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Economic Development Packet 2008 08-05-08 United City of Yorkville 800 Game Farm Road EST. -1 _ _ 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 o� 1 _ v �. Fax: 630-553-7575 ALE �vv AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, August 5, 2008 7:00 PM City Hall Conference Room Presentation: Minutes for Correction/Approval: July 3, 2008 Items Recommended by Plan Commission for Approval: 1. PC 2008-12 Zangler—Annexation and Subdivision Plat 2. PC 2007-26 Rob Roy Falls Annexation, PUD Zoning/Concept PUD — Status Update 3. EDC 2008-31 Comprehensive Plan Update — Plan Commission Recommendation New Business: 1. EDC 2008-32 Monthly Building Permit Report for June 2008 2. EDC 2008-33 Cobblestone Commons Amended Development Agreement and Economic Incentive Agreement 3. EDC 2008-34 Raintree Village SSA Bond— Lennar Transfer to New Developer 4. EDC 2008-35 Lincoln Prairie Temporary Stormwater Management Easement 5. EDC 2008-36 Rush-Copley/Kendall County Government Center Development Update 6. EDC 2008-37 City Council Goal Action Plan— Open Space Acquisition 7. EDC 2008-38 Developers Handbook 8. EDC 2008-39 CMAP — 2040 Regional Plan Indicators Workshop — Update Old Business: 1. EDC 2008-21 Pulte (Autumn Creek Subdivision) — Water Main and Sanitary Sewer Recapture Agreements Economic Development Committee August 5, 2008 Page 2 Additional Business: 2008 City Council Goals Economic Development Committee "Evaluate fiscal incentives." Alderman Golinski Travis Miller Susan Mika "Increase development standards, with heavy emphasis on multi family." Alderman Besco Travis Miller Alderman Werderich "Facilitate large lot planning areas, with exploration on agricultural Alderman Besco homestead zoning district, and heavy emphasis on studying how we can Alderman Werderich Travis Miller make large lots economically viable in the marketplace." "Bridges to river islands." Alderman Besco Dave Mogle Alderman Werderich "Open space acquisition." Alderman Sutcliff Dave Mogle Bart Olson "Strengthen the city's role in economic development activities." Alderman Munns Brendan McLaughlin Travis Miller "Land use planning adjacent to Route 47, with research on how we can none Travis Miller help Route 47 expansion via contact with Springfield." UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, August 5, 2008 7:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. July 3, 2008 ❑ Approved as Presented ❑ Approved with Corrections --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED BY PLAN COMMISSION FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2008-12 Zangler—Annexation and Subdivision Plat ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2007-26 Rob Roy Falls—Annexation, PUD Zoning and Concept PUD Approval ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2008-31 Comprehensive Plan Update—Plan Commission Recommendation ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2008-32 Monthly Building Permit Report for June 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2008-33 Cobblestone Commons Amended Development Agreement and Economic Incentive Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2008-34 Raintree Village SSA Bond—Lennar Transfer to New Developer ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2008-35 Lincoln Prairie PUD Amendment ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2008-36 Rush-Copley/Kendall County/Yorkville—Mowing Agreement for Beecher Road ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. EDC 2008-37 City Council Goal Action Plan—Open Space Acquisition ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. EDC 2008-38 Developers' Handbook ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 8. EDC 2008-39 CMAP "Indicators" Workshop ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. 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 --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- l.Sfa� co, Reviewed By: Agenda Item Number 0 Legal ❑ E5r 1836 Finance ❑ Engineer ■ --�--� Tracking Number City Administrator ❑ Oft-.* �v Consultant El PC 2008-12 LLE t� El PC 2007-23 Agenda Item Summary Memo Title: Zangler Annexation and Zangler Woods Subdivision Plat Meeting and Date: EDC/August 5, 2008 Synopsis: Request for Annexation,Annexation Agreement and Final Subdivision Plat Council Action Previously Taken: Date of Action: October 23, 2007 Action Taken: Annexation Agreement Public Hearing Item Number: Type of Vote Required: majority Council Action Requested: Approval of Annexation Agreement and Final Subdivision Plat Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report o clr, Memorandum O To: EDC EST. 1z leas From: Travis Miller CC. Lisa Pickering, Deputy Clerk(for distribution) 0 [� Date: June 26, 2008 .d � , Subject: PC 2007-23 Zangler Annexation and <LE v PC 2008-12 Zangler Woods—Plat of Subdivision Background: The petition requested annexation of the property in 2007 and was reviewed by the Plan Commission October 10, 2007 and was recommended for approval subject to the staff comments prepared October 2, 2007 (attached)with the exception of a recommendation made by staff for the annexation agreement to include a provision to require the creation of an easement for a future multi-use trail. This provision was removed from the draft agreement based on this recommendation and City Council direction given to staff at the October 23, 2007 Public Hearing. Prior to final approval of the annexation agreement, the petitioner decided to prepare this subdivision plat for approval simultaneously with the annexation. The terms of the annexation agreement drafted in 2007 (attached) includes provisions for utility easements which should be included on this plat and are explained below. Subdivision Plat- Staff Comments and Recommendations: 1. Zoning Ordinance 10-4-5 requires all land annexed into the City be classified as R-1 Residential. The petitioner is not requesting a re-zoning from this classification upon annexation. The proposed plat was reviewed assuming R-1 Zoning Classification. 2. Plat of Subdivision, Sheet 1 comments: (Comment from October 2, 2007 report) - Staff recommends the subdivision plat include the following public easements: a. A utility easement to allow the extension of a sanitary sewer line across (east- west) the property in the future to serve the homes on Quinsey Lane east of the subject property. In the October 2, 2007 staff report, Joe Wywrot, City Engineer advised this easement width should be a minimum of 30 feet wide. On June 6, 2008 Wywrot reviewed the site plan currently proposed by the owner and revised the recommended width to 20 feet. This easement location should be in line with the existing manhole where the sewer makes a bend to the west and could be aligned to accommodate the future home and pool locations depicted on the proposed grading plan. b. An additional ten(10) feet is proposed to be added to the existing utility easement along the west property boundary based on previous staff comments. i. Note: A sanitary sewer and storm sewer already occupy the existing easements along the west property line. The additional dedication will enable the City to extend a watermain along this same alignment for future extensions to the west through the Woodworth property. Ak � cIT United City of Yorkville Memo 800 Game Farm Road Mr. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 09 p� Fax: 630-553-3436 ALE raw Date: October 2, 2007 To: Plan Commission From: Travis Miller, Community Development Director Cc: Stephanie Boettcher, Senior Planner(for distribution) Subject: PC2007-23 Zangler Property Annexation Request Comprehensive Plan Recommendations: The Comprehensive Plan Land Use Plan for the property recommends Suburban Neighborhood Land Use for the majority of the property with Park/Open Space Land Use along the western portion and along the Fox River frontage. Staff Comments: 1. Zoning Ordinance 10-4-5 requires all land annexed into the City be classified as R-1 Residential. The petitioner is not requesting a re-zoning from this classification. The R-1 zoning district is appropriate zoning to be consistent with the Comprehensive Plan recommendation. 2. Staff recommends the Annexation Agreement include provisions to establish the following public easements (refer to Attachment 1): a. A utility easement to allow the extension of a sanitary sewer line across (east-west) the property in the future to serve the homes on Quinsey Lane east of the subject property. Joe Wywrot, City Engineer has advised this easement width should be a minimum of 30 feet wide. b. An additional ten(10) feet be added to the existing utility easement along the west property boundary. c. An easement for a multi-use trail along Quinsey Lane (north property boundary), follow the west property boundary allowing for connection to the adjacent property on the west. 3. The petitioner will be requesting annexation to YBSD for only a portion of the property. The intention is to annex an area surrounding the proposed home site only. Staff recommends this issue be resolved between the petitioner and YBSD and addressed in the annexation agreement. It should be clearly stated in the Annexation Agreement that in the event this property is further developed/divided into additional home sites, those homes would be required to be served by sanitary sewer and the YBSD territory would be expanded as necessary. 1 c. An additional 10-foot wide public utility and drainage easement is proposed to be dedicated immediately east of and adjacent to the existing easement dedicated as Document 200400003975 based on previous staff comments. This easement runs from the north property line to the E-W sanitary sewer easement discussed in item (a) above. PLAT OF TOPOGRAPHY 141 LEGEND Attachment 1 I Irouan me axm�.v w..'-\ -uaua w.a�wa�o�rrery yx.�,g5`e. -rmvel w��Iii s e ze E p ea.R.-mrwrwae T'"�" ��.5�;,bM1� s ers> a uw p�panu.rse� xe o — SAN—SAN s7—S' Ilv wvl =3 'm 11A sI r �Us? /I ryb 1SX '[� V Iaa x b ¢v/m e.rw.tw_x nxo v.x.xusrtn �I l� ul yvA1'' 1 do xnf�3!'` -net TdZ IW bI jem ur e.b.. i.x,nare.bxn rout 1! / lac •" ._` ,k ey 6+T' � 41 Existing Utility Easement � - 10' Requested Addition' to Utility Easement - Requested 30' Sanitary Easement-', ♦ -� Requested Multi-Use Trail Alignment gNEm a.❑.n e. NWCBCC6 C..F➢et]RVEYIbG ¢ �" �ao i e a r lu. ace.aaa nnae..nrsr. P� 4pp Jv Q. sm�saT as:mcx•. ��xnxres w m. �f _ ;t� I.a`� �. xh6• n �x I � q� A✓ Vii1 q� � � / RROW lJ RV£YING r..........�.E..,o,..�nm RETE \ 263.02 JJ � \ / ~ � \ ' 1501 OAF i IF SET AC� /14 ' - M�-HND - i =586. � 3. 2, ,. Z �� , 1• SGQ O_` 160.77' oP' J 1 P . � QOO`J� CONC. 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Rev. 12/12/07 Rev.6/26/08 ANNEXATION AGREEM ( ems') THIS ANNEXATION AGRE MENT ("Agreemen s made and entered as of the day of July and bet een A`THONY ZANGLER and NICOLE ZANGLER (collectively, "O ERS"), an e UNITED CITY OF YORKVILLE, a municipal corporation organ' xisting r and by virtue of the laws of the State of Illinois (hereter referred to as ` ') by and through its Mayor and Aldermen thorities"). OWNERS and DEVELOPER and the CITY are sometimes ereinafter re o indiv y as a"Party" and collectively as the "Parties". RECITALS: RS are the owners of certain parcels of real estate legally described and sh e Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNERS desire to annex the SUBJECT PROPERTY to the CITY for the purposes of constructing one single family residence. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNERS desire to proceed with the development thereof fo esidential use in accordance with the terms and provisions of this Agreement. D. OWNERS propose that the SUBJECT PROPERT to the R-1 Single-Family Residence District provisions of the City i Ordinanc ning Ordinance") within the SUBJECT PROPERTY con ' of approximately fiv eight tenths (5.8) acres, legally described in Exhi ' attached E. All public hearings, as required by een duly held by the appropriate hearing bodies of the C upon the matters cored by this Agreement. The Plan Commission conducted a 1 arding the requested zoning and conceptual site plan on October 10, 20 ity cil ducted the public hearing on the annexation agree ober 23, F. ITY and ERS h iven all appropriate notices due to be given pursu applica provis llinois Compiled Statutes and the City Code. e Corp Authorities, after due and careful consideration, have concluded that ecutio f this Annexation Agreement subject to the terms and visions hereof, the zoning and development of the SUBJECT PROPERTY as p for h , will inure to the benefit and improvement of the CITY in that it will increas xable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS and the CITY to annex and develop the SUBJECT PROPERTY with one single family residence. (ii) Each party agrees that it is in the best inter the local governmental bodies affected and the O rovide for performance standards in the deve nt of the ECT PROPERTY. I. It is the desire of the CITY and t ERS th development an use of the SUBJECT PROPERTY proceed as conve be, in accordance with the terms and provisions of this Agre ent, and be subje e applicable ordinances, codes and regulations of the CITY n fect, exc otherwise provided in this Agreement. J. The nd their entatives have discussed the proposed annexation an e attende blic hears of the Plan Commission and the City Council. NOW, T E, in consideration of the foregoing preambles and mutual nants reem ntained herein, the Parties hereto agree to enter into this Agreement and upplem the Petition for Annexation and drawings submitted rewith, and agr at the annexation, zoning and plan for the SUBJECT PROPERTY s appro y the City Council upon the following terms and conditions and in conside f the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reaso practicable following the execution of this Agreement, the Corporate Auth dopt such ordinances as may be necessary and appropriate to ann a zone the ECT PROPERTY under the R-1 Single-Family Residenc rict provisions of the Zoning Ordinance ("Zoning Ordinance"). OWNERS agree that the SUBJECT P all be developed in accordance with the ordinances of t CITY, as appro subsequently amended, unless otherwise provided for her a o follow the policies and procedures of the CITY in connection such ept as modified in this Agreement. The pa cknowle that the ERS will be required to subdivide the property in ance w' trol Ordinance in order to annex only a portion of the su perty to the Yorkville Bristol Sanitary District. The Owners su appli to the City for Preliminary and Final Subdivision within 90 days after the an ion is a oved. The City agre s to consider the subject property as the "Lot" as defined by the ing O ce for purposes of identifying and measuring Building Setback Line and Ya for future building permit applications provided the lots identified in the said Subdivision remain under common ownership. Furthermore, the City agrees to waive the Improvement Plan requirement of the City Subdivision Control Ordinance described by Section 5.03 of said ordinance for said Subdivision. In the event the Owners desire to re-subdivide the property at a later date, any further subdivision of the land into buildable lots will require annexatio f the re- subdivided lot or lots as the case may be into Yorkville Bristol Sanitary t as well as require said lots to comply with Zoning Ordinance and Subdivis* Ordinance requirements,unless a variance is sought OWNER and appro d the City. 3. AMENDMENTS TO ORDINA With the exception of the City considerati d in Section 2 of this agreement, all ordinances, regulat' codes of the including, without limitation those pertaining to subdivis contro torn er management and drainage, comprehensive land use plan, restricts s, as they presently exist shall apply to the C ERTY and s development . 4. ES AND Duri first five (5) years following the date of this Agreement, the ITY sha ose a nd collect from the OWNERS, and their respective contractors and liers, only those permit, license, tap-on and connection fees and arges, and i h amount or at such rate, as are in effect on the date of this A ent as are generally applied throughout the CITY, except as otherwise express rovided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit"C". B. The CITY represents and warrants to OWNERS that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any po n of the SUBJECT PROPERTY, other than charges to existing drainage districts ord, if any. 5. CONTRIBUTIONS. The CITY shall not r9quire the ERS to donate any land or money to the CITY, or any other mental body, as otherwise expressly provided in this Agreement. 6. SCHOOL AND PARK DONATI I event this property is subdivided at a future date, the City ill impose land-ca uirements to this property in accordance with the amount esidential within the future development and/or subdivision pla t ti Permit application, the Owner agrees to quaAdIMMMIkkib e amount on the Fee Schedule in Exhibit "C" of this agreemen 11 dwelli nits on the erty. 7. TIF ES ANCY. The shall issue a certificate of occupancy for the dwelling unit nstructed SUB PROPERTY within five (5) working days after proper e application therefor r within five (5) working days after the receipt of the last of the ments or information required to support such application, whichever is later. If the apple is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such nsultants and/or hire such employees as may be necessary to ensure that the CIT le to fulfill its obligations under this Subsection. The foregoing, however negate the obligation of OWNERS to pay all fees otherwise payab services d in connection with the issuance of certificates of oc cy under applicable ordinances. B. Notwithstanding the foregoing, certi i ancy shall be issued by the CITY for the dwelling unit wh driveway and/or alk paving and grading improvements have not been comple 1 o adverse er conditions. 8. LIMITATIONS. In no t, i limitation, the exercise of the authority hapter 6 ion 5/11-12-8 of the Illinois Compiled Statutes (200 , shall the Y require any part of the SUBJECT PROPERTY be dedica public purposes the utility easements described in this Agreement. M MENT OF IMPROVEMENTS. e SUBJECT P ERTY or any portion thereof may continue to be used for a 11 u tural an sery uses as interim uses until the relevant portion of the SUBJECT PROPER actually developed. Such uses shall constitute legal, non-conforming uses of the SUBJECT PROPERTY. 10. ONSITE EASEMENTS AND IMPROVEMENTS. The parties acknowledge that there is currently a 30 foot sanitary and sewer easement located on the westerly edge of the property. The Owners agree to add an additional 1 eet to the easterly portion of the existing easement at no cost to the City so that sement will become 40 feet in width and for the same purposes of the existin The parties further agree that the Owner sh 1 grant a contingent easement to the CITY for the purposes of a sanitary easement, location and size to be agreed upon by the parties. Said easeme be descr* nd included in th final subdivision plat for the property. The easeme nt upon the CITY fully installing all sanitary sewer impr ents within tw ears from the date of the execution of this annexation agree t. In t all sanitarywer improvements are not fully installed within two years, then a nt grant shall expire and no longer exist. ees to rate of $1.00 per square foot for the aforementio Bement. 11. CONNECTION. OWNERS and DEVELOPER shall develop OP as a single family residence approved by the CITY in accordance with terms eof, and shall not, as the OWNERS of said property, tition to discon any portion or all of said property from the CITY or from any se rovid the CITY. 12. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 13. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT P PERTY, including, but not limited to those required from the Illinois Environ Protection Agency, the Army Corps of Engineers, the Federal Emergency M gency, the United States Environmental Protection Agency, ID T, e linois De t of Natural Resources, Bristol Township, the United C* Yorkville Park Boar Yorkville Community Unit School District 115. ITY furt rees to reasonably cooperate with OWNERS in obtaining all perm ovals required by the applicable sanitary district, the Cou of Kendall and a r governmental units in connection with the contemplated de UBJEC PERTY. 14. ADDRESSES. Withi urtee ter the annexation is approved, CITY wil WNERS e addresses of the lot for the purpose of expediting the ss of obtaining utility in tions by the applicable utility company or companie 15. S NT AMENDMENTS. It is understood and agreed that eque en t is Agreement, may be obtained solely by the owner of any portion of the CT P ERTY and the CITY as to such portion without any tion or approval he owners of other portions of the SUBJECT PROPERTY if such a ents d affect the rights, duties or obligations of the owners of the balance of the SU ROPERTY not included in the aforedescribed amendments without any action or approval of the owners of other portions of the SUBJECT PROPERTY. Rezoning may be applied for and processed by the CITY without requiring an amendment of this Agreement. 16. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable ' it Court of Kendall County by any of the parties or their successors o a gns by an riate action at law or in equity to secure the performance covenants and agree contained herein, including the specific performa this Agree This Agreemen shall be governed by the laws of the State of Illinois. B. Successors and Assi n This Agreement ure to the benefit of and be binding upon the OWNERS, an 1 in title a rest, and upon the CITY, and any successor municipalitie the rstood and agreed that this Agreement shall he land a uch, shall be assignable to and binding upon each and subsequen` 'grantee an cessor in interest of the OWNERS and the CITY. regoing the con t standing, the obligations and duties of OWNERS hereu not be deemed transferred to or assumed by any purchaser of a t imp with a dwelling unit who acquires the same for residential occupation, unless otherwise ressly agreed in writing by such purchaser. C. All e s and Conditions Contained Herein. This Agreement contains all t s and ions agreed upon by the parties hereto and no other prior agreement, regardi ub'ect matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is require o, or may wish to, serve upon any other party in connection with this Agreements e in writing and shall be deemed effectively given on the date of c lefacsimile transmission, on the date delivered personally or on the se usiness da wing the date sent by certified or registered mail, return r requested, postage pr addressed as follows: (I) If to OWNERS: Tony and Nicole Za 946 0en Avenue Downer e, IL60515 Fax: with copies to: Law Offices o emunson, P.C. 226 S. Brid eet Yorkville, I inois 60560 Attention: Gregg Ingemunson Fax: 6 O)V53-7958 (II) If Y: y of Yorkville Attn: ty Clerk 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553-7575 k,ucn olversons and/or addresses as any party may from time to 4' time designate in a written notice to the other parties. E. Severabilit This Agreement is entered into pursuant to the provisions of Chap 65 Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS shall take all action necessary or required to fulfill the intent of this Agreement as to the use and d elopment of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or a ereto, may be amended from time to time in writing with the conse f e parties, nt to applicable provisions of the City Code and the law the State of Illinois. Agreement may be amended by the CITY and er of re c f a portion of the SUBJECT PROPERTY as to provisions applyin thereto, without the consent of the owner of other portions the SUBJECT P TY not effected by such Agreement. G. Conveyances. Nothing inedJ4 this nt shall be construed to restrict or limit the OWNE ell or convey all or any portion of the SUBJECT PR Y, whether improved mproved. H. essa odinance olutions. The CITY shall pass all ordinances and r s necessary to permit the OWNERS, and their successors or ns, the CT PROPERTY in accordance with the provisions of this Agreement, pro said or ances or resolutions are not contrary to law. The CITY ees to authoriz Mayor and City Clerk to execute this Agreement or to correct any to 1 defec ich may arise after the execution of this Agreement. erm of Agreement. The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNERS. J. Captions and Paragraph Headings. The captions and paragraph,headings used herein are for convenience only and shall not be used in const ny term or provision of this Agreement. K. Recording. This Agreement shall be ree in the O the Recorder of Deeds, Kendall County, Illinois, at OWNERS' expense. L. Recitals and Exhibits. The reci et forth at beginning of this Agreement, and the exhibits attached hereto, are incorporated h in by this reference and shall constitute substantive provisions this Agreement. M. Counterparts. This A m execute unterparts, each of which shall be deemed an original, but all of whi 1 constitute one and the same document. N. orator e CITY s of deny a building or other permits that may be ap or due ed moratorium and shall in no event unreasonably wit proval of said permits. Nothing contained herein shall affect imi pose sanitary sewer or water main extensions by the Illinois Environmental ction ncy, Yorkville-Bristol Sanitary District, or any other vernmental age hat preempts the authority of the United City of Yorkville. is of the Essence. Time is of the essence of this Agreement and all docume cements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNERS in t vigorous defense of such action through all proceedings, including any appeals; take such other actions as may then or thereafter be possible pursuant to Municipal Code to annex the SUBJECT PROPERTY and/or other prop ie to the CIT t the annexation of the SUBJECT PROPERTY to the CITY sustained and/or effec Q. Major and Minor Modifications. y modific to any approve preliminary or final plats of subdivision and engine hich are deemed to be minor modifications, may be approve the CITY Adm1 ator (following review and approval by the CITY Engineer) wi t ublic heArinnd without formal amendment to the Planned Development approved fo SUBJECT PROPERTY or this AGREEMENT. M tion necessa` olve engineering, layout and/or design problems shall erred to be minor modi ns so long as such modifications do not change the tial character of nary or final plats of subdivision or engineering plan -rease the total number of dwelling units allowed on the RT revisions to a preliminary or final plat of subdivision or engineering pla ich if ermined by the CITY to be major modifications, shall uire review by CITY's Planning Commission and approval by the CITY Council. In ent sh major modification require an amendment to this AGREEMENT. xculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, OWNERS, including, but not limited to, county, state or federal regulatory bodies. S. Effectiveness. This Agreement shall be subject to and shall ke effect after the consummation of the transaction between OWNERS for the s any portion by OWNERS . [SIGNATURE PAGE FOL IN WITNESS WHEREOF, the parties hereto have set their hands als to this Agreement as of the day and year first above written. OWNERS: CITY: TONY ZANGLER Tony Zangler Nicole Zangler UNI TY OF YORKVILLE, an Illino icipal corporation By: Title: Mayor Attest: Title: City Clerk LIST OF EXHIBITS EXHIBIT "A" Legal Description EXHIBIT `B" Plat of Annexation of SUBJECT PRO EXHIBIT "C" Fee Schedule I PARCEL ONE THAT PART OF THE NORTH EAST 1/4 OF SECTION 33, TOWNSHIP 37 NORTH, RANGE I 7 EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS: li COMMENCING AT THE NORTH EAST CORNER OF SAID NORTH EAST 1/4a THENCE WEST � ALONG THE NORTH LINE OF:SAID'NORTH..FAS'r.,1/4 .i985.66,FEETi THENCE SOUTH ! 911 DEGREES, 35 HINUTES: AO SECONDS WEST 216.26�fEET1 THENCE SOUTH.004 DEGREES. 00 MINUTES, 00 SECONDS EAST 706.73 FEET'TO THE NORTHERLY LINE EXTENDED WESTERLY OF A 16 FOOT WIDE LANE LEADING T'0 NELSON J. RUINSEY'S ! SUBDIVISION AS RECORDED MARCH 3. 1922 IN PLAT BOOK 7. PAGE 11 AND TO THE POINT OF BEGINNINGi THENCE SOUTH 0GA DEGREES, 45 MINUTES. 31) SECONDS EAST ALONG SAID EXTENDED NORTHERLY LINE AND SAID NORTHERLY LINE OF SAID LANE 267.47 FEETi THENCE S OUTft_®6j,_DEGREE:i,__®9,_HIIEIJTET� At—._ . SECONDS EAST 876.31 FEET TO THE NORTHERLY BANK OF THE FOX RIVERi THENCE WESTERLY ALONG SAID NORTHERLY BANK TO A POINT SOUTH 004 DEGREES. OA MINUTES. 00 SECONDS EAST FROM THE POINT OF BEGINNING# THENCE NORTH 004 DEGREES. 00 MINUTES. Oe SECONDS WEST 996.30 FEET TO THE POINT OF BEGINNING. IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY. ILLINOIS. PARCEL TWO: EASEMENT (FOR INGRESS AND EGRESS) CREATED BY WARRANTY DEED DATED JANUARY 25. 1935 AND RECORDED JANUARY 26, 1935 IN BOOK 85 OF DEEDS PAGE 638 MADE BV ELIZABETH H. WAYNE AND JOSEP14 N_ WAYNE. HER HUSBAND TO AR,rHUR L. COLLINS FOR THE BENEFIT OF PARCEL i OVER THAT PART OF THE NORTH EAST 1/4 OF SECTION 33, TOWNSHIP 37 NORTH. RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN SCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ! EAST CORNER OF SAID !NORTH EAST 1/4# THENCE WEST ALONG THE NORTH LINE OF SAID NORTH EAST 1/4 885.06 FEET# THENCE SOUTH 411 DEGREES, 35 MINUTES, ! 00 SECONDS WEST 216.26 FEET, THENCE SOUTH 004 DEGREES. 00 MINUTES, 00 SECONDS EAST 706.73 FEET TO THE NORTHERLY LINE EXTENDED WESTERLY OF A 16.0 FOOT WIDE LANE LEADING TO NELSON J. QUNISEY'S SUBDIVISION, AS RECORDED MARCH 3. 1922 IN BOOK 7 OF PLATS, PAGE 11 AND TO THE POINT OF BEGINNING] THENCE NORTH 004 DEGREES. 00 MINUTES. 00 SECONDS WEST TO THE SOUTH LINE OF CUINSEY ROAD (THIS LINE HERE,tNAFTER REFERRED TO AS LINE 'A'); THENCE EAVERLY ALONG SAID SOUTH LINE TO A POINT 16.0 FEET EAST OF AHD MEASURED AT RIGHT ANGLES TO SAID LINE °A'# THENCE SOUTH PARALLEL TO S41D LINE 'A' TO A POINT SOUTH 084 DEGREES, 45 MINUTES, 38 SECONDS EAST OF THE POINT OF BEGINNING# THENCE NORTPi 08t�.DEGREES. 45 MINUTES, 38 SECONDS WEST TO THE POINT OF BEGINNING, ZH THE TOWNSHIP OF BRISTOL. KENDALL COUNTY. ILLINOIS. 1 EXHIBIT "B" PLAT OF ANNEXATION OF SUBJECT PERT Exhibit C United City of Yorkville Fee Schedule Fee Type Fee Timing of Payment Fire District Development Impact Fee $1000/SF Building Permit (Note: This fee is not"locked"by this agreement.) Library Dev. Impact Fee $500/unit Building Permit Engineering Dev. Impact Fee $100/unit Building Permit Municipal Building Dev. Impact Fee $5,509/unit if paid at bldg permit Building Permit $3,288/unit if pre-paid at first final plat or Pre-Paid at Final Plat Parks&Recreation Dev. Impact Fee $50/unit Building Permit Police Dev. Impact Fee $300/unit Building Permit Public Works Dev. Impact Fee $700/unit Building Permit Administration Fee 1.75%of approved engineer's cost Final Plat estimate for land improvements School District Transition Fee $3,000/unit Paid to School District prior to application for Building Permit Building Permit Fees Calculated based upon$650 per house plus Building Permit $.20 per square foot area of house as defined by Ci ty Public Walks/Driveway Inspection Fee $35/unit Building Permit Weather Warning Siren Fee $75/acre Final Plat Water Connection Fee $3,700/SF Building Permit Water Meter Costs Vary based on current City Fees Building Permit (Note: This fee is not"locked"by this agreement.) currentl $390) City Sanitary Sewer Connection Fee $2000/unit SF Buildin Permit Water and Sewer Inspection Fee $25/unit Building Permit Road Contribution Fund $2000/unit Building Permit County Road Fund $1,707/unit Building Permit Yorkville Bristol Sanitary District $3,660/acre At time of annexation to Annexation Fee Sanitary District (Note: This fee is not"locked"by this agreement.) Yorkville Bristol Sanitary District $1,400/unit Building Permit,Paid by Connection Fee separate check to YBSD (Note: This fee is not"locked"by this agreement.) Yorkville Bristol Infrastructure $3,660/acre At time of IEPA permitting Participation Fee unless otherwise agreed to by (Note: This fee is not"locked"by this a eement. YBSD Yorkville Bristol Permit Review Fee $.50 per LF of 8"diameter or larger sanitary Due at permitting. (Note: This fee is not"locked"by this agreement.) sewer or$800 minimum(whichever is more) School/Park Land Donation $101,000/acre required—Acreage Building Permit required is based on projected population—calculation per Land-Cash Ordinance ,SO'D C►p Reviewed By: Agenda Item Number d"' Legal El E5r 1836 Finance ❑ Engineer El--�--� Tracking Number City Administrator ❑ �v Consultant ❑ PC 2007-26 ALE �'� F-1 Agenda Item Summary Memo Title: Rob Roy Falls—Annexation and PUD Agreement— Status Report Meeting and Date: EDC /August 5, 2008 Synopsis: See attached memo Council Action Previously Taken: Date of Action: July 8, 2008 Action Taken: Public Hearing Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Memorandum „ O EST. lZ 1836 TO: EDC O From: Travis Miller C %5,,.e p CC: Brendan McLaughlin Kathleen Field Orr <tE Date: August 5, 2008 Subject: Rob Roy Falls—Annexation Agreement Update Staff review of the Rob Roy Falls proposed Annexation and Concept PUD Plan has been ongoing over the past several months and since the July 8, 2008 Public Hearing, several outstanding items have been resolved to staff's satisfaction. There remain to be some financial incentive items to be resolved and the petitioner, staff including Attorney Orr and our financial consultants continue to refine the details of these provisions. Staff anticipates the Annexation Agreement will be in final form for your final consideration within the next couple of meetings. The purpose of this memo is to highlight some of the resolved issues as well as explain the status of the current"open items". Residential Densities: Staff has suggested a maximum unit count for each of the residential components of the PUD be based upon the current unit quantity which would be allowable within the zoning classification that would permit the proposed use. - Senior Housing Area: • Option 1 — 'Age Targeted': Staff recommends applying the R-2 Zoning Classification standards which would yield 3.63 units per acre or a maximum of 254 units on the proposed 70 acre area. • Option 2— `Age Restricted': In the event the developer opts to develop the 70 acres as age-restricted (residents to be 55 and older), staff recommends applying the R-21) (duplex)Zoning Classification standards which would yield 5.8 units per acre or a maximum of 406 units on the proposed 70 acre area. • Note: The Concept PUD also includes a proposed assisted living facility. In terms of zoning and density, this type of facility would be considered a commercial use—therefore, the number of units would not be a zoning factor. Staff believes this provides an incentive for the developer to implement such a facility. The acreage required for this facility would be subtracted from the 70 acre total and the density formulas described above would apply to the remaining acreage in order to determine the maximum unit count allowable by this PUD. - Rob Roy Club Area: o Staff recommends applying the R-3 Zoning Classification standards which would yield 5 units per acre or a maximum of 355 units on the proposed 71 acres. 1 Beecher and Faxon Road Offsite Improvements: Based upon the traffic anticipated to be generated by this development and the expectation for much of that traffic coming/going to/from the site to the north (Route 47), staff has recommended this project assist the City by extending Beecher Road north from the subject property to Faxon Road. The estimated cost for this improvement, which includes a bridge crossing for Beecher at the Rob Roy Creek as well as replacement/widening of the bridge on Faxon Road is approximately $5.2 million. In order for traffic to connect to Route 47, the Faxon Road segment from Whispering Meadows subdivision to Route 47 will also need to be completed which is estimated to cost approximately $1.2 million. Both estimates include estimates for the necessary land acquisition. Developer Contributions: The agreement includes the following contributions/commitments by the owner/developer: - Perimeter and off-site road improvements including US 34, Beecher Road, Faxon Road; - 2.6 acre lot dedicated to BKFD for future fire station; - 8 acre lot dedicated to City for future police station; - Regional trail along Rob Roy Creek including one bridge crossing; - Over 1 million square feet of retail space. Recapture Obligations: Fox Hill Recapture: The subject property is described as `benefited area' by the Fox Hill Recapture agreement for water and sanitary sewer improvements constructed by the Fox Hill developer. Other than the subject property west of the Rob Roy Creek benefiting from the Fox Hill sanitary system, none of the subject property will connect or will benefit from the Fox Hill system. However, the Fox Hill recapture agreement clearly states that the City is obligated to pay for the oversizing (the recapture) in the event the subject property doesn't connect/benefit from it. With interest, the current obligation to the Fox Hill developer is approximately $900,000. Staff has recommended, and the petitioner is agreeable, to creating a revenue stream to pay this obligation off through the tax incentive program, whereby, a portion of the City's retail sales tax would be applied toward this obligation until satisfied. Cannonball Trail Recapture: The City passed a resolution in 1995 requiring any property benefited from the sanitary and water system funding by the City at that time along Cannonball Trail. The subject property benefits from the water infrastructure described by this resolution. The amount due to the City based on the residential unit counts recommended in the density explanation above,would range between $286,402 to $328,054 depending on the scenario developed in the senior residential area. Economic Incentives: The public improvements eligible for tax incentive include: - US 34 improvements—these improvements include widening this road to 4 through lanes and appropriate turn lanes at intersections, signalization at Sycamore 2 (permanent), Diehl Farm, and new intersection between Diehl Farm and Eldamain Road, trail along south side of 34; - Beecher Road improvements (Kendall Marketplace terminus to Faxon Road)—these improvements include 4 lane boulevard style (with landscaped median) cross section with trail on west side and sidewalk on east side; - Offsite sanitary extension through Cobblestone Development (to connect to Fox Hill system) - YBSD annexation and participation fees (estimated at $2 million) - Fox Hill recapture obligations (as explained above)—cost estimated at $900,000 The proposal includes the creation of a Business District(per 65 ILCS 5/11-74.3 Business District Development and Redevelopment Act)plus 50% of the City's retail tax share. The estimated sum of all eligible items is approximately $30 million. The Business District Act allows a municipality to assess up to 1%tax in 1/4 increments. Calculating the expected generation of taxes on 1,047,000 square feet of retail (as proposed on the PUD), William Blair& Company estimate the bonding capacity for improvement costs (bond would be more to include interest/administration costs) to be $22.5 million assessing a .50%tax (which is assessed on Kendall Marketplace) and $32 million assessing a 1.00% tax. Staff has recommended 1.00%be assessed. 3 X14. D CITY Reviewed By: Agenda Item Number a� �.1+ Legal ❑ Finance F-1 EST. � 183 Engineer ❑ ~-� �- Tracking Number 0 JIM- 18, y City Administrator El �D Consultant ❑ EDC 2008- CLE ❑ Agenda Item Summary Memo Title: Comprehensive Plan Update-Plan Commission Recommendation Meeting and Date: EDC /August 5, 2008 Synopsis: Council Action Previously Taken: Date of Action: February 22, 2005 Action Taken: Approval of Comprehensive Land Use Plan for the Southern Study Area Item Number: Type of Vote Required: majority Council Action Requested: Consideration of recommendation and scheduling of Public Hearing Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report Memorandum 0 To: EDC Esr. lz _ _ leas From: Travis Miller CC: Lisa Pickering(for distribution) 09 Date: July 31, 2008 o��ae O Subject: Comprehensive Plan Update—Plan Commission Recommendation <LE Background: Plan Commission formulated a Citizens Advisory Committee to assist with preparing the Comprehensive Plan Update recommendation. The CAC began working in November 2007 and met monthly through June 2008. During this time period, the Plan Commission also hosted two public open house events in order to gather input and feedback on the CAC work from the entire community. July 9, 2008 the Plan Commission recommended approval of the Comprehensive Plan as attached to this report. EDC Discussion Topics: - Plan Commission recommendation—Draft Comprehensive Plan adoption o Questions/concerns/comments? - Public Hearing—schedule date for City Council o Attached is a summary of Illinois Statute requirements regarding the adoption of the Comprehensive Plan for your reference. - Land Use Map - Joliet annexation impact: ■ Following the CAC work on the proposed land use map, the City of Joliet began annexation of approximately 2,200 acres of territory—a portion of which falls within the southeast portion of the proposed planning area. • Issues: o the planning area needs to be amended to reflect this annexation o the zoning likely to be approved for this territory is high density residential and commercial—this should be considered and the proposed land uses adjacent to this territory should be re-evaluated based on the Joliet zoning. o Staff have prepared a map depicting this territory along with the current and planned uses along the Caton Farm Road corridor(from 1-55) in order to evaluate appropriate land use designations within the Yorkville planning area for your review/consideration. Summary of 65 ILCS Requirements The Plan Commission's Role: 65 ILCS Sec. 11-12-5 "Every plan commission and planning department...has the following powers...:" "(1) To prepare and recommend to the corporate authorities a comprehensive plan for the present and future development or redevelopment of the municipality." "(2) To recommend changes, from time to time, in the official comprehensive plan." 65 ILCS Sec 11-12-7 "No comprehensive plan or amendment thereto shall be adopted that has not been submitted to the plan commission." The Plan Commission recommended adoption of the attached Draft Comprehensive Plan and the Land Use Map within, on July 9, 2008. The draft presented to the Plan Commission on July 9, 2008 included three definitions for Transitional Land Use (Transitional Neighborhood, Transitional Office and Transitional Open Space)— The motion to recommend adoption was subject to these definitions being combined into one Land Use category titled Mixed Use. The attached Draft Plan incorporates this refinement. Adoption of the Plan: 65 ILCS 5111-12-6 "An official comprehensive plan, or any amendment thereof, or addition thereto, proposed by a plan commission shall be effective in the municipality and contiguous area herein prescribed only after its formal adoption by the corporate authorities." 65 ILCS 5111-12-7 "The corporate authorities may adopt parts of a comprehensive plan recommended by a plan commission without adopting the entire comprehensive plan as recommended, or may modify or amend portions of a recommended comprehensive plan without a re-reference of same to the plan commission, and may adopt such comprehensive plan, as modified or amended." 65 ILCS 5/11-12-7 "The comprehensive plan or amendment shall become effective upon the expiration of 10 days after the date of filing notice of the adoption of such comprehensive plan or amendment with the recorder of the county." 1 Public Hearing Requirement: 65 ILCS 5/11-12-7 "an official comprehensive plan, or any amendment thereof, shall not be adopted by a municipality until notice and opportunity for public hearing have first been afforded in the manner herein provided." "the corporate authorities shall schedule a public hearing thereon, either before the plan commission or the corporate authorities. Not less than 15 days' notice of the proposed hearing, and the time and place thereof, shall be given by publication in a newspaper of general circulation in the county or counties in which the municipality and contiguous unincorporated territory are located. The hearing shall be informal, but all persons desiring to be heard in support or opposition to the comprehensive plan or amendment shall be afforded such opportunity, and may submit their statements, orally, in writing, or both. The hearing may be recessed to another date if not concluded, if notice of the time and place thereof is publicly announced at the hearing or is given by newspaper publication not less than 5 days prior to the recessed hearing." "Within 90 days after the conclusion of the hearing, the corporate authorities, after consideration of the recommendation of the plan commission and such information as shall have been derived from the hearing, shall either adopt the comprehensive plan or amendment in whole or in part or reject the entire comprehensive plan or amendment." Additional Notes: Land Use Map: 65 ILCS 5111-12-6 "At any time or times, before or after the adoption of the official comprehensive plan by the corporate authorities, such corporate authorities may designate by ordinance an official map, which map may consist of the whole area included within the official comprehensive plan or one or more separate geographical or functional parts, and may include all or any part of the contiguous unincorporated area within one and one-half miles from the corporate limits of the municipality." The Comprehensive Plan update, as recommended, includes the Land Use Map. Staff recommends, however, based upon the statute, that a separate ordinance be passed allowing the Land Use map to become the `official map' as defined by the statute. Planning Area vs. 11/2 Mile Jurisdiction: 65 ILCS 5111-12-5 "The plan, as recommended by the plan commission and as thereafter adopted in any municipality in this state,may be made applicable, by the terms thereof, to land situated 2 within the corporate limits and contiguous territory not more than one and one-half miles beyond the corporate limits and not included in any municipality." The current Comprehensive Plan as well as the proposed update includes territory beyond the 1.5 mile area. This is appropriate given the rate of annexation and development Yorkville has experienced, and to limit the planning area to only 1.5 miles beyond the current limits would necessitate updates to the land use plan more frequently than would be feasible to prepare. Therefore, staff recommends including the planning area as proposed on the Land Use map, with the understanding that the only territory officially under the jurisdiction of the land use map is within 1.5 miles of the corporate boundary by statute. Staff maintains a current map depicting the 1.5 mile territory at all times and updates this with every annexation. 3 United City of ary YorkvMe � a Coitilprehensive ]Plan DRAFT Boo Game Farm Road Yorkville, IL 6o56o _ Table of on en s Chapter Pages Acknowledgements 3 Community History 5 - 8 1. Introduction 9 - 16 1.1 Intent 9 1.2 Methodology 10 - 13 1.3 United City of Yorkville Planning Area 14 1.4 Vision Statement 15 - 16 2. Existing Conditions Chapter 17 - 32 2.1 Demographic and Socioeconomic 18 - 23 2.2 Natural Resources 24 - 26 2.3 Infrastructure 27 - 28 2.4 Community Facilities 29 - 30 2.5 Existing Land Use 31 - 32 3. Goals and Objectives Chapter 33 - 80 3.1 Natural Resources 36 - 46 3.2 Infrastructure 47 - 59 3.3 Community Facilities 60 - 64 3.4 Land Use 65 - 76 4. Land Use Plan 77 - 94 4.1 Intent 77 4.2 Land Use Classifications 78 - 93 4.3 2008 Land Use Map 94 5. Transportation Plan 95 - 98 5.1 Intent 95 - 96 5.2 Transportation Plan Map 97 - 98 6. Utilities Plan 99 - 100 6.1 Intent 99 6.2 Expansion Potential 100 7.Appendix 101 - 105 7.12000 Census Information 102 - 104 7.2 2007 United City of Yorkville School Site Study 105 Uhite� City of Yorkville DRAFT 2008 Comprehensive Plan 1 DRAFT 2 Acknowled (.jemen s The 2008 Plan Commission, chaired by Anne Lucietto, would like to thank the following for participating in all or part of the process. United City of Yorkville Elected Officials Mayor Valerie Burd Alderman Ward 1 Wally Werderich Alderman Ward 1 Bob Allen Alderman Ward 2 Arden Joe Plocher Alderman Ward 2 Gary Golinski Alderman Ward 3 Marty Munns Alderwoman Ward 3 Robyn Sutcliff Alderwoman Ward 4 Rose Spears Alderman Ward 4 Joe Besco City Clerk Jackie Milschewski Treasurer William Powell Plan Commission Members Chairwoman Anne Lucietto Sandra Adams Jeff Baker Mike Crouch Clarence Holdiman Jack Jones Charles Kraupner Tom Lindblom Brian Schillinger Citizens Advisory Committee Members Megan Andrews Jake Cooper Victoria Coveny Dave Dockstader Lynn Dubajic Don Duffy Fred DuSell Brent Ekwinski Tom Gilmour George Gilson Rich Guerard Deborah Horaz Kathy Jones Ron Kalina Fran Klaas Susan Kritzberg Dave Mogle Thomas Muth Peter Newton Ralph Pfister Arthur Prochaska Jr. Jim Ratos Richard Scheffrahn Bette Schoenholtz Donald Schwartzkopf Mary Unterbrunner Paula Wilkinson Nancy Wilson Angela Zubko United City of Yorkville Staff Brendan McLaughlin, City Administrator Charles Wunder, Urban Planner Bart Olson,Assistant City Administrator Greg Weber, GIS Coordinator Travis Miller, Community Development Director Glory Spies, Community Relations Officer Stephanie Boettcher, Senior Planner Nicole Leja, Community Relations Intern Anna Kurtzman, Zoning Coordinator United City of Yorkville DRAFT 2008 Comprehensive Plan 3 DRAFT 4 Community I I The Kendall County and Yorkville area was first settled around 1829 .1.1 ELM 1832. The first reported permanent structure in the area was built in 1833 by Earl Adams. The structure was located south of the Fox River, " = ' —I atop of the hill which is now home to the Kendall County Courthouse. _ '1 During the same time, Lyman and Burr Bristol began to develop property north of the Fox River. During the years 1834— 1836 the communities of Bristol, north of the Fox River, and Yorkville, south of the Fox River,were platted. These communities continued to grow as similar,but separate entities for over 100 years with Bristol incorporating as a village in 1861 1922 Map of Bristol and Yorkville in 1873. The two entities merged as the United City of Yorkville in 1957. Business in Yorkville -' - Business in the area began in 1834, with the opening of a saw mill =i operated by John Schneider in Bristol. This mill produced lumber which . facilitated the growth of both residential and commercial buildings in both Bristol and Yorkville. Despite being in close proximity, both Bristol 1' o Vi ; and Yorkville had prosperous business districts. Yorkville's was located along Route 47, also known as Bridge Street, and Bristol's along East 1922 Map of Yorkville Main Street, as it is known today. Yorkville's business district began to obtain prominence over Bristol's in the mid 1800s. This was the result of Yorkville being named the county seat along with the addition of the CB&Q railroad, in 1870, whose tracks ran immediately south of the Fox River. Most of the businesses during this time, such as Squire Dingee's pickle factory, the Yorkville Ice Company, and the Renbehn Brothers button factory, took advantage of the natural resources provided by the Fox River. Yorkville's downtown continued to be the City's only business district q until 1972 when Countryside Center opened north of the River at the Jm intersection of US 34 and Route 47. In 2004, the process began to redevelop this site and it is currently proposed to develop as a mixed-use town center. Other commercial and industrial properties have followed since Countryside Center, mainly along US 34 and Route 47. The 1970s was also marked by the opening of the Fox Industrial Park on the south end of town. In the 1990s the Wrigley Corporation opened its world Downtown Yorkville early 1900s headquarters of its Amurol Confection Division just north of Route 47 and Cannonball Trail. This spurred other industrial development in the area, including FE Wheaton Corporation. In 2007, Kendall Marketplace, at the intersection of US 34 and Cannonball Trail, opened along with ground breaking of the Rush Copley Medical Center, on US 34 west of Kendall Marketplace. United City of Yorkville DRAFT I. 2008 Comprehensive Plan 5 Community History Schools in Yorkville The first school house was built in the 1830s in Bristol with Yorkville building its first school house in 1837. In 1883, Bristol and Yorkville became a unified school district and constructed a new school, which housed grades first grade thru high school, in 1888. In the 1950s the school system expanded with a new high school followed by a new grade school, shutting down the original school built in 1888. This school, renamed Parkview School was reopened in the 20 years later, in the 1970s, due to the increase in school aged population. Parkview School was sold in 1992 and is now Parkview Christian Academy, a Bristol's original school house private school. The current public school system, which covers part of Kendall and Kane County (five communities), now has five grade schools, with three just recently opening in 2005, 2006 and 2007, one intermediate school (grades 4-6) which opened in 2004, one middle school(grades 6-8), a junior high school (grades 7-8, to open in Fall of 2008), and one high school in which a new building was built in 2002. Civic Life in Yorkville Civic improvements began in 1888 with a new fire house and city water service to in town residents, along with the new school which opened in the same year. The Beecher Community center was built in 1981 on the old game farm which was deeded to the City. The new Yorkville Public Library was also built on this land immediately south of the Beecher Center in 1983 due to the expansion of the bridge over the Fox River to a four lane bridge. The library completed a 34,000 square foot expansion in 2007. Kendall County History Kendall County was formed in 1841 with Yorkville holding the county seat until 1845. A special election 14 years later, in 1859,brought , T the county seat back to Yorkville as it continues to be today. The Kendall County Courthouse was originally built in 1864 on the same location it is today. Despite a fire in 1887, the exterior walls of the courthouse are still the same ones built in 1864. Kendall County offices have expanded since the Courthouse was originally built in 1953 Aerial view of Downtown 1864. Additions were added to the courthouse in the 1950s along with satellite buildings/office space built in 1975 across the street and a new jail, at US 34 and Cannonball Trail, opening in 1992. In 1997, a new courthouse was built to service Kendall County on US 34, and expansion plans are currently underway for the property on US 34 in 2008. The historic courthouse still remains in use serving as offices for other county departments. **Photos provided by A History of Yorkville,Illinois 1836-1986 United City of Yorkville DRAFT 2008 Comprehensive Plan 6 Community History Date Event 1829 The Kendall County(Yorkville) area is first settled. -1832 1833 The first permanent structure in the area, a log cabin,was built by Earl Adamson a hill overlooking the Fox River. 1834 The City of Bristol is platted north of the Fox River. The first business, John Schneider's saw mill, opens in Bristol. 1830s The first school house is built in Bristol 1836 The Village of Yorkville is platted south of the Fox River 1837 The first school house is built in Yorkville 1841 Kendall County is formed and Yorkville is named the county seat 1845 The county seat moves from Yorkville to Oswego 1859 The county seat returns to Yorkville,where it has stayed since. 1861 The City of Bristol becomes incorporated 1864 The Kendall County Courthouse is built on the former Earl Adams cabin site 1870 The CB&Q railroad lays tracks immediately south of the Fox River in Yorkville 1873 The Village of Yorkville becomes incorporated 1883 Bristol and Yorkville become a unified school district 1887 Fire destroys the Courthouse except for the exterior walls which are used in the rebuild 1888 New civic improvements to Yorkville include anew fire house, city water service to in town residents and a new school 1906 The Kendall County Fairgrounds, open since 1858, closes to become a State of Illinois Game Farm 1915 The Yorkville Library is opened by the Yorkville's Women's Club 1920 The Kendall County Farm Bureau is formed 1924 The State of Illinois improves US 34, a main thoroughfare to Chicago 1928 The State of Illinois opens a game farm on the site of the old fairgrounds 1936 The Bristol—Kendall Fire District is formed to service both in town and rural areas Yorkville celebrates the 100th anniversary of its platting 1947 The Yorkville Methodist Church, one of the City's oldest buildings burns down. It is immediately rebuilt and reopens in 1956 1950 Model Box opens a factory in downtown Yorkville 1952 The Yorkville Grade School is built. For the first time in history students will not attend the same school for all 12 years 1954 The Yorkville Bristol Sanitary District is formed to provide sewage treatment to the area 1957 Bristol and Yorkville merge as the United City of Yorkville The community of Bristol Station is now Bristol 1959 The new Yorkville High School opens 1960 A concrete dam is built on the Fox River United City of Yorkville DRAFT 2008 Comprehensive Plan 7 Community History Date Event 1967 Waubonsee Community College District is formed allowing for higher educational opportunities to be located closer to home 1969 The Veterans Memorial is dedicated in Town Square Park 1972 Yorkville's second business district, Countryside Center, opens at US 34 and Route 47 Fox Industrial Park opens for light industrial uses on the south side of town The Kendall County Health Department is established 1974 Yorkville's first Comprehensive Plan is completed 1975 Yorkville is wired for Cable TV 1976 Residents of the community develop Bicentennial Riverfront Park along the south bank of the Fox River A new Kendall County Office Building is built at Fox Road and South Main 1979 The state transfers ownership of part of the game farm to the city Bristol-Kendall Emergency Medical Service(EMS) is approved to provide public ambulance service 1981 The city's Beecher Community Building is built funded by the will of former city clerk Clarence Beecher. 1983 The Yorkville Public Library moved to its current location on Game Farm Road. 1984 A new, four-lane bridge is built over the Fox River on Route 47. 1990 Yorkville's municipal boundaries grow as far west as Eldamain Road, as far north as Galena Road, south past Legion Road, and east past Route 71. 1992 The state agrees to deed the remaining Game Farm property to the school district. Downtown businesses and community groups hold the first Yorkville Hometown Days. This has become an annual event which is still occurring. 1994 The City of Yorkville updates its Comprehensive Plan 1997 A new Courthouse is built to service Kendall County;however the Historic Courthouse is still used for county offices. 1999 Construction begins on a new Yorkville City Hall on Game Farm Road. 2002 The United City of Yorkville updates is Comprehensive Plan(Land Use Plan) 2005 Construction begins on the expansion of the Yorkville Public Library The United City of Yorkville updates is Comprehensive Plan(south study area) Additional City accomplishments include the Downtown Vision Plan,the Master Facilities Plan,the City's Fagade Program,the Appearance Code,the Economic Incentive Program, and the Fund Balance Reserve Contingency Fund Policy 2006 The City of Yorkville annexes 5 square miles into its municipal boundaries marking the largest expansion of City territory in a single year. 2007 The Yorkville Public Library completes its 34,000 square foot expansion project The United City of Yorkville celebrates its 50th anniversary of the merging of the City of Bristol and the Village of Yorkville Retail and commercial development continue to expand with Kendall Marketplace Development of Rush—Copley Medical Center begins United City of Yorkville DRAFT 2008 Comprehensive Plan 8 lntroduction 1.1 Intent A Comprehensive Plan is a document prepared by the Plan Commission which sets forth policies for the future development of the community. It is the result of considerable study and analysis of existing physical, economic, and social characteristics, and includes a projection of future needs and conditions. The value and purpose of a Comprehensive Plan is to rationally and objectively identify the timing uniw city of Yorktwle and location of land and infrastructure development- something that COMPREHENSIVE PLAN zoning and subdivision regulations alone cannot accomplish. However, a Comprehensive Plan is not merely a technical document; it is a community's vision for its future. The overall purpose of the plan is to create a vision and strategy for the management of the City s y _ growth over the next five to ten years. Through the use of written text, illustrations and maps, this plan will provide an image of the type of community Yorkville wishes to be in the years to come. It will suggest r a objectives and action plans for accomplishing these goals, and will serve as a manual for maintaining and improving the quality of life in �+ the City. Most importantly, the Comprehensive Plan is a guide. In order for the people of Yorkville to accomplish the vision set forth in this document, the plan must be used and its recommendations must be acted upon. The role of the Comprehensive Plan is to serve as a 1994 Comprehensive Plan Cover guidebook for planners and government officials as to the type of development that should be permitted and encouraged in the City, realizing that each new development creates a lasting impact on the City's character. The plan should also influence policy decisions in a broad range of areas including,but not limited to, the following: land use, transportation, infrastructure and utilities, environmental and agricultural preservation, economic development, recreation and open space, and housing. Finally, the plan should be reevaluated and edited periodically in light of changing conditions so that it remains the true vision of the community. The 2008 Comprehensive Plan is intended to guide the community for the next 5 to 10 years at which point an update should be considered by the United City of Yorkville. United City of Yorkville DRAFT I. 2008 Comprehensive Plan 9 1.2 Methodology U.. CIRnIY.W11, Yorkville's first Comprehensive Plan was completed in 1974 with GI,HdP[.F]1F.N514'F.PI.AH�IPMTF WEER]NGCOMMUTF.EFRAMEWORK updates in 1994, 2002 and 2005. The most current comprehensive plans guide growth and decision making for the community north of the Fox River, 2002 Comprehensive Plan, and south of the Fox River, 2005 Comprehensive Plan. 41=0 4gop In the summer of 2007, it was decided by the Plan Commission that 4=10 4EIJO 4r given the population growth, in which population has increased over 41M 41M 41M two-fold since the last Census in 2000 and is projected to continue 463P 4EIIP 4=P steadily increasing, the existing comprehensive plans needed to be updated. The Plan Commission also recognized that the two current Citizens Advisory Committee comprehensive plans should be merged into one cohesive document Framework for the entire Yorkville planning area. Following the decision to update the comprehensive plan, the Plan Commission aided by the City Council formulated a Citizens Advisory Committee to represent a cross-section of the Yorkville community, each with diverse and unique interests in the comprehensive plan process. Approximately thirty members were appointed to the Citizens Advisory Committee. The participating members and their constituency group affiliation are listed below. Ron Kalina,Ward 1 Constituency Group;George Gilson,Ward 1 Constituency Group;Fred DuSell,Ward 2 Constituency Group;Tom Gilmour,Ward 2 Constituency Group;Art Prochaska,Ward 3 Constituency Group;Mary Unterbrunner,Ward 3 Constituency Group;Peter Newton,Ward 4 Constituency t Group;Jim Ratos,Ward 4 Constituency Group;Jake Cooper,Agriculture Constituency Group;Brent Ekwinski,Banking/Financial Constituency Group; Richard Scheffrahn,Engineering Constituency Group;Nancy Wilson,Healthcare Constituency Group;Rich Guerard,Home Builder Constituency Group;Kathy Jones,Manufacturing Constituency Group;Megan Andrews,Natural Resource Constituency Group;Paula Wilkinson,Realtor Constituency Group; Susan Kritzberg, Retail/Business Constituency Group;Bette Schoenholtz, Seniors Constituency Group;Dave Mogle,United City of Yorkville Parks and Recreation;Victoria Coveny,Yorkville Park Board;Deborah Horaz,Yorkville Park Board;Donald Schwartzkopf,United City of Yorkville Police Department;Angela Zubko,Kendall Meeting of the Citizens Advisory County Planning,Building and Zoning;Fran Klaas,Kendall County Highway Committee Engineer;Dave Dockstader, School Board#115(Education Constituency Group); Ralph Pfister,Yorkville-Bristol Sanitary District;Thomas Muth,Fox Metro Sanitary District;Lynn Dubajic,Yorkville Economic Development Corporation;Don Duffy, Yorkville Chamber of Commerce United City of Yorkville DRAFT 2008 Comprehensive Plan 10 1.2 Methodology Beginning in November of 2007, the Citizens Advisory Committee met every month, either the third Thursday or the fourth Wednesday of the month at the Yorkville Public Library from 5:30—7:30 PM, to discuss a component of the comprehensive plan. This discussion aided in formulating the goals, objectives, and action plans chapter along with the land use plan chapter. Topics of discussion included natural resources, infrastructure, community facilities, non-residential land use and residential land use. Given the diversity of the Citizens Advisory Committee, some members of the committee served as an"expert" in a specific topic aiding in discussion and answering questions during that meeting. Each meeting had a similar format with most beginning with a guest Citizens Advisory Committee members presentation to familiarize the group with the meeting topic. The working on a draft land use map second half of the meeting was devoted to group discussion. The members of Citizens Advisory Committee in attendance were split into four discussion groups. These groups of 5 —6 committee members were led by staff in their discussion. Staff also recorded the discussion through hand-written notes. Following the individual group discussion, each group was given a chance to report back to the entire Citizens Advisory Committee on what they discussed. Meetings devoted to land use were of a different format, as the committee had most of the meeting to discuss the topic and each discussion group produced their own land use map. Time was given at the end to report back to the committee as a whole. Information was taken from all of the hand-written group discussion notes and compiled with common threads becoming goals and/or objectives for a chapter of the comprehensive plan. These goals and objectives can been seen in Chapter 3. The discussion notes were also included in the meeting summaries. Also, each discussion groups' land use map was referenced as City Staff completed the Land Use Plan Map seen in Chapter 4. Citizens Advisory Committee members were also given the opportunity to formally comment on the goals, objectives, action plans, land use classifications, and land use map drafted by staff either through write in comment or through consensus building at the committee meetings. Sample draft land use map drawn up by a discussion group United City of Yorkville DRAFT 2008 Comprehensive Plan 11 1.2 Methodology The general public was also given the opportunity to comment at two open houses. The first open house was held on Wednesday uvftachy ofx March 5th, 2008 at the Yorkville Public Library from 4:00— 8:00 Comprehmdw Plan Opm House PM. The March Open House drew over 100 total attendees, including 41 rinr•day,Rlprrh R, P_. $P_ fnrGti.nre•�nhre ier.n_91i'?f,a FA_k.'l Citizens Advisory Committee members, City Council members., Plan Commission members, staff, and residents. Of the over 100 attendees, 70 of them were Yorkville residents. Attendees were encouraged to comment on the natural resources, infrastructure, and community facilties section of the Goals and Objectives chapter of the Plan. Citizens were able to comment orally to Staff and other City representatives or through a hand-written comment card. Both oral and written comments were provided in a summary report to the Plan Commission and the Citizens Advisory Committee following the meeting. The second open house was held on Thursday June 19th, 2008 at the Yorkville Public Library from 4:00— 8:00 PM. The June Open House NO) drew over 75 total attendees, including Citizens Advisory Committee members, City Council members, Plan Commission members, staff, Flyer for the March Open House and residents. Of the over 75 attendees, over half of them were Yorkville residents. Attendees were encouraged to help prioritize all of the goals and objectives,presented in draft form, from that chapter of the plan. To prioritize the goals and objectives, attendees were given six blue dots, or stickers, which they stuck to poster boards displaying the goals and objectives. Attendees were asked to place stickers by the goal or objective which they felt was the highest priority for the City of Yorkville to implement. Attendees were able to vote multiple times for one objective. Top vote getters were: Section, Goal, and Objective Number of Votes Infrastructure, 2, 2.1 19 Natural Resources, 4, 4.2 12 Infrastructure, 2, 2.2 12 Land Use, 1, 1.5 11 Iii Infrastructure, 4, 4.1 7 Community Facilties, 1, 1.3 1 7 March Open House Please note that this is not an exhaustive list of the goals and objectives,just the top six vote getters, as their was a tie for fifth place. This priority ranking does not imply anything about implementation process, but provides additional information going forward on which United City of Yorkville DRAFT 2008 Comprehensive Plan 12 1.2 Methodology United cloy of Yor k those who attended the June Open House felt were the of the highest Comprehensive Fla©. Open Ho priority for the City to implement. For further information on the 7e vaimc.jranr 19,+z,.m._a i-ar Goals and Objectives listed, please reference Chapter 3. Goals and �-atirk��Yllr]'cr1s1lc[-{Urviry,sa;c:nmc. nrrn fe.naeE Objectives Y What's your PLAN for YorkuilIe7 Objectives on pages 33 - 80. Also, please note, that Chapter 3. Goals . ; and Objectives is not ordered by priortity. Landllse @arr nitNU.e rantl uae map anm Gaats. ,a� Actlon plans m„natl�.a ., mns nl,n Manbnpan Attendees at the June Open House were also able to comment orally �aaa aatlr�h,.ntlam.a,.a«�� tl�,� Emsting Condit Iannn¢- .npm�an�.�r, Wnlil a>a ha oa. to Staff and other City representatives or through a hand-written pPma :inf Rn°pe.mm�.. E,a„park M ae&talinn MasM Plah a.ranaadx tar comment card. Comments were provided in a summary report to the review and cwurrient Tapirs Indude:. Plan Commission following the meeting. rgan n°cp'ryR Mm.. cancaptum Pram 9tap Sim Planning Areas - Pmk ann RecreptwR 6ept. M� Rps � Following the open house in June, changes were made to the draft give us your Inputs per citizen comment from the June Open House. At the July 9, P9eatd MAW IN Upon N®Wm rrpin,� it,orr 9 Ipg,,, ,u, , 2008 Plan Commission meeting the Citizens Advisory Committee ......”" """°` ° p"�'"""°"'��"""�"� gave its recommendation for approval of the submitted draft of the comprehensive plan to the Plan Commission. Plan Commissioners Flyer for the June Open House were given the opportunity to comment, review, and revise the draft of the Comprehensive Plan following this meeting. The Plan Commission has since finalized the document, in its current presented form, and presented it to City Council for approval. A public hearing was held at the City Council meeting for additonal public comment. f June Open House United City of Yorkville DRAFT 2008 Comprehensive Plan 13 1.3 Planning Area Illinois Municipal Code states that a Plan Commission has the authority to prepare and recommend a comprehensive plan for present and future growth and redevelopment to be adopted by the City. The Comprehensive Plan, "may be made applicable,by the terms thereof, to land situated within the corporate limits and contiguous territory not more than one and one half miles beyond the corporate limits and not included in any municipality" (65 ILCS 5/11 - 12—5). Given this and the existing and proposed boundary agreements with surrounding municipalities (Millbrook, Montgomery, Oswego, Plano, and Sugar Grove), the United City of Yorkville Planning Area is generally, US 30 to the north, Boundary Agreement lines with Montgomery and Oswego (north of the Fox River) and Grove Road (south of the Fox River) to the east, Helmar Road to the south, and Eldamain Road(north of the Fox River) and Highpoint Road(south of the Fox River)to the west. This area encompasses approximately 47,970 acres, or approximately 75 square miles. A map of the United City of Yorkville's municipal boundaries and 1.5 mile surrounding planning area can be seen on the following page. United City of Yorkville DRAFT 2008 Comprehensive Plan 14 Au Legend L—J Yorkville Boundary Sugar Grove —eP I s Proposed Yorkville Planning Boundary 2008 United City of York ---;----e --------------1-2------ ----------------- ------------- R... mery -------- ---- -- L----------- L L 9 7 r! Piano 6 I Oswe j ---i C",V I• :r L A, LJ A A Yorkville t ............... .4 f 11 rl Afilidt,1 x SW,week k II U—J --—--—--—--—--—--—- L 01 Plattville sj United City of Yorkville The Data is provided without warranty or any representation of accuracy,timeliness,or completeness.It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and Proposed 2008 Planning Boundary appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. June 19, 2008 1.4 Vision Statement United City of Yorkville Vision Statement Adopted 9/11/2007 by the United City of Yorkville City Council Yorkville continues to embody the social and physical characteristics of a small town—epitomized by a sense of community and a charming, revitalized downtown. The mechanisms established to engage residents,businesses,youth, seniors, and special populations, help leaders make decisions. Our strategic location will encourage continued development and expansion of the community, for which we have effectively planned. Successful planning efforts have achieved a mutually advantageous balance among retail, service, industrial and residential development. Such plans, in combination with development exaction programs, assist Yorkville in maintaining a reasonable tax base to fund services. Foresight has also prevented Aerial view of Downtown Yorkville growth from outpacing quality service provision to an increasingly diverse population—requiring housing alternatives to accommodate a variety of income levels and accessibility preferences. Development will challenge residents' ability to effectively traverse the community. However, the City continues to encourage neighborhood connections through its planning processes—ensuring opportunities for vehicular,pedestrian and non-vehicular travel to avoid congestion, primarily created by Route 47. Blending community with nature through beautification efforts remains a high priority. By requiring developments to provide and improve large open spaces and by creating walking paths along the river,Yorkville has ensured there is room for both recreation and relaxation in beautiful public areas. We realize that growth, diversity and state funding limitations are all critical challenges for the community to navigate in order to maintain Yorkville's reputation for an excellent public school system. Finally, recognizing the importance of collaborative relationships to Yorkville's long-term success, we seek to foster an environment of mutual benefit among and between elected officials, staff, citizens, and other state and local governments. Residents enjoying Riverfront Park along the Fox River United City of Yorkville DRAFT 2008 Comprehensive Plan 15 1.4 Vision Statement Our vision is brought to life through perceptions, decision-making activities, events and experiences such as: • Emphasizing the river and downtown as focal points of the community's identity • Acknowledging and celebrating our history to provide a commonality of citizenship • Supporting community events that encourage a sense of family, community and affiliation The picturesque Fox River • Maintaining community assets • Fostering relationships and developing systems that prepare the City for development opportunities • Assessing the transportation and development impact of the Prairie Parkway • Establishing efficient development processes that allow the City to compete for targeted development types • Safeguarding property values by adhering to high building standards • Expanding the park system and recreational programs to . support community growth • Seeking input routinely from the community on issues of significant concern • Providing opportunities for people of similar ages and/or interests to interact Residents celebrate the opening of Raintree Park Becoming a recognized leader in environmental matters, • including Community sustainability • Creating systems for routine collaboration among and between organizations that influence City goals. United City of Yorkville DRAFT 2008 Comprehensive Plan 16 Existing The following sections contain community profile information establishing the existing conditions for the United City of Yorkville planning area at the time of this Comprehensive Plan Update in 2008. The information presented in these sections was also given to the members of the Citizens Advisory Committee to help them in formulating goals and objectives and in their land use decisions. This chapter is intended to provide the background information necessary to aid in understanding the policy and guideline decisions made in the rest of the document. It will also allow one to follow the Citizens Advisory Committee's decision making process. United City of Yorkville DRAFT 2008 Comprehensive Plan 17 2.1 Demographic & Socioeconomic A 2008 report by the United States Census Bureau identified Kendall County, Illinois, in which the United City of Yorkville is the county seat, as the fastest growing county in the nation from 2000 to 2007 with a 77.5% increase in population during this time. A 2006 report by the United States Census Bureau identified Kendall County, as the 4th fastest growing county in the nation with a 45.8% increase in population from April 2000 to June 2005. These two reports show sustained rapid growth in the county during the 7 year period particularly from 2005-2007 in which the rate of growth increased 31.7%. The City of Yorkville has exceeded this rate of growth with an 81% increase in population from 2000 to 2005 as seen in Figure 2.1. This change in population along with the changing physical landscape that comes with it,were key identifiers for the need for an update to the existing comprehensive plan. Due to this, demographic and socioeconomic characteristics, along with the additional sections of this chapter, are an integral part of the 2008 Comprehensive Plan Update as it tells the story of were Yorkville has been in the past and where it may go in the years to come. Information was provided by the United States Census Bureau along with supplemental information from the Yorkville Economic Development Corporation. Census information is based on the City boundaries, not the entire planning area;however these statistics will be considered representative of the entire Yorkville Planning area. The information provided by the Yorkville Economic Development Corporation is based on a 3 mile radius drawn around the intersection of US 34 and Route 47. While this trade area may take other municipalities into account it is the best representation of Yorkville's municipal boundaries with the most up to date information.Additional demographic and socioeconomic trends strictly from the 2000 Census can be found in Appendix 7.1. United City of Yorkville DRAFT 2008 Comprehensive Plan 18 2.1 Demographic & Socioeconomic 12,000 Current population is based on the decennial Census studies from 1960—2000 and the two special Census studies taken °°° in 2003 and 2005, Figure 2.1. In 2005,Yorkville had a 6.000 population of 11,204,which as was previously mentioned, is an 81% increase in population in 5 years. In 15 years, 6,000 since 1990, the population has increased 185% from 3,925 to 11,204. 4,000 2,000 0 1960 1970 1960 1990 2000 2003 2005 Figure 2.1 Change in Population Following the 2003 Special Census, the United City of Yorkville staff has done a population projection based 70,000 on the number of housing permits issued each year and the average number of individuals per household. This 60,000 ratio of individuals to household is also tailored to the 50,000 type of housing unit which was built. Since a Special Census was done in 2005, the population projection for the 40,000 United City of Yorkville, Figure 2.2, shows the projected 30,000 population by year from 2006—post 2012. This projection takes into account the entire planning area, not just the 20000 municipal boundaries as with the Census. At the end 10,000 of 2007,Yorkville had a projected population of 15,240 residents, a 10.6% increase from 2006 and a 36% increase 9 2006 2007 2006 2009 2010 2011 2012 Pos12012 in population from the last Special Census in 2005. It is Figure 2.2 Population Projection projected that by 2012 Yorkville's population will increase by 216% since 2007, with a population of over 48,000 residents. Beyond 2012,Yorkville's population is projected to increase up to 64,000, a 319% increase since 2007. United City of Yorkville DRAFT 2008 Comprehensive Plan 19 2.1 Demographic & Socioeconomic 45% The most notable trends in age demographics is that the age 49% bracket of 20—44 decreased by 1.8%, the age bracket of 35% 45 —64 increased by 2.4%, and the age bracket of 65 and older decreased by 1.7% in 5 years, from 2000-2005. The 20% increase in 45-64 year old age group is common through 25% out the United States as the "baby-boom" generation 10% continues to age. However, 71% of the Yorkville 15% population, in 2005, is under 44 years of age, identifying 10% that Yorkville continues to attract and retain families of 5% whom the majority of the population in these age brackets. 0% U,de,5 5_19 20_44 45_61 65md.1d.r 02000 Census 92003 Spe WCensus 02005 Special- Figure 2.3 Change in Population by Age United City of Yorkville DRAFT 2008 Comprehensive Plan 20 2.1 Demographic & Socioeconomic The series of figures,Figure 2.4-Figure 2.6, represents the change in racial makeup from 2000 to 2005. This trend shows the white population decreasing by 3.2% in 5 years from 98.2% of the population to 95.0%while the African- American and Other categories increased by 0.9% and 1.8%, respectively. There are two important things to note in this inventory. First,the four percentages listed may add to more than 100% as individuals were allowed to report more than one race. Also, the Hispanic population is not included in this information, as the United States Census Bureau tracks this information separately, as Hispanic is MW„„a(H-) .Aft---Ii—0.7%)DAaian(05%) oor„.r,z9%, considered to be a cultural representation as opposed to Figure 2.4 2000 Race a racial representation. However, in 2005, 6.6% of the population (of any race) is considered to be Hispanic. This is a 3.7% increase since 2000, the most notable trend in Yorkville's racial/cultural dynamic,which is consistent with the national trend as the Hispanic population is the fastest growing throughout the nation. MW„ile(96.4%) MAfrina 4-n—(09%)GAaian(0.7%) GONer Figure 2.5 2003 Race MW„im(9s.0%I �Aftican-Am eaten l9%1 oAaian(fs%) comer fa.a%i Figure 2.6 2005 Race United City of Yorkville DRAFT 2008 Comprehensive Plan 21 2.1 Demographic & Socioeconomic One of the few economic trends surveyed by the Census 180.0% Bureau in a Special Census is the amount of total housing Do- units and the occupancy and tenure rates of these units. In 80°q° 2000, there were 2,291 housing units which increased to M.% 3,321 in 2003 and 4,443 in 2005. In the five years, 2000- °°.0% 2005, there was a 94% increase in the total housing units s0.0% in Yorkville. This trend mimics the substantial population growth along with the increasing amount of land within ,00% Yorkville's municipal boundaries as the City still continues 200% to annex. However, as the amount of housing units rise 10,0% as does the amount of vacant units, Figure 2.7. The ,.% increasing number of vacant units can be attributed to Occupied Ow.11i.g Units Units 6200 02003sp.<l.l°...e.Q2005Sp-.1C the increasing number of residential developments under Figure 2.7 OccupiedNacant Dwelling Units construction, approximately 20 residential developments were under construction in 2007, in which units are built prior to purchase to serve as models and/or to provide ease in moving. It is expected that the amount of vacant units will decrease in the coming years as more residential developments build out. Of the occupied dwelling units, housing tenure (ownership structure), is measured, Figure 2.8. Since 2000, the amount ° of owner occupied units has increased by 8.9% to a total of g°°% 81.1% of the total occupied units owned versus only 18.9% 800% rented. This information is indicative of a more stable °°% residential base. 60.0% 50 0% M- g0.0% 10.0% Owner 0cc.pl.d 0w.111.g Units R-n,0—pl.d Dwelling Unit. .zp°°-<., 021055p.<mILM Figure 2.8 Housing Tenure(owned/rented)for Occupied Units United City of Yorkville DRAFT 2008 Comprehensive Plan 22 2.1 Demographic & Socioeconomic According to the Census Bureau, in 2000,Yorkville had a ox median household income of$60,391. Median household 39°x income identifies the income level of the household in the middle of the income distribution. Yorkville's per 250% capita income, in 2000, was $24,514, which is the average 19.9x income per person. This is found through dividing the 0 total aggregate income for the City of Yorkville by the 1s.°x total number of individuals. Typically, median household °x income is used an income gauge. According to the °x Yorkville Economic Development Corporation,based on a 3 mile radius surrounding the intersection of Route °9x 34 and Route 47 the median household income in 2006 Less 1A°e $10,000- $15,000- $15,000- $35,000- $50,000- $75,000- 5100.000 $150,000- $200,000 Or $10,000 14,999 14.999 34,999 49,999 74,999 99.999 149.999 199,999 more 1 Figure 2.9 2000&2006* Comparison of Households was $90,128. This is almost a 50% increase of median by Income (*2006 Information provided by YEDC household income. This trend can be seen in Figure 2.9 as via Tactician Corp. 2007) larger percentages of households have increased median incomes. 300% Figure 2.10 represents the percentage of employment by industry comparison between the 2000 Census and 15.0% the major private and public employers in Yorkville 10.0x as tracked by the Yorkville Economic Development Corporation (YEDC), as of February 2008. Only the top 5 15- employment sectors are shown. The YEDC information is representative of Yorkville's top 25 private employers and 19.Ox the top 4 public employers and is not an exhaustive list as with the 2000 Census. Due to this, some of the percentages may be skewed. Despite this, the information is still useful in identifying the major shifts in employment, such as in 0.9x °°°°m'°,=1r°°°° E°°°°1w°e'$e'°;°ee ^°°°mm°°°°°° °`°°° the Public Administration (Local or County government) °, Figure 2.10 Employment by Sector(*2008 and the Retail Trade Industries. It also identifies that Information provided by YEDC) Manufacturing continues to be the largest employment sector for Yorkville. United City of Yorkville DRAFT 2008 Comprehensive Plan 23 2.2 Natural Resources Natural resources include,but are not limited to, woodlands, grasslands, wetlands, lakes and streams. They include areas which are in public parks (i.e. state parks, forest preserves, and local parks), within public right-of-ways (i.e. easements and stream banks), and private properties. Identifying the location of these natural features not only aides in preserving these features,but also celebrating them as a unique amenity to the City of Yorkville. The following is a set of base maps which are useful in identifying the most appropriate preservation and buildable locations in Yorkville's planning area. The following maps include: Topographic Map Information obtained from the Kendall County, Illinois GIS. The map displays the changes in slope within the planning area. Low lying Residents take advantage of one of areas are marked by green contour lines, while higher elevations have Yorkville's natural resources,the Fox red contour lines. Spacing between lines represents a five foot change River in elevation. Lines which are spaced close together represent areas of steep changes in slope. Examples of these areas include the ridge line south of Route 71 and the stream banks along the Fox River. Overall, the lowest elevation in the planning area is 560 feet while the highest elevation in the planning area is 820 feet, a change of 260 feet total throughout the area. Floodplain/Watershed Map Information obtained from FEMA and USGS. The map displays the areas contiguous to rivers and streams identified by pink, blue, or green,which are equal to or less than the highest potential flood level. Areas which are highlighted in pink or blue represent areas in which mandatory flood insurance is required due to a I% chance annually to flood and a 26% chance of flooding over a 30 year mortgage. These areas are considered high risk areas for flooding. Areas highlighted in green do not have mandatory flood insurance regulations from FEMA and have less than a I% chance annually to flood. These areas are considered low or moderate risk areas. In general, all floodplain areas either prohibit development or have additional wetland mitigation necessary in order to develop. Watersheds are also included on this map to identify the land which feed into each water body in the planning area. These areas are identified by the earth tone colors on the map. United City of Yorkville DRAFT 2008 Comprehensive Plan 24 2.2 Natural Resources Soil Classification Map Information obtained from USDA. The map displays soil properties which should be considered when a property is developed. Locations shown in brown are soils which are considered prime farmland. Prime farmland as defined by the United States Department of Agriculture, "is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is available for these uses." Locations in yellow are those very -- - - — limited to development. Soils were considered in their suitability for dwellings with and without basements, small commercial buildings, and local roads/streets. For a soil type to be considered very limited to development, for the purposes of this Comprehensive Plan, a soil had to have three or more limiting features in the highest rating class in each of the categories listed above. Areas which are not classified, Yorkville's prime farmland is one of its which include floodplains and floodways, should not be automatically many natural resources considered suitable for development, instead these soils should be identified as not fitting into the above listed categories. By no means, does this map identify areas in which development should or should not occur. It is merely a tool to identify that extra consideration should be given to developments in these areas due to the continuing decline in prime farmland and the potential building limitations. United City of Yorkville DRAFT 2008 Comprehensive Plan 25 2.2 Natural Resources Open Space Opportunities Map Information obtained from The Conservation Foundation (Protect Kendall Now! Plan). The map identifies current and future lands which are or can be preserved as open space. Areas which are either existing public or private preserved open space are shown in light/ dark green. Open space opportunities, in red, represent a 150 foot buffer along all streams, wetlands, and 100 year FEMA floodzones. Additional open space opportunities, in gray, represent potential open space areas identified by the Protect Kendall Now! Steering Committee. Developable Land Map Generic representation of land within the planning area which has the potential to be developed. All land which is currently developed, under construction, listed as open space opportunities either current or proposed(on the aforementioned map), or within floodplains or floodzones were subtracted from the total planning area. The remaining land approximately 45 square miles, in purple, represents the developable land within Yorkville's planning area. 45 square miles of developable land is over double Yorkville's current, 2008,municipal boundaries which contain approximately 20 square miles. United City of Yorkville DRAFT 2008 Comprehensive Plan 26 / - LY a f1 -_ --------------- -_-_-_-_- _ _..'~� - r --- i � a � 1 �--- � .. ,� } /� � � � � 8 ' I , � , � � � 9 i 0 H77 t //h� 2.3 Infrastructure Infrastructure is a twofold definition. First, it represents multimodal transportation systems which includes automobile transit and roadway systems,public transportation systems, airports and air travel,railroad (freight and commuter) systems, and bicycle and pedestrian transit systems. Transportation systems can be local, regional, state-wide, or even national. The United City of Yorkville and Kendall County already have a number of transportation plans in place in regards to automobile and roadway systems. These plans include: • 2003 United City of Yorkville Transportation Study • 2006 United City of Yorkville Transportation Model • 2007 Kendall County Transportation Improvement Plan Second, infrastructure also includes utilities, such as water and wastewater systems. A majority of Yorkville's planning area is serviced by the Yorkville Bristol Sanitary District with part of the planning area serviced by Fox Metro Reclamation District. The service areas of these two sanitary districts are important in identifying Infrastructure includes railroad systems proper locations of growth opportunities. Future expansion maps for these districts include • 2007 Yorkville—Bristol Sanitary District Future Wastewater Collection System Map • 2008 Fox Metro Reclamation District Boundary Map The plans and maps listed above,but not limited to these, shall be considered appendices or an addendum to the Comprehensive Plan to provide more detail on that specific topic. These documents will not be included in the appendix section of the Comprehensive Plan. The following set of base maps provides a current assessment of Yorkville's infrastructure not addressed in the plans listed above. United City of Yorkville DRAFT 2008 Comprehensive Plan 27 2.3 Infrastructure Airport Map Lists all public airports within 50 mile radius of Yorkville. There are two primary airports, four reliever airports, and six general aviation airports within this 50 mile radius. Primary airports are public, commercial service airports which service more than 10,000 passenger boardings a year. These are considered airline hubs. Reliever airports are designed to relieve congestion at primary airports and can be publicly or privately owned. General aviation airports are either public or private which service 2,500 to 10,000 passengers a year. Prairie Parkway Alignment Map The Prairie Parkway is a future highway project intended to connect Interstate 80 to Interstate 88. The current Illinois Department of Transportation (IDOT) alignment, B5, is shown along with the proposed highway interchanges. There are two highway interchanges in Yorkville's planning area, one at Route 71 and the other at Route 47. The project just completed its final environmental impact study and is under review by various federal agencies. Once a record of decision is submitted by these agencies, IDOT has the approval necessary to build the B5 alignment. The project will move into final design and construction, as early as 2009. Rail Line Services Map There are two rail lines serving Yorkville, the Burlington Northern — Santa Fe (BNSF) and Illinois Railway Inc. The BNSF runs both passenger and freight service nationwide. Passenger and commuter rail is not currently available in Yorkville, but is provided in Aurora, Illinois through Metra and Plano, Illinois through Amtrak. Feasibility studies have been done by BNSF in regards to extending Metra service to Kendall County with a potential commuter train station in Yorkville. No significant action has taken place on the project since the studies were completed in 2001 and 2002. 2008 Draft Trails Map This map shows proposed trails as a dashed line, and existing trails are shown as a solid line. For further information on trail development please reference Chapter 5. Transportation Plan on pages 95 - 98. United City of Yorkville DRAFT 2008 Comprehensive Plan 28 Legend 83 20 Airports 11 12 11 11 5 12 36 75 32 19 11 83 14 Primary 67 31 50 50 15 • 83 50 50 12 (32 Reliever 16 12 7 45 41 13 17 17 7 1 General Aviation j 47 5 83 50 Mile Radius of Yorkville ; 73 Waukegan 31 13 13 C�' Regional United City of Yorkville GIs 14 2 13 13 I i 1 173 I I 12 21 12 60 137 I � 14 83 17 A.00 i —0— 47 59 I 60 23 11 ke 4, 12 1� 22 22 62 I� � 53 --- --------------------- -------- --- 47 ------------ - --------------- 83 45 — - 31 25 68 63 Pa 62 'u n Ci�a 1 \ � 72 I 58 23 1 20 a rg 58 21 45 / R ® 72 �i 64 Dekalbli �- L_---^ 19. 1� - 83—°t 14 a, Taylor Municip 1 Fa25 20 - Airport a 59 ChlCa,gO ; 12 � i vie --L ts� 38 64 O=Hare-Ilntl'' 20 Municipal �i 47 SI 5 45 38 a1 i Ai r�port ; 53 56 �[ 23 Aurora 56 I 43 Chicago 34 (( Mu6icip I 30 , z° Mid l`way — 31 C 83 1 - I ----- -- X25. _I I �—--- ---------Clow Clow --- ,53,� 17 20 Gary 1 Yorkville Airport�"� -- Sandwich Airport - glOrlal I I -- — -; 30 12 ` 83 1 12 a1 12 awls UIn� � s 15 1 20 II 59 Airport 34 23 47oliet Regional 53 5 83 Air p, 30 73 71 52 30 30 I I 9 Morris Airport j 50 231 23 � 52 I I i 5 I I 5 [ I 47 71 ' 53 I 12 �� ------- 2 23 i 17 I J 41 I 1 11 II 10 23 18 18 ; 45 50 -- --------------- ------- ------------------------- 17 I 17 1 41 47 I 1 17 I 11 Great e Kankakee II C4J "Airport---------------- --------—� _------- - 14 23 j I I I 1 � as 11 I I ----i Pontiac 11 ; 5 Municpa I I 52 I 11�C Airport 11 49 16 United City of Yorkville 5 2.5 0 5 10 15 20 The Data is provided without warranty or any representation of accuracy,timeliness,or completeness.It is the responsibility of the Airports Map Miles "Requester"to determine accuracy,timeliness,completeness,and appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. June 19, 2008 N 1_1 Campton Hills I F N St. les IT" 4 W 1111 - Legend Prairie Parkway GL, t Chica B5 Alignment en a J 41 Elbur Interchanges F-1 47 United City of Yorkville GIS 31, !j B a IL, 25 J� F Wa envil� N, 56 L-J- l North 7 F__LJ P\ L nckilHi --------- r 3 Suga Grove J 25 31 _A q. "_�Oome L_L� r__ —------ — ------—-------`—-— -j Nap?rville F [_ T_ f L r 0SWIP L L 2_ ------jr-, _j L hanof 4' L j 34 3 7 Sanclw!'�h, t Plainfield 7 r J 2 r-1 ILI 2 Mil L__ i--j 19 1 41 n -------- 7_ LIloliet WOOMM MR F_ I Newar i Plattville L------------ lbhorewo4 d 5� J 1 1 D —Aisbon ---------------------------- L------------------------------------------------- M i o k -ell I II I 1 7 j- L on 6 F j L t United City of Yorkville 1 0.5 0 1 2 3 4 The Data is provided without warranty or any representation of accuracy,timeliness,or completeness.It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and Prairie Parkway Alignment Miles appropriateness of its use.The United City of Yorkville makes no June 19, 2008 warranties,expressed or implied,to the use of the Data. j ______Sugar Grove ! ! Px E Legend I ` �I W , I c• Burlington Northern Santa Fe RR Illinois Railway, Inc. RR ----___ Spur __-- Yorkville Planning Boundary Mbnt orriery 2008 n— _ I i I= =---------- United City of Yorkville GIS ----_-----_-- � ; ------- =i------------- - - E----- I r .,... — T-- j I , ,I 1 1 ` i J ( lu n i — -- — — ••mot ® �.�.. let Plan i i I �• ��. D VON 1 . , I •• qQ I i 1 r ti� \ h : Ip • �_ d as�9`�a ` � � I••, o � „ , � •. •• o D :emu �.1 <] r ti�••1 � r, � • � ��1 ••: �.. 1 j 10. :' • +� '•�� Yorkville I bro' k "�••� ;.:i I y I 1 .• �•.i %7 `� D a ,J a 11 � II 11 1 R ulm lu.,'S.W C—A 11 1 11 1 C� -_------Commonwealth Edison F.E.Whea n I Hydraulic Ave �. Spur Line Spur Lin 2 Spur Line 3 ;\ - Keaton-Aue Z I , e -------- ---a =a 1 r E-Hydraulic-Ave ///inois Rai/net RR Plano Yorkville d j @ Faxon.R,d m I w \Faxon,Rd y =E van E-mmon-St j 0,Murtrie-WaY United City of Yorkville 0 The Data is provided without warranty or any representation of .5 0.25 0 0.5 1 1.5 2 accuracy,timeliness,or completeness.It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and RailLine Services Miles appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. June 19, 2008 Legend _-- i --- Sugar Grove g �� I i �� J i� �• w��e Trails I v Trail Status - - — Proposed Trails Existing Trails Proposed County Trails I _ Trails Outside of Yorkville , Mont�ome Proposed Yorkville Planning Area Parks city I ------- --- --s 1--'-f v'--- '-:. — ®Forest Preserve --------------- — – -- ----------- r , i�Hoover Educational Center ! 1 \ i ■ �'-- -� t Private/HOA L. - _State United City of Yorkville GIS �{I �_- -I i -I L — DRAFT ;• I - I I Al. _J , - "-- - =- - i - - - - - .. I ; rT� J I i t---• - i rte`-' ,` ' L I 1 — j r• .J 00 100, ■ I j 1 , p I ;♦ ! ! L' - \ I ' I 1 1 11/ 1 1 v/ 0 ■ .. I I , I I tvi I I i United City of Yorkville The Data is provided without warranty or any representation of 0.5 0.25 0 0.5 1 1.5 2 accuracy,timeliness,or completeness.It is the responsibility of the • "Requester"to determine accuracy,timeliness,completeness,and Trail Miles appropriateness of its use.The United City of Yorkville makes no June 19, 2008 warranties,expressed or implied,to the use of the Data. 2.4 Community Facilities Community facilities describe services provided to residents by a municipality. Generally, community facilities are all city buildings or locations and services provided by those locations, i.e. City Hall, Police Department, Public Works, and Parks and Recreation. Community facilities also include schools, fire stations, and libraries. Community facilities and the services rendered from them directly impact and can improve residents' quality of life. As with the Infrastructure Section, the United City of Yorkville already has a number of community facility plans in place. Other than the 2007 United City of Yorkville School Site Study, these documents should be considered an addendum to the Comprehensive Plan and are not located in the appendix. The plans include,but are not limited to, • 2005 United City of Yorkville Downtown Vision and Community Facilities include schools Municipal Facilities Plan such as Parkview Christian Academy • 2008 United City of Yorkville Parks and Recreation Master Plan Update • 2007 United City of Yorkville School Site Study • 2004 Kendall County Trails and Greenways Plan • 2007 Bristol Kendall Fire Protection District Existing and Future Facilities Map The following base map locates the current community facilities within Yorkville's planning area. Existing Community Facilities Map Shows the existing facilities for the United City of Yorkville, Kendall County, Bristol Kendall Fire Protection District, School District, and other entities. United City of Yorkville DRAFT 2008 Comprehensive Plan 29 DRAFT 30 N Legend — Wti��E Community Facilities j I — _ Bristol Kendall Fire Protection District >IQ Kendall County Administration Offices — — '— — — —"--""— Kendall County Courthouse Kendall County Highway Department ------ ----- ------------------------------ntg omg� Kendall County Public Safety Center Baseline Rd 3U ! n-I - ----- ---- Post Office --- I — l__---- i Schools(Public/Private) I------------_---=- BtiSt01 E mentary 6a' I S�h United City of Yorkville Parks&Rec Dept i �-ool jp I I 0 .� ■ West Hydraulic Park Canoe Launch Q Yorkville Police Department 1111 Yorkville City Hall /--� ® Yorkville Public Library Yorkville Public Works Parks r I I OWNERSHIP City I I I r' I - 'a .`�- t 'Grand e Forest Preserve m I- 47 —,Bristol Gra _ le / 25 Hoover Educational Center r i School -- -- State —__—" Bl ac k rry ks -� — -------- -.� �� .� o our Proposed 2008 Planning Boundary ---_. Plano X%� . \ • 34 United Cit y of YorkGville IS nu�ba\t S Ca \ /-r a qA 71 I — — �: --• r' I . ' i I Oswego — I Yorkville High Schdol: j 1 --•\ _'or ille High School Academy/Grade School ' 1_-r —' Parkview Christian Academ jy / ` 0 ••_____ I ■ 1 Ircle nter Grade School Q ■ kvil�Jntermediate School ■ \ r� 3 p P Peac ful Pathwa s Montessori Acad my ■ LMM Z ■ 'dg Millbrook �1 l.; °�,/ �l Yorkville Middle I" b I —_ School 12 ■ t �--------------- ■ 71 ,11 i a b / a B >> I � i Walker Rd 47 Caton Farm Rd Helmar Rd I I I Plattville i r i i United City of Yorkville The Data is provided without warranty or any representation of 0.4 0.2 0 0.4 0.8 1.2 1.6 accuracy,timeliness,or completeness.It is the responsibility of the Community Facilities Miles "Requester" determine accuracy,timeliness,completeness,and appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. June 19. 2008 2.5 Land Use The following base map displays the existing land use conditions within Yorkville's planning area. Existing land use was determined by reviewing the current use of the land along with any proposed development plans, which are classified as entitled projects, for properties. The existing land use map is displayed here to allow for ease in recognizing changes in or similarities between existing conditions and the future land use map. Generally, the land uses have been divided into seven uses: Residential, Commercial, Industrial, Office, Park/Open Space, Public/Quasi Public, and Agricultural. Residential—identifies all residential properties and developments. Includes residences in agricultural areas which are on a separate parcel than the agricultural use. Commercial—identifies all existing commercial areas of all intensities. Industrial—identifies all existing industrial areas. Office—identifies all existing office areas. Park/Open Space—identifies all existing recreational park space and publicly conserved open space Public/Quasi Public—identifies all existing local and county governmental buildings, schools, churches, libraries, etc. Agricultural—lands not classified as any of the existing land uses listed above is considered agricultural. United City of Yorkville DRAFT 2008 Comprehensive Plan 31 DRAFT 32 Legend Existing Land Use Le EiXiSti n " Public/Quasi Public Agricultural Commercial rT Industrial Office Parks GS- I esidential ' o= 1V � 141E r.-,.. \ :.�.p��UDO`� __ 1�•�,,, /// °ss"is=' :. �,�;. ==s:. ;:`''its. �E. ��♦ - t �'�, �� ,i �,,,�I�aE:.4R�.%y?� .Iii�.1 .p'un�o:`.::��,'� 7.��°''°°'''„ ♦QO • r � r �.� �. _` - �yir' L•.=€:;;;;::sir": _ •,, 1�1� !. ■ 1 �► •c�,!f�df!I� �.::��:"€19•,,•'E _y�� ,.I�� %uq�i ��n►?,vli� /.�1„"/�1��10�1►i►"j��J��.`� ® N°•st _ ,►I��111►,aa, e, �► 0 NI ►i►�• 14 QtWI • yam\ � -=__iiiii 1� I'��-__ ��IIIIIII/ . � � - �::,_.es '-•`^•; :--ice' .� ,. . •- - _ ;c;� l�.�i�' gip.: •• X04► inn _. ��;..; __ Ilrrlll:rlrr.�l:r...►1�!1� i�.�� '�•••p iid /•.. �� _VIII\. � i O. ■ 7 ■ ■ ' I R” l Goals n ec ives As described in the introduction, the most importation function of a comprehensive plan is to serve as a guide for the community in future land use and policy decisions. In order to accomplish the vision set forth in this document, the plan must be used and its recommendations must be acted upon. The goals, objectives, and action plans presented in this chapter provide the means necessary for implementing the comprehensive plan's recommendations. A GOAL is defined as general language outlining a need or desire which compliments the overall intent and vision of the comprehensive plan. An OBJECTIVE is a specific task in order to implement or achieve a goal. Typically, there are multiple objectives for each goal. An ACTION PLAN is the step by step outline of achieving an objective. The action plans also have timelines in which each step is to be accomplished. These timelines do not have start dates, so they are just a general estimate of how long the task should take once the objective is underway. In general, a goal is what the community hopes to accomplish through the comprehensive plan, an objective is the means of accomplishing it, and an action plan is how it will be accomplished. The goals, objectives, and action plans of this chapter have been organized into four categories corresponding to the meeting topics of the Citizens Advisory Committee. This chapter is not organized by priority. These categories are: •Natural Resources • Infrastructure • Community Facilities • Land Use These goals, objectives, and action plans should be used in conjunction with the proposed land use plan to guide and direct future land use and policy decisions in the City of Yorkville. United City of Yorkville DRAFT 2008 Comprehensive Plan 33 Goals and Objectives The following goals, objectives, and action plans reference numerous stakeholder groups which will be a responsible parry in the implementation process. If any of these stakeholder groups disband during the use of this Comprehensive Plan, United City of Yorkville staff will be responsible for reevaluating the action plan, assigning a new responsible party for that task, and obtaining acceptance from that parry for the task. The list below defines some of these stakeholder groups. Yorkville Green Committee An Ad-Hoc, City sponsored, volunteer committee established in October 2007 to provide research, advice and make recommendations to the City Council on environmental issues facing the community. (http://www.yorkville.il.us/greencommittee.cfm) Fox River Study Group A diverse coalition of stakeholders established in 2001 working together to assess water quality in the Fox River watershed. Its mission is to, "bring together a diverse coalition of stakeholders to work together to preserve and/or enhance water quality in the Fox River watershed." (http://foxriverstudygroup.org/) Kendall County Forest Preserve A County department whose mission is to, "preserve and manage natural areas and open spaces,provide environmental education, and offer recreational opportunities for Kendall County residents." (http:// www.co.kendall.il.us/forestpreserves/index.htm) Conservation Foundation A not-for-profit land and watershed protection agency founded in 1972 whose mission is to, "preserve open space and natural lands,protect rivers and watersheds, and promote stewardship of our environment." (http://www.theconservationfoundation.orgy Yorkville-Bristol Sanitary District Provides sanitary sewer service to the majority of Yorkville residents. (http://www.ybsd.org/) United City of Yorkville DRAFT 2008 Comprehensive Plan 34 Goals and Objectives Regional Transit Authority (RTA) Governs a six county region (Cook, DuPage, Kane,Will, Lake and McHenry)with the mission to, "ensure financially sound, comprehensive and coordinated public transportation for northeastern Illinois." The RTA provides transportation planning and funding to three service boards, Chicago Transit Authority, Metra Commuter Rail, and Pace Suburban Bus. (http://rtachicago.com) Yorkville Economic Development Corporation A private organization working with the City of Yorkville to attract new business and employment opportunities to the City. (http://www. yedconline.org/) Yorkville Area Chamber of Commerce A business based organization providing networking, increased visibility, and ideas to its members. (http://www.yorkvillechamber. org/) Illinois Historic Preservation Agency An agency of the State of Illinois with an, "over-arching purpose to preserve and protect public and private historic properties and library collections, while at the same time making those properties and collections accessible to the public." (http://www.illinoishistory.gov/) United City of Yorkville DRAFT 2008 Comprehensive Plan 35 3.1 Natural Resources Goal I Aid in the preservation and enhancement of the Fox River Watershed, the Fox River's tributaries' watersheds (Blackberry Creek, Hollenback Creek, Morgan Creek, Pavillion Creek, and Rob Roy Creek) and the Mid Aux Sable Creek Watershed Objective 1.1 Apply for grants and other funding sources to finance river/stream bank stabilization projects for the Fox River and other waterways. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify potential funding sources to finance City Council river/stream bank stabilization projects. Plan Commission I Consider City of Yorkville's budget as a funding United City of Yorkville Staff 4 months source,particularly for consultant hiring. United City of Yorkville Parks&Rec. Yorkville Green Committee RFP/RFQ Process: United City of Yorkville Staff If applying for grants or other funding develop United City of Yorkville Parks&Rec. 2-A a request for proposal/qualifications(RFP/RFQ) 3 months to hire a consultant(grant writer)which outlines the specific tasks and desired outcomes of the project 2-13 RFP/RFQ Process: City Council 3 months Political review and approval of RFP/RFQ Plan Commission RFP/RFQ Process: United City of Yorkville Staff 2-C Advertise and accept RFP/RFQ from consultants 2 months RFP/RFQ Process: United City of Yorkville Staff 2-1) Review the consultant proposals and give United City of Yorkville Parks&Rec. 2 months recommendation to City Council RFP/RFQ Process: City Council 2-E Political approval and appointment of consultant Plan Commission 2 months RFP/RFO Process: United City of Yorkville Staff 2-F Negotiate contract Consultant(grant writer) 2 months RFP/RFQ Process: City Council 2 G Political approval of contract Plan Commission 2 months Prioritize stream/river banks within the City Council community to focus stabilization projects. Plan Commission 3 United City of Yorkville Staff 3 months United City of Yorkville Parks&Rec. Yorkville Green Committee 4 Apply for funding Consultant(grant writer) ONGOING United City of Yorkville DRAFT 2008 Comprehensive Plan 36 3.1 Natural Resources Objective 1.2 Continue to support the Fox River Study Group's activities of water quality assessment and watershed protection plan implementation Action Plan for Implementation Step Action Necessary Party Responsible Timeline Continue to allocate finances of$0.25 per City Council 1 capita based on the 2000 Census ($1,550 ONGOING total per year)to the Fox River Study Group until completion Aid the Fox River Study Group, if needed, City Council 2 in the development of a Watershed United City of Yorkville Staff 3 years Protection Plan Yorkville Green Committee Adoption, if necessary, of the completed City Council Watershed Protection Plan by the Fox River 3 Study Group or consider incorporating Plan 6 months language into the City's existing Watershed Protection Regulation Ordinance Education of Yorkville residents about the Fox River Study Group 4 Watershed Protection Plan(pollutants and United City of Yorkville Staff ONGOING current water quality)through reports and Yorkville Green Committee pamphlets Aid and support Illinois Environmental Yorkville Green Committee Agencies in remediation and water quality Landowners along waterways ONGOING monitoring programs United City of Yorkville Residents United City of Yorkville Businesses United City of Yorkville DRAFT 2008 Comprehensive Plan 37 3.1 Natural Resources Objective 1.3 Support the public/private purchase of riverfront lands in order to acquire at least 10% of the (additional) open space opportunities as delineated on the Open Space Opportunities Map in Section 2 of the Existing Conditions Chapter by 2012. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify the preferred means of property City Council acquisition and maintenance. (i.e.conservation Plan Commission 1 easements,property leasing,public acquisition, United City of Yorkville Staff 6 months private acquisition,etc.) United City of Yorkville Parks&Rec. United City of Yorkville Residents Hold a public forum to obtain feedback and aid City Council 2 in identifying the preferred means of property United City of Yorkville Staff 2 months acquisition and maintenance. United City of Yorkville Parks&Rec. United City of Yorkville Residents Identify potential funding sources dependent Consultant(grant writer) upon ownership and maintenance structure(see 3 Natural Resources Section 3.1 Goal I Objective 3 months I for funding procedure) 4 Secure necessary financing for purchase Consultant(grant writer)OR ONGOING Dependent upon ownership structure City Acquisition of Land: City Council 5-A Educational program for residents about land United City of Yorkville Staff 4 months acquisition by public entities City Acquisition of Land: City Council Establish criteria for prioritizing land delineated United City of Yorkville Staff 5-B by the Open Space Opportunities Map for United City of Yorkville Parks&Rec. 3 months purchase United City of Yorkville Residents City Acquisition of Land: City Council Prioritize the land available for which to obtain United City of Yorkville Staff 5-C and identify most appropriate ownership and United City of Yorkville Parks&Rec. 4 months maintenance structure United City of Yorkville Residents 5-D City Acquisition of Land: City Council ONGOING Acquire land Maintenance of land for use by the public United City of Yorkville Parks&Rec. 6 (dependent upon agency in ownership) Kendall County Forest Preserve ONGOING Conservation Foundation If preferred means of acquisition does not United City of Yorkville Staff 7 involve city purchase,provide data on available ONGOING lands and priority given to them to other agencies United City of Yorkville DRAFT 2008 Comprehensive Plan 38 3.1 Natural Resources Goal 2 Preserve changes in elevation, and the scenic viewsheds provided by them, within Yorkville's planning area. Objective 2.1 Set height limitations for new or renovated buildings within downtown Yorkville in the zoning ordinance to provide a step back of building heights from the Fox River. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Decide if zoning revisions will be done by City Staff or City Council 1 through a Consultant. If a Consultant,follow RFP/RFQ Plan Commission 2 months process and allocate budget funding RFP/RFQ Process: United City of Yorkville Staff 2-A Develop an request for proposal/qualifications(RFP/RFQ) 3 months to hire a consultant RFP/RFQ Process: City Council 2-B 3 months Political review and approval of RFP/RFQ Plan Commission RFP/RFQ Process: United City of Yorkville Staff 2-C 2 months Advertise and accept RFP/RFQ from consultants RFP/RFQ Process: United City of Yorkville Staff 2-D Review the consultant proposals and give 2 months recommendation to City Council RFP/RFQ Process: City Council 2 E 2 months Political approval and appointment of consultant Plan Commission 2-F RFP/RFO Process: United City of Yorkville Staff 2 months Negotiate contract Consultant 2-G RFP/RFQ Process: City Council 2 months Political approval of contract Plan Commission Data Collection: United City of Yorkville Staff Delineate Yorkville Downtown's Boundaries and OR 3-A 2 months viewshed corridors(use 2005 Downtown Vision Plan as a Consultant guide) Data Collection: United City of Yorkville Staff 3-13 Inventory the heights and number of stories of all the OR 2 months buildings downtown Consultant Data Collection: United City of Yorkville Staff Establish the maximum building height for each building OR 3-C 4 months in order to provide unobstructed or partially obstructed Consultant views of the Fox River Utilize maximum building heights to draft language to United City of Yorkville Staff 4 provide a"step back"of building heights from the Fox OR 4 months River Consultant Review draft language and submit feedback City Council Plan Commission 5 4 months United City of Yorkville Staff Downtown Property Owners 6 Per review,pass into legislation City Council 4 months United City of Yorkville DRAFT 2008 Comprehensive Plan 39 3.1 Natural Resources Objective 2.2 Amend Yorkville's subdivision control ordinances and/or design guidelines to preserve significant topographic features, i.e. changes in elevation, within Yorkville's planning area. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify preferred means of encouragement, City Council 1 i.e. an incentive based program or Plan Commission 4 months mandatory regulation United City of Yorkville Residents Define"significant topographic feature" City Council 2 and their locations within Yorkville Plan Commission 4 months United City of Yorkville Staff United City of Yorkville Residents Decide if ordinance revisions will be done City Council by City Staff or through a Consultant. If Plan Commission 3 2 months a Consultant, follow RFP process and allocate budget funding RFP/RFQ Process: City Council 4 See Natural Resources Section 3.1 Goal 2 Plan Commission Approx. 1 Objective 1 for hiring a consultant United City of Yorkville Staff year Consultant Identify means of preserving these features United City of Yorkville Staff 5 within new developments OR 2 months Consultant Draft language to require or encourage United City of Yorkville Staff 6 new developments to design sites which OR 4 months celebrate existing topographic contours. Consultant Review draft language and submit City Council 7 feedback Plan Commission 4 months United City of Yorkville Staff 8 Per review,pass into legislation City Council 4 months _ H United City of Yorkville DRAFT 2008 Comprehensive Plan 40 3.1 Natural Resources Goal 3 Reduce the amount stormwater runoff through increased ground water infiltration while reducing and preventing the pollution of and pollutants in stormwater runoff. Objective 3.1 Revise and strengthen Yorkville's stormwater management regulations in the subdivision control ordinance. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Revise stormwater management guidelines City Council to consider including a storage basin Plan Commission management plan by the owner/operator, United City of Yorkville Staff 1 educational information to owner/operator United City of Yorkville Residents 3 months about proper maintenance of storage basins, and the use of native plant materials within the development as a means of stormwater management. Decide if ordinance revisions will be done City Council by City Staff or through a Consultant. If a Plan Commission 2 Consultant,produce an RFP/RFQ for the 2 months project,potentially in conjunction with other ordinance amendments RFP/RFQ Process: City Council 3 See Natural Resources Section 3.1 Goal 2 Plan Commission Approx. 1 Objective 1 for hiring a consultant United City of Yorkville Staff year Consultant Data Collection: United City of Yorkville Staff 4-A Identify communities with desired type OR 1 month stormwater management regulations Consultant Data Collection: United City of Yorkville Staff 4-13 Research the communities identified OR 2 months in regards to their implementation of Consultant stormwater management regulations Aided by this research, draft amendment United City of Yorkville Staff 5 language for a revision to the existing OR 4 months stormwater management regulations Consultant Review and submit feedback City Council Plan Commission 4 months United City of Yorkville Staff United City of Yorkville Residents 7 1 Per review,pass into legislation City Council 4 months United City of Yorkville DRAFT 2008 Comprehensive Plan 41 3.1 Natural Resources Objective 3.2 Produce educational materials for residents on how an individual can implement conservation practices addressing issues such as, but not limited to, stormwater management, water conservation, water quality, sustainable design, and green building. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Produce a list of conservation practices City Council and/or best management practices (BMP's) Plan Commission 1 individuals can implement given the issue Yorkville Green Committee 1 month addressing, i.e. rain gardens,rain barrels, United City of Yorkville Staff native landscaping, etc... 2 Prioritize the list on which issue to educate Yorkville Green Committee 1 month the community about first Produce a pamphlet or language to be Yorkville Green Committee 3 2 months included in the Quarterly City Newsletter Produce language about a conservation Yorkville Green Committee 4 practice to be included on Yorkville ONGOING residents'utility bills 5 Repeat Step 3 for next highest priority Yorkville Green Committee ONGOING issue Support and/or hold community meetings Yorkville Green Committee 6 about conservation practices and ONGOING other ways to reduce your individual environmental impact United City of Yorkville DRAFT 2008 Comprehensive Plan 42 3.1 Natural Resources Objective 3.3 Amend Yorkville's subdivision control ordinance to increase the use of conservation practices in the design and during the construction of development projects. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Per existing language in the subdivision control City Council 1 ordinance,decide if increased conservation practice Plan Commission 2 months standards will be a mandatory or incentive policy United City of Yorkville Staff Produce a list of conservation practices including BMP's City Council developers can implement in the site plan,during Plan Commission 2 construction,and at completion of their project Yorkville Green Committee 3 months United City of Yorkville Staff Mandatory Requirement: City Council If conservation practices are a mandatory requirement Plan Commission 3-A determine how they will be mandated. (i.e. each United City of Yorkville Staff project has to incorporate a set number of BMP's or the 2 months development type determines the mandatory number and BMP type) Mandatory Requirement: City Council 3 -6 3-B Incorporate mandatory conservation practices language Plan Commission months into Yorkville's Subdivision Control Ordinance United City of Yorkville Staff Mandatory Requirement: City Council 3-C Review draft language and submit feedback Plan Commission 4 months Mandatory Requirement: City Council 3-D Per review,pass conservation practices/BMP requirement 4 months as amendment to Subdivision Control Ordinance Mandatory Requirement: United City of Yorkville Staff 3-E Monitor BMP construction and maintenance ONGOING Incentive: City Council 4-A Produce a list of incentives available to provide to Plan Commission 2 months developers United City of Yorkville Staff Incentive: City Council Match the conservation practice and/or BMP provided by Plan Commission 4-B the developer(or the number of BMP's in a development) United City of Yorkville Staff 4 months and the incentive to be given Incentive: City Council 4-C Submit feedback on the draft BMP and incentive list Plan Commission 2-3 Yorkville Green Committee months Development Community Incentive: City Council 4-D Pass BMP incentive list as an amendment to Yorkville's Plan Commission 2 months subdivision control ordinances 4-E Incentive: United City of Yorkville Staff ONGOING Monitoring of BMP construction and maintenance United City of Yorkville DRAFT 2008 Comprehensive Plan 43 3.1 Natural Resources Goal 4 Preserve, enhance, and/or reestablish existing natural areas Objective 4.1 Publicly acquire open space to develop a contiguous open space/greenway network Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify the preferred means of property City Council acquisition and maintenance.(i.e.conservation Plan Commission 1 easements,property leasing,public acquisition, United City of Yorkville Staff 6 months etc.) United City of Yorkville Parks&Rec. United City of Yorkville Residents Identify best natural areas to preserve based on City Council environmental sensitivity and linkage ability Plan Commission 2 United City of Yorkville Staff 4 months United City of Yorkville Residents Hold a public forum and begin an educational City Council program to obtain resident feedback and aid United City of Yorkville Staff 2 months in identifying the preferred means of property United City of Yorkville Residents acquisition and maintenance. Establish criteria for prioritizing land for City Council purchase Plan Commission 4 United City of Yorkville Staff 3 months United City of Yorkville Parks&Rec. United City of Yorkville Residents Prioritize the land available for which to obtain City Council and identify most appropriate ownership and Plan Commission 5 maintenance structure United City of Yorkville Staff 4 months United City of Yorkville Parks&Rec. United City of Yorkville Residents Identify potential funding sources dependent Consultant(grant writer) upon ownership/maintenance structure 3 months (See Natural Resources Section 3.1 Goal 1 Objective 1) 7 Secure necessary financing for purchase Consultant(grant writer)OR ONGOING Dependent upon ownership structure 8 Acquire land City Council ONGOING Maintenance of land for use by the public United City of Yorkville Parks&Rec. 9 (dependent upon agency in ownership) Kendall County Forest Preserve ONGOING Conservation Foundation If preferred means of acquisition does not United City of Yorkville Staff 10 involve city purchase,provide data on ONGOING available lands and priority given to them to other agencies United City of Yorkville DRAFT 2008 Comprehensive Plan 44 3.1 Natural Resources Objective 4.2 Upon public acquisition of open space/greenway network, develop passive recreational opportunities, such as trails and riverwalks, in these areas. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Refer to the Yorkville Integrated City Council Transportation Plan&Fox River United City of Yorkville Staff ] Watershed to identify potential and 2 months appropriate areas for passive recreational uses If areas are not in public ownership, City Council 2 prioritize and refer to Natural Resources United City of Yorkville Staff 2 months Section 3.1 Goal 4 Objective 1 for acquiring public lands Decide which passive recreational use, if City Council 3 any, is best fit for each publicly obtained United City of Yorkville Staff 2 months parcel Identify potential funding sources for the City Council development of recreational facilities or United City of Yorkville Staff 4 for necessary preservation 2 months (see Natural Resources Section 3.1 Goal 1 Objective 1 for financing process) Upon securing financing, construct United City of Yorkville Staff 6 months 5 recreational facilities and/or preserve environmentally sensitive areas —years Provide education to amenity users United City of Yorkville Staff u about appropriate use and environmental ONGOING responsibility 7 Maintenance of facilities United City of Yorkville Staff ONGOING United City of Yorkville DRAFT 2008 Comprehensive Plan 45 3.1 Natural Resources Objective 4.3 Amend United City of Yorkville's Zoning Ordinance to include a tree protection ordinance which addresses a tree inventory program, street tree replacement program, tree monitoring program, and/or the preservation of significant trees/wooded areas. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify desired outcome through the City Council adoption of a tree protection ordinance Plan Commission 1 Yorkville Green Committee 6 months United City of Yorkville Staff United City of Yorkville Residents Decide if zoning revisions will be done City Council by City Staff or through a Consultant. If Plan Commission a Consultant,produce an RFP/RFQ for the project. If City Staff,consider the 2 months hiring of additional staff, such as a City Arborist/Forester, for project and ongoing implementation. RFP Process: City Council 3 See Natural Resources 3.1 Section Goal 2 Plan Commission Approx. 1 Objective 1 for hiring a consultant United City of Yorkville Staff year Consultant Identify communities with similar United City of Yorkville Staff 4 programs per identifying the desired OR 1 month outcome of a tree protection ordinance Consultant Research the communities identified in United City of Yorkville Staff 5 regards to their implementation of tree OR 4 months protection ordinances Consultant Aided by this research,produce an United City of Yorkville Staff 6 ordinance addressing tree protection OR 4 months through inventory,replacement, Consultant monitoring, and preservation. Review and submit feedback City Council Plan Commission 4 months United City of Yorkville Staff United City of Yorkville Residents 8 Per review,pass into legislation City Council 4 months Monitoring of preservation efforts and tree United City of Yorkville Staff 9 replacement (City Arborist/Forester) ONGOING OR Consultant United City of Yorkville DRAFT 2008 Comprehensive Plan 46 3.2 Infrastructure Goal 1 Support and encourage water conservation Objective 1.1 Update Yorkville's Ordinances to include a water conservation plan Action Plan for Implementation Step Action Necessary Party Responsible Timeline Charge Yorkville's Green Committee to City Council 1 develop a DRAFT Water Conservation Plan 2 months Draft Formulation Process: Yorkville Green Committee 2-A Identify communities with water conservation 2 months plans Draft Formulation Process: Yorkville Green Committee 2-13 Review water conservation plans of the 2 months communities identified Draft Formulation Process: Yorkville Green Committee C Aided by the existing water conservation 2 months plans,identify desired/necessary elements for Yorkville's water conservation plan Draft Formulation Process: Yorkville Green Committee 2-D Use the elements identified to draft language 4 months for the water conservation plan Draft Formulation Process: Yorkville Green Committee E Have committee review draft of water 2 months conservation plan,prior to submittal to city council 3 Submit DRAFT water conservation plan for Yorkville Green Committee 2 months review Review and submit feedback City Council 4 Plan Commission 4 months United City of Yorkville Staff United City of Yorkville Residents 5 Per review,pass into legislation City Council 4 months Produce an educational handout on water Yorkville Green Committee 6 conservation principles for developers and 2 months residents to reference Continued education of water conservation Yorkville Green Committee 7 practices through water conservation tip United City of Yorkville Staff ONGOING provided on water bills(every other month) Monitoring of water conservation within Yorkville Green Committee 8 Yorkville, such as identifying water and cost United City of Yorkville Staff ONGOING savings on water bills after conservation plan/ practice implementation United City of Yorkville DRAFT 2008 Comprehensive Plan 47 3.2 Infrastructure Objective 1.2 Develop a water reclamation program for non-potable water reuse in industrial uses and commercial/industrial toilet flushing. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify locations serviced by the City Council 1 Yorkville Bristol Sanitary District Yorkville Bristol Sanitary District 4 months to provide with reclaimed water United City of Yorkville Staff Identify if existing sanitary sewer Yorkville Bristol Sanitary District 2 treatment plant is able to provide 2 months the necessary treatment for reclaimed water usage Identify the necessary treatment Yorkville Bristol Sanitary District 3 and physical improvements (plant, 3 months pipes, etc.)to provide water reclamation Identify desired end users and Yorkville Bristol Sanitary District 4 determine if those end users are 6 months willing to use reclaimed water in their business Produce a financial analysis Yorkville Bristol Sanitary District on funds needed for necessary 3 months improvements along with addressing taxpayer benefits If a funding deficit, identify Yorkville Bristol Sanitary District potential funding sources (see United City of Yorkville Staff 6 Natural Resources Section 3.1 2 months Goal I Objective I —for hiring a consultant for grant writing, if needed) If necessary, apply for funds/ Yorkville Bristol Sanitary District 6 months 7 grants United City of Yorkville Staff Consultant(grant writer) year(s) 8 Secure necessary funding Yorkville Bristol Sanitary District 1 year— ONGOING 9 Construct improvements(plant, Yorkville Bristol Sanitary District ONGOING pipes, etc.) 10 Use of reclaimed water Yorkville Commercial and Industrial Interests ONGOING 11 Monitor water reclamation Yorkville Bristol Sanitary District ONGOING program United City of Yorkville DRAFT 2008 Comprehensive Plan 48 3.2 Infrastructure Objective 1.3 Develop a gray water irrigation program for non-potable/reclaimed water reuse for commercial, industrial, recreational (i.e. golf courses), and residential uses. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Review existing building/plumbing codes United City of Yorkville Staff ] to establish if gray water irrigation is 3 months feasible in existing code structure If feasible in existing code structure: City Council 2 Update building/plumbing codes to require United City of Yorkville Staff 4 months or encourage gray water irrigation systems If not feasible in existing code structure: United City of Yorkville Staff 3-A Identify reasons why not feasible(i.e. 3 months public health concerns,out of date building codes, etc.) If not feasible in existing code structure: City Council 3-13 Given the concerns, decide if gray water United City of Yorkville Staff 4 months irrigation should continue to be pursued If not feasible in existing code structure: United City of Yorkville Staff If a gray water irrigation program is to 3-C be pursued, identify where the building 4 months codes must change to allow for gray water irrigation If not feasible in existing code structure: City Council 3-D Update building/plumbing codes to allow United City of Yorkville Staff 4 months for gray water irrigation systems 4 Identify desired end users and see if they United City of Yorkville Staff 6 months are willing to use gray water irrigation Construct or replace irrigation systems Developers/Contractors with gray water systems on a mandatory or ONGOING voluntary basis 6 Monitor gray water irrigation systems United City of Yorkville Staff ONGOING Property Owners United City of Yorkville DRAFT 2008 Comprehensive Plan 49 3.2 Infrastructure Goal 2 Support multi-modal transportation Objective 2.1 Encourage the development of a commuter rail station along the Metra-BNSF railroad line and/or the reintroduction of the trolley line per the 2005 Downtown Vision Plan along the Illinois Railway Inc. railroad line. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify the status of the Metra commuter rail United City of Yorkville Staff I extension since the Phase Two Feasibility Study Kendall County Staff 4 months completed in 2002 If no work has been completed since 2002, City Council encourage Pre-Implementation and/or Kendall County Board 2 Preliminary Engineering to be completed United City of Yorkville Staff Years as outlined by the 2002 study for the Metra Kendall County Staff commuter rail extension Kendall County Residents Work with Kendall County on the inclusion City Council of the county in the Regional Transit Kendall County Board Authority(RTA)which could allow for greater United City of Yorkville Staff fears implementation potential for Metra service Kendall County Staff Given the acceptance, or lack of, for the Metra City Council 4 extension,produce a feasibility study for the Kendall County Board 6 months reintroduction of a trolley line running along the United City of Yorkville Staff — 1 year Illinois Railway to Aurora,IL Kendall County Staff Work with Kendall County to educate residents City Council about the commuter rail extension and/or trolley Kendall County Board 6 months 5 line and how it will improve their quality of life United City of Yorkville Staff Kendall County Staff —years Kendall County Residents Obtain vital political support for the Metra Regional Transit Authority commuter rail extension and/or Illinois Railway City Council 6 Years trolley line in order to obtain state and federal Kendall County Board funding for the rail extension Kendall County Residents Obtain state and federal funding for the Regional Transit Authority 7 commuter rail extension and/or trolley line Illinois State Legislators Years Illinois Federal Legislators Secure funding and finance commuter rail Regional Transit Authority 8 Years extension and/or trolley line Refer to Land Use Plan Map for land use City Council recommendations around the Yorkville Metra United City of Yorkville Staff 9 rail station and/or the 2005 Downtown Vision Development Community ONGOING Plan for development recommendations around a trolley stop United City of Yorkville DRAFT 2008 Comprehensive Plan 50 3.2 Infrastructure Objective 2.2 Include bike paths and trails in street development to provide linkages throughout the community Action Plan for Implementation Step Action Necessary Party Responsible Timeline Complete Integrated Transportation Consultant Plan&Fox River Watershed Project 1 ear (consultant and funding have been y secured) Assign priority to trails based on Consultant 7 projected usage, linkage ability and Transportation Plan Stakeholder Group 6 months resident desire as part of the Integrated City Council Transportation Plan United City of Yorkville Residents All new developments to provide Development Community 3 internal sidewalks along with any ONGOING regional trails on site as identified by the Integrated Transportation Plan If trails are not linked/connected,City City Council 4 to take responsibility for providing this ONGOING linkage based on priority rank given above To provide trail linkages, identify City Council potential funding sources (see Natural United City of Yorkville Staff 6 months— 1 Resources Section 3.1 Goal I Objective year(or more) 1 —for hiring a consultant for grant writing, if needed) 6 Apply for funding/grants United City of Yorkville Staff 6 months— 1 Consultant(grant writer) year(or more) 7 Upon securing financing,begin United City of Yorkville Staff ONGOING construction of trail linkages Provide educational materials to United City of Yorkville Staff residents about bicycle safety, 8 transportation alternatives, existing and ONGOING future trails, and connections to other communities United City of Yorkville DRAFT 2008 Comprehensive Plan 51 3.2 Infrastructure Objective 2.3 Identify large activity generators, such as municipal buildings and commercial properties, and provide multi-modal transportation to these facilities Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify major activity generators in City Council Yorkville's Planning Area Plan Commission ? ,months United City of Yorkville Staff United City of Yorkville Residents Prioritize major activity generators City Council 2 identified in regards to which would best Plan Commission 4 months facilitate multi-modal transportation United City of Yorkville Staff United City of Yorkville Residents Identify that proposed trails are providing United City of Yorkville Staff 3 connections to the major activity 2 months generators within the City. 4 Follow Infrastructure Section 3.2 Goal 2 United City of Yorkville Staff ONGOING Objective 2 for trail linkage completion Of the major activity generators, identify City Council which facilities would be best served by United City of Yorkville Staff bus transit United City of Yorkville Residents 4 months Kendall County Board Kendall County Staff Given these locations, determine the City Council feasibility of a local bus route and the United City of Yorkville Staff 6 months E7 benefit to taxpayers United City of Yorkville Residents _ 1 year Kendall County Board Kendall County Staff If a local bus route is supported by City Council taxpayers, identify best means of Kendall County Board providing the service to residents (locally United City of Yorkville Staff 6 months run or by other organization such as Kendall County Staff — 1 year PACE,fixed or non-fixed route, etc...) Kendall County Residents Kendall County Businesses If PACE service is preferred,work with City Council Kendall County on the inclusion of the Kendall County Board 8 county in the Regional Transit Authority United City of Yorkville Staff Yca rs (RTA) Kendall County Staff United City of Yorkville DRAFT 2008 Comprehensive Plan 52 3.2 Infrastructure Step Action Necessary Party Responsible Timeline Identify potential funding mechanisms Regional Transit Authority which may be dependent upon ownership City Council 9 and operating structure(see Natural United City of Yorkville Staff 6 months Resources Section 3.1 Goal I Objective Consultant(grant writer) — 1 year I —for hiring a consultant for grant Potential owner/operator writing, if needed) Apply for funding/grants United City of Yorkville Staff 6 months 10 Consultant(grant writer) — 1 year(or Potential owner/operator more) Upon securing financing,purchase United City of Yorkville OR 11 necessary equipment,hire employees and Potential owner/operator ONGOING begin bus transit services Provide promotional materials to United City of Yorkville OR 12 residents about bus transit service,routes, Potential owner/operator ONGOING and safety United City of Yorkville DRAFT 2008 Comprehensive Plan 53 3.2 Infrastructure Goal 3 Upgrade and maintain the transportation network Objective 3.1 Evaluate existing capital improvement plans to ensure project feasibility and a positive cost/benefit analysis to taxpayers. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Review existing capital improvements plans, City Council 1 such as the 2003 Transportation Study. Plan Commission 2 months United City of Yorkville Staff Identify if any updates are necessary to the City Council 2 existing capital improvement plans,with Plan Commission 6 months attention paid to the benefit to taxpayers United City of Yorkville Staff United City of Yorkville Residents If updates are necessary, follow RFP/RFQ City Council 2 months 3 procedure and allocate budget funding for hiring a consultant — 1 year RFP/RFQ Process: United City of Yorkville Staff 6 months 4 See Natural Resources Section 3.1 Goal 2 City Council - 1 year Objective 1 for consultant hiring procedure Update existing capital improvements Consultant 6 months 5 plans and include a costibenefit analysis to taxpayers for suggested improvements — 1 year Review updated plans and submit feedback City Council 6 United City of Yorkville Staff 4 months United City of Yorkville Residents 7 Per review, adopt plans City Council 4 months Prioritize capital improvement programs/ City Council 8 projects and obtain funding as necessary United City of Yorkville Staff 6 months United City of Yorkville Residents Follow Natural Resources Section 3.1 Goal United City of Yorkville Staff 9 1 Objective 1 for hiring a grant writer and ONGOING obtaining funding. 10 Begin capital improvement project United City of Yorkville Staff ONGOING implementation and construction Construction Contractor United City of Yorkville DRAFT 2008 Comprehensive Plan 54 3.2 Infrastructure Objective 3.2 Apply for and provide local funding initiatives to implement transportation plans. Action Plan for Implementation Step Action Necessary Party Responsible Timeline I Identify potential financing measures United City of Yorkville Staff 4 months Identify preferred means of providing City Council 2 additional funding for transportation United City of Yorkville Residents 6 months improvements (grants, sales tax, etc.) United City of Yorkville Business Grants ,RFP/RFQ Processl City Council If applying for grants, see Natural Resources United City of Yorkville Staff 6 months Section 3.1 Goal 1 Objective 1 to hire a - 1 year consultant(grant writer) Identify roadways to allocate financing to for City Council 4 3 months construction United City of Yorkville Staff 5 Apply for funding Consultant(grant writer) 6 months —years Sales Tax: City Council 6-A Applies only if Yorkville is a home rule Illinois State Legislators Years community(pop. 25,000 or more) Sales Tax: City Council 6-B Identify appropriate sales tax to assess to fund United City of Yorkville Residents 6 months road improvements United City of Yorkville Business Sales Tax: City Council 6-C Identify roadways to allocate financing to for United City of Yorkville Staff 3 months construction Sales Tax: City Council 6-D Draft referendum for increased sales tax for 6 months major municipal road improvements Sales Tax: City Council 6-E Follow Illinois State Referendum Procedure 6 months for placing sales tax referendum on election — 1 year ballot 6-F Sales Tax: United City of Yorkville Residents 1 ear Vote on referendum y United City of Yorkville DRAFT 2008 Comprehensive Plan 55 3.2 Infrastructure Goal 4 Encourage new development to utilize and improve existing infrastructure, where appropriate Objective 4.1 Maintain a street hierarchy to preserve small town character. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify rural routes in Yorkville's City Council 1 planning area in which to preserve United City of Yorkville Residents 3 months Kendall County Residents Of the routes,prioritize which are most City Council 7 sensitive to development and those most United City of Yorkville Staff 3 months likely to be potentially kept as rural routes United City of Yorkville Residents Kendall County Residents New developments to provide an internal United City of Yorkville Staff 3 street hierarchy and encouraged to feed Development Community ONGOING onto existing major routes Establish a rural route designation to City Council 4 preserve the small town character of ONGOING specific roadway corridors 5 1 Identify rural routes with a plaque/sign City Council ONGOING United City of Yorkville DRAFT 2008 Comprehensive Plan 56 3.2 Infrastructure Objective 4.2 Reduce the need for infrastructure expansion through projects developing within or contiguous to Yorkville's municipal boundaries. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Decide if the policy will be mandatory or incentive City Council 1 based Plan Commission 2 months United City of Yorkville Staff 2 Identify communities with similar programs United City of Yorkville Staff 1 month (mandatory or incentive) Research the communities identified in regards to United City of Yorkville Staff 3 their implementation of mandatory requirements or 4 months incentives for developments built contiguous to or within City boundaries Identify land available within municipal boundaries City Council 4 or contiguous to them suitable to new development Plan Commission 4 months United City of Yorkville Staff Decide if amendment language will be written by City Council 5 City Staff or a Consultant. If a Consultant,follow Plan Commission 2 months RFP/RFQ process and obtain financing RFP/RFQ Process City Council See Natural Resources Section 3.1 Goal 2 Objective United City of Yorkville Staff Approx. 6 1 for hiring a Consultant,if necessary. See Natural 1 year Resources Section 3.1 Goal 1 Objective 1 for hiring a grant writer to secure funding,if necessary. If policy is a mandatory requirement determine of City Council 7-A whom they will be mandatory(commercial,civic, Plan Commission 3 months residential,etc.developers) United City of Yorkville Staff If policy is incentive based,produce a list of City Council 7-13 incentives available to provide to developers Plan Commission 2 months United City of Yorkville Staff Aided by this research,develop an amendment to United City of Yorkville Staff 4 Yorkville's subdivision control ordinances for a OR 6 months mandatory or incentive based policy for development Consultant contiguous or within City boundaries Review amendment and submit feedback City Council Plan Commission 9 United City of Yorkville Staff 3 months United City of Yorkville Residents Development Community 10 Per review,pass into legislation City Council 4 months United City of Yorkville DRAFT 2008 Comprehensive Plan 57 3.2 Infrastructure Goal 5 Develop a city-wide green infrastructure program Objective 5.1 Revise the landscape ordinance to include a native plants and lawn seed application policy. This policy would be applicable to the public open space areas in a development. Open space areas can include, but are not limited to,parks, parkways,parking lots, storm water basins, and medians. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Decide if the policy will be mandatory or incentive City Council 1 based Plan Commission 2 months United City of Yorkville Staff 2 Identify communities with similar programs United City of Yorkville Staff 1 month (mandatory or incentive) Research the communities identified in regards to United City of Yorkville Staff 3 their implementation of mandatory or incentive based 3 months native landscaping/seeding ordinances Decide if landscape ordinance revisions will be City Council 4 done by City Staff or through a Consultant. If a Plan Commission 2 months Consultant,follow RFP/RFQ process and obtain financing RFP/RFQ Process City Council See Natural Resources Section 3.1 Goal 2 Objective United City of Yorkville Staff Approx. 5 1 for hiring a Consultant,if necessary. See Natural 1 year Resources Section 3.1 Goal 1 Objective 1 for hiring a grant writer to secure funding,if necessary. If policy is a mandatory requirement determine if City Council each type of development(commercial,industrial, Plan Commission 6-A civic,residential,etc.)will have the same United City of Yorkville Staff 3 months requirements or if requirements will differ per the OR development type Consultant If policy is incentive based,produce a list of City Council incentives available to provide to developers for Plan Commission 0-13 inclusion of native plants and lawn seeding in their United City of Yorkville Staff 2 months landscape plan OR Consultant Revise the existing landscape ordinance to include United City of Yorkville Staff ? native plants and lawn seeding as either a mandatory OR 4 months or incentive policy Consultant Review and submit feedback City Council 8 Plan Commission 4 months United City of Yorkville Staff United City of Yorkville Residents 9 Per review,pass into legislation City Council 4 months Provide education to residents,homeowners United City of Yorkville Staff 10 associations,and business owners on native plant ONGOING identification and maintenance United City of Yorkville DRAFT 2008 Comprehensive Plan 58 3.2 Infrastructure Objective 5.2 Update the subdivision control ordinance to include an alternative storm water management policy. This policy may address alternatives such as,but not limited to,utlizing bioswales as opposed to curb and gutter systems in new developments. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Decide if ordinance revisions will be done City Council by City Staff or through a Consultant. If a Plan Commission 2 months Consultant, follow RFP/RFQ process and obtain financing RFP/RFQ Process City Council See Natural Resources Section 3.1 Goal United City of Yorkville Staff Approx. 2 2 Objective 1 for hiring a Consultant,if 1 year necessary. (potentially in conjunction with other ordinance updates) RFP/RF ,Process: City Council 3 See Natural Resources Section 3.1 Goal 1 United City of Yorkville Staff 1 year- Objective 1 for hiring a grant writer to secure ONGOING funding, if necessary. Data Collection: United City of Yorkville Staff 4-A Identify communities with similar programs OR 1 month Consultant Data Collection: United City of Yorkville Staff 4-B Research the communities identified in regards OR 2 months to their implementation of alternative storm Consultant water management Aided by this research,produce a alternative United City of Yorkville Staff 5 storm water management ordinance OR 4 months Consultant Review and submit feedback City Council Plan Commission 6 4 months United City of Yorkville Staff United City of Yorkville Residents 7 Per review,pass into legislation City Council 4 months United City of Yorkville DRAFT 2008 Comprehensive Plan 59 3.3 Community Facilities Goal 1 Support the development and/or redevelopment of efficient and cost-effective facilities to serve current and future Yorkville residents. Objective 1.1 Evaluate the existing municipal facilities plan and update, at least every 5 years dependent on population growth, with consideration given to current population trends and cost/benefit analysis to taxpayers Action Plan for Implementation Step Action Necessary Party Responsible Timeline Review the 2005 Municipal Facilities Plan City Council 1 and identify updates, if necessary, in regards United City of Yorkville Staff 6 months to population trends, service area expansion, United City of Yorkville Residents and cost/benefit analysis of new facilities If updates are necessary, follow RFP/RFQ City Council 2 procedure and allocate budget funding for 2 months hiring a consultant — 1 year RFP/RFQ Process City Council 3 See Natural Resources Section 3.1 Goal United City of Yorkville Staff Approx. 1 2 Objective 1 for hiring a Consultant, if year necessary. Determine the appropriate population to plan City Council 4 for prior to beginning update of plan United City of Yorkville Staff 2 months Consultant Prioritize desired facilities based on need, City Council 5 funding availability, and location availability United City of Yorkville Staff 4 months United City of Yorkville Residents 6 Include a timeline of implementation in Consultant 6 months update Review updated plan and submit feedback City Council 7 United City of Yorkville Staff 4 months United City of Yorkville Residents 8 Per review, adopt plans City Council 4 months 9 Follow Community Facilities Section 3.3 United City of Yorkville Staff ONGOING Goal 1 Objective 4 for funding methods LdBegin implementation and construction United City of Yorkville Staff ONGOIN G Construction Contractor United City of Yorkville DRAFT 2008 Comprehensive Plan 60 3.3 Community Facilities Objective 1.2 Produce a public facility site study(similar to the school site study)to feasibly determine the locations which serve as the highest and best use for each new municipal building construction. Consideration should be given to a downtown municipal campus as outlined in the 2005 Municipal Facilities Plan and the development of a regional park facility on the south side of town. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Review Yorkville's planning area to locate United City of Yorkville Staff 1 development and redevelopment opportunity 2 months areas. 2 Of these lands,mark all those suited for United City of Yorkville Staff 2 months municipal property development of any type Of those suited for municipal development of City Council 3 any type, determine the facility best suited to United City of Yorkville Residents 4 months all locations United City of Yorkville Staff 4 Provide input on these locations and the City Council 6 months potential facility placed on them United City of Yorkville Residents Rank these locations based on cost, City Council 5 accessibility,reality of obtaining, United City of Yorkville Staff 4 months development concerns, feasibility, and benefit United City of Yorkville Residents to the taxpayer Follow Community Facilities Section 3.3 United City of Yorkville Staff 6 Goal 1 Objective 4 for financing mechanisms ONGOING and implementation United City of Yorkville DRAFT 2008 Comprehensive Plan 61 3.3 Community Facilities Objective 1.3 Encourage the development of multi-use and/or shared facilities to maximize the efficiency of each municipal building Action Plan for Implementation Step Action Necessary Party Responsible Timeline Review the 2005 Municipal Facilities Plan, City Council 1 as outlined in Community Facilities Section United City of Yorkville Staff 6 months 3.3 Goal 1 Objective 1 Step 1 United City of Yorkville Residents If an update is necessary of the Municipal United City of Yorkville Staff Approx. Facilities Plan, include in the updated plan a OR 1 year list of facilities and which would be feasible Consultant (for entire together as a shared facility update process) If the Municipal Facilities Plan is not United City of Yorkville Staff 3 updated,produce a list of facilities and which 3 months would be feasible together as a shared facility Obtain input on the shared facility list to City Council 4 determine the most likely multi-use facility United City of Yorkville Residents 6 months arrangements United City of Yorkville Staff Given the arrangements,produce average United City of Yorkville Staff 5 acreage or square footage necessary for each 3 months building Use this information to aid in site selection United City of Yorkville Staff Approx. 6 for the highest and best use (Community 1 year(for Facilities Section 3.3 Goal 1 Objective 2) process) Follow Community Facilities Section 3.3 United City of Yorkville Staff 7 Goal 1 Objective 4 for financing mechanisms ONGOING and implementation/construction United City of Yorkville DRAFT 2008 Comprehensive Plan 62 3.3 Community Facilities Objective 1.4 Identify and seek funding initiatives to construct new municipal facilities Action Plan for Implementation Step Action Necessary Party Responsible Timeline I Utilize facility priority list from updated municipal City Council 3 months plan to determine facility to fund Identify potential financing measures available for United City of Yorkville Staff identified facilities with recognition given that some 2 funding measures listed here are only for home rule 2 months communities(pop.25,000 or more) Consider home rule community status if meet City Council 3 requirements Illinois State Legislators Years Identify preferred means of funding(grants, City Council 4 referendum,impact fees,land donation,public- United City of Yorkville Residents 6 months private partnership,etc.) Grants(RFP/RFQ Process): United City of Yorkville Staff If applying for grants,develop a request for 5-A proposal/qualifications(RFP/RFQ)to hire a 3 months consultant(grant writer) Grants(RFP/RFQ Process): City Council 5-B political review and approval of RFP/RFQ Plan Commission 3 months Grants(RFP/RFQ Process United City of Yorkville Staff 5-C Advertise and accept RFP/RFQ from consultants 2 months Grants RFP/RFQ Process United City of Yorkville Staff 5-D Review the consultant proposals and give 2 months recommendation to City Council Grants(RFP/RFQ Process City Council 5-E political approval and appointment of consultant Plan Commission 2 months 5-F Grants(RFP/RFQ Process): United City of Yorkville Staff 2 months Negotiate contract Consultant(grant writer) Grants RFP/RFQ Process City Council 5-G political approval of contract Plan Commission 2 months 5-H Grants: Consultant(grant writer) 6 months Apply for funding —years Referendum: City Council 6-A Identify appropriate tax mechanism to assess to United City of Yorkville Residents 6 months fund construction Referendum: City Council 6-13 Identify if tax will be assessed only for construction United City of Yorkville Staff 3 months or continual to include long term maintenance Referendum: City Council 6-C Draft referendum for increased tax for municipal 6 months facility construction Referendum: City Council 6 months— 1 6-D Follow Illinois State Referendum Procedure for placing referendum on election ballot year United City of Yorkville DRAFT 2008 Comprehensive Plan 63 3.3 Community Facilities Objective 1.4 Continued Step Action Necessary Party Responsible Timeline Referendum: United City of Yorkville Residents 6-E Vote on referendum 1 year Impact&Transition Fees: United City of Yorkville Staff 7-A Assess current impact fee structure and funding 2 months available from previous impact fee collections Impact&Transition Fees: United City of Yorkville Staff 7-13 Assess surrounding municipalities' impact and 2 months transition fees as a gauge of Yorkville's fee structure Impact&Transition Fees: City Council Given the above assessment and current market United City of Yorkville Staff %-C condition,at the time,determine if an impact fee United City of Yorkville Residents 6 months increase or development of a transition fee would be applicable Impact&Transition Fees: City Council 7-D Vote to increase,add transition fees,or maintain fee 3 months structure Impact&Transition Fees: United City of Yorkville Staff If impact fees are increased or a transition fee -� ONGOING is added,begin assessing these fees to new developments Land Donation: City Council 8-A Continue to encourage property developers via Plan Commission ONGOING an incentive based program to donate land for United City of Yorkville Staff municipal buildings. Development Community I_.and Donation: United City of Yorkville Staff 8 E Given the location of the donated land,determine United City of Yorkville Residents ONGOING which facility would serve the highest and best use at that location Land Donation: City Council Secure financing,through this action plan for United City of Yorkville Staff 8-C construction,operation and maintenance costs. ONGOING Also consider general fund subsidies and user fees as financing sources. Public-Private Partnership: City Council 9-A Encourage private property developers to lease or Plan Commission ONGOING donate the use of their building or a portion of a United City of Yorkville Staff building for a public facility Development Community Public-Private Partnership: City Council 9-13 The use of the building could apply to utilizing Plan Commission ONGOING the building during off peak hours(for the private United City of Yorkville Staff business)for municipal programs/events Development Community Public-Private Partnership: City Council Leasing a portion of a private building for a public Plan Commission facility would reduce or eliminate public facility United City of Yorkville Staff �\ ONGOING construction costs and allows for the public use to Development Community grow into a space over time and the private sector to lease the unused space during that time United City of Yorkville DRAFT 2008 Comprehensive Plan 64 3A Land Use Goal I Encourage high quality, distinct and creative development which reinforces and unifies the identity of Yorkville. Objective 1.1 Develop a policy for consistent application of Yorkville's Design Guidelines. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Decide if Design Guidelines will be City Council 1 mandatory or encouraged of petitioners Plan Commission 2 months United City of Yorkville Staff If Design Guidelines are a mandatory City Council 2 requirement determine of whom they will Plan Commission 1 month be mandatory(commercial,industrial, civic, United City of Yorkville Staff residential, etc.) Incorporate Design Guidelines into City Council 3 - 6 3 Yorkville's Subdivision Control Ordinance Plan Commission months United City of Yorkville Staff If Design Guidelines are to be encouraged of Plan Commission petitioners, decide which review processes United City of Yorkville Staff 4 (type of projects) and when in the review 1 month process that design guidelines will be encouraged. Determine the most effective and efficient United City of Yorkville Staff 5 means of distributing design guidelines to 2 months petitioners 6 Monitor design guideline implementation United City of Yorkville Staff ONGOING Upon developing a Design Guideline policy City Council 7 (above)determine if updates to the Design Plan Commission 2 months Guidelines are necessary United City of Yorkville Staff If updates are necessary, draft changes(using United City of Yorkville Staff 3-6 8 Comprehensive Plan Citizens Advisory months Committee input as a guide) 9 Review draft language and submit feedback City Council 4 months Plan Commission Per review,pass updated Design Guidelines City Council 10 as amendment to Subdivision Control 4 months Ordinance(if applicable) 11 Continue application policy and monitoring United City of Yorkville Staff ONGOING of design guideline implementation United City of Yorkville DRAFT 2008 Comprehensive Plan 65 3A Land Use Objective 1.2 Develop community entrance features per design guideline specifics. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Review 2005 Design Guidelines Principle 11 - Plan Commission 1 Establish unique gateway entry features to identify United City of Yorkville Staff 2 months the City. 2 Determine if changes are necessary to Principle 11 Plan Commission 2 months 3 If changes are necessary,draft changes United City of Yorkville Staff 3—4 months 4 Review and submit feedback City Council 4 months Plan Commission 5 Finalize Principle 11 language United City of Yorkville Staff 3 months Once Principle 11 has been updated,if necessary, City Council 6 identify where community entrance features will Plan Commission 2 months be located United City of Yorkville Staff Of the locations identified,determine a prioritized City Council 2 months list for construction Plan Commission Secure funding necessary for entrance feature City Council 8 construction and potential land acquisition United City of Yorkville Staff ONGOING Grant Writer/Consultant? Grants RFP/RFQ Process: United City of Yorkville Staff If applying for grants,develop a request for -A 3 months proposal/qualifications(RFP/RFQ)to hire a consultant(grant writer) Grants(RFP/RFQ Process City Council 9-B 3 months Political review and approval of RFP/RFQ Plan Commission Grants(RFP/RFQ Process United City of Yorkville Staff 9-C 2 months Advertise and accept RFP/RFQ from consultants Grants RFP/RFQ Process United City of Yorkville Staff 9-D Review the consultant proposals and give 2 months recommendation to City Council Grants(RFP/RFQ Process City Council 9-E 2 months Political approval and appointment of consultant Plan Commission 9-F Grants(RFP/RFQ Process): United City of Yorkville Staff 2 months Negotiate contract Consultant(grant writer) Grants Process City Council 9-G political approval of contract Plan Commission 2 months 10 Apply for funding Consultant(grant writer) 6 months— 1 year Once funding has been obtained(through grant United City of Yorkville Parks&Rec. 6 months— 1 11 dollars or municipal budget)begin construction of entrance features per prioritized list year 12 Maintenance and upkeep of community entrance United City of Yorkville Parks&Rec. ONGOING features United City of Yorkville DRAFT 2008 Comprehensive Plan 66 3A Land Use Objective 1.3 Developments along roadways designated as gateways in the 2005 Comprehensive Plan should adhere to design guideline landscape specifics for gateway corridors. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Since the 2005 Comprehensive Plan Plan Commission 1 identifies gateways only south of the Fox United City of Yorkville Staff 2 months River,identify gateways north of the Fox River Review 2005 Design Guidelines Principle Plan Commission 9—Provide a unified landscape treatment United City of Yorkville Staff 2 throughout the City through the use 4 months of consistent right-of-way and buffer treatments 3 Determine if changes are necessary to Plan Commission 2 months Principle 9 4 If changes are necessary, draft changes United City of Yorkville Staff 3-4 months 5 Review and submit feedback City Council 4 months Plan Commission 6 Finalize Principle 9 language United City of Yorkville Staff 3 months Follow Land Use Section 3.4 Goal United City of Yorkville Staff 1 Objective 1 for application and implementation of design guidelines for ONGOING petitioners If gateways are already developed, United City of Yorkville Staff identify funding sources for landscaping Grant Writer/Consultant? 8 (grant money or municipal budget). If not ONGOING developed,petitioner/developer to finance in their project Secure funding for gateway landscaping United City of Yorkville Staff 9 projects (see Land Use Section 3.4 Goal 1 Grant Writer/Consultant? ONGOING Objective 2 to secure funding via grants) Construction and planting of gateway United City of Yorkville Parks&Rec. 6 months 10 corridors (if not done by petitioner/ — 1 year developer) (per project) Maintenance and upkeep of gateway United City of Yorkville Parks&Rec. Il corridors OR ONGOING Petitioner/Developer(Homeowners Association) United City of Yorkville DRAFT 2008 Comprehensive Plan 67 3A Land Use Objective 1.4 Encourage the development of use-oriented districts, including, but not limited to, a medical district, entertainment district, downtown/mixed use district, town center district, office/research/ development district, cultural district, age-restrictive residential, and a recreation district, in Yorkville's planning area. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify appropriate use-specific Plan Commission months 6 1 districts given existing land uses United City of Yorkville Staff 4 along with desired districts United City of Yorkville Residents ths Determine locations of these use- Plan Commission 4-6 2 oriented districts in Yorkville's United City of Yorkville Staff months planning area United City of Yorkville Residents Hold a public forum to obtain City Council feedback and aid in identifying United City of Yorkville Staff 2 months 3 use-specific districts and location United City of Yorkville Residents of them. Coordinate with the Yorkville United City of Yorkville Staff 4 Economic Development ONGOING Corporation(YEDC) and Chamber of Commerce Encourage land developers to United City of Yorkville Staff 5 find end-users whose business ONGOING would add to these districts Promote available land and Yorkville Economic Development Corporation 6 business space per use-oriented Yorkville Chamber of Commerce ONGOING districts United City of Yorkville DRAFT 2008 Comprehensive Plan 68 3A Land Use Objective 1.5 Encourage commercial development in the form of nodes around intersections and not strip development along roadways in order to limit access onto arterial roadways to ease traffic congestion and for aesthetic considerations. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Produce a 2008 Land Use Plan reflective Citizens Advisory Committee I of this objective United City of Yorkville Staff 2 months Approve 2008 Land Use Plan which City Council 2 reflects this objective Plan Commission 3 months Use Comprehensive Plan as a stricter City Council guideline on land use decisions, Plan Commission 3 particularly in regards to projects which United City of Yorkville Staff ONGOING are not compliant with the Comprehensive Plan United City of Yorkville DRAFT 2008 Comprehensive Plan 69 3A Land Use Goal 2 Begin a neighborhood planning initiative Objective 2.1 Produce neighborhood land use plans as appendices to the 2008 Comprehensive Plan Update which would provide more planning and implementation specifics in that area. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Using the 2008 Park and Recreation Plan Commission 3 -4 1 Master Plan subareas as a guide, split United City of Yorkville Staff months Yorkville's planning area into subareas From these subareas, determine a Plan Commission 2 prioritized list of these areas for plan United City of Yorkville Staff 4 months production Begin work on first subarea plan Plan Commission following a similar process to the 2008 United City of Yorkville Staff Comprehensive Plan Update(forming a United City of Yorkville Residents ONGOING citizens advisory committee, committee meetings &public forms, etc) Continually work on subarea plans as one United City of Yorkville Staff 4 is complete another begins. Work towards United City of Yorkville Residents ONGOING one subarea plan every 1-2 years. United City of Yorkville DRAFT 2008 Comprehensive Plan 70 3A Land Use Objective 2.2 Develop a historical preservation ordinance, which includes a statement of purpose, provides for the establishment of a review commission, outlines a process for designating local landmarks and/ or historic districts, and includes a process for reviewing actions affecting designated places, and a historical building inventory to become a Certified Local Government Program through the Illinois Historic Preservation Agency. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify communities with similar United City of Yorkville Staff programs and review potential to 2 months incorporate historic preservation into Yorkville's existing facade program Potentially in conjunction with the facade City Council 4 - 6 2 committee develop a Historic Review months Commission Determine the criteria for preservation, City Council 3 meaning of historic, and desired severity Historic Review Commission 4-6 months of the historic preservation ordinance United City of Yorkville Residents 4 Charge Historic Review Commission with City Council 2 months drafting a historic preservation ordinance 5 Draft a historic preservation ordinance Historic Review Commission 6 months Review and submit feedback City Council Plan Commission 6 4 months United City of Yorkville Staff United City of Yorkville Residents 7 Per review,pass into legislation City Council 4 months Begin a local historical survey program Historic Review Commission 8 to identify structures and places meeting ] ear the criteria in the Historic Preservation y Ordinance 9 Become a Certified Local Government Historic Review Commission 1 year Monitor historic districts and historic Historic Review Commission 10 landmarks (if created by ordinance)and ONGOING advise owners on proper rehabilitation techniques Apply for State and Federal funding Historic Review Commission 11 Programs to preserve and celebrate United City of Yorkville Staff ONGOING historic structures. Inform owners of tax credit programs. 12 Celebrate and promote Yorkville's historic Historic Review Commission ONGOING structures and places United City of Yorkville Staff United City of Yorkville DRAFT 2008 COMPrACnsive Plan 71 3A Land Use Objective 2.3 Revise existing Yorkville Economic Incentives Policy to include incentives for neighborhood based, locally owned, small businesses. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Review existing Yorkville Economic City Council 2-3 1 Incentives Policy United City of Yorkville Staff months Identify potential changes to the current City Council 2 Economic Incentives Policy to aid locally United City of Yorkville Staff 2 months owned, small businesses Draft updated Yorkville Economic United City of Yorkville Staff 3 Incentives Policy which will also support 4 months small business 4 Review draft and submit feedback City Council 4 months 5 Per feedback,pass into legislation City Council 4 months Coordinate with Yorkville Economic United City of Yorkville Staff Development Corporation(YEDC) and 6 Yorkville Chamber of Commerce about ONGOING updated policy and City's initiative to support local business. United City of Yorkville DRAFT 2008 Comprehensive Plan 72 3A Land Vse Goal 3 Increase open space standards and requirements for new developments Objective 3.1 Encourage the use of conservation design principles and green building techniques for new developments through amending Yorkville's subdivision control ordinances and/or design guidelines Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify preferred means of City Council 1 encouragement, i.e. an incentive based Plan Commission 4 months program or mandatory regulation Decide if ordinance revisions will be done City Council by City Staff or through a Consultant. If Plan Commission 2 months a Consultant, follow RFP/RFQ process and obtain financing RFP/RFQ Process City Council 3 See Natural Resources Section 3.1 Goal Plan Commission Approx. 1 2 Objective 1 for hiring a Consultant,if United City of Yorkville Staff year necessary. Consultant Data Collection: United City of Yorkville Staff 4-A Upon deciding type of program, identify OR 1 month communities with similar programs Consultant Data Collection: United City of Yorkville Staff Research the communities identified OR 4-13 in regards to their implementation of Consultant 2 months conservation design principles/green building techniques Aided by this research,produce a draft United City of Yorkville Staff amendment language for encouraging/ OR mandating conservation design principles Consultant 4 months and green building techniques in new developments Review and submit feedback City Council Plan Commission 6 United City of Yorkville Staff 4 months United City of Yorkville Residents 7 Per review,pass into legislation City Council 4 months Produce a handout on conservation United City of Yorkville Staff S design, green building, and other open OR 2 months space principles for developers to Consultant reference 9 Monitoring of conservation design United City of Yorkville Staff ONGOING implementation Vnite� City of Yorkville DRAFT 2008 Comprehensive Plan 73 3A Land Use Objective 3.2 Produce a feasibility study on land preservation techniques to decide which is best suited for protecting open space in Yorkville. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Review the 2005 Comprehensive Plan City Council 1 (Southern Study Area) "Options for Plan Commission 1 month Preserving a Rural City Boundary" United City of Yorkville Staff Add additional preservation options, if any, City Council 2 to the list for review Plan Commission 1 month United City of Yorkville Staff Of the preservation options listed, establish United City of Yorkville Staff which are appropriate for Non-Home Rule Communities(unless Yorkville is classified 3 1 month as a Home Rule community of at least 25,000 persons), along with which are preferred for local municipalities Add additional Pro/Con comments to the City Council 4 complied list of land preservation options Plan Commission 1 month United City of Yorkville Staff Of the preservation options listed, choose City Council 5 which to pursue through a feasibility study Plan Commission 2 months 6 Feasibility study on land preservation United City of Yorkville Staff 4 months techniques Upon completion of the study, decision City Council 3 months made on next steps for implementation Plan Commission United City of Yorkville DRAFT 2008 Comprehensive Plan 74 3.4 Land Use Objective 3.3 Amend United City of Yorkville's subdivision control ordinances and/or design guidelines to include a minimum open space requirement for all new developments. Action Plan for Implementation Step Action Necessary Party Responsible Timeline Decide if ordinance revisions will be done City Council by City Staff or through a Consultant. If a Plan Commission 1 Consultant,produce an RFP/RFQ for the 2 months project,potentially in conjunction with conservation design/green building ordinance. RFP/RFQ Process City Council 2 See Natural Resources Section 3.1 Goal Plan Commission Approx. 1 2 Objective 1 for hiring a Consultant, if United City of Yorkville Staff year necessary. Consultant Data Collection: United City of Yorkville Staff 3-A Identify communities with similar OR 1 mo11th requirements Consultant Data Collection: United City of Yorkville Staff Research the communities identified in OR 3-B 2 months regards to their implementation of open space Consultant requirements Identify desired minimum open space City Council 1 requirement using other communities as a Plan Commission 2 months guide United City of Yorkville Staff United City of Yorkville Residents Aided by this research,produce an ordinance United City of Yorkville Staff for minimum open space requirements OR 4 months Consultant Review and submit feedback City Council Plan Commission 6 United City of Yorkville Staff 4 months United City of Yorkville Residents 7 Per review,pass into legislation City Council 4 months 8 Monitoring of open space requirement United City of Yorkville Staff ONGOING implementation United City of Yorkville DRAFT 2008 Comprehensive Plan 75 3.4 Land Use Goal 4 Improve communication and cooperation between the United City of Yorkville and other municipalities, counties and regional planning bodies. Objective 4.1 Ensure continuity between United City of Yorkville planning documents and other municipality, county and regional planning documents Action Plan for Implementation Step Action Necessary Party Responsible Timeline Prior to adopting the 2008 Comprehensive Plan Commission Plan Update,review the land use of United City of Yorkville Staff 1 month surrounding municipalities particularly focusing on shared boundaries If there is a lack of contiguity between land Plan Commission 2 uses,review these locations and decide if United City of Yorkville Staff 1 month changes are necessary Dependent upon the changes necessary, either Plan Commission meet with surrounding municipalities' Staff United City of Yorkville Staff 3 and Plan Commission(s)to discuss lack of 2 months contiguity or change Yorkville's proposed land use to provide contiguity. If discussions are necessary, attempt to obtain Plan Commission 4 contiguity with other municipalities through United City of Yorkville Staff 4 months them. Participate in or stay informed on planning City Council 5 issues and changes in municipalities,the Plan Commission ONGOING county and the region United City of Yorkville Staff Support and participation in county and City Council 6 regional organizations Plan Commission ONGOING United City of Yorkville Staff Review and update, as necessary,Yorkville's City Council 7 planning documents Plan Commission ONGOING United City of Yorkville Staff United City of Yorkville DRAFT 2008 Comprehensive Plan 76 4 . Land Use Plan 4.1 Intent The land uses that develop in the coming years, combined with maintaining the viability of existing land uses, will shape the character and quality of Yorkville as it expands geographically and as redevelopment of existing city territory occurs. The Land Use Plan takes into account the elements that define the unique character of Yorkville and attempts to preserve and enhance these elements to create a unique and recognizable identity for the City. While areas of the Land Use Plan do coincide with the current use of the land, other areas propose a use different than the existing one. Many areas identified with a new future land use are now undeveloped, underdeveloped, or agricultural. It is recommended that with the development or redevelopment of any of these properties the new use should follow the Land Use Plan proposal. In all instances the Land Use Plan seeks to protect desirable existing uses and natural features, while proposing future uses in which the land is used to the highest and best use appropriate. The Land Use Plan will assist City leaders in guiding and directing growth and change to ensure that new developments are well integrated into the fabric of Yorkville. To accomplish this goal, the Land Use Plan builds off of the two previous chapters (Existing Conditions and Goals and Objectives)to create criteria which will effectively direct growth and development. Such criteria include: compatibility with existing land uses, existing zoning, environmental features, residential density, open space, transportation, other infrastructure systems and aesthetic criteria. Context for the general pattern of development is provided through the description and explanation of the specific land use classifications in the following pages. It is important to note that the Land Use Plan is not the City's official zoning map. Rather, it is a guide for decision making in the context of the City's future land use patterns. For several specific reasons, including but not limited to, changing market demands, development trends and/or economic trends that occur at some point in the future after the Comprehensive Plan is adopted, certain proposals that are contrary to the land uses shown for a particular parcel could be deemed as more beneficial to the City than what this plan recommends. When such a case occurs, the City will indicate why the deviation from the Comprehensive Plan is being considered and what factors are considered beneficial to the City. 01 United City of Yorkville DRAFT 2008 Comprehensive Plan 77 4.2 Land Use Classifications Residential Land Use Classifications One of the main goals for residential development in the Comprehensive Plan is to provide quality, distinct, and creative housing opportunities which preserve existing natural areas and emulate the unique character of the United City of Yorkville. The following land use classifications and the locations of them throughout the planning area attempt to follow this goal while providing quality housing choices and alternatives for all residents of the United City of Yorkville. Future developments ideally would provide a variety of housing types, as well as opportunities for citizens to interact with each other, their natural surroundings and the entire United City of Yorkville. Such distinct residential environments are not only characterized by their location and density, but are defined by the quality of the architectural design, landscaping, and preservation of open spaces and existing natural features. The design of a development is equality crucial in its affect on the City as its overall density. To effectively guide appropriate residential development and densities that best fit the Comprehensive Plan's residential development goals, the Land Use Plan defines the following Residential Land Use classifications: Rural Neighborhood, Estate Neighborhood, Suburban Neighborhood, and Traditional Residential Neighborhood. These land use definitions have been amended from the City's 2002 and 2005 Comprehensive Plans. As a supplement to the definitions, a brief narrative is included for each land use as it relates to the planning area. The narrative provides a general justification for the placement of each use shown on the plan. United City of Yorkville DRAFT 2008 Comprehensive Plan 78 4.2 Land Use Classifications 0 Rural Neighborhood 4,866.8 Acres 10.1% of Planning Area Intent The Rural Neighborhood Land Use classification is intended to - _ provide areas for very low-density detached single-family residences. Generally, areas designated as Rural Neighborhood have existing limitations regarding the provision of water and wastewater service. The Rural Neighborhood is characterized by substantial open spaces along roadways and between properties and may be considered more agricultural in nature. Gross density in Rural Neighborhood should be less than 0.5 dwelling units per acre. Existing Rural Neighborhood in Location Kendall County • Southeast corner of Yorkville's Planning area(Generally, east of Block Road and south of Route 126) 0 Estate Neighborhood 11,154.4 Acres 23.2% of Planning Area Intent The Estate Neighborhood Land Use classification is intended to provide areas for low-density detached single-family residences. The Estate Neighborhood is characterized by substantial open spaces along roadways and between properties. This "open" character is often identified with the United City of Yorkville and this land use classification intends to protect and enhance this identity. Gross density in Estate Neighborhood areas should be less than 1.75 dwelling units per acre. Example of Estate Neighborhood Developments requesting densities above 1.5 dwelling units per acre shall illustrate compliance with the City of Yorkville's Design Guidelines. In addition to showing compliance with the design guidelines, the developer must also demonstrate their ability to add specific improvements such as: United City of Yorkville DRAFT 2008 Comprehensive Plan 79 4.2 Land Use Classifications •Assist with funding offsite City infrastructure improvements (water, wastewater, transportation) • Integration of architectural standards (i.e. masonry, side entry garages, anti-monotony setbacks and elevations) that exceed the requirements of the City's current appearance code and architectural standards. • Landscaping (i.e. increased landscape buffers,planting) • Increased allocation of open space beyond City requirement Location • Existing developed areas of large lot single-family detached residences • Planned locations to create an effective transition from suburban neighborhood to rural neighborhood and outlying rural and agricultural areas •Areas which contain significant tree masses •Areas with substantial topographic constraints •Areas with limited wastewater services •Along the Prairie Parkway corridor to maintain rural character Suburban Neighborhood 11,327.8 Acres 23.6% of Planning Area Intent The Suburban Neighborhood Land Use classification is intended to be a residential area primarily comprised of single-family detached residences. The Suburban Neighborhood land use seeks to preserve existing developed areas at this density and to create new lower- density environments characterized by intimate neighborhoods and residences of distinctive design. As with the Estate Neighborhood, integration of open spaces,particularly along major roadways and at the periphery of each development to transition to adjacent areas, is vital to both the character of the development and the identity of the City. Gross density in this classification should be between 1.50 and 2.25 dwelling units per acre. Existing Suburban Neighborhood Developments requesting densities above 2.0 dwelling units per acre shall illustrate compliance with the City of Yorkville's Design Guidelines. In addition to showing compliance with design guidelines, United City of Yorkville DRAFT 2008 Comprehensive Plan 80 4.2 Land Use Classifications the developer must also demonstrate their ability to add specific improvements such as: •Assist with funding offsite City infrastructure improvements (water, wastewater, transportation) • Integration of architectural standards (i.e. masonry, side entry garages, anti-monotony setbacks and elevations) that exceed the requirements of the City's current appearance code and architectural standards. • Landscaping (i.e. increased landscape buffers,planting) • Increased allocation of open space beyond City requirement Location • Existing developed areas of single-family detached residential • Planned locations to create an effective transition from transitional land uses to estate neighborhood •Areas with some topographic constraints • Generally, centrally positioned along main thoroughfare corridors - Traditional Residential Neighborhood 473.1 Acres 1.0% of Planning Area Intent The Traditional Residential Neighborhood classification is created to recognize and preserve the existing unique residential neighborhoods in the developed core of the City. Residential densities vary within the Traditional Residential Neighborhood. Future development will likely i be in the form of redevelopment of existing sites. Any redevelopment should be consistent with the 2005 Downtown Vision Plan prepared by ` the City. Location • Existing residential neighborhoods in and around the downtown area of the City - • Existing residential neighborhoods in the Town of Bristol -fir■. Example of Traditional Residential Neighborhood United City of Yorkville DRAFT 2008 Comprehensive Plan 81 4.2 Land Use Classifications Commercial Land Use Classifications Providing areas for retail development is important for Yorkville as retail sales tax revenue can provide significant funding for City projects. By providing adequate areas for retail development Yorkville's residents are able to purchase the goods they need locally,without having to travel to surrounding cities. This provides significant benefits to citizens by enabling them to have their retail needs met locally, benefits to the City by enabling it to capture the retail tax revenue generated by its citizenry, and benefits to the environment by reducing the length of trips and thus car emissions by residents needing to fulfill their retail needs. To effectively guide appropriate commercial development to best fit the Comprehensive Plan's commercial development goals, the Land Use Plan defines the following Commercial Land Use classifications: Commercial and Neighborhood Retail. These land use definitions have been amended from the City's 2002 and 2005 Comprehensive Plans. As a supplement to the definitions, a brief narrative is included for each land use as it relates to the planning area. The narrative provides a general justification for the placement of each use shown on the plan. United City of Yorkville DRAFT 2008 Comprehensive Plan 82 4.2 Land Use Classifications - Commercial 2,373.3 - 1,090.9 Acres 5.0 - 7.2% of Planning Area Intent The Commercial Land Use classification includes uses such as retail, service, restaurant, entertainment. This land use classification intends to promote market-sensitive development of commercial uses within strategically located areas to efficiently, effectively and conveniently serve the growing local population while reinforcing the importance of the United City of Yorkville as a regional center. The Comprehensive Plan's goal for such development includes expanding the economic vitality and employment base of the City. The Land Use Plan strengthens the presence of the existing core of commercial uses in the City while allowing for additional locations of commercial development that serve the planning area and minimize conflicts with the transportation network and adjoining properties. As Commercial Land Use at Kendall Marketplace the Land Use Plan map shows, it is recommended that commercial uses locate along major thoroughfares in Yorkville, principally so that such land uses will have good accessibility. However, because of the nature of commercial land uses,which often require outside storage, display and sales areas, these areas should be buffered from public view(i.e. that should not be visible from the roadways) and from nearby residential uses. Despite being located along major thoroughfares throughout the planning area, strip commercial development which runs the length of the corridor is not encouraged. Where possible, developments should provide pedestrian connections to the commercial nodes for alternative transportation access. Commercial development should also strictly comply with the City of Yorkville's Design Guidelines to ensure attractive, coordinated retail centers are planned. Further, as a goal of this Comprehensive Plan,use-oriented districts should be encouraged to provide an agglomeration of uses. These use-oriented districts include, but are not limited to, entertainment, healthcare, downtown, cultural and recreation. These districts while they are defined as commercial development, function as unique locations within Yorkville's planning area, and should be handled and identified as such. United City of Yorkville DRAFT 2008 Comprehensive Plan 83 4.2 Land Use Classifications Location •At the interchange of Prairie Parkway and Route 47 •Near the potential Metra Station to develop transit-oriented uses • Downtown Yorkville • Generally, at the intersections of arterials and major collector thoroughfares (Baseline Road, Route 47, Galena Road, Eldamain Road, US 34, Route 71, Route 126, Highpoint Road,Ament Road, Walker Road, and Caton Farm Road) - Neighborhood Retail 238.8 Acres 0.5% of Planning Area Intent The Neighborhood Retail classification provides 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(e.g. convenience stores, florists,beauty salons, dry cleaners, cafes, coffee shops, day care centers, small grocery stores, restaurants, etc.). By providing retail opportunities in close proximity to future residents, trips for everyday needs and services can be concentrated near residents'homes and reduce the demands for continuous retail development along major Example of Neighborhood Retail highway corridors, which in turn,reduces the additional vehicle trips along these corridors. Where possible, developments should provide pedestrian connections to the neighborhood retail nodes for alternative transportation access. The neighborhood retail nodes should also strictly comply with the City of Yorkville's Design Guidelines to ensure attractive, coordinated retail centers are planned. Location • Generally, at the intersections of major collector and collector thoroughfares (Beecher Road, Galena Road, Comeils Road, Greenbriar Road, Walker Road and Lisbon Road) AdsmahL United City of Yorkville DRAFT %a 2008 Comprehensive Plan 84 4.2 Land Use Classifications Industrial and Office Land Use Classifications The Land Use Plan includes distinct, significant areas to locate industrial uses and officeibusiness parks. Such uses provide necessary employment opportunities for area residents, and strengthen the economic base of the United City of Yorkville. In order to provide a variety of industrial uses in Yorkville, two classes within the Industrial and Office Use classification are established, Industrial and Office/Research. As a supplement to the definitions, a brief narrative is included for each land use as it relates to the planning area. The narrative provides a general justification for the placement of each use shown on the plan. United City of Yorkville DRAFT 2008 Comprehensive Plan 85 4.2 Land Use Classifications M Industrial 1,467.6 - 1,792.7 Acres 3.1 - 3.7% of Planning Area Intent The Industrial Use class intends to allow limited and general manufacturing, assembly, wholesale and warehouse uses in distinct areas that can be served well by transportation and other infrastructure. In addition to the location need determined by infrastructure, these areas should also locate where truck and/or rail traffic and hours of operation would not serve as a nuisance to their surrounding neighbors. Industrial Land Use at Fox Industrial Location Park • Eldamain Corridor between the BNSF railroad and Galena Road •Along Route 47 at the BNSF Railroad • East side of Route 47, north of Route 71 •At the Route 71 Interchange of the Prairie Parkway Office and Research 486.0 - 1,902.0 Acres 1.0 - 4.0% of Planning Area Intent The Office and Research Use class seeks to encourage development of office and light industrial uses in a larger-scale business park- like setting. Primary uses are intended to be large office properties and facilities for research, testing and product development. Light - manufacturing uses are intended to be limited in scope. Hospitality uses can be integrated into the business park as an ancillary use. It is recommended that the City concentrate on attracting businesses engaged in light-industrial and office/research/development type activities that would be contained within a building (i.e. a minimal amount of open storage), such as high-tech services, medical services Office Land Use at Prairie Pointe and software manufacturing. The City should also look to attract "green collar" employers whose business missions' are to improve environmental equality and promote sustainability within their business. United City of Yorkville DRAFT 2008 Comprehensive Plan 86 4.2 Land Use Classifications Light industrial businesses tend to have many of the advantages of general industrial uses (i.e. employment, increase tax base)without the disadvantages often related to traditional, heavier industrial uses (i.e. adjacency challenges,pollution). Location • East of Beecher Road at the BNSF Railroad •At the Route 71 Interchange of the Prairie Parkway •At the Route 47 Interchange of the Prairie Parkway United City of Yorkville DRAFT 2008 Comprehensive Plan 87 4.2 Land Use Classifications Mixed Use Land Use Classification The Land Use Plan identifies locations to serve as a buffer between intensive land uses (commercial, industrial, or office/research) and low-density residential uses. This land use classification, Mixed Use, acknowledges that the highest and best use of land not only differs from location to location,but is also dependent on the existing development conditons and on market conditions. As a supplement to the definition, a brief narrative is included for each land use as it relates to the planning area. The narrative provides a general justification for the placement of each use shown on the plan. United City of Yorkville DRAFT 2008 Comprehensive Plan 88 4.2 Land Use Classifications 0 Mixed Use 1, 420.7 Acres 3.0% of Planning Area Intent The Mixed Use classification establishes unique areas which are best fit for medium density residential, small office complexes or open space. Each development falling into the Mixed Use classification will be unique, as it is considered that these uses will be established as planned unit developments (PUD). These planned unit developments can incorporate all or one of the following uses: residential neighborhoods of varying densities, open spaces or carefully integrated office uses. Developments within the mixed use classification should comply with the City of Yorkville's design guidelines to ensure the development is representative of the high quality of living found in Yorkville. This use generally serves as a positive buffering element between single-family residential areas and major roadways and/or non- Example of potential office uses in residential uses. If it is determined that a location will develop as a Mixed Use Land Use residential use, gross residential density in this classification should not exceed 3.50 dwelling units per acre. Or, if an area will develop as an office use,buildings shall be relatively small in terms of their building (and related parking area) size and designed in a manner that is compatible with the surrounding residential uses. The mixed use classification also encompasses open space, as it is acknowledged that open space either passive, active, or preservation can be a positive buffering element between intense commercial or industrial properties and lower density residential. Examples of potential developments in the mixed use classification include single family attached residential units, age restrictive residential, one story office buildings, or recreational amenities (playgrounds,ballfields, or golf courses). Again, it should be acknowledged that each development is unique and in no manner does a previous development set the precedent for another. Each development submittal will be handled as a unique case with the highest and best use of the land to the City of Yorkville determined on a case by case basis. United City of Yorkville DRAFT 2008 Comprehensive Plan 89 4.2 Land Use Classifications Location • Existing developed areas of single-family attached residential • Generally, at planned locations to create an effective transition from intense land uses (commercial, industrial, office/research)to suburban neighborhood 4 •Along Route 71, east of Route 47 •Along Route 47 between Conservation Drive and Caton Farm Road •At the Route 47 Interchange of the Prairie Parkway •Near the potential Metra Station to develop transit-oriented uses Example of potential residential uses in Mixed Use Land Use United City of Yorkville DRAFT 2008 Comprehensive Plan 90 4.2 Land Use Classifications Institutional Land Use Classifications The Land Use Plan includes areas to locate institutional, public or semi-public ownership,uses. Such uses strengthen the overall quality of life for residents in the United City of Yorkville. Two classes within the Institutional classification are established, Public/Quasi Public and Park/Open Space. As a supplement to the definitions, a brief narrative is included for each land use as it relates to the planning area. The narrative provides a general justification for the placement of each use shown on the plan. United City of Yorkville DRAFT 2008 Comprehensive Plan 91 4.2 Land Use Classifications - Public/Quasi Public 447.1 Acres 0.9% of Planning Area Intent The Public/Quasi Public Land Use classification identifies existing and proposed City facilities, Kendall County facilities,Yorkville Bristol Sanitary District facilities, Bristol Kendall Fire Department facilities, as well as school, religious institutions, and other non-private land uses. The Comprehensive Plan assumes that the proposed facilities located on the Land Use Plan map are subject to change and that additional future facilities are allowed within the various land use categories illustrated on the plan as deemed necessary by the City Yorkville's City Hall Location • Kendall County Government Complex along US 34 •Yorkville City Hall along Game Farm Road • Existing and proposed District 115 School Sites •Yorkville Post Office along Countryside Parkway •Yorkville Bristol Sanitary District along the Fox River • Religious Institutions throughout the Planning Area Park/Open Space 9,514.6 Acres 19.8% of Planning Area Intent The Park/Open Space Land Use classification is intended to preserve existing public open spaces such as recreational areas (park lands), existing privately held open space properties such as cemeteries, while identifying environmentally sensitive areas to establish appropriate locations for new designated open spaces. Consistent with the goals the Comprehensive Plan, the Land Use Plan seeks to provide a connected open space and trail system linking developments and residents within Yorkville to establish a green infrastructure system. Also, consistent with the goals of the Comprehensive Plan, the Land Example of Park/Open Space Land Use Use Plan seeks to preserve features of topographic significance. United City of Yorkville DRAFT 2008 Comprehensive Plan 92 4.2 Land Use Classifications This classification is not intended to establish potential locations for open spaces that are located with Planned Unit Developments or other developments. All planned developments are expected to consult with the Yorkville Parks and Recreation Department to ensure that the recreational needs of Yorkville residents are being addressed. Location •Along existing floodplains and natural drainage corridors •Areas with significant topographic features • Open Space Areas and Opportunities Areas from the Protect Kendall Now! Plan • Forest Preserve Properties • Commonwealth Edison Right of Ways United City of Yorkville DRAFT 2008 Comprehensive Plan 93 4.3 2008 Land Use Map Each of the land use classifications identified are shown on the Land Use Plan map on the following page. Each land use classification relates to a subsequent color, as seen next to the land use classification name. Generally, residential land uses are shown in a shade of yellow, commercial land uses are shown in a shade of red, industrial land uses are shown in purple and open space land uses are shown in green. Additionally, some areas on the Land Use Plan map are hatched with two colors representing different land use classifications. This is done to identify that some areas are suitable to multipliable land uses. This is also way some land use classifications have a range of acreage and percentage of the planning area. Generally, land use pairings include, but are not limited to: - Commercial & Office and Research - Industrial & Office and Research United City of Yorkville DRAFT 2008 Comprehensive Plan 94 ---------- The Data is provided without warranty or any representation of N accuracy,timeliness,or completeness.It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and yy E appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. I j s Public/Quasi Public Land Use Legend Montgomery I OPublic/Quasi Public Land Use ID ` j I 1-Proposed Elementary School-Dist 115 _ ,�.,., 3O I I I I I 2-Proposed Elementary School-Dist 115 -- _ J - ' 3-Bristol Bay Elementary School 4-Bristol Kendall FPD Station 3 '� -/ 1 — • — — • — �------' "--"—" 5-Bristol Grade School (� 6-Bristol Post Office 7Yorkville YMCA 8: New Life Church 9-Cross Lutheran North I� 10-Grande Reserve Elementary School �y"�" IL _ • _— ll-Trinity United Methodist Church 12-Bristol Kendall FPD Station 2 � 13-Autumn Creek Elementary School A] ,[ 14-Kendall County Government Center 15-Yorkville Congregational Church 16-Yorkville REC Center `( 17-Yorkville Post Office _ 18-Yorkville High School t L i- 4 1 ---' _ 5 19-Yorkville City Hall/Police DeptlLibrary ,\ - 20-Yorkville Grade School/Yorkville High School Academy -- 21-St Patricks Catholic Church 22-Yorkville Bristol Sanitary District 23-Yorkville Intermediate School/Circle Center Grade School 8- -- � V 24-Bristol Kendall FPD Station 1 , �- - 9 25 Grace Community Church 7- - 26-Yorkville Middle School ' 27-Proposed Elementary School-Dist 115 j28-Cross Lutheran Church/School 29-Proposed High School-Dist 115 - 6 Irl j1 Ir r i Metre Station i F-- to 1 —— 1 Plano 7 15 r -- / 14 Oswego �I--� 7� 1 19 8 20 AI au ---L . r win - tom,,•`' , � ' / I I a �y It 25 a a o- i• 24 o 0 0 C ,' 26 126 r 27 - 28 29 _ - — - — - — - 4' — °eF 47 i I i i I L Plattville I I ' United City of Yorkville OLegend - 0 0.25 0.5 1 1.5 2 k;�'yorkvllle Planning Area 2008 Land Use Plan Suburban Neighborhood Intlustnal Parks/Open Space 2008 Land Use Plan •Locally Proposed Roads Land Use Classification —Tiedkional Neighborhood -Ofice/Research C—anerd,I/Office Research p Miles E—Prairie Parkway B5 Alignment O Rural Neighborhood —Commercial O Mixed Use JZ Industrial/Office Research July 24, 2008 O Prairie Parkway ROW O Estate NeighboMood -Neighborhood Retail -PubliclQuasi Public United City or Yorkville GIS The Data is provided without warranty or any representation of accuracy,timeliness,or completeness.It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. s Public/Quasi Public Land Use Legend Baseline Rd 30 OPublic/Quasi Public Land Use ID 1-Proposed Elementary School-Dist 115 2-Proposed Elementary School-Dist 115 1 . 3-Bristol Bay Elementary School 4-Bristol Kendall FPD Station 3 ` 5-Bristol Grade School 6-Bristol Post Office 7-Yorkville YMCA _ 8-New Life Church -- _ - 9-Cross Lutheran North 10-Grande Reserve Elementary School 11-Trinity United Methodist Church 12-Bristol Kendall FPD Station 2 II . 13-Autumn Creek Elementary School ' 14-Kendall County Government Center Igou 15-Yorkville Congregational Church • 9hb t a e_D 16-Yo rkville REC Center I 17-Yorkville High Office 18- High School c� Po ee Brls of 19-Yorkville City Hall/Police DeptlLibrary E 20-Yorkville Grade School/Yorkville High School Academy 21-St Patricks Catholic Church a at 22-Yorkville Bristol Sanitary District t le nn 23-Yorkville Intermediate School/Circle Center Grade School 24-Bristol Kendall FPD Station 1 25-Grace Community Church 26-Yorkville Middle School 27-Proposed Elementary School-Dist 115 a Pensacola St 28-Cross Lutheran Church/School 29-Proposed High School-Dist 115 s � 2 / W J ye an Ct g Nathan Dr 4,7 c qo` u Gss aooa ooh o stwood D °o o � a ------------------------------------------- i Shado I I I Plano c I F @� i E Metra Station at i W . � • nfeda --I I ------ I � leaf Gpe y Rd Fairhaven f I i 90' �u 11 - - 04 ry i n Trl Ct J i I Plains White n D � ® _ t Norton - berry Blackberry Shore Ln Cr E 16 Sol C atn �> o _ m ■ eca e ^L^ :cheatnue L ndependenoe Leisure St m I E e m N C rl it S Pleasure Dr � i ,1-u ay ---r—___ a O 4'. I J i _ O Walnut St Andrew i St 19 1$ Ap 21 k'hed m T I L Woodview c �----¢---- �• I • E' 20 m I Schaefer Rd � . . . . . . .■- f I i ■• _ E Mitchel Dr - 1 _ e River Rd ■■. y i 22 m ol ■ e 3' m River Birch Dr y !' + — x River Lt„ giver Birch Ln--. Snato United City f Yorkville Legend y 0 0.25 0.5 ��'�orkville Planning Area 2008 Land Use Plan 0 Suburban Neighborhood _Intlustrial —ParkslOpen Space 2008 Land Use Plan - N W 1/4 •Locally Prods-d Roads Land Use Classification -Tradifi...I Neighborhood_OfficelRe—.1h -Commercial/Ofice Research p Mlles o Prairie Parkway B5 Alignment Rural Neighborhood _Commercial Amal Use -Indushial/Office Research July 24, 2008 O Prairie Parkway ROW Estate Neighborhood -Neighborhood Retail _PubliclQuasi Public UMred Cifil Yorkville GIS The Data is provided without warranty or any representation of N accuracy,timeliness,or completeness.It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and y„ appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. s Public/Quasi Public Land Use Legend OUS Route$0 Public/Quasi Public Land Use ID 30 1-Proposed Elementary School-Dist 115 • I L 2-Proposed Elementary School-Dist 115 I c 3-Bristol Bay Elementary School J 4-Bristol Kendall FPD Station 3 I - - o 5-Bristol Grade School _ _ _ _ - — - — - j 6-Bristol Post Office ti. ' . . . . . t7 l 7-Yorkville YMCA 8-New Life Church 9-Cross Lutheran North • ' I 10-Grande Reserve Elementary School I Whirlaway Ln ii-Trinity United Methodist Church 12-Bristol Kendall FPD Station 2 13-Autumn Creek Elementary School 14-Kendall County Government Center 15-Yorkville Congregational Church 16-Yorkville REC Center I _, 17-Yorkville Post Office 1/pu 18-Yorkville High School ghb t Barrett Dr' •,P __J 19-Yorkville City Hall/Police DeptlLibrary a " 3 I • . Providence Ln 20-Yorkville Grade School/Yorkville High School Academy no O • I c 21-St Patricks _Catholic Church = n a __ Brit I 22-Yorkville Bristol Sanitary District - N 23-Yorkville Intermediate School/Circle Center Grade School m Mar tte m \ 24-Bristol Kendall FPD Station 1 St O - ° �\ 25-Grace Community Church le o Concord Dr 26-Yorkville Middle School - 27-Proposed Elementary School-Dist 115 3 Ga 28-Cross Lutheran Church/School 29-Proposed High School-Dist 115 ° B Pensacola St o • --- --- ----�—� `�Blackhawlr Blvd eJ —_ - � i------ -&g Bend Dr i N C ress Dr o Pecos Cir S Cypress Dr u y/ 1■ Silver Ci:Ct �� - �� \� woo¢ / � / — Montgomery — " 0�°O '0 book nwen Ct( '7 !� �\ pr Fosfer or / / 1 ig and Dr ,k�e cr°Q Big Rock Blvd Shog9ar or Allegiance Cro m Mlll R m m Holt Bert N Seel. Sf c �a f� an Ct 47 � a p` Nathan Dr - adoww 10 s o � Y p0 Y o°TtFe°� r 0 6 OKSt q R� ; i stwood D � n� r Oswego / oa o ° Shado w�'� � f o\ d the i c Od.{ra 'm m O r > u � �Yeek a 3m - • Of 9 1f a tbeM f m� c�D ® 0a o � � _. ti er oodct � eat P°dc• � O� o o`° -- k 0° .�� one m f �w a 3 Je ud Fairhaven r $.e c Sao m a 04 / In,of © m t Norton at 13 R 1'1 ego berry c o ackberry Shore a/ I Ndy � ya%D.. $ O ""• 15 16 j • . a ° Re _ 14 John St naapandan°a Leisure st 4a'd Ra q ' Pleasure l t � °�astedy0i I m Walnut f e 71 � 19 whoa Dr m nvarer Or I m 21 Q I 18 Appletree Cf a � p°K • ° Oak ID a c a I .■■ -_ D m�O v 5 � NaedNH C°4"ety l,dw O ° Quin ce! is a° Tall sa Dr River Birch Dr Fo x c River _ iver Birch Ln L °� a tL o C United City f Yorkville Legend y 0 0.25 0.5 �� kville Planning Area 2008 Land Use Plan Suburban Neighborhood _Indusldal —Parks/Open Space 2008 Land Use Plan - N E 1/4 k'vocally Proposed Roatls land Use Classification-Tradftional Neighborhood—O(fim/Research -Commerrdal/Offce Research p Mlles ®Prairie Parkway B5 Alignment O Rural Neighborhood -Commercial Mixed Use -IntlusMal/Office Research July 24, 2008 =Prairie Padrway ROW O Estate Neighborhood _Neighborhood Retail _Public/Quasi Public United City of Yorkville GIs N . The Data is provided without warranty or any representation of qy`��1I^y� accuracy,timeliness,or completeness.It is the responsibility of the WEB ° el 'Requester"to determine accuracy,timeliness,completeness,and 1j{�1 appropriateness of its use.The United City of Yorkville makes no ` warranties,expressed or implied,to the use of the Data. I— 15 a 16 7°.° Public/Quasi Public Land Use Legend 34 •` ` Regal (J Public/Quasi Public Land Use ID ha se I 1-Proposed Elementary School-Dist 115 • °` • 2-Proposed Elementary School-Dist 115 at °A° 3-Bristol Bay Elementary School L� Pu.•„re or �q •� �__—_ 4-Bristol Kendall FPD Station 3 B 5-Bristol Grade School -Bristol Post Office 19 7-Yorkville YMCA p° •O'o, Oswego 8-New Life Church n • c 'E f 9-Cross Lutheran North 110 whBea, 10-Grande Reserve Elementary School v �� ° 11-Trinity United Methodist Church 12-Bristol Kendall FPD Station 2 2Ur • 13-Autumn Creek Elementary School ■- ' e'•. 14-Kendall County Government Center 15-Yorkville Congregational Church Nee 16-Yorkville REC Center 17-Yorkville Post Office 18-Yorkville High School y 19-Yorkville City Hall/Police Dept/Library 22 • $ °"nr�, 6 ° r 20-Yorkville Grade School/Yorkviile High School Academy ° u m.. 21-St Patricks Catholic Church �` \\ •n.l.. xe°`Ba O°a• 22-Yorkville Bristol Sanitary District '••or i 23-Yorkville Intermediate School/Circle Center Grade School akd, _ T/L1 Rip", 24-Bristol Kendall FPD Station 1 -- �i Iex� lone 25-Grace Community Church 26-Yorkville Middle School 27-Proposed Elementary School-Dist 115 ■ I � ,___—_____---- 28 Cross Lutheran Church/School Proposed High School-Dist 115 23 a a ♦ 5 h 248 °`geR •` % Q q ID o 4 m � C) e 0 �eg• se det ,. Bh.... -n-ae.Le l � � �• � � wh rxf• .-�J - � G ��.�' � • _ � �� saga wn.d (till erTil 126 — Bat �° et • •ayep ` F 27 1 bit Gam,. 1 - ol Ne°a et p �• t • 28 29 _ • Wheeler Rd Gate.Ln . � • � • � • � • � - 47 W lker Rd ' Caton Farm Rd Plattville United City of Yorkville O Legend g 0 0.5 1 �;�,yorkviile Planning Area 2008 Land Use Plan Suburban Nei hborhood-Industdal -Parks/Open Space 2008 Land Use Plan - S E 1/4 •Locally Proposed Roads Land Use Classification—Tradttional Neighborhood_OfficelResearch -C—er a/Office Research Mlles i Prairie Parkway B5 Alignment O Rural Neighborhood _Commercial O Mixed Use -Ind-t-ii Research July 24, 2008 -Prak!,ParkwayROW Estate Neighborhood ®NeighborheodReteil i...iPublic Unired City ofYorkilleGIS I — — The Data is provided without warranty or any representation of L, ' N accuracy,timeliness,or completeness.It is the responsibility of the -� ----- ' "Requester"to determine accuracy,timeliness,completeness,and 34 _ _ _ _ 15 1 W E appropriateness of its use.The United City of Yorkville makes no —� _ . warranties,expressed or implied,to the use of the Data. r-- I c„o eoem= K, 16 s ah b Public/Quasi Public Land Use Legend 14 O Public/Quasi Public Land Use ID / ^seI•.m Ic P • m n.ry°L mL .....d"• . �e 1-Proposed Elementary School-Dist 115 2:P roposed Elementary School-Dist 115 Plano 3 Bristol Bay Elementary School ------� 19 a 4-Bristol Kendall FPD Station 3 ' _ - 5-Bristol Grade School �r�; Andrew I.st j /—,r.> •I i 18 6-Bristol Post Office k I „ ` 1) R_ _ 7:Yorkville YMCA 8 New Life Church �� ----J w°nn • / 2U 9.Cross Lutheran North D ' 10-Grande Reserve Elementary School '�-_. ' s.h°xa Rd • - ■- -Trinity United Methodist Church 1 ell" fi 12-Bristol Kendall FPD Station 2 y � --_ O 13-Autumn Creek Elementary School E MR-1 Dr • • ae . m 14-Kendall County Government Center 15-Yorkville Congregational Church 16-Yorkville REC Center 17-Yorkville Post Office 18-Yorkville High School \� o «� "•t° 19-Yorkville City Hall/Police Dept/Library ' p, 20-Yorkville Grade School/Yorkville High School Academy = s. Fox River 21-St Patricks Catholic Church E 22-Yorkville Bristol Sanitary District c 23-Yorkville Intermediate School/Circle Center Grade School C 24-Bristol Kendall FPD Station 1 y 2 25-Grace Community Church 7 26 Yorkville Middle School 27-Proposed Elementary School-Dist 115 100 F _. 28-Cross Lutheran Church/School t ��, • .1 29-Proposed High School-Dist 115 - - ' W '.■ auhrmast t i 23 - — �� /• Fllnl Lreek Ln 9 •. �' �. 24 a ol o e • 000 � ° . ' � ❑ Y 126 '• Fox Rd , e"' - 3� v . O -, P LY ❑ xineam �. f Id Dr $� m V F i S s N'bhr R, � Rfiren� �� cv �q yy ofSy 27 �I 3 p F L�1 G°°••N 3 \ —Rd 11 not a°dd ad �a � � Anent RO W Neh • . _ Q / • ntey b° • 28 0 1 � D •` Qa a 29 ar Wal •` 8 �o i - i ally e I i Caton Farm Rd United City f Yorkville Legend y 0 0.5 1 �� rkviile Planning Area 2008 Land Use Plan O Suburban Neighborhood -Industrial -Perks/Open Space 2008 Land Use Plan - S W 1/4 �,-Loceliy Proposed Roads Land Use Classification—Traditional Neighborhood O Office/Research -Commercial/Ofice Research Mlles Prairie Parkway 65 Alignment O Rural Neighborhood —Commerral O Mixed Use -Industdat/OFice Research July 24, 2008 =Prairie PalkwayROW OEstawNeighborhood -Neighborhood Retail _Public/Qua,!Public United City ofyorkvilleGIS Tnnspor tation n 5.1 Intent The Transportation Plan presented here is not to serve in place of the 2003 United City of Yorkville Transportation Plan. The information presented identifies the existing street network, along with the proposed roadways identified in the 2003 Transportation Plan, 2008 Kendall County Long-Range Transportation Plan, and the Kendall County Land Resources Management Plan. The Transportation Plan divides the roadways into a hierarchy system of classifications. These include:Arterial, Major Collector, Collector, Minor Collector, and Local Residential. The definitions, below, have been utilized from the United City of Yorkville's Subdivision Control Ordinance and reference average daily traffic (ADT)which is the number of vehicles traveling a roadway per day. Roads are classified based on the future land uses and intensity of land uses in that area. Thus, some roads are not classified in their existing state. Arterial Roadways which are components of a regional roadway network. Their foremost function is to facilitate regional original and destination travel. Arterials should have the most restricted number of access points and carry the greatest volume of daily traffic at the highest speeds. Arterial roadways in Yorkville's planning area are US 34, US 30, State Route 47, State Route 126, State Route 71, and the Proposed Prairie Parkway. Major Collector Roadways which serve as a main traffic thoroughfare,both within and outside the City, carrying heavy volumes of traffic. They facilitate the movement of regional traffic, and are intended to carry more than 12,000 ADT. Major collector roadways within the Yorkville planning area are: Galena Road, Cannonball Trail, Bristol Ridge Road, Eldamain Road, Beecher Road, Fox Road, Highpoint Road,Van Emmon Road, Minkler Road,Ashley Road, Caton Farm Road,Walker Road, Grove Road, and Lisbon Road. United City of Yorkville DRAFT 2008 Comprehensive Plan 95 5.1 Intent Collector Roadways which collect and distributes traffic primarily within residential areas. Streets carry between 2,500 and 12,000 ADT. This classification also applies to areas directly serving commercial or industrial zoned areas. Collector roadways within the Yorkville Planning Area are: Baseline Road, Faxon Road,Alice Avenue, Center Parkway, Countryside Parkway, McHugh Road, Kennedy Road, Mill Road, Spring Street, River Road, Greenbriar Road, Prairie Crossing Drive, Penman Road,Walker Road(east of Route 47), and Canton Farm Road (west of Route 47). Minor Collector Collects and distributes traffic within developed areas, and is used primarily for internal trips within the planning area. This street carries between 1,000 and 2,500 ADT. Minor Collector roadways within the Yorkville Planning Area are: Bristol Bay Drive, Rosenwinkel Street, Bertram Drive, Corneils Road, Tuscany Trail, Freedom Place, Grande Trail, McLellan Boulevard,American Way, Marketview Drive, High Ridge Lane,Alan Dale Lane, John Street, Game Farm Road, Somonauk Street, Popular Drive,Ament Road, Legion Road, Immanuel Road, Helmar Road, Raintree Road, and Fairfax Way. Local Residential A street of limited continuity, used primarily for access to abutting rural residential properties and local needs of a neighborhood. This street carries less than 1000 ADT. Local residential streets are the remaining thoroughfares in the Yorkville Planning Area. ��i°' �. United City of Yorkville DRAFT 0 2008 Comprehensive Plan 96 5.2 Transportation Plan Map The Transportation Plan not only classifies the existing roadway network,but displays the proposed roadways and classification of them. Proposed roadways were identified from the 2003 United City of Yorkville Transportation Plan, 2008 Kendall County Long- Range Transportation Plan, and the Kendall County Land Resources Management Plan. These proposed roadways were established in these documents to address the ever increasing population and build out potential of Yorkville's planning area, along with providing a roadway network in Yorkville. A network is established based on roadway spacing and destination of trips. For example, major collector roadways should be spaced approximately 1/2 mile from each other in both the east/west direction and north/south direction. These roadways will direct traffic onto an arterial road, state or county highway. Additionally, access onto major collectors should be limited to approximately every 1/a mile. A Transportation Plan does not only address automobile traffic, but alternative modes such as bicycle,pedestrian, and rail transportation as seen on the multi-modal transportation network map on the following page. The United City of Yorkville has developed a draft Shared- Use Trail Map which identifies trail locations serving bicycle and pedestrian users. Currently, the construction of the shared-use trail network has been limited to locations within development projects. However, this has left the City with many unconnected links of the network. The United City of Yorkville has begun to take a more proactive approach as a city to connect these links together. These measures include applying for and obtaining grant funding, along with developing an Integrated Transportation Plan to identify,prioritize, and schematically design these links (to be complete Summer of 2009). These linkages were identified as an important goal of the Comprehensive Plan. United City of Yorkville DRAFT 2008 Comprehensive Plan 97 5.2 Transportation Plan Map Additionally, supporting rail transportation and the development of a commuter station in Yorkville was another goal of the Comprehensive Plan. It was determined that an extension of the existing Metra-BNSF rail line into Kendall County with a stop in Yorkville was feasible in the Phase 2 feasibility study; however no additional work since this study was completed in 2002, to the City's understanding, has been done on the project. Despite this fact, the City of Yorkville will continue to support a rail line extension into Kendall County with a commuter station in Yorkville. This Comprehensive Plan proposes a potential site for a commuter station along with future land uses which would accompany a commuter station development. However, as identified in the Goals, Objectives and Action Plans Chapter of the Comprehensive Plan, along with in the 2003 Transportation Plan, these capital improvement plans should be evaluated periodically with potential changes made due to feasibility and cost/benefit to taxpayers. The proposed roadway network, shared- use trail network, and commuter rail station are not set plans. These are subject to change, but are pertinent to the Comprehensive Plan as land use changes and development will directly impact the multi- modal transportation network in Yorkville due to volume, type of users, and types of trips taken. The Roadway Network map and Multi Modal Network map on the following pages are guide documents, as is the rest of the Comprehensive Plan. The information presented here is not policy, but sound suggestions for the future of the City of Yorkville. United City of Yorkville DRAFT 2008 Comprehensive Plan 98 Y nj 6 . Utilities an 6.1 Intent The Utilities Plan addresses utility services in Yorkville,which include: sanitary sewer,water distribution, refuse, electrical, natural gas, telephone, cable, and internet services. Water distribution is the only utility service provided by the City of Yorkville, the additional services are provided by Yorkville-Bristol Sanitary District and Fox Metro Water Reclamation District(sanitary sewer), Veolia Environmental Services (refuse), Commonwealth Edison (electrical), Nicor(natural gas), and Comcast(telephone, cable and internet). The Utilities Plan while it identifies the current capacity of utility services is more focused on expansion and future capacity of these services. Given this, the Utilities Plan will focus on sanitary sewer and water distribution as the additional expansion and capacity, i.e. physical improvements and infrastructure,will be necessary due to projected population growth and the land use decisions made in the Comprehensive Plan. The Utilities Plan does not address refuse service or expansion as the Kendall County Solid Waste Plan which was updated in 2006 shall be considered an addendum to the Utilities Plan. For further information on the Kendall County Solid Waste Plan, please contact the Kendall County Health Department. The remaining services already have the physical infrastructure established and are less affected by population and land use changes. The information presented in the Utilities Plan is not intended to replace or alter existing expansion plans for these utility services. MV Om United City of Yorkville DRAFT 2008 Comprehensive Plan 99 6.2 Expansion Potential In the summer of 2007 the existing water distribution system for the City of Yorkville was evaluated. In this evaluation, the current capacity of the existing water works system is approximately 25,000 persons for supply and treatment and approximately 30,000 persons for storage. This means that without any improvements the existing system can supply and treat water for 25,000 persons and store enough water for 30,000 persons. The Yorkville-Bristol Sanitary District, which serves the majority of the City of Yorkville, has one wastewater treatment facility designed to serve up to 36,000 persons. Currently, their 6.6 square mile service area has a population equivalent of 18,000 people. The Fox Metro Water Reclamation District currently only services the Grande Reserve Subdivision in the City of Yorkville and at this time does not have any expansion plans to aid in servicing Yorkville's planning area. At the end of 2007, the population projection for the City of Yorkville was 15,240 people, which means the City of Yorkville's water works system is at 50% capacity for storage and 60% capacity for supply and treatment. The Yorkville-Bristol Sanitary District is currently at 50% capacity, given their population equivalent and facility capacity. As seen in the Existing Conditions chapter of this document, the City of Yorkville still anticipates dramatic growth with the potential for City to reach over 30,000 residents by 2012,which would be a 100% change in population in 4 years. The City of Yorkville needs to ensure it has the means to provide utility service to sustain such growth. The 2007 Water Works System Plan Map for the City of Yorkville and the 2007 Future Waste Water Collect System Map for the Yorkville-Bristol Sanitary District, addendums to this document and are not included, shall be considered the guides for water distribution and sanitary sewer expansion. United City of Yorkville DRAFT 2008 Comprehensive Plan 100 7 . Appendix Appendix Pages 7.12000 Census Information 102 - 404 Comparative demographic and socioeconomic information between the United City of Yorkville, surrounding communities, Kendall County, and the United States of America. This information is not included in Chapter 2. Existing Conditions, as much of the information would be considered out of date due to the rapid growth which was made apparent in this chapter. However, since the 2000 Census is the most recent national Census, it is important to include this information in the Comprehensive Plan for reference. 7.2 2007 United City of Yorkville School Site Study 105 A School Site Study was done in 2007 for the City of Yorkville to identify necessary school facilities based on full build out potential of the Yorkville planning area. The School Site Study utilized the 2002 and 2005 Comprehensive Plan's Land Use Maps to determine the potential build out scenario. The list of assumptions used for the study, along with the number of schools facilties necessary can be seen on Page 105. The school site study map on the next page gives a general graphic representation of schools sites needed in Yorkville's planning area. United City of Yorkville DRAFT 2008 Comprehensive Plan 101 7.1 2000 Census Information 40 38 37.2 35.3 36 34.6 33.2 341 34 32.7 32 30.8 30 2000 Median Age Comparison 28 26 24 22 20 Plano Oswego Yorkville KentlallCounty Sugar Grove US Montgomery 14,000 12,000 10,000 8,000 2000 Population Comparison 6,900 4,000 2,000 0 Sugar Grove Montgomery Plano Yorkville Oswego $100,000 gteo,o90 $160,000 $140,000 $110,090 $100.006 2000 Median House Value Comparison $90.000 $90.000 $40.000 $10,000 $0 Plano US Montgomery K II C my Yorkville Oswego Su gar Grove United City of Yorkville DRAFT 2008 Comprehensive Plan 102 7.1 2000 Census Information 2000 Employment/Unemployment for Yorkville ME ploy.d(72.9%) MU-M pI.yetl(1.4%) ONOtw labor s�s zo 2000 Top Employment Classifications for Yorkville Residents SM a Y,s United City of Yorkville DRAFT 2008 Comprehensive Plan 103 7.1 2000 Census Information $80,000 $70,000 $60,000 $50,000 2000 Household Income Comparison $40 050 $30,000 $20,000 $10,000 $0 US Plano Montgomery Yorkville Ken d a II Go a ny Oswego 5u gar Grove 35% 30% 25% 20% 15% 2000 Household Income Distribution for Yorkville 10% 5% 0% Less!flan $10,000- 515,000- 425,000- $35000- $50.000- $75,000- $100,000- $150,000-$200,0000' $10,000 14,999 24,999 34,999 49999 74,999 90,999 149,999 199999 more United City of Yorkville DRAFT 2008 Comprehensive Plan 104 7.2 2007 United City of Yorkville School Site Study Yorkville School Calculations July 17,2007 Prepared by:Schoppe Design Associates,Inc. Prepared for:United City of YO_ilie Schools Required for Planning Area 1-13 tAil land within limits of Yofnitte land Ul Plan) Number of Schools Required in Planning Area 1-13 Dial Units: 71.365 Type I Students Students!School Schools Required Elementary Schools 31,470 650 48.42 Middle Schools 17,832 1 D00 17.83 Hi h Schack 21,388 1800 11.88 Aeaem e 1..95 students per rh.alling Unit 7,7, 0ey Assumption 2.45.6%Ela .W.1)Schc.t student. 1.5 QWA.for Estate Land Use Category 23%Middle Sohool students 20 OW Ac fcr Suburban Land Use Category 31%High School students 3.0 E]ulAC for hanalional Land U»Category 3.650 Students per Elementary School 25 CWAc for Tmdidonaii Lend Use Category 1900 5udents per Middle School 5.0 DufACfw Urban Land Use Category 1800 Stud_ per High School a. Estate is considered 4 bedroom detached homes - 4. For the purpose of rlis study 4 isassumed: Suburban is considered 4 bedroom detached names K-8-Momentary School Transleonal is considered 32%detached 4 bedacm and 88%adadhad 2 badreem homes 7-6-Middle School Tradtiona€is can k6.d 3 bedroom detached homes 312-High School Urban is considered 50%3 bedroom dalacihed and 59%3 bedroom attached homes - 5..059755 Acres(Ac.)of school land/cash requirement per unit in Suburban and Estate rand use areas. 9.the results of this particular study are based only on The City of Y skAllcis planning limit..¢�Aon5fred on the City .051202 A-(Ac.)of school land/msh requirement per unit in Urban land use areas. of Yorkville Comprh-V.Plan. .035071 Acres(AC)of school land cash mquifementa per unit in Traditional land use area.. Ymkville School pishot actually incorporates 85 sq.mi.of land,including parts of Plain9dd,Jdial,M.Mgomety and Oswego. .92918 Acres(As.)of school lard!cash requirement per unit In Trandtional land use areas. Th.YorkAle caporals limits also include approximately 1,686 Ac.In the Plano School Oisldct. (Fartrapolaled from Land!Cash Ordinance,Crdina-41996-3) 5. 15 Avesiw ea h Elementary wool Site 35 Acres far each Middle Schad Site 43 Acre.for each Middle!Elementary Schad Combined Ste 70 Acres for each High School Site - Summary of Schools Required in each Planning Area Number of Schools Required in Planning Area 1 Number of Schools Required in Planning Area 8 Total Units:6417 Total Units:2341 Type Students lStd.W School I Schools Required: Type Students 16tudentst School I Schools Reg uired Elementary Schools 2,893 650 4.45 Elementary Schools 1,046 650 1.61 Middle Schools 1,455 1000 1.46 Middle Schools 619 1000 0.62 High Schools 1.966 1800 1.09 High Schools 710 1800 0.39 Number of Schools Required in Planning Area 2 Number of Schools Required in Planning Area 9 Total Units:5840 Total Units:4253 - T e Students IStUdentsi School I Schools Required Type Students IStUdentat School Schools R uired Elementary Schools 2,609 650 4.01 Elementary Schools 1,900 650 2.92 MiddieSchoofs 1,317 1000 1.32 Middle Schools 11126 1000 1.13 High Schools 1 1,773 1800 0.99 High Schcols 1,293 1800 D72 Number of Schools Required in Planning Area 3 Number of Schools Required in Planning Area 10 Total Units:2251 Total Units:12843 Type Students StudentslSchool I Schools Required T e Students 8tudentslSchool Schools Required Elementary Schools 1,072 650 1.65 Elementary Schools 5,744 650 8.84 Middle Schools 540 1000 0.54 Middle Schools 3,399 1000 3.40 High Schools 728 1800 0.40 High Schools 3,901 1800 2.17 Number of Schools Required in Planning Area 4 Number of Schools Required in Planning Area 11 Total Units:3449 Total Units:16964 Type I Students IlStudenlisitc6d.6i Schools Re uired T e Students Students!School Schools Reg uired Elementary Schools 1,5411 650 2.37 Elementary Schools 7,594 650 11.68 Middle Schools 778 1000 0.78 Middle Schools 4,497 1000 4.50 High Schools 1 048 1800 0.58 High Schools 1 5,162 1800 2.87 Number of Schools Required in Planning Area 5 Number of Schools Required in Planning Area 12 Total Units:2213 Total Units:3937 Type Students StudentslSchool Schools Re Students Siudnti5co01 Schools Required Elementary Schools 989 650 1.52 Elementary Schools 1,231 650 1.89 Middle Schools 495 1000 0.50 Middle Schools 729 1000 4.73 High Schools 672 1800 0.37 High Schools 837 1800 0.47 Number of Schools Required in Planning Area 6 Number of Schools Required in Planning Area 13 Total Units:1874 Total Und s*4338 Type Students Students!School Schools Required Type Students Students/School Schools Required Elementary Schools 838 550 1.29 Elementary Schools I'll 650 2.98 Middle Schools 496 1coo 0.50 Middle Schools 1,148 1000 1.15 High Schools 570 1800 0.32 High Schools 1,318 1800 1 6-73 Number of Schools Required in Planning Area 7 Total Ul 4645 Type I Students JMudefflslSchocil Schools Required' Elementary Schools 2,075 650 3.19 Middle Schools 1,230 1000 1_23 High Schools 1 410 1800 0.78 United City of Yorkville DRAFT 2008 Comprehensive Plan 105 ;� _ © - - -� - ° PLANNING AREA 1 ° �; A S Q DRAFT Or d L 'i .,_ 1 A B ■ B I - = PLANO SCHOOL 1 ;. I (, E I DISTRICT --- - - --- - - -�_ - ----I p i-i- PLANNING AREA 4 ' '+ ■ PLANNING AREA 6 B p ■ yar" I , PLANNING AREA 3 Cj / PLANNING AREA 8 , , 0 / ,� - - raa�PLANNING AREA 5 — .� _ far N° 1 Jay / / 0 I / my PLANNING AREA 7 — / / PLANNING AREA 9 arrrr oar orar far I p © 1 — — �' e C \ /0000 t-- PLANNING , 000a I D i © ® , _ _ _�, ` _ - AREA 11 PLANNING 13 !- B7s -� ----—-- - - - --------- --- -----� ---°---- - © �!�, ea.:"n.H�e�',o, ,� HT jp GWP —® © � ® ^0": rya o, AREA 10 I - ------- - '"Ind far I lddfll� el menday5choral Fun,hmm of school ■ , E 3 T,,� NEWARK 4 18 © 2G 23 o M1=aodra,=v.� 13 madded ,..m.=Cry of .ei panned SCHOOL DIST. Q F 1- -- -- - eow9 NOem.00¢nim Nlav,M1 duse ' Q © I 28 Q G 3nH ® © " H Q 30 I PLANNING I — — � — PLANNING AREA 12 © — — '3- — — — —I— -_--._ —.... __, — , — AREA 13 A © ; I A ® ' p ' Q - - - - - g — © © aa 36r © SCHOOL ® ELEMENTARY / MIDDLE © MIDDLE © EXISTING HIGH SCHOOL SCHOOL EEXISTING kHOOL SCHOOL SITE STUDY PROPOSED ® ELEMENTARY MIDDLE PROPOSED n*e ELEMENTARY SCHOOL mad 4404y) Th0 UDItOd City Of Yorkville SCHOPPE DESIGN ASSOCIATES /NC. eoa Oame Perm Ra. c „w,ro�.a.�r, , . er,,,WVra,,,e�8 p yam, YOrkvlllE IL60560 126S MA1N57' PH, (630) 551-3355 p aSe_, py $ I' [o a<5 . oa 12-2 630-553-0350 NonM1 OSWEGO. IL 60543 F41((630) 551-3639 BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning June 2008 Types of Permits f . .I 2-Family Commercial .I Number of Per Issued SFD (1tegmnmg2005, A11116Ple-Faud1jr (8e91nai12006 CategapVnrb,des Industrial Miscellaneous* Total Construction Cost 2 PCrmru /Sm¢rr i Ouildoun) June 2008 108 26 __..._.0. 0 0 _ 77 S8,145,200.00 Calendar Year 2008 504 _ 87 6 0 24 0 387 $56,406,944.00 Fiscal Year 2008 220 42 4 0 7 0 167 $39,773,027.00 : June 2007 . . . 138 . .- 45 . . . . 2 . :0 : 3 : . . - . . 0 . . . 88 _ S9,320,5I 5.00 : III i Calendar Year 2007 643 I 227 6 0 23 0 387 C , , 5 $ 7232065.00 Fiscal Year Ycar 2007 279 j 81 2 0 6 0 190 j $16,764,860.00 . :-' June 2006 > — - . . 142 _— .46 - 0 . . —_—_ .'1 . . . 8.> : : . . . . ___ 0 . . . 87 $15,002,075.00 11 Calendar Year 2006 866 j 439 28 5 25 0 369 j $94,869,426. 00 Fiscal Year 2006 326 1t8 8 2 11 0 187 $33,799,395.00 June 2005 172 55 0 0 3 0 114 511,027,814.00 Calendar Year 2005n 623 ( 224 5 0 25 0 364 $57,249,115.00 -- - 1 - Fiscal Year 2005 306 98 0 0 9 0 199 523,547,659.00 . June 2004___ : . . 128 . . . . 55 . _ . 0 __. 0 1 .-: . . ._ 0 72 - . S10,515,2I0.00 Calendar Year 2004 527 248 3 0 6 0 269 5501956,448.00 Fiscal Year 2004 255 116 0 0 3 0 136 $25,930,853.00 t Permit Number Y-05-0012 real raided, thus only 613 of 624 assigned permit numbers ivem actually used v Pernrir Number Y-04-097 and Y-04-098 were [ssuedfor each ride of a duplec, only I structure was built. "3liseellmneaus includes additions, mntadel ling,garages, sheds, .nrrmnnng pmts, decks,fire a/arallspmtk/er plats reviews, nrunivipn/prn/ects, rte �� ! Report prepared by. Barbara Z Deltmer, MCP, Department of Building Safety and Zoning -t_ 1v, VJ JJ X14. D CITY Reviewed By: Agenda Item Number a� �+ Legal Finance F-1 EST. � 183 Engineer ❑ ~-� �- Tracking Number 0 JIM- 18, y City Administrator El �D Consultant ❑ EDC 2008- CLE ❑ Agenda Item Summary Memo Title: Cobblestone Commons—Development Agreement and Economic Incentive Agreement Meeting and Date: EDC /August 5, 2008 Synopsis: Request for Development Agreement and Economic Incentive Agreement Approval Council Action Previously Taken: Date of Action: September 26,2006 Action Taken: Preliminary Subdivision Plan Approval April 10,2007 Final Subdivision Plat Approval Item Number: Type of Vote Required: majority Council Action Requested: Approval of Development Agreement and Approval of Economic Incentive Agreement Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report ° clr, Memorandum 0 To: EDC EST. lZ leas From: Travis Miller CC. Brendan McLaughlin 0 [� Kathleen Field Orr C .d -, Date: July 29, 2008 <LE 1� Subject: Cobblestone Commons—Development Agreement and Economic Incentive Agreement Background The Cobblestone Commons PUD has received the following approvals: - Preliminary Subdivision Plan approval in September 2006; - Final Subdivision Plat approval in April 2007; - Final engineering has been under review since the plat approval and is ready to release for recording once all plan review fees and the Fox Hill recapture payment is received. The project is entirely commercial/retail uses and consists of 20.55 acres with approximately 160,000 square feet of retail space total (8 lots with users ranging from 4,000 to 35,000 square feet). Simultaneous to the subdivision review, a Development Agreement and Economic Incentive Agreement were requested and approved by City Council (Development Agreement in 2006 and the Economic Incentive Agreement in April 2007). Neither the Development Agreement nor the Economic Incentive Agreement have been executed to date due to modifications requested and pending to both agreements subsequent to April 2007. The petitioner is requesting modifications to both the Development Agreement and the Economic Incentive Agreement, primarily due to increased costs related to the stormwater engineering and with required improvements to Eldamain Road exceeding previous cost estimates. Due to the significance in the revisions to both the 2006 Development Agreement and the 2007 Economic Incentive Agreement, Staff has requested the petitioner re-present the documents for your review and consideration. Development Agreement Purpose The purpose of this agreement is to aid in regulating the development of this property beyond the mere zoning regulation. This property is zoned B-3 currently. The petitioner has voluntarily agreed to certain limitations and standards in which the Development Agreement memorializes in the form of a contract, much like the current PUD ordinance requires of a Concept PUD Plan. Prior to the current PUD Ordinance being in effect, Development Agreements were more commonly used. Staff recommends proceeding under a Development Agreement for this property since this is how this project was initiated from the beginning, and the Agreement will allow the City to accomplish appropriate standards and regulation for the property. Staff Comments: The Development Agreement includes provisions consistent with the City's current policies for newly annexed territory, including requiring: - the site development to be consistent to the proposed site plan (Exhibit B); - the uses be limited to those listed in Exhibit C; - the `guidelines' listed in the Appearance Code be implemented; - cross access easements between all future lots within the development; - the owner to dedicate utility easements and right-of-ways as necessary upon the request by the City; The Development Agreement also includes provisions specific to the project, including: - a provision explaining the desire of a Business District be created to aid with funding certain public improvements; - a provision requiring the owner/developer fund 50% of the cost of a watermain beneath US34—note: the other 50% should be required by the owner/developer of the north side (Rob Roy Falls) when that agreement is finalized; - a provision clearly stating the obligation for the owner/developer to pay recapture to the Fox Hill developer for water/sanitary sewer oversizing; Economic Incentive Agreement The Economic Incentive Agreements provides: - agreement to formulate a Business District; - agreement to formulate a SSA as a back-up/supplement to the Business District; The Business District and SSA would be created to pay for, or reimburse payment for, the use of bond proceeds estimated to be $6,000,000 for this project. Proceeds to cover: - the cost of on-site and off-site stormwater drainage improvements. Note: this property includes a large depressional area which has been engineered to house an underground stormwater detention system beneath the primary parking area of the development. The cost of this system is estimated at $1,300,000 and is necessary for this property to be developed commercially. - Eldamain Road and US 34 improvements as required by IDOT and the City; - Extension and necessary oversizing of water, sanitary sewer and stormwater infrastructure across the property; - Recapture payments required to the Fox Hill developer for water and sanitary sewer oversizing benefiting this property; Revised January 30, 2008 Revised June 9, 2008 Revised July 15, 2008 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE MAIN STREET COMMERCIAL PARTNERS,L.L.C. PROPERTY `Cobblestone' This Development Agreement, hereinafter referred to as "Agreement", is made and entered into this day of , 2008, by and between, MAIN STREET COMMERCIAL PARTNERS, LLC, hereinafter referred to as "OWNER/DEVELOPER" and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY". The OWNER/DEVELOPER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER/DEVELOPER is the Owner of certain real property, hereinafter referred to as the "PROPERTY", located in the CITY and legally described in Exhibit"A" attached hereto and incorporated by this reference; and WHEREAS, the Property is located at the southeast corner of US 34 and Eldamain Road and consists of approximately 20.55 acres; and WHEREAS, the OWNER/DEVELOPER seeks approval of a Preliminary and Final PUD Plan to allow for uses permitted within the B-3 zoning classifications, as itemized in Exhibit `C' attached hereto, to exist on the property; and WHEREAS, the PROPERTY is identified by the `First Amendment to Recapture Agreement' executed April 25, 2006, Kendall County record number 200600023728 as a property benefiting from water and sanitary sewer oversizing and the OWNER/DEVELOPER is subject to pay the CITY for this infrastructure oversizing at the time Final Platting occurs for the PROPERTY; and 1 *denotes term defined in United City of Yorkville Appearance Code WHEREAS, the PROPERTY must connect to water service north of Route 34 requiring a watermain connection to be constructed across the IDOT right-of-way; and WHEREAS, the CITY has determined that the development of the Property is in accordance with the terms and conditions set forth herein will serve a public use and will promote the health, safety,prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNER/DEVELOPER, its vendors, grantees, assigns, successors, trustees, and all others holding interest now or in the future, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any developer and its representatives, and future owners of the land; NOW, THEREFORE, the CITY and OWNER/DEVELOPER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I ZONING and GENERAL COMPLIANCE WITH ORDINANCES OWNER/DEVELOPER hereby agrees to comply with all CITY ordinances, and this Agreement shall deviate from said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein, this Agreement shall control. The CITY shall adopt an ordinance approving this Development Agreement for the PROPERTY described in the attached Exhibit"A". The PROPERTY shall be developed in substantial conformance with the Site Plan, which is attached hereto in Exhibit`B" and incorporated herein and made a part hereof by this reference. OWNER/DEVELOPER and the CITY agree that the CITY shall permit the uses on the subject property that are excerpted from the United City of Yorkville Zoning Classification for O-Office District, B-1 Limited Business District, B-2 General Business District, B-3 Service Business District as they exist at the time of execution of this Agreement other than those as deleted in Exhibit"C", and any similar permitted uses within those Districts that the CITY may create in the future other than those deleted on Exhibit"C". The development of the PROPERTY shall be subject to approval of all ordinances of the CITY; Site Plan approval, engineering approval (by CITY staff or outside review engineering consultant as elected by the CITY) and Final Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and Review Fees Ordinances, and City Development Fee Ordinance,which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER 2 *denotes term defined in United City of Yorkville Appearance Code OWNER agrees that the Final Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance currently in effect when development approval is requested, unless provided for differently in this Agreement. Utilities and Public Improvements. On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in this Agreement, in which case this agreement shall control. ARTICLE II SPECIAL PROVISIONS 1. DESIGN STANDARDS: a. All `Guidelines' within the Appearance Code section `V Criteria For Appearance, 4. Non-Residential,b. Building Design, 1. Commercial, Office and Institutional Uses,b. Guidelines for unbuilt sites' shall be required. b. Signage: i. All freestanding monument signage must include a 100%masonry product* base no less than the width of the sign area. 2. CROSS ACCESS EASEMENTS The OWNER/DEVELOPER agrees to create and record with the Kendall County Recorder of Deeds a written Access Easement Agreement providing for all cross access and maintenance responsibilities applicable to the PROPERTY at the time of recording of the Final Plat. 3. DEDICATION OF RIGHT-OF-WAY AND EASEMENTS Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER/DEVELOPER shall grant permanent easements and temporary construction easements as necessary for the construction, maintenance and replacement of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER/DEVELOPER shall convey by Warranty Deed, fee simple title free and clear of any lien or encumbrances for future highway or road right of way to the State of Illinois, Kendall County or the United City of Yorkville as necessary, regardless of whether or not these right of way needs have 3 *denotes term defined in United City of Yorkville Appearance Code been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density. 4. BUSINESS DISTRICT CLASSIFICATION It is also understood by and between the Parties that subsequent to the execution of this Agreement the CITY may explore and implement methods of financing infrastructure improvements such as Route 34 improvements, Eldamain Road improvements, and placing existing power lines underground. In the event said financing methods include the creation of a Business District enabled to collect sales tax at a higher rate than other areas within the City, then the OWNER/DEVELOPER shall participate in the Business District. 5. WATERMAIN CONNECTION at ROUTE 34 The OWNER/DEVELOPER agree to fund 50% of the cost to construct a watermain connection beneath, and across, the Route 34 right-of-way. The estimated cost of this connection is $80,000 (50% is estimated to be $40,000) and payment is due within 60 days of the request made to the OWNER/DEVELOPER by the CITY. 6. RECAPTURE OBLIGATION The OWNER/DEVELOPER shall pay to the CITY on the date of approval of the Final Plat, an amount of$48,814.11 plus interest accrued at the rate of 5% compounded annually beginning April 25, 2006 (2008 amount equals $53,817.56). 7. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER/DEVELOPER and its successors and assigns shall have the right to sell transfer, mortgage and assign all or any part of the PROPERTY, except such property to be conveyed subject to Section 3 of this Agreement, and the improvements thereon to other persons, trusts, partnerships, firms, or corporations, for investment,building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER/DEVELOPER under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER/DEVELOPER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. 8. TIME OF THE ESSENCE. 4 *denotes term defined in United City of Yorkville Appearance Code 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, including the calling of special meetings, to expedite the subject matter hereof It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 9. COVENANTS AND AGREEMENTS. a) The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. b) In the event minor modifications are made to building size, location, or other minor adjustments to the Final Plat and/or Plans which do not necessitate variances, said modification may be made administratively with the City Zoning Officer without formal amendment of this Agreement. c) In the event that any terms of this Development Agreement conflict with the original Annexation Agreement or any amendments thereto for the subject property, this Agreement shall prevail. In all other respects any original Annexation Agreement or amendments thereto are hereby ratified, republished, and reconfirmed. d) The parties acknowledge that they have entered into an Economic Incentive Agreement for recovery of certain project costs with respect to the subject property. The OWNER/DEVELOPER consents and agrees to comply with the terms of this said Agreement and default thereunder shall constitute a default hereunder. e) The OWNER/DEVELOPER agrees to complete the development of the subject property in accordance with the approved final site plan and all applicable ordinances on before the fifth anniversary of this agreement. 10.BINDING EFFECT AND TERM. This 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. 11. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other parry in writing and shall be delivered personally or sent by registered or 5 *denotes term defined in United City of Yorkville Appearance Code 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: Kathleen Field Orr 800 Game Farm Road Yorkville, IL 60560 To OWNER/DEVELOPER: Attn: Tim Tynan Main Street Commercial Partners, LLC 4771 Route 71 Oswego, IL 60543 With a copy to: Stahl Cowen Crowley Addis LLC 55 W. Monroe Street, Suite 1200 Chicago, IL 60603 Attn: Jeffrey J. Stahl or to such other addresses as any party way from time to time designate in a written notice to the other parties. 12. 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 this Agreement becomes unenforceable due to any change in the Illinois Municipal Code 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. 13. 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 *denotes term defined in United City of Yorkville Appearance Code ARTICLE IV EFFECTIVE DATE This Agreement shall be effective upon the date as stated above. CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Title: Mayor Attest: Title: City Clerk Dated: 7 *denotes term defined in United City of Yorkville Appearance Code OWNER/DEVELOPER: MAIN STREET COMMERCIAL PARTNERS, LLC an Illinois corporation By: Attest: Dated: 8 *denotes term defined in United City of Yorkville Appearance Code EXHIBIT LIST Exhibit"A" Legal Description Exhibit`B" Site Plan/Preliminary PUD Exhibit"C" Permitted Uses List 9 *denotes term defined in United City of Yorkville Appearance Code EXHIBIT "A" COBBLESTONE SOUTH LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19 AND PART OF THE NORTH HALF OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 00 DEGREES 18 MINUTES 30 SECONDS WEST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19 A DISTANCE OF 208.10 FEET TO A POINT THAT IS 50.00 FEET SOUTHERLY OF, AS MEASURED PERPENDICULAR TO, THE CENTERLINE OF U.S. ROUTE 34; THENCE SOUTH 85 DEGREES 05 MINUTES 42 SECONDS EAST ALONG A LINE THAT IS 50.00 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF U.S. ROUTE 34,631 .36 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE EASTERLY 575.00 FEET ALONG A 38,147.20 FOOT CURVE, BEING 50.00 FEET SOUTHERLY OF AND CONCENTRIC WITH THE CENTERLINE OF U.S. ROUTE 34, WHOSE CHORD BEARS SOUTH 84 DEGREES 39 MINUTES 47 SECONDS EAST 574.99 FEET; THENCE SOUTH 05 DEGREES 46 MINUTES 07 SECONDS WEST 471 .89 FEET TO THE NORTHWESTERLY LINE OF OUTLOT 1 (ROB ROY CREEK) IN FOX HILL UNIT ONE, AS RECORDED NOVEMBER 2, 1994 AS DOCUMENT 94-10594 IN KENDALL COUNTY, ILLINOIS; THENCE SOUTH 59 DEGREES 25 MINUTES 15 SECONDS WEST ALONG SAID NORTHWESTERLY LINE OF OUTLOT 1 161 .39 FEET TO A BEND POINT; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE OF OUTLOT 1 SOUTH 21 DEGREES 58 MINUTES 02 SECONDS WEST 243.45 FEET TO A BEND POINT; THENCE SOUTH 89 DEGREES 19 MINUTES 23 SECONDS WEST ALONG A LINE WHICH IS PERPENDICULAR TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30 915.17 FEET TO SAID WEST LINE; THENCE NORTH 00 DEGREES 41 MINUTES 37 SECONDS WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30 627.20 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 01 DEGREE 18 MINUTES 30 SECONDS WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 30 60.71 FEET TO THE POINT OF BEGINNING, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; EXCEPTING THEREFROM THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST 122.62 FEET ON AN ASSUMED BEARING ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST 85.48 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST 633.18 FEET ALONG SAID SOUTH RIGHT OF WAY LINE TO THE POINT OF CURVATURE OF 38,147.20 FOOT RADIUS CURVE TO THE RIGHT; THENCE EASTERLY 575.00 FEET ALONG SAID CURVE WHOSE CHORD BEARS SOUTH 84 DEGREES 10 MINUTES 38 SECONDS EAST 574.99 FEET; THENCE SOUTH 06 DEGREES 15 MINUTES 17 SECONDS WEST 25.00 FEET; THENCE WESTERLY 574.63 FEET ALONG 38,122.20 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 84 DEGREES 10 MINUTES 38 SECONDS WEST 574.62 FEET; THENCE NORTH 84 DEGREES 36 MINUTES 32 SECONDS WEST 518.45 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 06 SECONDS WEST 100.10 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 32 SECONDS WEST 25.37 FEET TO THE POINT OF BEGINNING. s cc\031296.0001\d 171 W 1 c� E 1SPEC1P`10E SF 09,30 ELDAMAIN ROAD IMPROVEMENT NOTE: GEOMETRIC PLAN NOTES: 0 0 a Opp pp9 '9i�/ ti0 9 1) FOR ALL UTILITY AND GRADING 1) ALL DIMENSIONS ARE MEASURED TO THE EDGE OF PAVEMENT, A 2 0 '9-00 (n 0� 4 40p_ 1NC, f� /V T F0 \J EYYMCP' R8S �O INFORMATION IN THE ELDAMAIN ROW UNLESS OTHEWISE NOTED U -_ -� 60 Nq� oHEGGS_013 �- �GQ REFER TO ELDAMAIN ROAD IMPROVEMENTS 2) ALL CURB RADIUS ARE LABELED AT THE BACK OF CURB O U LLC Ored 3 02.19.300-014 O�P G FOR THE SHOPS AT SPRING COMMONS, 3) ALL CURB RADIUS ARE 2', UNLESS OTHERWISE NOTED Z Q Z 110NAL A` F.P AA``�� PREPARED BY CRAIG R. KNOCHE & 4) HANDICAPPED PARKING WILL BE PROVIDED IN ACCORDANCE J Cz FIRST NA 02.19-300-006 AA`` GO v`v ASSOCIATES WITH ILLINOIS ACCESSIBILITY CODE AND THE CITY OF J BANK 1R2395 v`v\`Av` PAL G� .. LLE NATIONAL YORKVILLE REQUIREMENTS. EXACT LOCATIONS AND LA�ANKTR47016 \vD GEOMETRICS OF THE STALLS WILL BE DETERMINED WHEN O ENTRANCE LOCATIONS TO THE BUILDINGS HAVE BEEN DETERMINED m 5) ALL LOT DIMENSIONS, EASEMENTS &SETBACKS SHALL BE �+ � VERIFIED WITH THE FINAL PLAT OF SUBDIVISION, PREPARED BY EXISTING - - - - - - rt - ALAN J. COULSON, LAND SURVEYOR ■ d V U � - TRAFFIC - - - - - __ SIGNAL C? r W VET - �.� M -- - _- - ERANS PARKWAY - =----_ ----__--_- ROUTE 34 = _-__- _ _ Cb CO --== e= R1' - -- Q R1' ' N 85°04'47„ --------------------- - -------- W 10' BITUMINOUS BIKE PATH w Z +00 172.43' -_-_-_--__-____ ----------------- 5 518.45 - - =-_-_------- N ----- O W - ° rn 229.90' R70' �`° 6' R50' ----------�---- C� O C N - _ _ - -_ - ------ - Z O olo - - 169.80' R70' 1 Z 0 R50'--' / -- O jO ZI R1' 170.91' L=574. 53 R=381 22. 20 Q c �n �n g' 10' BITUMINOUS R50' L g' 20' PARKING SETBACK BIKE PATH M Nt C,4 _P I C4 rn 10 PROPOSED � 10 I 349.95' R50' r R10' _ oo(o�4' I I R5' MONUMENT N R5' R10' N R10' BUILDING SETBACK R25' R25' - 0 o I 2+00 r ® RESTAURANT �, 2 ' - - m : RESTAURANT 36' co 24' 18.5 BUILDING #4 ® ® �R35 �, W 18.5 24' BANK ' © - - 100'009 ' o 3 q 8,000 S.F. 18.5' _24'_ 18. 18.5' 24' 18.5 BUILDING #3 - _ 02-30- F PLTZ 1J 2' o0, - 5,500 S.F. BUILDING #2 R10' - 10iX25' RICH R� 1 A U I - - R8' R8' LOADING I I C I R5' R5' ., . O pD R5' 6,200 S.F. N ZdNE I I I I I I ,? :iy O R 8 R 8' I I �` DIILI d ' > Z I R4' N -R4' � O ° ,� 1 kES,FAUIRANIT i Cn o 13 9' LO z a N R5' 11 11 11 11 I ' BUIiLDING Al I m �, Q O �� 1 I 1s ',n R10' o `n 9' `° `V w 11 8.5 18.5 24' 18 R15' j 11,200 F. I I _D i M 0d 4c6 �--I� - .5 7 8. I o U� o f y" :: ` 1 R1' !� 00 � F�25' I I I o co w 13 R10' R10' R10' R1' 0p R5' a I j I I I N z m .� - -�'/ +� m F .2$ AC' R10' R10' �� R10' N b C I d I e ' f i g j W 2 w ty. R10' N R10' �N Lot 3 N i } o N Lot .. . N I R10' Lot N Z 7 AC 1 a.. ..� o vQ v c� a� zz m �I I z f 0 9' 2 R 5, O 1 .7 9'< I Q-3 P o o j 12 6 ;� ,fed V - ! R10 e I I N 1 s 00 Pv, 0 tis�.R 157.5' R 15' RIO' R 10' R10' N R10' I I °n ` 29 R 15' +. , R 2 R 10' R 10' RIO' - ' �i �. ��stj, S88°25 17 E S88°25'17" FUTURE 8 E R 10' 5.21 17 9' �, ;;6 O p0 7'�� ° ° 8�' �- N ':. .• " : CONNECTION ~ 18.5' 24' 18.5' 4>:. 43.79 18.5' \ 43.97 43.98 R10'� 159.93 R10' R=1 000.00 585_49 52 E R10' C= R25' IDOT TYPE III a C,4 ► R� [gym , (a•C I }°. �J �' R 10' R 10' 119.48 R 10' . R 10' R 10 Q I I I Y I R 15' R 10' - \!_ R10' N 585'49'52"E BARRICADE �•� 2 I I m pi `• 10 10 10 10 10 10 ` C`T' � 342.46' R25' � � O VV I I I r ` R30' R10 R10 R10 CY, 19 18 R10 R45' N �U V 0 I 10'X50' O r Z Z LOADING R10' R5' �, R986.5' R5' R10' 3 .�.;•�.',�•' ZONE R4' i 18.5' 18.5'i ' 18 5' 18.5'1 ;• R30' ^� �^ Ot R4' R4' R4' R7' ' �^�' R122.5' R5' ,, �- •- ' J Qz •'C I I I w I R5' R10' �// 16 1G R4, 1G 16 2 ,',.• 2 Y J Z R25' R6' R15' R77' R4 `::`.:' \\.\ \\ 10' WIDE Q I �� 0, 0i R4' R4' R4 R4' �' ;.': \.\\ m G f\ r w R20' R15' p �Q LOADING w I ' O V` U OQ R4' N. \\ ZONE 00 G V Q7 I R1.5 C� �y �^ R157.5 �7 �^ \\ V z � J `C vJ R25'� R15 II II 11 11 11 11 11 R$' \ \\ V \\ �/� I Q Q � Q• I - - - N90°00,00"w _ _ 0 0 R4' R4' R4' R4' ;: :. = vJ ¢ I O O �� VO `• I 4 R40'� co V I I I N 255.70' Cd Q• - Z N J i 24' i 18.5' 18.5'ir�l 18.5 18.5 I 24' i 18.5' 18.5'1 .24'_i 18.5' 18.5' 24'_i 18.5 18.5 i _24'_i 18.5' 18.5'i 24' i 18.5' 18.5'i J I N W z f► r► s.... c9 N'w �`I I I U O LLJ I� �R25' LO \V\ J O J o� I w 4 J r10 Cn \ Q- \•\ 3S. m I CO I IO 10 N \\/` \ Q o O I„I„I v CA I z U 10' ��\ \\ � Q QJ M I �V z ° O R4' R4' R4' y R4' R4' R4' R° m ® I Z o Z 46 (O Q I I ® ° ':: 24' 19.5' 19.5' 24' 1�► 30' R8' r► R125' J� 16+ \ O ' ,- C9 I R 8 V J V^z I R5 OR 339 00 IQ R8' R4' R4' R4' r� R4' R3.5' .: :�; \\ j 44 ' w, `�� _ _ ., . LLI 3 \ �\ N 2 .08'R263.5' rn R5' R267 \\ , UwJ ' R15' ;, •' y�� G ° R5 R8 12 J �� /'�� ..� .. . .. R240' L r .�,. ,•4.. �4. o � , W I ..'.. �p R 15' ° \ \ - ': � O • ' `� J W R206.5 R30' PGA . "': ,f 0o R25' .: �� O / J_J ` I �R40' R232' 1s 19 SEA R1 /�G ,FP - ti, R101 ZD 52 R10' R15' 5' CONC. WALK O - 89°1717 W R250' 1 �o Q 1 g / - -, R10' �\,�\ '�� 10' BITUMINOUS U R47.5' 0 R263.5' - v� / R8' \\ cfl 0 �,, BIKE PATH ,5+00N 5°41'40"W 5' CONC. WALK NO•c� R236.5' 'S� ��, O op A, - - - - - - R385' ♦ 28.28' rn R375' 0 GJoJ N4 °18'20"E , R,316'� O 1 �� l - - - - - - I \J EXISTING PEDESTRIAN - - - - - - - - - - - -28 29' �, 18.5'I��I 18_� RETAIL RETAIL d R_2 Pv BRIDGE R47.5' 36.36 cc �. R236.5' BUILDING #9 R1° ® zOr12 - - - - - - - _ _ I �� R2.5' s BUILDING #8 1s R=276.00 ��- 35,000 S.F. 19.43' 9' °# 35,000 S.F. ' PAVEMENT HATCH LEGEND 3 R5' R430.5' R5'� Q JR1 2' 02-30-117-001 T 1 ES \\ Q R4 R5' 1a 10' 15 cD pACIFI VM E,LLC PROPOSED BIKE PATH BITUMINOUS a m� t 7 YORK w � ,:` cfl PAVEMENT U U U U ov +0 I m R=239.00 1 .72 AC \� R10' R100' ry w w w w O= ? I -. R5' 3.35 O 0') 24'X60' 24'X60' s c-IZ IZ 0- LOADING LOADING 'G PROPOSED BITUMINOUS PAVEMENT X00 Q� I z 9' 12 O ZONE ZONE cn ti ti 0000 cV�� I I , C`7rNN o m °� R15' �I = GV V I� O > r ch r O o :I' :I: I' 1 I:. 1: '1 1 RI 0' R 15' ,. I /� a 0 0 I R30' R1.38' R1.38' uh d'. ti f f V '.` �/ S d. PROPOSED CONCRETE PAVEMENT& L Q Q O w' 0 I I I I I I I I I I I R236.5' C? I I � N I I I I I I I I I R75' /Q� SIDEWALKS d<° a ble_ i i i 4TAI'L BL)ILDlING i#7 i i I R30' ' c `�� ti 0 w I I 1 1 1 I I I I I I Z 2 '\ o °� 18,7x0 S.F.. 0 I 1 I I I 1 1 I I 1 101X25' 0 /5 '_� _ I I I I I I I I I I LOADING o +00 I I I I I 1 I I I I ZONE �0 13 9 n@� 1J 9 m ' I f I o N CN Q o I L ° CD I I I I � 30' BUILDING & PARKING SETBACK I D 10' BITUMINOUS BIKE PATH 328.00' 2 ' 10' BITUMINOUS BIKE PATH 527.17' MASTER GEOMETRIC PLAN N 89°19'23" E 855.17' �,`� �,'� 1" = 50'-0" sheet: NORTH _116-001 02-30-11 pWEST OX H�I' ^,�'\'O��'�G PUD o2-30 Q w rvp F z�n R-2 0 25 50 100 of I ned g-3 Poo HARRH2423 .IS 66' Row zoned R-4 P pYORK�MLE,LLC IS��n oti�\G�� ed I I zO BKTRH Future Reta� w Q -tow lkl0mv- Sub(Jlv project number:20 i -` 2006-04 EXHIBIT "C" Cobblestone Commons -B-3 Service Business Permitted Uses This exhibit lists all permitted uses within the B-3 Service Business District as they exist in the current Zoning Ordinance. Uses excluded and not permitted by this Agreement are crossed out as follows: (not permitted e) OFFICE DISTRICT (0) Advertising agency. Barber shop. Beauty shop. Bookkeeping service. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Stenographic service. Stock broker. Telegraph office. Tieket o ffi e Title company. Travel agency. Utility office. (Ord. 1973-56A, 3-28-74) Special Uses Solid waste disposal site d. 1973 56A,3-28-174; amd. Ofd. 1993-208-1A- -I99-5) LIMITED BUSINESS DISTRICT (B-1) All uses permitted in the O district. Antique sales. ApaFtments, Bakery-retail. Barbershop. Beauty shop. Bookstore. Cafeteria(diner). Camera shop. Church or other place of worship. Cigar-, eigare#e and tobaeeo store. Clothes -pressing and repair. Club private-indoer-. Club private r. Community center. Dressmaker- seamstress. Drugstore. Florist sales. Fruit and vegetable market-retail. Gift shop. Grocery store - supermarket. Gymnasium. Health food store. Hobby shop. Hospital (general). Hospital or treatment center. Household furnishing shop. Ice cream shop. Jewelry -retail. Laundry, cleaning and dyeing -retail. Library. Magazine and newsstand. Meat market. Medical clinic. Mortuary - funeral home. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. S4sta4ion. Swimming pool - indoor. Tennis club -private or daily fee. Trailer. (Ord. 1973 56A, 3 28 1974' ^iid. 1994 Code; nFd. 1994 !A, 2 10 r1994; Ord. 2003 41, 7 22 2003) GENERAL BUSINESS DISTRICT (B-2) All uses permitted in the 0 and B-I Districts. Appliances - sales. Army/Navy surplus sales. Art gallery- art studio sales. Art supply store. Audit ei Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. Billiard parlor. Blueprint and photostat shop. Bowling alley. Carry-out food service. Catalog sales office. Clothing store - all types. Danee hall. Department store. Discount store. Drygoods store -retail. Floor covering sales. Furniture sales -new/used. Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel. Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. Paint/wallpaper store. Personal loan agency. Pet store. Picture frame store. Radio and television studios. Re"eing salon, massetif and steam bat-h.. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter- sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending- custom. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code) SERVICE BUSINESS DISTRICT (B-3) All uses permitted in the B-2 district. Agricultural implement sales and service. Appliance - service only. Automotive sales and service. Beat sales, Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Electrical equipment sales. Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennek Miniature golf. Motorcycle sales and service. Nursery. Orchard. Park- commercial recreation. Plumbing supplies and fixture sales. Pump sales. Recreational vehicle sales and service. Skatingr-ink. SpeAs T., ab g Tennis court- indoor. T, ile rental. Tmek sales and serviee. Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986; Ord. 1988-7, 4-14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21, 6-25-1998; Ord. 2005-58, 7-12- 2005) June 9, 2008 July 15, 2008 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE AND MAIN STREET COMMERCIAL PARTNERS DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , 2008 by and between THE UNITED CITY OF YORKVILLE, an Illinois corporation located in Kendall County (the "CITY") and MAIN STREET COMMERCIAL PARTNERS (the "OWNER"). RECITALS The CITY is an Illinois municipality and hereby enters into this Agreement pursuant to 65 ILCS 5/8-11-20 (2006) ("Enabling Statute"); and pursuant to Section 6(a) of Article VII of the Constitution of the State of Illinois of 1970, the CITY has determined that it has the authority to enter into this Agreement. The OWNER has purchased and intends to develop the commercial real property located at the Southeast corner of the intersection of Route 34 and Eldamain Road and legally described in Exhibit "A" (the "Property") for commercial uses ("Development Project") subject to the zoning ordinance enacted by the CITY. OWNER has demonstrated to the CITY's satisfaction that the OWNER has the experience and capacity to complete the Development Project. The OWNER and the CITY have determined that without the financial assistance provided under this Agreement the Development Project would not be feasible and that the OWNER would not undertake the Development Project. The OWNER has expressly conditioned the undertaking of the Development Project on the CITY's agreement to establish a special service area ("SSA"), issue bonds to pay for the cost of Reimbursable Improvements (as defined herein) ("Bonds"), and for repayment of the Bonds to be secured by a pledge the Sales Tax Revenues (defined herein) and Business District Taxes (as defined herein) it receives from the Development Project together with a tax levy which shall be assessed against the SSA, if necessary, to fund any repayment obligations of the Bonds not satisfied by the Sales Tax Revenues and Business District Taxes, all as provided in this Agreement. -1- The CITY deems it to be of significant importance to encourage development within the CITY so as to maintain a viable real estate tax and sales tax base and employment opportunities. Accordingly, the CITY has made the following findings necessary pursuant to the Enabling Statute: That the Property has remained vacant in excess of twenty(20)years; That the Development Project is expected to create job opportunities within the municipality; That the Development Project will serve to further the development of adjacent areas; That the CITY is desirous of creating detention facilities, extension of sanitary sewer and water service, traffic signalization, deceleration and turn lanes benefiting the real property. That without this Agreement, the Development Project would not be reasonably financially possible given the on-site and off-site costs imposed by the Illinois Department of Transportation, the United City of Yorkville, and the Yorkville Bristol Sanitary District; That the OWNER meets high standards of creditworthiness and financial strength; That the Development Project will strengthen the commercial sector of the municipality; That the Development Project will enhance the tax base not only of the CITY but of all local taxing bodies; That this Agreement is made in the best interest of the CITY; and Pursuant to the Illinois Municipal Code, as amended ("Code"), the CITY has authority to enter into an Economic Incentive Agreement relating to the development of land within corporate limits, including an agreement to use a portion of the Retailer's Occupation Taxes and Business District Taxes received by the CITY that are generated by the Development Project to service the Bonds. The CITY is authorized to establish special service areas pursuant to Part (6) of Section 7 of Article VII of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Area Tax Law, 35 ILCS 200/27-5 et seq. (the "Act"), which provides the manner of levying or imposing taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. It is in the public interest that the establishment of a special service area (hereinafter referred to as the "Area"), consisting of the Property, be considered for the purpose of funding the costs of designing, construction, maintenance and operation of the Development Project as set forth herein. -2- The Area is compact and contiguous. The Area is completely within the corporate limits of the City. The purpose of the establishment of the SSA is to provide for the reimbursement of the Costs of the Reimbursable Improvements. Subject to the terms and conditions of this Agreement, the CITY agrees to issue Bonds to either pay, or reimburse Owner for, the cost of Reimbursable Improvements. In reliance upon the CITY's representations and covenants contained in and subject to the terms and conditions of this Agreement, the OWNER intends to cause the Reimbursable Improvements to be constructed and to enter into construction contracts and other agreements as necessary. The Owner shall be responsible for the structure of the Bonds and the sale thereof and all costs associated therewith. In the event the sale of bonds for any reason does not occur the Owner shall be responsible for all costs incurred by the City and agrees to hold the City harmless from any liability in connection with such financing. Further, the CITY shall approve the Property as a Business District, pursuant to and in accordance with Division 74.3 of Article 11 of the Illinois Municipal Code. The CITY shall impose a service occupation and retailers occupation tax within the Business District of 1/2% on all transactions ("Business District Taxes"). This Agreement has been submitted to the corporate authorities of the CITY for consideration and review, and the corporate authorities have given all notices and taken all actions required to be taken prior to the execution of this Agreement to make this Agreement effective. NOW, THEREFORE, to maintain and revitalize business within the CITY by assuring opportunities for development and attracting sound and stable commercial growth; to promote the public interest and to enhance the tax base of the CITY; to induce the OWNER to undertake the Development Project; in consideration of the OWNER's agreement to undertake the Development Project and the CITY's agreement to issue bonds to pay for or reimburse the OWNER for the costs of causing the construction of certain of the Reimbursable Improvements; and in consideration of the mutual promises, covenants, stipulations and agreements herein contained in this Agreement, the OWNER and the CITY hereby agree as follows: 1. Incorporation of Recitals. The recitals set forth above are incorporated hereby by this reference as if fully set forth herein. 2. Creation of Economic Incentive Agreements; Special Service Area. (a) The CITY acknowledges that an economic incentive agreement for the subject commercial property within the Property will provide incentives for development within the Property, which will provide sales tax benefits to the CITY. The CITY shall, upon application -3- by OWNER or its assigns, pursuant to 65 ILCS 5/8-11-20 (2006) or any other statutory means, enact all ordinances and execute all agreements to cause the CITY to sell Bonds in the amount of the cost of the Reimbursable Improvements, as defined herein, plus three (3) years of capitalized interest and all costs of issuance attendant thereto, (in the aggregate, the "Use of Bond Proceeds') which Bonds shall be serviced and repaid from (i) the CITY's allocated portion of Sales Tax Revenue generated from the Development Project; (ii) all Business District Taxes allocated to the CITY from the Development Project; and (iii) if necessary, SSA payments assessed against the Development in accordance with the terms of the bond offering, all pursuant to the terms provided in paragraph 3 of this Agreement; (hereinafter referred to as "Incentives"). For purposes of this Agreement a "commercial retail user" shall be any user that collects sales tax as part of its operation. The commercial retailer user shall be referred to as the "Generator". The CITY acknowledges that its agreement to execute this Development/Economic Initiative Agreement is a material inducement to OWNER to enter into this Agreement. (b) Within sixty(60) days of OWNER's request, the CITY shall hold a public hearing to consider the establishment of the Area, and issuance of the Bonds, to provide funding for the Use of Proceeds and the levying of a tax on the Area to provide partial repayment of the Bonds, all upon proper publication and mailing of appropriate notice. 3. Development Incentive Reimbursement. Incentives. a) OWNER and CITY have entered into this Agreement, and during the process of approving Engineering Plans with respect to the Development Project have discovered that there is significant on-site and off-site drainage issues that can be improved by substantial extra drainage work that was not contemplated by OWNER or CITY being performed on OWNER'S property. OWNER has agreed to dig out unsuitable materials on its site and fill the same with CA-1 rock to provide under parking lot stormwater storage to accommodate off-site flows that OWNER had been assured by the CITY in writing it would not originally have to accommodate; and to provide stability for building pads and parking areas. In consideration of OWNER agreeing to undertake the work outlined in this paragraph 3(a), which is estimated to cost in excess of One Million Three Hundred Thousand ($1,300,000.00) Dollars, and the work outlined in paragraph 3(b) below, which is estimated to cost in excess of Four Million Seven Hundred Thousand ($4,700,000.00) Dollars, the CITY shall undertake an SSA bond offering, the proceeds of which shall be utilized to pay for, or reimburse, the Use of Bond Proceeds. The debt service and principal repayment of the Bonds shall be satisfied from: (i) Sales Tax Revenue received from the Development Project; (ii) Business District Taxes allocated to the CITY from the Development Project; and (iii) if necessary, SSA payments assessed against the Development Project in accordance with the terms of the bond offering. Furthermore, any reimbursement for costs incurred with respect to the Reimbursable Improvements received by the Developer, from any source whatsoever, (less expenses attendant to such reimbursement) shall be used to repay the Bonds. -4- b) The Reimbursable Improvements include, but are not limited to, the following: 1) Construction, design, studies, testing, engineering, excavation, hauling, compacting, and all related functions for any portion of any detention facility, or unsuitable soil removal, and de-watering undertaken on-site of the Property. 2) Construction of any intersection, signalization, or other improvements on Eldamain Road and Route 34 as is necessitated by IDOT or the CITY for the development of the Property and handling ambient traffic benefiting from said roadway improvements and including the cost of construction design, studies, testing, and engineering, excavation, hauling, compacting, and all related development and construction of roadway facilities, unsuitable soils removal, and any related de-watering.. 3) Extension of city water and sanitary sewer mains to the east boundary of the subject parcel as described in Exhibit "A" along and parallel with Eldamain Road to the east boundary of the Property. 4) Any oversizing of the stormwater, water or sanitary sewer in excess of that amount required to benefit the Property as described in the attached Exhibit `B", and in conformity and not to exceed the oversizing provided in the approved Final Engineering. 5) Any internal street connections required to be oversized as collector streets under the CITY Ordinances to benefit surrounding properties. 6) Any connection to off-site benefiting from the detention stormsewer, sanitary sewer and one-half of the cost of the water to cross Route 34 to connect to adjoining or nearby properties, and any additional sums advanced by OWNER to connect to said utilities. One half of the Costs to extend the water across Route 34 is approximately $40,000, as specified by the CITY. 7) In addition to the foregoing, the costs set forth in paragraph 3.a., plus design and engineering attendant thereto. 8) Costs attributable to the Property pursuant to that certain First Amendment to Recapture Agreement executed April 25, 2006 recorded August 3, 2006 in Kendall County, Illinois as Document Number 200600023728. Sales Tax Revenue Defined. The term Sales Tax Revenue used herein refers to revenues generated by the sale of merchandise from and collected under the Retailer's Occupation Tax, or any other "sales tax" or similar tax that may be enacted by the State of Illinois or any governmental agency or body created under the laws of the State of Illinois, based upon gross -5- sales, and located within the State of Illinois, that is collected from the Generators as a result of business transactions occurring on the Property. In the event that the CITY's share of said sales tax or substitute tax is reduced or increased by the State, then the affected Generator's share thereof shall be reduced or increased in the same proportion. Payment Obligation. The CITY hereby agrees to pay the Bonds no more frequently of than in quarterly installment payments, the timing of which shall coincide as nearly as practical with payments made to the CITY by the Illinois Department of Revenue of sales taxes, within thirty (30) days of receipt by the CITY of the quarterly installments, until repaid in full.-. The CITY'S use of Sales Tax Revenue to repay Bond obligations shall be limited to one- half (1/z) of the Sales Tax Revenue received by the CITY from the State generated by each Generator on the Property, or any additions to the Property, limited to sixty (60%)percent of said sales tax receipts shall be used to repay principal and interest due on that portion of the bonds utilized to pay the costs noted in paragraph 3(a) and 3(b)(7) above. In addition, the City shall utilize 100% of the Business District Taxes generated from the Property in payment of the Bonds. Should the Sales Tax Revenue and Business District Taxes be insufficient to satisfy the repayment terms of the Bonds, then the balance shall be satisfied from SSA payments assessed against the Development Project as specified in the Bond documents. However, if the CITY no longer receives sales tax revenues from the Generator due to a change in Illinois statutes, then the CITY shall make payments to the OWNER from any alternate sources of revenue provided to the CITY by the State, if any are made, specifically as a replacement or substitute for sales tax revenue presently received by the CITY. Verification of Costs. Following construction of the Reimbursable Improvements, OWNER shall provide the CITY with final lien waivers and sworn contractor affidavit establishing the cost of such improvements. Commencement Date and Term. The terms of this Agreement shall be for Twenty (20) years, commencing from the date of an executed lease by a tenant in the development project provided said lease is executed within two (2)years of the date of this Agreement. otherwise, this Agreement is null and void. In order to comply with the terms of this Agreement, OWNER shall require in writing all tenants in the Property and to any subsequent purchasers of any portion of the Property to direct the Illinois Department of Revenue to provide the CITY with a breakdown of sales tax being remitted to the CITY for each commercial retailer on-site. In the event OWNER or a commercial retailer fails to provide the CITY with written authority for release of said information from the Illinois Department of Revenue the CITY shall have no duty utilize sales tax proceeds from that commercial retailer in satisfying bond obligations. 4. Assignability. 1) It is expressly agreed and understood by the parties to this Agreement that the benefits contemplated in this Agreement and pursuant to 65 ILCS 5/8-11-20 -6- (2006) are assignable at the option of the OWNER. Upon the written assignment by the OWNER, assignee shall have all rights currently vested in the OWNER under this Development Agreement and applicable law, and shall be entitled to enforce same by any legal or equitable remedy. If any portion of the Property is sold by the OWNER, OWNER shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to this Agreement unless specifically assigned by the OWNER. Each successor owner shall take title subject to the attendant SSA payment obligations allocated to said property pursuant to the terms of the bond offering. 2) OWNER may assign a portion or all of its rights under the terms of this Agreement to any future developers, owners, or institutions or individuals providing financing for the Improvements. 5. Reimbursement Procedures. Sales Tax Reports. OWNER agrees to request all Generators to execute and deliver to the CITY a written direction, in form and content acceptable to the CITY and the Illinois Department of Revenue ("DOR"), authorizing the DOR to release to the CITY the sales tax figures for the Generator, on a quarterly basis and during the term of this Agreement. The CITY agrees to take the necessary action to initiate the transaction. Should the DOR cease to release the sales tax information to the CITY on a quarterly basis, OWNER and all Generators shall be responsible to take further action to obtain the sales tax information from the DOR or shall be responsible for submittal of the sales tax information from the DOR or shall be responsible for submittal of the sales tax information as provided for in the next paragraph of this Agreement. In the event the DOR fails to submit to the CITY the quarterly sales tax information for any Generator as provided for in Section A above, OWNER shall attempt to cause Generators to, contemporaneous with the filing of sales tax reports with the DOR or successor agency, furnish to the CITY copies of any and all sales tax returns, sales tax reports, amendments, or any other paper filed with the State of Illinois, said DOR or other appropriate governmental entity, pertaining to the Generators, and certified as being true and correct, which documents are being provided to the CITY for purposes of identifying Sales Tax Revenues. Confidentiality. The CITY acknowledges and agrees that information to be provided by Generators hereunder are proprietary and valuable information and that any disclosure or unauthorized use thereof will cause irreparable harm to OWNER and/or OWNER's affiliates and/or Generator and/or Generator's affiliates, and to the extent permitted by state of federal law, including but not limited to Section 7(1)(g) of the Illinois Freedom of Information Act, the CITY agrees to hold in confidence all sales figures and other information provided by OWNER or Generators or obtained from OWNER's or Generator's records in connection with this Agreement, and in connection therewith, the CITY shall not copy any such information except as necessary for dissemination to the CITY's agents or employees as permitted hereinafter. The CITY shall be permitted to disclose such information (i) to its agents or employees who are reasonably deemed by the CITY to have a need to know such information for purposes of this Agreement; provided, that such agents and employees shall hold in confidence such information -7- to the extent required of the CITY hereunder or (ii) to the extent required by order of court or by state of federal law. The confidentiality requirements of this Agreement shall survive any expiration, termination or cancellation of this Agreement and shall continue to bind the CITY, its successors, assigns and legal representatives for a period of five (5) years from the termination, expiration or cancellation of this Agreement. All Generators shall be treated as third party beneficiaries to this Confidentiality provision. 6. Audit. Each payment by the CITY to OWNER shall be accompanied by a statement executed by the City Treasurer or the Treasurer's designee, setting forth the calculations of such payment and identifying the sales tax return period to which the payment relates. The City Treasurer or the Treasurer's designee shall further issue a statement setting forth all payments made to date to OWNER. OWNER shall have one (1) year following the receipt of said payment to contest any of the calculations or information contained in said statements. OWNER shall have the right to review all sales tax reports provided to the CITY by the State relating to any Generator upon two days written request by OWNER. 7. Default/Right to Cure. No party shall be deemed in default hereunder until such Party has failed to cure the alleged default with ten (10) days in the case of a monetary default, or within thirty (30) days in the case of a non-monetary default, from written notice of such default from the other Party; provided, however, if the nature of such non-monetary default is such that it cannot reasonably be cured within such thirty (30) days period, then such Party shall not be deemed in default if such Party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. In the event of a default and except as may be otherwise provided herein to the contrary, the non-defaulting party may: (i) terminate this Agreement upon written notice to the defaulting party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii) except as may be otherwise expressly provided to the contrary herein, seek specific performance of this Agreement, and, in addition, recover all damages incurred by the non-defaulting party; (the parties declare it to be their intent that this Agreement may be specifically enforced); or (iii) pursue all other remedies available at law, it being the intent of the parties that remedies be cumulative and liberally enforced so as to adequately and completely compensate the non- defaulting party. 8. No Obligation to Develop, Open or Operate. Nothing contained in this Agreement shall be deemed to obligate OWNER, Generator or any of Generator's affiliates to construct any improvements on the Property or to open or operate any form of business in the Property for any period of time or at all. -8- 9. Additional Covenants. Existing Development Agreement ContingencX. The parties acknowledge that they have entered into a Development Agreement for improvements with respect to the subject property. The OWNER/DEVELOPER consents and agrees to comply with the terms of this said Agreement and default thereunder shall constitute a default hereunder. Time. Time is of the essence unless otherwise stated in this Agreement and all time limits set forth are mandatory and cannot be waived except by a lawfully authorized and executed written waiver by the party excusing such timely performance. Binding g ffect. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a court shall determine that the CITY does not have the power to perform any such provision, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. Notices. All notices and requests required pursuant to this Agreement shall be sent by certified mail as follows: To Owner: Main Street Commercial Partners Attn: Tim Tynan 372 River Ridge Road Elgin, IL 60123 To Owner's Attorney: Stahl Cowen Crowley Addis LLC 55 W. Monroe Street, Suite 1200 Chicago, IL 60603 Attn: Jeffrey J. Stahl To City: City of Yorkville 800 Garme Farm Road Yorkville, IL 60560 With copies to: Kathleen Field Orr 800 Game Farm Yorkville, IL 60560 Authority to Execute. The signatories of the parties hereto warrant that they have been lawfully authorized by the City Council of the CITY and the Board of Directors of DEVELOPER, to execute this Agreement on their behalf. Attorneys' Fees. If a party commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing party in such action shall have the right to recover reasonable -9- attorneys' fees and costs from the other Party to be fixed by the court in the same action. Relationship of the Parties. Nothing herein shall be deemed or construed by the Parties or by any third party as creating the relationship of principal and agent or of partnership of or joint venture between the Parties, it being understood and agreed that no provision herein, nor any acts of the parties, shall be deemed to create any relationship between the parties. Remedies Not Exclusive. Except as may be otherwise expressly provided herein, the various rights and remedies herein contained and reserved to each of the parties, except as herein otherwise expressly provided, are not exclusive of any other right or remedy of such party, but are cumulative and in addition to every other remedy now or hereafter existing at law, in equity or by statute. No delay or omission of the right to exercise any power or remedy by either party shall impair any such right, power or remedy or be construed as a waiver of any default or non- performance or as acquiescence therein. -10- IN WITNESS WHEREOF, this Agreement is entered into at United City of Yorkville, Illinois, as of the date and year shown above. UNITED CITY OF YORKVILLE, MAIN STREET COMMERCIAL PARTNERS an Illinois Municipal Corporation, By: By: MAYOR Manager Attest: Attest: CITY CLERK Dated: Dated Prepared by and return to: Stahl Cowen Crowley Addis LLC 55 West Monroe Street Suite 1200 Chicago, Illinois 60603 Attention: Jeffrey J. Stahl, Esq. (312) 641-0060 -11- EXHIBIT "A" COBBLESTONE SOUTH LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19 AND PART OF THE NORTH HALF OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 00 DEGREES 18 MINUTES 30 SECONDS WEST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19 A DISTANCE OF 208.10 FEET TO A POINT THAT IS 50.00 FEET SOUTHERLY OF, AS MEASURED PERPENDICULAR TO, THE CENTERLINE OF U.S. ROUTE 34; THENCE SOUTH 85 DEGREES 05 MINUTES 42 SECONDS EAST ALONG A LINE THAT IS 50.00 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF U.S. ROUTE 34,631 .36 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE EASTERLY 575.00 FEET ALONG A 38,147.20 FOOT CURVE, BEING 50.00 FEET SOUTHERLY OF AND CONCENTRIC WITH THE CENTERLINE OF U.S. ROUTE 34, WHOSE CHORD BEARS SOUTH 84 DEGREES 39 MINUTES 47 SECONDS EAST 574.99 FEET; THENCE SOUTH 05 DEGREES 46 MINUTES 07 SECONDS WEST 471 .89 FEET TO THE NORTHWESTERLY LINE OF OUTLOT 1 (ROB ROY CREEK) IN FOX HILL UNIT ONE, AS RECORDED NOVEMBER 2, 1994 AS DOCUMENT 94-10594 IN KENDALL COUNTY, ILLINOIS; THENCE SOUTH 59 DEGREES 25 MINUTES 15 SECONDS WEST ALONG SAID NORTHWESTERLY LINE OF OUTLOT 1 161 .39 FEET TO A BEND POINT; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE OF OUTLOT 1 SOUTH 21 DEGREES 58 MINUTES 02 SECONDS WEST 243.45 FEET TO A BEND POINT; THENCE SOUTH 89 DEGREES 19 MINUTES 23 SECONDS WEST ALONG A LINE WHICH IS PERPENDICULAR TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30 915.17 FEET TO SAID WEST LINE; THENCE NORTH 00 DEGREES 41 MINUTES 37 SECONDS WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30 627.20 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 01 DEGREE 18 MINUTES 30 SECONDS WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 30 60.71 FEET TO THE POINT OF BEGINNING, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; EXCEPTING THEREFROM THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST 122.62 FEET ON AN ASSUMED BEARING ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST 85.48 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST 633.18 FEET ALONG SAID SOUTH RIGHT OF WAY LINE TO THE POINT OF CURVATURE OF 38,147.20 FOOT RADIUS CURVE TO THE RIGHT; THENCE EASTERLY 575.00 FEET ALONG SAID CURVE WHOSE CHORD BEARS SOUTH 84 DEGREES 10 MINUTES 38 SECONDS EAST 574.99 FEET; THENCE SOUTH 06 DEGREES 15 MINUTES 17 SECONDS WEST 25.00 FEET; THENCE WESTERLY 574.63 FEET ALONG 38,122.20 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 84 DEGREES 10 MINUTES 38 SECONDS WEST 574.62 FEET; THENCE NORTH 84 DEGREES 36 MINUTES 32 SECONDS WEST 518.45 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 06 SECONDS WEST 100.10 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 32 SECONDS WEST 25.37 FEET TO THE POINT OF BEGINNING. s cc\031296.0001\d 171 W 1 Reviewed By: Agenda Item Number -Z) T Legal ❑ leas esr. Z - - Finance El Engineer ❑ Tracking Number ® 1® 1-.1 �j City Administrator F-1 p K y� 0�0 Consultant ❑ EDC 2008- Lf Agenda Item Summary Memo Title: Raintree Village SSA Bond — Lennar Transfer to New Developer Meeting and Date: EDC — Aug. 6, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: See attached memo. \�Ea C/; � Memorandum o To: Economic Development Committee es 'e'6 From : Brendan McLaughlin, City Administrator o Date: August 1, 2008 Subject: Approval Recommendation — Developer Transfer Lennar Corporation has notified the United City of Yorkville of their intent to sell their interests in the Raintree subdivision to Mike Douglass and Bill Phill, two local development veterans, As part of the transaction, Lennar is requesting certain approvals from the United City of Yorkville in order to facilitate the transaction. The requests are : 1) Assignment of Eligibility for the Special Service Area Bond Proceeds 2) Assignment of the Public Improvements Agreement 3) Approval to reduce the Lennar Letters of Credit to zero following the posting of acceptable replacement Letters of Credit The City's Bond Counsel is reviewing the request and will advise as to the appropriate legal actions to effectuate the City's approval, City staff is supportive of the transfer in ownership. It is recommended that the EDC approve this request and that the City Council approve the assignment in the manner to be recommended by Legal Counsel. l.Sfa� co, Reviewed By: Agenda Item Number 0 Legal ❑ E5r 1836 Finance ❑ Engineer El--�--� Tracking Number City Administrator ❑ �v Consultant ❑ EDC 2008- LE Agenda Item Summary Memo Title: Lincoln Prairie Temporary Stormwater Management Easement Meeting and Date: EDC/August 5, 2008 Synopsis: Agreement stating the responsibility of the developer and property owner of lot 2 for the temporary stormwater management system and allowing the City authority to enforce these responsibilities. Council Action Previously Taken: Date of Action: 2/26/2008 Action Taken: Final Plat approval Item Number: Type of Vote Required: Majority Council Action Requested: Approve Easement Agreement Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report o clr, Memorandum J2 O To: Economic Development Committee AN From: Travis Miller EST. 1Z leas CC: Brendan McLaughlin Lisa Pickering (for distribution) 09 Date: July 30, 2008 ��a p' M °°Ty yam? Subject: Lincoln Prairie Temporary Stormwater Easement <tE Agreement The Final Plat for Lincoln Prairie Subdivision was approved February 26, 2008. The resolution approving the plat recognized, and allowed for, the developer's need to manage stormwater temporarily upon Lot 4 until the permanent stormwater outfall is constructed. The purpose of the attached easement agreement is to state the responsibility of the developer and the owner of Lot 2 (proposed asphalt plant) during the temporary interim period and provides authority to the City to monitor and enforce proper maintenance of the temporary stormwater management system. TEMPORARY STORMWATER MANAGEMENT EASEMENT AGREEMENT This Agreement is made this day of ,200_,by and between DONALD J. HAMMAN and CAROL S. HAMMAN (hereinafter referred to as "Grantor"), the HEALY ASPHALT COMPANY,LLC,an Illinois limited liability company(hereinafter referred to as "Healy"), and The United City of Yorkville, an Illinois municipal corporatio Ahereinafter Deleted:. referred to as "Grantee"). The Grantor and Grantee are sometimes individually referred to as "Party"and collectively referred to as"Parties herein. WITNESSETH WHEREAS, Grantor is the owner in fee simple of a certain parcel of real estate,which is legally described on"Exhibit A" attached hereto and made a part hereof, which is located south of Corneils Road and east of Eldamain Road in Yorkville, Illinois (hereinafter referred to as "Subject Property");and WHEREAS, Grantor intends to develop the Subject Property as an industrial park in several phases of construction beginning with the Healy asphalt plant to be constructed as the first phase of development which plant shall be located just east of Eldamain Road and within Lot 2;and WHEREAS, Healy intends to provide all required storm water management for ,construction of the asphalt plant as located within Lot 2 within an on-site storm water basin as Deleted:the first phase of depicted in Exhibit'C7 attached hereto and incorporated herein;and Deleted:s WHEREAS, said storm water detention basin will J)e equipped with a temporary Deleted:not sedimentation basin (as shown on Exhibit "D" attached hereto and incorporated herein) and a Deleted:directly connected to a positive off-site storm sewer outfall temporary storm water outfall pipe klr "BI,to an existing low area as depicted in Exhibit BI, during the first phase of construction on attached hereto and incorporated herein;and the subject Property Deleted:136637/5 Deleted:133086/3 136537/5 I �� WHEREAS, when Grantor undertakes the second phase of construction on the Subject Property for an additional new use, Grantor shall ensure that the on-site detention basin and/or basins located on the Subject Property are equipped with a permanent storm sewer outfall pipe; and WHEREAS, during the interim period of time when the on-site detention facility serving the first phase of development is not equipped with a permanent storm sewer outfall pipe, a rainfall event greater than a 100-year storm may occur which causes an overflow of water from Deleted:loo yearrainfanevent the on-site detention basin into another area of the Subject Property;and WHEREAS, the parties wish to memorialize an agreement as to the granting of a temporary access easement covering the entire Subject Property to provide the_Grantee with the Deleted:grantee ability to enter the Subject Property to monitor, inspect, maintain and repair the on-site storm water management facility, temporary sedimentation basin and interim high water level areas on an emergency basis. NOW, THEREFORE, in consideration of ten ($10.00) dollars in hand paid and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the following agreements,covenants and restrictions are made: 1. Incorporation of Recitals. The foregoing recitals are substantive and are incorporated by reference in this paragraph 1 as though fully set forth herein. 2. Grant of Easements.Grantor hereby grants to Healy and Grantee, and to Healy and Grantee's successors and assigns, a temporary, non-exclusive easement over and across the portion of the Subject Property depicted in Exhibit `B," and Exhibit "D" attached hereto and made a part hereof(hereinafter referred to as the "Easement Area"), consistent with and for the purposes set forth in the terms of this Agreement; and a temporary, non-exclusive access easement over the entire Subject Property. The Easements granted herein shall automatically terminate upon the Grantee's issuance of a building permit for Phase II development of the Subject Property;and 3. Purposes of the Easements. The purposes of the easements granted herein are: a. The temporary, non-exclusive easement over the Easement Area is for the temporary right,privilege and authority,but not the obligation,to survey and inspect,and construct, reconstruct, repair and maintain, but only in cases of emergency, the storm water management area which is depicted as the"Interim High Water Level"(hereinafter "HWL") on the HWL Exhibit attached hereto as Exhibit "B", together with any and all manhole catch basins, connections, ditches, swales, and other structures and appurtenances as may be deemed necessary by Grantee. The right is also granted to cut down, trim, or remove any trees, shrubs, or other plants on the Easement Area that interfere with the operation of the storm water management facilities located on the Subject Property. b. The temporary,non-exclusive access easement over the entire Subject Property is Deleted:136637/5 Deleted:133086/3 136637/i 2 �� for the right of access across the Subject Property in the event of an emergency,together with necessary equipment, to do any of the work or perform any of the easement rights described in paragraph 3.a. above. Healy shall remain primarily responsible for the operation, maintenance and repair of the storm water management areas, pipes and appurtenances. Grantee will perform only emergency procedures as deemed necessary by the Grantee's Engineer. C. Certain Best Management Practices ("BMP's") shall be used in the design and construction of the facilities to be done by Healy such as erosion control measures at the outlet structure location and sedimentation control measures within on-site swales. A maintenance plan for the BMP's shall be submitted to the Grantee by Healy and Healy shall remain responsible for the ongoing maintenance of the BMP's. t Formatted:Indent:Left: 0.5" The uses contemplated by Healy and Grantor in the development of the Lincoln Prairie development include industrial activity which may be detrimental to landscaping, including areas designed to act as stormwater best management practices to cleanse stormwater before it reaches detention/retention basins or leaves Lot 2 and/or the Lincoln Prairie development. Healy and Grantor will allow access to Grantee's personnel to monitor these areas. If it becomes apparent that landscaping and/or stormwater best management practices cannot survive or function properly or be maintained properly as originally designed,Healy agrees to take additional measures at its own cost and within a timeframe acceptable to the Grantee, to improve sediment/debris removal, remove and replace landscaping,and/or revise stormwater best management practices as instructed by the Grantee. 4. Grantor Restrictions. During the term of this Agreement,Grantor shall not: a. place any permanent buildings on the Easement Area;or b. change the topography or storm water management structures within the Easement Area prior to Grantee's approval of Grantor's Phase 11 grading plans. Notwithstanding the foregoing, the storm water management structures within the Easement Area may be used for purposes that do not then or later interfere with the Grantee's rights herein. 5. Conduct and Coordination of Maintenance, Repair and Replacement. All entries by Grantee and Healy upon the Easement Area shall be done in a reasonable manner so as to minimize impact upon the activities of the Grantor. However, any damage to the Subject Property caused as a result of Grantee's activities on the Easement Area or the Subject Property shall be the obligation of the Grantor to correct and restore to its original condition. Healy shall be responsible for the installation and maintenance of the temporary discharge pipe from its stormwater detention facility as well as the installation and maintenance of the temporary outlet structure located on the Subject Property. Deleted:136637/5 6. Grantee's Costs. In the event of an emergency affecting properties adjacent to Deleted:133086/3 136637/i 3 �� the Subject Property requiring maintenance or repair of the Easement Area, Grantee may, at its option, perform such maintenance, repair, replacement. Grantor shall, upon presentment of verification by Grantee, immediately reimburse Grantee for any and all costs and charges associated therewith. In the event of a failure by Healy to maintain and repair the Easement Area and the improvements thereon, which impacts adjacent property owners or Grantee, then Grantee shall notify Grantor and Healy in writing of such failure. If Healy fails to remedy such failure within thirty (30) days after receipt of such notice or, if such failure cannot reasonably be cured within such thirty (30) days, or in the event Healy fails to commence the cure of such failure within such thirty (30) day period and diligently pursue such cure to completion, Grantee may, at its option,perform the obligation which Healy has failed to properly perform hereunder and Healy shall, upon notice from Grantee, immediately pay to Grantee any and all costs and charges associated therewith. In the event that Grantee assumes any of Healy's obligations pursuant to this paragraph, Grantee shall be entitled to recover from Healy, upon request, the charges, fees, costs, and expenses reasonably incurred by Grantee. 7. Covenants RunninE with the Land. All provisions of this Agreement, including the benefits and burdens set forth herein, shall run with the land and are binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 8. Transfer of Ownership. Whenever a transfer of ownership of the real estate or a part thereof legally described in Exhibit A occurs, the liability of the transferor for any breach of covenant occurring thereafter shall automatically terminate with respect to such transferor. Any transferee shall automatically assume and be bound by the burdens and obligations hereunder running with the land to the owner of the parcel or portion thereof being transferred. 9. Interpretation. This Agreement shall be interpreted in all respects pursuant to the laws of the State of Illinois. The rule of strict construction does not apply to the grants herein. The grants herein shall be given a reasonable construction to carry out the intention of the parties hereto to confer a commercially usable right of enjoyment to each party. 10. Jurisdiction and Venue. The parties hereby agree that the proper venue for any actions pursuant to this Agreement,brought by or on the behalf of any of the parties to this Agreement, shall be heard in the Courts of Kendall County, Illinois. All parties waive any objections to the jurisdiction of said Court and hereby consent to its jurisdiction. [SIGNATURE PAGES FOLLOW] Deleted:136637/5 Deleted:133086/3 136637/5_ 4 �� GRANTOR: DONALD J.HAMMAN CAROL S.HAMMAN STATE OF ILLINOIS ) )SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY,that DONALD J.HAMMAN and CAROL S.HAMMAN,personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument as their free and voluntary act,for the uses and purposed therein set forth. Given under my hand and official seal this day of ,200 NOTARY PUBLIC Deleted:136637/5 Deleted:133086/3 136637/5_ 5 �� HEALY ASPHALT COMPANY,LLC,an Illinois limited liability company By: Its Manager STATE OF ILLINOIS ) )SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid,DO HEREBY CERTIFY, that , personally known to me to be the Manager of the HEALY ASPHALT COMPANY, LLC, an Illinois limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such Manager, he signed and delivered the said instrument as such Manager as his free and voluntary act, and as the free and voluntary act of said limited liability company,for the uses and purposed therein set forth. Given under my hand and official seal this day of ,200 NOTARY PUBLIC Deleted:136637/5 Deleted:133086/3 136637/5_ 6 �� GRANTEE: UNITED CITY OF YORKVILLE,an Illinois Municipal Corporation By: Mayor By: City Clerk STATE OF ILLINOIS ) )SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid,DO HEREBY CERTIFY, that , personally known to me to be the Mayor of the United City of Yorkville, an Illinois municipal corporation, and , personally known to me to be the City Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument as such Mayor and City Clerk of said municipal corporation and that they caused the corporated seal of said municipal corporation, as their free and voluntary act, and as the free and voluntary act of said municipal corporation, for the uses and purposed therein set forth. Given under my hand and official seal this day of ,200_ NOTARY PUBLIC Deleted:136637/5 Deleted:133086/3 136637/5_ 7 �� LIST OF EXHIBITS Exhibit A: Legal Description Exhibit B: High Water Level Exhibit Exhibit C: Lot 2 Detention Pond Exhibit Exhibit D: Sediment Basin Location Exhibit Deleted:136637/5 Deleted:133086/3 136637/5_ 8 �� Deleted:EXHIBIT All EXII1BIT"A"-LEGAL DESCRIPTION LEGAL.DESCRIPTION THAT PAIN OF SEC'T'IONS 18 AND 19, IN DIUS'1-0I..TOWNSHIP,DESCRIBED AS FOLLOWS: BEGINNING AT TITR SOUTHWEST CORNER OF THE SOUTIWEST QUARTER OF FRACTIONAL SECTION 18, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 00 DEGREES 55 NfINiITES 52 SECONDS WEST,ALONG`IBE W)mw LINE OF SAID SOUTHWEST QUARTER, 2647.14 FEET, "1'0 THE NORTHWEST CORNER ak SAID SOUTHWEST QUARTER; THENCE CONTINUING NORTH 00 DEGREES 55 MINUTES 52 SECONDS WEST, ALONG THE WEST LJIE OV THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 18, 702.01 FEET, TO THE SOUTHRRLY LINE OF THE LANDS OF COMMONWIIALTTi EDISON COMPANY, THENCE SOUTH 89 DEGREES 56 MINUTES 20 SECONDS EAST, ALONG SAID SOUTHERLY LINE OF SAID LANDS, 565.21 Fkgf, THENCE SOUTH 60 DEGREES 11 MINUTES 24 SECONDS EAST,ALONG THE SOUTHWESTERLY LINE. OF SAID LANDS,913.67 FEET; THENCE SOUTH 00 DI.'G"ES 59 MINUTES 00 SECONDS EAST, ALONG THE WESTERLY LINE OF SAID LANDS, 191.81 FEET, TO A POINT ON 1III3 SOUTH XJNR OF SAID NORTHWEST QUARTER; THENCE SOUTH 23 DEGREES 57 MINETIES 25 SECONDS FAST, ALONG THE SOUTiHVMTRRLY IMF OF SAID LANDS, 820.50 FEHT; THENCE NORTH 81 DEGREES 02 MINUTES 36 SECONDS EAST, ALONG THE SOUTHERLY LTNR Ole SAID LANDS, 2781.47 FEET TO THE }BAST LMi OF THE WEST HALF OF THE NORTHEAST QUARTER Oil SAID FRATIONAL SECTION 18; 'TI1UNCF SOUTH 01 DEGREES I I MINUTES 17 SECONDS EAST ALONG SAID EAST LINE, 1423.25 FEET TO THE NOI ITIWES'rERLY RIGHT OF WAY LINE OF TIIE BURLINGTON NORTHERN SANTA FE RAILROAD; TI]ENCE SOUTH 73 DECREES 23 MINUTES 06 SECONDS WEST, ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, 2231.02 FEET, TO T1IFF CIRNTERLINE OF FAXON ROAD; THENCE NORTH 74 DEGREES 43 MINUTES 56 SECONDS WF°..3T, ALONG SAID C1?NTI?RI.INE, 518.61 FEET,TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER.OF SAID FRACTIONAL SECTION 18, THFNCP SOUTH 87 DEGREES 38 MINUTES 51 SECONDS WEST, ALONG THE SMITH LINE OF SAID SOUTI-IW13ST QUARTER, 1813.97 FEET,TO SAID POINT OF BEGINNING, ALL IN IKENDALL COUNTY, ILLINOIS. CONTAINING 228.44 ACRES MORE OR LESS. Deleted:136637/5 Deleted:133086/3 136637/5_ 9 �� Deleted:EXHIBIT BI SMITH ENCINEERFNC CONSULTANTS, INC. HIGH WATER LEVEL EXHIBIT P]1Y81B PRDTiBdi0.YL NBLBN TIDY 161-OM1A! il�A>'t 1 A-I A+1.4c0.LMW.Mg A`+yam[ EXPIRT B" �+ NOl TO SCALE s Y d r ��. � i i '\! n • - � it i ml} 1�r -_� �r 1 i'� I;'� �`\ - r. +�y■�1 ./` ^!-'..a+ _ Y'^'`I.. 1,I I "I+111 �°h I1 � 1 .a IS lull � r r `' ~�1�'`■ r f(,aVA EXIST R.aW f.- 1r `+i``• _+ is - •1 E i Rk ORDED DDC. 050D025833& 1, Li ' f?06�1f7TFY ,J rte; 1 i r 05'00(7258.70. Ih 11�� EA " *JAE1 `T � r- r`r it 11 i +•�! i I - ''� ��I f l " l t �r'+ ( i L TEM:f'f)RA1 Y 141 LF Oe -0 i-^ 1 ry,'ra r p,r�r r r ' TEMPORARY I wry, � A�! A■ IwAT477�Sf�'! l 0(`A TED N CRASS'" OUMTE PLOWABLE FIELD-3 I) 1 f4 p �� +r 1''a``4■5■'1. Ii r s,; 411' Po JI;- - r rrA L►NCOLN PRa,wle s YORKWLLE, !L HIGH WATER LEVEL (HRH) Mal n> OALfYN BY: P.IIG P%9LGi M0. FrC PJ 11W-P]A11] 0E 6T. N fJr fifA b1Frt+rn B`P --- F.G A SCWF Deleted:136637/5 Deleted:133086/3 136637/5_ 10 — — — — �� SMITH RNOINB8RING CONSa LTTAA SS, INC. EXROT 'C' rnm/ernvc�u NO r TO SCALE y 1 } v �•j'��.' v i ;'11'1 ' 1 r" (_; i 1 r� Il 1 S r'r 6 r/rte r+�i /+• 1' �_ + - ¢NATgR{FUAAQ iy y�il y L/{Ti.a '. Larg .I`�11r+°f/+ — I LINCOLN PRAIRIE YORICI9LLE, IL HEALY STORM H'ATE'R POND EXNISIT C Ftl4 m M vnlu - rrraccr xa Eli I f.V sa IlIN-urwn F BY H f4 kfA 4}ILLIiED 91b A}RT.FJIFEt FxWBYT—c fq A Deleted:136637/5 Deleted:133086/3 136637/5_ 11— — — — — — �� S.IfQTH ENGINEERING [:[IN5Q16T�rRo�B, INC. .WSJ - olutolo PAOPl�BOGflL n�oq>timi !e.-eemm EXI-0T '17" e l A. 1 aiuYios"W NOT TO, SCALE .x ! I y I + I � i I ! i j r ! rr` t ! r i N89-02 35"E 9 f 44_ -- 69 —�aL-643 I r' 641��' -sq 641 640 i - `^ 'u Ilxl _.,635 rnw I lQ I ' I i TEMPORARY SEDIMENT BASIN I + I i LX)T 3 29.W AC. f - _____----___ LINCOLN PRAIRIE .— YDRKWUE! it TEMPORARY SEDIMENT BASIN EXHIBIT--D DR/m 61". ekTE: PR0.ECi He. 0E91ME0 BN HR912 4CAIL 1^b." FJ NJA WP€k PU 6Y.'4FAi.e+ui: E718l W F—D A !'ad M1 Deleted:136637/5 Deleted:133086/3 136637/5_ 12 TEMPORARY STORMWATER MANAGEMENT EASEMENT AGREEMENT This Agreement is made this day of , 200_, by and between DONALD J. HAMMAN and CAROL S. HAMMAN (hereinafter referred to as "Grantor"), the HEALY ASPHALT COMPANY, LLC, an Illinois limited liability company(hereinafter referred to as "Healy"), and The United City of Yorkville, an Illinois municipal corporation (hereinafter referred to as "Grantee"). The Grantor and Grantee are sometimes individually referred to as "Party" and collectively referred to as "Parties"herein. WITNESSETH WHEREAS, Grantor is the owner in fee simple of a certain parcel of real estate, which is legally described on "Exhibit A" attached hereto and made a part hereof, which is located south of Corneils Road and east of Eldamain Road in Yorkville, Illinois (hereinafter referred to as "Subject Property"); and WHEREAS, Grantor intends to develop the Subject Property as an industrial park in several phases of construction beginning with the Healy asphalt plant to be constructed as the first phase of development which plant shall be located just east of Eldamain Road and within Lot 2; and WHEREAS, Healy intends to provide all required storm water management for construction of the asphalt plant as located within Lot 2 within an on-site storm water basin as depicted in Exhibit"C" attached hereto and incorporated herein; and WHEREAS, said storm water detention basin will be equipped with a temporary sedimentation basin (as shown on Exhibit "D" attached hereto and incorporated herein) and a temporary storm water outfall pipe draining to an existing low area as depicted in Exhibit "B" attached hereto and incorporated herein; and 136672/1 1 WHEREAS, when Grantor undertakes the second phase of construction on the Subject Property for an additional new use, Grantor shall ensure that the on-site detention basin and/or basins located on the Subject Property are equipped with a permanent storm sewer outfall pipe; and WHEREAS, during the interim period of time when the on-site detention facility serving the first phase of development is not equipped with a permanent storm sewer outfall pipe, a rainfall event greater than a 100-year storm may occur which causes an overflow of water from the on-site detention basin into another area of the Subject Property; and WHEREAS, the parties wish to memorialize an agreement as to the granting of a temporary access easement covering the entire Subject Property to provide the Grantee with the ability to enter the Subject Property to monitor, inspect, maintain and repair the on-site storm water management facility, temporary sedimentation basin and interim high water level areas on an emergency basis. NOW, THEREFORE, in consideration of ten ($10.00) dollars in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following agreements, covenants and restrictions are made: 1. Incorporation of Recitals. The foregoing recitals are substantive and are incorporated by reference in this paragraph 1 as though fully set forth herein. 2. Grant of Easements. Grantor hereby grants to Healy and Grantee, and to Healy and Grantee's successors and assigns, a temporary, non-exclusive easement over and across the portion of the Subject Property depicted in Exhibit `B," and Exhibit "D" attached hereto and made a part hereof(hereinafter referred to as the `Basement Area"), consistent with and for the purposes set forth in the terms of this Agreement; and a temporary, non-exclusive access easement over the entire Subject Property. The Easements granted herein shall automatically terminate upon the Grantee's issuance of a building permit for Phase II development of the Subject Property; and 3. Purposes of the Easements. The purposes of the easements granted herein are: a. The temporary, non-exclusive easement over the Easement Area is for the temporary right, privilege and authority, but not the obligation, to survey and inspect, and construct, reconstruct, repair and maintain, but only in cases of emergency, the storm water management area which is depicted as the "Interim High Water Level" (hereinafter "HWL") on the HWL Exhibit attached hereto as Exhibit "B", together with any and all manhole catch basins, connections, ditches, swales, and other structures and appurtenances as may be deemed necessary by Grantee. The right is also granted to cut down, trim, or remove any trees, shrubs, or other plants on the Easement Area that interfere with the operation of the storm water management facilities located on the Subject Property. b. The temporary, non-exclusive access easement over the entire Subject Property is 136672/1 2 for the right of access across the Subject Property in the event of an emergency, together with necessary equipment, to do any of the work or perform any of the easement rights described in paragraph 3.a. above. Healy shall remain primarily responsible for the operation, maintenance and repair of the storm water management areas, pipes and appurtenances. Grantee will perform only emergency procedures as deemed necessary by the Grantee's Engineer. C. Certain Best Management Practices (`BMP's") shall be used in the design and construction of the facilities to be done by Healy such as erosion control measures at the outlet structure location and sedimentation control measures within on-site swales. A maintenance plan for the BMP's shall be submitted to the Grantee by Healy and Healy shall remain responsible for the ongoing maintenance of the BMP's. The uses contemplated by Healy and Grantor in the development of the Lincoln Prairie development include industrial activity which may be detrimental to landscaping, including areas designed to act as stormwater best management practices to cleanse stormwater before it reaches detention/retention basins or leaves Lot 2 and/or the Lincoln Prairie development. Healy and Grantor will allow access to Grantee's personnel to monitor these areas. If it becomes apparent that landscaping and/or stormwater best management practices cannot survive or function properly or be maintained properly as originally designed, Healy agrees to take additional measures at its own cost and within a timeframe acceptable to the Grantee, to improve sediment/debris removal, remove and replace landscaping, and/or revise stormwater best management practices as instructed by the Grantee. 4. Grantor Restrictions. During the term of this Agreement, Grantor shall not: a. place any permanent buildings on the Easement Area; or b. change the topography or storm water management structures within the Easement Area prior to Grantee's approval of Grantor's Phase II grading plans. Notwithstanding the foregoing, the storm water management structures within the Easement Area may be used for purposes that do not then or later interfere with the Grantee's rights herein. 5. Conduct and Coordination of Maintenance, Repair and Replacement. All entries by Grantee and Healy upon the Easement Area shall be done in a reasonable manner so as to minimize impact upon the activities of the Grantor. However, any damage to the Subject Property caused as a result of Grantee's activities on the Easement Area or the Subject Property shall be the obligation of the Grantor to correct and restore to its original condition. Healy shall be responsible for the installation and maintenance of the temporary discharge pipe from its stormwater detention facility as well as the installation and maintenance of the temporary outlet structure located on the Subject Property. 6. Grantee's Costs. In the event of an emergency affecting properties adjacent to 136672/1 3 the Subject Property requiring maintenance or repair of the Easement Area, Grantee may, at its option, perform such maintenance, repair, replacement. Grantor shall, upon presentment of verification by Grantee, immediately reimburse Grantee for any and all costs and charges associated therewith. In the event of a failure by Healy to maintain and repair the Easement Area and the improvements thereon, which impacts adjacent property owners or Grantee, then Grantee shall notify Grantor and Healy in writing of such failure. If Healy fails to remedy such failure within thirty (30) days after receipt of such notice or, if such failure cannot reasonably be cured within such thirty (30) days, or in the event Healy fails to commence the cure of such failure within such thirty (30) day period and diligently pursue such cure to completion, Grantee may, at its option, perform the obligation which Healy has failed to properly perform hereunder and Healy shall, upon notice from Grantee, immediately pay to Grantee any and all costs and charges associated therewith. In the event that Grantee assumes any of Healy's obligations pursuant to this paragraph, Grantee shall be entitled to recover from Healy, upon request, the charges, fees, costs, and expenses reasonably incurred by Grantee. 7. Covenants Running with the Land. All provisions of this Agreement, including the benefits and burdens set forth herein, shall run with the land and are binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 8. Transfer of Ownership. Whenever a transfer of ownership of the real estate or a part thereof legally described in Exhibit A occurs, the liability of the transferor for any breach of covenant occurring thereafter shall automatically terminate with respect to such transferor. Any transferee shall automatically assume and be bound by the burdens and obligations hereunder running with the land to the owner of the parcel or portion thereof being transferred. 9. Interpretation. This Agreement shall be interpreted in all respects pursuant to the laws of the State of Illinois. The rule of strict construction does not apply to the grants herein. The grants herein shall be given a reasonable construction to carry out the intention of the parties hereto to confer a commercially usable right of enjoyment to each party. 10. Jurisdiction and Venue. The parties hereby agree that the proper venue for any actions pursuant to this Agreement, brought by or on the behalf of any of the parties to this Agreement, shall be heard in the Courts of Kendall County, Illinois. All parties waive any objections to the jurisdiction of said Court and hereby consent to its jurisdiction. [SIGNATURE PAGES FOLLOW] GRANTOR: 136672/1 4 DONALD J. HAMMAN CAROL S. HAMMAN STATE OF ILLINOIS ) ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that DONALD J. HAMMAN and CAROL S. HAMMAN, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument as their free and voluntary act, for the uses and purposed therein set forth. Given under my hand and official seal this day of 9200_ NOTARY PUBLIC 136672/1 5 HEALY ASPHALT COMPANY, LLC, an Illinois limited liability company By: Its Manager STATE OF ILLINOIS ) ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the Manager of the HEALY ASPHALT COMPANY, LLC, an Illinois limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such Manager, he signed and delivered the said instrument as such Manager as his free and voluntary act, and as the free and voluntary act of said limited liability company, for the uses and purposed therein set forth. Given under my hand and official seal this day of , 200_ NOTARY PUBLIC 136672/1 6 GRANTEE: UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation By: Mayor By: City Clerk STATE OF ILLINOIS ) ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the Mayor of the United City of Yorkville, an Illinois municipal corporation, and , personally known to me to be the City Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument as such Mayor and City Clerk of said municipal corporation and that they caused the corporated seal of said municipal corporation, as their free and voluntary act, and as the free and voluntary act of said municipal corporation, for the uses and purposed therein set forth. Given under my hand and official seal this day of , 200_ NOTARY PUBLIC 136672/1 7 LIST OF EXHIBITS Exhibit A: Legal Description Exhibit B: High Water Level Exhibit Exhibit C: Lot 2 Detention Pond Exhibit Exhibit D: Sediment Basin Location Exhibit 136672/1 8 EXHIBIT"A"- LEGAL DESCRIPTION THAT FART OF SECTIONS 18 AND 19, IN BRIS'T'OL TOWNSHIP, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 00 DEGREES 55 .MINUTES 52 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, 2647.14 FEET, TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE CONTINUING NORTH 00 DEGREES 55 MINUTES 52 SECONDS WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 18, 707.01 FEET, TO THE SOUTHERLY LINE OF THE LANDS OF COMMONWEALTH EDISON COMPANY; THENCE SOUTH 89 DEGREES 56 MINUTES 20 SECONDS EAST, ALONG SAID SOUTHERLY LINE OF SAID LANDS, 565.21 FEET; THENCE SOUTH 60 DEGREES 11 MINUTES 29 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF SAID LANDS, 913.67 FEET; THENCE SOUTH 00 DEGREES 59 MINUTES 00 SECONDS EAST, ALONG THE WESTERLY LINE OF SAID LANDS, 191.81 FEET, TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 23 DEGREES 57 MINUTES 25 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF SAID LANDS, 820.50 FEET; THENCE NORTH 89 DEGREES 02 MINUTES 36 SECONDS EAST, ALONG THE SOUTHERLY LINE OF SAID LANDS, 2781.47 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID FRATIONAL SECTION 18; THENCE SOUTH 01 DEGREES 11 MINUTES 17 SECONDS EAST ALONG SAID EAST LINE, 1423.25 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD; THENCE SOUTH 73 DEGREES 23 MINUTES 06 SECONDS WEST, ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, 2231.02 FEET, TO THE CENTERLINE OF FAXON ROAD; THENCE NORTH 74 DEGREES 43 MINUTES 56 SECONDS WEST, ALONG SAID CENTERLINE, 518.61 FEET, TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SAID FRACTIONAL SECTION 18; THENCE SOUTH 87 DEGREES 38 MINUTES 51 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 1813.97.FEET,TO SAID POINT OF BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS. CONTAINING 228,94 ACRES MORE OR LESS. 136672/1 9 3dIT ENGINEERING CONSULTANTS, INC. Ch1L/AMUffUFAL IDaal AND WnV .�a..a...ra..m s•`�iw�a,A. ,y. IU�.WISl5 Pxo7as�wvii o�or nRV ret-nlnlue ifIA4 l:1C imwn of Ap•rnn!eu>",A.1PlAldy /k 0 F}L F:RFDI.YEU ircr mAar-a EXN161 T Y3" NOT TO SCALE \\� � ... - ?■r Hof j 4 � ' i 1.� `}i ��/ �-�+ ?•'� ■■'nij}� iiisji 1 J.. .f ! I �A7 v - I� S *I r~� I" r~j j■1 1� p 114iplj�° _ k r y~I 4 1 111 Ilk ' A _..�'�i _ � �■1\ J 1 �\\+■_115 +VV}l llij\ �♦,•., i ,F. ' If / nl i • yC► A � I r.\ !A I■J L lV!I}I —r".. — }r"-�, '?`T�— r IrJ d�1~r�� ij `"X I+■ rte'' i} '�+ iiii.�r r — _ - -J --- 1_ t I V 1 ��V• r * r+y� f I 111 ST.X ,�aW •EI \ y ■r i`•• r _ i } i1 - I� n yy�'�1 l pr i'r i1 It R40RDED OOC. OSP00258JJ & ■ J,+ ', I r 41 i ] ti5 ]017 . ' 0500025830. 5\ �r■ 1r'� y� i�lrpl rf + ■ lr EA.S�`MEh1f�7�• 1 } ■ ,J I d `5 � r r � I � 1 yf I 7 3 1 1 1 � 1 k LCT I,I! 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D CITY Reviewed By: Agenda Item Number a� �.1+ Legal ❑ Finance F-1 EST. � 183 Engineer ❑ ~-� �- Tracking Number 0 JIM- 18, y City Administrator El �D Consultant ❑ EDC 2008- CLE ❑ Agenda Item Summary Memo Title: Rush-Copley/Kendall County Government Center-pending items Meeting and Date: EDC /August 5, 2008 Synopsis: See attached memo Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Memorandum 0 To: EDC Esr. lz _ _ leas From: Travis Miller CC: Lisa Pickering(for distribution) 09 Date: July 31, 2008 o��ae O Subject: Rush-Copley and Kendall County Government Center LI.E �v Develonment—Pending items This memo provides an update on a few items currently being negotiated and resolved related to the on-going development of the Rush-Copley and Kendall County Government Center properties. Staff anticipates action items will be presented to City Council in the future. Given the importance for each of these development projects to proceed as efficiently as possible, staff wanted to inform you of the following items so you are informed of the pending requests: Rush-Copley Offsite Storm Outfall Conveyance Route As you are aware, the approved engineering plans for Rush-Copley as well as the recently amended Temporary Stormwater Easement Agreement approved July 8, 2008 requires this development to provide an outfall to convey overflow to the Fox River. Cemcon, Rush-Copley's engineering consultant have prepared a design for this outfall across the rear(south) edge of the Kendall County property and ultimately outfalls to the Blackberry Creek. Staff recently met with Rush-Copley representatives as well as Kendall County representatives and this design and alignment is generally acceptable. This alignment will require an easement from Kendall County and all parties have agreed, that since the timing for this improvement is unknown, that the prudent action would be to prepare a letter of understanding, or an easement agreement,between the parties memorializing the expectations of each party. This LOU/Agreement is being drafted and will be presented at a future date for City Council consideration. Beecher Road—Kendall County Access Again, as you are aware, Rush-Copley intends to convey to the City of Yorkville a narrow strip of land(platted as Lot#3) between the Beecher Road right-of-way and the western property boundary of the Kendall County Government Center. This land strip was necessitated due to the Beecher Road right-of-way being located outside of the YBSD sanitary sewer easement which parallels the Rush-Copley eastern property boundary. This issue is in order for the County access drive to connect to Beecher Road, it must cross this strip (Lot 3). The City, upon conveyance,will own Lot 3, however, it will physically lie on the County's side of Beecher Road and would be most practical for the County to maintain (essentially only mow) this area. In order to clarify the responsibility of each party, staff has suggested an intergovernmental agreement be drafted. This agreement will be presented to City Council for consideration. X14. D CITY Reviewed By: Agenda Item Number a� �.1+ Legal ❑ Finance F-1 EST. � 183 Engineer ❑ ~-� �- Tracking Number 0 JIM- 18, y City Administrator El �D Consultant ❑ EDC 2008- CLE ❑ Agenda Item Summary Memo Title: Action Plan for City Council Goal `Open Space Acquisition' Meeting and Date: EDC /August 5, 2008 Synopsis: Request for approval of the Action Plan prepared for `Open Space Acquisition' City Council Goal Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of Action Plan Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached Action Plan co, 00 Memorandum To: EDC Esr � leas From: Bart Olson, Assistant City Administrator CC: p Date: August 5, 2008 Ey��' Subject: Action plan for open space acquisition Action Plan for Implementation Step Action Necessary Party Responsible Timeline Identify the preferred means of property City Council acquisition and maintenance.(i.e. Plan Commission I conservation easements,property leasing, United City of Yorkville Staff 6 months public acquisition,private acquisition, United City of Yorkville Parks&Rec. etc.) United City of Yorkville Residents Yorkville Green Committee Identify potential funding sources Consultant(grant writer) 2 dependent upon ownership and 3 months maintenance structure(see Section I Goal I Objective I for funding procedure) 3 Secure necessary financing for purchase Consultant(grant writer)OR ONGOING Dependent upon ownership structure City Acquisition of Land: City Council 4-A Educational program for residents about Plan Commission 4 months land acquisition by ublic entities United City of Yorkville Staff City Acquisition of Land: City Council Establish criteria for prioritizing land Plan Commission delineated by the Open Space United City of Yorkville Staff 4-g 3 months Opportunities Map for purchase United City of Yorkville Parks&Rec. United City of Yorkville Residents Yorkville Green Committee City Acquisition of Land: City Council Prioritize the land available for which to Plan Commission 4-C obtain and identify most appropriate United City of Yorkville Staff 4 months ownership and maintenance structure United City of Yorkville Parks&Rec. United City of Yorkville Residents Yorkville Green Committee 4-D City Acquisition of Land: City Council ONGOING Acquire land Maintenance of land for use by the public United City of Yorkville Parks&Rec. 5 (dependent upon agency in ownership) Kendall County Forest Preserve ONGOING Conservation Foundation If preferred means of acquisition does not United City of Yorkville Staff 6 involve city purchase,provide data on ONGOING available lands and priority given to them to other agencies ,SO'D C►p Reviewed By: Agenda Item Number d"' Legal El E5r 1836 Finance ❑ Engineer El--�--� Tracking Number City Administrator ❑ �v Consultant ❑ EDC 2008- �LE �'� F-1 Agenda Item Summary Memo Title: Developers Handbook Meeting and Date: EDC /August 5, 2008 Synopsis: For your reference/information Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: none Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Staff has prepared the attached handbook to assist petitioners when applying for common development requests. This handbook is intended to be made available on the City website, as well as hardcopy form for those who are interested. O EST. , 1836 0 cMI 0 J" �nm�mumv <LE X UNITED CITY OF YORKVILLE Development Review Handbook Community Development Department 2008 Table of Contents • TITLE PAGE • Development Concept Review 1 • Annexation including Annexation Agreement 2 • Re-Zoning Review 3 • PUD Concept Plan Review 4 • Subdivision Preliminary Plan 5 • Subdivision Final Plan / Plat 6 • Non Residential Site Plan Review 7 • Zoning Variance Review 8 • Special Use Review 9 • Concept Plan Application / Mile and '/z Review Application 10 • Annexation / PUD Application 15 • Rezoning Application 15 • PUD Concept Plan Application 20 • Subdivision Preliminary Plan Application 26 • Subdivision Final Plan / Plat Application 26 • Non Residential Site Plan Application 34 • No Residential Site Plan Submittal Requirements Checklist 35 • Zoning Variance Application 39 • Special Use Application 43 Development Concept Review Page 1 • PROCESS: This process is optional, but Submit application to recommended, for PUD's and major rezoning Community Development ment or redevelopment requests. This review allows the Plan Commission, Park Board and City Department Council members an opportunity to preview the submittal and offer input to the petitioner in regards to the plan. It is approximately a two The petitioner presents the month process. The Community Development Department will schedule a meeting with the plan at Plan Council meeting petitioner, when requested, and advise the petitioner on submittal information. • Submit complete Concept Review Application The petitioner presents the to the Community Development Department. plan (with residential component) • The application is scheduled for a Plan at Park Board meeting Council meeting. • The application is scheduled for a Park Board The petitioner presents the meeting, if there is a residential component. plan at Plan Commission • The application is scheduled for a Plan meeting Commission meeting. • The application is forwarded to City Council meeting. The petitioner presents the plan at City Council meeting Annexation Including an Annexation Agreement Page 2 The petitioner requests a • PROCESS: A Pre-Application meeting with City Staff Pre-Application meeting is required. • Submit complete Annexation Application to the Submit application, agreement, lega Community Development Department. Any petitions description on CD, and fees to also requesting re-zoning, special use(s) or code variation(s) may also be processed simultaneously. Development Denartment • The application is scheduled for a Plan Council review. The application is scheduled for a Park Board meeting The petitioner presents the plan • review, if there are residential components. at Plan Council meeting • The application is scheduled for a Plan Commissio Public Hearing, and Zoning Board of Appeals, if The petitioner presents the plan applicable. at Park Board meeting • The application is scheduled for a Economi Development Committee review. The application is scheduled for a City Council Public The petitioner presents the plan to • Hearing. Plan Commission Public Hearin • The application is scheduled for City Council final consideration. The petitioner presents the plan to • Notes: Per Ord. 1973-56A, 3-28-74: For each Public Economic Development Committee Hearing required , the petitioner is required to mail certified notices to property owners within 500 ft. no The petitioner resents the plan at more than 30 days in advance of the hearings p p p conducted by the Plan Commission and Zoning City Council Public Hearing Board of Appeals. The petitioner presents the plan to City Council for final consideration Re-Zoning Review page 3 • PROCESS: A Pre-Application meeting with City Staff is required. The petitioner requests a • Submit completed Rezoning Application to Pre-Application meeting the Community Development Department. • The application is scheduled for Plan Submit application, agreement, legal Council review. description on CD, and fees to • The application is scheduled for a Plan ommunijy Development Department Commission Public Hearing. • The application is scheduled for an The petitioner presents the plan at Economic Development Committee Plan Council meeting review. • The application is forwarded to City The petitioner presents the plan at Council for final consideration. Note: Per Ord. 1973-56A, 3-28-74: For Plan Commission Public Hearing • the Plan Commission Public Hearing, the petitioner is required to mail certified The petitioner presents the plan to notices to property owners within 500 ft. not more than 30 days in advance of the Economic Development Committee hearing conducted by the Plan Commission. The petitioner presents the plan to City Council for final consideration PUD Concept Plan Review Page 4 • PROCESS: A Pre-Application meeting with City Staff The petitioner requests a is required. Pre-Application meeting • Submit competed PUD Concept Plan Application to the Community Development Department. Submit application and legal • The application is scheduled for Plan Council review. description on CD, with fees • The application is scheduled for a Park Board meeting, if the plan has a residential component. The petitioner presents the plan at • The application is scheduled for a Plan Commission public hearing. Plan Council meeting • The application is scheduled for an Economic Development Committee review. The petitioner presents the plan at • The application is scheduled for a City Council for final Park Board meeting consideration. • Note: Per Ord. 1973-56A, 3-28-74: For the Plan The petitioner resents the plan at Commission public hearing, the petitioner is required P p p to mail certified notices to property owners within 500 ft. Plan Commission Public Hearing not more than 30 days in advance of the hearing. • A PUD requires rezoning, therefore the procedures The petitioner resents the plan to follow those of a rezoning application with the addition p p p of a concept PUD plan. conomic Development Committee • Subsequent to PUD Concept approval / rezoning, Preliminary PUD submittal follows Preliminary The petitioner presents the plan Subdivision Process. to City Council for final consideration Subdivision Preliminary Plan Page 5 The petitioner submits Preliminary • PROCESS: Submit complete Subdivision Plan application, legal description Preliminary Plan Application to the Community on CD, and fees to Community Development Department. Development Department • The application is scheduled for Plan Council review. • The application is scheduled for a Plan The petitioner is scheduled for Commission meeting. Plan Council meeting • The application is scheduled for an Economic Development Committee review. The petitioner presents the plan at • The petition is forwarded to the City Council Plan Commission meeting meeting for final review. • Note: Approval of the Preliminary Plan is tentative only and shall be effective for a The petitioner presents the plan to period of twelve months. If the Final Plat is conomic Development Committee not recorded within this time limit, the Preliminary Plan becomes null and void unless an extension is granted by City Council. The petitioner presents the request to City Council for final consideration Subdivision Final Plan/Plat Page 6 The petitioner submits Final Plan / • PROCESS: Submit completed Subdivision Plat application, legal description on Final Plan/Plat Application to the CD, with fees to Community Community Development Department. The Development Department petitioner should submit the application and legal description on CD, all necessary information and fees. The petitioner is scheduled for • The application is scheduled for a Plan Plan Council meeting Council meeting. • The application is scheduled for a Plan Commission meeting. The petitioner presents the plan at • The application is scheduled is scheduled Plan Commission meeting for an Economic Development Committee review. • The application is forwarded to City The petitioner presents the request to Council for final consideration. conomic Development Committee • NOTE: Per Ord. 2004-52, 5-03-08 the final plat must be recorded in 30 days of City Council approval, or approval is void. The petitioner presents the request to City Council for final consideration Non Residential Site Plan Review Page 7 • PROCESS: Submit completed Non Residential Site Plan Applications to the Community_Development Department. The petitioner should include the name of the project, contact name, email address, project professionals and PIN number. • Geometric, landscape, signage, utility, traffic and photometric plans may be included. Outside agencies including (but not limited to) IDOT, Yorkville Bristol Sanitary District, EPA, and Kendall County may be required to approve the plans. • A stamp of an Illinois registered professional engineer, architect, landscape architect or land surveyor is required for all plans submitted for review (the scope of work performed by such professionals in conjunction with a site plan submission is limited to that permitted by their respective licensing authorities). • The city review team will be forwarded the appropriate plans and will provide detailed itemizations of all recommendations to the petitioner, following reviews of the submittal. • If needed, members of the review team from the City and/or Sanitary Engineering staff, Building Safety, Public Works, Planning and Community Development may schedule meetings with the petitioner if there are specific issues that need further discussion. • Any variance request in the site plan requires Zoning Board of Appeals approval (see process for a variance request). • Corrections or comments on the Site Plan submittal do not relieve the petitioner from compliance with all applicable City Ordinances or Statutes. Compliance with all said ordinances and statutes is required prior to issuance of any occupancy permit or acceptance of any improvements unless specifically agreed to in writing by the United City of Yorkville. Page 8 Zoning Variance Review • PROCESS: Submit complete Zoning Variance Request Application to the Community The petitioner submits Zoning Development Department. A Zoning Variance Variance application, legal Request, if granted, permits changes in: 1 ) set- description on CD, with fees to backs; 2) lot widths; 3) off street parking uses, facilities and spaces; 4) increasing sign or floor Pce Development Department areas; or 5) decreasing lot sizes. • Submit zoning variance request to the Development Department Community Development Department on CD, as well as all materials and applicable fees. pares chedule for presentations • The application is scheduled for a Zoning Board of Appeals public hearing. oner presents at Zoning • The application is forwarded to a City Council Appeals Public Hearing meeting.• Note: In certain situations, the Zoning Board of Appeals has the final authority, in which case, etitioner presents the ZBA action will be the last step. City Council for final • Note: Per Ord. 1973-56A, 3-28-74: For each consideration Public Hearing required, the petitioner is required to mail certified notices to property owners within 500 ft. not more than 30 days in advance of the hearing. Page 9 Special Use Review The petitioner submits Special Use • PROCESS: Submit completed Special Use application, legal description on CD Application to the Community Development Department. and fees to Community • The application is scheduled for a Plan Development Department Council meeting. itioner presents the plan • The application is scheduled for a Plan lan Council meeting. Commission public hearing. • The application is scheduled for an er presents the plan at the Economic Development Committee review. mission Public Hearing • The application is forwarded to City Council for final consideration. er presents the plan to the Note: Per Ord. 1973-56 A, 3-28-74: For Development Committee each public hearing required , the petitioner is required to mail certified notices to The petitioner presents the property owners within 500 ft. not more than 30 days in advance of the hearing. plan to City Council 10 `,(So clT' United City of Yorkville 800 Game Farm Road EST . 1638 Yorkville, Illinois 60560 PTelephone: 630-553 -4350 Fax: 630-553 -3436 <LE PC # APPLICATION & PETITION FOR CONCEPT PLAN REVIEW AND COUNTY MILE AND ONE-HALF REVIEW PLEASE CIRCLE UNDERLYING TYPE OF REQUEST: Annexation & Zoning Rezoning PUD Amendment 1 '% Mile Review Development Name: Date of Submission: 1 . Name of Petitioner(s): Address: Phone Number: Fax Number: Email : Relationship of Petitioner(s) to subject property: [] Owner [] Developer [] Contract Purchaser 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: 3. a). Street address and physical location of subject property: b). Legal description of property; attach as Exhibit "A". c). Total Acreage: d). Kendall County Parcel Number(s) of property: e). Current Zoning Classification: f). Zoning Classification Sought: g). Is this property within City limits? Yes No, requesting annexation (If no is checked, is the property contiguous with existing City boundaries? Yes _ No) United City of Yorkville Concept/1-1/2 mile Review Application Revised: 7/15/2008 it 4. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Address: Phone Number: Fax Number: Email Address: Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: 5. If 1 z Mile County Review, what is county zoning currently? Requested Zoning: Zoning of surrounding parcels: North: South: East: West: 6. Submit the following to the Community Development Department 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 Community Development Department 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. United City of Yorkville Conceptl1-1/2 mile Review Application Revised: 7/15/2008 12 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: Subscribed and sworn to before me this day of 1200_ Notary Seal THIS APPLICATION MUST BE NOTARIZED. United City of Yorkville Concept/1-1/2 mile Review Application Revised: 7/15/2008 13 CONCEPT PLAN and COUNTY MILE AND ONE-HALF REVIEW PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees* and concept plan as described by the United City of Yorkville Subdivision Ordinance meeting the checklist of items to be included in a concept plan (see checklist attached). *Fees for all concept plans excluding 1 '/z Mile Review are as follows: Engineering Fees of $500 are due upon submittal of the concept plan, with the balance due when the proposed preliminary plan is submitted. Fees for 1 '/ Mile Review: $250 For Concept Plan Review: Step 2: Plan Council: A staff meeting (City Administrator, Community Development Director, City Engineer and Public Works Director ) will be held to review plan. Step 3: Park Board Meeting: Developments with a residential component must present their plan to the Park Board at their Park Planning Meeting, which is the 4 I Thursday of each month at 7:00 p.m. at the Parks and Recreation office at 201 W. Hydraulic Street. Step 4: Plan Commission: Petitioner then presents their plan at the scheduled Plan Commission, which will involve an informal public comment session after the presentation. Plan Commission meetings are held the 2nd Wednesday of each month at 7:00 p. m. in the City Council Chambers, 800 Game Farm Road. Step 5: City Council: Petitioner then resents their plan to the City Council (Mayor and all Aldermen). The City Council meets the 2" and 4th Tuesday of the month at 7:00 p. m. in the City Hall Council Chambers. The City Council will discuss and no formal voting takes place. To begin the next step in the development process, you will be required to submit an additional application specific to your request. For County Mile and One-Half Review: Step 2: Plan Council: The Plan Council meets the 4'" Thursday of the month at 9:00 a.m. in the Conference Room. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Representative, Public Works Director, Director of Parks and Recreation, Fire Department Representative, 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 4th Thursday of each month at 7:00 p. m. at Park and Recreation office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p. m. in the City Council Chambers. 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 Community Development Director. Step 5: Economic Development Committee: The Economic Development Committee meets the 1st Tuesday of each month in the City Council Chambers at City Hall. United City of Yorkville Concept/1-1/2 mile Review Application Revised: 7/15/2008 14 Step 6: City Council: The City Council meets the 2nd and 4th Tuesdays of the month at 7:00 p. m. in the Council Chambers at City Hall. The project will be discussed at the City Council where formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. UNITED CITY OF YORKVILLE CONCEPT PLAN APPLICATION CHECKLIST This checklist is in accordance with our Subdivision Ordinance & Standard Specifications No. 2000-02, adopted 3-9-00. Copies available upon request. Section 6.00 — REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS AND PLATS: 6.01 .01 CONCEPT PLAN The Concept Plan may be done free hand, but shall be done with reasonable accuracy and clarity. The scale of the drawing should be 1 " = 100', unless clarity or size of drawing dictates otherwise. The following information shall be shown: 1 . Name & Address of the owner or subdivides 2. North arrow and scale. 3. Approximate dimensions and area of parcel. 4. Topography — not greater than 10 foot contour intervals such as can be obtained from USGS maps. 5. Proposed layout of streets, lots, parks, and non-residential areas, including storm water control. 6. Number of dwelling units, with gross density. 7. Minimum and average lot sizes. 8. Gross area. 9. For multiple-family, commercial and industrial areas, show potential (may be an exhibit): A. Location of buildings. B. Approximate dimensions and area of site. C. Off street parking, delivery and pick-up areas D. Buffer zones (identify and label). 6.01 .02 Existing Conditions: Presence of any of the following shall be shown on the sketch plan or an additional sheet: 1 . Streams, marshes, bodies of water, wooded areas, wetland, and other significant natural features. 2. Location and direction of all water courses, drainage ways, and areas subject to flooding. 3. Location of existing storm drains, inlets and outfalls. 4. Existing buildings. 5. Existing utilities and utilities proposed for extension. 6. Existing streets. 6.01 .03 Location Map: A small scale map or sketch of the general area showing the relationship between the proposed subdivision and existing community facilities and rights-of-way, with the proposed subdivision indicated thereon. United City of Yorkville Concept/1-1/2 mile Review Application Revised: 7/15/2008 15 T�� United City of Yorkville 800 Game Farm Road EST. 183E Yorkville, Illinois 60560 0 I ' o Telephone: 630-553 -4350 .� Fax: 630-553-3436 PC # APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: Date of Submission: Requesting: [] Annexation [] Zoning [] Planned Unit Development [] Special Use: 1 . Name of Petitioner(s): Address: Phone Number: Fax Number: Email Address: Relationship of Petitioner(s) to subject property: [] Owner [] Developer [] Contract Purchaser 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: 3. a). (i). Street address and physical location of subject property: (ii). Zoning of surrounding parcels: North: South: East: West: b). Legal description of property; attach as Exhibit "A". c). Total Acreage: d). Kendall County Parcel Number(s) of property: e). Current Zoning Classification: f). Zoning Classification Requested: United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7. 15.2008 16 g). Is this property within City limits? 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: 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: 7. Does a flood plain exist on the subject property? 8. Do Electors reside on the subject property? If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Address: Phone Number: Fax Number: Email Address: Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7.15.2008 17 10. Submit the following to the Community Development Department 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 Community Development Department for verification of this amount. c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) legal description, and site plan. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: Petitioner(s) Signature: (All legal property owners' signatures must appear on this application.) Subscribed and sworn to before me this day of 200 Notary Seal THIS APPLICATION MUST BE NOTARIZED. United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7. 15.2008 18 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 Community Development Department 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 = $101000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4th Thursday of the month at 9:00 a.m. in the City Conference Room. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Representative, Public Works Director, Director of Parks and Recreation, Fire Department Representative, 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 4th Thursday of each month at 7:00 p.m. at the Parks and Recreation Office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p. m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7. 15.2008 19 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 Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. Step 5 - Economic Development Committee: The Economic Development Committee meets the 1st 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 where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council: A public hearing is required for annexation or PUD agreements. The City Council meets the 2 or 4t" Tuesday of the month at 7:00 p. m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Step 7: City Council: The City Council meets the second and fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. 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 Community Development Department, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: Signature of Petitioner United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7. 15.2008 20 o UNITED CITY OF YORKVILLE y 800 Game Farm Road 1836 Yorkville, IL 60560 op G, o Telephone: 630-553-4350 Fax: 630-553-3436 <CE "� PC # APPLICATION & PETITION PLANNED UNIT DEVELOPMENT REQUEST Development Name: Date of Submission: Requesting: [] Annexation & Rezoning [ ] Concept [] Preliminary [] Amendment 1 . Name of Petitioner(s): Address: Phone Number: Fax Number: Email: Relationship of Petitioner(s) to subject property: [] Owner [] Developer [] Contract Purchaser 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: 3 . a). (i). Street address and physical location of subject property: (ii). Zoning of surrounding parcels: North: South: East: West: b). Legal description of property; attach as Exhibit "A". c). Total Acreage: United City of Yorkville Planned Unit Development Application Revised: 7115/08 21 3 . (con't): d). Kendall County Parcel Number(s) of property for which PUD is sought: e). Current Zoning Classification: f). Zoning Classification Requested: g). Is this property within City limits? 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: 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: 7. Does a flood plain exist on the subject property? 8. Do Electors reside on the subject property? If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone and fax numbers, and emails of persons to whom inquiries regarding this petition may be directed: Attorney: Name: Address: Phone Number: Fax Number: Email: Engineer: Name: Address: Phone Number: Fax Number: United City of Yorkville Planned Unit Development Application Revised: 7/15/08 22 Email: Land Planner: Name: Address: Phone Number: Fax Number: Email: 10. Submit the following to the Community Development Department 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 Community Development Department for verification of this amount). c 1 . Concept PUD Plan: 15 sets of each folded to fit in a 10" x 13" envelope* Conceptual Planned Unit Development Plan Aerial Photograph *Please refer to pages 2 & 3 of Ordinance 2004-64 Adopting the Revised Planned Unit Development Ordinance for the specific requirements for information to be included on these documents. c 2. Preliminary PUD Plan: 6 sets of the following folded to fit in a 10 x 13" envelope* Preliminary Planned Unit Development Form Disclosure of Beneficiaries Form Preliminary PUD Plan Preliminary Landscape Plan Preliminary Engineering Plan Photometric Plan Architectural Drawings Zoning Plat "Please refer to pages 5 - 7 of Ordinance 2004-64 Adopting the Revised Planned Unit Development Ordinance for the specific requirements for information to be included on these documents. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits), proposed drawings, location map, and site plan. Within one week of receipt of submittal, the review team will determine if it is complete or if additional information is needed. Once the submittal is complete, the Plan Council meeting will be scheduled. Six weeks prior to your scheduled United City of Yorkville Planned Unit Development Application Revised: 7/15/08 23 Plan Council meeting, you will be required to submit 15 full size preliminary/final site plans for the packets distributed to the members. 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: Petitioner(s) Signature: (All legal property owners' signatures must appear on this application.) Subscribed and sworn to before me this day of 5200 Notary Seal THIS APPLICATION MUST BE NOTARIZED, United City of Yorkville Planned Unit Development Application Revised: 7/15/08 24 PLANNED UNIT DEVELOPMENT REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Community Development Department 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 and Rezoning - $250 plus $ 10 per acre for each acre over 5 acres b. Engineering Review Fees - 1 .25% of the approved engineer' s estimate of cost of all land improvements, to be determined by City Engineer. c. Planned Unit Development fee - $500 d. 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 e. Deposit for Outside Consultants - under 2 acres = $ 1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Planning Council meets the 4th Thursday of the month at 9:00 a.m. in the City Conference Room. 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 Representative, Public Works Director, Executive Director of Parks and Recreation, Fire Department Representative, and Police Chief. Step 3: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council' s consideration. The Plan Commission consists of 9 members appointed by the Mayor, and the City Attorney and City Land Planner. United City of Yorkville Planned Unit Development Application Revised: 7/15/08 25 A public hearing will be held at this time for the Annexation and/or Planned Unit Development 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 ft. 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 Community Development Department's office containing the names, addresses and permanent parcel numbers of all parties that were notified. A public hearing sign must be posted on the property being considered. The sign must be posted not less than 15, but no more than 30 days from the hearing. The petitioner can pick up the sign in the Community Development Department. The signs should be returned 7- 10 days after the public hearing. Step 4: Park Board : The Park Board makes recommendations on any park sites included in residential developments. The Park Board planning meeting is the 4th Thursday of each month at 7:00 p.m. at the Parks and Recreation office at 201 W. Hydraulic Street. Step 5: Economic Development Committee: The Economic Development Committee meets the 1 st Tuesday of each month at 7:00 p.m. in the City Hall Conference Room. All projects, regardless of a positive or negative EDC recommendation, proceed to the City Council for discussion. The Economic Development Committee consists of three, plus one alternate, City Council member. Step 6: City Council: The City Council meets the 2nd and 4th Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. A public hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Community Development Department, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: Signature of Petitioner United City of Yorkville Planned Unit Development Application Revised: 7/15/08 26 cl?. . United City of Yorkville 800 Game Farm Road Es _ 1B36 Yorkville, Illinois 60560 o Telephone : 630-553-4350 .? Fax: 630-553-7575 PC # APPLICATION & PETITION Please Check One: Preliminary Plan Final Plat Development Name: Date of Submission: 1 . Name of Petitioner(s): Address: Phone Number: Fax Number: Email Address: 2. a). Street address and physical location of subject property: b). Legal description of property; attach as Exhibit "A". c). Total Acreage: 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: Address: Phone Number: Fax Number: Email Address: United City of Yorkville Preliminary/Final Plat Application Revised:_ 7/15/2008 27 Continued — 3 . Contact Information Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: 4. Submit the following to the Community Development Department 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 Community Development Department 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. United City of Yorkville Preliminary/Final Plat Application Revised:_ 7/1512008 2s 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 day of 200 Notary Seal THIS APPLICATION MUST BE NOTARIZED. United City of Yorkville Preliminary/Final Plat Application Revised:_ 7/15/2008 29 PRELIMINARY PLAN/FINAL PLAT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Community Development Department 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 . Preliminary Plan Fee - $500/Final Plat Fee - $500 a. Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. b. Engineering Review Deposit - up to 1 acre = $ 1 ,000; over 1 acre but not over 10 = $2,00 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $ 10,000 over 100 acres = $20,000 c. Deposit for Outside Consultants - under 2 acres = $ 1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated Step 2: Plan Council: The Plan Council meets the 2nd and 4th Thursday of the month at 9:00 a.m. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Representative, Public Works Director, Executive Director of Parks and Recreation, Fire Department Representative, and Police Chief. Step 3: For Preliminary Plans only; Park Board planning meeting: The Park Board makes recommendations on any Park Sites included in the development. The Park Board Planning Meeting is the 4th Thursday of each month at 7:00 p.m. at the Riverfront Building, 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a United City of Yorkville Preliminary/Final Plat Application Revised:_ 7/15/2008 30 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. Step 5: The project will be discussed in an informal atmosphere at the Economic Development Committee meeting, held the first Tuesday of each month at 7 P.M. in the City Council chambers. This session is to discuss and consider recommendations of prior committee meetings. Step 6: 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. If this project has included an annexation and/or zoning petition, a Public Hearing will be held at this time with notice given by publication. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Prior to the recording of the final plat, the petitioner must pay the Administration Fee. This is equal to 1 .25% of the approved engineer' s estimate of construction costs of land improvements, including but not limited to all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by the homeowner's associations such as private storm sewer, parking areas, and trails. Step 8: Final Plat recording instructions: Once the final plat is approved by the City Council and all required documents, bonds, and letters of credit are submitted to the City, the final plat may be recorded with Kendall County. Submit the final plat mylar to the Deputy Clerk for signatures. When all City signatures are in place, the developer or his surveyor may take the mylar to the Kendall County Clerk for his signature. The next step is to have six paper prints made and return to the Kendall County Recorder's office for recording. Kendall County requires the mylar and four paper copies. The City of Yorkville requires that you submit two recorded paper copies to the Deputy Clerk. Any copies you may require would be in addition to these. 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 (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date Signature of Petitioner United City of Yorkville Preliminary/Final Plat Application Revised:- 7/15/2008 31 CHECK LIST FOR PRELIMINARY PLANS SECTION I : WRITTEN DOCUMENTS 1 . A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan — B. A time schedule of the proposed development of the area covered by such preliminary plan — C. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the plan, including the specific section of the Ordinance. — 2. A boundary survey of the area covered by such preliminary plan, prepared and certified by a registered Illinois surveyor. — SECTION 2: GENERAL PLAN INFORMATION 1 . A rendered outline of the area covered by such preliminary plan drawn at a scale of not less than I inch equals 100 feet. 2. The plan must contain the following information: A. Scale B. North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer — F. Current zoning of the property — G. All categories of proposed land use — 3 . The following information regarding contiguous property: A. Location of contiguous property — B. Zoning of contiguous property — C. Land use of contiguous property — 4. The following site data provided in the lower right corner: A. Size of property in square feet or acres B. Square footage and percent of site coverage with buildings — C. Square footage and percent of site coverage with pavement — D. Number of parking spaces to be provided E. Number of parking spaces required by zoning ordinance — F. Number of proposed buildings/dwelling units/lots — SECTION 3 � PLAN DATA REQUIREMENTS 1 . A site location map. 2. Dimensions of the property. 3. A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not less than one inch equals one hundred feet. 4. A detailed plan for the treatment of any proposed storm water detention or retention facilities. 5. Existing or proposed public roads, streets, and alleys, including classifications, width of right-of-way and paved surfaces, and existing and proposed sidewalks. 6. Dimensioned building setbacks, and as applicable; areas for off-street parking, trucking maneuvering and service, and open space/recreational facilities. 7. A schematic of existing or proposed public utility systems, including the size of sanitary sewers, storm water lines, & streetlights. 8. Existing vegetation and plantings. 9. Any other information required by the City, to clearly show the proposed site plan elements. United City of Yorkville Preliminary/Final Plat Application Revised:_ 7/15/2008 32 CHECK LIST FOR FINAL PLANS SECTION 1 : WRITTEN DOCUMENTS 1 . A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan. B. A development schedule, indicating the approximate dates for construction of the Final Plan. C. Petitioners proposed covenants, restrictions, and conditions to be established as part of the Final Plan. D. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the Final Plan, including the specifics of the Ordinance. SECTION 2: GENERAL PLAN INFORMATION 1 . Must be drawn to accurate engineering scale. 2. Must contain the following information: A. Scale — B. North Arrow C. Original and revised dates — D. Name and address of owner of record — E. Name and address of site plan designer — 3. The following information regarding contiguous property: A. Location of contiguous property — B. Zoning of contiguous property C. Land use of contiguous property 4. Site data to be provided in lower right hand comer: A. Legal Description B. Size of property in square feet and acres — C. Current Zoning — D. Square footage & percent of site coverage with buildings E. Square footage & percent of site coverage with pavement — F. Square footage & percent of site coverage with landscaping — G. Number of parking spaces required by zoning ordinance — H. Number of parking spaces to be provided — I. Number of buildings J. Number of dwelling units K. Breakdown of dwelling unit bedroom types 5. Landscape data to be provided in lower left hand corner: A. Number of plantings by type — B. Size of plantings at installation — C. On-center spacing for hedges (Should be 3 feet apart) D. Caliper size of all trees at installation — United City of Yorkville Preliminary/Final Plat Application Revised:_ 7/15/2008 33 CHECK LIST FOR FINAL PLANS CONTINUED SECTION I PLAN DATA REQUIREMENTS 1 . Dimensions of property. 2. Existing and proposed public and private streets, right-of-ways, driveways, all principal and accessory buildings and their uses, dimensioned building setbacks, lot sizes, sidewalks, off-street parking, service areas, open spaces, and recreation facilities. 3. Preliminary architectural plans for all residential buildings, in sufficient detail to show basic building plan. 4. The existing and proposed vehicular and pedestrian circulation systems, indicating their inter-relationship and proposed treatments of points of conflict. 5. Existing and proposed utility systems, including sanitary sewers, water, electric, gas, telephone, and cable television lines, including their sizes. 6. Proposed public and private lighting systems. 7. Existing and proposed casements for utility services. 8. Proposed signage, indicating location and size. 9. Existing vegetation and plantings. 10. Proposed berming and fencing. 11 . The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open space, public parks, recreational areas, school sites, and similar semi-public uses. 12. Any other information necessary to clearly show the proposed site plan elements. United City of Yorkville Preliminary/Final Plat Application Revised:_ 7/15/2008 Project Number: 34 =`�6v crpi,� 800 Game Farm Road NON-RESIDENTIAL Yorkville,Illinois 60560 -z�--- Phone(630)553-8545 SITE PLAN APPLICATION o X d Fax(630)553-3436 iE tyre Date Received: APPLICANT/PRIMARY PROJECT CONTACT Name: Daytime Phone: ) - Address: Street Address City State Zip Code Email Address: OWNER OF PROPERTY Name: Daytime Phone: ( ) Address: Street Address City State Zip Code PROJECT PROFESSIONALS Name Street Address Phone Fax Ci /State/Zi Architect l I Engineer ( ) General Contractor ( ) Landscape Architect ( l SITE INFORMATION Project Name: PIN Address/Location: Street Address or nearest cross street Acreage: Zoning District: Lot#: This submittal includes the following(check all This submittal requires the following outside that apply): agency review/approval(check all that apply): Y n/a Y n/a ❑ ❑ Geometric Plan(5 copies) ❑ ❑ [DOT ❑ ❑ Landscape Plan(3 copies) ❑ ❑ Yorkville-Bristol Sanitary District • ❑ Signage Details/Plan(2 copies) ❑ ❑ EPA • ❑ Utility and Stormwater Plan/Details ❑ ❑ Kendall County (1 copy) ❑ ❑ Other ❑ ❑ Traffic Study(1 copy) ❑ ❑ Photometric Plan(1 copy) Plan Review Fee: `CEO cirr T NON-RESIDENTIAL SITE PLAN 35 SUBMITTAL REQUIREMENTS CHECKLIST ❑ Geometric Plan (5 copies) ❑ Landscape Plan (3 copies) ❑ Signage Details/Plan (2 copies) ❑ Utility and Stormwater Plan/Details (1 copy) ❑ Traffic Study (1 copy) ❑ Photometric Plan (1 copy) Outside Agency Permits (as applicable) ❑ An IDOT highway permit (if applicable) ❑ Yorkville-Bristol Sanitary District approval Please forward the plan to Walter E. Deuchler Associates to review on behalf of the Yorkville-Bristol Sanitary District. Include sewage generation calculations. ❑ Illinois EPA water and sewer permits (if applicable) ❑ Bristol-Kendall Fire Protection District approval ❑ Kendall County permit/approval (if applicable) Geometric Plan ❑ Project name; ❑ Original and revised dates; ❑ North arrow; ❑ Scale; ❑ Name and address of owner of record; ❑ Name and address of site plan designer; ❑ The present zoning of the subject property and all adjacent properties; ❑ Dimensions of property; ❑ Size of property in square feet and acres; ❑ Square footage & percent of site coverage with buildings; ❑ Square footage & percent of site coverage with pavement; ❑ Square footage & percent of site coverage with landscaping; ❑ All existing and proposed public and private right-of-ways and streets; ❑ Location and purpose of any existing easements; ❑ Existing and proposed finished topography of the subject property shown by contours with intervals not to exceed 1 foot; ❑ Location and height of existing and proposed structures on the property with each existing and proposed use noted; \,QED C/TY NON-RESIDENTIAL SITE PLAN 36 SUBMITTAL REQUIREMENTS CHECKLIST ❑ Architectural information including the location of main doors and overhead doors and the height of all structures noted. ❑ Location and arrangement of all common open space areas and recreational facilities (if applicable); ❑ Location of all off-street parking, loading and/or unloading and driveway areas; • Number of parking spaces required by zoning ordinance; • Number of parking spaces provided; • Width, and depth of parking stalls, including disabled stalls; • Driveway width; • Traffic flow areas for one way traffic; • Angle of parking used; ❑ The existing and proposed vehicular and pedestrian circulation systems, indicating their inter-relationship and proposed treatments of points of conflict. Circulation system details that include the following: • Pedestrian walkways, including alignment, grades, type of surfacing, and width; • Streets and driveways including alignment, grades, type of surfacing, width of pavement, and right-of-way and whether public or private; ❑ Location of all above ground and underground storage tanks; ❑ Location of dumpsters and enclosure structure; ❑ Location of outdoor storage areas. Landscape Plan ❑ Plan should be superimposed upon the Plat of Survey and include any easements; ❑ Landscape elements as required by the Landscape Ordinance; • Locations of all material by type; • Plant schedule including: • Number of plantings by type; ■ Size of plantings at installation; • On-center spacing for hedges (should be 3 feet apart); Caliper size of all trees at installation; ❑ All buffer yard dimensioned. NON-RESIDENTIAL SITE PLAN 3' tam SUBMITTAL REQUIREMENTS CHECKLIST Si2nage Plan ❑ Plan should be superimposed upon the Plat of Survey and include any easements; ❑ Location, orientation, lighting, materials, size, and height of signs; ❑ Dimensions from sign(s) to all property lines. Utility and Storm Water Plan ❑ Location of all existing and proposed utility lines and easements (each line should be labeled existing or proposed); ❑ Water distribution systems, including line size, width of easements, type of pipe, location of hydrants and valves, and other appurtenances; ❑ Sanitary sewer system, including pipe sizes, width of easements, gradients, types of pipes, invert elevations, location and type of manholes, the location, type, size of all lift or pumping stations, capacity, and process of any necessary treatment facilities, and other appurtenances; ❑ Storm sewer and natural drainage system, including pipe and culvert sizes, gradients, location of open drainage courses, width of easements, location and size of inlets and catch basins, location and size of detention or retention and/or sedimentation basins; ❑ Other utilities (e.g., electric, telephone, etc.) including the type of service and the width of easements, if information is available; Traffic Study ❑ Each applicant shall be required to submit traffic information estimating at minimum peak hour traffic entering and exiting the site under review. When appropriate, a Traffic Impact Assessment may be required to be submitted for review by the City Engineer; Photometric Plan ❑ Proposed public and private lighting system including a photometric plan with veiling luminance statistics. The ratio of maximum veiling luminance to average pavement luminance should not be more than 0.3 : 1 . The lighting intensity at the property line shall be zero foot candles. The average foot candles shall be 2-2.5 . \CEO c rr '2 „a NON—RESIDENTIAL SITE PLAN 38 9 � � SUBMITTAL REQUIREMENTS CHECKLIST (E � NOTES: A stamp or seal of an Illinois registered professional engineer, architect, landscape architect or land surveyor is required for all plans submitted for review (the scope of work performed by such professionals in conjunction with a site plan submission is limited to that permitted by their respective licensing authorities); Corrections or comments on the Site Plan submittal do not relieve the petitioner from compliance with all applicable City Ordinances or Statutes. Compliance with all said ordinances and statutes is required prior to issuance of any occupancy permit or acceptance of any improvements unless specifically agreed to in writing by the United City of Yorkville. 39 O ciry � United City of Yorkville 800 Game Farm Road EST ' _ 1888 Yorkville, Illinois 60560 Telellhone : 630-553 -4350 9 .? CFax: 630-553-3436 ZBA # APPLICATION VARIANCE REQUEST Date of Submission: 1 . Name of Petitioner(s): Address: Phone Number: Fax Number: Email Address: 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: 4. a. Street address and physical location of subject property: b. Proposed name of subdivision (if any): c. Legal description of property for which zoning variance is sought: (If more space is needed, attach as "Exhibit A".) d. Kendall County Parcel Number(s) of property for which variance is sought: United City of Yorkville Variance Request Application Revised: 07/15/2008 40 5 . Names and addresses of any adjoining or contiguous landowners and property owners within 500 feet of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as "Exhibit B".) 6. State the variance requested and the City ordinance including the section numbers to be varied: 7. Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Address: Phone Number: Fax Number: Email Address: 8. Submit application with a filing fee in the amount of $85.00. 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. 9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and any other pertinent materials, and one CD containing electronic copies (pdf) of each of the application (complete with exhibits), drawings, map, and site plan to the Community Development Department. Large items must be folded to fit in a 10" x 13" envelope. United City of Yorkville Variance Request Application Revised: 07/15/2008 41 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: Petitioner(s) (Legal property owner's signature must appear on this application.) Subscribed and sworn before me this day of , 200 Notary Public Notary Stamp THIS APPLICATION MUST BE NOTARIZED. United City of Yorkville Variance Request Application Revised: 07/15/2008 42 VARIANCE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees and all pertinent materials to the Community Development Department. Upon receipt the variance request will be forwarded to the Zoning Official for review and to coordinate setting a meeting date for the public hearing in front of the Zoning Board of Appeals. Note: You must present your request at each of the meetings below as indicated. Step 2: Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis, the 1 st Wednesday of the month at 7 P.M., in the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals consists of 7 members appointed by the Mayor. A public hearing will be held at this time for the variance 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 ft.of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. Prior to the public hearing, a certified affidavit must be filed by the petitioner with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 3: City Council: The City Council meets the 2nd and 4th fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This session considers recommendations of the Zoning Official and Zoning Board of Appeals. This is where all City Council voting takes place. 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 Community Development Department, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: United City of Yorkville Variance Request Application Revised: 07/15/2008 43 United City of Yorkville °^ 800 Game Farm Road EST 1 1036 Yorkville, Illinois 60560 Telephone : 630-553-4350 .� Fax: 630-553-3436 <CE wy PC # APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: Date of Submission: Requesting: [] Annexation [] Zoning [] Planned Unit Development [] Special Use: 1 . Name of Petitioner(s): Address: Phone Number: Fax Number: Email Address: Relationship of Petitioner(s) to subject property: [] Owner [] Developer [] Contract Purchaser 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: 3. a). (i). Street address and physical location of subject property: (ii). Zoning of surrounding parcels: North: South: East: West: b). Legal description of property; attach as Exhibit "A". c). Total Acreage: d). Kendall County Parcel Number(s) of property: e). Current Zoning Classification: f). Zoning Classification Requested: United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7.15,2008 44 g). Is this property within City limits? 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: 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: 7. Does a flood plain exist on the subject property? 8. Do Electors reside on the subject property? If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Address: Phone Number: Fax Number: Email Address: Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7.15.2008 45 10. Submit the following to the Community Development Department 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 Community Development Department for verification of this amount.) c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) legal description, and site plan. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: Petitioner(s) Signature: (All legal property owners' signatures must appear on this application .) Subscribed and sworn to before me this day of 200 Notary Seal THIS APPLICATION MUST BE NOTARIZED. United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7.75.2008 46 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 Community Development Department 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 = $102000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4th Thursday of the month at 9:00 a.m. in the City Conference Room. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Representative, Public Works Director, Director of Parks and Recreation, Fire Department Representative, 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 4th Thursday of each month at 7:00 p. m. at the Parks and Recreation Office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7. 15.2008 47 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 ft.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 Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. Step 6 - Economic Development Committee: The Economic Development Committee meets the 1 st 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 where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council: A public hearing is required for annexation or PUD agreements. The City Council meets the 2" or 4th Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A public hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Step 7: City Council: The City Council meets the 2ntl and 4th Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. 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 Community Development Department, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: Signature of Petitioner United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7. 15.2008 ,SO'D C►p Reviewed By: Agenda Item Number d"' Legal El E5r 1836 Finance ❑ Engineer El--�--� Tracking Number City Administrator ❑ �v Consultant ❑ EDC 2008- �LE �'� F-1 Agenda Item Summary Memo Title: CMAP—2040 Regional Plan Indicators Workshop—Update Meeting and Date: EDC /August 5, 2008 Synopsis: For your reference/information Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: none Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Staff attended a workshop hosted by CMAP at Yorkville City Hall Tuesday July 29, 2008. The attached flyer explains the Regional Indicators Project which workshop participants were able to provide input to at the workshop. As the 2040 Regional Plan process proceeds, there will be more information and opportunities for Yorkville input. 4 s�• GO TO Imagine that... www.GOT02040.arg 0 / Chicago Metropolitan 1 l 0 Agency for Planning Get on board for the Regional Indicators Project The Regional Indicators Project is part of CMAP's innovative GO TO 2040 comprehensive planning campaign. In order to develop and evaluate strategies for implementing the GO TO 2040 Regional Vision, CMAP is collaborating with The Chicago Community Trust to create indicators for predicting and measuring economic, environmental, social, and cultural variables that affect quality of life. An indicator is a quantitative measure that describes an economic, environmental, social or cultural condition over time. Examples include: the unemployment rate, infant mortality rates, number of new business start-ups, or air quality indexes. GO TO 2040 Indicators Factsheet Identification of Key Indicators Dashboards for Decision Makers The overall purpose ofthe Regional Indicators development.This extensive indicator"wish list" In addition to the pivotal role it will play in the Project is to track progress toward achieving the will be reviewed and refined based on input from development of the GO TO 2040 Plan,the GO TO 2040 Regional Vision.As such,indicators indicator workshops for stakeholders and comprehensive indicators system will be made are divided into the major themes identified in the decision-makers throughout the region. available into a publicly-accessible tool for Regional Vision,with equity,sustainabllity,and GO TO 204/0 Scenario Evaluation regional decision-makers.Utilizing a user-friendly innovation woven throughout.Ultimately,the Following the indicators selection,the centerpiece web interface,users will be able to create a Regional Indicators Project will consist of go key of the GO TO 2040 campaign will be a scenario personalized"dashboard"of indicators most indicators used for tracking purposes. evaluation process.The scenario selection will important to them.Like gauges on a car Considerable time has been devoted to depend on a reliable method that uses Indicators dashboard,these indicators will be based on identifying indicators.CMAP contracted with to judge the effectiveness of different policies or real-time data that can be viewed with the click of Independent firms to investigate and evaluate investments relative to the regional vision. a mouse.There will also be tools to map,tabulate, existing datasets to determine which will be most For example,because a strong economy is and analyze them for different geographic scales useful for measuring indicators.CMAP's working important to our future,CMAP and its partners —whether region-wide,or locally specific. committees identified potential indicators for their will develop indicators that measure economic In addition to getting regional stakeholder topic areas,including transportation,land use, feedback on the indicators for the Plan,the P g p performance,such as unemployment rates or new - environment and natural resources,freight, business start-ups. workshops will provide an opportunity forthese housing,human services,and economic potential users to weigh in on which indicators will be mostvaluable to them on a dashboard. Regional Indicators Project CMAP is working in partnership with the Chicago Community Trust to measure our progress toward achieving the Regional Vision for 2040. l!i: li. DATA WAREHOUSE TRACKING PROGRESS SCENARIO DEVELOPMENT 2008 /NO(CATOnS� t •, r r 11 f J Inventory of datasets with any relevance 1)Periodic progress reports CMAP will model the Impacts that each scenario to regional planning&metedata 2j User-friendly web interface with has o,n a sefies of indicators. (source information) data tabulation,analysis and Y Products:1-5 Bundles of Regional Planning Products:Internet Data I Query Tool mapping capabilities Strategies End Users:CMAP I External partners Products:Reports I Indicators I Website End Users:General public selects the scenario End Users:General public Indicator Selection Considerations for GO TO 2040 Importance:The indicator measures an Validity:Ifthe indicator's trend line Clarity.The indicator uses clear measures Asset Orientation:Where possible,the aspect ofthe region's vision which most moves either upward or downward,most that filter out extraneous factors(e.g., Indicator measures a positive aspect of people would agree is important. people would agree on whether the dollar Indicators are reported in deflated, the region's quality of life(community's Policy Relevance:The indicator measures region is improving or declining. constant dollars;per-person rates are assets rather than its liabilities),so that an aspect ofthe region's vision which can Understandability:The indicator used where appropriate to factor out an increase In the indicator's trend line achieve positive change through public measures an aspect ofthe region's vision population growth;and raw numbers reveals community improvement(e.g., decision-making and policies at the in a way that most citizens can easily are used where total magnitudes are the high-school graduation rate rather regional,county or municipal level. understand and interpret,in relation to Important). than the dropout rate). Responsiveness:The indicator responds their own lives. Outcome Orientation:Where possible,the Anticipation:The indicator anticipates relatively quickly and noticeably to real Representativeness:Taken together,the Indicator measures a regional outcome future quality of life conditions rather changes in the region,as revealed by indicator set,and the indicators within —the actual condition ofthe vision(e.g,, than reacting to past trends.A"leading" changes In the direction or slope ofthe each vision theme,coverall the major the crime rate),Alternatively,it measures Indicalnr(e.g.,cigarettes sold)is more Indicator's trend line. dimensions ofthe region's quality of life. an outcome ofthe region's response to useful than a"lagging"Indicator(e.g., an issue(e.g.,police response rime), Lung-cancer deaths)because it allows ratherthan the input ofthe response proactive community response. Itself(e.g.,number of police officers). Get on board for , Chicago Metropolitan the Regional Indicators Project � Agency for Planning " 233 S.Wacker Drive,Suite 800 For more information on the Regional Indicators Project and what it can do,check out Chicago,IL 60606 GO TO www.goloaogo.org/indicators. www.cmap.illinois.gov voice 312-454-0400 tm"vmethot.. FY08-0007 fax 312-454-0411 www.GOr02o4o.um l.Sfa� co, Reviewed By: Agenda Item Number 0-0 Legal E5r 1836 Finance ❑ Engineer ■ --�--� Tracking Number City Administrator ❑ �v Consultant ❑ EDC 2008-21 LE Agenda Item Summary Memo Title: Pulte (Autumn Creek Subdivision)Water Main Recovery and Sanitary Sewer Recapture Agreements Meeting and Date: EDC/August 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 Memorandum 0 To: EDC Esr. lz _ _ leas From: Travis Miller CC: Lisa Pickering(for distribution) 09 Date: May 29,2008 o��ae O Subject: Autumn Creek Subdivision—Water Main and Sanitary Sewer LI.E �v Recanture/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 $2,280 • 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 Hamman 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 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") F. 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 Costs are as follows: Work Item ulte Costs Engineering $4,625.00 Crops $1,425.00 Silt Fence $4,025.00 Construction 1 $182,568.70 Total $192,643.70 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%reduction for Water Connection Fees, due and payable to PULTE at time of building permit payment for units in Autumn Creek subdivision. The 50%reduction will be in the amount of$1,330 for single family detached units and$1,140 for attached units. Accumulation of credits to be applied to reimbursement of recovery costs will commence at the date of this Agreement and continue until Pulte has received fee reductions in 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 reductions, and PULTE agrees to hold the CITY, its officers, employees and agents, harmless from the failure to reduce 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 I 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: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, 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/acknowledgement Note: this letter should state "MPI hereby agrees that the foregoing fee reduction to PULTE for purposes of reimbursing PULTE for the improvements made to the offsite water main is in lieu of the City's obligation to MPI to construct same offsite water main which was not constructed by MPI as originally contemplated pursuant to MPI Agreement." Autumn Creek Sanitary Sewer Interceptor Improvement RECAPTURE AGREEMENT THIS RECAPTURE/RECOVERY AGREEMENT ("Agreement"), is made and entered as of the day of , 200_9 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 ulte Costs Engineering $29,793.00 Crops $4,930.00 Silt Fence/Straw Bales $8,925.00 Soil Borings $8,615.25 Sanitary Sewer I ntercepor $639,447.02 Totals 1 $691,710.27 2. BENEFITED 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: roperty Area E Remarks Cost 10 PE/acre minus 40 acre Hamman Property 181 1410 pond $379,720.26 Reck Property 10 7 2 SF Homes $1,885.14 Grande Reserve 165 966 276 SF Lots $260,148.77 County Residential 46 185.5 53 SF Lots $49,956.10 Totals 1 402 1 2568.5 1 $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. Interest shall accrue on the Recapture Costs for the benefit of Developer at a rate of four percent(4%) simple interest per annum from the date the Recapture Agreement is recorded until the term stated in Section 8 of this Agreement expires. 4. COLLECTION OF RECAPTURE COSTS. a. Reck Property and Grande Reserve: The CITY shall assess against and collect from the Benefited OWNER of the Reck Property and Grande Reserve, or any portion thereof, or such 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 for each lot within the Autumn Creek Subdivision commencing at the date of this Agreement as reimbursement for that portion of the recapture cost attributable to the Hamman property and advanced by PULTE. 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. 8. 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 further 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 Effect: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 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