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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: May 21, 2015
SUBJECT:
An Ordinance Providing for the Execution of an Annexation Agreement Providing for B-2(S) General Retail Business District and OS-1(S) Conservation, Open Space, and Drainage District with the Owners of Record of Territory which may be Annexed to the City of Aurora and which is located at the southwest corner of Butterfield Road and Farnsworth Avenue being Vacant Land in Kane County, Aurora Illinois (CIMA Developers, Inc - L14-00807 / BA36/3-13.217-PA/A - TV - WARD 1)
PURPOSE:
The Petitioner, CIMA Developers, Inc, is requesting approval of an Annexation Agreement for 1.81 acres located at southwest corner of Butterfield Road and Farnsworth Avenue which allows for B-2(S) General Business District with a Special Use Planned Development.
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. A typical 8 ft tall, 50 sq. ft. monument sign is being proposed for each retail lot.
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 Agreement 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.
The Subject Property is designated as Commercial on the City's Comprehensive Plan. The propose zoning and land use is appropriate for this area.
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:
The Planning Commission recommends APPROVAL of the An Ordinance Providing for the Execution of an Annexation Agreement Providing for B-2(S) General Retail Business District and OS-1(S) Conservation, Open Space, and Drainage District with the Owners of Record of Territory which may be Annexed to the City of Aurora and which is located at the southwest corner of Butterfield Road and Farnsworth Avenue being Vacant Land in Kane County, Aurora, Illinois
ATTACHMENTS:
Exhibit "A" Annexation Agreement
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 Providing for the Execution of an Annexation Agreement and establishing B-2(S) General Retail Business District and OS-1(S) Conservation zoning, with the Owners of Record of the property located at the southwest corner of Butterfield Road and Farnsworth Avenue, being Vacant Land in Kane County, Aurora Illinois (Public Hearing at City Council - June 23, 2015)
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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, for annexation to the City of Aurora of the property 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, public notice describing in general the terms and conditions of the proposed Annexation Agreement as well as a zoning amendment, and providing the time and place of a public hearing to consider same was 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 May 20, 2015, the Aurora Planning Commission held a public hearing on the petition to enter into said Annexation Agreement and zoning amendment therein provided, 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; and
WHEREAS, on May 28, 2015, the Planning and Development Committee of the Aurora City Council reviewed said Annexation Agreement and zoning amendment, reviewed the aforementioned recommendations, and has recommended APPROVAL of said Annexation Agreement and zoning amendment; and
WHEREAS, on June 23, 2015, the City Council also held a public hearing upon the proposed Annexation Agreement as specified in such notice; 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;
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” will serve the public good and benefit 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 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 Three: That said Annexation Agreement is hereby approved, and the Mayor and City Clerk are hereby authorized to execute such Annexation Agreement on behalf of the City and affix the corporate seal of the City thereto.
Section Four: That such number of duplicate originals of said Annexation Agreement may be executed, as the Mayor shall determine.
Section Five: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Six: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Seven: 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.