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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: May 16, 2018
SUBJECT:
An Ordinance Vacating a Portion of Dedicated Public Right of Way for Dancer Drive and the adjacent City Easements, in Kane County, Aurora Illinois (The Missner Group - 18-0217 / SG12/2-18.048-VAC/ Fsd/R/SUPD/Fpn - TV - Ward 5)
PURPOSE:
The Petitioner, The Missner Group, is requesting approval of a Plat of Vacation of right of way for Dancer Drive and the adjacent city easements, along the properties known as Lots 11-14 of Podolsky Orchard 88 Subdivision Phase 2.
BACKGROUND:
The Subject Properties are currently vacant with ORI Office, Research, and Light Industrial 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 a Plat of Vacation. The details of the request include vacating the right of way for Dancer Drive and the adjacent city easements to allow for the consolidation of Lots 11-14 of Podolsky Orchard 88 Phase 2 Subdivision.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat Revision. The details of the request include consolidating Lots 11-14 of Podolsky Orchard 88 Phase 2 Subdivision. In order to consolidate the 4 lots, the Petitioner is proposing to relocate Dancer Drive, at 100% their cost, approximately 300 feet to the south edge of Lots 13 and 14, to establish Lot 1 of the Podolsky Orchard 88 Phase 2 Resubdivision which is approximately 9.6 acres.
The Petitioner is requesting the establishment of a Special Use Planned Development on the Subject Property. The details of the Special Use Planned Development include modifications to the standard ORI Office, Research, Light Industry zoning regulation allowing Food, textile and related products as an additional permitted use. It also establishes a 10 foot parking setback along Melissa Lane reduce the requirement by 20 feet and outlines roadway improvement responsibilities.
The Petitioner is also requesting approval of a Final Plan for Lot 1 of Podolsky Orchard 88 Phase 2 Resubdivision. The details of the request include a 172,654, up to a 3-tentant speculative office and industrial building with 22 docks on the west side of the building and an associated 174 automobile parking spaces and 12 trailer parking space lot. As part of the project, the Petitioner has agreed to construct off-site roadway improvements to realign Sullivan Road at the intersection at Sullivan Road and Deerpath Road.
The Final Plan proposal also includes a full Landscape Plan to be implemented throughout the lot. Stormwater detention for this lot has already been provided as part of the overall subdivision. The building elevation consists of precast concrete panels. The petitioner has added additional architectural elements along the eastern and northern elevations to help minimize the big box look along Melissa Lane and I-88. These elements consist of five, two story glass entrances along with oversized windows spanning the top of the two elevations. A faux entry feature is located along the western corner of the north elevation even though there is not an office at this location.
Lastly, the Petitioner is requesting approval of a Roadway Agreement for the construction of the realignment of Sullivan Road at the intersection at Sullivan Road and Deerpath Road.
DISCUSSION:
Staff has reviewed the Vacation - Right of Way 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:
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.
RECOMMENDATIONS:
Staff would recommend CONDITIONAL APPROVAL of the Ordinance Vacating a Portion of Dedicated Public Right of Way for Dancer Drive and the adjacent City Easements, in Kane County, Aurora Illinois with the following condition:
1. That the Plat of Vacation be recorded concurrently with the Final Plat.
ATTACHMENTS:
Exhibit "A" Plat of Vacation
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 18-0217
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 ________________
title
An Ordinance Vacating a Portion of Dedicated Public Right of Way for Dancer Drive and the adjacent City Easements, in Kane County, Aurora Illinois
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, the territory shown on 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 granted and dedicated to the City of Aurora for the purposes of a public right-of-way; and
WHEREAS, the City Council of the City of Aurora has determined that the public interest will be served by a vacation of said public right-of-way as it is shown on said Exhibit “A”; 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; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That said City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this ordinance.
Section Two: That part of the public right-of-way and easements heretofore dedicated upon the territory shown on Exhibit “A” shall be, and is, hereby vacated with the following condition:
1. That the Plat of Vacation be recorded concurrently with the Final Plat.
Section Three: That this Ordinance and the vacating of said public right-of-way and easements, shall become effective upon the passage, signage and publication hereof.
Section Four: That the City Clerk be and is hereby authorized and directed to cause this the Plat of Vacation designated as said Exhibit “A” to be places on record forthwith with the applicable County Recorder of Deeds.
Section Five: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Six: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Seven: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions, which shall remain in full force and effect thereafter.