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Plan Council Packet 2013 08-08-13
1�0 C►;P-© United City of Yorkville 0 ' %A 800 Game Farm Road EST. _ 1836 Yorkville, Illinois 60560 4 Telephone: 630-553-4350 Q� r p Fax: 630-553-7575 a� 2 <Lt.E ►4w PLAN COUNCIL AGENDA Thursday, August 8, 2013 9:00 a.m. City Conference Room 1. Minutes for approval July 25, 2013 (Not Available) 2. PC 2013-09 & PC 2013-10 1100 McHugh Rd. Annex. Agree. & Rezone Adjournment .� ° c1rr 41 Memorandum EST. 4 1936 To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Kemal C°�h 2 CC: Bart Olson, City Administrator Date: August 5, 2013 Subject: PC 2013-09 &PC 2013-10 1100 McHugh Road Annexation Agreement &Rezoning Request Submittal I have reviewed the applications and Plat of Survey date stamped received June 20, 2013 and submitted by Pete Occhipinti, Petitioner, for the property located at 1100 McHugh Road generally located at the southwest corner of Farmstead Dr. and McHugh Road. The petitioner is seeking to annex the approximately 0.90-acre parcel to within the City's corporate limits and rezone to the R-4 General Residence District. Based upon my review and of other city and local agency staff members of these documents and plat, I have compiled the following comments: General Comments: • The property is currently zoned R-3 One-Family Residence District within unincorporated Kendall County. • The parcel currently has a single family residence and various detached accessory structures. Staff understands that the residence is presently being used as a rental property. Upon an inspection of the property, some outside storage was present. Upon annexation, all United City of Yorkville property maintenance codes will be applicable to the property. • Existing Land uses and zoning within the general area of the Subject Properties are as follows: Existing Zoning Existing Land Use Comments North B-3 Highway Business District Residential Residential properties located in (Kendall County) unincorporated Kendall County. South R-2 One-Family Residential Residential Residential properties located in District Heartland Subdivision. Heartland Center retail development; East B-3 Service Business District Commercial Intervening Transportation Land Use (Farmstead Drive). West R-3 One-Family Residence Residential Residential properties located in District(Kendall County) unincorporated Kendall County. R-4 Zoning Comments: • While no formal plan is proposed for the future redevelopment of the site, the Petitioner envisions a multifamily residence development on the property consistent with housing permitted within the R-4 District (i.e. duplexes, townhomes, condos or apartments). Based upon the density standards of the R-4 District and the size of the property, the following maximum unit number and dwelling types would be permitted: Dwelling Type Density Permitted Maximum Unit Number Permitted 4,500 square feet minimum lot Duplex area per dwelling (assuming a Max. 8 Dwelling Units 3 bedroom unit) 5,000 square feet minimum lot Townhome area per dwelling (assuming a Max. 7 Dwelling Units 4 bedroom unit) 4,000 square feet minimum lot Condo/Apartment area per dwelling (assuming a Max. 8 Dwelling Unitsl 2 bedroom unit) • Yard Area requirements for the R-4 General Residence District are as follows: • Front Yard: Thirty feet(30')minimum setback. • Side Yard: Twelve feet (12') minimum setback or sixty percent (60%) of the building height, whichever is greater. • Corner Side Yard: Twenty feet(20')minimum setback. • Rear Yard: Forty feet(40')minimum setback. • Maximum Lot Coverage for the R-4 General Residence District is thirty percent (30%) which includes buildings or structures and accessory buildings. • Maximum Building Height requirements for the R-4 General Residence District are as follows: o Multi-family dwelling units shall have not more than six (6) stories or eighty feet (80'), whichever is lower. Comprehensive Plan Comments: • The City's Comprehensive Plan Update 2008 had designated this parcel as "Suburban Neighborhood" which is intended primarily for single-family detached residences," preserving the existing housing stock and creating new lower density environments." The gross density envisioned for the Suburban Neighborhood classification is indicated as about 1.5 dwelling units per acre to 2.25 dwelling units per acre. Other Code Comments: • Appearance Code - The proposed new buildings will be subject to the City's Appearance Code standards. o Masonry products shall be incorporated on the front fagade of at least seventy five percent (75%) of the total buildings and shall incorporate a minimum of fifty percent (50%)premium siding material on the front fagade. • Off-Street Parking - Off-Street Parking (Title 10 Chapter 11) regulations would apply to the future development of the property. ' Section 10-6F-3 of the Yorkville Zoning Ordinance provides that the allowable density based upon the gross area shall not exceed eight(8)dwelling units per gross acre. • One and Two-Family dwellings- minimum of 2 enclosed parking spaces for each dwelling units. • Multi-family dwellings — minimum of 2 parking spaces with 1 enclosed parking space for each dwelling unit. Annexation Agreement Comments: • The City Attorney has prepared a draft Annexation Agreement attached for your review. Landscape Ordinance Comments: • The Integrated Transportation Plan indicates that a trail is to be located along McHugh. At this time Staff recommends installing sidewalk along McHugh, and verification from EEI that no additional easement language or width is required for when the City needs to remove the sidewalk and install a trail. • Sidewalk will be required along farmstead. • The Landscape Ordinance 2009-42 will apply. This includes, but is not limited to, parkway trees, parking lot landscaping, and a 30' landscape buffer yard between single family and multi-family residential with 3 shade trees, 3 evergreen trees, and 2 ornamental trees per 100 lineal feet of buffer yard. YBSD Comments: • It would be advisable but not required that the landowner should annex to the Sanitary District so the District and the City can expand together. • Annexation and IPF fees would apply, $4228/acre each. • If the land owner's septic system fails in the future and a sanitary sewer is within 100 feet of their property line, they would be required to connect and annex at that time. 1 i -' 34 E-Veterans-Pkwy fJ- r o O M N N 77 A_ A 00 * is�j:•y r s.. .�: ,� �.. T , 00 c. c9 N CP �9 6' Sp Sp p S Heartland-Or S United City The Data is provided without warranty or any representation of v y of Yorkville GIS accuracy,timeliness,or completeness.It is the responsibility of the 4t Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and W c Provided By Kendall County GIS appropriateness of its use. The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. S STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT 1100 McHugh Road THIS ANNEXATION AGREEMENT ("Agreement"), is made and entered into as of the day of , 2013, by and between West Suburban Bank Land Trust (the "OWNER" and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (the "CITY") by and through its Mayor and City Council (the "Corporate Authorities"). WITNESSETH: WHEREAS, the OWNER is the owner of a certain tract of property comprising .87 acres legally described and identified in the Petition for Annexation, which is made a part hereof and attached hereto as Exhibit A, (the "PROPERTY") and which real estate is contiguous to the corporate limits of the CITY; and, WHEREAS, Peter Occhipinti is the sole beneficiary of the OWNER; and, WHEREAS, OWNER desires to proceed with the development thereof for use in accordance with the terms and provisions of this Agreement. WHEREAS, OWNER desires and proposes pursuant to the provisions and regulations applicable to the R-4 General Residence District of the Yorkville Zoning Ordinance to develop the PROPERTY in accordance with and pursuant to a certain Preliminary Development Plan prepared by and dated as last revised , a copy of which is attached as Exhibit B; and, 1 WHEREAS, it is the desire of the OWNER and CITY that the development and use of the PROPERTY proceed in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. WHEREAS, public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on and the Corporate Authorities conducted the public hearing on this Agreement on WHEREAS, all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code regarding matters in this Agreement have been given. WHEREAS, The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Agreement and the rezoning and development of the PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. LEGAL CONFORMANCE WITH LAW This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 of the Illinois Municipal Code (65 ILCS 5111-15.1-1 et seq.) and the CITY ordinances, as amended from time to time. The above whereas clauses are hereby made a part of this Agreement by incorporation into this paragraph. 2. AGREEMENT: COMPLIANCE AND VALIDITY The OWNER has filed with the City Clerk a proper petition, Exhibit A, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex the PROPERTY to the CITY. It is understood and agreed that this Agreement in its 2 entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless the PROPERTY is validly annexed to the CITY and is validly zoned and classified in the R-4 General Residence District as contemplated in this Agreement. 3. ENACTMENT OF ANNEXATION ORDINANCE The Corporate Authorities within 21 days of the execution of this Agreement by the CITY will enact a valid and binding ordinance (the "Annexation Ordinance") annexing the PROPERTY to the CITY. Said Annexation Ordinance shall be recorded with the Kendall County Recorder's Office along with the Plat of Annexation, attached hereto and made a part hereof as Exhibit C. Recordation shall take place no more than 30 days after enactment of the Annexation Ordinance. 4. ENACTMENT OF ZONING ORDINANCE Within 21 days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a valid and binding ordinance zoning the PROPERTY in the R-4 General Residence District subject to the restrictions further contained herein and all applicable ordinance of the CITY as amended from time to time. Said zoning shall be further conditioned on the development of the PROPERTY in accordance with a Preliminary Development Plan attached as Exhibit B and (Insert other preliminary plans,if any)_. 5. COMPLIANCE WITH APPLICABLE ORDINANCES The OWNER agrees to comply with all ordinance of the CITY as amended from time to time in the development of the PROPERTY, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the PROPERTY but shall be equally applicable to all property similarly zoned and situated to the extent possible. 6. PERMIT FEES Permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the CITY to the extent possible. 7. CONTRIBUTIONS 3 The CITY shall require the OWNER to donate land or money to the CITY, or other governmental body, since the PROPERTY is being used for residential purposes in compliance with the current ordinances of the CITY. The OWNER acknowledges that the donations contained in this Agreement and City Code are made voluntarily by the OWNER, and the Owner hereby waives for itself and its successors and assigns the right to contest at any time in the future the validity or the amount of the donations. 8. OVERSIZING OF IMPROVEMENTS In the event oversizing, deepening, or the location of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 11 hereof, with OWNER providing for the payment of the cost of such oversizing, deepening or location by the owner of properties benefited by the same. The improvements which qualify as benefited properties shall be identified prior to the United City of Yorkville issuing a building permit for the PROPERTY. 9. RECAPTURE AGREEMENTS The CITY agrees that in accordance with Section 11-12-8 of the Illinois Compiled Statutes, (65 ILCS 5/11-12-8), the CITY shall enter into recapture agreements with the OWNER for a portion of the costs of certain public improvements constructed by OWNER which the CITY has determined may be used for the benefit of property (the "Benefited Properties") not located within the PROPERTY which will connect to and/or utilize said public improvements. 10. ONSITE EASEMENTS AND IMPROVEMENTS In the event that during the development of the PROPERTY, OWNER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of OWNER's obligation for the PROPERTY in accordance with this Agreement and City Ordinances, the CITY shall fully cooperate with owner in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the owner. If any easement granted to the CITY as a part of the development of the 4 PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY, the CITY shall fully cooperate with the OWNER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the OWNER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the OWNER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. The CITY agrees to assist the OWNER to obtain necessary easements and Illinois Department of Transportation Permits to construct said improvements. 11. CONFLICT IN REGULATIONS The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 12. GENERAL PROVISIONS A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and its successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and the CITY. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that 5 are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (1) If to OWNER: Peter Occhipinti 303 W. Windsor Lombard, 1160148 with copies to: (2) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, 1160560 Fax: (630) 553-7575 with a copy to: Kathleen Field Orr 53 West Jackson Blvd. Suite 964 Chicago, IL 60604 Fax: (312) 382-2127 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. 6 F. Agreement_ This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such amendment. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty(20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER'S expense. 7 L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto O. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, CITY, or OWNER, including, but not limited to, county, state or federal regulatory bodies. Signature Page follows IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNER: CITY: WEST SUBURBAN BANK UNITED CITY OF YORKVILLE, LAND TRUST an Illinois municipal corporation 8 By: By: Mayor Attest: City Clerk 9 From: Brad Sanderson To: Krysti Barksdale-Noble Subject: RE: Plan Council- 1100 McHugh Road (Annexation and Rezoning) Date: Tuesday,July 30,2013 1:17:47 PM Krysti, I have taken a look at the documents and at this time I do not have any comments. By the way, what is the intended use? Is there an annexation agreement? Thanks. Brad From: Krysti Barksdale-Noble [mailto:knoble @yorkville.il.us] Sent: Saturday, July 13, 2013 12:40 PM To: Bart Olson; Eric Dhuse; Larry Hilt; Kevin Collman; Michael J. Torrence; Tim Fairfield Cc: Brad Sanderson; Laura Schraw; Peter Ratos; Lisa Pickering Subject: Plan Council - 1100 McHugh Road (Annexation and Rezoning) All, Please see the following and attached plans submitted for PC 2013-09 & PC 2013-10 1100 McHugh Road-SW Corner of Farmstead Dr. & McHugh Road—Annexation and Rezoning Request: 1) Application for Annexation 2) Application for Rezoning 3) Plat of Survey This item is on the Thursday, August 8, 2013 Plan Council agenda. Review comments, if any, are requested in Microsoft Word format and are due by Monday, August 2, 2013 via e-mail to me at knoble@yorkviIle.il.us. Review comments may also be saved in the following file location-O:�Development�PC Developmental Submittals�PC 2013-09, 1100 McHugh (Annex)�Plan Council. Should you have any questions regarding this application, please let me know. Originals will be in your mailbox. Best Regards, Krysti J. Barksdale-Noble, AICP Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Direct: (630) 553-8573 Fax: (630) 553-3436 Cell: (630) 742-7808 www.yorkville.il.us This message may contain confidential information and is intended only for the original recipient. The views or opinions presented in this message are solely those of the sender and do not necessarily represent those of the company, unless specifically stated. If you are not the intended recipient you should not disseminate, distribute or copy this message. If verification is required please request a hard-copy version. Engineering Enterprises, Incorporated 52 Wheeler Road, Sugar Grove, IL., 60554 Warning: This message was scanned for viruses, vandals and malicious content. However, we cannot guarantee that the integrity of this e-mail has been maintained in transmission and do not accept responsibility for the consequences of any virus contamination. From: Kevin Collman To: Krvsti Barksdale-Noble Subject: PC 2013-09&PC 2013-10 1100 McHugh Road-SW Corner of Farmstead Dr. &McHugh Road -Annexation and Rezoning Request-YBSD Date: Tuesday,July 16,2013 11:17:12 AM Krysti, The Yorkville Bristol Sanitary District has the following comments regarding the proposed request: It would be advisable but not required that the landowner should annex to the Sanitary District so the District and the City can expand together. Annexation and IPF fees would apply, $4228/acre each. If the land owners septic system fails in the future and a sanitary sewer is within 100 feet of their property line,they would be required to connect and annex at that time. Thank you, Kevin Collman Executive Director 630-553-7657 630-335-6905 .��° ''`Q Memorandum a �I EST. ! 1836 To: Krysti Barksdale-Noble, Community Development Director From: Laura Schraw, Interim Director of Parks and Recreation CC: Brad Sanderson, EEI 09 daC. Date: August 5, 2013 Kendae counTy <kE �. Subject: 1100 McHugh Annexation & Rezoning Request Trail & Landscape Comments The petitioner should be made aware for future development of the following requirements for the lot: 1) The Integrated Transportation Plan indicates that a trail is to be located along McHugh. At this time Staff recommends installing sidewalk along McHugh, and verification from EEI that no additional easement language or width is required for when the City needs to remove the sidewalk and install a trail. 2) Sidewalk will be required along farmstead. 3) The Landscape Ordinance 2009-42 will apply. This includes,but is not limited to, parkway trees,parking lot landscaping, and a 30' landscape buffer yard between single family and multi-family residential with 3 shade trees, 3 evergreen trees, and 2 ornamental trees per 100 lineal feet of buffer yard. J� 0T EST. , 1836 .4 1 i csa., O United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 APPLICATION FOR ANNEXATION /2eaoni� Purpose of Application Local government has the authority to expand its boundaries by annexing unincorporated lands that are contiguous to their corporate limits.According to state law, all newly annexed land is automatically zoned to the most restrictive classification under the city's zoning ordinance, or R-1 One-Family Residence District. Therefore,all voluntary petitions for annexation requesting a zoning classification other than R-1 One-Family Residence District and seeking to enter into an annexation agreement with the city which specifies the desired zoning and other contractual approvals (i.e., amendments to zoning ordinance, variances, building codes, development impacts and contributions, etc.) that will affect the property and successor owners requires a public hearing before the City Council. This packet explains the process to successfully submit and complete an Application forAnnexation.It includes a detailed description of the process and the actual application itself(Pages 6 to 9). Please type the required information in the application on your computer. The application will need to be printed and signed by the applicant. The only item that needs to be submitted to the city from this packet is the application. The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Annexation process,please refer.to"Title 10, Chapter 4, Section 10 Annexations"of the Yorkville,Illinois City Code. 1 Application Procedure Procedure Flow Step 1 Submit Application, Fees, and All Pertinent Information to the Community Development Department Step 2 Plan Council Review (Meets 2nd and 4th Thursday of the month) Step 3 City Council Public Hearing (2nd and 4th Tuesday of the Month) 2 Application Procedffe Step I Application Submital The following must be submitted to the Community Development Department: i • 2 original signed applications with legal description. • 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10"x 13"envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) • 1 CD containing an electronic copy (pdf) of each of the signed application (complete with exhibit),proposed drawings, location map,and site plan. A Microsoft Word document with the legal description is required on the CD. Within one (1)week of submittal,the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs(i.e.legal review,land planner,zoning coordinator, environmental,etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Aclmowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. Plan Council Applicant must present the proposed annexation request to the Plan Council, The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council include the Community Development Director,City Engineer,the Building Department Official,the Public Works Director,the Director of Parks and Recreation,a Fire Department Representative,and a Police Department Representative. Upon recommendation by the Plan Council,applicant will move forward to the Plan Commission hearing. City Council Applicant will attend the City Council public hearing where the recommendation of the annexation will be considered. The City Council meets on the 2nd and 4th Tuesdays of the month at 7:OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four(24)hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. City Council will make the final approval of the annexation request. 3 Application Procedure Dormant The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety(90)days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six(6)months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety (90)days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application.After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees,or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011-34, 7-26-2011) 4 `CEO ctTr United City of Yorkville ,2 0 800 Game Farm Road Yorkville,Illinois 60560 \ `1836 Telephone: 630-553-4350 �- Pax: 630-553-7575 INVOICE&WORKSHEET <<E ��y PETITION APPLICATION CONTACT: DEVELOPMENT/PROPERTY: /l go Me/Aec// Acreage: 0, 'PACs Date: Concept Plan Review: [J Yes []No $ Engineering Plan Review Deposit of$500 due Amendment: I]Yes []No $ $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUB) Annexation: Yes []No $ $ .00,plus$10 1acre for each acre over 5. #of acres: -5= x$10= +$250 Rezoning: ,4<Yes []No $ 0`200. $200.00,plus$l0/acre for each acre over 5. #of acres: -5= x$10= +$200 If annexing and rezoning,charge only 1 per acre fee. If rezoning to a POD,.charge POD Development Fee-not Rezoning Fee. Special Use: I I Yes []No $ $250.00,plus$10/acre for each acre over 5. #ofacres: --S--x$10— +$250 Zoning Variance: $85.00 []Yes []No $ Outside Consultants deposit of$500.00 due Preliminary Plan Fee: $500.00 [I Yes []No $ P.U.D.Fee: $500.00 []Yes []No $ Final Plat Fee: $500.00 [1 Yes I]No $ Engineering Plan Review Deposit: []Yes I]No $ []Less than 1 acre=$1,000 due [J Over 1 acre and less than 10 acres=$2,500 due []Over 10 acres and less than 40 acres=$5,000 due []Over 40 acres and less than 100 acres=$10,000 due []Over 100 acres=$20,000 due Outside Consultants Deposit: pf Yes []No $ �t 000, Gv Legal,Land Planner,Zoning Coordinator,Environmental Services Annexation,Subdivision.Rezoninr.and Special Use: Less than 2 acres=$1,000 due []Over 2 acres and less than 10 acres=$2,500 due I]Over 10 acres=$5,000 due C TOTAL AMOUNT DUE: $ WoO OOricd nag.nzv.AR01 Fm Shea Wkst 5 Application For STAFF USE ONLY Annexation Date of Submission PC# Development Name Applicant • • Name ofApplicant(s) 12LCA(/ //kJ Business Address I lt/ City F z- p e R State L, ZIP F4 of SG Business Phone 30 6 C, / 41 Business Fax Business Cell k7 Business E-mail Property • • Name of Holder of Legal Title t1-6:.P7 S y R/3k (1SifQy!' If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein: PE-7-E o ccyi /,y>/ Property Street Address I ( ( ®© Description of Property's Physical Location Sd v fH *4 C pGCF v wESr A, Zoning and Land Use of Surrounding Parcels North 03 crpvr! East eIc Kv�c� South q 2, r West & 3 S t E�/ Current Zoning Classification I ? S r A rr- P#tL Cop//T,/ Kendall County Parcel Number(s)of Property 6 Application For Annexation Additional Contact • • Attorney Name Address City State ZIP Phonel Fax E-mail Engineer Name Address City State ZIP Phone Fax E-mail Land Planner/Surveyor Name 1 S H , C A ly Address 1 Ss3A S P /{ & City If(C p AY 14 41- State r( ZIP Phone I 7 p 8 f — f3 70 Fax E-mail Attachments Applicant must attach a legal description of the property to this application and title it as "ExhibitA". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as "Exhibit B". 7 Application For Annexation Agreement I verify that all the information in this application is true to the best of my knowledge. I understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. Applicant Signature Date e��= 0,--7©-/3 THIS APPLICATION MUST BE NOTARIZED �p PLEASE NOTARIZE IN THE SPACE BELOW: OFFICIAL SEAL PAMELA B OLSEM NOTAIIY PUBLIC-STATE OF ILLHOIS W OOANNSSION EI�RE;WM& 8 ,rgo Crp` United City of Yorkville ,2� T $e Kendall County 800 Game Far me Far m Road petitioner Deposit Account / 800 Ga ® Yorkville, Illinois, Acknowledgment of Financial Telephone: 630-553-453-4 350 Fax: 630-553-7575 Responsibility Website: www il .yorkville. .us Development/Property Address: Project No.: FOR CITY USE ONLY Fund Account No.: FOR CITY USE ONLY //0d ti(c ffu�,�F Petition/Approval Type: check appropriate box(es) of approual requested ❑ Concept Plan Review ❑ Amendment (Text) (Annexation) (Plat) Annexation ❑ Rezoning ❑ Special Use Cl Mile and 9s Review ❑ Zoning Variance ❑ Preliminary Plan ❑ Final Plans ❑ P.U.D. ❑ Final Plat Petitioner Deposit Account Fund: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORI{SHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 1511' of the month in order for the refund check to be processed and distributed by the 151h of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACI{NOWLEDGMENT OF FINANCIAL RESPONSIBILITY Name/Company Name: Address: City: State: Zip Code: fi6rC- Otre/f0/47/ 303 u- 1�-, 'Wsoe Go^AA AP / I . je'�0/ 4e8 TGele�i 33 D hone: gg ( a/ Mobile: Fax: E-mail: !,t Financially Responsible Party: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may stop until the requested replenishment deposit is received. Print Name: F117-C 0 r y/P/��/ Title: Signature*: 7D Date: 'The name of the individual and the person who signs this declaration mast be the sarne. If a corporation is listed, a corporate officer must sign the declaration (President, Vice-President, Chairoraa, Secretary or 7Y.easurer) FOR CITY USE ONLY i ACCOUNT CLOSURE AUTHORIZATION: j Date Requested: ❑ Completed ❑ Inactive Print Name: ❑ Withdrawn ❑ Collections Signature: ❑ Other I DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑ Comm Dev. Lk Building ❑ Engineering ❑ Finance ❑Admin. I 9 v N I PLAT LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MWRIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 45 OF FOX RIVER GARDENS SUBDIVISION; THENCE NORTH 20 DEGREES '10 MINUTES 00 SECONDS EAST, ALONG THE :WESTERLY LINE OF SAID SUBDIVISION , 1479. 25 FEET TO . THE MOST NORTHERLY CORNER OF LOT 27 IN SAID SUBDIVISION; THENCE NORTH 72 DEGREES 02 MINUTES 51 SECONDS WEST, ALONG THE SOUTHERLY LINE OF TUMA ROAD, ` 1360, 96 IFEET; THENOE SOUTH 49 DEGREES 29 MINUTES 08 SECONDS WEST, 886. 93 FEET; THENCE NORTH 40 DEGREES 20 MINUTES 48 SECONDS WEST, 505. 41 FEET TO THE CENTERLINE OF 'MCHUGH ROAD; THENCE SOUTH 49 DEGREES 20 MINUTES 00 SECONDS WEST, ALONG SAID CENTERLINE. 553. 68 FEET; THENCE SOUTH 46 DEGREES 22 MINUTES 55 SECONDS EAST, ALONG SAID CENTERLINE, 116.93 FEET TO THE MUST NORTHERLY CORNER OF NELLIE BRANDT SUBDIVISION; THENCE SOUTH 43 DEGREES 22 MINUTES 55 SECONDS EAST, ALONG THE NORTHEASTERLY LINE OF SAID SUBDIVISION , 229. 39 FEET TO THE MOST EASTERLY CORNER OF SAID SUBDIVISION; THENCE SOUTH 46 DEGREES 41 MINUTES 58 SECONDS WEST, ALONG THE SOUTHEASTERLY LINE OF SAID SUBDIVISION, 150. 0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 59 DEGREES 06 MINUTES 43 SECONDS WEST, 190. 47 FEET; THENCE NORTH 43 DEGREES 22 MINUTES 03 SECONDS WEST 190.05 FEET TO THE CENTERLINE OF MCHUGH ROAD; THENCE NORTH 46 DEGREES 05 MINUTES '18 SECONDS EAST, .ALONG SAID CENTERLINE, 185. 98 FEET TO THE MOST WESTERLY CORNER OF SAID NELLIE BRANIDT SUBDIVISION; THENCE SOUTH 43 (DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE OF SAID SUBDIVISION, 232. 98 ;FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, KEND,ALL COUINTY, ILLINOIS. . I J� 0� EST. , � 1636 0 a United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 APPLICATION FOR REZONING Purpose •p An application for Map Amendment,or commonly referred to as"rezoning",is a requestto reclassify a property from one zoning designation to within another zoning district. Requests for rezoning must not be merely arbitrary, but has to have validity as to the appropriate zoning classification for the existing or proposed land use in consideration of certain factors such as:the existing land use and zoning of the surrounding properties; suitability of the land use within the current zoning district; the trend of development in the general area; impact the proposed rezoning would have on traffic; the potential diminishment of property values due to the rezoning; and the promotion of public health, safety, morals or general welfare of the public as a result of the proposed rezoning. This packet explains the process to successfully submit and complete an Application for Rezoning. It includes a detailed description of the process and the actual application itself(Pages 6 to 12). Please type the required information in the application on your computer. The application will need to be printed and signed by the applicant. The only item that needs to be submitted to the city from this packet is the application. The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Rezoning Request process,please refer to"Title 10, Chapter 14, Section 7 Amendments"of the Yorkville,Illinois City Code. I Application • edure Procedure Flow Chart i Step I Submit Application, Fees, and All Pertinent Information to the Community Development Department Step 2 If Applicable Plan Council Review (Meets 2nd and 4th Thursday of the month) Z Step 3 Plan Commission Public Hearing (Meets 2nd Wednesday of the Month) Step 4 City Council Public Hearing (Meets 2nd and 4th Wednesday of the Month) 2 Procedure Step I Application Submittal The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. • 5 copies each of the application and exhibits,proposed drawings, location map, and site plan. Large items must be folded to fit in a 10"x 13"envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) • I CD containing an electronic copy (pdt) of each of the signed application (complete with exhibit),proposed drawings, location map,and site plan. A Microsoft Word document with the legal description is required on the CD. Within one(1)week of submittal,the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs(i.e.legal review,land planner,zoning coordinator, environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. Plan Council (If Applicable) Applicant may present the proposed request to the Plan Council. The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council include the Community Development Director, City Engineer,the Building Department Official,the Public Works Director,the Director of Parks and Recreation,a Fire Department Representative,and a Police Department Representative. Upon recommendation by the Plan Council, applicant will move forward to the Plan Commission hearing. Plan Commission Applicant will attend a public hearing conducted by the Plan Commission. The Plan Commission meets on the 2nd Wednesday of the Month at 7:OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four (24) hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. The Plan Commission will conduct a public hearing on the request, take public comments, discuss the request, and make a recommendation to City Council. 3 Application • Step 4 City Council Applicant will attend the City Council meeting where the recommendation of the rezoning request will be considered. The City Council meets on the 2nd and 4th Tuesdays of the month at 7:OOpm. City Council will make the final approval of the rezoning request. Dormant Applications The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety(90)days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six (6)months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety(90)days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees,or any other outstanding debt owed to the city.The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord.2011-34, 7-26-2011) 4 C/Ty United City of Yorkville 2 a o 800 Game Farm Road Yorkville,Illinois 60560 �Y T M... �nnnn less Telephone: 630-553-4350 tin tom- Fax: 630-553-7575 �2 INVOICE&WORKSHEET PETITION APPLICATION CONTACT: DEVELOPMENT/PROPERTY: /I e 0 "e Hvu ?g Acreage: Or 90,4 C-P Date: Concept Plan Review: []Yes 11 No $ Engineering Plan Review Deposit of$500 due Amendment. []Yes []No $ $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: []Yes []No $ $250.00,plus$10/acre for each acre over 5. #ofacres: -5= x$10= +$250 Rezoning: Yes []No S a06 $2 0.00,plus$10/acre for each acre over 5. #ofacres: -5= x$10= +$200 If annexing and rezoning,charge only I per acre fee. If rezoning to a PUD,charge PUD Development Fee-not Rezoning Fee. Special Use: [I Yes []No $ $250.00,plus$10/acre for each acre over 5. #ofacres: _-5=_X$10— +$250 Zoning Variance: $85.00 11 Yes 1]No $ Outside Consultants deposit of$500.00 due Preliminary Plan Fee: $500.00 11 Yes []No $ P.U.D.Fee: $500.00 []Yes []No $ Final Plat Fee: $500.00 []Yes []No $ Engineering Plan Review Deposit: []Yes []No $ []Less than I acre=$1,000 due []Over l acre and less than 10 acres—$2,500 due []Over 10 acres and less than 40 acres=$5,000 due []Over 40 acres and less Oran 100 acres=$10,000 due - []Over 100 acres=$20,000 due / J Outside Consultants Depos[t: 1]Yes []No $ IHO�CGt Legal,Land Planner,Zoning Coordinator,Environmental Services Annexation,Subdivision,Rezoning and Special Use: [j Less than 2 acres=$1,000 due []Over 2 acres and less than 10 acres=$2,500 due []Over 10 acres=$5,000 due TOTAL AMOUNT DUE: $ MW O Dove/nev.0.y.ARO/Fee SM t WAet 5 Application For Re-Zoning STAFF USE ONLY Date of Submissioni PC# Development Name Information Applicant Name of Applicant(s) Business Address City State I ZIP Business Phone Business Fax Business Cell Business E-mail Property Information Name of Holder of Legal Title If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein: Property Street Address Description of Property's Physical Location Zoning and Land Use of Surrounding Parcels North East South West Current Zoning Classification S Requested Zoning Classificaion Comprehensive Plan Future Land Use Designation I Total Acreage Kendall County Parcel Number(s)Within Proposed PUD 6 Application For Rezoning Property • List all governmental entities or agencies required to receive notice under Illinois law: ^ No 14E — Is the property within City limits? Yes ❑ No IET Does a floodplain exist on the property? Yes F] No ee e Contact Attorney Name Address City State ZIP 0 Phone Fax E-mail Engineer Name Address City r State I ZIP 0 Phone Fax E-mail Planner Name Address Ciry r State ZIP Phone Fax E-mail 7 Application For Rezoning Rezoning Standards Please state the existing zoning classification(s)and uses of the property within the general area of the proposed rezoned property: Please state the trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification: Please state the extent to which property values are diminished by the particular zoning restrictions: /V 6 " L'� Please state the extent to which the destruction of property values of plaintiff promotes the health, safety, morals,and general welfare of the public: /V 0Ni� 8 Application For Rezoning Rezoning Standards Please state the relative gain to the public as compared to the hardship imposed upon the individual property owner: G -ro p&AL,c . (A,( ,A--PD e� PR o r�rcyy Please state the suitability of the subject property for the zoned purposes: Please state the length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property: A/ A Please state the community need for the proposed land use: �k-p@ 6fvvsi��- 9 Application For Rezoning Rezoning Standards With respect to the subject property,please state the care with which the community has undertaken to plan its land use development: Pn o /0" tY r s Please state the impact that such reclassification will have upon traffic and traffic conditions on said routes;the effect,if any,such reclassification and/or annexation would have upon existing accesses to said routes;and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes (Ord. 1976-43, 11-4-1976): Attachments Mo nr� Applicant must attach a legal description of the property to this application and title it as"Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as"Exhibit B". 10 Application For Rezoning Agreement I verify that all the information in this application is true to the best of my knowledge. I understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. pplicant Signature Date ` 6 - 20 ,/3 THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: OFFICIAL SF,AL PAMELA B OI.SEM �r»aF i I ,(Ep CrT` United City of Yorkville County Seat of Kendall County Petitioner Deposit Account / 800 Game Farm Road p 6L Telephone: i630-5 3-4 Acknowledgment of Financial s Telephone: 630-553-4350 Fax: 553-7575 Responsibility Website:ite: www.Yorkville.il.us Develogment/Prop/e�r�ty Address: Project No.: FOR CITY USE ONLY Fund Account No.: FOR CITY USE ONLY 7l lI-lC /7rl G 12 0• Petition/Approval Type: check appropriate box(es) of approval requested ❑ Concept Plan Review ❑ Amendment (Text) (Annexation) (Plat) ❑ Annexation Rezoning ❑ Special Use ❑ Mile and V2 Review ❑ Zoning Variance ❑ Preliminary Plan ❑ Final Plans ❑ P.U.D. ❑ Final Plat Petitioner Deposit Account Fund: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15th of the month in order for the refund check to be processed and distributed by the 15d, of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY Name/Company Name: Address: City: State: Zip Code: V6 DCWIpl r (5 &cam w1N&90IC 4an ,8,41`4 14 . (o O/ 48 c1ephone: Mobile: Fax: E-mail: G 0 / V Financially Responsible Party: I acknowledge and understand that as the 'Fintncially Responsible Party, expenses may exceed the estimated initial deposit and, when requested .by the United City of Yarleviile; 1 will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may stop until the requested replenishment deposit is received. Print Name: 1p i� -1/e. �0t'�W/)0/'W Title: 0 u-/y � Signature*: 414 � Date: *The name of the individual out the person who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice-President, Chairman, Secretary o• Treasurer) FOR CITY USE ONLY ACCOUNT CLOSURE AUTHORIZATION: Date Requested; ❑ Completed ❑ Inactive Print Name: ❑ Withdrawn ❑ Collections Signature: ❑ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑ Comm Dev. ❑ Building ❑ Engineering ❑ Finance ❑ Admin. 12 402 PLAT LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MWRIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 45 OF FOX RIVER GARDENS SUBDIVISION; THENCE NORTH 20 DEGREES '10 MINUTES O'0"SECONDS EAST, ALONG THE :WESTERLY LINE OF SAID SUBDIVISION, 1479. 25 FEET TO - THE MOST NORTHERLY CORNER OF LOT 27 IN SAID SUBDIVISION; THENCE NORTH 72 DEGREES 02 MINUTES 51 SECONDS WEST, ALONG THE SOUTHERLY LINE OF TUMA ROAD, `1360.. 96 IFEET; THENCE SOUTH 49 DEGREES 29 MINUTES 08 SECONDS WEST, 886. 93 FEET; THENCE NORTH 40 DEGREES 20 MINUTES 48 SECONDS WEST, 505. 41 FEET TO THE CENTERLINE OF MCHUGH ROAD; THENCE SOUTH 49 DEGREES 20 MINUTES 00 SECONDS WEST, ALONG SAID CENTERLINE. 553. 68 FEET; THENCE SOUTH 46 DEGREES .22 MINUTES 55 SECONDS EAST, ALONG SAID CENTERLINE, 116.93 FEET TO THE MOST NORTHERLY CORNER OF NELLIE BRANDT SUBDIVISION ; j THENCE SOUTH 43 DEGREES 22 MINUTES 55 SECONDS EAST, ALONG THE NORTHEASTERLY LINE OF SAID SUBDIVISION , 229. 39 FEET TO THE MOST EASTERLY CORNER OF SAID SUBDIVISION; THENCE SOUTH 46 DEGREES 41 MINUTES 58 SECONDS WEST, ALONG THE SOUTHEASTERLY LINE OF SAID SUBDIVISION , 150. 0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 59 DEGREES 06 MINUTES 43 SECONDS WEST, 190.47 FEET; THENCE NORTH 43 DEGREES 22 MINUTES 03 SECONDS WEST 1 '90.'0:5 FEET TO THE CENTERLINE OF MCHUGH ROAD; THENCE NORTH 46 DEGREES 05 MINUTES 18 SECONDS EAST, .ALONG SAID CENTERLINE, 185. 98 FEET TO THE MOST WESTERLY CORNER OF SAID NELLIE BRANIDT SUBDIVISION; THENCE SOUTH 43 (DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE OF SAID SUBDIVISION , 232. 98 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, KEND,ALL COUINI"Y, ILLINOIS. .