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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: November 5, 2021
SUBJECT:
An Ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to rezone the property located at 2120 Sullivan Road from O(C) Office District with a Conditional Use to ORI Office, Research, Light Industrial (Panattoni Development Company - 21-0757 / AU07/4-21.284-Rz/Fsd/Fpn - JS - Ward 5)
PURPOSE:
The Petitioner, Panattoni Development Company, is requesting approval of an Ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to rezone Property located at 2120 Sullivan Road from O(C) to ORI
BACKGROUND:
The Subject Property is currently zoned O(C) or Office with a Conditional Use for a planned development, which is part of the Sullivan Land Venture Conditional Use Planned Development. Additional information on the legislative history of the property can be found in the attached Legislative History Sheet.
The Petitioner, Panattoni Development Company, is requesting to rezone the property from O(C) District to ORI District. In 2001 the property was first annexed into the City of Aurora and was placed into the ORI district and was planned for a warehouse similar to what is currently proposed. In 2005, an office park was platted and planned for, which triggered to a rezoning of the property to O(C). This would put the property back into the zone it was originally planned for.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat. The plan approved in 2005 for an office park created a series of smaller lots for the individual buildings as along with the retention basins and the parking lot. This plat process would be removing the individual lots and vacating the easements that were put in place by the 2005 Plat of Subdivision.
Finally, the petitioner is requesting approval of a Final Plan for a Warehouse, Distribution and Storage Services (3300) Use. The petitioner is proposing the creation of an approximately 357,000 sq. ft. speculative warehouse. There is no tenant proposed at this time. Two access points are proposed for the development, one tying into the existing access for 2380 Sullivan Road and the other creating a new curb cut along Sullivan Road. The development will not be tying into the existing curb cut along Sullivan Road that is used to access Aurora Christian Schools due to the desire to keep both passenger vehicle and truck traffic away from the residential subdivision. As a part of this project, the developer will be closing off the access point that was originally planned to tie into Sullivan Road.
The trailer/truck parking is proposed to be taking place in the Southeastern portion of the site, being separated from the neighboring properties by a combination of a retention pond and heavy landscaping. 138 trailer spaces are proposed. The passenger vehicle parking is taking place on the Western, Northern, and Eastern portions of the building and is being screen from the streets and residential properties with landscaping. 290 passenger parking spaces are proposed. 34 exterior truck docks are proposed at this time with 32 truck docks being possible for future tenants.
DISCUSSION:
Staff has reviewed the Rezoning 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 reflected in the conditions listed in the Staff Recommendation below.
Staff wanted to briefly discuss the Findings of Facts for Rezoning Petitions:
1.) Staff believes that the proposal is in accordance with all applicable official physical development policies and other related official plans and policies of the City of Aurora.
2.) Staff believes that the proposal represents the logical establishment and consistent extension of the requested classification in consideration of the existing land uses, existing zoning classifications, and essential character of the general area of the property in question. The surrounding area consists of several other ORI zones/uses and the subject development sufficiently buffers the neighboring residential uses.
3.) Staff believes that the proposal is consistent with a desirable trend of development in the general area of the property in question, occurring since the property in question was placed in its present zoning classification.
4.) Staff believes that the rezoning will allow uses which are more suitable than uses that are permitted under the existing zoning verification. The property has sat vacant for some time under its existing classification.
5.) Staff believes that the rezoning is a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received 2 public inquiries requesting additional information on this petition as well as raising concerns regarding the potential for increased traffic and noise.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
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.
14.1 (4) To encourage quality site design throughout the City.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the Ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to rezone Property located at 2120 Sullivan Road from O(C) Office District with a Conditional Use to ORI Office, Research, Light Industrial
ATTACHMENTS:
Finding of Facts
Land Use Petition and Supporting Documents
Exhibit “A” Legal Description
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 ________________
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An Ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to rezone Property located at 2120 Sullivan Road from O(C) Office District with a Conditional Use to ORI Office, Research, Light Industrial
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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, Sri Venkateswara Balaji Temple of Greater Chicago 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 September 14, 2021, Panattoni Development Company filed with the City of Aurora a petition requesting to rezone the property at 2120 Sullivan Road from O(C) District to ORI District; and
WHEREAS, after due notice and publication of said notice, the Aurora Planning and Zoning Commission conducted a public hearing on November 3, 2021, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on November 10, 2021, 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 proposed Rezoning is not contrary to the purpose and intent of Chapter 49 of the Code of Ordinances, 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 Chapter 49 of the Code of Ordinances, City of Aurora, being the 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 O(C) Office District with a Conditional Use to ORI Office, Research, Light Industry District.