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TO: Mayor John Laesch
FROM: Planning and Zoning Commission
DATE: April 23, 2026
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the 1449 Senior Estates Phase 2 Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to a 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 south of Jericho Road between Jericho Circle and Athena Road (Northern Lights Development Corp - / AU29/3-26.085 - AA/A/CUPD/Psd/Ppn - AM - Ward 5)
PURPOSE:
The Petitioner, Phillip Cocomise being the owner of records, Northern Lights Development Corporation being the contract purchaser, and AHDVS being the land developer are requesting the Establishment of a Conditional Use Planned Development, pursuant to an Annexation Agreement, with an underlying R-4A Two-Family Dwelling District and OS-1 Conservation, Open Space and Drainage zoning district on the property located on Jericho Road between Jericho Circle and Athena Road that includes a Plan Description to allow the development of 1449 Senior Estates Subdivision, Phase 2, which entails the construction of a 54-unit, age-restricted (62+) independent senior living rental community..
BACKGROUND:
The Subject Property is currently vacant land with unincorporated, Kane County zoning. Immediately to the east is the 1449 Senior Estates development
The Annexation Agreement, Annexation, Conditional Use Planned Development, and Preliminary Plat and Plan are being reviewed and approved concurrently under separate actions.
The Petitioner is requesting the Establishment of a Conditional Use Planned Development, pursuant to an Annexation Agreement, with R-4A(C) Two-Family Dwelling District and OS-1(C) Conservation, Open Space and Drainage District with a Conditional Use Planned Development zoning. The details of the request include approving a plan description that outlines specific requirements and allows for modifications including lot size, setback, minimum building standards, and parking requirements to allow for the development of affordable senior rental community.
Concurrently with this proposal, the Petitioner is requesting approval of an Annexation Agreement and subsequent Annexation for 13.74 acres located south of Jericho Road, between Jericho Circle and Athena Road for 1449 Senior Estates Subdivision, Phase 2 Development. The details of the request include an Annexation Agreement outlining responsibilities of the developer, responsibilities of the City, proposed zoning, roadway requirements by the developer, roadway requirements by the developer, and utilities.
Also, the Petitioner is requesting approval of a Preliminary Plat and Plan for 1149 Senior Estates Subdivision, Phase 2. The details of the Preliminary Plat request include the creation of a 26-lot subdivision along with the dedication of a 66' internal public right of way, 40' dedication along Jericho Road and the dedication of several easements.
The details of the request for the Preliminary Plan include the development of 54-unit, age-restricted (62+) independent senior living rental community. Fifty (50) units will be developed in the first phase with the remaining four (4) units in phase 2. The project entails new construction of duplex and triplex homes of which forty-three (43) units will feature one-bedroom, and seven (7) units will feature two-bedroom homes. Each home will be built environmentally consciously adhering to environmental standards certified through the U.S. Green Building Council (USGBC) Leed Platinum. Residents will be provided with durable materials designed for comfort, hard wire for internet and cable connections, ceiling fans, and attached garages. The exterior of each home will include premium vinyl siding with brick accents.
This Phase will be connected to Phase 1 through a pathway to allow residents to utilize the clubhouse located within 1449 Senior Estates Phase 1. Lot 24 will be utilized for recreational use for their residents.
The Annexation Petition for this property will be on next Building, Zoning and Economic Development Committee agenda along with the Petitions above.
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.
While the Comprehensive Plan designates the Subject Property for Industrial and Conservation Open Space, Recreation, Drainage, this rezoning to multifamily residential development represents the highest and best use of the property.
This reclassification addresses current economic trends and demand for diverse housing options. This area has evolved since the 1984 designation to more of a residential area and no longer aligns with the comprehensive plan designation. By rezoning this property to residential use, the site will better align with the surrounding character of the area.
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 from the Oswego Fire Protection District Fire Station #3, and a neighboring residents requesting additional information on this petition.
In addition, Staff has evaluated the proposal based on the Findings of Fact and have found the following:
Conditional Use
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?
No, the development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare as it will actively contribute to the health, welfare, and safety of the residents and the surrounding neighborhood by providing diverse housing types to accommodate the needs of Aurora's population.
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 development will not be injurious to the use and enjoyment of surrounding properties in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values as the property is adjacent to a similar use to the east along with other residential properties along Jericho Road.
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?
No, the establishment of the conditional use for the Fourteen Forty-Nine Senior Estates Phase 2 is not expected to impede the normal and orderly development of the surrounding property as the surrounding properties are developed with residential uses. It is also expected to enrich the diversity of housing choices, contributing to the health, welfare, and safety of residents.
4. Will the proposal provide for adequate utilities, access to roads, drainage, and/or other necessary facilities as part of the conditional use?
The proposed development provides for all necessary infrastructure and implementing comprehensive site improvements, including the dedication of right-of-way along Jericho Road and the installation of stormwater detention systems designed to meet all City of Aurora requirements.
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.)
To minimize traffic congestion, the proposal includes two entrances off Jericho Road that are over 350 feet apart allowing traffic to easily enter and exist onto Jericho Road. The internal path will allow residents to access Phase 1 without driving onto Jericho Road.
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 proposed development is designed to conform to all applicable regulations of the R-4A Two-Family Dwelling and OS-1 Conservation districts, with any necessary deviations to be addressed through the Establishment of a Conditional Use Planned Development.
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?
While the Comprehensive Plan designates the Subject Property for Industrial and Conservation Open Space, Recreation, Drainage, this rezoning to multifamily residential development represents the highest and best use of the property. This reclassification addresses current economic trends and demand for diverse housing options. This area has evolved since the 1984 designation to more of a residential area and no longer aligns with the comprehensive plan designation. By rezoning this property to residential use, the site will better align with the surrounding character of the area.
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?
This area has evolved since the 1984 designation to more of a residential area. By rezoning this property to residential use, the site will better align with the surrounding character of 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 desirable trend of development in the area as the adjacent property to the east is a similar age-restricted development and the other properties along Jericho Road are residential houses.
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.
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 majority of the surrounding area are zoned residential and the general character is residential neighborhoods.
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.
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 promote complementary interactions between different land use components.
21.01(1) To promote access to housing opportunities for all economic, racial, religious, ethnic and age groups.
21.01(2) To promote a wide variety of housing types.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of An Ordinance Establishing a Conditional Use Planned Development, Approving the 1449 Senior Estates Phase 2 Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to a 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 south of Jericho Road between Jericho Circle and Athena Road.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Land Use Petition with Supporting Documents
Location Map
Legistar Number:26-0246
cc:
Alderman Michael Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Javier Bañuelos
Alderwoman Juany Garza
Alderman Will White
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development, Approving the 1449 Senior Estates Phase 2 Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to a 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 south of Jericho Road between Jericho Circle and Athena 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, Phillip Cocomise is the owner of record, Northern Lights Development Corporation is the contract purchaser, and AHDVS is the land developer 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 February 27, 2026, Northern Lights Development Corporation filed with the City of Aurora a petition requesting the Establishment of a Conditional Use Planned Development, pursuant to an Annexation Agreement, with an underlying R-4A Two-Family Dwelling District and OS-1 Conservation, Open Space and Drainage zoning district on the property located on Jericho Road between Jericho Circle and Athena 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 April 22, 2026, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 29, 2026 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: 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 Six: 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 Seven: 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 Eight: 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 Nine: 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 Ten: 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 One-Family Dwelling District to R-4A(C) Two-Family Dwelling District and OS-1(C) Conservation, Open Space and Drainage District with a Conditional Use Planned Development zoning. Upon termination of the use of said property for a Planned Development (8000) this Conditional Use permit shall terminate, and the classification of R-4A Two-Family Dwelling District and OS-1 Conservation, Open Space and Drainage District shall be in full force and effect.
Section Eleven: That this Planned Development shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Twelve: 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.