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TO: Mayor John Laesch
FROM: Planning and Zoning Commission
DATE: October 6, 2025
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the Sheila Brown Trust Property 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 ORI Office, Research, and Light Industrial District for the property located south of Sunrise Road and east of Frieder Lane (Sheila M. Brown Declaration of Trust Date September 6, 2017 - 25-0778 / NA04/3-25.244 - AA/A/RZ/CUPD - JM - Ward 10)
PURPOSE:
The Petitioner Sheila M. Brown Declaration of Trust Date September 6, 2017 is requesting the establishment of a Conditional Use Planned Development, pursuant to an Annexation Agreement, with an underlying ORI, Office, Research, and Light Industrial District zoning on the property located south of Sunrise Road and east of Frieder Lane which includes a Plan Description zoning the property with underlying ORI Office, Research, and Light Industrial District zoning for a potential future development, the details of which are currently unknown.
BACKGROUND:
The Subject Property is currently located in unincorporated DuPage County.
The Petitioner is requesting the establishment of a Conditional Use Planned Development, pursuant to an Annexation Agreement, with an underlying ORI, Office, Research, and Light Industrial District zoning. The Plan Description provides for standard ORI bulk restrictions with no modifications. It additionally requires elevations to be approved with a Final Plan and be evaluated based on the quality and variety of building materials. It also allows for only one full access for the easternmost entrance and a restricted right in and left out access on the westernmost entrance for semi-trucks. Signs indicating such should be posted.
No development is being proposed at this time. The owner provided a concept plan to demonstrate a general idea of how the site could be developed. This plan adheres to the standard ORI requirements, including setbacks, parking, etc. Once a specific development is proposed, the developer will have to submit for approval. Any variations to the ORI requirements would require a revision of the Plan Description, which would necessitate a Public Hearing and final approval by City Council. The ultimate goal is to eventually incorporate the properties to the east to allow for the entire area to be developed as one site.
Concurrently with this proposal, the Petitioner is requesting approval of an Annexation Agreement for 6.3 acres for the Sheila Brown Trust Development. The details of the request include an Agreement that outlines that upon annexation, the property will have underlying ORI Office, Research, and Light Industrial District zoning and outlines that the developer will extend the existing curb, gutter, and pavement on the north and south sides of Sunrise Road to the easterly property line.
The Petitioner is also requesting the Annexation of the property, which will meet up with the Annexation Agreement at Building, Zoning, and Economic Development committee.
DISCUSSION:
Staff has reviewed the Rezoning and Conditional Use Ordinance - 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 surrounding area has been planned for office, research and light industrial uses since the 1970s. The properties to the west are light industrial developments. The surrounding property to the south is zoned in Naperville I-Industrial use, with agricultural use, and the Naperville’s Comprehensive Plan designates the property as Employment Center. The surrounding property to the east is zoned in DuPage County, R-2 Single- Family, Residential, with a vacant use, and the Naperville’s Comprehensive Plan designates the property as Employment Center. The semi-truck access is placed closest to Frieder Lane with a restricted access to make semi-trucks take Frieder Lane.
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 is consistent with surrounding developments to the north and west and is consistent with the comprehensive plans for the areas to the east and south.
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 significant industrial, warehouse and manufacturing uses exist in the general area. Where the interfacing exists with county residential properties, the final plan requirement will ensure that design standards, landscaping and traffic planning will be implemented to protect those areas.
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 properties are developed for similar uses. The area has been planned for light industrial use since the 1970s. The future plans for the current residential to the east are to annex into Aurora with office, research, and light industrial uses.
4. Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
The proposed area has adequate water and sewer capacity to serve the project.
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?
Sunrise Road will be improved fully along the property’s frontage. The site can have two access points off Sunrise Road. The Plan Description outlines limiting the access for semi-trucks to the most western access point and restricting that access to a right-in and left out to have semi-trucks use Frieder Lane.
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: 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 the petition is to annex the property for future development and the uses outlined in the Plan Description are the by-right uses in the ORI Office, Research and Light Industrial zoning district, which the surrounding area to the north and west has been developed with and what the area was identified as in land use plans.
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 the use is adjacent to light industrial uses to the north and west and the final plan will have development be setback from residential property to the east with landscaping for screening.
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 and are so recorded on the zoning district map
11. In an industrial planned development, do such additional uses allowed by exceptions conform with the performance standards of the district in which the development is located?
There are no additional uses being permitted that are not allowed by-right in the ORI Office, Research and Light Industrial zoning district.
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 general area has been planned for office, research and light industrial uses since the 1970s.
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 it continues the trend for office and light industrial uses that the area has been planned for and which has come to fruition on surrounding properties in the past several years. The property’s location, being adjacent to the tollway and is off a major regional collector, makes it a good location for these type of uses.
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 it is the area is identified for light industrial uses and is adjacent to similar uses.
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 properties to the north, west and south are of similar land 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:
11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promote complementary interactions between different land use components.
40.1 (1) To attract and encourage industrial, office and office-research development to planned sites where requisite public facilities are either present or proposed.
40.1 (5) To plan and promote the extension of the office and office-research corridor along the tollway in the City of Aurora.
RECOMMENDATIONS:
Planning and Zoning Commission recommended APPROVAL of the An Ordinance Establishing a Conditional Use Planned Development, Approving the Sheila Brown Trust Property 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 ORI Office, Research, and Light Industrial District for the property located south of Sunrise Road and east of Frieder Lane.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Exhibit “B” Plan Description
Land Use Petition with Supporting Documents
Maps
Legistar Number: 25-0778
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 Sheila Brown Trust Property 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 ORI Office, Research, and Light Industrial District for the property located south of Sunrise Road and east of Frieder Lane
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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, Sheila M. Brown Declaration of Trust Date September 6, 2017, 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 August 12, 2025, Sheila M. Brown Declaration of Trust Date September 6, 2017 filed with the City of Aurora a petition requesting the establishment of a Conditional Use Planned Development, pursuant to an Annexation Agreement, with an underlying ORI, Office, Research, and Light Industrial District zoning on the property located south of Sunrise Road and east of Frieder Lane 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 October 8, 2025, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on October 15, 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: 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 Six: 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 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 of the Code of Ordinances, City of Aurora.
Section Ten: 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 One-Family Dwelling District to ORI(C) Office, Research, and Light Industrial District 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 ORI Office, Research, and Light Industrial District shall be in full force and effect.
Section Eleven: That this Planned Development 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 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.