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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: October 8, 2021
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Fox Valley Apartments-Todd School 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-5 Multiple-Family Dwelling District for the property located at 100 Oak Avenue (Fox Valley Apartments, LP / Todd School / 100 Oak Avenue / CUPD / Rezoning / Final Plat / Final Plan - 21-0716 / AU22/1-21.268-CUPD/Rz/Fsd/Fpn - JM - Ward 6)
PURPOSE:
The Petitioner Fox Valley Apartments, LP is requesting the Establishment of a Conditional Use Planned Development, and to change the zoning district from R-3(C) One Family Dwelling District with a Conditional Use to R-5(C) Multiple-Family Dwelling District with a Conditional Use on the property located at 100 Oak Avenue which includes the adaptive reuse of the historic Todd School for residential housing and the one-story addition for social service use.
BACKGROUND:
The Subject Property is currently vacant with R-3(C) One Family Dwelling District with a Conditional Use zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting the Establishment of a Conditional Use Planned Development, and to change the zoning district from R-3(C) One Family Dwelling District with a Conditional Use to R-5(C) Multiple-Family Dwelling District with a Conditional Use. The details of the request include a Plan Description with variations to the Zoning Ordinance and Building Code to allow the historic school to be repurposed into 11 workforce housing units and to reuse the 1-story later addition for social service uses. These variations include varying setbacks, allowing the social service use limited to 5,015 square feet, increasing lot coverage, and reducing parking due to the use as workforce housing. Additional requirements on preserving the historically significant murals and sculptures is also included.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat for Lot 1 and 2 of Fox Valley Apartments-Todd School Subdivision. The request will create two lots, one being the historic school and the second being the 1-story addition.
The Petitioner is also requesting approval of a Final Plan for Lot 1 and 2 of Fox Valley Apartments-Todd School Subdivision for a Multi-Family Dwelling (1140) Use and Social Service Agencies, Charitable Organizations, Health Related Facilities, and similar uses when not operated for pecuniary profit (6630) Use. The details of the request include a Final Plan that includes reconfiguring the current parking lot and adding additional parking where the playground currently is located. There will be a total of 33 parking spaces. The Landscape Plan features additional green space behind the 1-story addition and between the parking lot and sidewalk, which will be lined with a hedgerow providing screening from the cars. Additional street trees will be added. The historic school appears to be eligible for the National Register of Historic Places. As the developer is currently pursuing using Historic Preservation Tax Credits, the exterior of the historic school will remain unchanged and therefore, no Elevations are being approved. The renovation also includes preserving many of the significant interior elements, including lockers, doors, and chalk boards.
DISCUSSION:
Staff has reviewed the Conditional 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.
The Mary A. Todd School was completed in 1934 as an elementary school to replace a former school facility - the Oak Street School - which burned in 1927 and was named for Mary A. Todd, a former Oak Street School principal. The school was designed by the Chicago architectural firm of Joseph C. Llewellyn & Co. which designed other Aurora public schools, including the nearby Lincoln School. The Mary A. Todd School appears to be eligible for individual listing in the National Register of Historic Places under Criterion A.
Staff has the following comments regarding the Findings of Facts:
Conditional Use:
1. The project will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare as the development will reuse a building that has historic significance to the community having been the site of a school for over 100 years and reuse a building that has sat vacant for rental housing, providing for diverse housing types to accommodate the needs of Aurora's population. It will also bring additional services to the area.
2. 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 it allows for transition from businesses to the east and south and medium density residential to the north to the single-family uses to the west. It will produce less people using the site than the former school. It will also prevent the property from sitting vacant and becoming a blighted property.
3. The development will not impede the normal and orderly development and improvement of surrounding properties as it would reduce the amount of people using the site and will develop a vacant property and thus improve the neighborhood.
4. There is currently adequate water and sewer capacity to serve the project.
5. The project does provide adequate ingress/egress. The main access points for the site are the existing access off Grand Avenue and Spruce Street. The traffic generated by residences should have less of an impact on the neighborhood than a school, which had very high amounts of traffic at specific times of day. While not providing our typical two spaces per unit, staff feels that workforce housing does not produce the standard two parking spaces per unit parking need.
6. The Conditional Use in all other respects conforms to the applicable regulations of the R-5 zoning district.
Rezoning
1. Staff has noted below the physical development policies that the proposal meets.
2. The proposal does represent the logical establishment of the requested classification in considering the existing area as it is a medium-density residential development that is adjacent a mixture of land uses, providing a buffer between the uses.
3. The proposal is consistent with a desirable trend of development in the area as it provides additional housing options in the area, provides additional range of housing prices, and reuses a vacant historic building that often can be difficult to reuse.
4. The rezoning will allow uses that are more suitable uses than the existing zoning classification as it is not feasible to reuse the historic school for single-family and there is no interest in continuing to use the site as a school.
5. The rezoning is consistent with the existing area as it brings additional residential housing options to a property that abuts commercial and multi-family housing.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received one call with concerns of the use as workforce housing and the impact that will have on surrounding property values.
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(6) To promote the buffering of low density residential areas from high intensity uses with higher density residential when appropriate.
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.
23.1 (7) To encourage that adaptive reuse of commercial and industrial structures to housing where such conversions are economically feasible, supportive of revitalization efforts, and consistent with the land use plan.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of An Ordinance Establishing a Conditional Use Planned Development, Approving the Fox Valley Apartments-Todd School 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-5 Multiple-Family Dwelling District for the property located at 100 Oak Avenue.
ATTACHMENTS:
EXHIBITS:
Exhibit A - Legal Description
Exhibit B - Plan Description
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 21-0716
cc:
Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development, Approving the Fox Valley Apartments-Todd School 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-5 Multiple-Family Dwelling District for the property located at 100 Oak Avenue
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, the City of Aurora, 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 3, 2021, Fox Valley Apartments, LP, filed with the City of Aurora a petition requesting the Establishment of a Conditional Use Planned Development, and to change the zoning district from R-3(C) One Family Dwelling District with a Conditional Use to R-5(C) Multiple-Family Dwelling District with a Conditional Use on the property located at 100 Oak Avenue 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 October 6, 2021, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on October 13, 2021, 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 Planned Development 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: That all previous Conditional Uses approved by O80-4952 and approved on October 21, 1980 on the property legally described in Exhibit “A” and all subsequent revisions are expressly repealed.
Section Six: In accordance with Section 104.3 of Chapter 49, 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 (8000) use for the real estate property legally described in Exhibit “A”.
Section Seven: That this Conditional 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 conditional use.
Section Eight: 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 Nine: 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 Ten: 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.
Section Eleven: That Chapter 49, 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 R-3 (C) One Family Dwelling District with a Conditional Use to R-5 (C) Multiple-Family Dwelling District with a Conditional Use. Upon termination of the use of said property for a Planned Development (8000) this Conditional Use permit shall be terminated and the classification of R-5 Multiple-Family Dwelling District shall be in full force and effect.
Section Twelve: 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 Thirteen: 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 here by granted and approved.