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TO: Mayor John Laesch
FROM: Jill N. Morgan, Senior Planner
DATE: June 18, 2026
SUBJECT:
An Ordinance Vacating a City Easement on the Property located at 55 S. Constitution Drive, in Kane County, Aurora, Illinois 60506 (Lindsay Windows - 26-0391 / AU19/1-26-139 - Vac/DED/E - JM - Ward 5)
PURPOSE:
The Petitioner, Lindsay Windows, is requesting the Vacation of a City Easement for the property located at 55 S Constitution Drive which includes vacating easements no longer needed due to moving utilities in order to accommodate a larger addition than originally planned.
BACKGROUND:
The Subject Property is zoned B-2(C), Business District - General Retail with a Conditional Use Planned Development. City Council approved Ordinance O20-048 a Conditional Use Planned Development Revision for the property on August 11, 2020. The Plan Description permitted Lot 1 to be utilized as a Processing, finishing and assembly facilities use to allow Lindsay Windows to relocate their operation to this location in Aurora. The Resolution R20-157 approving the Final Plan for the lot showed the existing building along with a small 26,000 addition to the front of the building and a fenced storage area on the north side of the building. Loading docks were shown on the back of the building and on the south side of the building abutting the church property. An approximate 10,000 future retail building was also approved with that Final Plan. In 2023, the City approved resolution PDFNL23-014, a Final Plat subdividing the existing one lot into two lots. Lot 1, which is approximately 8.5 acres, contains the existing building and parking lot, as well as the planned future additions. Lot 2, which is approximately 1 acre, contains the future commercial building.
The Petitioner is now requesting approval to vacate City Easements that are no longer needed due to moving the utilities to other locations on the site in order to accommodate a larger addition than was shown on the Final Plan approved in 2020.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat Revision for Lindsay Window & Door Subdivision. The details of the request include a revision to the previously approved Final Plan to allow for a larger addition and a larger new retail outlot. The Plan shows an approximate 65,950 square foot footprint addition with additional square footage of storage in a mezzanine. The addition is along the majority of the front of the existing building and then wraps along the entire northern side of the existing building. The retail building is in the same location but is slightly bigger at 12,300 square feet. The parking lot layout is being revised from the previous Final Plan to accommodate the larger addition. The site will continue to utilize the current entrance into the site off on Constitution Drive and the entrance to an internal drive aisle located on this property.
The Landscape Plan shows the current 10’ tall berm and trees to the south abutting the church property that was approved with the original Final Plan. The northern property along the new addition will feature a row of evergreen and canopy trees and shrub beds to provide a buffer to the new addition. The parking lot will feature curbed landscape beds for the parking areas that will remain when the retail building is built.
The original Elevations/Renderings submitted show a metal building utilizing different metals and other architectural elements to provide visual contrast. The entrance features a blue horizontal metal siding. The rest of the walls are beige panels broken by sections of green walls (wall covered by vegetation) and punctured by vertical windows between the green walls. The updated Elevation that was submitted prior to Planning and Zoning Commission does not show the green wall or the rectangular pattern on the metal panels and shows a more simplified cornice.
DISCUSSION:
Staff has reviewed the Vacation Ordinance - Easement 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, with the exception of the items reflected in the conditions listed in the Staff Recommendation below.
Lindsay Windows’ business has grown faster than anticipated, which has led to storage issues on the site. The fenced outdoor storage yard shown in the original Final Plan was completed but that did not accommodate all their storage needs. Trailers have been parked throughout the site to store materials. This much larger addition will allow them to move all the materials in the outdoor fenced storage area inside and to move the storage currently in trailers inside the building. This larger addition will address the storage issues while also relocating outdoor storage into a nicer building.
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.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.
31.1 (4): To encourage the development of multiple use commercial, employment,
and service centers.
32.1 (3): To minimize the adverse effects of commercial activity on neighboring development, particularly residential and open space areas through the provision of buffering land use and/or screening.
RECOMMENDATIONS:
Staff recommends CONDITIONAL APPROVAL of the An Ordinance Vacating a City Easement on the Property located at 55 S. Constitution Drive, in Kane County, Aurora, Illinois 60506, with the following conditions:
1.) That the Plat of Vacation be updated to remove all references to dedications of City Easements prior to Plat of Vacation approval as those should be on a separate Plat of Dedication document that can be approved by the City Engineer following the approval of the Final Plan Revision.
2.) That the Plat of Vacation be updated to include full legal descriptions of the vacated areas prior to Plat of Vacation approval.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Exhibit "B" Plat of Vacation
Land Use Petition with Supporting Documents
Legistar Number: 26-0391
cc:
Alderman Michael B. Saville, Chairperson
Alderman Patty Smith, Vice Chairperson
Alderman Javier Bañuelos
Alderwoman Juany Garza
Alderman Will White
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating a City Easement on the Property located at 55 S. Constitution Drive, in Kane County, Aurora, Illinois 60506
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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)
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 part of the easement heretofore reserved and granted to the City of Aurora and shown on Exhibit “B” attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit “B” shall be, and is, hereby vacated.
Section Six: That the City Clerk be and is hereby authorized and directed to cause this Plat of Vacation attached hereto as Exhibit “B”, to be placed on record forthwith with the applicable County Recorder of Deeds.