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TO: Mayor Richard C. Irvin
FROM: Steve Broadwell, Planner
DATE: October 25, 2021
SUBJECT:
An Ordinance Annexing Contiguous, Uninhabited, and Unincorporated Real Property Owned by the City of Aurora located at the Southwest Corner of Liberty Street and County Line Road in Kane County (City of Aurora - 20-0879 / AU24/2-20.224-A/Rz - SB - Ward 7)
PURPOSE:
To annex real property owned by the City of Aurora located in Unincorporated Kane County, located at the southwest corner of Liberty Street and County Line Road, which includes approximately 24.5 acres of vacant land.
BACKGROUND:
The subject property consists of approximately 24.5 acres of vacant land that is currently located in Unincorporated Kane County. The Aurora Comprehensive Plan designates a majority of the subject property as Industrial, with a portion of the property that fronts on East New York Street designated as Office / Research / Light Industrial. The subject property has two frontages: the northern frontage is on Liberty Street while the southern frontage is on East New York Street. Additional information on the legislative history of the subject property can be found in the attached Property Research Sheet.
The proposed annexation consists of approximately 24.5 acres of vacant land, which is located at the southwest corner of Liberty Street and county Line Road, in Unincorporated Kane County. As is standard in the Annexation process, the subject property will be automatically incorporated to the R-1, One Family Dwelling District. The concurrent Rezoning process is required to formally change the annexed property's zoning from the R-1 zoning district to the M-1 zoning district.
Upon annexation, the Subject Property will be rezoned from the R-1, One Family Dwelling district zoning, which is assigned during the concurrent Annexation process, to the M-1, Manufacturing District - Limited zoning district. Details of the request include rezoning the subject property as a means to allow for future development for the City of Aurora's Public Works Facility, which will include a building with space for office, and enclosed vehicle storage and maintenance of vehicles utilized by the Public Works Department. The subject property will also host outdoor storage and a fueling station for Public Works vehicles, all of which will be developed in compliance with the applicable M-1 zoning district standards for use and screening standards, per the Zoning Ordinance.
DISCUSSION:
Staff has reviewed the petition and have prepared revisions based on the submittal. The requested revisions have been made and the required documents now meet the applicable codes and ordinances.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
14.1 (1): To foster future growth in the City that does not contribute to deterioration
in either existing developments of a reduction in the City’s ability to
provide adequate services.
41.1 (2): To promote a balanced distribution of industries within the City.
41.1 (7): To encourage improvements in existing industrial areas that minimize
industrial blight and reduce incompatibilities with neighboring land uses.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the ordinance annexing unincorporated vacant land owned by the City, located at the southwest corner of Liberty Street and County Line Road to the City of Aurora.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plat of Annexation
Exhibit "C" Annexation District Notice Letter
Land Use Petition and Supporting Documents
Property Research Sheet
cc:
Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Annexing Contiguous, Uninhabited, and Unincorporated Real Property Owned by the City of Aurora located at the Southwest Corner of Liberty Street and County Line Road in Kane County.
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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, Sec. 7-1-9 of the Illinois Municipal Code provides that whenever any contiguous, uninhabited, unincorporated territory is owned by any municipality, that territory may be annexed by that municipality by the passage of an ordinance to that effect, describing the territory to be annexed;
WHEREAS, the City of Aurora is the owner of record of the real estate legally described on Exhibit “A”, ("Subject Property") attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, the Subject Property is contiguous to the City, is uninhabited, and is within the unincorporated area of Kane County; and
WHEREAS, the City, as owner of record of the real estate legally described on said Exhibit “A”, desires that the property be zoned pursuant to the provisions of Chapter 49 of the Code of Ordinances, City of Aurora; and
WHEREAS, due statutory notice has been given to those entities listed in the affidavit and Annexation Notification List attached hereto as Exhibit “C”, including the County Clerk (as election authority) the supervisor, clerk and all respective members of township board and the highway commissioner in any affected township, and the trustees of any fire protection district in which the Subject Property 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 Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, pursuant to Section 103.2-8 of said Ordinance.
Section Nine: That the City Clerk of the City of Aurora is hereby authorized and directed to file with the Kane County Clerk (as election authority) and the Kane County Recorder 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”.