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TO: Mayor John Laesch
FROM: Planning and Zoning Commission
DATE: July 24, 2026
SUBJECT:
An Ordinance Granting a Conditional Use Permit for Educational services (6100) on the Property located at 2001 Heather Drive (West Aurora School District #129 - 26-0443 / AU18/2-26.169-CU/SR - KP - Ward 5)
PURPOSE:
The petitioner, West Aurora School District #129, is requesting approval of a Conditional Use for Educational Services (6100) for the purpose of allowing a parking lot expansion.
BACKGROUND:
The Subject Property is located at 2001 Heather Drive and is currently zoned P Park and Recreation District. However, a public school is classified as 6100 Educational Services which is a conditional use within the P District. It is necessary to bring the property into conformance with the Conditional Use to allow (any) expansion of the (school) use.
Hall Elementary School was established in 1961 and has experienced growth in students and staff over the years and has outgrown their parking facilities. In the past, public schools were not subject to municipal zoning regulations. However, back in 2016, a School Zoning Law was passed by the State of Illinois that gave local governments the authority to apply and enforce their zoning regulations on public schools. As a result, many public schools, including Hall Elementary School, are often considered to have "grandfathered" zoning status, making this type of zoning request common.
The insufficient parking has been an ongoing challenge for the School District. Currently, there are only 65 on-site parking spaces and approximately 68 staff members, consisting of teachers and support personnel, plus additional visitors. The lack of parking spaces has led to overflow parking on Heather Drive, which is the area designated for student drop-off, causing congestion during drop-off and pick-up times. To address the parking shortage, the petitioner proposes to construct an additional parking lot.
The proposed parking lot will add 31 additional parking spaces, providing a total of 96 spaces. The new lot will be constructed within the existing drive aisle loop, connecting with one way traffic direction. A Landscape Plan was included with this request. The Plan illustrates that the new parking lot will have perimeter landscaping consisting of a solid hedgerow of boxwood shrubs.
DISCUSSION:
Staff has reviewed the Conditional Use Ordinance petition and has determined that it meets the applicable codes and ordinances.
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. However, no objections have been made.
Staff's Finding of Facts required for Conditional Use petitions: A Conditional Use shall be granted only if evidence is presented to answer the following questions:
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?
The subject property is a public school. The conditional use is a "technicality" as the school was established many years ago, in 1961. The proposed expansion of the parking lot is necessary and desirable; it is in the interest of the public to serve the needs of the growing community.
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?
The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity or impair property values within the neighborhood. The proposed parking addition is intended to improve conditions related to parking on Heather Drive.
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 believes that because the surrounding properties have already been developed and are established around the public school, the conditional use will not impede development.
4. Will the proposal provide adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?
The proposal will provide additional parking that is necessary for the existing use.
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?
The purpose of this proposal is to improve the existing traffic congestion on Heather Drive.
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
Yes, it conforms to all applicable regulations of the district.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center.
11.0 11.1(5) To guide the growth of the City in an orderly and structured manner. To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
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.
14.1(4) To encourage quality site design throughout the City.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended CONDITIONAL APPROVAL of An Ordinance Granting a Conditional Use Permit for Educational services (6100) on the Property located at 2001 Heather Drive with the following condition:
1. That the parking lot be installed in accordance to the Site Plan dated July 10, 2026 and Landscape Plan dated July 10, 2026.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Site Plan dated July 10, 2026
Landscape Plan dated July 10, 2026
Land Use Petition and Supporting Documents
Plat of Survey
Maps
Legistar Number 26-0443
cc:
Alderman Michael Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Javier Bañuelos
Alderwoman Juany Garza
Alderman Will White
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Conditional Use Permit for Educational services (6100) on the Property located at 2001 Heather Drive
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, West Aurora School District #129, 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 June 2, 2026, West Aurora School District #129 filed with the City of Aurora a petition Requesting approval of a Conditional Use for Educational services (6100) on the property located at 2001 Heather Drive 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 July 22, 2026, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on July 29, 2026, 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 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 Sec. 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 V of Chapter 34 of the Code of Ordinances, City of Aurora, a Conditional Use permit is hereby granted for an Educational services (6100) 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 Educational services (6100) 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 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 Conditional Use permit is granted with the following condition:
1. That the parking lot be installed in accordance to the Site Plan date July 10, 2026 and Landscape Plan dated July 10, 2026.
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 by Article V 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 P Park and Recreation District and upon termination of the use of said property for an Educational services (6100), this Conditional Use permit shall terminate and the classification of P Park and Recreation District shall be in full force and effect.
Section Eleven: That this Educational services (6100) shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.