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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: June 8, 2018
SUBJECT:
An Ordinance Establishing a Special Use Planned Development, approving the West Aurora Plaza Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to a zoning of B-2(S) General Retail District with a Special Use for the property located at 1901-2103 W. Galena Boulevard being north of Galena Boulevard between N. Constitution Drive and N. Edgelawn Drive (West Aurora Plaza, LLC - 18-0359 / AU18/4-17.208-SUPD/Fsd/R - JM - Ward 5)
PURPOSE:
The Petitioner West Aurora Plaza, LLC is requesting the Establishment of a Special Use Planned Development, and to change the current zoning district from B-2(S) General Retail with a Special Use, B-2 General Retail, and R-2 One Family Dwelling District to B-2(S) General Retail District with a Special Use on the property located at 1901-2103 W. Galena Boulevard which includes creating a new West Aurora Plaza Plan Description for all the properties owned by West Aurora Plaza that codifies the existing development and creates some additional uses and restrictions.
BACKGROUND:
The Subject Property is currently RETAIL with B-2(S) General Retail with a Special Use, B-2 General Retail and R-2 One Family Dwelling District zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting the Establishment of a Special Use Planned Development, and to change the current zoning district from B-2(S) General Retail with a Special Use, B-2 General Retail, and R-2 One Family Dwelling District to B-2(S) General Retail District with a Special Use. The details of the request include creating a new West Aurora Plaza Plan Description and removing the previous Plan Description and all of its revisions. The legislative history for the properties reflect that some of the parcels are technically zoned B-2 and the frontage along Galena Boulevard is zoned R-2. This new Plan Description ensures that the frontage along Galena Boulevard can be used for commercial and business uses under B-2 (S). This Plan Description codifies all the current uses, bulk restrictions, and signage in the center. It also allows some additional uses, including one Retail sales or service, with a Drive Through (2110) use and up to two Restaurant with a Drive Through Facility (2530) use. This will allow a drive through at the current McDonald’s location and an additional drive through. It prohibits Pawnshops (2160) and Alternative Financial Institutions (2220).
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat Revision subdividing a portion of West Aurora Plaza Subdivision Unit One and establishing Lots 1-8 of West Aurora Plaza Resubdivision. The details of the request include a Final Plat Revision to create five lots that correspond to the current buildings and parking areas as well as creating three new outlots along Galena Boulevard. The new West Aurora Plaza Plan Description will allow these three new outlots to be used for new business spaces.
DISCUSSION:
Staff has reviewed the Special Use Planned Development 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, with the exception of the items reflected in the conditions listed in the Staff Recommendation below.
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 (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 CONDITIONAL APPROVAL of An Ordinance Establishing a Special Use Planned Development, approving the West Aurora Plaza Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to a zoning of B-2(S) General Retail District with a Special Use for the property located at 1901-2103 W. Galena Boulevard being north of Galena Boulevard between N. Constitution Drive and N. Edgelawn Drive, with the following condition:
1.) That a 10 foot bike path that meet city standards be installed along the entire frontage of W. Galena Boulevard for all the parcels included in this Special Use Planned Development.
ATTACHMENTS:
EXHIBITS:
Exhibit A - Legal Description
Exhibit B - Plan Description
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 18-0359
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 ________________
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An Ordinance Establishing a Special Use Planned Development, approving the West Aurora Plaza Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to a zoning of B-2(S) General Retail District with a Special Use for the property located at 1901-2103 W. Galena Boulevard being north of Galena Boulevard between N. Constitution Drive and N. Edgelawn 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, West Aurora Plaza 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 April 18, 2018, West Aurora Plaza, LLC filed with the City of Aurora a petition requesting the Establishment of a Special Use Planned Development, and to change the current zoning district from B-2(S) General Retail with a Special Use, B-2 General Retail, and R-2 One Family Dwelling District to B-2(S) General Retail District with a Special Use on the property located at 1901-2103 W. Galena Boulevard being north of Galena Boulevard between N. Constitution Drive and N. Edgelawn 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, 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 June 6, 2018, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on June 14, 2018, 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 Special Use Planned Development 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 all previous ordinances and resolutions establishing Special Uses and
Special Use Planned Developments, commonly known as West Aurora Plaza, and all subsequent revisions are hereby expressly repealed.
Section Seven: 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 Eight: 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 a 10 foot bike path that meet city standards be installed along the entire frontage of W. Galena Boulevard for all the parcels included in this Special Use Planned Development.
Section Nine: 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 Ten: 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 Eleven: 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-2(S) General Retail with a Special Use, B-2 General Retail, and R-2 One Family Dwelling District to B-2(S) General Retail District with a Special Use. 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 General Retail District shall be in full force and effect.
Section Twelve: 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 Thirteen: 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.