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Economic Development Packet 2007 10-16-07 c®T® United City of Yorkville a " 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 LI is Fax: 630-553-7575 Ken > ®�O <CE tyIV AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, October 16, 2007 7:00 p.m. City Hall Council Chambers Presentation: None Minutes for Correction/Approval: August 21 , 2007 and September 18, 2007 New Business: 1 . EDC 2007-40 Monthly Building Permit Report for September 2007 2. EDC 2007-41 Monthly Plan Commission Report for October 2007 3 . ZBA 2007-34 212 Spring Street Variance Request 4. PC 2007-32 Thomas Alarm System — Rezoning 5 . PC 2007-25 Fields at Westhaven — Preliminary PUD 6. PC 2007-33 Welles Property — Zoning Recommendation 7. PC 2007-22 B & P Properties — Rezoning/Concept PUD 8 . PC 2007- 19 Briguglio — Annexation 9. EDC 2007-42 Hudson Lakes Subdivision — Final Plat Extension Request 10. EDC 2007-43 Grande Reserve Unit 17, 18 & 19 — Final Plat Extension Request 11 . EDC 2007-44 Sycamore Traffic Signal — Update/Discussion 12. EDC 2007-45 Proposed Economic Development Committee 2008 Meeting Schedule Old Business: 1 . EDC 2007-38 Sign Ordinance Update — Discussion Additional Business : UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, October 16, 2007 7:00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: 1 . August 21 , 2007 2. September 18, 2007 ❑ Approved ❑ Approved ❑ As presented ❑ As presented ❑ With corrections ❑ With corrections -- --------------------- ------------------------ ----- - - -NEW BUSINESS: --------------- ------ ------------------ - --------- --- --------------- - - 1 . EDC 2007 40 Monthly Building Permit Report for September 2007 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other 2. EDC 2007-41 Monthly Plan Commission Report for October 2007 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ----------- ----------------------- -------------------- ---------- ----------------------------------------------------------------- 3 . ZBA 2007-34 212 Spring Street Variance Request ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 4. PC 2007-32 Thomas Alarm System — Rezoning ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ----------------- ----------- ---------------------- ------------------------------------ ------------------------ - - 5. PC 2007-25 Fields at Westhaven — Preliminary PUD ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ---------------------- -------------------------- ------- -------- ------------------------------------------------------------ 6. PC 2007-33 Welles Property — Zoning Recommendation ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ----------------------------------------------------------------------------------------------------------------------------------- ---- 7. PC 2007-22 B & P Properties — Rezoning/Concept PUD ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other -------------------------------------------------------.............------------------------------------------------------------------- 8. PC 2007- 19 Brigugho — Annexation ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 9. EDC 2007-42 Hudson Lakes Subdivision — Final Plat Extension Request ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ---------------------------------------------------------------------------------------------------------------------------............ 10. EDC 2007-43 Grande Reserve Unit 17, 18, & 19 — Final Plat Extension Request ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 11 . EDC 2007 44 Sycamore Traffic Signal — Update/Discussion ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 12. EDC 2007-45 Proposed Economic Development Committee 2008 Meeting Schedule ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: ------------------------------------------------------------------------------------------------------------------------------- -------- 1 . EDC 2007-38 Sign Ordinance Update — Discussion ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS : --------------------- ------------------------------------------------------------- ------------------------- ------------------------- Page 1 of 4 DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, August 21, 2007, 7pm Conference Room In Attendance: Committee Members Alderman Jason Leslie, Chairman Alderman Joe Besco Alderman Gary Golinski Alderman Marty Munns Guests: Mayor Valerie Burd (arr. 7:30pm) Alderman Joe Plocher Alderwoman Rose Spears Community Development Director Travis Miller Interim City Manager Bart Olson Economic Development Director Lynn Dubajic Attorney Gregg Ingemunson Tony Scott, Kendall County Record Donna & Gary Cervelli, Tuscany Real Estate Investments Diane Pohl Ken Spaeth, Old 2nd Bank The meeting was called to order at 7:01pm by Chairman Jason Leslie. MINUTES FOR CORRECTION/APPROVAL: July 31 , 2007 The minutes were approved as read. NEW BUSINESS: 1. EDC 2007-32 Monthly Building Permit Report for July 2007 Travis Miller reported that residential permits are down, however, he noted 38 permits were issued in July, 2006 compared to 34 in July, 2007. Due to rapid commercial growth, the City is only down 10% for all permits compared to last year. Alderman Leslie asked how this has affected the budget so far this year. The capital fees tied to building permits are only slightly behind and there has been no effect on major capital purchases at this time according to Bart Olson. He also noted additional squad cars will be purchased when there is more cash available. He said there is great cooperation between departments regarding large dollar purchases. No further action was required and this information will move to C.O.W. Page 2 of 4 2. EDC 2007-33 Monthly Plan Commission Report for August 2007 The Jake Land Group was the only item in this report and Mr. Miller provided a summary of the Plan Commission meeting. Since the EDC had requested to be informed when the Plan Commission is not in favor of proposed developments, he brought the information forward to this committee. In this case, the commission approved annexation, but not the PUD or zoning. Mr. Miller said the case will move to Public Hearing on August 28th without revisions and he said this is typical. The next step is the annexation agreement and then the matter moves back to EDC with revisions. It was noted that when an application comes in, there is a draft annexation agreement attached. When that is presented at a Public Hearing, the staff has not yet reviewed it. Alderwoman Spears noted that previously during Public Hearings, the Council was allowed to address the petitioner and state concerns. However, at the last Public Hearing held, she noted that the Council was advised that was not the time for comment--that it was only a presentation. Bart Olson said the Council and Mayor would need to decide, what procedure would be followed and he suggested the Mayor and Aldermen should discuss this matter. Ms. Spears asked to have this matter placed on a future C.O.W. agenda. 3. EDC 2007-34 Bank Moratorium Discussion Alderman Spears had asked for this item to be on the agenda and opening discussion was turned over to her. She felt that too many banks were being built, many of them on major comers on prime property. She said other communities have placed restrictions on the location of banks and suggested they could be situated behind other buildings on the major corners. Mr. Besco said that building is slowing down and while he is not in favor of a bank on every corner, he wondered if the banks could really be restricted, especially in view of the present economy. Presently, three new banks are under construction in Yorkville according to Lynn Dubajic. She said the IRS has reported $121 million of income is moved annually from DuPage to Kendall County. Alderman Leslie questioned how banks are taxed. They are taxed on the real estate, however, not on gross receipts--no sales tax comes back in to the community from banks. However, as Ms. Dubajic pointed out, banks could argue that they reach out to the communities in many ways including donations to various groups. Page 3 of 4 Old 2nd Bank representative Ken Spaeth commented that a typical branch bank costs $2-4 million to build. Banks are attracted to rooftops and are naturally attracted to Yorkville. He also concurred that banks are great supporters of philanthropic causes. Alderwoman Spears asked City staff to ask banks for a list of their donations. Mr. Spaeth said that only publicly traded banks would be required to have that information available. Mr. Miller agreed that the lack of sales taxes from banks is a legitimate question. He said if a bank has edged out another business, it should be reviewed. Alderman Munns asked Miller to provide some research of any such situations. Ms. Dubajic told of only one situation where a bank was looking at a corner property, the deal did not work and she notified a restaurant of the corner opportunity. It was suggested that prime locations should be identified and then perhaps designated as special use. Some committee members agreed the moratorium idea does have merit. Another suggestion was to assess land cash from banks or extra municipal/impact building fees Chairman Leslie said the item should be brought back to EDC in a month and further feedback could be solicited for special use districts as well as tax assessment research. At the conclusion of the discussion, Ms. Spears said after reading all the documentation, she would not recommend moratoriums, but rather special use or location. OLD BUSINESS: L PC 2007-24 Kalant Development - Rezoning This development is at the corner of Rt. 47 and Center St. and the petitioner has requested rezoning from R-2 to B-2. One of the concerns was that parking would possibly spill over into the park area especially on the weekend when events might be held. Alderman Leslie also noted that the business would be within 2 feet of the future right-of-way Comments from Mr. Miller included: This is a non-conforming structure and if a fire occurred, the property would have to go through the variance process. Language regarding right-inhight-out, signage, water connection/well abandonment will be added to the development agreement. Revisions will be submitted so that the matter can be considered at the August 28th Council meeting. A consensus of the group was reached. 2. PC 2007-15 Grande Reserve Unit 28 — Preliminary Plan Travis Miller noted that this item is continued until next month. He explained that once the preliminary plan is approved, the petitioner has 12 months to bring forth a plan. At this time, Pasquinelli Builders is not withdrawing their plan, however, they are not moving forward with it either. He said this request is similar to the Wal-Mart time extension. Page 4 of 4 Mr. Miller was asked to communicate to the builder that they should either withdraw or move forward and should be given one month to make a decision. 3. EDC2007-30 Tuscan Plaza — Redevelopment AgreementAmendment-Developer Note Provision Gary and Donna Cervelli were present on behalf of this development. The Cervelli's had a meeting with their banker following the last EDC meeting At that time, the bank requested an amendment to the agreement to indicate the City commitment to the agreement. In May, the City Council agreed to rebate money for TIF-eligible items to the Cervelli's. Those rebates are based on the generation of revenues. Alderman Leslie said he had concerns about the City taking a third party role for the funding for the development, but more importantly the fact that there is a hole in the ground. He does not want the City to be responsible for financial liability. He noted that Kathleen Orr, TIF Attorney, will speak at the August 28`h City Council meeting to explain the procedure to the Council. Ms. Orr also had said that this type of note to the bank is used about 50% of the time. The redevelopment agreement contains timelines for obtaining permits, having financing secured and a completion date. The City may modify those dates and the August 31" permit date will be postponed to the end of the year, however, the financing must be secured by the end of September. Alderman Leslie recommended moving forward with this matter after the Council hears the explanation from Attorney Orr. Mr. Golinski noted that he would not be at the August 28`h meeting, but said that he approved this action as long as there was no liability to the City. ADDITIONAL BUSINESS: None Having no further business, the meeting was adjourned at 7:55pm. Minutes respectfully submitted by Marlys Young, Minute Taker Page 1 of 5 RAF UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, September 18, 2007, 7pm Council Chambers In Attendance: Committee Members Alderman Jason Leslie, Chairman Alderman Joe Besco Alderman Gary Golinski Alderman Marty Munns Mayor Valerie Burd Other City Officials: Alderman Joe Plocher Alderwoman Rose Spears City Administrator Brendan McLaughlin Assistant City Administrator Bart Olson Community Development Director Travis Miller City Planner Charlie Wunder Economic Development Director Lynn Dubajic Zoning Board of Appeals Member Mike Skinner Other Guests: Tony Scott, Kendall County Record Mell Vargas Amy Collins Pam Hunter Audrey Rolfe Shannon Hunter Kim Korst Tim Paper Trista Hudson Wally Walas Jim Blonda Kathy Leahy Melanie Blonda Peter Huinker Jason ???, Land Development Manager Chuck Byrum, Pulte Attorney For Autumn Creek The meeting was called to order at 7:01pm by Chairman Jason Leslie. MINUTES FOR CORRECTION/APPROVAL: August 21 , 2007 The minutes were not addressed at this meeting. Page 2 of 5 NEW BUSINESS: (Chairman Leslie moved item #3 forward on the agenda). 3. PC 2007-29 Autumn Creek Unit 2 Final Plat of Subdivision Many Autumn Creek residents were present regarding the SSA issue. Mr. Leslie explained to the residents that public comments were allowed at City Council meetings and noted that no residential platting was planned on Unit 2 as of this time. He invited the guests to stay for the discussion of the final plat of subdivision. Chairman Leslie inquired about the timetable for the school land dedication. Chuck Byrum, Pulte Attorney, said the school district wishes to start on the school late this year. The plat is needed in order to begin work on the streets and infrastructure. When the annexation goes forward, the dedication will soon follow. Mr. Byrum said the surveys are complete and they would prepare for conveyance soon. Staff comments were made by Travis Miller and he said the Unit 2 final plat is consistent with the plans. Alderwoman Spears asked if the roads will be built if the dedication is approved. The Land Development Manager for Pulte replied that funds are available for the roads and the roads would be finished before winter. The committee recommended approval of final plat for Unit 2. (return to order of agenda) 1. EDC 2007-35 Monthly Building Permit Report for August 2007 Mr. Olson said the numbers are actually in line with the stats on a per-month-basis and added that there have been 450-500 housing starts for the calendar year so far. No further action. 2. EDC 2007-36 Monthly Plan Commission Report for September 2007 This item concerns the Unit 2 Autumn Creek plat reviewed above. No further action was needed. 4. EDC 2007-37 Policy Regarding Signage Recognizing State Champions — Discussion It was noted that two YMCA gymnasts achieved state champion status and it was suggested that roadway signs be erected. IDOT will pay for these signs. Chairman Leslie suggested those signs should be placed at the gateways to the City and also near the YMCA. Alderman Besco further suggested that all four entrances to the City should be signed. Bart Olson will present this to IDOT. It was noted that the IDOT recommendation is to leave these signs up for one year. At the end of the year, Alderman Besco said perhaps the signs could be given to the gymnasts. It was also recommended that the award recipients be brought to a future Council meeting to be recognized. Page 3 of 5 In another sign matter, Alderwoman Spears asked about the stop sign previously recommended for Countryside Center. Eric Dhuse will be contacted regarding the cost of the sign or where the funds could be obtained from the budget. City Administrator McLaughlin said the funds could come from the 50`x' Anniversary celebration and the budget will be checked for possible funds. 5. ZBA 2007-19 Sega Variance Request — Building Height Travis Miller reported this variance request would move forward to the September 25th City Council, but it was on the EDC agenda for discussion. Alderman Leslie commented that the proposed garage fits in with the character of the neighborhood. The variance request was made because the height exceeds the allowed amount in the ordinance. It was noted that a Public Hearing was held where neighbors could voice any concerns, however, no negative comments were received. Mr. Leslie encouraged the EDC committee members to view a similar garage in the neighborhood and note concerns they may have about the proposed structure. Mr. Miller said the Zoning Board of Appeals had given a positive recommendation to this request. 6. EDC 2007-38 Sign Ordinance Update - Discussion Chairman Leslie then recognized Zoning Board Member Mike Skinner who was present at the meeting. Mr. Skinner has been on the Board for 16 years. He was asked to share information about the matters that come before ZBA. He gave a brief history of the meetings and some of the changes that have occurred. A little over a year ago, the ZBA began a review of the sign ordinance at the request of the City. Mr. Skinner commented that he does not approve of tall signs and in his many travels in the country, he has seen much smaller/shorter signs particularly in the West. He said that Travis had contacted many other cities regarding their sign ordinances. Mr. Skinner said he was disappointed to see such a large sign for the Kendall Marketplace and noted that the ZBA declined requests for large signs for Menards and WalMart. He asked that the City provide direction to the ZBA that will be supported by the City Council. The sign ordinance that ZBA is considering, is only in draft stage at this time, however, once it is finalized, he hopes that it will be followed. He summarized a ZBA discussion that would award rebates to some business owners for their signs, while some business owners would need to replace their signs with ones adhering to the proposed ordinance. Mr. Skinner said that many developments that come in with PUD's could be in violation of the proposed sign ordinance. He asked if the EDC wants the ZBA to proceed and if so, ZBA would need City Council input and support. The ZBA opinion is that low monument signs are desired as opposed to tall signs. Page 4 of 5 Chairman Leslie suggested that the sign review move forward. He added that the proposed sign ordinance is very thorough and said it made no sense to not follow the ordinance. He encouraged all committee members to read the document. Work on the proposed update was stopped during election time and also due to the landfill hearings. Because of this, no official report was provided to the City Council. Miller questioned if there should be dialogue with business owners and it was suggested to forward the draft to the Chamber of Commerce and to Lynn Dubajic with a public forum to follow. Alderman Besco thanked Skinner for this undertaking and then asked how the signage would be handled for the new water park. He noted that Great America has very large signs. There was a brief discussion about this topic and Skinner said large signs cause distractions. He noted that the future Wa1Mart had requested a very large sign and the Zoning Committee recommended against that. Marty Munns commented that he agreed that large signs are not needed especially since many people will find driving directions on the computer. It was noted that Charlie Wunder did the initial research in compiling the rough draft of the sign ordinance. Mr. Wunder said the most significant changes to the draft have been in the free-standing signs. There was no further action at this time. 7. EDC 2007-39 Rob Roy Falls — Business District Chairman Leslie gave an overview of the half percent sales tax to be assessed in this special business district and the special uses for this money. The sales tax generated will go towards specific improvements, such as Rt. 34 and Cannonball Trail. The major roadways through this development are Rt. 34, Beecher Road and Faxon Road. Travis Miller stated that the annexation agreement by the Rob Roy Falls developers incorporated the creation of this business district and a separate Public Hearing was held. When the funding for specific improvements has been met, the sales tax requirement will dissolve in about 20 years. Chairman Leslie commented that he liked the concept of a development that builds itself through its own funding. He suggested that items such as road improvements should automatically be built into annexation agreements. In conclusion, Chairman Leslie recommended that the business districts move forward now and that there should be a 5-year feedback timetable. Alderman Golinski said he concurred with this recommendation. Page 5 of 5 Ms. Dubajic said that businesses over 60,000 square foot are looking at the Rob Roy Falls development. They would desire to be under construction in 2008 for a 2009 opening. This development will be larger than Kendall Marketplace, she said. OLD BUSINESS: I. EDC 2007-34 Banking/Land Use Discussion While the City has moved away from moratoriums, they continue to look at placement and "special use" where new banks are concerned. Mr. Leslie said he would like to see banks moved back behind other buildings and not built on corner properties. He said the legality of doing this should be researched. The zoning ordinance should be reviewed to determine whether or not special uses can be requested and conditions assigned. Another possibility is to create a policy assessing fees as part of the developer agreement. This could be passed as a resolution or in a policy. Travis Miller will draft a memo to the City attorney asking for legal assistance and recommendations. ADDITIONAL BUSINESS: Alderman Besco inquired about the Countryside TIF progress. The TIF will expire in March of 2008 and would possibly default if there is no action according to Mayor Burd. There have been talks with Tri-Lands who has been meeting with architects for possible uses. If the current owner defaults, the City will be required to fund the demolition. City Administrator Brendan McLaughlin said this expense would be reimbursed by the future value of the property. It is thought that the property will be planned as a lifestyle center rather than the big box store previously anticipated. Alderwoman Spears commented that while the property may increase in value in the future, it is currently decreasing the value of the homes in the area. She added that she hoped the developer would take the nearby residential area into consideration when they determine a use for the property. The Tuscan Plaza was also discussed. The owners must arrange for financing by the end of September and they must have their permit by December 31". They are currently on track In another matter, Alderman Besco asked to have SSA discussions placed on a future agenda. He would like to revisit the policy and asked all committee members to familiarize themselves with this topic. There being no further business, the meeting was adjourned at 8: 16pm. 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U U UE •S E ., 0 E 4 C 4 Y 4 � a 1�G-�v �ouvCSS�� `�EO cit o United City of Yorkville Memo 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 .c Telephone: 630-553-8545 0� Fax: 630-553-3436 <LE Date: October 12, 2007 To: EDC Cc: Brendan McLaughlin, City Administrator Lisa Pickering, Deputy Clerk From: Travis Miller, Community Development Director Subject: Plan Commission Actions October 11, 2007 September 12, 2007 Meeting Minutes—Approved PC 2007-30 Jensen(Septran) Annexation and Zoning Request Motion to continue the Public Hearing to November 14, 2007 8 ayes; 0 no The continuation was made at the petitioner's request PC 2007-23 Zangler Annexation Request Motion to approve subject to addressing all staff comments with the exception of the multi-use trail easement requirement 7 ayes; 1 no Concerns/discussion noted at the meeting regarding the annexation included: Recognition that the timing for the installation of the sanitary sewer line (east-west) across the property would cause a negative impact to the property owner if this line is installed following the construction of the home on the property and the Plan Commission generally agreed that this should happen at the time the home is constructed if possible. Residents spoke at the public hearing with concern regarding the staff recommendation to establish an easement for a multi-use trail across the property. The Plan Commission agreed with this concern and 1 i incorporated in the motion to approve an exception to this staff recommendation. The opportunity to connect Birchwood Drive (Heartland Circle) and Bruell Street in the future was raised and discussed by the Plan Commission. Such a connection would require crossing this property near the location of the sanitary sewer extension/recommended easement. Staff has had discussions with the petitioner regarding this potential street alignment and due to the plans for this parcel to be a single residential lot the petitioner is opposed to providing easement and/or right-of-way for a future street at this location. This connection is not currently part of the City's Comprehensive/Thoroughfare plan, therefore staff has not pursued this recommendation. PC 2007-32 Thomas Alarm System Rezoning Request (R-2 to B-3) Motion to approve subject to addressing all staff comments 8 ayes; 0 no PC 2007-33 Welles Zoning Review/Consideration Motion to recommend changing R- 1 One-Family Residence District to Estate District Zoning. 8 ayes; 0 no Findings noted at the meeting regarding the zoning classification included: The general uses of the property within the general area of the property include large estate lot residential and agricultural uses. R-1 zoning is more intense than these uses and Estate District is more consistent with the surrounding context Impact to infrastructure and roads were noted as a concern if the property is left in an R- 1 district. The density allowable in the R-1 district would be higher than the current infrastructure could handle in this area. PC 2007-25 The Fields at Westhaven Preliminary Plan Request Motion to recommend approval of the Preliminary Plan as presented subject to addressing all staff comments as well as modifying the southwest portion of the layout to provide more than one point of ingress/egress to the parcels surrounding proposed Keystone Avenue (loop area). 8 ayes; 0 no 2 \,�00 CIP Reviewed By: Agenda Item Number 2 p O J 9 T Legal 71 n EST. 1836 Finance ❑ 1 Engineer ❑ Tracking Number O LI ri City Administrator ❑ Consultant E] F-1 2007-34 <CE Nay Agenda Item Summary Memo Title: 212 Spring Street Variance Request Meeting and Date• EDC - October 16, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Anna Kurtzman Building Safety Name Department Agenda Item Notes: See attached. United City of Yorkville County Seat of Kendall County EST ', __- 1636 800 Game Farm Road Yorkville, Illinois, 60560 y Telephone : 630-553-4350 Fax: 630- 553-7575 <CB �? Website : www.yorkville. il . us October 8, 2007 TO: City Council FROM: Anna B. Kurtzman, AICP ��` SUBJECT: Zoning Variance Request 212 Spring Street PC2007-34 HISTORY: On November 14, 2006, the property owner (Larry Franklin) submitted an application for a permit to erect a shed on his property (212 Spring Street). As part of the application the owner supplied a plat of survey showing the location of the proposed shed (see attached). Although dimensions are not specifically provided for the shed they are provided for the existing house. Based upon the information provided on the plat of survey staff determined that the shed would comply with the zoning requirements. On November 16, 2006, a permit was issued to erect the shed. The applicant failed, as noted on the perniit issuance card ("green card") to request an inspection, during which staff verifies that the erected shed does in fact meet zoning requirements. On November 27, 2006, the Department of Building Safety received a compliant regarding the location of the shed. Upon researching the compliant staff noted that the shed is located too close to the rear and side property lines. On November 27, 2006, a letter was sent to the property owner notifying him of the violation to the zoning code and offering three options: to move the shed to be compliant with the zoning code, to remove the shed from the property, or to seek a variance. Staff made several phone calls, sent letters and held at last one meeting Mr. Franklin in an attempt to bring this shed into compliance. On July 30, 2007, the City issued Mr. Franklin a ticket regarding the location of the shed, which has created a court case for this situation. On August 22, 2007, the applicants filed a request for variances. As a result, the Court has stayed any review of this case until the variance case has been resolved at the City. REQUEST: The applicants, Lawrence and Joanne Franklin, own 212 Spring Street, Yorkville, Illinois (Property Identification Number 02-33- 103-005) located at the southwest corner of Spring Street and Liberty Street. The legal description for the subject property is attached to this report. This lot is currently zoned R-2 (one-family residence district) and is improved with a single-family detached house and a detached shed. The owner is requesting the following variances: ZBA 212 Spring Street — PC2007-34 October 8, 2007 Page 2 of 2 1 . Section 10-3-5A of the Yorkville Zoning Code to reduce the side yard setback for a detached accessory structures from 5 feet to 17 inches (a 72% reduction) and reduce the rear yard setback from 5 feet to 18 inches (a 70% reduction). CONDITIONS : The surrounding properties are zoned and used as indicated below: Zoning Use North R2 Single-family detached housing South R2 Single-family detached housing East R2 Single-family detached housing West R2 Single-family detached housing PUBIC HEARING RESULTS: On October 3, 2007, the Zoning Board of Appeals (ZBA) conducted a public hearing to consider the applicant's request for variances to allow a detached shed to be located 17 inches from the side property line and 18 inches from the rear property line of their property at 212 Spring Street. Approximately 20 people attended the hearing, with the applicant and 5 neighbors (or former neighbors) speaking. Two of the speakers (Mr. Franklin and Ms. Kate Edwards) provided written testimony (see attached). After Mr. Franklin read his statement some ZBA members asked him questions about how the shed construction. It was determined that the shed is on 4x4s that are resting on gravel. Mr. Franklin also indicated that it would be difficult to move the shed due to the extensive landscaping and other structures located in the yard. There was some discussion about the timing of when the shed was erected in relationship to when a permit was applied for and when it the permit was issued. Mr. Chris Funkhouser (ZBA member) noted that the shed, as shown on the site plan, was drawn in the proper location to meet the zoning code and drawn to scale and that a person could assume it was being placed properly. After Mr. Franklin gave his opening statement the hearing was opened to other members of the public. Ms. Edwards (owner of 211 Center Street — located immediately to the south of 212 Spring Street) read her prepared statement into the record. Ms. Edwards had previously submitted three pictures taken on November 15a`. These pictures had been included in the packet given to the ZBA. Ms. Edwards had a fourth picture that was presented that evening. Mr. Jerome Johnson (also part owner of 211 Center Street) also noted that the Zoning Code stipulates that there is to be a minimum setback of 10 feet between buildings. As a result, if the shed is allowed to remain as placed it reduces the area that he has for placing a shed. He questioned how water drains from the shed and how this adversely impacts the neighbor's property. He also shared how his father had built a shed approximately 15 years and therefore his father knew the City's requirements and had shared that information with Mr. Franklin. Mr. Bryan Pruitt (use to live at 210 Spring Street until April 2007) spoke next about the impact the shed had on his (former) property. He noted that the fence along the shared property line is ZBA 212 Spring Street — PC2007-34 October 8, 2007 Page 3 of 3 five feet high and that the shed is elevated. Therefore, given the elevation of the shed, combined with the proximity of the shed to the property line, the fence is not effective in screening the visual impact of the shed. Mr. Todd Range (207 Spring Street) indicated that he wanted the City's rules and regulations to be fully enforced. After conducting the hearing, the ZBA reviewed the findings of facts (see below). After reviewing the findings of fact but before making a motion some of the ZBA members stated that they thought the shed is an attractive shed but they were troubled with the information presented regarding the timing of when the shed was erected and when Mr. Franklin was made aware of the City's regulations. This motion failed with a 0-5 vote. This case is being forwarded to the City Council for a final determination. 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. The Zoning Board of Appeals indicated that no evidence had been presented that addressed this point. 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. The Zoning Board of Appeals stated "no. " 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. The Board indicated that the Zoning Code is clear as to where a shed can be located and that the hardship for locating the shed was of the petitioner 's making. 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. ZBA 212 Spring Street — PC2007-34 October 8, 2007 Page 4 of 4 The Board stated that they were not real estate appraiser and therefore did not have expertise in this area. 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. The ZBA indicated "no " to all aspects of this statement, with the exception of the section addressing property values. The Board reiterated that they are not real estate appraisers and therefore not qualified to address this point. NEXT STEPS The Zoning Board of Appeal's motion to recommend approval of the requested variances (to locate a shed 17 inches from the side lot line and 18 inches from the rear lot line) failed (0-5 vote). The City Council is obligated to render a decision regarding the requested variances. The Council may elect to approve, approve with conditions, or the variances. If the Council elects to approve or approve with conditions then the Council should direct staff to prepare the proper ordinance. /abk Attachments Filename: \\Coyse er\User Foldem\AKmtzman\My Docnments\ZBA\212 E Spring\1 0-8-07ZBAreport.doc ZBA 212 Spring Street — PC2007-34 October 8, 2007 Page 5 of 5 LEGAL DESCRIPTION OF 212 SPRING STREET LOT 9, BLOCK 14 MCCLELLAN'S ADDITION TO BRISTOL, YORKVILLE, KENDALL COUNTY, ILLINOIS. FF� PLAT OF SURVEY SPRING STREET F.I.P. 80 . 80 ' F.I.P. 90°03 '58 " 35. 5 ' 35 .5 ' N N F - I 7. 9 ' 20 .4' 8 4. 9 SCALE 1 "=20' F.I.P. =FOUND IRON PIPE _ y CX) 1 STORY ~ � FRAME CO O HOUSE ~ ' O 0 O O O O O 7.7 15. 5 ' 8 . 5' SCREENED zu ' ' y PORCH iv GARAGE . . . :.'' ' ' '; < '• ' DECK 24.4' . . .. F-3 to �/ V/ pe6 �- SET SET I.P . I.P. F.LP. 80 . 00 ' F.I.P . 1 . 0 'S 1 . 0 'E LOIS 0 .2 'E 6 Q� PLAT OF SURVEY OF LOT 9, IN BLOCK 14, MCCLELLAN'S ADDITION TO BRISTOL, YORKVILLE, KENDALL COUNTY, ILLINOIS. COMMONLY KNOWN AS 212 E. SPRING STREET. STATE OF ILLINOIS ) COUNTY OF KANE )SS I , CRAIG L . DUY, AN ILLINOIS PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON IS A CORRECT REPRESENTATION OF A SURVEY ORMED AT PD UNDER MY DIRECTION , pNetmut +aiuyyy DATED AT AURORA, ]ILLINOIS ON LY 2 r 2c� P� ..... Todd Surveying ::• CRAIG L. DUY to Rev. Description a o ; 035 009359 ; E.D.M. & Associates, Inc. IG L . DU 30 NEWARK Aurora, Illinois ILLINOIS PR ESSIONAL LAND StYQJ�NOIS •- Aurora Tel. (630) 892-1309 N0 , 3359 9TH • • .. •• `Number: B15 D e. siza: S Sandwich Tel. (815) 786-8210 "711111, 1rOF t L ram By. TLC ec checked By: Fax; (630) 892-5544 Reference: ILLINOIS PROFESSIONAL 2000 - 1033 LAND SURVEYORS Protect Numbs Zoning Board of Appeals LarryFranklin Regarding Variance Request 212 E. SpringSt. Yorkville, IL.60560 (630)553-9396 I am here tonight seeking relief from Section 10-3-5A of the Municipal code, which outlines where accessory buildings may be located. I was not aware of this Municipal code, and it was not brought to my attention until the shed was already completely built. I really thought that I was doing everything correct. I completed an application for a building permit, including a Plat survey of our property with a diagram as to where the shed was being placed. Nothing was ever brought to my attention in regards to the shed having to be five feet off the property line. I am led to believe that this, Municiple Code Section 10-3-5A is only inforced if there is complaint filed against a property owner. Because when I questioned the city / Building Department in regards to the numerous vilolations I have witnessed to this section 10-3-5A I was told I can file a complaint and they will follow up on it. That they don't have the man power to inforce this code 10-3-5A . Well I don't feel it is my responsibility to police our town to find people in Violation of our Building Codes. If the City will not inforce this Code Section 10-3-5A Why have it ?? Please everyone look around your neiborhood & through out town you all can probably find someone in violation of this Code on every other block or so.. I would like to note that there are information handout sheets on the wall at the building department with frequently asked questions, and there is a paragraph regarding to "Where can I place the structure on my property " there is nothing on those hand outs regarding to being five feet off the property line. I do want to note that we take a lot of pride in the up keep of our house, and landscaping as well. Also the shed I built I took pride in as well. I also want to note the shed is on the inside of our fence on our property, and there are not any Utility restrictions in the area. You are all welcome to come over see for yourselves. I also want to state that this shed is not 100 % complete, I had planned to put in gutters, a window, with shutters, a flower box, as well as staining it . I have not completed these items I have listed seeing as though I have already spent Over $ 2,000.00 in the building already, and not knowing if I am going to have to remove the shed. I am not looking to put any more money into this shed if I am going to have to remove it. Which could have been avoided if the Building department would have done a more through job in reviewing the Building Application I feel that if the building application that I applied for would have been processed more thoroughly. The Municipal Code Section 10-3-5A would have been brought to my attention and I would have filed for this Variance Request before it was built. Pending the out come would have been when I would have been able to build or not built the shed. Seeing that the size of the shed I built is not very big to begin with. I would not have built the shed at all with the restrictions that were brought to my attention after the shed was already built. So in Closing if the variance I am requesting is not granted.I want to note I have spent over $ 2,000.00 that could have been avoided if The City of Yorkville, and its Building Department would have been more through in regards to this Code My name is Kate Edwards. I, along with my two brothers, Tom and Jerome Johnson, are the property owners at 211 E. Center St, which is the property directly south of Mr. Franklin. I would like the zoning ordinance regarding 5 ft. side and rear yard setbacks to be enforced. The property was owned by our father, William Johnson, prior to his passing on April 1 of this year. It was his wish, and ours, that Mr. Franklin not erect the shed within the legal ordinance setback which is 5 ft, of side and rear property line. My father had a discussion with Mr. Franklin in July 2006 explaining his position on this matter and informing Mr. Franklin of the setback ordinance. He wished that Mr. Franklin abide by the laws and ordinances including application and receipt of a proper building permit prior to construction, and requesting and receiving proper legal inspections. Nov. 4, 2006, I was present and saw workers begin work on erecting the shed without Mr. Franklin having obtained a legal permit. I realize our father is not here to testify on his behalf. I had numerous conversations with him about his concerns about this matter. Nov. 11 , 2006 my father questioned the workers about whether there was permit. They said they didn't know. Nov. 13, 2006, Dad went to the building dept. to express his concern about the project proceeding without a permit. Nov. 15, 2006 I took 4 pictures of the shed construction site, which I have for you. Nov. 16, 2006 Mr. Franklin received a permit, 12 days after construction of the shed had begun, not respecting the city permit process. Nov. 27, 2006 I personally went to the building dept and spoke to Bill Dettmer, code official and formally filed a complaint. That dept. then started their investigation of this matter. Jan. 3, 2007 I was notified by Mr.Dettmer that Mr. Franklin had not applied for a variance and matter was being turned over to John Wyeth, city attorney at that time. May 2007 we had a survey of the property done by James Olson Associates Ltd. This survey confirms that the shed does not comply with the city ordinance. As you can see this has been a lengthy process. I would like this application for a variance denied and the legal setback ordinance to he upheld. The shed next to our property line is substantially detrimental to our property value and diminishes the appearance of our property. Thank you for your kind and careful consideration of this matter. O� / t il ' f F r i t 9 � tg IN Ifl,y r9y 'CBiYe: . IE p�lr , Y >dF t ' e� 3 v » IN yw �f � r �9� i,?F.iDgl� 'rtr� f { a : IN i ® IL i C 2� V �q ¢ � 1 tf A el � ®`�Y 93f . } $ " TI IN NI IN I IN S tt� , n ova IN IN IN IN IN l l r; l , IN �NV 'N 3 \ R A 1a ^ t a a ' L .4 t aS *a - ;N. IN Baal NI =: *5 9t'! fS � + R '� �t a �4 � >,! A \,y gg ! } se gfg([ G l �pM1�ppj tt NI IN h •, v IN, IN Y I i Ti it 4 ij 445: R n S "w ts-07 11 4 �i ' S�j r�� I Z`�r� 5y� ♦ / I � Y�a'�,- v ..b, a At L °✓I �h'iUi' �' 'VyS SA spa p1 r � iu' ® � r 18 r e� ar VIII II I M�i I h� it I[V 141 l � Vill .11 r Y 7d , Y � pll — y r AY *� rf Y? 1 t 1 � 1`�Sa^iM rk'S .1• r/� R } { iY J ef�M I n r�' a +7R'r3m i S', ,.a 3 nr7 Y r h 5ar m Y w 11,7t I �t / l y.� ek a rh ld�r ryS Qq.�Iw � •+��! � �?r3r l ! �'�J9 � t Ott � Str Year ^ tF} r!< A((J:.Fr(ti iP k �( ��y �u l4 it ylvl9 ! t,y ~f � � § dRl ?y aktb rtJ eJ 1ra 'ftYV �Yri ta.atn � ' �rx MP t �F,f a al 4, 7 t r el Rn A � � i I * NUJ I Y l5wr 1 Reviewed By: Agenda Item Number 2 w O J � T Legal ❑ . `� 1636 Finance ❑ esr 1 Engineer El g Tracking Number 4 e y City Administrator ❑ �1 �O Consultant ❑ PC 2007-32 E F-1 Agenda Item Summary Memo Title: Thomas Alarm System Meeting and Date: EDC/October 16, 2007 Synopsis: Request for Re-Zoning Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report o United City of Yorkville Memo a a T 800 Game Farm Road EST, 1836 Yorkville, Illinois 60560 Telephone : 630-553-8545 ®� ® p Fax: 630-553 3436 LE Date: October 8, 2007 To: Economic Development Committee From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-32 Thomas Alarm System Re-Zoning Request Background: The Plan Commission will be reviewing this request and making a recommendation at the October 10, 2007 meeting. Comprehensive Plan Recommendations The Comprehensive Plan Land Use Plan for the property recommends Traditional Neighborhood. The `Design Guidelines' are listed below for this Land Use: • Any development or redevelopment shall conform to all City regulations regarding their use • As most development will be redevelopment of existing sites, the distinct character of the (Transitional Residential) Neighborhood will be vulnerable to change. Therefore, all development must be carefully designed to fit the character of its existing surroundings. • Existing residential and commercial uses should be preserved. Residential properties fronting on arterial streets may be used for professional or service offices, or for small retail shops consistent with the character of such uses in the downtown area. Findings Necessary for a Zoning Amendment shall be based on the following : a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. 1 d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11 -4-76) Staff Comments: 1 . The B-3 zoning classification requested is appropriate and supported by the Comprehensive Plan for this property. 2. The use proposed will be within the existing structure and therefore have a minimal architectural impact on the surrounding character. 3 . Allowable signage should be more restrictive than that allowable within the B-3 zoning classification to ensure the property remains in context with the surrounding neighborhood. • Recommend requiring the following signage regulation not within the current sign ordinance in the form of a Development Agreement between the City and the Petitioner. 1 . No signage may be internally illuminated; 2. No pole signs permitted on the property (one (1) wall and/or one (1) ground sign only) 3 . Maximum sign area of any sign shall be no more than thirty-two (32) square feet. 4. The existing structure which will house the business consists of 1 ,832 sq. ft. Applying a retail parking ratio of 1 space per 300 sq. ft., which is consistent with the B-3 zoning request, 7 parking spaces would be required for the subject property. Staff does not, at this time, have a geometric plan to determine whether the site meets the minimum parking requirements. Staff recommends a geometric plan be submitted demonstrating the parking onsite complies with the aforementioned requirements. Staff Recommendation: Attached Reports: - Anna Kurtzman October 4, 2007 report 2 United City of Yorkville J= �^ County Seat of Kendall County 800 Game Farm Road Yorkville, Illinois, 60560 < rn Telephone: 630-553-4350 �9 �O` Fax: 630-553-7264 E Website : www.yorkville. il .us October 4, 2007 TO: Stephanie Boettcher FROM. Anna B. Kurtzman, AICP SUBJECT: PC2007-32 Thomas Alarm System Rezoning Request The Department of Building Safety staff has reviewed the Thomas Alarm System's request to rezone property at 711 N. Bridge Street (PIN: 02-28-351-021) from the City's R-2 (One-family Residence District) to B-3 (Service Business District). Within the B-3 district the following standards apply: Lot size: Minimum 10,000 sq The subject property consists of 13,095 sq ft. Front yard setback: Minimum setback of 50 feet The existing house is located 68 feet from the front property line. Side yard setback: Minimum setback of 20 feet The existing house is 17.6 feet from the northern property line and 28 feet from the southern property line Rear yard setback: Minimum setback of 20 feet The existing house is approximately 53 feet from the western (rear) property line. Transitional yard setback: Minimum setback of 30 feet A transitional yard is required to be provided along the western property line. The existing house is approximately 53 feet from this property line. The subject property meets, with one exception, the standards outlined above. As noted, the existing house does not meet the side yard setback as measured from the northern property line. The applicant has indicated that the house consists of 1,832 sq ft. Applying a retail parking ratio of 1 space per 300 sq ft, this property would require a total of 7 parking spaces. Staff does not, at this time, have a geometric plan to determine whether the site meets the minimum parking requirements. labk 5leaama m {\Coysm TJsa Foldm\AKurizm Ny Documents\Thomas A3acm Systems\10-0-07 PC Report.dac o,. 7i& o n a 4e o 3 ti 1 'y ° �. 4 y x1,71`. /1 L' 7 yP.'17 0 �• I 1 ° — 7 son 7 nz n.. 0 ll \ yy i B 9 I Ub - L711 " a r,. p 1 ; a r t, U) W Center St it 3108 r , r J r ; - - ;iI '�`llhain St t I 1-J Rhi,uil : t l li iL United CI of Yorkville GIS The Data Is provided without warrant or any'representation of United ry accuracy,timeliness,or completeness.It is the responsibility of the Parcel Data and Aerial Photograph♦/ "Requester"to determine accuracy,timeliness,completeness,and w--- i O OtNce D strict J I Subject Property :,, .— ; R-2 One Family Residenc District I7 _ nil ul .I --E—P-ark-St— lillh C J [I,:� - _ B-1 Limited Business District !_ i R-3 General Residence istrict amo. ak-St— W-Somor�aw - C, fo EP W-SPring-gam_ �'F!One Famil ResidE nlbe brltije [:J 10 --E-Sprang St----- - ---- — W Center St--- EJ El = C -- -Center-St J_(f� �. -- so ?d. - :ire, � � LJ n. 0 / B-2 eneral Business District St ,� t_j - r. Ld ID Ld C t� C' P a' st------ The Data is provided without warranty or any representation of �u United City of Yorkville GIS accuracy,timeliness,or completeness.It is the responsibility of the w 1\'17E Parcel Data and Aerial Photography 'Requester"to determine accuracy,timeliness,completeness,and ypr Reviewed By: Agenda Item Number 2 0 J T Legal ❑ tq Ev P �. t_ 6, ssr - 1836 Finance 11 Engineer ❑ -�` g Tracking Number < y City Administrator ❑ mss- O Consultant El.� `mss F-1 PC 2007-25 �<CE Eby Agenda Item Summary Memo Title: Fields of Westhaven Meeting and Date: EDC /October 16, 2007 Synopsis: Preliminary Plan Approval Council Action Previously Taken: Date of Action: October 24, 2006 Action Taken: Amendment to annexation agreement and PUD agreement Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report cl;h United City of Yorkville Memo 800 Game Farm Road ` _11836 Yorkville, Illinois 60560 14 m ` Telephone: 630-553 -8545 Fax: 630-553 -3436 SCE Date: October 8, 2007 To: Economic Development Committee From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-25 The Fields at Westhaven Backeround The Fields at Westhaven Preliminary Plan is a portion of the Westhaven PUD, last amendment approved by City Council October 24, 2006. The Plan Commission will be reviewing this request and making a recommendation at the October 10, 2007 meeting. Staff Comments: The Preliminary Plan is consistent with the Concept PUD plan. The Fields at Westhaven portion is referred to by the PUD Agreement as "Conventional Residential" land use and approved to meet R-2 zoning district requirements including a minimum lot size of 12,000 square feet. The PUD agreement requires a 15.02 acre school site and a 5 acre park site dedication requirement. The Preliminary Plan proposed includes combined acreage for this dedication. Prior to Final PUD/Plat approval, these parcels will need to be delineated with input from the Park Board and School District 115. Staff Recommendation: Approval subject to the attached reports: Laura Haake October 1 , 2007 report Bill Dunn October 5, 2007 report Anna Kurtzman, October 4, 2007 report 1 CO, United City of Yorkville Memo 800 Game Farm Road ER +sae Yorkville, Illinois 60560 �— Telephone: 630-553-8545 9 4 �p Fax: 630-553-3436 �LE Date: October 1 , 2007 To: Travis Miller From: Laura Haake CC: Joe Wywrot, Dave Mogle Subject: Fields of Westhaven andscape Plan Revie I have reviewed the landscape plan prepared by Christopher B. Burke Engineering West, LTD., for Fields of Westhaven dated May 24, 2007, with latest revisions of September 21 , 2007, and have prepared the following comments: eneral Comments: 1) Lots 76 and 64 and lots 98 and 99 have an area indicated with Tall Grass Mesic Prairie Seeding. This area will be difficult to establish, maintain, and prevent homeowners from encroaching, change to be planted with Turfgrass and landscaping. 2) South of lot 176 there is an area indicated with hatching. Please remove or correct. 3) Any home that has a rear or site lot bordering an arterial or collector road requires a 30' landscape buffer yard planted with 3 shade trees, four evergreens, and twenty shrubs per 100 lineal feet (i.e. Beecher Road.) 4) Basins are to be designed with a meandering edge. The current basin design does not meet design standards. Change all basins to fit this requirement. 5) The plans state that an engineer must inspect plants, placing of plants, etc. This shall be completed by a Landscape Architect or other qualified individual. 6) Under the `Management of Naturalized Area' the second and third year should include all of the maintenance methods states in the first year of management. Due to the proximity to homes, naturalized basins cannot necessarily be burned every year and may require alternative methods of maintenance if the weather conditions do not cooperate. A yearly report summarizing the establishment of planted species and methods used to maintain area must be completed by an experienced company in restoration ecology. Parks Trails: 7) Change the note on the plans for the School/Park site to say `Park Department' not `Park District'. 8) It should be noted on the plans that the park site and the school site will have to be graded, seeded, and blanketed according to the park development standards. S2 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 FAX: 630 / 466.9380 www.eelwob.com Engineering Enterprises, Inc. October 5, 2007 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: The Fields at Westhaven Preliminary Engineering & Stormwater Management United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the Preliminary Plan submittal for the referenced "The Fields at Westhaven" Subdivision consisting of the following material received to date: • Preliminary Engineering Plan prepared by Christopher B. Burke Engineering West, Ltd. (CBBEWL) consisting of three (3) sheets with a latest revision date of September 21 , 2007. • Preliminary Landscape Plan for "The Fields at Westhaven" prepared by CBBEWL consisting of eleven (11 ) sheets revised September 21 , 2007. • Preliminary Stormwater Management Plan prepared by Christopher B. Burke Engineering West, Ltd. revised September 21 , 2007. • Perspective Plan prepared by Land Vision, Inc. dated July 20, 2007. • Illustrative Plan, Preliminary Plan and Adjacent Owners Exhibits prepared by Land Vision, Inc. dated September 17, 2007. (Half-size & Full-size) • Revised Wetland Assessment by Christopher B. Burke Engineering West, Ltd. revised December 3, 2004. • ALTA/ACSM Land Title Survey prepared by Thomson Surveying, Ltd. dated November 21 , 2006 • Response Letter prepared by Christopher B. Burke Engineering West, Ltd. dated September 21 , 2007. We offer the following comments: GENERAL 1 . A Wetland Delineation and Report should be should be submitted for review Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joseph A. Wywrot October 5, 2007 Page 2 of 3 by the City's wetland consultant prior to Preliminary Plan approval. (Has been provided) 2. Permits or Sign-offs will be required from the following agencies: a. (IDNR) Consultation Agency Action Report regarding endangered/threatened species or natural areas. (Has been provided) b. (IHPA) Division of Preservation Services regarding Historic and Archaeological Resources. (Has been provided) c. Yorkville-Bristol Sanitary District regarding Sanitary Sewer Facilities. d . (IEPA) Division of Water Pollution Control regarding Sanitary Sewer Facilities. e. (IEPA) Division of Public Water Supplies regarding water supply and distribution. f. (IEPA) Division of Water Pollution Control regarding a Notice of Intent (NOI) General permit to discharge storm water. g. A Natural Resource Information Report should be applied for and prepared by the Kendall County Soil and Water Conservation District and submitted for review. (Report has been provided) Items a, c, d, e, f and g will be required prior to the start of construction activities. PRELIMINARY ENGINEERING PLANS 3. The proposed water main which is to be extended from Bailey Meadows through the school/park site should be shown in a public utility and drainage easement. 4. The intersections of both Beecher Rd and Wolf Creek Avenue with Baseline Road should provide radii where right-of-way lines intersect as is shown throughout the balance of the site. 5. Street light spacing in not in accordance with City standards and should be revised. These revisions can be addressed during final engineering. 6. Roadway improvements should be indicated or shown for Baseline Road within the limits of the subdivision. The City's transportation plan anticipates Baseline Road being a collector road design. G:1Public\Yorkville\2006%YO0633 Marquette Land (Residential Development)\DoeJwywurot03.doc Mr. Joseph A. Wywrot October 5. 2007 Page 3 of 3 7. All other comments from our previous review letters have been adequately addressed. CONCLUSION We recommend the approval of the preliminary plans subject to the comments indicated above. It is our opinion that these comments can be addressed during the final engineering and final platting process as long as the intent to make the necessary changes are acknowledged by the developer at this time. If you have any questions or require additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. , 22i" , q. a.", William E. Dunn, P. E. Senior Project Manager p.c. : Brendan McLaughlin, City Administrator Bart Olson, Assistant City Administrator Travis Miller, Community Development Director Charles Wunder, Urban Planner Chris Lindley„ Christopher B. Burke Engineering West, Ltd. JWF, DRM - EEI GAPublidYorkvillei20061Y00633 Marquette Land (Residential Development)0ocllwywrot03.doc v cir J y� United City of Yorkville County Seat of Kendall County 800 Game Farm Road Mr. -; lase Yorkville, Illinois, 60560 Telephone : 630-553-4350 Fax: 630-553-7264 SCE ``�> Website : www.yorkville. il . us October 4, 2007 TO: Stephanie Boettcher FROM: Anna B. Kurtzman, AICP SUBJECT: PC 2007-25 Fields of Westhaven The Department of Building Safety staff has reviewed the following document for conformance with the City's zoning code: Preliminary Plan dated 9/17/07 Preliminary Engineering dated 9/21/07 Preliminary Landscape Plan dated 9/21/07 Based upon our review we offer the following comments: 1 . The Preliminary Plan indicates that the present zoning is R-2 and that they are requesting R-2 PUD. All lots meet the minimum lot width and lot area associated with an R-2 district. 2. The Preliminary Plan and Preliminary Engineering Plan both indicate that there will be a 30 foot wide landscape easement on either side of Beecher Road. The landscape plans do not seem to show any details for these areas. 3. Some of the key maps in the upper right comer of the pages for the landscape plan are using the previous preliminary plan and should be corrected to reflect the current preliminary plan. /abk c: T. Miller Filename: \\Coyserver\User FoldersWKurtzman\My Documents\Westbaven\Fields prelim plan 10 1-07.doc L\ 6 { may..!Y � # +�raZ^~� 1'L'.��j' g�„� '�,� � �1 �6. r..��•`C,�� <�' r �,;: - - ",may, r.�-y.. - �.. '� �+ �� `' 1 t �\ >_ •,,'.,.- °''- ILL t V Ilk mli. qk T A .. . Existing Zoullg- R2 .wreman.+.wm.v,..•m.. P.po. ZoMng-R-2PW Total Sngle Family LOn- 261 Total Sle Area- 161 w.ae.r+w ,v.. 3 +•.I i+" .t axc Grose SRe Delnity- 1.6 D.D.W. ...... Ti Open Spam- 26.59,1i-165% aAS,w _ _ _ eumvaan+r m+oni[rtw+umu,xw Ixoo wwrv.vum wp..- 11 Minimum LotSim 12,WU SF +•�w,�o ms Average Lot Sim 13,4355F Maximum tot Sim 22,1655E ru w +ma +aw+ +men Yorkville, Illinois Renrtdleuunry M ken&Il eounN ww"NINW1 NOV* lu I�r•°is.lu ke 3—OR 14uryp Zmed PR ° Zoned RR k-� n........... .�.,....:.... flual Re.dentlal �..vm....><. R-1 Reiynlial P.urel Re9de:tlal r....m...e. vwson•:,.wvw - --- BASEII EROAD 9 - 6 1 O 16a 163` 162 I61 160 1J9 ISB"� IS] 15S Ib S 6Id1 151- Isl I50 119 1 010 u.. x3 33 21 30 19 WB P 16 n6 36 Yr - •... r .3 A I 13 x51 253 253 2si 255 xs6 358 259 . I 38 39v ]OV 31 u3x 33° 34' 35•}.. 1� a]. +A•. 39 iw 'al -2.. 13 16] 50 ..1 1 2 1 nw * - - 59 Sp sJ 56 55 s9 SY s3 1 Srl 50- Y9 '�8 I] 86 5 M 3<9 310 1[j2- 26 x S Z®d 313 392 241 '190 g f o• xx 238 339 23D R31 3321��33 234 X31 -236 1 m _ ] gµ r-I<6 13]1 f 136 II]1 r f 126 11] 116 IJO ,•.V . • .w° ••ry 2umi F, 60 � • I I I ru. .w• 1. I yu• .u,• I � 1 I , 2one6 OP�:� I lze �.. i 1n tta i I u: ,lel. N. '.¢I 115 lY0 1 1 I .ve .u.v 1 ..... nu• I dxpvpnam R 1 w - p I a q 1 -1 1 -✓\ 11< 1�: 172 yl{ xx6 325 221' -2S 2z3 )xl 220 x19 319 IV 6 JI s6 IIA}me -_ i /�.-1 1 �ti�3 :,m: ..w. I I non• - u®v 21 — Q i' I '. •. ,••,• 61 142 lal 1 iaz mJ I L_lYxx 1?1-Jl' F ]8'- __ •mJ 0 ••__ ___ L •••'v 1 IDs IM 3m 3M u09 210 IH 3R Ito ' - 01 I 'v 1 11,i I r l 1 'I YII NE—AVENHE-_ ' '1 v e o 6 'i °p4E 6 ZO / __ _ 6' , 1 f 98 "\f� - I %300 21R x01 . 2W 199 190 19I 196 195 IN �wv J F--- _ naY• / I � I I- %>�• ..�. I I .,9:. _ _ _ _. � 1� � 82 � 88 , � -.r. 1 J } ..mv nws .am• a.xv -�.o �.�.° .wv i.. o _ 9x f- 1 I�3 ° ' I , / M1" 100 181 182 183 IB I85 186 I81 1 109 190 191 I +nv I I � - _ _ _ .- g3e I i v�.• I 1 �/� / _ I / Pnr4 L:e I j�Q - _ wi• I I v]D 69 � OPn 1prc I W ` r 1 5. /r42 EI fie _89 90 91 COMMONWEATIH EDISON _. —ice zoned ea ruD .1:n:�`Eil.a Zanea .a...mr•. .nrr•m q-3 PUD 1 nu:wmoroirrronrr.m wxnnaw.rw..oe,.vnre„wvr..w��. WStIng 2oNllg- R-2 rr..e w•+.... .b,.0 ..w -: �uura,mnnen,eornrrmx.auw Proposed Zoning- R-2PUD wn/A Toml Single Family Lots- 261 S:n Tolal She A 61.36A. 8_r Ate ac crass Slle Oens nsLLy- 1..6 D.LL/A,. - TmW Open Sp. 26.58A, 16.5% ^' wwre,w+ewrmnrrmenrcuwnuu rnvrmx.mrxn.[rxoa riq°.mp _ _ _ xnr - - MIMM11MWlSOP 12,0005F Im.n a W E Average Lot 51ze 13,435 SF - - - M6ximamLOt5lze 2],165 SF The Fields at Westhaven a Illustrative Plan Yorkville, Illinois S D' 100' I0o' ■ Ben&UCwnI M,14 X61,4 ae&ficoucI FM1k.N Ya. MZMl ..V m•�m �.�•r Rvral Peiaentlel ...°•.w� Pu.1PeRhn9.1 •'....•a oa Ru.IRe bf ,,,.- ---_ •'..` - BASED EAOAD 4 — S 3a [ a3. - 33 31 ym+7. 19 18 1] 16 IS 14 13 nEm, ,aw F 10 wn[uw F .u, _ +' I X65 _ _ • G % 59€ 1 y531� a1k5Z d0F lY> _ 169 1Ri . 16x 16t 1W€ I 5R- IS] 156 155 IS 151 150 f19 1 e I I t6s � • ..,. � ., +..� k "_;... ,�.. ,..- .,: .,.•.. - a3e,[ 9 Iii. �Y u C ',' zsJ 9[F 261 C :6 yI n {� I IB 39 _x 30 31 uw3 33 34 35 1 136 E` 3] 38 39 � IO tl1 V3 Y 3 �% i � i]50[ ,A .S:s 3m,d °s' s ,zvse 9 xS 1 51 T53 P 353 3 I „ 1�1 li 1 �m E I � - � k ... F I I 'ptl I it F ''�� I N9 398& T4J'g X96"�, 2e5 F z94.0 34M3 F z9z 3aya41 F Z90�� - - I S vt \ _ 60 "r 146 15] _ 41 t36 to , ltt E.. 'Il> �'• it6 :m s 14zn , 229 xn iq X3t 23x1 x33' x34 235 a i3ti F li; a 3 1F I °p'lsp" I • .�1.•i E 4'A t9s-_a tae I F I €��,m: tm al e e tzs_ tie %€ • :�1.lID:�5€ ° ell �;,J� .., o, .. __ F z.. al€ � n"e.m sn °, I p, n � xnn 144 # 4i F F3: F ;.t:hl F 1:: 1,,::i li kC _ _ 511€ � 16 n I 1 vle LYRW9�•Y[ � \-`� -»::. . ,;.6.€ e _64'�-� .. L.laz 14f I I €Ih l3, : .:g;e -y In lu:§]. enz:j.. I II%.er I Imo _-� •a6€ �D>K3ce€ ?o9a" amC xn �Yz13F z6 =%i'i I vi y��t9 � J9 a a —A a —b — 'J—e �� .� / +t� Ic I 1 -.: - ,I .., 4. .., m ... •w z °�i€ E� ag '4 - Aq 65 1� Y 9P ° - a p y' y J P6�I 1 11200 € 303 301 € aro _ 199 198 a 19]x p96 a 195< 19< € 193 3 E €g1 °°, tiE• ry + - RI° Ia _ , € lm[,t„°..lsf 1MF l03 .iwF IOS la6F .,io] IwlO9i s 1�E _� L V - ° 3 0 i< Ja € e=6+ ti F /-sf_ ... --iTfAMBOAT-�PIY� ex ei€� ie ]'.-3 ' � / /' {r>9 lw let € lu Iba a®,E'les to la1•r Iee F lµ€ .®p 191 F.t?z I e r .. ,.... .... ,,., a ... _ e 1 - __ '....._ � I ," - ••, f� ,arc ' sun...® • COMMONVJEATLFI EDISON zo s u"e Lee.sslW R-3 pID e�aMSS.R,1W Zone) ..rv.rr, ,«r.rsa q-3 PUD N W E S 0• 1W' 2W' The Fields at Westhaven Preliminary Plan Yorkville, Illinois Sheet 3 of 4 F• W- I I i ImWP 1- evl NWmml �T �b Zmeo W. w � imxm aAas.amN 1 IT II m1uRw4rY RS ti�em MMtlmY '3E I N W E S o 12P zm The Fields at Westhaven Adjacent Owners ra n 'a Yorkville, Illinois Sheet 4 of 4 Z W S N PRELIMINARY ENGINEERING PLANS QE for a to THE FIELDS A T W a DRAINAGE CONSULTANT PLANNER IL Ot- HUDDLESTON DRAINAGE COMPANY LANDVISION, INC. 2 ff 116 W. MAIN STREET, SUITE 208 116 W. MAIN STREET, SUITE 208 H ST. CHARLES, ILLINOIS 60174 CHARLES, ILLINOIS 60174 (63 WESTHA VEN (63 (630) 513-0757 (630) 513-0757 YORKVILLE ,, ILLINOIS SURVEYOR 06-98513 DEVELOPER THOMSON SURVEYING, LTD. MARQUETTE LAND INVESTMENTS, LLC 9575 W. HIGGINS ROAD, SUITE 850 BENCHMARK 463 BRIARGATE DRIVE ROSEMONT, ILLINOIS 60018 SOUTH ELGIN, ILLINOIS 60177 (847) 318-9790 SOURCE BENCHMARK: (847) 289-3758 ELEVATIONS BASED ON FEMA BENCHMARK NO. RM15: N A CHISELED SQUARE ON EAST UPSTREAM WINGWALL ON U.S. ROUTE 34 BRIDGE OVER BLACKBERRY CREEK, h ELEVATION=610.79 NOTE: M a ON SITE BENCHMARK #1: a IRON PIPE APPROXIMATELY 3' SOUTH OF THE EDGE OF PAVEMENT ON CHRISTOPHER B. BURKE ENGINEERING WEST, LTD. IS TO BE NOTFIED AT LEAST THREE (3) DAYS PRIOR TO CALL WITH THE BASELINE ROAD APPROXIMATELY ]5' EAST OF DRIVE FOR RESIDENCE AT STARTING CONSTRUCTION AND SHALL BE INCLUDED WITH THE FOLLOW LNG: 43W904 BASELINE RD. IN THE PRECONSTIIUCTON MEETINGS COUNTY KENDALL COUNTY ELEVATION=68].3] ENGINEER DAIS KY CITY, TOWNSHIP THE UNITED CITY OF YORKVILLE, BRISTOL TOWNSHIP JOHN R.HUBENY. P.E. SEAL r SEC. & 1/4 SEC. No, NW1/4 SECTION 5 & E1/2 NEI 14 SECTION 6 ON SITE BENCHMARK #2 RUNOBRECrsTRARONN0:(620050135 os2a135 47N, RANGE 7E IRON PIPE APPROXIMATELY 15' SOUTH OF THE EDGE OF PAVEMENT ON EXPIRATION DATE IUKRAIvi 0 48 HOURS BEFORE YOU DIG. BASELINE RD. AT THE NORTHEAST CORNER OF THE JOB SITE PROFEGSIONAL DESIGN RRM NO.: I844002Ts] EXCLUDING SAT., SUN, 8 HOLIDAYS APPROXIMATELY 30' SOUTH OF THE NORTHEAST CORNER OF THE EXPIRRA�TIONPLDAOB( N nEPEw SOUTHWEST QUARTER OF SECTION 537-7 TRESICNANRE.sGLaNO o-nlaTlorv'wTeoFSeaiorrvear+�icluR O ELEVATION=6]].53 G LEGEND w EnsTUVC UNETYPES � V! ___ PxroscB d i INDEX LOCATION MAP pM R - REVISIONS r SHEET SHEET SHEETDESCRIPTION J ` I ' 1 ,{ �1 1 - � } SANITARY 2vm -�� ORIGINAL PLAN DATE: 05/24/0] RATES u (w/ TIRE) -w w- W # I.D. �� % " l w PIPE TRENOI BAgRUL N 1 01 TITLE SHEET t1L�. 7- `; CT.H f - # SHEET# REMARKS DATE y ..-e CAS MAIN i- REMSE OPERTHEUNITEU CITY FY RKNLLE 2a PET-PE2 PRELIMINARY ENGINEERING PLANS TEIEP ONEI ES —*- RENEVVCOMMENTSUATE()B13AB&6RIBAN 3 1 ENGINEERING EN fERPRISES.ING..SEMEN 7/2]/0] m y N, L ELE LANE E—R— COMMENTSDATEDA1201)1.EVISED PEfl ENGINEERING ENTERPRISES,INC. y IO 172 ALL 9/21/0] EASEMENT WI � SCHOOL 80ARD PARKIRS1R1CTAND W T CRO PROPERTY E yT [ Q SO,, tL f:i 3t , ,� < 3 __CFHRMINE O W y AA - N f, r iJ r STRUCTURES 0 C � Y SMIiAflV MAMXCLE O N Z_ •LCD E STORM MANHOLE - O N F C J 0 cATCx BASIN • W E. r' `.' ) _ 5, }w O 9JMP STRUTCNRE 6] Z_ T t PnwccT f 0 — FIRE HYDRANT w to PRESSURE CgMKnpl O v to PIPE RISDA)m M U W !� W 00 VALVE k VAULT. VKVE O P RARE) END SECTOR M F R _. STREET UGHT UTILITY POUT v Tg0. PEBIT a - Na - 4 SPOT ELEVanON avv ., �— KnLAx AGE ROJrz - y NPNP P' - ORIJNAGE SCOPE W E T." l TC d _.O R112E ,�5 { I S r /1 1..,y17 a vROPOSED USE - y« HIEas sse f N.TS 1 Ply f` l TO REMOVE JOB NO 06-9858 3 S EET i DC1 I 14PR'au.< 1,fNNIN Rom , . - < , ; -�� -z«,.w.„: ^--� -_..J +.'v;— ,�---- -�_ - s^—�4'r`__''_"""'_'L..-,rya < '�e� � 'J:`- _��.•�— - 6F . _- . � . n_ v �: � .`;1 � '" -I , ` II � { � ... 8. - ' 13 t 12 71 10 9 . "8 7 506 '� Q / / ' \•;� anY , taw V '24` `t F92 Z 20 19 18 x�m s 21 z oz z9G s aw s �� \ g, 1 z ss` 1 v5o zz * x. I ' /5.. 12J 0216 \\ e `--� L s !4, _i L a L s n __ i r1 _ 9 L� ° _ , -' n •• !h;'7 V J� -`� ?w�.. s I mc — �'-r > r r E l( 1 �� ane � sz9> ess � ilai55r /I em s< X 100 '� 36 37 ' 38 39 40 41 42 3 67- 50 L26 pp( r - „ ` , t � " {+ - ' - - .I �.. _ -- '„°°" PICAL LOT L L s t 58 5Z 56 55 54 ,53 2 A 50- 4948 47 '46 45 44 t 49 r 248 , 47 -246 ' 59 4 1 f1 + 200] n JOCO lx J -E 09J SF 1,,099 F 1 099 SF 1 2 8 5 2 BJ n 1 2.+8J 5 F 1 I 16y � P1I9 Ir 21>4.$ 2+JBS , r H]j6 R 9 � J { r , auzxET _. . SIRIICNRE �- F •. ^- °�'°"- '^ " JSaJ -n> H - ¢ ti 1. ALL BOUNDARY P AND TOPOGRAPHIC SURVEY 5-a •I I s e ` I k� SURWYI G, LTD. ROMDED BY THOMSON 27 M ( 0 c 4 2s _- �' - I �• OIL` I L %a 066 4, I 1 1 ( +;see 5 17sr 1l�Ji6 r 1 �Q g 2'] 29 23Q 2 SUBDINSION PUNNING DONE BY LANONSION Lx�.J_ 6..�LJ I _ { ee xaoos INC. L ase r IS --- 'P 3. FOR THE WT- NO ASSESSMENT, SEE • -__ --- r t � I 1�1 „T REPORT OAIW DECEMBER 3, 2004 BY s — r _ -� ep __ 9�t LE \-�< rwh1 '{ 14 , 136 s1J � 126 , 12 I ' r CHRISTOPHER B. BURKE ENGINEERING LTD. Oft Q lea o - L ski o f 1 Soo sF +l. v nm L Y --- ___ 4 CORPgS ESPI DATED 3 L� L _ ___ 4 w L • BYRIESTNCREPORCE E 1 REall SILNA(S-6 e9 AFfi SAILS EON. D / ( 1 Neas com smsiae.0.08 AC-Ff _ _ '- r _ - _ 4 6 i rj 23 AUGUST 30, 2004. . . n s ATON REO>ea AC-FT - 11 1r17�Ex 2 22 2 4 , r 2 , SrpUOE_9Be AC-Fix -' r r ` J19 yg9 d, 12.999 , 1 d6 SF , 2.900 5 L009 GIUMIL ED NML - 8]2!I + 1 ]650 Y Iv1J5o I 1 1JSO9Y 1a1 �2 ` t( _ _ FOR CUULTURALNEX150 STUDY, SEE THE E DATED MARCH 18. _ J L - _ X37 3` VV - N10ET BVAHUDDLESTONT-MC BRIDE COMPANY , n B. FOR I NARY RMWATER INFORMATION SEE I ! �J x,99 9F LJ L DARED ___ y ns°o _ -- --- CHRISTOPHER B BURKE ENGINEERING e .n • �i _ r _� r — —_ i r _ - - - 'L, > 1 .aA. LTD - :.;:., r I , ,• eao s I .646 s I ER zi�iooiAa caAaEORe 1 6 „il ! �.,' � ,at. . . ' r- •i 0 r 2Q5 , 2Q6 2Q7 I T. ALL SANITARY SDR- SHALL S 8- T SST ••• - 1 pnn Y ♦ese sF I!een 5v s 4, {/ d4 x,ms s ' 2m5 5 2m5 5 DIAMETER PRY SOR-28 UNLESS OTHERWISE � ` , >ws P ) R ' 11 � I�' NoreG ' I .. .. .� F 1 \ \ >✓' .— 25 snw Iz ell,' . +�__ J L _ __ IS ALL WATER MAIN SHALL BE a- DIAMETER DUCTILE IRON PIPE CLASS 52 UNLESS OTHERWISE NOTED. •. 1 E2 Y 8. ALL EXISTING DRAIN TILES EMOWI IBIS 5 a _ 1 1 t / Q3 2Q2 r r 2Q1 I , 2QQ TRENCHING. SHALL BE REMOVED BY SLIT T 450 SF +smss L L�,f 99x' , 100 : 101 1Q2 103 104 105 10 r 107 A +` l II vvY sozss amss TREr90HINC. x� �80 z os x.oae5 ` xa zbao s . xaoos x xs L99s � � 109 rsgn5gl Ls se _ �i xeo I U16� �Rld STf X66 NAT4£ PLANIIN S I l ale _ ` x r � _ __ --------- __ __ _ OPEN WATER J L _ _ __ •i _ JJYI % 178 � �, L J MIA 73 r 67 Iz96 / a �. r- 82 "IZ.aw. 1 e99 Y i .. 3. � -. _ . / PERMANENT SEEDING Uzi Y ° ` � � /t ' �s>a we G � :� 180 }{ 181 182 183 tE — r , � � sl 72 � 95 � P oo s z.00a s x a9a 1 63Y C m Ix.eoo E le a `_�' EROSION CONTROL BLANKET r r 94 -1` 1 f- — r —1 —1 1 Ip eez I / "'DIG n �cNiE°nsroRAae-ss.n Ac rr / f 84 .1. 6 J , t -T, m>J�.� . RE cauP.smucE 9x AFFT- / N .57 17 � .n ` �_ PP ° st3 (I(I INO avrsllE n r _� L ___ l ,t,• lsaoe , 1 ; / / s-� a BA IS _N GZ Opn Sp L 5 _ _ sn . . . ..... _ - AA i �rF i, C t / l r - 1 i EDTJiI""� zH T ' �/ � • • _ 09_ I i i i; ��••� �� aIXIIREL i' J f W * E 88 ; 9 s C. .—.__— __— & - S 20xa 555 , ]1 _ 0 100' 200' 300' a t , ♦ _. CLIENT : OSGN. JRM LRLE: PROJECT NO. OS.W58 Wt.HRISTOPHER B. BURKE ENGINEERING WEST, LTD. MARQUETTE LAND INVESTMENTS, LLC DAN. HAL DArE: osaaizoo> 16 West Main Street, Suite 201 463 BRIARGATE DRIVE RE„,EO,E„E„ „LEM„9E„,E R,R„e,,,N°.„�9�,�„NE„saTM°asa,.,„«, THE FIELDS AT WESTHAVEN Charles, Illinois 60174 SOUTH ELGIN ILLINOIS 60177 CMKD JCL sNEEr z GF S 30) 443-7755 (847) 289-3758 "L""`°°`"'"` PN061A1NEE11XG SCALE: F-100' ----DW. PRELIMINARY ENGINEERING PLAN DRAwINGND. EIIE NAME 06- PE1 NN.ff MIERS "M FUTURE IN1F%EC¶fX .r. �. wPR°MMEH15 m IMPRONLENrs TO p R1EE°NE ROAD 9 BAULNE ROID ,- rx a / f. R- u _ MIT- -. u IT 19 1 Y Pe � G >7._ ♦ t ; T < x s .A` i'r ntS1. r -I �f „i -1 "''I ' �l ° -e' I �, 4� 16 762 161 160 159 15 757 156 155 154 is 099 .OS R1WS , 2.3<OS 5 1181 $OJ fl 915 6 ]OJ ° �Y 'Fou Liou 5599 5599 551° S I IMF / 1 j 10 'yI ' A E i' A •:% � \ 9r ]�svaw^ aew '� a ^��^ `_ 03aBa,._ azrxs vP.�-a`_ .]s>rw r I yr � I L ---- f ---- riM \ � • 67 501 s ` 1' s-x1 "9V SoT 91r r v,.�r'� ��\\ \\ �\\�:\\]S•-��•\�-\; � F , ' mKK ATD . 99�` f 1 58 SE 5-1. T I 251 252 . . 5 7 5 In sP s_„ �`/) rl . n,� .r u-, a�El ate . rx.ORxx IT E,, IR-1 3 15309 152° t�'` T' I so sue��° _ „t R55 J; $�> 1 BB> 9i L J L J 'L,{ J L J L , L J J J J' L ,; r �': s - 9 NEW C. xEx ��«< �,.L<°`°MITERRAWN i 0 i 1 i 4L_ . 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FII£NAME: 0&985B�PE.OWG PE2 Z W Q = Z PRELIMINARY LANDSCAPE PLANS � g O, e e for a n .Ja w THE FIELDS A T J LL Z = W = a WESTIHA VEN YORKVILLE, ILLINOIS SURVEYOR 06=9858 PLANNER THOMSON SURVEYING, LTD. LANDVISION, INC. 9575 W. HIGGINS ROAD, SUITE 850 BENCHMARK 116 W. MAIN STREET, SUITE 208 ROSEMONT, ILLINOIS 60018 ST, CHARLES, ILLINOIS 60174 (847) 318-9790 SOURCE BENCHMARK: (630) 513-0757 ELEVATIONS BASED ON FEMA BENCHMARK NO. RM15: In A CHISELED SQUARE ON EAST UPSTREAM WINGWALL ON U.S. ROUTE 34 r Ull BRIDGE OVER BLACKBERRY CREEK Ip� ELEVnnoN=slo.79 NOTE: r) Et ON SITE BENCHMARK #1: IRON PIPE APPROXIMATELY 3' SOUTH OF THE EDGE OF PAVEMENT ON CHRISTOPHER S. BURKE ENGINEERING WEST, LTD.IS CALL J.U.L,LE. 1-800-892-0123 BASELINE ROAD APPROXIMATELY 75' EASTOF DRIVE FOR RESIDENCEAT TO BE NOTIFIED AT LEAST THREE (3) DAYS PRIOR TO C) WITH THE FOLLOWING: 43W904 BASELINE RD. STARTING CONSTRUCTION AND SHALL BE INCLUDED DEVELOPER � IN THE PRECONSTRUCTION MEETINGS COUNTY KENDALL COUNTY ELEVATION-687.37 CITY. TOWNSHIP THE UNITED CITY OF YORKVILLE, BRISTOL TOWNSHIP MARQUETTE LAND INVESTMENTS, LLC n SEC. & 114 SEC. No. NWI/4 SECTION 5 & E1/2 NEt/4 SECTION 6 ON SITE BENCHMARK #2: 463 BRIARGATE DRIVE - 47N, RANGE 7E IRON PIPE APPROXIMATELY M'' SOUTH OFTHE EDGE OF PAVEMENTON SOUTH ELGIN, ILLINOIS 60177 G C) 48 HOURS BEFORE YOU DIG. BASEUNE RD. 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MARQUETTE LAND INVESTMENTS, LLC OWN. LJT THE FIELDS AT WESTHAVEN LATE: oealagm 6 West Main Street, Suite 201 463 BRIARGATE DRIVE cNKO. JGL LANDSCAPE PLAN 6„EEr n LF n . Charles, Illinois 60174 SOUTH ELGIN, ILLINOIS 60177 3, DR WwGNQ.MUM PER MD THAN(847) 289-3758 DETAILS ANS SPECIFICATIONS $p2 FILENAME: OB-BBSBSG CWC Reviewed By: Agenda Item Number J2 T IV,J 1 Legal El - Finance ❑ EST. , 1836 Engineer ❑ Tracking Number W City Administrator ❑ Consultant ❑ PC 2007-33 <�E ��?♦ ❑ Agenda Item Summary Memo Title: Welles Property Meeting and Date: EDC /October 16, 2007 Synopsis: Request for Annexation Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report ciTy United City of Yorkville Memo J= a 0'0 800 Game Farm Road EST \ =r 1836 Yorkville, Illinois 60560 Telephone : 630-553 -8545 p ® p Fax: 630-553 -3436 <k.E Date: October 8, 2007 To: Economic Development Committee From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-33 Welles Property Annexation Request Background This property consists of approximately 232.5 acres at the northwest corner of Walker Road and Sleepy Hollow Road in Fox Township. The Annexation Plat is attached for reference. City Council will be considering annexation of this property on October 9, 2007. Assuming approval of this annexation, Zoning Ordinance 10-4-5 requires all land annexed into the City be classified as R-1 Residential. Although, the petitioner is not requesting a re-zoning from this classification, 10-4-5 does require the Plan Commission to conduct a public hearing and make findings and recommendations with respect to the appropriate zoning classification or classifications of the annexed land and transmit to the Mayor and City Council. The Plan Commission will be reviewing this request and making a recommendation at the October 10, 2007 meeting. Comprehensive Plan Recommendations: The Comprehensive Plan Land Use Plan does not encompass this property. The property to the north was annexed to the City in September 2006 and rezoned to A- 1 . The Comprehensive Plan Land Use Plan recommends Estate Neighborhood east of this property and a mixture of Industrial, Transitional Neighborhood and Estate Neighborhood northeast of the subject property based upon the planned Prairie Parkway alignment and future intersection with Route 71 . 1 Staff Comments• 1 . The existing use of the property is most similar to the uses permitted in the A-1 Agricultural District. 2. Estate District and Residential R-1 District zoning classification of the property could also be appropriate zoning which would allow for the continuation of the existing use of the property and be consistent with the future land uses recommended by the Comprehensive Land Use Map along the western edge of the planning area defined by the current Comprehensive Plan. 3. In the event a development plan is proposed for this property in the future, the zoning classification may need to be evaluated based on the proposed plan regardless of the zoning classification recommended at this time. Findings Necessary for a Zoning Amendment shall be based on the following : a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-76) 2 &.curds Map of Territo Artr%L*xed to THE ►JNffED CITY OF 'YO ILLS clI County, nos � � ena p Illinois , � � �� rt�axV r � rW�4'C vj Arm 0 EL � pp x ` fu s �§ � tn % c :22 23 J. 27 I r2i-- WAIXER 27 �M ROM 96 26 g5:� # C.. 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'.. lit I III / Municipal Bo ndaries 0 a x 0 d 1 The Data is provided without warranty or any representation of x United City of Yorkville GlS accuracy,timeliness,or completeness.It is the responsibility of the ^r\P Parcel Data and Aerial Photography "Requester"to determine accuracy,lhnaliness,completeness,and w- �1�, _ Provided 8 Kendall County GIS appropriateness oV„ts�use.The Wilted City of Yorkville makes no Y ,..a..,..ave a era,.r i-,.0>d m rha nsa onna nara. SST ESPAPKB I I I q Wy �ZB � ♦ SY V _ .0 It IJ ' I § q I la Subject Property (approximate I wro location) I I // 1 ym� N sD ` uwu utt ` FUTURE EMPLOYMENT HOMA OPPORTUNITY e AT 9 MILES TION OF WWAR ROAD O ESTATE NEIGHBORHOOD AT PRAIRIE OF MDHWAY 47 AND PRAIRIE PARKWAY SPECIAL STUDY AREA' ` SUBURBAN NEIGHBORHOOD ` TRANSITIONAL NEIGHBORHOOD ` URBAN NEIGHBORHOOD TRADITIONAL NEIGHBORHOOD C� NEIGHBORHOOD RETAIL _ COMMERCIAL INDUSTRIAL - OFFICE/RESEARCH/INDUSTRIAL 0 PUBLICIOUASkPUBLIC" - PARKIOPEN SPACE I� EXISTING ROADS D PROPOSED ROADS SCHOPPE DESIGA/:I S'SOCIATES Lmdxrnpc Al'diilrruo'r n..11, 1111"Im ig `,1 ED C/pr Reviewed By: Agenda Item Number J T Legal a i HC UV S -`7 Finance ESL 7836 ❑ 1 Engineer El Tracking Number < q City Administrator 09 I� .� F1� �0 Consultant ❑ PC 2007-19 'Fh<4 E �Vy` ❑ Agenda Item Summary Memo Title: B &P Properties Rezoning to PUD and PUD Agreement Request Meeting and Date: EDC/October 16, 2007 Synopsis: Request to amend approx. 14 acres from M-1 to PUD allowing for a residential development consisting of 24 duplex lots (48 units) Council Action Previously Taken: Date of Action: October 9,2007 Action Taken: Public Hearing Item Number: Type of Vote Required: Majority Council Action Requested: Approval PUD zoning and PUD Agreement Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report(dated October 11, 2007) and draft PUD Agreement dated September 7, 2007 � United City of Yorkville Memo 9 800 Game Farm Road EST 1 I _ T ; ; 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 0 Fax: 630-553-3436 NM33Cwfiy' ```I.�o <1,E Vo Date: October 11 , 2007 To: Economic Development Committee From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-22 B&P Property Rezoning (M-1 to PUD) and Restated Annexation Agreement Request Background: The Plan Commission reviewed this request July 11 , 2007 and recommended approval of rezoning to PUD subject to addressing staff comments. General Comments: - The rezoning request includes two adjacent parcels totaling of 14.325 acres and is currently zoned M-1 . - The request is for PUD zoning to allow for 24 duplex lots (48 residential units) and consistent with the Concept PUD Plan dated May 11 , 2007 and attached to the PUD Agreement as Exhibit C. - Caledonia Subdivision (Zoned R-2 PUD) is adjacent to the east of the subject properties. Westbury South Village Subdivision (Zoned R-2 PUD) is adjacent to the west and south of the subject properties Comprehensive Plan Recommendation: - The Comprehensive Plan Land Use Plan for the property recommends Transitional Neighborhood use for the area this property is within. The density recommendation for areas recommended for Transitional Neighborhood use is 2.25 — 3.5 units per acre. Staff Comments: 1 . The request for residential land use at a gross density of 3.53 units per acre is consistent with the Comprehensive Plan recommendation of Transitional Neighborhood. 2. The properties are currently adjacent on three sides to residentially zoned properties, therefore a request for residential zoning is a reasonable and appropriate request. 1 3. Staff requested the petitioner restate the annexation agreement to be a PUD Agreement. A draft agreement (dated September 7, 2007) has been submitted for consideration and staff recommends this draft be revised to include/address the following: a. RiEht-of-wav and Utility Easement Dedication - Staff recommended requesting a dedication of 40 feet right-of-way measured from the centerline of Corneils Road and a 15 feet utility easement in addition and adjacent to the 40 feet ROW. The proposed agreement includes the 40 feet % right-of-way but not the 15 feet utility easement requested. b. A provision should be added to the agreement requiring the right-of-way and utility easement (described in a. above) shall occur within 90 days of a written request of the City. This provision should state the city would pay for preparation of the legal documents and associated costs. c. A provision should be added to state the developer shall fund the full- width reconstruction of Comeils across their frontage, and also contribute the $2000/residential unit road fee. The proposed agreement includes providing % width construction for this frontage. d. A provision should be added to state the developer shall pay the County Road Fee per 2006 policy — $ 1 ,626 per residential unit. e. In Paragraph D — Insert the phrase "in accordance with the Yorkville Subdivision Control Ordinance" after the phrase "SUBJECT PROPERTY" in the second to last line. f In Paragraph H — Delete the phrase ", including the calling of special meetings," Findings Necessary for a Zoning Amendment shall be based on the following: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-76) 2 ---- = - y • B&P. roplrty LPPN ` 3"r c I l �� f f4NPPPrgp�pP 1655.0 1.dM' 5� \ v n�i uuorewxpop Ml.e 'w + I ll� -. �� uPn..n nopxnopxmP E ao Pzw _.._:: rlupugnni ne o-lepxrwpp : ao f..x I /"� �_ L- � m+nlenclPE iwse PPa ' ��`� � INWfIPIAI 1650 JE4 ' ,.. .-� Ke[EIE9f/.P�NQIIWSiP1A1. SSJO AOx r _ PUPIY.iPU S " IBSe 1]% P<PRVPENSPACE pPCE I.'3.V 16 EE � Q:IfSiINGPMPS - ® pRS'pSEp Ppaps pgM...111NNMG PPEA PONM\PV TrExlelllnigN 4PEP PEA - 1 1AW C III VH h I MA/,All s LVl' mrv..LF p eYnpPnree= pp1EN1 Rl IAEIRM 9 iE PII ruin.31u4, 1W 0': ® The United City Of Yorkville tl COMPREHENSIVE PLAN kLVSLD I I v o,ece,l z J 800 Game Farm Rh nl s YoNville,IL 60560 UNITED CITY OF YORKVILLE 630.5534350 » \ ~ 14 1 : . . . Viiiage : 2 . : . s • mw . \\�� . , - ©�+ � a . . . . . Revised September 7, 2007 STATE OF ILLINOIS ) COUNTY OF KENDALL ) AMENDED ANNEXATION AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE FOR B & P PROPERTIES, LLC AN ILLINOIS LIMITED LLABILITY COMPANY THIS AGREEMENT is made and entered into this day of 2007 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), B & P PROPERTIES, LLC AN ILLINOIS LIMITED LIABILdTY COMPANY, (hereinafter referred to as "OWNER"), of the County of Will, State of Illinois (hereinafter referred to as "DEVELOPER"). WITNESSETH WHEREAS, DEVELOPER is the CONTRACT PURCHASER of real property which is the subject matter of said Agreement comprising approximately 14.325 gross surveyed acres, more or less, and is more particularly described in the attached Exhibit "A", which is attached hereto and incorporated herein by reference and is hereinafter referenced as the "SUBJECT PROPERTY'; and WHEREAS, the subject real property is located within the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality, nor is any 1 i portion thereof classified as flood plain, and the Subject Property was previously annexed to the I United City of Yorkville under Document #200442; and I WHEREAS, DEVELOPER desires to re-zone the SUBJECT PROPERTY described in Exhibit "A" as a Planned unit Development, permitting the development of the SUBJECT PROPERTY for R-3 General Residence District PUD uses as set out in Exhibit "B" attached hereto and incorporated herein by reference; and WHEREAS, DEVELOPER is desirous of developing the property with a duplex product in general terms pursuant to the Plan in Exhibit "C" attached hereto and incorporated herein by reference and which is entitled "Preliminary PUD Concept Plan" as prepared by Schoppe Design and dated May 11, 2007; and WHEREAS the CITY and its Plan Commission has considered the Petition to Re-Zone the SUBJECT PROPERTY, and the Plan Commission recommended said rezoning so long as DEVELOPER agrees to develop the PROPERTY as a Planned Unit Development and in general conformity with the proposed duplex development shown in the Preliminary PUD Concept Plan attached hereto and incorporated herein as Exhibit "C", and the CITY Council has heretofore approved the proposed land use and the zoning of the same at the request of DEVELOPER for R-3 PUD General Residence District ; and WHEREAS, DEVELOPER has presented, and the CITY has considered, the Preliminary PUD Concept Plan for the SUBJECT PROPERTY herein described in the attached Exhibit `B" as R-3 General Residence District and to be in compliance with the CITY COMPREHENSIVE PLAN and the contemplated development of which will be a desirable addition to the CITY; and 2 i WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions j i upon which the land heretofore described will be zoned and developed in the CITY in an orderly manner; and WHEREAS, OWNER and DEVELOPER and their representatives have held a Public i Hearing on July 11 , 2007 in front of the CITY Plan Commission and in front of the CITY Council on September 28, 2007, and prior to the execution of this AGREEMENT; all of said Public Hearing Notices, were duly published and public hearings were held to consider this AGREEMENT, as required by the statutes of the State of Illinois in such case made and provided; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15. 1-1 through 51. 1-5, inclusive, relating to Annexation/Planned Unit Development Agreements, the parties hereto wish to enter into a binding agreement with respect to the future zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the development of the SUBJECT PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Amendment / Planned Unit Development Agreement by the CITY. —3— i i i NOW THEREFORE, for and in consideration of the mutual promises and covenants i herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111 - 15. 1 -1 through 65 ILCS 5111-15.1-5, as amended, as follows: A. ZONING. The CITY shall adopt an ordinance re-zoning the SUBJECT PROPERTY described herein in the attached Exhibit "A"; subject to the further terms of this Agreement as a Planned Unit Development, permitting the land uses set out as R-3 PUD General Residence District in Exhibit `B" attached hereto and incorporated herein by reference. The granted zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth in the R-3 PUD General Residence District, (i) That the SUBJECT PROPERTY shall be developed in substantial conformance with the attached Preliminary PUD Concept Plan, which is incorporated herein and made a part hereof by reference as Exhibit "C", as prepared and dated May 11, 2007. However re-orientation of building foot prints or internal roadway or drive locations within the CITY Platting process shall be considered minor modifications that will not require further public hearing. (ii) That in all respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances except to the extent modified herein. (iii) DEVELOPER shall be required to dedicate Forty (40') Feet south from the Center Line of Comeils Road for roadway improvements purposes, and they contribute -4- i i by way of City Roadway Impact Fee for improvement of roadway adjacent to the subject property pursuant to Ordinance calculations. j B. The DEVELOPER, and its successors, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan together with Preliminary Plat, Preliminary Engineering, Final Plat and Final Engineering shall be submitted and approved by the CITY Council of the United CITY of Yorkville, as well as DEVELOPER complying with the CITY Preliminary and Final Platting process without further public hearing. C. Te Applicant for Building Permits shall pay CITY and School District Transition Fees as well as all other fees required by the CITY pursuant to all Ordinances at the time of application. D. DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the CITY water and Sanitary Sewer System at the time of improving the SUBJECT PROPERTY, and shall be responsible for main extensions to the SUBJECT PROPERTY if said mains do not touch the SUBJECT PROPERTY. E. Recapture Agreement for Road and Signalization Improvement Agreement and Ordinance apportioning the cost and payment responsibilities of DEVELOPER and any benefiting adjacent properties for the cost of said improvements as well as apportioning the cost thereof between DEVELOPER, the CITY, and the Illinois Department of Transportation for Route 47 and Corneils Road signalization, shall be negotiated between DEVELOPER and the CITY prior to the CITY recording the first Final Plat of Subdivision. F. DEVELOPER shall be required to improve one-half(112) of Comeils Road adjacent to its frontage at the time of development. —5— i i G. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER and DEVELOPER and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the SUBJECT PROPERTY and the improvements thereon to other persons, trusts, partnerships, fines, or corporations, for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges, including, but not limited to, economic incentives, and shall have the same obligations as OWNER and DEVELOPER under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. H. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. I. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in -6- office, and is enforceable by order of the court pursuant to its provisions and the applicable I statutes of the State of Illinois. j J. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and OWNERS of record j i of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. No Covenant or Agreement shall become binding on OWNER or DEVELOPER until DEVELOPER hereunder has closed the purchase of the SUBJECT PROPERTY by DEVELOPER from OWNER. K. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Michael Roth, City Attorney 800 Game Fame Road Yorkville, IL 60560 To DEVELOPER: B & P Properties, LLC 632 Rock Spring Road Naperville, IL 60565 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party may from time to time designate in a written notice to the other parties. -7- i i L. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to j secure the performance of the covenants herein contained. hi the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. M. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _ day of 02007. UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Attest: CITY Clerk Dated: -8- I DEVELOP : B do P Prop ies, LLC j By: Attest: Dated: 10 i i Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 _g_ i i EXHIBIT LIST Exhibit W Legal Description i Exhibit `B" R-3 Zoning Ordinance Exhibit "C" Preliminary PUD Concept Plan —10— • • , • III . . • 11 � �1 !!pMilkll�pul- I;uCIm�I'11116V�1u1;'I,"IIN! M „� Iilplly �� , Ir �•�!`\%�► till) �1► ,� / Illllllil!Il �q !I1rA�'llll Iggl� ��IIII��I o III�ur ee 1 � ► � UI�Ih I � � r �ipl� may, III —I. �� IIFIIII�I VIII � �� ` ► � ._�. . r 1 _'ill I I,llhin a= Ill �I�rli NO, �.VJy I. � II!• �, � il�l!I�' Illloulm� � h, PREPARED CONCEPT . _SCHOPPEDESIGNASSOCIATES, INC HA WKEYE PARTNERS LLC 637 ROCK SPRMGS RD, 25' 11 Landscape Architecture andLand Planning NAPERVILLE, IL 60565 0, 50, Gmphic Scale NoM C/r` Reviewed By: Agenda Item Number O Legal El n Fi aal ❑ �EW � :tiESS EST. , -_- 1896 Engineer El- — Tracking Number Q F-1 q City Administrator Consultant ❑ PC 2007-19 Agenda Item Summary Memo Title: Briguglio Annexation and Annexation Agreement Meeting and Date: EDC/October 16, 2007 Synopsis: Request to annex 1.1 acre parcel located at 10940 River Road Council Action Previously Taken: Date of Action: October 9, 2007 Action Taken: Public Hearing Item Number: Type of Vote Required: Majority Council Action Requested: Approval of Annexation and Annexation Agreement Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report(dated October 11, 2007) and draft Annexation Agreement dated September 7, 2007 CITY � A 0 United City of Yorkville Memo Am "' 800 Game Farm Road EST 4 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-8545 09 �� p Fax: 630-553-3436 <CE Date: October 11 , 2007 To: Economic Development Committee From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-19 Brigugho Annexation Request Backeround: - The Plan Commission reviewed this request July 11 , 2007 and recommended approval with a vote 6 yes and 0 no. General Comments: - The property is contiguous to the City via the Fox River — it is directly north of corporate area south of the River. Comprehensive Plan Recommendations: The Comprehensive Plan Land Use Plan for the property recommends Park/Open space for the area this property is within. Generally south of River Road is recommended for Park/Open Space and north of River Road in this area is recommended for Estate Neighborhood land use. Staff Comments: 1 . Annexation of this property will result in R-1 Zoning — the petitioner is not requesting a rezoning. 2. This property is located about 300 feet east of the Conover/Fisher property, of which the northern portion is currently being developed by Rush-Copley. During the Rush-Copley plan approval process, staff attempted to determine a route for their stormwater discharge to the Fox River, however this is currently on hold due to the phase 1 construction of the site being able to manage stormwater with a zero release design. Phase 2 will necessitate an outfall however and the lots in Myers subdivision are a possible route for this outfall. Staff recommends requiring the petitioner grant the following easements as part of the Annexation Agreement: a. A 15 feet wide permanent stormwater easement parallel to the east property line; The proposed Annexation Agreement provides for 10'. 1 b. A 50 feet wide temporary construction easement parallel to the east property line to allow for construction of a stormwater conveyance pipe from the River Road right-of-way to the Fox River. The proposed Annexation Agreement provides for 20 additional feet (total of 30). 3 . The Annexation Agreement includes provisions for future watermain and sanitary sewer easements be granted to the City in the event this infrastructure is extended across this property provided the City agree to prepare all necessary legal descriptions when these easements are created. 2 I I � i 5 1 Brigu { �_ 1 1 PEN.uL \ _ -� a 1 '- e4mrE PEwrmouwop ., u.w jl '1,.%'i rl _ wRw,fnn lwaRwewop Ssan xf% ; 1PPN511101NLIIEb16p11RW0 410 rApY �� .LPY ^' 1 I iy __. I n11 NElONRGRH000 ]10 4➢% 3 �. rupuaxu neaRepulppp xuuw .n% nIWfERInL ._. .'aaaaa CRILEIRESEMCWp1W41PIRL N00 l0% ' _ % WBVCVWONAYRLIC- IW9 19% IMISYIIlO PC605 ® pPoXp4EpppRM - PRMp4E0P4RW11Np gREf eOYNMM - - I SELf C=iEAIAINPtIYx MpA pER S'l'HOPYIi!]fi51G,Y ASfUt'lAi7:'.\'/,Y(. � Yaxru.e.p4wLapepuxwRrnaREegsln- - WIE.pMt IIEIM fRE l..N+n y.-ln'l�nn.:n..,NI mJYI.mm:a iOE>LfIV0YgR4 1C,NYp rW OT N)The United City Of Yorkville s m E=ER 1 ' RE d3EPYEM8ER 10.2W2 600 Game Fan Rtl. COMPREHENSIVE PLAN aEVlsso saw Yorkville,IL 60560 UNITED CITY OF YORKVILLE ,. L.. 630553,4350 iwlN s Z t=.1CJrIC] 1 CD RUS�'1'COple)f —_ _ _ ¢' OGL'rom Do 1i U(3 9 o ti it ❑ D C� g Clor•7h(90 c1p J c• O e 0 a pro•o io B U XCA - ,rr. S@ 0 mwac�ra�° o n °•�ooG as aa�non �� f-r u �'q7[) 0 6156 C1+? o, r I f P F � II f' t n • r , x---a. -• \�ucln0 n u 4 t.i o � 3 0 o l :0 tl C w t!j United Cl of Yorkv le GIS The Datampross,o completeness.I or the ft w p City accuracy,tlmelineas,or<ompletenesa.It is tha responalbllity of the "�,Xp`p;,r� Parcel Data and Aerial Photography "Requester^to determine accuracy,umailnasa,completeness,and T a Provided 9y Kendall County GIS appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. Revised September 7, 2007 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE CHARLES BRIGUGLIO AND JACQUELYN BRIGUGLIO THIS AGREEMENT is made and entered into this _ day of 12007 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY', and CHARLES BRIGUGLIO AND JACQUELYN BRIGUGLIO (hereinafter referred to as "OWNERS/DEVELOPERS") of the County of Kendall, State of Illinois. WITNESSETH WHEREAS, OWNERS/DEVELOPERS are the owners of real property which is the subject matter of said Agreement comprising approximately 1 .1 acres, more or less, and is more particularly described in the attached Exhibit "A ', which is incorporated herein by reference; and WHEREAS, the SUBJECT REAL PROPERTY is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and WHEREAS, OWNERS/DEVELOPERS desire to annex the said real property described into the CITY, its Plan Commission has considered the Petition to Annex, and the CITY Council 1 i i has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNERS/DEVELOPERS and the CITY; and i WHEREAS, OWNERS/DEVELOPERS have presented, and the CITY has considered, the tract, of REAL PROPERTY herein described in the attached Exhibit "A" as R-1 One Family Residence District in order to make said real property a desirable addition to the CITY; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the REAL PROPERTY heretofore described will be annexed to the CITY in an orderly manner, and WHEREAS, OWNERS/DEVELOPERS and their representatives have discussed the proposed annexation and have held Public Hearings with the Plan Commission and the CITY Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15. 1-1 through 51 . 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 subject Property and to provide for various other matters related directly or indirectly to the annexation, zoning, and development of the SUBJECT PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have and 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 2 relating to the procedure for the authorization, approval and execution of this Annexation agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111- 15. 1-1 through 65 ILCS 5/11-15.1-5, as amended, as follows: 1 . A. ANNEXATION AND ZONIN G. The CITY shall adopt an ordinance annexing to the CITY all of the REAL PROPERTY described herein in the attached Exhibit "A"; and the CITY in said ordinance shall zone the real property designated in the attached Exhibit "A" subject to the further terms of this Agreement as R-1 One Family Residence District. The CITY by approve of this Agreement hereby amends its Comprehensive Plan as to the subject property to show the same as a R-1 One Family Residence District Use on the Comprehensive Plan and on the City Zoning Map for the subject parcel described in the attached Exhibit "A". Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on for the R-1 One Family Residence District. Said REAL PROPERTY shall be used and developed in accordance with 65 ILCS 5/11-15.1-1 through 65 ILCS 5111-15. 1-5, and in accordance with the CITY Subdivision Control and Zoning Ordinances and specifically subject to the following conditions: (i) That the SUBJECT PROPERTY described in the attached Exhibit "A" shall be annexed to the United CITY of Yorkville by separate Ordinance, in compliance with Illinois Compiled Statutes and shall be zoned R-1 One Family Residence District Zoning. -3- (iii) OWNERS/DEVELOPERS and the CTfY agree that OWNERS/DEVELOPERS shall be permitted to conduct the uses on the subject property that are excerpted from the United CITY of Yorkville Zoning Classification for R-1 One Family Residence District, as they exist at the time of execution of this Agreement and any similar permitted uses within those Districts that the CITY may create in the fixture; although OWNERS/DEVLOPERS agree that they shall not be permitted to conduct on site any permitted uses which have been omitted from the current United CITY of Yorkville Zoning Ordinances as are in effect as of the date of the approval of this Agreement by the United CITY of Yorkville. (iv) That in all other respects, the subj ect development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances. 2. CITY'S AGREEMENTS. OWNERS/DEVELOPERS have developed the subject parcel with septic system and private well. (A) OWNERS/DEVELOPERS further agree to grant and easement to the United City of Yorkville for purposes of extending a water main and if necessary to service the subject or adjoining properties, to install at CITY expense a Booster/Pressure Reducing Station on the property of OWNERS/DEVELOPERS within Sixty (60) days of a written request of the CITY to execute said easement, so long as the CITY provides a Plat of Easement and Legal description of the same. Said easement shall be Iocated in an area of the subject real property so as not to interfere with the orderly development and use of the property by OWNER or its -4- i ! assigns. The cost of said easement including documents, legal review, and recording would be at CITY expense. (B) OWNERS/DEVELOPERS further agree to grant an easement to the United City of Yorkville for purposes of extending a sanitary-sewer main adjacent to River Road, { and if necessary to service the subject or adjoining properties, to install at CITY expense a { I sanitary-sewer main on the property of OWNERS/DEVELOPERS within Sixty (60) days of a i written request of the CITY to execute said easement, so long as the CITY provides a Plat of Easement and Legal description of the same. Said easement shall be located in an area of the subject real property so as not to interfere with the orderly development and use of the property i by OWNERS or their assigns. The cost of said easement including documents, legal review, and i recording would be at CITY expense. (C) Grant and easement to the United City of Yorkville for the extension of a i storm water easement from River Road within ten feet (10') of the property line of OWNERS/DEVELOPERS to the Fox River for storm water outlet purposes. In the event CITY requests such an easement in writing, the CITY shall prepare a Plat of Easement and legal description for approval by OWNERS/DEVELOPERS. The CITY may in addition request a temporary work easement of a larger area not to exceed twenty (20) additional feet to extend said storm sewer line. In the event the CITY does choose to install a stone sewer line, it shall allow OWNERS/DEVELOPERS' home and improvements to be connected thereon at no cost, and the CITY shall repair and restore any trees disturbed or landscaping with an approved Landscape Plan by the City Council so as not to in any fashion diminish the value of said residence. -5- i i D. Upon annexation, the Owner will receive police protection, 911 Service, i and all services as provided by CITY to its property owners and residents. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNERS/DEVELOPERS and their successors and assigns shall have the right to sell transfer, mortgage and assign all or any part of the SUBJECT I PROPERTY and the improvements thereon to other persons, trusts, partnerships, firms, or corporations, for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNERS/DEVELOPERS under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNERSMEVELOPERS on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. 4. TIlAE OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 5. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and —6— i is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. i 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding I i upon and inure to the benefit of the parties hereto, and their successors and owners of record of i land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal i authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. 71 NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified I mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: CITY Clerk United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 With a copy to: Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 To OWNERS: Charles & Jacquelyn Briguglio 10940 River Road Plano, IL 60545 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. -7- i 8. ENFORCEABILITY. This Agreement shall be enforceable in any court of i i competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 9. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of 2007. UNITED CITY OF YORKVILLE By: Valerie Bard, Mayor Attest: CITY Clerk OWNERSIDEVELOPERS: By: 6: " Attest: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —s- Reviewed By: Agenda Item Number 2 r p J s � T Legal El esr. 1836 Finance ❑ 1 — Engineer ❑ p �� y City Administrator F1 Tracking Number 9 �O Consultant ❑❑ EDC 2007-42 <GE Agenda Item Summary Memo Title: Hudson Lakes Subdivision—Final Subdivision Plat Extension Request Meeting and Date: EDC—October 16, 2007 Synopsis: Hudson Lakes counsel is requesting a time extension on the Preliminary Subdivision Plan approval May 9, 2006 and Unit 1 Final Plat approval December 26, 2006 to allow both approvals to remain effective unit July 1,2010. Council Action Previously Taken: Date of Action: December 26,2006 Action Taken: Final Plat Approval for Unit 1 Item Number: Resolution 2006-119 Type of Vote Required: Council Action Requested: Approval of time extension Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Subdivision Control Ordinance Section 5.02.05 states a Preliminary Plan approval is tentative only and requires a final plat to be recorded within 12 months of Preliminary Plan approval unless an extension is approved by City Council. Attached is the request by James Olguin,counsel for Hudson Lakes Subdivision Goldstine , Skrodzki , Russian , Nemec and Hoff, Ltd . Attorneys at Law William M. Brennan William H. Hrabak, Jr. Thomas P. Russian Kristina E. Buchenauer Jennifer LoGiudice Richard J. Skrodzki The Prairie Building Paul R. Buikema Gina L. Madden Sara L. Spitler Gregory J. Constantino Craig T. Martin Gwendolyn J. Sterk 835 McClintock Drive • Second Floor John F. Dixon Martha K. Milia*** Alison J. Wetzel Burr Ridge, 11160527-0860 Gregory L. Dose** Kenneth J. Nemec, Jr. Eric R. Wilen*** Telephone (630) 655-6000 Brian M. Dougherty Richard J. Nogal Robert D. Goldstine James E. Olguin *Also Admitted in Indiana Facsimile (630) 655-9808 James D. Healy Diana K. Pecen **Also Admitted in California www.gsrnh.com Howard M. Hoff Donald S. Rothschild ***Also Admitted in Michigan October 1 , 2007 Mr. Travis Miller Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Hudson Lakes Subdivision Conveyance of School District Property Dear Mr. Miller: As you may recall, I am the attorney for Kendall Creek Development, LLC, the developer of the Hudson Lakes Subdivision. Hudson Lakes is located South of the Raintree Village Subdivision and West of the Prestwick of Yorkville Subdivision near the intersection of Route 126 and Ashley Road. The development process for Hudson Lakes was not a controversial one as it was not processed as a PUD and no variations were requested. As part of the development approvals, Kendall Creek agreed to convey approximately 10 acres of property to the School District immediately adjacent to the school site in the Raintree Village Subdivision. This parcel is part of the final plat for Unit I of the Hudson Lakes Subdivision that was approved earlier this year. Unfortunately, due to the existing market conditions, Kendall Creek is not in a position to record the final plat for Unit I or secure final plat approval for the remaining portion of the subdivision at this time. Consequently, the conveyance of the propertyto the School District has not occurred. Nevertheless, Kendall Creek has provided the School District with a number of agreements that allow the District to use the property for its proposed purposes. Although the School District has allowed the use of the property, formal ownership is what the District would prefer. We agree and desire to complete the conveyance as soon as possible. Unfortunately, in order to convey the property, we will require lender approval. As I am sure you can understand, the lender is cautious about conveying part of its collateral. In order to counteract any diminution of value concerns, we are requesting that the final plat approvals for Unit I, and the preliminary plat approvals for the Hudson Lakes Subdivision in general, be extended until July 1 , 2010. By doing so, the appraised value of the approved development would be higher than the Mr. Travis Miller October 1 , 2007 Page Two vacant land value. This increased appraised value provides us with the best opportunity to obtain the lender's approval of the conveyance. For these reasons, we respectfully ask that you forward this request to the City Council for consideration. Should you have any questions or need any additional information or documentation, please do not hesitate to call. Very ours, es lguW` 7E0/mad 346081.1 `QED C/T y Reviewed By: Agenda Item Number Legal El Finance EST? '.fl�� Finance Fl Ott S f�1 E5S 1 Engineer ❑ L y City Administrator ❑ Tracking Number 9 �O Consultant ❑ EDC 2007-43 <GE \V�� ❑ Agenda Item Summary Memo Title: Grande Reserve(Unit 17, 18 and 19)—Final Subdivision Plat Extension Request Meeting and Date: EDC—October 16,2007 Synopsis: Pasquinelli is requesting a time extension on the Preliminary Subdivision Plan approval for Units 17, 18 and 19 to allow approval to remain effective for the maximum time period allowable. Council Action Previously Taken: Date of Action: July 11,2006(917) Action Taken: Preliminary/Final Plat Approval June 13,2006(418 and#19) Item Number: Resolutions 2006-59(#17),2006-45(#18)and 2006-46(09) Type of Vote Required: Council Action Requested: Approval of time extension Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Subdivision Control Ordinance Section 5.02.05 states a Preliminary Plan approval is tentative only and requires a final plat to be recorded within 12 months of Preliminary Plan approval unless an extension is approved by City Council. Petitioner is requesting maximum time extension allowable—staff recommends being consistent with all requests and advises not extending beyond 12 months of the request. `�(pD C/r` Reviewed By: Agenda Item Number O _0 Le Legal O -e al ❑ Esc , � teas Finance ❑ Engineer ❑ Tracking Number p �I Gl City Administrator ❑ 9 �O Consultant El EDC 2007-45 ❑ <LE Agenda Item Summary Memo Title: Proposed Economic Development Committee 2008 Meeting Schedule Meeting and Date: EDC - October 16, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval by Committee Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: See attached memo. e0C�eo,,Dc ITY '? 0� Memorandum EST _\ - 1836 To: Economic Development Committee e ` From: Meghan Gehr, Administrative Assistant ® �® p CC: `ya>� Date: October 10, 2007 LE Subject: 2008 Meeting Schedule The Clerk's Office is in the process of publishing the City's master meeting list for 2008. Listed below is a tentative schedule for the Economic Development Committee meetings for 2008. Note that the December meeting is scheduled for the 2"d Tuesday of December. This was done so that the COW and City Council meetings could be held on the 3rd Tuesday of December and any meetings during Christmas week could be avoided. Please discuss this schedule at the October 16, 2007 EDC meeting and let me know at your earliest convenience if these dates meet with your approval. Economic Development Committee 3`d Tuesda — 7:00 pm January 15 July 15 February 19 August 19 March 18 September 16 Aril 15 October 21 May 20 November 18 June 17 December 9* (2" Tuesday) Thank you!