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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: December 6, 2024
SUBJECT:
An Ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to rezone the vacant property located at 801 Claim St from M-2 Manufacturing District - General to R-3 One Family Dwelling District (City of Aurora - 24-0904 / AU23/3-22.319-RZ - TV - Ward 2)
PURPOSE:
The City of Aurora is requesting to rezone the property at 801 Claim Street from M-2 Manufacturing District - General to R-3 One Family Dwelling District.
BACKGROUND:
The Subject Property is currently owned by the City of Aurora and is vacant land with M-2 Manufacturing District - General zoning. This lot is located northeast of the East Aurora Flea Market and is adjacent to their parking lots.
The City is currently working on taking an inventory of all the city owned properties and determining a course of action. For this parcel, the City is requesting to rezone the vacant property from M-2 Manufacturing District - General to R-3 One Family Dwelling District. Concurrently with this proposal, the City is requesting to subdivide the parcel into four buildable residential lots in order to sell them for future single family residential homes.
DISCUSSION:
Staff has reviewed the Findings of Fact and has found the following:
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 all applicable official physical development policies and other related official plans and policies of the City of Aurora as this rezoning will allow for the development of four single family residence which is complementary to the surrounding residential neighborhood.
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?
Yes, the R-3 zoning classification represent the logical establishment and is consistent with the surrounding zoning classifications. In addition, the construction of four single family homes is keeping with the character of the general area.
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 official plans and policies of the City of Aurora?
Yes, the proposal is consistent with a desirable trend of development in the general area as this is generally a residential area and will match the surrounding zoning of R-3 One-Family Dwelling District.
4. Will the rezoning allow uses which are more suitable than uses permitted under the existing zoning classification?
Yes, the rezoning will allow uses which are more suitable than uses permitted under the existing M-2 Manufacturing - General zoning classification. In order to protect the residential uses in the surrounding area, the manufacturing zoning is being eliminated.
5. Is the rezoning a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area?
Yes, the rezoning a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area as the surrounding properties are single family residential.
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:
11.0 To guide the growth of the City in an orderly and structured manner.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1(3) To encourage new development contiguous to existing development.
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 and Zoning Commission recommended APPROVAL of the Ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map attached thereto to rezone the vacant property located at 801 Claim St from M-2 Manufacturing District - General to R-3 One Family Dwelling District.
ATTACHMENTS:
Exhibit "A" Legal Description
Rezoning Findings of Fact Sheet
Maps
cc:
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 Ordinances, City of Aurora, by modifying the zoning map attached thereto to rezone the vacant property located at 801 Claim St from M-2 Manufacturing District - General to R-3 One 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, City Of Aurora, 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, the City of Aurora is requesting to rezone the property at 801 Claim Street from M-2 Manufacturing District - General to R-3 One Family Dwelling District; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on Wednesday, December 4, 2024, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on December 11, 2024, the Building, Zoning and Economic 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 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 M-2 Manufacturing District - General to R-3 One Family Dwelling District.