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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: October 4, 2018
SUBJECT:
An Ordinance Granting a Special Use Permit for a Restaurant with a Drive-through Facility (2530) Use on the Property Located at 2340 West Indian Trail (JRG West Aurora, LLC - 18-0401 / AU18/1-15.156-Su/Fpn - SB - Ward 5)
PURPOSE:
The Petitioner, DXU Studio Architects, is requesting approval of a Special Use for a Restaurant with a Drive-through Facility (2530) use, in accordance with requirements per the Aurora Zoning Ordinance.
BACKGROUND:
The subject property is currently vacant land, and is 1.33 acres. The subject property is zoned B-2(S), General Retail with a Special Use Planned Development and is located in the Greenfield Commons Second Resubdivision. The adjacent properties include similar commercial and retail uses, as well as fast food restaurants. There are also industrial uses in the area. Additional information on the legislative history of the property can be found in the attached Property Research Sheet.
The Petitioner is requesting approval of a Special Use for a Restaurant with a Drive-through Facility (2530) use. The details of the request include the development of the subject property in compliance with the Aurora Zoning Ordinance’s standards, which requires a Special Use for any new business within one thousand feet of a public intersection that is non-residential on all four corners and also contains at least two or more drive-through establishments within the same distance.
Concurrently with this request, the Petitioner is requesting approval of a Final Plan for a multi-tenant building with a drive-through fast food restaurant. The building will be developed in two phases, both of which are included as part of this Final Plan. Similar to the neighboring businesses, access to the property will be from the private parking lot to the south.
The first phase includes two tenants: the first tenant is approximately 1,900 square feet for fast food with a drive-through restaurant (Jersey Mike's Subs); the second tenant is approximately 3,500 square feet for a personal services use (ATI Physical Therapy); and, the third tenant, which is the future building expansion, is approximately 2,700 square feet for an anticipated future restaurant use. Upon completion of the phased development, the building will be 8,100 square feet. The minimum required parking 57 parking spaces will be added during the respective development phases to ensure that adequate parking is provided. Landscaping will be installed that allows for the future site development without being disturbed.
The Petitioner has also provided building elevations that indicates the two tenants that will be built during the development’s first phase, as well as elevations that incorporate the third tenant that will be added during the second phase.
DISCUSSION:
Staff has reviewed the Special Use 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.
Staff does not feel that this Special Use will lead to an undo increase in traffic that cannot be provided by the current street capacity, and there is not an overabundance of drive thru restaurants in this corridor.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has received on public inquiry from a neighboring business owner requesting additional information on the nature of this petition.
POLICIES AND GUIDELINES :
The Staff's Evaluation and Recommendation are based on the following Physical Development Policies:
31.1 (3): To promote the development of commercial facilities in existing or planned
commercial areas.
31.1 (4): To encourage the development of multiple use commercial, employment,
and service centers.
31.1 (5): To promote the vitality of existing commercial centers within the
commercial hierarchy.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the ordinance granting a Special Use permit for a Restaurant with a Drive-through Facility (2530) Use on the Property Located at 2340 West Indian Trail.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Plat of Survey
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 18-0400
cc: Alderman Michael B. Saville, Chairmain
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Special Use Permit for a Restaurant with a Drive-through Facility (2530) Use on the Property Located at 2340 West Indian Trail
body
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, West Aurora Development, LLC is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated May 4, 2018, DXU Studio Architects, filed with the City of Aurora a petition Requesting approval of a Special Use for a Restaurant with a drive-through facility (2530) use on Lot 1 of Greenfield Commons Second Resubdivison Subdivision located at 2340 W. Indian Trail
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Aurora Planning Commission conducted a public hearing on October 3, 2018, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on October 11, 2018, the Planning and Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning Commission, finds that the proposed Special Use is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 10.6 and Section 4.3 (2530) a Special Use permit is hereby granted for a Restaurant with a drive-through facility (2530) use for the real estate property legally described in Exhibit “A”.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Restaurant with a Drive-through Facility (2530) use and is subject to all of the conditions set forth herein which shall be binding and remain in full force and effect upon the property, the petitioner and their respective heirs, executors, administrators, successors, assigns and devisees for the duration of said special use.
Section Seven: That the petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit “B” within fourteen (14) days from the date of passage of this Ordinance and that said Special Use permit is granted specifically.
Section Eight: That should any of the above-stated conditions not be met or that the property described in Exhibit “A” is not developed in accordance with the special use the City Council shall take the necessary steps to repeal this Ordinance.
Section Nine: That future proposals for expansion or intensification of whatever kind for the property legally described in said Exhibit “A”, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Ten: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of and upon termination of the use of said property for a Restaurant with a drive-through facility (2530) use, this Special Use permit shall terminate and the classification of shall be in full force and effect.
Section Eleven: That this Restaurant with a Drive-through Facility (2530) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.