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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: October 20, 2016
SUBJECT:
An Ordinance Establishing a Special Use Planned Development, pursuant to an Approved Annexation Agreement, and Approving the Cinco De Mayo Retail Center Plan Description for the property located at the northeast corner of 5th Avenue and Hill Avenue (Cinco De Mayo Bakery, Inc., an Illinois Corporation F/K/A La Original Chicanita Bakery, Inc., an Illinois Corporation - 16-00583 / AU26/2-14.024-AA/A/SU/FSD/FPN - AM - Ward 7)
PURPOSE:
The Petitioner, Cinco De Mayo Bakery, Inc., an Illinois Corporation F/K/A La Original Chicanita Bakery, Inc., is requesting the Establishment of a Special Use Planned Development with B-2(S) General Retail and OS-1(S) Conservation, Open Space, and Drainage District zoning on the property located at the northeast corner of 5th Street and Hill Avenue, pursuant to an Annexation Agreement.
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 Special Use Planned Development include modifications to the standard zoning regulations prohibiting limiting certain uses and providing for additional signage.
Concurrently with this proposal, the Petitioner is requesting approval of an Annexation Agreement, 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 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.
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 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.
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 Establishing a Special Use Planned Development, pursuant to an Approved Annexation Agreement, and Approving the Cinco De Mayo Retail Center Plan Description for the property located at the northeast corner of 5th Avenue and Hill Avenue.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Property Research Sheet
Land Use Petition and supporting documents
Plat of Survey
Legistar History Report
Powerpoint Presentation
Legistar Number: 16-00583
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 Establishing a Special Use Planned Development for the property located at the northeast corner of 5th Avenue and Hill Avenue.
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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, La Original Chicanita Bakery 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 June 16, 2016, Cinco De Mayo Bakery, Inc., an Illinois Corporation F/K/A La Original Chicanita Bakery, Inc., filed with the City of Aurora a petition requesting the Establishment of a Special Use Planned Development with B-2(S) General Retail and OS-1(S) Conservation, Open Space, and Drainage District zoning on the property located at the northeast corner of 5th Street and Hill Avenue, pursuant to an Annexation Agreement.
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 October 19, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on October 27, 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 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 Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto be, and the same are, hereby amended to rezone the real estate property described in Exhibit “A”, from Unincorporated Kane County zoning of B-3 Business District, B-4 Business District, and F Farming District to City of Aurora zoning of B-2(S) General Retail and OS-1(S) Conservation, Open Space, and Drainage with a Special Use Planned Development District. Upon termination of the use of said property for a Planned Development (8000) this Special Use permit shall terminate and the classification of City of Aurora zoning of B-2 General Retail and OS-1 Conservation, Open Space, and Drainage 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.