G54-14 Ordinance No. G54-14
AN ORDINANCE
GRANTING A PLANNED DEVELOPMENT AS A CONDITIONAL USE
IN THE AB AREA BUSINESS DISTRICT TO PERMIT CERTAIN
DEPARTURES FROM THE ELGIN ZONING ORDINANCE RELATED
TO OFF-STREET PARKING AND STREET GRAPHICS REQUIREMENTS
(15 00 LARKIN AVENUE)
WHEREAS, written application has been made requesting a planned development for a
conditional use to permit certain departures from the Elgin Zoning Ordinance related to Off-
Street Parking and Street Graphics Requirements in the AB Area Business District; and
WHEREAS, the Planning & Zoning Commission 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 Planning & Zoning Commission.
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 August 4, 2014, made by the Planning & Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a planned development for a conditional use to permit certain
departures from the Elgin Zoning Ordinance related to off-street parking and street graphic
requirements in the AB Area Business District at 1500 Larkin Avenue, and legally described as
follows:
That Part of the East '/2 of the Southwest '/4 of Section 15, Township 41 North, Range 8
East of the Third Principal Meridian, described as follows: Commencing at a Point on the
North and South center line of said Section 15 that is 214.50 feet Northerly of the
Northerly line of Larkin Avenue (U.S. Route 20); thence Westerly at Right angles to the
North and South Center Line of said Section 15, a distance of 660.0 feet for the Point of
Beginning; thence Southerly along a line that forms an angle of 90 Degrees 13 Minutes to
the Left with the prolongation of the last described course, a distance of 378.59 feet to the
Northerly line of Larkin Avenue; thence Southwesterly along said Northerly line, a
distance of 109.0 feet to a point 67.96 feet North Easterly of (measured along said
Northerly line) the Southeast corner of the First Addition to Harris Oil Subdivision, being
a Subdivision of part of Section 15 as aforesaid; thence Northerly along a line that forms
and angle of 103 Degrees 40 Minutes 30 Seconds to the Right with prolongation of the
last described course, a distance of 426.22 feet; thence Easterly along a line that forms an
angle of 90 Degrees 14 Minutes 30 Seconds to the Right with the prolongation of the last
described course, a distance of 107.59 feet to a line that is 660.0 West of and parallel with
the North and South center line of said Section 15; thence Southerly along said line a
distance of 21.41 feet to the Point of Beginning, (Except that part taken for Highway
purposes by condemnation proceedings filed in Circuit Court for the 16th Judicial
Circuit, Kane County, Illinois, as Case No. 84ED39) in The City of Elgin, Kane County,
Illinois. (Property commonly known as 1500 Larkin Avenue)
be and is hereby granted subject to the following conditions:
1. Twenty-six (26) off-street parking spaces shall be the minimum number of off-street
parking spaces required rather than the fifty (50) off-street parking spaces required by the
Elgin Zoning Ordinance.
2. Four(4) wall graphics shall be allowed measuring a total of 147.5 square feet.
3. Substantial conformance to the Statement of Purpose and Conformance, and
Attachments, submitted by Ashley Hodgson, Warren Johnson Architects, Inc., dated July
28, 2014.
4. Substantial conformance to Site Plan (SP-1), Photometric & Details (SP-2), Exterior
Elevations (A-4 & A-5), prepared by Warren Johnson Architects, Inc., dated May 5,
2014, last revised July 25, 2014.
5. Substantial conformance Landscape Plan (L1), prepared by Warren Johnson Architects,
Inc., dated February 12, 2014.
6. Dunkin' Donuts Exterior Wall Art Panels — `Fresh Brewed' Multi-Panel Graphics, with
no DD logo, prepared by DGS Retail, dated April 26, 2013.
7. Graphic representation such as the "DD" logo, "steaming cup" or "Dunkin Donuts"brand
name are not permitted within, upon, or along the outdoor seating area, including upon
table umbrellas.
8. Compliance with all applicable codes and ordinances.
Section 3. That the planned development for a conditional use granted herein shall
expire if not established within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
David J. Kafrtain, ayor
- 2 -
Presented: October 8, 2014
Passed: October 8, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: October 8, 2014
Published: October 10, 2014 ,assFoMti,
Attes
Kimberly Dewis, Cit Clerk
- 3 -
August 4, 2014
PLANNING AND ZONING COMMISSION
RECOMMENDATION AND FINDINGS OF FACT
Community Developmew Department Citv of F;aill. IL
OVERVIEW
Larkin Donuts, Inc., requests approval of a planned development as a conditional use in the AB
Area Business District to permit the certain departures from the Elgin Zoning Ordinance related
to Off-Street Parking and Street Graphics Requirements at 1500 Larkin Avenue. The Planning
& Zoning Commission recommends approval of the application, subject to the conditions
outlined at the end of this report.
GENERAL INFORMATION
Petition Number: 26-14
Recommendation: APPROVE, subject to conditions outlined at the conclusion of this
Report(,See Recommendation Detail)
History: After due notice as required by law, the Planning & Zoning
Commission held a public hearing and considered Petition 26-14
on August 4, 2014. The applicant submitted a Statement of
Purpose and Conformance dated received July 28, 2014, and
testified at the public hearing.
Applicant: Larkin Donuts, Inc.
Staff Coordinator: Denise Momodu, Associate Planner
List of Exhibits: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
E. Statement of Purpose and Conformance,Application
F. Draft Conditional Use Ordinance
G. Related Correspondence
EXHIBIT A
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 26-14 August 4,2014
BACKGROUND & PROJECT DETAIL
An application has been filed by Warren Johnson Architects on behalf of the applicant for
property located at 1500 Larkin Avenue, requesting departures from the zoning ordinance.
A construction permit has been issued for a new free-standing Dunkin' Donuts restaurant, which
is currently under construction, with a drive-through facility and a parking lot. This location will
be open 24 hours a day, Monday through Sunday. Peak hours are expected to be from 5:00 a.m.
to 10:00 a.m., with the highest volume occurring from 7:00 a.m. to 9:00 a.m. The business will
employ approximately 15 employees, with up to 8 employees working on peak hour demand
shifts.
The current site plan is approved to provide the required 50 off-street parking stalls. The
applicant is now proposing a reduction in the number of off-street parking to 26 spaces based on
trends and data provided by the owner that a majority of Dunkin' Donuts' business is being
conducted at the drive-through windows with fewer customers entering the facility, thereby
reducing the demand for off-street parking.
The owner is also requesting an increase in the number of wall graphics permitted to be
displayed on the building. The zoning ordinance permits the applicant a maximum of 2 wall
graphics plus one additional wall graphic on the rear or service entrance side of the building for a
combined maximum surface area of 178 square feet. The applicant is requesting a total of 4 wall
graphics measuring 147.5 square feet.
The proposed departures from the off-street parking and street graphics requirements can best be
approved through a planned development as a conditional use requiring a public hearing and City
Council approval. The purpose and intent of a planned development as a conditional use is to
accommodate unique development situations on properties where 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.
GENERAL FINDINGS
The Planning and Zoning Commission has made the following general findings:
A. Site Characteristics Standard. The suitability of the subject property for the intended
planned development as a conditional use with respect to its size, shape, and any existing
improvements.
Findings. The subject property contains 43,594 square feet of land, and is trapezoidal in
shape. Overall, there is a very gradual slope with the highest point being in the northeast
corner at 817' sloping to 814.65' at the southwest corner for a maximum relief of 2.35
feet. The site is currently under construction and all previous site improvements have
2
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 26-14 August 4, 2014
been demolished. All existing shrubs along the perimeter of the site will remain and gaps
will be filled in with Peking Cotoneaster, a hardy and pest resident hedge.
B. Sewer and Water Standard. The suitability of the subject property for the intended
planned development as a conditional use with respect to the availability of adequate
water, sanitary treatment, and storm water control facilities.
Findings. The subject property is served by municipal water and sanitary sewer systems.
There is an existing 8 inch sanitary sewer along the western edge of the property line
connecting to the sewer line beneath Larkin Avenue. The water service runs below the
northern sidewalk along Larkin Avenue and connects to the site as 1'/2 inch service near
the service door at the east side of the building.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
planned development as a conditional use 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 located on the north side of Larkin Avenue. Larkin
Avenue is an arterial street, serving the west side of Elgin. The primary access to the
property is a full access point from Larkin Avenue, with a secondary access from the
shared driveway with the commercial property located to the west.
The current site plan is approved to provide the required 50 off-street parking stalls. The
applicant is proposing a reduction in the number of off-street parking to 26 spaces based
on trends and data indicating that a majority of Dunkin' Donuts' business is conducted at
the drive-through windows with fewer customers entering the facility, thereby reducing
the demand for off-street parking. Under the currently approved plan, the percentage of
impervious surface is 69%, but with the removal of 24 parking stalls will result in only
20,427 square feet of paved area, or 47%of impervious surface. The remaining portion of
the lot will be seeded or sodded.
D. Zoning History. The suitability of the subject property for the intended planned
development as a conditional use with respect to the length of time the property has
remained undeveloped or unused in its current zoning district.
Findings. The subject property was annexed as part of the Larkin-McLean Area
annexation in 1963, under ordinance No. S-740, and zoned B4 General Business district.
In 1992, the property was reclassified to AB Area Business District as part of a
comprehensive amendment to the zoning ordinance.
City records indicate that Golden China Buffet Restaurant was the last business to
operate from the site.
E. Surrounding Land Use and Zoning. The suitability of the subject property for the
intended planned development as a conditional use with respect to consistency and
compatibility with surrounding land use and zoning.
3
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 26-14 August 4, 2014
Findings. The area located to the north of the subject property is zoned PCF Planned
Community Facility District and is developed with the Taylor YMCA of Elgin and its
associated surface parking lots and open space. The area to the south is zoned CF
Community Facility District, and is developed with the Larkin High School campus. The
areas to the west and east are zoned AB Area Business District and are developed with
offices and commercial uses.
F. Trend of Development. The suitability of the subject property for the intended planned
development as a conditional use with respect to its consistency with an existing pattern
of development or an identifiable trend of development in the area.
Findings. The subject property is located within an area that has developed with a mix of
offices, commercial, and institutional uses.
G. Conditional Use for a Planned Development. The suitability of the subject property for
the intended planned development as a conditional use with respect to conformance to
the provisions for the purpose and intent of planned developments.
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 is 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
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.
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 district. Accordingly, each request made under these provisions should be very
cautiously reviewed and considered with respect to the standards for planned
developments.
H. Comprehensive Plan. The suitability of the subject property for the intended planned
development as a conditional use with respect to conformance to the goals, objectives,
and policies of the official comprehensive plan.
4
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 26-14 August 4, 2014
The subject property is designated "Highway Commercial" in the City's Comprehensive
Plan and Design Guidelines dated 2005. Areas designated Highway Commercial
typically serve surrounding neighborhood 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 centers. 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 land uses are in keeping with the objectives
and policies of this comprehensive plan designation.
I. Natural Preservation Standard: The suitability of the subject property for the intended
planned development as a conditional use with respect to the preservation of all
significant natural features including topography, watercourses, wetlands, and
vegetation.
Findings: There are no significant natural features on the subject property.
J. Internal Land Use Standard. The suitability of the subject property for the intended
planned development as a conditional use with respect to the land uses permitted within
the development being located, designed, and operated so as to exercise no undue
detrimental influence on each other or on surrounding property.
Findings. No evidence has been submitted or found that the proposed planned
development for a conditional use will be located, designed, or operated in a manner that
will exercise undue detrimental influence on itself or surrounding property. The
termination of the drive-through lane onto the shared driveway to the west is designed so
as to minimize any traffic conflicts through the use of directional signage.
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 departure from the Zoning Ordinance related to Off-Street Parking and Street
Graphics Requirements:
1. Section 19.45.070 Required Number of Parking Stalls. The requirement for the
number of off-street parking stalls a carry-out restaurant is I stall per 45 square feet of
floor area, thereby requiring 50 stalls for 2,250 square feet of floor area of the restaurant.
The applicant is requesting approval to install 26 parking stalls and land-bank the
remaining stalls at the rear of the property. Accordingly, a 48% departure from the
minimum required number of parking stalls is proposed.
2. Section 19.50.080: Wall And Integral Roof Graphics (D) Zoning Districts and
Maximum Number: The maximum number of wall graphics and integral roof graphics
permitted by the zoning ordinance is 2 for each occupant located on the ground floor of a
5
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 26-14 August 4, 2014
building. The applicant is requesting a total of 4 wall graphics measuring 147.5 square
feet. According, 2 additional wall graphics are being proposed.
No departure from the maximum allowable surface area of wall graphics is being
requested at this time.
APPLICABLE CODE ISSUES
The following are additional comments and/or requirements of the city's various reviewing
departments pertaining to life, fire safety and other applicable code issues pertaining to the
property that are required to be addressed either prior to obtaining the requested conditional use
approval and prior to obtaining a final Certificate of Occupancy.
1. Fire Department
Comments that materially affect the site and/or building plans
No Comments
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
2. Community Development—Building and Development Division
Comments that materially affect the site and/or building plans
No Comments
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
3. Community Development—Code Enforcement Division
Comments that materially affect the site and/or building plans
No issues from Code Enforcement.
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
4. Public Works - Engineering Division
Comments that materially affect the site and/or building plans
The proposed scope of the change is acceptable to the Engineering Division. As the same
overall site stormwater improvements are being proposed as the permitted plan, no
further engineering permit would be required.
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
6
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 26-14 August 4, 2014
5. Police Department
Comments that materially affect the site and/or building plans
No Comments
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
6. Public Works—Parks and Open Space Maintenance
Comments that materially affect the site and/or building plans
Not Applicable
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
7. Water Department
Comments that materially affect the site and/or building plans
No Comments
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
RECOMMENDATION DETAIL
By a vote of six (6) yes, zero (1) no, the Planning & Zoning Commission recommends the
approval of Petition 26-14, subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance, and
Attachments, submitted by Ashley Hodgson, Warren Johnson Architects, Inc., dated July
28, 2014.
2. Substantial conformance to Site Plan (SP-1), Photometric & Details (SP-2), Exterior
Elevations (A-4 & A-5), prepared by Warren Johnson Architects, Inc., dated May 5,
2014, last revised July 25, 2014.
3. Substantial conformance Landscape Plan (L 1), prepared by Warren Johnson Architects,
Inc., dated last revised February 12, 2014.
4. Dunkin' Donuts Exterior Wall Art Panels — `Fresh Brewed' Multi-Panel Graphics, with
no DD logo, prepared by DGS Retail, dated April 26, 2014.
7
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 26-14 August 4, 2014
5. Graphic representation such as the "DD" logo, "steaming cup" or"Dunkin Donuts" brand
name are not permitted within, upon, or along the outdoor seating area, including upon
table umbrellas.
6. A traffic study examining the impact of traffic on the property and on Larkin Avenue
shall be conducted prior to the approval of planned development.
7. Compliance with all applicable codes and ordinances.
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning& Zoning Commission
s/ Dave Waden
Dave Waden, Secretary
Planning& Zoning Commission
8
Lin Lor Ln = T
- _ Easy St .,
Wolf Ave
,w
Maple Ln .:.
EE �
{ E N — • • •
� a
Ave �e
3 ( L_arki n q
t �t
Y - m
n
0
Dr 3
- 's
I
M
Q
0
High/an �
RB
PCF
CF
Lin Lor RC1
PRB RC2 CF
ape
MFR PCF Subject Property
Petition 26-14
Legend
C3Residence Conservation 1 RB
C3Residence Conservation 2
C3Residence Conservation 3 F
C:3Planned Residence Conservation
OSingle Family Residence 1
OSingle Family Residence 2
OPlanned Single Family Residence 2
Two Family Residence
Multiple Family Residence 0
Planned Multiple Family Residence -9
Residence Business 01
Planned Residential Business
Neighborhood Business
Planned Neighborhood Business
Area Business
Planned Area Business — RC2--
Center City I Van
Center City 2
Planned Center City
Office Research Industrial
Planned Office Research Industrial
General Industrial
Planned General Industrial
Commercial Industrial
Planned Community Facility
Community Facility
Fox River Preservation
Planned Center City 2 CF
Planned Single Family Residence 1
Planned Two Family Reside nce
EXHIBIT B Zoning Map N
W+E
S
City of Elgin 0 70 140 280 420 560
Department of Community Development Feet
I
i
I
i
F7-
Il
Subject Property
1500 Larkin Ave.
Petition 26-14
0615326057
�a�Icin
EXHBIIT C Parcel Map N
A
City of Elgin 0 20 40 80 120 160
Department of Community Development Feet
SITE LOCATION EXHIBIT
1500 Larkin Avenue
Petition 26-14
39 39
� 39 39
w
� 39
39 �
39 39
39 39
39
39 ,39
1 34
1460
1520 �
� +
1480
1510 r
1510
.1568 566
Site Location
'1!
r
Perspective View #1
Attachment D
11 �
all
,Q7 f 1
k
ol
Aa
x
41a