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TO: Planning and Development Committee
FROM: Tracey M. Vacek, Senior Planner
DATE: August 30, 2017
SUBJECT:
An Ordinance Annexing Certain Property being Vacant Land located south of Diehl Road north and south of the Prairie Path and west of 2905 Diehl Road to the City of Aurora, Illinois, pursuant to an Approved Annexation Agreement (CyrusOne, LLC - 17-00650 / NA07/2-16.165-PA/A/Rz - TV - Ward 10)
PURPOSE:
The Petitioner CyrusOne, LLC is requesting the Annexation, pursuant to an Annexation Agreement, of 22.47 acres located south of Diehl Road, north and south of the Prairie Path, west of 2905 Diehl Road.
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 reviewed 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 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.
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:
Staff recommends APPROVAL of the Ordinance Annexing Certain Property being Vacant Land located south of Diehl Road north and south of the Prairie Path and west of 2905 Diehl Road to the City of Aurora, Illinois, pursuant to an Approved Annexation Agreement.
ATTACHMENTS:
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: 17-00650
cc: Stephane Phifer, Planning Director
Bill Wiet, 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 north and south of the Prairie Path and west of 2905 Diehl Road to the City of Aurora, Illinois, pursuant to an Approved Annexation Agreement (CyrusOne, LLC - 17-00650 / NA07/2-16.165-PA/A/Rz - TV - Ward 10)
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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, Cyrusone LLC, 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 13, 2017, 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, WHEREAS, said Annexation Agreement as approved by the City, by Ordinance Number O17-071, on October 10, 2017 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”.