cover
TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: April 21, 2023
SUBJECT:
An Ordinance Annexing Property located at 1299 Mitchell Road to the City of Aurora, Illinois 60505 (W.E. Mundy Landscaping and Garden Center, Inc. - 23-0248 / AU10/4-23.139-A/CUPD/RZ - TV - Ward 1)
PURPOSE:
The Petitioner, W.E. Mundy Landscaping and Garden Center, Inc., is requesting the Annexation of 3.54 acres located at 1299 Mitchell Road pursuant to a Water Service Agreement.
BACKGROUND:
The Subject Property is 3.54 acres and currently zoned F-2 Farming District in unincorporated Kane County. The City's Comprehensive Plan designates this parcel as mixture of Commercial and Low Density Residential. The majority of the area is non-residential uses. This property is contiguous to the City of Aurora along a portion of the property to the west and to the east.
The Petitioner is requesting annexation to the City of Aurora pursuant to a Water Service Agreement. The property was recently developed in the Kane County for a landscape company with outside storage including a nursery use and is receiving water from the City. Per the annexation process, the property is annexed into the City with R-1 One Family Dwelling District Zoning.
Concurrently with this proposal, the Petitioner is requesting the Establishment of a Conditional Use Planned Development, and to change the underlying zoning district from R-1 One-Family Dwelling District zoning to B-3 Business and Wholesale District. The plan description allows for the continued use of the property as a landscape company with outside storage including a nursery use.
The Petitioner is also requesting the approval of a Plat of Dedication. This Plat will dedicate 40 feet of right of way from the centerline of Mitchell Road.
DISCUSSION:
Staff has reviewed the Annexation Ordinance 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(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1(3) To encourage new development contiguous to existing development.
RECOMMENDATIONS:
Staff recommends APPROVAL of the Ordinance Annexing Property located at 1299 Mitchell Road 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
Plat of Survey
EcoCat Report
Land Use Opinion Report
Maps
Legistar Number: 23-0248
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 ________________
title
An Ordinance Annexing Property located at 1299 Mitchell Road to the City of Aurora, Illinois 60505
body
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, W.E. Mundy Landscaping and Garden Center, Inc, 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 Water Service and Annexation Agreement petition dated April 11, 2022, and recorded with County on April 13, 2023, by Recording Number 2023K011490, the above-mentioned 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 Chapter 49 of the Code of Ordinances, City of Aurora, being the 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 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 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”.