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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: November 18, 2021
SUBJECT:
An Ordinance Annexing Contiguous, Uninhabited, and Unincorporated Real Property Owned by the City of Aurora located at 1951 Bilter Road, 1971 Bilter Road, 1981 Bilter Road, 1995 Bilter Road, 2025 Bilter Road, 2055 Bilter Road, 2091 Bilter Road, 2115 Bilter Road, and 2145 Bilter Road, being directly north of the Chicago Premium Outlet Mall on Bilter Road.
PURPOSE:
To annex property owned by the City of Aurora located in Unincorporated Kane County directly north of the Chicago Premium Outlet Mall on Bilter Road, which includes approximately 49.35 acres of vacant land.
BACKGROUND:
The Subject Properties consist of approximately 49.35 acres of now vacant land that is currently located in unincorporated Kane County directly north of the Chicago Premium Outlet Mall on Bilter Road. The City of Aurora purchased these 9 properties in 2019 to ensure the highest and best economic development for the City in this area.
As is standard in the Annexation process, the subject property will be automatically incorporated to the R-1, One Family Dwelling District. However, it is likely that a rezoning will take place as part of any development plans.
DISCUSSION:
The annexation of these properties is the first step for the improvement to Bilter Road and will support future redevelopment opportunities.
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(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 recommends APPROVAL of the Ordinance Annexing Contiguous, Uninhabited, and Unincorporated Real Property Owned by the City of Aurora located at 1951 Bilter Road, 1971 Bilter Road, 1981 Bilter Road, 1995 Bilter Road, 2025 Bilter Road, 2055 Bilter Road, 2091 Bilter Road, 2115 Bilter Road, and 2145 Bilter Road, being directly north of the Chicago Premium Outlet Mall on Bilter Road.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plat of Annexation
Exhibit "C" Annexation District Notice Letter
Legistar Number 21-0958
cc:
Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Annexing Contiguous, Uninhabited, and Unincorporated Real Property Owned by the City of Aurora located at 1951 Bilter Road, 1971 Bilter Road, 1981 Bilter Road, 1995 Bilter Road, 2025 Bilter Road, 2055 Bilter Road, 2091 Bilter Road, 2115 Bilter Road, and 2145 Bilter Road, being directly north of the Chicago Premium Outlet Mall on Bilter Road
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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, Sec. 7-1-9 of the Illinois Municipal Code provides that whenever any contiguous, uninhabited, unincorporated territory is owned by any municipality, that territory may be annexed by that municipality by the passage of an ordinance to that effect, describing the territory to be annexed;
WHEREAS, the City of Aurora is the owner of record of the real estate legally described on Exhibit “A”, ("Subject Property") attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, the Subject Property is contiguous to the City, is uninhabited, and is within the unincorporated area of Kane County; and
WHEREAS, the City, as owner of record of the real estate legally described on said Exhibit “A”, desires that the property be zoned pursuant to the provisions of Chapter 49 of the Code of Ordinances, City of Aurora; and
WHEREAS, due statutory notice has been given to those entities listed in the affidavit and Annexation Notification List attached hereto as Exhibit “C”, including the County Clerk (as election authority) the supervisor, clerk and all respective members of township board and the highway commissioner in any affected township, and the trustees of any fire protection district in which the Subject Property 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 Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, pursuant to Section 103.2-8 of said Ordinance.
Section Nine: That the City Clerk of the City of Aurora is hereby authorized and directed to file with the Kane County Clerk (as election authority) and the Kane County Recorder 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”.