Aurora, Illinois

File #: 17-01020    Version: Name: Santos Ochoa / 835 E. Galena Boulevard / Rezoning
Type: Ordinance Status: Passed
File created: 11/3/2017 In control: City Council
On agenda: 12/19/2017 Final action: 12/19/2017
Title: An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map Attached Thereto, by Rezoning the Property Located at 835 East Galena Boulevard, being the Southwest Corner of East Galena Boulevard and Smith Street, from R-2, One-Family Dwelling District to NC, Neighborhood Commercial District.
Attachments: 1. Exhibit "A" Legal Description - 2017-11-28 - 2017.160.pdf, 2. Plat of Survey - 2017-11-27 - 2017.160.pdf, 3. Land Use Petition and Supporting Documents - 2017-11-02 - 2017.160.pdf, 4. Property Research Sheet - 2017-08-07 - 2017.160.pdf, 5. Legistar History Report - 2017-12-07 - 2017.160.pdf, 6. 17-01020 - 12-14- O - Amending Ordinance Number 3100 by Rezoning the Property at 835 E Galena Blvd Ward 7.pdf

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TO:                     Mayor Richard C. Irvin

 

FROM:                     Planning Commission

 

DATE:                     December 7, 2017

 

SUBJECT:

An Ordinance Amending Ordinance Number 3100, Being the Aurora Zoning Ordinance and the Zoning Map Attached Thereto, by Rezoning the Property Located at 835 East Galena Boulevard, being the Southwest Corner of East Galena Boulevard and Smith Street, from R-2, One-Family Dwelling District to NC, Neighborhood Commercial District (Santos Ochoa - 17-01020 / AU26/1-17.160-Rz - SB - Ward 7)  

 

PURPOSE:

The Petitioner, Santos Ochoa, is requesting to rezone the property at 835 East Galena Boulevard, from R-2, One-Family Dwelling District to NC, Neighborhood Commercial District.  

 

BACKGROUND:

The subject property currently is zoned R-2, One Family Dwelling District.  The subject property maintains a one-story commercial structure, which is 1,602 square feet.  The structure has been vacant since 2013 when it was used as a laundromat, and as a result, is no longer a legal non-conforming use per the R-2 zoning district's standards.  Additional information can be found in the attached Property Research Sheet.

 

The Petitioner is requesting to rezone the property to the NC, Neighborhood Commercial.  The Petitioner intends to utilize the existing structure to operate an accounting and tax business, which is classified as a Business and Professional, Office (2400) use.  This commercial use is compatible with the standards of the Neighborhood Commercial zoning district.  In addition, the Petitioner will also provide external and internal remodeling efforts as a means to ensure that the structure will meet the needs of his business.  The existing parking lot will also be re-striped by the Petitioner to provide 7 parking for employees and customers. 

 

DISCUSSION:

Staff has reviewed the Rezoning 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 received one public inquiry requesting additional information on this petition. 

 

POLICIES AND GUIDELINES :

14.1 (2):                     To promote the preservation and revitalization of older residential neighborhoods

                                          and commercial areas within the City of Aurora.

22.1 (1):                      To achieve appropriate zoning protection for residential areas designated in the

                                          land use plan.

22.1 (2):                     To protect designated areas of existing conventional single-family development

                                          from inappropriate, highly intensive land uses.  

 

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 Rezoning the Property Located at 835 East Galena Boulevard, being the Southwest Corner of East Galena Boulevard and Smith Street, from R-2, One-Family Dwelling District to NC, Neighborhood Commercial District. 

 

ATTACHMENTS:

EXHIBITS:

Exhibit "A" Legal Description

Plat of Survey

Land Use Petition with Supporting Documents

Property Research Sheet

Legistar History Report

Findings of Fact

 

Legistar Number 17-01020

 

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 Rezoning the Property Located at 835 East Galena Boulevard, being the Southwest Corner of East Galena Boulevard and Smith Street, from R-2, One-Family Dwelling District to NC, Neighborhood Commercial District.

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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, Ochoa, Santos & Ilsia 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 November 2, 2017, Santos Ochoa filed with the City of Aurora a petition requesting to rezone said property located at 835 East Galena Boulevard, being the southwest corner of Galena Boulevard and Smith Street from R-2, One-Family Dwelling District to NC, Neighborhood Commercial 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 6, 2017, reviewed the petition and recommended APPROVAL of said petition; and

 

WHEREAS, on December 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 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-2, One-Family Dwelling District to NC, Neighborhood Commercial District.