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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: February 24, 2025
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Abbey Meadows 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 and OS-1 Conservation, Open Space And Drainage for the property located on the east side of Raddant Road at Mesa Lane extended (CalAtlantic Group LLC (DBA Lennar) - 25-0152 / BA35/4-24.468 - RZ/CUPD/Ppn/Psd - JM - Ward 1)
PURPOSE:
The Petitioner, CalAtlantic Group 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 with a Conditional Use District to R-4A(C) Two-Family Dwelling District with a Conditional Use and OS-1 (C) Conservation, Open Space And Drainage with a Conditional Use District on the property located on the east side of Raddant Road at Mesa Lane extended which includes a Plan Description to allow for the development of 220 townhomes and associated stormwater facility.
BACKGROUND:
The Subject Property is currently vacant with R-1 (C) One-Family Dwelling District with a Conditional Use zoning, which is part of the Marmion Academy Conditional Use Planned Development.
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 with a Conditional Use District to R-4A(C) Two-Family Dwelling District with a Conditional Use and OS-1 (C) Conservation, Open Space And Drainage with a Conditional Use District. The details of the request include a Plan Description that outlines specific requirements that are consistent with Aurora’s standard bulk restrictions for townhomes. The second parcel will have an underlying zoning of OS-1 for the stormwater detention facility.
Concurrently with this proposal, the Petitioner is requesting to rezone approximately 0.01 acres of the property (as shown on the attached Location Map) from R-1 (C) One-Family Dwelling District with a Conditional Use to R-1 One Family Dwelling District to remove the property from the Marmion Academy Plan Description. Currently, there is a fence near the eastern property line between Marmion’s property and the Kirkland Farm subdivision; however, this fence is approximately 15 feet west of the actual property line. This rezoning is to remove the property to the east of the fence from the Marmion Academy Plan Description and not include it with the Abbey Meadows Plan Description so that the property can be individually conveyed through the Plat Act to the five abutting single-family property owners.
The Petitioner is also requesting approval of a Preliminary Plan and Plat for Abbey Meadows Subdivision for a ROW Dwelling (Party Wall) (1130) Use. The details of the request include a plan to develop the property with 43 buildings containing 220 townhomes in a mixture of two-story traditional style homes with front loaded, two-car garages and a three-story urban style home with rear entry two-car garages. The units range in size from 1,717 square feet to 1,894 square feet. Each unit has a two-car garage and two-car driveway with an additional 40 off-street parking spaces scattered throughout the subdivision.
Mesa Lane will be extended from its current stub to Raddant Road. Mesa Lane curves slightly to align with Marmion Academy Drive and widens to a larger right-of-way as it nears Raddant Road to allow for a right turn lane and a straight/left turn lane. The Plan Description prohibits parking on both sides of Mesa Lane. Raddant Road will be improved to include a northbound left turn lane into Marmion Academy and a southbound left turn lane into Mesa Lane.
Two circular roads extend off Mesa Lane, one to the north and one to the south. The traditional townhome product fronts along these roads. Private drive aisles extend off the circular roads leading to the rear of the urban townhome products The site features two small park areas for the residents. Sidewalks and private walkways circulate throughout the subdivision along with a sidewalk along Raddant Road.
The site features three detention ponds that span almost the entire length of the eastern property line providing a buffer to the neighboring subdivisions. A three-foot undulating berm spans the western and southern property lines buffering Abbey Meadows from Raddant Road and the future commercial development to the south.
The Landscape Plan and Elevations are not approved until Final, but the developers have provided drafts. The Landscape Plan is a concept and has not been updated to reflect the final layout of the site.
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.
The developers worked with staff to ensure the development was sensitive to the surrounding land uses. Mesa Lane was curved slightly so that there was not a straight road from Raddant Road to Kirk Road. The road was also widen at the intersection to provide a median and turn lanes. Mesa Lane will also be restricted from parking. The urban townhome product allows more parking along the roadways than standard townhomes, and there are additional off-street parking areas throughout. The concept Landscape Plan shows a row of evergreen and a row of canopy trees broken by decorative shrub beds along Raddant Road and to the south to provide additional buffering.
Staff has the following comments regarding the Findings of Facts:
Conditional Use Planned Development:
1. Will the establishment, maintenance or operation of the conditional use be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare?
The project will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare as the development will improve a vacant land with additional housing options for Aurora residents. Furthermore, its development will complete the transformation of a property that had been set aside for future school purposes but never utilized as such by Marmion Academy.
2. Will the conditional use be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood; factors including but not limited to lighting, signage and outdoor amplification, hours of operation, refuse disposal areas and architectural compatibility and building orientation?
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 is similar to adjacent single-family attached townhomes. The detention facility is strategically located to be adjacent to the adjacent single-family homes providing a buffer to the homes. The introduction of these new homes will continue the trend of a thriving residential community.
3. Will the establishment of the conditional use impede the normal and orderly development and improvement of surrounding property for uses permitted in the district?
The development will not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the district as it is an infill development that will continue the buildout of this greater residential neighborhood. The residential development should encourage additional development of the commercial site to the south that has yet to develop.
4. Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
There is currently adequate water and sewer capacity to serve the project. The proposed development will integrate well into the existing infrastructure, and provide the planned street extension of Mesa Lane to Raddant Road, which will improve vehicular circulation for existing residents and emergency vehicles.
5. Does the proposal take adequate measures, or will they be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets?
Proposed vehicular ingress and egress for the proposed development will extend the
existing Mesa Lane dead-end street to Raddant Road. Mesa Lane was designed to prevent a straight line to Kirk Road, will widen at the intersection to provide turn lanes, and will restrict street parking. Raddant will include turn lanes into Mesa Lane and Marmion Academy to minimize traffic congestion. The internal streets will allow street parking along with additional off-street parking spaces to address any parking concerns. The streets within the subdivision will allow for access to Kirk Road, which is a major collector roadway.
6. Does the conditional use in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the city council pursuant to the recommendations of the commission?
The Conditional Use in all other respects conforms to the applicable regulations of the various zoning districts.
7. FOR HOTELS: Does the market feasibility study, that was provided to the City, include all the requisite data and demonstrate that the proposed hotel use has sufficient demand generators already in place or proposed as part of the hotel use development and other factors present, to support the economic viability of such hotel use, in order to prevent blight, excessive vacancies or obsolescence as a result of such hotel use being abandoned, after construction thereof?
N/A
8. Are the uses permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development?
The uses are necessary, desirable, and appropriate with respect to the primary purpose of the development as it allows townhomes with Aurora’s standard bulk restrictions for other similar townhomes.
9. Are the uses permitted by such exception of a nature or so located as to not exercise an undue detrimental influence on the surrounding neighborhood?
The uses are of a nature and are so located as to not exercise an undue detrimental influence on the surrounding neighborhood as it is of a similar use, the detention facilities provide a buffer to the surrounding neighborhoods, and additional residential should should have no detrimental influence to the adjacent school.
10. Are the use exceptions so allowed reflected by the appropriate zoning district symbols and so recorded on the zoning district map?
The exceptions so allowed are reflected by the appropriate zoning district symbols as Aurora’s standard practice is to zone townhomes under R-4: Two Family Dwelling District and are so recorded on the zoning district map.
Rezoning
1. Is the proposal in accordance with all applicable official physical development policies
and other related official plans and policies of the City of Aurora?
Staff has noted below the physical development policies that the proposal meets.
2. Does the proposal represent the logical establishment and/or consistent extension of
the requested classification in consideration of the existing land uses, existing zoning
classifications, and essential character of the general area of the property in question?
The proposal represents the logical establishment and is consistent extension of the requested classification in the consideration of the existing land uses, existing zoning classifications, and character of the area as the area is adjacent to other townhomes and provides a transition from the planned commercial to the south and future development to the north.
3. Is the proposal consistent with a desirable trend of development in the general area
of the property in question, occurring since the property in question was placed in its
present zoning classification, desirability being defined as the trend's consistency with
applicable official physical development policies and other related official plans and
policies of the City of Aurora?
The proposal is consistent with a desirable trend of development in the area as the area abuts existing townhome developments and brings additional residential development to nearby commercial centers.
4. Will the rezoning allow uses which are more suitable than uses permitted under the
existing zoning classification?
The rezoning will allow for more suitable uses as the development is consistent with the surrounding areas and the property is no longer needed by Marmion Academy.
5. Is the rezoning a consistent extension of the existing land uses, existing zoning
classifications, and essential character of the general area?
The rezoning is consistent with the existing land uses, zoning classifications, and general character as the townhomes bulk restrictions are similar to the surrounding neighborhoods and are consistent with Aurora’s standards.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received public inquiries requesting additional information on this petition
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;
21.1(2) To promote a wide variety of housing type; and
21.1(3) To promote housing in all price ranges for purchase or rent.
23.1(3) To encourage quality design and practicable innovations in both housing structures and site development.
70.1 (1) To locate and direct urban growth to areas where municipal services are available or proposed.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the An Ordinance Establishing a Conditional Use Planned Development, Approving the Abbey Meadows 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 and OS-1 Conservation, Open Space And Drainage for the property located on the east side of Raddant Road at Mesa Lane extended.
ATTACHMENTS:
EXHIBITS:
Exhibit A - Legal Description
Exhibit B - Plan Description
Land Use Petition with Supporting Documents
Location Map
Legistar History Report
Legistar Number: 25-0152
cc:
Alderwoman Patty Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman Bill Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development, Approving the Abbey Meadows 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 and OS-1 Conservation, Open Space And Drainage for the property located on the east side of Raddant Road at Mesa Lane extended
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, Marmion Academy, 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 October 22, 2024, CalAtlantic Group LLC (DBA Lennar) filed with the City of Aurora a petition requesting the Establishment of a Conditional Use Planned Development, and to change the zoning district from R-1 (C) One-Family Dwelling District with a Conditional Use District to R-4A(C) Two-Family Dwelling District with a Conditional Use and OS-1 (C) Conservation, Open Space And Drainage with a Conditional Use District on the property located on the east side of Raddant Road at Mesa Lane extended 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 19, 2025, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on February 26, 2025, 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 Marmion Academy Conditional Use Planned Development approved by Ordinance Number O95-041 on June 20, 1995 and that all ordinances and resolutions establishing the Marmion Academy Conditional Use Planned Development, and all subsequent revisions, regarding this property 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 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 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 VI 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-1 (C) One-Family Dwelling District with a Conditional Use to R-4A(C) Two-Family Dwelling District with a Conditional Use and OS-1 (C) Conservation, Open Space And Drainage with a 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-4A Two-Family Dwelling District and OS-1 Conservation, Open Space And Drainage shall be in full force and effect.
Section Twelve: That this Planned Development 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 Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance and Building Code, as set forth in the Plan Description, are hereby granted and approved.