Title/Name/Summary
Land Development Code Amendments
History
Purpose
To amend the BIZ, LSPD, MFG, COR, ORI and Off Street Parking sections of the Land Development Code to allow drive through lanes between the building and the street as Special Uses with requirements and to clarify stacking requirements for different uses.
Sections proposed for revision
6-205.1 LSPD Large Scale Planned Development
6-207 BIZ General Business District
6-208 MFG Manufacturing District
6-210 COR Mixed Use District
6-211 ORI Mixed Use District
6-306 Off Street Parking and Loading Requirements
ATTACHMENTS
EXHIBIT A - Proposed Amendments to drive through lane requirements and stacking requirements.
POWERPOINT SLIDES - Document that illustrates a number of existing drive through lane situations in the Village.
DISCUSSION
HOW TO READ THE CODE CHANGES
The changes to the LSPD, BIZ, MFG, COR and ORI districts are written on the attached page with the existing code text listed before the proposed code text. The Land Development Code amendments to the Off Street Parking and Loading Requirements section are made in the existing text of the Code. New amended text is in red.
STACKING REQUIREMENTS
Stacking requirements for drive through lanes are currently listed in multiple sections of the Code that sometimes conflict with each other. For example, the COR District highlights Drive-in service windows as a Special Use as long as they have at least five(5) stacking spaces per four (4) or more windows, or if fewer than four (4) windows, at least seven (7) stacking spaces. However, the Off Street Parking and Loading Section of the Code lists the stacking requirements for financial institutions as three (3) stacking spaces per window. This Code revision moves all stacking requirements to the Off Street Parking and Loading section. Doing so allows the regulation of stacking spaces by land use, which is more effective and realistic than an overall requirement.
DRIVE THROUGH LANES (Uses Not Permitted in Building Setbacks along Streets)
In 2005, the Village amended the Land Development Code to regulate permitted and non-permitted uses in setbacks between the building and the street. The general purpose behind these Code changes was to line Village streets with attractive architecture instead of large parking lots. Evidence of Code success can be seen in the Lowe’s subdivision on LaGrange Road and the Panera on Harlem Avenue.
Over the past four years, some drive through lanes have posed challenges in complying with the Land Development Code. The Land Development Code was even revised to allow drive through lanes between the building and the street as a Variance only, and only when specific conditions were met. By law, variances require the petitioner to demonstrate a property related hardship. Although some land uses, like banks and select fast food restaurants, can comply with the setback requirements other land uses have not demonstrated that ability. Specifically, pharmacies like Walgreens and CVS often require either surface parking or the drive through lane between the building and the street. Additionally, sometimes the property width does not provide enough land to construct a safe drive through that does not inhibit pedestrian and vehicular safety. Shared drive through lanes, like the one approved in the Wolf Point Plaza project, offer the ability to maximize efficiency with pavement, but often require the drive through lane to be located between the building and the street. The attached document includes a range of different drive through alignments currently constructed or approved in the Village.
The proposed Code amendment replaces the Variance requirement for a drive through between the building and the street with a Special Use Modification requirement. All drive through lanes require a Special Use, but a Modification to a Special Use often includes a more intense level of review and indicates a deviation from the Code. The extra conditions attached to the Modification requirements allow for stronger design control. Positioning drive through lanes in the building setback is still strongly discouraged and will be supported only when there are no other alternatives. The Village will also be preparing a Design Guideline handout that will provide illustrations and examples of drive through lane layouts and designs that meet Code requirements.
PLAN COMMISSION:
On November 10, 2009, by a vote of 7-0, the Plan Commission moved to recommend to the Village Board of Trustees approval of the proposed amendments to the Land Development Code Sections 6-205.1 LSPD Large Scale Planned Development, 6-207 BIZ General Business District, 6-208 MFG Manufacturing District, 6-210 COR Mixed Use District, 6-211 ORI Mixed Use District, and 6-306 Off Street Parking and Loading Requirements as written in the attached Exhibit “A”.
DEVELOPMENT SERVICES AND PLANNING COMMITTEE:
On November 23, 2009, by a vote of 3-0, the Development Services and Planning Commitee moved to recommend to the Village Board of Trustees approval of the proposed amendments to the Land Development Code Sections 6-205.1 LSPD Large Scale Planned Development, 6-207 BIZ General Business District, 6-208 MFG Manufacturing District, 6-210 COR Mixed Use District, 6-211 ORI Mixed Use District, and 6-306 Off Street Parking and Loading Requirements as written in the attached Exhibit “A”.
This is now before the Village Board for consideration.
Recommended Action/Motion
I move to approve the proposed amendments to the Land Development Code Sections 6-205.1 LSPD Large Scale Planned Development, 6-207 BIZ General Business District, 6-208 MFG Manufacturing District, 6-210 COR Mixed Use District, 6-211 ORI Mixed Use District, and 6-306 Off Street Parking and Loading Requirements as written in the attached Exhibit “A”.