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TO: Mayor Robert J. O’Connor
FROM: Planning Commission
DATE: January 19, 2017
SUBJECT:
An Ordinance Establishing a Special Use Planned Development, Approving the Salerno Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of M-1 Manufacturing - Limited for the property located at 285 NE Industrial Drive being north of Sullivan Road, west of Industrial Drive and south of Mettel Road (Anthony Salerno, Sr. Trust - 16-01115 / AU10/2-16.155-Rz/Su/PD - TV - Ward 1)
PURPOSE:
The Petitioner Anthony Salerno, Sr. Trust is requesting the establishment of a Special Use Planned Development, and to change the underlying zoning district from R-1 One Family Dwelling District to M-1 Manufacturing - Limited District on the property located at 285 NE Industrial Drive
BACKGROUND:
The Subject Property is located at 285 NE Industrial Drive, being north of Sullivan Road, west of Industrial drive and south of Mettel Road, and is currently utilized as an office, repair and maintenance facility, and indoor and outdoor equipment and vehicle storage uses for Windy City Amusements with M-1 Limited Manufacturing and R-1 One Family Dwelling zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting the establishment of a Special Use Planned Development, and to change the underlying zoning district from R-1 One Family Dwelling District to M-1 Manufacturing - Limited District to bring the property into zoning compliance. The details of the Special Use Planned Development include one modification to the standard zoning regulations which prohibits a dwelling unit for a caretaker or watchman.
DISCUSSION:
Staff has reviewed the Rezoning and Special Use 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.
This Special Use and Rezoning will bring the property into zoning compliance and match the use of the property.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received one public inquiry requesting additional information on this petition.
POLICIES AND GUIDELINES / IMPACT STATEMENT :
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.
40.0 To plan and promote industrial, office, office-research development in areas suited to such development and to minimize the negative impacts of industries on surrounding land uses and the environment
40.0(2) To promote a balanced distribution of industries within the City.
40.1(7) To encourage improvements in existing industrial areas that minimize industrial blight and reduce incompatibilities with neighboring land uses.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the Ordinance Establishing a Special Use Planned Development, Approving the Salerno Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of M-1 Manufacturing - Limited for the property located at 285 NE Industrial Drive being north of Sullivan Road, west of Industrial Drive and south of Mettel Road
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Findings of Fact
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 16-01115
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Establishing a Special Use Planned Development, Approving the Salerno Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of M-1 Manufacturing - Limited for the property located at 285 NE Industrial Drive being north of Sullivan Road, west of Industrial Drive and south of Mettel Road
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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, Salerno Sr, Anthony Trust 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 November 22, 2016, Anthony Salerno, Sr. Trust filed with the City of Aurora a petition requesting the establishment of a Special Use Planned Development, and to change the underlying zoning district from R-1 One Family Dwelling District to M-1 Manufacturing - Limited District on the property located at 285 NE Industrial Drive being north of Sullivan Road, west of Industrial Drive and south of Mettel Road; 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 January 18, 2017, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on January 26, 2017, the Planning and 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 Commission, finds that the proposed Rezoning and Special Use is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance
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 Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 10.6 and Section 4.3 (8000) a Special Use permit is hereby granted for a Planned Development (8000) use for the real estate property legally described in Exhibit “A”.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Planned Development (8000) use 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 special 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 special 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 by Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Ten: That Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto be, and the same are, hereby amended to rezone the real estate property described in Exhibit “A”, from M-1 Manufacturing - Limited; R-1 One Family Dwelling District to M-1 Manufacturing - Limited District. Upon termination of the use of said property for a Planned Development (8000) this Special Use permit shall terminate and the classification of M-1 Manufacturing - Limited shall be in full force and effect.
Section Eleven: That this Planned Development (8000) use 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 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.