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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: April 3, 2025
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Harvest Point 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-2 One-Family Dwelling District and OS-1 Conservation, Open Space And Drainage for the property located east of Raddant Road and north of Butterfield Road (Pulte Home Company, LLC - 25-0247 / BA35/4-24.527 - CUPD/Ppn/Psd - JM - Ward 1)
PURPOSE:
The Petitioner, Pulte Home Company, LLC, 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 to R-2(C) One-Family Dwelling District with a Conditional Use and OS-1 (C) Conservation, Open Space And Drainage District with a Conditional Use on the property located east of Raddant Road and north of Butterfield Road which includes which includes a Plan Description to allow for the development of 59 single-family homes and associated stormwater facility.
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 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 to R-2(C) One-Family Dwelling District with a Conditional Use and OS-1 (C) Conservation, Open Space And Drainage District with a Conditional Use. The details of the request include a Plan Description that outlines specific requirements and provide some exceptions to the bulk restrictions. The single-family homes will be developed under R-2 zoning with modifications to the standard bulk restriction including a slight reduction of minimum lot size, minimum lot width, and maximum lot coverage. In addition, the Plan Description requires larger minimum building size than standard R-2 and requires all buildings to have basements. The second parcel will have an underlying zoning of OS-1 for the stormwater detention facility.
Concurrently with this proposal, the Petitioner is requesting to rezone approximately 0.3 acres of the property located east of Raddant Road and north of Butterfield Road 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 Harvest Point Plan Description so that the property can be individually conveyed through the Plat Act to the abutting single-family property owners.
The Petitioner is also requesting approval of a Preliminary Plan and Plat for Harvest Point Subdivision for single-family homes. The details of the request include 59 single-family homes with units ranging in size from 1,683 to 3,160 square feet with 3-5 bedrooms. Every home will have a two-car garage and two-car driveway with an option of adding a third garage. The average lot size of 7,921 and average lot width is 59 feet.
The subdivision will be accessed by two entrances off Raddant Road aligning with the current entrances into the adjacent subdivisions. The main entrance will be at Vineyard Lane and a southbound left turn lane into the development will be installed. The interior street circles through the property at the City standard roadway size.
The site features detention ponds all along the eastern property providing a larger buffer to the adjacent Kirkland Farm subdivision. Two additional detention ponds line much of the southern boundary providing a buffer to the proposed townhome development to the south. Three outlots abut Raddant Road featuring an undulating berm along most of the frontage and a screen planting easement to buffer the rear yards of the proposed development from Raddant Road.
While not required until Final Plan and Plat, the developers have provided draft Landscape Plan and Elevations. The Landscape Plan shows heavy landscaping along Raddant Road and the eastern property.
The Preliminary Plat includes subdividing the property into 59 single-family lots, one detention lot, and two outlots along Raddant Road.
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.
The developers worked with staff to ensure the development was sensitive to the surrounding land uses. The detention ponds line the eastern property providing large buffering. The concept Landscape Plan shows heavy canopy and evergreen trees along Raddant Road broken by decorative shrub beds to provide additional buffering.
Staff has the following comments regarding the Findings of Facts:
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 improve vacant land with additional housing options for Aurora residents. While the Subject Property has been annexed and zoned for nearly 30 years, the Subject Property remains undeveloped and is no longer necessary or accretive to Marmion’s operations. The proposed development is consistent and compatible with the surrounding uses, including the Vineyards and Kirkland Farms subdivisions to the east and west and single-family home to the north. Residential development is also a natural use in close proximity to schools and existing retail and commercial uses.
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 development is similar to adjacent single-family homes. The development will improve the City’s housing stock, create new revenue streams through property, utility, and sales taxes. The development will preserve and increase property values by developing a property which has historically been vacant and will eliminate uncertainty with development of the Subject Property.
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 for uses permitted in the district as it will continue the buildout of this greater residential neighborhood. The initial intent for the Subject Property was for an abbey and secondary school, other associated school and church uses, and for agricultural. However, the Subject Property is no longer necessary to Marmion’s operations and remains undeveloped, contributing little the community. Redesignating the Subject Property for residential development will be complementary to the residential nature of the area. Stormwater detention and landscape buffers will be provided throughout and around the perimeter of the community to create the feel of a residential enclave
4. Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
There is currently adequate water and sewer capacity to serve the project. These detention facilities have been designed efficiently to provide sufficient stormwater storage for development. Sufficient access to property will be provided from the west via two access points along Raddant Road. Both entrances to the subdivision have been aligned with the access points to the west, consistent with best engineering practices.
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?
Sufficient ingress and egress access points will be provided from the west via two access points from Raddant Road. Traffic Report found that the existing roadway system will have sufficient reserve capacity to accommodate the traffic that will be generated by the proposed development and the proposed access system will adequately accommodate site-generated traffic.
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 various 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 single family homes that are consistent with the surrounding homes and consistent with the current bulk restrictions of the market.
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 it is of a similar use, the detention facilities provide a buffer to the surrounding neighborhoods, and additional residential should have no detrimental influence to the adjacent school.
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 as the bulk restrictions are similar R-2 standards.
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 area is adjacent to other single-family homes to the east and west.
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 existing single-family homes developments and brings additional residential development to nearby commercial centers.
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 development is consistent with the surrounding areas and the property is no longer needed by Marmion Academy.
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 the single-family home bulk restrictions are similar to the surrounding neighborhoods, are consistent with other recent approved subdivisions, and reflect the current market demands.
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:
12.0 To plan and provide for the growth of the City through the integration of land use patterns and functions that promote complementary interactions between different land use components.
12.1(3) To encourage residential development in close proximity to places of work, shopping and recreation.
20.0 To insure the provision of decent housing and a quality living environment for every resident of Aurora.
21.1(2) To promote a wide variety of housing types.
22.1(1) To achieve appropriate zoning protection for residential areas designated in the land use plan.
23.1(3) To encourage quality design and practicable innovations in both housing structures and site development
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the An Ordinance Establishing a Conditional Use Planned Development, Approving the Harvest Point 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-2 One-Family Dwelling District and OS-1 Conservation, Open Space And Drainage for the property located east of Raddant Road and north of Butterfield Road.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Exhibit “B” Plan Description
Land Use Petition with Supporting Documents
Location Map
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 Harvest Point 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-2 One-Family Dwelling District and OS-1 Conservation, Open Space And Drainage for the property located east of Raddant Road and north of Butterfield 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, 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, December 3, 2024, Pulte Home Company, LLC 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-1(C) One-Family Dwelling District with a Conditional Use to R-2(C) One-Family Dwelling District with a Conditional Use and OS-1 (C) Conservation, Open Space And Drainage District with a Conditional Use on the property located east of Raddant Road and north of Butterfield Road 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 March 26, 2025, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 9, 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 being removed from the Marmion Academy Conditional Use Planned Development approved by Ordinance Number 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: 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-1(C) One-Family Dwelling District with a Conditional Use to R-2(C) One-Family Dwelling District with a Conditional Use and OS-1 (C) Conservation, Open Space And Drainage. Upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of R-2 One-Family Dwelling District and OS-1 Conservation, Open Space And Drainage 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.