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File #: ORD 19-17    Name:
Type: Ordinance Status: Passed
In control: President and Board of Trustees
On agenda: 3/4/2019 Final action: 3/4/2019
Title: Concur with the Plan Commission's Recommendation and Adopt an Ordinance Authorizing the Vacation of an Alley South of 505 Washington Boulevard and North of 437-443 South Scoville Street/500-512 Madison Street in the Village of Oak Park, Cook County, Illinois
Attachments: 1. Ordinance 19-17, 2. Plat of Vacation, 3. Findings of Fact, 4. Application, 5. Appraisal - FHS1, 6. Appraisal - FHS2, 7. Appraisal - VOP, 8. Policy, 9. Staff Report

Submitted By                     

David Mann, Plan Commission Chair through Tammie Grossman, Development Customer Services Director 

 

Reviewed By

LKS

 

Agenda Item Title

Title

Concur with the Plan Commission’s Recommendation and Adopt an Ordinance Authorizing the Vacation of an Alley South of 505 Washington Boulevard and North of 437-443 South Scoville Street/500-512 Madison Street in the Village of Oak Park, Cook County, Illinois

 

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Overview

Overview

The Applicant is requesting to vacate an existing east-west oriented public alley (15 feet x 366 feet) for the purpose of advancing their future campus development. The alley currently serves the needs of Fenwick High School and two privately-owned residential buildings adjacently south which abut Madison Street and Scoville Avenue.  This is a companion application to Ordinance 19-16 (Planned Development for Parking Garage).

 

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Recommendation

Recommendation

The Plan Commission unanimously recommends approval of the alley vacation as stated in the Findings of Fact report.

 

Body

Staff Recommendation

Accept the Plan Commission’s recommendation and adopt the Vacation Ordinance with the averaged appraisal fee of $25,500 using Jack Carpenter Realty and Muriello Appraisal appraisals referenced below.  The Grimes appraisal mentioned below considers the subject alley to be similar in value as zoned parcels of land that were consolidated with abutting zoned property for possible building expansion purposes.  In this case the alley will be used for access to their proposed parking garage and used by the multiple family building occupants at Scoville and Madison for garbage and deliveries.  The remaining portion will become incorporated into an open space campus area.

 

Fiscal Impact

The Village may receive compensation for the vacation of a public right of way.  It has been the Village’s policy to request two land appraisals for consideration.  Attached to this item are three appraisals; one conducted independently by Grimes Real Estate Services for the Village of Oak Park and two conducted independently by Fenwick High School by Muriello Appraisals and Jack Carpenter Realty.  Due to a great disparity between the Grimes and Muriello appraisals, a third appraisal was conducted by Jack Carpenter Realty for Fenwick to determine if either Grimes’ or Muriello’s appraisals represented the value appropriately.  The third appraisal aligned best with Mr. Muriello’s appraisal; therefore staff believes the Muriello and Jack Carpenter Realty appraisals should be used to determine the value of the public alley.  The three appraisals are in the amounts of $174,000 (Grimes), $30,000 (Muriello), and $21,000 (Jack Carpenter). The Village Board has the right to set the price they believe to be appropriate by selecting any of the appraised values or an average.  Historically, the Village Board has approved an averaged amount.  In this case the average would be $25,500, using Muriello and Jack Carpenter’s appraisals.  This average equates to approximately $4.7 per square foot of land.

 

Background

In April 2000, the Village adopted the Alley and/or Street Vacation Policy and Procedures.  The policy statement within the Policy and Procedures document states that the President and Board of Trustees may vacate a street or alley, or part thereof, by ordinance whenever they determine that the public interest will be subserved by vacating such street or alley, or par thereof. The determination of the President and Board of Trustees in this regard is conclusive, and the passage of such an ordinance shall be sufficient evidence of that determination whether so recited in the ordinance or not. The relief to the public from further burden and responsibility of maintaining any street or alley, or part thereof, constitutes a public use or public interest authorizing the vacation.

 

The applicant, who owns properties on either side of the subject alley (except for approximately 160 feet at the east end near Scoville Avenue) is requesting that the 15 foot wide east-west alley right-of-way from East Avenue to Scoville Street be vacated in advance of realizing their larger campus development.  The Applicant has agreed to provide an access easement in perpetuity for use by the occupants of the multiple family buildings to the south located at 437-443 South Scoville Street and 500-512 Madison Street.

 

Alternatives

1.                     Approve the alley vacation request as recommended by the Plan Commission.

2.                     Overturn the Plan Commission’s recommendation and deny the alley vacation request.

 

Previous Board Action

The Applicant has requested various alley vacations previously within their designated campus area.  The subject alley is the last remaining public alley within the block surrounded by Washington Boulevard, Scoville Street, Madison Street and East Avenue. 

 

Citizen Advisory Commission Action

In addition to the Planned Development application, the Plan Commission held a public hearing on January 17, 2019 and February 7, 2019 regarding the alley vacation. There was no one in attendance to speak either for or against this application. The Plan Commission recommends with unanimous approval of the vacation of the subject public alley with utility and access easements.

 

Anticipated Future Actions/Commitments

N/A.

 

Intergovernmental Cooperation Opportunities

Zoning and land use matters are unique to Village government within the corporate limits of Oak Park and therefore, intergovernmental cooperation opportunities do not exist.

 

Performance Management (MAP) Alignment

A Governance Priority established for the Development Customer Services Department - Community Planning Division is Land Use Regulations.