AGENDA MEMO

CITY COUNCIL

MEETING DATE:  June 21, 2010, 2010

 

 

Issue Statement

 

PZC 2010-08:                         PZC 2010-08:  133 Plainfield Road, Kingswood Academy:  Petitioner seeks approval of a plat of vacation, to vacate a public utility easement.

 

                                                ORDINANCE                              PLAT

Discussion/Overview

 

The Planning and Zoning Commission considered this matter at their meeting on June 16, 2010.  The Commission recommends approval.

 

The Municipal Services Committee will consider this matter at their special meeting on June 21, 2010, prior to the City Council’s June 21, 2010, meeting.

 

The draft ordinance is attached.

 

The complete staff memo follows as “Additional Information.”

 

 

Decision Mode

 

The Planning/Zoning Commission considered this item at its meeting on June 16, 2010.

The Municipal Services Committee will consider this item at its meeting on June 21, 2010.

The City Council will consider this item at its meeting on June 21, 2010.

 


Additional Information

 

 

Issue Statement

 

PZC 2010-08:                         PZC 2010-08:  133 Plainfield Road, Kingswood Academy:  Petitioner seeks approval of a plat of vacation, to vacate a public utility easement.

 

Applicable Regulations:          Subdivision Regulations, Section 5B of the City Code

 

 

General Information

 

Petitioner:                                Scott F. Uhler, attorney

                                                Klein, Thorpe & Jenkins, Ltd.

                                                20 N. Wacker Drive, Suite 1660

                                                Chicago, IL 60606

 

Property Owner:                     Darien Public School District #61

                                                7417 Cass Avenue

                                                Darien, IL 60561

 

Property Location:                  133 Plainfield Road

 

PIN:                                        09-26-104-004; -008

 

Existing Zoning:                     R-2 Single-Family Residence

 

Existing Land Use:                 Private school

 

Surrounding Zoning and Land Use:

 

North:        R-2 Single-Family Residence – single-family detached homes.

South:        R-2 Single-Family Residence – single-family detached homes.

East:          R-2 Single-Family Residence – single-family detached homes.

West:         R-2 Single-Family Residence – single-family detached homes.

 

Comprehensive Plan Update: Low Density Residential

 

Floodplain:                              None. 

 

Natural Features:                     None.

 

Transportation:                        Property has frontage on Plainfield Road, Eleanor Place and Janet Avenue.

 

 

Documents Submitted

 

This report is based on the following information submitted to the Community Development Department by the petitioner:

 

1.         Plat of Vacation, 1 sheet, prepared by Intech Consultants, Inc., dated December 28, 2009.

 

 

Planning Overview/ Discussion

 

The subject property is located on the south side of Plainfield Road, at Eleanor Place.  The property is the former Marion Hills elementary school, now used by the Kingswood Academy, a private school.

 

The property includes several platted and recorded lots.  Consequently, there are several public utility easements platted along lot lines in typical fashion for lots intended for detached, single family homes.  The plat of subdivision was approved in 1946.

 

The present school building straddles several lot lines and a public utility easement.  The petitioner seeks to vacate the portion of the public utility which runs through the building, shown on the plat of vacation.

 

Staff has verified that there are not any City utility structures which run through the easement to be vacated.  Therefore, staff does not object to vacating the easement as shown on the plat of vacation.

 

Vacating an easement or a portion of a plat of subdivision requires consideration by the Planning and Zoning Commission and Municipal Services Committee, and approval by the City Council, the same process for approving a plat of subdivision.  A public hearing is not required.

 

 

 

Staff Findings/Recommendations

 

Staff does not object to vacation the public utility easement as shown on the proposed plat of vacation.  Therefore, staff recommends the Planning and Zoning Commission make the following recommendation:

 

Based upon the submitted petition and the information presented, the request associated with PZC 20010-08 is in conformance with the standards of the Darien City Code and, therefore, I move the Planning and Zoning Commission recommend approval of the petition as presented.

 

 

Planning and Zoning Commission Review – June 16, 2010

 

The Planning and Zoning Commission considered this matter at its meeting on June 16, 2010.  The following members were present: Beverly Meyer – Chairperson, Robert Erickson, Donald Hickok, Ronald Kiefer, Raymond Mielkus, Kenneth Ritzert, Susan Vonder Heide, Michael Griffith – Senior Planner and Elizabeth Lahey – Secretary.

 

Members absent:  Gloria Jiskra, John Lind.

 

Michael Griffith, Senior Planner, reviewed the staff memo.

 

It was noted that the building was built under the County, prior to the existence of Darien.

 

Chairperson Meyer noted that the utilities have already signed off on the easement vacation, as noted on the copy of the plat provided.

 

There was not anyone from the public to comment.

 

Without further discussion, Commissioner Kiefer made the following motion, seconded by Commissioner Ritzert:

 

Based upon the submitted petition and the information presented, the request associated with PZC 20010-08 is in conformance with the standards of the Darien City Code and, therefore, I move the Planning and Zoning Commission recommend approval of the petition as presented.

 

            Upon a roll call vote, THE MOTION CARRIED by a vote of 7-0.

            (Commissioners Jiskra and Lind were absent.)

 

 

Municipal Services Committee – June 21, 2010

 

A full sized copy of the plat of vacation will be available at the meeting.  The portion of the plat showing the easement to be vacated is attached to this memo.

 

Based on the Planning and Zoning Commission’s recommendation, staff recommends the Committee make the following recommendation:

 

Based upon the submitted petition and the information presented, the request associated with PZC 20010-08 is in conformance with the standards of the Darien City Code and, therefore, I move the Municipal Services Committee recommend approval of the petition as presented.