Aurora, Illinois

File #: 14-00548    Version: Name: Lehigh Station / M/I Homes of Chicago - Preliminary
Type: Resolution Status: Passed
File created: 7/3/2014 In control: City Council
On agenda: 8/26/2014 Final action: 8/26/2014
Title: A Resolution Approving a Preliminary Plat and Plan for Lot 60 of Lehigh Station Subdivision located at the south east corner of Station Boulevard and Liberty Street, Aurora, Illinois 60504
cover
TO:      Mayor Thomas J. Weisner  
 
FROM:      Planning Commission
 
DATE:      August 11, 2014
 
SUBJECT:
A Resolution Approving a Preliminary Plat and Plan for Lot 60 of Lehigh Station Subdivision located at the south east corner of Station Boulevard and Liberty Street, Aurora, Illinois 60504 (LEK, LLC / M/I Homes of Chicago - 14-00548 / NA21/2-14.207-Ppn/Psd - SP - Ward 10)     
 
PURPOSE:
The Petitioner, M/I Homes of Chicago, has submitted a Preliminary Plan and Plat application for Lot 60 of Lehigh Station located at the south east corner of Station Boulevard and Liberty Street.  The Subject Property is currently vacant land with zoning pursuant to the Lehigh Station Special Use Planned Development. The details of the proposal include 3.317 acres for the development of 40 attached townhome units within 7 buildings.  There are attached two car garages proposed for each unit a two car driveway for each and additional guest parking provided within the development. The urban nature of the development is being maintained by keeping an urban streetscape and with the Final Plan the landscaping and building architecture will be consistent with the existing Lehigh Station townhomes.        
 
BACKGROUND:
The Subject Property is part of the Station Boulevard Transit Oriented Development Project located at south of the Route 59 Train Station and north of New York Street along Station Boulevard.  The Comprehensive Plan Revision which created this corridor was approved by City Council on January 25, 2005 by Resolution R05-009.  Four subsequent neighborhoods were created in the corridor, Plaza on New York, Lehigh Station and Kensington Station North and South (subsequently named Metro 59 and Union Square).  
 
Since the commencement of this transit oriented development (TOD) corridor the townhouse portion of Lehigh Station and Plaza on New York have been constructed, the mid-rise buildings within the Plaza of New York are currently under construction and one commercial use within Plaza on New York has also been constructed.  In addition, the mid-rise buildings within Lehigh Station and Metro 59 and the townhomes within Union Square have been final planned and are approaching construction.  The last remaining site to be planned is the Subject Property Lot 60 of Lehigh Station.  
 
The Plan Description designates the Subject Property under Parcel D.  This parcel is a "flex" property which allows for the option of constructing a multi-story structure with commercial, office and /or townhome residential uses under the Parcel A provisions. This was to allow the plan to evolve dependent on the needs of the overall TOD corridor.  This Preliminary Plan and Plat will set the development and the zoning of the property under the provisions of Parcel A with an underlying zoning of R-4A.  
 
 
Keeping medium to high density residential units in these areas is important in order to retain the sustainability of the proposed roadway improvements and shuttle (trolley) program.
 
Having commercial nearby is also another fixture of an urban environment. The corridor has proposed commercial tenants in the mid-rise buildings and is close to the commercial located along E. New York Street, Fox Valley Regional Mall and the Yorkshire Plaza shopping center and additional sidewalks have been incorporated to increase the walkability to these locations.   
 
DISCUSSION:
Staff has reviewed the Preliminary Plan and Plat petition, submitted by the petitioner and have sent comments back to them on those submittals.  The petitioner has made all the requested changes to these documents and they now meet all of the applicable codes and ordinances.     
 
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this project will increase the City's overall tax base and viability by facilitating investment and development; additionally certain impacts will be augmented by the applicable Residential Land Cash, Fire and Public Works Impact Fees.   
 
RECOMMENDATIONS:
The Planning  Commission recommends CONDITIONAL APPROVAL of the Preliminary Plat and Plan for Lot 60 of Lehigh Station Subdivision located at the south east corner of Station Boulevard and Liberty Street, Aurora, Illinois 60504, with the following conditions:
 
1.  That the Petitioner shall also provide a draft of all protective covenants said Petitioner proposes to regulate land use in the subdivision and otherwise protect the proposed development.  Said Covenants shall include the following provisions:
A.  The total number of rental units allowed in this subdivision shall be limited to no more than thirty percent (30%) of the total dwelling units;
B.  No person or entity may own more than one (1) rental dwelling unit in the subdivision;
C.  After the "Turnover Date" of the  Homeowners Association, said Homeowners Association may temporarily, for not to exceed one (1) year, grant a temporary individual exception to the maximum limit on rental units based on documented and validated owner hardship in attempting to sell a dwelling unit;
D.  The Homeowners Association shall evaluate the above mandated limit on rental units from time to time and approve more restrictive provisions when deemed appropriate.  
  
 
ATTACHMENTS:
Legistar History Report
Property Research Sheet
Preliminary Plan
Preliminary Plat  
 
Cc:
Planning and Development Committee:
Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
 
 
 
 
CITY OF AURORA, ILLINOIS
 
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Approving a Preliminary Plat and Plan for Lot 60 of Lehigh Station Subdivision located at the south east corner of Station Boulevard and Liberty Street, 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
 
WHEREASby petition dated July 8, 2014, M/I Homes of Chicago filed a petition with the City of Aurora requesting a Preliminary Plan and Plat on 3.317 acres for the development of 40 attached townhome units on Lot 60 in Lehigh Station located at the south east corner of Station Boulevard and Liberty Street as described on Exhibit "A" attached hereto; and
 
WHEREAS, on August 6, 2014, the Aurora Planning Commission reviewed said Preliminary Plan and Plat and recommended conditional approval of said petition; and
 
WHEREAS, on August 14, 2014, the Planning and Development Committee of the Aurora City Council reviewed said Preliminary Plan and Plat and the before mentioned recommendation and recommended conditional approval of said petition; and    
 
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, finds as facts all of the preamble recitals of this Resolution and hereby grants CONDITIONAL APPROVAL of said Preliminary Plan and Plat with the following conditions:
 
1.  That the Petitioner shall also provide a draft of all protective covenants said Petitioner proposes to regulate land use in the subdivision and otherwise protect the proposed development.  Said Covenants shall include the following provisions:
A.  The total number of rental units allowed in this subdivision shall be limited to no more than thirty percent (30%) of the total dwelling units;
B.  No person or entity may own more than one (1) rental dwelling unit in the subdivision;
C.  After the "Turnover Date" of the  Homeowners Association, said Homeowners Association may temporarily, for not to exceed one (1) year, grant a temporary individual exception to the maximum limit on rental units based on documented and validated owner hardship in attempting to sell a dwelling unit;
D.  The Homeowners Association shall evaluate the above mandated limit on rental units from time to time and approve more restrictive provisions when deemed appropriate.
 
2.      That pursuant to the Developer incorporate into the Homeowners Association Documents an assessment to each unit for a future Mass Transit System ("Trolley System") designed for commuting between the Route 59 Train Station and the Westfield Shopping Center.  The assessment will be $20.00 per month per unit with an annual increase equal to the established CPI, but at no point shall the assessed fee exceed the amount charged for a parking permit at the Route 59 Train Station.  The assessed fee entitles each unit to a family pass for the proposed "Trolley System" allowing all individuals residing in each unit of the proposed community full access to said system.  Furthermore, the City shall request payment from the HOA for the "Trolley System" no sooner than 30 days prior to actual service being provided.
 
BE IT FURTHER RESOLVED that the City Council of the City of Aurora hereby adopts the hereby adopts the Preliminary Plan and Plat as described on Exhibit "A", and that the Aurora City Clerk is hereby directed to file and keep on record said Preliminary Plan and Plat and a certified copy of this Resolution after its passage and signing by the Aurora City Council.     
 
 
PASSED AND APPROVED on ______________.
 
AYES ____     NAYS ____     NOT VOTING ____     ABSENT ____
 
 
____________________________                  __________________________
Alderman Bohman, Ward 1                              Alderman Garza, Ward 2
 
____________________________                  __________________________
Alderman Mesiacos, Ward 3                              Alderman Donnell, Ward 4
 
____________________________                  __________________________
Alderman Peters, Ward 5                                    Alderman Saville, Ward 6
 
____________________________                  __________________________
Alderman Hart-Burns, Ward 7                              Alderman Mervine, Ward 8
 
____________________________                  __________________________
Alderman Bugg, Ward 9                                    Alderman Johnson, Ward 10
 
____________________________                  __________________________
Alderman Irvin, At Large                                    Alderman O'Connor, At Large
 
 
ATTEST:
____________________________                  __________________________
                City Clerk                                          Mayor
 
Legistar Number: 14-00548
 
ATTACHMENTS:
Exhibit "A" Plan Information Sheet
 
 
EXHIBIT "A"
INFORMATION SHEET
For the Preliminary Plan and Plat for the property located at the south east corner of Station Boulevard and Liberty Street
 
Case File Number:  NA21/2-14.207-Ppn/Psd
 
Tax Parcel Number:  07-21-208-001
 
Owner:  
LEK, LLC
2001 Kirby Drive
Houston, TX 77019
 
Plat Prepared By:
MeritCorp
1016 Douglas Road, Suite A
Oswego, IL 60543
Date Plat Received:  August 1, 2014
 
Plan Prepared By:
MeritCorp
1016 Douglas Road, Suite A
Oswego, IL 60543
Date Plan Received:  August 1, 2014
 
 
NOTE:  A COPY OF THESE DOCUMENTS AS REFERENCED HEREON ARE ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.