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TO: Mayor John Laesch
FROM: Planning and Zoning Commission
DATE: November 21, 2025
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Orchard’s Crossing Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to an underlying zoning of R-4A Two-Family Dwelling District, B-2 General Retail District and OS-1 Conservation, Open Space, and Drainage District for the property located at the northeast corner of Sullivan Road and N. Orchard Road (Targa Acquisitions, LLC - 25-0931 / AU07/1-25.257 - CUPD/R - JM - Ward 5)
PURPOSE:
The Petitioner, Targa Acquisitions, LLC, is requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district from ORI Office, Research, and Light Industrial District to R-4A(C) Two-Family Dwelling District with a Conditional Use, B-2(C) General Retail District with a Conditional Use, and OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use on the property located at the northeast corner of Sullivan Road and N. Orchard Road which includes a Plan Description to allow for a mixed use development consisting approximately of 10 acres of residential, 11 acres of commercial, and 8.3 acres of stormwater detention.
BACKGROUND:
The Subject Property is currently vacant with ORI Office, Research, and Light Industrial District.
The Petitioner is requesting the Establishment of a Conditional Use Planned Development, and to change the zoning district from ORI Office, Research, and Light Industrial District to R-4A(C) Two-Family Dwelling District with a Conditional Use, B-2(C) General Retail District with a Conditional Use, and OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use. The details of the request include a Plan Description that outlines three underlying zoning districts. The Plan Description identifies the area to the north of the property as R-4A(C) Two Family Dwelling and outlines the City’s standard townhome bulk restriction requirements. The Plan Description restricts some by right uses while also allowing some additional uses, which includes up to three drive throughs. One lot is also reserved for a white tablecloth, sit-down restaurant. The Plan Description as presented by the Petitioner, requests the allowance of one gasoline station (2831) use with no truck diesel lanes. The bulk restrictions include specific setbacks for the three abutting roadways. In addition, a Roadway Agreement will be required prior to Preliminary Plan and Plat approval to outline roadway and intersection improvements.
The Petitioner provided a Concept Plan showing how the property could potentially develop with residential on the area to the north, five commercial lots in the middle, and the existing detention remaining on the southern portion. The plan is a Concept Plan only. Upon approval of entitlements, the petitioner would need to resubmit for Preliminary Plan and Plat approval for the overall development and then each lot would need to submit for Final Plan and Plat when a specific development is being proposed.
The main entrance to the development will be a three-quarter entrance located off Orchard Road across from Bushwood Drive. Orchard Road will be improved with a new, south-bound left turn lane and a dedicated northbound, right turn lane into the development. Two entrances will also be on Sequoria Drive. The Concept Plan shows the gas station on the lot abutting the main entrance drive, three buildings with drive throughs, and two other commercial buildings. The property to the north is set aside for a future townhome development.
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, with the exceptions of the following items which are also reflected in the conditions listed in the Staff Recommendation below.
Over the past several years, the property owner and staff have collaborated to reimagine the future of this large parcel along a major arterial roadway. When staff introduced a new vision focused on attracting high-end commercial users, the property owner expressed strong support. This vision required significant coordination with the Kane County Department of Transportation (KDOT) to revise the previously approved right-in/right-out access on Orchard Road to a three-quarter access-an essential modification to improve the site’s viability and appeal for commercial development.
As market conditions evolved, staff recognized that an exclusively commercial project might not be feasible; however, a mixed-use development that integrated townhomes remained viable. After exploring multiple design options, the final concept plan places residential on the northern portion of the property and reserves five commercial lots around the primary entrance at the center of the site.
Because this is the last sizable, undeveloped parcel along the Orchard Road Corridor, it represents the City’s final opportunity to attract high-quality commercial users to this area. While the Plan Description generally reflects the intended vision, there are concerns with the inclusion of a gas station as one of the first proposed commercial uses, which does not align with the desired high-end, mixed-use character. Approving such a use at this early stage carries the risk of this parcel remaining solely as a gas station for years, undermining the long-term vision for a high-quality commercial corridor and potentially discouraging more desirable future users.
Gas stations are not permitted within the current ORI Office, Research, and Light Industrial District. Due to their operational complexity and impacts beyond those of typical commercial buildings, they are allowed only as Conditional Uses in the B-2 General Retail District. Given the vision for an upscale commercial corridor and the number of existing gas stations in the area, staff recommends approval with the condition that a gasoline station (2831) be listed as a prohibited use.
Additionally, it is important to acknowledge broader community goals. Aurora has recently approved several gas stations in other parts of the community, even as consumer's continue shifting toward alternative power vehicles. The City’s newly adopted Sustainability Plan emphasizes expanding alternative fuel infrastructure, achieving 50% renewable energy use, and encouraging residents and visitors to adopt more sustainable transportation choices.
Staff has the following comments regarding Findings of Fact with the assumption that the condition that the Plan Description be revised to prohibit a Gasoline Station (2831) use be included in the recommendation:
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 development will improve a vacant land with commercial development similar to the development along Orchard Road along with additional residences to patron the commercial development. Its development will complete the transformation of a property that has been underutilized for decades.
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 development is similar to other commercial development along a major arterial and will provide medium density residential opportunities that is an appropriate housing development located adjacent to commercial.
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 uses are consistent with the surrounding uses. The proposed zoning continues the trend of commercial uses in the area. The area is a good location for residential uses as it is near I-88 tollway, providing easy access to commuters.
4. Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
The location is supported by existing utilities, access to existing roads, drainage, and other facilities. The proposed development will integrate well into the existing infrastructure. Much of the stormwater detention is already provided in the existing pond.
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 development does take adequate measures to provide ingress and egress to minimize traffic congestion as the proposal includes the construction of a dedicated southbound, left turn lane into the site, thus alleviating any back-up of southbound traffic. In addition, it provides a dedicated north bound, right turn lane also alleviating any traffic congestion north bound. The traffic study confirms that these improvements should address any traffic concerns on Orchard Road. A Roadway Agreement will be completed prior to Preliminary Plan and Plat to outline any additional roadway improvements required.
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?
The Conditional Use in all other respects conforms to the applicable regulations of the various zoning districts.
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?
N/A
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 it allows additional commercial opportunities on a major arterial and it allows townhomes with Aurora’s standard bulk restrictions for other similar townhomes.
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 it is of a similar use as the area and provides additional residential patrons to the surrounding commercial properties.
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 as the vision uses fit well into the B-2 zoning district and Aurora’s standard practice is to zone townhomes under R-4A: Two Family Dwelling District and are so recorded on the zoning district map.
Rezoning
1. Is the proposal in accordance with all applicable official physical development policies and other related official plans and policies of the City of Aurora?
Staff has noted below the physical development policies that the proposal meets. The proposal brings additional commercial opportunities and provides additional housing stock to accommodate the needs of Aurora’s growing population.
2. Does the proposal represent the logical establishment and/or consistent extension of the requested classification in consideration of the existing land uses, existing zoning classifications, and essential character of the general area of the property in question?
The proposal represents the logical establishment and is consistent extension of the requested classification in the consideration of the existing land uses, existing zoning classifications, and character of the area as across the street are similar commercial uses and placing commercial along major arterials and near a tollway is standard planning practice. Medium density residential near commercial corridors is common practice and similar to across the street.
3. Is the proposal consistent with a desirable trend of development in the general area of the property in question, occurring since the property in question was placed in its present zoning classification, desirability being defined as the trend's consistency with applicable official physical development policies and other related official plans and policies of the City of Aurora?
The proposal is consistent with a desirable trend of development in the area as the area already contains commercial and residential development along Orchard Road. A gas station is currently not a permitted use and a gas station does not appear to be consistent with the vision of a high-end, mixed-use development.
4. Will the rezoning allow uses which are more suitable than uses permitted under the existing zoning classification?
The rezoning will allow for more suitable uses as the development is consistent with the surrounding areas across the street and will provide additional housing opportunities to the area. A gas station is currently not a permitted use and maintaining this restriction reflects the highest and best use of this property.
5. Is the rezoning a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area?
The rezoning is consistent with the existing land uses, zoning classifications, and general character as the Property has remained vacant and undeveloped under the Property’s current land use designation as ORI, contributing little to the community and surrounding properties. Re-designating the Property for a mixed-use development with residential rooftops would be the highest and best use for this site and will help support the existing commercial and retail uses along Orchard Road.
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.
12.01(3) To encourage residential development in close proximity to places of work, shopping and recreation.
12.01(4) To encourage high density housing at appropriate locations adjacent to commercial centers.
13.1(4) To provide for the location of high density residential, commercial, and industrial centers close to or along transportation routes designed to accommodate the movement of people and goods to and from such centers.
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.
31.1(3) To promote the development of commercial facilities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the An Ordinance Establishing a Conditional Use Planned Development, Approving the Orchard’s Crossing Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to an underlying zoning of R-4A Two-Family Dwelling District, B-2 General Retail District and OS-1 Conservation, Open Space, and Drainage District for the property located at the northeast corner of Sullivan Road and N. Orchard Road.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Exhibit “B” Plan Description
Land Use Petition with Supporting Documents
Concept Plan
Maps
Presentation
Legistar Number: 25-0931
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, Approving the Orchard’s Crossing Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to an underlying zoning of R-4A Two-Family Dwelling District, B-2 General Retail District and OS-1 Conservation, Open Space, and Drainage District for the property located at the northeast corner of Sullivan Road and N. Orchard Road
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, Toyota Motor Sales Usa Inc, (Owner) 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 August 29, 2025, Targa Acquisitions, LLC (Petitioner) filed with the City of Aurora a petition requesting the Establishment of a Conditional Use Planned Development, and to change the zoning district from ORI Office, Research, and Light Industrial District to R-4A(C) Two-Family Dwelling District with a Conditional Use, B-2(C) General Retail District with a Conditional Use, and OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use on the property located at the northeast corner of Sullivan Road and N. Orchard Road 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 November 19, 2025, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on November 26, 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 by Article VI of Chapter 34 of the Code of Ordinances, City of Aurora.
Section Ten: That Chapter 49 of the Code of Ordinances, City of Aurora, being the 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 ORI Office, Research, and Light Industrial District to R-4A(C) Two-Family Dwelling District with a Conditional Use, B-2(C) General Retail District with a Conditional Use, and OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use. Upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate, and the classification of R-4A Two-Family Dwelling District, B-2 General Retail District, OS-1 Conservation, Open Space, and Drainage District shall be in full force and effect.
Section Eleven: That the rezoning of the real estate property described in Exhibit “A”, from ORI Office, Research, and Light Industrial District to R-4A(C) Two-Family Dwelling District with a Conditional Use, B-2(C) General Retail District with a Conditional Use, and OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use is contingent upon the closing of the sale and recording of the deed of the real estate property described in Exhibit "A" by the Petitioner. The rezoning and conditional use planned development as described above will automatically become null and void upon written notification by the Owner that the closing of the real estate property by the Petitioner was not completed. If no written notification by the Owner is received by March 1, 2026, or by submittal of Preliminary Plan and Plat approval for any portion of the Subject Property, whichever is sooner, the rezoning and conditional use planned development as described above is final.
Section Twelve: That this Planned Development shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Thirteen: That all modifications and exceptions under the Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance and Building Code, as set forth in the Plan Description, are hereby granted and approved.