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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: April 8, 2022
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the The Mews at Orchard Lake 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 Two Family Dwelling District for the property located at the southwest corner of Independence Drive and Constitution Drive (GDS Development, LLC - 22-0125 / AU18/3-22.038-CUPD/Rz/Ppn/Psd - JM - Ward 5)
PURPOSE:
The Petitioner GDS Development, LLC is requesting the Establishment of a Conditional Use Planned Development, and to change the zoning district from R-1(C) One Family Dwelling District, R-4A(C) Two Family Dwelling District, and R-5(C) Multiple-Family Dwelling District, all with a Conditional Use, to R-4A(C) Two Family Dwelling District with a Conditional Use on the property located at the southwest corner of Independence Drive and Constitution Drive which includes a Plan Description to allow for the construction of a rental townhome community.
BACKGROUND:
The Subject Property is currently zoned R-1(C) One Family Dwelling District, R-4A(C) Two Family Dwelling District, and R-5(C) Multiple-Family Dwelling District, which is part of the Orchard Lake Development 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 zoning district from R-1(C) One Family Dwelling District, R-4A(C) Two Family Dwelling District, and R-5(C) Multiple-Family Dwelling District, all with a Conditional Use, to R-4A(C) Two Family Dwelling District with a Conditional Use. The details of the request include a Plan Description that outlines specific requirements and allows modifications including setbacks, separations, density, and parking to allow for development of two-story, rental townhomes. A provision is included to prevent the property from being divided and sold off separately to different owners.
Concurrently with this proposal, the Petitioner is requesting approval of a Preliminary Plan and Plat for the Mews at Orchard Lake Subdivision for the development of three front-loaded garage buildings and 15 rear-loaded garage buildings containing a total of 102 units on 8 acres. The units range in size from 1,340 square feet to 1,740 square feet with a mixture of two and three bedrooms. The front-loaded products are on Lot 1 and feature two-car garages and driveways that come off Independence Drive. The rear of the homes features a patio and balcony with nice views of the lake. The rear-loaded products on Lot 2 are accessed by two curb cuts off Independence Drive and five curb cuts off Nelson Lane. The units have a two-car garage off interior 30’ drive aisles along with one off-street parking space per unit within private parking lots. The site contains 96 off-street parking spaces and 16 additional on street spaces on the north side of Nelson Lane. A swimming pool with patio and a club house featuring an office, exercise room, business center and recreation room provides the entrance to the development being located at the corner of Constitution Drive and Nelson Lane. A small private passive recreational park area is provided in the center of the development. Internal private sidewalks circulate throughout the development, including a walkway around the western property line, providing views of the lake. A bike path will be installed along Independence Drive to eventually connect to a future planned path the city will install on the detention pond to the north that will lead to a park. The stormwater detention for the site has mostly been provided by the existing lake but will be slightly expanded to accommodate the small increase in impervious surface.
The Preliminary Plat features the consolidation of the lots into two lots along with blanket city easements.
DISCUSSION:
Staff has reviewed the Conditional Use Ordinance - 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.
The property was zoned R-5 (C) with a Conditional Use (then called a Special Use) in 1968 for multi-family not to exceed 13 units per acre. The Conditional Use was updated in 1980 to allow R-1: One-family dwelling district along Independence Drive with the remainder staying R-5. The Conditional Use was again revised in 2005 to the current R-1(C) One Family Dwelling District, R-4A(C) Two Family Dwelling District, and R-5(C) Multiple-Family Dwelling District. The Plan Description allowed for 16 single-family homes on 3.9 acres along Independence Drive; attached single-family homes on 1.94 acres with a maximum of 30 units at the corner of Nelson and Constitution; and multi-family apartments on 2.16 acres with a maximum of 50 units along Nelson. Even with the alterations in zoning through the years, the property has sat vacant for 50 years.
The property abuts commercial to the south and office to the east with single-family homes to the north. Staff worked with the developers early in the process to front townhomes along Independence Drive facing the single-family homes and to develop a more traditional style front-loaded product on Lot 1, which also provided nice views of the lake for those renters. Staff also worked with developers to add additional parking on site to alleviate any potential parking issues along Independence Drive. Each rear-loaded unit without driveways has a two-car garage and one off-street parking space. The Plan Description outlines requirement that the property cannot be further subdivided or owned by different entities to ensure that one entity continues to own and manage the entire development and requires that garages are not be used entirely for storage. The Elevations will be approved at Final Plan but are provided for draft review to present the more contemporary look the developers are wanting to achieve.
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 medium density residential development adjacent to single-family homes 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 townhomes face Independence Drive like the adjacent single-family homes and allows for a transition from commercial to single family use. There will also be a management company enforcing the lease requirements concerning parking, trash, etc. and dealing with maintenance.
3. The development will not impede the normal and orderly development and improvement of surrounding properties as the townhomes front on Independence with substantial parking and the Traffic Study shows it will not have impact to traffic and there is adequate parking.
4. The proposal will provide adequate utilities, drainage, etc. as the current stormwater facilities will be slightly expanded to accommodate the slight increase of impervious surface and there is currently adequate water and sewer capacity to serve the project.
5. The project does provide adequate ingress/egress. The three front-loaded products have standard driveways off Independence Drive. The remainder of the development is accessed by only two curb cuts on Independence Drive and five on Nelson Drive. The Traffic Study provided stated that the roads and intersections will operate at acceptable levels of service and can accommodate the projected traffic from the development.
6. The Conditional Use in all other respects conforms to the applicable regulations of the R-4(A) 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 commercial 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 residential and commercial development, and it provides buffers to the surrounding uses.
4. The rezoning will allow for more suitable uses as it is a unique housing option of rental townhomes 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: As of the date of this memo, staff has received public inquiries requesting additional information on this petition. The developers met with the neighbors 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:
12.1(9) To guide development and redevelopment into energy efficient land use patterns;
11.1(3) To encourage new development contiguous to existing development;
12.1(6) To promote the buffering of low density residential areas from high intensity uses with higher density residential when appropriate;
21.1(2) To promote a wide variety of housing type; and
31.1(8) To (promote/encourage) higher density residential uses in and around developing regional, community and neighborhood commercial centers so as to enhance their vitality and to conserve energy.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the An Ordinance Establishing a Conditional Use Planned Development, Approving the The Mews at Orchard Lake 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 Two Family Dwelling District for the property located at the southwest corner of Independence Drive and Constitution Drive.
ATTACHMENTS:
EXHIBITS:
Exhibit A - Legal Description
Exhibit B - Plan Description
Land Use Petition with Supporting Documents
Property Research Sheet & Maps
Legistar History Report
Legistar Number: 22-0125
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 The Mews at Orchard Lake 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 Two Family Dwelling District for the property located at the southwest corner of Independence Drive and Constitution Drive
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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, ColeTaylor Bank Tr#94-6158, 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 February 14, 2022, GDS Development, 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-1(C) One Family Dwelling District, R-4A(C) Two Family Dwelling District, and R-5(C) Multiple-Family Dwelling District, all with a Conditional Use, to R-4A(C) Two Family Dwelling District with a Conditional Use on the property located at the southwest corner of Independence Drive and Constitution Drive 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 April 6, 2022, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 13, 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: That the property legally described in Exhibit “A” is being removed from the Orchard Lake Development Conditional Use Planned Development approved by Ordinance O05-049 on April 12, 2005 and that all ordinances and resolutions establishing the Orchard Lake Development 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 V 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