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TO: Mayor John Laesch
FROM: Jill N. Morgan, Senior Planner
DATE: June 5, 2025
SUBJECT:
An Ordinance Vacating a City Easement on the Property located at the southwest corner of Independence Drive and Constitution Drive, in Kane County, Aurora, Illinois 60506 (CR Aurora Land, LLC - 25-0477 / NA18/3-25.112 - Vac/E - JM - Ward 5)
PURPOSE:
The Petitioner, CR Aurora Land, LLC, is requesting the Vacation of a City Easement for the property at the southwest corner of Independence Drive and Constitution Drive which includes vacating easements no longer needed to allow for the development of the two lots with 108 rental townhomes.
BACKGROUND:
In 2022, the property was rezoned from multiple zoning districts to R-4A(C) Two-Family Dwelling District with a Conditional Use, which is part of the Mews Conditional Use Planned Development. At that time, a Preliminary Plan and Plat was approved for 102 units rental townhomes known as the Mews. The current Final Plan and Plat for Heyday Aurora is being proposed by a different developer, but the Final Plan and Plat is primarily consistent with the approved Preliminary Plan and Plat with only some minor differences. One key difference is the Mews was for a mixture of rear-loaded and traditional front-loaded units with driveways coming off of Independence Drive while Heyday Aurora are all rear-loaded products, reducing the amount of curb cuts on Independence Drive. These homes sit slightly closer to the property line at Independence Drive with some being at 22.5 feet instead of 25 feet but there is more green space with the elimination of the driveways. Another difference is the Mews rear-loaded homes did not have driveways and contained 112 surface parking spaces while most of the units for Heyday Aurora have two-car driveways with only 14 surface parking spaces. The front and side separation between the buildings have been slightly reduced on some buildings but still adhere to the variation permitted by the Plan Description.
The Petitioner is requesting the Vacation of City Easements that interfere with the layout of this project.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plat for Heydey Aurora Subdivision. The details of the request include a two-lot subdivision along with granting of City Easements.
In addition, the Petitioner is requesting approval of a Final Plan for Lots 1-2 of Heydey Aurora Subdivision for a ROW Dwelling (Party Wall) (1130) Use. The details of the request include the development of 21 buildings containing 108 units on 8 acres. There northern parcel contains one curb cut entrance that leads to the private drive aisle behind the four buildings containing 19 units. There is one other curb cut off Independence Drive near Constitution Drive. The site features 5 entrances off Nelson Lane. The internal drive aisles behind the buildings are all private drives. Internal private sidewalks circulate throughout the development, including a walkway around the western property line, providing views of the lake. The stormwater detention for the site has been provided by the existing lake. The Landscape Plan provides street trees along Independence Drive, Constitution Drive and Nelson Lane. Another row of trees are located in the front yards providing additional buffering to the adjacent developments. Evergreen trees are scattered throughout for year-round foliage. Two landscape beds are provided at both corners of Constitution Drive and will contain monument signs. The Elevations depict a side gabled building featuring projecting front gabled bays. The buildings use a mixture of horizontal siding and vertical board and batten siding with masonry water table along the bottoms of many homes. Bronze and tan inset panels are used to create additional variation to the facades.
Lastly, the Petitioner is requesting approval of an Encroachment, Easement, and Maintenance Agreement between the City of Aurora and CR Aurora Land, LLC on a portion of the property located on Independence Drive and west of Constitution Drive. This request is regarding the small piece of property between the two Heyday Aurora parcels that is owned by the City of Aurora. The property is part of the larger detention pond located along Orchard Road. This Agreement allows the Petitioner to construct and maintain parking and a drive aisle on the City’s property, allowing for the connection of the two parcels being developed by Heyday. Heyday would construct and maintain the parking, drive, aisle, and the yard located between Independence Drive and the parking.
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.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
12.1(9) To guide development and redevelopment into energy efficient land use patterns;
11.1(3) To encourage new development contiguous to existing development;
12.1(6) To promote the buffering of low density residential areas from high intensity uses with higher density residential when appropriate;
21.1(2) To promote a wide variety of housing type; and
31.1(8) To (promote/encourage) higher density residential uses in and around developing regional, community and neighborhood commercial centers so as to enhance their vitality and to conserve energy.
RECOMMENDATIONS:
Staff recommends APPROVAL of the An Ordinance Vacating a City Easement on the Property located at the southwest corner of Independence Drive and Constitution Drive, in Kane County, Aurora, Illinois 60506.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Exhibit “B” Plat of Vacation
Legistar Number: 25-0490
cc: Alderman Michael B. Saville, Chairperson
Alderman Alderwoman 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 the southwest corner of Independence Drive and 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.
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 Ordinance and the Plat of Vacation attached hereto as Exhibit “B”, to be placed on record forthwith with the applicable County Recorder of Deeds.