Community Development Department

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1 Community Development Department SUBJECT: Second Consideration of an Ordinance for Conditional Use, Final Site Plan eview, and Preliminary Subdivision for Culver's Drive-thru estaurant at Waukegan oad AGENDA ITEM: 0.a MEETING DATE: September, 07 TO: Village President and Board of Trustees FOM: Jeff Brady, Director of Planning, (87) THOUGH: Matthew J. Formica, Village Manager CASE # : P07-0 LOCATION: POJECT NAME: Waukegan oad Culver s Drive-Thru ACTION EQUESTED: Staff requests final consideration by the Village Board of a Plan Commission recommendation for approval of a Conditional Use permit and Final Site Plan eview Ordinance to allow the construction and subsequent operation of a drive-thru restaurant upon the subject property. VILLAGE BOAD - FIST EADING ESULTS: On August, 07, the Village Board reviewed the recommendation for approval forwarded by the Plan Commission and additional information forwarded by the Appearance Commission. During this review, the Board of Trustees heard comments from several neighbors regarding the proposal. The Village Board chose to accept the recommendation of the Plan Commission, including the applicable hours and site plan modifications, but modified the portions of the draft ordinance relating to fence requirements. The Board of Trustees approved the project on a - voice vote. The Village Board removed the requirement to install sound attenuating material in the fence and also removed the requirement that the applicant seek fence heights above the maximum fence height permitted per ordinance of 8.0 feet. Several members of the Board encouraged the applicant to pursue a zoning variation for a fence taller than the maximum height of 8.0 feet. The attached draft ordinance includes the appropriate modifications to reflect the revised conditions of approval. COMMISSION DISCUSSION: Plan Commission May, 07:

2 The Plan Commission recommended approval of the requests for Conditional Use and Final Site Plan approval by a -0 vote following public testimony and discussion which centered on the issues relating the overall site changes, hours of operation and fencing adjacent to the residential properties to the east. The Plan Commission amended the previous condition regarding fencing to add that the applicant seek a zoning variation from the Zoning Board of Appeals for the installation of a solid wood board-on-board shadowbox style privacy fence at a minimum height of 9.0 feet with sound attenuating material along the east and southeast lot lines provided, however that a taller fence with sound attenuating material be installed at a height to match existing fencing in the area east of the existing Taco Bell restaurant, all provided that no fencing shall be less than 8.0 feet in height. The applicant agreed to all conditions discussed by the Plan Commission. Appearance Commission May, 07: Following a summary from staff and public comments regarding the proposed fencing, the Appearance Commission recommended approval of an alternate fence style than the style suggested by the Plan Commission. The Appearance Commission reviewed exhibits depicting the appearance of the proposed solid wood board-on-board shadowbox style privacy fence and noted that portions of the sound attenuation system would be visible from both sides of the fence. The Appearance Commission provided a recommendation that the Board of Trustees and Zoning Board of Appeals direct the applicant to install a solid wood board-and-batten style fence. To accommodate the Plan Commission s recommendation should that fence style be preferred, the Appearance Commission provided an alternate recommendation to allow the solid wood board-on-board shadowbox style privacy fence and sound attenuation system provided that the shadowbox fence include a top rail to improve the look of the finished fence.

3 P07-0 Conditional Use, Final Site Plan eview, and Preliminary Subdivision Approval for Culver s Drive-thru at Waukegan oad 09/0/7 ODINANCE NO. AN ODINANCE GANTING CONDITIONAL USE, FINAL SITE PLAN EVIEW, AND PELIMINAY SUBDIVISION APPOVAL WHEEAS, the Village of Glenview (the Village ) is a home rule municipality in accordance with the Constitution of the State of Illinois of 970; WHEEAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the public health, safety and welfare of its citizens; WHEEAS, the applicants, Dannie Thomas and EHS, LLC, are requesting a Conditional Use and Final Site Plan eview Ordinance to allow the construction of a drive-thru restaurant at Waukegan oad (the Subject Property ); WHEEAS, a notice of public hearing concerning the question of granting a conditional use was duly published on July 6, 07 in the Glenview Lantern, a newspaper of general circulation in the Village, in accordance with the Glenview Municipal Code (the Code ); WHEEAS, a public hearing was held by the Plan Commission pursuant to the requirements of Chapter 98- of the Code and consideration of a petition for conditional use permit pursuant to the standards of Chapters 98-0 and 98-8 of the Code was conducted on July, 07 at the hour of 7:00 P.M., pursuant to the provisions of the aforesaid published notice, and all persons who desired to be heard were heard, including an opportunity given to all persons who desired to make objections thereto, and subsequently a recommendation was forwarded to the Glenview Board of Trustees; WHEEAS, a Final Site Plan eview for the Subject Property, pursuant to the criteria of Chapter, Article IV of the Code, was conducted by the Plan Commission on July, 07 at the hour of 7:00 P.M. and a recommendation was forwarded to the Glenview Board of Trustees; and WHEEAS, the corporate authorities, having considered the recommendation of the Plan Commission, find it in the public interest to grant such conditional use, final site plan review, and preliminary subdivision approval and that the approval of the development will promote the public health, safety and welfare of the Village and its residents. NOW, THEEFOE, BE IT ODAINED by the President and Board of Trustees of the Village of Glenview, Cook County, Illinois, as follows:

4 Section : The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section : The conditional use as described in Section below is hereby granted to the property commonly known 77 Waukegan oad, and legally described as: LOT IN GLENWOOD SUBDIVISION, BEING A PAT OF THE SOUTHEAST QUATE OF SECTION 6, TOWNSHIP NOTH, ANGE, EAST OF THE THID PINCIPAL MEIDIAN, AND THAT PAT OF THE NOTH HALF OF THE SOUTHEAST QUATE OF SECTION 6, TOWNSHIP NOTH, ANGE, EAST OF THE THID PINCIPAL MEIDIAN, DESCIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTE OF WAUKEGAN OAD THAT IS 96.9 FEET SOUTH OF (AS MEASUED AT IGHT ANGLES TO) THE EAST AND WEST CENTE LINE OF SAID SECTION 6; THENCE UNNING EAST ON A LINE FOMING AN ANGLE OF 87 DEGEES MINUTES (MEASUED FOM THE NOTH TO EAST) WITH THE CENTE LINE OF WAUKEGAN OAD, A DISTANCE OF 0.0 FEET TO THE EAST LINE OF WAUKEGAN OAD AND THE POINT OF BEGINNING OF THE HEEIN DESCIBED PACEL; THENCE NOTH ALONG THE EAST LINE AND PAALLEL WITH THE CENTE LINE OF WAUKEGAN OAD, A DISTANCE OF.09 FEET TO A POINT; THENCE EAST ON A LINE FOMING AN ANGLE OF 9 DEGEES 06 MINUTES (MEASUED FOM SOUTH TO EAST) A DISTANCE OF 90.6 FEET TO A POINT ON THE WEST LINE OF LOCKMAN S SUBDIVISION; THENCE SOUTH AT IGHT ANGLES TO THE LAST DESCIBED LINE AND ALONG THE WEST LINE OF LOCKMAN S SUBDIVISION, A DISTANCE OF 0.00 FEET TO A POINT; THENCE WEST AT IGHT ANGLES TO THE LAST DESCIBED LINE, A DISTANCE OF 6.00 FEET TO THE EAST LINE OF WAUKEGAN OAD AND THE POINT OF BEGINNING OF THE THEEIN DESCIBED PACEL; ALL IN COOK COUNTY, ILLINOIS. Section : Conditional Use approval in accordance with the provisions of Chapter 98, Article III, Section 98-(d) and Article II, Section 98-0(a)() of the Code to allow a dine-in and carry-out food and beverage establishment with a drive-through window offering service to patrons in vehicles, a B- General Service District Use in a B- General Business District, to occupy a tenant space upon the subject property, subject to the following conditions: A. The use shall be permitted in accordance with the Site Plan prepared by SpaceCo, Inc. and dated June, 07. B. If a different use proposes occupancy of the site in the future, the owner/operator of that use shall provide proof that the traffic and use characteristics of the new use are substantially compliant with the conditions described in the traffic impact studies by KLOA and dated 0//06, 06/7/06, 06//06 and 07/0/06. C. The drive thru hours of operation shall be from 0 a.m. to 0 p.m. from Sunday through Wednesday and 0 a.m. to p.m. from Thursday through Saturday. D. The restaurant hours of operation shall be from 0 a.m. to 0 p.m. from Sunday through Wednesday and 0 a.m. to p.m. from Thursday through Saturday. E. All deliveries of goods to the site will occur between the hours of 7 a.m. and 0 a.m. F. The applicant shall install and maintain an 8.0 foot tall solid board-and-batten style fence along the eastern and southeastern property lines. G. The applicant shall install a guard rail along the eastern property line adjacent to the Taco Bell restaurant site in areas where drive aisle pavement exists adjacent to proposed fencing. H. No refuse pickup shall occur between the hours of 8 p.m. and 7 a.m. and all garbage receptacles and enclosure doors shall remain closed when not being accessed. I. Applicant shall be responsible for picking up litter throughout the extents of the property at least once per day.

5 J. The subject property shall have direct access to Waukegan oad via right-in / right-out access only. K. All site lighting shall be reduced to minimum levels required for security purposes by :00 p.m. daily. L. No other outdoor operations shall be permitted except those operations otherwise expressly permitted per the Code. M. No outdoor dining shall be permitted without a corresponding increase in available parking or reduction in seating so as to comply with parking requirements of the Code. N. Subject to the requirements of paragraph F above, the applicant shall supply and maintain fencing at a minimum height of 8.0 feet along all adjacent residential properties to provide screening. O. There shall be no outdoor displays or attention-getting devices on the premises. P. The petitioner shall be in receipt of a building permit within one () year following the adoption of said ordinance, or the conditional use will lapse. Q. If the conditional use is abandoned or discontinued for more than three () months without substantial attempt to resume such use, the conditional use shall be rescinded. Section : Final Site Plan eview approval in accordance with the following documents and conditions: A. Do Not Block thermoplastic striping and signage shall be added at the southwest corner of the site at the location of the confluence of the one-way northbound drive aisle, the oneway southbound drive aisle, and the bi-directional east-west drive aisle. B. A ight-turn Only sign shall be added for northbound traffic from the Napa site crossaccess. C. At the signalized access driveway intersection at the east edge of the site north of the Taco Bell restaurant; the applicant shall install and maintain the southbound service drive approach from the adjacent shopping center under stop sign control, the northbound approach from the drive aisle serving Taco Bell and Culver s under stop control, and shall eliminate the eastbound stop sign and stop line from the signalized access driveway. D. At the signalized site access driveway north of the Taco Bell restaurant, the applicant shall install and maintain a Do Not Block Intersection sign on the westbound approach to the internal intersection with the shopping center circulation aisle to the north. E. Mountable curbing shall be added at the entrance to Taco Bell adjacent to Waukegan oad. F. The accessible parking stalls on both the Taco Bell and Culver s sites should be relocated so that no proposed parking stalls are located nearer to the proposed primary building entrances than the proposed accessible stalls. G. elocate the crosswalk across the Culver s drive-through exit and by-pass lanes to the south end of the lanes and place the stop sign and stop line north of (before) the crosswalk. H. Add pavement markings and signs to delineate the drive aisle north of the Taco Bell as oneway, westbound. I. No signage shall be located within the public sidewalk. Section : Preliminary Subdivision approval in accordance with the Site Plan prepared by SPACECO, Inc. and dated 06//07;

6 Section 6: Final Appearance Commission approval of any site lighting and landscaping is required. Alterations to the already approved architecture and signage will also require Appearance Commission approval. Section 7: To allow a period of up to twelve () months from the date of this Ordinance for the issuance of a building permit for construction of the aforementioned improvements, or the approval shall be rescinded. Section 8: Every section and provision of this Ordinance shall be separable, and the invalidity of any portion of this Ordinance shall not affect the validity of any other portion of this Ordinance. Section 9: This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of, 0. AYES: NAYS: ABSENT: APPOVED by me this day of, 0. ATTESTED and FILED in my office the day of, 0. _ James. Patterson, Jr., President of the Village of Glenview, Cook County, Illinois Matthew J. Formica, Village Clerk of the Village of Glenview, Cook County, Illinois 6

7 9' FAME SHED ' PLASTIC 6' WOOD FENCE FENCE TEES/BUSH FAME GAAGE ' CHAIN LINK FENCE ' CHAIN LINK FENCE TEES/ BUSH 7 8 7' PLASTIC FENCE ' WOOD FENCE BLOCK ETAINING.6 WALL N SCALE " = 0' EMAKS DATE NO. 7 WIES 6 ONE STOY.8.8 BICK WIE BUILDING WIE ' WOOD FENCE ' WOOD FENCE 0' WOOD FENCE.00 0' 0'.0'.0'.0' 0.00' "STOP" ' ' ' 0' GLASS/METAL.77 WIES DIVE THOUGH SPEAKE BOX WINDOW MENU BOAD '.' 0' WOOD FENCE.9. ' ' GAS METE METAL 6.60' TOTHE INTESECTION OF OVEHANG 6 WAUKEGAN OADAND CHESTNUT AVENUE ' ONE STOY CONC PAD FO.6 STUCCO BUILDING TACO BELL.68 #77 BILLBOAD "TACO BELL" WIES.7 METAL BILLBOAD ' TANS ON CONC PAD 60 WIES DIVE-THU ELEC METE ' WOOD FENCE METAL OVEHANG.6 TACO BELL DIVE-THU '.' '.00'.00' 6 WOOD GATE.00'.00' TO THE INTESECTION OF WAUKEGAN OAD AND CHESTNUT AVENUE " PAVEMENT PATCH 0.00'.00'.00'.00' 0.08'.00'.00'.00' BICK WALL ENCLOSING.7 DUMPSTE AEA.0.0 CONC BLOCK.8 "DIVE.00' '.6 THU" PLANTE 6' WOOD FENCE 8.00' "NO LEFT TUN" ' WOOD FENCE.00' 0.00'.00' MENU BOAD.00' ' WOOD SPLIT 6.0 AIL FENCE ' ' CONFIMATION BOAD 7.00' WOOD POST W/CHAIN AS GATE 6 8.0'.0' 0.00' 0.0' 7.00' 6.00' 9.9' 9.'.00'.00'.00' '.00'.7.00' 98.0' TO THE INTESECTION OF WAUKEGAN OAD AND CHESTNUT AVENUE " PAVEMENT PATCH ' '.00'.7.90 CONC FOUNDATION WALL IN DISEPAI 6.0' ' TEES/BUSH CONC FOUNDATION.6 WALL IN DISEPAI 8.00' TALL TASH ENCLOSUE CMU BLOCK W/ MANUFACTUED STONE ' '.00' 8.00' 8.00' CULVES 8.00' DIVE-THU.00'.00' 8.00' FLAG POLE 0 HWL=.80.00' 0.00'.00' ' '.00' MONUMENT SIGN U STOM GATE.00'.00' CONC FOUNDATION WALL IN DISEPAI ' STEET LIGHTING BOX (TYP).00'.00'.00' 8.00'.00' '. 7' '.00' '.00'.00'.00' 9.0' 0.00' WETLAND PLANTINGS.00'.00' WOOD POST 7.9' AT BOTTOM W/CHAIN AS GATE 6 " PAVEMENT PATCH ' METAL AWNING ' "STOP" " PAVEMENT PATCH TWO STOY BICK, METAL & STUCCO BUILDING #7 60. TEES/ 09 BUSH AILOAD TIE WALL BLOCK ETAINING WALL NOTES: LEGEND. ALL PAVEMENT MAKINGS SHALL BE PAINT. LIGHT DUTY PAVEMENT PAVEMENT TO EMAIN CONCETE PAVEMENT O APON CONCETE SIDEWALK CONCETE SIDEWALK HC AMP (' WIDE UNLESS NOTED) EVESE PITCH CUB DEPESSED CUB & GUTTE. ALL DIMENSIONS AE TO THE BACK OF CUB UNLESS OTHEWISE NOTED.. ALL CUBS AND GUTTES AE EVESED PITCH UNLESS OTHEWISE NOTED.. SEE DETAIL SHEETS FO PAVEMENT SECTION DETAILS. HEAVY DUTY PAVEMENT (EXCLUDING IDOT.O.W.) DETECTABLE WANING SUFACE. ALL ACCESSIBLE PAKING SPACE SIGNAGE SHALL CONFOM TO ILLINOIS ACCESSIBILITY CODE. 6. SEE ACHITECTUAL DAWINGS FO DESIGN AND DETAILS OF THE BUILDINGS 7. PAKING STALLS TO THE WEST OF THE EXISTING NAPA BUILDING (SOUTH OF THE SITE) NEED TO BE EMOVED PIO TO THE COSS-CONNECTION BEING INSTALLED. 8. WHEE NEW CONCETE CUB AND GUTTE O SIDEWALK CONNECTS TO EXISTING, DOWEL BAS AND EXPANSION JOINT FILLE MATEIAL AE NEEDED. SITE PLAN CULVES OF GLENVIEW NO. DATE EMAKS GLENVIEW, ILLINOIS 97 W. Higgins oad, Suite 700, osem ont, Ilinois 6008 Phone: (87) Fax: (87) ' EXISTING WATEMAIN PE GLENVIEW ATLAS IL- (WAUKEGAN OAD) STOP - 0" x 0" SIGN LEGEND: ONLY - 0" X 6" ESEVED PAKING $0 FINE VAN ACCESSIBLE " X 6" DO NOT ENTE - 0" x 0" FILENAME: 97.0_SITE PLAN.dgn DATE: 6//7 JOB NO NOTE: INDICATES SIGN MOUNTED ABOVE SIGN SHEET SITE OF N:\Projects\97\97.0\EXHIBITS\97.0_Site Plan.dgn Default User=smcgovern 7