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TO: Mayor Richard C. Irvin
FROM: Planning & Zoning Commission
DATE: November 13, 2024
SUBJECT:
An Ordinance approving a revision to the Savannah Crossing Plan Description on 1.15 Acres for Property located at 1390 Butterfield Road (Panda Express - 24-0839
/ BA36/3-24.426 - CUPD/Fpn - EF - WARD 1) (PUBLIC HEARING)
PURPOSE:
The Petitioner Panda Express is requesting a plan description revision to the Savannah Crossing Conditional Use Planned Development for property located at 1390 Butterfield Road, being North of Butterfield Road and East of Church Road which includes allowing up to 6 drive through restaurants in Parcel B may and allowing a drive through restaurant on Lot 8.
BACKGROUND:
The Subject Property is currently a vacant lot with B-2 (C) Business District General Retail with a conditional use zoning, which is part of the Savannah Crossing Conditional Use Planned Development.
The Petitioner is requesting approval of a Plan Description Revision to the Savannah Crossing Conditional Use Planned Development. The details of the request include revising the Plan Description from allowing up to five drive-through restaurants on Lots 3, 4, 5, 9, 10, and 11 to allowing up to six drive-through restaurants on those lots along with allowing a drive-through on lot 8. The first Ordinance for Savannah Crossing is Ordinance O2005-144. There have been many revisions to this plan description through the years. The most recent plan description revision is Ordinance O2018-090.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan for lot 8 of Savannah Crossing Subdivision. The details of the request include a 2,300 square foot drive through restaurant of fast casual Chinese food. The plan outlines two menu and ordering stations. The drive through allows for a 13 car stack up. This follows the current regulations of 5 stacking spaces at each bay, window, lane, ordering station, machine or similar. The current parking is for 41 spaces with 2 handicapped spaces included. This meets the current parking requirements of Structure 2210: Food and beverage establishments 1 space per 3 seats. The restaurant is proposing 32 seats. There are three points of ingress/egress on the property that lead to private roads of the subdivision. A sidewalk will run along the interior access road. The landscape plan features a mixture of trees and shrubs surrounding the property and buffering Butterfield road.
DISCUSSION:
Staff has reviewed the Conditional Use Ordinance - Planned Development petition and have determined that it meets the applicable codes and ordinances.
Savannah Crossing shopping center was approved in 2005 with a plan description that originally allowed drive-through restaurants on only two lots. The plan description has been revised through the years to allow for additional drive-through restaurants on additional lots but still limited this number. This lot has sat vacant since the construction of this shopping center. Therefore, staff supports the Plan Description Revision as an additional drive-through restaurant is cohesive with the shopping center and will not have a negative impact on the area. While there are many drive-throughs in the area, there is currently no fast casual Chinese food nearby.
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.
Staff has reviewed the Findings of Fact and have determined the following:
1) The establishment, maintenance or operation of the conditional use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
2) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted. It will not substantially diminish and impair property values within the neighborhood; factors including lighting, signage and outdoor amplification, hours of operation, refuse disposal areas and architectural compatibility and building orientation. The establishment meets setbacks, bulk restrictions, sign code, and lighting requirements.
3) The establishment of the conditional use will not impeded the normal and orderly development. It will not impede on improvement of surrounding property for uses permitted in the district.
4) The proposal will provide for adequate utilities, access roads, drainage, and or necessary facilities. Cross access is being provided along the south side of the lot to the parcels to the east and west.
5) The proposal takes adequate measures to provide ingress and egress so designed to minimize traffic congestion. The cars stacking meets the requirements. There are no ingress or egress to any public street, only private roads of the subdivision. There are three accesses total that allow for 2-way traffic. Regional detention for stormwater management is being provided to the north of the property.
6) The conditional use does, in all other respects, conform to the applicable regulations of the Savannah Crossing Conditional Use Development district.
7) The use is permitted by such exceptions necessary or desirable and appropriate with the respect to the primary purpose of the development. The use is defined as a 2530 restaurant with a drive-through facility per the City of Aurora Zoning Ordinance. This use is permitted in the Savannah Crossing Conditional Use Planned Development.
8) The use is permitted by such exception of a nature or so located as to not exercise an undue detrimental influence on the surrounding neighborhood.
9) The use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the zoning district map.
POLICIES AND GUIDELINES :
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.
11.0 To guide the growth of the City in an orderly and structured manner.
31.1(3) To promote the development of commercial facilities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning and Zoning Commission would recommend Approval of the Ordinance approving a revision to the Savannah Crossing Plan Description on 1.15 Acres for property located at 1390 Butterfield Road.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description Revision
Legistar Number: 24-0839
Cc: Alderwoman Patricia Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman William “Bill” Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance approving a revision to the Savannah Crossing Plan Description on 1.15 Acres for Property located at 1390 Butterfield Road
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, Fifth Third Bank, 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 Wednesday, September 18, 2024, Panda Express filed with the City of Aurora a petition requesting a plan description revision to the Savannah Crossing Conditional Use Planned Development for property located at 1390 Butterfield Road, being North of Butterfield Road and East of Church 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 O2005-144 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 due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on Wednesday, November 6, 2024, reviewed the petition and recommended Approval of said petition; and
WHEREAS, on November 13, 2024, the Building, Zoning and Economic 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 and Zoning Commission, finds that the approval of the revised Plan Description for the property legally described in Exhibit “A” will promote the sound Building, Zoning and Economic 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, 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 Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance and Building Code, as set forth in the revised Plan Description, are here by granted and approved.