Aurora, Illinois

File #: 14-00300    Version: Name: Gonnella Baking Co.
Type: Ordinance Status: Passed
File created: 4/11/2014 In control: City Council
On agenda: 6/10/2014 Final action: 6/10/2014
Title: An Ordinance Granting a Variance to reduce the north side yard setback from 15 feet to 5.6 feet for the Expansion to the Existing Facility Located at 2435 Church Road, Aurora, Illinois 60502
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TO:      Mayor Thomas J. Weisner
 
FROM:      Edward T. Sieben, Zoning Administrator
 
DATE:      May 16, 2014
 
SUBJECT:
An Ordinance Granting a Variance to reduce the north side yard setback from 15 feet to 5.6 feet for the Expansion to the Existing Facility Located at 2435 Church Road, Aurora, Illinois 60502 (Gonnella Baking Co. - AU02/2-13.476-V/Fpn - ES Ward 1)
 
PURPOSE:
The petitioner, Gonnella Baking Co., is proposing Variance Petition to reduce the north side yard setbacks from 15 feet to 5.6 feet for the expansion to the existing facility located 2435 Church Road..
 
BACKGROUND:
Legislative History:
Date             Review Body                  Motion                        Vote
5/13/2014      Planning Council            Forward                    Unanimous
5/21/2014      ZBA                        Conditional Approval      Unanimous                   .
 
DISCUSSION:
Proposal: Gonnella Baking Co. is proposing a 55,322 sf. building expansion onto their existing 58,017 sf. main production building.  A new parking lot, truck docks, and access around the building will be constructed.  Detention is being provided, and a new water main loop will be constructed.  A possible future building expansion is shown on the east end of the addition.  All setbacks will be met with the addition with the exception of the north property line.  A portion of the drive aisle will be within 5.6' to the north property line in lieu of the required 15' setback.  70 parking stalls will be added to the existing 40, for a total of 110.  An additional 43 spaces will be land banked if needed in the future.
 
IMPACT STATEMENT:
This large expansion of a major business will result in additional jobs within the City, additional landscaping, and right of way dedication for Church Road at no expense to the City.
 
RECOMMENDATIONS:
The Zoning Board of Appeals recommended CONDITIONAL APPROVAL of the ordinance granting a Variance to reduce the north side yard setback from 15 feet to 5.6 feet for the expansion to the existing facility located at 2435 Church Road, with the following conditions:  
1.       That the banked parking be constructed in the future if it is determined to be required based on demand.
2.       That additional canopy tree equivalents be added at 3 per 100 feet along the new driveways along the north and south property lines.
3.        That the petitioner dedicate 7 feet of right-of-way along Church Road (40 feet total from centerline).
 
ATTACHMENTS:
Commission Memo
Commission Minutes Report
Property Research Sheet
Planning Council Report
Land Use Petition
Qualifying Statement
Final Plan
Landscape Plan
Fire Plan
Building Elevations
 
 
cc:      Alderman Saville, Chairman
      Alderman Donnell
      Alderman Irvin
      Alderman Hart-Burns, Alternate
 
 
 
CITY OF AURORA, ILLINOIS
 
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Granting a Variance to reduce the north side yard setback from 15 feet to 5.6 feet for the Expansion to the Existing Facility Located at 2435 Church Road, 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, Gonnella Baking Co. is the owner of record of the real estate commonly known as 2435 Church Road and legally described on Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth, has made application for a variation of Ordinance No. 3100, being the Aurora Zoning Ordinance, requesting Variance Petition to reduce the side yard setbacks from 20 feet to 6 feet for the expansion to the existing facility as provided by Section 9.2-5.12 of said Ordinance; and
 
WHEREAS, on May 21, 2014, the Zoning Board of Appeals of the City of Aurora held a public hearing and therein found that the requested variation met the standards prescribed by Section 9.2-5.12 of said Ordinance and therein and recommended Conditional Approval; and
 
WHEREAS, on May 29, 2014, the Planning and Development Committee of the City Council of the City of Aurora reviewed the findings and recommendation of the Zoning Board of Appeals of the City of Aurora and recommended Conditional Approval; and
 
 
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 the real property commonly known as 2435 Church Road and legally described on Exhibit "A" is hereby granted the following variation from the standards of Ordinance No. 3100, being the Aurora Zoning Ordinance:
 
Sec. 9.2-5.12: Reduction of the north side yard setback from 15 feet to 5.6 feet
 
With the following conditions:
 
1) That the banked parking be constructed in the future if it is determined to be required based on demand.
2) That additional canopy tree equivalents be added at 3 per 100 feet along the new driveways along the north and south property lines.
3) That the petitioner dedicate 7 feet of right-of-way along Church Road (40 feet total from centerline).
 
Section Three: That the plan(s), hereafter referred to as Exhibit "B", shall be attached hereto and incorporated herein by reference as if fully set forth.
 
Section Four: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.  
 
Section Five: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.  
 
Section Six: 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 Seven: That the City Clerk of the City of Aurora is hereby authorized and directed to file with Kane County Recorder's Office a certified copy of this Ordinance, on the property legally described on Exhibit "A".
 
 
PASSED AND APPROVED on ______________.
 
AYES ____     NAYS ____     NOT VOTING ____     ABSENT ____
 
 
ATTEST:
 
____________________________                  __________________________
                City Clerk                                          Mayor
 
Legistar Number: 14-00300
 
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Information Sheet
 
EXHIBIT "A"
Legal Description
For the Variance for the property located at 2435 Church Road
 
LEGAL DESCRIPTION
THAT PART OF THE EAST 1/2 OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 2; THENCE SOUTH 89 DEGREES 59 MINUTES WEST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 677.50 FEET; THENCE NORTH 0 DEGREES 20 MINUTES EAST 956.60 FEET; THENCE SOUTH 88 DEGREES 13 MINUTES EAST 253.40 FEET; THENCE NORTH 1 DEGREE 43 MINUTES EAST 284.40 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES EAST 1309 FEET, THENCE NORTH 1 DEGREE 15 MINUTES EAST 376 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES EAST 1332.94 FEET TO THE CENTER LINE OF CHURCH ROAD; THENCE SOUTHWESTERLY OF SAID CENTER LINE BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 1688.20 FEET 808.70 FEET; THENCE SOUTH 35 DEGREES 45 MINUTES WEST ALONG SAID CENTER LINE 127.60 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES EAST ALONG THE SOUTH LINE OF FORMER SCHOOL LOT 366.82 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 1 DEGREE 20 MINUTES WEST 553.78 FEET; THENCE NORTH 89 DEGREES 41 MINUTES WEST PARALLEL WITH THE SOUTH LINE OF SAID
FORMER SCHOOL LOT, 150.02 FEET TO A POINT THAT IS 150 FEET WESTERLY OF THE PROLONGATION OF THE LAST DESCRIBED COURSE (MEASURE AT RIGHT ANGLES THERETO) FOR A POINT OF BEGINNING; THENCE SOUTH 1 DEGREE 20 MINUTES WEST 612.13 FEET TO THE NORTHERLY LINE OF A TRACT OF LAND CONVEYED TO NORTHERN ILLINOIS GAS COMPANY BY DOCUMENT 1118605; THENCE SOUTH 89 DEGREES 34 MINUTES 17 SECONDS WEST ALONG SAID NORTHERLY LINE 868.77 FEET TO SAID CENTER LINE OF CHURCH ROAD;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE 687.85 FEET TO A POINT THAT IS NORTH 89 DEGREES 41 MINUTES WEST OF THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 41 MINUTES EAST 591.68 FEET TO THE POINT OF BEGINNING; IN THE CITY OF AURORA, KANE COUNTY, ILLINOIS
 
 
 
Parcel Number(s): 15-02-200-023 and 15-02-427-003
Commonly known as: 2435 Church Road located in Kane County.
 
EXHIBIT "B"
Plan Information Sheet
Documents for the property located at 2435 Church Road
 
 
Case File Number:  AU02/2-13.476-V/Fpn
 
Tax Parcel Number:  15-02-200-023 and 15-02-427-003
 
Owner:  
Gonnella Baking Co.
2435 N. Church Road
Aurora, IL 60502
 
Plan Prepared By:
Spaceco Inc.
9575 W. Higgins Road, Suite 700
Rosemont, IL 60018
Date Plan Received:  5/12/2014
 
Landscape Plan Prepared By:
Beary Landscaping
15001 W. 159th Street
Lockport, 60441
Date Landscape Plan Received:  5/12/2014
 
NOTE:  A COPY OF THESE DOCUMENTS AS REFERENCED HEREON ARE ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.