Plan Commission — Skokie, IL
Date: 2013-09-12

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 Case withdrawn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.




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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.




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 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.


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 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.




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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


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 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.


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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




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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.




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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.




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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