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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: October 21, 2021
SUBJECT:
An Ordinance Granting a Conditional Use Permit for a Religious Institution (6400) Use on the Property Located at 4315 Westbrook Drive (Shiv Durga Hindu Temple - 21-0738 / NA28/2-21.280-CU - SB - Ward 10)
PURPOSE:
The Petitioner, Shiv Durga Hindu Temple, is requesting approval of a Conditional Use for a Religious Institution (6400) use on the property located at 4315 Westbrook Drive, which includes utilizing the building for worship and prayer services.
BACKGROUND:
The Subject Property is zoned PDD, Planned Development District and is located within the Fox Valley East development district. The Subject Property is approximately .62 acres and is occupied by a retail building that is approximately six thousand (6,000) square feet with thirty-five parking spaces. The Comprehensive Plan designates the Subject Property as Office / Research / Commercial. 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 Conditional Use for a Religious Institution (6400) use. The details of the request include individual and congregational services on weekends, as well as individual visitors for prayers during the weekdays. The primary use of the building will be for the Religious Institution, although it is anticipated that there will be accessory religious, dance, and yoga classes on the Subject Property for the temple’s members. The temple will also provide enough seating for its one hundred, eight (108) members, which will not exceed the minimum parking requirement of space per four (4) seats within the principal sanctuary.
DISCUSSION:
Staff has reviewed the Conditional Use 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.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has not received public inquiries regarding this petition.
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 believes that implementation of the Conditional Use will not have a negative impact on the public health, safety, morals, comfort or general welfare of the community. Staff believes that the Conditional Use will provide a resource to the surrounding community based on this location.
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 believes that the Conditional Use will not have a negative effect or impact the enjoyment of other properties within the immediate vicinity. As noted in the Qualifying Statement, the Petitioner is not expanding the footprint of the building or any other part of the Subject Property. The peak hours of operation will be during the weekend, meaning that there will be a minimal impact on the operation of the neighboring commercial and office properties. Any changes to the building's exterior elevations will be reviewed to comply with the applicable requirements.
3) Will the establishment of the Conditional Use impede the normal and orderly development and improvement of surrounding properties for uses permitted in the district?
Staff does not believe that the Conditional Use will impede the normal development and improvement of surrounding properties for uses permitted in the district. Staff believes that the Petitioner has gone to great lengths to prepare a proposal that is consistent and keeping with the character of the Subject Property's neighborhood as business and office.
4) Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the Conditional Use?
Staff does not anticipate that the Conditional Use proposal will provide any change in the existing need for adequate utilities, access roads, drainage, and/or other necessary facilities.
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 proposal takes adequate measures to minimize any traffic congestion. The Subject Property’s thirty-five parking spaces are enough to satisfy the minimum parking requirements. In addition, the Qualifying Statement also notes that services for the congregation will be held on weekends, when peak visitation from the temple’s members are less likely to disturb visitors to the neighboring commercial and office properties.
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?
Staff believes the Conditional Use otherwise 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:
14.1 (1): To foster future growth in the City that does not contribute to deterioration
in either existing developments or a reduction in the City’s ability to
provide adequate services.
31.1 (4): To encourage the development of multiple use commercial, employment
and service centers.
31.1 (5): To promote the vitality of existing commercial centers within the
commercial hierarchy.
RECOMMENDATIONS:
The Planning and Zoning Commission APPROVAL of the ordinance granting a Conditional Use Permit for a Religious Institution (6400) use on the property located at 4315 Westbrook Drive.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Qualifying Statement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 21-0738
cc: Building, Zoning, and Economic Development Committee:
Alderman Michael B. Saville, Chairperson
Alderman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Conditional Use Permit for a Religious Institution (6400) Use on the Property Located at 4315 Westbrook 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, Carl Hix is the 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 September 14, 2021, Shiv Durga Hindu Temple filed with the City of Aurora a petition Requesting approval of a Conditional Use for a Religious Institutions (6400) Use for 4315 Westbrook Drive, Located South of Westbrook Drive and West of South State Route 59, and related required documents as attached hereto as Exhibits “A” through Exhibit “B”; and
WHEREAS, after due notice and publication of said notice, the Aurora Planning and Zoning Commission conducted a public hearing on October 20, 2021, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on October 27, 2021, 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 Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 104.2 and Chapter 34 of the Code of Ordinances, a Conditional Use permit is hereby granted for a Religious Institution (6400) use 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 Religious Institution (6400) 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.
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 Chapter 34 of the Code of Ordinances.
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 Religious Institution (6400) use, this Conditional Use permit shall terminate and the classification of PDD, Planned Development District shall be in full force and effect.
Section Eleven: That this Religious Institution (6400) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.