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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: February 7, 2025
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Las Rosas 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, R-4 Two-Family Dwelling District, and R-2 One-Family Dwelling District for the property located at 550 2nd Avenue and 545-563 E. Benton Street (Association for Individual Development - 25-0079 / AU27/2-24.546 - CUPD/Fsd/Fpn - JM - Ward 2)
PURPOSE:
The Petitioner, Association for Individual Development, is requesting the Establishment of a Conditional Use Planned Development, and to change the zoning district from R-2 (C) One-Family Dwelling District with a Conditional Use and R-5 Multiple-Family Dwelling District to R-5 (C) Multiple-Family Dwelling District, and R-4 (C) Two-Family Dwelling District, and R-2 (C) One-Family Dwelling District all with a Conditional Use Planned Development on the properties located at 550 2nd Avenue and 545-563 E. Benton Street which includes a Plan Description to allow for the redevelopment of the current building and construction of a new building for apartments with associated offices and to continue to use the existing buildings as a religious institution and housing.
BACKGROUND:
The Subject Property includes all the parcels owned by Iglesia Evangelica Luterana San Pablo, including the existing church, the event hall, the office building, the residential house, the historic school building, and all the parking. The majority of the property is currently zoned R2(C) One Family Dwelling District with a Conditional Use for a religious institution and a school. The two-unit residential house located at 563 E. Benton Street is zoned R5 Multiple-Family Dwelling District.
The Petitioner is requesting the Establishment of a Conditional Use Planned Development, and to change the zoning to three separate zoning districts with a Plan Description outlining additional uses, variations, and additional restrictions. Parcel 1 contains the historic school building and the large parking lot and will be zoned R-5 (C) Multiple Family Dwelling District with a Conditional Use. Parcel 2 contains the church, event hall, and office building and will be zoned R-2 (C) One-Family Dwelling District with a Conditional Use. Parcel 3 contains the two-unit residential building and will be downzoned to R-4 (C) Two-Family Dwelling District with a Conditional Use.
The Plan Description for Parcel 1 allows for the conversion of the existing school building to ten apartments with the gym remaining for community space along with the retention of the existing bowling alley and some office space in the basement. In addition, it permits the construction of a new, attached building with ten units. The Plan Description allows for a minimum parking of one space per dwelling unit for the residential use and requires the developer to have a parking management plan that requires residents to have parking passes for every vehicle and cross access parking with the existing church on Parcel 2. The Plan Description for Parel 2 codifies the current uses of the church property, including religious institution, social services, and office. The downzoning of Parcel 3 reflects the current use of a two unit. The setbacks are varied to codify the current building and parking setbacks and to allow the new building to align with the existing. Some additional building code variations are also granted.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat for Las Rosas Subdivision. The details of the request include replating the existing nine lots into three lots aligning with the three zoning districts being proposed above.
The Petitioner is also requesting approval of a Final Plan for Lot 1 of Las Rosas Subdivision. The details of the request include a new attached building adjacent to the historic church building in a portion of the existing parking lot. A rear patio and walkways will be located behind the building. The remaining parking lot containing 59 parking spaces will be slightly altered with the addition of handicap spots, EV stations, and a dumpster. While much of the site is built upon, the Landscape Plan does show the addition of street trees in the parkway along 2nd Avenue, shrub beds along the front of both the new and existing building, additional shrub beds in the parking lot, and a solid 6-foot fence along the interior rear and side yards and a 4-foot ornamental metal fence along the front yard. The Elevation of the new building is compatible with the existing school and church. The building is slightly lower than the school building and is clad in a mixture of brick similar to the school and fiber cement panel siding on the front elevation with tall institutional looking ribbon windows. The rear is predominantly fiber cement.
DISCUSSION:
Staff has reviewed the Rezoning and Conditional Use Ordinance 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 project is to allow the petitioner to develop the existing building and a new addition into permanent supportive housing in the form of 20 apartment units. Each apartment will include full eat-in kitchens, full bathrooms, separate living rooms, bedrooms, and ample storage. Permanent supportive housing pairs supportive services with affordable housing. Onsite
offices will house property management and supportive services staff. The school building has an operational bowling alley in the basement that is currently open to the public and will remain. The proposal saves the historic school building from continuing to fall into disrepair and possible demolition while adding additional housing to the neighborhood on an underutilized parking lot.
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 zoning codifies how the existing church property and the existing detached house are being used. It also brings an additional housing type in a mixed-use neighborhood of commercial, institutional, and multi-family.
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 it provides additional housing options in the area, provides an additional range of housing prices, provides buffers to the surrounding uses, and reuses an underutilized historic building.
4.) Will the rezoning allow uses which are more suitable than uses permitted under the
existing zoning classification?
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 and site for single-family and the church no longer needs the building for their purposes.
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 area as it brings additional residential housing options to a mixed used neighborhood. The new addition is compatible with the character of the existing school and church.
Conditional Use Planned Development
1. Will the establishment, maintenance or operation of the conditional use be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare?
The project will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare as the development will reuse a historic building and prevent it from falling further into disrepair. The project also provides additional housing type, meeting the goal of Aurora’s Physical Development Policies of promoting a wide variety of housing types and housing in all prices ranges. It supports the City’s goal of expanding affordable housing stock and promoting the prevention and reduction of homelessness.
2. Will the conditional use be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood; factors including but not limited to lighting, signage and outdoor amplification, hours of operation, refuse disposal areas and architectural compatibility and building orientation?
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 additional residents in the area can support the surrounding church and bring additional residential units to a neighborhood. Twenty additional residential units will be less of an intense use in regard to traffic and density than the school that was previously in the building. The project substantially invests into an underutilized site and keeps it from falling further into deterioration, which should have a positive impact on property values.
3. Will the establishment of the conditional use impede the normal and orderly development and improvement of surrounding property for uses permitted in the district?
The development will not impede the normal and orderly development and improvement of surrounding properties as the majority of the development is existing and it adds fencing along interior property lines to buffer from adjacent homes. This small apartment building will create a transition from institutional and commercial uses to detached houses.
4. Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
The project will utilize existing utility connections and upgrade/upsize service as necessary. For
site drainage, the project does not need to meet any onsite stormwater detention requirements
based the site area and amount of impervious area but we will be utilizing best management
practices (BMPs) on site for stormwater mitigation and otherwise relying on the existing city
stormwater infrastructure.
5. Does the proposal take adequate measures, or will they be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets? (For automobile intensive uses including but not limited to, gas stations, car washes, and drive through facilities, the concentration of similar uses within 1000 feet of said subject property should be given consideration as to the impact this concentration will have on the traffic patterns and congestion in the area.)
The planned ingress and egress for the parking lot is on 2nd Avenue. The impact of the new housing on traffic and congestion in the neighborhood will be very slight. The petitioner is involved with many other similar developments and from their experience, they anticipate only 20-30% of tenants will use a personal vehicle. The building will be staffed with one to three people during the day with some after-hours personal care workers. Staff’s experience with similar development is also the projects have less vehicles than a standard apartment building and the one space per unit has been satisfactory in other similar projects. This likely will result in a significant decrease in vehicle traffic than the neighborhood was accustomed to as compared to the previous tenant of the San Pablo school building.
6. Does the conditional use in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the city council pursuant to the recommendations of the commission?
The Conditional Use in all other respects conforms to the applicable regulations of the zoning districts.
7. FOR HOTELS: Does the market feasibility study, that was provided to the City, include all the requisite data and demonstrate that the proposed hotel use has sufficient demand generators already in place or proposed as part of the hotel use development and other factors present, to support the economic viability of such hotel use, in order to prevent blight, excessive vacancies or obsolescence as a result of such hotel use being abandoned, after construction thereof?
N/A
8. Are the uses permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development?
The uses are necessary, desirable, and appropriate with respect to the primary purpose of the development as it allows affordable housing and other supportive uses.
9. Are the uses permitted by such exception of a nature or so located as to not exercise an undue detrimental influence on the surrounding neighborhood?
The uses are of a nature and are so located as to not exercise an undue detrimental influence on the surrounding neighborhood as the majority of the site is already existing and the addition aligns with the current building.
10. Are the use exceptions so allowed reflected by the appropriate zoning district symbols and so recorded on the zoning district map?
The exceptions so allowed are reflected by the appropriate zoning district symbols and are so recorded on the zoning district map as the apartments are being zoned R-5 Multiple-Family Dwelling District, the church and associated uses are zoned as single-family which is standard practice for neighborhood religious institutions, and the two unit is being downed zoned to R-4 Two-Family Dwelling District.
11. ONLY FOR INDUSTRIAL SITE CONDITIONAL USE PLANNED DEVELOPMENTS: In an industrial planned development, do such additional uses allowed by exceptions conform with the performance standards of the district in which the development is located?
N/A
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:
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(3) To encourage residential development in close proximity to places of work, shopping and recreation.
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 group.
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 the An Ordinance Establishing a Conditional Use Planned Development, Approving the Las Rosas 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, R-4 Two-Family Dwelling District and R-2 One-Family Dwelling District for the property located at 550 2nd Avenue and 545-563 E. Benton Street.
ATTACHMENTS:
EXHIBITS:
Exhibit A - Legal Description
Exhibit B - Plan Description
Land Use Petition with Supporting Documents
Location Map
Legistar Number: 25-0079
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 ________________
title
An Ordinance Establishing a Conditional Use Planned Development, Approving the Las Rosas 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, R-4 Two-Family Dwelling District and R-2 One-Family Dwelling District for the property located at 550 2nd Avenue and 545-563 E. Benton Street
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, Iglesia Evangelica Luterana San Pablo, 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, December 17, 2024, the Association for Individual Development 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-2 (C) One-Family Dwelling District with a Conditional Use and R-5 Multiple-Family Dwelling District to R-5 (C) Multiple-Family Dwelling District, and R-4 (C) Two-Family Dwelling District, and R-2 (C) One-Family Dwelling District all with a Conditional Use Planned Development on the properties located at 550 2nd Avenue and 545-563 E. Benton Street 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 February 5, 2025, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on February 12, 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 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: That the property legally described in Exhibit “A” is having the Conditional Use approved by Ordinance O92-028 on May 5, 1992 revoked and that all ordinances and resolutions establishing the Conditional Use, and all subsequent revisions, are hereby expressly repealed.
Section Six: 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 VI of Chapter 34 of the Code of Ordinances, City of Aurora, a Conditional Use permit is hereby granted for a Planned Development 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 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 of the Code of Ordinances, City of Aurora.
Section Eleven: 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-2(C) One-Family Dwelling District with a Conditional Use and R-5 Multiple-Family Dwelling District to R-5(C) Multiple-Family Dwelling District with a Conditional Use, R-4 (C) Two-Family Dwelling District with a Conditional Use, and R-2(C) One-Family Dwelling District with a Conditional Use. Upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of R-5 Multiple-Family Dwelling District, R-4 Two-Family Dwelling District, and R-2 One-Family Dwelling District shall be in full force and effect.
Section Twelve: That this Planned Development 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 and Building Code, as set forth in the Plan Description, are hereby granted and approved