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Ordinance 2006-055 2013 600022272 Filed for Record in STATE OF ILLINOIS KENDALL COUNTY, ILLINOIS PAUL ANDERSON ) ss 07 - 24 -2006 At 03:15 ae►. COUNTY OF KENDALL ) ORDINANCE 41.00 RHSP Surcharge 10.00 ORDINANCE NO. 2006- �S AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT FOR TUSCAN PLAZA WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Development Agreement pertaining to the development of the real estate described on Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Development Agreement has been drafted and has been considered by i the City Council; and ;I I WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, all the statutory procedures for the execution of said Development Agreement have been fully complied with; and NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Page 1 of 2 Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, a Development Agreement concerning the development of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part thereof. Section 2: That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. I JAMES BOCK JOSEPH BESCO L.A. VALERIE BURD_ PAUL JAMES uv DEAN WOLFER — MARTY MUNNS ROSE SPEARS c..` JASON LESLIE C) Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this a� day of , A.D. 2006. ATTEST: � �I CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 2 of 2 "TUSCAN PLAZA" DEVELOPMENT AGREEMENT This Development Agreement, hereinafter referred to as "Agreement ", is made and entered into this FIFTEENTH day of JUNE, 2006, by and between, Union Bank as Trustee #1126, hereinafter referred to as "OWNER" and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY ". The OWNER/DEVELOPER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER is the Owner of certain real property, hereinafter referred to a "Property", located in the CITY and legally described as set forth in Exhibit "A" attached hereto and incorporated by references as if more fully set forth; and WHEREAS, the Property is generally located.near and adjacent to 201, 203 and 205 Bridge Street. The Property is currently zoned B -2 and consists of approximately 0.30 acres; and WHEREAS, the OWNER seeks a special use for .B -2 General Business District to allow for more than two (2) residential units to exist on the property; and WHEREAS, the OWNER and the CITY understand strict enforcement of the CITY parking requirements for this property would be inappropriate and result in less dense development patterns in the downtown district and not in compliance with the CITY's Downtown Vision Plan. WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNER has informed the CITY that they intend to develop the Property as Retail and Residential uses as generally permitted by the CITY's B -2 zoning, but as modified and restricted per this agreement; and WHEREAS, the OWNER, its vendors, grantees, assigns, successors, trustees, and all others holding interest now or in the future, agree and enter into this contract, which shall operate as a covenant runnin with the land and be binding upon any developer and its representatives, and future owners of the land; NOW, THEREFORE, the CITY and OWNER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNER hereby agrees to comply with all CITY ordinances, and this Agreement shall alter said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein, the Agreement shall control. ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit `B ". That the development of the subject real property described in the attached Exhibit "A" shall be subject to approval of all Ordinances of the CITY; Site Plan approval, engineering approval (by CITY staff or outside review engineering consultant as elected by the CITY) and Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and Review Fees Ordinances, Municipal Building Fee, City Land -Cash Ordinance, and City Development Fee Ordinance, payable at the time of Site Plan approval, which have been voluntarily contracted to between the parties and agreed to by OWNER. OWNER agrees that the Final Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance currently in effect when development approval is requested, unless provided for differently in this Agreement. Utilities and Public Improvements. That On -Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in this agreement, in which case this agreement shall control. ARTICLE III SPECIAL PROVISIONS ZONING: All permitted uses in the B -2 General Business District shall be allowed including residential uses in a business building as depicted in Exhibit `B" and approved as a Special Use. Variances to Zoning permitted: 1. A decrease from 20 feet to 0 feet for the rear and side yard setbacks (10 -7C -4 B and Q. 2. An increase in lot coverage from 80% to 90% (10- 7C -5). 3. A reduction in the minimum parking lot aisle from 24 feet to 22 feet 4 inches (10- 11 -13). 4. A reduction in the amount of required off - street parking spaces from 44 to 29 — Retail uses requires 24 spaces and residential use requires 20 spaces (10- 11 -4). ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date this Agreement is approved and executed by the OWNER and CITY. 4nmi ?asTrustee #1.126 (date) Mayor Arthur Prochaska ate) United City of Yorkville EXHIBIT A. PLAT OF SURVEY OF PARCEL ONE: LOTS 1 AND 9 IN BLOCK 1 OF BLACK'S ADDITION TO THE VILLAGE OF YORKVILLE, IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PARCEL TWO: THE NORTH 1/2 OF LOTS 2 AND 10 IN BLOCK 1 OF BLACK'S ADDITION TO THE VILLAGE OF YORKVILLE, IN THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. 01, 0 1 - 7 X 4. --� ------------------- -- X-4-- 4 Isiv To~ 4 . W 2 u mil IN mo am m am FT TW IL MAIN LEVEL FLOOR PLAN r2 3RD LEVEL FLOOR PLAN SCAM US- - JW ap 62". fiefta. VW-I V.-maorr. t �� W M � v iew /s MSnnMwr ; ��� — H NOG Pal 4 JF N 4— --------- M -- - - - - - --- ------- p ------ r WN �wp O 211 ALPARK111 O N - 7 i LOPCR LEVEL FLOOR PLAW7\,eT� 2ND LEVEL FLOOR PLAN rN/J� WA L46 I m San. wj" U* W Wilsom. SM DATA BUILDING DATA' VA .W OFFSITE PARKINS TFAWA" pct rd DD-2.0 i I EXHIBIT B �I I � •i. rn D rn ` rn v. m O •� e EEe 4 � 4i .i y 4* a �I I ®° all TUSCANY PLAZA 201, 20.% 20S & BRIDGE ST. sT � e.m.o. YORKV IL 00580 lliln �.sfb. hC.