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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: August 6, 2015
SUBJECT:
An Ordinance Granting a Special Use Permit for a Special Purpose Recreational Facility Use on the Property located at 954 N. Lake Street. (Planet Fitness/Truemper, Titiner & Brouch, Ltd. - 15-00508 / AU15/1-15.138-Su - TV - Ward 6)
PURPOSE:
The Petitioner, Truemper, Titiner & Brouch, Ltd., on behalf of Planet Fitness, is requesting approval of a Special Use Permit for a Special Purpose Recreational Facility Use (5200) on the property located at 954 N. Lake Street for Planet Fitness.
BACKGROUND:
The Subject Property is located at 954 N. Lake Street and is part of the Northgate Shopping Center with B-3 Business and Wholesale zoning. The property is generally located on the west side of Lake Street, south of Lyon Place.
The Petitioner is requesting a Special Use Permit for a Special Purpose Recreational Facility Use for Planet Fitness. Planet Fitness is proposing to lease a 28,000 square foot unit, being the former TJ Maxx, within the Northgate Shopping Center and is planning to remodel the unit to accommodate their needs. In addition, a portion of the deteriorating parking lot in front of the building will be milled and resurfaced.
DISCUSSION:
Staff has reviewed the Special Use petition, submitted by the petitioner and have sent comments back to them 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 those listed in the staff's recommendation.
This Special Use will increase patron traffic within the shopping center which will have a positive effect on the neighboring businesses. In addition, the improvements that are stated in the conditions will help improve the aesthetic of the overall shopping center.
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.
11.0 To guide the growth of the City in an orderly and structured manner.
31.1(3) To promote the development of commercial facilities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning Commission recommends CONDITIONAL APPROVAL of the Ordinance Granting a Special Use Permit for a Special Purpose Recreational Facility Use on the Property located at 954 N. Lake Street, with the following conditions:
1. That the sidewalk area in front of the building be thoroughly cleaned and maintained in good condition including the removal of any used gum stuck to the surface.
2. That the Petitioner make the following improvements to the parking lot shown in the yellow highlighted area on Exhibit “B”:
a. Pavement shall be milled, resurfaced and restriped per the existing configuration (9' by 19' parking stalls and 22' drive aisles).
b. Parking islands shall be maintained at the end of each parking aisle, and one additional parking island shall be constructed at the north east corner.
c. Landscaping shall be installed in said parking islands. A Landscaping Plan shall be provided and subject to approval by the Planning and Zoning Division prior to a temporary occupancy permit or occupancy permit being issued for the project. Said Landscape Plan shall include a mixture of perennials, grasses, and shrubs. If the Petitioner wishes to keep the circle landscape planters in said yellow highlighted area, these shall also be included on said Landscape Plan and planted with a mixture of perennials, grasses, and shrubs.
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit “B” Parking Lot Exhibit
Exhibit “C” Memorandum of Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 15-00508
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 Special Purpose Recreational Facility Use on the Property located at 954 N. Lake Street
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, Northgate Plaza (Aurora) LLC is the owner of record of the real estate legally described on Exhibit “A-1”, attached hereto; and
WHEREAS, by petition dated June 4, 2015, Truemper, Titiner & Brouch, Ltd. filed with the City of Aurora a petition Requesting approval of a Special Use Permit for a Special Purpose Recreational Facility Use (5200) on the property located at 954 N. Lake Street and related required documents, attached hereto as Exhibit "B"; 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 August 5, 2015, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on August 13, 2015, the Planning and Development Committee of the Aurora City Council reviewed said Special Use Petition and the before mentioned recommendations, and recommended CONDITIONAL 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 all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Three: 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 Four: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, Section 4.3(5200) and Section 10.6, a Special Use permit is hereby granted for a Special Purpose Recreational Facility use for the real property legally described in Exhibit “A”.
Section Five: That this Special Use permit hereby granted is solely for the purpose of a Special Purpose Recreational Facility 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 applicant and the respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Six: That the petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit “C” within fourteen (14) days from the date of passage of this Ordinance and that said Special Use permit is granted specifically contingent upon the following conditions:
1. That the sidewalk area in front of the building be thoroughly cleaned and maintained in good condition including the removal of any used gum stuck to the surface.
2. That the Petitioner make the following improvements to the parking lot shown in the yellow highlighted area on Exhibit “B”:
a. Pavement shall be milled, resurfaced and restriped per the existing configuration (9' by 19' parking stalls and 22' drive aisles).
b. Parking islands shall be maintained at the end of each parking aisle, and one additional parking island shall be constructed at the north east corner.
c. Landscaping shall be installed in said parking islands. A Landscaping Plan shall be provided and subject to approval by the Planning and Zoning Division prior to a temporary occupancy permit or occupancy permit being issued for the project. Said Landscape Plan shall include a mixture of perennials, grasses, and shrubs. If the Petitioner wishes to keep the circle landscape planters in said yellow highlighted area, these shall also be included on said Landscape Plan and planted with a mixture of perennials, grasses, and shrubs.
Section Seven: That should any of the above-stated conditions not be met or that the property described in Exhibit “A” fail to be developed in accordance with this Special Use permit, in that event the City Council shall take the necessary steps to repeal this Ordinance.
Section Eight: 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 Nine: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of B-3 Business and Wholesale and upon termination of the use of said property for a Special Purpose Recreational Facility use, this Special Use permit shall terminate and the classification of B-3 Business and Wholesale shall be in full force and effect.
Section Ten: That this Special Purpose Recreational Facility use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Eleven: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
PASSED by the City Council of the City of Aurora, Illinois, on ____________________.
AYES_____ NAYS_____ ABSENT_____
APPROVED AND SIGNED by the Mayor of the City of Aurora, Illinois, on __________.
________________________
Mayor
ATTEST:
______________________
City Clerk