cover
TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior, Planner
DATE: April 26, 2023
SUBJECT:
A Resolution Accepting the Dedication of Right of Way for Mitchell Road located along the property at 1299 Mitchell Road (W.E. Mundy Landscaping and Garden Center, Inc. - 23-0252 / AU10/4-23.140-Ded/ROW - TV - Ward 1)
PURPOSE:
The Subject Property is 3.54 acres and currently zoned F-2 Farming District in unincorporated Kane County. The City's Comprehensive Plan designates this parcel as mixture of Commercial and Low Density Residential. The majority of the area is not-residential uses. This property is contiguous to the City of Aurora along a portion of the property to the west and to the east.
The Petitioner is requesting the approval of a Plat of Dedication. This Plat will dedicate 40 feet of right of way from the centerline of Mitchell Road which is currently prescriptive right of way.
Concurrently with this proposal, the Petitioner is requesting annexation to the City of Aurora pursuant to a Water Service Agreement. The property was recently developed in the Kane County for a landscape company with outside storage including a nursery use and is receiving water from the City. Per the annexation process, the property is annexed into the City with R-1 One Family Dwelling District Zoning.
The Petitioner is also requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district from R-1 One-Family Dwelling District zoning to B-3 Business and Wholesale District. The plan description allows for the continued use of the property as a landscape company with outside storage including a nursery use.
cc: City Council
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Accepting the Dedication of Right of Way for Mitchell Road located along the property at 1299 Mitchell Road
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, it may be necessary in the future to construct additional public roadway and provide utilities within the proposed Mitchell Road right-of-way dedication area; and
WHEREAS, upon petition of the property owners, W.E. Mundy Landscaping and Garden Center, Inc., the City of Aurora has been offered in dedication suitable vacant land for the purpose of locating there upon the proposed public roadway and any utilities; and
WHEREAS, the City desires to receive and accept the dedication of such real estate, in accordance with Section 11-105-01 of the Illinois Municipal Code (65 ILCS (1994) 5/11-105-1); and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, as follows: that upon petition of the property owners, the City hereby receives and accepts the dedication of the right-of-way for public roadway and any utilities located within said public Mitchell Road right-of-way, as described on Exhibit “A” Plat of Right-of-way Dedication attached hereto; provided, however, that such acceptance of dedication does not relieve the developer of its obligations to construct such roadways and/or utilities in accordance with the City of Aurora Public Improvement Ordinance.