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Ordinance 2007-003 2i 07001 06379 Filed For Record in KENDALL COUNTYP ILLINOIS STATE OF ILLINOIS ) PAUL ANDERSON 02 -22 -2007 At 02 :13 am. )ss ORDINANCE 94.00 COUNTY OF KENDALL ) RHSF Surcharge 10.00 ORDINANCE NO. 2007- Q AN ORDINANCE AUTHORIZING THE EXECUTION OF THE AMENDED ANNEXATION AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT WITH FOX VALLEY FARM PARTNERSHIP AND EDWARD HEALTH VENTURES (Edwards Health Property, Westerly Corner of Rte 126 and Rte 71) WHEREAS, it is deemed prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, to enter into that certain Amended Annexation and Restated Planned Unit Development Agreement ( "Agreement ") attached hereto and incorporated herein as Exhibit "A" pertaining to certain real estate described in the Exhibit "A"; and WHEREAS, said Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11- 15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, the Amended Annexation and Restated Planned Unit Development Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO lJ1 VALERIE BURD PAUL JAMES u� DEAN WOLFER� MARTY MUNNS ROSE SPEARS I-) JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a3 Day of `� AI I IU-4 P- 7 , A.D. 2007. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this a3 day of J A NI U A y , A.D. 2007. ATTEST: CIT LERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 January 29, 2007 STATE OF ILLINOIS ) COUNTY OF KENDALL ) AMENDED ANNEXATION AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE FOR FOX VALLEY FARM PARTNERSHIP, AN ILLINOIS PARTNERSHIP AND EDWARD HEATLH VENTURES, AN ILLINOIS NOT - FOR - PROFIT CORPORATION THIS AGREEMENT is made and entered into this 0? day of 'JAt4UA4 2007 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), FOX VALLEY FARM PARTNERSHIP, AN ILLINOIS PARTNERSHIP, (hereinafter referred to as OWNER), and EDWARD HEALTH VENTURES, AN ILLINOIS NOT - FOR - PROFIT CORPORATION of the County of DuPage, State of Illinois (hereinafter referred to as "DEVELOPER "). WITNESSETH WHEREAS, OWNER is the OWNER of real property which is the subject matter of said Agreement comprising approximately 92.26 gross surveyed acres, more or less, and is more particularly described in the attached Exhibit "A ", which is attached hereto and incorporated herein by reference and is hereinafter referenced as the "SUBJECT PROPERTY "; and WHEREAS, the subject real property is located within the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and 1 WHEREAS, the SUBJECT PROPERTY and other real property still owned by the OWNER was previously annexed to the CITY, and was previously zoned pursuant to CITY ORDINANCE; and WHEREAS, OWNER and DEVELOPER desire to re -zone the SUBJECT PROPERTY described in Exhibit "A" as a Planned unit Development, permitting the development of the SUBJECT PROPERTY for B -3 Service Business District uses as set out in Exhibit "C -1" attached hereto and incorporated herein by reference, and the medical, health and related or similar uses set out in Exhibit "C -2" attached hereto and incorporated herein by reference; and R -2 One Family Residence District uses as set out and demonstrated in Exhibit `B" attached hereto and incorporated herein by reference and which is entitled "Concept Plan" as prepared by Schoppe Design and dated January 22, 2007; and WHEREAS the CITY and its Plan Commission has considered the Petition to Re -Zone the SUBJECT PROPERTY, and the CITY Council has heretofore approved the proposed land use and the zoning of the same at the request of OWNER and DEVELOPER and the CITY for B- 3 Service Business District and R -2 One Family Residence District; and WHEREAS, OWNER and DEVELOPER have presented, and the CITY has considered, the Concept Plan for the SUBJECT PROPERTY herein described in the attached Exhibit `B" as B -3 Service Business District and R -2 One Family Residence District to be in compliance with the CITY COMPREHENSIVE PLAN and the contemplated development of which will be a desirable addition to the CITY in order to provide health care services; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be zoned and developed in the CITY in an orderly 2 manner; and WHEREAS, OWNER and DEVELOPER and their representatives have held a Public Hearing on November 8, 2006 in front of the CITY Plan Commission and in front of the CITY Council on December 19, 2006, and prior to the execution of this AGREEMENT; all of said Public Hearing Notices, were duly published and public hearings were held to consider this AGREEMENT, as required by the statutes of the State of Illinois in such case made and I provided; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11- 15.1 -1 through 51.1 -5, inclusive, relating to Annexation/Planned Unit Development Agreements, the parties hereto wish to enter into a binding agreement with respect to the future zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the development of the SUBJECT PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Amendment / Planned Unit Development Agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11- 15.1-1 through 65 ILCS 5111- 15.1 -5, as amended, as follows: I A. ZONING: The CITY shall adopt an ordinance re- zoning the SUBJECTPROPERTY described herein in the attached Exhibit "A "; subject to the further terms of this Agreement as a Planned Unit Development, permitting the land uses set out as B -3 Service Business District in Exhibit "C -1" attached hereto and incorporated herein by reference and as more fully described in subparagraph (iii), below, and the medical, health and related or similar uses of DEVELOPMENT set out in Exhibit "C -2" attached hereto and incorporated herein by reference (the "Permitted Use List "); and to permit Single Family Residence uses in the areas depicted on Exhibit `B" attached hereto pursuant to the CITY R- 2 One Family Residence District 2. The granted zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth in the B -3 Service Business District and where applicable for residential purposes as set forth in the R -2 One Family Residence District. B. DEVELOPMENT OF THE PROPERTY: (a) That the SUBJECT PROPERTY shall be developed in substantial conformance with the attached Concept Plan, which is incorporated herein and made a part hereof by reference as Exhibit `B ", as prepared and dated January 22, 2007. However re- orientation of building foot prints or internal roadway or drive locations within the CITY Platting process shall be considered minor modifications that will not require further public hearing. (b) DEVELOPER shall be responsible for providing landscaping, in conformance with CITY Ordinance along the western boundary as demonstrated in Exhibit "D- 2" of the SUBJECT PROPERTY including preserving as much of the tree line along the West boundary of the property as is reasonably possible. No permanent —4— trees covering utilities shall be planted on the right -of -way adjacent to the SUBJECT PROPERTY. (c) (i) DEVELOPER shall establish the landscape buffer along Illinois State Routes 126 and 71 behind the proposed Right -of -Way expansion line as provided by the Illinois Department of Transportation prior to Final Plat Approval. If said expansion line is not provided by the Illinois Department of Transportation prior to Final Plat Approvals, DEVELOPER may rely upon existing record Right -of- Way Lines. (ii) Each party agrees that the issue of Illinois State Route 71 and Illinois State Route 126 Intersection and road widening improvements has not been determined by the Illinois Department of Transportation. Each party hereto agrees that the issue of dedication of right of way and compensation therefore, the allocation of cost of improvements, intersection design, and widening issues shall be negotiated by the parties at the time design improvements are approved by the Illinois Department of Transportation, and shall be allocated in terms of contributions by the parties pursuant to further written agreement by the parties for streets within the jurisdiction of the United City of Yorkville by the City, at or prior to the time of the issuance of the access permits by the Illinois Department of Transportation. The parties further acknowledge that tri-part agreements may be necessary between the United City of Yorkville, OWNER/DEVELOPER, and the CITY for roadway improvements that are under the jurisdiction of the Illinois Department of Transportation. Nothing herein contained is deemed to bind any I —5— party to this Agreement or the City or Illinois Department of Transportation to a specific contribution formula prior to entering into a written Agreement as to the allocation of contributions between the parties. (d) A Tree Survey on -site shall be conducted by OWNER and DEVELOPER and the same shall be submitted to the United City of Yorkville within 60 days of approval of this Agreement by the United City of Yorkville. (e) i. OWNER and DEVELOPER further agrees to use its best efforts in the development of the subject R -2 One Family Residence District portion of the subject property in order to maximize and protect the wooded areas of the site in conformance with Exhibit "D -1 and D -2" attached hereto and incorporated herein by reference. ii. The attached Exhibit `B" shows a Concept Plan for the commercial portion of said Development and a bubble or area plan for residential purposes only. OWNER/DEVELOPER shall present a preliminary plat for any proposed specific residential development prior to approval of the same which shall be subject to the normal subdivision platting process of the United City of Yorkville. OWNER/DEVELOPER shall be guaranteed a minimum of thirty (30) single family dwelling units over the total area zoned R -2 One Family Residence District in the event the City does not elect to acquire the wooded portion of the property and residential development takes place thereon. C. CITY OFFER TO ACOUIltE WOODED PARCEL: OWNER/DEVELOPER and CITY agree that in the event the CITY, either through its own efforts or independent -6- grants is able to secure funds to purchase a portion of the wooded area West of the North- South Collector Street separating the residential and commercial portions of the development on the subject property as shown in Exhibit "D -1" from OWNER/DEVELOPER, that OWNER/DEVELOPER will enter into negotiations for the sale of that portion of the wooded areas to the CITY in order to preserve said wooded area at a price that is acceptable to the then OWNER of the subject property at the time of said written offer by the CITY to purchase the same. Expiration of the CITY Right to Offer to purchase said wooded parcel shall terminate upon the earlier of- a) Written notice by the OWNER/DEVELOPER, or their assigns to the CITY disclosing that a third party offer has been received to sell the wooded parcel and failure of the CITY to provide written notice to OWNER/DEVELOPER of CITY's agreement to purchase the subject wooded parcel at the price tendered to the CITY by OWNER/DEVELOPER; within Thirty (30) days of the date of such notice being sent by certified mail by OWNER/DEVELOPER to the CITY; or b) OWNER/DEVELOPER filing a Petition to Approve Preliminary Plat of Subdivision for the residential portion of the development. In the event OWNER/DEVELOPER receives a written offer to purchase said property, and the contract purchaser desires to file an application with the CITY for approval of a preliminary plat, OWNER/DEVELOPER agrees to give the CITY Thirty (3 0) days advanced written notice prior to permitting the filing of the same with the CITY. Upon said written notice being served upon the CITY, the notice and offer provisions contained in paragraph C(a) above shall then take effect; or -7- c) In the event the CITY tenders a written acceptance of said purchase offer to SELLER, closing shall be within Thirty (30) days of CITY's written acceptance; or d) Three Hundred and Sixty Five (365) days from the execution of this Agreement by the CITY, provided, however, in the event the CITY has provided OWNER/DEVELOPER with written notice that the CITY has submitted a loan or Grant Application for the acquisition of said wooded parcel prior to the expiration of said 365 day period, said 365 day deadline shall be extended for a period of time not exceeding Ninety (90) days if CITY is awaiting a response to said Application. In the event that CITY receives a denial of said Application prior to the expiration of said 90 day extension period, the CITY will provide prompt written notice of such denial to OWNER/DEVELOPER, and the CITY Right to Offer to purchase said wooded parcel shall terminate. e) Nothing contained herein shall act as a stay of any development plans OWNER/DEVELOPER may have with respect to the subject parcel, in the event development is sought prior to any offer being made to purchase the same by the CITY, D. PERMITTED USES: a) OWNER and DEVELOPER agree that OWNER and DEVELOPER shall be permitted to conduct the uses on the SUBJECT PROPERTY that are excerpted from the United CITY of Yorkville Zoning Classification for O- Office District, B -1 Limited Business District, B -2 General Business District, B -3 Service Business District which are attached hereto and incorporated herein as Exhibit "C -1 ", and any permitted uses within those Districts that the CITY may create in the future, -8- I as well as the list of permitted medical, health and related or similar uses as set out in Exhibit "C -2" attached hereto and incorporated herein by reference. OWNER/DEVELOPER agree that they shall not be permitted to conduct on site any permitted uses which have been previously excepted from the current United CITY of Yorkville Zoning Ordinances as are excepted out of Exhibit C -1 of this Agreement by the United CITY of Yorkville. b) That in all other respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances except to the extent modified I herein. c) DEVELOPER shall establish a Thirty (30') Foot front building setback line for principal structures, but OWNER and DEVELOPER may install parking, signage, and landscaping in said setback. Adjacent to interior streets, parking shall be maintained with at least a Ten (10) foot setback from said roadway. In relation to Route 126 and Route 71 a Thirty (30') foot parkway setback shall be maintained. d) The DEVELOPER, and its successors, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan shall be submitted and approved by the CITY Council of the United CITY of Yorkville, as well as DEVELOPER complying with the CITY Preliminary and Final Platting process without further public hearing. E.CITY'S AGREEMENTS: —9— a) The CITY agrees that due to the nature of the non - residential use and zoning classification of the B -3 portion of the SUBJECT PROPERTY, OWNER and DEVELOPER have no obligation to pay School Transition Fees, School Land -Cash Fees, Park Land Cash Fees, or Municipal Building Fees with respect to the portion of the SUBJECT PROPERTY that is zoned B -3. b) As to the residential portion of the SUBJECT PROPERTY, all customary and normal fees as are required to be paid pursuant to the United City of Yorkville Ordinances shall be paid at time of Final Plat Approval or upon application for building permits as are set out respectively in applicable City Ordinances, and pursuant to Exhibit "E" a copy of which is attached hereto and incorporated herein by reference. c)DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook -on to the CITY water or Sanitary Sewer System at the time of improving the SUBJECT PROPERTY and upon CITY approval of this Annexation Agreement, and shall be responsible for main extensions to the SUBJECT PROPERTY if said mains do not touch the SUBJECT PROPERTY. d) In the event DEVELOPER is required to financially participate and improve the main North/South entrance and to the collector street to provide access to the commercial portion of the subdivision, and/or to provide signalization and on or off -site improvements to Illinois State Routes 126 or Route 71 CITY agrees to enact and pass: i) Recapture Agreement for Road and Signalization Improvement Agreement and Ordinance apportioning the cost and payment responsibilities of DEVELOPER and any benefiting adjacent properties for the cost of said improvements as well as —10— apportioning the cost thereof between DEVELOPER, the CITY, and the Illinois Department of Transportation; and ii) Permit an Economic Incentive Agreement to be requested by DEVELOPER as to any portion of the on and off -site, signalization on or offsite or collector costs not so recovered under paragraph (C)(1) above pursuant to such an Agreement out of % of any Sales Tax Receipts from users on the subject site in conformity with the United CITY of Yorkville Commercial Incentive Policy. Said Agreement may include sales tax rebates, real estate tax credits or fee credits as may be negotiated therein between the parties considering costs advanced by DEVELOPER and job creation in the community by DEVELOPER. F. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER and DEVELOPER and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the SUBJECT PROPERTY and the improvements thereon to other persons, trusts, partnerships, firms, or corporations, for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges, including, but not limited to, economic incentives, and shall have the same obligations as OWNER and DEVELOPER under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER on any subdivided or unimproved property I for which an acceptable substitute performance bond or letter of credit has not been submitted to i the CITY. —11— i G. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. H. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. I.. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and OWNERS of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. No Covenant or Agreement shall become binding on OWNER or DEVELOPER until DEVELOPER hereunder has closed the purchase of the SUBJECT PROPERTY by DEVELOPER from OWNER. J. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: CITY Clerk 800 Game Farm Road I Yorkville, IL 60560 With a copy to: John Wyeth 800 Game Farm Road Yorkville, IL 60560 To OWNER: Fox Valley Farm Partnership Dr. William Davis 11615 N. River Road Plano, IL 60545 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 To DEVELOPER: President Edward Health Ventures 801 S. Washington St. Naperville, IL 60540 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 Attorney Hank Stillwell 300 E. Roosevelt Rd, Ste 300 P.O. Box 786 Wheaton, IL 60189 Vice President and General Counsel Edward Health Ventures 801 S. Washington St. Naperville, IL 60540 or to such other addresses as any party may from time to time designate in a written notice to the other parties. K. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. —13— In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. L. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. —14— I I I IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this I day of , 2007. UNITED CITY OF YORKV E B .-' y: C� Y Arthur F. Prochaska, Jr., Mayor Attest: J& / CITY Clerk Dated: c 0 7 OWNER: : B Y Attest: / M Dated: / A1, DEVEL; By: Attest: 0 41 0 ' r n v . A Dated: I /&q /o I Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -14- II EXHIBIT LIST Exhibit "A" Legal Description Exhibit `B" Concept Plan Exhibit "C -1" Ordinance for Business Districts Exhibit "C -2" Ordinance for Residential District Exhibit "D -I" Alternative Residential Development Sketch for Tree Preservation and Wooded Area Exhibit "D -2" Edward Health Care Design Standards for Preservation of Wooded Area in Residential Development Exhibit "E" City Building Permit Fees and Contributions for Residential Portion of the Development —15— EXHIBIT "A" LEGAL DESCRIPTION THAT PART OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 7 IN "CROOKED CREEK WOODS" A SUBDIVISION RECORDED IN BOOK 14 OF PLATS AT PAGES 4 AND 5 AS DOCUMENT NO. 71 -4055 IN THE RECORDER'S OFFICE OF KENDALL COUNTY ILLINOIS; THENCE NORTH 00 DEGREES 56 MINUTES 13 SECONDS EAST ALONG THE EASTERLY LINE OF SAID SUBDIVISION 592.79 FEET TO A SOUTHERLY LINE OF LOT 4 IN SAID SUBDIVISION; THENCE NORTH 88 DEGREES 51 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE 121.34 FEET TO THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH 00 DEGREES 56 MINUTES 20 SECONDS EAST ALONG THE MOST EASTERLY LINE OF SAID SUBDIVISION 550.70 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 126; THENCE SOUTH 57 DEGREES 34 MINUTES 51 SECONDS EAST ALONG SAID CENTER LINE OF SAID CENTER LINE EXTENDED 234.49 FEET; THENCE SOUTH 00 DEGREES 57 MINUTES 46 SECONDS WEST 51.43 FEET TO THE SOUTHWESTERLY LINE OF SAID ILLINOIS STATE ROUTE NO. 126; THENCE SOUTH 55 DEGREES 42 MINUTES 12 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE 378.83 FEET TO AN ANGLE IN SAID SOUTHWESTERLY LINE; THENCE SOUTH 52 DEGREES 40 MINUTES 01 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE; THENCE 43 DEGREES 17 MINUTES 43 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE; THENCE SOUTH 52 DEGREES 21 MINUTES 11 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE AND SAID SOUTHWESTERLY LINE EXTENDED 1874.55 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71; THENCE SOUTH 72 DEGREES 06 MINUTES 49 SECONDS WEST ALONG SAID CENTER LINE 1115.28 FEET; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 114,592.0 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT, AN ARC DISTANCE OF 1466.67 FEET; THENCE SOUTH 72 DEGREES 50 MINUTES 49 SECONDS WEST 472.53 FEET TO THE SOUTHEAST CORNER OF "WILDWOOD, PHASE II, YORKVILLE, KENDALL COUNTY, ILLINOIS ", A SUBDIVISION RECORDED AS DOCUMENT 930730; THENCE NORTH 17 DEGREES 09 MINUTES 11 SECONDS WEST ALONG AN EAST LINE OF SAID SUBDIVISION 60.0 FEET; THENCE NORTH 12 DEGREES 20 MINUTES 49 SECONDS EAST ALONG AN EAST LINE OF SAID SUBDIVISION 168.48 FEET; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF MEADOW ROSE LANE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 283.0 FEET, A CHORD BEARING OF SOUTH 80 DEGREES 03 MINUTES 24 SECONDS EAST 23.74, AN ARC DISTANCE 23.75 FEET; THENCE NORTH 12 DEGREES 20 MINUTES 49 SECONDS EAST ALONG AN EAST LINE OF SAID SUBDIVISION 18.15 FEET; THENCE NORTH 29 DEGREES 30 MINUTES 49 SECONDS ALONG AN EAST LINE OF SAID SUBDIVISION 273.75 FEET; 10 -7A -1 Exhibit "C -1" 10 -7A -1 CHAPTER I BUSINESS DISTRICTS ARTICLE A. 0 OFFICE DISTRICT SECTION: 10 -7A -1: Uses Permitted 10 -7A -2: Special Uses 10 -7A -3: Lot Area 10 -7A -4: Yard Areas 10 -7A -5: Lot Coverage 10 -7A -6: Maximum Building Height 10 -7A -7: Off - Street Parking and Loading 10 -7A -1: USES PERMITTED: Advertising agency. Bank. Barber shop. Beauty shop. Bookkeeping service. Club - private indoor. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Credit union. City of Yorkville 10 -7A -1 10 -7A -1 Daycare Facility. Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. - Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Savings and loan association. Stenographic service. Stock broker. Telegraph office. Ticket office. Title company. Travel agency. Utility office. (Ord. 1973 -56A, 3- 28 -74). City of Yorkville 10 -7A- 2 10 -7A -7 10 -7A -2: SPECIAL USES: Planned developments. Solid waste disposal site. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1995 -20, 8 -10 -1995) 10 -7A -3: LOT AREA: No lot shall have an area less than twenty thousand (20,000) square feet. (Ord..1973 -56A, 3 -28 -1974) 10 -7A -4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), except where a side yard adjoins a street, the minimum width shall be increased to twenty feet (20'). C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973 -56A, 3 -28 -1974) 10 -7A -5: LOT COVERAGE: Not more than fifty percent (50 %) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973 -56A, 3 -28 -1974) 10 -7A -6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973 -56A, 3 -28 -1974) 10 -7A -7: OFF - STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973 -56A, 3 -28 -1974) January 2000 City- of Yorkville 10 -713. 1 10 -713-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE B. B -1 LIMITED BUSINESS DISTRICT SECTION: 10 -713-1: Uses Permitted 10 -76 -2: Special Uses 10 -713-3: Lot Area 10 -713-4: Yard Areas 10 -713-5: Lot Coverage 10 -7B -6: Maximum Building Height 10 -713-7: Off - Street Parking And Loading 10 -713-8: Single - Family Apartments In Business Buildings 10 =713-1: USES PERMITTED: Antique sales. Apartments, single- family, located in business buildings'. Bakery - retail. Barbershop. Beauty shop. Bookstore. Cafeteria (diner). Camera shop. Church or other place of worship. 1. See Section 10 -713-8 of this Article. January 2000 City of Yorkville 10 -7E -1 10 -713 -1 Daycare Facility. Clothes - pressing and repair. Club - private indoor. Club - private outdoor. Community center. Dressmaker - seamstress. Drugstore. Florist sales. Fruit and vegetable market - retail. Gift shop. Grocery store - supermarket. Gymnasium. Health food store. I Hobby shop. Hospital (general). Hospital or treatment center. Household furnishing shop. Ice cream shop. Jewelry - retail. Laundry, cleaning and dyeing - retail. Library. Magazine and newsstand. Meat market. January 2000 Cftv of Yorkville i 10-713-1 10 -713-2 Medical clinic. Mortuary - funeral home. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. Swimming pool - indoor. Tennis club - private or daily fee. Trailer. (Ord. 1973 -56A, 3 -28 -1974; amd. 1994 Code; Ord. 1994-11A, 2 -10 -1994) 10 -713-2: SPECIAL USES: A. Allowed: All special uses permitted in O District. Liquor store. B. Prohibited: January 2000 City of Yorkville 10 -7B -3 10 -713-5 10 -7B -3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1973 -56A, 3 -28 -1974) 10 -7B -4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). (Ord. 1973 -56A, 3 -28 -1974) I _ B. Side Yards: 1. A minimum side yard shall be required between buildings within the B -1 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B -1 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum side yard of not less than twenty feet (20') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B -1 District if the variance is sought for a parcel of real estate i; that is sought to be developed as a planned unit development _ because of the unique nature of the parcel or development sought thereon. (Ord. 1986 -1, 1 -9 -1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973 -56A, 3 -28 -1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than twenty feet (20') shall be required. A transitional yard shall be maintained only when the adjoining residential . district is zoned R -1 or R -2 One - Family Residential. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1987 -1, 2 -12 -1987) 10 -7B -5: LOT COVERAGE: Not more than fifty percent (50 9 %) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973 -56A, 3 -28 -1974) I � January 2000 Cih' rj` York-oille 10 -7B -6 10 -7B -8 10 -713-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973 -56A, 3 -28 -1974) 10 -7B -7: OFF - STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973 -56A, 3 -28 -1974) 10 -713-8: SINGLE - FAMILY APARTMENTS IN BUSINESS BUILD - INGS: A. Buildings To Comply With BOCA Code: Apartments may be on any floor of a business building, in conformance with BOCA Code. B. Containment Within Business Building: Said apartment must be contained in the business building and not exist separate and apart from the building. C. Number Of Apartments: In the case of a business which contained more than one apartment on a second floor above a first floor business, said business is allowed to have two (2) apartments maximum. D. Conflicting Provisions Repealed: 1. Any and all zoning ordinances which prohibit apartments in property zoned for business are hereby specifically revoked. 2. This amendment shall replace any ordinance which prohibits apartments in property zoned for business. (Ord. 1994 -1 A, 2 -10 -1994) January 2000 City of Yorkuille 10 -7C -1 10 -7C -1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE C. B -2 GENERAL BUSINESS DISTRICT SECTION: 10 -7C -1: Uses Permitted 10 -7C -2: Special Uses 10 -7C -3: Lot Area 10 -7C -4: Yard Areas 10 -7C -5: Lot Coverage 10 -7C -6: Maximum Building Height 10 -7C -7: Off - Street Parking and Loading 10 -7C -1: USES PERMITTED: All uses permitted in the O and B -1 Districts. Appliances - sales. Art gallery - art studio sales. Art supply store. Auditorium. Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. City of Yorkuille 10 -7C -1 10 -7C -1 Blueprint and photostat shop. Carry-out food service. Catalog sales office. Clothing store - all types. Daycare Facility. Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new /used. Hardware store. j ; Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel. i Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. City of Yorruille 10 -7C.1 10 -7C -2 Paint/wallpaper store. Personal loan agency. Pet store. Picture frame store. Radio and television studios. Reducing salon, masseur and steam bath. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973 -56A, 3 -28 -1974; amd. 1994 Code) 10 -7C -2: SPECIAL USES: All special uses permitted in the B -1 District. Apartments, single - family, located in business buildings'. 1. See Section 10 -7B -8 of this Chapter. January 2000 City of YYorkuille 10 -7C -2 10 -7C -4 Marina. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -1 A, 2 -10 -1994) 10 -7C -3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986 -1, 1 -9 -1986) 10 -7C -4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: No minimum front yard shall be required. (Ord. 1973 -56A, 3 -28 -1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B -2 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B -2 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum side yard of not less than thirty feet (30') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a L' variance to any petitioner seeking to vary the side yard requirements in a B -2 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986 -1, 1 -9 -1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973 -56A, 3 -28 -1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R -1 or R -2 One - Family Residential. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1987 -1, 2 -12 -1987) January 2000 ("it) or f'orlet t.!e 10 -7C 5 10 -7C -7 10 -7C -5: LOT COVERAGE: Not more than eighty percent (80 %) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973 -56A, 3 -28 -1974) 10 -7C -6: MAXIMUM . BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories. (Ord. 1973 -56A, 3 -28 -1974) 10 -7C -7: OFF - STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973 -56A, 3 -28 -1974) I I i t I ' I i I January 2000 City of Yorkville 10 -7D -1 10 -7D -4 Upholstery shop. Veterinary clinic. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1986 -1, 1 -9 -1986; Ord. 1988 -7, 4 -14 -1988; Ord. 1995 -19, 8 -10 -1995; Ord. 1998 -21, 6 -25 -1998) 10 -7D -2: SPECIAL USES: All special uses permitted in the B -2 District. Stadium. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1995 -19, 8 -10 -1995; Ord. 1995 -20, 8 -10 -1995) 10 -7D -3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986 -1, 1 -9 -1986) 10 -7D -4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973 -56A, 3 -28 -1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B -3 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B -3 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. January 2000 City of Yorkville 10 -7D -4 10 -7D -7 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B -3 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986 -1, 1 -9 -1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973 -56A, 3 -28 -1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R -1 or R -2 One - Family Residential. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1987 -1, 2 -12 -1987) E. Parking Lot Setback Requirements: 1. Arterial Roadways: When a parking lot located in the B -3 Zoning District is located next to an arterial roadway, as defined in the City's Comprehensive Plan, a twenty foot (20') setback from the property line is required. 2. Nonarterial Roadways: When a parking lot located in the B -3 i Zoning District is located next to a nonarterial roadway, as defined in the City's Comprehensive Plan, a ten foot (10') setback from the property line is required. (Ord. 1998 -32, 11 -5 -1998) 10 -7D -5: LOT COVERAGE: No more than fifty percent (50 %) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973 -56A, 3 -28 -1974) 10 -7D -6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35'). (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1998 -8, 3 -26 -1998) 10 -7D -7: OFF - STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973 -56A, 3 -28 -1974) January 2000 City or Ynrhuille 10 -6B. 1 10 -613-3 CHAPTER 6 RESIDENTIAL DISTRICTS ARTICLE B. R -2 ONE - FAMILY RESIDENCE DISTRICT SECTION: 10 -6B -1: Uses Permitted 10 -613-2: Special Uses 10 -613-3: Lot Area And Allowable Density 10 -6B -4: Yard Areas 10 -6B -5: Lot Coverage 10 -6B -6: Maximum Building Height 10 -6B -1: USES PERMITTED: The following uses are permitted: Any permitted use in the R -1 One - Family Residence District. (Ord. 1973 -56A, 3 -28 -1974) 10 -613-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10 -14 -6 of this Title: Any use permitted as a special use in the R -1 One - Family Residence District, except that planned developments may be considered where the zoning lot proposed for development has a gross area of not less than ten (10) acres. Bed and breakfast inns. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -36, 10 -13 -1994) 10 -613-3: LOT AREA AND ALLOWABLE DENSITY: A. Lots with private wells and /or private sewage treatment facilities: January 2000 City of Yorkuille 10 -6B -4 10 -613-6 A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), or ten percent (10 %), whichever is greater, except where a side yard adjoins a street, the minimum width shall be increased to thirty feet (30'). C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord. 1973 -56A, 3 -28 -1974) 10 -68-5: LOT COVERAGE: Not more than twenty percent (20 %) of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973 -56A, 3 -28 -1974) 10 -613-6: MAXIMUM BUILDING HEIGHT: Same regulations shall apply as permitted or required in the R -1 One - Family Residence District. (Ord. 1973 -56A, 3 -28 -1974) January 2000 MY of Yorkuille EXHIBIT "C -2" The CITY hereby agrees to rezone the Property as required to classify the portions of the Property legally described on Exhibit "A" hereto as B -3 Service Business District, allowing as permitted uses, for which a Public Hearing on said uses has been previously held, requesting the following uses specifically cited in the current United City of Yorkville Zoning Ordinances or as contained and permitted by the terms of this Agreement. It is the intention of the parties that the Property may and will be developed and operated for any of the uses set forth on the following "Permitted Use List ", or those uses permitted under the existing United City of Yorkville O- Office District, B -1 Limited Business District, B -2 General Business District, and B -3 Business Service District as set out in attached Exhibit C- 1, and any permitted uses within those Districts that the CITY may create in the future. 1 Alternative health care facilities 2 Ambulatory medical facilities or centers for diagnosis or treatment, including, but not limited to, facilities or centers for ambulatory surgical treatment, immediate or urgent care services, renal dialysis services, cardiovascular care, oncology services, radiological imaging services, reproductive health and fertilization services, psychiatric /mental health or disability services, alcoholism/substance abuse services, developmental disabilities services, rehabilitation services, and optician or optometry services 3 Civic buildings 4. Clinic or Medical Health Center (as defined by the City Code: "An establishment where patients are admitted for special study and treatment by two or more licensed physicians or dentists and their professional associates, practicing medicine together. ") 5. Clinical laboratories including, but not limited to, sleep laboratories 6. Cultural institutions, accessory to hospital, clinic, medical health center, or medical office or related use; or as permitted under applicable City Ordinance 7. Dwelling units, such as housing for employees, other health provider staff or patients 8. Education, training and conference facilities 9. Extended care facilities, including, but not limited to, nursing homes and assisted living facilities. I 10. Health club /fitness or wellness center /reducing salons 11. Helipad for medical emergency medical services in conformance with applicable City, State and Federal regulations and in conformance with DEVELOPER'S Concept Plan incorporated herein in as Exhibit "B" 12. Hospitals as defined under applicable Illinois law 13. Medical research facilities and laboratories 14. Nursery schools or day nurseries, preschool and day care centers 15. Offices — business or professional; medical or dental 16. Parking areas or garages, including elevated parking as is permitted to the maximum building height level as permitted from time to time for B -3 Service Business zoned districts within the United City of Yorkville. 17. Parks, playgrounds and forest preserves 18. Pharmacies and drug stores, including drive -in establishments 19. Public and private utility facilities 20. Religious institutions, accessory to the primary medical uses (or as permitted under the terms of the United City of Yorkville O- Office District, B -1 Limited Business District, B -2 General Business District, and B -3 Business Service District of the United City of Yorkville) 21. Residential care homes or community living facilities. "Residential Care Home" for the purposes of the Agreement shall be defined as follows: "any dwelling unit or living quarters wherein individuals are provided residential care. residential care home does not include a nursing home, hospital, adult daycare center, child daycare center or a dwelling unit or living quarters which serves to house persons as an alternative to incarceration for a criminal offense ". "Residential care" is "maintenance (room and board), oversight, general watchfulness, and other appropriate services to meet the needs of residents including, but not limited to, social, recreational, medical, employment, educational, rehabilitative and other I� therapeutic services including but not limited to treatment of eating disorders, mental health disorders, and treatment of alcoholism /substance abuse which is enhanced by being provided to individuals with a common and related need for such services in a family like environment in a residential care home ". i "Community Living Facility" for the purposes of this Agreement shall be as defined under applicable Illinois law. 22 Restaurants 23. Rooftop antennas 24. Schools /colleges /special education, and education training and conference facilities, accessory 25. Senior housing — independent and skilled care 26. Services and businesses, including but not limited to, ambulance, barber shops, beauty parlors, flower shops, gift shops, laundries, clothes cleaning and laundry pickup stations, toy shops, orthopedic and medical appliance sales and fitting, and similar stores or shops for the conduct of business, all accessory to a permitted use. 27. Other uses, service and retail, which are of the same general character as the above permitted uses, as recommended by the zoning administrator, and approved by the City Council 28. Any other use related to the study or practice of medicine, diagnosing, treating or preventing disease and other changes to the mind or body and promoting good health. Any initial development on the SUBJECT PROPERTY by DEVELOPER shall be of first quality construction and architecturally designed so that building exteriors (including without limitation, signs and color) will be architecturally and aesthetically compatible and harmonious with DEVELOPER's other medical campus developments. ED HEAL EXHIBIT D - 1 z Yorkville, Illinois ALTERNATIVE RESIDENTIAL DEVELOPMENT SKETCH APPROXIMATE EDGE OF WOODED AREA 50 CONSERVATION WOODED AREA EASEMENT NOT SUBJECT TO CITY ® toTf RIGHT TO OFFER 5r0W9f < tors �T,O PURCHASE ZS,0006F d- N ?3c[d5P i • • GoT n - 164000F Ep r 22,000 yp � for fo lb,0cn5F - • � • 60` GOT /b \ ,e,v `� Zy D0o 5G /boob sF \ / fit ED •- fit„ � P r 100 LOfl3 o, 75,000 l80r WOODED OUTLOT tors 4.2 AC. 00 5G l30= 26,000 9p tort zcW _ /B,rwv9F p0 10 r /sN NOTES: It, wo5F ' -30 SINGLE FAMILY LOTS ' FF�e PS -1.1 AC. PARK P9R l'� - 4.2 AC WOODED 130 OUTLOT. SIZE !� Ooo ;/ S.W.M. C MAY CHANGE DUE �asr '� TO PRELIMINARY corm l ,roe PH / ,�,�, yr •.... -. AND FINAL i ENGINEERING to rt; � /Yr lsor ' REQUIREMENTS tvfZr! � 'S' lofZr • r1,0o0sr� r• lb,p7°5G tort lorzi `fir /2,O175i � � /2,DPC 5F �Vm /1,000 SF 0 CO. ` (Zroo°SF L G PAO r ' O t 26 /2, 00a SG 22, 000 SP - I g / ep /,. S.W.M. �� 1 121®v ;e 50' zoo' 400' SCHOPPEDESIGNASSOCIATES, INC Landscape Architecture and Land Planning North 0 REV. 01 -12 -2007 126 S. MAINSZ PH. (630) 896 -1501 3 -� _ - - -� g{ 0' 100' OSWEGO. IL. 60543 FAX(630)896 -3118 12 -21 -2006 Exhibit D -2 Edward Healthcare Facility Yorkville Design Standards for Residential Development within Wooded Area 1. In order to allow for the preservation of existing trees, the following setbacks shall apply to residential lots located within the wooded areas and are to be applied without additional public hearing. a. Front Yard — 20' b. Rear Yard — 20' c. Combined Front Yard and Rear Yard Setback — 70' d. Side Yard — 5' e. Combined Side Yard Setback — 20' 2. DEVELOPER shall provide a 50' Conservation Easement along the rear lot lines of all residential lots developed within the wooded area of the site. 3. Minimum lot size for all single family residential lots developed within the wooded areas of the site shall be 16,000 square feet. 4. The DEVELOPER shall convey to the City a 1 acre park, located as shown on Exhibit D -1. The DEVELOPER shall convey to the City an additional area of the wooded out lot which is not less than one acre, nor more than 2 acres in size. Location and shape of said conveyance to be determined during preliminary and final platting. 5. To the extent that the standards outlined in Exhibits D -1 and D -2 differ from the City's Landscape Ordinance, the standards in Exhibits D -1 and D -2 shall apply. j EXHIBIT "E" LIST OF FEES AND CONTRIBUTIONS TO WHICH THE SUBJECT REAL PROPERTY DEVELOPED FOR R -2 SINGLE FAMILY RESIDENTIAL PURPOSES SHALL BE SUBJECT: 1. Land Cash for School and Park District pursuant to the City Ordinance in effect at the date of Final Plat of Subdivision being passed by the City Council. 2. Sanitary Sewer and Water Connection Fees payable at the time of building permit on a non - discriminatory basis in the City at the time each respective building permit is applied for by the owner or builder on any given residential lot. 3. Building Permit Fees that are charged for any given residential lot at the time a building permit is applied for by the applicant. (No other Transition or United City of Yorkville Impact Fees are applicable to the subject Residential Development since the same has been annexed and zoned prior to the passage of any of those fees as levied by the United City of Yorkville or associated Governmental Agencies.) I