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TO: Planning Commission
FROM: Jill Morgan, Planner
DATE: February 1, 2019
SUBJECT:
An Ordinance Annexing Certain Property being Vacant Land located south of Diehl Road, east of County Line Road and north of the Prairie Path to the City of Aurora, Illinois, pursuant to an Approved Annexation Agreement (Abbey Paving Co., Inc. - 19-0006 / NA07/1-18.076-PA/A/ SU/PD/R/Fsd/Fpn/R - JM - Ward 10)
PURPOSE:
The Petitioner Abbey Paving Company, Inc. is requesting the Annexation, pursuant to an Annexation Agreement, of 1.0 acres located south of Diehl Road, east of County Line Road, and north of the Prairie Path which includes the annexation of the property for the development of the site for a climate controlled storage building associated with the existing paving business on the lots to the north.
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 approval of an Annexation pursuant to an Annexation Agreement for 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.
Concurrently with this proposal, 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.
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 Annexation 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.
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:
Staff would recommend APPROVAL of An Ordinance Annexing Certain Property being Vacant Land located south of Diehl Road, east of County Line Road and north of the Prairie Path to the City of Aurora, Illinois, pursuant to an Approved Annexation Agreement.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Exhibit “B” Plat of Annexation
Exhibit "C" Affidavit and Annexation Notification List
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 19-0006
cc: Edward T. Sieben, Zoning & Planning Director
John P. Curley, Chief Development Services Officer
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Annexing Certain Property being Vacant Land located south of Diehl Road, east of County Line Road and north of the Prairie Path to the City of Aurora, Illinois, pursuant to an Approved Annexation Agreement
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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, Abbey Paving & Sealcoating Co 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, the above-named owner petitioned the City of Aurora to annex the real property legally described on said Exhibit “A” to the City of Aurora, in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (65 ILCS(1994) 5/7-1-8); and
WHEREAS, the above-mentioned party, as owner of record of the real estate legally described on Exhibit “A”, entered into an Annexation Agreement with the City of Aurora providing, pursuant to annexation, that said real estate be placed in a certain zoning category; and
WHEREAS, said Annexation Agreement as approved by the City, by Ordinance Number ______, on ________ is hereby made a part hereof and incorporated herein by reference as if fully set forth; and
WHEREAS, the corporate authorities of the City of Aurora have determined that the property is contiguous to the City of Aurora and is not within the corporate limits of any other municipality and that the petition in all other respects conforms to the requirements of law; and
WHEREAS, due statutory notice has been given to those entities listed in the affidavit and Annexation Notification List attached hereto as Exhibit “C”, being the County and City Election Commissions, County Auditor, Township Board, Township Highway Commissioner, any Fire Protection District and any Public Library District in which the real property legally described on said Exhibit “A” is located.
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 real estate described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, be, and the same is hereby annexed to the City of Aurora, Illinois.
Section Six: That the property to the far side of any adjacent public right-of-way within said annexed area, and the same is, hereby also annexed to the City of Aurora, Illinois.
Section Seven: That the corporate limits of the City of Aurora, and the same are, hereby extended to include the territory hereby annexed to the City of Aurora, Illinois.
Section Eight: That the real estate legally described on said Exhibit “A” is hereby placed in the R-1 One-Family Dwelling District zoning classification of Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, pursuant to Section 3.2-8 of said Ordinance.
Section Nine: That the City Clerk of the City of Aurora is hereby authorized and directed to file with the applicable County Recorder of Deeds a certified copy of the Ordinance, together with an accurate plat of the territory annexed, which plat shall be certified as to its correctness and attached hereto as Exhibit “B”.