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TO: Mayor Richard C. Irvin
FROM: Jill Morgan, Planner
DATE: June 7, 2019
SUBJECT:
An Ordinance Abrogating a Landscape Easement on the Property located north of Hafenrichter Road, east of Barrington Drive, and west of Whitethorn Drive, in Will County, Aurora Illinois 60503 (Pulte Home Company, LLC - 19-0398 / WH05/1-19.035-Fsd/Fpn/VAC - JM - Ward 9)
PURPOSE:
The Petitioner, Pulte Home Company, LLC, is requesting the Abrogation of a Landscape Easement for the property north of Hafenrichter Road, east of Barrington Drive, and west of Whitethorn Drive. The details of the proposal include abrogation of a landscape easement in order to allow for the development of 41 lots for single-family homes.
BACKGROUND:
The Subject Property is currently vacant land with R-1(S) One Family Dwelling District with a Special Use zoning, which is part of the New Song Highlands Special Use Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of an Abrogation of a Landscape Easement. The landscape easement is an easement to the adjacent property owner to the south but also requires the approval of the City of Aurora to remove or vary this easement. The easement is currently in what will be the backyard of Lots 1-6.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan for Lots 1-48 of Laurelton Place Subdivision, formerly known as New Song Highlands Subdivision, for a One Family Dwelling (1110) Use. The project includes the development of 41 single-family homes, related stormwater detention, and six outlots. The existing stubs at Whitethorn Drive, Seaview Drive, and Bayfield Drive will be extended and will match the existing 60 foot right-of-way.
All the lots meet the minimum of 8,000 square feet and 60 foot width at the 25 foot setback line required by the Plan Description along with required setbacks. The average lot size is 10,000 square feet and the average width is 73 feet. The minimum lot size is 8,631 square feet and the minimum lot width is 67 feet. The lots are therefore similar to the surrounding subdivisions.
The Building Elevations provide four models with three to four variations per model. The elevations are mostly two stories with a one-story garage portion. The homes are clad in vinyl siding with several models being masony on the first-story. Some are accentuated by veritcal board siding, columned porches, and/or faux brackets or timbering. The Landscape Plan provides street trees, one tree per lot along with one tree on exterior side yards, and stormwater detention with native plantings with the borders being trees and shrubs.
Also, the Petitioner is requesting approval of a Final Plat for Lots 1-48 of Laurelton Place Subdivision. The details of the request include a subdivision into 48 lots with 41 lots being for development, one lot for stormwater detention and six small lots to be outlots to address protection for overflow paths.
Finally, the petitioner is requesting the Vacation of easements, including City Easements, Ingress Egress Easements and Stormwater Control Easements, to allow for the development of the single-family homes.
DISCUSSION:
Staff has reviewed the Abrogation 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 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1 (3) To encourage new development contiguous to existing development.
RECOMMENDATIONS:
Staff would recommend APPROVAL of An Ordinance Abrogating a Landscape Easement on the Property located north of Hafenrichter Road, east of Barrington Drive, and west of Whitethorn Drive, in Will County, Aurora Illinois 60503
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Plat of Abrogation
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 19-0398
cc:
Alderman Michael Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco, Member
Alderman Robert J. O'Connor, Member
Alderman Juany Garza, Member
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Abrogating a Landscape Easement on the Property located north of Hafenrichter Road, east of Barrington Drive, and west of Whitethorn Drive, in Will County, Aurora Illinois 60503
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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, the territory legally described in 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 reserved and granted to Lot 1 of New Song Highlands with the stipulation that no vegetation planted and/or earth berms per the approved New Song Community Church landscape plans shall be removed from the landscape easement without the consent of the City of Aurora; and
WHEREAS, the City Council of the City of Aurora has determined that said abrogation described in Exhibit “A” will have no adverse effect upon the provision for which said easement was granted; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois,
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 part of the easement heretofore reserved and granted to the City of Aurora and 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 abrogated.
Section Six: That the City Clerk be and is hereby authorized and directed to cause this Ordinance and the Plat of Abrogation hereby designated as Exhibit “A”, to be placed on record forthwith with the applicable County Recorder of Deeds.