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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: April 18, 2019
SUBJECT:
A Planning and Development Committee Resolution Approving a Revision to the Final Plan on Lot 2 of Scientel Solutions Subdivision located at 245 N. Eola Road (Scientel Solutions, LLC - 19-0284 / NA08/1-19.051-Fpn/R - TV - Ward 10)
PURPOSE:
The Petitioner, Scientel Solutions, LLC, is requesting approval of a Final Plan Revision for property located at 245 N. Eola Road.
BACKGROUND:
The Subject Property is currently vacant land, with the exception of the recently built communication facility, with B-2(S) Business District, General Retail zoning, which is part of the Eola Venture I Special Use Planned Development. In January of 2018, the City Council approved a Special Use Planned Development Revision, a Preliminary Plat and Plan Revision, and a Special Use Permit for a communication facility on the Subject Property. Then in May of 2018, the City Council approved a Final Plat for a 2-lot subdivision and Final Plan Revision on Lot 2 for an office for Scientel Solution, LLC, and a 195 foot lattice communication facility.
Since approval of the Final Plat and Plan, the Petitioner has secured and recorded all of the required sanitary sewer easements needed to extend the sewer to their property. In addition, Scientel Solutions, LLC recently constructed the communication facility on the Subject Property.
The Petitioner, has been working with the adjacent property owners for the last year to secure the necessary easements including an access easement to construct the shared private road between their property and the adjacent property to the south as shown on the approved preliminary plan for Northbridge Subdivision and on their approved Final Plan. However, to date the Petitioner has been unsuccessful in obtaining these easements. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting a Final Plan Revision with minor modifications to develop the property in phases (Option 2 - Phase 1 and Option 2 - Phase 2) unless they can secure the necessary easement prior to the construction of the private road as shown on the approved Final Plan (Option 1 - Approved Final Plan dated May 25, 2018).
Option 2 - Phase 1 includes relocating the shared access road between their property and the adjacent property to the south entirely onto the Scientel property (Lot 1) and terminating into the parking lot on Lot 2 on an interim basis so that the Petitioner can get access to Lot 2.
Option 2 - Phase 2 includes relocating the shared access road between the two properties back to the original location and extending the drive to the far eastern property line as approved on the preliminary/final plan at such time the property to the south develops pursuant to the terms in the approved Annexation Agreement.
DISCUSSION:
Staff has reviewed the Final Plan Revision 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.
The Annexation Agreement specifically requires the owners of the properties to grant cross-access agreements to each other at the time of the approval of the final plan. The Agreement however does not specify which final plan triggers this obligation and the issue remains one of disagreement between the owners of the two properties. Rather than waiting for this issue to be resolved among the parties, staff recommends the following 2-Phase approach to facilitate the development of the parcels. This revision to the Final Plan gives the Petitioner options on how to move forward with the development of the Subject Property.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center.
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
RECOMMENDATIONS:
The Planning Commission recommended CONDITIONAL APPROVAL of the Planning and Development Committee Resolution Approving a Revision to the Final Plan on Lot 2 of Scientel Solutions Subdivision located at 245 N. Eola Road, with the following conditions:
1. That the Landscape Plan be revised as follows:
a. Relocate the 2 trees on the south side of the building to the parking islands on the north side of the building. Replace 1 tree from the south side of the building with 20 shrubs and add 10 shrubs to each parking island on the north side of the building.
b. Relocate the 2 trees on the south side of the building to the east side of the building.
2. That the Petitioner will cooperate with the property owner to the south to relocate the shared private road at such time as the property owner to the south fully complies with its obligation to dedicate the cross-access easement as required by the Annexation Agreement.
ATTACHMENTS:
Exhibit "A-1" Final Plan (Option 1 - Approved Final Plan (PDFNL2018-011 (2018-05-25)), Option 2 - Phase 1, Option 2 - Phase 2)
Exhibit "A-2" Landscape Plan
Fire Plan
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 19-0284
cc:
Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Planning and Development Committee Resolution Approving a Revision to the Final Plan on Lot 2 of Scientel Solutions Subdivision located at 245 N. Eola Road
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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, by petition dated April 4, 2019, Scientel Solutions, LLC filed with the City of Aurora a petition requesting approval of a Final Plan Revision for property located at 245 N. Eola Road. and related required documents as attached hereto as Exhibits "A-1" through Exhibit “A-3”; and
WHEREAS, after referral of said petition from the Aurora City Council, the Aurora Planning Commission conducted a hearing on April 17, 2019, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on April 25, 2019, the Planning and Development Committee of the Aurora City Council reviewed said Final Plan Revision and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, the decision of the Planning and Development Committee with respect to a final plan is subject to appeal to the City Council in the manner set forth in the City of Aurora Zoning Ordinance; and
WHEREAS, no person authorized under City of Aurora Zoning Ordinance to appeal such decision having done so in the manner set forth in the Ordinance, the Decision of the Planning and Development Committee constitutes final action on the proposed final plan; and
NOW, THEREFORE, BE IT RESOLVED that the Planning and Development Committee of the City of Aurora, Illinois, finds as facts all of the preamble recitals of this Resolution and hereby grants CONDITIONAL APPROVAL of said Final Plan with the following conditions:
1. That the Petitioner will cooperate with the property owner to the south to relocate the shared private road at such time as the property owner to the south fully complies with its obligation to dedicate the cross-access easement as required by the Annexation Agreement
BE IT FURTHER RESOLVED that the Planning and Development Committee of the City of Aurora hereby adopts the Final Plan and related required documents, as attached hereto as Exhibit "A-1" Final Plan, Exhibit “A-2” Landscape Plan, along with any easement dedications or vacations deemed necessary by the Aurora City Engineer.