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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: June 19, 2020
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 2795 Church Road from R-1, One Family Dwelling District to O, Office District (Ryan VanderVeen - 20-0241 / AU02/2-19.252-A/Fpn - SB - Ward 1)
PURPOSE:
The Petitioner, Ryan VanderVeen, is requesting to rezone the property at 2795 Church Road from R-1, One Family Dwelling District, to O, Office District, to allow for the use of the property as a Business and Professional, Office (2400) use.
BACKGROUND:
The Subject Property is currently located in Unincorporated Kane County. It is approximately .91 acres with an existing single-family home that is approximately seven hundred, fifty (750) square feet. Additional information on the legislative history of the property can be found in the attached Property Research Sheet.
The Petitioner is requesting to rezone the property at 2795 Church Road from R-1, One Family Dwelling District, as is standard per the Annexation process, to O, Office District. The existing structure will continue to be utilized, and a new parking lot will be built that will allow for the property to be more adequately utilized for an office use.
Concurrently with this proposal, the Petitioner is requesting the annexation of .91 acres for the subject property located at 2795 Church Road. The subject property is contiguous to Aurora’s boundaries on the northern and eastern property line.
DISCUSSION:
Staff has reviewed the Rezoning petition and have sent comments back to the Petitioner based 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:
31.1 (6) To promote through comprehensive rezoning the availability and adequate
distribution of a sufficient variety of convenience-type retail good and service
areas to serve the daily needs of all city residents.
41.1 (1) To attract and encourage industrial, office and office-research development to
planned sites where requisite public facilities are either present or proposed.
41.1 (2) To promote a balanced distribution of industries within the City.
RECOMMENDATIONS:
Staff would recommend 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 2795 Church Road from R-1, One Family Dwelling District to O, Office District.
ATTACHMENTS:
Exhibit "A" Legal Description
Site Plan
Land Use Petition and Other Supporting Documents
Property Research Sheet
Finding of Facts
cc: Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Vice Chairman
Alderman Carl Franco, Member
Alderman Robert J. O'Connor, Member
Alderman Juany Garza, Member
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 2795 Church Road from R-1, One Family Dwelling District to O, Office 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, Roth, Clarence C Living Tr, Trustee, 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 April 3, 2020, Ryan VanderVeen filed with the City of Aurora a petition requesting to rezone said property located at 2795 Church Road from Unincoporated, Kane County zoning to O Office 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 June 17, 2020, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on June 24, 2020, the Building, Zoning and Economic 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-1, One Family Dwelling District zoning to O Office District.