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Economic Development Packet 2009 10-06-09 J� u 0 United City of Yorkville 800 Game Farm Road EST 1� 1836 Yorkville, Illinois 60560 .� Telephone: 630-553-4350 Fax: 630-553-7575 <LE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, October 6, 2009 7:00 PM City Hall Conference Room Minutes for Correction/Approval: September 1, 2009 Items Recommended by Plan Commission for Approval: 1. PC 2009-13 RWJ Final Plat of Subdivision New Business: 1. EDC 2009-38 Building Permit Report for August 2009 2. EDC 2009-39 Plan Commission Report for September 2009 3. PC 2009-10 Kendallwood Estates PUD Rezoning Request 4. EDC 2009-40 Appointment of Successor Trustee for Variable Rate Demand Industrial Revenue Bonds (F.E. Wheaton and Co., Inc. Project) Series 2006 5. EDC 2009-41 Prestwick Request Regarding Pending Development Fees 6. EDC 2009-42 Sign Ordinance — Amendment Regarding Parks & Recreation Advertisement Signage 7. EDC 2009-43 USDA Grant/Loan Application for Gas Main Improvements along Eldamain Road/Lincoln Prairie Subdivision 8. EDC 2009-44 Building Code Update Discussion — IBC 2006/I13C 2009 9. EDC 2009-45 Integrated Transportation Plan — Implementation Task Force Discussion 10. EDC 2009-46 Committee Liaison Review Old Business: 1. EDC 2009-36 Community Development Department Plan Review Fees — Proposed Amendment to City Code 2. EDC 2009-07 "Shop Yorkville" Campaign — Discussion Additional Business: Economic Development Committee October 6, 2009 Page 2 2008 City Council Goals - Economic Development Committee `Evaluate fiscal incentives." Alderman Golinski Travis Miller Susan Mika `Increase development standards, with heavy emphasis on multi family." Alderman Werderich Travis Miller "Facilitate large lot planning areas, with exploration on agricultural homestead zoning district, and heavy emphasis on studying how we can Alderman Werderich Travis Miller make large lots economically viable in the marketplace." "Bridges to river islands." Alderman Werderich Bart Olson "Open space acquisition." Alderman Sutcliff Bart Olson "Strengthen the city's role in economic development activities." Alderman Munns Brendan McLaughlin Travis Miller "Land use planning adjacent to Route 47, with research on how we can Travis Miller help Route 47 expansion via contact with Springfield." UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, October 6 2009 7 :00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1 . September 1 , 2009 ❑ Approved as Presented ❑ Approved with Corrections ITEMS RECOMMENDED BY PLAN COMMISSION FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PC 2009- 13 RWJ Final Plat of Subdivision ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- I . EDC 2009-38 Building Permit Report for August 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2009-39 Plan Commission Report for September 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 3 . PC 2009- 10 Kendallwood Estates PUD Rezoning Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2009-40 Appointment of Successor Trustee for Variable Rate Demand Industrial Revenue Bonds (F.E. Wheaton and Co., Inc. Project) Series 2006 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5 . EDC 2009-41 Prestwick Request Regarding Pending Development Fees ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 6. EDC 2009-42 Sign Ordinance — Amendment Regarding Parks a& Recreation Advertisement Signage ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. EDC 2009-43 USDA Grant/Loan Application for Gas Main Improvements along Eldamain Road/Lincoln Prairie Subdivision ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ------------------ 8 . EDC 2009-44 Building Code Update Discussion — IBC 2006/IBC 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 9. EDC 2009-45 Integrated Transportation Plan — Implementation Task Force Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ------------- ------------------------------------------------------------------------------------------------------------------------- 10. EDC 2009-46 Committee Liaison Review ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2009-36 Community Development Department Plan Review Fees—Proposed Amendment to City Code ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2009-07 "Shop Yorkville" Campaign—Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Page 1 of 3 RAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, September 1, 2009, 7pm City Conference Room In Attendance: Committee Members Chairman Gary Golinski Alderman Rose Spears Alderman Wally Werderich Alderman Robyn Sutcliff Other Citv Officials: Mayor Valerie Burd City Administrator Brendan McLaughlin Community Development Director Travis Miller Community Relations Officer Glory Spies Other Guests: David Hene, Mid-Am Development The meeting was called to order by Chairman Gary Golinski at 7:OOpm. Minutes for Correction/Approval: August 4, 2009 The minutes were approved as read. New Business : 1. EDC 2009-34 Building Permit Report for July 2009 Nineteen permits were issued in July and the majority were for Autumn Creek. A few were also issued for townhomes. 2. EDC 2009-35 Plan Commission Report for August 2009 Travis reported action had already occurred on August 13 and there was no further discussion. 3. PC 2009-11 Mideo Northgate (Rt. 47 & Galena — Preliminary Plan and Final Plan/Plat 4. PC 2009-15 JR Yorkville, LLC (Rt. 47 & Galena) - Rezoning These 2 items were discussed together and relate to property at the northeast corner of Galena and Rt. 47. In 2005, a 2.09-acre piece of land was not developed as part of the Bristol Bay subdivision and was zoned R3 . Now the petitioner wants to rezone this to B3 . It is scheduled for Public Hearing at the next Plan Commission. There is one identified user (CVS Pharmacy in contract negotiations) at this time. The Plan Council has reviewed the plat of subdivision and there were some design issues with the stormwater basin. Lot 5 will become a detention basin. Page 2 of 3 Travis discussed the need for sidewalks, however, only on one side at this time. The remainder of the sidewalks will be constructed as the property develops and will eventually connect to Bristol Bay. A trail is also proposed for this area. Alderwoman Spears asked about the merger of Centex and Pulte and how it might affect this development. Travis gave a brief overview of this and said the City has an agreement via emails regarding the sidewalks. Alderwoman Spears recommended a more formal agreement, however, Mr. McLaughlin cautioned against pressing for an agreement from upper management at this time, due to the builder merger. This item will move to the September 22°d City Council consent agenda. 5. EDC 2009-36 Community Development Department Plan Review Fees — proposed Amendment to City Code Changes have been recommended for the annexation and zoning fees. Up to this point, most of the zoning reviews were done by ICCI. The consultant fee charged has been $75 per hour. The Community Development staff will begin performing those services now, but there is no mechanism in place to collect fees. Travis said GIS services and land use comprehensive plan compliance review are new introductions he is proposing and is recommending a flat rate of $ 100. A recommendation is being made to delete some of the language in the zoning ordinance. At this time, there is a mechanism in place to charge for city staff time, specifically, the rate at which the employee is paid plus 50% overhead. Due to a wide range of pay among the staff, Travis recommends a flat rate of $35 to $65 per hour. The proposed draft of the amendment was reviewed by Attorney Orr and she has some concerns with terminology. Nothing in the State Statutes permits the Community Development staff to charge fees. Language does allow the City to charge for building review. Attorney Orr also reviewed the resolution and recommended that it become part of the City ordinance. Travis will revise the draft and staff report for the September Council meeting for the consent agenda. 6. EDC 2009-37 Wind Energy Ordinance — Proposed Amendment to City Code Including Provisions for Small Wind Energy Systems Alderwoman Sutcliff asked if the permit fees could be increased from the proposed $ 150. The committee members approved of the revised ordinance. This item will move to the next Council meeting for a "first reading" and public comment will also be allowed. Then it will be moved to the September 22"d meeting for a "second reading" and a vote. Old Business : 1. EDC 2009-07 "Shop Yorkville" Update The revised website was discussed and Ms. Spies commented that more businesses are expected to sign up for the website when decals and logos are available. The committee also discussed potential logos that were submitted as a result of the logo contest. The Page 3 of 3 committee chose a design they preferred and the final decision will be made at a Council meeting. It was also suggested that the decals should be 8- 1 /2 x 11 so they are visible from the street. Additional Business: Chairman Golinski asked about the status of the Integrated Transportation Plan. Travis reported that the final plan has been prepared and it will be presented at the next City Council meeting. The implementation process will be discussed at the next EDC meeting. Mayor Burd added that a goal session is needed, perhaps next month and the implementation process could be discussed at that time also. It was also noted that the Zoning Board of Appeals Committee had extended an invitation to the EDC committee to attend the next ZBA meeting. Alderwoman Spears requested YEDC minutes be brought back to be shared with the Aldermen. There was no further business and the meeting was adjourned at 7:59pm. Minutes respectfully submitted by Marlys Young `�tiD Clry Reviewed By: J� �a Le al City Council $ , s g EST lass Finance E] OA Engineer Agenda Item Tracking Number < �j City Administrator ❑ PC 2009-13 0;'(� Consultant ❑ City Council Agenda Item Summary Memo Title: RWJ Yorkville LLC -Final Subdivision Plat request City Council/COW/Committee Agenda Date: EDC/October 6, 2009 Synopsis: Petitioner is requesting to subdivide property into two parcels. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: `QED C/; ` a a Memorandum esr 1836 To: EDC ® From: Travis Miller, Community Development Director CC: Lisa Pickering, Deputy Clerk (for distribution) Date: October 2, 2009 Subject: RWJ Yorkville LLC - Final Subdivision Plat Background The petitioner is requesting to subdivide property into two lots which was consolidated into one lot in 2006 at the time BP/Amoco was redeveloping the site. The need for a setback variance was identified by staff when the redevelopment plan was submitted. BP/Amoco, which had acquired the adjacent property to the north, decided to consolidate the lots to avoid the need to request a variance. At that time, staff reviewed the existing and planned improvements on the property and determined that the restaurant site included enough parking to remain on the lot and permitted the location of the car wash structure. The City Council approved the side yard setback variance necessary for this Plat to be approved on September 8, 2009. The Plan Commission reviewed the Final Plat request and recommended approval at their September 9, 2009 meeting with a vote of 6 ayes; 0 no. The petitioner revised the plat to address staff comments presented to the Plan Commission. Staff Recommendations Staff has reviewed the proposed plat of resubdivision, dated 9/30/09 and received 10/1/09, and recommend approval subject to the following items being addressed: 1 . Revise the note for Lot 13 to state that it will be conveyed to IDOT. 2. Creation of Lot 13 will result in revised setback lines from Routes 34 and 47. I checked the existing site plan and found that the restaurant building would be approximately 59 feet from the future Route 47 right-of-way line and that the convenience store building would be approximately 67 feet from the future Route 34 right-of-way line. These dimensions comply with the 50-foot setback requirement for the B-3 zoning district. 3 . Easement language needs to be provided for the pedestrian easement and for the public utility and drainage easement. 4. The language immediately below the title should be revised by deleting the phrase "THE VILLAGE OF". 5 . The City Council Certificate should be revised by deleting the word "DEPUTY" for the Clerk's signature. MORTGAGEE'S CERTIFICATE RWJ YORKVILLE LLC SUBDIVISION SPATE OF INCVNQ OWNER'S CERTIFICATE mw OF MViIDN) tt BIND PRE5000M5ION OROT5 IAND2 OFWUNTRYSIDECEWER, UNIT NO.51NTHE UNREDCRYOe WATEM IWN06 ) q, THE VILLAGE OF YORKVRLE, KENDALL COUNTY, ILLINOIS RECORDED MAY Sms 19M w WCUMENl #88202 1. no uMenb::ea. 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Easement /a mete umitee. and the aOwMa Matng thereto, as wmell an the Bovi Doi plat of CwntrwWs Center Unit 5 efm«dd (AN«U Me Wsd and S Ar 10 test of bU 1 and 2) 10. Easement M ngt gran and publk ultllles as Moss an me plot of 1f.nQisa�Ids weemmal for Ild MneM of Ma droll My wbcent owns a)to the Feld Work Com Ieted, O9 3D 2009 EGM. over Me Nwihwy 102 1«t of lot 1 /a Me Wmwe d 04o 9 Me mmmg BEER NUENdar 0 - eel WNdnp wttw mml in Mom on the pa of Cmntrpbe Center Unit 5 ofd«ale Location: 1402-1502 N. Bridge Street Yorkville, IL P U CI7`/^ United City of Yorkville MOVED a� . �,�" °" 800 Game Farm Road Jul 2 ` a' W E z 1536 Yorkville, Illinois 60560 COMMUNITY DEVELOPMENT Telephone: 630-553-4350 DEPARTMENT Fax: 630-553-7575 PC # � U t y APPLICATION PETITION Please Check One: ,/ Preliminary Plan Final Plat Development Name: P1 "1 Je a C Date of Submission: 1 . Name of Petitioner(s): kWS 0 Address: d3 Phone Number: Jp.?)0 ' 559 ) —b U 3X- Fax Number: Email Address: B64 to izT Gtc) rvi-,o " /es 1 2 .0 hv 2. a). Tkut' llt-t address and physical location of subject property: ' a �, Y 1 G15 P S� ,TZ (P OS(, () b). Legal description of property; attach as Exhibit "A". c). Total Acreage: c2 agg CI fAzo.)__ 3. Contact Information: Name, address, phone number, fax number, and email address of �erson to whom inyumes regarding this petition may be directed: eh rcttl �� lol � done_:tWD sujk.�aai -. 0gK �B o k ZL tooS/-t (3 �lo Ira LWa gQ A6 4, C(l &L Attorney: Name: X24 f u --t \ Tr) 7 Ml.! Ab l7rains CAA061#96 LL E Address: AIM0u1-L +✓� SuY � 0 �o0(a0� Phone Number: Fax Number: -Z7 -j d. Email Address: C{tArlrt7 flli!? (� 5130 1U �i / �p� United City of Yorkville PreNminary/Final Plat Application Revised:_ 1.29.09 i 27 Continued — 3. Contact Information Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: 4. 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 40 copies. It. Appropriate filing fee (Please refer to Page 3 of this application "Petitioner Route, Step 1 , Fees" and/or contact the Community Development Department for verification of this amount). c. To begin the review process, the initial submittal must consist of. 1 . 12 sets of Preliminary Plans /Final plats folded to fit in a 10" x 13" envelope 2. 7 sets of Landscape Plans folded to fit in a 10" x 13" envelope 3. 7 sets of Preliminary /Final Engineering folded to fit in a 10" x 13" enveloped. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits), preliminary plan or final plat, landscape plans, engineering plans. Within one week of receipt of submittal, the Engineering Department will determine if it is complete or if additional information is needed. Once the submittal is complete, the plan council meeting date will be scheduled for the next meeting that is 6 weeks from this date. One week prior to your scheduled Plan Council meeting, you will be required to submit 15 full size preliminary/final site plans for the packets distributed to the members. United City of orkvilla P'aliminerylFinel Plat Application Revised:_ 1.29.09 i I 28 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. Date: I " Rq -o Petitioner(s) Signature: (All legal property owners signatures or their authorized agents (Le. Planner, Petitioner's Attorney, Engineer) must appear on this application.) Subscribed and sworn to before me this CA -t day of 200_j—. Notary Seal THISAPPLICATIONMUST BE NOTARIZED. QFPCKSM M MMWi .STATE 2 United City of Yorkville Preliminwy/Finad Plat Application Revisal:_ 1.29.09 I � 40 D D '4 e a� 59.94' D ais.vs'' wash / / Cad � A 'r. 1 0 e e A .63 85.87' pop .11 f /� 85. 7E lij A 1 pp,I G 1 7i aff 1 ® p O � O 1 O { { o { �1�'_,_ O US Rt. #34 Premier Land Surveying L,L.C. L°eotio^° J°b 2008_0007 Sheet 3 o7 3 191 SchillerP t,. g 1402—e. IL N. Bridge Slre° R¢v. t R �� Yorkville, IL riollan (OW) , IL80143 Client:RWJ COMPANIES INC. 1838)873-1417 1010 JORIE BLVD. S'fE 322 OAK BROOK, IL 60523-446 Field Work Completed: 6 I6 2008 Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A FINAL PLAT OF SUBDIVISION FOR RWJ YORKVILLE LLC SUBDIVISION 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, RWJ Yorkville LLC, the owner of approximately 2.5578 acres legally described in Exhibit A . attached and made a part of (the "Subject Property"), has submitted an application and petition for a preliminary plan and final plat of subdivision requesting that the Subject Property be divided into two (2) lots; and, WHEREAS, the Plan Commission reviewed the final plat of subdivision request and recommended approval on September 9, 2009, and City staff also recommends that the final plat of subdivision of the Subject Property is approved; and, WHEREAS, the Mayor and City Council deem the approval of the final plat of subdivision to be in best interest of the City, in order to promote the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section I. The above recitals are incorporated and made a part of this Ordinance. Section 2. The Corporate Authorities hereby approve the final plat of subdivision, attached and made a part of as Exhibit B, submitted by RWJ Yorkville LLC, the owner of approximately 2.5578 acres. Section 3. 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 day of A.D. 2009. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2009. MAYOR Exhibit A Legal Description of Subject Property Lot 1 and 2 in Countryside Center, Unit No. 5, in the United City of Yorkville, Kendall County, Illinois 2 Exhibit B Final Plat of Subdivision (see attached) 3 BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning August 2009 Corrected . .......... ...... . ....... . . ..... ... Types of Permits ............... ............ ............. . . . . . . . . 2-Family Commercial .............. Number of Permits Issued SFD (ftm.i"2005, Multiple-Family 1, Industrial Miscellaneous* Total Construction Cost I.................. ...... 2 P-e,kl—I S1,,,,1,—) BWO fs) ........... August 2009 56 4 0 0 2 0 50 $1,818,577.00 Calendar Year 2009 424 44 0 0 12 0 368 $20,437,267.00 Fiscal Year 2009 266 34 0 0 3 0 229 $13,598,457.00 August 2008 1 53 6 0 0 1 0 46 $1,519,150.00 Calendar Year 2009 li 641 102 6 0 27 0 506 $60,394,769.00 Fiscal Year 2008 357 57 4 0 10 0 286 $43,760,852.00 August 2007 118 27 2 1 4 0 84 S14,489,670.00 Calendar Year 2007 909 1 288 8 2 34 0 577 $111,664,925.00 Fiscal Year 2007 545 142 4 2 17 0 380 $56,109,130.00 August 2006 153 77 6 0 3 0 67 $16,889,531.00 Calendar Year 2006 1142 554 40 5 30 0 513 1 $121,766,519.00 Fiscal Year 2006 602 233 20 2 16 0 331 $60,696,486.00 August 2005 1 101 30 0 0 5 0 66 $7,869,510.00 Calendar Year 2005 1 863 1 308 5 0 34 0 511 $75,703,625.00 --- —t -- ——--- . — L Fiscal Year 2005 546 182 0 0 18 0 346 $42,029,169.00 i PermitNiimhar Y-05-0012 wra voided,thiaonly 863 qf864 resigned permit numbers were actually need Wz.. Report prepared by: Barbara J.Dentner,MCP,Department of Building Safety and Zoning 00 �B it- 0? ,��D CtTY Memorandum To: EDC/City Council Esr. 1 _ _ 1836 From: Travis Miller, Community Development Director � CC: Brendan McLaughlin, City Administrator I ' Gl� p Lisa Pickering, Deputy Clerk ;�`,C� Date: September 10, 2009 CE Subject: Plan Commission Actions September 9,2009 1. July 8, 2009 meeting minutes approved 2. August 12,2009 meeting minutes approved 3. PC 2009-14 SAC Wireless LLC d/b/a Verizon Wireless request for a Special Use to construct a new telecommunications tower. Motion to continue the public hearing to October 14, 2009 based on the petitioner's request. 6 ayes; 0 no 4. PC 2009-15 JR Yorkville, LLC request to rezone approximately 3 acres from R-3 to B- 3 located near the northeast corner of IL 47 and Galena Road. Motion to recommend approval of the rezoning subject to addressing staff comments. 6 ayes; 0 no 5. PC 2009-11 Midco Northgate Yorkville LLC request for Preliminary Plan and Final Subdivision Plat approval for the Northgate Subdivision, approximately 28.13 acres, located at the northeast corner of IL 47 and Galena Road. Motion to recommend approval of the Preliminary Plan subject to addressing staff comments. 6 ayes; 0 no Motion to recommend approval of the Final Subdivision Plat subject to addressing staff comments. 6 ayes; 0 no 1 6. PC 2009-13 RWJ Yorkville LLC request for Final Subdivision Plat approval for approximately 2.55 acres located at the northeast corner of US 34 and IL 47. Motion to recommend approval of the Final Subdivision Plat subject to addressing staff comments. 6 ayes; 0 no 2 `,��eD C/p` Reviewed By: Agenda Item Number Jr p �� OA Legal ■ I ' EST., —� 1836 Finance ❑ — Engineer ■ Tracking Number City Administrator ❑ Consultant ❑ P0,2009-10 <kE ��?' ❑ Agenda Item Summary Memo Title: Kendallwood Estates—Rezoning(R-2 to PUD), Preliminary PUD, PUD Agreement Meeting and Date: EDC /October 6, 2009 Synopsis: Request for PUD zoning, Preliminary PUD plan approval and PUD Agreement approval Council Action Previously Taken: Date of Action: 12/2007 Action Taken: Final Plat Approval Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report and attachments D Ali Memorandum �2 O To: EDC In From: Travis Miller EST. - , 1836 CC: Lisa Pickering (for distribution) Date: September 30, 2009 Subject: PC 2009-10 Kendall Land Development, LLC (PUD Zoning, Preliminary PUD ' dAC°iTy �? Approval and PUD Agreement) <tE Background The subject property annexed into the City in 1978 and is currently zoned R-2. A Final Subdivision Plat was approved by the City Council and recorded in December 2007. The streets, stormwater management basins, water mains and other utilities have been constructed in this development. The petitioner is requested to rezone from R-2 to PUD to allow for a mix of residential product including single family detached and duplex units. The petitioner is requesting Preliminary PUD Plan and Plat approval as well. The Plan Commission conducted a public hearing regarding the rezoning request on July 8, 2009 and did not recommend approval with a vote of 0—5. (meeting minutes Attachment 1). Issues cited by the Plan Commission include density, current stormwater and erosion control concerns on the property and concern with the timing of the second connection into the subdivision. The stormwater and erosion concerns were addressed by the design engineer at the meeting. The connectivity timing issue is addressed by the current Development Agreement approved in 2006 (Attachment 2). The Park Board reviewed the plan July 9, 2009 and recommended approval of the plan but did not advise on the timing of the land-cash collection. The Land-Cash ordinance requires payment at time of final plat approval, the petitioner is requested payment to be made per residential unit at time of occupancy permit. (meeting minutes Attachment 3) The Green Committee reviewed the `green' standards proposed by the petitioner September 28, 2009 and recommended to endorse the standards provided that a list of specific standards to be required of homes in the subdivision is included in the Development/PUD Agreement. Comprehensive Plan Recommendation for Property The 2008 Comprehensive Plan recommends Suburban Neighborhood and Parks/Open Space land uses for the subject parcel. The Comprehensive Plan defines Suburban Neighborhood as, "...intended to be a residential area primarily comprised of single family detached residences. The Suburban Neighborhood land use seeks to preserve existing developed areas at this density and to create new lower-density environments characterized by intimate neighborhoods and residences of distinctive design...Gross density in this classification should be between 1.5 and 2.25 dwelling units per acre. " 1 The Comprehensive Plan defines Park/Open Space as, "...intended to preserve existing public open spaces..., while identifying environmentally sensitive areas to establish appropriate locations for new designated open spaces. " The Comprehensive Plan recommends a density range of 1.5-2.25 units per acre. For developments requesting density above 2.0 units per acre, the plan recommends requiring compliance with the City's Design Guidelines. In addition to showing compliance with the Design Guidelines, the developer must also demonstrate their ability to add specific improvements such as: 1. Assist with funding offsite City infrastructure improvements (water, wastewater, transportation) 2. Integration of architectural standards (i.e. masonry, side entry garages, anti- monotony setbacks and elevations) 3. Landscaping (i.e. increased landscape buffers,planting) 4. Increased allocation of openspace beyond City requirement. Note: based on the proposed residential units, the park land-cash ordinance requirement is 3.48 acres. Staff Comments/Recommendations: PUD/Preliminary Plan: • The subdivision consists of 51.49 acres and is currently platted with 83 single family lots. The gross density as approved is currently 1.61 units per acre. • Gross density of the proposed PUD (including 121 units) is 2.35 dwelling units per acre, just above the 2.25 suggested density for the Suburban Neighborhood classification. Based on the acreage of this development, the density exceeds the Comprehensive Plan recommendation by approximately 5 units. Staff recommends the plan be reduced by 5 units. • Staff suggests R-2, for single family detached, and R-3, for single family attached, to be used as guideline for the subject property in regards to the PUD zoning requirements. See R-2 and R-3 Zoning Requirements listed below. • R-2 One Family Residence District • Lot Size— 12,000 sq. ft minimum • Width at Building Line—80 ft • Density—3.3 dwelling units per acre • Front Yard—30 ft • Side Yard- 10 ft or 10% or when adjoins street 30 ft. • Rear Yard—40 ft. • Lot Coverage—30% • R-3 General Residence District • Lot Size—9,000 sq. ft minimum • Width at Building Line—90 ft for attached units • Density—5 dwelling units per acre • Front Yard—30 ft • Side Yard- 10 ft or when adjoins street 20 ft. • Rear Yard—30 ft. • Lot Coverage—30% The proposed PUD does comply with the R-2 and R-3 zoning requirements. 2 • Conservation Area: The land upon which this development sits is unique to the City of Yorkville given the existing tree canopy. Staff suggests that these preserved woodlands be held in common ownership and conveyed to the HOA. Staff suggests that lots be reconfigured to reduce square footage and increase the amount of common open space in order better preserve the tree canopy. Specifically those lots which are between lot 57 to lot 59 (lots 11-16 and 27-30) shall reduce their lot square footage to provide a connected greenway between lots 57 and 59. • Storm water basin in separate lot: Lots 17, 18, 25-28 include an existing detention basin and should be reduced in size and the basin should be included within a separate lot to be maintained by the future HOA similar to lots 52, 53, and 58. PUD Agreement: Section 6 and Exhibit C: Architectural Guidelines: The improvements to the subject property should include the `green' standards presented by the petitioner to the Green Committee as well as follow the United City of Yorkville Design Guidelines, specifically Principles 4—9. In addition to what is being proposed by the petitioner in the section and exhibit listed above, staff recommends: • All lots be seeded(as opposed to using sod); • Building elevations that are repeated in the subdivision shall have a minimum of a 2 lot separation; • Garages shall not dominate. A plan limiting the amount of garages facing the street should be included as an exhibit in the PUD Agreement. ComEd Trail: A trail is proposed along the west side of the property within the Com Ed easement. Staff recommends that the petitioner construct the trail along the frontage of the subject property. As stated above, when requesting a PUD the developer must demonstrate their ability to add specific improvements such as assisting with funding offsite City infrastructure improvements (water, wastewater,transportation) and increasing the allocation of openspace beyond City requirement of 3.48 acres. Staff recommends a provision be added to the PUD Agreement for the Owner/Developer to contribute $162,430 to the City for the construction of the City trail segment adjacent to the subdivision as well as the construction of the 360' city trail segment necessary along Van Emmon Street to connect the subdivision to the ComEd trail. Attached are the construction cost estimates for both segments. See Attachment 4. Land Cash Payment Timing: As stated above,the petitioner is proposing to pay the Land Cash for Park and School land at the time of Occupancy Permit per individual unit. The Land-Cash Ordinance requires payment at time of Final Subdivision Plat. When the timing has been approved for delay, the City has typically required this per unit amount due at time of Building Permit in annexation agreements and staff supports this term. A consent letter from the School District should be obtained and attached as an exhibit to the PUD agreement in the event the Land Cash payment timing requirement is modified by the agreement. 3 General Agreement Comments: 1. Revise Section 3 to state that the development is situated south of Van Emmon, not on Van Emmon. 2. Section 5 states that the PUD agreement the city approves the preliminary plan prepared by SEC Group dated 6/26/09. That preliminary plan shows part of the Rt.126 watermain but not all of it. That preliminary plan does not call for the Rt. 126 roadway connection or for related improvements to Route 126. Those improvements should be referenced in the PUD agreement. 3. In Section 14, delete the last sentence of Paragraph 1. We should not be obligated to revise a city-wide ordinance to accommodate a single development. 4. Section 18 states that the PUD agreement states that this agreement is the entire agreement, and supersedes all prior agreements. There are three prior agreements regarding the Van Emmon watermain and a roadway connection to Route 126. The terms of those prior agreements should not be changed and that those agreements be referenced in the PUD agreement. 5. The PUD agreement should state that all multi-family units shall have fire sprinklers. 6. Provide language stating that the developer shall incorporate specific language in the HOA bylaws regarding perpetual maintenance and care of stormwater best management practices. 7. Provide language stating that the developer agrees to construct additional storm sewer as required by the city to convey onsite and offsite flows. The particular areas of concern are the first 500 feet of Benjamin Street south of Van Emmon and near current Lot 57. Rezoning Request/Criteria for Consideration: In considering rezoning requests, the Zoning Ordinance requires the Plan Commission to make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of 4 additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-1976) Additional factors to be considered for an amendment to a zoning ordinance as determined by the `LaSalle' case should also be considered. These factors are as follows: 1) the existing uses and zoning of nearby property; 2) the extent to which property values are diminished by the particular zoning restrictions; 3) the extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public; 4) the relative gain to the public as compared to the hardship imposed upon the individual property owner; 5) the suitability of the subject property for the zoned purposes; 6) the length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property; 7) the community need for the proposed use; and, 8) the care with which the community has undertaken to plan its land use development. 5 ATTACHMENT 1 Kendallwood Estates - Plan Commission Minutes APPROVED 9/9/09 Pagel of 3 UNITED CITY OF YORKVILLE PLAN COMMISSION Yorkville Public Library, Historic Meeting Room Wednesday, July S, 2009 7: 00pm Chairman Anne Lucietto called the meeting to order at 7:05pm. Roll Call: Clarence Holdiman Jeff Baker Tom Lindblom Sandy Adams (at f. 720pm) Chairman Anne Lucietto Absent: Jack Jones, Brian Schillinger, Michael Crouch, Charles Kraupner It was noted that there initially was no quorum and the meeting was paused until a quorum was established at 7:20pm. The meeting was resumed at this time. Other City Staff: Travis Miller, Community Development Director Stephanie Boettcher, Senior Planner Guests: Matt Schury, Kendall Counoj Record Chris Vitosh, Depo Court Reporter Richard Heath Scott Johnson, CAPS Mike Engelhardt Pat Engelhardt Ruben Rodriguez Gene Lamb Helen Lamb Tom Godleur (sp?), EJ Plumbing Jim Green, Renewable Resource John Philipchuck, Attorney DBC&W John Tomasik, Kendall Land Dev. George Boltor, Kendall Land Dev. Doug Clayton Shirley Clayton Tom Plank Lori Stale Pete Huinker, SEC Group Charles MacKinnon, McKinnon Farm Mariann Manthei, YGC Minutes: June 10, 2009 Mr. Lindblom and Mr. Baker moved and seconded respectively, to approve the minutes as presented. The motion carried on a voice vote. Chairman Lucietto swore in those who would speak at the Public Hearing. ATTACHMENT 1 Kendallwood Estates - Plan Commission Minutes Page 2 of 3 Public Hearings: 1 . PC 2009-10 Kendall Land Development filed an application with the City requesting rezoning from the United City of Yorkville R-2 One Family District to a Planned Unit Development. The property consists of approximately 51 acres and is located east of Route 47, between Van Emotion and Route 126, Yorkville. A motion was made by Baker and seconded by Lindblom, to open the Public Hearing. It opened at 7:20pm. (See Court Reporter's Transcript of Hearing) During the Hearing a written statement from Gregory and Susan Lambke of 339 E. Van Emmon St. was read by Chairman Lucietto. This written statement shall be attached to the official minutes. Attorney John Philipchuck represented the petitioner. Briefly, he said that in 2007 the final plats for the subdivision came before the City and the plat was recorded at the end of the year. At that time, the subdivision was an annexed parcel of land not subject to an annexation agreement and was zoned R2 single family residential. At 8 :35pm, the Hearing was closed on a motion by Lindblom and a second by Adams. Discussion by Plan Commission Members Following Hearing• Mr. Lindblom stated several concerns that he saw following a visit to the site. I . Erosion is so severe that the curbs are being lost, he wondered why that had not been addressed. 2. Where will the stormwater go? 3 . All vegetation was removed in order to put in utilities—more value would be realized from wooded lots. 4. FIe asked that the City not issue a building permit until a connection is made to Route 126, even though there is a legal document. He said in the past, developers have promised that some items will be "done later" and they are not done There must be another entrance in case of emergency. 5 . Concern about exceeding the density and that the guidelines in place should be followed. Peter Huinker of the SEC Group responded to the stormwater concern. He said until all vegetation is established, erosion control features would be installed to prevent silt from entering the stormwater system. Filter fabric, straw bales and wire would be used since there are very steep slopes. Mr. Lindblom responded that the hill south of Van Emmon has not been maintained. According to Travis Miller, a schedule of maintenance was discussed at Public Works two weeks ago and was deemed appropriate. ATTACHMENT 1 Kendallwood Estates - Plan Commission Minutes Page 3 of 3 The second subdivision entrance was addressed by Attorney Philipchuck who said that the connection would be in place prior to the issuance of the first occupancy permit. Chairman Lucietto thought that she remembered a small access to Rt. 126 being provided in 2007. Mr. Philipchuck said at that time, the development had not come before the City. Later it was recognized that a secondary connection was needed and a right-of-way and easement were obtained . Commission Holdiman commented that the number of houses should be kept to a reasonable level. Ms. Adams said she agreed with Mr. Lindblom' s concerns and said the Comp Plan should be followed . Though the Comp Plan recommends 2 .25 units, Mr. Philipchuck said their zoning allows 3 .3 units. He said the townhomes are clustered to allow for a "greenway" while also working with the infrastructure in place. There was no further discussion and Chairman Lucietto summarized the petitioner' s request as a change of zoning from R2 to a PUD. Action Item i. Rezoning Mr. Lindblom then made a motion to recommend to the City Council to approve PC 2009- 10. Ms. Adams seconded the motion. Roll call vote : Adams-no; Baker-no, Lindblom-no, Holdiman-no, Lucietto-no. Motion failed 0-5 . Additional Business: Chairman Lucietto handed out a Kendall County Planning Consortium agenda and encouraged attendance. There was no further business and the meeting was adjourned on a motion by Baker and Lindblom at 8 :47pm. Minutes respectfully submitted by Marlys Young ATTACHMEle Kendallwootl Est es - ,/ Plan mmission Minutes /�� r� G . S a octi� Al 7�d ATTACHMENT KendolwBod antes -Plan Commisslon Minutes Page 1 ATTACHMENT KendalKaood Estates -Plan Commission Minutes Page 2 PLAN COMMISSION MEETING 1 P R E S E N T : UNITED CITY OF YORKVILLE, ILLINOIS 2 MS . ANNE LUCIETTO , Chairman, 3 MR . TOM LINDBLOM, 4 MR . CLARENCE HOLDIMAN, 5 MS . ANNE LUCIETTO , 6 MR . JEFF BAKER . 7 ALSO PRESENT : REPORT OF PROCEEDINGS had at the meeting 8 Mr . Travis Miller , of the above-entitled matter taken before 9 Ms . Marlys Young . CHRISTINE M . VITOSH, C . S . R . , on July 8 , 2009 , at 10 the hour of 7 : 00 p .m. , at 902 Came Farm Road in Ii - - - - - the City of Yorkville , Illinois . 12 13 14 15 16 17 18 19 20 21 22 23 D- 883509 24 ATTACHMENT Kenaa @rood Estates-Plan Commission Minutes Page 3 ATTACHMENT Kenaalwooa Estates - Flan commeslon MlnNes Page 4 1 (Witnesses sworn . ) 1 of the existing utilities and conditions of the 2 CHAIRMAN LUCIETTO : And now I look for a 2 subdivision is Pete Huinker , and I ' ll introduce 3 motion to open PC 2009- 10 , 3 Pete at this time to give you some background as 4 MR. BAKER : So moved, Baker . 4 to what has been constructed out there in the 5 CHAIRMAN LUCIETTO : Do we have a second? 5 field . 6 MR . HOLDIMAN: Second . 6 MR . HUINKER : Thank you, John. Again, 7 CHAIRMAN LUCIETTO : We are now in PC 7 my name is Pete Huinker from SEC Group . 8 2009- 10 . John? 8 As John stated, this subdivision was 9 MR . PHILIPCHUCK : Good evening . My name 9 recorded - - this plat was recorded back in 2007 in 10 is John Philipchuck . My Office is at 123 Water 10 December . I wanted to talk a little bit about li Street , Naperville , Illinois . I am an attorney ii what has been constructed . The original 12 with the law firm of Dommermuth, Brestal , Cobine & 12 subdivision had 83 lots , all single- family- 13 west . 13 Since the plat has been recorded, 14 Irm here this evening representing 14 all of the roadways have been constructed ; to the 15 the Kendall Development , LLC regarding the 15 north is van Emmon and to the south this is 16 Kendallwood Estates subdivision . The Plan 16 Route 126 . The route basically has a main 17 Commission may recall back in 2007 that a final 17 north/south roadway with some cul-de- sacs and stub 18 plat for this subdivision came through the City 18 streets that are provided to the east and to the 19 and the plat was recorded at the end of that year. 19 west . 20 At the time that particular 20 Essentially with the roadway 21 subdivision is -- or was an annexed parcel of land 21 construction there was some mass grading that had 22 not subject to an annexation agreement , was zoned 22 occurred, so basically table-topped the lots , 23 R-2 single- family residential . 23 public utilities have been completed, sanitary, 24 With me this evening to explain some 24 storm sewer , as well as water main . ATTACHMENT1 KendalWood Estates -Plan Commission Minutes Page 5 ATTACHMENT Kendallwootl Estates -Plan Commission Minutes Page 6 1 There was seeding and grading of the 1 proposed, as Pete pointed out , was 83 lots , 2 detention basins . There is four detention basins 2 detached single-family product - Now that , as you 3 that have been constructed, two in the northern 3 know , under an R-2 zoning classification, you are 4 area , the northeast corner, called the north 4 allowed to develop properties up to 3 . 3 dwelling 5 central west basin, the central west basin, and 5 units per acre . 6 the southwest basin . 6 The Staff did a nice job in their 7 From a roadway construction 7 report about talking about the Comprehensive Plan 8 standpoint , basically the binder course has been 8 and how it relates to the area because the 9 constructed and not the surface course , so the 9 petition that is before you this evening is 10 finish surface has not been completed . obviously 10 considering taking some of the lots at the south 11 there has not been any sidewalk, which goes 11 end of the subdivision and doing a rezoning from 12 in-hand with any of the lot construction, so those 12 the R-2 to PUD and then putting some attached 13 are a couple items that have not been completed on 13 housing units on the property, and the reasons 14 the existing subdivision . 14 that we see this as being a required and a 15 There is a current letter of credit 15 necessity, it (a) , opens up the marketplace , it 16 out in place for the subdivision for those public 16 allows us to offer another type of housing product 17 improvements . We also have a stub road to the 17 within the subdivision, basically to the 18 south and west which would connect to the 16 empty-nester , and it also allows a transition . 19 Woodstone subdivision and would connect to 19 This property, the Woodstone , that 20 Route 126 as well , and I believe that was annexed 20 was mentioned, came in and that is zoned B- 2 21 and zoned last year . 21 commercial , so there are office uses , B-1 22 MR . MILLER : 707 I believe . 22 Commercial , B-2 commercial uses , that can be put 23 MR . HUINKER : 107 . 23 on that property. 24 MR. PHILIPCHUCK: The subdivision as we 24 We see a transition with that land ATTACHMENT Kendallwood Estates- Plan Commission Minutes Page 7 ATTACHMENT Kendallwood Estates -Plan Commission Minutes g Mines Pd e 8 1 use that we are proposing then from the more 1 zoning allow. 2 intense development that Wocdstone will be because 2 The existing zoning allows for more 3 when we came in and did the original subdivision, 3 units than we have on the property, and bottom 4 this was shown as residential in the Comp Plan, 4 line is with our proposal , we are still under the 5 but obviously the City Council chose to put a 5 total number of units that could be put on the 6 different zoning classification on it , so as a 6 property based on the existing 3 . 3 -DU per acre 7 result , it allows us to look at this and say, 7 density that ' s set forth in the zoning ordinance , 8 well , this was designed, and still is , as a 9 so while that can be somewhat confusing, I wanted 9 high-end subdivision . 9 to go through that with you, and if you still have 10 We ' ll go through some of the 10 questions about that , we can talk about it . 11 covenants and things that been placed on this it The next thing that the Staff talked 12 particular development and you will agree that it 12 about as far as the proposal is looking at the 13 is designed with that in mind, and we felt that 13 standards that are in the R-2 and the standards 14 that would pose some problem developing the 14 that are in the R- 3 , and if we utilize those is southern end with the commercial influence of that 15 standards in looking at the two types of product 16 particular piece of property . It ' s a little over 16 that we are offering, they said that they - - the 17 12 acres there that was brought in and annexed for 17 project as proposed does comply with the R-2 18 commercial purposes . 18 standards for the remaining detached single-family 19 So our current density in the 83 19 product and the R-3 standards for the attached 20 lots is like 1 . 61 . The Comp Plan says 2 . 25 , but 20 single- family product . 21 remember, it ' s zoned R-2 , which allows 3 . 3 , so it 21 The Staff looked at the open space 22 can get confusing when you try to look at the - - 22 and said, you know, as part of a PUD you have to, 23 what does the Comp Plan say, but I would say 23 you know, have certain criteria that we look for, 24 what ' s more pertinent is what does the existing 24 and we feel that we have certainly designed our ATTACHMENT KendallwooE Estates - Plan Commission Minutes Page 9 ATACHMENT1 Kendallwoorl Es tales - Plan Commission Minutes page 10 1 subdivision such that we can comply with the types 1 proposed and in existence today would be less 2 of criteria, like the architectural standard - - 2 under the PUD proposal . 3 there is several things , the existing site 3 When you go to the attached product 4 conditions , architectural interests , pedestrian 4 and you utilize the land cash donation sheets that 5 sidewalks , looking at the vehicular pedestrian 5 the City of Yorkville has adopted, you will find 6 circulation systems , parking lots , utilities , 6 that we are 15 students less under this proposal 7 detention, and the unified landscape treatment , 7 under those population generation tables than we 8 and that goes to some of what is here as far as 8 would be if it was all a detached single-family 9 open space , that ' s always something that comes 9 product and, of course , by having the additional 10 out , and we would like to point out that when this 10 units , we are in a position then where we can 11 subdivision was developed, that because of another 11 provide more money to the school district through 12 park in the area , we were going to do cash 12 the property taxes as well as to the City of 13 donation in lieu of doing the actual putting in of 13 Yorkville because of having the tax bills on those 14 a public type of park in the subdivision, so as a 14 individual additional units that are in the 15 result the park district under the new proposal 15 proposed subdivision , so we think that the change 16 would receive additional moneys for parks and 16 does have benefits to the school district , it has 17 improvements within the particular area . 17 benefits to the park department , and benefits to 18 It would be an increase of $37 , 000 18 the City. 19 over what they would be getting under the 19 There is no question that the trades 20 subdivision as it ' s proposed - - or as it exists 20 have been decimated and we are hoping that by 21 today, and we are like in the $350 , 000 range for 21 making some land use change here we can get some 22 the overall donation . 22 more people back to work again and create some 23 The number of school children that 23 demand in this particular area . 24 would be generated from the development as it ' s 24 This is a very nice piece of ATTACHMENT KenEallwootl Estates - Plan Commission Minutes g Page 11 ATTACHMENT '1 HentlaRaootl Estates-Plan Commission Minutes Page 12 1 property, and in keeping with the character of the 1 easement with the land trust organization . 2 area that ' s been established, a large amount of 2 First of all , we think they are 3 open space was created with the original design 3 probably too small to do that , but , second of all , 4 and our proposal is to basically erase the lot 4 if the interest is to protect those areas in 5 lines at the southern end of the development and 5 perpetuity, we would suggest there is a better way 6 then place the attached units in such a manner so 6 to do it . 7 that everything around it is common open area, 7 It could still remain in private 8 they basically own the unit that they are buying , e ownership and control , but that as part of the 9 and they all then share in all this open space . 9 PUD , those could be designated as open space areas to we have quite a bit of open space la and so they would remain as open space areas , 11 above and beyond the detention requirements ; 1 11 conservation areas if you will in perpetuity, so 12 think we are at 4 . 4 or 4 . 1 acres of open space 12 that ' s a way you can protect that without bringing 13 over and above the detention requirements , and I 13 in an outside party. 14 think with detention we are in the 12 -acre - - 12 14 If there are single- family lots , I 15 percent area , was it , Peter? 15 know Staff looked at something about connectivity 16 MR . HUINKHR : Yeah , 13 percent 16 behind the lots here behind some open space ; we t 17 detention, about nine percent open space . 17 would submit again that we would prefer to do that 18 MR. PHILIPCHUCK : So those are the is with an easement , and then, put language in the 19 criteria that the Staff looks at as far as a BUD , 19 easement that says that area remains natural and 20 the fact that there is enough open space as part 20 is protected, so those are our suggestions with 21 of that PLO, and we have that . 21 regard to that . 22 One of the thoughts that the Staff 22 As far as combining some of the 23 had was about taking some of those open areas and 23 stormwater area, Pete has looked at that . Some of 24 putting them into some kind of conservation 24 that is just a matter of function of how the ATTACHMENT Kendallwood Estates - Plan Commission Mnutes Page 13 ATTACHMENT Kendallwood Estates- Plan Commission Minutes Page 14 1 lotting was already in place . We ' re trying to , 1 furnaces , water heaters , computerized home green 2 again, keep detention areas in common areas , again 2 programming devices , high efficiency lighting , 3 subject to homeowner association requirements for 3 ceiling fans , different types of approved glass 4 the maintenance and, of course , there would be 4 for the windows and doors , certain types of 5 back-up dormant SSA which covers the unlikely 5 thermal insulation on the exterior walls , 6 situation , but if it ever happened, that they were 6 environmentally safe roofing products , cedar or 7 unable to continue on with maintenance . 7 Hardie board siding, there is no vinyl or aluminum 8 The design guideline that the Staff e allowed in the subdivision, a minimal use of the 9 pointed out , we feel that our existing site 9 Dryvit exterior, but there are some people who do 10 conditions -- certainly with the open space that 10 like the look o£ the Dryvit , the installation 11 we talked about - - satisfies those conditions , and 11 practices are getting better , so we would allow 12 really the bottom line is pretty much is what it 12 it , but not necessarily encourage it , and 13 is , as Pete said, the infrastructure is all in 13 suggesting garden pond and plumbing fixtures with 14 place , the only thing that remains is the overlay 14 water efficiency systems _ 15 for the final on the streets , and then as the 15 Tom Godlewski is with us this 16 individual home are built , sidewalks would be 16 evening and Tom will explain a little bit about 17 constructed. 17 what goes into the plumbing systems as far as is The architectural amenities - - and is water conservation measures and things of that 19 later I ' ll introduce to you Tim Green, who is an 19 nature . 20 architect and gets into the geothermal design of 20 We have in our covenants, and what 21 homes - - we ' re anticipating and trying to promote 21 would be proposed for the attached product as well 22 this as a green development , and so as part of 22 as the existing detached , is that the minimum of 23 that , we are proposing that these homes would have 23 50 percent of all front facades would be masonry, 24 such things as high efficiency applicances , 24 stone cultured stone , cedar Hardie plank, EFIS , so ATTACHMENT Kendallwood Estates - Plan Commission Minutes page 15 AI ACHMENi1 Kendallwood Estates - Plan Commssion MlnNes page 16 1 what we are looking at is 50 percent of that would 1 is a high-end subdivision for both of the 2 have to be the masonry on the fronts , and then 2 products , the attached product and the detached 3 those other products , but no aluminum or vinyl . 3 product . 4 Same for the chimneys , masonry, cultured store or 4 Some of the other design guidelines , 5 EFIS . 5 such as the pedestrian system, one of the things 6 we have a minimum requirement of the 6 that we are proposing to add is an additional 7 30 -year architectural shingles for the roofs . No 7 pathway that would come off our internal sidewalk 8 three-tab shingles will be permitted . We have no 8 system that would continue down so that the 9 vinyl doors , no vinyl windows . Not allow 9 subdivision will be connected to the future 10 accessory buildings . There are restrictions on 10 commonwealth Edison regional bike trail , so that ' s 11 fences . The only fences that can be put in would 11 one thing that would be added so we get some 12 be as required to go around a swimming pool as 12 connectivity. 13 required by City rules and regulations . Satellite 13 There is no commercial component , so 14 dishes are going to be regulated as to size and 14 there is really no parking lots or anything here 15 where they can be located . 15 that need to be considered, so some of the items 16 We have minimum house sizes 16 that are in those design guidelines are really not 17 established . our single-family detached product 17 applicable because this is a totally residential is on a two-story unit minimum is 2800 square feet ; 18 development , and then as far as landscape 19 on a one-story unit , that ' s 2200 ; in our attached 19 treatment , we are taking into consideration Staff 20 product , depending on whether it was a two-bedroom 20 comments about looking to trying to do seeding as 21 unit , those minimum would be about 1400 square 21 opposed to sod for the yards to get the better 22 feet , three-bedroom units around 1800 square feet . 22 root system and root structure for the future . 23 So you can tell by the thought 23 I think you received in your packets 24 that ' s gone into the requirements that the target 24 typical elevations of some of the product . of ATTACHMENT Kentlallwoo4 Estates- Plan Commission Minutes page 17 ATTACHMENT KenEallwootl Estates- Plan Commission Minutes page is i course , they are all like a minimum of two-car 1 that are not natural plant-based material and are 2 attached garages . we 've got varying types of 2 not renewable , this is a much more earth 3 facades . 3 friendly-type product and has also the benefit of 4 Obviously because these are actual 4 being a very high performance insulation, so given 5 photos , some of these developments have been built 5 that if the thermal envelope of the house has very 6 in other parts of the Chicago area , but in many 6 good insulation, then we can take advantage of our 7 cases they don ' t have the type of materials that 7 second proposal , which is a geothermal HVAC s we are requiring . Maybe some of these show vinyl 8 system, and geothermal works basically by using 9 siding and things of that nature which would 9 the constant temperature of the earth as a storage to not - - would not be allowed in our particular 10 bank for energy. 11 development . 11 The way that is tapped is that each 12 So at this time I would like to ask 12 home will have a furnace on the inside of the 13 Tim Green, if Tim could come up and just give a 13 house and on the outside we drill a hole in the 14 few more highlights on some of the green 14 ground generally about 300 feet deep . This hole 15 initiatives that we are looking at as far as the 15 is what ' s called a closed loop . it does not 16 buildings that would be constructed . 16 interact with any water aquifer or any ground 17 MR . GREEN: My name is Tim Green. My 17 water . Once the whole is drilled, it is frill - - is company is Renewable Resource installation. what is it is encased with concrete , so that it is , you 19 we have proposed to the developers to bring in 19 know, stable and does not interact with any 20 some green components to their homes is a 20 subsurface water . 21 soy-based foam insulation, and what this product 21 Basically in the wintertime we take 22 is is a high performance insulation that is made 22 heat from the earth and put it into the house and 23 with rapidly renewable soybean oil . 23 in the summer it works in reverse , where we take 24 Unlike fiberglass or other materials 24 heat from the house and put it into the ground . ATTACHMENT Kendalli Es tales - PIan COMMIS nMlnWes ATTACHMENT KenOalhrooE Estates -Plan Commisslon Minutes Page 19 Page 20 1 This is an extremely efficient 1 government changed the law to use 1 . 6 gallon per 2 system, and once this - - you know, we couple this 2 flush . Now the companies redesigned the toilets 3 with the insulation, we have an extremely 3 and so they use both systems . Like, for example , 4 efficient house . 4 you can flush 0 . 8 or 1 . 6 gallons per flush . 5 One benefit is that the federal 5 Shower head faucets , I mean, you can 6 government is now granting homeowners a 30 percent 6 save up to 30 percent of water, you don ' t feel it , 7 tax credit for using geothermal in, you know, 7 I mean, just seems like you completely take a 8 trying to reduce the carbon footprint and reduce 8 shower with the same amount_ of stream . 9 greenhouse gases in the environment . 9 What we can do , we can also install 10 Another benefit of the geothermal is 10 the tankless water heaters , what they call hybrid, 11 that there are no outdoor air condensers , 11 with the power saving . You can use geostorage of 12 condensing units , so it makes the subdivision much 12 the water; for example , like a 40 , 50 -gallon 13 quieter and just a nicer - - nicer place with live 13 keeping in the basement . We just heat the hot 14 with less noise pollution . 14 water , you know, at the same time when you turn 15 If you have any questions , I ' d be 15 the water on . 16 happy to answer them . 16 Or we can install the 96 or 17 MR . PxiLIPCAUCK: Next I ' d like to 17 97 percent efficiency water heaters , which our 18 introduce Tom Godlewski , the plumbing contractor . 18 government can give you a credit up to $1 , 500 and 19 MR . GODLEWSKI : My name is Tom 19 the gas company will reimburse the first gas bill 20 Godlewski , I am representing ES Plumbing . What we 20 up to $300 . So that ' s typically what we would 21 would like to do in this subdivision is install 21 like to do, just minimize the water, just try to 22 the plumbing fixtures that can save up to 22 save the water usage in the whole subdivision . 23 30 percent of water, which is like dual flush 23 Thank you . If you have any 24 system for toilets . You know, right now the 24 questions . ATTACHMENT1 KendillwoW Estates - Plan Commission Mli Page 21 ATTACHMENT1 KendallwoW Estates - Plan Commission Minutes page 22 1 MR . PHILIPCHOCK: So to recap, what I ' d 1 at cetera , a little smaller square footage , but 2 like to point out again is that the infrastructure 2 still something that resembles a detached 3 is all in place, the additional units , the road 3 single-family home , so from a visual perspective , 4 system that ' s been put in is adequate to handle 4 when you drive through the subdivision or you view 5 the additional traffic that would be generated by 5 it from a distance , it looks like it ' s a detached 6 the additional units . 6 single-family subdivision and, again, because of 7 As pointed out , while currently it 7 the criteria that are set forth in the covenants 8 is just the access to Van Emmon, as part of the a that we will maintain not only property values in 9 Woodstone development there is a right-of-way that 9 our subdivision, but we will protect the property 10 has been set forth so that a connection can 10 values of the homes in the surrounding areas as 11 ultimately be made to Route 126 , stubs have been 11 well . 12 made to the property then also to the east for 12 The access roads , once you leave the 13 future connectivity to more locations there . 13 site at Van Emmon and Route 126 , are certainly 14 We also have an emergency access 14 adequate to handle the traffic from the 15 that can come out here until such time as a 15 development . 16 permanent roadway is installed; that was looked at 16 we think that the original design 17 at the time we came through, if you remember, with 17 was very nice, we captured as much of the open is the original subdivision. is space areas and maintained them as treed and open 19 The area, we think because of some 19 space areas , and that will continue to be the case 20 of the changing conditions in the marketplace , 20 under this proposal , and so we would suggest that 21 there is more of a demand for attached product as 21 this would be a good change as far as the plan is 22 the population is aging, that people are looking 22 concerned to allow another product , a 23 for product that requires less maintenance on 23 single- family product , but an attached, again for 24 their part as far as the exterior, yard areas , 24 obvious reasons , to provide proper transition from ATTACHMENT Kenaali Estates Plan Commission Minutes edge 23 ATTACHMENT Kentlallwood Eiii -Plan Commission Minutes page 24 1 the commercial , the property that ' s south now, as 1 annexation agreement has expired . 2 we go into the detached product then further to 2 This property was approved through 3 the north. 3 the subdivision platting process a couple years 4 So for these reasons we would 4 ago and recorded, so this request is to rezone the 5 respectfully request that the Planning Commission 5 property to PUD , so even though the current zoning 6 concur with the petition and would recommend to 6 is R- 2 , the Comprehensive Plan is still a valid 7 the City Council the rezoning approval to take it 7 document when you are considering zoning changes . 8 from the R-2 to the PUD . s The densities and the allowable 9 And with that , that concludes our 9 units per acre that was explained by the 10 presentation, but we are happy to answer any 10 petitioner are correct . The zoning ordinance 11 questions you might have and certainly respond to 11 doesn ' t state that 3 . 3 units per acre is the 12 any questions that any of the public may have . 12 maximum density, but it does state that 13 CHAIRMAN LUCIETTO : I think we ' re going 13 12 , 000 - square foot lots are the minimum lot size . 14 to ask Travis to speak and give us the Staff 14 So doing the math with the acreage , it would 15 perspective and then we can go on to public 15 yield, you know, approximately 3 . 3 units per acre , 16 questioning . 16 so that is a true number , but not - - not a 17 MR . MILLER : Sure . Staff report was 17 definite range as defined by the - - by the City ' s is attached in your packet . Typically Staff reports 18 a zoning ordinance . 19 do refer to the Comprehensive Plan . 19 The Comprehensive Plan recommends 20 As was stated by the petitioner, 20 suburban neighborhood in this area or for this 21 this request is for rezoned property that was 21 property surrounded by similar uses . 22 annexed to the City several years ago . There is 22 The existing uses to the west of 23 no annexation agreement in place . It was annexed 23 this property are residential , that would fit 24 more than 20 years ago, so any life of that 24 within the description of suburban neighborhood . ATACHMENT1 Kendistwood Estates-Plan Commission Minutes g Page 25 ATTACHMENT1 Kendallwood Estates- Plan Commission Minutes Page 26 1 The property to the south, as explained by the 1 future POD agreement , has not been requested by 2 petitioner , although it ' s not developed, is zoned 2 the petitioner and not recommended by Staff to be 3 B-2 . There was an annexation agreement approved 3 amended, so that document would remain and that 4 by the City a couple years back, reviewed by the 4 requirement would stand . 5 Plan Commission . 5 A couple of points - - I ' m not going 6 As you recall , that property was 6 to go through each item of the Staff report - - 7 zoned 13- 2 , but the annexation agreement did have 7 answer any questions if there are any, I wanted to 8 zoning limitations on the B-2 ; primarily the uses 8 respond to a couple of things that was given in 9 permitted on that property are office , but it does 9 the testimony by the petitioner . 10 allow for some B- 1 and B-2 uses , retail-type 10 One of the Staff recommendations is 11 convenience uses , but predominantly the plan that 11 the conservation easement be established for the 12 was approved and that ` s attached to that 12 green space areas . The western part of this 13 annexation agreement calls for office uses and 13 property is heavily wooded; the current approved 14 office building uses . Two-story building was the 14 subdivision plat called for preserving that area, 15 anchor, with a mix of office and retail uses . 15 there is a steep terrain on that side of the 16 The connecting street through that 16 property and still several trees , wooded area , on 17 property - - so connecting this subject property to 17 that property. 18 126 - - was articulated in the development is The concern of Staff , as we ' ve 19 agreement with this property owner requiring that 19 learned in other developments in town, those types 20 that roadway be constructed prior to units being 20 of attributes in a development of this size are 21 constructed in Rendallwood Estates , so there was 21 difficult , I didn ' t explain this well in the Staff 22 not an annexation agreement , but there is a 22 report when I stated the concern, was to remain in 23 development agreement that requires the 23 perpetuity . 24 construction of that roadway, and this PUD zoning, 24 It ' s not just to remain in ATTACHMEW1 Kenta[Woot Estates-Plan Commission Minutes Page 27 ATTACHMENTI Kentaliw = oo4 Estates - Plan Commission Minutes Page 28 1 perpetuity, but the concern is also of maintenance 1 the lot owner would still control that , so it 2 of those kind of attributes . A homeowner ' s 2 makes it more difficult for a lot owner if he 3 association fee of 120 a unit may be difficult , 3 wants to go back and cut trees down. 4 they may not have the expertise to be able to 4 1 don ' t expect that to happen ; 5 maintain a wooded area the way it needs to be 5 persons purchasing those lots would want to retain 6 maintained, so the recommendation for a 6 those trees , but by reducing the lot sizes , 7 third-party to either hold title to that area or 7 keeping that in the homeowner' s association or 8 at least have a - - and the covenant to the 8 third-party engaged takes that concern completely 9 subdivision be required to be a partner with the 9 away. 10 homeowner ' s association is what the Staff ' s 10 Design guidelines , the points that I 11 recommendation is and the purpose behind that 11 wanted to make there , there was discussion of the 12 Staff recommendation is . 12 premium siding. The information that was 13 The second part of that Staff 13 submitted by the petitioner on the premium siding, 14 recommendation is to reduce Lots 11 through 16 in 14 there is simply stated all exterior surfaces , so 15 size to allow for a connection between Lots 57 and 15 it ' s Staffs recommendation that the premium 16 59 . 57 and 59 are stcrmwater detention areas , but 16 siding be applied to all exterior surfaces within 17 primarily where the wooded area is , the strip 17 this development . 18 between that , it ' s Staffs recommendation that the 18 50 percent premium siding on front 19 lots be decreased so that there is one continuous 19 facade is what the current appearance code 20 lot , makes it easier for a third-party to accept 20 requirement is , so that would be above and beyond 21 the increase in size of that , maybe make it more 21 what the City code is , require premium siding on 22 attractive to the conservation district to want to 22 all facades . Doesn ' t have to be masonry, could he 23 maintain that , and furthermore , an easement is a 23 Hardie board , could be cedar siding, but it does 24 mechanism that could protect a wooded area, but 24 allow for premium siding, and Staff ' s ATTACHMENT Kendallwoo0 Estates - Plan Commission Minutes g Page 29 ATTACHMENT Ke,Mallwood Estates Plan Commission Minutes Page 30 1 recommendation is all exterior surfaces of all 1 ComEd has property and utilities 2 units in the subdivision be required to have that 2 that run north of Van Ramon and South of 126 , . 3 premium siding . That is above and beyond what the 3 actually all the way down to 47 . The City has 4 appearance code requires . 4 prepared preliminary engineering for a multi-use 5 The recommendations , the last part 5 trail along that property . 6 of the Staff report , the additional architectural 6 In fact , the lease agreement has 7 recommendations , I Just want to make clear that 7 been drafted and is in front of City Council next e the Staff recommendation is that all units in this 8 month for final approval allowing the City access 9 PUD include these items . 9 to the property and allowing the city to construct to The information that was submitted 10 a trail on that property. 11 by the petitioner and the testimony tonight is 11 The City has applied for a grant , 12 that it ' s being promoted, being encouraged within 12 couple of grant applications , to help with the 13 the units , so when people buy units within the 13 funding and there is some matching requirements 14 subdivision , they are encouraged to have 14 there . 15 geothermal heating, they are encouraged to have 15 Total from downtown north of Van 16 certain plumbing fixtures . 16 Emmon all the way to Windett Ridge subdivision is 17 The Staff ' s recommendation would be 17 a little over two miles in length, and the total 18 that all units be required in this PUD to include 1s cost of that trail is roughly 2 . 8 million dollars 19 those items . 19 remaining engineering that ' s left and the 20 Lastly, ComEd trail recommendation, 20 materials to construct -- the construction of that 21 the Staff recommendation is that as part of a PUD 21 facility . 22 agreement that the petitioner agree to construct 22 Jsst yesterday Staff ' s 23 the trail along the front edge of the property, 23 recommendation was as a requirement of this PUD 24 that being the western edge of the property. 24 petitioner construct a portion of the trail that ' s ATTACHMENT Kendallwootl Estates -Plan Commssiw Minutes 4 Page 31 ATTACHMENT Ke,Mallwootl Estates-Plan Commission Minutes Page 32 1 adjacent to this development , which is plus or 1 recommend negotiating in the PUD agreement , so I 2 minus 3200 feet , not listed on here , I am going 2 just wanted to make sure that that was clear when 3 from memory, but a pretty sizable length . 3 you consider the Staff recommendation . 4 We have asked the engineers to - - I 4 I think that ' s all of my notes . I 5 have asked the engineers to break down an itemized 5 can answer any questions . Thank you. 6 cost estimate to determine what that segment would 6 CHAIRMAN LUCIETTO : okay . I have a note 7 be . We just received that information yesterday 7 that was written that I want to enter into the 8 and it was a follow-up of this Staff report . That a public record , it was written by Susan Lambke for 9 cost estimate for that segment is in excess of a 9 both she and her husband, Gregory . They live at 10 million dollars ; it ' s 1 . 2 million . 10 339 East Van Emmon Street . She writes , "Opposed 11 We have scheduled a meeting with the 11 on doubling the population for that area . That 12 petitioner to talk about what participation is 12 was for single dwellings . Also you have to fix 13 appropriate , so our recommendation to the Plan 13 the problems that are there already. Thank you . " 14 Commission tonight would be to - - I would ask to 14 So I will give it to one of you guys to enter that 15 have that adjusted to state that the petitioner be 15 into the record . 16 required to participate in the construction, but 16 Do we have any questions , comments 17 don ' t leave -- Staff wouldn ' t recommend -- I 17 or suggestions from the rublic from those of you is wouldn ' t recommend the requirement of two million 18 that were sworn in? Could you come up here , i9 dollars , it wouldn ' t be consistent with other 19 please , and say your name and where you live? 20 trail requirements that the City has required and 20 MR . ENGELHARDT: Mike Engelhardt , 15 21 certainly is in excess of a reasonable amount ; 21 Crooked Creek Drive . I am over here . what is 22 however, some participation towards that amount 1 22 this here ? Who owns that property there? 23 do believe is reasonable . That discussion has yet 23 MR, MILLER : I can try to address that , 24 to be had, but it ' s still an item that Staff would 24 although I don ' t know the current owner . ATTACHMENT Kemallwood Estates -Plan Commission Minutes ATTACHMEMt Kendallwood Estates- Plan Commission Minutes Page 33 Page 34 1 MR . PHILIPCHUCK: It was the Shepherd - MR . PHILIPCHUCK : Correct . The 2 Group , I think it still is . 2 ownership , yes . 3 MR . ENGELHARDT : Is this the water line 3 MR . ENGELHARDT : That ' s what I wanted to 4 here? 4 know . Thanks . 5 MR . MILLER: The water - - 5 CHAIRMAN LUCIETTO : Is there anyone 6 MR . ENGELHARDT: The water main? 6 else? Please come up . 7 MR . MILLER : That I don ' t know . Pete , 7 MR , PRUTCH : My name is Andrew Prutch 8 can you - - 8 and I happen to live right here . 9 MR . ENGELHARDT : Do I have my bearings 9 CHAIRMAN LUCIETTO : And what ' s your 10 right? 10 address? 11 MR. HUINKER : Where it crosses . 11 MR. PRUTCH : 316 Illini Drive . And I 12 CHAIRMAN LUCIETTO : Can you guys speak 12 back no to this area right here and I oppose this 13 up? The court reporter cannot hear you . 13 bike track back here because I don ' t want the 14 MR . ENGELHARDT - Okay. I ' m just 14 added traffic going behind my property. 15 wondering who - - this is not part of this? 15 Another thing is when they built 16 MR . HUINKER : it ' s a different owner . 16 this retention pond here , the way they have this 17 MR . ENGELHARDT : Different owner . And 17 all graded, when it rains a lot in the springtime 18 this road here , is this a proposed road? 18 and in the fall , all this water comes rushing down 19 MR . HUINKER : This section right here , 19 this h`_11 and runs through the back of my property 20 no . No - This is basically a cul-de- sac . 20 because of the creek that runs through back here . 21 MR. ENGELHARDT : Oh, I see . I see - 21 Now, another thing we are concerned 22 Okay . That is my question . And are these going 22 about is having more units back here . Are these 23 to be - - are these condos , do I understand that 23 people going to own these units or are they going 24 right? Not apartments , they are condos? 24 to buy them and rent them out and then there is ATTACHMENT II Kendallwood Estates -Plan Commission Minutes Page 35 ATACHMENTI Kendallwood Estates - Plan Commission Minutes page 36 1 going to be renters back there and all the 1 the surrounding area . 2 increased traffic . 2 The block behind us is Walter Street 3 I just - - I think it should all he 3 and they have - - it ' s a mixture of homes and 4 left single-family houses because of the decreased 4 duplexes . On that street , 46 percent of the 5 property values of the houses around it , and I ' m 5 people that own there are - - are granted a 6 just afraid that once they put this trail in here , 6 homestead exemption , and this is by the county' s 7 there ' s going to be so much traffic with kids 7 records . Across the street at Colonial Parkway, 8 running back here in the woods and stuff that it ' s e which is all duplex or townhomes , they are at 9 just going to be a nightmare . That ' s my opinion . 9 43 percent . 10 CHAIRMAN LUCIETTO : Is there anyone 10 I ' m thinking putting more 11 else? 11 multi - family homes in this area is probably not a 12 MS . STAIE ! Hi , I ' m Lori Staie . I live 12 good idea, you know . Is there any kind of way we 13 at 311 Illini Drive , actually live right across 13 could put covenants in there that says only a 14 the street from Andy. I have a couple questions . 14 certain number of these can be rented? Is there is One thing is the density for the new 15 something that can be done along that way? 16 plan has the - - has it higher than what the 16 And when Sohn - - John made a comment 17 Comprehensive Plan calls for . I was just 17 that this was going to be empty nesters or he 1s wondering why do we have a Comprehensive Plan if 1s was - - or they were targeting empty nesters , well , 19 we don ' t follow by, you know, what the plan is . 19 if you are looking for a senior population, you 20 another question that I have - - or 20 wouldn ' t go for a two- story home, you' d go more 21 actually the first thing that comes to mind when 21 for maybe single-story ranches . That might be a 22 you say multi-family home is the fact that the 22 little bit more acceptable . I don ' t - - I don ' t 23 renters will dominate the population, the 23 see doing two-story homes as a great idea . 24 transient population is already extremely high in 24 And the eothermal requirements ,quirements , who ATTACHMENT Kndallwoo4 Estates Plan Commission Minutes Page 37 ATTACHMENT Kendallwood Estates - Plan Commission Minutes page 38 1 is going to maintain that? Will that be part of 1 cheap to put in upfront . We didn ' t have it as 2 the building permit? Is that - - you know, are 2 part of that original development because I think 3 these companies that came up and spoke , are they 3 they were about $65 , 000 a couple years ago . The 4 going to be the only ones that are going to be 4 prices are coming down, but they are - - they are 5 required to do the work on these homes? 5 expensive , so on the geothermal , that ' s a 6 And did the - - another question 1 6 recommended. we are going to suggest that buyers 7 had is the R- 2 , the original development , did they 7 look at that, but that will not be a requirement . 8 have those geothermal requirements when it was a 5o I just wanted to make that clear- 9 originally submitted? Those are what I 've got . 9 As far as the rental situation, we 10 CHAIRMAN LUCIETTO : Do you want to say to can offer a single level home and we can do an 11 anything to her? 11 attached product , and you are right , some empty 12 MR . PHILIPCHUCK: I can respond at the 12 nesters , depending on age , prefer to have one 13 end if you would like . 13 level and some , as long as they are mobile , prefer 14 CHAIRMAN LUCIETTO : well , we ' ve got 14 two- story. 15 quite a list of questions so far, so why don ' t you 15 The reason we showed you the 16 go ahead and answer? 16 two-story product is because that ' s what we would 17 MR _ PHILIPCHUCK : Okay. I guess because 17 anticipate selling in there, but based on today ' s 18 I can remember what Lori just said, I will start 18 numbers , based upon what we have out into the 19 with her and work my way back, but we are not 19 testimony, is what these units contain and price 20 requiring everyone to have geothermal . We are 20 range and that ' ll dictate it ' s not going to be a 21 proposing it to them, we are hoping that some 21 feasible rental project . It ' s just the way you 22 will take advantage of it . 22 finance it and having this -- I mean, typically if 23 It ' s a $45 , 000 option . Let ' s not 23 you are going to do design for rental you want to 24 kid ourselves , there is some payback, but it ' s not 24 try to minimize what your exterior treatments are ATTACHMENT Kendallwood Estates - Plan Comn;isslon Minutes Page 39 ATTACHMENT KendalPooE Estates -Plan Commission Minutes page 40 1 going to be . 1 people in this room, you know, would want to have 2 You don ' t want 30 -year architectural 2 that kind of restriction on their home , that they 3 shingles , that ' s for sure , you want the three tab . 3 could never rent it , but it ' s not something that ' s 4 You try to reduce , reduce costs so you can get 4 real popular in the marketplace - 5 your numbers to work out in the market because 5 So we would ask that that would not 6 obviously you are trying to meet your mortgage 6 be a requirement in this particular development 7 payment and you are trying to make a profit or, of 7 either - 8 course , hope that values increase . 8 The Comp Plan is a guide as you 9 So for those reasons we do not see 9 know . It ' s not etched in stone , it ' s just a plan 10 this as a rental market much in the way that some 10 out there for how a community evolves and 11 of the older product that was built in the City 11 develops . 12 either was from day one or evolved into it , so 12 It ' s hard to keep up and keep them 13 that ' s the way we see it . We certainly are not 13 current - - Travis will tell you that - - because 14 encouraging it . 14 it ' s ever changing and evolving . As soon as a 15 This has come up in other hearings 15 decision is made by the council , it can oftentimes 16 we have done in other communities . We hate to 16 affect the Comp Plan and it becomes outdated and 17 alienate property . I typically don ' t recommend 17 another land use decision is made , such as 18 it . There are situations sometimes that come up is happened here , where the Comp elan on that 12 19 where a family can get transferred from their job 19 acres south of us showed it as residential, but 20 to another part of the country, but the intent is 20 what did it come into the city as? s-2 with 21 it ' s a one , two-year deal , they want to come back, 21 office uses and retail convenience uses . So 22 they want to live in the house again, they do rent 22 that ' s an example . 23 it for a short period of time . If you take that 23 I think the bike path has been in 24 option away from them - - I don ' t know how many 24 the City ' s plans for a number of years . I can ATTACHMENT t Kendallwood Estates - Plan Commission Minutes Page 41 ATTACHMENT Kendallwold Estates -Plan Commission Minutes page 42 1 appreciate your concerns about inviting the public 1 that obviously could be applied to construction of 2 into what ' s been a private space , that is the 2 the trail . 3 typical concern . 3 I think the other letter that you 4 Somehow communities have to figure 4 received from Susan Lambke , perhaps she 5 out how do we balance the public ' s need to be in 5 misunderstood what was - - she probably heard that 6 and moved through the community versus the private 6 there was some attached two-unit product and maybe 7 land owners that have property that is adjacent . 7 she thought that that was the entire subdivision 8 That ' s always a difficult thing to a and it was doubling, but as we know, that ' s not 9 work out , I can appreciate your concerns about 9 the case . 10 that , but that really - - weere providing a 10 We still have 45 single- family 11 connection from our subdivision to that path so 11 detached homes closer to the Van Smmon side of the 12 that residents , if they are using the path, can 12 development and it ' s only at that southern end 13 get in and out and have direct access onto the 13 where we are primarily adjacent to open space and 14 path . 14 commercial that we are looking at the attached 15 It ' s our responsibility, other than 15 product . 16 the fact that we ' re going to meet with Staff and 16 1 hope that addressed some of the 17 talk about financial contributions - - for 17 questions . I think I had maybe one comment is instance , this developer, Woodstone , in their 18 regarding Staff . Looking at that connection back 19 annexation agreement made a commitment to $25 , 000 19 there , we will look at that to see how that could 20 applied to the construction of the trail , so 20 be facilitated, if there is a way to make a 21 because it was a residential development , there 21 connection there for the protection . 22 probably was no park donation requirements , so our 22 As I understand it ' s basically you 23 particular subdivision, you know, we already have 23 are looking at ways to protect the trees and , 24 a $350 , 000 commitment to the park department , so 24 again, language in these easements and things can ATTACHMENT I KeMallwootl Estates- Plan Commission Minutes g Page 43 ATTACHMENTI Kendall000d Estates -Plan Commission Minutes Page 44 1 be directed as to how the trees can be maintained 1 questions . Is it just possible to direct 2 and recommended maintenance and certainly the 2 questions to him and have him answer? 3 homeowner ' s associations typically do also connect 3 CHAIRMAN LUCIETTO : Go for it . Come on 4 with the City Staff and look for guidance and 4 up . Do me a favor, though . You didn ' t state what 5 assistance . I know we ' ve done it in our 5 your actual address is and we would like to have 6 subdivision on some of the common areas as issues 6 that in the record . 7 that come up . 7 MR . MCCURDY: It ' s actually a lot . I 6 So I think there is expertise out & don ' t know that it has an address . It would 9 there to the homeowner ' s association, and based on 9 probably be 322 East Washington Street . 10 how you draft the language , I think it can work 10 CHAIRMAN LUCIETTO : Okay . That ' s fine . 11 very well . 11 MR . MCCURDY : It ' s at the end of 12 we haven ' t found it to be a problem 12 Washington Street . It backs also -- so the back 13 in white Oak Estates , which there are wide open. 13 of my property is what they ' re talking about , the 14 spaces , we are maintaining them without being a 14 bike trail there . I back up to it just like the 15 partner with some other outside land conservation 15 other gentleman does , just down a couple streets . 16 group . 16 But instead of a comment , I have some questions . 17 So we think that this will be a 17 CHAIRMAN LUCIETTO : That ' s fine . 18 similar quality here and it will also - - also 1s MR . Mc CURDY: You spoke about a couple 19 work . So those are our answers to the responses . 19 of things , first about that geothermal . Travis 20 CHAIRMAN LUCIETTO : Do we have any other 20 was - - is that your name? 21 questions or comments? 21 MR . MILLER : Sure . 22 MR . McCURDY: My name is Mike McCurdy. 22 MR . MCCURDY : You said you would like to 23 I live on the west side . Is it possible to 23 see it mandatory and they are saying they would 24 address - - I don ' t know, I actually have some 24 like to have it optional . Is that something you Ar ACnwervrn nenaanwooa Estates- Plan commission Minutes Page 45 AI ACHMENi1 Kenaanwooe estates - Plan commission Mi g mes pa a 46 1 are trying to work out Or - - 1 MR . MCCUROY : You said it would cost 2 MR. MILLER : The Staff ' s recommendation 2 45 , 000 per unit , so you think it should be an 3 is , you know, these items -- back up . A PUD - - in 3 option that each individual owner gets to 4 order for a petitioner to justify a PUD or what ' s 4 decide - - 5 expected of a petitioner as written in the PUD 5 MR . PHILIPCHUCX: We ' re going to 6 ordinance, in order to be considered a PUD or be 6 encourage it , we ' re going to point out the 7 approved as a PUD, it ' s expected that the 7 benefits to it . Obviously some people may have 8 petitioner go above and beyond, whether or not it 8 that in their budget and they may be very green 9 be an architectural standard or green space 9 thinkers and they may say, you know, that ' s a 10 standard . 10 great idea. We will show them how the technology 11 So one of the things that ' s proposed 11 works , explain it to them, urge them to do it , 12 in the application is that the units being 12 because , as we stated earlier on, we want to try 13 constructed in this subdivision be required to 13 to have a green community, but unfortunately at 14 have certain environmental components to them. 14 that price it ' s going to take it out of some 15 one of those items was geothermal , there is a long 15 people ' s price range, so that ' s why we didn ' t want 16 list of items that they are proposing to include 16 to make it mandatory, but we do want to suggest 17 in the residential units , and the Staff comment 17 it , so if we can convince some of the home buyers 18 was not to make that optional , that this is a PUD, 18 to put that into their plan, that ' s what we would 19 Staff ' s recommendation from Plan Commission is to 19 like . 20 require all of those items for all of the units 20 MR . McCURDY: Maybe I ' m off base here , 21 within the PUD . 21 I ' m not sure , but I know, because I am in 22 So to answer your question, yes , 22 construction, it ' s very depressed, I hate to use 23 Staff is recommending that that item, geothermal , 23 that word, but it ' s very depressed right now. 24 be required for all of the units . 24 Is part of your reason you are doing ATTACHMENT Kentlallwooa Estates - Plan Commission Minutes ATTACHMENT Kendiulwood Estates - Plan Commission Minutes Page 47 Page 48 1 this is to help yourself , you know, be able to 1 geothermal , basically it is - - the intent is you 2 sell ? 2 are paying upfront to save over the long- term, so 3 MR . PHILIPCHUCK: Absolutely . 3 if you pay additional and you can cut your 4 Absolutely . 4 utilities in half or more , then you are getting 5 MR . MCCURDY : So the 45 , 000 kind of 5 paid back each month, so over the life of the 6 counteracts what you ' re trying to do . 6 system you are actually going to make more than 7 MR . PHILIPCHUCK : We are at a little 7 the additional cost of the system, so it ' s e different higher end market here obviously . This 8 basically an upfront cost to save energy over the 9 is not a production home , this is all custom- type 9 long-term, and that ' s basically why - - it is a 10 homes in this subdivision, so it is a different 10 more expensive system to install , but it has a li market , but the pockets aren ' t forever, so , you 11 payback over - - you know, over the lifetime of the 12 know , what they can afford is what they will look 12 system . 13 at , and they may say yes , I like it , but others 13 CHAIRMAN LUCIETTO : Okay. Are there any 14 may say I ' 71 have to opt out of that , I like all 14 other questions? Oh, did you have more? Oh , 15 those other features , we ' re going to design those is okay. 16 in - - I think I mentioned those things that are 16 MR . MCCURDY : About the trail . 17 going to be mandatory, but the geothermal is not 17 That ' s - - I guess both to Travis . This is 18 mandatory . 18 something that ' s you ' re pretty sure it ' s going to 19 MR . PRUTCH : There is not going to be a 19 go through, that trail? I mean, I ' ve heard about 20 300 foot hole in the ground when you build a 20 it for a long time , but you are pretty sure it ' s 21 house , come on . That ' s - - I don ' t believe that . 21 going to go through? 22 MR . PHILIPCHUCK : Do you want to explain 22 MR . MILLER : Pretty sure until something 23 the numbers? Do you want to make a comment? 23 is constructed . You never know, but it ' s certain 24 MR . GREEN : The additional cost for the 24 to the point that the City has invested ATTACHMENT1 Kendalwood Estates-Plan Commission Minutes Page 49 At ACHMENT t Ke nallmod Estates-Plan Commission Minutes page 50 1 engineering expenses toward that and have applied 1 little - - the numbers , I don ' t know, I didn ' t 2 for grant dollars to construct it . One of the 2 understand exactly because they talk about a 3 grants we are hoping to hear as early as November 3 million and three million . 4 to fund a good portion of the trail . 4 I would think that that would have a 5 As I mentioned earlier, the City has 5 big bearing on you, too , wouldn ' t it , I mean , I 6 worked over almost two years now with a lease 6 would think at some point it ' s not going to be 7 agreement with ComEd, Commonwealth Edison, to 7 worth it for you to do it because a certain amount e allow use of - - long-term use of the property to a of money -- 9 construct the trail and to maintain the trail 9 MR . PHILIPCHUCK: That ' s why we have to 10 across it , to sit down - - you are absolutely right , we have to 11 It ' s seen in the Comprehensive Plan 11 sit down with Staff and City Council about what ' s 12 and in the Transportation Plan still in draft form 12 a fair donation towards the construction of the 13 as a critical link to large populations . Whenever 13 trail based on the number of units that we have in 14 the subdivision, Raintree subdivisions , Country 14 the subdivision . 15 Hills , we have over 22 , 000 residential units that 15 MR . Mc CURDY : So that ' s a sticking point 16 are platted in that part of the city through this 16 right now . 17 trail would be able to have access downtown to a 17 MR . PHILIPCHUCK: Well , we obviously is pedestrian trail , so it ' s a -- in the draft and is cannot afford to do a million for that trail . We 19 greater transportation plan , this is one of the 19 can ' t do that . 20 top priorities in terms of trails city-wide to be 20 MR - PRUTCH : Has anybody been down there 21 constructed, so I believe it ' s likely given all of 21 to -look at the grade for that? Because up to my 22 those factors . 22 property, up to this - - this is a big retention 23 MR . McCURDY : Is this another factor 23 pond right here , so from this retention pond, here 24 that you are - - because it seemed like you were a 24 is my house here . Ar ACHMENn Kendall estates - clan Commission minutes 4 Page 51 Ar ACHmENri Kanto ma Estates- Plan Commission Minutes Page 52 1 From here all the way down to where 1 would intersect the trail - 2 my land is is like at a really steep slope , so 2 MR . PRUTCH : And then where would it go , 3 that means they are going to have to go back in 3 from here , up here? 4 there and regrade all that out , make it flat , have 4 MR . HUINKER : The Com Ed trail 5 to put what , five bridges across , where the creek 5 essentially goes north/south . 6 goes across here like five times , so when you guys 6 MR . PRUTCH : Right , but this whole hill 7 cut into this hill , you ' re going to weaken that 7 right here is at such a steep slant - - 8 retention pond . 8 MR. PHILIPCHUCK : That ' s not the Ci 9 MR . HUINKER : The creek is actually 9 property . 10 here . 10 MR . HUINKER : This is separate from the 11 MR . PRUTCH : It comes here . It bends it COMEd property . 12 around and cuts in around here . 12 MR . PHILIPCHUCK : The Coi property is 13 MR . HUINKER : What we ' re proposing is 13 low ground at the bottom . 14 just to connect - - it would end at this property 14 MR . HUINKER : Is directly west of this 15 line . what the City is proposing is this regional 15 property. It ' s not within this property. 16 trail , that would be constructed within - - 16 MR . PRUTCH : so how are you going to get 17 MR . PRUTCH: Right , but from the top of 17 between my property and this retention pond? 18 here down to where my property is - - 18 MR , PHILIPCHUCK; That ' s Commonwealth 19 MR . PHILIPCHUCK: We ' re not going to do 19 Edison ' s property . 20 anything here . Our path - - 20 MR . PRUTCH : Where is that at compared 21 MR . PRUTCH : well , my property is right 21 to my property? 22 here . 22 MR . PHILIPCHUCK : Between the two . 23 MR . HUINKER: Yes . Well , we are 23 MR . PRUTCH : Right , which is at a slant . 24 proposing to have it rise right along here . it 24 MR . PHILIPCHUCK: No , it ' s not at a AnACHMENT1 Pau llwao4 Estates- Plan Commission Minutes ATTACHMENT Kendallw000 Estates Plan COmmission Minutes Page 53 Page 54 1 slant . 1 MR . PHILIPCHUCK : That ' s ComEd, that ' s 2 MR . PRUTCH : Yeah, it is . If you want 2 your property- 3 to come over, I ' ll Show you . The creek runs 3 UNIDENTIFIED SPEAKER : How wide is it? 4 through my back yard. 4 MR . McCUt 50 feet . ComEd is 5 MR . PHILIPCHUCK: The creek is on the 5 probably 50 feet . 6 low ground. 6 MR . MILLER : It varies depending on what 7 MR . PRUTCH : The creek runs through my 7 it is , but it ' s basically a 50 - foot wide strip of a yard . 8 land. 9 MR . PHILIPCHUCK: No, that ' s 9 MR . HUINKER : If you take this western 10 Commonwealth Edison ' s property . 1D line and you offset that about 50 feet , that ' s 11 MR . HEATH : That ' s fairly level . I ' m 11 basically - - 12 Richard Heath , 48 - - 9488 Van Emmon . 12 MR . PRUTCH : I know where it ' s going, I 13 CHAIRMAN LUCIETTO : Okay, thank you . 13 can see where - - when they came in there and they 14 MR. HEATH : That ' s an old railroad 14 ran that sewer line , that ' s exactly where it ' s 15 right-of-way and it ' s fairly level . 15 going to go , but after they put that sewer line in 16 MR . PRUTCH : I understand that , but when 16 there , they went in there and regraded it all . 17 they built this , they came in here and they sawed 17 MR . HUINKER: Now, the design and 18 all the trees down and then when they built the 18 construction of that is actually Travis ' , the 19 subdivision , from my yard is flat , then it goes 19 design that ' s currently being done right now, 20 like this , straight up , all the way to the top 20 so - - 21 here . 21 MR . MILLER : One of the reasons for the 22 MR . HUINKER : That ' s your property and 22 high cost is dealing with a bridge to cross the 23 that ' s COnEd. 23 creek . 24 MR . PRUTCH : I ' d like to go down there . 24 MR . PRUTCH : Yeah, because I get enough ATTACHMENT Kendalwood Estates- Plan Commission Minutes ATTACHMENT Kendalwood Estates -Plan Commission Minutes Page 55 Page 56 1 water back here now after they went in there and 1 and then they built - - 2 they redid all this . Every time it rains in the 2 CHAIRMAN L-JCIETTO : One conversation at 3 spring and the snow, it comes all barreling down 3 a time . Can I make a suggestion? Because you 4 this hill , through James ' land , through the other 4 definitely have a concern. They haven ' t gotten to 5 part down there , so , I mean, I ' d love to have you 5 the point where they know what they ' re doing in 6 guys go down there sometime and show me Exactly 6 that area 100 percent yet . 7 where it ' s going to be . You can ' t see it here . I 7 If I were you, I would get ahold of a mean, I know exactly how the creek runs through e Travis ' card and just contact him on a regular 9 there , I am down there every day . 9 basis so that you can follow what ' s going on and 10 MR . HUINKER : It crosses back there . to then maybe they can invite you and actually 11 MR . PRUTCH : Oh, yeah, and you can ' t 11 explain it to you . 12 redirect the creek . 12 MR . PRUTCH - That ' s fine . That ' s fine . 13 MR . HUINKER: And that will have to be 13 MR . MILLER : I ' d be happy to . 14 addressed in the engineering of ComEd, but that ' s 14 CHAIRMAN L-JCIETTO : Does that sound 15 separate from this property, that ' s -- 15 okay? 16 MR . PRUTCH : And I understand that , 16 MR . PRUTCH : Okay. I have no problem 17 because I had them - - when they came in here and 17 with that . Thanks . 10 they did this -- there were supposed to be two is CHAIRMAN LUCIETTO : Is there anybody 19 houses on the original plans back here and then 19 else? Could you give us your name? 20 they moved them over here because they found out 20 MR . RODRIGUEZ : Ruben Rodrigues , 318 21 that this is all - - when they dug this here , they 21 East Washington Street . 22 could never get this dried out , there was always 22 CHAIRMAN LUCIETTO : Thank you. 23 water or a spring running underneath there , so 23 MR . RODRIGUEZ : I back up into Mike ' s 24 then they built the two lots to go through here 24 property and, as a matter of fact , it was his ATTACHMENT KenaalNOOtl Estates -Plan Commission Minutes ATTACHMENT I Kentlallwood Estates-Plan Commission Minutes Page 57 Page 58 1 house . 1 in hock . Let ' s be realistic . You ' re coming up 2 My concern is that - - and I have no 2 here and selling us a bill of goods saying I ' m 3 problem with the bike trail , I ' ve seen that in 3 going to put all this good stuff in there, we ' re 4 Wheaton, you know, had that long bike trail . 4 going to put this geothermal stuff in there , and 5 I have no problem with the 5 it ' s just a selling point because it really 6 converting it from a H-2 to, you know, condo 6 doesn ' t exist . It doesn ' t exist . 7 living, if it ' s only in one area , that ' s fine . I 7 And you tell us to buy into it . a have no problem with that . 8 Forget it . I ' m not buying it . I agree with all 9 The thing is are we going to revisit 9 the things that you want to do, but at the end of 10 this or water down the zoning later on if the 10 the day, when you rezone , now are you going to 11 market continues the way it ' s going? I don ' t want 11 water it down again a year later, oh, we can ' t 12 this to continue into one housing issue after 12 sell it , oh , well , we ' ve got to come at you again . 13 another because they can ' t build, and I don ' t want 13 MR . PHILIPCHUCK : The property owner, 14 to convert it into another type of housing where 14 your point , always has the right to ask, but the is it ' s rental at the end of the day, oh , we can ' t 15 municipality does not have to grant it . 16 sell now, we ' ve got to rent . That ain ' t 16 MR . RODRIGUEZ ; Right . 17 happening . That will not happen. Okay? I ' m - - 17 MR . PHILIPCHUCK : Now, they can ' t be is that ' s - - 18 unreasonable , arbitrary and capricious in their 19 The market is depressed, I 19 decision, but I think history has shown a 20 understand that , you know, everyone ' s housing is 20 reasonable first bite at the apple is one thing , 21 at a low level , but we can ' t keep rezoning just 21 if you come back for more, it ' s usually pretty 22 because you guys can ' t sell the property. 22 difficult . I think the Plan Commission has 23 You made the investment , you made 23 experienced that . Good point . 24 the gamble , you bought the property, now you are 24 CHAIRMAN LUCIETTO : Is there anything A7ACHMENT1 Kendallwood Es tales- Plan Commission Minutes ATTACHMENT Kendallwood Estates - Plan Commission Minutes Page 59 Page 60 1 else? 1 MR . MCCURDY : And you know, I know a lot 2 MR. McCURDY : Can I comment then? 2 of people have no sympathy for people in that - - 3 CHAIRMAN LUCIETTO : Oh, absolutely. 3 you know, but I do , you know, I have to make a 4 MR. McCURDY : I guess I ' m going to 4 living, too , and so do they, and they are 5 counterpoint Ruben because I am in construction, 5 proposing something to keep their head above 6 so I mean , I don ' t think what they ' re doing is bad 6 water . 7 myself . I don ' t see it as a problem . 7 You make them like a villain like 8 I mean, they' re not asking to put a a they ' re trying to , you know, cheat everybody. I 9 factory in , they are keeping it residential , 9 just don ' t look at it like that . I look at it as to they ' re not really changing the scope of it , and 19 yeah, they probably are in trouble , a lot of 11 the quick question, people keep saying condos . Is 11 people are in trouble , a lot of people don ' t have 12 there like a four-unit condo building or is this 12 work , a lot of people need to make money. I don ' t 13 attached single-family houses like a duplex? 13 think they ' re asking for anything that sounds 14 MR. PHILIPCHUCK : It ' s attached 14 ridiculous or unreasonable . is single-family. 1s I just want to go out because it 16 MR. McCURDY : So no condos . 16 seems like nobody ever supports anybody in these 17 MR . PHILIPCHUCK: No . Some people 17 situations and I just want to say that I think 18 envision condo . It ' s a type of ownership on this , 38 this is a fine thing they ' re asking for, it 19 it ' s a multi-story building with a bunch of units 19 doesn ' t sound horrible to me , and I don ' t think 20 in it . 20 you should try to get a million dollars out of 21 It ' s a common ownership where they 21 them out of the back part , they ' re not - - that ' s 22 own the four walls and there is common ownership 22 not part of the agreement now that they don ' t have 23 of the areas around it , but it ' s in essence a 23 to do that , and I think a lot of people would 24 two-unit attached single- family project . 24 rather not see that trail go in, but that ' s AWACHMENTI KendillwooO Estates- Plan Commission Minutes g Page 61 ATTACHMENT1 Kendallwooa ESlates - Plan Commission Minutes Page 62 1 another point that has nothing to do with them 1 CHAIRMAN LUCIETTO : Hearing no other 2 really, but I ' m just saying I think what they are 2 comments - - 3 proposing is reasonable , it ' s not really going to 3 MR . LINDBLOM: I would move t0 close the 4 change anything other than hopefully maybe it will 4 public hearing . 5 make it easier for them to sell some of their 5 CHAIRMAN LUCIETTO : Do we have a second? 6 units , and the other way is start to see stuff 6 MR . HOLDIMAN : Second. 7 that ' s all boarded up or, in their case , land is 7 CHAIRMAN LUCIETTO : All in favor say 8 going, you know, back to nothing . Some people a aye . 9 like that . 9 (A chorus of ayes . ) 10 But I just want to remind everybody 10 CHAIRMAN LUCIETTO : Not in favor, nay . 11 that everybody needs to make a living, and if you 11 (NO response . ) 12 don ' t own your own business , you are working for 12 (which were all the 13 somebody else who is running a company, that 13 proceedings had in the 14 you ' re - - 14 public hearing portion of 15 I mean , GM is going out of business , 15 the meeting . ) 16 everybody is having a hard time now, and I don ' t 16 - - -000- - - 17 think it ' s unreasonable for someone to come in and 17 is ask for yes , we did this , but now things have 1a 19 changed, and to keep our head above water , we need 19 20 to make a change . I don ' t think it ' s unreasonable 20 21 and that ' s my comment . 21 22 CHAIRMAN LUCIETTO: Okay . Do we have 22 23 any others? 23 24 (NO response . ) 24 ATTACHMENT I KenEallwoo4 Estates - Plan Commission Minutes ATTACHMENT Kentlallwootl Estates Plan Commission Minutes Page 63 Page 64 1 STATE OF ILLINOIS ) 1 In testimony whereof , I have SS . 2 COUNTY OF LA SALLE ) 2 hereunto set my hand this 12th day of August , 3 I , Christine M . Vitosh, a Certified 3 A . D . , 2009 . 4 Shorthand Reporter, do hereby certify that I 4 5 reported in shorthand the proceedings had at the 5 6 hearing of the above-entitled cause and that the 6 Christine M . Vitosh, CSR 7 foregoing Report of Proceedings , Pages i through 7 CSR No . 084 - 002883 8 64 , inclusive , is a true , correct , and complete 8 9 transcript of my shorthand notes so taken at the 9 10 time and place aforesaid. 10 11 T. further certify that I am neither 11 12 counsel for nor related to counsel for any of the 12 13 parties to this suit , nor am I in any way related 13 14 to any of the parties to this suit , nor am I in 14 15 any way interested in the outcome thereof . 15 16 I further certify that my 16 17 certificate annexed hereto applies to the original 17 18 transcript and copies thereof , signed and 18 19 certified under my hand only. I assume no 19 20 responsibility for the accuracy of any reproduced 20 21 copies not made under my control or direction . 21 22 22 23 23 24 24 ATTACHMENT 2 Kendallwood Estates - Development Agreement KENDALLWOOD ESTATES DEVELOPMENT AGREEMENT This Agreement is made and entered into this day of September, 2006 by and between Kendall Land Development, LLC, an Illinois limited liability company (hereinafter referred to as "Kendall Land") and the United City of Yorkville, a municipal corporation (hereinafter referred to as "City") (collectively referred to as the "Parties") regarding the development of the real property located on the north side of Illinois Route 126 generally between Illinois Route 71 and Illinois Route 47 in Yorkville, Illinois (hereinafter referred to as "Kendallwood Estates"). RECTTALS WHEREAS, Kendall Land is the owner and developer of Kendallwood Estates; and WHEREAS, Kendall Land has petitioned the City for final plat approval for Kendallwood Estates; and WHEREAS, the City desires that Kendallwood Estates have access onto Route 126 through a parcel of property immediately to the south known as Woodstone Development (hereinafter referred to as "Woodstone") prior to the occupation of any dwelling units on Kendallwood Estates. NOW, THEREFORE, in consideration of the mutual promises and undertakings herein contained, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follow: 1 . The recital paragraphs set forth above are hereby incorporated into and made a part of this Agreement. ATTACHMENT 2 Kendallwood Estates - Development Agreement 2, The City will grant final plat approval for Kendallwood Estates prior to the construction of the access road across the Woodstone Development parcel. 3 . Kendall Land shall work with the owner of the Woodstone Development parcel in order to obtain a temporary construction and emergency access easement off of Illinois Route 126. Said access shall be established to remain until such time as the permanent access is complete. 44. The City shall not issue any occupancy permits for any dwelling units constructed in Kendallwood Estates until the access road across the Woodstone Development is constructed, providing access from Kendallwood Estates to Illinois Route 126. 5. Kendall Land or any builders may construct model homes in Kendallwood Estates, and City shall issue permits for the occupancy of the model homes for the purpose of selling units and not for permanent occupancy. WHEREFORE, this Agreement is executed on behalf of the City and Kendall Land by their duly authorized agents as of the day and year set forth above. KENDALL LAND�DEVELOPMENT, LLC THE UNITED CITY OF YORKVILLE Title: Atte 2 ATTACHMENT 3 Kendallwood Estates - Park Board Minutes Yorkville Parks & Recreation Department Administration Office 201 AMID To W. Hydraulic St Yorkville, IL 60560 6305534357 Park Board Agenda Thursday, July 9, 2009 7:00 p.m. — Park Board Meeting Administration and Recreation Office Call to Order: Chris Rollins called the meeting to order at 7:35 pm Roll Call: Chris Rollins - Yes, Ken Koch - Yes, Kelly Sedgwick - Yes, and Vickie Coveny - Yes Introduction of Guests, City Officials and Staff: Interim Director of Parks and Recreation — Bart Olson Superintendent of Recreation — Sue Swithin Superintendent of Parks — Scott Sleezer Park Designer — Laura Haake John Philipchuck, DBC&W Ltd. John Tomasik, Kendall Land Development George Bortor, Kendall Land Development Public Comment: None Presentations: Kendallwood Estates Revised Land Plan John Philipchuck addressed the Board regarding the Kendallwood Estates revised land plan. He said that the property had been annexed into Yorkville many years ago and it was located east of RT 47 between Van Emmon Road and RT 126. Philipchuck said the final plat was recorded and at that time the market started to go away; at that point he said that the 121/2 acres of property to the south came Into the city as an E2 commercial. As a result there were some retail uses in there. He noted that instead of building up against that land with expensive detached homes knowing the current target market they wanted allow attached products. The original plan was going to include 83 single family homes however now as part of the P.U.D. they would be allowing alternate single family homes and duplexes. Philipchuck noted lots would not be individual lots but the land and surrounding area would be In a common homeowner's association ownership. This would be a lower maintenance type of product with a better price point. He noted the benefits to the park system would be that it would be a cash donation of over $37,000. Philipchuck said by combining lots would create more open space as part of the P.U.D. they would build a trail along the property line that would be adjacent to a stub street that would ultimately go through to RT 126. He said they were meeting with City staff next week about a bike path. 1 ATTACHMENT 3 Kendallwood Estates - Park Board Minutes Philipchuck said as it currently stands they would like to propose this as a green development. He said that there would be greener products for their homes such as high efficient appliances, high efficiency lighting, ceiling fans, thermal insulated exterior walls, etc. He said they were going to urge people to go with geothermal heating and cooling units' saving in costs. Philipchuck noted that it currently would be $45tODO add on that homeowners would pay upfront however over the years homeowners would recoup that back because of the savings of the energy costs. Philipchuck said that there were over 4 acres of open space in the subdivision. He said the infrastructure is already in place and they are proposing that they move this development forward and create some jobs and energy in the community. Bart Olson reiterated said that the layout is the same as it was previously and the lot sizes are close to the same; instead of single family homes they are putting on duplexes. Olson said that the City Council would be looking for the Board's recommendation on how they would collect the landcash. Rollins said that he felt it was beyond the Boards scope for them to recommend what type of payment plan it should be and felt that should be brought to the City Council for their recommendation. Rollins stated that he and the Board viewed the annexation request favorably. He said it meant more landcash paid to them and it should be up to the City Council on how to collect it. Rollins asked for the unanimous consent of the Board in favor of the rezoning request with the stipulation that they were aware that the requestor is asking for an incremental payment at time of occupancy and they believe that is subject to the review of the City Council as that is acceptable. Approval of Minutes: Park Board June 9 f, 2009 Vickie Coveny noted her last name was spelled wrong on pages one through four. Ken Koch made the motion to approve the minutes with spelling of Coveny amended and Kelly Sedgwick seconded the motion. The motion was unanimously approved by voice vote. Bills Review: Cash Anaiysis* Bill Lists (June 25th Park Board meeting and July 9th Park Board meeting)* Ken Koch brought up the invoice for the pool repair on page four on the June 251h report. Bart Olson said that the total bill for $3,600 was their responsibly to repair and not the landlord. The condenser motor for the pool broke so it had to be replaced, he said. Chris Rollins questioned the charge for the Home Pages on page six. Sue Swithin said it was for their advertisement in the telephone book. Swithin said that she had a large ad inside the front cover of the home pages and there are four to five listing within that book. Koch questioned the charge on page thirteen about the computer equipment and software for $3,066. Swithin said it was for the REC Track System and it was the second payment out of the third to be made. 2 ATTACHMENT 4 Kendallwood Estates-Recommended Trail Contribution t _H.yoratLtc4 Ip n 6 - Q to o o n p - Van-Emmoa-Rd-.24' Un - d o xt O ❑ Rfd Clq LO p � Cl 0 Cb p ge-St,O 0 0 ❑o0odo'416 ° �L y� ar s op 0 IDdE2D❑ � G, a /y� - 0 to m 1�3 Lo mop 5 0 p I - �E-Washingtom5t o 0 1 —d o10 �0 p �� Oq t i o JI, oo,00 Lai O EOrang"t_ r"I (O ' Q omOpp '� rA N q!asik-C-t Q ! Olsen3l� ❑ Rodak-St t-------� ❑m'aq o 6 0 � mm [PC,mm q COO 0 alt In PpCyq � - o y. Illini-Dr�Y id ��o 'et Colonlal-Pkwy d' Iz UE WI: MI a o<5S Share for 2,960' _ $117,140 Cost for 360' _ $45,290 tee 1 ,qse, Total Contribution $162,430 �BeaverSl -UeetS � -�R � m' o, United City f Yorkville GIS The Data is provided without warranty or any representation or « Y accuracy,timeliness,or completeness.It is the responsibility of the Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and w Provided By Kendall County GIS appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied.to the use of the Data. ATTACHMENT 4 Kendallwood Estates-Recommended Trail Contribution COMMONWEALTH EDISON SHARED-USE PATH UNITED CITY OF YORKV/LLE,KENDALL COUNTY,IL SHARED-USE PATH FROM APPROX.500'NORTH OF IL126 TO VAN EMMON STREET CONSTRUCTION OF NEW BIKE PATH WHIN COMED EASEMENT PRELIMINARY ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST TOTAL LENGTH-2,960 LF PAY ITEM INFORMATION UNIT 0 DESCRIPTION UNIT COST QUANTITY COST 1 EARTH EXCAVATION CU YD $35.00 1,980-01) $69,300.00 2 TREE REMOVAL EACH 600.00 15.00 8,000.00 3 POROUS GRANULAR EMBANKMENT TON 35.01) 350.00 12,250.00 4 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION SO YD 2.DD 3,290.00 6,680.00 6 PERIMETER EROSION BARRIER FOOT 2.00 5,920.00 11,B40,DD 6 AGGREGATE(PRIME COAT) TON 20.00 10.00 200.00 7 _ BITUMINOUS MATERIALS(PRIME COAT) GAL 2.01) 1660.00 3,300.00 8 AGGREGATE SUB-BASE COURSE,TYPE B,CA-6,10 INCH TON 20.01) 1,920.00 38,400.00 9 BITUMINOUS CONCRETE SURFACE COURSE,SUPERPAVE,MIX D.N50 TON 80.00 670.00 45,600.00_ 10 RESTORATION 30 YD 6.00 4,940.00 29,640.00 11 6 X 12 BOX CULVERT FOOT _ 1,600.00 100.00 150,000.00 12 FURNISH AND PLACE PREFABRICATED PEDESTRIAN BRIDGE EACH 30D,000-00 1.00 300,000.00 13 GUARD RAIL _ _ FOOT 480.00 20.00 9,600.00 14 STRUCTURAL CONCRETE(ABUTMENTS) CU YD 11000.00 100.00 100,000.00 15 PAINT PAVEMENT MARKINGS L SUM 1,000.00 1.00 1,000.00 16 REINFORCED CONCRETE PIPE CULVERT,15 INCH FOOT 65.00 60.00 3,900.00 17 PRECAST REINFORCED CONCRETE FLARED END SECTIONS,15 INCH EACH 760.00 5.00 3,750.00 18 PATH SIGNING L SUM 2,600.00 1.00 _ _2,500.00 19 LOCKING COLLAPSABLE BOLLARDS EACH 1,600.00 2,00 3,000.00 20 TRAFFIC CONTROL LSUM 15,000.00 1.00 16,000.00 SUB-TOTAL CONSTRUCTION COSTS $814,860.00 CONTINGENCY $81,490.00 DESIGN ENGINEERING $81,500.00 CONSTRUCTION ENGINEERING $65,200.00 MATERIAL TESTING $16,300.00 R.O.W.ACQUISITION $D.00 EASEMENT DOCUMENTS $10,000.00 TOTAL $1,159,050.00 G.Tubft%Y.d 11. nY00703 C.EdR,,.0w.ITobtENG4&V.t.of Costf.Agfe dllv€&"pW 126 ATTACHMENT 4 Kendaliwood Estates-Recommended Trail Contribution COMMONWEALTH EDISON SHARED-USE PATH UNITED CITY OF YORKWILLE,KENDALL COUNTY,IL SHARED-USE PATH FROM COM-ED R.O.W.TO BENJAMIN STREET ON VAN EMMON CONSTRUCTION OFNEW BIKE PATH PRELIMINARY ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST TOTAL LENGTH-360 LF PAY ITEM INFORMATION UNIT # DESCRIPTION UNIT COST QUANTITY COST 1 EARTH EXCAVATION CU YD $35.00 240.00 $8,40D.00 2 TREE REMOVAL EACH 600.00 0.00 3 POROUS GRANULAR EMBANKMENT TON 35.D0 50.00 1,750.00 4 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION SO YD 2.00 400.00 600.00 5 PERIMETER EROSION BARRIER FOOT 2.00 720.00 1,440.00 6 AGGREGATE(PRIME COAT) _ TON 20.00 10.00 200.00 7 BITUMINOUS MATERIALS(PRIME COAT) GAL 200 20000 40D.00 8 AGGREGATE SUBBASE COURSE,TYPE B,CA-6,10 INCH TON 2100 240.00 4.80D.00 9 BITUMINOUS CONCRETE SURFACE COURSE,SUPERPAVE,MIX D,N50 TON 80.00 70.00 5,60040 10 RESTORATION SQ YD 6.00 600.00 5,600.00 11 6 X 12 BOX CULVERT FOOT 1,500.00 - 0.00 12 FURNISH AND PLACE PREFABRICATED PEDESTRIAN BRIDGE EACH 300,000.00 0.00 13 GUARD RAIL _ FOOT 480.00 0.00 14 STRUCTURAL CONCRETE(ABUTMENTS) Cu YD 1,000.00 0.00 15 PAINT PAVEMENT MARKINGS L SUM 1,00(1.01) 0.00 16 REINFORCED CONCRETE PIPE CULVERT,15 INCH FOOT 65.00 - 0.00 17 PRECAST REINFORCED CONCRETE FLARED END SECTIONS,15 INCH EACH 760.00 0.00 18. PATH SIGNING LSUM 2,600.00 0.00 19 LOCKING COLLAPSABLE BOLLARDS EACH 1,500.00 0.00 20 TRAFFIC CONTROL LSUM 5,000.00 1.00 5,000.00 SUB-TOTAL CONSTRUCTION COSTS $31,990.00 CONTINGENCY $3,200.00 DESIGN ENGINEERING $3,200.00 CONSTRUCTION ENGINEERING $2,600.00 MATERIAL TESTING $700.00 R.O.W.ACQUISITION $0.00 EASEMENT DOCUMENTS $0.00 TOTAL $45,290.00 G:NUNIdYmkm1 VNMYOOM3 Co dR6m.Wnm T.TRENG11E66mhof Em.on Platted BFAMhn, Pbh,d:J,, 36 Weh:OSPHf-®drq;05091-PB.dry:p•A191 vcdn8:09pRK-s6e.da9:090RM-etlxldp;EVltlin9 Syn6elx mw II3dw9 magalamwJlt2W2 AmIOLy8:06R59Bllt. CoMN RW(Y:\J @e\GMTttt W9\090206 ROLL Kandoliwed FslaVm P00 ReNalana\Pad\Slte\dau\p50181 p:e-enggxg J, LvAAA Tap:090246-pe-01, PRELIMINARY ENGINEERING PLANS PREPARED FOR: KENDALLWOOD ESTATES P . U . D . YORKVILLE, ILLINOIS, KENDALL TOWNSHIP, KENDALL COUNTY SECTIONS 4 & 33, TOWNSHIP 36.37 NORTH, RANGE 7 EAST EXISTING ZONING • (CITY OF YORKVILLE, R-2) PLANS PREPARED FOR: KENDALL LAND DEVELOPMENT LLC 90 ASHKIRK COURT INVERNESS, ILLINOIS 600 '1 O PROJECT CONTACT: MR. JOHN TOMASIK PHONE: (847) 651 -51 10 FAx: (847) 297-9965 SITE LOCATIaV MAP PRO.ECT AREA SITE a5VCAMAOIC A? BENCHMARK #i - DLO KENDALL COMES COUNTY COURTH RI IN THE SOUTH J W S WEST CORNER OF YES, NEAR SIEGE EM MAIN, 1IN I 1 FOOT OFF OF THE SOUTH WEST D, EST. TANNER. •'„.., 2 - ;✓ Y ; A BRASS 642. FETISH WITH GROUND, EST. IN 1829. ELEV. 542.61 Im 'b. ISER 1 BENCHMARK #2 - SQUARE CHIT ON TOP OF CENTER OF NORTH HEADWALL �' ! `a A)NdH ..n 100'Ltl0' OF TWIN REINFORCED CONCRETE PIPES LOCATED ONp`„ ,. ) -; s;. •a „ VAN EMMON ST. 1 ,170 FEET EAST OF MILL ST. ED ¢ N .._- 15 FEET SOUTH OF VAN EMMON CENTERLINE OVER - , UNN@IMED CREEK. ,HSRA201 A ,G £ tFe�'S ELEV. - 585.44 aemx .N � ' ✓ y14FJ 66a CONTACTS/ '; PETER J. HUINKER P.E, GENERAL MANAGER OF LAND DEVELOPMENT Y,gt (630) 55-7-7560 KEVIN J. BERRY, P.E., CIVIL ENGINEER III (630) 553-7560 sCAIE mr: j CRAIG L DUX. P.LS., SENIOR STAFF SURVEYOR (630) 553-7555500J7L��L 1. SHE LICHENS IS EXISTING AND WAS INSTALLED PER FINAL LtrY-TOWN HIPO�ORKNLLELIIENDALL 1Nf CALL JULIE 1-800-892-0123 CouNTT KENDALL axe pppw ENSINGETUNG D PLANS EKED KENDALLN'OOD ESTA7_8 OF 1-y SEC h 114 SEC ND( YORKNLLE GATED OZ-)9-OY v tT1 a aB nwrs teldre you Dg 2. SITE SRNAGE IS ROSRNG AND WAS INSTALLED PER FINAL (Faeludly SE, Surt kYpNoA,J ENGINEERING PLANS BOBO KENDALLWOOD ESTATES OF �^ i YORKNLLE DATED 07-19-OY. { am 3. SHE WATER MAIN IMPROVEMENTS ARE E)iISTING AND WERE earev ne err INSTALLED PER ANAL ENGINEERING PLANS IDLED KENDALLW00D £5747E5 OF YCRKNLLE DATED 07-19-07'. Pk'13IMlNARY - NOT �R �ia .JTI�' �T/QV 4. SITE SANITARY SEWER IMPROVEMENTS ARE EXISTING AND WERE DATE JUNE 26, 2009 E INSTALLED PER FINAL ENGINEERING PLANS REO LEV+ KENDALLNVOD ESTATES OF YYNNISLE DATED 07-19-07'. 5 SHE STORM SEWER AND STORMWAG£R MANAGEMENT ems FROPOSED IMPROVEMENTS ARE GAINING AND ft£RE INSTALLED PER FINAL SANITARY MANHOLE ENGINEERING PLANS FRED KENOALLWOOD ESTATES OF YORKNLLE OA LEO 07-I9-0Y SANITARY SEWER —�— —�- STANDARD ABWEVIATIONS STORM MANHOLE 6. ALL INANCEEUNLES SHALL BE PER CITY OF YORKNLL£ O ORDINANCE UNLESS VARIANCE 15 REOf/E5G£O. Y - BACK TO BACK OF CURB STORM CATCH BASIN B.C, - BACK OF CURB STORM CATCH BASIN INLET ° Z MINIMUM TOP OF FOUNDATION ELEVATION SHALL MI 3 B.S.L. - BUILDING SETBACK LINE 4 HIGHER THAN PROPOSED CEN]£RLINE GRADE AT MIDPOINT OR. - STORM CATCH BASIN FL'A'RED END SEC70N d OF LOT. O.£ - COMMONWEALTH EDISON CO. STORM SEWER � P 8 ALL EXISTING DRAINAGE PATTERNS SHALL DE MAINTAINED AND DL - DRAINAGE EASEMENT ALIT ✓ERT ALL DOTTING FELL TIES SHALL BE FED INTO ME PROPOSED E-E - GODS TO EDGE OF PAV_MENT STORM SERER SYSTEN. E.P. - EDGE OF PAVEMENT DRYWELL ES - EDGE OF SHOULDER VALVE VAULT ® B 9. LOTS 7-51 ARE PROPOSED TO BE SINGLE FAMILY LOTS 1-5, F.E6 - FLARED END SECTION 52-83 ARE PROPOSED TO BE ATTACHED NLLAS IS.T - ILLINOIS BELL TELEPHONE CO FIRE HYDRANT TT LE - LANDSCAPE EASEMENT WATER MAIN —r- M.H — MANHOLE (T E SPEYTFIED ON PLANS) WA TER MAIN ENCASEMENT `�AL NOTES, R.6M.E - ROAD CONSTRUCTION & MAINTENANCE EASEMENT R.D.W. - RIGHT OF WAY LIGHT POLE kI S.R.L. - SEPTIC RESTRICTION LINE REGULATORY SIGN 4 T.BF - Rr ENCH BAGCFEL ¢ a TS - TOP OF CURB 'UTILITY POLE 1, THIS PROPERTY IS R-2 ZONING WTHIN THE CORPORATE LI/AITS OFTHE UNITED GUY T.GE - TEMPORARY CONSTRUCTION EASEMENT ELECTRIC LINE —E— —r— OF YORKOLLE T.O.B. - TOP OF BERM UE — UTILITY EASEMENT TELEPHONE LINE --T— —r- 2, ME SITE IS SERNCED INTH CITY OF MPKK LE WATER, AND TEST) SEWER. GAS LINE —p— —e- 3 EVENING DEYENPON BASINS ARE TO BE MAINTAINED BY SUBDWSION ASSOCIATION CABLE TV LINE —t^'— �•• 4. ALL S TAFON AND EROSION ETNtROL HERNIATIONS SHALL BE ADHERED TO I) FILI TY BOX CITY S PER Cltt CF YCRNNLLE REOVIR£MENTS ■ CONCRETE MONUMENT MAILBOX P 5. NO PART OF ME PROPOSED SUBDMSION RESIDENTIAL BUILDINGS ARE LOCATED _-__—__ GENT ALINE WELL Qd MOHR A FLOOD HAZARDS AREA CONTOURS 6. NO DIMENSIONS SHALL BE ASSUMED BY SLATING. BOUNDARY ONE TREE ---------- RICHr OF WAY LINE RIP RAP GAS.THE TELEPHONE. AND CAOLE TELEVISION SERVICES ARE RESTRICTED TO 1HE UFOTY EASEMENTS AND SHALL NOT BE PLACED IN THE ROAD RIGHT OF ................._........................._. LOT LINE SILT FILTER FENCE WAYS EXCEPT FOR ME GROSSING THEREOF. FENCE —'— e. ALL ROADWAYS HAVE BEEN INSTALLED PER ANAL ENGINEERING PLANS TIRED BUILDING $EIBACK LINE DRAINAGE ARROW ••_•� KENDALLWOOD ESTATES OF VORKNLLE° DATED 07-19-OZ ---- ----- - - EASEMENT LINE j 100 YEAR OVERFLOW FOSENG DEWLOPEMENT ( 100 YEAR STORM SEWER OVERFLOW U• 5 W.M. STORM WATER MANAGEMENT 09SMG T"YFICA. 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III_ 4 eRII INCAS �. ,� \ Peal I X r I r .y ra <e"s 5 � S . sNF .n i — 1 TET ff + bFe n ]R FF. - ° J _J — - CO m.c —iror CIA I 1 w ec[T 1 p I E11h OIL n dA REVSIMS IIIIrcNe Pn11B991CMI Design RmV#184-00 0108 HORIZ. SCALE: OATS: SEC Group, Inc. PRELIMINARY ENGINEERING PLAN VERT. SCALE: SUBMITTAL: / __._ Engineering - SmAnInIg• Planning • LarWneaPe fu [IxcLre DM. BY DON BY CHX BY 651 Pnilrle Pdnb Drive SulIn 201, n_f_ P iB CAI- 5 Yera„Ire Iulndsli KENDALLWOOD ESTATES P.U.D. J _` PROJECT No @ o _ t60553.7MOr1111os .7M xwe YORKYILLE R ILLINOIS ssogm inInmm yr. SHEET NO ICI •MWevII.1L •YdMl8,IL •N•IILBrW51L •CMC3gofL EXPIRES: SHEET ORIENTATION 2 OF 4 a_, old, TOF. . ij,,e i N a LOA or v5 tih` T 9` . 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PROJECT NO _ ImiIwR5]580£ 030553.7698 6 . wxwsecgr°ualncmm YORKYILLE, ILLINOIS f r SHEET No 10 •Mtllenry,IL •Y°IkLtila L •NmUno;IL •CbialpIL EXPIRES: SHEET ORIENTATION 3 OF 4 U9 0_[.' t av3: > E ...exq"e¢t Dynes, a Eu� V2JDTCL�RSPB.M1- Y 2J�9,W0.<S /SL 4 otl EI var N om\_oa\i u' asp\O5� 9:pYa e AAA@ FNrSa FA' I FAI _ r � -VAN EMR.YOFIRORI?' r i o BISIR o STAFA, r IT c� v ,o Lv io u A _- -- ATMAkf 'sin —�— OY _ E 1 ¢ 3 C c,r f ARIAS A 5 . 3399YY _r e 11 r PAT V I p. I"DIL TIFF x}a ' s — 3 By &&,&NMI bAFTS OF Y FS 'O PU/N V l L RAF AAA T Fl FI FAJAI m 1 ' J .YV ' 1 0 O � RA ITP o Vd'it0 b STAADdkD d�RGbd TICA6��, IF F -Al 11 'A, M IIAIAIII All AT "I 110 TO IT I 'IF Furl "FAIVO p 50 1 0 ^T04 ; . F 7 TTd P32 . J ap Y �„ z �A 6 T(Y6^l 61MG F FL LOW L A'L 11 V C / / "� I N OJR 0 ROAD W Y � - AOl SG 0 / f SI / l coT . r, + i ROME D a n q FEET 'y _y a EI31 , I 1 7 1 Fs ,,, : 'Tiro REAR TO FFJNT 0 cLI L0,7�3� h ® IT FAI I . LY5 , LOT 37 E -}A' 13 0 Dean..,rzo xErt+ M--R, -- - LOr � I XXS 4t l $+ 30;1 �? yam, Z AN - LOT 3s NRL 62A IA, FRrL 62a n , a ¢ _ INO-p 84 � f / L 30 I I 13 I i j+ SYOJ 1 '.0 1/ /� re - I LOT 39 el :d2 {Tm,l [ � -1 ^ v a TA IT I IT <� :� li 1 IFr ¢ �� LOT v 1 1'.3 t'�/� .�, / MA4A, I I AT I LOT 40 dal 1 A i �-I-__ n a s-o sr�r A A _ .. . .,All , CA OI e i .. A §t'-. 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VERE SCALE Su6NITigL:" J = -- P PRELIMINARY ENGINEERING PLAN owr Er DsN er cHX By .. _._.__.... rl Engineal/g• Swreyi,g • PlanMn9 • LaMaeape PtClileWre fi81 Prel4e Polnle DXw.SONe A1, n f e B VP L.F d _ _ roallle, nnnaaeosm KENDALLWOOD ESTATES P.U.D. _�.�. PROJECT No t 830333.>SBOf. 630.833.]S18 I „246 wwwse mOpincmm YOR"ILI_E, ILLINOIS fs SHEET No s WoHen yll. ftiWIIe,IL •Newt ll, •CM1imgo,IL EXPIRES: SHEET ORIENTATON 4 OF 4 irlIII RENNOW01 Men P"x 183MA1m SEC GROUP, INC. SEC GROUP, r PII • laMempa AlONNeC11rte ss1 Flom.Pam.al.a ranmll.,afi36w L e3o.wiTau��;ss1. d�;re.nre0o�^�p.�.�;n COMP. TAIL. OSA9 -Wd An No! OS2304e19 Hqi F05019T-01 NEW 0.50191-Of PRELIMINARY PLAT OF Vim" "m w KENDALLWOOD - -- � R i ESTATES P . U . D . YORKYILLE , ILLINOIS KENDALL TOWNSHIP, KENDALL COUNTY SECTION 4 , TOWNSHIP 36-37 NORTH , RANGE 7 EAST EXISTING ZONING - (CITY OF YORKVILLE , R-2) PLANS PREPARED FOR: A"`'"q<-,Tr' ! ••-- 1 I r ,-.,, KENDALL LAND DEVELOPMENT L.L.C. I 90 ASHKIRK COURT ' INVERNESS, ILLINOIS 60010 �z u PROJECT CONTACT : MR. JOHN TOMASIK f PHONE : (847) 651 -5i IO FAX: (847) 297-9965 w., 1 :Y. ^ na IF ee IF, Ma. IIt�C, a I MINI J��lll AS I xi :?ammaae. uwa+l+a e _9 .aamK U+, 1 � 1 �,RODAK -012155 ._. s __ �. 1. ANNOTARON BUILDING SETBACK- u BUILDING PUBLIC GK LINE 1O^ P.U. = POI = PUBLIC UTILITY & DRAINAGE EASEMENT r 1 FOR N = PONT OF BEGINNING POC = POINT E COMMENCEMENT S.W.M. = STORM ASE£R MANAGEMENT !q' , A E - ACCESS EASEMENT 1 2 THE SUBJECt PROPERTY IS (THIN THE CORPORATE LIMITS OF ITS UNIEO CITY OF YORKNLLE. m. 3. 5 18" 9££L R005 TO BE SEi ® ALL IXIERIOR CORNERS UNI£55 ORIERINSE NOTED. 5 18" °•' I I j�..�,j „� ..9+ 5T£EL RODS WILL BE SET AT ALL INTERIOR CORNERS WITHIN 12 MONTHS OF RECORDATION. cC; I1 0,a, 4. DIMEN90NS ALONG CURVES ARE ARC INSTANCES UNLESS ONIONIASE NOTED. / 1 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. IF 5. ALL BEARINGS AND DISTANCES ARE BASED ON A LOCAL COORDINATE SYSTEM. / r Z C ZONING /5 R-2 IT OPEN OPEN SPACE TO RE OWNED AND MAINTAINED BY HOMEOWNERS ASSOCIA ETON. IT BEARINGS ARE BASED ON LOCAL COOROINA)E SY51£M / �. / Y e ( 1 \ F v '\ mx I BENCHMARK YI Y 00 KENDALL COUNTY COURTHOUSE IN THE SOUTHWEST CORNER IN' YARD, NEAR PIECE 1 007 OFF C THE WITH ROUND,SIDEWALK ST. I CORNER. \ ` / ) /'\ '� V = 64 .61 DATUM = MAW 29 T. !N 1923 \ A BRASS ` C FLUSH WITH GROUND, £S BENCHMARK /2 Ham"DI CQVrOF SWAR£ CUT ON OUR OF CENTER OF NORTH HEADWALL PETER ✓ HUINHfR P.E. OW£CIDR OF / OF RNN REINFORCED CONCRETE PIPES LOCATED ON LAND DEKLOPMENT - YORK ILLE \ J . 0''I / �� ,g - VAN EUNON ST 012E UNNAMED CREEK 1,110 FEET £AA OF (630) 557-7550 �A MILL ST AND 15 FEET SOUTH OF VAN ENSIGN SL CENTERLINE A, ELEV = 585.44 DATUM = MAW 29 KEPIE..N J START P, . CIGL ENGINEER III 'L 4' E (63D) 553-]560 oy / � IF` \ ' / CRAIG L. GUY. PL.S, SENIOR SURVEYOR LOT YNDTHpT (� (670) 553-7550 BUILOMGSETBACK q� ,` \ / --------- CENTERLNE _ LE W 1 N/p 26 8000 N BOUNDARY LINE 2 x/p 27 0083 SRK+YYE FAMLLY OETACL£D LOT 3 NIA 20 85.14 l/ - RIGHT OF WAY LINE SETBACK ASI EAMIMT DETAIL 4 WA 29 GETS /` a , \ - AEI. LOTS S✓BL. A w Kl0 )POT 5 N/A 30 80» C \ • \ ` / LOT flN£ F{N'�T !£iA NOS A(LA 7 WA 32 20107 ,4`°° - - BOLDING SETBACK LINE LR6!7 O11GM@ AOTID 8 9200 33 ET,S] N, a LY .° c" 1 " I. usvpTOrvwva+5 a5£ m1uL uwLa OmmwA ,wpca Wu 910OGO 341030 ---- EASEMENT LINE L WHOM NTT STOOL CLOVIS FAI SC IE4S OR WARS 10 82.53 35 8000 i V`Vly . _. . .. . . .. ..... SECTION LINE (rO Z!AOf ax) umry l AND VSAPXA¢ EASVP'cswu x ll 80.00 36 80 C4 \ 12 80.00 - 8005 ffi Y \ j 0.5uE 13 8037 30 80.00 (411�C�`1 IoY ` \\' --- EXISTING R.O. W. LINE IrfO 0'0¢05 14 %7.00 39 11879E J �f 15 7646 40 LUM .--.. 16 7502 41 S1 C( A PUBLIC UTILITY AND DRAINAGE EASEMENT. IN S aY¢E� -7. T , ' MUR 17 7202 42 H3PP /1/ ACCORDANCE WTH TH£ EASEMENT PRO09ONS 11 I Srenw 18 8307 43 8094 b,P,S / 1 STATED HEREON, 1S HEREBY GRANTED OVER ALL 11 Ir--�I F--- UNS 19 99.66 44 GOZU 2p 1 ) AREAS OF L07 1, 2, 3, 4, 5 AND 5 (EXCEPIMNG I� c I11--10 EST I I 20 SOSO 95 80-00 THEREFROM THAT PART OF SAID LOTS ON VML,H A 1 I t-IgA LOT WIN MO�A 1 2t 80.00 46 IS! �,H°"'V -' PRINCIPAL RESID£NPAL BUILDING IS TO BE ( L41 . I w CMIM I I 22 7677 47 ` CONSTRUCTED). E I ' rs c,I rtRl 5 DMLE 23 82.00 48 \'IF WM M£ RECORDING OF THE FINAL PLAT OF TO' OtrUE'I QV-J"II T1` --�I 24 80,00 a9 25 SAW 50 KENDALLWOOD ESTATES PUG, ALL EASEMENTS, _ _ 51 "',' DEPICTED ONVTHE FINAL PLAT E KEN ALL0WD00 LI rx0.v Si I° ESTA TLS RECORDED DECEMBER 14, 2007 AS vN` CORN£T41a ,�a DOCUMENT N0. 200]0003554] ARE HEREBY _____✓'"PST 'WRVS LENGTH RADIUS CHORD CHORD BEARING VACATED AND ABROGATED NOT TO SCILE <WE Cl 2033 2500 1977 N45-IF7OSE C2 23.13 2500 22.32 . N64-14'06'W u Lgro t� r C3 I 3827 2SOO 3536 313•5V03'N aq Ca ARM 2655 4204 SG4.40'34•E C5 21.76 2500 21.08 NoF37'IWW � LAND USE ACREAGE TOTAL ACRES DENATY UNIS C6 %6 2500 2108 SIIMT SW - -H'].. - SINGLE FAMILY DETACHED 17.77 ac. 35F 2.57 tiv OF MET 45 O a3.t7 2567 3526 N9822'12'W L Q J" ` q.� "' SINGLE FAMILY ATTACHED 12.46 qc 249 6.10 du lac N£T 76 CB 3688 2500 3363 N50.31'ID'E �.q \I IFFY 1 g CP£V SPACE 440 cc. AT C5 44.00 25.00 3554 538.23'15'W \t;\ RETENTION' - 668 ca 137. C10 37.05 25.00 33]5 SMS74358'E \ \ INTERNAL POW 1 S37 a0. MA cU 6366 60.00 60972 95'2U50N \ \ S '^O LOP 56 NOT BUIIDABLf OB/ ac. W Co 3597 2500 35.14 N89'36'30'E �`A( DESCRPT((,YL/ \ \ 9 ^O ry '*' TOTAL GR055 ACRES SL49 OIL IOOf. 2.35 do oc GROSS I2T CIS 3957 2500 33.57 SOOYU 2M'E ALL OF K£NOALCVAJOO ESTATE$ ASUED/NSION OF PART OF \ UL"', AVERAGE SINGLE FAM. OEIACHED LOT SIZE.' 17,355 sq. R. C14 3534 2500 32.47 504.07AWE �\ \ C15 3L60 2500 29.53 52129'08'0 / \ MAXIMUM SINGLE PAM. DETACHED LOT SYZE, 31,597 Sq. It THE NW 1 4 Z DEC SEC 4-76-Z AND PART OF THE SW 1 4 OF /\ \ DEC 3J-3J-Z RECORDED AS DOCUMENT NG. 200700035947 \ -C, MINIMUM SINGLE RAM. DETACHED LOT SIZO 12166 aq. ft. CI6 1691 111 1829 503.23'6'W \ \\ - CO ]562 10400 TG61 N23'12'26'M ON KENDALL DECEMBER 14 2002 CO..RI£ UNITED CITY OF YORXVILL£, CIB 363 100P0 36,21 N09-44'4TE XENDALL NF., KENDALL C ILLINOIS �,\ C19 3886 203900 3532 N862T37'W PRELIMINARY PLAT OF 120 170.13 10000 LHAS S4225'151E PREPARED ON 06/25/09 La f14948 17COO 1oT.rs x2rsa'vs•W I�NDALLWOOD ESTATES P.U.D. L22 27500 168.37 527.54'GO' PREPARED 9Y: YORKVLL'E. KENDALL COUNTY, ID000 7200 566'04'TO M a asvD a5zz Nsys9'19•E ILLINOIS Cgs 3vo 00 5450 s6a•vzasv¢6 3 100000 11975 Nva•33zD•E GRAPHIC SCALE C 7 8 200.p3 14575 539.4'49.5 CRAIG L. OUT _ RiS DMN BC TNT: DATE PHD.IELT N0. q 200.0o 103.65 rvt6'OB'SPW IWNOIS PROFESSIONAL LAND SURVEYOR . LD 5 29 OR 050197.01 29 50000 8180 ND3'33'aa'E No. 3359 (EXPIRES. 11/30/10) HORR SLATE SHEET NO. C3a 2 50000 V610 50153'18'5 Ca9 450-00 92932 N16'2T30'E ( 1N tEER )AO T L32 7 Io000 142.26 50023'22-E 1 ixh = 160 rt 4 LHK BM INL Y4R SL/1£: ) Of Q OLD Aloe PmbtiwN OeYpnflimM t&-Cm109 PRELIMINARY PLAT OF SEC GROUP, INC. KENDALLWOOD Eylneenng•$ gnB• Plernl g• LHMa epe ArcNltadure 651 He'ae RYMeMw,YakNlle.ILE0.W0 Lmasarm6 FmosaTeu NxYLe6tgW91Tmn eRtl°eenlN®wwNwecmm in ESTATES P . U . D . TNP "`_;"°" °° °` 66230 ° PLOF 050r91_N YORKVILLE, ILLINOIS KENDALL TOWNSHIP, KENDALL COUNTY SECTION 4, TOWNSHIP 36-37 NORTH, RANGE 7 EAST EXISTING ZONING - (CITY OF YORKVILLE, R-2) AN EMMON 710 "W )CIOAD N85*179 / 1. axNOranw na6xMa11wls - � 64 = aVMINC £T6FCK UNE / P.V a Lr. - F PUGUC DRI WINO a nxANacE Ea4MEVr 33 HEREBY CITY OF 7rO ex = PONT CK n6fJNNINL / � l°ll POC = Paxr A' CwR ANAVAi+r 70 UNITED CITY OF YORKNLLE SNN. - CELRN ASNSQNNIaWAFNT / Av. = ACCESS WTIN I Z. ml5 reWFrem LgPPOiAR UuNS OF ME vw 2D om OF R1PNN[!E / AT S Sm SAR RWSBE SITE AI ALL M,ERNAL` COANSITS W'MNL12 MONRYS OF AEOGWOA9M t gMENAgIS ALMIL CURRIES ARE ARC NSTANLLS MASS OMERIVIS£AANSG NI FAD 5 NO LIM6NSVAVS 9iNL BE ASCA FT BY SCMWGL I eB, 6 ALL M NCS ANSI RSTANCES ARF HASED ON A LOCAL OOP]OINAIE SM79 OR R Co > RNm fl w wm ANO MAIMANFD 6/NWmWJERS ASSOCIAnQM (� / A HFA%NCS ARE HASED p! 10.^aL COXNANAT S131EN 257.22' N85016'54"W AREA I-OCAT701V MAP J 1 rOZ9r' I I I I A? 'I¢ia Fo' PU '-� / IsJOe91.34' N85017'22'W A LOT 12.286 SF `I 10' L L 1 °I i OT 35 1 Q I 7$246 SF. r 3 " Lusr _f i 'v I s pN.p Y]'JBW — —75a 09= �I (\ 40,007955E ' tses]]se•E N Il (TO BE covrEYEn1 y^"°�' LOT 33 - T NI o ro m£ HO.A.) � 2 12 r95 S.F o " ^ LOT 36 f °m GLCULATEb b y V 12.691 SF. (/ SNDYBY SECJ , „ l 2J NB°3O 55'W / b° b / T �N W Ip� rSBZbZ qSf 5, LOT 32 ° Jiro 1.60' 12528 S.F. Ir$ ' 48.00' _ I' I � 50', , LOT 37 �^ _ 502'442' p� �61.,J'� rq°�' 1$943 S.F. I, ° 20 U 'it N>B TS'41 W I V"l 5A 'b 2 • p 6} I 0 I �s>B7s 'e J� LOT 58 e LOT 31 117�;g l M1 30,339 S.F. I e , 73.18] $.F. gLI� "j T' 0, / STORMWArfR MANACEMfNi Far, fII}l ILOT 36E HE Be caWErED To THE H 0A) m + an"N]HZS:/rlPBL q lj1` i09630 °' 7J zoo LOT 39 / 223 a2L. _ ,nLb —arI CLOT 9 Ito to I . 2C HU, � I N I LOT 29 BB TSb Ei z 1 H69y62 =w5 LzL 25 LOT yQ�V� LOT 40 I I Sa ' J \ 20,524 SF ' I P — — _ \ I i of 20' NSS-4 'SJE 60 I 1 ! a L — �-" 262I -4 _ o / ]iRi 1 5 N]}A}SIP co, G�5 I N 2gZ2DSD 13. \ / D 58 10,526 E / I I n° to L0T 28 2&2645F 0 °y]3c, 7 is&i3 \\ 66005� 8iLC51 ]q 56 96�cn 5 / � LOT 42 I 57}'00 LOT 27 53W / 74.705 SF. 31,597 SF O 373 Y . LOT 41 21,228 Se R25' DRAIN r°0562�y06 LOT _ ..._ ...__.._—._._ EASEMENT fii =;\�� 18, 3 SF. / �se6arsJ 35, x 1I II 32A LOT 43 / � N 1 119 ww3. p °' 0 _ 2 309 ` 19,4]0 S.F. ww 565 ul° 18,905625 \1'1" 1m I� 1 —79ZHi 79.92' 156.Jr mN� N86'a5'12'f�' �� SBase'CJ•w � I _n I — � - 1 30,269 5 F �f LOT 24 p�¢' LOT 44 I / ' 6200' { 12536 EF pl p tp ly 1seaJ S.F. �mo 9]669'2 eal' 10' £1 �S N28O A I — 15669 —r92Se'— 111 r` N Btl659 E \" C 0 —1 588'48'03 W— I r ,—'N88'49'OY£— Yl ee : o p 4 �LOT 18 8 LOT 23 N 1� LOT 45 to � 1 Im 1LO2 16 & l4,]II SF. g 12,843 iFp. ! 1 Ig I8 15,395 SF — CENiE.4UNE J �^ O 0. I .(� T— IS6S6� J a — I92.49'INBB'49'OSE- BIX/NDARV LINE /� `2 \j�JO 6]2 1 }Y T —SHH$Y'02JY V 5 N88' °E RIGL T OF WAY LINE j� V° b ' �It N r �' `sr r °9 r \ y9 r LOT 22 �' £ LOT 46 i LOT LINE '� SJBa W� 5 `I * 1a,3995E ,I 1ul 1$169 SF it to BUILDING SiUACK LINE — _16 I 1 0 LOT 15 &1 on'— — IrzzY--T — — — EASEMENT LINE ` — 15,451 S.F. 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MQ IQ DOLE e`1 n safi':>zT"W— \ 20,45] sF ,0 ' _ o r — J 3 la ,' uo-uE� — fir F . HAN SEE SHEET NO.. 3 FOR CONTINUATION ATTACK ,G flbL UNE PRELIMINARY PLAT OF NIS aR log KENDALLWOOD ESTATES P.U.D. srreANP` LOT WnIN (mTc IS CALI I� GRAPHIC SC A PUBLIC UTILITY AND DRAINAGE EASEMENT, IN YCQKVILLE. KEN�ALL CCLkYIY. VASS O. E 10' OdJ ,R 5 O.euc ACCORDANCE MM THE EASEMENT PRO ISIONS STATED ILLINOIS 4u L— —_131' L HEREON, IS HEREBY GRAN= OVER ALL AREAS OF ,Ttnw- N LOTS L 2, S A 5 AND 6 (EXCEP rMC THEREFROM SA7 9 ACT . 3' I M tool 1 PART OF SAID LOU ON III A PRINCIPAL REY}ST15 j D" BY: MT: DAIS PRQ[CT NO. _ RQ $1GEET 1 vve6 = 80 tt RESIDENTIAL BUILDING IS TO BE CONSTRUCTED). y Clp 6/24/09 CL ;1.01 Lart rr _ _ 2. D9i BY: TNT. Hdlg SCALE: SHEET NO. NOT NO HPF = 60' 4, LHK BM INE YEHT SCALE: 4 Of 4 13 CID MC ! 2 20 14,30 United City of Yorkville $00 Game Farm Road COMMUNITY DEVELOPMENT DWTMMENT Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 PC # APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: AU.wooD dsTATE5 Date of Submission: Requesting: p Annexation p Zoning VPlanned Unit Development p Special Use: 1 . Name ofPetitioner(s): cNDAL, tANp p� vC�PMB>JT6LC . Address: Phone Number: ! 7 — 6S7 —SI1 D Fax Number: x/17 277 0S62 Email Address: )Q6 0 +& L mna . com Relationship of Petitioner(s) to subject property: /Owner 0 Developer a Contract Purchaser 2. Name of holder of legal title, if different from #1 : 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: Jqr (ii). Zoning of surrounding parcels: 41 North: � ti✓' , . South: cxww6e�/dG East: f �GvL,rr/ West: u- 52� — �4Ck b). Legal description of property; attach L as Exhibit °A". c). Total Acreage: 1 1 \3) d). Kendall County Parcel Numbers) of property: e). Current Zoning Classification: 92- f). Zoning Classification Requested: X1(12) g). Is this property within City limits? k_ Yes No, requesting annexation Umlcd t'ny of Yorkville Annexation, KID, Amning, Special Use Applicalion Revised: 129.09 as 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' 1 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: lc M /zyk , KCS wc27/ 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: 7. Does a flood plain exist on the subject property? 'VO 8. Do Electors reside on the subject property? XO"15� 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: QOOF J FIJI LL ! ( CHV CK Address: Z2 3 4:09a AA69tWO2'fle Phone Number. Fax Number: L��O' j � S' CJSS Email Address: 1P el�ew . vl., Engineer: Name: SFfl7f1 �i!/Y�itIGE�/�� Address: ✓2;�/ ARO'5di9WP W, Phone Number. 630 'S`53 6�O Fax Number; cfoW f3S3 ; 449� Email Address: vrcr S cd+Qe✓Airc . cowl Land Planner: Name: 45H*/W E.4/CrrR1zci5A/1/ r Address: Phone Number. 'VAwjr Fax Number: Email Address: 3yA�, Umnd C1ty of Yorkville Annexaltrm, PUD, Zoning, Sp:cal Use Aly�licaGOn Rmsed: 1 .2904 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 petitioners) 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 contiguous to the United City of Yorkville. Date: h9f, 2Z . a`P-07 Petitioner(s) Siggnature: (All legal property owners_ signatures must appear on this application.) Subscribed and sworn to before me this .2 2 oJ D day of A %4 y 200 . Notary Seal OFFICIAL SEAT. THIS APPLICATION MUST BE NOTARIZED, JUDITH M KOESTER NOTARY PUBLIC •STATE OF UNOIS MY COMMISSIONEXPLRES�O AM2 United Cav of Yorkville Annexation, PUn, Zoning, Special Use Application aeviad: 139.09 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: OwnerlDeveloper 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 2"d and 41" 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 ('try of Yorkville Annexation. PUD, Zoning, Special Use Application Revised: 1.29.119 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 meetsr 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 andfor 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: 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, Yorkville, Illinois 60560. Date: /01% Z?• a "'9 ignature of Petitioner United Coy or Yorkville Annexation. PUD. Zoning. Special Use Application Revised 1.29.09 Parcel 05-04-127-001 05-39-377-012 05-39.379-010 05.04127-002 05-39-377-013 05-39-379-011 05-04127-003 05-39-377014 05-39-380-001 05-04-127-004 05-39.377-015 05-39-380-002 05-04-128-001 05-39-377-016 05-39.380.003 05.04-128-002 05-39-377-017 05-39.380.004 05-04128-003 05-39.377-018 05-39.380-005 05-04-128-004 05-39-377-019 05-39-380-006 05-04128-005 05-39-377-020 05-39.380.007 05.04-128.006 05.39.377.021 05-39.380-008 05.04-128-007 05-39-377-022 05-39-380-009 05-04-128-008 05-39-377-023 05-39-380-010 05-04-12B-009 05-39-377-024 05-39-380-011 05-04-129-001 05-39-377-025 05-39-380-012 05-04-129-002 05-39-377.026 05-39-380.013 05.04-129-003 05-39-377-027 05-39.380.014 05.04-129.004 OS-39.377-028 05-39-380-015 05-D4.129.005 05-39-377-029 05-39-380-016 05-04-129-006 05-39-377-030 05-39.377.010 05-04.129-007 05.39-377-031 05-39-377-011 05-04-129-008 05-39-377-032 05.04-129-009 05.39-377-033 05.04-13D-001 05-39-377-034 05.04-130-002 05-39-378-001 05-04-130-003 05-39-378-002 05-D4.130.004 05-39-378-003 05-04-131-001 OS-39.378.004 OS-04-131-002 05-39-378.005 05-04.131-003 05-39.378-DO6 05.04-201-007 05-39-378-007 05.39-377-001 05-39-379-001 05-39-377-002 05-39-379-002 05-39-377-003 OS-39-379.003 05-39-377-004 05-39-379-004 05-39-377-005 05-39-379-005 05-39.377-006 OS-39-379-006 05.39377-007 05-39.379-007 05.39-377-008 05-39-379-008 05-39.377-009 05-39-379-009 �( X17 ( • Q 1 kVGZXoWSK / 3 2$ V*1 EMMO,V RG7 5cs7T # �9 Rlcb; 3IG' 0. N1 L ,vAY Kc cvRz>y 320 W. K,dLkAM } 7vpy 22 ytgv .32e) 6� 4 °R oQl D j eHe4YL DiopbW iV4 313 494S6V K tie 6v6w ff 6FFAOAJ 314 eZSEry w vv 4r1WR 3/K WA� d�R pQvSSE`L 4 UtM p� PL� .320 ILL //+/1 5'ie , but I 7 5 318 1L44 v/ �' Y IRIAM PAACH 3 /6 / • 11 . ,i ds ewe L0a Wj 314 11,1,IA/1 jvd uhf M V / 9 r..oFF 9 c,eN-moo ce6�K .� . ��J,v 2uM�iv �y 33 ar. 12 6" �ercac e �r190 U,nvE,wtjmJ 071 Tom PzltN K qy 8o ge P p]AaPbt G1PrQ® 7" 3 �� ,d�v LM�oar o¢ 2) . C/r` Reviewed By: Agenda Item Number J� CT Legal ❑ �� Es � Finance EST 1836 ❑ Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ E��+ El 9ooc( _ 1 <CE Agenda Item Summary Memo Title: Appointment of Successor Trustee for Variable Rate Demand Industrial Revenue Bonds (F.E. Wheaton and Co., Inc. Project) Series 2006 Meeting and Date: Synopsis: This agreement is needed to recognize a change in Trustee for this bond. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approve Agreement of Resignation, Appointment and Acceptance Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: LAW OFFICE KATHLEEN FIELD ORR & ASSOCIATES 180 NORTH MICHIGAN AVENUE SUITE 1040 CHICAGO, ILLINOIS 60601 (312)382-2113 (312)382-2127 facsimile KATHLEEN FIELD ORR LISA G. BERNSTEIN kfoL&kfcassoe,com lebLc kfoassocxom MEMORANDUM To: Economic Development Committee of the United City of Yorkville From: Kathleen Field Orr, City Attorney Date: September 15, 2009 Subject: Agreement of Resignation, Appointment and Acceptance In 1996, the City issued $4,000,000 of industrial revenue bonds for the purpose of financing a manufacturing facility for F.E. Wheaton and Company. The bonds were payable solely and only from the revenues derived from the financing of the Wheaton facilities through a loan agreement. The City is not liable for any payments due in connection with such bonds. Under certain circumstances and for limited purposes, municipalities may issue tax exempt bonds and loan the proceeds to a specific user pursuant to a loan agreement. The loan payments are sufficient to pay all debt service due in connection with the bonds. A trustee is appointed to receive the loan payments and use these payments to pay the bonds. The City has no liability and rarely is involved with administering the loan or making bond payments once the bonds have been issued. In the case at hand, Morgan Chase Bank, N.A., formerly J.P. Morgan Trust Company had been appointed to act as Trustee in connection with administering the loan payments and payments on the bonds. The City has now been notified that J.P. Morgan Chase Bank, N.A. has resigned and The Bank of New York Mellon Trust Company, N.A. has been appointed as the Successor Trustee. Due to the fact that the City acted as issuer of the bonds, the City must approve the Agreement of Resignation, Appointment and Acceptance as attached to this memo. It is in the best interests of the City to proceed to accept and approve the appointment of the Successor Trustee to permit the administration of this bond issue to continue without interruption. AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE THIS AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this "Agreement') dated as of September 11 , 2009, by and among JPMorgan Chase Bank, N.A., formerly J.P. Morgan Trust Company, National Association, a national banking association organized and existing under the laws of the United States of America (the "Resigning Trustee"), The United City of the Village of Yorkville, Illinois, a City organized and existing under the laws of Illinois (the "Issuer") and The Bank of New York Mellon Trust Company, N.A., a national banking association organized and existing under the laws of the United States of America (the "Successor"). WHEREAS, the Resigning Trustee or its predecessor in interest and the Issuer entered into the Trust Indenture[s] set forth on the attached Schedule 1 (the "Trust Indentures] "; terms defined in the Trust Indenture[s]shall have such defined meanings herein unless otherwise provided), pursuant to which the Issuer's Bonds, as set forth on the attached Schedule 1 , (the `Bonds") were issued and the Resigning Trustee has been acting in the capacities assigned to it by the Trust Indentures] (all such applicable roles being hereinafter included in the term the "Trustee"); WHEREAS, the Purchase and Assumption Agreement, dated as of April 7, 2006, as the same may be amended from time to time (the "Purchase Agreement'; terms defined in the Purchase Agreement shall have such defined meanings herein unless otherwise provided), by and between The Bank of New York Company, Inc. and JPMorgan Chase & Co., provides for the sale of the Resigning Trustee's Corporate Trust Business including the Trust Indenure[s] to the Successor on or after the Closing Date specified under the Purchase Agreement (the "Closing Date"); WHEREAS, pursuant to the Trust Indenture[s], the Resigning Trustee desires to resign as the Trustee, the Issuer desires to appoint the Successor as Trustee and the Successor desires to accept appointment as Trustee. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the parties hereto agree as follows: ARTICLE I Succession Section 1.01. Resignation of Resigning Trustee. The Resigning Trustee resigns as the Trustee as of the close of business on the date of this Agreement (the "Effective Date"). The Issuer accepts such resignation and waives any required notice thereof. Section 1.02. Appointment of Successor. The Issuer appoints the Successor to serve as Trustee, with all the authority, rights, powers and immunities vested in, and all duties and obligations binding on, the Trustee, on the Effective Date. In accordance with the provisions of the Trust Indenture[s], all rights, powers, duties and immunities of the Trustee, shall be vested in and undertaken by the Successor. Section 1.03. Acceptance of Appointment; Notice to Bondholders. The Successor accepts its appointment as Trustee by the Issuer with all the authority, rights, powers and immunities vested in the Trustee and agrees to serve as Trustee and to perform the duties and obligations of the Trustee, on the Effective Date. The Successor agrees to notify the registered holders of the Bonds of the resignation of the Resigning Trustee and its appointment as Trustee to the extent, if any, and in the manner, if any, required by the Trust Indenture[s]. Section 1.04. Assignment of Powers and Property; Delivery of Documents. The Resigning Trustee, as provided in Section 2. 1 of the Purchase Agreement, hereby confirms and assigns to the Successor, in trust under the Trust Indenture[s], all property, rights, powers, duties, trusts, immunities and obligations of the Resigning Trustee as Trustee. The Resigning Trustee confirms that it has transferred to the Successor (a) all moneys, securities and other assets held under the Trust Indenture[s], (b) all documents relating to the trust created by the Trust Indenture[s] and (c) any other information in respect of the Bonds required under the Purchase Agreement. Section 1.05. Further Assurances. The Resigning Trustee agrees, upon reasonable request of the Successor, to execute, acknowledge and deliver such further instruments of transfer and further assurances and to do such other things as may reasonably be required for more fully and certainly vesting and confirming in Successor all the property, rights, powers, duties, trusts, immunities and obligations of the Resigning Trustee as Trustee. ARTICLE 11 Representations and Warranties Section 2.01. Representations and Warranties of the Issuer. The Issuer hereby represents and warrants to the Successor as follows: (a) the Trust Indenture[s] and the Bonds were validly and lawfully executed and delivered or issued by the Issuer and constitute obligations of the Issuer enforceable as provided therein by the Successor, subject to laws affecting creditors' rights and equitable principles; (b) the Issuer has performed or fulfilled each covenant, agreement and condition on its part to be performed or fulfilled under the Trust Indenture[s] on or prior to the date hereof; and (e) no event of default under the Trust Indenture[s] has occurred and is continuing. Section 2.02. Representations and Warranties of Resigning Trustee. Resigning Trustee hereby represents and warrants to Successor as follows: (a) resigning Trustee is a national banking association, and is duly organized and existing under the laws of the United States of America; (b) from the date of the Purchase Agreement until October I , 2006, the Trust Indenture has not been amended or supplemented; (c) from the date of the Purchase Agreement until October 1 , 2006, Resigning Trustee has received no notice of any event of default under the terms of the Trust Indenture[s]; and (d) to the best knowledge of the Resigning Trustee, there is no suit, action, claim or proceeding pending or threatened against the Resigning Trustee related to the Bonds, the Trust Indenture[s], or Resigning Trustee's administration of the trusts created under the Trust Indenture[s]. Section 2.03. Representations of Successor. The Successor hereby represents and warrants to Resigning Trustee and the Issuer as follows: (a) The Successor is a national banking association, and is duly organized and existing under the laws of the United States of America; and (b) The Successor is qualified and eligible to serve as Trustee under the Indenture[s]. 2 ARTICLE III Miscellaneous Section 3.01. Applicable Law. This Agreement shall be construed under the laws of the State of New York without application of its conflict of laws provisions. Section 3.02. Counterparts. This Agreement may be executed in a number of counterparts, each of which shall constitute an original, but such counterparts shall together constitute but one and the same instrument. Section 3.03. Preservation of Rights. Except as expressly provided herein, nothing contained in this Agreement shall in any way affect the obligations or rights of the Issuer, the Resigning Trustee, the Successor or any holder of the Bonds under the Trust Indenture[s]. As between the Resigning Trustee and the Successor, nothing in this Agreement, express or implied, is intended or shall be construed to modify, expand or limit in any way the rights or obligations of the parties under, and the terms of the Purchase Agreement. Section 3.04. Severability. In the event any provisions of this Agreement shall be held invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision hereof. Section 3.05. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Resigning Trustee, the Successor and the Issuer and their respective successors and assigns. Section 3.06. Amendments. This Agreement shall be amended only in a writing signed by the parties hereto. 3 IN WITNESS WHEREOF, intending to be legally bound, the parties hereto have executed this Agreement by their duly authorized corporate officers as of the date first above written. The United City of Yorkville By: Title: JPMORGAN CHASE BANK, N.A., FORMERLY J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION By: Title: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. By: Title: 4 SCREDULEI 1. Trust Indenture between The United City of the Village of Yorkville, Illinois and American National Bank and Trust Company of Chicago, relating to The United City of Yorkville, Illinois Variable Rate Demand Industrial Development Revenue Bonds (F.E. Wheaton and Co., Inc. Project) Series 2006 executed by the Issuer to be transferred pursuant to this Agreement. 2. United City of Yorkville 800 Game Farm Road Yorkville, 11 60560 5 C/T` Reviewed By: Agenda Item Number J� a w 0.0 Legal ❑ � 5 EST 1896 Finance ❑ Engineer ❑ - :- Tracking Number -0 O y City Administrator ❑ Ir_ n Sl y`2O Consultant ❑❑ E 1b e 00CA- y 1 �2Ce �y Agenda Item Summary Memo Title: Prestwick Request to reconsider development fee payment delay and for occupancy permits for units built Meeting and Date: EDC/October 6,2009 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report c/')" Memorandum N O To: EDC From: Travis Miller EST h 1836 CC: Lisa Pickering (for distribution) Date: October 1 , 2009 Subject: Prestwick of Yorkville — Request for Reconsideration of Fee �2 Extension and Occupancy Permit Issuance <LE �dv Developer Request/Background Attached is a letter from Attorney James Olguin, representing Yorkville Farms Development, LLC, (Prestwick of Yorkville) requesting the following: 1 ) Reconsideration of the EDC direction to not consider extending the deadline for the developer to pay the lump sum amounts of $52,000 due to the Bristol Kendall Fire Department and $26,000 due for the Library Development Fee. In June 2009 the request was made to delay the timing for these payments by 2 years. Note: Yorkville Farms Development, LLC was notified on May 15, 2009 of the unpaid fees due as well as the fee lock expiration which will become effective November 15, 2009. Based on the EDC direction in August 2009, I prepared the attached letter to Attorney Olguin August 14, 2009. 2) Reconsideration of the staff decision to hold the occupancy permits for the 4 units constructed in the development until the lump sum payments are made. Note: The Fire Department and Library Development Fees were collected at the time of building permit fee collection for the four lots issued building permits. This was an oversight by staff. The lump sum amounts listed above as remaining due reflect deductions of the amounts that have been paid. 1 Nemec and Hoff, Ltd . Attorneys at Law William M. Brennan Jennifer LoGiudice Richard J. Skrodzki Kristina E. Buchenauer Craig T. Martin Sara L. Spitler The Prairie Building Paul R. Buikema Daniel J. McCarthy III Gwendolyn J. Sterk* 835 McClintock Drive • Second Floor Gregory J. Constantino Kenneth J. Nemec, Jr. Jonathan P. Stringer Gregory L. Dose** Richard J. Nogal Alison J. Wetzel Burr Ridge, IL 60527-0860 Brian M. Dougherty Christopher J. Novak Eric R. Wilen*** Telephone (630) 655-6000 Robert D. Goldstine James E. Olguin Facsimile (630) 655-9808 James D. Healy Diana K. Pecen *Also Admitted in Indiana Howard M. Hoff Donald S. Rothschild **Also Admitted in California www.gsrnh.com William H. Hrabak, Jr. Thomas P. Russian ***Also Admitted in Michigan September 30 , 2009 Travis Miller , Community Development Director United City of Yorkville 800 Game Farm Road Yorkville , IL 60560 RE : Expiration of Fee Structure for Prestwick of Yorkville Subdivision Dear Mr . Miller : As you recall , the undersigned represents Yorkville Farms Development , LLC , the Developer of the Prestwick of Yorkville Subdivision . A few months ago the Developer requested that the United City of Yorkville : ( 1 ) extend the lump sum payment deadline of the Bristol Kendall Fire District Development Fee and Yorkville Public Library Development Fee ; ( 2 ) Extend the fee lock associated with the subdivision . Both requests were denied . We are writing this letter to ask that the City reconsider the denial of the extension of the deadline for the lump sum payment of the Fire District and Library District fees . It is our understanding that both district boards were willing to accept the extension . Considering the funds are designated for them and the funds are guaranteed by fees owed at the time of building permit , there is no negative impact on the City . On a related issue , we have been informed that the City will not issue occupancy permits for the homes constructed in the subdivision until the full lump sum payment to the Library and Fire districts is paid . We ask that this decision be reconsidered as well . None of the homes constructed are owned by the Developer and the library and fire district fees for these lots were previously paid to and accepted by the City at the time of building permit . The payments were specifically designated for and applied to the lots where the homes were constructed . Consequently , we do not believe imposing additional payment obligations on these lots is Mr . Travis Miller September 30 , 2009 Page Two proper . In addition , the City ' s current position effectively prevents the sale of lots and the construction of homes in the subdivision for the foreseeable future . Considering building permits are the chief mechanism for procuring the required fees , the City , Library District and Fire District will be forced to wait longer than necessary for the funds . Thank you for your consideration and assistance in this matter . Should you have any questions or need more information , please do not hesitate to call . Very tru ours , mes E . 0 n JEO / jak 428739.1 2l�tiD cJr o United City of Yorkville A "' 800 Game Farm Road EST. � . 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 O IN 17P Fax: 630-553-3436 K� ,2p <tE August 14, 2009 James E. Olguin, Goldstine, Skrodzki, Russian, Nemec and Hoff, Ltd. 835 McClintock Drive, Second Floor Burr Ridge, IL 60527 Dear Mr. Olgum, As you are aware, your June 11 , 2009 request to extend the Bristol Kendall Fire Department Development Fee and Yorkville Public Library Fee for a period of two (2) years as well as your request to extend the fee lock provision of the Prestwick Annexation Agreement for an additional four (4) years was presented to the Economic Development Committee in July. Following review of this request, the Economic Development Committee advised staff that the Committee would not favorably consider either request. As described in the May 15, 2009 notice (attached), the following fees are currently outstanding and must be paid to the City immediately: Bristol Kendall Fire Department Development Fee (lump sum) of $52,000 Yorkville Public Library Development Fee (lump sum) of $26,000 Please advise your client to make the above payments immediately to avoid collection actions and/or the filing of liens against the subject properties. Sincerely, Travis Miller, Director Community Development Department Cc: Brendan McLaughlin, City Administrator Matt Klabisch, CK Construction: 11348 Cedarwood Court Frankfort, IL 60423 Yorkville Farms Development, LLC: 16501 South Parker Road Homer Glen, IL 60423 Tom Lindblom, Deputy Fire Chief Gail Gaebler, Yorkville Public Library Board of Trustees Secretary `�g0 C/ly Reviewed By: Agenda Item Number Legal ❑ ssr. � yeas Finance Fl Engineer ❑ -�=- Tracking Number .4 0 tq City Administrator ❑ IM Consultant ❑ Agenda Item Summary Memo Title: Sign Ordinance Amendment-Off-Premise Sponsorship Sign provisions Meeting and Date: EDC/October 6,2009 Synopsis: Amendments providing certain advertisement signs be permitted temporarily in on public property when sponsoring an event or facility, such as ball fields. Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: The Park Board has discussed offering sign space for businesses/advertisers to purchase on outfield fences at ballparks in City parks. The current sign ordinance considers this type of sign a billboard, which is prohibited. The proposed amendment modifies the definition for billboard and introduces a definition for off-premise sponsorship signs and allows them on public properties and no more than 32 square feet(allowing for a typical 4'x8' sign) Draft September 30,2009 CHAPTERII SECTION: 8-11-1 Principles 8-11-2 General Purpose 8-11-3 Scope 8-11-4 Definitions 8-11-5 Signs Exempt from this Chapter 8-11-6 General Provisions 8-11-7 Prohibited Signs 8-11-8 Permitted Signs—Residential Zoning Districts 8-11-9 Permitted Signs—Business Zoning Districts 8-11-10 Permitted Signs—Manufacturing Zoning Districts 8-11-11 Nonconforming Signs 8-11-12 Permitting Procedures 8-11-1 PRINCIPLES.The provisions of this Article recognize that: A. There is a significant relationship between the manner igwhich signs are t)eleted: I displayed and public safety and the value,quality of life and economic stability of adjoining property and overall community. B. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 8-11-2 GENERAL PURPOSE.The regulation of signs by this Article is intended to promote and protect the public health,safety and welfare by: A. enhancing the economic condition of the City by promoting reasonable,orderly and effective use and display of signs. B. enhancing the physical appearance of the City. C. protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the City. D. protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. 1 Draft September 30,2009 E. preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly,it is deemed necessary and in the public interest to regulate signs.To this end,this Article: 1. Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this Ordinance. 2. Regulates the size,location,height,installation and other pertinent features of new signs. 3. Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. 8-11-3 SCOPE.The regulations of this section shall govern and control the erection,enlargement,expansion,alteration,operation,maintenance,relocation and removal of all signs within the City and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this section relate to the location of signs,by function and type, within zoning districts and shall be in addition to provisions of the City of Yorkville Building Code and the City of Yorkville Electrical Code. - 8-11-4 DEFINITIONS. A. Animated,flashing or moving sign Any sign that uses lights that flash or alternate or which include action or motion or the appearance of action or motion either physically or electronically. B. Awning,Canopy or Marquee Sign.A sign that is mounted or painted on,or attached to,an awning,canopy or marquee that is otherwise permitted by this Article. The construction materials and the manner of construction of all awnings,canopies and marquees shall be in accordance with the Yorkville Building Code. C. Banner.Any sign of lightweight fabric or similar material that is displayed on a pole or building.National,state or municipal flags,official flags of any institution or business shall not be considered banners. 2 Draft September 30,2009 D. Billboard.,A structure for the pemnanent display of off-Premise advertisement Deleted:An nrf-porno a advertising which directs attention to a business, commodity,service or entertainment conducted sign which directs attention to a business, corntnodiry,service or entedu runent sold,or offered at a location other than the lot on which the sign is located. For the conducted,sold,or offered at a location purposes of this Chapter,this definition does not include Off-Premise Sponsorship °the,than the lot°n Much tile sign is heated. Signs. E. Business Sign.A sign which directs attention to a business or profession conducted,or to a commodity or service sold,offered or manufactured,or to an entertainment offered,on the premises where the sign is located or to which it is affixed.A business sign shall be a wall,canopy,awning,marquee,or window sign. F. Cold air Inflatable Device.An inflatable device,without a frame,used as a portable sign for promotions,sales or special events. A cold air balloon shall be ground mounted. G. Construction Sign.A sign erected on a lot on which construction is taking place,indicating the names of the architects,engineers,landscape architects, contractors,and similar artisans,and the owners,financial supporters,sponsors and similar persons or firms having a role or interest with respect to the structure or project.Said sign shall be erected only so long as construction is occurring on the lot. A construction sign shall be a wall or freestanding sign. H. Freestanding Sign. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. I. Grand Opening Temporary Sign.A temporary sign used for the purpose of advertising a grand opening of a new business.A grand opening temporary sign may be a wall,marquee,canopy,awning, or freestanding sign.Promotions,anniversary sales,special sales,or going-out-of-business sales do not apply. I. Ground Mounted/Monument Sign.A sign that is supported on a base that is equal in width and depth to the frame of the sign itself.A ground mounted/monument sign must be constructed of materials to match the principal structure. K. Identification Sign.A sign giving the name and address of a residential building,business,development,industry,or other building or establishment.Such signs may be wholly or partly devoted to a readily recognized symbol.An identification sign shall be a freestanding,wall,canopy,awning,or marquee sign. L. Menu Board Sign.A sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. M. Message Board Sign.A sign designed so that characters,letters or illustrations can be changed manually or electronically without altering the face or surface of the 3 Draft September 30,2009 sign.Electronic message boards must have a minimum duration time of twenty-four hours and no transition effects. O. Off-Premise Sponsorship Signs. Signs on public property advertising a business,commodity,service or entertainment conducted,sold,or offered at a location other than the lot on which the sign is located. Said sign shall be temporary and display advertisement for sponsors of an event or facility,such as an athletic field,on the location where the sign is located. N. Pole Sign.A freestanding sign supported by column or columns whose total width is less than 50%of the sign face depth. O. Portable Sign.A movable sign,excluding Trailer Signs,that is not attached to a structure or affixed to the ground or surface upon which it is located,including A- frame and sandwich-board signs. P. Projecting Sign.A sign which in whole or in part is dependant upon the building for support and project more than twelve(12)inches from such building,except for awning,.canopy and marquee signs. Q. Real Estate Sign.A sign indicating the sale,rental,lease,or development of the lot,a portion of the lot,or a building on the lot on which the sign is located. A real estate sign shall be a wall or freestanding sign. R. Roof Sign.A sign that is wholly dependant upon a building for support or mounted on the roof,which project more than six(6)inches above the highest point of a building or roof to which they are attached. S. Snipe Signs.A temporary or permanent non-governmental signs in a public right-of-way which is tacked,nailed,posted,pasted,glazed or otherwise affixed to a pole,stake,fence,traffic sign,traffic control device,utility pole,tree or the ground. T. Temporary Signs.Any sign,banner,pennant,streamer,or advertising display constructed of cloth,canvas,light fabric,cardboard,wallboard,or other lightweight material. U. Trailer Sign.A sign mounted on a chassis with or without wheels. V. Vehicle Sign.Any vehicle primarily situated to serve as a sign rather than as transportation.An automobile,.van,or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. W. Wall Sigh.A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for,or forms the 4 Draft September 30,2009 background surface of,the sign and which does not project more than twelve(12) inches from such building or structure. X. Wind Feather.Also known as Wind Flag,Teardrop Banner and Blade.Fabric or plastic attention getting devices supported by a single pole and having a tall,narrow orientation whose rotation is determined by the wind direction. Y. Window Sign.A sign which is applied or attached to or located within three(3) feet of the interior of a window,which sign may be seen through the window from the exterior of the structure. 8-11-5 SIGNS EXEMPTED FROM THIS CHAPTER.Nothing in this shall be construed as exempting the following signs from the Building Code or those portions of the Municipal Code applicable to signs.The following signs are otherwise exempt from regulations of this Chapter: A. Flags,symbols or crests of nations,states,cities or political,fraternal,religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national,local or religious holiday,celebration or anniversary provided that such decorations shall not be displayed for more than sixty(60)consecutive days. C. Signs four(4)square feet or less in area and five(5)feet in height or less on private property regulating on-premise traffic and parking. D. Bulletin boards,message boards,and similar devices no greater than thirty-two (32)square feet in area,five(5)feet high and not in the vision triangle,used solely to give information about and accessory to a public,charitable,educational or religious institution located on the lot. E. Legal notices,identification,informational,directional, traffic or other sign erected or required by governmental authority. F. Memorial signs or tablets eight(8)square feet or less in area,containing the names of a building and the date of construction,when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other non- combustible material and permanently attached to a building. G. Non-illuminated window signs painted on or covering no more than 50%of the window area,excluding glass doors. H. Real estate signs four(4)square feet or less in area,provided that no more than one(1)such sign shall be permitted in each yard abutting a street.Real estate signs 5 Draft September 30,2009 shall be freestanding signs and set back a minimum of five(5)feet from any lot line and shall be five(5)feet or less in height and shall not be illuminated. I Menu boards accessory to a restaurant drive-up window facility,provided such signs are thirty-six(36)square feet or less in area. I Signs used to identify the type of model home when used in conjunction with a developing residential subdivision.Each type of model home is allowed one(1)sign not to exceed eight(8)square feet in area and five(5)feet in height. Such sign shall be located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing,""Beware of Dog"and other similar warning signs four(4) square feet or less in area.. L. Name and address plates which give only the name and address of the resident(s) of the building less than three(3)square feet on single and two family dwellings and five(5)square feet for multi-family dwellings. M. Garage sale,farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four(4)square feet in area. N. Building interior signage O. Political signs. Signs sixteen(16)square feet or less in area and announcing candidates for political office or political issues,provided that such signs shall not be displayed more than sixty(60)days before any election and shall be removed within five(5)days after said election. P. Construction signs under eight(8)square feet. Q. Window signs covering no more than 60%of the window area excluding glass doors. R. Permanent,non-flashing signs on vending machines,gas pumps,ice and propane storage units. 8-11-6 GENERAL PROVISIONS. A. Sign Area.The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle,circle,triangle or combination thereof that will encompass the extreme 6 Draft September 30,2009 limits of the writing representation,emblem or other display,together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.It does not include any supporting framework,bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.A double faced sign shall count as a single sign. B. Sign Height.The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements.Except as otherwise provided,signs shall be located at least five(5)feet from any driveway and lot line.Furthermore,no sign shall be erected or located in a public right-of-way except as established by the authorized public entity responsible for the right-of-way.No sign having a height more than thirty(30) inches shall be located within that part of the yard or open area of a comer lot included within a triangular area of twenty-five(25)feet from the point of intersection of two (2)street right-of-way lines forming such a comer lot. D. Illumination of Signs.The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located.Exposed light bulbs,neon tubing,flashing,blinking,traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to Residential areas shall not be illuminated between the hours of 11:00 p.m.and 5:00 a.m.unless the use to which the sign pertains is open. E. Sign Maintenance.The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards I. Signs shall be maintained in a neat and orderly condition and good working order,including illumination sources,at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the Building and Electrical Codes as adopted by the City of Yorkville. F. Abandoned Signs Except as otherwise provided in this Ordinance,any temporary sign installed for a period of thirty(30)days or more,or any sign which pertains to a time,event,or purpose which no longer applies,shall be removed. Permanent signs applicable to a business because of change in ownership or 7 Draft September 30,2009 management of such business shall be deemed abandoned if the property remains vacant for a period of six(6)months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty(30) days. G. Removal of Signs Any sign found to be improperly maintained,abandoned or otherwise in violation of this ordinance which is not removed or repaired within thirty (30)days of written notice of the Code Official may be removed by the Code Official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. 8-11-7 PROHIBITED SIGNS.The following signs shall not be permitted: A. Moving,animated and flashing signs,except electronic message boards. B. Roof signs. C. Vehicle signs D. Signs which constitute a hazard to public health or safety. E. Signs which obstruct ingress or egress from any fire escape,door,window,or other exit or entrance. P. Signs which,by reason of size,location,content,color,or manner of illumination,obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. G. Signs which make use of words such as"Stop," "Look," "One-way," "Danger," "Yield" or any similar word,phrase,symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. H. Billboards. 1. Trailer signs,except directional or informational signs exempted by Section 8- 11-5.E of this Chapter. J. Searchlights,except searchlights for grand openings and special civic events. K. Snipe signs. L. Signs displaying obscene or indecent matter. 8 Draft September 30,2009 M. Moving,rotating or animated signs except traditional barber poles not exceeding two(2)feet in height and projecting not more than twelve(12)inches from the building utilized only to identify a hair cutting establishment. 8-11-8 PERMITTED SIGNS—AGRICULTURAL.FLOOD ZONE& RESIDENTIAL ZONING DISTRICTS A. PERMANENT SIGNS 1. Free standing identification or business sign.All non-residential uses in the agricultural,flood zone and residential zoning districts may have one free standing business or identification.Non-residential uses in the agricultural,flood zone and residential zoning districts on a corner lot with entrances on both streets may have one free standing sign on each street frontage. Said sign shall be thirty-two(32)square feet or less in area,five(5)feet or less in height and setback at least ten(10)feet from the street or entrance drive. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick,stone or masonry material that the exterior walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50%of the free standing sign area may be composed of a message board sign. 2. Building mounted identification or business sign.All non-residential uses in the agricultural,flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right-of-way.No more than 50%of the building mounted sign area may be composed of a message board sign.Building mounted signage can not extend more than 75%of the building fapade of the building to which it is attached, 3. Subdivision and residential complex identification signs.Two permanent subdivision or residential complex identification signs,one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted.Such signs shall be thirty-two(32)square feet or less in area and eight(8)feet or less in height and constructed out of premium building materials such as brick or stone.For the purposes of this provision this sign may be installed in two components,one on each side of the street. 9 Draft September 30,2009 B. TEMPORARY SIGNS I. Real estate signs.On non single family residential lots one real estate sign per street frontage no greater than thirty-two(32)square feet in area or five(5)feet in height. 2. Residential Marketing signs at major entrances to residential subdivisions not to exceed one hundred(100)square feet and twelve(12)feet in height. 3. Residential off-site marketing signs to call attention to and give directions to residential developments in Yorkville shall be allowed at no more than four(4)off- site locations,and shall be no greater than one hundred(100)square feet in area and twelve(12)feet in height,Signs for a given development may be located in any zoning district provided that there is at least one quarter(1/4)mile separation from the other off-site marketing signs of that development and that no off-site marketing sign be closer to a residence than one hundred(100)feet.Off-site marketing signs for different developments must be at least two-hundred fifty (250)feet from any other off-site marketing sign. 4. Grand Opening Sign. One(1)grand opening sign not to exceed thirty-two square feet in area and eight(8)feet in height. 5. Construction.sign. One construction sign per non-single family lot not to exceed thirty-two(32)square feet in area and five(5)feet in height. 6. Off-Premise Sponsorship Signs. There is no limit to the quantity of Off-Premise Sponsorship Signs pennitted on a lot. Individual Signs not to exceed thirty-two(32) square feet in area. 8-11-9 PERMITTED SIGNS—BUSINESS ZONING DISTRICTS A. PERMANENT SIGNS 1. Free Standing Business Sign On lots less than three acres with one(1)street frontage one(1)free standing business sign thirty-two square feet or less feet in area and eight(8)feet or less in height shall be allowed.If the lot has more than one street frontage,one(1)free standing business sign thirty-two square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one(1)street frontage,one(1)free standing business sign sixty-four L641 square feet or less in area and eighth feet or less in 10 Draft September 30,2009 height shall be allowed. If the lot has more than one street frontage,one(1)free standing business sign sixty-fours square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s)in excess of eight hundred (800)feet with two entrances/exits at least six hundred 16001 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight(8)feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns,if present, constructed of the same brick,stone or masonry material that the exterior walls of the principal building is made of The sign panel color a ype Jnust match Deleted:conta;nuigthe the color and type used on any wall mounted signage. Deleted:and th, type No more than 50%of the free standing sign area may be composed of a message board sign. 2. Building mounted Business/Identification Signs a. Single—use building.A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance or faces a public right-of-way.The maximum area of such sign shall not exceed two(2)square feet for each one(1)lineal foot of the facade of the building with a public entrance.No wall sign shall extend more than 75%of the width of the building facade to which it is attached. b. Multi-tenant buildings.Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted business or building mounted identification signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance. The maximum area of such sign(s)shall not exceed two(2)square feet in area for each one(l)lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached.No wall sign shall extend more than 75%of the width of that part of the building facade in which it is located. C. No more than 50%of the building mounted sign area may be composed of a message board sign. B. TEMPORARY SIGNS I. Searchlights 11 Draft September 30,2009 2. Cold air inflatable devices 3. Grand opening sign.One(1)grand opening sign not to exceed thirty-two square feet in area and eight(8)feet in height. 4. Commercial Real Estate signs. On commercial lots one real estate sign per street frontage no greater than thirty-two(32)square feet in area and five (5)feet in height. 5. Construction signs.One construction sign per lot not to exceed thirty-two (32)square feet in area and five(5)feet in height. 6. Wind feathers.No limit on the quantity per lot.Time period not to exceed thirty(30)days. 7. Banners. One Special Business Event sign per business not to exceed thirty-two(32)square feet in area. 8. Portable sign. One Portable Sign per business not to exceed sixteen(16) square feet in area. 9. Off-Premise Sponsorship Signs. There is no limit to the quantity of Off- Premise Sponsorship Signs permitted on a lot. Individual Sims not to exceed thirty-two(32)square feet in area. 8-11-10 PERMITTED SIGNS—MANUFACTURING ZONING DISTRICTS A. PERMANENT SIGNS 1. Free standing business Sign On lots less than three acres or on lots that face a residentially zoned or used lot with one(1)street frontage,one free standing business sign shall be allowed. Said sign shall be thirty-two(32)square feet or less in area and eight(8)feet or less in height.If the lot has more than one street frontage,one(1)free standing business sign thirty-two square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one(1)street frontage,one(1)free standing business sign shall be allowed Said sign shall be a maximum of sixty-four(64)square feet or less in area and eight(8)feet or less in height shall be allowed.If the lot has more than one street frontage,one(1)free standing business sign sixty-four square feet or less in 12 Draft September 30.2009 area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s)in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing.business signs sixty-four square feet or less in area and eight(8)feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick,stone or masonry material that the exterior walls of the principal building is made of.The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50%of the free standing sign area may be composed of a message board sign. 2. Building mounted Business/Identification Signs a. Single—use building.A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall be two(2)square feet or less in area for each one(1)lineal foot of the facade of the building with a public entrance. b. Multi-tenant buildings.Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance. The maximum area of such sign(s)shall be two(2)square feet or less in area for each one(1)lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached.All business and identification signs shall be wall,awning,canopy or marquee signs. C. No more than 50%of the building mounted sign area may be composed of a message board sign. B. TEMPORARY SIGNS 1. Real estate signs.On industrial lots one real estate sign per street frontage no greater than thirty-two square feet in area or five(5)feet in height. 13 Draft September 30,2009 3. Construction signs.One construction sign per industrial lot not to exceed thirty-two(32)square feet in area and ten(10)feet in height. 4. Banners/Special Business Event sign.One Special Business Event sign per business not to exceed thirty-two(32)square feet in area and ten(10)feet in height. 5. Portable sign. One Portable Sign per business not to exceed sixteen(16) square feet in area. 6. Wind feathers.No limit on the quantity per lot.Time period not to exceed thirty(30)days. 7. Off-Premise Sponsorship Sims. There is no limit to the quantity of Off- Premise Sponsorship Sims permitted on a lot. Individual Siens not to exceed thirty-two(32)square feet in area. 8-11-11 NONCONFORMING SIGNS A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans,provided construction of the sign is started within ninety(90)days after the passage of the ordnance amendment and is completed within sixty(60)days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6)months,or whenever there is evidence a clear intent on the part of the owner to abandon a nonconforming sign,such sign shall not,after being discontinued or abandoned,be re-established and the sign hereafter shall be in conformity with the regulations of this ordinance. C. Normal maintenance of a nonconforming sign is permitted,including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration,enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty(50)percent or more of the replacement value at the time,.the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this ordinance.In the event the damage or destruction is less than fifty 14 Draft September 30,2009 (50)percent of its replacement value based upon prevailing costs,the sign may then be restored to its original condition and the use may be continued which existed at the time such partial destruction until the nonconforming sign is otherwise abated by the provisions of this ordinance. In either event,a permit for restoration or repair must be applied for within a period of thirty(30)days from the date of damage or destruction, and be completed within sixty(60)days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit,but in no case later than six (6)months from the passage of this ordinance. New temporary signs shall be allowed only in conformance with the provisions contained in this ordinance. Such signage must be removed by the close of business of the day the temporary sign permit expires. 8-11-12 PERMITTING PROCEDURES Permits for Permanent and Temporary Signs A. No sign shall be erected,enlarged,expanded,altered or relocated unless the person proposing to erect,alter or move such sign shall obtain a permit from the Code Official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this ordinance.The fee for granting such a permit shall be established by the City Council.The schedule of fees shall be posted in the City offices and may be amended only by the City Council.Routine sign maintenance, changing of parts designed for change or changing the content of a sign in any manner which does not change the functional classification of the sign shall not,standing alone,be considered an alteration of the sign requiring the issuance of a permit,unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. B. Any person desiring a permit for a permanent or temporary sign shall file a permit application which shall contain or have attached the following information: 1. A copy of plans and specifications showing the method of construction, illumination,if any,and support of such sign.Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the City may be required. 2. A plat of survey showing the location of the sign(s)on the lot and a drawing indicating the location of the sign(s)on any building or structure on the lot. 3. A sketch,drawn to scale,showing sign faces,exposed surface areas and the proposed message and design,accurately represented as to size,area,proportion and color. 15 Draft September 30,2009 4. The written consent of the owner(s)or agent of the building,structure,or land on which the sign is erected. 5. The name,address and phone number of the applicant. 6. The name of the person,firm,corporation or association erecting,altering or moving the sign. C. Temporary Sign Permit Frequency and Duration per business: Type of Sign Maximum Duration Maximum frequency Banners 14 days five times per year Portable 14 days five times per year Commercial real estate 6 months renewable Industrial real estate 6 months renewable Residential marketing 6 months renewable Grand opening 45 days once per business Cold Air Inflatable Device 72 hours once per year Searchlights 72 hours once per year Wind Feather(per property) 30 days($25 fee) renewable($5 fee) Construction during active building permit issuance Off-Premise Sponsorship 12 months renewable SECTION 8-11-13 SIGN VARIATIONS In addition to the procedures and standards listed in Section 10-14-5 of the Zoning Ordinance regarding variations from the requirements,the Zoning Board of Appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: 1. If the sign was erected legally with a sign permit. 2. If there are any unique physical characteristics of the property 3. If there are limited available locations for signage on the property 4. The cost to the applicant of complying with the sign ordinance requirements 5. If the sign is on or faces a street with a forty(40)mile per hour or higher speed limit. 6. If the sign is on a street with 20,000 or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. 16 Reviewed By: Agenda Item Number J` a � Legal ❑ � Finance EST., F-1 1 Engineer ❑ Tracking Number ICI .• h City Administrator ❑ Consultant ❑❑ E p C 9000( -1-13 <LE Agenda Item Summary Memo Title: Rural Business Enterprise Grant Application Request—Nicor Gas Main study to serve Eldamain Road/Lincoln Prairie vicinity Meeting and Date: EDC/October 6,2009 Synopsis: Request to apply for a Rural Business Enterprise Grant in an amount not to exceed $99,000 to provide funding for a study necessary to determine the appropriate location and size for a future natural gas main to serve the Eldamain Road corridor Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval to prepare and submit grant application Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: The Grant program description and application forms as well as a map of the vicinity of the proposed study are attached for your reference. This is a 100% grant with no City share required. Lynn Dubajic is assisting with the coordination efforts and Jason Poppen has offered to write the grant without fees/payment. _ r 1 t OPTION B wx OPTION A ire �V INSTALL INSTALL : 10,500'—4"MOP STL z• r _ . +� 1,500'-8"MOP STL t �' c 6,000'—8"STL(60#) 4,8000'-4"MOP STL s 4,800'-6"STL(60#) ic .l 4 / r jl. ` _ _ .•'3 /..N'. !lm—:: If Orl _ + 71 lip d WA i z-Main 1 � d' -.,,✓ ; / - r - 6"Main 'r � t � � _ a"Main tllF nzcorNicer Gas Mailing Address: Phone 630 993-9676 G A S 1944 Ferry Road P.O. Box 190 Internet w .nioor.com Naperville, IL 60563-9600 Aurora, IL 60507-0190 Ms. Lynn Dubajic 10-01-09 Executive Director Yorkville Economic Development Corporation 651 Prairie Pointe Drive Suite 102 Yorkville, IL 60560 Dear Lynn, With regards to the potential industrial development along Eldamain Road, west of Beecher Road, in Yorkville, IL, I wanted to confirm the following: 1 . Nicor Gas has provided a budgetary cost estimate of approximately $585,000 for a deposit to be paid to Nicor Gas in order to perform the necessary system improvements required to serve a natural gas flow requirement of 153,000 cubic feet per hour at 15 psi delivery pressure. 2. In order for Nicor Gas to develop a formal price proposal for the required system improvements, a detailed engineering study is required to be performed. 3. The detailed engineering study will include project development planning, development of construction drawings and research pertaining to environmental permitting, easement requirements and various other permit requirements / acquisition. A specific target location for the natural gas service is to be provided by the customer in order for Nicor Gas to accurately complete the study. 4. The detailed engineering study would be completed within 10-12 weeks from date of payment. 5. In order to commit the required engineering resources to complete the detailed engineering study, Nicor Gas is to be paid $55,887. 6. In the event that a contract is executed for the installation of the required system improvements, the cost of the detailed engineering study will be credited to the customer toward payment of the overall project cost. Please do not hesitate to contact me with any questions, clarifications or if I can be of any ifurther service to u. ael W. Landreth, C. M. Industrial Account Executive USDA rt 'T United States Department of Agriculture Rural Development—Illinois RURAL BUSINESS ENTERPRISE GRANTS PURPOSE OF The USDA, Rural Development makes grants to public bodies and private PROGRAM nonprofit corporations to finance and facilitate development of private business enterprises. Eligible entities receive the grant to assist businesses;the grant does not go directly to a business, WHO'S Those eligible include public bodies and private nonprofit corporations serving ELIGIBLE rural areas. A rural area under this program would be an area that is not within the outer boundary of any city having a population of 50,000 or more and its immediately adjacent urbanized areas. Grant funds may not be passed through directly to a small business. TYPE OF Grant funds may be used jointly with funds furnished by the grantee or from ASSISTANCE other sources. HOW FUNDS Grant funds may be used to develop small or emerging private business MAY BE USED enterprises in rural areas including: • acquisition and development of land, easements and rights-of-way • construction, enlargement, repair or modernization of buildings, plants,machinery, equipment, access streets and roads,parking areas, utilities, and pollution control and abatement facilities • reasonable fees and charges for professional services necessary for the planning and development of the project • providing financial assistance to small businesses through a revolving loan fund • technical assistance for proposed grantee projects For purposes of this program, a small business is one that will employ 50 or fewer new employees and has less than $1 million in projected gross revenue (manufacturing and merchandising businesses may deduct cost of goods sold to determine "gross revenue"). Less than $600,000 is usually available each year for RBEG in Illinois, so grant applications are very competitive. Smaller grant requests have better chances of being funded, and requests for$99,000 or less receive a higher priority point score. CONTACT The Ottawa Rural Development Office at(815)433-0551 ext.4 or visit our website at http://www.rurdev.usda.izov. 1689 North V'Road,Suite 1 •Ottawa,IL 61350 815-433-0551 ext.4•Fax 815-433-4287•TTY 217-403-6240 Rural Development is an Equal Opportunity Lender,Provider,and Employer.Complaints of discrimination should be sent to USDA, Director,Office of Civil Rights,Washington,D.C. 20250-9410. Illinois Instruction 1942-G A Guide 0 APPLICANT'S PREAPPLICATION CHECKLIST RURAL BUSINESS ENTERPRISE GRANT No. for RD Use Standard Form 424, "Application for Federal Assistance" 2 (SF 424A and SF424B for Non-construction)(SF 424C and SF 424D for Construction) Program Narrative or copy of Preliminary Engineering Report (Public Works 2 Project or Industrial Site Project) Program Narrative (Revolving Loan Fund or Technical Assistance) 2 Discussion of Benefits to Small Private Business Enterprises 2 Sufficient information to permit numerical ranking 1942.305(b)(3): 2 • description of proposed service(s) to be provided/projects to be funded • income data on area to be served • unemployment rate of the area to be served • median household income of area to be served • grantee' s experience in providing the proposed service USDA Survey on Ensuring Equal Opportunity for Applicants 1 (nonprofit corporations only) Copy of applicant's most recent Audit 1 Articles of Incorporation (NFP Corporation Only) 1 FOR RD USE ONLY Summary of Site Visit and Project Analysis Area Specialist Recommendations Rural Development Manager Recommendations Rural Business Enterprise Grant Program, Project Selection Criteria (RD Instruction 1942-6, Attachment 1 , Section C, Pages 17, 18 and 19) Certification by Area Office Technician/Specialist that GLS has been updated (08/16/06) PN 366 APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 1 . TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre-application Construction Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Non-Construction Non•Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Department: Organizational DUNS: Division: Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) Prefix: First Name: City: Middle Name County: - - Last Name State: Zip Code Suffix: Country: Email: 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 1111—❑❑1111❑❑❑ 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) [I New R.-1I Continuation Revision If Revision, enter appropriate letters) in box(es) (See back of form for description of letters.) ❑ 11 Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11 . DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 1111—❑❑❑ TITLE (Name of Program): 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc): 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: a. Applicant b. Project 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE RDER 12372 PROCESS? a. Federal $ a. Yes. ln,_ THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant PROCESS FOR REVIEW ON c. State DATE: d. Local b. No. LO] PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL n Yes If "Yes" attach an explanation. IJ No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Re resentative Prefix First Name Middle Name Last Name Suffix b. Title c. Telephone Number (give area code) . Signature of Authorized Representative e. Date Signed Previous Edition Usable Standard Form 424 (Rev.9-2003) Authorized for Local Reoroduction Prescribed by OMB Circular A-102 INSTRUCTIONS FOR THE SF-424 Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as a required face sheet for pre-applications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item: Entry: Item: Entry: 1 . Select Type of Submission. 11 . Enter a brief descriptive title of the project. If more than one program is involved, you should append an explanation on a separate sheet. If appropriate (e.g., construction or real property projects), attach a map showing project location. For preapplications, use a separate sheet to provide a summary description of this project. 2. Date application submitted to Federal agency (or State if applicable) 12. List only the largest political entities affected (e.g., State, and applicant's control number (if applicable). counties, cities). 3. State use only (if applicable). 13 Enter the proposed start date and end date of the project. 4. Enter Date Received by Federal Agency 14. List the applicant's Congressional District and any Districts) Federal identifier number: If this application is a continuation or affected by the program or project revision to an existing award, enter the present Federal Identifier number. If for a new project, leave blank. 5. Enter legal name of applicant, name of primary organizational unit 15 Amount requested or to be contributed during the first (including division, if applicable), which will undertake the funding/budget period by each contributor. Value of in kind assistance activity, enter the organization's DUNS number contributions should be included on appropriate lines as (received from Dun and Bradstreet), enter the complete address of applicable. If the action will result in a dollar change to an the applicant (including country), and name, telephone number, e- existing award, indicate only the amount of the change. For mail and fax of the person to contact on matters related to this decreases, enclose the amounts in parentheses. If both basic application. and supplemental amounts are included, show breakdown on an attached sheet. For multiple program funding, use totals and show breakdown using same categories as item 15. 6. Enter Employer Identification Number (EIN) as assigned by the 16. Applicants should contact the State Single Point of Contact Internal Revenue Service. (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 7. Select the appropriate letter in 17. This question applies to the applicant organization, not the the space provided. I. State Controlled person who signs as the authorized representative. Categories A. State Institution of Higher of debt include delinquent audit disallowances, loans and B. County Learning taxes. C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify) H. Independent School O. Not for Profit District Organization 8. Select the type from the following list: 18 To be signed by the authorized representative of the applicant. "New" means a new assistance award. A copy of the governing body's authorization for you to sign "Continuation" means an extension for an additional this application as official representative must be on file in the funding/budget period for a project with a projected completion applicant's office. (Certain Federal agencies may require that date. this authorization be submitted as part of the application.) .'Revision' means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. If a revision enter the appropriate letter: A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration 9. Name of Federal agency from which assistance is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. SF-424 (Rev. 7-97) Back Budget Information — Non-Construction Programs OMB Approval No. 0348-0044 Section A - Budget Summary Grant Program Catalog of Federal Estimated Unobligated Funds New or Revised Budget Function Domestic Assistance ------ — — -- or Activity Number Federal Non-Federal Federal Non-Federal Total (a) (b) (c) (d) (e) (f) (g) 2. 3. 4. 5. Totals ',, $ $ $ $ '.' $ Section B - Budget Categories Grant Program, Function or Activity i Total 6. Object Class Categories (1) (2) (3) (4) (5) a. Personnel $ $ $ $ li $ b. Fringe Benefits i c. Travel d. EquipmentI e. Supplies f. Contractual g. Construction h. Other i. Total Direct Charges (sum of 6a-6h) '.. j. Indirect Charges k. Totals (sum of 6i and 6j) 7. Programincome $ $ $ $ $ Page 1 of 4 SF424A (Rev. 4-92) Previous Edition Usable Au i m=zed far i«al Rep=&=icn Prescribed by OMB Circular A-102 Section C - Non-Federal Resources _ _ _ - r— (a) Grant Program (b) Applicant (c) State (d) Other Sources (e) Totals 9. 12. Total (sum of lines 8 - 11 ) $ $ $ Section D - Forcasted Cash Needs Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter, 4th Quarter 13. Federal $ $ $ $ 14. Non-Federal 15. Total (sum of lines 13 and 14) $ ',. $ $ $ $ Section E - Budget Estimates of Federal Funds Needed for Balance of the Project _ Future Funding Periods (Years) (a) Grant Program (b) First T— (c) Second (d) Third (e) Fourth 16. !,,, $ '', $ $ $ 17. ',.. 18. I 20. Total (sum of lines 16-19) $ $ $ $ Section F - Other Budget Information 21 . Direct Charges 22. 1 ndirect Charges 23. Remarks Page 2 of 4 SF-424A (Rev. 4-92) Previous Edition Usable A iEm=zed for LOM1 Repsa:ctim Prescribed by OMB Circular A-102 Instructions for the SF-424A Public Reporting Burden forth is collection of information is estimated to average 3.0 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Please do not return your completed form to the Office of Management and Budget; send itto the address provided bythe sponsoring agency . General Instructions For continuing grant program applications, submit these forms before the end This form is designed so that application can be made for funds from one or more of each funding period as required by the grantor agency. Enter in Columns (c) and grant programs. In preparing the budget, adhere to any existing Federal grantor (d) the estimated amounts of funds which will remain unobligated at the end of the grant funding period only if the Federal grantor agency instructions provide for this. agency guidelines which prescribe how and whether budgeted amounts should or separately shown for different functions or activities within the program. For some Otherwise, leave these columns blank. Enter in columns (e) and (f) the amounts of programs, grantor agencies may require budgets to be separately shown by funds needed forthe upcoming period . The amount(s) in Column (g) should be the function or activity. For other programs, grantor agencies may require a breakdown sum of amounts in Columns (e) and (f). by function or activity. Sections A, B, C, and D should include budget estimates for Forsupplemental grants and changes to existing grants, do not use Columns (c) the whole project except when applying for assistance which requires Federal and (d). Enterin Column (e) the amount of the increase ordecrease of Federal funds authorization in annual or other funding period increments. In the later case, and enter in Column (f) the amount of the increase or decrease of non-Federal SectionsA, 13, C, and D should provide the budgetforthe first budget period (usually funds. In Column (g) enter the new total budgeted amount (Federal and non- a year) and Section E should present the need for Federal assistance in the Federal) which includes the total previous authorized budgeted amounts plus or subsequent budget periods. All applications should contain a breakdown by the minus, as appropriate, the amounts shown in Columns (e) and (f). The amount(s) object class categories shown in Lines a-k of Section B. in Column (g) should not equal the sum of amounts in Columns (e) and (f). Section A. Budget Summary Lines 1 -4 Columns (a) and (b) Line 5—Show the totals for all columns used . For applications pertaining to a single Federal grant program (Federal Domestic Section B. Budget Categories Assistance Catalog number) and not requiring a functional or activity breakdown, enter on Line 1 under Column (a) the catalog program title and the catalog number In the column headings (a) through (4), enter the titles of the same programs, in Column (b). functions, and activities shown on Lines 1 -4, Column (a), Section A. When additional sheets are prepared for Section A, provide similar column headings on For applications pertaining to a single program requiring budget amounts by each sheet. For each program, function or activity, fill in the total requirements for multiple functions or activities, enter the name of each activity or function on each funds (both Federal and non-Federal) by object class categories. line in Column (a), and enter the catalog number in Column (b). For applications pertaining to multiple programs where none of the programs require a breakdown Lines 6a-i—Show the totals of Lines 6a to 6h in each column. byfunction or activity, enterthe catalog program title on each line in Column (a) and Line 6j—Show the amount of indirect cost. the respective catalog number on each line in Column (b). Line 6k—Enter the total of amounts on Lines 6i and 6j. For all applications for new For applications pertaining to multiple programs where one or more programs grants and continuation grants the total amount in column (5), Line 6k, should be require a breakdown by function or activity, prepare a separate sheet for each the same as the total amount shown in Section A, Column (g), Line 5. For program requiring the breakdown . Additional sheets should be used when one form supplemental grants and changes to grants, the total amount of the increase or does not provide adequate space for all breakdown of data required. However, decrease as shown in Columns (1 )-(4), Line 6k should be the same as the sum of when morethan one sheet is used, thefirst page should provide the summary totals the amounts in Section A, Columns (e) and (f) on Line 5. by programs. Line 7—Enter the estimated amount of income, if any, expected to be generated Lines 1 -4, Columns (c) through (g) from this project. Do not add or subtract this amount from the total project amount. For new applications, leave Columns (c) and (d) blank. For each line entry in Show under the program narrative statement the nature and source of income. The Columns (a) and (b), enter in Columns (e), (f), and (g) the appropriate amounts of estimated amount of program income may be considered by the federal grantor funds needed to support the project for the first funding period (usually a year). agency in determining the total amount of the grant. Page 3 of 4 SF-424A (Rev. 4-92) Previous Edition Usable A2:h0 zed far Idol Repzoaxtim Prescribed by OMB Circular A-102 Section C. Non-Federal Resources Section E. Budget Estimates of Federal Funds Needed for Balance of the Lines 8-11—Enter amounts of non-Federal resources thatwill be used on the grant. Project If in-kind contributions are included, provide a brief explanation on a separate sheet. Lines 16-19—Enter in Column (a) the same grant program titles shown in Column (a), Section A. A breakdown by function or activity is not necessary. For new Column (a)—Enter the program titles identical to Column (a), Section A. A applications and continuation grant applications, enter in the proper columns breakdown by function or activity is not necessary. amounts of Federal funds which will be needed to complete the program or project Column (b)—Enter the contribution to be made by the applicant. over the succeeding funding periods (usually in years). This section need not be completed for revisions (amendments, changes, or supplements) to funds for the Column (c)—Enter the amount of the State's cash and in-kind contribution if current year of existing grants. the applicant is not a State or State agency. Applicants which are a State or State agencies should leave this column blank. If more than four lines are needed to list the program titles, submit additional schedules as necessary. Column (d)—Enter the amount of cash and in-kind contributions to be made from all other sources. Line 20—Enterthe total foreach of the Columns (b)-(e). When additional schedules are prepared for this Section, annotate accordingly and show the overall totals on Column (e)—Enter totals of Columns (b), (c), and (d). this line. Line 12—Enter the total for each of Columns (b)-(e). The amount in Column (e) Section F. Other Budget Information should be equal to the amount on Line 5, Column (f) Section A. Line 21—Use this space to explain amounts for individual direct object-class cost Section D. Forecasted Cash Needs categories that may appear to be out of the ordinary or to explain the details as Line 13—Enter the amount of cash needed by quarter from the grantor agency required by the Federal grantor agency. during the first year. Line 22—Enter the type of indirect rate (provisional, predetermined, final or fixed) Line 14—Enterthe amountof cash from all other sources needed by quarter during that will be in effect during the funding period, the estimated amount of the base to the first year. which the rate is applied, and the total indirect expense. Line 15—Enter the totals of amounts on Lines 13 and 14. Line 23—Provide any other explanations or comments deemed necessary. Page 4 of 4 SF-424A (Rev. 4-92) Previous Edition Usable Antxmzed for Taal Repro action Prescribed by OMB Circular A-102 OMB Approval No. 0348-0040 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1 . Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which and the institutional, managerlal and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42 of project cost) to ensure proper planning, management U.S.C. §§6101 -6107), which prohibits discrimination and completion of the project described in this on the basis of age; (e) the Drug Abuse Office and application. Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (f) the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970 F.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g) §§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 as accepted accounting standards or agency directives. 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the 3. Will establish safeguards to prohibit employees from Civil Rights Act of 1968 (42 U.S.C. §§3601 at seq.), as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i) any other conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, Q) the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s) which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970 (P.L. 91 -646) which provide for Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or Personnel Administration (5 C.F.R. 900, Subpart F). whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply 6. Will comply with all Federal statutes relating to to all interests in real property acquired for project nondiscrimination. These include but are not limited to: purposes regardless of Federal participation in (a) Title A of the Civil Rights Act of 1964 (P.L. 88-352) purchases. which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education 8. Will comply, as applicable, with provisions of the Amendments of 1972, as amended (20 U.S.C. §§1681 - Hatch Act (5 U.S.C. §§1501 -1508 and 7324-7328) 1683, and 1685-1686), which prohibits discrimination on which limit the political activities of employees whose the basis of sex; (c) Section 504 of the Rehabilitation principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424B (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 9, Will comply, as applicable, with the provisions of the Davis- 12. Will comply with the Wild and Scenic Rivers Act of Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act 1968 (16 U.S.C. §§1271 at seq.) related to protecting (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract components or potential components of the national Work Hours and Safety Standards Act (40 U.S.C. §§327- wild and scenic rivers system. 333), regarding labor standards for federally-assisted construction subagreements. 13. Will assist the awarding agency In assuring compliance with Section 106 of the National Historic Preservation 10. Will comply, if applicable, with flood insurance purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 requirements of Sectlon 102(a) of the Flood Disaster (identification and protection of historic properties), and Protection Act of 1973 (P.L. 93-234) which requires the Archaeological and Historic Preservation Act of recipients in a special flood hazard area to participate in the 1974 (16 U.S.C. §§469a-1 at seq.). program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and 11 . Will comply with environmental standards which may be related activities supported by this award of assistance. prescribed pursuant to the following: (a) institution of environmental quality control measures under the National 15. Will comply with the Laboratory Animal Welfare Act of Environmental Policy Act of 1969 (P.L. 91 -190) and 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 at Executive Order (EO) 11514; (b) notification of violating seq.) pertaining to the care, handling, and treatment of facilities pursuant to EO 11738; (c) protection of wetlands warm blooded animals held for research, teaching, or pursuant to EO 11990; (d) evaluation of flood hazards in other activities supported by this award of assistance. floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 16. Will comply with the Lead-Based Paint Poisoning program developed under the Coastal Zone Management Prevention Act (42 U.S.C. §§4801 at seq.) which Act of 1972 (16 U.S.C. §§1451 at seq.); (f) conformity of prohibits the use of lead-based paint in construction or Federal actions to State (Clean Air) Implementation Plans rehabilitation of residence structures. under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 at seq.); (g) protection of 17. Will cause to be performed the required financial and underground sources of drinking water under the Safe compliance audits in accordance with the Single Audit Drinking Water Act of 1974, as amended (P.L. 93-523); Act Amendments of 1996 and OMB Circular No. A-133, and, (h) protection of endangered species under the "Audits of States, Local Governments, and Non-Profit Endangered Species Act of 1973, as amended (P.L. 93- Organizations." 205). 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 424B (Rev. 7-97) Back C/)y Reviewed By: J2 ® Le ❑ City Council a g N.B `). Finance F1 EST 1836 Engineer ❑ t City Administrator ❑ Agenda Item Tracking Number a� O Consultant ❑ kE City Council Agenda Item Summary Memo Title: Building Code Update Discussion City Council/ COW/ Committee Agenda Date: EDC/October 6, 2009 Synopsis: Update on staff current evaluation of both the 2006 and 2009 International Building Codes. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Building Code Official Paul Zabel will present his current findings and evaluation of the 2006 and 2009 International Building Codes and request some feedback from the Committee as the final recommendations are prepared for the November EDC meeting. c/Jy Reviewed By: Agenda iiItem Number T Legal ❑ y U # EM. tsar Finance F1 1 ,_ _ Engineer ❑ Tracking Number t y City Administrator ❑ P �O Consultant ❑ �C QC�CI q6J' E <[ F1 Agenda Item Summary Memo Title: Integrated Transportation Plan—Implementation Team Formulation Discussion Meeting and Date: EDC/October 6, 2009 Synopsis: Staff recommendations for ITP Implementation Team formulation Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Direction on ITP Implementation Team Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff memo. 0 Memorandum EST., 1836 To: EDC From: Travis Miller 14 111 GI a1 CC: Lisa Pickering (for distribution) 09 5 <Cp a �� Date: September 30, 2009 Subject: Integrated Transportation Plan — Implementation Task Force The Integrated Transportation Plan (ITP) approved by City Council September 8, 2009 includes a recommendation to formulate an Implementation Team to continue to pursue the goals recommended by the ITP. In September, the EDC requested staff to draft the framework for an implementation team for Committee discussion. Staff recommends creating an implementation team of representatives from: - City Council - Park Board - Community Development staff - Parks and Recreation staff - Engineering staff - Public Works staff - Finance Department staff - Public Relations staff Phil Stuepfert has expressed an interest in assisting as a resident the Task Force and Implementation Team and staff would recommend inviting him to participate as well. Additionally, staff recommends considering to continue the original ITP Task Force participants to provide guidance and feedback to the Implementation Team. The Task Force would be required to meet less frequently. Below are the ITP Committee task force members. - School District #115 - Brian DeBolt - Kendall County Forest Preserve - Jason Pettit - Local Developer - Gary Neyer - Downtown Business Owners - Jeff Farren - Dan Nicholson - Yorkville Chamber of Commerce - Don Duffy - Yorkville Economic Development Corporation - Lynn Dubajic - Fox River Ecosystem Partnership (FREP) - Jason Pettit - IDOT Representative - Rick Powell - IDNR Representative - Dave Longo - Yorkville Bike Club - Ben Niles - Chicago Area Mountain Bikers - Russell Rogers Staff anticipates that the Team will likely assign various plan recommendations to individual members of the Team to pursue and provide recommendations as appropriate in order to accomplish the specific recommendation/task. `QED c/p y Reviewed By: Agenda Item Number J� A i� , 0� Legal ❑ N �' 0 Finance esr. , leas F-1 Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ FI tE Agenda Item Summary Memo Title: Committee Liaison Review Meeting and Date: EDC— 10/6/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Meghan Ostreko Administration Name Department Agenda Item Notes: CITY COUNCIL COMMITTEE LIAISONS ADMINISTRATION COMMITTEE What When Where Who Library Board 2"d Monday @ 7:00 p.m. Library- Board Room Alderman Plocher Cable Consortium 1st Thursday @ 5:30 p.m. Waubonsee Community College— Alderman Golinski Sugar Grove ECONOMIC DEVELOPMENT COMMITTEE What When Where Who Plan Commission 2nd Wednesday @ 7:00 p.m. Library- 1St Floor Meeting Room Alderman Golinski Yorkville Economic Development 2"d YEDC Office Corporation Wednesday @ 4:30 p.m. 651 Prairie Pointe Dr. Alderman Munns Kendall County Regional 4th Wednesday @ 7:00 p.m. County Office Building Alderman Werderich Plan Commission 111 W. Fox St. Aurora Area Convention &Visitors 4th Thursday @ 8:00 a.m. 43 W. Galena Blvd.,Aurora Alderman Sutcliff Bureau (AACVB) PUBLIC SAFETY COMMITTEE What When Where Who Human Resources Commission 3` Wednesday @ 6:30 p.m. City Hall Conference Room Alderman Plocher KenCom Executive Board Quarterly, Wednesday @ 5:30 p.m. Kendall Co. Public Safety Center Alderman Spears 1102 Cornell Lane School District Board 4th Monday @ 7:30 p.m. District Office Board Room Alderman Munns 602A Center Pkwy PUBLIC WORKS What When Where Who Yorkville Bristol Sanitary District 2nd Monday @ 5:00 p.m. YBSD Office Alderman Gilson (YBSD) 304 River Street Park Board 2nd & 4th Thursdays @ 7:00 p.m. Park & Rec. Office Alderman Teeling 201 W. Hydraulic Revised: 6/22/09 ,ttpD G/r y Reviewed By: Agenda Item Number Jj 0 r' T Legal ❑ EST. 1836 Finance ❑ Engineer ❑ Tracking Number 9 I� City Administrator ❑ ?O` Consultant ❑ EDC 2009-36 Agenda Item Summary Memo Title: Proposed Amendment to 1-7-9 and 10-14-9 - Plan Review Fees Meeting and Date: EDC/October 6,2009 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report `�rrD C/) Y o Memorandum To: EDC EST. 1836 From: Travis Miller, Community Development Director ,0 �®i (ate � rn CC: Lisa Pickering, Deputy Clerk (for distribution) ; p Date: October 1 , 2009 Subject: Community Development Department Services Fees Upon review of the current City Ordinances and Resolutions regarding plan review fees, I recommend and request amendments to the Municipal Code which would provide a mechanism to impose fees for plan reviews historically provided by consultants. Resolution 2002-27 regarding payment of Developer Deposits and Engineering Review Fees provides for the collection of deposits as well as determines rates to be charged both for `Engineering Review ' and `Administration/Inspection Fee' . Resolution 1999-38 provides for the collection of deposits to cover legal and planning services, however, does not list rates for these services as Resolution 2002-27 does for Engineering Review services. Resolution 2006- 11 regarding payment of Coordination Fee covers staff time spent coordinating and attending meetings regarding subdivision petitions where engineer review is necessary and being conducted by outside engineering consultant. This fee does cover a portion of Community Development services with meeting time, however does not cover planning, zoning, landscape plan or GIS services. The following Municipal Code draft amendments are proposed: 1-7-9: ANNEXATION AND ZONING FEES. The resolutions listed above have been included in 1 -7-9 at the advice of Attorney Orr in order to codify all of the plan review fees and deposits into one location within the City Code. Summary of amendments proposed: Addition of ` Site Plan' application fee and deposit requirement. This type of application is currently part of the Building Permit application process. Prior to Building Permit issuance, site plans must be reviewed and approved. For non- residential projects, this type of review can be time consuming and often require multiple plan submittals prior to approval. There is currently no application fee due for this review nor are deposits required, unless outside consultants are utilized. Variance application fee increase. The current fee is $85 . The increase would cover publishing expenses (as noted in the draft amendment). Addition of City Personnel fees: The deposits collected would be used to draw payment for services performed by staff. Staff would track time spent on each project and monthly billing of this time based on the rates proposed would occur, very similar to the procedure used now for consultant services billing. 1 Deposit requirement increases: The deposits proposed for Engineering and City Personnel Review Fee are increased from the current deposits required for engineering and outside consultant reviews as follows: Engineering Review Deposit Current Proposed Up to 1 acre 1000 2000 Over 1 but under 10 2500 5000 Over 10 but under 40 5000 10000 Over 40 but under 100 10000 20000 Over 100 acres 20000 25000 Outside Consultant Deposit Current Pro osed Less than 2 acres 1000 2000 2 — 10 acres 2500 5000 Over 10 5000 10000 10-14-9 — FEES (Zoning Ordinance). This amendment removes the reference to City Personnel time for zoning review (annexations, rezonings, variances, special uses). Using the formula in the current zoning ordinance (actual hourly rate plus 50%) the ranges are from $36-65/hour. We are currently billing zoning consultant review at $75/hour and engineering rates exceed $ 100/hour. Rather than base on actual hourly rates, I recommend in the draft to use rates consistent to those of the consultant rates. Title 10 is the Zoning Ordinance, therefore amendments do require a public hearing to be conducted by the Plan Commission. Proposed amendment: D. Consultant Fees And Payment To City Personnel: 1 . Payment to all consultants retained by the city in any capacity connected with the application shall be based on mutually agreed upon contracts formally authorized by the city council. The , potation of the eit. staff time s hall be based an ...,lanes of the personnel invelved plus fifty pefeepA (507%) to eover everthead and administr 2. At no time shall there be any transfer of funds from any developer to any consultant or city staff personnel. All payment to consultants shall be executed only under the conditions specified in the subsection above, and the developers shall be invoiced directly and solely by the city. (Ord. 1973-56A, 3-28-1974) 2 DRAFT September 30,2009 1-7-9:ANNEXATION�ZONING AND SUBDIVISION FEES:, Deleted: AND -- - Deleted:¶ A.Imposition Of Application Fees: Deleted:A.council Findmgs:tl I.Any review fees,any expert 1.The city shall receive fees consultation,any necessary review of accompanvinpan-y_petition regarding requests for building plans,moing sketches.. annexation,site plan approval,zoning chance,special use,variance,concept plan, preliminary plats,engineering plans and concept PUD plan,preliminary PUD plan,preliminary subdivision plan.final final plats or the review of any performance standards necessary under subdivision plan,final subdivision plat,review of zoning change within 1'/z mile the:onins and subdivision control planning jurisdiction of city but outside city limits.and review of subdivision ordinances of the city slhall be done at the expense of the developer or petitionec2. within 11/2 mile planning iurisdietign of city but outside city limits as follows: , The city,enough its building and zoning ncommittee or the city council,shall retain such experts es are deemed to be necessary in We colejudgmem of the city - - - - - - - for purposes ofrc iaw of the above referenced plans.All charges shall be a. Site Plan 150.0 based bored on actual tove.1 is billed to We city by any experts to which said plans are b. Annexation* $250.00 plus$10.00 Der 3.Any forioneraQ 3.Any petitioner or developer who is acre for acreage in excess of subject to 11.imposition of said fees shall 115 acres, pay the smne within thirty(30)der Deleted:B.Imposition Of Fees: „ 2 k. Zoning change, $200.00plus$10.00 per Formatted:Font:Tines New acre or,acreage in excess of Formatted:Font:Times New 5 acres. .p. Special use, 250.00 plus$10.00 per Formad:a - - - Formatted:Font:Times New acre.for acreage in excess o - - - - - Formatted:Font:Times New 5 acres. Deleted:only dr Variance* Deleted;application fee -pt-- --F- one plan,Concept PUD Plan r Fi SOOAo Deleted:charge on �. Preliminary Plan/Preliminary PUD Plan/�nal $500.00. celeted:any Subdivision Pat, �� Deleted:b '. Review of zoning chance or $2 subdivision within 50.00. Deleted;application l'/,mile planning jurisdiction of city but outside Deleted:$250.00 annexafion, city lints Formatted:Font:Times New t Deleted:, * In the event an Annexation and Zoning;Change take place at the same time, Formatted:Font:Times New only one per acre application fee shall be charged to petitioners by the city. Deleted:c Formatted:Font:Times New **The Variance application fee includes costs for publishing required public Deleted:f notices. The petitioner is responsible for all other costs described by Section D Deleted:p below. Deleted:approval Deleted:d B. Imposition Of Plan Review Fees:, _ Formatted:Font:Times New Deleted:e. ... 3 L The petitioner shall be responsible for any expenses related to any staff review fees and any expert and/or legal consultation for review of plans including site Formatted:FoneTimes New plans,zoning sketches,preliminary plats,engineering plans and fmal plats or the Formatted:Font tz pt Deleted:(Drd.1992-I6,12-10-1992) 1 DRAFT September 30,2009 review of any performance standards necessary under the zoning,subdivision control,wetland, landscape,appearance code,and/or design guideline ordinances. 2. The city,tluough its City Administrator or desioice shall retain such experts as are deemed to be necessary in the sole judgment of the city for purposes of review of the above referenced plans. All charges shall be based upon actual costs billed to the city by any experts to which said plans are referred for review. 3. The City Administrator,m'designee,shall have the authority to refuse to perform any reviews of the above referenced plans or to execute final plats of subdivision or to give fmal building or occupancy permits until said review fees are paid to the city. 4. City Personnel Review Fee: The following rates shall apply to services performed by city personnel while reviewing petitions for property Annexation, Zoning Change,Concept Plan,Concept PUD Plan,Preliminary PUD Plan, Preliminary Subdivision Plan,Final Subdivision Plat, Site Plan Review as well as any petitions to amend above listed petitions: Hourly Rate* Land Use and Corn rehensive Plan Cont Hance Review $100.00 Formatted:Font:Times New b. Zoning Conil2liance Review $75.00 Formatted:Font:Times New c. Landscape Plan Review $75.0 - Font:Times New d. GIS Services IMUMU Formatted:Font:Times New *The above rates shall be applied in 025 hour increments. 5. Engineering Review Fee: An Engineering Review Fee shall be assessed for all new subdivisions,platting or re-platting of existing subdivisions,or for building permit applications where Engineering review is necessary by City Ordinance (Site Plan Review),statute,or resolution and said review is conducted by city personnel. The Engineering Review Fee will be charged at the rate of 1.25%of the approved engineer's estimate of cost of all land improvements,as defined in the Yorkville Subdivision Control Ordinance. The Engineering Review Fee is calculated following staff approval of said plan(s)and due prior to issuance of building permit or recording of Plat whichever occurs first. A Coordinate Fee is not to be assessed if an Engineering Review Fee is assessed. 6. Coordination Fee: A Coordination Fee to cover costs of services of city persomtel thne spent coordinating and attending meetings relative to a Petition's review being completed by an outside engueerhtg consultant. The Coordination Fee shall be assessed for all new subdivisions,platting or re-platting of existing subdivisions,or for building penuit applications where Engineering review is necessary by City Ordinance(Site Plan Review), statute,or resolution and said review is conducted by an outside engineering consultant. The Coordination Fee will be charged at the rate of 0.35%of the approved engineer's estimate of cost of 2 DRAFT September 30,2009 all land improvements,as defined in the Yorkville Subdivision Control Ordinance. The Coordination Review Fee is calculated following staff approval of said plan(s)and due prior to issuance of building permit or recording of plat whichever occurs first. An Engineering Review Fee is not to be assessed if a Coordination Fee is assessed. 7. Administrative/Inspection Review Fee: An Administrative/Inspection Review Fee to be used to cover costs of services provided by the Public Works Department and Administrative Staff shall be assessed for all new subdivisions, platting or re-platting of existhnp,subdivisions,or for building permit applications where Engineering review is necessary by City Ordinance(Site Plan Review), statute,or resolution. The Administrative/Inspection Review Fee will be cbarged at the rate of 1.75"/ of the approved engineer's estimate of cost of all land improvements,as defined in the Yorkville Subdivision Control Ordinance. The Administrative/Inspection Fee is calculated following staff approval of said plan(s)and due prior to issuance of building permit or recording of plat whichever occurs first. The Administrative/Inspection Fee is in addition to the Citv Personnel Fee and Engineering Review/Coordination Fee. C. Imposition Of Deposits For Plan Review: 1. Engineering Review Deposit: To cover expenses related to engineering consultant services,the petitioner shall tender an Engineering Deposit with the city at the time of application for property Annexation,Rezoning,Concept Platt, Concept PUD Plan,Preliminary PUD Plan,Preliminary Subdivision Plan,Final Subdivision Plat,and Site Plan Review according to the following schedule: De esit Formatted Table a. One(1)acre or less $2000.00 Formatted:Font:Times New b. Over one 1 acre but not over ten 10 acres 5000.00 Formatted:Font:Times New c. Over ten 10 acres but not over for 40 acres $10000.00 FormWF. Times New d. Over fort 40 acres but not over one hundred 100 acres $20000.00 FormTimes New e. Over one hundred 100 acres 25000.00 Form Times New Form Times New 2. Clty POLSOIInel ROVieW DeDDSit: TO(:OVei eXDenSeS 1'elaled l0 Dlan 1'eVleW Form Times New yerfom ed by city personnel and outside legal and/or plarmitig consulta»ts, the petitioner shall tender a deposit with the city at the time of application for Formatted:Font:Times New property Annexation,Rezoning,Concept Plan,Concept PUD Plan,Preliminary Formatted:Font:Times New PUD Plan.Preliminary Subdivision Plan,Final Subdivision Plat,and Site Plan Formatted:Font:limes New Review according to the following schedule: Formatted Table Formatted:Font:Times New De cisit A Formatted:Font:Times New Less than two 2 acres 2000.00 Formatted:Font;Times New b. Two 2 acres to ten 10 acres $5000.00 e. On (I 0)acres 10000.00 Formatted:Font: ver te Times New Formatted:Font:Times New Formatted:Font:Times New 3 DRAFT September 30,2009 3. In the event that a deposit amount described above is reduced to a Sum of 10% or less of the original deposit amount,due to monthly buildings the City Administrator,or designee,shall request an additional deposit in the amount of 100%of the initial deposit amount,for future,reasonably-expected sums to be incurred on such projects,unless City Administrator believes that the remaining balance is sufficient to satisfy any future consultation or staff billing needs. 4. Any amount of deposit remaining after payment of plan review fees,expert and/or legal consultation fees shall be refunded to the petitioner following the ciri receipt of applicable Engineering Review Fees and Admmjstrative/htspecliorn Review Fee. . hn osition of Le al Notice Court Reportiruz and Recordin Fees: The petitioner shall re responsible for any and all costs related to Publishiniz le al notices recordilip and ranscribiniz public hearings and filinp documents with the County Recorder pertainini4 to he petitioner request. Said fees will be paid by the City and reimbursed using funds le posited as described by Section C above. The petitioner is responsible for the reparation and mailing of any and all required notices of public hearing to surrounding noverty owners as described by Title 10 Zoning. . Imposition of Weather Warning Siren System Fee: All future territory annexed to the Deleted:t united city of Yorkville shall pay a fee of seventy five dollars($75.00)per acre to fund a weather warning siren system,payable on a per acre basis at the earlier of the time of final plat approval for the portion of the territory subject to a particular final plat,or at time of building permit issuance if the territory is not subdivided,whichever occurs fast. A separate weather warning siren fund shall be created to budget for this expenditure. Additional community needs shall be identified and funded in a similar manner should the weather warning siren fund not ever become fully funded. (Res. 02-36, 10-8-2002) Deleted:2.It i,t fivlher otdauted that in the event annexation and zomdng take place at the same time,only one per acre fee shall M charged m pehtio by the city.lprd.1992-16,12-10-1992)1 4 Page 1:[3]Deleted Travis Miller 9/11/2009 3:03:00 PM A. Council Findings: 1. Any review fees, any expert consultation,any necessary review of building plans, zoning sketches,preliminary plats, engineering plans and final plats or the review of any performance standards necessary under the zoning and subdivision control ordinances of the city shall be done at the expense of the developer or petitioner.2. The city,through its building and zoning committee or the city council, shall retain such experts as are deemed to be necessary in the sole judgment of the city for purposes of review of the above referenced plans. All charges shall be based upon actual costs billed to the city by any experts to which said plans are referred for review. 3. Any petitioner or developer who is subject to the imposition of said fees shall pay the same within thirty(30) days of being invoiced therefor by the city. 4. The city council shall have the right, through its city administrator, to refuse to execute final plats of subdivision if it so desires or to give final building or occupancy permits until said review fees are, in fact,reimbursed. (Ord. 1993-7A, 3-25-1993) Page 1:[2]Deleted Travis Miller 8/27/2009 2:14:00 PM B. Imposition Of Fees: 1. The city council and the mayor hereby authorize the imposition of the following schedule of annexation and zoning fees: Page 1:[3]Deleted Travis Miller 9/11/20094:08:00 PM e. f Planned unit development $500.00. DRAFT September 30, 2009 1-7-9: ANNEXATION, ZONING AND SUBDIVISION FEES: A. Imposition Of Application Fees: 1 . The city shall receive fees accompanying any petition regarding requests for annexation, site plan approval, zoning change, special use, variance, concept plan, concept PUD plan, preliminary PUD plan, preliminary subdivision plan, final subdivision plan, final subdivision plat, review of zoning change within 1 'h mile planning jurisdiction of city but outside city limits, and review of subdivision within 1 % mile planning jurisdiction of city but outside city limits as follows: b. ( Annexation* I ' a. SrtePh $ 150.00$250.00 plus $ 10.00 per �5 aereor acreage in excess o b. Zoning change* ($200.00 plus $ 10 00 per acre for acreage in excess of 15 acres. c. [Special use ( $250.00 plus $ 10.00 per acre for acreage in excess of j 15 acres. -- d. Variance* * � $20000 d. (Concept plan/Concept PUD Plan $500.00 e. Preliminary Plan Preliminary PUD Plan Final $500.00 Subdivision Plat f Review of zoning change or subdivision within $250.00 1 1/2 mile planning jurisdiction of city but outside city limits * In the event an Annexation and Zoning Change take place at the same time, only one per acre application fee shall be charged to petitioners by the city. ** The Variance application fee includes costs for publishing required public notices. The petitioner is responsible for all other costs described by Section D below. B. Imposition Of Plan Review Fees: 1 . The petitioner shall be responsible for any expenses related to any staff review fees and any expert and/or legal consultation for review of plans including site plans, zoning sketches, preliminary plats, engineering plans and final plats or the 1 DRAFT September 30, 2009 review of any performance standards necessary under the zoning, subdivision control, wetland, landscape, appearance code, and/or design guideline ordinances. 2. The city, through its City Administrator or designee, shall retain such experts as are deemed to be necessary in the sole judgment of the city for purposes of review of the above referenced plans. All charges shall be based upon actual costs billed to the city by any experts to which said plans are refereed for review. 3. The City Administrator, or designee, shall have the authority to refuse to perform any reviews of the above referenced plans or to execute final plats of subdivision or to give final building or occupancy permits until said review fees are paid to the city. 4. City Personnel Review Fee: The following rates shall apply to services performed by city personnel while reviewing petitions for property Annexation, Zoning Change, Concept Plan, Concept PUD Plan, Preliminary PUD Plan, Preliminary Subdivision Plan, Final Subdivision Plat, Site Plan Review as well as any petitions to amend above listed petitions: Hourly Rate* a. Land Use and Comprehensive Plan Compliance Review $ 100.00 b. Zonin g Compliance Review $75.00 c. Landscape Plan Review $75.00 d. GIS Services $ 100.00 * The above rates shall be applied in 0.25 hour increments. 5 . Engineering Review Fee: An Engineering Review Fee shall be assessed for all new subdivisions, platting or re-platting of existing subdivisions, or for building permit applications where Engineering review is necessary by City Ordinance (Site Plan Review), statute, or resolution and said review is conducted by city personnel. The Engineering Review Fee will be charged at the rate of 1 .25% of the approved engineer' s estimate of cost of all land improvements, as defined in the Yorkville Subdivision Control Ordinance. The Engineering Review Fee is calculated following staff approval of said plan(s) and due prior to issuance of building permit or recording of plat whichever occurs first. A Coordinate Fee is not to be assessed if an Engineering Review Fee is assessed. 6. Coordination Fee: A Coordination Fee to cover costs of services of city personnel time spent coordinating and attending meetings relative to a petition' s review being completed by an outside engineering consultant. The Coordination Fee shall be assessed for all new subdivisions, platting or re-platting of existing subdivisions, or for building permit applications where Engineering review is necessary by City Ordinance (Site Plan Review), statute, or resolution and said review is conducted by an outside engineering consultant. The Coordination Fee will be charged at the rate of 0.35% of the approved engineer's estimate of cost of 2 DRAFT September 30, 2009 all land improvements, as defined in the Yorkville Subdivision Control Ordinance. The Coordination Review Fee is calculated following staff approval of said plants) and due prior to issuance of building permit or recording of plat whichever occurs first. An Engineering Review Fee is not to be assessed if a Coordination Fee is assessed. 7. Administrative/Inspection Review Fee: An Administrative/Inspection Review Fee to be used to cover costs of services provided by the Public Works Department and Administrative Staff shall be assessed for all new subdivisions, platting or re-platting of existing subdivisions, or for building pennit applications where Engineering review is necessary by City Ordinance (Site Plan Review), statute, or resolution. The Administrative/Inspection Review Fee will be charged at the rate of 1 .75% of the approved engineer' s estimate of cost of all land improvements, as defined in the Yorkville Subdivision Control Ordinance. The Administrative/Inspection Fee is calculated following staff approval of said plants) and due prior to issuance of building permit or recording of plat whichever occurs first. The Administrative/Inspection Fee is in addition to the City Personnel Fee and Engineering Review/Coordination Fee. C. Imposition Of Deposits For Plan Review: 1 . Engineering Review Deposit: To cover expenses related to engineering consultant services, the petitioner shall tender an Engineering Deposit with the city at the time of application for property Annexation, Rezoning, Concept Plan, Concept PUD Plan, Preliminary PUD Plan, Preliminary Subdivision Plan, Final Subdivision Plat, and Site Plan Review according to the following schedule: Deposit Amount a. One (1) acre or less $2000.00 K Over one ( 1) acre but not over ten 10) acres $5000.00 c. Over ten 10 acres but not over fort 40 acres $ 10000.00 d. Over forty (40) acres but not over one hundred 100 acres $20000.00 e. Over one hundred ( 100) acres $25000.00 2. City Personnel Review Deposit: To cover expenses related to plan review performed by city personnel and outside legal and/or planning consultants, the petitioner shall tender a deposit with the city at the time of application for property Annexation, Rezoning, Concept Plan, Concept PUD Plan, Preliminary PUD Plan, Preliminary Subdivision Plan, Final Subdivision Plat, and Site Plan Review according to the following schedule: Deposit Amount a. Less than two (2) acres $2000.00 b. Two 2 acres to ten 10) acres $5000.00 c. Over ten 10 acres $ 10000.00 3 DRAFT September 30, 2009 3 . In the event that a deposit amount described above is reduced to a sum of 10% or less of the original deposit amount, due to monthly buildings, the City Administrator, or designee, shall request an additional deposit in the amount of 100% of the initial deposit amount, for future, reasonably-expected sums to be incurred on such projects, unless City Administrator believes that the remaining balance is sufficient to satisfy any future consultation or staff billing needs. 4. Any amount of deposit remaining after payment of plan review fees, expert and/or legal consultation fees shall be refunded to the petitioner following the city receipt of applicable Engineering Review Fees and Administrative/Inspection Review Fee. D. Imposition of Legal Notice, Court Reporting and Recording Fees: The petitioner shall be responsible for any and all costs related to publishing legal notices, recording and transcribing public hearings and filing documents with the County Recorder pertaining to the petitioner request. Said fees will be paid by the City and reimbursed using funds deposited as described by Section C above. The petitioner is responsible for the preparation and mailing of any and all required notices of public hearing to surrounding property owners as described by Title 10, Zoning. E. Imposition of Weather Warning Siren System Fee: All future territory annexed to the united city of Yorkville shall pay a fee of seventy five dollars ($75.00) per acre to fund a weather warning siren system, payable on a per acre basis at the earlier of the time of final plat approval for the portion of the territory subject to a particular final plat, or at time of building permit issuance if the territory is not subdivided, whichever occurs first. A separate weather warning siren fund shall be created to budget for this expenditure. Additional community needs shall be identified and funded in a similar manner should the weather warning siren fund not ever become fully funded. (Res. 02-36, 10-8-2002) 4 STATE OF ILLINOIS ) ss COUN'T'Y OF KENDALL ) RESOLUTION NO: 2002- RESOLUTION AMENDING CITY ORDINANCE WITH REGARD TO PAYMENT OF DEVELOPER DEPOSITS AND ENGINEERING RE= FEES WHEREAS, The Mayor and City Council of the United City of Yorkville, having considered the City's expense for review of engineering and land improvements and the provision of certain administrative services associated with private development; and WHEREAS, this expense is increasing with the growing development in and around the City; and WHEREAS, the United City of Yorkville has conducted a study with regard to its costs for Engineering Review by the City; and WHEREAS, the Mayor and City Council consider it to be in the Best interests of the community to charge developers a reasonable fee for these costs based upon the actual cost of services rendered by the United City of Yorkville. NOW THEREFORE, be it resolved by the•CTfY COUNCIL AND THE MAYOR OF THE UNITED CITY OF YORKVILLE, upon motion duly made, seconded, and approved, that the following fees will be assessed for all future developments in and around the City, as follows: 1 . An Engineering Review Fee .will be assessed for all new subdivisions, platting or re-platting of existing subdivisions, or for building permit Page I of 4 y C.1 applications where Engineering review is necessary b h' Ordinance, statute, or resolution. 21 The Engineering Review Fee will be charged from the time of initial contact to the time of final plat and plan approval, and will cover all normal city expenses. ^ 3, The Engineering Review Fee will be charged at the rate of 1 .25% of the approved engineers estimate of cost of all land improvements, as defined in the yorkville Subdivision Ordinaace. 'The developer shall tender a deposit of $500 upon submittal of the concept plan. Additional deposits required at the time of application for Site Plan approval are due according to the following schedule: A. One (1 .00) acre, or any fraction thereof: $1000.00 B . In excess of one {1 .00) acre, but not over ten (10.00) acres: $2500.00 C. In excess of ten (10.00) acres, but not over forty (40.00) acres: $5000.00 D. In excess of forty (40.00) acres, but not over one hundred (100.00) acres: $10,000.00 E. In excess of one hundred (100.00) acres: $20,000.00 4 An Administrationllnspecticn Fee will be charged at the rate of 1 .75% of the approved Engineering estimate of construction costs of land improvements, including but not limited to, all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by homeowners' associations, such as private storm sewer, parlang areas, and trails. Page 2 of 4 This fee shall also be used to cover costs of services provided by the Public Works Department and Administrative Staff. This fee will be due prior to recording of Final Plat. 5. The City reserves the right to charge and collect fees on an hourly basis for complex work or time-consuming developments with City Council approval, if the time expended on a particular development project exceeds the percentage fees set out above. 6. Development charges for legal and planning services for projects outlined above that occur within the one and one-half mile planning area, but outside of the City Limits, shall be paid to the City prior to the commencement of annexation, preliminary plat applications being considered, or the time of filing of petitions far zoning, rezoning, variances, or special uses, and shall be charged on an hourly basis at customary City or outside consulting rates as are incurred by the City. 7. In the event that a deposit described in sections 3 and/or 6 above is reduced to a sum of 10 % or less of the original deposit amount, due to monthly billings, the City Administrator shall request an additional deposit in the amount of 100 % of the initial deposit amount, for the future, reasonably-expected sums to be incurred oa such projects, unless the City Administrator believes that the remaining balance is sufficient to satisfy any future consultation or staff billing needs. 8. This Ordinance, upon passage, will be effective for all existing or pending developments and for all future developments. Page 3 of 4 SEVERABILITY: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. I REPEALER: Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. i EFFECTIVE DATE: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. MIKE ANDERSON JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MAR.TY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, gayor of the United City of Yorkville, Kendall C V, Illinois, this Day of[16_ A.D. 200 . MAYO PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of V_�J A.D. 20 4o Attester— ^ CITYICLERK Page 4 of 4 STATE OF ILLINOIS ) )as COUNTY OF KENDALL ) RESOLUTION NO : 1999-1}_ RESOLUTION AMENDING CITY ORDINANCE IN . REGARD TO PAYMENT OF DEVELOPMENT REVIEW FEE DEPOSITS AND PAYMENT OF ENGINEERING AND REVIEW FEES WHEREAS, the City Staff, City Plan Commission and City Council spend a substantial amount of time and effort in reviewing applications £or Re-Zoning, Special Uses, and Subdivision Plats within a one and one-half mile radius of the UNITED CITY OF YORKVILLE, as required by Illinois Compiled Statutes; and WHEREAS, both Staff time and Independent Consultant time that is in turn billed to the City is incurred for review of the above referenced projects in the one and one-half mile planning radius outside of the City Limits; and WHEREAS, both ReviewFees, Outside Consultant Fees, and Deposits forpayment of those fees are required for any Petitioner seeking approval within the Corporate Boundaries of the United City of Yorkville; and WIMREAS, itis unjust to require Petitioner within the City Boundaries to pay those fees and to require the Citizens of Yorkville to subsidize those same services that are incurred for developments and zoning proj ects within the one and one=halfmile Planning area, but not within the 1 L; Corporate Boundary: NOW THEREFORE, upon Motion duly made, seconded, and approved by a majority of those City Council members voting , the existing City Number _ is hereby amended to provide as follows: 1 . That Engineering Review Fees shall be charged for any Zoning, Special Use, or Subdivision Pla,t that approval is sought within the one and one-half mile Planning Area of the UNITED CITY OF YORKVILLE that it is bound to do a Municipal Review at the rate of$400.00 per each acre up to five (5) acres, plus $50.00 for each acre thereafter. 2. Development deposits for Legal, Planning, and Outside Consultants for projects outlined above that occur within- the one and one-half mile Planning Area shall be paid to the City Clerk prior to the schaduiing of said Plan Review upon the following terms and conditions: $1 ,000.00 for Applications under 2 acres, $2,500.00 for Applications between 2 and 10 acres, and $5,000.00 for any Applications concerning' more than 10 acres of real property. Any amount of deposit remain ingafterpayment of Engineer Review Fees, Legal, Planning and Outside Consultants for which direct expenses are incurred by the UNITED CITY OF YORKVILLE for said project, shall betaken from said D evelopment Fee Deposit and amount so remaining after payment of those bills shall be refunded to the Applicant. SEVERABILITY: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of 2 competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. REPEALER: Any Ordinances orparts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. EFFECTIVE DATE : This Ordinance shall be in full force and effect 15 days from and after its passage and approval by the Mayor and City Council. BURTON CALLMER DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by me, as Mayor of the United City ofYorkvMe, Kendall County, Illinois, this //Day of December, A.D. 1999. • a MAYOR, ARTHUR F. PROCHA IR. PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this 3 I ' 'a of December,, A.D. 1999. Attest: nl o0r1iLA 1� LID L CITY CLERK, DEBORAH SMACINS Law OfEces ofD4niel J. I{ramer 11071 South Bridge Street Yorkville, Illinois 60560 630-553-9500 4 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2006 - X\ ORDINANCE AMENDING CITY ORDINANCE WITH REGARD TO PAYMENT OF COORDINATION FEE WHEREAS, the Mayor and City Council of the United City of Yorkville, having considered the City's expense for the cost of City staff time spent coordinating and attending meetings relative to a new development's review being completed by an outside engineering consultant; WHEREAS, this expense is increasing with the growing development in and around the City; and WHEREAS, the Mayor and City Council consider it to be in the best interests of the community to charge developers a reasonable fee for these costs based upon the actual cost of services rendered by the United City of Yorkville, NOW THEREFORE, be it resolved by the CITY COUNCIL AND THE MAYOR OF THE UNITED CITY OF YORKVILLE, upon motion duly made, seconded, and approved, that the following fee will be assessed for all future developments in and around the City, as follows: 1 . A Coordination Fee will be assessed for all new subdivisions, platting or re-platting of existing subdivisions or where engineering review is necessary by City ordinance, statute, or Ordinance when the review is completed by an outside engineering consultant. 2. The Coordination Fee will be charged from the time of initial contact to the time of final plat and plan approval, and will cover all normal City expenses. 3. The Coordination Fee will be charge at the rate of 0.35% of the approved engineer's estimate of cost of 4 land improvements, as defined in the Yorkville Subdivision Control Ordinance, and will be due prior to the recording of the final plat of subdivision. Page I of 3 4, This Ordinance, upon passage, will be effective for all existing at pending developments and for all future developments. SEVF.RABILITY: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. REPEALER: Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. EFFECTIVE DATE: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JASON LESLIE JOSEPH BESCO VALERIE BURR PAUL JAMES y� DEAN WOLFER _ MARTY MUNNSJ ROSESPEARS JAMESBOCK APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this aV day o A.D. 2006. X,r Mayor PASSED by City Council of the United City of Yorkville, Kendall County, Illinois, this day ol7v x�. A.D. 2006. City Clerk Page 2 of 3 Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3