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TO: Mayor Thomas J. Weisner
FROM: Alex Minnella, Planner
DATE: October 13, 2016
SUBJECT:
An Ordinance Annexing Territory located at the northeast corner of 5th Avenue and Hill Avenue to the City of Aurora, Illinois 60505, pursuant to an Approved Annexation Agreement (Cinco De Mayo Bakery, Inc., an Illinois Corporation F/K/A La Original Chicanita Bakery, Inc., an Illinois Corporation - 16-00582 / AU26/2-14.024-AA/A/SU/FSD/FPN - AM - Ward 3)
PURPOSE:
The Petitioner Cinco De Mayo Bakery, Inc. is requesting the Annexation, pursuant to an Annexation Agreement, of 4.99 acres located at 424 and 434 Hill Avenue being the northeast corner of 5th Avenue and Hill Avenue.
BACKGROUND:
The Subject Property is located at the northeast corner of 5th Avenue and Hill Avenue. The property is currently unincorporated with Kane County B-3 Business District, B-4 Business District, and F Farming District zoning. The Subject Property sits on a very prominent corner on two gateways into the near east side of Aurora. Currently there are two vacant commercial buildings on the site which are in an advanced state of dis-repair. One building was previously a restaurant/bar and the other was a convenience store. The Petitioner has just recently acquired the property and plans to demolish these buildings. There were also two billboards on the property which the Petitioner has removed. Additional information on the property can be found in the attached Property Information Sheet.
The details of the Annexation include provisions to annex the property pursuant to an Annexation Agreement and establish a Special Use Planned Development with B-2(S) General Retail and OS-1(S) Conservation, Open Space, and Drainage underlying zoning on the Subject Property; the dedication of right of way and roadway improvements for Hill Avenue and Fifth Avenue; and the waiving of an existing water main recapture along the properties frontage.
Concurrently with this proposal, the Petitioner is requesting approval of the Annexation Agreement, Establishment of a Special Use Planned Development, a Final Plat for the Cinco De Mayo Subdivision and a Final Plan for Lots 1 and 2 of said subdivision for a retail strip center (2100) and a stormwater detention facility.
The details of the Special Use Planned Development include modifications to the standard zoning regulations prohibiting limiting certain uses and providing for additional signage.
The details of the Final Plat include the creation of a two lot subdivision with Lot 1 being approximately 3.86 acres and Lot 2 being 1.13 acres.
The details of the Final Plan include the development of Lot 1 with a 30,026 square foot retail strip center with the La Original Chicanita Bakery as the main anchor tenant at the western end of the building, and a restaurant use at the center of the building. The remainder of the center will contain flexible tenant spaces. There are 138 parking spaces proposed to serve the retail strip center. The required stormwater detention will be accommodated in a new facility to be developed on Lot 2. The Final Plan proposal includes a full Landscape Plan to be implemented for the retail center and the detention pond. The building elevations for the retail center includes a mixture of cherry velour brick, red brick, grey stone, ceramic tile, and grey limestone. There are two matching shopping center signs proposed on the plans, one on Hill Avenue and one on Fifth Avenue, to be constructed of a combination of brick and limestone with a total height of approximately 12 feet. Access to the project will be from one full access point and one right in right out access onto Fifth Avenue and one full access point onto Hill Avenue.
DISCUSSION:
Staff has reviewed the Annexation 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.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
31.1 (1) To promote the concept of a hierarchy of commercial development consisting of regional, community and neighborhood commercial centers supported by requisite population levels, which influence to location, scale and type of commercial development and redevelopment.
32.1 (4) To enhance the quality of the visual and physical environment of the City through the provision for landscaping in commercial development.
51.1 (6) To promote the location and expansion of commercial activities within the City consistent with the Comprehensive Plan.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Annexing Territory located at 424 and 434 Hill Avenue being the northeast corner of 5th Avenue and Hill Avenue to the City of Aurora, Illinois 60505, pursuant to an Approved Annexation Agreement.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Exhibit "B" Plat of Annexation
Property Research Sheet
Land Use Petition and Supporting Documents
CC and Rs
Plat of Survey
Legistar History Report
Legistar Number: 16-00582
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 Annexing Territory located at 424 and 434 Hill Avenue being the northeast corner of 5th Avenue and Hill Avenue to the City of Aurora, Illinois 60505, pursuant to an Approved Annexation Agreement
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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, La Original Chicanita Bakery 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 June 16, 2016, the above-named owner petitioned the City of Aurora to annex the real property legally described on said Exhibit “A” to the City of Aurora, in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (65 ILCS(1994) 5/7-1-8); and
WHEREAS, the above-mentioned party, as owner of record of the real estate legally described on Exhibit “A”, entered into an Annexation Agreement with the City of Aurora providing, pursuant to annexation, that said real estate be placed in a certain zoning category; and
WHEREAS, WHEREAS, said Annexation Agreement as approved by the City, by Ordinance Number O16-075, on November 22, 2016 is hereby made a part hereof and incorporated herein by reference as if fully set forth; and
WHEREAS, the corporate authorities of the City of Aurora have determined that the property is contiguous to the City of Aurora and is not within the corporate limits of any other municipality and that the petition in all other respects conforms to the requirements of law; and
WHEREAS, due statutory notice has been given to those entities listed in the affidavit and Annexation Notification List attached hereto as Exhibit “C”, being the County and City Election Commissions, County Auditor, Township Board, Township Highway Commissioner, any Fire Protection District and any Public Library District in which the real property legally described on said Exhibit “A” is located.
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 real estate described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, be, and the same is hereby annexed to the City of Aurora, Illinois.
Section Six: That the property to the far side of any adjacent public right-of-way within said annexed area, and the same is, hereby also annexed to the City of Aurora, Illinois.
Section Seven: That the corporate limits of the City of Aurora, and the same are, hereby extended to include the territory hereby annexed to the City of Aurora, Illinois.
Section Eight: That the real estate legally described on said Exhibit “A” is hereby placed in the R-1 One-Family Dwelling District zoning classification of Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, pursuant to Section 3.2-8 of said Ordinance.
Section Nine: That the City Clerk of the City of Aurora is hereby authorized and directed to file with the applicable County Recorder of Deeds a certified copy of the Ordinance, together with an accurate plat of the territory annexed, which plat shall be certified as to its correctness and attached hereto as Exhibit “B”.