CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance revoking Ordinance 72-052 as it applies to the approximately 8-acre commercial shopping center generally located at the southwest corner of Chicago Avenue and Olesen Drive (Heinen’s and McAlister’s) (Item 1 of 5)
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Adam Beaver, AICP, Community Planner
ENTITLEMENTS REQUESTED:
1. Revocation of ordinance 72-052.
BOARD/COMMISSION REVIEW:
Planning and Zoning Commission review was not required in relation to the proposed revocation of Ordinance 72-052; however, the PZC was provided information on this request for reference in relation to the Heinen’s case (PZC 23-1-111). Notice of the proposed revocation was provided on April 14, 2024 in advance of the PZC public hearing on Heinen’s.
BACKGROUND:
The Subject Properties, generally referred to as Heinen’s property and McAlister’s property, are located on the south side of East Chicago Avenue between Pembroke Road and Olesen Drive and together are approximately 8.13 acres in size. The Heinen’s property includes the current common street addresses of 1256, 1260, 1262, 1264, 1266, 1268, 1270, 1272, 1274, 1276, 1280, 1284, 1290 E Chicago Avenue with a proposed new address of 1244 E Chicago Avenue, and the McAlister’s property has a common address of 1296 E. Chicago Avenue (referred to herein as the “Subject Properties”). The Subject Properties are currently zoned B1 (Neighborhood Convenience Shopping Center District).
DISCUSSION:
In 2023 the City Council approved the rezoning of McAlister’s property to B1 with a conditional use for a restaurant. Heinen’s, Inc. is currently seeking approval to rezone their property from B1 to OCI with a conditional use for general retail to allow for the redevelopment of the property as a Heinen’s grocery store. Heinen’s and McAlister’s are seeking revocation of Ordinance 72-052 as it applies to the Subject Properties.
Revocation of Ordinance No. 72-052
On September 11, 1972, the City Council approved Ordinance 72-052, which rezoned the Subject Properties to the B1 zoning district and specified use classifications and restrictions, limitations, regulations, conditions, and a controlling site plan. The majority of the conditions included in Ordinance 72-052 are applicable to the Heinen’s property. However, the Ordinance is recorded against both the Heinen’s and McAlister’s properties and will therefore be revoked as to both properties.
It should be noted that several conditions from Ordinance 72-052, as further described in the next section of this memo, will be carried over to the new ordinance granting the conditional use for the Heinen’s property (also included in the Heinen’s agenda item). In response to Heinen’s zoning requests staff is also proposing new conditions in the conditional use ordinance that will be applicable to the Heinen’s property, also described below. Upon passage of the proposed conditional use ordinance for Heinen’s property, any future changes proposed to that ordinance, or to the exhibits attached to it (i.e., site plan, landscaping plan, building elevations), will be subject to City review in accordance with Section 6-3-8:6 (Changes to An Approved Conditional Use) of the Naperville Municipal Code.
As noted above, Ordinance 72-052 will also be revoked as it applies to the McAlister’s property. However, the conditional use ordinance referenced below will be applicable only to the Heinen’s property and will not affect the McAlister’s property.
It is important to note that the City Council will be asked to vote on the proposed conditional use ordinance and the rezoning of the Heinen’s property to OCI through an agenda item immediately following the revocation of Ordinance 72-052. Should the City Council be opposed to Heinen’s proposed rezoning or conditional use requests, staff asks that the City Council not approve the request to revoke Ordinance 72-52 at this time.
Staff finds that revocation of Ordinance 72-052 and subsequent adoption of a conditional use ordinance for the Heinen’s property will result in a more transparent ordinance and overall process related to development of that property.
Revocation subject to Approval of Conditional Use Ordinance
Revocation of Ordinance 72-52 is recommended only if the conditional use ordinance applicable to Heinen’s Property is passed as noted above. Said proposed conditional use ordinance has been drafted to include certain conditions that were part of Ordinance 72-052 as well as new conditions all as outlined below:
Carry-Over Conditions from Ordinance 72-052:
(Note: prior language has been modified to reflect existing conditions)
• A minimum of 0.7 acres of the Heinen’s property along Pembroke Road shall be maintained as permanent open space generally located in the area depicted on the Landscape Plan and hereinafter referred to as “Permanent Open Space”. Said Permanent Open Space shall include the existing berm which shall be maintained in its current location as specified on the Landscape Plan and to the existing height depicted on the Engineering Plan. In addition, the Petitioner shall install an additional 20 landscape items (5 white fir trees and a variety of shrubs and ornamental grasses) at the south end of the existing berm, as depicted on the Landscape Plan, prior to issuance of a Final Occupancy Permit for the Heinen’s property.
• A 6’ tall solid stockade (board-on-board) fence shall be installed and maintained along the south property line of the Heinen’s property as it abuts the northern and eastern property lines of the Naperville Park District property, in the location depicted on the Site Plan. Said fence shall be installed prior to issuance of a Final Occupancy Permit for the Heinen’s property.
• Access to and/or from the Heinen’s property shall be prohibited from Pembroke Road.
New Conditions Proposed:
• A sound barrier varying in height between 8’ and 12’ shall be installed and maintained in the vicinity of the south property line of the Heinen’s property, as depicted on the Site Plan and as recommended in the Petitioner’s Sound Study attached hereto, in order to comply with Section 6-14-4 (Standards: Noise) of the existing Naperville Municipal Code for noise as measured at the property line. The Petitioner shall also install sound absorbing panels on the south wall of the building near the loading dock as depicted on the Site Plan. Said sound wall and acoustic panels shall be installed prior to issuance of a final occupancy permit for the Heinen’s property. If, following installation of the sound wall and/or sound absorbing panels, the Heinen’s property results in the generation of any continuous and sustained noise at the property lines of the Subject Property in excess of the limits established in Section 6-14-4, the Petitioner shall be required to take further steps to mitigate said noise to bring it into compliance with Code allowances.
• All deliveries and garbage pick-up on the Heinen’s property must occur between the hours of 7:00 a.m. and 7:00 p.m.
• Any change proposed to the conditions set forth in the conditional use ordinance shall be processed as a Major Change pursuant to the provisions of Section 6-3-8:5 (Changes to Approved Conditional Uses) of the Naperville Municipal Code.
Key Takeaways
§ The owners of the Heinen’s property and the McAlister’s property as described herein are requesting revocation of Ordinance 72-052 as it pertains to said properties. Subject to City Council approval of the rezoning and conditional use ordinances for the Heinen’s property, which are the subject of separate Agenda items, Staff recommends approval of this request.
FISCAL IMPACT:
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