DUNN, MARTIN & MILLER, LTD.

Attorneys at Law
MICHAEL J. MARTIN 15 WEST JEFFERSON STREET FRANCIS A. DUNN (1913-1994)
RANDAL J. MILLER SUITE 300
MICHAEL R. MARTIN JOLIET, ILLINOIS 60432
TELEPHONE (815) 726-7311
FAX (815) 726-2644
www.WillCountylaw.com

April 13, 2022

VIA EMAIL jmendel@clarendonhills.us

Jonathan Mendel
Village of Clarendon Hills
Community Development Director
1 North Prospect Avenue
Clarendon Hills, Illinois 60514

Re: Case No. Z503

Property: 401 55th Street, Clarendon Hills, IL
Request for Conditional Use for Drive-Thru Facility for a Restaurant
Applicant & Developer: Mike Kaspar/KrohVan, LLC

Dear Mr. Mendel:

Please be advised that I have been retained by The Reserve of Clarendon Hills
Homeowners Association (the “Reserve”) and Coventrey of Clarendon Hills a Condominium
Association (“Coventrey”) concerning the above-referenced conditional use application (the
“Application”). It is my understanding requested written documentation from the public be
submitted directly to you which will be included in the board packet for the upcoming Plan
Commission Meeting on April 21, 2022. Therefore, please include this correspondence in the Plan
Commission’s Packet.

As you are aware, my clients and numerous other residents in the Village have expressed
concerns that the Applicant has failed to show how the proposed conditional use for a drive-thru
lane satisfies the approval standards set forth in Section 20.14.3(E) of the Village Code (the
“Approval Standards”). This includes concerns related to the updated traffic study dated March
31, 2022 produced by the Applicant and obtained by my clients through a FOIA request. While
my clients are unsure if this traffic study has been finalized or will be the final draft presented to
the Plan Commission, I have attached Objections to Proposed Drive-Thru at 401 W 55th Street
prepared by residents of the Village, including several engineers, concerning the March 31, 2022
traffic study. In addition to the traffic and safety concerns raised in the attached Objections, as
well as the concerns about diminution of property values and the overall negative impact of
Jonathan Mendel
Case No. Z503
April 13, 2022
Page 2 of 3

allowing a drive-thru in residential area, I believe it is also important that the Village be aware of
several other factors that impact the validity of granting the requested the conditional use.

The Applicant has only submitted the Application and has not requested underlying
subdivision approval or PUD approval for the subject property. As confirmed by the attached tax
map, the underlying subject property is currently three distinct parcels, each with its own parcel
identification number. While the Village’s zoning map appears to treat the three parcels as one
parcel, development of the three parcels as one contiguous parcel will at the minimum require
subdivision approval from the Village. Based on the site plan submitted by the Applicant, it
appears that several variances and potentially special uses may be required in order to develop the
subject property in accordance with the site plan submitted, all of which require notice and public
hearings. In addition, modifications to the site plan may also be required by the Village’s
engineers, which would impact the data and evidence the conditional use being sought is relying
on. The proposed development may also require a map amendment which would trigger the
provisions of 65 ILCS 5/11-13-14 and my clients are fully prepared to file a legal objection to any
proposed map amendment requested by the Applicant. It appears the Village may be putting the
cart before the horse by considering a conditional use for a subdivision or PUD that is not
simultaneously requested or has been previously approved.

Moreover, pursuant to the Annexation Agreement dated April 19, 1982 and recorded as
Document R82-15852 with the DuPage County Recorder of Deeds (the “Annexation Agreement”),
vehicular access from the subject property onto 55th Street is strictly prohibited and the rezoning
of the north portion of the property that fronts 55th Street pursuant to the Annexation Agreement
was contingent on this restriction remaining in place. For the Plan Commission’s convenience, a
copy of the Annexation Agreement is attached hereto. While it is true that the Annexation
Agreement has expired, pursuant to 65 ILCS 5/11-15.1-2, the zoning of the land and restriction
banning access to 55th Street remains in full force and effect unless modified in accordance with
the law. As the Applicant has not sought subdivision approval, this subdivision and zoning
regulation contained in the Annexation Agreement legally prevents the Village from approving of
the conditional use unless the restriction is modified in accordance with the Village’s Zoning Code.

It also appears the Village is willing to entertain the conditional use despite no assurances
from the Applicant that the DuPage Department of Transportation approves of the entranceway
onto 55th Street as depicted on the Applicant’s site plan. In fact, upon information and belief, the
Applicant has not even submitted the proper application with the County to request access be
granted. Based on the correspondence my clients have received it appears to be a real probability
the DuPage Department of Transportation will require the installation of turning lanes and traffic
signals at Western Avenue in order to approve of the entranceway onto 55th Street. Is the Village
truly committed to incurring the costs to acquire private property to safely expand 55th Street and
the cost to install traffic signals? Without having the specific statutory authority to acquire
Jonathan Mendel
Case No. Z503
April 13, 2022
Page 3 of 3

property via “quick take” under the Illinois Eminent Domain Act, acquisition of private property
by the Village would be an extremely time consuming, costly and lengthy process.

As confirmed by the Village’s Zoning Code, the purpose of O-T Office Transitional
District is to serve as a transitional area between B-3 Highway Business District and residential
uses along arterial streets. The O-T Office Transitional District is not appropriate for high intensity
commercial uses, but rather for lower intensity uses. In creating the 55th Street Sub-Area Plan, the
Village’s specific purpose was to keep the residential character of the area and to diminish the
perceived disconnect between its inhabitants and the Village. Approving a Dunkin Donuts with a
drive-thru with an attached convenience store and a possible commercial building in the rear, in
residential area, defeats the purposes of the Village’s own Zoning Code and the 55th Street Sub-
Area Plan. The Village should be aware that in both the Reserve and the Coventrey neighborhoods,
you have numerous Village residents who feel abandoned and forgotten by the Village that appears
to be dead set on approving of the Application despite its failure to comply with the Village’s
Approval Standards.

Finally, I urge the Village to consider hosting the upcoming Plan Commission meeting
scheduled for April 21, 2022 at a venue large enough to accommodate the anticipated number of
Village residents who plan on attending. Village Hall is not a large enough venue to accommodate
the anticipated crowd of 150-200 people. Please also confirm that since this is a continued public
hearing in which the Applicant is submitting new information for the Plan Commission to consider,
the public and myself will be able to provide public comments on the Application and be afforded
the opportunity to cross examine the Applicant in accordance with the holding from People ex rel.
Klaeren v. Village of Lisle. My clients consider any attempt to hinder or not allow public
comments and the right to cross-examine the Applicant at the upcoming Plan Commission Meeting
violations of their due process rights and the Illinois Municipal Code.

We thank you, in advance, for your kind cooperation.

Very truly yours,

Michael R. Martin

MICHAEL R. MARTIN

Attachments

Cc: The Reserve of Clarendon Hills Homeowners Association

Coventrey of Clarendon Hills a Condominium Association
Village President and Board of Trustees
 OBJECTIONS TO PROPOSED DRIVE-THRU AT 401 W 55TH STREET
Prepared by Residents of Clarendon Hills
April 11, 2022
INTRODUCTION
Subsequent to the March 17, 2022 ZBA/PC Meeting, KrohVan submitted a new traffic study dated March 31, 2022.
The ZBA/PC requested that KrohVan revise the traffic study with a comparison between an approved OT zoned
development and the proposed drive-thru. The new traffic study does not include this. To accommodate the ZBA/PC
request we have used the KrohVan traffic study methodology and the ITE Trip Generation Manual (10th Edition) to
prepare the requested comparison.

CONCLUSIONS FROM TRAFFIC STUDY

Based on the March 31, 2022 KrohVan traffic study, a drive-thru is a safety hazard and fundamentally unsuitable for
this residential area. Even with the elimination of an exit on to Western, SB Western will be Level of Service (LOS) F
due to the additional traffic being directed into the development from 55 th via Western. F is the worst LOS
designation. LOS F is Traffic Congestion – Forced traffic flow in which the amount of traffic approaching a point
exceeds the amount that can be served. LOS F is characterized by stop-and-go waves, poor travel times, low
comfort and convenience, and increased accident exposure.

Current traffic volumes at Western and 55th are already bad with LOS on Western being E (AM) and F (PM). LOS E is
Traffic at Saturation - Unstable flow at or near capacity levels with poor levels of comfort and convenience. With the
drive thru, the LOS on Western will be F in both directions with a 225% increase in delays for SB (PM). Future traffic
growth in the study projects the traffic on Western will become significantly worse with time. School buses for
Hinsdale Central, Maercker, Holmes and Seton Montessori regularly travel 55th and Western with stops at 56th. With
increased congestion, delays, left turns and accidents, it is reasonable to conclude this drive-thru will significantly
increase the risks to commuters, residents, school buses and pedestrians.

LEVEL OF SERVICE REVIEW IN KROHVAN STUDY (Delays per vehicle)

EXISTING PROPOSED WITH INCREASE GROWTH 2027 WITH INCREASE
DRIVE-THRU FROM DRIVE-THRU* FROM EXISTING
EXISTING
Western AM
Peak
NB E (45.5 s/veh) F (69.5 s/veh) 53% F (302.0 s/veh) 664%
SB E (44.1 s/veh) F (69.9 s/veh) 59% F (490.0 s/veh) 1110%
Western PM
Peak
NB E (47.1 s/veh) F (82.4 s/veh) 75% F (1193.0 s/veh) 2530%
SB F (137.3 s/veh) F (308.3 s/veh) 225% F (4505.0 s/veh) 3280%
*Traffic congestion was analyzed for 2027 at a rate of 3% traffic growth each year; All data from the March 31, 2022 KrohVan Traffic Study

Summary: This drive-thru will generate hundreds of cars every day, with an eastbound-only exit on to 55th St. For
customers wanting to travel westbound the (2) obvious options are:
1. U-turn on eastbound 55th St; not safe
2. Cut through neighborhood; increased risks to residents
This issue and its impact on the neighborhood have not been addressed in the traffic study.

The study states the drive-thru will not impact traffic on 55th. However, traffic congestion on NB and SB Western in
the AM is already bad at LOS E. SB in the PM is now an LOS F. With the drive-thru, Western will be LOS F in both
directions for AM and PM with a 225% increase in delays for SB (PM) and will get drastically worse in the future.
Current delays on Western range from 0.8 to 2.3 minutes per vehicle. With the drive thru delays will range from 1.2
to 5.1 minutes per vehicle and are projected to increase to a range of 5 to 75 minutes per vehicle in 2027.

1
 OBJECTIONS TO PROPOSED DRIVE-THRU AT 401 W 55TH STREET
Prepared by Residents of Clarendon Hills
April 11, 2022
TRAFFIC VOLUMES (Peak Vehicle Trips Generated per Hour)

From KrohVan Traffic Study (With strip mall, drive-thru and small office building)
Use Trips Generated Proposed Total Trips per Hour
AM
Strip Retail Plaza 7.60 trips per 1000 sq ft 5359 sq ft 41
Coffee/Donut Shop with Drive-thru 101.27 trips per 1000 sq ft 936 sq ft 95
Small Office Building 2.61 trips per 1000 sq ft 6800 sq ft 18
TOTAL 154

PM
Strip Retail Plaza 13.24 trips per 1000 sq ft 5359 sq ft 71
Coffee/Donut Shop with Drive-thru 43.65 trips per 1000 sq ft 936 sq ft 41
Small Office Building 3.15 trips per 1000 sq ft 6800 sq ft 22
TOTAL 134

Approved Zoned Building (Replace strip mall, drive-thru with medical-dental office; approved for current zoning)
Use Trips Generated Proposed Total Trips Per Hour
AM
Medical-Dental Office 2.78 trips per 1000 sq ft 6295 sq ft 18
Small Office Building 2.61 trips per 1000 sq ft 6800 sq ft 18
TOTAL 36

PM
Medical-Dental Office 3.46 trips per 1000 sq ft 6295 sq ft 22
Small Office Building 3.15 trips per 1000 sq ft 6800 sq ft 21
TOTAL 43

Convenience Store (Replace strip mall with convenience store.)

Use Trips Generated Proposed Total Trips per Hour
AM
Convenience Store 62.54 trips per 1000 sq ft 5359 sq ft 335
Coffee/Donut Shop with Drive-thru 101.27 trips per 1000 sq ft 936 sq ft 95
Small Office Building 2.61 trips per 1000 sq ft 6800 sq ft 18
TOTAL 448

PM
Convenience Store 49.11 trips per 1000 sq ft 5359 sq ft 263
Coffee/Donut Shop with Drive-thru 43.65 trips per 1000 sq ft 936 sq ft 41
Small Office Building 3.15 trips per 1000 sq ft 6800 sq ft 22
TOTAL 326

2
 OBJECTIONS TO PROPOSED DRIVE-THRU AT 401 W 55TH STREET
Prepared by Residents of Clarendon Hills
April 11, 2022
SUMMARY COMPARISON OF TRAFFIC VOLUMES (Peak Trips Generated per Hour)
Medical-Dental Strip Retail Plaza, Coffee/Donut Convenience Store, Coffee/Donut
Building, Small Office Shop with Drive-thru, Small Shop with Drive-thru, Small Office
Building Office Building Building
AM 36 154 448
PM 43 134 326
TOTAL 79 288 774
DIFFERENCE BASE +365% +980%

Summary: The proposed coffee drive-thru with a strip mall has a traffic volume that is 365% higher than the medical
building. If the strip mall is replaced with a convenience store, the traffic volume is 980% higher than the Medical
building which is approved for the current Office Transitional (OT) zoning.

NUMBER OF LEFT TURNS (At 55th and Western from KrohVan Traffic Study)
Peak AM Increase Peak PM Increase
Existing 59 93
With Drive-thru 89 151% 131 141%
Growth 2027 With Drive-thru 105 178% 155 167%

Summary: National Highway Traffic Safety Administration states that 61% of crashes that occur while turning or
crossing an intersection involve left turns. The previous traffic study documented that during the three years before
Covid accidents at this intersection averaged 7 per year. With the increase in left turns it is reasonable to conclude
that the number of accidents would increase significantly increasing risks to commuters, residents, school buses
and pedestrians. This will require additional resources from the Village Police and Fire Departments.

What the March 31st KrohVan Traffic Study IGNORES

KrohVan’s traffic study states, “no safety impact is expected on 55th St as a result of the drive thru”.
• They fail to address ANY safety issues ON WESTERN Ave or the many school buses that turn at 55 th St.
• KrohVan also dismisses the issue of vehicles cutting through the neighborhood trying to travel westbound.
• The February 4th KrohVan traffic study stated “a traffic signal is necessary to avoid massive delays on
Western”. The March 31st traffic study eliminates the need for a traffic signal at 55th & Western.
• The March 31st traffic study eliminates the history of traffic accidents at 55th & Western (23 in 5 years)

FINAL FACTS
This proposed development
• DOES NOT comply with the definition of Office Transitional
o Jonathan Mendel misspoke at the March 17 ZBA when asked to define the difference between a
Variance and a Conditional Use. From the Village Code text 20.14.3 E “a conditional use within a
zoning district does not constitute an assurance or presumption that such conditional use will be
approved.”
• DOES NOT meet the 5 Standards for Conditional Use and
• DOES NOT comply with the Village Comprehensive Plan.

Our neighborhood streets are not designed for this increased volume of traffic. The drive-thru will make the
intersection and surrounding roads less safe for residents, commuters and pedestrians.

3
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Jean Kaczmarek 421 North

9-10D-W
N. County Farm Rd. This map created for assessment purposes only. Refer to recorded

9-15B-W
100 200
9-15A-E

9-15B-E

plats and deeds for legal descriptions and property dimensions.

Wheaton, IL 60187
9-15D-W
DuPage County Clerk 630.407.5500 Copyright 2019 - The County of DuPage, Illinois.
Scale in Feet