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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: November 4, 2021
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the DAC Developments 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 DF Downtown Fringe District for the property located at 100 N. Broadway (DAC Developments - 21-0663 / AU22/3-21.241-CUPD/Ppn/Psd - TV - Ward 1)
PURPOSE:
The Petitioner, DAC Developments, is requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district to DF Downtown Fringe District on 1.93 acres on property located at 100 N. Broadway to allow for the construction of a new market rate 246-unit multi-story 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 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.
Concurrently with this proposal, 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.
DISCUSSION:
Staff has reviewed the Rezoning and 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, 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.
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 much needed residents to the area, improving the overall economics, and strengthen the social fabric of the downtown.
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 multi-family residential building will help promote the City's position as a regional center and will have a positive impact on local businesses and service providers which will establish the desirable quality and general livability of the City.
3. The development will not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the district as the proposal fulfills the vision by enhancing the image and physical appearance of the City's downtown.
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 utilizing an existing signalized access point at Spring Street which is shared with the property to the south. The proposed curb cut on the north portion of the property will better align with the entrance into the Roundhouse restaurant and hotel across the street. While not providing our typical two spaces per unit, staff believes that that this is a prime example of a transit-oriented development site and many of the residents will utilize the train as alternative transportation.
6. The Conditional Use in all other respects conforms to the applicable regulations of the DF 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 high-density residential development and eliminates the manufacturing zoning along the Fox River.
3. The proposal is consistent with a desirable trend of development in the area as it has long been envisioned for new high-quality residential housing which will utilize the local businesses, service providers and entertainment services in the area as well as the train station across Broadway.
4. The rezoning will allow uses that are more suitable than the existing manufacturing zoning classification as it as been the City's vison to create a vibrant riverfront community and enhance public access to the Fox River.
5. The rezoning is consistent with the existing area as it is in keeping with the Downtown 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.
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 APPROVAL of the Ordinance Establishing a Conditional Use Planned Development, Approving the DAC Developments 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 DF Downtown Fringe District for the property located at 100 N. Broadway.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Land Use Petition with Supporting Documents
Legistar Number: 21-0663
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 ________________
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An Ordinance Establishing a Conditional Use Planned Development, Approving the DAC Developments 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 DF Downtown Fringe District for the property located at 100 N. Broadway
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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 the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district to Downtown Fringe District on the property located at 100 N. Broadway 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 Aurora Planning and Zoning Commission conducted a public hearing on November 3, 2021, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on November 10, 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, 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 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 Six: That this Conditional Use permit hereby granted is solely for the purpose of 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 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 VI of Chapter 34.
Section Ten: That Ordinance Number 3100, being the Aurora 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-1”, M-1(C) Manufacturing District, General with a Conditional Use to DF(C) Downtown Fringe District with a Conditional Use Planned Development. Upon termination of the use of said property for a Planned Development (8000), this Conditional Use permit shall terminate, and the classification of DF Downtown Fringe District shall be in full force and effect.
Section Eleven: 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 Twelve: That all modifications and exceptions under the Aurora Zoning Ordinance and all modifications and exceptions from the Aurora Subdivision Control Ordinance, and all modification and exceptions from the Building Code as set forth in the Plan Description, are here by granted and approved.