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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: April 9, 2015
SUBJECT:
An Ordinance Approving a Revision to the Butterfield Planned Development District Plan Description on 97.38 Acres for Property located at 2725 Bilter Road and 2815 Bilter Road, Aurora, Illinois 60502 (DuPage Properties Venture - 15-00165 / NA05/1-15.046-PPD/R - SP - Ward 10)
PURPOSE:
The Petitioner, DuPage Properties Venture, is requesting a Plan Description Revision to the Butterfield Planned Development District to amend the permitted uses on Lots 502 and 503 in Unit 5 of the Butterflied Center for Commerce and Industry.
The proposed revision is to ELIMINATE the following uses from the allowable uses on the site:
Warehouse Distribution (3300)
Vehicle Terminals and Vehicle Storage Yards, major (3310)
Vehicle Storage Yards, minor (3311)
Heavy Industrial (3400)
Truck and Freight Transportation Services (4140).
BACKGROUND:
The Subject Property is located at 2725 Bilter Road and 2815 Bilter Road and is currently vacant land located at the recently constructed Eola Interchange with I-88. The Subject Property is part of the Butterfield Planned Development District, zoned PDD with an underlying ORI (Office, Research and Light Industry) use district.
The property was annexed to the City pursuant to an Annexation Agreement and a plan description was established with Resolution R76-4510 approved February 3, 1976. Resolution No. R88-322 approved a revised land use plan for the Butterfield PDD on October 18, 1988 which modified some land uses and described five preliminary plan areas to be established.
A Preliminary Plan and Plat was approved for the site in 2001, and a previous Plan Description Revision was approved in February of 2009 which eliminated some uses from the 1976 Plan Description.
The Petitioner has requested this change pursuant to the Memorandum of Understanding between the City of Aurora and DuPage Properties Venture approved by City Council on February 24, 2015. The Memorandum of Understanding (MOU) between the City of Aurora and DuPage Properties Venture (DPV) established the terms by which the City of Aurora will fund the undergrounding of ComEd 12kv feeder lines adjacent to property owned by DPV, one requirement was that they eliminate certain uses from the plan description. This was in exchange for the burying of the Com Ed feeder line adjacent to their property. This action would allow DPV to market the property for high end users, increasing the tax base for the community. No specific development proposal has been filed for this property at this time. .
DISCUSSION:
Staff has reviewed the Planned Development District Revision petition, submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made all the requested changes to these documents and they now meet all of 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 just received public inquiries requesting additional information regarding this petition and a letter from the DuPage County Forest Preserve District (attached).
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.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Revision to the Butterfield Planned Development District Plan Description on 97.38 Acres for Property located at 2725 Bilter Road and 2815 Bilter Road, Aurora, Illinois.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description Revision
Land Use Petition with Supporting Documents
Property Research Sheet
DuPage County Forest Preserve - Public Notice Response Letter
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Approving a Revision to the Butterfield Planned Development District Plan Description on 97.38 Acres for Property located at 2725 Bilter Road and 2815 Bilter Road, Aurora, Illinois 60502
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, Chicago Title Land Trust Company/DuPage Properties Venture is the owner of record of the real estate property legally described on Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth; and
WHEREAS, DuPage Properties Venture filed a Planned Development District Revision petition with the City of Aurora on February 25, 2015, to revise the Plan Description for the property legally described in Exhibit "A"; and
WHEREAS, a revised Plan Description in the form of Exhibit "B", attached hereto and included herein by reference as if fully set forth, 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 R76-4510 approved February 3, 1976, and subsequently modified with Ordinance O09-004 approved on February 3, 2009, shall remain in full forth and effect with the exception of the modifications included herein as Exhibit "B"; and
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 April 8, 2015, with respect to said petition for Special Use permit and found that said petition met the standards prescribed by Section 10.7 Standards of Ordinance Number 3100, being the Aurora Zoning Ordinance, and recommended CONDITIONAL APPROVAL of the Planned Development District Revision; and
WHEREAS, the City Council, after due investigation and consideration, has determined that the approval of the revised Plan Description for the property legally described in Exhibit "A" will promote the sound planning and development of the City, and therefore serve the best interests of the City of Aurora; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, 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 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. That the middle access to Bilter Road from future Lot 502 shall be a right in right out.
Section Three: That this Planned Development District Revision approved 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 applicant and his respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Four: 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.
Section Five: That this Ordinance shall take effect and be in full force and effect upon and after its passage, approval and publication in pamphlet from as required by law.
Section Six: That all ordinances or part of ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Seven: 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.