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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: February 23, 2024
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development and Approving the Christ Pentecostal International Church Plan Description for the Property Located at 2020 Church Road (Christ Pentecostal International Church - 24-0064 / AU02/3-24.041-CUPD - SB - Ward 1)
PURPOSE:
The Petitioner, Christ Pentecostal International Church, is requesting approval of a Conditional Use Planned Development for the property located at 2020 Church Rd, which includes establishing a Religious Institution (6400) use, along with specific accessory uses, which will establish the zoning standards for the church's future development.
BACKGROUND:
The Subject Property, which is an approximately six (6) acre vacant lot, that is zoned R-1, One Family Dwelling District. The Subject Property is an Interior Lot that fronts on Old Church Rh. The Comprehensive Plan designates the Subject Property as Office / Research / Light Industrial, and also designates this block of Old Church Rd as a Local Street. The Subject Property was annexed per O04-156, and was also subject to an Annexation Agreement, O04-155. The intended use was for a similar Religious Institution (6400) use, which was reflected in the approved Preliminary Plat & Plan per R04-509, as well as the approved Final Plat and Plan per PDFNL05.17. In addition to the previous Zoning entitlements, the Subject Property's zoning was never changed from the current R-1 zoning district.
The Petitioner is requesting approval of a Conditional Use Planned Development, to allow for the establishment of a Religious Institution (6400) use at 2020 Church Rd. With approval of this Conditional Use Planned Development, the Petitioner is intending to continue developing the Subject Property as it was intended with its initial entitlements. In addition to the standards of the Religious Institution (6400) use category, the Plan Description outlines a list of proposed accessory uses the Petitioner is requesting to accompany the church's future development. The Petitioner is not requesting any changes to the R-1 zoning standards beyond the Religious Institution use and accompanying accessory uses. The accessory uses, which include a parsonage in the existing residential structure on the north side of the property, allow for the church to include space for standard religious activities, like worship services, bible studies, weddings, and funerals, as well as other activities, such as community events, and a day care. The previous Zoning entitlements included provisions that allowed, in addition to the Religious Institution (6400) use, many of the same accessory uses.
The intent of the requested Conditional Use Planned Development is to establish the Zoning standards that will guide the physical planning of the Subject Property once development is ready to occur. In addition to complying with the applicable zoning code requirements when it is to be planned for development, it is otherwise required to comply with the applicable Engineering, Building Code, and Fire Code requirements.
The previously approved Preliminary Plan is attached to the Plan Description, and is intended to serve as a conceptual plan that summarizes the extent of the proposal. At this time, the Petitioner is requesting approval of the Conditional Use Planned Development. Any future plans for the physical development of the property, which will be guided by the Zoning entitlements granted with this Conditional Use Planned Development, will be submitted by the Petitioner for review at a later time.
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 new meet the applicable codes and ordinances.
PUBLIC HEARING:
Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has received two (2) calls from property owners requesting more information regarding the nature of the petition. Staff has also received a call from a property owner voicing concerns about the impacts of the property being developed, based on an increase in traffic and suitability of Old Church Road for the size of the development.
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 believe 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. Rather, Staff believes the proposal will allow for a growing congregation to locate in Aurora to serve current and future congregants.
2) Will the conditional use be injurious to the use and enjoyment or 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 find the conditional use to be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impact property values within the neighborhood. Because the Subject Property has previously been reviewed and approved for a Religious Institution use,
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 believe establishment of the Conditional Use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the Staff. It is Staff's opinion, that, because the Subject Property has already been planned for a similar Religious Institution, this proposal will not impede the development and improvement of surrounding properties. In addition, the proposed principal use and accessory uses are largely identical to those that were approved via the Zoning entitlements in 2004.
4) Will the proposal provide for adequate facilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
Staff has clarified with the Petitioner that, once a proposal is ready for the Subject Property's physical development, it must comply with the current and applicable requirements to ensure the proposal provides for adequate facilities, access roads, drainage, and/or other necessary facilities. The Petitioner has also been made aware that additional review on behalf of the City's Engineering Department to ensure the future development is in compliance with current and applicable standards for these same criteria.
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 minimize traffic congestion in the public streets as it is the continuation of a previously approved proposal. The Petitioner has clarified the Subject Property, when it develops, will maintain one (1) access point to Old Church Rd for the Religious Institution use, in addition to the existing access point for the parsonage on the northern side of the lot.
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?
It is Staff's opinion that the Conditional Use, in all other respect, conforms to the applicable regulations of the district in which it is located.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
12.1 (7): To protect residential development from the negative effects of high volume
traffic corridors and incompatible land uses.
14.1 (4): To encourage quality site design throughout the City of Aurora.
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 Christ Pentecostal International Church Plan Description for the property located at 2020 Church Road.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Land Use Petition with Supporting Documents
Qualifying Statement
Approved Preliminary Plan
Property Parcel Maps
Findings of Fact
cc: Building, Zoning and Economic Development Committee:
Chairperson Patty Smith
Vice Chair Shweta Baid
Alderman Carl Franco
Alderman Mike Saville
Alderman Bill Donnell
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development and Approving the Christ Pentecostal International Church Plan Description for the Property Located at 2020 Church Road
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, Living Stone Christian 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 January 29, 2024, Christ Pentecostal International Church filed with the City of Aurora a petition requesting the establishment of a Conditional Use Planned Development, pursuant to an Annexation Agreement, with an underlying R-1, One Family Dwelling District zoning on the property located at 2020 Church Road 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 February 21, 2024, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on February 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 R-1, One Family Dwelling District, and upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of R-1, 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.