Public Notices & Hearings

1. City Council Public Hearing Agenda Documents: 2016-05-09 CITY COUNCIL PUBLIC HEARING AGENDA.PDF 2. City Council Public Hearing Public Hearing - ZA Number 16-08 Documents: 2016-05-09 CITY COUNCIL PUBLIC HEARING PUBLIC HEARING - ZA NUMBER 16-08.PDF 3. City Council Public Hearing Minutes Documents: 2016-05-09 CITY COUNCIL PUBLIC HEARING MINUTES.PDF  CITY OF WHEATON, ILLINOIS CITY COUNCIL PUBLIC HEARING MONDAY, MAY 9, 2016 CITY COUNCIL CHAMBERS 303 WEST WESLEY STREET 7:00 P.M. AGENDA Call to Order and Roll Call IL Public Hearing ZA #16-08/ Pre-Annexation! 0N468 & 0N474 Morse Street! Airhart - Construction a. Presentation b. Public Comment c. Council Comment III. Adjournment  MEMORANDUM TO: The Honorable Mayor and City Council FROM: Paul G. Redman, Director of Engineering Tracy L. Jones, Staff Planner i’3i DATE: May3,2016 SUBJECT: ZA #16-08/ Pre-Annexation/ 0N468 & 0N474 Morse Street/ Airhart Construction On Monday, May 9, 2016, the City Council, acting as a hearing body, will conduct a public hearing requesting approval of a Pre-Annexation Agreement for two parcels of land located at 0N468 and 0N474 Morse Street, which would allow the two new homes to be built on the subject property to connect to the City of Wheaton water system and require annexation to the City of Wheaton and rezoning to the R-4 Single-Family Residential District zoning classification once they become contiguous to the corporate limits of the City. A building peru-fit for the new house at 0N474 Morse Street is in the process of being issued through DuPage County. BACKGROUND INFORMATION Applicant: Airhart Construction, 500 East Roosevelt Road, West Chicago, IL 60185 as grantee under Chicago Title Land Trust Company Trust No. 6507. Subject Property: 0N468 and 0N474 Morse Street, Wheaton, IL 60187 Parcel Size: 7,370 square feet per lot Proposed Zoning: R-4 Residential District Comprehensive Plan: Residential Surrounding Conditions: North: Single-Family Residential! DuPage County South: Single-Family Residential! DuPage County East: Single-Family Residential! DuPage County West: Single-Family Residential! DuPage County PLANNING DEPARTMENT CONCERNS AND COMMENTS PROPOSAL The applicant is requesting approval of a Pre-Annexation Agreement for two parcels of land located at 0N468 and 0N474 Morse Street, which would allow the two new homes to be built on the subject property to connect to the City of Wheaton water system and require annexation to the City of Wheaton and rezoning to the R-4 Single-Family Residential District zoning classification once they become contiguous to the corporate limits of the City. The R-4 Single-Family Residential District requires new lots to be 60.0 feet in width, although the Wheaton Zoning Ordinance allows the development of existing platted lots that are at least 50.0 feet in width. The subj ect property consists of two existing lots of record that are both 51.94 feet in width. Several unincorporated properties of similar size which are located on the east side of Morse Street already have City water that was granted to these properties by declarations of restrictive covenants that were approved in the late 1970’s and early 1980’s. These properties include 0N453, 0N461, 0N467 and 0N477 Morse Street and are highlighted in the attached Exhibit A. All of these properties are 51.8 feet in width. PROPOSED NEW HOME CONSTRUCTION The applicant submitted a grading plan, landscape plan and building plans for 0N474 Morse Street as part of their annexation petition. Copies of the plans are attached as Exhibit B. As previously mentioned, as the property has not yet been annexed to the City, permits for both new homes will be issued through DuPage County. No building plans have been submitted for 0N468 Morse Street to date. A copy of the draft Pre-Annexation Agreement is attached as Exhibit C. ENGINEE1UNG DEPARTMENT CONCERNS AND COMMENTS A City water main exists along Morse Street adjacent to the subject property and is available to serve the property. The applicant is requesting connection to City water only. A sanitary sewer owned and maintained by the Wheaton Sanitary District is available to serve the property. The applicant will need to contact the Wheaton Sanitary District for their pennit requirements for connection to the sanitary sewer. The existing Morse Street water main serves several properties along Morse Street under previous individual agreements with the City for water service to properties not within the City limits. The Morse Street water main was construction in 1963 to provide city water to Wheaton North High School. Because the subject property will remain outside the City limits until such time it becomes contiguous to City boundaries, all permitting for the new home will be obtained from DuPage County. The applicant will need to obtain a water connection permit from the City and pay all associated permit and connection fees to the City prior to issuance of a permit. RECOMMENDATION The proposed pre-annexation will, once annexed, increase the taxable value of the property within the City, extend the corporate limits and jurisdiction of the City, permit the sound planning and development of the City, and otherwise enhance and promote the health, safety, and general welfare of the City. Staff recommends approval of the proposed pre-annexation, as presented in the attached Pre-Annexation Agreement.  I. Railroad FALCON WAY City Limits Major Roads THOMAS RD Street Names 25W141 ‘ Parcels 0N491 [1 0N509 Zoning I 0N506 0N485 0N504 -J Cl j w C2 0N481 • 03 0N481 -- —4 — 0N476 0N477 0N471 • 0N471 Ii I cI.J 0N480 I • Ml w 0N467 0N464 0N463 U) C — ______j •OR Ri 0N461 R2 0N456 0N456 R3 0N453 - R4 0N456 R5 R6 R7 o 25W250 25W220 25W200 6Z 0546 Background Outside Wheton Wheaton Municipalities ARMBRUSTAV CAROL STREAM DOWNERS GROVE [ GLEN ELLYN 0N422 25W111 LISLE 71 25W251 0N423 0N424 LOMBARD 0N469 SNAPEERVILLE --i WARRENVILLE 0N411 fl?lii WINFIELD Freeance 5.1: PDF Map Printing System City of Wheaton GIS • ‘V • j - CI, CD CD C) -‘ U:’ r%) I I - -  .c, •\. - SE SI ‘‘::::. z 4- £ C U) lIVi;)iOi51.w Ityj m In -4 U) rp m -4 *e’-wfl.fl —I F .. m -- N  q iH I a a 9) H :  roof plon EJ right side eIeaoton H fl-- reor elevat jo i?1 The Legacy I 2ot4 upper IeneIuIOOi plan  41 Wt3l rl3lSAS lIOOYH uod uoi 1 o puno; puo ;ua wasog WH2115 AlddllS Sn U] \ — tCWU9YIC AlddflS U]IVM S)1oN 1Neyin1a [ AIddflS thyM rrvNOvIG IN]AflISYM __- 71 jH]S/3ISM UJ  Exhibit C PRE-ANNEXATION AGREEMENT THIS PRE-ANNEXATION AGREEMENT (“Agreement”), made and entered into this day of______ 2016, among the City of Wheaton, an Illinois municipal corporation, located in DuPage County, State of Illinois (“City”), and WITNES SETH WHEREAS, Owner has an interest in, or control of, the real estate legally described on Exhibit A, which is attached to and made a part of this Agreement (“Subject Property”), commonly known as 0N468 Morse Street and 0N474 Morse Street, Wheaton, Illinois 60187; and WHEREAS, the City has concluded that once annexed, the Subject Property would further the growth of the City, enable the City to control the development of the area, increase the taxable value of the property within the City, extend the corporate limits and jurisdiction of the City, permit the sound planning and development of the City, and otherwise enhance and promote the health, safety, and general welfare of the City; and WHEREAS, the Subject Property is currently vacant; and WHEREAS, the Subject Property is not presently contiguous to the corporate limits of the City. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the City Code and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. PETITION TO ANNEX/ANNEXATION AGREEMENT. Owner has filed with the Clerk of the City, a proper petition, pursuant to the provisions of the Section 7-1-8 of the Illinois Compiled Statutes [65ILCS 5/7-1-8 (1998 State Bar Association Edition)] conditioned on the execution of an pre-annexation agreement to annex the Subject Property to the City. The petition for annexation is incorporated into this Agreement by this reference. This Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void, and of no force and effect unless the Subject Property is validly zoned and classified under the City’s Zoning Ordinance as hereinafter set forth and amended. 3. ANNEXATION ORDINANCE. Once the subject property becomes contiguous to the City, the City in its sole discretion, may adopt an ordinance annexing the property into the City. Any and all costs associated with the completion of the annexation shall be borne by the Owner at the time of annexation. The Owner shall fully cooperate with the City in undertaking any and all acts necessary to complete the annexation including having prepared and/or paying all costs associated with a plat of annexation. Should the Owner fail to cooperate or to resist the annexation which results in litigation between the City and the Owner, the Owner shall pay all of the City’s reasonable attorney’s fees and costs in enforcing or defending the enforcement of this Agreement in addition to any additional costs  to complete the annexation as provided herein. Any and all costs not reimbursed to the City by the Owner within fourteen (14) days of billing may be filed by the City as a lien against the Subject Property and shall be subject to foreclosure in the Eighteenth Judicial Circuit Court, DuPage County, Wheaton, Illinois. As an alternative to annexation, the City fully retains the right to tenninate water service to the Subject Property should the Owner refuse to honor any and all provisions contained in this Agreement. The Owner acknowledges by entering into this agreement that the Owner has no legal right to require the City to provide water services outside of its corporate boundaries in absence of this Agreement. 4. REZONING. Immediately after the passage of the ordinance annexing the Subject Property, the City, shall, without further hearing, adopt an amendment to its Zoning Ordinance, zoning and classifying the Subject Property in the R-4 Residential District zoning classification. 5. DEVELOPMENT/CONSTRUCTION STANDARDS. Any future development of or construction on, the Subject Property shall be in full conformance with the City’s Zoning Ordinance, Subdivision Control Ordinance, Building Code, and other ordinances, codes, rules, and regulations of the City pertaining to the development of the Subject Property to be annexed. The ordinances, codes, rules, and regulations existing on the date of the application for building, or other, permit(s), shall be applicable, except as the same may be specifically amended pursuant to the tenns of this Agreement. Provided, however, in the event any construction, improvement, or development is effected on the Subject Property prior to it becoming annexed to the City, the construction, improvement, or development shall conform to either the building and development codes of the County of DuPage or the City, whichever is or are more restrictive, as determined by the City. 6. VARIATIONS FROM LOCAL CODES. Immediately after the passage of the ordinance annexing the Subject Property, the City shall zone the Subject Property as provided for in paragraph four (4) of this Agreement. There shall be no variations from the City’s ordinances or rules. 7. CONNECTION TO THE CITY WATER SYSTEM. The Owner shall connect the single-family homes to be constructed on the Subject Property to the water main of the City located within the Morse Street right-of-way in accordance with City Code. Such connection to City water shall occur in conjunction with a permit to build each single-family home. The Owner shall pay all City permit and connection fees in full force and effect, pursuant to the City Code, at the time of the connection of the Subject Property to the water main. The Owner shall abandon any existing well(s) servicing the property upon connection to the City’s water system as in accordance with Section 74-233 of the City Code. 8. WATER UTILITY RATE. Notwithstanding any provision of the City Code to the contrary, the water rate/cost for City water provided to the Subject Property shall be based upon the same rate/cost that is charged to owners of real estate within the City. 9. SANITARY SEWER FACILITIES. The Owner shall connect the Subject Property to the sanitary sewer line located in the Morse Street right-of-way in accordance with conditions established by the Wheaton Sanitary District. Such connection to the sanitary sewer shall occur in conjunction with a permit to build each single-family home. The Owner shall pay all permit and connection fees in full force and effect at the time of the connection of the Subject Property to the sanitary sewer line. The City agrees to cooperate in obtaining such permits as may be required from time to time by both Federal, State, Municipal law, including, without limitation, the Illinois Environmental Protection Agency and the Wheaton Sanitary District. 10. FIRE PROTECTION. The City shall furnish fire protection at a rate of S.296 per S 100 of assessed valuation per residential unit per year with assessed valuation determined by the Township Assessor on an annual basis. The payment for said fire protection service shall be made to the City on an annual basis and within thirty (30) days of receipt by the Owner of an invoice from the City. The fire protection rate shall remain in place until such time as the Subject Property is annexed to the City or the City establishes an alternative rate/fee for the area surrounding the Subject Property. 11. CITY ADDRESS. Upon the passage of the ordinance annexing the Subject Property, Owner shall, forthwith, change the address of the Subject Property from the current County address to a City address as directed by the City. 12. FUTURE PUBLIC IMPROVEMENTS. Owner understands that the City customarily requires the Owner of real estate being annexed to the City to install various public improvements as required by the City Code, including, but not limited to, sanitary sewer mains, water mains, streets, sidewalks, and street lighting (‘public improvements”) within and/or adjacent to the property to be annexed to the City. At this time, however, the City agrees it would not be in the City’s best interest to require the Owner to construct the public improvements along the Morse Street frontage of Subject Property without a unified construction effort along Morse Street. In lieu of the Owner constructing the public improvements at this time, the Owner agrees that should the City construct public improvements along Morse Street fronting the Subject Property, the Owner shall pay their fair share of costs of the design and construction of said public improvements. 13. CONDITION OF PUBLIC IMPROVEMENTS. The City shall have no obligation of any kind with respect to the public improvements presently existing within and adjacent to the Subject Property. Once the Subject Property is annexed to the City, the City shall maintain the public improvements within and adjacent to the Subject Property in the customary manner in which it maintains public improvements. 14. PLAT OF ANNEXATION. The Owner shall provide to the City a Plat of Annexation once the Subject Property becomes contiguous to the City. 15. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinances, codes, or regulations of the City which may be in conflict with the provisions of this Agreement. 16. AMENDMENT OF PRE-ANNEXATION AGREEMENT. This Agreement may be amended pursuant to the provisions of the City Code, Zoning Ordinance and Illinois Municipal Code.  17. TERM OF AGREEMENT. This Agreement shall be binding upon the parties hereto, their respective successors and assigns for a full term of twenty (20) years from the date of this Agreement. 18. BINDING EFFECT. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators, assigns, successors, and grantees. This Agreement shall be recorded at the Owner’s expense by the City Clerk and all provisions hereof shall be a covenant running with the land. If this Agreement expires or is detennined invalid for any reason whatsoever and the Subject Property has not been annexed to the City prior to the expiration or declaration of invalidity, the City shall have no obligation, and the Owner shall have no right to the continued provision of sewer and/or water by the City, unless the Owner enters into a new pre-annexation agreement acceptable to the City at that time. The Owner acknowledges and covenants that in absence a written contract, obligating the City to provide sewer and/or water, the City shall have no obligation to provide the Subject Property with either or both, despite the costs incurred by Owner in the extension, connection or maintenance of water and/or sewer utilities. 19. NOTICES. Notices or other writings which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: Owner: Chicago Title Land Trust Company, as Trustee Trust No. 6507, dated November 12, 1982 Grantee under Trust: Airhart Construction 500 East Roosevelt Road West Chicago, Illinois 601 85; and City: City Manager City of Wheaton 303 West Wesley Street, Box 727 Wheaton, Illinois 60 189-0727 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the date first above written. City of Wheaton, an Illinois Owner Municipal Corporation By: By: Mayor ATTEST: ATTEST: City Clerk  EXHIBIT A çga1 Description of Subject Property LOT 4 AND 5 IN BLOCK 4 iN PURNELL GARDENS, BEfNG A SUBDIVISION IN THE EAST Y2 OF SECTION 8, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 7, 1925 AS DOCUMENT 197513. IN DUPAGE COUNTY, ILLINOIS. 0N468 Morse Street, Wheaton, Illinois 60187; P.I.N. 05-08-214-014 0N474 Morse Street, Wheaton, Illinois 60187; P.I.N. 05-08-214-013  WHEATON CITY COUNCIL PUBLIC HEARING MONDAY, MAY 9, 2016 ZONING APPLICATION #16-08 I. Call to Order and Roll Call The public hearing of the Wheaton City Council was called to order at 7:00 p.m. The public hearing was held in the Council Chambers, Wheaton City Hall, 303 W. Wesley Street, Wheaton, Illinois. Upon roll call, the following were: Present: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Councilman Saline Councilman Scalzo Councilman Suess Absent: Mayor Gresk City Staff Present: Michael G. Dzugan, City Manager John Duguay, Assistant City Manager Paul Redman, Director of Engineering Vince Laoang, Director of Public Works Robert Lehnhardt, Director of Finance James Kozik, Director of Planning & Economic Development Sarang Lagvankar, Senior Project Engineer Susan Bishel, Public Relations Coordinator Councilman Saline moved and Councilman Scalzo seconded to appoint Councilman Suess as Mayor Pro Tem. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Nays: None Absent: Mayor Gresk Motion Carried Unanimously II. Public Hearing – ZA #16-08/ Pre-Annexation/ 0N468 & 0N474 Morse Street/ Airhart Construction A. Presentation City Manager Dzugan stated the City Council was acting as the hearing body for a requested pre- annexation agreement for two proposed single-family homes. The City’s past practice has been to enter into a pre-annexation agreement for properties like these, which are close in proximity to City limits but not contiguous. Once the properties become contiguous, they could become annexed into the City.  City Council Public Hearing May 9, 2016 Page 2 Court Airhart, 500 E. Roosevelt Road, stated there are two lots on Morse Street for which Airhart Homes would like to enter into a pre-annexation agreement so that two single-family homes it plans to build can access City water service. In response to Mayor Pro Tem Suess’ question, Mr. Airhart stated he has applied for sewerage treatment service through Wheaton Sanitary District and building permits with DuPage County. B. Public Comment There were no public comments. C. Council Comment In response to Councilman Rutledge’s question, Mr. Airhart stated the house that previously occupied these properties was removed in 2004 or 2005. City Manager Dzugan answered Councilman Rutledge’s question about the likelihood of these properties being annexed by stating that the lots are two lots south of the closest incorporated property, so there are not many properties that would need to be annexed before these two properties would be contiguous to City limits. In response to Councilman Rutledge’s question, City Attorney Knippen stated if the pre-annexation agreement expires before the properties are annexed, the City can disconnect water service to the properties. II. Adjournment Councilman Scalzo moved and Councilman Rutledge seconded a motion to close the public hearing at 7:05 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Nays: None Absent: Mayor Gresk Motion Carried Unanimously The meeting was adjourned at 7:05 p.m. Respectfully submitted, Susan Bishel Public Relations Coordinator