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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: September 17, 2015
SUBJECT:
An Ordinance Granting a Special Use for Educational Services (6100) with a Final Plan for West Aurora School District 129 Freeman Elementary located at 153 S. Randall Road (Whitt Law LLC - L15-00749 / AU20/3-15.160-Su/Fpn - TV - Ward 4)
PURPOSE:
The Petitioner, Whitt Law LLC, is representing West Aurora School District #129 and is requesting approval of a Special Use Permit for Educational Services (6100) with a Final Plan for a school addition for the Freeman Elementary School located at 153 S. Randall Road.
BACKGROUND:
The Subject Property is located at 153 S. Randall Road and is zoned P - Park and Recreation District with the Freeman Elementary School as a longtime grandfathered use.
Freeman Elementary School was originally built in 1928. A ten-room addition was constructed in 1951 and then renovations were performed in 1976 and 2003. The present capacity of the school is 492 students, not including the two double classroom mobile units currently in use. The current enrollment of the school is 569 students, therefore, the building addition is to accommodate the needed classrooms in hope of eliminating the mobile units from the site.
The Final Plan proposal consists of the construction of a 9,550 square foot building addition which will include classrooms and other related educational facilities at the south side of the east wing of the school.
DISCUSSION:
Staff has reviewed the Special Use petition 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.
11.0 To guide the growth of the City in an orderly and structured manner.
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 recommends APPROVAL of the Ordinance Granting a Special Use for Educational Services (6100) with a Final Plan for West Aurora School District 129 Freeman Elementary located at 153 S. Randall Road.
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 Plan
Exhibit “C” Memorandum of Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: L15-00749
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 for Educational Services (6100) with a Final Plan for West Aurora School District 129 Freeman Elementary located at 153 S. Randall Road
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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, West Aurora School District Number 129 is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated August 12, 2015, Whitt Law LLC filed with the City of Aurora a petition requesting approval of a Special Use for Educational Services (6100) and related required documents as attached hereto as Exhibits "B-1" through Exhibit “B-4” for West Aurora School District 129 Freeman Elementary located at 153 S. Randall 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 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 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(6100) and Section 10.6, a Special Use permit is hereby granted for an Educational Services 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 Educational Services 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.
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” Landscaping Plan, Exhibit “B-3” Building and Signage Plan, Exhibit “B-4” Fire Access 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 P - Park and Recreation District and upon termination of the use of said property for Educational Services use, this Special Use permit shall terminate and the classification of P - Park and Recreation District shall be in full force and effect.
Section Ten: That this Educational Services 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.