Aurora, Illinois

File #: 16-00219    Version: Name: Unilock / Special Use w/ Underlying Zoning / 1400 Mitchell Road and 301 Sullivan Road
Type: Ordinance Status: Passed
File created: 3/3/2016 In control: City Council
On agenda: 4/28/2016 Final action: 5/10/2016
Title: An Ordinance Approving a Revision to the Special Use Planned Development for Unilock Aurora, and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, with an underlying zoning for a portion of the property from R-1 Single Family Dwelling District to M-1 Manufacturing - Limited District for property located at 1400 Mitchell Road and 301, 307, 309 E. Sullivan Road
Attachments: 1. Exhibit "A" Legal Description.pdf, 2. Exhibit "B" Plan Description - 2016-04-15 - 2016.022.pdf, 3. Property Research Sheet Location ID 57497.pdf, 4. Property Research Sheet Location ID 62722.pdf, 5. Property Research Sheet Location ID 257.pdf, 6. Land Use Petition and Supporting Documents - 2016-03-03 - 2016.022.pdf, 7. Plat of Survey - 1400 Mitchell Road - 2016-03-03 - 2016.022.pdf, 8. Plan Description - 2016-03-03 - 2016.022.pdf, 9. Legistar History Report - 2016-04-21 - 2016.022.pdf, 10. Findings of Facts - 2016.022.pdf

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TO:                     Mayor Thomas J. Weisner

 

FROM:                     Planning Commission

 

DATE:                     April 21, 2016

 

SUBJECT:

An Ordinance Establishing a Revised Special Use Planned Development, Approving the Unilock Aurora Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and to change the underlying zoning for a portion of the property from R-1 Single Family Dwelling District to M-1 Manufacturing - Limited District for property located at 1400 Mitchell Road and 301, 307, 309 E. Sullivan Road (Unilock Chicago, Inc. - 16-00219 / AU10/4-16.022-RZ/SU - TV - WARD 1)   

 

PURPOSE:

The Petitioner, Unilock Chicago, Inc., is requesting the establishment of a Revised Special Use Planned Development for Unilock Aurora to modify certain provisions and to incorporate 1400 Mitchell Road and 301Sullivan Road into the Planned Development and to change the underlying zoning district for a portion of the property (vacant property located south of 1400 Mitchell Road) from R-1 Single Family Dwelling District to M-1 Manufacturing, Limited District.   

 

BACKGROUND:

The Subject Property is located at 1400 Mitchell Road and 301, 307, 309 E. Sullivan Road which also includes vacant property that is located south of 1400 Mitchell Road.  These properties are currently utilized by Unilock as offices and a concrete manufacturing facility and consist of several parcels which have a combination of zoning, being M-1 Manufacturing, Limited, R-1 One Family Dwelling and M-1(S) Manufacturing, Limited, which is part of the Mitchell Road Industrial Park Special Use Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet. 

 

The Special Use and Rezoning proposal includes establishing a new Special Use Planned Development that will incorporate1400 Mitchell Road and 301, 307, 309 E. Sullivan and the vacant property that is located south of 1400 Mitchell Road under one plan description. The Plan Description is comprised of one zoning lot with M-1 Manufacturing, Limited zoning and contains one modification to the M-1 zoning district which reduces the Mitchell Road setback from 25 feet to 10 feet.   

 

Concurrently, under separate action, the vacant property that is located south of 1400 Mitchell Road, being 0.20 acres, is being annexed into the City with R-1 One Family Dwelling zoning.  As part of this proposal, the Petitioner is requesting that this property be rezoned to M-1 Manufacturing, Limited District and incorporated into the Special Use Planned Development.

 

The details of the Final Plan, which is under separate action being reviewed and approved concurrently, included the construction of a 68,000 square foot concrete paver storage lot behind the 1400 Mitchell Road building.  The existing detention facility at the southwest corner of the property is being slightly modified to accommodate the volume from the stormwater facility that is being eliminated behind the 1400 Mitchell Road building for the storage lot.  The Petitioner is constructing an additional 13 parking spaces along Mitchell Road and 28 parking spaces along the existing access road to provide parking for the existing offices at 1400 Mitchell Road.  Landscaping is also being supplemented along the frontage of Mitchell Road.  

 

DISCUSSION:

Staff has reviewed the Special Use 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.

 

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:

11.0  To guide the growth of the City in an orderly and structured manner.

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.

40.1 (7) To encourage improvements in existing industrial areas that minimize industrial blight and reduce incompatibilities with neighboring land uses.      

 

RECOMMENDATIONS:

The Planning Commission recommends APPROVAL of the Ordinance Approving a Revision to the Special Use Planned Development for Unilock Aurora, and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning for a portion of the property from R-1 Single Family Dwelling District to M-1 Manufacturing - Limited District for property located at 1400 Mitchell Road and 301, 307, 309 E. Sullivan Road. 

 

ATTACHMENTS:

Exhibit "A" Legal Description

Exhibit "B" Plan Description

Land Use Petition with Supporting Documents

Property Research Sheet

 

Legistar Number: 16-00219

 

cc:                     Alderman Saville, Chairman

Alderman Donnell

Alderman Irvin

Alderman Hart-Burns, Alternate

 

CITY OF AURORA, ILLINOIS

 

ORDINANCE NO. _________

DATE OF PASSAGE ________________

title

An Ordinance Approving a Revision to the Special Use Planned Development for Unilock Aurora, and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, with an underlying zoning for a portion of the property from R-1 Single Family Dwelling District to M-1 Manufacturing - Limited District for property located at 1400 Mitchell Road and 301, 307, 309 E. Sullivan 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, Unilock Chicago, Inc., is the owner of record of the real estate legally described on Exhibit “A-1”, attached hereto; and

 

WHEREAS, by petition dated March 3, 2016, Unilock Chicago, Inc. filed with the City of Aurora a petition requesting the Establishment of a Revised Special Use Planned Development, and to change the underlying zoning district for a portion of the property from R-1 Single Family Dwelling District to M-1 Manufacturing - Limited District 

 

WHEREAS, the Plan Description established for a portion of the subject property with Ordinance O92-027 approved April 21, 1992 will be superseded by this ordinance; 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 April 20, 2016, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and

 

WHEREAS, on April 28, 2016, the Planning and Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition; and

 

WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning Commission, finds that the proposed Special Use 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: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 4.3 (8000) and Section 10.6 a Special Use permit is hereby granted for a Planned Development use for the real estate property legally described in Exhibit “A”.

 

Section Six: That this Special Use permit hereby granted is solely for the purpose of a Planned Development use and is subject to all of the conditions set forth herein which shall be binding and remain in full force and effect upon the property, the petitioner and their respective heirs, executors, administrators, successors, assigns and devisees for the duration of said special use.

 

Section Seven: That the 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 Eight:  That should any of the above-stated conditions not be met or that the property described in Exhibit “A” is not developed in accordance with the special use the City Council shall take the necessary steps to repeal this Ordinance.

 

Section Nine:  That future proposals for expansion or intensification of whatever kind for the property legally described in said Exhibit “A”, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.

 

Section Ten:  That Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto be, and the same are, hereby amended to rezone the real estate property described in Exhibit “A”, from M-1(S) Manufacturing, Limited, M-1 Manufacturing, Limited and R-1 One Family Dwelling District to M-1(S) Manufacturing - Limited District.  Upon termination of the use of said property for a Planned Development this Special Use permit shall terminate and the classification of M-1 Manufacturing, Limited shall be in full force and effect.

 

Section Eleven:  That this Planned Development use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.

 

Section Twelve: 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 Plan Description, are here by granted and approved.