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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: February 24, 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 0.01 acres of the property located on the east side of Raddant Road at Mesa Lane extended 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 (CalAtlantic Group LLC (DBA Lennar) - 25-0153 / BA35/4-24.468 - RZ/CUPD/Ppn/Psd - JM - Ward 1)
PURPOSE:
The Petitioner CalAtlantic Group LLC (DBA Lennar) is requesting to rezone approximately 0.01 acres of the property located on the east side of Raddant Road at Mesa Lane extended 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 0.01 acres of the property (as shown on the attached Location Map) 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 Abbey Meadows Plan Description so that the property can be individually conveyed through the Plat Act to the five 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 District to R-4A(C) Two-Family Dwelling District with a Conditional Use and OS-1 (C) Conservation, Open Space And Drainage with a Conditional Use District. The details of the request include a Plan Description that outlines specific requirements that are consistent with Aurora’s standard bulk restrictions for townhomes. 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 Abbey Meadows Subdivision for a ROW Dwelling (Party Wall) (1130) Use. The details of the request include a plan to develop the property with 43 buildings containing 220 townhomes in a mixture of two-story traditional style homes with front loaded, two-car garages and a three-story urban style home with rear entry two-car garages. The units range in size from 1,717 square feet to 1,894 square feet. Each unit has a two-car garage and two-car driveway with an additional 40 off-street parking spaces scattered throughout the subdivision.
Mesa Lane will be extended from its current stub to Raddant Road. Mesa Lane curves slightly to align with Marmion Academy Drive and widens to a larger right-of-way as it nears Raddant Road to allow for a right turn lane and a straight/left turn lane. The Plan Description prohibits parking on both sides of Mesa Lane. Raddant Road will be improved to include a northbound left turn lane into Marmion Academy and a southbound left turn lane into Mesa Lane.
Two circular roads extend off Mesa Lane, one to the north and one to the south. The traditional townhome product fronts along these roads. Private drive aisles extend off the circular roads leading to the rear of the urban townhome products The site features two small park areas for the residents. Sidewalks and private walkways circulate throughout the subdivision along with a sidewalk along Raddant Road.
The site features three detention ponds that span almost the entire length of the eastern property line providing a buffer to the neighboring subdivisions. A three-foot undulating berm spans the western and southern property lines buffering Abbey Meadows from Raddant Road and the future commercial development to the south.
The Landscape Plan and Elevations are not approved until Final, but the developers have provided drafts. The Landscape Plan is a concept and has not been updated to reflect the final layout of the site.
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 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 received public inquiries requesting additional information on this petition.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
12.1(9) To guide development and redevelopment into energy efficient land use patterns;
11.1(3) To encourage new development contiguous to existing development;
21.1(2) To promote a wide variety of housing type; and
21.1(3) To promote housing in all price ranges for purchase or rent.
23.1(3) To encourage quality design and practicable innovations in both housing structures and site development.
70.1 (1) To locate and direct urban growth to areas where municipal services are available or proposed.
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 0.01 acres of the property located on the east side of Raddant Road at Mesa Lane extended 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
Location Map
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 25-0153
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 0.01 acres of the property located on the east side of Raddant Road at Mesa Lane extended 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”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated Tuesday, October 22, 2024, CalAtlantic Group LLC (DBA Lennar) filed with the City of Aurora a petition requesting to rezone approximately 0.01 acres of the property located on the east side of Raddant Road at Mesa Lane extended 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, February 19, 2025, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on February 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 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.