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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: December 4, 2020
SUBJECT:
An Ordinance Granting a Special Use Permit for an Educational services (6100) Use on the Property located at 1480 Reckinger Road (East Aurora School District #131 - 20-0719 / AU12/3-20.177-Rz/Su/Fpn - JS - Ward 1) (PUBLIC HEARING)
PURPOSE:
The Petitioner East Aurora School District #131 is requesting approval of a Special Use for an Educational services (6100) use located at 1480 Reckinger Road
BACKGROUND:
The Subject Property is currently zoned R-5(S) Multiple-Family Dwelling District with a Special Use zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of a Special Use for an Educational services (6100) use. While the school district has operated on this property for quite some time, the special use will be required with the zoning change.
Concurrently with this proposal, the Petitioner is Requesting to rezone the property from R-5(S) Multiple-Family Dwelling District with a Special Use to P(S) Park and Recreation District with a Special Use. The rezoning is consistent with what has been done across the city with other educational services properties.
Finally, the Petitioner is also requesting approval of a Final Plan for an Educational Services (6100) Use. The school district is adding an expansion of approximately 12,000 sq. ft. They are reorganizing some of the administrative staff and expanding their “Adventures” program, which is a program meant for students that require a bit more hands-on assistance in their learning. They are expecting to see roughly 30 more students arriving by bus on a daily basis. There are no anticipated changes in the traffic flow to the site.
DISCUSSION:
Staff has reviewed the Special Use petition and have determined that it meets the applicable codes and ordinances.
As of the date of this memo, staff has received public inquiries requesting additional information on this petition and raising concerns regarding the potential raising of taxes and to see if there is an anticipated increase in traffic.
POLICIES AND GUIDELINES / IMPACT STATEMENT :
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.
14.1 (4) To encourage quality site design throughout the City.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL An Ordinance Granting a Special Use Permit for an Educational services (6100) Use on the Property located at 1480 Reckinger Road
ATTACHMENTS:
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Exhibit “A” Legal Description
Exhibit “B” Memorandum of Agreement
cc: Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco
Alderman Robert J. O’Connor
Alderman Juany Garza
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Requesting approval of a Special Use for an Educational services (6100) use located at 1480 Reckinger Road.
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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, by petition dated October 27, 2020, East Aurora School District #131 filed with the City of Aurora a petition requesting approval of a Special Use for an Educational services (6100) use located at 1480 Reckinger Road and related required documents as attached hereto as Exhibits "A-1" through Exhibit “A-2”; and
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Aurora Planning Commission conducted a public hearing on December 2, 2020, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on December 10, 2020, 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 Commission, finds that the proposed Rezoning and Special Use is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance.
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 Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to a Special Use permit is hereby granted for an Educational services (6100) use for the real estate property legally described in Exhibit “A-1”.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Educational services (6100) 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 special use.
Section Seven: That the petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit “B” within fourteen (14) days from the date of passage of this Ordinance and that said Special Use permit is granted
Section Eight: That should any of the above-stated conditions not be met or that the property described in Exhibit “A-1” is not developed in accordance with the special 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-1”, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Ten: That the property legally described in Exhibit “A-1” shall remain in the underlying zoning classification of P(S) Park and Recreation District with a Special Use and upon termination of the use of said property for an Educational services (6100) use, this Special Use permit shall terminate and the classification of P(S) Park and Recreation District with a Special Use shall be in full force and effect.
Section Eleven: That this Educational services (6100) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.