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TO: Mayor Thomas J. Weisner
FROM: Tracey M. Vacek, Planner
DATE: May 14, 2015
SUBJECT:
An Ordinance Annexing Certain Property being Vacant Land located at the southwest corner of Butterfield Road and Farnsworth Avenue to the City of Aurora, Illinois, 60502, pursuant to an Approved Annexation Agreement (CIMA Developers, Inc - L14-00808 / BA36/3-13.217-PA/A - TV - Ward 1)
PURPOSE:
The Petitioner, CIMA Developers, Inc is requesting approval of an Annexation of 1.81 acres located at southwest corner of Butterfield Road and Farnsworth Avenue, pursuant to the approved PAS Plaza Annexation Agreement.
BACKGROUND:
The Subject Property is located at the southwest corner of Butterfield Road and Farnsworth Avenue. The Property consists of several parcels, three of which are unincorporated, one zoned B-3 and the other portion is comprised of an existing gas station with B-3(S) zoning which was constructed in the mid 80's, being a total of 5.035 acres.
The Annexation Agreement, Annexation, Rezoning and Special Use, and Preliminary Plan and Plat are being review and approved concurrently under separate actions.
The Annexation Agreement and Annexation are being requested for that portion of the property which is unincorporated, consisting of 1.81 acres, at 33W991 and 34W015 Butterfield Road. Although the annexation agreement will allow for the B-2(S) General Business District and OS-1(S) Conservation, Open Space and Drainage District with a Special Use Planned Development, the properties will be annexed into the City initially as R-1 One-family Dwelling District.
The Subject Property will then be rezoned from R-1, B-3, and B-3(S) to B-2(S) General Business District and OS-1(S) Conservation, Open Space and Drainage District with a Special Use Planned Development to create a cohesive commercial development. The Plan Description being proposed includes a few variations to the Aurora Zoning Ordinance. The first variation includes allowing the gas station and up to two drive-throughs as permitted uses and prohibiting other certain uses in the B-2 zoning district. The other variation is a reduction to the front and rear yard setback. The front yard will be reduced from 30 feet to 25 feet along Butterfield Road and Farnsworth Avenue and the rear yard setback will be reduced from 8 feet to 0.4 along the stormwater facility lot. The plan description allows for the existing gas station setbacks to remain until such time that the site is redeveloped.
The Preliminary Plan and Plat consists of subdividing the property into five lots. Lots 1 will contain the existing gas station and Lots 2, 3, and 5 will be developed with three new retail buildings, all of which will be zoned B-2(S). Lot 2, located along Farnsworth Avenue, will contain a 1,870 sq. ft fast food restaurant building with a drive-through. Lots 3 consists of a 10,000 sq. ft retail center with a drive-through and Lot 5 consists of a 7,440 sq. ft retail building, both of which front on Butterfield Road. The three new buildings are proposed to have a total of 125 parking spaces and an additional 12 parking spaces will be constructed in the rear of the existing gas station building which meets the City's parking requirement.
Besides the existing access points into the gas station, one additional access point is proposed along Butterfield Road. Cross access is being provide throughout this development as well as the retail center directly west of this property. Stormwater detention is also being provided within Lot 4 of this development and will be zoned OS-1(S).
Building elevations and landscaping will be subject to review and approval at the Final Plan and Plat time.
DISCUSSION:
Staff has reviewed the Annexation petition, submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1(3) To encourage new development contiguous to existing development,
11.1(5) To guide and promote development to area where public utilities, public roads and municipal services are either available or planned;
14.1(4) To encourage quality site design throughout the City;
14.1(5) To provide for the visual enhancement of the City through attractive landscaping, quality signage and diverse building design and arrangement;
63.1(1) To promote an integrated pedestrian circulation system in the City.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Annexing Certain Property being Vacant Land located at the southwest corner of Butterfield Road and Farnsworth Avenue to the City of Aurora, Illinois, 60502, pursuant to an Approved Annexation Agreement.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Annexation Plat
Property Research Sheet
Land Use Petition and Supporting Documents
Alta Survey
Legistar History Report
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Annexing Certain Property being Vacant Land located at the southwest corner of Butterfield Road and Farnsworth Avenue to the City of Aurora, Illinois, 60502, pursuant to an Approved Annexation Agreement
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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, Angel Associates, LP, 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 above-mentioned party, as owner of record of the real estate legally described on Exhibit “A”, entered into an Annexation Agreement with the City of Aurora providing, pursuant to annexation, that said real estate be placed in a certain zoning category; and
WHEREAS, said Annexation Agreement as approved by the City, is hereby made a part hereof and incorporated herein by reference as if fully set forth; and
WHEREAS, by petition dated June 18, 2013, the above-named owner petitioned the City of Aurora to annex the real property legally described on said Exhibit “A” to the City of Aurora, in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (65 ILCS(1994) 5/7-1-8); and
WHEREAS, the above-named party, as owner of record of the real estate legally described on said Exhibit “A”, requested that the property be zoned pursuant to the provisions of Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto; and
WHEREAS, the corporate authorities of the City of Aurora have determined that the property is contiguous to the City of Aurora and is not within the corporate limits of any other municipality and that the petition in all other respects conforms to the requirements of law; and
WHEREAS, due statutory notice has been given to those entities listed in the affidavit and Annexation Notification List attached hereto as Exhibit “C”, being the County and City Election Commissions, County Auditor, Township Board, Township Highway Commissioner, any Fire Protection District and any Public Library District in which the real property legally described on said Exhibit “A” is located.
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 the real estate described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, be, and the same is hereby annexed to the City of Aurora, Illinois.
Section Three: That the property to the far side of any adjacent public right-of-way within said annexed area, and the same is, hereby also annexed to the City of Aurora, Illinois.
Section Four: That the corporate limits of the City of Aurora, and the same are, hereby extended to include the territory hereby annexed to the City of Aurora, Illinois.
Section Five: That the real estate legally described on said Exhibit “A” is hereby placed in the R-1 One-Family Dwelling District zoning classification of Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, pursuant to Section 3.2-8 of said Ordinance.
Section Six: That the City Clerk of the City of Aurora is hereby authorized and directed to file with the applicable County Recorder of Deeds a certified copy of the Ordinance, together with an accurate plat of the territory annexed, which plat shall be certified as to its correctness and attached hereto as Exhibit “B”.
Section Seven: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Eight: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Nine: 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.