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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: March 23, 2023
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Aurora Metal Recycling Plan Description and Amending Chapter 49 of the Code of Ordinances, City of Aurora, by Modifying the Zoning Map Attached Hereto to an Underlying Zoning of M-1, Manufacturing District - Limited, for the Property Located West of Highland Avenue, and South of West New York Street.
PURPOSE:
The Petitioner, Aurora Metal Recycling, is proposing the rezoning and establishment of a Conditional Use Planned Development for the .15 acre lot, located west of North Highland Avenue and south of West New York Street, to allow for off-site employee parking.
BACKGROUND:
The Subject Property is zoned R-2, One Family Dwelling District. The lot’s width is approximately forty (40) feet, and has an area of approximately six thousand, four hundred (6,400) square feet. The lot is not buildable per the R-2 zoning district’s standards: the minimum lot width requirement is sixty (60) feet, and the minimum lot area requirement is eight thousand (8,000) square feet. The Subject Property is an Interior Lot, which is adjacent to a single-family home on the west, and the active BNSF railroad line to the west. The Comprehensive Plan designates the Subject Property as Utilities. The Subject Property is .15 acres and is vacant, with the exception of a ten (10) foot tall, solid corrugated metal fence around the entire property’s perimeter that was constructed by the Petitioner without a permit. On May 6, 2022, the City of Aurora’s Property Standards Division entered the presently active zoning violation for construction of the fence without a permit. The Petitioner met with the City’s Development Services Team two times to discuss the review processes, standards, and requirements: the first meeting was held on June 1, 2022, and the second meeting was held on February 16, 2023. Aurora Metal Recycling’s principal site is located at 601 Spruce Street.
The Petitioner, Aurora Metal Recycling, is requesting to rezone the Subject Property from R-2, One Family Dwelling District to M-1, Manufacturing District - Limited, and to establish a Conditional Use Planned Development, all to allow for the property to be used for employee parking. The Petitioner has provided a Qualifying Statement and site plan that outlines the scope of the proposal.
The Plan Description that Staff has prepared includes provisions that details the Zoning code requirements for the property’s development. The details of the request include provisions in the Plan Description that allows for the Subject Property to be utilized as a Parking Facilities, Non-Residential (4170) use, which the Zoning Ordinance allows only as an accessory use in the M-1 zoning district. The Plan Description also includes provisions that allow for the fence, to be constructed at a maximum permitted height of eight (8) feet, and to also allow for the fence material to be solid, corrugated steel, with a padlocked, chain-link gate.
The Plan Description also enforces a minimum twenty-five (25) foot Front Yard setback, and reduces the Interior Side Yard setback, where adjacent to residentially zoned properties, from twenty-five (25) feet to zero (0) feet, and reduces the Interior Side Yard setback and Interior Rear Yard setback, where adjacent to industrially zoned properties, from fifteen (15) feet to zero (0) feet. Also included is a provision to extend the maximum distance allowed for an off-street parking facility to be located from the Petitioner’s principal property at 601 Spruce Street, which is four hundred (400) feet, to Staff’s calculation of four hundred-sixty (460) feet.
DISCUSSION:
Staff has reviewed the Rezoning and Conditional Use Planned Development 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 exceptions of the following items which are also reflected in the conditions listed in the Recommendation below.
Staff has worked with the Petitioner to assemble a proposal that adequately reflects the scope of the Rezoning and Conditional Use Planned Development request. Below is a further presentation of the proposal.
The Zoning Division is requiring that, pending the outcome of the entitlements process, that the Petitioner comply with the Zoning code requirements. Zoning staff acknowledges that the surrounding area includes non-conforming industrial uses and structures, but always takes great effort to enforce Zoning code compliance, particularly in the case of new industrial development where it is contiguous to, and has an impact on, residentially zoned properties. This is the case with the residentially zoned properties that are west of the Subject Property on West New York Street. In addition, the Zoning Ordinance is clear that the manufacturing zoning district standards are intended to protect established residential areas, and the health of families living therein, by restricting those nearby manufacturing activities which may create offensive noise, vibrations, smoke, dust, odors, heat, glare, fire hazards and other objectionable influences, to those areas which are appropriate therefore. Staff has provided photographs of the existing fence to provide a sense of existing conditions, but also to indicate potential sight line issues that exist due to the fence's current location, opacity, material, and height in relation to the residential property to the east, and the BNSF rail line to the west of the Subject Property.
As a result of the Petitioner’s proposed improvements, the City of Aurora’s Engineering Department has provided review comments to the Petitioner. Due to the increase in new impervious, paved area, which is less than twenty-five thousand (25,000) square feet, the Petitioner is required to provide stormwater mitigation / Best Management Practices on the Subject Property to address stormwater run off. Based on the Engineering Department’s review of the current proposal, it is anticipated that stormwater run off will naturally flow towards the southwest, potentially pooling up in the rear yards of the adjacent residential properties, or remain on the Subject Property, further damaging the fence and pavement. A Stormwater Permit Application is required to be submitted for review, as well as a site plan that identifies the Best Management Practices. The Engineering Department is also requesting that Petitioner request an address be assigned to the Subject Property.
In addition, the City of Aurora’s Building & Permits Division requires that, for emergency purposes, that the Petitioner comply with the applicable building code requirements, which requires review of any lock boxes / padlocks on the gate, as well as the construction of an additional man gate for emergency egress.
PUBLIC INPUT:
Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received public inquiries regarding this petition. Residents near the subject property have voiced concerns regarding near traffic accidents that have occurred with passing pedestrians due to visibility issues caused by the fence in its current location, visibility issues with the trains passing on the active rail line, and potential criminals hiding inside the fence. Other concerns have included questions about why the fence was built without a permit and potential impacts on the property values of the surrounding properties. There has also been support for the proposal, with support for the fence being setback twenty-five (25) feet.
FINDINGS OF FACT:
Staff defers to the Qualifying Statement for a response to the Findings of Fact, which has been prepared by the Petitioner.
POLICIES AND GUIDELINES:
The Petitioner's evaluation is based on the following Physical Development Policies:
11.1(4): To encourage appropriate development on and maintenance according to code
of vacant lands within the corporate limits of the City.
12.0: To plan and provide for the growth of the City through the integration of land use
patterns and functions that promote complementary interactions between
different land use components.
14.0: To plan and provide for the growth of the City while protecting, conserving and
enhancing its social, cultural and aesthetic environment and economic resources.
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.
20.0: To insure the provision of decent housing and a quality living environment for
every resident of Aurora.
30.0: To develop and maintain an adequate supply of properly zoned areas for
commercial facilities to serve existing and future population needs.
32.0: To enhance the positive and minimize the negative impacts and relationships
that the location, design and appearance of commercial activities have on traffic
patterns and on the stability and vitality of surrounding neighborhoods, other
commercial centers, and the City as a whole.
50.0: To promote sound, diversified and organized industrial, office and commercial
growth within the City to widen employment opportunities and strengthen the
economic base.
51.1(6): To promote the location and expansion of commercial activities within the
City consistent with the Comprehensive Plan.
93.0: To enhance the visual and aesthetic environment throughout the City.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended CONDITIONAL APPROVAL with the following conditions:
1) As a means to help beautify the neighborhood and screen the property from the adjacent residential properties, that the Petitioner install landscaping in the Front Yard setback to meet the minimum two (2) Canopy Tree Equivalents for Perimeter Yard plantings, in the form of four (4) deciduous shrubs and four (4) evergreen shrubs that should be at least three (3) feet tall and three (3) wide at full maturity.
2) That, prior to any future construction on the property, that the Petitioner provide the necessary permits to the City of Aurora’s Building & Permits Division for review, approval, and issuance.
3) That the enclosed parking lot be improved with a gravel compacted macadam base, not less than four (4) inches thick, and surfaced with asphalt or asphaltic concrete.
4) That, due to the increase in new impervious and paved area, which is less than twenty-five thousand (25,000) square feet, that the Petitioner comply with the Engineering Department’s requirements for stormwater mitigation/best management practices, as a means to address stormwater runoff.
5) That the Petitioner provide a formal request to the Engineering Department so that an address can be assigned to the Subject Property.
6) That, per the Building & Permits Division, the Petitioner comply with any and all applicable building code requirements for gated access to the Subject Property for emergency purposes, including review of any lock boxes / padlocks.
7) That, per the Building & Permits Division, the Petitioner comply with and all applicable building code requirements for the construction of a man gate for emergency egress.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Land Use Petition and Other Supporting Documents
Qualifying Statement
Visual Rendering
Neighborhood Petition
Site Plan
Fence Photos
DST Meeting Notes
Engineering Department Review Comments
Property Parcel Maps
Legistar History Report
Legistar Number: 23-0238
cc: Building, Zoning and Economic Development Committee:
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 Establishing a Conditional Use Planned Development, Approving the Aurora Metal Recycling Plan Description and Amending Chapter 49 of the Code of Ordinances, City of Aurora, by Modifying the Zoning Map Attached Hereto to an Underlying Zoning of M-1, Manufacturing District - Limited, for the Property Located West of Highland Avenue, and South of West New York Street.
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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, AURORA METAL RECYCLING 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 3/2/2023, Aurora Metal Recycling filed with the City of Aurora a petition in the form of Exhibit “B” attached hereto, and have been duly submitted to the Corporate Authorities of the City of Aurora for review for the property described in Exhibit “A”; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on March 22, 2023, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on March 29, 2023, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended CONDITIONAL 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 Conditional Use 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: In accordance with Section 104.3 of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, and Article V of Chapter 34 of the Code of Ordinances, City of Aurora a Conditional Use permit is hereby granted for a Planned Development for the real estate property legally described in Exhibit “A”.
Section Six: That this Conditional Use permit hereby granted is solely for the purpose of a Planned Development and is subject to all of the conditions set forth herein which shall be binding and remain in full force and effect upon the property, the petitioner and their respective heirs, executors, administrators, successors, assigns and devisees for the duration of said conditional use.
Section Seven: That the Plan Description in the form of Exhibit “B” attached hereto and included herein by reference as if fully set forth and incorporated in and made a part of this Ordinance is hereby approved with the following conditions:
1) As a means to help beautify the neighborhood and screen the property from the adjacent residential properties, that the Petitioner install landscaping in the Front Yard setback to meet the minimum two (2) Canopy Tree Equivalents for Perimeter Yard plantings, in the form of four (4) deciduous shrubs and four (4) evergreen shrubs that should be at least three (3) feet tall and three (3) wide at full maturity.
2) That, prior to any future construction on the property, that the Petitioner provide the necessary permits to the City of Aurora’s Building & Permits Division for review, approval, and issuance.
3) That the enclosed parking lot be improved with a gravel compacted macadam base, not less than four (4) inches thick, and surfaced with asphalt or asphaltic concrete.
4) That, due to the increase in new impervious and paved area, which is less than twenty-five thousand (25,000) square feet, that the Petitioner comply with the Engineering Department’s requirements for stormwater mitigation/best management practices, as a means to address stormwater runoff.
5) That the Petitioner provide a formal request to the Engineering Department so that an address can be assigned to the Subject Property.
6) That, per the Building & Permits Division, the Petitioner comply with any and all applicable building code requirements for gated access to the Subject Property for emergency purposes, including review of any lock boxes / padlocks.
7) That, per the Building & Permits Division, the Petitioner comply with and all applicable building code requirements for the construction of a man gate for emergency egress.
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 conditional use the City Council shall take the necessary steps to repeal this Ordinance.
Section Nine: That future proposals for expansion or intensification of whatever kind for the property legally described in said Exhibit “A”, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Article V of Chapter 34 of the Code of Ordinances, City of Aurora.
Section Ten: 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 District to District. Upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of shall be in full force and effect.
Section Eleven: That this Planned Development shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Twelve: That all modifications and exceptions under the Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance, as set forth in the Plan Description, are here by granted and approved.