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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: February 4, 2016
SUBJECT:
A Resolution Approving a Final Plan on Lot 1 & Lot 2 of Maruti Subdivision located on east side of Lake Street north of Indian Trail Road (Jay Maruti #3 Corporation - L15-00202 / AU10/3-13.071-Rz/SU/FSD/FPN - TV - Ward 6)
PURPOSE:
The Petitioner, Jay Maruti #3 Corporation, is requesting approval of a Final Plan for Lots 1 and 2 of Maruti Subdivision located at on east side of Lake Street north of Indian Trail Road which includes the construction of a Dunkin Donuts drive-thru restaurant on Lot 1 and the reconfiguration of the parking on Lot 2.
BACKGROUND:
The Subject Property is located at 1271 N. Lake Street and currently houses Dee's Place restaurant which is located on the south portion of the property and the north portion of the property consists of a parking lot. The property at 1271 N. Lake Street has B-3(S) Business and Wholesale zoning. The City owns the property at 1275 N. Lake Street which bisects the 1271 N. Lake Street with a “flagpole” lot that extents from the east to Lake Street. The property located at 1275 N. Lake Street has B-2 Business District, General Retail zoning. Additional information on the legislative history of the property can be found in the attached Property Research Sheet.
The Final Plan proposal includes both Lot 1 and Lot 2. The proposal consists of constructing a 2,000 square foot Dunkin Donut drive-thru restaurant on Lot 1. The existing restaurant will remain on Lot 2. As part of the redevelopment of the Subject Property, the parking lot on Lots 1 and 2 will be reconfigured to allow for the maximum number of parking spaces, creating a total of 65 parking spaces between the two lots which meets the City's requirements for both the drive-thru and existing restaurant. Access to the site, as shown on the plan, are from two right-in, right-outs along Lake Street. The northern drive will extend to the east to provide access to the properties along the river. The Final Plan proposal includes a full Landscape Plan to be implemented throughout the site. The building elevation for the Dunkin Donuts consist of a combination of split face block and fiber cement lap siding. A 6' ground sign is being proposed along Lake Street which will match the split face block on the building.
To facilitate the redevelopment of the Subject property, the City will be conveying the "flagpole" portion of the City's property to the Petitioner in exchange for an easement along the north property line to access the properties to the east along the river. The Easement Agreement and Conveyance is being reviewed and approved concurrently by City Council under a separate action.
The Final Plat proposal, which is under separate action being reviewed and approved concurrently, includes creating a 2-lot subdivision in order to redevelop this site. Lot 1 will consists of a proposed Dunkin Donuts drive-thru restaurant which is located at the northern portion of the Subject Property and Lot 2 consists of the existing restaurant and the "flagpole" portion of the City's property which is located on the southern portion of the Subject Property. A cross access easement is also being established on both lots for shared parking and ingress/egress of vehicles and pedestrians.
Concurrently with this proposal, the Petitioner is also proposing a Rezoning and Special Use Planned Development. The Plan Description establishes the underlying zoning on the property as B-2 Business District, General Retail. It also includes variations from provisions of the B-2 Business District of the Aurora Zoning Ordinance. The variations to the District provisions include: the reduction of the front yard setback from 30 feet to 14 feet with an exception that the patio fencing, which may encroach into the front yard setback up to 2 feet; and the reduction of the rear yard setback from 8 feet to 6 feet. In addition, the plan description allows for one (1) Restaurant with a drive-through facility (2530) as a permitted use.
DISCUSSION:
Staff has reviewed the Final Plan petition and have sent comments back to the petitioner on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center.
11.0 To guide the growth of the City in an orderly and structured manner.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1(3) To encourage new development contiguous to existing development.
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Resolution Approving a Final Plan on Lot 1 & Lot 2 of Maruti Subdivision located on east side of Lake Street north of Indian Trail Road.
ATTACHMENTS:
Exhibit "A-1" Final Plan
Exhibit "A-2" Landscape Plan
Exhibit "A-3" Building and Signage Elevations
Exhibit “A-4” Fire Access Plan
Landscape Material Worksheet (1-23)
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: L15-00202
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Approving a Final Plan on Lot 1 & Lot 2 of Maruti Subdivision located on east side of Lake Street north of Indian Trail Road
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, by petition dated March 10, 2015, Jay Maruti #3 Corporation filed with the City of Aurora a petition requesting approval of a Final Plan for Lots 1 and 2 of Maruti Subdivision located on the east side of Lake Street north of Indian Trail Road and related required documents as attached hereto as Exhibits "A-1" through Exhibit “A-4”; and
WHEREAS, after referral of said petition from the Aurora City Council, the Aurora Planning Commission conducted a hearing on February 3, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on February 25, 2016, the Planning and Development Committee of the Aurora City Council reviewed said Final Plan and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, finds as facts all of the preamble recitals of this Resolution and hereby grants CONDITIONAL APPROVAL of said Final Plan with the following condition:
1. To ensure the economic viability of both buildings on the site, an occupancy permit for the new building at 1273 N. Lake Street shall only be issued at such time an occupancy permit is on file or has been issued for a “bona fide” restaurant, as determined by the Zoning Administrator, at the existing building at 1275 N. Lake Street, unless any legal action is pending on 1275 N. Lake Street that would preclude such issuance.
BE IT FURTHER RESOLVED that the City Council of the City of Aurora hereby adopts the Final Plan and related required documents, subject to Final Engineering approval, as attached hereto as Exhibit "A-1" Final Plan, Exhibit “A-2” Landscape Plan, Exhibit “A-3” Building and Signage Elevations, and Exhibit “A-4” Fire Access Plan along with any dedications deemed necessary by the Aurora City Engineer.