File #: 24-0700    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 6/5/2024 In control: City Council
On agenda: 6/18/2024 Final action: 6/18/2024
Title: Receive the staff report and conduct the public hearing on the first amendment to the Annexation Agreement for Forest Meadows Apartments located at 25W462 75th Street - PZC 24-1-012 (Item 1 of 2)
Attachments: 1. Letter to Council, 2. Petition for Development Approval, 3. Engineering Plans, 4. Landscape Plan, 5. Tree Preservation, 6. Plat of Easement, 7. Autoturn Exhibit, 8. Stormwater Report
Related files: 23-0785, 23-0786, 23-0487, 23-0487B, 23-0783, 23-0784, 24-0701
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Receive the staff report and conduct the public hearing on the first amendment to the Annexation Agreement for Forest Meadows Apartments located at 25W462 75th Street - PZC 24-1-012 (Item 1 of 2)
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Sara Kopinski, AICP

BOARD/COMMISSION REVIEW:
N/A

BACKGROUND:
The subject property, commonly known as Forest Meadows Apartments, consists of approximately 1.53 acres and is zoned OCI (Office, Commercial and Institutional District) in the City of Naperville. On July 18, 2023, City Council approved the annexation of the subject property into the City and the associated annexation agreement per Ordinances 23-110 and 23-111. City Council also approved rezoning the property to OCI (Office, Commercial and Institutional District) (Ord. 23-112), and a conditional use for multi-family residential with variances to building height and residential density (Ord. 23-113).

At this time, the petitioner and property owner, Greene Valley 75, LLC, requests an amendment to the Annexation Agreement for Forest Meadows Apartments ("Annexation Agreement") in order to revise the emergency access provisions set forth in Section S6.0 of the Annexation Agreement.

DISCUSSION:
Section S6.0 of the Annexation Agreement obligated the petitioner/property owner to construct two points of access for emergency vehicles on the site when construction begins, and to maintain said access points until the roadways are completed. The Annexation Agreement also stated that the petitioner/property owner had entered into a Reciprocal Cross Access Easement Agreement with the adjacent property owner to the west (Islamic Center of Naperville ("ICN")) in order to provide emergency ingress and egress to and from the subject property, as well as emergency ingress and egress to and from the adjacent property.

During the initial entitlement process, ICN submitted a letter to the City indicatin...

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