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TO: Mayor Robert J. O'Connor
FROM: Planning Commission
DATE: February 9, 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-3 Business and Wholesale for the property located at 932 S. Lake Street (A + AJ Landscaping - 16-01224 / AU28/3-15.270-Rz/Su/PD/Fpn - SB - Ward 4)
PURPOSE:
The Petitioner, A + AJ Landscaping is requesting approval of a Special Use Planned Development for the property located at 932 S. Lake Street, fronting on both S. Lake Street and E. Lake Street, south of Arnold Avenue.
BACKGROUND:
The Subject Property is made up of two parcels: (1) existing business with B-3 Business and Wholesale District zoning; and (2) vacant land with R-1 One Family-Dwelling District. Additional information is on the legislative history of the property can be found in the attached Property Research Sheet.
The petitioner is requesting approval of the establishment of Special Use Planned Development, and to change the underlying zoning district on a portion of the property from R-1 One Family Dwelling District to B-3 Business and Wholesale District. The business recently expanded onto the R-1 parcel and was sited with a violation of the zoning ordinance. The owner is seeking a Special Use on the property to bring it into conformance with the zoning ordinance. The details of the Plan Description include modifications to the standard B-3 zoning regulations including the addition of a landscaping business as a permitted use on both parcels with some site restrictions, the reduction of setbacks and the standard prohibited uses.
Concurrently with this proposal, the petitioner is requesting approval of a Final Plan for a Landscaping with Outside Storage (2910) Use. The proposed details of the request include the use of the existing 1,050 square foot single family structure as an office for the business, and an approximately 38,600 square foot fenced in storage area for open space, outside storage and display. The petitioner is also proposing the construction of a monument sign on the S. Lake Street frontage.
DISCUSSION:
Staff has reviewed the Special Use / Planned Development 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 report, staff has received one public inquiry requesting additional information on this petition and raising a concern regarding the odor associated with the storage of mulch on the property.
To address the concern regarding the storage of mulch on the property, a provision has been added to the Plan Description which excludes the storage of mulch, compost material, or manure.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1(5) To guide and promote development to areas where public utilities, public roads,
and municipal services are either available or planned.
31.1 (3): To promote the development of commercial facilities in existing or planned
commercial areas.
51.1 (3): To actively promote and pursue the retention of businesses and industries
presently located within 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-3 Business and Wholesale for the property located at 932 S. Lake Street.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Property Research Sheet
Land Use Petition
Legistar History Report
Finding of Facts
cc: Planning and Development Committee:
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 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-3 Business and Wholesale for the property located at 932 S. Lake 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, Jose Garcia 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 December 27, 2016, A + AJ Landscaping filed with the City of Aurora a petition Requesting the Establishment of a Special Use Planned Development, and to change the underlying zoning district on a portion of the property from R-1 One Family Dwelling to B-3 Business and Wholesale District for the property located at 932 S. Lake Street; 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 February 8, 2017, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on February 16th, 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 Special Use / Planned Development 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 R-1 One Family Dwelling / B-3 Business and Wholesale District to B-3(S) Business and Wholesale 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-3 Business and Wholesale 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.