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Economic Development Packet 2009 02-03-09 Co.o United City of Yorkville J '`� 800 Game Farm Road EST. �Z 1836 Yorkville, Illinois 60560 4 -� Telephone: 630-553-4350 ,A County Seal O Fax: 630-553-7575 Kentlall County 'LE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, February 3, 2009 7:00 PM City Hall Conference Room Presentation: None Minutes for Correction/Approval: December 2, 2008 Items Recommended by Plan Commission for Approval: 1. PC 2008-28 Daniel Laniosz (Thistle Stop Garden Shop) Annexation Agreement Amendment — Site Plan 2. PC 2009-01 Zoning Ordinance Chapter 16 — Wind Energy Systems New Business: 1. EDC 2009-01 Building Permit Reports for November and December 2008 2. EDC 2009-02 Monthly Plan Commission Report for December 2008 3. EDC 2009-03 Monthly Plan Commission Report for January 2009 4. EDC 2009-04 Kendall County Revolving Loan Program— Discussion 5. EDC 2009-05 Ordinance Amending City Code Regarding Advertising on Signs and Buildings 6. EDC 2009-06 Easement Agreement — Raintree Village Homeowners Association 7. EDC 2009-07 "Shop Yorkville" Campaign — Discussion Old Business: 1. EDC 2008-48 Integrated Transportation Plan — Progress Report/Project Update 2. EDC 2008-47 Zoning Ordinance Update — Status Report Additional Business: Economic Development Committee February 3, 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 Besco Travis Miller Alderman Werderich "Facilitate large lot planning areas, with exploration on agricultural Alderman Besco 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 Besco Dave Mogle Alderman Werderich "Open space acquisition." Alderman Sutcliff Dave Mogle 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 Alderman Allen Travis Miller help Route 47 expansion via contact with Springfield." UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, February 3, 2009 7:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. December 2, 2008 ❑ Approved as Presented ❑ Approved with Corrections --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED BY PLAN COMMISSION FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2008-28 Daniel Laniosz (Thistle Stop Garden Shop) Annexation Agreement Amendment— Site Plan ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2009-01 Zoning Ordinance Chapter 16—Wind Energy Systems ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2009-01 Building Permit Reports for November&December 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2009-02 Monthly Plan Commission Report for December 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2009-03 Monthly Plan Commission Report for January 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2009-04 Kendall County Revolving Loan Program—Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2009-05 Ordinance Amending City Code Regarding Advertising on Signs and Buildings ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. EDC 2009-06 Easement Agreement Raintree Village Homeowners Association ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. 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 --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2008-48 Integrated Transportation Plan—Update and Steering Committee Formulation ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2008-47 Zoning Ordinance Update Zoning Commission Formulation Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, December 2, 2008 City Conference Room In Attendance: Committee Members Chairman Gary Golinski Alderman Joe Besco Alderman Robert Allen Alderman Marty Munns(left 8:45 PM) Other City Officials Mayor Valerie Burd Alderwoman Robyn Sutcliff City Administrator Brendan McLaughlin Community Development Director Travis Miller Assistant City Administrator Bart Olson Other Guests Lynn Dubajic,YEDC(arrived 7:25 PM) Tony Scott,Kendall County Record City Attorney,Kathleen Field Orr Attorney Andrew Kolb, CVS(left 7:20PM) Mayor Judy Heim,Millbrook Mark Mastrorocco,Pulte Homes(left 8 PM) The meeting was called to order by Chairman Gary Golinski at 7:00 PM. Minutes for Correction/Approval: October 7,2008 The minutes were approved as written. Items Recommended by Plan Commission for Approval: 1. PC 2008-22 G.B.Illinois 2,LLC—CVS Pharmacy Special Use Request for a Drive Through Facility on Lot 5 of Cobblestone Commons. Travis Miller stated that the plat for Cobblestone Commons has not been recorded. It has been approved but the petitioner waits for the fees to be paid. At issue is whether the petition should be approved by City Council,pending the payment of fees. If approved,this would set a precedent for other developments and would possibly cause complications with the city's approval processes. Mr. Kolb said the process for approval is sequential,with zoning approved and at last, funding. He is asking that the sign variance, if approved at ZBA on Dec. 3,and drive through request,presented at Nov. 12 plan commission, be on the City Council agenda for Dec. 9,placing the petitioner in a quick mode for building when fees are paid. The close of the sale will not be completed until the payment of$180.000 by the developer is made and the ordinances would be contingent on the payment. CVS would not be interested in developing the entire piece. The Mayor suggested that the developer sit down with City staff to discuss where the entire process is. When this meeting has been completed,the City and the petitioner will have a clearer picture of where the process is. This petition can move ahead without another EDC meeting before it goes to City Council. 2. PC 2008-23 Full House Ventures—Special Use Request for a Single Family Apartments in a Business Building. The petitioner is proposing the addition of two apartments(downstairs)to the building,which currently houses four upstairs apartments and a business office downstairs. ICCI has checked the building and there are no code violations and apartment fixtures are in place. Mr. Paravola thinks this is a viable alternative for the building,because of the economic conditions now. He is hopeful the market will change,so he will 2 be able to become an integral part of the downtown redevelopment and increase(long term)the business traffic in his building. Alderman Besco voted in favor of the 3-year special use. Alderman Golinski appreciates the additional landscaping trees offered in lieu of landscaping near the building. Bob Allen would like the city to check on the property taxes to see if they are residential or commercial on the building,and if the petitioner is paying school taxes. This will move forward to City Council on December 9`". New Business: 4. EDC 2008-53 Pulte Fee Reduction Request for Autumn Creek Mayor Burd suggested this item be discussed(out of order)to insure that Mr.Mastrorocco would not have to wait. Pulte Homes sent the City a request for fee reductions and payment delays for the Autumn Creek Subdivision. The first request would be a lock on the per home fee until the year 2017. The two major changes in fees would be the municipal building(from$150 to$5509)and county road fees($0 to$1475). Should these be frozen,the city would stand to lose over$2 million in revenue. Currently Pulte has a lock on fees until 2010. The developer also has the option to prepay fees at the time of final plat,which would reduce Pulte's expenses considerably. The committee members discussed the repercussion of a freeze for just one development and if a freeze for one year, Jan. 07 through Dec. 09,would be an option for all builders. Brendan McLaughlin suggested that each developer should bring a freeze or lock on price proposal,year by year,to the city. The second option would delay the time the city is paid for its services, so the impact fees would be paid, not at the time of the building permit,but when the certificate of occupancy is picked up. The third option would shift the timing of payment of building permit fees from building permits to 50%at building permit and 50%at certificate of occupancy. The city is suggesting that 80%of the fees is paid with the application of the building permit and 20%will be paid when the certificate of occupancy is issued. The fourth option would reduce impact fees by 18%. The city believes this is not based upon sales amounts of the units, so there would be no correlation between the cost of the city services a unit requires and the cost of the residential unit. The members of the committee are in favor of option#2 and option#3. These would require amendments to the annexation agreement. There will be at a public hearing at city council in January. Old Business: 1. EDC 2008-06 Millbrook Boundary Agreement—Discussion Mayor Burd asked the committee members if they might discuss this matter(out of order)as a courtesy to Mayor Heim. This item has been in front of the committee twice. Mayor Heim stated that their village has been active in the Fox Township land use plan,committing dollars to the review of this plan. Millbrook also has an intergovernmental agreement with Kendall County regarding the planning and zoning. The boundary agreement must be reviewed with Plano's per Kathy Orr,because the city does not want any verbiage overlap in the agreements. The Yorkville boundary will go to Eldamain Road,then High Point. The land west of that will be subject to an agreement between Yorkville and Plano. Mayor Burd stated that giving away property on the other side of a boundary, as in the case of Montgomery and Sugar Grove,means that jurisdiction of those areas is also given away. Mayor Heim stated the boundary line is pretty much been decided upon,and that it is very close to, or within the 1 'h mile boundary of Millbrook. Mayor Burd feels that,not only is the electorate to represent Yorkville,but how 3 they should interact with the surrounding communities. Currently there are pre-annexation agreements all along Caton Farm Road. Infrastructure can be engineered to the areas far south. Alderman Allen feels Yorkville should offer a spirit of neighborly cooperation. He thinks Millbrook and Yorkville need to continue at this time with a boundary agreement,rather than putting it on the back burner continuously. If there are property owners who have differences,these should be addressed individually. Mr. Golinski stated that he wishes to consider the Yorkville constituency and the fact that the Prairie Parkway and a state highway could present a very lucrative commercial business corridor. He shared pictures of commercial development at the Boughton Rd. intersection in Bolingbrook. He suggested that sales tax revenue would bring in millions of dollars should the Prairie Parkway intersection be developed within a Yorkville boundary. In addition,he questions the infrastructure potential of a town of Millbrook's population. He is not in favor of any annexation negotiations at this time. Joe Besco mentioned the Dixon annexation on Yorkville's north border,and feels that communication broke down with the Dixon family during the annexation process. He is not comfortable at this time with any annexation negotiations. The comprehensive plan for Plano does not extend south of the Fox River. The City should discuss the Plano agreement,as it was negotiated in 2001. Typically, a boundary agreement is valid for 20 years. However,there may be clauses in the Plano agreement,which Ms. Orr will check,to see if any portions of the agreement would renew. The aldermen discussed options for this item,since they are not in agreement that it should move out of committee. The governing ordinance,which gives 3 alderman an opportunity to call a meeting,but not the ability to add an item to a meeting,was discussed at length. Chairman Golinski asked staff if it would be in the best interest of the taxpayers if this intersection was conceded to Millbrook. The Mayor stated this was a policy issue and that staff could not give an opinion. Ms. Orr would like to table the discussion for legal review. There was no formal determination by the committee for the direction of this item to another committee or city council. New Business: 1. EDC 2008-50 Monthly Building Permit Report for October 2008 2. EDC 2008-51 Monthly Plan Commission Report for October 2008 3. EDC 2008-52 Monthly Plan Commission Report for November 2008 Travis Miller said that he could project an approximate single family end-of-year figure of 130 units. There are three commercial properties that will soon be permitted: 1) Aldi's new store; 2) Hampton Inn at 1510 N. Bridge Street;and 3)Children of America(Day Care)at Prairie Pointe subdivision,Lot 2A. 5. EDC 2008-54 Wind Energy Systems—Draft ordinance Most counties or municipalities choose to classify wind farms as a special use,primarily because there are potential noise and sight complaints from surrounding property owners. A public hearing allows input from those nearby. There are 3 main types of wind energy systems: 1) large wind energy systems;2)small use energy systems,that are special uses in A-1 agricultural districts, B-4 business districts,M-2 manufacturing districts and PUD districts;and 3)rooftop systems. These are allowable accessory structures in all zoning districts except floodplain districts,and are subject to administrative zoning approval. Alderman Besco mentioned a Mag-lev system,which is a huge energy turbine alternative system. The draft ordinance will be brought forward to plan commission for a public hearing. 4 6. EDC 2008-55 Design Guidelines—update and discussion Staff is recommending re-adoption of the Design Guidelines from the recently repealed Southern Area Comprehensive Plan. This will move forward to the December 9th city council consent agenda. 7. EDC 2008-56 Safe Routes to School Application—update and discussion The deadline for the Safe Routes to School application has been delayed. The funding application has been capped at$250,000 and re-application can be made once a year. The grant,if received,would provide for a new sidewalk between Orange Street and Yorkville Intermediate School. In addition,ADA non- broken sidewalks and ramps on the streets east and west of Route 47 would be targeted for repair with the grant money. Old Business: 2. EDC 2008-12 Economic Incentive Policy—Discussion This item will be on the December 9,2008 city council consent agenda. In particular the evaluation criteria item 7 has been expanded to further what the policy previously included. Ms. Orr commented on the gap financing,a concept she was especially knowledgeable and in favor of,having seen the growth Yorkville has experienced and fmding it beneficial in the revised agreement. The policy's simplified format addresses all businesses including retail and manufacturing/large employers. This will be on the consent agenda at the December 9th city council. 3. EDC 200847 Zoning Ordinance Update—Discussion The first meeting of the steering committee was held on Thursday,Nov. 13,2008. The assessment phase, or first phase,includes the stakeholder interviews and analysis of other zoning ordinances. This phase will be presented to the steering committee at the Jan. 21,2009 meeting. Travis Miller handed out an update and process timeline to members of the committees. 4.EDC 2008-48 Integrated Transportation Plan—update The update offers dates the stakeholder interviews have been completed,and notes the l't task force committee meeting on October 16. There is an online survey and a public workshop scheduled for December 4th at the library. The final report target date is August of 2009,with the City of Yorkville's Sr. Planner, Stephanie Boettcher,Travis Miller,and SEC Group,all working cooperatively on the project. 5. EDC 200849 Meeting Schedule for 2009 The April 7,2009 EDC committee meeting will be moved to Monday,April 6,2009. The conflict was Election Day. The meeting was adjourned at 9:00 PM Minutes submitted by Annette Williams X14. D cli Reviewed By: Agenda Item Number a� �.1+ Legal ❑ Finance F-1 EST. � 183 Engineer ❑ ~-� �- Tracking Number 0 JIM- 18, y City Administrator El �D Consultant ❑ PC 2008-28 CLE ❑ Agenda Item Summary Memo Title: Daniel A. Laniosz (Thistle Stop Garden Shop) Annexation Agreement Amendment Meeting and Date: EDC /February 3, 2009 Synopsis: Request to amend the Site Plan referenced by the Annexation Agreement to allow for business expansion. Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of Annexation Agreement Amendment request Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report Memorandum J " Al 1 To: EDC EST 1835 From: Travis Miller _-- CC: Lisa Pickering(for distribution) ao Date: January 6,2009 C... �ae O Subject: PC 2008—28 Laniosz Commercial Property(Annexation Amendment) LE Background: The petitioner is requesting to amend the site plan(Exhibit C) of the Annexation Agreement approved January 10, 2006. The original agreement references a site plan which includes PINs 05-08-126-002 and 05-05- 300-006. The requested amendment includes a site plan for PIN 05-05-300-013 which is the parcel/area directly east of the approved site plan. The proposed site plan amendment requests to expand the eastern boundary of the active retail site onto the adjacent property also owned by the petitioner and part of the subject property annexed in 2005. The petitioner constructed the `temporary seasonal greenhouse' on PIN 05-05-300-013 after obtaining a temporary permit from the City issued March 7, 2006. This permit expired 180 days following the permit issuance. The petitioner was notified in October and November of 2008 with instructions to remove the structure. Also identified in November 2008, multiple wooden pallets and several items from the landscaping business inventory including several trees and shrubs stored on this parcel which are not consistent with the approved site plan for the property. The proposed site plan amendment would allow for these items to remain. Comprehensive Plan Recommendation for Property The 2008 Comprehensive Plan recommends Neighborhood Commercial and Parks/Open Space land use for the Laniosz property. The eastern parcel, and subject of the amendment request, is recommended for Parks/Open Space and includes an unnamed creek along the eastern boundary. The Transportation Plan recommends a conceptual alignment of Beecher Road to connect to Route 71 in the vicinity of this property. The 2008 Park and Recreation Master Plan recommends a trial alignment along the future Beecher Road alignment and parallel to the unnamed creek. Staff Comments and Recommendations: 1. Buffervard The expansion area slopes down significantly toward an unnamed creek along the eastern edge of the property. A designated buffer between the creek and the actively used areas would be appropriate to help keep sediment from reaching the creek. 1 There is a residential use to the east of the property. The Landscape Ordinance requires a minimum 30' bufferyard width to include 3 shade trees, 5 evergreen and 3 ornamental trees per 100 lineal feet with a 3' berm or masonry wall. The Landscape Ordinances provides credit for existing trees within the bufferyard area. Staff has inspected/evaluated the site and have determine there to be an excess of plant material existing within the bufferyard area(29 trees required with 69 tree credits—an excess of 40 trees). However,the berm or masonry wall requirement is not satisfied. Based on the existing wooded condition of the property, a berm, environmentally,would not be an appropriate improvement. An appropriate substitute for the berm could be a vegetative screen of evergreen or shrubs with a dense branching habit that would mature to 5-6 feet in height. 2. Future trail Alignment-Easement Provision Based on the discussion and testimony heard during the December 10, 2008 Plan Commission meeting, staff has revised the recommendation to including a provision in the Annexation Agreement acknowledging the proposed trail alignment and a statement that the parties of the agreement(Property Owner and City) agree to cooperate and negotiate in good faith in the future rather than requiring an easement conveyance 20 feet in width crossing the subject property as previously recommended. The fact that the precise trail location is currently unknown and no plans are in place to proceed with this project at this time nor anticipated in the near future is the primary reason for the modified recommendation. 3. Beecher Road Future Alignment Right-of-way dedications for Beecher Road have been required as part of annexation agreements including subdivision platting and those requiring roadway infrastructure improvements including Kendall Marketplace, Rush-Copley and Westhaven. Although this property is near the conceptualized future alignment, the precise location of the future roadway has not been determined or engineered by the City at this time. Therefore, a right-of-way dedication requirement from this property may be premature to recommend. However, a provision in the amended agreement acknowledging the proposed alignment of Beecher Road and a statement that the parties of the agreement (Property Owner and City) agree to cooperate and negotiate in good faith in the future may be appropriate to consider. 2 January 28, 2009 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) FIRST AMENDMENT TO ANNEXATION AGREEMENT OF HINSBROOK BANK TRUST #03-008 (LANIOSZ COMMERCIAL P RTY, ROUTE 71) THIS AGREEMENT is made and entered into is day of 2009 by and between THE UNITED CI OF �ORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall Cou ereinafter referred to as "CITY"), HINSBROOK BANK TRUST#03-008 einafter referred to as "OWNER/DEVLEOPER"). WITNESSETH WHEREAS, OWNER/DEVELOPER of the real property which is the subject matter of said Agreement comprising of approximately 3.127 gross acres, more or less, and is more particularly described in the attached Exhibit"A",which is attached hereto and incorporated herein by reference and is hereinafter referenced as the "SUBJECT PROPERTY"; and WHEREAS, the SUBJECT PROPERTY consists of two (2)parcels, as described in the attached Exhibit"A", including a 2.003 acre parcel and a 1.124 acre parcel. —1— WHEREAS, the SUBJECT PROPERTY is located within the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and the SUBJECT PROPERTY was previously annexed to the CITY under Document#200700020738 filed with the Kendall County Recorder of Deeds on July 9, 2007; and WHEREAS, said Annexation Agreement at the time classified the SUBJECT PROPERTY as B-3 Service Business District under the CITY Zoning Ordinance; and provided certain restrictions of use which are hereby requested to be amended by OWNER/DEVELOPER as follows: 1) That Recital J of the original Annexati gre nt is hereby modified to reference Exhibit C-1, a Site Plan fo .124 acre portion of the SUBJECT PROPERTY. WHEREAS, the site plan pr t 1.124 acre portion of the SUBJECT IMW PROPERTY would be adjacen >$e11ZnMtiar1 use; and WHEREAS, the O hoposed to install the vegetative screening as depicted and described by Exhibit"C-1"; a WHEREAS, the CITY Comprehensive Plan recommends a future extension of the Beecher Road alignment that may result in the need for the CITY to acquire right-of-way necessary for this roadway improvement in the future; and WHEREAS, the CITY Comprehensive Plan recommends a future pedestrian, multi-use trail alignment that may result in the need for the CITY to acquire right-of-way and/or easements necessary for this trail improvement in the future; and —2— WHEREAS, The CITY and its Plan Commission has considered the Petition to Amend the Annexation Agreement as to the SUBJECT PROPERTY; and WHEREAS, OWNER have held a Public Hearing in front of the City Council on February 10, 2009, as to said requested Annexation Amendment and prior to the execution of this Agreement; and said Public Hearing Notice, was duly published and a Public Hearing was held to consider this Agreement, as required by the statues of the State of Illinois in such case made and provided; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5111-15.1-1 through 51.1-5, inclusive,relating to Ann tion Agreements, the parties hereto wish to enter into a binding agreement with res ctto ture zoning and development of the SUBJECT PROPERTY and to provide for v they matters related directly or indirectly to the development of the SUBJEC Y in the future, as authorized by, the provisions of said statutes; and WHEREAS,pursuant t e and publication in the manner provided by law, the appropriate zoning authoritie the Y have held such public hearing and have taken all further action required by the prov ions of and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Amendment to Annexation Agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111- 15.1-1 through 65 ILCS 5111-15.1-5, as amended, as follows: —3— A. CITY shall adopt an ordinance approving the requested Annexation Agreement Amendment as to the SUBJECT PROPERTY described herein in the attached Exhibit"A" as follows: 2) Recital J of the original Annexation Agreement is hereby modified to reference Exhibit C-1, a Site Plan for the 1.124 acre portion of the SUBJECT PROPERTY. 3) Paragraph 3 of said Annexation Agreement is hereby modified to state, "Development Conforming With Site Plan. a. The OWNER agrees to develop the SUBJECT PROPERTY in substantial conformance with the Site Plan, attached eto and incorporated herein as Exhibit"C" and Exhibit"C-F. b. The OWNER agrees to install t ative screening as depicted and described by Exhibit"C-1' o h May 25, 2009. c. The OWNER acknow es CITY C le omprehensive Plan recommends a future extension of the Beecher Road alignment that may result in the need for � `11 the CITY to acquire right-of-way necessary for this roadway improvement in the future. The Parties agree to cooperate and negotiate in good faith when said acquisition is necessary. d. The OWNER acknowledges the CITY Comprehensive Plan recommends a future pedestrian, multi-use trail alignment that may result in the need for the CITY to acquire right-of-way and/or easements necessary for this trail improvement in the future. The Parties agree to cooperate and negotiate in good faith when said acquisition is necessary". —4— B. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. C. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pur ant is provisions and the applicable statutes of the State of Illinois. Except to the extent modified herein the original Annexation Agreement entered into between the parties are hereby ratified and re-confirmed as the Agreement of the parties. D. BINDING EA91rCT AV TERM. This First Amendment to Annexation Agreement shall be binding upon inure to the benefit of the parties hereto, and their successors and Owner of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. E. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: —5— If to the CITY: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Kathleen Field Orr, City Attorney 800 Game Farm Road Yorkville, IL 60560 To OWNER/DEVELOPER: Hinsbrook Bank Trust#03-008 Daniel A. Laniosz 22 W. 410 71st Street Naperville, IL 60540 With a copy to: Boyd Ingemunson, Attorney 226 S. Bridge Street rkville, IL 60560 or to such other addresses as any party y fro ime to time designate in a written notice to the other parties. F. ENFORCEABILITY. This A s 1 be enforceable in any court of competent jurisdiction by any of the parties ere by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statute or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. G. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. —6— IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 2008. UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Attest: CITY Clerk Dated: "Ox OWNER: HINSBROOK BANK TRUST #03-008 By: Daniel A. Laniosz Attest: Dated: —7— EXHIBIT LIST Exhibit"A" Legal Description Exhibit"C-1" Site Plan— 1.124 acre parcel —8— 0991-M O 9 Buoy 101 SLLZ00-Y81 •*!7 -- ONWM4 OiHdVUD0d01 - ONU,3MnS ONV-1 b1O90 311.E `JMQ Q9S09 sioujlli 'oll!�Ilq� ��U `$2Ip I D 0 S S pun b X1110 ! �f �I 1 I N°s�lrnt3��'cur ribN 0 { 15 8468 WQS fl1011 t . Y p / .V �1, � Liu Oh eo I °° n Z s ZO .".�.s i"�oty� 25 IT N07.47 Q 275' co(n= 1I X-yo P'Y],o.,PCS2VOI�N.Y Y, T _W I �P„nN°W 30 {.� Pd• C ob+C C 0.']i.::]z 0.�..' 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J.r NW cA•T)F5 Lsck ov Rr I.EASr ' 05 fotSY-714rA � RGI) 7tvcGjED DO&U/00A 905flFS IN TWO pAkjt!VL roDaVt�C°VJN�EAaxi NA f7 S e iw . 15 ,c�° e1rr United City of Yorkville 800 Game Farm Road EST ( 183fi Yorkville, Illinois 60560 �.; Telephone: 630-553-4350 Fax: 630-553-3436 PC# 2-o 0 0 - Z :e APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: -Q+5;-rL1 5;r6f- 6ARbEN Date of Submission: GNaP Requesting: (11fAnnexa t ion 4�PD Ekr [] Zoning [] Planned Unit Development [] Special Use: 1. Name of Petitioner(s): Rl fL I Q Address: dap / � ✓ 'c Phone Number: x„30- O��"' � Fax Number- 1D 3o— Fey';? — Email Address: 1 STG �f,�G — C S J u� JU Relationship of Petitioner(s)to subject property: Owner [] Developer [] Contract Purchaser 2. Name of holder of legal title, if different from#1: BANK Zeusr ?')6-03-06$' If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: MAIJ67L L 0S 3. a). (i). Street address and physical location of subject property: s' ' 'CV ct{ iL 1<V Gib � a (ii). Zoning of surrounding parcels: North: South: ho E—z-� fl re� E East: West: b). Legal description of property; attach as Exhibit"A". (ATr*eHcD) c). Total Acreage: I a d). Kendall County Parcel Number(s) of property: 0,5--0 9- 3410 0O 6 0,5--05-3M -0 (3 k e). Current Zoning Classification: �3 ,L,, f). Zoning Classification Requested: 13—s I�'C ,, e- United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 7.15.2006 16 g). Is this property within City limits? Yes No, requesting annexation 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: u -r c y of Lr 6. List the Illinois Business Tax Number(IBT#)for the State of Illinois and names of businesses located on subject property to be annexed: / E �j/ NNE �D d� 1z AMEr D VA-- SI�PIAA/ Tr 7. Does a flood plain exist on the subject property? L C,, 8. Do Electors reside on the subject property? 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: RoXV Td -C 0 Address: j v2( S, get b<-c 5-rRFz T, olfkViLL� Phone Number: 6t�b— 5,53-- S6aa Fax Number: Email Address: Engineer: Name: �4 Address: Phone Number: Fax Number: Email Address: / Land Planner: Name: A114 Address: Phone Number: Fax Number: Email Address: United City of Yorkville Annexation,PUD,Zoning,special Use Application Revised: 7.15.2008 17 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 40 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: 40 sets folded to fit in a 10"x 13" envelope. (61 T 'C'; d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) legal description, and site plan. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. RIDER Ap'AONED HERETO IS EXPRESSLY Date: //,_ 65--0 y MADE A PART HEREOF Petitioner(s) Signature: (All legal property owners,signatures must appear on this application.) Wayne Humner Trust Company as k Bank � c� � and Trust u Q4-211-203, known BY-T ` J. Pitrowsk�L-11 Ina as Trust No. 03-008 "ssisto_t Vice President Subscribed and sworn to before me this day of OII � 200 S r, Notary Seal THIS APPLICATION MUST BE NOTARIZED. "OFFICIAL SEAL' LENIKA M.OSUNLANA Notary Public,State of Illinois M Commission Expires 5-22-2010 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 7.15.2008 This document is executed by WAYNE HUMMER TRUST COMPANY, N.A. Successor Trustee to Hinsbrook Bank and Trust, not personally but as Trustee under Trust No. 03-008 as aforesaid, in the exercise of power and authority conferred upon and vested in as said Trustee as such, and it is expressly understood and agreed that nothing in said document contained shall be construed as creating any liability on said Trustee personally to pay any indebtedness accruing thereunder, or to perform any covenants, either expressed or implied including but not limited to warranties, indemnifications and hold harmless representations in said document (all such liability, if any, being expressly waived by the parties hereto and their respective successors and assigns) and that so far as said Trustee is concerned, the owner of any indebtedness or right accruing under said document shall look solely to the premises described therein for the payment or enforcement thereof, it being understood that said Trustee merely holds legal title to the premises described therein and has no control over the management thereof or the income therefrom, and as no knowledge respecting any factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said trust. In event of conflict between the terms of this rider and of the agreement to which is it attached, on any questions of apparent liability or obligation resting upon said Trustee, the provisions of this rider shall he controlling. WAYNE HUMMER TRUST COMPANY N.A.Successor Trustee to Hinsbrook Bank and Trust not individually,but As Trustee under Trust Agreement dated 04/21/2003 known as Trust number 03-008 By. r 3 c`, I "-- ;4 J,, 1 Assistant Vied President 18 ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees*and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning -$250 plus $10 per acre for each acre over 5 acres b. Rezoning only-$200 plus$10 per acre for each acre over 5 acres c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees - 1.25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee-$500 f. Engineering Review Deposit- up to 1 acre = $1,000; over 1 acre but not over 10= $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $10,000 over 100 acres= $20,000 g. Deposit for Outside Consultants-under 2 acres = $1,000 2 to 10 acres= $2,500 over 10 acres= $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4t"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: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Representative, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Chief. 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 Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. United City of Yorkville Annexation,FUD,Zoning,Special Use Application Revised: 7.15.2008 19 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 feet 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. Step 5 - Economic Development Committee: The Economic Development Committee meets the Ist Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council: A public hearing is required for annexation or PUD agreements. The City Council meets the 2" or 4'"Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Step 7: City Council: The City Council meets the second and fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Community Development Department, United City of Yorkville, 800 Game Farm Roa or e, Illinois 605W-7�C Date: Signature of Petitioner United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 7.15.2008 X�1gl A LEGAL DESCRIPTION OF TRACT A: That part of the Southwest Quarter of Section 5 and that Part of the Northwest Ouarter of Section 8, Township 36 North, Pange 7 East of the Third Principal Meridian described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05'47'00" West, 252.75 feet to the tangent centerline of Illinois Route No. 71 , said point being P_1_ Station 1425+19.65 of said centerline; thence South 85'37'00" West, along said tangent and along the centerline and along a tangent of said centerline, 2089.48 feet to P.1. Station 1404+33.50; thence South 74'14'00" West, along the tangent and along the centerline of said Illinois Route No. 71 , 1855.80 feet; thence: North 18'07'30" West, 69,20 feet to the Northerly Line of sold Illinois Route No. 71 : thence North 74'42'30" East, along said Northerly Line, 418.0 feet; thence North 18'07'30" West, 440.0 feet for the point of beginning; thence South 18`07'30" East, 440.0 feet to said Northerly Line: thence North 74'4230" East, along said Northerly Line, 80.0 feet: thence North 18'07'30" West, 200.0 feet; thence North 07'59'19" East, 260.95 feet: thence South 74'42'30" West. 195.0 feet to the point of beginning in Kendall Township, Kendoil County. Illinois and containing 1 .124 acres. PIN : 05 05 - 3c�- c� 3 Exhibit B Names and addresses of adjoining or contiguous landowners (of record)within 500 feet of the subject property who may be entitled to notice of petition under any applicable City ordinance or State statute: To the North: N.C.Master Family Limited Partnership 6874 Fieldstone Drive Burr Ridge,IL 60521 To the South: Kendall County Forest Preserve District(a body politic) 111 W. Fox Street Yorkville,IL 60560 To the East: William M.Garrett,Robert Garrett and Marie Garrett, all in joint tenancy 10645 Stagecoach Trail(Rt. 71) Yorkville,IL 60560 Joseph M. Harris 10581A&B Stagecoach Trail(Rt. 71) Yorkville, IL 60560 To the West: Otis Property Management, Inc. 4771 Route 71 Oswego, IL 60543 Charles and Rhonda Tomblinson 10645A Stagecoach Trail(Rt. 71) Yorkville,IL 60560 S�Fo�E �Rb Paste �HAn�r `. Pose 1 of 2 0, >+i. J W r'30"W 195.0, 574'42 y i o � r n _ wb 005 / SEora9e r'' aQ1 / �Ofp9t `` •`Q � . �-p�y� Sf�p� Q�QJJ t � rlrph�l 'vim S0�4y '4' �}a � Drne 'h fl Oeclrre •S'. c / I r' a W C° ! A I I o C 45 co,.a rO oil 1 d o 1 � dy fUNCCC� ,V Cl 1 +1 h 1 S 2 O 190 77. � O N7 1',)4'1 7"C { a 4 17'E 1 ol. old P,escriot`Ve 1 r 1471'3 North tine Poles �— d 79.90 Rood and Line DI Utility � DId Bnd O H r ^d 0.1.11 art l. , F Z ', 574'42'30°W 191.0' 6,5 0. � 3�4 pi Z. �z5.oa� r soul or Pe u° C .80.0 a rrorner N74'42-30"E A u m ' S74-14'00 W 1855 e0'� f � �- � �•-�� ��rnlerbr. ROUTE N°' 71 ILLINOIS ;4'.tM1 QDate of Annexation or PUD Agreement sought to be amended: I " I () I-0O ( ` Name of Agreement: A vt n e.X Ct�7 0 r� c�rr e m,e F+- �06 i os� (omrn ej-C. -O-L- Date of Recording: - �� - 2-00 - rCV e� + I\T ' Attach a true and correct copy of agreement as Exhibit"C". State the items to be amended from the existing annexation or PUD agreement. 7. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Address: Phone Number: Fax Number: Email Address: Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: 8. Submit the following to the Deputy Clerk 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. b. Appropriate filing fee (Please refer to page 4 of this application "Petitioner Route, Step 1, Fees and/or contact the Deputy Clerk for verification of this amount). c. Site Plan (if necessary): 40 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)and site plan. Page 2 of United City of Yorkville AmendAnnexationlPUD Application Revised 11128IG6 211ID7i 0020738 Fired for Record in AU ROY, r«INDrr STATE OF ILLINOIS F L ANDERSON ) ss 07-07-2007 At 4g:43 am. ORDINANCE COUNTY OF KENDALL RHSP Sur c hnrsp ra.17�1 111.01) ORDINANCE NO.2006- O-A AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (LANIOSZ COMMERCIAL PROPERTY,ROUTE 71) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE,Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A"attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS,the legal owners of record of the territory which is the subject of said Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS,the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURR S=N _ PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE r` Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this lb Da ._,A.D. 2006. MAYO Page 2 of 3 Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this da A.D. 2006. A CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Page 3 of 3 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement"), is made and entered as of the day1f 13 2006by and between HINSBROOK BANK TRUST #03-008 ("OWNER') and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the"Parties". RECITALS: A. OWNER is the owner of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNER desires to annex the SUBJECT PROPERTY to the CITY. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNER proposes that the SUBJECT PROPERTY be rezoned as B-3 under the provisions of the City Zoning Ordinance ("Zoning Ordinance") for the SUBJECT PROPERTY described in Exhibit "B" attached hereto; providing that the following listed permitted uses Under Section 10-7D-1 of the Ordinance not be permitted for this property including: Automotive sales and service; boat sales; business machine repair; car wash without mechanical repair on the premises; frozen food locker; golf driving range; kennel; mini-warehouse storage; miniature golf; park - commercial recreation; pump sales; skating rink; sports arena; taxicab 1 garage; tennis court - indoor; truck sales and service; and the following listed special uses under Section 10-7D-2: amusement park; boat launching ramp; boat rental and storage; stadium. D. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on October 12, 2005. City Council conducted the public hearing on the annexation agreement on December 13, 2005. E. The CITY and have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. F. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and the rezoning, as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. G. (i) Each party agrees that it is in the best interests of the OWNER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit "A" with said property to be zoned B-3 under the Zoning Ordinance of the City of Yorkville providing that the following listed permitted uses under Section 10-7D-1 of Ordinance not be permitted for this property including: Automotive sales and service; boat sales; business machine repair; car wash without mechanical repair on the premises; frozen food locker; golf driving range; kennel; mini-warehouse storage; miniature golf; park - commercial recreation; pump sales; skating rink; sports arena; taxicab garage; tennis court - indoor; truck sales and service; 2 and the following listed special uses under Section 10-7D-2: amusement park;boat launching ramp; boat rental and storage; stadium. (ii) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY H. It is the desire of the CITY and the OWNER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. 1. The OWNER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. J.The OWNER agrees to develop the SUBJECT PROPERTY in substantial conformance with the Site Plan, attached hereto and incorporated herein as Exhibit "C". NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement providing the annexation and zoning and plat Exhibit A for the SUBJECT PROPERY shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 3 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the B-3 Business District provisions of the City provisions of the City Zoning Ordinance ("Zoning Ordinance") providing that the following listed permitted uses under Section 10-7D-1 of the Ordinance not be permitted for this property including: Automotive sales and service; boat sales; business machine repair; car wash without mechanical repair on the premises; frozen food locker; golf driving range; kennel; mini-warehouse storage; miniature golf; park - commercial recreation; pump sales; skating rink; sports arena; taxicab garage; tennis court - indoor; truck sales and service; and the following listed special uses under Section 10-7D-2: amusement park; boat launching ramp; boat rental and storage; stadium. 3. DEVELOPMENT CONFORMING WITH SITE PLAN. The OWNER agrees to develop the SUBJECT PROPERTY in substantial conformance with the Site Plan,attached hereto and incorporated herein as Exhibit"C". 4. CONTRIBUTIONS. The CITY shall not require the OWNER to donate any land or money to the CITY, or any other governmental body. 5. SCHOOL AND PARK DONATIONS. There shall be no School or Park contributions required. G. GENERAL PROVISIONS. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to 4 secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and their succors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the laud and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and the CITY. B. All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. C. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested,postage prepaid, addressed as follows: (1) If to OWNERS: Hinsbrook Bank Trust#03-008 CIO Dan Lamosz 22 W 410 71"Street Naperville, IL 60540 Fax: 630-969-2603 5 with copies to, Law Offices of Dallas C. Ingemunson, P.C. 226 S. Bridge Street Yorkville, Illinois 60560 Attention: Dallas Ingemunson Fax: (630) 553-7958 (11) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. D. Severabilii . This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5111-15.1-1, et seq.,Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. E. Agreement. This Agreement, and any Exhibits or attaclunents hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto,without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. 6 F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or Iunit the right of the OWNER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. G. Captions and Paraexaph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. H, Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER's expense. 1. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. J. Countervarts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. K. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. L. Leizal Challenees. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNER in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT 7 PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. M. Maior and Minor Modifications. Any modification to the Site Plan (Exhibit "C") any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. N. Exculpation It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. 0. Effectiveness. This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNER for the sale of any portion by OWNER. 8 IN WITNESS WHEREOF, the parties hereto have set their Bands and seals to this Agreement as of the day and year first above written. OWNER: CITY: HINSBROOK BANK TRUST#03-008 UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By: Name: Daniel A. Laniosz B Title: Title:Mayor Atte Title: 1 erk 9 LIST OF EXHJBTTS EXHIBIT"A": Survey of SUBJECT PROPERTY EXHIBIT `B": Legal Description For Area Zoned R-3 EXHIBIT"C": Site Plan 10 EXHIBIT "A" LEGAL DESCRIPTION OF TRACT TO BE ANNEXED: That part of the Southwest Quarter of Section 5 and part of the Northwest Quarter of Section 8, Township 36 North, Range 7 East of the Third Principa[ Meridian, described as follows: Commencing at the Southeast Corner of said Section 5; thence North 0647'00" West, 252.75 feet to the Tangent of the Centerline of Illinois Route No. 71, said point being P.I. Station 1425+19.65 of said Centerline; thence South 85'37'00" West, along said Tangent and along the Centerline and along a Tangent of said Centerline, 2069.48 feet to P,I. Station 1404+33.50; thence South 74'14'00" West, along the Tangent and along the Centerline of said Illinois Route No. 71, 1855.80 feet; thence North 18'07'30" West, 69.20 feet to the Northerly Line of said Illinois Route No. 71; •thence North 74'42'30" East, along said Northerly Line, 209.0 feet for the point of beginning; thence North 1B'07'30" West, 418.0 feet; thence North 74'42'30' East, parallel with the Northerly Line of said Illinois Route No. 71, 209.0 feet; thence South 18'07`30' East, 418.0 feet to the Northerly Line of said Illinois Route No. 71; thence South 74'42'30" West, along said Northerly Line, 209.0 feet to the point of beginning in Kendall Township, Kendai[ County, Illinois and containing 2.003 acres as said Property is depicted on a Plat of Survey by Francis E. Sexton, Illinois Professional Land Surveyor No. 1466, dated September 21, 1965, which Survey apparently created this Parcel as shown, and that this Survey is based solely on the monumentation which remains from said "Sexton Survey'. AND ALSO: That part of the Southwest Quarter of Section 5 and that Part of the Northwest Quarter of Section 8, Township 36 North, Range.7 East of the Third Principal Meridian described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05'47`00" West, 252.75 feet to the tangent centerline of Illinois Route No. 71, said point being P.I. Station 1425+19.65 of said centerline; thence South 85'37'00" West, along said tangent and along the centerline and along a tangent of said centerline, 2089.48 feet to P.I. Station 1404+33.50; thence South 74'14'00" West, along the tangent and along the centerline of said Illinois Route No, 71, 1855.80 feet; thence North 18'07'30" West, 69.20 feet to the Northerly Line of said Illinois Route No. 71; thence North 74'42'30" East, along said Northerly Line, 41B.0 feet; thence North 18'07'30" West, 440.0 feet for the point of beginning; thence South 18'07'30" East, 440.0 feet to said Northerly Line; thence North 7442'30' East, along said Northerly Line, 80.0.fed; thence North 18707'30" West, 200.0 feet; thence North 07'59'19" East, 260.95 feet; thence South 74'42'30" West, 195.0 feet to the point of beginning In Kendall Township, Kendall County, Illinois and containing 1.124 acres. Accurate Map of LEGAL DMRIPTION OF TRACT TO 8E ANNEXED: N$ Territory Annexed to $� That part of the Southwest Quarter d Section 5 and Bart al the Northwest Duarter of Section 8, Township 36 North, Range 7 East of the Third Principal Mericilon, 7o THE UNITED CITY OF YO R KVI LLE described as 7' 0' Wea 252.75 est of the Tangent o Garner of lined f Mill 5; them. 0 North 05'4T00' Wssl. 252.75 test to the Tangent of the Cenl4rtine of TDhhais Route S� No. 71, raid pant being P!. Station 1475+19.65 or said Cent"ns: thanes South Kendall County Illinois saw Cen'Weal, akarhg acid Tonpanl and along the Centerline and along a 4'14 0 o[ m sold Centerline, 2089.48 fsyl to P1, Station 1404+33.50; Ihenea South 7+'1400' cne o 3'1 �• West, along the Tangent and along the Centoefine of said Illinaie Route No, 71, 1855.80 ca s '£ reek: thence North 16'07'36' West, 69.20 feel to the Northerly Line of aid glaets i, m too A7•� Route No. 71: ttwhee North 7442'30- East, along sad Northerly line. 209,0 feet for °y°_-" the point of beginning; thence North 1567'36'Weal, 418.0 feel; thence Morth 74'42'30' East, pora0d with the Northerly Line of sold 11Ilnots Route No, 71, 209.0 lscl: thence South 1Q'0T30' East. 418.0 last to the Noriheey kite of said Minas Route s No. 71, thence South 7442'30' West. along said Northerly Una. 209.0 Pest to the _ N 07, point of beginning in KeMall Township, Kendall County, Illinois and containing 2.007 V r- acres as said Property Is depicted on a plot of Survey by Francis E. 54%tw. Ellneds ^ Prefassianol Land Surveyor No. 1408, doted September 21, 1985, which Survey p ;; �°. apparently created Dos Parcel as shown, and Ihot this Survey is hosed solely an the o 1 ° ra menumentotion whkh n:rwairhs From said "Sexton Survey", ro >'e 3oryN �e3aj.o AND ALSO: N a 'o, That part of the Southwest quarter of 5ec4on 5 and ihot Port of vJ the Northwest Ouorter of Section 8, Township 36 North. Range 7 Cost of the Third Principal Me ows: Meridian described as foll V 1 or Commencing at the Southend Comer of said Section 5: thence 0• 249 (J w North 05'47'GO' West. 252.75 feet to the tangent centerline of At8• re Mincis Route No. 71, said point being P1. Station 1425+19.65 0 A,2: N of said cenkerlirre; khence South 8537'00"Weal along sold Z 5'14 Al t4 7tangent and along the centerline and along o tongcnt of said Q d centerline. 2069,46 fast to P.1. Station 1404+33.50; there a X00.01 South 74'14'00'West. along the tangarnt and aloha the roand 9ne -•�. � W Zy0'tEl of seed IpfnaN, Route No. 71, 1855.80 feet: thence North v 2 �S74 4 8'07'30` West. 69.20 fact to the Northerly Line of said Illinois = Routa No_ 71. thence North 74:4.2'.)D' Cast, along said Nwtharly ti 4 p� Line, 418.0 (sal thence North 18'07"30"West. 440.D Feet for < OT ..1 x the point of beginning; thence Scutt, 1607'30'East, 440.0 feet �7 �} ko said Northerly Line; thence North 7442'30' East. along said ' SCALE ot Northerly lima. 80.0 feet' thence North 18'07'30' Wesl. 2000 p C 0. feet; ihence North 07'$9'19" East. 260.95 feet: therce South M s g 7442'30'West. 195.0 feet to the point of beg'vhning in Kendall •I 1 '100' O q �• '°, Township. Kendall Counly. Illinois and containing 1.124 acres. 1 Cq 585-3-7'00-W to �- Np o 2089 48' of `ti, i �.yy1'1� eaten LIT at 1,9k L , p ¢+rd care _ o NKr x,•.r .'.�5_r £ of O� 60•Q�'� 1855 66� .'fi': tt+s•ll' -. h4 69�' X57,4 , etP s Slate of GThhais SS ., d%•"t .'S ,� Southeast Comer of 0 Co N° w 2 574 1 A�� �j County of Ilendoo Section 5. T38N-R7E N ;1B•� 1, Ph8t1p D. Young, an sNnois Prnfessianal Land Surveyor +t ' Q 4 "JOB N 0. and an officer f Phillip 0, Young and Associates. Inc.. ■late � O r O x09. H7•A2 O��r I , that I have prepared this plat wing available recorded doeumenta. ` 4- o Ft o G Dated February 3. 200\666 at YY'orkv�N, 1111nois —-QQ [7-• 018'07'30''0 11 1 Ph .. Young `1 �! V 19 Z Z I�Ll N minds Professional Land Surveyor No. 2e7a (ExPlrss 11/30/06) I d CD 3 ' a EXHIBIT "B" LEGAL DESCRIPTION OF TRACT TO BE ANNEXED: That part of the Southwest quarter of Section 5 and port of the Northwest Quarter of Section 8, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05'47'00" West, 252.75 feet to the Tangent of the Centerline of Illinois Route No, 71, said point being P.I. Station 1425+19.65 of said Centerline; thence South 85'37'00' West, along said Tangent and along the Centerline and olong a Tangent of said Centerline, 2089.48 feet to P.I. Station 1404+33.50; thence South 74'1400" West, along the Tangent and oFong the Centerline of said Illinois Route No. 71, 1855.80 feet; thence North 18'07'30" West, 69.20 feet to the Northerly Line of said Illinois Route No. 71; -thence North 74'42'30" East, along said Northerly Line, 209.0 feet for the point of beginning; thence North 18'07'30" West, 418.0 feet; thence North 74'42'30' East, parallel with the Northerly Line of sold Illinois Route No. 71, 209.0 feet; thence South 18'07'30" East, 418.0 feet to the Northerly Line of said Illinois Route No,: 71; thence South 7442'30" West, along said Northerly Line, 209.0 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 2.003 acres as said Property Is depicted on a Plat of Survey by Francis E. Sexton, Illinois Professional Land Surveyor No. 1466, dated September 21, 1965, which Survey apparently created this Parcel as shown, and that this Survey is based solely on the monumento on which remains from said "Sexton Survey". AND ALSO: That part of the Southwest Quarter of Section 5 and that Part of the Northwest Quarter of Section 8, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05'47'00" West, 252.75 feet to the tangent centerline of Illinois Route No. 71, said point being P.I. Station 1425+19.65 of said centerline; thence South 85'37'00" West, along said tangent and along the centerline and along a tangent of said centerline, 2089.48 feet to P.I. Station 1404- 33.50: thence South 74'14'00" West, along the tangent and along the centerline of said Illinois Route No. 71, 1855.80 feet. thence North 18'07'30" West, 69.20 feet to the Northerly Line of said Illinois Route No. 71; thence North 744-2'30" East, along said Northerly Une, 418.0 feet; thence North 760730" West, 440.0 feet for the point of beginning; thence South 18'07'30" East, 440.0 feet to said Northerly Line; thence North 74'42'30" East, along said Northerly Line, 80.0.feet; thence North 18"07'30" West, 200.0 feet; thence North 0759'19' East, 260.95 feet; thence South 74"42'30° West, 195.0 feet to the point of beginning In Kendall Township, Kendall County, Illinois and containing 1.124 acres. SITE PLAN n i norcr r.x tr � , 1 1 r I �y v A�- . ^A r I b y RoLIrS sr„�rs IL6114p15 s a + ENGINEERING. kNC. 51+0 f.LOLm'W(Im•18L%LM W Z PHOW[M'175)771-CM (Y.L 4C.++-W.I ,S0,0 C►p Reviewed By: Agenda Item Number d"' Legal El E5r 1836 Finance ❑ Engineer El--�--� Tracking Number City Administrator ❑ �v Consultant ❑ ALE �'� ❑ Agenda Item Summary Memo Title: Wind Energy System Ordinance—Zoning Ordinance Chapter 16 Meeting and Date: EDC /February 3, 2009 Synopsis: Proposed Zoning Ordinance amendment to include a chapter regulating wind energy systems including large, small and rooftop systems Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Adoption of ordinance as Title 10 Chapter 16 of the Municipal Code (Zoning Ordinance) Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report Memorandum To: EDC Esr. _ isas From: Travis Miller Date: January 27, 2009 Subject: Proposed Wind Energy System Regulation— Zoning Ordinance Amendment The Plan Commission conducted a public hearing January 14, 2009 and recommended approval of the proposed Zoning Ordinance amendment with a vote of 5 ayes; 0 no. The draft reviewed by the Plan Commission did not include the fee amounts (which are highlighted on the attached draft) and included a typo in 7-E which has been corrected. The fee amounts proposed were generated with input from the Building Safety Department staff and are based on the amount of time anticipated to conduct the annual reviews. Sections 6.E.2.ii and 7.C.2.ii have been revised to simply require actual costs be paid for any consultant services required for owner/operator not providing an annual certification. The attached staff report was presented at the public hearing and includes background and some FAQ's regarding wind energy systems for your reference. 1 Memorandum To: Plan Commission Esr. leas From: Bart Olson; Stephanie Boettcher; Travis Miller Date: January 6, 2009 �L�L ►�-�� Subject: PC 2009-01 Wind Energy Ordinance/Information LE Background and recommendation In August 2007, the Illinois Legislature passed Illinois Public Act 095-0481, the Illinois Power Agency Act, which required all of the State's energy usage to be created from renewable sources by 2025. Of that 25% of total power, 75% must come from wind energy. This fact, coupled with further discussion that wind subsidies from the federal government could increase in the near future means that interest in wind energy systems will grow. In order to properly plan for wind energy systems, the City needs to address how wind systems are constructed and operated. When wind energy systems are discussed, typically they are categorized in two ways. The first way is large scale wind energy operations. These are characterized by multiple, large turbines built for the purpose of generating power to be supplied to the market via the electrical grid. The second way is small scale wind energy operations. These are characterized by single, small turbines built for the purpose of off-setting one building's (or property's) energy costs. Much of the current news recently has been on small wind energy systems. The Villages of Skokie and Oswego, Illinois have recently passed ordinances on small scale wind energy systems. These ordinances control how a small scale wind energy system is controlled by the municipality through zoning, land-use, and permitting processes. In both of these ordinances, turbines are a permitted accessory structure in certain zoning classes and require a permit to be constructed. Additionally, they have restrictions on where the turbines can be located within each property. The ordinance that is attached to this memo takes language from both the Skokie and Oswego ordinances. Large wind energy systems have been in the news for different reasons. Rather than creating an ordinance to control the different standards and processes for permitting a wind farm, most counties or municipalities have chosen to classify wind farms as a special use. The governing body can then approve the special use permit with contingencies. Since wind farm concerns could include noise and sight complaints from surrounding property owners, it is best to allow public input on the proposal through the special use process (which includes a public hearing). The ordinance that is attached to this memo classifies large wind energy systems (wind farms) as a special use. Large scale wind operations What can a municipality due to encourage large scale wind farms? From a planning and land-use standpoint, making them permitted uses in the appropriate zoning districts would encourage these facilities by streamlining the approval/permitting process. However, recognizing the importance of public input as stated above, the attached draft proposes an application for a large or small scale wind operation, to be reviewed and approved through the special use process. The special use process involves an application process including internal Plan Council review, at least one 1 public hearing at the Plan Commission level, and City Council approval. In the current zoning ordinance, any type of application of wind energy is not addressed, which calls attention to the need to place regulations in the zoning ordinance for them. Making wind operations a permitted use in certain zoning classifications makes the process easier, shorter, and less costly to the petitioner. This would call for amending the zoning code which requires a public hearing at a Plan Commission meeting, which could be conducted in January for January/February consideration at a City Council meeting. We can publicize our desire to have wind turbines within City limits. Cascade County, Montana developed a wind power marketing program. This marketing program involved providing maps to developers which included wind data, topography, transmission lines, property ownership, etc. By providing this information it not only highlights the county as a great place for wind energy development, but also assists the developer in identifying the most ideal locations. Their marketing has brought in a utility grade wind farm which is the county's 24th largest tax payer and employs over 125 people'. We can also talk to property owners that have large tracts of land to see if their future plans for the property are compatible with wind farms. For example, if a farmer wants to keep farming on his property, wind farms would be a compatible future use. Wind farms would also encourage a very rural land-use pattern, which has been a goal of the City Council and the comprehensive plan. How does a municipality get involved? Most, if not all, large scale wind farms are privately owned and operated. Typically, the wind farm operator rents the land for the turbines from the property owners. The rental/lease agreement is privately negotiated and contains private benefit only. The municipality gets involved through the zoning and permitting process. It is unclear how the additional power generation would affect the residents or the municipality. It appears the residents would benefit through additional capacity in the electrical system, but it does not appear that the residents electric bill would decrease. Municipalities also can own wind turbines and operate them and participate in their development. An example of this is the City of Geneseo. The City of Geneseo received an Illinois Clean Energy Grant to build one wind turbine. The City will operate and own the turbine as part of their municipal electric utility. Per the Clean Energy Grant, the wind turbine will generate power for a local use, serving the needs of a community institution. Municipalities can also purchase renewable energy credits through their electricity bills (i.e. Greenest Region Compact). What are the best locations to site wind turbines in the City and the Planning Area? Are there siting problems? The best locations for large utility scale wind farms are probably within agricultural or certain manufacturing land-use areas. Siting in a high wind area, near the existing electrical grid nodes are preferable. A USA Today article on November 3rd highlights some of the issues with siting wind farms, specifically how close a wind turbine should be to an occupied residence. It references two different municipalities' recommendations of setbacks from residential land uses; one at 1,500 feet, one at one mile. The reasons the setbacks are recommended to be so large are for safety concerns and for potential quality of life concerns, namely potential noise from the turbine. ' hqp://www.windpoweringamerica.gov/filter detail.aspMemid=1204 2 Siting problems can occur during the public involvement process within the siting decision. If a public hearing is necessary, moderate to significant public opposition is a reasonable expectation — especially from those who live within eyesight of the turbines. Complaints range from aesthetics, to noise, to endangering birds and their migratory patterns, to NIMBY, to "Wind Turbine Syndrome". What are the economic benefits of wind farms to a municipality? The most obvious is the creation of jobs for the construction and management of the wind farms. Most jobs associated the construction of the turbines would not have a local effect. It is not likely the wind farm developers are going to hire local construction crews to do the work on the turbines. They may, however, hire local companies to do some of the general construction work(padwork, blacktop, etc.) McLean County Illinois's 240 turbine development estimated that 300 jobs would be created during construction and 40 full-time jobs created for the ongoing management of the facility. The City should ask for verification on the jobs and types of jobs. The other economic benefit is permit fees. McLean County in Illinois had approximately $700,000 worth of fees which were assessed on the total acreage of the wind farm, not just on the acreage used by the tower. McLean County didn't change their fees structure prior to the wind farm coming in, but it is common for a municipality/county to increase their fees prior to a wind farm being proposed to accurately reflect the cost of the review and siting process. If the property has to be annexed, the City could negotiate for certain concessions — although it is unclear what the total economic impact of the development would be, and therefore unclear what the developer would be willing to concede. There could be a chance where the concessions by the developer would be minimal. What are some of the issues with large scale wind farms? Some issues are listed in the section above on siting decisions. Safety concerns are also an issue. Typically, setbacks of 110% of the height of the turbine from any structure (utility pole, building) are required, in case the structure falls over. Adjacent property owners may argue that depreciation in surrounding property values will occur, although staff has not seen any evidence to support this argument.. Construction of large scale wind farms will have an affect on the local transportation system. Traffic routes would have to take into account the large size and weight of the components. The City would have to look at the impact of the large components of the turbines on the local and regional road system. Small-scale wind operations What can a municipality due to encourage large scale wind farms? In the same manner as large scale wind farms - permitting use within certain zoning districts and subdivision codes, and publicizing the benefits of constructing small scale wind systems. Oswego allows turbines only on certain sized lots. 3 How does a municipality get involved? Wind turbines require permission from the electric company to be connected to the electrical grid. The municipality can assist by aiding the residents through this process by providing the appropriate contact information and any forms required to be completed by the resident. Compatibility between City authorized turbines and homeowner's association (HOA) rules may need to be communicated to the residents. For example, what does the City do if an HOA says that residents may not have turbines, even though the City allows it? Do we let them work it out the issue themselves, or do we want to encourage the HOAs to let people do it? What are the best locations to site wind turbines in the City and the Planning Area? Are there siting problems? For small scale wind turbines, any land-use may be appropriate. We will need to establish standards for setbacks, size, construction, etc. Recommended standards and setbacks are included within the draft ordinance. What are the economic benefits of wind farms to a municipality? Wind turbine producers would see increased business. There are local companies that sell wind turbines. Theoretically, you could create green collar jobs through increased business. A liberal promotion of small scale wind turbines could create marketing opportunities for the municipality. Also, people may value living in a"green" community. What are some of the issues with small scale wind systems? As with any property use decision, issues may arise from siting and permitting the turbines in existing developed areas. Any change in an existing neighborhood can cause issues between adjacent property owners. It is anticipated that surrounding property owners will cite aesthetics and operating concerns of the turbines. 4 CHAPTER 16 SECTION: 10-16-1 Principles 10-16-2 General Purpose 10-16-3 Scope 10-16-4 Definitions 10-16-5 General Provisions 10-16-6 Large Wind Energy Systems 10-16-7 Small Wind Energy Systems 10-16-8 Rooftop Wind Energy Systems 10-16-1 PRINCIPLES. The provisions of this Article recognize that: A. There is a significant relationship between wind energy systems and public safety and the value,quality of life and economic stability of adjoining property and overall community. B. Wind energy systems are a 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. 10-16-2 GENERAL PURPOSE. The regulation of wind energy systems by this Article is intended to promote and protect the public health,safety and welfare by: A. Encouraging the development of renewable energy sources which are consistent with current property development standards of the City. B. Enhancing the environmental quality of the United City of Yorkville. C. Protecting the general public from damage and injury which may be caused by the faulty and uncontrolled and inappropriate use of wind energy systems in the City. Accordingly,it is deemed necessary and in the public interest to regulate wind energy systems. To this end,this Article: 1. Establishes minimum standards for wind energy systems 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 title. 1 2. Regulates the size,location,installation and other pertinent features of wind energy systems. 3. Provides for effective administration and enforcement of these regulations. 10-16-3 SCOPE. The regulations of this section shall govern and control the erection,enlargement, expansion,alteration,operation,maintenance,relocation and removal of all wind energy systems within the United City of Yorkville. The regulations of this section relate to the location of wind energy systems,by function and type,within zoning districts and shall be in addition to provisions of the Intemational Building Code,National Electrical Code,Federal Aviation Administration(FAA) requirements,and all federal and state statutes,laws,rules,and regulations and all City codes. 10-16-4 DEFINITIONS. A. Anemometer. Component of a wind energy system which measures the wind speed and transmits wind speed data to the controller,see Figure 1. B. Blades. Component of a wind energy system,see Figure 1. Most turbines have either two or three blades.Wind blowing over the blades causes the blades to "lift" and rotate. C. Brake. Component of a wind energy system,which can be applied mechanically, electrically,or hydraulically to stop the rotor in emergencies, see Figure 1. D. Controller. Component of a wind energy system,which starts up the machine at wind speeds of about 8 to 16 miles per hour(mph)and shuts off the machine at about 55 mph,see Figure 1. Turbines do not operate at wind speeds above about 55 mph because they might be damaged by the high winds. E. Gear box. Component of a wind energy system which connects the low-speed shaft to the high-speed shaft and increase the rotational speeds from about 30 to 60 rotations per minute(rpm)to about 1000 to 1800 rpm,the rotational speed required by most generators to produce electricity, see Figure 1. F. Generator. Component of a wind energy system which produces 60-cycle AC electricity, see Figure 1. G. Height of Wind Energy System. The total vertical distance from the ground surface at the base of the system to the tip of the wind generator blade when the tip is at the highest point. 2 f 1 1 Pitch .. + 7 Generator B.Co"rrollef D Wind Vane 11 "CIC0110 IS.Ymw drive 1 4.vow rMator 15 Tom r I Figure 1.Diagram of a wind energy system. Courtesy of the United States Department of Energy H. High-speed shaft: Component of a wind energy system which drives the generator, see Figure 1. I. Large Wind Energy Systems.A wind energy conversion system consisting of multiple turbines,or towers,and associated control or conversion electronics, which is intended to produce power for sale to utilities and resale to retail customers. J. Low-speed shaft. Component of a wind energy system which is turned by the rotor at about 30 to 60 rotations per minute, see Figure 1. K. Nacelle. Component of a wind energy system that sits atop the tower and contains the gear box,low-and high-speed shafts,generator,controller,and brake, see Figure 1. L. Nameplate Capacity. The maximum rated electrical output of a generator under specific conditions designated by the manufacturer. Generator nameplate 3 capacity is usually indicated in units of kilovolt-amperes(kVA)and in kilowatts (kW)on a nameplate physically attached to the generator. "Rated capacity"is often used synonymously with"nameplate capacity." M. Pitch.Blades are turned, or pitched,out of the wind to control the rotor speed and keep the rotor from turning in winds that are too high or too low to produce electricity, see Figure 1. N. Rooftop Wind Energy Systems.A wind energy system installed on the roof of a building,which can directly power a building without feeding into the electrical grid,given proper wind conditions. Typically has a rated capacity of not more than 10 hundred(10)kW,and which is intended to primarily reduce on-site consumption of utility power. O. Rotor. The blades and the hub together are called the rotor,see Figure 1. P. Small Wind Energy System.A wind energy conversion system consisting of a wind turbine,a tower,and associated control or conversion electronics,which has a rated capacity of not more than one hundred(100)kW,and which is intended to primarily reduce on-site consumption of utility power. Q. Tower: Component of a wind energy system, see Figure 1. Towers are made from tubular steel,concrete,or steel lattice. R. Wind direction: There are two types of wind direction. An"upwind"turbine operates facing into the wind,while "downwind"turbines face away from the wind. S. Wind Energy System. Equipment that converts and then stores or transfers energy from the wind into usable form of electric energy,commonly referred to as a wind turbine. This equipment includes any base,blade,foundation,generator,nacelle, rotor,tower,transformer,vane,wire,inverter,batteries,or other component used in the system. T. Wind vane: Component of a wind energy system which measures wind direction and communicates with the yaw drive to orient the turbine properly with respect to the wind,see Figure 1. U. Yaw drive: Component of an"upwind"energy system which is used to keep the rotor facing into the wind as the wind direction changes, see Figure 1. V. Yaw motor: Component of an"upwind"energy system which powers the yaw drive, see Figure 1. 4 10-16-5 GENERAL PROVISIONS. A. Permitting.The installation of any wind energy system requires a building permit from the United City of Yorkville. B. Compliance.Wind energy systems shall meet or exceed current standards of the International Building Code,National Electrical Code,Federal Aviation Administration (FAA)requirements,any other agency of the state of federal government with the authority to regulate wind energy systems,and all City codes. If such standards and regulations are changed,then the owner/operator of said wind energy system governed by this chapter shall bring the wind energy system into compliance with such standards and regulations within six(6)months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring a wind energy system into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the Owner's expense. C. Building Code/Safety Standards.Any owner or operator of a wind energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for wind energy systems that are published by the International Building Code,as amended from time to time. If,upon inspection,the United City of Yorkville concluded that a tower fails to comply with such codes and standards and constitutes a danger to persons or property,then upon notice being provided to the owner of the wind energy system,the owner shall have thirty(30)days to bring such tower into compliance with such standards. Failure to bring the wind energy system into compliance within the thirty(30)day period shall constitute grounds for the removal of the wind energy system at the owner's expense. D. Noise. The maximum noise level allowed for all wind energy systems shall not exceed 55 decibels measured at all site property lines. This level can be exceeded during short-term events such as utility outages or severe windstorms. E. Signage.Appropriate signage shall be placed on wind turbine towers,all electrical equipment,and fencing. Appropriate signage shall include warning signage, equipment information,and indicia of ownership. Prohibited signage includes advertising and decorative signage. F. Lighting. Wind energy systems are prohibited from installing structure lighting unless required by the FAA or appropriate authority G. Fencing.Requirements will be evaluated with each individual wind energy system application. Fencing requirements will be determined by,but not limited to,location of the system, system type,system design,and location of electrical equipment. 5 G. Design. 1. An automatic braking,governing,or a feathering system to prevent uncontrolled rotation or overspeeding is required. Wind energy systems shall have lighting protection. If a tower is supported by guy wires,the wires shall be clearly visible to a height of at least six(6)feet above the guy wire anchors. 2. A bird-friendly design is required in order to reduce the number of resting places near a turbine's rotor. 3. All on-site electrical transmission lines connecting a wind energy system to a building or the public utility electrical distribution system shall be located underground,with exception of rooftop wind energy systems. 4. Wind energy systems shall be painted a non-reflective,non-obtrusive color or a color that conforms to the environment and architecture of its surroundings. 5. Wind energy systems shall be unclimable by design or protected by anti- climbing devices. H. Preservation of Landscape.Existing mature tree growth,natural land forms,and viewshed corridors of the Fox River,on the wind energy system site shall be preserved to the maximum extent possible. 1. Lot Size.For purposes of determining whether the installation of a wind energy system complies with the United City of Yorkville's development regulations, including,but not limited to, setback requirements,lot coverage requirements,and other such requirements,the dimensions of the lot shall control,even though the wind energy system may be located on leased land within such lot. J. Notification.No wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. K. Abandoned Systems.All abandoned or unused wind energy systems shall be deemed a nuisance and the United City of Yorkville may act after 12 months of the cessation of operations unless an extension is approved. If an extension is not approved by the United City of Yorkville,the City may act to abate such nuisance and require its removal at the property owner's expense. After the wind energy system is removed,the owner of the property shall restore the site to its original, or to an approved improved condition. 6 10-16-6 LARGE WIND ENERGY SYSTEMS Figure 2.A Large Wind Energy System in McLean County,IL. Courtesy of Horizon Wind Energy t � r, A. Special Use.Large wind energy systems shall be considered a special use in A-1 Agricultural District as defined by Section 9 of this title. Such systems will also be subject to the special use provisions contained within 10-14-6 of this title and applications for special use permits shall be subject to the procedures and requirements of this title,except as modified in this chapter. B. Approval.Large wind energy systems shall be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. Also,in granting a special use permit,the Plan Commission may recommend and the City Council may impose conditions to the extent the City Council concludes are necessary to minimize any adverse effect of the proposed wind energy system on adjoining properties. C. Factors Considered In Granting Special Use Permits. The United City of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors reference in section 10-14-6 of this title. The United City of Yorkville may waive or reduce the burden on the petitioner of one or more of these criteria if Yorkville concludes that the goals of this chapter are better served thereby. 1. Height of the proposed wind energy system; 2. Proximity of the wind energy system to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 7 4. Surrounding topography; 5. Surrounding tree coverage and foliage; 6. Design of the wind energy system,with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and 7. Proposed ingress and egress. D. Information Required. In addition to any information require for applications for special use permits, each petitioner requesting a special use permit under this chapter for a wind energy system shall submit a scaled site plan and a scaled elevation view and other supporting drawings,calculations,and other documentation signed and sealed by appropriate licensed professionals,showing the location,type and dimensions of all improvements, including information concerning topography,tower height requirements, setbacks,drives,proposed means of access,parking,fencing(if applicable),adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. Any information of an engineering nature that the applicant submits,whether civil,mechanical,or electrical, shall be certified by a licensed professional engineer. In addition,the following information shall be supplied: 1. Legal description of the parent track and leased parcel(if applicable); 2. The setback distance between the proposed structure and the nearest occupied residential unit,platted residentially zoned properties,and unplatted residentially zoned property; 3. The separation distance from other structures and or environmental features, such as commercially or industrially zoned properties,the Fox River or any watercourse,major highways,public utility poles,and antenna structures. 4. The method of fencing,if applicable,finish color and,if applicable,the method of camouflage and illumination. 5. A description of compliance with subsection 10-16-5B,C,D,G,and J of this chapter and all applicable federal, state,or local laws,including,The Bald and Golden Eagle Protection Act, 16 U.S.0 Section 668(A),the Migratory Bird Treaty Act, 16 U.S.0 Sections 704, 712,the Illinois Endangered Species Act(520 ILCS 10/1 — 11),and the Illinois Natural Areas Preservation Act(525 ILCS 30/1-26).All studies,reports, recommendations completed as part of the aforementioned,or any other 8 applicable laws and/or regulations shall also be submitted to the City for review. The City shall not be bound by any recommendation,unless such recommendations are required by law to be implemented. E. Fees. 1. Permitting Fees. i. Large wind energy systems will be subject to the fee schedule for special use applications as defined by section 10-14-9 of this title. Said fee will be payable per wind energy system at the time of the application submittal by the petitioner. ii. In addition, large wind energy systems will be subject to a three hundred 00/100 dollars 6300.00) permit fee and a one thousand and five hundred 00/100 dollars($1,500)permit fee per proposed megawatt for each wind energy system. The permit fee will be payable at the time of the application submittal by the petitioner. 2. Annual Administrative Fee and Certifications. i. The annual administration fee payable to the United City of Yorkville by any owner/operator of any large wind energy system, shall be the sum of one hundred and fifty dollars $150.00 per wind turbine,which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. ii. That in the event each wind turbine of a large wind energy system is inspected and a certification is provided by the owner/operator of said wind turbine showing compliance with all regulations,the above fee shall be the only fee charged. In the event the owner/operator of a wind turbine fails to have the certification as is required annually with the United City of Yorkville under the terms of this subsection,the owner/operator shall reimburse the City for the actual cost of an outside consultant which the City deems necessary to conduct said inspection_ -- D.It.d.whwh shall be a minimum of dollars($_._)an any additional iii. The United City of Yorkville reserves the right to increase or cost incurred therein.¶ decrease the amount of the administrative fee as it deems necessary. F. Access.All sites in which large wind energy systems are located must have a passable roadway access. Design specifications of such roadway access will be subject to approval by the City Engineer. In addition,the petitioner must identify and assess the existing conditions,pre-construction,any public roads(state, county,city,and/or township)which will be also be used to access the site. The petitioner will be responsible for repairing any damage to public roads caused by 9 constructing,operating,and/or maintaining the wind energy system. In lieu of this responsibility,the petitioner can pay the road contribution fee to the City which will be assessed in the rate of two thousand and 00/100 dollars($2,000)per acre,for the use of City roads,along with fees payable to the County and/or Township for the use of their roads. G. Ground Clearance. The tip of any blade shall,at its lowest point,have ground clearance of no less than twenty-five(25)feet or 1/3 of the tower height, whichever is greater, above ground. H. Distance. 1. The minimum distance between a wind energy system and an occupied residential building shall be 1,500 feet. 2. The minimum distance between a wind energy system and any lot line or public utility pole shall be a distance equivalent to 1.1 times the total height. 10-16-7 SMALL WIND ENERGY SYSTEMS Figure 3.Example of a Small Wind Energy System in Oak Hills, CA. Courtesy of Bergey Windpower nil 1 A. Special Use. Small wind energy systems shall be considered a special use in A-1 Agricultural District,E-1 Estate District,B-4 Business District,M-1 Limited Manufacturing District,M-2 General Manufacturing District, and PUD Planned Unit Development District as defined by the title. Such systems will be subject to the special use provisions contained within 10-14-6 of this title and applications for special use permits shall be subject to the procedures and requirements of this title,except as modified in this chapter. B. Approval.All small wind energy systems shall be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. Also,in granting a special use permit the Plan Commission may recommend conditions to 10 the City Council,and the City Council may impose such conditions are necessary to minimize any adverse effect of the proposed small wind energy system on adjoining properties. C. Fees. 1. Permitting Fees. i. Small wind energy systems will be subject to the fee schedule for special use applications as defined by section 10-14-9 of this title. Said fee will be payable per wind energy system at the time of the application submittal by the petitioner. ii. In addition, small wind energy systems will be subject to a one hundred and fifty 00/100 dollars($150.00)building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. 2. Annual Administrative Fee and Certifications. i. The annual administration fee payable to the United City of Yorkville by any owner/operator of any 4mall wind enema stem, Deleted:lazge shall be the sum of seventy five dollars $75.00 per wind turbine, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. ii. That in the event the City Code Official determines a certification Deleted:each wind turbine of a large is necessary for any small wind energy system, saidFertification wind energy System ham 11 be provided by the owner/operator of said wind turbine_ Deleted:is inspected and a showing compliance with all regulations, In the event the Deleted:is owner/operator of a wind turbine fails to have the certification as is Deleted:,the above fee shall be the required j2y the City Code Official under the terms of this only fee charged subsection,the owner/operator shall reimburse the City for the Deleted:annually with the United City of Yorkville actual cost of an outside consultant which the City deems necessary to co duct inspection and prepare certification i Deleted:conduct Deleted:said iii. The United City of Yorkville reserves the right to increase or Deleted.which shall be a minimum of decrease the amount of the administrative fee as it deems dollars($—._)an any add;Nonal necessary. cost incurred therein.¶ D. Access.All small wind energy systems shall be controlled in a manner consistent with the local building code. 11 E. Ground Clearance.The tip of any blade shall,at its lowest point,have ground clearance of not less than 15 feet or 1/3 of the tower height,whichever is greater, above ground at the base of the tower. F. Distance. 1. The minimum distance between a small wind energy system from all property lines, above-ground utility lines,and roadways shall be a distance equivalent to 1.1 times the total height of the system. 2. Any application which is a part of a small wind energy system,including guy wires,shall be setback from all property lines no less than thirty(30) feet. G. Height. All small wind energy systems will be bound by the height restrictions as established per zoning district as defined by this title(Ord.No. 2006-67). H. Yard. Small wind energy systems shall not be permitted in any front yard area as defined by this title. 10-16-8 ROOFTOP WIND ENERGY SYSTEMS Figure 4.Rooftop Energy System. Courtesy of the United States Department of Energy. A. Permitted Use.Rooftop wind energy systems shall be considered an allowable accessory structure in all zoning districts except F-1 Floodplain District. 12 B. Approval.All rooftop wind energy systems shall be subject to administrative zoning approval. C. Fees. 1. Permitting Fees_ i. Rooftop wind energy systems will be subject to a one hundred 00/100 dollars($100.00)building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. 2. Annual Administrative Fee. i. The annual administration fee payable to the United City of Yorkville by any owner/operator of any rooftop wind energy system, shall be the sum of fifty dollars($50.00),per wind system, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. D. Access.All rooftop wind energy systems shall be controlled in a manner consistent with local building code. A rooftop wind energy system may be mounted to the side of a structure. E. Height. The maximum height of a rooftop wind energy system is fifteen(15)feet above the highest point of the structure. F. Fencing.Rooftop systems will not be subject to fencing requirements provided in Section 10-16-5G. I. Amount. Only one(1)rooftop wind energy system is allowed per building. Any additional rooftop wind energy systems desired by the petitioner will be subject to site plan approval,requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. 13 BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning November 2008 Types of Permits 2-Family Commercial Number of Permits Issued SFD (Rexinning26a5. 1litlliple-Fami(y (BrRinrrinA2aa6,fere�n�inrJadrs Industrial ,tliscellanenns* Total Construction Cost 1 Penn in-t VtrrrrtureJ Rrreldorrn) November 2008 30 9 0 0 1 0 21 $3,282,000.00 Calendar Year 2008 824 151 6 0 36 0 631 $74,309,312.00 Fiscal Year 2008 540 106 4 0 19 0 411 $57,675,395.00 November 2007 56 10 2 0 8 0 36 $16,688,900.00 Calendar Year 20071 1216 395 12 6 57 0 746 $153,923,984.00 Fiscal)car 2007 852 249 8 6 40 0 549 $83,368,189.00 November 2006 84 28 0 0 4 0 52 $14,535,928.00 Calendar Year 2006 1524 728 58 ID 37 0 691 $165,097,130.09 Fiscal Year 2006 984 407 38 7 23 0 509 $104,027,097.00 November 2005 110 62 0 0 t 47 $9,954,028.00 Calendar Year 2005'4 1183 445 IO 0 37 0 691 $107,979,439.00 Fiscal Year 2005 866 319 0 0 21 0 526 $74,304,983.00 Narembcr 2004 74 27 0 0 4 0 43 $7,398,085.00 Calendar Year 2004 a 977 434 3 0 18 1 520 $90,518,337.00 Fiscal Year 2004 705 302 0 0 15 1 387 $65,492,742.00 'Permit Numbers 1'-07-0'65 and)'-0'-0766 is.wied in:I rrgmt 1a07 Kure refirrrdedlinidrd in September 2007,that the total nuttiber of permits A ant•acraallr 1116 ennead of 1118. Pernril Number 1=06-0626 issued in,filar 1006 N•as refirnded/roided in September 2006,thin the total number ofpermits is now aeumllr 1.1241asread of 152.5. zn r Perudi Number F0S-0012 was raided,thus ortlr 1183 of 1184 assigned permit number were actuallr used. t Permit Number 1=04-097 aad F04-098"wre issued for each side of a duple r,anlr I structure Nan hrdh, *,llincellaneaas inclrudes additinrrs,remodelling,garages,sheds,shimming pools,dec6s,fire alarmAprinf ler plan rrs•ieN•s,municipal projects,etc. SL) Report prepared by. Barbara J.Dellmer, i1CP,Department of 8tilding Safely and Zoning l C) BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning December 2008 Types of Permits 2-Fand4v Commercial Number of Permits Issued SFD /e.dir,r,�s2nas, Multiple-Family (lseg;,roiag2w6,c7,r grrru.rn«r�., Industrial Miscellaneous r Total Construction Cost 2 Permin.,1 Slradrae) Hraildnrrn) December 2008 19 2 0 0 0 0 17 5464,684.00 Calendar Year 2008 843 153 6 0 36 0 648 574,773,996.00 Fiscal Year 2008 559 108 4 0 19 0 428 558,140,079.00 December 2007 39 6 0 0 9 0 24 52,002,900.00 Calendar Year 20071 1255 401 I2 6 66 0 770 5155,926,884.00 Fiscal Year 2007 891 255 8 6 49 0 573 585,371,089.00 December 2006 47 25 0 0 3 0 19 $4,609,450.00 Calendar Year 2006 2 I571 753 58 10 40 0 710 $169,706,580.00 Fiscal Year 2006 1031 432 38 7 26 0 528 $108,636,547.00 December 2005 165 I27 6 6 1 0 25 $23,140,406.00 Calendar Year 2005 s 1348 572 16 6 38 0 716 $131,119,845.00 Fiscal Year 2005 1031 446 6 6 22 0 551 $97,445,389.00 December 2004 67 36 0 0 3 0 28 $14,719,818.00 Calendar Year 2004, 1044 470 3 0 21 1 548 5105,238,155.00 Fiscal Year 2004 772 338 0 0 18 1 415 $80,212,560.00 f Permit Numbers Y-07-0765 and Y-01-0766 Issuer!in Augw7 2007 Mere nrfunderUmided in September 2007,thus the folnl number of permiLr it now actually 1255 instead of 1257. Permit Number F-06.0626 issued in May 2006 was refunded/voided in September 2006,thus the total number of permits is now actually 1571 instead of 1572. Permit Number Y-OS-0012 was voider!,thus only 1348 of 1349 ursignedpermit numbers ware actually user, 4 Permit Number Y-04.097 and Y-04498 were issued for each.ride ofa dueler,only 1 structure nvu built Permits Y-04-886,Y-04-926,F-04-1027,and Y-04-1037 were voided,thus only 1044 of 1048 assigned permit numbers were issued. "Mucellrmeous includes additions,remodelling,grrrargrs.sher[r„swimmingprro,s,decks,fire rdarm/sprinklerPlan reviews,municipalprojects,etc. Report prepared by. Barbara J.Denmer,MCP,Department of Building Safety and Zoning ,$ As a Memorandum filo To: EDC1City Council EST. From: Travis Miller, Community Development Director CC: Brendan McLaughlin, City Administrator 0 ad C—. p Lisa Pickering, Deputy Clerk Date: December 11, 2008 <tE Subject: Plan Commission Actions December 10, 2008 PC 2008-28 Daniel A. Laniosz—Annexation Agreement Amendment—Site Plan Motion to table to January 14, 2009 7 ayes; 0 no PC 2008-25 Zoning Ordinance Text Amendment 10-11-3 regarding parking requirements for commercial and manufacturing districts. Plan Commission to review draft and plan to have final discussion January 14, 2009. Members expressed concern that the proposed regulation is too restrictive for business property owners. Chairman Lucietto requested the members review the Chapter 11 text presented and prepare to make a final recommendation in January if modification to the current ordinance is deemed appropriate. Memorandum 0 To: EDC/City Council EST leas From: Travis Miller, Community Development Director O CC: Brendan McLaughlin, City Administrator o. ae p Lisa Pickering, Deputy Clerk <CEo.'��,�2 Date: January 15, 2009 Subject: Plan Commission Actions January 14, 2009 December 10, 2008 Minutes—Approved as presented PC 2009-01 Zoning Ordinance Chapter 16—Wind Energy Systems Motion to approve amending the Zoning Ordinance to include Chapter 16 as presented provided the fee schedule information be included and correction of typo in item 7-E and confirmation that grounding. 5 ayes; 0 no PC 2008-28 Daniel A. Laniosz—Annexation Agreement Amendment—Site Plan Motion to approve subject to requiring the site plan to include the bufferyard material by February 1, 2009 and installation of bufferyard no later than May 25, 2009 (Memorial Day). 5 ayes; 0 no PC 2008-25 Zoning Ordinance Text Amendment 10-11-3 regarding parking requirements for commercial and manufacturing districts. Plan Commission did not take action on this item. Consensus of the members was that the proposed amendment was not a necessary amendment to the Zoning Ordinance at this time. ,SO'D C►p Reviewed By: Agenda Item Number d"' Legal El E5r 1836 Finance ❑ Engineer El--�--� Tracking Number City Administrator ❑ �v Consultant ❑ ALE �'� ❑ Agenda Item Summary Memo Title: Kendall County Revolving Loan Program—Program Review and Discussion Meeting and Date: EDC /February 3, 2009 Synopsis: The Public Works Committee reviewed/discussed this program January 20, 2009 and requested the information be reviewed by the Economic Development Committee. 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 staff attached report prepared by Bart Olson, Program summary and pre-application form provided by Jeff Wilkins, County Administrator A 0 Memorandum To: Public Works Committee EST. -, ``� iaas From: Bart Olson, Assistant City Administrator O ��� l� CC: Brendan McLaughlin, City Administrator Date: January 15, 2009 <C C Subject: Kendall County Revolving Loan Fund Background At the December Public Works Committee, the Committee asked that I gather details on Kendall County's revolving loan fund. I spoke with Jeff Wilkins shortly after the meeting, and the following is the summary of that conversation. Details of program The funds in the Revolving Loan Fund came from Community Development Assistance Program (CDAP) money from the Federal Government. This money is routed to the state and then down to the county. The primary purpose of the fund is to assist projects in which there will be job creation and/or retention of private sector jobs. Preference is given to projects that create or retain jobs which are targeted to people who reside in low to moderate income households. Low interest loans are available to government entities or private businesses which need working capital (gap funding) or money for construction projects. Assistance for construction projects is much more difficult to obtain than working capital, since various bidding laws and processes are required to be followed and documented. Additionally, loans for construction projects (i.e, roads), are much more likely to be awarded for projects in commercial/industrial areas, rather than residential areas. Loans are given for amounts at $15,000 per job created or retained, up to $750,000 per project. The County can not loan anymore than 49% of a project's total cost. In order to give a loan, the County requires collateral, usually in the form of a mortgage on a building or property. Letters of credit from a bank also can be used in place of collateral. In the past, parts of the application required many environmental reports and critiques, but not anymore. The restrictions and documentation now required within the application is almost exclusively restricted to discussion of job creation and retention. Interest rates for the loans depend on the project and the amount requested. Typically, loans for private projects will be a few points lower than the banks can give out. Loans for government entities would be similar to the current bond market (-4%). Terms and conditions of the loans are usually more flexible than banks. The maximum term for the loan is 15 years. There are no costs or fees for the loans, but the approval process is completely public, as the loan must be approved by the Kendall County Board. Past projects It was asked at the last Public Works Committee meeting if the Sandwich Best Western (located in Kendall County) was awarded a loan. It was indeed loaned $750,000 as part of this program, for job creation. A list of other projects is: • December 1988 Aurora Cord and Cable $100,000 • May 1989 City of Plano $75,000 • April 1993 Tri-R Corp $50,000 • January 1994 City of Yorkville $700,000 (Sanitary and water main extensions to Amurol/Wrigley factory) • August 1994 Boytor Enterprises $70,000 • October 1994 Ground Effects $57,072 • February 1995 National Tractor Parts $195,000 • September 1995 City of Plano $500,000 • December 1995 Accurate Enterprises $150,000 • September 1996 Super 8 520,000 • April 1999 Miro Mold $130,000 • December 2000 All Seasons Rental $50,000 • March 2006 Humidors by AROL $75,000 • May 2006 Custard Cup $95,000 KENDALL COUNTY REVOLVING LOAN FUND A. Revolving Loan Fund Goals and Objectives 1. Stimulate economic growth in the County of Kendall, Illinois, by assisting with the retention and growth of the existing industrial and commercial base, providing needed equity to new start-up businesses, encouraging the development of minority and female owned businesses and providing an incentive for established businesses to relocate to the County of Kendall. 2. Assist new or existing Kendall County businesses to create and retain jobs. 3. Ensure that jobs are created or retained by business applicants benefit a minimum of 51% low-to-moderate income persons in the area. 4. Increase the County of Kendall property tax and sales base. 5. Provide businesses with the opportunity to expand. 6. Encourage and leverage loans to businesses by area private financial institutions. B. Revolving Loan Fund Strategy 1. Eligible use of funds. a. Site development/infrastructure extension costs. b. Construction of new facility or additions. c. Renovation of existing facilities. d. Leasehold improvements. e. Purchase of new or used machinery or equipment. f Working Capital g. For every$15,000 of revolving loan funds provided, one full time equivalent (FTE)job should be created or retained. (FTE jobs are positions consisting of a minimum of 1,450 hours worked per year). h. Kendall County participation will not exceed 30% of available RLF funds or$750,000, whichever is higher and not exceed 50% of total project financing. i. Projects of a speculative nature are ineligible for funding. S:1WilkinslCounty Administrator 2003 to Present\Econ DevlEcon Dev Cmt\Forms and Loans1RLF Application Forms\RLF Recapture Strategy 2006.doc KENDALL COUNTY REVOLVING LOAN FUND PRE-APPLICATION PROJECT FACT SHEET To qualify as a RLF project, you will be asked to provide the following information in convenient format for your company. Please mark attachments with corresponding numbers below. We would like to review these documents with your bank or lending institution participating in the project. Please return to: Kendall County Administration/Economic Development kcadmin@co.kendall.il.us or fax number (630) 553-4214 1. Project or Business Name: 2. Name of Entity to whom loan will be made: 3. Principal(s): Name: Title: Name: Title: Name: Title: 3. Company Contact Information a. Name of authorized company contact: b. Mailing address: c. Phone Number(s): d. Fax number: 4. General location of project: 5. Describe company product or service provided at the project site: 6. Total number of jobs company will create or retain in Kendall County: Created: Retained • _ Total Number of all jobs: 7. Number of jobs for low and moderate income individuals: 8. Estimated date to complete job creation and retention above: 9. Describe proposed use of loan funds: 10. Collateral/Security offered for RLF Loan: 11. Name and contact information for other participating lender(s): Contact person(s): Phone number(s): Contact person(s): Phone number(s): 12. Permission to call lender contact (authorized signature here): 13. Site Regulations: Will any of the project activities be located in a special flood hazard area? Yes_ No_ Is the site annexed to a municipality? Yes_ No What is the current zoning for the site? Is the site currently zoned for the project's proposed activities? Yes No If No, what is the anticipated date zoning will be finalized? 14. Attach total project budget summary with detailed Source and Uses breakdown. 15. Attach Project Profit and Loss Projections for 3 years. 16. After the initial review of your project, the following company information may be requested: Company Profit and Loss Statement Company Balance Sheet Company Profit and Loss Projections Current Indebtedness and Tax Statements Personal Financial Statements Land and Building Information Brief History of Company and Marketing Information Letter of Commitment for Leveraging and Job Creation L' 1 LVVO 111C;ULIM 1-1I11ILS I.JUQU.111011LUL1Ui1 JySLem -)UMrnary [or L enaan LAunty, minols rage I of z FY 2008 Income Limits Documentation System FY 2008 Income Limits Summary Kendall County, Illinois FY 2008 Median FY 2008 Income 1 2 3 4 5 6 7 8 Income Income Limit Category Person Person Person Person Person Person Person Person Limit Area Very.Low.(50%) $29,350 $33,550 $37,750 $41,950 $45,300 $48,650 $52,000 $55,350 Income Limits Kendall Extremely Lorry County $81,700 (3010) Income $17,600 $20,100 $22,650 $25,150 $27,150 $29,150 $31,200 $33,200 Limits Low (80%0) $43,050 $49,200 $55,350 [$61,500 $66,400 $71,350 $76,250 $81,200 Income Limits Income Limit areas are based on FY 2008 Fair Market Rent (FMR) areas. For a detailed account of how this area is derived please see our associated FY 2008 Fair Market_Rent documentation system.. Select a different county or county equivalent: Adams County Alexander County Bond County Boone County Brown County Bureau County Select County or County Equivalent http://www.huduser.org/datasets/il/il2008/2008summary.odn?rNPUTNAME=METRO16980MM3780*1709399999%2BKcndal... 7/29/2008 ,S0,0 C►p Reviewed By: Agenda Item Number d"' Legal El E5r 1836 Finance ❑ Engineer El--�--� Tracking Number City Administrator ❑ �v Consultant ❑ ALE �'� ❑ Agenda Item Summary Memo Title: Ordinance 5-3-2-5 — Sign Posting/Advertisement Meeting and Date: EDC /February 3, 2009 Synopsis: The Public Safety Committee reviewed/discussed this ordinance and requested the same be reviewed by the Economic Development Committee. 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 staff attached report Memorandum To: EDC EST. -,l _ 1836 From: Travis Miller •C ti CC: Lisa Pickering (for distribution) ��p C... � p Date: January 28, 2009 � C...y � Subject: Ordinance Regarding Advertising on Signs and Buildings L E Attached for your review is the recently proposed Ordinance regarding advertising on signs and buildings. Also attached for your reference is the current Sign Ordinance (Title 8 Chapter 11). The purpose of the proposed ordinance is to prevent the posting of`a device calculated to attract the attention of the public' upon any building or part of a building without obtaining approval of City Council and written consent of the owner/occupant. Currently, the sign ordinance regulates these types of devices (signage) and defines what type signs are permissible and lists items excluded from the regulation as well as items prohibited entirely. The items listed by the proposed ordinances would most likely be categorized as `business sign', `identification sign', `wall sign' or `window sign' which are defined by the Sign Code and permissible provided certain specific standards are met as described by this Code. Section 8-11-3 of the Sign Code states that"any sign not expressly permitted by these regulations shall be prohibited" Enforcement of the Sign Code would include ticketing the property owner where the sign is placed and proceeding through the Administrative Adjudication Hearing Process as a Building Code violation. Therefore, staff recommends not adopting a new ordinance, however, does recommend repealing 5-3-2-5 Posting Bills, based on this regulation being covered by the Sign Ordinance. Ordinance No. 2009- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS REGARDING ADVERTISING ON SIGNS AND BUILDINGS NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois, as follows: Section 1. Title 5, Chapter 3, Section 2, Subsection 5, of the United City of Yorkville Code of Ordinances is hereby amended by deleting it in its entirety and replacing it with: 5-3-2-5: ADVERTISING AND SIGNS ON BUILDINGS: A. No person shall post, stick, stamp, tack, paint, or otherwise fix, or cause the same to be done by another person, any notice, placard, bill, handbill, sign, poster, card advertisement, or other device calculated to attract the attention of the public, upon any building or part thereof, wall or part thereof, or window, without first obtaining the authority of the city council and the written consent of the owner, agent, lessee, or occupant of such premises or structure, and provided, further, that this section shall not apply to advertising matter upon billboards owned or controlled by private individuals. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 2009. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2009. MAYOR ATTEST: CITY CLERK 5-3-2-5: POSTING BILLS: It shall be unlawful for any person or persons to post bills on any lamppost, hitching post, water trough or any other public or private property in the City, or to publicly distribute same on streets without first obtaining permission from the City Council or from the owner of such private property. (RO 1882, Ord., 6-20-1892; amd. 1994 Code) CHAPTER 11 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 inlwhich signs are 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 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 D. Billboard. An off-premise advertising sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located. 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 displayed only within 180 days of issuance of an occupancy certificate. 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. J. 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 3 be changed manually or electronically without altering the face or surface of the sign. Electronic message boards must have a minimum duration time of twenty- four hours and no transition effects. 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 sign attached to or mounted upon a frame intended to be moved from place to place. 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 light- weight material. U. 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. V. Wall Sign. 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 background surface of, the sign and which does not project more than twelve (12) inches from such building or structure. W. 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. X. Window Sign. A sign which is applied or attached to or located within three (3) 4 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 under any law, statute or ordinance. 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 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. J. Signs used to identify the type of model home when used in conjunction with a 5 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. S. Wind Feathers of solid color, sixteen (16) feet or less in height, made of non- plastic fabric or nylon material and containing no text, logos or images. 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 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 6 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 corner 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 corner 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 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. 7 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. F. 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. I. Portable signs. J. Searchlights, except searchlights for grand openings and special civic events. K. Snipe signs. L. Signs displaying obscene or indecent matter. 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 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 fagade 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. B. TEMPORARY SIGNS 9 1. 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 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. 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 square feet or less in area and eight 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 area and eight(8) feet or less in height per street frontage with an entrance/exit shall be allowed. 10 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 colums 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 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 (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. 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 1. Searchlights. Searchlights for a grand opening only for a period of time not to exceed seventy-two (72) hours. 11 2. Cold air inflatable devices. One cold air inflatable device for a grand opening only for a period of time not to exceed seventy-two (72) hours. 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 not exempted by Section 8-11-5 S of this Chapter. No limit on the quantity per lot. Time period not to exceed thirty (30) days. 8-11-10 PERMITTED SIGNS—MANUFACTURING ZONING DISTRICTS A. PERMANENT 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 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 colums if present constructed of the same brick, stone or masonry material that the exterior 12 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 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. 2. Construction signs. One construction sign per industrial lot not to exceed thirty-two (3 2) square feet in area and ten(10) feet in height. 3. Banners/Special Business Event sign. One Special Business Event sign per industrial lot not to exceed thirty-two (3 2) square feet in area and ten (10) feet in height. 13 4. Wind feathers not exempted by Section 8-11-5 S of this Chapter. No limit on the quantity per lot. Time period not to exceed thirty (30) days. 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 ordinance 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(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 14 removed by the close of business of the day the temporary sign permit expires. 8-11-12 PERMITTING PROCEEDURES 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. 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. 15 C. Temporary Sign Permit Frequency and Duration: Type of Sign Maximum Duration Maximum frequency Banners 14 days three times per year Special sale/business event 14 days three times per year Commercial real estate 6 months renewable Industrial real estate 6 months renewable Residential marketing 6 months renewable Grand opening 30 days once per business Cold Air Inflatable Device 72 hours once per business Searchlights 72 hours once per business Wind Feather 30 days renewable Construction during active building permit issuance 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: I. 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 ,SO'D C►p Reviewed By: Agenda Item Number d"' Legal E5r 1836 Finance ❑ Engineer El--�--� Tracking Number City Administrator ❑ �v Consultant ❑ ALE �'� ❑ Agenda Item Summary Memo Title: Raintree HOA—Grant of Easement from Raintree HOA for ComEd Trail Meeting and Date: EDC /February 3, 2009 Synopsis: Easement Agreement to allow the City to construct and maintain a trail across property owned by the Raintree HOA necessary to surround an existing substation within the ComEd property Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of Easement Agreement and Authorization for Mayor to execute. Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report Ak � cIT United City of Yorkville Memo 800 Game Farm Road Mr. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 09 p� Fax: 630-553-3436 ate rte`' Date: January 28, 2009 To: EDC From: Travis Miller/Laura Haake CC: Lisa Pickering (for distribution) Subject: Raintree Homeowner's Association Trail Easement The planned ComEd trail from Van Emmon Road to the existing trail in Windett Ridge will be required to be constructed outside of the ComEd property at a location within the Raintree subdivision (just south of Route 71 and north of Hazeltine Way) where a substation is located. ComEd has specifically requested that the trail be placed a minimum of eight feet from the fence surrounding this substation. The Raintree Village Homeowner's Association(HOA) and the Yorkville Bristol Sanitary District(YBSD) have signed the attached agreement providing for a 20' wide shared-use trail easement adjacent to the eastern property line of the ComEd substation. l It LI . a r 1 2� t " 2097 2101 Z�p8 United Ci of Yorkville GIS The Data is provided without warranty or any representation of fy accuracy,timeliness,or completeness.It is the responsibility of the ParDe/Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and we 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. s GRANT OF PERMANENT TRAIL EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: lntyCQ. Ya l 6t ,THAT the Grantors: ( twfyAlS e ati n of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged} do hereby grant, bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a non exclusive, permanent easement (the "Permanent Trail Easement"), as described herein, to construct, replace, maintain, and operate a trail, in the event any is actually installed in, upon, and across the tracts of land described as follows, to-wit: BURDENED PARCEL Grantors are the owners of that certain tract of land located between Hazeltine Way and Route 71 in the City of Yorkville, Kendall County, State of Illinois and legally described as "Grantor's Property" on the attached Exhibit A, Plat of Easement. PERMANENT TRAIL EASEMENT The Permanent Trail Easement shall be that certain real property located upon the Grantor's property and legally described under "Easement Legal Description" on the attached Exhibit A, Plat of Easement. Said grant of easement is made under the additional following terms and conditions: 1. Grantee's use of the Permanent Easement Area shall be solely for the purpose of constructing, installing, operating, maintaining, and replacing a trail in and upon the Permanent Easement Area at Grantee's sole cost and expense. 2. Grantee shall thereafter, at Grantee's sole cost and expense: a. Restore the natural area/grassy surface of said Permanent Easement Area in a uniform manner, free of all debris, rocks in excess of one inch (1"), and gravel, and provide a covering of a minimum of six inches (6") of clean, black, fertile top soil, and establish a healthy stand of turf or plants; b. Replace all lot lines and property line stakes moved or disrupted in the course of performing any work in connection with the purpose of which the easements herein are granted. 3. All construction, extension, reconstruction, maintenance, repairs, replacements or any other work by Grantee shall be performed in accordance with all applicable building and construction laws. 4. Grantee agrees that it will not change the natural flow of water as a result of its actions in constructing, installing, operating, maintaining, and/or replacing any portion of the Permanent Easement Area. To the extent that the natural flow of water is disrupted or regrading of the Permanent Easement Area occurs, Grantee agrees that the water disruption or regrading shall be included within the Grantee's hold harmless and insurance obligations contained in paragraph 5 below. 5. Grantee shall defend and hold Grantor harmless from any and all claims, causes of action, damages, lawsuits and/or administrative proceedings now or hereafter existing and resulting from the Grantee's use of the Permanent Easement Area, including any claims, causes of action, damages, lawsuits and/or administrative proceedings alleged to be as a result of any construction or regrading that the Grantee performs on the Permanent Easement Area except for any such proceedings allegedly resulting from Grantor's own negligence in construction. In addition, the Grantee shall cause Grantor to be named as an additional insured by any general contractor retained to perform work for the constructing, installing, operating, maintaining, and replacing any portion of the Permanent Easement Area. Said grant of easement is further made under the additional following terms and conditions per Yorkville-Bristol Sanitary District (YBSD): b. Grantee shall defend and hold the Yorkville-Bristol Sanitary District and its successors and assigns harmless from all claims, injuries, suits, damages, costs, losses, and reasonable expenses resulting from or arising out of the construction, installing, operating , maintaining, and replacing any portion of the Permanent Easement Area, including damage to the existing sanitary sewer pipeline or any of its appurtenances and the leaking of its contents, except where the claims, injuries, suits, damages, costs, losses, and expenses arise out of the negligence or intentional acts of the Yorkville-Bristol Sanitary District and its agents, successors or assigns. 7. Grantee shall cause the Yorkville-Bristol Sanitary District and agents, successors and assigns to be named as an additional insured by any general contractor retained to perform work for the constructing, installing, operating, maintaining, and replacing any portion of the Permanent Easement Area. Said insurance coverage shall be primary and non-contributory. 8. Grantee shall repair any damaged or otherwise disturbed sanitary manhole, manhole cover, manhole frame, manhole chimney or sanitary sewer as a result of the proposed improvements. Grantee shall adjust all sanitary manholes to grade due to any change in ground elevations resulting from constructing, installing, operating, maintaining, and replacing any portion of the Permanent Easement Area. All repairs and adjustments shall be made by Grantee in accordance with the latest edition of the Standard Specifications for Sanitary Sewer Construction in the Yorkville-Bristol Sanitary District. 9. All notices and demands hereunder shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed, or five (5) days after deposit in the U.S. Mail if sent postage prepaid by United States registered or certified mail, return receipt requested, addressed as follows: If to Grantee: City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 If to Grantors: OLd3hw�be— �tp t�sl Street Yorkville, Illinois 60560 If to YBSD: Executive Director Yorkville-Bristol Sanitary District P.O. Box 27 Yorkville, IL 60560-0027 10. Said permanent easement shall be binding upon the successors, heirs, and assigns of each party hereto. (SIGNATURES APPEAR ON THE FOLLOWING PAGES] IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands and seal this Jtfz day of Q�_�-���I , 2008. (iL L Mayor, United City of Yorkville Owner 11d6_4A l City Clerk O her STATE OF ILLINOIS ) COUNTY OF KENDALL ) ah o Di1NeYr Ado IFU lr?i;il"J? allege and state that they have read the foregoing Grant of Permanent Trail Easement Agreement by them subscribed, that they have knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. Owner O ner Subscribed and sworn to before me, "OFFICIAL SEAL" Mindy A. Stehl Notary Public,State of Illinois 0 e� be r 2008. My Commission Expires 4-24-2010 N6.tary lic Prepared by and return to: City Attorney Kathleen Field Orr 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 STATE OF ILLINOIS} }Ss COUNTY OF KENDALL) APPROVED AND ACCEPTED BY THE YORKVILLE-BRISTOL SANITARY DISTRICT. THIS.2,3 DAY OF J 4 NV ,4k� �� , 2009. alph P ster, Execu ' D' ector SEAL ATTEST: � i� ! L G�� ��4�7�-� ANNETTEWRLI" MOTARY PUBLIC-STATE OF UAW W W COMSSION ExPIRES12117112 GRANTOR'S PROPERTY LOT 17 IN RAINTREE V)LL.AM UNIT OW- W14C A OF EXHIBIT "A" AND PART Of SE"ON 9, TOWNSHIP 36 NORTH.RANGE SUBDIMSION CAST OFATHE THIRD C1PAE MERIDIAN,ON THE UNITED Cl"+'OF YOUVIOE,KIDIDALL. COUNTY, "I NOIS- P LAT OF EASEMENT EASE ENT LEGAL DE SMPTON COMMENCING AT THE NORTHWEST CORNER OF LOT 17 IN RAINTREE VIU kGE.UNIT ONE. BEING A SUSDINSION ' OF PART OF THE SOUTH HALF OF SECTION 4 AND PART OF SECTION 0, TOWNSHIP M NORTH. RANCE 7 FAST OF THE THIRD PROICIPAL MERIDIAN, IN THE UNITED CITY OF%W'A"KENDALL COUNTY.ILLINO[S. THENCE PEDESTRIAN AND BIKE TRAIL F HSOUTH E SOu1H EGRESS 3�MINU ES 3 SECONDS EAST 2�,Ai�FEz7pi� EStUTH 1G}7�� T� TI'I DEGREES DO MINUTES 31 SECUNOS WEST.51.74.FEET TO SAID'NEST LINE" 11-W CE 14ORTH 12 DEGREES 43 MINUTES G3 SECONDS VZRT ALONG SAID HEST LINE. 379.84 FEET TO hE PM41 OF BEGINNING. UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS P(N T OF COMMENCEMENT 1, +l 1 paN lii 1 9EC,L iNING Q 40 80 N I,`'�• 4 SCALE FEET l4 �' i P.I.N. 05--04-378—ODD �y l 1 0 t tin A x-'4 LOT 17 �a ft 0. t t 1 t � i ti t pr STATE OF ILUNCUS�' THIS HIS IS f 1 IS a:wwE] TO CERT4`Y THAT EMgfIEERING ENTERPRISES, INC.HAS PREPARED THIS PLAT Or EASEMENT AS SHOWN BY THE ANNEXED �I PLAT WMCH IS A TRUE AND CORRECT REPRESENTATION OF SAID PROPERTY, FOR THE USES AND PURPOSES DESCRIBED REREIN. N,-U15TANCES SHOWN ARE IN FEET AND OCGIMAkS T4EKOF. GIVEN UNDER MY HAND AND SEAL AT SUGAR GROVE. ILLINOIS. THIS 15TH DAY OF NOV-cMBER, 20©B. Q-� $� tl+rllfll r�@'�,'035-G6357�1R� y'Rf`P;.�feGl;lowu y IAIAS f T� 6URVEYUA 1* +J It' 7 PRC E LANDiEkYIRE5 1s-30--TG6) I'I"it - Engineering Enterprises, Inc. CIVIL ENGINEERS & LAND SURVEYORS ENGINEERING ENTERPRISES. INC. 52 Wheeler Road PROFESSIONAL DESIGN FIRM #184-0132003 Sugar Grove, I1Ilnofs 60554 (EXPIRES O4-30--09) PR"CT 630,486.6700 / www.eeiweb.ccrra �14.D CITy Reviewed By: Agenda Item Number a� �.1+ Legal ❑ Finance F-1 EST. � 183 Engineer ❑ ~-� �- Tracking Number 0 JIM- 18, y City Administrator El �D Consultant ❑ CLE tiy�� ❑ Agenda Item Summary Memo Title: Integrated Transportation Plan-Progress Report/Project Update Meeting and Date: EDC /February 3, 2009 Synopsis: Report of ongoing activities related to the Integrated Transportation Plan project Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: none Council Action Requested: No action Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: - find attached: 1) latest status report from SEC, project consultant Monthly Status Report •. .' y YORKVILLE INTEGRATED TRANSPORTATION PLAN Shared Use Trail Masterplan and Downtown Streetscape Plan January 15, 2009 PROJECT DESCRIPTION: Client/Project United City of Yorkville/Integrated Transportation Plan SEC Job No. 080389-YORK PROJECT TEAM: Yorkville Lead/Project PM Travis Miller/Stephanie Boettcher-United City of Yorkville Principal in Charge Jason Poppen-SEC Group Project Manager Phil Stuepfert-SEC Group Transportation Engineers Glenn Tredinnick/Tony Simmons-SEC Group PROJECT STATUS ESTIMATED DATE TO TASK COMPLETE RESPONSIBILITY COMPLETE NOTES A. DATA COLLECTION & ANAYLSIS W__J Collect Data 100% SEC/Yorkville 8-06-08-complete Info provided by Stephanie(FTP)-Met with Greg Weber 7-23-08 Kickoff meeting(1) 100% SEC/Yorkville 7-31-08-complete Site visits(2) 100% SEC/Yorkville Complete 1. Phil S. on September 4,2008 2. Travis M., Stephanie B., Laura H., Tony S. &Phil S. 9-16-08 Various site visits have occurred to date and will continue to occur throughout the process on a as-needed basis Basemap and Aerial Exhibit 100% SEC Complete Site Analysis Exhibits 100% SEC Complete Final Drafts complete-minor revisions may be neeeded B. PUBLIC INVOLVEMENT, COORDINATION & PARTNERSHIP Stakeholder interviews and/or 75% SEC/Yorkville End of project 1. YEDC on 8-13-08 meetings with other organizations 2. Chamber of Commerce on 8-21-08 3. Kendall County on 9-3-08 SEC Group,Inc. Z:\2008\080389-YORK\Administrative\Meeting Minutes Agendas&Status Reports\STATUS REPORTS\6 Integrated Transportation Plan-Status report-Jan 12 2009.doc Page 1 of 4 Stakeholder interviews continued 4. Kendall County Forest Preserve on 9-3-08 (8 total meetings) 5. Downtown Business owners on 9-30-08 6. Meeting with IDOT scheduled-12-8-08 7. Meeting with Openlands-date TBD 8. TBD Travis Miller to contact adjacent municipalities 9. Meeting with staff 2-18-09 Task Force Committee meetings(4) 50% SEC #1) 10-16-08 #1) October 161 ,2008 #2)01-15-09 #2)January 15th, 2009 #3)TBD-March #3)March 5th, 2009 #4)TBD-May #4)April 30th,2009 TASK FORCE N/A SEC/Yorkville 1. School District#115 1.Brian DeBolt 2. Kendall County Forest Preserve 2.Jason Pettit 3. (1-2)Local and Active 3. Gary Neyer-Richard Marker Associates Developers/Builders Harold Oliver 4. (1-2)Downtown 4.Jeff Farren-Kendall County Record Businesses/Property Owners Tom Harris-Old Second Bank(newest member) 5. Chamber of Commerce 5.Don Duffy 6. Yorkville Parks and Recreation 6. Scott Sleezer 7. YEDC 7.Lynn Dubajic 8. Fox River Ecosystem Partnership 8.Jason Petitt will also serve as their representative (FREP) - 9. Kendall County 9.Jeff Wilkins 10. IDOT District 3 office 10.Rick Powell 11. IDNR 11.Dave Longo(local H)NR representative) 12. Chicago Area Mountain Bikers 12.Russell Rogers 13. Yorkville City Council 13.All council members are invited 14. Openlands 14.Ders Anderson and Openlands has agreed to meet individually but will not be serving on the task force Define Vision Statement, Goals, 90% SEC/Yorkville 9-12-08 Preliminary draft complete with staff comments-Task Force Objectives reviewed-final public review at future meeting Community Survey 100% SEC/Yorkville 8-8-08 draft Survey is currently online-collecting results Final completed by 2nd survey completed at public workshop 8-29-08 Public Workshop (2) 50% SEC 1) 12-4-08 15t meeting completed 2)May 2009 2nd meeting tentatively planned for May 2009 Project Newsletter(4)-quarterly 25% SEC # 1) 8-29-09 #1)First newsletter completed for Hometown days (Fall 2008) complete SEC Group,Inc. Z:\2008\080389-YORK\Administrative\Meeting Minutes Agendas&Status Reports\STATUS REPORTS\6 Integrated Transportation Plan-Status report-Jan 12 2009.doc Page 2 of 4 #2)Feb `09 Exact dates of future newsletter TBD #3)April `09 #4)June `09 Final Meetings (2) 0% SEC 1)Date TBD 1)EDC 2) Date TBD 2) City Council C. PRIORITIZATION, IMPLEMENTATION& lwr� FUNDING STRATEGIES Prioritization, Phasing, 50% SEC Ongoing Initial discussions with staff complete on key connections and Implementation and Funding priority areas. Major and minor trails have been identified on the Strategies Trail Concept Analysis based on overall priority of importance Master Phasing Plan—Shared Use 30% SEC Aug 2009 Map drafted-to be modified through the process per public Trail comment and direction from task force D. CONCEPTUAL PLANNING SUBTASK 1 SHARED-USE TRAIL SYSTEM DESIGN Conceptual Guidelines and Standards 20% SEC Aug 2009 Beginning to setup template for standards to be determined Research is being completed Shared Use Trail Master Plan 75% SEC Aug 2009 Overall map drafted-will be modified through the process Trail Concept Analysis has been completed identifying major and minor corridors as mentioned above Recommendations for Phasing 25% SEC Aug 2009 Research and data collection stage. Improvements,Design and Currently reviewing and commenting on Route 47 plans by IDOT Construction Specs Receiving public input Signage and wayfinding theme and 20% SEC Ongoing- Presented initial ideas to task force-Collecting data and concept Complete Aug representative photographs to be utilized throughout the process 2009 Preliminary cost estimates 5% SEC Aug 2009 Research being completed-gathering data SUBTASK 2—DOWNTOWN STREETSCAPE PLAN Task 1 —Downtown Pedestrian Analysis Downtown Streetscape Master Plan 15% SEC Aug 2009 First step of Concept Analysis Master Plan is complete-templates being created for streetscape master plan Pedestrian System Analysis 25% SEC Aug 2009 Initial analysis complete-Final plan to be drafted Typical street sections 15% SEC Aug 2009 Templates are drafted-to be modified through the process Reviewed IDOT's cross section plans for Route 47 and side streets SEC Group,Inc. Z:\2008\080389-YORK\Administrative\Meeting Minutes Agendas&Status Reports\STATUS REPORTS\6 Integrated Transportation Plan-Status report-Jan 12 2009.doc Page 3 of 4 Diagrams demonstrating safety 5% SEC Aug 2009 Data collection and research in progress-templates being created treatments (5) Narrative for Downtown Streetscape 20% SEC Aug 2009 Beginning to draft outline of report and content. Will be meeting Plan(to be inserted in final report) with staff to finalize outline Task 2—Design Standards for Streetscape Elements Design Standards for Streetscape 5% SEC Aug 2009 Research started and collecting information/examples Elements (Diagrams and Text) Theme and Character Study 10% SEC Aug 2009 Collecting data and representative photographs have been taken of the Yorkville area to determine character elements -to be utilized for the theme stud E.FINAL REPORT Overall Final Text Document/Report 5% SEC Aug 2009 Drafting outline and preliminary content of the report IMMEDIATE STEPS/ACTION ITEMS TO COMPLETE BY SEC GROUP • Analyze data/info received from task force meetings and public workshop meeting • Creating outline of text document(early draft for input), concept ideas,templates and guidelines/standards—to be modified throughout the process • 2nd newsletter Feb `09 • meeting with staff-Feb 18, 2009 INFORMATION TO BE PROVIDED BY YORKVILLE OR TASKS TO BE COMPLETED • Visual Preference Survey—Phil S. and Stephanie B. to meet 1-23-09 • Staff meeting Feb 18,2009 r,SEC Group,Inc. Z:\2008\080389-YORK\Administrative\Meeting Minutes Agendas&Status Reports\STATUS REPORTS\6 Integrated Transportation Plan-Status report-Jan 12 2009.doc Page 4 of 4 X14. D CITY Reviewed By: Agenda Item Number a� �.1+ Legal ❑ Finance F-1 EST. � 183 Engineer ❑ ~-� �- Tracking Number 0 JIM- 18, y City Administrator El �D Consultant ❑ CLE tiy�� ❑ Agenda Item Summary Memo Title: Zoning Ordinance Update- Status Report Meeting and Date: EDC /February 3, 2009 Synopsis: Report of ongoing activities related to the Zoning Ordinance Update Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: none Council Action Requested: No action Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: - find attached: 1) Plan Commission Steering Committee January 28, 2009 meeting summary 2) Zoning Ordinance Assessment Report-prepared by staff and primary subject of the 1/28/09 meeting. �D Cl,-� 0 United City of Yorkville J N ' County Seat of Kendall County EST.., 1835 800 Game Farm Road o Yorkville, Illinois, 60560 Telephone: 630-553-4350 �FEc Meeting Summary Zoning Ordinance Revision Steering Committee Assessment Meeting Wednesday January 28, 2009 Yorkville City Hall Conference Room 800 Game Farm Road ATTENDEES: Anne Lucietto,Plan Commission Chairperson Tom Lindblom,Bristol-Kendall Fire Protection District,Plan Commission member Richard Scheffrahn,Yorkville Green Committee member Lynn Dubajic,Yorkville Economic Development Corporation Richard Guerard,Homebuilders Association Travis Miller,Director United City of Yorkville Community Development Department Stephanie Boettcher, Senior Planner,United City of Yorkville Community Development Department MEMBERS NOT PRESENT Tom Van Boekel,Leo Foelich Construction Co.,commercial/industrial building development/construction John Sterrett,Kendall County Planning Department Anna Kurtzman,United City of Yorkville Building Department Donald Schwartzkopf,United City of Yorkville Police Department Jeff Baker,Zoning Board of Appeals,Plan Commission MEETING SUMMARY Travis Miller welcomed those in attendance and gave a brief overview of the timeline for the zoning ordinance updating,pointing out that this meeting was the end of the assessment phase. Travis then explained that during the assessment, which involved going through the state statute, an error was made in the establishment of the committee. The current committee was established as an advisory committee to the Plan Commission. However, given that the update is comprehensive in nature, the City needs to follow the statue which requires the Mayor to establish and appoint a Zoning Commission. A city commission must be made of Yorkville residents, which would exclude some of the members. Travis apologized for this oversight. Moving forward, Travis will be working with the Mayor to get a Zoning Commission established an approved by the City Council. The original zoning committee may be able to serve as an advisory committee to the newly formed Zoning Commission, which will hold the public hearings for the update, that could be determined by the Commission once established . This adjustment will most likely push back the timeline a month or so. The committee then went through the zoning assessment put together by Yorkville Staff. Phase One of the assessment identified the statutory powers provided by the State and how they are addressed(or not addressed) in the current zoning ordinance. There was discussion in relation to providing affordable housing for Yorkville residents. Rich mentioned that each City is supposed to have a certain number of affordable housing units and that most cities meet this requirement through the existing, older housing stock. He also mentioned that some municipalities which have requirements that make developers set aside housing stock within a development for affordable housing have a buyout option. This option allows developers to have a more uniform price point and the city can use the money to purchase affordable housing in other locations. He also mentioned that affordable housing is much easier to "mask"within a condo/apartment as opposed to a single family development. Richard asked if any homes on the market in Yorkville fall into the affordable housing threshold. Staff is going to review the MLS listings and get a average value of homes to see if this is the case. The committee recommended that the appearance code remain in the building code and that the zoning ordinance refer to it. This method allows the appearance code to be more flexible as opposed to the having to go through the zoning variance process which is established to be very restrictive. The committee then went through the non-conforming uses. Tom questioned what percentage of a redevelopment of a commercial or industrial building would ADA compliance be required. The committee was unsure of this requirement, but it would be a federal requirement. Trailers were addressed, as Travis asked if there were any in town the committee could recall. The only one was the city building along the Fox River. The City may need to address this issue. An exemption system was mentioned in which non-conforming uses could receive a renewal each year. Next, the committee went through Phase Two of the report, which was the summary of current zoning ordinance deficiencies. Adult entertainment clubs were brought up as they are not addressed in the zoning ordinance. Lynn mentioned they are allowed in manufacturing districts and the city passed an ordinance on this, around the 2000-2001 timeframe. Staff was unaware of this and will research it. Anne mentioned that the City should research Morris to see how they handle the issue. Architectural protrusions (i.e. bay windows)were discussed. Rich said that most municipalities measure setbacks from the foundation. This led into discussion about the maximum building square footage allowed on a lot. Does this square footage include decks? Rich said a policy decision should be made on this and felt that decks should not be included as this would put restrictions on high-end homes and homes with side loading garages (which more municipalities are requiring). Accessory structures were discussed. Lynn mentioned that many HOA covenants limit the size and material of them, and the City could look into doing the same. Rich questioned if it also limits the use, such as a mother-in-law suite above a detached garage. Play set structures should not be considered an accessory use. Temporary use permits should not be put in the zoning ordinance as zoning is a more permanent regulation. However, the zoning code can refer to the building code in regards to this. The City could look into requiring different fees dependent upon how"temporary" a structure will be. Site plan review should stay a part of the building code; however the building and zoning administrative process should be similar. The committee then went through two tables prepared by Staff, one of which was terms which needed to be evaluated and the second were applicable terms placed into use categories. Many of the terms on the first table were deemed to be outdated and it was decided to remove them from the zoning ordinance. Of the terms on the second table, some were combined or expanded upon. The committee also suggested additional zoning districts which many of the uses would be applicable. The meeting concluded with a brief discussion about overlay districts. Richard suggested looking into the Geneva/Naperville model in which a residential area is turned into a commercial area; however the nature of the residential neighborhood remains. Also, a historic district for the residential areas downtown to enhance the core of the City, Aurora is a good example of this. Staff will be contacting committee members about the formulation of the Zoning Commission, the next steps of the committee, and when the next meeting will be. United City of Yorkville Zoning Ordinance Assessment: Prepared by Staff January 2009 The purpose of this assessment report is to identify deficiencies in the current Zoning Ordinance and highlight areas of the Ordinance that may need special attention as the Plan Commission and its Steering Committee work towards recommending updates to the Ordinance. The report is divided into two parts. Part I is a summary of the zoning authorities provided to municipalities by the Illinois Compiled Statute and reports what authorities are currently exercised and some that are not. Part II of this report describes specific portions of the current Zoning Ordinance (by Ordinance section) that staff recommends the updated ordinance address differently. Part I—Statutory Powers/Purpose Illinois Compiled Statute 5/Article 11, Division 13 provides municipalities with the following powers (1-12) related to Zoning (paraphrased): Staff comments are italicized (1) to regulate and limit the height and bulk of buildings to be erected; Height Limits are regulated by Zoning District and listed on attached Table 1. Bulk Limits are regulated in various ways by the current Ordinance including, allow exceptions from calculations (parapet walls, chimneys, cooling towers, elevator bulkheads,fire towers, stacks and necessary mechanical appurtenances), and through floor area ratio requirements for Manufacturing Districts. Accessory Building height, Airport structures, is regulated by Chapter 3. (2) to establish, regulate and limit the building or set-back lines on or along any street, traffic-way, drive,parkway or storm or floodwater runoff channel or basin; Set-back lines are regulated by Zoning District (see Table 1),flood plain area and fringes (Chapter 5). (3) to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces,within and surrounding such buildings; Open space on lots regulation exists within Chapter 3. Intensity and use of lot area is regulated by Zoning District. R-3 and R-4 specifically regulate the density of units within a zoning lot. (4) to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial,business, residential, and other uses; 1 Locations of trades/industries (uses) and buildings by type of use is regulated by zoning district. (5)to divide the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of ILCS Division 13; The City Zoning Map along with the Zoning District regulations of the Ordinance provides this. (6) to fix standards to which buildings or structures therein shall conform; Standards for buildings and structures are not included in the current Zoning Ordinance. The City Appearance Code (Municipal Code Title 8 Chapter 15, and the design guidelines recommended by the Comprehensive Plan currently serve as this tool. (7) to prohibit uses, buildings, or structures incompatible with the character of such districts; The Zoning Districts list Permitted Uses and Chapter 3, Section 11 states any use not specifically listed shall be assumed to be expressly prohibited(unless a written decision of the plan commission determines "the use is similar to and not more objectionable than uses listed. " Note: other municipalities have provisions clearly stating with such written decision, no formal amendment of the ordinance is necessary. (8) to prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under ILCS Division 13; Chapter 1, Section 4 includes provisions requiring additions, alterations and remodeling of buildings to adhere to the Zoning Ordinance regulations. (9) to classify, to regulate and restrict the use of property on the basis of family relationship, which family relationship may be defined as one or more persons each related to the other by blood, marriage or adoption and maintaining a common household; Family is defined as ILCS allows with the addition of"a group of not more than S persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including clubs, sororities,fraternities or similar organizations. " 2 (10) to regulate or forbid any structure or activity which may hinder access to solar energy necessary for the proper functioning of a solar energy system, as defined in Section 1.2 of the Comprehensive Solar Energy Act of 1977; No provision specifically addresses this power within the current Ordinance. (11) to require the creation and preservation of affordable housing, including the power to provide increased density or other zoning incentives to developers who are creating, establishing, or preserving affordable housing; and No provision specifically addresses this power within the current Ordinance. Note: According to the Inclusionary Zoning (IZ) Strategy Report prepared by CMAP June 2008, convention dictates that, to be deemed "affordable" (as established by US HUD and IHDA) rental units should be available to those earning up to 60 percent of the Area Median Income (AMI); and ownership should be available to those earning up to 80 percent of the AMI. Additionally, a household should not be expected to pay more than 30 percent of its income toward rental housing or three times their annual salary for owner-occupied units. Based upon US Census Bureau statistics, the 2007 median income for Kendall County, Illinois was $74,539. Therefore, using the percentages above: The Yorkville affordable rental threshold is: (($74,539*.6)112)*.3 = $1,118/month The Yorkville affordable ownership threshold is: ($74,539*.8)*3 = $178,894 2007 median home value in Kendall County was $242,500. Some examples of Inclusionary policies cited by the 2008 CMAP report include: Highland Park, IL—requires developments of 5 or more units to set aside 20 percent as affordable. Lake Forest, IL—requires developments of 5 or more units to set aside 15 percent as affordable. The 2008 CMAP report concludes that IZ is more effective when tailored to the economic circumstances of individual cities and other housing and economic development policies must work in concert with IZ. (12) to establish local standards solely for the review of the exterior design of buildings and structures, excluding utility facilities and outdoor off-premises advertising signs, and designate a board or commission to implement the review process. 3 The City Appearance Code (Municipal Code Title 8 Chapter 15 currently serves as this tool. One and One-Half Mile Authority This authority is not applicable to the zoning ordinance. Yorkville does not have the ability to exercise zoning powers in the territory within one and one-half mile beyond the municipal boundary since Kendall County has adopted county zoning. Note that Yorkville does, however, have one and one-half mile authorities related to subdivision control and Kendall County has historically required zoning petitions within the one and one-half mile territory be reviewed by municipalities and have requested recommendations Non-Conforming Uses—Authority for Elimination The Statute allows municipalities to have provisions in a zoning ordinance regarding the "gradual elimination of uses, buildings and structures which are incompatible with the character of the districts in which they are made or located", including (but not limited to): (a) the elimination of such uses of unimproved lands or lot areas when the existing rights of the persons in possession thereof are terminated or when the uses to which they are devoted are discontinued; (b) the elimination of uses to which such buildings and structures are devoted, if they are adaptable for permitted uses; and (c) the elimination of such buildings and structures when they are destroyed or damaged in major part, or when they have reached the age fixed by the corporate authorities of the municipality as the normal useful life of such buildings or structures. Chapter 10 of the current Zoning Ordinance addresses nonconforming uses and amortization of these uses. Nonconforming uses are required to be discontinued when: - any part of a building, structure or land occupied is changed to or replaced by a conforming use—once this occurs, the nonconforming use cannot be resumed. - The nonconforming use of a building or structure has been discontinued for a period of 12 consecutive months. - The nonconforming use where no enclosed building is involved has been discontinued for a period of 6 months. Elimination of nonconforming uses, buildings and structures was required by the current ordinance (beginning in 1974)was as follows: A. Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) shall be removed 4 after two (2)years. Note: This provision seems to be appropriate in the update- the dollar amount may need to be evaluated to ensure it is appropriate in 2009 dollars. B. All nonconforming advertising devices, such as pennants, flags, movable signs or portable outdoor displays in any business district shall be removed after two (2)years.Note: this is not applicable to the update unless sign regulations are re-inserted to the Zoning Ordinance as part of the update. C. Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after ten (10)years.Note: this is not applicable to the update unless sign regulations are re-inserted to the Zoning Ordinance as part of the update. D. Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years. Note: This provision seems to be appropriate in the update E. Any nonconforming house trailers shall be removed after a period of ten (10)years. Note: This provision should not be applicable assuming it was properly enforced in 1984. Staff will research to determine if any situations exist. F. In all residence districts, any use lawfully existing at the effective date hereof, but permitted only in the B-2 and B-3 Districts or the manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule: Description of Use Amortization Period Uses permitted in the B-2 and B-3 15 years from the effective date Districts hereof Uses permitted only in the 8 years after the effective date manufacturing districts hereof Note: This provision will need to be evaluated once the permitted uses by district are updated. Repairs and Alterations: 5 Normal maintenance is allowable provided the use is not intensified Structural alterations are permitted if required by law, when the alteration results in the elimination of the nonconforming use, or when improvements are made to residential nonconforming uses in residential districts that improve livability and there is not an increase to dwelling units or bulk of the building. Exemption for nonconformance within the current zoning ordinance: - Nonconforming dwelling structures in Residential Districts where the only nonconformance is the number of dwelling units. - Uses permitted in B-1 existing in any Residential District that occupy the 1 st floor within a multiple-family dwelling located on a corner lot. Note—staff will research to determine if this situation exists, and if not, it would not bean applicable/necessary provision. - Uses in any Business or Manufacturing District, lawfully permitted prior to current ordinance, where the use is less distant from a Residential District than that specified in the regulations for the District it is located within. - In any District—where the existing nonconformance is related to floor area ratio, lot area and lot area per dwelling unit, yard setbacks, off street parking,building height, gross floor area. Special Uses The current Zoning Ordinance defines Special Uses within most of the Zoning Districts and Classifications as well as prescribes an appropriate procedure for review and approval for Special Uses. However, the list of specific criteria listed as `standards' in the Zoning Ordinance (Chapter 14) is not specifically required by State Statute. The list is generally a good tool to refer to when considering Special Use requests, however, some standards are not always attributable to some special use requests. When the Special Uses are reviewed and updated, the standards should be evaluated and, if necessary, additional or unique standards should be created. Such unique standards may include requiring site plans and conditions to special uses be incorporated into the approving ordinances. Currently, approving ordinances simply states that yes, the special use was granted on the subject property which sometimes lead to future confusion. 6 Part II—Summary of Deficiencies Definitions—Chapter 2 - This section should reference a source to use if a term is not in the ordinance, like: • The APA `A Planners Dictionary', or • Webster's Dictionary, or both. - List should be elaborated to include all unique terms of the ordinance o Recent terms that should be included: sign ordinance terms, floodplain ordinance terms, etc. - Terms that should modified and/or listed elsewhere in the Zoning Code • Accessory use—doesn't need to list uses since this is covered by the Zoning District chapters. • Automotive Repair, Major and Minor—Other than in definitions the Zoning Code doesn't discuss Major and Minor Automotive repairs • Home Occupation—This should be moved to General Provisions where readers are more likely to look for these standards. • Loading and Unloading Space, Off-Street—Definition differs from standards found in Section 10-11-5B —needs to be made consistent. • Lot of Record—definition differs from Section 10-11-3B • Parking Space, Automobile—differs from Section 10-11-3C - Terms that may be out-dated: • Automobile Laundry—should be listed as Car Wash • Billboard—should update to be consistent with most recent case law and APA verbiage • Boarding House—outdated term—regulated either by the `family' definition and/or hotel/motel terms • Building Line—should be consistent(maybe refer to) setback line • Cellar—outdated term—as defined would be considered an English Basement by current terminology • City—need to update to the United City of Yorkville (no longer a Village) • Club or Lodge, Private—this term should be researched and updated. Additional terms and regulations regarding adult clubs should be included and addressed in the Ordinance update and should be consistent with most recent case law and APA verbiage. • Drive-in—outdated term. • Fallout Shelter. • Nursery School/Day Nursery—outdated terms—should be updated to Daycare Facility, term should also account for all ages, not just under 7 years old. • Planned Development—update to PUD. • Sign—need to include all terms/definitions included in the current Sign Code (Municipal Code Chapter 11). 7 General Provisions—Chapter 3 Open Space on Lots—Evaluate and update. - Location and size of decks. - Location of bay windows. - Corner Clearance to include Alleys. Accessory Buildings—Evaluate and Update, consider adding regulations for Accessory Use/Structures - Section 10-3-5 Fencing—Evaluate and update. Sections: 10-3-2D1b and 10-3-7 Add provisions for Temporary Use Permit requirements. Add provisions for Site Plan Review requirements for Residential and Non-Residential permit applications. Zoning Districts—Chapters 4-13 F-1 Flood Plain District (Chapter 5) The City adopted new Chapter of the Municipal Code in 2008 regarding regulation in Floodplain areas. The area subject to this regulation is determined by the Base Flood elevation as delineated by FEMA dated February 4, 2009. Although the current zoning ordinance does include a chapter and classification for a Flood Plain District, there is no territory in the City currently zoned F-1. Removal of this chapter from the Zoning Ordinance and relying on Municipal Code Chapter would be advisable. Permitted Use list for each District. Refer to attached Tables 1 and 2 for comments related to the Use Categories used by the current Zoning Ordinance. Table 1 - This Table lists Uses staff is recommending for further evaluation. The Comment column briefly describes the purpose for further evaluation, some terms are simply outdated, while others may not include a clear definition in the Ordinance. Table 2 - This Table includes each Use term found in the Zoning Ordinance District Chapter. The terms (or Use Category) has been sorted by land use types suggested by staff as being unique in terms of land use behavior. 8 TABLE 1 Zoning Districts Residential Business Manufacturing AG Use Category Estate R-1 R-2 R-2 D R-3 R 4 O B-1 B 2 B 3 B-4 M 1 M 2 A l Recommended Uses Staff Comments/Draft Recommendations Accessory Uses P P P P P P P P P Expand to all Districts Agricultural P Create definition-create addition terms if necessary Airport S S S S S S S S S Evaluate-APA recommends use not near residential Art needlework and hand weaving P P outdated term-remove from ordinance Auction house P Evaluate-possibly expand to other Districts such as A-1 Automatic food service P P P outdated term-remove from ordinance Bakeries P P Clarify definition as wholesale/production-maybe allow retail as special use Bakery P P P P Clarify definition as retail -determine appropriate amount of onsite production Bed and Breakfast Inn S S S Evaluate-possibly expand to other Districts-consider parking needs Blueprint and photostat shop P P P Clarify/update the term Evaluate-clarify/update terms and consider migrant workers in Agriculture Boarding and lodging houses S S District Boat launching ramp S S S S Typically an accessory use-consider removing term Bus terminals, bus garages, bus lots, street railway terminals or streetcar Evaluate-consider separating uses based on behavior and typical intensity of the houses P P various uses being very different Business machine repair P P outdated term-remove from ordinance Car wash without mechanical repair on the premises P P outdated terms-remove phrase-leave car wash as a term Catalog sales office P P P outdated term-remove from ordinance Club-Private indoor P P P P P S Combine terms. Evaluate and clarify the definition. Specify that these are not Club-Private outdoor P P P P S Adult uses and create new terms for Adult uses. Evaluate and create definition-large scale feeding operations should be Commercial feeding of fish, poultry, researched and appropriate criteria and conditions should be addressed within livestock S the ordinance Create definition-clarify difference in public(Beecher Center)verses private Community center P P P P P P (HOA clubhouse) Drive-in restaurant P P outdated term-remove from ordinance Dwelling units for watchmen P P Evaluate need-may be outdated term Fire station S S S S S S P P Expand to all Districts Frozen food locker P P outdated term-remove from ordinance Garage-bus or truck P Create definition Separate terms-Hospital is a stand alone term and treatment center behaves Hospital or treatment center I P P P P differently in many respects. Hotel P P P Comine with Motel Miniwarehouse storage S S Evaluate-Expand to other Districts Motel P P P Combine with Hotel Newspaper publishing P P P Consider Districts permitted -behavior more similar to manufacturing uses Police station S S S S S S P P Expand to all Districts Post office P P P P Federal Use-no local authority-remove from Ordinance Pump sales P P outdated term-remove from ordinance Railroad passenger depot S Expand to all Districts Sanitary land fill S S Municipal zoning authority is not applicable to this use-remove from Ordinance ongoing discussions occuring with Plan Commission regarding updating mining Stone and gravel quarries I S regulations Evaluate-consider removing from ordinance-could be interpreted as Storage of household goods P P miniwarehouse storage Telegraph office P P P P P outdated term-remove from ordinance Tourist Home S, mmax, Sts,mmax Evaluate-consider combining with hotel/motel or bed and breakfast terms Trailer P P P P Evaluate-may be unnessary term Typewriter-sales and repair P P P outdated term-remove from ordinance TABLE 2 Outdoor Commercial Uses with Zoning Districts Residential Business Manufacturing Ag Use Category Estate R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 A-1 Agricultural implement sales and service I I I P P S Automobile painting, upholstering, repairing, reconditioning and body&fender repairing, when done in the confines of a structure P P Automobile rental P P P Automobile sales and service P P Boat rental and storage S S S S Boat sales P P Building material sales P P Contractor facilities with outdoor storage S S Feed and grain sales P P Fertilizer sales with storage and mixture S Grain elevators and storage S Greenhouse P P S Heavy machinery and equipment rental business P P Kennel P P S Motorcycle sales and service P P Nursery P P S Orchard P P Recreational vehicle sales and service P P Riding academies and stables S Storage and sale of trailers, farm implements and other similar equipment on a open lot P P Storage of flammable liquids, fats or oil in tanks each of 15,000 gallons or less capacity P P Trailer rental P P Truck rental P P Truck sales and service P P Truck, truck tractor, truck trailer, car trailer or bus storage yard - not include motor freight terminal P P Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature, ready mix batch plants, and asphalt manufacturing plants S S Commercial Uses with Entertainment or Event Activities Zoning Districts Residential Business Manufacturing Ag Use Category Estate R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 A-1 Amusement park S S S S S Arena S S S Auditorium P P P S S Billiard parlor P P P Bowling alley P P P Dance hall P P P Golf Course P P P P P P S Golf driving range P P S Gymnasium P P P P Health club or gymnasium P P P Miniture golf P P S Mortuary-funeral home P P P P Park-commercial recreational P P Parks P P P P P P P P P P P Playground P P P P Recreational camp- private S Recreation center P P P P P P Skating rink P P Sports arena P P Stadium S S S S S Swimming pool - indoor P P P P Tavern - nightclub S S S S S S Tennis club P P P P Tennis court- indoor P P Theater I P I P I P Institutional Uses Zoning Districts Residential Business Manufacturing Ag Use Category Estate R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 A-1 Cemetery S S S S S S S Church P P P P P P P P P P S Convent P P P P P P S Eleemosynary institution S S S S S S S Hospital S S S S S S P P P P S Institution for aged S S S S S S S Institution for children S S S S S S S Library P P P P P Monastery P P P P P P S Nursing home S S S S S S S Philantropic institution S S S S S S S Rest home S S S S S S S Sanitarium S S S S S S S Seminary P P P P P P Educational Uses Zoning Districts Residential Business Manufacturing Ag Use Category Estate R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 A-1 College S S S S S S P P P P P S Commercial school, trade school P P P P P School P P P P P P Schools, day or nursery, public or private S S S S S S Page 1 of 4 TABLE 2 Manufacturing-Processing/Assembly Uses Zoning Districts Residential Business Manufacturing Ag Use Category Estate R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 A-1 Advertising displays P P Any manufacturing that can operate in compliance with performance standards of 10-8-1 P P Apparel and other products manufactured from textiles P P Awnings, venetian blinds P P Beverages- nonalcoholic P P Blacksmith or welding shop S Books- hand binding and tooling P P Bottling works P P Brushes and brooms P P Cameras and other photographic equipment and supplies P P Canning and preserving P P Canvas and canvas products P P Cement block manufacturing S P Ceramic products-such as pottery and small glazing tile P P Cleaning and dyeing establishments when handling more than 1,500 pounds of dry goods per day P P Clothing - manufacturing P P Cosmetics and toiletries P P Creameries and dairies P P Dentures- manufacturing P P Drugs- manufacturing P P Electrical appliances- manufacturing P P Electrical equipment assembly P P Electrical supply manufacturing P P Food products- processing P P Fur goods- not including tanning and dyeing P P Glass products from previously manufactured glass P P Hair, felt and feather products P P Hat bodies of fur and wool felt P P Hosiery- manufacturing P P House trailers, manufacture P P Ice, natural P P Ink mixing and packaging and inked ribbons P P Jewelry- manufacturing P P Laboratories P P Laundries P P Leather products- not including tanning and dyeing P P Luggage- manufacturing P P Machine shop tools, die and pattern making P P Meat products S S Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment P P Metal stamping and extrusion of small products P P Milk processing and distribution S Musical instruments P P Orthopedic and medical appliances P P Paper products P P Perfumes and cosmetics P P Pharmaceutical products P P Plastic products- not including manufacturing of the raw materials P P Precision instruments P P Printing and newspaper publishing P P Products from finished materials P P Rubber products P P Silverware manufacturing P P Soap and detergent packaging P P Soldering and welding P P Sporting and athletic equipment- manufacturing P P Statuary, mannequins, figurines excluding foundry operations P P Textiles- manufacturing P P Tool and die shops P P Tools and hardware- manufacturing P P Toys- manufacturing P P Umbrellas- manufacturing P P Upholstering (bulk) P P use with flammable products limited to 12,000 gallons per tank not to exceed 50,000 gallons per zoning lot S P Vehicles, children's, P P Watches- manufacturing P P Wholesaling and warehousing - Local cartage express facilities - not including motor freight terminal P P Wood products P P Professional Service Uses Zoning Districts Residential Business Manufacturing Ag Use Category Estate R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 A-1 Advertising agency P P P P P Animal hospital S Appliance-service P P Barber shop P P P P P Beauty shop P P P P P Bookkeeping service P P P P P Carpet and rug cleaning P P Catering Service P P Clothes- pressing and repair P P P P Contractor offices P P Daycare S S S S Prohibited S Prohibited S Prohibited S S Detective agency P P P P P Dressmaker-seamstress P P P P Page 2 of 4 Professional Service Uses(CONTINUED) Zoning Districts Residential Use Category 0 Employment office ------00000--� Engineering . - ------00000--� MWRI -•.NO"1000"I .Government ---------00-- office Income _- tax service ------00000--� Insurance office ------00000--� Interior decorating • . --------000--� • --------000__ -• ------00000 Photograph -- . . -------0000 Professional building -------0000--� Professional offices ------00000_- Public accountant ------00000--� .. . .and television studios --------000--� Real estate office ------00000--� Reducing salon, and steam .. --------000_-� -•. . . - . • . • M", Shoe • -• • - ----------00 .- . . hat repair -------0000--� Stenographic service ------00000--� Stock broker ------00000_- •- --------000--� company ------00000 agency ------00000 Upholstery s •• ---------00___ Veterinary clinic • - ------00000--� ---------00-- • • . - • -•. --------000--� Weaving and mending . --------000_-� Manufacturing - office ------00000--� Retail Service Uses Zoning Residential Use Category Agricultural product sales Animal feed storage, preparation, retail • 0 Appliances sales --------000-- surplus --------000 gallery studio sales --------000__ Art supply store --------000--� Automobile accessory st. - --------000--� Camera:. - .• --------000_-� :.. • - -------0000--� .• -------0000--� Carry-out •.• service --------000--� Cigar, .. - - and tobacco store -------0000_-� Clothing • - -all types --------000--� Department st. - --------000-- Discount store --------000__ . . - -------0000--� Drygoods store- retail --------000--� Electrical equipment sales ---------00 Floor -- . - . sales --------000_-� • -------0000 vegetable -------0000--� Furniture sales- -• --------000--� Gasoline service station .• -------0000--� • - store-supermarket -------0000--� Hardware • - --------000--� Health •.. store -------0000_-� Household - shop -------0000--� Ice cream •• -------0000--� Jewelry- -------0000__ retail Junior department st. - --------000--� Leather goods --------000--� Liquor store Magazine . • newsstand -------0000--� Meat market Music, instrument -------0000-- • record store --------000--� • - -. . - . .. --------000_-� Paint/wallpaper st. - --------000--� .• --------000--� Personal l•. agency --------000--� -- . - --------000_-� Picture frame • - --------000--� Plumbing supplies and fixture sales ---------00-- -------0000 Sporting ..•• --------000-- . . - --------000--� - ------00000--� TABLE 2 Retail Service Uses(CONTINUED) Zoning Districts Residential Business Manufacturing Ag Use Category Estate R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 A-1 Variety store I P P P S S S S Antique Sales (in overlay) (in overlay) (in overlay) (in overlay) P P P P Cafeteria (diner) P P P P Coffee shop P I P P P P Residential Uses Zoning Districts Residential Business Manufacturing Ag Use Category Estate R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 A-1 Home Occupations P P P P P P S S Mobile Home Park (90 acre min) (O acre min) P S S S S S (in business (In business (in business (In business (in business (In business Multiple—family dwellings P P bldg) bldg) bldg) bldg) bldg) bldg) One-family detached dwellings P I P I P I P I P I P I I I I I I I P Rectories and parish houses P P P P P P Two-family semidetached (duplexes) - - - P P P Transportation Zoning Districts Residential Business Manufacturing Ag Use Category Estate R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 A-1 Marina S S S S S Motor freight terminals S S Railroad repair shops, maintenance buildings and switching yards S S Railroad rights of way I S I S I S S S S S Taxicab garage I I I I I P I P Utility Uses Zoning Districts Residential Business Manufacturing Ag Use Category Estate R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 A-1 Communications use S Electric substation S S S S S S P P P P P P S Filtration plant S S S S S S P P S Public Utility electric substations and distribution centers, gas regulations centers and underground gas holder stations P P S Public utility facilities P P P P P P S Radio and television towers, commercial S S S S S S P P S Sewage treatment plant S S S S S S P P Solid waste disposal site S S S S S S S Telephone exchange S S S S S S P P Utility company maintenance yard P Utility service yard or garage P Water pumping stations P P P Water reservoirs I P 1 15--1 P Page 4 of 4 Performance Standards: The standards for each use should be evaluated and updated as deemed appropriate. These provisions will be created as each category/use is solidified in the text within the appropriate District. Sources to refer to as these are prepared to ensure consistency include: Appearance Code, Standard Specifications for Improvements, Landscape Ordinance and the Comprehensive Plan Guidelines. Manufacturing Standards—need to make certain references to other sources are still current. New Districts: Evaluate current regulations and determine if additional districts are necessary based on Comprehensive Plan recommendations. Overlay Districts: Opportunities include: o Downtown o Route 47 Corridor(Route 126 to US 34) o Others? Off Street Paring and Loading— Chapter 11 This Chapter was recently updated(2006) and is relatively current in terms of engineering principles and access management issues. Some items to consider as this chapter is evaluated include introducing Bike Rack standards and evaluating and updating Parking and Loading Ratios as necessary. Planned Unit Development—Chapter 13 This Chapter was also recently updated(2006) and is relatively current, however should be evaluated and updated/refined as necessary. Zoning Administration and Enforcement—Chapter 14 Consider adding Zoning Administrator orders/interpretations Consider removing Fees structure from Zoning Code Cell Towers—Chapter 15 Evaluate and Update—does this code address current technology 9 Other New Sections The Plan Commission conducted a public hearing in January 2009 and recommended introducing Chapter 16—Wind Energy Systems to the Zoning Ordinance. The City Council will review this recommendation in February. 10 United City of Yorkville ZONING ORDINANCE DIMENSIONAL REQUIREMENTS Setbacks Minimum Lot Lot Dwelling Unit Zone Zoning District Maximum Density Size Lot Width Coverage Front Side* Rear Max.Height Max.Height Church Max.Height F.A.R. E-1 Estate Residential 1 per acre 1 acre 200' 30% 50' 50' 40' 25' R-1 Residential 18,000 s ft 100' 25% 40' 15'(40') 50' 30' R-2 Residential 12,000 s ft** 80'** 20% 30' 10'(30') 40' 30' R-2 Duplex 15,000 s ft*** 100'*** 30% 30' 10'(30') 30' 30' R-3 Residential 5 per acre max.6 units per buildin 9,000 s ft 70' 90'for attached units 30% 30' 10'(20') 30' 80'(6 stories)***** 30' 2.5 stories 45'structure/75'steeple R4 Residential 8 per acre 15,000 s ft 70' 90'for attached units 30% 30' 12'or 60%of bld h t 20' 40' 1 80'(6 stories)***** 30' 2.5 stories 45'structure/75'steeple O Office 20,000 s ft 50% 30' 10'(20') 20' 80'(6 stories)***** B-1 Limited Business 10,000 s ft 50% 30' 20' 20' 80'(6 stories)***** B-2 General Business 10,000 s ft 80% 0' 20'(30') 20' 80'(6 stories)***** B-3 Service Business 10,000 s ft 50% 50' 20' 30' 20' 80'(6 stories)***** B-4 Business 10,000 s ft 50% 50' 20'(30') 20' 80'(6 stories)***** M-1 Limited Manufadurin 60% 25' min 10%of lot and max.20' .8 max. M-2 General Manufacturing 60% 25' min 10%of lot and max.20' 85 max. A-1 100'**** 50' Dimensions within()=requirement for side yards adjoining a street Lots with private wells and/or private sewage minimum 1 acre and 125'width Lots with private wells and/or private sewage minimum 1.5 acres and 150'width ****200'along 34 and 47 ***If property is located in the Downtown Area(see map below),Max.Height is 35'or 3 stories Note:For special uses refer to Zoning Ordinance Downtown Height Limit Area i y �O th ❑ 4 _ Odbo ° 0 fl Q m to as Q C]tom° v za, n a rr+P� o to 9fj trQA rip a to to a ra P �7q LJd C"o tr L7 C Ld 4] op4a�q \ .0 aashin 150 .0 4 ZJ Q (1 \9\ 0 9 Ci shinM O Q I7 9433 �y❑b � Q �� � � � g 13 g r_> q 13 Q 4