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TO: Mayor John Laesch
FROM: Planning and Zoning Commission
DATE: November 24, 2025
SUBJECT:
An Ordinance Granting a Conditional Use Permit for a Drive-through Restaurant (2530) Use on the Property Located at 404 N. Eola Road. (The Oakhurst Center, LLC - 25-0845 / NA20/3-25.288-CU/FPN/R - SB - Ward 7)
PURPOSE:
The Petitioner, The Oakhurst Center, LLC, is requesting approval of a Conditional Use for a Restaurant with a Drive-through Facility (2530) use on Lot 2 of the Oakhurst Center subdivision, located at 404 N. Eola Road, which includes an approximately two thousand (2,000) square foot building, with a single drive-through lane with one (1) ordering window and one (1) ordering menu.
BACKGROUND:
The property in question consists of Lot 1 and Lot 2 of the Oakhurst Center subdivision, which are addressed, respectively, as 444 N. Eola Road and 404 N. Eola Road. Lot 1, which is approximately two and a quarter (2.25) acres, contains the existing, approximately twenty-three thousand (23,000) square foot, multi-tenant commercial building, while Lot 2, which is approximately one (1) acre, is a parking lot. Lot 1 and Lot 2 share one hundred, forty-eight (148) parking spaces in the subdivision's existing configuration. The Comprehensive Plan designates the Oakhurst Center as Commercial, while the adjacent block of N. Eola Road is designated as Arterial.
The Final Plat and Final Plan resolution for the Oakhurst Center subdivision was approved per PDFNL05.06. The approved Final Plan from 2005 included the existing building on Lot 1, as well as indication on Lot 2 of a ten thousand (10,000) square foot building footprint outline intended to develop as a commercial building. The intent was to allow for the development of Lot 1 to commence, and to allow for Lot 2 to occur as an outline for future development, with intentions for a Final Plan Revision to be presented when development is ready. As a result, the original Final Plan included layout, parking, landscaping, utilities for both Lot 1 and Lot 2. The approved Final Plan accounted for parking on Lot 1 and Lot 2, with a total of one hundred, fourteen (114) striped parking spaces.
The subdivision includes a dedicated Cross Access Easement across Lot 1 and Lot 2, as well as a twenty-four (24) foot wide Ingress/Egress Easement that allows travel between the Oakhurst Center and its direct access to N. Eola Road, the Avistar subdivision to the south, and the office complex to the north. Direct access to the Subject Property is made via Lot 1’s existing access point, which maintains a single lane for entrance, as well as a single lane for exiting vehicles to turn left or drive straight, and a lane for exiting vehicles to turn right. There is also a left-turn lane on N. Eola Road for vehicles entering the Subject Property.
The Petitioner, the Oakhurst Center, LLC, is requesting approval of a Conditional Use for a Restaurant with a Drive-through Facility (2530) use on Lot 2 of the Oakhurst Center subdivision. The details of the request include a new single lane drive-through restaurant in this existing commercial subdivision
Concurrently with this proposal, the Petitioner, is requesting approval of a Final Plan Revision for Lot 1 and Lot 2 of the Oakhurst Center subdivision. The details of the request includes the construction of an approximately two thousand (2,000) square foot building with a single drive-through lane on Lot 2, as well as changes to the layout of both Lot 1 and Lot 2 to reflect the proposed development. As a result, the plan proposes a total of one hundred, thirty (130) parking spaces: Lot 1 shows seventy-eight (78) parking spaces, while Lot 2 shows fifty-two (52) parking spaces. The minimum parking requirement for the existing multi-tenant retail building is one hundred, nineteen (119) spaces, and the minimum parking requirement for the drive-through restaurant building is eleven (11) spaces. Therefore, the Final Plan Revision, which shows a total of one hundred, thirty (130) parking spaces, is sufficient for the existing and proposed commercial subdivision’s minimum parking requirements. The Stormwater Management for the new development employs the existing utilities that were implemented when the development was constructed in 2005.
The proposed building on Lot 2 is designed as a masonry building with a metal panel roof and cast stone architectural accents, and which is designed to be consistent with the existing building on Lot 1. The proposed building is to be approximately twenty-two (22) feet tall, and is consistent with that of the existing building.
The Landscape Plan indicates new landscaping around the proposed building on Lot 2, as well as throughout the portions of the parking lot on Lot 1 impacted by the proposed development. The Landscape Plan is, in all other respects, in compliance with what was previously approved in 2005.
DISCUSSION:
Staff has reviewed the Conditional Use petition and have sent comments back to the Petitioner on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
There are details of the proposal to be discussed, in addition to what is outlined above in this Staff Report.
In particular, this proposed development is to be fully incorporated to the existing development in a way that is consistent with its built, and planned, commercial nature that was previously reviewed and approved by the City of Aurora in 2005. This proposal for Lot 2 not only reflects the Petitioner’s original intent for a commercial use on Lot 2, but is also designed to reflect the current Zoning code requirements, including minimum parking for Lot 2 and Lot 1, vehicle stacking within the drive-through, and landscaping. In addition, the established minimum parking requirement for the proposed building is based on the standards for Strip Retail, which requires one (1) space per one hundred, seventy-five (175) square feet of Gross Floor Area. If the building on Lot 2 is to remain entirely as a restaurant as it is presently proposed, it cannot exceed thirty-three (33) seats. The minimum parking requirement for a restaurant is one (1) space per three (3) seats. Therefore, the eleven (11) proposed parking spaces dedicated to Lot 2 is sufficient to allow for its development, while allowing the remaining one hundred, nineteen (119) parking spaces to continue serving Lot 1’s existing development.
The development of Lot 2 is designed to be fully incorporated to the existing characteristics of the Oakhurst Center subdivision. The existing access is sufficient to support the full scope of this proposal, but to also fully integrate the flow of traffic in and out of the Subject Property in a way that does not hinder traffic congestion. The Subject Property’s full access point to N. Eola Road was incorporated with the previously approved Final Plan for Lot 1 and Lot 2. An increase of traffic on N. Eola Road, as a result of this proposal, is not likely as a majority of the vehicles entering and exiting the Subject Property would otherwise be making the same trip.
Finally, the Final Plan is showing the minimum requirement of five (5) parking spaces to be contained within the drive-through. The single drive-through lane and single ordering window is proportional to the approximately two thousand (2,000) square foot building, and is unlikely to generate enough traffic to have a significant impact outside of the Subject Property.
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 matter.
FINDINGS OF FACT:
1) Will the establishment, maintenance or operation of the Conditional Use be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare?
Staff does not find the establishment, maintenance or operation of the Conditional Use to be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
2) Will the Conditional Use be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood; factors including but not limited to lighting, signage and outdoor amplification, hours of operation, refuse disposal areas and architectural compatibility and building orientation?
The Conditional Use is not injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood.
3) Will the establishment of the Conditional Use impede the normal and orderly development of surrounding property for uses permitted in the district?
The establishment of the Conditional Use will not impede the normal and orderly development of surrounding property for uses permitted in the district. As previously noted within this Staff Report, Lot 2 was originally platted and planned in 2005 for a commercial out lot. The current proposal is similar to the original proposal in that it shows a nearly identical building layout and flow of traffic through both Lot 1 and Lot 2, with the exception of the new drive-through. Lot 1 remains otherwise unchanged, apart from changes to its parking lot, as a result of the new construction on Lot 2. The establishment of the Conditional Use will not impede the normal and orderly development of surrounding property for uses permitted in the district. The minimum requirement of ten (10) parking spaces is shown, and which is sufficient to be contained entirely within the Subject Property.
4) Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the Conditional Use?
The proposal is shown to connect to the utilities, drainage, and other necessary facilities, which already exist within the Oakhurst Center's subdivision. The Oakhurst Center's existing access point to N Eola Rd is being maintained in its current state with this proposal.
5) Does the proposal take adequate measures, or will they be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets?
The proposal takes adequate measures to provide ingress and egress, so designed to minimize traffic congestion in the public streets. The Subject Property's existing full access to N. Eola Road is remaining in its current state as a full access, and which includes a lane for entry, an exit lane for left-turns and forward traffic, and an exit lane for right-turns. Traffic may also exit the Oakhurst Center from the south towards N. Eola Road via a shared drive with the Avistar subdivision. There is also a left-turn lane on N. Eola Road for vehicles entering the Oakhurst Center subdivision, which is also intended to minimize traffic congestion on the same road.
6) Does the Conditional Use, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the commission?
The Conditional Use does, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the commission.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
14.1 (5): To provide for the visual enhancement of the City through attractive landscaping,
quality signage and diverse building design and arrangement.
31.1 (3): To promote the development of commercial facilities in existing or planned
commercial areas.
32.1 (3): To minimize the adverse effects of commercial activity on neighboring
development, particularly residential and open space areas through the
provision of buffering land uses and/or screening.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the ordinance granting a Conditional Use permit for a Drive-through Restaurant (2530) use on the property located at 404 N. Eola Road.
ATTACHMENTS:
Exhibit "A" - Legal Description
Exhibit "B" - Memorandum of Agreement
Land Use Petition with Supporting Documents
Property Parcel Maps
cc: Building, Zoning, and Economic Development Committee:
Chairperson Mike Saville
Vice Chair Patty Smith
Alderman Javier Banuelos
Alderwoman Juany Garza
Alderman-at-Large Will White
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Conditional Use Permit for a Drive-through Restaurant (2530) Use on the Property Located at 404 N. Eola Road.
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, Oakhurst Center 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 September 23, 2025, The Oakhurst Center, LLC 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 2 of the Oakhurst Center Subdivision, located near the northwest corner of N. Eola Road and E. New York Street," for the property described in Exhibit “A”; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on November 19, 2025, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on November 26, 2025, 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 Sec. 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 Drive-through Restaurant (2530) 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 Drive-through Restaurant (2530) 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 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 Conditional 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 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 the property legally described in Exhibit “A” shall remain in the underlying zoning classification of B-2(C), Business District with a Conditional Use Planned Development and upon termination of the use of said property for a Drive-through Restaurant (2530), this Conditional Use permit shall terminate and the classification of B-2(C), Business District with a Conditional Use Planned Development shall be in full force and effect.
Section Eleven: That this Drive-through Restaurant (2530) shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.