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TO: Mayor Richard C. Irvin
FROM: Zoning and Planning Commission
DATE: December 3, 2020
SUBJECT:
An Ordinance Establishing a Special Use Planned Development at the Southwest Corner of Butterfield Road and North Farnsworth Avenue, to be Incorporated Under the Existing PAS Plaza Plan Description, and the Aurora Zoning Ordinance and the Zoning Map Attached to an Underlying Zoning of B-2(S), General Retail District and OS-1(S), Conservation, Open Space, and Drainage District (CIMA Developers, LP - 20-0653 / BA36/3-20.166-Ppn/Psd/R/SUPD/R - SB - Ward 1)
PURPOSE:
The Petitioner, CIMA Developers, LP, is requesting approval of a revision to the Special Use Planned Development, and to also change the parcel boundaries of the B-2(S), Business District - General Retail and OS-1(S), Conversation, Open Space, and Drainage District, for the property located at the southwest corner of Butterfield Road and North Farnsworth Avenue.
BACKGROUND:
The Subject Property is currently zoned B-2(S), Business District - General Retail with a Special Use Planned Development, and OS-1(S), Conversation, Open Space, and Drainage District with a Special Use Planned Development. The subject property is approximately 5.031 acres. There is an existing gas station and car wash on the subject property, and the remainder of the property is vacant land. The proposal does not include the single-family home to its southwest.
The subject property was previously rezoned along with a Plan Description per O15-042, which was approved on August 11, 2015. This rezoning process changed the zoning from R-1, One Family Dwelling District, B-2, Business District - General Retail, and to B-3, Business and Wholesale District, to B-2(S), Business District - General Retail with a Special Use Planned Development and OS-1(S), Open Space and Drainage District with a Special Use Planned Development. The Plan Description included provisions to allow for a drive-through restaurant, a retail sales or service use with a drive-through, and the existing gas station and car wash. The approved Plan Description also includes a Special Sign District for signage along Butterfield Road and North Farnsworth Avenue. The existing gas station and car wash were approved via O99-063.
The previous Preliminary Plat and Plan was approved as R15-191 on July 14, 2015. The previous Final Plat and Final Plan were approved as R16-096 on April 12, 2016, and included four commercial lots for retail and a drive-through restaurant, in addition to the existing gas station, and one lot for detention.
Additional information on the legislative history of the property can be found in the attached Property Research Sheet.
The Petitioner is requesting the revision of the Special Planned Development, and to change the B-2(S) and OS-1(S) zoning to meet the boundaries of the revised Preliminary Plat and Plan. Details of the revised Plan Description include a provision allowing the Truck Stop Establishment (2841) use, changes to the legal description of the associated lots for the rezoning, and no revisions to the Special Sign District
Concurrently with this proposal, the Petitioner is requesting approval of a revision to the Preliminary Plat and Plan for the PAS Plaza subdivision. The Preliminary Plat indicates three separate lots: Lot 1 will contain the existing gas station and car wash, as well as the proposed truck stop; Lot 2 will contain the multi-tenant retail and drive-through restaurant; Lot 3 will contain the detentions ponds.
The Preliminary Plan indicates a Truck Stop Establishment (2841) use to the south of the car wash facility on North Farnsworth Avenue on Lot 1. Access to the Truck Stop Establishment will be from North Farnsworth Avenue, with the entrance being moved further to the south, which will allow for trucks to more easily pass through the property, and then exit the establishment onto North Farnsworth Avenue. Lot 2 will contain an approximately ten thousand (10,000) square foot multi-tenant retail building with a drive-through restaurant. A new access point will be made to Butterfield Road on the subject property’s west end. The proposed parking lot will also connect to the existing parking lot to the west.
DISCUSSION:
Staff has reviewed the Plan Description Revision and Rezoning petition and have sent comments back to the Petitioner based on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
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 regarding the nature of this petition.
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 areas 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 Zoning and Planning Commission recommended approval of the Ordinance Establishing a Special Use Planned Development at the Southwest Corner of Butterfield Road and North Farnsworth Avenue, to be Incorporated Under the Existing PAS Plaza Plan Description, and the Aurora Zoning Ordinance and the Zoning Map Attached to an Underlying Zoning of B-2(S), General Retail District and OS-1(S), Conservation, Open Space, and Drainage District.
ATTACHMENTS:
Exhibit “A” - Legal Description
Exhibit “B” - Plan Description
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 20-0653
cc: Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco, Member
Alderman Robert J. O'Connor, Member
Alderman Juany Garza, Member
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Establishing a Special Use Planned Development at the Southwest Corner of Butterfield Road and North Farnsworth Avenue, to be Incorporated Under the Existing PAS Plaza Plan Description, and the Aurora Zoning Ordinance and the Zoning Map Attached to an Underlying Zoning of B-2(S), General Retail District and OS-1(S), Conservation, Open Space, and Drainage District
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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, CIMA Developers, LP 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 October 13, 2020, CIMA Developers, LP filed with the City of Aurora a petition, requesting the revision of the Special Use Planned Development, and Changing the Underlying Zoning of B-2(S), Business District - General Retail and OS-1(S), Conservation, Open Space, and Drainage District, for the Property Located at the Southwest Corner of Butterfield Road and North Farnsworth Avenue, 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 Zoning and Planning Commission conducted a public hearing on December 2, 2020, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on December 9, 2020, the Building, Zoning and Economic 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 Preliminary Plan and Plat Revision 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 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 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-2(S) General Retail District with a Special Use District to B-2(S) General Retail District with a Special Use District, and from OS-1(S), Conservation, Open Space, and Drainage District to OS-1(S), Conservation, Open Space, and Drainage District. 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(S) General Retail District with a Special Use and OS-1(S), Conservation, Open Space, and Drainage District shall be in full force and effect.
Section Eleven: 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 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.