Plan Commission

LEGAL NOTICE OF PUBLIC HEARING Skokie Plan Commission, Thursday, September 12, 2013, Village of Skokie, 5127 Oakton Street, Skokie, Illinois 60077, at 7:30 P.M., to consider the following: NEW ACTION TAKEN 2013-27P - Special Use Permit: 4830 Dempster Street McDonald's USA, LLC, on behalf of McDonald's Corporation, and Nonebetter Approved as Property Management Co., Inc. request a special use permit for a limited amended service restaurant with 2 drive-through lanes and minor building modifications 8-0-1 in a B3 Business district and the following relief from the Skokie Village Code: §118-144(2)c to allow 0% rather than 50% of the first floor facade of the building that faces a public street to abut the public sidewalk or required landscape yard, and any other relief that may be discovered during the review of this case. PINs 10-16-433-035-0000, 10-16-433-036-0000, 10-16-433-037-0000, & 10-16-433-038-0000 2013-25P – Special Use Permit: 4811 Oakton Street #200 Case withdrawn HCGK 4811 LLC, on behalf of Calvary Redemption Center, requests a special By petitioner use permit for religious assembly in a CX Transit Mixed-Use district and any other relief that may be discovered during the review of this case. PINs 10-25-204-003-0000 & 10-25-204-005-0000 FOR YOUR INFORMATION: Plans and related documents are available at the Village’s Community Development Department, Planning Division, (847) 933-8447 Monday through Friday, from 8:30 AM to 5:00 PM. SPECIAL AID: Available upon request for the disabled. Call (847) 673-0500 or TDD (847) 933-8455. Interested parties are invited to attend this meeting. This notice is for information purposes only. Published in the Skokie Review on August 15, 2013. Paul Luke, Chairman VOSDOCS-#434926-v1-Legal_Notice_of_Public_Hearing_for_Plan_Commission_Meeting_of_9-12-13 STAFF REPORT 2013-27P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, September 12, 2013 To: Paul Luke, Chairman, Skokie Plan Commission From: Mike Voitik, Planning Technician Re: Special Use Permit: 4830 Dempster Street Limited service restaurant with 2 drive-through lanes General Information Location 4830 Dempster Street Purpose Special use permit for limited service restaurant with 2 drive- through lanes and minor building modifications in a B3 business district and the following relief from the Skokie Village Code: §118-144(2)(c) to allow 0% rather than 50% of the first floor façade of the building that faces a public street to abut the public sidewalk or required landscape yard, and any other relief that may be discovered during the review of this case. Petitioner McDonald’s USA, LLC, on behalf of McDonald’s Corporation, and Nonebetter Property Management Co., Inc. Size of Site 37,237 square feet (0.8548 acres) with 268.58 feet of frontage on Touhy Avenue and 145.81 feet of frontage on Niles Center Road. Existing Zoning & B3 Business – limited service restaurant with 1 drive-through lane Land Use Adjacent Zoning & North R4 Multifamily Housing – townhouses Land Use B3 Business – clinic, home health care agency South B3 Business – mattress store, tobacco store, employment agency, hair salon, vacant storefront, pawn shop East B3 Business – automotive fuel station, massage therapist’s office, business support service West B3 Business – nail salon, paintball supply store, accounting office, construction contractor’s office, insurance office, convenience store Comprehensive Plan The site is designated as pedestrian oriented mix. #435004 v1 Staff Report – 2013-27P: Special Use Permit: 4830 Dempster Street 1 of 9 SITE INFORMATION  Public sidewalks are present along Dempster Street and Niles Center Road.  Overhead utilities run along the south side of the alley that runs along a portion of the north side of the subject site.  Two-way driveways are located on Dempster Street and Niles Center Road.  The site is directly served by the CTA 54A, CTA 97, and Pace 250 buses, which run along Dempster Street and Niles Center Road. The site is located a block-and-a-half east of the CTA Yellow Line Dempster-Skokie station. STAFF ANALYSIS Petitioner’s Submittal The petitioners are requesting a special use permit for a limited service restaurant with 2 drive-through lanes and minor building modifications at the existing McDonald’s at 4830 Dempster Street, in a B3 Business district. Relief is also being requested from §118-144(2)(c) of the Skokie Village Code to allow 0% rather than 50% of the first floor façade of the building that faces a public street to abut the public sidewalk or required landscape yard. While McDonald’s has been in operation at this location since at least 1963, a drive-through was not added until 1981, and was eventually relocated and reconfigured when the McDonald’s building was rebuilt in its current location in 1993 (case 81-23P). In addition to a second drive-through lane being added, the play area located to the west of the building will be removed and replaced with 2 parking spaces. The driveway at Niles Center Road will be relocated slightly further to the north of its current location so that is in alignment with the existing one-way driveway that runs along the north side of the building. The existing wooden fence that runs along the north property line between the building to the north of the subject site and the public alley will be removed. A wall with a metal fence above it will be constructed in place of the wood fence and match the appearance of the existing wall that runs along the north property line adjacent to the public alley. Comments Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Engineering Division and the Forestry Division. All other departments returned the sheets with no comments regarding the subject case. #435004 v1 Staff Report – 2013-27P: Special Use Permit: 4830 Dempster Street 2 of 9  Engineering Division The Engineering Division recommends approval of the petitioners’ request; however, as a condition of approval, right-of-way dedications of 3 feet along Niles Center Road and 1 foot along Dempster Street must be depicted on the site plan. The 2 proposed parking spaces located at the west end of the building must be removed as there is concern from Engineering staff about the impact of these spaces upon traffic flow as vehicles turning south from the drive-through lane enter an area where cars may be backing up from both the east and west sides of the driveway. With the removal of these two spaces, 40 parking spaces will still be present on the site, exceeding the parking requirement of 38 spaces. The Engineering Division also requests that the proposed striped area on the east side of the eastern drive-through lane be replaced with an extended curb and landscape island to discourage motorists from attempting to enter from Niles Center Road. Additionally, bollards must be provided on the solid yellow line to the south of the landscaped island and an additional “Do Not Enter” sign must be located at the south end of this landscape island and face north. Forestry Division The Forestry Division requests that the existing Emerald Ash Borer-infested ash tree that is located to the north of the driveway running along the north side of the building be removed and replaced with a narrow growing species of tree, such as a chanticleer pear. The petitioners must also take special care during the construction process to protect the existing tree located to the east of the Dempster Street driveway as well as the new tree that will be planted within the island to the east of the outer drive-through lane. Planning Division The Planning Division recommends approval of the special use permit for a limited service restaurant with 2 drive-through lanes and minor building modifications at the subject site. The addition of a second drive-through lane will greatly improve the efficiency of McDonalds’ processing of drive-through orders on a site which currently experiences internal traffic congestion resulting from vehicles stacking within the existing single drive-through lane. The petitioner is not required to request relief from Section 118-144(2)(c) of the Skokie Village Code because the setback of the building predates the code requirement and the building’s footprint is not being modified. The landscape plan must be modified to include all existing and proposed plantings on a single drawing and also to add new plantings within the area located to the north of the driveway at Niles Center Road. The overhead utilities that run from the power pole in the alley north of the subject site to the building must be placed underground. #435004 v1 Staff Report – 2013-27P: Special Use Permit: 4830 Dempster Street 3 of 9  Planning concurs with the Engineering Division’s comments, and requests that additional landscaping must be added within the larger drive-through curbed island. Staff also recommends that the 2 Chilton stepping stone paths proposed within the new landscaping along the south side of the building be replaced with two 5-foot- wide concrete sidewalks to improve the safety of pedestrians walking in these areas. The dedications being requested along the south and east sides of the property are needed in order to place the public sidewalk entirely within the right-of-way and widen the Niles Center Road right-of-way to 33 feet from centerline. Section 94-6 of the Skokie Village Code requires that right-of-way be, at minimum, a width of 33 feet from centerline along Niles Center Road. A 3 foot dedication was previously granted along the east side of the property to the north of the subject site in 2007. The 3 parcels that are currently owned by the McDonald’s Corporation (10-16-433- 035-0000, 10-16-433-036-0000, and 10-16-433-037-0000) must be consolidated into a single new tax parcel. A total of 2 bike parking spaces (1 hoop) are required for the subject site. However, observations of the bike rack use at the McDonalds at Touhy Avenue and Niles Center Road indicate that 4 bicycle parking spaces are probably needed. Staff encourages the petitioners to install 4 bicycle parking spaces (2 hoops). The designs of the bicycle rack on the site plan and landscape plan must match each other and construct the bicycle parking spaces in accordance with Section 118-221 of the Skokie Village Code. Ongoing noise issues have been a problem at the subject site in the past. The drive-through at this location used to operate on a 24-hour basis, but noise from the radios of customers’ vehicles was impacting the adjacent residential neighborhood to the north, and the drive-through adopted its current hours earlier this year. McDonald’s has taken steps to remind customers to turn down their radios while in the drive-through lane. In order to continue to limit noise generated by the business and its customers at night, Staff recommends continuing an existing condition which requires that no deliveries to McDonald’s shall be made between the hours of midnight and 7:00 a.m. Additionally, the hours of the operation of the drive-through lanes shall be limited to 4:30 a.m. to midnight. Any modification to the hours of the drive-through that would increase the amount of time that the drive-through is open beyond midnight and before 4:30 a.m. shall require an amendment to the special use permit, including public hearings. APPEARANCE COMMISSION The petitioners received approval for all exterior elevations and signage at the August 14, 2013 Appearance Commission meeting. #435004 v1 Staff Report – 2013-27P: Special Use Permit: 4830 Dempster Street 4 of 9 STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a limited service restaurant with 2 drive-through lanes and minor building modifications at 4830 Dempster Street be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions. RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to the hearing before the Board of Trustees, the petitioners must submit to the Planning Division a revised site plan and landscape plan with the following corrections: a. Show all existing and proposed landscaping on the site. b. Remove and replace the existing Emerald Ash Borer-infested ash tree that is located to the north of the driveway running along the north side of the building with a narrow growing species of tree. c. Modify the landscape plan to show all existing and proposed plantings on one drawing. d. Modify the landscape plan to add new plantings within the area located to the north of the driveway at Niles Center Road. e. Extend the proposed landscape island located on the east side of the eastern drive-through lane further to the south to the southern tip of the proposed striped area. f. Install bollards along the solid striped line extending south from the island to further define the outer drive-through lane. g. Add additional landscaping to the south end of the extended island located on the east side of the eastern drive-through lane. h. Install a second “Do Not Enter” sign and locate it within the island located on the east side of the eastern drive-through lane to reinforce to customers that the driveway is one-way northbound. i. Modify the designs of the bicycle rack on the site plan and landscape plan so that they match each other and construct the bicycle parking spaces in accordance with Section 118-221 of the Skokie Village Code. 2. The overhead utilities that run from the power pole in the alley north of the subject site to the building must be placed underground. 3. Prior to the hearing before the Board of Trustees, the McDonald’s Corporation shall submit to the Planning Division a tax form consolidating the 3 parcels that it currently owns (10-16-433-035-0000, 10-16-433-036-0000, and 10-16-433-037- 0000) and required filing fees. 4. The petitioners must dedicate a 3-foot-wide portion of land along the east side of #435004 v1 Staff Report – 2013-27P: Special Use Permit: 4830 Dempster Street 5 of 9  the property in order to place the public sidewalk entirely within the right-of-way and widen the Niles Center Road right-of-way to 33 feet from centerline. 5. The petitioners must dedicate a 1-foot-wide portion of land along the south side of the property in order to place the public sidewalk entirely within the right-of-way. 6. No deliveries to McDonald’s shall be made between the hours of midnight and 7:00 a.m. 7. The hours of the operation of the drive-through lanes shall be limited to 4:30 a.m. to midnight. 8. Any modification to the hours of the drive-through that would increase the amount of time that the drive-through is open beyond midnight and before 4:30 a.m. shall require an amendment to the special use permit, including public hearings. STANDARD SPECIAL USE CONDITIONS 9. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved Site Plan <insert date of final approved plan>, Landscape Plan dated <insert date of final approved plan>, and Exterior Color Elevations dated <insert date of final approved plan>. 10. Any outdoor sound systems shall at all times maintain audio levels that are compliant with the Skokie Village Code. 11. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced. 12. All objects and landscaping within a 15-foot sight distance triangle shall not exceed 30 inches in height, except traffic control devices listed in the Manual on Uniform Traffic Control Devices. 13. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner. 14. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. 15. A screened garbage corral with an impermeable surface shall be provided to contain all dumpsters. 16. Waste receptacles shall be placed on the Subject Property for the use of customers, and that the Health Department shall determine the size, type, and location of these units. 17. The petitioner shall implement any necessary operational improvements to ensure that stacking of vehicles within the drive-through lane will be contained on site and not impede or obstruct pedestrian or vehicular movements. #435004 v1 Staff Report – 2013-27P: Special Use Permit: 4830 Dempster Street 6 of 9 18. At least once during every 4 hours of operation and before opening and closing of the business, employees shall patrol the Subject Property and clear it of debris. 19. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 20. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. 21. The petitioners shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. ATTACHMENTS 1. Proposed Positive Findings of Fact for 2013-27P 2. Memorandum from the Engineering Division, dated August 30, 2013 3. Site photos, received August 2, 2013 4. Site Plan, dated August 1, 2013 5. Landscape Plan, dated August 1, 2013 6. Exterior Color Elevations, dated August 8, 2013 7. Boundary & Topographic Survey, dated May 11, 2011 8. Land Use and Zoning Map #435004 v1 Staff Report – 2013-27P: Special Use Permit: 4830 Dempster Street 7 of 9 Proposed Positive Findings of Fact 2013-27P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, September 12, 2013 1 Consideration The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or general welfare; and the proposed building or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community. Findings The proposed limited service restaurant with 2 drive-through lanes will not be detrimental to or endanger the public health, safety, morals, or general welfare. The use will provide services that are in the public interest and will contribute to the general welfare of the community. 2 Consideration The proposed building or use will not substantially change the character of the neighborhood, will not have an undue adverse effect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services such as drainage facilities, public utilities, and those services pertaining to public health, safety, and welfare in general. Findings The proposed limited service restaurant with 2 drive-through lanes will not have an adverse impact upon or change the character of the neighborhood provided that no deliveries to McDonald’s be made between the hours of midnight and 7:00 a.m., that the hours of the operation of the drive-through lanes be limited to 4:30 a.m. to midnight, and that customers continue to be reminded to respect the adjacent residential neighborhood by turning down their radios while in the drive-through lanes. 3 Consideration The proposed building(s) or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Findings The proposed limited service restaurant with 2 drive-through lanes will have no impact upon the development and use of neighboring property. #435004 v1 Staff Report – 2013-27P: Special Use Permit: 4830 Dempster Street 8 of 9 4 Consideration The proposed use will not alter or be contrary to the primary purpose of the zoning district of the area in which it is proposed, when its effect is considered in conjunction with the cumulative effect of the number of various special uses of all types already in the adjacent area and in the Village as a whole. Findings The proposed limited service restaurant with 2 drive-through lanes is not contrary to the primary purpose of the B2 Commercial district. 5 Consideration The proposed use and its plan conform to the general intent of the Official Comprehensive Plan. Findings While the site is designated as pedestrian oriented mix in the Comprehensive Plan, the limited-service restaurant was constructed prior to that designation. Efforts are being made, however, to make the site more pedestrian and bicycle friendly by adding a connecting walkway from Dempster Street to the entrance of the business and providing a bike rack. #435004 v1 Staff Report – 2013-27P: Special Use Permit: 4830 Dempster Street 9 of 9 North along Niles Center Drive McDonald’s Dempster Frontage Drive-thru PlayPlace Drive-thru Entrance Drive-thru Equipment Fence and Wall along northern property line