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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: September 17, 2015
SUBJECT:
An Ordinance Granting a Special Use Permit for a Special Purpose Recreational Institution Use (5200) on the Lot 3A-4 of Eola Crossing 3rd Resubdivision located at 2300 S. Eola Road, Aurora, Illinois, 60503 (Crunch Fitness / Horizon Realty Services, Inc. - L15-00642 / WH06/4-15.102-SU - TV - Ward 9)
PURPOSE:
The Petitioner, Horizon Realty Services, Inc., on behalf of Crunch Fitness, is requesting approval of a Special Use Permit for a Special Purpose Recreational Use (5200) on the Lot 3A-4 of Eola Crossing 3rd Resubdivision located at 2300 S. Eola Road for Crunch Fitness.
BACKGROUND:
The Subject Property is located at 2300 S. Eola Road and is the former Ace Hardware building which has been closed for approximately 3 years. The property is zoned PDD Planned Development District and is part of the Noggle Farm Planned Development.
The Petitioner is requesting a Special Use Permit for a Special Purpose Recreational Facility use for Crunch Fitness. Crunch Fitness is proposing to occupy the now vacant building which will be remodeled to accommodate their needs. As part of their proposal the parking lot will be reconfigured providing a total of 89 parking spaces. The landscaping will also be supplemented throughout the parking lot and adjacent to the building to meet the City's requirements. The Petitioner will be re-facing the existing ground sign.
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.
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.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
31.1(3) To promote the development of commercial facilities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning Commission recommends CONDITIONAL APPROVAL of the Ordinance Granting a Special Use Permit for a Special Purpose Recreational Institution Use (5200) on the Lot 3A-4 of Eola Crossing 3rd Resubdivision located at 2300 S. Eola Road, Aurora, Illinois, 60503, with the following conditions:
1. That Engineering Plans be provided directly to the Engineering Division at the time of building permit submittal, and Final Engineering approval must be obtained prior to any building permit issuance.
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
Legistar History Report
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: L15-00642
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 Institution Use on the Lot 3A-4 of Eola Crossing 3rd Resubdivision located at 2300 S. Eola Road, Aurora, Illinois, 60503
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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, Buikema #18 LLC is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated July 16, 2015, Horizon Realty Services, Inc. filed with the City of Aurora a petition Requesting approval of a Special Use Permit for a Special Purpose Recreational Use and related required documents as attached hereto as Exhibits "B-1" through Exhibit “B-4” on the Lot 3A-4 of Eola Crossing 3rd Resubdivision located at 2300 S. Eola Road; 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 September 16, 2015, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on September 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 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 (5200) and Section 10.6, 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 Five: That this Special Use permit hereby granted is solely for the purpose of a Special Purpose Recreational Facility 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 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 Engineering Plans shall be provided to the Engineering Division prior to building permit issuance which shall be contingent upon Final Engineering approval.
Section Seven: 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 Plan, Exhibit “B-4” Fire Plan, the City Council shall take the necessary steps to repeal this Ordinance.
Section Eight: 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 Nine: 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 use of said property for a Special Purpose Recreational Facility use, this Special Use permit shall terminate and the classification of PDD Planned Development District shall be in full force and effect.
Section Ten: That this Special Purpose Recreational Facility use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Eleven: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.