Plan Commission Packet 2008 06-11-08 C/pJ, United City of Yorkville
0
800 Game Farm Road
EST. `� _ sss Yorkville, Illinois 60560
Telephone: 630-553 -4350
Fax: 630-553 -7575
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PLAN COMMISSION
AGENDA
Wednesday, June 11 , 2008
City Council Chambers
800 Game Farm Road
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous Meeting Minutes: None
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Public Hearings:
1 . PC 2008-11 HRM Properties & Development, LLC, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Planned
Unit Development Agreement. The real property consists of 6. 14 acres, located at the
northeast corner of Cannonball Trail and US Route 34, Bristol Township, Kendall County,
Illinois. 60560.
Action Items
- Amendment to the Planned Unit Development
2. PC 2008-13 Cross Evangelical Lutheran Church, petitioner, has filed an application
with the United City of Yorkville, Kendall County, Illinois, requesting annexation and
zoning from Kendall County A-1 farm special use PUD allowing for uses within R- 1
Single Family Residence and B-3 Service Business Districts. The real property
consists of 25 acres, located at 7481 Mill Road, Oswego, Illinois, 60543 .
Action Item
- Zoning
- Annexation
New Business
3 . PC 2008-12 Anthony Zangler and Nicole Zangler, petitioners, have filed an application
with the United City of Yorkville, Kendall County, Illinois, requesting a preliminary
plan and final plat for a 2 lot subdivision. The real property consists of 5.7 acres, located
at 96 Quinsey Lane, Yorkville, Illinois, 60560.
Action Item
Preliminary Plan
- Final Plat
4. PC 2008-15 Jason Poppen, Tom Zanck, Bob Wegener, petitioners, have filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting a
preliminary plan and final plat for a 2 lot subdivision. The real property consist of
2.88 acres, located at 651 Prairie Pointe Drive, Yorkville, Illinois, 60560.
Action Items
- Preliminary Plan
- Final Plat
5. PC 2008-17 The United City of Yorkville, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting a preliminary plan and final
plat. The real property consists of 3 .540 acres, located at 185 Wolf Street, Yorkville, Illinois,
60560.
Action Items
Preliminary Plan
Final Plat
Plan Council
May 22, 2008
Attendees:
Joe Wywrot, City Engineer Charles Wunder, Urban Planner
Stephanie Boettcher, Sr. Planner Jackie Dearborn, Civil Engineer
Anna Kurtzman, Zoning Coordinator Bart Miller, Asst. City Administrator
Travis Miller, Dir. Of Comm. Development Sgt. Don Schwartzkopf, Yorkville Police
Dave Mogle, Dir. of Parks & Recreation Bill Dunn, EEI
Guests:
Mason Oliver, HRM Properties Harold Oliver, HRM Properties
Jim Koziol, Koziol Engineering Dan Kramer, Kramer Law Offices
Gregg Ingemunson, Attorney Tony Zangler, Petitioner
Craig Duy, Smith Engineering
The meeting was called to order at 9:05 am by Joe Wywrot. April 24 minutes
were approved as written.
Cannonball Trails — Amendment to PUD
The petitioner seeks an amendment to the PUD with changes to the site plan and
end users. The gas station, service station, and drive through facility should go through
the special use permitting process. The gas service station would not be in compliance
with operation hours between 6 AM and 12 PM. The site plan is proposing three signs,
which is not compliant with original agreement language. Ms. Boettcher also is asking
for additional landscaping at the northern and eastern areas of the parcel.
According to the zoning ordinance, the commercial driveway north of Rt. 34
should be a minimum of 200' to the nearest intersecting street right-of-way, which is not
on the plan.
Ms. Kurtzman stated that section 8B of the agreement may need to be amended, if
the 400' separation between building and northern lot line is not met and if the minimum
parking lot setback of 45 feet from Rt. 34 right of way line is not met. She will be
commenting to the petitioner regarding the facade exhibit. Per the petitioner, these lots
will be subdivided.
A sign program will be provided as part of the PUD agreement. Harold Oliver
will present Ms. Kurtzman with data on current childcare facilities, in regards to their
locations, square footage of operations, and parking lot spaces needed. The Illinois
Accessibility Code will be followed per the petitioners' okay.
Bill Dunn stated his concern that there be a deceleration lane for traffic traveling
south on Cannonball Trail to Rt. 34. Ingress and egress should not be in conflict with
internal intersecting circulation drives. He suggested that traffic should dead end by the
east end of the parking bay and "dead end" signage should be placed in these areas.
Mr. Dunn needs to see the amenities in the southwest easements, to make sure no
amenities are potentially in the easement areas. He would like to see the storm water
analysis and does not know, for certain, the value in the northeastern detention basin.
1
The site plan dated 4-22-08 proposes two hundred feet when measured from
driveway edge to the nearest intersecting street right of way line. The first commercial
driveway going north from Route 34 is only 185 ', which is not in compliance with
Zoning ordinance 10- 11 -3. Staff is proposing a right in / right out at the northern most
entrance to Cannonball Trails.
A cross access easement onto the adjacent property to the east should be provided
by the petitioner.
Setback issues for gas station underground tanks should be addressed. The
petitioner is proposing an eat-out area for the restaurant in the retail center. Reciprocating
parking over all lots is also to be addressed by petitioner.
The 231 .90 ` strip of land on the west side of the proposed kinder care will be
dedicated to the city.
A re-submittal will be submitted by May 29. This will be presented at the June 11 plan
commission.
Zangler Woods Subdivision — Preliminary /Final Plat
This property is being annexed to the city. Staff will put a provision in the
annexation agreement stating, for zoning purposes that the north boundary of Lot 2 will
be for establishing the setback lines. This will be clarified in the plan commission staff
report.
An existing 30 foot easement has been dedicated (one edge along west property
line) and a note states the 10 foot easement has been granted — which is already within
the boundaries of the agreement. There is no additional room in this easement, and Joe
seeks an additional 10 feet of easement immediately to the east. The east west easement
should be shifted further to the south — 30 feet. Standard "city" easement language
should be used.
Quinsy Lane homeowners would like to have city water, because their wells are
drying up. Mr. Wywrot stated a thirty feet easement would be adequate to drop water
and sanitary pipes into the ground. The city will create documentation and dimensions
for the easement. The term would expire Sept. 1 , 2009 after the execution of the
annexation agreement.
The petitioner wishes to have pool and the 10 foot easement will be on either side
of the pool and the house. Mr. Wywrot will look at plat of survey and the topography of
the property. This will help Mr. Wywrot and the petitioner come to an agreement for
placement of the easement.
Mr. Ingemunson asked about the 5 ' typical easement along the southern most
boundary of the property. The petitioner hopes to put a pier along the river, and staff is
not opposed to having a pier built here.
This will go to the Plan Commission on June 11 .
Prairie Pointe Lot 2 Subdivision — Preliminary /Final Plat
Ms. Boettcher would like a location map for the plan commission packet. The
petitioner will be adding parking lot setbacks along McHugh Rd. and Countryside
Parkway.
2
The petitioner does not know what will be proposed for Lot 2. Mr. Wywrot does
not know where easements should be located with no site plans. It may be necessary to
dedicate the easements at the time of site plan approval. Blanket easements were
suggested by Ms. Kurtzman.
Credit may be established for off site parking. Without site plans, this would have
to be considered a stand alone lot or revising the access points, which could eliminate
some parking spots needed. The dumpster placement could perhaps eliminate additional
parking spaces. Minimum parking must be provided for, cross parking agreements or a
blanket easement should be available, or a variance should be applied for.
The petitioner will depict a front yard along the southern lot line of Lot 2, but in
doing so, the plan commission/ city council will need to grant a waiver of the subdivision
control ordinance. Staff is ok with this recommendation.
Staff suggested a supplemental site plan showing access to Lot 2. This will be
submitted by May 29.
This will be at Plan Commission on June 11 .
Betz wiser — Final Plat
Staff discussed the final plat of Subdivision prepared by EEI, for the Betzwiser
property. It is in the Fox Industrial Park off Wolf and Badger Streets.
This item will be at the June 11 Plan Commission for consideration.
Minutes submitted by Annette Williams
3
D °"'o United City of Yorkville
8° 800 Game Fatal Road
Yorkville, Illinois 60560
ioryt`~ o Telephone: 630-553-4350
Fax: P 630-553 -7575
PC #
FIRST AMENDED APPLICATION & PETITION TO AMEND
ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
Development Name: Cannonball Trails Date of Submission: 4/ 25 / 2008
1 . Name ofPetitioner(s): HRM Properties & Development LLC
Address: 300 N . Lake St, Montgomery , IL 60538
Phone Number: 630-859- 1044 Fax Number: 630 -859 - 0813
Email Address: moliver @masoncorpinc . com
Relationship of Petitioner(s) to subject property:
O)Ctwner 0 Developer 11 Contract Purchaser
2. Name of holder of legal title, if different from #1 : First National Bank of Ottawa
Trust # 2466
If legal title is held in a Land Trust, list the names of all holders of any beneficial interest
therein: _ Harold R 019 var —Rebecca pt ; ver
3. a). Street address and physical location of subject property: NBC of Cannonball Tr .
and US Route 34
b). Legal description of property; attach as Exhibit W.
c). Total Acreage: 6 . 14
d): Kendall County Parcel Number(s) of property: 02- 29 - 1 00 - 005
02- 29- 100 - 004
e). Current Zoning Classification: PUD , Office -District , B- 1 Business , & B-2 Business Dist .
f). Zoning Classification Requested if changing zoning: City of Yorkville PUD Zoning Classification
4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition
under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit "B".)
Page I of,l
United City of Yorkville AntendAnnexation/PUD Application Revised; II/28106
5. Date of Annexation or PUD Agreement sought to be amended: 8 / 10 / 2000
Name of Agreement: See Attached
Date of Recording: 9 / 15/ 2000
Attach a true and correct copy of agreement as Exhibit "C',
6. State the items to be amended from the existing annexation or PUD agreement.
c ; t: n 121 an,
Special Use on ; ng fa frnnF + 1 + G
See attached Exhibit " B "
7. Contact Information: Name, address, phone number, fax number, and email address of person to
whom inquiries regarding this petition may be directed:
Harold Oliver holis ftasonrnrninr ram
Ph - 630 -859 - 1044 Fax - 630- 859 - 0813
Attorney: Name: Daniel Kramer -
Address: 1107 A South Bridge St , Yorkville
Phone Number: 630-553 - 9500 Fax Number. 630- 553 - 5764
Email Address: dkramer@dankramerlaw . com
Engineer: Name: Jim Koziol
Address: 1709 Ogden Ave , Lisle , 60532
Phone Number. 630- 435 - 8686 Fax Number: 630 -435-8689
Email Address: jekaziol@aol . com
Land Planner: Name:
Address:
Phone Number: Fax Number:
Email Address:
8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary
committee meetings. An incomplete submittal could delay the scheduling of your project.
a. Original application with legal description plus 40 copies.
b. Appropriate filing fee (Please refer to page 4 of this application 'Petitioner Route,
Step 1 , Fees and/or contact the Deputy Clerk for verification of this amount).
c. Site Plan (if necessary): 40 sets folded to fit in a 10" x 13" envelope
d. One CD containing one electronic copy (pdf) of each of the signed application
(complete with exhibits) and site plan.
rage , nra
Uniled Cily or Yorkville AmendAnnuxadon/PUD Application Revised: II/2R/06
In witness whereof the following Petitioner(s) have submitted this application under oath and verify that to
the best'of their knowledge its contents are true and correct and swear that the property to be annexed IS
oontiguous to the Unhed City of Yorkville,
Rate: 'April •24, 2006
Petitioner(s) Signature: (All legal property owners of record signatures must appear on this application,)
ri• • t Natrona-1 Sank of Ottawa , IL ; as" Trustee; Land' Trust (12466
Mar lc rinavan, Trust Officer Afitest : ' ct 1 Y1`�IYwa+ "
. Mary' G. McAlpine , Aset. Trust Officer
Sub9crioed and sworn to before me this 24th day of April 200 B
Notary Seal
TNISAPPUCATIONAfUST BE NOTARIZED,
°OFFICIAL SEAL'
Carol t, wells
Notary Public, State of I01nois
My Commission Expliesdaa, 23, 2011
Pagc 3 vr4
Uahcd City vfx'vr AIv AlnondAnnoxullon8'Uo Appiicnlinn Rcv44od: 11128/06
Z0 /Z0 39dd 1dAa isnai LOE817Eb910 99 : 91 B8OZ /bZ/b0
I
AMENDMENTTO
ANNEXATION OR PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
PETITIONER ROUTE
Step 1 : Petitioner must submit a completed application, fees" and all pertinent materials to the Deputy
Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for
making submittals to other review agencies such as Kendall County, Illinois Department of
Transportation, Illinois Department of Natural Resources, U.S. Army Carps of Engineers, etc., to allow
timely review by City.
`Fees: 1 . a. Annexation/PUD Amendment - $500
b. Deposit for Outside Consultants - under 2 acres = $1 ,000
2 to 10 acres = $2,500
over 10 acres = $53000
Note: Owner/Developer will be responsible for-payment of recording fees and
costs, public hearing costs Including a written transcription of public
hearing and outside consultant costs (i.e. legal review, land planner,
zoning coordinator, environmental, etc.). Should Owner/Developer not
pay these fees directly, they will be responsible for reimbursing the United
City of Yorkville for the aforementioned fees and costs.
Note: You must present your plan at each of the meetings below as indicated.
Step 2: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council
Chambers at City Hall.
A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. For
a public hearing, the petitioner shall complete and submit to the Clerk's office an application with
a legal description 45 days prior to the public hearing at the Plan Commission meeting. Notice will
be given by publication by the United City of Yorkville in the Kendall County Record at least 15
days but no more than 30 days prior to the public hearing date.
Before this amendment can move forward to Committee of the Whole, a "draft" Amendment to
Annexation or PUD Agreement must be written.
Step 3: Committee of the Whole: The Committee of the Whole meets the third Tuesday of the month at
7:00 p.m. In the Conference Room at City Hall. The project will be discussed in an informal atmosphere
at the Committee of the Whole where no formal voting takes place. This session Is to discuss and
consider recommendations of prior committee meetings and for review of the draft amended agreement.
Step 4: City Council for vote on the amended agreement. Any amendment to an annexation agreement,
PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by
the City Council,
Agreement:
I understand and accept all requirements, fees as outlined as well as any incurred Administrative and
Planning Consultant Fees which must be current before this project can proceed to the next scheduled
committee meeting.
Please sign and return this original (retaining a copy for your recur ) to the Deputy Clerk, United Ciry of
Yorkville, 000 Game Farm Road, Yorkville, Illinois 60560.
Signature of Petitioner
Page 4 of 4 '
United City of Yorkville AmcndAnno utinn/PUD Applicudan Revised: 11128/06
i
i
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I
Exhibit "N'
I
LEGAL DESCRIPTION
That part of the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third
Principal Meridian described as follows; Beginning at the Northeast Comer of said Northwest
Quarter, then South 88 °41'11 " West, along the South Line of Oak Knolls Subdivision, 285.05
feet to the East Line of Cannonball Trail; then South 21 04995" East along said East Line, 231 .90
feet to an angle point therein; thence South 68' 10'25" East along said East line, 5.0 feet to an
angle point therein; thence South 18 °56'06" West along said East line 118.52 feet to an angle
point; then South 21 '49'35" West along said East line 185.73 feet to an angle point; then South
45 ' 10'25" East along said East line 73 .20 feet to the Northerly line of US Route No. 34; then
Easterly along said Northerly line, 462.40 feet to the East line of said Northwest Quarter; thence
North 00 '49'35" on said East line, 697.74 feet to the point of beginning in Bristol Township,
Kendall County, Illinois and containing 6.148 acres.
12
EXHIBIT "B"
NOWCOMES Petitioners, FIRST NATIONAL BANK OF OTTAWA as Trustee
under Trust #2466 as OWNER and HRM PROPERTIES and DEVELOPMENT, LLC
hereinafter referenced as DEVELOPER who as Co-petitioners herein move approval
from the United City of Yorkville City Council for approval of its First Amendment to
Planned Unit Development and Annexation Agreement dated August 10, 2000 as
follows:
1 . That the zoning set out in paragraphs 3 of the recital page 2 of said
original Annexation and PUD Agreement and paragraph 2a of page 3 of
the ordering portion of said Annexation Agreement are hereby modified
to provide that the zoning classification of the entire property shall be
United City of Yorkville Planned Unit Development Zoning.
2. That the uses provided in and permitted by said Annexation Agreement
on page 2 in paragraph 3 of the recitals page of said Annexation and
PUD Agreement shall be modified to specifically permit gas station
with car wash and convenience center; drive thru restaurants in
conjunction with restaurants as listed in Exhibit "B" of permitted uses;
and carryout /drive-in associated with carryout as permitted in the
Permitted Use List attached to the original Annexation/PUD
Agreement.
3. That paragraph 2d of said Annexation Agreement be modified to permit
the operation of a convenience store associated with the gas station use
limited to the lot located closest to the intersection of Route 34 and
Cannonball Trail Road, to 24 hour operation.
4. That paragraph 3b of said Annexation Agreement be modified to delete
any reference as to lack of capacity of the Yorkville Bristol Sanitary
District to provide sanitary sewer service to the subject property and
that Petitioners affirmatively state that all development will be
connected to City of Yorkville or Yorkville Bristol Sanitary District
sanitary sewer mains from the time of development forward.
5. We want to modify paragraph 8 of said Planned Unit Development and
Annexation Agreement to provide that building locations, architectural
guidelines, parking lot locations, and the like shall be in conformance
with the ultimate site development plan / final PUD Plan to be approved
by the United City of Yorkville, City Council, with the Amended
Annexation/PUD Agreement.
6. That paragraph 8b of said Agreement shall be modified to permit a day
care center with the setback shown on the final PUD Plan and Site
Development Plan, as well as all final engineering and final plats to be
approved with the Amended Planned Unit Development Agreement,
with no 400 foot distance having to be maintained between the daycare
center and the north boundary of the subject property.
7. That paragraph 8d of the original Planned Unit Development and
Annexation Agreement shall be modified to permit parking to be
calculated for the daycare center on the basis of prior experience with
similarly situated daycare centers built by Petitioners in the Kendall
County and Southern Kane County Area. Except to the extent
permitted for the daycare center in reference to parking the remainder of
the United City of Yorkville Zoning Ordinance as to parking standards
shall be complied with as to all other structures constructed on the real
property described in Exhibit "A".
8. Paragraph 8f of said Annexation and Planned Unit Development
Agreement shall be modified to permit landscaping as approved
together with Final Plat and Final PUD Plan as approved by the United
City of Yorkville, City Council, based upon the amended filing and uses
of Petitioner.
A&YOR ION ERS:
Attorney Daniel J. Kramer
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Memorandum
To: Plan Commission
esr — ysss From: Travis Miller and Stephanie Boettcher
CC: Annette Williams, Administrative Assistant (for distribution)
Date: June 4, 2008
Subject: PC2008-11 Cannonball Trails (Amendment to Annexation/PUD Agreement)
tE
Background:
The City approved the current Planned Unit Development and Annexation Agreement for this
property August 10, 2000 (record number 200000012562 – attached)
Summary of the Existing Plan Components:
Exhibit "D" in the 2000 PUD/Annexation Agreement, includes 2 commercial buildings with
approximately 16,000 sq. ft. of retail space along the southern portion of the property and 2
office buildings with a proposed 9,000 sq. ft of space along the northern portion of the property.
Exhibit "D" also includes a "screening berm" along the northern property line approximately 60
feet wide. The PUD/Annexation Agreement provided for Office (0) zoning with additional
specified business uses in B- 1 Limited Business District and B-2 General Business District as
permitted uses (see Exhibit "B" from the 2000 PUD/Annexation Agreement- attached).
Request:
The petitioner is requesting an amendment to the PUD with changes to the site plan (Exhibit
"D") and text amendments in the agreement related to the description of the site plan. The
proposed plan includes a 30,636 sq. ft of commercial space, an increase of approximately 6,000
sq. ft. from the original site plan. The proposed end users include a bank, gas station, day care
center, and retail space housing a drive thru business.
Staff Comments/Recommendations:
• Special Uses: The proposed plan includes a financial institution, a gasoline service
station, two drive thru businesses, and daycare facility, which are all considered
special uses under the current Zoning Ordinance. Banks and daycare facilities are
permitted uses in Exhibit "B" of the current Annexation Agreement. However, the
gasoline service station and the drive thru facilities should be
considered/reviewed as special uses as this amendment is considered. The criteria
to be considered for a special use permit in the City of Yorkville are listed on page 3.
• Signage Program: The 2000 PUD/Annexation Agreement states under Section 6:
Signage, "The CITY agrees to allow for the following signage to be used in the
development in conformance with City Ordinances: Two identification signs (one for
the commercial area not to exceed 100 square feet and one for the office area not to
exceed 100 square feet)." Given the property now proposed to function as one unit
these requirements should be reevaluated. Staff recommends requiring the
Annexation/PUD Agreement amendment include a provision requiring the
1
Comprehensive Plan Design Guideline Principle 13 be adhered to and included
as an exhibit to the agreement.
• Parking: The proposed plan is in compliance with parking stall quantities with the
exception of the proposed daycare. The Zoning Ordinance defers to the judgment of
the Zoning Administrator. In other daycare facilities, the off-street parking
requirements for a daycare facility were established by staff, as 1 parking spot per
employee plus 1 parking spot per 10 students. Currently, 38 spaces are proposed to
serve the 9,500 sq. ft. daycare facility. The petitioner have informed staff that the
Kindercare license is planned to be for 142 students and 18 staff— requiring 32
spaces. Staff requests a copy of the license be provided prior to building permit
stage (as part of the site plan approval) in order to verify these counts at that
time.
• Undersround Fuel StoraEe: Staff has received comments from concerned residents
regarding potential groundwater contamination in the event leakage occurs from the
underground fuel storage for the proposed gasoline filling station. Although not
regulated by the City of Yorkville, the regulating agency for the construction or
alteration of underground fuel storage tanks is the Office of the State Fire Marshall.
The design standards for these facilities would need to be in accordance with the
National Fire Protection Association codes (NFPA 30A: Code for Motor Fuel
Dispensing Facilities and Repair Garages — last updated in 2008) along with any
additional provisions specified by the State Fire Marshall for the particular site.
• Engineering:
Bill Dunn, EEI has reviewed the submittal (refer to June 3, 2008 report attached).
Staff has concerns regarding the close proximity of the Lot 1 northwest entrance/exit
to the Cannonball Trail entrance/exit location. Plan Council requested this entrance/exit
be amended to an entrance only. The petitioner has modified the plan based on Plan
Council suggestions, however, the painted island proposed will do little to deter/prevent
exiting traffic from turning left toward Cannonball Trail. Staff recommends this
northwest entrance/exit to proposed Lot 1 be amended to be an entrance only.
2
Special Use Standards (10-14-6 of Zonine Ordinance)
F. Standards: No special use shall be recommended by the Plan Commission unless said Commission
shall find that:
1 . The establishment, maintenance or operation of the special use will not be unreasonably
detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the immediate
vicinity for the purpose already permitted, nor substantially diminish and impair property values
within the neighborhood.
3. The establishment of the special use will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being
provided.
5. Adequate measures have been or will be taken to provide ingress or egress so designed as to
minimize traffic congestion in the public streets.
6. The special use shall in all other respects conform to the applicable regulations of the district in
which it is located, except as such regulations may in each instance be modified by the City Council
pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74)
3
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52 Wheeler Road • Sugar Grove, IL 60554 '..
TEL: 630 1466-9350 '..
FAX: 630 1466.9380
www.eelweb.com
Engine®ring
Enterprises,
1 nc.
June 3, 2008
Mr. Joseph A. Wywrot, P. E.
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: Cannonball Trails P. U.D.
Site Plan Review #2
United City of Yorkville, Kendall County, Illinois
Dear Mr. Wywrot:
We have reviewed following materials submitted for the above-referenced project:
• Cannonball Trails Site Plan prepared by Koziol Engineering Services
consisting of one sheet revised May 23, 2008 .
• Application & Petition to Amend Planned Unit Development (PUD)
Agreement dated April 25, 2008.
• Elevation & Concept Sheet prepared by Kozial Engineering Services
consisting of one sheet dated April 25, 2008.
We offer the following comments:
GENERAL COMMENTS
1 . The revised plans have provided a continuous northbound right turn lane
along the Cannonball Trail frontage and the extension of the southbound
right turn lane back to the entrance to Kendall Marketplace. While the
separations between the two new access points and between the Kendall
Marketplace access and the north most new access point are slightly below
standards ( 185 feet versus 200 feet) as set forth in the City's Subdivision
Control Ordinance, these separations should allow traffic to function
Consulting Engineers Specializing in Civil Engineering and Land Surveying
Mr. Joseph A. Wywrot, P. E.
June 3, 2008
Page 2 of 3
normally on Cannonball Trail and allow for the ingress egress locations as
shown . It should be noted, however, that these improvements will
necessitate the relocation and reconstruction of a portion of the existing
bituminous pathway (not shown) on the west side of Cannonball Trail. An
existing traffic signal will also need to be relocated at the northeast corner of
U . S. Route 34 and Cannonball Trail. A traffic signal modification plan will
most likely need to be prepared and submitted to IDOT for review. An IDOT
Highway Permit will be required for all construction within the IDOT right-of-
way.
2. As mentioned in our previous letter, IDOT may require a right turn
deceleration lane east of the US Rte. 34 right-in/right-out access point. This
item will fall under IDOT review and jurisdiction. IDOT will also have
jurisdiction regarding any additional right-of-way or easements required of
this development. Site plans, including the design of the south detention
area, should be forwarded to IDOT for review.
3 . Utility easements are typically required on all lot sides. All on-site public
utilities and stormwater management areas should also be located within
easements(described or blanket).
4. The stormwater detention area shown on the site plan (concept) appears to
be approximately half the size of what will ultimately be required . During
Plan Council, the developer indicated that underground detention is
anticipated . Resolution of storm water management and the development
of a stormwater management plan should be a high priority during
preliminary engineering phase of this development.
5. Existing topography and contours and all proposed utilities, grading and
stormwater facilities should be developed in the preliminary engineering
phase of this development.
6. Sidewalks have been added on Route 34 and Cannonball Trail as
requested. Connections both west and south should also be shown on the
plans. (Sidewalk stubs on the NE corner of Rte 34 and Cannonball have
been constructed by Kendall Marketplace.)
7. The proposed vacuum/air pumps, pay phone and monument sign at the
southwest corner of the development should be located outside of proposed
easement areas. These items can be evaluated at Preliminary Engineering.
8. All other previous comments have been addressed .
G:\POblic\Yorkville\2008\Y00812 Cannonball TrailsOo6lwywrotSite PlanUdoc
Mr. Joseph A. Wywrot, P. E.
June 3, 2008
Page 3 of 3
SUMMARY
The petitioner/developer has been quite responsive to the issues raised in the
various review letters and the comments elicited at the Plan Council meeting.
Subject to the comments presented above, we recommend the approval of the site
plan on a conceptual basis. If you have any comments regarding the above or
require any additional information, please feel free to contact our office
Sincerely,
ENGINEERING ENTERPRISES, INC.
(/Vice'^ er
William E. Dunn, P. E.
Senior Project Manager
pc: Charles Wunder, Urban Planner
Annette Williams, Administrative Assistant
JWF/DRM, EEI
G.\PUb1ic\Yorkville\2008\Y00812 Cannonball Trai180061wywrot5ite PIan02.doc '..
CANNONBALL TRAIL
CIVIC LEAGUE
June 4, 2008
To: Anne Lucietto, Chairman, Yorkville Plan Commission
We had hoped and are still hoping that the current PUD approved by the City Council in August of 2000
would be the end of the long"history"of the northeast comer of Cannonball Trail and Route 34. The
neighborhood wanted to be able to count on this PUD. (See attached current PUD and"history.")
The current PUD would still be of economic benefit to the City of Yorkville and acceptable to the
neighbors. The current PUD provides for some transitional zoning in that the northern most 400' next to
the residences and is zoned as Office. The current PUD shows berming to also provide a buffer between
the commercial and residential areas. The remainder was approved with limited B-1 and B-2 uses. There
was no provision for approval of a gas station.
The buyer of the property knew what the PUD was when purchasing the property.
Given that this is once again up for discussion,our major concern as it was in 1997 when the gas station
proposal first appeared is the fact that the risk for ground water contamination is considered"high risk"
for all of Bristol Township and the"aquifer material"is within 5 feet of the land surface. (See attached
information page.) Homes along Cannonball Trail north of Route 34 and homes to the east of the
proposed gas station site all have private wells. Blackberry Creek which was labeled a high quality creek
by the Conservation Design Form in a study commissioned by the City Council in 2002 is only .3 of a
mile to the east. Given the large number of results on a computer search for such topics as underground
gasoline tank leaks,run off from gasoline stations,and related topics,apparently leaks are a problem. We
do not want to live with this uncertainty and potential health risk. The cost of clean up is very expensive.
Under the"Special Uses"in Yorkville's Zoning Ordinance book, "Section 10-14-6 F. Standards" it states
that"No special use shall be recommended by the Plan Commission unless said Commission shall find
that:
1. The establishment, maintenance or operation of the special use will not be unreasonably
detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted nor substantially diminish and impair
property values within the neighborhood." (See entire Special Uses section attached.)
We feel the special use request for the gas station does not meet these standards.
The Yorkville Plan Commission voted"no"for business zoning on this parcel in 2000 and we would hope
that this Plan Commission would vote for"no change"to the PUD in place which would also be a vote
for the integrity of other PUD's in place and on which citizens can� rely.
,
cc for the Cannonball Trail Civic League
630-553-7509 marice421I@aot.com
c: Clarence Holdiman,Tom Lindblom,Brian Schillinger,Jack Jones,Jeff Baker, Sandra Adams, Charles
Kraupner, School Board Representative
Resources: U.S. Geological Survey Scientific Investigations Report 2005-5122-
"Surface-Water and Ground-Water Resources of Kendall County, Illinois"
Executive Summary: Blackberry Creek Watershed
Blackberry Creek Corridor Ecological Study
Various Internet Searches
Attachments: A—History of the Northeast Corner of Cannonball Trail and Route 34
B—Current PUD
C—Risk for Groundwater Contamination Info Page
D—Special Use Zoning Ordinance
E—Aerial view of the intersection of Cannonball Trail and Route 34
showing residences to the north
A
HISTORY OF THE 6. 14 ACRE PROPERTY AT THE NORTHEAST
CORNER OF CANNONBALL TRAIL AND ROUTE 34, YORKVILLE
• Fall of 1988 zoning changed from Agriculture District to R3, Single
Family District (Kendall County zoning)
• 5 residential plots were drawn up and electrical service installed (still
there) and one brick ranch house was built
• 1991 --proposed for commercial zoning and annexation to Yorkville
(neighborhood had signed a petition to present against this proposal)
• Proposal was withdrawn from agenda just before public hearing
• Reason for withdrawal was the covenant between the landowner and the
owner of the house that stated there would be no re-zoning and other
stipulations on that property for a period of years
• Legal dispute between these two parties (landowner and owner of the
brick ranch house on the property) because the covenant had NOT been
filed by an attorney and the owner of the residence tried to get the
covenant enforced by the court
• Matter was NOT resolved--bank foreclosed on the landowner for the
remainder of the property
• 1997--Arthur Sheridan buys the property and eventually the brick ranch
house as well
• Fall of 1997--Proposal to change to Kendall County B-3 Highway
Business zoning--including a proposal for a gas station (neighborhood
once again signed petition opposing and spoke at public hearing against
the proposal)
• Kendall County Board voted "no" on the rezoning request
• Arthur Sheridan sued the county--court hearings started in January of
1999
• Kendall County Judge Wilson upheld the County Board decision (should
not change zoning)
• Case went to the appellate Court in Elgin
• March, 2000--Appellate Court upheld Judge Wilson's ruling (zoning
should not be changed to business)
• In both Judge Wilson's ruling and the Appellate Court ruling it was noted
that the neighbors objected to business zoning on the corner because of
adjacent residences--single family homes and concern for ground water
contamination
• April, 2000--Arthur Sheridan asked the Yorkville Plan commission for
annexation into Yorkville and asked for business zoning on the property
• Yorkville 's Comprehensive Plan at that time showed the corner as
Medium Density Housing (the County had it zoned for single family
homes at that time)
• April 12, 2000--Yorkville Plan commission voted against Arthur
Sheridan's proposal which was to have an Office Planned Unit
Development also allowing some uses from the B-2, B-2, and B-3
business zoning categories (without actually asking for business zoning).
His proposal was rather vague about exactly where the buildings would
be built or even how many buildings would be built.
• The proposal was discussed at the Economic Development Committee
on Tuesday, April 18, 2000, and the committee made some
recommendations.
• Proposal was on agenda for Yorkville City Council Committee of the
Whole for Thursday, April 20, 2000. Arthur Sheridan did not appear at
the meeting and had requested two more weeks for modify his plan.
• Arthur Sheridan announced that he is asking the Illinois Supreme Court
to review his case against the County. In the meantime, he proceeded
with his proposal to the city. (State's Attorney Tim McCann said it was
not likely that the Illinois Supreme Court could hear the case since they
only hear about 50 cases per year and then the cases must have an impact
on the entire State or pertain to some unique point of law.)
• July 6, 2000--At City Council Committee Meeting of the Whole, it was
revealed that a PUD agreement had NOT been drafted. Attorney hired
by the neighborhood addressed the council and summarized our position
and reviewed the previous court cases concerning the corner. At that
meeting, Mr. Sheridan volunteered that he would take out the requests
for B-3 zoning. It was suggested by an alderman that retail uses (B- 1
and B-2) be limited to the part of the parcel starting 400 feet from the
northern lot line and the office zoning be on the northern 400 feet. The
proposal was sent to the Economic Development Committee.
• July 18, 2000--PUD was "hammered out" at the Economic Development
Committee meeting. This meeting was attended by several residents of
the neighborhood. PUD "hammered out" seemed an acceptable
compromise between the neighborhood position that the comprehensive
plan showing residential should be followed and the city's desire for
more business zoning. (Court rulings had upheld the residential zoning.)
(Search for minutes of that meeting is under way--committee included
Valerie Burd, Yorkville's current mayor.)
• August 10, 2000--City Council approved the PUD (permitted uses from
the PUD attached)
• Property subsequently sold by Arthur Sheridan
• Property bought and sold other times?
• Currently owned by Harold Oliver
• Demolition permit was issued on March 22, 2006, for the brick ranch
home on the property (home had been rented from time to time--allowed
under the PUD even though home was zoned "office")
• Home was demolished
• May 16, 2008--adjacent property owners received notice of public
hearing to be held at the Wednesday, June 11 , 2008, meeting of the
Yorkville Plan Commission to consider a request to change the PUD
agreement.
• Obviously a lot of effort has gone into getting to the current PUD as
evidenced by all of the above "history" of the last 20 years. The
neighborhood thought the current PUD would be acceptable--no worries
about underground gasoline storage tank leaks or run off getting into the
soil and into our wells or to Blackberry Creek, no objectionable noise
and lights, no excess traffic.
2000 10012362
Filed for Record in
KENDALL COUNTY, ILLINOIS
GAUL ANDERSON
Revised August 23, 2000 On 09- 15-2000 At 02 : 51 pm .
ANNEX AGREE K
STATE OF ILLINOIS )
)SS
COUNTY OF KENDALL )
PLANNED UNIT DEVELOPMENT AND
ANNEXATION AGREEMENT
OLD KENT BANK; SUCCESSOR TRUSTEE TO
MERCHANTS NATIONAL BANK OF AURORA TRUSTEE (TRUST #50851
and ARTHUR SHERIDAN (OWNER)
and COURTHOUSE SOUARE L.L.C. (DEVELOPER)
This Planned Unit Development and Annexation Agreement (hereinafter "Agreement"), is
made and entered into this / day of Amps( • 2000, by and between the UNITED CITY OF
YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", OLD KENT BANK,
SUCCESSOR TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA, TRUSTEE
UNDER TRUST #5085, ARTHUR SHERIDAN, beneficiary thereof and COURTHOUSE
SQUARE, L.L.C. (in formation) as "DEVELOPER ',
WITNESSETH
WHEREAS, OWNER owns fee simple interest to the real property which is legally described
in Exhibit "A" attached hereto and depicted on the Plat of Annexation attached hereto and
incorporated herein as Exhibit "A-1 ", consisting of approximately 6.4 acres, more or less (hereinafter
"PROPERTY"); and
WHEREAS, it is the desire of OWNER and DEVELOPER to provide for the annexation of
the subject real PROPERTY; and to develop the PROPERTY in the CITY in accordance with the
terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY
is annexed zoning will be granted at that time; and
WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its
development pursuant to the terms and conditions of this Agreement and the Ordinances of the
CITY; and
WHEREAS, OWNER and DEVELOPER and CITY has or will perform and execute all acts
required by law to effectuate such annexation; and
1
WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the
CITY have been given to the persons or entities entitled thereto, pursuant to the applicable
provisions of the Illinois Compiled Statutes; and
WHEREAS, the OWNER and DEVELOPER and CITY agree that upon Annexation to the
CITY the subj ect PROPERTY shall be zoned as 0 (Office District) Planned Unit Development, with
the subj ect real property to be entitled to all uses under the 0 (Office District) and only the specific
business uses c� urrmtly permitted under the CITY B-1 (Limited business District) and B-2 (General
Business District) as set out in the attached Exhibit `B" which is incorporated herein by reference;
and
WHEREAS, OWNER and DEVELOPER have agreed that in consideration of the CITY
agreeing to annex and zone the subject real property of OWNER as Planned Unit Development with
the additional business uses permitted as set out in Exhibit `B", OWNER and DEVELOPER agree
that all of the remaining B-1 (Limited Business District) and B-2 (General Business District) uses
set out in the CITY Zoning Ordinance for B-1 and B-2 but which are not listed in the attached
Exhibit `B" shall not be permitted uses underthis Agreement; and all B-3 (Service Business District)
and B-4 (Business District) uses as contained in the CITY Zoning Ordinance are specifically
prohibited from use on the subject real property. In the event the O (Office District), B-1 (Limited
Business District), or B-2 (General Business District) are amended from time to time permitting
additional uses, OWNER and DEVELOPERmay petition for said additional uses without additional
fee by Petition to Modify this Planned Unit Development Agreement upon approval by the City
Council as to any change in the CITY Office Zoning Classification; but will require a Public Hearing
to be held and City Council approval if there is a modification sought requesting additional B-1 or
B-2 uses by OWNER and DEVELOPER; and
WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed,
OWNER and DEVELOPER and the CITY have agreed to execute all petitions and other documents
that are necessary to accomplish the annexation of the PROPERTY to the CITY; and
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11-15. 1-1 through 15. 1 -5, inclusive, relating to Annexation Agreements, the parties hereto
wish to enter into a binding agreement with respect to the future annexation and zoning of the subj ect
PROPERTY and to provide for various other matters related directly or indirectly to the annexation
of the PROPERTY in the future, as authorized by, the provisions of said statutes; and
WHEREAS, pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have had such public hearing and have taken all further
action required by the provisions of 65 ILCS 5/11-15-1 .3 and the ordinances of the CITY relating
to the procedure for the authorization, approval and execution of this Annexation Agreement by the
CITY.
2
NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions
herein contained, and by authority of and in accordance with the aforesaid statutes of the State of
Illinois, the parties agree as follows:
1 . ANNEXATION.
OWNER and DEVELOPER have filed with the Clerk of the CITY a duly executed
verified petition to annex pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1 -1 et
seq. to annex the PROPERTY to the UNITED CITY OF YORKVILLE.
2_ ZONING.
A. Contemporaneously with the Annexation of the subject PROPERTY, the
CITY shall adopt an ordinance amending the provisions of the United City
of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be
classified and shall zone the parcel Office PUD permitting the limited
business uses as set forth in Exhibit `B".
B. Contemporaneously with the Annexation ofthe PROPERTY, the CITY shall,'
if necessary, amend its Comprehensive Plan to provide for the uses on the j
PROPERTY that are reflected in this Agreement.
C. The CITY and OWNER and DEVELOPER agree that the PROPERTY shall
be developed in substantial compliance with the ordinances of the CITY in
effect at the time of passage of this agreement by the City Council of the
UNITED CITY OF YORKVILLE.
D. Hours of operation of any convenience store at this location shall be limited
to 6:00 a.m. to midnight.
E. That all recitals contained in this Agreement are hereby incorporated as
enforceable covenants and conditions of this Agreement.
3. ANNEXATION TO YORKVILLE-BRISTOL SANITARY DISTRICT
A. OWNER and DEVELOPER agree to file the necessary petitions and
agreements to request annexation and sanitary sewer service for the
PROPERTY from the Yorkville-Bristol Sanitary District and the CITY shall
provide a letter to Yorkville-Bristol Sanitary District indicating the CITY's
desire to annex and have Yorkville-Bristol Sanitary District service the
property. The subject real property has been identified by the CITY as being
located within the Facility Plan Area of the Yorkville-Bristol Sanitary
3
District. Attached hereto as Exhibit "C" is an extended Annexation
Application to the Yorkville-Bristol Sanitary District.
B . In the event at the time OWNER/DEVELOPER is ready to develop the
subject real property, Yorkville-Bristol Sanitary District lacks capacity to
service the development. OWNER/DEVELOPER shall be permitted to serve
the subject development by septic system on a temporary basis at OWNER' s
expense until sanitary sewer is available.
OWNER/DEVELOPER agrees to connect to the sanitary sewer service
within one hundred eighty (180) days of capacity being available.
In the event OWNER/DEVELOPER does temporarily hook-up to a septic
system, OWNERIDEVELOPER shall be required to deposit with the CITY
either a Letter of Credit or Bond in an amount approved by the City Engineer
to secure hook-up for sanitary sewer purposes.
4. MUNICIPAL IMPROVEMENTS.
A. The CITY acknowledges that it currently has the ability to provide ample
quantities of water for the use of this development and that the UNITED
CITY OF YORKVILLE will support the development' s tap into the
Yorkville-Bristol Sanitary District system.
B . OWNER and DEVELOPER upon development of the subject real property
shall provide two watermain extensions of 8" watermains to the East side of
the subject site.
C. The OWNER and DEVELOPER will be given a recapture agreement for any
use or extension of any developer improvements of roadways, storm water,
water or sewer facilities to or through this property for other than their own
development which are required by the CITY or other goveannental body,
which benefit off-site owners or developers.
5 . RECAPTURE.
In the event the OWNER and DEVELOPER seek recapture reimbursement; or the
CITY requests OWNER or DEVELOPER to construct public improvements benefitting other
parcels, the parties agree a Recapture Agreement shall be executed pursuant to and in compliance
with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the
requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City
Council contingent on the percentage of the benefit to the OWNER other than the DEVELOPER and
including the service area effected.
4
6. SIGNAGE:
The CITY agrees to allow the following signage to be used in the development in
conformance with City Ordinances :
A. Two identification signs (one for the commercial area not to exceed 100
square feet and one for the office area not to exceed 100 square feet).
B . Individual building signs shall be permitted for each business located within
the development the size of which will conform to CITY ordinances.
C. Directional signs directing traffic within the development in conformance
with CITY ordinances or if the sign ordinance is silent then at the discretion
of the DEVELOPER.
D. All signs must conform to the requirements of the CITY sign Ordinance in
relation to locations on the subject site, dimensions permitted and the like
notwithstanding anything contained herein.
7. OVERSIZING.
In the event OWNER and DEVELOPER is required on or off-site to oversize any
water, storm sewer or City sanitary sewer lines or to develop any roadways for future extension to
accommodate other properties, CITY. agrees to require anyone connecting to said lines to pay the
CITY who then shall reimburse OWNER and DEVELOPER within 30 days of connection by the
OWNER and DEVELOPER of any other parcel of real property connecting to said improvements,
for OWNER and DEVELOPER's costs in over-sizing said lines including costs for deepening said
lines and any engineering fees and all other costs associated therewith. The agreement for recapture
is a part of this agreement and shall become effective with this agreement. The terms and costs for
the recapture shall be calculated at the time of additional connection by other owners/developers on
a basis of all cost of the improvement including the cost of interest paid and lost interest income
since the time of annexation prorated by the number of square feet to be connected tR the system(s).
8 . PLANNED UNIT DEVELOPMENT ZONING AND CONDITIONS
The parties agree upon approval of this Agreement, the subj ect real property shall be
zoned by Ordinance as Office PUD with limited business uses as set forth in Exhibit `B". The
subject property shall be developed and improved as Planned Unit Development under the following
criteria:
A. Specific building locations as generally defined by the site plan, as per
Exhibit "D".
5
B . It is the intent of the OWNER and DEVELOPER to provide additional
shrubbery, landscaping or screening to the most northerly and easterly area
of the parcel. Setbacks shall be according to the Site Plan, Exhibit "D",
attached; and in conformance with the CITY Amended Landscape Ordinance
#2000- 4% . The site plan attached is hereby modified to provide that a
minimum distance of approximately 400 feet shall be maintained between the
northerly property line of the subject site and the commercial center for
business use shown on the subject site.
C. The OWNER and DEVELOPER shall be permitted to operate any permitted
use under the UNITED CITY OF YORKVILLE Ordinance in all "B-1 " and
"B-2" Business Classification District and "0" Office District, which are set
out in the attached "Exhibit `B" that is used in relation to retail sales or
service on the subject site.
D. Parking shall be in conformance with city ordinance related to each
classification of use. Minimum setback from the property line to parking
areas as shown on the subject site plan shall be 45 feet from Route 34. The
existing residence on Cannonball Trail which will be converted to office use
shall not be subject to said setback.
E. Detention shall be provided on-site in conformance with the CITY
Ordinance.
F. OWNER and DEVELOPER shall provide an Exhibit to this Agreement of
all building facades to be used in the development of the real property as
substantially presented to the CITY as set out in the attached Exhibit "F"; and
in Landscape Plan which is attached hereto and incorporated herein as
Exhibit `B".
9. TIME IS OF THE ESSENCE.
It is understood and agreed by the parties hereto that time is of the essence in this
Agreement, and that all parties will make every reasonable effort to expedite the subject matter
hereof. It is further understood and agreed by the parties that the successful consummation of this
Agreement requires their continued cooperation.
10. BINDING EFFECT AND TERM.
This Annexation Agreement shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns including, but not limited to, successor owners of record,
successor developers, lessees and successor lessees, and upon an successor municipal authority of
6
the CITY and successor municipalities for a period of twenty (20) years from the later of the date
of execution hereof and the date of adoption of the ordinances pursuant hereto.
11 . NOTICES AND REMEDIES.
Nothing contained herein shall require the original named OWNER in this Agreement
to undertake any of the development obligations in this Agreement; those obligations being the
responsibility of the DEVELOPER of the subj ect p arcel and/or future OWNER of the subj ect p arcel
of real property.
Upon breach of this Agreement, any of the parties in any court of competent
jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at
law or equity.
Before any failure of any party ofthis Agreement to perform its obligations under this
Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall
notify in writing, by certified mail/return receipt requested, the party alleged to have failed to
perform, state the obligation allegedly not performed and the performance demanded.
Notice shall be provided at the following addresses:
CITY: UNITED CITY OF YORKVILLE
800 Game Farm Rd.
Yorkville, IL 60560
Attn: Mayor
Copy to : CITY Attorney:
Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
OWNER and DEVELOPER: Arthur Sheridan and Associates, Ltd.,. -
100 Tower Dr.
Burr Ridge, IL 60521
12. AGREEMENT TO PREVAIL OVER ORDINANCES .
In the event of any conflict between this Agreement and any ordinances of the CITY
in force at the time of execution of this agreement or enacted during the pendency of this agreement,
the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency.
7
13 . PARTIAL INVALIDITY OF AGREEMENT.
If any provision of this Agreement (except those provisions relating to the requested
rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith),
or its application to any person, entity, or property is held invalid, such provision shall be deemed
to be excised herefrom and the invalidity thereof shall not affect the application or validity of any,
other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and
provisions of this Agreement are declared to be severable.
If, for any reason during the term of this Agreement, any approval or permission
granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY
agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances
effectuating the zoning, variations and plat approvals proposed herein.
14. USE OF PROPERTY FOR FARMING/ZONING.
Any portion of the PROPERTY, which is not conveyed or under development as
provided herein, may be used for farming purposes, regardless of the underlying zoning.
Further, the parties agree that until, or unless it is converted to a permitted office or
business use pursuant to this Agreement, the house currently located on the subject premises may
continue to be occupied as a legal non-conforming use of the residence. However, once converted
to "0" Office District or `B" Business District use, it shall no longer be occupied as a residence.
15 . TRANSPORTATION.
The CITY shall put forth its best effort as a joint applicant with the DEVELOPER
regarding issues effecting surrounding roadway; whether they be Federal, State, County, Township,
or City to gain approval for access (ingress and egress), widening, improvements, signalization, etc.
as may be required.
8
IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and
year first above written.
CITY:
THE UNITED CITY OF YORKVILLE
By
MAYOR (/
Attest: puzQ
CITY CLERK
9
OWNER:
OLD KENT BANK, SUCCESSOR TRUSTEE
TO MERCHANTS NATIONAL BANK OF AURORA,
TRUSTEE UNDER TRUST 95085
This instrument Is executed by OLD KENT BANK, successor to
MERCHANTS NATIONAL BANK OF AURORA, not personally but
solely as Trustee, as aforesaid . All the warranties , covenants and
By conditions to be performed hereunder by OLD KENT BANK,
G�`' �' ' successor to MERCHANTS NATIONAL BANK OF AURORA are
undertaken by it solely as Trustee . as aforesaid and not
At _ :Z ; � in6vidually. No personal liability shall be asserted or be
% cricrccable against OLD KENT BANK. successor to
MERCHANTS NATIONAL BANK OF AURORA by reason of any
of the covenants , statements, representations or warranties
contained in this instrument, which are made and intended for
the purpose of binding only that portion of the trust property
DEVELOPER: specifically described herein.
COURTHOUSE SQUARE, L.L.C.
By: ae5
Arthur Sheridan - Beneficiary/Manager
PREPARED BY AND RETURN TO:
Law Offices of Daniel J. Kramer
1107A S . Bridge Street
Yorkville, Illinois 60560
630.553 .9500
10
EXHIBIT LIST
Exhibit "A" - Legal description
Exhibit "A- 1 " - Accurate Map of Territory to be Annexed to the United City of Yorkville,
Kendall County, Illinois
Exhibit `B" - Zoning Ordinance for O (Office District), B- 1 (Limited Business District),
B-2 (General Business District), list of permitted uses
Exhibit "C" - Yorkville-Bristol Sanitary District Petition
Exhibit "D" - Site plan
Exhibit "E" - Landscape Plan
Exhibit "F" - Building facades
11
Exhibit "A"
LEGAL DESCRIPTION
That part of the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third
Principal Meridian described as follows; Beginning at the Northeast Comer of said Northwest
Quarter, then South 88 °41 ' 11 " West, along the South Line of Oak Knolls Subdivision, 285 .05
feet to the East Line of Cannonball Trail; then South 21 °49'35 " East along said East Line, 231 .90
feet to an angle point therein; thence South 68 ' 10'25 " East along said East line, 5 .0 feet to an
angle point therein; thence South 18 ° 56'06" West along said East line 118.52 feet to an angle
point; then South 21 °49'35 " West along said East line 185 .73 feet to an angle point; then South
45 ° 10'25" East along said East line 73 .20 feet to the Northerly line of US Route No. 34; then
Easterly along said Northerly line, 462.40 feet to the East line of said Northwest Quarter; thence
North 00 °49'35" on said East line, 697.74 feet to the point of beginning in Bristol Township,
Kendall County, Illinois and containing 6. 148 acres.
a -
12
Exhibit `B"
PERMITTED USES
B- 1 Limited Business District, the following would be permitted uses :
antique sales household furnishing shop
bakery - retail ice cream shop
barber shop jewelry - retail
beauty shop laundry, cleaning and dyeing - retail
book store library
cafeteria (diner) magazine and newsstand
camera shop meat market
church or other place of worship medical clinic
cigar, cigarette and tobacco store mortuary - funeral home
clothes - pressing and repair park
community center photography studio
computer and software sales playground
dressmaker - seamstress post office
drugstore professional building
florist sales recreation center
fruit and vegetable market - retail restaurant
gift shop shoe and hat repair
grocery store - supermarket
gymnasium all special uses permitted in 0 District (office)
health food store except solid waste site
hobby shop
13
B-2 General Business District, the following would be permitted uses :
appliances - sales leather goods
Army/Navy surplus sales locksmith
art gallery - art studio sales music, instrument and record store
art supply store newspaper publishing, excluding printing
automatic food service nursery - day care center
automobile accessory store office equipment and supply sales
bicycle shop paint/wallpaper store
billiard parlor personal loan agency
blueprint and photostat shop pet store
carry-out food service picture frame store
catalog sales office radio and television studios
clothing store - all types reducing salon - tanning salon
convenience store sporting goods
discount store stationery
drygoods store - retail taxidermist
floor covering sales toy store
furniture sales - new/used typewriter - sales and repair
hardware store variety store
health club or gymnasium watch and clock sales and repair
interior decorating studio weaving and mending - custom
junior department store
O - Office District, the following would be permitted uses:
advertising agency income tax service
bank insurance office
barber shop library
beauty shop manufacturing agent's office
bookkeeping service medical clinic
club - private indoor park
coffee shop professional offices
college, university or junior college public accountant
real estate office
commercial school, trade school - offering savings and loan association
classroom study stenographic service
stock broker
credit union telegraph office
detective agency ticket office
employment office travel agency
engineering office utility office
government office
14
12953
Filed for Record in
KENDALL COUNTY, ILLINOIS
PAUL ANDERSON
On 09-25-2001) At 02 : 15 Pm .
CERTIFICATE 18100
Certificate of Correction
State of Illinois )
) ss
County of Kendall )
This is to certify that the following is the correct Legal
Description to be included with the following document :
CN 9tJ47Hou'Sz:�? SQO t
Document # 20000012562 Recorded 09 - 15 - 2000
PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT
LEGAL DESCRIPTION
That part of the Northwest Quarter of Section 29 , Township 37
North , Range 7 East of the Third Principal Meridian described as
follows ; Beginning at the Northeast Corner of said Northwest
Quarter , then South 88 4111111 West , along the South Line of Oak
Knolls subdivision , 285 . 05 feet to the East Line of Cannonball
Trail ; then South 21 4913511 East along said East Line , 231 . 90 feet
to an angle point therein ; thence South 68 1012511 East along said
East Line , 5 . 0 feet to an angle point therein ; thence South 18
5610611 West along said East line 198 . 24 feet to an angle point ;
then South 21 4913511 West along said East line 185 . 73 feet to an
angle point ; then South 45 1012511 East along said East line 73 . 20
feet to the Northerly line of US Route No . 34 ; then Easterly along
said Northerly line , 462 . 40 feet to the East line of said Northwest
Quarter ; thence North 00 4913511 on said East line , 697 . 74 feet to
the point of beginning in Bristol Township , Kendal. County ,
Illinois and containing 6 . 148 acres .
Dated t Aurora , I1 . Kane County , Illinois September 25 , 2000
Arthur Sheridan , Beneficiary , Old Kent Bank , Successor Trustee
to Mechants National Bank of Aurora , Trustee Under Trust
#5085 .
Accurate Map of
Territory to be Annexed to the
N United City of Yorkville Kendall County Illinois
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Prepared by
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107 West Madison Street
Yorkville, Illinois 60560
(630) 553-0050
August 25, 2000
f
Union Bonk/M/ Sheridan •L, F Q
PETITION FOR ANNEXATION TO THE
YORKVILLE-BRISTOL SANITARY DISTRICT
TO : CLERK OF THE YORKVILLE-BRISTOL SANITARY DISTRICT
YORKVILLE, ILLINOIS
Old Kent Bank , sucessor Trustee to Merchants
THE UNDERSIGNED, Nat . Bank Aurora , Tr . 5085 , being the sole owner
of the following described real estate, to wit: (SEE ATTACHED LEGAL DESCRIPTION,
EXHIBIT "A") which said real estate is contiguous with the existing boundaries of Yorkville-
Bristol Sanitary District, and is not within the corporate limits of any other sanitary district,
herewith petitions the Board of Trustees of the Yorkville-Bristol Sanitary District to annex said
real estate into the sanitary district.
The undersigned represents unto the Board of Trustees of the Yorkville-Bristol Sanitary
District as follows:
I . That said real estate is contiguous with the existing boundaries of the YorkviIle-
Bristol Sanitary District, and is not within the corporate limits of any other sanitary
district.
2 . That Old Kent Sucessor Truste under tr . iHf ole property owner
02 - 29 - 100 - 005 &
in the area sought to be annexed. Permanent Parcel #p2 _ zo _ 1 00 — nn4
3 . (STRIKE INAPPLICABLE PARAGRAPH)
(a) That there are no electors residing upon any portion of the above described
premises;
R12 5sxrRsi�ikg�Iwex�w§tbl'R ,dxii'xlhtigft1d iW%X
4. That attached hereto and forming a part of the petition are the following:
(a) Legal description of the real estate, Exhibit "A;
(b) Accurate map of the real estate, Exhibit "B".
WHEREFORE, 1110 tnulasigned requests that the above Petition be submitted to the Board
of Trustees of the Yorkville-Bristol Sanitary District for consideration thereon, as required by 70
ILCS 2405/23 .4, Illinois Revised Statutes.
- 1 -
EXHIBITC
EXHIBIT D
COURTHOUSE SQUARE
NORTH-PAST CORNIER US M & CANNON RAIL TRAIL
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6=W. C. Walton _Ground-water Recharges_and Run-Off in Illinois, Report of Investigations. No
48, Illinois State Water Survey, Urbana, IL 1965
`Roy );dward Wiliiams'Shallow Hydrology of Glacial Drifts in Northeastern Illinois, Ph.D.
Thesis, P. 1179, University of Illinois, Urbana, Illinois. 1960
KENDALL COUNTY
Aoki '�.r�A'y � .�:�. t 4'fly �: r•1 �' � �
LITTLE ROCK .sBRISTOL x '� +OSWEGO!•
5 .50 .
7 70 ,n••.,.':a 5 . 2 4 _
tii4�S ti �Y:Mil',ii'.S ? r y?,•�.ry�.� ���� ./'i Z
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.rXl' 51tt Preperir{
�yz 2090 KENDALL NA-AU-SAY
- 1 . 15 1 . 18
ti
BIG GROVE LISBON SEWARD
2 . 24 3 .04 1 . 00
AQUIFER MATERIAL
�r •: c within 5 fi of land surface
between 5 and 20 ft of land surface
between 20 and 50 ft of laid surface
r___1 no aquifer material within 50 ft of land surface
AQUIFER RISK FOR
SENSITIVITY GROUNDWATER
SCORE CONTAMINATION
0 . 00-2 . 50 "Low Risk"
2 . 51 -5 . 00 "Low to Moderate Risk"
5 . 01-7 . 50 "Moderate to High Risk"
7 . 51 - 10 . 0 "High Risk"
D
10-14-5 10-14-6
h. To exceed any of the authorized variations allowed under this
subsection when a lot of record or a zoning lot, vacant or legally
used on the effective date hereof, is, by reason of the exercise of the
right of eminent domain by any authorized governmental domain
proceeding, reduced in size so that the remainder of said lot of
record or zoning lot or structure on said lot does not conform with
one or more of the regulations of the district in which said lot of
record or zoning lot or structure is located.
I. The concurring vote of four (4) members of the Zoning Board
of Appeals shall be necessary to grant a variation.
2. Variations other than those listed may be granted by the City
Council, but only after a public hearing as set forth herein for an
authorized variation. The concurring vote of two-thirds (219) of the
elected members of the City Council shall be necessary to reverse
the recommendations of the Zoning Board of Appeals. (Ord.
1973-56A, 3-28-74)
10-14-6: SPECIAL USES:
A. Purpose: The development and execution of a zoning ordinance is
based upon the division of the City into districts, within which
districts the use of land and buildings and the bulk and location of
buildings and structures in relation to the land are substantially
uniform. It is recognized, however, that there are uses which,
because of their unique characteristics, cannot be properly classified
in any particular district or districts without consideration, in each
case, of the impact of those uses on neighboring land and of the
public need for the particular use at the particular location. Such
special uses fall into two (2) categories:
1. Uses publicly operated or traditionally affected with a public
interest.
2. Uses entirely private in character but of such an unusual nature
that their operation may give rise to unique problems with respect to
their impact upon neighboring property or public facilities.
B. Initiation of Special Uses: Any person owning or having an interest in
the subject property may file an application to use such land for one
or more of the special uses provided for in this Title in the zoning
district in which the land is situated.
City of Yorkville
10-14-6 10-14-6
C. Application for Special Use: An application for a special use or
expansion of a special use shall be filed with the City Clerk and shall
be accompanied by such plans or data as prescribed by the Plan
Commission from time to time.
D. Hearing on Application: Upon receipt of the application referred to
above, the Plan Commission shall hold at least one public hearing.
At least fifteen (15) days in advance of such hearing, but not more
than thirty (30) days, notice of the time, place and purpose of such
hearing shall be published in a newspaper of general circulation in
the City.
E. Authorization: For each application for a special use, the Plan
Commission shall report to the City Council its findings and
recommendations, including the stipulations of additional conditions
and guarantees that such conditions will be complied with when they
are deemed necessary for the protection of the public interest. The
City Council may grant or deny any application for a special use;
provided, however, that in the event of written protest against any
proposed special use, signed and acknowledged by the owners of
twenty percent (20%) of the frontage adjacent thereto, or across an
alley, or directly opposite therefrom, such special use shall not be
granted except by the favorable vote of two-thirds (2/9) of all
members of the City Council.
F. Standards: No special use shall be recommended by the Plan
Commission unless said Commission shall find that:
1. The establishment, maintenance or operation of the special use
will not be unreasonably detrimental to or endanger the public
health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purpose already
permitted, nor substantially diminish and impair property values
within the neighborhood.
3. The establishment of the special use will not impede the normal
and orderly development and improvement of surrounding property
for uses permitted in the district.
4. Adequate utilities, access roads, drainage or other necessary
facilities have been or are being provided.
City of Yorkville
10-14-6 10-14-7
5. Adequate measures have been or will be taken to provide ingress
or egress so designed as to minimize traffic congestion in the public
streets.
6. The special use shall in all other respects conform to the
applicable regulations of the district in which it is located, except as
such regulations may in each instance be modified by the City
Council pursuant to the recommendations of the Plan Commission.
(Ord. 1973-56A, 3-28-74)
10-14-7: AMENDMENTS:
A. Initiation: Amendments may be proposed by the Mayor and City
Council, the Plan Commission, the Zoning Board of Appeals or any
property owner.
B. Processing:
1 . Filing of Application; Contents: An application for an amendment
shall be filed with the City Clerk. The application shall be
accompanied by such plans or data and such other information as
specified by the Plan Commission, and shall include a statement in
writing by the applicant and adequate evidence showing that the
proposed amendments will conform to the standards set forth herein.
Copies of such application shall be forwarded by the City Council to
the Plan Commission with the request to hold a public hearing.
2. Notices: The Plan Commission shall give notices of the public
hearings to the applicant and to the owners or occupants of other
properties which may be affected as determined by the Plan
Commission. All notices shall be in writing and shall give the time,
place and purpose of such hearing and shall be mailed not more
than thirty (30) days in advance of such hearing. The notice shall be
sent by certified mail, properly addressed as shown on the Tax
Assessor's rolls and with sufficient postage affixed thereto, with
return receipt requested.
3. Publication: The Zoning Officer shall cause a notice of time, place
and purpose of such hearing to be published in a newspaper of
general circulation within the City of Yorkville no more than thirty
(30) days nor less than fifteen (15) days in advance of such hearing.
4. Hearing: Upon receipt in proper form of the application and
statement referred to above, the Plan Commission shall hold at least
City of Yorkville
l
MILE AFTER HIFICCNT MIL[.
CREATE AN ILLINOIS 3-DAY GETAWAY.
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United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
1+� H Telephone: 630-553-4350
Fax: 630-553-7575
PC # �$ - 0
APPLICATION & PETITION
ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST
Development Name: Cross Lutheran Church Date of Submission:
Requesting: Annexation fl Zoning ] Planned Unit Development
[] Special Use:
1 . Name of Petitioner(s): Cross Evangelical Lutheran Church
Address: 8609 Rt , 47 , Yorkville , IL 60560
Phone Number; 630-553-7335 Fax Number:
Email Address:
Relationship of Petitioner(s) to subject property:
[Owner [] Developer (] Contract Purchaser
2. Name of holder of legal title, if different from #1 :
If legal title is held in a Land Trust, list the names of all holders of any beneficial interest
therein:
3. a). (i). Street address and physical location of subject property:
7481 Mill Road , Oswego , IL 60543
(ii). Zoning of surrounding parcels:
North: Residential
South: Farming
East: Farming
West: Farming
b). Legal description of property; attach as Exhibit "A".
c). Total Acreage: 25 . 00 acres
d). Kendall County Parcel Number(s) of property: 02- 11-400-006-0000
e). Current Zoning Classification: farm special use
f). Zoning Classification Requested: R- 1 , B-3 . PUD
g). Is this property within City limits? Yes X No, requesting annexation
Page I of 5
United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 110/06
4. Names and addresses of any adjoining or contiguous landowners and landowners within 500'
entitled to notice of petition under any applicable City ordinance or State Statute:
Attach a separate list and label as Exhibit "B".
5. List all governmental entities or agencies required to receive notice under Illinois law:
Jim Heinz Bristol Township Road Commission
6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses
located on subject property to be annexed: 36-6007819
7. Does a flood plain exist on the subject property? NO
8. Do Electors reside on the subject property? NO
If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a
resident of the parcel who is a registered voter. Legal owners of the annexing parcel must
sign the petition regardless of place of residence or legal voting status.)
9. Contact Information: Name, address, phone number, fax number, and email address of person to
whom inquiries regarding this petition may be directed:
Wade R Joyner
Attorney: Name: Wade R Joyner
Address: 407 W rnlpn ,, Blytj Aurora , TT 60506
Phone Number 640 . 997 . 0900 Fax Number: 6gO . 897-95oo
Email Address: dfix .ndslawlilyahon . rnm
Engineer: Name: Smith Engineering Consultants
Address: 759 John Street: 5 Yorkville I1 60506
Phone Number: 630 . 553 . 7560 Fax Number: 630 . 553 . 7646
Email Address:
Land Planner: Name:
Address:
Phone Number: Fax Number:
Email Address:
Page 2 of 5
United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1128/06
10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary
committee meetings. An incomplete submittal could delay the scheduling of your project.
a. Original application with legal description plus 40 copies.
b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route,
Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount).
c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope.
d. One CD containing one electronic copy (pdf) of each of the signed application
(complete with exhibits) and site plan.
In witness whereof the following petitioner(s) have submitted this application under oath and verify that to
the best of their knowledge its contents are true and correct and swear that the property to be annexed is
contiguous to the United City of Yorkville.
Date:
Petit, Signature: (All legal property owners signatures must appear on this application.)
L
Subscribed and sworn to before me this day of MaL4 200 .
R IAL SEAL BRISTOW-STATE OF ILLINOISNEXPIRES:98AU10 HIS APPLICATION MUST BE NOTARIZED.
Page 3 of 5
United City of Yorkville Annexation,PUD,Zoning,Speoial Use Application Revised: 1128106
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE SOUTH '/3 OF SECTION 11 , TOWNSHIP 37 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEAST CORNER OF THE "STORYBROOK
HIGHLANDS, UNIT NO. 2, BRISTOL TOWNSHIP, KENDALL COUNTY,
ILLINOIS.'; THENCE SOUTH 0 DEGREES, 07 MINUTES, 45 SECONDS EAST,
1 ,469.90 FEET TO THE CENTER SAID CENTER LINE OF MILL ROAD; THENCE
NORTH 80 DEGREES, 31 MINUTES, 51 SECONDS WEST ALONG SAID CENTER
LINE, 788 .26 FEET; THENCE NORTH 0 DEGREES, 07 MINUTES, 45 SECONDS
WEST, 1332.31 FEET TO THE SOUTH LINE OF SAID UNIT 2; THENCE NORTH 89
DEGREEES, 25 MINUTES, 00 SECONDS EAST, ALONG SAID SOUTH LINE
777.25 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP,
KENDALL COUNTY, ILLINOIS.
EXHIBIT "B"
Adioining Property Owners
Cross Lutheran North Campus
02. 11 .252.003 02. 11 . 177.014 02. 11 .251 .012
Loretta Herbert Susan Morales Michael & Jeanette Baish
68 Highland Drive 9 Basswood Court 54 Highland Drive
Bristol, IL 60512 Bristol, IL 60512 Bristol, IL 60512
02. 11 .252.002 02. 11 . 177.009 02. 11 .251 .005
Csordas Family Trust Jeffrey & Michele Allen Michael Widmont
62 Highland Drive 27 Highland Drive 14 Basswood Court
Bristol, IL 60512 Bristol, IL 60512 Bristol, IL 60512
02. 11.252.001 02. 11 . 177.003 02.11 .251 .006
Raymond & Patricia Deron & Rivera Hill Michael & Joan Franklin
Skeen Mary Hill 6 Basswood Court
56 Highland Drive 7654 Galena Road Bristol, IL 60512
Bristol, IL 60512 Bristol, IL 60512
02 . 11 .251 .013
02.11 . 178.005 02. 11 . 177.013 Robert & Deborah Olson
Michael & Margaret Charolette Haynes 60 Highland Drive
Melody 17 Basswood Court Bristol, IL 60512
18 Highland Drive Bristol, IL 60512
Bristol, IL 60512 02. 11 . 178.009
02. 11 .253.003 Istavan & Ilona Kovacs
02. 11 . 178 ,006 Michael Milligan 48 Highland Drive
David Kunkel 51 Highland Drive Bristol, IL 60512
26 Highland Drive Bristol, IL 60512
Bristol, IL 60512 02. 11 .276.002
02.11 .253.004 02. 11 .400.005
02. 11 . 178.007 Victor Villareal 02. 11 .400.002
Crozier Trust 59 Highland Drive MPI 2 Yorkville North
32 Highland Drive Bristol, IL 60512 68880 Frontage Rd, Ste. 100
Bristol, IL 60512 Burr Ridge, IL 60527
02. 11 .253 .005
02. 11 . 178.008 Carol Stathis 02A 1 .300.009
Paul & Rena Brown 69 Highland Drive Old Second National Batik
40 Highland Drive Bristol, IL 60512 Trust No: 8574
Bristol, IL 60512 37 S. River Street
02. 11 .253.006 Aurora, IL 60506
02. 11 , 177.010 Paul & Katherine Von
PatriciaDubovi Holten 02. 11 .300.004
41 Highland Drive 75 Highland Drive Old Second National Bank
Bristol, IL 60512 Bristol, IL 60512 Trust No: 8574
37 S. River Street
Aurora, IL 60506
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Memorandum
To: Plan Commission
From: Travis Miller/Stephanie Boettcher
EST 1 --_-_- 1836 CC: Annette Williams, Administrative Assistant (for distribution)
Date: June 5, 2008
Op ltm � Subject: PC2008-13 Cross Evangelical North Campus (Annexation, Rezoning and
dam°° ♦2 Concept PUD)
Comprehensive Plan Recommendation for the Property
The 2002 Comprehensive Plan proposes Public/Quasi Public land use for the subject property.
The Comprehensive Plan for Public/Quasi Public Land Use states:
"[Intent] to locate existing City, County and sanitary district facilities, as well as school, park
and church properties, cemeteries and other non private land uses. The Comprehensive Land
Use Plan Update assumes that these future facilities are allowed within various land use
categories illustrated on the plan as deemed necessary by the City. . . [Design Guidelines] Require
all development within the Public/Quasi Public Land Use to maintain the same high standards of
site, architectural, and landscape design required of residential, commercial and industrial
developments. Include significant buffering in all site designs when located adjacent to
residential uses. "
Concept Plan
The concept plan, requesting a P.U.D zoning, has two land use components, a commercial
component at the southwest corner of the parcel and a public/quasi public land use component
for the remaining parcel. The commercial component would have uses consistent with the B-3
zoning classification and the rest of the parcel would be consistent with R-2 zoning
classification. Religious institutions, within the City of Yorkville, are allowed by right within
residentially zoned districts. Although a P.U.D zoning is requested, the zoning requirements for
B-3 zoning and R-2 zoning are provided as a reference for the individual components of the
P.U.D.
Staff Comments and Recommendations:
• While the overall Concept Plan is not entirely consistent with the Comprehensive Plan
land use recommendation due to the commercial component, the zoning classifications
identified within the P.U.D are consistent with the surrounding properties' current
zoning;
• Design Guidelines from the 2005 Comprehensive Plan should be considered for this
development, particularly focusing on one architectural style to serve as a cohesive
element. The design should be residential in character and reflective of the
surrounding neighborhood's architectural style. Staff recommends incorporating these
guidelines into the Annexation Agreement;
• Staff recommends a trail along the northern property line connecting Grand Reserve to
New Life should be included on the Concept PUD with a provision addressing the
timing of construction in the Annexation/PUD Agreement;
1
• The City's parking ratio for religious institutions is 1 parking spot for each 6 seats and
adequate space provided for any buses used in conjunction with the Church. The
number of seats associated with the church was not provided so staff is unable to
confirm that adequate parking is being provided. The location of the proposed parking
meets the City's parking location requirements.
• In other day care proposals, the off-street parking requirements for a day care facility
were established by Anna Kurtzman, Zoning Coordinator, as 1 parking spot per
employee plus 1 parking spot per 10 students. Staff has not received information
detailing the number of employees and students at the facility. It is requested that the
petitioner provide the number of employees (teachers and administrative) and students
to staff in order to confirm that adequate parking is being provided.
• The proposed ROW for Mill Road is 100 feet. A 50-foot dedication should be required
as a provision of the annexation agreement and be dedicated upon annexation;
• Grande Reserve Unit 28 (a.k.a. Neighborhood 4) has a proposed private roadway
intersecting Mill Road about 240 feet west of the east property line of Cross Lutheran
Church. The proposed Cross Lutheran entrance, which is also presumed to be private,
is shown about 530 west of the east property line. Even though these side roads will be
private, they will function similar to public streets, and therefore staff recommends that
the spacing between them be 400 feet. As shown they would only be 290 feet apart;
• Grande Reserve Unit 20 (a.k.a. Neighborhood 2) is directly east of the Cross Lutheran
property. Unit 20 will have single-family homes backing up against the northern half of
the Cross-Lutheran property. Landscape buffer a minimum of 30 feet wide should be
provided along this boundary;
• Grande Reserve Unit 20 also has a stormwater basin adjacent to the southern half of the
Cross Lutheran property. Staff recommends the owner explore the possibility of
cooperating with the Grande Reserve developer to enlarge this basin to satisfy their
stormwater detention requirements;
• Grande Reserve Unit 20 has stubbed an 8" watermain to the NE corner of the Cross
Lutheran property. The proposed stormwater basin blocks the extension of this
watermain. The watermain should be extended through the Cross Lutheran site and
south to the 16" watermain on Mill Road.
Special Use:
A daycare facility is currently operated on the property and the petitioner plans to continue this
activity once annexed to the City. Daycare is a special use and staff recommends the Plan
Commission consider the following criteria when formulating a recommendation of this
annexation request:
Special Use Standards (10-14-6 of Zoning Ordinance)
F. Standards: No special use shall be recommended by the Plan Commission unless said
Commission shall find that:
1 . The establishment, maintenance or operation of the special use will not be unreasonably
detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2
2. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and impair
property values within the neighborhood.
3 . The establishment of the special use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are
being provided.
5 . Adequate measures have been or will be taken to provide ingress or egress so designed as
to minimize traffic congestion in the public streets.
6. The special use shall in all other respects conform to the applicable regulations of the
district in which it is located, except as such regulations may in each instance be modified by
the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A,
3-28-74)
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y United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
�c Fax: 630-553-7575
PC# .2c)0g - 12
APPLICATION & PETITION
Please Check One: x Preliminary Plan
X Final Plat
Development Name: Zangler Date of Submission:
1. Name ofPetitioner(s): Anthony Zangler and Nicole Zangler
Address: 946 Ogden Avenue, Downers Grove, IL 60515
Phone Number: 630-878-7878 Fax Number:
Email Address:
2. a). Street address and physical location of subject property:
96 Quinsey Lane
b). Legal description of property; attach as Exhibit"A".
c). Total Acreage: 5 .7 acres
3. Contact Infonnation: Name, address, phone number, fax number, and email address of
person to whom inquiries regarding this petition may be directed:.
Attorney: Name: Gregg Ingemunson
Address: 226 South Bridge Street, Yorkville, IL 60560
Phone Number: 630-553-5622 Fax Number: 630-553-7958
Email Address: greggingemunson@hotmail.com
rage i or a
United City of Yorkville Preliminary/Final Plat Application Revised: 107106
Continued - 3 . Contact Information
Engineer: Name: Ridgelilnd Consultants , LLC
Address: 1661 Aucutt Road , Montgomery IL 60538
Phone Number: 630 - 801 - 7927 Fax Number: 630 - 701 - 1385
Email Address: info @ridgelineconsultantsllc . com
Land Planner: Name:
Address:
Phone Number: Fax Number:
Email Address:
4. Submit the following to the Deputy Clerk in order to be scheduled for the necessary
committee meetings. An incomplete submittal could delay the scheduling of your project.
a. Original application with legal description plus 40 copies.
b. Appropriate filing fee (Please refer to Page 3 of this application "Petitioner Route,
Step 1, Fees" and/or contact the Deputy Clerk for verification of this amount).
c. To begin the review process, the initial submittal must consist of:
1 . 12 sets of Preliminary Plans /Final plats folded to fit in a 10" x 13" envelope
2. 7 sets of Landscape Plans folded to fit in a 10" x 13" envelope
3. 7 sets of Preliminary /Final Engineering folded to fit in a 10" x 13" enveloped.
d. One CD containing one electronic copy (pdf) of each of the signed application
(complete with exhibits), preliminary plan or final plat, landscape plans, engineering
plans.
Within one week of receipt of submittal, the Engineering Department will determine if
it is complete or if additional information is needed. Once the submittal is complete,.
the Plan Council Meeting date will be scheduled for the next meeting that is 6 weeks
from this date. One week prior to your scheduled Plan Council meeting, you will be
required to submit 15 full size preliminary/final site plans for the packets distributed
to the members.
Page 2 of R
United City of Yorkville Preliminaiy/Pinal Plat Application Revised: 1/27106
it
In witness whereof the following petitioner(s) have submitted this application under oath and
verify that to the best of their knowledge its contents are true and correct.
Date:
Petitioner(s) Signature: (All legal property owners signatures or their authorized agents (i.e. Planner,
,, Petitioner's Attorney, Engineer) must appear on this application.)
Awl'' l _ .
Subscribed and sworn to before me this /c3& day of 2002
"OFFICIAL SEAL
CHERYL PONTANINI
NOTARY PUBLIC, STATE OF ILLINOIS
Notat MY COMMISSION EXPIRES nAinv10
THIS APPLICA TION MUST BE NOTARIZED.
Page 3 o I 8 '..
United City of Yorkville Preliminary-/Final Plat Application Revised 1/27/06
EXHIBIT A
LEGAL DESCRIPTION
FARCEL ONE :
THAT PART OF THE NORTH EAST 1 /4 OF SECTION 33 , TOWNSHIP 37 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH EAST CORNER OF SAID NORTH EAST 1 /41 THENCE .WEST
ALONG THE NORTH LINE OF ,. SAID:NORTH.EAST, .1 /4 .085.0b ;FEET1 THENCE SOUTH
011 DEGREES , 35 NINUTES : 00 SECONDS WEST 21A.261FEtT; THENCE SOUT14 . 004 ,
DEGREES , 00 MINUTE'S . 00 SECONDS -EAST 706.73 FEEV7'0 THE NORTHERLY LINE
EXTENDED WESTERLY OF A 16 FOOT WIDE LANE LEADING TO NELSON J. QUINSEY •S
SUBDIVISION AS RECORDED MARCH 3 , 1922 IN PLAT BOOK 7 , PAGE 11 AND TO
THE POINT OF BEGINNINGI THENCE SOUTH 004 DEGREES . 45 MINUTES . 30 . '..
SECONDS EAST ALONG SAID EXTENDED NORTHERLY LINE AND SAID NORTHERLY LINE .
OF SAID LANE 267 . 47 FEET1 THENCE_SOUTH_®94._DEGREES , 09 IIIINJTg;, OQJ._ _,_
SECONDS EAST 876 .31 FEET TO THE NORTHERLY BANK OF FOX RIVER , THENCE-
WESTERLY ALONG SAID NORTHERLY BANK TO A POINT SOUTH 004 DEGREES , 00
MINUTES , 00 SECONDS FAST FROM THE POINT OF BEGINNINGI THENCE NORTH 004
DEGREES , 00 MINUTES , BE SECONDS WEST 996.30 FEET TO THE POINT OF
BEGINNING . IN THE TOWNSHIP OF BRISTOL . KENDALL COUNTY , ILLINOIS .
PARCEL TWO :
EASEMENT ( FOR INZRESS AND EGRESS ) CREATED BY WARRANTY DEED DA7ED
i J!!NUARY 25 , 1935 AND RECORDED JANUARY 26 , 1935 IN BOOK 85 OF DEEDS PACE
638 MADE B'. 'ELIZABETH H . WAYNE AND JOSEPH N . WAYNE , HER HUSBAND TO
ARTHUR L . COLLINS FOR THE BENEFIT OF PARCEL 1 OVER THAT PART OF THE
NORTH EAST . 1 /4 OF SECTION 33, TOWNSHIP 37 NORTH . RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN :SCRIBED AS FOLLOWS : COMMENCING AT THE NORTH
EAST CORNER OF SAID NORTH EAST 1 /41 THENCE WEST ALONG THE NORTH LINE OF
SAID NORTH EAST 1 /4 "685 . 06 FEET1 THENCE SOUTH 011 DEGREES , 35 MINUTES ,
00 SECONDS WEST 216 .26 FEET , THENCE SOUTH 004 DEGREES, 80 MINUTES , 00
SECONDS EAST 706 . 73 FEET TO THE NORTE'TRLY �LINE EXTENDED WESTERLY OF A
( 6 . 0 FOOT WIDE LANE LEADING TO NELSON J. QUNISEYIS SUBDIVISION. AS
RECORDED MARCH 3 , 1922 IN BOOK 7 OF PLATS , PAGE 11 AND TO THE POINT OF
BEGINNINGI THENCE NORTH 004 DEGREES . 00 MINUTES . 00 SECONDS WEST TO THE
SOUTH LINE OF QUINSEY ROAD ( THIS LINE HEREINAFTER REFERRED TO AS LINE '..
• A ' ) , THENCE EASTERLY ALONG SAID SOUTH LINE; TO A POINT 16 . 0 FEET EAST
OF AM ) MEASURED AT RIGHT ANGLES TO SAID LINE °A• I THENCE SOUTH PARALLEL
TO SAID LINE °A• TO A POINT SOUTH 084 DEGREES , 45 MINUTES , 38 SECONDS
EAST OF THE POINT OF BEGINNINGI THENCE NORTH 00i . DEGREES . 45 MINUTES,
38 SECONDS WEST TO THE POINT OF DEGINNINGI IN THE TOWNSHIP OF BRISTOL ,
KENDALL COUNTY , ILLINOIS .
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® CtTy Memorandum
la
To: Plan Commission
EST 1836 From: Travis Miller
CC : Annette Williams (for distribution)
09 �� � Date: June 5, 2008
02® Subject: PC 2008-12 Zangler Woods — Plat of Subdivision
Background: M
The petition requested annexation of the property in 2007 and was reviewed by the Plan
Commission October 10, 2007 and was recommended for approval subject to the staff
comments prepared October 2, 2007 (attached) with the exception of a recommendation
made by staff for the annexation agreement to include a provision to require the creation
of an easement for a future multi-use trail. This provision was removed from the draft
agreement based on this recommendation and City Council direction given to staff at the
October 23, 2007 Public Hearing.
Prior to final approval of the annexation agreement, the petitioner decided to prepare this
subdivision plat for approval simultaneously with the annexation.
The terms of the annexation agreement drafted in 2007 included provisions for utility
easements which should be included on this plat and are explained below.
Staff Comments and Recommendations:
1 . Zoning Ordinance 10-4-5 requires all land annexed into the City be classified as R- 1
Residential. The petitioner is not requesting a re-zoning from this classification upon
annexation. The proposed plat was reviewed assuming R- 1 Zoning Classification.
2. Plat of Subdivision Sheet 1 comments: (Comment from October 2, 2007 report) - Staff
recommends the subdivision plat include the following public easements:
a. A utility easement to allow the extension of a sanitary sewer line across (east-
west) the property in the future to serve the homes on Quinsey Lane east of the
subject property. In the October 2, 2007 staff report, Joe Wywrot, City Engineer
advised this easement width should be a minimum of 30 feet wide. This
easement location should be in line with the existing manhole where the sewer
makes a bend to the west and could be aligned to accommodate the future home
and pool locations depicted on the proposed grading plan.
b. An additional ten ( 10) feet is proposed to be added to the existing utility easement
along the west property boundary based on previous staff comments.
i. Note: A sanitary sewer and storm sewer already occupy the existing
easements along the west property line. The additional dedication will
enable the City to extend a watermain along this same alignment for future
extensions to the west through the Woodworth property.
c. An additional 10-foot wide public utility and drainage easement is proposed to be
dedicated immediately east of and adjacent to the existing easement dedicated as
Document 200400003975 based on previous staff comments. This easement runs
from the north property line to the E-W sanitary sewer easement discussed in item
(a) above.
United City of Yorkville Memo
800 Game Farm Road
Esr , 1836 Yorkville, Illinois 60560
Telephone: 630-553-8545
Fax: 630-553-3436
<CE y®12
Date: October 2, 2007
To: Plan Commission
From: Travis Miller, Community Development Director
Cc: Stephanie Boettcher, Senior Planner (for distribution)
Subject: PC2007-23 Zangler Property Annexation Request
Comprehensive Plan Recommendations:
The Comprehensive Plan Land Use Plan for the property recommends Suburban
Neighborhood Land Use for the majority of the property with Park/Open Space Land Use
along the western portion and along the Fox River frontage.
Staff Comments:
1 . Zoning Ordinance 10-4-5 requires all land annexed into the City be classified as
R- 1 Residential. The petitioner is not requesting a re-zoning from this
classification. The R- 1 zoning district is appropriate zoning to be consistent with
the Comprehensive Plan recommendation.
2. Staff recommends the Annexation Agreement include provisions to establish the
following public easements (refer to Attachment 1 ):
a. A utility easement to allow the extension of a sanitary sewer line across
(east-west) the property in the future to serve the homes on Quinsey Lane
east of the subject property. Joe Wywrot, City Engineer has advised this
easement width should be a minimum of 30 feet wide.
b. An additional ten (10) feet be added to the existing utility easement along
the west property boundary.
c. An easement for a multi-use trail along Quinsey Lane (north property
boundary), follow the west property boundary allowing for connection to
the adjacent property on the west.
3. The petitioner will be requesting annexation to YBSD for only a portion of the
property. The intention is to annex an area surrounding the proposed home site
only. Staff recommends this issue be resolved between the petitioner and YBSD
and addressed in the annexation agreement. It should be clearly stated in the
Annexation Agreement that in the event this property is further developed/divided
into additional home sites, those homes would be required to be served by
sanitary sewer and the YBSD territory would be expanded as necessary.
1
PLAT OF TOPOGRAPHY -
IEGENDA
A7 Attachment 1
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-
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Existing Utility Easement
10' Requested Addition
to Utility Easementf
- Requested 30' Sanitary Easement
A
—� Requested Multi-Use Trail Alignment, x*;\ �• .r=
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United City of Yorkville G/S The Data is provided without warranty or any representation of x
Y accuracy,timeliness,or completeness.It is the responsibility of the
Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and w
Provided By Kendall County G/S appropriateness of its use.The United City of Yorkville makes no
warranties,expressed or implied,to the use ofthe Data. '
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-7575
f.E \VV
PC ff ° !
APPLICATION & PETITION
Please Check One: Preliminary Plan
X Final Plat
Development Name: Date of Submission: 'g7 zo ) as
1 . Name ofPetitioner(s): 'MAsDd f'DMOWE 77' Zahele - ZP lA4—�C4
Address: 60 Cl a i. fr / n a.4.& Palo,
Phone Number: d )a, srb. %°ssLe ° Fax Number: wo rgg 7 (04/C
Email Address: 1 /0o ,o/1e eJ (J
2. a). Street address and physical location of subject property: Ply 4* /)k I vc�
b). Legal description of property; attach as Exhibit "A
c). Total Acreage: Z • A 6
3. Contact Information: Name, address, phone number, fax number, and email address of
person to whom iin�quhies regarding this petition may be directed;
+.3 & 50N f oe oC 0 r C> bawd.,
Attorney: Name: 71 . Z®u to
Address: 410 13PwYo sr��4 , eewg4U (. c ,ate . , iL &00/4/
Phone Number: 8 1l:r. yS9 SSon Fax Number: 3/s . 4✓s9 aqm
Email Address: i zaua+t 0 LGwIaW ev #"
Page 1 of 8
United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06
Continued — 3. Contact Information
Engineer: Name: P0. 44 gyimtrtr$�
Address: &ZI Z?WAiALIj
Phone Number: G3o, xrs. 7s4o Fax Number: y94D. er3 . `7& 41G
Email Address: )01400,. &K
Land Planner: Name: P4; / 5vCa4tjo4cjr4-
Address: &3.1 /04.41Kt vdr. LL!/4 ;W/t
Phone Number: Co3o . ssJ, 7 rce v Fax Number: (via sX , 7& °/`
Email Address: veP 4. +t Sec. ce e+ jO/ ` . e......s
4. Submit the following to the Deputy Clerk in order to be scheduled for the necessary
committee meetings. An incomplete submittal could delay the scheduling of your project.
a. Original application with legal description plus 40 copies.
b. Appropriate filing fee (Please refer to Page 3 of this application "Petitioner Route,
Step 1, Fees" and/or contact the Deputy Clerk for verification of this amount).
c, To begin the review process, the initial submittal must consist of:
1 . 12 sets of Preliminary Plans /Final plats folded to fit in a 10" x 13" envelope
2. 7 sets of Landscape Plans folded to fit in a 10" x 13" envelope
3. 7 sets of Preliminary /Final Engineering folded to fit in a 10" x 13" enveloped.
d, One CD containing one electronic copy (pdf) of each of the signed application
(complete with exhibits), preliminary plan or final plat, landscape plans, engineering
plans.
Within one week of receipt of submittal, the Engineering Department will determine if
it is complete or if additional information is needed. Once the submittal is complete,
the Plan Council Meeting date will be scheduled for the next meeting that is 6 weeks
from this date. One week prior to your scheduled Plan Council meeting, you will be
required to submit 15 full size preliminary/final site plans for the packets distributed
to the members.
Page 2 of 8
United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06
In witness whereof the following petitioner(s) have submitted this application under oath and
verify that to the best of their knowledge its contents are true and correct.
bate: 's/Z '" / ty
Petitioner(s) Signature: (All legal property owners signatures or their authorized agents (i.e. Planner,
Petitioner's Attorney, Engineer) must appear on this application.)
Subscribed and sworn to before me this A o 7/ day of M A IJ 200 S
`fJ = `)'h
No ry Seat OFFICIAL ci!
JUDITH M K,,', S ER
NOTARY PUBLIC S" = WjVm TIONMUSTBE NOTARIZED,
MY COMMISSION EAP ,-,S 01/31!12
Page 3 of S
United City of Yorkville Preliminary/Pinal Plat Application Revised: 1/27/06
PRELIMINARY PLAN/FINAL PLAT
PETITIONER ROUTE
Step 1: Petitioner must submit a completed application, fees' and all pertinent materials to the
Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting.
Petitioner is responsible for making submittals to other review agencies such as Kendall
County, Illinois Department of Transportation, Illinois Department of Natural
Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City.
*Fees: 1. Preliminary Plan Fee - $500/Final Plat Fee - $500
a. Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost
of all land improvements, to be determined by City Engineer.
b. Engineering Review Deposit - up to 1 acre = $ 1 ,000;
over 1 acre but not over 10 = $2,00
over 10 acres, but not over 40 = $5,000
over 40 acres, but not over 100 = $10,000
over 100 acres = $20,000
c. Deposit for Outside Consultants - under 2 acres = $1,000
2 to 10 acres = $2,500
over 10 acres = $5,000
Note: Owner/Developer will be responsible for payment of recording fees and
costs, public hearing costs including a written transcription of public
hearing and outside consultant costs (i.e. legal review, land planner,
zoning coordinator, environmental, etc.). Should Owner/Developer not
pay these fees directly, they will be responsible for reimbursing the United
City of Yorkville for the aforementioned fees and costs.
Note: Yore must present yourpltnt at eacli of the rrveetir:gs below as indicated.
Step 2: Plan Council: The Planning Council meets the 2nd and 4th Thursday of the month at
930 a.m. in the City Administration Office. Upon recommendation by the Plan Council,
you will move forward to the Plan Commission Meeting. Attendees to this meeting
include: City Administrator, Community Development Director, Sanitary District
Director, City Engineer, Building Department Official, Emergency Medical Rep, Public
Works Director, Executive Director of Parks and Recreation, Fire Department Rep, and
Police Chief.
Step 3: For Preliminary Plans only; Park Board Planning Meeting: The Park Board makes
recommendations on any Park Sites included in the development. The Park Board
Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront
Building, 301 E. Hydraulic Street.
Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month
at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a
recommendation for the City Council's consideration. The Plan Commission consists of
10 members appointed by the Mayor, the City Attorney and City Land Planner.
Page 4 of 8
United City of Yorkville Prelindnary/Final Plat Application Revised; 1127/06
Step 5: Committee of the Whole: The Committee of the Whole meets the first and third
Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project
will be discussed in an informal atmosphere at the Committee of the Whole where no
formal voting takes place. This session is to discuss and consider recommendations of
prior committee meetings.
Step 6: City Council: The City Council meets the second and fourth Tuesdays of the month at
7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting
takes place.
If this project has included an annexation and/or zoning petition, a Public Hearing will be
held at this time with notice given by publication. Any annexation agreement, PUD
agreement or development agreement must be signed by the Petitioner prior to being
voted on by the City Council. Prior to the recording of the final plat, the petitioner must
pay the Administration Fee. This is equal to 1 .75% of the approved engineer's estimate
of construction costs of land improvements, including but not limited to all public
improvements to be dedicated to the City, mass earth grading, and quasi-public
improvements to be maintained by the homeowner's associations such as private storm
sewer, parking areas, and trails.
I
Step 8: Final Plat recording instructions: Once the final plat is approved by the City Council
and all required documents, bonds, and letters of credit are submitted to the City, the final
plat may be recorded with Kendall County. Submit the final plat mylar to the Deputy
Clerk for signatures. When all City signatures are in place, the developer or his surveyor
may take the mylar to the Kendall County Clerk for his signature. The next step is to
have six paper prints made and return to the Kendall County Recorder's office for
recording. Kendall County requires the mylar and four paper copies. The City of
Yorkville requires that you submit two recorded paper copies to the Deputy Clerk. Any
copies you may require would be in addition to these.
Agreement:
I understand and accept all requirements, fees as outlined as well as any incurred Administrative
and Planning Consultant Fees which must be current before this project can proceed to the next
scheduled committee meeting.
Please sign and return (retaining a copy for your records) to the Deputy Clerk n' ed City of
Yorkville, 800 Game Farm Road, Yorkville, Illinois 605 .
Date S gnature o etitioner
Page 5 of 8
United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06
CHECK LIST FOR PRELIMINARY PLANS
SECTION 1: WRITTEN DOCUMENTS
1 . A land use application containing the following: Not Applicable Acceptable Deficient
A. A statement of planning objectives to be achieved by the plan _
B. A time schedule of the proposed development of the area
covered by such preliminary plan _
C. Exceptions or variations to City Zoning or Subdivision
Ordinances being requested as part of the plan, including the
specific section of the Ordinance. _
2. A boundary survey of the area covered by such preliminary plan,
prepared and certified by a registered Illinois surveyor. _
SECTION2: GENERAL PLAN INFORMATION
1 . A rendered outline of the area covered by such preliminary
plan drawn at a scale of not less than 1 inch equals 100 feet.
2. The plan must contain the following information:
A. Scale
B. North Arrow _
C. Original and Revised dates _
D. Name and address of owner of record
E. Name and address of site plan designer
F, Current zoning of the property T
G. All categories of proposed land use _
3. The following information regarding contiguous property:
A. Location of contiguous property
B. Zoning of contiguous property
C. Land use of contiguous property
4. The following site data provided in the lower right comer:
A. Size of property in square feet or acres
B. Square footage and percent of site coverage with buildings
C. Square footage and percent of site coverage with pavement
D. Number of parking spaces to be provided
E. Number of parking spaces required by zoning ordinance
F. Number of proposed buildings/dvvellingunits/lots
SECTION3: PLAN DATA REOUIREMENTS
1 . A site location map.
2. Dimensions of the property.
3. A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not
less than one inch equals one hundred feet.
4. A detailed plan for the treatment of any proposed stormwater detention or retention facilities. '..
5. Existing or proposed public roads, streets, and alleys, including classifications, width of right-of-way and paved
surfaces, and existing and proposed sidewalks.
6. Dimensioned building setbacks, and as applicable; areas for off-street parking, trucking maneuvering and
service, and open space/recreational facilities.
7. A schematic of existing or proposed public utility systems, including the size of sanitary sewers, storm water
lines, & streetlights.
8. Existing vegetation and plantings.
9. Any other information required by the City, to clearly show the proposed site plan elements.
Page 6 of 8
United City ofYorhille Prelin inary/final Plat Application Revised: 1/27/06
CHECK LIST FOR FINAL PLANS
SECTION I : WRITTEN DOCUMENTS
1 , A land use application containing the following: Not Applicable Acceptable
Deficient
A. A statement of planning objectives to be achieved by the plan. _
D. A development schedule, indicating the approximate dates for
construction of the Final Plan.
E. Petitioners proposed covenants, restrictions, and conditions to
be established as part of the Final Plan.
F. Exceptions or variations to City Zoning or Subdivision
Ordinances being requested as part of the Final Plan,
including the specifics of the Ordinance. _
SECTION 2: GENERAL, PLAN INFORMATION
1 , Must be drawn to accurate engineering scale.
2. Must contain the following information:
A. Scale
B, North Arrow
C. Original and Revised dates
D. Name and address of owner of record _
E. Name and address of site plan designer
3. The following information regarding contiguous property:
A. Location ofcomiguousproperhy _
B. Zoning of contiguous property -
C. Land use of contiguous property
4. Site data to be provided in lower right hand corner:
A. Legal Description
B. Size of property in square feet and acres _
C. Current Zoning
D. Square footage & percent of site coverage with buildings
E. Square footage & percent of site coverage with pavement
F. Square footage & percent of site coverage with landscaping _
G. Number of parking spaces required by zoning ordinance _
H, Number of parking spaces to be provided
1. Number of buildings
J. Number of dwelling units —
K. Breakdown of dwelling unit bedroom types
5. Landscape data to be provided in lower left hand corner:
A. Number of plantings by type
B. Size of plantings at installation
C. On-center spacing for hedges (Should be 3 feet apart) — _
D. Caliper size of all trees at installation
Page 7 o S
United City ofYorkvillc Preliminary/Pinal Plat Application Revised: 1/27/06
CHECK LIST FOR FINAL PLANS CONTINUED
SECTION 3: PLAN DATA REQUIREMENTS
1 . Dimensions of property.
2. Existing and proposed public and private sd eets, right-of-ways, driveways, all principal and accessory buildings
and their uses, dimensioned building setbacks, lot sizes, sidewalks, off-street parking, service areas, open
spaces, and recreation facilities.
3, Preliminary architectural plans for all residential buildings, in sufficient detail to show basic building plan.
4. The existing and proposed vehicular and pedestrian circulation systems, indicating their inter-relationship and
proposed treatments of points of conflict.
5. Existing and proposed utility systems, including sanitary sewers, water, electric, gas, telephone, and cable
television lines, including their sizes.
6. Proposed public and private lighting systems.
7. Existing and proposed easements for utility services.
3. Proposed signage, indicating location and size.
9. Existing vegetation and plantings.
10. Proposed berming and fencing.
11 . The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open
space, public parks, recreational areas, school sites, and similar semi-public uses.
12. Any other information necessary to clearly show the proposed site plan elements.
Page 8 of 8
United City of Yorkville Preliminary/Final Plat Application Revised; 1121/06
i�
"Exhibit A"
SUBJECT PARCEL LEGAL DESCRIPTION:
LOT 2 IN PRAIRIE POINTE SUBDIVISION AS RECORDED NOVEMBER 30, 2006
AS DOCUMENT NUMBER 200600038768, BEING A SUBDIVISION OF PART OF
SECTIONS 21 AND 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS,
.I.R+sI owpR./,IM98nli
PRELIMINARY / FINAL PLAT OF SUBDIVISION in SECGROUP, INC.
PRAIRIE POINTE FIRST ADDITION � �
6!h F.bMIebw Or ulli 9-911
L6iRgi L�6TM
LOMP. FtE: 060644-wT 21wwb Or" cases
oy
�5 �00 CNCREE BEING A RESUBDIVISION OF LOT 2 OF PRAIRIE POINTE SUBDIVISION, MmrNeSTANARV
PO Dry MONUMENT A SUBDIVISION OF PART OF SECTIONS 21 AND 26, TOWNSHIP 36 Met. Plater sr.y
_ a NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
CROSS AGCNOO EA•BMUNT X6REW ONANTKD:
/ J
A RECIPROCAL EASEMENT IS A HEREBY RESERVED FOR AND S GRANTED TO THE
AND OWNERS OF LOTS 1 AND 2 AND THEIR AREAS O, FOR I LOW I AND 2. 6
AND CROSS ACCESS OVER THE PAVED AREAS OF WID LOW 1 AND 2.
\ \ CROSS Actual Is INORt00 EOREOO EAO[M{NT
RCVIOV BLY NT60:
wQr \ Lf NOT EASEMENT AN SUBDIVISION IS SUBJECT TO AND BENEFITBAS FROM
ENT CROSS
PER ACCESS
`CS EASEMENT ANDA RECIPROCAL INGRESIVEGRESS
SUBDIVISION,, R EASEMENT PER THE
\ \ RECORDED PLAT OF PRAIRIE POINTE SUSDIVIBION, RECORDED NOVEMBER
INCLUDED 90, 2008 AB DOCUMENT NUMBER 2006-68768.
Du a'b LOT 2 \
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\
J. 5/B' 5)£EL RODS SET O AU EXIDWOM CORNERS UN[ OAIERWSE NOTED. 5/B'
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T \ \ / /\ 4. DIMM90015 ALONG CURYES ARE ARC D/STAN= UNLESS OA/£RWSE NOI£D.
\ / / \ S NO DIMEMSILMS SNAIL RE ASSUMED SY SNUN0.
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\ 200' ass- d' 9E�/ / \ ]. BfMINGS ARE RASED MY WE R£GOROED PLAT Me PRAIRIE POINTE SUBDIN90h..
LOT I a SEE COWNMTS MD RESTRICRGNS FOM EASEMENT PR WNMS NOT SHOKN HMEM.
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tea{' 3j, /aa Not as menhad by me Mot Act (Nlhda ReN«d sfatu« 1968, CA fr 108, 5«flon r), cad COVDM£IE MMWMT TO BE SET
mot dl whether mmumenh wX be one with r2 mmfn, a/ fn. recwdafha u/ Mx Mol. An
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U.S.P.S. LANDS \ \ .,e" 6 AH/ae H came Marble M,mxpd Cade, as now or he'eanw "versus
\ \ O�bP Res pro/ssda a nepace compares to me cm.«t Mori mmanum efmdwM Aw a bounder Y. — — — — — — EASENEM 11NE
Doc. No. 200400033642 I
NYTE, only those eummng une R«ldanane w Eocemmh .Foxe an PRAIRIE PoweI \ Grwr prow my hand aea seat ads _ car o/ AD., 26_
o Recorded wedlAsan Plot ore ebom hanon unless the I SUBDIVISbOp013 \
description owered to be surwwd contains a proper description of 00 PRELIMINARY/FINAL PLAT OF SUBDIVISION
me required bulMMg lines or basements N° 2
Basis of water, for this survey REcan YD PUT LF SUBLVNS'M' OC.
No dishonest should be assumed by «alh9. pe( D 05ca \ PRAIRIE POINTE FIRST ADDITION
• No underground improvements how been Iowted unless Mom GR t Pro/wlond Made Land 9r� Na X609
and notes. LOT 4 6 PART OF LOT 2 IN PIMPLE POINTE SUBDIVISIONr
• No representation an be Ownership, use, w poesmlon should be DEIpz 4,$1 Ucm« eyhad/m cote : 11/JY/20D4 UNITED CITY OF YORKVILLE,
0 11his Pmplled. JE. O J� KENDALL COUNTY, ILLINOIS
Thk =and Plat of Survey are witl wIIM1OUI wiglnol rmboned
w era cowed end ash signature mplai Y P l
• ReM work for lbh epaver mn ons to We cement a/ds/D6 .
• mmo pmfssMwal entice canmrm. m m. aua«t giaola minimum
standards M a boundary surver and was performed tar. RENRWS DNV BT INT: DAiD PROJECT N0.
LAS 060444
2 i OSN BY-. INT: NOPoZ SCALE SNFET ND.
Cwnpaw four d«nlptim and Me moult• with this plat and
AT CNCE report any dlswepon es; which yw may find.
F+ Dse ST INT: VIItT 6CAlE 1 OF 2
S NR£
M111Yb.DIOR..1N6A01M
PRELIMINARY / FINAL PLAT OF SUBDIVISION SEC GROUP. INC.
In al9A' ..eoR.rr.aE0Ankma W Illml
PRAIRIE POINTS FIRST ADDITION . WANPKWNM,w..L�
IN
COUR EUC Osw..-Lar s rwe w?" woos
BEING A RESUBDIVISION OF LOT 2 OF PRAIRIE POINTE SUBDIVISION/ AO. �.2 e, bb
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PRELIMINAW/FINAL PLAT OF SUBDIVISION
am Lxmx PRAIRIE POINTE FIRST ADDITION
Ail
Kendal County has a Al Uch tmdlflm M agNmlture PART OF LOT 2 IN PRAIRIE POINTE SUBDIVISION' '..
and mgects the rde Nat {mmHg continues to play UNITED CITT OF YORKVILLEA
M shaping the ecmmnk vIlm Y of the country KENDALL COUNTTr ILLINOIS
Pnonal Mat sOppmts Ms industry to Mdkoted by a
zoning Rohl - A-1 m AD Si lal Use. Anyone
mslmchng a residence or fo lty Coll this zmAB
REMSONS I SPUN BY: IMP OAIE PROJECT N0.
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= der Memorandum
To: Plan Commission
esr _ <: leas From: Travis Miller/Stephanie Boettcher
,—
<] CC : Annette Williams (for distribution)
14 1',p $ Date: June 5, 2008
Subject: PC 2008 – 15 Prairie Pointe Lot 2, Preliminary & Final Plat
LE
Project History
The subdivision process has been necessitated do to the special use application for a day care
proposed for only a portion of Prairie Pointe Lot 2 (daycare proposed on Lot 1 of the currently
proposed 2 lot subdivision). The subdivision process is dividing Lot 2 of the original Prairie
Pointe Subdivision into two lots.
Zoning Requirement – B-3 Service Business District
Lot Area: Greater than 10,000 square feet
Front Yard: Minimum 50 feet
Side Yards: Minimum 20 feet
Rear Yard: Minimum 20 feet
Transitional Yard: Minimum 30 feet
Parking Lot Setbacks: (Nonarterial Roadways) Minimum 10 feet from property line.
Lot Coverage: Maximum 50%
Building Height: Maximum 80 feet
Staff Comments and Recommendations:
Proposed Lot 2 - Front Yard:
Based upon definitions of front yard, front lot line and frontage, a front yard cannot be
established for the proposed Lot I (see definitions below). Relief from the definitions and from
the setback requirements would need to be granted as part of this plat approval
YARD, FRONT: A yard which is bounded by the side lot lines, front lot line and the
front yard line.
YARD LINE: A line in a lot that is parallel to the lot line along which the applicable yard
extends and which is not nearer to such lot line at any point than the required depth or
width of the applicable yard. A building, structure or other obstruction shall not encroach
into the area between the "yard line" and such adjacent lot line, except for such permitted
obstructions in yards as are set forth in this Title.
LOT LINE, FRONT: The front property line of a zoning lot.
LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a public or
private street; for a corner lot, the front shall be the narrowest side edge of the lot fronting
on a street; provided, that the owner may orient his building toward either street.
Proposed Lot 2 - Access:
In serving Lot 2 is proposed to cross Prairie Pointe subdivision Lot 1 — refer to the
3` sheet of the plan submittal for location of existing parking area and access stubs planned to
serve proposed Lot 2.
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CONSUL"fANTS, LTD.
CHILDREN OF AMERICA DAYCARE CENTER '°°°"""'" i °`S"" "" -
'x UNITED CITY OF YORKVILLE - _ - °^"--- oIr�.M� _..__.. .._
United City of Yorkville
800 Game Farm Road
Eat. - 1836 Yorkville, Illinois 60560
o Telephone : 630-553 -4350
*A, � Fax: 630-553 -7575
PC #
APPLICATION & PETITION
Please Check One: Preliminary Plan
X Final Plat
Development Name: Uw {` d �t{ Ltc3t � Date of Submission:
1 . Name of Petiti6ner(s): Lk risk(' d CA (A
rr
Address: C Me , r \ E l^iGc I le
Phone Number: (� ;� t� S `� � i I A GL, Fax Numbe :
Email Address: c
2. a). Street address and physical location of subject property:
�\/ a 4 I� cs � ( le 1 LC lrGSt� t�
bS - c5 -� t (� c1Co4
b). Legal description of property; attach as Exhibit "A". �l 'J,> u a
c). Total Acreage: JT 15 i Ct&tkf-e2J
3 . Contact Information: Name, address, phone number, fax number, and email address of
person to whom inquiries regarding this petition may be directed:
Attorney: Name:
Address: ( emu , J � C /I -E 4 0711
Phone Number: 3 12, 3 32 �I 1 ;;S Fax Number:3 f z- � .31- 2-1 ?l
Email Address: �(" �J a S S c C tYt
Page 1 of 8
United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06
Continued — 3 . Contact Information
Engineer: Name: L S
Address: 11G7r1F { i ,�
Phone Number: �= Fax Number: is :3 L+ `4 6 of 3 3
X j3L
Email Address: 1e y
Land Planner: Name: I r'CI I 't S f y { L1eY
Address: C ) crQ FYie, U I& ACC G r zl �� + !% T' F Z'
Phone Number: FaxNumber� :iC
G� '�C _r7�� � � Zj
Email Address: P
4. Submit the following to the Deputy Clerk in order to be scheduled for the necessary
committee meetings. An incomplete submittal could delay the scheduling of your project.
a. Original application with legal description plus 40 copies.
b. Appropriate filing fee (Please refer to Page 3 of this application "Petitioner Route,
Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount).
c. To begin the review process, the initial submittal must consist of:
1 . 12 sets of Preliminary Plans /Final plats folded to fit in a 10" x 13" envelope
2. 7 sets of Landscape Plans folded to fit in a 10" x 13" envelope
3 . 7 sets of Preliminary /Final Engineering folded to fit in a 10" x 13" enveloped.
d. One CD containing one electronic copy (pdf) of each of the signed application
(complete with exhibits), preliminary plan or final plat, landscape plans, engineering
plans.
Within one week of receipt of submittal, the Engineering Department will determine if
it is complete or if additional information is needed. Once the submittal is complete,
the Plan Council Meeting date will be scheduled for the next meeting that is 6 weeks
from this date. One week prior to your scheduled Plan Council meeting, you will be
required to submit 15 full size preliminary/final site plans for the packets distributed
to the members.
Page 2 of 8
United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06
In witness whereof the following petitioner(s) have submitted this application under oath and
verify that to the best of their knowledge its contents are true and correct.
Date: ( , / g / (3
Petitioner(s) Signature: (All legal property owners signatures or their authorized agents (i.e. Planner,
Petitioner's Attorney, Engineer) must appear on this application.)
Vt -
Subscribed and swom to before me this day of 200 $
Notary Seal
IS APPLICATION MUST BE NOTARIZED.
OFFICIAL SEAL
MEGMAN GENR
NOTARY PUBLIC. STATE OF UAW
W COMISSMENPNIE8:11MGM1 -
Page 3 of 8
United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06
LEGAL DESCRIPTION
EXHIBIT "A"
THAT PART OF THE NORTHWEST QUARTER OF SECTION 4 AND THE NORTHEAST
QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST
CORNER OF LOT 1 , BLOCK 2, FOX INDUSTRIAL PARK, UNIT 4, KENDALL COUNTY, IL;
THENCE NORTH 01 DEGREES 44 MINUTES 07 SECONDS WEST ALONG THE WEST LINE
OF SAID LOT, 390.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 81
DEGREES 52 MINUTES 08 SECONDS WEST ALONG THE SOUTH LINE OF WOLF STREET
AND THE SOUTH LINE OF LOT 5, BLOCK 2, FOX INDUSTRIAL PARK, KENDALL COUNTY,
ILLINOIS, UNIT 5, A DISTANCE OF 470.59 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 5; THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST ALONG THE WEST
LINE OF SAID LOT 5 EXTENDED SOUTHERLY, 390.00 FEET TO THE SOUTH LINE OF SAID
LOT ONE EXTENDED WESTERLY; THENCE SOUTH 81 DEGREES 52 MINUTES 08
SECONDS EAST ALONG SAID EXTENDED SOUTH LINE 470.59 FEET TO THE POINT OF
BEGINNING, EXCEPTING THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE
SOUTHWEST CORNER OF SAID LOT 1 ; THENCE NORTH 01 DEGREES 44 MINUTES 07
SECONDS WEST ALONG THE WEST LINE OF SAID LOT, 390.00 FEET TO THE
NORTHWEST CORNER THEREOF; THENCE NORTH 81 DEGREES 52 MINUTES 08
SECONDS WEST ALONG THE SOUTH LINE OF SAID WOLF STREET AND THE SOUTH LINE
OF SAID LOT 5, 240.22 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS
EAST, 27.59 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST, 155.04
FEET; THENCE SOUTH 88 DEGREES 15 MINUTES 53 SECONDS WEST, 171 .79 FEET;
THENCE NORTH 01 DEGREES 44 MINUTES 07 SECONDS WEST, 155.04 FEET; THENCE
NORTH 88 DEGREES 15 MINUTES 53 SECONDS EAST, 171 .79 FEET TO THE POINT OF
BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
PRELIMINARY PLAN/FINAL PLAT
PETITIONER ROUTE
Step 1 : Petitioner must submit a completed application, fees* and all pertinent materials to the
Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting.
Petitioner is responsible for making submittals to other review agencies such as Kendall
County, Illinois Department of Transportation, Illinois Department of Natural
Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City.
*Fees: 1 . Preliminary Plan Fee - $500/Final Plat Fee - $500
a. Engineering Review Fees - 1 .25% of the approved engineer' s estimate of cost
of all land improvements, to be determined by City Engineer.
b. Engineering Review Deposit - up to 1 acre = $ 1 ,000;
over 1 acre but not over 10 = $2,00
over 10 acres, but not over 40 = $5 ,000
over 40 acres, but not over 100 = $ 10,000
over 100 acres = $20,000
c. Deposit for Outside Consultants - under 2 acres = $ 1 ,000
2 to 10 acres = $2,500
over 10 acres = $5,000
Note: Owner/Developer will be responsible for payment of recording fees and
costs, public hearing costs including a written transcription of public
hearing and outside consultant costs (i.e. legal review, land planner,
zoning coordinator, environmental, etc.). Should Owner/Developer not
pay these fees directly, they will be responsible for reimbursing the United
City of Yorkville for the aforementioned fees and costs.
Note: You must present your plan at each of the meetings below as indicated.
Step 2 : Plan Council: The Planning Council meets the 2nd and 4th Thursday of the month at
9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council,
you will move forward to the Plan Commission Meeting. Attendees to this meeting
include: City Administrator, Community Development Director, Sanitary District
Director, City Engineer, Building Department Official, Emergency Medical Rep, Public
Works Director, Executive Director of Parks and Recreation, Fire Department Rep, and
Police Chief.
Step 3: For Preliminary Plans only; Park Board Planning Meeting: The Park Board makes
recommendations on any Park Sites included in the development. The Park Board
Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront
Building, 301 E. Hydraulic Street.
Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month
at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a
recommendation for the City Council's consideration. The Plan Commission consists of
10 members appointed by the Mayor, the City Attorney and City Land Planner.
Page 4 of 8
United City Of Yorkville Preliminary/Final Plat Application Revised: 1/27/06
Step 5: Committee of the Whole: The Committee of the Whole meets the first and third
Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project
will be discussed in an informal atmosphere at the Committee of the Whole where no
formal voting takes place. This session is to discuss and consider recommendations of
prior committee meetings.
Step 6: City Council : The City Council meets the second and fourth Tuesdays of the month at
7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting
takes place.
If this project has included an annexation and/or zoning petition, a Public Hearing will be
held at this time with notice given by publication. Any annexation agreement, PUD
agreement or development agreement must be signed by the Petitioner prior to being
voted on by the City Council. Prior to the recording of the final plat, the petitioner must
pay the Administration Fee. This is equal to 1 .75% of the approved engineer's estimate
of construction costs of land improvements, including but not limited to all public
improvements to be dedicated to the City, mass earth grading, and quasi-public
improvements to be maintained by the homeowner's associations such as private storm
sewer, parking areas, and trails.
Step 8: Final Plat recording instructions: Once the final plat is approved by the City Council
and all required documents, bonds, and letters of credit are submitted to the City, the final
plat may be recorded with Kendall County. Submit the final plat mylar to the Deputy
Clerk for signatures. When all City signatures are in place, the developer or his surveyor
may take the mylar to the Kendall County Clerk for his signature. The next step is to
have six paper prints made and return to the Kendall County Recorder's office for
recording. Kendall County requires the mylar and four paper copies. The City of
Yorkville requires that you submit two recorded paper copies to the Deputy Clerk. Any
copies you may require would be in addition to these.
Agreement:
I understand and accept all requirements, fees as outlined as well as any incurred Administrative
and Planning Consultant Fees which must be current before this project can proceed to the next
scheduled committee meeting.
Please sign and return (retaining a copy for your records) to the Deputy Clerk, United City of
Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560.
Date Signature of Petitioner
Page 5 of 8
United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06
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Memorandum
To: Plan Commission
EST 1836 From: Travis Miller/Stephanie Boettcher
Date: June 5, 2008
.¢ p Subject: PC 2008-17 Betzweiser Property - Plat of Subdivision
0� y�2
<CE lV
Subdivision Request
The City has negotiated the purchase of 3.54 acres in the Fox Industrial Park south and west of
the Badger Street and Wolf Street intersection.
There are two existing buildings on the property, one the City plans to acquire, and one which
has been condominiumized and will not be acquired which is within `Parcel One' described on
the subdivision plat;
The City Ordinance (as well as State statute) requires a subdivision to be created if the purchase
or transfer of the property involves new streets or new easements of access. A new easement of
access is required in this case to serve `Parcel One'; therefore, a subdivision had to be created.
Subdivisions are required to be composed of lots (or in this case a single lot). This subdivision
has only one lot (Lot 1) that includes the entire property shown less `Parcel One' (the
condominiums).
The Subdivision Plat document was prepared under the guidance of staff,
The access easement is on the existing paved areas within the shaded portions of the plat. Any
future paving in the southern portion of the lot will not be part of the access easement, but will be
for City use only.
Comprehensive Plan Recommendation for the Property
The 2005 Comprehensive Plan proposes Industrial land use for the subject property.
The Comprehensive Plan for Industrial Land Use states:
"[Intent] to allow limited general manufacturing, assembly, wholesale and warehouse uses in
distinct areas that can be served well by transportation and other infrastructure. "
Zoning Requirements — M-1 Limited Manufacturing District
Lot Coverage: maximum 60% of lot covered by all buildings
Front Yard: minimum 25 feet
Side Yards: not less than 10% of lot width, but not to exceed 20 feet
Floor Area Ratio: Maximum 0.8
'c -
li 2 =
r
!� Wolf St'. '
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Subject ,
LProperty ,
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47 =
Wall
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—
United City of Yorkville G/S The Data is provided without warranty or any representation of x
y accuracy,timeliness,or completeness.It is the responsibility of the �[
Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and W 63-E
Provided By Kendall County G/S appropriateness of its use.The United City of Yorkville makes no T
warranties,expressed or implied,to the use of the Data.