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TO: Mayor Richard C. Irvin
FROM: Steve Broadwell, Planner
DATE: August 3, 2017
SUBJECT:
Requesting the Vacation of an Ingress/Egress easement on Lot 164 and Lot 165 of The Plaza on New York Subdivision (IH Fox Valley Owner, LLC - / NA21/1-17.018-FSD/FPN/VAC/E - SB - Ward 10)
PURPOSE:
The Petitioner, IH Fox Valley Owner, LLC, is requesting approval of an Ingress/Egress Easement on the property located at 4020-4090 East New York Street, which is 5,000 square feet in total.
BACKGROUND:
The Subject Property is currently Vacant Land/Open Space with B-2(S) General Retail zoning. The Petitioner, IH Fox Valley Owner, LLC, seeks to construct a single-story, 60-unit transitional healthcare facility. A Preliminary Plat and Plan was approved at this site on September 13, 2016 as R2016-283 and R2016-284, which included the re-subdivision of the subject property into two lots. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of a Plat of Vacation for an Ingress/Egress Easement for the Transitional Care - Aurora subdivision. The area to be vacated is located on the existing Lot 164 and Lot 165, and are fronting on East New York Street. The total vacated area is 5,000 square feet.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat for Transitional Care - Aurora Subdivision, being Vacant Land Located at the Northwest Corner of New York Street and Station Boulevard. Details of the request include the re-subdividing of Lot 163, Lot 164, Lot 165, Lot 166, and Lot 167 of the Plaza on New York subdivision into two lots: Lot 1, which is 4.249 acres; and Lot 2, which is 2.432 acres.
Additionally, the Petitioner is requesting approval of a Final Plan for Lot 1 of Transitional Care - Aurora subdivision. Details of the request include construction of a 50,582 square foot building, which is 34’-8” tall. The ambulance port is located in the southwest corner of the building. The Final Plan is also consistent with the Preliminary Plan in that Lot 1’s frontage is on East New York Street, while full access is available from two points on Gabrielle Lane.
DISCUSSION:
The Planning and Zoning Division has reviewed the Plat of Vacation petition and have sent comments back to the Petitioner based on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
IMPACT STATEMENT :
The Planning and Zoning Division would anticipate that this project will increase the City’s overall tax base and viability by enhancing the City’s infrastructure and improving services to its residents.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the ordinance vacating an Ingress/Egress easement on Lot 164 and Lot 165 of The Plaza on New York Subdivision.
ATTACHMENTS:
Exhibit "A" Plat of Vacation
Land Use Petition with Supporting Documents
Property Research Sheet
cc: Alderman Saville, Chairman
Alderman Jenkins
Alderman Franco
Alderman Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating an Ingress/Egress Easement on the Property located at 4020-4090 East New York Street, North of New York Street and West of Station Boulevard, in DuPage County, Aurora Illinois 60504
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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; and
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.