cover
TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: February 20, 2020
SUBJECT:
An Ordinance Vacating a Portion of Dedicated Public Right of Way for Seminary Avenue located east of S. Lincoln Avenue and west of S. 4th Street, in Kane County, Aurora Illinois (Fox Valley Developers - 20-0070 / AU27/3-20.017-VAC - TV - Ward 4)
PURPOSE:
The Petitioner, Fox Valley Developers, LLC, is requesting approval of a Plat of Vacation of Right of Way for a portion of Seminary Avenue located east of Lincoln Avenue and west of west of S. 4th Street
BACKGROUND:
As part of the Copley Hospital Complex redevelopment, the Petitioner is requesting approval of a Plat of Vacation of Right of Way for a portion of Seminary Avenue. The Petitioner is specifically requesting that 100% of the vacation be granted to East Aurora School District 131, pursuant to their agreement. The Petitioner and the School District have planned for this area to become green space with pathways connecting the Bardwell Elementary School to the new administration building in the former nurses’ building on Bardwell Community's property.
DISCUSSION:
Staff has reviewed the Plat of ROW Vacation 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.
POLICIES AND GUIDELINES:
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.
11.1(3) To encourage new development contiguous to existing development.
RECOMMENDATIONS:
Staff would recommend CONDITIONAL APPROVAL of the Ordinance Vacating a Portion of Dedicated Public Right of Way for Seminary Avenue located east of S. Lincoln Avenue and west of S. 4th Street, in Kane County, Aurora Illinois with the following condition:
1. The 100% of the vacated area be granted to East Aurora School District 131.
2. That a City Easement be place over all areas that are being vacated.
3. That the approval of Plat of Vacation be subject to receiving Final Engineering Approval from the Engineering Division.
ATTACHMENTS:
Exhibit "A" Plat of Vacation
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 20-0070
cc:
Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco
Alderman Robert J. O’Connor
Alderman Juany Garza
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Vacating a Portion of Dedicated Public Right of Way for Seminary Avenue located east of S. Lincoln Avenue and west of S. 4th Street, in Kane County, Aurora Illinois
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 territory shown on Exhibit “A” both hereto attached and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit “A” was heretofore granted and dedicated to the City of Aurora for the purposes of a public right-of-way; and
WHEREAS, the City Council of the City of Aurora has determined that the public interest will be served by a vacation of said public right-of-way as it is shown on said Exhibit “A”; and
WHEREAS, the Petitioner and East Aurora School District 131 are specifically requesting that one hundred percent (100%) of the vacation reflected in Exhibit “A” be granted to the School District.
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 part of the public right-of-way heretofore dedicated upon the territory shown on Exhibit “A” attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit “A” shall be, and is, hereby vacated with the following conditions:
1. The 100% of the vacated area be granted to East Aurora School District 131.
2. That a City Easement be place over all areas that are being vacated.
3. That the approval of Plat of Vacation be subject to receiving Final Engineering Approval from the Engineering Division.
Section Three: That this Ordinance and the vacating of said public right-of-way, shall become effective upon the passage, signage and publication hereof.
Section Four: That the City Clerk be and is hereby authorized and directed to cause this Ordinance, the legal description and Plat of Vacation designated as said Exhibit “A” to be places on record forthwith with the applicable County Recorder of Deeds.
Section Five: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Six: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Seven: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions, which shall remain in full force and effect thereafter.