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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: July 23, 2015
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 536 North Avenue from B-2 General Retail to R-3 One Family Dwelling in Kane County, Aurora, Illinois, 60505 (Rodrigo & Julia Alcaraz - L15-00452 / AU27/2-15.073-Rz - TV - Ward 2)
PURPOSE:
The Petitioners, Rodrigo & Julia Alcaraz are requesting to amend Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to rezone the property at 536 North Avenue from B-2 General Retail District to R-3 One Family Dwelling District. This rezoning would allow the owners to convert the building into a single family residence.
BACKGROUND:
The Subject Property is located at 536 North Avenue and is currently a vacant 2-unit residence with B-2 Business, General Retail zoning. The property is generally located on the north side of North Avenue between Bevier Place and Jackson Street. The property was zoned D Local Business District on the 1929 zoning map and then designated B-2 Business, General Retail on the 1957 zoning map, however, the property has been historically used as residential. In spring of 2013, the property became vacant and then in spring 2014, the property lost its legal and nonconforming use designation, since the 2-unit residence was discontinued and the structure abandoned for a period of six (6) consecutive months.
Earlier this year, the Petitioner bought the property and is requesting to rezone it from B-2 Business, General Retail District to R-3 One-Family Dwelling District is order to use the property as a single-family residence.
DISCUSSION:
Staff has reviewed the Rezoning petition, submitted by the petitioner, as well as the public notice documents required and has found that the petition meets all of the applicable codes and ordinances.
The Subject Property is designated Low Density Residential on the City of Aurora Comprehensive Plan. This rezoning is in accordance with this plan and will allow this non-conforming property to come into compliance. In addition, it is consistent with the City’s long standing density reduction policy.
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:
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.
22.1(2) To protect designated areas of existing conventional single-family development from inappropriate highly intensive land uses.
RECOMMENDATIONS:
The Planning Commission recommends CONDITIONAL APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 536 North Avenue from B-2 General Retail to R-3 One Family Dwelling in Kane County, Aurora, Illinois, 60505 with the following condition:
1. That the Petitioner obtain a building permit to convert the property from a 2-unit to a single family residence within twelve (12) months from the date of this approval.
ATTACHMENTS:
Exhibit "A" Legal Description
Property Research Sheet
Finding of Facts
Land Use Petition and Supporting Documents
Plat of Survey
Legistar History Report
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 536 North Avenue from B-2 General Retail to R-3 One Family Dwelling in Kane County, Aurora Illinois 60505
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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, Julia Alcaraz, is the owner of record of the real estate legally described on Exhibit “A-1”, attached hereto; and
WHEREAS, by petition dated March 23, 2015, Rodrigo & Julia Alcaraz filed with the City of Aurora a petition requesting to amend Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to rezone the property at 536 North Avenue, legally described on said Exhibit “A, from B-2 General Retail District to R-3 One Family Dwelling”; 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 July 8, 2015, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition with the following condition:
1. That the Petitioner obtain a building permit to convert the property from a 2-unit to a single family residence within 12 months from the date of approval.
WHEREAS, on July 30, 2015, the Planning and Development Committee of the Aurora City Council reviewed said Rezoning and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition; andl
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 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”, attached hereto and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit “A” from B-2 General Retail to R-3 One Family Dwelling with the following condition:
1. That the Petitioner obtain a building permit to convert the property from a 2-unit to a single family residence within 12 months from the date of approval.
Section Three: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Four: That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Five: 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.