cover
TO: Mayor Richard C. Irvin
FROM: Steve Broadwell, Planner
DATE: May 10, 2019
SUBJECT:
An Ordinance Annexing the Property located at 1109 South State Street to the City of Aurora, Illinois, 60506 (Kurt Bentley - 19-0337 / AU35/1-19.050-A - SB - Ward 3)
PURPOSE:
The Petitioner, Kurt Bentley, is requesting approval of an Annexation for the property located at 1109 South State Street. Details of the request include incorporation of the .31 acre property to the City of Aurora.
BACKGROUND:
The subject property is currently located in Unincorporated Kane County. The property is .31 acres, and maintains a two-story detached, single-family home that is approximately 1,100 square feet. Additional information on the legislative history can be found in the attached Property Research Sheet.
The Petitioner is requesting the annexation of .31 acres to the City of Aurora with an R-1, One Family Dwelling District zoning so that the structure can connect to City water.
DISCUSSION:
Staff has reviewed the Annexation petition and have determined that it meets the applicable codes and ordinances.
POLICIES AND GUIDELINES :
11.1 (5): To guide and promote development to areas where public utilities, public roads,
and municipal services are either planned or available
22.2 (2): To protect designated areas of existing conventional single-family development
from inappropriate, highly intensive land uses.
22.1 (5): To recognize the unique characteristics of individual neighborhoods and promote
their positive attributes.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Annexing Property located at 1109 South State Street to the City of Aurora, Illinois, 60506.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plat of Annexation
Exhibit "C" Affidavit and Annexation Notification List
Land Use Petition with Supporting Documents
Legistar History Report
cc: Planning & Development Committee:
Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Annexing the Property located at 1109 South State Street to the City of Aurora, Illinois, 60506
body
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, the above-named owner petitioned the City of Aurora to annex the real property legally described on said Exhibit “A” to the City of Aurora, in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (65 ILCS(1994) 5/7-1-8); and
WHEREAS, the above-named party, as owner of record of the real estate legally described on said Exhibit “A”, requested that the property be zoned pursuant to the provisions of Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto; and
WHEREAS, the corporate authorities of the City of Aurora have determined that the property is contiguous to the City of Aurora and is not within the corporate limits of any other municipality and that the petition in all other respects conforms to the requirements of law; and
WHEREAS, due statutory notice has been given to those entities listed in the affidavit and Annexation Notification List attached hereto as Exhibit “C”, being the County and City Election Commissions, County Auditor, Township Board, Township Highway Commissioner, any Fire Protection District and any Public Library District in which the real property legally described on said Exhibit “A” is located.
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 the real estate described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, be, and the same is hereby annexed to the City of Aurora, Illinois.
Section Six: That the property to the far side of any adjacent public right-of-way within said annexed area, and the same is, hereby also annexed to the City of Aurora, Illinois.
Section Seven: That the corporate limits of the City of Aurora, and the same are, hereby extended to include the territory hereby annexed to the City of Aurora, Illinois.
Section Eight: That the real estate legally described on said Exhibit “A” is hereby placed in the R-1 One-Family Dwelling District zoning classification of Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, pursuant to Section 3.2-8 of said Ordinance.
Section Nine: That the City Clerk of the City of Aurora is hereby authorized and directed to file with the applicable County Recorder of Deeds a certified copy of the Ordinance, together with an accurate plat of the territory annexed, which plat shall be certified as to its correctness and attached hereto as Exhibit “B”.