Aurora, Illinois

File #: 16-00769    Version: Name: East Aurora High School / Special Use Rezoning / 500 Tomcat Lane
Type: Ordinance Status: Passed
File created: 8/9/2016 In control: City Council
On agenda: 10/11/2016 Final action: 10/11/2016
Title: An Ordinance Establishing a Special Use Planned Development, Approving the East Aurora High School Campus Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of P(S) Park and Recreation for the property located at 500 Tomcat Lane being on the south side of 5th Avenue between State Street and Smith Boulevard
Attachments: 1. Exhibit "A" Legal Description.pdf, 2. Exhibit "B" Plan Description 2016-09-15.pdf, 3. Property Research Sheet 29147-29591.pdf, 4. Land Use Petition and Supporting Documents - 2016-08-09 - 2016.040.pdf, 5. Plat of Survey - 2016-08-09 - 2016.040.pdf, 6. Findings of Facts - 2016-09-16 - 2016-040.pdf, 7. Legistar History Report ( Special Use Planned Development) - 2016-09-23 - 2016.040.pdf

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TO:                     Mayor Thomas J. Weisner

 

FROM:                     Planning Commission

 

DATE:                     September 22, 2016

 

SUBJECT:

An Ordinance Establishing a Special Use Planned Development, Approving the East Aurora High School Campus Plan Description and Amending Ordinance Number 3100, being on the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of P(S) Park and Recreation for the property located at 500 Tomcat Lane being on the south side of 5th Avenue between State Street and Smith Boulevard (East Aurora School District #131 - 16-00769 / AU26/3-16.040-Su/Fsd/Fpn - TV - WARD 3)  

 

PURPOSE:

The Petitioner, East Aurora School District #131, is requesting the establishment of a Special Use Planned Development, and to change the underlying zoning district on a portion of the Subject Property from R-1 Single Family Dwelling District to P Park and Recreation District on the property located at 500 Tomcat Lane being on the south side of 5th Avenue between State Street and Smith Boulevard  

 

BACKGROUND:

The Subject Property is located at 500 Tomcat Lane and is the home of the East Aurora High School Campus and John Gates Elementary School, both longtime grandfathered uses opened in the late 1950's.  The property is currently zoned with P Park and Recreation District and R-1 Single Family Dwelling District zoning.  Additional information on the legislative history of the property can be found in the attached Property Information Sheet.

 

The Plan Description rezones the Subject Property to P(S) Park and Recreation.  It also includes a modification to the Aurora Zoning Ordinance and a modification to the Aurora Sign Ordinance. The modification to the Aurora Zoning Ordinance is to allow Education Services as a permitted uses in the P District. The modification to the Aurora Sign Ordinance is to allow the proposed electronic message board to be up to 50% of the sign face. 

 

The Plan Description establishes setbacks for the East Aurora High School Campus which are being established at 20 feet for 5th Avenue and 6th Avenue, a 10 foot setback for Ziegler Avenue and Smith Boulevard and a 0 foot setback for State Street, and interior side and rear yard setbacks being between 0 to 20 feet as determined on the Final Plan.

 

Concurrently with this proposal, the Petitioner is proposing a Final Plat.  The Final Plat proposal will consolidate all of the various parcels the District owns into 2 lots.  Lot 1 will consist of the East Aurora High School Campus and the John Gates Elementary School.  Lot 2 will consist of a vacant property at the end of Binder Street that is owned by the School District, which is being kept separate from the main lot as it is bisected by Binder Street and Pleasant Place right of way.

 

The Final Plan proposal, which is also being reviewed and approved concurrently, consists of a substantial upgrade to East High School Campus increasing the capacity of the school from approximately 3,800 students to 4,400 students.  The improvements include three building additions which will house 20 new classrooms, a fine arts center and a cafeteria remodel; a new stadium, concession building and storage building; new parking facilities; traffic flow improvements; and stormwater infrastructure. 

 

The new stadium, located in approximately the same location as the old stadium, includes football, soccer, track fields and visitor and home grandstands with the capacity to hold 4,000 people.  The parking improvements include the expansion of the lot south of the proposed stadium and new perpendicular parking along State Street.  This will increase the parking count from 652 spaces to 702 spaces being a net gain of 50 parking spaces. There are also 65 "banked" parking spaces which are also shown on the plan to serve future need.  In order to encourage students to utilize the on campus parking spaces the East Aurora School District will set policies which remove potential hurdles to student's use of on campus parking and monitor the parking levels on the campus.  The School District will report those parking levels to the City on an annual basis and if the City determines that the additional "banked" parking is needed the School District will construct said parking within 12 months of being requested by the City to do so. 

 

The traffic flow improvements include a new bus/drop-off lane on 5th Avenue along the front of the school and the reconfiguration of Tomcat Lane to accommodate an onsite drop-off lane for parents and students through the center of the parking facility.  The stormwater improvements are located south of the John Gates Elementary school and provide the stormwater improvements needed for the other improvements. 

 

DISCUSSION:

Staff has reviewed the Rezoning and Special Use 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.

 

Public Input: Due public notice was given for the public hearing on this matter.  As of the date of this memo, staff has received public inquiries requesting additional information on this petition. 

 

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.

12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.  

 

RECOMMENDATIONS:

The Planning Commission recommended CONTIONAL APPROVAL of the Ordinance Establishing a Special Use Planned Development, Approving the East Aurora High School Campus Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of P(S) Park and Recreation for the property located at 500 Tomcat Lane being on the south side of 5th Avenue between State Street and Smith Boulevard with the following conditions:

 

1. That in order to encourage students to utilize the on campus parking spaces the East Aurora School District will set policies which create incentives and remove potential hurdles to encourage student's use of on campus parking. The School District will monitor the parking levels on the campus and report those parking levels to the City on an annual basis, and if the City determines that the additional "banked" parking is needed the School District will construct said parking within 12 months of being requested by the City to do so. 

 

2. That the East Aurora School District continue to work with the City's Traffic Engineer to help alleviate traffic congestion and facilitate traffic flow in and around the campus especially on State Street and 5th Avenue.    

 

ATTACHMENTS:

Exhibit "A" Legal Description

Exhibit "B" Plan Description

Land Use Petition with Supporting Documents

Property Research Sheet

 

Legistar Number: 16-00769   

 

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, Approving the East Aurora High School Campus Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of P(S) Park and Recreation for the property located at 500 Tomcat Lane being on the south side of 5th Avenue between State Street and Smith Boulevard

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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, East Aurora School District  #131 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 August 9, 2016, East Aurora School District #131 filed with the City of Aurora a petition requesting the establishment of a Special Use Planned Development, and to change the underlying zoning district on a portion of the Subject Property from R-1 Single Family Dwelling District to P Park and Recreation District on the property located at 500 Tomcat Lane being the south side of 5th Avenue between State Street and Smith Boulevard

 

 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 21, 2016, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and

 

WHEREAS, on September 29, 2016, the Planning and 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 Commission, finds that the proposed Rezoning and 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 4.3 (8000) and Section 10.6 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 conditions:

 

1. That in order to encourage students to utilize the on campus parking spaces the East Aurora School District will set policies which create incentives and remove potential hurdles to encourage student's use of on campus parking. The School District will monitor the parking levels on the campus and report those parking levels to the City on an annual basis, and if the City determines that the additional "banked" parking is needed the School District will construct said parking within 12 months of being requested by the City to do so. 

 

2. That the East Aurora School District continue to work with the City's Traffic Engineer to help alleviate traffic congestion and facilitate traffic flow in and around the campus especially on State Street and 5th Avenue.

 

3. That there be no vehicular access to the campus from 6th Avenue.

 

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 Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto be, and the same are, hereby amended to rezone the real estate property described in Exhibit “A”, from P Park and Recreation and R-1 Single Family Dwelling District to P(S) Park and Recreation District.  Upon termination of the use of said property for a Planned Development (8000) this Special Use permit shall terminate and the classification of P Park and Recreation 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.