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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: September 4, 2015
SUBJECT:
An Ordinance Granting a Special Use Permit for a Religious Institution (6400) Use on the Property located at 78 S LaSalle Street, Aurora, Illinois, 60505 (Community Christian Church - L15-00640 / AU22/3-15.129-SU - ES - Ward 2)
PURPOSE:
The petitioner, Community Christian Church is requesting approval of a Special Use Permit for a Religious Institution use on the property located at 78 S. LaSalle Street, which includes not only a site for weekly religious services, but also as other regular, often daily programming for other non-profit organizations focusing on youth mentoring.
BACKGROUND:
This is an existing 3 story building, originally constructed as an auto dealership. Community Christian Church has already been operating on the third floor of this building for a number of years. They wish to move to the first floor of the building to provide better accessibility and better visibility. They will be making a substantial improvement of this first floor space. This will essentially operate like one of the several other non-profits operating downtown. They have been working in east Aurora since 2003. They will offer programming in partnership with Community 4:12, East Aurora SD 131, World Relief, Family Focus, Triple threat, Emmanuel House, and Lifespring Ministry. They provide Saturday Stars Tutoring, Kids Hope Mentoring, Chess Club and Dominoes Club, along with many other activities. They will treat the space as a 7 day per week community center space for clinics, seminars, after-school programs, summer camps and regular program space for both youth and adult programming.
DISCUSSION:
The City has normally not supported first floor churches in the Downtown. However, due to this location in the Downtown Fringe District, and not the Downtown Core, in addition to some of the other non-profit and other compatible activities, along with the vacancy rate currently existing on LaSalle Street, Staff felt this was more of an exception than the rule. This will look and feel like a normal non-profit/office use with regular activities. Staff would like to place a time limit on the use, however, to require a renewal period for the Special Use in the future to review the status of the use and the block itself including said vacancy rate.
POLICIES AND GUIDELINES :
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.
22.1(5) To recognize the unique characteristics of individual neighborhoods and promote their positive attributes.
RECOMMENDATIONS:
Staff would recommend CONDITIONAL APPROVAL of the Ordinance Granting a Special Use Permit for a Religious Institution Use on the Property located at 78 S LaSalle Street, Aurora, Illinois, with the following conditions:
1) The Special Use is granted for a period of seven (7) years. It will be required to be renewed at the end of this time period.
2) The first floor space shall have regular daytime activity.
After seven years, if the petitioner requests a renewal of the Special Use, the City will conduct a review. Factors to be considered in this review would include, but not necessarily be limited to, the petitioner’s compliance with the second condition listed above.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Plat of Survey
Building Floor Plan
Property Research Sheet
Finding of Facts
Planning Council Report
Land Use Petition
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 Permit for a Religious Institution (6400) Use on the Property located at 78 S LaSalle Street, Aurora, Illinois, 60505
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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, Marie Louise Dispensa-Trust is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated July 15, 2015, Community Christian Church filed with the City of Aurora a petition Requesting approval of a Special Use Permit for a Religious Institution (6400) Use on the Property located at 78 S. LaSalle Street, 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 September 2, 2015, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on September 10, 2015, the Planning and Development Committee of the Aurora City Council reviewed said Special Use and the before mentioned recommendations and 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 of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Three: 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 Four: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, Section 4.2-1.3 and Section 10.6, a Special Use permit is hereby granted for a Religious Institution (6400) use for the real estate property legally described in Exhibit “A”.
Section Five: That this Special Use permit hereby granted is solely for the purpose of a Religious Institution (6400) 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 applicant and his respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Six: 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 specifically contingent upon the following conditions:
1) The Special Use is granted for a period of seven (7) years. It will be required to be renewed at the end of this time period.
2) The first floor space shall have regular daytime activity.
Section Seven: That should any of the above-stated conditions not be met or that the property described in Exhibit “A” the City Council shall take the necessary steps to repeal this Ordinance.
Section Eight: 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 Nine: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of DF Downtown Fringe and upon termination of the use of said property for a Religious Institution (6400) use, this Special Use permit shall terminate and the classification of DF Downtown Fringe shall be in full force and effect.
Section Ten: That this Religious Institution (6400) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Eleven: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.