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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: January 23, 2014
SUBJECT:
The petitioner, MKG Properties, LLC, is proposing a Rezoning petition on 0.13 acres to rezone the property from B-1 to R-2 located at 302 W. Downer Place.
PURPOSE:
The petitioner, MKG Properties, LLC, is requesting to rezone the property located at 302 W. Downer Place from B-1 to R-2 to allow the building to be used as a single-family house.
BACKGROUND:
This Rezoning petition was referred by the City Council to the Planning and Zoning Division on January 14, 2014. The petition could not be heard at the January 8, 2014, Planning Commission since there was not a quorum to hold the meeting.
Legislative History:
Date Review Body Motion Vote
1/22/2014 Planning Commission Conditional Approval Unanimous
1/8/2014 Planning Commission No Action - Continued N/A
12/17/2013 Planning Council Forward Unanimous
DISCUSSION:
Development Proposal:
The proposal consists of rezoning the Subject Property from B-1 Business District-Local Retail to R-2 One-Family Dwelling District. The proposed zoning will allow for the existing two-story historic building to be used as a single-family house.
Evaluation: Staff has reviewed the Rezoning petition submitted by the petitioner. The proposed rezoning is consistent with the City's long standing density reduction policy. In addition, the proposed R-2 zoning will match the zoning of the adjacent eastern property that was rezoned in 2003 and the eventual single-family use of the Subject Property.
The building's historic architecture and construction has an appearance of a single-family house, both internally and externally, which the proposed residential zoning should complement the building.
The Subject Property is designated Mixed Uses: Office / Research / Commercial land use on the City of Aurora's Comprehensive Plan, which the proposed rezoning is in accordance said land use.
The Planning Commission recommended Conditional Approval of the Rezoning petition and concurred with Staff's recommended condition.
Public Input: Due public notice was given for the public hearing on this matter. No witnesses came forward at the January 22, 2014, public hearing. As of the date of this memo, staff has received a public inquiry regarding this petition. The caller did not indicate a specific concern regarding this Rezoning petition.
IMPACT STATEMENT:
This item will increase the tax base and overall viability of the City which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
Planning Commission recommended Conditional Approval of the Rezoning Petition on 0.13 acres to rezone the property from B-1 to R-2 located at 302 W. Downer Place by MKG Properties, LLC, with the following condition:
1. That the petitioner shall enter into and record an ingress/egress access easement for access onto Locust Street and a shared parking lot easement across the Subject Property and 59 S. Locust Street for the shared mutual benefit of said properties and 304 W. Downer Place, unless said easement(s) or agreement(s) have previously been entered into and recorded. A recorded copy of said easement(s) or agreement(s) shall be submitted to the City's Planning and Zoning Division office within 60 days of Rezoning petition City approval.
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 302 W. Downer Place from B-1 to R-2 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, MKG Properties, LLC 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 December 17, 2013, the above-named owner petitioned the City of Aurora to amend Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map Attached Thereto, to rezone the real estate described on said Exhibit "A" from B-1 Business District-Local Retail to R-2 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 January 22, 2014, made their requisite findings of fact as prescribed by Section 11.5-6 of said Ordinance Number 3100, and recommended approval of said petition to the Aurora City Council; and
WHEREAS, the City Council has reviewed said recommendation and concurs with the approval of the Rezoning petition.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That said 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, here by amended to rezone the real estate described on Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit "A" from B-1 Business District-Local Retail to R-2 One-Family Dwelling, and the Site Plan described on Exhibit "B" is hereby approved.
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.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
EXHIBIT "A"
LEGAL DESCRIPTION
That part of Lot 30 of the Assessor's Subdivision of such portions of the northeast and southeast quarter of Section 21, as lie south of Galena Street and north of John Holbrook's land, also such portions of the northwest and southwest quarters of Section 22, as lie south of Galena Street and west of Lake Street, described as follows: beginning at the northeasterly corner of said Lot 30; thence southerly along the easterly line of said lot, 96.0 feet; thence westerly parallel with the northerly line of said lot, 59.85 feet; thence northerly 95.98 feet to a point on the northerly line of said Lot 30, which is 57.35 feet westerly of the northeasterly corner of said lot; thence easterly along said northerly line 57.37 feet to the point of beginning, in the City of Aurora, Kane County, Illinois.
Parcel Number: 15-21-427-017
Commonly Known as: 302 W. Downer Place located in Kane County.
EXHIBIT "B"
INFORMATION SHEET
For the Plat of Survey for the property located at Address, Aurora, IL
Case File Number: AU21/4-13.477-Rz
Tax Parcel Number: 15-21-427-017
Owner: MKG Properties, LLC
Date Plat of Survey Received by Planning: January 2, 2014
Plat of Survey Prepared By: Todd Surveying
1304 Sunset Avenue, Suite E
Yorkville, IL 60560
NOTE: A COPY OF THIS PLAT AS REFERENCED HEREON IS ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.