cover
TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: September 19, 2024
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development and Approving the Wheatland Athletic Association Plan Description for the Property Located at 2323 Liberty Street (Wheatland Athletic Association - 24-0519 / NA19/1-24.266-CUPD/FPN - SB - Ward 7)
PURPOSE:
The Petitioner, Wheatland Athletic Association, is requesting the establishment of a Conditional Use Planned Development on the property located at 2323 Liberty St. The details of which include provisions allowing for expansion of the existing Special Purpose Recreational Institution (5200) use, expanded parking, and one (1) accessory lighted outdoor soccer field, which is already existing.
BACKGROUND:
The Subject Property, which is located at the southwest corner of Liberty St and Wolverine Dr, is approximately eight (8) acres. The property was incorporated to Aurora per O95-073 on September 19, 1995 and was assigned the current ORI zoning district. The Subject Property is zoned ORI, Office, Research, Light Industry. The Comprehensive Plan designates the Subject Property as Office / Research / Light Industrial, while the adjacent block of Liberty Street is designated as Arterial, and the adjacent block of Wolverine Dr is Local Street. The existing building is approximately twenty-nine thousand (29,000) square feet. There are one hundred, nine (109) existing parking spaces on the Subject Property.
The Petitioner, Wheatland Athletic Association, is requesting the establishment of a Conditional Use Planned Development on the property located at 2323 Liberty St. The details of the request include provisions allowing the Special Purpose Recreational Facility (5200), with up to a single accessory outdoor soccer field. Because the ORI zoning requires that all activities, except for off-street parking and loading facilities to be fully conducted within an enclosed building, the Plan Description includes a provision allowing the single designated outdoor soccer field. In addition, the Plan Description also modifies, along the Wolverine Dr frontage, the standard ORI setbacks to be ten (10) feet for the parking lot and the soccer field, where it is adjacent to the Liberty Meadows subdivision. The Plan Description also includes a provision that allows the existing and proposed building's exterior materials, which is to be comprised entirely of insulated metal wall panels, to exceed the maximum fifty (50) percent. Finally, the Plan Description proposes the minimum parking requirement to be one (1) space per four hundred (400) square feet of Gross Floor Area.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan for the property located at 2323 Liberty St. The details of the request include construction of an approximately fourteen thousand (14,000) square foot building addition on the southern end of the existing building, which will be utilized for continued athletic training facility usage. As a means to allow for the proposed building addition, the Final Plan also shows the existing parking lot, which is south of the building, as being relocated to the east of the building with one hundred, eleven (111) striped parking spaces. The relocated parking lot also includes construction of a new access point to Wolverine Dr. Located in the southern portion of the Subject Property is a new outdoor soccer field with turf and utilization of the existing light poles, as well as a wet bottom detention basin in the southwest corner, and a dry bottom detention basin within the northeast corner. The Landscape Plan indicates existing and proposed landscaping that satisfies the minimum requirements, while also continuing to screen the commercial property and its outdoor usage from the adjacent residential properties. The Building and Signage Elevations indicate the proposed building addition's exterior is to be metal wall panels, which is consistent with the existing building's material, as well as an Electronic Message Center sign, which is in compliance with the applicable Sign Code requirements, per the Municipal Code, Sec. 41.
DISCUSSION:
Staff has reviewed the Conditional Use Planned Development petition and have sent comments back to the Petitioner based on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances, with the exceptions of the items listed below in the Staff Recommendation.
Based on the proposal, Staff feels the proposal adequately considers the Petitioner's need to not only expand operations, but also brings the Subject Property's use and form into compliance with the City of Aurora's code requirements with minimal impact on the neighboring properties. The addition will provide batting cages for baseball hitting practice. In particular, the Petitioner has provided a detailed Qualifying Statement that outlines the sum of the proposal, in particular, the reduced minimum parking requirement. Many users of the facility are dropped off by their parents. The new parking layout with a two-way double access design will facilitate this drop off operation. The Zoning Ordinance's standard parking requirement for Recreational Facilities (Structure 2400) is one (1) space per two hundred (200) square feet of Gross Floor Area. If this minimum parking requirement is applied for this proposal, the minimum parking requirement for the existing and proposed building would be two hundred, fifteen (215) parking spaces. Applying the proposed minimum parking requirement one (1) space per four hundred (400) square feet, the minimum parking requirement is one hundred, eight (108) parking spaces.
The Petitioner's Qualifying Statement also includes a detailed parking study that shows the highest number of vehicles within the parking lot during the weekdays is typically thirty-two (32) parking spaces, while the highest number of vehicles within the parking lot during the weekend is typically fifty-two (52) parking spaces with a maximum of 61. Given that the highest number of visitors, prior to the proposed building and parking lot expansion, during the weekday is typically between six pm and eight pm, the highest number of visitors on Saturday is typically in the morning, and the highest number of visitors on Sunday is typically in the evening, it is anticipated that the proposed one hundred, ten parking spaces should be more than sufficient to contain excess parking.
PUBLIC HEARING:
Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has received calls regarding the nature of the proposal. A caller raised the question as to whether or not the proposal will increase the number of visitors to the Subject Property.
FINDINGS OF FACT:
1) Will the establishment, maintenance or operation of the conditional use be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare?
Staff does not feel the establishment, maintenance or operation of the conditional use will be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. Staff feels the proposed use is providing additional resources for the public's need for recreational exercise and activity.
2) Will the conditional use be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood; factors including but not limited to lighting, signage and outdoor amplification, hours of operation, refuse disposal areas and architectural compatibility and building orientation?
Staff feels the Conditional Use Planned Development will not be injurious to the use and enjoyment of other property in the immediate vicinity. While the proposal is shown to expand the existing operation in a way that limits its impact on the surrounding residential townhome subdivisions and industrial properties. The Petitioner has provided a landscape plan that indicates the Subject Property is more than adequately screened from the adjacent townhomes, and is also tastefully incorporating new landscape along the street frontages to complement the existing landscaping. Staff also feels the hours of operation are not unlike other commercial businesses, and also feels limiting the hours of outdoor activities will reduce the proposal's impacts on neighboring townhome residences.
3) Will the establishment of the conditional use impede the normal and orderly development and improvement of surrounding property for uses permitted in the district?
Staff does not feel the establishment of the Conditional use Planned Development will impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Staff feels the proposal adequately incorporates the Subject Property's proposed operations to its existing operations, while also requesting a minimum parking standard that does not greatly exceed their anticipated number of visitors.
4) Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
It is Staff's opinion the proposal provides for adequate utilities, drainage and other necessary facilities. The proposal includes an additional access road for better circulation.
5) Does the proposal take adequate measures, or will they be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets?
As previously mentioned in these Findings of Fact, Staff feels the proposal takes adequate measures to minimize traffic congestion in the public streets. As previously noted in these Findings of Fact, the proposal includes one hundred, eleven (111) parking spaces, which should be more than enough to contain the proposed expansions. The minimum parking requirement is one hundred, seven (107) parking spaces.
6) Does the conditional use in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations in each instance be modified by the City Council pursuant to the recommendations of the commission?
Staff feels the Conditional Use, in all other respects, conforms to the applicable regulations of the district in which it is located
7) Are the uses permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development?
Staff feels the uses permitted by such exception are necessary, desirable, and appropriate with respect to the primary purpose of the development. This is made more clear by the fact that the Petitioner is expanding an existing use, which has been in place for many years, and is not otherwise changing its operations.
8) Are the uses permitted by such exception of a nature or so located as to not exercise an undue detrimental influence on the surrounding neighborhood?
Staff feels the uses are permitted by such exception of a nature or so located as to not exercise and undue detrimental influence on the surrounding neighborhood.
9) Are the use exceptions so allowed reflected by the appropriate zoning district symbols and so recorded on the zoning district map?
The use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the zoning district map.
POLICIES AND GUIDELINES:
The Staff's Evaluation and Recommendation are based on the following Physical Development Policies:
32.1 (3): To minimize the adverse effects of commercial activity on neighboring
development, particularly residential and open space areas through the provision
of buffering land uses and/or screening.
41.1 (2): To promote a balanced distribution of industries within the City.
51.1 (6): To promote the location and expansion of commercial activities within the City
consistent with the Comprehensive Plan.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the ordinance establishing a Conditional Use Planned Development and approving the Wheatland Athletic Association Plan Description for the property located at 2323 Liberty Street.
ATTACHMENTS:
Exhibit "A" - Legal Description
Exhibit "B" - Plan Description
Land Use Petition and Supporting Documents
Qualifying Statement
Existing and Proposed Floor Plans
Property Parcel Maps
cc: Building, Zoning, and Economic Development Committee:
Alderwoman Patricia Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman William "Bill" Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development and Approving the Wheatland Athletic Association Plan Description for the Property Located at 2323 Liberty 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, Wheatland Township Athletic Association, 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 July 2, 2024, Wheatland Athletic Association filed with the City of Aurora a petition Requesting the establishment of a Conditional Use Planned Development on the property located at 2323 Liberty Street. in the form of Exhibit “B” attached hereto, and have been duly submitted to the Corporate Authorities of the City of Aurora for review for the property described in Exhibit “A”; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on August 21, 2024, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on August 28, 2024, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said petition 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 and Zoning Commission, finds that the proposed Conditional Use is not contrary to the purpose and intent of Chapter 49 of the Code of Ordinances, City of Aurora.
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 Section 104.3 of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, and Article VI of Chapter 34 of the Code of Ordinances, City of Aurora, a Conditional Use permit is hereby granted for a Planned Development for the real estate property legally described in Exhibit “A”.
Section Six: That this Conditional Use permit hereby granted is solely for the purpose of a Planned Development 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 Conditional Use.
Section Seven: That the Plan Description in the form of Exhibit “B” attached hereto and included herein by reference as if fully set forth and incorporated in and made a part of this Ordinance is hereby approved.
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 Conditional 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 Section 34.601 of Chapter 34 of the Code of Ordinances, City of Aurora.
Section Ten: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of ORI, Office, Research, Light Industrial, and upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of shall be in full force and effect.
Section Eleven: That this Planned Development shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Twelve: That all modifications and exceptions under the Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance as set forth in the Plan Description, are hereby granted and approved.