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TO: Mayor Richard C. Irvin
FROM: Stephen Broadwell, Planner
DATE: January 18, 2023
SUBJECT:
An Ordinance Annexing Property, Being Vacant Land, Located at 955 Schomer Road to the City of Aurora, Illinois, 60505. (Alfredo & Maribel Gutierrez - 23-0037 / AU11/1-23.017-A - SB - Ward 1)
PURPOSE:
The Petitioners, Alfredo and Maribel Gutierrez, are requesting the Annexation of .589 acres located at 955 Schomer Road, allowing the property to be incorporated to Aurora as R-1, One Family Dwelling District.
BACKGROUND:
The Subject Property is currently in Unincorporated Kane County. The Subject Property is approximately .6 acres and is presently vacant. The Comprehensive Plan designates the property as Low Density Residential. The Subject Property is contiguous to incorporated Aurora on its west and south property lines.
The Petitioners, Alfredo and Maribel Gutierrez, are requesting the annexation of approximately .6 acres of vacant land, located at 955 Schomer Rd, in order to build a single-family home. Per the annexation process, the property is incorporated to the R-1, One Family Dwelling District. The Subject Property is legally conforming per the R-1 zoning district's standards. The lot has a width of seventy-five (75) feet, which is the minimum lot width requirement, per the R-1 zoning district. The lot has an area of approximately twenty-four thousand, eight hundred square feet, which exceeds the R-1 zoning district’s minimum area requirement of ten thousand (10,000) square feet.
Concurrently with this proposal, the Petitioners are requesting approval of a Plat of Dedication, which will include dedication of public right-of-way to match the property to the west, as well as the dedication of a fifteen (15) foot wide City Easement along the Schomer Road frontage.
DISCUSSION:
Staff has reviewed the Annexation 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.
POLICIES AND GUIDELINES:
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.
12.1 (3): To encourage residential development in close proximity to places of work,
shopping, and recreation.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the ordinance annexing property, being vacant land, located at 955 Schomer Road to the City of Aurora, Illinois, 60505.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plat of Annexation
Exhibit "C" Affidavit and Annexation Notification List
Land Use Petition with Supporting Documents
Property Parcel Maps
Legistar Number: 23-0037
cc: Building, Zoning, and Economic Development Committee:
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 ________________
title
An Ordinance Annexing Property, Being Vacant Land, Located at 955 Schomer Road to the City of Aurora, Illinois, 60505.
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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, Gutierrez, Alfredo & Maribel, is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated January 12, 2023, 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 Chapter 49 of the Code of Ordinances, City of Aurora, being the 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 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 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”.