Aurora, Illinois

File #: 17-00545    Version: Name: City of Aurora / Palace Street Park / Downzoning
Type: Ordinance Status: Passed
File created: 6/15/2017 In control: City Council
On agenda: 9/26/2017 Final action: 9/26/2017
Title: An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by downzoning the Palace Street Park property located west of Palace Street and north and south of Michigan Avenue from R-1 One Family Dwelling and R-5 Multiple Family Dwelling to P Park and Recreation
Attachments: 1. Exhibit "A" Legal Description.pdf, 2. Property Research Sheet - 2017-01-30 - 2017.010.pdf, 3. Legistar History Report - 2017-09-07 - 2017.010.pdf

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TO:                     Mayor Richard C. Irvin

 

FROM:                     Planning Commission

 

DATE:                     September 7, 2017

 

SUBJECT:

An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by downzoning the Palace Street Park property located west of Palace Street and north and south of Michigan Avenue from R-1 One Family Dwelling and R-5 Multiple Family Dwelling to P Park and Recreation District (City of Aurora - 17-00545 / AU15/1-17.010-DZ - JM - Ward 6)  

 

PURPOSE:

The Petitioner City of Aurora is requesting to downzone the Palace Street Park property located west of Palace Street and north and south of Michigan Avenue from R-1 One Family Dwelling and R-5 Multiple Family Dwelling District to P Park and Recreation District which includes the development of a park at the location.  

 

BACKGROUND:

The Subject Properties are currently parking lots with R-1 One Family Dwelling and R-5 Multiple Family zoning.  Additional information on the legislative history of the property can be found in the attached Property Information Sheet. 

 

The Petitioner is requesting to downzone the Palace Street Park to P Park and Recreation District.  These parking lots will be converted to a park to provide open space to the residents in the surrounding area. The details of the project and the exact configuration of the park are still being determined, but the park will include playground equipment for children and green space for passive recreation. 

 

DISCUSSION:

Staff has reviewed the downzoning petition and have determined that it meets the applicable codes and ordinances.  The downzoning in order to create a park will provided much needed green area for this residential neighborhood and is consistent with the City’s goals to provide open space and recreational opportunities for all segments of the City’s population.

 

Public Input: Due public notice was given for the public hearing on this matter.  As of the date of this memo, staff has not received public inquiries regarding this petition.

 

 

POLICIES AND GUIDELINES:

The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:

 

14.1                     (5)                     To provide for the visual enhancement of the City through attractive landscaping, quality signage and diverse building design and arrangement.

80.0                                          To promote adequate and convenient Openspace and recreation facilities for all segments of the City’s population.

80.1                     (1)                     To cooperate with the Fox Valley Park District, the school districts and the County Preserve Commission in meeting the open space and recreational needs of the City.  

 

RECOMMENDATIONS:

The Planning Commission recommended APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by downzoning the Palace Street Park property located west of Palace Street and north and south of Michigan Avenue from R-1 One Family Dwelling and R-5 Multiple Family Dwelling to P Park and Recreation District. 

 

ATTACHMENTS:

EXHIBITS:

Exhibit “A” Legal Description

Property Research Sheet

Legistar History Report

 

Legistar Number: 17-00545

 

 

cc:                     

Alderman Michael B. Saville, Chairman

Alderman Sherman Jenkins, Member

Alderman Carl Franco, Member

Alderman William "Bill" Donnell, Alternate

 

CITY OF AURORA, ILLINOIS

 

ORDINANCE NO. _________

DATE OF PASSAGE ________________

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An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by downzoning the Palace Street Park property located west of Palace Street and north and south of Michigan Avenue from R-1 One Family Dwelling and R-5 Multiple Family Dwelling to P Park and Recreation

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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, the City Of Aurora 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 8, 2017, the City of Aurora filed with the City of Aurora a petition requesting to downzone the Palace Street Park property located west of Palace Street and north and south of Michigan Avenue from R-1 One Family Dwelling and R-5 Multiple Family Dwelling District to P Park and Recreation 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 6, 2017, reviewed the petition and recommended APPROVAL of said petition; and

 

WHEREAS, on September 14, 2017, 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 Rezoning / Downzoning 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: 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 R-1 One Family Dwelling and R-5 Multiple Family Dwelling District to P Park and Recreation District.