Aurora, Illinois

File #: 15-00597    Version: Name: Tennis Academy / Lot 4 Eola Crossing / Special Use / Variance / Final Plan
Type: Ordinance Status: Passed
File created: 7/1/2015 In control: City Council
On agenda: 10/29/2015 Final action: 11/10/2015
Title: An Ordinance Granting a Special Use Permit for a Special Purpose Recreational Use and Granting a Parking Variance on Lot 1 of Eola Crossing 4th Resubdivision
Attachments: 1. Exhibit "A" Legal Description.pdf, 2. Exhibit "B-1" Final Plan - 2015-09-22 - 2014.358.pdf, 3. Exhibit "B-2" Landscape Plan - 2015-10-30 - 2014.358.pdf, 4. Exhibit "B-3" Building and Signage Elevations - 2015-09-22 - 2014.358.pdf, 5. Exhibit "B-4" Fire Access Plan - 2015-09-22 - 2014.358.pdf, 6. Exhibit "C" Memorandum of Agreement.pdf, 7. Land Use Petition and Supporting Documentation - 2015-07-01 - 2014.358.pdf, 8. ALTA Survey - 2015-07-01 - 2014.358.pdf, 9. Community Research Table - Recreational Facilities.pdf, 10. Response Letter from John Phillipchuck - 2015-08-25-2014.358.pdf, 11. Property Research Sheet - 2015-10-21 - 2014.358.pdf, 12. Legistar History Report (Special Use) - 2015-10-26 - 2014.358.pdf

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TO:                     Mayor Thomas J. Weisner

 

FROM:                     Planning Commission

 

DATE:                     October 22, 2015

 

SUBJECT:

An Ordinance Granting a Special Use Permit for a Special Purpose Recreational Use and Granting a Parking Variance on Lot 1 of  Eola Crossing 4th Resubdivision located at 2360 and 2390 S. Eola Road (Eola Tennis Academy - L15-00597 / WH06/4-14.358-Fsd/R/Su/Fpn/V - TV - WARD 9)  

 

PURPOSE:

The Petitioner, Eola Tennis Building LLC, is requesting approval of a Special Use for a special purpose recreational facility (5200) with a Final Plan and a parking variance on Lot 1 of Eola Crossing 4th Resubdivision for a tennis academy.  

 

BACKGROUND:

The Subject Property is located at 2360 and 2390 S. Eola Road and is currently vacant with PDD Planned Development District zoning.  The property is part of the Noggle Farm Planned Development District.

 

The Petitioner is requesting a Special Use for a special purpose recreational facility and is proposing to develop this property as a tennis academy for tennis instruction. The Final Plan proposal includes landscaping to be implemented throughout the site, signage and building elevations.  The project consists of the construction of a 27,600 square foot metal paneled building with a metal roof, and an 84 space surface parking lot.  The facility is proposed to include 4 tennis courts, and ancillary office, restroom, and fitness areas.  As part of the Special Use proposal, the Petitioner is requesting a reduction in the number of parking spaces required for this use by 45 spaces. 

 

The Final Plat proposal, which is under separate action being reviewed and approved concurrently, consists of consolidating two lots into one so that the project is on one platted lot.  

 

DISCUSSION:

Staff has reviewed the Special Use petition and have sent comments back to them on those submittals.   The petitioner has made certain requested revisions to these documents however, there are some outstanding comments regarding the number of parking spaces and the building elevations. 

 

Parking:

The City's parking requirement table is based on the "Structure Type" that is being constructed, this approach is based on the long term viability of our community and the ever changing economic landscape.  The Petitioner is proposing a 25,800 sq. ft. (excluding mechanical room and restrooms) Recreational Facilities Structure (2400), which requires 1 parking space per 200 sq. ft. or 129 parking spaces.  The Petitioner has incorporated some of Staff's recommendations into the plan, which has brought the current proposed parking count to 84 spaces.  However, the plan is still 45 spaces short of providing adequate parking to preserve the long term viability of the structure being built.  There are options available to the Petitioner to meet this requirement including purchasing an additional 50 feet of vacant land to the north, or securing long term lease(s) on adjacent properties in order to meet the parking requirement. 

 

The use the Petitioner is requesting is a Special Purpose Recreational Facility (5200).  This is different than structure in that, as the Commission is aware, these uses have been allowed in a variety of structures including retail strip centers and warehouse buildings.   Due to the unique nature of this use it has been categorized as a Special Use in order for the Planning Commission and the City Council to consider some of the distinctive impacts. 

 

One of the major impacts of recreational facilities is the intensity of vehicles traveling and parking on the roads/drives and parking lots.  Therefore the number of parking spaces provided is one of the most important factors to be evaluated.  

 

The Petitioner has supplied a narrative of the anticipated use of the facility as part of the qualifying statement.  The proposal is that the facility will be limited to four courts to be used mainly for training and coaching, and that parking demand can be reduced through staffing levels, lesson scheduling, and by encouraging non-driving age students to be dropped off by parents/driver in lieu of staying at the facility. 

 

While these types of limitations on the business can help reduce parking demand in the short term, they are impossible for the City to regulate.  The facility may also be host to special events and/or competitions and the approximate occupancy according to the Fire Marshall is 525 persons.  Historically parking demand at recreation facilities continues to climb as youth and adult sport clubs continue to be successful over time.  Just recently, there has been two Aurora recreational facilities that have constructed additional on and off site parking to supplement their on the ground need.  They found that the lack of adequate parking was impeding their business, clients were illegally parking at other adjacent businesses, and the City was seeing wall to wall overflow parking on the areas public streets.     

 

Staff has researched the parking regulations for recreational facilities in other communities and found that most are consistent with the City's regulations.  (see attached table)  Many communities have gone to a general recreation category, and the number of parking spaces required in Aurora is about in the middle.  There are a number of communities which still have a separate category for tennis courts and clubs with very low parking requirements.  In contacting these communities, generally they have not had the influx of indoor sporting facilities and so their regulations have not been updated to reflect this recent phenomenon.

 

Building Elevations:

The building elevations which were part of the original submittal included façade of corrugated metal and split block.  In order to be consistent with the quality of building materials used on the other lots in this development, Staff requested that that the building façade be upgraded to a higher quality building material such as masonry or pre-cast, and that architectural design elements be incorporated to provide interest and break up the large building face(s). The Petitioner did replace the corrugated metal with insulated metal panel siding, however this change does not result in a building consistent with the character of the area.  

 

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.

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:

Based on the Discussion and Physical Development policies sections above the Planning Commission recommends CONDITIONAL APPROVAL of the Ordinance Granting a Special Use Permit for a Special Purpose Recreational Use and Granting a Parking Variance on Lot 1 of Eola Crossing 4th Resubdivision with the following conditions:

 

1. That this Special Use shall be limited to tennis training and shall prohibit any other recreational uses or sporting activities. This Special Use limitation shall be recorded on the property.

 

2. That the Petitioner work with Staff to determine a mutually agreeable, energy efficient, affordable building façade.

 

3. That the Landscape Material Data Table be removed from the Landscape Plan, as these material are included on the Landscape Material Worksheet and subject to review at the time of Building Permit.  

 

Notes: Regarding Condition #3 the Techny Arborvitae is categorized as an Evergreen Shrub not an Evergreen Tree.  This is reflected on the attached Landscape Material Worksheet. 

 

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

Land Use Petition with Supporting Documents

Property Research Sheet

Community Research Table: Recreation Facilities

Response Letter from John Philipchuck

 

Legistar Number: L15-00597

 

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 Special Purpose Recreational Use and Granting a Parking Variance on Lot 1 of Eola Crossing 4th Resubdivision

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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, Eola Tennis Building LLC is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and

 

WHEREAS, by petition dated July 1, 2015, Eola Tennis Building, LLC filed with the City of Aurora a petition Requesting approval of a Special Use for a special purpose recreational facility (5200) with a Final Plan and parking variance located at 2360 and 2390 S. Eola Road 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 October 21, 2015, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and

 

WHEREAS, on October 29, 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 4.3.(8000) and Section 10.6, a Special Use permit is hereby granted for a Special Purpose Recreational 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 Special Purpose Recreational 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 Final Plan and related required documents 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.

 

Section Seven: That the following variation are hereby granted from the standards of Ordinance No. 3100, being the Aurora Zoning Ordinance:

 

                     Section 8.3-5.10 Parking and Loading - Reducing the parking space requirement for a tennis training Special Purpose Recreational Use from 129 to 84, being a 45 parking space variance.  For all other Special Purpose Recreational Uses and B-2 uses, the standard parking regulations shall apply.

 

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 the Petitioner recognizes that the use of the site is limited to a tennis training facility by the available parking and that the amount of parking currently provided prohibits any other recreational uses or sporting activities. This limitation shall be recorded on the property.

 

2. That the Petitioner work with Staff to determine a mutually agreeable, energy efficient, affordable building façade.

 

3. That the Landscape Material Data Table be removed from the Landscape Plan, as these material are included on the Landscape Material Worksheet and subject to review at the time of Building Permit.  

 

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 Exhibits "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.Page

 

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 PDD Planned Development District and upon termination of the Special Purpose Recreational use of said property for a use, this Special Use permit shall terminate and the classification of PDD Planned Development District shall be in full force and effect.

 

Section Eleven:  That this Special Purpose Recreational use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.

 

Section Twelve:  That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.