Aurora, Illinois

File #: 14-00726    Version: Name: Marina Arias / 121 N 4 th St Downzoning
Type: Ordinance Status: Passed
File created: 8/21/2014 In control: City Council
On agenda: 10/14/2014 Final action: 10/14/2014
Title: An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by downzoning the property located at 121 N. 4th Street from R-4 Two Family Dwelling to R-3 One Family Dwelling.
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TO:      Mayor Thomas J. Weisner
 
FROM:      Planning Commission
 
DATE:      September 18, 2014
 
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by downzoning the property located at 121 N. 4th Street from R-4 Two Family Dwelling to R-3 One Family Dwelling (Maria Arias - 14-00726 / AU22/4-14.255-Rz - TV - Ward 2)    
 
PURPOSE:
The Petitioner, Maria Arias, is requesting a Rezoning Petition to downzone the property located at 121 N. 4th Street.  The proposal consist of downzoning the property from R-4 Two Family Dwelling District to R-3 One Family Dwelling District.    
 
BACKGROUND:
The Subject Property is located at 121 N. 4th Street and is currently a single family home with R-4 Two Family Dwelling District zoning.   
 
DISCUSSION:
The proposed downzoning is consistent with the City's long standing density reduction policy. In addition, the proposed R-3 zoning will be consistent with the use of the Subject Property and with the zoning of the surrounding neighborhood.   
 
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this project will increase the City's overall tax base and viability by facilitating investment and development.    
 
RECOMMENDATIONS:
Plan Commission would recommend APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by downzoning the property located at 121 N. 4th Street from R-4 Two Family Dwelling to R-3 One Family Dwelling.  
 
ATTACHMENTS:
Legistar History Report
Property Research Sheet
Findings of Fact
Land Use Petition
Legal Description
 
cc:       Planning and Development Committee:
         Alderman Saville, Chairman
        Alderman Donnell
        Alderman Irvin
        Alderman Hart-Burns, Alternate
 
 
 
CITY OF AURORA, ILLINOIS
 
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by downzoning the property located at 121 N. 4th Street from R-4 Two Family Dwelling to R-3 One Family Dwelling.  
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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, Marina Arias is the owner of record of the real estate property legally described on Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth; and
 
WHEREAS, Marina Arias filed a Rezoning petition with the City of Aurora on August 26, 2014, to amend Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to rezone the property legally described on said Exhibit "A" from R-4 Two Family Dwelling to R-3 One Family Dwelling District; 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 17, 2014, with respect to said petition for Rezoning and made their requisite findings of fact as prescribed by Section 11.5-6 Findings of fact and recommendation of the planning commission of said Ordinance Number 3100, and recommended Approval of said petition to the Aurora City Council; and
 
WHEREAS, on September 25, 2014, the Planning and Development Committee of the Aurora City Council reviewed said Rezoning and the before mentioned recommendations and recommended Approval of said petition; and   
 
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That said City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
 
Section Two: 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", attached hereto and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit "A", being the plan(s), from R-4 Two Family Dwelling to R-3 One Family Dwelling District.
 
Section Three: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
 
Section Four: That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
 
Section Five: 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.  
 
 
PASSED AND APPROVED on ______________.
 
AYES ____     NAYS ____     NOT VOTING ____     ABSENT ____
 
 
ATTEST:
 
____________________________                  __________________________
                City Clerk                                          Mayor
 
Legistar Number: 14-00726
 
ATTACHMENTS:
Exhibit "A" Legal Description
 
EXHIBIT "A"
LEGAL DESCRIPTION
For the property located at 121 N. 4th Street, Kane County, IL
 
The Southerly 35 feet of Lot 4 in Block 22 of the Original Town of Aurora on the East Side of the Fox River, in the City of Aurora, Kane County, Illinois
 
Parcel Number(s): 15-22-406-011
Commonly Known as: 121 N. 4th Street.