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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: November 26, 2018
SUBJECT:
An Ordinance Granting a Special Use Permit for a Video Gaming Terminals License on the Property located at 2124 W. Galena Boulevard (ACs Pub - 18-0983 / AU19/2-18.190-Su - SB - Ward 5)
PURPOSE:
The Petitioner, AC’s Pub, is requesting approval of a Special Use for a Video Gaming Terminal license, which is located at 2124 West Galena Boulevard, Suite 107, as is required for a new video gaming terminal license that is less than 2,640 feet from another the property line of another licensed establishment, per the Aurora Municipal Code.
BACKGROUND:
The Subject Property is currently zoned B-2(S), General Retail with a Special Use Planned Development. It is located in the Reimers development district. Currently the site maintains an approximately 13,800 square foot multi-tenant retail building that is utilized for retail and restaurant uses. The surrounding area's land use is generally designated by the Aurora Comprehensive Plan as Commercial and Office, with surrounding Low Density Residential. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
With this Special Use proposal, the Petitioner is requesting the addition of five new video game terminals to a restaurant use in Suite 107 of this building. The restaurant is approximately 3,600 square feet. The Aurora City Council approved the Petitioner’s request for an accompanying Class E - Full Menu liquor license on October 9, 2018. The proposed restaurant will maintain ninety-seven seats in a sit-down dining area and sixteen seats at the bar.
Per the Aurora Municipal Code, Sec. 8-131.d.2, it is required that a Special Use is required for a new video gaming terminal license that is less than 2,640 feet from another licensed establishment. This measurement is made from the property line of the business which maintains the active license.
DISCUSSION:
Staff has reviewed the Special Use petition, and has sent comments to the Petitioner based on those submittals. The Petitioner has made the requested revisions to these documents, which now meet the applicable codes and ordinances.
Staff has verified that there is one active Video Game Terminal license within a half-mile of the subject property, ensuring that approval of this Special Use will ensure compliance with the applicable standards, as mentioned above.
Similarly, Staff's land use analysis of active Video Game Terminal Licenses reveals that, despite this single, active license being located relatively close to the Petitioner's business, it is located in a separate shopping center that may provide similar video gaming opportunities to visitors.
Therefore, Staff believes that because the West Aurora Shopping Center and the Reimer Shopping Center is a large retail area serving the west side of Aurora, two licensed establishments with video game terminals would not entail a saturation in this area.
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.
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 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 within the commercial
hierarchy.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the ordinance granting a Special Use permit for a Video Gaming Terminal license on the property located at 2124 West Galena Boulevard.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Active Video Game Terminal Licenses, 1/2 Mile Buffer - Tia Wanna's Cantina - 2018-11-05
Active Video Game Terminal Licenses, 1/2 Mile Buffer - City of Aurora - 2018-11-05
Floor Plan
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 18-0983
cc: 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 2124 W. Galena Boulevard
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, Galena Partners II, 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 October 29, 2018, AC’s Pub 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 8 of East Reimers Subdivision, Resub No. 3, located at 2124 W. Galena Boulevard 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 November 21, 2018, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on November 29, 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 Revision 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 8.3. B-2 General Retail Business District a Special Use permit is hereby granted for a Video Gaming Terminals license 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 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.
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-2(S) General Retail District with a Special Use and upon termination of the use of said property for a Video Gaming Terminals use, this Special Use permit shall terminate and the classification of B-2(S) General Retail District with a Special Use 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.