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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: June 4, 2015
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property from R-4 Two Family Dwelling to R-3(S) One Family Dwelling, and Establishing a Special Use Planned Development and Approving the Plan Description for 0.13 Acres located at 20 N. Chestnut Street, Aurora, Illinois 60506 (Trevino Properties, LLC - L15-00231 / AU21/2-14.060-Rz/Su - TV - Ward 6)
PURPOSE:
The Petitioner, Trevino Properties, LLC is Requesting a Rezoning and Special Use Petition to rezone property at 20 N. Chestnut from R-4 to R-3(S) with a Special Use for a Planned Development.
BACKGROUND:
The Subject Property is located at 20 N. Chestnut Street and is currently a 2-unit, however, only one unit has been occupied in the last several years. The property has R-4 Two Family Dwelling zoning and is generally located at the corner of Chestnut Street and the alley between Galena Avenue and New York Street.
In 2013, the Petitioner concurrently applied for two Petitions, a Special Use Petition on 403 W. Galena Boulevard for a medical office which is located just south of 20 N. Chestnut Street and a Rezoning Petition for the property at 20 N. Chestnut Street from R-4 Two Family Dwelling District to O Office District.
The Planning Commission and Planning and Development Committee recommended approval of both Petitions, however, at the Committee of the Whole meeting the Petition for 20 N. Chestnut Street was returned to Planning Commission and a condition was place on the Special Use Petition for 403 W. Galena Boulevard stating that the Petitioner agrees to submit and support a revised Rezoning Petition to R-3(S) for 20 N. Chestnut Street to allow non-residential parking and the flex single-family/office uses prior to Certificate of Occupancy for the medical use at 403 W. Galena Boulevard. This Special Use was approved in November of 2013.
The Rezoning Petition for 20 N. Chestnut to was withdrawn and in March of this year, the Petitioner filed this new Rezoning and Special Use Petition to meet the condition that was placed on the Special Use Petition for 403 W. Galena Boulevard.
This Petition rezones the property from R-4 to R-3(S) with a Special Use for a Planned Development and the plan description allows for the non-residential parking within the R-3 zoning district and the flex single-family dwelling and office uses. In addition, the proposal calls for the planting of shrubs around the perimeter of the property in order to buffer the historic house from the parking lot to the rear (west) and from the alley to the south.
DISCUSSION:
Staff has reviewed the Rezoning and Special Use petition, submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances, with the exception of the items mentioned in the Staff Recommendation listed below.
Staff supports the rezoning of 20 N. Chestnut Street to R-3(S) with a Special Use for a Planned Development. It is Staff's opinion that it is no longer a viable 2-unit given the lack of green space to the sides and rear of the subject home. The property is better suited for a single-family dwelling or an office related use due to the adjacent parking areas to the immediate west and south as well as the neighboring office buildings which border the Subject Property to the south along Galena. While the historic structure at 20 N. Chestnut is being preserved, staff believes that the use as a 2-unit is no longer appropriate and that a new use would be more fitting.
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 regarding this petition asking for additional information.
POLICIES AND GUIDELINES :
The Staff's Evaluation and Recommendation are based on the following Physical Development Policies:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City's position as a regional center.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.
RECOMMENDATIONS:
The Planning Commission recommends CONDITIONAL APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property from R-4 Two Family Dwelling to R-3(S) One Family Dwelling, and Establishing a Special Use Planned Development and Approving the Plan Description for 0.13 Acres located at 20 N. Chestnut Street, Aurora, Illinois 60506 with the following conditions:
1. That the property described in Exhibit "A" be developed in accordance with the Landscape Plan shown in Exhibit "C"
2. That any landscaping installed that should die be replaced prior to the next planting season.
3. That the owner maintains the premises and structure at 20 N. Chestnut to be attractive and stable to ensure that the property is preserved in keeping with the standards found in the City of Aurora Historic Districts & Landmarks Guidelines book.
4. That a recorded parking agreement between 20 N. Chestnut and 403 W. Galena Boulevard shall be submitted to the City which commits a minimum of six parking spaces to be used by the owner of 403 W. Galena Boulevard and shall have no end date.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Exhibit "C" Landscape Plan
Property Research Sheet
Planning Council Report
Land Use Petition
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 Property from R-4 Two Family Dwelling to R-3(S) One Family Dwelling, and Establishing a Special Use Planned Development and Approving the Plan Description for 0.13 Acres located at 20 N. Chestnut Street, Aurora, Illinois 60506
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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, Trevino Properties, LLC is the owner of record of the real estate property legally described on Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth; and
WHEREAS, Trevino Properties, LLC filed a Rezoning and Special Use petition with the City of Aurora on March 12, 2015, to rezone the property from R-4 to R-3(S) and to establish a Special Use Planned Development and to approve a Plan Description for the property legally described in Exhibit "A"; and
WHEREAS, a Plan Description in the form of Exhibit "B", attached hereto and included herein by reference as if fully set forth, have been duly submitted to the Corporate Authorities of the City of Aurora for review for the property described in Exhibit "A"; 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 May 20, 2015, and recommended CONDITIONAL APPROVAL of the Rezoning and Special Use; and
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 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", attached hereto and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit "A" from R-1, B-3 and B-3(S) to B-2(S) General Retail and a Special Use permit is hereby granted for a Special Use Planned Development for the real estate property legally described in Exhibit "A".
Section Three: 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 with the following conditions:
1. That the property described in Exhibit "A" be developed in accordance with the Landscape Plan shown in Exhibit "C"
2. That any landscaping installed that should die be replaced prior to the next planting season.
3. That the owner maintains the premises and structure at 20 N. Chestnut to be attractive and stable to ensure that the property is preserved in keeping with the standards found in the City of Aurora Historic Districts & Landmarks Guidelines book.
4. That a recorded parking agreement between 20 N. Chestnut and 403 W. Galena Boulevard shall be submitted to the City which commits a minimum of six parking spaces to be used by the owner of 403 W. Galena Boulevard.
Section Four: That this Rezoning and Special Use approved 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 applicant and his respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Five: 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 Pan Description, are here by granted and approved.
Section Six: That this Ordinance shall take effect and be in full force and effect upon and after its passage, approval and publication in pamphlet from as required by law.
Section Seven: That all ordinances or part of ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Seven: 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.