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TO: Mayor Richard C. Irvin
FROM: Stephen Broadwell, AICP, Planner
DATE: September 19, 2024
SUBJECT:
An Ordinance Annexing Property, being Vacant Land Located at the Southeast Corner of Bilter Road and Nan Street, to the City of Aurora, Illinois, 60502. (City of Aurora Fire Station #13 - 24-0566 / AU01/1-24.291-A/CUPD/FPN - SB - Ward 1)
PURPOSE:
The City of Aurora is requesting approval of the annexation of the property located at the southeast corner of Bilter Rd and Nan St, which includes the property being assigned the R-1, One Family Dwelling District.
BACKGROUND:
The Subject Property is a vacant, approximately two and a half (2.5) acre lot, which is located at the southeast corner of Bilter Rd and Nan St. The Subject Property is located within Unincorporated Kane County. The Comprehensive Plan designates the Subject Property as Low Density Residential, with the eastern portion designated as Conservation, Open Space, Recreation, Drainage, while the adjacent block of Bilter Rd designated as Major Collector, and Nan St is designated as Local Street. The City of Aurora has owned the property since 2015.
The Petitioner, the City of Aurora, is requesting approval of an Annexation for the property located at the southeast corner of Bilter Rd and Nan St. The Subject Property is contiguous to incorporated Aurora along its eastern property line and Bilter Rd frontage. As is standard with the annexation process, the Subject Property is to be incorporated to the R-1, One Family Dwelling District.
Concurrently with this proposal, the City of Aurora is requesting approval of a Conditional Use Planned Development for the property located at the southeast corner of Bilter Rd and Nan St. The details of the request include approval of a Conditional Use Planned Development that incorporates the Public Facilities and Services (6200) use as a permitted use. The setbacks are reduced as follows: the minimum Front Yard setbacks are reduced from thirty (30) feet to eleven (11) feet, and reduces the Rear Yard setback from thirty (30) feet to eight and a half (8.5) feet. The minimum parking requirement is one (1) space per three hundred (300) square feet of Gross Floor Area. The minimum parking requirement is twenty-five (25) parking spaces. As indicated within the Conditional Use Planned Development, the property is to otherwise remain within the R-1, One Family Dwelling District. In order to allow the Subject Property to be utilized for institutional use, Staff has also included a provision to the Plan Description that increases the allowed maximum lot coverage to sixty and a half (60.5) percent.
Concurrently with this proposal, the City of Aurora is requesting approval of a Final Plan for the property located at the southeast corner of Bilter Rd and Nan St. The details of the request include construction of the Subject Property for an approximately nineteen thousand, six hundred (19,600) square foot fire station. Fire Station #13 is to have a peak height of approximately twenty-five (25) feet, six (6) inches, a total of eight (8) bay doors, and its exterior material is to be a mixture of masonry and composite metal panel. The Final Plan shows the Subject Property is to have a new access to Bilter Rd, as well as a new northern access on Nan St, and a second new access on Nan St. The Subject Property is to have twenty-eight (28) striped parking spaces. The Final Plan shows the fire trucks will be entering the Subject Property from the Nan St access and exiting from the Bilter Rd access. The Subject Property is also shown to be fully landscaped per the applicable Zoning code requirements, with consideration given to screening the adjacent residential properties with a solid, six (6) foot fence. There will be eight (8) to nine (9) employees on the Subject Property during a shift, which is typically a twenty-four (24) hour period.
The Final Plan also shows the Subject Property’s lot lines as they exist after the right-of-way is dedicated for both Bilter Rd and Nan St. The dedicated right-of-way width on Bilter Rd, which is measured here from the centerline, is between forty (40) and fifty (50) feet. The dedicated right-of-way on Nan St, which is measured here from the centerline is approximately thirty-one (31) feet. .
DISCUSSION:
Staff has reviewed the Conditional Use Planned Development ordinance and have sent comments back to the design team based on those submittals. The changes have been made to these documents and they now meet the applicable codes and ordinances.
In addition to the details of the proposal mentioned above in this Staff Report, it is worth noting the limited fire coverage for the existing and planned residential, commercial, and industrial portion of Aurora that is north of the I-88 Toll Road. Otherwise, the closest operational fire station is North Aurora's fire station near the intersection of Rte 31 and Rte 56, and Warrenville's fire station near the intersection of Rte 56 and N St Rte 59. Construction of the proposed Fire Station #13 is fulfilling the City's crucial public safety obligations for this area as the same needs change over time and Aurora and the surrounding communities continue to develop.
It is important to clarify the importance of the Subject Property’s proposed development in relation to other concurrent, adjacent improvements currently underway with the City of Aurora along Bilter Rd. The City of Aurora is currently undergoing separate review for regional improvements on Bilter Rd near the Subject Property, including widening the right-of-way and the addition of left-turn lanes just north of the Subject Property onto Nan St and Beverly Dr. To this point, the Final Plan indicates an eight (8) foot wide multi-use path along Bilter Rd, and left-turn lanes in both directions at the intersection of Beverly Dr and Bilter Rd. There is also dedicated right-of-way shown on the Subject Property's Nan St frontage, as well as a five (5) foot wide sidewalk. These improvements are all incorporated into and reflected in Staff's review and discussion of this Final Plan and Conditional Use Planned Development.
In addition, the dedicated right-of-way on Bilter Rd, which is to be between forty (40) and fifty (50) feet from the centerline, reduces the amount of buildable space on the Subject Property. With this in mind, the Plan Description’s requested changes to the R-1 zoning district’s use and bulk restrictions, as previously discussed in this Staff Report, are based on the need to provide a crucial public safety resource, while also developing the Subject Property in a way that fits the needs of a modern, state of the art fire station. It is also worth noting that five (5) of Aurora’s eight (8) existing fire stations are located in Residentially zoned properties. In addition, it is not uncommon for institutional uses to require modifications to the bulk restrictions that allow the Subject Property to be screened from any adjacent residential properties, while also being developed to meet the unique needs of the development that may otherwise be restricted by the underlying Residential zoning standards.
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.
22.1 (2): To protect designated areas of existing conventional single-family development
from inappropriate highly intensive land uses.
71.1 (1): To locate and direct urban growth to areas where municipal services are
available or proposed.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the ordinance annexing property, being vacant land located at the southeast corner of Bilter Road and Nan Street, to the City of Aurora, Illinois, 60502.
ATTACHMENTS:
Exhibit "A" - Legal Description
Exhibit "B" - Plat of Annexation
Exhibit "C" - Annexation Notification Mailing
Land Use Petition and Supporting Documents
Qualifying Statement
Property Parcel Maps
cc: Building, Zoning, and Economic Development Committee:
Alderwoman Patty Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman Bill Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Annexing Property, being Vacant Land Located at the Southeast Corner of Bilter Road and Nan Street, to the City of Aurora, Illinois, 60502.
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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, City Of Aurora, 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 Wednesday, July 24, 2024, the above-named owner petitioned the City of Aurora to annex the real property legally described on said Exhibit “A” to the City of Aurora, in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8); and
WHEREAS, the above-named party, as owner of record of the real estate legally described on said Exhibit “A”, requested that the property be zoned pursuant to the provisions of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto; and
WHEREAS, the corporate authorities of the City of Aurora have determined that the property is contiguous to the City of Aurora and is not within the corporate limits of any other municipality and that the petition in all other respects conforms to the requirements of law; and
WHEREAS, due statutory notice has been given to those entities listed in the affidavit and Annexation Notification List attached hereto as Exhibit “C”, including the County Clerk (as election authority), the supervisor, clerk and all respective members of township board and the highway commissioner in any affected township, and the trustees of any fire protection district in which the Subject Property is located.
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 real estate described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, be, and the same is hereby annexed to the City of Aurora, Illinois.
Section Six: That the property to the far side of any adjacent public right-of-way within said annexed area, and the same is, hereby also annexed to the City of Aurora, Illinois.
Section Seven: That the corporate limits of the City of Aurora, and the same are, hereby extended to include the territory hereby annexed to the City of Aurora, Illinois.
Section Eight: That the real estate legally described on said Exhibit “A” is hereby placed in the R-1 One-Family Dwelling District zoning classification of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, pursuant to Section 103.2(h) of said Ordinance.
Section Nine: That the City Clerk of the City of Aurora is hereby authorized and directed to file with the applicable County Recorder of Deeds a certified copy of the Ordinance, together with an accurate plat of the territory annexed, which plat shall be certified as to its correctness and attached hereto as Exhibit “B”.