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TO: Mayor Thomas J. Weisner
FROM: Edward T. Sieben, Zoning Administrator
DATE: March 31, 2014
SUBJECT:
An Ordinance Granting a Special Use Permit for a Religious Institution Use on the Property located at 502 Westgate Drive, Aurora, Illinois, 60506 (LaSalle 115 Holdings, LLC - AU17/3-13.446-Su - ES Ward 5).
PURPOSE:
The petitioner, LaSalle 115 Holdings, LLC, on behalf of purchaser Kingdom Impact Center, is proposing a Special Use Petition on .69 acres for a religious institution located 502 Westgate Drive.
BACKGROUND:
This Special Use petition was referred by the City Council to the Planning Division on March 4, 2014.
Legislative History:
Date Review Body Motion Vote
3/25/2014 Planning Council Forward Unanimous
4/2/2014 Planning Commission Conditional Approval Unanimous.
DISCUSSION:
Pat McManus is pastor of Kingdom Impact Center, a church that has been in the Aurora area for a number of years. They wish to upgrade and occupy the former church building which was constructed in 1957. The building has been vacant for about 10 years and is in a deteriorated state. The building will be updated. In addition, this building never had a parking lot. A new 30 car parking lot will be installed north of the building. New landscaping will be provided, and curb and gutter and storm sewer will be installed on Westgate Drive. The staff is requesting sidewalk be installed on Plum and Westgate. The asphalt and gravel in the ROW will be removed.
IMPACT STATEMENT:
This development will rehabilitate an existing vacant structure and make public improvements at no cost to the City.
RECOMMENDATIONS:
The Planning Commission recommended Conditional Approval of an Ordinance Granting a Special Use Permit for a Religious Institution Use on the Property located at 502 Westgate Drive, Aurora, Illinois, 60506, with the following condition:
1) Landscaping is to be modified as follows: 4 Canopy Trees to be planted in the front yard setback along Plum Street; Foundation Plantings, minimum 18" tall, to be planted along the front foundation of the building; and 36" shrubs, similar to what is proposed on the west property line, to be planted on the north property line.
cc: 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 for a Religious Institution Use on the Property located at 502 Westgate Drive, Aurora, Illinois, 60506
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, LaSalle 115 Holdings, LLC 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, LaSalle 115 Holdings, LLC filed a Special Use petition with the City of Aurora on March 4, 2014, to authorize the use of the property legally described in Exhibit "A" for a religious institution; 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 April 2, 2014, with respect to said petition for Special Use permit and found that said petition met the standards prescribed by Section 4.2-1.3 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 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 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 R-2 One Family Dwelling zoning classification except as varied herein; and
WHEREAS, the City Council, finds that the proposed Final Plan 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: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, Section 4.2-1.3 and Section 10.6, a Special Use permit is hereby granted for a religious institution use 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 religious institution 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 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. Landscaping is to be modified as follows: 4 Canopy Trees to be planted in the front yard setback along Plum Street; Foundation Plantings, minimum 18" tall, to be planted along the front foundation of the building; and 36" shrubs, similar to what is proposed on the west property line, to be planted on the north property line.
2. That any landscaping installed that should die be replaced prior to the next planting season.
3. That the owner agrees to participate in an SSA if one would occur for improvements to Westgate Drive.
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 plans 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 R-2 One Family Dwelling and upon termination of the use of said property for a religious institution use, this Special Use permit shall terminate and the classification of R-2 One Family Dwelling shall be in full force and effect.
Section Eight: That this religious institution use 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: 14-00242
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Information Sheet
Exhibit "C" Memorandum of Agreement
EXHIBIT "A"
LEGAL DESCRIPTION
For the Special Use for the property located at 502 Westgate Drive
Parcel Number(s):15-17-354-035
Commonly Known as: 502 Westgate Drive located in Kane County.
LOTS 134, 135, 136, & 137 OF WESTGATE PARK SECOND ADDITION
EXHIBIT "B"
PLAN INFORMATION SHEET
For the Special Use for the property located at 502 Westgate Drive
Case File Number: AU17/3-13.446-Su
Tax Parcel Number: 15-17-354-035
Owner:
LaSalle 115 Holdings, LLC
111 W. Monroe Street, 4W
Chicago, IL 60606
Plan Prepared By:
WMA
207 S. Naperville Rd.
Wheaton, IL 60187
Date Plan Received: 2/25/2014
Landscape Plan Prepared By:
WMA
207 S. Naperville Rd.
Wheaton, 60187
Date Landscape Plan Received: 2/25/2014
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 for the property located at 502 Westgate Drive
LaSalle 115 Holdings, LLC, petitioner for the Special Use permit for a religious institution located at 502 Westgate Drive 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 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___.