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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: August 20, 2021
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Chelsea Manor 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-4A(C) Two Family Dwelling District, and OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use Planned Development, for the property located near the Southeast Corner of South Commons Drive and Irving Road (M/I Homes of Chicago, LLC - 21-0506 / NA33/2-21.195-CUPD/Psd/Ppn/R - SB - WARD 8)
PURPOSE:
The Petitioner, M/I Homes of Chicago, LLC, is requesting the establishment of a Conditional Use Planned Development with an underlying R-4A(C), Two Family Dwelling District and OS-1(C), Conservation, Open Space, and Drainage District, along with bulk restrictions to allow for the development of 250 residential townhomes and stormwater detention.
BACKGROUND:
The Subject Property is approximately 36.3 acres of vacant land that is located near the southeast corner of South Commons Drive and Irving Road. The Comprehensive Plan designates the Subject Property as Quasi-Public. The Subject Property is presently owned by the Cavalry Temple Church, which is located directly to the east. The Subject Property was previously planned for townhomes on the northern portion, and areas for athletic activities and other uses associated with the church. Additional information the legislative history of the Subject Property can be found in the attached Property Research Sheet.
The Petitioner is requesting approval of a Conditional Use Planned Development with an underlying R-4A(C), Two Family Dwelling District and OS-1(C), Conservation, Open Space, and Drainage District with a Conditional Use Planned Development. Details of the request include two separate parcels: Parcel A, which is approximately 31.4 acres and will be developed for the proposed townhomes; and Parcel B, which is approximately 4.9 acres and will be developed for the proposed detention pond. Parcel A will correspond to the R-4A(C) zoning, which will include the residential townhomes, the circular drive, recreational space, and open space. Parcel B will correspond to the OS-1(C) zoning and will include the detention pond.
Details of this request include modifications to the bulk restriction standards between buildings and along the perimeter line of the proposed subdivision, permitted obstructions in required setback areas, and minimum dwelling standards per individual dwelling unit. Parking and loading standards include the minimum requirement of two enclosed spaces and two driveway parking spaces. The detention pond is proposed to be developed for drainage and will be developed per the OS-1 zoning district standards.
Concurrently with this proposal, the Petitioner is requesting approval of a Preliminary Plat & Plan Revision. The Preliminary Plat indicates fifty-nine (59) lots, forty-eight (48) of which will be developed for residential townhomes, and the remaining utilized for open space, recreation, and easements for stormwater management and access to Cavalry Church’s property.
The Preliminary Plan indicates that the townhomes will be situated on both sides of the drive that circles the proposed subdivision. The townhomes on the outside of the circle are shown as front-loaded units, while the townhomes on the inside of the circle drive are shown as rear-loaded units. The Preliminary Plan is also showing an approximately 2.4 acre lot within the center of the subdivision for open space and recreation. The Petitioner is also proposing two (2) access drives onto North Commons Drive: the first is located in the middle of the frontage, while the second is located near the southern portion of the Subject Property. There is also an access being proposed on the eastern frontage that allows access to Cavalry Church. The detention pond is located along the southern portion of the Subject Property and provides separation from the residential subdivision to its south.
The Petitioner is proposing a sixty-six (66) foot wide right-of-way, as well as thirty-one (31) foot wide streets, both of which are dimensions standard for a residential subdivision and allows for better parking availability on the street. The Preliminary Plan is also showing that there is adequate residential parking available to meet the minimum parking requirement of two (2) enclosed parking spaces and two driveway parking spaces, as indicated in the accompanying Plan Description. The Preliminary Plan also indicates area on the internal circular drive where on-street parking may occur. There are ninety-five (95) on-street parking spaces shown on the Preliminary Plan, although there may be other areas to accommodate additional on-street parking.
Indian Prairie School District 204 has provided a letter dated August 9, 2021 indicating their support for this proposal.
DISCUSSION:
Staff has reviewed the Conditional Use Planned Development petition and have sent comments back to the Petitioner based on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances, with exception of the items reflected in the conditions listed in the Staff Recommendation below.
Staff has provided the following comments regarding the Findings of Fact for the Conditional Use Planned Development:
1) Staff believes that the proposed Conditional Use Planned Development will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare, but will be consistent with the land use patterns and development standards of the surrounding neighborhood, which is Medium Density Residential to the north, and Low Density Residential to the west and south. Cavalry Temple Church to the east is designated as Quasi-Public, which is consistent based on the provided access to the church's campus.
2) Staff does not believe that the Conditional Use Planned Development will be injurious to the use and enjoyment of other properties in the immediate vicinity. Staff believes that the proposed Conditional Use Planned Development has been prepared as a means for these residential townhomes to be develop consistently with the residential townhomes to the north, and for the southern detention pond to provide a buffer to the single-family subdivision to the south. North Commons Drive will also allow for further separation from the single-family development to the west.
3) Staff does not believe that the proposed Conditional Use Planned Development will impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Staff believes that the Petitioner has gone to great lengths to provide a proposal that is consistent with the surrounding neighborhood.
4) Staff believes that the proposal will provide for adequate utilities, access roads, drainage and/or other necessary facilities as part of the Conditional Use. The proposal will also allow for the Conditional Use Planned Development to also comply with the applicable City review standards and processes.
5) Staff believes that the proposal takes adequate measures to provide adequate ingress and egress as a means to minimize traffic congestion in the public streets. This is evident in the Petitioner's willingness to provide a traffic study and complete the applicable review processes with City Staff to ensure the project is in compliance with the traffic demands for this area.
6) Staff believes that the Conditional Use Planned Development does, 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.
Staff has provided the following comments regarding the Findings of Fact for the Rezoning:
1) Staff has reviewed the petition and believes that the proposal is in accordance with the applicable, official physical development policies and plans of the City of Aurora.
2) Staff believes that the proposed underlying zoning change represents the logical establishment and is a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area of the property in question. The residential townhomes are consistent with the development to the north and effectively separated from the one single-family residential developments to the west and south by North Commons Drive and the detention pond.
3) Staff believes that the proposal is consistent with a desirable trend of development in the general area of the property in question, occurring since the property was placed in its present zoning classification. This residential townhome development request is similar in nature and style to the residential townhome development directly to the north.
4) Staff believes that the Rezoning will allow for uses which are more suitable than uses permitted under the existing zoning classification. The residential townhome use and detention pond uses are permitted within their respective zoning districts.
5) Staff believes that the rezoning is a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area. This is evident in the request for rezoning and accompanying Plan Description.
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 regarding this petition.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1 (3): To encourage new development contiguous to existing development.
12.1 (3): To encourage residential development in close proximity to places of
work, shopping, and recreation.
23.1 (3): To encourage quality site design and practicable innovations in both
housing structures and site developments to encourage quality site design
and practicable innovations in both housing structures and site
development.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended CONDITIONAL APPROVAL of the ordinance establishing a Conditional Use Planned Development, approving the Chelsea Manor Plan Description and Amending Chapter 49 of the Code of Ordinance, City of Aurora, by modifying the zoning map attached thereto to an underlying zoning of R4-A(C), Two Family Dwelling District, and OS-1(C), Conservation, Open Space, and Drainage District with a Conditional Use Planned Development, for the property located near the Southeast Corner of South Commons Drive and Irving Road, with the following conditions:
1) That the CC&Rs include a provision that no more than thirty (30) percent of dwelling units be licensed rental units.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Chelsea Manor Presentation
Land Use Petition and Supporting Documents
Qualifying Statement
Declaration for Chelsea Manor Townhomes
Property Research Sheet
cc: Building, Zoning, and Economic Development Committee:
Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development, Approving the Chelsea Manor 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-4A(C) Two Family Dwelling District with a Conditional Use Planned Development, and OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use Planned Development, for the property located near the Southeast Corner of South Commons Drive and Irving Road
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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, Cavalry Temple Church is the owner of record of the approximately 36 acres of real estate legally described on Exhibit “A” (the “Property”), attached hereto and incorporated herein by reference as if fully set forth; and
WHEREAS, by petition dated June 29, 2021 (the “Petition”), M/I Homes of Chicago, LLC, filed with the City of Aurora a petition concerning the Property and requesting approval of a conditional use planned development to be governed by the plan description attached hereto as Exhibit B and incorporated herein by reference as if fully set forth (the “Plan Description”), and changing the underlying zoning to R-4A(C) Two Family Dwelling District and OS-1(C) Conservation, Open Space, and Drainage District; and
WHEREAS, the Petition has been duly submitted to the Corporate Authorities of the City for review; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on August 18, 2021, reviewed the Petition and recommended CONDITIONAL APPROVAL of said Petition; and
WHEREAS, on August 25, 2021, the Building, Zoning and Economic Development Committee of the City Council reviewed said Petition and the Planning and Zoning Commission’s recommendation there and the Building, Zoning and Economic Development Committee recommended CONDITIONAL APPROVAL of said Petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning and Zoning Commission, concurs with the findings of the Planning and Zoning Commission and further 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 (“Code of Ordinances”).
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council finds as fact all of the recitals of this Ordinance and incorporates them as if fully set forth herein.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval, provided that if M/I Homes of Chicago, LLC fails acquire the Property within two hundred and seventy (270) days of the date of this Ordinance then this Ordinance shall be null and void, without further action of the Parties, and shall not thereafter be recorded against the Property.
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 Ordinance O02-115 approved on October 22, 2002 and establishing the Calvary Temple Church Conditional Use Planned Development shall be and hereby is amended by removing the Property from said Planned Development; (said Property is included within the property legally described as Parcel C as in Exhibit A to Ordinance O02-115) .
Section Six: In accordance with Section 104.3 of Chapter 49 of the Code of Ordinances, City of Aurora attached thereto, and Article VI of Chapter 34 of the Code of Ordinances a conditional use (“Conditional Use”) is hereby authorized for a Planned Development (8000) use for the real estate property legally described in Exhibit “A”.
Section Seven: That the Conditional Use hereby authorized is authorized is solely for the purpose of a Planned Development (8000) use and is subject to 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 the Conditional Use
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Section Eight: That the Plan Description is hereby approved and shall govern the Conditional Use with the following conditions:
1) That the Declaration of Covenants, Conditions and Restrictions for the Property include a provision that no more than thirty (30) percent of dwelling units be licensed rental units.
2) That, at the time of contract with a third-party homebuyer, M/I Homes of Chicago, LLC or any successor developer will provide the homebuyer a disclosure identifying that the Fire Access Lane will be utilized by Calvary Temple Church, at its sole discretion, to allow visitor access to and from Cavalry Temple Church’s property.
Section Nine: That should any of the above-stated conditions not be met or that the Property is not developed in accordance with the Condition Use herein granted, the City Council may take the necessary steps to repeal this Ordinance.
Section Ten: That future proposals for expansion or intensification of whatever kind for the Property, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Article V of Chapter 34 of the Code of Ordinances.
Section Eleven: That the Zoning Map contained in Chapter 49 of the Code of Ordinances shall be and hereby is amended to rezone that portion of the Property described in Exhibit “C” to R-4(C) Two Family Dwelling District.
Section Twelve: That the Zoning Map contained in Chapter 49 of the Code of Ordinances shall be and hereby is amended to rezone the that portion of the Property described in Exhibit D to the OS-1(C) Conservation, Open Space, and Drainage District.
Section Thirteen: That this Planned Development (8000) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Fourteen: That all modifications and exceptions from Chapters 43 and 49of the Code of Ordinances as set forth in the Plan Description, are hereby granted and approved.