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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: January 19, 2023
SUBJECT:
An Ordinance Approving a Revision to the Butterfield Planned Development District Plan Description on approximately 97 Acres for Property located at 2725 and 2815 Bilter Road being south of Bilter Road and west of N. Eola Road (Seefried Properties - 23-0029 / NA05/1-22.369 - PDD/R - JM - Ward 10)
PURPOSE:
The Petitioner Seefried Properties is requesting approval of an amendment to the Plan Description for the Butterfield Planned Development District for the property located at 2725 and 2815 Bilter Road being south of Bilter Road and west of N. Eola Road which includes revisions that would allow one additional use while prohibiting other currently permitted uses.
BACKGROUND:
The Subject Property is currently vacant with PDD Planned Development District zoning, which is part of the Butterfield Planned Development District.
The Petitioner is requesting approval of an amendment to the Plan Description for the Butterfield Planned Development District for the lot east of the Tollway ramp (Parcel A on attached Parcel Map) and west of the Tollway ramp (Parcel B on attached Parcel Map). The details of the request include removing all the current uses permitted in the Butterfield Planned Development Plan Description and replacing them with the following.
Both Parcel A and B could be developed with any uses permitted under the B-2: Business District - General Retail. Some conditional uses under the B-2 would be permitted by right, including hotels and special purpose recreation. The only other use permitted on Parcel A would be a 3300 Warehouse, Distribution and Storage Services in the form of a data center only. All other 3300 Warehouse, Distribution and Storage Services would be prohibited on Parcel A. Parcel B could also be developed with ORI: Office, Research, Light Industrial category uses, excluding the following: Warehouse, Distribution and Storage Services (3300); Vehicle Terminals and Vehicle Storage Yards, major (3310); Vehicle Storage Yards, minor (3311); Heavy Industrial (3400); Truck and Freight Transportation Services (4140); Transportation Services (4100); and Commercial relocators (towing services).
Concurrently with this proposal, the Petitioner is requesting approval of a Preliminary Plan and Plat for Butterfield Phase II Unit 5A Subdivision located at 2815 Bilter Road (Parcel A) for a Warehouse, Distribution and Storage Services (3300) use in the form of a data center complex. The details of the request include a phase development of three electronic data center buildings consisting of two 209,967 square foot buildings and one 415,934 square foot building. An electrical substation will be constructed to support the electrical requirements of the data centers, which substation will also provide stability to the area electrical grid. In addition, a passenger vehicle electric charging area will be made available and will be located abutting Bilter Road. An area beside the electric charging station will be available for future retail use.
The data center will be accessed from a full entrance on Bilter Road across from the main entrance of the church and a right-in/ right-out on Bilter Road across from the right-in/right-out access of the church. A left turn lane will be installed on Bilter Road at the full entrance. A landscaped median will be inserted along much of the roadway of Bilter Road. Additional stacking will be added to the right turn lane on Bilter Road at Eola Road. A fire access only entrance will be located on Eola Road at Prospect Drive. The developers are installing a bike path along Bilter Road along their frontage and along the detention pond to connect the Prairie Path at the Tollway Ramp to Eola Road. Seefried will also build a sidewalk on Eola Road from Bilter Road to the bridge.
While not being approved until Final Plan and Plat, a draft Landscape Plan and Elevations are provided. Views of the buildings and substation are heavily buffered by berms and trees. A three-to-four-foot berm will be installed on Bilter Road in front of the building and the charging station. The substation will be buffered by a ten-foot masonry wall and a five-foot berm. Adjacent to the Prairie Path will be a four-foot berm and the detention pond. Each berm and pond are landscaped with a mixture of evergreen and canopy trees with additional trees included in front of the substation and along the path. Shrub beds are at the entrances and along Bilter Road to creative attractive viewsheds.
Staff and developers worked to create more attractive elevations than a standard data center by adding architectural features like height variations, large expanses of spandrel glass on the front and sides, and larger glassed office space on the front. The equipment yards and substations will be enclosed by stone molded walls.
DISCUSSION:
Staff has reviewed the 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.
Previously, the City worked with the owners of both Parcel A and B to obtain a Tollway exit at this location and to allow business and retail uses. Then in 2015, the City worked to bury the overhead electric lines around these properties. At that time, the owners agreed to restrict certain uses seen as more industrial and heavy truck traffic, including Warehouse, Distribution and Storage Services (3300) use. Since then, the business and retail market has substantially changed reducing the market demand. Staff felt that a data center would not be a heavy traffic use and would be very little truck traffic compared to other warehouse uses. Staff believes that the Plan Description revision to allow a data center on Parcel A would still adhere to the goal of the 2000s revisions to restrict more industrial and heavy truck use while encouraging retail, business, and light industrial uses on Parcel B through the additional restrictions of uses outlined above. Staff worked with the developers to provide heavy buffering to the project through berms, masonry walls, and heavy landscaping. The traffic study provided concluded that the development would have little to no effect upon the operations of the roadways. Additional roadways improvements are being proposed to alleviate and improve traffic including a right-in/right-out access for the eastern most access, no access to Eola Road, raised median and turn lanes on Bilter.
Staff has the following comments regarding the Findings of Facts:
1. The project will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare as a vacant property will be developed with a use similar to the existing uses to the east and what the properties to the north are zoned and will have minimal impact on traffic or utilities. An electronic vehicle charging lot will be an asset to the community while being designed to not create additional truck traffic. The project is ecologically friendly and according to the developers will use zero water for cooling, will produce solar energy, and remain carbon neutral.
2. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity or diminish or impair property values as the use is similar to surrounding uses. A data center use is a lighter industrial use with less traffic than other industrial uses. Berming, masonry walls, and heavy landscaping was used to buffer the views from surrounding roads and properties. Effort was made to elevate the elevations from a standard industrial building. The PDD revision will further restrict more heavy industrial uses on both lots.
3. The development will not impede the normal and orderly development and improvement of surrounding properties as it is a similar use, it does not create heavy traffic, and is consistent with the trend to create a high-tech corridor.
4. The proposal will provide adequate utilities, drainage, etc. as the proposed development will integrate well into the existing infrastructure, will bring additional power supply to the property, and will bolster the area fiber optic network.
5. The project does provide adequate ingress/egress. Ingress and egress will align with the ingress and egress of the property to the north, will add a landscape median to better regulate traffic, and the traffic study shows that the roadway can handle the minimal traffic the project will produce.
6. The Conditional Use in all other respects conforms to the applicable regulations of the Butterfield PDD.
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 requesting additional information on 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.
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.
40.1 (1) To attract and encourage industrial, office and office-research development to
planned sites where requisite public facilities are either present or proposed.
40.1 (5) To plan and promote the extension of the office and office-research corridor along the tollway in the City of Aurora.
40.1 (6) To promote attractive, well-maintained industrial and office-research areas through
landscaping and site design.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of An Ordinance Approving a Revision to the Butterfield Planned Development District Plan Description on approximately 97 Acres for Property located at 2725 and 2815 Bilter Road being south of Bilter Road and west of N. Eola Road
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Exhibit "B" PDD Amendment
Exhibit "C" Parcel Map
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Findings of Fact
Legistar Number: 23-0029
cc:
Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Approving a Revision to the Butterfield Planned Development District Plan Description on approximately 97 Acres for Property located at 2725 and 2815 Bilter Road being south of Bilter Road and west of N. Eola Road
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, DuPage Properties Venture as sole beneficiary of Trust 43123, is the owner of record of the real estate legally described on Exhibit “A” and shown on Exhibit "C", attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A” and Exhibit "C"; and
WHEREAS, by petition dated December 12, 2022, Seefried Properties filed with the City of Aurora a petition requesting approval of an amendment to the Plan Description for the Butterfield Planned Development District for the property located at 2725 and 2815 Bilter Road being south of Bilter Road and west of N. Eola Road 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 O76-4510 approved February 3, 1976 and subsequently modified with Ordinance O09-004 approved on February 3, 2009 and Ordinance O15-011 approved on April 28, 2015 shall remain in full forth and effect with the exception of the modifications included herein as Exhibit “B”; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on January 18, 2023, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on January 25, 2023, 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 and Zoning Commission, finds that the approval of the revised Plan Description for the property legally described in Exhibit “A” will promote the sound Building, Zoning and Economic 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 Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance, as set forth in the revised Plan Description, are hereby granted and approved.