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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: July 7, 2016
SUBJECT:
An Ordinance Establishing a Special Use Planned Development on four properties located along Randall Road, Spruce Street and Fordham Avenue, to be incorporated under the existing West Aurora High School Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of P Park and Recreation (Whitt Law, LLC - 16-00586 / AU20/2-16.089-Rz/Su/Fpn/R - TV - Ward 4)
PURPOSE:
The Petitioner, Whitt Law, LLC, on behalf of West Aurora School District #129, is requesting the Establishment of a Special Use Planned Development on four properties located along Randall Road, Spruce Street and Fordham Avenue, to be incorporated under the existing Special Use Planned Development for West Aurora High School, and to change the underlying zoning district from R-2 One Family Dwelling District to P Park and Recreation District.
BACKGROUND:
The Subject Property consists of four parcels located along Randall Road, Spruce Street and Fordham Avenue which have recently been purchased by West Aurora School District. The properties are currently have R-2 One Family Dwelling zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
Concurrently with this proposal, the Petitioner is also proposing Final Plan Revision which includes the Subject Property and the West Aurora High School Campus.
DISCUSSION:
Staff has reviewed the Special Use Planned Development and Rezoning petition and have determined that it meets the applicable codes and ordinances.
POLICIES AND GUIDELINES / IMPACT STATEMENT :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center.
11.0 To guide the growth of the City in an orderly and structured manner.
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.
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Ordinance Establishing a Special Use Planned Development on four properties located along Randall Road, Spruce Street and Fordham Avenue, to be incorporated under the existing West Aurora High School Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of P Park and Recreation
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description Reference
Property Research Sheet
Land Use Petition with Supporting Documents
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Establishing a Special Use Planned Development on four properties located along Randall Road, Spruce Street and Fordham Avenue, to be incorporated under the existing West Aurora High School Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of P Park and Recreation
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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, West Aurora School District #129 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 June 16, 2016, Whitt Law, LLC filed with the City of Aurora a petition requesting the Establishment of a Special Use Planned Development on four properties located along Randall Road, Spruce Street and Fordham Avenue, to be incorporated under the existing Special Use Planned Development for West Aurora High School, and to change the underlying zoning district from R-2 One Family Dwelling District to P Park and Recreation District
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 6, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on July 16, 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 Special Use 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: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 10.7 & 11.5 a Special Use permit is hereby granted for a Planned Development (8000) use for the real estate property legally described in Exhibit “A”.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Planned Development (8000) use and is subject to all of the conditions set forth herein which shall be binding and remain in full force and effect upon the property, the petitioner and their respective heirs, executors, administrators, successors, assigns and devisees for the duration of said special use.
Section Seven: That the Plan Description in the form of Exhibit “B” attached hereto and included herein by reference as if fully set forth and incorporated in and made a part of this Ordinance is hereby approved.
Section Eight: That should any of the above-stated conditions not be met or that the property described in Exhibit “A” is not developed in accordance with the special use the City Council shall take the necessary steps to repeal this Ordinance.
Section Nine: That future proposals for expansion or intensification of whatever kind for the property legally described in said Exhibit “A”, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Ten: 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-2 One Family Dwelling District to P(S) Park and Recreation District. Upon termination of the use of said property for a Planned Development (8000) this Special Use permit shall terminate and the classification of P Park and Recreation shall be in full force and effect.
Section Eleven: That this Planned Development (8000) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Twelve: That all modifications and exceptions under the Aurora Zoning Ordinance and all modifications and exceptions from the Aurora Subdivision Control Ordinance, as set forth in the Plan Description, are here by granted and approved.