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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: May 20, 2022
SUBJECT:
An Ordinance Granting Revisions to the Conditional Use Permit for a Religious Institutions Use (6400) on the Property located at 2295 Church Road (Sri Jagannath Society of Greater Chicago - 22-0284 / AU02/4-22.098-CU/R - JS - Ward 1)
PURPOSE:
The Petitioner, Sri Jagannath Society of Greater Chicago, is requesting approval of a Conditional Use Revision for a Religious Institution Use (6400) located at 2295 Church Road
BACKGROUND:
The Subject Property is currently zoned O(C) or Office District with a Conditional Use and is currently being utilized as a Religious Institution. The property was first granted its special use in 2015, in which four conditions were place on the property. In 2020, a revision to the conditional use was approved, which removed two of the four conditions, but upheld two conditions. The two conditions still active are that the use not be expanded beyond its current footprint and that a revision to the Conditional Use will be required if a portion of the building were to be used as a priest residence.
The Petitioner is requesting approval of a Conditional Use Revision for a Religious Institution Use (6400) in order to remove those final conditions. The Petitioner came to staff only requesting to remove the condition regarding a priest’s residence, but staff feels that neither of the remaining conditions that would require an additional Public Hearing process will be necessary.
DISCUSSION:
Staff has reviewed the Conditional Use Ordinance petition and have determined that it meets the applicable codes and ordinances. Additional conditions are being recommended in order to guide future development of the site.
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
Staff wanted to briefly touch upon the Findings of Fact that are required for Conditional Use Petitions:
1. Will the establishment, maintenance or operation of the conditional use be
unreasonably detrimental to or endanger the public health, safety, morals, comfort,
or general welfare?
Staff does not believe the establishment, maintenance or operation of the conditional use will be
unreasonably detrimental to or endanger the public health, safety, morals, comfort,
or general welfare. This use has operated for over seven years with no issue and has been an asset to the community
2. Will the conditional use be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted or substantially diminish
and impair property values within the neighborhood; factors including but not
limited to lighting, signage and outdoor amplification, hours of operation, refuse
disposal areas and architectural compatibility and building orientation?
Staff believes the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity. As previously stated, this use has been active for seven years without issue.
3. Will the establishment of the conditional use impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district?
Staff believes that the establishment of this conditional use will not impede the normal and orderly development and improvement of surrounding property. Staff believes that this use blends well with the existing character of the neighborhood
4. Will the proposal provide for adequate utilities, access roads, drainage, and/or
other necessary facilities as part of the conditional use?
Staff believes that the proposal provides adequate utilities, access roads, and drainage. No change in the structure is proposed at this time.
5. Does the proposal take adequate measures, or will they be taken to provide
ingress and egress so designed to minimize traffic congestion in the public streets?
Staff believes the proposal takes adequate measure to provided ingress and egress to the site. No change in the site is proposed at this time and there is no reason to believe traffic will substantially increase.
6. Does the conditional use in all other respects conform to the applicable regulations
of the district in which it is located, except as such regulations may in each instance
be modified by the city council pursuant to the recommendations of the
commission?
Staff believes that the conditional use in all other respects conforms to the applicable regulations of the district.
POLICIES AND GUIDELINES:
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.
11.1 (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.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended CONDITIONAL APPROVAL of the An Ordinance Granting Revisions to the Conditional Use Permit for a Religious Institutions Use (6400) on the Property located at 2295 Church Road, with the following conditions:
1) That a Final Plan process will be required if the building is expanded beyond its existing footprint.
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit “B” Memorandum of Agreement
Property Maps
Plat of Survey
cc: Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting Revisions to the Conditional Use Permit for a Religious Institutions Use (6400) on the Property located at 2295 Church
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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, Sri Jagannath Society of Greater Chicago, is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated April 5, 2022, Sri Jagannath Society of Greater Chicago filed with the City of Aurora a petition Requesting approval of a Conditional Use Revision for a Religious Institution Use (6400) located at 2295 Church Road in the form of Exhibit “B” attached hereto, and have been duly submitted to the Corporate Authorities of the City of Aurora for review for the property described in Exhibit “A”; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on May 18, 2022, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on May 25, 2022, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said petition 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 and Zoning Commission, finds that the proposed Conditional Use is not contrary to the purpose and intent of Chapter 49 of the Code of Ordinances, City of Aurora.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois,
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 Sec. 104.3 of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, and Article V of Chapter 34 of the Code of Ordinances, City of Aurora a Conditional Use permit is hereby granted for a use for the real estate property legally described in Exhibit “A”.
Section Six: That this Conditional Use permit hereby granted is solely for the purpose of a 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 conditional 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 Conditional Use permit is granted specifically contingent upon the following conditions:
1.) That a Final Plan process will be required if the building is expanded beyond its existing footprint.
Section Eight: 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 conditional 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”, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Article V of Chapter 34 of the Code of Ordinances, City of Aurora.
Section Ten: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of O(C) Office District with a Conditional Use and upon termination of the use of said property for a Religious Institution use, this Conditional Use permit shall terminate and the classification of O(C) Office District with a Conditional Use shall be in full force and effect.
Section Eleven: That this Religious Institution use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.