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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: October 8, 2015
SUBJECT:
An Ordinance Granting a Special Use Permit for a Liquor License within 500 feet of Residential property on Lots 1, 2, and 3 of Hercules Park Addition Subdivision, generally located at 1032 Prairie Street (Michael Poulakidas - L15-00757 / AU29/2-15.115-Rz/Su/Fpn - TV - Ward 4)
PURPOSE:
The Petitioner, Michael Poulakidas is requesting approval for a Liquor License within 500 feet of residential property on Lots 1, 2 and 3 of Hercules Park Addition Subdivision, generally known as 1032 Prairie Street for a restaurant.
BACKGROUND:
The Subject Property is located at 1032 Prairie Street and is made up of three lots which have in recent history been one property, formerly the Colonial Drug Store. This property is within, and is supported by the goals and objectives of the ANPI University Neighbors Neighborhood Plan.
The Petitioner is proposing to redevelop this property as a casual dining restaurant with an outdoor patio and is requesting a Special Use in order to obtain a liquor license since this site is within 500 feet of residential property and not within a shopping center. The building will be renovated to include a new entrance with a mixture of stone veneer, sand pebble EIFS, and horizontal stained wood siding. In addition, a new cooler will be installed at the rear of the building. As part of the redevelopment of the site, the parking lot will be reconfigured with a total of 37 parking spaces which meets the City's parking requirements. The Petitioner will be curbing a portion of Prairie Street and creating a landscaped parkway with two access points to create a loop around the building. A new ground sign will be constructed at the corner of Prairie Street and Hartford Avenue. Landscaping is being supplemented along the public right-of-ways.
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 majority of the requested revisions to these documents. A few items still under review include the parking lot along Hartford Avenue, staff recommended that this area be curbed given the close proximity to the roadway and the encroachment within the City's right of way; and the screening of the new cooler, staff recommended that it be screened in the rear of the building for aesthetic purposes. Overall the project will be an asset to this commercial corridor, the redevelopment of this property is consistent with the priorities of the ANPI plan for the area in that it will enhance the local business activity within the Prairie Street Business District.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
22.1(5) To recognize the unique characteristics of individual neighborhoods and promote their positive attributes.
30.0 To promote and plan for the location of commercial centers, based on their 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 recommends CONDITIONAL APPROVAL of the Ordinance Granting a Special Use Permit for a Liquor License within 500 feet of Residential Property on Lots 1, 2, and 3 of Hercules Park Addition Subdivision, generally located at 1032 Prairie Street with the following conditions:
1. That Engineering Plans be provided directly to the Engineering Division prior to or at the time of building permit submittal, and Final Engineering approval must be obtained prior to any building permit issuance.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B-1" Final Plan
Exhibit "B-2" Landscape Plan
Exhibit "B-3" Building and Signage Elevations
Exhibit “B-4” Fire Access Plan
Exhibit “C” Memorandum of Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: L15-00757
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Granting a Special Use Permit for a Liquor License within 500 feet of Residential property on Lots 1, 2, and 3 of Hercules Park Addition Subdivision, generally located at 1032 Prairie Street
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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, JTE Family Properties LLC is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated August 20, 2015, Michael Poulakidas 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 Lots 1, 2 and 3 of Hercules Park Addition Subdivision, generally known as 1032 Prairie Street Lots 1, 2 and 3 and related required documents as attached hereto as Exhibits "B-1" through Exhibit “B-4”; 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 October 7, 2015, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on October 15, 2015, the Planning and Development Committee of the Aurora City Council reviewed said Special Use 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 Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and 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 Five: 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 applicant and his respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Six: That the Final Plan and related required documents as attached hereto as Exhibit "B-1" Final Plan, Exhibit “B-2” Landscape Plan, Exhibit “B-3” Building and Signage Elevations, Exhibit “B-4” Fire Access Plan along with any dedications deemed necessary by the Aurora City Engineer are hereby approved.
Section Seven: 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 Engineering Plans be provided directly to the Engineering Division at the time of building permit submittal, and Final Engineering approval must be obtained prior to any building permit issuance.
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 plans attached hereto as Exhibits "B-1” Final Plan, Exhibit “B-2” Landscape Plan, Exhibit “B-3” Building and Signage Elevations, Exhibit “B-4” Fire Access Plan, the City Council may 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-1 Local Retail and upon termination of the use of said property for a B-1 Local Retail use, this Special Use permit shall terminate and the classification of B-1 Local Retail shall be in full force and effect.
Section Eleven: That this Special Use for the 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.
Section Twelve: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.