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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: June 19, 2020
SUBJECT:
An Ordinance Granting Revisions to the Special Use Permit for a Religious Institutions (6400) Use on the Property located at 2295 Church Road (Sri Jagannath Society of Greater Chicago - 20-0234 / AU02/4-20.013-Su - JS - Ward 1) (PUBLIC HEARING)
PURPOSE:
The Petitioner, Sri Jagannath Society of Greater Chicago, is requesting approval of a Special Use for a Religious Institutions (6400) use located at 2295 Church Road
BACKGROUND:
The Subject Property is currently a church use which is O(S) Office District with a Special Use zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of a special use for a Religious Institutions (6400) use located at 2295 Church Road. The property was granted a special use in 2015, which is set to terminate in June of this year. The Petitioner is requesting to eliminate the condition that terminates the special use allowing a church. There are two other conditions that were placed on the previous special use that are being kept on the special use, which are listed below
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.
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:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1 (3) To encourage new development contiguous to existing development.
11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components
RECOMMENDATIONS:
The Planning Commission recommended CONDITIONAL APPROVAL of the Ordinance Granting Revisions to the Special Use Permit for a Religious Institutions (6400) Use on the Property located at 2295 Church Road, with the following conditions:
1) That the Religious Institution use not expand beyond the existing footprint of the building, nor shall new construction be allowed.
2) That a revision to the Special Use would be required if a portion of the building is used as a residence.
ATTACHMENTS:
Exhibit "A-1" Legal Description
Plat of Survey
Property Research Sheet
Finding of Facts
Land Use Petition and Supporting Documents
cc: Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco
Alderman Robert J. O’Connor
Alderman Juany Garza
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance granting revisions to the Special Use Permit for a Religious Institutions (6400) Use on the Property located at 2295 Church Road)
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, is the owner of record of the real estate legally described on Exhibit “A-1”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A-1”; and
WHEREAS, by petition dated March 26, 2020, Sri Jagannath Society of Greater chicago filed with the City of Aurora a petition Requesting approval of a Special Use Revision for a Religious Institutions (6400) use located at 2295 Church Road and related required documents as attached hereto as Exhibit "A-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 June 17, 2020, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on June 24, 2020, the Building, Zoning and Economic 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 10.6 and Section 4.3 (6400) a Special Use permit is hereby granted for a Religious Institutions (6400) use for the real estate property legally described in Exhibit “A-1”.
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 Religious Institution use not expand beyond the existing footprint of the building, nor shall new construction be allowed.
2) That a revision to the Special Use would be required if a portion of the building is used as a residence.
Section Eight: That should any of the above-stated conditions not be met or that the property described in Exhibit “A-1” 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-1”, 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-1” shall remain in the underlying zoning classification of O(S) Office District with a Special Use 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 O(S) Office District with a Special Use 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.