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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: February 8, 2019
SUBJECT:
An Ordinance Establishing a Special Use Planned Development, pursuant to an Approved Annexation Agreement, located south of Diehl Road, east of County Line Road and north of the Prairie Path, to be incorporated under the existing MTJ, LLC Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of ORI Office, Research, and Light Industrial District (Abbey Paving Co., Inc. - 19-0007 / NA07/1-18.076-PA/A/ SU/PD/R/Fsd/Fpn/R - JM - Ward 10)
PURPOSE:
The Petitioner Abbey Paving Co., Inc. is requesting the Establishment of a Special Use Planned Development, pursuant to an Annexation Agreement, on the property located south of Diehl Road, east of County Line Road, and north of the Prairie Path, to be incorporated under the existing Special Use Planned Development for MTJ, LLC with an underlying ORI Office, Research, and Light Industrial District zoning district which will allow the entire Abbey Paving site, including the new portion being annexed, to be under the same Plan Description.
BACKGROUND:
The Subject Property consists of a vacant piece of land with Unincoporated, DuPage County zoning along with light industrial use with ORI(S) Office, Research, and Light Industrial with a Special Use zoning. Additional information on the legislative history of the properties can be found in the attached Property Information Sheets. The Aurora Comprehensive Plans identifies the properties as Office/Research/Light Industrial.
The Annexation Agreement, Annexation, Special Use Planned Development, Plan Description Revision, Final Plat Revision, and Final Plan Revision are being reviewed and approved concurrently under separate actions.
The Petitioner is requesting for the property being annexed the Establishment of a Special Use Planned Development to be incorporated under the existing Special Use Planned Development for MTJ, LLC with an underlying ORI Office, Research, and Light Industrial zoning district.
Concurrently with this proposal, the Petitioner is requesting approval of an Annexation Agreement and Annexation of 1.0 acres located south of Diehl Road, east of County Line Road, and north of the Prairie Path. The Annexation Agreement includes provisions for annexing and incorporating the area into an existing Special Use Planned Development and for a subsequent revision to the Plan Description.
The Petition is also requesting a Plan Description Revision to the above Special Use Planned Development to revise the rear yard setback from 100 feet from the Prairie Path to 100 feet from the Prairie Path for primary buildings and 40 feet for accessory structures. The parking setback of 20 feet from the property line will remain. This revision will allow Abbey Paving to construct an accessory, climate controlled storage building in order to expand their business.
In addition, a Final Plat Revision is being requested in order to incorporate the property being annexed into the existing Lot 1 and 2 of Madden Molitor Subdivision and establishing Lot 1 and 2 of Madden Molitor Resubdivision.
Lastly, the Petitioner is requesting approval of a Final Plan Revision for Lot 1 and 2 of the new Madden Molitor Resubdivision for a Paving and Related Businesses use. The details of the request include the development of a 6,400 square foot climate controlled building for storage of construction equipment and materials on the southern end of the property. To the north of the building, facing the current facility, will be a 2,400 square foot open area covered by an extension of the roofline. The Building Elevations are designed to reflect a barn with concrete along the base and metal, vertical siding on the remainder. The roof will be clad in asphalt with shed roof dormers along the front façade. The entrances will be through garage doors on the north façade, facing the existing facility, and on the east elevation. Pavement will be extended along the entire front of the building and to the east side of the building. Behind the building will remain open, grassed area. The Landscape Plan features the addition of 22 canopy trees and 12 evergreen trees to provide additional landscape buffering to the Prairie Path. A fence matching the existing 8’ tall chain link fence with slats will be added around the piece being annexed.
DISCUSSION:
Staff has reviewed the Special 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.
Abbey Paving worked with Invest Aurora to purchase the 1.0 acre parcel in order to expand their business with the additional storage they need for equipment and materials and has worked with staff on the development of the site to mitigate any concerns over the impact of the project to the Prairie Path. The building will be for storage with maintenance and repair work continuing to be done in the existing building. The building was designed to reflect agricultural look so to have less visual impact and to serve as a buffer itself. Canopy trees and ever green trees were added to create vertical buffers and a fence will enclose the new building for a solid wall buffer. Therefore, with the efforts taken to lessen concerns on visual impacts, staff supports the project as staff believes it will not have a negative impact to the area.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has not received public inquiries regarding this petition.
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.
11.1 (3) To encourage new development contiguous to existing development.
40.1 (1) To attract and encourage industrial, office and office-research development to planned sites where requisite public facilities are either present or proposed..
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of An Ordinance Establishing a Special Use Planned Development, pursuant to an Approved Annexation Agreement, located south of Diehl Road, east of County Line Road and north of the Prairie Path, to be incorporated under the existing MTJ, LLC Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of ORI Office, Research, and Light Industrial District.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Exhibit “B” Plan Description Reference
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 19-0007
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 ________________
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An Ordinance Establishing a Special Use Planned Development, pursuant to an Approved Annexation Agreement, located south of Diehl Road, east of County Line Road and north of the Prairie Path, to be incorporated under the existing MTJ, LLC Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of ORI Office, Research, and Light Industrial District
body
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, Abbey Paving Co., Inc. 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 January 4, 2019, Abbey Paving Co., Inc. filed with the City of Aurora a petition requesting the Establishment of a Special Use Planned Development, pursuant to an Annexation Agreement, on the property located south of Diehl Road, east of County Line Road, and north of the Prairie Path, to be incorporated under the existing Special Use Planned Development for MTJ, LLC with an underlying ORI Office, Research, and Light Industrial District zoning district 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 referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Aurora Planning Commission conducted a public hearing on February 6, 2019, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on February 14, 2019, 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 Special Use Planned Development is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora 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: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 10.6 and Section 4.3 (8000) a Special Use permit is hereby granted for a Planned Development (8000) for the real estate property legally described in Exhibit “A”.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Planned Development (8000) use 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 special 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.
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 special 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 Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Ten: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of ORI Office, Research, and Light Industrial District and upon termination of the use of said property for a Planned Development (8000) this Special Use permit shall terminate and the classification of ORI Office, Research, and Light Industrial District shall be in full force and effect.
Section Eleven: That this Planned Development (8000) use 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 Aurora Zoning Ordinance and all modifications and exceptions from the Aurora Subdivision Control Ordinance, as set forth in the Plan Description, are here by granted and approved.