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TO: Mayor Robert J. O’Connor
FROM: Planning Commission
DATE: November 17, 2016
SUBJECT:
An Ordinance Granting a Special Use Permit for a Planned Development on the Property located at 407 S. Lake Street being the west side of Lake Street between Gale Street and Prairie Street (Amphion Engineering - 16-00781 / AU21/4-15.223-Su/Fpn - AM - Ward 4) (PUBLIC HEARING)
PURPOSE:
The Petitioner Amphion Engineering is requesting the Establishment of a Special Use Planned Development on the property located at 407 S. Lake Street on the west side of Lake Street between Gale Street and Prairie Street.
BACKGROUND:
The Subject Property is located at 407 S. Lake Street being the west side of Lake Street, between Gale Street and Prairie Street. The property is currently occupied by a vacant building with B-3(S) Business and Wholesale zoning with a special use for a gasoline filling station with canopy. Currently there is a vacant building in an advanced state of disrepair which was once a gas station. The Petitioner has recently acquired the property. The petitioner is planning to demolish the building, and resurface the existing canopy as well as the existing pumps. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The details of the Special Use Planned Development include modifications to the standard zoning regulations providing for a Gasoline Station (2831) use as a permitted use on the site, prohibiting certain uses, and providing for additional signage.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan for Lot 1 of Marshalls Addition Subdivision for a Gasoline Station (2831) Use.
The details of the Final Plan include the demolition and reconstruction of the gas station building on Lot 1 with a 2,231 square foot convenience store and gas station facility. There are 13 parking spaces required for this use and there are 16 parking spaces proposed to serve the gas station. Access to the project will be from two full access points onto Lake Street. The petitioner is increasing the landscape buffer along Lake Street, increasing the setback from 3 feet to nearly 7 feet. The building elevations for the gas station include a mixture of brick and limestone. There is one 8 foot monument sign proposed on the plans, located at the southwest corner of the property along Lake Street. The sign will be constructed of brick matching the building façade.
DISCUSSION:
Staff has reviewed the Special Use Planned Development 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.
14.1 (4) To encourage quality site design throughout the City of Aurora
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.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the Ordinance Granting a Special Use Permit for a Planned Development on the Property located at 407 S. Lake Street being the west side of Lake Street between Gale Street and Prairie Street.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Property Research Sheet
Land Use Petition with Supporting Documents
Plat of Survey
Legistar Number: 16-00781
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 Granting a Special Use Permit for a Planned Development on the Property located at 407 S. Lake Street.
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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, Excels Investment LLC 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 August 11, 2016, Amphion Engineering filed with the City of Aurora a petition Requesting the Establishment of a Special Use Planned Development on the property located at 407 S. Lake Street on the west side of Lake Street between Gale Street and Prairie Street; 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 November 16, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on November 21, 2016, the Planning and 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 Commission, finds that the proposed Special Use Planned Development 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 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: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 4.3 (8000) and Section 10.6 a Special Use permit is hereby granted for a Planned Development (8000) use for the real estate property legally described in Exhibit “A”.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Planned Development (8000) 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 petitioner and their respective heirs, executors, administrators, successors, assigns and devisees for the duration of said special use.
Section Seven: That the 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 Eight: 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 special use the City Council shall take the necessary steps to repeal this Ordinance.
Section Nine: 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 Ten: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of B-3(S) Business and Wholesale and upon termination of the use of said property for a Planned Development (8000) this Special Use permit shall terminate and the classification of B-3(S) Business and Wholesale shall be in full force and effect.
Section Eleven: That this Planned Development (8000) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Twelve: That all modifications and exceptions under the Aurora Zoning Ordinance and all modifications and exceptions from the Aurora Subdivision Control Ordinance, as set forth in the Plan Description, are here by granted and approved.