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TO: Mayor Richard C. Irvin
FROM: Stephen Broadwell, Planner
DATE: May 18, 2023
SUBJECT:
An Ordinance Vacating a Portion of Dedicated Public Right-of-Way for an Alley, on the Property Located at 301 West Galena Boulevard, in Kane County, Aurora, Illinois 60506 (First Midwest Group - 23-0309 / AU21/2-23.182-DED/VAC/ROW - SB - WARD 2)
PURPOSE:
The Petitioner, First Midwest Group, is requesting approval of a Plat of Vacation to vacate the public right-of-way that runs through the middle of the property located at 301 West Galena Boulevard.
BACKGROUND:
The Subject Property is zoned B-1, Business District - Local Retail. The existing two-story building, which used to be a bank, is approximately twenty thousand, five hundred (20,500) square feet. There are approximately seventy-two (72) striped parking spaces on the Subject Property. The Subject Property has frontages on the following streets: W. New York St., Oak Avenue, and W. Galena Blvd. The Comprehensive Plan designates the adjacent blocks of Oak Avenue and W. Galena Blvd. as Arterial Streets, while the adjacent block of W. New York St. is designated as a Local Street. The Subject Property also maintains one access to W. Galena Blvd., W. New York St., and Oak Ave., in addition to the existing alley, which is public right-of-way, and runs east and west through the property from N. Locust St. to Oak Ave. The Comprehensive Plan designates the Subject Property’s land use as Office.
The Petitioner is requesting approval of a Plat of Vacation. Details of the request include vacating the public right-of-way which extends through the middle of the Subject Property, from the alley to the west to the Oak Ave. right-of-way to the east
Concurrently with this proposal, the Petitioner is requesting approval of a Major Variance for setbacks. Details of the request include reducing the minimum setback requirements along the Oak Ave. and W. New York St. frontages to allow for the parking lot to be expanded. The Major Variance request to reduce the minimum setback requirements for the existing building on the W. Galena Blvd. and the western property line where it is adjacent to a residentially zoned property. The Petitioner’s intent is to remodel the existing building and to enclose the existing drive-through for an office use, and to also expand the parking lot.
The Major Variance request for setbacks on the Subject Property is as follows: to reduce the minimum setback on the Oak Avenue frontage from thirty (30) feet to eight (8) feet, five (5) inches; to reduce the minimum setback on the West Galena Boulevard frontage from thirty (30) feet to thirteen (13) feet, four (4) inches; to reduce the minimum setback on the western property line, where the Subject Property abuts a residentially zoned district, from twenty (20) feet to nine (9) feet, six (6) inches; and, to reduce the minimum setback on the West New York Street frontage from twenty (20) feet to zero (0) feet.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat for Associated Bank subdivision. The details of the request include the establishment of the one (1) lot Associated Bank subdivision, as well as the dedication of a Cross Access Easement through the Subject Property that runs from the western alley to W. New York St. on the north, and newly dedicated City Easements at the corners where Oak Avenue meets W. Galena Blvd. and W. New York St.
DISCUSSION:
Staff has reviewed the Plat of 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:
14.1 (2): To promote the preservation and revitalization of older residential neighborhoods
and commercial areas within the City of Aurora.
41.1 (1): To attract and encourage industrial, office and office-research development to
planned sites where requisite public facilities are either present or proposed.
61.1 (1): To develop and maintain a street hierarchy system, consisting of expressway,
arterials and collectors, that provides a safe and efficient traffic flow.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the ordinance vacating a portion of dedicated public right-of-way for an alley, on the property located at 301 West Galena Boulevard, in Kane County, Aurora, Illinois 60506.
ATTACHMENTS:
Exhibit "A" Plat of Vacation
Land Use Petition and Supporting Documents
Qualifying Statement
Property Parcel Maps
cc: Building, Zoning and Economic Development Committee:
Alderwoman Patricia Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman William "Bill" Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating a Portion of Dedicated Public Right-of-Way for an Alley, on the Property Located at 301 West Galena Boulevard, in Kane County, Aurora, Illinois 60506.
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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 the City of Aurora for purposes of installing utilities; and
WHEREAS, the City Council of the City of Aurora has determined that said vacation described in Exhibit “A” will have no adverse effect upon the provision for utilities for which said easement was granted.
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 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 Six: 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.