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Resolution 2013-02 i i I I i Resolution No. 2013- 00? i A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE KENDALL CROSSING PUD PRELIMINARY PLAT WHEREAS , the United City of Yorkville (the " City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Kendall Crossing, LLC (the "Petitioner") has filed an application for Preliminary Plat approval of the Kendall Crossing Planned Unit Development for the purpose of resubdividing the approximately 18 . 5 -acre property into seven (7) lots inclusive of a new 38 , 500 square foot structure on Lot 1 ; and, WHEREAS, the Plan Commission convened and held a public hearing on the 12t" day of December 2012 , to consider the Kendall Crossing PUD Preliminary Plat after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and, WHEREAS, the Plan Commission reviewed the standards set forth in Chapter 3 and 4 of Title 11 of the Yorkville Subdivision Control Ordinance and made a recommendation to the Mayor and City Council ("the Corporate Authorities") for approval of the resubdivision and the KENDALL CROSSING PUD PRELIMINARY PLAT subject to comments prepared by the City Engineer in a letter dated December 7, 2012 in addition to staff recommendations provided in a memorandum dated December 7 , 2012, which both documents being attached hereto , i i NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows : Section 1. The above recitals are incorporated herein and made a part of this Ordinance. Section 2. That the Corporate Authorities hereby approve the KENDALL CROSSING PUD PRELIMINARY PLAT as depicted on a plan prepared by RB & Associates Consulting Inc. last revised December 12 , 2012 attached hereto and made a part hereof by reference subject to comments by the City Engineer and staff, also attached . i Passed by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois this day of , A. D . 2013 , '00/ CITY CLERK Resolution No . 2013- C Q Page 1 i i ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS L CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of JAr�juole y 2013 . 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Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville , IL 60560 I Re: Kendall Crossing Preliminary and Final PUD Engineering Plan Review United City of Yorkville, Kendall County, Illinois I Dear Krysti : We are in receipt of the preliminary plat dated December 6, 2012 prepared by RB & Associates for the above referenced project . Our review of these plans is to generally determine their compliance with local ordinances and whether the improvements will conform to existing local systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes , regulations , and acceptable standards of engineering practice . Engineering Enterprises , Inc. ' s review is not intended as an in-depth quality assurance review, we cannot and do not assume responsibility for design errors or omissions in the plans . As such , we offer the following comments: j i Preliminary Plat Review I i 1 . A site data table has been added , but it does not include all the detail as noted in the PUD Ordinance. It should be noted that they are providing less spaces that what was approved in the developer agreement. 2 . According to the PUD ordinance, the lots should also depict building footprints and dimensioned setbacks . The proposed setbacks are shown . Information regarding purpose/use and height of buildings should also be provided . 3 , Detailed review of the proposed easements will be provided during final engineering review. i 4 . The proposed easement over the existing large diameter storm sewer that traverses several lots needs to be a minimum of 15' . The exact width needed will be determined during final engineering review. I i I it i i Ms . Krysti Barksdale-Noble December 7 , 2012 Page 2 of 2 5 . A detailed review of the proposed utilities was not performed . This will be performed during final engineering review. 6 . Comments from IDOT on the proposed right-in/right-out need to be provided . 7 . A preliminary engineering plan has not been submitted , rather the petitioner is moving immediately to final engineering . If you have any questions or if you require additional information , please contact our office . i Sincerely , ENGINEERING ENTERPRISES , INC . 3/ > Bradley P . Sanderson , P. E . Vice President PC: Mr. Bart Olson , City Administrator Mr. Eric Dhuse , Director of Public Works Ms , Laura Schraw, Interim Director of Parks and Recreation Ms . Lisa Pickering , Deputy Clerk Mr. Dan Kramer Mr. Ron Bauer, RB & Associates j JAM , JWF , EEI i I i I I i I i i G:\Public\Yorkville\2012\YO1220-DR Kendall Crossing\Dots\I coy Review02.doc O� Memorandum EST. Z 1836 To : Plan Commission From : Krysti J . Barksdale-Noble, Community Development Director e. CC : Bart Olson, City Administrator Brad Sanderson, EEI, City Engineer rsw:ac�r Date: December 7, 2012 < CE �� Subject: PC 2012-11 Kendall Crossing PUD — Preliminary & Final Plat Petitioner ReguestBackSround : As the Plan Commission will recall, the Petitioner, James G. Ratos (Kendall Crossing LLC) , was recently granted approval of a Special Use Permit for a Planned Unit Development (PUD) on the property for the Kendall Crossing development (formerly Countryside Center) located at the northwest quadrant of US 34 (Veterans Parkway) and Il Route 47 (Bridge Street) . The approved preliminary concept plan of the PUD consisted of six (6) lots, a new 38 ,500 square foot cinema complex with five (5) supplemental outlots, and subject to the following conditions : 1 . The Developer must submit and obtain approval of Preliminary Plan or Final Plat for the Subject Property within one ( 1 ) year from the date of the ordinance approval. 2 . Authorization to vary from the required off-street parking standards to permit parking stalls that are narrower in width than the minimum required 8 . 5 feet for 90 degree stalls and the Landscape Ordinance requirements to provide one ( 1 ) landscaped island for every 20 parking spaces, per j staff' s review and approval . 3 . Authorization to vary from Section 10- 11 -4-B the number of required off-street parking stalls to provide 418 spaces rather than 662 spaces as required. 4. Authorization to vary from the required off-street loading requirements , to permit one ( 1 ) off- street loading dock for the theater, rather than the two (2) docks required. 5 . Authorization to vary from the Subdivision Control Ordinance and stormwater management j requirements, subject to review of final engineering plans and the recommendation(s) of the City Engineer. The Petitioner is now requesting recommendation for Preliminary and Final Plat approval from the Plan Commission. Proposed Preliminary Plat: The overall Kendall Crossing development has a total land area of approximately 17 . 74 acres resubdivided into seven (7) parcels. As illustrated on the attached Preliminary Plat for the Kendall Crossing PUD , Lot 1 of the resubdivided Countryside Center will cover approximately 7-acres and contain the 10-screen multiplex theater to be owned and operated by Neighborhood Cinema Group (NCG) . According to the Petitioner, Lots 2-6 are intended for commercial development such as restaurants and other uses complimentary to the movie theater. Lot 7 will be dedicated for all internal roadways and access drives which will be privately maintained. A proposed new right-in/right-out access off of Route 47 is also proposed. Below is overall site information regarding the proposed Kendall Crossing PUD , as provided on the Preliminary Plat: j i Proposed Use Site Area Lot I Cinema Complex: 7. 0586 acres Lot 2 Commercial 1 . 1507 acres Lot 3 Commercial 1. 0132 acres Lot 4 Commercial 1. 8400 acres Lot 5 Commercial 1. 7391 acres Lot 6 Commercial 2. 0769 acres Lot 7 Common Drives 2. 8632 acres TOTAL PROPERTY 17. 7417 acres I Parking The following parking infonnation provided by the Petitioner on the site data table on page 3 of the Preliminary Plat : Parking Spaces Ordinance Requires 577 Regular 8 . 5 'x20 ' Provided 402 Regular 8 . 5 'x20 ' Ordinance Requires 12 Handicap 16 ' x20 ' Provided 9 Handicap 17 'x20 ' Total Required 577 Spaces j Total Provided 411 Spaces i I Utilities The property is currently serviced by public utilities , as there is existing water, stonn sewer and sanitary sewer lines throughout the site. All other dry utilities, such as electrical , gas, cable and telephone are also available to the property. The Preliminary Plat illustrates all locations of all existing and proposed utilities as well as the associated public utility easements for the Kendall Crossing PUD . Roadways j i As mentioned previously, the internal roadway will be privately maintained. The Petitioner has proposed creating an Illinois Not-For-Profit Corporation known as Kendall Crossing Business Owner' s Association, which will be primarily responsible for the common area maintenance which will establish a reserve fund dedicated for street maintenance, common area signage and landscaping. The Petitioner will execute a cross-access easement to be recorded with the Final Plat allowing all future owners of the various lots within the PUD to access the private roads. There is currently an existing cross-access agreement with the McDonalds restaurant to the south of Lot 1 which will be maintained . All access points connecting the private roadways with public streets (i . e . , Countryside Parkway, Route 47 and Center Parkway) will remain unchanged with the exception of the proposed new right- in/right-out curb cut onto Route 47 just north of the movie theater parcel between Lot 1 and Lot 2 . This proposed new east-west access point will require an Illinois Department of Transportation (IDOT) permit. Phased Development i The Preliminary Plat indicates on page 3 that the Kendall Crossing PUD will occur in two (2) phases . Phase 1 will focus on the construction of the cinema complex (Lot 1 ) , including the waternain, sanitary and storm sewers serving the area. Additional construction in this phase will also consist of installing the main parkway road, the parking and roadway surrounding the movie theater on the east and west sides of Lot 1 northerly towards Countryside Parkway and the new right-in/right-out access point onto Route 47 . According to the Petitioner' s "Statement of Planning Objective to Be Achieved" submitted with their application, they anticipate commencing construction of Phase 1 around January 15 , 2013 . i The construction schedule for Phase 2 of the Kendall Crossing PUD will largely depend on the i sale of the remaining parcels within the development (Lots 2-6) . The individual site plans for these lots will be submitted for review and approval by staff and will occur as part of the building pen-nit process . Staff Comments In addition to planning and various departmental staff, the proposed Preliminary Plat has also been reviewed by the City ' s engineering consultant, EEI, for compliance with the Subdivision Control Ordinance and Standards for Specification requirements . Those comments regarding the plans were provided to the Petitioner on November 20, 2012 (see attached) . A letter from the Petitioner' s Attorney dated November 27 , 2012 and revised plans dated December 6, 2012 were provided to Staff in response to the engineering comments and are included as an attachment . EEI also reviewed the attached Preliminary Plat submittal prepared by RB & Associates Consulting Inc. and provided supplemental comments in a letter dated December 7 , 2012 (see attached) . Below are additional planning staff comments : i • An overall Preliminary Plat which fits onto a single page should be provided, and additional detail sheets (if needed) may be included. • The site data table included on the Preliminary Plat does not include all the detail as required by the PUD Ordinance (such as : total area of property in square feet and acreage; square footage and percent site covered with buildings on Lot 1 ; Gross Floor Area for the building on Lot 1 , etc . . ) • Ord. 2012-40 authorized a variance from the required off-street parking regulations to provide 418 spaces rather than 662 spaces as required . The Preliminary Plat indicates on the site data table that the provided parking stalls have been reduced by seven (7) parking stalls to 411 spaces . While we note that although the Petitioner was granted a variance to allow a minimum parking stall width of 8 feet rather than the required 8 . 5 feet, the proposed Preliminary Plat indicates the parking stalls will meet the Parking Regulations minimum design size. However, the decrease in overall stalls from the approved Ordinance cannot be varied without amending the PUD . It should be noted that the required parking spaces per Section 10- 11 -4-B of the Zoning Ordinance is 662 spaces, not 577 spaces . • Further, the site data table indicates that Lot 1 will have only nine (9) of the required twelve ( 12) ADA parking stalls . ADA parking standards are federally and state mandated and locally enforced. • There are some discrepancies with the total acreage of the site on the Preliminary Plat (example : Page 3 indicates the Total Property = 17 . 7417 acres and the Site Date Table indicates Area Total = 17 . 74166 acres) . • Page 1 of the Preliminary Plat the word "Memorial" of Nelson Memorial Services, PC is misspelled. • Page 3 of the Preliminary Plat in the development phase detail, "Countryside" is misspelled. ! I Proposed Final Plat: The proposed Final Plat has been reviewed by the City ' s engineering consultant EEI, for compliance with the Subdivision Control Ordinance and Standards for Specification requirements . Those comments regarding the plans were provided to the Petitioner on November 20 , 2012 (see attached) . A i letter from the Petitioner' s Attorney dated November 27, 2012 and revised plans dated December 6, 2012 were provided to Staff in response to the engineering comments and are included as an attachment. In general, Staff has expressed concern with the Petitioner and their design team that final engineering plans will need to be completed and reviewed before Final Plat approval can be recommended by staff. As details regarding the proposed utilities and approval from outside agencies (i . e . , IDOT) are finned up, the fine tuning and specific features of the site plan, including landscaping, cannot be committed to at this time in the fonn of a Final Plat. Staff Recommendations : Based upon the review of the Kendall Crossing Preliminary Plat and Final Plat, as well as the compliance with the City' s PUD Ordinance, Subdivision Control Ordinance and Standards for Specification requirements, staff recommends approval of the requested Preliminary Plat subject to continents by the City Engineer on a letter dated December 7, 2012 and staff comments provided in a memorandum dated December 7920120 Proposed Motion : In consideration of testimony presented during a Public Hearing on December 12, 2012 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council of a request for Preliminary Plat approval for the Kendall Crossing PUD, as presented by the Petitioner in a site plan prepared by RB & Associates Consulting Inc. dated December 6, 2012, subject r to review comments prepared by the City 's Engineering Consultant, EEI, in a letter dated December 7, 2012 in addition to staff recommendations provided in a memorandum dated December 7, 2012 and further subject to [insert any additional conditions of the Plan Commission] . . . i Attachments : 1 . Copy of Petitioner' s Application w/attachments . 2 . Kendall Crossing PUD — Preliminary Plat, prepared by RB & Associates Consulting Inc. dated December 6, 2012 , 3 . Kendall Crossing PUD — Final Plat, prepared by RB & Associates Consulting Inc. 4. EEI Letter to the City dated November 20, 2012 re: Kendall Crossing Preliminary and Final PUD Engineering Plan Review. 5 . Daniel J. Kramer Letter to the City dated November 27, 2012 re : Kendall Crossing Preliminary and Final PUD Engineering Plan Review. 6 . COY letter to Petitioner Attorney, Daniel J. Kramer, dated November 30, 2012 re: Kendall Crossing — Proposed Planned Unit Development (PUD) Plan & Final Plat Approval. 7. EEI Letter to the City dated December 7, 2012 re: Kendall Crossing Preliminary and Final PUD Engineering Plan Review. 8 . Copy of Public Notice. I I I I i I i I I I I PRELIMINARY PLAT } KENDALL CROSSING PUD .N•. 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