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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: November 5, 2020
SUBJECT:
An Ordinance Establishing a Special Use Planned Development at 311 S. Evanslawn Avenue to be incorporated under the existing 2018 Aurora University Plan Description (Aurora University - 20-0605 / AU20/3-20.124-SUPD - TV - Ward 5
PURPOSE:
The Petitioner, Aurora University, is requesting the Establishment of a Special Use Planned Development on the property located at 311 S. Evanslawn Avenue, to be incorporated under the existing Aurora University Special Use Planned Development.
BACKGROUND:
The Subject Property is currently a single family dwelling with R-1 One Family Dwelling District zoning, which was recently purchased by Aurora University. The property is included in the Expanded Campus of the 2018 Aurora University Master Plan.
The Petitioner is requesting to incorporate the property located at 311 S. Evanslawn Avenue into the existing Aurora University Special Use Planned Development. This will be the third property within the Expanded Campus to be added into Aurora University Special Use Planned Development.
The University is allowed to use these homes in Expanded Campus for offices, graduate or faculty housing, rental housing for employees, non-traditional classrooms or studios, and/or single family residences excluding fraternity or sorority houses.
DISCUSSION:
Staff has reviewed the Special Use Planned Development petition and have determined that it meets the applicable codes and ordinances and is consistent with the approved 2018 Aurora University Master Plan.
As of the date of this memo, staff has received public inquiries requesting additional information on this petition. One resident raised a concern regarding the expansion of the University to the west.
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.
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 Establishing a Special Use Planned Development at 311 S. Evanslawn Avenue to be incorporated under the existing 2018 Aurora University Plan Description
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit “B” Plan Description Reference
Aerial
Land Use Petition with Supporting Documents
Plat of Survey
Legistar Number: 20-0605
cc:
Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco
Alderman Robert J. O’Connor
Alderman Juany Garza
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Special Use Planned Development at 311 S. Evanslawn Avenue to be incorporated under the existing 2018 Aurora University Plan Description
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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, Aurora University is the owner of record of the real estate legally described on Exhibit “A-1”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A-1”; and
WHEREAS, by petition dated October 1, 2020, Aurora University filed with the City of Aurora a petition Requesting the Establishment of a Special Use Planned Development on the property located at 311 S. Evanslawn Avenue, to be incorporated under the existing Aurora University Special Use Planned Development in the form of Exhibit “B” attached hereto, and have been duly submitted to the Corporate Authorities of the City of Aurora for review for the property described in Exhibit “A”; and
WHEREAS, after due notice and publication of said notice, the Aurora Planning and Zoning Commission conducted a public hearing on November 4, 2020, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on November 13, 2020, 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 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 the property legally described in Exhibit “A” shall remain in the underlying zoning classification of R-1 One Family Dwelling District with a Special Use and upon termination of the use of said property for a Planned Development (8000) this Special Use permit shall terminate and the classification of R-1 One Family Dwelling District 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.