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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: September 5, 2014
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 311 Locust Street from R-3 One Family Dwelling to NC-Neighborhood Commercial (Trust #1213111 / Elsa Reinke - 14-00572 / AU21/2-14.174-Rz - ES - Ward 6) (PUBLIC HEARING)
PURPOSE:
The Petitioner, Trust #1213111 / Elsa Reinke, has submitted a rezoning petition to rezone property from R-3 One-Family Dwelling District to NC Neighborhood Commercial District located at 311 Locust Street to bring an existing nonconforming commercial building into conformance..
BACKGROUND:
The building at 311 N. Locust Street is utilized as a vacant commercial space on the first floor, and the second floor has an office space with a second entrance that was used for many years by Reinke Architects, and a one bedroom apartment. A review of City directories shows the following historic commercial uses: 1937-1954 Tevelin's Grocery; 1955-1958 Lamphere Electric; 1959-1975 Thrifty Wash Laundromat; 1978-recently Valley Uniform Shop..
DISCUSSION:
This building has been used for commercial use for at least 77 years. It is in a predominantly residential neighborhood that has either relied on heavy walk in traffic, or has had a specialized low intensity use (since 1978). There are approximately 6 shared parking spaces with the commonly owned property to the north. Staff feels this meets the purpose of the Neighborhood Commercial District by promoting economic development by allowing basic convenience retail and services that serve the needs of the immediate neighborhood, consistent with protection of residential uses. 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.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this project will increase the City's overall tax base and viability by facilitating investment and development.
RECOMMENDATIONS:
Planning Commission recommended by a 5-2 vote DENIAL of the rezoning request from R-3 One Family Dwelling to NC-Neighborhood Commercial. If City Council were to approve the rezoning, the following conditions were recommended: 1) A cross access easement is to be recorded with the 356 West Park Avenue property for the use of the parking area which is located over both properties.
2) A Grocery Store and other Food and Consumables Retail Uses shall not be allowed as permitted uses.
ATTACHMENTS:
Property Research Sheet
Finding of Facts
Planning Council Report
Land Use Petition
Qualifying Statement
Legal Description
Plat of Survey
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 ________________
title
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 311 Locust Street from R-3 One Family Dwelling to NC-Neighborhood Commercial.
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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, Trust #1213111 / Elsa Reinke is the owner of record of the real estate property legally described on Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth; and
WHEREAS, Trust #1213111 / Elsa Reinke filed a Rezoning petition with the City of Aurora on July 15, 2014, to amend Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to rezone the property legally described on said Exhibit "A" from R-3 One Family Dwelling to NC-Neighborhood Commercial; 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 August 20, 2014, with respect to said petition for Rezoning and made their requisite findings of fact as prescribed by Section 11.5-6 of said Ordinance Number 3100, and recommended Denial of said petition; and
WHEREAS, on September 11, 2014the Planning and Development Committee of the Aurora City Council reviewed said Rezoning and recommended Denial of said petition to the Aurora City Council.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, Section One: That said City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: 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", attached hereto and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit "A" and depicted in Exhibit "B", being the plan(s), from R-3 One Family Dwelling to NC-Neighborhood Commercial subject to the following condition(s):
1) A cross access easement is to be recorded with the 356 West Park Avenue property for the use of the parking area which is located over both properties.
2) A Grocery Store and other Food and Consumables Retail Uses shall not be allowed as permitted uses.
Section Three: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Four: That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Five: 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.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Legistar Number: 14-00572
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Information Sheet
EXHIBIT "A"
LEGAL DESCRIPTION
For the property located at 311 N. Locust Street, Kane County, IL
The southerly 48.49 feet of Lot 1 in Block 9 of Gale's Addition to West Aurora
Parcel Number(s): 15-21-231-002
Commonly Known as: 311 N. Locust Street located in Kane County.
EXHIBIT "B"
PLAN INFORMATION SHEET
Plan for the property located at 311 N. Locust Street, Aurora, IL
Case File Number: AU21/2-14.174-Rz
Tax Parcel Number: 15-21-231-002
Owner:
Trust #1213111
415 Fulton Street
Geneva, IL 60134
Plan Prepared By:
Harrington Land Surveying, LTD.
2381 leeward Lane
Hanover Park, IL 60133
Date Plat Received:
July 9, 2014
NOTE: A COPY OF THIS PLAT AS REFERENCED HEREON IS ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.