Legislation Details

File #: 26-0502    Version:
Type: Ordinance Status: Unfinished Business
File created: 8/11/2026 In control: City Council
On agenda: 9/8/2026 Final action:
Title: An Ordinance Establishing a Conditional Use Planned Development and Approving the Challenge II Change Plan Description for the property located at 818 E. New York Street
Attachments: 1. Exhibit "A" Legal Description - 2028-08-13 - 2026.201, 2. Exhibit "B" Plan Description - 2026-08-12 - 2026.201, 3. Land Use Petition and Supporting Documents - 2026-06-30 - 2026.201, 4. Plat of Survey - 2026-06-30 - 2026.201, 5. Floor Plan - 2026-06-30 - 2026.201, 6. Maps - 2026-08-13 - 2026.201, 7. Legistar History Report - 2026-08-25 - 2026.201

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TO:                     Mayor John Laesch

 

FROM:                     Planning and Zoning Commission

 

DATE:                     August 20, 2026

 

SUBJECT:

An Ordinance Establishing a Conditional Use Planned Development and Approving the Challenge II Change Plan Description for the property located at 818 E. New York Street (Challenge II Change - 26-0502 / AU23/3-26.201 - CUPD - JM - Ward 2)  

 

PURPOSE:

The Petitioner, Challenge II Change, is requesting the Establishment of a Conditional Use Planned Development on the property located at 818 E. New York Street which includes a plan description to allow for the redevelopment of the property for office on the first floor and two residential apartments above.  

 

BACKGROUND:

The Subject Property was previously used as office on the first floor and one residential unit above with O Office District zoning.

 

The Petitioner is requesting the Establishment of a Conditional Use Planned Development on the property to allow for the property to be redeveloped with an office for Challenge II Change and to convert the second floor into two apartments. The first floor included office space, storage, kitchen area for the office, and restrooms. The second floor was one apartment. Challenge II Change proposes to use the first floor as an office for their non-profit and be open to current and perspective tenants. They will also use it as limited Social Service use with office and resource related social service, such as providing resource information to tenants and perspective tenants about social services provided by other organizations and meeting in a conference room with other various partner organizations. It will not include any type of clinical social service like counseling or rehab. The second floor will be converted to two, three bedroom apartments. The apartments will be leased as independent rental housing to qualified individuals who meet standard tenancy requirements but may face documented barriers to securing housing due to prior background history. All residents will enter into standard residential lease agreements and will be subject to the same rights, responsibilities, and occupancy standards applicable to any lawful tenant.

 

The property will continue to be accessed from New York Street. There is a two-car garage off of New York Street that will be available to the residential tenants. Per the Plan Description, the second required space per unit will be satisfied by providing one space per unit on the driveway. The office parking is provided in a shared parking lot that is accessed from N. Smith Street. The portion of the shared parking lot that sits on 818 E. New York Street property has approximately 8 parking spaces, which meets the required parking for the office use. 

 

DISCUSSION:

Staff has reviewed the Conditional Use Ordinance 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.

 

The office zoning district allows residential above offices but with some restrictions, including requirement that the residential use not exceed the total first floor square footage. Due to this restriction, the entire second story cannot be apartments. This Plan Description allows the entire second story to be used as two approximately 1,200 square foot apartments. It also allows one space per unit of the required residential parking to be provided on the driveway. The petitioner has future plans on completing some exterior roof work, painting, and landscape enhancements.

 

Staff has the following comments regarding the Findings of Facts:

 

Conditional Use Planned Development:

1. Will the establishment, maintenance or operation of the conditional use be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare?

 

The project will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare as the project will provide repairs to a property and will allow for the entire second floor to be useable space providing additional affordable housing options to Aurora. It will also allow the first floor to be continue to be used as office with limited social service in the form of office type uses, which will assist Aurora citizens on various programs available to those in need.

 

2. Will the conditional use be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood; factors including but not limited to lighting, signage and outdoor amplification, hours of operation, refuse disposal areas and architectural compatibility and building orientation?

 

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity or diminish or impair property values as the property was already being used for office with one residential unit. The addition of another residential unit brings much needed housing that is affordable. The development will support and complement the surrounding commercial and residential properties by maintaining compatible land use and improving overall visual appearance of the property.

 

3. Will the establishment of the conditional use impede the normal and orderly development and improvement of surrounding property for uses permitted in the district?

 

The development will not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the district as the proposed use of this project brings additional residences to a mixed-use area. The rehabilitation aligns with the corridor’s existing development pattern and contributes to the continued orderly development of the area. The office will continue to be used as office type uses that are also found in the surrounding area.

 

4. Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?

 

There are currently adequate utilities severing the building and will not require any additional. The existing access configurations off New York and N. Smith Street will remain in place.

 

5. Does the proposal take adequate measures, or will they be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets?  

 

The project does provide adequate ingress/egress. Access points to the site already exist and will be maintained. Parking is being provided at one enclosed space per unit plus parking on the driveway along with a shared parking lot to the east of the property to accommodate the commercial parking. The parking will not negatively impact traffic flow as it is existing and one additional unit will not create additional traffic.

 

6. Does the conditional use in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the city council pursuant to the recommendations of the commission?

 

Besides variations outlined in the Plan Description, the conditional use does conform to regulations of the O Office district.

 

7. FOR HOTELS:

 

Not applicable

 

8. Are the uses permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development?

 

The uses are necessary, desirable, and appropriate with respect to the primary purpose of the development as the use continues using the first floor as an office and limited social service in the form of office type use and brings additional apartments to this mixed-use area.

 

9. Are the uses permitted by such exception of a nature or so located as to not exercise an undue detrimental influence on the surrounding neighborhood? 

 

 The uses are of a nature and are so located as to not exercise an undue detrimental influence on the surrounding neighborhood as the surrounding neighborhood is mixed use including commercial use next door and other single and multi-family housing in the area.

 

10. Are the use exceptions so allowed reflected by the appropriate zoning district symbols and so recorded on the zoning district map? 

 

The exceptions so allowed are reflected by the appropriate zoning district symbols and are so recorded on the zoning district map as the current office zoning district does permit residential above.

 

11. ONLY FOR INDUSTRIAL SITE CONDITIONAL USE PLANNED DEVELOPMENTS:

 

Not Applicable.

 

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.

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(3) To encourage residential development in close proximity to places of work, shopping and recreation.

20.0                      To insure the provision of decent housing and a quality living environment for every resident of Aurora

21.1 (1) To promote access to housing opportunities for all economic, racial, religious, ethnic and age groups.

21.1(2) To promote a wide variety of housing types.

21.1 (3) To promote housing in all price ranges for purchase or rent.  

 

RECOMMENDATIONS:

The Planning and Zoning Commission recommended CONDITIONAL APPROVAL of the Ordinance Establishing a Conditional Use Planned Development and Approving the Challenge II Change Plan Description for the property located at 818 E. New York Street with the following conditions:

 

1. Application for building permits shall be submitted within one year of Ordinance approval or the conditional use approval shall become null and void.

 

2. This conditional use is specific to Petitioner and cannot be transferred to another owner without approval of the City Council. 

 

ATTACHMENTS:

Exhibit “A” Legal Description

Exhibit “B” Plan Description

Floor Plan

Land Use Petition with Supporting Documents

Maps

 

Legistar Number: 26-0502

 

cc:                     

Alderman Michael B. Saville, Chairperson

Alderman Patty Smith, Vice Chairperson

Alderman Javier Bañuelos

Alderwoman Juany Garza

Alderman Will White

 

CITY OF AURORA, ILLINOIS

 

ORDINANCE NO. _________

DATE OF PASSAGE ________________

title

An Ordinance Establishing a Conditional Use Planned Development and Approving the Challenge II Change Plan Description for the property located at 818 E. New York 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, Felix Fonge, 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 June 30, 2026, Challenge II Change filed with the City of Aurora a petition requesting the Establishment of a Conditional Use Planned Development on the property located at 818 E. New York Street. in the form of Exhibit “B” attached hereto, and have been duly submitted to the Corporate Authorities of the City of Aurora for review for the property described in Exhibit “A”; and

 

WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on August 19, 2026, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and

 

WHEREAS, on August 26, 2026, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition; and

 

WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning and Zoning Commission, finds that the proposed Conditional Use is not contrary to the purpose and intent of Chapter 49 of the Code of Ordinances, 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: In accordance with Section 104.3 of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, and Article VI of Chapter 34 of the Code of Ordinances, City of Aurora, a Conditional Use permit is hereby granted for a Planned Development for the real estate property legally described in Exhibit “A”. 

 

Section Six: That this Conditional Use permit hereby granted is solely for the purpose of a Planned Development 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 Conditional 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 with the following conditions:

 

1. Application for building permits shall be submitted within one year of Ordinance approval or the conditional use approval shall become null and void.

 

2. This conditional use is specific to Petitioner and cannot be transferred to another owner without approval of the City Council.

 

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 Conditional 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 Section 34.601 of Chapter 34 of the Code of Ordinances, City of Aurora.

 

Section Ten:  That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of O Office District and upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of O Office District shall be in full force and effect.

 

Section Eleven:  That this Planned Development 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 Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance as set forth in the Plan Description, are hereby granted and approved.