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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: September 19, 2024
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development and Approving the Aurora Fire Station #13 Plan Description for the Property Located at the Southeast Corner of Bilter Road and Nan Street. (City of Aurora - 24-0567 / AU01/1-24.291-A/CUPD/FPN - SB - Ward 1)
PURPOSE:
The Petitioner, the City of Aurora, is requesting approval of a Conditional Use Planned Development for the property located at the southeast corner of Bilter Rd and Nan St, which includes permitting usage of the property as a Public Facilities and Services (6200) use, reduction of setbacks, and minimum parking requirements, for the new Fire Station #13.
BACKGROUND:
The Subject Property is a vacant, approximately two and a half (2.5) acre lot, which is located at the southeast corner of Bilter Rd and Nan St. The Subject Property is located within Unincorporated Kane County. The Comprehensive Plan designates the Subject Property as Low Density Residential, with the eastern portion designated as Conservation, Open Space, Recreation, Drainage, while the adjacent block of Bilter Rd designated as Major Collector, and Nan St is designated as Local Street. The City of Aurora has owned the property since 2015.
The Petitioner, the City of Aurora is requesting approval of a Conditional Use Planned Development for the property located at the southeast corner of Bilter Rd and Nan St. The details of the request include approval of a Conditional Use Planned Development that incorporates the Public Facilities and Services (6200) use as a permitted use. The setbacks are reduced as follows: the minimum Front Yard setbacks are reduced from thirty (30) feet to eleven (11) feet, and reduces the Rear Yard setback from thirty (30) feet to eight and a half (8.5) feet. The minimum parking requirement is one (1) space per three hundred (300) square feet of Gross Floor Area. The minimum parking requirement is twenty-five (25) parking spaces. As indicated within the Conditional Use Planned Development, the property is to otherwise remain within the R-1, One Family Dwelling District. In order to allow the Subject Property to be utilized for institutional use, Staff has also included a provision to the Plan Description that increases the allowed maximum lot coverage to sixty and a half (60.5) percent.
Concurrently with this proposal, the City of Aurora, is requesting approval of a Final Plan for the property located at the southeast corner of Bilter Rd and Nan St. The details of the request include construction of the Subject Property for an approximately nineteen thousand, six hundred (19,600) square foot fire station. Fire Station #13 is to have a peak height of approximately twenty-five (25) feet, six (6) inches, a total of eight (8) bay doors, and its exterior material is to be a mixture of masonry and composite metal panel. The Final Plan shows the Subject Property is to have a new access to Bilter Rd, as well as a new northern access on Nan St, and a second new access on Nan St. The Subject Property is to have twenty-eight (28) striped parking spaces. The Final Plan shows the fire trucks will be entering the Subject Property from the Nan St access and exiting from the Bilter Rd access. The Subject Property is also shown to be fully landscaped per the applicable Zoning code requirements, with consideration given to screening the adjacent residential properties with a solid, six (6) foot fence. There will be eight (8) to nine (9) employees on the Subject Property during a shift, which is typically a twenty-four (24) hour period.
The Final Plan also shows the Subject Property’s lot lines as they exist after the right-of-way is dedicated for both Bilter Rd and Nan St. The dedicated right-of-way width on Bilter Rd, which is measured here from the centerline, is between forty (40) and fifty (50) feet. The dedicated right-of-way on Nan St, which is measured here from the centerline is approximately thirty-one (31) feet.
Concurrently with this proposal, the City of Aurora is requesting approval of an Annexation for the property located at the southeast corner of Bilter Rd and Nan St. The Subject Property is contiguous to incorporated Aurora along its eastern property line and Bilter Rd frontage. As is standard with the annexation process, the Subject Property is to be incorporated to the R-1, One Family Dwelling District.
DISCUSSION:
Staff has reviewed the Conditional Use Planned Development ordinance and have sent comments back to the design team based on those submittals. The changes have been made to these documents and they now meet the applicable codes and ordinances.
In addition to the details of the proposal mentioned above in this Staff Report, it is worth noting the limited fire coverage for the existing and planned residential, commercial, and industrial portion of Aurora that is north of the I-88 Toll Road. Otherwise, the closest operational fire station is North Aurora's fire station near the intersection of Rte 31 and Rte 56, and Warrenville's fire station near the intersection of Rte 56 and N St Rte 59. Construction of the proposed Fire Station #13 is fulfilling the City's crucial public safety obligations for this area as the same needs change over time and Aurora and the surrounding communities continue to develop.
It is important to clarify the importance of the Subject Property’s proposed development in relation to other concurrent, adjacent improvements currently underway with the City of Aurora along Bilter Rd. The City of Aurora is currently undergoing separate review for regional improvements on Bilter Rd near the Subject Property, including widening the right-of-way and the addition of left-turn lanes just north of the Subject Property onto Nan St and Beverly Dr. To this point, the Final Plan indicates an eight (8) foot wide multi-use path along Bilter Rd, and left-turn lanes in both directions at the intersection of Beverly Dr and Bilter Rd. There is also dedicated right-of-way shown on the Subject Property's Nan St frontage, as well as a five (5) foot wide sidewalk. These improvements are all incorporated into and reflected in Staff's review and discussion of this Final Plan and Conditional Use Planned Development.
In addition, the dedicated right-of-way on Bilter Rd, which is to be between forty (40) and fifty (50) feet from the centerline, reduces the amount of buildable space on the Subject Property. With this in mind, the Plan Description’s requested changes to the R-1 zoning district’s use and bulk restrictions, as previously discussed in this Staff Report, are based on the need to provide a crucial public safety resource, while also developing the Subject Property in a way that fits the needs of a modern, state of the art fire station. It is also worth noting that five (5) of Aurora’s eight (8) existing fire stations are located in Residentially zoned properties. In addition, it is not uncommon for institutional uses to require modifications to the bulk restrictions that allow the Subject Property to be screened from any adjacent residential properties, while also being developed to meet the unique needs of the development that may otherwise be restricted by the underlying Residential zoning standards.
PUBLIC HEARING:
Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has received an inquiry regarding the nature of the proposal.
FINDINGS OF FACT:
1) Will the establishment, maintenance or operation of the Conditional Use be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare?
Staff does not feel the establishment, maintenance, or operation of the Conditional Use will be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. In fact, this will absolutely improve public health and safety.
2) Will the Conditional Use be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood; factors including but not limited to lighting, signage, and outdoor amplification, hours of operation, refuse disposal areas and architectural compatibility, and building orientation?
Staff does not feel the Conditional Use will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood. Staff feels the Subject Property is to be developed in a way that screens activities from the adjacent residential properties. Screening is to be provided in the form of landscaping and fencing along the southern property line. The photometric plan also shows the footcandles are less than one (1) at the exterior property lines, which is the City of Aurora's requirement. The Subject Property's development is also contributing to the improvements that are occurring on Bilter Road, including construction of the sidewalk along Nan St, which will allow neighbors to enjoy the same improvements.
3) Will the establishment of the Conditional Use impede the normal and orderly development and improvement of surrounding property for uses permitted in the district?
Staff does not feel the establishment of Conditional Use will impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The surrounding residential and light industrial neighborhoods are already built out and are not otherwise impacted with this proposal.
4) Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the Conditional Use?
Given the area surrounding the Subject Property is already developed, and being incorporated to other proposals for improvements along Bilter Rd, Staff feels the proposal provides for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the Conditional Use.
5) Does the proposal take adequate measures, or will they be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets?
Staff feels the proposal takes adequate measures to provide ingress and egress so designed to minimize traffic congestion in the public streets. The Subject Property is shown to be developed with three (3) access points: one (1) on Bilter Rd, and two (2) on Nan St. The access point on Bilter Rd aligns with the intersection of Bilter Rd and Beverly Dr, and is anticipated to be mostly utilized by the fire trucks and ambulances exiting the property. The majority of the passenger vehicle parking is anticipated to occur on the southern portion of the property, and to be utilized mostly by employees.
6) Does the Conditional Use in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the commission?
The Conditional Use does, in all other respects, conform to the applicable regulations of the district in which it is located.
7) Are the uses permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development?
Staff feels the proposed Public Facilities and Services (6200) use is permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development, as a new fire station. It is not uncommon for institutional uses, such as the proposed fire station to be built on residentially zoned properties, or where adjacent to residentially zoned properties.
8) Are the uses permitted by such exception of a nature or so located as to not exercise an undue detrimental influence on the surrounding neighborhood?
Staff feels the uses are permitted by such exception of a nature, or so located as to not exercise an undue detrimental influence on the surrounding neighborhood. In particular, Staff feels the Public Facilities and Services (6200) use, which is institutional in nature serves as an ideal point between the surrounding built environment’s character as residential, light industrial, and commercial. With the exception of emergency vehicles entering and exiting the Subject Property, it is anticipated there will be no more than eight (8) or nine (9) employees on the Subject Property during a single shift, which typically lasts twenty-four (24) hours.
9) Are the use exceptions so allowed reflected by the appropriate zoning district symbols and so recorded on the zoning district map?
The use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the zoning district map.
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.
22.1 (2): To protect designated areas of existing conventional single-family development
from inappropriate highly intensive land uses.
71.1 (1): To locate and direct urban growth to areas where municipal services are
available or proposed.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the ordinance establishing a Conditional Use Planned Development and approving the Aurora Fire Station #13 Plan Description for the property located at the Southeast Corner of Bilter Road and Nan Street.
ATTACHMENTS:
Exhibit "A" - Legal Description
Exhibit "B" - Plan Description
Land Use Petition and Supporting Documents
Qualifying Statement
Property Parcel Maps
cc: Building, Zoning and Economic Development Committee:
Alderwoman Patricia Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman William "Bill" Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development and Approving the Aurora Fire Station #13 Plan Description for the Property Located at the Southeast Corner of Bilter Road and Nan Street.
body
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, City Of Aurora, 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 24, 2024, City of Aurora Fire Station #13 filed with the City of Aurora a petition, “Requesting the establishment of a Conditional Use Planned Development on the property located at the southeast corner of Bilter Road and Nan Street”, 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, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on August 21, 2024, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on August 28, 2024, the Building, Zoning and Economic 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 and Zoning Commission, finds that the proposed Conditional Use is not contrary to the purpose and intent of Chapter 49 of the Code of Ordinances, 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: In accordance with Section 104.3 of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, and Article VI of Chapter 34 of the Code of Ordinances, City of Aurora, a Conditional Use permit is hereby granted for a Planned Development for the real estate property legally described in Exhibit “A”.
Section Six: That this Conditional Use permit hereby granted is solely for the purpose of a Planned Development 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 Conditional 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.
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 Conditional 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 Section 34.601 of Chapter 34 of the Code of Ordinances, City of Aurora.
Section Ten: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of R-1, One Family Dwelling District and upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of R-1, One Family Dwelling District shall be in full force and effect.
Section Eleven: That this Planned Development 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 Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance as set forth in the Plan Description, are hereby granted and approved.