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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: October 8, 2015
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Lots 2 and 3 of Hercules Park Addition Subdivision, generally located at 1032 Prairie Street, from B-2 General Retail to B-1 Local Retail (Michael Poulakidas - L15-00793 / AU29/2-15.115-Rz/Su/Fpn - TV - Ward 4)
PURPOSE:
The Petitioner, Michael Poulakidas is requesting to amend Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to rezone Lots 2 and 3 of Hercules Park Addition Subdivision, generally known as 1032 Prairie Street, from B-2 General Retail District to B-1 Local Retail District.
BACKGROUND:
The Subject Property is located at 1032 Prairie Street and is made up of three lots which have in recent history been one property, formerly the Colonial Drug Store. This single use property currently has multiple zoning designations. This proposal is to clean up this discrepancy and zone the entire property as B-1 Business District, Local Retail. Currently, Lot 1 is zoned B-1 Business District, Local Retail and Lots 2 and 3 are zoned B-2 Business District, General Retail.
DISCUSSION:
Staff believes that the B-1 Business District, Local Retail is consistent with the trend and character of the Prairie Street business district. This zoning designation will allow for the restaurant with liquor sales as proposed. The B-1 Business District, Local Retail, however, protects the neighborhood character by precluding any future intensification such as a tavern use on the Subject Property.
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:
22.1(5) To recognize the unique characteristics of individual neighborhoods and promote their positive attributes.
30.0 To promote and plan for the location of commercial centers, based on their functions and interrelationships, in order to provide a balanced distribution of commercial development and redevelopment.
31.1(3) To promote the development of commercial facilities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Lots 2 and 3 of Hercules Park Addition Subdivision, generally located at 1032 Prairie Street, from B-2 Business District, General Retail to B-1 Business District, Local Retail.
ATTACHMENTS:
Exhibit "A-1" Legal Description
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: L15-00793
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 Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Lots 2 and 3 of Hercules Park Addition Subdivision, generally located at 1032 Prairie Street, from B-2 General Retail to B-1 Local Retail
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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, JTE Family Properties, LLC is the owner of record of the real estate legally described on Exhibit “A-1”, attached hereto; and
WHEREAS, by petition dated August 20, 2015, Michael Poulakidas filed with the City of Aurora a petition requesting to amend Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to rezone Lots 2 and 3 of Hercules Park Addition Subdivision, generally known as 1032 Prairie Street, from B-2 General Retail District to B-1 Local Retail District.
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 October 7, 2015, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on October 15, 2015, the Planning and Development Committee of the Aurora City Council reviewed said Rezoning 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 all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Three: 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-1”, from B-2 General Retail to B-1 Local Retail District.
Section Four: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
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.