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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: February 8, 2018
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning the Property Located at 907 South River Street from R-3, One Family Dwelling District to NC, Neighborhood Commercial District (The Flooring Guys of Illinois - 17-01212 / AU28/3-17.132-Rz - SB - Ward 4)
PURPOSE:
The Petitioner, the Flooring Guys of Illinois, is requesting to rezone the property at 907 South River Street from R-3, One Family Dwelling District to NC, Neighborhood Commercial for a Retail Sales or Service (2100) use, which includes purchasing the property for a retail flooring store.
BACKGROUND:
The Subject Property is currently Commercial with R-3 One Family Dwelling District zoning. The existing structure is two-stories, and is approximately twelve thousand square (12,000) feet. There are eleven (11) parking spaces on the west side of the property along Mason Avenue. Because the structure has been vacant for a number of years it has lost its status as a legal nonconforming use.
By rezoning this property to Neighborhood Commercial, the structure and the use of the property will come into conformance with the Aurora Zoning Ordinance. The currently vacant structure will provide means for the Petitioner to relocate a successful, local commercial business to Aurora, while also providing adequate space for display, storage, and shipping of necessary materials in ways that allow the business's activities to always be compatible with the surrounding residential neighborhood.
In addition, the Aurora Zoning Ordinance's standards for the Neighborhood Commercial zoning district maintains clear use regulations that ensure the structure and its use will remain compatible with the surrounding residential neighborhood.
DISCUSSION:
Staff has reviewed the Rezoning 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:
14.1 (2): To promote the preservation and revitalization of older residential neighborhoods
and commercial areas within the City of Aurora.
22.1 (1): To achieve appropriate zoning protection for residential areas designated in the
land use plan.
22.1 (2): To protect designated areas of existing conventional single-family development
from inappropriate, highly intensive land uses.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning the Property Located at 907 South River Street from R-3, One Family Dwelling District to NC, Neighborhood Commercial District.
ATTACHMENTS:
Exhibit "A" Legal Description
Plat of Survey
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 14-01212
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 ________________
title
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning the Property Located at 907 South River Street from R-3, One Family Dwelling District to NC, Neighborhood Commercial District
body
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, Leonardi Sr, Louis V-dclrn Tr 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 26, 2017, The Flooring Guys of Illinois filed with the City of Aurora a petition requesting to rezone said property located at 907 S. River Street from R-3 One Family Dwelling District to NC Neighborhood Commercial District; 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 7, 2018, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on February 15, 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 that the proposed Rezoning 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: 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-3 One Family Dwelling District to NC Neighborhood Commercial District.