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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: April 16, 2025
SUBJECT:
An Ordinance Vacating a portion of the Stormwater Control Easement on the Property located at 3011 Lundquist Drive, in Will and Kendall County, Aurora, Illinois 60503 (Crossroads Community Church - 25-0335 / WH07/3-25.117 - Vac/E - TV - Ward 9)
PURPOSE:
The Petitioner, Crossroads Community Church, is requesting the Vacation of a portion of the Stormwater Control Easement on the property at 3011 Lundquist Drive.
BACKGROUND:
The Subject Property is located at 3011 Lundquist Drive and is zoned B-2(C) Business District, General Retail with a Conditional Use Planned Development, which is part of the Crossroads Community Church and Amber Fields Unit 6 Planned Development approved by Ordinance O03-089. In 2009, City Council approved a Final Plat and Plan by Resolution PDFNL2009-010 allowing the conversion of the existing farmstead to temporary office uses until such time the property redevelops.
The Petitioner is requesting the vacation of a portion of the Stormwater Control Easement located along the northern section of the property. This request is in conjunction with plans to reconfigure the existing detention basin in order to reclaim the area as buildable land.
DISCUSSION:
Staff 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. In addition, the City's Engineering Division has reviewed and approved the reconfigured detention facility.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
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.
RECOMMENDATIONS:
Staff recommends APPROVAL of the An Ordinance Vacating a Stormwater Control Easement on the Property located at 3011 Lundquist Drive, in Will and Kendall County, Aurora, Illinois 60503.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B-1" Plat of Vacation (Will County)
Exhibit "B-2" Plat of Vacation (Kendall County)
Land Use Petition and Supporting Documents
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cc: Alderwoman Patty Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman Bill Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating a portion of the Stormwater Control Easement on the Property located at 3011 Lundquist Drive, in Will and Kendall County, Aurora, Illinois 60503
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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 “B-1" and Exhibit "B-2" attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit “B-1" and Exhibit "B-2" shall be, and is, hereby vacated.
Section Six: That the City Clerk be and is hereby authorized and directed to cause this Ordinance and Plat of Vacation attached hereto as Exhibit “B-1" and Exhibit "B-2", to be placed on record forthwith with the applicable County Recorder of Deeds.