cover
TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: April 21, 2016
SUBJECT:
An Ordinance Granting Revisions to the Special Use Permit for a Parking Lot expansion on the Property located at 941-951 and 971-981 Old Indian Trail (Aurora Properties, LLC - 16-00248 / AU16/1-14.200-Su/PD/R/Fpn - ES - Ward 6)
PURPOSE:
The petitioner is requesting a revision to the existing Special Use permit to expand the parking lot for the apartment complex to accommodate 22 additional spaces.
BACKGROUND:
The Indian Meadows apartment complex was constructed in 1972. The property was granted R-5(S) zoning with a Special Use Planned Development approved on November 24, 1970 with Ordinance Number O1970-4148. It consists of two apartment buildings with 57 total units. To the west, south and east are single family homes, and to the north across Indian Trail Road are duplexes. There are currently approximately 81 parking spaces on the site. The petitioner wishes to add 22 parking spaces on the west end of the property, making 103 spaces. In addition, curb and gutter will be installed along the frontage of Old Indian Trail.
DISCUSSION:
Staff has reviewed the Special Use / Planned Development Revision petition and have determined that it meets the applicable codes and ordinances. The petitioner indicates that several of the units have 2 vehicles, and adding the parking lot will help reduce congestion on the neighboring streets. In addition, the improvements to Old Indian Trail will keep cars from parking or driving onto the parkway.
POLICIES AND GUIDELINES :
11.1(3) To encourage new development contiguous to existing development
14.1(4) To encourage quality site design throughout the City.
14.1(5) To provide for the visual enhancement of the City through attractive landscaping, quality signage and diverse building design and arrangement.
RECOMMENDATIONS:
The Planning Commission would recommend APPROVAL of the Special Use Revision for a parking lot expansion for the property located at 941-981 Old Indian Trail.
ATTACHMENTS:
Exhibit A Legal Description
Exhibit B Memorandum of Agreement
Property Research Sheet
Planning Council Report
Land Use Petition
Plat of Survey
cc:
Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting Revisions to the Special Use Permit for a Parking Lot expansion on the Property located at 941-951 and 971-981 Old Indian Trail
body
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, DPH AURORA PROPERTIES LLC is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, on August 25, 1970 a Special Use Permit for a Planned Development was approved; and subsequently on November 24, 1970 a Special Use Permit for a revised Planned Development with a different bedroom mixture was approved; and
WHEREAS, by petition dated March 10, 2016, Aurora Properties, LLC filed with the City of Aurora a petition Requesting a Revision to the Special Use Planned Development on for a parking lot expansion for the property located at 941-951 and 971-981 Old Indian Trail, 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 April 20, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 28, 2016, 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 Special Use 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: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 4.3 (8000) and Section 10.6 a Special Use permit is hereby granted for a Planned Development use for the real estate property legally described in Exhibit “A”.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Planned Development use 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 petitioner and their respective heirs, executors, administrators, successors, assigns and devisees for the duration of said special use.
Section Seven: That the petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit “B” within fourteen (14) days from the date of passage of this Ordinance and that said Special Use permit is granted.
Section Eight: That should any of the above-stated conditions not be met or that the property described in Exhibit “A” is not developed in accordance with the special use the City Council shall take the necessary steps to repeal this Ordinance.
Section Nine: That future proposals for expansion or intensification of whatever kind for the property legally described in said Exhibit “A”, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Ten: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of R-5(S) Multiple Family Dwelling and upon termination of the use of said property for a Planned Development use, this Special Use permit shall terminate and the classification of R-5(S) Multiple Family Dwelling shall be in full force and effect.
Section Eleven: That this Planned Development use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.