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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: August 17, 2017
SUBJECT:
An Ordinance Granting a Variance to the Wetland Buffer Width Requirement standards of Chapter 18, Article V of the City's Code of Ordinances, being the Stormwater Management Ordinance, for property located at 1555 Butterfield Road being south of Butterfield Road and west of Beverly Drive. (Butterfield Village Center, LLC - 17-00726 / BA36/3-15.142-Fpn/R/VAC/DED/V - AM - Ward 1)
PURPOSE:
The Petitioner Butterfield Village Center, LLC is requesting approval of a Variance to the Wetland Buffer Width Requirement standards on Lot 6 of Butterfield Village Center Subdivision Phase II located at 1555 Butterfield Road which includes the reduction of the buffer from 50 feet to 5 feet when developed pursuant to an approved Final Plan.
BACKGROUND:
The Subject Property is located at 1555 Butterfield Road and is an existing retail center with PDD Planned Development District zoning, which is part of the Farnsworth International Planned Development District and the Butterfield Village Center Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
In June of 2001 the City Council adopted, with some amendments, the Kane County Stormwater Ordinance as the regulatory standards for the City of Aurora. Chapter 18, Article V of the City's Code of Ordinances, being the Stormwater Management Ordinance, specifically Chapter 9 Sec. 9-94.A.3 of the Kane County Code of Ordinances, requires a minimum wetland buffer of 50 feet. The Petitioner is requesting approval of a Variance to the Wetland Buffer Width Requirement. The details of the request include the reduction of the buffer standard from 50 feet to 5 feet at its closest location due to the design of the new patio being built and the expansion of the existing parking lot.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan Revision, the details of the request includes a patio to be installed on the east wall of the existing retail building to provide outdoor seating for the endcap restaurant, and the expansion of the parking lot to provide an additional 17 parking stalls, for a total of 135 parking stalls, and 5 handicap stalls to serve the retail center.
DISCUSSION:
Staff has reviewed the petition and finds that the proposed Variance is not contrary to the purpose and intent of Chapter 18, Article V of the City's Code of Ordinances, being the Stormwater Management Ordinance.
The Stormwater Ordinance allows for variances to be granted pursuant to Chapter 9 Article X of the Kane County Code of Ordinances. Pursuant to Section 9-205 of said ordinance certain standards must be met and supported with substantial evidence at the public hearing. Those standards can be found in the attached Finding of Fact Sheet.
In evaluating the petition the Engineering Staff found that the proposed Wetland Buffer Width Requirement Variance:
Will not increase the probability of flood damage; as the delineated wetlands will not be encroached upon. There are no means other than the requested variance by which the demonstrated hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development; as the developer has taken every step possible to maintain the large existing wetlands and is asking for a reduction in the buffer in just a few small areas to facilitate the development of the property. The request is not solely for the purpose of increasing the density of the development nor impervious areas on the site; but to increase the vehicular circulation and distribution of parking spaces on the site and increase the enjoyment of the wetland area by opening up views from the patio area. The request is not solely as a result of economic hardship; but rather the non-self-imposed physical constraints, and the unique natural topographical features of the site with the minimal buildable depth from the existing roadway frontage.
IMPACT STATEMENT :
The Planning and Zoning Division would anticipate that this project will increase the City’s overall tax base and viability by facilitating investment and development which will offset any incidental Department or staffing impacts, enhancing the city’s infrastructure and improving services to its residence. Additionally, certain impacts will be offset by the applicable Impact Fees.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the Ordinance Granting a Variance to the Wetland Buffer Width Requirement standards of Chapter 18, Article V of the City's Code of Ordinances, being the Stormwater Management Ordinance, for property located at 1555 Butterfield Road being south of Butterfield Road and west of Beverly Drive.
ATTACHMENTS:
Property Research Sheet
Exhibit “A” Legal Description
Exhibit "B" Final Plan
Finding of Fact Sheet
Legistar Number: 17-00572
cc: Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Variance to the Wetland Buffer Width Requirement standards of Chapter 18, Article V of the City's Code of Ordinances, being the Stormwater Management Ordinance, for property located at 1555 Butterfield Road being south of Butterfield Road and west of Beverly Drive.
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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, Butterfield Village Center LLC 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 June 21, 2017, Butterfield Village Center, LLC filed with the City of Aurora a petition Requesting approval of a Stormwater Variance on Lot 6 of Butterfield Village Center Subdivision Phase II located at 1555 Butterfield Road; and
WHEREAS, on August 16, 2017, the Planning Commission of the City of Aurora held a public hearing and therein found that the requested variation met the standards prescribed in Chapter 18, Article V of the City's Code of Ordinances and Chapter 9 Article IX of the Kane County Code of Ordinances and recommended APPROVAL; and
WHEREAS, on August 24, 2017, the Planning and 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 Commission, finds that the proposed Variance is not contrary to the purpose and intent of Chapter 18, Article V of the City's Code of Ordinances, being the Stormwater Management 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: That the real property legally described on Exhibit “A” is hereby granted the following variation from the standards of Chapter 18, Article V of the City's Code of Ordinances, being the Stormwater Management Ordinance:
Chapter 18 Article V of the City's Code of Ordinances, specifically Chapter 9 Sec. 9-94.A.3 of the Kane County Code of Ordinances: Wetland Buffer Width Requirement.
Section Six: 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”.
Section Seven: That said Variance is granted specifically contingent upon the following conditions:
1. That the property described in Exhibit “A” be developed in accordance with the site
plan described on Exhibit “B”; and
2. That a wetland conservancy easement be established on the entire on-site wetland,
and that long-term maintenance is provided by a property owners association.
3. That the Final Engineering Plans are approved by the City; said Final Engineering
approval is contingent upon IDOT approval, receipt of an Army Corp. wetland impact
permit, approval of the City’s Wetland Consultant, and this variance.
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 said conditions the City Council shall take the necessary steps to repeal this Ordinance.
Section Nine: 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-1”.