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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: September 3, 2020
SUBJECT:
An Ordinance Granting a Special Use Permit for a Religious Institutions (6400) Use on the Property located at 1401 W. Galena Boulevard (Village Bible Church - 20-0441 / AU20/1-20.121-Su/Fsd/Fpn - JS - Ward 5) (PUBLIC HEARING)
PURPOSE:
The Petitioner, Village Bible Church, is requesting approval of a Special Use for a Religious Institutions (6400) use on part of Lots 7 & 8, and all of Lots 9 & 10 of Randall's Addition to Aurora Subdivision located at 1401 W. Galena Boulevard)
BACKGROUND:
The Subject Property is currently zoned R-2. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is Requesting approval of a Special Use for a Religious Institutions (6400) use on Lots 7, 8, 9 & 10 of Randall's Addition to Aurora Subdivision located at 1401 W. Galena Boulevard. A church has operated at this location since 1958 and did not originally have a special use to operate at this location.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat. The church currently owns 8 parcels ranging from .21 to .48 acres and is planning on combining all of them into one, 2.13 acre lot.
Finally, The Petitioner is also Requesting approval of a Final Plan. The church is adding a 2,100 sq. ft. addition to the front of their property. This area will act as a vestibule and entryway for the building. The Special Use and Final Plan will allow for the setback as proposed. The previous building entrance unloaded directly onto Galena Boulevard, where this one will now unload into the parking lot, diverting foot traffic off of the street. The church will also be adding in a sidewalk to connect the gap on Galena Boulevard leading to the West Aurora High School. The final major component to the plan is the creation of a stormwater detention basin due to some drainage issues in past.
DISCUSSION:
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
Staff has reviewed the Special Use petition and have determined that it meets the applicable codes and ordinances.
POLICIES AND GUIDELINES / IMPACT STATEMENT :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.0 To guide the growth of the City in an orderly and structured manner.
11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
14.1 (4) To encourage quality site design throughout the City.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the Ordinance Granting a Special Use Permit for a Religious Institutions (6400) Use on the Property located at 1401 W. Galena Boulevard
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Special Use Memorandum of Agreement
Qualifying Statement
Finding of Facts
Planning Council Report
Land Use Petition
Legistar Number 20-0441
cc: Building, Zoning and Economic Development Committee:
Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco
Alderman Robert J. O’Connor
Alderman Juany Garza
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance granting a Special Use Permit for a Religious Institutions (6400) Use on the property located at 1401 W. Galena Boulevard
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, the Village Bible 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 July 31, 2020, Village Bible Church filed with the City of Aurora a petition Requesting approval of a Special Use for a Religious Institutions (6400) use on part of Lots 7 & 8, and all of Lots 9 & 10 of Randall's Addition to Aurora Subdivision located at 1401 W. Galena Boulevard; 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 September 2, 2020, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on September 9, 2020, 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 Commission, 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: 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 (6400) a Special Use permit is hereby granted for a Religious Institutions (6400) 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 Religious Institutions (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 and that said Special Use permit is granted.
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 and upon termination of the use of said property for a Religious Institutions (6400) use, this Special Use permit shall terminate and the classification of shall be in full force and effect.
Section Eleven: That this Religious Institutions (6400) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.