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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: April 9, 2015
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property from B-2 General Retail to R-5A(S) Multiple Family Dwelling, Establishing a Special Use Planned Development and Approving the Balaji Homes Condominiums Plan Description for 10.37 Acres located at Southwest corner of Sequoia Drive and Randall Road (Balaji Partners, LLC - L14-01125 / AU08/1-13.299-Rz/Su/Ppn/Psd - SP - Ward 5)
PURPOSE:
The Petitioner, Balaji Partners, LLC, is proposing a Rezoning and Special Use for the property generally located at the southwest corner of Sequoia and Randall, rezoning property from R-1 Single Family and B-2 General Retail to R-5A(S) Multiple Family Residential with a Special Use Planned Development.
BACKGROUND:
The Subject Property is located at Southwest corner of Sequoia Drive and Randall Road and is currently vacant land with a combination of B-2 General Business and R-1 Single Family Residential. The property is generally located south of Sequoia Drive and west of Randall Road behind the Randall Plaza, a retail center which includes general retail and the Life Storage facility, Two Rivers Head Start Agency, and the River of Life Christian Center. The Sri Venkateswara Swami Temple is located just across Randall Road to the east.
The Plan Description being proposed includes one variation to the Aurora Zoning Ordinance being a reduction to the separation an accessory building from 20 feet to 0 feet to the principal building as a community services center may be constructed to be an addition to two of the primary structures. All other AZO bulk regulations, including the enclosed parking requirements, will be in effect on the Subject Property. There are also a number of building code modifications requested as part of the Plan Description of which the building staff is in discussions with the petitioner however staff feels that any changes would require an equal or better design alternative or a decision by the Building Code Board of Appeals. For this reason staff is recommending that these provisions be removed from the Plan Description.
The details of the preliminary plan and plat, which is a separate action being review and approved concurrently, includes four multi-story condominium buildings, each at five-stories, and a common area building for with community services. The buildings are proposed to have a total of 164 dwelling units and will be developed as an age restricted retirement community associated with the Swami Temple located across Randall Road. The units are anticipated to be a minimum of 50% three bedroom units with an average of 1,300 square feet and no more than 50% 2 bdr with an average of 1,000 square feet in size. There are 330 individually accessible parking spaces proposed on the site which includes 123 surface spaces and 207 enclosed spaces with meets the City's requirement of 2 parking spaces per unit with1.25 of those spaces enclosed within the primary structure(s).
Old Sequoia Road runs through the property and, while no longer a public roadway, has been mostly incorporated into the site plan to retain the internal access and utility connections with easements.
The building elevations are not subject to review and approval at this time however at the time of Final Plan approval the following will apply: the majority of the building façade should be done in a masonry material, such as limestone or brick; the building materials of the trash enclosure should match the primary building’s material and should be masonry/stone; the overhead doors into parking facilities should be residential in appearance.
DISCUSSION:
Staff has reviewed the Rezoning and Special Use petition submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made revisions changes to these documents and they now meet the applicable codes and ordinances with the exception of the items mentioned in the Staff Recommendation listed below.
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 regarding this petition, and a letter (enclosed) from Seefried Industrial Properties, Inc. the property owner to the west.
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.
11.0 To guide the growth of the City in an orderly and structured manner.
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.
RECOMMENDATIONS:
The Planning Commission recommends CONDITIONAL APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property from R-1 Single Family and B-2 General Retail to R-5A(S) Multiple Family Dwelling, and Establishing a Special Use Planned Development and Approving the Balaji Homes Condominiums Plan Description, with the following conditions:
1. That all provisions under Section IV. C MODIFICATIONS FROM THE BUILDING CODE of the Plan Description be removed as the building staff is in discussions with the petitioner regarding these modifications, any changes would require an equal or better design alternative or a decision by the Building Code Board of Appeals.
2. That the easterly access point to Sequoia Drive be moved to the current existing location, and that the westerly access to Sequoia Drive be gated for emergency access only.
3. That the right of way in the amount of 60 feet north of the center line along Sullivan Road (27 feet north of the property line), a 15 foot City Easement parallel with the new right of way line along Sullivan Road, and the right of way in the amount of 50 feet west of the centerline along Randall Road (17 feet west of the property line), with a 15 foot corner-clip at Sequoia Drive, be dedicated at the time of Final Plan and Plat. Fee-in-Lieu of Sullivan Road roadway improvements will be assessed at the time of Final Plan and Plat.
4. That the storm water detention shall be provided at the time of Final Plan and Plat to meet all requirements of the stormwater ordinance. This will require that the Petitioner either coordinate with adjacent property owners, provide underground detention, or make modifications to the building and/or pavement layout to meet said stormwater detention ordinance requirements.
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit “B” Plan Description
Land Use Petition with Supporting Documents
Property Research Sheet
Letter from Seefried Industries 4/2/2015
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property from B-2 General Retail to R-5A(S) Multiple Family Dwelling, Establishing a Special Use Planned Development and Approving the Balaji Homes Condominiums Plan Description for 10.37 Acres located at Southwest corner of Sequoia Drive and Randall Road, Aurora, Illinois 60506
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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, Balaji Partners, LLC is the owner of record of the real property legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth; and
WHEREAS, Balaji Partners, LLC filed a Rezoning and Special Use petition with the City of Aurora on December 23, 2014, to amend Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to rezone the property legally described on said Exhibit “A” from R-1 Single Family Residential and B-2 General Retail to R-5A(S) Multiple Family Dwelling and authorize the use of the property for a Special Use Planned Development; and
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Aurora Planning Commission conducted a public hearing on April 8, 2015, with respect to said petition for Rezoning and a Special Use permit and found that said petition met the standards prescribed by Section 4.3.(8000) and Section 10.6 Standards of Ordinance Number 3100, being the Aurora Zoning Ordinance, and recommended CONDITIONAL APPROVAL of the Rezoning and Special Use; and
WHEREAS, the City Council, based upon the conditional recommendation and the stated standards of the Planning Commission, finds that the proposed Special Use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare, will not be injurious to the use of other property in the immediate vicinity, nor diminish or impair property values in the neighborhood and, further, the City Council finds that the granting of this Special Use will not impede normal and orderly development and improvement of surrounding property for uses permitted in the district and that adequate utilities, access roads, drainage and other facilities are being provided and that the Rezoning and Special Use will in all respects conform to the applicable regulations of the R-5A(S) Multiple Family Dwelling zoning classification except as varied herein; and
WHEREAS, the City Council, finds that the proposed Rezoning and Special Use is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance.
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 Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto be, and the same are, hereby amended to rezone the real property described in Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth herein, from B-2 General Retail to R-5A(S) Multiple Family Dwelling and a Special Use permit is hereby granted for a Special Use Planned Development.
Section Three: That this Special Use permit hereby granted is solely for the purpose of a Planned Development 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 applicant and the respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Four: That said Special Use permit is granted specifically contingent upon the following conditions:
1. That all provisions under Section IV. C MODIFICATIONS FROM THE BUILDING CODE of the Plan Description be removed as the building staff is in discussions with the petitioner regarding these modifications, any changes would require an equal or better design alternative or a decision by the Building Code Board of Appeals.
2. That the easterly access point to Sequoia Drive may remain a full access location as shown, and that the westerly access to Sequoia Drive be a right-in right-out access.
3. That the right of way in the amount of 60 feet north of the center line along Sullivan Road (27 feet north of the property line), a 15 foot City Easement parallel with the new right of way line along Sullivan Road, and the right of way in the amount of 50 feet west of the centerline along Randall Road (17 feet west of the property line) be dedicated at the time of Final Plan and Plat.
4. That the storm water detention be revised at the time of Final Plan and Plat, which will require coordination with adjacent property owners, underground detention, or modifications to the building and/or pavement layout to meet the storm water detention ordinance requirements.
5. That the entire development be within one association.
6. That no more than a maximum of 25% of the units may be rented.
Section Five: 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 plans described in Exhibit “B” the City Council shall take the necessary steps to repeal this Ordinance.
Section Five: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of R-5A Multiple Family Dwelling and upon termination of the use of said property for a Planned Development use, this Special Use permit shall terminate and the classification of R-5A Multiple Family Dwelling shall be in full force and effect.
Section Six: That this Special Use Planned Development shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Seven: That all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Eight: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Nine: 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.