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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: August 21, 2014
SUBJECT:
An Ordinance Granting a Special Use Permit with a Preliminary Plan for a Day Care on the Property located on the south side of Liberty Street between Station Boulevard and State Route 59, Aurora, Illinois, 60504 (Meijer, Inc. / Land of Learning Montessori, LLC - 14-00543 / NA21/2-13.439-Su/Ppn - TV - Ward 10) (PUBLIC HEARING)
PURPOSE:
The Petitioner, Land of Learning Montessori, LLC, has submitted a Special Use Petition with a Preliminary Plan for the property located on the south side of Liberty Street between Station Boulevard and State Route 59. The Special Use being requested is for a Montessori School (Use Category 6310 Day care). The proposal consist of constructing a 33,886 square foot Montessori School with an outdoor play area on 3.79 acres. The proposed school will utilize the existing private drive located on Meijer's property to provide access to this site. There is a total of 136 parking spaces, of which 5 are handicapped. In addition, the Petitioner will be constructing a stormwater detention facility at the northwest corner of the property.
BACKGROUND:
The Subject Property is currently vacant land with ORI(S) zoning, which is part of the Meijer Special Use Planned Development.
DISCUSSION:
Staff has reviewed the Special Use petition with the Preliminary Plan, submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made all the requested changes to these documents and they now meet all of the applicable codes and ordinances.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this project will increase the City's overall tax base and viability by facilitating investment and development which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
The Plan Commission recommends CONDITIONAL APPROVAL of the Ordinance Granting a Special Use Permit with a Preliminary Plan for a Day Care on the Property located on the south side of Liberty Street between Station Boulevard and State Route 59, Aurora, Illinois, 60504, with the following conditions:
1) That the Petitioner provide the City of Aurora with a recorded copy of a cross access easement between the property owners to allow access from the private drive on Meijer's property.
2) That the Petitioner address the Fire Marshal's comments dated August 15, 2014.
ATTACHMENTS:
Property Research Sheet
Finding of Facts
Legistar Report
Land Use Petition
Preliminary Plan
Fire Plan
cc: Planning and Development Committee:
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 with a Preliminary Plan for a Day Care on the Property located on the south side of Liberty Street between Station Boulevard and State Route 59, Aurora, Illinois, 60504
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, Meijer, Inc. 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, Land of Learning Montessori, LLC filed a Special Use petition with a preliminary plan with the City of Aurora on July 8, 2014, to authorize the use of the property legally described in Exhibit "A" for a Day care (6310); 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 August 20, 2014, with respect to said petition for Special Use permit with a preliminary plan and found that said petition met the standards prescribed by Section 8.10-4.2 and Section 10.6 Standards of Ordinance Number 3100, being the Aurora Zoning Ordinance, and recommended conditional approval of the 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 with a preliminary plan 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 with a Preliminary Plan 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 will in all respects conform to the applicable regulations of the ORI(S) Office, Research, and Light Industrial zoning classification except as varied herein; and
WHEREAS, the City Council, 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,
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, Section 8.10-4.2 and Section 10.6, a Special Use permit is hereby granted for a Day care use (6310) 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 Day care use (6310) 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 Petitioner provide the City of Aurora with a recorded copy of a cross access easement between the property owners to allow access from the private drive on Meijer's property.
2) That the Petitioner address the Fire Marshal's comments dated August 15, 2014.
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 preliminary plan 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 ORI(S) Office, Research, and Light Industrial and upon termination of the use of said property for a Day care use (1630), this Special Use permit shall terminate and the classification of ORI(S) Office, Research, and Light Industrial shall be in full force and effect.
Section Eight: That this Day care use (6310) 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: 14-00543
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Information Sheet
Exhibit "C" Memorandum of Agreement
EXHIBIT "A"
LEGAL DESCRIPTION
For the Special Use with a preliminary plan for the property located on the south side of Liberty Street between Station Boulevard and State Route 59
LOT "ONE A" IN THE RESUBDIVISION OF PART OF LOT ONE OF MEIJER SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF SECTION 21 AND THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 38 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 2007 AS DOCUMENT R2007-048500, IN DUPAGE COUNTY ILLINOIS
Parcel Number(s):07-21-200-052
Commonly known as: south side of Liberty Street between Station Boulevard and State Route 59 located in DuPage County.
EXHIBIT "B"
PLAN INFORMATION SHEET
For the Special Use with a Preliminary Plan for the property located on the side south of Liberty Street between Station Boulevard and State Route 59
Case File Number: NA21/2-13.439-Su/Ppn
Tax Parcel Number: 07-21-200-052
Owner:
Meijer, Inc.
2929 Walker Avenue
Grand Rapids, MI 49504
Preliminary Plan Prepared By:
Woolpert, Inc.
1815 S. Meyers Road, Suite 120
Oakbrook Terrace, IL 60181
Date Plan Received: August 13, 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 with a Preliminary Plan for the property located on the south side of Liberty Street between Station Boulevard and State Route 59
Land of Learning Montessori, LLC, petitioner for the Special Use permit with a preliminary plan for a Day care (6310) located on the south side of Liberty Street between Station Boulevard and State Route 59 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 with preliminary plan 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___.