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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: August 11, 2017
SUBJECT:
An Ordinance Granting a Special Use Permit for a Parking Facilities, Non-Residential (4170) Use on a portion of the property at 659 S. Elmwood Drive located along Hartford Avenue (ATMI Precast/930 Ridgeway LP - 17-00611 / AU29/2-16.018-Su/V - JM - Ward 4)
PURPOSE:
The Petitioner ATMI Precast/930 Ridgeway LP is requesting approval of a Special Use for a Parking Facilities, Non-Residential (4170) Use pursuant to Section 10.6 and Section 4.3 on Lot 18 of Robinson's Addition to Aurora and a portion of Lot 1 of McKee's Subdivision being a portion of the property at 659 S. Elmwood Drive located along Hartford Avenue
BACKGROUND:
The Subject Property is currently Industrial with R-1 One Family Dwelling zoning on the portion located along Hartford Avenue and M-2 Manufacturing - General zoning on the portion located on the west side of Elmwood Drive between Rathbone Avenue and Ridgeway Avenue. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of a Special Use for a Parking Facilities, Non-Residential (4170) Use for the R-1 portion located along Harford Avenue. The details of the request include the construction of a 44 space, approximately 14,500 square foot parking lot. The ingress and egress will be from the current parking lot and Hartford Avenue. Six foot tall fences will run along the boundary of the properties to the north and south. A row of landscaping will be added to the boundary. The lot will be paved with permeable paving. The applicants propose the new parking lot to accommodate more employee parking on site thus reducing on-street parking. In addition, the Petitioner is requesting an authorized setback variance from 8 feet to 7.7 feet, which can be approved by the Zoning Administrator.
Concurrently with this proposal, the Petitioner is requesting approval of a Setback Variance from 60 feet to 12 feet for the western property line of the M-2 portion located on the west side of Elmwood Drive between Rathbone Avenue and Ridgeway Avenue. The details of the request include the addition of 12 parking spaces to the west side of the current parking lot. The current parking lot and use has been in existence since the early 2000s and is already within the current setback requirement being only 33 feet from the property line. The use of the property will not change, and the additional spaces should have no negative impact on neighboring properties. A six foot fence and evergreen shrubs run along the boundary of the adjacent residential property providing a buffer. Additional landscaping will be added along the boundary.
DISCUSSION:
Staff has reviewed the Special Use 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.
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 requesting additional information on this petition.
POLICIES AND GUIDELINES / IMPACT STATEMENT :
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 CONDITIONAL APPROVAL of the Ordinance Granting a Special Use Permit for a Parking Facilities, Non-Residential (4170) Use on a portion of the property at 659 S. Elmwood Drive located along Hartford Avenue with the following conditions:
1.) That the applicant reviews the existing lighting on the building at 659 S. Elmwood Drive and redirects and shields it so that it meets the City's photometric standards.
2.) That the applicant discusses with the neighbors the issues regarding screening and the additional traffic onto Hartford Avenue that the new parking lot may create and reports back to staff on the outcome of those discussions.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Final Plan
Landscape Plan
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 17-00611
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 Special Use Permit for a Parking Facilities, Non-Residential (4170) Use on a portion of the property at 659 S. Elmwood Drive located along Hartford Avenue
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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, 930 Ridgeway LP, 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 July 6, 2017, ATMI Precast/930 Ridgeway LP filed with the City of Aurora a petition requesting approval of a Special Use for a Parking Facilities, Non-Residential (4170) Use pursuant to Section 10.6 and Section 4.3 on Lot 18 of Robinson's Addition to Aurora and a portion of Lot 1 of McKee's Subdivision being a portion of the property at 659 S. Elmwood Drive located along Hartford Avenue; 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 August 2, 2017, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on August 10, 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 Special Use 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 10.6 and Section 4.3 a Special Use permit is hereby granted for a Parking Facilities, Non-Residential (4170) Use 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 Parking Facilities, Non-Residential (4170) 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 petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit “B” within fourteen (14) days from the date of passage of this Ordinance and that said Special Use permit is granted.
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 R-1 (S) One Family Dwelling and upon termination of the use of said property for a Parking Facilities, Non-Residential (4170) Use, this Special Use permit shall terminate and the classification of R-1 One Family Dwelling shall be in full force and effect.
Section Eleven: That this Parking Facilities, Non-Residential (4170) Use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.