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Aurora, Illinois

File #: 20-0367    Version: Name: Lindsay Windows Illinois / 55 S. Constitution / SUPD Revision
Type: Ordinance Status: Passed
File created: 7/7/2020 In control: City Council
On agenda: 8/11/2020 Final action: 8/11/2020
Title: An Ordinance Approving a Revision to the Reimers Plan Description on 9.46 Acres, for the Property located at 55 South Constitution Drive
Attachments: 1. Exhibit "A" Legal Description - 2020-07-15 - 2020.096, 2. Exhibit "B" Plan Description Revision - 2020-07-20 - 2020.096, 3. Land Use Petition - 2020-06-25 - 2020.096, 4. Property Research Sheet - 2019-10-14 - 2019.203, 5. Legistar History Report (Plan Description Revision) - 2020-07-23 - 2020.096

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TO:                     Mayor Richard C. Irvin

 

FROM:                     Planning Commission

 

DATE:                     July 23, 2020

 

SUBJECT:

An Ordinance Approving a Revision to the Reimers Plan Description on 9.46 Acres, for the Property located at 55 South Constitution Drive (Lindsay Window & Door - 20-0367 / AU19/1-20.096-SUPD/R/Fpn/R - SB - Ward 5)  

 

PURPOSE:

The Petitioner, Lindsay Window & Door, is requesting approval of a Plan Description Revision to the Reimers Special Use Planned Development for the property located at 55 South Constitution Drive, to expand allowed uses on the site to include limited processing and manufacturing uses with accessory outdoor storage, and a Special Sign District.  

 

BACKGROUND:

The Subject Property is currently zoned B-2(S) General Retail District with a Special Use zoning, and is part of the Reimers Special Use Planned Development. The site is approximately 9.46 acres. The existing retail building, the former Cub Foods store, is approximately sixty-three thousand (63,000) square feet. Additional information on the legislative history of the property can be found in the attached Property Research Sheet.

 

The Petitioner is requesting approval of a Plan Description Revision for the property located at 55 South Constitution Drive, which will allow for up to two lots, additional permitted uses, and a Special Sign District. Parcel A will be zoned B-2, Business District - General Retail, with the addition of the Processing, Finishing, and Assemblies (3140) use with accessory outdoor storage as a permitted use. Parcel B will consist of an outlot, which will allow for the standard B-2, Business District - General Retail uses. The Plan Description Revision’s Special Sign District will allow, in addition to re-facing the existing on-site ground on South Constitution Drive, a new ground sign for the proposed commercial outlot that will be eight (8) feet tall and have an area of fifty (50) square feet, with a stone or masonry base. This proposed sign will also be located on South Constitution Drive.

 

Concurrently with this request, the Petitioner is requesting approval of a Final Plan Revision for Lot 1 of the West Reimers subdivision for a Retail Sales or Service (2100) use, a Business and Professional, Office (2400) use, and a Processing, Finishing and Assembly Facilities (3140) use with accessory outdoor storage on Parcel A. The Processing, Finishing, and Assembly use will apply to all of Parcel A, per the Plan Description Revision. The details of the request include separating the subject property into two lots, as described below.

 

Lot One of the Final Plan Revision, which corresponds to Parcel A in the Plan Description Revision, will be approximately 8.46 acres and see the construction of a fully screened outdoor storage on the north side of the existing building, and five (5) new loading docks on the south side of the building for trucks. The east side of the building will see the construction of a new, approximately twenty-eight thousand, seven hundred square foot addition for continued office and storage space. They anticipate constructing the addition within 3 to 5 years.  The outdoor storage will be an accessory to the Processing, Finishing and Assembly Facilities (3140) use on Parcel A. The remainder of Lot One will also be redeveloped with an updated parking lot and landscaping throughout the property.

 

Lindsay Window & Door currently has a facility in North Aurora that they have outgrown.  Moving to this site will allow for an expansion of their business and the hiring of additional employees. 

 

Lot Two of the Final Plan Revision, which corresponds to Lot B in the Plan Description Revision, will be approximately one acre and see the construction of an approximately ten thousand (10,000) square foot retail building that be located on Lot Two, which will be located in front of the existing 63,000 square foot building on South Constitution Drive. Lot Two will be completed in the second phase of this development, and will also be redeveloped with an updated parking lot and landscaping that is consistent with the standards and appearance of Lot One.  The petitioner agrees to actively market said lot and use and create the separate lot based on the conditions stated below. 

 

DISCUSSION:

Staff has reviewed the Special Use Plan Description Revision and have sent comments back to the Petitioner based 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 conditions listed in the Staff Recommendation below.

 

This former grocery store site has been gone approximately 13 years.  St. Paul Lutheran Church acquired the property a few years later and was granted a SU for ministry uses.  They never fully utilized said building, and have been working with the City to market it for a commercial user.  Approximately 4 years ago, a fitness and storage use was proposed, but was then withdrawn by the petitioner.  Staff feels the use will provide new activity for a property which has become an eyesore, with a revised site and building, and new landscaping.  In addition, in keeping with the original use, an outlot will be set aside for future B-2 uses.  In addition, truck traffic and noise should be minimal per the submitted narrative.

 

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:

Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:

 

14.1 (4):                     To encourage quality site design throughout the City of Aurora.

31.1 (4):                     To encourage the development of multiple use commercial, employment,

                                          and service centers.

32.1 (3):                     To minimize the adverse effects of commercial activity on neighboring

                                          development, particularly residential and open space areas through the

                                          provision of buffering land use and/or screening.  

 

RECOMMENDATIONS:

The Planning Commission recommended CONDITIONAL APPROVAL of the ordinance approving a revision to the Reimers Plan Description on 9.46 acres, for the property located at 55 South Constitution Drive:

 

1) The Petitioner will continuously market the outlot for a business or retail use beginning upon the granting of the Special Use.

2) The Petitioner agrees to complete a Final Plat process for the outlot and have the new two (2) lot subdivision recorded within one (1) year of first occupancy of the building.

3) The Petitioner agrees to continue to work with the City and the Mayor’s Office of Economic Development Division in the final disposition of the outlot with the goal of finding an identified developer or end user for said lot. 

 

ATTACHMENTS:

Exhibit "A" Legal Description

Exhibit "B" Plan Description Revision

Land Use Petition with Supporting Documents

Property Research Sheet

 

Legistar History Report 20-0367

 

cc:                     Building, Zoning, and Economic Development Committee:

                     Alderman Michael B. Saville, Chairman

                     Alderman Sherman Jenkins, Vice Chairman

                     Alderman Carl Franco, Member

                     Alderman Robert J. O'Connor, Member

                     Alderman Juany Garza, Member

 

CITY OF AURORA, ILLINOIS

 

ORDINANCE NO. _________

DATE OF PASSAGE ________________

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An Ordinance Approving a Revision to the Reimers Plan Description on 9.46 Acres, for the Property located at 55 South Constitution Drive

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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,  St. Paul’s Lutheran Church 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 June 26, 2020, Lindsay Window & Door, filed with the City of Aurora a petition requesting a Plan Description Revision to the Special Use Planned Development on the property located at 55 South Constitution Drive, 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, the Plan Description established for the subject property with Ordinance O1990-109 approved September 18, 1990, shall remain in full forth and effect with the exception of the modifications included herein as Exhibit “B”; and

 

WHEREAS, after due notice and publication of said notice, the Aurora Planning & Zoning Commission conducted a public hearing on July 22, 2020, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and

 

WHEREAS, on July 29, 2020, 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 Commission, finds that the approval of the revised Plan Description Revision for the property legally described in Exhibit “A” will promote the sound Building, Zoning and Economic Development of the City, and therefore serve the best interests of the 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: That the revised 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) The Petitioner will continuously market the outlot for a business or retail use beginning upon the granting of the Special Use.

2) The Petitioner agrees to complete a Final Plat process for the outlot and have the new two (2) lot subdivision recorded within one (1) year of first occupancy of the building.

3) The Petitioner agrees to continue to work with the City and the Mayor’s Office of Economic Development Division in the final disposition of the outlot with the goal of finding an identified developer or end user for said lot.

 

Section Six: 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 revised Plan Description, are here by granted and approved.