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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: June 18, 2014
SUBJECT:
A Resolution Approving the Final Plan on Lot 61 of Lehigh Station Subdivision, Unit 2 for a mixed use building located at southwest corner of Milford Lane and Station Boulevard, Aurora, Illinois (TCCI, LLC - NA21/2-13.316-Fpn - TV/DF - Ward 10)
PURPOSE:
The petitioner, TCCI, LLC, is proposing a Final Plan on 2.07 acres for a mixed use building located on Lot 61 of Lehigh Station at the southwest corner of Milford Lane and Station Boulevard.
BACKGROUND:
This Final Plan petition, which is part of the Lehigh Station Special Use Planned Development, was referred by the City Council to the Planning Division on June 17, 2014.
Legislative History:
Date Review Body Motion Vote
6/17/2014 Planning Council Forward Unanimous
8/18/2014 Planning Commission Conditional approval Unanimous
DISCUSSION:
Proposal: The proposal consists of constructing a mixed use building with a total of 88 multi-family dwelling units and 1,946 square feet of commercial/office space on Lot 61 of Lehigh Station. The gross project density is 42.51 dwelling units per acre.
A mixture of 110 enclosed and 53 surface parking spaces is proposed, with a total of 163 parking spaces. The enclosed parking will be located within the 5 story buildings. The number of enclosed parking spaces meets the 1.25 per dwelling unit requirement.
Stormwater detention has already been provided for this site on Lot 62 of the Lehigh Station Subdivision.
Evaluation: Staff has reviewed the Final Plan petition, submitted by the petitioner and have sent comments back to them on those submittals. The petitioner is currently working on modifying the plans.
Since the inception of the transit oriented development (TOD) corridor south of Metra's Route 59 train station, the townhouse portion of Lehigh Station and Plaza on New York has been constructed and the mixed use sites within the Plaza of New York is currently under construction. In addition, Metro 59 multi-family dwelling buildings and Union Square townhomes, which are north of Liberty, have been final planned and are approaching construction.
The remaining sites left to develop in the Lehigh Station are the two mixed use sites. This final plan will develop the southern mixed use site (Lot 61) with 88 multi-family dwelling units and 1,946 square feet of commercial area. Keeping medium to high density residential units in these areas is important in order to retain the sustainability of the proposed roadway improvements and shuttle (trolley) program.
The Plan Description's current B-1(S) zoning allows for the option of constructing a multi-story structure with commercial, office and /or residential uses. It also allows for the construction of single family attached dwelling units. This was to allow the plan to evolve dependent on the needs of the overall TOD corridor.
The urban nature of the development is being maintained by keeping an urban streetscape and building architecture.
Having commercial nearby is also another fixture of an urban environment. The development has commercial tenants in the proposed buildings and is also close to commercial located along E. New York Street, Fox Valley Regional Mall and the Yorkshire Plaza shopping center.
A high-end urban mixed use multi-family development will provide diversity in the housing stock in this TOD corridor and should attract a different market segment than the Lehigh Station and Plaza on New York townhome developments. And while the current business plan is for these units to be occupied on a for rent basis, in the future these units could be converted into a for sale product.
Public Input: As of the date of this report, staff has not received public inquiries regarding this petition. There have been no public inquiries at the meeting as this is not a public hearing.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this project will increase the City's overall tax base and viability which will offset any incidental Department or staffing impacts; additionally certain impacts will be augmented by the applicable Residential Land Cash, Fire and Public Works Impact Fees.
RECOMMENDATIONS:
Planning Commission would recommend CONDITIONAL APPROVAL of the Final Plan on Lot 61 of Lehigh Station Subdivision, Unit 2 for a mixed use building located at southwest corner of Milford Lane and Station Boulevard, with the following conditions:
1. That parking spaces be striped in lieu of the drop off area along Station Boulevard.
2. That the parking space located directly across from the southern commercial unit in the parking garage be remove to eliminate the pinchpoint.
3. That the Petitioner work with Staff on the species plant material mix and placement.
4. That the garage doors match the Plaza of New York mixed unit buildings.
5. That the models shall not be decorated with nursery or child themed bedrooms.
6. That the land cash obligations for Lot 61 in Lehigh Station shall be based on a two bedroom standard land/cash fee or $500.00, whichever payment amount is greater, per multi-family apartment dwelling unit, regardless of bedroom type, prior to the issuance of a building permit for a multi-family/apartment building.
7. That the Developer provides the City with a copy of the proposed Property Management Agreement document with 60 days of the Final Plan approval.
8. That pursuant to the Memorandum of Agreement attached hereto as "Exhibit B", the Developer and subsequent property owners agree to be obligated to pay a fee for each unit for a future Mass Transit System ("Trolley System") designed for commuting between the Route 59 Train Station and the Westfield Shopping Center. The fee will be $20.00 per month per residential dwelling unit with an annual increase equal to the established CPI, but at no point shall the assessed fee exceed the amount charged for a parking permit at the Route 59 Train Station or the fee charged to the unit owners under the "Declaration of Condominium Ownership for Lehigh Station Condominium." The assessed fee entitles each unit to a family pass for the proposed "Trolley System" allowing all individuals residing in each unit of the proposed community full access to said system. Furthermore, the City shall request payment from the Developer and subsequent property owners for the monthly fee for the "Trolley System" no sooner than 30 days prior to actual service being provided or the property owner's receipt of an occupancy permit, whichever is later.
a. If the development converts from a single ownership managed for rent complex to individual condominiums, the Developer and subsequent property owners shall incorporate all five multi-story buildings in the apartment complex (being on Lot 61 of Lehigh Station and Lots 155, 156, 157 and 158 of The Plaza on New York) into a single new Condominium Association which shall include language from the Memorandum of Agreement.
9. That the Developer and subsequent property owners will continue to honor the "Cost Sharing and Cross Easement Declaration" signed and dated January 18, 2006 and recorded in DuPage County by Recording No. R2006-012920 on January 20, 2006.
10. Contingent upon Final Engineering Approval.
11. Written permission and easement from the Fox Valley Park District (FVPD) should be obtained prior to the construction of the offsite storm sewer on the FVPD property.
12. The existing water service lines that are to be abandoned should be removed and capped at the main.
ATTACHMENTS:
Property Research Sheet
Planning Commission Report
Planning Council Report
Land Use Petition
Plat of Survey
Final Plan
Landscape Plan
Fire Access Plan
Photometric Plan
Elevations/Floor Plan
cc: Alderman Saville, Chairman
Alderman Irvin
Alderman Donnell
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Approving the Final Plan on Lot 61 of Lehigh Station Subdivision, Unit 2 for a mixed use building located at southwest corner of Milford Lane and Station Boulevard, Aurora, Illinois
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, on May 14, 2014, the City of Aurora approved the Final Plat for the Lehigh Station Subdivision by Resolution Number R05-272; and
WHEREAS, said Final Plan has been determined to be in substantial conformance with the Aurora Municipal Code, Chapter 43 entitled "The Aurora Subdivision Control Ordinance" and with the "Aurora Zoning Ordinance" Number 3100 ; and
WHEREAS, said Final Plan has been determined to be in substantial conformance with the Lehigh Station's Plan Description approved by the Aurora City Council on March 22, 2005 by Ordinance Number O05-043; and
WHEREAS, said Final Plan has been determined to be in substantial conformance with the Preliminary Plan and Plat approved by Aurora City Council on March 22, 2005 by Resolution Number R05-139; and
WHEREAS, on June 17, 2014, the Aurora Planning Council recommended that said Final Plan be moved Forward for consideration; and
WHEREAS, on June 18, 2014, the Aurora Planning Commission reviewed said Final Plan and recommended Conditional Approval of said petition; and
WHEREAS, the Petitioner modified the final plan and landscape plan per the Aurora Planning Commission conditions.
WHEREAS, on June 26, 2014, the Planning and Development Committee of the Aurora City Council reviewed said Final Plan and before mentioned recommendations and recommended Conditional Approval of said petition; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, as follows: that Conditional Approval is hereby granted of said Final Plan with the following conditions:
1. That the garage doors match the Plaza of New York mixed unit buildings.
2. That the models shall not be decorated with nursery or child themed bedrooms.
3. That the land cash obligations for Lot 61 in Lehigh Station shall be based on a two bedroom standard land/cash fee or $500.00, whichever payment amount is greater, per multi-family apartment dwelling unit, regardless of bedroom type, prior to the issuance of a building permit for a multi-family/apartment building.
4. That the Developer provides the City with a copy of the proposed Property Management Agreement document with 60 days of the Final Plan approval.
5. That pursuant to the Memorandum of Agreement attached hereto as "Exhibit B", the Developer and subsequent property owners agree to be obligated to pay a fee for each unit for a future Mass Transit System ("Trolley System") designed for commuting between the Route 59 Train Station and the Westfield Shopping Center. The fee will be $20.00 per month per residential dwelling unit with an annual increase equal to the established CPI, but at no point shall the assessed fee exceed the amount charged for a parking permit at the Route 59 Train Station or the fee charged to the unit owners under the "Declaration of Condominium Ownership for Lehigh Station Condominium." The assessed fee entitles each unit to a family pass for the proposed "Trolley System" allowing all individuals residing in each unit of the proposed community full access to said system. Furthermore, the City shall request payment from the Developer and subsequent property owners for the monthly fee for the "Trolley System" no sooner than 30 days prior to actual service being provided or the property owner's receipt of an occupancy permit, whichever is later.
a. If the development converts from a single ownership managed for rent complex to individual ownership condominiums, the Developer and subsequent property owners shall incorporate into the "Declaration of Condominium Ownership for Lehigh Station Condominium" or if the attempts to incorporate fails then the Developer and subsequent property owners shall create its own Condominium Association which shall include language from the Memorandum of Agreement.
6. That the Developer and subsequent property owners will continue to honor the "Cost Sharing and Cross Easement Declaration" signed and dated January 18, 2006 and recorded in DuPage County by Recording No. R2006-012920 on January 20, 2006.
7. Contingent upon Final Engineering Approval.
8. Written permission and easement from the Fox Valley Park District (FVPD) should be obtained prior to the construction of the offsite storm sewer on the FVPD property.
9. The existing water service lines that are to be abandoned should be removed and capped at the main.
BE IT FURTHER RESOLVED that the City Council of the City of Aurora hereby adopts the Final Plan as described on Exhibit "A" along with any dedications deemed necessary by the Aurora City Engineer.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
____________________________ __________________________
Alderman Bohman, Ward 1 Alderman Garza, Ward 2
____________________________ __________________________
Alderman Mesiacos, Ward 3 Alderman Donnell, Ward 4
____________________________ __________________________
Alderman Peters, Ward 5 Alderman Saville, Ward 6
____________________________ __________________________
Alderman Hart-Burns, Ward 7 Alderman Mervine, Ward 8
____________________________ __________________________
Alderman Bugg, Ward 9 Alderman Johnson, Ward 10
____________________________ __________________________
Alderman Irvin, At Large Alderman O'Connor, At Large
ATTEST:
____________________________ __________________________
City Clerk Mayor
Legistar Number: 14-00467
ATTACHMENTS:
Exhibit "A" Plan Information Sheet
Exhibit "B" Memorandum of Agreement
EXHIBIT "A"
PLAN INFORMATION SHEET
For the Final Plan for the property located at southwest corner of Milford Lane and Station Boulevard
Case File Number: NA21/2-13.316-Fpn
Tax Parcel Number: 07-21-207-004
Owner:
TCCI, LLC
2001 Kirby Drive, Suite 900
Houston, TX 77019
Plan Prepared By:
MeritCorp
1016 Douglas Road, Suite A
Oswego, IL 60543
Date Plan Received: 6/20/2014
Landscape Plan Prepared By:
MeritCorp
1016 Douglas Road, Suite A
Oswego, IL 60543
Date Landscape Plan Received: 6/20/2014
NOTE: A COPY OF THESE DOCUMENTS AS REFERENCED HEREON ARE ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.
EXHIBIT "B"
MEMORANDUM OF AGREEMENT
For the Final Plan for the property located at Southwest corner of Milford Lane and Station Blvd
TCCI, LLC ("Developer"), petitioner for the above stated final plan hereby, agrees to incorporate the following provisions into the Property Management Agreement or the CCR/Declaration document for the Lot 61 of Lehigh Station:
1. Trolley System: The municipality intends to establish a mass transit system ("Trolley System") which will run through the Development and to other areas in the vicinity of the Development, including what are commonly referred to as the Route 59 Train Station and the Westfield Shopping Center. The Developer shall be required to pay to the Municipality an amount equal to twenty dollars ($20.00) per residential Dwelling Unit per month ("Trolley Assessment") with an annual increase equal to the established CPI, but at no point shall the assessed fee exceed the amount charged for a parking permit at the Route 59 Train Station or the fee charged to the unit owners under the "Declaration of Condominium Ownership for Lehigh Station Condominium." The assessed fee entitles each unit to a family pass for the proposed "Trolley System" allowing all individuals residing in each unit of the proposed community full access to said system. Furthermore, the City shall request payment from the Developer and subsequent property owners for the monthly fee for the "Trolley System" no sooner than 30 days prior to actual service being provided or the property owner's receipt of an occupancy permit, whichever is later.
This Agreement shall be mutually binding upon the heirs, executors, administrators, successors, devisees and assigns of the Developer and all future owners.
As petitioner for the final plan granted for the subject property, I sign this agreement with full knowledge and with total understanding of my/our responsibilities to comply with this Agreement. I hereby affirm that I have the full legal capacity to sign this document.
WHEREAS, I/We do affix my/our signature(s) hereto.
Dated this _____ day of ___________________ , 20_____.
Signed: _______________________________
Name: ________________________________
I, the undersigned, a Notary Public in and for the said County and State aforesaid, DO HEREBY CERTIFY that ____________________ , is known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and notary seal this ______ day of _______________ , AD 20___.
________________________________
Notary Public
My Commission Expires ____________________ , 20___.