CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Option A: Concur with staff that a sound wall on an adjacent property does not preclude the City from requiring the landscaping outlined in the OAA and requiring the Petitioner install parkway trees along 103rd Street and Viburnum Court; or Option B: Concur with the Petitioner that installing the same amount and quality of landscaping is unnecessary due to the sound wall and that the City be responsible for installation and payment of all parkway trees required for the development
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Kathleen Russell, AICP, Community Planner
BOARD/COMMISSION REVIEW:
Based on Council direction, notice will be given for a future meeting when the final ordinances and agreement will be considered.
BACKGROUND:
The subject property consists approximately 4.04 acres, is zoned R1A (Low Density Single-Family Residence District), and is currently vacant.
On March 26, 2004, the City Council passed Ordinance 04-043 which authorized the execution of the Annexation Agreement for Agreement for Ashwood Park (a/k/a 248th Assemblage Center) and Ordinance 04-044 annexing a number of properties located north of 111th Street and west of 248th Avenue known as the 248th Assemblage Center, one of which properties is the subject property. The approved annexation agreement noted that the Subject Property, (Lot 23 of Pod 8), was to be developed as a church site.
On September 16, 2014, the City Council passed ordinance establishing a new controlling site plan for Lot 23, which includes the subject parcel. The Subject Property /Lot 23 continued to be reserved for a church site in the 2014 first amendment to the annexation agreement.
Since the proposed single-family residential development does not align with the originally proposed church use, a third amendment to the annexation agreement is required.
DISCUSSION:
Preliminary/Final Subdivision Plat
The Petitioner, Silverthorne Development Company, is seeking approval of a Preliminary/Final Plat of Subdivision for the parcel located at northeast corner of Nannyberry Street and 103rd Street for the development of nine single-family detached residential homes. The proposed lots will range in size from 11,868 SQFT to 22,963 SQFT. The lot sizes are compliant with the R1A minimum lot size of 10,000 SQFT, lot width requirement of 70ft per lot, and the 90% rule minimum lot size as required by Section 7-4-4:2.4 of the Naperville Municipal Code.
As a part of the development, a bike path will be installed along 248th Avenue continuing the path to the north. 248th Avenue is proposed to be widened along this site. Per Council direction received on October 4, 2022, to the City will not install a sound wall along the portion of 248th Street abutting the subject property.
Amendment to the Annexation Agreement
Based on the prior history of the parcel provided in the background section, an amendment to the annexation agreement is required to change the use for Lot 23 of POD 8 to single family residential rather than the initially proposed church use. In conjunction with the proposed change in usage, staff recommends requiring landscaping that is consistent with the existing landscaping along the already developed northern parcels on 248th Avenue which also have residential uses.
City Council Direction Sought on Two Outstanding Items
Staff and the Petitioner are not in agreement on two issues in the Third Amendment to the Annexation Agreement. Staff is seeking City Council direction as to the manner that each item should be addressed in the amendment to the Annexation Agreement and ordinances that will be prepared for Ashwood Heights Unit 2. Provided that at least six Council members vote to move this project forward on October 18, 2022, staff will prepare all required agreement and ordinances for formal review by the City Council at an upcoming meeting.
Outstanding Item 1: Landscaping Plan
The proposed development has been requested to provide landscaping that aligns with the character of the residential Ashwood Heights development to the north which includes “extensive landscaping.” The subject parcel was intended to have landscaping along 248th on this parcel consistent with the landscaping that was installed for the original Ashwood Heights development. As noted in the staff memo to City Council on September 16, 2014, for Ashwood Heights, “Roman Catholic Diocese of Joliet will be required to install the same bike trail and landscape improvements along 248th Avenue at the time of redevelopment of Lot 23 as part of the conditional use approval process.” Although the parcel is not being proposed as a church, the intent of the landscaping is still applicable to the parcel regardless of use.
The current plan submitted by Petitioner does not align with what exists in the neighborhood and staff has rejected it. Staff has discussed this position with the Petitioner, and they do not intend to adjust the landscaping plans as requested.
Petitioner contends that since sound walls will be installed adjacent to the existing Ashwood Heights subdivision located to the north of the Subject Property, the landscaping on that property will not be visible so it is unnecessary for the Subject Property to install the same amount and quality of landscaping on the Subject Property.
However, it should be noted that the Subject Property will not have a sound wall and the landscaping proposed by Petitioner to be installed will be visible even if a fence is erected on the Subject Property.
Staff’s position is that the fact that a sound wall will be erected on an adjacent development does not preclude the City from requiring the landscaping that was envisioned in the OAA for the Subject property.
If Council concurs, the Petitioner will be required to revise the landscaping plan for the Subject Property which will be reviewed by the City Council at a future meeting when the ordinance approving amendment to the annexation agreement and the subdivision ordinance are presented for approval.
Outstanding Item 2: Payment for Parkway Trees
Per Section 5-10-3:3.2 of the Naperville Municipal Code, a developer is required to install parkway trees at a maximum spacing of 1 tree per 40 feet of frontage within new residential developments. Parkway trees were already installed along Arrowwood Road and Nannyberry Street, so the remaining parkway trees that must be installed are along 248th Avenue, 103rd Street, and Viburnum Court. At the spacing required by Code, 37 trees are required for Ashwood Heights Unit 2 at a cost of $14,800 ($400 per tree).
Because Petitioner has agreed to dedicate an additional twenty feet (20’) of right-of-way to the City, the City has agreed to pay for and be responsible for installation of the parkway trees along 248th, leaving Petitioner only with the responsibility for installation of 22 parkway trees along 103rd Street and Viburnum Court. This approach eliminates any timing issues relative to installation of parkway trees by the Petitioner.
Petitioner does not agree with this approach and instead seeks to have the City be responsible for installation and payment of all parkway trees required for the development.
City staff recommends that Petitioner be required to install parkway trees along 103rd Street and Viburnum Court.
CONCLUSION:
The Third Amendment to the Ashwood Heights Unit 2 Subdivision Annexation Agreement will reflect the City Council’s decisions relative to the two items described above.
Key Takeaways
§ The Petitioner requests approval of a Preliminary/Final Plat of Subdivision and the Third Amendment to the Ashwood Park (A/K/A 248th Assemblage Center) Annexation Agreement for the Ashwood Heights Unit 2 Subdivision to develop nine single-family detached residences.
§ Staff is seeking City Council direction on two outstanding items (required landscaping and installation of a portion of the required parkway trees) prior to preparing the required amendment to the Annexation Agreement and related ordinances.
FISCAL IMPACT:
Cost of City’s assuming installation of Shared Use Path ($24,258) plus installation 248th parkway trees ($6,000), plus an additional $8,800 if City Council concurs with the developer’s request to be responsible for installation of all parkway trees.