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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: November 22, 2017
SUBJECT:
Reconsideration of An Ordinance Approving a Revision to the Eola Venture I Plan Description on 2.66 Acres for Property located at 245 N Eola Rd being south of Diehl Road and east of Eola Road (Scientel Solutions, LLC - 17-00519 / NA07/1-16.162-Su/PD/Ppn/Psd/R - TV - Ward 10)
PURPOSE:
The Petitioner Scientel Solutions, LLC is Requesting a Plan Description Revision to the Special Use Planned Development on the property which includes a revision to the permitted uses section of the Plan Description to permit one (1) General Contractor, or special trade contractor (off site work) (2900) on the property.
BACKGROUND:
The Subject Property is currently Vacant Land/Open Space with B-2(S) General Retail - Special Use zoning, which is part of the Eola Venture I Special Use Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is Requesting a Plan Description Revision to the Special Use Planned Development to add one General Contractor, or special trade contractor (off site work) (2900) as a permitted use on Lot 2 of the proposed subdivision.
Concurrently with this proposal, the Petitioner is requesting approval of a revision to the Preliminary Plan and Plat. The details of the request include a two lot subdivision of the Subject property with Lot 1 being shown as a future drive-thru restaurant use and Lot 2 being a 1,472 square foot General contractor or special trade contractor use with accessory outside commercial vehicle storage. The headquarters for Scientel Solutions, LLC is currently located in Lisle and once the building is constructed the company plans to relocate their headquarters to this location.
The Petitioner is also requesting approval of a Special Use for a Communications Facility (4211) use on the easterly 75 feet the property. The details of the request include the installation of a 195 foot lattice style communications facility which will be an accessory to the Scientel Solutions headquarters building. The new facility is proposed to be placed just to the east of the proposed building on Lot 2 of the subdivision.
The petitioner is seeking a Special Use to construct a tower within the I-88 Technology Corridor and to waive or reduce the burden on the application pursuant to Chapter 19 Article III Sec. 19-71(b) including:
a. Separation of the communications facility from residential structures and/or residential district boundaries (Sec. 19-68.p.1); The Special Use process allows for the Petitioner to seek a tower which is less than 500 feet from the closest residential structures and/or residential district, the request is for a separation which exceeds the requirement from a residential structure but is 350 feet from the closest residentially zoned property which is owned and utilized by DuPage County for the Illinois Prairie Path. The nearest residential use is 1,221 feet from the proposed facility.
b. Separation of the communications facility from other communication facilities (Sec. 19-68.p.2); The Special Use process allows for the Petitioner to seek a Category C tower (more than 150' and less than or equal to 200 feet) which is less than 2,500 feet from other Category C or Category D towers, the request is for a separation of 935 feet from the closest Category D tower.
d. Facility Setback requirement from any adjoining lot line (Sec. 19-68.o); The Special Use process allows for the Petitioner to seek a Facility Setback which is less than 75% of the height of the facility or 146.25 feet, the request is for a Facility Setback of 75 feet.
DISCUSSION:
Staff has reviewed the Special Use Planned Development Revision 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, with the exception of the items mentioned in the Staff Recommendation listed below.
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.
11.1 (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 recommended CONDITIONAL APPROVAL of the An Ordinance Approving a Revision to the Eola Venture I Plan Description on 2.66 Acres for Property located at 245 N Eola Rd being south of Diehl Road and east of Eola Road, with the following conditions:
1. That the Outside commercial vehicle storage (3311) be removed as a standalone permitted use, this use is already permitted as an accessory to the proposed the General contractor (2900) use.
ATTACHMENTS:
Exhibit A - Legal Description
Exhibit B - Plan Description Revision
Legistar Number: 17-00520
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 ________________
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Reconsideration of an Ordinance Approving a Revision to the Eola Venture I Plan Description on 2.66 Acres for Property located at 245 N Eola Rd being south of Diehl Road and east of Eola 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, Bankfinancial Fsb Tr#010997 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 June 7, 2017, Scientel Solutions, LLC filed with the City of Aurora a petition requesting a Plan Description Revision to the Eola Venture I Special Use Planned Development 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, the Plan Description established for the subject property with Ordinance O2010-069 approved on December 14, 2010 shall remain in full forth and effect with the exception of the modifications included herein as Exhibit “B”; and
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 September 20, 2017, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on September 28, 2017 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 approval of the revised Plan Description for the property legally described in Exhibit “A” will promote the sound planning and development of the City, and therefore serve the best interests of the City of Aurora.
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 revised 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 Six: 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 revised Plan Description, are here by granted and approved.