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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: April 21, 2016
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by rezoning Property located at 917 E. Benton Street from R-4 Two Family Dwelling to R-2 One Family Dwelling (Barbara Rivera - 16-00290 / AU26/1-16.020-Rz - TV - Ward 7)
PURPOSE:
The Petitioner, Barbara Rivera, is requesting to rezone the property at 917 E. Benton Street from R-4 Two Family Dwelling District to R-2 One-Family Dwelling District.
BACKGROUND:
The Subject Property is located at 917 E. Benton Street and is currently utilized as a single family home with R-4 Two Family Dwelling zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The proposal is to rezone the property from R-4 Two Family Dwelling District to R-2 One-Family Dwelling District so that the zoning corresponds with the use of the house.
DISCUSSION:
Staff has reviewed the Rezoning / Downzoning petition and have determined that it meets the applicable codes and ordinances. The proposed downzoning is consistent with the City’s long standing density reduction policy. In addition, the R-2 zoning is consistent with the use of the Subject Property and with the zoning of the surrounding neighborhood.
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(1) To achieve appropriate zoning protection for residential areas designated in the land use plan.
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by rezoning Property located at 917 E. Benton Street from R-4 Two Family Dwelling to R-2 One Family Dwelling.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 16-00290
cc: 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 917 E. Benton Street from R-4 Two Family Dwelling to R-2 One Family Dwelling
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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, Noel & Barbara Rivera are the owners of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated March 23, 2016, Barbara Rivera filed with the City of Aurora a petition requesting to rezone the property at 917 E. Benton Street from R-4 Two Family Dwelling District to R-2 One-Family Dwelling 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 April 20, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on April 28, 2016, 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-4 Two Family Dwelling District to R-2 One Family Dwelling District.