===== PDF PAGE 34 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: Trillium Farm AGENDA ITEM NUMBER: 4.0. Zoning Map Amendment — ER-1 to R-5 Zoning Variances FILE NUMBER: Ordinance No. 24-0-0031 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE >. APPROVED BY CITY ADMINISTRATOR: Michael SIGNATURE Guttman ITEM SUMMARY: Trillium Farm residential subdivision consists of 84 single-family home lots. The development was approved in 2020 by DuPage County and construction of the subdivision and all of the homes was completed summer 2024. Following completion of the development, the subdivision was annexed to the City of West Chicago on August 19, 2024 in accordance with a Pre-Annexation Agreement between the City and the developer, Pulte Homes. According to the pre-annexation agreement, the City shall conduct a public hearing after the annexation to consider the reclassification of the property from ER-1 Estate Residence to R-5 Single-Family Residence and the approval of zoning variations for certain setbacks and lot coverage. Per Article V of the Pre-Annexation Agreement, the City shall conduct a public hearing to consider the passage of an ordinance amending the Zoning Map to reclassify the property from ER-1 Estate Residence to R-5 Single-Family Residence with zoning variances based on improvements that were previously approved by DuPage County, including: 1. A variance to allow a side yard setback of six (6) feet for all of the lots in lieu of the minimum required side yard setback equal to 10 percent for each lot; 2. A variance to allow a rear yard setback of 25 feet for lots 9-84 in lieu of the minimum required rear yard setback of 30 feet. 3. A variance to the allow a rear yard setback of 0 feet for lots 1-8 in lieu of the minimum required rear yard setback of 30 feet. 4. A maximum lot coverage of 65 percent for all of the lots in lieu of the maximum allowable lot coverage of 40%. At their September 4'" meeting, members of the Plan Commission voted unanimously (5-0, with two absent) in support of the Zoning Map Amendment and the Zoning Variances ACTION PROPOSED: Discuss and recommend approval of the Zoning Map Amendment from ER-1 Estate Residence to R-5 Single-Family Residence and the Zoning Variances. COMMITTEE RECOMMENDATION: Attachments: Draft Zoning Map Amendment Ordinance Draft Zoning Variances Ordinances PC Reports ===== PDF PAGE 35 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 24-0-0030 AN ORDINANCE REZONING THE TRILLIUM FARM RESIDENTIAL SUBDIVISION FROM ER-1 ESTATE RESIDENCE TO R-5 SINGLE-FAMILY RESIDENTIAL EAST OF PURNELL ROAD AND SOUTH OF GARY’S MILL ROAD WHEREAS, on August 3, 2020, the City of West Chicago (the “City”) approved Resolution 20-R-0045, entering into a Pre-Annexation Agreement (the “Agreement”) with Pulte Home Company, LLC (the “Developer”) and Chicago Title Land Trust Company as successor Trustee to LaSalle Bank National Association, as Successor Trustee to American National Bank and Trust Company Chicago, as Trustee under a Trust Agreement dated February 25, 1987 and known as Trust No. 1029 (the “Owner”); and, WHEREAS, the Agreement, among other things, provides for the eventual annexation of the 34.97 acre residential subdivision know as Trillium Farm (the “Property”), legally described on Exhibit “A”, attached hereto and made a part of; and, WHEREAS, the Property was annexed by the City of West Chicago on August 19, 2024 according to Ordinance 24-O-0025; and, WHEREAS, per Article V of the Pre-Annexation Agreement, the City shall conduct a public hearing to consider the passage of an ordinance amending the Zoning Map to reclassify the property from ER-1 Estate Residence to R-5 Single-Family Residence; and, WHEREAS, a Notice of Public Hearing on the zoning variances on the Property was published in the Daily Herald on August 19, 2024, all as required by the ordinances of the CITY and the statutes of the State of Illinois; and, WHEREAS, all other notices required by law have been given; and, WHEREAS, a public hearing was conducted by the Plan Commission/Zoning Board of Appeals of the City of West Chicago on September 4, 2024, pursuant to said Notice; and, WHEREAS, the corporate authorities of the CITY have received the recommendation of the Plan Commission/Zoning Board of Appeals, which contains specific findings of fact, pursuant to Recommendation No. 24-RC-0011, a copy of which is attached hereto as Exhibit “B” which is, by this reference, made a part hereof. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, DuPage County, Illinois, in regular session assembled, as follows: Section 1. That the Property is hereby rezoned from the ER-1 Estate Residence District to the R-5 Single-Family Residence District zoning classification. Section 2. That the recommendation and findings of fact of the Plan Commission/Zoning Board of Appeals previously incorporated herein as Exhibit “B” be and the same are hereby adopted as the findings of fact of the City Council. Ordinance 24-O-0030 Page 1 of 5 ===== PDF PAGE 36 ===== [Extraction: OCR (rendered-page OCR)] Section 3. That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this day of , 2024. Alderman D. Beebe ee Alderman L. Chassee _ Alderman J. Sheahan _ Alderman H. Brown _ Alderman A. Hallett ee Alderman C. Dettmann ee Alderman M. Birch-Ferguson_ Alderman S. Dimas _ Alderman J. Smith, Jr. 7. Alderman C. Swiatek _ Alderman R. Stout _ Alderman J. Short _ Alderman J. Morano ee Alderman J. Banas ee APPROVED as to form: City Attorney APPROVED THIS day of , 2024. Mayor Ruben Pineda ATTEST: Executive Office Manager Valeria Perez PUBLISHED: Ordinance 24-O-0030 Page 2 of 5 ===== PDF PAGE 37 ===== [Extraction: OCR (rendered-page OCR)] Exhibit “A” SUBJECT PROPERTY LEGAL DESCRIPTION Lots 37 through 55, and outlots B, C, And D, of the Final Plat of Subdivision for Trillium Farm Phase 1, being a part of the north half of Section 23, Township 39 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded July 29, 2020 as document R2020-081360, in Dupage County, Illinois. Lots 1 through 8, lots 30 through 36, and lots 56 through 84 of the Final Plat of Subdivision for Trillium Farm Phase 2, being a part of north half of Section 23, Township 39 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded July 30, 2021 as document R2021-115128, in Dupage County, Illinois. Lots 9 through 29 of the Final Plat of Subdivision for Trillium Farm Phase 3, being a part of north half of Section 23, Township 39 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded May 5, 2022 as document R2022-045270, in Dupage County, Illinois. PIN(s): 04-23-102-028; 04-23-102-027; 04-23-102-026; 04-23-102-025; 04-23-102-024; 04-23- 102-023; 04-23-102-022; 04-23-102-021; 04-23-102-050; 04-23-102-049; 04-23-102-048; 04- 23-102-047; 04-23-102-046; 04-23-102-045; 04-23-102-044; 04-23-102-043; 04-23-102-042; 04-23-102-041; 04-23-102-040; 04-23-102-039; 04-23-102-038; 04-23-102-037; 04-23-102-036; 04-23-102-035; 04-23-102-034; 04-23-102-033; 04-23-102-032; 04-23-102-031; 04-23-102-030; 04-23-102-020; 04-23-102-019; 04-23-102-018; 04-23-102-017; 04-23-102-016; 04-23-102-015; 04-23-102-014; 04-23-102-012; 04-23-102-011; 04-23-102-010; 04-23-102-009; 04-23-102-008; 04-23-102-007; 04-23-102-006; 04-23-102-005; 04-23-102-004; 04-23-102-003; 04-23-102-002; 04-23-103-002; 04-23-103-003; 04-23-103-004; 04-23-103-005; 04-23-103-006; 04-23-103-007; 04-23-103-008; 04-23-103-009; 04-23-103-010; 04-23-103-011; 04-23-103-012; 04-23-103-013; 04-23-103-014; 04-23-103-015; 04-23-103-016; 04-23-103-017; 04-23-103-018; 04-23-103-019; 04-23-104-012; 04-23-104-013; 04-23-104-014; 04-23-104-015; 04-23-104-016; 04-23-104-017; 04-23-104-018; 04-23-104-019; 04-23-104-001; 04-23-104-002; 04-23-104-003; 04-23-104-004; 04-23-104-005; 04-23-104-006; 04-23-104-007; 04-23-104-008; 04-23-104-009; 04-23-104-010; 04-23-104-011; 04-23-102-029; 04-23-102-013; 04-23-102-001; 04-23-103-001; and 04-23-104- 020. Ordinance 24-O0-0030 Page 3 of 5 ===== PDF PAGE 38 ===== [Extraction: OCR (rendered-page OCR)] Exhibit “B” RECOMMENDATION # 24-RC-0010 TO: The Honorable Mayor and City Council SUBJECT: PC 24-11 Rezoning from ER-1 Estate Residence to R-5 Single-Family Residence Trillium Farm Subdivision DATE: September 4, 2024 DECISION: A motion to approve the proposed rezoning passed (5-0). RECOMMENDATION After review of the proposed rezoning, the Plan Commission/Zoning Board of Appeals recommends approval. The recommendation is based on the following findings of fact: 1. The existing uses and zoning of the property in question. The subject property is developed with 84 single-family home lots that average roughly 9,000 square feet in size with average lot widths ranging from 50 feet to 60 feet in the ER-1 Estate Residence District. The existing uses and zoning of other lots in the vicinity. The subject property is located in a predominately residential area in unincorporated DuPage County. . Suitability of the property in question for uses already permitted under the existing regula- tions. The existing lots and improvements in the development are not compatible with the ER-1 District. The development was zoned ER-1 following annexation to the City because this is the default zoning district for any property annexed to the City until such time a property is rezoned. The size of the existing lots conforms to the R-5 District rather than the ER-1 District. 4. Suitability of the property in question for the proposed use. The property was approved and developed as a single-family residential subdivision in unincorporated DuPage County. The use of the property as this will not change nor will any of the properties be further subdivided. The trend of development in the vicinity of the property in question, including any recent zoning activity. The trend in the development in the general area will not substantially change and will remain residential. Ordinance 24-0-0030 Page 4 of 5 ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] 6. The effect the proposed rezoning would have on implementation of the Comprehensive Plan. The City’s Comprehensive Plan identifies the property and general surrounding area as single-family residential. 7. Impact on surrounding properties. The proposed rezoning will not affect the surrounding properties. The development has already been approved and constructed while located in unincorporated DuPage County. No changes to the use or development are proposed. 8. Impact on health, safety, or welfare of the community. The proposed rezoning will not have a detrimental impact on the health, safety, nor welfare of the community. The rezoning is to place the development into a zoning district that will make the lots conforming with the Zoning Code. Respectfully submitted, Barbara Laimins Chairperson VOTE: For Against Abstain Absent Henkin Slattery Terrazas Kasprak Banasiak Laimins Billingsley Ordinance 24-O-0030 Page 5 of 5 ===== PDF PAGE 40 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 24-0-0031 AN ORDINANCE GRANTING CERTAIN ZONING VARIATIONS FOR TRILLIUM FARM SUBDIVISION LOCATED ON THE EAST SIDE OF PURNELL ROAD, SOUTH OF GARY’S MILL ROAD WHEREAS, on August 3, 2020, the City of West Chicago (the “City”) approved Resolution 20-R-0045, entering into a Pre-Annexation Agreement (the “Agreement”) with Pulte Home Company, LLC (the “Developer’) and Chicago Title Land Trust Company as successor Trustee to LaSalle Bank National Association, as Successor Trustee to American National Bank and Trust Company Chicago, as Trustee under a Trust Agreement dated February 25, 1987 and known as Trust No. 1029 (the “Owner”); and, WHEREAS, the Agreement, among other things, provides for the eventual annexation of the 34.97 acre residential subdivision know as Trillium Farm (the “Property”), legally described on Exhibit “A”, attached hereto and made a part of; and, WHEREAS, the Property was annexed by the City of West Chicago on August 19, 2024 according to Ordinance 24-O-0025; and, WHEREAS, per Article V of the Pre-Annexation Agreement, the City shall conduct a public hearing to consider the approval of zoning variances on the Property based on improvements that were previously approved by DuPage County; and, WHEREAS, a Notice of Public Hearing on the zoning variances on the Property was published in the Daily Herald on August 19, 2024, all as required by the ordinances of the CITY and the statutes of the State of Illinois; and, WHEREAS, all other notices required by law have been given; and, WHEREAS, a public hearing was conducted by the Plan Commission/Zoning Board of Appeals of the City of West Chicago on September 4, 2024, pursuant to said Notice; and, WHEREAS, the corporate authorities of the CITY have received the recommendation of the Plan Commission/Zoning Board of Appeals, which contains specific findings of fact, pursuant to Recommendation No. 24-RC-0012, a copy of which is attached hereto as Exhibit “B” which is, by this reference, made a part hereof. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, DuPage County, Illinois, in regular session assembled, as follows: Section 1. That the Property is hereby granted the following zoning variances: 1. A variance to allow a side yard setback of six (6) feet for all of the lots in lieu of the minimum required side yard setback equal to 10 percent for each lot; 2. A variance to allow a rear yard setback of 25 feet for lots 9-84 in lieu of the min- imum required rear yard setback of 30 feet. Ordinance 24-O-0031 Page 1 of 5 ===== PDF PAGE 41 ===== [Extraction: OCR (rendered-page OCR)] 3. A variance to the allow a rear yard setback of 0 feet for lots 1-8 in lieu of the min- imum required rear yard setback of 30 feet. 4. A maximum lot coverage of 65 percent for all of the lots in lieu of the maximum allowable lot coverage of 40%. Section 2. That the recommendation and findings of fact of the Plan Commission/Zoning Board of Appeals previously incorporated herein as Exhibit “B” be and the same are hereby adopted as the findings of fact of the City Council. Section 3. That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this day of , 2024. Alderman D. Beebe _ Alderman L. Chassee _ Alderman J. Sheahan _ Alderman H. Brown ee Alderman A. Hallett _ Alderman C. Dettmann ee Alderman M. Birch-Ferguson_ Alderman S. Dimas ee Alderman J. Smith, Jr. _ Alderman C. Swiatek ee Alderman R. Stout ee Alderman J. Short _ Alderman J. Morano ee Alderman J. Banas _ APPROVED as to form: City Attorney APPROVED THIS day of , 2024. Mayor Ruben Pineda ATTEST: Executive Office Manager Valeria Perez PUBLISHED: Ordinance 24-O-0031 Page 2 of 5 ===== PDF PAGE 42 ===== [Extraction: OCR (rendered-page OCR)] Exhibit “A” PROPERTY LEGAL DESCRIPTION Lots 37 through 55, and outlots B, C, And D, of the Final Plat of Subdivision for Trillium Farm Phase 1, being a part of the north half of Section 23, Township 39 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded July 29, 2020 as document R2020-081360, in Dupage County, Illinois. Lots 1 through 8, lots 30 through 36, and lots 56 through 84 of the Final Plat of Subdivision for Trillium Farm Phase 2, being a part of north half of Section 23, Township 39 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded July 30, 2021 as document R2021-115128, in Dupage County, Illinois. Lots 9 through 29 of the Final Plat of Subdivision for Trillium Farm Phase 3, being a part of north half of Section 23, Township 39 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded May 5, 2022 as document R2022-045270, in Dupage County, Illinois. PIN(s): 04-23-102-028; 04-23-102-027; 04-23-102-026; 04-23-102-025; 04-23-102-024; 04-23- 102-023; 04-23-102-022; 04-23-102-021; 04-23-102-050; 04-23-102-049; 04-23-102-048; 04- 23-102-047; 04-23-102-046; 04-23-102-045; 04-23-102-044; 04-23-102-043; 04-23-102-042; 04-23-102-041; 04-23-102-040; 04-23-102-039; 04-23-102-038; 04-23-102-037; 04-23-102-036; 04-23-102-035; 04-23-102-034; 04-23-102-033; 04-23-102-032; 04-23-102-031; 04-23-102-030; 04-23-102-020; 04-23-102-019; 04-23-102-018; 04-23-102-017; 04-23-102-016; 04-23-102-015; 04-23-102-014; 04-23-102-012; 04-23-102-011; 04-23-102-010; 04-23-102-009; 04-23-102-008; 04-23-102-007; 04-23-102-006; 04-23-102-005; 04-23-102-004; 04-23-102-003; 04-23-102-002; 04-23-103-002; 04-23-103-003; 04-23-103-004; 04-23-103-005; 04-23-103-006; 04-23-103-007; 04-23-103-008; 04-23-103-009; 04-23-103-010; 04-23-103-011; 04-23-103-012; 04-23-103-013; 04-23-103-014; 04-23-103-015; 04-23-103-016; 04-23-103-017; 04-23-103-018; 04-23-103-019; 04-23-104-012; 04-23-104-013; 04-23-104-014; 04-23-104-015; 04-23-104-016; 04-23-104-017; 04-23-104-018; 04-23-104-019; 04-23-104-001; 04-23-104-002; 04-23-104-003; 04-23-104-004; 04-23-104-005; 04-23-104-006; 04-23-104-007; 04-23-104-008; 04-23-104-009; 04-23-104-010; 04-23-104-011; 04-23-102-029; 04-23-102-013; 04-23-102-001; 04-23-103-001; and 04-23-104- 020. Ordinance 24-O-0031 Page 3 of 5 ===== PDF PAGE 43 ===== [Extraction: OCR (rendered-page OCR)] Exhibit “B” RECOMMENDATION # 24-RC-0011 TO: The Honorable Mayor and City Council SUBJECT: PC 24-11 Zoning Variances Trillium Farm Subdivision East of Purnell Road, South of Gary’s Mill Road DATE: September 5, 2024 DECISION: A motion to approve the zoning variances passed (5-0). RECOMMENDATION Per Section 5.4-4 of the Zoning Code, the Plan Commission/Zoning Board of Appeals shall recommend a variation only upon making findings of fact based on evidence presented for the variations. The following draft findings of fact are offered for consideration by the Plan Commis- sion/Zoning Board of Appeals: (1) The particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or loss of revenue, if the strict letter of the regulations were carried out: The subject property was approved in DuPage County as a Planned Unit Development which included approval of the setbacks and lot coverage currently being sought for zoning variations. (2) The condition upon which the requested variances are based would not be applicable, generally, to other property within the same zoning classification: The development is unique in that it was planned, approved, and constructed all in DuPage County. The existing conditions seeking variances from the Zoning Code were approved as part of the public process within DuPage County. (3) The alleged difficulty or hardship has not been created by any person presently having an interest in the property: As previously mentioned, the subject property was approved in DuPage County as a Planned Unit Development which included approval of the setbacks and lot coverage cur- rently being sought for zoning variations. (4) The granting of the variances will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located: Granting the variations within the development will not have any impact on properties surrounding the development. The granting of the variations will bring all of the lots into Ordinance 24-O-0031 Page 4 of 5 ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] conformance with the Zoning Code rather than allowing the lots to remain as nonconform- ing, which could have an impact on property values. (5) The proposed variances will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neigh- borhood: The proposed variances are to address existing conditions. Those existing conditions are not currently impairing or impacting the supply of light or air to adjacent properties nor are they increasing the congestion of public streets, increasing the danger of fire, or endanger- ing public safety. The granting of the variations will bring all of the lots into conformance with the Zoning Code to strengthen property values. If the lots remain as nonconforming, the ability to rebuild any damaged improvement on the property is diminished and could therefore have a negative impact on property values. (6) The proposed variances comply with the spirit and intent of the restrictions imposed by this Code: The variances will bring previously approved conditions into compliance with the West Chicago Zoning Code and eliminate nonconformity with the Code. Respectfully submitted, Barbara Laimins Chairperson VOTE: For Against Abstain Absent Henkin Slattery Terrazas Kasprak Banasiak Laimins Billingsley Ordinance 24-0-0031 Page 5 of 5