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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: March 22, 2018
SUBJECT:
An Ordinance Approving a Revision to the Savannah Crossing (TMK Aurora Venture, LLC) Plan Description on 1.23 Acres for the Property located at 2962 Kirk Road being north of Butterfield Road and west of Kirk Road (Wendy's - 18-0154 / BA36/3-18.006-SU/PD/R/Fpn - JM - Ward 1)
PURPOSE:
The Petitioner Wendy's is requesting a Plan Description Revision to the Special Use Planned Development on the property located at 2962 Kirk Road being north of Butterfield Road and west of Kirk Road which includes revising the Plan Description to allow a drive through restaurant on Lot 4 of Savannah Crossing Subdivision.
BACKGROUND:
The Subject Property is currently Vacant Land with B-2(S) General Retail District with a Special Use zoning, which is part of the TMK Aurora Venture, LLC (also known as Savannah Crossing) Special Use Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting a Plan Description Revision to the Special Use Planned Development that will affect the property located at 2962 Kirk Road (Lot 4 of Savannah Crossing). The details of the request include revising the Plan Description from allowing up to three drive-through restaurants on Lots 3, 5, 9, 10 or 11 to allowing up to four drive-through restaurants on Lots 3, 4, 5, 9, 10 or 11. This revision will allow the development of Lot 4 with a Wendy’s restaurant with a drive-through facility.
Concurrently with this proposal, the Petitioner is requesting a Final Plan for the restaurant. The details of the request include the development of a 2,336 square foot drive-through restaurant with 40 seats. The development fronts Kirk Road but will be accessed from an interior drive aisle that is part of the Savannah Crossing commercial development. The property has one ingress and one egress with cars circulating one-way around the building. The project has one order lane along with a bypass lane that abuts the interior drive aisle. There are 10 stacking spaces and 41 parking spaces. The Landscape Plan features landscaping areas around the menu board and around the outside seating area along with landscape focal points on the parking lot abutting Kirk Road. The Building Elevation depicts one of the modern prototype for the Wendy’s chain, which features a glass and metal front providing a full view of the dining area with the remainder clad in fiber cement wood panels accented by slightly taller panels in gray and red.
DISCUSSION:
Staff has reviewed the Special Use Planned Development Revision 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.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, the only public inquirers were for additional information on the petition and for additional information on the size of the sign to ensure that it would not block visibility to the property to the north. This concern was alleviated upon discussion.
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 (3) To encourage new development contiguous to existing development.
31.1 (3) To promote the development of commercial facilities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of An Ordinance Approving a Revision to the Savannah Crossing (TMK Aurora Venture, LLC) Plan Description on 1.23 Acres for the Property located at 2962 Kirk Road being north of Butterfield Road and west of Kirk Road.
ATTACHMENTS:
EXHIBITS:
Exhibit A - Legal Description
Exhibit B - Plan Description Revision
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 18-0154
cc:
Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Approving a Revision to the Savannah Crossing (TMK Aurora Venture, LLC) Plan Description on 1.23 Acres for the Property located at 2962 Kirk Road being north of Butterfield Road and west of Kirk Road
body
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, TMK/Inland Aurora Venture 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 February 20, 2018, Wendy's filed with the City of Aurora a petition requesting a Plan Description Revision to the Special Use Planned Development for the property located at 2962 Kirk Road 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 O05-144 approved December 13, 2005 shall remain in full forth and effect with the exception of the modifications included herein as Exhibit “B”; 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 March 21, 2018, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on March 29, 2018, 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 approval of the revised Plan Description for the property legally described in Exhibit “A” will promote the sound planning and 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 Aurora Zoning Ordinance and all modifications and exceptions from the Aurora Subdivision Control Ordinance, as set forth in the revised Plan Description, are here by granted and approved.