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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: July 18, 2024
SUBJECT:
An Ordinance Granting Revisions to the Conditional Use Permit for a Religious Institution (6400) Use on the Property located at 1101 Foran Lane. (Sai Samsthan USA - 24-0254 / AU16/1-24.166-CUPD/FPN/FSD - SB - Ward 6)
PURPOSE:
The Petitioner, Sai Samsthan USA, is requesting approval of a Conditional Use Revision for a Religious Institution (6400) use, which includes expanding the Subject Property's boundaries to incorporate the property located at 1125 Foran Ln, which is intended to be utilized as a dwelling for worship leaders.
BACKGROUND:
The Subject Property is zoned R-1(C), One Family Dwelling District with a Conditional Use and R-1, One Family Dwelling District. The Comprehensive Plan designates the property as Low Density Residential. The Subject Property's total area is approximately six (6) acres. The existing temple building is approximately seven thousand (7,000) square feet, with one hundred, twenty-three (123) parking spaces. The property located at 1125 Foran Ln is an existing single-family home, which is owned by the Petitioner.
The original Conditional Use for the Religious Institution (6400) use was approved per O02-123, while the previous Conditional Use Revision was approved per O13-081 and included plans for a southern building addition that was never constructed. The original Final Plat, which was approved per PDFNL13.18 included the temple, the southern space, and the detention pond.
The Petitioner, Sai Samsthan USA, is requesting approval of a Conditional Use Revision for a Religious Institution (6400) use, which includes expansion of the Subject Property's boundaries to include the single-family dwelling at 1125 Foran Ln to be utilized as an accessory dwelling for the temple's worship leadership.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat Revision for Shree Shirdi Saibaba Manor Subdivision. The details of the request include consolidating the existing subdivision, which is approximately five and a half (5.5) acres, with the existing lot at 1125 Foran Ln. Post consolidation, the total acreage of the subdivision is six (6) acres. The Final Plat also includes the dedication of a fifteen (15) foot wide City Easement, as well as the dedication of approximately thirty-three (33) feet of right-of-way on Foran Ln. The subdivision has a single lot.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan Revision for the Shree Shirdi Saibaba Manor Subdivision. The details of the request include construction of a new, two (2) story addition on the north side of the existing building for expanded worship and community space. With this Final Plan Revision, the Petitioner is also requesting to expand the existing parking lot to the south for an additional thirty-four (34) parking spaces. The Final Plan Revision is broken into two separate phases. Phase I includes construction of just the first floor of the proposed northwestern building addition, which is to be utilized for accessory meditation space by on-site members. Phase II includes rebuilding the first floor of the northeastern portion of the existing building for common space, as well as construction of the second floor, which is to be used for accessory classroom and office space. The provided plans indicate the second phase of construction will extend across the entire first floor of the proposed addition, which includes Phase I and Phase II. Phase II of the Final Plan Revision includes construction of the additional parking lot and parking spaces. The elevation drawings also show temporary stairs on the building's exterior, and which will be removed once construction for Phase II has commenced.
Concurrently with this proposal, the Petitioner is proposing a Plat of Vacation. The details of the request includes vacating the existing fifteen foot wide City Easement, which is required per the Engineering Department's review to be removed as the easement is located beneath the building addition that is proposed as part of the Final Plan Revision. The easement is required to allow for a watermain line to be constructed and maintained in place of the existing utility.
DISCUSSION:
Staff has reviewed the Conditional Use petition and have sent comments back to the Petitioner based on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
Based on the sum of the proposal, Staff finds the phasing bears further discussion. Because the phased building additions are intended to be utilized as accessory to the primary worship use, meaning that visitors, other than those already attending worship, are not likely at a given time. The Floor Plans show the maximum, anticipated number of occupants within the principle sanctuary is three hundred, seventy-five (375). Given that the minimum parking requirement is based on one (1) space per four (4) fixed seats within the principle sanctuary, the existing one hundred, twenty-three (123) parking spaces satisfies the minimum parking requirement of ninety-four (94) spaces. The additional planned parking lot, which is to be built at a later time, is likely to be necessary during special events when additional overflow parking is needed.
PUBLIC HEARING:
Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has received an inquiry from the public regarding the nature of the proposal.
FINDINGS OF FACT:
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 does not believe the establishment, maintenance or operation of the Conditional Use Revision will be unreasonably detrimental to or endanger the public's general well-being. Staff feels this second Conditional Use Revision is allowing the temple, which has been at this location since 2002, to continue its operations without generating a greater impact on the surrounding neighborhood.
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 does not feel the Conditional Use will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impact property values within the neighborhood. Per the provided plans, the Subject Property is to be developed consistently with its built environment. The Petitioner has prepared a proposal that is not intended to increase the number of on-site members at a given time. The proposal also includes plans that indicate how the property is to be developed in two (2) phases to manage the impact of future development, which includes building and parking lot expansion.
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 does not feel the establishment of the Conditional Use Revision will impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. This is apparent as the new development is entirely contained within the Subject Property.
4) Will the proposal provide for adequate utilities, access roads, drainage, and/or other necessary facilities as part of the Conditional Use?
Staff feels the proposal provides for adequate utilities, access roads, drainage, and other necessary facilities as part of the Conditional Use. As part of the Subject Property's second phase of construction, the existing detention pond is to be expanded.
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?
Staff believes the proposal takes adequate measures to provide ingress and egress to minimize traffic congestion in the public streets. The Petitioner's plans include an expanded parking lot that is to be built during the second phase of construction, which is intended to mitigate any increase in traffic entering and exiting the Subject Property.
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?
It is Staff's evaluation that the Conditional Use, in all other respects, conforms to the applicable regulations of the district in which it is located, excepted as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the commission.
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 development or a reduction in the City's ability to provide adequate
services.
14.1 (4): To encourage quality site design throughout the City of Aurora.
22.1 (2): To protect designated areas of existing conventional single-family development
from inappropriate highly intensive land uses.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the Ordinance Granting Revisions to the Conditional Use Permit for a Religious Institution (6400) Use on the Property located at 1101 Foran Lane.
ATTACHMENTS:
Exhibit "A" - Legal Description
Exhibit "B" - Memorandum of Agreement
Land Use Petition and Supporting Documents
Qualifying Statement
Property Parcel Maps
Conditional Use Findings of Fact
cc: Building, Zoning, and Economic Development Committee:
Alderwoman Patty Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman Bill Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting Revisions to the Conditional Use Permit for a Religious Institution (6400) Use on the Property located at 1101 Foran Lane.
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, Sai Samsthan 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 April 3, 2024, Sai Samsthan USA filed with the City of Aurora a petition Requesting approval of a Conditional Use Revision for a Religious Institution (6400) use, located at 1101 Foran Lane. 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 July 17, 2024, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on July 24, 2024, 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 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 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 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.
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 R-1, One Family Dwelling 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 R-1, One Family Dwelling 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.