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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: January 19, 2018
SUBJECT:
An Ordinance Establishing a Special Use Planned Development, Approving the District 204 Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of R-4A(S) Two-Family Dwelling District with a Special Use, OS-1(S) Conservation, Open Space, and Drainage District with a Special Use, and P(S) Park and Recreation District with a Special Use for the property located on the east side of Commons Drive south of 75th Street (M/I Homes of Chicago, LLC - 17-00872 / NA28/4-17.049-PA/A/SUPD/Ppn/Psd/AGR/RD - JM - Ward 8)
PURPOSE:
The Petitioner M/I Homes of Chicago, LLC is requesting the Establishment of a Special Use Planned Development, pursuant to an Annexation Agreement, with an underlying R-4A(S) Two-Family Dwelling, OS-1(S) Conservation, Open Space, and Drainage, and P(S) Park and Recreation zoning district on the property located on the east side of Commons Drive south of 75th Street for District 204 Development which includes regulations, including bulk restrictions and public improvements, for the development of 171 attached residential townhomes, stormwater detention and a future park.
BACKGROUND:
The Subject Property is currently Vacant Land with Unincoporated, DuPage County zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet. The property is owned by School District 204. The Aurora Comprehensive Plan identifies this property along with the adjacent properties to the north and east as medium density residential.
The Annexation Agreement, Annexation, Special Use Planned Development, Preliminary Plat and Preliminary Plan, and Roadway Construction and Financing Agreement are being review and approved concurrently under separate actions.
The Petitioner is requesting the Establishment of a Special Use Planned Development, pursuant to an Annexation Agreement, with an underlying R-4A(S) Two-Family Dwelling, OS-1(S) Conservation, Open Space, and Drainage, and P(S) Park and Recreation zoning district. The details of the Special Use Planned Development include modifications of the bulk restriction standards to address requirements for townhomes, including maximum lot coverage, neighborhood setbacks, maximum dwelling units per acre, and specific separation requirements for units with rear-loaded and front-loaded garages. Parking and loading standards include the minimum requirement of two enclosed spaces along with two driveway spaces.
Concurrently with this proposal, the Petitioner is requesting approval of an Annexation Agreement and Annexation for 25 acres. The Annexation Agreement includes provisions for annexing and establishing a Special Use Planned Development; the dedication of 40 foot right-of-way along with roadway improvements for Commons Drive and the dedication of 66 foot right-of-way along with roadway improvements for internal roads; and provisions for a Roadway Agreement for the extension of Commons Drive to Stonehaven Subdivision Unit 1.
The Petitioner is also requesting approval of a Preliminary Plan and Plat for District 204 Subdivision for a townhome development of 34 buildings containing a total of 171 units. The Plat includes the creation of 43 lots, with 34 lots being developable for buildings with the remainder being city easements, stormwater detention, and a future park.
The Preliminary Plan features a central, t-shaped plaza that provides sidewalks and green space for the residents. To the east of the plaza is area dedicated for a future park, which is positioned to allow the site to potentially be combined with additional acreage when the property to the east develops. The stormwater detention is situated in the southeast corner, providing a view of the detention area from the park. The development has two entrances from Commons Drive. The most northern entrance is offset from Thatcher Drive to the north and features a divided entrance that opens onto views of the plaza and park. The southern entrance road is the planned east-west road that will connect Commons Drive to future development to the east. This road connects with a north-south road along the park that provides a connection to future development to the north.
The twelve buildings around the plaza and the four above the park have rear-loaded, two-car garages with six units per building. The remaining 18 along the edge of the development have front-loaded garages with mostly four units. The buildings will be a mixture of two and three stories with a combination of two and three bedrooms ranging from 1,480 square feet to 2,100 square feet.
Lastly, the Petitioner is requesting approval of a Roadway Construction and Financing Agreement regarding Commons Drive. This Agreement outlines the construction of roadway improvements for Commons Drive from the terminus at Thatcher Drive to the terminus at Stonehaven Subdivision Unit 1 and the reimbursement by the City for the City’s share of the roadway improvements.
DISCUSSION:
Staff has reviewed the Special Use Planned Development 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.
Public Input: As of the date of this memo, staff has received public inquiries requesting additional information, and letters from Thatcher's Grove Homeowner's Association and six neighbors as well as an online petition with 132 signatures (enclosed) on this petition raising concerns regarding increased density that they believe would have a negative impact on congestion, infrastructure, home values and the schools.
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.
12.1(6) To promote the buffering of low density residential areas from high intensity uses with higher density residential when appropriate.
22.1(1) To achieve appropriate zoning protection for residential areas designated in the land use plan..
RECOMMENDATIONS:
Planning Commission recommended APPROVAL of the Ordinance Establishing a Special Use Planned Development, Approving the District 204 Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of R-4A(S) Two-Family Dwelling District with a Special Use, OS-1(S) Conservation, Open Space, and Drainage District with a Special Use, and P(S) Park and Recreation District with a Special Use for the property located on the east side of Commons Drive south of 75th Street.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Exhibit “B” Plan Description
Land Use Petition with Supporting Documents
Property Research Sheet
Public Input-Letters and Homeowner's Petition
Legistar History Report
Legistar Number: 17-00872
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 Establishing a Special Use Planned Development, Approving the District 204 Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of R-4A(S) Two-Family Dwelling District with a Special Use, OS-1(S) Conservation, Open Space, and Drainage District with a Special Use, and P(S) Park and Recreation District with a Special Use for the property located on the east side of Commons Drive south of 75th Street
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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, School District #204 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 September 14, 2017, M/I Homes of Chicago, LLC filed with the City of Aurora a petition requesting the Establishment of a Special Use Planned Development, pursuant to an Annexation Agreement, with an underlying R-4A(S) Two-Family Dwelling, OS-1(S) Conservation, Open Space, and Drainage, and P(S) Park and Recreation zoning district on the property located on the east side of Commons Drive south of 75th Street for District 204 Development.
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 17, 2018, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on January 25, 2018, 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 Special Use Planned Development 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 the property legally described in Exhibit “A” shall remain in the underlying zoning classification of R-4A(S) Two-Family Dwelling District with a Special Use, OS-1(S) Conservation, Open Space, and Drainage District with a Special Use, and P(S) Park and Recreation District with a Special Use and upon termination of the use of said property for a Planned Development (8000), this Special Use permit shall terminate and the classification of R-4A Two-Family Dwelling District , OS-1 Conservation, Open Space, and Drainage District, and P Park and Recreation District 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.