CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Receive the staff report and reconvene the public hearing to vacate a portion of the White Oak Drive right-of-way between Prairie Avenue and Hillside Road - DEV-0086-2025 (Item 1 of 6)
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Erin Venard, Development Manager
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for DEV-0086-2025 was published in the Naperville Sun on Sunday, November 16, 2025. On December 2, 2025, the public hearing was opened and continued to December 16, 2025.
BACKGROUND:
The White Oak Drive right-of-way (“White Oak Drive ROW”) is a partially improved public right-of-way between Prairie Avenue and Hillside Road. The White Oak Drive ROW was platted in anticipation of connecting the existing White Oak Drive roadway north of Prairie Avenue south to Hillside Road; however, the connection was never accomplished. The White Oak Drive ROW is adjacent to four residential properties: 870 Prairie Avenue (“Northwest Property”), 930 Prairie Avenue (“Northeast Property”), 869 E. Hillside Road (“Southwest Property”), and 901 E. Hillside (“Southeast Property”).
On September 17, 2024, City Council authorized vacation of the White Oak Drive ROW provided that: (1) the entirety of the White Oak Drive right-of-way is vacated; (2) the Northwest Property and Southwest Property, which are not suitable for subdivision and development, were to pay compensation for their share of the vacation in the amount of $10,000 each prior to recordation of the Plat of Vacation; and (3) the Northeast Property and Southeast Property, which are suitable for subdivision and redevelopment, were each to pay the City compensation in the amount of $75,000 for their share of the vacation prior to recordation of the Plat of Vacation.
In response to a request from the Southeast Property Owners, the City Council is in agreement with allowing the compensation of $75,000 to be paid in a split format, with $10,000 paid prior to recordation of the plat of vacation for the White Oak Drive ROW with the remaining balance of $65,000, plus an escalator for each year after 2031, to be paid if and when the owners of the Southeast Property Owner decide to resubdivide the property.
DISCUSSION:
Plat of Vacation
The petitioners, the property owners of the four (4) properties adjacent to the White Oak Drive ROW, are seeking vacation of the ROW so that title to equal portions of the right-of-way may vest in the petitioners and become part of their respective adjacent properties. Each petitioner shall be responsible to pay compensation, determined to be reasonable by the City Council, for vacation of the White Oak Drive ROW, as follows:
|
Property |
Compensation |
|
Northwest |
$10,000 |
|
Northeast |
$75,000 |
|
Southwest |
$10,000 |
|
Southeast |
$10,000* |
*$10,000 due now, remaining balance of $65,000 due upon resubdivision of the property subject to an escalator.
Compensation for the property acquired by each property owner as a result of vacation of the White Oak Drive ROW is due to the City prior to the recordation of the plat of vacation for the White Oak Drive ROW with the DuPage County Recorder.
Shared Engineering Improvements
As a part of this request, the partially improved White Oak Drive ROW will be removed. This work is depicted on the preliminary engineering plans and will be shared by the owners of the Northwest Property and the Northeast Property. The shared engineering improvements also include: (1) replacement of the partial roadway with turf; (2) extension of curb and gutter on the south side of Prairie Avenue (where the ROW was removed) to ensure proper drainage; and (3) installation of public sidewalk along Prairie Avenue. Additionally, since the partially improved White Oak Drive ROW currently serves as access to the Northwest Property, a new driveway to the Northwest Property will need to be constructed.
Preliminary/Final Plats of Subdivision
Each property owner has prepared a Preliminary/Final Plat of Subdivision in order to combine their property with the adjacent vacated portion of the White Oak Drive ROW. The owner of the Northeast Property has prepared a Preliminary/Final Plat of Subdivision in order to combine the adjacent vacated portion of the White Oak Drive ROW into their property and then subdivide the property into two (2) single-family residential lots. The Northeast Property Owner intends to demolish the existing home on the property and construct two (2) new single-family homes on the property once it has been subdivided. All four (4) Preliminary/Final Plats of Subdivision comply with the requirements of Section 7-2 (Subdivision Plat Procedures).
Owner’s Acknowledgement and Acceptance Agreements
An Owner’s Acknowledgement and Acceptance (OAA) agreement is included as a part of the ordinance approving the Preliminary/Final Plat of Subdivision for each property. The OAAs include provisions stating the following:
• Payment of compensation for White Oak Drive ROW vacation (specific to each property) is due at the time of the plat of vacation recording.
• The Owner of the Southeast Property shall be required to pay the remaining balance of compensation for the White Oak Drive ROW ($65,000) if they move forward with a subdivision in the future. This balance is subject to an escalator of $1,000 per year beginning in 2031.
• School and park donations are required and are to be paid on a per permit basis per Section 7-3-5:5.2.2 of the Municipal Code for the Northeast Property and Southeast Property (if subdividing in the future) only.
• A Shared Improvement Agreement is required to be submitted by the Owners of the Northwest Property and the Northeast Property prior to recordation of the plat of vacation for the White Oak Drive ROW. Said Agreement shall delineate responsibility for the construction of and payment for the Shared Improvements discussed above (see Shared Engineering Improvements).
Key Takeaways
• The petitioners are seeking vacation of the White Oak Drive ROW between Prairie Avenue and Hillside Road so that title to equal portions will become part of the four (4) adjacent properties.
• City staff have reviewed the proposed right-of-way vacation and have determined that no detrimental impact is associated with the request and has further determined that vacation of the White Oak Drive ROW will benefit the City as a result of compensation paid for said vacation and because the vacated right of way will be returned to property tax rolls and will no longer be the City’s responsibility.
Related Files
• 25-1563- Pass the ordinance vacating a portion of the White Oak Drive right-of-way between Prairie Avenue and Hillside Road (requires seven (7) positive votes) - DEV-0086-2025 (Item 2 of 6)
• 25-1564 - Pass the ordinance approving the Preliminary/Final Plat of Subdivision and Owner‘s Acknowledgement and Acceptance Agreement for 870 Prairie Avenue (Rizzo) - DEV-0088-2025 (Item 3 of 6)
• 25-1565 - Pass the ordinance approving the Preliminary/Final Plat of Subdivision and Owner‘s Acknowledgement and Acceptance Agreement for 869 E. Hillside Avenue (Gilkes) - DEV-0095-2025 (Item 4 of 6)
• 25-1567 - Pass the ordinance approving the Preliminary/Final Plat of Subdivision and Owner‘s Acknowledgement and Acceptance Agreement for 901 E. Hillside Avenue (Ross) - DEV-0105-2025 (Item 5 of 6)
• 25-1566 - Pass the ordinance approving the Preliminary/Final Plat of Subdivision and Owner‘s Acknowledgement and Acceptance Agreement for 930 Prairie Avenue (Goworowski) - DEV-0087-2025 (Item 6 of 6)
FISCAL IMPACT:
The petitioners shall pay the City for their portion of the vacated right-of-way. It is estimated that the City will collect approximately $105,000 upon recordation of the plat of vacation. The vacated right-of-way will also be returned to the tax rolls.