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File #: 2012-0228    Version: Name: Engel Rezoning - Ordinance
Type: ORDINANCE Status: PASSED
File created: 4/7/2012 In control: Board of Trustees
On agenda: 2/4/2013 Final action: 2/4/2013
Title: /Name/Summary Engel - Rezoning (Subject to Annexation)
Attachments: 1. Ordinance

 

Title/Name/Summary

Engel - Rezoning (Subject to Annexation)

 

History

QUICKFACTS

 

Project

Engel - Rezoning (subject to annexation)

 

Petitioner

Russell Engel

 

Purpose

The petitioner wishes to connect to Village sewer and water.

 

Requested Actions:  Rezone to R-2 Residential District subject to annexation into the Village

 

Project Attributes

Address: 7841 Redondo Lane

 

Size:    .75 acres

 

Comprehensive Land Designation: Low intensity residential

 

Existing Zoning: Unincorporated Cook County

Proposed Zoning: R-2 Residential District

 

Existing Land Use: Single family residential

Proposed Land Use: Single family residential

 

OVERVIEW AND BACKGROUND

In 1993 special assessments were established by the Village for Laguna Woods’s home owners to annex into Orland Park to receive water and sewer.  Six properties opted out of the deal.  An Ordinance was passed at the time establishing payment requirements if any of the six decided in the future to annex and connect.  The Engel residence is one of those returning properties. The case was taken to the Board in March of 2011 to determine an equitable payment for connection to the mains.  The case has now formally petitioned for annexation into the Village and rezoning with the end goal of connecting to water and sewer.  The property must be rezoned to R-2 to conform to the surrounding Laguna Woods neighborhood.  The petitioned lot conforms to all bulk requirements of the Village’s R-2 Residential District.

 

Once the property is annexed into the Village, the property owner must complete the connection with Village water and sewer.  A written agreement between the property owner and Village will be needed to formalize the Annexation/Connection agreement and address the disposition of the existing well and septic systems.  Under certain conditions the existing well may be utilized for irrigation.

 

The Engels have also petitioned for Annexation into the Village. Annexation public hearings and approvals are addressed at the Village Board level. 

 

On March 16, 2011, the Village Board approved the following conditions for the proposed annexation and provision of water and sewer service for 7841 Redondo Lane:

1.  Base sewer and water combined connection fees equal to $19,844.73, which is the same as the original special assessment participants paid.

2.  Instead of the CPI inflation adjustment, a 12% cost of living increase shall be applied to the connection fee.

3.  Repay the amount in 120 installments billed monthly, or alternatively billed quarterly via water billing method, over a period of 10 years.  The interest on the installments shall be determined annual interest paid by original participants.

4.  Building Permit costs be waived, current annexation and meter fees shall apply.

5.  The Village Attorney record in the Cook County Recorders Office Ordinances 2379 & 2380.

6.  The Village Attorney in conjunction with the Village Manager prepare an agreement memorializing the arrangements with regards to water and sewer service for 7841 Redondo Lane and that a memorandum of that agreement be recorded in the Cook County Recorders Office.

 

Overall, the proposed annexation and rezoning conforms to the Village’s Comprehensive Plan, Land Development Code and policies for this area.  The Village Board has already approved the concept of annexation and the terms of the financial agreement for water and sewer service.  This purpose of this petition is to meet the legal requirements to formally annex and rezone, including a public hearing process.

 

At the Plan Commission public hearing there were no comments from the public or Commissioners on the petition.   There were two new conditions of approval added at the Plan Commission level to the 2011 Board conditions of approval; one to address the disposition of the existing well and septic system, and the other to assure that the property owner connect to Village water and sewer before the annexation is finalized.The Village Attorney has recommended that the financial agreement  be incorporated into the Annexation Agreement between the Village and the petitioner.

 

On July 24, 2012, Plan Commission voted 5-0 to recommend to the Village Board approval (upon annexation) of the rezoning of 7841 Redondo Lane to the Village’s R-2 Residential District subject tothe following conditions:

1.  Base sewer and water combined connection fees equal to $19,844.73, which is the same as the original special assessment participants paid.

2.  Instead of the CPI inflation adjustment, a 12% cost of living increase shall be applied to the connection fee.

3.  Repay the amount in 120 installments billed monthly, or alternatively billed quarterly via water billing method, over a period of 10 years.  The interest on the installments shall be determined annual interest paid by original participants.

4.  Building Permit costs be waived, current annexation and meter fees shall apply.

5.  The Village Attorney record in the Cook County Recorders Office Ordinances 2379 & 2380.

6.  The Village Attorney in conjunction with the Village Manager prepare an agreement memorializing the arrangements with regards to water and sewer service for 7841 Redondo Lane and that a memorandum of that agreement be recorded in the Cook County Recorders Office.

7.  Include in the agreement the terms of disposition for the existing well and septic system.

8.  The petitioner must enter into a financial agreement with the Village for completion of the water and sewer connection prior to the approval of the Annexation Ordinance.

 

At the Development Services Committee Meeting, clearer language was requested for condition # 3 regarding the interest on the installment loan.  Two words, "by the",  were added to condition # 3 to the Committee motion. Additionally, to further clarify, the 5.7% interest rate paid by the original participants is called out in the recommended Board motion.

 

On August 20, 2012, the Development Services Committee voted 3-0 to recommend to the Village Board  approval (upon annexation) of the rezoning of 7841 Redondo Lane to the Village’s R-2 Residential District subject to the following conditions:

1.  Base sewer and water combined connection fees equal to $19,844.73, which is the same as the original special assessment participants paid.

2.  Instead of the CPI inflation adjustment, a 12% cost of living increase shall be applied to the connection fee.

3.  Repay the amount in 120 installments billed monthly, or alternatively billed quarterly via water billing method, over a period of 10 years.  The interest on the installments shall be determined by the annual interest paid by the original participants.

4.  Building Permit costs be waived, current annexation and meter fees shall apply.

5.  The Village Attorney record in the Cook County Recorders Office Ordinances 2379 & 2380.

6.  The Village Attorney in conjunction with the Village Manager prepare an agreement memorializing the arrangements with regards to water and sewer service for 7841 Redondo Lane and that a memorandum of that agreement be recorded in the Cook County Recorders Office.

7.  Include in the agreement the terms of disposition for the existing well and septic system.

8.  The petitioner must enter into a financial agreement with the Village for completion of the water and sewer connection prior to the approval of the Annexation Ordinance.

 

This case is now before the Board of Trustees for consideration.

 

Recommended Action/Motion

I move to approve (upon annexation) the rezoning of 7841 Redondo Lane to the Village’s R-2 Residential District as recommended at the August 20, 2012 Development Services Committee meeting and as fully referenced below:

 

THIS SECTION FOR REFERENCE ONLY (NOT NECESSARY TO BE READ)

 

I move to recommend to the Village Board approval (upon annexation) of the rezoning of 7841 Redondo Lane to the Village’s R-2 Residential District subject to the following conditions:

1.  Base sewer and water combined connection fees equal to $19,844.73, which is the same as the original special assessment participants paid.

2.  Instead of the CPI inflation adjustment, a 12% cost of living increase shall be applied to the connection fee.

3.  Repay the amount in 120 installments billed monthly, or alternatively billed quarterly via water billing method, over a period of 10 years.  The interest on the installments shall be determined by the annual interest rate (5.7%)paid by the original participants.

4.  Building Permit costs be waived, current annexation and meter fees shall apply.

5.  The Village Attorney record in the Cook County Recorders Office Ordinances 2379 & 2380.

6.  The Village Attorney in conjunction with the Village Manager prepare an agreement memorializing the arrangements with regards to water and sewer service for 7841 Redondo Lane and that a memorandum of that agreement be recorded in the Cook County Recorders Office.

7.  Include in the agreement the terms of disposition for the existing well and septic system.

8.  The petitioner must enter into a financial agreement with the Village for completion of the water and sewer connection prior to the approval of the Annexation Ordinance.