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TO: Mayor Robert J. O’Connor
FROM: Planning Commission
DATE: November 10, 2016
SUBJECT:
An Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for B-2(S) General Retail, R-1(S) One Family Dwelling and OS-1(S) Conservation, Open Space, and Drainage zoning for the territory which may be Annexed to the City of Aurora located at 759 Austin Avenue being north of Mountain Street, between Austin Avenue and Farnsworth Avenue in Kane County, Aurora Illinois 60505 (Griselda Escalante and Salvador Carrasco - 16-01016 / AU14/4-16.170-AA/A/SU - TV - Ward 1)
PURPOSE:
The Petitioner Griselda Escalante and Salvador Carrasco is Requesting approval of an Annexation Agreement for 3.203 acres located at 759 Austin Avenue for Escalante and Carrasco Development
BACKGROUND:
The Subject Property is located at 759 Austin Avenue being north of Mountain Street, between Austin Avenue and Farnsworth Avenue and is currently a single family residences. The property is currently within unincorporated, Kane County with F Farming District zoning and has an Interim Special Use for a landscape business. Additional information on the property can be found in the attached Property Information Sheet.
The details of the Annexation Agreement include provisions to annex and establish a Special Use Planned Development with B-2(S) General Retail, R-1(S) One Family Dwelling and OS-1(S) Conservation, Open Space, and Drainage underlying zoning on the Subject Property; the dedication of Farnsworth Avenue right of way; and provisions that the City will apply to FEMA for Letter of Map Revision for the Indian Creek floodplain from Austin Avenue to approximately 1,400 feet upstream of Farnsworth Avenue after the Farnsworth Avenue construction from Mountain Street to Sheffer Road is completed.
Concurrently with this proposal, the Petitioner is requesting approval of the Annexation, the Establishment of a Special Use Planned Development, and a Plat of Dedication for Farnsworth Avenue right of way.
The details of the Annexation include annexing 3.203 acres to the City of Aurora pursuant to an Annexation Agreement.
The details of the Special Use Planned Development include modifications to the standard zoning regulations which allow for one landscape business with outside storage within the R-1 One Family Dwelling zoning until such time as the property is Final Platted for single family lots, and prohibits and adds certain uses within the B-2 zoning district. It also establishes setbacks for the landscape business and reduces the lot width for single family to 70 feet.
The Subject Property will be continue to be used as a landscape business under Parcel A of the Plan Description with R-1(S) One Family Dwelling District zoning, until such time that the property is Final Platted to create the residential, open space, and commercial lots.
The details of the Plat of Dedication include right of way dedication for Farnsworth Avenue of 7 feet with a 13 feet of temporary construction easement for the northern 170.36 feet of the Subject Property frontage and right of way dedication of 40 feet for the southern 199.96 feet of the Subject Property frontage.
DISCUSSION:
Staff has reviewed the Annexation Agreement 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:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land-use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center
11.1(3) To encourage new development contiguous to existing development
11.1(5) To guide and promote development to areas where public utilities, public roads, and municipal services are either available or planned.
RECOMMENDATIONS:
The Planning Commission recommends APPROVAL of the Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for B-2(S) General Retail, R-1(S) One Family Dwelling and OS-1(S) Conservation, Open Space, and Drainage zoning for the territory which may be Annexed to the City of Aurora located at 759 Austin Avenue being north of Mountain Street, between Austin Avenue and Farnsworth Avenue in Kane County, Aurora Illinois 60505
ATTACHMENTS:
Exhibit "A" Annexation Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 16-01016
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 Approving an Annexation Agreement with the Owners of Record of the property located at 759 Austin Avenue, north of Mountain Street between Austin Avenue and Farnsworth Avenue in Kane County, Illinois (PUBLIC HEARING AT CITY COUNCIL FOR NOVEMBER 22, 2016)
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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, a proposed Annexation Agreement in the form of Exhibit “A”, attached hereto and incorporated by reference as if fully set forth herein, has been duly submitted to the Corporate Authorities of the City of Aurora with the request that all required hearings be held thereon, requesting annexation to the City of Aurora of a certain territory therein described, subject to the terms and conditions of said Annexation Agreement, pursuant to Section 11-15.1-1 et seq. of the Illinois Municipal Code (65 ILCS (1994) 5/11-15.1-1); and
WHEREAS, a notice was prepared describing in general the terms and conditions of the proposed Annexation Agreement and stating the time and place of a public hearing to consider the proposed Annexation Agreement; and
WHEREAS, such notice of the public hearing was duly published not less than 15 nor more than 30 days prior to said public hearing, in a newspaper of general circulation in the City of Aurora; and
WHEREAS, on March 31, 2016, the Aurora Planning Commission, held the public hearing on the petition to enter into said Annexation Agreement, and has voted a recommendation of APPROVAL for said Annexation Agreement to the City Council of the City of Aurora; and
WHEREAS, on November 9, 2016, the Planning and Development Committee of the Aurora City Council reviewed said Annexation Agreement and Planning Commission recommendation and has recommended APPROVAL of said Annexation Agreement; and
WHEREAS, all public hearings and other action required to be held or taken prior to the adoption and execution of said Annexation Agreement in order to make the same effective have been held or taken pursuant to notice as required by law and in accordance with all requirements of law; and
WHEREAS, on November 22, 2016, the City Council also held a public hearing upon the proposed Annexation Agreement as specified in such notice; and
WHEREAS, Exhibit “A” has been on file with the City Clerk of the City of Aurora for public inspection for at least one week; and
WHEREAS, the Corporate Authorities, after due investigation and consideration, and following the aforesaid public hearings, have determined that entering into the Annexation Agreement in the form of Exhibit “A” will serve the public good and benefit the City of Aurora.
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 and of the Annexation Agreement.
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 Annexation Agreement, as shown in Exhibit “A” attached hereto and incorporated as if fully set forth herein, is hereby approved and the Mayor and City Clerk are hereby authorized to execute same.
Section Six: That such number of duplicate originals of said Annexation Agreement may be executed as the Mayor shall determine.