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TO: Mayor Robert J. O’Connor
FROM: Planning Commission
DATE: February 9, 2017
SUBJECT:
An Ordinance Granting a Special Use Permit for a Religious Institutions (6400) Use on the Property located at 170 E. Indian Trail being at the southwest corner of Indian Trail Road and Aurora Avenue (Lighthouse Worship Center - 16-01223 / AU15/1-16.139-Su - JM - Ward 1)
PURPOSE:
The Petitioner Lighthouse Worship Center is Requesting approval of a Special Use for a Religious Institutions (6400) use on the property located at 170 E. Indian Trail being at the southwest corner of Indian Trail Road and Aurora Avenue.
BACKGROUND:
The Subject Property is currently vacant with a former restaurant building on the site with B-3 Business and Wholesale zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheets.
The Petitioner is requesting approval of a Special Use for a Religious Institutions (6400) use on the property. The details of the request include minor renovations of the 6,500 square foot building to house a principal sanctuary with 150 seats, a multi-purpose room, a small office, and a kitchen. The current parking lot will be reconfigured and striped for 45 spaces. The vehicular entrance and exit into the site from Indian Trail Road will remain. The Landscape Plan provides additional understory trees along the street. The building will, for now, remain under private ownership and thus will remain on the tax roles.
DISCUSSION:
Staff has reviewed the Special Use petition and have sent comments back to the petitioner 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:
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.
RECOMMENDATIONS:
The Planning Commission recommended CONDITIONAL APPROVAL of the Ordinance Granting a Special Use Permit for a Religious Institutions (6400) Use on the Property located at 170 E. Indian Trail being at the southwest corner of Indian Trail Road and Aurora Avenue, with the following conditions:
1) That the number of seats in the principal sanctuary be limited to 180 seats until such time as a long-term lease agreement can be established with the adjacent property owner for the use of additional parking spaces, at which point the seating capacity may be increased at the equivalent of four seats for every one parking space added.
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit “B” Memorandum of Agreement
Final Plan
Landscape Plan
Land Use Petition with Supporting Documents
Landscape Material Worksheet (1-23)
Property Research Sheets
Legistar History Report
Legistar Number: 16-01223
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 Religious Institutions (6400) Use on the Property located at 170 E. Indian Trail being at the southwest corner of Indian Trail Road and Aurora Avenue
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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, SMS Property Management Inc. 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 December 27, 2016, Lighthouse Worship Center filed with the City of Aurora a petition Requesting approval of a Special Use for a Religious Institutions (6400) use on the property located at 170 E. Indian Trail being at the southwest corner of Indian Trail Road and Aurora Avenue; 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 February 8, 2017, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on February 16, 2017, the Planning and 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 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 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 Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 4.2-1.3 and Section 10.6 a Special Use permit is hereby granted for a Religious Institutions (6400) 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 Religious Institutions (6400) 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 “B” 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 number of seats in the principal sanctuary be limited to 180 seats until such time as a long-term lease agreement can be established with the adjacent property owner for the use of additional parking spaces, at which point the seating capacity may be increased at the equivalent of four seats for every one parking space added.
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 special 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 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 B-3 Business and Wholesale and upon termination of the use of said property for a Religious Institutions (6400) use, this Special Use permit shall terminate and the classification of B-3 Business and Wholesale shall be in full force and effect.
Section Eleven: That this Religious Institutions (6400) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.