cover
TO: Mayor Thomas J. Weisner
FROM: Stephane Phifer, Director
DATE: February 6, 2014
SUBJECT:
A Special Use Petition with a Final Plan Revision for a new Patio restaurant located at 4400 Fox Valley Center Drive.
PURPOSE:
The petitioner, Aurora EMS Properties, LLC, is proposing a Special Use Petition with a Final Plan Revision on 2.445 acres for a new Patio restaurant located at 4400 Fox Valley Center Drive.
BACKGROUND:
This Special Use petition, which is part of the Fox Valley East Planned Development, was referred by the City Council to the Planning and Zoning Division on January 14, 2014.
Legislative History:
Date Review Body Motion Vote
2/5/2014 Planning Commission Approval Unanimous
1/21/2014 Planning Council Forward Unanimous
DISCUSSION:
Development Proposal:
The proposal is for a Special Use Permit for a restaurant with a drive-through facility and to remodel the existing building into The Patio restaurant. The building square footage is 106,486 square feet. A new outdoor patio is being added to the northeast corner of the building. A building addition is being added over the existing outdoor patio space, which is located along the building’s east side.
The restaurant will have 283 indoor seats and 44 outdoor patio seats, with a total of 327 seats. There are 110 parking spaces proposed, which slightly exceeds the City’s requirement of 109. The proposed plan will remove 51 existing parking spaces from the site.
A drive-thru is being added to the building, with 1 ordering station along the building’s west side and 1 drive-thru window along the building’s south side. The traffic circulation for the drive-thru is proposed to wrap around the entire building and convert the drive aisles abutting the building’s east, west and south side from two-way to one-way traffic.
The existing 3 access points from the internal private roadways will remain as-is on the Subject Property. The proposal is to limit the middle access point for “exit only” traffic.
Stormwater detention has previously been provided for off-site. Additional landscaping will be installed on the Subject Property. A monument sign is proposed at the northeast corner of the Subject Property.
Evaluation:
Staff has reviewed the Special Use petition submitted by the petitioner. The Subject Property is designated Commercial land use on the City of Aurora’s Comprehensive Plan, which the proposed Special Use is in accordance said land use.
Staff has conveyed some concerns regarding the proposed conversion of drive aisles and parking space orientation. We will continue to explore this subject as we work through the process to confirm that the proposed circulation pattern will not cause circulation issues and conflicts.
The Patio restaurant chain is unique in the Chicago-land area in both its concept and site design. Staff believes that it will be a great new addition to the Fox Valley Mall retail environment.
Public Input:
Due public notice was given for the public hearing on this matter. No witnesses came forward at the hearing. As of the date of this report, staff has received some public general inquiry regarding this petition.
IMPACT STATEMENT:
This item will increase the tax base and overall viability of the City which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
Planning Commission recommended APPROVAL of the Special Use Petition with a Final Plan Revision on 2.44 acres for a new Patio restaurant located at 4400 Fox Valley Center Drive by Aurora EMS Properties, LLC.
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 use located at 4400 Fox Valley Center Drive, Aurora, IL
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, Aurora EMS Properties, LLC is the owner of record of the real estate property legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth; and
WHEREAS, Aurora EMS Properties, LLC filed a Special Use petition with the City of Aurora on December 17, 2013, to authorize the use of the property legally described in Exhibit “A” for a restaurant with a drive-through facility use; 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 February 5, 2014, with respect to said petition for Special Use permit and found that said petition met the standards prescribed by Section 10.6-5 Standards of Ordinance Number 3100, being the Aurora Zoning Ordinance, and recommended the Special Use be granted subject to the following conditions:
1. That the property described in Exhibit “A” be developed in accordance with the Final Plan and Landscape Plan described on Exhibit “B”.
2. That any landscaping installed that should die be replaced prior to the next planting season.
3. That the petitioner agrees to implement the above-stated conditions and sign the Memorandum of Agreement attached hereto as Exhibit “C” within fourteen (14) days from the date of passage of this Ordinance.
WHEREAS, the City Council, based upon the conditional recommendation and the stated standards of the Planning Commission, finds that the proposed Special Use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare, will not be injurious to the use of other property in the immediate vicinity, nor diminish or impair property values in the neighborhood and, further, the City Council finds that the granting of this Special Use will not impede normal and orderly development and improvement of surrounding property for uses permitted in the district and that adequate utilities, access roads, drainage and other facilities are being provided and that the Special Use will in all respects conform to the applicable regulations of the Planned Development District zoning classification except as varied herein; and
WHEREAS, the City Council, 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: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, Section 4.3 (2530) and Section 10.6, a Special Use permit is hereby granted for a restaurant with a drive-through facility use for the real estate property legally described in Exhibit “A”.
Section Three: That this Special Use permit hereby granted is solely for the purpose of a restaurant with a drive-through 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 his respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Four: That said Special Use permit is granted specifically contingent upon the following conditions:
1. That the property described in Exhibit “A” will be developed in accordance with the Final Plan and Landscape Plan described in Exhibit “B”.
2. That any landscaping installed that should die will be replaced prior to the next planting season.
3. That the petitioner agrees to implement the above-stated conditions and sign the Memorandum of Agreement attached hereto as Exhibit “C” within fourteen (14) days from the date of passage of this Ordinance.
Section Five: That should any of the above-stated conditions not be met, the City Council shall take the necessary steps to repeal this Ordinance.
Section Six: 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 Seven: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of Planned Development District and upon termination of the use of said property for a restaurant with a drive-through facility use, this Special Use permit shall terminate and the classification of Planned Development District shall be in full force and effect.
Section Eight: That this restaurant with a drive-through facility use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Nine: That all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Ten: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Eleven: 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.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
EXHIBIT “A”
LEGAL DESCRIPTION
For the property located at 4400 Fox Valley Center Drive, DuPage County
LOT 1 (EXCEPTING THEREFROM THAT PART CONVEYED TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN WARRANTY DEED RECORDED OCTOBER 25, 2011, AS DOCUMENT R2011-128156) IN FOX VALLEY EAST REGION 1 UNIT NO. 10, BEING A SUBDIVISION OF LOT 2 IN FOX VALLEY EAST REGION 1 UNIT NO. 8, BEING A PART OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID FOX VALLEY EAST REGION 1 UNIT NO. 10 RECORDED DECEMBER 28, 1983, AS DOCUMENT R83-94954, IN DUPAGE COUNTY, ILLINOIS.
Parcel Number: 07-21-401-094
Commonly Known as: 4400 Fox Valley Center Drive located in DuPage County, IL
EXHIBIT “B”
INFORMATION SHEET
For the Final Plan and Landscape Plan for the property located at 4400 Fox Valley Center Drive, Aurora, IL
Case File Number: NA21/4-13.379-Su/Fpn/R
Tax Parcel Number: 07-21-401-094
Owner: Aurora EMS Properties, LLC
Date Final Plan Received by Planning: 1/29/2014
Final Plan Prepared By: Landmark Engineering LLC
7808 West 103rd Street
Palos Hills, IL 60465
Date Landscape Plan Received by Planning: 1/29/2014
Landscape Plan Prepared By: Trippiedi Design, P.C.
902 Sundew Court
Aurora, IL 60504
NOTE: A COPY OF THESE PLANS AS REFERENCED HEREON ARE ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.