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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: May 18, 2017
SUBJECT:
An Ordinance Establishing a Special Use Planned Development, Approving the Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of B-2(S), Business District - General Retail for the property located at 834, 838, and 844 N Highland being west side of Highland Avenue between New Haven Avenue and Florida Avenue (Marie Wilkinson Food Pantry - 17-00338 / AU16/4-17.032-Fsd/Rz/Su/Pd - SB - Ward 6)
PURPOSE:
The Petitioner, Marie Wilkinson Food Pantry, is requesting approval of a Special Use Planned Development for the property located at 834, 838, and 844 N Highland Avenue, being the west side of Highland Avenue between New Haven Avenue and Florida Avenue.
BACKGROUND:
The Subject Property is currently made up of two separate subdivisions. The Marie Wilkinson Foundation, which contains the existing Marie Wilkinson food pantry, and is zoned B-3, Business and Wholesale District zoning. The Baker-Morton Addition contains three lots, a 720 square foot single-family dwelling with a detached garage, and two vacant lots, all of which are zoned R-3, One Family Dwelling District. The home will be demolished and the 549 square foot garage will remain for the Petitioner to use as necessary. The two vacant lots, being the northerly most eighty (80) feet of the Subject Property, was deeded to Marie Wilkinson Food Pantry in 2016 by the City. Additional information is available in the attached Property Research Sheet.
The Petitioner is requesting approval of the establishment of a Special Use Planned Development and to change the underlying zoning district to B-2(S) Business District - General Retail.
Parcel A, which contains Lot 1 of the existing Marie Wilkinson Foundation Subdivision, will continue its current operations as a food pantry. This parcel’s uses will be limited to those permitted in the B-2, Business District - General Retail zoning. The Plan Description also includes a setback reduction to meet the current conditions.
Parcel B, which contains Lots 1, 2, and 3 of the existing Baker-Morton Addition, will be developed as a parking lot use associated with the food pantry. The Plan Description includes a setback reduction for the parking lot so that it lines up with the existing parking.
As the purpose of the City's deeding property to the food pantry was not to intensify the overall commercial corridor, this parcel’s uses will be limited to a parking lot associated with the Parcel A food pantry. If the use of Parcel A changes the owner would have 90 days to request a Plan Description Revision to allow the parking lot to be permitted for the new use. If said request is not made within the timeframe or the request is denied, the parking lot shall be razed and remove by the property owner of Parcel A and shall revert to the R-3 One Family Dwelling District zoning and no longer regulated by the Special Use Planned Development.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat, which will consolidate all four of the subject property’s lots. The total acreage of the subject property is .89 acres.
DISCUSSION:
Staff has reviewed the Rezoning and Special Use 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.
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, specifically, the proposed changes to the subject property following the rezoning.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
14.1(1): To foster future growth in the City that does not contribute to deterioration
in either existing developments or a reduction in the City’s ability to
provide adequate services.
14.1(2): To promote the preservation and revitalization of older residential
neighborhoods and commercial areas within the City of Aurora.
14.1(4): To encourage quality site design throughout the City of Aurora.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the ordinance establishing a Special Use Planned Development, approving the Plan Description and amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the zoning map attached thereto, to an underlying zoning of B-2(S), Business District - General Retail for the property located at 834, 838, and 844 N Highland being west side of Highland Avenue between New Haven Avenue and Florida Avenue.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Final/Landscape Plan
Property Research Sheet
Land Use Petition
Legistar History Report
cc: Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Establishing a Special Use Planned Development, Approving the Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of B-2(S), Business District - General Retail for the property located at 834, 838, and 844 N Highland being west side of Highland Avenue between New Haven Avenue and Florida Avenue
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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, the Marie Wilkinson Food Pantry 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 April 12, 2017, Marie Wilkinson Food Pantry filed with the City of Aurora a petition requesting the establishment of a Special Use Planned Development, and to change the underlying zoning district from B-3 Business and Wholesale and R-3 One Family Dwelling District to B-2(S) Business District - General Retail on the property located at 834, 838, and 844 N Highland Avenue, being west side of Highland Avenue between New Haven Avenue and Florida Avenue Lot 1 and related required documents as attached hereto as Exhibits "A" through 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 May 17, 2017, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on May 25, 2017, 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 Rezoning and 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 10.6 and Section 4.3 (8000) a Special Use permit is hereby granted for a Planned Development (8000) 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 (8000) 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 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.
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 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”, from B-3 Business and Wholesale and R-3 One Family Dwelling District to B-2 General Retail District. Upon termination of the use of said property for a Planned Development (8000) this Special Use permit shall terminate and the classification of B-2 General Retail shall be in full force and effect.
Section Eleven: That this Planned Development (8000) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Twelve: 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 Plan Description, are here by granted and approved.