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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: February 23, 2018
SUBJECT:
An Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for R-4A(S) Two-Family Dwelling District with a Special Use, OS-1(S) Conservation, Open Space, and Drainage District with a Special Use, and P(S) Park and Recreation District with a Special Use zoning for the territory which may be Annexed to the City of Aurora located on the east side of Commons Drive south of 75th Street being Vacant Land in DuPage County, Aurora Illinois 60504 (M/I Homes of Chicago, LLC - 17-00870 / NA28/4-17.049-PA/A/SUPD/Ppn/Psd - JM - Ward 8) (PUBLIC HEARING)
PURPOSE:
The Petitioner M/I Homes of Chicago, LLC is requesting approval of an Annexation Agreement for 25 acres located on the east side of Commons Drive south of 75th Street for District 204 Development which includes provisions that upon annexation the property would be zoned R-4A(S) Two-Family Dwelling District, OS-1(S) Conservation, Open Space, and Drainage District, and P(S) Park and Recreation District with a Special Use Planned Development which includes the development of 171 attached residential townhomes along with stormwater detention and a future park.
BACKGROUND:
The Subject Property is currently Vacant Land with Unincoporated, DuPage County zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet. The property is owned by School District 204. The Aurora Comprehensive Plan identifies this property along with the adjacent properties to the north and east as medium density residential.
The Annexation Agreement, Annexation, Special Use Planned Development, Preliminary Plat and Preliminary Plan, and Roadway Construction and Financing Agreement are being review and approved concurrently under separate actions.
The Petitioner is requesting approval of an Annexation Agreement and Annexation for 25 acres. The Annexation Agreement includes provisions for annexing and establishing a Special Use Planned Development with R-4A(S) Two-Family Dwelling District, OS-1(S) Conservation, Open Space, and Drainage District, and P(S) Park and Recreation District zoning; the dedication of 40 foot right-of-way along with roadway improvements for Commons Drive and the dedication of 66 foot right-of-way along with roadway improvements for internal roads; and provisions for a Roadway Agreement for the extension of Commons Drive to Stonehaven Subdivision Unit 1.
Concurrently with this proposal, the Petitioner is requesting the Establishment of a Special Use Planned Development, pursuant to the Annexation Agreement. The details of the Special Use Planned Development include modifications of the bulk restriction standards to address requirements for townhomes, including maximum lot coverage, neighborhood setbacks, maximum dwelling units per acre, and specific separation requirements for units with rear-loaded and front-loaded garages. Parking and loading standards include the minimum requirement of two enclosed spaces along with two driveway spaces.
The Petitioner is also requesting approval of a Preliminary Plan and Plat for District 204 Subdivision for a townhome development of 34 buildings containing a total of 171 units. The Plat includes the creation of 43 lots, with 34 lots being developable for buildings with the remainder being city easements, stormwater detention, and a future park.
The Preliminary Plan features a central, t-shaped plaza that provides sidewalks and green space for the residents. To the east of the plaza is area dedicated for a future park, which is positioned to allow the site to potentially be combined with additional acreage when the property to the east develops. The stormwater detention is situated in the southeast corner, providing a view of the detention area from the park. The development has two entrances from Commons Drive. The most northern entrance is offset from Thatcher Drive to the north and features a divided entrance that opens onto views of the plaza and park. The southern entrance road is the planned east-west road that will connect Commons Drive to future development to the east. This road connects with a north-south road along the park that provides a connection to future development to the north.
The twelve buildings around the plaza and the four above the park have rear-loaded, two-car garages with six units per building. The remaining 18 along the edge of the development have front-loaded garages with mostly four units. The buildings will be a mixture of two and three stories with a combination of two and three bedrooms ranging from 1,480 square feet to 2,100 square feet.
Lastly, the Petitioner is requesting approval of a Roadway Construction and Financing Agreement regarding Commons Drive. This Agreement outlines the construction of roadway improvements for Commons Drive from the terminus at Thatcher Drive to the terminus at Stonehaven Subdivision Unit 1 and the reimbursement by the City for the City’s share of the roadway improvements.
DISCUSSION:
Staff has reviewed the Annexation Agreement petition and have sent comments back to the petitioner on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
Public Input: As of the date of this memo, staff has received public inquiries requesting additional information and letters from Thatcher's Grove Homeowner's Association and six neighbors as well as an online petition with 132 signatures (enclosed) on this petition raising concerns regarding increased density that they believe would have a negative impact on congestion, infrastructure, home values and the schools.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1(3) To encourage new development contiguous to existing development.
12.1(6) To promote the buffering of low density residential areas from high intensity uses with higher density residential when appropriate.
22.1(1) To achieve appropriate zoning protection for residential areas designated in the land use plan.
RECOMMENDATIONS:
Planning Commission recommended APPROVAL of the Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for R-4A(S) Two-Family Dwelling District with a Special Use, OS-1(S) Conservation, Open Space, and Drainage District with a Special Use, and P(S) Park and Recreation District with a Special Use zoning for the territory which may be Annexed to the City of Aurora located on the east side of Commons Drive south of 75th Street being Vacant Land in DuPage County, Aurora Illinois 60504.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Annexation Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Public Input-Letters and Homeowner’s Petition
Legistar History Report
Legistar Number: 17-00870
cc:
Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for R-4A(S) Two-Family Dwelling District with a Special Use, OS-1(S) Conservation, Open Space, and Drainage District with a Special Use, and P(S) Park and Recreation District with a Special Use zoning for the territory which may be Annexed to the City of Aurora located on the east side of Commons Drive south of 75th Street being Vacant Land in DuPage County, Aurora Illinois 60504 (PUBLIC HEARING)
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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 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, the Corporate Authorities of the City of Aurora caused a notice to be prepared describing in general the terms and conditions of the proposed Annexation Agreement and stating the time and place of a public hearing to consider the proposed Annexation Agreement; and
WHEREAS, such notice of the public hearing was duly published not less than 15 nor more than 30 days prior to said public hearing, in a newspaper of general circulation in the City of Aurora; and
WHEREAS, on January 17, 2018, the Aurora Planning Commission, held a public hearing on the petition to enter into said Annexation Agreement and zoning amendment therein provided after due publication of notice of public hearing and has submitted a recommendation of APPROVAL for the Annexation Agreement and zoning amendment on said property to the City Council of the City of Aurora; and
WHEREAS, on January 25, 2018, the Planning and Development Committee of the Aurora City Council reviewed said Annexation Agreement and zoning amendment, reviewed the before mentioned recommendations and recommended APPROVAL of said Annexation Agreement and zoning amendment; and
WHEREAS, all public hearings and other action required to be held or taken prior to the adoption and execution of said Annexation Agreement 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 February 27, 2017, the City Council also held a public hearing upon the proposed Annexation Agreement 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 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 in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth.
Section Six: That the Annexation Agreement 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 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.
Section Seven: That such number of duplicate originals of said Annexation Agreement may be executed, as the Mayor shall determine.