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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: March 22, 2019
SUBJECT:
An Ordinance Granting a Special Use Permit for a Community Residence, Major (1520) Use on the Property located at 537 Hartford Avenue (Hope for Tomorrow, Inc. - 19-0132 / AU29/2-18.227-A/Su - SB - Ward 4) (PUBLIC HEARING)
PURPOSE:
The Petitioner, Hope for Tomorrow, Inc., is requesting approval of a Special Use for a Community Residence, Major (1520) use, for the property located at 537 Hartford Avenue. Details of the request include continued use of the existing home, in compliance with the City of Aurora’s applicable standards, for a group home that provide recovery assistance to clients with substance abuse disorders.
BACKGROUND:
The Subject Property is currently located in Unincorporated Kane County. The property is .351 acres, and maintains a two-story detached, single-family home that is approximately 2,000 square feet. The home currently has five bedrooms, two bathrooms, and eight beds. Additional information on the legislative history of the property can be found in the attached Property Research Sheet.
The Petitioner, Hope for Tomorrow, Inc., is requesting approval of a Special Use for a Community Residence, Major (1520) use. Hope for Tomorrow has been operating at this location since 1999 as a group home for no more than eight adult men with substance use disorders. Hope for Tomorrow maintains other similar residences in Aurora.
In addition, the Petitioner has gone to great lengths with this Special Use application to ensure that Hope for Tomorrow will not only continue fulfilling its mission to improve the lives of Aurora’s residents in need, but to also ensure compliance with the applicable zoning and development standards, as it is incorporated into the City’s limits.
Concurrently with this proposal, the Petitioner is requesting the Annexation of .351 acres to the City of Aurora with an R-1(S), One Family Dwelling district with a Special Use, so that the structure can connect to City water.
DISCUSSION:
Staff has reviewed the Special 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
Public input: Due public notice was given for the public hearing on this matter. As of the dates of this memo, Staff has received public inquiries requesting additional information regarding its nature.
POLICIES AND GUIDELINES :
Staff's evaluation and recommendation are based on the following Physical Development Policies:
22.1 (1): To achieve appropriate zoning protection for residential areas designated
in the land use plan.
22.2 (2): To protect designated areas of existing conventional single-family
development from inappropriate, highly intensive land uses.
22.1 (5): To recognize the unique characteristics of individual neighborhoods and
promote their positive attributes.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Granting a Special Use Permit for a Community Residence, Major (1520) Use on the Property located at 537 Hartford Avenue.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
cc: Planning & Development Committee:
Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Special Use Permit for a Community Residence, Major (1520) Use on the Property located at 537 Hartford Avenue
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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, Gilbert, Jeffrey S & Janet J 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 February 18, 2019, Hope for Tomorrow, Inc. filed with the City of Aurora a petition requesting approval of a Special Use for a Community Residence, Major (1520) Use, located at 537 Hartford Avenue; 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 March 20, 2019, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on March 28, 2019, the Planning and 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 Commission, finds that the proposed 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 10.6 and Section 4.3 (1520) a Special Use permit is hereby granted for a Community Residence, major (1520) 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 Community Residence, Major (1520) 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 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.
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 the property legally described in Exhibit “A” shall remain in the underlying zoning classification of R-1(S) One Family Dwelling District with a Special Use and upon termination of the use of said property for a Community Residence, major (1520) use, this Special Use permit shall terminate and the classification of R-1(S) One Family Dwelling District with a Special Use shall be in full force and effect.
Section Eleven: That this Community Residence, major (1520) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.