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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: November 15, 2016
SUBJECT:
An Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for B-2(S) General Retail and OS-1(S) Conservation, Open Space, and Drainage zoning with a Special Use Planned Development zoning for the territory which may be Annexed to the City of Aurora located at the northeast corner of 5th Avenue and Hill Avenue in Kane County, Aurora Illinois 60505 (Cinco De Mayo Bakery, Inc., an Illinois Corporation F/K/A La Original Chicanita Bakery, Inc., an Illinois Corporation - 16-00581 / AU26/2-14.024-AA/A/SU/FSD/FPN - AM - Ward 7)
PURPOSE:
The Petitioner Cinco De Mayo Bakery, Inc. is requesting approval of an Annexation Agreement for 4.99 acres located at 424 and 434 Hill Avenue being the northeast corner of 5th Avenue and Hill Avenue for a retail development with B-2(S) General Retail and OS-1(S) Conservation, Open Space, and Drainage zoning with a Special Use Planned Development.
BACKGROUND:
The Subject Property is located at the northeast corner of 5th Avenue and Hill Avenue. The property is currently unincorporated with Kane County B-3 Business District, B-4 Business District, and F Farming District zoning. The Subject Property sits on a very prominent corner on two gateways into the near east side of Aurora. Currently there are two vacant commercial buildings on the site which are in an advanced state of dis-repair. One building was previously a restaurant/bar and the other was a convenience store. The Petitioner has just recently acquired the property and plans to demolish these buildings. There were also two billboards on the property which the Petitioner has removed. Additional information on the property can be found in the attached Property Information Sheet.
The details of the Annexation Agreement include provisions to annex and establish a Special Use Planned Development with B-2(S) General Retail and OS-1(S) Conservation, Open Space, and Drainage underlying zoning on the Subject Property; the dedication of right of way and roadway improvements for Hill Avenue and Fifth Avenue; and the waiving of an existing water main recapture along the properties frontage.
Concurrently with this proposal, the Petitioner is requesting approval of the Establishment of a Special Use Planned Development, a Final Plat for the Cinco De Mayo Subdivision and a Final Plan for Lots 1 and 2 of said subdivision for a retail strip center (2100) and a stormwater detention facility.
The details of the Special Use Planned Development include modifications to the standard zoning regulations prohibiting limiting certain uses and providing for additional signage.
The details of the Final Plat include the creation of a two lot subdivision with Lot 1 being approximately 3.86 acres and Lot 2 being 1.13 acres.
The details of the Final Plan include the development of Lot 1 with a 30,026 square foot retail strip center with the La Original Chicanita Bakery as the main anchor tenant at the western end of the building, and a restaurant use at the center of the building. The remainder of the center will contain flexible tenant spaces. There are 138 parking spaces proposed to serve the retail strip center. The required stormwater detention will be accommodated in a new facility to be developed on Lot 2. The Final Plan proposal includes a full Landscape Plan to be implemented for the retail center and the detention pond. The building elevations for the retail center includes a mixture of cherry velour brick, red brick, grey stone, ceramic tile, and grey limestone. There are two matching shopping center signs proposed on the plans, one on Hill Avenue and one on Fifth Avenue, to be constructed of a combination of brick and limestone with a total height of approximately 12 feet. Access to the project will be from one full access point and one right in right out access onto Fifth Avenue and one full access point onto Hill Avenue.
DISCUSSION:
Staff has reviewed the Annexation Agreement 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.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
31.1 (1) To promote the concept of a hierarchy of commercial development consisting of regional, community and neighborhood commercial centers supported by requisite population levels, which influence to location, scale and type of commercial development and redevelopment.
32.1 (4) To enhance the quality of the visual and physical environment of the City through the provision for landscaping in commercial development.
51.1 (6) To promote the location and expansion of commercial activities within the City consistent with the Comprehensive Plan.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for B-2(S) General Retail and OS-1(S) Conservation, Open Space, and Drainage zoning with a Special Use Planned Development zoning for the territory which may be Annexed to the City of Aurora located at the northeast corner of 5th Avenue and Hill Avenue in Kane County, Aurora Illinois 60505.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Annexation Agreement
Property Research Sheet
Land Use Petition and Supporting Documents
CC and Rs
Plat of Survey
Legistar History Report
Powerpoint Presentation
Legistar Number: 16-00581
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 Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for B-2(S) General Retail and OS-1(S) Conservation, Open Space, and Drainage zoning with a Special Use Planned Development zoning for the territory which may be Annexed to the City of Aurora located at the northeast corner of 5th Avenue and Hill Avenue in Kane County, Aurora Illinois 60505 (PUBLIC HEARING AT CITY COUNCIL FOR NOVEMBER 22, 2016)
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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, a proposed Annexation Agreement in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth, has been duly submitted to the Corporate Authorities of the City of Aurora with the request that all required hearings be held thereon, and requisition annexation to the City of Aurora of a certain territory therein described, subject to the terms and conditions of said Annexation Agreement, pursuant to Section 11-15.1-1 et seq. of the Illinois Municipal Code (65 ILCS (1994) 5/11-15.1-1); and
WHEREAS, the Corporate Authorities of the City of Aurora caused a notice to be prepared describing in general the terms and conditions of the proposed Annexation Agreement and stating the time and place of a public hearing to consider the proposed Annexation Agreement; and
WHEREAS, such notice of the public hearing was duly published not less than 15 nor more than 30 days prior to said public hearing, in a newspaper of general circulation in the City of Aurora; and
WHEREAS, on October 19, 2016, the Aurora Planning Commission, held a public hearing on the petition to enter into said Annexation Agreement and zoning amendment therein provided after due publication of notice of public hearing and has submitted a recommendation of APPROVAL for the Annexation Agreement and zoning amendment on said property to the City Council of the City of Aurora subject to certain conditions; and
WHEREAS, on October 27, 2016, the Planning and Development Committee of the Aurora City Council reviewed said Annexation Agreement and zoning amendment, reviewed the before mentioned recommendations and recommended APPROVAL of said Annexation Agreement and zoning amendment; and
WHEREAS, all public hearings and other action required to be held or taken prior to the adoption and execution of said Annexation Agreement in order to make the same effective have been held or taken pursuant to notice as required by law and in accordance with all requirements of law; and
WHEREAS, on November 22, 2016, the City Council also held a public hearing upon the proposed Annexation Agreement as specified in such notice; and
WHEREAS, Exhibit “A”, attached hereto and included herein by reference as if fully set forth, in its present form, has been on file with the City Clerk of the City of Aurora for public inspection for at least one week; and
WHEREAS, the Corporate Authorities, after due investigation and consideration, and following the aforesaid public hearings, have determined that entering into the Annexation Agreement in the form of Exhibit “A” attached hereto and included herein by reference as if fully set forth, will serve the public good and benefit the City of Aurora; and
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 Mayor and City Council hereby find as fact all of the preambles contained in the Annexation Agreement in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth.
Section Six: That the Annexation Agreement in the form of Exhibit “A”, 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 and the Mayor of the City of Aurora is hereby authorized and directed to execute such Annexation Agreement on behalf of the City, and the City Clerk is hereby authorized and directed to attest the Mayor’s signature and affix the corporate seal of the City hereto with the following conditions:
ADD CONDITIONS
Section Seven: That such number of duplicate originals of said Annexation Agreement may be executed, as the Mayor shall determine.