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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: April 23, 2015
SUBJECT:
An Ordinance Granting a Special Use Permit for a Non-Residential Parking Use on the Property located at 779 Fulton Street, Aurora, Illinois, 60505 (Sacred Heart Church of Aurora - L15-00145 / AU23/3-14.322-Su - ES - Ward 2)
PURPOSE:
The Petitioner, Sacred Heart Church of Aurora filed a Non-Residential Parking petition with the City of Aurora on February 17, 2015, requesting approval of a Special Use for a parking lot for property at 779 Fulton Street. The details of the proposal include adding an additional 28 off-street parking spaces.
BACKGROUND:
The R-3 zoned lot at 779 Fulton Street is currently vacant. It is 0.37 acres in size. The parish purchased the property last year and demolished a vacant, deteriorated home. To the west is Sacred Heart Parish, specifically the rectory, to the north and south are single family homes, and to the east is a two family home.
DISCUSSION:
The expansion onto this vacant lot will provided needed off street parking for Sacred Heart Parish. This is part of their plan to acquire a few adjacent lots as they come onto the market in order to add off-street parking. The lot will be screened and landscaped and will be an improvement for the neighborhood.
POLICIES AND GUIDELINES :
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1(3) To encourage new development contiguous to existing development.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.
RECOMMENDATIONS:
Planning Commission recommends CONDITIONAL APPROVAL of the Ordinance Granting a Special Use Permit for a Non-Residential Parking Use on the Property located at 779 Fulton Street, Aurora, Illinois, 60505, with the following condition:
1) That a 6' board on board fence be erected along the south and east property line, up to 15' behind the sidewalk on Fulton.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B-1" Final Plan
Exhibit "B-2" Landscape Plan
Exhibit "C" Memorandum of Agreement
Property Research Sheet
Planning Council Report
Land Use Petition & Supporting Documents
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Granting a Special Use Permit for a Non-Residential Parking Use on the Property located at 779 Fulton Street, Aurora, Illinois, 60505
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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, Sacred Heart Church of Aurora 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, Sacred Heart Church of Aurora filed a Special Use petition with the City of Aurora on February 17, 2015, to authorize the use of the property legally described in Exhibit "A" for a Non-Residential Parking and related required documents as attached hereto as Exhibits "B-1" through Exhibit "B-2"; 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 April 22, 2015 with respect to said petition for Special Use permit and found that said petition met the standards prescribed by Section 4.3(4170) and Section 10.6 Standards of Ordinance Number 3100, being the Aurora Zoning Ordinance, and recommended CONDITIONAL APPROVAL of the Special Use; and
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 R-3(S) One Family Dwelling zoning classification except as varied herein; and
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(4170) and Section 10.6, a Special Use permit is hereby granted for a Non-Residential Parking 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 a Non-Residential Parking 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 the petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit "C" 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 a 6' board on board fence be erected along the south and east property line, up to 15' behind the sidewalk on Fulton.
Section Five: 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 plans attached hereto as Exhibits "B-1" through Exhibit "B-2" 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 classification of R-3(S) One Family Dwelling and upon termination of the use of said property for a Non-Residential Parking use, this Special Use permit shall terminate and the classification of R-3 One Family Dwelling shall be in full force and effect.
Section Eight: That this Non-Residential Parking 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.