Aurora, Illinois

File #: 14-00571    Version: Name: Alfredo and Emilia Puga
Type: Ordinance Status: Passed
File created: 7/10/2014 In control: City Council
On agenda: 8/26/2014 Final action: 8/26/2014
Title: An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 146 N. State 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:      August 7, 2014
 
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 146 N. State Street from R-4 Two Family Dwelling to R-3 One Family Dwelling (Alfredo and Emilia Puga - 14-00571 / AU23/3-14.212-Rz - ES - Ward 2) (PUBLIC HEARING)    
 
PURPOSE:
The Petitioner, Alfredo and Emilia Puga, has submitted a Rezoning Petition to downzone the property from R-4 Two Family Dwelling District to R-3 One-Family Dwelling District located at 146 N. State Street. It is currently a single family home.    
 
BACKGROUND:
This property is on the east side of town in an area of primarily single family homes with a scattering of two family dwellings.  
 
DISCUSSION:
This petition will bring the zoning into compliance with the current use of the property.  This also matches the City policy of lowering density in certain older neighborhoods.  
 
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.  This will lower density thus reducing the demand for City services.   
 
RECOMMENDATIONS:
Staff would recommend APPROVAL of the An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 146 N. State Street from R-4 Two Family Dwelling to R-3 One Family Dwelling.  
 
ATTACHMENTS:
Property Research Sheet
Finding of Facts
Planning Council Report
Land Use Petition
Plat of Survey
 
 
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 146 N. State 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, Alfredo and Emilia Puga 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, Alfredo and Emilia Puga filed a Rezoning petition with the City of Aurora on July 15, 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; 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 August 6, 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; and
 
WHEREAS, on August 14, 2014, the Planning and Development Committee of the Aurora City Council reviewed said Rezoning and recommended Approval of said petition; and
 
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, 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" and depicted in Exhibit "B", being the plan(s), from R-4 Two Family Dwelling to R-3 One Family Dwelling.
 
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
 
Passed and Approved Standard
 
Legistar Number: 14-00571
 
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Information Sheet
 
 
EXHIBIT "A"
LEGAL DESCRIPTION
For the property located at 146 N. State Street, Kane County, IL
 
The northerly 55 feet of the southerly ½ of Lot 1 and the northerly 55 feet of the southeasterly ¼ of Lot 2 in block 11 of Stephenson's addition to Aurora, in the City of Aurora, Kane County, Illinois.
 
 
 
Parcel Number(s): 15-23-351-028
Commonly Known as: 146 N. State Street located in Kane County.
 
 
 
EXHIBIT "B"
PLAN INFORMATION SHEET
Plan for the property located at 146 N. State Street, Aurora, IL
 
Case File Number:  AU23/3-14.212-Rz
 
Tax Parcel Number:  15-23-351-028
 
Owner:  
Alfredo Puga
146 N. State Street
Aurora, IL 60505
 
Plan Prepared By:
Village Green Associates, Inc.
506 Barrett Street
Elgin, IL 60120
Date Plat Received:  July 11, 2014
 
                  
NOTE:  A COPY OF THIS PLAT AS REFERENCED HEREON IS ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.