cover
TO: Planning Commission
FROM: Tracey M. Vacek, Planner
DATE: May 26, 2015
SUBJECT:
An Ordinance Vacating a Portion of Dedicated Public Right of Way for Duke Parkway and Vacating a Portion of a City Easement, north of Ferry Road in DuPage County, Aurora, Illinois, 60502 (Duke Realty - L15-00375 / WI33/3-15.083-Fsd/Fpn - TV - Ward 10)
PURPOSE:
The Petitioner, Duke Realty is requesting approval of a Plat of Vacation to vacate a portion of Duke Parkway and to vacate a portion of a city easement which follows that portion of Duke Parkway.
BACKGROUND:
In 2007, a Final Plat and Plan were approved for Butterfield East Subdivision, Unit 1 which included the dedication of Duke Parkway from Ferry Road north along the western and northern property lines of Lot 1.
Last month, the Petitioner received approval of a revised Preliminary Plan and Plat which would realign Duke Parkway further to the west. The proposed Plat of Vacation is vacating a portion of Duke Parkway and the adjacent city easement that run along the street which is located at the current dead end of Duke Parkway, along the northern property line of Lot 1 of Butterfield East Subdivision, Unit 1. This is being approved concurrently with the Final Plat for Butterfield East Unit 3 which shows the new alignment of Duke Parkway and proposed easement.
DISCUSSION:
Staff has reviewed the Vacation petition, submitted by the petitioner and have sent comments back to them 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.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Vacating a Portion of Dedicated Public Right of Way for Duke Parkway and Vacating a portion of City Easement, north of Ferry Road in DuPage County, Aurora, Illinois, 60502.
ATTACHMENTS:
Exhibit "A-1" Plat of Vacation
Property Research Sheet
Legistar History Report
Land Use Petition
cc: Stephane Phifer, Planning Director
Bill Wiet, Chief Development Services Officer
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Vacating a Portion of Dedicated Public Right of Way for Duke Parkway and Vacating a Portion of a City Easement, north of Ferry Road in DuPage County, Aurora, Illinois, 60502 (Duke Realty - L15-00375 / WI33/3-15.083-Fsd/Fpn - TV - Ward 10) (Public Hearing at City Council - June 23, 2015)
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 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 the City of Aurora for purposes of installing utilities and for public right of way; and
WHEREAS, the City Council of the City of Aurora has determined that the vacation of easement shown on Exhibit "A" will have no adverse effect upon the provision for utilities for which said easement was granted; and
WHEREAS, the City Council of the City of Aurora has held a public hearing upon the proposed public right of way vacation and determined that the public interest will be served by a partial vacation of said public right of way as it is shown on Exhibit "A" will have no adverse effect; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council finds as facts all of the recitals in the preamble of this Ordinance.
Section Two: 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 vacated.
Section Three: That the City Clerk be and is hereby authorized and directed to cause this Ordinance and the Plat of Vacation hereby designated as Exhibit "A", to be placed on record forthwith with the applicable County Recorder of Deeds.
Section Four: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Five: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Six: 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.