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TO: Mayor Richard C. Irvin
FROM: Jill Morgan, Planner
DATE: January 10, 2018
SUBJECT:
An Ordinance Annexing Certain Property being Vacant Land located on the east side of Commons Drive south of 75th Street to the City of Aurora, Illinois, pursuant to an Approved Annexation Agreement (M/I Homes of Chicago, LLC - 17-00871 / 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 the Annexation, pursuant to an Annexation Agreement, of 25 acres located on the east side of Commons Drive south of 75th Street for District 204 Development.
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 pursuant to an Annexation Agreement 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 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.
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:
Staff would recommend APPROVAL of the Ordinance Annexing Certain Property being Vacant Land located on the east side of Commons Drive south of 75th Street to the City of Aurora, Illinois, pursuant to an Approved Annexation Agreement.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Exhibit “B” Plat of Annexation
Exhibit "C" Affidavit and Annexation Notification List
Land Use Petition with Supporting Documents
Property Research Sheet
Public Input-Letters and Homeowner’s Petition
Legistar History Report
Legistar Number: 17-00871
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 Annexing Certain Property being Vacant Land located on the east side of Commons Drive south of 75th Street to the City of Aurora, Illinois, pursuant to an Approved Annexation Agreement
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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, School District #204 is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by the petition dated September 14, 2017, the above-named owner petitioned the City of Aurora to annex the real property legally described on said Exhibit “A” to the City of Aurora, in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (65 ILCS(1994) 5/7-1-8); and
WHEREAS, the above-mentioned party, as owner of record of the real estate legally described on Exhibit “A”, entered into an Annexation Agreement with the City of Aurora providing, pursuant to annexation, that said real estate be placed in a certain zoning category; and
WHEREAS, said Annexation Agreement as approved by the City, by Ordinance Number ______, on ________ is hereby made a part hereof and incorporated herein by reference as if fully set forth; and
WHEREAS, the corporate authorities of the City of Aurora have determined that the property is contiguous to the City of Aurora and is not within the corporate limits of any other municipality and that the petition in all other respects conforms to the requirements of law; and
WHEREAS, due statutory notice has been given to those entities listed in the affidavit and Annexation Notification List attached hereto as Exhibit “C”, being the County and City Election Commissions, County Auditor, Township Board, Township Highway Commissioner, any Fire Protection District and any Public Library District in which the real property legally described on said Exhibit “A” is located.
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”, attached hereto and incorporated herein by reference as if fully set forth, be, and the same is hereby annexed to the City of Aurora, Illinois.
Section Six: That the property to the far side of any adjacent public right-of-way within said annexed area, and the same is, hereby also annexed to the City of Aurora, Illinois.
Section Seven: That the corporate limits of the City of Aurora, and the same are, hereby extended to include the territory hereby annexed to the City of Aurora, Illinois.
Section Eight: That the real estate legally described on said Exhibit “A” is hereby placed in the R-1 One-Family Dwelling District zoning classification of Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, pursuant to Section 3.2-8 of said Ordinance.
Section Nine: That the City Clerk of the City of Aurora is hereby authorized and directed to file with the applicable County Recorder of Deeds a certified copy of the Ordinance, together with an accurate plat of the territory annexed, which plat shall be certified as to its correctness and attached hereto as Exhibit “B”.