TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: December 4, 2013
SUBJECT: title
An Ordinance amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by rezoning property from B-3 Business and Wholesale District and R-4 Two-Family Dwelling District to B-2(S) Business District - General Retail With a Special Use for a Gasoline Station and Convenience Store on 0.444 Acres Located At 300 S Broadway, Aurora (M-N-M, Inc. - AU27/1-13.013-RZ/SU - TM - Ward 4)
body
PURPOSE:
The petitioner, M-N-M, Inc., is proposing a Rezoning and Special Use Petition on 0.444 acres rezoning the property from B-3 and R-4 to B-2(S) with a Special Use for a gas station and convenience store located at 300 S. Broadway.
BACKGROUND:
This Rezoning and Special Use petition was referred by the City Council to the Planning Division on October 22, 2013.
For a historical timeline of the environmental issues at the subject property please see the "Incident Timeline" attachment, item 17 in the attachment list.
Legislative History:
Date Review Body Motion Vote
1/8/2014 Planning Commission Conditional Approval 8 Ayes, 1 Nay
12/4/2013 Planning Commission Continue Unanimous
12/3/2013 Planning Council Forward Unanimous
DISCUSSION:
Development Proposal:
The proposal consists of the expansion of the existing gas station to the south onto the two lots directly adjacent to the south. The existing building will be expanded by approximately 1,485 square feet. The lots to the south will be paved to provide parking for the property. A total of fifteen (15) new parking spaces will be added to the site. As the property is currently developed there are no separate parking spaces, the only available parking is located at the pumps. A new trash enclosure will be constructed farther to the south at the end of the parking aisle. The Aisle width for the parking on the south side of the property must be reduced from the City standard of 24' to 21'. This reduction creates a narrow aisle for two-way traffic but it is adequate to allow for vehicles to pass. A 5' concrete service walk will be provided around the proposed addition. The existing pumps, canopy and sign will remain.
New landscaping will be provided for the entire property. A new planting bed will be provided at the corner of Broadway and North. Also a new planting bed will be provided parallel to Broadway to the south of the existing access from Broadway. Additional Landscaping will be provided along the eastern property line to the south, to provide screening for the adjacent residential and neighborhood park. With the expansion onto the new properties there will be a parkway area, and new landscaped area along Broadway in front of the new addition. There will also be a landscaped parking lot island added at the southwest corner of the new addition. Additional Screening will be in the form of a six (6) foot tall fence along the southern property line.
Setbacks for the development must be reduced. Currently all of the setbacks are at zero feet. The setbacks for the property will be established as follows, North: 5'; South: 2'; East: 0' (Existing); West: 5'.
Evaluation:
Staff has reviewed the Rezoning and Special Use petition, submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made changes to these documents and they now meet all of the applicable codes and ordinances with the exception of the setbacks and aisle width.
The existing gas station has been at this location for many years. The original building was constructed in 1929 as a Shell service station, and it has been continuously operated as a gas station since then. With the expansion of the convenience store south onto the adjacent properties there will be a number of improvements. First 15 new parking spaces will be created as part of this proposal. Currently there are no parking spaces other than those in front of the existing pumps. This can cause congestion on the property when someone wants to go into the shop for a drink or other conveniences. The new parking will allow for better circulation on site by providing an avenue for patrons to move away from the pumps when going into the shop. This will also provide parking for employees.
The setback reductions proposed as part of this project will be an improvement from the existing conditions. The eastern property line is currently at a zero setback, and this will remain to be the case, but with the addition of the properties to the south the new addition will be at least five (5) feet of the eastern property line and the parking lot will be at least 18 feet of the southernmost east property line, so as you go south along the eastern property line the setback increases from zero to just over 19 feet. Along the southern property line the setback will be established at two feet. This will allow for the installation of a fence for screening purposes. If the required 20' setback were to be enforced, there would not be room for a drive aisle to access the parking spaces. Additionally the setback from the northern property line would negate any parking because the lot is 40' wide.
The access to North Avenue is to be reduced in width from the entire frontage on North, to 26'. This will allow for the expansion of a landscaped area right at the corner around the existing monument sign. Access to Broadway will also be reduced, but will not be able to be restricted as much because tanker trucks will still be required to pull onto the property for gasoline deliveries.
At this time the property does not match the Comprehensive Plan designation of low density residential. Due to the historic use of this property as a neighborhood gas/service station, staff is comfortable with the expansion and modernization of the convenience store. As part of the proposal, the zoning of the property is going to be reduced from B-3 to B-2 with the special use to codify the gas station use according to the new zoning requirements for gas stations. This is a reduction in the intensity of the possible uses at this location, though the two properties to the south that are being incorporated into the development have been zoned R-4 these properties have been vacant for at least 20 years and have not been contributing to the tax base in any manner. As part of this expansion the properties will now be generating increased sales and property taxes for the City.
Public Input:
Due public notice was given for the public hearing on this matter. As of the date of this report, staff has received one inquiry regarding this petition.
IMPACT STATEMENT:
This item will increase the tax base and overall viability of the City which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
The Planning Commission recomended Conditional Approval of the Rezoning and Special Use Petition on 0.444 acres rezoning the property from B-3 and R-4 to B-2(S) with a Special Use for a gas station and convenience store located at 300 S. Broadway, with the following conditions:
1. Prior to issuance of a Final Certificate of Occupancy for the project, the petitioner must supply a recorded copy of the No Further Remediation (NFR) letter to the City of Aurora.
2. That the landscape plan be revised to bring the Canopy Tree Equivalent (CTE) up to 10 CTE's for the site.
ATTACHMENTS:
Property Information Sheet
Findings of Facts
Plans
Planning Council Summary
cc: Alderman Saville, Chairman
Alderman Irvin
Alderman Donnell
Alderman Hart-Burns, Alternate