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TO: Mayor Thomas J. Weisner
FROM: Edward T. Sieben, Zoning Administrator
DATE: December 10, 2015
SUBJECT:
An Ordinance Vacating a Portion of Dedicated Public Right of Way for Dancer Drive, in Kane County, Aurora Illinois (Missner Realty - L15-01051 / SG12/2-15.279-V/ROW - ES - Ward 5)
PURPOSE:
The Petitioner, Missner Realty, is requesting approval of a Plat of Vacation of public Right of Way for Dancer Drive and the adjacent public utility easements, along the properties known as Lots 11-14 of Podolsky Orchard 88 Subdivision Phase 2. The details of the proposal include vacating the entire approximately 600 feet of Dancer Drive in it's entirety, along with an adjacent 10 foot City easement and a sign and pond access easement.
BACKGROUND:
The subject property is zoned ORI-Office, Research & Light Industrial. It is an 11 lot business park (9 developable) located at the southwest corner of I-88 and Deerpath Road, near the Orchard Road interchange. The property was annexed and zoned in 2001, and finally built as part of a Final Plat in 2005. A health club/medical facility was constructed in 2005 and a hotel was constructed in 2006 within the business park.
DISCUSSION:
Missner Realty is requesting the vacation of Dancer Drive to facilitate the possible construction of a 177,000 sf. speculative warehouse/industrial building. They would propose shifting Dancer Drive to the south edge of Lots 13 & 14 to create one large approximately 10 acre lot in lieu of the four approximate 2.5 acre lots that exist. Staff went back and reviewed previous Qualifying Statements, Planning Council minutes, and staff reports for background on the intent for development of this park.
2001 Qualifying Statement: "The 33 acre Orchard 88 Business Park contemplates a site plan that allows the ultimate in design flexibility for the industrial and office users within the Business Park. Parcels will be a minimum of 1.5 acres offering a unique development opportunity for small and middle-sized facilities for companies of all sizes on landscaped parkways within a park-like environment ".
Lot sizes range from 1.5 to about 4 acres (the Health Club lot) in size. The warehouse proposal would be on about a 10 acre lot created by the vacation of Dancer Drive, inconsistent with the overall development objectives. The City even approved a lot size variance in 2001 to go down to lot sizes of 1.5 acres to allow for smaller facilities.
In 2005, the business park was Final Platted after review by Staff and approval by City Council which set Dancer Drive in it's current location and created lots of about 2.5 acres on either side of it (the lots in question) to facilitate the objectives of the business park stated above. Said current stub location of Dancer Drive into the undeveloped land to the west is at its most ideal spot due to the location of floodplain areas on that land per Engineering staff.
In 2005, during discussion for the Final Plan approval of the Health Club, the developer indicated, "the design is all precast and we've put in extra columns to take away from the warehouse look. The reason is that the next facility (the never built Provena Medical/Office Building to the north) will have the same column feature. Simulated windows are designed for the examining rooms. The rear of the building has a massive window plat".
Correspondence from Bill Wiet on August 17, 2015 stressed that the intent of the business park was to provide a more diverse development mix such as what is currently on site. This trend can also be seen at the southeast corner of the I-88/Orchard Road interchange with several new and existing office developments. These include Advocate Dreyer Office building, Advocate Dreyer Medical Center, Rasmussen College, Farmers Insurance, Aurora University, and Painters Union buildings.
Aurora development has included many large warehouse/distribution facilities along I-88, but is protective of the few remaining sites left that would allow for alternate type developments like those listed above.
POLICIES AND GUIDELINES :
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
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.
40.1(7) To encourage improvements in existing industrial areas that minimize industrial blight and reduce incompatibilities with neighboring land uses.
RECOMMENDATIONS:
Staff would recommend DENIAL of an Ordinance Vacating a Portion of Dedicated Public Right of Way for Dancer Drive, in Kane County, Aurora, Illinois. Staff would also not support the vacation of the adjacent City Easements including the two access easements shown.
ATTACHMENTS:
Property Research Sheet
Finding of Facts
Planning Council Report
Land Use Petition
Other file items
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
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 Dancer Drive, in Kane County, Aurora Illinois
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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; and
WHEREAS, the territory shown on Exhibit "A", was heretofore granted and dedicated to the City of Aurora for the for purposes of public right of way; and
WHEREAS, the City Council of the City of Aurora has held a public hearing upon the proposed public right of way vacation and determined that the public interest will be served by a partial vacation of said public right of way as it is shown on said Exhibit "A" will have no adverse effect; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois,
Section One: That the City Council finds as facts all of the recitals in the preamble of this Ordinance.
Section Two: That part of the easement heretofore reserved and granted to the City of Aurora and shown on Exhibit "A" attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit "A" shall be, and is, hereby vacated.
Section Three: That the City Clerk be and is hereby authorized and directed to cause this Ordinance and the Plat of Vacation hereby designated as Exhibit "A", to be placed on record forthwith with the applicable County Recorder of Deeds.
Section Four: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Five: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Six: 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.