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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: April 4, 2025
SUBJECT:
An Ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to rezone approximately 0.3 acres of the property located east of Raddant Road and north of Butterfield Road from R-1(C) One-Family Dwelling District with a Conditional Use to R-1 One-Family Dwelling District to remove the property from the Marmion Academy Plan Description (Pulte Home Company, LLC - 25-0248 / BA35/4-24.527 - CUPD/Ppn/Psd - JM - Ward 1)
PURPOSE:
The Petitioner Pulte Home Company, LLC is requesting to rezone approximately 0.3 acres of the property located east of Raddant Road and north of Butterfield Road from R-1 (C) One-Family Dwelling District with a Conditional Use to R-1 One Family Dwelling District to remove the property from the Marmion Academy Plan Description to allow the property to be conveyed to the neighboring homes.
BACKGROUND:
The Subject Property is currently vacant with R-1 (C) One-Family Dwelling District with a Conditional Use zoning, which is part of the Marmion Academy Conditional Use Planned Development.
The Petitioner is requesting to rezone approximately 0.3 acres of the property located east of Raddant Road and north of Butterfield Road from R-1 (C) One-Family Dwelling District with a Conditional Use to R-1 One Family Dwelling District to remove the property from the Marmion Academy Plan Description. Currently, there is a fence near the eastern property line between Marmion’s property and the Kirkland Farm subdivision; however, this fence is approximately 15 feet west of the actual property line. This rezoning is to remove the property to the east of the fence from the Marmion Academy Plan Description and not include it with the Harvest Point Plan Description so that the property can be individually conveyed through the Plat Act to the abutting single-family property owners.
Concurrently with this proposal, the Petitioner is requesting the Establishment of a Conditional Use Planned Development, and to change the zoning district from R-1(C) One-Family Dwelling District with a Conditional Use to R-2(C) One-Family Dwelling 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 specific requirements and provide some exceptions to the bulk restrictions. The single-family homes will be developed under R-2 zoning with modifications to the standard bulk restriction including a slight reduction of minimum lot size, minimum lot width, and maximum lot coverage. In addition, the Plan Description requires larger minimum building size than standard R-2 and requires all buildings to have basements. The second parcel will have an underlying zoning of OS-1 for the stormwater detention facility.
The Petitioner is also requesting approval of a Preliminary Plan and Plat for Harvest Point Subdivision for single-family homes. The details of the request include 59 single-family homes with units ranging in size from 1,683 to 3,160 square feet with 3-5 bedrooms. Every home will have a two-car garage and two-car driveway with an option of adding a third garage. The average lot size of 7,921 and average lot width is 59 feet.
The subdivision will be accessed by two entrances off Raddant Road aligning with the current entrances into the adjacent subdivisions. The main entrance will be at Vineyard Lane and a southbound left turn lane into the development will be installed. The interior street circles through the property at the City standard roadway size.
The site features detention ponds all along the eastern property providing a larger buffer to the adjacent Kirkland Farm subdivision. Two additional detention ponds line much of the southern boundary providing a buffer to the proposed townhome development to the south. Three outlots abut Raddant Road featuring an undulating berm along most of the frontage and a screen planting easement to buffer the rear yards of the proposed development from Raddant Road.
While not required until Final Plan and Plat, the developers have provided draft Landscape Plan and Elevations. The Landscape Plan shows heavy landscaping along Raddant Road and the eastern property.
The Preliminary Plat includes subdividing the property into 59 single-family lots, one detention lot, and two outlots along Raddant Road.
DISCUSSION:
Staff has reviewed the Rezoning Ordinance 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 has the following comments regarding the Findings of Facts:
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.
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 the adjacent properties are single-family homes with an underlying zoning of R-1 One-Family Dwelling District.
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 abuts single-family homes and will allow the property to have the same underlying zoning once the property is conveyed to neighboring properties.
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 property is being conveyed to lots zoned with an underlying R-1 One-Family Dwelling District and it takes it out of the Marmion Academy Plan Description.
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 neighboring property are single-family homes.
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:
12.0 To plan and provide for the growth of the City through the integration of land use patterns and functions that promote 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(2) To promote a wide variety of housing types.
22.1(1) To achieve appropriate zoning protection for residential areas designated in the land use plan.
23.1(3) To encourage quality design and practicable innovations in both housing structures and site development.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the An Ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to rezone approximately 0.3 acres of the property located east of Raddant Road and north of Butterfield Road from R-1(C) One-Family Dwelling District with a Conditional Use to R-1 One-Family Dwelling District to remove the property from the Marmion Academy Plan Description.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Exhibit "B" Location Map
Land Use Petition with Supporting Documents
Legistar Number: 25-0248
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 ________________
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An Ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to rezone approximately 0.3 acres of the property located east of Raddant Road and north of Butterfield Road from R-1(C) One-Family Dwelling District with a Conditional Use to R-1 One-Family Dwelling District to remove the property from the Marmion Academy Plan Description
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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, Marmion Academy, is the owner of record of the real estate legally described on Exhibit “A” and shown on Exhibit "B", attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A” and Exhibit "B"; and
WHEREAS, by petition dated Tuesday, December 3, 2024, Pulte Home Company, LLC filed with the City of Aurora a petition requesting to rezone approximately 0.3 acres of the property located east of Raddant Road and north of Butterfield Road from R-1 (C) One-Family Dwelling District with a Conditional Use to R-1 One Family Dwelling District to remove the property from the Marmion Academy Plan Description; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on Wednesday, March 26, 2025, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 9, 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 Rezoning 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 the property legally described in Exhibit “A” is being removed from the Marmion Academy Conditional Use Planned Development approved by Ordinance O95-041 on June 20, 1995 and that all ordinances and resolutions establishing the Marmion Academy Conditional Use Planned Development, and all subsequent revisions, regarding this property are hereby expressly repealed.
Section Six: 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 R-1(C) One-Family Dwelling District with a Conditional Use to R-1 One-Family Dwelling District.