City Council Minutes 1996 03-28-96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED
CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT
THE KENDALL COUNTY BOARD ROOM ON Thursday, March 28 , 1996
Mayor Johnson called the meeting to order at 7:00 p.m. and led the
Council in the Pledge of Allegiance.
Clerk Allison called the role: ROLL CALL
Ward I Callmer Present
Spang Present
Ward II Baker Present
Lynch Present
Ward III Jones Present
Prochaska Present (Arrived 7: 47)
Ward IV Sowinski Present
Stafford Present (Arrived 7:08)
A quorum was established. QUORUM
INTRODUCTION OF GUESTS
Mayor Johnson welcomed those present and asked them to please sign
in on the sign-in sheet provided.
AMENDMENTS TO THE AGENDA
Mayor Johnson will move the Riverfront Donations before Public
Hearings on the agenda. PC96-5 has been tabled under the Public
Hearings and Plan Commission report. Health Insurance Plan has
been tabled under the Administration Committee Report.
MEETING DATES
The council reviewed the listing of committee meetings. All
Committee meetings will be held as listed.
RIVERFRONT DONATIONS
Mayor Johnson and Alderman Jones accepted donations on behalf of
the Riverfront Committee. Mike Wheeler of Oswego Excavating has
donated excavating services and a cash donation was presented by
Dennis Dwyer of the Country Hills Subdivision.
PUBLIC HEARINGS
A motion was made by Alderman Baker and seconded by Alderman Spang
to move into Public Hearing at 7:08 p.m. . Clerk Allison called the
role:
Jones - aye Spang - aye
Callmer - aye Baker - aye
Lynch - aye Stafford - present
Sowinski - aye
Motion carried.
Alderman Baker stated that the first item for Public Hearing was on
SRB (Sign Review Board) 96-1. A request for variance to the Sign
Ordinance, Article IV-C, Permitted Signs. They are requesting the
erection of a permanent sign off premises on Burger King's
property. The applicant is Kishorbhai D. Patel, d/b/a Super 8
Motel.
Gary Rice of the Sign Board informed the council that the Board
voted in favor of this request. This sign will be directing people
to the motel and it does fit in with the area. Sign Review Board
recommends approval.
Alderman Stafford stated that he appreciated being able to read the
minutes of the Sign Committee and feels that this Board was a good
idea for the City.
City Council Regular Session - March 28, 1996 - page 2
There being no further comments on this issue, Alderman Baker moved
the Public Hearing to item PC96-4.
This is a request to rezone from 0-office to R-2 Duplex. Property
is located at the southwest corner of John St. and Cannonball
Trail. The petitioner is John G. Conover and the owner of the
property is Merchants National Bank of Aurora, Trust No. 2175.
Attorney Tom Grant spoke on behalf of this request. He has
indicated that the ownership of the property has changed from a
trust to the individuals involved. The petitioner feels that they
do not see any need for this being zoned office since there is a
lot of property in the area that has office zoning. Mr. Gary
Conover indicated to the council that this property was platted as
part of the link to the Fox Hill Subdivision. There are 40+ acres
zoned office. They feel that the R-2 Duplex will better fit in
with the area around it.
It was noted that a letter has been received from Sheriff Richard
Randall concerning the rezoning request. Mayor Johnson asked how
close this property will be to the animal shelter. This property
will back up to the animal shelter. Attorney Kramer indicated that
the plat could include the "farm language" needed to notify
potential buyers of the animal shelter's location. Attorney Grant
indicated that this would be included on the plat.
Alderman Sowinski asked about expansion of the government center.
It was noted that there is a large amount of land that could be
utilized to expand this facility.
Alderman Callmer stated that in lieu of this letter he feels
uncomfortable with this matter and would like to ask that the
Sheriff be invited to attend the COW meeting next week so that
these concerns indicated in the letter can be addressed. Vote
could then be brought up in two weeks.
Attorney Grant stated that he was surprised by this letter but that
two weeks would not matter to their request.
Mayor Johnson indicated that this letter was received Tuesday of
this week and was then distributed to the council members.
A motion was made by Alderman Baker and seconded by Alderman Spang
to move out of Public Hearing into regular session at 7:20 p.m.
Clerk Allison called the role:
Stafford - aye Sowinski - aye
Baker - aye Lynch - aye
Jones - aye Spang - aye
Callmer - aye
Motion carried.
PLAN COMMISSION / ZONING BOARD OF APPEALS
SRB 96-1 Super 8 Motel
Alderman Baker stated that the first item on the agenda was SRB 96-
1 regarding the request for a variance to the Sign Ordinance,
Article IV-C, Permitted Signs.
A motion was made by Alderman Baker and seconded by Alderman Jones
to approve the sign variance request for Mr. Patel and the Super 8
Motel. Clerk Allison called the role:
Stafford - aye Sowinski - aye
Spang - aye Callmer - aye
Baker - aye Lynch - aye
Jones - aye
Motion carried.
City Council Regular Session - March 28, 1996 - page 3
PC 94-9 Greenbriar / Wehrli
Alderman Baker stated the next item on the agenda was OSNB Trust
#5358 / Wehrli -- Greenbriar Subdivision PUD Agreement. Alderman
Baker indicated that the updated agreements were distributed by
Monday and that all issues discussed at the last COW meeting were
addressed.
Alderman Spang read a statement (copy attached) to the Council
concerning the Greenbriar Subdivision and why he believes the PUD
Agreement should not be voted on tonight.
Alderman Stafford asked why these questions were not addressed in
committee. Alderman Spang stated that he has questioned these
items in Committee. He is asking that this issue be tabled until
these items are addressed.
Alderman Jones asked if the changes requested by council are
included in the agreement. It was noted that they were. Attorney
Kramer indicated that the council is required to make sure that the
plan conforms to the preliminary plat approved by Council
previously. He also indicated that the PUD Agreement requires the
developer to conform to the existing land cash ordinances.
Attorney Kramer addressed an issue discussed in Alderman Spang's
statement regarding corner lots being non-conforming. He stated
that this does not refer to the outside of the corner lot.
Alderman Jones asked a question regarding page 8 item 5, payment
due to the City. Attorney Kramer indicated that Bill Schmanski is
working on this issue and that the payment will be made according
to the city terms where certain payments are due upon completion of
steps in the development. The developers Letter of Credit is on
file for the first unit.
Alderman Sowinski addressed the issue of the lake and the depth
indicated in Alderman Spang's statement. Attorney Kramer responded
that the lake is required to have a safety shelf by Federal Law.
This is where the lake will be 2-1/2 feet deep for several feet out
into the lake until it can drop to the depth. This has been viewed
by the City crews as well .
Also discussed was the park contribution. Alderman Callmer
indicated that there has been some sacrifice of space. Alderman
Baker agreed indicating that some space had to be sacrificed but
this actually improved the lot sizes from the original plans.
Also discussed were the roads in the development. Alderman Callmer
asked about the city's liability regarding the roads due to the
previously platted subdivision (Williamsport) where the lines will
not meet up with the roads in Greenbriar.
Attorney Kramer indicated that the city contacted the owner of the
platted subdivision and that he responded with a letter. While the
city cannot make him change the plat which has already been
approved, the City can demonstrate to him that the changes being
made will only require him to move a few lots and the detention
pond around. He does not make him lose any number of lots in the
subdivision.
Also discussed was the road issue. It was noted that the City does
not have to accept any road which does not conform to its
requirements. Greenbriar has brought up their road requirements so
that the City can accept them. Greenbriar's changes in the
detention pond etc will ultimately improve the water drainage into
the Williamsport subdivision.
Attorney Kramer again indicated that the final plat must conform
with the preliminary plat which is already on file.
Alderman Spang asked about the PUD Agreement and its terminology on
approval of the entire subdivision.
City Council Regular Session - March 28, 1996 - page 4
Attorney Kramer again stated that the council must be sure that the
final plat conforms with the preliminary plat already on file. The
preliminary plat is what everything is to be designed after.
Also discussing the roads, Attorney Kramer indicated that the
developer has voluntarily upgraded the roads so that they can be
accepted into the city.
Alderman Spang asked about the owner of the Williamsport
Subdivision and the need to amend his plat and any possible fees
which could be imposed.
Attorney Kramer indicated that the owner does not have to amend his
plat and therefore the city would most likely allow this to be done
without imposing additional fees. Attorney Kramer indicated that
the city would agree to re-align the streets etc without any fees.
J.T.Johnson indicated that the roads in the subdivision have been
brought up to full city standards and that this has been approved
by Bill Schmanski.
A motion was made by Alderman Baker and seconded by Alderman
Sowinski on PC 94-9 to approve the Greenbriar Subdivision PUD
Agreement dated March 22, 1996. Clerk Allison called the role:
Callmer - aye Lynch - aye
Jones - aye Stafford - aye
Sowinski - aye Spang - nay
Baker - aye
Motion carried 6-1 .
PC 96-4 -- Conover
A motion was made by Alderman Callmer and seconded by Alderman
Sowinski to table this issue for two weeks to allow discussion with
the attorney and request Sheriff Randall to attend the next COW
meeting to discuss this issue. Clerk Allison called the role:
Lynch - aye Stafford - aye
Jones - aye Prochaska - aye
Spang - aye Callmer - aye
Baker - aye Sowinski - aye
Motion carried.
This issue will be discussed at the next COW meeting and will be
brought up for vote at the next Council session on April 11 , 1996.
The council feels it is prudent to handle this issue this way due
to the receipt of the letter from Sheriff Randall.
PC 96-6 Kendall Co Forest Preserve
Alderman Baker indicated that the next issue regards the site
location for the kendall county fair. The council has previously
reviewed the layout of the land.
A motion was made by Alderman Baker and seconded by Alderman
Prochaska to approve the application of Kendall County Forest
Preserve for rezoning from A-1 to A-i Special use for Fairgrounds
on property located on Route 71 and Highpoint Road. Clerk Allison
called the role:
Spang - aye Callmer - aye
Baker - aye Lynch - aye
Jones - aye Prochaska - aye
Stafford - aye Sowinski - aye
Motion carried.
Alderman Spang stated that it is enjoyable to see the fair growing
in Kendall County.
City Council Regular Session - March 28, 1996 - page 5
Citizen Comments
Mayor Johnson asked for any citizen's comments from those present.
MINUTES APPROVAL
A motion was made by Alderman Prochaska and seconded by Alderman
Baker to accept the regular City Council minutes dated March 14,
1996 as presented. Motion carried.
BILLS APPROVAL
A motion was made by Alderman Prochaska and seconded by Alderman
Sowinski to approve and pay bills dated March 28, 1996 in the
amount of $312, 285. 30 vendor, $47, 379.95 payroll for a total of
$359,665.25. Clerk Allison called the role on the amended motion.
Baker - present Lynch - aye
Jones - aye Prochaska - aye
Stafford - aye Sowinski - aye
Spang - aye Callmer - aye
Motion carried.
ATTORNEY'S REPORT
Attorney Kramer indicated that Paul Metzger has agreed to complete
an appraisal on the city's two lots at a cost of $250. Janet Doll
is currently out of town and is unable to do the appraisals. These
will be reviewed at the COW meeting when received.
MAYOR'S REPORT
Mayor Johnson announced his appointment of Julie Bromann to the
Park Board. A motion was made by Alderman Prochaska and seconded
by Alderman Spang to confirm the Mayor's recommendation of Julie
Bromann to the Park Board. Clerk Allison called the role:
Jones - aye Prochaska - aye
Spang - aye Callmer - aye
Baker - aye Lynch - aye
Stafford - aye Sowinski - aye
Motion carried.
Mayor Johnson stated that the MFT 1994 Audit was discussed at the
last COW meeting. A copy of this will be filed in the city files.
A motion was made by Alderman Prochaska and seconded by Alderman
Stafford to approve the audit by the Illinois Department of
Transportation of 1994 MFT Funds. Motion carried.
CITY CLERK'S REPORT
No Report
CITY TREASURER'S REPORT
No Report
CITY ADMINISTRATOR REPORT
No Report
Economic Development Commission Report
The next meeting is April 9 , 1996 at 7:00 p.m. in the Kendall
County Board Room.
Kendall County Governmental League Report
No Report
School Community Report
Alderman Jones informed the council that next meeting will be April
22, 1996 at 7: 30 p.m. in the district offices.
Alderman Jones also indicated that special work sessions have been
set up from March 28 - April 11th to discussion with the architects
of the school. She also informed the council that the School Board
has asked her to notify the council of their concerns with growth
in the area.
Old Business
No Report
New Business
No Report
1 r
City Council Regular Session - March 28 . 1996 - page 6
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE
Alderman Stafford informed the council that the Public Works
Committee meetings will now be held regularly on the first and
third Monday's of each month.
Also, all council members are asked to notify a member of Public
Works if any pot holes are noticed.
ECONOMIC DEVELOPMENT COMMITTEE No Report
PUBLIC SAFETY COMMITTEE No Report
ADMINISTRATION COMMITTEE No Report
ADDITIONAL BUSINESS
A motion was made by Alderman Spang and seconded by Alderman
Callmer to move into Executive Session to discuss employee hiring,
firing, compensation, discipline and performance/collective
bargaining at 8:00 p.m. with the session to include Attorney
Kramer. Clerk Allison called the role:
Prochaska - aye Stafford - aye
Sowinski - aye Spang - aye
Callmer - aye Baker - aye
Lynch - aye Jones - aye
Motion carried.
*** A 10 minutes recess will be held before entering executive
session.***
A motion was made by Alderman Baker and seconded by Alderman Lynch
to move out of executive session and into regular council session
at 8: 39 p.m. Clerk Allison called the role:
Callmer - aye Lynch - aye
Jones - aye Prochaska - aye
Stafford - aye Sowinski - aye
Spang - aye Baker - aye
Motion carried.
THERE WAS NO FORMAL ACTION TAKEN WHILE IN EXECUTIVE SESSION.
The executive session minutes will be available for review at 6: 30
p.m. prior to the April 11th council meeting.
ADJOURNMENT
A motion was made by Alderman Baker and seconded by Alderman
Prochaska to adjourn the meeting at 8:40 p.m. Motion c ied.
By: , - C
Jacque 'n 11ison - City Clerk
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Greenbriar 3/28/96
Before this vote I would like to review for the council the following facts:
1.) 30 of the 147 R-2 lots in this subdivision are undersize by our own
ordinance. Smaller than the R-2 requirement of 12,000 square feet.
2.) 21 of the 147 R-2 lots in this subdivision are narrower at the building
setback line than the R-2 requirement of 80' in our own ordinance.
3.) This does not count the 23 cul-de-sac lots that are also narrow at the
street due to the pie shape of the lot.
4.) Fully 1/3 of the lots in this subdivision, 49 of the 147 R-2 lots ,do not
conform to our own ordinance. Our zoning regulations were adopted and
are continually revised to maintain the quality of life and suburban
atmosphere we have come to enjoy. To accept these reductions would
continue to erode those values.
5.) The land being dedicated for a park is approximately 3/4 of an acre. It is
centered on the low end of a drainage easement. I've been told this land
will be raised to the level of the surrounding lots and then drop off 3 feet
to the drainage easement. 3/4 of an acre is only large enough for a
playground area. The type of play area normally inhabited by small
children. This play area is immediately adjacent to a 1 acre pond that is
reported to be 10 feet deep. It is my opinion that this represents an
unreasonable risk to our children.
6.) The land dedication requirement for a development of this 80 acre size
should be nearly 6 acres. This P.U.D. states that 1.86 acres will be
dedicated with the remaining requirement satisfied with a cash equivalent.
Land is a limited commodity, especially public park land. Anyone living on
the south end of this town knows this all to well. Our budget is strapped
for cash. It always is. I feel the direction of this council should be to
acquire as much land for public use as the laws allow. Dollars can be
raised in many ways to improve the land at any time. If there is no land to
improve, the issue is moot.
7.) This P.U.D. further amends our zoning ordinance, allowing side yards to
be reduced on corner lots to 8'. Our current ordinance requires 30' side
yards on corner lots. This standard allows for sufficient traffic sight lines
to avoid blind corners. In addition, this P.U.D. allows lot widths to be
maintained at 75 feet instead of the R-2 requirement of 80'.
•
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8.) This subdivision abuts another subdivision to the north that was Final
Platted over 20 years ago. That subdivision is also not an ideal design.
However, it was there first. That developer already has the permission to
build over 90 lots of approximately 9,000 square feet. That developer
already has the permission to put in roads. Roads that at this juncture will
not line up with this subdivision in any fashion. I believe it would be a
mistake to Final Plat this subdivision without first resolving the road
alignment in these two subdivisions.
9.) I've been told that because a previous council approved the preliminary
plat of this subdivision, that I, too, must approve this Final Plat. I cannot,
in good conscience, support this Final Plat simply because my
predecessors made an error. As you review these facts, I trust you will
arrive at the same conclusion.
Respectfully,
Jeff Spang, Alderman, Ward 1
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NEPIF i
1102 CORNELL LANE KENDALL COUNTY 708-553-7500
YORKVILLE, IL 60560-9597 Ext. 711
MARCH 26 , 1996
MAYOR ROBERT JOHNSON
CITY OF YORKVILLE
111 W. FOX ST.
YORKVILLE, IL. 60560
MAYOR JOHNSON,
I HAVE BEEN INFORMED OF THE FOLLOWING REQUEST FOR REZONING AT THE
SOUTHWEST CORNER OF JOHN AND CANNONBALL TRAIL: BLOCK 5 OF
CIMARRON RIDGE, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF
SECTION 29 , TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY
21,991 AS DOCUMENT NO . 91-3284 IN THE CITY OF YORKVILLE, KENDALL
CO.
AS SHERIFF OF KENDALL COUNTY, I OBJECT TO THIS CHANGE FROM OFFICE
TO R-2 DUPLEX (ONLY A COUPLE HUNDRED FEET) FROM THE K.C. ANIMAL
CONTROL BUILDING AND THE K.C. PUBLIC SAFETY CENTER, FOR THE
FOLLOWING REASONS:
1) NOISE FROM BOTH FACILITIES
2) POTENTIAL VICIOUS ANIMALS ESCAPING/LOOSE
3) POTENTIAL ESCAPEES FROM P.S.C.
4) USE OF TEAR GAS IN QUELLING SITUATIONS
5) EMERGENCY VEHICLES COMING & GOING
6) SECURITY OF EMPLOYEE, EMERGENCY VEHICLES & STORED EVIDENCE
7) VOLUME INCREASING OF INDIVIDUALS WITH ANTI-SOCIAL BEHAVIOR,
COMING & GOING FROM P.S.C. AND SOON TO BE OPENED (UNDER
CONSTRUCTION) COURT SYSTEM.
8) FUTURE EXPANSION OF THE GOVERNMENT CENTER, GENERATING EVEN .
MORE TRAFFIC AND EXPOSURE FOR INCIDENTS.
9 ) HOUSING IN LIEU OF BUSINESS, GENERATES A 24HR. PER DAY
EXPOSURE SITUATION AND MORE DENSITY, THAT THE PROXIMITY
MAY CAUSE ADDITIONAL PROBLEMS.
DUE TO THE CONCERNS LISTED ABOVE BY MY STAFF, THE COUNTY BOARD
AND MYSELF, I REQUEST THAT THE CITY OF YORKVILLE DENY THE REQUEST
FOR R-2 DUPLEX ZONING FOR THIS PROPERTY. THE ORIGINAL PLAN
AGREED UPON IN 1991 ADDRESSED THE CONCERNS THAT HAVE BEEN LISTED
ABOVE. ANY VARIANCE FROM THAT PLAN, I WOULD FIND INAPPROPRIATE.
THANK YOU FOR YOUR CONSIDERATION.
SINGLY,
RICHA',� 'A. RANDALL r
KENDALL COUNTY SHERIFF
4
1
STATE OF ILLINOIS ) 3/22/96
COUNTY OF KENDALL )
OLD SECOND NATIONAL BANK OF AURORA
AS TRUSTEE UNDER TRUST #5358
UNITED CITY OF THE VILLAGE OF YORKVILLE
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT
FOR GREENBRIAR SUBDIVISION
NOW COMES DEVELOPER, OLD SECOND NATIONAL BANK OF AURORA, as
Trustee under Trust #5358 owner of Record of certain real property described in the attached
Exhibit "A" and the United City of the Village of Yorkville, an Illinois Municipality who do
hereby enter into this Annexation and Planned Unit Development Agreement to supplement and
in addition to the Petition for Zoning, Zoning Ordinance and drawings submitted therewith
including the approved Preliminary Plat of Subdivision and proposed Final Plat of Subdivision
to be approved by the City Council of the United City of the Village of Yorkville upon the
following terms and conditions and in consideration of the various agreements made between the
parties agree as follows:
1. WHEREAS, each party agrees that it is in the best interest of the owner and the
City to annex and develop the subject real property described in the attached
Exhibit "A" as a Planned Unit development establishing an unique open space
character with green areas in excess of those required pursuant to City Ordinances;
and to provide for the orderly flow of traffic in of the development and to
1
adjoining real property; and
2. WHEREAS, each party agrees that it is in the best interest of the local
governmental bodies affected and the Developer and owner to provide for specific
performance standards in the development of the subject property; and
3. WHEREAS, each party agrees that a substantial impact will be had on the services
of the United City of the Village of Yorkville and the Yorkville School District
by developing said real property; and
4. WHEREAS, the Developer has agreed to perform certain conditions substantially
above those requirements made by the United City of the Village of Yorkville.
NOW THEREFORE, the parties agree as follows:
A. The subject property shall be annexed to the United City of the Village of
Yorkville and zoned in conformance with each block of zoning set out in the
attached Preliminary Plat as Exhibit "B" providing for R-2 Single-Family
Residential District and R-2 Duplex Residential District, and shall be developed
in general conformance with the approved Preliminary Plat of Subdivision
attached as Exhibit "B" and incorporated herein by reference.
2
B. That single family areas of the development shall be governed by the following
standards:
1) Lot sizes shall be as set out and calculated on the approved Preliminary Plat
of Subdivision.
2) Side yards at front building setback line of not less than 10% of lot frontage,
or 8' on lots on radius of cul-de-sacs and corner lots.
3) Lot width at building setback lines of at least a minimum of 75 feet on lots
which are on the radius of cul-de-sacs or corner lots.
4) Each residential lot shall abut a front sidewalk.
C. That the Developer shall dedicate to the United City of the Village of Yorkville
for park purposes a parcel of real property as designated on the attached
Preliminary Plat attached as Exhibit "B" and dated May 10, 1994, which is in
conformance with the United City of the Village of Yorkville Land/Cash
Ordinance. The acreage and limits of this area shall be as agreed to by the
Yorkville Park Board. All areas dedicated for parks shall be final graded and
seeded by Petitioner, and shall contain 100% useable land exclusive of detention
areas above the twenty-five year flood limit as has previously been determined by
the City Engineer. As to the first phase Final Plat, Developer agrees to pay all
cash as the contribution, but to deed ownership of the park area to the United City
of the Village of Yorkville as soon as the park area is seeded and has been
mowed a total of three times. Said Deed and conveyance shall be made regardless
3
of whether any additional Final Plats have been recorded.
D. That the Developer shall contribute to the Yorkville School District cash
contributions in lieu of land contributions in conformance with the City of
Yorkville Land/Cash Ordinance in effect at the date of approval of Preliminary
Plat, and application for approval of Final Plat of the first phase of said
subdivision. The remaining units of said subdivision shall be calculated for Land-
Cash purposes in effect at the time application for Final Plat approval is sought
and paid for in the manner directed by the City Ordinances then in effect.
E. That the development of the property shall be subject to Preliminary Plat,
Engineering approval by City Staff, or outside Review Engineering as elected by
the City, and Final Plat approval by the City Council in conformance with the
City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City
reimbursement of Review Ordinance, City Land-Cash Ordinance, City storm
Water Control Ordinance, City-School Transition Fee, City Development Fee and
Infra-Structure Ordinances which have been voluntarily contracted and agreed to
by the Petitioner-Developer as a condition of approval of the Planned Unit
Development Agreement. Developer except to the extent varied by this
Agreement shall comply with all setback requirements, including side-yard
requirements as set out in the City Ordinance except where varied in Section B(2)
above of this Agreement, minimum lot sizes and fri conformance to those
4
requirements set out in the United City of the Village of Yorkville's Zoning
Ordinance at the time commencement of construction is initiated. No change in
City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City
reimbursement of Review Ordinance, City Land-Cash Ordinance, City Storm
Water Control Ordinance, City-School Transition Fee, City Development Fee and
Infra-Structure Ordinances enacted subsequent to the execution of this Agreement
shall alter minimum lot sizes, setbacks, performance standards on this
development. Developers will be bound by any subsequent changes in BOCA
building codes, building material changes and the like that may be enacted by the
City, so long as the same are applied in a non-discriminatory manner throughout
the City.
F. That the developer has constructed the base, and all underground improvements
for a Thirty Nine Foot (39') Blacktop Road, known as Greenbriar Drive.
Developer shall be responsible for providing total installation of curbs and two
lifts of blacktop in conformance with City standards for completion of said
roadway, and as part of this Planned Unit Development Agreement has submitted
a Irrevocable Letter of Credit from Yorkville National Bank to the City of
Yorkville. Developer shall be permitted to recapture the cost of the increased off-
site improvement for roadway and off-site water extension pursuant to a resolution
setting forth the amounts and method of recapture to be passed by the City
Council. •
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G. That no fencing or buildings shall be permitted on any bermed or detention area
in said Subdivision by Developer or any owner. Homeowners may plant
shrubbery, flowers or trees in bermed areas.
H. That no homeowner, or their agent, or employee shall alter in any fashion, any
berming, landscape setback, or a tree line of twenty feet in depth along the entire
perimeter of the entire property contained in said subdivision, except where the
same has been altered during the construction process for the installation of
Greenbriar Road, and City Sanitary Sewer and Water to service the subject
property and other adjoining owners, the intent being the intent treeline and
buffering areas shall serve as a natural screening for said subdivision. Dead trees,
dead branches, or noxious plants and weeds may be removed. Developer shall by
Unit submit a mass-grading plan to the City Engineer for each Unit at the time
Engineering approval is sought.
Each individual lot owner shall be responsible to maintain all berming, set-back
area, or detention area located within the property boundaries of any individual lot
within said Development.
J. That Developer shall pay to the United City of the Village of Yorkville, a
Development fee of$1,150.00 per Residential Dwelling Unit, for each Residential
Dwelling Unit built in said subdivision to the United City of the Village of
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Yorkville; and $1,500.00 for each residential Dwelling Unit to the Yorkville
Community School District 115 in conformance with City Ordinances. The
payment of said transition fees and development fees and shall be made upon The
recording of a Final Plat of Subdivision for each respective phase or unit of said
subdivision. Said fees are being paid voluntarily and with the consent of owner
and Developer based upon this contractual agreement which shall be executed by
the United City of the Village of Yorkville and Developer at the time of approval
of the Final Plat.
K.. State Route 47 access for said subdivision and improvements shall be constructed
at expense of developer and in conformance with Engineering Drawings submitted
by Developer which shall be approved by Illinois Department of Transportation
and the City Engineer.
L. (1) Petitioners and City agree that in order to secure the development of the
subject property, easements are necessary to be acquired by Developers
off-site of the subject property for dedication to the United City of the
Village of Yorkville. The City shall use its best efforts toward the
acquisition of said easements.
(2) Easement Development shall be at the sole cost and expense of Developer.
It shall submit plats of dedication for utility easements in the format and
over locations accessible for reasonable extension of utilities to be
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approved by the City Engineer.
(3) Installation of all on-site utility improvements, and extension of
off-site utilities shall be at the sole expense of the Developer.
(4) The City agrees to negotiate with Developer the passage of a Recapture
Ordinance for any off-site improvements, or on-site improvements
benefitting future developers contiguous or within a reasonable service area
of the subject parcel. Any Recapture shall be done by
Ordinance/Resolution after the City has reviewed Engineers drawings,
pursuant to the Engineer's Estimate of Cost and Actual Cost of
Improvements submitted by Developer, and approved by a majority vote
of the City Council.
(5) Developer acknowledges that it has been informed that some Recapture is
due to the City of Yorkville for the previous extension of a sanitary sewer
to the subject site. The exact amount of said Recapture shall be calculated
and paid to the City at the time the first final plat of any unit of the
subdivision is approved by the City.
(6) Developer shall provide that all Duplexes shall contain a front exterior of
at least one-half brick or other masonry product to insure quality of
development.
(7) Developer further agrees that all Duplexes shall contain a two (2) car
attached garage.
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M. The Planned United Development being approved as part of this Agreement shall
be constructed in substantial conformance with the Preliminary Plat attached
hereto and incorporated herein as Exhibit "B". Deviations from that Agreement
shall be allowed only if approved by majority vote of the City Council.
N. This agreement shall be binding upon the successors, heirs, and assigns of each
party hereto.
O. If any portion of this agreement were determined to be invalid the remaining
portions thereof shall be in full force and effect between Developer/owner(s) and
the City.
P. This agreement shall be binding upon each party hereto in terms of performance
for a period of fifteen years. In the event construction is commenced within said
fifteen year period all of the terms of this Agreement shall remain enforceable
despite said time limitation, unless modified by written agreement of the City and
Developer-Owner.
IN WITNESS WHE F the undersigned parties have executed this agreement this
) day of V/ 1996.
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UNITED CITY OF THE VILLAGE OF OLD SECOND NATIONAL BANK OF AURORA
YORK �' L as Trustee - • - Trust #53 :
d BY: L`i _ _ . • . If42
MAYOR TRUST OF. ER
aTTE TEST:
IT CLERK Land Trust Adm1rtxstra±.
This instrument is eiecrted by THE OLD n?CO'<.rL
NATIONAL,EALY_{c _ rcr2 ;i not perrnr._'1v but
solely as T:�staa, i�t:
CO_Uit1O�S t0 -' COY^L? 3 and
RON WEH.LI F:^cc��' zo:?:,s. _.`_ .+= :�::,, _d .o
it T.r oz..)��.r..�'. �__. .. 1 1._ .:��..A._.^.�V C;:±SI
of •the coy - i; rs_cscaccLay
In the e.... ;itztarzszLs :c .� n.
In:tr.:mcnt.
Prepared by:
The United City.of the Village of Yorkville
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, IL 60560
(708) 553-9500
•
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