Aurora, Illinois

File #: 17-01212    Version: Name: The Flooring Guys of Illinois / 907 S. River Street / Rezoning
Type: Ordinance Status: Passed
File created: 12/27/2017 In control: City Council
On agenda: 2/27/2018 Final action: 2/27/2018
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
Attachments: 1. Exhibit "A" - Legal Description - 2018-01-31 - 2017.132.pdf, 2. Plat of Survey - 2017-12-26 - 2017.132.pdf, 3. Land Use Petition and Supporting Documents - 2017-12-26 - 2017.132.pdf, 4. Property Research Sheet - 2017-12-27 - 2017.132.pdf, 5. Legistar History Report - 2018-02-08 - 2017.132.pdf

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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 ________________

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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

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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, 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.