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TO: Mayor Robert J. O'Connor
FROM: Planning Commission
DATE: November 4, 2016
SUBJECT:
An Ordinance Establishing a Special Use Planned Development and Approving the Plan Description for Property Located at 544 S. Lake Street (Accion Latina USA - 16-00941 / AU28/2-16.031-Su - ES - Ward 4)
PURPOSE:
The Petitioner Accion Latina USA is Requesting the Establishment of a Special Use Planned Development on the property located at 544 S. Lake Street being the north east corner of Lake Street and 2nd Street. The Plan Description would allow as a permitted use a Special Purpose Recreation facility and a Community Center as permitted uses within the B-3 Zoning District.
BACKGROUND:
The Subject Property is located at 544 S. Lake Street, the northeast corner of Lake Street and 2nd Street, and is currently has B-3 Business and Wholesale zoning. There is an existing 16,000 sf. building on the property that was built in 1926 and was home for many year to Columbia Pipe & Supply Co. The property was acquired in 2015 by Accion Latina USA, a 501c.3 not-for-profit, to be used as a community center with recreational uses. The facility has space and offices for the Golden Age Hispanic Social Club, United Soccer Association, and Aurora Soccer Academy. The upper level consists of office and gathering space, and the lower level has a boxing ring and indoor soccer field.
DISCUSSION:
The City staff has been working with the Petitioner to bring the property into zoning and building code compliance for the new uses, as the Petitioner was not initially aware of the code requirements for the change in use of the property. The Petitioner has made many improvements to the property from when it was the pipe company. Besides the 16 parking spaces that are along the south side of the building along 2nd Street, the Petitioner was requested to maximize off-street parking for the new uses. As a result, the plan is to remove the old loading dock and storage bins from the rear of the property and make it into a 28 space off-street parking lot for a total of 44 spaces. The SU would allow the 44 spaces to meet the zoning requirement for the uses in lieu of 79 spaces typically required. Staff feels the improvements to the property with the additional off-street parking and the nature of the not for profit status and limited size of the recreational uses along with typically non overlapping with the office use at the same time will be sufficient to meet its parking needs.
POLICIES AND GUIDELINES :
14.1 (2) To promote the preservation and revitalization of older residential neighborhoods and commercial areas within the City of Aurora.
81.1 (11) To encourage the development of a variety of recreational facilities and to encourage the multiple uses of those facilities where appropriate.
RECOMMENDATIONS:
Planning Commission recommended APPROVAL of the Ordinance Establishing a Special Use Planned Development and Approving the Plan Description for Property Located at 544 S. Lake Street.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Property Research Sheet
Land Use Petition
Plat of Survey
Final Plan
Fire Access Plan
Legistar History Report
Findings of Fact
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 Establishing a Special Use Planned Development and Approving the Plan Description for Property Located at 544 S. Lake Street (Accion Latina USA - 16-00941 / AU28/2-16.031-Su - ES - Ward 4)
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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, Accion Latina Usa 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 20, 2016, Accion Latina USA filed with the City of Aurora a petition Requesting the Establishment of a Special Use Planned Development and Approving a Plan Description on the property located at 544 S. Lake Street being the north east corner of Lake Street and 2nd Street Lot 7; Lot 8; Lot 9 and related required documents as attached hereto as Exhibit "A"; 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 November 2, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on November 14, 2016, the Planning and 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 Commission, finds that the proposed Special Use / Planned Development and Plan Description 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 (8000) a Special Use permit is hereby granted for a Planned Development (8000) 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 Planned Development (8000) 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 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 with the following condition:
1) The City Zoning Staff will monitor the site on a periodic basis, and that if the facility consistently exceeds the 44 parking spaces provided, the petitioner will provide alternatives to the City for additional parking within 400 feet of said facility.
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 B-3(S) Business and Wholesale and upon termination of the use of said property for a Planned Development (8000) use, this Special Use permit shall terminate and the classification of B-3 Business and Wholesale shall be in full force and effect.
Section Eleven: That this Planned Development (8000) use 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 Aurora Zoning Ordinance and all modifications and exceptions from the Aurora Subdivision Control Ordinance, as set forth in the Plan Description, are here by granted and approved.