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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: October 8, 2015
SUBJECT:
An Ordinance Establishing a Special Use Planned Development and Approving a Spartan House Plan Description for 0.18 Acres located at 1032 Prairie Street (Michael Poulakidas - 15-00897 / AU29/2-15.115-Rz/Su/Fpn - TV - Ward 4)
PURPOSE:
The Petitioner, Michael Poulakidas is requesting the Establishment of a Special Use Planned Development on Lots 1, 2 and 3 of Hercules Park Addition Subdivision, generally known as 1032 Prairie Street.
BACKGROUND:
The Subject Property is located at 1032 Prairie Street and is made up of three lots which have in recent history been one property, formerly the Colonial Drug Store. The property is currently non-conforming since it does not meet the setback set forth in the zoning district.
The Plan Description that is being proposed is to codify the setbacks that currently exist and bring the property into zoning conformance. The proposed setbacks along Prairie Street and Hartford Avenue will be 15 feet with an exception that parking and patio fencing may encroach within the front yard setback up to 8.6 feet and that the parking may encroach in the exterior side yard setback up to 15 feet. In addition, the setback along the rear property line will be reduced to 1 feet, which currently exist.
DISCUSSION:
The Special Use Planned Development will bring the property into zoning conformance.
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:
22.1(5) To recognize the unique characteristics of individual neighborhoods and promote their positive attributes.
30.0 To promote and plan for the location of commercial centers, based on their functions and interrelationships, in order to provide a balanced distribution of commercial development and redevelopment.
31.1(3) To promote the development of commercial facilities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Ordinance Establishing a Special Use Planned Development and Approving the Spartan House Plan Description for 0.18 Acres located at 1032 Prairie Street.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Findings of Fact
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 15-00897
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Special Use Planned Development and Approving the Spartan House Plan Description for 0.18 Acres located at 1032 Prairie Street
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, JTE Family Properties LLC is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated August 20, 2015, Michael Poulakidas filed with the City of Aurora a petition requesting the Establishment of a Special Use Planned Development on Lots 1, 2 and 3 of Hercules Park Addition Subdivision, generally known as 1032 Prairie Street; 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 October 7, 2015, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on October 15, 2015, the Planning and Development Committee of the Aurora City Council reviewed said Special Use 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 that the proposed Special Use 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 all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Three: 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 Four: That Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, Section 4.3.(8000) and Section 10.6, a Special Use permit is hereby granted for a Planned Development with underlying zoning of B-1 Business District Local Retail and permitted for the real estate legally described in Exhibit “A”.
Section Five: 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 Six: That this Special Use approved 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 applicant and his respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Seven: 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.
Section Eight: That this Ordinance shall take effect and be in full force and effect upon and after its passage, approval and publication in pamphlet from as required by law