Aurora, Illinois

File #: 18-1078    Version: Name: Oscar Morales / 260 S. LaSalle Street / Downzoning
Type: Ordinance Status: Passed
File created: 11/30/2018 In control: City Council
On agenda: 1/22/2019 Final action: 1/22/2019
Title: An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning the Property located at 260 South LaSalle Street from R-4, Two-Family Dwelling District to R-3, One Family-Dwelling District
Attachments: 1. Exhibit "A" Legal Description - 2018-11-27 - 2018.008.pdf, 2. Site Plan - 2018-11-30 - 2018.008.pdf, 3. Floor Plan - 2018-11-30 - 2018.008.pdf, 4. Elevations - 2018-11-30 - 2018.008.pdf, 5. Land Use Petition and Supporting Documents - 2018-11-30 - 2018.008.pdf, 6. Property Research Sheet - 2018-01-22 - 2018.008.pdf, 7. Legistar History Report - 2019-01-03 - 2018.008.pdf

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TO:                     Mayor Richard C. Irvin

 

FROM:                     Planning Commission

 

DATE:                     January 3, 2019

 

SUBJECT:

An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map Attached thereto, by Rezoning the Property located at 260 South LaSalle Street from R-4, Two Family Dwelling District to R-3, One Family Dwelling District  (Illinois Velocity Restoration, LLC - 18-1078 / AU27/1-18.008-DZ - SB - Ward 2)  

 

PURPOSE:

The Petitioner, Illinois Velocity Restoration, LLC, is requesting to downzone the property at 260 S. LaSalle St. from R-4, Two-Family Dwelling District to R-3, One-Family Dwelling District which is compatible with the use of the property and is compatible with the surrounding zoning.  

 

BACKGROUND:

The subject property is located at 260 South LaSalle Street. The house’s footprint is 1,228 square feet and is two-stories.  The lot area is 5,663 square feet and its width is thirty-three (33) feet.  The property is therefore a legal nonconforming lot.  Prior to this downzoning process, the structure was used as a two-unit dwelling, but is currently being remodeled by the Petitioner as a one-unit dwelling as a result of a fire in the summer of 2017 that resulted in significant damage.  The structure’s exterior is also being replaced to match its dimensions and height as existed prior to the fire damage. 

 

DISCUSSION:

Staff has reviewed the Downzoning 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.

 

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:

 

11.0:                                          To guide the growth of the City in an orderly and structured manner.

12.1 (5):                     To encourage a graduation from high density residential areas to low density

                                          residential areas.

22.1 (1):                     To achieve appropriate zoning protection for residential areas designated in the

                                          land use plan.  

 

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 260 South LaSalle Street from R-4, Two-Family Dwelling District to R-3, One-Family Dwelling District. 

 

ATTACHMENTS:

Exhibit "A" Legal Description

Site Plan

Floor Plan

Elevations

Land Use Petition with Supporting Documents

Property Research Sheet

Legistar History Report

 

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 260 South LaSalle Street from R-4, Two-Family Dwelling District to R-3, One Family-Dwelling 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, Morales, Oscar & Perez, Noemi 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 November 30, 2018, Illinois Velocity Restoration, LLC filed with the City of Aurora a petition requesting to rezone said property located at 260 S. LaSalle Street from R-4 Two Family Dwelling District to R-3 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 January 2, 2019, reviewed the petition and recommended APPROVAL of said petition; and

 

WHEREAS, on January 10, 2019, 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 / Downzoning 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-3 One Family Dwelling District.