Loading...
G05-12 y • Ordinance No. G5-12 AN ORDINANCE AMENDING ORDINANCE NO. G 1-10 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. GI-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). • I • 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` 1or Presented: January 25, 2012 Passed: January 25, 2012 Omnibus Vote: Yeas: 6 Nays: 0 e Recorded: January 25, 2012 �g85 Rl)h� Published: January 27, 2012 Attest: tA� Kimberly De��is, by Clerk • - 3 - 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. G1-10, 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.GI-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: Lvdia 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 • �\t 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 lave, 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 • 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 ` __ 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 • 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 RC') Residence Amendment Conservation Conservation 2010 AB Area Business AB Area Business AB Area Business Ord. GI-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 in 1992. 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 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. 4 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 comer 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 for a planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings: The subject property is suitable for the intended conditional use for a 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: r 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 5 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 comer 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. 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 27-11 December 7, 2011 i•` 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. 7 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 8 - 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.. 1'0. 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 C 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 iheavily frequented during business peak times; over 72% of McDonald's customers use 9 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. t 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: 10 y _• 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 I,0 11