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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: May 20, 2022
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development and Approving the East Aurora School District Resilience Center Plan Description for the property located at 417 5th Street (East Aurora School District #131 - 22-0319 / AU27/1-22.107-CU/Fpn - JS - Ward 3)
PURPOSE:
The Petitioner, East Aurora School District #131, is requesting approval of a Conditional Use Planned Development for the property located at 417 5th Street.
BACKGROUND:
The Petitioner is requesting approval of a Conditional Use Planned Development for the East Aurora School District Resilience Center located at 417 5th Street. The property is currently zoned R-3 or One Family Dwelling District. The original building was constructed prior to the City of Aurora’s requirement of a Conditional Use for educational services, such as schools and their accessory uses. As such, staff has made a policy of requiring new Conditional Uses when school district properties without conditional uses redevelop. This particular property is requiring a Planned Development due to the number of variances from the Zoning Ordinance requested, which will be detailed in the subsequent request.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan for the property for an Educational Services (6100) Use. The property is currently being utilized as an administrative building by East Aurora School District. Their plan is to demolish the building and construct a space to facilitate extracurricular activities for students and parents. The building is not planned to host after school sports, it will mainly contain indoor after school events. A psychologist and social worker will be onsite to assist the mental health of the students. The physical site has some restraints which call for a Planned Development to be approved. Setbacks along all sides of the site are being reduced in order to accommodate the building and parking lot.
DISCUSSION:
Staff has reviewed the Conditional Use Planned Development petition and have sent comments back to the petitioner on those submittals. Staff has reviewed the Conditional Use Ordinance - Planned Development petition and have determined that it meets 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.
Staff wanted to briefly discuss the Findings of Fact required for Conditional Use petitions:
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?
Staff believes the establishment of the Conditional Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The property has been owned and operated by the East Aurora School District since before Conditional Uses were required.
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?
Staff does not believe the conditional use will be injurious to the use and enjoyment of other property in the immediate vicinity.
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?
Staff does not believe the establishment of the Conditional Use will impede the normal and orderly development of the surrounding property. As previously stated, the building has been owned and operated by the East Aurora School District for a number of years and is currently being improved.
4. Will the proposal provide for adequate utilities, access roads, drainage, and/or
other necessary facilities as part of the conditional use?
Staff believes that the proposal provides for adequate utilities, access roads, drainage, and/or
other necessary facilities. All revisions and additions to the access roads and utilities are being reviewed by the Engineering Department and will be made to be in conformance with City Standards.
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?
Staff believes the proposal takes adequate measures to provide ingress and egress to the site. Two access points will be provided along Center Avenue in order to minimize traffic on 5th Street.
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 Planned Development conforms to the applicable regulations of the district in all respects, except for as is being modified within the Plan Description.
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.
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.
14.1(4) To encourage quality site design throughout the City.
14.1(5) To provide for the visual enhancement of the City through attractive landscaping, quality signage and diverse building design and arrangement.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the Ordinance Establishing a Conditional Use Planned Development and approving the East Aurora School District Resilience Center Plan Description for the property located at 417 5th Street.
ATTACHMENTS:
Land Use Petition with Supporting Documents
Property Maps
Exhibit A - Legal Description
Exhibit B - Plan Description
cc: Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development and Approving the Plan Description for the property located at 417 5th Street
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, East Aurora School District (131), 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 April 18, 2022, East Aurora School District (131) filed with the City of Aurora a petition Requesting approval of a Conditional Use for an Educational Services (6100) use for the property located at 417 5th Street 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 May 18, 2022, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on May 25, 2022, 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 use 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 use 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 Section 34.601 of Chapter 34 of the Code of Ordinances, City of Aurora.
Section Ten: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of R-3 One Family Dwelling District and upon termination of the use of said property for a this Conditional Use permit shall terminate and the classification of R-3 One Family Dwelling District shall be in full force and effect.
Section Eleven: That this Planned Development use 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, as set forth in the Plan Description, are here by granted and approved.