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TO: Mayor Irvin and City Council
FROM: Mark Phipps, Engineering Division
Marissa Spencer, Law Department
DATE: September 7, 2021
SUBJECT:
An Intergovernmental Agreement between the City of Aurora and the Illinois Department of Transportation for Phases 1 and 2 of the Redevelopment at Fox Valley Mall.
PURPOSE:
In order for Phase 1 of the redevelopment plan at Fox Valley Mall to proceed, IDOT signed off on a traffic study for Phase 1 and signed off on the plat of subdivision; however, IDOT has concerns about the potential future impact of Phase 2 vehicular traffic on Route 59. As a result, IDOT, has requested to retain the right and authority to review and approve an updated Traffic Study for Phase 2 once the development plan for Phase 2 is further refined. This intergovernmental agreement allows IDOT to retain review authority of the updated traffic study so that they will still have the ability to assess if there are any additional off-site traffic improvements needed on Route 59 as a result of Phase 2.
BACKGROUND:
In November of 2020, the subject property (the area previously occupied by Sears) was rezoned to R-5A(C) Multiple Family Dwelling District with a Conditional Use Planned Development (previously approved as Special Use Planned Development), and at the same time a Final Plat and Preliminary Plan were approved for the Subject Property. On February 2, 2021, the Aurora City Council approved a Final Plan for Multi-Family Dwelling. This Final Plan consists of three 3-story multiple family residential buildings with residential units on all floors, at-grade tuck under parking garages, private open space, private amenities, and two associated 1-story covered parking structures.
DISCUSSION:
The City and the developers would like to see the project advance, and are willing to allow IDOT to retain authority to review and approve the updated Phase 2 traffic study.
IMPACT STATEMENT:
Once this Intergovernmental Agreement is executed by the City of Aurora and the Illinois Department of Transportation, IDOT will have the right and authority to review and approve the updated traffic study for Phase 2.
RECOMMENDATIONS:
Staff recommends the approval of this Ordinance to enter into an Intergovernmental Agreement with the Illinois Department of Transportation.
cc: Building, Zoning and Economic Development
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance to enter into an Intergovernmental Agreement with the Illinois Department of Transportation regarding Phases 1 and 2 of the redevelopment at Fox Valley Mall.
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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, the City Council has already approved a Final Plan for Multi-Family Dwelling at the Fox Valley Mall; and
WHEREAS, IDOT has requested to retain the right and authority to review and approve an updated Traffic Study for Phase 2 once the development plan for Phase 2 is further refined; and
WHEREAS, the City is willing to allow IDOT to retain such authority since IDOT signed off on the Phase 1 traffic study and plat of survey; and
WHEREAS this agreement needs to be memorialized through and intergovernmental agreement; and
WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorizes units of local government in Illinois to exercise jointly with any other public agency within the state, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually and to enter into intergovernmental Agreements for the performance of governmental services, activities and undertakings.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the City shall enter into an Intergovernmental Agreement with the Illinois Department of Transportation attached herein as "Exhibit A - FVM IGA with IDOT 9.1.21."