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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: May 7, 2015
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 2295 Church Road to O(S) - Office with a Special Use Permit for a Religious Institution in Kane County, Aurora, Illinois, 60502 (Sri Jagannath Society of Greater Chicago - L15-00258 / AU02/4-14.337-Rz/Su - TV - Ward 1)
PURPOSE:
The Petitioner, Sri Jagannath Society of Greater Chicago filed a Rezoning and Special Use petition with the City of Aurora on March 26, 2015 for the property located at 2295 Church Road. The Petitioner, a non-profit religious and charitable organization, is requesting approval to rezone the property from R-1 to O(S) Office District with a Special Use for a Religious Institution. This proposal consists of using the existing house for daily and weekend worship, which will hold a total of 18 parishioners in the sanctuary, and for their charitable activities. In addition, a portion of the house may be use for a future priest residence. As part of the proposal, the driveway is being modified to create a 6 space parking lot and a new 7 foot tall monument sign is being installed in front of the building. Landscaping is be implemented around the parking lot and the signage and along the street.
BACKGROUND:
The Subject Property is located at 2295 Church Road and is currently utilized as a residence with R-1 One Family Dwelling zoning. The property is generally located on the east side of Church Road, just north of Corporate Boulevard.
DISCUSSION:
Staff has reviewed the Rezoning and Special Use petition, submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
Due to the smaller nature of the subject property, Staff felt that rezoning the property to O - Office District, will still be compatible with the surrounding properties that are zoned ORI Office, Research and Light Industrial. In addition, the proposed religious institution does not impede the ability for future development of this property.
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 :
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.
11.1(3) To encourage new development contiguous to existing development.
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.
RECOMMENDATIONS:
The Planning Commission recommends CONDITIONAL APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 2295 Church Road to O(S) - Office with a Special Use Permit for a Religious Institution in Kane County, Aurora Illinois 60502 with the following conditions:
1. That a revision to the Special Use would be required if a portion of the building is used as a priest residence.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B-1" Final Plan
Exhibit "B-2" Landscape Plan
Exhibit "B-3" Fire Access Plan
Exhibit "B-4" Building Elevations and Signage
Exhibit "C" Memorandum of Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: L15-00258
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 2295 Church Road to O(S) - Office with a Special Use Permit for a Religious Institution in Kane County, Aurora, Illinois, 60502
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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, Dalia Cepele is the owner of record of the real estate property legally described on Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth; and
WHEREAS, Sri Jagannath Society of Greater Chicago, the contract purchaser, filed a Rezoning and Special Use petition with the City of Aurora on March 26, 2015, to amend Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to rezone the property legally described on said Exhibit "A" from R-1 One Family Dwelling to O(S) - Office and authorize the use of the property for a Religious Institution; 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 May 6, 2015, with respect to said petition for Rezoning and made their requisite findings of fact as prescribed by Section 11.5-6 "Findings of fact" and has found that said petition meets the standards prescribed by Section 10.6-5 "Standards" of Ordinance Number 3100, being the Aurora Zoning Ordinance, and the Aurora Planning Commission has therefore recommended CONDITIONAL APPROVAL of the Rezoning and Special Use; and
WHEREAS, the City Council, based upon the conditional recommendation and the stated standards of the Planning Commission, finds that the proposed Special Use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare, will not be injurious to the use of other property in the immediate vicinity, nor diminish or impair property values in the neighborhood and, further, the City Council finds that the granting of this Special Use will not impede normal and orderly development and improvement of surrounding property for uses permitted in the district and that adequate utilities, access roads, drainage and other facilities are being provided and that the Rezoning and Special Use will in all respects conform to the applicable regulations of the O(S) - Office zoning classification except as varied herein; and
WHEREAS, the City Council, 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 Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto be, and the same are, hereby amended to rezone the real property described in Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth herein, referred to as Exhibit "A", from R-1 One Family Dwelling to O(S) - Office and a Special Use permit is hereby granted for a Religious Institution for the real property legally described in said Exhibit "A".
Section Three: That this Special Use permit hereby granted is solely for the purpose of a Religious Institution 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 Four: 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 with the following conditions:
With the understanding that this Religious Institution is a temporary use for the site and as such:
1. That the Religious Institution use not expand beyond the existing footprint of the building, nor shall new construction be allowed.
2. That the Special Use shall terminate five (5) years from the date of Occupancy Permit or no more than five (5) years and six (6) months from the date of Approval, whichever is less.
3. That a revision to the Special Use would be required if a portion of the building is used as a priest residence.
4. That at such time that the owner wishes to sell all or a portion of the property, the City shall have the "Right of First Refusal" to acquire said property.
Section Five: That the property legally described in Exhibit "A" shall remain in the underlying zoning classification of O - Office and upon termination of the use of said property for a Religious Institution use, this Special Use permit shall terminate and the classification of O - Office shall be in full force and effect.
Section Six: That this Religious Institution shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Seven: That all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Eight: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
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.