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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: September 7, 2017
SUBJECT:
An Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for ORI Office, Research, and Light Industrial, E Estate Single Family Detached Dwelling District, and OS-1 Conservation, Open Space, and Drainage District zoning for the territory which may be Annexed to the City of Aurora located south of Diehl Road north and south of the Prairie Path and west of 2905 Diehl Road being Vacant Land in DuPage County, Aurora, Illinois (CyrusOne, LLC - 17-00649 / NA07/2-16.165-PA/A/Rz - TV - WARD 10) (PUBLIC HEARING)
PURPOSE:
The Petitioner, CyrusOne, LLC, is requesting approval of an Annexation Agreement for 22.47 acres located south of Diehl Road, north and south of the Prairie Path, west of 2905 Diehl Road which includes provisions that, once annexed, the property would be rezoned to ORI Office, Research, and Light Industrial District, E Estate Single Family Detached Dwelling District, and OS-1 Conservation, Open Space, and Drainage District for a data center and a future residential lot.
BACKGROUND:
The Subject Property is currently located south of Diehl Road, north and south of the Prairie Path, west of 2905 Diehl Road. The property consists of three parcels, all of which are currently vacant. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Annexation Agreement, Annexation, Rezoning, Variance, Preliminary Plat and Preliminary Plan are being review and approved concurrently under separate actions.
The Petitioner is requesting approval of an Annexation Agreement and Annexation for 22.47 acres. The Agreement includes provisions to annex and rezone the property. Although the annexation agreement outlines the rezoning of the property into three zoning districts, the property will be annexed into the City as R-1 One-Family Dwelling District, as this is the City’s standard practice. The Agreement also includes provisions which limits direct access to Diehl Road due to the proximity of the I-88 interchange and provides for the dedication of right of way and roadway improvement along Molitor Road.
The Petitioner is also requesting approval to rezone the property pursuant to the Annexation Agreement. The detail of the request including rezoning the Subject Property, once annexed, from R-1 One-Family Dwelling District to ORI Office, Research, and Light Industrial District (Lot 1); OS-1 Conservation, Open Space, and Drainage District (Lot 2); and E Estate Single Family Detached Dwelling District (Lot 3).
The Petitioner is also requesting approval of a Preliminary Plat for CyrusOne Subdivision, Phase 2. The details of the request include a 3-lot subdivision with 40 feet of right of way dedication along Molitor Road. Lot 1 of CyrusOne Subdivision, Phase 2, combines the existing lot to the east, being Lot 1 of CyrusOne Subdivision, with a portion of the property that is being annexed, which is located along the north side of the Prairie Path. This lot consists of the existing and a newly proposed data center. Lot 2, located along Diehl Road, consists of a detention facility and Lot 3, located south of the Prairie along Molitor Road, consists of a future residential lot.
The Petitioner is also requesting approval for a variance which will be reviewed by the Zoning Board of Appeals. The details of the request include varying Section 8.10-3.1.F.i. of the Aurora Zoning Ordinance to allow two principal buildings on a zoning lot for Lot 1 of CyrusOne Subdivision, Phase 2.
Lastly, the Petitioner is also requesting approval of a Preliminary Plan for Lots 1 and 2 of CyrusOne Subdivision, Phase 2. The details of the request include the construction of a 2-story data center with a 113 space surface parking lot on Lot 1. The building is approximately 316,000 sq. ft. with 6,500 sq. ft. being office space. Due to the proximity of the I-88 interchange, there is no direct access to Diehl Road for the portion of the property that is being annexed into the City, therefore, the data center will utilize the existing controlled access off of Diehl Road through the existing development to the east. A security fence will be constructed which will encompass both the existing and proposed data centers. Stormwater management is being provided on Lot 2.
DISCUSSION:
Staff has reviewed the Annexation Agreement 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.
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.
11.0 To guide the growth of the City in an orderly and structured manner.
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 APPROVAL of the Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for ORI Office, Research, and Light Industrial, E Estate Single Family Detached Dwelling District, and OS-1 Conservation, Open Space, and Drainage District zoning for the territory which may be Annexed to the City of Aurora located south of Diehl Road north and south of the Prairie Path and west of 2905 Diehl Road being Vacant Land in DuPage County, Aurora, Illinois.
ATTACHMENTS:
Exhibit "A" Annexation Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 17-00649
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 Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for ORI Office, Research, and Light Industrial, E Estate Single Family Detached Dwelling District, and OS-1 Conservation, Open Space, and Drainage District zoning for the territory which may be Annexed to the City of Aurora located south of Diehl Road north and south of the Prairie Path and west of 2905 Diehl Road being Vacant Land in DuPage County, Aurora, Illinois. (PUBLIC HEARING).
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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, a proposed Annexation Agreement in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth, has been duly submitted to the Corporate Authorities of the City of Aurora with the request that all required hearings be held thereon, and requisition annexation to the City of Aurora of a certain territory therein described, subject to the terms and conditions of said Annexation Agreement, pursuant to Section 11-15.1-1 et seq. of the Illinois Municipal Code (65 ILCS (1994) 5/11-15.1-1); and
WHEREAS, the Corporate Authorities of the City of Aurora caused a notice to be prepared describing in general the terms and conditions of the proposed Annexation Agreement and stating the time and place of a public hearing to consider the proposed Annexation Agreement; and
WHEREAS, such notice of the public hearing was duly published not less than 15 nor more than 30 days prior to said public hearing, in a newspaper of general circulation in the City of Aurora; and
WHEREAS, on September 6, 2017, the Aurora Planning Commission, held a public hearing on the petition to enter into said Annexation Agreement and zoning amendment therein provided after due publication of notice of public hearing and has submitted a recommendation of APPROVAL for the Annexation Agreement and zoning amendment on said property to the City Council of the City of Aurora subject to certain conditions; and
WHEREAS, on September 14, 2017, the Planning and Development Committee of the Aurora City Council reviewed said Annexation Agreement and zoning amendment, reviewed the before mentioned recommendations and recommended APPROVAL of said Annexation Agreement and zoning amendment; and
WHEREAS, all public hearings and other action required to be held or taken prior to the adoption and execution of said Annexation Agreement in order to make the same effective have been held or taken pursuant to notice as required by law and in accordance with all requirements of law; and
WHEREAS, on October 10, 2017, the City Council also held a public hearing upon the proposed Annexation Agreement as specified in such notice; and
WHEREAS, Exhibit “A”, attached hereto and included herein by reference as if fully set forth, in its present form, has been on file with the City Clerk of the City of Aurora for public inspection for at least one week; and
WHEREAS, the Corporate Authorities, after due investigation and consideration, and following the aforesaid public hearings, have determined that entering into the Annexation Agreement in the form of Exhibit “A” attached hereto and included herein by reference as if fully set forth, will serve the public good and benefit the City of Aurora; and
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 Mayor and City Council hereby find as fact all of the preambles contained in the Annexation Agreement in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth.
Section Six: That the Annexation Agreement in the form of Exhibit “A”, 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 and the Mayor of the City of Aurora is hereby authorized and directed to execute such Annexation Agreement on behalf of the City, and the City Clerk is hereby authorized and directed to attest the Mayor’s signature and affix the corporate seal of the City hereto.
Section Seven: That such number of duplicate originals of said Annexation Agreement may be executed, as the Mayor shall determine.