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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: July 23, 2015
SUBJECT:
An Ordinance Granting a Special Use Permit for an Automotive Retail (2820) Use with a Final Plan on Lot 9 of Savannah Crossings Subdivision located at 1386 Butterfield Road, Aurora, Illinois, 60502 (Advance Auto Parts/Inland Commercial - L15-00497 / BA36/3-15.016-Su/Fpn - TV - WARD 1)
PURPOSE:
The Petitioner, Inland Commercial Property Management, Inc., on behalf of the tenant Advance Auto Parts, is requesting approval of a Special Use for an Automotive Retail Use (2820) with a Final Plan on Lot 9 of Savannah Crossing Subdivision located at 1386 Butterfield Road.
BACKGROUND:
The Subject Property is located at 1386 Butterfield Road and is currently vacant with B-2(S) General Retail zoning, which is part of the TMK Development Ltd Special Use Planned Development. The property is generally located on the north side of Butterfield Road, west of Kirk Road within the Savannah Crossings Subdivision.
The Petitioner is requesting a special use for an automotive retail use on Lot 9 of Savannah Crossing Subdivision. The details of the proposal includes the construction of a 7,440 square foot building for an Advance Auto Parts store. The plan shows a total of 40 parking spaces, of which 2 are handicapped. There are two access points for this site which are located off the internal road along the north property line. A sidewalk is being constructed on the north and east side of the property to create a more walkable center. The petitioner is proposing an 8' tall monument sign along Butterfield Road. The elevation of the building consists of brick and stone which is in keeping with the architecture of the overall Savannah Crossings Subdivision. Landscaping is being implemented throughout the site which is in accordance with the City’s landscaping requirements. Stormwater management has already been implemented as part of the overall Subdivision.
DISCUSSION:
Staff has reviewed the Special Use & Final Plan 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.
When the overall shopping center development was originally approved in 2005, the plan description prohibited automobile-related uses on all of the outlots, with the exception that if Lot 9 and/or Lot 10 remain unsold after three (3) years, that automobile-related uses would be allowed as a special use.
This lot has been vacant for approximately 10 years, therefore, this use should not have any negative impact to the center.
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.
11.0 To guide the growth of the City in an orderly and structured manner.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1(3) To encourage new development contiguous to existing development.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Ordinance Granting a Special Use Permit for an Automotive Retail (2820) Use with a Final Plan on Lot 9 of Savannah Crossings Subdivision located at 1386 Butterfield Road, Aurora, Illinois, 60502
ATTACHMENTS:
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B-1" Final Plan
Exhibit "B-2" Landscape Plan
Exhibit "B-3" Building and Signage Elevations
Exhibit “B-4” Fire Access Plan
Exhibit "C" Memorandum of Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: L15-00497
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Special Use Permit for an Automotive Retail (2820) Use with a Final Plan on Lot 9 of Savannah Crossings Subdivision located at 1386 Butterfield Road, Aurora, Illinois, 60502
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, TMK AURORA VENTURE LLC is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated June 2, 2015, Inland Commercial Property Management, Inc. filed with the City of Aurora a petition requesting approval of a Special Use for an Automotive Retail Use (2820) with a Final Plan on Lot 9 of Savannah Crossing Subdivision located at 1386 Butterfield Road and related required documents as attached hereto as Exhibits "B-1" through Exhibit “B-4”; 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 July 22, 2015, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on July 30, 2015, the Planning and Development Committee of the Aurora City Council reviewed said Special Use & Final Plan 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 proposed Special Use & Final Plan is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance.
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 all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Three: 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 Four: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, Section 4.3(2820) and Section 10.6, a Special Use permit is hereby granted for an Automotive Retail (2820) use for the real estate property legally described in Exhibit “A”.
Section Five: That this Special Use permit hereby granted is solely for the purpose of a Automotive Retail (2820) use and is subject to all of the conditions set forth herein which shall be binding and remain in full force and effect upon the property, the applicant and his respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Six: That the petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit “C” within fourteen (14) days from the date of passage of this Ordinance and that said Special Use permit is granted with the following conditions:
1. The Petitioner acknowledges that additional regulations may be forth coming on outside repair of vehicles related to Automotive Retail uses and further, the Developer acknowledges that any regulations that may affect all other similar Automotive Retail uses shall be applicable to this Special Use Permit.
Section Seven: That should any of the above-stated conditions not be met or that the property described in Exhibit “A” is not developed in accordance with the plans attached hereto as "Exhibits "B-1” Final Plan, Exhibit “B-2” Landscape Plan, Exhibit “B-3”Building and Signage Elevations, Exhibit “B-4” Fire Access Plan, the City Council shall take the necessary steps to repeal this Ordinance.
Section Eight: That future proposals for expansion or intensification of whatever kind for the property legally described in said Exhibit “A”, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Nine: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of B-2 General Retail and upon termination of the use of said property for an Automotive Retail (2820) use, this Special Use permit shall terminate and the classification of B-3 Business and Wholesale shall be in full force and effect.
Section Ten: That this Automotive Retail (2820) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Eleven: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.