Public Notices & Hearings

1. City Council Public Hearing Agenda Documents: 2017-07-10 CITY COUNCIL PUBLIC HEARING AGENDA.PDF 2. City Council Public Hearing ZA Number 17-13 Documents: 2017-07-10 CITY COUNCIL PUBLIC HEARING ZA NUMBER 17-13.PDF 3. City Council Public Hearing Minutes Documents: 2017-07-10 CITY COUNCIL PUBLIC HEARING MINUTES.PDF  CITY OF WHEATON, ILLINOIS CITY COUNCIL PUBLIC HEARING MONDAY, JULY 10, 2017 CITY COUNCIL CHAMBERS 303 WEST WESLEY STREET 7:00 P.M. AGENDA Call to Order and Roll Call II. Public Hearing ZA #17-13/ Annexation! 2011 N. Stoddard Avenue/ Nielsen - a. Presentation b. Public Comment c, Council Comment Ill. Adjournment  MEMORANDUM TO: The Honorable Mayor and City Council FROM: Paul G. Redman, Director of Engineering Tracy L. Jones, Staff Planner DATE: July 6, 2017 SUBJECT: ZA # 17-13/ Annexation! 2011 North Stoddard Avenue/ Nielsen On Monday, July 10, 2017, the City Council, acting as a hearing body, will conduct a public hearing regarding a petition for annexation of a 30,000 square foot parcel of land located at 2011 North Stoddard Avenue and rezoning of the subject property to the R-2 Residential District in order to connect to City water and sewer. The existing house would be demolished and a new house constructed on the subject property. A copy of the plat of annexation is attached as Exhibit A, a copy of the draft Annexation Agreement is attached as Exhibit B and a copy of the proposed site plan is attached as Exhibit C. BACKGROUND INFORMATION Applicant: Erik W. Nielsen and Christy J. Harrison Schaefer, 2011 N. Stoddard Avenue, Wheaton, IL 60187 Subject Property: 2011 North Stoddard Avenue, Wheaton, IL 60187 Parcel Size: 30,000 square feet Proposed Zoning: R-2 Residential District Comprehensive Plan: Residential Surrounding Conditions: North: Single-Family Residential! DuPage County South: Single-Family Residential! DuPage County East: Single-Family Residential! R-3 Residential West: Single-Family Residential/ R-2 Residential PLANNING DEPARTMENT CONCERNS AND COMMENTS SITE PLAN The applicant is requesting annexation of a 30,000 square foot parcel of land located at 2011 North Stoddard Avenue and rezoning of the subject property to the R-2 Residential District in order to connect to City water and sewer. The existing house would be demolished and a new house constructed on the subject property. With a lot size of 30,000 square feet, the subject property exceeds the lot size requirement of 14,000 square feet in the R-2 Residential District. The property is designated as residential by Wheaton’s Comprehensive Plan. BUILDTNG ELEVATIONS The applicant submitted preliminary building elevations as part of their annexation petition. A copy of the building elevations is attached as Exhibit D. The house meets all of the bulk regulations in the R-2 Residential District. ENGINEERING DEPARTMENT CONCERNS AND COMMENTS The subject property does not contain a floodplain or a wetland pursuant to the regulatory maps used for such determinations. The proposed grading of the property must meet with the site grading requirements of the City for new single-family home construction. Staff will review the proposed site as part of the building permit process for the property. City sanitary and storm sewers, and a city water main exist adjacent to the site and are available to serve the new home. Stoddard Avenue adjacent to the site is a City street improved to rural roadway standards. City Code requires full urban street improvements for annexations and subdivisions. Previously, the City Council varied these requirements for Stoddard Avenue for the McKenzie Place annexation and subdivision. Sidewalks do not exist along the frontage of the subject property. Section 58-74 of the City Code requires the installation of public sidewalks for a new home, or if in the opinion of the Director of Engineering a sidewalk is not appropriate, a sidewalk construction fee shall be donated to the City. Since sidewalks do not exist along the east side of Stoddard, City staff is requesting a sidewalk donation from the applicant. The property is subject to a recapture agreement between the City and Airhart Construction for the public improvements installed along Stoddard Avenue as part of the Mackenzie Place development. This recapture fee is payable to the City at the time of annexation of the property. RECOMMENDATION The proposed annexation will 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 annexation, as presented in the attached annexation agreement.  TARTAN CT LJi 2025 c’J 2112 2038 r 4 2021 2034 . 2015 2026 > C 2 2011 7018 I C I C, I 201 2007 2012 T 2003 1 1221 1305H3i11321 rALY RD L) )25 1010 i04 1928 1927 1222 1300 1926 1917 19_ - 11925 ‘1918 1911 t n 1 in  P%3 2021 2015 4 L. 4 2011 C V 2007 4 2003 )ALV RD 1927 1222 p1925 _;zI.Zfl11 /77 // C ‘7 / a’ / 7 // // // m Eli >< I cc -H icj0IiJVXEINNV soj’flJ  EXHIBIT B ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT, made and entered into this day of 2017 among the City of Wheaton, Illinois, an Illinois corporation, located in DuPage County, State of Illinois (“City”), and Erik W. Nielsen and Christy J. Harrison Schaefer (“Owners”). WITNESSETH WHEREAS, the Owners have an interest in or controls the real estate comprised of a parcel of property approximately .69 acres in size, a description of which is set forth on the Plat of Annexation, marked as Exhibit “A”, which is attached to and made a part of this Agreement (the real estate will hereafter be referred to in its entirety as “Subject Property”). WHEREAS, the Subject Property is contiguous to the corporate limits of the City; and WHEREAS, it is the desire of the Owners that all of the Subject Property be annexed to the City under the terms and conditions of this Agreement; and WHEREAS, the Owners desire to construct a single-family residence on the Subject Property substantially in accordance with and pursuant to the preliminary plan prepared by Carradus Land Survey, Inc., Sheet 1-3 dated January 25, 2017 and Sheets A1.1, A1.2, A1.3, A2.1 and A2.2 dated May 17, 2017, hereinafter referred to as “Building Plans” which are attached to and incorporated into this Agreement as Exhibit “B”; and WHEREAS, the City has concluded that annexation of the Subject Property under the terms and conditions of this Agreement would ftirther 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, pursuant to the provisions of Section 6.1, et.seq. of the Wheaton City Code and applicable provisions of the Illinois Compiled Statutes and Illinois Constitution, a proposed annexation agreement in substance and form of the same as this Agreement was submitted to the Wheaton City Council, and a public hearing was held thereon pursuant to notice as provided by law; and WHEREAS, the City has had such hearings and heard such testimony as prescribed by law with respect to the annexation and requested zoning classification of R-2 Residential District; and WHEREAS, notice has been duly served in the manner provided by statute on the appropriate governmental entities and an affidavit that service of said notice has been duly served has been placed on record with the Recorder of Deeds, DuPage County, Illinois. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, together with other good and valuable consideration, the receipt of which the parties acknowledge, 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 Wheaton City Code and applicable provisions of the Illinois Compiled Statutes and Illinois Constitution. 2. PETITION TO ANNEX. The Owners have filed with the Clerk of the City, a petition pursuant to the provisions of Section 7-1-8 of the Illinois Compiled Statues [65 ILCS 5/7-1-8], conditioned upon the signing of this Agreement, to annex the Subject Property to the City. The petition is attached to, and incorporated in, this Agreement as Exhibit “C”. This Agreement in its entirety, together with the 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 hereinafier set forth and amended. 7  3. ANNEXATION ORDINANCE. Immediately upon the complete signing of this Agreement, the City Council will enact an ordinance annexing the Subject Property to the City. 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 Map which is part of the Zoning Ordinance of the City and the Comprehensive Plan of the City, zoning and classifiing the Subject Property in the R-2 Residential zoning district. 5. SANITARY SEWER FACILITIES. The Owners shall connect the new single family residence on the Subject Property to the sanitary sewer main of the City located within the Stoddard Avenue right-of-way. The Owners shall pay all 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 sewer main. The Owners shall abandon the existing septic system servicing the property upon connection to the sewer main, in accordance with the requirements of the DuPage County Health Department. If the owners decide not to demolish the existing residence or construction of the new single-family residence is delayed, the existing residence shall be connected to the City’s sewer main within two years from the date of this agreement. 6. STORM WATER FACILITIES. The Owners agree to design and construct suitable storm water facilities for the Subject Property which comply with the requirements and standards contained in Chapter 34 of the Wheaton City Code and all other applicable Federal, State, and local statutes and ordinances governing storrnwater management. 7. WATER FACILITIES. The Owners shall connect the new single family residence on the Subject Property to the water main of the City located within the Stoddard Avenue right of-way in accordance with City Code. The Owners 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 Owners shall abandon the existing well servicing the property 3 upon connection to the water system, in accordance with the requirements of the DuPage County Health Department. If the owners decide not to demolish the existing residence or construction of the new single-family residence is delayed, the existing residence shall be connected to the City’s water main within two years from the date of this agreement. 8. RECAPTURE AGREEMENT. As a benefited property identified in a Recapture Agreement dated February 5, 2007 between the City of Wheaton and Airhart Construction, the Owners shall be required to contributed their pro rata share toward the cost of certain public improvements as further described in the Recapture Agreement which is attached to and incorporated into this Agreement as Exhibit “D”. 9. BUILDING PLANS. The Owners shall be required to submit to the City, plans for the new single-family residence to be constructed on the Subject Property. A building permit must be obtained and the appropriate permit fee paid as required by the Wheaton City Code. 10. STOP ORDERS. The City reserves the right to terminate and stop all activities at the job site, with written notice, to correct a situation which presents a direct hazard to the public health, safety, and welfare. Any such stop work order shall be issued in accordance with the provisions of the Wheaton City Code and adopted Building Codes. 11. ANNEXATION AND PERMIT FEES. The amount of the permit, license, tap-on or connection fees imposed by the City which are applicable to or required to be paid by the Owners or successor Owners, contractors, subcontractors, material men, or others performing work or supplying materials in connection with the development or construction of improvements on the Subject Property shall be the amount or rate of said fees in effect at the time of application for same. 12. TREE PRESERVATION. Prior to the issuance of a Site Development Penriit, the Owners shall comply with the Tree Preservation requirements as set forth in Section 6.11 of the 4 Wheaton Zoning Ordinance, subject to the provisions of the Site Plans and the terms of this Agreement. The Owners shall cause to be planted street trees planted in accordance with Section 62-294 of the Wheaton City Code and subject to the approval of the Director of Engineering. 13. CONFLICT IN REGULATIONS. The provisions of this Annexation Agreement shall supersede the provisions of any ordinances, codes, or regulations of the City which may be in conflict with the provisions of this Annexation Agreement. 14. AMENDMENT OF ANNEXATION AGREEMENT. This Annexation Agreement, and any exhibit attached hereto, may be amended pursuant to the provisions of Chapter 6 of the City Code. 15. TIME OF THE ESSENCE. Time is of the essence of this Agreement. 16. INVALIDITY. If any provision of this Annexation Agreement, or any section, sentence, clause, phrase, or word, or the application thereof in any circumstances, is held invalid, the validity of the remainder of this Annexation Agreement and the application of such provision, section, sentence, clause, phrase, or word in any other circumstances shall not be affected thereby. 17. TERM OF AGREEMENT. This Annexation Agreement shall be binding upon the parties hereto, their respective successors and the assigns for a full term often (10) years from the date of this Agreement. 18. INDEMNIFICATION. Owners shall indemnify and hold the City hanTiless from all injuries to persons and property which arise due to the actions of the Owners, its agents, assigns, employees, contractors, and subcontractors. Owners shall indemnify and hold the City harmless from all causes of action, suits, judgments, settlements, legal fees, and all other costs which maybe incurred by the City as a result of its actions and conduct. The Owners shall 5 provide the City with certificates of insurance as required by any Subdivision Improvement Agreement hereafter entered between the City and the Owners. 19. BINDING EFFECT. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators, assigns, successors, and grantees. 20. 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: A. Erik W. Nielsen and Christy J. Harrison Schaefer 2011 N. Stoddard Avenue Wheaton, IL 60187 B. City of Wheaton. CityClerk City of Wheaton 303 West Wesley Street Wheaton, IL 60189-0727 21. RECORDING. This Agreement shall be recorded in the Office of the Recorder of Deeds, DuPage County, Illinois at the expense of the Owners. 22. DEMOLITION OF EXISTING STRUCTURE. The demolition of the existing residence located on the Subject Property shall be authorized by this Agreement. Demolition of the existing residence, however, shall be carried out in conformance with Wheaton City Code Chapter 22, Article XIV, with the exception that the Owners shall not be required to wait 30 days prior to commencing demolition from the date of submitting a demolition permit application to the Building and Code Enforcement Department, and shall not be required to hold a “neighbor meeting” at least 30 days prior to submitting an application for building demolition. The Owners shall provide written notice to adjacent property Owners prior to the building demolition. 6  23. SIDEWALK. The Owners shall pay to the City a sidewalk contribution equal to 100 percent of the cost of constructing a public sidewalk along the Stoddard Avenue frontage of the Subject Property in lieu of the installation of said public sidewalk, in accordance with Section 58-74(a) of the Wheaton City Code. The cost shall be determined by the Director of Engineering and payment of same shall be made at the time of application of a building permit. 24. FUTURE PUBLIC IMPROVEMENTS. Owners understand that the City customarily requires the Owners of real estate being annexed to the City to install various public improvements as required by the City Code, including, but not limited to, full street improvements, 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 Owners to construct the public improvements along the Stoddard Avenue frontage of the Subject Property without a unified construction effort along Stoddard Avenue. In lieu of the Owners constructing the public improvements at the time of annexation, the Owners agree that should the City construct public improvements along Stoddard Avenue fronting the Subject Property, the Owners shall pay their fair share of costs of the design and construction of said public improvements. 25. CONDITION OF PUBLIC IMPROVEMENTS. The City shall have no obligation of any kind with respect to the public improvements presently existing within Stoddard Avenue adjacent to the Subject Property. Once the Subject Property is annexed to the City, the City shall maintain the public improvements within Stoddard Avenue adjacent to the Subject Property in the customary manner in which it maintains public improvements. 7  [N WITNESS WHEREOF, the Corporate authorities and Owners have hereunto set their hands and seals, and have caused this instrument to be executed by their duly authorized officials and the Corporate seal attached here, all on the day and year first above written. By MAYOR ATTEST: CITY CLERK OWNERS ATTEST: 8  EXHIBIT A PLAT OF ANNEXATION 9  EXHIBIT B BUILDING PLANS 10  EXHIBIT C PETITION FOR ANNEXATION 11  EXHIBIT D RECAPTURE AGREEMENT 12  __________ __ ___________ Ij DNI a Q00VD 14 tool 11 - 01013)5 10 0403 1041. 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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: Councilman Barbier Councilwoman Fitch Councilman Rutledge Councilman Scalzo Councilman Suess Absent: Mayor Gresk Councilman Prendiville City Staff Present: Michael Dzugan, City Manager John Duguay, Assistant City Manager Paul Redman, Director of Engineering James Kozik, Director of Planning & Economic Development Councilman Rutledge moved and Councilman Scalzo moved to appoint Councilman Suess as Mayor Pro Tem. Roll Call Vote: Ayes: Councilman Barbier Councilwoman Fitch Mayor Pro Tem Suess Councilman Rutledge Councilman Scalzo Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously II. Public Hearing – Zoning Application #17-13/ Annexation/ 2011 N. Stoddard Avenue/ Nielsen A. Presentation Eric W. Nielsen, 2011 Stoddard Avenue, Wheaton, stated he and Christy Harrison Schaefer purchased this 100-by-300-foot lot on which a small house currently sits. He stated the house is in a dilapidated condition, and he has submitted plans to remove the current home and build a new single-family home  City Council Public Hearing July 10, 2017 Page 2 on the site. The plan as submitted was for a five-bedroom house, but the applicant would like to revise the plans to a smaller footprint for a four-bedroom house. In response to Mayor Pro Tem Suess’s question about the process the Council will follow, City Manager Dzugan stated the City Council has received a draft annexation agreement. Following the public hearing, the City would most likely prepare an ordinance approving the annexation agreement for the Council’s formal consideration at its July 17 meeting. B. Public Comment Dave Manschot, 2038 N. Summit Street, stated his property is about two lots north and one behind Stoddard Avenue. He expressed concern that a larger home being built on this lot could increase drainage problems. He stated several properties behind the subject property currently have standing water that doesn’t drain. He stated when Lindsey Court was developed, not all of the excess dirt was removed from the property, and this worsened drainage problems for surrounding properties. He stated he supports the redevelopment of this property and would like to see a new house built there, but he wants to make sure this doesn’t make drainage problems worse for surrounding properties. Mayor Pro Tem Suess requested that Director of Engineering Redman respond to Mr. Manschot’s concerns about flooding. Director of Engineering Redman stated the City has not yet completed a building permit review of the subject property, but the grading plan submitted is generally compliant with the City’s provisions that it will not block the flow of water. He stated the condition Mr. Manschot is referring to is a depressional area that has existed for a long time, and there is nothing in this plan that will make the condition worse or improve it. C. Council Comment In response to Councilman Rutledge’s question about the proposed recapture agreement, City Manager Dzugan confirmed that the recapture funding is paid to the City, and the City reimburses the developer for improvements made. Councilman Barbier stated the site and grading plans show a net new impervious of 3638 square feet, which would not require any additional action from DuPage County Stormwater or the City because it is not a large project. He stated he thinks it might be a good idea to capture some of the revenues created from new rezoning when there is a net new impervious of double the existing. Director of Engineering Redman stated that amount of net new impervious does trigger a provision in the Countywide ordinance that requires the development to have a stormwater management or best management practice for the additional imperviousness. This applies for any lot in Wheaton for anything over 2,500 square feet of additional imperviousness. In response to Mayor Pro Tem Suess’s question, Director of Engineering Redman confirmed that this requirement related to stormwater is a measurement of the impervious area of the new building minus what was previously on the property.  City Council Public Hearing July 10, 2017 Page 3 II. Adjournment Councilman Scalzo moved and Councilman Rutledge seconded a motion to close the public hearing at 7:11 p.m. Roll Call Vote: Ayes: Councilman Barbier Councilwoman Fitch Mayor Pro Tem Suess Councilman Rutledge Councilman Scalzo Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously The meeting was adjourned at 7:11 p.m. Respectfully submitted, Susan Bishel Public Relations Coordinator