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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: June 7, 2018
SUBJECT:
An Ordinance Establishing a Special Use Planned Development at 431 S Gladstone Avenue, 1419 Prairie Street and 1433 Prairie Street to be incorporated under the existing Aurora University Plan Description approved by Ordinance No. O12-007 on February 28, 2012 and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of R-1 One Family Dwelling District (Aurora University - 17-00951 / AU20/3-17.203-SU/PD - TV - WARD 4)
PURPOSE:
The Petitioner Aurora University is requesting the establishment of a Special Use Planned Development on the property located at 431 S. Gladstone Avenue, 1419 Prairie St and 1433 Prairie Street with an underlying zoning district of R-1 One Family Dwelling, pursuant to the 2012 Aurora University Special Use Planned Development approved by Ordinance No. O12-007 on February 28, 2012.
BACKGROUND:
The Subject Property consists of one parcel located along Gladstone Avenue and two parcels located along Prairie Street which have been recently purchased by Aurora University. The property at 431 S. Gladstone Avenue is zoned R-2 One-Family Dwelling and properties at 1419 Prairie Street and 1433 Prairie Street are zoned R-1 One Family Dwelling District. The property at 431 S. Gladstone Avenue is included in the Expansion Area Number 1 and the properties at 1419 Prairie St and 1433 Prairie Street are included in the Expansion Area Number 2 of 2012 Aurora University Campus Master Plan. The University now owns all the properties within Expansion Area No. 1 and all but two houses within Expansion Area No. 2. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting to rezone the properties located at 431 S. Gladstone Avenue, 1419 Prairie St and 1433 Prairie Street from R-1 and R-2 to R-1(S) and incorporate them into the 2012 Aurora University Special Use Planned Development which was approved by Ordinance No. O12-007 on February 28, 2012.
The University is allowed to use the homes in Expansion Area Number 1 and 2 for educational services, offices, non-traditional classrooms, studios, graduate student housing, faculty housing or rental housing.
DISCUSSION:
This Petition was discussed at Planning Commission on April 18, 2018 and forwarded to Planning and Development Committee. However, the public notice was never published in the Beacon Newspaper, therefore, the public hearing needs to take place again.
Staff has reviewed the Special Use / Planned Development petition and has found that the petition meets all of the applicable codes and ordinances. The request is in conformance with the Comprehensive Plan’s designation of Quasi-Public. These properties are also included in the 2012 Aurora University Campus Master Plan as Expansion Area 1 and 2.
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.
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 Commission recommended APPROVAL of the Ordinance Establishing a Special Use Planned Development at 431 S Galdstone Avenue, 1419 Prarie Street and 1433 Prairie Street to be incorporated under the existing Aurora University Plan Description approved by Ordinance No. O12-007 on February 28, 2012 and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of R-1 One Family Dwelling District
ATTACHMENTS:
Exhibit “A” Legal Description
Exhibit “B” Plan Description
Land Use Petition with Supporting Documents
Property Research Sheet
Plat of Surveys
Legistar History Report
Legistar Number: 17-00951
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 at 431 S Gladstone Avenue, 1419 Prairie Street and 1433 Prairie Street to be incorporated under the existing Aurora University Plan Description approved by Ordinance No. O12-007 on February 28, 2012 and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of R-1 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, Aurora University 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 12, 2018, Aurora University filed with the City of Aurora a petition requesting the Establishment of a Special Use Planned Development on the property located at 1424 Southlawn Place, to be incorporated under the existing Aurora University Special Use Planned Development approved by Ordinance No. 012-007 on February 28, 2012 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 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 June 6, 2018, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on June 14, 2018, 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 the approval of the Plan Description for the property legally described in Exhibit “A” will promote the sound planning and development of the City, and therefore serve the best interests of the 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 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 District and R-2 One-Family Dwelling District to R-1(S) One Family Dwelling District with a Special Use District. Upon termination of the use of said property for a Planned Development (8000) this Special Use permit shall terminate and the classification of R-1One 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.