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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: March 24, 2014
SUBJECT:
A Resolution approving a Final Plan and Plat on 5.26 acres in Union Square Subdivision for townhomes located north of Liberty Street, south of Meridian Parkway and west of State Route 59, Aurora, Illinois (Appealable) (Kensington South, LLC / Union Square - NA16/4-13.234-Fsd/Fpn - SP Ward 10) (APPEALABLE)
PURPOSE:
The petitioner, Kensington South, LLC, is proposing a Final Plat and Plan for Union Square townhome development located north of Liberty Street, south of Meridian Parkway and west of Station Boulevard.
BACKGROUND:
This Final Plat and Plan petition, which is part of the Kensington Station Special Use Planned Development, was referred by the City Council to the Planning and Zoning Division on January 14, 2014.
Legislative History:
Date Review Body Motion Vote
2/4/2014 Planning Council Forward Unanimous
2/5/2014 Planning Commission Conditional Approval Unanimous
A full report on the zoning history of the property can be found in the Property Information Sheet.
This project is part of the Station Boulevard transit oriented development planning area approved by the City in 2005. Since the inception of the transit oriented development (TOD) corridor south of Metra's Route 59 train station, the two developments south of Liberty Street (Lehigh Station and Plaza on New York) are almost fully constructed. The last section of Station Boulevard roadway was constructed and finished during the winter of 2013.
DISCUSSION:
The proposal consists of a Final Plan and Plat on 5.26 acres with a total of 55 dwelling units in 9 buildings being proposed. The development will have different building sizes being: two 4-unit buildings (#5 and 7), four 5-unit buildings (#2, 3, 4 & 6) and three 9-unit buildings (#1, 8 and 9). The gross project density is 10.45 dwelling units per acre. Each dwelling unit will have an enclosed 2-car garage with a driveway. There are 10 visitor parking spaces being proposed off the private alleyway.
The existing public sidewalks along Liberty Street and Station Boulevard will remain. A public sidewalk will be added along the proposed Times Square Drive. Additional sidewalks are being provided throughout the internal development with connections to the public sidewalks.
Guardrail along the entire western length of Times Square Drive is being proposed due to the setback to the adjacent stormwater basin. Stormwater detention has already been provided for this site.
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 City Department or staffing impacts; additionally certain impacts will be augmented by the applicable Residential Land Cash Agreements, Fire and Public Works Impact Fees.
RECOMMENDATIONS:
The Planning Commission recommended CONDITIONAL APPROVAL of the Final Plat and Plan for Union Square townhome development north of Liberty Street, south of Meridian Parkway and west of Station Boulevard by Kensington South, LLC, with the following conditions:
1. That the aesthetics of the guardrail shall be reviewed and approved by the Planning and Zoning Division prior to installation.
2. That prior to building permit issuance, the CCR/Declaration document for the Union Square subdivision shall have the provisions incorporating the regulations cited in Sections B.10, B.11, B.12.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution approving a Final Plan and Plat on 5.26 acres in Union Square Subdivision for townhomes located north of Liberty Street, south of Meridian Parkway and west of State Route 59, Aurora, Illinois (APPEALABLE)
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 December 17, 2013, Kensington South, LLC filed with the City of Aurora requesting a Final Plat and Plan for Union Square townhome development for the Union Square Subdivision as described on Exhibit "A" attached hereto; and
WHEREAS, said Final Plat and Final Plan was duly referred on January 14, 2014, by the Aurora City Clerk to the Aurora City Council, who, in turn, referred said Final Plat and Final Plan to the Aurora Planning Council and Aurora Planning Commission for study and recommendation, and to the Planning and Development Committee of the Aurora City Council for final decision; and
WHEREAS, said Final Plat has been determined to be in substantial conformance with the Aurora Municipal Code, Chapter 43 entitled "The Aurora Subdivision Control Ordinance"; and
WHEREAS, said Final Plan has been determined to be in substantial conformance with the Aurora Zoning Ordinance Number 3100 Section 10.7-9 and 10.7-10; and
WHEREAS, said Final Plat has been determined to be in substantial conformance with the Preliminary Plat approved by Aurora City Council on Date by Resolution Number Resolution Number; and
WHEREAS, said Final Plan has been determined to be in substantial conformance with the Preliminary Plan approved by the Aurora City Council on Date by Resolution Number Resolution Number; and
WHEREAS, on February 4, 2014, the Aurora Planning Council recommended that said Final Plat and Final Plan be conditionally approved;
WHEREAS, on February 5, 2014, the Aurora Planning Commission reviewed said Final Plat and Final Plan and recommended that said Final Plat and Final Plan be conditionally approved; and
WHEREAS, on February 13, 2014, the Planning and Development Committee of the Aurora City Council reviewed said Final Plat and Final Plan and before mentioned recommendations and recommended that said Final Plat and Final Plan be conditionally approved; and
WHEREAS, the recommendation of the Aurora Planning and Development Committee is subject to appeal by the petitioner or a member of the Aurora City Council within the required appeal period which expires on March 5, 2014 at 5:00 p.m.; and
WHEREAS, this Resolution shall serve as final action on the Final Plat and Final Plan petition in the event that this Resolution is not appealed by any of the aforementioned individuals; and
WHEREAS, in the event that this Resolution is appealed, it shall serve as the recommendation of the Aurora Planning and Development Committee to the Aurora City Council which shall take final action on the request; and
NOW, THEREFORE, BE IT RESOLVED that the Planning and Development Committee of the City Council of Aurora, Illinois, finds as facts all of the preamble recitals of this Resolution, accepts the recommendation of the Aurora Planning Commission, and hereby conditionally approves said Final Plat and Final Plan with the following conditions:
1. That the aesthetics of the guardrail shall be reviewed and approved by the Planning and Zoning Division prior to installation.
2. That prior to building permit issuance, the Developer shall create a CCR/Declaration document which shall cover the entirety of the subdivision area covered in the Final Plat and Final Plan, and the CCR/Declaration document for this subdivision shall contain the provisions incorporating the regulations cited in Sections B.10, B.11, B.12, of the approved Plan Description.
3. That prior to building permit issuance, the said CCR/Declaration document for this subdivision shall incorporate the following provisions therein:
A. The total number of rental units allowed in this subdivision shall be limited to no more than thirty percent (30%) of the total dwelling units;
B. No person or entity may own more than one (1) rental dwelling unit in the subdivision;
C. After the "Turnover Date" of the Homeowners Association, said Homeowners Association may temporarily, for not to exceed one (1) year, grant a temporary individual exception to the maximum limit on rental units based on documented and validated owner hardship in attempting to sell a dwelling unit;
D. The Homeowners Association shall evaluate the above mandated limit on rental units from time to time and approve more restrictive provisions when deemed appropriate.
BE IT FURTHER RESOLVED that the Planning and Development Committee of the City of Aurora, Illinois hereby adopts the Final Plat and Final Plan as described in Exhibit "A" along with any dedications deemed necessary by the Aurora City Engineer.
PASSED AND APPROVED by the Planning and Development Committee of the City of Aurora, Illinois on this _____ day of ________, 20____.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
Mayor Alderman
City of Aurora, IL
____________________________ __________________________
City Clerk Alderman
__________________________ Alderman
EXHIBIT "A"
INFORMATION SHEET
For the Final Plat and Final Plan for the property located at N. of Liberty, S. of Meridian Parkway and W. of Station Boulevard
Case File Number: NA16/4-13.234-Fsd/Fpn
Tax Parcel Number: 07-16-402-011
Owner: Kensington South, LLC
975 E. 22nd Street, Suite 200
Wheaton, IL 60189
Date Plan Received By Planning: January 29, 2014
Plan Prepared By: Cemcon, LLC
2280 White Oak Circle, Suite 100
Aurora, IL 60502
Date Plat Received By Planning: January 29, 2014
Plat Prepared By: Cemcon, LLC
2280 White Oak Circle, Suite 100
Aurora, IL 60502
Date Landscape Plan Received By Planning: January 29, 2014
Landscape Plan Prepared By: Signature Design Group, Inc.
132 N. Washington Street
Naperville, IL 60540
NOTE: A COPY OF THESE PLAT AND PLANS 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 Plat and Final Plan for the property located at N. of Liberty, S. of Meridian Parkway and W. of Station Boulevard
Kensington South, LLC, petitioner for the above stated final plat and plan hereby, agrees to incorporate the following provisions into the CCR/Declaration document for the Union Square subdivision:
1. The total number of rental units allowed in this subdivision shall be limited to no more than thirty percent (30%) of the total dwelling units;
2. No person or entity may own more than one (1) rental dwelling unit in the subdivision;
3. After the "Turnover Date" of the Homeowners Association, said Homeowners Association may temporarily, for not to exceed one (1) year, grant a temporary individual exception to the maximum limit on rental units based on documented and validated owner hardship in attempting to sell a dwelling unit;
4. The Homeowners Association shall evaluate the above mandated limit on rental units from time to time and approve more restrictive provisions when deemed appropriate.
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 plat and 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___.