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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: February 4, 2016
SUBJECT:
An Ordinance Establishing a Special Use Planned Development, Approving the Maruti 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 for the property located on east side of Lake Street north of Indian Trail Road (Jay Maruti #3 Corporation - L15-00201 / AU10/3-13.071-Rz/SU/FSD/FPN - TV - Ward 6)
PURPOSE:
The Petitioner, Jay Maruti #3 Corporation, 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 District on the property located at 1271 N. Lake Street to facilitate the redevelopment of this site.
BACKGROUND:
The Subject Property is located at 1271 N. Lake Street and currently houses Dee's Place restaurant which is located on the south portion of the property and the north portion of the property consists of a parking lot. The property at 1271 N. Lake Street has B-3(S) Business and Wholesale zoning. The City owns the property at 1275 N. Lake Street which bisects the 1271 N. Lake Street with a “flagpole” lot that extents from the east to Lake Street. The property located at 1275 N. Lake Street has B-2 Business District, General Retail zoning. Additional information on the legislative history of the property can be found in the attached Property Research Sheet.
The Petitioner is also proposing a Rezoning and Special Use Planned Development. The Plan Description establishes the underlying zoning on the property as B-2 Business District, General Retail. It also includes variations from provisions of the B-2 Business District of the Aurora Zoning Ordinance. The variations to the District provisions include: the reduction of the front yard setback from 30 feet to 14 feet with an exception that the patio fencing, which may encroach into the front yard setback up to 2 feet; and the reduction of the rear yard setback from 8 feet to 6 feet. In addition, the plan description allows for one (1) Restaurant with a drive-through facility (2530) as a permitted use.
To facilitate the redevelopment of the Subject property, the City will be conveying the "flagpole" portion of the City's property to the Petitioner in exchange for an easement along the north property line to access the properties to the east along the river. The Easement Agreement and Conveyance is being reviewed and approved concurrently by City Council under a separate action.
The Final Plat proposal, which is under separate action being reviewed and approved concurrently, includes creating a 2-lot subdivision in order to redevelop this site. Lot 1 will consists of a proposed Dunkin Donuts drive-thru restaurant which is located at the northern portion of the Subject Property and Lot 2 consists of the existing restaurant and the "flagpole" portion of the City's property which is located on the southern portion of the Subject Property. A cross access easement is also being established on both lots for shared parking and ingress/egress of vehicles and pedestrians.
The Final Plan proposal, which is under separate action being reviewed and approved concurrently, includes both Lot 1 and Lot 2. The proposal consists of constructing a 2,000 square foot Dunkin Donut drive-thru restaurant on Lot 1. The existing restaurant will remain on Lot 2. As part of the redevelopment of the Subject Property, the parking lot on Lots 1 and 2 will be reconfigured to allow for the maximum number of parking spaces, creating a total of 65 parking spaces between the two lots which meets the City's requirements for both the drive-thru and existing restaurant. Access to the site, as shown on the plan, are from two right-in, right-outs along Lake Street. The northern drive will extend to the east to provide access to the properties along the river. The Final Plan proposal includes a full Landscape Plan to be implemented throughout the site. The building elevation for the Dunkin Donuts consist of a combination of split face block and fiber cement lap siding. A 6' ground sign is being proposed along Lake Street which will match the split face block on the building.
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.
This Rezoning and Special Use Petition will facilitate the redevelopment of this site.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has not received public inquiries regarding 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.
11.0 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.
11.1(3) To encourage new development contiguous to existing development.
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Ordinance Establishing a Special Use Planned Development, Approving the Maruti 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 for the property located on east side of Lake Street north of Indian Trail Road.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: L15-00201
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 Maruti 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 for the property located on east side of Lake Street north of Indian Trail Road
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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, Old Second National Bank is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated March 10, 2015, Jay Maruti #3 Corporation filed with the City of Aurora a petition 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 District on the property located on east side of Lake Street north of Indian Trail Road.
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 February 3, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on February 25, 2016, the Planning and Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended 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 4.3 (8000) and Section 10.6 a Special Use permit is hereby granted for a Planned Development 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 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.
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 District. Upon termination of the use of said property for a Planned Development this Special Use permit shall terminate and the classification of B-2 General Retail shall be in full force and effect.
Section Eleven: That this Planned Development 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.