Ordinance 2012-40 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2012-40
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING PRELIMINARY CONCEPT PLAN FOR A SPECIAL USE PERMIT APPLICATION
OF A PLANNED UNIT DEVELOPMENT FORA 38,500 SQUARE FOOT CINEMA COMPLEX
AND VARIOUS OUTLOTS
(Kendall Crossing)
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 23`d day of October, 2012
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on November 20,2012.
Ordinance No. 2012- qo
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING PRELIMINARY CONCEPT PLAN FOR A SPECIAL USE PERMIT APPLICATION
OF A PLANNED UNIT DEVELOPMENT FORA 38,500 SQUARE FOOT CINEMA COMPLEX
AND VARIOUS OUTLOTS
(Kendall Crossing)
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing
non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970
and the laws of the State; and,
WHEREAS, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 511-1-1, et seq.),
the Mayor and City Council of the City (collectively, the "Corporate Authorities") may provide for the
classification of special uses in its zoning ordinances; and,
WHEREAS, pursuant to the Yorkville Zoning Ordinance (hereinafter referred to as the "Zoning
Code"), any person owning or having an interest in property may file an application to use such land for
one or more of the special uses provided for in the zoning district in which the land is situated; and,
WHEREAS, James G. Ratos of Yorkville, Illinois (hereafter "Developer"), is the contract
purchaser of the approximately 18.5-acre property located within the northwest quadrant of Illinois
Route 47 and US Route 34, Yorkville, Illinois, legally described in Exhibit A, attached to and made a
part of this Ordinance (the "Subject Property"); and,
WHEREAS, under the authority of the Zoning Code, the Subject Property is located in a
designated B-2 General Business District, and a planned unit development (PUD) is allowed in this
district as a special use pursuant to Section 10-13-2-C of the Zoning Code; and,
WHEREAS, the Corporate Authorities have received a request for preliminary concept plan
approval of a special use permit for the Subject Property as a planned unit development (PUD) for a
38,500 square foot cinema complex and various outlots from the Developer as depicted in a plan
prepared by RB & Associates Consulting Inc. dated September 10, 2012, attached as Exhibit B to this
ordinance; and,
WHEREAS, a legal notice of publication regarding a public hearing before the Plan
Commission on the proposed special use permit was duly published on October 1, 2012, in the Beacon
Newspaper, a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen
(15) days prior to the public hearing; and,
WHEREAS, notice to property owners within 500 feet of the boundaries of the Subject Property
identified for the special use was delivered by certified mail; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 17`x' day of
October 2012, on the question of the special use application; and,
WHEREAS, the Plan Commission reviewed the standards set forth in Section 10-14-6(F) of the
Zoning Code, and testimony provided during said public hearing; and,
Ordinance No. 2012-140
Page 2
WHEREAS, the Plan Commission prepared its written findings of fact which are contained
within the meeting minutes and in a memorandum to the City Council from the Community
Development Director dated October 18, 2012 attached hereto as Exhibit C and shall be incorporated
herein; and,
WHEREAS, the Plan Commission found that the preliminary concept plan for the special use
met the standards and recommended to the City Council the approval of the preliminary concept plan for
the Subject Property.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The Corporate Authorities hereby approve a preliminary concept plan for a special
use as a planned unit development of a 38,500 square foot cinema complex and various outlots as
depicted in Exhibit B for the Subject Property located within the northwest quadrant of Illinois Route 47
and US Route 34.
Section 3. That the preliminary concept plan approved herein shall be subject to the following
conditions:
1. The Developer must submit and obtain approval of Preliminary Plan or Final Plat for the
Subject Property within one (1) year from the date of this ordinance.
2. Authorization to vary from Section 10-1-3-C, the required off-street parking standards, to
permit parking spaces that are narrower in width than the minimum required 8.5 feet for 90
degree stalls and the Landscape Ordinance requirements to provide one (1) landscaped
islands for every 20 parking spaces, per staff s review and approval.
3. Authorization to vary from Section 10-11-4-B the number of required off-street parking stalls
to provide 418 spaces rather than 662 spaces as required.
4. Authorization to vary from Section 10-11-6-M, required off-street loading requirements, to
permit one(1) off-street loading dock for the theater, rather than the two (2) docks required.
5. Authorization to vary from the Subdivision Control Ordinance and stormwater management
requirements, subject to the review of final engineering plans and the recommendation(s) of
the City Engineer.
Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
—c2,3 day of QQT08P-k , A.D. 2012.
600 - .
-DEPuzy CITY CLERK
Ordinance No. 201244-0
Page 3
ROSE ANN SPEARS DIANE TEELING V
KEN KOCH JACKIE MILSCHEWSKI V
CARLO COLOSIMO _ MARTY MUNNS
LARRY KOT CHRIS FUNKHOUSER T
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this J�
day of 1J0VE1W 66-2 2012.
ti
MAYOR
Ordinance No. 2012--qt!
Page 4
Exhibit A
LeLyal Description of Subiect Property
LOT 7 (EXCEPT THAT PART DESCTRIBED AS FOLLOWS: COMMENCING AT THE
MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH go
DEGREES 58 MINUTES I I SECONDS WEST ALONG A SOUTHERLY LINE OF SAID
LOT, 309.0 FEER TO A SOUT14EAST CORNER OF SAID LOT 7 FPR A POINT OF
BEGINNING; THENCE SOUTH 80 DEGREES 59 MINUTES I I SECONDS EAST ALONG
SAID SOUTHERLY LINE 309.0 'FEET TO A SOUTHEAT CORNER OF SAID LOT 7;
THENCE NORTH 04 DEGREES, 45 MINUTES EAST ALONG AN EASTERLY LINE OF
SAID LOT 7, 90A FEET; THENCE NORTH 80 DEGREES 58 MINUTES 11 SECONDS
WEST 140.35 FEET; THENCE SOUTH 70 DEGREES 02 MINUTES 02 SECONDS WEST
185.15 FEET TO THE POINT OF BEGINNING; AND ALSO EXCEPTING THAT PART
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE
SOUTHERNMOST LINE OF LOT 6 OF SAID RESUBDIVISION WITH THE WESTERLY
LINE OF ILLINOIS ROUTE- NO. 47; THENCE SOUTH 69 DEGREES 58 MINUTES 14
SECONDS WEST ALONG SAID SOUTHERNMOST LINE 230.45 FEET TO THE
SOUTHERNMOST CORNER OF SAID LOT 6; THENCE SOUTH 19 DEGREES 57
MINUTES 46 SECONDS EAST 192-30 FEET, THENCE NORTH 70 DEGREES 02 MINUTES
14 SECONDS EAST 141.82 FEET TO SAID WESTERLY LINE; THENCE NORTH 04
DEGREES 45 MINUTES 00 SECONDS EAST ALONG SAID WESTERLY LINE 211,98
FEET TO THE POINT OF BEGINNING)OF THE RESUBDIVISION OF PART OF BLOCK 1,
COUNTRYSIDE CENTER,UNIT NO. 1,YORKVILLE,ILLINOIS,AND ALSO THAI-PART
OF CENTER PARKWAY LYING NORTHERLY OF THE NORTH RIGHT OF WAY LINE
OF U.S. ROUTE 34 AND Sol-rrj-fERLy OF THE NORTH. RIGHT OF WAY LINE OF
COUNTRYSIDE PARKWAY, AND ALSO THAT PART OF COUNTRYSIDE PARKWAY
LYING EASTERLY OF THE WEST RIGHT OF WAY LINE OF CENTER PARKWAY AND
WESTERLY OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47,AND ALSO
THAT PART OF ILLINOIS ROUTE 47 LYING SOUTHERLY OF A LINE THAT IS 70.0
FEET SOUTHERLY OF AN CONCENTRIC WITH THE SOUTH RIGHT OF WAY LINE OF
COUNTRYSIDE PARKWAY EXTENDED EASTERLY, AND NORTHERLY OF A LINE
THAT IS 60.0 SOUTHERLY OF AND PARALLEL WITH THE MOST EASTERLY
SOUTHERLY LINE OF SAID LOT 7 EXTENDED EASTERLY, IN THE UNITED CITY OF
YORKVILLE,KENDALL COUNTY,ILLINOIS.
P.I.N.?V 02-28-104-015
Exhibit B
Site Plan prepared by RB & Associates Consultinp, Inc. dated September 10, 2012
(see attached)
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Exhibit C
FindinLys of Facts
KENDALL CROSSING
Conditions for Approval:
Section 10-13-10 of the City's Zoning Ordinance establishes conditions by which the
Plan Commission may recommend approval of a special use for Planned Unit Development.
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.
ANSWER: The Planned Unit Development Ordinance of the United City of
Yorkville as well as the original Planned Unit Development approved for Countryside
Center promoted an upscale community shopping area that takes advantage of the
major traffic intersection in the United City of Yorkville of Route 47 and Route 34.
The proposed NCG Cinema Group Project complies with that Ordinance and the
original Planned Unit Development Agreement in that it has an upscale movie theater
which will enhance the entertainment and tax base for the United City of Yorkville.
The Architecture shows a foot print that will enhance the future development of the
area and is consistent with United City of Yorkville Building Codes and Design.
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.
ANSWER: No bulk regulations will be deviated by the addition of the NCG Theater
Complex. There are certain waivers being granted with respect to parking spaces,
signage, and best management practice detention areas. The square footage of the
building, complies with all United City of Yorkville Building Codes and Regulations
and the bulk area of the property complies with all regulations and ordinances of the
United City of Yorkville.
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.
ANSWER: The proposed Planned Unit Development Amendment complies with the
City Planned Unit Development Ordinance in that it provides for substantial open
space in the overall Countryside Center Development, will provide a smooth flow of
traffic with the proposed traffic lay out and internal road improvements that will be
done at the expense of owner and developer, adequate public services in terms of
utilities exist to the site and the site in fact is the location of an earlier two screen
movie theater that served the community for over two decades.
4. The relationship and compatibility, beneficial or adverse, of the Planned Unit
Development to the adjacent properties and nearby land uses.
ANSWER: It is anticipated that there will be a substantial beneficial effect to
surrounding property within Countryside Development and the commercial areas of
the United City of Yorkville on Route 47 and Route 34. It is anticipated the ten
screen cinema will encourage restaurant traffic substantially for existing restaurants,
as well as attract new restaurant and retail opportunities on the lots surrounding the
Cinema that are being redeveloped by the Owner/Developer, James G. Ratos. It
further will benefit ancillary businesses such as gas stations and other retail outlets
that always benefit when increased traffic is brought past their places of business.
5. The extent to which the Planned Unit Development fulfills the objectives of the future
planning objectives or other planning policies of the City
ANSWER: The proposed Planned Unit Development Amendment complies with the
objectives of the United City of Yorkville in that the TIF District was created for
Countryside Center to rejuvenate what once was a thriving commercial retail center
for over two decades, but has been demolished. The property in the proposed PUD
Amendment will generate substantial real estate taxes to the Yorkville School District
and all related government bodies as well as create a substantial number of full and
part-time jobs in the City on a permanent basis. On a temporary basis it will provide
extensive construction jobs for local contracting firms in that the Owner/Developer
will be the builder for the NCG Cinema Building and has retained the services of a
local general contractor who hires all local people to construct the facility and the site
improvements. The proposal meets the overall objectives of the City to create
economic opportunities on the site which was the reason the TIF District was created.
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.
ANSWER: There are no negative effects to the development of the subject property,
in that all traffic, utility, and development concerns were provided for in the original
Countryside Center Design and the proposed PUD Amendment enhances the traffic
flow by reconstructing internal roadways and providing adequate access outlets to
Route 47 and Route 34.
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 substantial diminish and
impair property values within the neighborhood.
ANSWER: The property was previously used as a very active retail center since the early
1970s until its demolition. The use for the Cinema will not in any way change the commercial
use or impact the surrounding ownership of properties. In fact it should increase substantially
the property values in the neighborhood by having a thriving commercial district once again
located in Countryside Center.
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.
ANSWER: Same Answer
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being
provided.
ANSWER: Plans are currently being reviewed as to final design, and will provide adequate
access, drainage, and all utility facilities which are to the site.
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.
ANSWER: Same answer as to 4 above.
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.
ANSWER: Other than the Planned Unit Development modifications indicated in the Staff
Report, and the installation of monument signage closely resembling the previous monument
signage that existed at Route 47 and Route 34, the proposal complies with all Ordinances of
the United City of Yorkville other than specifically modified by this PUD Amendment.
Memorandum
p To: City Council
T From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson City Administrator
ESL `�, '�-....-._-----1836 � }'
--, Date: October 18, 2012
ii Subject: PC 2012-09—Countryside Center (Kendall Crossing)—Special Use
�'¢ Proposed Preliminary Concept Plan Approval of a Planned Unit
KeMaY Caxvy
I{4E Development(PUD) for New Cinema Complex& Various Outlots
Petitioner's Request:
The Petitioner, James G. Ratos, is seeking Preliminary Concept Plan Approval for a Special Use
Pennit of a Planned Unit Development (PUD) to construct a new cinema complex on the property
formerly known as the Countryside Center development located at the northwest quadrant of US 34
(Veterans Parkway) and Il Route 47 (Bridge Street). The property is currently zoned B-2 General
Commercial.
The overall site plan is designed with four(4) lots covering the approximately 18.5-acre property,
as illustrated on the attached land plan. Currently, only Sublot #4 (Cinema), which is located in the
southeast corner of the property, has a proposed tenant and land plan and covers the largest area of the
development. The theater building will contain ten (10) 70-ft. 3D capable movie screens and stadium
seating for up to 1,900 guests.
Plan Commission Action:
The Plan Commission reviewed the requested special use permit for a Planned Unit
Development(PUD)at a public hearing held on October 17, 2012 and made the following action:
Motion to recommend approval of a Preliminary Concept Plan for a Special Use Permit as a Planned
Unit Development (PUD) for the purpose of redeveloping the approximately 18.5-acre property to be
known as Kendall Crossing, including the construction of a new 38,500 square foot cinema complex,
as presented by the Petitioner in a site plan prepared by RB & Associates Consulting Inc. dated
September 10, 2012, subject to submittal and approval of Preliminary Plan or Final Plat within one
1 ear as recommended by staff in a memorandum dated October 10, 2012.
Vote:
Lindblom-aye; Crouch-aye; Weaver-aye; Prochaska-aye; Kraupner-aye; Baker-aye;
Jones-aye.
7 ayes; 0 nays; 0 abstentions
Plan Commission Written Findings of Facts:
The findings of the Plan Commission, with regard to the requested special use permit, are
contained within the audio recording and will be included within the minutes of the October 17, 2012
meeting. Based upon the standards in Section 10-14-6F of the City's Zoning Ordinance, they are
summarized as follows:
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.
Finding: There are no negative effects to the development of the subject property, in that all
traffic, utility, and development concerns were provided for in the original Countryside
Center Design and the proposed PUD Amendment enhances the traffic flow by
reconstructing internal roadways and providing adequate access outlets to Route 47 and
Route 34.
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.
Finding: The property was previously used as a very active retail center since the early
1970s until its demolition. The use for the Cinema will not in any way change the
commercial use or impact the surrounding ownership of properties. In fact it should increase
substantially the property values in the neighborhood by having a thriving commercial
district once again located in Countryside Center.
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.
Finding: Same Answer.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being
provided.
Finding: Plans are currently being reviewed as to final design, and will provide adequate
access, drainage, and all utility facilities which are to the site.
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.
Finding: Same answer as to 4 above.
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.
Finding: Other than the Planned Unit Development modifications indicated in the Staff
Report, and the installation of monument signage closely resembling the previous monument
signage that existed at Route 47 and Route 34, the proposal complies with all Ordinances of
the United City of Yorkville other than specifically modified by this PUD Amendment.
Staff Comments:
At this time the Petitioner is seeking Preliminary Concept Plan approval for a Special Use
permit as a PUD only and will return before the City Council at a later date with engineering plans for
Final Plat approval. For your reference, staff has attached a copy of the memorandum submitted to the
Plan Commission regarding this request, as well as a draft ordinance approving the Preliminary Concept
Plan. The petitioner will be present at Tuesday night's meeting to address the City Council.