Aurora council approves Orchard Crossing plan amid debate over proposed gas station
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Summary
The City Council approved a zoning change and conditional-use plan for the Orchard Crossing development at Sullivan and Orchard, including a provision that allows a gas station; council added EV parking and a demolition covenant but staff warned the station conflicts with Aurora’s sustainability goals.
Aurora City Council on Dec. 9 adopted an ordinance approving the Orchard Crossing conditional-use plan and related zoning changes for the northeast corner of Sullivan Road and North Orchard Road, clearing the way for a mixed commercial development that includes a convenience store and fuel station. The ordinance passed on a 10–2 vote after more than an hour of debate over environmental and policy tradeoffs.
Planners presented the petition and said they supported changing the underlying zoning to allow retail and mixed uses, but advised against a permanent gas-station use because it does not align with the city’s 2019 sustainability goals. Jill Morgan, senior planner, told the council staff would add the committee’s recommended condition to require a minimum of two EV parking/charging spaces in the commercial development and that the petitioner agreed to record a demolition covenant (Exhibit C) requiring removal of fuel canopies, underground storage tanks and pumps if the station closes.
John Curley, chief development services officer, reiterated that staff’s preference is to see an alternative use to a gas station but said the broader zoning change and commercial development plan offer tax-base and employment benefits compared with the parcel’s existing warehouse or data-center potential.
Developer representatives told council that the project anchors other retail users and that the gas station is part of an investment and tenancy package. Jeremy Foreman, the developer, said the project’s timing and private contracts create commercial deadlines that weigh on whether the city should allow the project to proceed.
Opponents and sustainability advocates cautioned the council about long-term environmental risk. Mavis Bates, chair of the Sustainable Aurora mayor’s advisory board, cited volatile organic compounds released during refueling, the long-term liability from underground tanks and planning-staff advice against the station.
The council’s approval includes the EV-space condition and requires the recorded demolition covenant before issuance of building permits for the gas station. The planning department will incorporate the agreed conditions into the ordinance text before final permit review. Mayor and staff said the development will still come back through final-plan review, where additional technical changes and site requirements will be examined.
The council’s action changes the zoning map for the parcel and permits the commercial plan as modified; the petitioner must comply with the recorded covenant and all applicable city ordinances and permitting requirements going forward.
