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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: May 21, 2015
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property from R-1, B-3, and B-3(S) to B-2(S) General Retail Business District and OS-1(S) Conservation, Open Space and Drainage District, and Establishing a Special Use Planned Development and Approving the Pas Plaza Plan Description for 5.035 acres located at the southwest corner of Butterfield Road and Farnsworth Avenue, Aurora, Illinois (CIMA Developers, Inc - L14-00809 / BA36/3-14.289-Rz/Su/Ppn/Psd - TV - WARD 1)
PURPOSE:
The Petitioner, CIMA Developers, Inc is requesting to rezone the property at at southwest corner of Butterfield Road and Farnsworth Avenue, being 5.035 acres, from R-1, B-3, and B-3(S) to B-2(S) General retail Business District and OS-1(S) Conservation, Open Space and Drainage District with a Special Use Planned Development. The Plan Description will allow for the construction of commercial retail development consisting of three new retail buildings totaling 19,310 square feet and an existing 3,357 square feet gas station.
BACKGROUND:
The Subject Property is located at the southwest corner of Butterfield Road and Farnsworth Avenue. The Property consists of several parcels, three of which are unincorporated, one zoned B-3 and the other portion is comprised of an existing gas station with B-3(S) zoning which was constructed in the mid 80's, being a total of 5.035 acres.
The Annexation Agreement, Annexation, Rezoning and Special Use, and Preliminary Plan and Plat are being review and approved concurrently under separate actions.
The Annexation Agreement and Annexation are being requested for that portion of the property which is unincorporated, consisting of 1.81 acres, at 33W991 and 34W015 Butterfield Road. Although the annexation agreement will allow for the B-2(S) General Business District and OS-1(S) Conservation, Open Space and Drainage District with a Special Use Planned Development, the properties will be annexed into the City initially as R-1 One-family Dwelling District.
The Subject Property will then be rezoned from R-1, B-3, and B-3(S) to B-2(S) General Business District and OS-1(S) Conservation, Open Space and Drainage District with a Special Use Planned Development to create a cohesive commercial development. The Plan Description being proposed includes a few variations to the Aurora Zoning Ordinance. The first variation includes allowing the gas station and up to two drive-throughs as permitted uses and prohibiting other certain uses in the B-2 zoning district. The other variation is a reduction to the front and rear yard setback. The front yard will be reduced from 30 feet to 25 feet along Butterfield Road and Farnsworth Avenue and the rear yard setback will be reduced from 8 feet to 0.4 along the stormwater facility lot. The plan description allows for the existing gas station setbacks to remain until such time that the site is redeveloped.
The Preliminary Plan and Plat consists of subdividing the property into five lots. Lots 1 will contain the existing gas station and Lots 2, 3, and 5 will be developed with three new retail buildings, all of which will be zoned B-2(S). Lot 2, located along Farnsworth Avenue, will contain a 1,870 sq. ft fast food restaurant building with a drive-through. Lots 3 consists of a 10,000 sq. ft retail center with a drive-through and Lot 5 consists of a 7,440 sq. ft retail building, both of which front on Butterfield Road. The three new buildings are proposed to have a total of 125 parking spaces and an additional 12 parking spaces will be constructed in the rear of the existing gas station building which meets the City's parking requirement.
Besides the existing access points into the gas station, one additional access point is proposed along Butterfield Road. Cross access is being provide throughout this development as well as the retail center directly west of this property. Stormwater detention is also being provided within Lot 4 of this development and will be zoned OS-1(S).
Building elevations and landscaping will be subject to review and approval at the Final Plan and Plat time.
DISCUSSION:
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 the requested revisions to these documents and they now meet the applicable codes and ordinances.
The Subject Property is designated as Commercial on the City's Comprehensive Plan. The propose B-2(S) zoning and commercial development is appropriate land use for this area.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1(3) To encourage new development contiguous to existing development,
11.1(5) To guide and promote development to area where public utilities, public roads and municipal services are either available or planned;
14.1(4) To encourage quality site design throughout the City;
14.1(5) To provide for the visual enhancement of the City through attractive landscaping, quality signage and diverse building design and arrangement;
63.1(1) To promote an integrated pedestrian circulation system in the City.
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property from R-1, B-3 and B-3(S) to B-2(S) General Retail Business District and OS-1(S) Conservation, Open Space, and Drainage District, and Establishing a Special Use Planned Development and Approving the Pas Plaza Plan Description for 5.03 acres located at the southwest corner of Butterfield Road and Farnsworth Avenue, Aurora, Illinois.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Property Research Sheet
Finding of Facts
Land Use Petition and Supporting Documents
Legistar History Report
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property from R-1, B-3, and B-3(S) to B-2(S) General Retail Business District and OS-1(S) Conservation, Open Space and Drainage District, and Establishing a Special Use Planned Development and Approving the Pas Plaza Plan Description for 5.035 acres located at the southwest corner of Butterfield Road and Farnsworth Avenue, Aurora, Illinois
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, Angel Associates, LP, is the owner of record of the real estate property legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth; and
WHEREAS, CIMA Developers, Inc, filed a Rezoning and Special Use petition with the City of Aurora on September 17, 2014, to rezone the property from R-1, B-3, B-3(S) to B-2(S) and OS-1(S) and to establish a Special Use Planned Development for the property legally described in Exhibit “A”; and
WHEREAS, a Plan Description in the form of Exhibit “B”, attached hereto and included herein by reference as if fully set forth, have been duly submitted to the Corporate Authorities of the City of Aurora for review for the property described in Exhibit “A”; 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 May 20, 2015, and recommended APPROVAL of the Rezoning and Special Use; and
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 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 property described in Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit “A” from R-1, B-3 and B-3(S) to B-2(S) General Retail Business District and OS-1(S) Conservation, Open Space and Drainage District and a Special Use permit is hereby granted for a Special Use Planned Development for the real estate property legally described in Exhibit “A”.
Section Three: 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 Four: That this Special Use permit hereby granted is solely for the purpose of a Special Use Planned Development 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 applicant and his respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Five: 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.
Section Six: That all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Seven: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Eight: 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.