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TO: Mayor Robert J. O’Connor
FROM: Planning Commission
DATE: April 6, 2017
SUBJECT:
An Ordinance Establishing a Special Use Planned Development, Approving the Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of B-2 Business District, General Retail and P Park and Recreation District for the property located on the south side of New York Street west of Welsh Drive (Fox Valley Property Services, LLC - 17-00105 / AU24/4-16.080-PD/R/Ppn/Psd - TV - Ward 7)
PURPOSE:
The Petitioner, Fox Valley Property Services, LLC 1900 E New York, is requesting the Establishment of a Special Use Planned Development, and to change the underlying zoning district from B-3(S) Business and Wholesale District to B-2(S) General Retail and P(S) Park and Recreation District on the property located at south side of New York Street, west of Welsh Drive.
BACKGROUND:
The Subject Property is currently vacant land with B-3(S) Business and Wholesale zoning, which is part of a 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 approval of the establishment of a new Special Use Planned Development, and to change the underling zoning to B-2 Business District, General Retail and P Park and Recreation District.
The Plan Description being proposed includes modifications to the standard B-2 zoning regulations including the addition of up to one of each of the following uses as permitted uses: 1) used car dealership; 2) major automotive repair, when accessory to a used car dealership; 3) retail sales or services with a drive through; 4) financial institution with a drive through; 5) restaurant with a drive through; and 6) mini-storage. The Plan Description also includes the establishment of parking regulations for vehicles sales and mini-storage, and the standard prohibited uses. The Plan Description allows for an 18 foot development sign along New York Street, which is comparable to other signs in the area along this roadway. Lastly, the Plan Description includes waiving certain sections of the Aurora Subdivision Control Ordinance for Parcel B if dedicated to the Kane County Forest Preserve.
Concurrently with this proposal, the Petitioner is requesting approval of a Preliminary Plan and Plat for the Fox Valley Square Subdivision. The details of the request include a four lot subdivision with a dedication of 5 feet of right-of-way and a dedication of a 15 feet city easement along New York Street.
The proposed Lot 1 is anticipated to be developed as a 4,380 square foot used car dealership with three auto bays. There is a total of 58 parking spaces proposed on the lot, of which 43 spaces may be used for auto sales display. The proposed Lot 2 is anticipated to be developed as a 14,000 square foot retail strip center with 80 parking spaces on the lot. The proposed Lot 3, located at the rear of the development, is proposed to be developed with 25,261 square feet of mini-storage buildings with a total of 3 parking spaces on the lot. There is one full access into the site from New York Street being a shared private drive located on Lot 3. This access aligns with the private entrance across New York Street for TT Technology. The proposed Lot 4 is anticipated to be dedicated to the Kane County Forest Preserve and incorporated into the Oakhurst Forest Preserve. Per the previous plan description, the Petitioner is paying their proportional cost for the construction of Oakhurst Lake in lieu of construction on-site detention.
DISCUSSION:
Staff has reviewed the Rezoning and Special Use 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, staff has received one public inquiry requesting additional information on this petition.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.0 To guide the growth of the City in an orderly and structured manner.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
30.0 To promote and plan for the location of commercial centers, based on their functions and interrelationships, in order to provide a balanced distribution of commercial development and redevelopment.
31.1(3) To promote the development of commercial facilities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning Commission recommended CONDITIONAL APPROVAL of the Ordinance Establishing a Special Use Planned Development, Approving the Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of B-2 Business District, General Retail and P Park and Recreation District for the property located on the south side of New York Street, west of Welsh Drive with the following condition:
1. That the property owner shall enter into a dedication agreement with the Kane County Forest Preserve District for Parcel B, being Lot 4 of the Fox Valley Square Subdivision, within ninety (90) days of approval of the Final Plat.
2. That at Final Plan and Plat time, the existing trees be reviewed to determine if any can be preserved.
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit "B" Plan Description
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 17-00105
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, Approving the Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of B-2 Business District, General Retail and P Park and Recreation District for the property located on the south side of New York Street, west of Welsh 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, Fox Valley Property Services, LLC 1900 E New York 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 7, 2017, Fox Valley Property Services, LLC 1900 E New York filed with the City of Aurora a petition requesting the Establishment of a Special Use Planned Development, Approving the Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of B-2 Business District, General Retail and P Park and Recreation District for the property located on the south side of New York Street, west of Welsh Drive
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 April 5, 2017, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on April 13, 2017, the Planning and Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended CONDITIONAL 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 Rezoning and Special Use 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 10.6 and Section 4.3 (8000) 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 with the following condition:
1. That the property owner shall enter into a dedication agreement with the Kane County Forest Preserve District for Parcel B, being Lot 4 of the Fox Valley Square Subdivision, within ninety (90) days of approval of the Final Plat.
2. That at Final Plan and Plat time, the existing trees be reviewed to determine if any can be preserved.
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 B-3(S) Business and Wholesale District to B-2(S) General Retail and P(S) Park and Recreation District. Upon termination of the use of said property for a Planned Development (8000) this Special Use permit shall terminate and the classification of B-2 Business District, General Retail and P Park and Recreation District 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.