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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: September 8, 2016
SUBJECT:
An Ordinance Establishing a Special Use Planned Development, Approving the Aurora Interfaith Food Pantry Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of B-3(S) Business and Wholesale and R-2(S) One Family Dwelling for the property located at 1110 Jericho Road and 1128 Jericho Road being south side of Jericho Road near Montgomery Avenue (Aurora Interfaith Food Pantry - 16-00807 / AU29/4-14.259-Rz/Su/Fsd/Fpn - TV - Ward 4)
PURPOSE:
The Petitioner, Aurora Interfaith Food Pantry, is requesting the Establishment of a Special Use Planned Development, and to change the underlying zoning district from M-1 Manufacturing - Limited, M-2 Manufacturing - General and R-1 One Family Dwelling District to B-3(S) Business and Wholesale and R-2(S) One Family Dwelling District on the property located at 1110 Jericho Road and 1128 Jericho Road.
BACKGROUND:
The Subject Property is located at 1110 Jericho Road and 1128 Jericho Road, being on the south side of Jericho Road near Montgomery Avenue. The property at 1110 Jericho Road is currently utilized as the Aurora Interfaith Food Pantry with M-1 Manufacturing - Limited and M-2 Manufacturing - General zoning and the property located at 1128 Jericho Road is utilized as a single-family residence with R-1 One Family Dwelling zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is proposing a Rezoning and Special Use on the Subject Property to B-3(S) Business and Wholesale District (Lot 1) and R-2(S) One-family Dwelling District (Lot 2) with a Special Use Planned Development. The Plan description includes setbacks variances in order to make both lots conforming.
Concurrently with this proposal, Aurora Interfaith Food Pantry currently owns two parcels and is in the process of acquiring a portion of the property at 1128 Jericho Road. A Final Plat is being proposed to create a two lot subdivision. Lot 1, being the Aurora Interfaith Food Pantry and Lot 2, being the existing residence at 1128 Jericho Road.
A Final Plan is also being requested for Lot 1 to add improvements which will improve vehicle and pedestrian circulation in the site. The proposal consists of creating a second entrance off of Jericho Road on the west side of the building, constructing a parking lot at the southwestern corner of the property, and installing a sidewalk from the proposed parking lot to the entrance of the building. In addition, a fence is being proposed along the residential portion of the property for screening.
Pursuant to the City's Stormwater Ordinance the limited scope of the project does not kick in a detention requirement for the proposed improvements however, the Petitioner is proposing to add 3 rain gardens to help capture, detain, and filter the runoff from the proposed improvements.
DISCUSSION:
Staff has reviewed the Rezoning and Special Use petition and have sent comments back to the petitioner 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 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:
11.0 To guide the growth of the City in an orderly and structured manner.
11.1(3) To encourage new development contiguous to existing development
12.0 To plan and provide for the growth of the City through the integration of land use patterns and functions that promote complementary interactions between different land use components.
71.1 (1) To locate and direct urban growth to areas where municipal services are available or proposed
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Ordinance Establishing a Special Use Planned Development, Approving the Aurora Interfaith Food Pantry Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of B-3(S) Business and Wholesale and R-2(S) One Family Dwelling for the property located at 1110 Jericho Road and 1128 Jericho Road being south side of Jericho Road near Montgomery Avenue
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Findings of Fact
Land Use Petition with Supporting Documents
Landscape Material Worksheet (1-23)
Property Research Sheet
Legistar Number: 16-00807
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Establishing a Special Use Planned Development, Approving the Aurora Interfaith Food Pantry Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of B-3(S) Business and Wholesale and R-2(S) One Family Dwelling for the property located at 1110 Jericho Road and 1128 Jericho Road being south side of Jericho Road near Montgomery 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, Aurora Area Interfaith Food Pantry 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 18, 2016, Aurora Interfaith Food Pantry filed with the City of Aurora a petition requesting the Establishment of a Special Use Planned Development, and to change the underlying zoning for the property from M-1 Manufacturing - Limited, M-2 Manufacturing - General and R-1 One Family Dwelling District to B-3(S) Business and Wholesale and R-2(S) One Family Dwelling District, for the property located at 1110 and 1128 Jericho Road (being the south side of Jericho Road near Montgomery Avenue); and
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Aurora Plan Commission conducted a public hearing on September 7, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on September 15, 2016, the Planning and Development Committee of the Aurora City Council reviewed said petition and the recommendation of the Plan Commission and has also recommended APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Plan 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 4.3 (8000) and Section 10.6 thereof, a Special Use permit is hereby granted for a Planned Development (8000) use for the real estate legally described in Exhibit “A”.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Planned Development (8000) 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 Plan Description in the form of Exhibit “B” attached hereto and included herein by reference as if fully set forth and incorporated in and made a part of this Ordinance is hereby approved
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 B-3 Business and Wholesale and R-2 One Family Dwelling and upon termination of the use of said property for a Planned Development (8000) this Special Use permit shall terminate and the classification of B-3 Business and Wholesale and R-2 One Family Dwelling shall be in full force and effect.
Section Eleven: That this Planned Development (8000) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Twelve: That all modifications and exceptions under the Aurora Zoning Ordinance and all modifications and exceptions from the Aurora Subdivision Control Ordinance, as set forth in the Plan Description, are here by granted and approved.