Aurora, Illinois

File #: 18-0425    Version: Name: Pizzuti Development / 2110 Mitchell Road / Special Use Plan Description
Type: Ordinance Status: Passed
File created: 5/10/2018 In control: City Council
On agenda: 7/10/2018 Final action: 7/10/2018
Title: An Ordinance Establishing a Special Use Planned Development at the northeast corner of I-88 and Mitchell Road, to be incorporated under the existing West Corporate Center Phase III 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: 1. Exhibit "A" Legal Description.pdf, 2. Exhibit "B" Plan Description Reference.pdf, 3. Property Research Sheet - ID 69068 - 2017-09-26 - 2017.202 (1).pdf, 4. Property Research Sheet - ID -03740 - 2017-09-26 - 2017.202.pdf, 5. Land Use Petition and Supporting Documents - 2018-05-09 - 2017.202.pdf, 6. Plat of Survey - 2018-05-09 - 2017.202.pdf, 7. Legistar History Report (Special Use Planned Development) - 2018-06-21 - 2017.202.pdf

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TO:                     Mayor Richard C. Irvin

 

FROM:                     Planning Commission

 

DATE:                     June 21, 2018

 

SUBJECT:

An Ordinance Establishing a Special Use Planned Development at the northeast corner of I-88 and Mitchell Road, to be incorporated under the existing West Corporate Center Phase III 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 (The Pizzuti Companies - 18-0425 / AU02/3-17.202-SUPD/Ppn/Psd - TV - Ward 1)  

 

PURPOSE:

The Petitioner, The Pizzuti Companies, is requesting the Establishment of a Special Use Planned Development on the property located at the northeast corner of I-88 and Mitchell Road to be incorporated under the existing West Corporate Center Phase III Special Use Planned Development and to change the underlying zoning district to ORI Office, Research, and Light Industrial District.  

 

BACKGROUND:

The Subject Property is currently vacant Land.  The southern portion of the Subject Property consists of approximately 12.3 acres is zoned M-1(S) Manufacturing - Limited District zoning with a Special Use which is part of The Northern Trust Company Special Use Planned Development and the northern portion of the Subject Property consists of approximately 31 acres is zoned ORI(S) Office, Research, and Light Industrial District zoning with a Special Use, which is part of the West Corporate Center Phase III Special Use Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet. 

 

The Petitioner is requesting to change the southern portion of the Subject Property that is zoned M-1(S) to an underlying zoning to ORI Office, Research, and Light Industrial District and incorporate it into the West Corporate Center Phase III Special Use Planned Development. In addition, the Petitioner is requesting a modification to the existing Plan Description to allow retaining walls to be taller than 3 feet if designed by a structural engineer.

 

Concurrently with this proposal, the Petitioner is requesting approval of a Preliminary Plat for Mitchell Road Industrial Park Subdivision.  The details of the request include a five lot subdivision of the Subject Property.  Lots 1, 2, and 3 consists of future buildable lots for ORI Office, Research, and Light Industrial uses.  Lot 4 consists of the detention for the Subdivision and Lot 5 will remain wetlands.  As part of the Subdivision, the Petitioner will be dedicating an 80 foot right of way to extend Corporate Boulevard to Mitchell Road.

 

The Petitioner is also requesting approval of a Preliminary Plan for Lot 1 and Lot 4 of Mitchell Road Industrial Park Subdivision.  The details of the request include the extension of Corporate Boulevard to Mitchell Road which will be constructed along with the development of Lot 1 and Lot 4.  The extension consists of a cross section of 39' of pavement width back to back with B6-12 curb and gutter to match up with the existing Corporate Boulevard to the east. As part of the roadway improvements, a 5' sidewalk with be construction on the north and south side of Corporate Boulevard and along the east side of Mitchell Road, north of Corporate Boulevard along Lots 3 and 4.

 

The proposal also includes the construction of a 275,000 square foot speculative office, warehouse, and distribution building with an associated 238 space parking lot on Lot 1.  The offices will be located on the south of the building facing I-88 and the docks and 49 trailer parking spaces will be located on the north side of the building along the newly extended Corporate Boulevard.  There will be two access into Lot 1 off of Corporate Boulevard.  Due to the grade change on the site, the Petitioner is proposing up to a 5' retaining walls at the northwest corner of the property and between a 1'-13' retaining wall along the east property line, in order to construct the proposed building.  In addition, the two billboards on the property will be removed as part of this development.

 

The Petitioner will be building a detention facility on Lot 4 which will serve the entire Subdivision. 

 

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.

 

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:

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.

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.

40.1(7) To encourage improvements in existing industrial areas that minimize industrial blight and reduce incompatibilities with neighboring land uses.  

 

RECOMMENDATIONS:

The Planning Commission recommended APPROVAL of the Ordinance Establishing a Special Use Planned Development at the northeast corner of I-88 and Mitchell Road, to be incorporated under the existing West Corporate Center Phase III 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:

Exhibit "A” Legal Description

Exhibit "B" Plan Description Reference

Land Use Petition with Supporting Documents

Property Research Sheet

Legistar History Report

 

Legistar Number: 18-0425

 

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 at the northeast corner of I-88 and Mitchell Road, to be incorporated under the existing West Corporate Center Phase III 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

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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, Chicago Title Land Trust #1682 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 May 9, 2018, The Pizzuti Companies filed with the City of Aurora a petition requesting the Establishment of a Special Use Planned Development on the property located at the northeast corner of I-88 and Mitchell Road to be incorporated under the existing West Corporate Center Phase III Special Use Planned Development and to change the underlying zoning district to ORI Office, Research, and Light Industrial District

 

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 June 20, 2018, reviewed the petition and recommended APPROVAL of said petition; and

 

WHEREAS, on June 28, 2018, 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 Rezoning and 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) 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 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 with the following modification:

 

1. Section IV.b.: The retaining walls utilized within the development shall not exceed three (3) feet in height unless designed by a structural engineer for Lot 1 of the Mitchell Road Industrial Park Subdivision.  

 

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 Ordinance Number 3100, being the Aurora 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 M-1(S) Manufacturing - Limited District with a Special Use to ORI(S) Office, Research, and Light Industrial District with a Special Use District.  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.