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Economic Development Packet 2008 06-05-08
o United City of Yorkville 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <LE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, June 5, 2008 7:00 PM City Hall Conference Room Presentation: None Minutes for Correction/Approval: April 3, 2008 and May 1, 2008 Items from Plan Commission Recommended for City Council Approval: 1. PC 2008-03 Zoning Ordinance Text Amendment— Chapter 14, Sections 10-14-5, 6, 7, 8, and 9 2. PC 2008-07 Richard Marker Associates, Inc. — Southeast Quadrant IL 47 / Ament Road 1 '/z Mile Review 3. PC 2008-08 DTD Investments, LLC (Fountainview) — Annexation Agreement Amendment Request 4. PC 2008-09 Stagecoach Crossing —Preliminary and Final Plat of Subdivision Request 5. PC 2008-10 Titanium Investment Properties (Children of America Daycare) — Special Use Request New Business: 1. EDC 2008-18 Newark School District— Title 8, Chapter 9 City Code Amendment Request (Transition Fee Ordinance) 2. EDC 2008-19 Monthly Building Permit Report for April 2008 3. EDC 2008-20 Monthly Plan Commission Report for May 2008 4. PC 2008-14 O'Keefe Annexation Agreement Amendment (Raging Waves Signage) 5. EDC 2008-21 Pulte (Autumn Creek Subdivision) — Water Main and Sanitary Sewer Recapture Agreements Economic Development Committee June 5, 2008 Page 2 New Business (con't) : 6. EDC 2008-22 Yorkville Crossing Unit 1 (Wal-Mart) — Time Extension for Recording Request 7. EDC 2008-23 IDOT Letter of Understanding — Countryside Center Drive 8 . EDC 2008-24 Triland (Countryside Center) — Redevelopment Agreement Amendment Request Old Business: 1 . EDC 2008- 12 Economic Incentive Policy — Update / Discussion 2. EDC 2007-38 Sign Ordinance — Update / Presentation Additional Business: UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Thursday, June 5, 2008 7 :00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------...................................-------- 1 . April 35 2008 ❑ Approved as Presented ❑ Approved with Corrections 2. May 1 , 2008 ❑ Approved as Presented ❑ Approved with Corrections - ---------- ------------ ------------------------------------ ------------------------------------------------------------------- ITEMS RECOMMENDED FROM PLAN COMMISSION FOR CITY COUNCIL APPROVAL: ------------------ ------------------------------------------------------------------------------------------------------------------- 1 . PC 2008-03 Zoning Ordinance Text Amendment — Chapter 14, Sections 10-14-5, 6, 7, 8, and 9 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ----------------- ---------------------------------------------- ------- ............................... ----------- 2. PC 2008-07 Richard Marker Associates, Inc. — Southeast Quadrant IL 47 / Ament Road 1 '/2 Mile Review ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------.....-............. 3. PC 2008-08 DTD Investments, LLC (Fountainview) — Annexation Agreement Amendment Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PC 2008-09 Stagecoach Crossing — Preliminary and Final Plat of Subdivision Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes -----------------------------------------------------------------------------------------------------...........----------------------- 5. PC 2008- 10 Titanium Investment Properties (Children of America Daycare) — Special Use Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: ----------------------........................--------.......-------------------------------------------------------------------------- 1 . EDC 2008- 18 Newark School District — Title 8, Chapter 9 City Code Amendment (Transition Fee Ordinance) ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------......----------------------------------------------............................................. 2. EDC 2008-19 Monthly Building Permit Report for April 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes - ---------- ------------------- -------------------------------------- --------- - - ------------------ 3 . EDC 2007-20 Monthly Plan Commission Report for May 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PC 2008- 14 O'Keefe Annexation Agreement Amendment (Raging Waves Signage) ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2008-21 Pulte (Autumn Creek Subdivision) — Water Main and Sanitary Sewer Recapture Agreements ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes -----------------------......................------------------------------------------------------------------------------------ ------ 6. EDC 2008-22 Yorkville Crossing Unit I (Wal-Mart) — Time Extension for Recording Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. EDC 2008-23 IDOT Letter of Understanding - Countryside Center Drive ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ------------ ------------------------------------------------------------------- 8. EDC2008-24 Triland (Countryside Center) — Redevelopment Agreement Amendment Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: ---------------------..........---------------------------------------------------------------------............----------------------- 1 . EDC 2008- 12 Economic Incentive Policy — Update / Discussion ❑ 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 / Presentation ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- United City of Yorkville DRAFT 800 Game Farm Road Yorkville, Illinois 60560 ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, April 3, 2008 7 :00 PM City Hall Conference ROOM In Attendance: Committee Members: Alderman Gary Golinski Alderman Marty Munns Alderman Joe Besco Other City Officials: Community Development Director Travis Miller City Manager Brendan McLaughlin Other Guests: Tom Rayburn Tony Graff Michal Krause Peter Raphael Tim Winter Lynn Dubajic Meeting Called To Order: Called to order at 7: 10 by Gary Golinski Presentation• None Minutes for Correction/Approval: March 6, 2008 Minutes were approved with no amendments made. New Business- . 1 , EDC 2008-13 Monthly Building Permit Report for February 2008 Travis Miller noted that there were two in the packet, one for February and for March and that they were down. He noted that they updated the projections and there would be monthly changes and the information would be available on line. They were expecting 1 three hundred ninety-three residential permits for 2008 based on what they had seen in the first quarter. 2. EDC 2008-14 Monthly Plan Commission Report for March 2008 Travis Miller noted the report was in the packet and it was informational. The packet included zoning ordinance and a staff report. 3. PC 2008-04 Yorkville Town Center - Raycorp PUD Amendment and Rezoning Request Travis Miller said that the packet included a staff report as well as a red line agreement. He said the petitioner was here to discuss the outstanding issues and he is here with some information on the outstanding issues. Miller noted that the economical text is still a critical part of the agreement. He noted that the colored version in the packet was highlighted by stars which represented changes. Mr. Tony Graff presented the concept plan and noted that they are planning on building two connections between 47 and 71 . Mr. Graff said he spoke with Stephanie and she suggested using some of the water features to enhance the property and the unique characteristics. Mr. Graff said they were looking at an economic incentive of about a 130 thousand square feet and did some sales projects on the sales tax revenue the City would receive. They put in the agreement of an economic incentive agreement of 2.4 million. There will be about 12 million dollars in cost for the build out on the project. He said they were working with staff on improvements. Mr. Graff said that there was some discussion with IDot regarding the drainage way. He said he spoke with Don Hayes with the Army Core of Engineers to modify a permit. He said there was .333 of a wet land of jurisdiction was on the permit. They're also looking at getting in permanent signage in two places on 47 and 71 . Also looking at a larger permanent masonry monument on the main entrance on 31 said Mr. Miller. Miller noted that there was a city code for lighting and they were going to incorporate that in the signage as well. There was some concern over light pollution and Jason Pettit was worried about the light disturbing the wildlife. He said that he wanted to limit signage. Mr. Tom Rayburn request this would go the May 13 City Council Meeting. Alderman Golinski asked the committee and it was unanimously agreed it would go to the City Council Meeting on May 13`h 4. EDC 2008-15 MPI - Second Bond Issuance for Grande Reserve 'Central Portion ' and Refinancing 2004 Bonds 2 Travis Miller noted that Attorney Orr had review both bond issues and refinancing requests and she agreed we move forward on the both. Guest Speaker, Peter Raphael stated that they did the first bond issues for the southern portion, Mr. Raphael refers to map. He noted that it was approved as all one deal and that they went back and they are now asking for the northern portion. He stated that they asked for a bond issue that benefited offsite improvements. They are looking to refinance that bond issue which is very similar to the original structure and they are refinancing for the purpose of helping financial aspects of the deal and it should be fairly straight forward. Alderman Gary Golinski said he didn't see a problem with it. Mr. Miller stated that they would move this to City Council to be determined. Alderman Gary Golinski when it comes back to put it on consent agenda. 5. PC 2008-02 Special Use Zoning Ordinance Amendment for Financial Institutions and Drive through Facilities Travis Miller said that a recommendation was made and that went to plan commission and then it went to a public hearing. The public hearing was last month and a plan commission recommended approval on text changes. It would require financial institutions such as banks and free standing banks to adhere to the special use zoning ordinance. The second part of this Mr. Miller noted that it also required drive thru facilities such as banks and restaurants to adhere to the same zoning ordinance. Mr. Miller said this was ready to go to the next City Council Meeting and consent agreement for the 8`h Old Business• 1 . EDC 2008-12 Economic Incentive Policy - Discussion Mr. Travis Miller stated that there has been a request to polish off this policy and in turn attract more businesses to Yorkville. Alderman Besco said that we were lacking in Industrial manufacturing. He wants to see more incentives go to manufacturing. Guest speaker, Lynn Dubajic stated that one of things they talked about was removing the names of the industrial parks because where ever there would be industrial parkways is where this would be in place. Ms. Dubajic stated that there were not many changes made in the policy. Alderman Joe Besco noted also that road improvements would help the community as well. He however doesn't recommend using the tax payer' s money to do so because the businesses will eventually come and we should take Lynn' s expertise advise. 3 Ms. Dubajic stated that they are defining the guidelines for the developers and bringing in retailers that would be regional in planning. Retailers that are regional would be stores that aren't found in every city such as Costco or Sam' s Club. Alderman Gary Golinski said it would come back for next months meeting. 2 . EDC 2007-38 Sign Ordinance - Update Travis Miller stated there was no new information on the ordinance and it would come back on May l " 3. EDC 2007-50 Integrated Transportation Plan - Request for Proposals Mr. Miller said that the City asked for funding for four hundred thousand dollars in a grant that they received from IDot back in 2004. They found out from IDot that the money was still there. Mr. Miller said that they would be hiring a consultant to perform services. Mr. Miller said listed in the packet was the list of services. He noted that this is in two components. The purpose of the grant is inter-motal transportation. It is an integrated transportation plan and there is a focus on multi use trails and multi use trail systems. He said it was broken down into two parts. All the City Trails and the Down Town City trials. Mr. Miller said that the final product will be a set of standards for the amenities that would be in the downtown area and trail systems to a higher level of development. He said that we would take this to the developers to give them guidelines. It would help take us through the public development process with commercial development and even with the trail systems. Mr. Miller said that they should be finalizing this by next spring. Additional Business: None Adjournment: Meeting was adjourned at 8:25 pm Minutes Respectfully Submitted by: Jamie Cheatham 4 Page 1 of 4 RAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Thursday, May 1, 2008, 7pm Conference Room In Attendance: Committee Members Vice-Chairman Gary Golinski Alderman Joe Besco Alderman Marty Munns Other City Officials: Community Development Director Travis Miller City Planner Charlie Wunder Other Guests: Dan Kramer, Attorney Bob Pschirrer, K-Five Tony Graff, Graff Mgmt. Annette Hattner Tom Rayburn, Raycorp Bob Kenny, Raycorp Attorney Lynn Dubajic, YEDC Tony Pekino, Jake Land Group Emo Furfori, Schoppe Design The meeting was called to order by Vice-Chairman Gary Golinski at 7:OOpm. Presentation: None Minutes for Correction/Approval: None New Business: L EDC 2008-16 Monthly Building Permit Report for March 2008 Travis Miller reported 6 single family permits were issued in March with April showing 22 permits. Miscellaneous permits increased greatly with 104 being issued. No further action. 2. PC 2007-39 Hattner Trust — Annexation and Zoning Request The petitioner has agreed to all the staff comments according to Travis Miller and he noted that three separate land plan options were submitted. Specific provisions were included for Aux Sable Creek and bridge crossings, a trail plan and underground wiring along Rt. 47. Mr. Golinski asked if the minimum 12,000 square foot provision should be included as part of the R2 zoning, due to possible future requests for smaller lots. It was decided it could be included in the PUD. This request moves forward to City Council on May 27. Page 2 of 4 3. PC 2007-42 Jake Land Group (The Shoppes South of the Fox/Windmill Farms) – Annexation, Zoning and Concept PUD Request A portion of this property is already annexed and zoned B3 according to Miller. Two concept plans were submitted and PUD zoning was approved by the Plan Commission with a preference for Option #1 . A previous full access spacing concern at Rt. 71 and 126 was solved by the petitioner with plans for dual turn lanes. It was noted that IDOT prefers 1000 feet from a major intersection to the full access point—the current spacing is 740 feet. Attorney Kramer said there is interest from some end users as well as from an aging facility. Other possible uses were discussed briefly. It was noted that economic incentives might be granted if the improvements were above and beyond the usual. This will move to the May 27`h City Council meeting. 4. EDC 2008-17 Lincoln Prairie – Zoning Ordinance Alderman Golinski said that a previous Council had agreed to change the zoning to M2, but no ordinance had been passed. A special use ordinance did get approved according to Travis Miller. The actual agreement was made in 2005 and one of the lots is now moving forward with development. It was noted the EPA regulations are in place regarding the asphalt plant to be developed. There was also a brief discussion regarding the trucks that will carry asphalt components. This will move forward to City Council consent agenda. Old Business: 1. PC 2008-04 Yorkville Town Center (Raycorp) – PUD Amendment & Rezoning Request Travis Miller stated that the petitioner has agreed to some of the staff comments and he had prepared a revised report. The zoning classification has been changed to PUD and some economic incentives remain. Bob Kenny, Raycorp Attorney, stated they would not begin the development until they have end users, so he requested that they not be bound by any time constraints the City might have. They need the ability to phase this project, since it will be market-driven. Miller stated there is no time restriction for the concept PUD, however, there would be between the preliminary and the final plat. Kenney said this could be an issue with the current market and asked for some concessions and to be a participant in the phasing. Alderman Besco asked how time extensions might affect economic incentives. The long- term goal according to Kenney, is to build the concept plan even if incentives are no longer available. Page 3 of 4 Tom Rayburn of Raycorp said the first two phases of the development would be the Rt. 71 access and the stormwater detention. One of the main reasons this item was brought before committee was to discuss the economic incentives and also the logistic issues so the agreement complies with the PUD ordinance. Mr. Rayburn stated he has a Stormwater Pollution Prevention Plan on file and he is in compliance. He requested this issue be stricken from the Annexation Agreement because he stated he is not causing any drainage issues. Signage, bond amounts, fees and the occupancy permit were also discussed. This moves forward to the May 13`h City Council meeting. 2. EDC 2007-38 Sign Ordinance Update Charlie Wunder discussed the changes that have been made including 2 significant ones: 1 . Wall signs can be installed on walls facing public right-of-way 2. Allowing additional signage on comer lots Clarifications will be made to the verbage "adjacent to right-of-way". Wunder said that flashing signs and electronic message boards have been prohibited in the past, however, the business community has expressed interest. Those types are now included in the ordinance update, but the message must be displayed for a certain time. Travis Miller noted a request from the new Rush-Copley facility for an LED "Open/Closed" sign. Limiting the luminosity was also discussed. Alderman Besco suggested the committee should gather input from sign companies before moving forward with this ordinance. Cheryl Grate, a sign company employee, will be invited to attend the next EDC meeting for further discussion. 3. EDC 2008-06 Millbrook Boundary Agreement — Discussion The Millbrook Village President recently sent an email inquiring about the status of this agreement, so this item was placed back on the agenda. Alderman Besco commented that he had previously asked to kill this item in committee partially because Millbrook is not close to Yorkville boundaries. A future City boundary of Rt. 52 was suggested, however, Yorkville must be sensitive to Platteville's future plans since they hope to maintain a rural nature. Travis presented a draft of a meeting agenda for a meeting with Platteville and Joe Besco stated he would like to take the lead on any such meeting. A possible May 291h meeting was suggested and Travis will coordinate. Additional Business: Joe Besco suggested a change of meeting nights from Thursday to the first Tuesday of the month beginning in July. Page 4 of 4 There was no further business and the meeting was adjourned at 8:52pm. Minutes by Marlys Young, Minute Taker `QED c/Ty Reviewed By: Agenda Item Number s Legal 1-1 EST NN 1836 Finance ❑ 1 Engineer ❑ -04 q City Administrator F1 Tracking Number w �O Consultant ❑ PC 2008-03 Agenda Item Summary Memo Title: Zoning Ordinance Text Amendment Chapter 14 Sections l0-14-5, 6, 7, 8, and 9 Meeting and Date: EDC/June 5, 2008 Synopsis: Zoning Ordinance Text Amendment recommendation to make the Ordinance and the current application procedures consistent to each other. Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval proposed amendments Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report CITp o Memorandum r � To: EDC esr 1836 From: Travis Miller and Charles Wunder, AICP g ® ; N CC: Lisa Pickering, Deputy Clerk (for distribution) - p Date: 5/27/2008 X1®1 y. Subject: Zoning Ordinance Chapter Fourteen Amendment - Application procedures/requirements Plan Commission Action: The Plan Commission reviewed the amendment recommendation May 14, 2008 and made the following action: - Motion to recommend approval of the text amendment as presented with the following modifications: • Describe the method of determining affected properties by clearly stating how the measurement from the subject property is taken using the boundary of the subject property as the starting point; and • Use 500 feet as the dimension to measure when determining affected properties. 6 ayes; 0 no Staff Comments: The proposed amendments to Chapter 14 of the Zoning Ordinance could be characterized as "housekeeping" amendments. Chapter 14 "Zoning Administration and Enforcement' outlines the procedures the Zoning Ordinance is enforced, amended, varied, Special Uses granted and Annexation Agreements enacted . The proposed changes clarify what needs to be done, when it needs to be done and who is responsible for doing them. The proposed text amendment are in: Section 10-14-5 Variations, Section 10- 14-6 Special Uses, Section 10-14-7 Amendments, Section 10-14-8 Annexation Agreements, and Section 10-14-9 Fees (updating to current rates) The recommendations by the Plan Commission (above) have been addressed with the May 27, 2008 proposed draft. 10-14-1: ENFORCEMENT: A. Zoning Officer: The City Building Inspector, hereinafter referred to as the "Officer", is designated as the Zoning Officer of the City, to be responsible for enforcing this Title. Said Officer shall have the power and shall see that the provisions of this Title are properly enforced. B. City Officers, Employees and Citizens: It shall also be the duty of all officers, citizens and employees of the City, particularly of all members of the Police and Fire Departments, to assist the Building Inspector by reporting to him any new construction, reconstruction, improved land uses or upon any seeming violation. (Ord. 1973-56A, 3-28-74) 10-14-2: PLAN COMMISSION: The City Plan Commission, which has been duly created by the Mayor 128 , shall have the authority, responsibility and duties as set forth herein and as follows: A. To hear and report findings and recommendations to the Mayor and City Council on all applications for amendments and special use permits in the manner prescribed by standards and other regulations set forth herein. B. To initiate, direct and review, from time to time, studies of the provisions of this Title, and to make reports of its recommendations to the Mayor and City Council not less frequently than once each year. C. To hear and decide all matters upon which it is required to pass under this Title. (Ord. 1973- 56A, 3-28-74) 10-14-3: BUILDING PERMITS: A. Building Permit: 1 . Permit Required: No building or structure shall be erected, reconstructed, enlarged or moved until a building permit shall have been applied for in writing and issued by the Officer. Said permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. 2. Compliance With Provisions: Before a permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Title. 3. Site Plan: Every application for a building permit submitted to the Officer shall be accompanied by a site plan, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this Title. B. Sign Permit: No sign shall be erected, reconstructed, enlarged or moved until a sign permit shall have been applied for in writing and issued by the Officer 12" . (Ord. 1973-56A, 3-28- 74) 10-144: CERTIFICATE OF OCCUPANCY: A. Certificate Required: 1 . A certificate of occupancy to be issued by the Officer shall be required for any of the following, except buildings incidental to agricultural operations other than residences: a. Occupancy and use of a building hereafter erected or enlarged. b. Change in use of an existing building. c. Occupancy and use of vacant land except for the raising of crops. d. Change in the use of land to a use of a different classification except for the raising of crops. e. Any change in the use of nonconforming use. 2. No such occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued. B. Application for Certificate; Action on: 1 . Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the zoning permit for such building. Said certificate shall be acted upon within three (3) days after a written request for the same has been made to the Officer after the erection or enlargement of such building or part thereof has been completed in conformance with the provisions of this Title. 2. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the Officer. If the proposed use is in conformity with the provisions of this Title, the certificate of occupancy therefor shall be issued within three (3) days after the application for the same has been made. C. Temporary Certificate of Occupancy: Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the Officer for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the City relating to the use or occupancy of the land or building, or any other matter covered by this Title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. D. Contents of Certificates: Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this Title. E. Records Kept: A record of all certificates of occupancy shall be kept on file in the office of the Officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected. (Ord. 1973-56A, 3-28-74) 10-14-5: VARIATIONS: A. Authority: The Zoning Board of Appeals, after a public hearing, may determine and vary the regulations of this Title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board of Appeals makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Title. B. Application for Variation; Hearing: An application for a variation shall be filed in writing with the Zoning Officer. The application shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. Variations other than those authorized by this Section on which the Zoning Board of Appeals may act shall be submitted to the Zoning Beard-o€Appeals Zoning Officer and acted on in the following manner: 1 . Notice of Hearing: The Zoning Board of Appeals City Clerk shall publish notice of a public hearing on such application for variation, stating the time and place and the purpose of the hearing. Notice shall be published at least fifteen (15) days but not more than thirty (30) days in a paper of general circulation in the City. to the pe itioner and the eveaffs of all property deemed by the Zoning Board oFA-ppeals to be The applicant shall provide a copy of this notice to all property owners whose lot or portion of a lot lies within 500 feet of the subject property of the variance request measured from the subject property's boundary. The applicant shall send the notice by certified mail properly addressed as shown on the Tax Assessors rolls and with sufficient postage affixed thereto and return receipt requested. Copies of the return receipt must be submitted to the Zoning Officer at least 24 hours before the Public Hearing. 2. Decisions by Zoning Board of Appeals; Council Action: The Zoning Board of Appeals shall, within thirty (30) days after the public hearing or hearings, make its recommendations to the City Council in writing. The City Council shall then act upon such petition for variation within a reasonable time. C. Standards for Variations: 1 . The Zoning Board of Appeals shall not vary the regulations of this Title, nor recommend to the City Council variation of this Title, unless it shall make findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois Municipal Cade 130 are complied with and the following: a. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. b. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. c. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. d. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. e. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. 2. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this Title. D. Authorized Variations: 1 . Variations from the regulations of this Title shall be granted by the Zoning Board of Appeals only in accordance with the standards established in subsection C of this Section and may be granted only in the following instances and in no others: a. To permit any yard or setback less than the yard or setback required by the applicable regulations, but by not more than twenty five percent (25%). b. To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width. The percentage set forth in this paragraph is not to be reduced by any other percentage for minimum lot width and area set forth in this Title. c. To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses, provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week. d. To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or twenty percent (20%) of the applicable regulations, whichever number is greater. e. To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served. f. To increase by not more than twenty percent (20%) the gross area of any sign. g. To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations. I To exceed any of the authorized variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located. i. The concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary to grant a variation. 2. Variations other than those listed may be granted by the City Council, but only after a public hearing as set forth herein for an authorized variation. The concurring vote of two- thirds (2(3) of the elected members of the City Council shall be necessary to reverse the recommendations of the Zoning Board of Appeals. (Ord. 1973-56A, 3-28-74) 10-14-6: SPECIAL USES: A. Purpose: The development and execution of a zoning ordinance is based upon the division of the City into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be property classified in any particular district or districts without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories: 1 . Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. B. Initiation of Special Uses: Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this Title in the zoning district in which the land is situated. C. Application for Special Use: An application for a special use or expansion of a special use shall be filed with the City Clerk and shall be accompanied by such plans or data as prescribed by the Plan Commission from time to time. D. Hearing on Application: Upon receipt of the application referred to above, the Plan Commission shall hold at least one public hearing. At least fifteen (15) days in advance of such hearing, but not more than thirty (30) days, the City Clerk shall publish the notice of the time, place and purpose of such hearing shall be published in a newspaper of general circulation in the City. The applicant shall give notice of the public hearing to all property owners whose lot or portion of lot lies within 500 feet of the subject property measured from the subject property's boundary. The applicant shall send the said notice by certified mail properly addressed as shown on the County Tax Assessors rolls and with sufficient postage affixed thereto and return receipt requested. Copies of the return receipt must be submitted to the Zoning Officer at least 24 hours before the Public Hearing. E. Authorization: For each application for a special use, the Plan Commission shall report to the City Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The City Council may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20%) of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such special use shall not be granted except by the favorable vote of two-thirds (2/3) of all members of the City Council. F. Standards: No special use shall be recommended by the Plan Commission unless said Commission shall find that: 1 . The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74) 10-14-7: AMENDMENTS: A. Initiation: Amendments may be proposed by the Mayor and City Council, the Plan Commission, the Zoning Board of Appeals or any property owner. B. Processing: 1 . Filing of Application; Contents: An application for an amendment shall be filed with the City Clerk. The application shall be accompanied by such plans or data and such other information as specified by the Plan Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded by the City Council to the Plan Commission with the request to hold a public hearing. 2. Notices: The Plan Gommissien Zoning Officer shall give notices of the public hearings to the applicant. detemifted by the Plan Gowd"ission. The applicant shall send written notices to all property owners of lots or portion of lots within 500 feet of the subject property measured from the subject property's boundary with said notices giving All notices sliall the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the County Tax Assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. 3. Publication: The Zoning Officer shall cause a notice of time, place and purpose of such hearing to be published in a newspaper of general circulation within the City of Yorkville no more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. 4. Hearing: Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least one public hearing on the proposed amendment. However, the Plan Commission may continue from time to time the hearing without further notice being published. (Ord. 1973-56A, 3-28-74) 5. Findings of Fact and Recommendation of the Plan Commission: Within forty five (45) days after the close of the hearing on a proposed amendment, the Plan Commission shall make written findings of fact and shall submit same, together with its recommendations to the Mayor and City Council. Where the purpose and effect of the proposed amendment are to change the zoning classification of particular property, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: 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) C. Decisions: 1 , Plan Commission: a. The Plan Commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested. A concurring vote of a majority of those members present at the meeting with a minimum of three (3) concurring votes shall be required to recommend granting or denying an application for an amendment. b. Report to the City Council shall contain number present and number of votes for against the motion. 2. Mayor and City Council: a. The Mayor and City Council, upon receiving the recommendation of the Plan Commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the Plan Commission for further consideration. b. If an application for a proposed amendment is not acted upon finally by the City Council within six (6) months of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been denied. (Ord. 1973-56A, 3-28- 74) 10-14-8: ANNEXATION AGREEMENTS: A. Petition for Annexation Agreement: All annexation agreements shall be initiated by the filing of a petition with the City Clerk. Such petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included within the annexation agreement. B. Request for Zoning Amendments or Variations: 1 . All petitions for annexation agreement requesting a zoning classification other than the zoning classification assigned to lands annexed to the City or for variations shall be processed in the same manner as a petition for a request for zoning amendments or variations, as provided herein, for lands within the jurisdictional limits of the City. All such requests for zoning amendments or variations shall be accompanied by the fees as provided in Section 10-14-9 of this Chapter, and the said fees shall be paid at the time of filing the petition for annexation agreement. 2. The Plan Commission shall hold a public hearing on the zoning amendment aspects of Annexation Agreements. Notice of the Public Hearing shall include the time, place and purpose of the Public Hearing and be published in a newspaper of general circulation within the City of Yorkville no more than thirty (30) days nor less than fifteen (15) days in advance of the hearing. The applicant shall send written notices to all property owners of lots or portion of lots the within 500 feet of the subject property measured from the subject property's boundary with said notices on the Tax Assessor's rolls and with sufficient postage affixed thereto, with return giving the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown receipt requested. In the event that a zoning variation is being requested as part of the Annexation Agreement the Zoning Board of Appeals shall hold a public hearing on the zoning variation request in the Annexation Agreement. Notice of the Public Hearing shall include the time, place and purpose of the Public Hearing and be published in a newspaper of general circulation within the City of Yorkville no more than thirty (30) days nor less than fifteen (15) days in advance of the hearing. The applicant shall send written notices to all property owners of lots or portions of lots within 500 feet of the subject property measured from the subject property's boundary with said notices on the Tax Assessor's rolls and with sufficient postage affixed thereto, with return giving the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown receipt requested. 3. The Plan Commission and Zoning Board of Appeals, after consideration and hearing of the request for zoning amendment or variations incidental to the part of petitions for annexation agreement, shall make specific findings of fact and recommendations with respect to zoning amendments or variations upon the property included within the annexation agreement, as in all cases within the jurisdictional limits of the City. C. Other Annexation Agreement Requests: In all cases of petitions for annexation agreement which do not include requests for zoning classifications, other than those assigned to property annexed to the City, or a request for variations, the City Council may refer the petition to such committees or bodies as it deems appropriate, or as required by law, for study and recommendations. Upon receiving the recommendations of such committees or bodies, or, if no such referral is made, the City Council and Mayor of the City shall set the time and place of public hearing and the City Clerk shall cause notice of the said hearing to be published in the manner specified in subsection D hereof. D. Public Notice and Hearing: At the conclusions of the hearings before the City Plan Commission and Zoning Board of Appeals, and upon those bodies reporting their specific findings and recommendations, the Mayor and City Council shall set the time and place for hearing on the petition for annexation agreement. Thereafter, the City Clerk shall cause public notice, as provided in the statutes, to be published one time in a newspaper of general circulation in the City of Yorkville, giving notice of the time and place of the public hearing for the annexation agreement before the Mayor and City Council, said notice to be published not less than fifteen (15) nor more than thirty (30) days prior to public hearing before the said Mayor and Council. (Ord. 1973-56A, 3-28-74) The applicant shall send written notices to all property owners of lots or portion of lots within 500 feet of the subject property measured from the subject property's boundary with said notices on the Tax Assessor's rolls and with sufficient postage affixed thereto, with return giving the time, place and purpose of such bearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown receipt requested. 10-14-9: FEES in : A. Fee Schedule: A certified check shall accompany an application form for an amendment, appeal, special use, temporary use, variation or zoning certificate. The fee shall be based on the following schedule: ANNEXATIONS $250.00 plus $10.00/acre for each acre over 5 acres AMENDMENTS To the text of the Title $85.80 $ 300.00 $200 To the Zoning Map Base fee 83:00 For each aere, p to and ineluding 20 aeres 1800 30000 For 1. in excess of 20 .. 5700 $200 plus $ 10.00{acre over 5 acres APPEALS FROM DECISIONS OF THE ZONING ADMINISTRATOR $85.00 SPECIAL USES Base fee $300:00 19:89 $2550000 Fef each aefe in emeess of 20 =_:_.. 3:99 Ad! Other Speeial 1 se Base fee $23090 $30090 For eaeh aefe 300 $250.00 plus $I0/acre over 5 acres PLANNED UNIT DEVELOPMENTS $500.00 TEMPORARY USES $25.00 VARIATIONS $85.00 ZONING CERTIFICATES Single-Family Residences $5.00 All Others 25.00 B. Minimum Fees! The minimum fees afe established to eo-.-.— '. -. e.-T-M.-Ws- `.-t may be ineuffed other 1"irAni�um fees afe payable at the time of filing efapplieation for any request eavefed above. G, R m Fees! The «.....:mam fees a _established to reimburse the City for charges ineu......d over and above the minimum fees due to the eomple)* of the prejeet to be r-eviewed a i doe to stedies that tnay be needed fin ,."d:•:....rn�a_c«mv_ocwn.«L.,.....�... .a d.�d 1 - «i.,. - -42. T1. mirAmtun fees already paid at the time of submission. The petitioner sliall not be iftyeiee more than anee a maftffi. The total stun of the &es eharged to the petitioner shEdl not ekee t. amaunt .,bated as ..., fee. D. Consultants' Fees and Payment to City Personnel: 1 . Payment to all consultants retained by the City in any capacity connected with the application shall be based on mutually agreed upon contracts formally authorized by the City Council. The computation of the City's staff time shall be based on salaries of the City personnel involved plus fifty percent (50%) to cover overhead and administration. 2. At no time shall there be any transfer of funds from any developer to any consultant or City staff personnel. All payment to consultants shall be executed only under the conditions specified in the paragraph above, and the developers shall be invoiced directly and solely by the City. (Ord. 1973-56A, 3-28-74) 10-14-10: PENALTIES: Any person who violates, disobeys, omits, neglects, refuses to comply with or who resists enforcement of any of the provisions of this Title shall be fined as provided in Section 1 -4- 1 of this Code. (Ord. 1973-56A, 3-28-74; 1994 Code) Reviewed By: Agenda Item Number 0 Legal ❑ PC lie Finance ❑ EST �___-- 1836 Engineer ■ - Tracking Number City Administrator ❑ EConsultant ❑ PC 2008-07 Agenda Item Summary Memo Title: Richard Marker Associates, Inc. southeast quadrant IL 47/Ament Road 1%Mile Review Meeting and Date: EDC/June 5, 2008 Synopsis: Request for a Ph Mile Review and Recommendation for Kendall County Board on Rezoning property from Kendall County A-1 to B-3. Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Favorable recommendation to the Kendall County Board for rezoning the property from Kendall County A-1 to B-3 Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report S�Q C/r� �® Memorandum 1 � To: EDC EST. � ! _ 1836 From: Travis Miller �!!� -� CC: Lisa Pickering, Deputy Clerk (for distribution) p Date: May 28, 2008 Subject: PC2008-07 Richard Marker & Associates (Mile and '% Review) Application to Kendall County: The petitioner is seeking County B-3 zoning classification in their application. County B-3 (Highway Business District) Zoning is: "Intended for major retail, service and repair establishments serving a large trade area, usually the entire County or beyond and oriented to the traveling public. The trade area population served by these establishments requires easy access, although patronage is more dispersed and visits to these establishments less frequent than in the B-1 District and B-2 District. It is the intent of the B-3 District regulations that establishments desiring location along major traffic routes are grouped with appropriate and adequate access ways provided. t " Yorkville Comprehensive Plan Recommendation for the Property: The 2002 Comprehensive Plan Southern Study Area recommends Neighborhood Retail for the property. The intent of Neighborhood Retail is: "To provide opportunities for smaller scale, service oriented retail establishments intended to serve only the residents within the immediate area. Small-scale retail trade is further defined as land used for the purposes of serving the retail needs of neighborhoods in close proximity... The Neighborhood Retail nodes should also strictly comply with the Design Guidelines sections of this Comprehensive Land Use Plan Update to ensure attractive, coordinated retail centers are planned. " Proiect History/Background: A 2006 pre-annexation agreement for this property (originally part of Heartland Crossing, a larger mixed-use development) expired in September of 2007. As part of this pre-annexation agreement the City Council approved City B-3 Zoning for this property which is consistent with the County B-3 Zoning Classification. The pre-annexation agreement also contemplated public water and sanitary service for the property, as it is not currently serviced by either. Potentially, the allowable uses in the County B-3 Zoning District may not be possible on this size site, 4.93 acres, without these services. The 2006 pre-annexation agreement also required a 40' '/2 right-of- way dedication along Ament with a 50' building setback line measured from this new right-of- way. ' Kendall County, Illinois: Zoning Ordinance, hno7//"wW co kendall it us/zoniny/or-diiaance/Section%209%20(6-21- 2007)%200RD.pdf 1 Plan Commission Recommendations: The Plan Commission reviewed the request May 14, 2008 and made the following recommendations: Motion to recommend Kendall County consider the following based on the close proximity of this property to the City limits and being located within a ` Gateway Corridor' as defined by the City's Comprehensive Plan: • Apply City B-3 zoning standards to the property which define drive through businesses, financial institutions, taverns, liquor stores, gasoline service stations and boat rental/storage as special uses; • Require the City Appearance Code requirements be followed for any building/structural improvements made on the property; • Require the owner/developer to establish a landscape buffer, a minimum of 25 feet in width, along Illinois State Route 47 outside of the proposed Right-of- Way expansion line of the Illinois Department of Transportation. • Require the owner/developer to incorporate and apply all ` Site Planning Principles' as defined by the CITY's "Comprehensive Land Use Plan Update Southern Study Area" Design Guidelines to any site improvements; • Require the owner/developer to relocate the existing overhead utility lines along the Illinois State Route 47 frontage of the property prior to issuance of any building permit for the property; • Require the owner/developer to construct a trail along the Route 47 frontage as part of any property improvements; • Require cross-access easements be established on the property allowing access to/from the surrounding properties; • Require a 40' '/z right-of-way dedication along Ament; • Establish a 50' building setback line measured from the new Ament Road right-of-way. 6 ayes; 0 no 2 Staff Comments: • Staff discussed the option of negotiating a (pre) annexation agreement for the property to become effective upon contiguity. The petitioner is not interested in pursing this at this time, stating the primary objective is to continue marketing the property and allowing a future owner determine whether or not to annex the property. • The County B-3 Zoning Classification allows the following as permitted uses: • Drive thru businesses • Financial institutions • Tavem • Liquor Store • Gasoline service station • Boat rental/storage However, these uses are considered special uses for commercial/business zoning districts in the City of Yorkville. • The intensity of land uses will be limited due to lack of public utility infrastructure. • Public utilities are not currently available, but extensions of water and sewer mains are anticipated for the future. The property owner would need to pay the property's share/proportion of those costs and perhaps dedicate easements for those utilities should the property connect in the future. • The City's Comprehensive Plan, Design Guidelines identifies Illinois State Route 47 as a ` Gateway Corridor' and suggests an enhanced landscape buffer and building setback be established as properties development along this corridor; • The City's Comprehensive Plan, Design Guidelines — Site Planning Principles identifies 8 principles to follow as property (particularly commercial property) develops in the planning area. These principles, along with the City Appearance Code standards, should be considered for this property; 3 PLAT OF SURVEY SEC GROiP, INC. dmmN .IwwIM FOUND I serer EnR91eI�cwwepM•s�A1wm,tlon.sec PMnnmg PART OF THE SOUTHEAST 714 OF SECTION 16, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE uw.., ,.wb.ae IRM MORE THIRD PRINCIPAL MERIDIAN, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS ale A.e,,...• I 0 f ` INtL5E 5-16- Y FAFMS LP CIXLtiv5, AL9ES2t J E 05'L61CPVFY A-1 DIN q>gHAOi G K61t�ALL COfTITY a l I A �'- I ,06 ( /CSI rvtI{wfs�II� os _ _ 0516-I00-OY � 0 t _ _ A2AOAtL ccwm a ( I \� T ! l— �— __-- — )uea _ R'A°g65iG r SC.BX-CT _= 'ISSd V2 OD PROPERTY v Ran r _ - - - - T ROAD Ism` �.. N66V2'OT'E 636.)8 MEAS/bEE — — r_-. f or, • 204.16 "e _ --' — —� —� aOT 02 b 92' (577,78' DEED) — Q . , S01AS"'N ROSE Of 609' NESrOF R.O RO NJ W , �m ROD / J crwenue �i I I' 1- _. I ON Ll M l „Df FWNO RAHR040 £ IROM GE SNK£ W ASPHRT &9' BEST G0. j / t.DOW I LPN 05-I6-300-009 I x / , �--/ -/a l.'EfJALL CCIAVTY A-L 5(.' to m qs _ / �:.wr it rq f 5'A'°„ ® m CONTAAS T I — m ;< Add +°:., cer„b,ARE I II II1II \ DYr J �ws zrylo-¢ a_A it Ca..,rv. a-n 8 LO MAT ADD AP Qn." S l / SELL 1� STATE OF WN06 I 'll t- '>oz✓ l•<L_ \� / / OOJNtt OF KENDA ss. \ / I, CRAIG L E E, IWNUIS PROFESSIONAL LAND HAS BEE I I ,55„£ _ ��. PREPARED UNDERYMy CERTIFY THAT THIS DIRECT SUPERMSONROF THEE BEEN 950, TY` J/ PROPER DESCRIBED HEREON. . it ` / THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT IWNOIS MINIMUM STANDARDS MR A BOUNDARY SURWY, DATED AT TORKNLLE KENDALL DCl (¢�ENT q j I u OM DECEMBER 1Z 3007 EMIW ENGINES V @S (S65.27' GEED) 0L04 T ,A"_MI' P Imdz vmfeae m Lan6 Mwlo v{y6iPS q III -mf ,oL tl' Llwnee OrPlm[m ebte 11/30/ U L 11pNA ' D[vECmFR RICHARD Mnne¢n A990mnTC9, 1NC. 660 XpvLAND OpYC NO1F: C'Ay Mae Butch; Cme RahleUme Or Eutsumto ab[wn =n o Na[wtlM LEGAL OE56MPl7ft . 14 Ieub 6*560 ybJo Pbt me IDi=m he,11 1011, Up, eeee,ryUM Ordered to be awmpe MAT PART OF ME MUNFAST 714 OF SECTION 16. TONN£MP 36 YOFRICC: (630633 59333 cmMlm o Dow cas map, of Pe reword bulldAg ITee or eemmeRa ADEN, RANCE > EAST CF WE RRRD PRINCIPAL MEUDIAN, FPROJECT)503-373: • D"T, a bemwge Illln=la Sete Plw C=nelnek Sy p,, CHAD 0 SAM Core. DESCRIBED AS MOON COdtM INO AT ME IMERSECROO OF THE • No dletma above be (ewmetl by XAM9. CENTER LINE OF ILLINOIS SO JE ROVES NO. 47 ONTO WE XESRRGY 0C. DARTS CTEC • Me und",uMi Impewnmh Owe hem located Opera mown cee report. 130) 3331322 R, • No rmmeAtSw a• to dw,,mra. um,, or Moderator aaculd be hemp DOOM. £XRMS0,9 AT OM NORM LINE OF SAID SDUMEAST 1/4 MENCE • Thle Snwy Old Rot M Surwy me wW mmwt ddglna embmaed or ne =elwtl awl ERSI£RLY ALONG SAID NDRM ON£ AND /IS £XlEN51Q4 E3G>e fEEi rr lJ mw N9mhm dm.H TO RE LAS D OF ER) COURSE T WTO MITNEM✓, PERPENDICULAR PLAT OF SURVEY V. • Tnh M,ofeaslmdl .e,a=e m ram. to Me torrent Ildndb mmunum a<epnm.ee kr d ro T]!E Usr D£suweED cWRSE xLD F££P TAk'Nce WESTERLY, MART OF THE SOUTHEAST i Y boundmy aumy utl era PavAnned fo: PARALLEL MM END NORN DAEN 565.2] FEED TD ME p`01 GY 2 14 OF e uNE OF M£ M)f AND LORDS VAMN RNLWAY COMP4Nr RD(r w F� SECTION 16—J6-7, KENDALL TOWNSHIP, FOUrva LaO RWM WNe-,mddhLeC Me Feel MENCE NORMERLY RESTERLY AND NORMERLY ALONG END KENDALL COUNTY, ILLINOIS PUOUE Sol) ACRK CWT4STE0 CECEMBER II, 3007. EASTERLY UNE TD SAO NORM LINE, MENCE EASTERLY ALONG SAID HORN LINE 5>I.TB FEET TO THE PANT OF SEYYNNMG IN KENDALL m Q ampve pur ,F h talon [ntl alb ma,Minge xNli M'a plot otd AT ONCE rac=,t my RADREUIR KENDALL COUNTY NMOIS. N gy1WBj pBN BY: IMP. OAIE PRDECT M0. aamdpc.. .ern w1 my npe. cIO > > ONDT,u04 031 BY. IMT. MGR_ RATE BH£J NO. X50' wD Br. err. vBVr RNE' REZONE MRF HARF§IS FC,WE$7. . r I Jj I _ 1 AMENT M Mar ir.. Property 00 son C�l z Im WALKER Rl cl?, United City of Yorkville 800 Game Farm Road ' pYorkville, Illinois 60560 Telephone: 630-553-4350 9 � 2° Fax: 630-553-7575 4E APPLICATION & PETITION FOR CONCEPT PLAN REVIEW AND COUNTY MILE AND ONE-HALF REVIEW PLEASE CIRCLE UNDERLYINGTYPE OF R ST' Annexation & Zoning Rezoning PUD Amendment 1 % Mile Review Development Name: n!a Date of Submission: 317108 1 . Name of Petitioner(s): Richard Marker Associates, Inc. Address: 654 Heartland Drive, Yorkville, IL 60560 Phone Number: 1630) 553-3322 Fax Number: (630) 5535736 Email Address: gjneyer markerinc.com Relationship of Petitioner(s) to subject property: (x] Owner [1 Developer [] Contract Purchaser 2. Name of holder of legal title, if different from #1 : North Star Trust #3405 If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: Richard Marker Associates, Inc. 3. a). Street address and physical location of subject property: 9330 Ament Road. the southeast corner of Illinois State Route 47 and Ament Road. b). Legal description of property; attach as Exhibit "A". c). Total Acreage: 4.93 acres d). Kendall County Parcel Number(s) of property: 05-16-400-002 e). Current Zoning Classification: County A-1 q. Zoning Classification Sought: County B-3 g). Is this property within City limits? Yes X No, requesting annexation (If no is checked, is the property contiguous with existing City boundaries? . Yes X No) Page I of 5 United City of Yorkville Concept//-1/2 mile Review Application Revised: 1 1/28/06 4. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Same as shown in #1 . Attorney. Name: Gregg Ingemunson Address: 226 South Bridge Street, Yorkville, Illinois, 60560 Phone Number: (630) 5535622 Fax Number: (630) 553-7958 Email Address: Engineer: Name: SEC Group, Inc. Address: 651 Prairie Point Drive, Yorkville, Illinois 60560 Phone Number: (630) 553-7560 Fax Number: (630) 553-7646 Email Address: Land Planner: Name: nta Address: Phone Number: Fax Number. Email Address: 5. if 1-1/2 Mile County Review, what is county zoning currently? A-1 . Agriculture Requested Zoning: County B-3 Zoning of surrounding parcels: North: County A-1 South: County A-1 East: County A-1 West: County A-1 , with Special Use applied for (Cross Lutheran Church). 6. 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. b. 15 copies each of the application, proposed drawings, location map, site plan are needed to be scheduled for the staff review meeting. c. Appropriate filing fee (Please refer to Page 4 of this application "Petitioner Route, Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount). d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits), proposed drawings, location map, and site plan. For the Plan Commission Meeting, an additional submittal is need as follows: d. Concept Plan: 35 sets folded to fit in a 10" x 13" envelope e. 35 copies of the application with legal description. Page 2 of i United City of Yorkville Concept;1-112 mile Review Application Revised: 11/28/06 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. Date: Petitioner^ ) Subscribed and sworn ETAMI ^^^ ey of lcJ�C � 200 L SEAL ACHMAN TATE OF ILLI NOIS Notary Seal EXPIRES:03114 o THIS APPLICATION MUST BE NOTARIZED. Page 3 of 5 United City of Yorkville Concept/1-1/2 mile Review Application Revised: 11/28106 EXHIBIT "A" LEGAL DESCRIPTION: THAT PART OF THE SOUTHEAST V4 OF SECTION 16, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID SOUTHEAST /4; THENCE EASTERLY ALONG SAID NORTH LINE AND ITS EXTENSION 636.78 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHERLY, PERPENDICULAR TO THE LAST DESCRIBED COURSE, 381 .0 FEET; THENCE WESTERLY, PARALLEL WITH SAID NORTH LINE, 565.27 FEET TO THE EASTERLY LINE OF THE FOX AND ILLINOIS UNION RAILWAY COMPANY RIGHT OF WAY; THENCE NORTHERLY, WESTERLY AND NORTHERLY ALONG SAID EASTERLY LINE TO SAID NORTH LINE; THENCE EASTERLY ALONG SAID NORTH LINE, 571 .78 FEET TO THE POINT OF BEGINNING, IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. `QED C/pi- Reviewed By: Agenda Item Number 0 Legal ❑ pC #,a A Finance ❑ esr 1 less Engineer El— Tracking Number tp City Administrator ❑ Consultant ❑ PC 2008-08 El Agenda Item Summary Memo Title: Fountamview Annexation Agreement Amendment Request Meeting and Date: EDC/June 5,2008 Synopsis: Request to amend the Annexation Agreement to allow for adjustments to the front and side yard setbacks for Lot 3 of the Fountainview Subdivision Council Action Previously Taken: Date of Action: April 24,2007 Action Taken: Annexation Agreement Approval May 22,2007 Preliminary/Final Plat Approval Item Number: Type of Vote Required: majority Council Action Requested: Approval of Annexation Agreement Amendment Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report `v D C/; Y ® Memorandum To: EDC EST. _ ,__ _ 1836 From: Travis Miller g CC: Lisa Pickering, Deputy Clerk (for distribution) t31T • ( Date: May 27, 2008 Subject: PC2008-08 Fountainview/DTD Investments (Amendment) L� AuplicatiOII The petitioner is seeking to amend the existing Annexation Agreement, Ordinance 2007-33, so the north half right-of-way is 33 ', with a 30' building setback from the proposed right-of-way. The existing Agreement states, "OWNER/DEVELOPER shall establish a 30 ' building setback line for principal structures; from the roadway being constructed on an Easement granted by the County of Kendall Highway Department. OWNER/DEVELOPER may install parking, signage, and landscaping in said setback. "' Staff Comments and Recommendations: The Subdivision Control Ordinance (SCO) requires a 39' roadway with an 80' right-of-way (40' half right-of-way). The petitioner received, as part of the 2007 PUD Agreement, a 66' right-of- way (resulting in a 33 ' half right-of-way) as well as agreed to establish a 30' building setback measured from this right-of-way. As the plat of subdivision has been prepared, some issues have surfaced that require further elaboration in the annexation agreement. These include: Sidewalk location — The reduction of right-of-way limits the amount of area for the sidewalk to be located within. Staff has recommended and the petitioner has agreed to create an easement parallel and outside of the right-of-way line for the sidewalk. The proposed amendment includes this provision. Building envelope reduction — Staff recommended the reduction of right-of-way be conditioned upon the building setback be at the same location as it would have been with the required right-of-way. This equates to a setback for Lot 3 being 37' . Staff has recommended and the petitioner has agreed to reduce the side yard setback (opposite the street) by 7' — leaving a setback of 13 ' . The proposed amendment includes this provision. United City of Yorkville Ordinance No. 2007-33 "Ordinance of Authorizing the Execution of an Annexation Agreement of(Fountain View)" - r- -- j �_ __ �s'rtlauc anon I < _. rc+eTm.m urea - ,- - .wn ru.a on I I I [ nva wFU RVWSS�fE LOT 3 um AMFp l 1) S S c F ANA M MM •.' `Q6- _— --i —_mss���� ;. I � ��w ._ s?'e[a,awo sEimy --IJ c y ) V Y�LryM.kEMOf[_ � FIUMTAINVIEW DRIVE Ll AL Fll:.['f AnN1q 2IX6P[E 93I N. euauA WKVYE I[%WA 1USi AAL INSTALL S1PQi � _ '� wrc[u N+sa rus mva,r .- li �•//////////// rvn.�a+v r.�urury I s nxa onn,+.x Ena°n I � auunm a.Ha:p� I ' 4 February 7, 2008 March 19, 2008 STATE OF ILLINOIS ) COUNTY OF KENDALL ) AMENDED ANNEXATION/PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE AND DTD INVESTMENTS, L.L.C. DATED April 24, 2007 TO THE UNITED CITY OF YORKVILLE FOR DTD INVESTMENTS, LLC AN ILLINOIS LIMITED LIABILITY COMPANY (FOUNTAINVIEW) 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"), DTD INVESTMENTS, LLC AN ILLINOIS LIMITED LIABILITY COMPANY, (hereinafter referred to as "OWNER/DEVELOPER"), of the County of Kendall, State of Illinois . WITNESSETH WHEREAS, DEVELOPER is the OWNER/DEVELOPER of real property which is the subject matter of said Agreement comprising approximately 4.214 gross surveyed acres, more or less, and is more particularly described in the attached Exhibit "A", which is attached hereto and incorporated herein by reference and is hereinafter referenced as the "SUBJECT PROPERTY"; and WHEREAS, the subject real property is located within the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and the Subject Property was previously annexed to the 1 United City of Yorkville under Document #200700018953; and `Deleted: We requested WHEREAS, DEVELOPER desires to allow ,, . r:: setback of thirty .__,(3 ) Deleted: s Deleted: o -_— feet for it .__building_ . Deleted: s - Deleted: from the,,;-, i - .; Fountainview Road _ Deleted: of Rigbt-of-Way , -!_ sixty-six (66') feet Deletes: , , l� • t , it �.. r r , and a ten (10') foot parking setback from said roadway as measured from the north Right-of-Way line of Fountainview Road: j till I_ucv ..,_i h: o, o, i;- on Deletetl: a ' the SUBJECT PROPERTY zj,1 as legally described in Exhibit "A" as ;,the SUBJECT Deleted: .! Deleted: -.:. PROPERTY - _. i as depicted in the Plan Exhibit `B" which delineates all proposed setbacks attached hereto and incorporated herein by reference; and WHEREAS, OWNER/DEVELOPER is desirous of developing with the setbacks as set out in the Plan and Memorandum in Exhibit `B" attached hereto and incorporated herein by reference and which is entitled "Fountainview Building Setbacks" as prepared by MeritCorp, P.C. and dated January 25, 2008; and WHEREAS the CITY and its Plan Commission has considered the Petition to Amend the Annexation/PUD Agreement as to the SUBJECT PROPERTY, and the Plan Commission recommended approval of said PUD Amendment as to setbacks, which we depicted in the attached Exhibit `B" and which remains as shown in the Site Plan originally tendered to and 2 reviewed by the CITY with the original Annexation Petition and Ordinance; and WHEREAS, OWNER/DEVELOPER has presented, and the CITY has considered, the PUD Setback (Exhibit `B") for the SUBJECT PROPERTY and is in compliance with the CITY COMPREHENSIVE PLAN and the contemplated development of which will be a desirable addition to the CITY; and '.. WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be zoned and developed in the CITY in an orderly manner; and WHEREAS, OWNER and DEVELOPER and their representatives have held a Public Hearing in front of the CITY Council on _April , 2008, as to said requested PUD Amendment and prior to the execution of this AGREEMENT; and said Public Hearing Notice, was duly published and a public hearing were held to consider this AGREEMENT, as required by the statutes of the State of Illinois in such case made and provided; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ',... ILCS 5111-15.1-1 through 51 .1-5, inclusive, relating to Annexation/Planned Unit Development Agreements, the parties hereto wish to enter into a binding agreement with respect to the future '.. zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the development of the SUBJECT 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 held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the 3 procedure for the authorization, approval and execution of this Amendment to 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 5111-15. 1-5, as amended, as follows: A. ZONING. The CITY shall adopt an ordinance approving the requested PUT) Amendment as to the SUBJECT PROPERTY described herein in the attached Exhibit "A" as to the setbacks for the construction of the Fountainview Project as set out in the attached Exhibit "B„ (i) That the SUBJECT PROPERTY shall be developed as to setbacks in substantial conformance with the attached PUD Concept Plan, which is incorporated herein and made a part hereof by reference as Exhibit `B", as prepared and dated f Deleted: January 25, 2008 from Merit Engineering. Re-orientation of building foot prints or internal roadway or drive locations within the CITY Platting process shall be considered minor modifications that will not require further public hearing. '.. (ii) That in all respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances except to the extent modified herein. B. TIME OF THE ESSENCE. 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 subj ect matter hereof. It is further understood and agreed by the parties —4— that the successful consummation of this Agreement requires their continued cooperation. C. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term 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 statutes of the State of Illinois. Except to the extent modified herein the original Annexation/Planned Unit Development Agreement entered into between the parties are hereby ratified and re-confined as the Agreement of the parties. D. BINDING EFFECT AND TERM. 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. No Covenant or Agreement shall become binding on OWNER or DEVELOPER until DEVELOPER hereunder has closed the purchase of the SUBJECT PROPERTY by DEVELOPER from OWNER. E. NOTICE. 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 mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: , City Attorney 800 Game Farm Road —5— Yorkville, IL 60560 To DEVELOPER: Dean Tomich DTD Investments, LLC 815 N. Larkin Ave., Ste. 202 Joliet, IL 60435 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 may from time to time designate in a written notice to the other parties. F. ENFORCEABILITY. 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. G. 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. —6— 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 Dated: DEVELOPER: DTD INVESTMENTS, LLC By: —7— Attest: Dated: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —8— EXHIBIT LIST Exhibit "A" Legal Description Exhibit `B" Fountainview Building Setbacks —9— United City of Yorkville 800 Game Fann Road ER Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 La t P PC # APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: Fmjhtainview Date of Submission: 1 . Name of Petitioner(s): DTD Investments LLC Address: 815 N . Larkin Ave. , Ste . 202 Joliet, IL 60435 Phone Number: 815-744-8789 Fax Number: 815-744-0906 Email Address: Dean @DTDINVESTMENTS Relationship of Petitioner(s) to subject property: 3j Qwner 11 Developer p Contract Purchaser 2. Name of holder of legal title, if different from #1: NIA If legal tide is held in a Land Trust, list the names of all holders of any beneficial Interest therein: NIA 3. a). Street address and physical location of subject property: East cede of Route 47 b). Legal description of property: attach as Exhibit A". c). Total Acreage: 4 . 214 d). Kendall County Parcel Number(s) of property: 05-04-300-023 , 05-05-400-015 e). Current ZoningClessi8cation: B-3 Business Dist . , B- 1 Business Dist . , O-Office Dist . 0. Zoning Classification Requested if changing zoning: no change 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit "B°.) Page I of United City or Yorkville AcnendAnneaation/PUD Application Revised: 11!28706 5. Date of Annexation or P.UD Agreement sought to be amended: April 24 , 2007 NameofAgreement Annexation Agreement to the United Vt of Yorkville 6 DTD Date of Recording: June 18 , 2007 nves men s , LLU Property Attach a true and correct copy of agreement as Exhibit "C". 6. State the items to be amended from the existing annexation or PUD agreement. To permit setbacks to lots as attached in Exhibit "D" 7. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Daniel J . Kramer, 1107A S . Bridge St . , Yorkville, IL ' 60560 ohone : 553-9500 fax : 553-5764 Attorney: Name: Daniel J . Kramer Address: 1107A S. Bridge St . , Yorkville, IL 60560 Phone Number. 553-9500 Fax Number. 553-5764 Email Address: Dkramer @Dankrameriaw .com Engineer. Name: MeritCorp Address: 20 S , Main St . , Oswego, IL 60543 Phone Number. 630-554-6655 Fax Number. 630-554-7788 Email Address: Land Planner. Name: N /A Address: Phone Number. Fax Number: Email Address: 6. Submit the following to the Deputy Clarkin 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 "Petitioner Route, Step 1, Fees andtor contact the Deputy Clerk for verification of this amount). c. Site Plan (If necessary): 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. Page 2 of United City of Yorkville ArnendAnnesation/PUDApplication Revised: 11/28/06 In witness whereof the following petitioners) 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. a Date: Petitioners) Signature: (All legal property owners of record signatures must appear on this application) Subscribed and sworn to before me this day of . 200 Notary Seal THIS APPLICATION MUST BE NOTARIZED. Page 3 of 4 United City of Yorkville AmendArme%etion/PUD Application Revised: 1128106 AMENDMENTTO ANNEXATION OR PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT 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: 1 . a. Annexation/PUD Amendment - $500 b. 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: City Council: 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 Amendment to Annexation/PUD Agreement. For a public hearing, the petitioner shall complete and submit to the Clerk's office an application with a legal description 45 days prior to the public hearing at the Plan Commission meeting. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Before this amendment can move forward to Committee of the Whole, a "draft° Amendment to Annexation or PUD Agreement must be written. Step 3: Committee of the Whole: The 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 and for review of the draft amended agreement Step 4: City Council for vote on the amended agreement. Any amendment to an 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 record o the p Cle ;United City cf Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Sjg�r a f Peti oner , Page 4 of 4 United City of Yorkville AmendAnnexation/PUD Application Revised: 11/28/06 EXHIBIT "A°' LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 89 DEGREES, 40 MINUTES, 05 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 655.52 FEET TO THE TANGENT CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 1 DEGREE, 44 MINUTES, 07 SECONDS EAST ALONG SAID TANGENT CENTER LINE AND SAID TANGENT CENTER LINE EXTENDED, 3511. 16 FEET; THENCE NORTH 89 DEGREES, 29 MINUTES, 40 SECONDS EAST 548.60 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES, 29 MINUTES, 40 SECONDS WEST ALONG THE LAST DESCRIBED COURSE 548.60 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH I DEGREE, 44 MINUTES, 07 SECONDS EAST ALONG SAID CENTER LINE 489.07 FEET; THENCE SOUTH 86 DEGREES, I 1 MINUTES, 02 SECONDS EAST 575.53 FEET TO A LINE DRAWN SOUTH 4 DEGREES, 21 MINUTES, 07 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE NORTH 4 DEGREES 21 MINUTES, 07 SECONDS WEST ALONG SAID LINE 533.53 FEET TO THE POINT OF BEGINNING (EXCEPT THE SOUTHERLY140 FEET, AS MEASURED ALONG THE EAST LINE THEREOF AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED MAY 87 1990 AS DOCUMENT 90-2884) IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. �`�e�D C1.0.y Reviewed By: Agenda Item Number J o T Legal ❑ Finance ❑ EST. _ 1838 Engineer ■ - ❑ City Administrator_ Tracking Number q 9 �O� Consultant ❑ PC 2008-09 <<E w?'� F-1 Agenda Item Summary Memo Title: Stagecoach Crossing—Preliminary and Final Plat Request Meeting and Date: EDC/June 5, 2008 Synopsis: Request for a Preliminary Subdivision and Final Plat of Subdivision approval Council Action Previously Taken: Date of Action: March 9, 2004 Action Taken: Approval of Annexation March 14, 2006 Approval of variances for signage Item Number: Type of Vote Required: majority Council Action Requested: Approval of Preliminary and Final Plat of Subdivision Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report 0 Memorandum To: EDC EST. 1836 From: Travis Miller c- �� CC: Lisa Pickering (for distribution) Date: May 28, 2008 <I E`®�yge� Subject: PC2008-09 Stagecoach Crossing (Preliminary/Final Plat) Background: Final engineering has been completed for the subject property and building has begun onsite as seen by the shaded figures in lot 1 , lot 4, and lot 6 on the plat of subdivision. Originally, the petitioner was not requesting to subdivide the lot as building space was to be leased to tenants and owned by the petitioner. However, the petitioner is now requesting to subdivide the property into 7 lots with lot 7 reserved for stormwater management and lots 1 , 4, and 6 already build out. The subdivision process allows for separate ownership of the lots other than the petitioner. Plan Commission Recommendations: The Plan Commission reviewed the requests May 14, 2008 and made the following actions: - Motion to recommend approval of the Preliminary Plan as proposed subject to addressing staff comments 6 ayes; 0 no - Motion to recommend approval of the Final Plat as proposed subject to addressing staff comments 6 ayes; 0 no Staff Comments: • The subdivided lots are within B-3 Zoning Classification. The final plat of subdivision does comply with lot areas and yard areas (i.e. building setbacks) as identified by the B-3 Zoning Classification; • Drive-thm businesses are now considered special uses in commercial and office zoning classifications. Lots desiring to develop a drive-thm business (or any other business considered a special use in B-3 Zoning) must go through the special use approval process. Staff Recommendations: • Covenant(s) should be included on the plat describing the responsibilities and rights for the shared parking areas, private street, common landscaping and stormwater management; • IDOT has requested that a separate lot be created where Saravanos Drive meets Route 47. This lot would be 15 feet wide across the width of Lot 7 and then taper down to the existing Route 47 right-of-way lines at 45 degree angles. This lot should be designated as future right-of-way to be conveyed to IDOT. Following this adjustment the plat should be submitted to IDOT for review prior to final approval; United City of YorkviHe t 800 Game Farm Road =- 3e Yorkville, Illinois 60560 4 Telephone: 630-553-4350 Fax: 630-553-7575 Pt' # APPLICATION &c PETITION Please Check One: x Preliminary Plan X Final Plat Development Name: stagecoach cross ingDateofSubmission: 03128 / 08 1 . Name ofPetitioner(s): Elefterios Saravanos Address: P . O . Box 415 , Plainfield , IL 60544 Phone Number: 815 - 545- 7253 Fax Number: Email Address: i 2. a). Street address and physical location of subject property: Saravanos Way located west of Route 47 and south of Route 71 b). Legal description of property; attach as Exhibit "A". c). Total Acreage: 9 . 47 acres 3 . Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Gregg Ingemunson Address: 226 South Bridge Street , Yorkville , IL 60560 Phone Number: 630- 553 - 5622 Fax Number: 630- 553- 7958 Email Address: Page 1 of 8 United City of Yorkville Preliminary/Final Plat Application Revised: V27/06 Continued - 3 . Contact Information Engineer: Name: Rick McCombs Address: 651 Praitie Pointe Drive , Yorkville , IL 60560 Phone Number: 630 - 553 - 7560 Fax Number: 630- 553 - 7646 Email Address: rmccombs @secgroupinc , com Land Planner: Name: N / A Address: Phone Number: Fax Number: Email Address: 4. 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 3 of this application "Petitioner Route, Step 1, Fees" and/or contact the Deputy Clerk for verification of this amount). c. To begin the review process, the initial submittal must consist of- 1 . 12 sets of Preliminary Plans /Final plats folded to fit in a 10" x 13" envelope 2. 7 sets of Landscape Plans folded to fit in a 10" x 13" envelope 3. 7 sets of Preliminary /Final Engineering folded to fit in a 10" x 13" enveloped. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits), preliminary plan or final plat, landscape plans, engineering plans. Within one week of receipt of submittal, the Engineering Department will determine if it is complete or if additional information is needed. Once the submittal is complete, the Plan Council Meeting date will be scheduled for the next meeting that is 6 weeks from this date. One week prior to your scheduled Plan Council meeting, you will be required to submit 15 full size preliminary/final site plans for the packets distributed to the members. Page 2 of 8 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 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. Date: Petitioner(s) Signature: (All legal property owners signatures or their authorized agents (i.e. Planner, Petitioner's Attorney, Engineer) must appear on this application.) Subscribed and sworn to before me this r 6L day of 4QZ& tio � 200 . 'OFFlOIAL SEAL' L PONTANOVI Notary Seal [: NOTARYTHLERLY11 C, STA TE OP ILLINOIS Y COMMISSION EXPIRES 08/07J70 THISAPPLICATIONMUST BENOTARIZED. Page 3 or 8 United City or Yorkville Preliminary/Final Plat Application Revised: l/27/06 THAT PART OF THE NORTHEAST QU4R7ER OF SE0770N 8 AND PART OF 7HE NORTHWEST QUARTER OF SEC770N . 9, 7OWNSH/P 36, RANCE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS.• COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SEC77ON B. THENCE SOUTHERLY ALONG . THE EAST LINE OF SAID SECTION $ A DISTANCE OF 16:20 CHAINS TO A POINT H£RENAFTER REFERRED TO AS POINT A °• THENCE NORTHERLY ALONG SAID EAST LINE; A DISTANCE OF M75 CHAINS; THENCE SOUTH 8321001* EAST, 57 LINKS TO THE CENTERLINE OF ILLINOIS STATE ROUTE 47• THENCE ALONG SAID CENTERLINE, SOUTH 3671 Of" EAST 8.43 CHAINS` THENCE NORTH 8858'13" WEST, 75.51 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE 47 AND THE POINT OF SEGINNIN 7HENCENORTH 88503" WEST, 279.20' FEET TO SAID "POINT A ** THENCE NORTH 847052" WEST, 65495 FEET TO 7HE EASTERLY LINE OF ASSESSOR'S LOT 6, AS SHOWN BY A PLAT RECORDED. IN PLAT BOOK JON PAGE 65. THENCE ALONG SAID EASTERLY LINE, NORTH 0670'50` EAST, 63558 FEET THENCE SOUTH 83 F9'f0" 'EAST AGE FEET N THE WESTERLY LWE OF LANDS CONVEYED TO McDONALD'S CORPORAT E BY DOCUMENT 200" 'EAsT432 DATED ro AUGUST 22, 2001; THENCE ALONG SAID WESTERLY LIK SOUTH 27'D0.05"- EAST, 94.69 FEET 7O THE MOST SOUTHERLY CORNER OF SAID MCDONALD'S LANE4 THENCE ALONG THE SOUTHERLY L!N£ OF S70 THE MOST LANDS, NORTH 625955" EAST, 197.35 FEET TO THE MOST EASTERLY CORNER OF SAND McDONALOF LA SAID CORNER BEING ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF ILLINOIS STATE ROUT€ 47 THENCE ND FEET ALONG SAID RIGHT OF WAY LIN& BEING A CURVE TO THE LEFT WITH A RADIUS OF 1969,93 FEET A CHORD BEARWG OF SOUTH 3579%13" EAST AND A CHORD DISTANCE OF 7Q25 FEET, THENCE CON 77 NG ALONG SAID RIGHT OF WAY L INE SOUTH 3671'0)° EAST, 787.91 FEET, Rf•7URN/NG TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKWL4& /CENDALL COUNTY, ILLINOIS EXHIBIT A Ov^ GROUP, INC. MP�i,INORyIRRS1b40Mb NWINSIST CORNER .x R_ SEC A DA 6 6-] s PRELIMINARY/FINAL PLAT OF SUBDIVISIONn �R�^R N PKNWNEST CORNER I61 RMPoIIYDL1Mi.LMMO ° `°° '�" ' STAGECOACH CROSSING NG MGNMMe.Yr nwNA e CR Yr CW iIIL O. Jr_Oy/md Pl>IEry PILOT FIE'3TANMRO PART OF SECTIONS 8 AND 9, TOWNSHIP 86 NORTH, RANGE 7 EW mm aT S,emnMw GRAPHIC SCALE came OF `I EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY e OF YORKVILLE, KENDALL COUNTY, ILLINOIS ...`. 1 mm --tea° 1 fL \ 1 \ I LEGEND BUILDING LEGEND SECnON LINE pa adw \ i ml - - - - - — ' — CENTERLINE OF ROUSE 47 SHADED AREA DENOTES EXISBNG BUILDING LOCA RON — — — — — — — RIGHT BE WAY LINE \ \ \ b I LOT LINE / BOUNDARY LINE SHADED DASHED LINE DENOTES BUILDING SETBACK LINE PROPOSED BUILDING LOCATION NOT SUBDIVIDED ---------------- EXISnNG EASEMENT LINE NOTE EM mY !GIO U m.]9' \ \ \ W NMM I NNE XESRRCY UNE Cf' \ \ MtOWAIOS !ANDS S83049'1 139,8 1 mpI PIPE SAT \ iI ASS' XE51gi[Y l ON VHE Q \ MrLWAIO'S f.WOS 118 \ o oo NOTES: TOTAL "NO AREA OF SUBDIVISION = 9.47 ACRES MORE OR LESS. ry �\ ' m 4�\ \�� \ - THIS PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE UNITED CITYOFYORKVILLE, KENDALL COUNTY, ILLINOIS AND IS ZONED B-B - BUSINESS SERVICE DISTRICT. SFCVWASW MANAGEMENT EASEMENT PER DOG JSBJ5 '° BEARINGS ARE "BED ON GEODETIC NORTH (GPS OBSERVATIONS) AND REFERENCE THE ILLINOIS S, LOr T STATE PLANE COORDINATE SYSTEM HAD B (48. A&S S L \ \ \ \ - 6L8' STEEL REBAR TO BE SET AT ALL INTERIOR CORNERS WITHIN 12 MONTHS OF RECORDATION. - DIMENSIONS ALONG ALL CURVES HEREON ARE ARC LENGTHS. \ \ \ \I \ - NO DIMENSIONS SHALL BE ASSUMED BY SCALING. STUNKS - A BLANKET EASEMENT FOR PUBLIC UTILITIES AND DRAINAGE IS HERETOFORE GRANTED PER P6 zH. `OI 0 65 S6i 5p'gp-E y6' $ ') (A / W �, 9S• S2T81°E\ DOCUMENT 2006-86033, RECORDED ON NOVEMBER 17, EDGE. V I\ ate,- 05)v ��55�09 w.yY zP RSL _-- po yM1O� M1O BUILDABLE LOT AND NO BUILDING SETBACK LINES ARE SHOWN ON LOT 7, ENT. LOT ] IS NOTA _ _ \ \ LOT ] IB RESERVED FOR ROADWAY PURPOSED AND STORM WATER MANAGEMENT. yip pT ��250 -THERE 18 NO DIRECT ACCESS TO ILLINOIS STATE ROUTE 47 FROM LOTS (, 2 AND 3. LOTS 3 AND 4 ARE SUBJECT TO A 20 FOOT ACCESS EASEMENT PER DOCUMENT 8609285. RECORDED 0 yyy� Po' g \\ \ pO \ \ ON SEPTEMBER B, 1996. BUILDING SETT BACK LINES (B.S.L.) ARE SO FEET IN FRONT YARDS, 10 FEET IN 810E AND REAR YARDS. LOT 5° \ \ CROSS ACCESS EASEMENT: b I LOT 6 0.9e ACRES t 1 \ \ ry LTS ACRES • \ A RECIPROCAL EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE m�P OWNERS OF LOTS 1, 2, 3. 4, S. 6 AND ], AND THEIR ASSIGNS, FOR INGREB&EGRESS IAND CROW ACCESS OVER THE PAVED AREAS OF SAID LOTS 1. 2. 3. 4. E. 6 AND 7. L I It \ �,. �NI'BSL PTM I26.80' LOT J ,N < LAS ACRES t g \ s- O� Sf \ f i / \ 56-4JO'rTT=%19' ° �.�9 l R� %25 5098 e 3 \ BSy A, \ m m I LOT 5 P'�. L94, ACRES U � I u p• m ! I �\ L2i A(SES� \ PREPARED FORT I 9"PO PROPERTIES, L.L.C. MR.MR. 8L8RB T8R108 'LARRY DAMVANOD - OWNER IISI FI LD, ILLRCES 60 _ 2 I PWNFIHLD. ILLINOMI 1084{ _ V $ J 2v muaEas ! E%L5S usMCNr \ \ \ SET CONCRETE 418M M'RSA—AR �I'�T %WJM STORMWATER MANAGEMENT TWNO I- mON RAE g \ \ FINAL PLAT OF SUBDIVISION MONUMENT 4M' EASRREV ! av uNE EASEMENT P£R Ooc 35az5 NBq°2p'S2'W 964.85 R zJBJZ� - - ---------------------------------� \ STAGECOACH CROSSING ='0p p5 T6. 22J48' 76.61' \ \ PART OF SECTIONS 8 8 9-98-7 f3CIJ10�o EP`�w MUNE z9 NmESYl E4RES5 EAffAIBB°5573'W 27915 N88°5513'W \ \ UNITED CITY OF YORKVILLE, SU SETACONCRETE Pqi MCUUeNi%avaBS JBQI�GE�PavT OF \ \ \ \ \ REMRON6 KENDALL COUNTY, ILLINOIS NO. MONUMENT I N01 5 BEGINNING \ i. ARM J-27-08 040m.09 D5N BY: TNT: HORIZ SCALE SHEET NO. I.-W, a CHK BY: INT. VEIT SCALE: I OF 2 C(D IM R W tlo�l D tMR FFe.tl4YOMA PRELIMINARY/FINAL PLAT OF SUBDIVISION GbYp�Ca is BECAWWbm SEDPYRY, STAGECOACH CROSSING ._ . N AOCWMK.DN. 4M.LE �. L�Rp te1�TWM MOP FALL eANOAe RO find gltda, PART OF SECTIONS 8 AND 9, TOWNSHIP SB NORTH, RANGE 7 HEN: Not of s,bmuxlea EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SURVEYOR'S CERDRCAM OlMJg3P �TE STATE OF ILLINOIS ) SU/E OF )SS ) $a STAIE OF WNOS) COUNTY OF KENDALL ) COUNTY OF 1 foes CWNIY CY KENDALL) - add s to cwfl{y a pr ( rty d c den a fansaO Pia/exsiond Land Sumlw- in the State of l9inws, haw aurwle6 MIS l5 10 CERRFY LETU A ME CA SEED SIMPLE OKNCR E ME PROPERTY DESCRIBED IN oM subOixJM Me property Aasmbetl as IdlNws- THE TED AS S OW HEREC FRT ME U AND HAS CAUSED WE SAME TD BE S AS ALL SED ANOEO, AND MIS /NSIRECORD N0. WAS MIS FOR RECORD PUTTED AS SHOW HEROES Opt BY USES AND PURPOSES PT W SET E UN AS ME STYLE AND PROWLED M Y O RECORDER'S OFFICE OF KENDALL COUNTY, l(IMgS ON MIS SSC?XK MAT PART OF AN E 7, EAST WARIER el MANCIP L ER PART OF ME NORMN LLO QUARTER OF YCMkI 9. FDA BY STAN1£ AND DOES HEREBY ACKNONLEDCE AND ADOPT ME SAME UNDER ME SINE AND RI(£ DAY q" 2O_, AT O'ttOCK _M. IONNSYIP J; RANGE 1, EAST CY ME RRRD PRINpPAt MERIDIAN, DESCRIBED AS FOLLOWS iHEREq! MDICAIED. COMMENCAG AT ME NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECRON B, THENCE SOUTHERLY ALONG WE UNDERSIGNED HEREBY DEDICATES NA? PUBLIC USE ME LANDS SHOW LW INS PUT TOP WE EAST ONE CY SAID SECIAM q A DISTANCE OF 16.10 CHAINS TO A PWNT HEREINA)'MR REFERRED TO AS 'POINT iHMWCNFARE$ SIREEIS: ALLEYS AND PUBLIC SERNCES AND HEREBY &SO RESER4E5 FOR ANY FINNED, A^ THENCE NORTIA Cr ALONG SUN EAST LINE A DISIANCE OF 6.75 COUNS,' WENCE SWIN W'2I'01" EAST, 57 CAS IEIFPHQVE CABLE N OR OMER IELECOMMUMLA RUNS COMPANY UNDER FRANCMSE AGREEMENT MM KENDAL. COUNTY RECORDER LINKS IN ME CENTERLINE OF WN0n STALE ROUTE 4E THENCE ALONG SAN CENTERLINE SOUTH J62I'0I" EAST, WE UNITED ON OF YCRKNLI£, (HEIR SUCCESSORS AND ASSOPIS WE EASEMENT PRONSIONS MICH ARE RAY CHAINS THENCE NORTH B W'W NEST, 7551 FEET TO ME SWMNESIDDY RIGHT OF WAY LINE OF IWNOS STATED HEREOI STATE HOUR 47 AND ME PUNT OF BEGINNING' TILE UNDERSIGNED FORMER CORBY THAT ALL OF WE LAND MOUDED IN MIS PUT lAn JIMMY ME MENGE NORM MW'IJ" NEST, 279.20 FEET Al SAID "POSIT A . THENCE MORM 8420'52' NEST. 654.95 FEET TO BINMDAMES OF YORNIO LE COMMUMIY UNIT SO = OISTMCT 115 ME EASTERLY ONE OF ASSESSOR'S LOT 6, AS SHONN BY A PUT RECORDED IN PUT BOOK J ON PACE 6S' THENCE DATED AT MIS DAY CK 10_, ALONG SAID EASTERLY IME, NUNN 0670SO" EAST 6JIS8 FFET,' MENGE SOUTH 049'10" EAST. 1J6.W FEET TO C?Y PAN cawaSsm Q3/FMATE' ME XESIERLY IM£ OF LANDS CONVEYED RI MCOONALD'S CORPCWARON SY DOCUMENT 2WICOD174J2 DATE) OMER. AUWST 21, LUNG MENLY ALWC SAID AESTERLY IM'E SWM 27VOD5" EAST, 9469 FEET TO ME MOST SOUTHERLY COPMF CF SA/O MCOONAIDS LINOS,' HENCE ALONG ME SOUTHERLY LINE CF SAIO MCOONAID'S IANIn SEAT OF IUMAYS) NORM 6259'55" EAST. I9ZZ FEET M ME MOST EASIERLY CORNER OF SAID McDONAIU'S LANDS SAID CORNER BY )ss BETNC ALONG ME SOUMAESTERLY RIGHT Q' WAY UPS O" IWNOLS STATE RWIE 47. MENGE ARS6 FEET ALONG COUNTY OF KENOALC) SAN RIGHT OF WAY UNE MEANS A WRW TO ME LEFT MM A RADIUS OF 1969.9) FEET, A CHORD BEARING OF SOUTH 3579'IJ" EAST AND A CHAD) DISTANCE OF 70.25 FEET. THENCE COYTWUINC ALONG SAID RIGHT OF WAY APPROVED ANN AC'CPIED BY ME PUN COMMISSION 0' ME LIME, SUNNI J52I'01" EAST, ROM ITIFE RENRMNC TO ME PMNT As BEGAIMNC. IN ME WITED ON C£ ITH UNITE) ON OF YORKNLLE, ttIMCS MIS )AY C 20_ YORKNUE KENDALL COUNTY. ILLINOIS 1 Was hpeby cMity that I ham MapectM the Federal FlwM Msumsme Rate Map, Community Panty Number I7W41 W75 4 doted vuly 19, 1982 and have deb ormnss Met Me sub tct prryMy ns located NiM/n TLOW IRE C — gINRMAN Arens of m/nlmol flocdMA . on identifier by the Federal Emagency Management Agency. MIS dwennumbon Mated only to Me designated flood zones. amited by owdode publlalred Onto and no tletamNatlm is hweon rImplied AVT4FY hdlg whether or not Me subject propMy wall wtudly (Hod. I Wso hereby cartity that dl subadmahm "Hooker monuments how bean xf nth dessMed on tots End Plot as STAT 0" ) reWlred by the Plat Act (INXons Reused Statues IRBIL Chopter 109, Section 1), and Mat aN Mtwbr monuments sOl �MIy UN AL !-III' ALTM.�.eeTOq TQP'9 C�TRCAi£ be act w(M/n 12 months of the recardot/m or His plat. An busens/ons sham we M /eat and dec/mds M=Rat. Has prahaLimd acrvice "Mons to the Cement 9Mds minNnum slandoMS Tar a boundary swwy STALE W XLWOS) 1. A NOTARY PUBLIC IN AND FOR ME COUNTY )era COUNTY O' KENDALL) Clwn under my mend and stet Hla _ day of A.D. XI_, CND STATE AfpRE$AN. DO HEREBY CERTIFY MAT APPROVED AND ACCEPIED BY ME ON AWANISMATVR OF ME AND P£RSWA(LY KNOW AN ME 10. BE THE (MORD ON OF YOiKNNE, ILLINOIS, MIS _DAY D' 20_, ANN Ot' AS SHOW ABOVE APPEARED Pro ssmand Animus Land Surw)w No JJ59 BEFORE ME MIS DAY AND AOLNONEEMOR MAT AS SUCH OACEFS MEY SIGNED AM DELVERED ME SAID License expemkor date : IIIJO 12008 INSTRUMENT AND CAUSED WE CORPORATE SEAL TO BE AFFIXED THERETO AS MDR FREE ANN VOLUNTARY ACT AND AS ME FREE AND VOLUNTARY ACT OF SAID CORPOPARW, FOR ME USES AND PURPOSES ME MN ON ADMINISIRAIOR Ri FORM. OVEN UNOEF MY HAND AND NOTARIAL SEAL MIS _ DAY OF 10_ rm m rw_>, cL�TrrcaTe bTY �:S CffiTFX m NOTARY PUBLIC STA]E OF DINGS) STAIE OF UUMOS) IS COUNTY OF KENDAU))su COUNTY OF KENDALL) APPROVED AND ACCEPTED By WE MAYOR AND VET' AY OF' O' ME UNNFD ON OF 1'QPKNLLE, MJNgS HAS _DAY UN 10_ ( ,K)E WYAROT VETO ENGMEEF FOR ME WILED OR E EOURE AND(LULZ UA HEREBY CERTIFY MAT ME REQUIRED IMPROR WE NAVE BEEN INSTALLED OF ME REWIRED LUARAN]E£ CCLA]EPAL HAS CJTY �sd .0 (�1 1F BEbL PoSTm FOR ME CWPLERO! OF ALL REWIRED IMPROVEMEN)S. DATED AT ttM(NILE, HONEYS MIS DAY OF � 20_ STATE O NLINgS) MAYOR CYNMIY OF KENDAL) APPROVED AM ACCEPTED BY ME MAYOR AND a" COUNCIL OF THE [MIND ON OF 1TdRKNILE NLNOS BY OROMANCE No, ON ENOMBER AT A METING XEID OW —DAY OF 20_ ON GLENN PTVT4ICT e..�e,.r EffiIP�ATE Mot post has been Narrows by Me 6 nano DeN omment of lionvportoeMn .,M STATE OF NLMOS) respect to roadway Access, mmumt to paragraph 2 at 'AN ACT N RENSE Ms ME LAW IN REUTION N PUTS' as amended. A p lan Mat meets the COUNTY OF KENOAU) rcquismems contained M Me DepwtmanYs Pry on Permis /a• Aeee•• PREPARED FOR: Outbound, Us State Mnhweve wlP be requNed by the DaportmmL L COUNTY CLEAR OF KENDALL COMIT, ILMOS DO HEREBY _ CERTIFY MAT MERE ARE NO OEMOUENT GENERAL TAXES NO UNPNO O mbfi r TARE$ NO MR. LARRY SARAVANOS -OWNER UNPAID FORFEITED TAXES AND NO REDETMABLE TAX SALES AGAINST ANY OF ME LAND INCLUDED 1191 W. LOCKPORT ROAD IN ME PUT HEREIN DRAW I FORMER CERTFY AM I HAVE RECEIVED ALL STATV TENN FEES IN P1.ATNFIELD. ILLINOIS 80844 OisDMt Engtnev COMMORM HIM ME PUT HEREIN DRAW. GIVEN UNDER MY HAND AND SEAL OF ME COUNTY CERK AT YORKNLLE, ILUNO£ MIS DAY OF 20_ FINAL PLAT OF SUBDIVISION INo Mammas should be awarded byscdhg STAGECOACH CROSSING I No underground Mprovemmts how been boosted mien noes COUNTY CLERK and MAN. PART OF SECTIONS S & 9-33-7 repaentmlm as to ownenh4. use. ce poleealm some No heron mpllw. UNITED CITY OF YORKVILLRN oweenoPlot H� e aminam angmm meaawa be a crdeod and our mgod. KENDALL COUNTY, ILLINOIS • we prolesLlmol woo whams to Whom mWmum standards ra a bwmwy Laney and .a,pc d m:d INn SEES MR. LARRY SARAVANOS RENSLWS OM BY: I NT: GATE: PROJECT NO. Cempae par aevcNptmn and she marxA95 wind um plot Asa ROD J-27-06 0404UZ08 AT ONCE often any abarepmuo w yon sao soy mono. DSN BY: TNT: HlMl2 SCALE: SHEET NO. '50' CHK BT: I MT: VERT SCALE: 2 OF 2 CLD \QED C/ry Reviewed By: Agenda Item Number O Finance ❑ EST. ;. � 1836 Engineer El—� — Tracking Number .44 y City Administrator ❑ �y �O Consultant El PC 2008-10 4. Agenda Item Summary Memo Title: Titanium Investment Properties, LLC (Children of America Daycare)—Special Use Request for a Daycare Meeting and Date: EDC/June 5, 2008 Synopsis: Request for a special use to allow a daycare use on Lot 2 of Prairie Pointe Subdivision Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of Special Use for a Daycare Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report ,��D C1TY Memorandum To: EDC EST. 1 1836 From: Travis Miller CC: Lisa Pickering,Deputy Clerk(for distribution) OO p Date: May 27,2008 Subject:PC 2008— 10 Prairie Pointe Lot 2B,Crimson Lane(Special Use) LE Backeround: The Plan Commission reviewed the request May 14, 2008 and made the following action: - Motion to recommend approval of a special use for a daycare on proposed Lot 2B Prairie Pointe Subdivision 6 ayes; 0 no The Plan Commission reviewed the following standards(Zoning Ordinance 10-14-6.F)when preparing the recommendation to approve: 1. The establishment,maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety,morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted,nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities,access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimise traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74) Staff Comments/Recommendations: • Staff recommends approval of the special use for a daycare on this property. • The current geometric plan proposed for the Titanium Development (Children of America Daycare) requires the subdivision of Lot 2 into 2 parcels. The subdivision process described by the Subdivision Control Ordinance will be necessary for this action and a subsequent application has been received by the property owner and will be reviewed June 11 , 2008 by the Plan Commission — staff expects this to be on EDC/City Council agendas for consideration in July. United City of Yorkville �c y C+n County Sea t of Kenda 11 County 800 Game Farm Road Er. ^1 - 1636 Yorkville, Illinois, 60560 < � Telephone : 630-553 -4350 Fax : 630 -553 - 7575 Website : www.yorkville . il . us CE tV� PC# APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: Titanium Investment Properties Day Care Date of Submission: Requesting: [] Annexation [] Zoning[] Planned Unit Development [X] Special Use: Day Care 1 . Name of Petitioner(s): Titanium Investment Properties, L.L.C. — Yorkville Series Address: 1291 Peoria Street, Washington, IL 61571 Phone Number: (309) 4448339 Fax Number. (309) 481-0481 Relationship of Petitioner(s) to subject property: [] Owner p Developer [X] Contract Purchaser 2. Name of holder of legal title, if different from #1 : Jason Poopen Robert Wegener and Thomas C. Zanck 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 property: Part of Lot 2B in Prairie Point Subdivision Crimson Lane Yorkville Illinois (ii). Zoning of surrounding parcels: North: South: East: West: b). Legal description of property; attach as Exhibit "A". c.). Total Acreage: 1 .25 acres Page 1 of 5 United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2125104 3. (con't): d). Kendall County Parcel Number(s) of property for which PUD is sought: 02-21 -482- 002 e). Current Zoning Classification: B-3 — Service Business District f). Zoning Classification Requested: Special Use — Day Care g). Is this property within City limits? X Yes 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 entities or agencies required to receive notice under Illinois law: United City, of Yorkville 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: Not Applicable 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 and fax number of person to whom inquiries regarding this petition may be directed: Scott B Underwood 1291 Peoria Street Washington IL 61571 : (309) 444-8339: Facsimile (309) 481-0481 : scott(g�titaniumdevelopmentgroul) com Attorney: Name: Robert W. Brown Address: 1291 Peoria Street Washinaton IL 61571 Phone Number: (309) 444-8339 Fax Number: (309) 481 -0481 Engineer: Name: Keith E Lacy, III P E P L S Barrington Engineering Consultantsi Ltd Address: 720 Fox Glen Barrington IL 60010 Phone Number: (847) 382-6337 Fax Number: (847) 382-6366 Land Planner: Name: Scott B. Underwood Address: 1291 Peoria Street Washington IL 61571 Phone Number: (309) 444-8339 Fax Number: (309) 481 -0481 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: 2125/04 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: . 2008. etitioner(s) 'gn ure: (All legal property owners signatures must appear on this application.) asooppen� �, o rt Wege r —TThomas C. Zanc Subscribed and sworn to before me this day of ( iz _ 200.0 d Notary Seal J OFFICiALSEAL J CYNTHIA NEUMANN NOTARY PUBLIC• STATE OF ILUNOYS '. THIS APPLICATION MUST BEN TW NEXPIRES[12tt4t09 Page 3 of 5 United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2125104 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 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 = $10,000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under 2 acres = $1 , 000 2 to 10 acres = $22500 over 10 acres = $52000 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 Zed and 4th 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, 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. inthe 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 of 5 United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2/25/04 Step 6 : Economic Development Committee: The Economic Development Committee meets the third Thursdayof each month at 7:00 p.m. in the City Hall Conference Room. All projects (regardless of a positive or negativeEDC recommendation) proceed to the Committee of the Whole for discussion. The Economic DevelopmentCommittee 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 monthat 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 CityCouncil. Agreeme nt: 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, nited City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 6056 Date: /9 . 200; Signature of Petition r Page 5 of 5 United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2/25104 CHILDREN OF AMERICA DAYCARE CENTER N UNITED CITY OF YORK VILLE m 0 w (\A V 20 O 20 40 80 w a �'� /y� v` ` Proposed Lot 2A A stele: zor ° = w Pragsee Sit ine between Est,and 2B A\ / VAV A A o starm0 LEGAL DESCRIPTION ea LOT 2 Inswe Ybrylleue V. A tlerpad. tl o AT OF LOT 2OPRAIRIEPOMTE SUOFSAI LLYINGS OUTHETB EINGYOFLINETNORIBEOASFOLLOFTBEGINNING \ \ \\ \ tlUmpsler pad Prop d Lo 2B EASTERLY NTORNER NORTHEASTERLY THENCE SOUTH NO EGREESOIM BEING IM SECONDS WEST,THWE51ERYl OF THE MOST QMn J omm TO V / AAV A A THE SOUTHWESTERLY SAID LOT THENCE SOUTH 59OEGR SECTION 21 AND SCTIONa, BOTHIN1OWNSHT37 NORTH, ON A A A RANGE 7 CASTO THETHIRDP PRINCIPAL MERIDIG . INTH UNITED CITY OF YOSECTIONBRISTOL OWNSHISHIP3] RDING n Y V InaMn Mnyl feMe 4^ / Vj AAVA A emy area, osetl THE OFTHECORDED NOEMBERRIDIAN. I AS DOCUMENT 20060 YOR IN KE,BRISTOLTOWNLLIN ACCORDING TO Qm$°m� play area, iNE PLATTHEREOF RECORDED NOVEMBER 30.20W A5000UMENT2GGfiO3B]fie, IN KENDALL COUNTY, ILLIN015. OQOo ALSO KNOWN AS: PROPOSED LOT 20 CRIMSON LANE YORKVIIAE.ILLINOIS. pOwm / \ v �.� / S`' a e � rcw 0 0 \ v w l i G� ' �� ,`/ S <V PROPOSED z u p til PLAY AREA 3 I F4 16-9 vi a H v1 / PROPOSED ONESTORY �' F I PDT' CHILDREN OF AMERICA m 'z-' M EM TO DAYCARE CENTER BUILDING d FIN ED FLaoR �� ^'� z 04 Mw tJ� ELEVATION=00 �y./ Fro 7 G 9 \ o A V A A } . p oula she at Mg Sign ep � LEGEND: l vas =Z0u � � 01i Ranh(See Doing on Sheet$) i A R] N�M1➢1 g \ / PROPOSED BITUMINOUS I°E 2 XIAA.UMT 1i 6] R1 P HM pPA 9M9n V -5T2 ORTA�TpH� (Bee Detail on This Sheep v / aAa �6�0 [b ' � v PROPOSED CONCRETE SID EWAlK 3I' e10w¢SVim to N J� T S e� RUN 0 \ % Amy" 0,y Y $ NOTES: LER,5 LALLPAVEMENTDIMENSIONSSHOWNAREMEASURED� 0 FROM E03EOF PAVEMENTTO E-0GEOFPAVEMENT/ UNLESS OERWISE INDICATED. R7 p3 V2. ALL PAVEMENT RADII SHOWN ARE MEASURED FROM THE EDGE OF PAVEMENTUNLESS OTHERWSE wrehYDICATED. 1'/3 ALL PROPOSED I r _ CURB. U Wl $ Y / \\ �, b cP a ° / TOTAL AREA OF LOT 2:300 ACRES(125.412 SO.FT.I 1"'1 \ x � B e 4". / ARM OF PROPOSED LOT 2B 1.34 ACRES Tj a $250 FINE U 1CuN00 1 �\ / LOT 3 BUILDING FOOTPRINT ARM � aF Fly/ a Sheet B) R'� Rf(Y STANDARD PARKING STALLS PROVIDED: 37 ^ CWOONI01 B W HANDICAPPARKINGETAUS PROVIDED 2 HANDICAP O o Sheet 8) RP4.50 TOTAL PARKING STALLS PROVIDED: 39 PARKING SIGN DETAIL o Q ✓� - (Sias Detail q� �'R / DO vNi ¢ w eRae 9 / � P �Pd e u i ,� Rr e WI0 u\ "Nnr p SVR ( 4A, p /{ le E142WHOYSUEI FI I R ee. O Ar Dhe 7 0 707 n ' 345 Sp Meerr . 820.00+ q f I \ \ \ SYMBOL H HANDICAP SYMBOL HANDICAP SPICE LAYOUT 1 \ HANDICAP PARKING SYMBOL MARKING DETAILS \ \ SHEETX `QED C1;-J- Reviewed By: Agenda Item Number J� o , 0 Legal ❑ hevJ bu$iNQ55 # esr. I � 1836 Finance F1 Engineer Engi 1:1�- - Tracking Number 4 �� y City Administrator ❑ =O Consultant ❑ EDC 2008-18 Agenda Item Summary Memo Title: Title 8, Chapter 9 City Code Amendment Request(Transition Fee Ordinance) Meeting and Date: EDC/June 5, 2008 Synopsis: Amendment to Code reflecting resolutions passed by Newark School Districts 18 and 66. Council Action Previously Taken: Date of Action: August 8, 2006 Action Taken: Amended Title 8 Chapter 9 section 8-9- 1.B. regarding the use of funds Item Number: Type of Vote Required: majority Council Action Requested: Approval of amendment to City Code Title 8 Chapter 9 Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report clA% Memorandum 0 To: EDC From: Travis Miller n+ EST. I� .., 181 CC: Lisa Pickering, Deputy Clerk (for distribution) Z — Date: May 29, 2008 Subject: EDC 2008-07 Transition Fee Ordinance – Newark #66 and #18 Request for ^ ®w� Ordinance ®<CE % Background: As you will recall from the February 2008 EDC meeting, Superintendent Pauline Berggren, Superintendent Newark High School District 18, and Superintendent John DeMay, Newark Grade School, have requested the City of Yorkville adopt a Transition Fee ordinance applicable to future residential units developed within the #18 and #66 School Districts. Title 8, Chapter 9 of the City Code (attached) includes provisions for School Transition Fees, and requires the school districts in the City to pass a resolution supporting and agreeing to uphold Chapter 9 and to hold the City harmless and defend the City for the imposition of the transition fees. Chapter 9 is applicable to all school districts which pass described resolution. Section 8-9-5 and 8-9-6 refer to District #115 and would need to be amended once Newark passed resolution. Since February: Based on the request of the EDC, Districts 18 and 66 have: - prepared reports using current demographic and economic data to determine and justify the transition fee amount – which is proposed to be $3,000.00 for each district (attached) - passed resolutions described in and required by Chapter 9 (attached) Staff recommendation: Amend Chapter 9 to include references to Districts 18 and 66. Draft amended ordinance is attached for your review and consideration. 1 CHAPTER 9 SCHOOL TRANSITION FEES 8-9-1: FEE; USE OF FUNDS; PAYMENT: A.Fee Schedule: The following fee for school transition fees, which shall provide for the current level and quality of educational service being maintained by the city and local '.. school districts, shall be incorporated into any annexation agreement, planned unit '.. development agreement, or development agreement executed with any developer/owner based upon the following fee schedule: three thousand dollars ($3,000.00) per residential dwelling unit payable prior to being issued a building '.. permit by the city for each residential unit. (Ord. 2000-11, 3-23-2000; amd. Ord. '...... 2002-04, 3-26-2002; Ord. 2003-66, 10-14-2003) B.Use Of Funds: The transition fees paid to the affected school district(s) shall be used solely in the education fund, or, in cases where a school building is specifically and uniquely attributed to the specific development or subdivision, the fees collected under this section may be used in the school district's education fund, operation and maintenance fund, or otherwise for land or site improvements including school buildings or other infrastructure. (Ord. 2006-68, 8-8-2006) C.Payment: All of said funds shall be paid by any building permit applicant to the proper school district who shall issue a receipt which must be presented at the time a building permit is issued by the city. The city reserves the right at its discretion to require any building permit applicant to pay said funds to the city treasurer who shall transfer funds within sixty (60) days of the receipt thereof to proper school district. (Ord. 2000-1 1, 3-23-2000) 8-9-2: REAL PROPERTY AFFECTED: A.Residential Dwelling Unit: Any residential dwelling unit platted after the effective date of the original ordinance assessing a school transition fee, whether single-family, duplex, or multi-family, shall be required to pay the above referenced fees set out in subsection 8-9-1A of this chapter. The imposition of said fee shall be made directly to the affected school district on any real property so annexed, or if previously annexed only within and based upon a written planned unit development agreement, development agreement or annexation agreement executed between the city and the property owner, or applicable developer. B.Residential Dwelling Defined: For purposes of this chapter, a "residential dwelling" shall be defined as each individual single-family home, each individual unit of a duplex, and each individual unit of any multi-family structure. C.Exemption: Any lot zoned for business, office, or manufacturing shall be exempt from '.. the terms of this chapter. 1 D.Prior Platted Lots:No lot platted prior to the effective date hereof shall be encumbered by the terns of this chapter unless it is the subject of a planned unit development agreement or development agreement.(Ord.2000-11,3-23-2000) 8-9-3:ANNUAL REPORT REQUIRED: The city shall require an annual report from each school district that has received transition fees as a result of this chapter. Said report shall be due on or about January I of each calendar year.(Ord.2000-11,3-23-2000) 8-9-4:PASSAGE OF RESOLUTION: A.The city shall require each school district whose boundaries currently fall within the said corporate limits with the annexation of any parcel of land to pass a resolution similar to that in exhibit A,attached to the ordinance codified herein,supporting and agreeing to uphold this chapter.Said resolution shall also agree to hold harmless and defend the city for the imposition of said transition fees on behalf of said school district. B.Failure of any school district to pass said resolution shall relieve the city of any responsibility to impose said transition fees as part of any annexation,planned unit development or development agreement located within that school district.(Ord. 2000-11,3-23-2000) 8-9-5:PROPERTY NOT SERVED BY SCHOOL DISTRICT: In the event residential real property is annexed to the city that is not to be served by the Yorkville School District 115,Newark School District 18 or Newark School District 66 then and in that event,the said transition fee shall not be required to be paid unless this chapter is amended to include said future school district.(Ord. 1993-24,8-26-1993;amd. Ord.2000-11,3-23-2000) ---------------------- Comment tTMll:This section is ----------- covered by the requbemem ofsection 8- 94 above and each district listed in 8-9-5 have passed resolution with hold harmless language and provisions to defend the City. Deleted:8-9-6:HOLD HARMLESS AND DEFEND CITY:I The Yorkville School District 115 agrees to hold harmless and defend the city for the imposition and collection of said transition fees on behalf of Yorkville School District 115.(Ord.1993-24,8-26- 1993;amd.Ord.2000-11,3-23-2000 2 EXHIBIT A SCHOOL TRANSITION FEE TABLE Data/Assumptions for School Transition Fees: A-1. Approximately 80%of new students move in the District before November 1 of the school year A-2. District cost for these students are approximately 75% of the Operating Expenditure Per Pupil B-1. Approximately 20% of the students move in the District after November 1 of the school year B-2. District cost for these students are approximately 50%of the Operating Expenditure Per Pupil C. First installment for the property tax for the portion of the year the new property is on the tax roll is collected on the June and September of the following year_ The funds collected from the new property tax are available for use during the next fiscal year, leaving the burden of the cost of new students on the school district D. Operating Expenditure Per Pupil, as per the School Report Card =$6731 E_ Every new dwelling generates approximately an average of 0.9 student Calculation of the School Transition Fees: Data/Assumptions A 80% Data/Assumptions D $ 6,731 Data/Assum tlons A-2 75% Data/Assumptions E 0.90 Cast $ 3,635 Data/Assumptions B 20% Data/Assumptions D $ 6,731 jDatalAssumptions B-2 50% Data/Assumptions E 0.90 Cost $ 606 Average District Cost/Impact from a new Dwelling $ 4,241 Proposed Transition Fee: $ 3,000 Newark Comm. Coate ,school Diwtrict # 66 Newark Grade School Millbrook Jr. High 503 Chicago Road 8411 Fox River Drive, P.O. Box 214 Newark, Illinois 60541 Millbrook, Illinois 60536 Phone 815-695-5143 Phone 630-553-5435 Fax 815-695-5776 Fax 630-553- 1027 John DeMay, Superintendent May 29, 2008 City of Yorkville Travis Miller Game Farm Road Yorkville, IL 60560 Dear Travis, Please find attached our examples to help support the request for transition fees. Our example shows how new home construction affects our District financially. The City of Yorkville has an agreement with Yorkville CUSD #115 for a $3000.00 transition fee. We are requesting the same consideration. Please call if you have any questions at 815-695-5143. Thank you, John DeMay Superintendent Newark Comm . Cons. Grade School Dist. #66 Newark Community Consolidated Grade School District #66 SCHOOL TRANSITION FEE Assumptions for School Transition Fees: Assumption A: 1 ) Approximately 80% of new students move in the District before November 1 of the school year. 2) District cost for these students are approximately 100% of the Operating Expenditure per Pupil. Assumption B: 1) Approximately 20% of the students move in the District after November 1 of the school year. 2) District cost for these students are approximately $37.62 per day. ($6545 divided by 174 student attendance days equals $37.62 per day. Of this amount, approximately $23.74 of the money is generated from local property tax as reported in the 2007 Illinois District Report Card for Newark CCSD 66 found on page 3. The data used is based on 2005-2006 Operating Expenditure per Pupil. Data/Calculation of the School Transition Fee: A) Annual Operating Expenditure per Pupil, as per the 2007 Illinois District Report Card = $6545. The data used in the Report Card is based on 2005-2006 Operating Expenditure per Pupil. B) Daily Operating Expenditure per Pupil: $6545 divided by 174 student attendance days equals $37.62 cost per day. Approximately 63. 1 % or $23.74 is generated from local property taxes as reported in the 2007 Illinois District Report Card for Newark CCSD 66. The data used in the Report Card is from the 2005-2006, Operating Expenditure per Pupil. C) Every new dwelling generates approximately an average of .957 students. (Source: 1996 Illinois School Consulting Service, Naperville, IL) D) Proposed Transition Fee: $3000.00 Example: A) January 1 , 2007: Vacant property is assessed for property value only. B) May 2007: Home construction begins. C) August 2007: Home construction is completed and student starts school. D) January 1 , 2008: Home is assessed by County at 100% completed value for 2008, taxes to be collected in 2009. Student has been in school 6 months. E) December 2008: District tax levy approved and filed with County. Student has attended school for 15 months - still no tax money collected on home. F) May 2009: Property tax bills are mailed by the County. G) June 2009: First Installment due and school receives first distribution of tax money. Student has been in school for 20 months. H) Based on the District's $37.62 daily cost per student, the District would have educated the student with no revenues for a total of $14,594.80. 1) The District's figures can be used to calculate the cost to educate a student by multiplying the number of days in school by the daily cost per student. Until taxes are levied and collected, the District is educating the student with no revenue. A RESOLUTION OF THE BOARD OF EDUCATION OF THE NEWARK COMMUNITY HIGH SCHOOL DISTRICT NUMBER 18 TO COLLECT AND DISTRIBUTE TRANSITION FEES AND TO APPROVE THE ORDINANCE OF THE UNITED CITY OF YORKVILLE ADOPTED FOR THE BENEFIT OF LOCAL SCHOOL DISTRICTS WHEREAS, the United City of Yorkville ("City") has enacted an Ordinance amending its School Transition Fee Ordinance ("Ordinance"); and WHEREAS, the Ordinance was enacted to help offset the impact of new development on local school districts for current educational funds expense; and WHEREAS, said school districts are affected by student enrollment generated from said residential developments; and WHEREAS, it is in the best interest of the Newark Community High School District Number 18 ("School District") to accept the City's Ordinance, being Ordinance Number 2000-11 , as contained in Section 8-9-1 et seq. of the Yorkville City Code, and to abide by its terms. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF NEWARK COMMUNITY HIGH SCHOOL DISTRICT NUMBER 18 AS FOLLOWS: Section 1 . Recitals Incorporated. The above recitals are incorporated herein by reference as though fully set forth. Section 2. Acceptance of Ordinance. The School District hereby accepts and ratifies the City's Ordinance Amending the Standards and Regulations for Payment of School Transition Fees upon Annexation and/or Execution of a Planned Unit Development or Development Agreement as to Real Property with the United City of Yorkville, being Ordinance Number 2000-11 , as contained in Section 8-9- 1 et seq. of the Yorkville City Code. Section 3 . Collection of Monies. The School District shall collect said monies pursuant to the Ordinance and issue receipts to those Builders, Property Owners, or Developers paying the fees . Section 3. Distribution of Funds. The School District shall be responsible to collect and distribute the funds pursuant to the Ordinance. Section 4. Release, The School District shall and does release the City from any responsibility to defend any legal action or claim brought against the City and agrees to hold the City harmless and defend the City for imposition of the Transition Fees on behalf of the School District on any fees collected after the date of enactment of this Resolution . 1 Section 5. Effective Date. This Resotution shall take effect from and after its adoption and approval. PASSED this .27th , day of March 2008 , AYES: Marcley , Akre , Verda , Sleezer , Johnson NAYES: None ABSENT: Hagen , Thanepohn APPROVED this 27th . _ day of March 2008. YMAP YA11 E war Sleezer, P sident oard of Education ATTEST Beth Thanepohn, Secretary, Board of Education I 2 District 18 c s - m v v N EXHIBIT A SCHOOL TRANSITION FEE TABLE Newark Community High School District#18 c Assumptions for School Transition Fees - Assumption A: 1) Approximately 33.33%of new student moved into the District before November 1 of the school year. (Based on the 2005-7006 End of the Year Report) 2) District costs for these students are approximately 100%of the Operating Expenditure per Pupil. Assumption B: 1) Approximately 66.66%of the students moved into the District after November 1 of the school year. Based on ttte 2005-2006 End of the Year Report) 2) District costs for these students are approximately$75.06 per day($13,060 divided by 174 student attendance days equals $75.06 per day.) Of this amount$60.05 of the money is generated from local property tax as reported in the 2007 Illinois District Report Card for Newark High School District 18 found on page 3. The data used is based on the 2005-2006 Operating Expenditure per Pupil. Data A) Annual Operating Expenditure per Pupil,as per the 2007 Illinois District Report Card=$13,060. The data used in the Report Card is based on the 2005-2006 Operating Expenditure per Pupil- B) Daily Operating Expenditure per Pupil$13,060 divided by 174 student attendance days equals$75.06 cost per day. N Approximately 80%or$60.05 is generated from local property taxes as reported in the 2007 Illinois District Report Card for Newark Community High School District 18 found on page 3. The data used in the Report Card is based on 2005-2006 Operating Expenditure per Pupil. o U C) Every new dwelling generates approximately an average of.957 students. (Source 1996 Illinois School Consulting ti Service,Naperville,IL) m N ' w District 18 m ti EXHIBIT A SCHOOL TRANSITION FEE TABLE i e`1 Data/Assumptions for School Transition Fees: c A-1. Approximately 33.33%of new students move in the District before November I of the school year A-2. District cost for these students am approximately 100%of the Operating Expenditure Per Pupil . B-1. Appmximately 66.66%of the students move in the District alter November l of the school year B-2. District cost for dim students are approximately 75%of the Operating Expenditure Per Pupil C. First insWlmenl for the property tax for the portion of the year the new property is on the tax roll is collected on the June and September of the following year. The funds from the new property tax may be collected between June and September for use during the next fiscal year,leaving the burden of the cost ofnew students on the school district D. Operating Expenditure Per Pupil,as per the School Report Card=$13,060 E. Every new dwelling generates approximately an average of.957 per student Calculation of the School Transition Fees: Data/Assumptions A 33.33% Data/Assumptions D 13,060 Data/Assumptions A-2 100% Data/Assumptions E 0.957 Cost 4165.73 Data/Assumptions B 66.66% Data/Assumptions D 13,060 Data/Assumptions S-2 75% Data/Assumption E 0.957 Cost 6242.96 Average District Cost/Impact from a new Dwelling 10408.69 Proposed Transition Fee: c 4 5 a m a 3 c v N N C O 2 4 A RESOLUTION OF THE BOARD OF EDUCATION OF THE NEWARK COMMUNITY CONSOLIDATED SCHOOL DISTRICT NUMBER 66 TO COLLECT AND DISTRIBUTE TRANSITION FEES AND TO APPROVE THE ORDINANCE OF THE UNITED CITY OF YORKVILLE ADOPTED FOR THE BENEFIT OF LOCAL SCHOOL DISTRICTS WHEREAS, the United City of Yorkville ("City") has enacted an Ordinance amending its School Transition Fee Ordinance ("Ordinance"); and WHEREAS, the Ordinance was enacted to help offset the impact of new development on local school districts for current educational funds expense; and WHEREAS, said school districts are affected by student enrollment generated from said residential developments,; and WHEREAS, it is in the best interest of the Newark Community Consolidated School District Number 66 ("School District") to accept the City's Ordinance, being Ordinance Number 2000-111 as contained in Section 8-9-1 et seq. of the Yorkville City Code, and to abide by its terms. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF NEWARK COMMUNITY CONSOLIDATED SCHOOL DISTRICT NUMBER 66 AS FOLLOWS: Section i . Recitals Incorporated. The above recitals are incorporated herein by reference as though fully set forth. Section 2. Acceptance of Ordinance. The School District hereby accepts and ratifies the City's Ordinance Amending the Standards and Regulations for Payment of School Transition Fees upon Annexation and/or Execution of a Planned Unit Development or Development Agreement as to Real Property with the United City of Yorkville, being Ordinance Number 2000-11 , as contained in Section 8-9-1 et seq. of the Yorkville City Code, Section 3. Collection of Monies. The School District shall collect said monies pursuant to the Ordinance and issue receipts to those Builders, Property Owners, or Developers paying the fees. Section 3. Distribution of Funds. The School District shalt be responsible to coltect and distribute the funds pursuant to the Ordinance. Section 4. Release. The School District shall and does release the City from any responsibility to defend any legal action or claim brought against the City and agrees to hold the City harmless and defend the City for imposition of the Transition Fees on behalf of the School District on any fees collected after the date of enactment of this Resolution. i Section 5. Effective Date, This Resolution shall take effect from and after its adoption and approval. PASSED this 4;?/ day of 2008. AYES: NAYES: t� ABSENT: APPROVED this day of 12008. President, Board of Ed cation ATTEST ecr t`ary, Board of Education U 2 BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning April 2008 .... ....... .......... ............... Types of Permits .... 2-Family Commercial ........ Number of Permits Issued SFD Maginot"2005, Multiple-Family Industrial Miscellaneous- Total Construction Cost April 2008 128 22 0 0 2 0 104 $6,371,295.00 Calendar Year 2008 284 45 2 0 17 0 220 $16,633,917.00 Fiscal Year 2007 1175 300 10 6 66 0 793 $102,005,006.00 ............ ... ........ ...... .......... ............ .................... ... .................... . April 2007 126 43 0 0 3 0 80 $12,014,120.00 Calendar Year 2007 364 146 4 0 17 0 197 $55,555,795.00 Fiscal Year 2006 1395 578 42 7 43 0 725 $164,192,342.00 ....................... ................. ....... ................ ........................ ........ ........ ....................................—...... ... ...... .... ...... ...... ...................... ............................. .......................... ................. ...-1. .... ...p.......... April 2006 165 100 2 0 2 0 61 $17,046,556.00 Calendar Year 2006 540 321 20 3 14 0 182 $61,070,033.00 Fiscal Year 2005 1571 767 26 9 36 0 733 $158,515,422.00 .............. ................... ...... April 2005 105 30 0 0 6 0 69 $8,701,245.00 Calendar Year 2005 1 317 126 5 0 16 0 165 $33,701,456.00 Fiscal Year 2004 1089 464 5 0 34 1 580 $113,914,016.00 April 2004 112 54 0 0 0 0 58 $8,265,961.00 Calendar Year 2004 2 272 132 3 0 3 0 133 $25,025,595.00 Fiscal Year 2003 951 1 396 15 7 29 0 503 $93,574,922.00 Permit N..ba,Y-05-0022 was voided,thus only 317 of 318 amignedpermit numbers were actually used 7_, Permit Number Y-04-097 and Y-04-098 were issued for each side of a duplex,only I structure was bulk rr, (2 *Miscellaneous includes additions,remodelling,garages,sheds,swimming pools,decks,fire alarmsprinklorpian reviews,municipal projects,etc. 513 U Report prepared by: Barbara J.Dettmer,MCP,Department ol'Building Safety and Zoning :z- �13 �f witswc�s "3 E1�C d� -aO C/p, ,2` v o� Memorandum To: EDC/City Council EST 1 t 1836 From: Travis Miller, Community Development Director -- CC: Brendan McLaughlin, City Administrator �w p Lisa Pickering,Deputy Clerk CE` Date: May 15,2008 Subject: Plan Commission Actions May 14,2008 February 13,2008 Plan Commission Minutes—approved as presented March 12,2008 Plan Commission Minutes—approved as presented PC 2008-05 Cross Evangelical Lutheran Church—Annexation and Special Use Request - This request was withdrawn at the request of the petitioner. The petition will return to the June agenda with a request for rezoning to PUD and approval of a Concept PUD Plan. PC 2008-10 Titanium Investment Properties—Special Use Request - Motion to recommend approval of a special use for a daycare on proposed Lot 2B Prairie Pointe Subdivision 6 ayes; 0 no PC 2008-08 DTD Investments,LLC—PUD Agreement Amendment Request - Motion to recommend approval of the amendment as proposed to the Fountainview Annexation Agreement allowing for a reduced side yard setback for Lot 3 6 ayes; 0 no PC 2008-03 Text Amendment to Chapter 14 Section 10-14.7 (B) 2.of the Yorkville Zoning Ordinance:Application procedures/requirements - Motion to recommend approval of the text amendment as presented with the following modifications: o Describe the method of determining affected properties by clearly stating how the measurement from the subject property is taken using the boundary of the subject property as the starting point; and o Use 500 feet as the dimension to measure when determining affected properties. 6 ayes; 0 no PC 2008-09 Elefterios Saravanos—Preliminary and Final Plat of Subdivision Request - Motion to recommend approval of the Preliminary Plan as proposed subject to addressing staff comments 6 ayes; 0 no - Motion to recommend approval of the Final Plat as proposed subject to addressing staff comments 6 ayes; 0 no PC 2008-07 Richard Marker Associates, Inc. — 1 .5 Mile Review of Rezoning Request (Kendall County A-1 to Kendall County B-3) Motion to recommend Kendall County consider the following based on the close proximity of this property to the City limits and being located within a `Gateway Corridor' as defined by the City's Comprehensive Plan: • Apply City B-3 zoning standards to the property which define drive through businesses, financial institutions, taverns, liquor stores, gasoline service stations and boat rental/storage as special uses; • Require the City Appearance Code requirements be followed for any building/structural improvements made on the property; • Require the owner/developer to establish a landscape buffer, a minimum of 25 feet in width, along Illinois State Route 47 outside of the proposed Right-of- Way expansion line of the Illinois Department of Transportation. • Require the owner/developer to incorporate and apply all ` Site Planning Principles' as defined by the CITY'S "Comprehensive Land Use Plan Update Southern Study Area" Design Guidelines to any site improvements; • Require the owner/developer to relocate the existing overhead utility lines along the Illinois State Route 47 frontage of the property prior to issuance of any building permit for the property; • Require the owner/developer to construct a trail along the Route 47 frontage as part of any property improvements; • Require cross-access easements be established on the property allowing access to/from the surrounding properties; • Require a 40' %2 right-of-way dedication along Ament; • Establish a 50' building setback line measured from the new Ament Road right-of-way. 6 ayes; 0 no 2`�ED C/r` Reviewed By: Agenda Item Number O tI Legal El MEIAIl1G5S �L 1836 Engineer ❑ Engineer ❑ � 9 I� y City Administrator F1 Tracking Number Consultant ❑❑ PC 2008-14 <CE Agenda Item Summary Memo Title: O'Keefe Annexation Agreement Amendment(Raging Waves Signage) Meeting and Date: EDC/June 5, 2008 Synopsis: Request to amend the Annexation Agreement to allow for a larger(150 square foot area/25 feet high)permanent sign on Lot 3 and remove allowances for additional permanent signs on the remaining 3 lots of the subdivision. Council Action Previously Taken: Date of Action: September 26, 2006 Action Taken: Annexation Agreement Approval November 28, 2006 Unit 1 Final Plat Approval Item Number: Type of Vote Required: majority Council Action Requested: Approval of Annexation Agreement Amendment Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report ir,° C'r o Memorandum J e ^ To: EDC EST. , �.� 1836 From: Travis Miller CC: Lisa Pickering(for distribution) 0 ��i ;i m Date: May 28,2008 9 \20 Subject: PC2008-014 O'Keefe Annexation Agreement Amendment (Raging Waves Signage) The Raging Waves developer(Scott Melby,Lundmark Group) contacted staff in March 2008 with a proposal for a permanent sign(prepared by Mindwave Marketing and Advertising) larger in size than the sign code currently allows. The current City Sign Code(Municipal Building Code Title 8 Chapter 11) allows for one sign per street frontage with a maximum sign area of 100 square feet and a maximum sign height of 20 feet(for pole signs). The proposed sign does exceed the maximum area by 50 square feet and the maximum height by 5 feet. The O'Keefe Annexation Agreement Section 4(as approved by Ordinance 2006-101)requires the Sign Code be adhered to with an additional provision that allows for each of the four lots within the O'Keefe subdivision to have"one illuminated permanent sign up to one hundred(100) square feet in area on each lot advertising the water park facility". Raging Waves is proposing to eliminate one of the signs (two are allowable)on Lot 3 and all of the signs(3 total) allowable on the other lots,in exchange for one sign(at main entrance)to be 25 feet tall and 150 square feet in area. Although the size increase could be requested as a variance,the elimination of the other signs would be more difficult to incorporate into a variance request. Therefore, staff recommended the request be in the form of an amendment to the Annexation Agreement for City Council consideration with ZBA review and recommendation. ZBA is scheduled to review the proposed amendment June 4, 2008. Staff will report their recommendation to the EDC at the June 5th meeting. A revision to Section 4 of the O'Keefe Annexation Agreement based on the request is attached to this report for your consideration along with the sign detail proposed by Raging Waves. Excepted from: ANNEXATION AGREEMENT (O'Keefe Subdivision) Record Number 200600036302 4. MODIFICATIONS OF LOCAL CODES The specific modifications and deviations from the CITY'S ordinances, rules, and codes contained herein have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY. ("Permitted Modifications"). (A) If OWNER and DEVELOPER choose to provide temporary on-site storm water management then OWNER and DEVELOPER shall be granted approval by the CITY to utilize a maximum of six (6) feet of bounce in any storm water management areas located upon the SUBJECT PROPERTY. T/O\° In .,dd tie to the signs '] allowed tinder the CITY ening OFdi...anee eewmaer-eial areas 1 d on 1. SUBJECT PROPERTY. (B) In addition to the signs allowed under the City Municipal Code and unless otherwise set forth herein, the OWNER and DEVELOPER shall, in lieu of two (2) signs on Lot 3, be allowed only one (1) illuminated permanent sign up to one hundred fifty (150) square feet in area and up to twenty five (25) feet in height, on Lot 3 for the water park facility. (C) The CITY shall allow the DEVELOPER to construct the water slides to a maximum height of one-hundred(100) feet on lot#3 which lot is depicted in Exhibit"C". (D) Upon the opening of the water park facility DEVELOPER shall be allowed to provide over-flow parking for the water park facility on lot 2 and a portion of lot 3 if the need arises, and CITY also agrees to allow DEVELOPER to utilize lots 2& 3 as grass parking lots until the water park facility has been operational for two (2) operating seasons, at which the time CITY will evaluate the need for additional paved areas to provide additional parking. The CITY shall base it's determination of the need for additional paved areas upon Lots 2 & 3 through an analysis of the daily attendance at the water park facility and utilization of the grass parking lots during the preceding two year period. Grass parking lots shall be designed, subject to CITY approval, to adequately drain and include a minimum 2% grade,no more that 6 inches of topsoil, and include established turf prior to any parking activity. Parking activities on said grass lots Excepted from ANNEXATION AGREEMENT (O'Keefe Subdivision) Record Number 200600036302 areas shall be managed by the DEVELOPER to ensure general public safety and include proper aisle spacing between vehicles to enable emergency access. (E) Upon satisfaction of all other CITY ordinances the CITY shall grant occupancy and operation permits of the water park facility once temporary intersection improvements are operational, and upon Illinois Department of Transportation approval. (F) If the Raymond Regional Storm-Water Facility (hereinafter referred to as "Raymond Facility") is not operational at the time of completion of the water park facility the CITY shall allow DEVELOPER to utilize interim storm water management areas upon lots 2 & 3 at a location and in a manner as approved by the CITY engineer. If the DEVELOPER utilizes interim storm water management upon lots 2 & 3 then DEVELOPER shall not be required to buy into the Raymond Facility until they utilize said facility. In the event that Lots 2 & 3 are utilized for interim storm water management purposes, then the Developer shall not be permitted to utilize said interim detention areas for overflow parking until said lots are no longer used for storm water management. (G) The Park Department has requested that the OWNER construct a ten (10) foot wide asphalt path on the south side of Galena Road. Therefore, the CITY agrees to allow OWNER to construct said ten ( 10) foot wide path on the south side of Galena Road in lieu of a sidewalk at the time that particular phase or unit of the SUBJECT PROPERTY is developed. (H) To provide for a unique and aesthetically pleasing development CITY agrees to collaborate with DEVELOPER to explore alternatives to providing landscaped islands within the parking lots of Lots 2 & 3 . It is understood between the Parties that the DEVLOPER shall be obligated to provide the same quantity of landscape plantings under current CITY ordinance, however the CITY shall consider alternative locations for said parking lot island landscaping which will benefit both the SUBJECT PROPERTY as well as surrounding properties. a ' dtl 71`1 Tl] t � A r Light Box - - r r Ir � "mss f, a1 IN /. WAVE , w ,11 k R 11 Akh MAIN FN 111 r tirt N 12 FT. A f • - G 12FT wAt a 25 FT 12 FT. LIGHT BOX 3 FT. 13 FT. C llent:Raging Waves Watir,,T Agency Contact:Gil Chavez M I N O W A V G— Created:3/11/2000 .•x I Inn nu.on 1.11— Updated:3/11/2000 1114.BROADWAY SUITE 201 AUPOHA it 6n505 ; TEL 61n..11.san. OCoppgh1200)gEr"ava.Al snalo0ipard cleellvedevelopnenl in Nis pseeenle0on H 0e intelad s l properly el Mirthiere Design Inc.Central shall nol Ee manlpaiBled m dEplrOdadwihout MnMnNVBrBE expossed mdllan cananl. D 01 United United City of Yorkville 800 Game Fann Road —W " Yorkville, Illinois 60560 $ _ q Telephone: 630-553-4350 Fax: . 630-553-7575 p 2008 - 14 PC # APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: Raging Waves Date of Submission: O' Kee'fe Subdivision 1 . Name of Petitioner(s); Raging Waves , LLC Series "A" > a Delaware Series Limited Liability Co . Address: 4000 Bridge Street , Yorkville , IL Phony Number: 630-513-870D Fax Number: 630-513-8799 EmallAddress: Rate @hmcpc . com Relationship of Penoner(s) to subject property: 19 Owner 0 Developer g Contract Purchaser (Lots 1 & 2 of O 'Keefe Subdivision) 2. Name of holder of legal title, if different from #1 : If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: a/s, 4000 Bridge Street , 3. a). Street address and physical location of subject property: Yorkville, 111inois b). Legal description of property: attach as Exhibit "A°. c). Total Acreage: 38 = 5} (of total 140 , 95 acres annexed) d). Kendall County Parcel Number(s) of property. 02-09-100-003 e). Current Zoning Classification: B-3 f). Zoning Classification Requested if changing zoning: no zoning change requested - text amendment only regarding signage - 4. Names and addresses of any adjoining or contiguous.landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit 'B°_) to follow under separate cover Page 7 of United City ofYorkvdlle AtnmdAnn=ton/fW Application Aetdsed: ) 128;06 5. Date of Annexation or PUD Agreement sought to be amended: September 26 , 2006 NameofAgreement Annexation Agreement - O' Keefe Subdivision Date of Recording: 11-07-2006 as Document 11200600036302 Attach a true and correct copy of agreement as Exhibit "C". 6. State the items to be amended from the existing annexation or PUD agreement. Para ra b 4B 7. Contact Information: Name, address, phone number, fax number, and email address of person to whom Inquiries regarding this petition may be directed: Attorney: Name: Rate L . McCracken Address: 1001 East Main St Suite G St . Charles , IL 60174 Phone Number: 630-513-8700 Fax Number. 630-513-8799 Email Address: kate@hmenc com Engineer. Name: Craig R. Knoche 8 Associates Address, 24 N. Bennett , Geneva , IL 60134 Phone Number; 630-845-1270 Fax Number. 630-845-1275 Email Address: Land Planner: Name: n/a Address: Phone Number. Fax Number. Email Address: 8. 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 "Pebtloner Route, Step 1 , Fees and/or contact the Deputy Clerk for verification of this amount). a Site Plan (if necessary): 40 sets folded to fit in a 1 ou x 13" envelope d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits] and site plan. Page 2 of United City ofYulMlle AtnendAnnoeation(PUD Application Revised: 11206 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: 5-9-08 Petifioner(s) Signature: (All legal property owners of record signatures must appear on this application.) *Raging Waves , LLG Series A (see below) '.. *Betty O ' Keefe Family Limited Partnership , an Illinois Limited Partnership (see below) bsodbai =d,swocaSeheferp me this 4& - day of 200g_. °DFFICIAL SEAL" Dawn L Jones . -MSC public, ! State.pirres 0linoB'W 1 . THIS APPLICATION MUST BE NOTARIZEL11 . Raging Waves , LLC Series A A Delaware Limited Liability Company. '... By The Lundmark Group LLC an Illino ' imi e ' bility Company By: Its M pager Betty 0'. eefe Family Limited Partnership An Illinois Limited Partnership By : 0 '' eefe o eeties , LLC General Partner By : - 6Eatty 'KeeEe, As ' t Page 3of4 United City ofYo*vil1e AmendAnn=t!=1F DApplication Revised: I111V06 AMENDMENTTO ANNEXATION OR PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT 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: 1 . a. Annexation/PUD Amendment - $500 b. 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/Developecnot 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: City Council: 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 Amendment to Annexaton/PUD Agreement. For • public hearing, the petitioner shall complete and submit to the Clerk's office an application with • legal description 45 days prior to the public hearing at the Plan Commission meeting. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Before this amendment can move forward to Committee of the Whole, a "draft' Amendment to Annexation or PUD Agreement must be written. Step 3: Committee of the Whole: The 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 and for review of the draft amended.agreement Step 4: City Council for vote on the amended agreement Any amendment to an 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 Dep Clerk, United City of Yorkville, 800 Game Farm Road,Yorkville, Illinois 60560: - - —` - gnature Petitioner Page et ofet Unitrd City ofYaWille AmendAnneyAtton/PUD Arvlicadm Revised: 1129106 4. (B) In addition to the signs allowed under the City Municipal Code and unless otherwise set forth herein, the OWNER and DEVELOPER shall, in lieu of two (2) signs on Lot 3, be allowed only one (1) illuminated permanent sign up to one hundred fifty (150) square feet in area and up to twenty five (25) feet in height, on Lot 3 for the water park facility. That part of the west half of Section 9, Township 3 7 north, Range 7 east of the Third Principal Meridian described as follows: commencing at the southeast confer of the northwest quarter of said Section; thence west along the south line of said northwest quarter, 14.28 chains for a point of beginning; thence N1405073, 30.14 chains to the center line of Galena Road; thence northwesterly along the center line of said Galena Road to the west fine of said Section, thence south along said west line to the Southwest comer of the northwest quarter of the southwest quarter of said Section; thence east along the south line of said northwest quarter of the southwest quarter, 19.75 chains to a point 1 rod west of the southeast corner of said quarter quarter; thence northeasterly to the point of beginning (except that part lying westerly of the center line of Illinois Route 47) in the Township of Bristol, Kendall County, Illinois. That part of the west Half of Section 9, Township 37 north, Range 7 east of the Third principal Meridian described as follows: commencing at the southeast comer of the northwest quarter of said Section; thence west along the south line of said northwest quarter, 14.28 chains for a point of beginning; thence S 15°34'22"W along the east line of lands described in Document 2005035985, 716.99 feet; thence S87 056'46"W, 1452.82 feet to the east line of Illinois Route 47; thence N 1°0654"W along said east line of Route 47; 100.38 feet; thence N0 019'02"E along said east line of Route 47, 200.05 feet; thence N1 006'54"W along said east line of Route 47, 373.63 feet; thence N87 056'46"E, 213.36 feet thence northeasterly along a circular curve having a radius of 3 15.00 feet concave to the northwest, the chord of which bears N61 001'02"E, 296.10 feet; thence northeasterly along a circular curve having a radius of 385.00 feet concave to the southeast, the chord of which bears N55°35'01"E, 288.88 feet; thence N POT45"E, 476.89 feet; thence easterly along a circular curve having a radius of 315.00 feet concave to the north, the chord of which bears N70°39'36"E, 70.58 feet to a point on a line 500 feet westerly of and parallel with said east line of lands described in Document 2005035985; thence N13°37'14"E along said parallel line, 828. 19 feet; thence S76 02T46"E, 500.00 to said east line of lands described in Document 2005035985; thence S13°37' 14"W along said east line of lands described in Document 2005035985, 1084.23 feet to the point of beginning in the Township of Bristol, Kendall County, Illinois. Excepting therefrom: That part of the west half of Section 9, Township 37 north, Range 7 east of the Third principal Meridian described as follows: commencing at the southeast corner of the northwest quarter of said Section.; thence west along the south line of said northwest quarter, 14.28 chains to the east line of lands described in Document 2005035985; thence N13°37'14"E along said east life, 1084.23 feet; thence N76 02246"W, 500.00 feet; thence 813 037'14"W, 828.19 feet; thence westerly along a circular curve having a radius of 315.00 feet concave to the north, the chord of which bears 870°39'36"W, 70.58 feet; thence S7704'45"W, '476.89 feet; thence southwesterly along a circular curve having a radius of 385.00 feet concave to the southeast, the chord of which bears S55°35'01"W3 288.88 feet; thence southwesterly along a circular curve having a radius of 315.00 feet concave to the northwest, the-chord of which bears S61 001'02"W, 296.10 feet thence S87056'46"W, 213.36 feet to the east line of Illinois Route 47 for a point of beginning; thence N1 006'54"W along said east line of Route 47, 50-01 feet thence N87 05646"E, 55.01 feet; thence S45 036'04"E, 70.14 feet; thence S87 056'46 W, 105.01 feet to the point of beginning in the Township of Bristol, Kendall County, Illincia. e,<r,D C/pJ� Reviewed By: Agenda Item Number ? O t o � %% Legal b6 1)1, 6 F F-1 EST. ; 836 Finance - Engineer ■ Tracking Number O s y City Administrator ❑ a� 0 Consultant ❑ Agenda Item Summary Memo Title: Pulte(Autumn Creek Subdivision)Water Main and Sanitary Sewer Recapture Agreements Meeting and Date: EDC/June 5, 2008 Synopsis: Council Action Previously Taken: Date of Action: April 12, 2005 Action Taken: Annexation Agreement Approval Item Number: Type of Vote Required: majority Council Action Requested: Approval of Water Main and Sanitary Sewer Recapture Agreements Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report �N T CJ Memorandum tl To: EDC EST. 'h _ 1836 From: Travis Miller I CC: Lisa Pickering (for distribution) � Ila Date: May 29, 2008 ' Subject: Autumn Creek Subdivision — Water Main and Sanitary Sewer �4E ®Vy Reeanture/Recovery Agreements The Pulte (Autumn Creek) Annexation Agreement Section 18 states: • Any public improvements installed by Pulte benefiting another property, even if not oversized, is eligible for recapture. Water Main Recapture Agreement - This water main recapture request is for expenses for an off-site water main installed by Pulte across the Grande Reserve subdivision - The request is for payment from the City in the form of water connection fee credits to recover an expense of $ 192,643 .70. - The water connection fees established in the Pulte Annexation Agreement (Exhibit G) are as follows: • Water connection fees: • SF = $2,660 • attached TH $25280 • SF left to build (as of 4/08) = 272 (272*2,660 = $723,520) • TH left to build (as of 4/08) = 170 (170*2,280 = $387,600) - Recovery agreement as proposed by Pulte suggests 50% credit of Pulte water connection fees (SF $ 1 ,330 and TH $ 1 ,140). - MPI's consent to this recapture agreement is necessary to reflect MPI acknowledgement of 50% of these fees going to Pulte until the $ 192,643 .70 amount is paid. Fees collected beyond that would go to MPI until their costs for water infrastructure is paid (as obligated to in the Grande Reserve Annexation Agreement). The MPI Recovery/Recapture agreement is currently being negotiated/drafted. - Pulte requested to remove the 20 year term — staff doesn't recommend — this is in the draft agreement (exhibit K) of the Autumn Creek annexation agreement and typical language in most recapture agreements. Sewer Recapture/Recovery - The Sanitary Sewer Recapture request is for on-site improvements that benefit other properties. - The credit for 190 permits covers the obligation (section 18) to fund the portion of the sewer constructed on the Harriman property; - The `county residential' consists of 53 lots within an existing unincorporated subdivision — The intention is not to force these properties to pay recapture unless they choose to connect (or are required by the County health department in the event of a septic system failure) Autumn Creek Pulte Home Corporation Grande Reserve Water Main Recovery RECOVERY AGREEMENT THIS RECOVERY AGREEMENT ("Agreement"), is made and entered as of the day of , 200_, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("CITY") and Pulte Home Corporation ("PULTE"). RECITALS: A. PULTE is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as Autumn Creek. B. PULTE and the CITY have entered into that certain Annexation Agreement dated April 12, 2005 ("Autumn Creek Annexation Agreement') pertaining to the annexation and development of the Autumn Creek Subdivision within the CITY. C. Aforementioned Annexation Agreement allows for PULTE to be recovered for public improvements benefiting another property and deemed eligible. D. PULTE constructed a certain off-site water main upon the Grande Reserve Subdivision at a cost of $ 192,643 .70. E. PULTE desires to recover the costs of constructing aforementioned water main which provides benefit to other properties. F. PULTE and the CITY recognize that the Autumn Creek Subdivision is also subject to a water recapture to the benefit of MPI, Developer of Grande Reserve ("MPI Recapture") G. PULTE and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recovery by PULTE of the costs of the aforementioned water main in coordination with the MPI Recapture, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1 . RECOVERABLE ITEMS and COSTS. The Recovery Items, being elements of the public improvements have been constructed off-site, by PULTE as a part of the development of the Autumn Creek Subdivision and include engineering, crop damage expenses, silt fence, and construction costs for a segment of the Grande Reserve water main. The Recovery Schedule and Costs are as follows: Work Item Pulte Costs En ineerin $4,625.00 Cro s $1 ,425.00 Silt Fence $4,025.00 Construction $182,568.70 Total 1 $1922643.70 2. PAYMENT OF RECOVERY COSTS. The CITY shall credit to PULTE, or such other person or entity as PULTE may direct by written notice to the CITY, as follows: PULTE will receive 50% credit reduction for Water Connection Fees, due and payable to PULTE at time of building permit payment for units in Autumn Creek subdivision. The 50% credit will be in the amount of $ 1 ,330 for single family detached units and $ 1 , 140 for attached units. Accumulation of credits will commence at the date of this Agreement and continue until Pulte is credited a total amount of 192,642.70 or the term as described by Section 5 of this Agreement requires. It is understood and agreed that the CITY's obligation to reimburse PULTE shall be limited to funds collected from the building permit payments as provided herein, and credits made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 3. CITY'S OBLIGATION. Neither the CITY nor any of its officials shall be liable in any manner for the failure to make such credits, and PULTE agrees to hold the CITY, its officers, employees and agents, harmless from the failure to credit said fees. 4. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances, resolutions, motions and policies. 5. TERM. This Agreement shall remain in full force and effect for a term for the earlier of payment of credits as itemized in paragraph 1 of this Agreement or for a term of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. 7. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded with the Kendall County Recorder's office. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, 11 60560 Fax: (630) 553-7575 with a copy attention to Kathleen Field Orr, City Attorney 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 If to PULTE: Jason Polakow Pulte Home Corporation 1901 N. Roselle Road, Suite 1000 Schaumburg, Illinois 60195 Fax: (847) 230-5434 F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County 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 WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. Pulte Home Corporation: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By Mayor Title: President Attest: Dated: CITY Clerk EXHIBITS: A Benefited Area/Owners B MPI Letter of Consent Autumn Creek Sanitary Sewer Interceptor Improvement RECAPTURE/RECOVERY AGREEMENT THIS RECAPTURE/RECOVERY AGREEMENT ("Agreement"), is made and entered as of the day of , 200_, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("CITY") and Pulte Home Corporation ("DEVELOPER"). RECITALS: A. Pulte Home Corporation is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as Autumn Creek Subdivision. B. The DEVELOPER and the CITY have heretofore entered into that certain Annexation Agreement dated April 12, 2005 ("Autumn Creek Annexation Agreement') pertaining to the annexation and development of the Autumn Creek Subdivision within the CITY. C. The DEVELOPER desires to recapture an allocable share of the costs of constructing a certain part of the public improvements for the Subdivision ("Recapture Items") which will provide benefit to other properties ('Benefited Properties") from the OWNERS of the Benefited Properties ('Benefited OWNERs"). D. The DEVELOPER and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by the DEVELOPER of the proportionate costs of the Recapture Items from the Benefited OWNERS, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1 . RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements have been constructed as a part of the development of the Subdivision and include engineering, crop damage expenses, silt fence, soil borings and construction costs for the sanitary sewer interceptor segment. The Recapture Items are as follows: Work Item Pulte Costs Enaineerina $29,793.00 Crops $4,930.00 Silt Fence/Straw Bales $8,925.00 Soil Borings $8,615.25 Sanitary Sewer Interce or $639,447.02 Totals 1 $691 ,710.27 2. BENEFYTED PROPERTIES. The Benefited Area is depicted and the Benefited Properties are legally described and attached hereto as Attachment "A". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a 'Benefited Parcel". 3 . RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule based on the estimated population equivalent (PE) as follows: Property Area PE Remarks Cost 10 PE/acre minus 40 acre Hamman Property 181 1410 and $379,720.26 Reek Property 10 7 2 SF Homes $1 ,885.14 Grande Reserve 165 966 276 SF Lots $2605148.77 County Residential 46 185.5 53 SF Lots $493956.10 Totals 402 2568.5 $691 ,710.27 The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. 4. COLLECTION OF RECAPTURE COSTS. a. Reek Property and Grande Reserve: The CITY shall assess against and collect from the Benefited OWNER of a Benefited Parcel, or any portion thereof, his successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel, at such time as a Benefited OWNER, or its agent or representative, subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items, whichever shall first occur. The CITY shall collect from such Benefited OWNER, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision (whether by plat or division by deed) shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. b. Hamman Property: The CITY shall waive the Sewer Connection Fee for 190 permits in the amount of $2000.00 each due from PULTE for lots within the Autumn Creek Subdivision commencing at the date of this Agreement as payment due PULTE for their portion of the recapture costs attributable for the Hamman Property. c. County Residential: The City shall assess against and collect from the Benefited OWNER of a Benefited Parcel within the County Residential the Recapture Cost of $942.57 for each lot in said County Residential subdivision at the time said Owner connects to the sanitary sewer system. 5 . PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as DEVELOPER may direct by written notice to the CITY, within thirty (30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERS as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments. 6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the CITY nor any of its officials shall be liable in any manner for the failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, DEVELOPER and/or the CITY may sue any Benefited OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit, the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, DEVELOPER shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges. S. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY for such Benefited Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no farther force and effect as to such Benefited Parcel. 9. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding g ffect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded with the Kendall County Recorder's office. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 with a copy attention to: Kathleen Field Orr, City Attorney 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 If to PULTE: Jason Polakow Pulte Home Corporation 1901 N. Roselle Road, Suite 1000 Schaumburg, Illinois 60195 Fax: (847) 230-5434 F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terns and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. I Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County 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 WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. Pulte Home Corporation: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By: Mayor Title: President Attest: Dated: CITY Clerk Reviewed By: Agenda Item Number J� ,r Legal ❑ �c b., h ,•,< S i �t �( EST. y I � Finance F-1 lass 1 Engineer El-�-- -- Tracking Number t q City Administrator ❑ O 4— �O Consultant ❑ Agenda Item Summary Memo Title: Yorkville Crossing Unit 1 (Wal-Mart)—Time Extension for Recording Request Meeting and Date: EDC/June 5, 2008 Synopsis: Request to extend the time period to record the final plat following Preliminary Plan Approval (August 22, 2006) to August 22, 2009 Council Action Previously Taken: Date of Action: December 18, 2007 Action Taken: Extension of Final Plat Approved to May 31, 2008 Item Number: Type of Vote Required: majority Council Action Requested: Approval of Extension Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Subdivision Control Ordinance Section 5.02.05 states a Preliminary Plan approval is tentative only and requires a final plat to be recorded within 12 months of Preliminary Plan approval unless an extension is approved by City Council(the extension time shall not exceed two twelve month periods). The petitioner has requested(and expired) 2 previous extensions. The current request calculates the time period to be the maximum length allowable per ordinance. The Preliminary Plan approval was August 22, 2006,therefore two consecutive twelve month periods beyond August 22, 2007 (initial expiration) would be August 22, 2009. Staff requested the petitioner submit a schedule of steps required prior to Final Plat recording (attached) DrinkerBiddlc(' each Kathleen T.Cunningham Associate Lau Qll i,e> (312)569-1219 Direct (312)569-3219 Fax North Wacker Dive Kathleen.Cunningham@dbccom sm,e 17n" May 20, 2008 chl,,,go,n. fin6o6 M98 yz irg woo phone n„n fa. VIA ELECTRONIC AND OVERNIGHT MAIL 11"1.`' hk`i1id`g°111111 tmiller @yorkville.il.us H I Mr. Travis Miller ^0 United City of Yorkville iq]'RY1 800 Game Farm Road 1.11111 Yorkville, Illinois 60560 1111''`11'11 Re: Yorkville Crossing Unit 1 (Wal-Mart) Final Plat ("Final Plat") Client-Matter No. 188394.381021 Dear Travis: On behalf of Wal-Mart, I would like to request an extension of the time to record the Final Plat up to and including August 22, 2009. 1 understand that this request will be scheduled for the June 5, 2008 Economic Development Committee meeting. Please do not hesitate to contact me if you have any questions or need further information. Thank you. Very truly yours, J(/L'C( (�-'l^�---- Katie Cunningham cc: Adele Lucas (via email) Steve Nikel (via email) Michelle Taglavore (via email) Paul Bertie (via email) Jason Wenger (via email) Elizabeth Williams (via email) Gr,nhGshed IXI9 Cl l0ll 25096464.1 Steps and timing for same for IDOT approvals (based on estimates from our engineers): • To prepare plats and final engineering documents for submittal to IDOT for construction permit is 4 to 5 weeks e Expect 45-60 days for initial review from IDOT • 2-3 weeks to process IDOT's requested revisions depending on their scope 30-45 days for IDOT to review re-submittal '.. • Possible lingering clean-up comments - 2 to 3 weeks (usually takes 2 to 3 '.. submittals to get IDOT completely on board) It is our understanding that the seller is considering engaging Smith Engineering to push the MOT permits through as he feels they have a good relationship with IDOT. We do not know yet how this will affect the timing and/or the process, but our client will be discussing this with Seller when our client is in town in early June. CHO1/ 25113436.1 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE PRELIMINARY PLAN FOR PROPERTY COMMONLY REFERRED TO AS THE WAL-MART PROPERTY WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Plan for the parcel commonly referred to as the Wal-mart property; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary Plan; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1 . The Preliminary Plan for the Wal-mart Property is approved as presented subject to staff comments and all appropriate City officials are hereby authorized to execute same. JAMES BOCK --1 JOSEPH BESCO _ VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS �Il ROSE SPEARS U JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this t-�2a Day of -A(dCn U5T A.D. 2006. 2!gMAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this o day af -A (.t�iUS T A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 `QED C/T y Reviewed By: Agenda Item Number O ,� T Legal ❑ I is vu ?)Le'ltju`� # JHy}}� 636 Finance ❑ EST. Engineer ■ � — Tracking Number {O (In City Administrator 9�6 O F1 Consultant o uoc a�g-a3 <CE Agenda Item Summary Memo Title: IDOT Letter of Understanding—Countryside Center Drive Meeting and Date: EDC/June 5,2008 Synopsis: Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of Letter of Understanding Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report O Memorandum u To: Economic Development Committee EST - __ 1836 From: Travis Miller ,c- ® Ii �® =� � CC: Lisa Pickering (for distribution) W == p Date: May 29, 2008 ;may®� Subject: IDOT Letter of Understanding – Countryside Center Drive CE Attached find a letter from IDOT requesting that the city agree to the construction of a new entrance to the proposed Countryside Center Mall from Route 47. This entrance would be located at the existing Aldi's driveway, and include a traffic signal. The letter of understanding is a pre-cursor to the actual highway permit, which would allow for the construction of the traffic signal and entrance. This signal is sought to facilitate redevelopment of Countryside Center. The developer, Tri-Land Properties, will be responsible for the costs associated with design and construction of the signal. They are seeking reimbursement through the TIF bond proceeds for half of the signal costs. As installation of this signal clearly benefits the marketing of the redevelopment, staff supports the request for its installation. The request for reimbursement from the TIF bond proceeds at the fifty percent level is reasonable. Staff would recommend that the reimbursement be subject to a requirement to repay the city if an acceptable project is not under construction by March 15, 2010. Construction of a new traffic signal at this location will result in the extension of the existing barrier median between the new mall entrance and the current tam bays for eastbound Route 34 when IDOT constructs their Route 47 widening project in a few years. Consequently, the existing private driveways serving BP Amoco and Burger King will become right-in/right-out. The existing businesses have previously objected to the right-in, right-out restrictions. To address this concern staff recommends extending the private alley that exists behind the businesses on the east side of Rt.47 from its current terminus at Burger King. This would require an extension into the self storage facility and then continue behind the Dunkin Donuts to the Aldi's property where the traffic signal will be located. We have had informal discussions with Aldi's and the mini-storage property owner, and both are open to considering this idea but no commitments have been obtained. Staff recommends proceeding with this letter of understanding, however, will also recommend, as part of the pending amendments to the Tri-Land redevelopment agreement, City Council consider requiring Tri-Land participate in the acquisition and improvement costs associated with the alley extension (alignment depicted on attached map). 1 Illinois Department of Transportation Division of Highways / District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 815/434-6131 May 5, 2008 The Honorable Valerie Burd Mayor of Yorkville 800 Game Farm Road Yorkville, IL 60560 LETTER OF UNDERSTANDING Permit Application L-9544 Illinois 47 and Countryside Center Drive Dear Mayor Burd: This letter of understanding serves as a supplement to IDOT's issuance of a highway permit to the City of Yorkville relevant to the proposed traffic signals to serve Illinois 47 and Countryside Center Drive. It is mutually agreed that the City of Yorkville will assume responsibility for 100% of road construction and related traffic signal installation. All work will be done in accordance with the specifications of the permit. The City of Yorkville will continue its maintenance of watermain, sanitary storm sewer, sidewalk, highway lighting and appurtances located behind the curb. The City of Yorkville will maintain 100% of the stop bar and crosswalk pavement markings. The City of Yorkville will assume responsibility of providing electrical energy and maintenance of emergency preemption, lighting, fiber optic interconnect and signals as indicated below. Level of Electrical Intersection Maintenance Maintenance Energy IL 47 and I Emergency Preemption Countryside Center Dr. and Lighting State Share 0% 0% City Share 100% 100% IL 47 and I Traffic Signals Countryside Center Dr. State Share 0% 0% City Share 100% 100% Mayor Burd May 5, 2008 Page 2 It is mutually agreed that the actual signal maintenance will be performed by the City of Yorkville, either with its own forces or through on ongoing contractual agreement. Upon acceptance by IDOT of the new traffic signal installation(s) included herein, the responsibility for maintenance and energy outlined above shall become part of the Master Agreement executed by IDOT and the City of Yorkville on July 6, 2001 . IDOT retains the right to control the sequence of timing of the traffic control signals installed at the said intersection. All current city ordinance, regulating parking, encroachments sanitary/storm water drainage along Illinois Route 47 shall remain in effect. Upon completion of the intersection, IDOT will assume responsibility of maintaining all through and turning lanes of IL Route 47. The Department will assume maintenance of all curb and gutter adjoining the traffic lanes of IL Route 47. You will note three copies of this Letter of Understanding are enclosed for your review. If you are in agreement with these proposals, please affix your original signature in the space provided on all three copies, retain one for your files and return two copies to the IDOT District 3 office in Ottawa. If you have any comments or questions concerning this project, please feel free to contact Dan Devine at 815-434-8505. Your cooperation is appreciated. Sincerely, George F. Ryan, P. E. Deputy Director of Highways, Re W' al Engineer Re.I'L" /" d'l—' By: Bruce A. Hucker, P.E. District Operations Engineer DD:ac s:\opr\letter of understanding Approved: Mayor Burd, City of Yorkville Date b _:b r v Q ' 4 01 1 I{ i a ay 'r' '-a _ 1111111 1v 1 7 't "}'=•=►•+..mew #I AR I r I � r� r < r �I - ✓_ Y - r E Vetershs Pk ,..y c� 150 - -.� .I lr! JH e t v 1 >5 •J 1' Ir 1-: i ail`, .pynpnn:•nia:an ec'f LeAN @M GCy et Yuikal-e•:ak<z'n `i{=' rorrzmlc,expmssetl or'nPllw,mthe cs:ul iha pa4l. ^��. — neu.�l enmonranny p:ovt.i:eny e�:mm�c�ony clr, 1Ir;1 utl.t.a t. I'c71ac'. J `QED C/p6 Reviewed By: Agenda Item Number ? O J ° � 'N Legal ■ � IEVa 1? S,tk `>S es Finance EST leas ❑ Engineer ❑ - - Tracking Number < y City Administrator ■ p Consultant ❑ )(XJS )y e >� F-1 Agenda Item Summary Memo Title: Countryside Center Redevelopment Agreement Amendment Request-Triland Meeting and Date: EDC/June 5, 2008 Synopsis: Council Action Previously Taken: Date of Action: March 8, 2005 Action Taken: Countryside Center Redevelopment Agreement Approval Item Number: Type of Vote Required: majority Council Action Requested: Submitted by: Brendan McLaughlin,Kathleen Field Orr and Travis Miller Name Department Agenda Item Notes: See staff attached report Memorandum z. o To: Economic Development Committee i � From : Brendan McLaughlin, City Administrator EST Ian Travis Miller, Community Development Director ® .,e, y Kathleen Field Orr, City Attorney 9 " "" 8 Date: May 29, 2008 cE "+�" Subject: Countryside Center Re-Development Plan TriLand Properties has proposed a redevelopment plan for the site of the former Countryside Center. The proposal is for a 166,300 square foot retail project which includes four retail buildings in a pedestrian oriented setting, plus two restaurant pads as outlots and a third pad intended for a hotel which is subject to revision if an operator cannot be found. The project will also provide improvements to Countryside and Center Parkways, and Routes 34 and 47, including a new entrance and traffic signal on Route 47. Staff has reviewed the Concept Site Plan and finds the project acceptable. The developer is requesting substantial economic incentives. Attached is a copy of their Business Plan which seeks $13.7 million dollars in economic aid from the City. Staff is supportive of granting the first request for the City to split the costs for a traffic signal on Route 47. The second request is for the release of TIF funds ($2.5 million). Staff could support this request based on a reimbursement basis for actual improvement costs. A complete release of funds prior to construction beginning is a concern. The third request is for a business district with a one percent sales tax. Staff supports this request. The fourth request is for an additional revenue bond (Total Bond $6.6 million). Staff is supportive of additional bonds being issued, but believes the total amount should be reduced. Staff believes the amount of public dollar participation in the pledging of future revenues needs to be reduced. The fifth request is to increase the Developer's Note (from $2.2 million to $4.6 million). Staff could support pledging fifty percent of the incremental sales tax and property tax if the revenues exceed the required levels needed for debt service. The total economic assistance sought totals $13.7 million ($2.5 + $6.6 + 4.6). The total project cost, using the developer's figures is $45.1 million. The incentive requested equals 30% of the total project budget. There are several items from the developer's budget which staff needs to have clarified before a final incentive number is reached. The items in question are provided on the following page. Time constraints and scheduling prevented these items from being finalized prior to preparing the staff report for the Economic Development Committee. When these questions are resolved, the total economic assistance provided should be limited with a firm dollar cap. From Exhibit A — Countryside Center Recapitalization Analysis, the line items in question are: TLP Dev. & TIF Fees $ 456,466 Operating Deficits 2005 — 2007 $ 591,310 2008 $ 327,980 Acquisition Loan Interest 2005 -2007 $ 1,0911051 2008 $ 329,208 2009 $ 253,900 Demolition Costs $ 791,712 ($500,000 has already been paid) Commissions & Fees $1,360,846 Financing Costs $ 541,500 TOTAL $5,7431973 Staff believes that economic incentives should never exceed more than 25% of the capital costs of the project including site acquisition. Under this scenario, the total project cost would be roughly $40,000,000 and the incentive package would be approximately $10,0001000. Note: when compared to Kendall Marketplace the subsidy here is roughly four times greater on a per square foot of retail basis. Via Courier April 10 , 2008 _ Mayor Valerie Burd United City of Yorkville 800 Game Farm Road Yorkville, IL 06560 RE: Countryside Center Revised TIF Proposal Dear Mayor Burd : During our meeting of February 12th, you told us that the conceptual plan that the City Council and Plan Commission approved , which required public funding of $ 16.8 million to support a $57 million redevelopment budget, was too expensive, and you asked us to focus on one of the less costly alternatives we had presented in our February 2, 2008 proposal.. You also told us the City was not prepared to back any additional subsidy as a general obligation. In response to your advice, and after careful study, we propose that the project be redeveloped as a 166 ,300 square foot single level retail project in accordance with the 'Retail Only -- No Office, Garage or Roof Parking" option described in Exhibit A to our February 2 proposal. As shown in that exhibit (copy attached), this alternative was estimated to cost $42 .7 million which we have decided to increase to $45. 1 million to include the Route 47, Countryside Parkway and Center Parkway road improvements, That budget would be supported by a subsidy of $13 .7 million, (inclusive of the remaining $2.5 million in bond proceeds) with none of the new money being backed as a general obligation of the City. Our TIF consultant, Kane McKenna & Associates, has concluded that this project will be able to generate sufficient real estate and sales tax increments to support this subsidy. As we have emphasized , we are certain that the installation of direct access from Route 47 into the site will be critical to attracting retailers and restaurants to the project and that delays in completing the roadway improvements will continue to frustrate our efforts to attract and secure commitments from retailers and restaurants to our site. Retailers need to see these improvements in place or at least under construction before they will focus on the site. Accordingly, we are proposing that the City (from the TIF funds on hand) and Tri-Land jointly fund the costs to build the temporary Route 47 improvements immediately. When we left your office on February 12, it was our understanding that the City would arrange for a 90 day extension of the Redevelopment Agreement, which was scheduled to expire on March 15, 2008, to give the City and Tri-Land time to formulate a new redevelopment plan, The City has not arranged for the extension based on its decision , after our February 12th meeting, to present an extension request and revised business plan to the City Council simultaneously. Under the circumstances, it is imperative that the City and we focus on finalizing a revised business plan as soon as possible We look forward to discussing this with you within the coming week. We will be in touch with the City this week to arrange for a meeting. In the meantime, we will ask Kane McKenna to arrange to meet as soon as possible with the City's TIF consultant, Kevin McCanna, to review Kane McKenna's analysis, so that the City and Tri-Land can move forward knowing that both consultants are comfortable with the projections on which the project plan and its financing are based . Should you have any questions, please give me a call. Sincerely, rd . Dube President Cc: Travis Miller Business Plan (Revised) Countryside Center Yorkville, IL Goal #1 : Develop a business plan to redevelop Countryside Center into a so-called "town center" retail project of one-story, specialty retail, full and limited service dining , entertainment and perhaps hospitality Goal #2 : Restructure the existing Redevelopment Agreement to provide a capital sourcing program of private and public funding to enable Countryside Center to be redeveloped consistent with the revised redevelopment concepts described in Goal #1 . Project Description : Land Area: 18. 18 acres Proposed Building Area: 166,300 square feet (proposed plan) Project Components (square footages reflected in current concept plan which are subject to reallocation based on leasing opportunities) • Retail Anchor 30,000 sf • Retail Shops 121 ,000 sf • Restaurants 15,300s • Total 166,300 sf Projected Capital Budget: $42.7 million + $2 .4 million for offsite road improvements to Route 47 and to both Countryside and Center Parkways The proposed project has been planned so as to be distinctly unique to the area, including: • Single level retail and restaurant • Building architecture is a "prairie style" theme • Site amenities will include brick accented parking and walkway areas with fountain(s), extensive plantings and resting areas . • Substantial improvements to Illinois Route 47 • Improvements to Countryside and Center Parkways to create "town center" environment 1 Business Plan : Proposed Financing Plan Based upon the cooperative efforts of the City and Tri-Land, we strongly believe that the City and Tri-Land can implement a long term business plan solution to provide the needed funding for the future redevelopment of Countryside Center Accordingly, Tri-Land recommends the following steps be implemented as soon as possible, 1 Amend the Redevelopment Agreement to alter the conditions of funding of the remaining $2. 5 million of the available (Series 2005) TIF proceeds. Specifically, we are asking the City to pay 50% of the costs (not to exceed $550,000) from the deposits in the TIF fund to pay for the widening and improvement of Route 47 as contemplated by the plans currently under review by IDOT Tri-Land will fund the other 50% We need this work to begin as soon as possible, without being contingent on procurement of a tenant commitment, and expect these funds will be invested starting in 2008. 2 Amend Section IV A , (ii) and (iii) of the Redevelopment Agreement to release the balance of the amounts on deposit in the TIF fund to the developer once it delivers to the City signed leases from multiple retailers for a minimum of 60,000 square feet, and commits to construct an additional 25,000 square feet of retail space, consistent with the revised plan The deadline for satisfying this benchmark would be March 31 , 2010 3 Designate the shopping center as a Business District and impose an additional 1 % sales tax on retail sales at the shopping center. 4 Amend the Redevelopment Agreement to provide for new revenue bond (non- GO) funding of an estimated $6.6 million of net bond proceeds needed to implement the project. The bond sales and availability of the funding to the developer will be subject to achieving the benchmarks established in item #2 above and will be repaid from incremental tax revenues generated above those amounts needed to repay the existing TIF bonds . 5 Amend the Redevelopment Agreement to increase the Developer Note from $2. 2 million to $4 6 million , to be paid to the developer only if and to the extent the project generates incremental real estate and sales taxes exceeding what is needed to meet the debt service on the existing TIF bond obligations and the new revenue bonds contemplated. 2 2/2/2008 1 of 1 Exhibit A Countryside Center Recapitalizatlon Analysis Retail Retail & Office Retail Only Retail W\ Office & No Garage or No Office, Garage w\ Office & Garage Roof Parking Roof Parking or Roof Parking Investment Acquisition costs Purchase price $ 71000,000 $ 7,0001000 $ 71000,000 $ 710001000 Option period carry $ - $ $ $ Lease Buyouts $ 86,118 $ 66, 118 $ 86, 118 $ 86, 118 Acquisition & Due diligence costs $ 3421108 $ 342, 108 $ 342, 108 $ 342, 108 Loan costs $ 145, 191 $ 145, 191 $ 145, 191 $ 145, 191 TIF Costs $ 118,451 $ 118,451 $ 118,451 $ 118,451 TLP Dev & TIF Fees $ 456,466 $ 456,466 $ 456,466 $ 456,466 Operating deficits 2005 - 2007 $ 591 ,310 $ 591 ,310 $ 591 ,310 $ 5913310 2008 $ 327,980 $ 327,980 $ 327,980 $ 327,980 2009 $ $ $ $ Acquisition Loan Interest 2005 - 2007 $ 1 ,0911051 $ 11091 ,051 $ 11091 ,051 $ 11091 ,051 2008 $ 329,208 $ 329,208 $ 329,208 $ 329,208 2009 $ 253,900 $ 253,900 $ 253,900 $ 253,900 Demolition Costs $ 791 ,712 $ 791 ,712 $ 791 ,712 $ 791 ,712 Working Capital $ $ $ $ Equity Raise Load & Offering Expenses $ 868,956 $ 868,956 $ 8681956 $ 868,956 Subtotal before construction $ 12,402,451 $ 12,402,451 $ 12,402,451 $ 12,402,451 Construction costs '.. Office Building Costs $ 6,2881000 $ 61268,000 $ 6,2881000 $ Roof top Parking costs $ $ 11463,786 $ $ Garage Costs $ 61276,800 $ $ $ Site Development $ 5,6831928 $ 51683,928 $ 51683,928 $ 5,683,928 Building construction - HardGoats $ 18, 186,522 $ 18, 1863522 $ 18, 186,522 $ 18, 186,522 Soft Costs $ 11885,800 $ 11885,800 $ 1 ,885,800 $ 11885,800 Leasing costs $ 11047,500 $ 10047,500 $ 11047,500 $ 831 ,500 Commissions & Fees $ 1186813BO $ 11726,044 $ 11683,406 $ 10360,846 Financing Costs $ 711 ,000 $ 711 ,000 $ 6122000 $ 541 ,500 Interest Reserve - Construction only $ 11758,642 $ 11365,947 $ 11280,792 $ 11062,636 Contingency $ 110005000 $ 11000,000 $ 875,000 $ 750,000 Total Construction costs $ 44,706,572 $ 39,358,527 $ 37,542,948 $ 30,302,732 Total Investment Required $ 573109,023 $ 51 ,760,978 $ 49,945,399 $ 4217055183 WData\Yorkville\TIF Re-structuring\TIF INvestment Analysis 01-29-08 i Yorkville - Countryside Support for requested line items on Exhibit A Acquisition Costs TIF Costs Kane McKenna $ 13,984 Overhead / Exp Reports Relmb. (a) $ 71174 Charles Sparks (b) $ 78,249 Site Design - DZA ( c) $ i,000 Excavation Oversight - PSI (d) $ 3,700 Rt. 47 Study - Smith Engineering $ 14,344 TIF Costs $ 1183451 TLP Dev. & TIF Fees '.. TIF Fee (a) $ 300,OOO '.. Development Fee (f) $ 156,466 '.. TLP Dev,. & TIF Fees $ 456,466 Construction Costs Commissions & Fees Construction Administration Fee (g) $ 734,580 Development Fee (f) S 342,434 Deferred Fees - Tri-Land (h) $ 19B,B32 Deferred Fees - Brol(err(I) S 85,000 Commission & Fees $ 1,360,846 Financing Costs 0) $ 541150D Interest Reserve - Construction loan (k) $ 1,062,638 6.5% rate for 24 months a Costs include administration, accounting, printing & travel expenses . b Design architect'sservices. c Architectural firm's services. of Environmental engineering firm's services Per T-L Countryside LLC's (the "Property Owner") management and development agreement with Tri-Land: e Tri-Land receives a TIF Fee of 10% of any TIF subsidy procured for the Property Owner. f Tri-Land receives a Development Fee of $3 par square foot of floor area for any space created or redeveloped for planning, consulting and coordinating the redevelopment, 33% of the projected Development Fee was paid upon property closing, remaining balance to be paid. g TO-Land receives a Construction Administration Fee of 50/a of hard construction costs for managing construction of the project. h Tri-Land receives a Property Management Fee equal to the greater of $2,000 per month or 4°% of gross rental income and a Loan Guarantee Fee of 2% per annum of the principal portion of any loan guaranteed by Tri-Land for the benefit of the Properly Owner. Tri-Land has deferred the collection of these fees to assist the Property Owner's cash position. I Fees payable to Chauner Securities (outside NASD broker/dealer) to raise equity for the Property Owner. Chauner deferred collection of these fees to assist the Property Owner's cash position.. j TO-Land receives a Financing Fee of 1% of the total loan commitment (projected to be approximately $36. 1 million) and the lender receives a 0.5% financing fee of the total loan commitment k Reserve funded through the construction loan calculated by applying a 6.6% interest rate for 24 months of construction. '.. _1 v �jH F OMI J j J co `Z4 > 4-4: - > tj m W _ ui h' ! Y AAA co J. volts C014 J .......... j, p F--- �j iL Reviewed By: Agenda Item Number J� Legal ❑ QLDUSiA1E`.> -# ESL 1 1836 Finance ❑ Engineer ❑ Tracking Number .40 Ii City Administrator 11-p °°°°as �O Consultant ❑ EDC 2007-38 kE ? Parks and Recreation ❑ Agenda Item Summary Memo Title: Sign Ordinance—Update/Presentation Meeting and Date: EDC—June 5, 2008 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: 2` Memorandum o � To: Economic Development Committee EST. 1836 From: Charles Wunder Date: 5/28/2008 Subject: Sign Ordinance Revision Draft `E At the May 1, 2008 the Economic Development Committee meeting discussed the revision of the city's sign regulations. The one area of the regulations that remained a concern was the area of the regulations dealing with electronic signs and electronic reader boards. The Committee asked the staff to see if a sign industry representative with knowledge of the electronic sign technologies could be invited to the next EDC meeting. Mike Mallon of Time-O-Matic/Watchfire Signs will be attending the June 5, 2008 EDC meeting. Mike has assisted Naperville and Lake County to update the electronic sign provisions of their sign regulations. He has also provided the staff with some background material which is being attached. Memorandum jn To: Economic Development Committee EST , isas From: Charles Wunder 40 ( ;` r ` CC: Date: 4/25/2008 Subject: Sign Ordinance Revision Draft tE 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. =`CEO c�T o United City of Yorkville 9 T 800 Game Farm Road 68T 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 SCE Vy`� 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 comer 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 retail/business 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 maybe 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. A 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 corner 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 7 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) 8 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 corner 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. entr-anee— Building mounted signage can not extend more than 75% of the building fagade 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. 9 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 a building on a lot 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 ^r ° 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. 11 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. 12 On lots three acres or larger that have a street frontage(s) in excess of 800 feet with two entranceslexits 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 a building 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 ° building on ° 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. The maximum area of such sign(s) shall be two (2) square feet or less 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. All business and identification signs shall be wall, awning, canopy or marquee signs. 13 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- 11 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. 15 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 Sign 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. S. If it is a wall sign facing a public right-of-way without a public entrance. 17 FAQs I Watchfire LED Signs Page 1 of 3 Careers I Dealer Log In I Contact Us Fire i EVERY ONE LOOKS GOOD 9• 'INF-P N�� LED Education Photo Why Request Digital Billboards Home Signs Center Gallery Testimonials Watchfire? Info Visit the Web site » Education Center: FAQs Education Center Frequently Asked Questions LED Signs 101 Q. Which LED sign is best for my business or organization? Ignite Software A: There are a number of factors to consider when choosing an LED sign, Watchfire Warranty including: size, pixel pitch, location, marketing/messaging goals, to name just a few. Service Et Support Applications for LED signs vary greatly, from 2-lane streets with minimal > FAQs setbacks to 6-lane highways with signs 50 ft above the ground. These Setting Date ft Time considerations dictate the size display you will require and also affect the best choice in pixel density. We also encourage you to visit our Signs 101 section to learn more. Q:How much do LED signs cost? A: Okay, this is a trick question. What you actually want to ask yourself is where will the budget for your LED sign come from. It's easy to think of it as a capital expenditure; but a smarter place to look might be your advertising and communications budgets. But to answer the direct question, typical LED signs are similar to new automobiles in costs. When you consider advertising facts such as newspaper circulation versus traffic count, radio audiences versus traffic count, and how much it costs on a per-day basis, a Watchfire LED sign beats newspaper, yellow pages and radio hands down. So your budget may be a little different than you think. Q, signs be leased or financed? A: Yes, they can. Authorized Watchfire dealers can provide financing options through Watchfire Signs. Simply fill out the Financing Application and submit it with the quote. Q: Can the cost of the sign ever be deducted as a business expense? A: Yes! Under the IRS Section 179 deduction, customers are able to write off the entire assest in the year acquired, even when leased (subject to income Limitations). Q. What's the best message to capture the attention of passers by? A: Simple information (such as time and temperature)turns your sign into a landmark people use on a regular basis. LED signs are also great for promoting timely information such as events and/or special offers. Many businesses benefit from more life-like images. Q., What's an LED? A: LED stands for light emitting diode. An LED is an electronic light source. A diode is not a lightbulb. Traditional incandescent lightbuibs heat tungsten http://watchfiresigns.com/EducationFAQ.aspx 5/28/2008 FAQs I Watchfire LED Signs Page 2 of 3 filaments until they glow, like a toaster heating element. These filaments gradually evaporate until they break and burn out. LEDs work on a totally different premise, similar to transistors or other electronics along those lines. There is no filament to burn out. They're also a much more efficient light source, producing considerably more light per watt than a traditional bulb. Most LEDs are about 2/10 of an inch in diameter and about 1/3 of an inch in length. Whereas typical household lamps require 120 volts, an LED uses just two or three volts. What's more, typical household lamps are rated for 1,500 to 2,000 hours while LEDs can last 100,000 hours or more. Q: What about red or amber LED signs versus full color LED signs? A: Monochrome (red or amber) LED signs have represented a strong advertising value for nearly 10 years. Monochrome displays are the right selection for some budgets. They are a proven way to get attention and have been the standard in results for years. But if you want to display glamour shots of your products, play snippets of videos and take advantage of other advertising tactics previously only available on TV and the internet, you might want to consider a color LED sign. Q: What's a pixel? A: "Pixel" is simply an acronym for"picture element". It is the smallest point of light in a flat panel TV, or in an LED sign. Monochrome signs are either red or amber. A pixel is frequently just one red or amber LED. In a color sign, the smallest point typically includes three LEDs: one red, one green, and one blue. A display with more pixels typically has higher resolution, showing sharper images with more detail. Q. What does "pitch"mean when referring to an LED sign? A: "Pitch" is the distance between light points (pixels). Usually given in millimeters (mm), Watchfire outdoor display pitches range from 19mm to 35mm. A smaller pitch corresponds to more tightly packed LEDs (or pixels) and therefore higher resolution. Q: What is "viewing angle"for an LED display?How do you measure it? A: LED light patterns are similar to spot lights. The light source is brightest head on but falls away as one moves away from that center axis. A certain point is reached where the light intensity is exactly 50%less than the "on-axis" brightness. Two times that 1/2 brightness angle is the engineering definition for "viewing angle". However, the actual useful reading angle is typically greater, but of course less bright. Watchfire manufactures LED signs with two different engineering-rated viewing angles: 90' (horizontal) x 40' (vertical) and a wider- angle 140' (horizontal)x 70' (vertical). Q: I'm concerned that my local ordinances and zoning issues may not permit an LED sign. What should I do? A: Not to worry. While you are ultimately responsible for adhering to local laws, your local Watchfire sign dealer may be able to work with you, your attorney and your local governments to help revise outdated zoning regulations and avoid costly redesigns. Whichever LED sign you buy, it should only be from a company prepared to support you along the way. Q:How can I be sure I'm buying a quality product?How can I know I'm getting full value for my investment? A: While most any sign will get your message across for the next year or so, what about 5 years down the road—and longer?Watchfire LED signs are rigorously tested for moisture resistance and durability underwater and in extreme temperatures from -40' to 120' F.Just a small part of why we're so confident offering our gold-standard 5-year warranty. http://watchfiresigns.com/EducationFAQ.aspx 5/28/2008 FAQs I Watchfire LED Signs Page 3 of 3 Q: What does the XVS upgrade do for a Watchfire display?How does it change it? A: XVS upgrades affect three significant areas: (1)increased frame rate- attaining full video speed, (2) increased viewing angle, and (3) increased color depths. As Watchfire technology has improved (every year)the differences between Watchfire and the XVS upgrade have diminished. An XVS upgrade is necessary to attain full frame video speed (30FPS), to display live video feeds, to attain the maximum viewing angles, and to attain the Largest color palette available today. Q: Will 1 need to buy a new computer to program and operate my Watchfire sign? A: Providing your computer is no more than 2 or 3 years old, you can normally use your existing PC. Q: Once my Watchfire LED sign is installed, how will l get help? A: Watchfire's Help Desk is available for assistance on troubleshooting, questions about Ignite software and for training new employees. Your local Watchfire dealer provides prompt on-site service. Click here to learn more about Watchfire Service Et Support. Q:I have a small shopping center. In order to make this advertising investment possible, we need to establish an advertising rate for our tenants. Can you suggest a rate structure? A: This question arises frequently. White there is no detailed research available, we believe that most clients resort to a "capital recovery" period of five to seven years, spreading the capital cost over that time period. In some instances, larger tenants (anchors) pay a Larger percentage, white other shopping centers divide the cost equally among all tenants. Either way, the monthly net advertising cost per tenant can be quite reasonable. Copyright 2008 101OF 0 P07A71C Request a Brochure Free Traffic Analysis Toll-Free 800-637- salesC�watchfiresigns.com 2645 http://watchfiresigns.com/EducationFAQ.aspx 5/28/2008 UNITED STATES SIGN COUNCIL Electronic Sign Zoning Information Electronic signs and electronic message centers are finding increasing use in On- Premise sign systems . This class of signs , utilizing state of the art computer technology and capable of full color display, provides users with the capability of instantaneous change in the display of graphic images or message content. Because of their unique capabilities , existing local sign regulation is frequently incapable of addressing their use over the full range of their operating characteristics . The following White Paper, entitled Regulation of Electronic Message Display Signs, and produced by the Electronic Display Educational Resource Association (EDERA) is offered by USSC , without additional comment or endorsement, as a means of furthering the informational base necessary to allow for the proper use and functioning of electronic signs in local zoning jurisdictions . REGULATION OF ELECTRONIC MESSAGE DISPLAY SIGNS Overview We are all very fortunate to live in a society that places a premium value on freedoms, and limits governmental intrusion upon those freedoms. Freedom of speech is one of those essential freedoms, and one that is embodied within the Constitution that molds the rule of law governing this great nation . Many reputable organizations, like the U.S. Small Business Administration and the International Sign Association caution against sign regulations that interfere with the freedom of exercising commercial speech . The following information has been assembled by a coalition of manufacturers of electronic message display signs. We recognize the uncertainty surrounding the legality of certain sign regulations. We also respect the desire by communities to regulate signs, including electronic message display signs, and the need for responsible sign codes. Without engaging in debate over the legality of regulations affecting electronic message displays, the following materials are intended to develop a more sophisticated understanding of the current state of the technology, and to promote regulations that reflect the broad variations in the use of electronic message displays. The History of Changeable Message Signs In the day when signs were primarily painted , changing messages on a sign merely required painting over the existing message. More recently, signs with removable lettering made it possible to manually change the lettering on a sign to display a new message. Electrical changeable message signs followed the invention of the light bulb, and included light bulbs arranged in a pattern where, by lighting some light bulbs and not the others, letters and numerals could be spelled out. With the advent of solid-state circuitry in the early 1970s, electronic changeable message signs became possible. The first of these products were time and temperature displays and simple text message displays using incandescent lamps. These lamps were very inefficient. They used a great deal of power and had short life expectancies. During the energy crunch of the 1980s, it became necessary to find ways to reduce the power consumption of these displays. This need initially spawned a reflective technology. This technology typically consisted of a light-reflective material applied to a mechanical device, sometimes referred to as "flip disk' i displays. Electrical impulses were applied to a grid of disks with reflective material on one side of the disk, and a contrasting finish on the other side. The electrical impulses would position each disk within the grid to either reveal or conceal the reflective portion of the device as required , to produce an image or spell out a message. These technologies were energy efficient, but due to the mechanical nature of the product, failures were an issue. Shortly after the introduction of the reflective products, new incandescent lamps emerged . The new "wedge base' Xenon gas-filled lamps featured many positive qualities. Compared to the larger incandescent lamps that had been used for several years, the wedge base lamps were very bright, required less power to operate and had much longer lifetimes. These smaller lamps allowed electronic display manufacturers to build displays that featured tighter resolutions, allowing users to create more ornate graphic images. Next in the evolution of the changeable message sign was the LED. LED (light emitting diode) technology had been used for changeable message displays since the mid 1970s. Originally, LEDs were available in three colors: red, green and amber, but were typically used for indoor systems because the light intensity was insufficient for outdoor applications and the durability of the diodes suffered in the changing temperatures and weather conditions. As technology improved , manufacturers were able to produce displays that had the intensity and long life required for outdoor use, but were limited in the viewing angle from which they could be effectively seen. Recently, breakthroughs in this field have made available high intensity LEDs in red, green , blue and amber. These LEDs have made it possible to produce displays bright enough for outdoor use with viewing angles that are equal to, or better than, other technologies currently available. They are energy-efficient, can be programmed and operated remotely, and require little maintenance. In addition, the computer software has evolved such that a broad range of visual effects can be used to display messages and images. The spacing of the LEDs can be manipulated to achieve near-television resolution. Earlier "flip disk" and incandescent technologies have become nearly obsolete as a result. Types of Changeable Message Signs Changeable message signs can be placed into two basic categories: manually- changed and electronically-changed. The most common form of manually- changed sign involves a background surface with horizontal channels. Letters and numerals are printed on individual plastic cards that are manually fitted into the channels on the sign face. A broad range of letter styles and colors are available. The manually-changed sign is relatively inexpensive and is somewhat versatile. Some discoloration has been experienced in the background surface materials 2 with exposure to weather and the sun . Changing the message on such a sign is accomplished by having an employee or technician remove the existing plastic letter cards and replacing them with cards displaying the new message. Occasionally, such signs have been the subjects of vandals who steal the letters or, as a prank, re-arrange them to spell out undesirable messages. Over time, as letters are replaced with lettering styles that deviate in color or type style from the original set, such signs have had a tendency to take on a mix-and-match appearance. Electronic changeable message signs are generally of two types: light emitting and light reflective. Current light emitting display technologies include LED and incandescent lamp. Light reflective displays typically consist of either a reflective material affixed to a mechanical device (like a "flip disk") or a substance commonly referred to as electronic ink. Many of the above mentioned technologies have the capabilities to display monochromatic (single color) or multiple color images. Monochrome changeable message signs are typically used to display text messages. Multiple color displays are more common in applications where color logos or video is displayed . Operational Capabilities of Electronic Signs Electronic signs have evolved to the point of being capable of a broad range of operational capabilities. They are controlled via electronic communication. Text and graphic information is created on a computer using a software program . This software is typically a proprietary component that is supplied by the display manufacturer. These software programs determine the capabilities of the displays. The software is then loaded onto a computer that operates the sign . The computer may be installed within the sign itself, operated remotely from a nearby building, or even more remotely by a computer located miles away and connected to the sign with a telephone line modem or other remote communication technology. Since most of the software programs are proprietary, one can assume that each software program is slightly different. However, the capabilities that the programs offer are all very similar. Changeable message sign manufacturers provide software that allows the end user to be as creative or as reserved as they like. The sign can be used to display static messages only, static messages changed by a computer-generated transition from one message to the next, moving text, animated graphics and , in some applications, television-quality video. Text messages or graphic images can simply appear and disappear from the display or they can be displayed using creative entry and exit effects and transitions. 3 Example: Oftentimes a display operator will choose to have a text message scroll onto the display and then "wipe-off" as if the frame has been turned like the page of a book. If a display has the capabilities to display graphics, logos or even video, it is common for the display operator to add motion to these images. Example: A display operator at a school may wish to create an animation where their school's mascot charges across a football field and runs over the competing school 's mascot. Video-capable displays can operate much like a television. These displays can show live video, recorded video, graphics, logos, animations and text. All display capabilities are securely in the hands of the display operators. They are ultimately responsible for what type of, and how, information is displayed on their changeable message sign. Traffic Safety Considerations Electronic message displays (EMDs) are capable of a broad variation of operations, from fully-static to fully-animated . In exterior sign use, they are often placed where they are visible to oncoming traffic. Concerns are often raised as communities change their sign codes to expressly permit such signage about the traffic safety implications for signage with moving messages. These concerns are largely unfounded . EMDs have been in operation for many years. As is typical with many technological advances, the regulatory environment has been slow to respond to advances in the technology itself. In 1978, after many years of the use of electronic signs, Congress first passed legislation dealing with the use of illuminated variable message signs along the interstate and federal aid primary highway system . The Surface Transportation Assistance Act permitted electronic message display signs, subject to state law, provided each message remained fixed on the display surface but "which may be changed at reasonable intervals by electronic process or remote control ," and did not include "any flashing , intermittent or moving light or lights." 23 U.S. C. § 131 . In 1980, and in response to safety concerns over EMDs along highways, the Federal Highway Administration published a report titled "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable- 4 Message Signs." This report was an exhaustive analysis of the safety implications of EMDs used along highways. The report highlights the inconclusive nature of safety studies that had occurred to that time, some concluding that roadside signs posed a traffic distraction , and others concluding that roadside signs do not cause traffic accidents. In view of the inevitable use of the technology in signage, the report made some sensible observations about traffic safety considerations for such signs: 1 . Longitudinal location . The report recommended that spacing standards be adopted to avoid overloading the driver's information processing capability. Unlike the standard for sign regulations in 1980, most communities today have spacing standards already integrated into their sign codes. 2 . Lateral location. Often referred to as "setback," the report initially recommended the common sense requirement that such signs be placed where the risk of colliding into the sign is eliminated . This was a legitimate concern, as such signs were being contemplated for use by highway departments themselves in the right-of-way. Private use of roadside signs is generally limited to locations outside the right-of-way, so this should not be a significant concern . The next issue addressed by the report was visibility. The report advocated the minimum setback feasible, stating that "standards for lateral location should reduce the time that drivers' attention is diverted from road and traffic conditions. Generally this suggests that signs should be located and angled so as to reduce the need for a driver to turn his head to read them as he approaches and passes them ." This can best be handled by permitting such signs to be located at the property line, with no setback, and angled for view by oncoming traffic. 3 . Operations: Duration of message on-time. The report states that the duration of the message on-time should be related to the length of the message, or in the case of messages displayed sequentially, the message element. For instance, based on state highway agency experience, "comprehension of a message displayed on a panel of three lines having a maximum of 20 characters per line is best when the on-time is 15 seconds. In contrast, the customary practice of signing which merely displays time and temperature is to have shorter on-times of 3 to 4 seconds." Since this 1980 report, state highway agencies have adopted, for use on their own signs, informal standards of considerably shorter "on" time duration, with no apparent adverse effects on traffic safety. Federal legislation affecting billboard use of electronic signs 5 requires only that messages be changed at "reasonable intervals. " ' Moreover, the U .S. Small Business Administration , in a report on its website reviewing safety information compiled since the 1980 report, has concluded that there is no adverse safety impact from the use of EMD signs. See http ://www.sba . gov/starting/signage/safelegal . html. The most recent study was performed in 2003 by Tantala Consulting Engineers, available through the U .S. Sign Council at httr) ://www. ussc.org/publications.html, also concluding based on field studies that EMD signs do not adversely affect traffic safety. Many small businesses using one-line EMD displays are only capable of displaying a few characters at one time on the display, changing frequently, which takes virtually no time for a driver to absorb in short glances. These signs have likewise not proven to be a safety concern, despite many years of use. 4 . Operations: Total information cycle. EMD signs can be used to display stand-alone messages, or messages that are broken into segments displayed sequentially to form a complete message. As to the sequential messages, the report recommended a minimum on-time for each message "calculated such that a motorist traveling the affected road at the 85'h percentile speed would be able to read not more than one complete nor two partial messages in the time required to approach and pass the sign." 5 . Operations: Duration of message change interval and off-time. The report defines the message change interval as the portion of the complete information cycle commencing when message "one" falls below the threshold of legibility and ending when message "two" in a sequence first reaches the threshold of legibility. This is relevant when operations such as "fade off-fade on" are used, when the first message dissolves into the second message, or when the two messages move horizontally (traveling) or vertically (scrolling) to replace the first message with the second. Off-time, on the other hand, is a message change operation that involves the straightforward turning off of the first message, with a period of blank screen, before the second message is instantly turned on. ' The appropriate interval of message change may be affected by a variety of factors, and one standard does not fit all situations. Imagine, for instance, a bridge that serves two roadways, one with a speed limit of 30 mph and the other a highway with a speed limit of 60 mph. In a situation where the bridge is socked in by fog, an electronic sign on the approach to the bridge may be used to convey the message, "Fog ahead. . .on bridge. . .reduce speed. . .to 15 mph." The driver on each roadway needs to see all the segments to the full message. The rate of changing each segment of the message needs to be different for each roadway. If the change rate were based only on the 60 mph speed, the sign on the slower roadway may appear too active. If the change rate were based only on the 30 mph speed, the result could be fatal to drivers on the highway. 6 The report takes an extremely conservative approach as to message change interval , advising against the use of operations other than nearly instantaneous message changes. If such operations are permitted, the report suggests "that the figure commonly used as a measure of average glance duration, 0. 3 second, be used here as a maximum permissible message change time limit." The report further advocates minimizing off-time between messages, where static message changes are used, stating that "[a]s this interval of off-time is lengthened , the difficulty of maintaining the continuity of attention and comprehension is increased." The conservative nature of the authors' position is reflected both in the report, and in over twenty years of practice since the report was issued. The report cites studies indicating that, in some situations, the use of electronic operations had a beneficial effect on traffic safety, by creating a more visually-stimulating environment along an otherwise mind- numbing segment of highway, helping to re-focus and sharpen the driver's attention to his or her surroundings. In over twenty years of experience, with numerous electronic signs nationwide utilizing the various operational capabilities for message change, there has been no significant degradation to highway safety reported. Many electronic signs used by highway departments now use a mode of transition between messages or message segments, such as traveling or scrolling . Drivers are apparently capable of attaching primacy to the visual information most critical to the driving task, with sign messages taking a secondary role. The report further expresses its limited focus upon interstate and federal aid primary highways. Noting the stimulating visual environment created by full-animation signage in places like Times Square, Las Vegas and Toronto's Eaton Centre, the authors of the report agreed that such signs added vitality and dimension to the urban core, but discouraged the use of animation alongside the highway. The report did not deal with the use of such signs, or their operational characteristics, on roadways between the extremes of the interstate highway and the urban core. In addition, animation has now been used on highway-oriented signs in many locations for years, with no reported adverse effect of traffic safety. In sum, the report acknowledged the appropriateness of full -animation electronic signs within the urban core, but recommended that full-animation not be used along interstate and primary highways. It took a conservative position on operations of such signs along highways, advocating static message change sequences only, with no more than 0.3 seconds of message 7 change interval or "off-time' between messages. The message changes on sequential segmented messages should be displayed such that a motorist can see and read the entire chain of message segments in a single pass. Messages should be permitted to change at "reasonable intervals." Such signs should have adequate spacing between signs, but be set back from the right- of-way as little as feasible. Since 1980, no new information has become available supporting a traffic safety concern about EMDs. They have been installed in highway locations, along city streets and in urban core settings, using all forms of operations: static, sequential messaging and full animation . Despite such widespread use, and the presence of environmental organizations generally adverse to sign displays, no credible studies have established a correlation between EMDs and a degradation in traffic safety. An article in the Journal of Public Policy and Marketing in Spring, 1997, arrived at the same conclusion . Professor Taylor, of Villanova University, analyzing this lack of data to support such a correlation, concluded that "there appears to be no reason to believe that changeable message signs represent a safety hazard ." From a safety standpoint, and based on the studies and practical experience that has been accumulated since the widespread use of EMDs, some conclusions can be reached : • In an urban core setting, where a sense of visual vitality and excitement is desirable, full-animation EMDs have been shown to be viable without degrading traffic safety. • In an urban setting , such as along arterial streets, EMDs have been used with static messages changed by use of transitions such as traveling, scrolling, fading and dissolving, without any apparent impact on traffic safety. Quite likely, this can be attributed to the primacy of the navigation task, and the secondary nature of roadside signage. • Along interstate and other limited access highways, the only significant traffic safety analysis recommends the use of static messages only, and the federal government permits message changes at "reasonable intervals." Many highway departments change messages on their own signs every 1 -2 seconds. The report further recommends that sequential messages be timed to ensure that the entire sequence of messages be displayed in the time it takes a car to travel from initial legibility to beyond the sign. In practice, and in the 20 + years since publication of this report, the operational characteristics of such signs have been expanded to include 8 fading, dissolving, scrolling and traveling, without any apparent adverse effect on traffic safety. Regulation of Electronic Signs The history of the regulation of electronic signs has been largely marked by polar extremes in regulation . A number of zoning and sign codes have treated such signs as any other sign, with no special regulations. Others have attempted to prohibit their use in the entirety, largely out of concerns for traffic safety, and in some cases in the stated interest of aesthetics. For the reasons stated above, the traffic safety concerns have been largely unfounded. In decades of use and intense scrutiny, no definitive relationship between electronic signs and traffic accidents has been established . In fact, some studies have suggested that animated electronic signs may help keep the driver whose mind has begun to wander re-focused on the visual environment in and around the roadway. No studies support the notion that an electronic sign with a static display has a visual impact, from either a traffic safety or aesthetic impact, different from that of any other illuminated sign . Despite this, the fear of negative impact from potentially distracting signs has in the past motivated some communities to attempt to prohibit electronic signs altogether. Two common approaches have been to prohibit sign "animation" and the "intermittent illumination" of electronic signs. Both approaches have had their limitations. Electronic signs that are computer-controlled often have the capability to be displayed with a multitude of operational characteristics, many of which fall within the typical definition of "animation ." However, static display techniques are quite commonplace with electronic signs, and the cost of using electronics in relatively typical sign applications has become more affordable. The programming of an electronic sign to utilize static displays only is simple and straightforward , yet probably overkill in the legal and practical sense. Nonetheless, out of fear that the programming may be changed to animation after a sign is permitted and operational, some local regulators have attempted to take the position that LED and other electronic signs are prohibited altogether. This position is unsound . There is no legal basis to deny a static-display electronic sign, as it is legally indistinguishable from any other illuminated sign . We don't prohibit car usage merely because the cars are designed so that they can exceed the speed limit; we issue a ticket to the driver if they do exceed the speed limit. Likewise, if a sign owner actually violates the zoning or sign code, the remedy is to cite them for the violation, not to presume that they will do so and refuse to issue 9 permits at the outset. Moreover, most communities permit changing messages on signs displaying time and temperature, with no restrictions on timing. To apply a different standard to signs displaying commercial or noncommercial messages would be to regulate on the basis of the content of the sign, in violation of the First Amendment to the U .S. Constitution . The code technique of prohibiting "intermittent illumination" has its own limitations as it relates to electronic signs. The term "intermittent" suggests that the sign is illuminated at some times, and not illuminated at others. This is no basis to distinguish between an electronic sign and any other illuminated sign . Virtually all illuminated signs go through a cycle of illumination and non-illumination, as the sign is turned off during the day when illumination is not needed , or during the evening after business hours. If this were the standard, most sign owners would be guilty of a code violation on a daily basis. Other terminology may be used in sign codes, but the fact is that a regulation must be tailored to the evil it is designed to prevent. Community attitudes toward viewing digital images have changed nationwide, with personal computer use and exposure to electronic signs becoming widespread . People are simply accustomed to the exposure to such displays, more so than in years past. In some communities, there remains a concern about the potential that such signs may appear distracting , from a safety or aesthetic standpoint. Yet, static displays do not have this character, and even EMDs with moving text have not proven to have any negative impact. The real focus should be on the operations used for the change in message, and frame effects that accompany the message display. Many of these transition operations and frame effects are quite subtle, or otherwise acceptable from a community standpoint. It is now possible to define these operations, in the code itself, with sufficient specificity to be able to enforce the differences between what is acceptable and what is not. The critical regulatory factors in the display of electronic changeable message signs are: 1 ) Duration of message display, 2) Message transition, and 3) Frame effects. With the exception of those locations where full animation is acceptable, the safety studies indicate that messages should be permitted to change at "reasonable intervals." Government users of signs have utilized 1 -2 seconds on their own signs as a reasonable interval for message changes, and other communities permit very short display times or continuous scrolling on business signs without adverse effect. As a policy matter, some communities have elected to adopt longer duration periods, although to do so limits the potential benefits of using an electronic sign, particularly where messages are broken down into segments displayed sequentially on the sign . The message transitions and frame effects are probably the greater focus, from a sign code standpoint. It is during the message transition or frame effect that the eye is most likely drawn to the sign. What is acceptable is a matter of community 10 attitude. Flashing is a frame effect that is prohibited in many communities, but other more subtle transitions can be accepted . It is relatively easy to define four basic levels of operational modes for message transitions that can be incorporated into a sign code: Level 1 Static Display Only (messages changed with no transition) Level 2 Static Display with "Fade" or "Dissolve" transitions, or similar subtle transitions and frame effects that do not have the appearance of moving text or images Level Static Display with "Travel" or "Scrolling" transitions, or similar transitions and frame effects that have text or animated images that appear to move or change in size, or be revealed sequentially rather than all at once Level 4 Full Animation, Flashing and Video There are, in fact, other operations recognized within the industry. However, in practice they can be equated in visual impact with "fade," "dissolve," "travel" or "scrolling," based on their visual effect, or otherwise be considered full animation. Different transition operations may be acceptable in different locations. For example, communities like Las Vegas accept full animation as a community standard, whereas others accept full animation only in urban core locations where a sense of visual vitality and excitement is desirable. Some communities may desire not to have an area with such visual stimuli, and elect to prohibit animation everywhere. However, in such a community, fade or scrolling may be acceptable forms of message transitions for static displays. In the most conservative communities, static displays with no observable transition between messages may be the only acceptable course. The next decision point for a community seeking to regulate electronic signs is procedural . Some signs may be acceptable always, while the community may determine that others are acceptable only in certain given circumstances. Alternatives to be considered for a sign code are as follows: • Permit electronic signs "as a matter of right" • Permit electronic signs with certain transitions "as a matter of right" • Permit electronic signs, subject to a review procedure 11 Permit electronic signs, with certain transitions, subject to a review procedure A hybrid of the above For instance, one community may find it acceptable to permit electronic signs, with full animation, as a matter of right. Other than a straightforward sign permit, no other review is required. In another community, the sign code structure may permit: 1 ) Static displays with no transitions as a matter of right, 2) static displays using fade or dissolve transitions as a matter of right in certain commercial zoning districts, 3) static displays using travel and scrolling transitions and animations in certain commercial districts, subject to approval of a special use permit, where the approving board can consider compatibility with surrounding land uses and attach conditions on the rate of message changes, and 4) Fully-animated/video displays in the downtown commercial district only, subject to approval of a special use permit. The level of procedure involved should be tailored to the acceptance level of the community, and the resources available should public review be desired. In the following section, we have provided model code language that can be used, for reference, to incorporate into a community's sign code. The model language suggests code scenarios based on each of the four levels of display transitions. It also provides alternative language, for some scenarios, to either incorporate a special review procedure or not. Of course, the model language must be tailored to a particular community's sign code. Variation may be necessary, where, for instance, the special review procedure would be by the local planning commission , city council or design review board . With ease, the model code language can be modified to meet local conditions. © 2004 Electronic Display Manufacturers Association 12 Model Sign Code Provisions for Electronic Signs Level 1 -Static Display (Message Changed with no Transition) Definitions ELECTRONIC MESSAGE DISPLAY — A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. Electronic Message Displays may be permitted [with the approval of a use permit] [in the zoning districts] subject to the following requirements: a . Operational Limitations. Such displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing, scintillating or varying of light intensity. b. Minimum Display Time. Each message on the sign must be displayed for a minimum of (insert reasonable interval) seconds. c. Message Change Sequence. [Alternative 1 : The change of messages must be accomplished immediately.] [Alternative 2 : A minimum of 0.3 seconds of time with no message displayed shall be provided between each message displayed on the sign.] 13 Model Electronic Sign Code Provisions Level 2-Static Display (Fade/Dissolve Transitions) Definitions ELECTRONIC MESSAGE DISPLAY — A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. DISSOLVE — a mode of message transition on an Electronic Message Display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message. FADE — a mode of message transition on an Electronic Message Display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. FRAME — a complete, static display screen on an Electronic Message Display. FRAME EFFECT — a visual effect on an Electronic Message Display applied to a single frame to attract the attention of viewers. TRANSITION — a visual effect used on an Electronic Message Display to change from one message to another. Electronic Message Displays may be permitted [with the approval of a use permit] [in the zoning districts] subject to the following requirements: a . Operational Limitations. Such displays shall contain static messages only, changed only through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images, but which may otherwise not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement of any illumination or the flashing, scintillating or varying of light intensity. b. Minimum Display Time. Each message on the sign must be displayed for a minimum of (insert reasonable interval) seconds. 14 Model Electronic Sign Code Provisions Level 3-Static Display (Travel/Scroll Transitions and Animations) Definitions ELECTRONIC MESSAGE DISPLAY — A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. DISSOLVE — a mode of message transition on an Electronic Message Display accomplished by varying the light intensity or pattern , where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message. FADE — a mode of message transition on an Electronic Message Display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. FRAME — a complete, static display screen on an Electronic Message Display. FRAME EFFECT — a visual effect on an Electronic Message Display applied to a single frame to attract the attention of viewers. SCROLL — a mode of message transition on an Electronic Message Display where the message appears to move vertically across the display surface. TRANSITION — a visual effect used on an Electronic Message Display to change from one message to another. TRAVEL — a mode of message transition on an Electronic Message Display where the message appears to move horizontally across the display surface. Electronic Message Displays may be permitted [with the approval of a use permit] [in the zoning districts] subject to the following requirements: a. Operational Limitations. Such displays shall be limited to static displays, messages that appear or disappear from the display through dissolve, fade, travel or scroll modes, or similar transitions and frame effects that have text, animated graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once. b . Minimum Display Time. Each message on the sign must be displayed for a minimum of (insert reasonable interval) seconds. 15 Model Electronic Sign Code Provisions Level 4-Video/Animation Definitions ELECTRONIC MESSAGE DISPLAY — A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, including animated graphics and video. Electronic Message Displays may be permitted [with the approval of a use permit] [in the zoning districts] 16