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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: November 7, 2024
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development and Approving the Gayles Memorial Baptist Church Parking Lot Plan Description, for the Property Located at 714 Gillette Avenue (Gayles Memorial Baptist Church - 24-0771 / AU16/4-24.450-CUPD - SB - Ward 6)
PURPOSE:
The Petitioner, Gayles Memorial Baptist Church, is requesting approval of a Conditional Use Planned Development, which includes re-developing the Subject Property as an accessory, off-site parking lot with thirteen (13) parking spaces, for passenger vehicles, for the church’s main property at 730 Gillette Ave.
BACKGROUND:
The Subject Property is zoned R-3, One Family Dwelling District. The Comprehensive Plan designates the property as Low Density Residential. The Subject Property is approximately .15 acres, and is occupied by a single-family residence. The Subject Property is owned by Gayles Memorial Baptist Church, which maintains its existing, principal property approximately one hundred (100) feet to the north at 730 Gillette Ave, as measured property line to property line. The church’s worship area maintains a seating capacity for one hundred, thirty (130) members. The church’s property has twenty-two (22) on-site parking spaces. Gayles Memorial Baptist Church also owns the property directly north of the Subject Property, 718 Gillette Ave, as well as the adjacent property on the east side of Gillette Ave, 709 Gillette Ave. The Subject Property has a width of fifty (50) feet and an area of approximately six thousand, six hundred (6,600) square feet.
The Petitioner is requesting approval of a Conditional Use Planned Development for the property located at 714 Gillette Avenue. The details of the request include changes to the R-3 zoning district’s standards to re-develop the Subject Property for accessory, off-site parking for thirteen (13) passenger vehicles for the Gayles Memorial Baptist Church’s main property, which is located at 730 Gillette Ave. The changes to the R-3 zoning district include allowing the proposed Parking Facilities, Non-Residential (4170) use, when associated with the church's main property at 730 Gillette Ave. Changes to the bulk restrictions include reducing the R-3 zoning district’s minimum setback requirements as follows: the Front Yard setback is being reduced from thirty (30) feet to nine (9) feet, the Interior Side Yard setback is being reduced from six (6) feet to one (1) feet, and the Rear Yard setback is being reduced from thirty (30) feet to two (2) feet. The maximum Lot Coverage is being increased to eighty-one (81) percent.
The Subject Property's existing single-family home is to be demolished prior to construction of the proposed parking lot. The Petitioner has provided a site plan and a landscape plan to accompany the proposal, and which indicates the parking stalls and adjacent drive aisles as compliant with the Zoning Ordinance’s minimum standards. The Subject Property is also shown to be re-developed with adequate landscaping to incorporate it to the surrounding residential neighborhood. As a means to mitigate run-off, the Subject Property is also shown to be re-developed with an infiltration trench along the parking lot’s southern edge.
DISCUSSION:
Staff has reviewed the Conditional Use Ordinance Planned Development 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.
In addition to the details of the Conditional Use Planned Development previously outlined above, there are other aspects that bear discussion.
Based on the church’s seating capacity of one hundred (130) seats, the church is required, per the Zoning Ordinance, to maintain one (1) space per four (4) seats, which comes to a total of thirty-three (33) parking spaces. Currently, the Petitioner has twenty-two (22) parking spaces that meet the Zoning Ordinance’s minimum standards for stall dimensions and adjacent drive aisles. The additional parking spaces included with this proposal would otherwise bring the church’s total parking to thirty-five (35) parking spaces, which exceeds the minimum parking requirement for the church's operations.
In addition, the Conditional Use Planned Development also provides further off-street parking within the 700 block of Gillette Ave. As a result, the number of vehicles parked on the street is reduced, particularly during the church’s peak hours of operation on Sunday mornings, or during evening meetings.
Finally, the Petitioner has provided a proposal that serves as a land use buffer between the neighborhood to the west, which are generally manufacturing and industrial uses, and the neighborhood to the east, which is low density, single-family residential. With this in mind, the use and built form of the western side of Gillette Ave’s 700 block already partially serves as a buffer between the industrial uses and the single-family uses: the property at 744 Gillette Ave is a multi-family apartment building, the property at 730 Gillette Ave is Gayles Memorial Church’s principal location, the property directly to the south is an existing parking lot that connects to 707 N Highland, and the property at 555 W Illinois Ave is an office building. With this in mind, re-developing the Subject Property as a parking lot provides a greater buffer between the two otherwise incompatible land uses.
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 regarding this petition. In particular, a caller expressed concerns about whether or not the Petitioner had explored other options for off-site parking, and questioned whether or not the proposal is causing the neighborhood to become less residential.
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.
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 does not feel the conditional use will be injurious to the use and enjoyment of other property in immediate vicinity for the purposes already permitted, or substantially diminish and impair property values within the neighborhood. Staff feels the Conditional Use Planned Development will allow for the Petitioner to continue operations in this neighborhood, while also allowing membership to grow, and reduce the need for members to park on the street while attending services or programming. To this point, Staff feels the Conditional Use Planned Development will improve the use and enjoyment of other property within the immediate vicinity by otherwise removing the need for vehicles to be parked on the street.
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.
4) Will the proposal provide for adequate utilities, access roads, drainage, and/or necessary facilities as part of the conditional use?
The proposal provides for adequate drainage on the property in the form of an infiltration ditch along the southern edge of the parking lot.
5) Does the proposal take adequate measures, or will they be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets?
Staff feels the proposal takes adequate measures to provide ingress and egress so designed to minimize traffic congestion in the public streets. As previously mentioned, the proposed parking lot reduces the need for members to park on the street. In addition, the proposed parking lot’s access point is in a similar location to the existing driveway apron.
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 may in each instance be modified by the city council pursuant to the recommendations of the commission?
The Conditional Use does, in all other respects, conform to the applicable regulations of the district in which it is located.
7) A hotel is not included with the proposal. A market feasibility is not applicable for this proposal.
8) Are the uses permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development?
The uses are permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development.
9) 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 and are so located as to not exercise an undue detrimental influence on the surrounding neighborhood. As previously mentioned, the Conditional Use Planned Development reduces the need for church members to park on the street. Staff feels the proposal adds to the 700 block of Gillette Ave's western side as a buffer between the higher density industrial properties to the west on N Highland Ave and the low density residential neighborhood to the east. The proposal also indicates adequate landscaping, which incorporates the property into the residential neighborhood to the east on Gillette Ave. As a means to clarify the intended use of the Subject Property, and to reduce travel and congestion issues between the Subject Property and the church’s main property, the Petitioner expresses a desire to include wayfinding signage between the Subject Property and the church’s main property.
10) Are the use exceptions so allowed reflected by the appropriate zoning district symbols and so recorded on the zoning district map?
The uses 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:
14.1 (4): To encourage quality site design throughout the City of Aurora.
22.1 (1): To achieve appropriate zoning protection for residential areas
designated in the land use plan.
22.1 (2): To protect designated areas of existing conventional single-family
development from inappropriate highly intensive land uses.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the ordinance establishing a Conditional Use Planned Development and approving the Gayles Memorial Baptist Church Parking Lot Plan Description, for the property located at 714 Gillette Avenue.
ATTACHMENTS:
Exhibit "A" - Legal Description
Exhibit "B" - Plan Description
Land Use Petition with Supporting Documents
Qualifying Statement
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 ________________
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An Ordinance Establishing a Conditional Use Planned Development and Approving the Gayles Memorial Baptist Church Parking Lot Plan Description, for the Property Located at 714 Gillette Avenue.
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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, Gayles Memorial Baptist Church, 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 October 10, 2024, Gayles Memorial Baptist Church filed with the City of Aurora a petition Requesting the establishment of a Conditional Use Planned Development on the property located at 714 Gillette Avenue. 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 November 6, 2024, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on November 13, 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 R-3(C), One Family Dwelling District with a Conditional Use Planned Development and upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of R-3, One Family Dwelling District 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.