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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: August 6, 2015
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property from R-1(S) One Family Dwelling to R-1(S) One Family Dwelling District, R-5(S) Multiple Family Dwelling District and OS-1(S) Conservation, Open Space, and Drainage District, and Establishing a Special Use Planned Development and Approving the Bickford of Aurora Plan Description for 9.026 Acres located at southwest corner of Orchard Road and Galena Boulevard. (NHI-Bickford RE. LLC - L15-00498 / SG24/2-14.350-Su/Ppn/Psd - TV - WARD 5)
PURPOSE:
The Petitioner, NHI-Bickford RE. LLC, is requesting approval of a Special Use Planned Development on the property located at the southwest corner of Orchard Road and Galena Boulevard to change the underlying zoning from R-1(S) One Family Dwelling District to R-1(S) One Family Dwelling District, R-5(S) Multiple Family Dwelling District and OS-1(S) Conservation, Open Space, and Drainage District.
BACKGROUND:
The Subject Property is located at the southwest corner of Orchard Road and Galena Boulevard, adjacent to the Cherry Hill single-family residential Subdivision, and is currently vacant with R-1(S) One Family Dwelling zoning for a church and school site.
The Rezoning and Special Use Permit being proposed does include variations from provisions of the R-5 and R-1 Dwelling Districts of the Aurora Zoning Ordinance. The variations to the R-5 Dwelling District provisions include: the limitation of permitted uses to housing for the elderly (1200) only; the reduction of the dwelling units' floor area minimum to 300 square feet from 480 square feet; and an increase in the maximum the lot coverage allowed to 50% from 40%. The variation to the R-1 Dwelling District provisions include: the modification to the Building, Dwelling, and Structure Standards to require first floor master bedrooms in all dwellings.
There is a separate action being reviewed and approved concurrently, which is the Preliminary Plan and Plat. That proposal includes an assisted living facility on the northerly most portion of the Subject Property, 5 single family lots to the south of that on the western property line, and stormwater management facilities on the remaining property. The assisted living facility consist of a 38,000 square foot building proposed to have a total of 60 units (44 units being assisted living and 16 units being for memory care). There is a total of 41 parking spaces, which meets the City's requirements. Access to the site, as shown on the plan, is from a right-in right-out off of Orchard Road to the east, a full access to Cherry Tree Drive to the northwest, and a full access to Downer Place to the southwest. The Petitioner is dedicating 15 feet of right-a-way along Orchard Road at the request of Kane County Transportation Department. The 5 single family lots will be developed as age targeted units with required first floor master bedrooms. Stormwater management and compensatory storage is being provided in the three detention ponds as shown on the southern portion of the site.
Building elevations have been included by the Petitioner in the packet for information purposes only. Building Elevations are not subject to review and approval at this time, the elevations will be reviewed and approval at time of Final Plan and Plat.
DISCUSSION:
Staff has reviewed the Rezoning and Special Use petition submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
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 and raising concerns regarding stormwater management and flooding.
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.
11.0 To guide the growth of the City in an orderly and structured manner.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1(3) To encourage new development contiguous to existing development.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.
22.1(2) To protect designated areas of existing conventional single-family development from inappropriate highly intensive land uses.
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property from R-1(S) One Family Dwelling to R-1(S) One Family Dwelling District, R-5(S) Multiple Family Dwelling District and OS-1(S) Conservation, Open Space, and Drainage District, and Establishing a Special Use Planned Development and Approving the Bickford of Aurora Plan Description for 9.026 Acres located at southwest corner of Orchard Road and Galena Boulevard.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: L15-00498
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property from R-1(S) to R-1(S), R-5(S) and OS-1(S), and Establishing a Special Use Planned Development and Approving a Plan Description for 9.026 Acres located at southwest corner of Orchard Road and Galena Boulevard.
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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, PINNACLE CAPITAL AURORA, LLC is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated June 2, 2015, NHI-Bickford RE. LLC filed with the City of Aurora a petition requesting approval of a Special Use Planned Development on the property located at the southwest corner of Orchard Road and Galena Boulevard and to amend Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to change the underlying zoning from R-1 One Family Dwelling District to R-1(S) One Family Dwelling District, R-5(S) Multiple Family Dwelling District and OS-1(S) Conservation, Open Space, and Drainage District; and
WHEREAS, a Plan Description in the form of Exhibit “B”, attached hereto and included herein by reference as if fully set forth, 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 referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Aurora Planning Commission conducted a public hearing on August 5, 2015, reviewed the petition and recommended APPROVAL of said petition.
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 all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Three: 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 Four: 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”, attached hereto and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit “A” from R-1(S) One Family Dwelling District to R-1(S) One Family Dwelling District, R-5(S) Multiple Family Dwelling District and OS-1(S) Conservation, Open Space, and Drainage District and a Special Use permit is hereby granted for a Special Use Planned Development for the real estate property legally described in Exhibit “A”.
Section Five: 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 Six: That this Rezoning and Special Use approved 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 applicant and his respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Seven: That all modifications and exceptions under the Aurora Zoning Ordinance and all modifications and exceptions from the Aurora Subdivision Control Ordinance, as set forth in the Plan Description, are hereby granted and approved.
Section Eight: That this Ordinance shall take effect and be in full force and effect upon and after its passage, approval and publication in pamphlet from as required by law.
PASSED by the City Council of the City of Aurora, Illinois on __________________.
AYES_____ NAYS_____ ABSENT_____
APPROVED AND SIGNED by the Mayor of the City of Aurora, Illinois, on ___________.
_________________________
Mayor
ATTEST:
_______________________
City Clerk