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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: July 21, 2016
SUBJECT:
An Ordinance Granting a Special Use Permit for a Restaurant with a drive-through facility (2530) Use on the Property located at 2626 Ogden Avenue (Marathon & Dunkin Donuts - 16-00522 / NA30/4-15.089-Su/Fpn/R - JH - Ward 8)
PURPOSE:
The Petitioner, Marathon & Dunkin Donuts, is requesting approval of a Special Use for a Restaurant with a drive-through facility (2530) Use on the property located at 2626 Ogden Avenue.
BACKGROUND:
The Subject Property is located at 2626 Ogden Avenue/near the northeast corner of Eola Road and Ogden Avenue. It is currently utilized as a Gasoline Station (2831) Use with a Special Use for a Single Bay Car Wash (2832). The property is zoned as part of the Fox Valley East Planned Development District. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The details of the proposal include repealing the existing Special Use for the Single Bay Car Wash and approving a Special Use a Restaurant with a drive-through facility (2530).
Concurrently with this proposal, the Petitioner is also proposing a Final Plan Revision the details of which include the removal of the current car wash and reusing the existing lane for a drive-thru; constructing a 240 square foot addition to the northeast corner of the building and renovating the north end of the building for a Dunkin Donuts. The drive-thru will provide six stacking spaces in addition to five spaces from the window to the menu board. There will be 12 parking spaces on the site. The approval includes a Building and Elevation plan showing the new façade, which includes fiber cement siding in shades of brown and Exterior Insulation and Finish System cladding in orange. The Landscape Plan includes additional turf in front of the building and additional landscaping along Ogden Avenue and in the detention pond.
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.
The Qualifying Statement supplied by the Petitioner states that this type of coffee shop, a combination convenience store/coffee shop location, splits it's business evenly between the drive-thru and the inside business. The establishment will also not be offering a full-menu at this location. These factors should result in less activity and traffic than a standalone facility and help prevent traffic backing up onto Ogden Avenue.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has not received public inquiries regarding this petition.
POLICIES AND GUIDELINES / IMPACT STATEMENT :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.0 To guide the growth of the City in an orderly and structured manner.
11.1 (3) To encourage new development contiguous to existing development.
31.1 (3) To promote the development of commercial facilities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning Commission would recommend APPROVAL of the Special Use Permit for a Restaurant Drive-Thru Use on the Property located at 2626 Ogden Avenue.
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit “B” Memorandum of Agreement
Property Research Sheet
Land Use Petition with Supporting Documents
Plat of Survey
Legistar Number: 16-00523
cc:
Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, 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 2626 Ogden Avenue
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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, Pav 2 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 June 3, 2016, Marathon & Dunkin Donuts 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 the property located at 2626 Ogden Avenue
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 July 20, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on July 28, 2016, 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 4.3 (2520) and Section 10.6 a Special Use permit is hereby granted for a Restaurant Drive-Thru 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 Drive-Thru 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 PDD Planned Development District and upon termination of the use of said property for a Restaurant Drive-Thru use, this Special Use permit shall terminate and the classification of PDD Planned Development District 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.