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TO: Mayor Richard C. Irvin
FROM: Zoning Board of Appeals
DATE: February 23, 2018
SUBJECT:
An Ordinance Granting a Setback Variance pursuant to Section 10.5 and 8.3-5.12 with a Site Plan for property located at 1775 N. Farnsworth Avenue being east of Farnsworth Avenue and south of Molitor Road to allow for a 17 foot reduction of the front yard setback from 30 feet to 13 feet. (Agree Realty Corporation/Burger King - 18-0013 / AU12/1-17.047-Fsd/V - JM - Ward 1)
PURPOSE:
The Petitioner Agree Realty Corporation on behalf of Burger King is requesting approval of a Setback Variance pursuant to Section 10.5 and 8.3-5.12 with a Site Plan for the property at 1775 N. Farnsworth Avenue being east of Farnsworth Avenue and south of Molitor Road which includes the development of a drive-through restaurant (2530) use.
BACKGROUND:
The Subject Property is currently Vacant Land with B-2 General Retail zoning. There is an existing Flood Plain along the eastern quarter of the property. The property borders residential homes to the east. In 2006, the site was granted a 10 foot front yard parking setback variance in connection with a proposed 9,450 square foot strip retail building. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of a Setback Variance pursuant to Section 10.5 and 8.3-5.12 with a Site Plan to allow for a 17 foot reduction of the building front yard setback from 30 feet to 13 feet. The previous approved 10 foot parking variance is still applicable. The details of the request include the development of a 2,140 square foot drive-through restaurant with 40 seats. The development will have two ingress/egress onto Farnsworth Avenue with the southern one being an entrance and exit and the northern one being exit only. The project has two order lanes along with a bypass lane to circulate around the site. There is a parking lot with 11 spaces adjacent to the building and another with 5 spaces off of the bypass lane. There are 10 stacking spaces for the windows and a combined 5 stacking spaces for the menu boards. The Landscape Plan preserves several existing canopy trees on the eastern boundary and provides an additional 6 evergreen trees along the eastern property to provide buffer for the residential properties. Understory trees are provided along the street instead of canopy trees due to overhead utility lines. The petitioner has agreed to add a fence along a portion of the drive aisle beside the menu board. The Building and Signage Elevation depicts a 20 foot tall building clad in white brick with a darker brick band along the bottom. The entrances and ordering windows feature faux wood panels.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat for Lot 1 of Burger King Aurora Subdivision. The details of the request include the consolidation of three lots into one lot along with dedication of city easements.
DISCUSSION:
The Setback Variance is being requested in order to lessen the impact to the Flood Plain area along the eastern portion of the property. By shifting the development closer to Farnsworth Avenue, only a small portion of the drive aisle impacts the Flood Plain.
Staff has reviewed the Variance petition with Site Plan 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 exceptions of the following items.
Concerns have been raised over drainage. The applicant needs to address the Engineering Division comments regarding drainage.
Concerns have been raised regarding light pollution, noise, and trash. The site does provide a brick trash enclosure but Staff has asked that locations of trash cans be shown on the Final Plan to address concerns over trash. It has been mentioned that a fence in front of the retaining wall would help address concerns by blocking light and noise. The owners should work with staff and neighbors to ensure the volume of the menu board does not disturb neighbors.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received several public inquiries on this proposal as well as a petition with 183 signatures (enclosed) raising concerns regarding detention requirement, drainage requirement, flooding on the eastern portion of the property, flooding on the road, the safety hazard of a 13' setback, noise, light pollution, headlights going into residential homes, lack of fencing, traffic, and accidents.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.0 To guide the growth of the City in an orderly and structured manner.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.
31.1 (3) To promote the development of commercial facilities in existing or planned commercial areas.
32.0 To enhance the positive and minimize the negative impact and relationships that the location, design and appearance of commercial activities have on traffic patterns and on the stability and vitality of surrounding neighborhoods, other commercial centers, and the City as a whole.
RECOMMENDATIONS:
The Zoning Board of Appeals recommended approval of An Ordinance Granting a Setback Variance pursuant to Section 10.5 and 8.3-5.12 with a Site Plan for property located at 1775 N. Farnsworth Avenue being east of Farnsworth Avenue and south of Molitor Road to allow for a 17 foot reduction of the front yard setback from 30 feet to 13 feet.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Final Plan
Landscape Plan
Building and Signage Elevations
Fire Access Plan
Petition to the City of Aurora
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 18-0013
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 ________________
title
An Ordinance Granting a Setback Variance pursuant to Section 10.5 and 8.3-5.12 with a Site Plan for property located at 1775 N. Farnsworth Avenue being east of Farnsworth Avenue and south of Molitor Road to allow for a 17 foot reduction of the front yard setback from 30 feet to 13 feet.
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, Good Timing Development 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 January 3, 2018, Agree Realty Corporation on behalf of Burger King filed with the City of Aurora a petition requesting approval of a Setback Variance pursuant to Section 10.5 and 8.3-5.12 with a Site Plan for the property at 1775 N. Farnsworth Avenue being east of Farnsworth Avenue and south of Molitor Road and related required documents as attached hereto as Exhibits "A"; and
WHEREAS, on February 21, 2018, the Zoning Board of Appeals of the City of Aurora held a public hearing and therein found that the requested variation met the standards prescribed by Section 10.5-3 of said Ordinance and therein and recommended APPROVAL; and
WHEREAS, on March 1, 2018, 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 Zoning Board of Appeals, finds that the proposed Variance 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: That the real property legally described on Exhibit “A” is hereby granted the following variation from the standards of Ordinance No. 3100, being the Aurora Zoning Ordinance:
Section 8.3-5.12 - Setback Variance: To allow for a 17 foot reduction of the front yard setback from 30 feet to 13 feet
Section Six: That the City Clerk of the City of Aurora is hereby authorized and directed to file with Kane County Recorder’s Office a certified copy of this Ordinance, on the property legally described on Exhibit “A.”