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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: June 10, 2016
SUBJECT:
An Ordinance Granting a Special Use Permit for a Religious Institution (6400) use on the Property located at 303 N. Lake Street (Ministerios Adonai - 16-00285 / AU22/1-15.277-Su/Fpn - ES - Ward 6)
PURPOSE:
The Petitioner, Ministerios Adonai, is requesting approval of a Special Use for a Religious Institution (6400) use on the property located at 303 N. Lake Street
BACKGROUND:
The Subject Property is located at 303 N. Lake Street and is currently utilized as an 18,787 sf. office building with B-2 General Retail zoning. There are 42 parking spaces on site. The building was constructed in 1956. The Comprehensive Plan for this area, which is an extension of the Downtown area, calls for Mixed Use: Office/Research/Commercial/ Residential.
A Special Use is required for this change in use per Sec. 4.2-1 Religious Institutions of the AZO if certain requirements are not met. Those items which are not met on this site are: (C) Green space; at least twenty-five (25) percent of that portion of the lot shall be landscaped and maintained with grass or other living ground cover, and shall be landscaped pursuant to applicable ordinance, and (F) Parking requirements; Religious institutions shall provide parking spaces as required in the Off-Street Parking and Loading Section of the Bulk Restriction section in the AZO. Currently, only 8 percent of the lot is in green space, and based on the limited use of the occupied space the required parking is 71 spaces. Therefore this site does not meet the green space or parking requirement.
The property has been owned by Lutheran Bible Translators since 1984 and the property has been tax exempt. They vacated the building in late Summer 2015, and have put it on the market. Their use was as an office.
The details of the proposal include the purchase of the property by Ministerios Adonai and remodeling the building for sanctuary space for religious services and to have Sunday school classrooms and office use. The petitioner currently owns and operates their church at 543 S. Lake Street. They have been there since 2006.
The proposal is to create a sanctuary for religious services on the first floor with 273 seats plus using 4 offices and 5 classroom spaces on both levels for Ministry efforts. They currently have about 200 members. Because the building is not sprinkled, per the Building Code, the maximum occupant count is 299. The architect is indicating no more than 283 occupants at any one time. The floor plan indicates besides the sanctuary seating, there are 24 office/classrooms, 2 kitchens, and 1 large open area which could accommodate large gatherings. Remodeling the building for a sprinkler system would allow full use of these spaces in the future, resulting in a large increase in the potential parking demand.
Concurrently, under separate action, a Final Plan for the church is being requested.
DISCUSSION:
Staff has concerns on the change in intensity of the use of the building in the proposed conversion from office to assembly use as it relates to the limited parking on site. A minimum of 71 off-street parking spaces are required based on the building code limited 283 occupant load proposed. 299 occupants are actually allowed without a sprinkler system (75 parking spaces required). As proposed, only 59% of the required 71 off-street parking spaces are provided.
As mentioned earlier, the congregation currently meets at 543 S. Lake Street. That church building is a much smaller space with only 4,749 sf. There are also 36 off-street parking spaces there. Despite being a much smaller space then proposed here, and only 6 less parking spaces, the congregation generates a great deal of traffic and parking on streets in the surrounding area during services on Fridays and Sundays.
The Qualifying Statement supplied by the petitioner also indicates that congregants travel from Chicago and the north suburbs on a regular weekly basis, leading to the belief that this congregation may generate traffic and additional vehicles and parking demand above and beyond what may be typical for a neighborhood or local church.
Staff is therefore concerned of the lack of a permanent parking solution for this site based on the intensification of the use.
With their petition the church proposed to enter into an agreement with First Baptist Church of Aurora of 15 Oak Avenue to use an overflow lot they own on West New York Street located between Lake Street and Oak Avenue. This would be for 40 parking spaces. However, this proposal does not meet the parking requirements of the AZO. Sec. 5.13.3-2B.-Location of Parking Facilities states that off-street parking may occur on a separate parcel of land not over four hundred (400) feet from the entrance of the principal building. Said parking lot is 1,250 feet walking distance away. They have proposed a shuttle system.
Another option the church has discussed with staff is to lease 30 spaces from the office property at 312 N. Lake Street. While this property is across the street from the proposed church, there are not any crosswalks across IL 31-Lake Street within close proximity. The closest crossing is at West Park Avenue, resulting in a walking distance of 1,350 feet (over a quarter mile).
Therefore, neither proposal meets the requirements of the AZO, nor are they a permanent solution to the parking situation. Sec. 4.2-1.2F.iii. allows for parking off site if such lot is within a reasonable distance of the religious institution and adequate pedestrian walkways are provided. Further, if the building were to be sprinkled in the future, the occupant load could soar, further exacerbating the parking situation. It does not seem like a long term solution to never be able to concurrently utilize the full potential of the building. Full use of the building office space in conjunction with sanctuary space would result in the need for at least 100 parking spaces.
Admittedly, there are currently City owned parking lots in the vicinity of this site. However, these are sites that are ripe for redevelopment as slated in the Downtown Master Plan and recently unveiled by the City. Invest Aurora CEO David Hulseberg expands on this issue in his letter. Staff has therefore stressed to the petitioner that relying on City lots here is not a long term solution to the parking deficiency.
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 :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
30.0 To promote and plan for the location of commercial centers, based on their functions and interrelationships, in order to provide a balanced distribution of commercial development and redevelopment.
31.1(3) To promote the development of commercial facilities in existing or planned commercial areas.
40.1(1) To attract and encourage industrial, office and office-research development to planned sites where requisite public facilities are either present or proposed.
In addition, staff does not feel this proposal complies with Sec. 4.2-1.3 of the AZO which would allow the petitioner to vary the standards of the requirements of the Religious Institution section. Staff does feel that the parking issue will result in increasing traffic congestion in the subject neighborhood, and is not consistent with the City of Aurora Comprehensive Plan and Physical Development Policies.
RECOMMENDATIONS:
The Planning Commission recommends DENIAL of the Ordinance Granting a Special Use Permit for a Religious Institution (6400) Use on the Property located at 303 N. Lake Street.
ATTACHMENTS:
Exhibit A Legal Description
Exhibit B Memorandum of Agreement
Invest Aurora Letter received May 31, 2016
Land Use Petition with Supporting Documents
Property Research Sheet
Plat of Survey
Legistar Number: 16-00285
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 (6400) Use on the Property located at 303 N. Lake Street
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, Messengers of Christ - Lutheran Bible Translators 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 March 21, 2016, Ministerios Adonai filed with the City of Aurora a petition requesting approval of a Special Use for a Religious Institution (6400) use on the property located at 303 N. Lake Street; 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 8, 2016, reviewed the petition and recommended DENIAL of said petition; and
WHEREAS, on June 16, 2016, the Planning and Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended ___________ 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 4.2-1.3 and Section 10.6 a Special Use permit is hereby granted for a Religious Institution (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 Religious Institution (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.
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 B-2 General Retail and upon termination of the use of said property for a Religious Institution (6400) use, this Special Use permit shall terminate and the classification of B-2 General Retail shall be in full force and effect.
Section Eleven: That this Religious Institution (6400) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.