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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: April 8, 2022
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Northern Lights Development Corporation 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 and O Office District for the property located at 1449 Jericho Circle (Northern Lights Development Corporation - 22-0194 / AU29/3-22.060-Rz/CU/Ppn/Psd - TV - Ward 5)
PURPOSE:
The Petitioner, Northern Lights Development Corporation, is requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district to R-4A Two-Family Dwelling District and O Office District on the property located at 1449 Jericho Circle for the construction of an affordable senior rental community.
BACKGROUND:
The Subject Property is currently zoned R-1 One-Family Dwelling District and R-5(C) Multiple-Family Dwelling District with a Conditional Use Planned Development and is vacant land except for the Aurora Housing Authority (AHA) Corporate office building. This property was formerly the Jericho Circle Apartments which had 149 units. In 2012, this subdivision was demolished.
The Petitioner is requesting the Establishment of a Conditional Use Planned Development, and to change the zoning district from R-1 One-Family Dwelling District and R-5(C) Multiple-Family Dwelling District with a Conditional Use Planned Development District to R-4A(C) Two-Family Dwelling District and O(C) Office District with a Conditional Use Planned Development. The details of the request include approving a plan description that outlines specific requirements and allows for modifications including lot size, setback, building standards, and parking requirements to allow for the development of affordable senior rental community.
Concurrently with this proposal, the Petitioner is requesting approval of a Preliminary Plat and Plan for Fourteen Forty Nine Senior Estates Subdivision. The details of the Preliminary Plat request include the creation of a 52-lot subdivision along with the dedication of a 66' internal public right of way, 40' dedication along Jericho Road and the dedication of several easements.
The details of the Preliminary Plan request include the construction of a 70-unit affordable senior rental community for seniors 62 years and older. This community is made up of 25 one-story duplexes, being 50 units, and 20 one-story single family residential homes of which 53 will be one-bedroom units and 17 will be two-bedroom units. These units will range from 741 square feet to 872 square feet. Each unit will be sprinklered and include an in-unit washer and dryer, wiring for internet and cable connections, luxury plank flooring, a one-car driveway and a one-car garage. The Preliminary Plan features a new clubhouse which will include an on-site management office, a club room, a media center, and a fitness club and associated parking. There will also be pickle ball courts and an outdoor community area. Walking paths and sidewalks are being implemented throughout the community. The corporate office for AHA will remain on the property with underlying O Office District zoning.
The Plan shows a divided entrance with a center median off Jericho Road. The internal street consists of a 31' back-to-back width which will allow for on-street parking. Two detention ponds are proposed fronting along Jericho Road buffering the development. Additionally, there is a detention pond at the northwest corner of the property.
Proposed building elevations are included within the packet, however, these will not be reviewed and approved until Final Plat and Plan time.
DISCUSSION:
Staff has reviewed the Rezoning and 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.
Staff has been working with the Petitioner to ensure that this development will not have a negative impact on the surrounding area. Due to the nature of the age-restriction, the application vetting by AHA, limited occupancy, and bedroom composition, Staff feels that even with the parking requirement reduction that there will be adequate parking within the development.
Staff has the following comments regarding the Finding of Facts:
Conditional Use:
1. The project will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare as it is providing for diverse housing types to accommodate the needs of Aurora's population.
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 the development is a less dense residential use and is providing buffer with the stormwater detention facilities to the single family uses.
3. The development will not impede the normal and orderly development and improvement of surrounding properties as this use is in keeping with the uses in the surrounding area.
4. The proposed subdivision will be constructing stormwater facilities which will be contained onsite and there is currently adequate water and sewer capacity to serve the project.
5. The project does provide adequate ingress/egress.
6. The Conditional Use in all other respects conforms to the applicable regulations of the R-4A 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 being rezoned to a less dense residential use and keeping with the residential uses in the surrounding area.
3. The proposal is consistent with a desirable trend of development in the area as it provides additional housing options in the area.
4. The rezoning will allow for a unique housing option not found in the area.
5. The rezoning is consistent with the existing area as it brings additional residential housing options to a property.
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:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land-use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center.
21.0 To promote and plan for residential development, redevelopment and rehabilitation in order to provide a wide range of quality housing opportunities for purchase or rent throughout the City for all segments of the population
21.01(1) To promote access to housing opportunities for all economic, racial, religious, ethnic and age groups.
21.01(2) To promote a wide variety of housing types.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the Ordinance Establishing a Conditional Use Planned Development, Approving the Northern Lights Development Corporation 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 and O Office District for the property located at 1449 Jericho Circle.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Land Use Petition with Supporting Documents
Maps
Legistar Number: 22-0194
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 Northern Lights Development Corporation 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 and O Office District for the property located at 1449 Jericho Circle
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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, Aurora Housing Authority, 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 4, 2022, Northern Lights Development Corporation filed with the City of Aurora a petition requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district to R-4A Two-Family Dwelling District and O Office District on the property located at 1449 Jericho Circle 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 6, 2022, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 13, 2022, 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 V 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 Six: 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 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 V 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”, to R-4A(C) Two-Family Dwelling District with a Conditional Use Planned Development District. Upon termination of the use of said property for a Planned Development (8000) this Conditional Use permit shall terminate, and the classification of R-4A Two-Family Dwelling District shall be in full force and effect.
Section Eleven: 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 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 here by granted and approved.