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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: November 22, 2017
SUBJECT:
An Ordinance Granting a Special Use Permit for a Liquor License within 500 feet of residential property located at 518 S. Lake Street generally located east of Lake Street south of Prairie Street (Diana Muniz - 17-00976 / AU28/2-17.030-Su - TV - WARD 4)
PURPOSE:
The Petitioner, Diana Muniz, is requesting approval of a Special Use for a Liquor License within 500 feet of residential property use at 518 S. Lake Street generally located east of Lake Street south of Prairie Street.
BACKGROUND:
The Subject Property is located at 518 S. Lake Street with B-3 Business and Wholesale zoning. The existing building currently has two commercial units on the first floor. The unit on the north half of the building is currently a retail use and the unit on the south half of the building is currently the Taqueria Muniz restaurant which has been operating at this location since 2002. In addition, there is a woodworking shop in the basement of the building. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is looking to expand the restaurant into about half of the northern unit and is requesting approval of a Special Use for a Class “E” Liquor License since this property is within 500 feet of residential property and not in a shopping center. The restaurant will be renovated to include 126 seats. In addition, the parking lot will be expanded to have a total of 53 parking spaces to comply with the City’s parking regulations. The dumpster enclosure will be relocated in the parking lot and supplemental landscaping will be implemented.
DISCUSSION:
Staff has reviewed the Special Use petition and have determined that it meets the applicable codes and ordinances.
The petitioner has met the minimum requirements established in the Class “E” Liquor Ordinance to obtain the Special Use. The minimum number of seats available in the establishment is 126 and to qualify 125 seats are required. In addition, the parking lot is being enlarged to provide additional parking. This license will only allow for the sale and consumption of alcohol on the premises and service will only be available while food is being served. This has been an established restaurant since 2002.
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.
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.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
RECOMMENDATIONS:
Planning Commission recommended APPROVAL of the Ordinance Granting a Special Use Permit for a Liquor License within 500 feet of residential property located at 518 S. Lake Street generally located east of Lake Street south of Prairie Street
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit "B" Memorandum of Agreement
Land Use Petition with Supporting Documents
Final Plan
Landscaping Plan
Floor Plan
Property Research Sheet
Legistar History Report
Legistar Number: 17-00976
cc:
Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, 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 located at 518 S. Lake Street generally located east of Lake Street south of 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, Jose L & Maria E Muniz, is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated October 18, 2017, Diana Muniz filed with the City of Aurora a petition requesting approval of a Special Use for a Liquor License within 500 feet of residential property use at 518 S. Lake Street generally located east of Lake Street south of Prairie Street; 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 November 22, 2017, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on November 29, 2017, the Planning and 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 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 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 Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 10.6 of the Aurora Zoning Ordinance 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 Six: 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 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-3 Business and Wholesale District with a Special Use and upon termination of the use of said property for a Liquor License within 500 feet of residential property use, this Special 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 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.