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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: March 23, 2023
SUBJECT:
An Ordinance Amending Chapter 49 of the Code of Ordinance, City of Aurora, by Modifying the Zoning Map Attached thereto to Rezone Property located near the Northeast Corner of North Farnsworth Avenue and Mountain Street from R-1, One Family Dwelling District, to M-1, Manufacturing District - Limited. (Ruben Hernandez - 23-0171 / AU13/3-23.119-RZ - SB - Ward 1)
PURPOSE:
The Petitioner, Ruben Hernandez, is requesting to rezone approximately six (6) acres of vacant land near the northeast corner of N. Farnsworth Ave. and Mountain St. from R-1, One Family Dwelling District to M-1, Manufacturing District - Limited, to allow for fully screened outdoor storage.
BACKGROUND:
The Subject Property is made up of two (2) parcels of approximately six (6) acres of vacant land that is located near the northeast corner of N. Farnsworth Ave. and Mountain St. The Subject Property consists of the parcels with the PINs 15-13-301-012 and 15-13-301-028. The Subject Property is presently zoned R-1, One Family Dwelling District. The Subject Property fronts on N. Farnsworth Ave. The Comprehensive Plan designates the interior rear portion of the property as Industrial, while the portion that fronts on N. Farnsworth Ave. is designated as Conservation, Open Space, Recreation, and Drainage. A significant portion of the Subject Property that fronts on N. Farnsworth Ave is not developable as it designated for floodplain. There is also a creek that runs through the northwestern portion of the Subject Property.
The Petitioner, Ruben Hernandez, is requesting to rezone approximately six (6) acres of vacant land near the northeast corner of N. Farnsworth Ave. and Mountain St. to the M-1 zoning district. Rezoning to the M-1 zoning district will allow for the property to be utilized for outdoor storage by the property directly to the east. The outdoor storage will be completely screened per the Zoning Ordinance’s standards with a six (6) foot tall, solid fence. The storage will also be separated from the adjacent residentially zoned properties with a twenty-five (25) foot landscape buffer. There will be no access to the Subject Property from N. Farnsworth Ave. Access will only be available from the adjacent industrial property to the east, which is located on Mountain St. The storage lot will be paved with gravel, which is a permitted parking surface material for storage.
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, with the exception of the items reflected in the conditions listed in the Staff Recommendation below.
Public input: Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has received two (2) public inquiries regarding the nature of this petition.
Findings of Fact:
1) Is the proposal in accordance with all applicable official physical development policies and other related official plans and policies of the City of Aurora?
The proposal is in accordance with the applicable development plans and policies of the City of Aurora. The Petitioner has submitted plans for Zoning and Engineering review to ensure that the Subject Property is developed to code.
2) Does the proposal represent the logical establishment and/or consistent extension of the requested classification in consideration of the existing land uses, existing zoning classifications, and essential character of the general area of the property in question?
Staff believes that rezoning the property from R-1 to M-1 will allow for the Subject Property to be utilized for outdoor storage, which is consistent with the M-1 zoning, as well as the Comprehensive Plan's designation of the property as Industrial and Conservation, Open Space, Recreation, and Drainage. The Petitioner has also gone to great length to provide adequate screening for the adjacent residential properties in the form of fencing and landscaping.
3) Is the proposal consistent with a desirable trend of development in the general area of the property in question, occurring since the property in question was placed in its present zoning classification, desirability being defined as the trend's consistency with applicable official physical development policies and other related plans and policies of the City of Aurora?
Staff believes that the proposal is consistent with the desirable trend of development in the area as it adequately buffers the adjacent residential properties from the Subject Proeprty's expanded outdoor storage, which will be utilized by the existing, adjacent company to the east.
4) Will the rezoning allow uses which are more suitable than uses permitted under the existing zoning classification?
Staff believes that rezoning the property to the M-1 zoning district will allow for it to be developed more suitably by the adjacent business for outdoor storage than in the current R-1 zoning district. The floodplain and the creek also limit development of the property as a single-family residential use.
5) Is the rezoning a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area?
Staff believes that rezoning the Subject Property is a consistent extension of the existing land uses, zoning classifications, and essential character of the general area as the outdoor storage is permitted in the M-1 zoning district, in addition to also being fully screened from the adjacent residential properties.
POLICIES AND GUIDELINES:
14.1 (4): To encourage quality site design throughout the City of Aurora.
22.1 (2): To protect designated areas of existing conventional single-family development
from inappropriate highly intensive land uses.
41.1 (7): To encourage improvements in existing industrial areas that minimize industrial
blight and reduce incompatibilities with neighboring land uses.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended CONDITIONAL APPROVAL of the ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to rezone property located near the northeast corner of North Farnsworth Avenue and Mountain Street from R-1, One Family Dwelling District, to M-1, Manufacturing District - Limited, with the following conditions:
1) No site improvements or use of the properties can begin until the Final Engineering Plan has been approved by the Engineering Department.
2) Stormwater management (detention and Best Management Practice mitigation) must be in place and construction found to be acceptable prior to use of the Subject Property.
3) Engineering fee and security for all site improvements will be required and must be submitted to the Engineering Department for engineering site plan approval.
4) A Plat of Easement over the stormwater management facilities will be required and shall be recorded prior to final acceptance and release of the engineering security.
5) No access onto North Farnsworth Avenue will be permitted for the Subject Property.
ATTACHMENTS:
Exhibit "A" - Legal Description
Site Plan
Landscape Plan
Qualifying Statement
Land Use Petition and Supporting Documents
Property Parcel Maps
Finding of Facts
Legistar History Report
Legistar Number: 23-0171
cc: Building, Zoning and Economic Development Committee:
Alderwoman Patricia Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman William “Bill” Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Chapter 49 of the Code of Ordinance, City of Aurora, by Modifying the Zoning Map Attached thereto to Rezone Property located near the Northeast Corner of North Farnsworth Avenue and Mountain Street from R-1, One Family Dwelling District, to M-1, Manufacturing District - Limited.
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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, HERNANDEZ, RUBEN & MARIA YESENIA, 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 February 22, 2023, Ruben Hernandez filed with the City of Aurora a petition Requesting to rezone approximately six acres of vacant land near the northeast corner of North Farnsworth Avenue and Mountain Street from R-1, One Family Dwelling District to M-1, Manufacturing District - Limited; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on March 22, 2023, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on March 29, 2023, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning and Zoning Commission, finds that the proposed Rezoning is not contrary to the purpose and intent of Chapter 49 of the Code of Ordinances, 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 Chapter 49 of the Code of Ordinances, City of Aurora, being the 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 R-1, One Family Dwelling District to M-1, Manufacturing District - Limited, with the following conditions:
1) No site improvements or use of the properties can begin until the Final Engineering Plan has been approved by the Engineering Department.
2) Stormwater management (detention and Best Management Practice mitigation) must be in place and construction found to be acceptable prior to use of the Subject Property.
3) Engineering fee and security for all site improvements will be required and must be submitted to the Engineering Department for engineering site plan approval.
4) A Plat of Easement over the stormwater management facilities, along with the establishment of the Special Service Area (SSA) for long-term maintenance, is required and shall be recorded prior to final acceptance and release of the engineering security.
5) No access onto North Farnsworth Avenue will be permitted for the Subject Property
6) That the driveway connecting the Subject Property to Sheffer Road be paved with concrete and/or asphalt.