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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: December 3, 2015
SUBJECT:
An Ordinance Granting a Special Use Revision to extend use of the Six (6) Modular Classroom Units until July 31, 2016 on the Property located at 85 S. Constitution Drive (St. Paul Lutheran Church - L15-00665 / AU19/1-15.106-Su - TV - WARD 5)
PURPOSE:
The Petitioner, St. Paul Lutheran Church is requesting approval of a Special Use Revision to extend use of the six (6) Modular Classroom Units until July 31, 2016 on the Property located at 85 S. Constitution Drive.
BACKGROUND:
The Subject Property is located at 85 S. Constitution Drive on 10.5 acres and is the home of St. Paul Lutheran Church with R-1(S) One Family Dwelling zoning, which is part of the Reimer’s Special Use Planned Development.
In 2009, the Church received approval for a Special Use for 6 modular classrooms for a period of 3 years. The Campus already included a school for its nursey, pre-school and kindergarten. However, the modular classrooms were to accommodate the relocation of the 1st grade through 8th grade school from their east side campus which was sold and would allow time to raise the capital to construct a permanent structure. In 2012, the Church received an extension of the Special Use for another 3 years in order to evaluate options due to the financial downturn and low enrollment at the school.
DISCUSSION:
The Petitioner is now proposing an additional Special Use Revision to further extend the use of these 6 modular classrooms on its campus until July 31, 2016.
Staff has reviewed this Special Use Revision request and has concerns regarding the extension of the Special Use without a permanent solution. Therefore, as part of this approval, the Church is being required to meet certain milestones, as stated in the conditions below, to ensure that a permanent solution is imminent. The City will then reconsider the extension of the Special Use for the 6 modular classrooms prior to the beginning of the next school year if necessary.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has not received public inquiries regarding this petition.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
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 of Aurora.
RECOMMENDATIONS:
The Planning Commission recommends CONDITIONAL APPROVAL of the Ordinance Granting a Special Use Revision to extend use of the Six (6) Modular Classroom Units until July 31, 2016 on the Property located at 85 S. Constitution Drive, with the following conditions:
1. That the Petitioner shall meet the following milestones:
• By March 31, 2016: A concept plan shall be approved by the St. Paul Board and a Final Plan shall be prepared for submittal to the City.
• By May 30, 2016: The Final Plan along with a timeline for implementation thereof shall be submitted to the City for approval.
2. That within sixty (60) days of approval of this Ordinance, a report shall be submitted to the City from an appropriate agent of the Petitioner (architect or engineer) showing the results of an annual inspection of the modular units.
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit "B" Plat of Survey
Exhibit “C" Memorandum of Agreement
Property Research Sheet
Land Use Petition with Supporting Documents
Legistar History Report
Finding of Facts
Legistar Number: L15-00665
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Granting a Special Use Revision to extend use of the Six (6) Modular Classroom Units until July 31, 2016 on the Property located at 85 S. Constitution Drive
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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, St. Paul Lutheran Church is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated July 21, 2015, St. Paul Lutheran Church filed with the City of Aurora a petition requesting approval of a Special Use Revision to extend use of the six (6) Modular Classroom Units until July 31, 2016 on the Property located at 85 S. Constitution Drive, and related required documents attached hereto as Exhibit "B"; 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, 2015, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on December 10, 2015, the Planning and Development Committee of the Aurora City Council reviewed said petition and the before-mentioned recommendations and has recommended CONDITIONAL 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 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 find as fact all of the preamble recitals of this Ordinance.
Section Two: That in accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and specifically pursuant to Section 10.6 thereof, a Special Use Permit is hereby granted extending the use of the six (6) Modular Classroom Units until July 31, 2016 on the property legally described in Exhibit "A", subject to the conditions set forth herein and subject to compliance with all applicable City ordinances, 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 Three: That the petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit “C” within fourteen (14) days from the date of passage of this Ordinance and that said Special Use permit is granted specifically contingent upon the following conditions:
1. That the Petitioner shall meet the following milestones:
• By March of 2016: A concept plan be approved by the Board and a Final Plan be developed for submittal to the City.
• By May of 2016: A Final Plan along with a timeline for implementation is filed with the City for approval.
2. That within sixty (60) days of approval a report is submitted to the City from an outside agency (architect or engineer) with the results of an annual inspection of the modular units.
Section Four: That should any of the above-stated conditions not be met or the property described in Exhibit “A” is not developed in accordance with the plans attached hereto as Exhibit "B" Plat of Survey, the City Council may take the necessary steps to repeal this Ordinance.
Section Five: 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 by Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Six: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of R-1(S) One Family Dwelling with a Special Use Planned Development, and upon termination of use of the Six (6) Modular Classroom Units, this Special Use permit shall terminate and the classification of R-1(S) One Family Dwelling with a Special Use Planned Development shall be in full force and effect.
Section Seven: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Eight: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed to the extent of any such conflict.
Section Nine: 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.