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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: May 5, 2023
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development and Approving the Village Bible Church Plan Description for the property located at 1401 West Galena Boulevard (Village Bible Church - 23-0264 / AU20/1-23.149 - Fpn/R/CUPD - JS - Ward 5)
PURPOSE:
The Petitioner, Village Bible Church, is requesting the Establishment of a Conditional Use Planned Development on the property located at 1401 W. Galena Boulevard
BACKGROUND:
The Subject Property is zoned R-2(C) One Family Dwelling District with a Conditional Use for a Religious Institution. In 2020 the Conditional Use was granted to codify the existing nonconforming church use. Additionally, a Final Plat and a Final Plan were approved at the time. The work proposed in the Final Plan was never constructed. A basketball court and a soccer field were constructed after the City Council process, with the work not being shown on the approved Final Plan. This has triggered the requirement of a Conditional Use Planned Development as well as a revision to the Final Plan.
The Petitioner is requesting the establishment of a Conditional Use Planned Development. The plan description is being done to codify the existing site layout of the church, as well as allowing up to two recreational uses (one basketball court and one soccer field) as shown on the Final Plan.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan Revision for a Religious Institutions Use (6400). The final plan revision shows the location of the existing basketball court and the soccer field. This plan also proposes new landscaping along the western property line, between the parking lot / basketball court and the neighbors. Thirty-six arborvitaes are proposed to help ease the noise and light pollution from the basketball playing.
DISCUSSION:
Staff has reviewed the Conditional Use Planned Development Ordinance petition and have sent comments back to the petitioner on those submittals. The petitioner has made the requested revisions to these documents.
Staff is recommending conditions, as listed in the Staff Recommendation below, to mitigate the impact that the recreational uses will have on the surrounding residential properties including noise and light pollution.
As of the date of this memo, staff has received public inquiries requesting additional information on this petition and raising concerns regarding the noise levels created by the basketball court users. Public commentors also cited lack of supervision and late times played but added that if staff is on site and times were restricted, they would have no issues.
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 To guide the growth of the City in an orderly and structured manner.
22.1(1) To achieve appropriate zoning protection for residential areas designated in the land use plan.
Staff would like to briefly comment on the Findings of Fact as is required of Conditional Use Petitions:
1. The establishment, maintenance or operation of the conditional use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. With the restrictions being put in place, the public health and comfort of the neighbors will be maintained and improved.
2. The conditional use planned development will not 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. Restrictions are being put in place to limit the hours and usage of the proposed accessory uses to not diminish the property values for the area.
3. The establishment of the conditional use planned development will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The church has operated at this location for many years and the proposed accessory uses are being planned in a way to not impede normal development of the surrounding area.
4. Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the conditional use. No changes to utilities, access roads, or drainage are proposed from what has been historically present on the site.
5. The proposal takes adequate measures to provide ingress and egress so designed to minimize traffic congestion in the public streets? No changes to ingress and egress are proposed from what has historically been present on the site.
6. The conditional use planned development in all other respects conforms 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. All recommendations from staff and restrictions present in the plan description intend to conform to the regulations of the R-2 One Family Dwelling District.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended CONDITIONAL APPROVAL of the Ordinance Establishing a Conditional Use Planned Development and Approving the Village Bible Church Plan Description for the property located at 1401 West Galena Boulevard, with the following conditions:
1.) That the hours of operation of the recreational uses be allowed only from 8:00 AM to 8:00 PM by the general public
2.) That the hours of operation be extended by one hour to 9:00 PM for use by church patrons and church sponsored groups
3.) That the basketball hoops be locked each night after hours to ensure compliance
4.) That the Petitioner prevent or respond directly to any disorderly conduct that may take place during or after hours of operation
5.) That the City will take action to revoke the Conditional Use for the recreational uses if the Petitioner is in violation of the above conditions.
ATTACHMENTS:
Land Use Petition with Supporting Documents
Property Maps
Exhibit A - Legal Description
Exhibit B - Plan Description
cc: Alderman Michael B. Saville, Chairperson
Alderwoman 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 Establishing a Conditional Use Planned Development and Approving the Village Bible Church Plan Description for the property located at 1401 West 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, 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 March 27, 2023, Village Bible Church filed with the City of Aurora a petition requesting the establishment of a Conditional Use Planned Development on the property located at 1401 W. Galena Boulevard 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 May 3,2023, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on May 10, 2023, 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 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 with the following conditions:
1.) That the hours of operation of the recreational uses be allowed only from 10:00 AM to 8:00 PM by the general public
2.) That the hours of operation be extended by one hour to 9:00 PM for use by church patrons and church sponsored groups
3.) That the basketball hoops be locked each night after hours to ensure compliance
4.) That the basketball hoops remain locked for the entirety of the day on Monday
5.) That only half of the basketball court be opened when used by the general public
6.) That the full court be allowed to be open when used by church patrons and church sponsored groups
7.) That the Petitioner prevent or respond directly to any disorderly conduct that may take place during or after hours of operation
8.) That the City will take action to revoke the Conditional Use for the recreational uses if the Petitioner is in violation of the above conditions
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-2(C) One Family Dwelling District with a Conditional Use and upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of R-2(C) One Family Dwelling District with a Conditional Use 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 here by granted and approved.