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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: August 22, 2024
SUBJECT:
An Ordinance Approving an amendment to the Plan Description for the Fox Valley East Planned Development District for Property located at 4389 Fox Valley Center Drive (Prima Carte, Inc - 24-0612 / NA21/4-24.272-PDD/Fpn - TV - Ward 10)
PURPOSE:
The Petitioner Prima Carte, Inc is requesting approval of an amendment to the Plan Description for the Fox Valley East Planned Development District for the property located at 4389 Fox Valley Center Drive to allow a Kennel with Outdoor Pens and Runs called Central Bark.
BACKGROUND:
The Subject Property is located at 4389 Fox Valley Center Drive and is the former National Tire and Battery store which is now vacant. This property is zoned PDD Planned Development District, which is part of the Fox Valley East Planned Development District.
The Petitioner is requesting approval of an amendment to the Plan Description for the Fox Valley East Planned Development District to modify the permitted uses to allow for a Kennel with Outdoor Pens and Runs at 4389 Fox Valley Center Drive.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan Revision. Central Bark is a modern dog care facility which provides socialization, stimulation, safety, training, grooming, along with daily exercise for dogs. The facility has the capacity to care for up to 100 dogs per day with the ability to board 29 dogs overnight and will have approximately 30 employees. There will be a retail component within the reception area, a grooming area, a spacious nap room and a large indoor play area.
The site layout will mainly stay the same with the exception that the Petitioner is proposing to remove 5 parking spaces on the east side of the property to allow for the construction of an outdoor run and play area which will be enclosed by an 8' white vinyl fence. A trash enclosure will be constructed on the west side of the building along with a private play area for those dogs that are not ready for group time activities. This area will be enclosed by a 6' white vinyl fence.
There are 26 parking spaces onsite with additional spaces within the shared parking lot along the north portion of the property.
Most of the landscaping will remain with additional landscaping being implemented around the outdoor run and play area and along the parking lot on the east side of the building.
DISCUSSION:
Staff has reviewed the Plan Description Revision petition and believes that the reuse of the building as a modern dog care facility will not have a negative impact and will serve the new residential within the Fox Valley Mall area.
Staff evaluated the proposal based on the Findings of Fact and have found the following:
1. Is the proposal in accordance with all applicable official physical development policies and other related official plans and policies of the City of Aurora?
The proposal is in accordance with the applicable official physical development policies and the Route 59 Corridor Study as Central Bark will provides a new service to those who live within the Fox Valley Mall area.
2. Does the proposal represent the logical establishment and/or consistent extension of the requested classification in consideration of the existing land uses, existing zoning classifications, and essential character of the general area of the property in question?
The proposal does represent a logical extension of the commercial uses within this area as it will provide services to the residence that are not currently be offered provided a sustainable place to live, work, and play.
3. Is the proposal consistent with a desirable trend of development in the general area of the property in question, occurring since the property in question was placed in its present zoning classification, desirability being defined as the trend's consistency with applicable official physical development policies and other related official plans and policies of the City of Aurora?
The proposal is consistent with the trend of the development in the general area. The Fox Valley East PDD was approved in 1973, with the recent introduction of residential within this mall area, as proposed within to the Route 59 Corridor Study, this use is providing a new service that will be utilized by the residence which resides within the Fox Valley Mall and surrounding area.
4. Will the rezoning allow uses which are more suitable than uses permitted under the existing zoning classification?
The modification to the plan description is compatible with the existing permitted uses and will not change the character of the area.
5. Is the rezoning a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area?
The proposal is a consistent extension of the commercial uses within this area as it will provide services to the residence that are not currently be offered provided a more sustainable place to live, work, and play.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received public inquiries requesting additional information on 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.
11.1(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.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the Ordinance Approving an amendment to the Plan Description for the Fox Valley East Planned Development District for Property located at 4389 Fox Valley Center Drive.
ATTACHMENTS:
Exhibit "A" Plan Description Revision
Land Use Petition and Supporting Documents
Maps
Legistar Number: 26-0612
cc:
Alderwoman Patricia Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman William “Bill” Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Approving an amendment to the Plan Description for the Fox Valley East Planned Development District for Property located at 4389 Fox Valley Center Drive
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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, Realty Income Il Properties 2 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 Tuesday, July 9, 2024, Prima Carte, Inc filed with the City of Aurora a petition Requesting approval of an amendment to the Plan Description for the Fox Valley East Planned Development District for the Property located at 4389 Fox Valley Center Drive in the form of Exhibit “B” attached hereto, and have been duly submitted to the Corporate Authorities of the City of Aurora for review for the property described in Exhibit “A”; and
WHEREAS, the Plan Description established for the subject property with Ordinance O73-4330 approved August 1, 1973 shall remain in full forth and effect with the exception of the modifications included herein as Exhibit “B”; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on Wednesday, August 21, 2024, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on August 28, 2024, the Building, Zoning and Economic 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 and Zoning Commission, finds that the approval of the revised Plan Description for the property legally described in Exhibit “A” will promote the sound Building, Zoning and Economic Development of the City, and therefore serve the best interests of 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 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 revised 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 Six: That all modifications and exceptions under the Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance, as set forth in the revised Plan Description, are here by granted and approved.