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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: June 8, 2017
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 538 S. Broadway being the southeast corner of S. Broadway and Seminary Avenue from R-3 One Family Dwelling to NC Neighborhood Commercial (Michael Bader - 17-00384 / AU28/2-17.041-Rz - JM - Ward 4)
PURPOSE:
The Petitioner Michael Bader is requesting to rezone the property at 538 S. Broadway being the southeast corner of S. Broadway and Seminary Avenue from R-3 One Family Dwelling District to NC Neighborhood Commercial District.
BACKGROUND:
The Subject Property currently contains a vacant building with R-3 One Family Dwelling zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting to rezone the property. The details of the request include rezoning the property to Neighborhood Commercial in order to use the first-story of the building for a local commercial use. Residential would be permitted on the second-story. The plan is for the first-story to be used as an ice cream parlor (Retail sales or service (2100) Use). The site currently has a parking lot, which will be restriped to accommodate eight parking spaces and one handicap accessible space. The property had a business on the first-story with residential above until 2013 when the business closed and the property subsequently lost its legal non-conforming status.
DISCUSSION:
Staff has reviewed the Rezoning 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.
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 / IMPACT STATEMENT :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1 (3) To encourage new development contiguous to existing development.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.
12.1 (7) To protect residential development from the negative effects of high volume traffic corridors and incompatible land uses.
RECOMMENDATIONS:
Planning Commission recommended APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 538 S. Broadway being the southeast corner of S. Broadway and Seminary Avenue from R-3 One Family Dwelling to NC Neighborhood Commercial.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Site Plan
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 17-00384
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 ________________
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An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 538 S. Broadway being the southeast corner of S. Broadway and Seminary Avenue from R-3 One Family Dwelling to NC Neighborhood Commercial.
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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, Michael Bader 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 26, 2017, Michael Bader filed with the City of Aurora a petition requesting to rezone said property located at 538 S. Broadway being the southeast corner of S. Broadway and Seminary Avenue from R-3 One Family Dwelling District to NC Neighborhood Commercial 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 7, 2017, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on June 15, 2017, 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-3 One Family Dwelling District to NC Neighborhood Commercial District.