Loading...
Plan Commission Packet 2008 12-10-08 ejr o United City of Yorkville ' % 800 Game Farm Road Esr. 1 1836 Yorkville, Illinois 60560 Telephone : 630-553 -4350 Fax: 630-553-7575 <CE PLAN COMMISSION AGENDA Wednesday, December 10, 2008 City Council Chambers 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous Meeting Minutes: November 12, 2008 --------------------------------------------------------------------------------------------------------------------- New Business: Requested by Petitioners 1 . PC 2008-28 Daniel A. Laniosz, petitioner, has filed an application with the United City of Yorkville, requesting an amendment to an annexation agreement. The real property consists of 3 . 127 acres, located at 803 W. Stagecoach Trail, Yorkville, Illinois, 60560. Action Items i. Site Plan Amendment — Annexation Agreement Old Business: 1 . PC 2008-25 United City of Yorkville, Kendall County, Illinois, is considering amending Section 10- 11 -3A of the Yorkville Zoning Ordinance to incorporate time limitations for parking certain types of vehicles within the business and manufacturing districts. Action Items i. Amend Zoning Ordinance Section 10-11 -3A Adjournment Page 1 of 4FT UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, November 12, 2008 7:00pm Chairman Anne Lucietto called the meeting to order at 7:00pm. Roll Call: Charles Kraupner Jack Jones Jeff Baker Clarence Holdiman Anne Lucietto Mike Crouch (arr. 7:35pm) Absent: Sandra Adams, Brian Schillinger, Tom Lindblom Other City Staff: Travis Miller, Community Development Director Joe Besco, City Council Liaison Stephanie Boettcher Charles Wunder Guests: Lynn Dubajic, YEDC Matt Schury, Kendall County Record Lynette Neal, DepoCourt John Paravola Richard Scheffrahn Andrew Kolb, Attorney Dave Schmelzle Minutes : September 10, 2008: Approved unanimously on a motion by Baker and second by Holdiman. October 8, 2008: Approved unanimously on a motion by Holdiman and second by Baker. Both approved on voice vote Chairman Lucietto swore in those who would be speaking during the Public Hearings. Public Hearings : 1 , PC 2008-22 G. B. Illinois 2, petitioner, filed an application requesting a special use for a drive through facility. The property is located on Lot 5 of the Cobblestone Subdivision and consists of 2.33 acres. It is located at the southeast corner of Rte. 34 and Eldamain Rd. On a motion and second by Holdiman and Jones respectively, the Public Hearing was opened and approved by voice vote. Attorney Andrew Kolb was present on behalf of CVS Pharmacy. 2 of 4 (See Court Reporter 's transcript of Public Hearing) At the conclusion of the testimony, a motion was made by Jones and Holdiman respectively, to close the Public Hearing. Motion passed on voice vote. Discussion: Attorney Kolb noted that there would be no direct access and customers must enter off a loop road. Travis Miller presented a brief staff report and said that signage variances will go before the Zoning Board of Appeals. Action Item 1. Special Use Baker moved and Holdiman seconded the motion to approve the special use requested in PC 2008-22, subject to staff comments. Roll call vote: Jones-aye; Baker-aye; Holdiman-aye; Kraupner-aye; Lucietto-aye. Unanimous approval. 2. PC 2008-23 Full House Ventures, petitioner, filed an application requesting a Section 10-7B-8, Special Use: Single Family Apartments in Business Buildings. The property consists of approximately .17 acres and is located at 125 W. Hydraulic St. The Hearing was opened on a motion and second by Jones and Holdiman, respectively. Vote voice approved motion. John Paravola and his wife own the property and requested to put two apartments in the lower floor of the building since they had not been successful in leasing the space to businesses. (See Court Reporter 's Transcript) Following testimony, the Hearing was closed on a motion by Holdiman and second by Jones. Unanimous voice vote. Discussion: Travis presented staff comments and said the request is to allow special use for residential units in a business building. One enclosed parking space is required by ordinance, for each multi-family unit, which this property does not provide due to physical limitations. The petitioner is seeking variance relief for this. Second, the ordinance allows for only 2 residential units for each business unit. In the staff comments, it was noted that the Plan Council recommended a 3-year term on the residential units. The Commissioners discussed whether it should be 2 or 3 years. Page 3 of 4 In another recommendation, the staff asked that the petitioner to consider donating two trees to the City. This is due to the landscape ordinance that requires one tree on the property when a special use is requested. Because of limited space and safety concerns, the tree donation was suggested and agreed upon by the Commissioners. To clarify his request, Mr. Paravola said that one business and two apartments would be housed in the building. And he added that there is only 4 feet behind the building—not enough room for parking. Baker commented that at one time (in 1993), no apartments were allowed in B-3 zoning, but that was later changed. He said he preferred not to have apartments on the lower floor with a business on the top floor. (Commissioner Crouch arrived at this point [7:35pm]) Action Item 1 . Special Use Kraupner made a motion to approve PC 2008-23 Special Use subject to staff comments. The motion was seconded by Holdiman. Roll call vote: Kraupner-aye; Holdiman-aye; Baker-nay; Jones-nay; Lucietto-aye. Motion passed 3-2 3, PC 2008-25 City is considering amending Section 10-11-3A of the Zoning Ordinance to incorporate time limitations for parking certain types of vehicles within the business and manufacturing districts. A motion was made by Jones and seconded by Holdiman to open the Hearing. Approved on a voice vote. Travis Miller explained this is a text amendment to the ordinance to include a specific time period whereby commercial vehicles can be parked at business locations. This matter resulted from a complaint. The proposed time limit is 24 hours. (See Court Reporter 's transcript) After the explanation from Miller, a motion was made and seconded by Jones and Kraupner, respectively, to close the Hearing. Voice vote approval. Discussion Some of the discussion included: 1 . What happens to delivery vehicles? 2. Vehicles would be permitted to be parked at car repair businesses longer than 24 hours 3 . Issue of parking longer than 24 hours is a safety and aesthetic issue. 4. Policy too open-ended. 5 . Trucks parking overnight not governed by the 24-hour rule. 6. If on private property, police can't enforce unless complaint by property owner. 7. Property owner may be difficult to reach Page 4 of 4 It was decided that more research is needed, so a motion was made and seconded by Jones and Crouch, respectively, to table this issue. Approved on a unanimous voice vote. This matter will come back to Plan Commission in December. Additional Business: 1 . Mining ordinance draft and discussion Travis stated that there are no mining petitions at this time, however, the current ordinance is vague. Charles Wunder obtained information from nearby communities and shared this with the committee members. He found that Kendall County has extensive regulations. Travis added that the County has a planning area of 75 square miles much of which is not incorporated At the request of the committee, Miller will draft text and schedule a Public Hearing by December. Chairman Lucietto noted that in 2009, this committee will meet at the Library due to a scheduling conflict. Commissioners were asked to pick up a copy of the approved Comprehensive Plan. Ms. Lucietto recently went before the City Council and recommendations were made and were separated from the rest of the plan. In six months, those will be reviewed by the Plan Commission. Planning Consortium will be held the 20"' at the Oswego Village Hall at 7pm. "Green" topics will be discussed. On November 13`h at 7pm, a zoning ordinance review will be started. It will be held at City Hall. Lynn Dubajic announced that the new animal hospital on south Rt. 47 will open November 131h. There was no further business and a motion was made and seconded by Crouch and Kraupner to adjourn the meeting. Adjourned at 8 : 10pm. Minutes respectfully submitted by Marlys Young, Minute Taker UNITED CITY OF YORKVILLE , ILLINOIS MEETING OF THE PLAN COMMISSION REPORT OF PROCEEDINGS taken at the meeting of the Yorkville Plan Commission for the United City of Yorkville , taken on November 12 , 2008 , at the hour of 7 : 00 p . m . , before Lynette J . Neal , C . S . R . , at 800 Game Farm Road , Yorkville , Illinois . D - 861908 �01 REPO • COURT reporting service DU PAGE COUNTY KANE COUNTY 1212 S. Naper Blvd., Ste. 119- 185 630-983-0030 • Fax 630-907-9710 1051 Ketel Ave. Naperville, IL 60540 Email: depocouri@comcast.net North Aurora, It 60542 2 1 PRESENT : 2 MS . ANNE LUCIETTO , Chairman , 3 MR . JEFF BAKER , 4 MR . MICHAEL CROUCH , 5 MR . CHARLES KRAUPNER , 6 MR . JACK JONES , 7 MR . TRAVIS MILLER , 8 MR . CLARENCE HOLDIMAN , 9 MS . MARLYS YOUNG . 10 _ _ - 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service ( 630 ) 983 - 0030 3 1 CHAIRMAN LUCIETTO : We have three public 2 hearings on our agenda this evening and what we 3 are going to do is take each one separately and 4 actually do the action on them , like we normally 07 : 04PM 5 do . I am explaining it for those of you who 6 haven ' t been here before . 7 Prior to that I ask that anyone who 8 will speak for any of the three , I will swear you 9 in , because it is a public hearing for a legal 07 : 04PM 10 record . If you are going to speak , please stand 11 and I will ask you to repeat after me . 12 ( The witnesses were 13 thereupon duly sworn . ) 14 CHAIRMAN LUCIETTO : Thank you . First 07 : 04PM 15 public hearing that we have is PC 2008 - 22 , GB 16 Illinois , an Indiana Limited Liability Company . 17 I ' m not going to read the whole thing . I ' ll look 18 for a motion to open the public hearing . 19 MR . HOLDIMAN : So moved . 07 : 04PM 20 MR . BAKER : Second . 21 CHAIRMAN LUCIETTO : We have a motion and 22 a second . we are now in the public hearing for 23 PC 2008 - 22 . Please introduce yourself prior to 24 speaking . DepoCourt Reporting Service ( 630 ) 983 - 0030 4 1 MR . KOLB : Good evening , Commissioners . 2 My name is Andrew Kolb , K - o - 1 - b . I am an attorney 3 at the law firm of Bazos , Freeman , Kramer , 4 Schuster , Vanek & Kolb in Elgin , and we represent 07 : 05PM 5 Girsman , Brown & Crowley , the developer , and also 6 CVS Pharmacy . 7 We are very pleased to be here 8 tonight to present our CVS Pharmacy project . 9 Before we go any further , did I hear there was a 07 : o5PM 10 quorum established ? 11 CHAIRMAN LUCIETTO : Yes . 12 MR . KOLB : Okay . This particular 13 project , admittedly we are a bit out in front of 14 the underlying developer as far as time tables go , 07 : 05PM 15 so we appreciate you allowing to us continue on 16 with our zoning petitions . And we also have a 17 pending sign variance before the Zoning Board of 18 Appeals which is set for public hearing in early 19 December , so we appreciate you accommodating us 07 : 06PM 20 and allowing us to continue to move forward while 21 we work out the underlying issues with the 22 underlying property owner . 23 We are very excited about this 24 project . CVS is extremely excited about it . It DepoCourt Reporting Service ( 630 ) 983 - 0030 5 1 is going - - potentially going on the 2 . 33 - - 2 2 . 33 - acre site that ' s located at the southeast 3 corner of Route 34 and Eldamain . It is Outlot 5 4 of the Cobblestone South development , and this 07 : o6PM 5 particular development hasn ' t really commenced yet 6 as far as any specific engineering or earth - moving 7 activities . You can drive out there and there is 8 not much development happening . We are obviously 9 going to be - - we anticipate being the first 07 : 06PM 10 retail development out there and we look forward 11 to being the anchor to get the rest of the 12 development going . 13 The site again is 2 . 33 acres and 14 the current underlying zoning classification for 07 : 07PM 15 this property is B - 3 service business district . 16 The property is owned by Cobblestone South , LLC , 17 whose manager I believe it Tim Tine . The 18 principal place of business of Cobblestone South 19 is 372 River Ridge Road in Elgin . CVS Pharmacy 07 : 07PM 20 proposes their new prototype , a 30 , 225 square - foot 21 prototype , very modern energy - efficient building , 22 and it is going to offer the typical pharmacy type 23 retail services , including pharmaceuticals , 24 grocery products , health care products , cosmetics , DepoCourt Reporting Service ( 630 ) 983 - 0030 6 1 cameras , camera supply , film processing services , 2 potentially alcoholic beverages in some limited 3 fashion permitted in accordance with your code and 4 whatever licenses or permits are required there , 07 : 07PM 5 and other products in rendering other services 6 customarily given by a full - service retailer , 7 pharmaceutical retailer , like CVS Pharmacy . 8 Your current zoning ordinance , like 9 I had mentioned before , is 13 - 3 service business 07 : 08PM 10 district . The special uses in your code under B - 3 11 incorporate B - 2 , and B - 2 incorporates B - 1 , and B - 1 12 incorporates 0 . In accordance with a recent 13 ordinance that you passed , 2008 dash 24 , a 14 drive - through facility will be added as a special 07 : 08PM 15 use under 0 , so in accordance with that ordinance , 16 2008 dash 24 , we are petitioning for this special 17 use for the drive - through facility to make it 18 valid . 19 Although the submission of 07 : o8PM 20 Cobblestone Corners in their planned unit 21 development agreement , or under their development 22 agreement , had some reference to a drive - through , 23 the corporate attorneys of CVS in Rhode Island 24 felt it prudent to nonetheless apply for this DepoCourt Reporting Service ( 630 ) 983 - 0030 7 1 special use even though there was some reference 2 to a drive - through in their submission just to 3 make it clear that we hadn ' t passed over any 4 issues and there be no issue after the fact 07 : 09PM 5 whatsoever that a drive - through is valid . So we 6 are happy to do it . 7 We met with staff earlier , I 8 believe it was towards the end of September , to 9 review our site plan . And the site plan was 07 : 09PM 10 revised a bit from what was originally submitted 11 in your packets . If I could , I would just read 12 into the record the submission materials that we 13 have submitted . We submitted your application on 14 your form . I already gave Travis Miller , the 07 : 09PM 15 community development director , the list of green 16 cards and joint properties owners to establish 17 notice so he has that as well as an affidavit 18 indicating that notice was properly sent out . 19 we have the application form that ' s 07 : 09PM 20 on the web site . I have an owner ' s consent form 21 signed by CVS Pharmacy . I have a certification of 22 the officers and members of CVS . I have the site 23 plan , which we submitted , and then I have a 24 vehicle stacking map . And even though the site DepoCourt Reporting Service ( 630 ) 983 - 0030 8 1 plan was modified through a subsequent submission , 2 I think the original vehicle stacking exhibit 3 still would apply because that portion of the site 4 plan really hadn ' t been modified . 07 : 1OPM 5 And , in addition , from reading your 6 comments in your memorandum , I would like to bring 7 out the fact that I do have a sign package here 8 for what we ' re proposing as signage . There was a 9 comment in your report indicating that you would 07 : 1OPM 10 like to see the connections of the signage from 11 the drive - through . And I can certainly can 12 circulate this sign package , although it is a 13 subject of a pending variance petition before the 14 zoning board , we haven ' t had a public hearing on 07 : 1 OPM 15 this , it is what we are proposing today . I have 16 only two or three of them , but I will pass it 17 around if you want to see this as far as the sign 18 package we are looking at . I can do that at any 19 time if you want or we can wait until that issue 07 : 1oPM 20 gets brought up . 21 So your ordinance requires that I 22 address a number of standards . Included in there 23 is a statement . Depending upon how indepth you 24 want to see those standards addressed , we can talk DepoCourt Reporting Service ( 630 ) 983 - 0030 9 1 about them or we can just refer to what I have 2 written . I tried to put a paragraph or two in the 3 application to address it , but the drive - through 4 is a tremendous convenience to people . It is in 07 : 11PM 5 our experience that patrons love to - - when they 6 pick up a pharmacy , if they have small children or 7 they ' re elderly or if it is cold , not to have to 8 get out of the vehicle . The drive - through has two 9 lanes for convenience so we never have a 07 : 11PM 10 significant wait . Unlike a bank drive - through or 11 a fast food drive - through where you would see 12 stacking considerably , maybe two or three cars , we 13 at CVS rarely see more than one or two cars at 14 once . In fact , we average maybe somewhere around o7 : 11pM 15 three an hour , even less at times , depending upon 16 volume . 17 There is potential to have more 18 there but it is in our experience that we 19 typically don ' t see more than at least what your 07 : 11PM 20 ordinance allows , so we think we have 21 accommodated - - vehicle traffic in the 22 drive - through meets your stacking requirements as 23 you indicated in your application . 24 So with that I think we can go DepoCourt Reporting Service ( 630 ) 983 - 0030 10 1 through the site plan and talk a little bit about 2 how the building is laid out , or if that ' s 3 self - explanatory , I can address any questions you 4 all have . 07 : 12PM 5 CHAIRMAN LUCIETTO : Anyone in the 6 audience have any questions for Andrew ? Not 7 hearing any , I entertain a motion to close the 8 public hearing . 9 MR . BAKER : So moved . 07 : 12PM 10 MR . KRAUPNER : Second . 11 CHAIRMAN LUCIETTO : All in favor say 12 aye ? 13 ( Chorus of ayes . ) 14 CHAIRMAN LUCIETTO : Not in favor , nay ? 07 : 12PM 15 ( No response . ) 16 CHAIRMAN LUCIETTO : The public hearing 17 is closed . 18 ( Whereupon a portion of the 19 hearing was had but not herein 07 : 12PM 20 transcribed . ) 21 CHAIRMAN LUCIETTO : The next item in our 22 public hearing is PC 2008 - 23 from Full House 23 Ventures . They are looking to build some family 24 apartments and business buildings . I entertain a DepoCourt Reporting Service ( 630 ) 983 - 0030 11 1 motion to open PC 2008 - 23 . 2 MR . JONES : So moved . 3 CHAIRMAN LUCIETTO : Do we have a second ? 4 MR . KRAUPNER : Second . 07 : 16PM 5 CHAIRMAN LUCIETTO : All in favor , say 6 aye ? 7 ( Chorus of ayes . ) 8 CHAIRMAN LUCIETTO : Opposed , nay ? 9 ( No response . ) 07 : 16PM 10 CHAIRMAN LUCIETTO : Please introduce 11 yourself for the record . 12 MR . CARVOLLA : Good evening . My name is 13 John Carvolla . My wife and I live at 145 West 14 Hydraulic , and what we are requesting is a special 07 : 17PM 15 use to put two apartments in the lower section of 16 the building . Currently there is four apartments 17 upstairs and three I guess you would call them 18 office spaces on the lower level . We have had 19 some trouble leasing those units out . 07 : 17PM 20 Bill Dettmer walked through them 21 last week and he agreed with us that a good use 22 would be apartments and we could bring them up to 23 code . We are asking just for a three - year special 24 use . We purchased the building two years ago DepoCourt Reporting Service ( 630 ) 983 - 0030 12 1 because of the B - 3 zoning . We realize the value 2 of that . We own our own business , a small pool 3 company . Again , we just had some tough luck down 4 there . It is kind of a unique spot , off the 07 : 17PM 5 beaten path , about a block off of 47 to the west 6 of Hydraulic . We have parking right in front , 7 but , again , it is kind of a tough location with 8 the vacancies and the commercial stuff down there . 9 Again , we are just requesting to 07 : 18PM 10 turn it to apartments , just two of the units , just 11 for three years . If we can lease them , you know , 12 before that to business , we would love to do that . 13 You know , in three years it would just go back to 14 B - 3 . 07 : 18PM 15 CHAIRMAN LUCIETTO : Anyone in the 16 audience have any questions ? Okay . 17 AUDIENCE MEMBER : I have a question . 18 After three - - 19 CHAIRMAN LUCIETTO : Excuse me , you 07 : 18PM 20 didn ' t swear in . I need to swear you in . I need 21 you to stand and raise your right hand and repeat 22 after me . 23 ( The witness was thereupon duly 24 sworn . ) DepoCourt Reporting Service ( 630 ) 983 - 0030 13 1 CHAIRMAN LUCIETTO : If you would kindly 2 state who you are and what your address is and 3 then you can start asking him questions . 4 AUDIENCE MEMBER : David Schmelsy . I 07 : 19PM 5 live at 207 State Street , about a block - and - a - half 6 south of the property . I was just curious if this 7 was approved , after three years what does it 8 revert back to ? 9 MR . CARVOLLA : Back to B - 3 , correct . 07 : 19PM 10 AUDIENCE MEMBER : For the business use . 11 MR . CARVOLLA : Yes , sir . 12 CHAIRMAN LUCIETTO : Okay . Any other 13 questions or comments ? Okay . Then I entertain a 14 motion to close the public hearing . 07 : 19PM 15 MR . HOLDIMAN : So moved . 16 MR . JONES : Second . 17 CHAIRMAN LUCIETTO : We have a motion and 18 a second . All in favor say aye ? 19 ( Chorus of ayes . ) 07 : 19PM 20 CHAIRMAN LUCIETTO : Not in favor , nay ? 21 ( No response . ) 22 ( Whereupon a portion of the 23 hearing was had but not herein 24 transcribed . ) DepoCourt Reporting Service ( 630 ) 983 - 0030 14 1 ( Mr . Crouch enters . ) 2 CHAIRMAN LUCIETTO : All right . We are 3 on PC 2008 - 25 . It is - - the City is looking for 4 an amendment to the zoning ordinance to 07 : 37PM 5 incorporate time limitations to park certain types 6 of vehicles within the business and manufacturing 7 district . Do I have a motion to open that public 8 hearing ? 9 MR . JONES : So moved . 07 : 37PM 10 MR . HOLDIMAN : Second . 11 CHAIRMAN LUCIETTO : All in favor say 12 aye ? 13 ( Chorus of ayes . ) 14 CHAIRMAN LUCIETTO : Not in favor , nay ? 07 : 38PM 15 ( No response . ) 16 CHAIRMAN LUCIETTO : Okay . Public 17 hearing PC 2008 - 25 , United City of Yorkville , is 18 open . I assume Travis has the information on this 19 one . 07 : 38PM 20 MR . MILLER : Yes . This is a text 21 amendment recommendation to the zoning ordinance 22 to include a specific time period whereby vehicles 23 can be parked in a commercial district - - 24 commercial vehicles can be parked in a commercial DepoCourt Reporting Service ( 630 ) 983 - 0030 15 1 district as well as other types of vehicles . 2 The history on this , staff received 3 complaints over the past several months regarding 4 a specific property in town where tractor - trailer 07 : 38PM 5 and semi trucks were being parked and questioning 6 about were they permitted to park there , what kind 7 of time periods . And so through the enforcement 8 of just ensuring that the property - - the use was 9 in compliance , it was explained to me that a 07 : 39PM 10 24 - hour period is always the rule of thumb . The 11 semi truck was parked in a parking lot for longer 12 than 24 hours , the situation is where it was 13 becoming a problem , and they were asked to move - - 14 it was there beyond the 24 - hour period and it was 07 : 39PM 15 considered to be in violation and they were asked 16 to move the vehicle . And it has worked 17 successfully over the past number of years in 18 controlling the problem . 19 Upon further research that 24 - hour 07 : 39PM 20 period isn ' t a code violation in any zoning 21 ordinance or any other ordinance , so this is a 22 recommendation to codify a procedure that has been 23 working . The 24 - hour period is an arbitrary 24 number . Bill and his staff put a lot of thought DepoCourt Reporting Service ( 630 ) 983 - 0030 16 1 to it a few years back and tried to come up with a 2 number that made sense . Staff made a comment and 3 the committee asked for the public safety 4 committee to weigh in on this . So it has been in 07 : 40PM 5 front of a couple of committees , and the direction 6 of the City Council was to move forward with the 7 public hearing and your review and recommendation . 8 So the second page of the staff 9 report shows the new text . We already have for 07 : 40PM 10 residential districts the language in Paragraph 1 , 11 residential districts or any other . So what this 12 proposed text amendment does is create new 13 language for business and manufacturing districts . 14 Are there any questions ? 07 : 40PM 15 CHAIRMAN LUCIETTO : Does the public have 16 any questions for the hearing on this particular 17 issue ? Evidently not . I will accept a motion to 18 close the public hearing . 19 MR . JONES : So moved . 07 : 4iPM 20 MR . HOLDIMAN : I will second . 21 CHAIRMAN LUCIETTO : We have a motion and 22 a second . All in favor say aye ? 23 ( Chorus of ayes . ) 24 CHAIRMAN LUCIETTO : Not in favor , nay ? DepoCourt Reporting Service ( 630 ) 983 - 0030 17 1 ( No response . ) 2 CHAIRMAN LUCIETTO : The public hearing 3 is closed . 4 ( Whereupon a portion of the 5 hearing was had but not herein 6 transcribed . ) 7 - - - 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service ( 630 ) 983 - 0030 18 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF DU PAGE ) 3 I , Lynette J . Neal , a Certified 4 Shorthand Reporter , do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above - entitled cause and that the 7 foregoing Report of Proceedings , Pages 3 through 8 17 , inclusive , is a true , correct , and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid . 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof , signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 DepoCourt Reporting Service ( 630 ) 983 - 0030 19 1 In testimony whereof , I have 2 hereunto set my hand this 24th day of November , 3 A . D . 2008 . 4 5 _ I 6 Lynette Neal 7 CSR No . 084 - 004363 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service ( 630 ) 983 - 0030 0 addition 11) - 8:5 bit 131 - 4:13, 7:10, 17:3 p address (4) - 8:22, 10:1 Cobblestone 14) - 5:4, 084-00 1+1 19:7 4363 - D-861908 ill • 1 :22 1 9:3, 10:3, 13:2 block Izl - 12:5, 13:5 5:16, 5:18, 6:20 - addressed 111 - 8:24 block-and-a-half 111 - code 141 - 6:3, 6:10, dash 121 - 6:13, 6:16 !. _ admittedly 111 - 4:13 13:5 11 :23, 15:20 David 1+1 - 13:4 Ill] -16:10 affidavit 1+1 - 7:17 Board 111 - 4:17 codify 111 - 15:22 December 111 - 4:19 + 121+I - 1 :11 aforesaid 111 - 18:10 board [+] - 8:14 cold Ell Dettmer I 1 - 11 :20 Ell - 9:7 'I 145 111 - 11 :13 agenda 11l - 3:2 bring [2] - 8:6, 11 :22 commenced 111 - 5:5 developer 121 - 4:5, 17111 - 18:8 ago 111 - 11 :24 brought 111 - 8:20 comment [21 - 8:9, 4;14 - -- - agreed 111 - 11 :21 Brown 111 - 4:5 16:2 development [el - 5:4, 2 agreement [2] - 6:21 , build 111 - 10:23 comments [2] - 8:6, 5:5, 5:8, 5:10, 5:12, 7:15 2.33121 - 5:1 , 5: 13 6:22 building 141 - 5:21, 13:13 6:21 , i 2.33-acre 19 - 5:2 alcoholic 111 - 6:2 10:2, 11 :16, 11 :24 commercial 141 - 12:8, direction 121 - 16:5, 2008141 - 1 :12, 6:13, allowing 121 - 4:15, buildings Ill - 10:24 14:23, 14:24 18'21 4:20 business [s1 - 5:15, i COMMISSION111 - directorlll - 7:15 6;1Q 19:3 2008-22 121 - 3:15, allows I+1 - 9:20 5:18, 6:9, 10:24, 1:5 district (5] - 5:15, amendment l3] - 14:4, 12:2, 12:12, 13:10, Commission 111 - 6:10, 14:7, 14:23, 3:23 15:1 2008.23121 - 10:22, 14:21 , 16:12 14:6, 16:13 1:10 anchor ryl - 5:11 - --_-. Commissioners 111 - dislricts [3] - 16:10, 11 :1 - - - - 2008-25 [21 - 14:3, Andrew 121 - 4:2, 10:6 C 4:1 16:11, 16:13 down [21 - 12:3, 12:8 14:17 ANNE Ell dI2:2 C.S.R Ili - 1 :13 committee 16,4 IzJ - 16:3, drive [121 - 5:7, 6:14, 207 [11 - 13:5 annexed 111 - 18:17 16:4 camera 11) - 6:1 6,17, 6:22, 7:2, 7:5, 215:1 6:13, 6:16, anticipate 19 . 5:9 cameras 111 - 6:1 committees ill - 16:5 8:11 , 9:3, 9:8, 9:10, 15:12 apartments (51 - cards 111 . 7:16 community (11 - 7:15 9.11 9.22 10:24, 11 :15, 11 :16, 24-hour(4) - 15:10, care 111 - 5:24 company Ill - 12:3 drive-through 111] - 15:14, 15:19, 15:23 11 :22, 12:10 cars (21 - 9:12, 9:13 CompanYlll - 3:16 6:14, 6:17, 6:22, 7:2, 24th 111 - 19:2 Appeals BI - 4:18 CARVOLLA (3] - complaints 111 - 15:3 7;5, 8:11 , 9:3, 9:81 application 141 - 7:13, 11 :12, 13:9, 13:11 complete (1] - 18:8 9:10, 9:11 , 9:22 3 7:19, 9:3, 9:23 Carvolla 111 - 11:13 compliance 111 - 15:9 DU 11] - 18:2 applies 111 - 18:17 connections 111 - 8:10 3111 - 18:7 - - -- _- - certain L] - 14:5 duly12) - 3:13, 12:23 apply 121 - 6:24, 8:3 consent (11 - 7;20 30,225111 - 5:20 certainly 111 - 8:11 appreciate Iz] - 4:15 considerably 34 Ill - 5:3 , certificate 11) - 18:17 nery 1 1 - E f 1 4:19 9:12 372111 - 5:19 certification 11) - 7:21 earl - approved 111 - 13:7 Certified 111 - 18:3 considered 111 - 15:15 Y I+I - 4:18 4 arbitrary 111 - 15:23 certified 111 - 18:19 continue 121 - 4:15, earth 111 - 5:6 assume 121 - 14:18, certify [31 - 18:4, 4:20 earth-moving 111 - 5:6 47111 - 12:5 - - 18:19 control [11 - 18:21 efficient 111 - 521 I 18: rm1 [11 - attorney 111 - 4:2 controlling ry] - 15:18 Eldamain 111 - 5:3 Chairman 111 - 2:2 5 attorneys 111 - 6:23 CHAIRMAN - 3:1 , convenience 121 - 9:4, elderly (1] - 9:7 audience Iz] - 4:1 5 [11 - 5:3 3:14, 3:21 , 4:1 1 , di 10:6, 9:9 Elgin [z] - 4:4, 5:19 I ' 12:16 10:5, 10:11 , 10:14, copies [21 - 18:18, end 111 - 7:8 AUDIENCE 18:21 energy lll - 5:21 10:16, 10:21 , 11 :3, 12:17, 13:4, 13:10 corner,,, - 5:3 energy-efficient ,,, - average 111 - 9:14 12[1 7:00111 - 1 :12 -- 12:1 11 :8, 11 :10, 5 12:19 13:1 Corners t1J - 6:20 5:21 I aye 15) - 10:12, 11 :61 13:12, 13:17, 13:20, corporate 11) - 6:23 enforcement 111 - 15:7 8 13:18, 14:12, 16:22 14:2, 14:11 , 14:14, correct [21 - 13:9, 18:8 engineering )+] - 5:6 800 (11 - 1 :13 ayes 15] - 10:13, 11 :7, 14;16, 16:15, 16:21 , cosmetics 111 - 5:24 ensuring ,•, - 15:8 13:19, 14:13, 16:23 16:24, 17:2 Council 11] - 16:6 enters 111 - 14'1 A CHARLES 111 - 2:5 counsel [21 - 18:12 entertain 131 - 10:7, A.D 111 - 19:3 B children ]1) - 9:6 COUNTY Ill - 18:2 10:24, 13:13 above-entitled 111 - B-1121 - 611 Chorus [51 - 10:13, couple Ill - 16:5 entitled 111 - 18:6 18:6 B-212) - 6:11 11:7, 13:19, 14:13, create 111 - 16:12 establish 111 - 7:16 accept 11) - 16:17 B-3 (el - 5:15, 6:9, 16:23 Crouch (11 - 14:1 established 111 - 4:10 accommodated ryl - 6:10, 12:1 , 12:14, circulate 111 - 8:12 CROUCH [1] - 2:4 evening [3) - 3:2, 4:1 , 9:21 13:9 CITY11) - 1 :1 Crowley Ill - 4:5 11 :12 accommodating 111 - BAKER 131 - 2:3, 3:20, City [4] - 1 :11 , 14:3, CSR [11 - 19:7 Evidently 111 - 16:17 4;19 10:9 14:17, 16:6 curious ,ll - 13:6 excited 121 - 4:23, 4:24 accordance [31 - 6:3, bank 111 - 9:10 CLARENCE Ell - 2:8 current 121 - 5:14, 6:8 Excuse 111 - 12:19 6:12, 6:15 Bazos 11) - 4:3 classification Ill - customarily 111 - 6:6 exhibit 111 - 8:2 accuracy 111 - 18:20 beaten [1] - 12:5 5:14 CVS [9] - 4:6, 4;8, experience 121 - 9:5, acres (+I - 5:13 becoming [11 - 15:13 clear 111 - 7:3 4:24, 5:19, 6:7, 6:23, 9:18 action [11 - 3:4 beverages [11 - 6:2 close ,3l - 10:7, 13:14, 721 , 722, 9:13 explained 111 - 15:9 activities Ell - 5:7 beyond 111 - 15:14 16:18 explaining 111 - 3:5 added 111 - 6:14 Bill [2] - 11 :20, 15:24 closed ,2] - 10:17, explanatory Ili - 10:3 I DepoCourt Reporting Service ( 630 ) 983 - 0030 extremely Ill - 4:24 hereto ill - 18:17 16:13 3:21 , 10:7, 11 :1 , owner's il] - 720 _ - hereunto ill - 19:2 last Ill - 11 :21 13:14, 13:17, 14:7, owners [11 - 7:16 2 F history [11 - 15:2 law [i1 - 4:3 16:17, 16:21 - JI facility 1zl - 6: 14, 6:17 HOLDIMAN is] - 2:8, lease Ill - 12:11 move [41 - 4:20, 15:13, fact l3l - 7:4, 8:7, 9:14 3:19, 13:15, 14:10, leasing 111 - 11 :19 15:16, 16:6 -- - - 16:20 least 111 - 9:19 moved 161 - 3:19, p.m I11 - 1 :12 family111 - 10:23 package 131 - 8:7, far 4:14, 5:61 8:17 hour[21 - 1 :12, 9:15 legal 111 - 3:9 10:9, 11:2, 13:15, Farm ryl - 1 :13 hours 111 - 15:12 less Ill - 9:15 14:9, 16:19 8:12, 8:18 fashion Ill - 6:3 House ill - 10:22 level il PAGE 111 - 18:2 l - 11 :18 moving 111 - 5:6 Packets ill - :2 fast 111 - 9:11 Hydraulic l2) - 11 :14, Liability ill - 3:16 MR [241 - 2:3, 2:4, 2:5, 72:6 licenses il) - 6:4 2:6, 2:7, 2:8, 3:19, page 111 - 16:8 favor:14, - 10:11 , __ limitations ill - 14:5 3:20, 4:1 , 4:12, 10:9, Pages il) - 18.7 10:14, 11 :5, 13:18, - - -- -- _- paragraph 111 - 9:2 11:4 11 :2 16 10:10 Limited 111 - 3: , , , 13:20, 14:11 , 14:14, _ Paragraph hl - 16:10 16:22, 16:24 ILLINOIS Ill - 1 :1 , - limited ill - 6:2 11 :12, 13:9, 13:11 , 13:15, 13:16, 14:9, Park I21 - 14:5, 15:6 felt ill - 6:24 18:1 list [1) - 7:15 il parked [41 - 14:23, live Ill - 11 :13, 13:5 14:10, 14:20, 76:19, few l - 16:1 Illinois Izl - 1 :14, 3:16 14:24, 15:5, 15:11 LLC ill - 5:16 16:20 film 19 - 6:1 include 111 - 14:22 parking (21 - 12:6, located 111 - 5:2 MS Izl - 2:2, 2:9 , firm 111 - 4:3 Included il l l - 8:22 15:11 firsl[il - 5:9 including 111 - 5:23 location ill - 12:7 III particular 131 - 4:12, First ill - 3:14 inclusive il look [21 - 3:17, 5:10 l - 18:8 N_ 5:5, 16:16 food ill - 9:11 incorporate 121 - 6:11 , looking [31 - 8:18, name [21 - 4:2, 11 :12 Parties Izl - 18:13, foot 11l - 5:20 14:5 10:23, 14:3 nay Isl - 10:14, 11 :8, 18:14 foregoing 111 - 18:7 incorporates [2) - love [2] - 9:5, 12:12 13:20, 14:14, 16:24 pass 111 - 8:16 form [31 - 7:14, 7:19, 6:11 , 6:12 lower (2) - 11 :15, Neal t31 - 1:13, 18:3, passed 12) - 6:13, 7:3 7:20 indepth I11 - 8:23 11 :18 19:6 past [21 - 15:3, 15:17 forward I31 - 4:20, Indiana Ill - 3:16 LUCIETTO Ile) - 2:2, need 121 - 12:20 path [1] - 125 5:10, 16:6 indicated I1] - 9:23 3:1 , 3:14, 3:21 , 4:11 , never Ill - 9:9 Patrons ill - 9:5 fourlll - 11 :16 indicating [21 - 7,18, 10:5, 10:11 , 10:14, new 13) - 5:20, 16:9, PC [61 - 3:15, 3:23, Freeman 111 - 4:3 8:9 10:16, 10:21 , 11 :3, 16:12 10:22, 11 :1 , 14:3, front 131 - 4:13, 12:6, information 111 - 11 ;5, 11:8. 11 :10, next ill - 10:21 14;17 16:5 14:18 12:15, 12:19, 13:1, nonetheless [1) - 6:24 pending 121 - 4:17, 13:12, 13:17, 13:20, normally [11 - 3:4 Full ill - 10:22 interested 111 - 18:15 8:13 14:2, 14:11 , 14:14, notes ill - 18:9 full 111 - 6:6 introduce 121 - 3:23, people Ill - 9:4 full-service Ill - 6:6 11 :10 14:16, 16:15, 16:21 , notice [21 - 7:17, 7:18 period 151 - 14:22, 17:2 Island 111 - 6:23 16:24, 1 November t2) - 1 :11 , 15:10, 15:14, 15:20, (j issue 131 - 7:4, 6:19, luck Ill - 12:3 192 15:23 __ ___ nette [3] - 1 :12, Game 111 - 1:13- 16'17 Lynette number[4] - 8:22, periods 111 - 15:7 issues 121 - 4:21 , 7:4 18:3, 19:6 15:17, 15:24, 16:2 permits 111 - 6:4 Gir111 - 3:15 _..__. - - - - Girsman 111 - 4:5 item (11 - 10:21 - -M permitted I21 - 6:3, given Ill - 6:6 __. - _ _ _ _-- 0 - 15:6 J manager I11 - 5:17 -obviousl e ill green [11 - 7:15 yNI - 5:8 petition 1 - 8:13 grocery 11) - 5:24 JACK [11 - 2:6 manufacturing 121 - OF I51 - 1 :1 , 1 :4, 1 :9, petitioning 111 - 6:16 guess ill - 11 :17 JEFF 111 - 2:3 14:6, 16:13 18:1 , 18:2 petitions [1] - 4:16 John 111 - 11 :13 map Ill - 7:24 offer 111 - 5:22 pharmaceutical lll - H joint Ill - 7:16 MARLYS 111 - 2:9 office111 - 11 :18 6:7 - JONES [5] - 2:6, 11 :2, materials 111 - 7:12 officers 111 - 7:22 pharmaceuticals 111 - half11) - 13:5 MEETING III - 1 :4 once ill - 9:14 5:23 13:16, 14:9, 16:19 1 hand 131 - 12:21 , meeting ill - 1 :10 one [3] - 3:3, 9:73, Pharmacy 151 - 4:6, I 18:19, 19:2 - meets 111 - 9:22 happy 111 - 7:6 K 14:19 4:8, 5:19, 6:7, 7:21 MEMBER 131 . 12:17, open 141 - 3:18, 11 :1 , pharmacy 121 - 5:22, health Ill - 5:24 K-o-I-6111 - 4:2 13:4, 13:10 hear il) - 4:9 kind l31 - 12:4, 12:7, Opposed 9:6 members ill - 7:22 Opposed 111 - 11 :8 Pick ill - 9:6 hearing 1211 - 3:9, 15:6 memorandum 111 - ordinance (91 - 6:8, place Ill - 5:18, 18:10 3:15, 3:18, 3:22, kindly 11) - 13:1 8:6 6:13, 6:15, 8:21 , PLAN 111 - 1 :5 4:18, 8:14, 10:7, KOLB 121 - 4:1 , 4:12 mentioned I11 - 6:9 9:20, 14:4, 14:21 , Plan 161 - 7:9, 7:23, 10:8, 10:16, 10:19, Kolb 12) - 4:2, 4:4 met [1l - 7:7 15:21 8:1 , 8:4, 10:1 10:22, 13:14, 13:23, Kramer 111 - 4:3 MICHAEL III - 2:4 original 121 - 8:2, Plan [1) - 1 :10 14:8, 14:17, 16:71 KRAUPNER I31 - 2:5, Miller Ill - 7:14 18:17 planned 111 - 6:20 16:16, 16:18, 17:2, 10:10, 11 :4 MILLER 121 - 2:7, originallylll - 7:10 pleased 111 - 4:7 1i 17:5, 18:6 - - 14:20 outcome 111 - 18:15 Pool 111 - 12:2 hearings ill - 3:2 L I modern 111 - 5:21 Outlet 111 - 5:3 portion 141 - 8:3, hereby 111 - 18:4 laid 111 - 10:2 modified 121 - 8:1 , 8:4 own (21 - 12:2 10:18, 13:22, 17:4 herein 131 - 10:19, lanes 111 - 9:9 months ill - 15:3 owned ill - 5:16 potential (1] - 9:17 13:23, 17:5 language [21 - 16:10, motion 191 - 3:18, owner ill - 4:22 potentially l2 DepoCourt Reporting Service ( 630 ) 983 - 0030 6:2 related [zl - 18:121 services 131 - 5:23, T 11 :22, 16:1 PRESENT (1) - 2:1 18:13 6:1 , 6:5 - upstairs 111 - 11 :17 3 present ill - 4:8 rendering ry tables [1] - 4:14 Ell set lzJ - 4:18, 19:2 , uses Ill - 6:10 principal (11 - 5:18 repeat I2) - 3:11, several 111 - 15:3 testimony Ill - 19:1 problem Izl - 15:13, 12:21 Shorthand 111 - 18:4 Text [31 - 14:20, 16:91 V 15:18 REPORT 11] - 1 :9 shorthand (21 - 18:5, 16:12 THE ,q - 1 :4 vacancies (11 - 12:8 procedure IN - 15:22 Report I1] - :9, 1 low thereof 121 - 18:15, valid (zl - 6:18, 7:5 PROCEEDINGS 111 - report Iz] - 8:9, 16:9 shows 111 - 16:9 value 11] - 12:1 1 :9 reported h 18:18 l - 18:5 sign l4] - 4:17, 8:7, i, 1 Vanek (1) - 4:4 [2) - 3:13, proceedings 11] - 18:5 Reporter 111 - 18:4 8:12, 8:17 thereupon I Proceedings ftl - represent 11] - 4:4 signage 121 - 8:8, 8:10 1223 variance 121 - 4:17, 18:7 reproduced Ill - signed 121 - 7:21 , three 11 t) - 3:1 , 3:8, 8:13 processing (1) - 6:1 18:20 18:18 8:16, 9:12, 9:15, vehicle 15) - 7:24, 8:2, 11 :17, 1123, 12:11 , 9:8, 9:21 , 15:16 products 131 - 5:24, requesting (21 - 11 :14, significant 111 - 9:10 12:13, 12:18, 13:7 vehicles (4] - 14:6, 6:5 12:9 site 191 - 5:2, 5:13, 7:9, three-year Ell - 11 :23 14:22, 14:24, 15:1 project [31 - 4:8, 4:13, required Ill - 6:4 7:20, 7:22, 7:24, 8:3, thumb Ill - 15:10 Ventures [1] - 10:23 4:24 requirements Ill - 10:1 properly ill - 7:18 9:22 situation 111 - 15:12 Tim It] - 5:17 violation 121 - 15:15, Tine 111 - 5:17 15:20 properties 1- 4:22,6 requires 111 - 8:21 small [z) - 9:6ll - 9: today (11 - 8:15 volumell] - 9:16 property [sl - 4:22, research It] - 15:19 somewhere 111 - 9:14 5:15, 5:16, 13:6, residential121 - 16:10, south [1] - 13:6 tonight 111 - 4:8 - 15:4, 15:8 16:11 South 131 - 5:4, 5:16, tough [21 - 12:3, 12:7 W proposed [1] - 16:12 response 151 - 10:15, 5:18 towards 11] - 7:8 wait 12) - 8:19, 9:10 proposes 111 - 5:20 11 :9, 13:21 , 14:15, southeast 11] - 5:2 town 111 - 15:4 walked 111 - 11 :20 proposing [21 - 8:8, 17:1 spaces 111 - 11 :18 tractorlll - 15:4 web It] - 7:20 8:15 responsibility It] - speaking 111 - 3:24 tractor-trailer ltl - week It) - 11 :21 prototype (21 - 5:20, 18:20 special 161 - 6:101 15:4 weigh It) - 16:4 5:21 rest Ill - 5:11 6:14, 6:16, 7:1 , traffic Ill - 9:21 west 111 - 12:5 prudent 111 - 6:24 retail 121 - 5:10, 5:23 11 :14, 11 :23 trailerll] - 15:4 West hl - 11 :13 Public 111 - 14:16 retailer [21 - 6:6, 6:7 specific 13) - 5:6, transcribed 131 - whatsoever 111 - 7:5 public 1171 - 3:1 , 3:9, revert 111 - 13:8 14:22, 15:4 10:20, 13:24, 17:6 whereby 111 - 14:22 3:15, 3:18, 3:22, review 121 - 7:9, 16:7 spot [11 - 12:4 transcript 12] - 18:9, whereof 111 - 19:1 4:18, 8:14, 10:8, revised 111 - 7:10 square [11 - 5:20 18:18 whole It) - 3:17 10:16, 10:22, 13:14, Rhode 11] - 6:23 square•foot I1] - 5:20 TRAVIS 111 - 2:7 � wife 1t] - 11 :13 14:7, 16:3, 16:7, Ridge (11 - 5:19 SS [1] - 18:1 Travis 121 - 7:14, 14:18 witness Ill - 12:23 16:15, 16:18, 17:2 tremendous 111 - 9:4 Riverll) - 5:19 stacking 141 - 7:24, witnesses 1t) - 3:12 purchased 111 - 11 :24 Road [21 - 1 :13, 5:19 8:2, 9:12, 9:22 tried [21 - 9:2, 16:1 written 11] - 9:2 Put 131 - 9:2, 11 :15, Route It) - 5:3 Staff it] - 16:2 trouble Ill - 11 :19 - 15:24 rule 111 - 15:10 staff 141 - 7:7, 15:2, truck ill - 15:11 y 15:24, 16:8 trucks 111 - 15:5 It]true I ] - 18:8 year 111 - 11 :23 Q $ stand Izl - 3:10, 12:21 years [sl - 11 :24, questioning 11) - 15:5 standards Iz] - 8:22, turn 11] - 12:10 safety 11] - 16:3 two 1al - 8:16, 9:2, 9:8, 12:11 , 12:13, 13:7, questions 171 - 10:3, Schmels 1 13:4 824 15:17, 16:1 Y Ili - 9:12, 9:13, 11 :15, 10:6, 12:16, 13:3, Schuster 111 - 4:4 start 111 - 13:3 YORKVILLE Ill - 1 :1 13:13, 16:14, 16:16 Second 151 - 3:20, STATE 11) - 18:1 11 :24, 12:10 Yorkville 141 - 1 :10, state 111 - 13:2 type 111 - 5:22 quorum 111 - 4:10 10:10, 11 :4, 13:16, types [21 - 14:5, 15:1 1 :11 , 1 :13, 14:17 State 111 - 13:5 - 14:10 YOUNG 1t] - 2:9 statement ill - 8:23 typical y] - 5:22 R second (s] - 3:22, yourself[zl - 3:23, __.------ still Ill - 8:3 typically 111 - 9:19 raise 11] - 12:21 11 :3, 13:18, 16:8, 11 :11 Streetltl - 13:5 _-_ - --- rarely 111 - 9:13 16:20, 16:22 U stuff Ill - 12:8 _ read 121 - 3:17, 7:11 section Ill - 11 :15 Z reading [1] - 8:5 see (61 - 8:10, 8:17, subject 111 - 8:13 under 151 - 6:10, 6:15, Zoning (8) - 4:16, 21 submission 141 - 6:19, 6:21 , 18:19, 18: realize 111 - 12:1 8:24, 9:11 , 9:13, 5:14, 6:8, 8:14, 12:1 , really (2] - 5:5, 8:4 9:19 7;2, 7:12, 8:1 underlying 141 - 4:14, 14:4, 14:21 , 15:20 received It] - 15:2 self 11) - 10:3 submitted (41 - 7:10, 4:21 , 4:22, 5:14 self-explanatory 7:13, 7:23 unique It] - 12:4 Zoning 111 - 4:17 recent ll] - 6:12 P rYl1 l - 10:3 subsequent Ill - 8:1 unit Ill - 6:20 recommendation ]31 - 14:21, 15:22, 16:7 semi [zl - 15:5, 15:11 successfully (1) - UNITED It] - 1 :1 I record 131 - 3:10, 7:12, sense 111 - 16:2 15:17 United [2] - 1 :11 , 11 :11 sent [1] - 7:18 suit 121 - 18:13, 18:14 14:17 refer Ill - 9:1 separately Ill - 3:3 supply 111 - 6:1 units [2] - 11 :19, reference 121 - 6:22, September Ill - 7:8 swear [3] - 3:8, 12:20 12:10 7,1 service131 - 5:15, 6:6, sworn [21 - 3:13, Unlike 111 - 9:10 ' regardingll] - 15:3 6:9 12:24 up (4) - 8:20, 9:6, DepoCourt Reporting Service ( 630 ) 983 - 0030 Memorandum To: Plan Commission Esr. 1836 From: Travis Miller and Stephanie Boettcher CC: Annette Williams (for distribution) Date: December 4, 2008 Subject: PC 2008 — 28 Laniosz Commercial Property (Annexation Amendment) AGE �V Background: The petitioner is requesting to amend the site plan (Exhibit C) of the Annexation Agreement approved January 10, 2006. The original agreement references a site plan which includes PINs 05-08- 126-002 and 05-05- 300-006. The requested amendment includes a site plan for PIN 05-05-300-013 which is the parcel/area directly east of the approved site plan. The proposed site plan amendment requests to expand the eastern boundary of the active retail site onto the adjacent property also owned by the petitioner and part of the subject property annexed in 2005 . The petitioner constructed the 'temporary seasonal greenhouse' on PIN 05-05-300-013 after obtaining a temporary permit from the City issued March 7, 2006. This permit expired 180 days following the permit issuance. The petitioner was notified in October and November of 2008 with instructions to remove the structure. Also identified in November 2008, multiple wooden pallets and several items from the landscaping business inventory including several trees and shrubs stored on this parcel which are not consistent with the approved site plan for the property. The proposed site plan amendment would allow for these items to remain. Comprehensive Plan Recommendation for Property The 2008 Comprehensive Plan recommends Neighborhood Commercial and Parks/Open Space land use for the Laniosz property. The eastern parcel, and subject of the amendment request, is recommended for Parks/Open Space and includes an unnamed creek along the eastern boundary. The Transportation Plan recommends a conceptual alignment of Beecher Road to connect to Route 71 in the vicinity of this property. The 2008 Park and Recreation Master Plan recommends a trial alignment along the future Beecher Road alignment and parallel to the unnamed creek. Staff Comments and Recommendations : 1 . Buffervard The expansion area slopes down significantly toward an unnamed creek along the eastern edge of the property. A designated buffer between the creek and the actively used areas would be appropriate to help keep sediment from reaching the creek. 1 There is a residential use to the east of the property. The Landscape Ordinance requires a minimum 30' bufferyard width to include 3 shade trees, 5 evergreen and 3 ornamental trees per 100 lineal feet with a 3 ' berm or masonry wall. The Landscape Ordinances provides credit for existing trees within the bufferyard area. Staff has inspected/evaluated the site and have determine there to be an excess of plant material existing within the bufferyard area (29 trees required with 69 tree credits — an excess of 40 trees). However, the berm or masonry wall requirement is not satisfied. Based on the existing wooded condition of the property, a berm, environmentally, would not be an appropriate improvement. An appropriate substitute for the berm could be a vegetative screen of evergreen or shrubs with a dense branching habit that would mature to 5-6 feet in height. 2. Future trail Alignment - Easement Provision Staff recommends including a provision in the Annexation Agreement requiring an easement conveyance 20 feet in width crossing the subject property in a north south orientation at a location mutually acceptable to the parties (property owner and the City) at the time the City determines the final trail alignment to the north of the subject property. Note that the property to the north is the subject of a proposed annexation/development plan known as Harris Farm Subdivision (Meadowbrook petitioner). This project has been dormant for a couple of years but is likely to renew the approval process at some point in the future. Also note that the 2008 Park and Recreation Master Plan suggests a trail alignment along the south side of Route 71 adjacent to the current Forest Preserve property. The subject property is a key link for the trail system to cross in order to connect the existing and future neighborhoods north of the property to the Forest Preserve and Route 71 trail. 3. Beecher Road Future Alignment Right-of-way dedications for Beecher Road have been required as part of annexation agreements including subdivision platting and those requiring roadway infrastructure improvements including Kendall Marketplace, Rush-Copley and Westhaven. Although this property is near the conceptualized future alignment, the precise location of the future roadway has not been determined or engineered by the City at this time. Therefore, a right-of-way dedication requirement from this property may be premature to recommend. However, a provision in the amended agreement acknowledging the proposed alignment of Beecher Road and a statement that the parties of the agreement (Property Owner and City) agree to cooperate and negotiate in good faith in the future may be appropriate to consider. 2 ■ v '04 J r a loot or- TOOT 4 . 1 `s t i i , J.; 6 \ { tooa ` r„ 01 k p., 2000��O The Dana is provided without warranty oranympresenWfion of N �.I v o accuracy, timeliness, orcompleteness, if is the responsibility of the "Requester" m determine accuracy, timeliness, completeness, and Laniosz Amended Annexation appropriateness ofits use. The United CRY of Yorkville makes no W4 E warranties, expressed or implied, in the use of the Data. - Parcel Data 6 Aerial Photography provided by Kendall County GIS V Aerial View -Map created by United City of Yorkville GIS S Legend it \ '� ,IJalsh-Cir = Locally Proposed Roads \ ,� Trails t 1 TRAIL STATUS —pow Future Internal (Private/Public Trail Link) City Owned/Maintained Asphalt County Trail \ O °t 3 In Developer PUD Agreement 00 \ Privale(Publlc Trail (HOA) Asphalt \ N \ PrwalelPUbhc Trail (HOA) Limestone \ d \ Proposed Conceptual t ` Trails Outside of Yorkville It 2008 Land Use Plan , ? Land Use Classification \ '` CRural Neighborhood 't \ Estate Neighborhood Amended Site ` \ o ` C— Suburban Neighborhootl Plan Area , \ (21 l- Traditional Neighborhood l- Commercial \ Neighborhood Retail It Industrial - Office/Research 1. \ �0 \ �\ �! Mixed Use ( ` Publicl0uasi Public - Parkslopen Space Commercial/Office Research \ It - Industnal/Office Research � \ 71 stag 02,013 O'`'iit' i yi i t m s i4? o, o� 4 i PCPC200000 The Data is provided without warranty or any representation of N L OO LL OO accuracy, smallness, or completeness. It is the responsibility of the "Requester" to determine accuracy, timeliness, completeness, and Laniosz Amended Annexation appropriateness of its use. The United City of Yorkville makes no W ��E warmantlas, expressed orimplled, to the use of the Data. iii444 - Parcel Data provided by Kendall County GIS Surrounding Land Use AfapereatedbyUnited City o fYorkville GIs s o vv ov • a L'000000� •� � . � ♦ OOOOOi; 11,;f wwwvlvvwv Mop Arw Aw• A Aa'off . IRVIVIV rwT�`.,Y T`A+w yAr :+pJ �AwY /+�.. .tiOA'itiPF paw.. ^.OA M1p�U�aA .M1PR . M1 4l, Iwa« • ' iK�., .Kw' y. � e, Y ryM' y.K� yyN� .'R-•yay Ii,epdi• ' •GA dw Ppy M� Y s Ply M1Pq ..y Ate. y.Kmy.:. �A ru aM1` w�OS's pa r� �A uA h 'xnay 1 +� -Mr y a; :Y✓wM1 Au R,. AJ y�YY a� An rv.�aJL.ya� ► �'•..Iw1... ^Ndw N�R u`NKm�J�i`•�Yay y��w,R.AKK M1u u��wP M'-..•ya•AA....KKK..m.0 JR�� y'yq A....YKKKpw.i`i'.•�A...NrK.Y.:w4°`a'1L_°...NrN w.:wL MY r"A.�ti.wu""''.y••-'A°•.NN.J w nMO:.�,LL1yAW.•...KK.'��`�.�y_.^�•..N K Ki-ce�pa.'-.�'+..ry•aAr....KKe J J�w am i y L A w..+K.J�y�y.y,A...K K M 44.v.Y.'pM1•`JM1, al w ,LLw�AA•..,K Kv;�nm�qY.yr 1, a.y I r'y Iw4q:.,1 e M1%q tiaw wPa M1P M1I � i� ` a ^ M1iw M1s � M1Pw M y .K � .•� m y P +m rf a. 4 .M ^± P -:.a ^ -. , w� w � w a rPa fella M1P " effy .IOr m r Ps r Ps r Ps r my .•2 r.Ya r � r.K,a• u ; u ; ; J r ; u r J r 44 r J J y.d A r�Ar R A AAA A Ape%wa M1Pq M1a• pM1 aM1pe Mw a a wffll . repl 1 1 �•\Aw:ARw�gJwyAw:N�Y.. 0 Mld .R M1Pw fle,xti..�M1%^ItiYw�•.. ewpKA,. ww.�aR�Pa M1Pa M1i�n.tla NIA n, y.M.•' r,.K�u.��aKw y�Nw yA". .M'� �.K�.y A� .K ...r•K•� y�'.yN"...y�N� y.'..` w, Nyy,•hY.•y.M1.Y.`.M1+^.n�.._� L+` t y. �.+r'r.�'y"',�.e+. J1.`N-.... J:..±�.^l.Y.w!Y-�.J..Y"!�-'.Y.s� Pay +•J„ PM1 hO.n M1a MPpy Pw M1PM1 M1pw P•., pw r N� aN� . � .K� y.N� W.�r•Kti yM.` N.r.r.N" y.N� W.�r.N� y.K ;y ,+." •.!' a a a." r r J a+r ;w ;� h 'pwr a r 'Mn •..y may.ry�,N•^RMa+LyR�w YyA swAMy.•yYA^w y�M1�'tA^a.,.•yrAMw JVA,p^A,�n•ay MUy..ayRU J e•ty J'S.. i gy A •.•a. a•w �. n•w aS. M1s \� .y aKy...L•K ..y.N`� .y.M� S,.K� u'J.•N� S..N�..y.K� .y.K� L.K� aa: m w R m w .w P: m w Ii, , A Ar Rr Au AJ Ar Au Au Rr Ru �A,feIldli A Ru y1� spa ey%q ham M1Pq M1pa M1i�M1Pq M1%A M1i�M1pA anpn rNpa..,%a M1M1O.y KI.01K ya rr•K� y.K"�;1 Ilew : lp, . Jam.+. ,."• ' :�..r-.i:•a Pw Pw Pw PM1 Oyy M1Pw a dq M1Pw pay PM1 ;�wy A M1'p..;Lw A•K"` r A w r A ow r nA. Jwr. KY wwo . 0 y-,.�a.,.°.Kr ee ya". 4%r yA.K J r A.M1r P;A jo,M1 M .�a ell,e � Y R . L.Ny�r.M�Y h. y+�K•..Mr.-/M 1 I .ry^ Pey m,-,• I±' Pew:y P±T m' my AT m pwy rr�^ m A A AA Aw Au AY Aw Aw Rw Rw Ruw TAU Arw y F.ti'•w�w P.Pa W w rP«M14 q NR M1MR M1p 'L. r M1p� 1,p p w .M�u•Nmyy.K ..ra'w y.K� .K� y.K� .,.� .M ra..N" y.N y.N:..r If e,l, All 4 71W HMP R P P 1 y' JlaN 1' -.wi N �A pq% 4,0 en P P N K� K_ K •.yPo K .K` N .N y K .K_ .K_ K rR A m m tii asy'` a + wU•saA A y m�A 10%A . a � p y - I� Ama\ n,,,y"•,y^L Ka•. w,.ti• w' w ..r sw .n+. y K wu+ „ r r ' 11 : • • • • • •'1. PLAT OF SURVEY OF P� RT . aF = THE SOUTHWEST QUARTER OF SECTION 5 AND PART OF THE � � M NC_ "THWEST QUARTER OF SECTION 8 , T361i R7E OF THE 3rd PM N � ` KENDALL TOWNSHIP KENDALL COUNTY ILLINOIS m = o LELAI OESCRIa''.ION OF TRACT A if M, DESCRIP,ION OF INGRESS/EORE55 FASENENA ^ L ibol Datl of IM1e vinwesl Quarter I S,Cton 5 and that Port of A 24-loot wine tract in port of he Southwest Quarter of Section N the Ncrtnwesl Qvooer ul Seflien tl. iawnshp 36 Noftb, AanOa J 5 and of of the Nmthe'est Charier of SecLan B. TOwnShp 36 h- e • Ernst of 14e !Nd n copal Mentlivn desce.bed as lallpvs' M1 NON. Range I Lost of the lord rin<ipn' Le•lamn lying 10 !¢el ^' comm.neng at me Southeast Caner of sad Section s thence each add of and odpan q G CCnttfl'Pl a b E follows IV North Oc47 00 Wes[ 252 75 feet to the lan9ant Center nn of Coname,eing at Fre SOURCOOSt Curdev of liqdd Section 5 Iberian , I 111mcas Route No. 71 said point bong PI Station 1425+1965 North 54700 West, 257 75 f t in the tangent 1 nine of , b of sod Ih - - South 8537'00 West, plead said Nivols Route p $Ol sprat peg PI SI I 142b+IRfd; w k to tangent a g In Cnt I' a along u tangent i d at rna l tie S fl 37 (b v t g 11 11 s, `- - tare t tl the 1 I e tl tangent f id In >ot \ C erin 08945 feet t P. Station 14a4+7350 thence eenlel 208946 (ref t P.I. St b 1404 50' thence CALF 'R IpG+I t N1 South 741400 West along the tangent Ond g IM t ruse • - �h = So vl cop ll Route N' ]1 IBS580 feet, thence North s ovulh )91 00 West. 1 ) !M1 1 9 t d 9111 terl'no — 18'07dO' West tri feet to the. N rthetly L f 0 Illinois tl 11 R 1 N 21. 1855 No feet: thence surd Route N 71 IM1 Nurh 734220 East, stand sod Northerly 180 3v Well. 69 '0 feet 1 t N IM1e 11 L 1 - 1 Aino s O e - Line 41SO 1 to North 18'0780- West. 440.0 feel for Rml N 1 to North 73 4210' Fast, 9 d the,dogY if I - \ the Word of 9 9 •h South IN07'30- Easl 4400 feel Line. 418.01 1 h North 74-42 30' Fair. 2508 feet for { I e to sa:a N t ty IM1 o North 14'4? 30 lost. 1 9 'a the p t f earphone) t 1 N North ^ 1' ♦ Intloalw Ion Stoke Cauntl 80.0 f t thence N Ih 180730 West 2000 140329 West 7001 t' thence North 073252" task, q10 d- vo.lnefy Feet thence North 214043 East. 4950 feet f the •onus O indirnles Iron Stake Set ` feel, to North 0]5919 ' test. 26095 feet, thence S In ! /1 )44230 West. 19501 1 to the Pont of b 9 nn9 el It and CCnlerlle n Nendnll iaw un V. Kentla, County, I.nors, yW colon I Ian _ ♦ tvwnsltp. enlal Cv.nty, Im. e and senta ....9 1.115 eeros !1\ S e CdA NtrtS' RWIWN ey owNeR ; a• J t X00 ) 7w tNPUTf;$ BAWbNK (ENEF,�ive ' �{ Is Fl,C:A. i ' lit 5.o !� O wqr, SJ4 f .. d' -r�J91 cAi¢S g*A Fed S*aAAG£ or 1 . 't c660 '; l' r\ state 1 N CD Rh II VB WANTS (IFrr INVIvo ya ew oIS }.� q v'n Coolly if Kondoll ) 55 aria Incinerates. In, . a t+ (� f• K� tOL �� I. P7IV Oi Yo.m4 an Illinois P ( d ay. o f!< f Ph 1p D u•y standard Ue store that s Y e located 10 b 1 P the ra tl s 4 tact a s shown by 1 plot 1Teon drawn h ntalhn of SOM x L aY In p f -5o e Cc fours to the end If dos or r mum std d f e ma Y x a vYsi r a March u 2041 Yca . D Y soy if Si lr to ' pc ��•o. c ..e+.� • "' �' � , no D rlrvxso lane .,m.wre No 2518 (Cmsex tl/ Il l021 I * - 1 NYI (�•� tb AY (RPtnll V 4 O rf1,.r i%VIW.x•if ) � QJ q Fps. at k� fie ig) Relic e 4 p.,.mlp3 we s NI ell w` Z F WiNe. s 14 �� I _ o V .wl ce � > { a _ _"a'12' '� _ lo r4 On asgr� CD . \ � Q rq u oy., n. . \ r 'o. Flue °r` .. J e ' e I `r C"'n rift t'41'10'K ' if 1 z o 960 ° / ✓ N,, A230+C Id / ROCr, Or w e,Wti , —' NO is r IH f,. -�1 , 5 ol.oc s -R7E LLI it 81 9 Ld ol? 0 eta. N� z z i C 00 r � 15 United City of Yorkville 800 Game Farm Road EST. , t= 1836 Yorkville, Illinois 60560 �9 Gl o Telephone: 630-553 -4350 Fax: 630-553 -3436 LE X PC # -F1✓ 200 - 2� 2S APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: T i5TaE Sro}' G,4R,bcK Date of Submission: CHOP Requesting: LgAnnexation &EPPA W [] Zoning [] Planned Unit Development [] Special Use: J 1 . Name of Petitioner(s): 0/li-Rf fit A (�fFm o ,S z Address: /w wo r715T //Q� C� 1s X X65q y �T jc� 4 50 Phone Number: rp,7� � O �i 2��/ 7 Fax N�umberp � 30L ©l��l�c? — 69pcz Email Address: �ISTGc S ✓'° J T C� SD e �L©(rTL /V Relationship of Petitioner(s) to subject property: Owner [] Developer // [] Contract Purchaser H 2. Name of holder of legal title, if different from 41 : -r -*D3" ob8 If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: bdAjia 4,,4M ©.S IAAJIdSZ 3. a). (i). Street address and physical location of subject property: 761� W. SAS 0,4Ctf T/�iL �'nRKViL��, rL �0 ✓�� O (ii). Zoning of surrounding parcels: North: A& South: r v1QE�;rT pJes6w116- East: West: b). Legal description of property; attach as Exhibit "A". tAT7Rcr1ED� c). Total Acreage: �34 i a d). Kendall County Parcel Number(s) of property: O 05- 05� 30D -- 013 lk 05 - 01rs6? 6 - 66oZ e). Current Zoning Classification: 8 �.3 f). Zoning Classification Requested: I- 3 ( Alb 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". (trwI} eNe3> 5. List all governmental entities or agencies required to receive notice under Illinois law: i7 r Ty OF Ye)"I t .E 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: 11112 TH15 Pfib T ANN -6 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: FoYD TiyEEM UIJSON Address: 4Z It; sk Eel D&C 'STiP&aZ-T Yo/PKVILL = , 1L 6o�G0 Phone Number: (0915 — 5-6cZa 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. — r^TL? (gJ C `. 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. RIDER ATTACHED HERETO IS EXPRESSLY Date: ll— d 0 F MADE A PART HEREOF Petitioner(s) Signature: (All legal property owners' signatures must appear on this application.) Wayne Hummer Trust Company as " k )3anlc and Trust dated 04-21 -2003r known r J . Pitrowski as Trust No.o. 03-008 -1 I NOV " ssists-t Vice Preside / V Subscribed and sworn to before me this 1 tt day of DVE,+!f '���n1 1200 ? " � tJ�1q�(�j f/1 t1 (SG✓l�V��i��rwl___ . Notary Seal THIS APPLICATION MUST BE NOTARIZED. "OFFICIAL SEAL" LENIICA M. OSUNLANA Notary Public, State of Illinois M Commission Expires 5-22-2010 United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7.15.2008 This document is executed by WAYNE HUMMER TRUST COMPANY, N.A. Successor Trustee to Hinsbrook Bank and Trust, not personally but as Trustee under Trust No. 03-008 as aforesaid, in the exercise of power and authority conferred upon and vested in as said Trustee as such, and it is expressly understood and agreed that nothing in said document contained shall be construed as creating any liability on said Trustee personally to pay any indebtedness accruing thereunder, or to perform any covenants, either expressed or implied including but not limited to warranties, indemnifications and hold harmless representations in said document (all such liability, if any, being expressly waived by the parties hereto and their respective successors and assigns) and that so far as said Trustee is concerned, the owner of any indebtedness or right accruing under said document shall look solely to the premises described therein for the payment or enforcement thereof, it being understood that said Trustee merely holds legal title to the premises described therein and has no control over the management thereof or the income therefrom, and as no knowledge respecting any factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said trust. In event of conflict between the terms of this rider and of the agreement to which is it attached, on any questions of apparent liability or obligation resting upon said Trustee, the provisions of this rider shall be controlling. WAYNE HUMMER TRUST COMPANY N.A.Successor Trustee to Hinsbrook Bank and Trust not individually, but As Trustee under Trust Agreement dated 04/21/2003 known as Trust number 03-008 By: L - `fit Assistant Vicd President 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 = $53000 over 40 acres, but not over 100 = $103000 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 0 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 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: Citv Council: A public hearing is required for annexation or PUD agreements. The City Council meets the 2 or 41h 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 CO 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 Roa ork I e, Illinois 605 . L 1 Date: 1 - a 6 Y d ��'^r Signature of Petitioner United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7.15.2008 EXHIBIT "A° That part of the Southwest Quarter of Section 5 and part of the Northwest Quarter of Section 8, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05°47'00" West, 252.75 feet to the Tangent of the Centerline of Illinois Route No. 71, said point being P.I. Station 1425+1265 of said Centerline; thence South 85°37'00" West, along said Tangent and along the Centerline and along a Tangent of said Centerline, 2089.48 feet to P.I . Station 1404+33.50; thence South 74°14'00" West, along the Tangent and along the Centerline of said Illinois Route No. 71 . 1855.80 feet; thence North 18°07'30" West, 6920 feet to the Northerly Line of said Illinois Route No. 71 ; thence North 74°42'30" East, along said Northerly Line, 209.0 feet for the point of beginning; thence North 18°07'30" West, 418.0 feet; thence North74°42'30" East, parallel with the Northerly Line of said Illinois Route No. 71 , 209.0 feet; thence South 18°07'30" East, 418.0 feet to the Northerly Line of said Illinois Route No. 71 ; thence South 74°42'30" West, along said Northerly Line, 209.0 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 2.003 acres as said Property is depicted on a Plat of Survey by Francis E. Sexton, Illinois Professional Land Surveyor No. 1466, dated September 21, 1965, which Survey apparently created this Parcel as shown, and that this Survey is base solely on the monumentation which remains from said "Sexton Survey". AND ALSO: That part of the Southwest Quarter of Section 5 and that Part of the Northwest Quarter of Section 8. Township 36 North. Range 7 East of the Third Principal Meridian described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05°47'00" West, 252.75 feet to the tangent centerline of Illinois Route No. 71 , said point being P.I . Station 1425+19.65 of said centerline; thence South 85°37'00" West, along said tangent and along the centerline and along a tangent of said centerline, 2089.48 feet to P.I . Station 1404+33.50: thence South 74°14'00" West, along the tangent and along the centerline of said Illinois Route No. 711 1855.80 feet; thence North 18°07'30" West, 6220 feet to the Northerly line of said Illinois Route No. 71 ; thence North 74°42'30" East, along said Northerly Line, 418.0 feet; thence North 18°07'30" West, 440.0 feet for the point of beginning; thence South 18°07'30" East, 440.0 feet to said Northerly Line; thence North 74°42'30" East, along said Northerly Line. 80.0 feet; thence North 18°07'30" West, 200.0 feet: thence North 07°59' 19" East. 260.95 feet; thence South 74°42'30" West 195.0 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 1 . 124 acres. Exhibit B Names and addresses of adjoining or contiguous landowners (of record) within 500 feet of the subject property who may be entitled to notice of petition under any applicable City ordinance or State statute: To the North: N.C. Master Family Limited Partnership 6874 Fieldstone Drive Burr Ridge, IL 60521 To the South: Kendall County Forest Preserve District (a body politic) I 1 I W. Fox Street Yorkville, IL 60560 To the East: William M. Garrett, Robert Garrett and Marie Garrett, all in joint tenancy 10645 Stagecoach Trail (Rt. 71 ) Yorkville, IL 60560 Joseph M. Harris 10581A&B Stagecoach Trail (Rt. 71) Yorkville, IL 60560 To the West: Otis Property Management, Inc. 4771 Route 71 Oswego, IL 60543 Charles and Rhonda Tomblinson 10645A Stagecoach Trail (Rt. 71 ) Yorkville, IL 60560 SrFo�� PRO Pvs�D 6H &e§ r crZ %a , *.Y 574' 4230 W ` 195.0' i CSIP'ei< ry P°e ef fn 5 q ! cq j x74'42 W w l O u / > J m �"r 0 A ,�IIR A ,C O CR Q ea ,yam r O ' o .moo aam° o�^. /tV•� Z 1 creek p 0i tO N' a C) N w O \ N/ t 0 •�+ N 0 19077 O N71'34' t YE eve / n._g N7134' 77"E ` ne of Old Prescr�Poles �— °` + North L' ( Utility o *" • - 79.90' Rood and Line o °ne Culvert �• . Ik \ 191 .0' Fountl S' 14 574'42 30'•W 0.65' So 4 ~PiPe •25.08 " '.g0,0• a True Cornetrh' o/ N7 '42'30"E w m u• ' m k\ 574' 14 '00"W 1855.80'_ . OUTS No 71 ILLINOIS R } Y 209701-1020738 17011120738 Filed for Record in STATE OF ILLINOIS ) PAUL KENDALL ILLINOIS ss 07-05-2007 At 099433 am , COUNTY OFKENDALL ORDINANCE =3 , 011 ) RH5P Surcharse IO , iiO ORDINANCE NO. 2006- Oa AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (LANIOSZ COMMERCIAL PROPERTY, ROUTE 71) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11 -15. 1 . 1 , as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1 : The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 11C) _ Da}cZj A.D. 2006. MAYO Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this k C-�,-- day4 A.D. 2006.2E ATTFS CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 1 of 3 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement"), is made and entered as of the day 200bby and between HINSBROOK BANK TRUST ##03-008 ("OWNER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS: A. OWNER is the owner of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNER desires to annex the SUBJECT PROPERTY to the CITY. 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. OWNER proposes that the SUBJECT PROPERTY be rezoned as B-3 under the provisions of the City Zoning Ordinance ("Zoning Ordinance") for the SUBJECT PROPERTY described in Exhibit `B" attached hereto; providing that the following listed permitted uses Under Section 10-7D- 1 of the Ordinance not be permitted for this property including: Automotive sales and service; boat sales; business machine repair; car wash without mechanical repair on the premises; frozen food locker; golf driving range; kennel; mini-warehouse storage; miniature golf; park - commercial recreation; pump sales; skating rink; sports arena; taxicab 1 garage; tennis court - indoor; truck sales and service; and the following listed special uses under Section 10-7D-2: amusement park; boat launching ramp; boat rental and storage; stadium. D. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on October 12, 2005 . City Council conducted the public hearing on the annexation agreement on December 13, 2005 . E. The CITY and have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. F. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and the rezoning, as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planting and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. G. (i) Each party agrees that it is in the best interests of the OWNER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit "A" with said property to be zoned B-3 under the Zoning Ordinance of the City of Yorkville providing that the following listed permitted uses under Section 10-7D- 1 of Ordinance not be permitted for this property including: Automotive sales and service; boat sales; business machine repair; car wash without mechanical repair on the premises; frozen food locker; golf driving range; kennel; mini-warehouse storage; miniature golf; park - commercial recreation; pump sales; skating rink; sports arena; taxicab garage; tennis court - indoor; truck sales and service; 2 and the following listed special uses under Section 10-7D-2: amusement park; boat launching ramp; boat rental and storage; stadium. ( ii) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. H. It is the desire of the CITY and the OWNER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the tenns and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. 1. The OWNER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. J.The OWNER agrees to develop the SUBJECT PROPERTY in substantial conformance with the Site Plan, attached hereto and incorporated herein as Exhibit °C". NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement providing the annexation and zoning and plat Exhibit A for the SUBJECT PROPERY shall be approved by the City Council upon the following terms and conditions and in consideration of 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. 3 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the B-3 Business District provisions of the City provisions of the City Zoning Ordinance ("Zoning Ordinance") providing that the following listed permitted uses under Section 10-7D- 1 of the Ordinance not be permitted for this property including: Automotive sales and service; boat sales; business machine repair; car wash without mechanical repair on the premises; frozen food locker; golf driving range; kennel; mini-warehouse storage; miniature golf; park - commercial recreation; pump sales; skating rink; sports arena; taxicab garage; tennis court - indoor; trick sales and service; and the following listed special uses under Section 10-7D-2: amusement park; boat launching ramp; boat rental and storage; stadium. 3. DEVELOPMENT CONFORMING WITH SITE PLAN. The OWNER agrees to develop the SUBJECT PROPERTY in substantial conformance with the Site Plan, attached hereto and incorporated herein as Exhibit "C". 4. CONTRIBUTIONS. The CITY shall not require the OWNER to donate any land or money to the CITY, or any other governmental body. 5. SCHOOL AND PARK DONATIONS. There shall be no School or Park contributions required. 6. GENERAL PROVISIONS. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall Comity by any of the parties or their successors or assigns by an appropriate action at law or in equity to 4 secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and their succors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and the CITY. B. All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. C. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (1) If to OWNERS : Hinsbrook Bank Trust #03-008 c/o Dan Laniosz 22 W 410 71 " Street Naperville, IL 60540 Fax: 630-969-2603 5 with copies to; Law Offices of Dallas C. Ingemunson, P .C. 226 S. Bridge Street Yorkville, Illinois 60560 Attention: Dallas Ingemunson Fax: (630) 553-7958 (II) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, See. 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 and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY . E. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. 6 F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. G. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. H. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER's expense. I. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. J. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. K. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. L. 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 OWNER in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT 7 PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. M. Major and Minor Modifications. Any modification to the Site Plan (Exhibit "C") any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. O. Effectiveness. This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNER for the sale of any portion by OWNER. 8 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNER: CITY: HINSBROOK BANK TRUST #03-008 UNITED CITY OF YORKVILLE, an Illinois municipal corporation BY LL fi t � By: Name: Daniel A. Laniosz B !i' 'i' Title: Title: Mayor (/ Atte . Title: Cr erk 9 LIST OF EXHIBITS EXHIBIT "A": Survey of SUBJECT PROPERTY EXHIBIT `B": Legal Description For Area Zoned R-3 EXHIBIT "C": Site Plan 10 EXHIBIT " A " LEGAL DESCRIPTION OF TRACT TO BE ANNEXED: That part of the Southwest Quarter of Section 5 and part of the Northwest Quarter of Section B. Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05'47'00" West, 252.75 feet to the Tangent of the Centerline of Illinois Route No. 71 , said point being P.I. Station 1425+ 19.65 of said Centerline; thence South 85'37'00" West, along said Tangent and along the Centerline and along a Tangent of said Centerline, 2089.48 feet to P.I. Station 1404+33.50; thence South 74'14'00" . West, along the Tangent and along the Centerline of said Illinois Route No. 71 , 1855.80 feet; thence North 18&07'30" West, 69.20 feet to the Northerly Line of said Illinois Route No. 71 ; - thence North 74'42 '30" East, along said Northerly Line, 209.0 feet for the point of beginning; thence North 18'07'30" West, 418.0 feet; thence North 74'42'30" East, parallel with the Northerly Line of said Illinois Route No. 71 , 209.0 feet; thence South 18'07'30" East, 418.0 feet to the Northerly Line of said Illinois Route No.s 71 ; thence South 74'42'30 " West, along said Northerly Line, 209.0 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 2.003 - acres as said Property is depicted on a Plot of Survey by Francis E. Sexton, Illinois Professional Land Surveyor No. 1466, dated September 21 , 1965, which Survey apparently created this Parcel as shown, and that this Survey is based solely on the monumentation which remains from said "Sexton Survey". AND ALSO: That part of the Southwest Quarter of Section 5 and that Part of the Northwest Quarter of Section 8, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Southeast Comer of said Section 5; thence North 05'47'00" West, 252.75 feet to the tangent centerline of Illinois Route No, 71 , said point being P.I. Station 1425+ 19.65 of said centerline; thence South 85'37'00" West, along said tangent and along the centerline and along a tangent of said centerline, 2089.48 feet to P.I. Station 1404+33.50; thence South 74' 14'00" West, along the tangent and along the centerline of said Illinois Route No. 71 , 1855.80 feet; thence North 18'07'30" West, 69.20 feet to the Northerly Line of said Illinois Route No. 71 ; thence North 74'42'30° East, along said Northerly Line, 418.0 feet; thence North 18'07'30" West, 440.0 feet for the point of beginning; thence South 18'07'30" East, 440.0 feet to said Northerly Line; thence North 74'42'30" East, along said Northerly Line, 80.0 . feet: thence North 18'07'30" West, 200.0 feet; thence North 07-59'19" East, 260.95 feet; thence South 74'42'30" West, 195.0 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 1 .124 acres. Accurate Map of � m p LEGAL DESCRIPTION OF TRACT TO BE .WNEKEO: vi o Territory Annexed to Del port of the Southwest Quarter of SacDOn 5 and pal of the NartM1weal Ouarler C0 n THE UNITED CITY OF YORKVILLE of Section e. Township er North. Range a East of he Third f ad Section o5; v u=a of descinixid Sectio as !dowse Common.. at lM17 East of Comer of sae Principal Mend 5; thence m 'o'o 0 North OS"47'00° West. 25475 legit to the Tangent of the Centerfine of Illinois Route a "s No. 71, said paint being P.l. Station 1425+19.65 of said Centerline; thence South c = � Kendall County Illinois \ 85'1100° Went, along sea Tangent and along the Cents one and along a Torigent, of said Centerline, 2069.48 feel to P.I. Station t4UN33.50; thence South 741400 vn = ° 3110 Weal, alma the Tangent and_along the Certarcer of said Illirois Route No. 71, IB55.B0 m - g BOW µ14g2� E Route Noe 71 ;North th 1e North 74'"11'309 East.feet to Northerly Una.1209.0al�s for CX 0 0 the paint of t, paregl thence North ort dy Line Weal. 410.0 feet; thence 7 North thence 1S Eoet. pordld with Me Northerly L th W said ly Un Route Na.No.Minnie Rout legit: !hence South 1407'30" Eoel, 418.0 feel to the Northerly Una of aaid glifact Route m No. 71; thence South Reading Tow Wesl. along said Northerly Line, 2 fact to the _ Point of beginning a Kendall Taed an Randall County. Illinois F and containing. Sexon 2003 O n a acres as said Property is depicted 14 an a acted ep Survey h . 1965.a E. 6aalan, glinais N Professional Loral Surveyor No. 1466, dated 5eplember 21. 1965, which Survey p �d �. apparentty created Use Parcel as shown, ow that this Survey is bored mlely an the o monumentalion which remains From said °Sexton Survry. AND ALSO: N m Mh 57q 42� '°. That part of the Southwest Quarter of Section 5 ww that Part of the Northwest Quarter of Section S. Township 36 North. Range 7 v) East of the Third Principal Meridian described as lall°wa: . 0 1 m Commencing at the Southeast Comer of sand Section 5; thence 0 Z09•� V North 05'47'00 West. 252.75 feet to the tangent centerline of N 51 41]0� {N744230 f Blinds Route No. 71, sand pant being P.I. Station 1425+19it z Q of said centerline: theme South a P.l0" Wee4 along said N Z W Wingent and along the centerline and 06 a tangent of said Q i centerim, 2089.48 feel to P.I. Siotion 1414+33.50; thence 4 South 74'14'00° Went. along tro toyant and along the cenleAne 55 3 1�. n1i of said Masts Route No. 71. 16 .80 feet: thence North Z / 142 18'0730° West. 69.20 fact W the Northerly Line of said Illinois U H 57 Rohde No. 71; thence North 74'42630° East, abrlg said Northerly a to p p 1� Una. 418.0 feet; thence North 1407'30- Weals 440.0 feel for < 0. -L 2 the point of beginning; Memo South 1407'30 East, 440.0 feet Q)� o �� Norin e°u;nn4iaoi3a w igo0 SCALE � d South fin per' 74'42'30' West a 5Dfact 90 EtM!point of beginning `Nmdoll 1 °- 1 Q0n 0 0 Co. lT o,�Om, Township. Kendall County. Marais and containing 1 .124 acres. 1 ? l Z N o ` 2089.48' z m. O� o I E n an � � \ 3p 11°E �sjS�CJhtl °doe . ./` — In J 'O 1.5 all^ d sad 1910 V ' Q� uua cad Bond o. rjhglW` �r147413Uw Vi CFNmhrr.,b 4 in S (e' �L x, at Q1d p Bp.0.q2 f 1855 B `: kw. Wilt=-.rt ,jae D9�u ,474 �Cantathn State of gUnais )) r.`....: n�,:�,. r Sautlheost Comer of N N°5j4423Q°'{� 2 a, -1 1 County of Kandan ) 55 '7F, 1 Section 5. T36N-R7E/11 �2r 41Bp 1 1. PhM;p D. Young, an Mini Professional Low Sunveyar \ u' and an officer of Phillip D. Young and baceialn, ba, state O O 2090 N1{•{7�� ! �(r O • that 1 have prepared Min plat using available recorded documents. 4 0 o OUI L Dated February 3. 200a at Yorlo6k. Ninon - - - - W W 59.204 \, / � INOIS V.a v`.' v V i ZZIi N180730°W Plump 0. Young V nlinda Pmlacaionai Land Surveyor No. 2878 (Expires 11/30/B6) 003 a EXHIBIT " B " LEGAL DESCRIPTION OF TRACT TO BE ANNEXED: That part of the Southwest Quarter of Section 5 and part of the Northwest Quarter of Section 8, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05047'00" West, 252.75 feet to the Tangent of the Centerline of Illinois Route No . 71 , said point being P.I. Station 1425+ 19.65 of said Centerline; thence South 85'37'00" West, along said Tangent and along the Centerline and along a Tangent of said Centerline, 2089.48 feet to P.I. Station 1404+33.50; thence South 74' 14'00" West, along the Tangent and along the Centerline of said Illinois Route No. 71 , 1855.60 feet; thence North 18'07'30" West, 69.20 feet to the Northerly Line of said Illinois Route No. 71 ; • thence North 74442'30" East, along said Northerly Line, 209.0 feet for the point of beginning; thence North 18'07'30" West, 418.0 feet; thence North 74'42'30" East, parallel with the Northerly Line of said Illinois Route No. 71 , 209.0 feet; thence South 18'07'30" East, 418.0 feet to the Northerly Line of said Illinois Route No,� 71 ; thence South 7442'30" West, along said Northerly Line, 209.0 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 2.003 acres as said Property is depicted on a Plot of Survey by Francis E. Sexton, Illinois Professional Land Surveyor No. 1466, dated September 21 , 1965, which Survey apparently created this Parcel as shown, and that this Survey is based solely on the monumentation which remains from said "Sexton Survey". AND ALSO: That part of the Southwest Quarter of Section 5 and that Part of the Northwest Quarter of Section 8, Township 36 North, Range . 7 East of the Third Principal Meridian described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05'47'00" West, 252.75 feet to the tangent centerline of Illinois Route No. 71 , said point being P.I. Station 1425+ 19.65 of said centerline; thence South 8537'00" West, along said tangent and along the centerline and along a tangent of said centerline, 2089.48 feet to P.I. Station 1404+33.50: thence South 74' 14'00" West, along the tangent and along the centerline of said Illinois Route No. 71 , 1855.80 feet; thence North 18'07'30" West, 69.20 feet to the Northerly Line of said Illinois Route No. 71 ; thence North 7442'30" East, along said Northerly Line, 418.0 feet; thence North 18'07'30" West, 440.0 feet for the point of beginning; thence South 1870730" East, 440.0 feet to said Northerly Line; thence North 74'42'30" East, along said Northerly Line, 80.0 . feet; thence North 18'07'30" West. 200.0 feet; thence North 07'59'19" East, 260.95 feet; thence South 74'42'30" West, 195.0 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 1 . 124 acres. SITE PLAN Ar n I b N dwrrw N rvatT �-- t �vM W `rrA j B F _/ r^ T n� ao�TE 7 a3 STATE ... ILLINOIS s r See°.' MCERRI -=� 611 ,11 ENGINEERING. INC. M 10.W1]ll-OiM (u�Y" ECrt4CCp Memorandum To: Plan Commission ° From: Travis Miller Est 1836 CC: Annette Williams (for distribution) h� Date: December 5, 2008 Subject: Off Street Parking Regulations — Recommended Zoning Ordinance Text Amendment (REVISED) <LE wy Background: The Plan Commission conducted a Public Hearing November 12, 2008 regarding a proposed text amendment to Zoning Ordinance 10- 11 -3 regarding off-street parking regulations for Commercial and Manufacturing Districts. The Plan Commission raised concern the proposed amendment was too open ended and requested staff to research and return with a refined amendment request clarifying the intention and purpose of the amendment to ensure the new text accomplishes the intended goal. Staff Comments and Recommendation: Attached to this memo is the complete Zoning Ordinance Chapter 11 Off-Street Parking and Loading text. Considering the amended text within the context of the complete chapter should provide a clear picture of the result the amendment would have on the regulation (see page 3 for the amended text). Among other regulations, Chapter 11 provides the parking requirements for all zoning districts including the amount of spaces required for certain uses. 10- 11 -3 — A describes the regulation for parking facility use, however, only addresses the use of Residential Districts and is silent on Commercial and Manufacturing Districts. The proposed amendment includes language addressing these districts. Issues to consider: Although the zoning ordinance currently requires a certain amount of spaces be provided for certain business/manufacturing uses, there is no regulation on the use of the parking facility. Spaces used for long tern parking may result in diminished capacity of the parking facility. The zoning regulation applies to private property. Municipal Code Title 6 (Motor Vehicles and Traffic) Chapter 2 (Parking Regulations) and Title 7 (City Parks and Forest Preserves) Chapter 4 (Restrictions to Vehicle Parking) address parking on public streets and properties (attached for reference). These regulations do not address private property and do not overlap the regulation of the Zoning Ordinance. Chapter 11 OFF-STREET PARKING AND LOADING 10-11 -1 : PURPOSE : The purpose of this Chapter is to alleviate or prevent congestion of the public roads, and so promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use to which property is put. (Ord . 1973- 56A, 3-28-74) 10 -11 -2 : GENERAL PROVISIONS : A. Scope of Regulations: The off-street parking and loading provisions of this Chapter shall apply as follows: 1 . For all buildings and structures erected and all uses of land established after the effective date hereof, accessory parking and loading facilities shall be provided as required by the regulations of the district in which such buildings or uses are located . However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within one year of such effective date and diligently prosecuted to completion , parking and loading facilities as required hereinafter need not be provided . 2 . When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. However, no building or structure lawfully erected or use lawfully established prior to the effective date hereof shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement shall equal not less than fifteen percent (15%) of the units of measurement existing upon the effective date hereof, in which event parking or loading facilities as required herein shall be provided for the total increase. 3 . Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date hereof, additional parking or loading facilities are mandatory only in the amount by which the requirements for the 1 new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this Title. B. Existing Parking and Loading Facilities: Accessory off-street parking or loading facilities which are located on the same lot as the building or use served and which were in existence on the effective date hereof or were provided voluntarily after such effective date, shall not hereafter be reduced below, or if already less than , shall not further be reduced below, the requirements of this Title for a similar new building or use. C . Permissive Parking and Loading Facilities: Nothing in this Title shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings; provided , that all regulations herein governing the location , design , improvement and operation of such facilities are adhered to . D. Damage or Destruction: For any conforming or legally nonconforming building or use, as restricted by Chapter 10 of this Title, which is in existence on the effective date hereof, which subsequently hereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed , re- established or repaired, off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation . However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this Title for equivalent new uses in construction. E . Control Of Off Site Parking Facilities: Where required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located , they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are necessary. No such off site parking facilities shall be authorized and no zoning certificate shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the board of zoning appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off site parking facilities will be maintained at all times during the life of the proposed use or building . 2 F. Submission Of Plot Plan: Any application for a buildingpermit, or for a certificate of occupancy where no building permit is required , shall include therewith a plot plan , drawn to scale and fully dimensioned , showing any parking or loading facilities to be provided in compliance with this title. (Ord . 1973-56A, 3-28-1974) 10-11 -3: OFF STREET PARKING REGULATIONS AND REQUIREMENTS : A. Use Of Parking Facilities: 1 . Residential Districts: Off street parking facilities accessory to residential use and development in any residential district in accordance with the requirements of this chapter shall be used solely for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments. 2 . Business and Manufacturing Districts: Off street parking facilities accessory to business and manufacturing use shall be used solely for the parking of vehicles of owners employees, visitors and customers of the business or establishment as well as for delivery vehicles serving the business or establishment. Vehicles of said visitors and customers shall not be parked on said parking facilities for periods longer than twenty-four (24) hours with the exception of motor vehicle sales truck sales and service, automobile rental , hotel , motel , and those public properties regulated by Title 6 Chapter 2 of the Municipal Code. B . Joint Parking Facilities: Off street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituent use would be permitted ; provided , that the total number of spaces so located 3 together shall not be less than the sum of the separate requirements for each use. C. Size: Required minimum off street parking dimensions shall be as shown in this subsection : Angle Of Parking Space Width Of Space ILength Of Space Parallel parking 8 feet 20 feet 450 angle parking 9 feet 17 feet 60° angle parking 9 feet 19 feet 90° angle parking 8.5 feet 18.5 feet Notes: 1 . Stall length measured to edge of curb. 2. Aisle width minimum design . 3. Length of space is measured perpendicularly from the edge of the aisle to the curb line. 4. Where parallel parking is used the end stalls shall be at least 22 feet long , or appropriate tapers be provided for improved access: a . One-way minimum design : 12 feet aisle width . b. Two-way minimum design : 24 feet aisle width. 5 . Barrier free accessibility: All required parking lots, by this code, shall comply with the accessibility requirements of the state of Illinois accessibility code and the ADA. D. Access: Each required off street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space, unless the parking facilities 4 are serviced by a parking attendant. All off street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. 1 . Residential Driveways: The maximum width for a residential driveway, for single-family detached units, measured at the street right of way line is twenty five feet (25') when the required setback from the street with driveway access is thirty feet (30') or more. The maximum width for a residential driveway measured at the street is thirty feet (30') when the required setback from the street right of way with driveway access is less than thirty feet (30'). The maximum width for a residential driveway, for single-family attached units, measured at the street right of way line is twenty five feet (25') regardless of setback. Shared parking areas shall be provided within single-family attached unit developments providing 0 .5 space per unit up to twenty (20) units and 0.25 space per unit beyond twenty (20) units. The maximum width for a residential driveway, for single-family detached units, measured at the street right of way line is twenty five feet (25') for units fronting on a cul-de-sac bulb. 2. Nonresidential Driveways: Driveway width shall be adequate to serve the volume of traffic and provide for rapid movement of vehicles off of major thoroughfares. Trips Per Day ( 1 To Trips Per Day (21 Or 20) Or More) Or Trips Per Hour (1 To Trips Per Hour ( More 5) Than 5) Driveway width at right of 12 feet minimum 24 feet minimum way 24 feet maximum 36 feet maximum' Note: 5 1 . Unless approved by the city engineer. E. In Yards: Off street parking spaces may be located in any yard defined by this title. F. Design And Maintenance: 1 . Open And Enclosed Parking Spaces: Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building . Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special use. 2 . Aprons: Driveway aprons shall not widen the driveway more than five feet (5') in total width when measured at the curb/street edge. 3. Distance To Existing Street Intersections: Residential driveways shall be a minimum of fifty feet (50') when measured from the driveway edge to the nearest intersecting street right of way line. Commercial driveways shall be a minimum of two hundred feet (200') when measured from driveway edge to the nearest intersecting street right of way line. a ; I street a° Driveways not meeting the minimum distances may be approved administratively by the city administrator with a recommendation to approve made by the city engineer. If administrative approval is not granted, a variance must be approved as described by section 10-14-5 of this title. 4. Driveway Edge/Curb Radius: The maximum radius for a driveway edge/curb for a driveway entrance is twenty feet (20'). 6 ;t_•xcuv Hatx au y •- driveway w : 5. Surfacing : All open off street parking areas shall be improved with a pavement meeting state of Illinois standard A-3 or equivalent. 6. Screening And Landscaping : All open automobile parking areas shall comply with the requirements of the current landscape ordinance regulations for perimeter parking lot landscaping . 7. Lighting : Any lighting used to illuminate off street parking areas shall be directed away from residential properties and public highways in such a way as not to create a nuisance. The city of Yorkville promotes the "dark sky" concept. Lighting fixtures should be full cutoff, and the use of wall packs on buildings should be minimized . The average foot-candle intensity should be 2.0 _ 2 .5 foot-candles. The average to minimum light intensity ratio should be no more than six to one (6: 1 ), and the maximum to minimum light intensity ratio should be no more than twenty to one (20: 1 ). The lighting intensity at the property line shall be zero foot-candles. 8 . Signs: Directional and regulatory signs/markings only are permitted on parking areas. 7 9 . Repair And Service: a. No motor vehicle repair work of any kind shall be permitted in conjunction with accessory off street parking facilities provided in a residence district. b . The sale of gasoline and motor oil in conjunction with accessory off street parking facilities is not permitted in any residence district. G . Number Of Spaces: 1 . Maximum Number Of Spaces: The total number of accessory parking spaces provided for one-family, two-family or multiple-family dwellings shall not exceed that required by this title for such use or for any equivalent new use by more than fifty percent (50%) or six (6) spaces, whichever number is greater. 2. Determination Of Number Of Spaces: When determination of the number of off street parking spaces required by this title results in a requirement of a fractional space, any fraction of one-half ('/2) or less may be disregarded , while a fraction in excess of one-half ('/p) shall be counted as one parking space. H . Location Of Accessory Off Street Parking Facilities: The location of off street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served . 1 . For Uses In A Residence District: Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served . Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from the lot occupied by the use served , but in no case at a distance in excess of three hundred feet (300') from such use. 2 . For Uses In Business And Manufacturing Districts: All required parking spaces shall be within one thousand feet ( 1 ,000') of the use served , except for spaces accessory to dwelling units (except those located in a transient hotel) which shall be within three hundred feet (300') of the use served . However, no parking spaces accessory to a use in a business or manufacturing district shall be located in a residence district unless authorized by the board of appeals in accordance with chapter 14 of this title. (Ord . 2006-137, 11 -28-2006) 8 10-11 -4: SCHEDULE OF PARKING REQUIREMENTS : For the following uses, accessory off street and off right of way parking spaces shall be independently accessible provided as required hereinafter. Parking spaces required on an employee basis shall be based on the maximum number ofemployees on duty or residing, or both , on the premises at any one time. (Ord . 1997-5A, 3-13-1997 ) A. Residential Uses, As Follows: One-family A minimum of 2 enclosed parking spaces shall be dwellings, two- provided for each dwelling unit. The development family dwellings, plans shall incorporate techniques to break up the and townhomes effect of front loaded garages such as side loading end units and offsets to be approved by the city's planner. Multi-family A minimum of 2 parking spaces with 1 enclosed dwellings other parking space shall be provided for each dwelling than above unit. For lodging rooms located in an apartment hotel parking spaces shall be provided for each lodging room . Tourist courts, 1 parking space for each dwelling unit and 1 parking tourist homes, space for each lodging room shall be provided . motels and motor hotels Hotels, transient Flpa—rki,,ng space shall be provided for each lodging m , lus 1 space for the owner or manager. Lodging houses 1 parking space shall be provided for each lodging room , plus 1 space for the owner or manager. Private clubs and Fpeent g space shall be provided for each lodging lodges (with lus parking spaces equal in number to 10 sleeping facilities of the capacity in persons (exclusive of for guests) room capacity) of such club or lodge. B . Retail And Service Uses, As Follows: Retail stores and banks 1 parking space shall be provided for each 300 square feet of floor area. Drive-in banks 9 shall provide 3 parking spaces per teller window. Automobile laundry 1120 parking spaces shall be provided for each wash rack, plus 1 additional space for each 4 employees. Bowling alleys 3 parking spaces shall be provided for each alley, plus such additional spaces as may be required herein for affiliated uses - bars, restaurants and the like. Establishments dispensing 1 parking space shall be provided for each food beverages for 300 square feet of floor area . consumption on the premises Furniture and appliance 11 parking space shall be provided for each stores, household 600 square feet of floor area. equipment or furniture repair shops Motor vehicle sales and 1 parking space shall be provided for each machinery sales 600 square feet of floor area. Theaters (indoor) 1 parking space shall be provided for each 3 seats. Undertaking establishments, 12 parking spaces shall be provided for funeral parlors each chapel or parlor, plus 1 parking space for each funeral vehicle kept on the premises, and 1 parking space for each employee. C. Offices; Business, Professional And Governmental: 1 parking space shall be provided for each 400 square feet of floor area. D. Wholesale Establishments (But Not Including Warehouses And Storage Buildings Other Than Accessory): 1 parking space shall be provided for each 600 square feet of floor area. 10 E . Establishments Engaged In Production Processing , Cleaning,Servicing , Testing Or Repair Of Materials, Goods Or Products: 1 parking space shall be provided for each employee, plus 1 parking space for each vehicle used in the conduct of the enterprise. F. Warehouses And Storage Buildings: 1 parking space shall be provided for each 1 employee, plus 1 space for each vehicle used in the conduct of the enterprise. G . Community Service Uses, As Follows: Church , school , 1 parking space shall be provided for each 6 seats. college and other Adequate space shall also be provided for buses institutional used in connection with the activities of the auditoriums institution , and all loading and unloading of passengers shall take place upon the premises. Colleges, universities 1 parking space shall be provided for each and business, employee, and 1 parking space shall be provided professional and for each 4 students, based on the maximum trade schools number of students attending classes on the premises at any one time during any 24 hour period . Health centers, 13 parking spaces shall be provided for each staff government operated and visiting doctor. Hospitals 1 parking space shall be provided for each 2 hospital beds, plus 1 parking space for each 2 employees (other than staff doctors), plus 1 parking space for each doctor assigned to the staff. Libraries, art galleries 4 parking spaces shall be provided for each 1 ,000 and museums - public square feet of gross floor area. Municipal or privately 1 parking space shall be provided for each 1 owned recreation employee, plus spaces adequate in number, as buildings or determined by the Zoning Administrator, to serve community centers the visiting public. Public utility and 1 parking space shall be public service uses 11 Schools; nursery, 1 parking space shall be provided for each elementary and high employee, plus spaces adequate in number, as determined by the Zoning Administrator, to serve the public. H . Places Of Assembly, As Follows: Stadiums, arenas, auditoriums, (other than Parking spaces eqjof church , college or institutional school), number to 25 percconvention halls, dance halls, exhibition halls, the capacity in per skating rinks and other similar places of shall be provided . assembly I . Miscellaneous Uses, As Follows: Fraternities, sororities [employee. parking space shall be provided for each 5 and dormitories tive members, plus 1 parking space for each Institutions for the care Fd king space shall be provided for each staff of the insane and r, plus space adequate in number, as feeble-minded mined by the Zo ning Administrator, to serve isiting public. Rest homes or nursing Fbedl pace shall be provided for each 4 homes parking space for each 1 employee, ng space for each doctor assigned to Sanitariums, 1 parking space shall be provided for each 4 convalescent homes or beds, plus 1 parking space for each 2 employees institutions for the aged (other than staff doctors), plus 1 parking space or for children for each doctor assigned to the staff. (Ord . 1973- 56A, 3-28-1974; amd . For the following uses , parking spaces shall be provided in adequate number, as determined by the Zoning Officer, to serve persons employed or residing on the premises as well as the visiting public: (Ord . , 3-28-1974; amd . 1994 12 Code) Airports or aircraft landing fields, heliports. Convents and monasteries. Crematories and mausoleums. Outdoor amusement establishments; fairgrounds, permanent carnivals , kiddie parks and other similar amusement centers. Penal and correctional institutions. Rectories and parish house. Swimming pools. J . Mixed Uses: When two (2) or more uses are located on the same zoning lot or within the same building , parking spaces equal in number to the sum of the separate requirements for each such use shall be provided . No parking space or portion thereof shall serve as a required space for more than two (2) uses unless otherwise authorized by the Board of Appeals in accordance with Chapter 14 of this Title. K. Other Uses: For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the Zoning Officer. (Ord . 1973-56A, 3-28-1974) 10-11 -5 : OFF-STREET LOADING REGULATIONS AND REQUIREMENTS : A. Location : All required loading berths shall be located on the same zoning lot as the use served . No loading berth for vehicles over two (2) tons' capacity shall be closer than fifty feet (50') to any property in a residence district unless completely enclosed by building walls, not less than six feet (6) in height. No permitted or required loading berth shall be located within fifty feet (50') of the nearest point of intersection of any two (2) streets. (Ord . 1973-56A, 3-28-74; 1994 Code) 13 B . Size: Unless otherwise specified , a required loading berth shall be at least ten feet in width by at least twenty five feet in length ( 10' x 25') exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fourteen feet ( 14'). C. Access: Each required off-street loading berth shall bedesigned with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. D. Surfacing: All open off-street loading berths shall be improved with a compacted macadam base, not less than seven inches (7") thick, surfaced with not less than two inches (2") of asphaltic concrete or some comparable all-weather dustless material . E. Repair and Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business districts. F. Loading Spaces Not to be Used for Parking Requirements: Space allocated to any off-street loading berth shall not, while so allocated , be used to satisfy the space requirements for any off-street parking facilities or portions thereof. G . Special Uses: For special uses other than prescribed hereinafter, loading berths adequate in number and size to serve such use , as determined by the Zoning Administrator, shall be provided . H. Accessory Off-Street Loading Facilities: Uses for which off-street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities off any adjacent alley, service drive or open space on the same lot which is accessible by motor vehicle. (Ord . 1973-56A, 3-28-74) 10-11 -6 : SCHEDULE OF LOADING REQUIREMENTS : 14 For the uses listed in the following table, off-street loading berths shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses in the amounts shown herein : LOADING REQUIREMENTS Use Gross dred Floor Area in Square Feet of A. Hospitals, sanitariums an d other institutional uses 10,000 to ') 200,000 B . Hotels, clubs and lodges, except as set forth in item E For each 1 additional additional ( 10' x 25') 200 ,000 or fraction thereof C. Hotels, clubs and lodges - when Itc 0 ,000 F containing any of the following: retail shops, 20,000 convention halls, auditoriums, exhibition 201000 to 1 - ( 10' x 50') halls, or business or professional offices 150,000 (other than accessory) For each 1 - additional additional ( 10' x 251) 150 ,000 or fraction thereof D. Retail stores 51000 1 - ( 10' x 25') [ to 10 ,000 E. Establishments dispensing food or 10 ,000 r 1 - ( 10' x 25') beverages for consumption on the premises to 20,000 to20,000 000 2 - (10' x 25' ea. ) 25 ,000 2 - ( 10' x 25' ea . ) to 40,000 F. Motor vehicle and 40,000 to 3 - ( 10' x 25' ea .) machinery sales 100,000 15 G . Wholesale establish- For each 1 - additional ments (but not including additional ( 10' x 50') warehouse and storage 200 ,000 or buildings other than fraction accessory) thereof H . Auditoriums, convention halls, exhibition r Fto ,000 halls, sports arenas, stadiums 20 ,000 �1 ( 10' x 50') 100 ,000 1 I . Bowling alleys For each 1 - additional additional ( 10' x 50') 100 ,000 or fraction thereof J . Banks and offices - business, professional r 10,0 to r4fu x 25')00 and governmental 1100,000 For each 1 - additional additional ( 10' x 25') 100 ,000 or fraction thereof to 500,000 For each 1 - additional additional ( 10' x 25') 500 ,000 or fraction thereof K. Establishments engaged in production , r 51000 1 - ( 10' x 25') processing, cleaning , servicing , testing or to 10 ,000 repair of materials, goods or products r 10,000 � r ( 10' x 50') to 40,000 400 ,000 2 - ( 10' x 50' ea. ) L. Warehouses and storage For each 1 - additional buildings additional ( 10' x 50') 100 ,000 or fraction thereof M . Theaters 8,000 to � � 1 - ( 10' x 251) 25,000 For each 11 - additional additional ( 10' x 25') 16 F5 or fraction thereof N . Undertaking establish- 81000 to ( 10' x 25') ments and funeral parlors 100 ,000 For each 1 - additional additional ( 10' x 25') 100 ,000 or fraction thereof (Ord . 1973-56A, 3-28-74) Footnotes - Click any footnote link to go back to its reference. Footnote 1 : Ordinance 1997-5A will be in effect for all new developments not yet preliminarily platted as of its passage. 17 Sterling Codifiers, Inc. Page 1 of 12 This section has been affected by a recently passed ordinance, 2008-74 - GENERAL PENALTY. Go to new ordinance. Chapter 2 PARKING REGULATIONS The section below has been affected by a recently passed ordinance, 2008-74 - GENERAL PENALTY. Go to new ordinance. 6-2-1 : PARKING REGULATIONS AND RESTRICTIONS ON CERTAIN STREETS : A. Bridge Street: 1 . Bridge Street, between the south side of Van Emmon Street and the north side of Van Emmon Street, shall be designated for parallel parking only in those areas of said street so marked , adjacent to the traveled portion of said street, and all vehicles parking adjacent to the northbound lane of Bridge Street shall park parallel with the front of said auto facing in a northerly direction , and all vehicles parking adjacent to the southbound lane of Bridge Street shall park parallel with the front of said auto facing in a southerly direction . 2. It shall be unlawful to park any vehicle upon Bridge Street in the city between Van Emmon Street and the Fox River other than parallel to the traveled portion of Bridge Street in areas so designated and marked for parallel parking ; and no vehicle shall be parked upon the aforesaid street for more than two (2) consecutive hours, between the hours of six o'clock (6:00) A. M . and eight o'clock (8 :00) P . M. daily, including Sundays and holidays; nor shall any motor vehicle be left unattended for a period of more than fifteen ( 15) minutes between the hours of one o'clock ( 1 :00) A. M. and five o'clock (5:00) A. M . , including Sundays and holidays. (Ord . 1964-7, 1 -9-1964, eff. 7-1 - 1964) 3. a. Parking will be prohibited on both sides of Illinois Route 47, also known as Bridge Street, beginning at the south corporate limits of Yorkville and extending northerly to a point plus or minus two hundred feet ( .200') north of Illinois Route 126. (Ord . 1990-23A, 9-27- 1990) b. ( 1 ) Parking will be prohibited on both sides of Illinois Route 47 (Bridge Street), for a distance of two hundred feet (200') both north and south of Walnut Street. (2) Any person , firm , or corporation violating the provisionsof this ordinance shall be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars ($ 100.00) for each offense. (Ord . 1997-9, 4-10-1997) 4. Any person violating any provision of this subsection shall be fined as provided in section 1 -4- 1 of this code. (Ord . 1964-7, 1 -9-1964, eff. 7- 1 -1964; amd . 1994 Code) B . Hydraulic Avenue: http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id= 16143 &keywor. .. 12/4/2008 Sterling Codifiers, Inc. Page 2 of 12 1 . Parallel Parking Only; Loading Zone Designated : Hydraulic Avenue between Bridge Street and Main Street shall be designated for parallel parking only in those areas of said street so marked , adjacent to the traveled portion of said street, and all vehicles parking adjacent to the westbound lane of Hydraulic Avenue shall park parallel with the front of said auto facing in a westerly direction , and one parking space adjacent to the business building at 116 West Hydraulic Avenue shall hereafter be designated as no parking and for loading zone use of the business only. 2. Parallel Parking Only; Time Limit: It shall be unlawful to park any vehicle upon Hydraulic Avenue in the city between Bridge Street and Main Street other than parallel to the traveled portion of Hydraulic Avenue in areas so designated and marked for parallel parking ; and no vehicle shall be parked upon the aforesaid street for more than two (2) consecutive hours between the hours of six o'clock (6:00) A. M. and eight o'clock (8:00) P . M. daily, including Sundays and holidays. (Ord . 1967-28 , 6-8-1967, eff. 7-1 -1967; amd . 1994 Code) 3. Parking Zone Established : A parking zone is hereby established on West Hydraulic Street in the area between Route 47 on the east and going in a westerly direction for two hundred fifty feet (250'), said parking to be restricted to a time limit of one-half ( 1 /2) hour and limited to the north side of Hydraulic Street. (Ord . 1992-7, 5-14-1992) 4. Prohibited Parking Areas: It shall be unlawful to park any vehicle on the southerly side of Hydraulic Avenue between Mill Street and Morgan Street, and it shall further be unlawful to park any vehicle on that portion of the northerly side of Hydraulic Avenue contiguous to the parking lot serving the business at 123 West Hydraulic Avenue. 5. Penalty: Any person violating any provision of this section shall be fined as provided in section 1 -4-1 of this code. (Ord. 1967-28, 6-8-1967, eff. 7-1 -1967; amd . 1994 Code) The section below has been affected by a recently passed ordinance, 2008-32 - PARKING RESTRICTIONS . Go to new ordinance. The section below has been affected by a recently passed ordinance, 2008-74 - GENERAL PENALTY. Go to new ordinance. The section below has been affected by a recently passed ordinance , 2008-89 - PARKING RESTRICTIONS . Go to new ordinance. 6-2-2 : PARKING PROHIBITED ON DESIGNATED STREETS : The provisions of this section regulating the parking of vehicles shall not apply to emergency vehicles while the driver thereof is engaged in the performance of emergencyduties, nor shall such provision apply to persons actually engaged in repairing or otherwise improving the streets under the authority of the city council or the state, nor shall the provisions of this subsection apply to the intermittent standing of any vehicle in said prohibited area when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device. (Ord . 1974-66, 9-12-1974) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id= 16143 &keywor. .. 12/4/2008 Sterling Codifiers, Inc. Page 3 of 12 Unless otherwise stated , any person violating or failing to comply with the provisions of this section shall be fined and shall pay, upon entering a plea of guilty or upon being found guilty of a violation hereof, a penalty as provided in section 1 -4-1 of this code. (Ord . 1974-66, 9-12- 1974; amd . 1994 Code) BEAVER STREET There shall be established "no parking" zones on the south side of Beaver Street, the east side of Badger Street, the west side of Deer Street, and the north side of Wolf Street in the Fox industrial park, except for vehicles of emergency personnel during emergencies or other emergency vehicles during an emergency. Violation of this provision shall result in a fifty dollar ($50 .00) fine per occurrence. (Ord . 2001 -38, 6-28-2001 ) CHURCH STREET A "no parking" zone shall be created on the east and west sides of Church Street commencing at the intersection of River Street and Church Street and running continuously north to the intersection of Main Street and Church Street. (Ord . 1987-6, 5-28-1987) COLONIAL PARKWAY A "no parking" zone on the north side of Colonial Parkway between Illinois Route 126 and Illinois Route 47, except for vehicles of emergency personnel during emergencies or other emergency vehicles during an emergency. Violation of this provision shall result in a fifty dollar ($50 .00) fine per occurrence. (Ord . 2000-58 , 11 -9-2000) HILLCREST AVENUE A "no parking" zone shall be established on portions of Hillcrest Avenue, from the centerline of the intersection of Hillcrest Avenue with Sunset Avenue, one hundred fifty seven feet ( 157') west to a distance of one hundred fifty nine feet ( 159') east from the intersection of Hillcrest Avenue and Center Parkway as depicted in the drawing attached to ordinance 1995-18 on file in the office of the city clerk, incorporated herein by reference and made a part hereof as exhibit A, and from the centerline of Center Parkway West six hundred fifty two feet (652') west, and two hundred seventy feet (270') going south tothe centerline of the intersection of Hillcrest Avenue and Leisure Street as depicted in said drawing incorporated herein by reference and made a part hereof as exhibit A. Violation of this provision shall result in a fine of twenty five dollars ($25.00) per occurrence. (Ord . 1995-18, 6-22-1995) ILLINOIS ROUTE 47 A. Parking will be prohibited on both sides of Illinois Route 47 extending five hundred feet (500') both north and south of Cannonball Trail Road . 1 . Any person , firm , or corporation violating the provisions of this subsection A shall be fined not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500 .00) for each offense. (Ord . 2001 -15, 4-12-2001 ) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id= 16143&keywor... 12/4/2008 Sterling Codifiers, Inc. Page 4 of 12 B . There shall be no parking along the west side of Route 47 (park side) from West Main Street to West Center Street during the hours of one o'clock ( 1 :00) A. M . to five o'clock (5 :00) A. M . 1 . Violation of this subsection B shall result in a fifty dollar ($50 .00) fine per occurrence . (Ord . 2000-30 , 6-22-2000) JOHN STREET A "no parking" zone shall be created on the south side of John Street commencing at Chestnut Lane and running continuously to Evergreen Lane. (Ord . 2005-67, 8-9-2005, eff. 8-9-2005) KING STREET A "no parking" zone shall be created along both the west side and the east side of King Street commencing at the intersection of King Street and River Street and continuing north to the intersection of King Street and Main Street in the city. (Ord . 1987-6, 5-28-1987) MILL STREET A. A "no parking" zone shall be established on the east side of Mill Street running northerly from Route 126 to the intersection of Walter Street. Violation of this subsection A shall result in a twenty five dollar ($25.00) fine per occurrence. (Ord . 1995-17, 5-25-1995; amd . Ord . 2001 -37, 6-14-2001 ) B . A "no parking" zone on the paved/hard surface on both sides of Mill Street between Van Emmon Road and Fox Street, in Yorkville, except for vehicles of emergency personnel during emergencies or other emergency vehicles during an emergency. The public works department is directed to prepare and install "No Parking" signs at this location . Violation of this subsection B shall result in a fifty dollar ($50.00) fine per occurrence. (Ord . 2001 -37, 6- 14-2001 ) RIVER STREET It shall be unlawful to park a motor vehicle on the following portions of River Street: Commencing at the east corner of the intersection of Church Street and River Street along River Street to a point one hundred feet ( 100') immediately west of its intersection with Bridge Street, now known as Route 47, in the city. On the south side of River Street commencing at the western edge of the city limits running easterly alongthe south side of River Street to its intersection with Bridge Street, commonly known as Route 47, in the city. On the north side of River Street commencing at the western edge of the city limits running easterly along the north side of River Street to its intersection with Church Street. (Ord . http://sterling.webiness.coin/codebook/getBookData.php?id=&chapter_id= 16143 &keywor... 12/4/2008 Sterling Codifiers, Inc. Page 5 of 12 1987-65 5-28-1987) ROSENWINKEL STREET A "no parking" zone shall be created on the north and south sides of Rosenwinkel Street between Route 47 and a point two thousand feet (2,000') east of Route 47. (Ord . 2008-19, 3-11 -2008) SOMONAUK STREET The city council and the mayor of the city hereby create and authorize the installation of "No Parking" signs on each side of Somonauk Street from Church Street on the east to the end of the Game Farm property on the west instanter. (Ord . 1984-10 , 8-9-1984) A "no parking" zone shall be created on the north side of Somonauk Street between Route 47 and Bristol Avenue and on the south side of Somonauk Street between Route 47 and Colton Street. (Ord . 2007- 100 , 12-18-2007) SYCAMORE ROAD A. Parking will be prohibited on both sides of Sycamore Road from U .S . Route 34 to three hundred feet (300') south . B . Any person, firm , or corporation violating the provisions of subsection A of this entry shall be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars ($ 100 .00) for each offense. (Ord . 1998-24, 8-13-1998) C. A "no parking" zone shall be created on the east and west of Sycamore Street between Route 34 and John Street. (Ord . 2005-67, 8-9-2005 , eff. 8-9-2005) U . S . ROUTE 34 A. Parking will be prohibited on both sides of U .S . Route 34 for the length of eight hundred feet (800') both east and west of Sycamore Road . B . Any person , firm , or corporation violating the provisions of subsection A of this entry shall be fined not less than twenty five dollars ($25 .00) nor more than one hundred dollars ($ 100.00) for each offense. (Ord . 1998-24, 8-13-1998) VAN EMMON STREET A. Prohibited Parking Areas: It shall be unlawful to park anyvehicle on the following portions of Van Emmon Street: http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id= 16143&keywor. .. 12/4/2008 Sterling Codifiers, Inc. Page 6 of 12 On the south side of Van Emmon Street westerly from the intersection of Van Emmon Street and Heustis Street within the corporate limits of the city. (Ord . 1974-66 , 9-12-1974) On the north side of Van Emmon Street between the westerly line of Mill Street and the easterly line of Heustis Street. ( 1994 Code) On each side of West Van Emmon Street commencing at its intersection with State Street and continuing westerly for four hundred twenty feet (420'). (Ord . 1987-6, 5-28-1987) On both sides of East Van Emmon Street from the east corporate limits and proceeding westerly for five hundred feet (500'). (Ord . 1990-18A, 6-28-1990) WALNUT STREET A. Parking will be prohibited on both sides of Walnut Street from Illinois Route 47 ( Bridge Street) to one hundred fifty feet ( 150') east. B . Any person , firm, or corporation violating the provisions of subsection A shall be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars ($ 100 .00) for each offense. (Ord . 1997-9, 4-10-1997) WEST CENTER STREET A. There shall be no parking on the south side of West Center Street (park side) from Route 47 to a point eighty feet (80') from the corner of the intersection of Route 47 and West Center Street during the hours of one o'clock ( 1 :00) A. M . to five o'clock (5:00) A. M . 1 . Violation of this subsection A shall result in a fifty dollar ($50 .00) fine per occurrence. (Ord. 2000-30, 6-22-2000) WEST JOHN STREET A "no parking" zone on West John Street from Cannonball Trail to its terminus between the Kendall County courthouse and jail , except for vehicles of emergency personnel during emergencies or other emergency vehicles during an emergency. Violation of this provision shall result in a fifty dollar ($50 .00) fine per occurrence. (Ord . 1999-24, 12-2- 1999) WEST MAIN STREET A. There shall be no parking on the north side of West Main Street (park side) from Route 47 to a point eighty feet (80') from the corner of the intersection of Route 47 and West Main Street during the hours of one o'clock ( 1 :00) A. M . to five o'clock (5:00) A.M . 1 . Violation of this subsection A shall result in a fifty dollar ($50.00) fine per occurrence. (Ord . 2000-30 , 6-22-2000) http://sterling.webiness.com/codebook/getB ookData.php?id=&chapter_id= 16143&keywor. . . 12/4/2008 Sterling Codifiers, Inc. Page 7 of 12 The section below has been affected by a recently passed ordinance , 2008-74 - GENERAL PENALTY. Go to new ordinance. 6-2-3 : ADDITIONAL PARKING PROHIBITIONS : A. Bicentennial Park And Recreation Area: 1 . Prohibited Parking Areas Described : It shall be unlawful to park any motor vehicle on the following described premises or area: Hydraulic Avenue easterly from the 131 East Hydraulic Avenue terminus, and the Bicentennial park and recreation area, excepting the parking area therein designated , to the easterly boundary line of the city limits, by the director of public works by an appropriate sign as being the parking lot for the general public. (Ord . 1976-34, 5-27-1976; amd . 1994 Code) 2 . Signs Posted: The corporate authorities, and particularly the director of public works, of the city, are hereby authorized and required to place and maintain , or cause to be placed and maintained , at or near the curb line of the property on which parking is prohibited , "No Parking" signs; said signs to be located in such positions and to be provided with letters of a size to be clearly legible in conformance with the "State Manual and Specifications" for such signs. (Ord . 1976-34, 5-27-1976) 3. Enforcement And Penalty: The police department is hereby directed to enforce the provisions of this subsection A, and any person violating any of the provisions hereof shall be fined as provided in section 1 -4-1 of this code. (Ord . 1976-34, 5-27-1976 ; amd . 1994 Code) B . School Zones: 1 . Prohibited Parking Area And Time Designated : It shall be unlawful to park any motor vehicle, other than a school bus, on the north side of Center Street from the intersection of Church Street to the intersection of King Street and upon the west side of Church Street from the intersection of Somonauk Street to Center Street between the hours of three o'clock (3:00) P. M . and four o'clock (4:00) P. M . , Monday through Friday in the city. (Ord . 1973-48, 9-13-1973) 2. Signs Posted : The corporate authorities, and particularly the director of public works, of the city, are hereby authorized and required to place and maintain , or cause to be placed and maintained , at or near the curb line of Center Street and Church Street, within the prohibited parking area aforesaid , signs reading "No Parking _ 3:00 P. M . to 4:00 P. M. _ Monday through Friday", said signs to be located in such positions and to be provided with letters of a size to be clearly legible in conformance with the "State Manual and Specifications" for such signs. 3. Enforcement And Penalty: The city police department is hereby directed to enforce the provisions of this subsection B , and any person violating any of the provisions of this subsection shall be fined as provided in section 1 -4-1 of thiscode for each offense. (Ord . http://sterl ing.webiness.com/codebook/getBookData.php?id=&chapter_id= 16143&keywor... 12/4/2008 Sterling Codifiers, Inc. Page 8 of 12 1973-48, 9- 13-1973; amd. 1994 Code) C. Beecher Community Building Property: 1 . Prohibited Parking Areas Described : A "no parking" zone shall be created on any grassy area of the Beecher community building property located at 908 Game Farm Road . 2 . Violation And Penalty: Any violation of this subsection C shall result in a fine of twenty five dollars ($25 .00 ) to any person charged hereunder; and the city shall further be allowed the right to tow any vehicles from said "no parking at any time" zone, that are parked in violation thereof, and assess to the owner or driver of said vehicle, any and all reasonable towing charges as are billed to the city. (Ord . 1991 -8 , 4-25-1991 ) D. City Parkways: 1 . Prohibited Parking Area Described : Parking shall be prohibited on all city parkways in the area between the curb and sidewalk area, at all times. 2. Violation And Penalty: Any violation of this subsection D shall result in a fine of fifty dollars ($50.00) to any person charged hereunder and the city shall further be allowed the right to tow any vehicle from said "no parking" zones that are parked in violation thereof and assess reasonable towing charges as are billed to the city, to the owner or driver of said vehicle. (Ord . 1991 - 13, 8-8-1991 ) E. Bristol-Kendall Fire Station: 1 . Prohibited Parking Area Described: A "no parking" zone shall be established on the east side of the Bristol-Kendall fire station from the north edge of Fox Road to Van Emmon Street except for vehicles of emergency personnel during emergencies or other emergency vehicles during an emergency. 2. Violation And Penalty: A violation of this subsection E shall result in a fifty dollar ($50 .00) fine per occurrence. (Ord . 1995-21 , 8-10-1995) F. Parking Of Nonmotorized Vehicles: There shall be no parking permitted on city rights of way or city streets, for detached nonmotorized vehicles of any kind , including , but not limited to, trailers, semitrailers , utility trailers, construction equipment, and any other detached nonmotorized type vehicle except for construction or business nonmotorized vehicles that are parked at an active construction site ("active" being defined as "work is being conducted at the location on the same day") in which case the nonmotorized vehicle may be parked during daylight hours, must be removed before dark and must be secured by chocks upon both left and right side tires and shall be identified by cones, placards or other warningdevice placed both in front and behind the nonmotorized vehicle. Violation of this subsection shall result in a fine of fifty dollars ($50.00 ) per occurrence. (Ord . 2006-45, 6-13- 2006) http:/✓sterling.webiness.com/codebook/getBookData.php?id=&chapter_id= 16143&keywor. .. 12/4/2008 Sterling Codifiers, Inc. Page 9 of 12 G . Parking After Snowfall: 1 . There shall be no parking on any city streets in the united city of Yorkville, except for emergency vehicles during emergencies, after a snowfall of more than two inches (2"). 2. There shall be no parking on any city street in the united city of Yorkville after a two inch (2") snowfall for twenty four (24) hours after the snowfall has ended . 3. The public works department is directed to prepare and install signs throughout the community regarding this subsection G . 4. Violation of this subsection G shall result in a fifty dollar ($50.00) fine per occurrence. 5. Additionally, the city shall further be allowed the right to tow any illegally parked vehicle and to assess to the owner or driver of said vehicle any and all reasonable towing charges as are billed to the city. (Ord . 2002-33, 9-24-2002) The section below has been affected by a recently passed ordinance, 2008-74 - GENERAL PENALTY. Go to new ordinance. 6-2-4: TWO HOUR TIME LIMIT PARKING : A. The following areas shall be designated for two (2) hour parking and no vehicle shall be parked upon said designated areas for more than two (2) consecutive hours between the hours of six o'clock (6:00) A. M . and eight o'clock (8:00) P. M . daily, including Sundays and holidays: City parking lot contiguous to Van Emmon Street on the south and an alley running northerly between Van Emmon Street and Hydraulic Avenue, said city parking lot being more fully described as follows: commencing in the Southwest corner of Lot 6 in Block 12 of Black's Addition to the City of Yorkville; running thence northerly along the east line of an alley, 87 feet; thence easterly along the north line of said Lot 6 , 57 feet; thence southerly 87 feet, more or less, to the north line of Van Emmon Street; thence westerly along said Van Emmon Street, 57 feet to the point of beginning, in the City of Yorkville, Kendall County, Illinois. (Ord . 1971 -8, 6-10-1971 , eff. 7-1 -1971 ) Van Emmon Street, between the east line of an alley running between Van Emmon Street northerly to Hydraulic Avenue and midway between Bridge and Heustis Streets. Any person violating any provision of this subsection shall be fined as provided in section 1 - 4-1 of this code.(Ord . 1971 -8, 6-10-1971 , eff. 7-1 -1971 ; amd . 1994 Code) B . A "two hour parking" zone is hereby created on the north side of Hydraulic Avenue for one hundred fifty feet ( 150') commencing at its intersection with Route 47 and terminating one http://sterling.webiness.coin/codebook/getB ookData.php?id=&chapter_id= 16143&keywor... 12/4/2008 Sterling Codifiers, Inc. Page 10 of 12 hundred fifty feet ( 150') westerly thereof. (Ord . 1987-6, 5-28-1987) The section below has been affected by a recently passed ordinance , 2008-90 - PROHIBITING PARKING . Go to new ordinance. 6-2-5: PARKING PERMIT FOR THE HANDICAPPED : A. Permit Created : There is hereby created a special permit to identify handicapped individuals and to designate identified vehicles used to transport said handicapped individuals. The permit shall be known as the handicapped identification permit. The handicapped identification permit shall be issued to those individuals who meet the definition in 625 Illinois Compiled Statutes 5/1 -159. 1 . (Ord . 1981 -3, 2- 12-1981 ) B . Application For Permit; Issuance: To obtain this permit, the applicant or representative must submit an application and all necessary certification to the city clerk. Upon approval of the permit application the city clerk shall issue said permit. This permit shall be issued to anyone so qualified residing within the city. (Ord . 1981 -3, 2-12-1981 ; amd . 1994 Code) C. Privileges Of The Permit: The privileges granted in said handicapped identification permit are as follows: 1 . The bearer of said permit may display said permit through the front windshield in the near center of any vehicle licensed as an automobile or truck with class A or B license. 2. The permit authorizes the vehicle to park in an authorized on street parking space for as long as a no parking prohibition does not exist. 3. Said permit does not waive the requirement that money be placed in parking meters, wheresoever the same may be located , or from keeping the meters from allowing time to expire during the parking duration . 4. The permit does not permit parking in "no stopping", and "no standing" zones in front of or near fire hydrants, driveways, public building entrances and exits, bus stops and loading areas, or in any area where the motor vehicle constitutes a traffic hazard , and any such motor vehicle may be removed at the instruction and request of the law enforcement officer to a location designated by such officer. 5. The permit does authorize the vehicle displaying said permit to park in any parking space specifically reserved for handicapped parking. (Ord . 1981 -3, 2-12-1981 ) D. Form And Terms Of Permits: 1 . Permit Form , Place Cards: All parking permits for handicapped parking shall be issued in http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id= 16143&keywor.. . 12/4/2008 Sterling Codifiers, Inc. Page 11 of 12 the following form: a . All place cards will be three inches by nine and three-eighths inches (3" x 93/8') in size; and b. Permanent place cards for those who qualify for permanent disability pursuant to state statute shall have a blue background with white lettering ; and c. Temporary place cards for those who qualify for temporary disability pursuant to state statute shall have a red background with white lettering; and d . All place cards shall be of hanging style from rearview mirrors , two (2) sided , have the international symbol of access at least three inches (3") in height and centered on the place card , have an identification number at least one inch ( 1 ") in height, and have the identification of the issuing authority; and e. The place card shall be hung on the rearview mirror. Dashboard or visor placement is allowed when no rearview mirror is available. 2. Duration Of Permits: All permanent disability permits shall be issued for a period of two (2) years; all temporary disability permits shall not be issued for a period in excess of ninety (90) days, subject to renewal for a like period upon showing of the continued disability. (Ord . 1994-3, 2-24-1994) The section below has been affected by a recently passed ordinance, 2008-74 - GENERAL PENALTY. Go to new ordinance. 6-2-6 : RESTRICTIONS ON OVERNIGHT PARKING AND COMMERCIAL VEHICLE PARKING : A. Limitation On Parking Of Second Division Vehicles: No second division vehicle, including contractors' trailers and equipment, except those with a license classification of A or B under the provisions of the Illinois vehicle code shall be parked for a period longer than one hour on any public street in a residential district, except where making a delivery or rendering a service at such premises. B . Fine: Twenty five dollars ($25 .00) per violation. (Ord . 2006-39, 5-9-2006) 6-2-7 : TOWING ILLEGALLY PARKED VEHICLES : A. The police department, and all members thereof assigned to traffic duty, are hereby http://sterling.webiness.coin/codebook/getBookData.php?id=&chapter id= 16143&keywor. .. 12/4/2008 Sterling Codifiers, Inc. Page 12 of 12 authorized to remove and tow away, or have removed and towed away by commercial towing services, any car or other motor vehicle illegally parked in any place where such parked motor vehicle creates or constitutes a traffic hazard , blocks the use of a fire hydrant or obstructs or may obstruct the movement of any emergency vehicle. B . Any car or other motor vehicle illegally parked within or upon any street or alley heretofore designated by the city to be a "no parking" zone or area where parking thereon is prohibited , may also be removed and towed away as herein provided . (Ord . 1974-73, 11 - 14-1974; amd . Ord . 2005-95, 12-13-2005 , eff. 3-1 -2006) 6-2-8 : PENALTIES : If a parking violation ticket is issued for violation of any ordinance of the city prohibiting parking in an area, and upon issuance of a notice to appear or a warrant for the arrest of the violator, and upon a plea of guilty thereon , a fine shall be assessed of ten dollars ($ 10 .00). (Ord . 1978- 6, 6-22-1978 ; amd . 1994 Code; Ord . 2005-95 , 12-13-2005 , eff. 3-1 -2006) littp:Hsterling.webiness.com/codebook/getBookData.php?id=&chapter_id= 16143&keywor.. . 12/4/2008 Sterling Codiflers, Inc. Page 1 of 10 Disclaimer: This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail . Ordinance No. 2008-74 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE , KENDALL COUNTY, ILLINOIS WHEREAS, the United City of Yorkville (the "City' ) is a non home-rule municipality in accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law; WHEREAS, the Mayor and City Council of the City have determined that it is in the best interests of the City to implement Administrative Adjudication ; and , WHEREAS, pursuant to Section 1 -13-10 of the City Code, the Administrative Adjudication process allows a Hearing Officer to impose a fine or penalty according to his or her best judgment, if no fine or penalty is expressed in the City Code, but in no event more than $750.00 per day. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 1 , Chapter 4, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following : GENERAL PENALTY: Whenever in this City Code an act or omission is prohibited or declared to be unlawful or an offense or a violation of this City Code, or whenever in this City http://sterling.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 2 of 10 Code the doing of an act is required or the failure is declared to be unlawful or an offense or a violation of this City Code, where no specific penalty is provided therefor, the violation of any such provision of this City Code is provided therefor, the violation of any such provision of this City Code is hereby declared to be an offense and shall be punishable by a fine not to exceed seven hundred fifty dollars per day ($750.00). ( 1994 Code) Section 2. Title 3, Chapter 4, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection G . Section 3. Title 3, Chapter 4, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following : All licenses granted by the Mayor or City Council for exhibitions, musical entertainments, circuses, theatrical performances, panoramas and all other shows and exhibitions where a license is required , shall contain a clause that no gaming , raffle, lottery or chance gift distribution of money or articles of value shall be connected therewith , nor allowed by the person obtaining said license, or in anywise permitted to hold out as an inducement to visitors; and when any person or persons shall be charged by a credible person with having violated the provisions of his or her license as aforesaid , the Mayor is directed to give the parties accused reasonable notice thereof and inquire into the truth of said charges, and if the accusation be sustained , he shall declare the license of such person or persons forfeited and revoke the same. (RO 1882 , Ord . , 6-18-1881 ; amd . 1994 Code) Section 4. Title 3, Chapter 4A of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 11 . Section 5. Title 3, Chapter 4B of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 11 . Section 6. Title 3, Chapter 4C, Section 9 of the United City of Yorkville Code of Ordinances is hereby amended by deleting subsection A. Section 7. Title 3, Chapter 5A, Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: http://sterling.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 3 of 10 Any violation of any section of this Article, or any fraud or deceptive practice shall be deemed grounds for the immediate dismissal of any seller, person , firm , or corporation from the marketplace by order of the City Recreation Director. (Ord . 1998-19, 5-28-1998) Section 8. Title 3, Chapter 6 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 5. Section 9. Title 3, Chapter 11 , Section 14 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following : Each day of violation shall constitute a separate and punishable offense. (Ord . 98-26, 8-27- 1998) Section 10. Title 4, Chapter 1 , Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting subsection C in its entirety and replacing it with the following: C. A person who shall neglect, fail or refuse to abate such nuisance after notice thereof, whether said notice be verbal or in writing , shall , for each twenty four (24) hours thereafter during which said nuisance continues, be subject to a like penalty as that originally incurred . (Ord . 1970-54, 3-12-1970; amd . 1994 Code) Section 11. Title 4, Chapter 2A, Section 7 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: Imposition of any penalty for a violation of this Article shall not be construed as a waiver of the right of the city to collect the costs of removal of such nuisances in accordance with the provisions of this Article, where it is necessary for the City to remove such nuisances in accordance with the provisions hereof. (Ord . 1958-40 , 6-12-58 ; 1994 Code) Section 12. Title 4, Chapter 3, Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: littp://sterl ing.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 4 of 10 Any person who shall neglect, fail or refuse to abate or remove such nuisance after notice thereof shall , for each twenty four (24) hours thereafter during which said nuisance continues, be subject to a like penalty as that originally incurred . (Ord . 1970-54, 3-12-70 ; 1994 Code) Section 13. Title 5, Chapter 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 8. Section 14. Title 6, Chapter 1 , Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection C. Section 15. Title 6, Chapter 2, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection A-3b(2). Section 16. Title 6, Chapter 2, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection A-4. Section 17. Title 6, Chapter 2, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B-5. Section 18. Title 6 , Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following : The provisions of this section regulating the parking of vehicles shall not apply to emergency vehicles while the driver thereof is engaged in the performance of emergency duties, nor shall such provision apply to persons actually engaged in repairing or otherwise improving the streets under the authority of the city council or the state, nor shall the provisions of this subsection apply to the intermittent standing of any vehicle in said prohibited area when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device. (Ord. 1974-66, 9-12-1974) Section 19. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled 'BEAVER STREET' in its entirety and replacing it with the following : http://sterling.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 5 of 10 There shall be established "no parking" zones on the south side of Beaver Street, the east side of Badger Street, the west side of Deer Street, and the north side of Wolf Street in the Fox Industrial Park. (Ord . 2001 -38, 6-28-2001 ) Section 20. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "COLONIAL PARKWAY" in its entirety and replacing it with the following : A "no parking" zone on the north side of Colonial Parkway between Illinois Route 126 and Illinois Route 47. (Ord . 2000-58, 11 -9-2000) Section 21. Title 6 , Chapter 2 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "HILLCREST AVENUE" in its entirety and replacing it with the following : A "no parking" zone shall be established on portions of Hillcrest Avenue, from the centerline of the intersection of Hillcrest Avenue with Sunset Avenue, one hundred fifty seven feet ( 157') west to a distance of one hundred fifty nine feet ( 159') east from the intersection of Hillcrest Avenue and Center Parkway as depicted in the drawing attached to ordinance 1995-18 on file in the office of the city clerk, incorporated herein by reference and made a part hereof as Exhibit A, and from the centerline of Center Parkway West six hundred fifty two feet (652') west, and two hundred seventy feet (270') going south to the centerline of the intersection of Hillcrest Avenue and Leisure Street as depicted in said drawing incorporated herein by reference and made a part hereof as Exhibit A. (Ord . 1995- 18 , 6-22-1995) Section 22. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "ILLINOIS ROUTE 47" in its entirety and replacing it with the following : A. Parking will be prohibited on both sides of Illinois Route 47 extending five hundred feet (500') both north and south of Cannonball Trail Road . B. There shall be no parking along the west side of Route 47 (park side) from West Main Street to West Center Street during the hours of one o'clock ( 1 :00) A. M . to five o'clock (5:00) A. M. Section 23. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "MILL STREET" in its entirety and replacing it with the following : A. A "no parking" zone shall be established on the east side of Mill Street running northerly from Route 126 to the intersection of Walter Street. (Ord . 1995-17, 5-25- 1995; amd . Ord . 2001 -37, 6. 14-2001 ) B . A "no parking" zone on the paved/hard surface on both sides of Mill Street between Van Emmon Road and Fox Street, in Yorkville. The public works department is directed to prepare and install "No Parking" signs at this location. (Ord . 2001 -37, 6-14-2001 ) Section 24. Title 6 , Chapter 2 , Section 2 of the United City of Yorkville Code of Ordinances http://sterling.webiness.coin/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 6 of 10 is hereby amended by deleting paragraph titled "SYCAMORE ROAD" in its entirety and replacing it with the following : A. Parking will be prohibited on both sides of Sycamore Road from U .S . Route 34 to three hundred feet (300') south . B. A "no parking" zone shall be created on the east and west of Sycamore Street between Route 34 and John Street. (Ord . 2005-67, 8-9-2005, eff. 8-9-2005) Section 25. Title 6, Chapter 2 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "U .S. ROUTE 34" in its entirety and replacing it with the following: A. Parking will be prohibited on both sides of U .S . Route 34 for the length of eight hundred feet (800') both east and west of Sycamore Road . (Ord. 1998-24, 8-13-1998) Section 26. Title 6, Chapter 2 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "WALNUT STREET" in its entirety and replacing it with the following: Parking will be prohibited on both sides of Walnut Street from Illinois Route 47 ( Bridge Street) to one hundred fifty feet ( 150') east. (Ord . 1997-9 , 4-10-1997) Section 27. Title 6, Chapter 2 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "WEST CENTER STREET" in its entirety and replacing it with the following : There shall be no parking on the south side of West Center Street (park side) from Route 47 to a point eighty feet (80') from the corner of the intersection of Route 47 and West Center Street during the hours of one o'clock ( 1 :00) A. M. to five o'clock (5:00) A. M . Section 28. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "WEST JOHN STREET" in its entirety, and replacing it with the following : A "no parking" zone on West John Street from Cannonball Trail to its terminus between the Kendall County courthouse and jail . (Ord . 1999-24, 12-2-1999) Section 29. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "WEST MAIN STREET" in its entirety and replacing it with the following : There shall be no parking on the north side of West Main Street (park side) from Route 47 to a point eighty feet (80') from the corner of the intersection of Route 47 and West Main Street during the hours of one o'clock ( 1 :00) A. M. to five o'clock (5 :00) A. M . (Ord . 2000-30 , 6-22-2000) Section 30. Title 6, Chapter 2, Section 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection A3. http://sterl ing.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 7 of 10 Section 31. Title 6 , Chapter 2, Section 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B3. Section 32. Title 6, Chapter 2 , Section 3, Subsection C of the United City of Yorkville Code of Ordinances is hereby amended by deleting said subsection in its entirety and replacing it with the following : 1 . Prohibited Parking Areas Described : A "no parking" zone shall be created on any grassy area of the Beecher Community Building property located at 908 Game Farm Road . 2. The city shall be allowed the right to tow any vehicles from said "no parking at any time" zone, that are parked in violation thereof, and assess to the owner or driver of said vehicle, any and all reasonable towing charges as are billed to the city. (Ord. 1991 -8, 4-25-1991 ) Section 33. Title 6, Chapter 2, Section 3, Subsection D of the United City of Yorkville Code of Ordinances is hereby amended by deleting said subsection in its entirety and replacing it with the following : 1 . Prohibited Parking Areas Described : Parking shall be prohibited on all city parkways in the area between the curb and sidewalk area , at all times. 2. The city shall be allowed the right to tow any vehicles from said "no parking" zones that are parked in violation thereof, and assess to the owner or driver of said vehicle, any and all reasonable towing charges as are billed to the city. (Ord . 1991 -8, 4-25-1991 ) Section 34. Title 6 , Chapter 2 , Section 3, Subsection F of the United City of Yorkville Code of Ordinances is hereby amended by deleting said subsection in its entirety and replacing it with the following : Parking of Nonmotorized Vehicles: There shall be no parking permitted on city rights of way or city streets, for detached nonmotorized vehicles of any kind , including , but not limited to, trailers, semitrailers, utility trailers, construction equipment, and any other detached nonmotorized type vehicle except for construction or business nonmotorized vehicles that are parked at an active construction site ("active" being defined as "work is being conducted at the location on the same day") in which case the nonmotorized vehicle may be parked during daylight hours, must be removed before dark and must be secured by chocks upon both left and right side tires and shall be identified by cones, placards or other http://sterling.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 8 of 10 warning device placed both in front and behind the nonmotorized vehicle. (Ord . 2006-45, 6- 13-2006) Section 35. Title 6 , Chapter 2, Section 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection G-4. Section 36. Title 6 , Chapter 2, Section 4 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following : A. The following areas shall be designated for two (2) hour parking and no vehicle shall be parked upon said designated areas for more than two (2) consecutive hours between the hours of six o'clock (6:00) A. M . and eight o'clock (8 :00) P. M. daily, including Sundays and holidays: City parking lot contiguous to Van Emmon Street on the south and an alley running northerly between Van Emmon Street and Hydraulic Avenue, said city parking lot being more fully described as follows: commencing in the Southwest corner of Lot 6 in Block 12 of Black's Addition to the City of Yorkville; running thence northerly along the east line of an alley, 87 feet; thence easterly along the north line of said Lot 6, 57 feet; thence southerly 87 feet, more or less, to the north line of Van Emmon Street; thence westerly along said Van Emmon Street, 57 feet to the point of beginning , in the City of Yorkville, Kendall County, Illinois. (Ord . 1971 -8 , 6-10-1971 , eff. 7-1 -1971 ) Van Emmon Street, between the east line of an alley running between Van Emmon Street northerly to Hydraulic Avenue and midway between Bridge and Heustis Streets. B. A "two hour parking" zone is hereby created on the north side of Hydraulic Avenue for one hundred fifty feet ( 150') commencing at its intersection with Route 47 and terminating one hundred fifty feet ( 150') westerly thereof. (Ord . 1987-6, 5-28-1987) Section 37. Title 6 , Chapter 2 , Section 6 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B . Section 38. Title 6, Chapter 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 8. Section 39. Title 6, Chapter 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 7. Section 40. Title 7, Chapter 1 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following : l ittp://sterl ing.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 9 of 10 All trees hereafter placed upon or along any sidewalk in the city shall be placed six feet (6') from the outside of the street or back of curb and at least fifteen feet ( 15') apart. (RO 1882, Ord . , 7-14-1881 ; amd . 1994 Code) Section 41. Title 7, Chapter 4, Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection E in its entirety and replacing it with the following : Animal Biting Person: It shall be unlawful for any person to have a dog or any other animal bite or otherwise injure a person . Section 42. Title 7, Chapter 5, Section 9 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection C-2. Section 43. Title 7, Chapter 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 14. Section 44. Title 8 , Chapter 1 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection D. Section 45. Title 8, Chapter 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 7. Section 46. Title 8 , Chapter 3, Section 4 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: No such person shall be liable for the penalty herein provided until after he has received a notice from the City Clerk, by mail or in person , of the fact that a building owned or occupied by him does not have the proper number to comply with this chapter. http://sterling.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 10 of 10 Section 47. This Ordinance shall be in full force and effect upon its passage, approval , and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this 26th day of August, A. D. 2008 . Jacquelyn Milschewski, City Clerk ROBYN SUTCLIFF aye JOSEPH BESCO aye ARDEN JOSEPH PLOCHER aye WALLY WERDERICH aye GARY GOLINSKI ---- MARTY MUNNS aye ROSE ANN SPEARS aye BOB ALLEN aye Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 26th day of August, 2008. Valerie Burd , Mayor http://sterl ing.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 1 of 1 This section has been affected by a recently passed ordinance, 2008-36 - ADMINISTRATIVE ADJUDICATION . Go to new ordinance. 7-4-12: RESTRICTIONS TO VEHICLE PARKING : A. Public Nuisance; Towing Away: Any vehicle parked or standing on City park property in violation of any law, ordinance, or rule is hereby declared to be a public nuisance. Such vehicle may be removed and the owner or person entitled to possession of the vehicle shall be liable for all towing, storage and other charges arising out of any action taken hereunder. B. Parking On Sod Or Dirt: No person shall park or drive any vehicle on City park property on any area covered by sod , dirt or other areas not designed for such traffic or usage unless permitted to do so by the Director of Public Works or City Police Department, without a written permit from the City. C. Posted Areas: No person shall drive or park any vehicle in any area which is posted to prohibit or restrict such. D. Vehicles Obstructing Traffic Or Boat Landings: No vehicle may be left unattended on any roadway on City park property or obstruct a boat landing or traffic. E. Handicapped Parking Areas: No person shall park a vehicle on City park property in a handicapped reserved space unless such vehicle is clearly marked by a handicap sign or license plate duly issued by the State or local government body. F. Prohibited Parking Areas: No person shall park any vehicle adjacent to a curb painted yellow which shall constitute a prohibited parking area. G. Vehicles Or Animals On Sidewalks: No person shall drive a vehicle or ride an animal on any sidewalk on City park property. H . Violation; Fines: Parking violations shall be paid within five (5) days of issuance, at a fine set by the City. All fines unpaid after five (5) days shall be subject to a penalty, and processed within the court system or other measures of collection as approved by the City. I . Registered Owner Responsible For Fine: It shall be the responsibility of the registered owner of any vehicle parked in violation of this Section to comply with the payment of the prescribed fines, and it shall not be an affirmative defense that the vehicle was not under his/her control at the time of violation. J. Current Use Of Facilities: No person shall allow a vehicle to be parked on City park property while the operator or occupants are not currently using the facilities of the City or participating in its programs, or during the hours the facility is closed to the public. (Ord . 1995-11 , 4-13-1995) http://sterling.webiness.com/codebook/getB ookD ata.php?id=&section_id= 135734&keywo.. . 12/5/2008