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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: April 11, 2016
SUBJECT:
An Ordinance Granting a Special Use Permit for a Liquor License within 500 feet of residential property for Hills Banquet Hall located at 649 Hill Avenue (Hills Banquet Hall - L16-00109 / AU26/4-11.317-Su/Fpn - ES - Ward3)
PURPOSE:
Petitioner, Hills Banquet Hall, is requesting approval of a Special Use for a liquor license within 500 feet of residential use on the property located at 649 Hill Avenue.
BACKGROUND:
This is the former Eagles Club. It is zoned B-3. Hills Banquet Hall has operated on the property for a few years in the rear half of the building. The other half is separated and vacant. They have been operating without a liquor license. They are applying for a Class E Restaurant liquor license for the half of the building being used. Per the floor plan, this may contain up to 160 seats as shown. They are also slightly modifying the existing parking lot to accommodate 127 parking spaces. They are also making some improvements to the building by upgrading the kitchen, adding a grease trap, and adding new areas of concrete and brick paver sidewalk to the front of the building. Concurrently with this proposal is a Final Plan petition.
DISCUSSION:
Staff has reviewed the Special Use petition and has determined that the request will meet the requirements of the applicable codes and ordinances. The 127 space parking lot is adequate for the area to be used for the banquet hall. The hall has operated without a liquor license for a few years with no complaints regarding parking issues. Improvements are being made to the building and parking lot, and additional landscaping will be added.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical
Development Policies:
30.0 To promote and plan for the location of commercial centers, based on their
City functions and interrelationships, in order to provide a balanced distribution of commercial development and redevelopment.
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 ordinance granting a Special Use Permit for a Liquor License within 500 feet of residential property for Hills Banquet Hall located at 649 Hill Avenue.
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit “B” Memorandum of Agreement
Property Research Sheet
Finding of Facts
Land Use Petition with Supporting Documents
Planning Council Report
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 Liquor License within 500 feet of residential property for Hills Banquet Hall located at 649 Hill 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, HILL BANQUET HALL LLC is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated February 5, 2016, Hills Banquet Hall filed with the City of
Aurora a petition Requesting approval of a Special Use for a Liquor license within 500 feet of Residential Use on the property located at 649 Hill Avenue; 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 6, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 14, 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
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 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
Liquor License within 500 feet of residential property 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.
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 B-3(S) Business and Wholesale and upon termination of the use of said property for a Liquor License within 500 feet of residential property use, this Special Use permit shall terminate and the classification of B-3(S) Business and Wholesale 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.