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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: April 17, 2025
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development and Approving the Hurd House Plan Description for the property located at 429 W. Downer Place (Historic Downer Place Apartments LLC - 25-0317 / AU21/2-25.092 - CUPD - JM - Ward 4)
PURPOSE:
The Petitioner, Historic Downer Place Apartments LLC, is requesting the Establishment of a Conditional Use Planned Development on the property located at 429 West Downer Place which includes a Plan Description to allow for the redevelopment of the building into 10 individual apartments.
BACKGROUND:
The Subject Property is currently with R-5 Multiple-Family Dwelling District zoning and is a Local Landmark. Built in 1856 for prominent local pharmacist David Hurd, this house is an
excellent example of the Second Empire style of architecture. Characteristic
features of this style include the mansard roof and dormers. The single front porch
replaced two original porches on the front of the house. The iron fence was added in the 1920s. Beyond the center stairwell corridors, the building appears to have been reconfigured multiple times by previous owners but seems to still possess much of the original trim and doors.
The Petitioner is requesting the Establishment of a Conditional Use Planned Development on the property to allow the property to be developed into a 10-unit apartment building that includes four one-bedrooms and six studios. The details of the request include a Plan Description that allows a slight variation in lot size to allow for a minimum lot size of 25,500 square feet for 10 units instead of the underlying zoning requirement of 30,000 square feet and a slight increase in lot coverage to 43 percent. Parking is permitted to be at a minimum of 1.5 surface parking spaces per unit; however, if parking is determined to be insufficient by the Zoning Administrator, the owner shall install additional spaces to meet the standard 2 spaces per unit. The additional lot coverage allowance was included to allow for the potential future parking.
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.
Staff worked with the developer on a potential reuse of this property to ensure this important historic home was repurposed and did not sit vacant. The property was previously used as a single-room occupancy. Staff worked with the developer to reduce the number of proposed units to 10 individual apartments ranging in size from 495 square feet to 954 square feet, each with a kitchen and bathroom. The developer has worked with staff to preserve the historic integrity of the home. The architectural plans are still being finalized and will require the approval of the Preservation Commission for all exterior changes. Currently, a ramp is being added along the side of the home to protect the front view of the porch. A fire escape may be required but it will be in the rear where it is not visible. The interior staircase will be restored, and the existing doors and wood trims will remain. The developers have already begun cleaning up the site, including removing scrub landscaping, paving some of the driveway, and a partial new roof.
Staff has the following comments regarding Findings of Facts:
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 brings additional housing to a residential area and preserves a building with tremendous historic significance to the community. Downer Place has long been considered a historical throughfare. This subject property operated as a lodging house for several years. The proposed use of the property (apartment living at moderate pricing) demonstrates that the proposed project will bring much needed residences to the area and significantly enhance the area.
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 addition of 10 residential units brings much needed housing that is affordable. Although it is difficult to accurately predict what will happen to property values with the addition of any one development, it is fair to state that this project will certainly have a positive impact on property values within the neighborhood. The development will ensure the house continues to be used as a residence and not sit vacant.
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 much needed residences to the area. The building was already being used as a multiple dwelling unit in the form of a lodging house. Continuing the use of multi-family but in the form of 10 individual apartments should have no additional impact on the surrounding properties.
4. Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
Some utility work will be required but there is currently adequate water and sewer capacity to serve the project.
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? (For automobile intensive uses including but not limited to, gas stations, car washes, and drive through facilities, the concentration of similar uses within 1000 feet of said subject property should be given consideration as to the impact this concentration will have on the traffic patterns and congestion in the area.)
The project does provide adequate ingress/egress. Access point to the site already exist and will be maintained not only to city code but to historic code of one car wide. Parking is being provided at 1.5 spaces per unit, which staff has found is sufficient for smaller apartments. In addition, the site plan allows for the addition of parking spaces if parking becomes an issue.
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 R-5 district.
7. FOR HOTELS: Does the market feasibility study, that was provided to the City, include all the requisite data and demonstrate that the proposed hotel use has sufficient demand generators already in place or proposed as part of the hotel use development and other factors present, to support the economic viability of such hotel use, in order to prevent blight, excessive vacancies or obsolescence as a result of such hotel use being abandoned, after construction thereof?
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 brings additional apartments to this multi-family zoning district.
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 residential including some multi-family.
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
11. ONLY FOR INDUSTRIAL SITE CONDITIONAL USE PLANNED DEVELOPMENTS: In an industrial planned development, do such additional uses allowed by exceptions conform with the performance standards of the district in which the development is located?
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 received public inquiries requesting additional information on 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.
14.1 (3) To protect, preserve and restore the historical and architectural heritage of the City.
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.
22.1 (5) To recognize the unique characteristics of individual neighborhoods and promote their positive attributes.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the An Ordinance Establishing a Conditional Use Planned Development and Approving the Hurd House Plan Description for the property located at 429 W. Downer Place..
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Exhibit “B” Plan Description
Site Plan
Unit Layout
Building Elevations
Land Use Petition with Supporting Documents
Legistar Number: 25-0317
cc:
Alderwoman Patty Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman Bill Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development and Approving the Hurd House Plan Description for the property located at 429 W. Downer Place
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, Historic Downer Place- Apartments 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 March 18, 2025, Historic Downer Place Apartments LLC filed with the City of Aurora a petition requesting the Establishment of a Conditional Use Planned Development on the property located at 429 West Downer Place 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 April 16, 2025, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 23, 2025, the Building, Zoning and Economic 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 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.
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.
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 R-5 Multiple-Family Dwelling District and upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of R-5 Multiple-Family Dwelling 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.