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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: December 6, 2024
SUBJECT:
A Resolution Approving a Preliminary Plan for Springs at Aurora Subdivision on property located at 1380 N. Orchard Road and 1444 N. Orchard Road (Continental 834 Fund, LLC - 24-0926 / SG12/4-24.456 - PDD/Psd/Ppn - TV - WARD 5)
PURPOSE:
The Petitioner, Continental 834 Fund, LLC, is requesting approval of a Preliminary Plan for Spring at Aurora Subdivision located at 1380 N. Orchard Road and 1444 N. Orchard Road which includes the construction of a multi-family residential development.
BACKGROUND:
The Subject Property is currently vacant land with PDD Planned Development District zoning which is part of the USAA Planned Development District. The USAA Planned Development District was established in 1989 for approximately 500 acres of land. Over the years, the USAA Planned Development District Plan Description has undergone several amendments to accommodate ongoing development.
Under the Plan Description, there are currently 8 basic land use designations which has been divided up into 19 individual parcels. The Subject Property is currently part of Parcel #6 with the land use designation of Office, Research, Light Industrial and/or Commercial. Meijer Store Limited Partnership has owned the property for at least 24 years, and has been twice fully approved for development as a Meijer store and gas station. However, Meijer has recently opted not to proceed with these plans and has decided to place the property on the market for sale.
The Petitioner is requesting approval of an amendment to the Plan Description for the USAA Planned Development District. The Plan Description amendment would add a Parcel #20 and a 9th land use designation of Multifamily Residential for a portion of Lot 1A of the Resubdivision of Lot One in Orchard Road Subdivision (Lot 1 of Springs of Aurora Subdivision as shown on the Preliminary Plat) to facilitate a multi-family residential development use on the Subject Property. Specifically, Parcel #20 will have the base standards of R-5 Multi-Family Dwelling District with certain modifications. The plan description allows for the complex to be located on a single lot with a reduced lot size and floor area ratio but requires a uniform ownership to avoid fractured ownership of individual buildings. It also required that the community includes an amenity center with an inground pool. The plan description requires that all units have an individual accessible balcony, deck, or patio and establishes higher minimum floor areas for each type of unit. In addition, it establishes parking regulations, being a residential ratio of 1.5 parking spaces per unit with 0.5 of those spaces being enclosed. The setbacks are being reduced to accommodate parking within the community and accessory structures within the rear setbacks adjacent to open space.
The remain portion of Lot 1A of the Resubdivision of Lot One in Orchard Road Subdivision (Lots 2-5 of Springs of Aurora Subdivision as shown on the Preliminary Plat) is intended to remain under Parcel #6 and the land use designation of Office, Research, Light Industrial and/or Commercial. This is the former gas station out lot. This will be developed commercially.
Concurrently with this proposal, the Petitioner is requesting approval of a revision to the Preliminary Plat for Lot 1A of the Resubdivision of Lot One Orchard Road Subdivision and establishing Springs at Aurora Subdivision. The details of the request include subdividing the property into 5 lots. Lot 1 is being proposed to be developed as a multi-family residential development. Lot 2 will remain as a future commercial site and Lot 3 will remain as the access road behind the commercial parcels along with the row of parking spaces. Lots 4 and 5 will remain detention ponds for the entire development.
The Petitioner is also requesting approval of a Preliminary Plan for Spring at Aurora Subdivision. The proposal for Lot 1 includes the construction of a 340-unit residential development with 17 two-story apartment buildings, a community clubhouse, an amenity building and 5 detached garage buildings. Each residential building consists of 20 units with 8 of the units having a one car attached garages. The complex will offer a variety of apartment sizes including 34 studios, 136 one-bedroom units, 136 two-bedroom units, and 34 three-bedroom units. These units range from 650 square feet to 1,400 square feet. A decorative metal fence is being constructed around the entire property; however, this will not be gated. The main access will be provided directly across from the signalized entrance off Orchard Road into the center. There also is a secondary access that is located in the northwest corner of the property in front of the Holiday Inn Hotel.
A total of 550 parking spaces are proposed for the residential use, including 365 surface parking spaces, 49 enclosed spaces within detached garage buildings, and 136 attached garage parking spaces are being provided throughout the site. There are additional driveway parking spaces located in front of the attached garages. These spaces are not included in the above parking count and ratio. In addition, 13 surface parking spaces are being provided for the clubhouse. The Petitioner is also maintaining and enhancing the row of parking spaces on Lot 3, for the commercial properties within the adjacent shopping center.
The community clubhouse will feature a leasing office, a 24-hour fitness center, and a swimming pool. Additionally, there will be a maintenance, car care, and package center building, which includes an ADA-compliant garage. The site will also offer two pet parks and two grilling areas for residents to enjoy.
The existing detention ponds are being modified to accommodate the stormwater for this development.
Conceptual Building and Signage Elevations and a Preliminary Landscaping Plan has been provided in the packet. The signage package includes two subdivision signs for the multi-family development which are located at the main and secondary entrance into the development. Additionally, two large development signs with room for commercial tenants will be located at the corner of Sullivan Road and at the entrance off Orchard Road into the center. The Building and Signage Elevations and Preliminary Landscaping Plan will be fully reviewed and approved during the Final Plat and Plan process.
DISCUSSION:
Staff has reviewed the Preliminary Plan 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, with the exception of the items reflected in the conditions listed in the Staff Recommendation below.
This site has been owned by Meijer for at least 24 years, and has failed to develop it for a grocery store and gas station, despite being Final Planned in both 2001 and then with a revision in 2006. Another start up around 2017 was stalled again.
Because of the length of time that this site has been vacant, the construction of other grocery stores nearby in the interim, and the loss of other big-box retail stores over the last 15 years, Staff felt that allowing a mixed use with residential rooftops would be the highest and best use for this site. The site sits back off of Orchard Road with views of the wetlands.
The City has entertained other mixed use developments, specifically at Fox Valley Mall. Staff has also heard from commercial developers that the lack of more rooftops on the far west side of town made it more difficult to attract prime commercial users. This will help with drawing new commercial/mixed-uses to the Toyota property just to the northeast, which has larger frontage and visibility to Orchard Road.
Other Springs apartment developments have been successful in this market, including a completed one just to the north in North Aurora. The out lot will remain available for commercial use drawing on it's prime location fronting on Orchard Road and the signalized access road into the center. New signage, which had always been contemplated, will also be constructed allowing for additional commercial tenant visibility.
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.
11.1(3) To encourage new development contiguous to existing development.
12.01(3) To encourage residential development in close proximity to places of work, shopping and recreation.
12.01(4) To encourage high density housing at appropriate locations adjacent to commercial centers.
21.1(2) To promote a wide variety of housing types.
21.1(3) To promote housing in all price ranges for purchase or rent.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended CONDITIONAL APPROVAL of the Resolution Approving a Preliminary Plan for Springs at Aurora Subdivision on property located at 1380 N. Orchard Road and 1444 N. Orchard Road, with the following conditions:
1. That the Preliminary Plan approval be contingent upon Final Engineering approval.
2. Retaining walls utilized within the development shall not exceed three (3) feet in height. The stepping of retaining walls is allowed up to six (6) feet in overall height with a minimum run of three (3) feet between steps.
3. That the Petitioner provide documentation regarding the maintenance responsibility for the access road and parking spaces located on Lot 3 prior to occupancy permit.
4. That the Petitioner provide documentation to the City that the existing cross-access easements are vacated prior to the issuance of any building permit for a building that conflicts with said cross-access easement or prior to occupancy permit of the first building.
5. That the detached and attached garages should primarily be used for parking vehicles. If the garages are being used primarily for storage, the City will consider the Owner in violation of this requirement.
6. That either an access easement for secondary access for the hotel be provided on the Final Plat or a secondary access for the hotel be provided on the Final Plan. Either option shall be approved by the Fire Marshal.
7. That a waterCAD model will be required if the existing 12” watermain is to be re-routed or downsized.
ATTACHMENTS:
Exhibit "A" Preliminary Plan
Fire Plan
Preliminary Landscape Plan
Building and Signage Elevations
Land Use Petition and Supporting Documents
Qualifying Statement
Maps
Legistar Number 24-0926
cc:
Alderwoman Patricia Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman William “Bill” Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Approving a Preliminary Plan for Springs at Aurora Subdivision on property located at 1380 N. Orchard Road and 1444 N. Orchard Road
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, by petition dated October 16, 2024, Continental 834 Fund, LLC filed with the City of Aurora a petition requesting approval of a Preliminary Plan for Spring at Aurora Subdivision located at 1380 N. Orchard Road and 1444 N. Orchard Road and related required documents as attached hereto as Exhibits "A"; and
WHEREAS, the Planning and Zoning Commission conducted a hearing on December 4, 2024, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on December 11, 2024, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said Preliminary Plan and the 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, finds as facts all of the preamble recitals of this Resolution and hereby grants CONDITIONAL APPROVAL of said Preliminary Plan with the following conditions:
1. That the Preliminary Plan approval be contingent upon Final Engineering approval.
2. Retaining walls utilized within the development shall not exceed three (3) feet in height. The stepping of retaining walls is allowed up to six (6) feet in overall height with a minimum run of three (3) feet between steps.
3. That the Petitioner provide documentation regarding the maintenance responsibility for the access road and parking spaces located on Lot 3 prior to occupancy permit.
4. That the Petitioner provide documentation to the City that the existing cross-access easements are vacated prior to the issuance of any building permit for a building that conflicts with said cross-access easement or prior to occupancy permit of the first building.
5. That the detached and attached garages should primarily be used for parking vehicles. If the garages are being used primarily for storage, the City will consider the Owner in violation of this requirement.
6. That either an access easement for secondary access for the hotel be provided on the Final Plat or a secondary access for the hotel be provided on the Final Plan. Either option shall be approved by the Fire Marshal.
7. That a waterCAD model will be required if the existing 12” watermain is to be re-routed or downsized.
BE IT FURTHER RESOLVED that the City Council of the City of Aurora hereby adopts the Preliminary Plan and related required documents as attached hereto as Exhibit "A" Preliminary Plan.