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TO: Mayor Thomas J. Weisner
FROM: Stephane A. Phifer, Planning and Zoning Director
DATE: June 10, 2016
SUBJECT:
An Ordinance Providing for the Execution of an Annexation Agreement Revision for the Lincoln Prairie Planned Development with the Owners of Record of Territory located south of Wolf's Crossing Road, east of Route 30 and north of 111th Street in Will County, Aurora, Illinois 60503 (Five H, L.L.C. and NGH Farms LLC - 16-00477 / WH18/2-14.266-PA/R/AGR/RD - SP - Ward 9)
PURPOSE:
The Petitioner, Five H, L.L.C. and NGH Farms LLC, is requesting approval of an Annexation Agreement Revision for the Lincoln Prairie Development located at adjacent to Eola/Heggs Road and Route 30. The details of the proposal include the revision to Sections E.2.a and d of the Annexation Agreement and to Section IV Paragraphs B.a and d of the Plan Description to reflect the anticipated approval of a Roadway Agreement for the Heggs/Eola Road/Wikaduke Trail improvements.
BACKGROUND:
The Subject Property is located at south of Wolf's Crossing Road, east of Route 30 and north of 111th Street and is currently vacant land PDD zoning, which is part of the Lincoln Prairie Planned Development District. The property is generally located south of Wolf's Crossing Road, east of Route 30 and north of 111th Street.
The Annexation Agreement was originally approved on December 10, 2002 with Ordnance O2002-160. Subsequently an ordinance establishing a Planned Development District was approved on the same date with Ordinance number O2002-162. Since that time certain portions of the property have been planned and platted however, no development has yet occurred. Pursuant to the original Annexation agreement the Owner/Developer is to dedicate right of way and contribute between thirty percent (30%) and sixty percent (60%) of the cost of roadway improvements for the realigned Heggs/Eola Road/Wikaduke Trail (see attached excerpt). Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
DISCUSSION:
The City's Engineering Division has been coordinating with IDOT on funding and construction of the realigned Heggs/Eola Road/Wikaduke Trail improvements (see attached engineering memo) and negotiated a Roadway Agreement with the Petitioner (see attached Roadway Agreement). The proposed Annexation Agreement Revisions would revise the document to reflect the approval of the Roadway Agreement.
IMPACT STATEMENT :
The Planning and Zoning Division would anticipate that this project will increase the City’s overall tax base and viability by facilitating investment and development which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Resolution to authorize the Mayor to execute a roadway construction and financing agreement with Five H, LLC for the extension of Eola Road to U.S. Rte. 30.
ATTACHMENTS:
Exhibit "A" - Annexation Agreement Revision
Land Use Petition with Supporting Documents
Property Research Sheet
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
Bill Wiet, Chief Development Services Officer
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Providing for the Execution of an Annexation Agreement Revision for the Lincoln Prairie Planned Development with the Owners of Record of Territory located south of Wolf's Crossing Road, east of Route 30 and north of 111th Street in Will County, Aurora, Illinois 60503 (PUBLIC HEARING AT CITY COUNCIL)
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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, a proposed Annexation Agreement Revision in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth, has been duly submitted to the Corporate Authorities of the City of Aurora with the request that all required hearings be held thereon, and requisition annexation to the City of Aurora of a certain territory therein described, subject to the terms and conditions of said Annexation Agreement, pursuant to Section 11-15.1-1 et seq. of the Illinois Municipal Code (65 ILCS (1994) 5/11-15.1-1); and
WHEREAS, on June 16, 2016 the Planning and Development Committee of the Aurora City Council reviewed said Annexation Agreement Revision, reviewed the before mentioned recommendations and recommended APPROVAL of said Annexation Agreement Revision; and
WHEREAS, all public hearings and other action required to be held or taken prior to the adoption and execution of said Annexation Agreement Revision in order to make the same effective have been held or taken pursuant to notice as required by law and in accordance with all requirements of law; and
WHEREAS, on June 28, 2016 the City Council also held a public hearing upon the proposed Annexation Agreement Revision as specified in such notice; and
WHEREAS, Exhibit “A”, attached hereto and included herein by reference as if fully set forth, in its present form, has been on file with the City Clerk of the City of Aurora for public inspection for at least one week; and
WHEREAS, the Corporate Authorities, after due investigation and consideration, and following the aforesaid public hearings, have determined that entering into the Annexation Agreement Revision in the form of Exhibit “A” attached hereto and included herein by reference as if fully set forth, will serve the public good and benefit the City of Aurora; and
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 Mayor and City Council hereby find as fact all of the preambles contained in the Annexation Agreement Revision in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth.
Section Six: That the Annexation Agreement Revision in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth, and incorporated in and made a part of this Ordinance, is hereby approved and the Mayor of the City of Aurora is hereby authorized and directed to execute such Annexation Agreement Revision on behalf of the City, and the City Clerk is hereby authorized and directed to attest the Mayor’s signature and affix the corporate seal of the City hereto.
Section Seven: That such number of duplicate originals of said Annexation Agreement Revision may be executed, as the Mayor shall determine.