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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 ________________
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.
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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.