cover
TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: October 30, 2014
SUBJECT:
An Ordinance Granting a Special Use Permit with a Final Plan for a restaurant with a drive-thru on the Property located at 2230 S. Eola Road, Aurora, Illinois, 60503 (Eola Enterprises, Inc./McDonald's USA, LLC - 14-00647 / WH06/4-14.050-Su/Fpn - ES - Ward 9)
PURPOSE:
The petitioner, Eola Enterprises, Inc./McDonald's USA, LLC, is proposing a Special Use permit for a drive-thru and Final Plan for a new McDonald's restaurant located at the southeast corner of Eola Road and Hafenrichter Road.
BACKGROUND:
This petition was referred by the City Council to the Planning & Zoning Division on August 5, 2014. The petition was unanimously moved forward by the Planning Council on September 16, 2014.
DISCUSSION:
McDonald's is proposing a new 5,350 sf. restaurant with drive-thru and playplace. It will have 78 seats. 33 total parking spaces are being provided, and 26 are required. All setbacks are being met with the exception along Hafenrichter Road. Due to the shape of the lot and the curvature of the ROW, the parking lot will be within 5 feet and 5.2 feet in two separate areas on the north side. Additional landscape screening is being provided along this area. The restaurant will be on a subsequent 1.13 acre lot, with shared access provided to an additional vacant commercial lot to the south of 1.07 acres.
Staff has not received any public input on this petition.
PHYSICAL DEVELOPMENT POLICIES:
31.1 (3) To promote the development of commercial facilities in existing or planned commercial areas.
32.1 (1) To discourage new strip commercial development and prevent the intrusion of inappropriate commercial activity into residential areas by providing for the clustering of commercial activities in existing or planned commercial areas.
32.0 To enhance the positive and minimize the negative impact and relationships that the location, design and appearance of commercial activities have on traffic patterns and on the stability and vitality of surrounding neighborhoods, other commercial centers, and the City as a whole.
RECOMMENDATIONS:
Planning Commission recommends Conditional Approval of the Special Use Permit with a Final Plan for a restaurant with a drive-thru on the Property located at 2230 S. Eola Road, Aurora, Illinois with the following condition:
1) The monument sign shall have a maximum height of 8 feet, a maximum sign face area of 50 square feet, and a maximum Electronic Message Center area of 30% of the total sign face.
ATTACHMENTS:
Property Research Sheet
Finding of Facts
Planning Council Report
Land Use Petition
Final Plan
Fire Plan
Landscape Plans
Sign Package
Floor Plan
Elevations
Photometric Plan
cc:
Planning and Development Committee:
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 with a Final Plan for a restaurant with a drive-thru on the Property located at 2230 S. Eola Road, Aurora, Illinois, 60503.
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, Eola Enterprises, Inc. 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, Eola Enterprises, Inc. / McDonalds USA, LLC filed a Special Use with Final Plan petition with the City of Aurora on August 5, 2014, to authorize the use of the property legally described in Exhibit "A" for a drive-thru restaurant; 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 29, 2014, with respect to said petition for Special Use permit and found that said petition met the standards prescribed by Standards of Ordinance Number 3100, being the Aurora Zoning Ordinance, and recommended Conditional Approval of the Special Use with Final Plan petition, and
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 Final Plat will in all respects conform to the applicable regulations of the zoning classification except as varied herein; and
WHEREAS, the City Council, finds that the proposed Special Use with Final Plan is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance, and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, 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, a Special Use permit is hereby granted for a drive-thru restaurant 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 drive-thru restaurant 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 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) The monument sign shall have a maximum height of 8 feet, a maximum sign face area of 50 square feet, and a maximum Electronic Message Center area of 30% of the total sign face.
Section Five: 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 described in Exhibit "B" 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 PDD and upon termination of the use of said property for a drive-thru restaurant use, this Special Use permit shall terminate and the classification of shall be in full force and effect.
Section Eight: That this 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
Legistar Number: 14-00647
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Information Sheet
Exhibit "C" Memorandum of Agreement
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 1 of McDonald's Aurora Subdivision
Parcel Number(s):pt.01-06-410-038
Commonly known as: 2230 S. Eola Road located in Will County.
EXHIBIT "B"
PLAN INFORMATION SHEET
For the Special Use/Final Plan for the property located at 2230 S. Eola Road
Case File Number: WH06/4-14.050-Su/Fpn
Tax Parcel Number: 01-06-410-038
Owner:
Eola Enterprises, Inc.
4432 Chinaberry Lane
Naperville, IL 60564
Plan Prepared By:
V3 Companies
7325 Janes Avenue
Woodridge, IL 60517
Date Plan Received: 9/12/2014
Landscape Plan Prepared By:
Norris Design
540 Duane Street
Geln Ellyn,IL 60137
Date Landscape Plan Received: 9/4/2014
NOTE: A COPY OF THESE DOCUMENTS 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.
EXHIBIT "C"
PLAN INFORMATION SHEET
For the Special Use/Final Plan for the property located at 2230 S. Eola Road
Eola Enterprises, Inc. / McDonalds USA, LLC, petitioner for the Special Use/Final Plan petition for a located at 2230 S. Eola Road granted by Ordinance Number __________, agrees to abide by all of the provisions of said Ordinance.
This agreement shall be mutually binding upon the heirs, executors, administrators, successors, devisees and assigns of future owners.
As petitioner for the Special Use granted for the subject property, I sign this agreement with full knowledge of the contents of said Ordinance and with total understanding of my/our responsibilities to comply with conditions set forth within said Ordinance. I hereby affirm that I have the full legal capacity to sign this document.
WHEREAS, I/We do affix my/our signature(s) hereto and acknowledge receipt of a certified copy of Ordinance Number ____________.
Dated this _____ day of ___________________ , 20_____.
Signed: _______________________________
Name: ________________________________
Address: _______________________________
Phone: ________________________________
STATE OF ILLINOIS )
) SS
COUNTY OF __________ )
I, the undersigned, a Notary Public in and for the said County and State aforesaid, DO HEREBY CERTIFY that ____________________ , is known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and notary seal this ______ day of _______________ , AD 20___.
________________________________
Notary Public
My Commission Expires ____________________ , 20___.