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Economic Development Packet 2013 04-02-13 ,��o CITY o United City of Yorkville 4 800 Game Farm Road EST. ! 186 Yorkville, Illinois 60560 o Telephone: 630-553-4350 Fax: 630-553-7575 E AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, April 2, 2013 7:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: February 5, 2013 New Business: 1. EDC 2013-11 Building Permit Reports for February and March 2013 2. EDC 2013-12 Building Inspection Reports for February and March 2013 3. EDC 2013-13 Kendall Marketplace /Rob Roy Falls / City Land Swap Proposal 4. EDC 2013-14 Second Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area (Imperial Investments, LLC) Old Business: Additional Business: 2013/2014 City Council Goals—Economic Development Committee Goal Priority Staff "Economic development(tourism,commercial development,other 3.5 Krysti Barksdale-Noble&Bart Olson people's money" "Downtown improvement(public&private; downtown property 4 Krysti Barksdale-Noble&Bart Olson cleanup" "Stricter code enforcement on all property maintenance" 5 Pete Ratos&Krysti Barksdale-Noble "Public riverfront improvement(bridges to river islands)" 9 Krysti Barksdale-Noble "Tourism" 10 Krysti Barksdale-Noble "Metra extension(Oswego&Yorkville)" 10 Krysti Barksdale-Noble&Bart Olson UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, April 2, 2013 7:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- l. February 5, 2013 ❑ Approved ❑ As presented ❑ As amended --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2013-11 Building Permit Reports for February and March 2013 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2013-12 Building Inspection Report Summary for February and March 2013 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2013-13 Kendall Marketplace/Rob Roy Falls/City Land Swap Proposal ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2013-14 Second Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area(Imperial Investments LLQ ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- A. Co. Reviewed By: Agenda Item Number 4.0 Legal ❑ Minutes Finance ❑ EST. 1836 Engineer ❑ ^�= City Administrator ❑ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes of the Economic Development Committee—February 5, 2013 Meeting and Date: EDC—April 2, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Name Department Agenda Item Notes: DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, February 5, 2013, 7:00pm City Conference Room In Attendance: Committee Members: Alderman Carlo Colosimo Alderman Jackie Milschewski Alderman Diane Teeling Absent: Chairman Marry Munns Other City Officials: City Administrator Bart Olson Community Development Director Krysti Barksdale-Noble Code Official Pete Ratos Administrative Intern Jeff Weckbach Other Guests: Lynn Dubajic, YEDC Fred Anderson, Country Hills The meeting was called to order at 7:00pm by Vice-Chairman Diane Teeling. Citizen Comments: Fred Anderson of Country Hills requested information about radon systems in homes. He said in his home it would have to be installed in the attic after wading through insulation and that in new homes it should be near an access point. He said the filters only last about 5 years and questioned the worth of such an installation. Pete Ratos said the code in a new home already requires an outlet in place in the attic and also piping. Some pumps require filters while others create a negative vacuum resulting in a natural dissipation. The cost would be about $1,000 to retrofit a home. He said the sandy soil in Yorkville produces radon due to the decay of soil and uranium. In Yorkville, 8 out of 10 homes fail radon tests. Buyers can request radon tests, though it is not required by City or State. No further action. Minutes for Correction/Approval: December 4, 2012 & January 2, 2013 (Discussed at conclusion of meeting). Both sets of minutes were approved as presented. 1 New Business 1. EDC 2013-07 Building Permit Report for January 2013 No discussion 2. EDC 2013-08 Building Inspection Report Summary for January 2013 No discussion 3. EDC 2013-09 Active Radon System There was additional discussion of this topic. Ms. Teeling asking if all homeowners must install this system. Mr. Ratos said it is not required, but when someone sells their home or refinances, a test is oftentimes required. The proposed building code amendment would only apply to new homes and would require this system. Ms. Milschewski added that it is routine to do inspections when homes are sold. Alderman Colosimo said it is not the city's place to require people to install these systems. Mr. Ratos said that radon has been linked to some cancers and because Yorkville is in a high-risk area, a proposal for an amendment was drafted. All 3 Aldermen present were not in favor of this requirement, however, they want to move it forward to the City Council for discussion. 4. EDC 2013-10 South Side Residential Development Incentive Program Ms. Barksdale-Noble said she had spoken with a couple builders and they wish to have the B.U.I.L.D. program continue. One idea suggested was to deduct $5,000 from all building permits to help generate more sales and that money could be used for purchase of a lot. A veteran's program was also discussed with the builders suggesting they might donate a lot. Other targets might be specific to teachers, firemen, police officers etc. Alderman Milschewski asked if the City could work with real estate agents/relocation specialists who could steer prospective buyers to Yorkville. Ms. Ratos suggested publicizing Yorkville's various program in the trade journals that contractors read. Alderman Colosimo stated that action needs to be taken for the south side particularly in Windett Ridge and Raintree to stimulate growth and for economic development reasons. He said there are many liens on some of these properties and suggested some sort of forgiveness program since many are City liens. Alderman Teeling agreed as well as Alderman Milschewski especially in light of Rt. 47 construction. Mr. Colosimo said people in his Ward frequently ask for grocery stores. Ms. Dubajic said she has had some discussions with such tenants. She said many negotiations were begun in the better economic times based on rooftops and some of them were grocers. Ms. Barksdale-Noble said builders said that a spec home could not be built if there are liens and spec homes bring potential customers. Suggestions were made to allow one spec home per subdivision for a new developer, or permit fee reductions. Mr. Ratos suggested tying the spec home to the percentage of lots owned in the subdivision. 2 In further discussion, Mr. Ratos said the 1-88 corridor has been well-promoted as being close to the north end of town. The south side of Yorkville has the advantage of being close to Plainfield and to the 1-55 corridor. He said he has heard this will be a good building year. Materials are being purchased and demand is up for certain building products. Administrator Olson will draft a mini-report for the Council. Old Business: none Additional Business: Ms. Dubajic noted that a national tenant will be signing a lease this week on the south side of town. There was no further business and the meeting adjourned at 7:30pm. Minutes respectfully submitted by, Marlys Young 3 A. Co. Reviewed By: Agenda Item Number `u 0 40 Legal ❑ NB #1 Finance ❑ EST. 1836 Engineer ❑ ~�= City Administrator ❑ Tracking Number 1' Human Resources ❑ '$ �v Community Development EDC 2013-11 Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Building Permit Reports for February and March 2013 Meeting and Date: EDC—April 2, 2013 Synopsis: All permits issued from February 1 —March 28, 2013. Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: Informational Council Action Requested: None Submitted by: D. Weinert Community Development Name Department Agenda Item Notes: Cow UNITED CITY OF YORKVILLE EST. , _ L 1836 -� BUILDING PERMIT REPORT °� ' � February 2013 <CE TYPES OF PERMITS Number SFD B .U . I .L . D SFA Multi- Commercial Industrial Misc . Construction Permit of Single Fancily Single Family Single Family Family Includes all Permits Cost Fees Permits Detached Detached Attached Issued for Commercial Program Begins Apartments Use Issued 11112012 Condominiums February 2013 30 5 6 0 0 12 0 7 1 ,939,039. 00 132,871 . 08 Calendar Year 51 7 10 0 0 22 0 12 3 , 107,911 . 00 2065654. 62 2013 Fiscal Year 480 28 36 0 0 110 0 306 16, 187,403 .00 840,510. 05 2013 February 2012 7 0 0 0 0 3 0 4 195731 . 00 544 .70 Calendar Year 22 0 0 0 0 13 0 9 1975137. 00 3 , 181 .40 2012 Fiscal Year 2012 452 38 0 0 0 117 0 297 131998,856.00 4121236. 12 February 2011 11 0 0 0 6 0 5 299451 . 00 822.00 Calendar Year 19 0 0 0 9 0 10 71 . 562. 00 15424.00 2011 Fiscal Year 2011 458 27 6 0 97 0 328 101859,809.00 393 ,305 . 86 February 2010 17 4 0 0 9 0 4 1 ,2215270. 00 35,745 .47 Calendar Year 46 7 0 0 18 0 21 2, 126, 145 . 00 65,270 . 15 2010 Fiscal Year 2010 463 53 8 0 118 0 284 26,738,043 .00 722,541 . 63 P :\Building Dept REPORTS\Building Permit Reports\Building Permit Reports 2013 \Bldg Permit Report Feb 2013 . doc Prepared by: D Weinert UNITED CITY OF YORKVILLE M = 1836 BUILDING PERMIT REPORT March 2013 <ICE ,Number of SFD B .U. I .L D . SFA Multi- Commercial Industrial Misc. Construction Permit Permits Single Family Single Family Single Family Farnlly : Includes all Permits Cost Fees Issued Dwelling Dwelling Attached Issued for Apartments Commercial Use Condominiums March 2013 34 1 4 0 0 11 0 18 895 , 139. 00 71 ,407 . 86 Calendar Year 85 8 14 0 0 33 0 30 4,006,050. 00 278,062.48 2013 Fiscal Year 2013 514 29 40 0 0 121 0 324 17,082,542. 00 9185552.91 March 2012 49 9 4 0 0 6 0 30 35137,669. 00 154,391 .29 Calendar Year 71 9 4 0 0 19 0 39 3 ,334,800. 00 157, 152. 69 2012 Fiscal Year 2012 501 47 4 0 0 123 0 327 17, 1365518 .00 566 5777.41 March 2011 47 6 0 0 9 0 32 1 , 1223781 . 00 685182 .68 Calendar Year 66 6 0 0 18 0 42 1 , 194,343 . 00 69,707 . 18 2011 Fiscal Year 2011 506 33 6 0 107 0 360 11 ,982,590.00 462,268.34 March 2010 46 5 0 0 7 0 34 2, 5765358 .00 44,533 . 67 Calendar Year 92 12 0 0 25 0 55 4,702,503 . 00 108, 553 .82 2010 Fiscal Year 2010 509 58 8 0 125 0 318 2%314,401 . 00 765,225 .30 Prepared by D Weinert A. Co. Reviewed By: Agenda Item Number 440 Legal ❑ NB #2 Finance ❑ EST. 1836 Engineer ❑ ~�= City Administrator ❑ Tracking Number 1' Human Resources ❑ '$ �v Community Development EDC 2013-12 Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Building Inspection Report Summary for February and March 2013 Meeting and Date: EDC—April 2, 2013 Synopsis: All inspections scheduled from February I —March 28, 2013. Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: Informational Council Action Requested: None Submitted by: D. Weinert Community Development Name Department Agenda Item Notes: DATE : 02 / 28 / 2013 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 10 : 05 : 43 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 02 / 01 / 2013 TO 02 / 28 / 2013 INSPECTOR SCHED . COMP , TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PWK 016 - EFL ENGINEERING - FINAL INSPE 20110457 2568 EMERALD LN 2 02 / 01 / 2013 Commentsl : B - BOX OPERABLE $ 5000 SECURITY GUARANTEE Comments2 : NEEDED FOR TEMP PR _ 017 - FIN FINAL INSPECTION 02 / 13 / 2013 PR _ 018 - PLF PLUMBING - FINAL 02 / 13 / 2013 PR 008 - FIN FINAL INSPECTION 20120452 1426 ASPEN LN 118 02 / 01 / 2013 PR 09 : 30 003 - FIN FINAL INSPECTION 20120504 865 ERICA LN 02 / 06 / 2013 Commentsl : OCCUPANCY / DOLLAR TREE PWK 014 - EFL ENGINEERING - FINAL INSPE 20120518 2342 EMERALD LN 35 02 / 01 / 2013 Commentsl : BBOX OPERABLE $ 5000 SECURITY GUARANTEE F Comments2 : OR TEMP PR 015 - FIN FINAL INSPECTION 02 / 11 / 2013 PR 016 - PLF PLUMBING - FINAL 02 / 11 / 2013 PR 016 - FIN FINAL INSPECTION 20120522 462 OMAHA DR 82 02 / 20 / 2013 PR _ 017 - PLF PLUMBING - FINAL 02 / 20 / 2013 PWK 018 - EFL ENGINEERING - FINAL INSPE 02 / 21 / 2013 Commentsl : BBOX KEYABLE , $ 5000 SEC GUARANTEE FOR TE Comments2 : MP PR AM 002 - PLR PLUMBING - ROUGH 20120526 211 - 215 S BRIDGE ST 02 / 12 / 2013 PR 003 - REL ROUGH ELECTRICAL 02 / 20 / 2013 PR 004 - REL ROUGH ELECTRICAL 02 / 15 / 2013 Commentsl : PARTIAL PR 11 : 00 009 - INS INSULATION 20120546 1322 DEERPATH DR 224 02 / 04 / 2013 PR 11 : 00 010 - BSM BASEMENT FLOOR 02 / 07 / 2013 PWK 014 - EFL ENGINEERING - FINAL INSPE 20120559 2368 TITUS DR 243 02 / 13 / 2013 Commentsl : COULD NOT KEY BBOX PWK 015 - EFL ENGINEERING - FINAL INSPE 02 / 21 / 2013 PR 016 - FIN FINAL INSPECTION 02 / 22 / 2013 PR _____ 017 - PLF PLUMBING - FINAL 02 / 22 / 2013 DATE : 02 / 28 / 2013 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 10 : 05 : 43 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 02 / 01 / 2013 TO 02 / 28 / 2013 INSPECTOR SCHED . COMP , TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR 007 - REL ROUGH ELECTRICAL 20120561 728 E VETERANS PKWY # 113 02 / 20 / 2013 PR 008 - PLR PLUMBING - ROUGH 02 / 20 / 2013 PR 009 - RMC ROUGH MECHANICAL 02 / 20 / 2013 PWK 014 - EFL ENGINEERING - FINAL INSPE 20120566 2374 TITUS DR 244 02 / 13 / 2013 Commentsl : BBOX OPERABLE $ 5000 SEC GUARANTEE FOR TE Comments2 : MP PR 015 - FIN FINAL INSPECTION 02 / 26 / 2013 PR 016 - PLR PLUMBING - ROUGH 02 / 26 / 2013 PR 009 - REL ROUGH ELECTRICAL 20120567 2311 TITUS DR 258 02 / 07 / 2013 PR 010 - RFR ROUGH FRAMING 02 / 07 / 2013 PR 011 - RMC ROUGH MECHANICAL 02 / 07 / 2013 PR 012 - PLR PLUMBING - ROUGH 02 / 07 / 2013 PR 013 - INS INSULATION 02 / 11 / 2013 PR 009 - RFR ROUGH FRAMING 20120568 2426 SAGE CT 3001 02 / 05 / 2013 PR 010 - REL ROUGH ELECTRICAL 02 / 05 / 2013 PR 011 - RMC ROUGH MECHANICAL 02 / 05 / 2013 PR 012 - PLR PLUMBING - ROUGH 02 / 05 / 2013 PR 013 - INS INSULATION 02 / 07 / 2013 PR 009 - INS INSULATION 20120569 2539 EMERALD LN 125 02 / 04 / 2013 PR AM 010 - BSM BASEMENT FLOOR 02 / 01 / 2013 PR AM 011 - PHD POST HOLE - DECK 02 / 01 / 2013 PR AM 012 - GAR GARAGE FLOOR 02 / 19 / 2013 PR AM 013 - STP STOOP 02 / 19 / 2013 PR _ _ 004 - FIN FINAL INSPECTION 20120570 1863 WALSH DR 58 02 / 04 / 2013 PR _ _ AM 004 - ESS ENGINEERING - STORM 20120589 2339 TITUS DR 256 02 / 19 / 2013 DATE : 02 / 28 / 2013 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 10 : 05 : 43 CALLS FOR INSPECTION REPORT ID : PT4AOOOO . WOW INSPECTIONS SCHEDULED FROM 02 / 01 / 2013 TO 02 / 28 / 2013 INSPECTOR SCHED , COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR _ 005 - REL ROUGH ELECTRICAL 02 / 21 / 2013 PR 006 - RFR ROUGH FRAMING 02 / 21 / 2013 PR 007 - RMC ROUGH MECHANICAL 02 / 21 / 2013 PR 008 - PLR PLUMBING - ROUGH 02 / 21 / 2013 PR 009 - INS INSULATION 02 / 25 / 2013 PR AM 010 - BSM BASEMENT FLOOR 02 / 26 / 2013 PR AM 004 - ESS ENGINEERING - STORM 20120590 2325 TITUS DR 257 02 / 19 / 2013 PR 002 - FIN FINAL INSPECTION 20130002 122 W VETERANS PKWY 02 / 13 / 2013 PR 11 : 30 001 - FTG FOOTING 20130005 102 GARDEN ST 5 02 / 11 / 2013 Commentsl : ANIMAL HOSP -ADDIT . PR 13 : 00 002 - PPW PRE - POUR , WALL STEEL 02 / 12 / 2013 PR 003 - BKF BACKFILL 02 / 15 / 2013 PR PM 001 - FTG FOOTING 20130007 2255 LAVENDER WAY 70 02 / 11 / 2013 PR AM 002 - ESW ENGINEERING - SEWER / WAT 02 / 19 / 2013 PR AM 003 - BKF BACKFILL 02 / 19 / 2013 PR AM 001 - FTG FOOTING 20130008 2338 TITUS DR 237 02 / 11 / 2013 PR _ _ AM 002 - ESW ENGINEERING - SEWER / WAT 02 / 19 / 2013 PR 003 - BKF BACKFILL 02 / 19 / 2013 PR AM 001 - FTG FOOTING 20130009 2348 TITUS DR 239 02 / 11 / 2013 PR AM 002 - BKF BACKFILL 02 / 19 / 2013 PR AM 003 - ESW ENGINEERING - SEWER / WAT 02 / 19 / 2013 PR AM 001 - FTG FOOTING 20130010 2545 EMERALD LN 126 02 / 26 / 2013 PR PM 001 - RFR ROUGH FRAMING 20130011 1123 HAMPTON LN 222 02 / 13 / 2013 PR PM 002 - REL ROUGH ELECTRICAL 02 / 13 / 2013 PR ___` PM 003 - RMC ROUGH MECHANICAL 02 / 13 / 2013 DATE : 02 / 28 / 2013 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 10 : 05 : 43 CALLS FOR INSPECTION REPORT ID : PT4AOOOO . WOW INSPECTIONS SCHEDULED FROM 02 / 01 / 2013 TO 02 / 28 / 2013 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR PM 004 - PLR PLUMBING - ROUGH 02 / 13 / 2013 PWK 001 - PHF POST HOLE - FENCE 20130015 2834 OLD GLORY DR 282 02 / 14 / 2013 PR 002 - FIN FINAL INSPECTION 02 / 19 / 2013 Commentsl : FENCE PR 001 - PHF POST HOLE - FENCE 20130016 1351 CANNONBALL TR 10 02 / 07 / 2013 PR __ 002 - RFR ROUGH FRAMING 02 / 19 / 2013 PR 10 : 00 001 - FIN FINAL INSPECTION 20130021 620 W VETERANS PKWY 02 / 21 / 2013 PR AM 001 - FTG FOOTING 20130023 2256 LAVENDER WAY 60 02 / 19 / 2013 PR PM 002 - BKF BACKFILL 02 / 21 / 2013 PR PM 003 - ESW ENGINEERING - SEWER / WAT 02 / 26 / 2013 PR AM 001 - FTG FOOTING 20130024 2399 AUTUMN CREEK BLVD 266 02 / 19 / 2013 PR PM 002 - BKF BACKFILL 02 / 27 / 2013 PR PM 003 - ESS ENGINEERING - STORM 02 / 26 / 2013 PR AM 001 - FTG FOOTING 20130025 2344 TITUS DR 238 02 / 19 / 2013 PR PM 002 - BKF BACKFILL 02 / 21 / 2013 PR PM 003 - ESW ENGINEERING - SEWER / WAT 02 / 26 / 2013 PR AM 001 - FTG FOOTING 20130026 2354 TITUS DR 240 02 / 19 / 2013 PR PM 002 - BKF BACKFILL 02 / 21 / 2013 PR PM 003 - ESW ENGINEERING - SEWER / WAT 02 / 26 / 2013 PR AM 001 - FTG FOOTING 20130028 2324 TITUS DR 234 02 / 26 / 2013 PR AM 001 - FTG FOOTING 20130038 2341 PRAIRIE GRASS LN 299 02 / 26 / 2013 PR 001 - ESS ENGINEERING - STORM 20130040 1102 CARLY DR 28 02 / 19 / 2013 PR _ _ 002 - FTG FOOTING 02 / 25 / 2013 DATE : 02 / 28 / 2013 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 10 : 05 : 43 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 02 / 01 / 2013 TO 02 / 28 / 2013 INSPECTOR SCHED , COMP , TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PERMIT TYPE SUMMARY : ADD ADDITION 4 BIP BUILD INCENTIVE PROGRAM SFD 35 BSM BASEMENT REMODEL 5 CCO COMMERCIAL OCCUPANCY PERMIT 1 CRM COMMERCIAL REMODEL 8 DCK DECK 2 FNC FENCE 2 SFD SINGLE - FAMILY DETACHED 32 INSPECTION SUMMARY : BKF BACKFILL 8 BSM BASEMENT FLOOR 3 EFL ENGINEERING - FINAL INSPECTION 6 ESS ENGINEERING - STORM 4 ESW ENGINEERING - SEWER / WATER 6 FIN FINAL INSPECTION 11 FTG FOOTING 12 GAR GARAGE FLOOR 1 INS INSULATION 5 PHD POST HOLE - DECK 1 PHF POST HOLE - FENCE 2 PLF PLUMBING - FINAL 4 PLR PLUMBING - ROUGH 7 PPW PRE - POUR , WALL STEEL 1 REL ROUGH ELECTRICAL 7 RFR ROUGH FRAMING 5 RMC ROUGH MECHANICAL 5 STP STOOP 1 INSPECTOR SUMMARY : PR PETER RATOS 82 PWK PUBLIC WORKS 7 STATUS SUMMARY : C PR 5 C PWK 1 I PR 67 T PR 10 T PWK 6 REPORT SUMMARY : 89 DATE : 03 / 28 / 2013 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 12 : 00 : 02 CALLS FOR INSPECTION REPORT ID : PT4AOOOO . WOW INSPECTIONS SCHEDULED FROM 03 / 01 / 2013 TO 03 / 31 / 2013 INSPECTOR SCHED . COMP , TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR 10 : 00 003 - FIN FINAL INSPECTION 20100288 2829 CRANSTON CIR 163 03 / 08 / 2013 PR 011 - RFR ROUGH FRAMING 20110481 2507 EMERALD LN 121 03 / 18 / 2013 PR 012 - REL ROUGH ELECTRICAL 03 / 18 / 2013 PR 013 - RMC ROUGH MECHANICAL 03 / 18 / 2013 PR 014 - PLR PLUMBING - ROUGH 03 / 18 / 2013 PR 015 - RMC ROUGH MECHANICAL 03 / 20 / 2013 PR 016 - INS INSULATION 03 / 20 / 2013 PR 017 - FIN FINAL INSPECTION 20120463 2394 TITUS DR 248 03 / 08 / 2013 PR 018 - PLF PLUMBING - FINAL 03 / 08 / 2013 PR AM 005 - REL ROUGH ELECTRICAL 20120534 2152 KINGSMILL ST 116 03 / 26 / 2013 PR 11 : 00 010 - GAR GARAGE FLOOR 20120546 1322 DEERPATH DR 224 03 / 04 / 2013 PR 011 - FIN FINAL INSPECTION 03 / 26 / 2013 PR 012 - PLF PLUMBING - FINAL 03 / 26 / 2013 PWK 013 - EFL ENGINEERING - FINAL INSPE 03 / 25 / 2013 Commentsl : BBOX OPERABLE , $ 5000 SECURITY GUARANTEE Comments2 : FOR TEMP PR 014 - FIN FINAL INSPECTION 20120560 1491 CRIMSON LN 1401 03 / 11 / 2013 PR 015 - PLF PLUMBING - FINAL 03 / 11 / 2013 PWK 016 - EFL ENGINEERING - FINAL INSPE 03 / 11 / 2013 Commentsl : BBOX KEYABLE $ 5000 SECURITY GUARANTEE FO Comments2 : R TEMP PR 010 - FIN FINAL INSPECTION 20120561 728 E VETERANS PKWY # 113 03 / 04 / 2013 PR 011 - PLF PLUMBING - FINAL 03 / 04 / 2013 PR 13 : 00 001 - PLR PLUMBING - ROUGH 20120562 1084 WESTERN LN 03 / 18 / 2013 PR 13 : 00 002 - RMC ROUGH MECHANICAL 03 / 18 / 2013 PR 014 - FIN FINAL INSPECTION 20120567 2311 TITUS DR 258 03 / 20 / 2013 DATE : 03 / 28 / 2013 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 12 : 00 : 02 CALLS FOR INSPECTION REPORT ID : PT4AOOOO . WOW INSPECTIONS SCHEDULED FROM 03 / 01 / 2013 TO 03 / 31 / 2013 INSPECTOR SCHED , COMP , TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR 015 - PLF PLUMBING - FINAL 03 / 20 / 2013 PWK 014 - EFL ENGINEERING - FINAL INSPE 20120568 2426 SAGE CT 3001 03 / 11 / 2013 Commentsl : BBOX KEYS PR 015 - FIN FINAL INSPECTION 03 / 20 / 2013 PR 016 - PLF PLUMBING - FINAL 03 / 20 / 2013 PR 014 - FIN FINAL INSPECTION 20120569 2539 EMERALD LN 125 03 / 13 / 2013 PR 015 - PLF PLUMBING - FINAL 03 / 13 / 2013 PWK 016 - EFL ENGINEERING - FINAL INSPE 03 / 11 / 2013 Commentsl : BBOX KEYS PR AM 011 - GAR GARAGE FLOOR 20120589 2339 TITUS DR 256 03 / 05 / 2013 PR AM 012 - STP STOOP 03 / 05 / 2013 PR PM 013 - SUM SUMP 03 / 08 / 2013 PR PM 014 - SUM SUMP 03 / 14 / 2013 PR AM 005 - BSM BASEMENT FLOOR 20120590 2325 TITUS DR 257 03 / 05 / 2013 PR 010 - INS INSULATION 03 / 05 / 2013 PR PM 011 - SUM SUMP 03 / 08 / 2013 PR PM 012 - SUM SUMP 03 / 14 / 2013 PR AM 013 - GAR GARAGE FLOOR 03 / 18 / 2013 PR 001 - FTG FOOTING 20120593 509 W COUNTRYSIDE PKWY 03 / 15 / 2013 PR 002 - FTG FOOTING 03 / 25 / 2013 Commentsl : RESCHEDULED PR 13 : 00 001 - FIN FINAL INSPECTION 20130001 410 DOVER CT S 65 03 / 25 / 2013 Commentsl : WINDOWS PR AM 004 - PLU PLUMBING - UNDERSLAB 20130005 102 GARDEN ST 5 03 / 15 / 2013 PR AM 005 - PLR PLUMBING - ROUGH 03 / 15 / 2013 PR 13 : 00 006 - RFR ROUGH FRAMING 03 / 21 / 2013 Commentsl : PARTIAL FOR ROOF TRUSSES DATE : 03 / 28 / 2013 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 12 : 00 : 02 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 03 / 01 / 2013 TO 03 / 31 / 2013 INSPECTOR SCHED . COMP , TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR 007 - PPW PRE - POUR , WALL STEEL 03 / 28 / 2013 PR 008 - REL ROUGH ELECTRICAL 03 / 28 / 2013 Commentsl : GABLE END PR 004 - RFR ROUGH FRAMING 20130007 2255 LAVENDER WAY 70 03 / 28 / 2013 PR 005 - REL ROUGH ELECTRICAL 03 / 28 / 2013 PR 006 - RMC ROUGH MECHANICAL 03 / 28 / 2013 PR 007 - PLR PLUMBING - ROUGH 03 / 28 / 2013 PR 004 - REL ROUGH ELECTRICAL 20130008 2338 TITUS DR 237 03 / 21 / 2013 PR 005 - RFR ROUGH FRAMING 03 / 21 / 2013 PR 006 - RMC ROUGH MECHANICAL 03 / 21 / 2013 PR 007 - PLR PLUMBING - ROUGH 03 / 21 / 2013 PR 008 - INS INSULATION 03 / 25 / 2013 PR 009 - BSM BASEMENT FLOOR 03 / 25 / 2013 PR 010 - PLU PLUMBING - UNDERSLAB 03 / 25 / 2013 PR 004 - BSM BASEMENT FLOOR 20130009 2348 TITUS DR 239 03 / 25 / 2013 PR 005 - PLU PLUMBING - UNDERSLAB 03 / 25 / 2013 PR 002 - BKF BACKFILL 20130010 2545 EMERALD LN 126 03 / 05 / 2013 PR PM 003 - ESW ENGINEERING - SEWER / WAT 03 / 08 / 2013 PR 005 - FIN FINAL INSPECTION 20130011 1123 HAMPTON LN 222 03 / 12 / 2013 PR 001 - FIN FINAL INSPECTION 20130012 129 COMMERCIAL DR 03 / 12 / 2013 PR PM 003 - FIN FINAL INSPECTION 20130016 1351 CANNONBALL TR 10 03 / 26 / 2013 PR PM 004 - ESW ENGINEERING - SEWER / WAT 20130024 2399 AUTUMN CREEK BLVD 266 03 / 08 / 2013 Commentsl : WATER PR 09 : 30 001 - PC PRE CONSTRUCTION ON SITE 20130027 1313 N BRIDGE ST 03 / 26 / 2013 PR AM 002 - BKF BACKFILL 20130028 2324 TITUS DR 234 03 / 05 / 2013 DATE : 03 / 28 / 2013 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 12 : 00 : 02 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 03 / 01 / 2013 TO 03 / 31 / 2013 INSPECTOR SCHED , COMP , TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR PM 003 - ESW ENGINEERING - SEWER / WAT 03 / 08 / 2013 PR PM 001 - FTG FOOTING 20130029 2328 TITUS DR 235 03 / 08 / 2013 PR AM 002 - BKF BACKFILL 03 / 14 / 2013 PR PM 003 - ESW ENGINEERING - SEWER / WAT 03 / 14 / 2013 PR PM 001 - FTG FOOTING 20130030 2334 TITUS DR 236 03 / 08 / 2013 PR AM 002 - BKF BACKFILL 03 / 14 / 2013 PR 003 - ESW ENGINEERING - SEWER / WAT 03 / 18 / 2013 PR PM 001 - FTG FOOTING 20130031 2364 TITUS DR 242 03 / 08 / 2013 PR AM 002 - BKF BACKFILL 03 / 14 / 2013 PR PM 003 - ESW ENGINEERING - SEWER / WAT 03 / 14 / 2013 PR PM 001 - FTG FOOTING 20130032 2305 TITUS DR 259 03 / 08 / 2013 PR 002 - BKF BACKFILL 03 / 14 / 2013 PR 003 - ESW ENGINEERING - SEWER / WAT 03 / 18 / 2013 PR 001 - FIN FINAL INSPECTION 20130036 1800 MARKETVIEW DR 03 / 07 / 2013 Commentsl : SIGN PR 001 - PLU PLUMBING - UNDERSLAB 20130037 1222 N BRIDGE ST 03 / 04 / 2013 PR 09 : 30 002 - REL ROUGH ELECTRICAL 03 / 12 / 2013 PR 003 - RFR ROUGH FRAMING 03 / 12 / 2013 PR 004 - PLR PLUMBING - ROUGH 03 / 12 / 2013 PR 002 - BKF BACKFILL 20130038 2341 PRAIRIE GRASS LN 299 03 / 05 / 2013 PR PM 003 - ESW ENGINEERING - SEWER / WAT 03 / 08 / 2013 PR 003 - BKF BACKFILL 20130040 1102 CARLY DR 28 03 / 15 / 2013 PR AM 001 - RFR ROUGH FRAMING 20130045 129 COMMERCIAL DR # 17 17 03 / 15 / 2013 PR AM 002 - REL ROUGH ELECTRICAL 03 / 15 / 2013 PR PM 001 - FTG FOOTING 20130047 2320 TITUS DR 233 03 / 21 / 2013 DATE : 03 / 28 / 2013 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 12 : 00 : 02 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 03 / 01 / 2013 TO 03 / 31 / 2013 INSPECTOR SCHED , COMP , TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR 002 - BKF BACKFILL 03 / 28 / 2013 PR 001 - FIN FINAL INSPECTION 20130053 1421 N BRIDGE ST 03 / 14 / 2013 Commentsl : REPAIR TO MINI MART , PR 11 : 00 001 - ESW ENGINEERING - SEWER / WAT 20130055 342 WESTWIND DR 7 03 / 21 / 2013 PR 002 - FTG FOOTING 03 / 22 / 2013 PR AM 001 - FTG FOOTING 20130058 2378 TITUS DR 245 03 / 21 / 2013 PR 002 - BKF BACKFILL 03 / 28 / 2013 PR 13 : 00 001 - PHF POST HOLE - FENCE 20130061 418 E SOMONAUK ST . 31 03 / 13 / 2013 PR 001 - PHD POST HOLE - DECK 20130063 303 HEUSTIS ST 03 / 08 / 2013 PR 001 - PHF POST HOLE - FENCE 20130066 1022 WHITE PLAINS LN 56 03 / 12 / 2013 PR 001 - RFR ROUGH FRAMING 20130068 1210 N BRIDGE ST 03 / 21 / 2013 PR 002 - REL ROUGH ELECTRICAL 03 / 21 / 2013 PR PM 001 - PHD POST HOLE - DECK 20130072 1182 TAUS CIRCLE 124 03 / 19 / 2013 PR 001 - REL ROUGH ELECTRICAL 20130073 1182 TAUS CIR 124 03 / 20 / 2013 PR 002 - RFR ROUGH FRAMING 03 / 20 / 2013 PR 001 - FIN FINAL INSPECTION 20130074 1218 N BRIDGE ST 03 / 25 / 2013 Commentsl : DOLLAR TREND , FIRE MARSHALL APPROVED FOR Comments2 : OCC PR 001 - PH POST HOLES / PILES 20130076 398 BERTRAM DR 1028 03 / 28 / 2013 PR 11 : 00 001 - PHF POST HOLE - FENCE 20130088 2431 EMERALD LN 113 03 / 27 / 2013 DATE : 03 / 28 / 2013 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 12 : 00 : 02 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 03 / 01 / 2013 TO 03 / 31 / 2013 INSPECTOR SCHED . COMP , TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PERMIT TYPE SUMMARY : ADD ADDITION 6 BIP BUILD INCENTIVE PROGRAM SFD 36 BSM BASEMENT REMODEL 2 COM COMMERCIAL BUILDING 2 CRM COMMERCIAL REMODEL 12 DCK DECK 4 ESN ELECTRIC SIGN 2 FNC FENCE 5 MIS MISCELLANEOUS 1 REP REPAIR 2 SFD SINGLE - FAMILY DETACHED 35 WIN WINDOW REPLACEMENT 1 INSPECTION SUMMARY : BKF BACKFILL 10 BSM BASEMENT FLOOR 3 EFL ENGINEERING - FINAL INSPECTION 4 ESW ENGINEERING - SEWER / WATER 9 FIN FINAL INSPECTION 15 FTG FOOTING 9 GAR GARAGE FLOOR 3 INS INSULATION 3 PC PRE CONSTRUCTION ON SITE 1 PH POST HOLES / PILES 1 PHD POST HOLE - DECK 2 PHF POST HOLE - FENCE 3 PLF PLUMBING - FINAL 7 PLR PLUMBING - ROUGH 6 PLU PLUMBING - UNDERSLAB 4 PPW PRE - POUR , WALL STEEL 1 REL ROUGH ELECTRICAL 9 RFR ROUGH FRAMING 8 RMC ROUGH MECHANICAL 5 STP STOOP 1 SUM SUMP 4 INSPECTOR SUMMARY : PR PETER RATOS 104 PWK PUBLIC WORKS 4 STATUS SUMMARY : A PR 2 C PR 13 C PWK 1 I PR 81 T PR 8 T PWK 3 REPORT SUMMARY : 108 A. Co. Reviewed By: Agenda Item Number 440 Legal ■ NB #3 Finance ❑ EST. 1836 Engineer ❑ ~�= City Administrator ■ Tracking Number 1' Human Resources ❑ '$ �v Community Development EDC 2013-13 Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Kendall Marketplace/Rob Roy Falls/City land swap proposal Meeting and Date: Economic Development—April 2, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: None Action Taken: N/A Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: c1r Memorandum a •% To: City Council EST. � _ 1836 From: Bart Olson, City Administrator CC: Date: March 28, 2013 .p �p Subject: Kendall Marketplace/Rob Roy Falls/City land swap ALE Summary Discussion of a proposed land swap between the City, Kendall Marketplace owner, and Rob Roy Falls developer. Background The background of this item is included in the memo from Director Barksdale-Noble. The current owner of the Rob Roy Falls development has approached the City to reopen this discussion. While he has no imminent plans to develop his site, he is interested in moving forward with the land swap if the City is interested. For reasons listed below, staff still feels this is a good long-term move for the City. The Kendall Marketplace property is still in the foreclosure process, and we think that process will be finalized in the next 60 days. We have talked to the current property manager for Kendall Marketplace, and they have expressed tentative and preliminary agreement that the land-swap is acceptable to them. However, they will not be allowed to formally contemplate or approve a land-swap until after the foreclosure process is finalized. The first step in the process of contemplating the land-swap for all parties is to have surveys prepared of all three sites. The cost of ALTA surveys for all three sites can be done for around $9,000 by EEI. All parties have verbally agreed to split the cost of the surveys if we decide to move forward. Before we authorize EEI to proceed, we would like the City Council to review the proposed land swap and approve staff to move forward. As described in Director Barksdale-Noble's memo, the City had originally planned for the Kendall Marketplace site (parcel#1) to be a police station, but litigation and subsequent settlement has restricted that site for its originally intended use. Fortunately for the City, the location of the Beecher Road extension has created a Kendall Marketplace parcel that is cut off from the rest of the development and is odd-shaped (parcel #2). Parcel#2 is much smaller than parcel #1, and its development challenges for Kendall Marketplace are much greater. Parcel#2 would make sense for the Rob Roy Falls developer to own, as it is contiguous to his current property, and would give him an entire corner for a future access road off of Beecher Center. The third, yet-to-be determined parcel for the City would be set further back from Route 34 than Parcel#2, and would allow the City to site a police station at some point in the future. This third parcel would also be surrounded by property that is currently vacant. Recommendation Staff recommends a positive committee recommendation to City Council on proceeding with preparing ALTA surveys for the three parcels, committing to 1/3 of the cost of said surveys, and moving forward with other documents for all parties to sign off on the land swap in the future when appropriate. It should be noted that a positive recommendation to move forward does not commit the City to approving the land-swap in the future. �`,��D Cpl O Memorandum EST. ! 1836 To: Economic Development Committee I � From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator "�daC—ly .Z Kathleen Field-Orr, City Attorney <LE ��.x' Date: March 27, 2013 Subject: Kendall Marketplace/Sexton Development Land Swap Entitlements Summary Staff was asked to provide a zoning entitlement analysis regarding a parcel of land within a development which was part of a proposed land swap in 2007 between the City of Yorkville and the developers/owners of the Kendall Marketplace Subdivision (Harlem Irving Companies) and Rob Roy Falls (Sexton Companies) development. Background According to a memo dated June 12, 2007 prepared by the former Community Development Director, the City was deeded an approximately 8-acre parcel of land from Harlem Irving Companies as part of the Kendall Marketplace Subdivision approved in 2006 (refer to #1 on the attached map). It was the City's intent to construct a new police station on the deeded land. However, as part of the settlement agreement resolving the Kendall Marketplace lawsuit, the City agreed to not construct a police station on this property. Since that time, Harlem Irving Companies lost the Kendall Marketplace development in foreclosure, and ownership has reverted back to Bank of America. Currently, the portion of Kendall Marketplace west of Beecher Road is depicted as "open space" on the approved PUD Plan and Final Plat (refer to #2 on the attached map). The Rob Roy Falls concept plan proposed to provide an ingress/egress point at Beecher Road across this parcel and, and for this reason, Sexton Companies would like to acquire this parcel to include within the Rob Roy Falls development plan. Bank of America has expressed a desire to continue the move toward exchanging the City's parcel (#I) for the Open Space parcel (#2), as was previously considered by Harlem Irving. If this exchange is to occur, the Sexton Companies have proposed exchanging the 8-acre parcel within the Rob Roy Falls PUD for the Open Space (#2) parcel allowing enough land for a new future public use in the rear of the Rob Roy Falls development(#3). Staff Analysis/Comments If the City is to pursue and execute the proposed three (3) parcel land swap with Bank of America and Sexton Companies, the 8-acre parcel within the Kendall Marketplace (#1) can be used for any permitted use as provided in the Kendall Marketplace PUD Agreement and its underlying zoning of B-3 Service Business District, R-2 One-Family Residence District and R-3 General Residence District approved via Ordinance 2006-95 (see attached). While the approved PUD Plan and Final Plat for Kendall Marketplace does identify this parcel for a Civic Use, the City's current PUD Ordinance contemplates minor and major amendments to the PUD Plan and Final Plat. According to Section 10-13-9-A (see attached) of the PUD Ordinance, minor amendments to the PUD can be approved administratively as long as the overall intent of the PUD is not altered by the proposed change. The two (2) areas to which staff reviewed in consideration of City's parcel being used as commercial rather than as a civic use as part of the land swap, were conditions #1 and #3 in Section 10-13-9-A related to the potential increase in overall density and increase in area for any land use. It is staffs opinion that a proposed commercial use for this parcel can be approved administratively as a minor revision to the Final PUD Plat as long as the overall density for the Kendall Marketplace does not increase greater than 5% and the total acreage dedicated for commercial land use does not increase greater than 5%. With the current overall density of the Kendall Market being approximately 3.4 lots per acre', the change in density should not be increased to greater than 3.57 lots per acre to still be considered a minor revision. In addition, the increase in commercial land use can also be achieved as a minor revision to the Final PUD Plat as long as the current approximately 105- acres of commercial area do not exceed 110.25-acres. Approval of a minor modification to an approved final PUD Plat will require submittal of supporting data with an application for minor change to the clerk's office and the revised plat for recordation. All approved minor changes are legal and binding on the property. Staff will be available at Tuesday night's meeting to answer any questions the EDC may have regarding this matter. 'Derived from the dividing the overall area of the development by the total number of lots illustrated on the Final Plat(194.47 acres/57 lots=3.41). 2 Calculated as 3.4 *.05=0.17(equals the maximum 5%increase);therefore the maximum overall density cannot exceed 3.4+0.17=3.57 lots per acre. Police Station Land Dedication — Exchan a Sequence � ` Yom. I may, �o ❑ n R J -�.!-�� - !/ 4. QA❑ O.4 0 O ❑ • 31�� I- 4'��IFJ r�L,L + �.... ... II I � R a b �� a1 ce r y:^4j e Proposed e II U f�l II -� �_xonrs Araposed Commer�i iRetait '1 =-,,-`_�.____-- --Tr Rush Copley Kendall County Medical Center Cou LlEau - - 1� +/-8 acre Police Station Dedication City to exchange with Harlem Irving for#2 2� +/-4 acre parcel City to exchange with Sexton for#3 30 +/-8 acre parcel Police Station Dedication Sterling Codifiers, Inc. Page I of 21 Chapter 13 PLANNED UNIT DEVELOPMENT 10-13-1 : PURPOSE AND INTENT: A. Planned unit developments are unique and differ substantially from conventional subdivisions and therefore require administrative processing as "special uses" under this title. Planned unit developments are a complex type of special use, potentially consisting of various land uses and design elements, requiring the establishment of more specific procedures, standards and exceptions from the strict application of the zoning district regulations to guide the recommendations of the plan commission and the action of the city council. The purpose of this chapter, therefore, is to provide for an alternative zoning procedure under which land can be developed or redeveloped with innovation, increased amenities and creative environmental and architectural design than would be possible to achieve under the otherwise standard zoning district regulations while being in general compliance with the planning objectives and intent of the zoning ordinance. Under this procedure, well planned residential, industrial/manufacturing, commercial and other types of land uses, individually or in combination, may be developed with design flexibility allowing for full utilization of the topographical and environmental characteristics of the site. B. Planned unit developments must have an approved development plan which provides for a unified design, contiguity between various elements and be environmentally compatible with the surrounding area. There should be an increased benefit upon the health, safety and general welfare of the public and particularly, in the immediate surroundings, than developments built in conformity with the underlying district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD, then the amount of open space, retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. C. The planned unit development is not intended to be a mechanism solely used for the allowance of increased densities or as a means of circumventing the bulk regulations or zoning standards under this title, rather a planned unit development shall generally provide attributes in excess of conventional city zoning, building and other land use requirements such as, but not limited to, the following: 1. Providing a maximum choice of the overall living environment through a variety of type, design and layout of residential structures, commercial and industrial buildings, office and research uses and public facilities; http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 2 of 21 2. Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; 3. Promoting a more useful pattern of dedicated open space and recreation areas incorporated as part of the development plan and that is compatible with the immediate vicinity; 4. Provide public access and pedestrian connectivity via bicycle/recreational paths, sidewalks and/or alternative modes of transportation; 5. Providing and/or preserving substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping (in terms of size of landscape areas and quantity and quality of landscape materials) within the developed portions of the site; 6. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of building materials, signage and way finding standards as well as design elements. Generic corporate architecture and big box designs are strongly discouraged but not prohibited. Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; 7. Retain, utilize and incorporate historic features on the project site into the overall project design, if physically and economically feasible; 8. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large scale commercial developments; 9. Encourage high quality planned industrial park environments and well designed business centers for single- or multiple-tenant facilities; and/or 10. Provide/enhance regional public infrastructure such as roadways, water/sanitary service, stormwater management objectives. (Ord. 2012-19, 6-26-2012) 10-13-2: AUTHORITY: A. The plan commission shall review and recommend approval, approval with modification or denial of applications for planned unit developments. The city council shall have final decision to approve, approve with modification, or deny applications for planned unit developments. B. The procedures set forth in this chapter shall apply to all planned unit developments. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 3 of 21 C. Planned unit developments may be allowed in each of the zoning districts in the United City Of Yorkville only as a special use as prescribed in this title and approved pursuant to the procedures set forth in section 10-14-6 of this title. (Ord. 2012-19, 6-26-2012) 10-13-3: DEFINITION AND SIZE LIMITATIONS: A. A planned unit development is a tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two (2) acres in area, and planned unit developments in manufacturing districts which shall be at least ten (10) acres in area. B. All land area within a planned unit development must be contiguous; provided that properties separated by highways, streets, public ways, railroads or other public utility rights of way may be deemed contiguous for the purpose of qualifying as a planned unit development. Pursuant to the procedures set herein, the establishment of a planned unit development shall be applicable to the addition of property to an existing planned unit development. (Ord. 2012-19, 6-26-2012) 10-13-4: PROCEDURES FOR ESTABLISHMENT: A. Planned unit development applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents. Detailed plans, drawings and other information as specified in this title shall be required at the time of the various phases, meetings and hearings as detailed herein. Each stage shall be reviewed and certified by the zoning administrator as being in accordance with the planned unit development requirements before proceeding to the next stages. The approval process shall include the following stages: 1. Preapplication conference - Introductory meeting held with city staff as set forth in section 10-13-5 of this chapter. 2. Concept PUD plan review - An informal review of overall concept conducted by the city council to provide constructive feedback to petitioner of plan as set forth in section 10- 13-6 of this chapter. 3. Preliminary PUD plat - First, a technical review of detailed plans by various city departments at a plan council meeting is held; a public hearing is then conducted by the plan commission; and final determination is made by the city council, as set forth in section 10-13-7 of this chapter. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 4 of 21 4. Final PUD plat - A public hearing is then conducted by the plan commission with final determination made by the city council, as set forth in section 10-13-8 of this chapter. B. The final two (2) stages of the PUD process, preliminary PUD plat and final PUD plat, may be submitted and reviewed concurrently, as determined by the plan council, based upon the following criteria: 1. The PUD plan forwards the goals of the city's planning objectives and official plans, including, but not limited to, the integrated transportation plan, downtown vision plan, stormwater management plan and various watershed development plans. 2. The PUD plan requires limited variances from the use or bulk regulations of the conventional/underlying zoning district in which it is to be located. 3. The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of city ordinances, which include, but are not limited to, the subdivision control ordinance, landscape ordinance, sign ordinance, design guidelines and water conservation ordinance. (Ord. 2012-19, 6-26-2012) 10-13-5: PREAPPLICATION CONFERENCE: A. Purpose: The purpose of the preapplication conference is to provide information, guidance and assistance to the applicant before preparation of the concept plan so that the applicant may receive informal input on: 1. Whether the proposed planned unit development will be in conformity with the planning and other development goals and the policies of the United City Of Yorkville. 2. Whether the existing zoning and land use in the general area of the planned unit development is appropriate for a planned unit development. B. Procedure: Prior to filing an application for approval of a planned unit development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal preapplication meeting with city staff and its consultants. 1. The preapplication conference is mandatory and shall be held with staff, but is at no charge to the petitioner. At such conference, the applicant shall provide information relating to the following: a. The location of the proposed planned unit development; b. The land use types and approximate area of proposed land uses; http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 5 of 21 c. A list of any and all exceptions to the zoning ordinance and subdivision regulations requested; and d. Other information pertinent to the proposed planned unit development. 2. The preapplication conference shall be an informal communication and discussion of the proposed planned unit development, and no commitments shall be given, nor shall statements or opinions of the city staff and its consultants be deemed binding. 3. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents, exhibits, and drawings on the proposal that should be included in the application to the city for a planned unit development. (Ord. 2012-19, 6-26-2012) 10-13-6: CONCEPT PUD PLAN REVIEW: A. Purpose: The presentation of a concept PUD plan is optional. The purpose of the concept PUD plan is to enable the applicant to obtain the informal feedback from the city staff and city council regarding the overall project concept, density and dwelling unit or land use type prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than forty five (45) days before the next available city council meeting, the applicant shall submit to the city for review the conceptual planned unit development plan. The submittal shall consist of twenty (20) paper copies folded to fit in a ten inch by thirteen inch (10" x 13") envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two (2) originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fee. 3. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall be one inch equals one hundred (1" = 100) scale, but no less than one inch equals four hundred (1" = 400) and shall include the following: a. Title or name of the proposed planned unit development. b. Outline of property boundaries. c. Adjacent area within one-fourth (1/4) mile of property. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 6 of 21 4. A zoning plat including a legal description of the property with total property acreage notated to be included in the planned unit development. 5. A written explanation of the general character of the proposed planned unit development that shall include the following: a. A description of all proposed land uses (including open space) with percentages of each use; b. Projected densities and housing type for each residential use; c. A description of the development standards and design criteria applicable to the proposed planned unit development; d. An outline describing why the property should be developed as a planned unit development; e. Identification of the conventional zoning classification allowing the uses for each land use type included and compatibility to the future land use designation for the property in the city's official comprehensive plan; f. Identification of existing uses and zoning of adjacent properties to the planned unit development; g. A list of requested exceptions to applicable city ordinances and codes. 6. A written description of general site information that should include, but shall not be limited to, the following, if known or available: a. Existing site conditions. b. Environmental characteristics. c. Availability of community facilities and utilities. d. Existing covenants. 7. A conceptual planned unit development sketch or land plan. The sketch or land plan shall provide sufficient detail to demonstrate the physical relationship between the existing land condition, surrounding land uses and the proposed planned unit development, and shall include the following: a. North arrow (true meridian), scale and date of preparation. b. Name and address of the site planner, or engineer who prepared the plan. c. Name of property owner. d. Name of petitioner/developer. e. Proposed name of the planned unit development. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 7 of 21 f. Location map showing the location of the planned unit development within or proximity to the corporate boundaries. g. Boundary and/or property lines of proposed development and dimensions of the lots into which the property is proposed to be subdivided. h. Proposed land uses, and total acreage and percent of the site devoted to each land use including minimum and average lot sizes and proposed dedication of land for school and park sites, if applicable. C. City Council Review: The city council shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the transportation plan, zoning ordinance, subdivision ordinance and land use planning goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space, streets, parking areas, lots and buildings. 4. Other information the city council would recommend be prepared for the preliminary planned unit development plan phase. (Ord. 2012-19, 6-26-2012) 10-13-7: PRELIMINARY PUD PLAT: A. Purpose: The purpose of the preliminary PUD plat submission is to obtain approval from the city that the plans the applicant intends to prepare and follow are acceptable as a preliminary PUD plat, and that any final plans will be approved provided they substantially conform to the preliminary planned unit development plat. Approval of the preliminary planned unit development plat shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B. Procedure: Not less than forty five (45) days before the plan commission meeting, the applicant shall file an application with the clerk's office for preliminary planned unit development plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a ten inch by thirteen inch (10" x 13") envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two (2) originals and the remainder photocopies. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 8 of 21 2. The application shall be accompanied by the appropriate filing fees. 3. Disclosure of beneficiaries form and statement of present and proposed ownership of all land within the development. 4. An aerial photograph exhibit of the property taken within the last two (2) years of the adjacent area within one-fourth (1/4) mile of property. The aerial photograph exhibit shall be one inch equals one hundred (1" = 100) scale, but no less than one inch equals four hundred (1" = 400). 5. Written explanation of the character of the planned unit development and the reasons why it has been planned to vary from the conventional zoning ordinance regulations. This explanation shall detail how the proposed planned unit development meets the objectives of all official plans which affect the subject property. 6. Preliminary planned unit development plat. The plat shall be a detailed plan which includes at a minimum, the following information: a. Title notation stating "preliminary plat" or "preliminary plan". b. North arrow, scale (not less than 1 inch equals 100 feet) and date of preparation. c. Name and address of the site planner, engineer or surveyor who prepared the plan. d. Name of property owner. e. Name of petitioner/developer. f. Proposed name of the planned unit development or subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. g. Location map showing the general area of the planned unit development within or proximity to the corporate boundaries. h. Legal description prepared by a registered land surveyor. i. Boundary lines - bearings and distances. j. Site data, including, as applicable: (1) Current zoning classification. (2) Total area of property in square feet and acreage, and percentage of each proposed land use. (3) Square footage and percent of site coverage with buildings. (4) Square footage and percent of site coverage with impervious surfaces. (5) Square footage and percent of site coverage dedicated to common open space such as stormwater management systems, landscaping and buffers, parks, trail corridors and recreational areas. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 9 of 21 (6) Total number of off street parking and loading spaces provided and method used to calculate the number of required spaces for each land use. (7) Total number of buildings. (8) Total number of residential dwelling units by type, and the number of bedrooms in each dwelling unit type. (9) Gross floor area for all nonresidential buildings/uses. (10) Gross and net densities for the overall planned unit development and for each land use. (A) Residential Density: Provide information on the density of residential uses, including dwelling units per acre, dwelling units per net acre; gross and net residential density (dwelling units per acre of land devoted to residential sectors of the PUD; gross being all land, net being gross acres minus land used for public or common usage). Information should also be provided for each unit in the planned unit development, if applicable. (B) Nonresidential Intensity: Provide information on the type and amount of nonresidential uses including building locations, sizes, floor area ratio, building height, the amount and location of common open space. (11) Minimum, maximum and average lot sizes. (12) Percent of lot coverage for all uses except detached single-family and duplex. k. Depiction of lots: (1) Residential lots shall depict approximate lot dimensions; building footprints for all multi-family and single-family attached structures; and dimensioned required yard setbacks. (2) Nonresidential lots shall depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of nonresidential buildings shall also be provided. I. Existing zoning and land use of adjacent property within five hundred feet (500') of all sides of the site. m. Other conditions of adjoining land - owners of unplatted land; subdivision plat name, recording date and number of adjoining platted land; actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines and towers. n. Municipal limits. o. School district boundaries. p. Existing easements - location, width and purpose. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 10 of 21 q. Location of existing streets in, and adjacent to, the property including: street name, right of way width, existing and proposed centerlines, pavement type, walks, trails, curbs, gutters, culverts, etc. r. Proposed public improvements such as highways and other major improvements planned by public authorities for future construction on or near the property. s. Existing utilities on, and adjacent to, the property including: location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines (above and below ground) and streetlights; direction and distance to, and size of nearest water mains and sewers adjacent to the property showing invert elevations. t. Ground elevations on the property and on the first fifty feet (50') of all adjacent parcels showing a minimum of one foot (1') contours for land which slopes less than one-half percent (1/2%) along with all breaks in grades, and all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; for land that slopes more than one-half percent (1/2%) showing a minimum of two foot (2') contours. Any land within the 100-year floodplain, as determined by the city engineer or an outside consultant, shall also be shown. u. Subsurface conditions on the property shall be shown, if deemed required by the city engineer or an outside consultant. This includes the location and results of tests made to subsurface soil, rock and groundwater conditions, depth to groundwater, unless test pits are dry at a depth of fifteen feet (15'); location and results of a soil percolation test if individual sewage disposal systems are proposed. v. Watercourses, marshes, rock outcrop, wooded areas, existing vegetation, isolated trees four inches (4") or more in diameter at breast height, existing structures and other significant features. w. Location of all proposed off street parking and loading areas, including dimensions of parking spaces, drive aisles and loading zones. x. Configuration of all land proposed as open space including stormwater management areas, parks, buffers, and trail corridors. y. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, and similar public and quasi-public uses. z. Pedestrian and/or bicycle circulation systems. aa. Limits of jurisdictional and nonjurisdictional wetlands. bb. Any other data reasonably necessary to provide an accurate overview of the proposed development. 7. Preliminary landscape plan indicating the name, variety, size, location and quantities of plant material for all common and dedicated areas including parkways, buffer areas, http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 11 of 21 stormwater basins, wetlands, entry areas, medians, and parking lot islands. The landscape plan shall also depict permanent signs and street fixtures, and a detail plan of landscaping for a typical building area. 8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall illustrate an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and stormwater retention/detention areas, as well as all utility easements, and be accompanied with: a. A feasibility report or statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. b. Preliminary stormwater report. c. Preliminary mass grading plan. d. Traffic analysis or study, prepared by a transportation engineer or planner, which analyzes the impact caused by the planned unit development on the street and highway systems. 9. Preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a. Typical elevations (front, rear and side) for proposed residential and nonresidential buildings, which identify materials and color styling proposed for all elements of the building. b. Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 10. Development plan schedule indicating: a. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. b. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. c. Dates for beginning and completion of each stage. 11. The plan commission or city council may require preparation and submittal, at the petitioner's expense the following for review and evaluation: a. Fiscal impact study, detailing the estimated cost which the planned unit development will have on all taxing bodies, and anticipated revenues to such taxing bodies which will be realized from each phase of development. Information shall include detailed estimates on: http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 12 of 21 (1) Expected population of the development; (2) Impact on service and/or operating costs to be incurred by each taxing body as a result of the development; (3) Any major capital investments required, in part or in whole, by each taxing body due to the development. b. Proposed covenants, conditions and restrictions and/or homeowner association bylaws. c. Environmental analysis or study, prepared by an environmental specialist, which analyzes the major impacts the planned unit development may have on the environment including, but not limited to, the effects on discrete ecosystems, deteriorated air quality in the immediate vicinity and along arterial and collector roadways leading to the planned unit development from a specified distance determined by the city engineer or consultant; any deterioration in the groundwater or surface water quality; effect on sensitive land areas such as floodplains, wetlands, forests, aquifer recharge areas, historic buildings or structures, prairie landscapes, and mineral resource reserves. d. Market study indicating the extent of market demand for the uses proposed in the planned unit development including an analysis of demographics, sales potentials, competitive alignment, an assessment of the market share or opportunity gaps, and marketing positioning of each component of the planned unit development. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the staff plan council. The plan council shall review the preliminary planned unit development plat and supporting documentation and make a recommendation to the plan commission as to the proposal's compatibility with the city's planning objectives, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for developing the city. D. Plan Commission Review: The plan commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the preliminary planned unit development plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Park Board Representative: When applicable for the park board's review of the preliminary planned unit development plat and supporting documentation, the park board shall have a representative present at the plan commission public hearing meeting for input and recommendation to the city council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 13 of 21 1. Park Board Representative's Purview (If Applicable): The park board representative shall consider the following standards when considering the preliminary planned unit development plat and supporting documentation: a. Compatibility of the proposal with the recreation master plan and park development standards, b. Layout and organization of the open space system, and c. Compliance with the city's land-cash ordinance for parks. F. City Council Review: Subsequent to receiving the plan commission and park board representative recommendations, the city council shall conduct a public meeting and shall approve or deny the application for the preliminary planned unit development plat. (Ord. 2012-19, 6-26-2012) 10-13-8: FINAL PUD PLAT: A. Purpose: A final plat for the planned unit development, suitable for recording with the Kendall County recorder of deeds, shall be prepared by the petitioner for consideration and approval by the city. The purpose of the final PUD plat submission is to designate and depict with particularity the land subdivided into lots, whether conventional or otherwise, common open space and building areas. The final plat shall also designate and limit the specific internal uses of buildings, structures, and uses of land, as well as provide any additional information or details required by the city council when approving the final PUD plat. B. Procedure: Not less than forty five (45) days before the plan commission meeting, the applicant shall file an application with the clerk's office for final planned unit development plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a ten inch by thirteen inch (10" x 13") envelope and two (2) electronic copies of the following documentation: 1. Application Form: A completed notarized application form, two (2) originals and the remainder photocopies. 2. Fees: The application shall be accompanied by the appropriate filing fees. 3. Final Planned Unit Development Plat: The plat shall be a detailed plan which includes, at a minimum, the following information: a. An accurate legal description of the entire area under the immediate development within the planned unit development. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 14 of 21 b. A subdivision plat of all subdivided lands in the same form and meeting all the requirements of the Yorkville subdivision control ordinance and this code. c. An accurate legal description of each separate unsubdivided use area, including common open space. d. Designation of exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put, including construction details. e. Illustrate centerline elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall also be furnished for each building. f. Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, stormwater detention facilities and other site improvements. g. Certificates, seals, and signatures required for the dedication of land and recording of the document. h. Tabulations on each separate unsubdivided use area, including land area, number of buildings, and number of dwelling units per acre. L A final construction schedule indicating: (1) Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. (2) Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. (3) Dates for beginning and completion of each stage. 4. Common Open Space Documents: All common open space, at the discretion of the city council, shall be: a. Conveyed to a city or public corporation, or conveyed to a not for profit corporation or entity established for the purpose of benefiting the owners and residents of the planned unit development or adjoining property owners of any one or more of them. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space; or b. Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the planned unit development or adjoining property owners and/or both. c. Such documents shall also provide that the city shall have the right, but not the obligation, to perform necessary maintenance of the common open space, and shall have the authority to place a lien against the individually owned property in the planned unit development for the costs thereof. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 15 of 21 5. Public And Quasi-Public Facilities; Guarantee Of Performance: All public and quasi- public facilities and improvements made necessary as a result of the planned unit development, including, but not limited to, parks, schools, recreational areas, etc., shall guarantee the completion of such, as set forth in the Yorkville subdivision control ordinance, except where varied by the approved final plat. 6. Covenants, Conditions, Restrictions And Bylaws: Final covenants, conditions and restrictions and/or homeowner association bylaws. 7. Delinquent Taxes: A certificate shall be furnished from the county tax collector that no delinquent taxes exist and that all special assessments constituting a lien on the whole, or any part, of the property of the planned unit development have been paid. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the final planned unit development plat and supporting documentation and make a recommendation to the plan commission as to the proposal's compatibility with the city's planning objectives, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for developing the city. D. Plan Commission Review: The plan commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the final planned unit development plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Park Board Representative: When applicable for the park board's review of the final planned unit development plat and supporting documentation, the park board shall have a representative present at the plan commission public hearing meeting for input and recommendation to the city council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1. Park Board Representative's Purview (If Applicable): The park board representative shall consider the following standards when considering the final planned unit development plat and supporting documentation: a. Compatibility of the proposal with the recreation master plan and park development standards. b. Layout and organization of the open space system. c. Compliance with the city's land-cash ordinance for parks. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 16 of 21 F. City Council Review: Subsequent to receiving the plan commission and park board recommendations, the city council shall conduct a public meeting and shall approve or deny the application for the final planned unit development plat. (Ord. 2012-19, 6-26- 2012) 10-13-9: AMENDMENTS OR MINOR REVISIONS TO PUD PLAT: After the approval of the final planned unit development plat, the use of land, construction, location of buildings and structures in the planned unit development shall be developed in accordance with such approved plans, rather than by any other provisions of the zoning ordinance. Any changes, modifications or alterations to the approved final planned unit development plat shall be considered either a minor or a major modification. No changes may be made to the approved final planned unit development plat unless approved by the city. The nature of the requested change, either minor or major, to the planned unit development will be determined by the city administrator, or designee, as follows: A. Minor Changes: Minor changes to the final PUD plat are modifications or revisions that do not alter the overall intent of the PUD. Minor changes may be approved by the city administrator, or designee if the proposed modification does not result in any of the following: 1. An increase or decrease in overall density greater than five percent (5%). 2. An increase or decrease in the mixture of residential dwelling unit types greater than five percent (5%). 3. An increase or decrease in area for any land use or land use mixture greater than five percent (5%). 4. An increase or decrease in total number of parking spaces greater than five percent (5%). 5. Any reduction in area of common open space, landscaping or buffering, particularly when reduced below the minimum standard prescribed in section 10-13-11, "Development Standards And Design Criteria", of this chapter. 6. Any significant changes in building layout, orientation or height of buildings. 7. A change in the functional classification of a roadway. Minor changes not approved by the city administrator may be appealed by the applicant or property owner to the city council without review and recommendation by the plan commission or park board representative (when applicable), unless the city http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 17 of 21 council refers the request for a minor change to the plan commission or park board representative (when applicable) for review and recommendation. B. Major Changes: Major changes to the final PUD plat are modifications which alter the concept or intent of the approved PUD exceeding the criteria set forth constituting a minor change. Major changes to the final PUD plat shall be subject to review and recommendation by the plan commission and park board representative (when applicable) with final approval or denial determined by the city council. C. Application For PUD Modification Or Changes: For any modifications or changes resulting in an amendment to an approved final PUD plat, the applicant shall submit a revised plat and supporting data with an application for a major or minor change to the clerk's office in accordance with the following: 1. The title of the plat shall indicate the nature of the change. 2. If a major change, the revised plat and supporting data with an application shall be submitted to the clerk's office not less than forty five (45) days before the plan commission meeting. D. Notice For Major Changes To PUD Plat: The notice for a major change to an approved final PUD plat shall conform to the requirements of section 10-14-7, "Amendments", of this title. E. Changes Recorded And Binding: All approved major or minor changes to an approved final PUD plat shall be recorded with the county and shall be binding on the applicants, their successors, grantees and assigns and shall govern the development of the PUD, as set forth therein. (Ord. 2012-19, 6-26-2012) 10-13-10: CONDITIONS FOR APPROVAL: The plan commission may recommend approval of a special use for planned unit development or amendments to the preliminary or final planned unit development plat for the proposed development or amendment upon considering the following: A. In what respect does the design of the planned unit development meet the requirements and design standards of the development standards and design criteria. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 18 of 21 B. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in the zoning ordinance and how the modifications in design standards from the subdivision control regulations fulfill the intent of those regulations. C. The extent of public benefit produced by the planned unit development, such as, but not limited to, the adequacy of common open space and/or public recreational facilities provided; sufficient control over vehicular traffic; provision of public services; provision and protection of the reasonable enjoyment of the land. D. The relationship and compatibility, beneficial or adverse, of the planned unit development to the adjacent properties and nearby land uses. E. The extent to which the planned unit development fulfills the objectives of the future planning objectives or other planning policies of the city. F. The plan commission finds that the planned unit development satisfactorily meets the standards for special use as defined in section 10-14-6 of this title. (Ord. 2012-19, 6-26- 2012) 10-13-11 : DEVELOPMENT STANDARDS AND DESIGN CRITERIA: A. Purpose: The purpose of this section is to establish and provide a comprehensive set of standards and guidelines in which planned unit developments are designed. While specific recommendations for development and design are provided, flexibility is also encouraged through guidelines which enable individual developments to be distinct from one another while maintaining the inherent character of the city. B. Applicability: These standards and established criteria shall apply to all newly constructed buildings and sites within a planned unit development. Each proposed development will be evaluated on its compliance with the established regulations/guidelines contained herein. http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 19 of 21 C. Density: The density, minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the special use request. D. Use Regulations: Planned unit developments may be comprised of a single type of land use or a mixture of land uses when applicable and when different intensity of land uses are appropriately buffered or separated. 1. Uses proposed shall be consistent with those listed as allowable uses in the respective zoning districts. 2. Uses listed as special uses in the zoning district in which the development is located may be allowed. E. Access To Dwelling: The plan commission may recommend and the city council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet (200') from the dwelling served. F. Yard Variations: The plan commission also may recommend and the city council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including, provided: 1. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. 2. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys. 3. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned unit development is included and the plan is developed to afford adequate protection to neighboring properties, i.e., fire protection and sufficient area needed for utility easements, as recommended by the plan commission and approved by the city council. G. Design Criteria: All standards of the "United City Of Yorkville Design Guidelines" (ordinance 2009-28), as amended, and title 11, chapter 41 "Design Standards", of this code shall apply to all planned unit developments. (Ord. 2012-19, 6- 26-2012) http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 20 of 21 10-13-12: FEES: The approved charges and expenses for development fees, application fees, review fees and deposits for matters pertaining to this chapter shall be established by the city council. These fees shall be approved by ordinance with a copy filed in the clerk's office and may be altered or amended from time to time, but only by city council approval. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 2012-19, 6-26-2012) 10-13-13: EFFECTIVE PERIOD OF PLANNED UNIT DEVELOPMENT: A. The planned unit development shall be constructed in a timely manner. The planned unit development shall be subject to revocation under the following conditions: 1. Final plat approval does not occur within twelve (12) months from the date of approval of the preliminary plat of a planned unit development. 2. Construction does not commence and proceed within three (3) years from the date of approval of the final plat of a planned unit development. 3. The city council may extend the time limits for final plat approval for no more than two (2) 12-month periods. Commencement for construction may also be extended by the city council in one year increments. B. The city council may initiate or the owner of the parcel of land on which the planned unit development is to be constructed may apply for the revocation of the planned unit development. The owner shall be notified, in writing, at least thirty (30) days prior to the city council's consideration of the revocation if initiated by the city council. C. The city council shall consider, but not be limited to, the following standards in the review of the status of the project construction to determine whether there is reasonable cause for delay: 1. The original program of development with regard to market demand for the components included in the final plan; 2. Conditions in the real estate finance market; 3. General economic conditions in the local area, state or region; 4. The ability and purposefulness of development operations for the planned unit development; and http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 Sterling Codifiers, Inc. Page 21 of 21 5. Laws, ordinances or other regulations that may have affected timely development of the project. D. Upon consideration of the findings by the city council regarding the standards in subsection C of this section, the city council shall decide whether: 1. To revoke those portions of the planned unit development for which construction has not begun; 2. To extend the time allotted for construction to commence based upon a revised schedule of construction; or 3. To require special changes in the planned unit development as a condition of a time extension, whereby such changes shall be deemed a "major change" to the planned unit development. E. Upon revocation of a planned unit development, the parcel of land shall conform to the permitted uses and other regulations of the underlying zoning district of which it is a special use unless an amendment or other special use is initiated by the city council or is applied for by the owner of the parcel of land on which the planned unit development was to be constructed and granted by the city council. (Ord. 2012-19, 6-26-2012) http://www.sterlingcodifiers.com/codebook/printnow.php 10/9/2012 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- qs AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF A DEVELOPMENT AGREEMENT (Kendall Marketplace) WHEREAS, Cooper Home Furnishings are the legal owners of record of property described on Exhibit "A" attached hereto and incorporated herein (the Property), and WHEREAS, Cannonball, LLC, developer of the Property has made application by petition for the rezoning of the Property pursuant to Development of the Property, and WHEREAS, owners and developers have previously entered into an agreement for development and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended a rezoning of the property from current A- 1 Agricultural District to Planned Unit Development District consisting of B-3 Service Business District, R-1 One Family Residence District and R-3 General Residence District as shown on the Concept Plan a copy of which is attached hereto, and incorporated herein as Exhibit `B". NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1 . The City Council approves the recommendation of the Plan Commission and hereby rezones the property legally described on Exhibit "A from current A-1 Agricultural District to Planned Unit Development District consisting of B-3 Service Business District, R- 1 One Family Residence District and R-3 General Residence District as shown on the Concept Plan a copy of which is attached hereto, and incorporated herein as Exhibit "B". 2. The Property shall be developed according to the terms of the Development Agreement previously adopted. 3 : This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK �� JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this o day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this �_ day of t 1 1 . A.D. 2006. ATTEST: ��O=k=ma CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 A. Co. Reviewed By: Agenda Item Number 440 Legal ■ NB #4 Finance ❑ EST. 1836 Engineer ❑ ~�= City Administrator ■ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ EDC 2013-14 Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Second amendment to the Imperial Investments TIF Agreement Meeting and Date: Economic Development—April 2, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Jan 2013 Action Taken: Approval of first amendment Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: 1E,° cfr�. Memorandum EST �5 1836 To: City Council From: Bart Olson, City Administrator p �� '- CC: Date: March 28, 2013 E �q,� Subject: Second amendment to Imperial Investments TIF agreement Summary Consideration of a second amendment to the Imperial Investments TIF agreement, regarding the addition of Boombah Performance and west alley parking lot improvements. Background This item was last discussed by the City Council in January 2013,where the original TIF redevelopment agreement was amended by the City Council to include new projects. Since that meeting, the developer has acquired new parcels and is in the process of developing them. The TIF agreement contemplates that additional properties would be included in the agreement via City Council amendment to the agreement. Imperial Investments has acquired the Old Second downtown bank property at 102 E Van Emmon Street, and intends to remodel the building to accommodate a new business entity called Boombah Performance. This business would provide a crossfit-type athletic workout facility. The City and Imperial Investments have also approved the purchase agreement for the acquisition of the west alley parking lot, and we are in thej process of closing. The developer plans on improving the parking lot after acquisition to make it more pedestrian friendly and aesthetically pleasing. In order to receive TIF reimbursement for these projects, the City Council must amend the agreement to include the new redevelopment plans. Project budgets for each property are attached, and will be incorporated into the agreement. Normally, a project drawing is included with the City Council's approval of the TIF project. The drawing incorporated into the west alley Parking Lot is included for your review. The Boombah Performance drawings will be handed out at the meeting. In general, the Boombah Performance project is calling for total rehabilitation of the interior of the building, improvements to the exterior fagade of the building, construction of a roof-deck workout area, and improvements to the exterior grounds to accommodate a running trail. Recommendation Staff recommends approval of the second amendment to the Imperial Investments TIF agreement, which incorporates the Boombah Performance improvements and renovations, and the west alley Parking Lot improvements. SECOND AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA (Imperial Investments, LLC) THIS SECOND AMENDMENT TO THE REDEVELOPMENT AGREEMENT (the "Amendment") dated April 23, 2012, as amended January 8, 2013, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") and Imperial Investments, LLC; an Illinois limited liability company corporation (hereafter the "Developer") is dated as of April , 2013. WITNESSETH: WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the "Corporate Authorities") on June 13, 2006, the Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan (hereinafter the "Redevelopment Plan") was approved, which project and plan covered some of the oldest properties of the City which constitute a significant portion of the City's historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a "redevelopment project area" ("Yorkville Downtown Redevelopment Project Area") and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the "Act"); and, WHEREAS, pursuant to the TIF Act, on April 23, 2013, pursuant to Ordinance No. 2012-06, the Corporate Authorities entered into a Redevelopment Agreement for the Downtown Yorkville Project Area (the "Original Agreement") with the Developer in order to induce the 1 development and redevelopment of certain properties within the Yorkville Downtown Redevelopment Project Area; and, WHEREAS, pursuant to the Original Agreement, the City agreed to reimburse the Developer for Redevelopment Project Costs as specifically identified therein for the following four(4) Projects: 1. Cobblestone Bakery Project No. 1; 2. Follies Theater Project No. 2; 3. Follies Box Office Project No. 3; and, 4. Van Emmon Apartments Project No. 4; and, WHEREAS, on January 8, 2013, the Original Agreement was amended to add additional redevelopment projects (the "Additional Projects") to include the acquisition and rehabilitation of: 1. 209 South Bridge Street; 2. The parking lot immediately to the north of 209 Bridge Street; 3. 213 South Bridge Street; and, 4. An expansion of the Cobblestone Bakery Project No. 1; and, WHEREAS, the Developer also advised the City that in order to proceed with the Additional Projects, additional financial assistance shall be needed and, therefore, in addition to the designation of the Yorkville Downtown Redevelopment Project Area and the adoption of the TIF Act, by Ordinance No. 2013-01, the City designated a portion of the commercial area of the Yorkville Downtown Redevelopment Project Area as a "Business District" in accordance with 2 the Business District Development and Redevelopment Act (65 ILCS 5/11-74.3 et seq.) the "Business District Act") on January 8, 2013; and, WHEREAS, pursuant to the Business District Act, once a business district is designated, the Corporate Authorities may impose a retailers' occupation tax, service occupation tax, and a hotel operators' occupation tax in an amount not to exceed one percent (1%) to pay costs to be incurred in connection with the planning, execution and implementation of the goals and objectives as set forth in the business district plan, and the Corporate Authorities have, in fact, imposed a retailers' occupation tax and a service occupation tax of one percent (1%) in the business district; and, WHEREAS, the Developer has now submitted a proposal to the City to acquire additional properties commonly known as 102 E. Van Emmon Street and formerly a bank facility (the "Bank Property") and a parking lot located at the northeast corner of West Van Emmon Street and the west alley (the "Parking Lot") located within the Yorkville Downtown Redevelopment Project Area for the purpose of redevelopment, rehabilitation and renovation, all such projects being in furtherance of the Redevelopment Plan; and, WHEREAS, the City desires the Developer to proceed with the acquisition and rehabilitation of the Bank Property and the Parking Lot and is, therefore, willing to commit additional incentives available pursuant to the Act and the Business District Act in order to induce the Developer to undertake this project, all as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth, the parties agree as follows: 3 Section 1. Incorporation. The representations and recitations set forth in the preambles hereto are material to this Amendment and are hereby incorporated into and made a part of this Amendment as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section 2. The Imperial Investment Additional Projects. A. The Developer represents and warrants that it has acquired the Bank Property commonly known as the 102 E. Van Emmon and identified as Parcel No. 02-33-157-001; 02-33- 157-004; 02-33-301-001 and 02-33-157-006 and the Parking Lot identified as Parcel No. 02-32- 283-009 located within the Downtown Yorkville Redevelopment Project Area and the Downtown Business District. B. The Developer covenants and agrees to develop the Bank Property in conformance with all applicable federal, state and City laws, regulations, ordinances, zoning and building codes, life safety codes, property maintenance codes and all other applicable ordinances of the City(collectively hereinafter referred to as the "Legal Requirements"). C. On or before April 30, 2013, the Developer shall have submitted plans for the redevelopment of the Bank Property, which plans shall be in conformance with the Legal Requirements and shall have also submitted an estimated itemized budget for this redevelopment project. Section 3. Developer's Obligations as a Condition Precedent to the City's Commitment. A. On or before December 31, 2013, the Developer shall have completed all of the rehabilitation on the Bank Property in a good and workmanlike manner and in accordance with 4 the Legal Requirements and have taken possession of the Parking Lot and assumed the sole responsibility for the maintenance thereof. B. On or before December 31, 2013, the Developer shall have commenced operation of an athletic/workout facility d/b/a Boombah Performance at the Bank Property. Section 4. Obligations and Commitments of the City. A. So long as no notice pursuant to Section 20 of the Original Agreement has been issued and remains uncured, the City shall reimburse the Developer for "Redevelopment Project Costs" as hereinafter defined and itemized on Exhibit B attached hereto to pay any cost included in the estimated budget for the improvements to the Bank Property and to the Parking Lot which are eligible as Redevelopment Project Costs in an amount not to exceed twenty-five percent (25%) of all costs incurred by the Developer in connection with the improvements to the Bank Property and the Parking Lots plus costs of financing, marketing and professional fees paid by the Developer. B. All reimbursements to the Developer shall be in conformance with the requirements and procedures set forth in the Original Agreement. C. In connection with the establishment and ongoing administration of the Downtown Yorkville Redevelopment Project Area and the Downtown Business District, the City established a special fund pursuant to the Act known as the "Downtown Yorkville Redevelopment Project Area Special Tax Allocation Fund (the "STAF ') and pursuant to the Original Agreement established the Imperial Investment Sub-Account of the STAF. In addition, as required by the Business District Act, a special fund known as the Downtown Yorkville Business District Tax Allocation Fund ("BD Fund") was also established. The City shall deposit all sales tax revenues 5 imposed at a rate of one percent (1%) generated by businesses operating in the Downtown Yorkville BD ("BD Taxes") into the BD Fund and thereafter shall transfer all BD Taxes in the BD Fund as follows: (i) On March 1 of each year during the term of this Agreement, the City shall deposit all BD Taxes deposited into the BD Fund into the Imperial Investment Sub- Account of the Special Tax Allocation Fund as established in the Original Agreement. (ii) Notwithstanding the foregoing obligation on the part of the City to reimburse the Redevelopment Project Costs from the Imperial Investment Sub-Account including the BD Taxes deposited therein, such obligation is contingent upon written authorization from the Developer to the Illinois Department of Revenue to release any and all information regarding the payment of sales taxes and service taxes collected by the businesses operating within the Business District. Failure on the part of any business to provide such written authorization shall result in a cancellation and waiver of the City's obligation to reimburse the Developer from BD Taxes attributable to such business. THE CITY'S OBLIGATIONS TO REIMBURSE THE DEVELOPER UNDER THIS AGREEMENT IS A LIMITED OBLIGATION PAYABLE SOLELY FROM INCREMENTAL TAXES AND BD TAXES DEPOSITED IN THE IMPERIAL INVESTMENT SUBACCOUNT OF THE STAF FROM TIME TO TIME AND SHALL NOT BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY. As used in this Agreement, "Incremental Taxes" shall mean the amount in the STAF equal to the amount of ad valorem taxes, if any, paid in respect of 6 the Redevelopment Project Area and its improvements which is attributable to the increase in the equalized assessed value of all the Imperial Investment Projects and all projects of the Developer which are approved by the City and their improvements over the initial equalized assessed value of all approved Imperial Investment Project. D. Redevelopment Project Costs, in addition to the meaning set forth in Section 4B of the Original Agreement, shall also mean Business District Project Costs as defined in the Business District Act. E. Reimbursement of Redevelopment Project Costs shall be made annually on each STAF Allocation Date (or, if later, the date which is ten (10) days following approval by the City of payment of such Redevelopment Project Costs), as provided in the Original Agreement; provided, that reimbursement of Redevelopment Project Costs shall only be made to the extent money is available therefore in the Imperial Investment Sub-Account of the from deposits of BD Taxes and Incremental Taxes. To the extent money in the Imperial Investment Subaccount is insufficient to reimburse the Developer for Redevelopment Project Costs, such Request for Reimbursement shall be held for payment on the following STAF Allocation Date. Section S. Undertakings on the Part of Developer. A. The Developer covenants and agrees that these new projects shall result in a total investment of no less than $900,000 by the Developer in the Yorkville Downtown Redevelopment Project Area. B. The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be assessed 7 with regard to its operation including all real estate taxes assessed against the Imperial Investment Projects or any other location in the City owned or controlled by the Developer. Section 6 Term. Section 7 of the Original Agreement is amended to state that unless earlier terminated pursuant to Section 20 of the Original Agreement, the term of this Redevelopment Agreement shall commence on the date of execution and end December 31, 2029, regarding the City's obligation to deposit Incremental Taxes into the Imperial Sub- Account and December 31, 2036, with regard to the City's obligation to deposit BD Taxes, into the Imperial Investment Sub-Account. Section 7. All other provisions of the Original Agreement and the Second Amendment thereto are hereby affirmed as in full force and effect. Section 8. Counterparts. This Amendment Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 8 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Redevelopment Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk IMPERIAL INVESTMENTS, LLC, an Illinois liability company By: President Attest: Secretary 9 OSTS[AND[#XPENSES[BASED®NOMPERIAL©NVESTMENTSEYORKVILLEEPROPERTIES[fl Property3game: Boombah[Performance Address or PIN # 02-33-157-014 Acquisition Cost: $ 714,000.00 General renovation costs: $ 200,000.00 All engineering, architectural design costs: $ 9,000.00 Any legal fees incurred by developer: $ 500.00 Signage costs: $ 4,000.00 Outdoor lighting costs: $ 1,000.00 Landscaping costs: $ 3,000.00 Any interest costs on borrowing: TBD Comment: Former Old Second Bank(Van Emmon and S Bridge Street) PropertyMame: Lot[5EParkinglotM Address or PIN # 02-32-283-009 Acquisition Cost: $ 13,500.00 General renovation costs: $ 20,000.00 All engineering, architectural design costs: $ 5,000.00 Any legal fees incurred by developer: $ 500.00 Signage costs: $ - Outdoor lighting costs: $ 2,000.00 Landscaping costs: na Any interest costs on borrowing: TBD Comments Located to the west side of Cobblestone Bakery and Bistro and just East of the West Alley NEW Store Common Fronts Areas IWY h •fit Y f + 1 _ c •4 z + _ Remove Sidewalk Cobblestone New Cobblestone Parking and Entry Expansion convert to Common Area and Outside Seating S ir \l ,. Hydraulic C x;:.03 •-.�` - -. . - - I -, �i \ t a Van Emmon u - - i r The Data is provided without warranty or any representation of Accuracy, timeliness, or completeness. It is the responsibility of the "Requester" to determine accuracy, timeliness, completeness, and L O t 6 Appropriateness of its use. The United City of Yorkville makes no Warranties, expressed or implied, to the use of the Data. - Parcel data provided by Kendall County GIS