HomeMy WebLinkAboutG5-12 Ordinance No. G5-12
AN ORDINANCE
AMENDING ORDINANCE NO. G1-10 GRANTING A
CONDITIONAL USE FOR AN AMENDED PLANNED DEVELOPMENT
(401 Summit Street, 455 and 459 North Gifford Street)
WHEREAS, pursuant to Ordinance G1-10, the property described below was zoned in
the AB Area Business District and granted a conditional use for a planned development; and
WHEREAS, written application has been made to amend certain provisions of Ordinance
No. G1-10 by amending the conditional use for a planned development at the subject property;
and
WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after
due notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs with the findings and
recommendation of the Zoning and Subdivision Hearing Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated January 4, 2012, made by the Zoning and Subdivision Hearing Board, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That ordinance No. G1-10 entitled "RECLASSIFYING CERTAIN
TERRITORY FROM RC3 RESIDENCE CONSERVATION DISTRICT TO AB AREA
BUSINESS DISTRICT AND GRANTING A CONDITIONAL USE FOR A PLANNED
DEVELOPMENT (401 Summit Street, 455 and 459 North Gifford Street)" passed January 13,
2010, be and is hereby amended only as forth in this ordinance.
Section 3. That a conditional use for an amended planned development which will allow
for the construction of a restaurant and parking lot at 401 Summit Street and 455 North Gifford
Street, legally described as follows:
Parcel 1
Lot 9 And 10 Of T. Schoonhoven's Addition To Elgin, In The City Of Elgin,
Kane County, Illinois (Property Commonly Known As 455 North Gifford Street).
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Parcel 2
Lot 11, 12 (Except The East 19 Feet Of The North 1/2 Thereof), 13 (Except The
East 19 Feet Thereof), And That Part Of Lot 14 Lying South Of The South Line
Of The Right Of Way Of State Highway No. 58 (Except The East 19 Feet
Thereof), of T. Schoonhoven's Addition To Elgin, In The City Of Elgin, Kane
County, Illinois (Property Commonly Known As 401 Summit Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance, prepared
by McDonald's USA, LLC, dated received October 21, 2011, and to the letter to
the City of Elgin Staff, Zoning Board of Appeals and City Council, dated
November, 18, 2011. In the event of any conflict between such Statement of
Purpose and Conformance and this ordinance or other applicable city ordinances,
this ordinance or other applicable city ordinances shall supersede and control.
2. Substantial conformance to the Development Plan, submitted by McDonald's
USA, LLC, inclusive of the following plan sheets:
a.) The ALTA/ACSM Land Title and Topographic Survey, prepared by
Compass Surveying LTD, dated September 21, 2011;
b.) The Aerial Site Exhibit, prepared by Watermark Engineering
Resources, LTD, dated November 21, 2011;
c.) The Site Plan 12, prepared by Watermark Engineering Resources,
LTD, dated December 1, 2011;
d.) Building Elevations - The 2009 Standard Building/38101 Plus
Fullerton Building, prepared by McDonald's USA, LLC; with a Std
Issue Date of January 6, 2012; Sheet No. A2.0 Elevation and Sheet
No. A2.1 Elevation; Note; and
e.) Floor Plan — The 2009 Standard Building/38101 Plus Fullerton
Building, prepared by McDonald's USA, LLC; with a Std Issue Date
of October 3, 2011; Sheet No. A1.0 Elevation and Sheet No. A2.1.
3. Substantial conformance to the Proposed Freestanding Monument Signs and Wall
Sign Packet, prepared by Everbrite, dated November 17, 2011, dated received
December 19, 2011. Note: the area of the landscape material of each monument
sign shall not be less than 2.5 times the surface area of the sign.
4. Substantial conformance to the Freestanding Signage Exhibit, prepared by
Watermark Engineering Resources, LTD, dated November 21, 2011, dated
received December 13, 2011.
/� - 2 -
5. Substantial conformance to the Landscape Plan, prepared by Watermark
Engineering Resources, LTD, dated November 21, 2011.
6. Compliance with all applicable codes and ordinances.
Section 4. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 5. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law. -
David J. Kapt.' , M: or
Presented: January 25, 2012
Passed: January 25, 2012
Omnibus Vote: Yeas: 6 Nays: 0 OF F4
Recorded: January 25, 2012 '(� ci
Published: January 27, 2012 t`y
Attest: n X11
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Kimberly Dewis, ity Clerk
• December 7, 2001
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 27-11 Requesting to Amend Ordinance No. GI-10, to Permit the
Construction of a New Restaurant Building; Property Located at 401 Summit Street and 455
North Gifford Street; by McDonald's USA, LLC, as Applicant, and Franchise Realty Investment
Trust IL, as Owner.
GENERAL INFORMATION
Requested Action: Amend Ordinance No.G 1-10 to Amend the
Conditional Use for a Planned Development
Current Zoning: AB Area Business District
ARC Arterial Road Corridor Overlay District
Existing Use: Fast Food Restaurant
Proposed Use: Fast Food Restaurant
Property Location: 401 Summit Street and 455 North Gifford Street
Applicant: McDonald's USA. LLC
Owner: Franchise Realty Investment Trust IL
Staff Coordinator: Lydia Treganza, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photo (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 27-11 December 7, 2011
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E. Environmental Map (see attached)
F. Site Photos (see attached)
G. Statement of Purpose; Development Application (see attached)
H. Draft Ordinance (see attached)
BACKGROUND
An application has been filed by McDonald's USA, LLC to permit the construction of a new
restaurant building. The property is located at 401 Summit Street and 455 North Gifford Street
(reference Exhibits A, B, C, D, E, and F).
The applicant is proposing to remove the existing McDonald's restaurant building and to
construct a new 4,484 square foot building for their business on the site. The applicant is
requesting departures from the zoning ordinance to permit the construction of the proposed
building under current codes and zoning ordinance requirements. This will require amending
Ordinance No. G1-10 which granted a conditional use for a planned development for the
property in 2010 and will require a public hearing and City Council approval (reference Exhibits
G and H).
The purpose of the provisions which permit a planned development as a conditional use is to
provide an element of flexibility in the zoning ordinance. This element of flexibility allows a
relatively small property to be granted departures from the standard requirements of the zoning
ordinance without meeting the two acre minimum for a planned business district. Accordingly,
each request made under these provisions should be very cautiously reviewed and considered
with respect to the standards for planned developments.
GENERAL FINDINGS AND INFORMATION
After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a
public hearing in consideration of Petition 27-11 on December 7, 2011. Testimony was
presented at the public hearing and documentary evidence in support of the application was
presented. No objectors were present. The Community Development Department submitted a
Conditional Use Review dated December 2, 2011.
At the hearing, the applicant requested three additional exceptions from the departures and
conditions originally proposed within the application. Each exception was voted on separately.
First, the applicant requested that the fence along the southeast side of the lot and along Fremont
'r"a'` Street be left at eight feet high. While the board was comfortable with this allowance, staff
continued to work with the applicant, and McDonald's has agreed to reduce the fence height
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 27-11 December 7, 2011
along Fremont Street to six feet high. The remaining segment will remain eight feet high.
Second, the applicant requested permission to set the enter/exit directional signs on poles, rather
than upon a base. The board did not recommend approval of that request. As such, the applicant
has amended the application so that those signs are on bases, and the size increased only in the
amount equal to the size of the base. Finally, the applicant requested flexibility on the parking
requirement, with the ability to reduce the count to 48 stalls rather than 50 stalls, if the primary
monument sign needed to move to minimize sight safety concerns. While the board agreed with
this request, the applicant has since determined that the sign does not have to move (it will be
outside of the 20-foot line of sight control area), and the site plan includes 50 parking spaces.
The Zoning and Subdivision Hearing Board considered the following information regarding the
property:
A. Zoning History. The subject properties were zoned as follows:
year 401 Summit 459 N Gifford 455 N Gifford
1927 B Residential B Residential B Residential
1950 B Residential B Residential B Residential
1960 C Residential/ C Residential/ C Residential/
E Commercial E Commercial E Commercial
fihk 1961 E Commercial E Commercial E Commercial
1962 B3 Service Business R5 General Residence R5 General Residence
Amendment
1992 B3 Service Business R4 General Residence R4 General Residence
1992 • AB Area Business RC3 Residence RC3 Residence
Amendment Conservation Conservation
2010 AB Area Business AB Area Business AB Area Business
Ord. G1-10
A residence was built at 455 North Gifford in 1890. McDonald's restaurant was
established at 401 Summit in 1958.
The subject properties were originally zoned for residential in 1927. The properties were
rezoned to C Residential/E Commercial District at approximately the same time that the
McDonald's restaurant was established. The property at 401 Summit was rezoned to B3
Service Business District and the properties at 459 and 455 North Gifford to R5 General
Residence District as part of the comprehensive amendment to the Zoning Ordinance in
1962. The same properties were rezoned to AB Area Business District and RC3
Residence Conservation District respectively as part of the comprehensive amendment to
the Zoning Ordinance in1992.
The properties at 459 and 455 North Gifford were rezoned from RC3 Residence
Conservation District to AB Area Business District and a Conditional Use for a Planned
Development was granted for the properties at 401 Summit and 459 and 455 North
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 27-11 December 7, 2011
Gifford in 2010. The residence that was built at 455 North Gifford in 1890 was
demolished in 2010 to allow for the expansion of the McDonald's parking lot.
B. Surrounding Land Use and Zoning. The properties to the north, northeast, and west
are zoned AB Area Business District and are developed with commercial uses.
The properties to the south and southeast are zoned RC3 Residence Conservation and are
developed with residential uses.
C. Trend of Development. The areas along Summit Street and Gifford Street have
developed with a mix of commercial uses. The area along Fremont Street has developed
primarily as an older established residential neighborhood.
D. Comprehensive Plan. The subject property is designated as "Highway Commercial" by
the City of Elgin's Comprehensive Plan and Design Guidelines dated 2005. Areas
designated Highway Commercial typically serve surrounding neighborhoods areas, but
also larger trade areas connected by the arterial street system. They may include all of
the commercial uses found in the mixed use center. In addition, they typically include
highway serving uses such as fast food restaurants, auto oriented uses such as tire stores,
service stations, auto parts stores, and other stand alone retail uses. These commercial
areas are generally auto dominated with few pedestrian amenities. The proposed
development is in conformance with this designation.
E. Natural Preservation. There are no significant natural features on the subject property.
STANDARDS FOR CONDITIONAL USES
The Zoning and Subdivision Hearing Board has made the following findings concerning the
conditional use standards:
For consideration by the Zoning & Subdivision Hearing Board, the Community Development
Department offers the following findings regarding this application against the standards for
conditional uses:
A. Site Characteristics Standard: The suitability of the subject property for the intended
conditional use for a planned development with respect to its size, shape, significant
natural features (including topography, watercourse and vegetation), and existing
improvements.
Findings: The subject property is suitable for the intended conditional use for a planned
development with respect to the site characteristics standard.
The subject property is comprised of two parcels of land containing 42,371 square feet of
area. The property is adjoined by three streets, including Summit, Gifford and Fremont.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 27-11 December 7, 2011
The property is improved with a one-story brick commercial building, containing 3,659
square feet of floor area; two drive-through lanes; and a paved parking lot. There are no
significant natural features on the site.
Topography on the site varies with a high point of 766.7 feet on the southeast corner of
the lot and a low point of 758.9 feet on the northwest corner of the lot, giving a 7.8 foot
relief The property itself is relatively flat.
B. Sewer and Water Standard: The suitability of the subject property for the intended
conditional use for a planned development with respect to the availability of adequate
municipal water, wastewater treatment, and storm water control facilities.
Findings: The subject property is suitable for the intended conditional use for a planned
development with respect to the sewer and water standard.
The subject property is served with municipal water and sanitary sewer.
C. Traffic and Parking Standard: The suitability of the subject property for the intended
conditional use fora planned development with respect to the provision of safe and
efficient on-site and off-site vehicular circulation designed to minimize traffic congestion.
rFindings: The subject property is suitable for the intended conditional use fora planned
[ development with respect to the traffic and parking standard.
The subject property is located on the south side of Summit Street, north of Fremont
Street, and east of Gifford Street. Summit Street is an arterial road east of Dundee
Avenue, and a collector road west of Dundee Avenue, serving the east side of Elgin.
Fremont and Gifford streets are local streets serving the adjoining residential
neighborhoods.
The subject property has two full points of access, one off of Summit Street and one off
of Gifford Street.
D. Conditional Use for a Planned Development Standard: The suitability of the subject
property for the intended conditional use for a planned development with respect to
conformance for the purpose and intent of the planned development.
No conditional use for a planned development should be granted for the sole purpose of
introducing a land use not otherwise permitted on the subject property. The purpose and
intent of the provisions for planned developments are to accommodate unique
development situations. For planned developments as a conditional use, the planned
development should demonstrate the following characteristics:
1. An opportunity to realize a development of demonstrated need with respect to the
types of environment available to the public that would not be possible under the
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 27-11 December 7, 2011
strict application of the other chapters of this title.
2. The public benefit realized by the establishment of the planned development is
greater than if the property were to remain subject to the standard requirements of
the zoning district in which it is located.
3. Extraordinary conditions or limitations governing site design, function, operation,
and traffic are imposed on the planned development.
Findings: The subject property is suitable for the intended conditional use for a planned
development with respect to conformance to the purpose and intent of a conditional use
for a planned development standard.
In 2010, due to what was to be the City's acquisition of a portion of the subject property
to construct a new traffic roundabout at the corner of Summit Street and Dundee Avenue
caused the restaurant owner to request rezoning for an expansion of the McDonald's
parking lot, to compensate for the resulting loss of parking spaces along the northerly end
of the lot. The property was rezoned and granted departures through the planned
development process. The applicants agreed to provide landscaping and fencing to
mitigate the granting of the departures. They agreed on screening the parking lot
expansion from Fremont Street and the adjoining residential lots with a 6 foot high solid
fence and to provide extraordinary landscaping.
The owners of McDonald's are now requesting to construct a new brick restaurant on site
which brings their business at this site up to current standards using their new trade
image. Along with this they want to use their double side-by-side drive-through "Y"
configuration ordering system which is becoming an operational standard for them. The
drive-through configuration is site specific and needs menu board placement guidelines
and island configuration for the system to work properly. In order to provide the double
drive-through on this site, the parking lot will go from 60 parking spaces to 50 parking
spaces. The order point splits into two lanes for dual order taking and merges back into
'one lane for payment and order presentation. The drive-through is heavily frequented
during business peak times; over 72% of McDonald's customers use the drive-through.
McDonald's hours of operation are: 24 hour Drive-Through; Lobby 5:00 am to 12:00 pm.
The owners of McDonald's want to make improvements to the existing site but are
constrained by the lot and are asking for departures for vehicle use area setbacks,
transition landscape yard setbacks and vehicle use area landscape yard, stacking lane
width, and number of parking space requirements. The constraints and hardship placed
on the project due to the size of the lot justify the request for departures.
The owners are proposing to install landscape material in an amount two times over that
which is required. However, due to the lack of required vehicle use area landscape yards
on the subject property, the property owners propose to install and maintain the proposed
plant material on and within the vehicle use area landscape yard located elsewhere on the
subject property.
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Findings of Fact Zoning and Subdivision Hearing Board
• Petition 27-11 December 7,2011
In return for the requested departures, the applicant is agreeing to honor the proposed
mitigation offered in 2010 and screen the parking lot from Fremont Street with a 6 foot
high solid fence and the adjoining residential lots along the southeast side of the property
with an 8 foot high solid fence and to provide extraordinary landscaping along this same
area.
E. Location, Design, and Operation Standard. The suitability of the subject property for
the intended conditional use with respect to it being located, designed, and operated so
as to promote the purpose and intent of this title and chapter.
Findings. The subject property is suitable for the intended conditional use with respect to
it being located, designed, and operated so as to promote the purpose and intent of the
zoning ordinance.
No evidence has been submitted or found that the proposed conditional use will be
located, designed, or operated in a manner that will exercise undue detrimental influence
on itself or surrounding property.
The conditional use for a planned development ordinance is intended to prevent undue
detrimental influence on the proposed internal design, development of, and movement
created within and from the subject property on surrounding properties.
F. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of or a compatible improvement to a designated
landmark or property located in a designated historic district while preserving those
portions and features of the property which are significant to its historic, architectural,
and cultural values to an historic preservation plan.
Findings. The subject property is suitable for the intended conditional use with respect to
the Historic Preservation standard.
The subject property is not located within a designated historic district.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards,
regulations, requirements, and procedures of the zoning ordinance. The applicant is requesting
the following departures and exceptions from the standard requirements of the AB District:
1. Section 19.30.435 (E.2.a) Vehicle Use Area Street Setback. The AB Area Business
District requires a minimum 8.3 foot vehicle use area setback from a street lot line.
a. The applicant is proposing a 5.2 foot setback along Summit Street. Accordingly,
a 37.3% departure from the minimum required vehicle use area setback from a
street is proposed.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 27-11 December 7, 2011
b. The applicant is proposing a 1.4 foot setback along Gifford Street. Accordingly,
an 83.1% departure from the minimum required vehicle use area setback from a
street is proposed
2. Section 19.35.435 (E.2.b) Vehicle Use Area Interior Setback. The AB Area Business
District requires a minimum 6 foot setback from an interior lot line. The applicant is
proposing a 1.5 foot setback from the interior lot line. Accordingly, a 75% departure
from the minimum required vehicle use area setback from an interior lot line is requested.
3. Section 19.35.435 (H.2) Transition Landscape Yard. The AB Area Business District
requires a minimum transition landscape yard setback from a transition lot line of 25 feet.
The applicant is proposing a 3.6 feet setback for the vehicle use areas located along the
interior lot line adjacent to the residence district located to the east. Accordingly, an
85.6% departure from the minimum required transition landscape yard setback is
requested.
4. Section 19.12.400 (A) Average Setbacks. The AB Area Business District requires an
average vehicle use area setback from a street lot line of 9.4 feet. The applicant is
proposing an 8.2 feet average vehicle use area setback from the street lot line along
Fremont Street. Accordingly, a 12.7% departure from the average vehicle use area
setback from a street lot line is requested.
5. Section 19.45.080 Table of Required Parking. According to Chapter 19.45; Off
Street Parking, the number of off-street parking stalls for a new sit down restaurant is
required. The ordinance requires 1 stall per 60 square feet of floor area or 75 parking
stalls for the 4,484 square foot building. The applicant is proposing to install 50 parking
stalls. Accordingly, a 66.67% departure from the required number of parking stalls is
being requested.
6. Section 19.45.130 (E) Stacking Lanes. Motor Vehicle stacking lanes for drive-through
facilities shall be a minimum of twelve feet (12') in width. The applicant is proposing a
10.5 foot width. Accordingly, a 12.5 % departure from the minimum required width is
requested.
7. Section 19.12.720 Landscape Yards (B): Vehicle Use Area Landscape Yard (a).
Vehicle use area landscape yard requirements include: Trees — There shall not be less
than two (2) trees for each side of the vehicle use area. Required trees shall be shade
trees, evergreen trees, or ornamental trees of specific size and number of species. The
applicant does not propose to place any trees along the north end of the lot nor do the
proposed trees meet the specific number of species requirement. These are departures
from the requirements of the ordinance. The owner is required to plant 16 trees. The
owner proposes to add trees to create a total of 36 trees on site.
8. Section 19.12.720 Landscape Yards (B): Vehicle Use Area Landscape Yard (b).
Vehicle use area landscape yard requirements include: Screening - Vehicle use areas
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Findings of Fact Zoning and Subdivision Hearing Board
' Petition 27-11 December 7,2011
shall be effectively screened along fifty percent (50%) of each side excepting that part of
any side directly adjoining a building on the same zoning lot. The applicant does not
propose to plant the required number of shrubs along all sides of the parking lot because
of the lack of vehicle use area landscape yards. The applicant proposes to install and
maintain plant materials on and within possible landscape yards located elsewhere on the
subject property. These are departures from the requirements of the ordinance.
9. Section 19.12.720 Landscape Yards (B): Vehicle Use Area Landscape Yard (b).
Vehicle use area landscape yard requirements include: Shrubs - Required shrubs shall be
maintained at not less than two feet in height at any location and not more than three feet
(3) in height within any required building setback from a street lot line. Shrubs may be
deciduous or coniferous. The applicant does not propose to plant the required 120 shrubs
at the required height. These are departures from the requirements of the ordinance. The
applicant does propose to plant a combination of 552 - 5 gallon, 3 gallon, and 1 gallon-
flowering and evergreen shrubs, perennials, ornamental grass, and groundcover. Of
these, 115 are 5 gallon and 3 gallon flowering and evergreen shrubs, 8 are 36" and 30"
shrubs, and 15 are existing shrubs.
10. Section 19.50.090 Special Street Graphics: Directional Graphic (C) and Drive
Through facility Graphic (D). The maximum surface area for a directional graphic
shall not be more than 4 square feet on multilane roads and on any highway with a posted
travel speed of thirty five miles per hour or greater. Because of the added base, the
applicant is requesting the bollard directionals be 6.42 square feet in surface area and the
enter/exit directionals be 10 square feet in size. The maximum surface area for a drive
through facility graphic shall not exceed fifty square feet in surface area. The applicant is
requesting a 58.2 square foot menu board graphic.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Findings.
Positive Attributes: The owners of McDonald's are now requesting to construct a new
brick restaurant on site which brings their business at this site up to current standards
using their new trade image. Along with this they want to use their double side-by-side
drive-through "Y" configuration ordering system which is becoming an operational
standard for them. The drive-through configuration is site specific and needs menu board
placement guidelines and island configuration for the system to work properly. In order
to provide the double drive-through on this site, the parking lot will go from 60 parking
spaces to 50 parking spaces. The order point splits into two lanes for dual order taking
and merges back into one lane for payment and order presentation. The drive-through is
heavily frequented during business peak times; over 72% of McDonald's customers use
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Findings of Fact Zoning and Subdivision Hearing Board
• Petition 27-11 December 7, 2011
the drive-through. McDonald's hours of operation are: 24 hour Drive-Through; Lobby
5:00 am to 12:00 pm.
The owners of McDonald's want to make improvements to the existing site but are
constrained by the lot and are asking for departures for vehicle use area setbacks,
transition landscape yard setbacks and vehicle use area landscape yard, stacking lane
width, and number of parking space requirements. The constraints and hardship placed
on the project due to the size of the lot justify the request for departures.
The owners are proposing to install landscape material in an amount two times over that
which is required. However, due to the lack of required vehicle use area landscape yards
on the subject property, the property owners propose to install and maintain the proposed
plant material on and within the vehicle use area landscape yard located elsewhere on the
subject property.
In return for the requested departures, the applicant is agreeing to honor the proposed
mitigation offered in 2010 and screen the parking lot from Fremont Street with a 6 foot
high solid fence and the adjoining residential lots along the southeast side of the property
with an 8 foot high solid fence and to provide extraordinary landscaping along this same
area.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than an approval, a denial, or an approval with some combination of conditions,
there are no substantive alternatives.
DECISION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 27-11, subject
to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance, prepared by
McDonald's USA, LLC, dated received October 21, 2011, and to the letter to the City of
Elgin Staff, Zoning Board of Appeals and City Council, dated November, 18, 2011. In
the event of any conflict between such Statement of Purpose and Conformance and this
ordinance or other applicable city ordinances, this ordinance or other applicable city
ordinances shall supersede and control.
2. Substantial conformance to the Development Plan, submitted by McDonald's USA, LLC,
inclusive of the following plan sheets:
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Findings of Fact Zoning and Subdivision Hearing Board
• Petition 27-11 December 7, 2011
a. The ALTA/ACSM Land Title and Topographic Survey, prepared by
Compass Surveying LTD, dated September 21, 2011;
b. The Aerial Site Exhibit, prepared by Watermark Engineering
Resources, LTD, dated November 21, 2011;
c. The Site Plan 12, prepared by Watermark Engineering Resources,
LTD, dated December 1, 2011;
d. Building Elevations - The 2009 Standard Building/38101 Plus
Fullerton Building, prepared by McDonald's USA, LLC; with a Std
Issue Date of January 6, 2012; Sheet No. A2.0 Elevation and Sheet
No. A2.1 Elevation; Note; and
e. Floor Plan — The 2009 Standard Building/38101 Plus Fullerton
Building, prepared by McDonald's USA, LLC; with a Std Issue Date
of October 3, 2011; Sheet No. A1.0 Elevation and Sheet No. A2.1.
3. Substantial conformance to the Proposed Freestanding Monument Signs and Wall Sign
Packet, prepared by Everbrite, dated November 17, 2011, dated received December 19,
2011. Note: the area of the landscape material of each monument sign shall not be less
than 2.5 times the surface area of the sign.
4. Substantial conformance to the Freestanding Signage Exhibit, prepared by Watermark
Engineering Resources, LTD, dated November 21, 2011, dated received December 13,
2011.
5. Substantial conformance to the Landscape Plan, prepared by Watermark Engineering
Resources, LTD, dated November 21, 2011.
6. Compliance with all applicable codes and ordinances.
s/ Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/ Dave Waden
Dave Waden, Secretary
Zoning and Subdivision Hearing Board
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