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TO: Mayor John Laesch
FROM: Planning and Zoning Commission
DATE: October 23, 2025
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development and Approving the Scooter’s Plan Description for the Property Located at 1329 North Lake Street. (Koru Group - 25-0625 / AU10/3-25.238-CUPD/FSD/FPN - SB - Ward 6)
PURPOSE:
The Petitioner, Koru Group, is requesting the establishment of a Conditional Use Planned Development on the property located at 1329 North Lake Street, which includes changes to the B-2, Business District - General Retail zoning standards to allow for a new drive-through restaurant as a permitted use, to reduce certain minimum setbacks, and to allow for the existing transitional facility to continue operating as a permitted use.
BACKGROUND:
The Subject Property is currently zoned B-2, Business District - General Retail. The Subject Property is approximately two (2) acres. The Comprehensive Plan designates the Subject Property as Quasi-Public, while the adjacent block of N Lake St is designated as Arterial, and the adjacent block of Sullivan Rd is designated as Major Collector. The Subject Property received its B-2 zoning at the time of its incorporation to Aurora in 1967. The Subject Property was subdivided per PDFNL10-018, which established the Subject Property as Lot 2 of Dolan Subdivision.
The Subject Property is currently occupied by the Fox Valley Adult Transition Center, which is operated by the State of Illinois’s Department of Corrections. This existing use has been in place since at least April of 1972. The existing building, which was built in 1920, is four (4) stories: the first floor is utilized for approximately six thousand, nine hundred (6,900) square feet of offices and meeting space, while the remaining upper three (3) stories are utilized for residents, who are transitioning to the community via discharge from parole. There are sixteen (16) striped parking spaces that serve the transition center. The Subject Property has three (3) existing full access points: the first along the property’s midpoint on N Lake St, the second is on Sullivan Rd, and the third is a shared access point with the Social Security Agency along the southern property line.
The Petitioner, Koru Group, is requesting the establishment of a Conditional Use Planned Development on the property located at 1329 N Lake St. The details of the request include the creation of Parcel A and Parcel B on the Subject Property. Both parcels are to remain within the B-2 zoning district. Parcel A, which is approximately a half acre, includes the proposed Restaurant with a Drive-through Facility (2530) as a permitted use, while also reducing the required minimum setbacks to be reduced as follows: the Front Yard setback along N Lake St is to be reduced from thirty (30) feet to ten (10) feet; the Interior Side Yard setback is to be reduced from eight (8) feet to zero (0) feet; and the Interior Rear Yard setback is to be reduced from eight (8) feet to six (6) feet. Parcel B, which is approximately an acre and a half, allows for the existing Community Residence, Transitional (1530) to continue as a permitted use, and also establishes the minimum parking requirement to be based on one (1) space per four hundred, twenty-five (425) spaces per square feet of Gross Floor Area for the first floor of office space only.
Concurrently with this proposal, the Petitioner is requesting the approval of a Final Plat for Scooter’s Resubdivision, located at 1329 N Lake St. The details of the request include subdividing the existing, approximately two (2) acre property into Lot 1 and Lot 2. Lot 1 is to be approximately a half-acre, while Lot 2 is to be approximately one and a half (1.5) acres, and includes dedication of a new fifteen (15) foot wide City Easement to allow for a new Sanitary line to connect to the proposed multi-tenant retail building. There is also an existing ten (10) foot wide Sidewalk Easement that runs along the Subject Property’s frontage on N Lake St. There is a blanket Ingress & Egress Easement that allows access between lots.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan for Scooter’s Resubdivision. The details of the Final Plan request for Lot 1 includes construction of a new approximately two thousand, eight hundred (2,800) square foot, multi-tenant commercial building that includes a drive-through restaurant. Lot 1 also indicates nineteen (19) striped parking spaces, which exceed the minimum requirement of sixteen (16) spaces for the entire building. The drive-through restaurant includes a single lane, with a single ordering board and a single pick-up window, signifying a minimum stacking requirement of ten (10) spaces, which is provided. The proposed building, which is approximately seventeen and a half (17.6) feet tall, consists of an exterior material that is predominantly gray Hardie Panel and dark Hardie Plank Lap Siding. Landscaping is to be installed per the Zoning code requirements for new construction on Lot 1.
The details of the Final Plan request for Lot 2 include changes to the property as a means to allow the development of Lot 1: the existing access points to N Lake St and Sullivan Rd are being adapted to serve the needs of the proposal, and the layout of the parking lot is being shifted to allow the flow of additional vehicles through its northern half, while still ensuring the minimum parking requirement for the transitional facility is still being satisfied.
Finally, the proposal also includes a five (5) foot wide concrete sidewalk along the Subject Property’s entire frontage on N Lake St. The Subject Property is one of the remaining properties along N Lake St to have a sidewalk installed. Along the Sullivan Rd is an existing eight (8) foot wide path that connects to the western branch of the Fox River Trail.
DISCUSSION:
Staff has reviewed the Conditional Use Planned Development petition and have sent comments back to the Petitioner based on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
In addition to the proposal’s background and nature, Staff feels there is additional discussion necessary as to the benefits and strengths of the proposal.
The proposal effectively leverages the Subject Property’s existing characteristics to maximize its potential for new development and continuing usage. In particular, the layout of the proposed multi-tenant drive-through / retail is designed specifically to maximize the commercial footprint in a way that not only satisfies the minimum parking requirements for the entire building, but also allows for an efficient flow of shared traffic through both Lot 1 and Lot 2. The proposed layout also benefits from the request to reduce setbacks as mentioned previously in this Staff Report. This request also serves to further leverage the Subject Property’s potential: by reducing the exterior setback, the building and parking lot setback is consistent with the existing conditions of this block on the eastern side of N Lake St, while also implementing a new sidewalk and landscaping that compliments the existing and proposed built environment.
The access point on N Lake St is being widened from approximately fourteen (14) feet to twenty-five (25) feet at the property line, while the access point on Sullivan Rd is being widened from approximately fifteen (15) feet to twenty-five (25) feet at the property line, while also being shifted to the east, as a means to reduce conflict between vehicles that turn left out of the Subject Property, and vehicles that are turning left onto Sullivan Rd from Offutt Ln. The minimum landscaping requirement for Lot 2 is limited to the areas surrounding the proposed improvements, which is the new sidewalk along its frontages on N Lake St and Sullivan Rd, as well as north of the new parking spaces along Sullivan Rd.
As previously mentioned in this Staff Report, the northern access point on N Lake St and Sulivan Rd are to receive improvements with this proposal. These improvements are designed to not only support the full scope of this proposal, but also fully integrate the flow of traffic in and out of the Subject Property in a way that does not hinder traffic congestion at the adjacent intersection.
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.
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 believe the establishment, maintenance or operation of the conditional use will 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. The proposal provides new commercial opportunities at one of Aurora’s major gateway intersections, and also incorporates the Subject Property’s existing use and form by addressing its unique legally nonconformities. Therefore, Staff feels the proposal serves the public interest in these various ways.
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?
Staff does not feel the conditional use will 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. The proposal goes to great lengths to incorporate the new and existing development into the surrounding, built environment.
3) Will the establishment of the conditional use impede the normal and orderly development and improvement of surrounding property for uses permitted in the district?
Staff does not feel the establishment of the conditional use will impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Staff feels the new commercial development on Lot 1 is adequately integrated to the adjacent intersection’s built environment through its utilization of existing access points and means of traffic control; public improvements in the form sidewalks on both frontages that allow for pedestrian and bicycle access; building orientation and landscaping that are consistent in nature with the surrounding built form; and also in the construction of a new multi-tenant commercial development at this important gateway intersection.
4) Will the proposal provide for adequate utilities, access roads, drainage, and/or necessary facilities as part of the conditional use?
Staff feels the proposal provides adequate utilities, access roads, drainage, and/or necessary facilities as part of the conditional use. These resources are already in place at the adjacent intersection, and are shown to support the proposed development.
5) Does the proposal take adequate measure, or will they be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets?
Staff feels the proposal takes adequate measure to provide ingress and egress that is designed to minimize traffic congestion in the public streets. This is evident in the proposed improvements to both existing access points. The width of the existing access point on N Lake St is being expanded to twenty-five (25) feet, which will serve the new commercial development, as well as the existing transitional facility. The existing access point on Sullivan Rd is not only being expanded to twenty-five (25) feet, but is also being shifted to the east, so that it more closely aligns with Offutt Ln, which is located to the north. Shifting the access to the east will be create less conflict between vehicles turning left out of the Subject Property and those also making left turns from Offutt Ln. In addition, the access to N Lake St is remaining as a full access, due to the raised median, while the access to Sullivan Rd is remaining as a full access to improve the ability of left-turning vehicles into the Subject Property.
6) Does the conditional use in all other respects conform to the applicable regulations of the district in which it is located, except as in each instance may 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.
7) Are the uses permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development?
Staff feels the uses permitted by such exceptions are necessary, desirable, and appropriate with respect to the primary purpose of the development. The proposed Conditional Use Planned Development serves as a means to maximize the Subject Property’s existing commercial zoning via the proposed multi-tenant drive-through, while also incorporating the existing legally nonconforming use that exists in the form of the transitional facility.
8) Are the uses permitted by such exception of a nature or so located as to not exercise an undue detrimental influence on the surrounding neighborhood?
Staff feels the uses are permitted by such exception of a nature, or so located, as to not exercise an undue detrimental influence on the surrounding neighborhood. Staff believes the proposal is crafted in a way that removes any potential undue detrimental influences on the surrounding neighborhood.
9) Are the use exceptions so allowed reflected by the appropriate zoning district symbols and so recorded on the zoning district map?
Staff believes the use exceptions so allowed are reflected by the appropriate zoning districts symbols and are so recorded on the zoning district map.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1 (3): To encourage new development contiguous to existing development.
14.1 (4): To encourage quality site design throughout the City of Aurora.
31.1 (4): To encourage the development of multiple use commercial, employment,
and service centers.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the ordinance establishing a Conditional Use Planned Development and approving the Scooter’s Plan Description for the property located at 1329 North Lake Street.
ATTACHMENTS:
Exhibit "A" - Legal Description
Exhibit "B" - Plan Description
Land Use Petition with Supporting Documents
Property Parcel Maps
Findings of Fact
cc: Building, Zoning, and Economic Development Committee:
Alderman Michael Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Javier Bañuelos
Alderwoman Juany Garza
Alderman Will White
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development and Approving the Scooter’s Plan Description for the Property Located at 1329 North Lake Street.
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, Elevate Aurora, 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 6, 2025, Scooter's Coffee filed with the City of Aurora a petition Requesting the establishment of a Conditional Use Planned Development on the property located at 1329 North Lake Street, in the form of Exhibit “B” attached hereto, and have been duly submitted to the Corporate Authorities of the City of Aurora for review 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 October 22, 2025, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on October 29, 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 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 VI 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 Section 34.601 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, Business District - General Retail, and upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of B-2, Business District - General Retail 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 as set forth in the Plan Description, are hereby granted and approved.