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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: June 9, 2023
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Hollywood Casino Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto from B-3 Business and Wholesale District and M-1 Manufacturing - Limited District to B-3(C) Business and Wholesale District with a Conditional Use Planned Development for the property located at West side of Farnsworth Avenue, between Bilter Road and Corporate Boulevard (HC Aurora, LLC - 23-0440 / AU02/2-23.240-CUPD/PSD/PPN - TV - Ward 1)
PURPOSE:
The Petitioner, HC Aurora, LLC, is requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district for a portion of the property from M-1 Manufacturing - Limited District to B-3 Business and Wholesale District on the property located on the west side of Farnsworth Avenue, between Bilter Road and Corporate Boulevard.
BACKGROUND:
The existing Hollywood Casino located at 1 West New York Street has been operating for almost 30 years. However, due to a variety of factors including the steady decline in revenue at the Casino's current location and changes in gaming trends, the Petitioner, working with the City, started to investigate alternative locations for a new casino.
On October 25, 2022, the City Council approved a Redevelopment Agreement with Penn Entertainment for the Hollywood Casino Development by Ordinance O22-072 for a new casino, hotel, and entertainment venue for the property located on the west side of Farnsworth Avenue, between Bilter Road and Corporate Boulevard.
The Subject Property is made up of several parcels containing approximately 18.68 acres. The parcels located along Farnsworth Avenue are now mostly vacant, which consisted of a former car dealership, the Fox Valley Inn and the Motel 6. The Papa Bear restaurant, which has been closed for several years due to a fire, and the properties along Church Road, consisting of the Gaslite Manor Banquets and C Club, will be demolished as part of this development. Currently, a portion of the parcels are zoned B-3 Business and Wholesale District, and the other parcels are zoned M-1 Manufacturing - Limited District.
The Petitioner is requesting the establishment of a Conditional Use Planned Development, and to change the underlying zoning district for a portion of the property from M-1 Manufacturing - Limited District to B-3 Business and Wholesale District. The details include the approval of a Plan Description that outlines specific requirements and allows for modifications to the zoning ordinance and building code amendments to permit for the construction of a casino, hotel, and entertainment venue. Specifically, the Plan Description establishes additional permitted uses, modifies certain bulk restrictions, which include the reduction of setbacks and establishment of parking requirements, and describes the public improvements that will be completed as part of this development. The plan description also modifies certain building code amendments allowing the sound transmission to revert to the standard language in the International Building Code (IBC) and allows for different building materials for the hotel building. Lastly, it establishes a special sign district to allow for a cohesive sign package consisting of regulations for ground signage including monument signs and directional signs and wall signage including identification wall signs and a number of large digital wall signs.
Concurrently with this proposal, the Petitioner is requesting approval of a Preliminary Plat and Plan. The proposed Preliminary Plat allows for the consolidation of several parcels into one lot and dedication of right of way along Church Road, Bilter Road and Farnsworth Avenue.
The details of the Preliminary Plan request include the construction of new modern casino with approximately 224-room hotel and entertainment venue. The casino includes approximately 1200 gaming positions and a Barstool Sportsbook. The entrainment venue consists of approximately a 12,000 sq. ft. ballroom, 5,000 sq. ft. meeting rooms, and a 13,000 sq. ft. event courtyard. The proposal also includes a spa and a variety of high-quality bars and restaurants within the hotel and the casino.
The proposed access to the property is via Farnsworth Avenue, Bilter Road, Church Road, and Corporate Boulevard with the two main access points being off Farnsworth Avenue. The northernly access is restricted to a right-in right-out and the southernly access is a full signalized access, which lines up with the access into the Chicago Premium Outlet Mall. The Preliminary Plan currently shows a total of 1600 parking spaces on the property with 564 shown as surface parking spaces and 1036 parking spaces within an attached parking garage which is located on the south portion of the proposed building. A minimum of 20 parking spaces will have electric vehicle charging stations.
Stormwater management is not required by City Ordinance, however, the Petitioner, will be installing permeable pavers within parking lot at the southeast corner of the development to provide a water quality treatment (BMPs) as part of the design.
As part of the Preliminary Plat and Plan submittal, the Petitioner, was required to submit a traffic study that would estimate the increase in traffic to this region. This traffic study was reviewed by the City of Aurora and HR Green, the City's consultant, to determine the necessary public improvements required. As part of the approved Redevelopment Agreement, the City is responsible for constructing the roadway improvements for Farnsworth Avenue, Bilter Road and Church Road.
The roadway improvements for Farnsworth Avenue will extend the existing cross section at IL Route 56 south to the tollway ramps. This will generally consist of making a 4-lane roadway into a 6-lane roadway with associated turn lanes and intersection improvements, as necessary.
There are two associated engineering projects currently ongoing on Bilter Road. Bilter Road is classified as a major collector between Farnsworth Avenue and Eola Road, but the four lane road narrows to two lanes between Premium Outlets Boulevard and the Illinois Prairie Path. The future improvements to this section of Bilter Road include widening, as well as adding curb and gutter, street lighting, a bike path, and a sidewalk. The second engineering project will start at the western limit of Premium Outlets Boulevard and continue west to the intersection of Church Rd and Bilter Rd. The western limit will be the storage length of the intersection improvements as determined through the design process.
The roadway improvements for Church Road will include improvements at the intersection with Bilter Road, including turn lanes and a left turn lane into the Casino property from Church Rd. Southern limits of the Church Road improvement will be just south of the southern entrance into the Casino property. The northern limits will be the storage length of the intersection improvements as determined through the design process.
The construction of the City of Aurora roadway improvements along the casino property frontage is expected to be completed by the end of 2025, prior to the planned casino opening.
The building elevations and signage that are found in the packet are preliminary. These will be fully reviewed and approved as part of the Final Plan and Plat Petition.
DISCUSSION:
Over the last few years, Staff has been working collaboratively with the Petitioner to find a suitable location for the Casino that will make it a regional attraction that supports other businesses and provides a revenue source that helps keep property taxes as low as possible for the city's residential and business community. This location is ideal to help bolster the success of the Casino while having minimal traffic impact being located near 1-88 and along an arterial and major collector road.
The City of Aurora held an open house regarding this proposal on May 18th, 2023, with approximately 75 people in attendance. The summary of the open house comments is attached.
Staff has evaluated the proposal with respects to the finding of facts and has found the following:
That the proposed redevelopment should not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare as this is an underutilized property within an important commercial corridor. Therefore, it should help strengthen the City's tax base by providing a revenue stream to the City by a variety of taxes including property, hotel, food and beverage and gaming tax. It also provides additional employment opportunities.
The proposed redevelopment should not be injurious to the use and enjoyment of other property in the immediate vicinity as it should minimally impact the surrounding area with the proposed public improvements that are being constructed. It should also be a benefit as it is bringing additional patrons to the surrounding commercial areas.
The proposed redevelopment should not impede the normal and orderly development as the proposed development is consistent with the surrounding commercial, office, and industrial uses.
There are already adequate utilities, and this property is surrounded by public streets which can serve the proposed development. In addition, there is extensive road improvement being completed as part of the redevelopment.
The proposed redevelopment takes adequate measures to minimize traffic congestion on the public streets. The roadway improvements that are being constructed are designed to not only accommodate the anticipated increase in traffic generated by the relocation of the casino but goes above and beyond and accommodates the anticipated traffic for the year 2050.
Working with the Petitioner, Staff determined that the parking requirement being provided is consistent with the other communities.
Penn Entertainment has done its own analysis and has determined that a hotel is feasible and an important part of the casino complex. Because the Casino is the driving force for the hotel demand, a market feasibility study for the hotel was not requested by the City for this project.
The proposed casino complies in all other respects to the B-3 zoning regulations except those modified within the Plan Description.
The proposal is in accordance with all applicable official physical development policies and other related official plans and policies of the City of Aurora as the development promotes the City as a regional center and promotes the construction of new development contiguous to existing development where existing utilities, public roads, and municipal services are available.
The proposal does represent the logical establishment and/or consistent extension of the requested classification as the uses along Farnsworth Avenue are mainly commercial or office uses. In addition, this would be a natural extension of the zoning as half the property is already zoned B-3 Business and Wholesale.
The proposal is consistent with a desirable trend of development in the general area of the property as the area along Farnsworth Avenue is a predominately a commercial corridor.
The rezoning to B-3 Business and Wholesale will allow uses which are more suitable than uses permitted under the M-1 Manufacturing, Limited zoning as the uses along Farnsworth Avenue are predominately commercial uses and not manufacturing or industrial uses.
The rezoning is a consistent extension of the existing land uses and existing zoning classifications and essential character of the general area. The land uses in this area are consistent with the B-3 Business and Wholesale zoning. In addition, half of the property is already zoned B-3 Business and Wholesale so that would be a natural extension.
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.
11.01(3) To encourage new development contiguous to existing development.
11.01(5) To guide and promote development to areas where public utilities, public roads, and municipal services are either available or planned.
14.0 To plan and provide for the growth of the City while protecting, conserving and enhancing its social, cultural and aesthetic environment and economic resources.
62.01(5) To coordinate development in the vicinity of major intersections and interchanges with the design of street and highway facilities so as to maintain safe and efficient traffic movement
50.0 To promote sound, diversified and organized industrial, office and commercial growth within the City to widen employment opportunities and strengthen the economic base.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the Ordinance Establishing a Conditional Use Planned Development, Approving the Hollywood Casino Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto from B-3 Business and Wholesale District and M-1 Manufacturing - Limited District to B-3(C) Business and Wholesale District with a Conditional Use Planned Development for the property located at West side of Farnsworth Avenue, between Bilter Road and Corporate Boulevard.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Land Use Petition and Support Documents
Maps
cc:
Alderwoman Patricia Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman William “Bill” Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development, Approving the Hollywood Casino Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto from B-3 Business and Wholesale District and M-1 Manufacturing - Limited District to B-3(C) Business and Wholesale District with a Conditional Use Planned Development for the property located at West side of Farnsworth Avenue, between Bilter Road and Corporate Boulevard
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, WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on June 7, 2023, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on June 14, 2023, 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 Section 104.3 of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, and Article V of Chapter 34 of the Code of Ordinances, City of Aurora a Conditional Use permit is hereby granted for a Planned Development for the real estate property legally described in Exhibit “A”.
Section Six: That this Conditional Use permit hereby granted is solely for the purpose of a Planned Development 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 conditional use.
Section Seven: That the Plan Description in the form of Exhibit “B” attached hereto and included herein by reference as if fully set forth and incorporated in and made a part of this Ordinance is hereby approved.
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 conditional 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 Article V of Chapter 34 of the Code of Ordinances, City of Aurora.
Section Ten: That Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto be, and the same are, hereby amended to rezone the real estate property described in Exhibit “A”, from B-3 Business and Wholesale District and M-1 Manufacturing - Limited District to B-3(C) Business and Wholesale District with a Conditional Use Planned Development District. Upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of B-3 Business and Wholesale District shall be in full force and effect.
Section Eleven: That this Planned Development shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Twelve: That all modifications and exceptions under the Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance and the Building Code, as set forth in the Plan Description, are here by granted and approved.