cover
TO: Mayor Thomas J. Weisner
FROM: Stephane Phifer, Planning and Zoning Director
DATE: March 18, 2016
SUBJECT:
An Ordinance Disconnecting Territory from the City of Aurora being the extension of Duke Parkway to Route 59 (Duke Realty Limited Partnership - L16-00261 / WI33/4-16.050-DA - SP - Ward 10)
PURPOSE:
The Petitioner Duke Realty Limited Partnership is requesting the disconnection of land, being Duke Parkway extended to Route 59, pursuant to an Intergovernmental Agreement with Warrenville. The terms of said disconnection were outlined in the agreement (attached) which was approved by the City Council on March 8, 2016 with Resolution number R16-053.
BACKGROUND:
The disconnection from Aurora and subsequent annexation to the Village of Warrenville will allow for Warrenville to assume construction responsibilities for the intersection of Route 59 and Duke Parkway extended.
Duke Parkway extended, is currently vacant land and is proposed public right-of-way in Aurora located in Duke Realty's Butterfield Business Park. Duke Parkway is planned to extend to a terminus at Route 59. However, discussions with IDOT on this intersection involved several million dollars of improvements, as well as the need to eliminate an existing access point onto Route 59 (Estes Drive) just to the north of the proposed Duke Parkway extension. Estes Drive is located in the Village of Warrenville.
The Duke Parkway intersection also has benefits to Warrenville. To the east of the intersection is an undeveloped parcel of land that is planned for future commercial in the Village of Warrenville. Given this situation, and that Warrenville is looking into the creation of a Tax Increment Financing (TIF) District to cover costs of the intersection improvements, it would be beneficial for Aurora to disconnect this portion of property so Warrenville can assume responsibility for the improvements. Duke Realty, owner of the property, is in agreement that the property should be annexed to Warrenville and is currently developing their end of the documents necessary for this to occur.
DISCUSSION:
Staff has reviewed the De-Annexation petition, submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made all the requested changes to these documents and they now meet all of the applicable codes and ordinances.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this project will increase the City’s overall tax base and viability by Warrenville being financially responsible for intersection improvements, and the Butterfield Business Park (located in Aurora) will have future access to Route 59.
RECOMMENDATIONS:
Staff would recommend CONDITIONAL APPROVAL of the An Ordinance Disconnecting Territory from the City of Aurora being the extension of Duke Parkway to Route 59.
ATTACHMENTS:
Property Research Sheet
IGA - R16-053
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Disconnecting Territory from the City of Aurora being the extension of Duke Parkway to Route 59
body
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, DUKE REALTY LTD PARTNERSHIP is the owner of record of the real estate legally described on Exhibit “A-1”, attached hereto; and
WHEREAS, by petition dated March 14, 2016, the above-named owner petitioned the City of Aurora for the disconnection of the real property legally described on said Exhibit “A-1” and depicted on Exhibit “A-2”, in order to annex said territory to the Village of Warrenville; and
WHEREAS, Section 7-1-24 of the Illinois Municipal Code (65 ILCS 5/7-1-24) provides for the disconnection of land by one municipality and the annexation of that land by another municipality where the municipalities are adjoining; and
WHEREAS, said disconnection is pursuant to the terms of an Intergovernmental Agreement between the City of Aurora and the Village of Warrenville approved by Resolution number R16-053 on March 8, 2016; and
WHEREAS, the owner of record of the real estate to be disconnected has filed a petition with the Village of Warrenville to annex said real estate and has requested that the City of Aurora disconnect said real estate pursuant to said agreement; 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 real estate described on Exhibit “A-1” and depicted on Exhibit “A-2”, attached hereto and incorporated herein by reference as if fully set forth to be, including the entire portion of the adjacent roadway, and the same is hereby disconnected from the City of Aurora pursuant to the provision of the above mentioned Intergovernmental Agreement.
Section Six: That upon the fulfillment of said conditions the City Clerk of the City of Aurora be and is hereby authorized and directed to file with the County Clerk and record with the County Recorder of Deeds a certified copy of this ordinance.