File #: 24-1190B    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 10/18/2024 In control: City Council
On agenda: 11/5/2024 Final action:
Title: Pass the ordinance granting a major change to the Fox River Commons Planned Unit Development and a conditional use for an amusement establishment at 804 S IL Route 59 (Activate Games) - PZC 24-1-107
Attachments: 1. Ordinance, 2. Exhibit A - Legal, 3. Exhibit B - Location, 4. Exhibit C - Standards, 5. Petition, 6. Description of Proposed Use, 7. Disclosure of Beneficiaries (petitioner signed), 8. Parking Summary, 9. PZC Meeting Minutes 10-16-24 DRAFT, 10. Proposed elevations
Related files: 24-1190

CITY COUNCIL AGENDA ITEM

 

ACTION REQUESTED:
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Pass the ordinance granting a major change to the Fox River Commons Planned Unit Development and a conditional use for an amusement establishment at 804 S IL Route 59 (Activate Games) - PZC 24-1-107

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Adam Beaver, AICP, Community Planner

 

ENTITLEMENTS REQUESTED:

1.                     A Major Change to the Fox River Commons Planned Unit Development.

2.                     A conditional use pursuant to Section 6-7B-3 (B2 Community Shopping Center District /Conditional Uses) for an amusement establishment.

 

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 24-1-107 on October 16, 2024 and recommended approval of the request (approved 7-0). Staff concurs. 

 

BACKGROUND:

The subject property is located on the East side of S Route 59 between La Fox Avenue and Ogden Avenue.  It is zoned B2 PUD and is developed with a single-story commercial building that is part of the larger Fox River Commons shopping center. The petitioner, Activate Naperville, LLC, is seeking to utilize the approximately 11,900 square foot building as an amusement establishment. 

 

DISCUSSION:

The petitioner requests approval of a major change to the Fox River Commons Planned Unit Development per Section 6-4-6:1 of the Naperville Municipal Code. A major change to the PUD is necessary due to the conditional use request for an amusement establishment.

 

The petitioner is also requesting a conditional use for an amusement establishment pursuant to Section 6-7B-3 (B2 Community Shopping Center District /Conditional Uses) of the Municipal Code.

 

The petitioner currently operates numerous Activate Games locations in the United States and Canada and is proposing to open a location in Naperville. The proposed use is not anticipated to negatively impact the other businesses in the shopping center with the petitioner proposing to be the single tenant in an outlot building and the center having adequate parking available to accommodate the proposed use.

 

The City’s Land Use Master Plan identifies the future place type for the subject property as Urban Center. Staff finds the proposed use to be compatible with this designation as entertainment uses are identified as a primary use in this place type. Staff is supportive of the major change and conditional use requests.

 

Planning and Zoning Commission Action

The Planning and Zoning Commission conducted the public hearing to consider PZC 24-1-107 on October 16, 2024. No members of the public provided testimony on the request. Commissioner Bansal asked the petitioner if they will serve food and beverages. The petitioner stated that no food or beverages are offered. Commissioners King and Van Someren voiced their support for the request. The PZC closed the public hearing and voted to recommend approval of the request (7-0). Staff concurs with the Planning and Zoning Commission’s recommendation.

 

Key Takeaways

                     The petitioner requests a major change to the Fox River Commons PUD and conditional use approval pursuant to Section 6-7B-3 (B2 Community Shopping Center District/ Conditional Uses) of the Naperville Municipal Code to operate an amusement establishment. The PZC and Staff support the requested major change and conditional use approval.

 

Findings of Fact

The petitioner’s responses to the Standards for Granting or Amending a Planned Unit Development and responses to the Standards for Granting a Conditional Use can be found in the attachments. Staff concurs with the petitioner’s findings and recommends their approval by the City Council.

 

RELATED FILES

24-1190

 

FISCAL IMPACT:

N/A