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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: February 17, 2022
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Integrated Development II 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-5A on Lot 2A of the Second Resubdivision of Fox Valley East Region I Subdivision, Unit No. 1, located at the northeast corner of Fox Valley Mall, south of New York Street and west of Route 59 (Integrated Development II - 21-1030 / NA21/4-21.362-CUPD/PD/R/Ppn - TV - Ward 10)
PURPOSE:
The Petitioner, Integrated Development II, is requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district from PDD Planned Development District to R-5A District on Lot 2A of the Second Resubdivision of Fox Valley East Region I Subdivision, Unit No. 1, located at the northeast corner of Fox Valley Mall, south of New York Street and west of Route 59 to allow for the construction of a senior housing development.
BACKGROUND:
The Subject Property consists of 7.79 acres lying at the northeast corner of the Fox Valley Mall. It currently is a surface parking lot, part of which serves the Fox Valley Mall and part of which served the now demolished Sears building. The property is currently zoned PPD Planned Development District, which is part of the Fox Valley East Planned Development District.
The owner, Centennial Real Estate Company ("Centennial"), purchased the Fox Valley Mall in 2015. Then in 2018, a partnership controlled by Centennial purchased the Sears' and Carson's Site after falling into bankruptcy. Since then, Centennial has been making substantial investments essential to the Mall's revitalization including the remodeling of the mall center. In early 2021, they demolished the Sears building to make way for a future retail and residential development. In 2021, a multi-family residential development was approved by City Council and is now under construction.
Centennial has now teamed up with Integrated Development II to redevelop the Subject Property for a luxury senior housing development.
The Petitioner is requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district from PDD Planned Development District to R-5A Multiple Family Dwelling District. The details of the request include modifications to certain rules, building standards, bulk restrictions, parking requirements and building code amendment to allow for the construction of the senior development.
Concurrently with this proposal, the Petitioner is requesting approval of a Preliminary Plan. The proposal includes the construction of a 5-story senior housing building which is comprised of 108 independent living units, 84 assisted living units, and 22 memory care units. The independent living units will consist of one-bedroom or two-bedroom units, the assisted living units will consist of studios, one-bedroom or two-bedroom units and the memory care units will consist of studios including a few shared units. These units range from 302 sq. ft. to 900 sq. ft. In total, 161 parking spaces are being provided, of which 54 are enclosed spaces located underground within the building and 107 spaces are in three off-street surface parking lots.
The senior community will offer concierge living for all residents. There are several amenities within the building including a fitness center, a library, a beauty salon, social areas, different dining venues and roof garden areas. In addition, there will be walking path around the property and outdoor amenities including a pickleball court.
Stormwater management from the original Mall has already been accounted for in Spring Lake located west of Commons Drive along McCoy Drive. As a positive, the development will be decreasing the impervious area which will reduce the amount of stormwater runoff.
The Building elevations that are in the packet are conceptual. Building elevations and landscaping will be fully reviewed and approved at the time of Final Plan.
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.
Staff has been working collaboratively with the Petitioner on this development to ensure its consistency with the approved Route 59 Corridor Plan for the Fox Valley Sub-Area. The Sub-Area Plan recommends the modernization of the mall from a traditional commercial center into a mixed-use development that would include a diversity of housing options to attract new residential and provide housing opportunities in varying stages of life. This development will help reform this area to create a more walkable mixed-use development and will promote an intergenerational community within the Fox Valley Sub-area.
Staff has the following comments regarding the Findings of Facts:
Conditional Use:
1. The project will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare as the development will bring a mixture of residents to the area, improving the overall economics, and strengthen the social fabric of the Fox Valley Mall.
2. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity or diminish or impair property values as the senior housing development will help promote the Fox Valley Mall as a regional center and will have a positive impact on local businesses and service providers.
3. The development will not impede the normal and orderly development and improvement of surrounding properties as this phase will complement the retail, restaurants and will help create an intergenerational live, work and play community.
4. There is currently adequate water and sewer capacity to serve the project.
5. The project does provide adequate ingress/egress. The development will be using the existing Fox Valley Center Drive but will also be a newly created private road that will lead closer to the mall.
6. The Conditional Use in all other respects conforms to the applicable regulations of the R-5A zoning district.
Rezoning
1. Staff has noted below the physical development policies that the proposal meets.
2. The proposal does represent the logical establishment of the requested classification in considering the existing area as it allows for the residential development.
3. The proposal is consistent with a desirable trend of development in the area as the Route 59 Corridor Plan envisioned this area as a more walkable mixed-use development where residents can utilize the local businesses, service providers and entertainment services in the area.
4. The rezoning will allow uses that are more suitable than the existing PPD zoning classification as it is the City's vison to create a regional center that continues to attract residents, visitors, and businesses.
5. The rezoning is consistent with the existing area as it will not only complement the residential development to the south but also help achieve the mall's full potential as a thriving destination to shop and eat but also a sustainable place to live, work and play.
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:
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(3) To encourage new development contiguous to existing development.
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.
13.1(4) To provide for the location of high density residential, commercial, and industrial centers close to or along transportation routes designed to accommodate the movement of people and goods to and from such centers.
13.1(7) To promote mass transit stations and intensive land uses, including high-density residential complexes, to locate in relative proximity to one another so as to stimulate transit use.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the Ordinance Establishing a Conditional Use Planned Development, Approving the Integrated Development II 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-5A on Lot 2A of the Second Resubdivision of Fox Valley East Region I Subdivision, Unit No. 1, located at the northeast corner of Fox Valley Mall, south of New York Street and west of Route 59.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Land Use Petition with Supporting Documents
Aerial Map
Legistar Number: 20-1030
cc:
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 Integrated Development II 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-5A on Lot 2A of the Second Resubdivision of Fox Valley East Region I Subdivision, Unit No. 1, located at the northeast corner of Fox Valley Mall, south of New York Street and west of Route 59
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, Fox Valley Mall LLC, 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 December 14, 2021, Integrated Development II filed with the City of Aurora a petition Requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district from PDD Planned Development District to R-5A District on Lot 2A of the Second Resubdivision of Fox Valley East Region I Subdivision, Unit No. 1, located at the northeast corner of Fox Valley Mall, south of New York Street and west of Route 59 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 February 16, 2022, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on February 23, 2022, 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 V of Chapter 34 of the Code of Ordinances, City of Aurora a Conditional Use permit is hereby granted for a Planned Development use 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 use 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 V 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 PDD Planned Development District to R-5A(C) Multiple Family Dwelling District with Conditional Use. Upon termination of the use of said property for a Planned Development this Conditional Use permit shall terminate and the classification of R-5A shall be in full force and effect.
Section Eleven: That this Planned Development use 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, all modifications and exceptions from the Subdivision Control Ordinance, all modifications and exceptions from the Building Code, as set forth in the Plan Description, are here by granted and approved.