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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: December 3, 2015
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 232 Plum Street from R-4 Two Family Dwelling to R-3 One Family Dwelling (Joseph Harris - 15-00972 / AU22/1-15.247-Rz - AM - Ward 6)
PURPOSE:
The Petitioner, Joseph Harris is requesting to rezone the property at 232 Plum Street from R-4 Two Family Dwelling District to R-3 One Family Dwelling District.
BACKGROUND:
The Subject Property is located at 232 Plum Street and is currently utilized as single family home with R-4 Two Family Dwelling zoning. The property is generally located on the south side of Plum Street and Batavia Avenue. The subject property is designated as Low Density Residential on the Comprehensive Plan and the proposed rezoning is in accordance said land use. The property was last licensed as an active two unit in 2009. Mr. Harris purchased the property in 2014 to be used as a single family residence and wishes to have the zoning reflect this use.
DISCUSSION:
Staff has reviewed the Rezoning petition and have determined that it meets the applicable codes and ordinances.
POLICIES AND GUIDELINES :
11.0 To guide the growth of the City in an orderly and structured manner.
22.1(1) To achieve appropriate zoning protection for residential areas designated in the land use plan.
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 232 Plum Street from R-4 Two Family Dwelling to R-3 One Family Dwelling.
ATTACHMENTS:
Exhibit "A" Legal Description
Land Use Petition and Supporting Documents
Plat of Survey
Property Research Sheet
Legistar Number: 15-00972
cc: 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 Rezoning Property located at 232 Plum 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, Joseph Harris is the owner of record of the real estate legally described on Exhibit “A-1”, attached hereto; and
WHEREAS, by petition dated October 30, 2015, Joseph Harris filed with the City of Aurora a petition requesting to rezone said property located at 232 Plum Street from R-4 Two Family Dwelling District 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 December 2, 2015, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on December 10, 2015, 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
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning Commission, finds that the proposed Rezoning 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 Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto are hereby amended to re-zone the property described in Exhibit "A" from R-4 Two-Family Dwelling District 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 part 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.