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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: May 21, 2021
SUBJECT:
Ordinance Granting a Conditional Use Permit for a restaurant with a drive-through facility use on the property located at 1504 Mesa Lane (Shamrock Co - 21-0287 / BA36/3-21.111-CU/Fsd/Fpn - JS - Ward 1)
PURPOSE:
The Petitioner Shamrock Company is requesting approval of An Ordinance Granting a Conditional Use Permit for a restaurant with a drive-through facility use on the property located at 1504 Mesa Lane
BACKGROUND:
The Subject Property is currently zoned B2(C) being Business District - General Retail with a Conditional Use, which is part of the Dominicks Conditional Use Planned Development.
The Petitioner requesting approval of an Ordinance Granting a Conditional Use Permit for a restaurant with a drive-through facility (2530) use. Shamrock Co. owns several other Taco Bells in Aurora and is developing half of this site for the construction of a new facility.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat for the vacant land located at the Northeast corner of Kirk Road and Mesa Lane. The lot is currently one 1.34-acre property and is going to be split into two parcels, one being 31,888 square feet and the other being 27,162 square feet. The smaller of the lots will have an ingress/egress easement allowing for more than one way to access the developments. The current drainage, utility, and sidewalk easement will be dedicated as right-of-way.
Finally, the Petitioner is also a requesting approval of a Final Plan for a restaurant with a drive-through facility use. A 2,080 square foot, 40 seat Taco Bell with a drive through is being proposed. The building will be in the style of the modern Taco Bell with updated interior and exterior fixtures. An outdoor patio area is being constructed on the southern part of the site as well. 22 parking spaces are being proposed, with the drive through allowing vehicle stacking of 9 cars.
DISCUSSION:
Staff has reviewed the Conditional Use petition and have determined that it meets the applicable codes and ordinances.
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.
Staff briefly wanted to discuss the Findings of Facts for Conditional Use Petitions:
1.) Staff believes that the conditional use will not be in any way detrimental to or endanger public health, safety, morals, comfort or general welfare. The design of the site intends to mitigate any external effects to the neighboring residential development,
2.) Staff believes the Conditional Use will not be injurious to the use and enjoyment of other property in the immediate vicinity or impair property values based on the mitigating factors being proposed such as heavy landscaping and large setbacks to the residential development to the north.
3.) Staff believes that the Conditional Use will not impede the normal and orderly development of the surrounding properties. The two of the three other corners of the intersection of Kirk Road and Mesa Lane are being utilized for similar uses.
4.) Staff believes that the proposal provides adequate utilities, access roads, and drainage as is required for development.
5.) Staff believes that adequate measures to provide proper access to and from the site along with minimizing traffic congestion. There are currently five other restaurants with drive through facilities within a 1000-foot radius. All access is being planned to be fronted on Mesa Lane, to not interfere with traffic on Kirk Road,
6.) Finally, Staff believes that the Conditional Use conforms to the applicable regulations of the B-2 Zoning District in all other respect.
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.
11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1 (3) To encourage new development contiguous to existing development
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the Ordinance Granting a Conditional Use Permit for a 2530 restaurant with a drive-through facility use on the property located at 1504 Mesa Lane.
ATTACHMENTS:
Land Use Petition with Supporting Documents
Legistar History Report
Exhibit A - Legal Description
Exhibit B - Memorandum of Agreement
cc: Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco
Alderman Robert J. O’Connor
Alderman Juany Garza
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance granting a Conditional Use Permit for a restaurant with a drive-through facility (2530) use on the property located at 1504 Mesa Lane
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, is the owner of record of the real estate legally described on Exhibit “A-1”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated April 14, 2021, Shamrock Co. filed with the City of Aurora a petition Requesting approval of a Conditional Use for a Restaurant with a drive-through facility (2530) use on Lot 7 of Kirkland Crossing Subdivision located at 1504 Mesa Lane and related required documents as attached hereto as Exhibits "A”; and
WHEREAS, after due notice and publication of said notice, the Aurora Planning and Zoning Commission conducted a public hearing on May 19, 2021, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on May 26, 2021, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning and Zoning Commission, finds that the proposed Conditional Use is not contrary to the purpose and intent of Chapter 49 of the Code of Ordinances, City of Aurora.
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 Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 10.6 and Section 4.3 (2530) a Special Use permit is hereby granted for a Restaurant with a drive-through facility (2530) 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 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 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-2(C) Business District - General Retail with a Conditional Use and upon termination of the use of said property for a Restaurant with a drive-through facility (2530), this Conditional Use permit shall terminate and the classification B-2(C) Business District - General Retail with a Conditional Use shall be in full force and effect.
Section Eleven: That this Restaurant with a drive-through facility (2530), use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.