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TO: Mayor John Laesch
FROM: Planning and Zoning Commission
DATE: May 21, 2026
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Kingsley Row 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 District for the property located east of the intersection of Ogden Avenue and 75th Street (M/I Homes of Chicago, LLC - 26-0334 / NA28/1-25.228 - RZ/CUPD/Psd/Ppn - JM - Ward 8)
PURPOSE:
The Petitioner, M/I Homes of Chicago, LLC, is requesting the Establishment of a Conditional Use Planned Development, and to change the zoning district from R-5(C) Multiple-Family Dwelling District, R-5A(C) Midrise Multiple-Family Dwelling District, B-2(C) General Retail District, OS-1(C) Conservation, Open Space, and Drainage District, all with a Conditional Use for a Planned Development, to R-4A(C) Two-Family Dwelling District and OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use for a Planned Development on the property located east of the intersection of Ogden Avenue and 75th Street which includes a Plan Description to allow for the development of 185 townhomes and associated stormwater facility.
BACKGROUND:
The Subject Property is currently R-5(C) Multiple-Family Dwelling District, R-5A(C) Midrise Multiple-Family Dwelling District, B-2(C) General Retail District, and OS-1(C) Conservation, Open Space, and Drainage District all with a Conditional Use zoning, which is part of the Melody Town Center Conditional Use Planned Development.
The Petitioner is requesting the Establishment of a Conditional Use Planned Development, and to change the zoning district from R-5(C) Multiple-Family Dwelling District, R-5A(C) Midrise Multiple-Family Dwelling District, B-2(C) General Retail District, OS-1(C) Conservation, Open Space, and Drainage District, all with a Conditional Use for a Planned Development, to R-4A(C) Two-Family Dwelling District and OS-1(C) Conservation, Open Space, and Drainage District with a new Conditional Use for a Planned Development. The details of the request include a Plan Description that outlines specific requirements that are mostly consistent with Aurora’s standard bulk restrictions for townhomes. Slight modifications from our standard are to allow a side-loaded product to provide more diverse streetscape and additional product options. The other zoning parcel is OS-1 for the stormwater detention facilities.
Concurrently with this proposal, the Petitioner is requesting approval of a Preliminary Plan and Plat for Kingsley Row Subdivision for a ROW Dwelling (Party Wall) (1130) Use. The details of the request include a plan to develop the property with 39 buildings containing 185 townhomes consisting of three-story, rear-loaded home with some buildings featuring a two-story, side-loaded end cap. The units are approximately 2,200 square feet. Each unit has a two-car garage and two-car driveway with additional 37 off-street parking spaces scattered throughout the subdivision. The 66’ right-of-way with rear-loaded products allows street parking along much of the roadway.
Commons Drive will be extended through the site as a three-lane roadway that expands at each end to allow turn lanes. The intersection at Ogden Avenue will feature dedicated right and left turn lanes while the intersection at 75th Street has two duel left turn lanes. A 10-foot path runs along the east side, and a 5-foot sidewalk runs along the west side of Commons Drive. There is one full entrance to the Subdivision on Commons Drive with a right-in/right-out entrance on Ogden Avenue. Both Ogden Avenue and 75th Street will be improved with dedicated turn lanes into Commons Drive.
The Subdivision features one main circular road with alleys extending from the road to access the rear loaded garages. The interior buildings front on this main roadway with other homes fronting on Commons Drive. The subdivision is buffered from Odgen Avenue and 75th Street with a 40-foot setback that contains undulating berms along with detention facilities at the intersection of the roads and along the 75th Street.
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.
The Plat includes the creation of 185 lots for each unit, three lots for stormwater detention, and four lots for association shared space along with associated easements.
DISCUSSION:
Staff has reviewed the 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.
Over many months, the Developer worked with staff on the site layout to address traffic, circulation, and screening comments. While the Comprehensive Plan and previous plans for this site showed mixed use with commercial along Commons Drive, the location of the site makes it difficult to attract commercial development. Demand for commercial space has decreased over the years and commercial in this area is drawn to nearby Route 59. The housing demand and the major adjacent roadways lend towards a medium density residential product. To provide screening for the new residents, the concept Landscape Plan shows rows of evergreens broken by decorative shrub beds on the undulating berms along 75th Street and Ogden Avenue. In addition, the Developers are installing the extension of Commons Drive, completing a much-needed continuous north/south artery and providing residents with vehicular, pedestrian, and bicycling connections to the redeveloped mall area.
To address the City’s traffic engineer’s review of the traffic study, the Developer revised their original plan, which included adding only one entrance on Commons Drive with a second on Ogden Avenue along with additional dedicated turn lanes on Commons Drive.
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. While the Subject Property has been annexed and zoned for nearly 30 years, it remains undeveloped.
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 proposed townhomes will supplement the existing residential uses in the area and will help support the commercial and retail uses along Ogden Avenue, 75th Street, and Route 59. Kingsley Row will preserve and increase property values by developing a property which has historically been vacant and underutilized and will eliminate uncertainty with development of the Property.
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 the surrounding areas contain a variety of residential properties, including multi-family to the east, townhomes to the south, and single-family to the north.
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 connection of Commons Drive, 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?
Adequate measures will be taken to minimize traffic congestion as part of the development, Commons Drive will be completed as has always been intended for the location. The Developer revised their original plan to address city comments on the traffic study, which included adding only one entrance on Commons Drive to ensure traffic on Ogden Avenue and 75th would not be impacted. Dedicated left and right turn lanes at Commons Drive and Ogden Avenue and a dual left at 75th Street were included to address any delays at intersections.
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 similar Aurora’s standard bulk restrictions for other townhomes while also allowing an additional townhome option that creates streetscape diversity.
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 to surrounding properties, setback and berms provide a buffer to the surrounding streets, and it completes a street connection that will help traffic circulation for the surrounding neighborhoods.
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 surrounded by a variety of residential products and it provides additional housing options to support the adjacent commercial.
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 residential. The initial intent for the Property was for commercial and business uses. However, since the Property’s annexation, the Property remained vacant and undeveloped. This will bring development to the underutilized parcel.
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 property has sat vacant for 30 years. The location of the site makes it difficult to attract commercia development. Demand for commercial space has decreased over the past years and commercial in this area is drawn to nearby Route 59. The housing demand and the major adjacent roadways lend towards a medium density residential product.
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 the area contains a variety of residential housing types.
Public Input: As of the date of this memo, staff has received public inquiries requesting additional information on this petition. District 204 sent a letter stating they are neutral on the development.
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 CONDITIONAL APPROVAL of the An Ordinance Establishing a Conditional Use Planned Development, Approving the Kingsley Row 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 District for the property located east of the intersection of Ogden Avenue and 75th Street, with the following condition:
1.) That in lieu of construction of a ten-foot path along Ogden and a five-foot sidewalk along 75th Street the developer pay a cash contribution to the city of Aurora. This contribution shall be equal to the estimated construction cost of these improvements. This contribution shall be made to the City before the issuance of a site development permit for the residential property. This contribution shall be utilized by the City of Aurora for future installation of these improvements at a time decided by City staff. The estimated cost and an exhibit showing the limits of these improvements will be submitted to the City for approval.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Exhibit “B” Plan Description
Land Use Petition with Supporting Documents
Legistar History Report
Legistar Number: 26-0334
cc:
Alderman Michael B. Saville, Chairperson
Alderman Patty Smith, Vice Chairperson
Alderman Javier Bañuelos
Alderwoman Juany Garza
Alderman Will White
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development, Approving the Kingsley Row 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 District for the property located east of the intersection of Ogden Avenue and 75th Street
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, Aurora Town Center Associates, L.L.C., is the owner of record of the real estate legally described on Exhibit “A” (“Subject Property”), attached hereto and incorporated herein; and
WHEREAS, by petition dated July 30, 2025, M/I Homes of Chicago, LLC (“MI Homes”) 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-5(C) Multiple-Family Dwelling District, R-5A(C) Midrise Multiple-Family Dwelling District, B-2(C) General Retail District, OS-1(C) Conservation, Open Space, and Drainage District, all with a Conditional Use for a Planned Development, to R-4A(C) Two-Family Dwelling District and OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use for a Planned Development for the Subject Property as generally depicted on Exhibit “B” attached hereto and incorporated herein; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on May 20, 2026, reviewed the MI Homes petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on May 27, 2026, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed the MI Homes petition and the Planning and Zoning Commission’s recommendation associated therewith and held consideration of the matter under the Building, Zoning and Economic Development Committee’s jurisdiction; and
WHEREAS, on August 12, 2026, the Building, Zoning and Economic Development Committee of the Aurora City Council again reviewed the MI Homes petition, the Planning and Zoning Commission’s recommendation associated therewith, and further considered a draft Development Agreement for the Subject Property, ultimately recommending CONDITIONAL APPROVAL of the petition and the related Development Agreement, being reviewed under a separate Resolution; 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 is approved by the City Council of the City of Aurora as of the date set forth below, but that this Ordinance is expressly contingent on MI Homes’ acquisition of the Subject Property. This Ordinance shall be executed and thereafter held in escrow until such time as Developer or its assign takes title to the Subject Property as hereafter provided. If the City Clerk does not receive a Closing Notice within two hundred and forty days (240) of the City approval hereof, then this Ordinances shall be null and void as required in the Development Agreement .
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 Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, that portion of the Subject Property which is legally described in Exhibit C (“Residential Parcel”), attached hereto and incorporated herein, is hereby rezoned to R-4A Two-Family Dwelling District, and that portion of the Subject Property which is legally described in Exhibit D (“Open Space Parcel”), attached hereto and incorporated herein, is hereby rezoned to the OS-1 Conservation, Open Space, and Drainage District.
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 Subject Property.
Section Seven: The Conditional Use Planned Development herein approved in association with the related Development Agreement, approved by separate Resolution, shall govern the development and use of the Subject Property.
Section Eight: 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 Nine: That the Plan Description in the form of Exhibit “E”, attached hereto and included herein,is hereby approved with the following condition:
1.) That the developer agrees to pay a fee in-lieu of installing perimeter sidewalk and/or path along 75th Street and Ogden Avenue. The Ped Improvement Fee shall be paid in full at the time of approval of Final Engineering by the City Engineer for the final plat of subdivision. In the event that either IDOT or DuDOT requires installation of perimeter sidewalk or path along its respective right-of-way then the Ped Improvement Fee shall be reduced proportionately.
Section Ten: 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 Eleven: That future proposals for expansion or intensification of whatever kind for the Subject Property, except as provided in this Ordinance or the related Development Agreement, 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 Twelve: 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-1Conservation, Open Space, and Drainage District shall be in full force and effect.
Section Thirteen: That this Planned Development shall remain subject to compliance, except as herein modified or as set forth in the related Development Agreement, with the minimum standards of all applicable City Ordinances.
Section Fourteen: 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 or the related Development Agreement, are hereby granted and approved..