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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: January 5, 2023
SUBJECT:
An Ordinance Approving a Revision to the Calvary Temple Church Plan Description on 107.3 Acres for Property Located at 9S200 State Route 59 (Calvary Church - 22-1063 / NA33/2-22.355-CU/PD/R - SB - Ward 8)
PURPOSE:
The Petitioner, Calvary Church, is requesting a Plan Description Revision to the Conditional Use Planned Development on the property located at 9S200 State Route 59, to allow for changes to the approved Zoning standards for permanent ground signage.
BACKGROUND:
The Subject Property is zoned O(C), Office with a Conditional Use Planned Development and B-2(C), Business District - General Retail with a Conditional Use Planned Development. This is the site of the Calvary Church, which is approximately seventy-four (74) acres. The existing Plan Description was approved as O02-113 on October 22, 2002. The existing Plan Description also includes the approximately thirty-six (36) acres that is planned as the Chelsea Manor townhome subdivision.
The Petitioner, Calvary Church, is requesting a Plan Description Revision to the Conditional Use Planned Development on the property located at 9S200 State Route 59. The details of the request include changes to the Plan Description’s signage standards for Parcel A, to allow for the construction of two new monument signs. Parcel A consists of approximately two thousand, one hundred, eighty-one (2,181) linear feet on the northern portion of the Route 59 frontage, and approximately eight hundred, sixty (860) linear feet on the western portion of the Montgomery Road frontage.
The Plan Description Revision allows for a single monument sign on the Route 59 frontage of Parcel A, with a maximum signage area of two hundred, ten (210) square feet, a maximum height of twelve (12) feet and five (5) inches, a masonry base, and a cap. The Plan Description Revision also allows for a single monument sign on the Montgomery Road frontage of Parcel A, with a maximum signage area of ninety-eight (98) square feet, and a maximum height of seven (7) feet, nine (9) inches, a masonry base, and a cap.
Sign 1 also includes a Digital Message Board, which is in compliance with the applicable sign code requirements per the Chapter 41-15 of the Code of Ordinances.
As part of this approval process, the Petitioner has also agreed to remove all non-conforming temporary signs from the Subject Property.
DISCUSSION:
Staff has reviewed the Conditional Use Planned Development 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, with the exception of the items reflected in the conditions listed in the staff recommendation below.
PUBLIC INPUT:
Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has received one public inquiry regarding the nature of this petition.
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 of the proposal to be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare.
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 operation?
Staff does not believe the proposal to be injurious to the use and enjoyment of the other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood. Staff also believes that the new signage will improve the church's outreach efforts by removing the non-conforming temporary signage from the Subject Property.
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 believe that the establishment of the conditional use impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
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 feel that the proposal will have any impact on the existing 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?
Staff does not feel the proposal will have any impact on traffic congestion in the public streets.
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 that the proposal does, in all other respects, conform 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 (4): To encourage quality site design throughout the City of Aurora.
14.1 (5): To provide for the visual enhancement of the City through attractive landscaping,
quality signage and diverse building design and arrangement.
93.1 (2): To work toward improved signage and street furniture.
RECOMMENDATIONS:
The Planning and Zoning commission recommended CONDITIONAL APPROVAL of the Ordinance Approving a Revision to the Calvary Temple Church Plan Description on 107.3 Acres for Property Located at 9S200 State Route 59, with the following conditions:
1) That all non-conforming temporary ground signs be permanently removed from the Subject Property.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Signage Elevations
Parcel Site Plan
Land Use Petition with Supporting Documents
Legistar History Report
Legistar Number: 22-1063
cc: Building, Zoning and Economic Development Committee:
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 Approving a Revision to the Calvary Temple Church Plan Description on 107.3 Acres for Property Located at 9S200 State Route 59
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, Calvary Temple 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 11/18/2022, Calvary Church filed with the City of Aurora a petition Requesting a Plan Description Revision to the Conditional Use Planned Development on the property located at 9S200 State Route 59 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, the Plan Description established for the subject property with Ordinance O02-113 approved October 22, 2002 shall remain in full force and effect with the exception of the modifications included herein as Exhibit “B”; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on January 4, 2023, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on January 11, 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 approval of the revised Plan Description for the property legally described in Exhibit “A” will promote the sound Building, Zoning and Economic Development of the City, and therefore serve the best interests of the 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: That the revised 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 all non-conforming temporary ground signs be permanently removed from the Subject Property.
Section Six: That all modifications and exceptions under the Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance, as set forth in the revised Plan Description, are here by granted and approved.