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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: February 8, 2019
SUBJECT:
An Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for ORI(S) Office, Research, and Light Industrial District with a Special Use zoning for the territory which may be Annexed to the City of Aurora located south of Diehl Road, east of County Line Road and north of the Prairie Path being Vacant Land in DuPage County, Aurora Illinois 60502 (Abbey Paving Company, Inc. - 19-0005 / NA07/1-18.076-PA/A/ SU/PD/R/Fsd/Fpn/R - JM - Ward 10)
PURPOSE:
The Petitioner Abbey Paving Company, Inc. is requesting approval of an Annexation Agreement for 1.0 acres located south of Diehl Road, east of County Line Road, and north of the Prairie Path which includes the development of the site for a climate controlled storage building associated with the existing paving business on the lots to the north.
BACKGROUND:
The Subject Property consists of a vacant piece of land with Unincoporated, DuPage County zoning along with light industrial use with ORI(S) Office, Research, and Light Industrial with a Special Use zoning. Additional information on the legislative history of the properties can be found in the attached Property Information Sheets. The Aurora Comprehensive Plans identifies the properties as Office/Research/Light Industrial.
The Annexation Agreement, Annexation, Special Use Planned Development, Plan Description Revision, Final Plat Revision, and Final Plan Revision are being reviewed and approved concurrently under separate actions.
The Petitioner is requesting approval of an Annexation Agreement and Annexation of 1.0 acres located south of Diehl Road, east of County Line Road, and north of the Prairie Path. The Annexation Agreement includes provisions for annexing and incorporating the area into an existing Special Use Planned Development and for a subsequent revision to the Plan Description.
Concurrently with this proposal, the Petitioner is requesting for the property being annexed the Establishment of a Special Use Planned Development to be incorporated under the existing Special Use Planned Development for MTJ, LLC with an underlying ORI Office, Research, and Light Industrial zoning district.
The Petition is also requesting a Plan Description Revision to the above Special Use Planned Development to revise the rear yard setback from 100 feet from the Prairie Path to 100 feet from the Prairie Path for primary buildings and 40 feet for accessory structures. The parking setback of 20 feet from the property line will remain. This revision will allow Abbey Paving to construct an accessory, climate controlled storage building in order to expand their business.
In addition, a Final Plat Revision is being requested in order to incorporate the property being annexed into the existing Lot 1 and 2 of Madden Molitor Subdivision and establishing Lot 1 and 2 of Madden Molitor Resubdivision.
Lastly, the Petitioner is requesting approval of a Final Plan Revision for Lot 1 and 2 of the new Madden Molitor Resubdivision for a Paving and Related Businesses use. The details of the request include the development of a 6,400 square foot climate controlled building for storage of construction equipment and materials on the southern end of the property. To the north of the building, facing the current facility, will be a 2,400 square foot open area covered by an extension of the roofline. The Building Elevations are designed to reflect a barn with concrete along the base and metal, vertical siding on the remainder. The roof will be clad in asphalt with shed roof dormers along the front façade. The entrances will be through garage doors on the north façade, facing the existing facility, and on the east elevation. Pavement will be extended along the entire front of the building and to the east side of the building. Behind the building will remain open, grassed area. The Landscape Plan features the addition of 22 canopy trees and 12 evergreen trees to provide additional landscape buffering to the Prairie Path. A fence matching the existing 8’ tall chain link fence with slats will be added around the piece being annexed.
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.
Abbey Paving worked with Invest Aurora to purchase the 1.0 acre parcel in order to expand their business with the additional storage they need for equipment and materials and has worked with staff on the development of the site to mitigate any concerns over the impact of the project to the Prairie Path. The building will be for storage with maintenance and repair work continuing to be done in the existing building. The building was designed to reflect an agricultural look so to have less visual impact and to serve as a buffer itself. Canopy trees and ever green trees were added to create vertical buffers and a fence will enclose the new building for a solid wall buffer. Therefore, with the efforts taken to lessen concerns on visual impacts, staff supports the project as staff believes it will not have a negative impact to the area.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has not received public inquiries regarding this petition.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
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 An Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for ORI(S) Office, Research, and Light Industrial District with a Special Use zoning for the territory which may be Annexed to the City of Aurora located south of Diehl Road, east of County Line Road and north of the Prairie Path being Vacant Land in DuPage County, Aurora Illinois 60502.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Annexation Agreement
Land Use Petition with Supporting Documents
Property Research Sheets
Legistar History Report
Legistar Number: 19-0005
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(S) Office, Research, and Light Industrial District with a Special Use zoning for the territory which may be Annexed to the City of Aurora located south of Diehl Road, east of County Line Road and north of the Prairie Path being Vacant Land in DuPage County, 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, 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 February 6, 2019, 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; and
WHEREAS, on February 14, 2019, 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 March 12, 2019, 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.