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TO: Mayor Richard C. Irvin
FROM: Jill N. Morgan, Planner
DATE: February 7, 2018
SUBJECT:
A Resolution Authorizing the Execution of a Roadway Agreement for Commons Drive from the terminus at Thatcher Drive to the terminus at Stonehaven Subdivision Unit 1 in DuPage County, Aurora, Illinois 60504 (M/I Homes of Chicago, LLC - 18-0106 / NA28/4-17.049-PA/A/SUPD/Ppn/Psd/AGR/RD - JM - Ward 8)
PURPOSE:
The Petitioner, M/I Homes of Chicago, LLC, is requesting approval of a Roadway Agreement regarding Commons Drive from the terminus at Thatcher Drive to the terminus at Stonehaven Subdivision Unit 1. The details of the proposal outlines the construction of roadway improvements by M/I Homes and reimbursement provisions by the City to M/I Homes for the City’s share of the roadway improvements.)
BACKGROUND:
The Subject Property is currently Vacant Land with Unincoporated, DuPage County zoning. Currently the western half of Commons Drive ends at the southern boundary of the petitioner’s property and starts again near Stonehaven Circle. Additional information on the legislative history and a map of the property can be found in the attached Property Information Sheet. The property is owned by School District 204.
The Annexation Agreement, Annexation, Special Use Planned Development, Preliminary Plat and Preliminary Plan, and Roadway Agreement are being reviewed and approved concurrently under separate actions.
The Petitioner is requesting approval of a Roadway 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.
The construction of said Roadway Improvements shall consist of two (2) sections.
Section A: the eastern half of Commons Drive from the terminus of Thatcher Drive to the southern point of M/I Homes’ property thus tying into the improvements previously completed.
Section B: from the current terminus at the southern point of the M/I Homes’ property to the terminus at Stonehaven Subdivision Unit 1.
The Petitioner, M/I Homes, is required to pay for Section A, the eastern half of the roadway improvements that abut their property. The Petitioner has agreed to front fund and construct Section B.
M/I Homes anticipates being completed with both sections by the end of 2018. To allow for unforeseen circumstances, the Agreement outlines that the roadway improvements must be completed no later than November 30, 2019.
The City has some funding sources already allocated or will be allocated for the construction of Section B, including $159,153.04 fee in lieu from surrounding properties. Per Ordinance O12-009, Calvary Church constructed the western one-half of Commons Drive along Section A in lieu of constructing all of the one-half of Commons Drive along their frontage. However, Calvary Church is still responsible for 400 feet of the easterly one-half of construction of Section B and the cost of installing sidewalk and street trees on the east side along all of Section B, which is approximately $150,628.81
The Roadway Agreement outlines that the City will reimburse the developer for construction of Section B upon submittal and approval of complete invoices in three installments:
1.) 2018: an amount not to exceed $159,153.04, the amount currently appropriated from fee in lieu
2.) 2019: Half of the remaining amount due plus interest
3.) 2020: The remaining amount due plus interest.
DISCUSSION:
Staff has reviewed the Roadway 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.
IMPACT STATEMENT:
Staff would anticipate that this project will increase the City’s overall tax base, by facilitating investment and development, which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
Staff would recommend APPROVAL of A Resolution Authorizing the Execution of a Roadway Agreement for Commons Drive from the terminus at Thatcher Drive to the terminus at Stonehaven Subdivision Unit 1 in DuPage County, Aurora, Illinois 60504.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Roadway Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 18-0106
cc: Alderman Saville, Chairman
Alderman Jenkins
Alderman Franco
Alderman Donnell, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Authorizing the Execution of a Roadway Agreement for Commons Drive from the terminus at Thatcher Drive to the terminus at Stonehaven Subdivision Unit 1 in DuPage County, Aurora, Illinois 60504
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 on September 14, 2017, M/I Homes of Chicago, LLC filed with the City of Aurora a request for the approval of a Roadway Construction and Financing Agreement regarding Commons Drive from the terminus at Thatcher Drive to the terminus at Stonehaven Subdivision Unit 1 and related required documents as attached hereto as Exhibits "A"; and
WHEREAS, for reasons set forth in the Agreement, the City and M/I Homes of Chicago, LLC wish to enter into said attached Agreement regarding requesting approval of a Roadway Construction and Financing Agreement for Commons Drive from the terminus at Thatcher Drive to the terminus at Stonehaven Subdivision Unit 1; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, as follows: that the Mayor and City Clerk be and are hereby authorized to execute the attached Agreement.
BE IT FURTHER RESOLVED that the City Clerk be directed to file and keep on record said Agreement and a certified copy of this Resolution.