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Zoning Board of Appeals Packet 2008 06-04-08 op� 0 United City of Yorkville � 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 LE N ZONING BOARD OF APPEALS AGENDA Wednesday, June 4, 2008 7:00 P.M. City Council Chambers 800 Game Farm Road Meeting called to order: Roll Call: Previous Meeting Minutes: October 3, 2007 Public Hearings: 1 . ZBA 2008-01 Mark and Renee Buck, Chris Scott, and Tim and Tawnie Elwood, petitioners, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a height variance from Yorkville's City Code. The real properties' addresses are 354, 356 and 352 Twinleaf Trail, Yorkville, Illinois, located in the Whispering Meadows subdivision. The petitioners seek a variance from Section 10-3-2D1 (b) of the Municipal Code, which states that the maximum height of a fence is 6 feet. New Business: 1 . PC 2008-14 Raging Waves, LLC Series "A", a Delaware Series Limited Liability Co., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a text amendment to their annexation agreement regarding a signage. The petitioner seeks relief from Section 10-413 of the annexation agreement by replacing the amount of signage allowed on the O'Keefe property with a single illuminated permanent sign on Lot 3 , which would be up to 150 sq. ft. and up to 25 feet in height. Additional Business: Adjournment: Page 1 of 4 �F UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, October 3, 2007, 7pm Council Chambers Board Members in Attendance: Jeff Baker, Chairman Chris Funkhouser Dean Bromann Ben Moe Ryan Woods Others In Attendance: Anna Kurtzman Larry Franklin Gary Williams, Building Dept., City of Yorkville Robert Blahut Larry Hilt, Police Officer Todd Range Jerome Johnson Bryan Pruitt Kate Edwards Elaine Harker Geoff Edwards Michael Keck Jeff Olson, James Olson & Associates Wilfredo & Eva Cruz At 7:03 the meeting was called to order by Chairman Jeff Baker. Roll Call: Roll call was taken and a quorum was established. Previous Meeting Minutes (Corrections/Approvals): September 5, 2007 The minutes were approved as read on a motion by Bromann and Funkhouser. Unanimous approval. Public Hearing: 1 . ZBA 2007-34 Lawrence and Joanne Franklin, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a variance from Yorkville City Code. The real property's address is 212 Spring Street, Yorkville, Illinois, which is generally located at the southwest corner of Spring Street and Liberty Street. Petitioners are requesting a variance from Section 10-3-5A of the Municipal Code, which states that accessory buildings must be located at least five (5) feet from the rear and side lot lines. Chairman Baker explained to the meeting attendees how the meeting would be conducted. All those wishing to speak were asked to be sworn in as a group. Page 2 of 4 On a motion by Ben Moe and second by Ryan Woods, the Public Hearing ZBA 2007-34 was opened. The motion was approved unanimously on a voice vote. Petitioner Larry Franklin was asked to present his case. He asked for relief from the municipal code regarding placement of accessory buildings and said he was not aware of the code until the shed was almost completely built. Mr. Franklin had submitted an application for a building permit and thought he was doing everything correctly. A survey had been completed and a diagram showing the shed placement had been submitted. According to Mr. Franklin, no handouts were included in his paperwork that stated he needed to be five feet from the property line. He also noted that there are no known utility restrictions in the shed area. The petitioner stated that he takes great pride in the upkeep of his property. Mr. Franklin said he has also built a koi pond in his yard. While the shed is not completely done, he has spent over $2,000 thus far. He said the shed is not large and he would not have built it had he known of the restrictions. Chairman Baker then asked for any questions from the committee members. Bromann asked when the shed had been started and if it was cemented. It was started last November and is not a permanent structure since it is on a gravel base and situated on 4x4's. Mr. Franklin did not know what it would cost to have it removed/moved. Mr. Funkhouser noted that an illustration on the plat of survey shows the shed placement to be 7-8 feet from the property lines. Franklin said he did not understand that he had to draw this to scale. Gary Williams, Building Department representative, was asked to respond. He said that when an application is submitted for a shed, the applicant is informed that a plat of survey is needed showing the shed needs to be located five feet away from the property lines. He said the shed was already being built when Franklin applied for the permit. Mr. Franklin agreed that he had begun construction before the permit was issued, but had been told a permit was not required. Williams said that before a permit is issued, the survey must show that the structure will be at least five feet from the property lines. To clarify the ordinance, Baker said that accessory structures must have permits. This has been in effect since at least 1995. Since there is no utility easement in the shed area, Mr. Franklin said there would be no need to have utilities there and therefore, asked that the variance be granted on that basis. Other meeting participants were then asked to present their comments. Page 3 of 4 Kate Edwards of Earlville said she owns property, along with her brothers, at 211 E. Center St. This is directly south of Mr. Franklin. Ms. Edwards said her property was owned by her Father until April of this year when he passed away. In July, 2006 her Father informed Mr. Franklin of the setbacks and the need for a permit and proper inspections. She said it was her and her Father's wish that the shed not be built. Ms. Edwards saw work begin on the shed in November, 2006 and her Father went to the City to express his concerns about the lack of a permit. Ms. Edwards said a permit was not obtained until November 16, 2006, 12 days after construction began. In May of 2007 Ms. Edwards had a survey done which showed that the shed did not comply with City ordinances. She asked the Zoning Board to deny the variance. Jerome Johnson (brother of Ms. Edwards), of Bend, Oregon also spoke. He said he is a general contractor. He also asked for the variance denial and said the ordinances should be upheld. He said the placement of the shed is a detriment to his family's property and cited concerns about drainage and appearance of the yard. . Mr. Johnson also said that Mr. Franklin had constructed a play structure and swim apparatus over the property line. It was explained that there is a fence between the Edwards-Johnson and Franklin property. There was a brief discussion regarding possible new locations for the shed. Any possible sale of the Edwards/Johnson property could be affected by this shed according to Mr. Johnson. (Photos showing the shed area will become part of the official minutes). Brian Pruitt, formerly of 210 E. Spring St. said he had had several conversations with Mr. Franklin regarding the runoff and asked Franklin to install gutters. Franklin did remove a fence that was over the property line. Todd Range, 207 E. Spring St., northwest of the Franklin property, said he felt the ordinances should be upheld and that ignorance is not a defense. He felt the shed should be dismantled or moved. He felt this issue was a mistake on Mr. Franklin's part and that citizens must be careful of what is submitted to the City. Mr. Franklin spoke about the above comments. In regards to drainage, Mr. Franklin said that the Johnson property slopes in a manner that Mr. Franklin would receive the runoff. He added that he has lived at this address for almost 7 years. There was no further discussion and a motion to close the Public Hearing was made by Bromann and seconded by Funkhouser. It was closed on a unanimous voice vote at 7: 50pm. Page 4 of 4 Ms. Kurtzman explained the Finding of Fact and then proceeded with the Findings. (Findings are paraphrased): 1. . . . due to the physical surroundings . . . a hardship would result Response: No, no evidence was presented to address that 2. . . . conditions on which petition is based. . . are unique to the property Response: No 3. . . . alleged difficulty or hardship was caused by title and not by interested party Response: No, the cause is the structure itself 4. . . .granting of variance would not be a detriment to public welfare Response: Would not be a detriment, a real estate appraisal would be subject to opinion S. . . .proposed variation will not impair adequate supply of light and air Response: No, would not impair; can't make a determination of property value Ms. Kurtzman said that after the Board makes a recommendation, the matter will proceed to Economic Development Committee on October 16 and to City Council on October 23 . Mr. Bromann commented that the shed is a nice structure, however, it is not in the Board's jurisdiction to override the codes. He said that while variances have been granted for older structures, this shed was begun in 2006. Mr. Bromann added that he hoped the matter could be worked out and encouraged all neighbors to upgrade their properties as well. The Board concurred with this opinion. Mr. Funkhouser then made a motion to approve the variance ZBA 2007-34. Ben Moe seconded the motion. The motion failed on a roll call vote: Moe-no; Bromann-no; Woods-no; Funkhouser-no; Baker-no. This matter will now proceed with a recommendation of denial. There was no further business and the meeting was adjourned on a motion by Moe and second by Woods. Unanimously approved on a voice vote at 8pm. Minutes respectfully submitted By Marlys Young, Minute Taker J United City of Yorkville EST 1 1836 County Seat of Kendall County - 1 600 Game Farm Road N Yorkville, Illinois 60560 O O Phone: 630-553-4350 - �,� �� v Fax: 630-553-7575. PC # APPLICATION VARIANCE REQUEST Date of Submission: 1 . Name of Petitioner(s): IK -t Address: 3 ,j lv Phone Number: /,,! 30. fefol - 9'0 -70 Fax Number: 2. Name of holder of legal title, if different from #1 : 3 . If legal title is held in a land trust, list the names of all holders of any beneficial interest therein: 4. a. Street address and physical location of subject property: 3.3Y ram L CAF U -1 L z - Cr/�D l 6 b. Proposed name of subdivision (if any): c. Legal description of property for which zoning variance is sought: (If more space is needed att ch as "Exhibit A".) F2C7 , f' (te, d. Kendall County Parcel Number(s) of property for which variance is sought: 5. Names and addresses of any adjoining or contiguous landowners and property owners withinQ � Qa` 250' of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as "Exhibit B"-) 6. State the variance requested and the City ordinance including the section numbers to be vaned: u.) G Xtf QtGhiSFWC AVA,'Lf/ttJCE ./kCLMI raEuCrc. (+,Z- g t�C" rbt Or Lo"rs -D le-f£C lr& RAui oL- ula -ro -rte CCX)M-fit vucL LOT'S 6T (q(o `[Wf �j le-, CTO A) l — b Page l of 3 a �t�►5b -- United ' = Reques2Applimfion Revised: 227/04 �w . �' 5� of CO 04/ 07/ 2008 23 : 18 16307063193 DEN PAGE 02 7. Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: 14446 � Attorney: Name: Address: Pbone Number, Fax Number: 8. Submit application with a filing fee in the amount of $85.00. Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written. transcription of public hearing and outside consultant costs (Le. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and any other pertinent materials to the Clerk's Office. Large items must be folded to fit in a 10" x 13" envelope. In witness whereof the following petitioner(s) have subsniited this application under oath and verify that to the best of their knowledge its contents are true and correct: Petition s) a a', petty owners signature must appear on this application.) >k l E L tj &jytD Subscribed and sworn before me this I fo' day of 2001.,_. t Notary Public p ^` JANET 8GARN®�II g Notary Public 9 F �ti ! = State of Utah My Commission Expires Feb. 21. 2011 Notary Stamp p - 11 a sorb Merin Logan, a4azl i THIS APPLICATION MUST BE NOTA.RIZFnj Page 2 of 3 United City of Yorkville vlvinrn Reques Apptimdon Revised: 227/04 7. Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: Attorney: Name: Address: Phone Number: Fax Number: 8. Submit application with a filing fee in the amount of $85.00. Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and any other pertinent materials to the Clerk's Office. Large items must be folded to fit in a 10" x 13" envelope. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: Petitions) (Legal property owners signature must appear on this application.) Subscribed and sworn before me this _ day of Aprij , 200 7., SEAL" Notary P.. ,a.P, M. KRUSE a1c, State of Illinois § M (. ttmn-Aision Expires 11/18/2005 . Notary Stamp THIS APPLICATION.MUST BE NOTARIZED. Page 2 of 3 United City of Yorkville Variance Request Application Revised: 227/04 �xI13 11na Section #6 continued We are proposing a variance request as a measure of resolution which would help to deter the noise disturbances resulting from the canine clientele at the Country Comfort Kennels located at 3215 Cannonball Trail, Yorkville, IL 60560, which is directly behind or adjacent to lot numbers 65, 66, and 67. (SEE ATTACHED MAP) We the residents who live on or near Twinleaf Trail are seeking a variance approval from the Yorkville Zoning Board of Appeals and ultimately the City Council to increase the height of a fence from the 6 foot maximum allowable (Section 10-3-213i1b) to an 8' foot fence only along the back property lines of Lot #'s 65, 66, 67. We have received approval from PSI , and are officially submitting the attached Application Variance Request. Although the fence would not technically be located on their property, we have received support from property owners of the Country Comfort Kennels (Mr. Gary Schlapp) and New Life Church (Pastor Rick Thiemke), who also agree that the variance would provide added privacy. They have been listed under "Additional Stakeholders Support" on the attachment. VARIANCE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees and all pertinent materials to the Deputy Clerk. Upon receipt the variance request will be forwarded to the Zoning Official for review and to coordinate setting a meeting date for the public hearing in front of the Zoning Board of Appeals. Note: You must present your request at each of the meetings below as indicated Step 2: Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis in the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals consists of 7 members appointed by the Mayor. A Public Hearing will be held at this time for the variance request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 250 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 3: 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 request 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 4: 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. 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 neat scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of }Yorkville, 800 Game Farm Road, Yorkville, I ' 6056 Date: " Page 3 of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 : 04/ 09/ 2008 10 : 35 16306335277 PROPERTY SPECIALISTS PAGE 05/09 11/01 /2007 21 : 58 6305536211 THE UPS STORE PAGE 03/ 84 /— � �` If/l � 4•. i'� : �'. xCR?r:. '1 �'• e,:l•� x . "µ'u.:.� r: , iR` •� II; All h , H ;v � ! 1 1 P wy to All CD 00 At 69 co i�,u � / / ../ "•� lam' / Q'� +mi 1 1. v� . Ip f 7\ All, �t mom, - 1 kill a,�\ 68 I � .�kill Po'� 5 30' N 85 34 3lr E 1 � aA • ' j p 1 Y' ,:�. ,1 •� � R � I I ao s� 1 Also .� $ / like "Affix, 'IRA Q: �9 *+^� ka I,S 6 1 I Fx q 1 q 45.00' \ ! q E I k I _ 143.1 s'� Z { F 3'R� k• i u.. . N 81 Q2 4'F" E: 1 N IP A_11.23' It 2015 18 W .0 * 00 1 '! • 3l� r ', ► W �� W 3n0 . C�0' ) 1 I `p 201 P.�3 , ., t�.e t 82'54 56 1 I .� 1 k.r9 ga 4alt privacy one Ar l 1 b L � � ` © C 9 e.11Y1R,� �a I 1 Supporting Residential Stakeholders . *Tim & Tawnie Elwood-354 Twinleaf Trail (309) 287-0745 *Mark & Renee Buck-356 Twinleaf Trail (630) 882-9070 *Chris Scott-352 Twinleaf Trail (630) 882-6156 * Direct Proporty Owners Additional Stakeholders Support New Life Church-Rick Thiemke (Pastor) 630-553-0200 Country Comfort Kennels-Gary Schlapp (Owner) 630-553-7436 Buck, Mark From: Pauline Johnson [pjohnson @psimanagement.net] Sent: Wednesday, April 02, 2008 12:23 PM To: Buck, Mark Subject: Whispering Meadows - Board approval for multi-fence variance Hello again Mark, Per our conversation , I am forwarding the Board ' s direct quote approving the proposed multiple-lot fence . You will receive formal approval in writing shortly . Pauline , I have no problem with you moving forward with the variance as long as the only non compliance is with the height of the fence and that the height does not exceed eight feet . Pauline Johnson - Property Specialists , Inc . 630/ 633 - 5619 direct line 630 / 633-5284 fax pjohnson@psimanagement . net 1 `A�D C/Ty United City of Yorkville County Seat of Kendall County 800 Game Farm Road EST 1 18 Yorkville, Illinois, 60560 i y Telephone: 630-553-4350 9 u =O Fax: 630-553-7264 <ILE c��� Website: www.vorkville.il.us May 27,2008 TO: Yorkville Zoning Board of Appeals FROM: Anna B. Kurtzman,AICP SUBJECT: ZBA 2008-01 352,354 and 356 Twinleaf Trail HEARING DATE: The City has received an application for a variance from the City's Zoning Code. A public hearing has been scheduled before the Zoning Board of Appeals to be held on Wednesday,June 4, 2008, at 7:00 pm at City Hall. REQUEST: The applicants (Mark and Renee Buck owning 356 Twinleaf Trail, Tim and Tawnie Elwood owning 354 Twinleaf Trail, and Chris Scott owning 352 Twinleaf Trail) are requesting relief from Section 10-3-2D1b of the zoning code,increasing the size of a fence from 6 feet to 8 feet. They are requesting this fence to be placed along the rear of their yards. CONDITIONS: The surrounding properties are zoned and used as indicated below: Zonis Use North R2 Single-family detached housing South Unincorporated, Kennel R-1 Church East Unincorporated Single-family detached housing West R2 Single-family detached housing STANDARDS FOR GRANTING A VARIANCE: Section 10-14-5(C) of the Municipal Code indicates that the Zoning Board of Appeals shall not vary (or make a recommendation to vary)the regulations of the Zoning Code unless it has made findings based upon the evidence presented to them for each specific case based upon the following: 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. Zoning Board of Appeals ZBA 2008-01 May 27, 2008 Page 2 of 2 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. 3 . The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 5 . The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. NEXT STEPS: Upon closing the hearing, staff requests that the Zoning Board of Appeals (ZBA) make findings based upon each of the standards listed above. Section 10- 14-5(D) outlines occasions when the Zoning Board of Appeals may make a final decision. A variance to the height of a fence is not listed as a type of variance where the ZBA can make a final determination. Therefore, the ZBA will be making a recommendation that will be forwarded to the City Council for their consideration. As you know, you make recommend to approve, deny or approve the request with conditions. /abk Filename: \\Coyserver\User Folders\AKurtzman\My Docurnents\ZBA\twinleaf fence\staff report 5-27-08.doc To: United City of Yorkville Zoning Board of Appeals Cc: Mark Buck From : Rick Thiemke NEW LIFE Lead Pastor of New Life Church 11CHURCH , Subject: Variance Request Date: May 23 , 2008 Dear Jacquelyn Milschewski , This letter is to acknowledge receipt of the certified mail document sent May 20 , 2008 containing a notice of public hearing from the United City of Yorkville and a letter from Mark Buck notifying all required residents of the hearing . New Life Church is in support of the variance request for building of an 8ft fence along the back of our property. The only concern is that great care and maintenance were to be given to the fence. If you have any questions, please do not hesitate to contact me. Sincerely, 2 RICK THIEMKE LEAD PASTOR 3205 CANNONBALL TRAIL YORKVILLE ILLINOIS 60560 NLCYORKVILLE.ORG PHONE 630.553.0200 FAx 630.553.7338 ° Cl?` Memorandum °o To: ZBA EST. , ., 1836 From: Travis Miller CC: Anna Kurtzman Annette Williams (for distribution) 0 9 Date: May 28, 2008 Subject: PC2008-014 O'Keefe Annexation Agreement Amendment The Raging Waves developer (Scott Melby, Lundmark Group) contacted staff in March 2008 with a proposal for a permanent sign (prepared by Mindwave Marketing and Advertising) larger in size than the sign code currently allows. The current City Sign Code (Municipal Building Code Title 8 Chapter 11 ) allows for one sign per street frontage with a maximum sign area of 100 square feet and a maximum sign height of 20 feet (for pole signs). The proposed sign does exceed the maximum area by 50 square feet and the maximum height by 5 feet. The O' Keefe Annexation Agreement Section 4 (as approved by Ordinance 2006-101 ) requires the Sign Code be adhered to with an additional provision that allows for each of the four lots within the O'Keefe subdivision to have "one illuminated permanent sign up to one hundred (100) square feet in area on each lot advertising the water park facility". Raging Waves is proposing to eliminate one of the signs (two are allowable) on Lot 3 and all of the signs (3 total) allowable on the other lots, in exchange for one sign (at main entrance) to be 25 feet tall and 150 square feet in area. Although the size increase could be requested as a variance, the elimination of the other signs would be more difficult to incorporate into a variance request. Therefore, staff recommended the request be in the form of an amendment to the Annexation Agreement for City Council consideration with ZBA review and recommendation. A revision to Section 4 of the O'Keefe Annexation Agreement based on the request is attached to this report for your consideration along with the sign detail proposed by Raging Waves. Excepted from: ANNEXATION AGREEMENT (O'Keefe Subdivision) Record Number 200600036302 4. MODIFICATIONS OF LOCAL CODES The specific modifications and deviations from the CITY'S ordinances, rules, and codes contained herein have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY. ("Permitted Modifications"). (A) If OWNER and DEVELOPER choose to provide temporary on-site storm water management then OWNER and DEVELOPER shall be granted approval by the CITY to utilize a maximum of six (6) feet of bounce in any storm water management areas located upon the SUBJECT PROPERTY. (B in additiRn tR the allowed under the CITY Zon:« ina nee nix R._PR and DEVBt�OPER shall be allowed one ilhi..in te.J p eat .. ., ro_one -a d nm i square( F ,.afea h lot a.,ef6sing the water park facility, and othe � sommorpial areas I t d-RA 4;4;A C1113JE `T PROPER-T)4 (B) In addition to the signs allowed under the City Municipal Code and unless otherwise set forth herein, the OWNER and DEVELOPER shall, in lieu of two (2) signs on Lot 3, be allowed only one (1) illuminated permanent sign up to one hundred fifty (150) square feet in area and up to twenty five (25) feet in height, on Lot 3 for the water park facility. (C) The CITY shall allow the DEVELOPER to construct the water slides to a maximum height of one-hundred (100) feet on lot#3 which lot is depicted in Exhibit"C". (D) Upon the opening of the water park facility DEVELOPER shall be allowed to provide over-flow parking for the water park facility on lot 2 and a portion of lot 3 if the need arises, and CITY also agrees to allow DEVELOPER to utilize lots 2 & 3 as grass parking lots until the water park facility has been operational for two (2) operating seasons, at which the time CITY will evaluate the need for additional paved areas to provide additional parking. The CITY shall base it's determination of the need for additional paved areas upon Lots 2 & 3 through an analysis of the daily attendance at the water park facility and utilization of the grass parking lots during the preceding two year period. Grass parking lots shall be designed, subject to CITY approval, to adequately drain and include a minimum 2% grade, no more that 6 inches of topsoil, and include established turf prior to any parking activity. Parking activities on said grass lots Excepted from ANNEXATION AGREEMENT (O'Keefe Subdivision) Record Number 200600036302 areas shall be managed by the DEVELOPER to ensure general public safety and include proper aisle spacing between vehicles to enable emergency access. (E) Upon satisfaction of all other CITY ordinances the CITY shall grant occupancy and operation permits of the water park facility once temporary intersection improvements are operational, and upon Illinois Department of Transportation approval. (F) If the Raymond Regional Storm-Water Facility (hereinafter referred to as "Raymond Facility") is not operational at the time of completion of the water park facility the CITY shall allow DEVELOPER to utilize interim storm water management areas upon lots 2 & 3 at a location and in a manner as approved by the CITY engineer. If the DEVELOPER utilizes interim storm water management upon lots 2 & 3 then DEVELOPER shall not be required to buy into the Raymond Facility until they utilize said facility. In the event that Lots 2 & 3 are utilized for interim storm water management purposes, then the Developer shall not be permitted to utilize said interim detention areas for overflow parking until said lots are no longer used for storm water management. (G) The Park Department has requested that the OWNER construct a ten (10) foot wide asphalt path on the south side of Galena Road. Therefore, the CITY agrees to allow OWNER to construct said ten (10) foot wide path on the south side of Galena Road in lieu of a sidewalk at the time that particular phase or unit of the SUBJECT PROPERTY is developed. (H) To provide for a unique and aesthetically pleasing development CITY agrees to collaborate with DEVELOPER to explore alternatives to providing landscaped islands within the parking lots of Lots 2 & 3. It is understood between the Parties that the DEVLOPER shall be obligated to provide the same quantity of landscape plantings under current CITY ordinance, however the CITY shall consider alternative locations for said parking lot island landscaping which will benefit both the SUBJECT PROPERTY as well as surrounding properties. t. ;: �� � �! ;, c � 1 { � , `; ;i '.. ♦+.: ' i M � )f � . t�y I v '�'� ,; � ~ , � ,�� ( W } ri � l� ,� � ,, . � '� �.� �' _� ,Y •:� �. �4� , 0 � � � �S 1' w / _. � • • �..�. _�.. rya �a� �. ..� � i � _ _ ,�17 Y — �t __J {�. � .._J ....._ _ —______.___ ._ ____ __� .-J :- .. ,, I f* k -,t � i �� , ,� -�� �� �'� �� it � S , RAGING WAVES WAIER PARK MAIN ENIRY SIGN 12 FT. 12 Fr. e 25 FT. 12 FT LIGHT BOX 13 FT. 13 Fr. updated;V1 112006 15 N.BROADWAY SUITE 201 AURORA It ORS05 z TEL 630,SQ7.9960 0 United City of Yorkville On 800 Cratne Fann Road Yorkville, Illinois 60560 Telephone: 630-553-4350 T " o Fax: .P 630-553 4575 PC # APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: Raging Waves Date of Submission: 0`KeeTe Subdivision 7 . Name of Pefitioner(s): Raging Waves , LLC Series "A" , a Delaware Series Limited Liability Co . Address: 4000 Bridge Street, Yorkville , IL Phone Number: 630-513-8700 Fax Number: 630-513-8799 Email Address: kate@hmcpc . com Relationship of Petttlonens) to subject property: :j Owner 0 Developer a Contract Purchaser (Lots 1 & 2 of O'.Keefe Subdivision) 2. Name of holder of legal title, If different from #1 : If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: n/'a 4000 3. a). street address and physical location of subject property: Bridge Street , Yorkville, Illinois b). Legal description of property; attach as Exhibit W. c). Total Acreage: 38 : 53 (of total 140 . 95 acres annexed) d). Kendall County Parcel Numbers) of property: 02-09-100-003 e). Current Zoning Classification: B-3 f). Zoning Classification Requested if changing zoning: no zoning change requested - text amendment only regarding signage 4. Names and addresses of any adjoining or contiguous,landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit "B°.) to follow under separate ,cover Page 1 of United City ofYorhdllo AmendArm=tion/PUD Application. Revised: 11,28106 5. Date of Annexation or PUD Agreement sought to be amended; September 26 , 2006 Name of Agreement Annexation Aereement - O ' Keefe Subdivision Date of Recording: 11-07-2006 as Document: #200600036302 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. Paragraph 48 - 7. Contact Information: Name, address, phone number, fax number, and email address of person to whom Inquiries regarding this petition may be directed: Attorney. Name: Kate L . McCracken Address: 1001 East Main St Suite G St . Chatles . IL 60174 Phone Number: 630-513-8700 Fax Number. 630-57 3-8799 Email Address: kate hmcnc corn Engineer. Name: Craig R. Knoche & Associates Address: 24 N. Sennett , Geneva , IL 60134 Phone Numbet: 630-845-1270 Fax Number. 630-845-1275 Email Address: Land Planner: Name: n/a Address: Phone Number. Fax Number. Email Address: 8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application "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 17 x 13" envelope d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plain._ ,. . 1. , _,_ _. ___ ....... . . ...... . _- ......... ... . .. . . _ .. _. _ _ _ Page 2 of 4 United City ofYoclville A=ndA==af1aaT1M Application Revised: 17X/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 contiguous to the United City of Yorkville. Date: 5-4-08 petitioner(s) Signature: (All legal property owners of record signatures must appear on this application.) *Raging Waves , LLC Series A (see below) *Betty O' Keefe Family Limited Partnership , an Illinois Limited Partnership ( see below) �yutascrihed and swnca te�efer� me this day of 200 _. cOFFICIAt SEAL" Dawn L Jones Notary Public, State Of Illinois M C i ri Plres 41/18109 i . bw MS APPUCAT/ON MUST BE NOTARIZE . Raging Waves , LLC Series A _ A Delaware Limited Liability Company. By The Lundmark Croup LLC an Illino ' imi e ' ability Company By: Its eager Betty 07. eefa Family Limited Partnership An Illinois Limited Partnership By : Betty O ' Keefe r2operties , LLC General Partner T m O'Keefe, Assiemt i✓enager Page 3 of United City orYodM11e AmendAnn=fi={PM Application Revised: I10106 AMENDMENTTO ANNEXATION OR PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees' and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner Is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. "Fees: 1 , a. Annexation/PUD Amendment - $500 b. Deposit for Outside Consultants , under 2 acres = $1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developerwill 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 meats 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. Yorkville, 800 Game Farm Road Yorkville, lilinois fi0560: ° the Depti Clerk, United City of Please sign and return this original (retaining a copy for your records) t nature & Petitioner Page 4 of United City ofYmMlle AmendAnnewiow?UD Applimfim Rmised: 11128/06 4. (B) In addition to the signs allowed under the City Municipal Code and unless otherwise set forth herein, the OWNER and DEVELOPER shall, in lieu of two (2) signs on Lot 3, be allowed only one (1) illuminated permanent sign up to one hundred fifty (150) square feet in area and up to twenty five (25) feet in height, on Lot 3 for the water park facility. Legal description: EXHIBIT "A" Description of O'Keefe parcel That part of the west half of Section % Township 37 north, Range 7 east of the Third Principal Meridian described as follows: commencing at the southeast corner of the northwest quarter of said Section; thence west along the south line of said northwest quarter, 14,28 chains for a point of beginning; thence h114°5UF, 3 0.14 chains to the center line of Galena Road; thence northwesterly along the center line of said Galena. Road to the west line of said Section; thence south along said west line to the southwest corner of the northwest quarter of the southwest quarter of said Section;. thence east along the south line of said northwest quarter of the southwest quarter, 19,75 chains to a point 1. rod west of the southeast corner of said quarter quarter; thence northeasterly to the point of beginning (except that part lying westerly of the center line of Illinois Route 47) in the Township of Bristol, Kendall County, Illinois.