TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: 8/19/13
SUBJECT: title
An Ordinance providing for the execution of an Annexation Agreement providing for M-1(S) Manufacturing District, Limited with a Special Use Planned Development with the Owners of Record Of Territory which may be Annexed to the City Of Aurora and which is located south of Mettel Road, north of Sullivan Road, between Clearwater Drive and Notingham Drive in Kane County Illinois
(Commonwealth Edison Company - AU10/1-13.268-PA - TM - Ward 1)
body
PURPOSE:
The petitioner, Commonwealth Edison Company, is proposing an Annexation Agreement on 10.5 acres for utilities and non-metallic minining located South of Mettel Road, North of Sullivan Road between Clearwater Drive and Nottingham Drive.
BACKGROUND:
This Annexation Agreement petition was referred by the City Council to the Planning Division on August 6, 2013.
date review body motion vote
8/21/2013 Planning Commission:
8/20/2013 Planning Council: Forward unanimous
8/16/2013 Planning Staff: Approval N/A
DISCUSSION:
The petitioner, Commonwealth Edison Company, is proposing Annexation Agreement on 10.5 acres for utilities and non-metallic minining located South of Mettel Road, North of Slullivan Road between Clearwater Drive and Nottingham Drive. The proposal consists of the approval of a Planned Development for the annexed properties as well as for the surrounding adjacent properties. This Planned Development will provide for the special uses that are required for the surface uses that currently exist on the properties to be annexed as well as for the subsurface mining operation that is currently being cunducted 250' below the surface. The overhead utility transmission lines require a special use according to the Aurora Zoning Ordinance, as well as the current and proposed mining operation. There are no proposals for changes to the operations of any of the properties involved, and there will not be any buildings constructed or added to the properties. There will be no outward changes to the surface.
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.
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.
12.1 (9) To guide development and redevelopment into energy efficient land use patters.
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.
PUBLIC INPUT:
Due public notice was given for the public hearing on this matter and as of the date of this staff report the Planning Division has not had any inquires regarding this case.
EVALUATION:
Staff has reviewed the Annexation Agreement 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.
The Annexation Agreement for the ComEd ROW will provide for zoning protection both for the surface uses as well as for the subsurface mining use. Through the plan description the City is gaining appropriately zoned properties, as well as the ability to regulate the future development of the properties that will have development potential in the future. The ComEd ROW and the operations on the surface are subject to state and federal review and oversight, which preempts City authority. But the agreement does allow for City Development Review of any development that is not specifically related to the utility operations or the mining operations.
The subsurface mining operation, operated by Lafarge will utilize the ComEd ROW parcel to dig new access to the multiple levels of the mine that is currently being operated under the properties to the west of the ROW and east of Route 25. The City entered into an agreement with the mine operator to utilize the first two levels of the mine as storage for lime sludge waste that is generated by the City's water treatment plant. The mine operator will be sealing the current access to the first two levels, which currently are located on the north side of the Tollway and they go beneath the Tollway ROW from the quarry located on the North Aurora side. The new access will come south from the north side of the Tollway, under the ComEd right of way, creating access to the active mining operations that will be conducted below the CCDD facility as well as the former City dump property and the Claud property all west of the ComEd ROW. This Annexation Agreement and the subsequent rezoning and special uses will fulfill requirements of the previous agreements between the mine operator and the City to provide zoning for the properties in a timely manner.
IMPACT STATEMENT:
- The Planning and Zoning Division does not anticipate any impact to other City Department with the approval of this Petition.
RECOMMENDATIONS:
Staff would recommend CONDITIONAL APPROVAL of the Annexation Agreement on 10.5 acres for utilities and non-metallic minining at South of Mettel Road, North of Slullivan Road between Clearwater Drive and Nottingham Drive by Commonwealth Edison Company, with the following conditions:
1. That Commonwealth Eddison Company Dedicate eighty (80) feet of Right-of-Way, a minimum of forty (40) feet, on both sides of the center line of Sullivan Road.
CASEFILE INFORMATION SHEET:
Petitioner: Commonwealth Edison Company
Case Number: AU10/1-13.268-PA
Parcel Number(s): 15-10-126-003 and 15-10-251-006
Size: 10.5 acres
Street Frontage: 221 feet on Mettel Road
Current Zoning: Out - Aurora Township
Current Land Use: Utility
Comp Plan Designation: Utilities
Contiguous Zoning: North: Out - Aurora Township
South: M-1 Manufacturing - Limited
East: ORI(S); R-1; M-1
West: ORI(S); M-1
Contiguous Land Uses: North: Tollway
South: Utility ROW
East: Vacant Land and light industrial uses
West: CCDD facility and abandoned City Dump
Character of Area:
Subject Property
The Subject Property is located South of Mettel Road, North of Slullivan Road between Clearwater Drive and Nottingham Drive and is currently utilized as Utility Right-of-Way.
Surrounding Property
The property to the north has not been annexed and is I-88 tollway. To the south the zoning is M-1 and the property is being used for rock crushing and storage as well as the continuation of the utility right-of-way. East of the subject property there are multiple zonings, ORI(S), M-1 and R-1. The uses are as follows; vacant, light industrial and utility ROW. West of the subject property the zoning is ORI(S) and M-1. These properties are currently being utilized as a Clean Constuction and Demolition Debris fill site (former City quarry) and rock crushing and storage, respectively.
History:
This Annexation Agreement petition was referred by the City Council to the Planning Division on August 6, 2013.
This Annexation Agreement will be the first City of Aurora action on the Subject Property. Subject
Property
cc: Alderman Saville, Chairman
Alderman Irvin
Alderman Donnell
Alderman Hart-Burns, Alternate