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TO: Mayor Robert J. O'Connor
FROM: Tracey M. Vacek, Planner
DATE: November 3, 2016
SUBJECT:
An Ordinance Annexing the property located at 759 Austin Avenue, being north of Mountain Street, between Austin Avenue and Farnsworth Avenue, into the City of Aurora pursuant to an Approved Annexation Agreement (Griselda Escalante and Salvador Carrasco - 16-01017 / AU14/4-16.170-AA/A/SU - TV - Ward 1)
PURPOSE:
The Petitioner, Griselda Escalante and Salvador Carrasco, is requesting the Annexation, pursuant to an Annexation Agreement, of 3.203 acres located at 759 Austin Avenue being north of Mountain Street, between Austin Avenue and Farnsworth Avenue
BACKGROUND:
The Subject Property is located at 759 Austin Avenue being north of Mountain Street, between Austin Avenue and Farnsworth Avenue and is currently a single family residences. The property is currently within unincorporated, Kane County with F Farming District zoning and has an Interim Special Use for a landscape business. Additional information on the property can be found in the attached Property Information Sheet.
The details of the Annexation include annexing 3.203 acres to the City of Aurora pursuant to an Annexation Agreement.
Concurrently with this proposal, the Petitioner is requesting approval of the Annexation Agreement, the Establishment a Special Use Planned Development, and a Plat of Dedication for Farnsworth Avenue right of way.
The details of the Annexation Agreement include provisions to annex the property and establish a Special Use Planned Development with B-2(S) General Retail, R-1(S) One Family Dwelling and OS-1(S) Conservation, Open Space, and Drainage underlying zoning on the Subject Property; the dedication of Farnsworth Avenue right of way; and provisions that the City will apply to FEMA for Letter of Map Revision for the Indian Creek floodplain from Austin Avenue to approximately 1,400 feet upstream of Farnsworth Avenue after the Farnsworth Avenue construction from Mountain Street to Sheffer Road is completed.
The details of the Special Use Planned Development include modifications to the standard zoning regulations which allow for one landscape business with outside storage within the R-1 One Family Dwelling zoning until such time as the property is Final Platted for single family lots, and prohibits and adds certain uses within the B-2 zoning district. It also establishes setbacks for the landscape business and reduces the lot width for single family to 70 feet.
The Subject Property will be continue to be used as a Landscape business under Parcel A of the Plan Description with R-1(S) One Family Dwelling District zoning, until such time that the property is Final Platted to create the residential, open space, and commercial lots.
The details of the Plat of Dedication include right of way dedication for Farnsworth Avenue of 7 feet with a 13 feet of temporary construction easement for the northern 170.36 feet of the Subject Property frontage and right of way dedication of 40 feet for the southern 199.96 feet of the Subject Property frontage.
DISCUSSION:
Staff has reviewed the Annexation petition and have determined that it meets 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
11.1(5) To guide and promote development to areas where public utilities, public roads, and municipal services are either available or planned.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Annexing Certain Property located at 759 Austin Avenue being north of Mountain Street, between Austin Avenue and Farnsworth Avenue to the City of Aurora, pursuant to an Approved Annexation Agreement.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Annexation Plat
Exhibit "C" Affidavit and Annexation Notification List
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 16-01017
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Annexing the property located at 759 Austin Avenue, being north of Mountain Street, between Austin Avenue and Farnsworth Avenue into the City of Aurora, pursuant to an Approved Annexation Agreement
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, Escalante, Griselda & is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated October 20, 2016, 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-mentioned party, as owner of record of the real estate legally described on Exhibit “A”, entered into an Annexation Agreement with the City of Aurora providing, pursuant to annexation, that said real estate be placed in a certain zoning category; and
WHEREAS, said Annexation Agreement as approved by the City, by Ordinance Number ______, on November 22, 2016 is hereby made a part hereof and incorporated herein by reference as if fully set forth; 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”.