Submitted By
Tammie Grossman, Development Customer Services Director
Reviewed By
LKs
Agenda Item Title
Title
A Motion to Refer to the Zoning Board of Appeals for Public Hearing an Application for a Special Use Permit to Operate a Restaurant (Taco Bell) with a Drive-Through Facility and for Allowances from the MS Madison Street District Requirements Pertaining to Build-to-Lines and the Location of Off-Street Parking at the Property Located at 500 South Lyman Avenue as Required by Section 2.2.3 (C) of the Zoning Code
End
Overview
Overview
This is a completed application for which the Village Board is required to refer for public hearing pursuant to the mandatory language in Section 2.2.3 (C) of the Zoning Code. This application is for a special use to operate a restaurant with a drive-through facility in the MS Madison Street District at 500 Sourth Lyman Avenue.
Body
Staff Recommendation
Refer this special use permit application and the associated allowances to the Zoning Board of Appeals for the purpose of holding a public hearing thereon pursuant to Section 2.2.5 of the Zoning Ordinance.
Fiscal Impact
The cost of the public notice.
Background
This restaurant (Taco Bell) will be approximately 2,053 square feet in size with a capacity for approximately 42 seats. Access to and from the proposed restaurant’s 17-stall parking lot and drive through will be via Madison Street with the flow of traffic being counter clockwise around the restaurant exiting onto Madison Street. The proposal will also feature a seven foot wide landscape buffer along the south property line (abutting the single family residence) and a five foot wide landscape area along the west property line (Lyman Avenue), Also they will install a three foot tall concrete wall with solid wood fencing above along the south property line (incorporated with the seven foot wide landscape buffer) and east property line (abutting the alley).
The subject property, located at the southeast corner of Lyman Avenue and Madison Street, is under contract with the Bell American Group, LLC. They are requesting a special use permit for a drive-through facility pursuant to Section 3.9.6 (C) (2) of the Zoning Ordinance, which requires a special use permit to allow a drive-through facility on Madison Street. Section 2.2.3 D of the Zoning Ordinance list the standards, by which the Applicant must provide to the appointed review body (e. g., Zoning Board of Appeals) proof they can meet in order for the special use to be granted. These standards are those that the appointed review body must agree with in order for the review body to send a positive recommendation to the Village Board. Below are the aforementioned standards;
1. The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community;
2. The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare;
3. The proposed building 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;
4. The proposed building or use complies with the more specific standards and criteria established for the particular building or use in question by Sections 2.2.7 (Planned Development Procedures) and 4.5 (Special Uses) of this Zoning Ordinance;
5. The proposed building or use has been considered in relation to the goals and objectives of the Comprehensive Plan or the Village of Oak Park; and
6. There shall be reasonable assurance that the proposed buildings or use will be completed and maintained in a timely manner, if authorized.
Madison Street District zoning requirements: In addition to the special use request, the applicant seeks an allowance (a.k.a. companion variance) from the following zoning sections for the MS Madison Street District pursuant to the special use permit:
1. Section 3.9.6 (D) Table D-1: MS Madison District Dimensional Standards, requires a primary non-residential structure be built within 0-15 feet (a “Build-to Line”) of the west property line along Lyman Avenue; whereas the proposal is to construct a Taco Bell restaurant facility beyond the upper limit of the required 0-15 foot Build-to Line at approximatey 58 feet from the west property line in order to accommodate the parking lot and drive aisle.
2. Section 3.9.6 (F) (4), which section requires that ancillary parking to a principal use of the lot shall be located to the rear of the principal structure and shall not be located along (abutting) Madison Street; whereas the proposal is for the parking lot to be located along (abutting) Madison Street.
Note: Relief from the applicable MS Madison District regulation can be included within the special use permit application and fall under the same aforementioned special use standards.
Alternatives
The Village Board may refer this application to any appointed or elected commission or committee, including but not limited to the Plan Commission, for the purpose of holding a public hearing thereon pursuant to Section 2.2.5 of the Zoning Ordinance.
Previous Board Action
N/A.
Citizen Advisory Commission Action
N/A.
Anticipated Future Actions/Commitments
The Zoning Board of Appeals, following the hearing, shall transmit to the Village Board a written report of its findings as to compliance of the proposed special use with the standards listed in Section 2.2.3 (D) (Standards) and giving its recommendations.
Intergovernmental Cooperation Opportunities
Zoning and land use matters are unique to Village government within the corporate limits of Oak Park and therefore, intergovernmental cooperation opportunities do not exist.
Performance Management (MAP) Alignment
A Governance Priority established for the Development Customer Services Department is Land Use Regulations.