cover
TO: Mayor Thomas J. Weisner
FROM: Tracey M. Vacek, Planner
DATE: November 5, 2015
SUBJECT:
An Ordinance Annexing Territory located at 2065 Bilter Road to the City of Aurora, Illinois 60502 (City of Aurora - L15-00694 / AU01/2-15.195-A - TV - Ward 1)
PURPOSE:
The City of Aurora is requesting approval of the Annexation of 4.823 acres located at 2065 Bilter Road.
BACKGROUND:
The Subject Property is located at 2065 Bilter Road and is a long and narrow piece of improved residential property immediately north of the Chicago Premium Outlets expansion. This parcel is also one of several similar sized properties along this stretch of Bilter Road, all in unincorporated Kane County, that according to the City's comprehensive plan designates this area as future Office/Research/Industrial (ORI) or non-residential. Invest Aurora and the Aurora Economic Development Commission before them, have been working with properties in this area for several years.
The City approved a purchase agreement in December of 2014 by Ordinance O14-076 for an acquisition of the Subject Property and is now requesting to annex this property into the City of Aurora. The property will be annexed with the intended use being for an access drive from Bilter Road to the Chicago Premium Outlets site as depicted on the attached drawing.
DISCUSSION:
Given the expansion of the Chicago Premium Outlets (CPO) to the east, it was discussed at that time the need for a future additional access drive leading from Bilter Road into the CPO site, or a roadway for future development purposes.
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.
11.0 To guide the growth of the City in an orderly and structured manner.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Annexing Territory located at 2065 Bilter Road to the City of Aurora, Illinois
ATTACHMENTS:
Access Drive Drawing
Exhibit "A" Legal Description
Exhibit "B" Annexation Plat
Exhibit "C" District Notice Mailing Affidavit
Legistar Number: L15-00694
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 Territory located at 2065 Bilter Road to the City of Aurora, Illinois 60502
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, City of Aurora is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated July 31, 2015, 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-named party, as owner of record of the real estate legally described on said Exhibit “A”, requested that the property be zoned pursuant to the provisions of Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto; 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 District Notice Mailing Affidavit 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 all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Three: 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 Four: 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 Five: 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 Six: 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 Seven: 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 Eight: 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”.
Section Nine: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.