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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: March 7, 2025
SUBJECT:
An Ordinance Approving a Revision to the Liberty and Eola Plan Description on 5.61 Acres and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto for approximately 0.9 acres of the parcel to an underlying zoning of OS-1 Conservation, Open Space, and Drainage District Zoning for the property located at the southwest corner of Liberty Street and N. Eola Road (Eola Liberty LLC - 25-0190 / NA20/1-25.038 - CUPD/Ppn/Psd - JM - Ward 7)
PURPOSE:
The Petitioner, Eola Liberty LLC, is requesting a Plan Description Revision to the Conditional Use Planned Development on the property located at the southwest corner of Liberty Street and N. Eola Road to change approximately 0.9 acres of the property from B-2(C) General Retail District with a Conditional Use to OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use which includes combining a previous buildable lot with the adjacent detention lot.
BACKGROUND:
The Subject Property is currently vacant with B-2(C) General Retail District with a Conditional Use and OS-1(C) Conservation, Open Space, and Drainage District Zoning with a Conditional Use zoning, which is part of the Liberty and Eola Subdivision Conditional Use Planned Development.
The Petitioner is requesting a Plan Description Revision to the Conditional Use Planned Development to change approximately 0.9 acres of the property from B-2(C) General Retail District with a Conditional Use to OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use. The details of the request include changing the approved plan description from three lots zoned with underlying B-2 Business District - General Retail to two lots zoned with underlying B-2 Business District - General Retail. The previous third buildable lot will be consolidated with the stormwater detention facility and will be zoned underlying OS-1 Conservation, Open Space, and Drainage District. Upon further review, the third parcel cannot feasibly be developed; therefore, it will be consolidated with the detention lot and expand the detention.
As a reminder, in 2023, the petitioner requested the creation of the Liberty and Eola Subdivision Conditional Use Planned Development to allow for the property to be rezoned to permit the development of a single-bay car wash, future commercial development, and stormwater management. The details of the request included a Plan Description that allows for modifications to the uses and bulk restrictions. The following aspects of the Plan Description will remain. This includes allowing one Car Wash, Single-Bay (2832) use on Lot 2 while prohibiting additional uses. The minimum interior side yard setback on the western property line of Lot 1 abutting residential, was increased from 20 feet to 50 feet. The Landscaping and Screening requirements were amended to require the installation of a three-to-five-foot berm and an 8’ privacy fence along the western property line of Lot 1 at the time of development of Lot 2, being the car wash, along with the installation of the required perimeter yard and buffer yard landscaping at the time of development of Lot 2, or Lot 1 being whichever occurs first.
Concurrently with this proposal, the Petitioner is requesting approval of a revision to the Preliminary Plan and Plat for Liberty and Eola Subdivision, for a Car Wash, Single Bay (2832) Use and a future commercial building. The Preliminary Plan and Plat Revision is very similar to the original. The major change is the consolidation of the third buildable lot along Eola Road with the detention lot. The project still proposes an approximate 5,000 square foot car wash on a 69,518 square foot lot located at the corner of Liberty Street and Eola Road. A second 72,565 square foot lot is being planned for future commercial development. The car wash is in the process of being developed and will subsequently come through with a Final Plan and Plat following entitlements. The other lot noted as future only shows a hypothetical layout that maximizes potential development opportunities. Final Plans for the future lots will be required once specific projects are proposed. The third lot now consists of 94,969 square feet for stormwater detention along with a drive aisle to access the entrance on Eola.
The access remains the same with a full access off Liberty Street that is setback as far from Eola Road as possible being around 350 feet from the intersection. The second access to the site was originally approved as a full access on Eola Road but has changed to a three-quarter access. A southbound right turn lane has also been added to Eola Road.
The car wash includes three queue lanes with one additional preparation lane to the side. These lanes will merge into a single lane to enter the single-bay car wash. Cars will exit out of the car wash onto the internal drive aisle and can either go east to the vacuum spots and to the entrance on Eola Road or west towards the entrance on Liberty Street. Twenty-six vacuum stalls are provided with three employee parking spaces.
DISCUSSION:
Staff has reviewed the 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.
The Aurora Comprehensive Plan identifies this property along with the adjacent properties to the south and east abutting Eola Road as Commercial. Access points were located as far from the intersection to ensure proper traffic circulation. A left turn lane into the development was included to prevent traffic from backing up on Liberty Street and a right turn lane was included on Eola to prevent congestion on Eola.
With regards to Finding of Facts, staff notes the following:
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 revision reduces commercial uses on the overall property.
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 the proposed project abuts a major arterial that is designed for commercial development. The enjoyment of the surrounding property will be enhanced by the proposed development and adding additional open area will have no impact on surrounding properties.
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 consolidation of the lot will not impede development of surrounding properties as the access point off of Eola Road remains and there is still planned cross access between these lots and the lot to the south.
4. Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
The proposed subdivision has adequate water and sewer capacity to serve the project. The consolidation allows for additional area for stormwater detention if needed.
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.)
Removing a buildable lot will reduce the traffic congestion, which at the time of creation of the Plan Description, the Commission found that the proposal provides adequate ingress and egress designed to minimize traffic congestion on public streets.
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 OS-1 Conservation, Open Space, and Drainage District Zoning.
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?
Not applicable.
8. Are the uses permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development?
The change of zoning the parcel underlying OS-1 Conservation, Open Space, and Drainage District is necessary to allow for the development because the 0.9 acres cannot be developed and is better served as detention.
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?
Allowing additional area for stormwater detention while still retaining the cross-access aisle will have no impact on the surrounding neighborhood.
10. Are the use exceptions so allowed reflected by the appropriate zoning district symbols and so recorded on the zoning district map?
OS-1Conservation, Open Space, and Drainage District is the City’s standard zoning for non-buildable detention lots.
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?
Not applicable.
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 area is identified as commercial on the Comprehensive Plan, the surrounding properties fronting Eola Road are commercial, the site is located at the intersection of two arterials, and detention associated with the adjacent commercial is consistent with the area.
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 detention for the previously approved commercial.
4. Will the rezoning allow uses which are more suitable than uses permitted under the
existing zoning classification?
The lot is not buildable and is better utilized as stormwater detention area.
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 an extension of the existing commercial zoning on Eola as it allows additional open area and stormwater area to serve the commercial.
Public Input: 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:
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.
11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
14.1(5) To provide for the visual enhancement of the City through attractive landscaping, quality signage and diverse building design and arrangement.
31.1(3) To promote the development of commercial facilities in existing or planned commercial areas.
32.1(3) To minimize the adverse effects of commercial activity on neighboring development, particularly residential and open space areas through the provision of buffering land uses and/or screening.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the An Ordinance Approving a Revision to the Liberty and Eola Plan Description on 5.61 Acres and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto for approximately 0.9 acres of the parcel to an underlying zoning of OS-1 Conservation, Open Space, and Drainage District Zoning for the property located at the southwest Corner of Liberty Street and N. Eola Road.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Exhibit "B' Plan Description Revision
Land Use Petition with Supporting Documents
Location Map
Legistar Number: 25-0190
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 Approving a Revision to the Liberty and Eola Plan Description on 5.61 Acres and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto for approximately 0.9 acres of the parcel to an underlying zoning of OS-1 Conservation, Open Space, and Drainage District Zoning for the property located at the southwest Corner of Liberty Street and N. Eola Road
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, Eola Liberty LLC, 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 Wednesday, February 5, 2025, Eola Liberty LLC filed with the City of Aurora a petition requesting a Plan Description Revision to the Conditional Use Planned Development on the property located at the southwest Corner of Liberty Street and N. Eola Road to change approximately 0.9 acres of the property from B-2(C) General Retail District with a Conditional Use to OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use 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, the Plan Description established for the subject property with Ordinance O23-109 approved December 10, 2023 shall remain in full forth and effect with the exception of the modifications included herein as Exhibit “B”; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on Wednesday, March 5, 2025, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on March 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 approval of the revised Plan Description for the property legally described in Exhibit “A” will promote the sound Building, Zoning and Economic Development of the City, and therefore serve the best interests of the 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 revised 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.