Economic Development Packet 2008 05-01-08 ciT o United City of Yorkville
"' 800 Game Farm Road
ESL , 4 8� 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
� n `gyp Fax: 630-553-7575
<LE
AGENDA
ECONOMIC DEVELOPMENT COMMITTEE MEETING
Thursday, May 1, 2008
7:00 PM
City Hall Conference Room
Presentation:
Minutes for Correction/Approval:
New Business:
1. EDC 2008-16 Monthly Building Permit Report for March 2008
2. PC 2007-39 Hattner Trust — Annexation and Zoning Request
3. PC 2007-42 Jake Land Group (The Shoppes South of the Fox / Windmill Farms) —
Annexation, Zoning and Concept PUD Request
4. EDC 2008-17 Lincoln Prairie— Zoning Ordinance
Old Business:
1. PC 2008-04 Yorkville Town Center (Raycorp) — PUD Amendment & Rezoning
Request
2. EDC 2007-38 Sign Ordinance Update
3. EDC 2008-06 Millbrook Boundary Agreement — Discussion
Additional Business:
UNITED CITY OF YORKVILLE
WORKSHEET
ECONOMIC DEVELOPMENT COMMITTEE
Thursday, May 1, 2008
7 :00 PM
CITY HALL CONFERENCE ROOM
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NEW BUSINESS:
----................--------------------------------------------------------------------..............-..................--------------
I . EDC 2008-16 Monthly Building Permit Report for March 2008
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
-------................------------------------..........-----------------------------------------------------------------------
-------
2. PC 2007-39 Hattner Trust — Annexation and Zoning Request
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
3 . PC 200742 Jake Land Group (The Shoppes South of the Fox / Windmill Farms) — Annexation, Zoning
and Concept PUD Request
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
......................-------------------------------------..............--------------------------------------------------------------
4. EDC 2008-17 Lincoln Prairie — Zoning Request
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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OLD BUSINESS:
---------------------------------------------------------------------------------------------------------------------------------------
1 . PC 2008-04 Yorkville Town Center (Raycorp) — PUD Amendment & Rezoning Request
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
2. EDC 2007-38 Sign Ordinance Update
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
3 . EDC 2008-06 Millbrook Boundary Agreement — Discussion
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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ADDITIONAL BUSINESS:
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BUILDING PERMIT REPORT
United City of Yorkville
Department of Building Safety and Zoning
March 2008
Types of Permits
2-Family Commercial
Number of Permits Issued SFD (819,1.&82005, Multiple-Family (Bl9w.ilg 2006,Category iadad. Industrial Miscellaneous* Total Construction Cost
2Per,,,8e=ISancar) Bal(Joms)
March 2008 71 6 2 0 7 0 56 $3,369,830.00
Calendar Year 2008 156 23 2 0 15 0 116 $10,262,622.00
Fiscal Year 2007 1047 278 10 6 64 0 689 $95,633,711.00
March 2007 123 58 2 0 4 0 59 $28,239,044.00
Calendar Year 2007 238 103 4 0 14 0 117 $43,541,675.00
Fiscal Year 2006 1269 535 42 7 40 0 645 5152,178,222.00
March 2006 162 107 2 0 5 0 48 $16,173,506.00
Calendar Year 2006 375 221 18 3 12 0 121 $44,017,677.00
Fiscal Year 2005 1406 667 24 9 34 0 672 $141,463,066.00
March 2005 111 56 5 0 4 0 41 $13,220,330.00
Calendar Year 20051 212 96 5 0 10 0 96 $25,000,211.00
Fiscal Year 2004 984 436 5 0 28 1 511 $105,212,771.00
i
March 2004 69 32 3 0 0 0 33 $6,531,355.00
Calendar Year 20042 160 78 3 0 3 0 75 $16,759,634.00
Fiscal Year 2003 839 342 15 7 29 0 445 $85,308,961.00
Emp
012 wasvoid ed,thusonly212 of 213 assignedperndtnumbers wereactua0y used.
97and F-04-098 were issuedfor each side ofa duplex,only I structure was built aus includes additions,remodelling,garages,sheds,swimming pools,decks,fae alarm/sprinkler plan reviews,municipal projects,etc
C-7
Report prepared by: Barbara J.Detlmer,MCP,Department of Building Safety and Zoning pJ _
to'00 Cl Reviewed By: Agenda Item Number
2 0
a *n Legal ❑ New Business #2
EST 7836 Finance ❑
Engineer ❑ Tracking Number
0 111 r1 W City Administrator ❑
Consultant ❑ PC 2007-39
<CE ®®� ❑
Agenda Item Summary Memo
Title: Hattner Trust #1 — Annexation and Zoning Request
Meeting and Date: EDC 5/1/08
Synopsis: Request for Pre-Annexation/PUD Agreement and Zoning.
Council Action Previously Taken:
Date of Action: 2/13/08 Action Taken: Plan Commission Public Hearing
3/25/08 City Council Public Hearing
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Travis Miller Community Development
Name Department
Agenda Item Notes:
See attached report.
Cl; b
�® 4 Memorandum
To: EDC
ESL _ 1836 From: Travis Miller/Stephanie Boettcher
CC: Lisa Pickering (for distribution)
0 76 p Date: April 24, 2008
{"E`%may®� Subject: PC2007-39 Hattner Trust #1 (Annexation & Concept PUD)
Plan Commission Recommendation
The Plan Commission conducted a public hearing and reviewed the annexation and
zoning request February 13, 2008 and made the following actions:
- Motion to recommend annexation upon contiguity, subject to addressing staff
comments in the annexation agreement. 6 ayes; 0 no
- Motion to recommend PUD zoning classification subject to staff comments.
6 ayes; 0 no
Comprehensive Plan Requirement for the Property
The 2005 Comprehensive Plan Update, Southern Study Area, proposes two land uses for the
subject property, Suburban Neighborhood and Park/Open Space along the Aux Sable Creek.
The Comprehensive Plan, for Suburban Neighborhood, states:
"Suburban Neighborhood is intended to be a residential area primarily comprised of single-
family detached residences.. .gross density in this classification should be between 1.50 and 2. 25
dwelling units per acre. Developments requesting densities above 2. 0 dwelling units per acre
shall illustrate compliance with the Design Guidelines of this Comprehensive Land Use Plan
Update. In addition ... the developer must also demonstrate their ability to add specific
improvements such as: assist with finding offsite City infrastructure improvements, integration
of architectural standards that exceed the City 's current standards, landscaping, and increased
allocation of open space beyond City requirement. "
Conceptual Development Plan A
• Proposed land uses are not consistent with the Comprehensive Plan. The
Conceptual Development Plan A calls for 14 acres of commercial running the
length of Route 47 with 14 acres of townhomes buffering the 51 .87 acres of
single family from the commercial.
• The single family area has a density of 1 .79 dwelling units per acre, while the
townhome area has a density of 5.0 dwelling units per acre. The combined
gross density for the residential areas is 2.52 units per acre which exceeds the
intended density of the Suburban Neighborhood Land Use.
Conceptual Development Plan B
• Proposed land uses are not consistent with the Comprehensive Plan. The
Conceptual Development Plan B calls for 19 acres of commercial running the
length of Route 47, 8.97 acres of office east of the commercial, 9.94 acres of
15,000 sqft single family lots, and 40.99 acres of 12,000 sqft single family
lots.
• The single family area has a gross density of 1 .55 dwelling units per acre.
Conceptual Development Plan C
• Proposed land uses are not consistent with the Comprehensive Plan. The
Conceptual Development Plan C calls for 14 acres of commercial running the
length of Route 47, and 65.87 acres of 13,000 sqft single family lots.
• The single family area has a gross density of 1 .58 dwelling units per acre.
Staff Comments/Recommendations:
• The petitioner is seeking approval of a pre-annexation agreement and would
like the agreement to allow flexibility for future developer to determine the
highest/best use of the property following one the three proposed land plans
submitted. The draft agreement provides narrative allowing components of
each plan. Staff has requested a revised Concept PUD be prepared to allow
for one Concept PUD plan to avoid confusion.
• Although the Comprehensive Land Use plan recommends Suburban
Neighborhood along this property's frontage of Route 47, staff acknowledges
that single family homes may not be the best use along Route 47; however the
Comprehensive Plan establishes commercial nodes at major intersections with
supporting residential uses in between. Staff has concern with allowing
commercial use in this location at the same intensity as that of the `nodes' to
the north and south of this property, and therefore recommends the non-
residential use along Route 47 be limited to less intense commercial and/or
office land use. The Annexation Agreement includes a provision to
incorporate the design guidelines for architectural design of the buildings,
requiring the buildings to be single story in order to be consistent with
residential architectural styles.
• Aux Sable Creek comments:
• Aux Sable Creek is a Class A stream. Floodplain restoration will
be required, including one or more of the following; de-
channelization of the creek, stream bank erosion stabilization and
naturalized seeding of floodplain.
• Due to the sensitivity of the Aux Sable Creek Watershed,
additional methods for Non-Point Source Pollution prevention will
be necessary.
• Best Management Practices shall be used in all applicable areas.
• Improvements enhancing the Aux Sable Creek should be required
and should follow the guidelines outlined by the Mid Aux Sable
Creek Watershed Plan currently being prepared by the
Conservation Foundation.
• The access drive entering the property from Route 47 (northwest corner) of
each concept plan should allow for cross-access/shared entrance with the
property to the north — a note on the concept plan and/or a provision in the
agreement should address this.
• YBSD recommends in the current sanitary sewer expansion plan that a lift
station be located in the vicinity of this property. Staff has recommended a
provision to the annexation agreement to provide/address this facility.
• The trail design should include the trail and pedestrian bridges over the
Middle Aux Sable Creek for both Route 47 and Penman Road trails.
Provisions for funding and construction of these bridges have been be
included in the Annexation Agreement.
HATTNER PROPERTY -
Yorkville,Illinois -
-- BITE
COMMERCIAL SINGLE FADIILY ...-
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14.00Ac. TOWNIIOMES ("XIWIYP.) -
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FLOODW AY - SITE DATA
REGIONAL IIgCB TRA I L TOTAL AREA. 8266 AC.
6VR.O.W. aownevrnnen ee,+;
COMMERCIAL AREA'. 4 AC
TOMHOMEARE IhW AC.
JASINGLE FAh11LY AREA: 51.87 AC.
CONCEPTUAL�AL ANNETfE HATTNER �P�eV s,J^
DEVELOPMENT PLAN — eu,ax -ws OS EGO.IL 0543 (uQ
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,. . OSWEGO.IL 60533 .. ,._
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HATTNER PROPERTY
Yorkville, Illinois -
CObIMERCLAL OFFICE SINGLE I kNill \ SINGLE FAMILY -
CSDMIS.L
7E.U911 S.I. ISp00 S.F.I( l> L000 S.F.LOTS
ponwo TYP.I IFnX1511 TY 11.)
111'01$ 62L015
9.94 A, 40.99 A,
40'R.O.W.
lik 12K
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SITE DATA
ALX SABLE CREEK
FLOOUW'.i 1 TOTALAREA' 81M AC.
' = xsl ac
REGIONAL BIKE IRA]I, COMMERCL4 EA: 19N AC.
60'RO.W. •, Ro�n� „�
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OFFICE ARE4. 8.97 AC-
lin -4WOS w� wi.ommn.mw
SINGLEFAMILYAREA 40.99AC.
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SING1LEFAMILYARPoA 9.94 AC.
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t wit-15��F LOiP�wiu.�mn
CONCEPTUAL --ANNETTE HATTNER P.m� sda
DEVELOPMENT PLAN ; ' OS EGO,IL 0543
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nmosr� =, 910 OSWEGO,IL 60543
HATTNER PROPERTY
Yorkville,Illinois
SITE
CONIMF.RCIAL -
A6 s.F. SINGLE FAMILY
14.00 Ac. ',(X*S.F.LOTS -..
l.7XI50nT, -
104I PIS
a0'R.O.W.
D1 I ��
Lu
AUX SABI-Pt REEK —
FLOOM AV SITE DATA
REGIONAL BIKE'I RAIL TOTAL AREA 62.68 AO.
60'R.O.\\'. :s+..e
COMMERCIALnREA 14M AC.
•��•m,vaSF�u,uw.vv.aiv..
""LE FAMILY AREAr 65.87 AC.
Cmm�P, ,>6tlpI�LOI S'��e.mn.
CONCEPTUAL � e.
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DEVELOPMENT PLAN ! f %�� 4SSErRER60543 Mn+
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MPI - Yorkville South
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aU ' WALKER RD.
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March 14, 2008
Staff redline April 24. 2008
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
PRE-ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT TO THE
UNITED CITY OF YORKVILLE
HATTNER FAMILY TRUST
(East side of Route 47)
THIS AGREEMENT is made and entered into this _ day of , 2008
by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), and the
HATTNER FAMILY TRUST, of the County of Kendall, State of Illinois (hereinafter referred to
as "OWNER/DEVELOPER'), which is the OWNER/DEVELOPER of the real property
hereinafter referred to as the "PROPERTY":
WITNESSETH
WHEREAS, OWNERIDEVELOPER is the owner of real property which is the subject
matter of his Agreement comprising approximately 79_88 acres, more or less, and is_more_ - Deleted: said
particularly describedQ the attached Exhibit `_`A", which is incorporated herein by reference_ _ _ - _ _ - Deleted: in
and
"EREAS, the subject territory is not located within the corporate boundaries of any
other municipality; an4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . comment [rMl]: TmaprnpertY 'annl
currently contiguous to the City. This
Agreement is a`Tre-Annexation'•
WHEREAS, OWNER/DEVELOPER desires to annex into the CITY the PROPERTY Agreement and will be subject to
« " contiguity. This recital shouldbe
describedgn the attached Exhibit A and depicted�n the Annexation Plat which is attached_ removed and replaced with appropriate
hereto and incorporated herein as Exhibit "B" The CITY Plan Commission has considered the ~ the language.
Petition to Annex and Zone and positively recommended the same, subject to contiguity to the ; Deleted: in
City boundary, and the City Council has heretofore both requested and approved the proposed Deleted: in
land use and the zoning of the same at the request of OWNER/DEVELOPER and with the
approval of the CITY; and
1
WHEREAS, the CITY Fagrees to allow4he real property described in the attached Exhibit _ - - - Deleted: has agreed
"C" to be zoned for Planned Unit Development (PUD) allowing uses permitted within the B-2 Deleted: Flex inning permiting
General Business Districto- a maximum of twenty eight_(HI acres located immediately_ _ _ _ _ _ _ _ Deleted: as to a
contiguous to the east side of the right-of-way of Illinois State Route 47 as it exists on the date of
CITY execution of this Pre-Annexation/Planned Unit Development Agreement; and, the CITY _ _ - - Deleted: and
agrees to allow use permitted within the R-4 General Residence District}br the realproperty _ _ _ - - - Deleted: has agreed
described in xhibit "D�',L a maximum of fourteen 514) acres located immediately east of and _ _ ` Deleted: Most zoning permitting
contiguous to the aforementioned B-2 General Business District Parcel; and the CITY has `� comment [TM2]: staff
agreed to allow lases permitted within the R-2 One Family Residence District for the real recommends a revised concept
- - - - - - - - - - - PM Plan be prepared to
described in the attached Exhibit "E ' mmediatel easterl and adjacent to the above it depict the language stated
property ' - - - - - - - y- - - - -y - - - - ']- - - - - - - - - - - - - - - 1, , in this agreement . To date,
described parcels, but in no event to exceed sixty five (65) acres of the real property; and III I there have been 3
1l , alternative concept plans
submitted and a request to
WHEREAS the CITY desires to locate a sanitary pump station alone with regional 'o `I allow portions of each in
d I the preliminary/final plan.
interceptors and forcemains within the Property; and Father than including 3
'I , concept plans to this
I' ' agreement , staff prefers 1
WHEREAS a branch of the Middle Aux Sable Creek crosses the Property and is parallel
';, '` to avoid confusion.
to the southern boundary of the Property; an ',� Deleted: to be zoned R-4 General
It Residence District as to
WHEREAS the City's Comprehensive Plan identifies the Middle Aux Sable Creek as an ', Deleted: Flex Zoning permitting
open space corridor; and Deleted: to be zoned for R-2 One
Family Residence District
WHERAS the City's Comprehensive Plan Design Guidelines identifies Illinois State
Route 47 as a `Gateway Corridor'; and
WHEREAS all parties to this Agreement acknowledge the City has approved Ordinance
2007-24 approving `Annexation and Planned Unit Development Agreement (Yorkville South)",
and said agreement includes provisions related to public infrastructure which, as contemplated in
said agreement will benefit the Subiect Property; and
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the land heretofore described will be annexed to the CITY in an orderly manne r-;rand _ - - Deleted: ,
WHEREAS, OWNER/DEVELOPER and its representatives have discussed the proposed
annexation and have held a Public Hearing with the Plan Commission, and The City Council,
prior to the execution hereof, duly published and held a public hearing was held to consider this
Agreement in front of the City Council, as required by the statutes of the State of Illinois in such
case made and provided.
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11-15.1-1 ,pt_ seu. (2006), relating to Annexation Agreements, the parties hereto wish to _ , - Deleted: through 51.1-512.0061,
enter into a binding agreement with respect to the future annexation and zoning of the subject inclusive
Property and to provide for various other matters related directly or indirectly to the annexation
of the Property in the future, as authorized by, the provisions of said statutes; and
—2—
WHEREAS, pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have taken all further action required by the
provisions of 65 ILCS 5/11-15.1 .3 (2006) and the ordinances of the CITY relating to the
procedure for the authorization, approval and execution of this Annexation/Planned Unit
Development Agreement by the CITY.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11-
15.1-1 through 65 ILCS 5/11-15.1-5 (2006), as amended, as follows:
1 . ANNEXATION AND ZONING.
A Upon the Property becoming contiguous to the CITY the CITY shall adopt an . . . . . . Deleted: T
ordinance annexing to the City all of the real property described herein in the
attached Exhibit "A"; and the City in said ordinance shall zone the real property
designated in the attached Exhibit "A" to PUD subject to the further terms of this
Agreement as follows:
i. The real property described in Exhibit "C" is allowed uses permitted _ _ - _ _ _ _ - Deleted: i.
within the B-2 Service Business Zoning District Subject to the limitations _ Deleted: hereby zoned as
described by Exhibit "C-1". Deleted: and that the real property be
ii. The real property described in Exhibit "D" is allowed uses permitted allowed to be used for all of the uses
within the R-4 General Residence Zoning District subject to the allowed in that classification
limitations described by Exhibit "D-1".
iii. The real property described in Exhibit "E" isallowed used permitted_ _ _ _ tt- _ - Deleted: <iti¶
within the R-2 One Family Zonm District subject to the limitations `„ il. The real property described m Exhibit
y —� —� \, "D" is hereby zoned as R.4 General
described by Exhibit "E-1" Residence District and that the real
property be allowed to be used for all of
J
the uses allowed in that classification.¶
2. SITE DEVELOPMENT " iii.
`` Formatted: Bullets and Numbering
t
` Deleted: hereby zoned as
A. �WNER/DEVELOPER shall develop the subject property in terms of Preservation _ _ Deleted: and that the real property be
of open space, protection of the Aux Sable Creek corridor on the south boundary_of the _ °,
allowed to be used for all of the uses
property, and installation of a trail system in general conformity with the Planned Unit ` allowed in that classification
Development once t Plan dated which was prepared by Schoppe _ _ _ Deleted:
Design Associates and which is attached hereto and incorporated by reference as Exhibit ` Deleted: S.
"F" Deleted: c
Deleted: Preliminary
B. AWNER/DEVELOPER shall be responsible_for providing landscaping, in _ _ _ _ _ _ _ _ _ _ _ Deleted: C.
conformance with CITY standards along all perimeter boundaries of the subject
pTOperiy. Deleted: No permanent trees covering
c - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - utilities shall be Planted on the right-of-
way adjacent to the subject real property.
C. QWNER/DEVELOPER shall establish the landscape buffer along Illinois State_ _ _ _ _ _ - _ Deleted: D.
Route 47 behind the proposed Right-of-Way expansion line of the Illinois Department
—3—
of Transportation. Said buffer shall be a minimum of 25 feet in width: and -
D. OWNER/DEVELOPER shall incorporate and apply all `Site Planning Principles' as
defined by the CITY'S "Comprehensive Land Use Plan Update Southern Study Area"
Design Guidelines a copy of which sections are attached hereto and made a part hereof.
E. OWNER/DEVELOPER shall relocate the existing overhead utility lines alone the
Illinois State Route 47 frontage of the Subject Real Property prior to issuance of any
building permit for the property. Said relocation shall include obtaining any and all
necessary permits and approvals for the utility relocation and OWNER/DEVELOPER
shall be responsible for all costs associated with said relocation
F. OWNER/DEVELOPER agrees to provide a cross-access easement allowing the
adiacent property to the north to access to and across the commercial portion of subject
PROPERTY as described by Exhibit "C" at the time of Final Plat of Subdivision.
Formatted: Bullets and Numbering
G. OWNER/DEVELOPER agrees to incorporate into the Preliminary Plan a design to
de-channelize and meander the creek alignment, including adequate means of stream
bank erosion stabilization and provide naturalized seeding of floodplain
H. OWNER/DEVELOPER agrees due to the sensitivity of the Aux Sable Creek
Watershed additional methods for Non-Point Source Pollution prevention will be
necessary and furthermore agrees to incorporate Best Management Practices (BMPs) to
the Preliminary Plan as deemed appropriate by the City at the time of Preliminary Plan
submittal Said (BMPs) and other improvements required to enhance the Aux Sable
Creek shall follow the guidelines identified by the Mid Aux Sable Creek Watershed Plan
I. OWNER/DEVELOPER agrees to construct and fund the trail design including the
trail and a minimum of two (2) pedestrian bridges over the Middle Aux Sable Creek for
to be near Route 47 and Penman Road trails.
Deleted: E.
J. OWNER DEVELOPER agrees that in all respects the subject_PROP- - - -ERTYshallbe- ,
developed in conformance with the terms and conditions of the Yorkville Zoning
Ordinance, Subdivision Control Ordinance, Stormwater, and all other applicable
Ordinances.
Deleted: l. .
K. OWNER/DEVELOPER, and successors, heirs and assigns hereby agree that prior to_,
development taking place on the PROPERTY, a site development plan shall be
submitted along with approval of Preliminary Plat of Subdivision and Preliminary
Engineering as well as Final Plats of Subdivision and Final Engineering prior to
OWNER/DEVELOPER commencing construction on said PROPERTY.
L. The OWNER shall dedicate a site for the Aux Sable Creek sanitary pump station and
—4—
execute all necessary easement documents for said site. The location of the site and
easements shall be consistent with the location depicted on Exhibit " " of this
Agreement. All easement documents shall be prepared by the CITY at CITY expense.
OWNER shall sign said easements within 45 days of a written request from the CITY.
Furthermore, within 45 days of a written request from the CITY, which includes legal
descriptions and exhibits as necessary, the OWNER/DEVELOPER shall grant
permanent and temporary construction easements as necessary for the construction of
extension of City utilities and appurtenances and/or other utilities to serve the subiect
property and other properties within the City of Yorkville
M. Within 45 days of a written request from the United City of Yorkville, which
includes legal descriptions and exhibits as necessary, the OWNER/ DEVELOPER shall
convey Warranty Deed, fee simple title of future highway or road right of way to the
State of Illinois, Kendall County or the United City of Yorkville as necessary, regardless
of whether or not these right of way needs have been previously identified in this
agreement Such request for conveyance of right of way shall have no impact on any
previously entitled land development density.
Deleted:
Deleted: of said parcel
3. CITY'S AGREEMENTS. J Deleted: In me event the parcel of real
A. ,
i/ property as described in Exhibit "D" is
I developed consistent with the R-4
The CITY agrees that as to any of the non-residential use and Zoning_ - _ _ _r , General Residence District and/or the
classification areels OWNER/DEVELOPER has no obligation to a ; r parcel designated B-2 General Business
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Py - - - r District as to a maximum of twenty eight
School Transition Fees or Se Got NI k Land-Cash Fees. ' (28) acres located immediately
u T eOWNER/DEVELOPER shall a Land-C ash Fees for schools and contiguous to the east side of the right-of-
` - - .}? y- - - - - - - - - - - - - - - - - - - - -( way of Illinois State Route 47 as it exists
parks at the time of Building Permit Application. For each dwelling unit _ _� on the date of CITY execution of this
Alf ees listed on attached Exhibit " "shall be char ed and aid likewise 'it Annexation/Planned Unit Development
- - - - - g - - - - - - - - - - - - - - -ti Agreement; and has agreed to allow Flex
at the time of application for each respective building permit. The amounts it Zoning permitting the real property
listed in Exhibit " " will remain for a period of 5 years commencing on 11,i described in Exhibit "D" to be zoned R-4
p General Residence District as to a
the date of this Agreement. Following said five (5) year period, the 'p' maximum of fauna= (14) acres located
OWNER/DEVELOPER shall be responsible to pay said fees at a rate �11 immediately cast of and contiguous to the
currently required by the CITY. pII B-2 General Business District Parcel;
1`II and has agreed to allow Flex Zoning
yp permitting the real property described in
r� OWNER/DEVELOPER shall be required b THE UNITED CITY OF 1�' the attached Exhibit"E" to be zoned for
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ y _ _ _ _ _ _ P�' R-2 One Family Residence District
YORKVILLE to hook- - to the City Water and Sanitary Sewer System at the '� �n above described par and but in o clie t to
time of improving the subject property, and shall be responsible for the cost of u`` to exceed a sixty parcels,but info event
P g J P �� a`„ to exceed sixty five (65) acres of the real
main extensions to the PROPERTY if said mains do not touch the PROPERTY. ', lot property Flex Zoning provisions
In the event the real Droperty described by the Yorkville South Annexation and lit, contained herein,
I lit
Planned Unit Development Agreement approved by Ordinance 2007-24 ,„FofthisAgmemem t
constructs the water and sanitary sewer infrastructure described by Section 6 and ` 1' respective
to
Section 7 and applicable exhibits of said agreement the OWNER/DEVELOPER It ', other
shall pre-Day City Sanitary Connection Fees and City Water Connection Fees as it currently in FthCv'
he
described by said agreement a copy of which sections are attached hereto and t Agreement or
t d District of ment
made a part hereof.
Del eted:
—5—
C. Upon annexation to the CITY, the OWNER/DEVELOPER will receive police
protection, 911 service,r,.and-al Lservicesas_providedbyCITY-to-its_property - - - - - - -
Deleted: warersanR sewer
owners and residents.
D. The CITY will require the OWNER/DEVELOPER to annex to Yorkville Bristol
Sanitary District prior to the time of applying for a building permit seeking to
(}r'ook up to the Sanitary District and the CITY Sanitary Sewer System.
j - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -1, — ' Comment [TM3I: Staff recommends
deleting this provision - An economic
incentive agreement may be entered into
in the future based on the needs of the
4. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. developmemandmeritsoftherequest —
t without a fm development plan, idea of
` users or even a timeframe for when this
It is specifically understood and agreed that OWNER/DEVELOPER and its successors development may occur, it would be
and assigns shall have the right to sell transfer, mortgage and assign all or any part of the premature to identify terms as part of this
pre-annexation agreement.
subject property and the improvements thereon to other persons, trusts, partnerships, Deleted: E. CITY will Permit an
firms, or corporations, for investment, building, financing, developing and all such Economic Incentive Agreement to be
requested by OWNER/DEVELOPER for
purposes, and that said persons, trusts, partnerships, firms, or corporations shall be the benefit of the parcel zoned B-2
entitled to the same rights and privileges and shall have the same obligations as General Business District as to any
portion of the off-site, signalization on-
OWNER/DEVELOPER under this Agreement and upon such transfer, the obligations site or collector costs, stormwater
pertaining to the property transferred or sold shall be the sole obligations of the detention costs, Route 47 tapper or right-
transferee, except for an performance bonds or guaranties posted b an Agreement improvements, pursuant of Sao such
p y p gD p y an Agreement out of/: of any Sales Tax
OWNER/DEVELOPER on any subdivided or unimproved property for which an Receipts from users on the subject site
acceptable substitute performance bond or letter of credit has not been submitted to the inconformity with the United City of
p p Yorkville Commercial Incentive Policy in
CITY. existence at the date of this Agreement.
5. DORMANT SPECIAL SERVICE AREA and PROPERTY OWNERS ASSOCIATION
Owner/Developer agrees to incorporate covenants into the final subdivision plat that
provide for the formulation of a Property Owners Association to be responsible to
maintain all common facilities including but not limited to, Drivate common areas,
detention ponds perimeter landscaping features and entrance signage within the Subject
Realty.
Owner/Developer agrees to the City enacting at the time of final plat approval, or
anytime thereafter, a Dormant Special Service Area (DSSA) to act as a back no in the
event that said Pro ert Owners' Association fails to maintain the Common Facilities
including but not limited to private common areas, detention Bonds, perimeter
landscaping features and entrance signage within the Subject Realty. Owner/Developer
agrees to execute any and all documentation necessary or proper to create the Dormant
Special Service Area and pay any and all fees, including legal expenses, for the
preparation and approval of said documentation.
TIME OF THE ESSENCE. _ Deleted: s
—6—
i
It is understood and agreed by the parties hereto that time is of the essence of this
Agreement and that all of the parties will make every reasonable effort4o expedite the - - - Deleted: including the caning er sPee�ai
subject matter hereof. It is further understood and agreed by the parties that the meetings,
successful consummation of this Agreement requires their continued cooperation.
COVENANTS AND AGREEMENTS. Deleted: 6
The covenants and agreements contained in this Agreement shall be deemed to be
covenants running with the land during the term of this Agreement shall inure to the
benefit of and be binding upon the heirs, successors and assigns of the parties hereto,
including the CITY, its corporate authorities and their successors in office, and is
enforceable by order of the court pursuant to its provisions and the applicable statutes of
the State of Illinois.
BINDING EFFECT AND TERM. Deleted: 7
This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto,
and their successors and owners of record of land which is the subject of this Agreement,
assignee, lessees, and upon any successor municipal authorities of said city, so long as
development is commenced within a period of twenty years from the date of execution of this
Agreement by the CITY.
9. NOTICE. _ - - - Deleted:
Deleted: I
Any notices required hereunder shall be in writing and shall be served upon any other party in J Deleted: 8
writing and shall be delivered personally or sent by registered or certified mail, return receipt Deleted: .
requested, postage prepaid, addressed as follows:
If to the CITY: City Clerk
800 Game Farm Road
Yorkville, IL 60560
With a copy to: Kathleen Field Orr _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: ryn
800 Game Farm Road
Yorkville, IL 60560
To OWNER/DEVELOPER:
Annette Harmer
12924 E. 240U' St.
Annawan, IL 61234
With a copy to: Law Offices of Daniel J. Kramer
—7—
1107A S. Bridge St.
Yorkville, IL 60560
or to such other addresses as any party way from time to time designate in a
written notice to the other parties.
10. ENFORCEABILITY. Deleted: I
9
This Agreement shall be enforceable in any court of competent jurisdiction by any of the
parties hereto by an appropriate action of law or in equity to secure the performance of
the covenants herein contained.
In the event any portion of said agreement becomes unenforceable due to any change in
Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in
full force and effect.
11 . _ _ ENACTMENT OF ORDINANCES. Deleted: io
The CITY agrees to adopt any ordinances which are required to give legal effect to the
matters contained in this Agreement or to correct any technical defects which may arise
after the execution of this Agreement.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
_ day of , 2008.
UNITED CITY OF YORKVILLE
By:
Valerie Burd, Mayor
Attest:
City Clerk
OWNER/DEVELOPER:
HATTNER TRUST 1
By:
Attest:
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
—9—
EXHIBIT LIST
Exhibit "A" Legal Description
Exhibit `B" Annexation Plat
Exhibit "C" B-2 General Business District
Exhibit "D" R-4 General Residence District
Exhibit "E" R-2 One Family Residence
Exhibit "F" Schoppe Design Preliminary PUD Plan dated:
—10—
'��o orrrT United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
y Telephone: 630-553-4350
.ao Fax: 630-553-7575
CE
PC #
APPLICATION & PETITION
ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST
Development Name: Hattner Date of Submission: Amended 12 ( 10 /07
Requesting: ])(Annexation [)(Zoning 0 Planned Unit Development
(] Special Use:
1 . Name ofPetitioner(s): Hattner Trust # 1
Address: 45 Settlers Lane Oswego IL 60543
Phone Number: ( 630 ) 941-0323 Fax Number:
Email Address:
Relationship of Petitioner(s) to subject property:
ROwner pgDeveloper 11 Contract Purchaser
2. Name of holder of legal title, if different from #1 : N /A
If legal Otle is held in a Land Trust, list the names of all holders of any beneficial interest
therein: Annette M Hattner . Marie Hattner;
3. a). (i). Street address and physical location of subject property:
Route 47
(ii). Zoning of surrounding parcels:
North: Kendall County A-1
South: Kendall County A-1
East: Kendall County A- 1
West: Kendall County A- 1
b). Legal description of property; attach as Exhibit "A".
c). Total Acreage: 80 . 340
d). Kendall County Parcel Numbers) of property: 05-21 -400-005
e). Current Zoning Classification: Kendall County A- 1
f). Zoning Classification Requested: . See_ attached sheet
g). Is this properly within City limits? Yes X No, requesting annexation
Page 1 of
United City of Yorkville Anneeation,PUD,Zoning,Special Use Application Revd: 11/28/06
Zoning Classification Reguested: PUD with flex zoning within the proposed PUD
Agreement providing for a maximum of 28 acres B-3; a
maximum of 14 acres of multi-family zoning and a
maximum 51 acres R-1 Single Family Residence
District Zoning
4. Names and addresses of any adjoining or contiguous landowners and landowners within 500'
entitled to notice of petition under any applicable City ordinance or State Statute:
Attach a separate list and label as Exhibit "B".
5. List all governmental entities or agencies required to receive notice under Illinois law:
6. Lest the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses
located on subject property to be annexed: N /A
7. Does a flood plain exist on the subject property? no
8. Do Electors reside on the subject property? no
If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a
resident of the parcel who is a registered voter. Legal owners of the annexing parcel must
sign the petition regardless of place of residence or legal voting status.)
9. Contact Information: Name, address, phone number, fax number, and email address of person to
whom inquiries regarding this petition may be directed:
Attorney Daniel J Kramer phone : 553-9500 fax : 553-5768
1107A S Bridge Street Yorkville IL 60560
Attorney: Name: Daniel J . Kramer
Address: 1107A S . Bridge Street , Yorkville, IL 60560
Phone Number: 630-553-9500 Fax Number. 630-553-5764
Email Address: Dkramer @dankramerlaw . com
Engineer: Name: PhIOR Q,- Young & Associates
Address: 1107B S Bridge St Yorkville IL 60560
Phone Number. 553-1580 Fax Number. 553-1685
Email Address:
Land Planner: Name: Schoppe Design Associates
Address: 126 Main Street Oswego IL 60543
Phone Number. 551 -3355 Fax Number: 551 -3639
Email Address: mschopRe@schoppe . net
Page 2 of 5
United City of Yorkville AnnexationXUD,Zoning.Special Use Application Revised: 11/28/06
10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary
committee meetings. An incomplete submittal could delay the scheduling of your project.
a. Original application with legal description plus 40 copies.
b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route,
Step 1 , Fees" and/or contact the Deputy. Clerk for verification of this amount).
c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope
In witness whereof the following petitioner(s) have submitted this application under oath and
verify that to the best of their knowledge its contents are true and correct and swear that the
property to be annexed is contiguous to the United City of Yorkville.
Date: 1 C) i
Petitioner(s) Signature: (All legal property owners signatures must appear on this application.)
A -- -
Subscribed and sworn to before me this (o+h day of OLtC)-ti� 200Z_.
cum K4NSM
,STAE1�S.t
THIS A PPLICA TION MUST BE NOTARIZED.
Page 3 of
United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04
ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST
PETITIONER ROUTE
Step 1 : Petitioner must submit a completed application, fees' and all pertinent materials to the Deputy
Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for
making submittals to other review agencies such as Kendall County, Illinois Department of
Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow
timely review by City.
*Fees: a. Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre
over 5 acres
b. Rezoning only - $200 plus $10 per acre for each acre over 5 acres
c. Special Use - $250 plus $10 per acre for each acre over 5 acres
d. Engineering Review Fees - 1 .25% of the approved engineers estimate of cost
of all land improvements, to be determined by City Engineer.
e. Planned Unit Development fee - $500
f. Engineering Review Deposit - up to 1 acre = $1 ,000;
over 1 acre but not over 10 = $2,500
over 10 acres, but not over 40 = $5,000
over 40 acres, but not over 100 = $109000
over 100 acres = $20,000
g. Deposit for Outside Consultants - under 2 acres = $1 ,000
2 to 10 acres e: $28500
over 10 acres = $5,000
Note: Ow ner/Developertyill be responsible for payment of recording fees and
costs, public hearing costs iriciuding a written transcription of public
hearing and outside consultant costs (i.e. legal review, land planner,
zoning coordinator, environmental, etc.). Should Owner/Developer not
pay these fees directly, they will be responsible for reimbursing the United
City of Yorkville for the aforementioned fees and costs.
Note: You must present your plan at each of the meetings below as indicated.
Step 2: Plan Council: The Plan Council meets the 2nd and 0 Thursday of the month at 9:30 a.m. in the
City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan
Commission Meeting. Attendees to this meeting include: City Administrator, Community Development
Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep,
Public Works Director, Director of Parks and Recreation, Fire Department Rep, and Police Chief.
Step 3: Park Beard Planning Meeting: The Park Board makes recommendations on any Park Sites
included in residential developments. The Park Board Planning Meeting is the fourth Thursday of each
month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street.
Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00
p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the
City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the
City Attorney and City Land Planner.
A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request
or Special Use request. Notice will be given by publication by the United City of Yorkville in the
Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500
feet of the subject property no less than fifteen days and no more than 30 days prior to the public
hearing date, A certified affidavit must be filed by the petitioner with the City Clerk's office
containing the names, addresses and permanent parcel numbers of all parties that were notified.
Page 4 or 5
United City or Yorkville Annexation,PUD2oning,Special Use Application Revised: 1 !/28/06
Step 5 - only required for annexation agreements or PUD agreements: City Council public hearing:
The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City
Hall.
A Public Hearing will be held at this time for the Annexation Agreement andlor Planned Unit
Development Agreement. Notice will be given by publication by the United City of Yorkville in the
Kendall County Record. A certified mailing to surrounding landowners is not required for this
public hearing. Any annexation agreement, PUD agreement or development agreement must be
signed by the Petitioner prior to being voted on by the City Council.
Step 6: Economic Development Committee and Committee of the Whole: The Economic
Development Committee and Committee of the Whole meets the third Tuesday of the month at 7:00 p.m.
in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the
Committee of the Whole where no formal voting takes place. This session is to discuss and consider
recommendations of prior committee meetings.
Step 7: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council
Chambers at City Hall. This is where all City Council voting takes piece.
Agreement:
I understand and accept all requirements, fees as outlined as well as any incurred Administrative and
Planning Consultant Fees which must be current before this project can proceed to the next scheduled
committee meeting.
Please sign and return this original (retaining a copy for your records) to the Deputy Cierk, United City of
Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560.
Date: t O h (o 1 U :J
Signature ofrPEtffioner
Page 5 or 5
United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised! 11/28/06 -
t
LEGAL DESCRIPTION
THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION
21 , TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST
CORNER OF SAID EAST HALF; THENCE SOUTHERLY, ALONG THE EAST
LINE, 1,401 .21 FEET TO A POINT THAT IS 1,245 .6 FEET NORTH OF THE
SOUTHEAST CORNER THEREOF; THENCE WESTERLY, AT AN ANGLE OF 90
DEGREES, 23 MINUTES, 18 SECONDS MEASURED COUNTERCLOCKWISE
FROM THE LAST DESCRIBED COURSE, 370.32 FEET; THENCE SOUTHERLY,
AT AN ANGLE OF 90 DEGREES, 23 MINUTES, 18 SECONDS MEASURED
CLOCKWISE FROM THE LAST DESCRIBED COURSE, PARALLEL WITH SAID
EAST LINE, 8.40 FEET; THENCE NORTHWESTERLY, AT AN ANGLE OF 86
DEGREES, 57 MINUTES, 37 SECONDS MEASURED COUNTERCLOCKWISE
FROM THE LAST DESCRIBED COURSE, ALONG THE CENTER OF MIDDLE
AUX SABLE CREEK, 691 .65 FEET; THENCE CONTINUING NORTHWESTERLY,
AT AN ANGLE OF 183 DEGREES, 15 MINUTES, 36 SECONDS MEASURED
CLOCKWISE FROM THE LAST DESCRIBED COURSE, 270.0 FEET TO THE WEST
LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE
NORTHERLY , AT AN ANGLE OF 96 DEGREES, 20 MINUTES, 00 SECONDS
MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE,
ALONG SAID WEST LINE, 1,337.20 FEET TO THE NORTH LINE OF SAID
SOUTHEAST QUARTER; THENCE EASTERLY, ALONG SAID NORTH LINE,
1,330. 17 FEET TO THE POINT OF BEGINNING, AND ALSO, THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION21 , TOWNSHIP 36
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST
OF THE EASTERLY RIGHT-OF-WAY LINE OF THE FOX AND ILLINOIS UNION
RAILROAD COMPANY, ALL IN THE TOWNSHIP OF KENDALL, KENDALL
COUNTY, ILLINOIS, CONTAINING 80.335 ACRES.
Reviewed By: Agenda Item Number
J= y � � Legal ❑ New Business#3
f� Finance ❑
EST. , 836
Engineer ❑ Tracking Number
0 City Administrator ❑
`20 Consultant ❑ PC 2007-42
<ILE N F1
Agenda Item Summary Memo
Title: Jake Land Group (The Shoppes South of the Fox)—Annexation, Zoning & Concept
PUD Request
Meeting and Date: EDC 5/1/08
Synopsis: Request for Annexation/PUD Agreement, PUD Zoning, & Concept PUD Plan.
Council Action Previously Taken:
Date of Action: 2/13/08 Action Taken: Plan Commission Public Hearing
3/25/08 City Council Public Hearing
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Travis Miller Community Development
Name Department
Agenda Item Notes:
See attached report.
C`p y
IZI� '! 1 Memorandum
To: EDC
EST h 1836 From: Travis Miller/Stephanie Boettcher
1`� CC: Lisa Pickering (for distribution)
0 «y� O� Date: April 25, 2008
K,mac ® Subject: PC2007-42 The Shoppes South of the Fox (Annexation & Concept PUD)
<GE
Backeround
The Plan Commission reviewed the annexation, PUD zoning classification and the Concept PUD
Plan February 13, 2008 and made the following actions:
- Motion to recommend annexation. 6 ayes; 0 no
- Motion to recommend PUD zoning classification for all land uses proposed by the
Concept Plan including a daycare and a gasoline service station.
6 ayes; 0 no
- Motion to recommend approval of the proposed Concept PUD Plans with a
preference for Plan 1 subject to staff comments.
6 ayes; 0 no
Comprehensive Plan recommendations for the property:
The 2005 Comprehensive Plan Update, Southern Study Area, proposes five land uses for the
subject property,
• Commercial use south of Route 126 and the western half of the PUD north of
Route 126 (west of existing Wing Road)
• Transitional Neighborhood use east of Wing Road
• Neighborhood Retail use surrounding the intersection of Route 71 and the
proposed Penman Road extension
• Suburban Neighborhood use east of the intersection of Route 71 and the proposed
Penman Road extension in the eastern portion of the PUD fronting Route 71 .
• Park/Open Space use in the southwest portion of the PUD area.
Two land uses comprise the majority of the subject property, Commercial and Transitional
Neighborhood.
The Comprehensive Plan, for Commercial, states:
"Commercial Land Use . .. intends to promote market-sensitive development of commercial uses
within strategically located areas to efficiently, effectively, and conveniently serve the growing
local population while reinforcing the importance of the United City of Yorkville as a regional
center. "
The Comprehensive Plan, for Transitional Neighborhood, states:
"The Transitional Neighborhood establishes a medium-density setting that includes a mix of
residential uses within masterplanned communities. These masterplanned communities can
have neighborhoods of varying densities, open spaces and carefully integrated commercial
uses ... Transitional Neighborhood can be designed to provide intermediary space between lower
density residential areas and non-residential areas allowing greaterflexibility of development
adjacent to areas subject to development pressures. Gross residential density ... should be
between 2.25 and 3.50 dwelling units per acre. "
Staff Comments/Recommendations:
• When the concept plan was brought before staff and the Plan Commission in
July/August of 2007, concerns were raised in regards to the full access point
proposed on Route 126 south of the Route 71/Rome 126 intersection. This
spacing was not consistent with the IDOT spacing standards and it was
suggested by staff to modify the plan to comply with IDOT standards. The
current Conceptual PUD Plans propose two full access points along Route 126
south of Route 71 . The spacing has been increased from 500 feet to
approximately 740 feet, which remains to be deficient from IDOT standards,
however, staff recommends supporting the spacing request to IDOT based on
the current land plan.
• Staff recommends the concept plan(s) include future access points to, and
through the three `not included' areas depicted on the plans to ensure these
properties will be able to develop in conformance with the layout of the
proposed Windmill Farms development plan.
• Design Guidelines from the 2005 Comprehensive Plan Update, Southern
Study Area should also be required of this PUD, particularly focusing on one
architectural style to serve as a cohesive element among the PUD. The more
intense commercial/retail uses occurring around the two major intersections in
the PUD, Route 71/Route 126 and Route 71/Proposed Penman Road could
include taller buildings, potentially second/third floors and architectural
elements enhancing the `nodes' . The Transitional uses along the periphery of
the PUD should have a more residential character, single story and reflective
of the surrounding residential architecture in conjunction with the PUD
architectural character.
• The Comprehensive Plan identifies Route 71 and Route 126 as "gateway
corridors." Given this distinction, attention should be given to the
landscaping along these routes along with providing trails/sidewalks to
connect into the surrounding residential properties' networks. Signage design
and locations should also be addressed in the Concept PUD by providing
general guidelines and design theme.
• Special Uses
o The Concept Plans each propose a Gas Station and Daycare use
which are defined as special uses by the Zoning Ordinance. The
PUD zoning allows for these uses to be permitted within the PUD.
r
Iv
'�,.. r..
°• FOX
I IGHARD YOUNG'
FORFS7 PFFSFR'V,F ti+ +
LJ
1=
7 Op
OUT ;._•.1
J ■
Th h ppes
QV s h of Fox
t
RRIS
REST � 6 V
sERVE
i
i
� PENNMAN RD LOCATION MAP
WINDMILL FARMS VA•EN0.,DVRD
Yorkville, Illinois l hots LOT 2
46,800 S.F.
LOT 3 4.03 Ac- / ,.•
12,050 S.F. 198 STALLS PROV09ED -SITE
LOT 1.57 Ac. /.x `�
1$500 S.F. 83 STALLS PROVIDED t
/ _ 1
LOT 5 69 STALLS PROVIDED
8,800 S.F.
1.42 Ac. '� y
74 STALLS PROVIDED
MC KENNA LOT 1
A-1 LOT 6 a\ n9N�i 12,100S.F.
14,850 ST. Q\ 1 3,w 1.66 A0.
1.73 Ac, �1,\\,. r a 65 STALLS PROVIDED
LOT 7 78 STALLS PROVIDED
15.500 S.F. n `} L&DBOWMAN
1A80S.F. - I (_ {
6I STALLS PROVIDED Q�, L IQ _ fall` TRUST
''.
LOT S Q ��
2}5 Ac
LOT 9 W STALLS PROVIDED / / ° / (• )),• q SITE DATA
11,850 S.F. /"' %. de 1e. ,i PEIVNMAN RD
EDWARD 46 Ac. TO�zaau TO Proposed Land Use-B31 R4
-- Total Site Area 91.36 Ac.100.00%.
55 STALES PROVIDED .J
HEALTH CARE LOT 10 EAST PARCEL
POD LOT 15 -.1 `/ I I 21,000 S.F. Land Use Acres
5.600 S.F. k- `-� \ 1.69 Ac. Total Area
1.71 Ac. __ f1 - � -[� 74 STALLS PROVIDED 5192 AC. 5883%
LOT 16 23S LS PROVIDED ���tiL � A,' V ` rJ G ComreemilSF W.19Ae. 3981%
�� - �1,. 1nrme \ � �� - LOT 11 Seel grard
Weer Manan Rd 115Ac. 126%
/ Storm Water Management 16,36 Ac, 15.]2%
6,200 S.F. (� {� 6.000 B F.
0.89 Aa EGA\ F \ 1 "` W 0.71 Ac. Miser Open Space 0.22 Ac, 024%
33S"FALLS PROVIDED A, F ywM .".
LOT 17 / �''.,v k / o °'- ` a 1 � _ 35 STALLS PROVIDED
•Q - `1 7 _ Q, ( WEST PARCEL
S 71 A 5 F �� •� �..,, A-� --fy- - �Q 1�--1 0.4 0 0 ELI Land Use Acra,
401 SIA6LSTTOTAL Total Arco 39.44 Ac. 43.1]%
GEORGE E.
BLOCK 2LU Aa 23,25%
LOT IS - yfi�T Q tt�� ]/�1�� / 1� �,- nn� y-C cam eeoiall
3,000 S.F. �' `J I � V �- } A-1 Age ResirlcteJ TawnFwmes 1.75 Ac 1 92%
/(� i`1', tewa
1.15 Ac. °'f f Qn Q _ h_ ^ _Q _ y,IL Assorted L wn9 is..l 3.40 Ac 372%
51 STALLS PROVIDED 15 •., 4 V V `ry•I (� Uf Storm Waier Management 6.88 Ac. 7.53%
yL� `.� 1 y l Misc,OPan Spacer/EA.Pond 81]Ac 5.75%
FUTDRESTL'B ' _ S► ,, _
TO SIGNALED r y �� " _ ! Total Residential Units 115 Units
DWYER 10SIG ACED - VPT 1 r r�L' I ` Gross s Perer 12.33 Units
�] 'V� / 1 ' INCLUDED I- Gross Du Per AC. 1.ZB Units
17060 S.4. L� \ 'j y - (1. I GENERr1L ROTES
PROPERTY 4 ( t�0
B3 LOT 17 l`-.� 4��
1.71 Ac (TOTAL) - 4 -
1 t A N vw,HN,]LEPWaa. M Nq Wne
402 STALLS<TOr 1L1
g
LOT 17 _ S� �. -� � � 7� � -%-. - - �€�"��' _ x
8.71 Ac.(TOTAL) y... -:,c �� / r/ LOT 12 .m �ue, wmer sae. s iw, .ama
I 5 16. f ST STALLS(TOTA LOT 13
LOT17 ( r \ \�� 1.95 AC. 12.000 SF , per r+uP ne• n.er°w�a.wme-.m,w.v eem„��mu.e,,,,wwn,em+n
8 . 0 (TOTAL) fr -� - �I D 90 STALLS PROVIDED 1.53 Ac.
23,900 S.F. { ( N 5l STALLS PROVIDED
4025'1'ALUS(TOTALJ � LOT 25 �^iP�
VV �q-,'L.V LOT 24 8.600 S.F.
1.15 Ac.
yn maA ocr�nmew,m.
LO 11,600 S.F. 42 STALLS PROVIDED
11,85 T 3 SP.
/ 1.15Ae.
'
45 STALLS PROVIDED
v �
28 STALLS PROVIDED 7"
,3 CONCEPTUAL REV 18:813 00'
COUNTRY 9' ! LOT 23 Rms:01
LOT 20 ) 12:000 S.F.
HILLS I � TaSTiN > t � 1 t �,
12.000 5 1--
/p6,v yl I S 1.31 Ac.
30 200' IOV
R-Z Ii -- 32 STALLS PROVIDED PUD PLAN I
0.97 Ac,
32 STALLS PROVIDED 6 \ 9 T UNITS RAINTREE • 0 ma ^vraphlc9eale
0 Ac.
LOT 21 > _; - A126 STALLS PROVIDED SUBDIVISION
m,00o S.F. `-' i R-2 PUD PREPARED BY:
1.88 Ac. / AGE RESTRICTED
36 STALLS PROVIDED TOWN HOMES ENGINEERING: DEVELOPER:
161RJITS I 126 S. Main Street
EXISTINGTRFES 1.75 AC. CEMCON, Ltd. JAKE LAND GROUP Oswego, IL 60545
l: - :ere,.,.• p: 638 551-3355
23118 Sandpiper Cove Schappe Design Associates,Inc. a 635 551-3639
Plainfield,IL 60544 oPLANNtar.c rA,lolclin.rlrrcecTUSe sdioppedesign.net
� PENNMAN RD LOCATION MAP
7
FO
WINDMILL. FARMS °� °T° -
n 'D O
Yorkville, Illinois LOT '4 ! `
46,800 S.F. �" r r Q (� ]j r x
LOT 3 4.05 A, _
12,050 SF 198 STALLS PROVIDED '—SITE
a
LOT 4 gg STALLS PROVIDED
18,500 S.F.
1.42 Ac'
LOT 5 69 STALLS PROVIDED c -�
8.800 SE
1.4'A, :ryiit\G "Q 7
74 STALLS PROVIDED 7 LOT I.F.
MC KENNA ram
A-I LOT b � y 12.100 s
"S �' ry �'. - L66A,
14.850S.F. E , A - '•
173 Ac (( 65 STALLS PROVIDED
LOT 78 STALLS PROVIDED
15.500 SF. ' �, L&D BOWMAN
AS Ac. \ ' TRUST
61 STALLS PROVIDED
A-I
- _ LOT '.
14.700 S.F.
2.35 A, q SITE DATA
LOT 94 STALLS PROVIDED (,,�y�-},
'� s' \ ` Q��/.-may I • r�µg, IPET�WAN RD Proposed Land Use-B41 R4
11,850 S.F. .�. =yyh (}i/ �5� \+,, TO t'a'renDT° Total6ite Are a 91.36 AC.100.00%
EDWARD 1.46 AC -�� , CQ s ROUTE47
nn EAST PARCEL
55 STALLS PROVIDED "'� `-e .i
HEALTH CARE / � � '� • LOT 10 Land use Acres
PUD LOT 1$ 169 A S.F. Total Area 51.82 Ac. 56.83%
5,600!S.F. k�. - 3 5�%±a, \ Y Q 74 STALLS PROVIDED G m eer�l 36.19 Ac. 39.61%
1.71 Ao. 9� �/ / . ' V ss_
23 STALLS PROVIDED Realigned Pennman Rd. 115 Ac. 1.26%
LOT]6 - Stmm Water Management 1936 Ac. 15.72%
LOT 1I
6.2(10 S.F. i / szce f ^ Mist Open Space 022 AC. 0.20%
iS' 1-+ /� ,!S 6.000 S.F.
0.R9 kY \ (J Q V 1
0.71 Ac.
33 STALLSPROVIDEU Yty` \ su9d; �`� �'�. '�/ 35 STALLS PROVIDED WEST PARCEL
w. \ r �S� '.- 4 Y '� and Use cres
LOT 17 ?v `'s- -4//'-I Q
10.6005E qV \ � � \yQ - i
LOT 18 ` _ _ / Q Age Area 3944 Ac 03.17%
8A3 Ac.(TOTAL) Commemlel 1887 Ac. 20.44%
390 S3'AI,LS 70TA1 \ -- "(4 ` ' \ GEORGE E.
qN BLOCK Age Resiucied Townnames 365 AC. 9.21%
3,000 S.F. ne TF A-1 Asssted LNng revwr. 3.50 Ac. 3 MA
133 AO " r' ' h F (j v �1 •� Hold 3.30 Ac. 361%
Sfom Water Management 6.0O AC 69%
51 STALLS PROVIDED
Misc.Open Space/Dd.Pond 4.12 Ac 4 51%
FUTURE STUB �1} 4 \ yV� - Taal Residential Units 133 Units
T(131GN.4LED '-� ' Net Du.Per AC 18.10 units
DWYER ATERSERION� C1:..� -- .' LD, �., -
Gross Da.Per AC 1.d6 wits
s! }� \ L� NCI u�D �.
PROPERTY ,Q
C v
GENERAL RO ES
B3 '_ - .�
LOT 17 IQ Q
_ s y
67.800 S.F. s..a-
8.43 Ac(TOTAL)
390 STALLS(TOT AL 1 f T 1' / L LOT 12
16,750 SF. LOT 1 3 ------
1.95 AC. 12,000 S.F. 'wTV.e im ..wd m� ded..m,..�...aw'nw.m
LOT 17 ;.I /".,_ -� �' 90 STALLS PROVIDED 1.53 AC. a,s 4ea
37.200 S.F.
8.43 AC.(TOTAL) 51 STALLS PROVIDED
390 STALLS(TOTAL) d � J suz /(� �l LOT 23 8.600
- LOT 22 1.12A,
11,600 S.F. 42 S PALLS PROVIDED
s nwan�n�usa.er�wvmarsw=eaa
LOT 19 ��� �' 1.16 Ac.
99lJNITS 45 STALLS PROVIDED
3.50 Ac. `-! Qi. -LOT 21
137 STALLS PROVI DED r- - ���/ --
59ROOMS
-'
t'6 - 3.30A.. REV 16 013020
08
COUNTRY 147 STALLS PROVIDED Scale:l"=100
HILLS CONCEPTUAL 50 200 0
a
R_2
36, PUD PLAN 2
LOT 20
1,853 S.F. RAINTREE • V ma crapnmsw�e
c6 Ac. SUBDIVISION
/. 35 STALLS PROVIDED R-Z PUD PREPARED BV:
4 AGE RESTRICTED Ou
TOWN HOMES ENGINEEflING^. DEVELOPER: 126 S. Main Street
345 Ac. Oswego,IL 60543
EXISTING TREES 3.e5 Ac. cEmlcoN9 Lta. JAKE LAND GROUP
L 630 551-3355
23118 Sandpiper Cove SdFOPpe 11CSIgF1 Associates,
SCAPE A QFea,1NC, f: 630 551-3639
Plainfield,IL 60544 ineo rurwnc 6rnmoscnrr nacniTSCmar sd,appedezign.net
March 14, 2008
Staff redline April 24, 2008
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT TO THE
UNITED CITY OF YORKVILLE
WINDMILL FARMS
(Southwest and Southeast corner of the intersection of Illinois State Routes 126 and 71)
(JAKE LAND GROUP)
THIS AGREEMENT is made and entered into this _ day of , 2008
by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), and the
JAKE LAND GROUP, LLC, of the County of Kendall, State of Illinois (hereinafter referred to
as "OWNER/DEVELOPEW ), which is the OWNER/DEVELOPER of the real property
hereinafter referred to as the "PROPERTY":
WITNESSETH
WHEREAS, OWNER/DEVELOPER is the owner of real property which is the subject
matter of his Agreement comprising p _Toximately 91.36 acres, more or less and is more_ . . . . . . . . Deleted: said
particularly described in the attached Exhibit "A", which is incorporated herein by reference;
and
WHEREAS, a portion of theRROPERTY consisting of acres and described by - - - - - - Deieted: sub*t mmmry
Exhibit "A-1" is located contiguous to the corporate boundaries of the CITY. and is not located- - - - - - Deleted: ;
within the corporate boundaries of any other municipality and
WHEREAS a portion of the PROPERTY consisting of acres and described by
Exhibit "A-2" has previously been annexed to the CITY and zoned B-3 Service Business
District; and
WHEREAS, OWNER/DEVELOPER desires to annex into the CITY the PROPERTY
described in the attached Exhibit "A-1 " and depicted in the Annexation Plat which is attached
1
hereto and incorporated herein as Exhibit "B" The CITY Plan Commission has considered the
Petition to Annex and Zone and positively recommended the same and the City Council has
heretofore both requested and approved the proposed land use and the zoning of the same at the
request of OWNER/DEVELOPERt; and _ - _ _ _ - _ - - - Deleted: and with the approval of the
CITY
WHEREAS, the CITYag ees to allow4he real property described in the attached Exhibit _ _ - MDeleted: C has
to be zoned for Planned Unit Development (PUD) allowing uses permitted within the B-3_ _ ng permitting
Service Business District ,on a maximum of thirty-five (35) acres locatedpn the fast Parcel as _ _ „ ' -ddepicted on the Concept PUD Plan prepared by Scboppe Design Associates Inc and dated
revision 16. January 30, 2008; and, the CITY a ees to allow uses permitted within the B-3 _ _ _ _
�� Deleted: immediately contiguous to the
Service Business District,for the real property described in Exhibit "Con a maximum of twenty- �„ Deleted: east side
one (21) acres located on the West Parcel; and the CITYagreesto allowgses permitted within- w `
- -t ” �� Deleted: and
the R-4 General Residence District for the real property described in the attached Exhibit ",V"0n t\
a maximum of two (2) acres of the real property allowing an age-restricted age fifty-five and Deleted: has agreed
over single story townhomes; and the area located south of the B-3 and immediately east of the l'r Deleted: Flex Zoning permitting
aforementioned age restricted area allowing a multi-story assisted living facility consisting of " `o` Deleted: D°
approximately three and one-half(3 ''/2) acres with a minimum of ninety-nine (99) assisted living °,`��� Deleted: has
units allowed on the West Parcel as depicted on the Schoppe Design Associates, Inc. Concept '„ �\ Deletes: a
PUD Plan (Exhibit "E"), and
J Deleted: Flex Zoning Permitting
Deleted: E
WHERAS the City's Comprehensive Plan Design Guidelines identifies Illinois State Deleted: immediately easterly and
Route 71 and Illinois State Route 126 as 'Gateway Corridors'; and adjacent to the above described parcels,
but in no event to exceed
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the land heretofore described will be annexed to the CITY in an orderly manner; and
WHEREAS, OWNER/DEVELOPER and its representatives have discussed the proposed
annexation and have held a Public Hearing with the Plan Commission, and The City Council,
prior to the execution hereof, duly published and held a public hearing was held to consider this
Agreement in front of the City Council, as required by the statutes of the State of Illinois in such
case mad ' and Deleted: and provided
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11-15.1-1 through 5/11-15.1-5 (2006), inclusive, relating to Annexation Agreements, the - Deleted: 51.1-5
parties hereto wish to enter into a binding agreement with respect to theannexation and zoning _ _ - Deleted: future
of the subject Property and to provide for various other matters related directly or indirectly to
the annexation of the Property in the future, as authorized by, the provisions of said statutes; and
WHEREAS, pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have taken all further action required by the
provisions of 65 ILCS 5/11-15. 1 .3 (2006) and the ordinances of the CITY relating to the
procedure for the authorization, approval and execution of this Annexation/Planned Unit
Development Agreement by the CITY.
2
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11-
15.1 -1 through 65 ILCS 5 111-15. 1-5 (2006),,as fol lows- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Deleted: as amended,
1 . ANNEXATION AND ZONING.
A. The CITY shall adopt an ordinance annexing to the City all of the real property
described herein in the attached Exhibit "A-1 '; furthermore, the City�shalI adopt _ _ - , - Deleted: and
an ordinance zonithe real property designated in the attached Exhibit "A" to _ _ _ Deleted: in said ordinance
PUD subject to the further terms of this Agreement as follows: Deleted: e
i. The real property described in Exhibit "C" is allowed uses'permitted _ _ - Deleted: i.
within the B-,LService Business Zonin Districtsubject to the limitations Deleted: hereby zoned as
described by Exhibit "C-1". Deleted: ?
ii. The real property described in Exhibit "D" is allowed uses permitted Deleted: and that the real propert y be
within the R-4 General Residence Zoning District subject to the allowed to be used for all of the uses
limitations described by Exhibit "D-1". allowed in that classification
2. SITE DEVELOPMENT
Deleted: in terms of
A. OWNER/DEVELOPER shall develop the subject property 'ncludin the
preservation of open space, protection of the existing evergreen tree line on the west
boundary of the West Parcel, and installation of a trail system, stormwater management_ _ - - - Deleted: property
facilities and roadway access points in general conformity with the Planned Unit
Development Concept Plan dated January 30, 2008,prepared by Schop )( Design _ _ _ - - - - - - Deleted: Preliminary
Associates Inc. and which is attached hereto and incorporated by reference as Exhibit Deleted: which was
"E„
Deleted: C.
B. OWNER DEVELOPER shall be responsible_for providing landscaping in _ _ _ _ _ _ _ _-
conformance with CITY standards along all perimeter boundaries of the subject
property. - - Deleted: No permanent trees covering
- - - - - - - - - - - - - - - - - - - - - — ' utilities shall be planted on the right-o&
way adjacent to the subject real property.
C. OWNER/DEVELOPER shall establish the landscape buffer along Illinois State_ _ _ _ _ - _ - Deleted: D.
Route 71 and Illinois State Route 126,gutside of the proposed Right-of-Way expansion
line of the Illinois Department of Transportation. Said buffer shall be a minimum of 25 Deleted: behind
feet in width.
D. OWNER/DEVELOPER shall incorporate and apply all `Site Planning Principles' as
defined by the CITY's "Comprehensive Land Use Plan Update Southern Study Area"
Design Guidelines a copy of which sections are attached hereto and made a part hereof.
E. OWNER/DEVELOPER shall relocate the existing overhead utility lines along the
Illinois State Route 71 and Illinois State Route 126 frontage of the Subject Real Property
prior to issuance of any building permit for the property. Said relocation shall include
—3—
obtaining any and all necessary permits and approvals for the utility relocation and
OWNER/DEVELOPER shall be responsible for all costs associated with said relocation.
F. OWNER/DEVELOPER agrees to provide a cross-access easement allowing all
adjacent properties to access to and across the commercial portions of subject
PROPERTY as described by Exhibit "C" at the time of Final Plat of Subdivision
G. OWNEFJDEVELOPER agrees to construct and fund the trail depicted on the
Concept PUD Plan (Exhibit "E") at time of Final Plat of Subdivision.
Deleted: E.
H. QWNER/DEVELOPER agrees-that-in all respects the subject PROPERTY shall-be-
developed in conformance with the terms and conditions of the Yorkville Zoning
Ordinance, Subdivision Control Ordinance, Stormwater, and all other applicable
Ordinances.
Deleted: ?.
I. Q) NER/DEVELOPER, and successors, heirs: and assigns hereby agree that prior to_, ,
development taking place on the PROPERTY, a site development plan shall be
submitted along with approval of Preliminary Plat of Subdivision and Preliminary
Engineering as well as Final Plats of Subdivision and Final Engineering prior to
OWNER/DEVELOPER commencing construction on said PROPERTY.
J. The OWNER shall construct off-site right-of-way improvements within the Raintree
Village subdivision to provide connection to infrastructure on Hampton Lane The
location of the said infrastructure shall be consistent with the location depicted on
Exhibit " " of this Agreement.
K. OWNER agrees within 45 days of a written request from the CITY, which includes
legal descriptions and exhibits as necessary, the OWNER/DEVELOPER shall grant
permanent and temporary construction easements as necessary for the construction of
extension of City utilities and appurtenances and/or other utilities to serve the subject
property and other properties within the City of Yorkville
L. Owner agrees within 45 days of a written request from the United City of Yorkville,
which includes legal descriptions and exhibits as necessary, the OWNER/
DEVELOPER shall convey by Warranty Deed, fee simple title of future highway or
road right of way to the State of Illinois Kendall County or the United City of Yorkville
as necessary, regardless of whether or not these right of way needs have been previously
identified in this agreement Such request for conveyance of right of way shall have no
impact on any previously entitled land development density.
3. CITY'S AGREEMENTS.
A.
—4—
O_ _ _ The CITY agrees that as to any of the non-residential use and zoning- - - - - - - - Deleted:
classification a� rcelstOWNER%DEVELOPER has no obligation to pay_ _ _ _ - _ - Deleted: of said parcel
School Transition Fees or School-Park Land-Cash Fees.
(ii) 11le OWNERJDEVELOPER sh all pay Land-Cash Fees for schools and _ _ - - - Deleted: t
parks at the time of Building Permit Application. For eachdlwelling unit _ _ _ _ - Deleted: respective
all fees listed on attached Exhibit " °shall be charged andpaid likewise _ - Deleted: other
at the time of application for each respective building permit. The amounts Deleted: currently in existence at
listed in Exhibit " " will remain for a period of 5 years commencing on date of this Agreement by the CITY, or
the date of this Agreement. Following said five (51 year period, the any etfeeretl Disvic[ nf local government
OWNTER/DEVELOPER shall be responsible to pay said fees at a rate
currently required by the �CITYl. - , - Comment [TM1]: Deleted
provision waiving the land
cash obligations for the age
13 OWNER/DEVELOPER shall be re uired b THE UNITED CITY OF restricted units - staff
±• _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ q _ _ _ _ y _ _ _ _ _ _ _ _ _ _ _ _� recommends these obligations
YORKVILLE to hook-on to the City Waterat the time of improving the subject _ _ ' remain for these units .
property, and shall be responsible for the cost of main extensions to the Deleted:
PROPERTY if said mains do not touch the PROPERTY. Deleted: and sanitary Sewer system
Deleted: Water, Sanitary Sewer
C. Upon annexation to the CITY, the OWNER/DEVELOPER will receive police Deleted: D.
protection, 911 service,¢and all services as provided by CITY to_itsproperty _ _ Formatted: Numbered + Level: 1 +
owners and residents. ' Numbering style: A, B, C, ... + start
at: 4 + Alignment: Left + Alignetl at:
a' 0.5" + Tab after: 0.75" + Indent at:
D. The CITY will require the OWNER/DEVELOPER to annex to Yorkville Bristol_ _ _ _ 0.75"
Sanitary District prior to the time of applying for a building permit seeking to hook Formatted: Indent: Left: 0.5", First
up to the Sanitary District and the CITY Sanitary Sewer System. line: 0"
Formatted: Numbered + Level: 1 +
E CITY will use its best efforts to support issuance of a highway access permit by Numbering Style: A, B, c, ... + start
at: 4 + Alignment: Left + Aligned at:
IDOT to the CITY and OWNER/DEVELOPER permitting access cuts onto Illinois 0.5" + Tab after: 0.75" + Indent at:
State Routes 126 and 71 at the approximate locations shown on the Preliminary PUD 0.75"
Conceptual Plan as prepared by Shoppe Design Associates Inc and dated January Comment [TM27: Staff recommends
' deleting this provision - An economic
30, 2006. incentive agreement may be entered into
in the future based on the needs of the
I � development and merits of the request—
] without a fine development plan, idea of
users or even a timeframe for when this
development may occur, it would be
premature to identify terms as part of this
4. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. pre-annexation agreement.
Deleted: E. CITYwill Permitan
It is specifically understood and agreed that OWNER/DEVELOPER and its successors Economic Incentive Agreement to be
P Y requested by OWNER/DEVELOPER for
and assigns shall have the right to sell transfer, mortgage and assign all or any part of the the benefit of the parcel zoned B-2
subject property and the improvements thereon to other persons, trusts, partnerships, General Business District as to any
portion of the off-site, signalization on-
firms, or corporations, for investment, building, financing, developing and all such site or collector costs, stormwater
purposes, and that said persons, trusts, partnerships, fines, or corporations shall be detention costs, Route 47 tapper or right-
of-way improvements, pursuant to such
entitled to the same rights and privileges and shall have the same obligations as an Agreement out of% of any Sales Tax
OWNER/DEVELOPER under this Agreement and upon such transfer, the obligations Receipts from users on the subject site
inconformity with the United City of
pertaining to the property transferred or sold shall be the sole obligations of the Yorkville Commercial Incentive Policy in
existence at the date of this Agreement.
—5—
transferee, except for any performance bonds or guaranties posted by
OWNER/DEVELOPER on any subdivided or unimproved property for which an
acceptable substitute performance bond or letter of credit has not been submitted to the
CITY.
5. DORMANT SPECIAL SERVICE AREA and PROPERTY OWNER ASSOCIATION
Owner/Developer agrees to incorporate covenants into the final subdivision plat that
provide for the formulation of a Property Owners Association to be responsible to
maintain all common facilities including. but not limited to. private common areas,
detention ponds perimeter landscaping features and entrance signaire within the Subject
Realty.
Owner/Developer agrees to the City enacting at the time of final plat approval, or anytime
thereafter, a Dormant Special Service Area (DSSA) to act as a back up in the event that the
Property Owners' Association fails to maintain the Common Facilities, including, but not
limited to private common areas detention ponds, perimeter landscaping features and
entrance si gnage within the Subject Realty. Owner/Developer agrees to execute any and all
documentation necessary or proper to create the Dormant Special Service Area and pay any
and all fees including legal expenses, for the preparation and approval of said
documentation.
_ - - - TIME OF THE ESSENCE.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Deleted: s
It is understood and agreed by the parties hereto that time is of the essence of this
Agreement and that all of the parties will make every reasonable effort„to expedite the. . . - oeieted: "omai"g me "n."g
subject matter hereof. It is further understood and agreed by the parties that the inehns�'
successful consummation of this Agreement requires their continued cooperation.
COVENANTS AND AGREEMENTS.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' - - Deleted: 6
The covenants and agreements contained in this Agreement shall be deemed to be
covenants running with the land during the term of this Agreement shall inure to the
benefit of and be binding upon the heirs, successors and assigns of the parties hereto,
including the CITY, its corporate authorities and their successors in office, and is
enforceable by order of the court pursuant to its provisions and the applicable statutes of
the State of Illinois.
BINDING EFFECT AND TERM. Deleted: 7
This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto,
and their successors and owners of record of land which is the subject of this Agreement,
assignee, lessees, and upon any successor municipal authorities of said city, so long as
development is commenced within a period of twenty years from the date of execution of this
—6—
Agreement by the CITY.
9. NOTICE. _ - 4 Deleted:
Deleted: I
Any notices required hereunder shall be in writing and shall be served upon any other party in . Deleted: 8
writing and shall be delivered personally or sent by registered or certified mail, return receipt Deleted: ,
requested, postage prepaid, addressed as follows:
If to the CITY: City Clerk
800 Game Farm Road
Yorkville, IL 60560
With a copy to: KathleeaField Orr- - - - - - - - - - - - - - - - - Deleted:
800 Game Farm Road
Yorkville, IL 60560
To OWNER/DEVELOPER:
Jake Land Group, LLC
c/o 25615 Plantation Road
Plainfield. IL 60544
With a copy to: Tony Perino
608 Lookery Ln.
Joliet IL 60431
And with a copy to: Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
or to such other addresses as any party way from time to time designate in a
written notice to the other parties.
10. EENFORCEABILITY. - - - Deleted: I
9
This Agreement shall be enforceable in any court of competent j urisdiction by any of the
parties hereto by an appropriate action of law or in equity to secure the performance of
the covenants herein contained.
In the event any portion of said agreement becomes unenforceable due to any change in
Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in
full force and effect.
—7—
ENACTMENT OF ORDINANCES. Deleted: io
The CITY agrees to adopt any ordinances which are required to give legal effect to the
matters contained in this Agreement or to correct any technical defects which may arise
after the execution of this Agreement.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
day of 2008.
UNITED CITY OF YORKVILLE
By:
Valerie Burd, Mayor
Attest:
City Clerk
JAKE LAND GROUP, LLC OWNER/DEVELOPER:
By:
Attest:
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
—9—
EXHIBIT LIST
Exhibit "A" Legal Description
Exhibit "B" Annexation Plat
Exhibit "C" B-3 Service Business District
Exhibit "D" R-4 General Residence District
Exhibit "E" Schonne Design Preliminary PUD Plan dated January 30 2008
—10—
♦��0 Cl;-P United City of Yorkville
IL county Seat of Kendall County
O ` °, 9 T 800 Game Farm Road
esr H : 1636 Yorkville, Illinois, 60560
L - Telephone : 630-553-4350
Fax : 630-553-7575
Website : www .yorkville. iLus
y1Ce
PC tl
APPLICATION & PETITION
ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL
USE REQUEST
The Shoppes South
Development Name: of the Fox Date of Submission: . _S ,1} la.( X07
Requesting: $ Annexation S Zoning [I Planned Unit Development
[I Special Use:
1 . Name ofPetitioner(s): Jake Land Group LLC
Address: 25615 Plantation Road Plainfleld 4L- ,60544
Phone Number: 708-473-8635 Fax Number: 815-609-6501
Relationship of Petitioner(s) to subject property:
g Owner $ Developer )9 Contract Purchaser
2 Name of holder of legal title, if different from #1 : Jake Land Group LLC Peter Dattoli ,
Ronald ✓; Debbie Schmoker, Walter & Kathleen Sullivan
If legal title is held in a Land Trust, list the names of all holders of any beneficial interest
therein:
3 . a) . (i) Street address and physical location of subject properly:
8614 Route 71 Yorkville IL 60560
(ii) Zoning of surrounding parcels:
North: Kendall Cor my A-1 A�ric�r ural
South: R-2 Residential District
East: B-3 Service Business District
West: —pandhig—lp t
b) Legal description of property; attach as Exhibit "A".
c) Total Acreage: 52 , 44
Page 1 of 5
United city of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2/25/04
3. (can't) :
d). Kendall County Parcel Number(s) of property for which PUD is sought:
see. attached.—Li=s-�
e) Current Zoning Classification: A-1 County 8B-3 Servica—j31.L4ines_s—Dls3rict
1). Zoning Classification Requestec See attached list PUD
g) Is this properly within City limits? Yes X _ No, requesting annexation
4. Names and addresses of any adjoining or contiguous landowners and landowners within 500'
entitled to notice of petition under any applicable City ordinance or State Statute:
Attach a separate list and label as Exhibit B".
5 . List all governmental entitles or agencies required to receive notice under Illinois law:
6 List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses
located on subject property to be annexed: N /A.
7 Does a flood plain exist on the subject property?
8 Do Electors reside on the subject property?
If so, they must execute this petition to annex, (Electors as defined by Illinois Law is a
resident of the parcel who is a registered voter Legal owners of the annexing parcel must
sign the petition regardless of place of residence or legal voting status )
9 . Contact Information: Name, address, phone number and fax number of person to whom
inquiries regarding this petition may be directed:
Attorney Darnel J Kramer 1107A S . Bridge St . . Yorkville ! L 60560
nt 5s a5nn fax55z 576u e-mail : DkramerMankramerlaw . com
ti
Attorney: Name: Daniel J . Kramer
Address:, 1107A S . Brjdge St Yorkville It 130560
Phone Number: 553-9500 Fax Number: 553-5764
Engineer: Name: Cemconr Ltd ,
Address: 2280 White Oak Circle Ste , 100 Aurora IJ �i05g2
Phone Number: 862-2100 Fax Number: _362-71 g
Land Planner: Name: 4shnnoa Da�ign AGG .p
Address: 126 eet O wegn II 60543
Phone Number: X51 -3 ; 54 Fax Number: 551 -3639
10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary
committee meetings An incomplete submittal could delay the scheduling of your project
a Original application with legal description plus 40 copies
b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route,
Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount)
c Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope
Page 2 of 5
United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2/25/04
10 Submit the following to the Deputy Clerk in order to be scheduled for the necessary
committee meetings An incomplete submittal could delay the scheduling of your project
a original application with legal description plus 40 copies.
b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route,
Step 1 , Fees' and/or contact the Deputy Clerk for verification of this amount)
c Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope-
d One CD containing one electronic copy (pdf) of each of the signed application
(complete with exhibits) and site plan.
In witness whereof the following petitioner(s) have submitted this application under oath and verify that to
the best of their knowledge its contents are true and correct and swear that the property to be annexed is
contiguous to the United City of Yorkville
Date: )1 n 7
Peti er(s) Sig ature: I egal property owners signatures must appear on this application )
V --
Subscribed and sworn to before me this 2ML day of ?,P nh DA , 200 .
Notary Seal
THIS APPLICATION MUST BE NOTARIZED.
L ICIAL�%
�qF
EEN
PUBUC .STA6120F
to
Paso 3 ors
United City Of Yorkville Annexation..PUD.Zonin6,5pecial Use Application Revised: 11/28/06
ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST
PETITIONER ROUTE
Step 1 : Petitioner must submit a completed application, fees` and all pertinent materials to the Deputy Clerk a
minimum of 45 days prior to the targeted Plan Commission meeting Petitioner is responsible for making
submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois
Department of Natural Resources, U .S Army Corps of Engineers, etc. , to allow timely review by City.
`Fees: a Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre
over 5 acres
b Rezoning only - $200 plus $10 per acre for each acre over 5 acres
c. Special Use - $250 plus $10 per acre for each acre over 5 acres
d Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost
of all land improvements, to be determined by City Engineer
e Planned Unit Development fee - $500
I . Engineering Review Deposit - up to 1 acre = $1 ,000;
over 1 acre but not over 10 = $2,500
over 10 acres, but not over 40 = $5,000
over 40 acres, but not over 100 = $10,000
over 100 acres = $20,000
g Deposit for Outside Consultants - under 2 acres = $1 ,000
2 to 10 acres = $2,500
over 10 acres = $5,000
Note: Owner/Developer will be responsible for payment of recording fees and
costs, public hearing costs including a written transcription of public
hearing and outside consultant costs (i .e, legal review, land planner,
zoning coordinator, environmental, etc.). Should Owner/Developer not
pay these fees directly, they will be responsible for reimbursing the United
City of Yorkville for the aforementioned fees and costs.
Note: you must present your plan at each of the meetings below as indicated.
Step 2: Plan Council: The Planning Council meets the 2ntl and 4" Thursday of the month at 9:30 am. in the
City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan
Commission Meeting Attendees to this meeting include: City Administrator, City Land Planner, Sanitary
District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director,
Executive Director of Parks and Recreation, Fire Department Rep, and Police Chief.
Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included In
residential developments. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p m
at the Riverfront Building, 301 E Hydraulic Street
Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m in
the Council Chambers at City Hall The Plan commission will make a recommendation for the City Council's
consideration . The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and
City Land Planner.
A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use
request Notice will be given by publication by the United City of Yorkville in the Kendall County Record and
certified mail by the Petitioner to adjacent property owners within 500 feet of the subject properly no less than
fifteen days and no more than 30 days prior to the public hearing date A certified affidavit must be filed by the
petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all
parties that were notified .
Page 4 of 5
United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2/25104
Step 6: Economic Development Committee: The Economic Development Committee meets the third Thursday
of each month at 7:00 p m in the City Hall Conference Room All projects (regardless of a positive or negative
EDC recommendation) proceed to the Committee of the Whole for discussion. The Economic Development
Committee consists of three (plus one alternate) City Council members.
Step 6: Committee of the Whole : The Committee of the Whole meets the first and third Tuesdays of the month
at 7:00 p.m, in the Conference Room at City Hall The project will be discussed in an informal atmosphere at
the Committee of the Whole where no formal voting takes place . This session is to discuss and consider
recommendations of prior committee meetings
Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p m in the
Council Chambers at City Hall This is where all City Council voting takes place
A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development
Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record . A
certified mailing to surrounding landowners is not required for this public hearing Any annexation agreement,
PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City
Council.
Agreement:
I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning
Consultant Fees which must be current before this project can proceed to the next scheduled committee
meeting
Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of
Yorkville, 600 Game Farm Road, Yorkville, Illinois 60560 ��
Date: >�13o:1 c) / d
Signature of Petitioner `
Page 5 of 5
United City of Yorkville Annexation, PUD, Zoning, special Use Application Revised: 2/25104
JAKE LAND GROUP PARCEL NUMBERS TO BE DEVELOPED
93(d) Kendall County Parcel Numbei(s) of property for which PUD is sought:
05-03-300-007
Ronald & Debbie Selnnoker
Route I Box 237C
Sheridan, IL 60551
05 -03-300-021
05-03-300-013
05-03-300-014
05-03-300-016
05-03-300-015
05-03-300-001
Standard Bank & Trust 4119589
7800 95°' St. , West
Hickory Hills, IL 60457
05-03-300-008
Thomas .J. Heise
6610 Wing Rd.
Yorkville, IL 60560
05-03-200-010
Richard S . Dattoli
1511 Kathryn Ln.
Lake Forest, IL 60045
05-03-300-003
Gary W. & Lelalu Maxwell
5710 Route 71
Yorkville, IL 60560
05-03-300-006
Walter & Kathleen Sullivan
8750 Route 126
Yorkville, IL 60560
3 . f. Zoning Classification Requested: PUD (with uses to be allowed in PUD Agreement
for B-3 Service Business District, O Office District, R-4 General Residence District
for Assisted Living, R-2 age targeted housing .
LEGAL DESCRIPTION OF HOUSE TRACT:
That part of the West Half of Section 3, Township 36 North, Range 7 East of the Third
Principal Meridian described as. follows: Commencing at the Center of said Section 3;
thence South 00 014'45" East, along the East Line of the Southwest Quarter of said
Section 3, 128436 feet; thence South 89 050'00" West, 684.42 feet; thence North
09°30'00" West, 592.27 feet; thence South 57 133' 55" West, 327.57 feet to the Easterly
Line of Wing Road; thence North 21°52'29" West, along said Easterly Line, 705.85 feet
to the Southerly Right•of--Way Line of Illinois Route 71 for the point of beginning;
thence-South-21°S2'.29" East, along said Easterly Line, ,1I9.0 feet; tbence North . . . -
68'07'31 " East, perpendicular to said Easterly Line, 211 .0 feet; thence North 21 052'29"
West, parallel with said Easterly Line, 131 .87 feet to said Southerly Right-of-Way Line
of Illinois Route 71 ; thence Southwesterly, along said ,Southerly Right-of--Way Line,
being a curve to the right with a radius of 11509.16 feet, an are distance of 211.39 feet to
the point of beginning in K.endali Township, Kendall County, Illinois and containing
0.6060 acre.
LEGAL DESCRIPTION OF BALANCE OF TRACT:
That part of the West Half of Section 3, Township 36 North, Range 7 East of the Third
Principal Meridian described as follows: Cornniencing at the Center of said Section 3;
thence South 00°14'45" East, along the East Line of the Southwest Quarter of said
Section 3, 128436 feet; thence South 89 150'00" West, 684A2 feet; thenceNorth
09 030100" West, 592.27 feet for the point of beginning; thence South 57°33'55" West,
327.57 feet to the Easterly Line of Wing Road; thence North 21°52'29" West, along said
Easterly Line, 586.85 feet to a point on said Easterly Line which is 119.0 feet (measured
along said Easterly Line) Southeasterly of the Southerly Right-of-Way Line of Illinois
Route 7l ; thence North 68°07'31 " East, perpendicular to said Easterly Line, 211.0 feet;
thence North 21 152129" West, parallel with said Easterly Line, 131 .87 feet to said
Southerly Right-of-Way Line of Illinois Route 71 ; thence Northeasterly, along said
Southerly Right-of-Way Line, being a curve to the left with a radius of 11509. 16 feet, an
are distance of 261.03 feet to a line drawn North 09°30'00" West from the point of
beg nning; thence South 09 1.30'00" East, along said line, 695.72 feel: to the point of
beginning in Kendall Township, Kendall County, Illinois and containing 5.6041 acres.
i
Legal Description:
That part of the North 1/2 of Section 3, Township 36 North, Range 7 East of the Third principal I4erldlan, described as
follows: Commencing at the Northeast comer of the southwest 1/4 of said Section 3; thence South 0 degrees, 07
minutes, 44 seconds West along the East line of said Sduthwest 1/4, 1284.36 feet; thence North 89 degrees, 47 minutes,
31 seconds West, 684.42 feet; thence North 09 degrees, 32 minutes, 39 seconds West, 590.03 feet to the Southeast
corner of"a tract of land conveyed to Elsie Boyd by a Deed dated March 25, 1929 and recorded December 14, 1938 In
Deed record Book 66 on page 399; thence North 09 degrees, 05 minutes, 46 seconds West, 748.40 feet to the center line
of Illinois State Route No, 71; thence Northeasterly along said center 6ne, being along a curve to the left having a radius
_ of 1i,459,220, feet, and a_radial bearing of North 2G degrees, Sgminute�,, 30 secoUdj5. W st at the.Jastdesc[Ibed..pohrt. _
627.46 feet; thence North 60 degrees, 02 minutes, 30 seconds East along said center line, 332.0 feet for a point of
beginning; Thence South 12 degrees, 27 minutes, 30 seconds east, 264,0 feet: Thence south 84 degrees, 27 minutes, 30
seconds east, 202,0 feet: 'Thence North 0 degrees, 47minutes, 30 seconds west, 423,02 feet to said center line: Thence
South 60 degrees, 02 minutes, 30 seconds West along center tine, 291,76 feet to The point of beginning, In the Township
of Kendall, Kendall County, Illinois. `
3
I
THAT PART OF THE NORTHEAST, NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 3 ,
TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS ; COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE
SOUTH 0 DEGREES 10 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST
QUARTER 1264 .96 FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 40 SECONDS WEST 680630
FEET; THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST 10 . 0 FEET FOR A POINT OF
BEGINNING ; THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST' 579. 63 FEET TO THE
SOUTHEASTCORNER DF- A ' TRACT`UF' LANG CONVEYED TO 'ELS (I: BOYD gy- A DEEO-DATED"MARCH
_ 25, --1929 AND RECORDED DECEMBER 14', 1938 IN DEED RECORO 'BOOK 88 ON PAGE 399 ;
THENCE NORTH 09 DEGREES 05 MINUTES 24 SECONDS WEST ALONG THE EAST LINE OF SAID
BOYD TRACT 748 .57 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71 ; THENCE
NORTHEASTERLY AL( RG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 11 , 459, 2 FEET. AND..A RADIAL BEARING OF, NORTH 26 OEGREES ,49, MINUTES 15 ,THENCE NDRTIJ 60
SCONDS WEST.MINUTES 0 SECONDSEEASTTALONGRSAID CENTER6 LINE 6332. 0 FEET; THENCE SOUTHE12EES 02
DEGREES 27 MINUTES 30 SECONDS EAST 264 . 0 FEET; THENCE SOUTH 84 DEGREES 27 MINUTES
30 SECONDS EAST 202 , 0 FEET; TIIENC,E NORTH 00 DEGREES 42 MINUTES 30 SECONDS WEST
423 .02 FEET TO SAID CENTER LINE ; THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS
EAST ALONG SAID CENTER LINE 472. 59 FEET TO A LINE DRAWN NORTH DO DEGREES 10
MINUTES 48 . SECONOS EAST PARALLEL WITH THE WEST LINE OF SAID .NOPTHEAST QUARTER,
FROM A" POINT THE THE SOUTH LINE OF SAID NORTHEAST QUARTER WHICH IS 598 . 62 FEET
TH
EASTERLY OF E SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 00
DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID PARALLEL. LINE 880 . 56 FEET TO SAID
SOUTH LINE; THENCE SOUTH 89 DEGREES 34 MINUTES 48 SECONDS WEST ALONG SAID SOUTH
LINE FEET SA SAID
ID EASTSOUTHWEST
127O5RN. 35 FEET THENCE
TO A LINE DRAWNRSQUTH lo 89MINUTES B
DEGREES
40 MINUTES 33 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES
40 MINUTES 33 SECONDS WEST 681 .94 FEET TO THE POINT OF BEGINNING IN KENDALL
TOWNSHIP , kENDALL COUNTY, ILLINOIS
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED .
OPLA1M - 12 : 15 : 49
FS 09/05106
PARCEL 1 :
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3 , TOWNSHIP 36 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 114 ; THENCE NORTH 0 DEGREES
08 MINUTES 09 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 , 798 . 60 FEET
TO AN OLD CLA114 LINE ; THENCE NORTH 57 DEGREES 59 MINUTES 05 SECONDS EAST ALONG
SAID OLD CLAIM LINE 299 . 00 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 1 DEGREE
51 MINUTES 32 SECONDS WEST , 402 . 10 FEET; THENCE -SOUTH. 59- DEGREES-•25 MINUTES.,. 54 . .
SECONDS EAST, 256 . 51 FEET; THENCE NORTH 59 DEGREES 55 MINUTES 25 SECONDS EAST,
355 . 65 FEET; THENCE NORTH 62 DEGREES 43 MINUTES 29 SECONDS BASTr 853 . 57 FEET;
THENCE NORTH 33 DEGREES 24 b. INUTES 40 SECONDS EAST, 542 . 27 FEET TO THE CENTER
LINE OF ILLINOIS STATE ROUTE NM49ER 126; THENCE NORTHWESTERLY ALONG SAID CENTER
LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2292 . 01 FEET AND A
RADIAL BEARING OF SOUTH 29 DEGREES 23 MINUTES 51 SECONDS WEST AT THE LAST _
DESCRIBED POINT, 358 . 41 FEET TO A POINT PHiICH IS 151 . 00 FEET, AS MEASURED ALONG
SAID CENTER LNE, SOUTHEASTERLY OF THE INTERSECTION OF SAID CENTER LINE AND SAID
OLD CLAIM LINE ; THENCE SOUTH 45 DEGREES 05 MINUTES 49 SECONDS WEST, 265 . 70 FEET;
THENCE SOUTH 73 DEGREES 54 MINUTES 28 SECONDS WEST, 102 . 86 FEET; THENCE SOUTH 84
DEGREES 11 MINUTES 54 SECONDS WEST, 280 . 96 FEET; THENCE NORTH 32 DEGREES 00
MINOTES 55 SECONDS WEST, 24 . 19 FEET TO SAID OLD CLAIM LINE; THENCE SOUTH 87
DEGREES 59 MINUTES 05 SECONDS WEST ALONG SAID OLD CLAIM LINE 789 . 92 FEET• TO THE
POINT OF BEGINNING IN YENDALL TOWNSHIP, =MALL COUNTY, ILLINOIS ,
PARCEL 2 :
A PERPETUAL EASEMENT FOR THE OPERATION, MAINTENANCE AND USE OF A SEPTIC FIELD FOR
THE BENEFIT OF., PARCEL ONE HEREINABOVE DESCRIBED, UNDER AND UPON THE FOLLOWING
DESCRIBED PARCEL OF REAL ESTATE CONTIGUOUS TO PARCEL ONE TO WIT :
C014MENC32TG AT THE MOST NORTHERLY CORNER OF PARCEL ONE HEREINABOVE' DESCRIBED ON
THE CENTER LINE OF ILLINOIS STATE ROUTE NUMBER 126 ; THENCE SOUTH 45 DEGREES 05
MINUTES 49 SECONDS WEST, 47 .. 12 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
ILLINOIS STATE ROUTE NLA4BER 126 , FOR THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 45 DEGREES (15 MINUTES 49 SECONDS WBSTr 105 . 0 FEET; THENCE NORTH 32 DEGREES
OB MINUTES 38 SECONDS WEST, .151 . 18 FEET; THENCE SOUTH 76 DEGREES 09 MINUTES 49
SECONDS EAST', 5 . 28 FEET; THENCE SOUTH 70 DEGREES 39 MINUTES 49 SECONDS EAASTr
158 . 65 FEET, TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, ALL IN KENDALL COUNTY
ILLINOIS .
S'
V
R)qr [- AL
AT2 PAGE A2 VAP 10/17/06 16 : 05 : 34
PARCEL ONE:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE
7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OFN014 SOUTHWEST 1/4; THENCE
NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 798.60 FEET TO AN
OLD CLAIM LINE; THENCE NORTHERLY ALONG SAID WEST LINE, 1118 .27 FEET A
POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG A LINB WHICH FORMS
AN ANGLE OF 28 DEGREES 33 MINUTES 54 SECONDS WITH THE LAST DESCRIBED
COURSE, MEASURED COUNTEkcE,OCICWISE THEREFROM, 22853 FEET; THENCE
SOUTHEASTERLY ALONG A LINE WHICIi FORMS AN ANGLE OP 178 DEGREES 11
MINUTES 35 SECONDS WITI4 THE LAST DESCRIBED COURSE, MEASURED"
COUNTERCLOCKWISE THEREFROM, 112.67 FEET TO A LINE DRAWN PARALLEL
WITH AND 160.0 FEET NORMALLY DISTANT, EASTERLY OF SAID WEST LINE),
THENCE SOUTHERLY ALONG SAID PARALLEL LINE, 717.44 FEET TO SAID CLAIM
LINE; TI-IENCE NORTHEASTERLY ALONG SAID CLAIM LINE, 941 .92 FEET TO A
POINT ON A LINE DRAWN SOUTHWESTERLY, PERPENDICULAR TO THE CENTER
LINE OF ILLINOIS STATE ROUTE N0, 126 FROM A POINT ON SAID CENTER LINE
WHICH IS 1049.70 FEET, AS MEASURED ALONG SAID CENTER LINE,
SOUTHEASTERLY OF THB INTERSECTION OF SAID CENTER LINE WITH THE
_ CENTER LIMB OF ILLINOIS STATE ROUTE 71; TIiENCE NORTHEASTERLY TO SAID
POINT ON SAID CENTER LINE OF ILLINOIS ROUTE 126 AFORESAID; THENCE
NORTHWESTERLY ALONG SAID ROUTE 126 CENTER LINE AND TO SAID ROUTE 71
CENTER LINE; TIiENCE SOUTHWESTERLY ALONG SAID ROUTE 71 CENTER LINE,
30.58 FEET TO SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE,
78.83 FEET, TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART
OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF
THE THIRD PRIIQCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE .SOUTHWEST CORNER OF SAID SECTION 3; THENCE NORTH 00 DEGREES 00
MINUTES 38 SECONDS EAST, ON A BEARING REFERENCED TO AN ASSUMED
NORTH, 1925.21 FEET ON THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE
SOUTH 89 DEGREES 59 1 �I N(ITES 22 SECONDS EAST 58,55 FEET TO THE EXISTING
SOUTHEASTERLY RIGHT OF WAY LINE OP A F.A.P. ROUTE 311 (IL ROUTE 71) AND
THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 34 MINUTES 00 SECONDS
EAST 35.28 FEET ON SAID SOUTHEASTERLY RIGHT OF WAY LINE TO THE
SOUTHERLY RIGHT OF WAY LINE OF S.B,I ROUTE 66 (IL ROUTE 126); THENCE
SOUTH 70 DEGREES 08 MINUTES 35 SECONDS EAST 125.66 FEET ON SAID
SOUTHERLY RIGHT OF WAY LINE; TIiENCE NORTH 81 DEGREES 09 MINUTES 04
SECONDS WEST 51 .85 FEET; THENCE NORTH 76 DEGREES 30 MINI.JTES 40 SECONDS
WEST 103.47 FEET TO THE POINT OF BEGINNING), IN ICENDALL TOWNSHIP,
I',ENDALL COUNTY, ILLINOIS.
3
l _
PARCEL TWO:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL, MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE
NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST I/4, 795.60 FEET TO
AN OLD CLAIM LINE FOR A POINT OF BEGINNING; THENCE NORTHERLY ALONG
SAID WEST LINE, 1118.27 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH
FORMS AND ANGLE OF 28 DEGREES 33 MINUTES 54 SECONDS WITH THE LAST
DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFROM, 225.53
FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS. AN ANGLE OF
178 DEGREES 11 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE,
MEASURED COUNTERCLOCKWISE THEREFR-OM, 112.67 FEET TO A LINE- DRAWN
PARALLBL WITH AND 160.0, FEET NORMALLY DISTANT,. EASTERLY.QF .SAID
WEST LINE; THENCE SOUTHERLY ALONG SAID PARALLEL LINE, 717.44 FEET TO
SAID CLAIM LINE; THENCE SOUTHWESTERLY ALONG SAID CLAIM LINE, 188.42
FEET TO THE POINT OF BEGINNING, IN KENDALL TOWNSHIP, I ENDALL
COUNTY, ILLINOIS.
PIN: 05-03-300-013
05-03-300-014
ADDRESS: 8996 A & 8996 B Route 71, Yorkville, Kendall County, Illinois
4 _ .
i
j BK325
j
shat part of the goathWuSt quay for of Section 7 , Sovnshlp 76 North ,
Range 7 East of die Shied i` rinclpal Heridinn , described as followat
Commencing at the Southvest corner of snid Soutbvest geattQr ; thence
North along the vast line of said Southwest quarter 1995 . 6 feet
to the center lima of iinnols t'outo 71 ; thence Northeasterly along
the said center Tina of Illinois Route 71 , 1411 .. 3 feet to the center
line extended Northvstariy of the public toad running Southeasterly
from said 1111noin Route 71 , commonly ktovu as Wing Road ; thence
Southeasterly along tiro extended center line and the center line
of said public road , being along a line that forms an stole of 97
degrees 25 ' to tha right Pith the prolongation Northeasterly of
the tangent to the center line of said M fnois Route 71 at the
lost described polar , 761 feet for the point of beginning ; thence
Southwesterly along n line that forms an angle of 79 degrees 47 '
to the right with the prolongation of the last dosctibad line 265 . 6
feet to the center line or 1111eoia Route 126 ; thence Southeasterly
along said center line of Illinois Route 126 to the center line
of the Easterly fork of the public road aforesaid whleh runs Soukhaastercly
from said Illinois Route 71 ; thence Hortheesterly along the
T center
line of raid public Lead to the point Of beginnings n t
of Kendall , Kendall County , Illinois .
Grantee hereby assumes and ugraes to pay the unpaid balance on the
existing mortgage recorded in gook Page , the debt secured
thereby and also hereby assumes the obligations under the terns
of the Instruments creating the loan % Document No . 79-1053 ,
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 36 NORTH , RANGE '7 EAST
OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : COMMENCING AT THE
SOUTHWEST CORNER 6F SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 08 MINUTES 14
SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, 11995 , 75 FEET TO THE
CENTER LINE OF ILLINOIS STATE ROUTE NO . 71 ; 'THENCE NORTH 71 DEGREES 23 MINUTES 59
SECONDS EAST ALONG SAID CENTER LINE 30 . 45 FEET TO THE POINT OF INTERSECTION OF
SAID CENTER LINE WITH CENTER LINE OF ILLINOIS STATE ROUTE NO . 126 FOR THE POINT
OF BEGINNING ; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID ROUTE
71 CENTER LINE 230 . 67 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A
CURVE T4 'THE LEFT HAVING A RADIUS" QF" 11;459 . 20 FEEP'WHICH IS TANGENT TO THE LAST
DESCRIBED COURSE AT THE LAST DESCRIBED POINT AT THE LAST DESCRIPTION POINT,
1 , 141 . 60 FEET TO THE INTERSECTION WITH THE CENTER LINE EXTENDED NORTHWESTERLY OF
WING ROAD ; THENCE SOUTH 21 DEGREES 30 MINUTES 13 SECONDS EAST ALONG SAID WING
ROAD CENTER LINE 761 . 0 FEET ; THENCE SOUTH 58 DEGREES 16 MINUTES 47 SECONDS WEST
265 . 38 . FEET TO SAID ROUTE 126 CENTER LINE ; THENCE NORTHWESTERLY ALONG SAID ROUTE
126 CENTER LINE BEING ALONG A CURVE TO THE LEFT AND HAVING A RADIUS OF 21292 . 01
FEET WHICH IS TANGENT 1'0 A LINE DRAWN NORTH 72 DEGREES 57 MINUTES 06 SECONDS WEST
FROM THE LAST DESCRIBED POINT 147 , 83 FEET; THENCE NORTH 76 DEGREES 38 MINUTES 49
SECONDS WEST ALONG SAID ROUTE 126 CENTER LINE 850 . 98 FEET; THENCE NORTHWESTERLY
ALONG SAID ROUTE 126 CENTER LINE BEING ALONG A CURVE TO THE RIGHT AND HAVING A
RADIUS OF 2 , 148 . 79 FEET WHICH IS TANGENT, TO THE LAST DESCRIBED COURSE AT THE LAST
DESCRIBED POINT , 383 , 53 FEET 70 THE POINT OF EXCEPTING THEREFROM THAT
PART DESCRIBED AS FOLLOWS ; THAT PART OF THE SOUTHWEST QUARTER OF SECTION 38
TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS ; COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER ; THENCE
NORTH 00 DEGREES 08 MINUTES 14 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST
QUARTER 1995 , 75 FEET TO THE CENTER "LINE OF ILLINOIS STATE ROUTE 71 ; THENCE NORTH
11 DEGREES 23 MINUTES 59 SECONDS EAST ALONG. SAID ROUTE 71 CENTER LINE 261 , 12 FEET
TO A POINT OF CURVATURE ; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 11 ,459 . 20 FEET WHICH 1 .5 TANGENT '10 THE LAST DESCRIBED COARSE 1141 . 60
FEET TO THE INYERSEC.TION WITH ?HE CENTER LINE EXTENDED NORTHWESTERLY OF WING ROAD
FOR THE POINT OF BEG I NN I NG ; I THENCE SOUTH 21 DEGREES 30 MINUTES 13 SECONDS EAST
ALONG SAID WING ROAD CENTER LINE 268 . 05 FEET; THENCE SOUTH 68 DEGREE'S 29 MINUTES
47 SECONDS WEST 2DD . 0 FEET; THENCE NORTH 21 DEGREES 30 MINUTES 13 SECONDS WEST
PARALLEL WITH SAID WING ROAD CENTER LINE 250 , 0 FEET TO SAID ROUTE 71 CENTER LINE ;
THENCE NORTHEASTERLY ALONG SAID ROUTE 71 CENTER LINE 200 , 16 FEET TO THE POINT OF
BEGINNING, IN THE UNITED CITY OF YORKVILLE , KENDALL COUNTY , ILLINOIS , AND ALSO
EXCEPTING ,
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 IN TOWNSHIP 36 NORTH , RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS , DESCRIBED AS
FOLLOWS WITH BEARINGS REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM
EAST ZONE (NADB3) :
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 3 ; THENCE
NORTH 01 DEGREE 35 MINUTES 30 SECONDS WEST , 1 , 995 . 04 FEET ALONG THE WEST LINE OF
SAID SOUTHWEST 1/4 TO TILE CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 71 ; THENCE
NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST, 31 . 52 FEET ALONG SAID CENTERLINE TO
THE POINT OF BEGINNING .
i
FROM THE POINT OF BEGINNfNG ; THENCE NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST,
230 . 66 FEET ALONG SAID CENTERLINE ; THENCE NORTHEASTERLY, 940 , 58 FEET ALONG AN
11 , 479 . 02 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING NORTH 67 DEGREES 34
MINUTES 29 SECONDS EAST, 940 . 31 FEET; 'THENCE SOUTH 22 DEGREES 56 MINUTES 31 SECONDS
EAST , 60 . 03 FEET; THENCE SOUTHWESTERLY, 418 . 10 FEET ON AN 11 , 539 . 02 FOOT RADIUS CURVE
TO THE RIGHT HAVING A CHORD BEARING SOUTH 66 DEGREES 16 MINUTES 29 SECONDS WEST,
418 , 08 FEET; THENCE SOUTH 59 DEGREES 24 MINUTES 09 SECONDS WEST, 71 . 10 FEET; THENCE
SOUTH 25 DEGREES 14 MINUTES 24 SECONDS WEST, 60 . 52 FEET; THENCE SOUTHEASTERLY, 570 .87
FEET ON AN 875 . 00 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING SOUTH 55
DEGREES 22 MINUTES 46 SECONDS EAST, 560 . 80 FEET; THENCE SOUTH 74 DEGREES 04 MINUTES
'13 SECONDS EAST, 274 . 41 FEET; THENCE SOUTH 64 DEGREES 05 MINUTES 29 SECONDS EAST',
35 . 65 FEET ; THENCE SOUTH 56 DEGREES 49 MINUTES 00 SECONDS WEST, 64 . 56 FEET TO 'THE
CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 126 ; THENCE NORTHWESTERLY , 162 . 08 FEET
ON SAID CENTERLINE BEING-A 2T291-C64 FOOT RADIUS CURVE TO THE LEFT HAViNG A CHORD
BEARING NORTH 76 DEGREES '16 MINUTES 12 SECONDS WEST , 162 , 05 FEET ; THENCE NORTH 78
DEGREES 17 MINUTES 46 SECONDS WEST, 357 . 37 FEET ON SAID CENTERLINE; THENCE NORTH 53
DEGREES 52 MINUTES 46 SECONDS WEST, 96 . 76 FEET TO THE EXISTING NORTHERLY RIGHT OF WAY
LINE OF IL 126 ; THENCE NORTHWESTERLY , 297 . 03 FEET ON A 990 . 00 FOOT .RADIUS CURVE TO
THE RIGHT HAVING A CHORD BEARING NORTH 45 DEGREES 17 MINUTES 03 SECONDS WEST, 295 . 92
FEET ; 'THENCE NORTH 36 DEGREES 39 MINUTES 21 SECONDS WEST, 23 . 77 FEET; THENCE NORTH 77
DEGREES '19 MINUTES 38 SECONDS WEST, 84 . 74 FEET; THENCE SOUTH 69 DEGREES 03 MINUTES 36
SECONDS WEST, 100 . 61 FEET; THENCE SOUTH 69 DEGREES 55 MINUTES 52 SECONDS WEST, 149 .98
IFEET TO THE SOUTHERLY RIGHT OF 'WAY LINE OF SAID IL 71 ; THENCE SOUTH 65 "DEGREES 32
MINUTES 40 SECONDS WEST, 113 . 94 FEET TO THE CENTERLINE OF SAID IL '126 ; THENCE
NORTHWESTERLY , 119 , 55 FEET ON SAID CENTERLINE BEING A 2 , 170 . 59 FOOT RADIUS CURVE 70
THE RIGHT HAVING A CHORD BEARING NORTH 69 DEGREES 20 MINUTES 17 SECONDS WEST, 119 . 54
FEET TO THE POINT OF BEGINNING .
I
I
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER;
THENCE NORTH 0 07'44" EAST ALONG THE EAST LINE OF SAID SOUTHWEST
QUARTER 1236.84 FEET TO A POINT ON SAID EAST LINE WHICH IS 1284.36 FEET
SOUTH OF TIIE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER.; THENCE
NORTH 89°47'31 " WEST, 684.42 FEET; THENCE NORTH 09°32'39" WEST, 590.03 FEET
TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD
BY DEED DATED MARCH 25, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED
RECORD 88 ON PAGE 399, FOR. THE POINT OF BEGINNING; THENCE SOUTH
57 058'56" WEST ALONG THE SOUTHERLY LINE OF SAID BOYD TRACT AND SAID
SOUTHERLY LINE EXTENDED 352. 89 FEET TO THE CENTER LINE OF WING ROAD;
THENCE SOUTH 21°28'_35" EAST ALONG SAID CENTERLINE -131 .00 FEET; THENCE
NORTH 57 058 '56" EAST PARALLEL, WITH SAID SOUTHERLY LINE 323.58 FEET TO A
POINT WHICH IS SOUTH 09 032139" EAST, 139.37 FEET FROM THE POINT OF
BEGINNING; THENCE NORTH 09°32'39" WEST, 13937 FEET TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF KENDALL$, ICENDALL COUNTY, ILLINOIS.
EXHIBIT
fl
That part of the Southwest quarter of Section 3 , Township 36 North , Range 7
East of the Third Principal Meridian , described as follows : Commencing at
the Southwest corner of said Southwest quarter ; thence North along the West
line of said Southwest quarter 199566 feet to the center line of Illinois
Route 71 ; thence Easterly along said center line 32 . 2 feet to the center
line of Illinois Route 126 ; thence Southeasterly along said center line of
Illinois Route 126 , 1049 . 7 feet for the point of beginning ; thence South-
westerly At right angles to ' said center line , 839 . 9 feet to an old claim
line ; thence Northeasterly along said old claim line which makes an angle
of 44° 211 (measured clockwise from the last described course) 468 , 6
feet to the center line of said Illinois Route 126 ; thence Northwesterly
along said eenter line 328 . 1 fleet to the point of beginning , in the
Township of Kendall , Kendall County, Illinois , EXCEPT Ti1atF.,>OM THE BELOW
DESCRIBED PARCEL :
That part of the Southwest -Quarter of Section 3, Township 36 North, Range 7 East of
the Third Principal Meridian, Kendall County, Illinois, described as follows with bearings
referenced to the Illinois State Plane Coordinate System East Zone (NAD83):
Commencing at the southwest comer of the Southwest Quarter of said Section 3; thence
North 01 degree 35 minutes 30 seconds West, 1 ,995.04 feet along the west line of the
Southwest Quarter of said Section 3 to the °centerline of a public highway designated IL 71 ;
thence North 69 degrees 55 minutes 19 seconds East, 31 .52 feet along said centerline to the
centerline of a public highway designated IL 126; thence southeasterly along said centerline,
399. 15 feet along 6 '2, 170.59 foot radius curve to the left haVitfg e chdfd 'bearing of South 73'
degrees 01 minute 41 seconds East, 398.58 feet thence South 78 degrees 17 minutes 46
seconds East, 649.36 feet along said centerline to the Point of Beginning.
From the Point of Beginning, thence South 78 degrees 17 minutes 46 seconds East,
172. 16 feet along said centerline; thence southeasterly along said centerline, 162.08 feet along
a 2,291 .64 foot radius curve to the right having a chord bearing of South 76 degrees 16 minutes
12 seconds East, 162.05 feet; thence South 56 degrees 32 minutes 11 seconds West 65 .83
feet; thence North 74 degrees 04 minutes 13 seconds West, 5.13 feet; thence North 65 degrees
29 minutes 14 seconds West, 50.57 feet, to the southerly right of way line of IL 126; thence
northwesterly, 61 . 11 feet on said right of way line being 'on a 2,251 .64 foot radius curve to the
left having a chord bearing of North 77 degrees 31 minutes 09 seconds West, 61 ,11 feet;
thence North 78 degrees 17 minutes 46 seconds West, 172.27 feet along -said south right of
way line; thence North 11 degrees 52 minutes 19 seconds East, 40.00 feet to the Point of
Beginning, containing 0.297 acre more or less, of which 0.290 acre, more or less, is lying within
public road right of way, situated in the County of Kendall and State of Illinois, hereby releasing
and waiving all rights under and by virtue of the Homestead Exemption Laws of the State .
C/r� Reviewed By: Agenda Item Number
O n
Legal E-1
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EST. ;- `_ - 1836
Engineer 1:1-� -- Tracking Number
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9 a O Consultant ❑ [DC 01008
❑
Agenda Item Summary Memo
Title: Lincoln Prairie—Zoning Ordinance
Meeting and Date: EDC/May 1, 2008
Synopsis: Ordinance to zone the subdivision M-2 General Manufacturing District as obligated
by May 24, 2005 Annexation Agreement provision.
Council Action Previously Taken:
Date of Action: May 24, 2005 Action Taken: Approved Annexation Agreement
Item Number:
Type of Vote Required: majority
Council Action Requested: approval
Submitted by: Travis Miller Community Development
Name Department
Agenda Item Notes:
Attached find draft ordinance approving the rezoning and Annexation Agreement. Refer to
section 1 of the annexation agreement regarding the zoning provision.
During plan review for Lot 2 of this subdivision, staff recognized that the ordinance approving
the rezoning as agreed to in 2005 has not been approved.
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Ordinance No. 2008-
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
(Lincoln Prairie)
WHEREAS, Donald J. Hamman and Carol S. Hamman (the "Owners") are the legal
owner of record of property described on Exhibit A attached hereto and incorporated herein (the
"Property"); and,
WHEREAS, the Owners of the Property have made application by petition for the
rezoning of the Property pursuant to an Annexation of the Property; and,
WHEREAS, Owners have previously entered into an agreement for annexation and
zoning of the property; and,
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville that the City Code of the City of Yorkville be amended as follows:
Section 1 . The City Council hereby concurs with the recommendation of the Plan
Commission and hereby rezones the property as M-2 General Manufacturing as described on
attached Exhibit B; and incorporated herein.
Section 2. The Property shall be developed according to the terms of an Annexation
Agreement approved this date by the Mayor and City Council.
Section 3: This Ordinance shall be in full force and effect immediately from and after its
passage and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of A.D. 2008.
City Clerk
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of A.D. 2008.
Mayor
2
d ur
� iul 'i,l , 1L� ilUa F.
STATE OF ILLINOIS
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2005-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
LINCOLN PRAIRIE YORKVILLE
R71-IEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining
to the annexation of real estate described on the Exhibit "A" attached hereto and made a
part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered
by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and
WHEREAS, the statutory procedures provided in 65 ILLS 11 -15. 1 . 1 , as amended,
for the execution of said Annexation Agreement has been fully complied with; and
Page I of 3
WHEREAS, the property is presently contiguous to the City
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
Section 1 : The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Annexation Agreement concerning the annexation of
the real estate described therein, a copy of which Annexation Agreement is attached
hereto and made a part hereof.
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
WANDA OBARE t JOSEPH BESCO w�
VALERIE BURD _ PAUL JAMES
DEAN WOLFER MARTY MUlsNS
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this .. Day of A.D. 2005.
MAYOR
Page 2 of 3
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of A.D. 2005.
ATTEST: < 27% . . a - `
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
I
Page 3 of 3
i
I
ANNEXATION AGREEMENT
WITH
DONALD J. HAMMAN AND CAROL S. HAMMAN
AND
THE UNITED CITY OF YORKVILLE
Concerning
LINCOLN PRAIRIE YORKVILLE
WHEREAS, DONALD J. HAMMAN and CAROL S. HAMMAN,
OWNERS/DEVELOPERS of the property described in Exhibit "A" (hereinafter
"OWNERS/DEVELOPERS") have requested the United City of Yorkville, Kendall County,
Illinois (hereinafter "CITY") to annex the said real property into the CITY; and its Plan
Commission has heretofore approved the proposed land uses and the zoning of the same; the
Subject Property is illustrated on the survey of Atwell-Hicks, Inc. dated May 23, 2003, last
revised 5/23/2003, Exhibit "F"; and
WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and
conditions upon which Exhibit real property heretofore described in Exhibit "A ' will be annexed
to the CITY in an orderly manner; and further to provide how the real property described in
Exhibit "A" will be developed within the CITY in an orderly manner; and
WHEREAS, the OWNERS/DEVELOPERS and their representatives have discussed the
proposed Annexation of and the development of all the Subject Property and have had public
meeting with the City Council; and prior to the execution hereof, notice was duly published and
a public hearing was held to consider this Agreement, as required by the statutes of the State of
Illinois, in such case made and provided.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11 -15
through 65 ILCS 5/11 -15.1-5, as amended, as follows:
1 . ANNEXATION AND ZONING:
The CITY shall adopt an ordinance annexing to the CITY all of the real
property described in the attached Exhibit "A" as designated in the attached Annexation Plat
incorporated herein as Exhibit "B" and the CITY in said Ordinance shall zone the real property
described on Exhibit "A", subject to the further terms of this Agreement as M-2, General
Manufacturing District, with the specific Special Uses as permitted uses, as illustrated on the
Zoning Exhibit by Schoppe Design Associates dated 1/13/2005, last revised 5/23/2005, Exhibit
"E"; Parcel 6 on Exhibit F may be used as a Public Works Facility.
Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as
set forth on Exhibit "C", M-2, General Manufacturing District, and said real property shall be
Page 1 of 11
used and developed in accordance with 65 ILCS 5/11 -16- 1 through 65 ILCS 5/11 -15/1-5, and in
accordance with the CITY Subdivision Control and Zoning Ordinances.
2 The CITY agrees that in consideration of OWNERS/DEVELOPERS voluntarily
annexing the real property described in the attached Exhibit "A" to the CITY and developing the
real property described in the attached Exhibit " E" and CITY and O WNERS/DEVELOPERS
will each undertake the following duties, covenants, and obligations:
A.
i. OWNERS/DEVELOPERS and CITY which shall provide that upon
approval and execution of this Annexation Agreement by the CITY,
OWNERS/DEVELOPERS shall immediately dedicate for right-of-way
purposes as depicted on the Plat of Dedication of right-of-way
incorporated herein as Exhibit "D".
ii. Said dedication shall be to the CITY and shall be at no cost to the
CITY.
iii, The internal roadway on the Subject Property shall be designed and
constructed by OWNERS/DEVELOPER to accommodate heavy truck
traffic not exceeding 80,000 pounds to conform with Class H Road
Standards under the Illinois Motor Vehicle Code, including the large
tractor trailers that bring aggregate trucks, and heavy construction
vehicles.
Perimeter Roads: OWNERS/DEVELOPER shall improve Eldemain Road
adjacent to Parcel s to Kendall County standards;
OWNERS/DEVELOPER shall improve Corneils Road, Faxon Road, and
Beecher Road to CITY standards at such time as is necessary for the
concurrent use of the Perimeter Roads for development in the Property.
It is contemplated that the 1423 feet of West Beecher adjacent to the
Property will be maintained as a tar and chip road to direct truck traffic
from the Property to Eldemain Road. So long as West Beecher is
maintained as a tar and chip road, OWNER/DEVELOPER will
pay/reimburse the CITY for one half of the maintenance cost for West
Beecher Road,
If OWNER/DEVELOPER develops Perimeter Roads or other off site
improvement, the CITY will enter a recapture agreement or agreements
with OWNER/DEVELOPER to recapture from adjacent owners one half
of the costs of perimeter roads expended by OWNER/DEVELOPER or
Page 2 of 11
the reasonable sharing of other off site improvement. The improvement
costs shall include engineering and c onstruction costs. T he C ITY shall
adopt the recapture ordinance within ninety (90) days following notice
from OWNER/DEVELOPER that the facilities are complete, and upon the
certification of actual costs by OWNER/DEVELOPER's engineer and
approval by the City Engineer. The recapture ordinance shall provide that
OWNER/DEVELOPER to be paid a reasonable amount of interest on the
amount expended in completing the improvements, which interest shall be
calculated from and after the date of completion and acceptance of the
improvement and for payment of all recapture sums due at the time of
annexation and use by any benefited property owner.
B. This Agreement between the CITY and OWNERS/DEVELOPERS
specifically grants authority by OWNERS/DEVELOPERS:
i. Authorize and permit the extension of all CITY, Yorkville-Bristol
Sanitary District, and public utilities including, but not limited to
telephone, electric and gas through said area.
ii. Consent to the rebate of 50% of sales tax revenue to
OWNERS/DEVELOPERS of this development and Annexation
Agreement with the CITY, as to sales tax revenues generated on the
subject property to this Agreement (as described on Exhibit A) , in order
for OWNERS/DEVELOPERS to recover the cost of road and related
public improvements over the areas of OWNERS/DEVELOPERS real
property, including public improvements to perimeter roads and public
offsite improvements required for the development described in Exhibit
3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except
as herein modified or varied, the OWNERS/DEVELOPERS shall comply, in all respects, with
all of the provision of the ordinances of the CITY in the development of the subject real property
herein described except as vaned by this Agreement.
In connection with the development of the entire real parcel being annexed, the CITY and
OWNERS/DEVELOPERS agree as follows:
A. The development of the entire real property which is currently being
annexed as described in Exhibits `B" and "E" can be done in phases or units.
B. If at the time of development, the existing CITY dedications, easements
and right-of-way are not adequate to facilitate sewer, water or other utility
extensions, the CITY agrees to exercise its power of eminent domain, if
necessary, to acquire such easements and right-of-ways, including easements
Page 3 of 11
from the then present terminus of the existing municipal sanitary sewer and water
lines to the boundary line of the Subject Property being developed, and the cost
and expense incurred by the CITY shall be paid by the OWNERS/DEVELOPERS
and added to the rebate amounts described in this Annexation Agreement and
reimbursed to the OWNERS/DEVELOPERS from sales tax revenues generated
on the site.
C. Storm water detention facilities can be constructed in stages with capacity
for storm water detention facilities based upon the need of each phase or unit as
developed taking into account the detention capacity that is required on
OWNERS/DEVELOPERS' real property to serve the parcel.
D. OWNERS/DEVELOPERS shall require in any lease or contract of sale
and license to the batch plant operator or other special use approved on the
Subject Property that all or any sales from the concrete batch plant or other
special use shall be invoiced from the Subject Property and that all sales tax be
reported as received at the Subject Property.
E. Except as otherwise provided in this Agreement, no change, modification
or enactment of any ordinance, code or regulation shall be applied during the term
of this Agreement so as to affect the zoning classification of the Subject Property,
the bulk regulations, including, but not limited to setback, yard, height, FAR and
frontage requirement, contribution ordinances and the uses permitted thereunder
by the Zoning Ordinance of the CITY in effect as of the date of this Agreement,
except to the extent BOCA Building Codes, Fire Codes, and like ordinances
which are non-monetary in nature are from time to time amended affecting in a
uniform and non-discriminatory manner all subdivisions within the CITY, which
are not Final Platted, or for which building permits have not been issued. Except
as modified by the terms and provisions of this Agreement, the
OWNERS/DEVELOPERS shall comply in all respect with the conditions and
requirements of all ordinances of the CITY applicable against property similarly
situated a nd z oned w ithin t he C TTY as s itch o rdinance m ay exist from t ime t o
time subsequent to Annexation to the CITY, provided, however, notwithstanding
any other provision of this Agreement, if there are changes to said ordinance,
regulations, or codes which are less restrictive in their applications to similarly
situated and zoned lands, then the OWNERS/DEVELOPERS, at their election,
shall be entitled to like treatment with respect to the Subject Property being
annexed herein.
F. It is understood and agreed that all subsequent amendments of this
Agreement, plats of subdivision, or any development of the Subject Property may
be obtained for all or any portion of the Subject Property without affecting the
rights, duties or obligations of the parties hereunder or their assigns as to the
balance of the Subject Property not included in the afore described actions.
Page 4 of 11
I
G.
i. It is agreed that other than the existing ordinances dealing with
land cash donations for the schools, parks and fire protection districts; and
fees for building permits, occupancy permits and tap-on fees, transition
fees to the CITY and YORKVILLE School District, and review fees in the
event any portion of the Subject Property is developed for residential
purposes, that no additional fees or donations will be required by the
CITY from OWNERS/DEVELOPERS, except as may be charged on a
non-discriminatory basis to all residents of the CITY.
ii. OWNERS/DEVELOPERS agree on their own behalf and that of
any future OWNERS/DEVELOPERS to voluntarily pay school transition
fees as are in effect with the CITY at the time of execution of this
Agreement, as to the portion of the real property that is developed for any
residential purpose.
H.
i. The parties hereto agree that the Subject Property may continue to
be used for existing agricultural uses, until the Subject Property is
developed. In addition thereto, all such agricultural uses thereof shall be
considered legal, non-conforming uses.
ii. The CITY agrees that, after a Final Plat of Subdivision is recorded
and the applicable bonds or letters or credit are delivered to the CITY, the
OWNERS/DEVELOPERS shall not be required to construct all on-site
and off-site improvements prior to issuance of a building permit for
buildings or improvements on any portion of said subdivided land, if
consented to by the City Engineer which consent shall not be
unreasonably withheld. Rather, the OWNERS/DEVELOPERS shall be
allowed to construct the required off-site and on-site improvements
simultaneously with the issuance of building permits for individual lots,
and/or buildings, but it is understood that building permits may not be
issued unless OWNERS/DEVELOPERS have provided adequate road
access (paved roads) to the lots for emergency vehicles; and have provided
sufficient water supplies for fire fighting purposes. However, all off-site
and on-site improvements (except final lift of bituminous asphalt surface
on roads and landscaping), serving any said lot or building shall be
installed by OWNERS/DEVELOPERS and approved by the CITY before
an occupancy permit is issued for said lot or building and the balance of
the required on-site subdivision improvements not required to serve said
lot or building may be constructed in phases, consistent with each
Page 5 of 11
recorded Final Plat of a phase or unit of said development, as the
development on each unit progresses.
iii. It is understood that the CITY will cooperate with the
OWNERS/DEVELOPERS in the procurement and/or execution of the
necessary permits from the appropriate government bodies to allow the
construction of the street access from the Subject Property for the
development of the Subject Property.
iv. It is specifically understood and agreed that the
OWNERS/DEVELOPERS and their successors and assigns shall have the
right to sell, transfer, mortgage and assign all or any part of the Subject
Property and the improvements thereon to other persons, trusts,
partnerships, firms, or corporation for investment, building, financing,
developing and all such purposes, and that said persons, trusts,
partnerships, firms or corporations shall be entitled to the same rights and
privileges and shall have the same obligations as the
OWNERS/DEVELOPERS have under this Agreement and upon such
transfer, the obligations pertaining to the property transferred or sold shall
be the sole obligations of the transferee, except for any performance bonds
or guaranties posted by OWNERS/DEVELOPERS on any subdivided or
improved property for which an acceptable substitute performance bond or
letter of credit has not been submitted to the CITY.
V. It is understood and agreed by the parties hereto that time is of the
essence of this Agreement, and that all of the parties will make every
reasonable effort to expedite the subject matter hereof; it is further
understood and agreed by the parties that the successful consummation of
this Agreement requires their continued cooperation.
vi. The Covenants and Agreements contained in this Agreement shall
be deemed to be covenants running with the land during the tern of this
Agreement and shall insure to the benefit of and be binding upon the heirs,
successors and assigns of the parties hereto, including the CITY, its
corporate authorities and their successors in office and is enforceable by
order of the Court pursuant to its provisions and the applicable Statues of
the State of Illinois.
vii. If any provision of this Agreement is declared invalid or illegal by
a Court of competent jurisdiction, then said provision shall be excised
therefrom and the remainder of the Agreement shall not be affected
thereby.
Page 6 of 11
I
i
i
4. The OWNERS/DEVELOPERS acknowledge that they must annex the real property
described in Exhibit "A" when development is sought by them or any future
OWNERS/DEVELOPERS to the Yorkville-Bristol Sanitary District, and further acknowledge
that annexation to the CITY in no way guarantees sewer service to the entire parcel by the
Sanitary District.
5. BINDING EFFECT AND TERM:
A. This Development and Annexation Agreement shall be binding upon and
inure to the benefit of the parties hereto, and their successors and owners of
record of land which is the subject of this Agreement assignees, lessees, and upon
any successor municipal authorities of said CITY; so long as development is
commenced within a period of twenty years from the date of execution of this
Agreement by the CITY.
B. CITY and OWNERS/DEVELOPERS agree that the terns and conditions
of this Agreement are contingent upon OWNERS/DEVELOPERS and CITY
entering into this Annexation Agreement providing for the enforceability of the
joint obligations effecting Parcel "A ' of OWNERS/DEVELOPERS and the real
property described in this Agreement.
6. NOTICES: Any notice required or permitted by the provisions of this
Agreement s hall b e i n writing and s hall b e d eemed e ffectively given o n t he d ate o f p ersonal
delivery or confirmed telefacsimile transmission or on the second business day following deposit
in the U.S, Mail, certified or registered, return receipt requested, postage prepaid, and addressed
to the Parties at the following addresses, or at such other addresses as the Parties may, by notice,
designate:
If to the CITY: City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
(630) 553-4350
Fax: (630) 553-7575
With a copy to: John Wyeth
Attorney for the City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
(630) 553-4350
Fax: (630) 553-7575
Lwyeth(cdvorkville.il.us
Page 7 of 11
If to Owner: Donald J. Harriman
13351 B Faxon Road
Plano, IL 60545
(630) 554-9101
Fax: (630) 554-9181
With a copy to: John P. Duggan
Duggan Law Offices
181 S. Lincolnway
P.O. Box 273
North Aurora, IL 60542-0273
(630) 264-7893
Fax: (630) 264-13 10
dugganjpd a,aol.com
7. ENFORCEABILITY This Agreement shall b e enforceable in any C ourt
of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity
of law or in equity to secure the performance of the covenants herein contained. In the event any
portion of said Agreement becomes unenforceable due to any changes in Illinois Compiled
Statutes or Court decisions, said enforceable portion of this Agreement shall be excised
therefrom and the remaining portions thereof shall remain in full force and effect.
8. ENACTMENT OF ORDINANCES: The CITY agrees to adopt any
ordinances which are required to give legal effect to the matters contained in this Agreement or
to correct any technical defects which may arise after the execution of this Agreement.
IN W ITNESS W HEREOF, the P arties h ave e xecuted t his A greement o n t he d ate first
above written and, by so executing, each of the Parties warrants that it possesses full right and
authority to enter into this Agreement.
CITY OF YORKVILLE, an Illinois Municipal Corporation
Arthur Prochaska, Jr., Mayor
Attest N-�1�
erk
Page 8 of 11
OWNERS/DEVELOPERS
Donald J. Hamman, Carol S . Hamman and
Five H, LLC
onald J. Hamm
Carol S. Hamman
Five H, LLC
By C1.bwvwu ��
Donald J. H , its Manager
Page 9 of 11
STATE OF ILLINOIS )
j SS
COUNTY OF KENDALL )
1, t he u ndesigned, a Notary Public i n and for s aid C ounty, i n the S tate aforesaid, D O
HEREBY CERTIFY, that Arthur Prochaska, Jr. , Mayor of the City of Yorkville and Jackie
Milsctrewski, City Clerk of said City, personally known to me to be the same persons whose
names are subscribed to the foregoing instrument acknowledged that they signed and delivered
the foregoing instrument as their own fi-ee and voluntary act and as the free and voluntary act of
said CITY, for the uses and purposes therein set forth; and the said City Cleric then and there
acknowledged that she, as custodian of the corporate seal of the CITY, did affix the corporate
seal of said CITY to said instrument as her own free and voluntary act and as the free and
voluntary act of said CITY, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this J ''`t` 'clay of ` _1c e ._.--�� , 2005 .
r
,r t
� E t
Notary Public
STATE OF ILLINOIS )
SS
COUNTY OF KENDALL )
I, t he a ndesigned, a N otary P ublic i n and f or s aid C ounty, i n t he S tate aforesaid, D O
HEREBY CERTIFY, that Donald J. Haumran, individually and as manager of Five H, LLC, and
Carol S . Hamrnan, who are personally known to me to be the same persons whose names are
Subscribed to the foregoing instrument acknowledged that they signed and delivered the
foregoing instrument as their own free and voluntary act and as the free and voluntary act of said
company, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this _ U'o day of e t 'v 2005.
—, N Lary Public`-
OFN P,AL SEAR
JOHN P, DUCt�AN
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 2.13-2009
^my CO-. 4
^.n�v .y,n..ti ^rvM
Page 10 of 11
EXHIBIT LIST
Exhibit "A" Legal Description of the entire parcel, the Subject Property
Exhibit `B" Plat of Annexation
Exhibit "C" M-2 General Manufacturing District Ordinance
Exhibit "D" Plat of Dedication
Exhibit "E" Zoning Exhibit
Exhibit "F" Plat of Survey prepared byAtwell — Hicks, Inc. dated May 23,
2003 last revised 5/23/2003
M:\My PaperPort DocumentsViAMMAN COMED ANNEXATION YORKVILLEILIncoln Prairie Yorkville Annexation Agreement
17MAy2005.doc
Page 11 of 11
i
EXHIBIT "A"
LEGAL DESCRIPTION OF THE ENTIRE PARCEL,
THE SUBJECT PROPERTY
CHICAGO TITLE INSURANCE COMPANY yy��
OWNER'S POLICY (1992)
L-I NCDLN i�y11C:31j'
SCHEDULE A (CONTINUED)
POLICY NO . : 1410 000518963 AU
5 . THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS :
PARCEL ONE :
THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19 , ALL
IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1 /4 OF SAID SECTION
18 ; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF
SAID SOUTHWEST 1/4 , 1030 . 91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SOUTH
EAST, 3352 . 25 FEET ; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A
POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE CHICAGO , BURLINGTON AND QUINCY
RAILROAD, 844 . 76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG
SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF
SAID SECTION 181 231 . 91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE , -
852 . 71 FEET ; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514 . 80 FEET TO
THE SOUTH LINE. OF SAID SOUTHWEST 1/4 ; THENCE SOUTH 88 DEGREES 38 MINUTES 24
SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1 /4 1816 . 32 FEET TO THE
POINT OF BEGINNING , IN KENDALL COUNTY, ILLINOIS
PARCEL TWO :
THAT PART OF THE SOUTH 1/2 OF SECTION 18 , TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST
I CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION ; THENCE NORTH 00 DEGREES 00 MINUTES
54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 , 1917 . 41 FEET, TO THE
POI14T OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT
ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126 . 88 FEET; THENCE
CONTINUING ALONG THE LAST DESCRIBED COURSE , 223 . 50 FEET ; THENCE SOUTH 00 DEGREES
08 MINUTES 07 SECONDS EAST, 886 . 50 FEET ; THENCE SOUTH 89 DEGREES 57 MINUTES 33
SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352 . 25 FEET ; THENCE NORTH 00 DEGREES
00 MINUTES 54 SECONDS WEST , ALONG SAID WEST LINE , 886 . 50 FEET TO THE POINT OF
BEGINNING, IN KENDALL COUNTY , ILLINOIS
PARCEL THREE :
THAT PART OF THE WEST 1/2 OF SECTION 18 , TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER
OF THE NORTHWEST 1/4 OF SAID SECTION 18 ; THENCE SOUTH 00 DEGREES 00 MINUTES 54
SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4 , 1929 . 92 FEET TO THE POINT
OF BEGINNING ; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565 . 21 FEET;
THENCE SOUTH 59 DEGREES , . 16 MINUTES 25 SECONDS EAST 913 . 73 FEET ; THENCE SOUTH 00
DEGREES 04 MINUTES 45 SECONDS EAST, 191 . 76 FEET ; THENCE SOUTH 23 DEGREES 01
MINUTES 57 SECONDS EAST, 820 . 55 FEET ; THENCE SOUTH 89 DEGREES 57 MINUTES 33
SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION ,
SAID POINT BEING 1917 . 41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION
AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671 . 52 FEET; THENCE NORTH 00
CONTINUED ON NEXT PAGE
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED .
oru;m
AEM 10/30/ 03 14 : 34 : 45
CHICAGO TITLE INSURANCE COMPANY
OWNER'S POLICY (1992) tic L N �a6
SCHEDULE A (CONTINUED)
POLICY NO . : 1410 000518963 AU
i DEGREES 00 MINUTES 54 SECONDS WEST , ALONG SAID WEST LINE TO THE WEST QUARTER CORNER
OF SAID SECTION, 722 . 59 FEET ; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST,
ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, 702 . 00 FEET TO THE POINT OF
BEGINNING , IN KENDALL COUNTY , ILLINOIS
PARCEL FOUR :
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18 , TOWNSHIP 37 NORTH , RAGE EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTH {QUARTER
CORNER OF SAID SECTION 18 ; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG
THE NORTH AND SOUTH QUARTER LINE , 3437 . 83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33
SECONDS EAST, 223 . 50 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUING ALONG THE LAST
DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID
SECTION, 1102 . 80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EX.ST , ALONG SAID
EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND
QUINCY RAILROAD, 1423 . 23 FEET ; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ,
ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT 231 . 91 FEET NORTHEASTERLY OF SAID
QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT-OF-WAY LINE , 1147 . 75 FEET ; THENCE
NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE , 1731 . 26
FEET TO THE POINT OF BEGINNING , IN KENDALL COUNTY, ILLINOIS
PARCEL FIVE :
THAT PART OF THE NORTHWEST 1/4 OF SECTION 18 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF
SAID NORTHWEST 1/4 ; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST , ]:,.T LONG THE
NORTH LINE OF SAID NORTHWEST 1/4 , 1643 . 82 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45
SECONDS EAST 1385 . 95 FEET ; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST,
1644 . 76 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4 , 1644 . 76 FEET ; THENCE
NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE , 1339 . 30 FEET TO
THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS
PARCEL SIX :
THAT PART OF THE NORTHWEST 1 /4 OF SECTION 18 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF
SAID NORTHWEST 1/4 ; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST , ALONG THE
NORTH LINE OF SAID NORTHWEST 1/4 , 1643 . 82 FEET TO THE POINT OF BEGINNING ; THENCE
NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG SAID NORTH LINE TO THE NORTHEAST
CORNER OF SAID NORTHWEST 1/4 , 1477 . 01 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07
SECONDS EAST , ALONG THE EAST LINE OF SAID NORTHWEST 1/4 , 926 . 62 FEET ; THENCE SOUTH 89
DEGREES 59 MINUTES 08 SECONDS WEST, 163 . 69 FEET ; THENCE SOUTH 00 DEGREES 00 MINUTES
52 SECONDS EAST, 252 . 72 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 08 SECONDS EAST,
164 . 12 FEET TO A POINT ON SAID EAST LINE ; THENCE SOUTH. 00 DEGREES 08 MINUTES 07
SECONDS EAST, ALONG SAID EAST LINE , 249 . 67 FET; THENCE SOUTH 89 DEGREES 5 ; MINUTES 08
SECONDS WEST 1477 . 90 FEET ; THENCE NORTH 00 DEGREES 04 MINUTES 45 SECONDS WEST 1388 . 90
FEET TO THE POINT OF BEGINNING , IN KENDALL COUNTY , ILLINOIS
i
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED ,
OPO[AS2
10/30/ 03 14 : 34 : 47
EXHIBIT "B"
PLAT OF ANNEXATION
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EXHIBIT "C"
M-2 GENERAL MANUFACTURING DISTRICT ORDINANCE
I
I
10-88-1 10-8B-2
CHAPTER 8
MANUFACTURING DISTRICTS
ARTICLE B, M-2 GENERAL MANUFACTURING DISTRICT
SECTION:
10-8B- 1 : Uses Permitted
10-8B-2: Conditions of Permitted Uses
10-8B-3: Special Uses
10-8B-4: Yard Areas
10-88-5: Lot Coverage
10-8B-6: Floor Area Ratio
. 10-8B-7: Signs
10.86-1 : USES PERMITTED: The following uses are permitted:
Any use permitted in the M-1 District.
Any production, processing, cleaning, servicing, testing, repair or storage of
materials, goods or products which conforms to the performance standards
established for this District' .
Cement block manufacture.
r„
Contractor or construction such as: building, cement, electrical,
refrigeration , masonry building, plumbing, roofing, air conditioning, heating
and ventilating, fuel oil, with a storage of fuel oils, gas and other flammable
products limited to twelve thousand (12,000) gallons per tank, with a total
storage on zoning lot not to exceed fifty thousand (50,000) gallons. (Ord.
1973.56A, 3-28-74)
10-8B-2: CONDITIONS OF PERMITTED USES: All. permitted uses are
subject to the following conditions:
1 . See Section 10.8.1 of this Title.
City of Yorkville
I
� C
e
10-88-2 10-88-5
A. All production, processing, cleaning, servicing, testing, repair or
storage of goods, materials or products shall conform with the
performance standards set forth in Section 10-8-1 of this Title.
B. Within one hundred fifty feet (150) of a residence district, all
business, production, servicing, processing and storage shall take
place or be within completely enclosed buildings; except, that
storage of materials or products may be open to the sky provided the
storage area is enclosed with a solid wall or fence, as required by
the Zoning Administrator.
However, within such one hundred fifty feet (150') of a residence 1
district, off-street loading facilities and off-street parking of motor
vehicles under one and one-half (00 tons' capacity may be
unenclosed, except for such screening of parking and loading
facilities as may be required under the provisions of Chapter 11 of
this Title. (Ord. 1973-56A, 3-28-74)
10-813-3: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10-14-6 of this Title:
Any use which may be allowed as a special use in the M-1 District.
Railroad repair shops, maintenance buildings and switching yards.
Stone and gravel quarries and crushing, grading, washing and loading
equipment and structures, provided the land is redeveloped by the owner in
accordance with a plan of redevelopment approved with the granting of the
special Else permit and is accompanied by a bond in the amount of the
estlmgted cost of redevelopment. (Ord. 1973-56A, 3-28-74)
10-8B-4: YARD AREAS: All yard areas shall be the same as required
In the M-1 Limited Manufacturing District. (Ord. 1973-56A,
3-28-74)
10-813-5: LOT COVERAGE: Not more than sixty percent (60%) of the
I area of a lot may be covered by buildings or structures,
including accessory buildings. (Ord. 1973-56A, 3-28-74)
City of Yorkville
36
10-8B-6 10-8B-7
10-8B-6: FLOOR AREA RATIO: Not more than 0.85. (Ord. 1973-56A,
3-28-74)
10-86-7: SIGNS: The use of signs in this District shall be subject to the
same regulations as set forth in Section 10-12-3 of this Title.
(Ord. 1973-56A, 3-28-74; 1994 Code)
i
i
City of Yorkville
EXHIBIT "D"
PLAT OF DEDICATION
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EXHIBIT "E"
ZONING EXHIBIT
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C/Ty Reviewed By: Agenda Item Number
O
J � n Legal ❑ Old Business #1
EST. Z las El s Engineer Finance ❑
1 Engi
Tracking Number
City Administrator ❑
M., Consultant ❑ PC 2008-04
Agenda Item Summary Memo
Title: Yorkville Town Center(Raycorp)—PUD Amendment and Rezoning Request
Meeting and Date: EDC 5/1/08
Synopsis: Request to amend PUD Agreement and rezone to PUD zoning classification.
Council Action Previously Taken:
Date of Action: 2/13/08 Action Taken: Plan Commission Public Hearing
3/25/08 City Council Public Hearing
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Travis Miller Community Development
Name Department
Agenda Item Notes:
See attached report.
k�D C/A�
�� � O Memorandum
To: EDC
EST leas From: Travis Miller
CC: Lisa Pickering (for distribution)
0 1 os ,� Date: April 23, 2008
y y� Subject: PC2008-04 Yorkville Town Center (Rezoning and PUD Agreement
E ,mod Amendment)
PC 2008-04 Raycorp - Rezoning (R-2 Duplex to PUD) and Concept PUD Request
Background
The Plan Commission conducted a public hearing February 12, 2008 to consider a request to
amend the zoning classification from R-2 Duplex to PUD and consider the Concept PUD Plan.
The Plan Commission action was as follows:
- Motion to recommend rezoning to PUD classification subject to addressing staff
comments and the following items in the amended PUD Agreement:
• Provide access to the property to the south (Pottinger);
• Require development to adhere to the `dark sky' requirements for
parking lot lights and building lights;
• Provide a minimum of two points of ingress/egress to the property,
including one across property to the east (Hughes);
• Require improvements of Route 71 to include dedicated turning lanes
at the entrance in the event IDOT does not require;
8 ayes; 0 no
- Motion to recommend approval of the Concept PUD Plan subject to staff comments.
8 ayes; 0 no
Findings Necessary for a Zoning Amendment shall be based on the following:
a. Existing uses of property within the general area of the property in question.
b. The zoning classification of property within the general area of the property in question.
c. The suitability of the property in question to the uses permitted under the existing
zoning classification.
d. 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.
e. The impact that such reclassification and/or annexation 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 -4-76)
Comprehensive Plan Recommendations relevant to this site:
e The Comprehensive Plan Land Use Plan for the property recommends Transitional
Neighborhood.
• The Comprehensive Plan identifies Route 71 as a "gateway corridor." Given this
distinction, attention should be given to the landscaping along this route along with
providing trail/sidewalk to connect into the surrounding properties.
Staff Comments:
Amended PUD Agreement:
• Attached to this report is a draft First Amendment Annexation and PUD Agreement for
Yorkville Town Center. Staff has reviewed this document and recommends the
modifications as noted on the attached.
Notes: Plan Commission recommendations have been addressed in the agreement as
follows:
• Article IV Section 2 — provision added to "provide access to the
property to the south (Pottinger)';
• Article III Section 3 — provision added to "require development to
adhere to the `dark sky ' requirements for parking lot lights and
building lights ';
• Article IV Section 3 — provisions added to "provide a minimum of two
points of ingress/egress to the property, including one across property
to the east (Hughes)", and to "require improvements of Route 71 to
include dedicated turning lanes at the entrance in the event IDOT does
not require";
• Economic Incentive Provision:
• Article IV Section 17 includes the terms proposed for the Economic Incentive
Agreement proposed for this development/property. Staff has requested a detailed
itemization for the $ 1 .6 million amount requested. Assuming the EDC's approval to
rebate sales tax revenue in this amount, the terms of the agreement should include:
■ a maximum rebate of 50% of sales taxes generated annually;
• A cap of 12 years;
• A minimum requirement for the size of the anchor as well as the ancillary
retail uses to be occupied on the property.
• Staff has researched the revenues generated by a similar grocery anchor (Jewel and
Yorkville Marketplace) and, the total sales tax generated at Jewel/ Yorkville
Marketplace were $ 1 .5 million between January 2004 and March 2007. Assuming a
similar pace of occupancy and sales, 1 .6 million in 12 years is a reasonable time
period.
Concept PUD:
• A 10' wide pedestrian trail should be provided along the entire length of the property
frontage that parallels Route 71 .
• A tree preservation plan shall be submitted, which shall include the location, species, and
size of the existing trees on the site.
• Site design shall be sensitive to existing trees and incorporate them into the landscape plan.
• Due to the use of the proposed commercial area, including the service drive on the west edge
of the property, it would be appropriate to increase the landscape buffer yard width, plant
material amounts, and add a berm to sensitively develop the site to the Forest Preserve
property to the west.
• The detention area should be a naturalized basin.
• Connection should be planned to the adjacent property to the south and incorporated into the
site plan.
• The narrative description should be modified to state the bank site is a maximum of one
parcel and drive-thru facilities a maximum of 4.
I
03-05-08 to client
03-26-08 City Staff Review Comments
04-03-08 Staff Revised Comments (following 04-02-08 meeting with petitioner)
04-23-08 Staff Revised incorporating comments from 04-3-08 EDC discussion
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
THE ABOVE SPACE FOR RECORDER'S USE
FIRST AMENDED
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE
AND
RAYCORP, INC.
DEVELOPER AND OWNER OF RECORD
(YORKVILLE TOWN CENTER)
WHEREAS, a Petition for Annexation, Rezoning, Planned Unit Development and
Preliminary Plat Approval for the real estate legally described in Exhibit I attached hereto
("Subject Realty"), was previously filed with the United City of Yorkville, Illinois ("City ") by the
previous owners of the Subject Realty ; and
WHEREAS, the Plan Commission previously held a public hearing on said petitions in
accordance with law and recommended approval thereof; and
WHEREAS, the City authorized execution of, and did execute, an "Annexation and
Planned Unit Development Agreement between the United City of Yorkville and Burnside
Construction Company, Developer, and the Owner of Record" ("Prior Agreement") for the Subject
Realty; and
WHEREAS, subsequent to execution of the Prior Agreement, the previous owners sold the
Subject Realty to Raycorp, Inc., who is the present owner and developer of the Subject Realty
(hereinafter sometimes referred to as "Owner" and/or "Developer"); and
WHEREAS earthwork including_ stormwater ponds was commenced on the site but not
completed by the Owner/Developer;
WHEREAS wetland areas have been identified on the property and are under the
Jurisdiction of the Army Corps of Engineers;
Deleted: WEIEREAS, the market for
WHEREAS, Owner has petitioned the Ci to consider-a change of zonin to Planned Unit ;-" call changed
_____p---_____---__ty__--_-_____---__-__g_______�___ the timtialurdior Agreasti from
-merit-u ------- "" es on t e the meth Prior Agreement wa nits planned
and
Development under the commercial B-3 district regulations to allow commercial uses on the given the number of residential units planned
Subject Realty, and but not yet built in the greater Yorkville
community the Parties agree that development
WHEREAS, a commercial development on this Subject Real will provide the much of the Subject Realty for residential purposes is
P Subject P no longer feasible or reasonable; and¶
needed commercial services to the Yorkville community�n the vicinity of the Subject Realty; and
------------" Deleted: located south of the river
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the Subject Realty will be developedin an orderly manner; and_- __ _ _ _ .- Deleted: in to the City
WHEREAS, Owner and Developer and thew representatives have discussed the proposed
commercial Planned Unit Development zoning classification and have had a Public Hearing with
the Plan Commission as to the proposed commercial Planned Unit Development classification and
have had a Public Hearing with the City Council as to this First Amended Annexation and
Planned Unit Development Agreement (the "Agreement"), and prior to the execution hereof,
notice was duly published and a public hearing was held to consider this Agreement, as required
by the statutes of the State of Illinois in such case made and provided.
WHEREAS, the terms of that certain Prior Agreement shall be rendered void and replaced
in its entirety by this Agreement; and
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, as follows:
ARTICLE
PLANNED UNIT DEVELOPMENT ZONING APPROVAL , Deleted: under
Subject sae rezoned from The United City of Yorkville R-2 Duplex Two- Deleted: At such time as Owner obtains a
The Sub] Realty b ty P � developer to construct the commercial uses on
Family Residence Planned Unit Development District to the commercial Planned Unit the Subject Realty, said developer shall submit
Development District ----- the B-3 Hi hula Business District regulations and the provisions of % and the city shall approve a Preliminary
P ----_______g---__y __------___ -------.____-_--- - --------------- - Planned Unit Development application for that
this Agreement ----------------------------------------------------------------------------------------------------------_---- P ortion of the Subject Real ty which is proposed
ARTICLE II for development ¶
PLANNED UNIT DEVELOPMENT PLANS Comment [TMI]: This date should be revised
with the submittal of the plan described at the
SECTION I: APPROVED CONCEPT PLAN minus n s the Commission station public otherwise heading in March -
minus the gas station use- otherwise a
provision should be included addressing the
The Concept Plan prepared by MeritCorp, PC, �vith last revision date of December 28, 2004 i gas station special use requirement.
a copy of which is attached hereto as Exhibit It ("Concept Plan') has been reviewed by the Plan comment [TM2]: Them are several
Commission of the City d is ereb approved b the City as a art of this A eemen,,II. At such ; outstanding items staff and the Plan
ty �ll y pp y ty P 4__ ----- -_ Commission have recommended to be
time as a commercial user of the Subject Realty is obtained, said user and/or developer shall apply amended on the Concept Plan submitted.
for a Prelimin pplanned Unit Develo merit and Final Subdivision Plan and Plat approval These will need to be addressed and the
�Tt-_-__ ---------___-P----____----_____--_____---_-________ --------PP____-_--------__, Concept Plan resubmitted prior to this
The Concept Plan N hereby deemed approved. Development within the Subject Realty provision being acceptable
shall be in substantial conformity with: 1) the Concept Plan as further revised in the preliminary Deleted: and Final
2
and final planned unit development process; 2) 4ll provisions_ of United City of Yorkville -- Deleted: applicable
Municipal Cod ei 3) and this _Agreement_ Development of the Subject Realty shall be in conformity ---- Deleted: subdivision Ordinance
with applicable ordinances of the City, except as otherwise provided or specifically varied or
limited in this Agreement, and in accordance with the additional procedures, definitions, uses and
restrictions contained herein.
SECTION 2: REVIEW AND APPROVAL OF PRELIMINARY AND FINAL PLATS AND PLANS
A. Preliminary Plans. All review, approval and construction of work with respect to the
construction of the an�d improvements by the Developer shall be performed in conformity with - Deleted: Public
Section 2 of this Agreement, the Preliminary PUD Plan, the Preliminary Engineering Plan, and Deleted: l
final PUD and final engineering drawings to be submitted to Jhe City Engineer for review and _ __ Deleted: and to he approved by
approval. Upon approval of the Preliminary Planned Unit Development by the City, the Developer
shall prepare and submit to the City for approval by the City, a final plat of subdivision and final
engineering for the Development. All approvals by the City staff and City engineering consultants
shall not be unreasonably delayed.
B. Final Plans. Developer shall have the right to develop the Subject Realty in such number
of phases or units (individually a "Phase Development") as Developer ,4nd the City mutually _.__ ==ors
troin time to time determine in
- --- ----------
agree upon. Upon the submittal by Developer to the City of a final plat of subdivision ("Final irs sole discretion
Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final
Engineering Plans') for a Phase of Development, which substantially conform with the
Zrelinrfnar�Plan as to such Phase of Development, the City shall_promptly approve such Final __ Deleted: concept
Plat, (so long as it is in substantial conformity with the approved _ laminar r�Plan_ and that_- Deleted: concept
Developer is not in material breach or default as to any terms of this Agreement), Final Landscape
Plan and Final Engineering Plan incompliance with applicable law and cause the Final Plat to be
duly recorded with the Kendall County Recorder's Office provided Developer complies with
applicable City regulations pertaining to (i) the posting of the applicable Security Instruments, as
defined in Paragraph 13-B of this Agreement, for such Phase of Development, (ii) the payment of
applicable fees to the City has provided for in this Agreement, and (iii) the procurement of such
approvals as may be required by other governmental authorities with jurisdiction thereover.
C. Review of Plans. Upon Developer's submittal to the City of preliminary and/or final
engineering specification, technical details, plats and/or plans and preliminary and/or final
planned unit development plans ("Plans') for the Property, the City shall promptly make such
initial reviews of the Plans and shall submit a letter detailing all requested correction,- The:-- Deleted: within forty-fiv odsualendar days
Developer shall then make such corrections as are requested or shall confer with City staff to after th awwi of submission of such Plans
clarify the requested corrections and then resubmit Plans containing such corrections to the
previously submitted Plans to the City. Upon xesubmission of the corrections by the Developer, the
City shall promptly review the corrections made by Developer and City shall submit a letter,
Vindicating_ City approval or what corrections were not properly- made, Upon- Developer's-. - Deleted: within fourteen (14) days after
completion of all corrections and upon City approval, the City shall thereafter issue the permits Developer resubmits such corrections,
and approvals to Developer in order for Developer to start construction of the Project. Deleted: rho city agrees and warrants that it
shall not raise new issues when responding to
the Developer's corrections.
SECTION3: PROPERTY OWNERS' ASSOCIATION COVENANTS, CONDITIONS AND
RESTRICTIONS OF RECORD
3
Concurrent with and prior to recording its First Final Plat, Developer shall submit to the
City and City shall review a copy of the Declaration of Covenants, Restrictions and Easements (or
similarly named document) ("Declaration') which will be used by Developer to establish the
covenants, conditions and restrictions for each Phase of Development. The Declaration shall
provide for the authority of Developer and/or the City to establish an association (the "Property
Owners Association') which shall have primary responsibility for the ownership, care and
maintenance of the common open space areas within the Subject Realty ("Common Facilities")
and the collection of assessments from the association members to defray the cost thereof. The
Declaration shall be recorded against each Phase of Development simultaneously with the
recording of the Final Plat for each Phase of Development. The Owner/Developer shall be solely
responsible for creation and formation of the Property Owners' Association, although the City may
have the right, but not the obligation to do so, if Owner/Developer fails to do so.
SECTION 4: DORMANT SPECIAL SERVICE AREA
Owner/Developer agrees to the City enacting at the time of final plat approval. or anytime
thereafter, a Dormant Special Service Area (DSSA) to act as a back up in the event that the Property
Owners Association fails to maintain the Common Facilities, including, but not limited to, private
common areas, detention ponds, perimeter landscaping features and entrance signage within the
Subject Realty. Owner/Developer agrees to execute any and all documentation necessary or
proper to create the Dormant Special Service Area andaj� any and all fees indudin¢ le¢al
expenses for the preparation and approval of said documentation.
ARTICLE III
DEVELOPMENT STANDARDS
SECTION 1: ZONING AND LAND USE REQUIREMENTS
The underlying zoning classification for each of the Phases of Development shall be B-3
Highway Business District pursuant to provisions of the Zoning Ordinance attached hereto as
Exhibit "_". Each of the Phases of Development shall be developed in compliance with the bulk
design standards as set forth in the Zoning Ordinance and Subdivision Ordinance ("Bulk Design
Standards'), unless otherwise provided herein.
SECTION 2: BULK DESIGN STANDARD MODIFICATIONS
Unless otherwise provided in the Preliminary or Final Planned Unit Development Plan to
be submitted and approved by the City, which the City shall reasonably consider at such time as a
commercial user is obtained, each Phase of Development shall be developed in compliance with
the bulk design standards as specified in the City's Nvlunicfpal Code and as universally applied _,.. oeleted: s�nam�aion O�'dinavae a�a the
throughout the City. For any new ordinances adopted subsequent to the dated-
ate of this Agreement, Zoning O.a�oa��e
the City shall give the Owner a six (6) month grace period from the date Owner is notified of any
changes to the Applicable Codes of the City in order to comply with the new regulations except as
otherwise specified in Exhibit VIII attached hereto ("Bulk Design Modifications"). The Bulk
Design Modifications me hereby approved and shall control the development of the Subject Realty
4
irrespective of any conflicting provision contained in the City's Subdivision Ordinance or Zoning
Ordinance. (Exhibit to beattached.) --"- Comment [TM3]: the lot configurations will
"""-""""-" —
-- """"---- ---------- ------------------------------ --------- -__ create lots that will he deemed unbuildable as
setbacks cannot be determined. The agreement
SECTION 3: LIGHTING should acknowledge this situation and stipulate
that this issue will be addressed no later than
Owner/Developer agrees to employ the night sky/dark sky concept as required by the Preliminary part approval.
Citv Subdivision Control Ordinance during the design of all lighting features on the Property.
This includes parking lot and site lighting well as the illumination of buildings and signage. Comment [TMart3]: Exhibit has not been
r� submitted for review.
------___ ------------------------ Formatted: No underline
SECTION 2 TEMPORARY CONSTRUCTION FACILITIES -----I Deleted: 3
Owner/Developer, its successors and assigns shall have the right to place, build and utilize
trailers for management and construction offices and facilities, in each Phase of Development from
the time this Amended Agreement is approved by the City Council until the last occupancy permit
has been issued for all commercial units permitted within the Subject Realty. Said trailers are
subject to the issuance of a building permit if electricity connection is made.
SECTION $; STREET ACCESS __-_-__ ---f Deleted: s
A. Restricted Access: No direct driveway access shall be permitted for any lot onto
Route 71.
B. Minor Streets: The subdivision internal minor streets ("Minor Streets') shall be
private roads and shall provide access from the businesses to Route 71 and Route 47.
SECTION _ SIGNAGE Following the date of this Agreement and through the date of the ___.... Deleted: s
issuance of the final occupancy permit for the last commercial unit, Owner shall be entitled to
construct, maintain and utilize offsite commercial, marketing and location signs at not more than
three (3) locations at any time within the corporate limits of the City , including along Route 71, as
Owner may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to
sign permit review, approval and issuance by the City. Offsite Signs will not be located on Comment [TM5]: The size and height
public right-of-way. owner shall be responsible, at its expense, for obtafnfng all necessary , restrictions will need tobeprovidedfortheoff-
and appropriate legal rights for the construction and use of each of the Offsite Signs. Each premise signs. This section should also identify
the general content of the off-premise signs (or
Offsite Sign 4s subject to review and approval by the City_ In addition to the Off--- Signs, _ provide an exhibit depicting this content)
Owner shall be permitted to construct signage, subject to sign permit review and issuance by the Deleted: may be illuminated and
C announcing and advertising the commercial development upon the Route 71 frontage of the
___-_-_____ _ _ _ -_ _____"_--______ -----------------
Deleted: as deemed appropriate by [he
Subject Realty. Developer
_ Deleted: Permanent signage for the
A. Tem orary Signage: Tem ox Pro ect Si a be ermitted for the Subject commercial developments shall be permitted.
P I� 1 of p rove'---"'i-'Rree " ent.- - The commercial signage shall be permitted
RReal as provided in xhibit IX attached ereto, from the date of approve] of this Agreement
ealty p I" _____ _-______-___ _____ ________• .• pursuant to the same sign standards as
• permitted in other similar shopping centers
1. Owner/Developer shall be allowed three (3) temporary sales Signs '•• \ within the City. I
("Temporary Sales Signs'), each of which shall be double-sided. The Deleted: shall
Temporary Sales signs shall be located as shown on the Concept Plan. • comment [TM6]: No exhibit has been
submitted for review.
Comment [TM7]: Need to determine
tlmetrame or trigger for "temporary"
5
2. Owner/Developer shall be allowed two (2) project marketing signs ("Project
Marketing Signs'). Said Project Marketing Signs may be located as shown
on the Concept Plan and shall have a maximum area of 120 square feet per
side and a maximum height of 15 feet.
3. Owner/Developer shall be allowed to place such signs as shown on the
Concept Plan in conformance with the standards set forth in the City sign _ -- Delete& Zoning and subdivision ordinances
Code currently in effect at the date of execution of this Agreement by the city
unless otherwise modified by this Agreement.
B. Permanent Si a e: Permanent commercial identification signs and features shall
be permitted along Route f7l in accordance with City Municipal Code requirements.__________________ __ ____ comment [TM81: Details must be provided
regarding design, height, area, location,
SECTION 7- CONFLICT wrM DEVELOPMENT ORDINANCES materials, lighting either within this provision
_ _______________________._________________, or as attached exhibit referred to by this
provision.
To the extent of any conflict, ambiguity or inconsistency between the terms, provisions or Deleted: s
standards contained in this Agreement and the terms, provisions or standards, either presently
existing or hereafter adopted, of the City Code, the Zoning Ordinance, Sign Ordinance, Landscape
Ordinance, the Subdivision Ordinance, as heretofore identified, City Reimbursement of
Consultants and Review Fees Ordinance, City School Transition Fee, and City Development Fee, or
any other City code, ordinance or regulation, (collectively defined herein as "Development
Ordinances'k_ proyisfons_of ,this Agreement shall govern- and control, These Development_;_. Deleted: the terms
Ordinances shall be the Ordinances that govern this Subject Realty and as to the dates of this Deleted: ana standards of
Agreement and any amendment to the Development Ordinances shall not apply to the Subject
Realty. Notwithstanding the foregoing, if any City code, ordinance or regulation is hereafter
adopted or amended as to life safety issues which are applied uniformly within the City said
Ordinance shall apply for that purpose to the Subject Realty. Deleted: Further and notwithstanding the city
Codes and ordinances to the contrary, the City
staff and consultants, including architects and
All Development Ordinances in effect as of the date of execution of this Agreement shall engineers, shall respond to submittal of plans
continue in effect insofar as they relate to the development of the Subject Realty, except as from Owners and Developers within forty five
provided in this Agreement, for a period of five (5) years. Any amendment, repeal, or additional (45) days of submittal to the City.No new
issues will be raised City staff and
regulations, which are subsequently enacted by the City, shall not be applied to the development consultants on subsequent reviews of
of the Subject Realty except upon the written consent of the Owners and Developer during said resubmitted plans. ¶
five (5) year period. After said five (5) year period, the Subject Realty and its development will be
subject to all ordinances, regulations and codes of the City in existence on or adopted after the
expiration of said five (5) year period., provided, however, that the application of any such
ordinance, regulation or code shall not result, alter or eliminate any of the ordinance variations
provided for herein, nor result in any subdivided lot or structure constructed within the Subject
Realty being classified as non-conforming under any ordinance of the City.
If, during the term of this Agreement, any existing, amended, modified or new ordinances,
codes or regulations affecting the zoning, subdivision, development, construction of any
improvements, buildings, appurtenances, or any other development of any kind or character upon
the Subject Realty, other than those upon which site plan approval may be based, me amended or
modified to impose less restrictive requirements on development or construction upon properties
situated with the City's boundaries, then the benefit of such less restrictive requirements shall
inure to the benefit of the Owners and Developer, and anything to the contrary contained herein
6
notwithstanding, the Owners and Developer may proceed with development or construction upon
the Subject Realty pursuant to the less restrictive amendment or modification applicable generally
to all properties within the City.
SECTION &; FEES AND CHARGES __ _ --- Deleted: 7
Fees and charges may be assessed against the Subject Realty provided any such fee or
charge is or shall be collected by the City on a uniform basis from all commercial owners, users
and developers of property within the City. The city shall not increase the amount of any fee or
charge for building permit fees, occupancy permit fees, plan review fees, inspection fees, utility
fees, application fees or use fees for the Subject Realty within a five (5) year period from the date of
this Agreement, unless such increases are: (i) made generally applicable to all owners, users and
developers of property with the City; and (ii) such increases are reasonably related to increased
costs incurred by the City in providing the services for which such fee is assessed.
The City's Development Ordinances and resolutions establish the City policy with respect
to fees and contributions to be made by commercial developers of real estate. The fees payable
shall be those established by the City's Development Ordinances and resolutions on the date of
approval of this Agreement by the City, including but not limited to the following: ................ __ Deleted: .
A. EEineering Review Fee: Owner/Developer agrees to pay, at final plat
approval for each phase of the development, an Engineering Review Fee at the rate of 1.25% of the
approved engineer's estimate of cost of all land improvements, as defined in the Subdivision
Ordinance in effect at the time this Agreement is signed.
B. Administration/Inspection Fee: Owner/Developer agrees to pay, at final plat
approval, an Administration/Inspection Fee at the rate of 1.75% of the approved Engineering
estimate of construction costs of land improvements, including but not limited to, all public
improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to
be maintained by the Property Owners' Association.
C. Weather Warning Siren: Owner/Developer agrees to pay, if not previously
paid at annexation, a weather warning siren fee to the City of $75.00 per acre, or a total of
$1,800.00. Said contributions and fees, as they apply to the Subject Realty, shall not be increased
from the date of approval by the City of this Agreement.
D Coordination Feel Owner/Developer agrees to pay, at final plat approval, a
Coordination Fee at the rate of 35% of the approved Engineering estimate of construction costs of
land improvements including but not limited to all public improvements to be dedicated to the
City, mass earth grading, and quasi-public improvements to be maintained by the Property
Owners Association.
E Consultant Invoices for Engineering Wetland, Legal, Land Planner:
Owner/Developer agrees to pay any and all recording fees and costs public hearing costs, public
hearing costs including a written transcription of public hearing and outside consultant costs
including legal review, land planner review, zoning coordinator review, environmental and
7
engineering review. Should the Owner/Developer not pay these fees directly, the
Owner/Developer is responsible for reimbursing the City for the aforementioned fees and costs
related to the development of the Property.
F Commercial Bufldin& Fees The Owner/Developer agrees to the fee schedule
attached for Commercial Building Fees (Exhibit " ") subject to the terms of this Agreement.
SECTION 9 SANITARY SEWERSERVICE -- Deleteda
Developer shall cause the Subject Realty, to be annexed to the Yorkville-Bristol Sanitary
District ("Yorkville Bristol" or BSD) for the purpose of extending_and connecting to the sanitary _,: Deletes: Y�asD
sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to
service the Subject Realty and the connection of such sanitary sewer lines to the existing sewer
lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering
as approved by the City for each Phase of Development. The City shall fully cooperate with Owner
and Developer in obtaining such permits as may be required from time to time by both federal and
state law, including, without limitation, the Illinois Environmental Protection Act, permitting the
construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to
facilitate the development and use of each Phase of Development of the Subject Realty.
In the event the Yorkville Bristol Sanitary District or City requires Owner/Developer to
oversize sanitary sewer mains, the parties shall enter into a written agreement specifically
providing that said costs shall be the subject of a Recapture Agreement and Recapture Ordinance
in favor of Owner/Developer before Owner/Developer is required to perform any oversizing.
SECTIONIO--POTABLEWATERSERVICE----------------------------------- --------------------------------------- oeletea: 2
The City acknowledges that it owns, operates and maintains a potable water supply and
distribution system within its borders and water mains Tong a portion of the perimeter of the _.-- Deleted: within the right-of-way
Subject Realty, which system and mains have, sufficient capacity and pressure to accommodate the
anticipated potable water and fire protection needs of the Subject Realty to the extent the Subject
Realty is developed in accordance with the Concept Plan. The City shall cooperate with Developer
in obtaining all off-site easements necessary and shall grant Developer access to all City-owned
right-of-way to enable Developer's provision of potable water service to the Subject Realty.
Developer shall restore property affected by off-site extension of water lines to its existing
condition prior to said construction.
Ht the event the City requires Owner/Developer to oversize water mains, sanitary sewer;: Deleted: baseann the ere Flow mgwremeots
mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing of the development
that said costs shall be reimbursed by the City, or be the subject of a Recapture Agreement and
Recapture Ordinance in favor of Owner/Developer before Owner/Developer is required to
perform any oversizing.
SECTION 11, _STORM SEWER FACILTTIES -------- ------------------------------------------------------------- o
8
Any storm water detention facility constructed on-site shall comply with the requirements
of the City Codes and Ordinances.
SECTION 12 OWNERSHIP OF PUBLIC UTILITIES---------------------------------------------------- - Deletee: I
All public utilities, including but not limited to sanitary sewer land_water mains shall be Deleted: storm sewer
owned and maintained by the City after acceptance in accordance with the Subdivision Ordinance.
Any storm water detention facilities shall be owned by the Property Owner's Association and
maintained by said Association.
SECTION I ;_OFF-SITEIMPROVEMENTS(RECAPTURE/INSPECTIONS____---------------_-__-_- --- Deleted:
A. The City agrees to respond to all requests for required inspection or permits within
seven (7) days and to issue or reject (with explanation for corrections) approvals and/or permits
within h�j QQ days,_ ________--- Deleted: fourteen
Deleted: 14
B. Off-site improvements for the provision of water, sanitary sewer and other utility Deleted: .
and infrastructure services shall be provided by Owner/Developer according to the City
Subdivision Ordinance. After the installation of improvements by Owner/Developer, the United
City of Yorkville shall deliver to the subdivision site potable water characterized by such
minimum flows and pressures as required by the Illinois Environmental Protection Agency.
C. The City agrees to consider, but is not obligated to negotiate with
Owner/Developer the passage of a Recapture Ordinance for any off-site sanitary sewer or water
main improvement or on-site sanitary sewer or water main improvement benefiting future users
that are contiguous or within a reasonable service area of the Subject Realty. Any recapture shall be
done by Ordinance after the City has reviewed Engineer's drawings, pursuant to the Engineer's
Estimate of Cost and Actual Cost of the Improvements submitted by Owner/Developer, and
approved by a majority vote of the City Council.
D. Owner/Developer and City agree that if easements are necessary for off-site
improvements to serve Subject Realty with utility and municipal services. The United City of
Yorkville hereby agrees to use its best efforts, to assist the Owner/Developer in the acquisition of
easements or permission to use easements from private parties, Bristol Township, Kendall County
and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of
Owner/Developer.
SECTION 14, ACCEPTANCE OF PUBLIC HVIPROVEMENTS/SECURITY INSTRUMENTS _----- Deleted: a
A. Acceptance of Public hnprovements: The public improvements constructed as a
part of the development Aof each Phase of Development shall be accepted by the City pursuant to
the provisions of the Subdivision Ordinance, The City shall exercise good faith and due diligence
in accepting said public improvements following Developer's completion thereof for each Phase of
Development in compliance with the requirements of the Subdivision ordinance, and shall adopt
the resolution accepting said public improvements within sixty (60) days following the completion Deleted: submission of the "as built" plans
of the punchlist, provided the public improvements have been accepted by the City. Should the
City not approve the public improvements, it shall provide a detailed written description of why
the improvements we not being accepted to the Developer within 60 days of Owner'/Developer's
request for acceptance.
9
B. Posting Security: Developer shall deposit, or cause to be deposited, with the
City, ,such irrevocable letters of credit,contractor's_performance bonds or surety_bonds_("Security _..-- Deleted: at Developer's opHov,
instruments ') to guarantee completion and maintenance of the public improvements to be
constructed as a part of the development of each Phase of Development as are required by
applicable ordinances of the City. The amount and duration of each Security Instrument shall be as
required by applicable ordinances of the City at the time this Agreement is executed. All such
Security instruments if in the form of an irrevocable letter of credit shall be substantially in a form
agreeable to the C, its, The City,pursuant to recommendation by the City-Engineer,,May from time -- Deleted: Parses
to time approve a reduction or reductions in the Security instruments by an amount not in excess Deleted: snau
of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so
long as the balance remaining in the Security instruments is at least equal to one hundred ten
percent (110%) of the cost to complete the remaining public improvements for the applicable Phase
of Development. The Security Instruments for the public improvements for each Phase of
Development shall be deposited with the City prior to the recordation of the Final plat for each ---- Deleted: f
Phase of Development.
C. Release of Underground and Streets: Upon completion and inspection of
underground improvements, street and related road improvements in each Phase of Development
and acceptance by the Cityr Developer shall be entitled to a release or appropriate reduction of any__ Deleted: Englneer
applicable Security Instrument, subject to a maintenance Security Instrument remaining in place
for a one year period from the date of acceptance by the City, in conformance with the City
Subdivision Ordinance.
D. Transfer and Substitution: Upon the sale or transfer of any portion of the Subject
Realty, Developer shall be released from the obligations secured by its Security Instruments for
public improvements upon the submittal and acceptance by the City of a substitute Security
Instrument approved by the City, securing the costs of the improvements set forth therein by the
proposed substitute Developer.
SECTION 15• AMENDMENTS TO ORDINANCE _ _ --- Deleted: q
All ordinances, regulations, fees, and codes of the City including, without limitation those
pertaining to subdivision controls, zoning, storm water management and drainage, building
requirements, official plan, and related restrictions, as they presently exist, except as amended,
varied, or modified by the terms of this Agreement, shall apply to the Subject Realty and its
development for a period of five (5) years from the date of this Agreement. Any Agreements
repeal or additional regulations which are subsequently enacted by the City shall not be applied to
the development of the Subject Realty except upon the written consent of Developer during said
five (5) year period. After said five (5) year period, the Subject Realty and its development will be
subject to all ordinances, regulations, and codes of the City in existence on or adopted after the
expiration of said five (5) year period. Developer shall not be entitled to a freeze on amendments
to ordinances where it would affect the City's ISO rating.
The foregoing to the contrary notwithstanding, in the event the City is required to modify,
amend or enact any ordinance or regulation and to apply the same to the Subject Realty pursuant
to the express and specific mandate of any superior governmental authority, such ordinance or
regulation shall apply to the Subject Realty and be complied with by Developer, provided,
however, that any so-called "grandfather" provision contained in such superior governmental
10
mandate which would serve to exempt or delay implementation against the Subject Realty shall be
given full force and effect.
SECTION 1Cz _ BUILDINGMATERIAL ____ - Deleteda
Exterior building materials shall be in compliance with the City Appearance Code --- Deleted: y
regarding commercial buildings attached as Exhibit " "
SECTION 17• STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
The Owner/Developer agrees to submit a SWPPP addressing any existing erosion and
sedimentation problems on the site within 30 days of the execution of this Agreement an d
furthermore agrees to provide the City with an acceptable financial security to guarantee the
satisfactory performance and ongoing maintenance of said erosion control until the Subject Realty
is developed and the written release of said maintenance is provided to the Owner/Developer by
the City Engineer.
ARTICLE IV
GENERAL PROVISION
SECTION 1: CHANGES TO THE PLANNED UNIT DEVELOPMENT
The Subject Realty shall be developed in substantial compliance with the Final Plans and
this Agreement. Changes to the Planned Unit Development hereafter requested shall be evaluated
and processed as follows:
A. Definitions:
1. Ma
ior changes: Major changes shall include any changes to the Planned
Unit Development which require an amendment of the Ordinance
approving this Agreement, increase in the number of units, or any other
change for which a public hearing is required by law or by the United Gty
of Yorkville Municipal Code, except as specifically provided herein.
2, Minor changes: Minor changes shall include any change not defined herein
as a major change or a technical change.
3. Technical changes: Technical changes shall include any change to the
engineering plans and specifications, and any change to the building plans,
which is determined by the Building Commissioner, Fire Chief or City
Administrator as the case may be, to be: (i) in substantial compliance with
the Final Plat as approved by the City Council; (ii) in compliance with the
Yorkville Municipal Code, as amended, except as specifically varied herein;
and (iii) in compliance with usual and customary building or engineering
11
practice. For purposes of this Section, the location of buildings and signage
shall constitute a technical change only.
B. Procedures:
1. Major changes may be approved by the vote of a simple majority of the City
Council after public hearing and recommendation by the Plan Commission
pursuant to submittal and processing of a petition to amend the Planned
Unit Development and a petition for preliminary approval, as set forth in the
United City of Yorkville Municipal Code.
2. Minor changes may be approved by the City Council without Plan
Commission review or public hearing.
3. Technical changes may be approved by the City Engineer, Building
Commissioner, Fire Chief or City Administrator, as the case may be.
SECTION 2: ON-SITE EASEMENTS AND IMPROVEMENTS
The Owner/Developer agrees to provide a cross access easement to allow access to the
ad
iacent property to the south (Pottinger propertyl,
At the time of recordation of each final plat for the Subject Realty, the owner of such platted
area shall grant to the City, at no cost to the City, on-site easements which are determined by the
City Council to be necessary for the provision of Public Improvements for the Subject Realty,
including but not limited to easements for lift stations, sanitary sewer, water main, electric utility,
cable television, storm sewer, stormwater detention and retention, and drainage facilities of
sufficient capacity and elevation to provide free flowing and unobstructed outfall of stormwater
from areas tributary to the Subject Realty, all as depicted on the Final Engineering Plans or as
required by the Subdivision Ordinance. Except for such time to effectuate the reconnection of any
public utility system, there shall be no material disruption or discontinuation of the operation of
any public utility system, or storm or surface water drainage system by virtue of establishing new
easements and vacation any of existing easements, to the extent reasonably practicable.
The City shall be granted blanket easements, which shall be included in the Declaration of
Covenants, Restrictions and Easements for the subdivisions, for a phase of development, over the
private access roads and puking facilities contained therein for utility maintenance, and for police,
fire, and other emergency vehicles. When each final plat of subdivision is recorded for the Subject
Realty, Developer shall pay for the design engineering, construction engineering and installation of
all on-site,land improvements as defined herein and under the United City of Yorkville Municipal _ ,.- Deleted: Public
Code, and as reasonably determined by the City Council to be necessary for the development of Deleted: t
the Subject Realty in compliance with the Final Plat and Final Engineering Plans.
In the event that during the development of the Subject Realty Developer determines that
any existing utility easements and/or lines require relocation to facilitate development of the
Subject Realty in accordance with the Final Plat, the City shall fully cooperate with Developer in
causing the vacation and relocation of such existing easements, and all costs thereof shall be home
12
by the Developer. If any easement granted to the City as a part of the development of the Subject
Realty is subsequently determined to be in error or located in a manner inconsistent with the
intended development of the Subject Realty as reflected on the Final Plat and in this Agreement,
the City shall fully cooperate with Developer in vacating and relocating such easement and utility
facilities located therein, which costs shall be bone by the Developer. Notwithstanding the
foregoing, and as a condition precedent to any vacation of easement, Developer shall pay for the
cost of design and relocation of any such easement and the public utilities located therein.
Developer shall provide for the interconnection, through appropriate storm drainage
easements, swales and structures, of the storm sewer system constructed within the Subject Realty
with the outfall structures and surface channels adjacent to the Subject Realty.
SECTION 3: OFFSITE EASEMENTS AND CONSTRUCTION
The Owner/Developer agrees to include and construct dedicated turning lanes (both east
and west) as part of the improvement plan for the Property's entrance at Route 71. It is
understood by the parties that this intersection facility is within the Jurisdiction of the Illinois
Department of Transportation (IDOT) and any requirements as deemed necessary by IDOT for this
intersection shall be incorporated into the improvement plan In the event IDOT does not require
dedicated turning lanes the Owner/Developer agrees to request IDOT allow said lanes as
additional components of the intersection in excess of the minimum requirements.
The Owner/Developer agrees to provide an off-site access drive from the subject property to
Route 47 across the adjacent property to the east (Hughes property).
At the time each final plat of subdivision for the Subject Realty is recorded, Developer shall
obtain all off-site easements which are reasonably determined by the City Council to be necessary
for the development of such portion of the Subject Realty in accordance with the Final Plans. In the
event Developer is unable to acquire such necessary off-site easement, the City shall exercise its
power of eminent domain to acquire the same, provided Developer shall pay thePosts incurred by---- Deleted: reasonable
the City as a result thereof. Developer shall deposit the amount of such costs reasonably estimated
by the City into a segregated, interest bearing escrow account prior to the commencement of such
eminent domain proceedings by the City. Such finds shall be utilized solely to defray such costs
and all funds, including interest, remaining in such escrow upon completion of such proceedings
shall be refunded to Developer.
At the time each final plat of subdivision for the Subject Realty is recorded, Developer shall
pay for the design engineering, construction engineering and installation of all off-site Public
Improvements as required by the final engineering plans for each final plat of subdivision. All
such off-site Public Improvements shall be included in the Guarantee for Completion for the area
so platted. _ _ _ _-_ — Improvements am determined by the City°--------------------- "-"'-------""""""-"--"""""" Lnprovements are determined by the City ro
provide a benefit to other subject Realty, the
SECTION 4: BUILDING CODE City shall enter into a Reimbursement
Agreement with Developer with respect to such
improvements.
13
Except as otherwise provided in Exhibit XI k'Building Code Deviations`) to this Agreement, -,.--- Comment [TM9]: No exhibit has been
Developer shall comply in all respects with the applicable provisions of the United City of submitted.
Yorkville Municipal Code and other City ordinances pertaining to the construction of structures
for commercial purposes in effect at the time Developer, or its successor or assigns, makes
application to the City for a building permit or permits in connection therewith.
SECTION 5: BUILDING PERMITS
The City shall issue building permits for construction of improvements upon the Subject
Realty within fourteen (14) working days subsequent to receipt of application therefore. If the
application is denied, the City shall provide a written statement within said period specifying the
reasons for denial of the application including specifications of the requirements of law which the
application or supporting documents fail to meet. The City shall review and provide written
comments or approve the resubmittal plans within fourteen (14) calendar days of the resubmittal.
The City shall issue such building permits upon compliance with those requirements. Developer
may apply for and the City shall issue building permits for portions of the Subject Realty after
approval but prior to recordation of a Final Plat for any such portion of the Subject Realty, and
prior to the installation and availability of storm sewer, sanitary sewer and potable water service to
such portion of the Subject Realty.
SECTION 6: OCCUPANCY PERMITS
A. No occupancy permit shall be issued for any building on the Subject Realty until the
storm sewer, sanitary sewer, water system, telephone, gas, electric and streets through iti urinous — Deleted: stone base
binder course are operational. Notwithstanding the foregoing the Owner/Developer shall be
entitled to use temporary construction and sales trailers in accordance with Section 3 of Article IV
of this Agreement.
B. The City shall not deny a temporary certificate of occupancy for any space within a
commercial building for the sole reason that other areas in the building are either incomplete or
under construction, provided the space to be occupied otherwise meets all applicable occupancy
requirements of City ordinances.
C. The City shall issue certificates of occupancy for buildings constructed within the
Subject Realty within two (2) working days subsequent to application therefore, or issue a letter of
denial within said period informing the applicant specifically as to what corrections are necessary
as a condition to the issuance of a certificate.InARity, due to adverse weather conditions, to install
a final surface course on driveways, service walks, public sidewalks, stoops, landscaping
(including parkway trees) and final grading, shall not delay the issuance of a temporary certificate
of occupancy, which shall contain an escrow account and specific deadlines for completion of each
of the items not completed. The City shall not issue a final occupancy permit unless the Final Plat
of Subdivision for the Subject Realty is recorded.
SECTION 7: RESTORATION OF CITY PROPERTY
Developer shall repair and replace, in accordance with the original sizes, standards and
topography in a manner satisfactory to the City Engineer, all City property, including Public
14
Improvements, damaged or disturbed by reason of Developer's work in connection with the
development of the Subject Realty.
SECTION 8: MAINTENANCE OF PRIVATE FACILITIES
The provisions of the Property Owners' Association Declaration shall apply to the repair and
maintenance of all facilities and amenities which are not conveyed to the City as part of the
publicly owned portion of the Public Improvements and are not owned and maintained by a lot
owner within the Subject Realty.
SECTION 9: COMPLIANCE WITH STATE STATUTES
A. General: In the event that any one or more provisions of this do not comply
with any one or more provisions of the Illinois Compiled Statutes and the governing rules of the
Illinois Water Pollution Control Board or the Federal or State Environmental Protection Agencies,
then the City, Owner, and Developer, and all of their respective successors and assigns, agree to
cooperate to comply with said provisions which shall include, but not be limited to, the passage of
resolutions and ordinances to accomplish such compliance.
SECTION 10: PRELIMINARY GRADING
Upon execution of this Agreement by the city, Developer may obtain from the city, and the
city may issue, a site development permit in conformance with Municipal Code for the site
grading to be performed upon the Subject Realty. Such site grading shall be at Developer's sole
risk and expense, and in conformity with Engineering Plans to be approved by the City Engineer,
and any changes or adjustments to the requirements for such grading resulting from the review
and approval of the final engineering plan for such phase shall be promptly performed by
Developer, at Developer's expense.
SECTION 11; CONSTRUCTION TRAILERS
�he city agrees that form and after the effective date of this Agreement, Developer's
subcontractors supply storage trailers may be placed upon such part or parts of the Subject Realty
as required and approved by Developer for development purposes. Said trailers may remain
within any phase of development within the Subject Realty until all Public Improvements for such
phase of development have been completed and accepted by the City _- comment Irmo]: This section is basicany
covered by article Ili section 3- this provision
should be combined with that one to avoid
SECTION 12: STREET STANDARDS confusion/confliction.
(Design standards for Interior Minor Streets and access drives to be utilized as part of the
development of the Subject Realty we set forth on the Preliminary engineering Plans ("Street
Standards"). To the extent any ordinance or regulation of the City conflicts with any of the Street
Standards, such ordinance or regulation is hereby varied and the Street Standards shall prevail and
be the legal, applicable standards for development of the subject realty, except as otherwise
15
expressly provided in this Agreement. (Need to provide Street Plan exhibit or statement regarding
interior streetO --_ _ _____ ------------------------------------ Comment rrM111: Staff recommends
removing this section entirety. The subdivision
SECTION 13: DEDICATION OF STREET RIGHT-OF-WAY
control improveme requirements must be met for
street improvements.
The final plat for each phase of development in the Subject Realty shall establish the
dedication of the appropriate right-of-way for all public streets within such phase of development
in accordance with the Subdivision Ordinance, as amended or as otherwise provided in this
Agreement, and in substantial conformity with the Final Engineering Plans. Street names for each
public street shall be established and identified on each final plat of subdivision. A historical street
name approved by the City, shall be selected for the Subject Realty.
SECTION 14: CONVEYANCES
Nothing contained in this shall be construed to restrict or limit the right of the Owner
and/or Developer to sell or convey all or any portion of the Subject Realty, whether improved or
unimproved, and to transfer or assign any or all of their respective rights and duties under this
Agreement.
SECTION 15: TRANSFER OF RIGHTS AND DUTIES
Upon the conveyance of any Owner's interest in a phase of development or any portion of
the Subject Realty to a third party ("Transferee"), the rights and obligations so identified of such
Owner and Developer pertaining to such phase or portion of the Subject Realty, shall be deemed
assigned to and assumed by such third party, and Owner and (Developer shall thereupon be
released and discharged by the City from any farther obligation pertaining to such identified rights
and duties] The Transferee shall thereupon be entitled to exercise all rights and authorities and - Comment [TM12I: Provision should be added
----------------------------------- ----------------------------
shall perform all duties and obligations of Owner and Developer pertaining to such phase or allowing the City the ability to approve this
portion of the Subject Real The Transferee shall comply with the applicable requirements of this transfer- not automatically release and
p j Realty. p y PP 4 discharge.
Agreement pertaining to the posting of guarantees with the City affecting the portion of the
Subject Realty conveyed. Any such guarantee previously posted by the Transferor shall be released
by the City upon the delivery to the City by the Transferee of a substitute guarantee in the
appropriate amount, in proper form and issued by a financial institution approved by the City.
SECTION 16: DEMOLITION OF EXISTING STRUCTURES.
Deleted: twelve
Owner/Developer shall demolish the buildings on the Subject Realty within elve Deleted: lz
months of the effective date of the approval of }his Agreement subject to the issuance of a permit _ Deleted: the rezoning and am,e=ation
from the City. Deleted: of the Subject Realty
Deleted: Owner/Developer is proposing 3.7
SECTION I7: COMMERCIAL TAX INCENTIVES acres of commercial development on the Subject
Realty with a neighborhood retail shopping
v%mer Develo Brand the City aeree that in order to proceed with the develop Of the center on Route 71, approximately 16 miles west
Y /_._____p__ ____________ __ ___._______________.___p_______�___________P____ <• of a major intersection of Route 47 and Route
Subject Realty as commercial, tne Owner/Developer will be required to construct or pay for the 71.
-- --------- ------ - ' - - - ---- - --------
construction of certain on and off site improvements, including highway and roadway Deleted: represents
improvements, traffic signals, demolition, sanitary sewer line, water mains and other utilities. Deleted: it
Owner/Developer has requested and the City agrees to provide up to a maximum of million _
---- Deletedawo
16
si_yr hundred thousand_[$1,¢00,000.00)_ dollars in economic assistance towards the actual cost of Deleted: four
- - - - ---------------------------------------------
project improvements as outlined within the City's Economic Incenfives Policy adopted on Deleted: 2,a
December 13, 2005 in the form of an Economic Incentive Agreement (EIA). Said EIA shall allow
for not more than 50% of the City's portion of the sales tax revenue being rebated to the
Owner/Developer on an annual basis and shall include a term not to exceed twelve (12) years for
said rebate The Owner/Developer agrees to commit the occupancy of a minimum 40,000 square
feet retail anchor in order to be eligible for any rebates, and an occupancy of a minimum of 50,000
square feet of retail for the subject property within 3 years of the date of the EIA Furthermore the
Owner/Developer agrees to commit toproviding an off-site access drive from the subject property
to Route 47 across the adjacent property to the east. hi recognition of the benefit to the City
through creation of job opportunities, the enhancement of the tax base and the strengthening of the
commercial sector, the City agrees to enter into an economic incentive agreement with the
Owner/Developer to be funded by a percentage of the taxes that are generated from the
businesses to be located on the Subject Realty.
ARTICLE V
MISCELLANEOUS
SECTION 1: INCORPORATION OF EXHIBITS
All exhibits attached to this Agreement are hereby incorporated herein and made a part of
the substance hereof.
SECTION 2: 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.
SECTION 3: SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of and be binding upon the Owner, Developer
and their 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 subsequent grantees and successors in interest of the Owner,
Developer, and the City.
SECTION 4: ENTIRE AGREEMENT
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,
17
both by principals and through counsel, and represent terms and conditions that are deemed by
the parties to be fair, reasonable, acceptable and contractually binding upon each of them.
SECTION 5: NOTICES
Any notices required hereunder shall be in writing and shall be served upon any other party
in writing and shall be delivered personally or sent by registered or certified mall, return receipt
requested, postage prepaid, addressed as follows:
If to the City: United City of Yorkville
Mayor Valerie Burd
800 Game Farm Road
Yorkville, IL 60560
With a copy to: United City of Yorkville's Attorney
Kathleen Field Orr & Associates
180 N. Michigan Avenue
Suite 1040
Chicago, IL 60601
If to Owner/Developer: Thomas Rayburn
Raycorp, Inc.
16345 S. Harlem Ave.
Suite 4SW
Tinley park IL 60477
With a copy to: Robert C. Kenny
Schain, Burney, Ross & Citron, Ltd
222 N. LaSalle Street, Suite 1910
Chicago, IL 60601
or to such other addresses as any party may from time to time designate in a written notice to the
other parties.
SECTION 6: SEVERABILTTY
This Agreement is entered into pursuant to the provisions of Chapter 65, § 5/11-15.1-1, et
seq., Illinois Compiled Statutes (2002), 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, Owner and Developer shall take all
action necessary or required to fulfill the intent of this Agreement as to the use and development of
the Subject Realty.
SECTION 7: AGREEMENT
18
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 Subject Realty as to provisions applying exclusively thereto, without the
consent of the owner of other portions of the Subject Realty not affected by such Agreement.
SECTION 8: CONVEYANCES
Nothing contained in this Agreement shall be construed to restrict or limit the right of the
Owner or Developer to sell or convey all or any portion of the Subject Realty, whether improved or
unimproved.
SECTION 9: NECESSARY ORDINANCES AND RESOLUTIONS
The City shall pass all ordinances and resolutions necessary to permit the Owner,
Developer and their successors or assigns, to develop the Subject Realty in accordance with the
provisions of this Agreement, provided said ordinances or resolutions we 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.
SECTION 10: TERM OF AGREEMENT
The term of this Agreement shall be twenty (20) years. In the event construction is
commenced within said (20) 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/Developer.
SECTION 11: 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.
SECTION 12: RECORDING
This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County,
Illinois, at Developer's expense.
SECTION 13: 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.
SECTION 14: 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.
19
SECTION 15: NO MORATORIUM
The City shall not limit the number of building or other permits that may be applied for
due to any City imposed moratorium and shall in no event unreasonably withhold approval of
said permits or approval for the Final Plat of any Phase of Development.
SECTION 16: 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.
SECTION 17: EXCULPATION
It is agreed that the City is not liable or responsible for any restrictions on the City's
obligations under this Agreement that may be required or imposed by any other governmental
bodies or agencies having jurisdiction over the Subject Realty, the city, the Developer, or Owners,
including, but not limited to county, state or federal regulatory bodies.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this .
day of . 2008.
UNITED CITY OF YORKVILLE
Kendall County, Illinois
By:
Its: Mayor
ATTEST:
By:
Its: City Clerk
RCK/Raycorp-Yorkville/Annexation-Agreement-03-0508
20
`QED C/ry Reviewed By: Agenda Item Number
J� T Legal ❑ Old Business#2
EST 1836 Finance F1 1 Engineer ❑ Tracking Number
0 W City Administrator ❑
NY
Consultant ❑ EDC 2007-38
❑
<LE
Agenda Item Summary Memo
Title: Sign Ordinance Update
Meeting and Date: EDC 5/1/08
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Charles Wunder Community Development
Name Department
Agenda Item Notes:
See attached memo and draft regulations.
,QED CITY
Memorandum
J� C� To: Economic Development Committee
EST. 1836 From: Charles Wunder
~� CC:
p Date: 4/25/2008
Subject: Sign Ordinance Revision Draft
kE
The City of Yorkville's sign regulations are a Chapter in the Building Code and were last revised
several years ago. In the fall of 2006 the Zoning Board of Appeals expressed some concerns with
the current sign regulations,particularly with all of the new commercial development in the
Route 34 and Route 47 corridors. The staff prepared a draft of new sign regulations and
throughout 2007 the Zoning Board of Appeals directed the staff to make modifications of that
draft. On February 5,2008 the Zoning Board of Appeals met with representatives from some
sign companies, commercial developers and local business owners to answer questions about the
proposed changes and hear their comments and suggestions on changes that would improve the
draft. A summary of the meeting has been attached.
The attached Sign Ordinance Draft addresses many of the concerns that were addressed at this
meeting. The changes in the Sign Ordinance draft that have been made as the result of the
comments received at the previous workshop are highlighted with bold text and strikethroughs.
The first notable change is that the"Principles"and"General Purpose" sections have been added
as new sections of the sign regulations. The first section, "Principles", outlines the concepts and
ideas used in developing the revised sign regulations. The second section,"General Purposes"
establishes overall objectives of the sign regulations.
The third section of the sign regulations is also a new addition to the sign regulations. The
"Scope"section identifies the actions relating to signs that are governed by these regulations.
The first three sections are useful in helping future staff and decision makers interpret these
regulations.
The fourth section lists signs that are exempt from the sign regulations in the Zoning Ordinance.
It should be noted that this section does not exempt the signs from any other City sign
regulations or Building Code requirements. A sign permit is not needed to put up an exempted
sign. As you may notice, many of the signs listed in this section have size limits.
The next section of the sign regulations is titled"General Provisions". This section establishes
how sign area and sign height is measured. It also stipulates how signs may be illuminated and
governs where signs may be located. This section contains requirements that signs be properly
maintained. The last two provisions of this section determine when signs are considered
abandoned and under what circumstances a sign must be removed.
The sixth section of the proposed sign regulations defines and describes the various types of
signs referred to in the text of the regulations. The types of signs are grouped into two categories,
structural types of signs and functional types of signs. The structural types of signs category lists
the physical descriptions of the various signs. The functional types of signs category lists the
various purposes of the signs mentioned in the sign regulations. This differentiation is necessary
because the regulations control both the functions of the sign and the physical
location/appearance of the signs.
The next section of the sign regulations lists the signs that are prohibited in Yorkville. Most of
the signs on this list are prohibited under the current sign regulations. The signs that have been
added to the prohibited sign list tend to fall in a category that can be described as having to do
with public safety concerns. For example, one of the new provisions prohibits any sign that
blocks an ingress or egress from a fire escape, door or window.
The next three sections deal with the signs that are permitted in the City's zoning districts. Each
of these sections is divided into regulations dealing with permanent and temporary signs. The
eighth section governs the signage allowed in the agricultural, residential and flood zoning
districts. The ninth section covers signs in the Business Districts and the tenth section covers
signage in the Manufacturing Districts.
The eleventh section covers the subject of nonconforming signs. This section defines what a
nonconforming sign is and under what circumstances it has to be brought into conformance with
the city's sign regulations.
The twelfth section of the proposed sign regulations describes the sign permit procedures for
both permanent and temporary signs. These provisions establish that the City Council sets the
sign permit fees and lists the items of information that are needed to get a sign permit. The last
section specifies the manner in which variations from the sign regulations can be made.
T ® United City of Yorkville
a 4 a, " 800 Game Farm Road
EST. ` I ,ass Yorkville, Illinois 60560
Telephone: 630-553-8545
° `0 Fax: 630-553-3436
<AIL E
Meeting Summary
REVISING THE CITY' S SIGN REGULATIONS
February 5, 2008
7:00-9:00 PM Yorkville City Hall City Council Chambers
ATTENDEES:
Chris Funkhouser, ZBA member; Rick Winninger, Action Graphix; Greg Mullen, Saint
Joseph Cabinetry/Chamber of Commerce; Fred DuSell, resident; Cheryl Grate, Grate
Signs, Inc.; Glenn Johnson, Tri-Land Properties; Mayor Valerie Burd, Yorkville; Kathy
Farren, Kendall County Record; Mike Skinner, ZBA member; Jeff Baker, ZBA
Chairman; Harold Oliver, HRM; Alderman Joe Plocher, Yorkville; Frank Willman,
Willman and Groesh; Travis Miller, Yorkville staff.
Discussion began at 7:00 pm.
Travis Miller welcomed the attendees and gave a brief overview of the purpose and goals
for the meeting. Miller explained the City Council is currently considering revising the
sign regulations to improve the visual appearance of the City's signage. The purpose of
the meeting is to present the regulation changes that are being proposed and obtain input
from the group on these changes.
During the discussion, several concerns were raised by the group including general
concerns regarding sign regulation and specific concerns related to the proposed
ordinance. The following concerns were raised:
• Limitation of the free standing signage allowable on a corner lot to only one sign
is too restrictive and may not be appropriate for most sites.
• The effect that the ordinance/regulation will have on the readability of signage.
The size of the sign should be dependant on the distance the sign is from the
street.
• The proposed ordinance uses lot frontage on the street to determine sign location -
A question was raised about what signage would be allowed on lots without
frontage on streets.
• A question was raised about the status of existing signs that do not comply with
the new sign regulations. Would they need to comply with the new sign
regulations when they are repaired or replaced?
• The landscape ordinance requirements need to be consistent with the sign
ordinance requirements. There was some concern that the landscape requirements
would require trees and shrubs that would block the visibility of business signage
- particularly monument signage.
• The measurement of the building fagade on unusual buildings such as silos,
buildings with angled facades, etc. would create a problem in the proposed
ordinance.
• How the building fagade would be measured if there were one or two users in a
four unit building isn't clear in the proposed ordinance.
• Wall signage only being allowed on one side with a public entrance isn't
appropriate on all buildings, or in all situations. The side most visible should be
permitted to have a sign.
• It was pointed out that there have been no studies prepared by any entity that
support signs are a safety hazard to motorists. Smaller signs may actually be
more of a safety hazard than larger signs.
• The proposed ordinance requirement of 8 feet measured from the street level
means that most signs will only be 2 or 3 feet high and will be visually blocked by
vehicles or landscaping. This regulation may result in visual monotony.
• Why aren't electronically changing signs permitted?
• Be careful not to increase the review process to have more steps, or committee
approval requirements, that become a hardship/hindrance to commercial
development/redevelopment.
Recommendations from the discussion group:
• Pole signs should not be permitted in the new ordinance/regulations.
• More flexibility is needed for the height of free standing signage — don't simply
make a maximum height requirement, which will lead to all signs being the same.
• The aesthetics of the sign is the most important factor — focus on these issues in
the regulation not size and dimensions.
• Wall signage should be allowed on more than one side for buildings on corner lots
or where the rear of the building was visible from a street.
• Don't forget the economic reality of commercial locations in the 34 and 47
commercial corridors — signage is vital to the success of the retailibusiness
community.
• Do not rely on variances because it reduces consistency about what is allowed and
what is not allowed.
• Don't restrict signage type/size based on the business size. Small businesses need
the promotion provided by signage, particularly the small ( 1 ,000-2000 sq. ft).
businesses more so than the `big box' retailers.
• Changeable copy message boards are important to businesses. Technological
advances in electronically changeable signs have been made in recent years and
should be considered as permitted signage.
• Create a different set of sign regulations, or an `overlay district' for the downtown
area. Example, the Kendall Pub sign would not be permitted under the current
code, yet very attractive and appropriate in this district.
• The new ordinance needs to be used consistently for all development including
PUD, development and annexation agreements. The new ordinance/regulation
should clearly state this to avoid PUD's from `bypassing the system' .
• Incentives for replacing old signs should be considered and could include tax
abatements and permit fee reductions.
• Retrofitting existing pole signs with pylons/masonry faces over the poles of
existing signs should be encouraged in situations where total replacement isn't
possible or feasible. A program to encourage, or provide financial assistance to
these businesses should be considered.
• Setbacks for signs should be in new sign ordinance. Aurora currently has setback
requirements which could be modeled.
• Performance standards should be evaluated and developed so that here are a clear
set criteria for new signs to meet as well as a streamlined review process for
approval.
Next Steps:
Staff will report the concerns and recommendations to the Economic
Development Committee and continue to refine the draft sign ordinance with the
input. Once comfortable with a recommendation, the EDC will forward an
ordinance to City Council for consideration. This will likely occur April-May
2008 timeframe.
CHAPTER 11
SECTION:
8- 11 -1 Principles
8-11 -2 General Purpose
8-11 -3 Scope
8-11 -4 Definitions
8- 11 -5 Signs Exempt from this Chapter
8- 11 -6 General Provisions
8- 11 -7 Prohibited Signs
8-11 -8 Permitted Signs — Residential Zoning Districts
8-11 -9 Permitted Signs — Business Zoning Districts
8- 11 - 10 Permitted Signs — Manufacturing Zoning Districts
8- 11 -11 Nonconforming Signs
8- 11 -12 Permitting Procedures
8-11 - 1 PRINCIPLES
The provisions of this Article recognize that:
A. There is a significant relationship between the manner inlwhich signs are
displayed and public safety and the value, quality of life and economic
stability of adjoining property and overall community.
B. The reasonable display of signs is necessary as a public service and
necessary to the conduct of competitive commerce and industry.
C. Signs are a constant and very visible element of the public environment
and as such should meet the same high standards of quality set for other
forms of development in the community.
8-11 -2 GENERAL PURPOSE. The regulation of signs by this Article is intended
to promote and protect the public health, safety and welfare by:
A. enhancing the economic condition of the City by promoting reasonable,
orderly and effective use and display of signs.
B. enhancing the physical appearance of the City.
C. protecting the general public from damage and injury which might be caused
by the faulty and uncontrolled and inappropriate construction and use of
signs within the City.
D. protecting the public use of streets and rights of way by reducing
advertising distractions that may increase traffic accidents and congestion.
E. preserving the value of private property by assuring the compatibility in
design and scale of signs with adjacent properties and uses.
Accordingly, it is deemed necessary and in the public interest to regulate signs.
To this end, this Article:
1 . Establishes minimum standards for the display of signs in direct
relationship to the functional use of property and to the intensity of
development as permitted within the zoning districts which are
provided in this Ordinance.
2. Regulates the size, location, height, installation and other pertinent
features of new signs.
3 . Requires the removal of derelict signs and the amortization of
nonconforming signs.
4. Provides for the effective administration and enforcement of these
regulations.
8-11- 3 SCOPE. The regulations of this section shall govern and control the
erection, enlargement, expansion, alteration, operation, maintenance,
relocation and removal of all signs within the City and any sign not expressly
permitted by these regulations shall be prohibited.
The regulations of this section relate to the location of signs, by function and
type, within zoning districts and shall be in addition to provisions of the City
of Yorkville Building Code and the City of Yorkville Electrical Code.
8-11 -4 DEFINITIONS
A. Animated, flashing or moving sign Any sign that uses lights that flash or
alternate or which include action or motion or the appearance of action
or motion either physically or electronically.
B. Awning, Canopy or Marquee Sign. A sign that is mounted or painted on, or
attached to, an awning, canopy or marquee that is otherwise permitted by
this Article. The construction materials and the manner of construction of all
awnings, canopies and marquees shall be in accordance with the Yorkville
Building Code.
B. Banner. Any sign of lightweight fabric or similar material that is displayed
on a pole or building. National, state or municipal flags, official flags of any
institution or business shall not be considered banners.
2
C. Billboard. An off-premise advertising sign which directs attention to a
business, commodity, service or entertainment conducted, sold, or offered at
a location other than the lot on which the sign is located.
D. Business Sign. A sign which directs attention to a business or profession
conducted, or to a commodity or service sold, offered or manufactured, or to
an entertainment offered, on the premises where the sign is located or to
which it is affixed. A business sign shall be a wall, canopy, awning,
marquee, or window sign.
E. Cold air Inflatable Device. An inflatable device, without a frame, used as a
portable sign for promotions, sales or special events. A cold air balloon shall
be ground mounted.
F. Construction Sign. A sign erected on a lot on which construction is taking
place, indicating the names of the architects, engineers, landscape architects,
contractors, and similar artisans, and the owners, financial supporters,
sponsors and similar persons or firms having a role or interest with respect to
the structure or project. Said sign shall be erected only so long as
construction is occurring on the lot. A construction sign shall be a wall or
freestanding sign.
G. Freestanding Sign. Any sign supported by structures or supports that are
placed on or anchored in the ground and that are independent from any
building or other structure
H. Grand Opening Temporary Sign. A temporary sign used for the purpose o
f advertising a grand opening of a new business. A grand opening temporary
sign may be displayed only within 180 days of issuance of an occupancy
certificate. A grand opening temporary sign may be a wall, marquee, canopy,
awning, or freestanding sign. Promotions, anniversary sales, special sales, or
going-out-of-business sales do not apply.
I. Ground Mounted/Monument Sign. A sign that is supported on a base that is
equal in width and depth to the frame of the sign itself. A ground
mounted/monument sign must be constructed of materials to match the
principal structure.
J. Identification Sign. A sign giving the name and address of a residential
building, business, development, industry, or other building or establishment.
Such signs may be wholly or partly devoted to a readily recognized symbol.
An identification sign shall be a freestanding, wall, canopy, awning, or
marquee sign.
3
K. Menu Board Sign. A sign at a remote location on a lot giving product and
price information about products sold on the lot to motorists in a waiting
vehicle.
L. Message Board Sign. A sign designed so that characters, letters or
illustrations can be changed manually or electronically without altering the
face or surface of the sign. Electronic messages cannot scroll across the
sign face and must be displayed for at least 60 seconds at a time..
M. Pole Sign. A freestanding sign supported by column or columns whose total
width is less than 50 % of the sign face depth.
N. Portable Sign. A sign attached to or mounted upon a frame intended to be
moved from place to place.
O. Projecting Sign. A sign which in whole or in part is dependant upon the
building for support and project more than twelve (12) inches from such
building, except for awning, canopy and marquee signs.
P. Real Estate Sign. A sign indicating the sale, rental, lease, or development of
the lot, a portion of the lot, or a building on the lot on which the sign is
located. A real estate sign shall be a wall or freestanding sign.
Q, Roof Sign. A sign that is wholly dependant upon a building for support or
mounted on the roof, which project more than six (6) inches above the
highest point of a building or roof to which they are attached.
R. Snipe Signs. A temporary or permanent non-governmental signs in a public
right-of-way which is tacked, nailed, posted, pasted, glazed or otherwise
affixed to a pole, stake, fence, traffic sign, traffic control device, utility pole,
tree or the ground.
S. Temporary Signs. Any sign, banner, pennant, streamer, or advertising
display constructed of cloth, canvas, light fabric, cardboard, wallboard, or
other lightweight material without a frame. A temporary sign shall be a wall,
awning, marquee or canopy sign.
T. Vehicle Sign. Any vehicle primarily situated to serve as a sign rather than
as transportation. An automobile, van, or truck displaying the name and/or
other information regarding the related establishment used for normal
business operation or for employee transportation is not a vehicle sign.
U. Wall Sign. A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and which does not project
more than twelve (12) inches from such building or structure.
4
V. Window Sign. A sign which is applied or attached to or located within three
(3) feet of the interior of a window, which sign may be seen through the
window from the exterior of the structure.
8-11 -5 SIGNS EXEMPTED FROM THIS CHAPTER. Nothing in this shall be
construed as exempting the following signs from the Building Code or those
portions of the Municipal Code applicable to signs. The following signs are
otherwise exempt from regulations by the Zoning Ordinance:
A. Flags, symbols or crests of nations, states, cities or political, fraternal,
religious or civic organizations. One logo flag of a business shall be
permitted on a lot provided that it is flown with the American flag and shall
not be larger than the American flag..
B. Decorations customarily and commonly associated with a national, local or
religious holiday, celebration or anniversary provided that such decorations
shall not be displayed for more than sixty (60) consecutive days.
C. Signs four (4) square feet or less in area and five (5) feet in height or less on
private property regulating on-premise traffic and parking.
D. Bulletin boards, message boards, and similar devices no greater than thirty-
two (32) square feet in area, five (5) feet high and not in the vision triangle,
used solely to give information about and accessory to a public, charitable,
educational or religious institution located on the lot.
E. Legal notices, identification, informational, directional, traffic or other sign
erected or required by governmental authority under any law, statute or
ordinance.
F. Memorial signs or tablets eight (8) square feet or less in area, containing the
names of a building and the date of construction, when cut into any masonry
surface so as to be part of the building or when constructed of bronze or
some other non-combustible material and permanently attached to a
building.
G. Non-illuminated window signs painted on or covering no more than 50% of
the window area, excluding glass doors.
H. Real estate signs four (4) square feet or less in area, provided that no more
than one (1) such sign shall be permitted in each yard abutting a street. Real
estate signs shall be freestanding signs and set back a minimum of five (5)
feet from any lot line and shall be five (5) feet or less in height and shall not
be illuminated.
5
I Menu boards accessory to a restaurant drive-up window facility, provided
such sign s are thirty-six (36) square feet or less in area.
J. Signs used to identify the type of model home when used in conjunction
with a developing residential subdivision. Each type of model home is
allowed one (1) sign not to exceed eight (8) square feet in area and five (5)
feet in height. Such sign shall be located on the lot where the model home is
located and shall be removed upon occupancy of the home for normal
residential use.
K. "No Trespassing," `Beware of Dog" and other similar warning signs four (4)
square feet or less in area..
L. Name and address plates which give only the name and address of the
resident(s) o f the building less than three (3) square feet on single and two
family dwellings and five (5) square feet for multi-family dwellings.
M. Garage sale, farm produce sale signs provided there is only one sign per lot and it is
present only during the duration of the sale and is less than four (4) square feet in
area..
N. Building interior signage
O. Political signs. Signs sixteen (16) square feet or less in area and announcing
candidates for political office or political issues, provided that such signs
shall not be displayed more than sixty (60) days before any election and shall
be removed within five (5) days after said election.
P. Construction signs under eight (8) square feet.
Q. Window signs covering no more than 60% of the window area
excluding glass doors.
R. Permanent, non-flashing signs on vending machines, gas pumps, ice and
propane storage units.
8-11-5 GENERAL PROVISIONS.
A. Sign Area. The area of the sign face which is also the sign area of a wall sign
or other sign with only one face shall be computed by means of the smallest
square, rectangle, circle, triangle or combination thereof that will encompass
the extreme limits of the writing representation, emblem or other display,
together with any material or color forming an integral part of the
background of the display or used to differentiate the sign from the backdrop
or structure against which it is placed. It does not include any supporting
6
framework, bracing or decorative fence or wall when such fence or wall
otherwise meets zoning ordinance regulations and is clearly incidental to the
display itself. A double faced sign shall count as a single sign.
B. Sign Height. The height of a sign shall be computed as the distance from the
grade of the centerline of the adjacent street to the top of the highest attached
component of the sign.
C. Yard Requirements. Except as otherwise provided, signs shall be located at
least five (5) feet from any driveway and lot line. Furthermore, no sign shall
be erected or located in a public right-of-way except as established by the
authorized public entity responsible for the right-of-way. No sign having a
height more than thirty (30) inches shall be located within that part of the
yard or open area of a comer lot included within a triangular area of twenty-
five (25) feet from the point of intersection of two (2) street right-of-way
lines forming such a corner lot
D. Illumination of Signs. The illumination of all signs shall be diffused or
indirect and shall be so arranged that there will be no direct or reflecting
rays into the public way or any lot on the perimeter of the premises on which
the sign is located. Exposed light bulbs, neon tubing, flashing, blinking,
traveling and similar illumination, including illuminated canopies are not
permitted.
Illuminated signs permitted in or adjacent to Residential areas shall not be
illuminated between the hours of 11 :00 p.m. and 5 :00 a.m, unless the use
to which the sign pertains is open.
E. Sign Maintenance The owner of a sign and the owner of the premises on
which the sign is located shall be jointly and severally liable to maintain such
sign or signs subject to the following standards
1 . Signs shall be maintained in a neat and orderly condition and good
working order, including illumination sources, at all times.
2. Signs shall be properly painted unless galvanized or otherwise
treated to prevent rust or deterioration.
3. Signs shall conform to maintenance provisions of the Building and
Electrical Codes as adopted by the City of Yorkville.
F. Abandoned Signs Except as otherwise provided in this Ordinance, any
temporary sign installed for a period of thirty (30) days or more, or any sign
which pertains to a time, event, or purpose which no longer applies , shall be
removed. Permanent signs applicable to a business because of change in
ownership or management of such business shall be deemed abandoned if
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the property remains vacant for a period of six (6) months or more. An
abandoned sign is prohibited and shall be removed by the owner of the sign
or owner of the premises within thirty (30) days.
G. Removal of Signs Any sign found to be improperly maintained, abandoned
or otherwise in violation of this ordinance which is not removed or repaired
within thirty (30) days of written notice of the Code Official may be
removed by the Code Official. Any expense incidental to such removal or
repair shall be charged to the owner of the property upon which the sign is
located and shall constitute a lien upon the property.
8-11 -7 PROHIBITED SIGNS. The following signs shall not be permitted:
A. Moving, animated and flashing signs, except electronic message boards.
B. Roof signs.
E. Vehicle signs
F. Signs which constitute a hazard to public health or safety.
G. Signs which obstruct ingress or egress from any fire escape, door, window,
or other exit or entrance.
H. Signs which, by reason of size, location, content, color, or manner of
illumination, obstruct the vision of motorists or interfere with the visibility or
effectiveness of any traffic sign or control device on public streets.
I. Signs which make use of words such as "Stop," "Look," "One-way,"
"Danger," "Yield" or any similar word, phrase, symbol or light so as to
interfere with or confuse pedestrian or vehicular traffic.
J. Billboards
K. Portable signs
L. Searchlights, except searchlights for grand openings and special civic events.
M. Snipe signs
N. Signs displaying obscene or indecent matter.
O. Moving, rotating or animated signs except traditional barber poles not
exceeding two (2) feet in height and projecting not more than twelve (12)
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inches from the building utilized only to identify a hair cutting
establishment
8-11-8 PERMITTED SIGNS — AGRICULTURAL, FLOOD ZONE & RESIDENTIAL
ZONING DISTRICTS
A. PERMANENT SIGNS
1 . Free standing identification or business sign. All non-residential uses
in the agricultural, flood zone and residential zoning districts may
have one free standing business or identification. Non-residential
uses in the agricultural, flood zone and residential zoning
districts on a comer lot with entrances on both streets may have
one free standing sign on each street frontage. Said sign shall be
thirty-two (32) square feet or less in area, five (5) feet or less in
height and setback at least ten (10) feet from the street or
entrance drive.
Freestanding signs must be constructed with the base and
supporting colums if present constructed of the same brick, stone
or masonry material that the exterior walls of the principal
building is made of. The sign panel containing the type and the
type must match the color and type used on any wall mounted
signage.
2. Building mounted identification or business sign. All non-residential
uses in the agricultural, flood zone or residential zoning districts shall
be permitted to have identification or business signage for each
exterior wall of that part of the building facing a public right-of-
way.
entrance Building mounted signage can not extend more than 75%
of the building facade of the building to which it is attached,
3 . Subdivision and residential complex identification signs. Two
permanent subdivision or residential complex identification signs,
one on each side of the street, at primary entrances to a residential
subdivision or complex containing no commercial advertising is
permitted. Such signs shall be thirty-two (32) square feet or less in
area and eight (8) feet or less in height and constructed out of
premium building materials such as brick or stone. For the purposes
of this provision this sign may be installed in two components, one
on each side of the street.
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B. TEMPORARY SIGNS
1 . Real estate signs. On non single family residential lots one real estate
sign per street frontage no greater than thirty-two (32) square feet in
area or five (5) feet in height..
2. Residential Marketing signs at major entrances to residential
subdivisions not to exceed one hundred (100) square feet and twelve
(12) feet in height.
3. Residential off-site marketing signs to call attention to and give
directions to residential developments in Yorkville shall be allowed
at no more than four (4) off-site locations, and shall be no greater
than one hundred (100) square feet in area and twelve (12) feet in
height, Signs for a given development may be located in any zoning
district provided that there is at least one quarter (1/4) mile separation
from the other off-site marketing signs of that development and that
no off-site marketing sign be closer to a residence than one hundred
(100) feet. Off-site marketing signs for different developments must
be at least 250 feet from any other off-site marketing sign.
4. Grand Opening Sign. One (1) grand opening sign not to exceed
thirty-two square feet in area and eight (8) feet in height.
5. Construction sign. One construction sign per non-single family lot
not to exceed thirty-two (32) square feet in area and five (5) feet in
height.
8-11 -9 PERMITTED SIGNS — BUSINESS ZONING DISTRICTS
A. PERMANENT SIGNS
1 . Free Standing Business Sign
On lots less than three acres with one (1) street frontage one (1)
free standing business sign thirty-two square feet or less feet in area
and eight (8) feet or less in height shall be allowed. If the lot has
more than one street frontage, one (1) free standing business sign
thirty-two square feet or less in area and eight (8) feet or less in
height per street frontage with an entrance/exit shall be allowed.
On lots three acres or larger with one (1) street frontage , one (1)
free standing business sign sixty square feet or less in area and eight
10
feet or less in height shall be allowed. If the lot has more than one
street frontage, one (1) free standing business sign sixty-four
square feet or less in area and eight (8) feet or less in height per
street frontage with an entrance/exit shall be allowed.
On lots three acres or larger that have a street frontage(s) in
excess of 800 feet with two entrances/exits at least 600 feet apart
may have two free-standing business signs sixty-four square feet
or less in area and eight (8) feet or less in height on each street
frontage.
Freestanding signs must be constructed with the base and
supporting colums if present constructed of the same brick, stone
or masonry material that the exterior walls of the principal
building is made of. The sign panel containing the type and the
type must match the color and type used on any wall mounted
signage.
2. Building mounted Business/Identification Signs
a. Single—use building. A business having a public entrance in
an exterior building wall or having an exterior wall facing
a public right-of-way of ° building on a let shall be
permitted to have building mounted identification signage or
building mounted business signage for each exterior wall of
that part of the building in which it is located, provided said
wall contains a public entrance or faces a public right-of-
way. The maximum area of such sign shall not exceed two
(2) square feet for each one (1) lineal foot of the facade of the
building with a public entrance. No wall sign shall extend
more than 75% of the width of the building facade to which it
is attached.
b. Multi-tenant buildings. Each tenant having a public entrance
in an exterior building wall or having an exterior wall
facing a public right-of-way of a building o ° ' ' shall be
permitted to have building mounted business or building
mounted identification signage for each exterior wall of that
part of the building in which it is located, provided said wall
contains a public entrance.
The maximum area of such sign(s) shall not exceed two (2)
square feet in area for each one (1) lineal foot of the facade of
that portion of the building of which the tenant or owner-
occupant is in possession and to which the sign is attached.
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No wall sign shall extend more than 75% of the width of that
part of the building fagade in which it is located.
B. TEMPORARY
1 . Searchlights. Searchlights for a grand opening only for a period of
time not to exceed seventy-two (72) hours.
2. Cold air inflatable devices. One cold air inflatable device for a grand
opening only for a period of time not to exceed seventy-two (72)
hours.
3 . Grand opening sign. One (1) grand opening sign not to exceed thirty-
two square feet in area and eight (8) feet in height.
3. Commercial Real Estate signs. On commercial lots one real estate
sign per street frontage no greater than thirty-two (32) square feet in
area and five (5) feet in height.
4. Construction signs. One construction sign per lot not to exceed
thirty-two (32) square feet in area and five (5) feet in height.
8-11- 10 PERMITTED SIGNS — MANUFACTURING ZONING DISTRICTS
A. PERMANENT
1 . Free standing business Sign
On lots less than three acres or on lots that face a residentially zoned
or used lot with one (1) street frontage, one free standing business
sign shall be allowed. Said sign shall be thirty-two (32) square feet or
less in area and eight (8) feet or less in height. If the lot has more
than one street frontage, one (1) free standing business sign
thirty-two square feet or less in area and eight (8) feet or less in
height per street frontage with an entrance/exit shall be allowed.
On lots three acres or larger with one (1) street frontage, one (1 )
free standing business sign shall be allowed Said sign shall be a
maximum of sixty (60) square feet or less in area and eight (8) feet or
less in height shall be allowed. If the lot has more than one street
frontage, one (1) free standing business sign sixty-four square
feet or less in area and eight (8) feet or less in height per street
frontage with an entrance/exit shall be allowed.
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On lots three acres or larger that have a street frontage(s) in
excess of 800 feet with two entrances/exits at least 600 feet apart
may have two free-standing business signs sixty-four square feet
or less in area and eight (8) feet or less in height on each street
frontage.
Freestanding signs must be constructed with the base and
supporting column if present constructed of the same brick, stone
or masonry material that the exterior walls of the principal
building is made of. The sign panel containing the type and the
type must match the color and type used on any wall mounted
signage.
2. Building mounted Business/Identification Signs
a. Single-use building. A business having a public entrance in
an exterior building wall or having an exterior wall facing
a public right-of-way ° building en a e shall be permitted
to have building mounted identification signage or building
mounted business signage for each exterior wall of that part
of the building in which it is located, provided said wall
contains a public entrance or faces a public right-of-way.
The maximum area of such sign shall be two (2) square feet
or less in area for each one (1) lineal foot of the facade of
the building with a public entrance.
b. Multi-tenant buildings. Each tenant having a public entrance
in an exterior building wall or having an exterior wall
facing a public right-of-way a building on a !at shall be
permitted to have building mounted identification signage or
building mounted business signage for each exterior wall of
that part of the building in which it is located, provided said
wall contains a public entrance.
The maximum area of such sign(s) shall be two (2) square
feet or less in area for each one 0) lineal foot of the facade of
that portion of the building of which the tenant or owner-
occupant is in possession and to which the sign is attached.
All business and identification signs shall be wail, awning,
canopy or marquee signs.
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B. TEMPORARY
1 . Real estate signs. On industrial lots one real estate sign per street
frontage no greater than thirty-two square feet in area or five (5) feet
in height.
2. Construction signs. One construction sign per industrial lot not to
exceed thirty-two (32) square feet in area and ten (10) feet in height.
3. Banners/Special Business Event sign. One Special Business Event
sign per industrial lot not to exceed thirty-two (32) square feet in area
and ten (10) feet in height.
8-11- I1 NONCONFORMING SIGNS
A. Any sign for which a permit has been lawfully granted prior to the effective
date of this or any subsequent amendment to the sign ordinance and which
does not comply with the provisions of such amendment may nonetheless be
completed in accordance with the approved plans, provided construction of
the sign is started within ninety (90) days after the passage of the ordinance
amendment and is completed within sixty (60) days after beginning
construction.
B. Whenever a nonconforming sign has been discontinued for a period of six
(6) months, or whenever there is evidence a clear intent on the part of the
owner to abandon a nonconforming sign, such sign shall not, after being
discontinued or abandoned, be re-established and the sign hereafter shall be
in conformity with the regulations of this ordinance.
C. Normal maintenance of a nonconforming sign is permitted including
necessary nonstructural repairs or incidental alterations which do not extend
or intensify the nonconforming features of the sign.
D. No structural alteration, enlargement or extension shall be made in a
nonconforming sign except when the alteration will actually result in
eliminating the nonconformance.
E. If a nonconforming sign is damaged or destroyed by any means to the
extent of fifty (50) percent or more of the replacement value at the time,
the sign can be rebuilt or used thereafter only for a conforming use and in
compliance with the provisions of this ordinance. In the event the damage
or destruction is less than fifty (50) percent of its replacement value based
upon prevailing costs, the sign may then be restored to its original
condition and the use may be continued which existed at the time such
partial destruction until the nonconforming sign is otherwise abated by the
14
provisions of this ordinance. In either event, a permit for restoration or
repair must be applied for within a period of thirty (30) days from the date
of damage or destruction, and be completed within sixty (60) days after
beginning restoration or repair.
F. Existing temporary signs shall expire at the termination date specified on the
permit, but in no case later than six (6) months from the passage of this
ordinance. New temporary signs shall be allowed only in conformance with
the provisions contained in this ordinance. Such signage must be removed by
the close of business of the day the temporary sign permit expires.
8-11- 12 PERMITTING PROCEEDURES
Permits for Permanent and Temporary Signs
A. No sign shall be erected, enlarged, expanded, altered or relocated
unless the person proposing to erect, alter or move such sign shall
obtain a permit from the Code Official. Such permit shall be issued
only when the sign complies with all of the applicable provisions of
this ordinance. The fee for granting such a permit shall be established
by the City Council. The schedule of fees shall be posted in the City
offices and may be amended only by the City Council. Routine sign
maintenance, changing of parts designed for change or changing the
content of a sign in any manner which does not change the functional
classification of the sign shall not, standing alone, be considered an
alteration of the sign requiring the issuance of a permit, unless such
change of parts or content relates to or is occasioned by a change in
the ownership or nature of the activity to which the sign relates or
which is conducted on the premises on which the sign is located.
B. Any person desiring a permit for a permanent or temporry sign shall
file a permit application which shall contain or have attached the
following information:
1 . A copy of plans and specifications showing the method of
construction, illumination, if any, and support of such sign.
Calculations showing the sign is designed for dead load and
wind pressure in any direction in the amount required by
other applicable laws and ordinances of the City may be
required.
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2. A plat of survey showing the location of the sign(s) on the lot
and a drawing indicating the location of the sign(s) on any
building or structure on the lot.
3 . A sketch, drawn to scale, showing sign faces, exposed
surface areas and the proposed message and design, ac-
curately represented as to size, area, proportion and color.
4. The written consent of the owner(s) or agent of the building,
structure, or land on which the sign is erected.
5. The name, address and phone number of the applicant.
6. The name of the person, firm, corporation or association
erecting, altering or moving the sign.
C. Temporary Sign Permit Frequency and Duration
Type of Sian Maximum Duration Maximum frequency
Banners 14 days three times per year
Special sale/business event 14 days three times per year
Commercial real estate 6 months renewable
Industrial real estate 6 months renewable
Residential marketing 6 months renewable
Grand opening 30 days once per business
Cold Air Inflatable Device 72 hours once per business
Searchlights 72 hours once per business
Construction during active building permit issuance
SECTION 8-11 -13 SIGN VARIATIONS
In addition to the procedures and standards listed in Section 10-14-5 of the Zoning
Ordinance regarding variations from the requirements, the Zoning Board of Appeals shall
also consider the following factors in hearing testimony and making decisions regarding
sign variance requests:
1 . If the sign was erected legally with a sign permit.
2. If there are any unique physical characteristics of the property
3 . If there are limited available locations for signage on the property
4. The cost to the applicant of complying with the sign ordinance requirements
16
5. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit.
6. If the sign is on a street with 20,000 or higher vehicle trips per day.
7. If the sign would be blocked by existing or required landscaping.
8. If it is a wall sign facing a public right-of-way without a public entrance.
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