Aurora, Illinois

File #: 18-0092    Version: Name: Eric O'Regan / Annexation / 1209 Howell Place
Type: Ordinance Status: Passed
File created: 2/5/2018 In control: City Council
On agenda: 3/27/2018 Final action: 3/27/2018
Title: An Ordinance Annexing Property located at 1209 Howell Place to the City of Aurora, Illinois, 60505
Attachments: 1. Exhibit "A" Legal Description - 2017.243.pdf, 2. Exhibit "B" Plat of Annexation - 2018-02-02 - 2017.243.PDF, 3. Property Research Sheet - ID #65178 - 2017-08-07 - 2017.243.pdf, 4. Land Use Petition and Supporting Documents - 2018-02-02 - 2017.243.pdf, 5. Plat of Survey - 2018-02-02 - 2017.243.pdf, 6. Legistar History Report - 2018-02-20 - 2017.243.pdf

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TO:                     Mayor Richard C. Irvin

 

FROM:                     Tracey M. Vacek, Senior Planner

 

DATE:                     February 20, 2018

 

SUBJECT:

An Ordinance Annexing Property located at 1209 Howell Place to the City of Aurora, Illinois  60505 (Eric O'Regan - 18-0092 / AU35/1-17.243-A - TV - Ward 3)  

 

PURPOSE:

The Petitioner, Eric O'Regan, is requesting the Annexation of 0.14 acres located at 1209 Howell Place with R-1 One Family Dwelling District zoning  

 

BACKGROUND:

The Subject Property is currently single family dwelling within unincorporated, Kane County.  Additional information on the legislative history of the property can be found in the attached Property Information Sheet. 

 

The Petitioner is requesting the Annexation of 0.14 acres located at 1209 Howell Place.  The details of the request include annexing the property into the City of Aurora with R-1 One Family Dwelling District zoning so that the existing single family dwelling can connect onto city water. 

 

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:

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.  

 

RECOMMENDATIONS:

Staff would recommend APPROVAL of the Ordinance Annexing Property located at 1209 Howell Place 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 Research Sheet

Legistar History Report

 

Legistar Number: 17-0092

 

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 ________________

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An Ordinance Annexing Property located at 1209 Howell Place 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, Eric O'Regan, 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 February 2, 2018, 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 Ordinance Number 3100, being the Aurora 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 District Notice Mailing Affidavit and Annexation Notification List attached hereto as Exhibit “C”, being the County and City Election Commissions, County Auditor, Township Board, Township Highway Commissioner, any Fire Protection District and any Public Library District in which the real property legally described on said Exhibit “A” 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 Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, pursuant to Section 3.2-8 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”.