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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: October 5, 2017
SUBJECT:
An Ordinance Granting a Special Use Permit for a six (6) Modular Classroom Units in effect until September 2018 on the property located at 85 S. Constitution Drive being west of Constitution Drive, south of Galena Boulevard. (St. Paul Lutheran Church - 17-00781 / AU19/1-16.092-Fpn/R-Su/R - AM - Ward 5)
PURPOSE:
The Petitioner St. Paul Lutheran Church is requesting approval of a Special Use Revision to extend the use of the six (6) Modular Classroom Units until September 2018 on the property located at 85 S. Constitution Drive to allow for permanent classrooms to be constructed. .
BACKGROUND:
The Subject Property is located at 85 S. Constitution Drive on 10.5 acres and is the home of St. Paul Lutheran Church and school, with R-1(S) One Family dwelling zoning as part of the Reimer’s Special Use Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
In 2009, the Church received approval for a Special Use for 6 modular classrooms for a period of 3 years. The Campus already included a school for its nursey, pre-school and kindergarten. However, the modular classrooms were to accommodate the relocation of the 1st grade through 8th grade programs from their east side campus which was sold. The temporary modular classrooms were intended to allow time for the School to raise the capital to construct a permanent structure. In 2012, the Church received an extension of the Special Use for another 3 years in order to evaluate options due to the financial downturn and low enrollment at the school. Then again in December 2015, the Church received an extension of the Special Use through July 31, 2016 with conditions that a permanent solution be developed.
The Petitioner is now requesting approval of a Special Use Revision to extend the use of the six (6) Modular Classroom Units until September 2018 on the property located at 85 S. Constitution Drive to construct that permanent solution.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan Revision. The details of the request include a two story addition to the school with three classrooms per floor, and a single story fellowship hall addition on the church for special meetings, events, and dinner's congregation. Additionally the fire department tur-about is being revised from circular to hammerhead, and a low scaled covered entrance is proposed for the main entrance to the church.
DISCUSSION:
As considered with previous extensions Staff has reviewed this Special Use Revision request and, as part of this approval, the Church is being required to meet certain milestones, as stated in the conditions below, to ensure that a permanent solution is imminent. The City will then reconsider the extension of the Special Use for the 6 modular classrooms prior to the beginning of the next school year if necessary.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has not received public inquiries regarding this petition
POLICIES AND GUIDELINES / IMPACT STATEMENT :
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.
14.1(4) To encourage quality site design throughout the City of Aurora.
RECOMMENDATIONS:
The Planning Commission recommended CONDITIONAL APPROVAL of the Ordinance Granting a Special Use Permit for a six (6) Modular Classroom Units in effect until September 2018 on the property located at 85 S. Constitution Drive being west of Constitution Drive, south of Galena Boulevard., with the following conditions:
That the Petitioner shall meet the following milestones:
- By August 31, 2018: The construction of the school addition be completed
- By August 31, 2018: That classes in the new building addition begin
- By September 30, 2018: That the six (6) modular units be removed
ATTACHMENTS:
Exhibit "A" Legal Description
Land Use Petition with Supporting Documents
Property Research Sheet
Land Use Petition and Supporting Documents
Plat of Survey
Legistar Number: 17-00781
cc: Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Special Use Permit for a six (6) Modular Classroom Units in effect until September 2018 on the property located at 85 S. Constitution Drive being west of Constitution Drive, south of Galena Boulevard.
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, St Paul Lutheran Church 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 August 14, 2017, St. Paul Lutheran Church filed with the City of Aurora a petition Requesting approval of a Special Use Revision to extend the use of the six (6) Modular Classroom Units until September 2018 on the property located at 85 S. Constitution Drive Lot 1 ; 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 4, 2017, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on October 12, 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 Revision 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 10.6 and Section 4.2-1.3 a Special Use permit is hereby granted for a Six (6) Modular Classroom Units in effect until November 19, 2017; Day care (6310); 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 Six (6) Modular Classroom Units in effect until November 19, 2017; Day care (6310); 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 on the following conditions:
That the Petitioner shall meet the following milestones:
- By August 31, 2018: The construction of the school addition be completed
- By August 31, 2018: That classes in the new building addition begin
- By September 30, 2018: That the six (6) modular classes be removed
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 R-1(S) One Family Dwelling and upon termination of the use of said property for a Six (6) Modular Classroom Units in effect until November 19, 2017; Day care (6310); Religious Institutions (6400) use, this Special Use permit shall terminate and the classification of R-1(S) One Family Dwelling shall be in full force and effect.
Section Eleven: That this Six (6) Modular Classroom Units in effect until November 19, 2017; Day care (6310); Religious Institutions (6400) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.