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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: July 20, 2017
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 315 W. Downer Place from B-1(S) Local Retail Business District to R-4 Two Family Dwelling District (Aminul Karim - 17-00494 / AU21/2-14.242-Rz - AM - Ward 4)
PURPOSE:
The Petitioner, Aminul Karim, is requesting to rezone the property located at 315 W. Downer Place from B-1(S) Local Retail Business District to R-4 Two Family Dwelling District. The property lies on 0.25 acres of land (10,669 sf).
BACKGROUND:
The Subject Property is currently zoned B-1(S) Local Retail Business District zoning with a Special Use for a Planned Development, which is part of the Galena Square Special Use Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
This property along with the other residential buildings on Downer and Chestnut on this block were rezoned to B-1(S) from R-5 in 1980, and then a Planned Development for Downer Plaza was approved in 1982 which developed a shared parking concept for all of these properties which also tied in to the existing commercial uses on Galena Blvd. The 9 properties have the following uses: 305 W. Downer: owner occupied residential unit with accounting business, 315 W. Downer: 1 apartment upstairs, vacant commercial downstairs, 323 W. Downer: 6 apartments, 325 W. Downer: 4 apartments, 331 W. Downer: 1 unit (SF rental), 333 W. Downer: 2 apartments, 30 S. Chestnut: 1 unit (SF rental), 26 S. Chestnut: 3 apartments, 20 S. Chestnut: Business use.
The History of 315 W. Downer is that it was prior to 1989 a 4 unit apartment building. Previous owners (Baker's) purchased in 1989 and converted the first floor to their business use (marketing company), and left 2 apartment units on the second floor. In 1994 they got a Special Use Revision to allow mixed use for them to live in the building as essentially a single family use while continuing to operate their marketing business out of the building as a Home Occupation. The property was foreclosed on in 2012, and the current owner purchased the property in 2013.
The development was envisioned to have the former residential properties eventually converted to a business use on the first floor and allow a residential unit upstairs. Shared parking exists for all of the buildings. Since 1980 when this was zoned B-1, this has not panned out for business use. Only two businesses have gone into these homes (20 S. Chestnut, and 305 W. Downer). The majority have been residential. Most of the conversion of homes to businesses have occurred along West Galena Blvd over the last 30 plus years, not along Downer Place which has remained residential in character. After over 3 years, the owner with the help of his local commercial broker, has not been able to attract a business use to the first floor.
The structure is located on a legal conforming lot per R-4, Two Family Dwelling District bulk restrictions. The Petitioner is requesting to rezone the property at 315 W. Downer Place. The details of the request include rezoning the property from B-1(S) Local Retail Business District zoning to R-4 Two Family Dwelling District to allow 2 units. The property is also served by 11 existing parking spaces. The property is 2,914 sf. with about 1,500 sf. on the first floor and about 1,400 sf. on the second floor. The owner would convert the first floor to a residential unit. The units would each consist of 2 bedrooms and have additional amenities that will be described by the owner.
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. Staff believes the lack of changeover to business use over the last 37 years indicates the highest and best use here may be for an additional large quality residential unit.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received 1 public inquiries regarding this petition from an adjacent owner.
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.
12.1(5) To encourage a graduation from high density residential areas to low density residential areas.
22.1(5) To recognize the unique characteristics of individual neighborhoods and promote their positive attributes.
RECOMMENDATIONS:
The Planning Commission recommended DENIAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 315 W. Downer Place from B-1(S) Local Retail Business District to R-4 Two Family Dwelling District.
ATTACHMENTS:
Exhibit “A” Legal Description
Land Use Petition with Supporting Documents
Property Research Sheet
Plat of Survey
Legistar History Report
Legistar Number: 17-00494
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 Property located at 315 W. Downer Place from B-1(S) Local Retail Business District to R-4 Two Family Dwelling 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, Aminul Karim 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 May 30, 2017, Aminul Karim filed with the City of Aurora a petition Requesting to rezone the property at 315 W. Downer Place from B-1(S) Local Retail Business District to R-4 Two Family Dwelling 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 July 5, 2017, reviewed the petition and recommended DENIAL of said petition; and
WHEREAS, on July 13, 2017, the Planning and Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended ______ 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 B-1(S) Local Retail Business District to R-4 Two Family Dwelling District