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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: December 6, 2024
SUBJECT:
An Ordinance Approving an Amendment to the Plan Description for the USAA Planned Development District, being a portion of Lot 1A of the Resubdivision of Lot One in Orchard Road Subdivision, located at 1380 N. Orchard Road and 1444 N. Orchard Road (Continental 834 Fund, LLC - 24-0924 / SG12/4-24.456 - PDD/Psd/Ppn - TV - Ward 5)
PURPOSE:
The Petitioner, Continental 834 Fund, LLC, is requesting approval of an amendment to the Plan Description for the USAA Planned Development District, being a portion of Lot 1A of the Resubdivision of Lot One of Orchard Road Subdivision, located at 1380 N. Orchard Road and 1444 N. Orchard Road for the construction of a multi-family residential development.
BACKGROUND:
The Subject Property is currently vacant land with PDD Planned Development District zoning which is part of the USAA Planned Development District. The USAA Planned Development District was established in 1989 for approximately 500 acres of land. Over the years, the USAA Planned Development District Plan Description has undergone several amendments to accommodate ongoing development.
Under the Plan Description, there are currently 8 basic land use designations which has been divided up into 19 individual parcels. The Subject Property is currently part of Parcel #6 with the land use designation of Office, Research, Light Industrial and/or Commercial. Meijer Store Limited Partnership has owned the property for at least 24 years, and has been twice fully approved for development as a Meijer store and gas station. However, Meijer has recently opted not to proceed with these plans and has decided to place the property on the market for sale.
The Petitioner is requesting approval of an amendment to the Plan Description for the USAA Planned Development District. The Plan Description amendment would add a Parcel #20 and a 9th land use designation of Multifamily Residential for a portion of Lot 1A of the Resubdivision of Lot One in Orchard Road Subdivision (Lot 1 of Springs of Aurora Subdivision as shown on the Preliminary Plat) to facilitate a multi-family residential development use on the Subject Property. Specifically, Parcel #20 will have the base standards of R-5 Multi-Family Dwelling District with certain modifications. The plan description allows for the complex to be located on a single lot with a reduced lot size and floor area ratio but requires a uniform ownership to avoid fractured ownership of individual buildings. It also required that the community includes an amenity center with an inground pool. The plan description requires that all units have an individual accessible balcony, deck, or patio and establishes higher minimum floor areas for each type of unit. In addition, it establishes parking regulations, being a residential ratio of 1.5 parking spaces per unit with 0.5 of those spaces being enclosed. The setbacks are being reduced to accommodate parking within the community and accessory structures within the rear setbacks adjacent to open space.
The remain portion of Lot 1A of the Resubdivision of Lot One in Orchard Road Subdivision (Lots 2-5 of Springs of Aurora Subdivision as shown on the Preliminary Plat) is intended to remain under Parcel #6 and the land use designation of Office, Research, Light Industrial and/or Commercial. This is the former gas station out lot. This will be developed commercially.
Concurrently with this proposal, the Petitioner is requesting approval of a revision to the Preliminary Plat for Lot 1A of the Resubdivision of Lot One Orchard Road Subdivision and establishing Springs at Aurora Subdivision. The details of the request include subdividing the property into 5 lots. Lot 1 is being proposed to be developed as a multi-family residential development. Lot 2 will remain as a future commercial site and Lot 3 will remain as the access road behind the commercial parcels along with the row of parking spaces. Lots 4 and 5 will remain detention ponds for the entire development.
The Petitioner is also requesting approval of a Preliminary Plan for Spring at Aurora Subdivision. The proposal for Lot 1 includes the construction of a 340-unit residential development with 17 two-story apartment buildings, a community clubhouse, an amenity building and 5 detached garage buildings. Each residential building consists of 20 units with 8 of the units having a one car attached garages. The complex will offer a variety of apartment sizes including 34 studios, 136 one-bedroom units, 136 two-bedroom units, and 34 three-bedroom units. These units range from 650 square feet to 1,400 square feet. A decorative metal fence is being constructed around the entire property; however, this will not be gated. The main access will be provided directly across from the signalized entrance off Orchard Road into the center. There also is a secondary access that is located in the northwest corner of the property in front of the Holiday Inn Hotel.
A total of 550 parking spaces are proposed for the residential use, including 365 surface parking spaces, 49 enclosed spaces within detached garage buildings, and 136 attached garage parking spaces are being provided throughout the site. There are additional driveway parking spaces located in front of the attached garages. These spaces are not included in the above parking count and ratio. In addition, 13 surface parking spaces are being provided for the clubhouse. The Petitioner is also maintaining and enhancing the row of parking spaces on Lot 3, for the commercial properties within the adjacent shopping center.
The community clubhouse will feature a leasing office, a 24-hour fitness center, and a swimming pool. Additionally, there will be a maintenance, car care, and package center building, which includes an ADA-compliant garage. The site will also offer two pet parks and two grilling areas for residents to enjoy.
The existing detention ponds are being modified to accommodate the stormwater for this development.
Conceptual Building and Signage Elevations and a Preliminary Landscaping Plan has been provided in the packet. The signage package includes two subdivision signs for the multi-family development which are located at the main and secondary entrance into the development. Additionally, two large development signs with room for commercial tenants will be located at the corner of Sullivan Road and at the entrance off Orchard Road into the center. The Building and Signage Elevations and Preliminary Landscaping Plan will be fully reviewed and approved during the Final Plat and Plan process.
DISCUSSION:
Staff has reviewed amendment to the Plan Description 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, with the exception of the items reflected in the conditions listed in the Staff Recommendation below.
This site has been owned by Meijer for at least 24 years, and has failed to develop it for a grocery store and gas station, despite being Final Planned in both 2001 and then with a revision in 2006. Another start up around 2017 was stalled again.
Because of the length of time that this site has been vacant, the construction of other grocery stores nearby in the interim, and the loss of other big-box retail stores over the last 15 years, Staff felt that allowing a mixed use with residential rooftops would be the highest and best use for this site. The site sits back off Orchard Road with views of the wetlands.
The City has entertained other mixed use developments, specifically at Fox Valley Mall. Staff has also heard from commercial developers that the lack of more rooftops on the far west side of town made it more difficult to attract prime commercial users. This will help with drawing new commercial/mixed-uses to the Toyota property just to the northeast, which has larger frontage and visibility to Orchard Road.
Other Springs apartment developments have been successful in this market, including a completed one just to the north in North Aurora. The out lot will remain available for commercial use drawing on it's prime location fronting on Orchard Road and the signalized access road into the center. New signage, which had always been contemplated, will also be constructed allowing for additional commercial tenant visibility.
Staff has evaluated the Findings of fact and found:
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 proposal is in accordance with the applicable official physical development policies as it provides diverse housing types and additional housing stock to accommodate the needs of Aurora’s growing population and commercial uses to support the residents of the City and surrounding areas. As stated above, this property has remained undeveloped. This amendment will facilitate development of the property.
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?
Yes, this proposal is a logically extension as the intent of the proposed amendment to re-designate the land use designation to Multifamily Residential from ORI/Commercial to facilitate development of otherwise vacant and underperforming property. Specifically, it is intended to allow for quality rental type dwelling units within developments that establish and maintain a safe and secure living environment while supporting the surrounding commercial and retail uses along Orchard Road.
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?
Yes, the proposal is a desirable trend as being a mixed-use development within in this provides diverse housing types and additional housing stock to accommodate the needs of Aurora’s growing population and commercial uses to support the residents of the City and surrounding areas.
4. Will the rezoning allow uses which are more suitable than uses permitted under the existing zoning classification?
Yes, as mentioned above, because of the length of time that this site has been vacant, the construction of other grocery stores nearby in the interim, and the loss of other big-box retail stores over the last 15 years, Staff felt that allowing a mixed use with residential rooftops would be the highest and best use for this site and will help support the existing commercial and retail uses along Orchard Road.
5. Is the rezoning a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area?
Yes, since the Property has remained vacant and undeveloped under the Property’s current land use designation as ORI/Commercial, contributing little to the community and surrounding properties, re-designating the Property for a mixed-use development with residential rooftops would be the highest and best use for this site and will help support the existing commercial and retail uses along Orchard Road.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
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.
12.01(3) To encourage residential development in close proximity to places of work, shopping and recreation.
12.01(4) To encourage high density housing at appropriate locations adjacent to commercial centers.
21.1(2) To promote a wide variety of housing types.
21.1(3) To promote housing in all price ranges for purchase or rent.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the Ordinance Approving an Amendment to the Plan Description for the USAA Planned Development District, being a portion of Lot 1A of the Resubdivision of Lot One in Orchard Road Subdivision, located at 1380 N. Orchard Road and 1444 N. Orchard Road.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description Revision
Land Use Petition and Supporting Documents
Qualifying Statement
Maps
Legistar Number: 24-0924
cc:
Alderwoman Patricia Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman William “Bill” Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Approving an Amendment to the Plan Description for the USAA Planned Development District, being a portion of Lot 1A of the Resubdivision of Lot One in Orchard Road Subdivision, located at 1380 N. Orchard Road and 1444 N. Orchard 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, Meijer Store Limited Partnership, 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, October 16, 2024, Continental 834 Fund, LLC filed with the City of Aurora a petition Requesting approval of an amendment to the Plan Description for the USAA Planned Development District, being a portion of Lot 1A of the Resubdivision of Lot One of Orchard Road Subdivision, located at 1380 N. Orchard Road and 1444 N. Orchard 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, the Plan Description established for the subject property with Ordinance O89-004 approved January 17, 1989, amended by Ordinance R1990-471 on December 18, 1990, amended by Ordinance R1992-037 on February 4, 1992, and Ordinance O1993-017 on March 16, 2024, 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, December 4, 2024, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on December 11, 2024, 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.
Section Six: 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 revised Plan Description, are here by granted and approved.