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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: April 5, 2018
SUBJECT:
An Ordinance Granting Revisions to the Special Use Permit for Parts of Lot 3 and Lot 4 of West Aurora Plaza Subdivision located at 1971 W. Galena Boulevard from B-2(S) General Retail District with a Special Use Planned Development to B-2(S) General Retail District with a Special Use for a Special Purpose Recreational Institution (5200) use (Mega Fun Park LLC - 17-01173 / AU18/4-17.176-SU/R - JM - Ward 5)
PURPOSE:
The Petitioner Mega Fun Park LLC is requesting the approval of a Special Use Revision from B-2(S) General Retail District with a Special Use Planned Development to B-2(S) General Retail District with a Special Use for a Special Purpose Recreational Institution (5200) use which includes the development of the parcel with an indoor family recreational center that features a trampoline park, bowling alley, restaurant and other indoor activities geared towards children.
BACKGROUND:
The Subject Property is currently commercial with B-2(S) General Retail District with a Special Use Planned Development zoning, which is part of the West Aurora Plaza Special Use Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting the approval of a Special Use Revision, which includes revising the Special Use to remove the West Aurora Plaza Special Use Planned Development and adding a straight Special Use for a Special Purpose Recreational Institution (5200) use. The removal of the Special Use Planned Development is consistent with other current planning initiatives for the properties in West Aurora Plaza.
The details of the request include developing the parcel with an indoor family entertainment center. The project will be divided into three phases. The first phase will be the development of approximately 35,000 square feet of the current vacant store with a trampoline park, bowling alley, dodge ball, basketball, inflatable children area, climbing wall, and other similar activities. This phase also includes the development of a restaurant and bar. The applicant will be pursuing a Class S Recreational Facility liquor license. The second phase would be the creation of an indoor go kart racing area in the remaining approximately 34,000 square feet of the vacant store. The third phase is envisioned as an indoor sky diving area that would occupy the approximately 29,000 square feet of the area that currently houses Big Lots. The third phase is a future project if the Big Lots is no longer in the space and would involve major renovations to the building.
DISCUSSION:
Staff has reviewed the Special Use Revision 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.
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.
11.1 (3) To encourage new development contiguous to existing development.
31.1 (3) To promote the development of commercial facilities in existing or planned commercial areas..
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the An Ordinance Granting Revisions to the Special Use Permit for Parts of Lot 3 and Lot 4 of West Aurora Plaza Subdivision located at 1971 W. Galena Boulevard from B-2(S) General Retail District with a Special Use Planned Development to B-2(S) General Retail District with a Special Use for a Special Purpose Recreational Institution (5200) use.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Exhibit “B” Memorandum of Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Floor Plan
Legistar History Report
Legistar Number: 17-01173
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 Revisions to the Special Use Permit for Parts of Lot 3 and Lot 4 of West Aurora Plaza Subdivision located at 1971 W. Galena Boulevard from B-2(S) General Retail District with a Special Use Planned Development to B-2(S) General Retail District with a Special Use for a Special Purpose Recreational Institution (5200) use
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 Aurora Partners 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, the City of Aurora has approved ordinances and resolutions establishing Special Uses and Special Use Planned Developments, commonly known as West Aurora Plaza, along with subsequent amendments that impact the real estate property legally described in Exhibit “A”;
WHEREAS, the historical record of the previous Special Uses and Special Use Planned Development is not clear and no longer reflect the current or proposed uses;
WHEREAS, by petition dated December 11, 2017, Mega Fun Park LLC filed with the City of Aurora a petition requesting the approval of a Special Use Revision from B-2(S) General Retail District with a Special Use Planned Development to B-2(S) General Retail District with a Special Use to allow for a Special Purpose Recreational Institution (5200) use at 1971 W. Galena Boulevard; 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 April 4, 2018, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 12, 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 10.6 and Section 4.3 (5200) a Special Use permit is hereby granted for a Special Purpose Recreational Institution (5200) use for the real estate property legally described in Exhibit “A”.
Section Six: That all previous ordinances and resolutions establishing Special Uses and Special Use Planned Developments, commonly known as West Aurora Plaza, are hereby expressly repealed.
Section Seven: That this Special Use permit hereby granted is solely for the purpose of a Special Purpose Recreational Institution (5200) 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 Eight: 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 Special Use permit is granted.
Section Nine: 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 Ten: 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 Eleven: 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 Special Purpose Recreational Institution (5200) use, this Special Use permit shall terminate and the classification of B-2 General Retail District shall be in full force and effect.
Section Twelve: That this Special Purpose Recreational Institution (5200) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.