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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: September 6, 2018
SUBJECT:
An Ordinance Granting a Special Use Permit for a Video Gaming Terminals License on the Property Located at 4430 Fox Valley Center Drive, Unit 108 (TW Café - 18-0698 / NA21/4-18.141-Su - SB - Ward 10)
PURPOSE:
The Petitioner, TW Restaurant Group, is requesting approval of a Special Use for a Video Gaming Terminal license, which is located at 4430 Fox Valley Center Drive, Unit 108, as is required for a new video gaming terminal license that is less than 2,640 feet from another licensed establishment, per the Aurora Municipal Code..
BACKGROUND:
The subject property is located on Lot 1 of Fox Valley East, Region 1, Unit 8. The zoning of the property is PDD, Planned Development District, and the use shall comply with the standards of the B-1, B-2, B-3, and O zoning districts. This is a multi-tenant building, which is currently being utilized for retail and restaurant use. Additional information on the legislative history of the property can be found in the attached Property Research Sheet.
With this Special Use, the Petitioner is requesting the addition of five new video game terminals to a future restaurant use in Unit 108 of this building. The restaurant will maintain seventy-eight seats in a sit down dining area, and will provide full-menu options for customers. Unit 108 is approximately 1,900 square feet. The Petitioner owns other successful restaurants in Aurora which operate on a similar business model.
Per the Aurora Municipal Code, Sec. 8-131.d.2, it is required that no new video gaming terminal licenses may be issued to any establishment that is less than 2,640 feet from another licensed establishment without a Special Use. This measurement is made from the property line on which the business is located.
DISCUSSION:
Staff has reviewed the Special Use petition and have sent comments back to the Petitioner based on those submittals. The Petitioner has made the requested revisions to those documents and they now meet 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 any public inquiries regarding this petition.
POLICIES AND GUIDELINES:
31.1 (1): To promote the concept of a hierarchy of commercial development consisting
of regional, community and neighborhood commercial centers supported by
requisite population levels, which influence to location, scale and type of
commercial development and redevelopment.
31.1 (3): To promote the development of commercial facilities in existing or planned
commercial areas.
31.1 (5): To promote the vitality of existing commercial centers with the commercial
Hierarchy.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the ordinance granting a Special Use permit for a Video Gaming Terminals license on the property located at 4430 Fox Valley Center Drive, Unit 108.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Floor Plan
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 18-0698
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 ________________
title
An Ordinance Granting a Special Use Permit for a Video Gaming Terminals License on the Property Located at 4430 Fox Valley Center Drive, Unit 108
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, NARE Fox Valley LLC, 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 August 7, 2018, TW Restaurant Group filed with the City of Aurora a petition Requesting approval of a Special Use for a Video Gaming Terminal License within 2,640 feet of another licensed establishment on Lot 1 of Fox Valley East, Region 1, Unit 8 Subdivision located at 4430 Fox Valley Center Drive, Unit 108 and related required documents as attached hereto as Exhibits "A”; 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 September 5, 2018, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on September 13, 2018, 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 Chapter 8, Sec. 8-131.(d)2. of the City's Code of Ordinances, a Special Use permit is hereby granted for a Video Gaming Terminals 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 Video Gaming Terminals license 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.
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 PDD(S) Planned Development District and upon termination of the use of said property for a Video Gaming Terminals license, this Special Use permit shall terminate and the classification of PDD(S) Planned Development District shall be in full force and effect.
Section Eleven: That this Video Gaming Terminals license shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.