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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: October 3, 2024
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Eola Preserve 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 and OS-1, for the Property Located at 620 North Eola Road. (Bridge Street Properties LLC - 24-0708 / NA17/3-24.134 - CUPD/Rz/Psd/Ppn - SB - Ward 7)
PURPOSE:
The Petitioner, Bridge Street Properties, LLC, is requesting the establishment of a Conditional Use Planned Development, to change the Subject Property’s existing zoning from M-1(C), Manufacturing District - Limited with a Conditional Use for a Radio Transmitting Tower, and PDD, Planned Development District, to R-4A, 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, which allow for the Subject Property to be developed as a fifty-four (54) unit townhome development with accessory detention.
BACKGROUND:
The Subject Property is approximately twenty-two (22) acres, and is partially occupied by a radio station. Approximately nineteen (19) acres of the Subject Property is zoned M-1(C), Manufacturing District - Limited with a Conditional Use for a Radio Transmitting Antenna Tower, while the remaining three (3) acres are zoned PDD, Planned Development District. The portions of the Subject Property with PDD zoning are located within the Fox Valley East development district. Aside from the existing facilities for the radio station, the property is mostly vacant. The Comprehensive Plan designates the Subject Property as a combination of Utilities, as well as Conservation / Open Space / Recreation / Drainage. The Subject Property fronts on Old Eola Rd, which is designated as a Local Street, which then connects to N Eola Rd, which is designated as Arterial. The adjacent portion of N Eola Rd is within DuPage County’s jurisdiction. Old Eola Rd and N Eola Rd are connected via Waterstone Dr, which itself crosses into the subdivision to the north of the Subject Property, Fox Valley East, Region 2, Unit 53, Phase 3.
The Petitioner, Bridge Street Properties, LLC, is requesting approval of a Conditional Use Planned Development, and to modify the existing M-1(C) and PDD, 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. The proposal includes dividing the Subject Property into two separate districts: Parcel A, which is approximately ten (10) acres, and consists of thirteen (13) lots for building pads, and two (2) HOA lots, which will all be zoned R-4A; and Parcel B, which is approximately fourteen (14) acres, and will provide one (1) lot for Stormwater Management and one (1) lot for Wetland, which will both be zoned OS-1.
Additional details of the Conditional Use Planned Development include, for Parcel A, modifications to the bulk restrictions between buildings and along the perimeter line of the subdivision, minimum dwelling standards per individual dwelling unit, and the minimum parking requirement of two enclosed parking spaces per unit. The detention pond is to be developed for drainage and is otherwise compliant with the Zoning Ordinance and other applicable city code requirements.
Concurrently with this proposal, the Petitioner is requesting approval of a Preliminary Plat & Plan. The details of the request include subdividing the Subject Property into thirteen (13) lots for building pads, and two (2) HOA lots, which will correspond to Parcel A; and, one (1) lot for Stormwater Management and one (1) lot for Wetland, which will both be zoned OS-1, and will correspond to Parcel B. Lot 16, which is located in the western roundabout of Road A, contains twenty-two (22) off-site parking spaces, and also serves as open space. The publicly dedicated Road A meets the City of Aurora’s standards for right-of-way width of sixty-six (66) feet, and a street width of thirty-one (31) feet.
Indian Prairie School District 204 has provided a letter dated April 12, 2024, which clarifies their stance on this proposal.
DISCUSSION:
Staff has reviewed the Conditional Use Planned Development and Rezoning 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 the exception of the conditions listed in the Staff Recommendation below.
The Preliminary Plan indicates the townhomes located along the perimeter of Parcel A. The minimum Front Yard setback, which is measured from the public right-of-way to the building pad lot, is twenty-five (25) feet. The minimum separation for the units on Lot 2 and Lot 3, which are the northernmost units that front on private roadway, is sixty (60) feet, Building Front to Building Front. Maintaining these setbacks maintains the Plan Description’s minimum parking requirement of two (2) driveway spaces per unit. The Preliminary Plan also maintains the Plan Descriptions requirements that a minimum of twenty (20) feet be maintained between building pad lots where utilities are present. This is required as a means for the Engineering Department’s to access the same utilities between the townhomes. The Plan Description also includes provisions that reduces the building setback to zero (0) feet within the building envelope, which is intended to clarify the townhome building is not encroaching any setbacks within the applicable lot.
Per the Plan Description, the minimum, total ground floor area for a one-story dwelling is not less than one thousand, one hundred (1,100) square feet, while the minimum, total ground floor area for a two-story dwelling is not less than one thousand, five hundred (1,500) square feet.
The Preliminary Plan shows a publicly dedicated road, shown as Road A, that extends through the middle of Parcel A and ultimately circles back so there is a single access to the Subject Property from Old Eola Rd. There are thirty-nine (39) off-site parking spaces, which are located on the HOA’s private property and will not be maintained by the City of Aurora. While the Preliminary Plan meets the minimum parking requirement of two (2) enclosed parking spaces, and two (2) driveway spaces, for each unit, the off-site parking spaces serve as additional parking spaces for visitors.
The Preliminary Plat and Plan show the townhomes placed on building pad lots. Typically, each building pad lot maintains between three (3) and five (5) units, with Lot 2 and Lot 13 as exceptions with six (6) units. The additional units maintain the Plan Description’s previously mentioned requirements for Front Yard setback and Building to Building separation. Lot 2 and Lot 13’s sixth unit also serve the additional purpose of maintaining driveway accessibility for neighboring units.
Finally, the Preliminary Plan indicates a new right-out from Old Eola Rd to N Eola Rd, and which is currently under review by the DuPage County Department of Transportation. This right-out is intended to reduce the burden of vehicles that may otherwise need to exit the Subject Property from the Waterstone Dr access. The Preliminary Plan also shows Waterstone Dr with a single lane exiting N Eola Rd towards Old Eola Rd, a single right-turn lane from Waterstone Dr to N Eola Rd, and a single left-turn lane from Waterstone Dr to N Eola Rd. These three (3) lanes all indicate a width of twelve (12) feet, as required per the DuPage County Department of Transportation. These improvements serve the purpose of mitigating traffic congestion at this intersection on Waterstone Dr
PUBLIC HEARING:
Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has received an inquiry regarding more information regarding the bulk regulations being requested.
FINDINGS OF FACT:
Staff has provided the following comments regarding the Findings of Fact for the 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 Petitioner has provided a proposal that is in accordance with all applicable, official physical development policies and other related official plans and policies of the City of Aurora.
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?
Staff feels the proposal represents 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.
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?
Staff feels the proposal is consistent with a desirable trend of development in the general area of the property in question as it is consistent with the City of Aurora’s plans and policies that indicate the R-4A zoning and townhome use typically serve as a medium density buffer between high density multi-family developments and low density single-family developments. To this point, the development’s Dwelling Units per Acre is approximately 5.5, which is slightly less than the Comprehensive Plan’s range of six (6) to twelve (12) Dwelling Units per Acre.
4) Will the rezoning allow uses which are more suitable than uses permitted under the existing zoning classification?
The rezoning allows uses which are more suitable than uses permitted under the existing zoning classification. Staff is of the opinion the townhome use is more suitable than an industrial use, which is otherwise permitted under the current M-1 zoning. In addition, the proposed townhome development is within the medium density range, thereby serving as a buffer between the high density multi-family development to the south and the low density single-family development to the north.
5) Is the rezoning a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area?
Staff feels the rezoning is a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area. The Rezoning proposal indicates a medium density residential development that maintains the residential nature of the surrounding area, which is due to the R-4A zoning, which is standard for townhome developments. The OS-1 zoning also serves the development’s stormwater detention needs, in addition to maintaining the existing wetlands, which make up the northern and western portions of the Subject Property.
Staff has provided the following comments regarding the Findings of Fact for the 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?
Staff does not feel the establishment, maintenance or operation of the conditional use will be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
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?
Staff does not feel the conditional use will be injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted, or substantially diminish and impair property values within the neighborhood. In particular addition to remaining consistent with, and even exceeding, the City’s current standard bulk regulations for a townhome development, the Petitioner has also provided a supplemental Landscape Plan that shows adequate screening where adjacent to the existing residential subdivisions. The subdivision is also located adjacent to what is otherwise considered to be the Interior Rear Yard of each of the adjacent, existing residential subdivisions.
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?
It is Staff’s opinion the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The Subject Property is the last remaining area of undeveloped land within the immediate vicinity.
4) Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
The Petitioner has provided a proposal that Staff feels provides for adequate utilities, access roads, drainage, and/or other necessary facilities. The adequate utilities, drainage, and other necessary facilities are provided and have been reviewed by the City’s Engineering Department. The Preliminary Plan also indicates the development will extend from the existing portion of Old Eola Rd, which itself branches off from N Eola Rd. The roads within the subdivision are publicly dedicated, although the street parking spaces are within the private property and will not be maintained by the City of Aurora.
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?
Staff feels the proposal takes adequate measures to provide ingress and egress, so designed to minimize traffic congestion in the public streets. This is crucial, given the existing traffic conditions on N Eola Rd, where the initial access to the Subject Property is located. As a result, the Petitioner has worked to negotiate with the DuPage Department of Transportation two solutions that will mitigate the impact of new traffic entering and exiting the Subject Property: a right-turn from the southeastern end of Old Eola Rd onto N Eola Rd will reduce the number of vehicles leaving the area on Waterstone Dr; and, a left turn lane for vehicles to exit the area and head north on N Eola Rd.
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 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.
7) Are the uses permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development?
Staff feels the uses, permitted by such exceptions, are necessary or desirable and appropriate, with respect to the primary purpose of the development.
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?
It is Staff’s opinion that the uses are permitted by such exception of a nature, and are so located as to not exercise an undue detrimental influence on the surrounding neighborhood. As previously indicated within these Findings of Fact, the development’s bulk regulations are consistent with the City’s current bulk regulations for townhome developments.
9) Are the use exceptions so reflected by the appropriate zoning district symbols and so recorded on the zoning district map?
The use exceptions are so reflected by the appropriate zoning district symbols and so recorded on the zoning district map.
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.
12.1 (3): To encourage residential development in close proximity to places of work,
shopping, and recreation.
12.1 (5): To encourage a gradation from high-density residential areas to lower density
residential areas.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the ordinance establishing a Conditional Use Planned Development, approving the Eola Preserve 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 and OS-1, for the property located at 620 North Eola Road.
ATTACHMENTS:
Exhibit "A" - Legal Description
Exhibit "B" - Plan Description
Land Use Petition and Supporting Documents
Property Parcel Maps
cc: Building, Zoning and Economic Development Committee:
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 Establishing a Conditional Use Planned Development, Approving the Eola Preserve 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 and OS-1, for the Property Located at 620 North Eola 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, Pollack Broadcasting If Il Llc & Pollack Broadcasting Of Nv, 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 Friday, March 1, 2024, Bridge Street Properties LLC filed with the City of Aurora a petition, “Requesting the establishment of a Conditional Use Planned Development and to change the underlying zoning from M-1(C), Manufacturing District - Limited with a Conditional Use for a Radio Transmitting Tower, and PDD, Planned Development District, to R-4A, 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 west of North Eola Road and north of Liberty Street” 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 October 2, 2024, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on October 9, 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 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 Fox Valley East Planned Development District, approved by O73-4330 on August 1, 1973, and that all ordinances and resolutions establishing the Eola Preserve Conditional Use Planned Development, and all subsequent revisions, 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 M-1(C), Manufacturing District - Limited with a Conditional Use for a Radio Transmitting Tower, and PDD, Planned Development District, to R-4A, 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. Upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of R-4A and OS-1 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.