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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: September 8, 2021
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Redwood of Aurora 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-4 Two Family Dwelling District for the property located north of W. Indian Trail and east of N. Randall Road (Redwood USA, LLC - 21-0468 / AU08/4-21.177-CU/Ppn/Psd - JM - Ward 6)
PURPOSE:
The Petitioner Redwood USA, LLC is requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district from R-2(C) One Family Dwelling District with a Conditional Use to R-4A (C) Two Family Dwelling District with a Conditional Use on the property located north of W. Indian Trail and east of N. Randall Road which includes a Plan Description to allow for the construction of a rental townhome community.
BACKGROUND:
The Subject Property is currently with R-2(C) One Family Dwelling District with a Conditional Use zoning, which is part of the Devonshire Conditional Use Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district from R-2(C) One Family Dwelling District with a Conditional Use to R-4A (C) Two Family Dwelling District with a Conditional Use. The details of the request include approving a Plan Description that outlines specific requirements and allows for modifications including setbacks, lot coverage, density, signage, parking and streets to allow for the development of one-story apartment townhomes. A provision is included to prevent the property from being divided and sold off separately to different owners. Language is also included that outlines requirements for the private streets and open area.
Concurrently with this proposal, the Petitioner is requesting approval of a Preliminary Plan and Plat for a rental townhome development of 50 buildings with 198 units ranging in size from 1,294 to 1,620 square feet. Each unit has two bedrooms, two bathrooms, patio, a two-car driveway, and a two-car garage. The one-story buildings will consist of six different types with varying layout and façade elements. Five of the buildings have rear-loaded garages while the remaining have front-loaded garages. The development is at 5.50 dwelling units per acre and 45% lot coverage.
The Preliminary Plan features a stormwater detention pond and a detention facility fronting on W. Indian Trail buffering the development. A large divided entrance with central median curve through the middle of the development and ends at a small private park that provides passive recreation for the residents, including a gazebo. Adjacent to the park are two central stormwater detention ponds that will provide residents views of the ponds as well as a path to walk around the ponds. Additional detention facilities are located along the east and north property line, providing some buffer between the townhomes and adjacent Golden Oaks subdivision. A trail circles through the development consisting of sidewalks abutting the private streets and paths that run around the detention facilities and connects to the bike path along W. Indian Trial Road. The internal roads will be private concrete roads with no street parking that will be enforced by the Lease Agreement and signage per the Fire Marshall. In addition to the driveways and garages, there are 73 guest parking spaces evenly distributed throughout the site.
The Preliminary Plat includes the creation of two lots that will be developed as two phases along with city easements and stormwater detention.
DISCUSSION:
Staff has reviewed the Conditional Use 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.
The property was rezoned from commercial to R-2(C) One Family Dwelling District with a Conditional Use in 2006. Two different developers begun obtaining approvals for single-family homes in 2006 and 2007, but both were unable to make the projects work, and they never proceeded to construction. The property has set vacant since. The property is adjacent to commercial to the west and multi-family apartment complex to the south. To the north and east is the Golden Oaks subdivision. The project maintains a minimum of a 35-foot setback abutting Golden Oaks along with some detention facilities to provide buffers to the single-family homes. Additional landscaping will be required at Final Plan along these areas. The building elevations included as renderings are conceptual with Elevations being approved at Final; however, staff has already worked with the petitioner to create varying facades elements for more diversity.
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 it is a very low, medium density (< 6.0 DU/acre) residential development adjacent to single-family and apartment housing, providing for diverse housing types to accommodate the needs of Aurora's population.
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 development maintains a minimum of 35 foot setback to the single-family development and will be buffered by stormwater detention and landscaping. It also allows for a transition from commercial and multi-family use to single family use. Staff notes that the developer Redwood has submitted studies showing it will not negatively impact traffic or property values.
3. The development will not impede the normal and orderly development and improvement of surrounding properties as there is substantial setbacks and buffering provided and the Traffic Study shows it will not have impact to traffic.
4. The stormwater facilities will contain the proposal’s water onsite and there is currently adequate water and sewer capacity to serve the project.
5. The project does provide adequate ingress/egress. The main access point is a two-lane entry off W Indian Trail. There is also an emergency access connecting the property to Golden Oaks subdivision. The access drive will be located opposite of the Orchard Village Apartment access. The Traffic Study provided stated that the intersections will operate at acceptable levels of service without additional improvements other than stripping the median for a left turn lane into the development, which Redwood plans on providing.
6. The Conditional Use in all other respects conforms to the applicable regulations of the R-4 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 is a medium density residential development that is adjacent to both commercial, multi-family housing, and single-family housing providing a buffer between the uses.
3. The proposal is consistent with a desirable trend of development in the area as it provides additional housing options in the area, it brings additional residential development to an area abutting commercial development, it provides new development near existing, and it provides buffers to the surrounding uses.
4. The rezoning will allow for a unique housing option not found in the area.
5. The rezoning is consistent with the existing area as it brings additional residential housing options to a property that is surrounded by a mix of land uses.
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. Staff and the developers met with the Golden Oaks Homeowner Association board who expressed support of the project. Staff and the developers followed up those discussions by attending a general meeting of the Golden Oaks Homeowner Association to discuss the project and answer any questions.
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.
12.1(3) To encourage residential development in close proximity to places of work, shopping and recreation
12.1(6) To promote the buffering of low density residential areas from high intensity uses with higher density residential when appropriate.
20.0 To insure the provision of decent housing and a quality living environment for every resident of Aurora
21.1(2) To promote a wide variety of housing types
22.1(1) To achieve appropriate zoning protection for residential areas designated in the land use plan.
23.1(3) To encourage quality design and practicable innovations in both housing structures and site
developments to encourage quality design and practicable innovations in both housing structures and site development.
23.1(10) To promote the provision of paved roads, sidewalks, utilities and other public works and improvements to each residence within the City through subdivision requirements or special assessments.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of An Ordinance Establishing a Conditional Use Planned Development, Approving the Redwood of Aurora 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-4 Two Family Dwelling District for the property located north of W. Indian Trail and east of N. Randall Road.
ATTACHMENTS:
EXHIBITS:
Exhibit A - Legal Description
Exhibit B - Plan Description
Land Use Petition with Supporting Documents
Traffic Study
Market Study
Property Research Sheet
Legistar History Report
Legistar Number: 21-0468
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 Redwood of Aurora 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-4 Two Family Dwelling District for the property located north of W. Indian Trail and east of N. Randall 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, Redwood USA, 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 June 16, 2021, Redwood USA, LLC 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 R-2(C) One Family Dwelling District with a Conditional Use to R-4A (C) Two Family Dwelling District with a Conditional Use on the property located north of W. Indian Trail and east of N. Randall 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 August 18, 2021, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on August 25, 2021, 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,
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 Devonshire Conditional Use Planned Development approved by Ordinance O06-021 on April 11, 2006 and that all ordinances and resolutions establishing the Devonshire 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 (8000) use 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 (8000) 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 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 V 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 R-2(C) One Family Dwelling District with a Conditional Use to R-4(C) Two Family Dwelling District with a Conditional Use. Upon termination of the use of said property for a Planned Development (8000) this Conditional Use permit shall terminate and the classification of R-4Two Family Dwelling District shall be in full force and effect.
Section Twelve: That this Planned Development (8000) 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 Chapter 49, being the Zoning Ordinance, and all modifications and exceptions from Chapter 43, being the Subdivision Control Ordinance, of the Code of Ordinances, City of Aurora as set forth in the Plan Description, are here by granted and approved.