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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: May 2, 2014
SUBJECT:
An Ordinance Granting a Revision to the Special Purpose Recreational Institutions Special Use Permit to allow lighting for the outdoor soccer field on the Property located at 875 Aurora Avenue, Aurora, Illinois, 60505 (875 Aurora, LLC - AU15/2-14.072-Su/R - ES Ward 1)
PURPOSE:
An Ordinance Granting a Revision to the Special Purpose Recreational Institutions Special Use Permit to allow lighting for the outdoor soccer field on the Property located at 875 Aurora Avenue, Aurora, Illinois, 60505 (875 Aurora, LLC - AU15/2-14.072-Su/R - ES Ward 1).
BACKGROUND:
Legislative History:
Date Review Body Motion Vote
5/6/2014 Planning Council Forward Unanimous
5/7/2014 Planning Commission Conditional Approval Unanimous
DISCUSSION:
Proposal: Tenant Champion Soccer Arena, Inc. is proposing a Special Use permit revision to add lighting to the outdoor soccer field that was previously approved by Special Use permit on October 8, 2013. The purpose would be to allow extra outside play time after sunset. The 120' x 274' outdoor field would have four (4) light poles attached to the east side of the adjacent indoor soccer building. Each pole would extend twelve (12') feet above the roof line of the building. Each pole would have four (4) lamps that are each 1000-watt clear BT-56 Metal Halide. The lights will need to be oriented or shielded properly to allow less than 1 foot candle at the property line. The indoor soccer facility was granted a temporary occupancy permit on December 11, 2013, and the outdoor field was recently completed. The parking lot striping was completed per plan last Fall, but the lot was not seal-coated before winter. The rest of the site plan will remain as previously approved.
IMPACT STATEMENT:
This request has the potential to impact the immediate area with more activity including traffic and noise later into the evening without adequate protections being in place, such as hours of operation.
RECOMMENDATIONS:
The Planning Commission recommended CONDITIONAL APPROVAL of the Ordinance Granting a Revision to the Special Purpose Recreational Institutions Special Use Permit to allow lighting for the outdoor soccer field on the Property located at 875 Aurora Avenue by 875 Aurora, LLC, with the following conditions:
1. That the permit for the outdoor lights will not be approved until the following conditions are completed.
2. That a ten foot (10') wide curbed landscape setback be established along Hankes Avenue starting from Aurora Avenue and ending at the existing curb of the masonry office building, and that in lieu of a sidewalk an edging treatement be added to maintain asphalt stability, and striping be added to enhance the bike trail along Hankes Avenue.
3. That a five foot (5') wide concrete sidewalk be added along Aurora Avenue, excluding within the driveway curb cut, located one foot (1') off the property line within the public right-of-way.
4. That the existing chain link fence shall be removed along Hankes Avenue east of the office building and be replaced by a black ornamental metal fence.
5. That the parking lot will be seal coated and re-striped (it has only been re-striped).
6. That landscaping be added to the subject property along Aurora Avenue and Hankes Avenue per the previous correspondence with the Zoning Administrator, and that a landscape plan be submitted indicating the material to be planted.
7. That the outdoor soccer facility cease activity by 9:30PM. The outdoor lighting must be off by 10:00PM. After 6 months of operation with the lights, the operator may ask to be placed on the Planning & Development Committee agenda to request an additional half hour of lighting with subsequent approval by City Council.
8. That the violation of the use of temporary lighting for the outdoor field cease and be removed immediately.
9. That the lighting be directed or shielded to provide no more than 1 foot candle at the property line.
10. That the property described in Exhibit "A" will be developed in accordance with the Final Plan and Landscape Plan described in Exhibit "B".
11. That any landscaping installed that should die will be replaced prior to the next planting season.
12. That the petitioner agrees to implement the above-stated conditions and sign the Memorandum of Agreement attached hereto as Exhibit "C" within fourteen (14) days from the date of passage of this Ordinance.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Revision to the Special Purpose Recreational Institution Special Use Permit to allow lighting for the outdoor soccer field on the Property located at 875 Aurora Avenue, Aurora, Illinois, 60505
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, 875 Aurora, LLC 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, 875 Aurora, LLC filed a Special Use Revision petition with the City of Aurora on April 1, 2014, to authorize the use of the property legally described in Exhibit "A" for a Special Purpose Recreational Intitution Use; 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 7, 2014, with respect to said petition for Special Use permit and found that said petition met the standards prescribed by 10.6-5 Standards of Ordinance Number 3100, being the Aurora Zoning Ordinance, and recommended conditional approval of the Special Use Revision; 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 Special Use Revision will in all respects conform to the applicable regulations of the M-2 zoning classification except as varied herein; and
WHEREAS, the City Council, finds that the proposed Special Use Revision 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: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, 10.6-5, a Special Use permit is hereby granted for a Special Purpose Recreational Institution Use for the real estate property legally described in Exhibit "A".
Section Three: That this Special Use permit hereby granted is solely for the purpose of a Special Purpose Recreational Institution 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 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 specifically contingent upon the following conditions:
1. That the permit for the outdoor lights will not be approved until the following conditions are completed.
2. That a ten foot (10') wide curbed landscape setback be established along Hankes Avenue starting from Aurora Avenue and ending at the existing curb of the masonry office building, and that in lieu of a sidewalk an edging treatment be added to maintain asphalt stability, and striping be added to enhance the bike trail along Hankes Avenue.
3. That a five foot (5') wide concrete sidewalk be added along Aurora Avenue, excluding within the driveway curb cut, located one foot (1') off the property line within the public right-of-way.
4. That in lieu of replacing the chain link fence with ornamental, landscaping consistent with the rest of Hankes Avenue be installed and the fence screening be maintained.
5. That the parking lot will be seal coated and re-striped (it has only been re-striped).
6. That landscaping be added to the subject property along Aurora Avenue and Hankes Avenue per the previous correspondence with the Zoning Administrator, and that a landscape plan be submitted indicating the material to be planted.
7. That the outdoor soccer facility cease activity by 10:00PM. The outdoor lighting should be off by 10:30PM
8. That the violation of the use of temporary lighting for the outdoor field cease and be removed immediately.
9. That the lighting be directed or shielded to provide no more than 1 foot candle at the property line.
10. That the property described in Exhibit "A" will be developed in accordance with the Final Plan and Landscape Plan described in Exhibit "B".
11. That any landscaping installed that should die will be replaced prior to the next planting season.
12. That if the improvements are not completed by June 1, 2015, the lights shall remain off until completed.
13. That the petitioner agrees to implement the above-stated conditions and sign the Memorandum of Agreement attached hereto as Exhibit "C" within fourteen (14) days from the date of passage of this Ordinance.
Section Five: 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 plans described in Exhibit "B" the City Council shall take the necessary steps to repeal this Ordinance.
Section Six: 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 Seven: That the property legally described in Exhibit "A" shall remain in the underlying zoning classification of M-2 and upon termination of the use of said property for a Special Purpose Recreation Use use, this Special Use permit shall terminate and the classification of M-2 shall be in full force and effect.
Section Eight: That this Special Purpose Recreation Use use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Nine: That all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Ten: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Eleven: 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.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Legistar Number: 14-00326
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Information Sheet
Exhibit "C" Memorandum of Agreement
EXHIBIT "A"
LEGAL DESCRIPTION
For the Special Use for the property located at 875 Aurora Avenue
Parcel Number(s):15-15-282-016 and 019
Commonly known as: 875 Aurora Avenue located in Kane County.
THAT PART OF THE NORTHEAST ¼ OF SECTION 15, TOWNSHIP 38 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST ¼; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 330.0 FEET; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF SAID NORTHEAST ¼, 462.2 FEET TO A POINT 37.62 FEET SOUTH OF THE NORTH LINE OF HANKES AVENUE; THENCE WESTERLY PARALEL WITH SAID NORTH LINE 500.0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHERLY AT AN ANGLE OF 90 DEGREES 45 MINUTES 42 SECONDS MEASURED CLOCWISE FROM THE LAST DESCRIBED COURSE, PARALLEL WITH SAID EAST LINE 210.0 FEET; THENCE EASTEARLY AT AN ANGLE OF 89 DEGREES 14 MINUTES 18 SECONDS, MEASURED CLOCWISE FROM SAID PARALLEL LINE, PARALLEL WITH SAID NORTH LINE 135.0 FEET; THENCESOUTHERLY AT AN ANGLE OF 89 DEGREES 14 MINUTES 18 SECONDS, MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE 250.33 FEET TO SAID SOUTH LINE; THENCE WESTERLY AT AN ANGLE OF 90 DEGREES 30 MINUTES 11 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE ALONG SAID SOUTH LINE, 723.53 FEET TO THE EAST LINE OF PROPERTY DESCRIBED IN DOCUMENT NO. 370240; THENCE NORTHERLY AT RIGHT ANGLE TO SAID SOUTH LINE, ALONG SAID EAST LINE, 133.62 FEET TO THE NORTH LINE OF SAID PROPERTY DESCRIBED IN DOCUMENT NO. 370240; THENCE WESTERLY AT RIGHT ANGLES TO SAID EAST LINE, ALONG SAID NORTH LINE, 200.0 FEET TO THE EASTERLY LINE OF AURORA AVENUE (ALSO KNOWN AS ILLINOIS ROUTE 25); THENCE SOUTHESTERLY AT AN ANGLE OF 71 DEGREES 12 MINUTES 5 SECONDS, MEASURED CLOCKWISE FORM SAID NORTH LINE, ALONG SAID EASTERLY LINE 141.15 FEET TO SAID SOUTH LINE OF THE NORTHEAST ¼. THENCE WESTERLY AT AN ANGLE OF 71 DEGREES 12 MINUTES 5 SECONDS, MEASURED COUNTERCLOCKWISE FROM SAID EASTERLY LINE, ALONG SAID SOUTH LINE 69.72 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF CHICAGO, BURLINGTON AN QUINCY RAILROAD; THENCE NORTHWESTERLY AT AN ANGLE OF 108 DEGREES 47 INUTES 55 SECONDS, MEASURED COUNTERCLOCKWISE FROM SAID SOUTH LINE, ALONG SAID NORTHEASATERLY LINE, 480.98 FEET FROM THE WESTERLY EXTENSION OF A LINE THAT IS 37.62 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF HANKES AVENUE, THENCE EASTERLY, AT AN ANGLE OF 71 DEGREES 27 MINUTES 36 SECONDS, MEASURED COUNTERCLOCKWISE FORM SAID NORTHEASTERLY LINE, ALONG SAID PARALLEL LINE, 971.81 FEET TO THE POINT OF BEGINNING IN THE CITY OF AURORA, KANE COUNTY, ILLINOIS.
EXCEPTING THEREFROM THAT PART OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 38 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NOTHEAST QUARTER ; THENCE WESTERLY, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, 330.0 FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER, 462.20 FEET TO A POINT 37.62 FEET SOUTH OF THE NORTH LINE OF HANKES AVENUE, THENCE WESTERLY PARALLEL WITH SAID NORTH LINE, 500 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHERLY AT AN ANGLE OF 90 DEGREES 45 MINUTES 42 SECONDS, MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, PARALLEL WITH SAID EAST LINE, 180.0 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTH LINE 40.0 FEET; THENCE NORTHERLY PARALLEL WITH SAID EAST LINE 18.0 FEET; THENCE WESTERLY, PARALLEL WITH SAID NORTH LINE 80.0 FEET ; THENCE NORTHWESTERLY, AT AN ANGLE OF 103 DEGREES 09 MINUTES 03 SECONDS, MEASURED COUNTERCLOCKWISE FROM SAID PARALLEL LINE 166.35 FEET TO A POINT 37.62 FEET SOUTH OF THE NORTH LINE OF HANKES AVENUE; THENCE EASTERLY, PARALLEL WITH SAID NORTH LINE, 160.0 FEET TO THE POINT OF THE BEGINNING, BEING THAT PART CONVEYED BY DEED DOCUMENT 98K039739 RECORDED MAY 5, 1998 TO MERCHANTS NATIONAL BANK OF AURORA AS TRUSTEE UNDER TRUST NUMBER 5343, ALL IN THE CITY OF AURORA, KANE COUNTY, ILLINOIS.
EXHIBIT "B"
PLAN INFORMATION SHEET
For the Special Use Revision for the property located at 875 Aurora Avenue
Case File Number: AU15/2-14.072-Su/R
Tax Parcel Number: 15-15-282-016 and 019
Owner:
875 Aurora, LLC
875 Aurora Avenue
Aurora, IL 60505
Plan Prepared By:
A & M Architects, LLC
1142 Rose Road
Lake Zurich, IL 60047
Date Plan Received: 3/27/2014
NOTE: A COPY OF THESE DOCUMENTS AS REFERENCED HEREON ARE ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.
EXHIBIT "C"
PLAN INFORMATION SHEET
For the Special Use Revision for the property located at 875 Aurora Avenue
875 Aurora, LLC, petitioner for the Special Use permit for a Special Purpose Recreational Institution Use located at 875 Aurora Avenue granted by Ordinance Number __________, agrees to abide by all of the provisions of said Ordinance.
This agreement shall be mutually binding upon the heirs, executors, administrators, successors, devisees and assigns of future owners.
As petitioner for the special use granted for the subject property, I sign this agreement with full knowledge of the contents of said Ordinance and with total understanding of my/our responsibilities to comply with conditions set forth within said Ordinance. I hereby affirm that I have the full legal capacity to sign this document.
WHEREAS, I/We do affix my/our signature(s) hereto and acknowledge receipt of a certified copy of Ordinance Number ____________.
Dated this _____ day of ___________________ , 20_____.
Signed: _______________________________
Name: ________________________________
Address: _______________________________
Phone: ________________________________
STATE OF ILLINOIS )
) SS
COUNTY OF __________ )
I, the undersigned, a Notary Public in and for the said County and State aforesaid, DO HEREBY CERTIFY that ____________________ , is known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and notary seal this ______ day of ____________ , AD 20___.
________________________________Notary Public
My Commission Expires ____________________ , 20___.