Legislation Details

File #: ORD 26-166    Name:
Type: Ordinance Status: Consent Agenda
In control: President and Board of Trustees
On agenda: 9/29/2026 Final action:
Title: Concur with the Zoning Board of Appeals and Adopt an Ordinance Granting a Special Use Permit to Operate a Drive-Through Facility at 44 Madison Street.
Attachments: 1. Staff Report, 2. Application, 3. ORDINANCE.pdf, 4. Findings of Fact - 44 Madison St. -Drive-thru-Final.pdf
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Title

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Concur with the Zoning Board of Appeals and Adopt an Ordinance Granting a Special Use Permit to Operate a Drive-Through Facility at 44 Madison Street.                                                         

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Introduction

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The Petitioner, U.S. Bank, seeks a special use permit to operate a double drive-through facility associated with a proposed financial institution at 44 Madison Street.                                           

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Recommended Action

Adopt the Ordinance.

Prior Board Action

There is no prior Board action associated with this item.

Background

The Subject Property is comprised of seven parcels under common ownership that function as a single zoning lot. The property is located at the northwest corner of the intersection of Madison Street and South Humphrey Avenue, with a public alley to the north. It is improved with an existing building and a surface parking lot, with access via the alley and S Humphrey Avenue. The building was most recently used for a school but is currently vacant.

The Petitioner, U.S. Bank, proposes to utilize the existing building as a full-service financial institution. While minimal changes to the building are proposed, the change of use would involve several site improvements, including changes to the parking layout, the addition of landscape islands, ATMs, and two drive-through service lanes. Vehicle ingress/egress to the property would remain on S Humphrey Avenue, and drive-through users would exit the property via the alley, with the exit configured to direct vehicles to only turn right into the alley.

A Financial Institution is a permitted use in the MS district. However, the addition of a drive-through facility, including the ATMs, requires a special use permit.

On August 4, 2026, the Project Review Team (PRT) reviewed the proposal. The PRT consists of representatives from various departments and divisions within the Village government.

On August 12, 2026, a legal notice was published in The Wednesday Journal.

On September 2, 2026, the Zoning Board of Appeals held a public hearing on the special use petition for a double drive-through facility.  The Zoning Board of Appeals also heard a Zoning Ordinance variance request regarding the lack of a second bailout lane for one of the two drive-through lanes.

Timing Considerations

The Village Board must act on the application within 60 days of receipt of the Zoning Board of Appeals’ recommendation. If the Village Board does not act upon the application within 60 days of receipt, the application is deemed denied. Approval of this item will allow U.S. Bank to continue its intended schedule to occupy the vacant building and provide convenient drive-through facilities to the public at 44 Madison Street.

Financial Impact

The cost of legal notice was $182 from the Planning & Urban Design Division budget, legal posting account 1001.46202.101.550652.

Operations Impact

Approximately ten (10) hours of staff time have been put toward this item. Managing special use permit applications is a standard operating function of the Planning & Urban Design Division within the Development Services Department.

DEI Impact

There is no DEI impact associated with this item.

Community Input

The Zoning Board of Appeals held a public hearing on September 2, 2026. No one spoke in opposition to the Petition. Two people spoke at the hearing. John McIlwain, Executive Director of OPRF Infant Welfare Society, spoke in favor of the application. Deborah Berry, a resident/neighbor, asked questions about the bail-out lanes and noise. The applicant team answered her questions, and Ms. Berry did not voice opposition to the Petition.

The Zoning Board of Appeals finds that allowing the operation of the drive-through facility as a special use permit is consistent with the Village’s Comprehensive Plan and is consistent with the spirit and intent of the Zoning Ordinance. The Zoning Board of Appeals recommends to the Village President and Board of Trustees that the special use be approved by a 5-0 vote.

On September 2, 2026, the Zoning Board of Appeals granted a variance to the Petitioner allowing one of the two proposed drive-through lanes to operate without the required bailout lane.  

Staff Recommendation

Staff Recommends approving the Ordinance.

Advantages:

•                     Drive-through facilities provide customer convenience by allowing banking transactions without patrons leaving their vehicles.

•                     Alignment with the recommendation from the Zoning Board of Appeals.

Disadvantages:

•                     Idling cars in long lines release harmful carbon emissions and create loud noises that could degrade local air quality and neighborhoods.

•                     Drive-through facilities can disrupt sidewalks, making streets unsafe or difficult for pedestrians and cyclists.

 

Alternatives

Alternative 1:

The Village Board can reject the Ordinance.

Advantages:

•                     Drive-through facilities are generally not pedestrian-friendly and prioritize vehicle traffic.

Disadvantages:

•                     Misalignment with the recommendation from the Zoning Board of Appeals.

•                     This action would hinder the reuse of a vacant building in line with U.S. Bank’s proposed plan to operate a financial institution with associated drive-through facilities.

Alternative 2:

The Board can remand the Petition back to the Zoning Board of Appeals.

Advantages:

•                     This alternative would trigger more review and information from the Applicant, staff, and the public.

Disadvantages:

•                     The timing of the eventual Board action could impact the desired implementation scheduled of U.S. Bank.

Anticipated Future Actions

There are no anticipated future actions in relation to this item.

Prepared By: Mike Bruce, Planning & Urban Design Manager/Village Planner

Reviewed By: Craig Failor, Development Services Director

Approved By: Kevin J. Jackson, Village Manager

Attachment(s):

1.                     Ordinance

2.                     Findings of Facts (Attachment A)

3.                     Application

4.                     Staff Report