cover
TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: April 19, 2024
SUBJECT:
A Resolution Approving a Final Plan for the Fazal Subdivision, Located at 1125 Aurora Avenue for a Retail Sales or Service (2100) Use, Restaurant with a Drive-through Facility (2530) Use, and a Gasoline Station (2831) Use. (Flip 25, LLC - 24-0097 / AU15/2-24.065-CUPD/FSD/FPN - SB - Ward 1)
PURPOSE:
The Petitioner, Flip 22, LLC, is requesting approval of a Final Plan, which includes development of the Subject Property as a combination gasoline station with accessory retail, and a fast food drive-through restaurant.
BACKGROUND:
The Subject Property is zoned B-2(C), Business District - General Retail with a Conditional Use for an Automotive Service Station use. The Conditional Use was approved per O84-5300. The Subject Property is approximately three quarters of an acre and was previously used as a gas station until it was demolished in 2018. The Comprehensive Plan designates the Subject Property as Commercial, while the adjacent blocks of Aurora Ave. and E. Indian Trail are designated as Arterial.
The Petitioner, Flip 25, LLC, is requesting approval of a Final Plan for Fazal Subdivision. The details of the request include developing the Subject Property for an approximately five thousand, one hundred (5,100) square foot building that will be used for a combination gasoline station with accessory retail, and a fast food drive-through restaurant. The gasoline station has eight (8) associated pumps on the west side of the property. The drive-through restaurant has one (1) window, which is located on the building’s east side. The drive-through lane shows the minimum stacking requirement of five (5) vehicles. The Final Plan is reducing the number of access points from four (4) to two (2): the access point from Aurora Avenue has a right-turn in, and a left turn/right turn exit; the access point from E. Indian Trail is shown as full access with a left turn entrance and a right turn exit.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat for Fazal Subdivision. The details of the request include consolidating the Subject Property into a single lot that is approximately three quarters of an acre. The Final Plat also includes a twenty-five (25) foot right-of-way triangle be dedicated at the intersection of Aurora Avenue and E. Indian Trail. There is also a fifteen (15) foot wide City Easement to be dedicated.
Concurrently with this proposal, the Petitioner, is requesting the establishment of a Conditional Use Planned Development for the property located at 1125 Aurora Avenue. The details of the request include reducing the minimum Front Yard setback, Exterior Side Yard, and Exterior Rear Yard from thirty (30) feet to five (5) feet with the Front Yard and Exterior Rear Yard, and one foot, nine inches (1'-9") within the Exterior Side Yard. The Conditional Use Planned Development also allows for a Gasoline Station as a permitted use. The Plan Description also includes changes to the sign requirements that, due to the twenty-five (25) right-of-way dedication at the intersection of Aurora Ave and E Indian Trail, allows for the sign's setback requirement to be five (5) feet, instead of the sign's overall height. Staff has also included a revision that allows the retaining wall's maximum height to be increased to nine (9) feet.
This Conditional Use Planned Development is required due to the lots line of the Subject Property being expanded and consolidated into a one lot subdivision with the accompanying Final Plat request. Due to the B-2 zoning standards, the drive-through restaurant is a permitted use at this location and is not required to be included in the Conditional Use Planned Development proposal.
DISCUSSION:
Staff has reviewed the Final Plan 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 with the exception of the items reflected in the conditions listed below in the Staff Recommendation.
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.
14.1 (1): To foster future growth in the City that does not contribute to deterioration in
either existing developments of a reduction in the City’s ability to provide
adequate services.
31.1 (3): To promote the development of commercial facilities in existing or planned
commercial areas.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended CONDITIONAL APPROVAL of the resolution approving a Final Plan for the Fazal Subdivision, located at 1125 Aurora Avenue for a Retail Sales or Service (2100) use, Restaurant with a Drive-through Facility (2530) use, and a Gasoline Station (2831) use, with the following conditions:
1) That, prior to issuance of building permit and construction of the off-site sanitary service line, a Lease Agreement for the ownership and maintenance of this service line shall be executed by the owner and be approved by the City.
2) That, prior to construction of the retaining wall, the retaining wall shall be designed by a structural engineer and a design plan shall be submitted to the City of Aurora's Engineering Department for review and approval.
3) That approval from IDOT be granted prior to Engineering approval from the City of Aurora's Engineering Department.
ATTACHMENTS:
Exhibit "A-1" - Final Plan
Exhibit "A-2" - Landscape Plan
Exhibit "A-3" - Building & Signage Elevations
Land Use Petition with Supporting Documents
Qualifying Statement
Property Parcel Maps
cc: Edward T. Sieben, Zoning & Planning Director
John P. Curley, Chief Development Services Officer
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Approving a Final Plan for the Fazal Subdivision, Located at 1125 Aurora Avenue for a Retail Sales or Service (2100) Use, Restaurant with a Drive-through Facility (2530) Use, and a Gasoline Station (2831) Use
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, by petition dated February 7, 2024, Flip 25, LLC filed with the City of Aurora a petition requesting the establishment of a Conditional Use Planned Development on the property located at 1125 Aurora Avenue, and related required documents as attached hereto as Exhibits "A-1" through Exhibit “A-3”; and
WHEREAS, the Planning and Zoning Commission conducted a hearing on April 17, 2024, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on April 24, 2024, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said Final Plan and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, finds as facts all of the preamble recitals of this Resolution and hereby grants CONDITIONAL APPROVAL of said Final Plan with the following conditions:
1) That, prior to issuance of building permit and construction of the off-site sanitary service line, a Lease Agreement for the ownership and maintenance of this service line shall be executed by the owner and be approved by the City.
2) That, prior to construction of the retaining wall, the retaining wall shall be designed by a structural engineer and a design plan shall be submitted to the City of Aurora's Engineering Department for review and approval.
3) That the Final Plan approval be contingent upon Final Engineering approval.
4) That the Petitioner work with the City’s Engineering Department to construct a five (5) foot wide sidewalk along the frontages on Route 25 and East Indian Trail.
5) That the necessary City Easements be dedicated on the Subject Property as required per the Engineering Department’s review.
BE IT FURTHER RESOLVED that the City Council of the City of Aurora hereby adopts the Final Plan and related required documents, as attached hereto as Exhibit "A-1" Final Plan, Exhibit “A-2” Landscape Plan, and Exhibit “A-3” Building and Signage Elevations, along with any easement dedications deemed necessary by the Aurora City Engineer.