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TO: Mayor Richard C. Irvin
FROM: Jacob Sodaro, Planner
DATE: March 3, 2022
SUBJECT:
A Resolution Approving a Final Plan on the property located at 2440 S. Eola Road for an ice cream Restaurant with a Drive-Through Facility Use (2530) (Bruster's Real Ice Cream - 22-0041 / WH07/2-22.010-Fpn - JS - Ward 9)
PURPOSE:
The Petitioner, Bruster's Real Ice Cream is requesting approval of a Final Plan for the property located at 2440 S. Eola Road for a Drive-Through Facility (2530) Use
BACKGROUND:
The Subject Property is currently vacant is zoned PDD, which is part of the Lakewood Homes Conditional Use Planned Development. A Preliminary Plat and Plan for the entire Northeastern corner of Eola and Shiloh was approved in 2001 while a Final Plan for the corner (excluding the lot in question) was approved in 2002.
The Petitioner is requesting approval of a Final Plan for a Drive-Through Facility (2530) Use. The proposed restaurant will be a Drive-Through ice cream shop. All seating will take place outdoors, the indoors will only be used for production and serving of ice cream. Ice cream can be ordered either from the Drive-Through window or the walk-up windows on the western side of the building.
The proposal currently has 23 parking spaces and meets the minimum of 10 vehicles stacking from the drive thru window. Critical to the business operation is the ability of a semi-truck to be able to navigate throughout the site in order to drop off and pick up supplies. In order to accomplish this, the Right-In Right-Out access is being modified in a way that would allow a semi-truck to enter and exit the site safely, while also maintaining and adequate landscape island to break up the parking lot. The Zoning and Planning Staff is working with the developers to increase the landscaping along Eola Road and the northern property line.
DISCUSSION:
Staff has reviewed the Final Plan Resolution 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, with the exception of the items reflected in the conditions listed in the Staff Recommendation below.
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:
Staff would recommend CONDITIONAL APPROVAL of the A Resolution Approving a Final Plan on the property located at 2440 S. Eola Road for an ice cream Restaurant with a Drive-Through Facility Use (2530), with the following conditions:
1.) That the Landscape Plan be revised to incorporate the comments of the Zoning and Planning Staff.
2.) That the Final Engineering submittal be revised to incorporate the comments of the Engineering Staff.
ATTACHMENTS:
Land Use Petition with Supporting Documents
Exhibit "A-1" Final Plan
Exhibit "A-2" Landscape Plan
Exhibit “A-3” Building and Signage Elevations
Fire Access Plan
cc: Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution approving a Final Plan on the property located at 2440 S. Eola Road for an ice cream Restaurant with a Drive-Through Facility Use (2530)
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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 January 19, 2022, Bruster's Real Ice Cream filed with the City of Aurora a petition requesting approval of a Final Plan for the property located at 2440 S. Eola Road for a Drive-Through Facility (2530) Use and related required documents as attached hereto as Exhibits "A-1" through Exhibit “A-3”; and
WHEREAS, on March 9, 2022, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said Final Plan and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, the decision of the Building, Zoning and Economic Development Committee with respect to a Final Plan is subject to appeal to the City Council in the manner set forth in Chapter 34 of the Code of Ordinances, City of Aurora, Illinois; and
WHEREAS, no person authorized under Chapter 34 to appeal such decision having done so in the manner set forth in the Code, the Decision of the Building, Zoning and Economic Development Committee constitutes final action on the proposed Final Plan; and
NOW, THEREFORE, BE IT ORDAINED by the Building, Zoning and Economic Development Committee 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 conditions:
1.) That the Landscape Plan be revised to incorporate the comments of the Zoning and Planning Staff.
2.) That the Final Engineering submittal be revised to incorporate the comments of the Engineering Staff.
BE IT FURTHER RESOLVED that the Building, Zoning and Economic Development Committee of the City of Aurora hereby adopts the Final Plan and related required documents, as attached hereto as Exhibit "A-1" Final Plan, Exhibit “A-2” Landscape Plan, and Exhibit “A-3” Building and Signage Elevations, along with any easement dedications deemed necessary by the Aurora City Engineer.