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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: April 19, 2019
SUBJECT:
An Ordinance Granting a Special Use Permit for a Liquor License within 500 feet of residential property on the property located at 1271 N. Lake Street generally located on the east side of Lake Street, north of Indian Trail Road (Arechiga Group 1, Inc., DBA El Jefe - 19-0213 / AU10/3-18.104-Su - JM - Ward 6)
PURPOSE:
The Petitioner Arechiga Group 1, Inc., doing business as El Jefe, is requesting approval of a Special Use for a Liquor License within 500 feet of residential property use on Part of Lot 12 of The George Acres Subdivision located at 1271 N. Lake Street which includes the development of a restaurant with a Class “E” liquor license.
BACKGROUND:
The Subject Property is currently commercial with B-2(S) General Retail District with a Special Use zoning, which is part of the Maruti Special Use Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of a Special Use for a Class “E” Liquor License since this property is within 500 feet of residential property and not in a shopping center. The residential properties within the 500 feet are vacant lots adjacent to N. River Street that are zoned residential and three single-family homes. The remainder of the surrounding area is zoned business or manufacturing. The Comprehensive Plan identifies the area as commercial and high density residential.
The applicant is currently renovating the existing building on the site for a new restaurant by El Jefe that will have a capacity of 160 customers and currently has around 72 parking spaces. The proposed renovations include some minor alterations to the façade, outside seating area with a pergola, and interior renovations to add bar seating and tables.
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 petitioner has met the minimum requirements for the Class “E” Liquor Ordinance to obtain a Special Use, including providing enough off-street parking at one space per three seats. It meets the minimum number of 125 seats required for the Liquor License. The majority of the surrounding area is business. With providing adequate off-street parking along with the area being a mostly commercial corridor abutting a major arterial, staff supports the approval of allowing a liquor license on this property.
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 :
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.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
31.1 (3) To promote the development of commercial facilities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of An Ordinance Granting a Special Use Permit for a Liquor License within 500 feet of residential property on the property located at 1271 N. Lake Street generally located on the east side of Lake Street, north of Indian Trail Road.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Exhibit “B” Memorandum of Agreement
Floor Plans
Elevations
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 19-0213
cc:
Alderman Michael B. Saville, Chairman
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 Liquor License within 500 feet of residential property on the property located at 1271 N. Lake Street generally located on the east side of Lake Street, north of Indian Trail Road
..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, Maruti Real Estate 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 March 14, 2019, Arechiga Group 1, Inc., doing business as El Jefe, filed with the City of Aurora a petition requesting approval of a Special Use for a Liquor License within 500 feet of residential property on Part of Lot 12 of The George Acres Subdivision located at 1271 N. Lake Street; and
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 April 17, 2019, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 25, 2019, 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 Chapter 6, Section 6-13.(c)(2) of the City's Code of Ordinances a Special Use permit is hereby granted for a Liquor License within 500 feet of residential property 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 Liquor License within 500 feet of residential property 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.
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 zoning classification of B-2(S) General Retail District with a Special Use for a Planned Development and upon termination of the use of said property for a Liquor License within 500 feet of residential property, this Special Use permit shall terminate and the classification of B-2(S) General Retail District with a Special Use for a Planned Development shall be in full force and effect.
Section Eleven: That this Liquor License within 500 feet of residential property use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.