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TO: Mayor Robert J. O’Connor
FROM: Planning Commission
DATE: April 20, 2017
SUBJECT:
An Ordinance Approving a Revision to the River Street Plaza Plan Description on 0.21 Acres for Property located at 100 S. River Street being at south east corner of River Street and Benton Street (Project Canvas and Whitt Law, LLC - 17-00245 / AU22/3-17.020-PD/R - TV - Ward 4)
PURPOSE:
The Petitioner, Project Canvas and Whitt Law, LLC is requesting a Plan Description Revision to the Special Use Planned Development to add additional permitted uses on the property located at 100 S. River Street being the southeast corner of River Street and Benton Street.
BACKGROUND:
The Subject Property, which is the former Pocus automotive building, located at 100 S. River Street is currently being utilized as an office with DF(S) Downtown Fringe zoning, which is part of the River Street Plaza Special Use Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner, Project Canvas has a contact to purchase the building and is looking to provide the community with a creative social space known as "Society 57".
The Petitioner is requesting approval of a Plan Description Revision to the Special Use Planned Development to allow for the addition of following uses for 100 S. River Street as permitted uses: 1) Retail sales or service (2100); 2) Caterer (2560), including but not limited to a full size commercial kitchen, banquet facility, cooking demos and tasting, classes, seminars, training, workshops and events; 3) Performing arts or supporting establishment (5100), including but not limited to concerts and plays; 4) Art galleries and studios (5120);
5) Special Purpose Recreational institutions (5200), limited to fitness classes and dance recitals. The Plan Description Revision would also allow for additional accessory uses for 100 S. River Street as permitted uses: 1) Religious Institutions (6400); and 2) Sidewalk activities, pursuant to Section 8.7-4.3-A of the Aurora Zoning Ordinance.
DISCUSSION:
Staff has reviewed the Plan Description Revision 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 feels that the proposed Plan Description Revision will not have a negative impact as the additional uses are in keeping with the uses in the surrounding area and it anticipated that this project will increase the viability of the building.
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:
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.
11.0 To guide the growth of the City in an orderly and structured manner.
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 recommended APPROVAL of the Ordinance Approving a Revision to the River Street Plaza Plan Description on 0.21 Acres for Property located at 100 S. River Street being at south east corner of River Street and Benton Street.
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit "B" Plan Description
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 17-00245
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 Approving a Revision to the River Street Plaza Plan Description on 0.21 Acres for Property located at 100 S. River Street being at south east corner of River Street and Benton Street
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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, Fitzpatrick Properties LLC 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 March 15, 2017, Project Canvas and Whitt Law, LLC filed with the City of Aurora a petition requesting a Plan Description Revision to the Special Use Planned Development on the property located at 100 S. River Street being the southeast corner of River Street and Benton Street in the form of Exhibit “B”, attached hereto, which was duly submitted to the Corporate Authorities of the City of Aurora for review for the property as a whole described in Exhibit “A”; and
WHEREAS, the Plan Description established for the subject property with Ordinance O2006-019 approved March 28, 2006 shall remain in full force and effect with the exception of the modifications included herein as Exhibit “B”; 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 19, 2017, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 27, 2017, the Planning and Development Committee of the Aurora City Council reviewed said petition and the Planning Commission recommendations, and has 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 approval of the revised Plan Description for the property legally described in Exhibit “A” will promote the sound planning and development of the City, and therefore serve the best interests of the City of Aurora.
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 the revised Plan Description in the form of Exhibit “B” attached hereto and included by reference as if fully set forth herein, incorporated in and made a part of this Ordinance, is hereby approved.
Section Six: 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 revised Plan Description, are here by granted and approved.