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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: February 23, 2024
SUBJECT:
An Ordinance Granting a Conditional Use Permit for a Special Purpose Recreational Institutions Use on the Property located at 4304 E. New York Street (Infunite Ltd - 24-0111 / NA21/2-24.037-CU - TV - Ward 10)
PURPOSE:
The Petitioner, Infunite Ltd, is requesting approval of a Conditional Use for a Special purpose recreational institution use on property located at 4304 E. New York Street which includes the renovation of this unit into a family friendly arcade with party rooms.
BACKGROUND:
The Subject Property is currently within the Pacifica Square shopping center with B-2(C) General Retail District with a Conditional Use zoning, which is part of the Yorkshire Plaza Conditional Use Planned Development. This unit was formerly occupied by an In and Outlet retail store. Prior to that, the unit was vacant for a long period of time.
The Petitioner is requesting approval of a Conditional Use for a Special purpose recreational institution use. The details of the request include the renovation of this unit into a family friendly 17,000 square foot arcade with party rooms. The arcade consists of claw machines and pool tables which will be located throughout the unit. There will be two themed party rooms, two regular party rooms, two dance stages, an interactive music keyboard and a media room suitable for hosting parties and social gatherings. In addition, the Petitioner is proposal a small restaurant to serve the patrons of the arcade. No liquor license is being requested by the Petitioner.
DISCUSSION:
Staff has reviewed the Conditional Use Ordinance petition and have determined that it meets the applicable codes and ordinances.
In addition, Staff has evaluated the proposal based on the Findings of Fact and have found the following:
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?
This establishment will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare as it is within the Route 59 commercial corridor in an existing shopping center with adequate parking.
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?
This establishment will not 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 as this is within a unit of an existing commercial shopping center. The orientation of the overall building is toward Route 59 and New York Street which are both arterial streets.
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?
This establishment will not impede the normal and orderly development and improvement of the surrounding properties as there is no change to the existing layout.
4. Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
Utilities are already provided as this is an existing building. In addition, there are three access points into this shopping center that serve this building, two of which are major arterial streets.
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? (For automobile intensive uses including but not limited to, gas stations, car washes, and drive through facilities, the concentration of similar uses within 1000 feet of said subject property should be given consideration as to the impact this concentration will have on the traffic patterns and congestion in the area.)
There are three access points into this shopping center which will help minimize the traffic congestion on the public streets as the patrons will be using different ways to enter and exit the center.
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?
This establishment does conform in all other respects to the applicable regulations of the district in which it is located.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received public inquiries requesting additional information on 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.
11.0 To guide the growth of the City in an orderly and structured manner.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1(3) To encourage new development contiguous to existing development.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the Ordinance Granting a Conditional Use Permit for a Special Purpose Recreational Institutions Use on the Property located at 4304 E. New York Street.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Land Use Petition with Supporting Documents
Floor Plan
Maps
Legistar Number: 24-0111
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 Granting a Conditional Use Permit for a Special Purpose Recreational Institutions Use on the Property located at 4304 E. New York 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, Pacific Square, LLC C/O DLC Management Corporation, 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 January 24, 2024, Infunite Ltd filed with the City of Aurora a petition requesting approval of a Conditional Use for a Special purpose recreational institution use on property located at 4304 E. New York Street; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on February 21, 2024, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on February 28, 2024, 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 Special purpose recreational institutions (5200) use 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 Special purpose recreational institutions (5200) 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) General Retail District with a Conditional Use Planned Development and upon termination of the use of said property for a Special purpose recreational institutions (5200), this Conditional Use permit shall terminate and the classification of B-2(C) General Retail District with a Conditional Use Planned Development shall be in full force and effect.
Section Eleven: That this Special purpose recreational institutions (5200) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.