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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: November 8, 2018
SUBJECT:
An Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for ORI(S) Office, Research, and Light Industrial District with a Special Use zoning for the territory which may be Annexed to the City of Aurora located at west side of Orchard-Gateway Road, north of Vision Court being Vacant Land in Kane County, Aurora Illinois 60506 (Gottemoeller Real Estate, Ltd. - 18-0893 / SG01/3-18.179-PA - TV - Ward 5) (PUBLIC HEARING)
PURPOSE:
The Petitioner, Gottemoeller Real Estate, Ltd., is requesting approval of an Annexation Agreement for approximately 35.05 acres located on the west side of Orchard-Gateway Road, north of Vision Court.
BACKGROUND:
The Subject Property is currently vacant and is within unincorporated Kane County with agricultural zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of an Annexation Agreement for approximately 35.05 acres. The Annexation Agreement includes provisions for the annexation and establishment of a Special Use Planned Development with ORI(S) Office, Research and Light Industrial District zoning. It also provides for the extension of Orchard Gateway Road through the Subject Property, at such time that the Village of Sugar Grove acquires all other right of way and approvals for the construction of the extension to the western property line of the Subject Property. This Annexation Agreement is binding for 15 years.
The Petitioner is not proposing to annex the property at this time.
DISCUSSION:
Staff has reviewed the Annexation Agreement 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.
The proposed ORI zoning is designation is consistent with the adjacent Deerpath Commerce Center Subdivisions to the east and south.
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.
11.1(3) To encourage new development contiguous to existing development.
40.1(1) To attract and encourage industrial, office and office-research development to planned sites where requisite public facilities are either present or proposed.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for ORI(S) Office, Research, and Light Industrial District with a Special Use zoning for the territory which may be Annexed to the City of Aurora located at west side of Orchard-Gateway Road, north of Vision Court being Vacant Land in Kane County, Aurora Illinois 60506.
ATTACHMENTS:
Exhibit "A" Annexation Agreement
Land Use Petition with Supporting Documents
Aerial Map
Property Research Sheet
Legistar History Report
Legistar Number: 18-0893
cc:
Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for ORI(S) Office, Research, and Light Industrial District with a Special Use zoning for the territory which may be Annexed to the City of Aurora located at west side of Orchard-Gateway Road, north of Vision Court being Vacant Land in Kane County, Aurora Illinois 60506 (PUBLIC HEARING)
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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, a proposed Annexation Agreement in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth, has been duly submitted to the Corporate Authorities of the City of Aurora with the request that all required hearings be held thereon, and requisition annexation to the City of Aurora of a certain territory therein described, subject to the terms and conditions of said Annexation Agreement, pursuant to Section 11-15.1-1 et seq. of the Illinois Municipal Code (65 ILCS (1994) 5/11-15.1-1); and
WHEREAS, the Corporate Authorities of the City of Aurora caused a notice to be prepared describing in general the terms and conditions of the proposed Annexation Agreement and stating the time and place of a public hearing to consider the proposed Annexation Agreement; and
WHEREAS, such notice of the public hearing was duly published not less than 15 nor more than 30 days prior to said public hearing, in a newspaper of general circulation in the City of Aurora; and
WHEREAS, on November 7, 2018, the Aurora Planning Commission, held a public hearing on the petition to enter into said Annexation Agreement and zoning amendment therein provided after due publication of notice of public hearing and has submitted a recommendation of APPROVAL for the Annexation Agreement and zoning amendment on said property to the City Council of the City of Aurora; and
WHEREAS, on November 15, 2018, the Planning and Development Committee of the Aurora City Council reviewed said Annexation Agreement and zoning amendment, reviewed the before mentioned recommendations and recommended APPROVAL of said Annexation Agreement and zoning amendment; and
WHEREAS, all public hearings and other action required to be held or taken prior to the adoption and execution of said Annexation Agreement in order to make the same effective have been held or taken pursuant to notice as required by law and in accordance with all requirements of law; and
WHEREAS, on December 11, 2018, the City Council also held a public hearing upon the proposed Annexation Agreement as specified in such notice; and
WHEREAS, Exhibit “A”, attached hereto and included herein by reference as if fully set forth, in its present form, has been on file with the City Clerk of the City of Aurora for public inspection for at least one week; and
WHEREAS, the Corporate Authorities, after due investigation and consideration, and following the aforesaid public hearings, have determined that entering into the Annexation Agreement in the form of Exhibit “A” attached hereto and included herein by reference as if fully set forth, will serve the public good and benefit the City of Aurora; 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 the Mayor and City Council hereby find as fact all of the preambles contained in the Annexation Agreement in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth.
Section Six: That the Annexation Agreement in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth, and incorporated in and made a part of this Ordinance, is hereby approved and the Mayor of the City of Aurora is hereby authorized and directed to execute such Annexation Agreement on behalf of the City, and the City Clerk is hereby authorized and directed to attest the Mayor’s signature and affix the corporate seal of the City hereto.
Section Seven: That such number of duplicate originals of said Annexation Agreement may be executed, as the Mayor shall determine.