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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: September 3, 2020
SUBJECT:
An Ordinance Granting a Revision to the Special Use Permit for a Special Purpose Recreational Institution (5200) Use on the Property located at 2320 and 2390 South Eola Road (Eola Tennis Academy, Inc. - 20-0416 / WH06/4-20.113-Su/R/Fsd/Fpn/R - SB - Ward 9)
PURPOSE:
The Petitioner, Eola Tennis Academy, Inc., is requesting approval of a Special Use Revision for a Special Purpose Recreational Institution (5200) use, on Lot 1 of the Eola Tennis Academy Resubdivision, to allow for expansion of the Special Use currently being utilized on the subject property at 2390 South Eola Road.
BACKGROUND:
The Subject Property is currently with PDD, Planned Development District zoning, which is part of the Noggle Farm Planned Development. The entire subject property is approximately 3.128 acres. The Eola Tennis Academy is presently operating on Lot 1 of the Eola Crossing 4th resubdivision, per R15-310, and occupies approximately 2.3 acres. The existing building on the subject property is approximately twenty-seven thousand (27,000) square feet and the accompanying parking lot has eighty-four (84) parking spaces. The vacant lot, which is being consolidated with this approval, is approximately one (1) acre.
A Special Use, O15-073, was approved for a Special Use Purpose Recreational Institution to allow for the current occupant and also included a Parking Space Variance that reduced the minimum parking requirement to its current count.
Additional information on the legislative history of the property can be found in the attached Property Research Sheet.
The Petitioner is requesting approval of a Special Use Revision for a Special Purpose Recreational Institution (5200) use on Lot 1 of the Eola Tennis Academy Resubdivision. This approval will revise the existing Special Use to include the vacant one acre lot where the six outdoor tennis courts are being built with this proposal.
Concurrently with this approval, the Petitioner is requesting approval of a Final Plat Revision for consolidation of the existing Lot 1 of the Eola Crossing 4th Resubdivision and the existing Lot 3A-2 of the Eola Crossing 3rd Resubdivision. This will establish Lot 1 of the Eola Tennis Academy Resubdivision.
Concurrently with this approval, the Petitioner is requesting approval of a Final Plan Revision for Lot 1 of the Eola Tennis Academy Resubdivision. This will include the construction of six (6) outdoor tennis courts, six light poles that will be thirty (30) feet, along screening of the courts that will include adequate landscaping and ten (10) foot tall chain link fences that will be screened to at least fifty (50) percent opacity.
DISCUSSION:
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 the nature of this petition with unattended individuals at the proposed tennis courts that create public safety concerns, as well as concerns with light from the proposed light poles shining onto adjacent residential properties.
Staff has reviewed the Special Use Revision 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, with the exception of the items reflected in the conditions listed in the Staff Recommendation below.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
22.1 (5): To recognize the unique characteristics of individual neighborhoods and
promote their positive attributes.
31.1 (3): To promote the vitality of existing commercial centers within the
commercial hierarchy.
32.1 (3): To minimize the adverse effects of commercial activity on neighboring
development, particularly residential and open spaces areas through
provision of buffering land uses and/or screening.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended CONDITIONAL APPROVAL of the ordinance granting a revision to the Special Use permit for a Special Purpose Recreational Institution (5200) use on the property located at 2320 and 2390 South Eola Road, with the following conditions:
1) That the light poles associated with the outdoor tennis courts be turned off within thirty (30) minutes of the conclusion of the day’s last scheduled outdoors activity, and, per the Qualifying Statement, the lights shall be turned off by 8:30 pm at the latest.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Special Use Memorandum of Agreement
Qualifying Statement
Parking Narrative
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legister Number: 20-0416
cc:
Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco, Member
Alderman Robert J. O'Connor, Member
Alderman Juany Garza, Member
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Revision to the Special Use Permit for a Special Purpose Recreational Institution (5200) Use on the Property located at 2320 and 2390 South Eola 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, Eola Tennis Academy, Inc., 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 24, 2020, Eola Tennis Academy, Inc. filed with the City of Aurora a petition Requesting approval of a Special Use Revision for a Special Purpose Recreational Institution (5200) use on Lot 1 of the Eola Tennis Academy Resubdivision, located at 2320, 2360, and 2390 S. Eola Road; and
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on September 2, 2020, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on September 9, 2020, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended CONDITIONAL 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 Revision 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 10.6 and Section 4.3 (5200) a Special Use permit is hereby granted for a Special Purpose Recreational Institution (5200) 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 Special Purpose Recreational Institution (5200) 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 specifically contingent upon the following conditions:
1) That the light poles associated with the outdoor tennis courts be turned off within thirty (30) minutes of the conclusion of the day’s last scheduled outdoors activity, and, per the Qualifying Statement, the lights shall be turned off by 8:30 pm at the latest.
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 PDD Planned Development District and upon termination of the use of said property for a Special Purpose Recreational Institution (5200) use, this Special Use permit shall terminate and the classification of PDD Planned Development District shall be in full force and effect.
Section Eleven: That this Special Purpose Recreational Institution (5200) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.