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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: May 19, 2016
SUBJECT:
An Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for PDD Planned Development District zoning for the territory which may be Annexed to the City of Aurora located at the northwest corner of Sunrise Road and Meridian Road in DuPage County, Aurora Illinois 60563 (Old Dominion Freight Lines, Inc. - 15-01141 / NA04/1-15.225-AA/A/PDD/R - AM - Ward 10) (PUBLIC HEARING AT CITY COUNCIL)
PURPOSE:
The Petitioner, Old Dominion Freight Lines, Inc., is Requesting approval of an Annexation Agreement for 4.96 acres located at the northwest corner of Sunrise Road and Meridian Road, which includes provisions that, once annexed, the property be rezoned to be incorporated under the Butterfield Planned Development District zoning provisions.
BACKGROUND:
The Subject Property is located at the northwest corner of Sunrise Road and Meridian Road and is currently unincorporated and utilized as a single family home with DuPage County R-2 One Family Dwelling zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
Concurrent with this proposal, the Petitioner is also proposing an Annexation and a Preliminary Plan and Plat which includes the Subject Property and the adjacent 12.65 acre property.
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 and they now meet the applicable codes and ordinances, with the exception of the items mentioned in the Staff Recommendation listed below. The outstanding concerns are with regard to timing of roadway improvements and tollway land uses.
Sunrise Road Conditions - Staff is proposing that the roadway improvements for Sunrise Road be constructed along the entire Subject Property with the development of the lot. While the improvements to Frieder Lane are being deferred due to outstanding site design questions on the adjacent lot, the Sunrise Road alignment is not in question. Therefore, Staff is proposing that the roadway be constructed with the development of the lot in the proposed City Easement being provided.
Land Use Conditions - With the implementation of the Eola Road interchange, the City planned to have a diverse mix of uses along the Tollway with a strong presence of office and manufacturing. Therefore, Staff is proposing that with the trucking intensive use being proposed on Lot 402, similar uses be prohibited on the adjacent lot(s).
The conditions outlined in the Staff Recommendation listed below would address these concerns.
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.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.
31.1 (3) To promote the development of commercial facilities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning Commission recommends DENIAL of the Ordinance providing for the Execution of an Annexation Agreement Providing for vacant land PDD Planned Development District zoning with the Owners of Record.
ATTACHMENTS:
Exhibit "A" Annexation Agreement
Exhibit “C” District Notice Mailing Affidavit
Property Research Sheet
Land Use Petition and Supporting Documents
Legistar History Report (Annexation Agreement)
Draft Staff Conditions
Legistar History Report (Annexation Agreement)
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Authorizing an Annexation Agreement with the Owners of Record and Providing for PDD Planned Development District zoning for the territory located at the northwest corner of Sunrise Road and Meridian Road in DuPage County, Aurora Illinois 60563 (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 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, seeking 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 March 31, 2016, the Aurora Planning Commission held a public hearing on the petition to enter into said Annexation Agreement and zoning amendment therein provided, and has submitted a recommendation of DENIAL for said Annexation Agreement and zoning amendment to the City Council of the City of Aurora; and
WHEREAS, on May 26, 2016, the Planning and Development Committee of the Aurora City Council reviewed said Annexation Agreement and zoning amendment, reviewed the aforementioned recommendations and recommended _____________________ of said Annexation Agreement and zoning amendment; and
WHEREAS, on June 14, 2016, the City Council also held a public hearing upon the proposed Annexation Agreement as specified in such notice; 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, 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.
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 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 to execute such Annexation Agreement on behalf of the City, and the City Clerk is hereby authorized to attest the Mayor’s signature and affix the corporate seal of the City thereto with the following conditions:
ADD CONDITIONS
Section Seven: That such number of duplicate originals of said Annexation Agreement may be executed, as the Mayor shall determine.