Community Development Department Council Chambers, 7:30 PM, June 7, 2018

STAFF REPORT 2018-19P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, June 7, 2018 To: From: Re: Paul Luke, Plan Commission Chairperson Carrie Haberstich, AICP, Planner/CDBG Administrator 2018-19P: Special Use Permit 9319 Skokie Boulevard Related Cases 2018-17P: Subdivision 2018-18P: Site Plan Approval 2018-19P: Special Use Permit limited service restaurant with drive-through General Information Location Purpose Petitioner Size of Site Existing Zoning & Land Use Adjacent Zoning & Land Use Comprehensive Plan 9319 Skokie Boulevard To request a special use permit for a limited service restaurant with a drive-through in a B3 Business zoning district, relief from 82-27(c)(1)b.2., 82-27(c)(2), and 82-27(d)(1) of the Skokie Village Code to allow a wall sign facing a parking lot without a business entrance or display window on the same (north) façade, a second wall sign on the same (west) façade, and a second ground sign, respectively, and any relief that may be discovered during the review of this case. Riteline Properties, LLC, on behalf of GW Skokie, LLC, as contract purchaser 17,369 square feet (0.399-acre) with frontage on Skokie Boulevard and Gross Point Road B3 Business automotive fuel station, automotive repair facility North South East West B3 Business electronics and appliances sales or service, vacant commercial R1 Single-Family elementary school R1 Single-Family elementary school B2 Commercial limited service restaurant, full service restaurant, clinic, clothing store, stationery store, postal service, motor vehicle parts and accessories store The site is designated as retail/service employment. 1 of 7

SITE INFORMATION See case 2018-18P for site and Complete Streets information. PETITIONER S SUBMITTAL The proposed special use of a Wendy s Restaurant with a Drive Thru as part of our overall development site plan will complement the surrounding retail, residential and business cotenancy in the nearby area. A drive thru as part of a new project will be the catalyst to a successful project. The drive thru is a logical part of the project given its proximity to other similar buildings in the immediate area. This project will tie into the overall comprehensive development plan of the Village by combining two smaller sites into one cohesive project with cross parking and access between the sites. We will be having our existing multi-tenant retail building and the new Wendy s on the hard corner per the site plan. The proposed drive thru will be designed in accordance with other village standards for a drive thru and will include adequate car stacking, landscaping buffer and other requirements for a drive thru facility. The site plan with a drive thru will improve traffic circulation by eliminating two curb cuts on Skokie Boulevard and Gross Point Road. The project will not impact the public facilities and services affecting the property and will not add to the necessary services currently provided for on the property. Property values in the area, while already steady should be enhanced by the repositioning of the existing retail building and creation of a new Wendy s Restaurant[.] The redevelopment of this corner into a Wendy s and incorporation into the retail property to the north will complete the long term vision of seeing this intersection redeveloped alongside the recently completed project with Chick Fil A, Bank of America and AAA. STAFF ANALYSIS Staff Comment and Review requests were sent to all pertinent departments and were received from Environmental Health, the Fire Prevention Bureau, Engineering, and Planning. All other departments returned the requests with no comments regarding the subject case. Comments related to the overall development are included in site plan approval case 2018-18P, and comments that specifically impact this special use permit case include: Environmental Health Provide trash receptacle at drive-through area. Fire Prevention Bureau This occupancy must have: 1. Fire alarm. 2. Direct connect / monitoring of alarm to Skokie Dispatch. 3. Addressable annunciator panel at the main entrance. 2 of 7

4. Knox box at the main entrance. 5. Must be sprinklered if seating is for 50 or more patrons. 6. If sprinklered, FDC must be within 100' of a Village fire hydrant. 7. If sprinklered, a fire engineer will have to calculate the demand to see if the building will require a fire pump. 8. Illuminated exits. 9. Strobes in the restrooms. 10. Hood and Duct suppression system in the kitchen. 11. Proper portable extinguishers mounted. 12. Emergency lighting. Engineering Traffic Based on the site plan, vehicle storage space for the restaurant with drive-through window is 10 within the drive-through lane. The Traffic Impact report included a drive-through queuing (stacking) analysis in which a survey was conducted at similar Wendy's in the Chicagoland area with drive-through facilities, the maximum stacking did not exceed 10 vehicles, with typical peak hour queues were reported to be 3-5 vehicles. As proposed, staff agrees with the report that the drive-through storage is adequate to accommodate the anticipated vehicle queue length. Summary from case 2018-18P as items apply to this special use permit request: 1. Provide at least 1 bike parking space near the Wendy s entrance. 2. Per the Traffic Impact and Parking Study: a. Deliveries should occur during the off-peak hours. b. Do Not Enter signs should be posted at the one-way drive aisle. c. Stop sign and stop bar and Stop sign should be installed at the drivethrough exit lane d. Provide wayfinding signage on-site to direct traffic to the drivethrough, especially from the Gross Point Road access, and at the drivethrough exit, to direct traffic toward the site exits. e. Provide a change in pavement materials or color between the drivethrough lane and the parking/drive-aisle, along with pavement markings as appropriate. 3 of 7

Planning A limited service restaurant with a drive-through is allowed with a special use permit in the B3 Business district. Site plan approval-related items were addressed in case 2018-18P. The Wendy s property is across the street from residentially-zoned property with an elementary school use on Gross Point Road. A minimum of 1 bicycle rack must be provided within 40 of the Wendy s customer entrance. Although only 1 bicycle parking space must be provided, the petitioner is encouraged to provide 2 spaces, as 1 rack accommodates 2 bicycles. Staff appreciates the inclusion of pedestrians and bicyclists in the Traffic Impact and Parking Study. Per the site plan, the drive-through queue has the capacity to accommodate 10 vehicles. The anticipated maximum peak demand is 10 vehicles. Recommendations and conclusions not previously mentioned in this report in the Engineering comments include informing employees to park in the spaces closest to the Skokie Boulevard and Gross Point Road access drives. Measures shall be taken to ensure any on-site parking or drive-through circulation does not spill out onto the public right-of-way. In addition, measures shall be taken to ensure environmental issues are addressed with the proper approvals and procedures, including the removal of the underground gas tanks. APPEARANCE COMMISSION At its April 11, 2018, meeting, the Appearance Commission approved the proposed Wendy s development, (case 2018-014A), subject to conditions: 1. Elevation 01: logo and Wendy s lettering to be 36 maximum in height (each), and lower from top of parapet by 10% of overall red wall height. 2. Elevation 02: logo to the left of Wendy s lettering, horizontal orientation. 3. Elevation 05: Wendy s lettering only, 36 maximum lettering height, lower 10% from top of parapet by 10% of overall brown wall height. 4. Elevation 05: allow a second Quality sign in the alcove area. 5. Elevation 06: sign next to [north of] storefront and high enough to be above drive-through traffic. 6. Ground sign to be 50 square feet maximum in area. 7. Rooftop screening to be provided if HVAC can be seen from ground level. 8. Walk-in cooler to be clad in wood cedar EPC762F 9. Interior roof access ladder preferred, with alternate of providing a panel/door to create a continuous parapet wall. 4 of 7

STAFF RECOMMENDATIONS Staff recommends that the petitioner s request for a special use permit for a limited service restaurant with a drive-through at 9319 Skokie Boulevard in a B3 Business district be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended subdivision conditions in case 2018-17P, the site plan approval conditions in case 2018-18P, and the conditions below. Staff further recommends that relief be granted from 82-27(c)(1)b.2., 82-27(c)(2), and 82-27(d)(1) of the Skokie Village Code to allow a wall sign facing a parking lot without a business entrance or display window on the same (north) façade, a second wall sign on the same (west) façade, and a second ground sign, respectively. RECOMMENDED SPECIAL USE PERMIT CONDITIONS In addition to the conditions of cases 2018-17P and 2018-18P, the following conditions shall apply to limited service restaurant with a drive-through: Site and Use 1. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plans dated <insert date of final approved plan>, landscape plans dated <insert date of final approved plan>, sign plans dated <insert date of final approved plan>, and building elevations dated <insert date of final approved plan>. (Standard) 2. Any outdoor sound systems shall at all times maintain audio levels that are compliant with the Skokie Village Code. (Standard) Maintenance 3. Trash shall only be allowed within a designated trash enclosure and shall be screened from public view in an enclosure approved by the Appearance Commission. All trash shall be contained in such a way as to remain out of sight at all times, except for waste receptacles referenced in Condition Number <insert condition number> below. (Standard) 4. 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, including 1 waste receptacle in the drive-through area and 1 at the store entrance. 5. 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. 5 of 7

Parking 6. The owner of the Subject Property and its tenant shall ensure that employees park on the Subject Property, with priority given to the 2 parking spaces closest to the Skokie Boulevard driveway and the 6 parking spaces closest to the Gross Point Road driveway. Governance 7. All signage shall conform to the Skokie Village Code, except as provided in this ordinance. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit. (Standard) 8. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 9. 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. The petitioner shall pay all costs related to any hearings conducted as a result of noncompliance 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. (Standard) Drive-through 10. 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. (Standard) 11. A drive-through facility shall have at least one litter/refuse disposal container at its exit at a location determined by the Health Department. (Standard) ATTACHMENTS 1. Proposed Positive Findings of Fact 2. Site Plan, dated March 21, 2018 3. Floor Plan, dated March 19, 2018 4. Elevations, dated May 9, 2018 5. Land Use and Zoning Map 6 of 7

Proposed Positive Findings of Fact 2018-19P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, June 7, 2018 Consideration The request is consistent with the intent of the Comprehensive Plan. The request will not adversely affect adjacent properties. The request is compatible with the existing or allowable uses of adjacent properties. The request demonstrates that adequate public facilities, including roads, drainage, utilities, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed. The request demonstrates adequate provision for maintenance and use of the associated structures. The request has considered and, to the degree possible, addressed the adverse effects on the natural environment. The request will not create undue traffic congestion. The request will not adversely affect public health, safety, and welfare. The request conforms to all applicable provisions of this code, except where relief is granted with the request. Finding The site is designated as retail/service employment in the Comprehensive Plan, and the proposed use is consistent with this designation. The request is not expected to adversely affect adjacent properties, as the site plan incorporates an existing development to the north, reduces the number of driveways from 6 to 2, and provides a new building at the intersection of Skokie Boulevard and Gross Point Road. The request is compatible with the existing or allowable uses of adjacent properties. Adequate public facilities, including roads, drainage, utilities, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed. The request demonstrates adequate provision for maintenance and use of the associated structures. The request has considered and is expected to address any adverse effects on the natural environment. Per the traffic impact analysis, the use is not expected to create undue traffic congestion, as drive-through queuing will be on-site. The request will not adversely affect public health, safety, and welfare. The request conforms to all applicable provisions of this code, except where relief is granted with the request. 7 of 7

WINDOW PICK-UP SKOKIE BLVD 2'-0" DEDICATED EASEMENT TO THE VILLAGE OF SKOKIE FOR STREET LIGHTING RELOCATION EXISTING PEDESTRIAN WALKWAY 08 EXISTING RETAIL (1 STORY) SPRINT SPACE B 02 BIKE RACK LANDSCAPE BUFFER 14 PEDESTRIAN WALK 03 GROSS POINT RD 01 11 05 01 EXISTING PEDESTRIAN WALKWAY PARKING SPACES : 43 + 2 H.A. = 45 SITE PLAN ST1 SITE PLAN SITE PLAN STUDY 9323 SKOKIE BLVD SKOKIE, ILLINOIS D E S I G N S T U D I O 24, LLC.

PLAN / ELEVATION - NOT APPROVED, REVISE AND RESUBMIT TO - Wendy's Engineering Matt Womeldorf, Senior Designer 03/20/2018 1. Review comments / mark-ups and revise accordingly. 2. Review and include ALL applicable DESIGN BULLETINS (download from WenTrack) and update the CD set if currently in production or in permitting phase. 3. Ensure all ADA compliance is met for scope of remodel, particularly in restrooms. 4. Ensure Patio Plan is added (any Corporate Plus, New Build, or Flagship remodel locations). Patio is required for Franchisee New Builds and Remodel Flagship. Patio is optional for Franchisee Base Designs. Wendy's ADA Disclaimer The Wendy's Company expressly disclaims any representation, warranty or assurance that any information contained herein is intended to ensure that any facility designed, built, altered, or maintained based on this document will be in compliance with Title III of the Americans with Disabilities Act (ADA). Any user of this document must engage their own architect, designer, accessibility consultant and/or legal counsel in order to ensure that any facility that is designed, built, altered or maintained, is in compliance with the requirements of the ADA. ensure ADA requirements are met in restrooms AND elsewhere W-table no frieplace, only TV non-standard configuration for walk-in seven dry storage racks (standard +1) PLEASE REVISE AND SUBMIT THIS PLAN AND EXTERIOR ELEVATIONS FOR APPROVAL PRIOR TO PROCEEDING EXIT ONLY, no exterior handle 9301 SKOKIE BOULEVARD SKOKIE, ILLINOIS CONCEPTUAL PLAN DESIGNER: MATT WOMELDORF CONCEPTUAL LAYOUT - NOT FOR CONSTRUCTION FINAL EQUIPMENT DRAWINGS MUST BE REVIEWED AND APPROVED BY THE WENDY'S COMPANY PRIOR TO PROCEEDING WITH DESIGN/WORKING DRAWINGS VERIFY EXISTING CONDITIONS - PLAN LAYOUT MAY NEED TO BE ADJUSTED ACCORDING TO ACTUAL BUILDING CONDITIONS 03/19/2018 SKP01.1