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TO: Mayor and City Council
FROM: Planning and Zoning Commission
DATE: May 14, 2025
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development at 1231 Mitchell Road, to be incorporated under the existing Aurora Turners Plan Description, under Parcel A, and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to, to an underlying zoning of B-2 Business District - General Retail (Turn-Verein Frisch-Auf Corporation (dba Aurora Turners Club) - 25-0422 / AU10/4-25.102-A/RZ/CUPD - TV - Ward 1)
PURPOSE:
The Petitioner, Aurora Turners Club is requesting the Establishment of a Conditional Use Planned Development on the property located at 1231 Mitchell Road, to be incorporated under the existing Aurora Turners Conditional Use Planned Development and to change the underlying zoning to B-2 Business District, General Retail.
BACKGROUND:
The Subject Property, located at 1231 Mitchell Road, is currently situated in unincorporated Kane County and is zoned F Farming District. The Aurora Turner Club owns several parcels within this area including 1215 Mitchell Road and 500 E. Indian Trail.
There are four related petitions currently under review and being processed concurrently through separate actions:
1) Annexation - This petition pertains exclusively to the property located at 1231 Mitchell Road.
2) Rezoning and Conditional Use Planned Development - This action is also specific to 1231 Mitchell Road.
3) Plat of Vacation - This applies to a portion of High Street, situated north of E. Indian Trail.
4) Final Plat - This petition encompasses 1231 Mitchell Road, 1215 Mitchell Road, and 500 E. Indian Trail.
The Petitioner is requesting a Rezoning and Conditional Use Planned Development. The details of the proposal include incorporating 1231 Mitchell Road into the existing Aurora Turners Conditional Use Planned Development and rezoning the property from underlying R-1 One Family Dwelling District to B-2 Business District, General Retail.
Concurrently with this proposal, the Petitioner is requesting the annexation of the 0.3 acre property into the City of Aurora for 1231 Mitchell Road. The site currently contains a single-family residence and is proposed to be annexed into the City of Aurora with R-1 One Family Dwelling District zoning.
Along with this proposal, the City of Aurora is requesting to vacate a portion of the High Street right-of-way north of E. Indian Trail. Due to recent development activity in unincorporated Kane County, this has led the City of Aurora to determined that the extension is no longer feasible or necessary. Upon vacation, the land will be conveyed back to the Aurora Turners Club in accordance with standard regulations.
Lastly, the Petitioner is requesting approval of a Final Plat for the properties located at 1231 Mitchell Road, 1251 Mitchell Road, and 500 E. Indian Trail. The request includes the consolidation of the vacated portion of High Street and four existing lots into two new lots. Lot 1 will consist of the property with the existing house, which is proposed to be demolished, the vacant parcel at 1215 Mitchell Road, and the western half of the vacated High Street. This lot is intended to be sold for future commercial development. Lot 2 will include the eastern half of the vacated High Street and 500 E. Indian Trail, which is currently utilized by the Aurora Turner Club for recreational purposes.
DISCUSSION:
Staff has reviewed the Rezoning and Conditional Use Planned Development petition and has found that this will not have any negative impacts as this zoning is an extension of the zoning on the adjacent property.
Staff has evaluated the proposal with respect to the Findings of Fact and has found the following:
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?
The proposed zoning is in accordance with the applicable official physical development policies as it promotes the development of commercial uses in planned commercial areas as this area is designated Commercial on City of Aurora's Comprehensive Plan.
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 proposed zoning does represent a logical establishment of commercial zoning as this is an extension of the commercial zoning from the south and west. In addition, the property to the east is also commercially zoning.
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 proposed zoning is consistent with the desirable development in the general area and is in accordance with the applicable official physical development policies as it promotes the development of commercial uses in planned commercial areas as this area is designated Commercial on City of Aurora's Comprehensive Plan.
4. Will the rezoning allow uses which are more suitable than uses permitted under the existing zoning classification?
The proposed zoning will allow for commercial uses which is more suitable than the existing zoning classification, as it represents an extension of the existing commercial zoning located to the south and east of the subject property.
5. Is the rezoning a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area?
The proposed zoning is consistent with the zoning to the south, east and west and is in keeping with the general character of the area.
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 establishment of this commercial zoning designation is not anticipated to be detrimental to the surrounding area, as it represents an extension of the existing commercial zoning located to the south and east of the subject property. This will effectively square off the parcel and provide additional frontage along Mitchell Road, facilitating improved access and development potential.
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?
No, the conditional use will not be injurious to the use and enjoyment of other properties in the area as it is consistent will the adjacent zoning to the south, east, and west. The property to the north is residential in unincorporated Kane County, however, it appears that they are also running a business from the house.
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 establishment of the conditional use will not impede the normal and orderly development or the surrounding area as this zoning is consistent with surrounding properties.
4. Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
There are adequate utilities adjacent to this site. This site will have access to Mitchell Road and the signalized intersection Indian Trail and High Street.
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 property is not being developed at this time, however, site will have access to Mitchell Road and the signalized intersection Indian Trail and High Street which should minimize traffic congestion.
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?
Yes, the proposal complies with all other respects of the B-2 zoning regulations.
7. Are the uses permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development?
Yes, the permitted uses are desirable as this is a commercial area and is consistent with the properties to the south, east, and west.
8.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 commercial uses are not anticipated to be detrimental to the surrounding area, as it represents an extension of the existing commercial zoning located to the south and east of the subject property.
9. Are the use exceptions so allowed reflected by the appropriate zoning district symbols and so recorded on the zoning district map?
Yes, the uses are reflected by the appropriate zoning symbol and shown on the map.
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:
14.01(4) To encourage quality site design throughout the City of Aurora
31.0 To promote and plan for the location of commercial centers, based on their functions and interrelationships, in order to provide a balanced distribution of commercial facilities that are conveniently accessible to all segments of the population.
31.1(3) To promote the development of commercial facilities in existing or planned commercial areas.
32.0 To enhance the positive and minimize the negative impacts and relationships that the location, design and appearance of commercial activities have on traffic patterns and on the stability and vitality of surrounding neighborhoods, other commercial centers, and the City as a whole.
32.01(1) To discourage new strip commercial development and prevent the intrusion of inappropriate commercial activity into residential areas by providing for the clustering of commercial activities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the Ordinance Establishing a Conditional Use Planned Development at 1231 Mitchell Road, to be incorporated under the existing Aurora Turners Plan Description, under Parcel A, and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to, to an underlying zoning of B-2 Business District - General Retail
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description Reference
Land Use Petition and Supporting Documents
Maps
Legistar Number: 25-422
cc:
Alderman Michael Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Javier Bañuelos
Alderwoman Juany Garza
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development at 1231 Mitchell Road, to be incorporated under the existing Aurora Turners Plan Description, under Parcel A, and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to, to an underlying zoning of B-2 Business District - General Retail
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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, Turn-Verein Frisch-Auf Corporation (dba Aurora Turners Club), 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 March 26, 2025, Turn-Verein Frisch-Auf Corporation (dba Aurora Turners Club) filed with the City of Aurora a petition requesting the Establishment of a Conditional Use Planned Development on the property located at 1231 Mitchell Road, to be incorporated under the existing Aurora Turners Conditional Use Planned Development, under Parcel A, and to change the underlying zoning to B-2 Business District, General Retail as reference in 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 May 21, 2025, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on May 28, 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.
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 as reference in 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 unincorporated to B-2(C) Business District - General Retail 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 B-2 Business District - General Retail 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, as set forth in the Plan Description, are hereby granted and approved.