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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: April 21, 2023
SUBJECT:
An Ordinance Establishing a Conditional Use Planned Development, Approving the W.E. Mundy Landscaping Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, Illinois by modifying the zoning map attached thereto to an underlying zoning of B-3 Business and Wholesale District for the property located at 1299 Mitchell Road (W.E. Mundy Landscaping and Garden Center, Inc. - 23-0249 / AU10/4-23.139-A/CUPD/RZ - TV - Ward 1)
PURPOSE:
The Petitioner, W.E. Mundy Landscaping and Garden Center, Inc., is requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district from R-1 One-Family Dwelling District zoning to B-3 Business and Wholesale District on the property located at 1299 Mitchell Road.
BACKGROUND:
The Subject Property is 3.54 acres and currently zoned F-2 Farming District in unincorporated Kane County. The City's Comprehensive Plan designates this parcel as mixture of Commercial and Low Density Residential. The majority of the area is non-residential uses. This property is contiguous to the City of Aurora along a portion of the property to the west and to the east.
The Petitioner is requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district from R-1 One-Family Dwelling District zoning to B-3 Business and Wholesale District. The plan description allows for the continued use of the property as a landscape company with outside storage including a nursery use.
Concurrently with this proposal, the Petitioner is requesting annexation to the City of Aurora pursuant to a Water Service Agreement. The property was recently developed in the Kane County for a landscape company with outside storage including a nursery use and is receiving water from the City. Per the annexation process, the property is annexed into the City with R-1 One Family Dwelling District Zoning.
The Petitioner is also requesting the approval of a Plat of Dedication. This Plat will dedicate 40 feet of right of way from the centerline of Mitchell Road
DISCUSSION:
Staff has reviewed the Conditional Use Ordinance - 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 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:
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.
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
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of the Ordinance Establishing a Conditional Use Planned Development, Approving the W.E. Mundy Landscaping Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, Illinois by modifying the zoning map attached thereto to an underlying zoning of B-3 Business and Wholesale District for the property located at 1299 Mitchell Road.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Land Use Petition with Supporting Documents
Maps
Legistar Number: 23-0249
cc:
Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Conditional Use Planned Development, Approving the W.E. Mundy Landscaping Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, Illinois by modifying the zoning map attached thereto to an underlying zoning of B-3 Business and Wholesale District for the property located at 1299 Mitchell Road
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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, W.E. Mundy Landscaping and Garden Center, Inc., 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 March 20, 2023, W.E. Mundy Landscaping and Garden Center, Inc. filed with the City of Aurora a petition Requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district from R-1 One-Family Dwelling District zoning to B-3 Business and Wholesale District on the property located at 1299 Mitchell Road 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 Planning and Zoning Commission conducted a public hearing on April 19, 2023, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 26, 2023, 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 Conditional Use 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: In accordance with Section 104.3 of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, and Article V of Chapter 34 of the Code of Ordinances, City of Aurora a Conditional Use permit is hereby granted for a Planned Development for the real estate property legally described in Exhibit “A”.
Section Six: That this Conditional Use permit hereby granted is solely for the purpose of a Planned Development 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 conditional 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 conditional 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 Article V of Chapter 34 of the Code of Ordinances, City of Aurora.
Section Ten: 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 B-3(C) Business and Wholesale District with a Conditional Use District. Upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of B-3 Business and Wholesale District shall be in full force and effect.
Section Eleven: That this Planned Development 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 Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance, as set forth in the Plan Description, are here by granted and approved.