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TO: Mayor Richard C. Irvin and City Council
FROM: Planning & Zoning Division
DATE: November 9, 2021
SUBJECT:
An Ordinance Amending the Zoning Ordinance and the Zoning Map Attached Thereto, by Rezoning Property Located at the Southwest Corner of Liberty Street and County Line Road from R-1 One Family Dwelling District to M-1 Manufacturing District - Limited
PURPOSE:
The City of Aurora is requesting to rezone the property located at the southwest corner of Liberty Street and County Line Road from R-1 One Family Dwelling District to M-1 Manufacturing District - Limited, which consists of approximately 24.5 acres of vacant land that is being concurrently annexed to Aurora from Unincorporated Kane County.
BACKGROUND:
The subject property consists of approximately 24.5 acres of vacant land that is currently located in Unincorporated Kane County. The Aurora Comprehensive Plan designates a majority of the subject property as Industrial, with a portion of the property that fronts on East New York Street designated as Office / Research / Light Industrial. The subject property has two frontages: the northern frontage is on Liberty Street while the southern frontage is on East New York Street. Additional information on the legislative history of the subject property can be found in the attached Property Research Sheet.
The City, as petitioner, is requesting to rezone the subject property from the R-1 One Family Dwelling district zoning, which is assigned during the concurrent Annexation process, to the M-1 Manufacturing District - Limited zoning district. Details of the request include rezoning the subject property as a means to allow for future development for the City's Public Works Facility, which will include a building with space for office, and enclosed vehicle storage and maintenance of vehicles utilized by the Public Works Department. The subject property will also host outdoor storage and a fueling station for Public Works vehicles, all of which will be developed in compliance with the applicable M-1 zoning district standards for use and screening standards, per our Zoning Ordinance.
Concurrently with this proposal, the City is requesting the Annexation of approximately 24.5 acres of vacant land, which is located at the southwest corner of Liberty Street and county Line Road, in Unincorporated Kane County. As is standard in the Annexation process, the subject property will be automatically incorporated to the R-1, One Family Dwelling District. The concurrent Rezoning process is required to formally change the annexed property's zoning from the R-1 zoning district to the M-1 zoning district.
DISCUSSION:
Staff has reviewed the petition and have prepared revisions based on the submittal. The requested revisions have been made and the required documents now meet the applicable codes and ordinances.
This 24.5 acre parcel is part of a larger area of far eastern Aurora Township essentially between Crane/Eastern Avenues on the west, and the Kane/DuPage County line on the east and the Burlington Railroad on the north, and almost to New York Street on the south which has been designated for future Industrial uses since the first City of Aurora Comprehensive Plan in 1984. This reflects the trend and character of the area which has been existing industrial uses primarily north of Liberty Street within unincorporated Kane County and mixed commercial and industrial in addition to farmland south of Liberty Street.
The property is actually zoned F-Farming in unincorporated Kane County. As stated above, whenever the City annexes property, it is automatically given an R-1 Residential Zoning, and then is immediately rezoned to reflect the Comprehensive Plan and the development at hand.
The townhome communities of Legacy Fields to the east, south of Liberty Street, and Reflections, north of Liberty Street, were approved by the City of Aurora knowing that Industrial uses to the west of them were either existing or proposed. Reflections has a bermed and heavily landscaped 75 foot setback to the county line (property line) adjacent to the DuKane Precast property, which has buildings and storage yards right up to the property line. Legacy Fields has primarily a 35 foot setback from their buildings to the county line (property line). To respect the residential community, the City's concept plan for the Public Works facility has incorporated extra setbacks and buffering, even beyond what was done at Reflections. It is proposing an approximate 110 foot setback to the property line. This is well beyond the required minimum 25 foot setback for an M-1 use adjacent to residential. This will have a tall berm with heavy landscaping. In addition, the less intensive administration portion of the building and a car parking lot will be to the east end of the proposed facility, again respecting the existing development to the east. As the Public Works Director will describe at the hearing, the majority of traffic, especially truck traffic, will use the New York street access, and not the Liberty Street access. New York Street is an arterial street. Liberty Street is an arterial street east of the county line, and a major collector west of the county line. Still, truck traffic will be predominately routed onto New York Street.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this report, Staff has received public inquiries regarding this petition. The questions raised have been in regards to traffic that will be generated as a result of future development, the impacts of a light manufacturing use where adjacent to a residential property, impacts on air quality and noise pollution in the neighborhood surrounding the subject property, and impacts on property values in the surrounding neighborhood.
POLICIES AND GUIDELINES:
14.1 (1): To foster future growth in the City that does not contribute to deterioration
in either existing developments of a reduction in the City’s ability to
provide adequate services.
41.1 (2): To promote a balanced distribution of industries within the City.
41.1 (7): To encourage improvements in existing industrial areas that minimize
industrial blight and reduce incompatibilities with neighboring land uses.
RECOMMENDATIONS:
The Planning & Zoning Commission recommended DENIAL of the ordinance amending the Zoning Ordinance and the zoning map attached thereto, by rezoning property located at the southwest corner of Liberty Street and County Line Road from R-1 One Family Dwelling District to M-1 Manufacturing District - Limited. The Building, Zoning, and Economic Development Committee, upon review of the record of the Commission has recommended approval of the rezoning.
ATTACHMENTS:
Exhibit "A" Legal Description
Concept Plan
Comprehensive Plan Designation
HOA Attorney Response Letter
Ward 7 Petitioner Letter
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number 20-0880
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 ________________
title
An Ordinance amending the Zoning Ordinance and the Zoning Map Attached Thereto, by Rezoning Property Located at the Southwest Corner of Liberty Street and County Line Road from R-1 One Family Dwelling District to M-1 Manufacturing District - Limited
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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, the 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 December 21, 2020, City of Aurora requested, upon annexation, to rezone said property located at the southwest corner of Liberty Street and County Line Road from R-1 One Family Dwelling District to M-1 Manufacturing - Limited District; and related required documents as attached hereto as Exhibits "A”; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on February 3, 2021, reviewed the rezoning petition and recommended denial of said petition, despite finding as fact that a majority of the factors set forth in Chapter 49 of the Code of Ordinances, City of Aurora ("Zoning Ordinance,") in support of the petition were established; and
WHEREAS, on October 27, 2021, the Building, Zoning and Economic Development Committee of the City Council reviewed said petition and the record of the Commission's proceedings and recommended approval of said petition; and
WHEREAS, the City Council, based upon its review of the record of the Planning & Zoning Commission and the standards set forth in the Zoning Ordinance, finds that the proposed rezoning is not contrary to the purpose and intent of said 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: That upon review of the record of the Planning and Zoning Commission, and, notwithstanding the recommendation thereof, the City Council further finds as fact that the proposed rezoning is:
1. In accordance with all applicable official physical development policies and other related official plans of the City;
2. Represents the logical establishment and consistent extension of the requested classification in consideration of existing land uses, existing zoning classifications, and essential character of the general area of the property in question, noting specifically the intended use's conformity with neighboring industrial uses and the Comprehensive Plan;
3. 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, desirability being defined as the trend's consistency with applicable official physical development policies and other related official plans and policies of the City, including, but not limited to the Comprehensive Plan and the Capital Improvement Plan;
4. Compatible in its relationship with the traffic pattern and traffic volume of adjacent streets and not have an adverse effect upon traffic or pedestrian movement and safety in the general area of the property in question;
5. Able to provide adequate public services and facilities while having no adverse effect upon existing public services and facilities;
6. Designed so as to provide ingress and egress as to maximize pedestrian and vehicular circulation ease and safety, minimize traffic congestion, and does not substantially increase the congestion in the public streets;
7. A consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area, including specifically the uses to its north and south and its use as intended by the Comprehensive Plan; and
8. Capable of permitting uses which are more suitable than the uses permitted under the existing zoning classification.
Section Six: That Chapter 49 of the Code of Ordinances, City of Aurora, Illinois, 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 R-1 One Family Dwelling District to M-1 Manufacturing District - Limited.