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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: __!. 8.
Resolution No. 23-R-0002 — Formal Opposition to the
Kerry Farms Rezoning in DuPage County FILE NUMBER:
COMMITTEE AGENDA DATE: N/A
COUNCIL AGENDA DATE: January 16,
2023
STAFF REVIEW: SIGNATURE
APPROVED BY CITY ADMINISTRATOR: SIGNATURE
ITEM SUMMARY:
Dr. Sheahan has petitioned DuPage County to rezone a portion of his property at 28W461 Roosevelt
Road (Winfield) from R-2 Single-family Residential to B-2 General Business. This property is subject to a
Pre-annexation Agreement with the City of West Chicago that would call for ER-2 Zoning upon
annexation, which is inconsistent with his rezoning request. The City’s Comprehensive Plan, adopted
last year, also calls for this area to be single-family residential in nature.
Additionally, it is imminent that this property would soon be annexed to West Chicago; the City has
completed its corridor annexation with the Forest Preserve District, which means that the Trillium Farms
Subdivision would be annexed once all of the lots are sold; only five or so lots remain unsold, so it is
highly likely that this annexation would occur this year. All but two of the properties that pre-annexed at
the time of the parcel in question would then be annexed to West Chicago once the City Council adopts
the requisite Ordinance.
By approving the attached Resolution, this formal objection would require a supermajority vote of the
DuPage County Board to approve the rezoning request.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution No. 23-R-0002.
COMMITTEE RECOMMENDATION:
Formal objections to County Zoning requests are not subject to Committee review.

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RESOLUTION NO. 23-R-0002
RESOLUTION IN OPPOSITION TO A PROPOSED REZONING
OF THE PROPERTY LOCATED AT 28W461 ROOSEVELT ROAD, WINFIELD, IL
IN UNINCORPORATED DUPAGE COUNTY
WHEREAS, the City of West Chicago (“City”) is a body politic and corporate, organized
and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and
WHEREAS, the City has been advised that a Petition for rezoning has been filed with the
Zoning Board of Appeals of DuPage County for the property located at 28W461 Roosevelt
Road, Winfield, IL 60185, identified by PIN 04-23-101-038 (“Subject Property”) and designated
as Zoning Petition No. 22-000059 Kerry Farms; and
WHEREAS, the Petitioner seeks to rezone the Subject Property from DuPage County
Zoning District R-2 Single Family Residential to B-2 General Business, which would allow use
of the Subject Property for business purposes under the DuPage County Zoning Ordinance; and
WHEREAS, that County’s approval of the Petition for rezoning is not supported by the
existing uses and zoning of nearby property, and does not reflect the recent trend of development
in the immediate area of unincorporated DuPage County, which is best shown by the DuPage
County Board’s adoption of Ordinance DC-O-0021-20, granting a conditional use for the
Planned Development identified as the Trillium Development, which approved the construction
of 84 single family residences; and
WHEREAS, the Subject Property is located within 1 % miles of the City’s municipal
boundary and the future City Zoning of the Subject Property is contemplated in the City’s
Official Comprehensive Plan and Future Land Use Map, adopted by the City Council on January
18, 2022; and
WHEREAS, the City’s Future Land Use Map sets forth the zoning of the Subject
Property as Residential; and
WHEREAS the Subject Property is governed by a Pre-Annexation Agreement between
the City and with various property owners, including the owner of the Subject Property, which
was last recorded in 2007; and
WHEREAS, the property owners executing the Pre-Annexation Agreement with the City
stated their intent to retain residential zoning on all of the property subject to the Pre-Annexation
Agreement, which includes the Subject Property; and

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WHEREAS, the proposed rezoning of the Subject Property is not consistent with the
City’s Official Comprehensive Plan and Future Land Use Map, and is not consistent with the
agreement on future zoning that the property owners sought and secured in the Pre-Annexation
Agreement; and
WHEREAS, annexation of the Subject Property to the City is imminent, and will occur
most likely in 2023 immediately after the City annexes the Trillium Development, which
annexation will occur when the last of five lots in the Trillium Development is sold; and
WHEREAS, upon annexation of the Trillium Development, contiguity to the Subject
Property and to all other property subject to the 2007 Pre-Annexation Agreement will exist, and
all property identified in the Pre-Annexation Agreement will be annexed: and
WHEREAS, that grant of the rezoning is inconsistent with the terms of the Pre-
Annexation Agreement executed by the owners of the property subject to the Pre-Annexation
Agreement, where the owners expressed their desire to retain residential zoning upon annexation
to the City; and
WHEREAS, the terms of the Pre-Annexation Agreement are covenants running with the
land and are binding on all parties and successor owners of all property subject thereto, including
the Subject Property; and
WHEREAS, the terms of the Pre-Annexation Agreement are contractual, and subject to
enforcement by the City and all other parties to the Pre-Annexation Agreement; and
WHEREAS, the Corporate Authorities find it necessary and in the best interests of the
City and its residents to authorize the filing of a formal objection to the Petition for Zoning, and
the taking of all other steps necessary, including litigation if required, to secure compliance with
the Pre-Annexation Agreement.
NOW, THEREFORE, BE IT RESOLVED BY the Corporate Authorities of the City of
West Chicago, Illinois, as follows:
SECTION 1: The foregoing recitals are adopted as part of this Resolution.
SECTION 2: The Corporate Authorities oppose the grant of the rezoning sought in
DuPage County Zoning Petition No. 22-000059 Kerry Farms and request that the DuPage
County Board deny the Petition for Rezoning.

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SECTION 3: City staff is hereby authorized and directed to take all other, further
necessary steps to object to the Petition for Rezoning and to secure compliance with the Pre-
Annexation Agreement, including the filing of any needed litigation.
SECTION 4. The City’s Executive Assistant is hereby directed to immediately file a
certified copy of this Resolution with the County Clerk for the County of DuPage, as well as
copies with the DuPage County Board, the DuPage County Planning Department, and to mail a
copy of this Resolution to counsel for the Petitioner, Mark Daniel, Daniel Law Office, P.C.,
17W733 Butterfield Road, Unit F, Oakbrook Terrace, Illinois 60181.
SECTION 5: This Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
APPROVED AND ADOPTED this 16th day of January 2023.
AYES:
NAYS: |
ABSTAIN: ___
ABSENT: ___
Ruben Pineda, Mayor
ATTEST:
Valeria Perez, Executive Assistant