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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: November 19, 2015
SUBJECT:
An Ordinance Granting a Special Use Permit for an Educational Services Use on the Property located at 724 Pennsylvania Avenue (Whitt Law LLC - L15-00963 / AU16/4-15.163-Rz/Su/Fpn - TV - WARD 6)
PURPOSE:
The Petitioner, Whitt Law LLC, is representing West Aurora School District #129, and is requesting approval of a Special Use for an Educational Services (6100) Use with a Final Plan for the West Aurora School District 129 Nancy Hill Elementary School property located at 724 Pennsylvania Avenue.
BACKGROUND:
The Subject Property is generally located at 724 Pennsylvania Avenue with Nancy Hill Elementary School as a longtime grandfathered use.
In 1888, a one-room schoolhouse was opened at the corner of Pennsylvania and Illinois Avenues. Four years later, a second floor with four classrooms was added. On June 11, 1928, after another addition was completed, the school was renamed to honor Nancy L. Hill, who had taught in the District for seven years and served as a principal for another nineteen years. In 1956, the School District completed another addition. The present capacity of the school building is 617 students and the present enrollment of the school is 614 students.
The Special Use and Final Plan Proposal is for a Special Use for an Educational Services (6100) Use. The Final Plan proposal includes the construction of a new building on the west side of the site and the demolition of the existing building after completion. The new school building will be approximately 72,330 square feet and will have a target capacity of 750 students. Along with the new building, an 80 space parking lot is also being proposed on the southeast portion of the property where the existing school currently is located. Access into the site will be from Pennsylvania with a drive around the parking lot to provide stacking for drop off and departure. The Final Plan proposal also includes landscaping to be implemented throughout the site, signage and building elevations.
The Rezoning proposal, which is under separate action being reviewed and approved concurrently, consist of rezoning the Subject Property from R-1 and R-3 One Family Dwelling Districts to P Park and Recreation District. This zoning is consistent with other school sites in this district.
DISCUSSION:
Staff has reviewed the 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.
Staff has worked with the School District to provide vehicle stacking capacity on site to provide some relief for the existing traffic impacts within the neighborhood. In addition, Staff will be working with the School District to create a Departure Procedure for Nancy Hill School to provide for safe and efficient use of the vehicle stacking capacity and improving the safety for walkers.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received public inquiries requesting additional information on this petition.
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.
11.0 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.
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 Granting a Special Use Permit for an Educational Services Use on the Property located at 724 Pennsylvania Avenue with the following conditions:
1. That a Plat of Subdivision be submitted and approved within 180 days of the approval of this Special Use.
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit "B-1" Final Plan
Exhibit "B-2" Landscape Plan
Exhibit "B-3" Building and Signage Elevations
Exhibit “B-4” Fire Access Plan
Exhibit “C” Memorandum of Agreement
Finding of Facts
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: L15-00963
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 Special Use Permit for an Educational Services Use on the Property located at 724 Pennsylvania Avenue
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, West Aurora School District #129 is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated October 22, 2015, Whitt Law LLC filed with the City of Aurora a petition requesting approval of a Special Use for an Educational Services (6100) Use with a Final Plan for the West Aurora School District 129 Nancy Hill Elementary School property located at 724 Pennsylvania Avenue and related required documents as attached hereto as Exhibits "B-1" through Exhibit “B-4”; 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 November 18, 2015, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on November 23, 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 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: 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 Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 4.3(6100) and Section 10.6 a Special Use permit is hereby granted for an Educational Services use for the real estate property legally described in Exhibit “A”.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Educational Services 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 special use.
Section Seven: 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 a Plat of Subdivision be submitted and approved within 180 days of the approval of this Special Use.
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 plans attached hereto as Exhibit "B-1" Final Plan, Exhibit “B-2” Landscape Plan, Exhibit “B-3” Building and Signage Elevations, Exhibit “B-4” Fire Access Plan the City Council may 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 Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Ten: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of P - Park and Recreation District and upon termination of the use of said property for an Educational Services use, this Special Use permit shall terminate and the classification of P - Park and Recreation District shall be in full force and effect.
Section Eleven: That this Educational Services use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Twelve: That the Final Plan and related required documents, subject to Final Engineering approval, as attached hereto as Exhibit "B-1" Final Plan, Exhibit “B-2” Landscape Plan, Exhibit “B-3” Building and Signage Elevations, Exhibit “B-4” Fire Access Plan along with any dedications deemed necessary by the Aurora City Engineer are hereby approved.