Aurora, Illinois

File #: 19-0277    Version: Name: Arbor West Apartments / Cunat, Inc. / 1240 Nantucket Road / Plat of Vacation
Type: Ordinance Status: Passed
File created: 4/3/2019 In control: City Council
On agenda: 5/28/2019 Final action: 5/28/2019
Title: An Ordinance Vacating a Portion of Dedicated Public Right of Way for Nantucket Road, Huntington Drive, and Coventry Place, for the property located at 1240 Nantucket Road, in Kane County, Aurora, Illinois, 60506 (Arbor West, LLC - 19-0277 / AU09/3-18.153-Fsd/R/V - SB - Ward 6)
Attachments: 1. Exhibit "A" Plat of Vacation - 2019-04-02 - 2018.153.pdf, 2. Plat of Survey - 2019-04-02 - 2018.153.pdf, 3. Property Research Sheet - 2018-08-27 - 2018.153.pdf, 4. Land Use Petition and Supporting Documents - 2019-04-02 - 2018.153.pdf, 5. Legistar History Report (Plat of Vacation) - 2019-05-01 - 2018.153.pdf

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TO:                     Mayor Richard C. Irvin

 

FROM:                     Steve Broadwell, Planner

 

DATE:                     May 10, 2019

 

SUBJECT:

An Ordinance Vacating Dedicated Public Right of Way for Nantucket Road, Huntington Drive, and Coventry Place, for the property located at 1240 Nantucket Road, in Kane County, Aurora, Illinois, 60506 (Arbor West, LLC - 19-0276 / AU09/3-18.153-Fsd/R/V - SB - Ward 6)  

 

PURPOSE:

The Petitioner, Arbor West, LLC, is requesting approval of a Plat of Vacation for public right-of-way for Nantucket Road, Huntington Drive, and Coventry Place, for the Arbor West apartment complex.  

 

BACKGROUND:

The Subject Property is currently zoned R-5A, Midrise Multiple-Family Dwelling District.  Currently, this apartment complex maintains 258 units in the complex’s fourteen (14) residential buildings, an office building, and a utility building, as well as approximately 302 off-street parking spaces, and on-street parking along Nantucket Road, Huntington Drive, and Coventry Place.  The subject property is approximately 10.4 acres.  Additional information on the legislative history of the property can be found in the attached Property Research Sheet.

 

The Petitioner is requesting approval of a Plat of Vacation for the public right-of-way.  Vacating the public right-of-way will resolve existing issues with traffic safety by removing Coventry Place’s connection to Nantucket Road near West Indian Trail, and resolving issues with existing buildings that are currently located within the public right-of-way.

 

Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat Revision to consolidate Lots 25 through Lot 120 of the Heritage Green subdivision.  The subject property will become a single lot, and at the request of the City’s Engineering Department, will include a new Blanket City Easement over the entire subject property with the exception of the existing and proposed building pads.  The Petitioner has also begun extensive improvements to the residential buildings, construction of a new community center and a new laundry center in the two non-residential buildings on Nantucket Road and Coventry Place.  The Petitioner will also be making improvements to the existing off-street parking, and adding 132 perpendicular parking along Nantucket Road, Huntington Drive, and Coventry Place. 

 

DISCUSSION:

Staff has reviewed the Plat of Vacation petition and have sent comments back to the Petitioner based 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:

 

22.1 (5):                     To recognize the unique characteristics of individual neighborhoods and

                                          promote their positive attributes.

23.1 (1):                     To enforce and continually evaluate ordinances that bear on the quality of

                                          Housing in the City.

23.1 (3):                     To encourage quality design and practicable innovations in both housing

                                          structures and site development.  

 

RECOMMENDATIONS:

Staff would recommend approval of the ordinance vacating dedicated public right-of-way for Nantucket Road, Huntington Drive, and Coventry Place for the property located at 1240 Nantucket Road. 

 

ATTACHMENTS:

Property Research Sheet

Finding of Facts

Planning Council Report

Land Use Petition

Other file items

 

 

cc:                     Planning and Development Committee:

                     Alderman Michael B. Saville, Chairman

                     Alderman Sherman Jenkins, Member

                     Alderman Carl Franco, Member

                     Alderman William "Bill" Donnell, Member

 

CITY OF AURORA, ILLINOIS

 

ORDINANCE NO. _________

DATE OF PASSAGE ________________

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An Ordinance Vacating a Portion of Dedicated Public Right of Way for Nantucket Road, Huntington Drive, and Coventry Place, for the property located at 1240 Nantucket Road, in Kane County, Aurora, Illinois, 60506 (Arbor West, LLC - 19-0277 / AU09/3-18.153-Fsd/R/V - SB - Ward 6)

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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 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

 

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 heretofore dedicated upon the territory shown on Exhibit “A” attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit “A-1” shall be, and is, hereby vacated.

 

Section Three: That this Ordinance and the vacating of said public right-of-way, 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 Ordinance, the legal description and Plat of Vacation designated as said Exhibit “A-1” 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.