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TO: Mayor Thomas J. Weisner
FROM: Janell Roehlk, Planner
DATE: January 23, 2014
SUBJECT:
The petitioner, Dolan-Lies, LLC, is proposing a Special Use Petition on 1.97 acres to operate a not-for-profit institution of higher education for St. Augustine College located at 841 N. Lake Street.
PURPOSE:
The petitioner, Dolan-Lies, LLC, is requesting a Special Use Permit for an Educational Services use to allow St. Augustine College within the existing vacant building located at 841 N. Lake Street.
BACKGROUND:
This Special Use petition was referred by the City Council to the Planning and Zoning Division on November 12, 2013. The petition could not be heard at the January 8, 2014, Planning Commission since there was not a quorum.
Legislative History:
Date Review Body Motion Vote
1/22/2013 Planning Commission Conditional Approval Unanimous
1/8/2014 Planning Commission No Action - Continued N/A
12/17/2013 Planning Council Forward Unanimous
DISCUSSION:
Development Proposal:
The proposal consists of Special Use permit for an Educational Services use for the not-for-profit St. Augustine College. The proposed college will occupy the entire 18,462 square foot two-story building. A 10-foot landscape setback area is proposed along Lake Street. A total of 52 parking spaces are proposed on the Subject Property, which meets the City's requirement.
Evaluation:
Staff has reviewed the Special Use petition submitted by the petitioner. The Subject Property complies with the City's parking requirement for an educational facility.
The Subject Property is designated Commercial land use on the City of Aurora's Comprehensive Plan, which the proposed Special Use is in accordance said land use.
The Planning Commission recommended Conditional Approval of the Special Use petition and concurred with Staff's recommended conditions. The petitioner indicated during the Planning Commission meeting that they were agreeable to the conditions.
Public Input:
Due public notice was given for the public hearing on this matter. No witnesses came forward at the January 22, 2014, public hearing. As of the date of this memo, staff has received one public inquiry regarding this petition.
IMPACT STATEMENT:
This item will increase the tax base and overall viability of the City, which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:rec
Planning Commission recommended Conditional Approval of the Special Use Petition on 1.97 acres to operate a not-for-profit institution of higher education for St. Augustine College located at 841 N. Lake Street by Dolan-Lies, LLC, with the following conditions:
1. That upon redevelopment of the adjacent northern property, the remaining 1 parking space will need to conform to the 10 foot wide curbed landscape setback.
2. That 40 shrubs and 1 ornamental tree be added within the 10 foot landscape setback area located along N. Lake Street.
3. That the proposed landscaping shrub symbol(s) amount need to reflect the proposed amount on the Final Plan document.
4. That private light pole(s) be added to the rear parking lot.
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 an Educational Services use located at 841 N. Lake Street, Aurora, Illinois
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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, MKG Properties, 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, MKG Properties, LLC filed a Special Use petition with the City of Aurora on Date, to authorize the use of the property legally described in Exhibit "A" for an Educational Services use; 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 January 22, 2014, with respect to said petition for Special Use permit and found that said petition met the standards prescribed by Section 10.6-5 Standards of Ordinance Number 3100, being the Aurora Zoning Ordinance, and recommended the Special Use be granted subject to the following conditions:
1. That upon redevelopment of the adjacent northern property, the remaining 1 parking space will need to conform to the 10 foot wide curbed landscape setback.
2. That 40 shrubs and 1 ornamental tree be added within the 10 foot landscape setback area located along N. Lake Street.
3. That the proposed landscaping shrub symbol(s) amount need to reflect the proposed amount on the Final Plan document.
4. That private light pole(s) be added to the rear parking lot.
5. That the property described in Exhibit "A" be developed in accordance with the Final Plan and Landscape Plan described on Exhibit "B".
6. That any landscaping installed that should die be replaced prior to the next planting season.
7. That the petitioner agrees to implement the above-stated conditions and sign the Memorandum of Agreement attached hereto as Exhibit "C" within fourteen (14) days from the date of passage of this Ordinance.
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 B-2 Business District-General Retail and R-5A Midrise Multiple-Family Dwelling District zoning classifications except as varied herein;
WHEREAS, the City Council, 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: 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 Three: That this Special Use permit hereby granted is solely for the purpose of an 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 Four: That said Special Use permit is granted specifically contingent upon the following conditions:
1. That upon redevelopment of the adjacent northern property, the remaining 1 parking space will need to conform to the 10 foot wide curbed landscape setback.
2. That 40 shrubs and 1 ornamental tree be added within the 10 foot landscape setback area located along N. Lake Street.
3. That the proposed landscaping shrub symbol(s) amount need to reflect the proposed amount on the Final Plan document.
4. That private light pole(s) be added to the rear parking lot.
5. That the property described in Exhibit "A" be developed in accordance with the Final Plan and Landscape Plan described on Exhibit "B".
6. That any landscaping installed that should die be replaced prior to the next planting season.
7. That the petitioner agrees to implement the above-stated conditions and sign the Memorandum of Agreement attached hereto as Exhibit "C" within fourteen (14) days from the date of passage of this Ordinance.
Section Five: That should any of the above-stated conditions not be met, 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 classifications of B-2 Business District-General Retail and R-5A Midrise Multiple-Family Dwelling District and upon termination of the use of said property for an Educational Services use, this Special Use permit shall terminate and the classifications of B-2 Business District-General Retail and R-5A Midrise Multiple-Family Dwelling District shall be in full force and effect.
Section Eight: That this Educational Services 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
EXHIBIT "A"
LEGAL DESCRIPTION
For the property located at 841 N. Lake Street, Kane County, IL
THAT PART OF LOT 8 OF OWNER'S PLAT OF PART OF THE WEST 1/ 2 OF SECTION 15, TOWNSHIP 38 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 9, 1963 AS DOCUMENT 998725 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8; THENCE SOUTH 89 DEGREES EAST
ALONG THE SOUTH LINE OF SAID LOT 8 468.66 FEET TO A POINT THAT IS 321.45 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT, AS MEASURED ALONG SAID SOUTH LINE; THENCE NORTH 1 DEGREE 12 MINUTES EAST, 233.99 FEET TO A POINT ON A NORTH LINE OF SAID LOT 8; THENCE NORTH 89 DEGREES 7 MINUTES WEST ALONG SAID NORTH LINE 269.34 FEET TO THE NORTHEAST CORNER OF LOT 7 OF SAID OWNERS PLAT; THENCE SOUTH 8 DEGREES 37 MINUTES EAST ALONG THE EAST LINE OF SAID LOT 7 90 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7; THENCE CONTINUING SOUTH 8 DEGREES 37 MINUTES EAST ALONG SAID EAST
LINE OF LOT 7 EXTENDED 30 FEET; THENCE NORTH 89 DEGREES 7 MINUTES WEST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 7, 285.23 FEET TO A POINT ON THE MOST WESTERLY LINE OF SAID LOT 8 THAT IS 30 FEET SOUTH OF THE SOUTHWEST CORNER OF SAID LOT 7 AS MEASURED ALONG SAID MOST WESTERLY LINE; THENCE SOUTH 8 DEGREES 37 MINUTES EAST
ALONG SAID MOST WESTERLY LINE OF LOT 8 116.28 FEET TO THE POINT OF BEGINNING, IN THE CITY OF AURORA, KANE COUNTY, ILLINOIS.
Parcel Number: 15-15-176-062
Commonly Known as: 841 N. Lake Street.
EXHIBIT "B"
INFORMATION SHEET
For the Final Plan with Landscaping for the property located at 841 N. Lake Street, Aurora, IL
Case File Number: AU15/1-13.447-Su
Tax Parcel Number: 15-15-176-062
Owner: Dolan-Lies, LLC
765 Orchard Avenue
Aurora, IL 60506
Date Final Plan Received by Planning: December 20, 2013
Final Plan Prepared By: Themes Architecture
346 N. Lake Street
Aurora, IL 60506
NOTE: A COPY OF THIS PLAN AS REFERENCED HEREON IS ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.
EXHIBIT "C"
MEMORANDUM OF AGREEMENT
For the Special Use permit for the property located at Address, Aurora, IL
Petitioner's name, petitioner for the Special Use permit for Petition Title located at Address 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 ___________________, 2014.
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 2014.
________________________________
Notary Public
My Commission Expires ____________________ , 20___.