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Plan Commission Packet 2012 03-14-12 United City of Yorkville '`'` 800 Game Farm Road EST. , _ 1836 Yorkville, Illinois 60560 .4 Telephone: 630-553-4350 a p� Fax: 630-553-7575 <tE '►ww PLAN COMMISSION AGENDA Wednesday, March 14, 2012 Yorkville City Hall Conference Room 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: February 8, 2012 Citizen's Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PC 2012-01 United City of Yorkville is proposing to amend Title 10, Chapter 13: Planned Unit Development of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which Planned Unit Development (PUD) applications are considered for approval. 2. PC 2012-02 D. Construction Management, Petitioner, on behalf of Brandon Road Properties, LLC, Owner, is requesting authorization within the R-2 One-Family District to temporarily fill low areas and grade portions of a site located at the northeast and southeast corners of Fox Road and Pavilion Road (Evergreen Farm Estates) with uncontaminated soil from roadway projects of the State of Illinois and return to agricultural uses as allowed by Special Use Permit in Section 10-6C- 2 and Section 10-6B-2 of the United City of Yorkville City Code. Old Business New Business 1. PC 2012-01 United City of Yorkville is proposing to amend Title 10, Chapter 13: Planned Unit Development of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which Planned Unit Development (PUD) applications are considered for approval. - Action Item i. Text Amendment 2. PC 2012-02 D. Construction Management, Petitioner, on behalf of Brandon Road Properties, LLC, Owner, is requesting authorization within the R-2 One-Family District to temporarily fill low areas and grade portions of a site located at the northeast and southeast corners of Fox Road and Pavilion Road (Evergreen Farm Estates) with uncontaminated soil from roadway projects of the State of Illinois and return to agricultural uses as allowed by Special Use Permit in Section 10-6C- 2 and Section 10-6B-2 of the United City of Yorkville City Code. - Action Item i. Special Use Adjournment DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION City Conference Room Wednesday,February 8, 2012 7:00pm Commission Members in Attendance: Chairman Tom Lindblom Sandra Adams Jeff Baker Jack Jones James Weaver Absent: Charles Kraupner, Jane Winninger, Art Prochaska, Michael Crouch Other City Staff Krysti Barksdale-Noble, Economic Development Director Other Guests -None Meeting Called to Order Chairman Tom Lindblom called the meeting to order at 7:02pm. Roll Call Roll call was taken and a quorum was established. Previous Meeting Minutes - November 9, 2011 The minutes were approved on a motion by Jeff Baker and second by Sandra Adams. Voice vote approval. Citizen's Comments None Public Hearings None Old Business None New Business 1. Kendall County Regional Planning Commission Annual Meeting—Summary Krysti Barksdale-Noble said the Kendall County Regional Planning Commission held their annual meeting on Saturday, February 4, 2012. She said they gave an overview of the 2011 projects and future projects. Some of the highlights included: 1. County trails map, will work with municipalities to include their trails 2. Implement historic preservation program 3. Update land cash ordinance (the City is currently at $101,000 per acre) 4. Promote their economic development plan, the City will approve a resolution of support in March 1 5. Discussed events in municipalities, opposition to trails (the opposition is a City policy decision, while City staff still supports trails). Yorkville and Oswego were the only towns present. Mr. Baker said the County does not want taxpayers to fund trails, rather an alternative source of funding is desired. Mr. Jones asked if the riverfront and County trails would connect. There is an easement shortage, but eventually it is hoped the trail can connect to Kennedy Road and to Bristol Ridge Road. Mr. Jones stated his wife has been chairman and treasurer of the Riverfront committee. The committee has $15,000 in their treasury and would like to see it used in conjunction with the trails. Ms. Barksdale-Noble will talk with Laura Schraw and Lynn Dubajic to explore ways to use that money towards the trails. She said there is an OSLAD grant that has been applied for also. Chairman Lindblom asked if the money could be used by the group supporting the trails, but Mr. Jones said the money is earmarked for the Riverfront Park area. 2. Eldamain Road Extension — Traffic Noise Analysis &Anticipated Project Impact to Future Residential Land Uses In the past months, Ms. Barksdale-Noble said she had conversations with the County Engineer who was hired to conduct this study. A road impact study has been done and traffic modeling will be studied in the next phase. It was found that some of the noise levels would not be suitable for residential, church or hospital uses and some of those uses are included on the future uses map. One of those areas is the Fox River Bluffs area that has already been annexed by the City and is next to the Hoover Center. The designated residential areas have not yet been annexed. Fox River Bluffs has a concept plan already. Mr. Baker said the developers of Fox River Bluffs gave the City a strip of land and are well aware of the piece of land where the road is going to cross the river. Higher density was already planned for this particular area. Krysti said the City should consider more earthen berms and mature plantings in this area and she said that the noise impact is greatly reduced if the berms are wider. The County is moving forward with plans for the Eldamain bridge and an inter- governmental agreement was drafted last year. The County will front-fund the costs and they will be repaid with development re-capture fees. 3. "The Year in Review"—Discussion of Previous Year's Petitions,Proposed Text Amendments to the Zoning Ordinance and Suggestions for Planning Staff Ms. Barksdale-Noble said there were 9 petitions in 2011 and 8 of the 9 were approved. The one not approved was the rezoning for 312 Walter Street. In relationship to this petition, Ms. Barksdale-Noble said she wished to discuss the appropriateness of R2 zoning in R21) zoning in the older parts of the City. She said there were changes in the late 1990's that created the R21) zoning which made some of the properties legally non- conforming. She reviewed lot sizes and density for the Commissioners. 2 She said none of the properties in the Walter St/Mill St. area meet the minimums for square feet for the R21) District. Mr. Baker noted that when these duplexes were built, there were built under the standards for that time. In the non-conforming section of the city ordinance, if the structures sustain damage of 50% of the home value, they would have to rebuild a legal conforming property on less than required square footage. A variance would also be needed to allow for that rebuild. Krysti requested feedback in the event this ever occurred. She asked if it should be addressed on a case-by-case basis, approve a blanket variance for these areas or should a new zoning district be created. Chairman Lindblom said the committee had discussed this already and that rebuilding of the structure should be permitted. Commissioner Baker said an individual should be able to replace what they had if a catastrophe occurred. He said the footprint of the building was platted and conformed at the time of construction. Committee members agreed and Ms. Adams suggested those situations should be grandfathered in. Mr. Baker also suggested this be discussed by the Zoning Commission at the next meeting. Ms. Barksdale-Noble will research options and check insurance industry standards and bring to the April meeting. In another matter, Ms. Barksdale-Noble discussed the idea of a shooting gallery/range in a manufacturing district,which is currently not permitted. She said a local business had this arrangement in their building and was seeking approval. She also had inquiries from several citizens about receiving their Federal Firearms License (FFL) in order to become retail dealers in their homes or in a manufacturing district. She said she was seeking input from the Plan Commission prior to drafting language for text amendments. She suggested that this be a special use and confined to a manufacturing district. All committee members said this type of business should not be in a residential district. There are currently 4 residents registered as dealers for gun sales from their homes. Currently the ATF (Alcohol, Tobacco and Firearms) must notify the City after being contacted by citizens seeking approval. This would cover both gun sales and ammunition. Though home based businesses are allowed, there are City restrictions. Once a permit is issued for this type of business, the City cannot later say they are not zoned for that activity. The license/permit does not travel with an individual, they must be licensed for their location. Ms. Barksdale-Noble will work with the Fire District in crafting language It was noted that sporting goods stores need a federal license to sell guns, however, they only sell hunting guns. This discussion will be brought back to the April meeting. 3 4. Plan Commission Submittal Deadline Schedule for 2012 The following items were discussed: Ms. Barksdale-Noble said she will be changing the memo format for the meetings and will include images. In the future, she will include "motion language"with all details included for ease in making motions. There are 2 items on the agenda for next month's Plan Commission meeting. Chairman Lindblom said he liked the submittal schedule and that it will help applicants. There will be a Public Hearing for the PUD ordinance that has been drafted in the Zoning Commission. During the Route 47 construction, Evergreen Farms will be used as a clean fill staging area. Since this is a State project, IDOT will be responsible for insuring the fill is clean. When the project is finished,the area will revert back to agriculture. Mr. Baker asked about Fox Road's condition since the truck traffic will be heavy. This will be discussed at a later time. It was noted that Fox Road is posted for weight in the Spring. River Road will be repaired this year and will help alleviate traffic problems. In conjunction, Jaycee Park was discussed and it was noted that a lot of time was devoted to this park in the past years. The City currently maintains the lake, but the Sanitary District owns it. Additional Business None Adjournment The meeting was adjourned at 7:55pm on a motion by Jeff Baker and second by Jack Jones. Respectfully submitted by Marlys Young, Minute Taker 4 Memorandum a 1 % To: Plan Commission EST. _ leas From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator �y Date: March 7, 2012 Subject: PC 2012-01 —Proposed Text Amendment to the Planned Unit Development (PUD) Ordinance Background: Since the spring of 2010, staff and the Zoning Commission has held regular monthly meetings devoted to completing a full review of the current zoning ordinance and drafting proposed revisions on a chapter by chapter basis. To date, the Zoning Commission has made comprehensive updates to the structure and content of the zoning code and proposed amendments to the administrative and enforcement aspects to bring it more in line with the actual practices and processes of the City. Generally, at the conclusion of the Zoning Commission's review, a final written assessment report will be submitted to the City Council along with a recommendation for adoption of the new zoning ordinance as part of a public hearing process. However, due to the significance and urgency to update certain sections of the zoning ordinance sooner rather than later, staff will bring those proposed revised chapters before the Plan Commission for immediate text amendment approval. The Planned Unit Development (PUD) Ordinance is the first chapter proposed for comprehensive text amendment consideration. Proposed Text Amendment: The City of Yorkville is proposing to amend Title 10, Chapter 13: Planned Unit Development of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which Planned Unit Development(PUD) applications are considered for approval. The most significant proposed change to this chapter is the reversion back to establishing a Planned Unit Development as a Special Use rather than a district. This is in conformance with 65 ILCS 5/11-13-1.1 of the Illinois Statutes. The proposed revision to the Planned Unit Development Ordinance adopted in 2006, reorganizes and streamlines the review/approval process, as well as adds provisions to address current issues faced with stalled developments in a slow economy. There is also an added provision requiring the approval of a Final Plat for Planned Unit Developments which has been the City's practice, but does not currently exist in the ordinance. Staff Comments & Recommendations: In reviewing and making recommendations for revisions to the Planned Unit Development (PUD) Ordinance staff consulted with the City's Attorney and City Engineer to ensure compliance with current Illinois zoning laws and Yorkville's Subdivision Control Ordinance. Therefore, it is Staff's recommendation the Plan Commission to recommend approval of the proposed text amendment to the PUD ordinance. A copy of the existing PUD Ordinance and proposed revised PUD Ordinance has been attached for your reference. Attachments: 1. Current Title 10, Chapter 13: Planned Unit Development of the United City of Yorkville's Municipal Zoning Ordinance. 2. Proposed Revised Title 10, Chapter 13: Planned Unit Development of the United City of Yorkville's Municipal Zoning Ordinance. 3. Copy of Public Notice. Sterling Codifiers, Inc. Page 1 of 16 Chapter 13 PLANNED UNIT DEVELOPMENT 10-13-1 : PURPOSE: The purpose of this chapter is to provide for an alternative zoning procedure for innovative developments that provide value to the community over the conventional zoning district and which is consistent with the comprehensive plan and intent of the zoning ordinance. Planned unit developments (PUD) are intended to encourage the most imaginative and best possible design of building forms and site planning for tracts of land where unitary plans would best adapt to topographic and other natural features of such sites. Under this procedure, well planned residential, industrial, commercial and other types of land use, individually or in combination, may be developed with design flexibility. Planned developments must be environmentally compatible. They should have a more beneficial effect upon the health, safety and general welfare of the people of the city and particularly, in the immediate surroundings, than developments built in conformity with standard district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD then the amount of open space, retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The planned unit development district shall generally provide attributes in excess of conventional city zoning, building and other land use requirements by (this list being representative and not exhaustive): A. Providing a maximum choice of living environments by allowing a variety of housing and building types; B. Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C. Promoting a more useful pattern of open space and recreation areas incorporated as part of the project and that is compatible with the immediate vicinity; D. Utilizing materials and design of buildings, signs and the site that provide for a unified theme throughout the development; http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 2 of 16 E. Providing substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping (in terms of size of landscape areas and quantity and quality of landscape materials) within the developed portions of the site; F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of materials, signage and design. Generic corporate architecture and big box designs are strongly discouraged but not prohibited. Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; G. Retain, utilize and incorporate historic features on the project site into the overall project design if physically and economically feasible; and/or H. Provide a consistent signage theme. The use of signage design guidelines is required for multiphased projects. (Ord. 2006-40, 5-23-2006) 10-13-2: PROCEDURE: Because a PUD is a rezoning, the public hearing and findings of fact shall follow the procedure as outlined within section 10-14-7 of this title as well as those outlined below. In the event of a conflict, these procedures will control. The approval process includes the following stages: A. Preapplication conference. B. Concept PUD plan and zone map amendment. C. Preliminary PUD plan. (Ord. 2006-40, 5-23-2006) 10-13-3: DELINEATION ON ZONING MAP: http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 3 of 16 Approved planned unit developments shall be delineated and designated PUD and by number on the zoning district map. A file, available for inspection by the public, shall be maintained by the zoning officer for each planned development so designated. The file shall contain a record of the approved development plan and all exceptions authorized therein. (Ord. 2006-40, 5-23-2006) 10-13-4: PREAPPLICATION CONFERENCE: A. Purpose: The purpose of the preapplication conference is to provide advice and assistance to the applicant before preparation of the concept plan so that the applicant may receive input on: 1. Whether the proposed planned unit development will be in conformity with the comprehensive plan and the goals and the policies of the city of Yorkville. 2. Whether the zoning classification of planned unit development is appropriate for the development. B. Procedure: Prior to filing an application for approval of a planned unit development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal preapplication meeting with city staff and its consultants. The preapplication conference shall be held with staff. At such conference the applicant shall provide information as to the location of the proposed planned unit development, the land use types and approximate area of proposed land uses, a list of any and all exceptions to the zoning ordinance and subdivision regulations; and other information necessary to clearly explain the planned unit development. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents, exhibits, and drawings on the proposal that should be included in the application to the city for a planned unit development. (Ord. 2006-40, 5-23-2006) 10-13-5: CONCEPT PUD PLAN AND AMENDMENT OF ZONE CLASSIFICATION TO PLANNED UNIT DEVELOPMENT: A. Purpose: The presentation of the concept plan and requesting an amendment to the zone map is the first step in the planned unit development process. The purpose of the http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 4 of 16 concept plan is to enable the applicant to obtain the recommendations of the city staff, park board (residential developments only) and plan commission and city council approval of concept, density and dwelling unit number prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than thirty (30) days before the next available park board planning meeting or plan commission meeting, the applicant shall file an application with the clerk's office for review of conceptual planned unit development plan. The application shall consist of the following documentation: 1. A completed application form. 2. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall not be less than one inch equals four hundred (1" = 400) scale and shall include the following: a. Name of proposed development. b. Outline of property boundaries. c. Adjacent area within one-fourth (1/4) mile of property. 3. A zoning plat including a legal description of the property to be included in the planned unit development. 4. A written explanation of the general character of the proposed planned unit development that shall include the following: a. A description of all land uses to be included in such district (including open space) with percentages of each use; b. Projected densities for each residential use; c. A description of the development standards and design criteria applicable to the proposed planned unit development; d. An outline describing why the property should be developed as a planned unit development; e. Identification of the conventional zoning classification allowing the uses for each land use type included; f. A list of requested exceptions to applicable city ordinances and codes. 5. A conceptual planned unit development map or plan. The plan shall include the following: a. North arrow, scale and date of preparation. b. Name and address of the site planner, engineer or surveyor who prepared the plan. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 5 of 16 c. Name of property owner. d. Name of petitioner/developer. e. Proposed name of the planned unit development. f. Proposed land uses. g. Total acreage and percent of the site devoted to each land use. h. Location of proposed streets. i. Proposed dedication of land for school and park sites, if applicable. j. Land area to be used for open space such as storm water basins, buffers, parks and trail corridors. k. Proposed approximate building footprints and estimated floor area for all nonresidential structures, if any. I. Maximum number of residential units. m. Gross and net densities. n. Wetlands, floodplain and floodways obtained from published data. o. Location of lakes, ponds, streams and drainage swales. p. Existing vegetation including description of predominant vegetation types and sizes. q. Existing contour lines with a minimum of five foot (5) intervals obtained from published data. r. Location of existing and/or proposed water, sanitary and storm sewer systems intended to serve the development. s. Proximity to existing and proposed transportation corridors and a written statement with regard to transportation impacts due to the PUD. t. Written description of how the existing utilities are planned to be extended to serve the development. u. Any other data reasonably necessary to provide an accurate overview of the proposed development. 6. Other documents may be requested by the city if it is determined necessary to clearly describe the planned unit development. 7. The clerk's office shall have the application reviewed for completeness. If the application is not complete, the applicant will be notified by the clerk's office as to the deficiencies. The application will not be forwarded on for review until the application is complete. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 6 of 16 C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the concept for the planned unit development and supporting documentation and make a recommendation to the plan commission as to the proposal's compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. D. Park Board Review (If Applicable): The park board shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general input on the following: 1. Compatibility of the proposal with the recreation master plan and park development standards. 2. Layout and organization of the open space system. 3. Compliance with the city's land-cash ordinance for parks. 4. Other documentation that the park board would recommend be prepared during the preliminary planned unit development plan phase. 5. A formal recommendation by vote is not given for a conceptual planned unit development plan. E. Plan Commission Recommendation: The plan commission shall conduct at least one public hearing in accordance with Illinois Compiled Statutes. However, the plan commission may continue from time to time the hearing without further notice being published. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the zone map amendment to PUD to allow the concept for the planned unit development. The plan commission shall base its recommendation on the development standards in section 10-13-7 of this chapter and based on the following findings: 1. The compatibility of the proposal with the comprehensive plan, transportation plan, zoning ordinance and subdivision control ordinance. 2. The appropriateness of the proposed land uses. 3. The appropriateness of the general layout of open space, streets, parking areas, lots and buildings. 4. Existing uses of property within the general area of the subject property. 5. The zoning classification of property within the general area of the subject property. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 7 of 16 6. The suitability of the subject property to the uses permitted under the existing zoning classification. 7. The trend of development, if any, in the general area of the subject property, including changes, if any, which have taken place since the day the subject property was placed in its present zoning classification. 8. The impact that the PUD will have upon traffic and traffic conditions in the general area of the subject property. F. City Council Review: The committee of the whole shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the comprehensive plan, transportation plan, zoning ordinance, subdivision ordinance and goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space, streets, parking areas, lots and buildings. 4. Other documents the city council would recommend be prepared for the preliminary planned unit development plan phase. G. Mayor And City Council Decision: 1. The mayor and city council, upon receiving the recommendation of the plan commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the plan commission for further consideration. 2. If an application for a proposed amendment is not acted upon finally by the city council within six (6) months of the date upon which such application is received by the mayor and city council, it shall be deemed to have been denied. H. Modifications To Concept Plan For The Planned Unit Development: After the approval of the concept plan and zone map amendment for the planned unit development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any other provisions of the zoning ordinance of the city. No changes may be made to the approved concept plan for the planned unit development unless approved by the city. Changes to the planned unit development will be determined by the city administrator, or designee, to be one of the following; a minor change or a major change: http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 8 of 16 1. Minor changes to the concept PUD plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the criteria set forth in this subsection H1 may be approved by the city administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. b. A change in mixture of dwelling unit types resulting in a greater than ten percent (10%) change in quantity of any proposed unit type. c. A change in the mixture of land uses resulting in a greater than ten percent (10%) change in area of any proposed use. d. Any reduction of an amount of common open space, landscaping or buffering. e. A change in the functional classification of a roadway. Minor changes not approved by the city administrator may be approved by the city council without review and recommendation by the plan commission, unless the city council refers a request for a minor change to the plan commission for review and recommendation. 2. Major changes are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a minor change. If a major change is requested, the applicant shall submit a revised PUD concept plan and supporting data with an application for a major change to the clerk's office and repeat the review procedures set forth in this section. (Ord. 2006-40, 5-23-2006) 10-13-6: PRELIMINARY PUD PLAN: A. Purpose: The purpose of the preliminary PUD plan submission is to obtain approval from the city that the plans the applicant intends to prepare and follow are acceptable as a preliminary PUD plan, and that any final plans will be approved provided they substantially conform to the preliminary planned unit development plan. The preliminary PUD plan must be substantially in conformance with the concept plan approved at the time of zone map amendment (if the preliminary PUD plan is not substantially in conformance with the concept plan, it will be deemed a major change and a new concept plan will need to be submitted and approved as prescribed by section 10-13-5 of this chapter). Approval of the preliminary planned unit development shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 9 of 16 B. Procedure: Not less than forty five (45) days before the plan commission meeting, the applicant shall file an application with the clerk's office for preliminary planned unit development approval. The application shall consist of the following documentation: 1. One copy of the completed preliminary planned unit development form. 2. Disclosure of beneficiaries form. 3. Preliminary planned unit development plan. The plan shall include at a minimum, the following information: a. North arrow, scale (not less than 1 inch equals 200 feet) and date of preparation. b. Name and address of the site planner, engineer or surveyor who prepared the plan. c. Name of property owner. d. Name of developer. e. Proposed name of development. f. Location map. g. Legal description. h. Site data, including, as applicable: (1) Total acreage, and acreage and percentage of each proposed land use. (2) Percent of land devoted to streets and public rights of way. (3) Number of residential lots. (4) Floor area (nonresidential). (5) Gross and net residential density. (6) Minimum, maximum and average lot sizes. (7) Percent of lot coverage for all uses except detached single-family and duplex. (8) Identify the conventional zoning classification used to define each land use and list variances granted by the concept plan approval, if any. i. Aerial photograph illustrating the subject property and adjacent property within one- fourth (1/4) mile of the site. j. Existing zoning and owners of adjacent property. k. Municipal limits. I. School district boundaries. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 10 of 16 m. Property lines and dimensions. n. Residential lots with approximate dimensions. o. Location of multi-family and single-family attached buildings. p. Footprints of nonresidential buildings. q. Front, rear, side yard and corner side yard setbacks. r. Off street parking and loading areas, including number and dimensions of parking spaces, drive aisles and loading zones. s. Configuration and acreage of all land proposed as open space including storm water management areas, parks, buffers, and trail corridors. t. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, and similar public and quasi-public uses. u. Pedestrian and/or bicycle circulation systems. v. Existing vegetation. w. Limits of jurisdictional and nonjurisdictional wetlands. x. Limits of 100-year floodplain. y. Surface water including lakes, ponds, streams and drainage swales. z. Existing contour lines with a minimum one foot (1') interval. aa. Any other data reasonably necessary to provide an accurate overview of the proposed development. 4. Preliminary landscape plan indicating the name, variety, size, location and quantities of plant material for all common and dedicated areas including parkways, buffer areas, storm water basins, wetlands, entry areas, medians, and parking lot islands. 5. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall show an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas, as well as all utility easements. The plan shall be accompanied by a statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. 6. Photometric plan (for nonresidential developments only). The photometric plan shall be superimposed on the site plan, and shall: a. Identify the location and heights of all light standards. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 11 of 16 b. Identify foot-candle intensities on the site of the planned unit development, and ten feet (10') beyond proposed property lines. c. Include specifications for proposed lighting, including wattage, method of illumination, and color of light standards and luminaries. 7. Architectural drawings. When requested by plan commission or city council, preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a. Typical elevations (front, rear and side) for proposed residential and nonresidential buildings, which identify materials and color styling proposed for all elements of the building. b. Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 8. The plan commission or city council may require preparation and submittal of the following for review and evaluation: a. Fiscal impact study, detailing the estimated cost which the planned unit development will have on all taxing bodies, and anticipated revenues which will be realized from each phase of development. b. Proposed covenants, conditions and restrictions and/or homeowner association bylaws. c. Other information that may be required by the plan commission or city council. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the preliminary planned unit development and supporting documentation and make a recommendation to the plan commission as to the proposal's concurrency with the approved concept planned unit development plan and compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. A traffic impact study will be prepared by the city as part of the plan council's review. D. Park Board Review (When Applicable): The park board shall conduct a formal review of the preliminary planned unit development plan and supporting documentation. The park board shall forward its recommendation to the city council. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 12 of 16 E. Plan Commission Review: The plan commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the preliminary planned unit development plan. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. F. City Council Review: Subsequent to receiving the plan commission and park board recommendations, the city council shall conduct a public hearing and shall approve or deny the application for the preliminary planned unit development plan. G. Modifications To Preliminary Plan For The Planned Unit Development: After the approval of the planned unit development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any other provisions of the zoning ordinance of the city. No changes may be made to the approved planned unit development unless approved by the city. Changes to the planned unit development will be determined by the city administrator, or designee, to be one of the following; a minor change or a major change. 1. Minor changes to the preliminary PUD plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the criteria set forth in this subsection G1 may be approved by the city administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. b. Any change in circulation patterns or access. c. A change in the mixture of dwelling unit types resulting in a greater than five percent (5%) change in quantity of any proposed unit type. d. Any change in grading or utility provisions. e. A change in the mixture of land uses resulting in a greater than five percent (5%) change in area of any proposed use. f. Any reduction of an amount of common open space, landscaping or buffering. g. Any change to exterior elevations of buildings which alter rooflines, building materials, approved color schemes or result in a change in architectural style. h. Other changes of similar scale, proportion or use. Minor changes not approved by the city administrator may be approved by the city council without review and recommendation by the plan commission, unless the city council refers a request for a minor change to the plan commission for review and recommendation. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 13 of 16 2. Major changes to the preliminary PUD plan are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a minor change. If a major change is requested, the applicant shall submit a revised PUD preliminary plan and supporting data with an application for a major change to the clerk's office, not less than forty five (45) days before the plan commission meeting. The plan commission shall recommend to the city council approval or denial of the application for a major change. Subsequent to receiving the plan commission and park board (when applicable) recommendations, the city council shall approve or deny the application for the major change. (Ord. 2006-40, 5-23-2006) 10-13-7: DEVELOPMENT STANDARDS: The density, minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the concept PUD request. Plan commission shall make findings and recommendations to city council for approval of the planned unit development, based upon the following standards: A. General: 1. The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. 2. The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. 3. That all minimum requirements pertaining to commercial, residential, institutional or other uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this title, except as may be specifically varied herein granting and establishing a planned development use. 4. There is no minimum district size required for a PUD. 5. Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction or covenant, any land or space separate from single-family or multi-family residential districts to be used for parks, playgrounds, commons, greenways or open areas, the plan commission may consider and recommend to the city council and the city council may vary the applicable minimum requirements of the comprehensive plan, subdivision regulations and the zoning ordinance which may include, but not necessarily be limited to, the following: http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 14 of 16 a. Rear yard. b. Side yard. c. Lot area. d. Bulk. e. Intensity of use. f. Street width. g. Sidewalks. h. Public utilities. i. Off street parking. B. Residential: 1. Business uses may be included as part of a planned residential development when applicable. 2. Use regulations: a. Uses proposed are consistent with those listed as allowable uses in the respective zoning districts. 3. Uses listed as special uses in the zoning district in which the development is located may be allowed. 4. Signs. In accordance with the regulations set forth in title 8, chapter 11 of this code. 5. The plan commission may recommend and the city council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet (200') from the dwelling served. The plan commission also may recommend and the city council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including, provided: a. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys. c. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned development is included and the plan is developed to afford adequate http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 15 of 16 protection to neighboring properties as recommended by the plan commission and approved by the city council. C. Nonresidential: In a planned business development, the following additional requirements are hereby specified: 1. Residential use may be included as part of a nonresidential planned unit development. 2. All walks within the planned unit development shall be paved with a hard surfaced material meeting the specifications of the city engineer. 3. Any part of the planned development not used for buildings, loading and accessways and walkways shall be landscaped with grass, trees, shrubs and other plant material according to the landscape plan, as recommended by the plan commission and approved by the city council. 4. Permitted business uses shall be prescribed in the ordinance granting the planned development. 5. The buildings in the planned development shall be planned and designed as a unified and single project. 6. Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open space, schools, churches or other similar uses. D. Conditions And Guarantees: Prior to granting any special uses, the plan commission may recommend and the city council shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the property governed by the special use. E. Effect Of Denial Of A Special Use: After a public hearing, no application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and the city council. F. Termination Of Special Use Permit: If work on the proposed development has not begun within twenty four (24) months from the date of the authorization order of the city council, the authorization shall become null and void and all rights hereunder shall lapse. (Ord. 2006-40, 5-23-2006) http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 16 of 16 10-13-8: FEES: The city council shall establish a schedule of fees, charges and expenses for occupancy permits, appeals, applications and amendments for special use, and other matters pertaining to this chapter. The schedule of fees shall be posted in the clerk's office and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 2006-40, 5-23- 2006) 10-13-9: SEVERABILITY: Each section, clause and provision of this chapter shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses or provisions of this chapter. (Ord. 2006-40, 5-23-2006) 10-13-10: REPEAL OF CONFLICTING ORDINANCES: Any and all other ordinances or parts of ordinances, in conflict herewith are repealed. (Ord. 2006-40, 5-23-2006) 10-13-11 : EFFECTIVE DATE: This chapter shall be in full force and effect immediately after passage, approval and publication in book form according to law. (Ord. 2006-40, 5-23-2006) http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 CHAPTER 13 Planned Unit Development SECTION: 10-13-1: Purpose and Intent 10-13-2: Authority 10-13-3: Definition and Size Limitations 10-13-4: Procedures for Establishment 10-13-5: Pre-Application Conference 10-13-6: Concept PUD Plan Review 10-13-7: Preliminary PUD Plat 10-13-8: Final PUD Plat 10-13-9: Amendments or Minor Revisions to PUD Plat 10-13-10: Conditions for Approval 10-13-11: Development Standards and Design Criteria 10-13-12: Fees 10-13-13: Separability 10-13-14: Effective Period of Planned Unit Development 10-13-15: Effective Date 10-13-1: PURPOSE AND INTENT: Planned Unit Developments are unique and differ substantially from conventional subdivisions and therefore require administrative processing as"Special Uses"under this Title. Planned Unit Developments are a complex type of Special Use, potentially consisting of various land uses and design elements, requiring the establishment of more specific procedures, standards and exceptions from the strict application of the zoning district regulations to guide the recommendations of the Plan Commission and the action of the City Council. The purpose of this chapter, therefore, is to provide for an alternative zoning procedure under which land can be developed or redeveloped with innovation, increased amenities and creative environmental and architectural design than would be possible to achieve under the otherwise standard zoning district regulations while being in general compliance with the planning objectives and intent of the zoning ordinance. Under this procedure, well planned residential, industrial/manufacturing, commercial and other types of land uses, individually or in combination, may be developed with design flexibility allowing for full utilization of the topographical and environmental characteristics of the site. Planned Unit Developments must have an approved development plan which provides for a unified design, contiguity between various elements and be environmentally compatible with the surrounding area. There should be an increased benefit upon the health, safety and general welfare of the public and particularly, in the immediate surroundings,than developments built in conformity with the underlying district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD;then the amount of open space,retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The Planned Unit Development is not intended to be a mechanism solely used for the allowance of increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title, rather a Planned Unit Development shall generally provide attributes in excess of conventional city zoning, building and other land use requirements such as,but not limited to the following: A. Providing a maximum choice of the overall living environment through a variety of type, design and layout of residential structures, commercial and industrial buildings, office and research uses and public facilities; B.Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C.Promoting a more useful pattern of dedicated open space and recreation areas incorporated as part of the development plan and that is compatible with the immediate vicinity; D. Provide public access and pedestrian connectivity via bicycle/recreational paths, sidewalks and/or alternative modes of transportation. E. Providing and or preserving substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping(in terms of size of landscape areas and quantity and quality of landscape materials)within the developed portions of the site; F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of building materials, signage and way-finding standards as well as design elements. Generic corporate architecture and big box designs are strongly discouraged but not prohibited.Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; G. Retain, utilize and incorporate historic features on the project site into the overall project design, if physically and economically feasible;and/or H. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale commercial developments. I. Encourage high-quality planned industrial park environments and well-designed business centers for single or multiple-tenant facilities. J. Provide/enhance regional public infrastructure such as roadways, water/sanitary service, storm water management objectives. 10-13-2: AUTHORITY: A. The Plan Commission shall review and recommend approval, approval with modification or denial of applications for Planned Unit Developments. The City Council shall have final decision to approve, approve with modification,or deny applications for Planned Unit Developments. B. The procedures set forth in this chapter shall apply to all Planned Unit Developments. C. Planned Unit Developments may be allowed in each of the zoning districts in the United City of Yorkville only as a Special Use as prescribed in Chapter 6: Permitted and Special Uses and approved pursuant to the procedures set forth in Section 10-4-9 of this Title. D. Bulk regulations set forth in the Zoning Ordinance shall not apply to Planned Unit Developments; provided, however, that the Off-Street Parking and Loading regulations set forth in Chapter 18 of this Title shall apply to all Planned Unit Developments. 10-13-3: DEFINITION AND SIZE LIMITATIONS: A Planned Unit Development is a tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two(2) acres in area, and Planned Unit Developments in manufacturing districts which shall be at least ten(10) acres in area. All land area within a Planned Unit Development must be contiguous;provided that properties separated by highways, streets, public ways, railroads or other public utility right-of-ways may be deemed contiguous for the purpose of qualifying as a Planned Unit Development. Pursuant to the procedures set herein, the establishment of a Planned Unit Development shall be applicable to the addition of property to an existing Planned Unit Development. 10-13-4: PROCEDURES FOR ESTABLISHMENT: A. Planned Unit Development applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents.Detailed plans,drawings and other information as specified in this Title shall be required at the time of the various phases, meetings and hearings as detailed herein.Each stage shall be reviewed and certified by the Zoning Administrator as being in accordance with the Planned Unit Development requirements before proceeding to the next stages. The approval process shall include the following stages: 1. Pre-Application Conference- Introductory meeting held with City staff as set forth in Section 10-13-5 of this Chapter. 2. Concept PUD Plan Review- An informal review of overall concept conducted by the City Council to provide constructive feedback to petitioner of plan as set forth in Section 10-13-6 of this Chapter. 3. Preliminary PUD Plat- First,a technical review of detailed plans by various city departments at a Plan Council meeting is held;a public hearing is then conducted by the Plan Commission;and final determination is made by the City Council,as set forth in Section 10-13-7 of this Chapter. 4. Final PUD Plat- A public hearing is then conducted by the Plan Commission with final determination made by the City Council,as set forth in Section 10-13-8 of this Chapter. B. The final two (2) stages of the PUD process, Preliminary PUD Plat and Final PUD Plat, may be submitted and reviewed concurrently, as determined by the Plan Council, based upon the following criteria: 1.The PUD plan forwards the goals of the city's planning objectives and official plans, including but not limited to, the Integrated Transportation Plan, Downtown Vision Plan, Stormwater Management Plan and various watershed development plans. 2.The PUD plan requires limited variances from the use or bulk regulations of the conventional/underlying zoning district in which it is to be located. 3.The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of city ordinances, which include but are not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guidelines and Water Conservation Ordinance. 10-13-5: PRE-APPLICATION CONFERENCE: A. Purpose: The purpose of the pre-application conference is to provide information, guidance and assistance to the applicant before preparation of the concept plan so that the applicant may receive informal input on: 1.Whether the proposed Planned Unit Development will be in conformity with the planning and other development goals and the policies of the United City of Yorkville. 2. Whether the existing zoning and land use in the general area of the Planned Unit Development is appropriate for a Planned Unit Development. B. Procedure: Prior to filing an application for approval of a Planned Unit Development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal pre-application meeting with city staff and its consultants. 1. The pre-application conference is mandatory and shall be held with staff,but is at no charge to the petitioner.At such conference,the applicant shall provide information relating to the following: a. The location of the proposed Planned Unit Development; b. The land use types and approximate area of proposed land uses; C. A list of any and all exceptions to the zoning ordinance and subdivision regulations requested; and d. Other information pertinent to the proposed Planned Unit Development. 2. The pre-application conference shall be an informal communication and discussion of the proposed Planned Unit Development, and no commitments shall be given,nor shall statements or opinions of the city staff and its consultants be deemed binding. 3. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents,exhibits,and drawings on the proposal that should be included in the application to the city for a Planned Unit Development. (Ord.2006-40,5-23-2006) 10-13-6: CONCEPT PUD PLAN REVIEW: A. Purpose: The presentation of a Concept PUD Plan is optional.The purpose of the Concept PUD Plan is to enable the applicant to obtain the informal feedback from the city staff and City Council regarding the overall project concept, density and dwelling unit or land use type prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than forty-five (45) days before the next available City Council meeting, the applicant shall submit to the City for review the conceptual Planned Unit Development plan. The submittal shall consist of twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fee. 3. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall be one-inch equals one-hundred(1"= 100) scale,but no less than one-inch equals four hundred(1"=400)and shall include the following: a.Title or Name of the proposed Planned Unit Development. b. Outline of property boundaries. c.Adjacent area within one-fourth(1/4)mile of property. 3. A zoning plat including a legal description of the property with total property acreage notated to be included in the Planned Unit Development. 4. A written explanation of the general character of the proposed Planned Unit Development that shall include the following: a. A description of all proposed land uses(including open space)with percentages of each use; b. Projected densities and housing type for each residential use; c. A description of the development standards and design criteria applicable to the proposed Planned Unit Development; d. An outline describing why the property should be developed as a Planned Unit Development; e. Identification of the conventional zoning classification allowing the uses for each land use type included and compatibility to the fixture land use designation for the property in the City's official Comprehensive Plan; f. Identification of existing uses and zoning of adjacent properties to the Planned Unit Development. g.A list of requested exceptions to applicable city ordinances and codes. 5. A written description of general site information that should include, but shall not be limited to, the following,if known or available: a. Existing site conditions. b. Environmental characteristics. c. Availability of community facilities and utilities. d. Existing covenants. 6. A conceptual Planned Unit Development sketch or land plan. The sketch or land plan shall provide sufficient detail to demonstrate the physical relationship between the existing land condition, surrounding land uses and the proposed Planned Unit Development,and shall include the following: a.North arrow(true meridian),scale and date of preparation. b.Name and address of the site planner,or engineer who prepared the plan. c.Name of property owner. d.Name of petitioner/developer. e.Proposed name of the Planned Unit Development. f. Location map showing the location of the Planned Unit Development within or proximity to the corporate boundaries. g. Boundary and/or property lines of proposed development and dimensions of the lots into which the property is proposed to be subdivided. h. Proposed land uses, and total acreage and percent of the site devoted to each land use including minimum and average lot sizes and proposed dedication of land for school and park sites, if applicable. C. City Council Review: The City Council shall conduct an informal review of the conceptual Planned Unit Development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the transportation plan, zoning ordinance, subdivision ordinance and land use planning goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space,streets,parking areas,lots and buildings. 4. Other information the City Council would recommend be prepared for the preliminary Planned Unit Development plan phase. 10-13-7: PRELIMINARY PUD PLAT: A. Purpose: The purpose of the Preliminary PUD Plat submission is to obtain approval from the City that the plans the applicant intends to prepare and follow are acceptable as a Preliminary PUD Plat,and that any final plans will be approved provided they substantially conform to the Preliminary Planned Unit Development Plat. Approval of the Preliminary Planned Unit Development Plat shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Preliminary Planned Unit Development Plat approval. The applicant shall submit twenty (20)paper copies folded to fit in a 10"x 13"envelope and two (2) electronic copies of the following documentation: 1.A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Disclosure of beneficiaries form and statement of present and proposed ownership of all land within the development. 4. An aerial photograph exhibit of the property taken within the last two (2) years of the adjacent area within one-fourth (1/4) mile of property. The aerial photograph exhibit shall be one-inch equals one-hundred(1"= 100)scale,but no less than one-inch equals four hundred(1"=400). 5. Written explanation of the character of the Planned Unit Development and the reasons why it has been planned to vary from the conventional Zoning Ordinance regulations.This explanation shall detail how the proposed Planned Unit Development meets the objectives of all official plans which affect the subject property. 6. Preliminary Planned Unit Development Plat. The plat shall be a detailed plan which includes at a minimum,the following information: a. Title notation stating"Preliminary Plat"or"Preliminary Plan". b. North arrow,scale(not less than 1 inch equals 100 feet)and date of preparation. c. Name and address of the site planner,engineer or surveyor who prepared the plan. d. Name of property owner. e. Name of petitioner/developer. f. Proposed name of the Planned Unit Development or subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. g. Location map showing the general area of the Planned Unit Development within or proximity to the corporate boundaries. h. Legal description prepared by a registered land surveyor. i. Boundary lines—bearings and distances. j. Site data,including,as applicable: 1) Current zoning classification. 2) Total area of property in square feet and acreage, and percentage of each proposed land use. 3) Square footage and percent of site coverage with buildings. 4) Square footage and percent of site coverage with impervious surfaces. 5) Square footage and percent of site covered dedicated to common open space such as storm water management systems, landscaping and buffers, parks, trail corridors and recreational areas. 6) Total number of off-street parking and loading spaces provided and method used to calculate the number of required spaces for each land use. 7) Total number of buildings. 8) Total number of residential dwelling units by type, and the number of bedrooms in each dwelling unit type. 9) Gross Floor Area for all non-residential buildings/uses. 10) Gross and net densities for the overall Planned Unit Development and for each land use. a. Residential Density: Provide information on the density of residential uses, including dwelling units per acre, dwelling units per net acre; gross and net residential density (dwelling units per acre of land devoted to residential sectors of the PUD; gross being all land, net being gross acres minus land used for public or common usage). Information should also be provided for each unit in the Planned Unit Development,if applicable. b. Non-Residential Intensity: Provide information on the type and amount of non-residential uses including building locations, sizes, floor area ratio, building height,the amount and location of common open space. 11) Minimum,maximum and average lot sizes. 12) Percent of lot coverage for all uses except detached single-family and duplex. k. Depiction of Lots: a. Residential lots shall depict approximate lot dimensions;building footprints for all multi- family and single-family attached structures;and dimensioned required yard setbacks. b. Non-residential lots shall depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of non-residential buildings shall also be provided. 1. Existing zoning and land use of adjacent property within five hundred feet (500') of all sides of the site. m. Other conditions of adjoining land — owners of un-platted land; subdivision plat name, recording date and number of adjoining platted land; actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines and towers. n. Municipal limits. o. School district boundaries. p. .Existing easements—location,width and purpose. q. Location of existing streets in, and adjacent to, the property including: street name, right-of-way width,existing and proposed center lines,pavement type,walks,trails,curbs,gutters,culverts,etc. r. Proposed public improvements such as highways and other major improvements planned by public authorities for future construction on or near the property. s. Existing utilities on, and adjacent to, the property including: location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines (above and below ground) and street lights; direction and distance to, and size of nearest water mains and sewers adjacent to the property showing invert elevations. t. Ground elevations on the property and on the first fifty feet(50') of all adjacent parcels showing a minimum of one foot(1')contours for land which slopes less than one-half percent('/2%)along with all breaks in grades, and all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; for land that slopes more than one-half percent ('/2%) showing a minimum of two foot (2') contours. Any land within the one hundred (100) year floodplain,as determined by the City Engineer or an outside consultant,shall also be shown. u. Subsurface conditions on the property shall be shown,if deemed required by the City Engineer or an outside consultant. This includes the location and results of tests made to subsurface soil, rock and groundwater conditions,depth to groundwater,unless test pits are dry at a depth of fifteen feet(15'); location and results of a soil percolation test if individual sewage disposal systems are proposed. v. Water courses, marshes, rock outcrop, wooded areas, existing vegetation, isolated trees four inches (4")or more in diameter at breast height,existing structures and other significant features. w. Location of all proposed off-street parking and loading areas, including dimensions of parking spaces,drive aisles and loading zones. x. Configuration of all land proposed as open space including storm water management areas, parks, buffers,and trail corridors. y. All sites to be conveyed, dedicated, or reserved for parks, school sites,public buildings, and similar public and quasi-public uses. z. Pedestrian and/or bicycle circulation systems. aa.Limits of jurisdictional and non jurisdictional wetlands. bb.Any other data reasonably necessary to provide an accurate overview of the proposed development. 7. Preliminary landscape plan indicating the name, variety, size, location and quantities of plant material for all common and dedicated areas including parkways, buffer areas, storm water basins, wetlands, entry areas,medians,and parking lot islands. The landscape plan shall also depict permanent signs and street fixtures,and a detail plan of landscaping for a typical building area. 8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall illustrate an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas,as well as all utility easements,and be accompanied with: a.A feasibility report or statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. b.Preliminary stormwater report. c.Preliminary mass grading plan. d.Traffic analysis or study, prepared by a transportation engineer or planner, which analyzes the impact caused by the Planned Unit Development on the street and highway systems. 9. Architectural drawings. Preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a. Typical elevations(front,rear and side)for proposed residential and nonresidential buildings,which identify materials and color styling proposed for all elements of the building. b.Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 10. Development Plan Schedule indicating: a. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. b. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. c. Dates for beginning and completion of each stage. 11. The Plan Commission or City Council may require preparation and submittal, at the petitioner's expense, of the following for review and evaluation: a.Fiscal impact study,detailing the estimated cost which the Planned Unit Development will have on all taxing bodies, and anticipated revenues to such taxing bodies which will be realized from each phase of development. Information shall include detailed estimates on: 1) Expected population of the development; 2) Impact on service and/or operating costs to be incurred by each taxing body as a result of the development; 3) Any major capital investments required, in part or in whole, by each taxing body due to the development; b.Proposed covenants,conditions and restrictions and/or homeowner association bylaws. c. Environmental analysis or study, prepared by an environmental specialist, which analyzes the major impacts the Planned Unit Development may have on the environment including, but not limited to,the effects on discrete ecosystems,deteriorated air quality in the immediate vicinity and along arterial and collector roadways leading to the Planned Unit Development from a specified distance determined by the City Engineer or consultant; any deterioration in the groundwater or surface water quality; effect on sensitive land areas such as floodplains,wetlands, forests, aquifer recharge areas,historic buildings or structures,prairie landscapes,and mineral resource reserves. d. Market study indicating the extent of market demand for the uses proposed in the Planned Unit Development including an analysis of demographics, sales potentials, competitive alignment, an assessment of the market share or opportunity gaps, and marketing positioning of each component of the Planned Unit Development. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the Plan Council. The Plan Council shall review the Preliminary Planned Unit Development Plat and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives, transportation plan,recreation master plan, zoning ordinance, subdivision control ordinance,annexation agreement,and other goals and policies for developing the city. D. Plan Commission Review: The Plan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan Commission shall recommend to the City Council approval or denial of the Preliminary Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Park Board Representative: When applicable for the Park Board's review of the Preliminary Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Preliminary Planned Unit Development Plat and supporting documentation: a.Compatibility of the proposal with the recreation master plan and park development standards. b.Layout and organization of the open space system. c.Compliance with the city's land-cash ordinance for parks. F. City Council Review: Subsequent to receiving the Plan Commission and Park Board recommendations, the City Council shall conduct a public hearing and shall approve or deny the application for the Preliminary Planned Unit Development Plat. 10-13-8: FINAL PUD PLAT: A. Purpose: A Final Plat for the Planned Unit Development, suitable for recording with the Kendall County Recorder of Deeds, shall be prepared by the petitioner for consideration and approval by the city. The purpose of the Final PUD Plat submission is to designate and depict with particularity the land subdivided into lots,whether conventional or otherwise, common open space and building areas. The Final Plat shall also designate and limit the specific internal uses of buildings, structures, and uses of land, as well as provide any additional information or details required by the City Council when approving the Final PUD Plat. B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Final Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Final Planned Unit Development Plat. The plat shall be a detailed plan which includes, at a minimum,the following information: a) An accurate legal description of the entire area under the immediate development within the Planned Unit Development. b) A subdivision plat of all subdivided lands in the same form and meeting all the requirements of the Yorkville Subdivision Control Ordinance and Municipal Code. c) An accurate legal description of each separate unsubdivided use area, including common open space. d) Designation of exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put,including construction details. e) Illustrate center line elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall also be furnished for each building. f) Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, storm water detention facilities and other site improvements. g) Certificates, seals, and signatures required for the dedication of land and recording of the document. h) Tabulations on each separate unsubdivided use area, including land area, numbcr of buildings,and number of dwelling units per acre. i) Construction schedule—A final construction schedule indicating: i. Stages in which the project will be built, with emphasis on area, density, use of public facilities,and open space to be developed with each stage. ii. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. iii. Dates for beginning and completion of each stage. 4. Common Open Space Documents: All common open space, at the discretion of the City Council, shall be: a) Conveyed to a city or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the Planned Unit Development or adjoining property owners of any one or more of them. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space;or b) Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners and/or both. c) Such documents shall also provide that the city shall have the right, but not the obligation,to perform necessary maintenance of the common open space, and shall have the authority to place a lien against the individually-owned property in the Planned Unit Development for the costs thereof. 5. Public and Quasi-Public Facilities — Guarantee of Performance: All public and quasi-public facilities and improvements made necessary as a result of the Planned Unit Development, including but not limited to,parks, schools,recreational areas, etc., shall guarantee the completion of such, as set forth in the Yorkville Subdivision Control Ordinance, except where varied by the approved Final Plat. 6. Final covenants,conditions and restrictions and/or homeowner association bylaws. 7. Delinquent Taxes — A certificate shall be furnished from the County Tax Collector that no delinquent taxes exist and that all special assessments constituting a lien on the whole,or any part, of the property of the Planned Unit Development have been paid. 10-13-9: AMENDMENTS OR MINOR REVISIONS TO PUD: After the approval of the Final Planned Unit Development Plat, the use of land, construction, location of buildings and structures in the Planned Unit Development shall be developed in accordance with such approved plans,rather than by any other provisions of the zoning ordinance. Any changes,modifications or alterations to the approved Final Planned Unit Development Plat shall be considered either a minor or a major modification. 1. No changes maybe made to the approved Final Planned Unit Development Plat unless approved by the city. The nature of the requested change, either minor or major, to the Planned Unit Development will be determined by the City Administrator,or designee,as follows: A. Minor Changes: Minor changes to the Final PUD Plat are modifications or revisions that do not alter the overall intent of the PUD. Minor changes may be approved by the City Administrator, or designee if the proposed modification does not result in any of the following: i. An increase or decrease in overall density greater than five percent(5%). ii. An increase or decrease in the mixture of residential dwelling unit types greater than five percent(5%). iii. An increase or decrease in area for any land use or land use mixture greater than five percent(5%). iv. An increase or decrease in total number of parking spaces greater than five percent (5%). v. Any reduction in area of common open space, landscaping or buffering, particularly when reduced below the minimum standard prescribed in Section 10-13-11: Development Standards and Design Criteria. vi. Any significant changes in building layout,orientation or height of buildings. vii. A change in the functional classification of a roadway. Minor changes not approved by the City Administrator may be appealed by the applicant or property owner to the City Council without review and recommendation by the Plan Commission or Park Board Representative (when applicable), unless the City Council refers the request for a minor change to the Plan Commission or Park Board Representative (when applicable)for review and recommendation. B. Major Changes: Major changes to the Final PUD Plat are modifications which alter the concept or intent of the approved PUD exceeding the criteria set forth constituting a minor change. Major changes to the Final PUD Plat shall be subject to review and recommendation by the Plan Commission and Park Board Representative(when applicable)with final approval or denial determined by the City Council. C. Application for PUD Modification or Changes: For any modifications or changes resulting in an amendment to an approved Final PUD Plat, the applicant shall submit a revised plat and supporting data with an application for a major or minor change to the Clerk's Office in accordance with the following: i. The title of the plat shall indicate the nature of the change. ii. If a major change, the revised plat and supporting data with an application shall be submitted to the Clerk's Office not less than forty five (45) days before the Plan Commission meeting. D. Notice for Major Changes to PUD Plat: The notice for a major change to an approved Final PUD Plat shall conform to the requirements of Section 10-4-10:Amendments of this Title. E. All approved major or minor changes to an approved Final PUD Plat shall be recorded with the County and shall be binding on the applicants, their successors, grantees and assigns and shall govern the development of the PUD,as set forth therein. 10-13-10: CONDITIONS FOR APPROVAL: The Plan Commission may recommend approval of a Special Use for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat for the proposed development or amendment upon considering the following: 1. In what respect does the design of the Planned Unit Development meet the requirements and design standards of the development standards and design criteria, 2. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in the zoning ordinance and how the modifications in design standards from the subdivision control regulations fulfill the intent of those regulations. 3. The extent of public benefit produced by the Planned Unit Development, such as but not limited to, the adequacy of common open space and/or public recreational facilities provided; sufficient control over vehicular traffic; provision of public services; provision and protection of the reasonable enjoyment of the land. 4. The relationship and compatibility,beneficial or adverse, of the Planned Unit Development to the adjacent properties and nearby land uses. 5. The extent to which the Planned Unit Development fulfills the objectives of the future planning objectives or other planning policies of the City. 6. The Plan Commission finds that the Planned Unit Development satisfactorily meets the standards for Special Use as defined in Section 10-4-9 of this Title. 10-13-11: DEVELOPMENT STANDARDS AND DESIGN CRITERIA: A. Purpose: The purpose of this section is to establish and provide a comprehensive set of standards and guidelines in which Planned Unit Developments are designed. While specific recommendations for development and design are provided, flexibility is also encouraged through guidelines which enable individual developments to be distinct from one another while maintaining the inherent character of the city. B. Applicability: These standards and established criteria shall apply to all newly constructed buildings and sites within a Planned Unit Development. Each proposed development will be evaluated on its compliance with the established regulations/guidelines contained herein. C. Density: The density,minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the Special Use request. D. Use Regulations: Planned Unit Developments may be comprised of a single-type of land use or a mixture of land uses when applicable and when different intensity of land uses are appropriately buffered or separated. 1. Uses proposed shall be consistent with those listed as allowable uses in the respective zoning districts. 2. Uses listed as special uses in the zoning district in which the development is located may be allowed. E. The Plan Commission may recommend and the City Council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet(200')from the dwelling served. F. The Plan Commission also may recommend and the City Council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including,provided: a. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys. c. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned unit development is included and the plan is developed to afford adequate protection to neighboring properties, i.e. fire protection and sufficient area needed for utility easements, as recommended by the Plan Commission and approved by the City Council. G. Design Criteria: All standards of the United City of Yorkville Design Guidelines (Ord. 2009-28) and the Section 7.00 Design Standards of the United City of Yorkville Subdivision Control Ordinance's shall apply to all Planned Unit Developments. 10-13-12: FEES: The City Council shall establish a schedule of fees, charges and expenses for occupancy permits, appeals, applications and amendments for special use, and other matters pertaining to this chapter. The schedule of fees shall be filed in the clerk's office and may be altered or amended only by the City Council. Until all applicable fees, charges and expenses have been paid in full,no action shall be taken on any application or appeal. (Ord.2006-40,5-23-2006) 10-13-13: SEVERABILITY: Each section,clause and provision of this chapter shall be considered as separable,and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses or provisions on this chapter. (Ord.2006-40,5-23-2006) 10-13-14: EFFECTIVE PERIOD OF PLANNED UNIT DEVELOPMENT: A. The planned unit development shall be constructed in a timely manner.The planned unit development shall be subject to revocation under the following conditions: 1. Final Plat approval does not occur within twelve(12)months from the date of approval of the preliminary plat of a planned unit development. 2. Construction does not commence and proceed within three(3)years from the date of approval of the Final Plat of a Planned Unit Development. 3. The City Council may extend the time limits for Final Plat approval for no more than two(2) 12- month periods.Commencement for construction may also be extended by the City Council in one (1)year increments. B. The City Council may initiate or the owner of the parcel of land on which the Planned Unit Development is to be constructed may apply for the revocation of the Planned Unit Development. The owner shall be notified, in writing, at least thirty(30)days prior to the City Council's consideration of the revocation if initiated by the City Council. C. The City Council shall consider, but not be limited to, the following standards in the review of the status of the project construction to determine whether there is reasonable cause for delay: a. The original program of development with regard to market demand for the components included in the final plan; b. Conditions in the real estate finance market; c. General economic conditions in the local area,state or region; d. The ability and purposefulness of development operations for the Planned Unit Development;and e. Laws, ordinances or other regulations that may have affected timely development of the project. D. Upon consideration of the findings by the City Council regarding the standards in Subsection 10-13- 14-C,the City Council shall decide whether: a. To revoke those portions of the Planned Unit Development for which construction has not begun; b. To extend the time allotted for construction to commence based upon a revised schedule of construction,or c. To require special changes in the Planned Unit Development as a condition of a time extension, whereby such changes shall be deemed a"major change"to the Planned Unit Development. E. Upon revocation of a Planned Unit Development, the parcel of land shall conform to the permitted uses and other regulations of the underlying zoning district of which it is a Special Use unless an amendment or other Special Use is initiated by the City Council or is applied for by the owner of the parcel of land on which the Planned Unit Development was to be constructed and granted by the City Council. 10-13-15: EFFECTIVE DATE: This ordinance shall be in full force and effective immediately after passage, approval and publication in book form according to law,and its regulations shall be in effect except where a Final Plat for Planned Unit Development has been approved and building permit issued prior to the enactment of this ordinance, and further providing that substantial change of position, expenditures or incurrence of obligations by or on behalf of the applicant of such approval or building permit would occur as a result of compliance with the ordinance.Applications for Concept PUD Plan Review, or amendments to approved Preliminary PUD Plat or Final PUD Plat under the former Planned Unit Development (Ord. 2006-40, 5-23-2006) shall automatically become null and void by the enactment of this ordinance, unless acted upon prior to the enactment of this ordinance. PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2012-01 NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, is proposing to amend Title 10, Chapter 13: Planned Unit Development, of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which planned unit development(PUD) applications are considered for approval. Copies of the proposed ordinance are on file with the City Clerk. You are further notified that the proposed ordinance may be changed, modified, amended or redrafted in its entirety after the public hearing. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, February 8, 2012 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois 60560, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Memorandum a 1 To: Plan Commission EST. -,� _ 1836 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: March 7, 2012 Subject: PC 2012-02 - D Construction Spoil/Fill Site (Evergreen Farms Estate) Special Use Request to the R-2 Zoning District Petitioner's Request: D Construction Management, LLC, on behalf of Brandon Road Properties, LLC, owner, is requesting special use approval within the R-2 One Family Residence District to temporarily fill low areas and grade portions of the Evergreen Farms Estates with uncontaminated soil from the Illinois Department of Transportation's (IDOT) Route 47 roadway project. Upon completion of the roadway project, the property will be restored to its current agricultural land use until such time it is redeveloped for residential dwellings. The City's zoning ordinance specifically identifies "filling of holes,pits or lowlands with noncombustible material free from refuse and food wastes" as an allowable use only in the R-1 One-Family Residence District by special use permit. However, due to the cumulative nature of the zoning ordinance, all permitted and special uses allowed in the R-1 District are also allowed as permitted and special uses in the R-2 One Family Residence District. Property Background: The Evergreen Farms Estates property, located at northeast and southeast corners of Fox Road and Pavilion Road, consists of two (2) parcels approximately 46.5-acres in total area. The parcel north of Fox Road is approximately 20.5 acres and the parcel south of Fox Road is approximately 26 acres. In 2006, the parcels were annexed into the City and approved a concept plan for a 77-unit single family residential development as part of an annexation agreement between the City and the original owners/developer of the property, Evergreen Farms Estates, LLC (Tanglewood Development Corporation). The annexation agreement did have provisions allowing the owner, following Preliminary Plan approval, to undertake excavation, preliminary grading work, filing and soil stockpiling on the property in preparation for the development of the site upon submittal of a grading plan and soil erosion and sedimentation control plan to the City and approved by the City Engineer. However, Preliminary Plan approval has not been granted for the Evergreen Farms Estate development and the proposed filing and soil stockpiling on the property is not in preparation for the development of the property for a residential land use. The annexation agreement also permits for the continuation of the property currently being used for farming and general agricultural uses until such time it is developed. Since approval of the concept plan in 2006 for the Evergreen Farms Estate property, no further action for redevelopment occurred. The property was placed on the market for sale and was recently purchased by the petitioner, Brandon Road Properties, LLC. Proposal Summary & Staff Comments: Below is staff's commentary regarding the petitioner's proposal for the temporary clean spoil/fill site operation. A more detailed project narrative, proposed site plan and responses to staff's initial plan review comments prepared by the petitioner is also included in the packet for your review. Day-to-Day Operations: As proposed, the temporary soil/fill operation on the property will coincide with the Route 47 project timeline and last for about 1-2 years. Trucks will remove clean spoil from the roadway construction site and haul the load to the subject property for re-spread to fill and grade low areas and to stockpile soil for later use. The operating hours for the project site will occur during normal business hours and comply with Section 4-4-3: Noise Ordinance of the City's Code which restricts excessive noise near residential land during daytime (7:OOAM — 10:00 PM) and overnight (10:00PM — 7:OOAM) hours. According to the petitioner, a majority of the grading operation will occur on only one (1) parcel, either north of Fox Road or south of Fox Road, at any given time during the operation. There are no temporary or permanent structures proposed as part of the special use permit application. Site Access & Traffic: The petitioner states the number of truckloads per day will vary with some days having little to no truck traffic, but estimates a peak of approximately 20-25 truckloads per day. The trucks, which will not exceed the legal or posted weight limits, will access the property from two (2) proposed temporary access points off of Fox Road as illustrated on the attached site plan. Permitting for these entrances will require authorization from the Kendall County Department of Highways, as this portion of Fox Road is under the county's jurisdiction. No construction traffic, nor truck access to the south parcel,will occur off of Pavilion Road. Appropriate traffic signage alerting motorists that trucks are entering and exiting the property onto Fox Road is also proposed. The on-site contractor will monitor Fox Road for construction traffic debris and/or dirt, and will conduct daily street cleaning as required during the temporary operation. A Street Cleaning deposit will be required by the City of Yorkville in the amount of $5,000.00 as part of the Soil Erosion and Sedimentation Control Plan approval and grading permit issuance. Site Development& Soil Erosion and Sedimentation Control Plans: Site Development & Soil Erosion and Sedimentation Control Plans are required by the city to permit the proposed grading and fill operation. These plans will indicate where sediment traps and perimeter silt fencing will be located on the site to protect existing drainage patterns, detail the method of dust control and street cleaning, and prevent erosion and runoff of the soil stock piles. These final engineering plans will be submitted by the petitioner and reviewed by the City's engineering consultant upon approval of the Special Use request. Compliance with Illinois Environmental Protection Agency(IEPA) regulations: The Illinois Department of Transportation (IDOT) will have the responsibility of completing the necessary environmental assessments and analysis to certify which soils from the Route 47 reconstruction project are non-special waste requiring transportation and disposal to a landfill and which soils are certified as "uncontaminated" soils per the Illinois Environmental Protection Agency (IEPA) standards. The Evergreen Farms Estates site will only receive the certified"uncontaminated" or clean soil. The testing of the soils will be conducted by an environmental engineering firm, ENMARC & Associates, contracted by IDOT. In a correspondence from ENMARC & Associates dated January 25, 2012 (attached), the project's environmental engineer states that the certified"clean" soil from the Route 47 project will not only meet the current IEPA standards for soil suitable for residential properties, but will also meet new regulations which provide additional criteria to further assess the soil's quality. Staff Comments & Recommendations: Staff offers the following comments and recommendations for the Plan Commission to consider when reviewing the petitioner's request: • Staff recommends the two (2) proposed temporary entrances off of Fox Road align and has shared this concern with the Kendall County Department of Highways in advance of issuance of the required access permit. The special use approval shall be subject to Kendall County Highway permit approval. • In 2009, the City completely resurfaced the stretch of Fox Road from Route 47 west to Popular Drive (approx. 5,500 linear feet) as part of the State's Local Agency Pavement Preservation (LAPP) program. Due to this recent improvement of our City's road infrastructure and the potential damage of Fox Road as a direct result from the proposed operation, Staff suggests an additional deposit or bonding be required by the petitioner as security to be held by the City until the completion of the proposed temporary use. The fee will be determined by the City's engineering consultant and based upon the review of the Site Development & Soil Erosion and Sedimentation Control Plans. • The special use approval shall be subject to Site Development Plan & Soil Erosion and Sedimentation Control Plan approval. Standards for Special Use: Section 10-14-617 of the City's Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the Plan Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. Attachments: 1. Aerial and Photographs of Subject Property 2. Copy of Petitioner's Application w/attachments. 3. Evergreen Farm Special Use Request Preliminary Site Plan prepared by HR Green dated 3/07/12. 4. Response to Staff's site plan review comments prepared by David Shultz of HR Green dated March 7, 2012. 5. Response to Engineering Enterprises Inc. (EEI) site plan review comments prepared by David Shultz of HR Green dated March 7, 2012. 6. 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Name of Petitioner(s): Mr. Joe Phillips, D Construction Management- behalf of Owner Address: 1488 S. Broadway Coal City, Illinois 60416 Phone Number: . (815) 634-2555 Fax Number: _(815) 634-8748 Email Address: phi]lip sdevelopmentgroup@yahoo.com Relationship of Petitioner(s)to subject property: 0 Owner )0 Developer d Contract Purchaser 2. Name of holder of legal title, if different from#1: BRANDON ROAD PROPERTIES, LLC If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). (i). Street address and physical location of subject property: NE & SE corners of Fox Road&Pavillion Road (ii). Zoning of surrounding parcels: North. Kendall Co. Forest Preserve—Tax Exempt South: Agriculture (Kendall County) East: Agriculture (Kendall County) West. Agriculture(R-2 Yorkville) b). Legal description of property; attach as Exhibit W. c). Total Acreage: +/-46.5 acres d). Kendall County Parcel Number(s)of property: 05-06-100-012 e). Current Zoning Classification: R-2 (Yorkville) f). Zoning Classification Requested: None-remain as existing zoning g). Is this property within City limits? X Yes No, requesting annexation United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 44 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: United City of Yorkville, Kendall County Highway Department, IDNR, IHPA 6. List the Illinois Business Tax Number(IBT#)for the State of Illinois and names of businesses located on subject property to be annexed: NIA 7. Does a flood plain exist on the subject property? Yes 8. Do Electors reside on the subject property? No If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Gary K. Davidson-Brumund, Jacobs, Hammel, Davidson &Andreano, LLC Address: 58 E. Clinton Street, Suite 200 Joliet, Illinois 60432-4143 Phone Number: (815) 723-0628 Fax Number: (815) 723-1371 Email Address: gdavidson@brumund-jacobs.com Engineer: Name: HR Green, inc. _David Schultz Address. 651 Prairie Pointe Drive, Suite 201 Yorkville,IL. 60560 Phone Number: 630.708.5002 Fax Number: 630.553.7646 Email Address: dschultz@hrgreen.com Land Planner: Name:HR Green, ine. - David Schultz Address: 651 Prairie Pointe Drive, Suite 201 Yorkville, IL. 60560 Phone Number: 630.708.5002 Fax Number: 630.553.7646 Email Address: dschultz @hrgreen.com United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 45 10. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 35 copies. b. Appropriate filing fee(Please refer to page 4 of this application to"Petitioner Route, Step 1, Fees"and/or contact the Community Development Department for verification of this amount.) c. Concept or Preliminary Site Plan: 35 sets folded to fit in a 10"x 13"envelope. d. One CD containing one electronic copy(pdf) of each of the signed application (complete with exhibits) legal description, and site plan. In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguourAW"ev a United City of Yorkville. Date: 27-/► 2012- Petitioner"nature:nature: (All legal property owners' signatures must appear on this application.) �T Subscribed and sworn to before me this day of AnI . 200- /9 Notary Seal THIS APPLICATION MUST BE NOTARIZED. LPublic L SEAL T HANSEN NotaSlate of Ipinols My Com pires Oct 05.2018 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 46 ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees'and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S.Army Corps of Engineers,etc.,to allow timely review by City. 'Fees: a. Annexation or Annexation and Rezoning-$250 plus$10 per acre for each acre over 5 acres b. Rezoning only-$200 plus$10 per acre for each acre over 5 acres c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees- 1.25%of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee-$500 f. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10= $2,500 over 10 acres, but not over 40=$5,000 over 40 acres, but not over 100= $10,000 over 100 acres=$20,000 g. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres= $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4'h Thursday of the month at 9:00 a.m. in the city conference Room. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: Community Development Director, City Engineer,Zoning Official, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Department representative. Step 3: Park Board planning meeting: The Park Board makes recommendations on any park sites included in residential developments. The Park Board planning meeting is the 4th Thursday of each month at 7:00 p.m. at the Parks and Recreation Office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Yorkville public library at 902 Game Farm Road. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor. A public hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the petitioner to adjacent property owners within 500 ft.of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. United City oFYorkville Annexation,PUD,"Zoning,Special Use Application Revised: 1.29.09 47 Step 5-Economic Development Committee: The Economic Development Committee meets the 1st Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council:A public hearing is required for annexation or PUD agreements. The City Council meets the 2"or 4`h Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A public hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements,fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records)to the Community Development Department, United City of Yorkville, 800 Game Farm Road, Yorl i 60560. Date: a1., � ignature of Petitioner United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 EXHIBIT A Legal Description —"Evergreen Farm" Parcel THAT PART OF SECTION 6,TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINICIPAL MERIDAN DESCRIBED BY COMMENCING ATHE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 6;THENCE WEST 233.9 EET ALONG THE NORTH LINE OF SAID SECTION 6 TO THE SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON, &QUINCY RAILROAD COMPANY;THENCE SOUTH 61° 06' 20" WEST ALONG SAID RIGHT-OF-WAY LINE 1488.52 FEET FOR A POINT OF BEGINNING;THENCE SOUTH 01° 28, 38" EAST 406.94 FEET;THENCE SOUTH 25° 19' 10" EAST 1326.82 FEET;THENCE SOUTH 240 05' 33" EAST 587.67 FEET;THENCE SOUTH 66°45'42" WEST 1560.96 FEETTO THE CENTER LINE OF A GRAVEL ROAD; THENCE NORTH 22° 15'40" WEST ALONG SAID CENTER LINE 1258.64 FEET; THENCE NORTH 06° 13' 10" WEST ALONG THE CENTER LINE OF SAID GRAVEL ROAD 250.27 FEET TO THE CENTER LINE OF FOX ROAD;THENCE SOUTH 63'42' 50" WESTALONG THE CENTER LINE OF FOX ROAD 43.37 FEET;THENCE NORTH 080 38' 52"WEST 676.69 FEETTO THE AFORESAID SOUTHEASTERLY RIGHT-OF-WAY LINE;THENCE NORTH 61'06' 20" EASTALONG SAID RIGHT-OF- WAY LINE 1431.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THE SOUTHEASTERLY 350.0 FEET OF THE SOUTHWESTERLY 469.81 FEETTHEREOF AND ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF PROPERTY FROM THE POINT OF BEGINNING AFORESAID;THENCE SOUTH 01° 28' 38" EAST 406.94 FEET;THENCE SOUTH 25° 19' 10" EAST 305.69 FEETTO THE CENTER LINE OF FOX ROAD FOR A NEW POINT OF BEGINNING;THENCE SOUTH 25° 19' 10" EAST 1021.13 FEET; THENCE SOUTH 240 50' 33" EAST 587.67 FEET;THENCE SOUTH 66° 45,42" WEST 625.43 FEET; THENCE NORTH 250 19' 10" WEST 1540.44 FEET TO SAID CENTER LINE OF FOX ROAD;THENCE NORTH 63'42' 50" EAST ALONG SAID CENTER LINE 630.0 FEETTO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. EXHIBIT B "EVERGREEN FARM" PARCEL ADJOINING PROPERTY OWNERS (WITHIN 500 FEET) 05-06-100-001 05-06-302-001 05-06-126-003 Wayne & Ruby Bomeman Gerard &Paula Louise Dervin G. Linda J. Allen 12103 Fox Road Gawlik 12 Fox Glen Circle Yorkville, Illinois 60560 6650 Pavilion Road Yorkville, Illinois 60560 Yorkville, Illinois 60560 05-06-100-010 05-06-126-004 Kendall County Forest 05-06-302-002 Pamela J. Robinson & Preserve John T. & B.R. Cutsinger Sharon M. Rose 110 West Madison 6672 Pavilion Road 29 Fox Glen Drive, East Yorkville, Illinois 60560 Yorkville, Illinois 60560 Yorkville, Illinois 60560 05-06-100-1008 05-06-302-005 05-06-127-001 Silver Fox Real Estate LLC Ronald & Rebecca Kleckner Jeffrey S. & Debra L. Ness 7512 County Line Road 6720 Pavilion Road 42 Fox Glen Drive, West Burr Ridge, Illinois 60521 Yorkville, Illinois 60560 Yorkville, Illinois 60560 05-06-100-013 05-06-302-006 05-06-127-002 Stephen G. & Kathleen Theis Dahl Management LLC Ramon &Noemi Herrera 11642 Fox Road 15010 159" Street, West 36 Fox Glenn Drive, West Yorkville, Illinois 60560 Homer Glen, Illinois 60491 Yorkville, Illinois 60560 05-06-100-009 05-06-302-008 05-06-501-001 James Miller/Susan Wilhelm Ali N. & Frances L. G. JCB & Q RR CO 11500 Fox Road Jablway 547 West Jackson Yorkville, Illinois 60560 6624 Pavilion Road Chicago, Illinois 60606 Yorkville, Illinois 60560 05-06-101-001 04-01-501-001 Daniel F. &Patricia L. Kalas 05-08-376-008 CB & RR CO 45 Fox Glen Drive, West Wayne J. &C. Kathleen Walz 547 West Jackson Yorkville, Illinois 60560 23925 Cedar Road, South Chicago, Illinois 60606 Manhattan, Illinois 60442 05-06-101-002 04-01-200-002 Derek West/Margo Robles 05-06-126-001 Wayne L. & Ruby Bomeman 51 Fox Glen Drive Gregory R. &Juile R. Fisher 12103 Fox Road Yorkville, Illinois 60560 2001 Walton Court Yorkville, Illinois 60560 Naperville, Illinois 60565 05-06-301-001 04-01-200-003 Aspen Ridge Estates LLC 05-06-126-002 Fox River Bluff LLC 9217 Gulfstream Road, Peter J. Kathleen M. P.O. Box 1746 Suite`102 Staunton Lombard, Illinois 60148 Frankfort, Illinois 60423 15 Fox Glen Circle Yorkville, Illinois 60560 04-01426-001 Aspen Ridge Estates LLC 9217 Gulfstream Road, Suite102 Frankfort, Illinois 60423 �0-D CITf, United City of Yorkville 0 800 Game Farm Road Yorkville,Illinois 60560 esr �•o less Telephone: 630-5534350 Fax: 630-553-7575 � �'� ?� INVOICE& WORKSHEET � t PETITION APPLICATION CONTACT: DEVELOPMENT/PROPERTY: Mr,doe Phitlips, D Construction Fyergreen Farm Estate.- 1488 S.Broadway,Coal City,Illinois 60416 Acreage:approx.47 acres (815)634-2555 Date: 01/25/11 Concept Plan Review: I J Yes [I No S Engineering Plan Review Deposit of$$500 due Amendment: I]Yes I I No $ $500.00 Fee due fur each. (Annexation) (Plan) (Plat) (PUD) Annexation: [I Yes []No $ $250.00,plus$10/acre for each acre over 5. #of acres: -5= x$10" +5250 Rezoning: I I Yes []No S 5200.00,plus$10/acre for each acre over 5, #of acres: -5= x 510= +S200 If annexing and rezoning,charge only 1 per acre fee. If rezoning to a PUD,charge PUD Development Fee-not Rezoning Fee. Special Use. [XJ Yes []No $670.00 5250.00,plus$10/acre for each acre over 5. 4 of acres: 47.0-5=42.0 x$10=420.00+$250 Zoning Variance: $85.00 I]Yes []No $ Outside Consultants deposit of 5500.00 due Preliminary Plan Fee: $500.00 []Yes I]No $ P.U.D.Fee: $500.00 []Yes [J No $ Final Plat Fee: $500.00 [J Yes []No S Engineering Plan Review Deposit: [X]Yes []No $10.000.00 _ []Less than 1 acre=S 1,000 due []Over 1 acre and less than 10 acres=52,500 due []Over 10 acres and less than 40 acres=$5,000 due [XJ Over 40 acres and less than 100 acres=$10,000 due I J Over 100 acres=520,000 due Outside Consultants Deposit,: [XJ Yes [I No $5.000.00 Legal,Land Planner,Zoning Coordinator,Environmental Services Annexation Suhdivision Rezonine,and Special Use_ []Less than 2 acres=S 1,000 due [J Over 2 acres and less than 10 acres=52,500 due [X]Over 10 acres=55,000 due TOTAL AMOUNT DUE: $15.670.00 Woo&0 Dme'Dev.Drp.AR01 Fee Sheri Wkse ENKI"I'AC 224 E.Cusler 5i., Lemont, 1L 60439 :�i PO BOX 866,Morris, It 60450 %.issaciates, LLC Phone 630.257.4357•Fax 630.257.1650 January 25, 2012 Mr. David Schultz HRE Green, Inc. 651 Prairie Point Drive,Suite 201 Yorkville, IL 60650 RE: Evergreen Farm Special Use Project Dear Mr.Schultz: Pursuant to your request, ENMARC & Associates, LLC is herein providing information regarding the management of the clean fill in accordance with the above referenced special use application. Prior to completion of any reconstruction of any ROW owned by the State, the Illinois Department of Transportation contracts the completion of a Preliminary Environmental Site Assessment (PESA) of the entire roadway to be subject to reconstruction and identifies any Recognized Environmental Conditions (REC's) on properties adjacent to said ROW. Based upon the results of the PESA, IDOT subsequently completes a PSI (Preliminary Site Investigation) which consists of the actual quantification of the REC's through sampling and analysis of the ROW in areas where excavation is to occur. Subsequently, ]DOT then defines boundaries of impacted zones in which the soils generated from reconstruction activities are quantified as non-special waste requiring transportation and disposal at a Subtitle D Landfill. With the regards to the soils outside of the delineated impact zones, these materials are typically certified by IDOT as "uncontaminated" soil pursuant to the new CCDD requirements (PA 96-1416, as amended by PA 97-137), and subject the agreement established between the Illinois EPA and IDOT. Per this agreement, the IEPA recognizes this methodology of "uncontaminated" soil determination established by IDOT for highway projects,to be acceptable for purposes of establishing soils as "clean". Presently, uncontaminated soils are established by IDOT as those meeting the requirements of 35 IAC Part 742 (Tier Approach for Corrective Action Cleanup objectives, TACO) for residential properties, or those meeting the background standards established for major metropolitan statistical areas (which includes Kendall County). Under PA 1416, the IEPA has developed new regulations that are presently under review by the Illinois Pollution Control Board and proposed for adoption by July 31, 2012. Under the proposed regulations, the IEPA has established clean soil standards, which basically follow TACO and which IDOT has been considering (since the development of the proposed regulations) to further assess and delineate between"uncontaminated"soils and"contaminated"soil zones under their PSI protocol. On behalf of D Construction, 1 will be your point of contact with respect to any environmental issues or concerns. Should you have any further questions regarding the enclosed, please do_ not hesitate to contact me @ 630-234-3495. Sincerely, / t / e g anetteVir il]o Environmental Engineer EVERGREEN FARM SPECIAL USE REQUEST UNITED CITY OF YORKVILLE HOOVER - FOREST R-2 ZONING PRESERVE (A-1-SU ZONING) CHICAGO BURLINGTON NORTHERN E QUINCY R•R 1432.31' i EXISTING PROPERTY EXISTING TREE DRIPUNE LINE (TYP.) (TO REMAIN UNDISTURBED) AREA NORTH OF FOX RD. 20.5 AC. KENDALL COUNTY (R-2 ZONING - CITY) (A-I ZONING) EXISTING USE - AGRICULTURE ^/O' FUTURE USE - AGRICULTURE TOPSOIL STRIP BERM �O AFTER CLEAN FILL AND STOCKPILE AREA n EXISTING TREE DRIPUNE GRADING OPERATIONS (DETERMINE AT FINAL �( (TO REMAIN UNDISTURBED) ENGINEERING) O V� EXISTING CULVERT AND FIELD ENTRANCE (VERIFY WITH EXISTING TREE ORIPLINE O COUNTY AND IMPROVE FIELD (TO REMAIN UNDISTURBED) v- EXISTING R.O.W. ENTRANCE AS REQUIRED PROPOSED CONSTRUCTION M (TYP.) ENTRANCE FOR ACCESS EL C EXISTING CULVERT (TEMPORARY) TO NORTH PARCEL OVERHEAD TO REMAIN UTILITY LINES (TYP.) (FOX ROAD)[EXISTING IXI5nNG DRNEWAY --—OE - -- I - ---- CULVERT(TO REMAIN) / 4' FOX ROAD 630.00' EVERGREEN FARM KENDALL COUNTY ° (A-1 ZONING) EXISTING CULVERT AND FIELD ASPEN RIDGE ry ENTRANCE (VERIFY WITH LOCATION MAP (2-2 ZONING - CITY)ry o COUNTY AND IMPROVE FIELD ENTRANCE AS REQUIRED PROPOSED CONSTRUCTION ENTRANCE FOR ACCESS EXISTING R.O.W. TO SOUTH PARCEL Now7N (TYP.) (TEMPORARY) - SOUTHWEST 0 Q� SIDE/CORRIDOR HE CITY OF EXISTING OVERHEAD �.-�a UTILITY UNES (NP.) , Z R0P _O .Fox -- -� PROJECT Oz AREA �a PROJECT CONTACTS AREA SOUTH OF FOX RD, Y —EXISTING UON ROD) (R-2 ZONING 26.0 AC. CITY) CLIENT: GOVERNMENT CONTACT: - (PAVIWON ROAD) EXISTING USE - AGRICULTURE JOE PHILLIPS - D CONSTRUCTION MANAGEMENT FUTURE USE - AGRICULTURE 1488 S. BROADWAY CITY CONTACT: AFTER CLEAN FILL AND COAL CITY, ILLINOIS 60416 UNITED CITY OF YORKVILLE 800 GAME FARM ROAD GRADING OPERATIONS TEL: (815) 634-2555, FAX: (815) 634-8748 YORKVILLE, ILLINOIS 60560 TEL: (630) 553-4350 Ol ^1 ENGINEER/SURVEYOR: CITY ENGINEERING CONTACT: w 14 HR GREEN, INC. ENGINEERING ENTERPRISES, INC. h 651 PRAIRIE POINTE DR., SUITE 201 BRAD SANDERSON, P.E. YORKVILLE, ILLINOIS 60560 52 WHEELER ROAD TEL: (630) 553-7560 SUGAR GROVE, ILLINOIS 60554 FAX: (630) 553-7646 TEL: (630) 466-6700 DAVID W. SCHULTZ, P.E. - PROJECT MANAGER KENDALL COUNiY HIGHWAY DEPARTMENT TEL: (630) 708-5002 COUNTY ENGINEER FRANCIS P.E. PETER J. HUINKER, P.E. - SITE MANAGER 6780 ROUTE TE S4, EXISTING PROPERTY TEL: (630) 708=5003 OFFICE: 630-5537616 UNE (TYP.) FAX: 630-553-75 GENERAL NOTES: C E R T I F I C A T I O N • NPDES PERMIT REQUIRED. • SITE DEVELOPMENT PERMIT TO BE FILED AT FINAL ENGINEERING. EXISTING PROPERTY KENDALL COUP COUNTY PO crrY. PROFESSIONAL ENGINEER'S SIGNATURE & SEAL LINE (TYP.) SEDIMENT TRAPS AND PERIMETER FENCING TO PROTECT EXISTING DRAINAGE PATTERNS - EROSIO CONTROL METHODS PER SWPPP. 46s.aB' FILL MATERIAL TO BE CREATED FRO' AN IDOT OFFSITE ROADWAY PROJECT. IDOT TO PROVIDE A 663 CERTIFICATION (IDOT AND IEPA KENDALL COUNTY NO AGREEMEN TEMPORARY OR PERMANENT (A-I NOTE: THIS SIGNATURE & SEAL ONLY APPLIES TO DESIGN INFORMATION ZONING) STRUCTURES TO BE PROPOSED w.scy���,,� = 06E-05)616 UNDER THE SPECIAL USE PERMIT. PREPARED BY HR GREEN, INC. (THIS SHEET ONLY) = Recisc61 • MONITORING OF FOX ROAD FOR $* PREN O OVAL O DEBRIS AND DIRT TO BE STRICTLY O ENFORCED BY CONTRACTOR AND INFORMATION INCLUDED WITHIN THIS PLAN SET WHICH HAS BEEN DAILY CLEANING AS REQUIRED. COMPLETED BY OTHER CONSULTANTS IS NOT CERTIFIED BY THIS <cINDS, CONSTRUCTION TRAFFIC RESTRICTED SIGNATURE & SEAL. °nm1a������o��„ TO FOX ROAD ONLY(KENDALL CO. HWY NO. 1) KENDALL COUNTY (R-I ZONING) Dial 811 or 1-800-892-0123 NpQ..;:: ,i rh • WITH 7HE FOLLOWING o COUNTY KENDALL / C/TY-TOWNSHIP YORKVILLE-KENDALL TWP KENDALL COUNTY 465.25' SEC. &114 SEC. NO.# 06.TWP 36 N. RANGE 7 E (A-I ZONING) Know what's below. �2) Working Days before you dig 1 SPECIAL USE SITE PLAN — EVERGREEN FARM P R E L I M I N A R Y Excluding Sat.,Sun.&FkdWM) SCALE: 1" = 100' NOT FOR CONSTRUCTION C811beforeyoudig. m m a EVERGREEN FARM — SPECIAL USE PERMIT REQUEST "0 oiT i Dws PLAN COUNCIL CIOSMO� UESCRIPTION a � o � - oA o < � -_ D Construction mo D= coal city, Illinois 60416 HRGreen.com om O N oz .n 4 N - HRGreen 3/8/2012 10:25:44 AM, 1:1 HRGFreen March 7, 2012 Ms. Krysti J. Barksdale-Noble,AICP Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: Evergreen Farm Estates HR Green Job No.: 88110413 Dear Ms. Barksdale-Noble: HR Green, Inc. (HR Green) has received the comment letter United City of Yorkville dated February 24, 2012. Below is a point-by-point response to that letter. Comment 1: A Site Development Plan and Soil Erosion and Sedimentation Control Plan are required to be submitted to the City's engineering consultant for review and permit approval to ensure compliance with Title 8, Chapter 13: Soil Erosion and Sedimentation Control of the Yorkville Municipal Code. The following information must be included: • Method of dust control • Method of cleaning Fox Road • General method of how fill will be placed, including comment on whether north and south parcels will be filled at the same time. • Detail on control measures • Delineation of Floodplain on the Site Plan Response 1: Noted and to be addressed within the Site Development Permit and final engineering documents in a forthcoming submittal just after the Public Hearing Meeting as discussed in Plan Council. Upon City request and to be listed within the Site Development Permit the contractor can provide a list of equipment used for dust control and equipment to be used for cleaning measures on Fox Road. Research of best available data included previously submitted documents on this property and current FIRM Map Panel#0040G, Map Number 17093CO04OG yields that there is no delineated floodplain onsite for this subject area. HRGreen.com Phone 630.553.7560 Fax 630.553.7646 Toll Free 800.728.7805 651 Prairie Pointe Drive,Suite 201,Yorkville, Illinois 60560 Ms.Krysti J.Barksdale-Noble United City of Yorkville Evergreen Farms Estates HR Green Job No.:88110413 March 7,2012 Page 2 Comment 2: Proposed Temporary Entrances to the property on the north side of Fox Road and south side of Fox Road will need to be permitted through Kendall County's Highway Department. Confirmation of permit application shall be provided to the City. Response 2: Noted and HR Green has been in coordination with the County Engineer and a temporary Highway Access permit is to be filed and secured permit forwarded to the City for reference. Comment 3: Please provide a brief narrative with regards to anticipated truckloads per day and per peak hour, truck traffic, days and hours of operations, truck template illustrating truck maneuverability into and out of proposed temporary construction access points. Response 3: Overall timeframe of this project was discussed at plan council and the project duration of one to two years is assumed based on project analysis. The truckloads per day will vary from a day to day operating standpoint and it is anticipated to have a peak of 20-25 trucks per day. Also please note that there will be days that no trucks will be running to this site at all. Operating hours for this project site would follow the City Ordinance and it was also discussed that a dozer/sheepsfoot blade would be operating possibly once a week to level off the dirt in lifts that was brought into the site. Majority of the grading operation would be focused on one side of the site at one time and there is no intention of having both the north and south sides of the site open at the some time. The temporary construction entrance will accommodate trucks entering and exiting at the some time with the appropriate turning radii. Also warning signage is to be proposed on Fox Road to warn motorists that "Trucks Entering Highway"in both directions. Comment 4: Please provide additional details regarding proposed alternate field entrance off of Pavilion Road. Response 4: Pavillion Road temporary entrance is to be removed and not to be used as an alternate to this site. Comment 5: Please confirm no temporary or permanent buildings and/or structures will be erected on the property during the proposed operation. H77en.00m Ms.Krysti J.Barksdale-Noble United City of Yorkville Evergreen Farms Estates HR Green Job No.:88110413 March 7,2012 Page 3 Response 5: No temporary or permanent buildings will be erected for the special use permit operations that are being proposed. Comment 6: Please verify if the property or the areas designated for temporary fill stockpile be secured with fencing or other method of protection. Response 6: Disturbed grading areas to be protected by perimeter silt fencing and other soil erosion measures are to be proposed for this site. Comment 7: Please confirm construction traffic will be limited to Fox Road and will not utilize Pavilion Road to access the property. Response 7: Per discussions at the Plan Council meeting, only Fox Road will be allow for the construction traffic and only posted or legal loads will be allowed. Comment 8: A Street Cleaning deposit shall be established with the City of Yorkville in the amount of$ 5,000.00 as part of the soil erosion and sedimentation control plan approval and grading permit issuance. Response 8: Noted. Comment 9: Additional deposit/bonding may be required for Fox Road as security for repair of any damage to the roadway resulting from the proposed operation. Fees will be determined upon receipt and review of the Site Development Plan. Response 9: Noted and a roadway bond was discussed at the Plan Council Meeting and to be determined at Site Development Permit if required. HF�Green.00m Ms.Krysti J.Barksdale-Noble United City of Yorkville Evergreen Farms Estates HR Green Job No.:88110413 March 7,2012 Page 4 If you have any questions or require any additional information, please contact me at 630-708-5002. Sincerely, HR GREEN, INC. David W. Schultz, P.E., LEED AP BD+C Project Manager DWS/pam cc: Mr.Joseph Phillips, Brandon Road Properties, LLC O:\88110413\D e s i g n\C o rr\I t r-030712-co m m e n t_re s po n se_Yo rkvi I l e.d ocx HRGreen.com HRGreen March 7, 2012 Mr. Bradley P. Sanderson, P.E. Vice President Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 RE: Evergreen Farms Estates HR Green Job No.: 88110413 Dear Mr. Sanderson: HR Green, Inc. (HR Green) has received the comment letter from Engineering Enterprises, Inc. dated February 17, 2012. Below is a point-by-point response to that letter. Comment 1: Prior to any fill being placed on site, a detailed grading plan with a soil erosion and sedimentation control plan should be provided. The plan should describe at the minimum the following: • Locations and detail of the proposed entrances to the site • Description of proposed haul routes • Method of dust control • Method of cleaning Fox Road • General method of how fill will be placed, including comment on whether north and south parcels will be filled at the same time. Response 1: Noted and to be addressed at time of Site Development Permit in a forthcoming submittal after the scheduled Public Hearing Meeting. Comment 2: In addition, a site development permit application will need to be submitted to our office for review. Response 2: Noted and to be submitted mid-March for City review. HFlGreen.com Phone 630.553.7560 Fax 630.553.7646 Toll Free 800.728.7805 651 Prairie Pointe Drive,Suite 201,Yorkville, Illinois 60560 Mr.Bradley P.Sanderson,P.E. Engineering Enterprises,Inc. Evergreen Farms Estates HR Green Job No.:88110413 March 7,2012 Page 2 Comment 3: Access points off of Pavillion Road should not be allowed. Response 3: Noted and final engineering plans for the Site Development Permit to reflect this. Comment 4: Fox Road in the area of the site in question is a County Highway. A permit will be required from them for any proposed entrance improvements. Response 4: Noted and HR Green has been in coordination with the County Engineer and a temporary Highway Access permit is to be filed. If you have any questions or require any additional information, please contact me at 630-708-5002. Sincerely, HR GREEN, INC. David W. Schultz, P.E., LEED AP BD+C Project Manager DWS/pam cc: Mr.Joseph Phillips, Brandon Road Properties, LLC 0:\88110413\Design\Corr\ltr-030712-comment_response_EE I.docx HRGreen.com PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2012-02 NOTICE IS HEREWITH GIVEN THAT D. Construction Management, Petitioner, on behalf of Brandon Road Properties, LLC, Owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a authorization within the R-2 One-Family Residence District to temporarily fill low areas and grade portions of the site with uncontaminated soil from roadway projects of the State of Illinois and return to agriculture uses as allowed by Special Use Permit in Section 10-6C-2 and Section 10-613- 2 of the United City of Yorkville City Code. The real property consists of approximately 46.5 acres, located at the northeast and southeast corners of Fox Road and Pavilion Road (Evergreen Farm Estates) in Yorkville, Illinois. The legal description is as follows: THAT PART OF SECTION 6, TOWHSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINICIPAL MERIDAN DESCRIBED BY COMMENCING A THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE WEST 233.9 EET ALONG THE NORTH LINE OF SAID SECTION 6 TO THE SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON, & QUINCY RAILROAD COMPANY; THENCE SOUTH 61° 06' 20" WEST ALONG SAID RIGHT-OF-WAY LINE 1488.52 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 01° 28' 38" EAST 406.94 FEET; THENCE SOUTH 250 19' 10" EAST 1326.82 FEET; THENCE SOUTH 24° 05' 33" EAST 587.67 FEET; THENCE SOUTH 660 45' 42" WEST 1560.96 FEET TO THE CENTER LINE OF A GRAVEL ROAD; THENCE NORTH 22° 15' 40" WEST ALONG SAID CENTER LINE 1258.64 FEET; THENCE NORTH 06° 13' 10" WEST ALONG THE CENTER LINE OF SAID GRAVEL ROAD 250.27 FEET TO THE CENTER LINE OF FOX ROAD; THENCE SOUTH 63° 42' 50" WEST ALONG THE CENTER LINE OF FOX ROAD 43.37 FEET; THENCE NORTH 08° 38' 52" WEST 676.69 FEET TO THE AFORESAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE NORTH 61° 06' 20" EAST ALONG SAID RIGHT-OFWAY LINE 1431.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THE SOUTHEASTERLY 350.0 FEET OF THE SOUTHWESTERLY 469.81 FEET THEREOF AND ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF PROPERTY FROM THE POINT OF BEGINNING AFORESAID; THENCE SOUTH 01° 28' 38" EAST 406.94 FEET; THENCE SOUTH 250 19' 10" EAST 305.69 FEET TO THE CENTER LINE OF FOX ROAD FOR A NEW POINT OF BEGINNING; THENCE SOUTH 25° 19' 10" EAST 1021.13 FEET; THENCE SOUTH 24° 50' 33" EAST 587.67 FEET; THENCE SOUTH 660 45' 42" WEST 625.43 FEET; THENCE NORTH 25° 19' 10" WEST 1540.44 FEET TO SAID CENTER LINE OF FOX ROAD; THENCE NORTH 63° 42' 50" EAST ALONG SAID CENTER LINE 630.0 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Permanent Index Number(PIN): 05-06-100-012 NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a Public Hearing on said Special Use application on Wednesday, March 14, 2012 at 7 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. Beth Warren City Clerk By: Lisa Pickering Deputy Clerk