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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: November 8, 2018
SUBJECT:
An Ordinance Approving a Revision to the Savannah Crossing (TMK Aurora Venture, LLC) Plan Description on 1.04 Acres for Property located at 1382 Butterfield Road being north of Butterfield Road and east of Church Road (Woolpert/Popeyes - 18-0845 / BA35/4-17.220-SUPD/R/Fpn - JM - Ward 1)
PURPOSE:
The Petitioner Woolpert on behalf of Popeyes is requesting approval of a Plan Description Revision of the Savannah Crossing (TMK Aurora Venture, LLC) Planned Development District for the property located at 1382 Butterfield Road being north of Butterfield Road and east of Church Road which includes a revision to allow a drive through restaurant with an electronic readerboard sign.
BACKGROUND:
The Subject Property is currently a vacant commercial lot with B-2(S) General Retail District with a Special Use zoning, which is part of the Savannah Crossing (also known as TMK Aurora Venture, LLC) 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 approval of a Plan Description Revision to the Savannah Crossing Planned Development District. The details of the request include revising the Plan Description from allowing up to four drive-through restaurants on Lots 3, 4, 5, 9, 10 or 11 to allowing up to five drive-through restaurants on those lots along with allowing an electronic readerboard monument sign that adheres to the Aurora Sign Ordinance requirements for readerboards. The sign’s height, square footage, and setback requirements will adhere to the existing requirements for outlots, which includes a height of eight feet and area of 50 square feet. This revision will allow the development of Lot 10 with a Popeyes with a drive-through facility.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan for the restaurant. The details of the request include the development of a 2,827 square foot restaurant with 72 seats. Staff worked with this petitioner and the Burger King, which is currently being built on the adjacent property, over the past two years to create a cohesive plan for the two lots to develop with restaurants with drive-through facilities. This included coordinating cross access between the lots in order to limit the access points from the interior drive aisle to the north to one access to alleviate potential traffic backing up onto Church Road. This petitioner worked to align their drive aisles and parking with the Burger King development. The site has two cross access to the Burger King property and has their own access to another interior road to the east. The project has one ordering lane with traffic circulating east to west, one way around the building. There are 10 stacking spaces and 26 parking spaces. Sidewalks will run along the interior access roads. The Landscape Plan features a mixture of trees and a hedgerow along the parking spaces facing Butterfield Road. The Building Elevations depict a building that references Louisiana architecture including being clad in mostly rusticated stone veneer with portions of the side being EIFS along with faux architectural elements, such as a balcony and windows that are covered with louvered shutters.
DISCUSSION:
Staff has reviewed the Special Use Planned Development 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.
When the overall shopping center was originally approved in 2005, the plan description limited drive-through restaurants to two lots. Over the years, the Plan Description has been revised to allow drive-through restaurants on additional lots but limited the number. The one acre size of the lot and its close association with the neighboring lot, which was permitted by right to be developed with a drive-through restaurant, created an opportunity for developers to coordinate similar uses on both lots. This lot has sat vacant for 13 years with no interest from other developers. Therefore, with the coordinated plan to mitigate any traffic concerns, staff supports the Plan Description revision as staff believes an additional drive through restaurant on this lot should not have any negative impact to the 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:
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 An Ordinance Approving a Revision to the Savannah Crossing (TMK Aurora Venture, LLC) Plan Description on 1.04 Acres for Property located at 1382 Butterfield Road being north of Butterfield Road and east of Church Road.
ATTACHMENTS:
EXHIBITS:
Exhibit A - Legal Description
Exhibit B - Plan Description Revision
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 18-0845
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 ________________
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An Ordinance Approving a Revision to the Savannah Crossing (TMK Aurora Venture, LLC) Plan Description on 1.04 Acres for Property located at 1382 Butterfield Road being north of Butterfield Road and east of Church Road
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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, HZ Props Re, Ltd. 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 September 11, 2018, Woolpert on behalf of Popeyes filed with the City of Aurora a petition requesting approval of a Plan Description Revision to the Savannah Crossing (TMK Aurora Venture, LLC) Planned Development District for the property located at 1382 Butterfield Road in the form of Exhibit “B” attached hereto, and have been duly submitted to the Corporate Authorities of the City of Aurora for review for the property described in Exhibit “A”; and
WHEREAS, the Plan Description established for the subject property with Ordinance O05-144 approved December 13, 2005 shall remain in full forth and effect with the exception of the modifications included herein as Exhibit “B”; 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 7, 2018, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on November 15, 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 approval of the revised Plan Description for the property legally described in Exhibit “A” will promote the sound planning and development of the City, and therefore serve the best interests of the 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: That the revised Plan Description in the form of Exhibit “B” attached hereto and included herein by reference as if fully set forth and incorporated in and made a part of this Ordinance is hereby approved.
Section Six: That all modifications and exceptions under the Aurora Zoning Ordinance and all modifications and exceptions from the Aurora Subdivision Control Ordinance, as set forth in the revised Plan Description, are here by granted and approved.