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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: November 4, 2021
SUBJECT:
A Resolution Approving a Preliminary Plan and Plat for DAC Development Subdivision on property located at 100 N. Broadway for a Multi-Family Dwelling (1140) Use (DAC Developments - 21-0664 / AU22/3-21.241-CUPD/Ppn/Psd - TV - Ward 1)
PURPOSE:
The Petitioner, DAC Developments, is requesting approval of a Preliminary Plan and Plat for DAC Development Subdivision located at 100 N. Broadway for a multi-family residential building.
BACKGROUND:
The Subject Property is currently a parking lot owned and operated by the Dolan family with M-1(C) General Manufacturing, District with a Conditional Use zoning. This area has long been envisioned for new high-quality residential housing. The Seize the Future Master Plan branded this area the “Roundhouse Neighborhood" and identified this area along the Fox River as being a neighborhood that residents enjoy easy access to a first-class commuter facility and the exciting live performances at the new festival park (aka RiverEdge Park). In July of this year, the City Council approved a Redevelopment Agreement with DAC Developments for the construction of a new market rate 246-unit multi-story residential building.
The Petitioner is requesting approval of a Preliminary Plat and Plan. The Preliminary Plat request combines the three parcels, being 1.93 acres, into one parcel to allow for construction of the proposed building.
The Preliminary Plan proposal includes the construction of a new riverfront market rate multi-story residential building. The proposed building consists of 5 stories with a total of 246 units. The units will be a combination of studios, 1-bedrooms, 2-bedrooms, and 3-bedrooms ranging from 405 sq. ft. to 1200 sq. ft. A total of 310 parking spaces will be located within the parking garage and 4 surface parking spaces will be located near the main entrance for short-term and long-term loading. One (1) parking space will be reserved for each residential unit and the remaining 0.26 parking spaces will be reserved for guest parking.
The Petitioner is also proposing to have private amenities, including but not limited to, an outdoor pool with a patio area, bike storage and shop, coffee shop, dog lounge, meeting space, fitness room, and a private roof top deck. In addition, the Petitioner will be constructing a sidewalk to the existing bike path along the Fox River.
Concurrently with this proposal, the Petitioner is requesting the establishment of a Conditional Use Planned Development, and to change the underlying zoning district to DF Downtown Fringe District. The details of the request include the approval of a Plan Description with variations to the Zoning Ordinance and Building Code. These Zoning Ordinance variations include a modification to allow residential and accessory uses on all floors within the DF Downtown Fringe District, modifications to Building, Dwelling and Structure Standards to reduce the number of individually accessible balcony, deck, and/or patio to a minimum of 45% of dwelling units and to reduce the amount of brick required for the parking facility, and a modification to the Off-Street Parking and Loading Standards to reduce the parking requirement to 1.26 spaces per dwelling unit. The Building Code variations include a modification to reduce the isolation requirements and to reduce the percentage of masonry on the exterior building façade to 43%. There is also language in the plan description that establishes minimum floor area requirements for dwelling units, minimum setbacks, and requires a parking management plan.
DISCUSSION:
Staff has reviewed the Preliminary Plat and Plan 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, except for the items reflected in the conditions listed in the Staff Recommendation below.
Over the last year, Staff has been working collaboratively with the Petitioner on the building design, parking, infrastructure, and site layout to create a quality development project that meets both the City and Petitioner's vision for this site as this will be the first new residential building built in downtown Aurora since 2006.
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.
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.
33.1 (1) To plan for and promote the Downtown as a center for financial, institutional, governmental, office, general retail, specialized commercial, conference, hotel, residential, cultural, recreational and entertainment functions.
33.1 (5) To actively seek new office and high density residential uses to create a viable commercial market.
RECOMMENDATIONS:
Planning and Zoning Commission recommended CONDITIONAL APPROVAL of the Resolution Approving a Preliminary Plan and Plat for DAC Development Subdivision on property located at 100 N. Broadway for a Multi-Family Dwelling (1140) Use, with the following conditions:
1) That the Petitioner shall provide an Executed Plat of Easement Mylar for a fire lane easement over the private drive on the adjacent property to the south prior to or at the time of Final Plan.
2) That the Petitioner shall provide to the City a recorded copy of a cross-access easement and temporary construction easement over the private drive on the adjacent property to the south prior to or at the time of Final Plan.
3) That the Petitioner shall prepare and provide a traffic study as part of the Final Engineering Submittal at the time of Final Plan.
4) That the Petitioner shall enter into an agreement with the City for the use and maintenance of the improvements and landscaping on the adjacent City property to the west prior to or at the time of Final Plan.
5) That the proposed improvements in the Broadway right-of-way be contingent upon receiving Illinois Department of Transportation review and approval.
6) That the Petitioner receive approval from ComEd to: 1) allow the proposed building encroachment into the ComEd easement; or 2) relocate the ComEd lines and/or easement; or 3) vacate the portion of the ComEd easement where the building is encroaching. If the Petitioner cannot obtain approval from ComEd, then the building will need to be relocated so that it does not encroach within the ComEd easement.
7) That the approval be contingent upon Final Engineering Approval.
8) That the developer shall engage a third-party construction testing and inspection company to perform and report to the building official weekly Sound Transmission and Impact Insulation Class Construction detail special inspections demonstrating compliance with all STC and IIC details to achieve a wall STC design of 56 and a floor IIC design of 56.
ATTACHMENTS:
Exhibit "A-1" Preliminary Plat
Exhibit "A-2" Preliminary Plan
Land Use Petition with Supporting Documents
Legistar Number: 21-0664
cc:
Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman

CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Approving a Preliminary Plan and Plat for DAC Development Subdivision on property located at 100 N. Broadway for a Multi-Family Dwelling (1140) Use
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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, by petition dated August 18, 2021, DAC Developments filed with the City of Aurora a petition requesting approval of a Preliminary Plan and Plat for DAC Development Subdivision located at 100 N. Broadway for a multi-family residential building and related required documents as attached hereto as Exhibits "A-1" through Exhibit “A-2”; and
WHEREAS, the Planning and Zoning Commission conducted a hearing on November 3, 2021, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on November 10, 2021, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said Preliminary Plan and Plat and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, finds as facts all of the preamble recitals of this Resolution and hereby grants CONDITIONAL APPROVAL of said Preliminary Plan and Plat with the following conditions:
1) That the Petitioner shall provide an Executed Plat of Easement Mylar for a fire lane easement over the private drive on the adjacent property to the south prior to or at the time of Final Plan.
2) That the Petitioner shall provide to the City a recorded copy of a cross-access easement and temporary construction easement over the private drive on the adjacent property to the south prior to or at the time of Final Plan.
3) That the Petitioner shall prepare and provide a traffic study as part of the Final Engineering Submittal at the time of Final Plan.
4) That the Petitioner shall enter into an agreement with the City for the use and maintenance of the improvements and landscaping on the adjacent City property to the west prior to or at the time of Final Plan.
5) That the proposed improvements in the Broadway right-of-way be contingent upon receiving Illinois Department of Transportation review and approval.
6) That the Petitioner receive approval from ComEd to: 1) allow the proposed building encroachment into the ComEd easement; or 2) relocate the ComEd lines and/or easement; or 3) vacate the portion of the ComEd easement where the building is encroaching. If the Petitioner cannot obtain approval from ComEd, then the building will need to be relocated so that it does not encroach within the ComEd easement.
7) That the approval be contingent upon Final Engineering Approval.
8) That the developer shall engage a third-party construction testing and inspection company to perform and report to the building official weekly Sound Transmission and Impact Insulation Class Construction detail special inspections demonstrating compliance with all STC and IIC details to achieve a wall STC design of 56 and a floor IIC design of 56.
BE IT FURTHER RESOLVED that the City Council of the City of Aurora hereby adopts the and related required documents as attached hereto as Exhibit "A-1" Preliminary Plat and Exhibit “A-2” Preliminary Plan