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Economic Development Packet 2007 08-21-07 k ® United City of Yorkville 800 Game Farm Road EST. :: ._. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 rr Fax: 630-553-7575 , ,; `2p <CE lea. AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, August 21, 2007 7:00 p.m. City Hall Council Chambers Presentation: None Minutes for Correction/Approval: July 31 , 2007 New Business : 1 . EDC 2007-32 Monthly Building Permit Report for July 2007 2. EDC 2007-33 Monthly Plan Commission Report for August 2007 3 . EDC 2007-34 Bank Moratorium Discussion Old Business: 1 . PC 2007-24 Kalant Development — Rezoning 2. PC 2007- 15 Grande Reserve Unit 28 — Preliminary Plan 3 . EDC 2007-30 Tuscan Plaza — Redevelopment Agreement Amendment — Developer Note Provision Additional Business: UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, August 21, 2007 7:00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: 1 . None --------------- ----------- ------ ----------------------------------------------------------- - --------------------- NEW BUSINESS: --------------------.-------...---------------------------------------------------------------------------------------------- -------- 1 . EDC 2007-32 Monthly Building Permit Report for July 2007 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other - ---------------------- - ------- - -------------------- 2. EDC 2007-33 Monthly Plan Commission Report for August 2007 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 3 . EDC 2007-34 Bank Moratorium Discussion ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1 . EDC 2007-24 Kalant Development — Rezoning ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ------------------------- -------- --------- .......-------------------------- - - ---------------- 2. EDC 2007- 15 Grande Reserve Unit 28 — Preliminary Plan ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 3 . EDC 2007-30 Tuscan Plaza — Redevelopment Agreement Amendment — Developer Note Provision ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- United City of Yorkville DRAFT 800 Game Farm Road Yorkville, IL 60560 Special Economic Development Committee Meeting Tuesday, July 31St, 2007 7 : 00 p.m. City hall Council Chambers In Attendance: Guests: Gary Golinski - Alderman Joe Plocher — Alderman Jason Leslie — Alderman Katie Cunningham Joe Besco — Alderman Paul Bertie Bart Olson — Assistant City Richard Hayes Administrator Tony Graff Travis Miller - Community Ed LeCompte Development Director Sergeant Hilt Dan Kramer — Attorney Todd Milliron Meeting Called to Order: By Jason Leslie at 7:00 p.m. Presentation: None New Business: 1. EDC 2007-24 Monthly Building Permit Report for June 2007 Alderman Jason Leslie requests a brief rundown of where we are this year versus projected and as compared to last year. Bart Olson states that last year as of June 30th we were at five hundred and as of June 30th we were at two hundred thirty-three. Mr. Olson explains we're seeing roughly about a 50% decline in housing and we did budget for at least 800 permits. He explains that if the housing market tams around the budget may not be affected. If we're not getting in new housing we won't be making capital purchases that are generated by new housing such as tools, police cars, public works, trucks, etc. We don't need fees because there is no demand. 2. EDC 2007-25 Monthly Plan Commission Report for July 2007 Travis Miller states that this is a new agenda item and so far it's been easy to get out. Mr. Miller asks the Board if there are additional notes they'd like in the report to ask him. Alderman Joe Besco wants any issues brought up by the Plan Commission to be listed on the plan commission report. 1 3. PC 2007-16 Yorkville Crossing Unit 1 (Wal-Mart) — Final Plat Travis Miller summarizes staff comments and states that Crimson Lane right-of-way dedication is included on this final plat and that improvements will be completed in phases. The first phase will be the segment from Countryside Parkway to the Prairie Pointe Subdivision access point. Engineering plans have been submitted states Miller. The Final Plat was approved August 22, 2006 states Miller. He also notes that the plat itself will be revised and the next step will be to have it approved at the COW meeting. Alderman Leslie wants to know about green practices being used in this project. Richard Hayes representing Wal-Mart states that the building has 14 to 15 energy features built in. For example the roof is white to reflect light for energy and the 220 skylights are 5' x 6' and have been added to bring in light. There are florescent fixtures that allow lights inside to dim. The lights inside will be on sensors so they will go off when enough light is coming in through the roof. Speaker also notes that the total program saves enough power to power 50 thousand homes. Alderman Leslie brings up the concern over the asphalt and the water draining issue. Travis Miller states that the water will be drained into an infiltration basin which allows the water to drain and it becomes filtered before it gets to the retention basin. Mr. Hayes states that there will be a plastic pipe being used that will be able to discharge the water underground through the groundwater. Alderman Besco wants to know what makes this Wal-Mart different. Mr. Hayes explained that this Wal-Mart is unique not only in its design but that it is the only one of its kind in Illinois. This super center has a full grocery. It has three entrances one for the garden center, one general and one for the grocery center. There is an outdoor pick up area and this is a new feature for Wal-Mart. There is a drive through pharmacy similar to Walgreen's. Guest speaker goes onto state that there are three different types of facing with three different colors. Those colors being: a reddish color, a brown color and a cream color. Also at each entry are vestibules that project out 20 feet from the building. The super center is 600 feet long in the front. Paul Bertie with Wal-Mart states that Wal-Mart now wants each store to be different. He states that each community will get its own layout that is personalized for them. Alderman Golinski wants to know when the preliminary construction is scheduled for. Mr. Bertie states that Wal-Mart is to get all their permits in hand before they start building and right now they are waiting on the a permit from IDOT. Alderman Leslie would like to look at recommendations for the board going forward upon staff approvals and for the extension for approval. 2 The members of the committee present unanimously agreed to move this on to the August 14, 2007 Committee of the Whole. 4. PC 2007-22 B & P Rezoning Attorney Dan Kramer, states that this is a final bid on the 14 acres parcels located just south of Corneils Road. It was originally annexed to the City as part of the Mike and Tami Rosenwinkel property back when the City wanted owners to join the City and annex voluntarily. This property is actually two parcels; one owned by the Moose Lodge and the other by Morrelli. These owners would like to amend the zoning to an R-21), a duplex development. This is a concept plan with a series of comments made by plan council made with recommendations. Mr. Kramer asks for positive recommendations for the City Council for the changes it's self. Alderman Jason Leslie asks about the adjacent property and Kramer states that it is Caledonia Subdivision which is an R-2 zoning from Inland that has smaller lots. Mr. Kramer also states that Travis Miller asked for a PUD on this and the petitioner agreed to that. Miller states that the plan commissioner wants PUD for the R-2 duplex. Another item Miller brings up is the staff report listed a set plan that could dedicate right away and those things required would include: 40 feet dedicated, updated fee schedule, and architectural standards. Alderman Leslie states these are things we are looking at and the flow seems good as far as Caledonia is concerned. Leslie asks to move forward on staff recommendations. Miller states that with the PUD agreement it will require a public hearing. Kramer states that it really is a modification of the existing annexation agreement that would need to be brought before the City Council. 5. PC 2007-24 Kalant Development — Rezoning Travis Miller states that the petitioner is not present however the plan commissioner granted approval in a public hearing on July 11 , 2007. The property is located on the northwest corner or RT 47 and Center Street. The property is located north of the town square park and the petitioner is requesting for rezoning the one parcel from an R-2 to B-2. Miller states that the petitioner wants to use the existing structure for office use and touches on the comprehensive plan recommendations. Miller states that the plan for the property recommends traditional neighborhood. They want to keep the small town charm and allow for retail to occur. Miller states that the plans are to be reviewed. Alderman Jason Leslie is concerned about getting in and out of the property parking. He states that there was just an ordinance passed that there will no longer be any left turns off of Hydraulic and River Roads onto RT 47. Leslie states that turning north bound onto 47 will be difficult and to bear in mind this is a concern. 3 Alderman Plocher said that there has been a talk in the neighborhood that they' d like to see business go all the way around the park. The vision was that the corridor of 47 be moved to downtown. Alderman Besco is concerned about what type of businesses will go in there and if the parking for the operation of the businesses will interfere with what is going on in the park at various times. Alderman Leslie would like to keep the City beautiful and doesn't understand the motivation behind purchasing this property and he wants to know where we go from here. Mr. Miller states that the petitioner is offering onsite parking. He will share the Boards concerns with the petitioner and he'll draft up a review for a public hearing. Mr. Miller states he will also bring up the aldermen's concerns including the right turn in and right turn out onto 47. Alderman Leslie also brings up the fact that Route 47 will need to be expanded one day and asks if businesses are being built to keep this in mind. 6. PC 2007-19 Briguglio — Lot 2 Meyer 's Subdivision — Annexation Attorney Dan Kramer explains that this request is for one lot county single family home. The lot is 45,000 square feet located just south of River Road on the North side of the river. Mr. Kramer stated that people talked to him and they wanted it annexed into the City. Alderman Jason Leslie said he was comfortable on the staff comments. Travis Miller states that this will require a public hearing. Mr. Olson said they will hold a public hearing at the end of August. 7. PC 2007-15 Grande Reserve Unit 28- Preliminary Plan Travis Miller states this item will be continued and notes that Pasquinelli Homes wants to move forward. Mr. Miller notes that they've made improvements and they have the same number of units. They have garages now instead of parking lots. Alderman Jason Leslie wants the petitioner to go ahead with this and no action taken. 8. EDC 2007-26 Rt. 34/Sycammore Road Temporary Traffic Signal — Letter of Understanding Mr. Tony Graff states that the particulars have been worked out. They are getting an answer from Greg at IDOT and they have 90 days to submit. Mr. Graff states that they requested a credit on the road fee and that went for the business reimbursement if business is established. Graff explains it is all contingent on Councils okay. Graff explains they'd like to front fund if the City Council agrees. Alderman Jason Leslie wants to know if we may go over budget and Graff explains they might not qualify for reimbursement. 4 Alderman Leslie wants to take this to COW on August 14, 2007 and the decision was unanimously approved by voice vote to take to the COW. 9. EDC 2007-29 Population Projection and Residential Development Key Bart Olson explains that this is information only and no action needs to be taken. 10. EDC 2007-30 Tuscan Plaza — Redevelopment Agreement Amendment — Developer Note Information Travis Miller states that this redevelopment agreement was approved this year on May 8`h. Miller explains that this Tuscan Plaza has requested the City prepare a Developer Note in order to provide evidence of financial commitment as part of the current redevelopment agreement. Due to the location of this project being significant to the redevelopment of the City's downtown, the City agreed to reimburse the developer an amount not to exceed $ 1 ,833,000 of project costs. The City pledged 75% of the incremental property taxes derived from this project to annually reimburse the developer over the life of the TIF. Alderman Jason Leslie is concerned about there being a hold put on the TIF. He feels if the project can't fund itself on its own merits he is concerned about the City lending for the project. Mr. Miller states that a developer's note would not increase the City's commitment to the developer per the redevelopment agreement nor would it increase the City's liability. Alderman Leslie wants the petitioner to come in and talk about the note. Mr. Leslie would like to know more about the TIF. Alderman Gary Golinski agrees with Leslie. They would like to bring this back to the next EDC meeting with timelines, lock downs, and proof development is going forward. 11 . EDC 2007-31 Comprehensive Plan — Plan Commission Steering Committee Framework — Update/Discussion Travis Miller goes over briefly the framework for the Citizen Advisory Committee. Miller notes that there have been some additions and that their ultimate goal is to have a good cross section of Yorkville on the committee. Miller is looking at having about 25 — 30 persons and their kick off goal will be in September. Miller feels that they will meet bi-weekly or monthly. Old Business: Bart Olson brings up changing the meeting time to 6:00 p.m. and the board decides to keep the meeting starting time at 7:00 p.m. 5 Mr. Olson also brings up meetings in December. We will be moving the December 18th EDC to December 11`h. Olson notes that the Public Safety meeting will be moved and one COW will be cancelled. Additional Sassiness : Travis Miller hands out Ordinance approving the rezoning or certain property in furtherance of an annexation and planned unit development agreement. Miller explains this is the Westhaven PUD agreement and that all zoning issues have been done for the property. City Council approved the PUD agreement and since then the project has sat idol. Now the market has brought in a buyer for the commercial part of the plan. Alderman Jason Leslie would like to move the annexation up on the 14th if there are no critical changes at this time. Leslie would like the original annexation agreement put on the web so the Alderman can review. Meeting was adjourned at 8:30 p.m. by Alderman Jason Leslie Minutes submitted by: Jamie Cheatham 6 O N b b W Vl O ew VI ry V1 b O .Ni N O VI r O r O W M M H M Q W e Z 0 F N O N d Q N @ N Q N M N H V a i ZO O O O O O O O O O O O O ri O b C � M N r4 N '1 4z Ooh w O y -ts `o m ti C a d F � [ti p C n a � O O tx N 'q m ^I tt � W S o 0 O q y d is C ? 0 y ............... ao0-1- - 33 0 United City of Yorkville Memo 800 Game Farm Road EST. , 1536 Yorkville, Illinois 60560 -�� Telephone: 630-553-8545 09 °� o Fax: 630-553-3436 <CE Date: August 9, 2007 To: Mayor and City Council Cc: Lisa Pickering, Deputy Clerk From: Travis Miller, Community Development Director Subject: Plan Commission Actions August 9,2007 April 9, 2007 Meeting Minutes—Approved May 11,2007 Meeting Minutes—Approved July 11, 2007 Meeting Minutes—Approved PC 2007-28 Jake Land Group—Shoppes South of the Fox Annexation, Zoning and Concept PUD (Public Hearing) Motion to recommend approval of annexation— 8 yes; 0 no Motion to approve rezoning to PUD—3 yes; 5 no Motion to approve Concept PUD Plan subject to staff comments—2 yes; 6 no Concerns noted at the meeting regarding the Concept PUD Plan included: - Density—the residential density proposed at 5 units per acre in the townhome portion of the PUD plan were considered to be too high; - Traffic Circulation—concern the traffic flow within the plan did not serve all portions of the plan adequately; - Buffer—substantial fencing along the east portions of the PUD should be included to protect the Block property from debris entering their property which could be harmful to livestock and adjacent to the Yorkville Hill Landscaping property; - Tree canopy preservation—concern this has not been adequately addressed by the PUD plan to best preserve the rural nature of the property; 1 Reviewed By: Agenda Item Number J= OT Legal ❑ Finance ❑ Na �0 Rl c-ky)Q55 # f3 EST 1 ism Engineer ❑ .4 1; City Administrator ❑ Tracking Number SSA O Consultant ❑ Human Resources ❑ eTD C-- <LE \\. City Council Agenda Item Summary Memo Title: Bank Moratorium City Council/COW/Committee Agenda Date: EDC August 21, 2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: co,o United City of Yorkville Memo '^ 800 Game Farm Road EST. ::. 1836 Yorkville, Illinois 60560 W4 ` Telephone: 630-553 -4350 Fax: 630-553 -7575 o'P N mss' Date: August 16, 2007 To: Economic Development Committee From: Bart Olson, Interim City Administrator CC: Subject: Bank moratorium This agenda item was requested by Alderwoman Spears. By the end of the discussion, the Committee should give further direction to staff on the merits of a bank moratorium. Current discussion on bank moratoria has paralleled concern over the quantity, location and layout of financial institutions in a municipality. I have attached a memo from Wes Kornowske, Management Analyst from North Aurora that was prepared for the North Aurora Village Board several months ago. In this memo, Mr. Kornowske outlines the strategies that other communities used in establishing a bank moratorium, and what resulted because of the bank moratorium. I have also attached copies of the updated zoning codes for Lake Forest and Highland Park. Information staff will need to draft an ordinance/policy include: 1) Does the City wish to impose a regulation on financial institutions? 2) What sort of regulation does the City wish to impose on the financial institutions? Location — i.e. restriction on corners of intersections or certain business districts/areas? Size? Layout? Quantity? Additional discretion in reviewing plans? 3) Is a moratorium on banks necessary to achieve the regulation? Page 1 of 1 Bart Olson From: Wes Kornowske [wkornowske @vil. north-aurora.il.us] Sent: Tuesday, July 31 , 2007 11 :34 AM To: Bart Olson Attachments: Bank Moratorium Memo.doc Here is a link to our ordinances also, look at the way we treat banks in our Zoning Ordinance (chapter 17). htto://munici alcodes. lexisnexis.com/codes/n aurora/ All of the supporting material referenced in the memo are in hard copy form only, so I can not email them Wes Kornowske Management Analyst Village of North Aurora 25 E. State St. North Aurora, IL 60542 p. (630) 897-8228, ext. 233 c. (630) 335-6016 f. (630) 897-8258 wkornowske @vil . north- aurora . il . us 8/16/2007 Village of North Aurora Memo To: Sue McLaughlin From: Wes Komowske Date: 8/16/2007 Re: Lake Forest, Buffalo Grove, Highland Park, Highwood; Bank Moratorium Strategies Summary: This document generalizes the procedures used by the cities of Highland Park, Lake Forest, Highwood, and the Village of Buffalo Grove in implementing restrictions on non-retail development. Included in this report are the resolution/ordinance modifications used by the aforementioned communities to achieve regulation on the non-retail sector. Highland Park: • 2003 Moratorium was placed upon all non-retail uses within a newly defined "Pedestrian Oriented Shopping Overlay" P( OSO) District. • The restrictions within this District included banks, retail offices, beauty salons, etc. PLEASE SEE ATTACHED ORDINANCE (Appendix A.) • Appendix (A) provides special regulations within the POSO along with charts on specific uses within that POSO District (Appendix A., pp. 5-19) • The POSO was established in response to the large amount of banks being built in areas where they were seen as encroaching upon retail. • No pre-moratorium study was completed • Source: William H. Jones Jr. (Assistant City Manager, (847) 926-1004) Lake Forest: • Amended the B-1 (Neighborhood Business District) zoning ordinance making all banks and real estate offices special use. The city then adopted more specific special use criteria for banks (financial institutions). See Appendix (B) pp. 5-6 (highlighted specific criteria). • Ordinance establishing a temporary moratorium on development of non-retail uses in non-residential districts. See Appendix (B) pp. 1 -4. 1 • No pre-moratorium study was completed • Source: City of Lake Forest Planning Department (Julie Carpenter, (847) 615-4292) Buffalo Grove: • Moratorium study was completed by the Village of Buffalo Grove prior to implementing any zoning/ordinance alterations. The study was conducted under the auspices of a Plan Commission Report. • Participants in the Commission Report included members of the Planning Commission along with representatives from the Village Administrative staff. • See Appendix (C) pp. 1 -7. • An ordinance amending the Comprehensive Zoning Ordinance was created. See Appendix (C) pp. 8-10. • Source: Ghida S. Neukrich (Assistant Village Manager, (847) 459-2518 Highwood: • The City of Highwood now requires (after 2004) a Special Use permit for Banks and other financial institutions. Prior to 2004 only drive-thru's required a Special Use permit. • See Appendix (D) p.14 • Source: Moses Amidei (Assistant City Administrator, (847) 432-0735) • Page 2 Nl �103� d P� rk cease operations for a period of twelve consecutive months. The site shall be restored to its original or improved state after the facilities are removed. The terms and conditions of a bond to assure removal of support structures and accessory facilities shall be specified in any special use permit granted for the installation or upgrade of telecommunication facilities. (Ord. 69-02, J. 28, p.516-525, passed 11/12/02) Sec. 150.415 Special Regulations for the Pedestrian Oriented Shoppine Overlay (POSO) Zone. (A) Purpose. The purpose of the Pedestrian Oriented Shopping Overlay Zone ("POSO") is set forth in Section 150.401(T) of this Chapter. (B) Overlay Zone. The POSO Overlay Zone appears on the Zoning Map as an "overlay zone" in portions of the B5 Zoning District. Development of property in the POSO Overlay Zone shall comply with the regulations of the POSO Overlay Zone contained in this Section and with the B5 Zoning District regulations contained in this Chapter. If there is any conflict between the POSO Overlay Zone regulations and the general B5 Zoning District regulations contained in this Chapter, the POSO Overlay Zone regulations shall control. (C) Special POSO Overlay Zone Definitions. For the limited purpose of this Section 150.415, the following words shall have the meanings ascribed to them below: (1) "PREMISES": Any building or separately owned, leased, or occupied space of a building. (2) "GROUND FLOOR": Any occupiable floor of a building with direct access to grade, that is located less than one story above, or less than one story below, grade; provided, however, that no portion of a floor that constitutes a "cellar," as defined in this Chapter, shall constitute a "ground floor." (3) "POSO REGULATED STREET": The following public rights-of-way, or segments thereof, located within the POSO Overlay Zone: The north and south sides of Central Avenue, from the centerline of Green Bay Road on the West, to the eastern boundary line of the B5 Zoning District (mid-block of Central Avenue between Sheridan Road and Linden Avenue) on the East. The east and west sides of Second Street, from the centerline of Elm Place on the North to the centerline of Laurel Avenue on the South. The west side of First Street, from the centerline of Elm Place on the North to the centerline of Laurel Avenue on the South. The south side of Elm Place, from the centerline of Green Bay Road on the West to the centerline of First Street on the East. The east side of St. Johns Avenue, from the centerline of Park Avenue on the North to the centerline of Laurel Avenue on the South. 150-IV-22 The east and west sides of Sheridan Road, from the centerline of Park Avenue on the North to the centerline of Central Avenue to the South. The east side of Green Bay Road, from Elm Place on the North to the mid-block of Green Bay Road on the South that is between Central Avenue on the North and Laurel Avenue on the South. The south side of Park Avenue from St. Johns on the West to the mid- block of Park Avenue on the East that is between Sheridan Road on the West and Linden Avenue on the East. (4) "POSO REGULATED PREMISES": Any Premises in the POSO Overlay Zone that (1) is located on the Ground Floor of a building and (2) has "frontage" on one or more POSO Regulated Streets. For purposes of this definition, a Premises shall be deemed to have frontage on a POSO Regulated Street if any exterior elevation of the Premises is either adjacent to the right-of-way line of a POSO Regulated Street or is separated therefrom only by a public or private sidewalk, access drive, parking lot, or plaza. (D) Use Regulations. (1) Permitted Uses. The only uses that shall be allowed within a POSO Regulated Premises shall be those that are specifically identified as "Permitted Uses" under the heading "POSO" in the Table of Allowed Uses in Article IV of this Chapter. (2) Prohibited Uses. Subject to the non-conforming use provisions set forth in Article IX of this Chapter, the special non-conforming use provisions set forth in Section 150.415(F)(1), unless a use is specifically identified as a "Permitted Use" under the heading "POSO" in the Table of Allowed Uses in Article IV of this Chapter, such use shall not be allowed at any time, or under any circumstances, in any POSO Regulated Premises. (E) POSO Regulated Premises Determination of Applicability. The Zoning Administrator shall have the authority to determine, or resolve any issue as to, whether a premises constitutes a POSO Regulated Premises and is therefore subject to the use regulations set forth in Section 150.415(D). Such determination or resolution may be made either at the initiation of the Zoning Administrator or upon the written application to the Zoning Administrator by the owner or occupant of any POSO Regulated Premises. The determination of the Zoning Administrator shall be final and binding, subject to the appeal provisions set forth in Article XIII of this Chapter. (F) Non-Conforming Uses. (1) Special Provisions. Any use that qualifies as a nonconforming use of land solely as a result of the adoption and application of the POSO Overlay Zone regulations shall be subject to the following regulations: (a) Notwithstanding Section 150.902(E) of Article IX of this Chapter, no such nonconforming use shall be extended, expanded, or enlarged within a building or other structure to any portion of the floor area that is vacant, otherwise not 150-IV-23 occupied by a legal conforming use, or newly created within the existing building or structure. (b) Notwithstanding Section 150.902(G) of Article IX of this Chapter, no such nonconforming use may be replaced by another nonconforming use unless (a) such use is identical to the nonconforming use that immediately preceded it, as identified in the Table of Allowed Uses in Article IV of this Chapter, or (b) such use is authorized by a special use permit issued pursuant to the standards set forth is Subsections (1), (4), and (9) of Section 150. 1404(A) of Article XIV of this Chapter. (c) Notwithstanding Section 150.902(I)(1) of Article IX of this Chapter, when such a nonconforming use is discontinued for a period of one year, regardless of any intent to resume or not to terminate such use, such use shall be deemed abandoned and shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of the POSO Regulated Premises within which such abandoned non-conforming use was located shall comply with the use regulations of the POSO Overlay Zone. Except as expressly modified and excepted herein, all regulations in Article IX of this Chapter shall apply within the POSO Overlay Zone. (2) Special Application. In addition to those uses that otherwise qualify as legal non-conforming uses pursuant to Article IX of this Chapter, the following uses shall be deemed to be legal non-conforming uses for the limited purposes of this Section 150.415: (a) A use for which a completed and executed application for a building permit was submitted to the Department of Community Development prior to December 22, 2003. (b) A use for which all of the requirements for receipt of an occupancy permit from the Department of Community Development were fulfilled prior to December 22, 2003. (c) A use for which a completed and executed application for subdivision/consolidation approval or zoning relief for such building or property within which such use is intended to be located was submitted to the Department of Community Development prior to December 22, 2003; provided that evidence is produced, satisfactory to the City's Corporation Counsel, establishing that a non-conforming use, with a specific, actual, and identified user, was, at the time of submission of such application, intended to be located in the building or property. Such evidence may include a lease agreement fully executed prior to December 22, 2003. (Section 150.415 added by Ordinance 28-04, J. 30, p. 97- 116, passed 4/26/04) Sec 150,416 Public Safety Emergency Warning Facilities. 1. Purpose. In order to preserve and protect the public heath and safety and consistent with the goals of this Chapter, the City may, as needed, erect or approve Public Safety Emergency Warning Facilities. 150-IV-24 TABLE OF ALLOWABLE USES The land uses in the following tables are grouped into generic categories and listed alphabetically within each category. RESIDENTIAL USES Rl R2 R3 R4 R5 R6 R7 RM RM RM RO P = PERMITTED USES HC BI B1A B2 B2 B3 B4 B5 POSO . I PA 1 1A 2 C = CONDITIONAL RW — USES P C P Bonding Houses P C P Lodging Houses Watchkee ers' Quarters C C C C C C C Dormitory Buildings C C C C C C C C C C Group Homes P P P P Multiple Family Dwellings Dwellings Only Above P P P P P P First Floor Permitted Commercial or Office Uses C C C C C C C C C C Dwellings as Part of a Planned Unit Development C C C C Nursing Home Care C Facility (including Skilled Nursing Facility, Intermediate Care Facility, Licensed Intermediate Care Facility, and/or Sheltered Care Facility) P P P P P P P P P P P Rectories P P P P C P P P P P P P P P P P Single Family Dwellings P P P P Two Family Dwellings icl io an U �ootna� r�I�r�I�a * Added by Ord 42-02, J. 28, p. 313-337, passed 7/8/02, Amended by Ord. 01-03, J. 29, p. 01-16, passed 1/13/03 RM1A Zoning Added by Ord. 57-02, J. 28, p. 410-473, passed 9/9/02 + Deleted by Ord. 28-03, J. 29, p. 112-114, passed 3/24/03 150-IV-26 PERSONAL SERVICES ESTABLISHMENTS AND CUSTOM CRAFT USES RI 1 112 1 R3 I R4 13 I R6 R7 RM RM RM RO P = PERMITTED USES HC BI BlA I B2 B2 B3 B4 BS I POSO I PA 1 ` 1A 2 C = CONDITIONAL RW USES Art Shops P P P P P P P P ' P Barber Shops P P P P P P P P ' P Beauty Shops P P P P P P P P ' P Hobby Shops P P P P P P P P - P Key & Lock Shops P P P P P P P P ' P Laundry & Dry Cleaning P P P P P P P P ' P Establishments, drop-off & pick-up stations only Laundry & Dry Cleaning P P P P P P P P ' P Establishments, with only coin-operated &self- service facilities Photographic Studios P P P P P P P P - P Shoe Repair Sho s P P P P P P P P ' P Printing Shops, hand P P P P P P P P ' P press, offset press, & photography only Tailoring & Dressmaking P P P P P P P P ' P Stores Tanning Salon P P P P P P P ' P Travel Agencies P P P C P P P P ' P U o tery Shops P P P P P P Weight Loss Clinics (Diet P P C P P P P Centers POSO Zoning Added by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04 GENERAL RETAIL SALES AND RELATED SERVICE USES RI R2 R3 R4 R5 R6 R7 RM RM RM RO P = PERMITTED USES. HC Ill Bl B2 B2R B3 B4 . B5 POSO I . PA ,I 1A 2 C = CONDITIONAL A - W USES Anti ue Sho s P P P P P P P P - P Art &School Supply P P P P P P P P ' P Stores Bicycle & Accessories P P P P P P P P ' P Sales & Service Book Stores P P P P P P P P ' P Camera & Photographic P P P P P P P P ' P Supply Stores China, Glassware, & P P P P P P P P ' P Metalware Stores Clothing Stores P P P P P P P P ' P Coin & Stamp Stores P P P P P P P P ' P Computer Equipment P P P P P P P ' P Sales & Service Craft Supply Stores P P P P P P P ' P Department Stores C P P P P ' P Drapery, Curtain & P P P P P P P P ' P Window Coverin g Stores Dry Goods Stores P P P P P P P P ' P Electrical Appliance Shops P P P P P P P P ' P Fabrics & Sewing P P P P P P P P ' P Accessory Stores Floor Covering Stores Florist Shops, retail P P P P P P P P ' P Furniture Sores P P I P P P P P ' P 150-IV-27 GENERAL RETAIL SALES AND RELATED SERVICE USES (CONTINUED) Rl R2 R3 R4 R5 I R6 R7 RM RM RM RO P = PERMMEDUSES HC BI BI B2 B2R B3 B4 115 POSO I PA 1 lA 2 - C = CONDUIONAL A W . USES Furriers & Fur Apparel P P P P P P P P - P Stores Garden Supply Shops P P P P P I P P , P Gift, Novelty, & Souvenir P P P P P P P P , P Stores Hardware Stores P P P P P P P P % P Home Decorating Sales & P P P P P P P P - P Service Hotels and Motel " C C C C' C jewelry Stores P P P P P P P P ' P Kitchen & Bath Cabinet P P P P P P ' P Showrooms Laundry & Dry Cleaning P P P P P Establishments, except coin-operated & self- service - under 5000 s . ft. Laundry & Dry Cleaning C Establishments, except coin-operated & self- service - over 5000 s . ft. Leather Shops P P P P P P P P % P Lugg a e & Suitcase Stores P P P P P P % P Liquor Stores P P P P P P % P Musical Instrument Stores P P P P P P ' P Newspaper & Magazine P P P P P P P P ' P Stands Office Supply Stores P P P P . P P P , P Paint & Wallcovering P P P P P P P P ' P Stores Pet Shops C C C C % C Record Shops P P P P P P P P , P Resale Shops P P P P P P P P ' P Security Equipment Sales P P P P P P P & Service - Shoe Stores P P P P P P P P ' P Specialty Shops P P P P P P P P ' P Sporting Goods Stores P P P P P P P P ' P Stationery Stores P P P P P P P P ' P Ticket Sales Facility P P P P P P P Tobacco Shops P P P P P P P P ' P Toy Stores P P P P P P P P ' P Video Sales and/or Rental P P P P P P P ' P Store Drug Stores P P P P P P P P , P Optical Goods Store P P P P P P P P , P P Pharmacies P P P P P P P P ' P Lighting & Electrical P P P P ' Equipment Store with Retail Sales Component Plumbing shop, Sales & P P P P ' Service with Retail Sales Component Medical Appliances & P C P P P P Supply Stores ** Amended by Ord. 51-01, J. 27, p. 232, passed 8/27/01 POSO Zoning Added by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04 150-IV-28 PLANTS, ANIMALS AND RELATED USES R1 R2 R3 R4 R5 R6 R7 RM RM RM RO P = PERMITTED USES HC Bl Bl B2 B211 B3 B4 B5 POSO I PA 1 1A 2 C = CONDITIONAL A W - USES Animal Clinics or C C C Hospitals Animal Pounds C* Top—;r cal Gardens C* P P lture Florist Shops, wholesale P P P Greenhouses, commercial P P C C C C C C Kennels P P Nurseries =PP P * Added by Ord 42-02, J. 28, p. 313-337, passed 7/8/02 FOOD PRODUCT USES _ Rl R2 R3 R4 RS R6 R7 RM RM RM RO P = PERMIEED. . HC BI B1 B2 B211 B3 B4 B5 POSO I PA 1 1A 2 USES A W C = CONDITIONAL USES Bakeries & P P P P P P P P - P Confectioneries, Retail Bakeries, Wholesale P Convenience Food Mart P P P P P IZ P Fruit &Ve etable Stores P P P P P P P P ' P Grocery Stores, with or P P P P P P P P ' P without meat Meat, Fish & Seafood P P P P P P P P ' P Shops Deleted by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04 FOOD AND BEVERAGE SERVICE USES Rl R2 R3 ' R4 R5 I R6 R7 RM RM R '. RO P = PERMITFEDUSES HC BI B1 B2 B211 B3: B4 . B5 PSOO I PA . i SA M2 C = CONDITIONAL A W USES': Caterin g Service Facilities P P P Delicatessens P P P P P P P P P Frozen Dessert Stores, P P P P P P P P ' P without-Drive-in Facilities Outdoor Restaurants C C C C P P P P ' P Restaurants,Drive-in C C - C Restaurants, Fast-food or P P P P P P P P ' P Carry-out Restaurants, excluding P P P P P P P P ' P dancing & entertainment Restaurants, with dancing C C P P P P ' P & entertainment POSO Zoning Added by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04 150-IV-29 FINANCIAL USES Rl R2 R3 R4 I RS I R6 R7 RM RM RM RO P = PERMITTED USES HC B1 Bl B2 B2R B3 B4 B5 POSO I PA 1 lA 2 C = CONDITIONAL A - W - USES LH P Accounting, Auditing, & P P C P P P P Bookkeeping Services Automatic Teller Machine P P P P P P P= P Banks, without Drive-in P P P P P P Facilities Banks with Drive-in C C P P _'I-' P Facilities *" I C** P Collection Service Offices P C P P P P P Commodity Broker, P C P P P P Dealer, & Exchange Offices (including Wholesale P Credit Reporting Service P C P P P P Offices P Credit Union Offices C* P P C P P P P Currency Exchange C P Financial Counseling P P C P P P P Service Offices P Holding & Investment P P C P P P P Service Offices P Income Tax Services P P C P P P P P Insurance Carriers, P P C P P P P Agents, Brokers, & Service Offices Money Transmitting P + Businesses Savings & Loan C C P )?. P P Institutions, with Drive-in C** Facilities Savings & Loan P P P P = P Institutions, without Drive-in Facilities P Security Broker, Dealer, & P C P P P P Exchange Offices P Loan Comparty Company Offices P C P P P P * A special use permit for the "Credit Union Offices" conditional use shall not be issued in any area of the B-1 District other than the specific B-1 district indicated on the City of Highland Park Zoning map and located in a portion of the area bounded by Ridge Road, Deerfield Road, and Richfield Avenue. (Amended by Ord. 4403, J. 29, p. 153-154, passed 7/28/03) Deleted by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04 + Added by Ord. 41-04, J. 30, p. 159-160, passed 6/28/04 **Notwithstanding the provisions of Section 150.411(C) of this Code, a permitted use (under any provision of this Code, including without limitation, Section 150.405) with Drive-in Facilities that was made a conditional use by the amendment to this Zoning Code effective June 28, 2004 shall be considered a lawful conditional use, and may continue in existence as such use, as of June 28, 2004, provided, however, that the conditional use may not be expanded without first obtaining a conditional use permit in full accordance with Section 150.411 of this Code, and any other zoning relief required by applicable provisions of this Code. (Ord. 4M4, J. 30, p. 163-165, passed 6/28/04) BUSINESS SERVICE USES RI R2 I R3 ' R4 I R5 R6 ! R7 RM RM RM RO P PERMITTED USES HC : ` BI B1 B2 B2R'. B3 B4 B5 POSO I PA '' 1 1A 2 C= CONDITIONAL _ A W USES P Advertising Agency P P C P P P P Offices Printing Shop including P P P = P Blueprinting & Photocopying Shops Printing Shop including P P P ' Blueprinting & Photocopying Shops With Retail Sales Component Building Maintenance P C P P P Service Offices P Consumer Protection P C P P P P Or anization Offices P Data Proressin Centers P P P P 150-IV•30 BUSINESS SERVICE USES (CONTINUED) R1 R2 R3 R4 RS R6 R7 RM RM RM RO P = PERMITTED USES HC Bl B1 B2 B2R B3 B4 BS POSO I PA 1 1A 2 C= CONDrrIONAL A IN USES P Detective & Protective P P P P Service Offices P Direct Mail Advertising P P P P Service Offices Disinfecting & P C P P P Exterminating Service Offices P Employment Agency P C P P P P Offices Express Mailing Services P P C P P Research & Survey Firms P C P P P I 1P P Stenographic & Other P C P P P P Temporary Office Employment Service Offices P Window Cleaning Service P C P P P Offices Amended by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04 OFFICE AND PROFESSIONAL USES Rl R2 R3 R4 I R5 R6 R7 RM RM RM RO P = PERMITTED USES HC. Bl BI B2 B2R B3 B4 BS POSO I PA 1 . 1A 2 C = CONDITIONAL A ' W USES P Business & Management P P C P P P P Consulting Service Offices P Business Association C P P P Offices P General Business Offices P P C P P P P P Interior Decorating Service P P C P P P P Offices P Newspaper Offices C P P P P P Professional Offices P P C P P P P including Architect, Attorney, Engineer, Landscape Architect, Urban Planner P Publishing Offices P P C P P P P P Real Estate Broker, P P C P P P P Salesperson, & Service Offices P Telephone Business P P P P Offices P Title Abstracting P P C P P P P Company Offices Direct Selling P P P P Organizations P Labor Union & Similar P P P Labor Organization Offices P Office of Institution of P P P Religious, Charitable, or Philanthropic Nature P Professional Membership C P P P Organization Offices Taxicab Office, P P P P Dis atchin P News Syndication Services P P P P Mail Order House P P P P Motion Picture Film P P P P Distribution Offices 150-IV-31 MEDICAL AND RELATED USES . Rl R2 R3 R4 R5 I R6 R7 RM RM RM RO P = PERMITTED USES HC Bl BI B2 B2R B3 I B4 BS I POSO I PA 1 . IA 2 C = CONDMONAL . A w USES P Acupuncture Services P P C P P P P C P Chiropractor's Offices P P P C P P P P P Dental Laboratories P C P P P P C P Dental Offices P P P C P P P P Health Care Campus P Home Health Care P P C P P P P Providers Offices P Message apy Clinic P P P P P P P P P Medical Clinics/Surgical P P P P Centers P Medical Laboratories P C P P P P C P Medical Offices P P P C P P P P C P Offices for the Fitting & P P P C P P P P Repair of Hearing Aids, Prosthetic Appliances & the like C P Optometrist's & P P P C P P P P Ophthalmologist's Offices C P Psychiatrist's & P P P C P P P P Psychologist's Offices TRANSPORTATION AND RELATED USES RI R2 R3 R4 RS I R6 R7 ; RM RM RM RO P= PERMErEEDUSES . HC BI BI B2 B2R B3 B4 B5 POSO I PA 1-: IA 2 C= CONDTTIONAL'` i A W USES Bus Terminals P P = P Freight & Parcel Terminals P P C Garage, public C C C C Garage, Municipally C Owned or Operated * Gasoline &/or Diesel Fuel C C C C C C Stations Heliports C C C C Marine Craft & P P Accessories Sales & Service Facilities Motorcycle & Accessories P P P Sales & Service Store Motor Vehicle Detailing P P Shops Motor Vehicle Engine P P P Repair Shops Motor Vehicle Glass Shops P P P Motor Vehicle Muffler P P P Shops Motor Vehicle Painting or P P P Body ding Shops Motor Vehicle Parts & P P P Accessories Sales Motor Vehido Rental P P P Agencies Motor Vehicle Repair, P P P Major 150-IV-32 TRANSPORTATION AND RELATED USES (CONTINUED) Rl R2 R3 R4 RS R6 R7 RM RM RM RO P = PERMITTED USES HC BI B1 B2 B2R B3 B4 B5 POSO I PA 1 1A 2 - C = CONDITIONAL A W USES Motor Vehicle Repair, P P P Minor Motor Vehicle Salesrooms P P P Motor Vehicle Tire Sales & P P P Installation Stores Motor Vehicle Upholstery P P P Shops Motor Vehicle Washing C C C Facilitv Motor Vehicle Wrecking & C Salvage Yards New or Used Motor C C C Vehicle Sales &/or Storage Lots, freestanding C C C C C C C C C ^ C P Oft-Street Parking Lo; P C P C P P P P Freestanding Off-Street Parking Lot, C I Freestanding, Municipally Owned or Operated Parking Decks, C + Parking Decks, C ! Municipally Owned or Operated Railroad Stations C ! Recreational & Sports P P P Vehicle Sales & Service Fa cil ties Taxicab Storage C C Truck Terminals C C + A parking deck may be allowed as a permitted use in the HC Zoning District, provided that the parking deck detail is consistent with an approved Master Site Plan (Amended by Ord. 29-02, J. 28, p. 111-114., passed 5/13/02) • Added by Ord 42-02, J. 28, p. 313-337, passed 7/8/02 A Added by Ord. 57-02, J. 28, p. 410-473, passed 9/9/02 ! Amended by Ord. 01-03, J. 29, p. 01-16, passed 1/13/03 Deleted by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04 MATERIALS SUPPLY AND CONSTRUCTION USES R1 112 R3 R4 RS '. : R6 R7 RM RM ' RM RO . P = PERMITTED USES HC B1 B1 B2 B2R. B3 B4 B5 POSO I PA '. Y. 1A 23 C = CONDMONAL A W USES Construction Hauling C Companies Excavation Companies C General Construction P P Companies Glass Sales & Installation P P P Facilities Glass Sales & Installation P P Facilities with Retail Sales Component Heating & Air P P P Conditioning Equipment 150-IV-33 MATERIALS SUPPLY AND CONSTRUCTION USES (CONTINUED) RI R2 I R3 R4 I R-1 I R6 R7 RM RM RM RO P = PERMITTED USES HC BI BI B2 B2R B3 I B4 BS I POSO I PA 1 TA 2 C = CONDITIONAL A W USES Landscape Contractors P P and Yazd Maintenance Services Lighting &Electrical P P P P Equipment Store Lumber & Building P P Material Yazd & Storage Facilities Masonry, Stonework & P P Tilesening Shops Millwork & Cabinet P Fabricating Shops Plumbing Shop, Sales & P P P Service Ready-mix Concrete Yards P Road Paying Companies P Rock & Stone Supply P P Yards Roofing Companies P Sand, Gravel, &Earth C Sales & Storage Facilities Sewer Companies C Sheetmetal & Gutter P P Service Shop Swimming Pool P P Companies Water Well Drilling P Companies Welding Equipment & P Supply Shop Deleted by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04 STORAGE, PROCESSING, AND WHOLESALING USES RI 112 1 R3 R4 I RS I R6 R71 RM RM RM . RO P = PERMITTED USES HC B1 B1 B2 BZR B3 B4 BSI POSO I PA 1 1A 2 C = CONDITIONAL A W USES General Warehouses & P P Storage Facilities, Enclosed Metal Salvage Yards & C erations Mini-warehouses P Open Stora e Yards C C Refrigerated Warehouses P Wholesale Trade Offices & P P Storage Facilities 150-IV-34 INDUSTRIAL AND MANUFACTURING USES Rl R2 R3 R4 RS R6 R7 RM RM RM RO P = PERMITTED USES HC B1 B1 B2 B2R B3 B4 B5 POSO I PA 1 1A 2 C = CONDITIONAL A W USES Facilities for the Bottling & C canning of Liquids Facilities for P Manufacturing, Processing, Assembly, & Packaging of: Articles of Merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, metal, paper, plastics, stone, tobacco, wood, yarns & paint, not employing a boiling process Facilities for P Manufacturing, Processing, Assembly, & Packaging of: Bakery goods, candy, cosmetics, dairy products (including mills), drugs, grains, perfumes, pharmaceuticals, toiletries & food products, except the following uses: fish meat products, sauerkraut, vinegar, yeast, & the rendering or refining of fats or oils Facilities for C _ Manufacturing, Processing, Assembly, & Packaging of Biological & botanical products, except manure Facilities for P Manufacturing, Processing, Assembly, & Packaging of: Electrical Devices, appliances, apparatus, & instruments Facilities for P Manufacturing, Processing, Assembly, & Packaging of: Mechanical Devices, machines & parrs such as toys, novelties, & other light or small mechanical products Facilities for P Manufacturing, Processing, Assembly, & Packaging of Plastics, chemicals, & drugs, except poisons & insecticides 150-IV-35 INDUSTRIAL AND MANUFACTURING USES (CONTINUED) Rl R2 R3 R4 R5 R6 R7 RM RM M2 RO P = PERMITTED USES HC BI BI 112 B2R 113 B4 BS POSO I PA 1 IA C = CONDITIONAL A W USES Facilities for P Manufacturing, Processing, Assembly, & Packaging of. Pottery, figurines, & similar ceramic products using only previously pulverized clay Metal Fabrication Shops, P including cold rolled sheet, strip, & bus Manufacturing P Laboratories & Testing Facilities Recycling Centers, C Materials Reclamation Wholesale Job Printing, P - with Bookbinding Wholesale Laundry, C Cleaning, & Dyeing Plants * Added by Ord 42-02, J. 28, p. 313-337, passed 7/8/02) COMMUNICATIONS AND PUBLIC UTILITY USES RI R2 R3 R4 RS R6. R7 RM RM RM RO P = PERMITTED USES: HC. BL . BI B2 B2R B3 - B4 . B5 POSO I PA 1. IA 2 C = CONDITIONAL A : W USES • C C C C C C C C ^ C C Cellular Telephone C" C C * C * C * C * C * C * C + Facilities without Towers for Use with Radio and/or Other Transmitting and Receiving Equipment, Including Cellular Telephone and Personal Wireless Communications Facilities — Including Antennas to a Maximum Height of 12 Feet without Towers but Excluding Satellite Dishes • C C C C C C C C C Electrical Receiving or C C C C C C C + Transforming Stations Newspaper Distribution P P Services P News Syndication Services P P P P P Radio &Television P P 84 P Broadcasting Station • C C C C C C C C ^ C C Radio and/or Television C C C C C C C + and/or Other Transmitting and Receiving Equipment, Including Cellular Telephone and Personal Wireless Communications Facilities with Towers or Poles Deleted by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04 150-IV-36 COMMUNICATIONS AND PUBLIC UTILITY USES (CONTINUED) JR2 R4 R5 R6 R7 RM RM RM RO P = PERMITTED USES HC B1 B1 B2 B2R B3 B4 B5 POSO I PA 1 1A 2 - C = CONDITIONALS A WUSES Recording Studios P P � P C C C C C C ^ C C Telephone Relay Facilities C C P P P P. CUtility Maintenance C P Garages C C C C C C ^ C C Utili Sssbstations C C C C C C C + Utili Yards C P * Amended by Ord. 24-02, J. 28, p. 89-90, passed 5/13/02 + Added by Ord 42-02, J. 28, p. 313-337, passed 7/8/02 ^ Added by Ord. 57-02, J. 28, p. 410-473, passed 9/9/02 ' Deleted by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04 GOVERNMENTAL USES R1 R2 R3 114 R5 R6 . R7 RM RM RM RO P = PERMITTED USES HC B1- BI B2 B2R B3 B4 BS POSO I PA 1 1A 2 C = CONDITIONAL A W USES City Facilities & Services C *! (not otherwise listed) Civil Defense Stations C*l P Executive Offices, public; P P P P C *1 Judicial Quarters, public, Legislative Quarters, public; Offices of Federal, State, County or Local Governments Governmental Marinas C Postal Service and Parcel, C Pick-up Stations Postal Service and Parcel, C Distribution Service Sewage Pumping Stations C Sewage Treatment C Facilities Waterworks Treatment & C *! Distribution Facilities * Added by Ord 42-02, J. 28, p. 313-337, passed 7/8/02 ! Amended by Ord. 01-03, J. 29, p. 01-16, passed 1/13/03 150-IV-37 MISCELLANEOUS USES Rl =R6 R4 RS R6 R7 RM RM RM RO P = PERMITTED USES- HC Bl Bl B2 B2R B3 B4 B5 POSO I PA 1 . IN 2 C = CONDITIONAL A W USES Cemeteries, Mausoleums, C * & Memorial Parks C C C Civic, Social, & Fraternal C C C C P P P C * Association Meeting Places Funeral Homes, C C C C Mortuaries & Crematoria C C C C C C C C CA C C Houses of Worship * C C C C C C C C * Added by Ord 42-02, J. 28, p. 313-337, passed 7/8/02 A Added by Ord. 57-02, J. 28, p. 410-473, passed 9/9/02 CULTURAL, RECREATIONAL, AND ENTERTAINMENT USES Rl R2 R3 R4 RS R6 R7 RM RM RM RO P = PERMITTED USES- HC B1 BI B2 B2R B3 B4 B5 POSO I . PA. 1:- IA ' 2. C = CONDMONAL A - W USES Art Galleries, public C * Auditoriums C * Bowling Alleys P P C P C C C C C C C C CA C C Club or Lodge, private C C C C C C C Community & Recreation C " Centers P P P P P P P P Country Clubs & Golf C I Courses Cultural Arts Centers * C Dinner Theaters C C C C ' C Gymnasiums C C C Health Clubs P P P P C I Health Clubs (Minor) Libraries C Miniature Golf Courses P P - EE Movie & Drama Theaters P P P P ' P Museums C * POSO Zoning Added by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04 Health Clubs (Minor) Added by Ord. 49-04, J. 30, p. 200-202, passed 7/12/04 150-IV-38 CULTURAL, RECREATIONAL, AND ENTERTAINMENT USES (CONTINUED) RI R2 R3 R4 RS R6 R7 RM RM RM RO P = PERMITTED USES HC BI BI 132 132R 133 B4 B5 POSO I PA 1 IA 2 C = CONDITIONAL A W USES C C C C C C C C C C Outdoor Theaters, festival- C C C C C C C drama P P P P P P C P P ^ P P Parks & Playgrounds P P P P P P P P - P C C Riding Academies Roller & Ice Skating Rinks C C C C C C C C C C C C C Tennis, Racquetball, C P P ,P-, ' P Handball, Swimming & Other Private Recreational Clubs Added by Ord 42-02, J. 28, p. 313-337, passed 7/8/02 A Added by Ord. 57-02, J. 28, p. 410-473, passed 9/9/02 Removed by Ord. 57-02, J. 28, p. 410-473, passed 9/9/02 ! Amended by Ord. 01-03, J. 29, p. 01-16, passed 1/13/03 Amended by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04 EDUCATIONAL USES RI R2 R3 R4 R5 R6 R7 RM . RM RM RO P = PERMITTED USES HC BT Bl B2 B2R B3 B4 B5 POSO I PA 1 1A 2 C'= CONDITIONAL A W USES Barber & Beauty Schools P P P P Business & Technical P P P P C ' Schools • C C C C C C C C C Colleges, Junior Colleges C C C C C & Universities • C C C C C C C ^ C C Child Care Facility C C C C C C C C • C C C ^ C Convents, Monastedes or C C C Seminaries Dancing or Music P C P P P P Academies • P P P P P P P P ^ P P Da Care Homes • C C C C C C C C ^ C C Nurseries, Da C C C C C C C C C * Driving Schools P P P P P P P P P P P P P P A P P Elementary & High P P P P P P C *! Schools, Public, Private & Parochial including Kinder artens 150-IV-39 EDUCATIONAL USES (CONTINUED) R1 R2 R3 R4 RS R6 R7 RM RM RM RO P = PERMITTED USES HC B1 B1 B2 112R B3 B4 B5 POSO I PA 1 IA 2 C = CONDITIONAL A W USES ` C C C C C C C C C C C Outdoor Lights with C C C C C C C Towers for Athletic Fields located on High School Campuses, at such maximum wattage and at such maximum height as may be specified by the City Council in the ordinance approving the special use permit # P P P P P P P P P A P P Institutions for Special P P P P P P C *! Education Personnel Training P P P P Centers Sports Training Schools P P C P Studios for Art, Ceramics, P C P P P P Drama, Speech, and similar skills * Added by Ord 42-02, J. 28, p. 313-337, passed 7/8/02 A Added by Ord. 57-02, J. 28, p. 410-473, passed 9/9/02 ! Amended by Ord. 01-03, J. 29, p. 01-16, passed 1/13/03 # Amended by Ord. 55-04, J. 30, p. 216-219, passed 8/9/04 150-IV-40 € L cIIY 0 LAKE FOMST tY ii A S 1 1 K IL U 1 4 6 1 THE CITY OF LAKE FOREST ZONING CODE Reprinted August 2005 c _ ICi 1 8 3 ARTICLE VIII - OFFICE AND BUSINESS DISTRICTS SECTION 46-48. GENERAL REQUIREMENTS A. PERMITTED USES Permitted uses of land or buildings, as herein listed, shall be permitted in the districts indicated under the conditions specified. No buildings or land shall be devoted to any use other than a use permitted in the zoning district in which such building or land is located, with the exception of the following: 1 . Uses lawfully established on the effective date of this Chapter or any amendment hereto; and 2. Special uses allowed in accordance with the provisions of Section 46-48-(B). Uses already established on the effective date of this Chapter or any amendment hereto, and rendered nonconforming by the provisions hereof, shall be subject to the regulations of Article IV, Nonconforming Buildings, Structures, and Uses. B. SPECIAL USES Special uses may be allowed in the District as provided in Section 46-24. C. LOT SIZE REQUIREMENTS Lot size requirements shall be as set forth under each zoning district. D. YARD REQUIREMENTS 1. Yard requirements shall be as set forth under each zoning district in this Article for all buildings, structures, and uses, except as provided in Article III, General Provisions. 2. If the property on a street frontage between intersecting streets is zoned partially Residence, or General Residence, and partially Business, the front yard requirement of the Residence or General Residence District shall be applied to the entire street frontage. 3. Fuel pumps with a height of not over six (6) feet shall be exempt from the established front yard or corner side yard requirements, but all such dispensing devices shall be set back from the front lot line and the corner side lot line a distance of not less than fifteen (15) feet. 4. All accessory buildings when attached to principal buildings shall comply with the yard requirements of the principal building. E. HEIGHT REQUIREMENTS The requirements established under each zoning district in this Article shall determine the maximum building height allowable within each district. 88 REPRINTED AUGUST 2005 SECTION 46-48 F. SIGNS Signs regulated as provided in Chapter 36 of the City Code. G. OFF-STREET PARKING Off-street parking, accessory to uses allowed in the Office, Neighborhood Business and Community Business Districts, shall be provided as required in Article IX. H. INCLUSIONARY HOUSING In addition to the requirements of this Section and the respective district requirements, certain developments shall be subject to the Inclusionary Housing requirements of Chapter 20A of the City Code, which requirements shall be satisfied in addition the provisions of this Chapter. SECTION 4649. 0-1 OFFICE DISTRICT A. PURPOSE The 0-1 District is designed to accommodate offices, institutional buildings, and multiple-family structures in a mutually advantageous setting. B. PERMITTED USES The following uses are permitted in the 0-1 Office District: 1 . Offices, business, professional, and governmental, permitted only on ground floor, but not including offices used for other display, sale, lease, delivery, processing, storage, manufacturing, servicing or advertising of merchandise, commodities or other chattels. 2. Clubs and lodges, private. 3. Multiple-family dwelling units at ground level or above ground floor office uses. 4. Funeral homes and mortuaries. 5. Institutions, as follows, including all uses, structures, and facilities customarily incidental to their operation. a. Colleges and universities. b. Elementary and high schools. C. Institutions for the mentally handicapped. d. Day, nursery, and other schools for the care and instruction of children. e. Churches, chapels, temples, and synagogues, including rectories, parsonages, and parish houses. f Hospitals and related health care facilities. 89 REPRINTED SEPTEMBER 2006 SECTION 4649 g. Nursing homes. h. Libraries, art galleries, and museums. i. Philanthropic and charitable institutions, but not including businesses sponsored by such institutions, except such as are accessory or incidental to and located in the same building as such institution proper. j . Single family dwellings. 6. Accessory uses. C. SPECIAL USES Special uses may be allowed in the 0-1 Office District as provided in Section 46-24. D. LOT SIZE REQUIREMENTS 1 . No lot in an 0-1 Office District shall contain an area less than 6,250 square feet or have a width at the building line less than fifty (50) feet. 2. The setback, parking requirements, and lot coverage (per paragraph3, below), must be met for all proposed dwelling units. There shall be no minimum lot area per dwelling unit requirement in this district. 3. If a lot or tract has less area or width than herein required and was of record at the time of the effective date of this Chapter, that lot may be used for any purpose permitted in the 0-1 Office District. E. YARD REQUIREMENTS 1 . Front Yard: There shall be a front yard having a depth of not less than twenty- five (25) feet. 2. Side Yard: a. There shall be two (2) side yards, one (1) on each side of the building, neither of which shall have a width of less than five (5) feet. b. On a corner lot there shall be a front yard on each street side of such lot. 3. Rear Yard: There shall be a rear yard having a depth of not less than thirty-five (35) feet. F. HEIGHT REQUIREMENTS The maximum height of all principal buildings and structures shall not exceed thirty-five (35) feet and the maximum height of all accessory buildings and structures shall not exceed twenty-five (25) feet. 90 REPRINTED SEPTEMBER 2006 SECTION 46-49 SECTION 46-50. OR - OFFICE RESEARCH DISTRICT A. PURPOSE The OR Office Research District is designed to allow for the establishment of corporate headquarters and research laboratories and facilities in a spacious setting containing large amounts of open space, which constitutes an appropriate entryway to The City of Lake Forest from the west. B. CONDITIONS OF USE Uses allowed in the OR Office Research District are subject to the following conditions: 1 . All business, servicing, processing and storage shall be conducted within, and all equipment shall be located in, completely enclosed buildings. 2. No manufacturing or assembly shall be permitted, except as is incidental to or accessory to the principal use of the premises. 3. No merchandise shall be displayed or handled on the premises, except such as is incidental or accessory to the principal use of the premises. 4. No use established in the OR District shall produce any noise, vibrations, smoke dust, odor or other similar noxious environmental impacts which can be measured outside of any building. C. PERMITTED USES The following uses are permitted in the OR Office Research District: 1 . Corporate headquarters. 2. Offices: business, professional and governmental. 3. Medical laboratories and scientific research laboratories including, but not limited to pure research, product development and research manufacturing facilities; provided, however, that no such laboratories shall be utilized for animal research or experimentation nor shall any use of such laboratories result in offensive noises or odors, hazardous conditions or other similar noxious environmental impact. 4. Accessory uses incidental to and located within an office structure, and primarily for service to and use of the employees of the office development as follows: a. Banks and other financial institutions, not including drive-up facilities; b. Retail sales for the convenience of the occupants of the development such as newsstands, tobacconists, drugstores and barber shops; C. Recreational and health club facilities; d. Private clubs, employee cafeterias and standard restaurant facilities; e. Such accessory uses shall be subject to the following limitations: i. Such establishments shall not have an outdoor entrance or outdoor REPRINTED SEPTEMBER 2006 91 SECTION 4649 sign. ii. Not more than ten percent (10%) of the total gross floor area of any individual building may be devoted to such uses as set forth in Subsection (b) of this Section (4). iii. Not more than twenty-five percent (25%) of the total gross floor area of any individual building may be devoted to such uses. 5. Accessory buildings. D. SPECIAL USES Special uses may be allowed in the OR Office Research District as provided in Section 46-24. E. LOT SIZE, COVERAGE AND OPEN SPACE REQUIREMENTS 1 . Minimum Lot Size. Each lot shall contain not less than ten (10) acres. 2. Maximum Coverage by Structures. The sum total of the ground area covered by all structures shall not exceed twenty-five percent (25%) of the zoning lot. 3. Minimum Open Space. The sum total of the ground area continuously maintained unobstructed by buildings or other structures of off-street parking and loading and appropriately landscaped as permanent open space shall not be less than twenty-five percent (25%) of the zoning lot. Walkways and bicycle paths shall be counted as open space, even if covered with impervious surfaces. F. FLOOR AREA RATIO The maximum gross square footage of building area permitted on the site shall not exceed a floor area ratio of .25. G. YARD REQUIREMENTS No principal or accessory building shall be located closer to a property line than as follows: 1 . Front Yard -- 100 feet, except 150 feet along Illinois Route 60. 2. Corner Side Yard -- 100 feet. 3. Interior Side Yard -- 40 feet. 4. Rear Yard -- 25 feet. 5. Transitional Yards Adjacent to Residential Districts -- 150 feet. In addition, parking shall not be permitted within 25 feet of a residential district and there shall be dense, year-round landscaping of that 25 foot space. H. HEIGHT REQUIREMENTS The maximum height of any building shall not exceed forty-five (45) feet. Mechanical REPRINTED SEPTEMBER 2006 92 SECTION 46-49 equipment or other utility components may be located on the roof of a building above such height but shall be screened from public view with materials harmonious with the building in order to minimize the appearance of any such mechanical equipment or other utility components, or they shall be located so as not to be visible form any public street, residential area or right-of-way. I. NUMBER OF BUILDINGS ON A ZONING LOT The principal buildings are allowed on a zoning lot, except that there shall be not less than fifty (50) feet between principal buildings, unless buildings are connected by pedestrian bridges. J. PARKING AND LOADING REQUIREMENTS Required off-street parking and loading spaces shall be provided in accordance with the provisions of Article IX (Off-Street Parking and Loading) of this Chapter 46 of the City Code. In addition, no off-street parking lot shall be located within fifteen (15) feet of a side or rear lot line (25 feet adjacent to a residential district lot line), and no parking structure shall be located in any portion of any required yard. 1 . Land Banking of Required Parking Accessory to Office Uses. Notwithstanding any other provision of this Ordinance, the total number of off- street parking spaces required to be paved pursuant to Section 46-60 of the Zoning Code for office and research uses in the OR District may be reduced by up to twenty percent (20%), subject to acceptance of the following conditions by the property owner: a. The City Manager shall have the right to direct and require the property owner or his successor, at any time subsequent to the completion of the , development, to increase the number of parking spaces provided to serve said development up to the maximum required by this Ordinance for the property in question as if no special permit for land banking had been granted. b. An application for a reduction in parking spaces pursuant to this SECTION shall be accompanied by alternate detailed parking plans. One plan shall show the full number of parking spaces required pursuant to Section 46-60, above; the other plan shall show the reduced number of parking spaces proposed to be provided and shall also show the landscaping treatment of areas proposed to be reserved for future parking requirements. Both such plans shall show the location on the site of all parking areas, the exact number of parking spaces to be provided, and complete details for wheel stops, markings, drainage, surfacing, screening and landscaping, lighting and access. The location, arrangement, access, surface drainage, wheel stops and screening and landscaping, and illumination of such parking area shall be subject to the approval of the approval of the City Engineer. C. As a condition of the grant of such reduction, the applicant shall file with the City Clerk his unconditional agreement that areas reserved for future parking shall be maintained as landscaped open space until and unless required to be used for off-street parking pursuant to such special permit. The agreement and covenant shall be recorded with the Recorder of Deeds of Lake County, Illinois. 2. Loading Requirements. a. For buildings with 50,000 to 250,000 square feet (gross), one loading REPRINTED SEPTEMBER 2006 93 SECTION 4649 space is required. b. For buildings with more than 250,000 square feet (gross), two loading spaces are required. K. LANDSCAPE PLAN Prior to the issuance of a building permit for any development in the OR Office Research District, a landscape plan shall be submitted to and approved by the Director of Parks, Forestry & Public Works. All open space areas [areas not developed with a building or an impervious surface and not considered natural resources as described in paragraph (L), below] shall be appropriately landscaped in accordance with said plan and shall include the following, which shall be considered minimum requirements: 1 . All areas required to be landscaped shall be covered with turf, ground cover and/or other plantings. 2. Only those portions of the lot or building site which are used directly for parking spaces, aisles, driveways or walkways, shall be paved. 3. One tree shall be provided for each one thousand (1 ,000) square feet of required open space, which trees shall be not less than three and one-half(3.5) inches in caliper. All trees shall be of the type and variety specified in the landscape plan and shall be located in general conformity with the landscape plan. Credit shall be given for existing trees. 4. In parking areas, at least one hundred twenty (120) square feet of landscaping shall be provided for every six (6) required parking spaces. 5. Any earth berms included in the landscaping plan shall be rounded and natural in character and shall be designed to obscure automobiles. No such berm shall have a slope steeper than one (1) foot of vertical rise for every two (2) feet or horizontal run. L. NATURAL RESOURCES To the extent, possible, the development of all site plans must incorporate the preservation of existing environmental features on the site. Said features to be preserved shall include floodplain, wetlands, woodlands, and all other natural features worthy of preservation. M. REFUSE COLLECTION AREAS All refuse collection areas shall be contained within the walls of the office structure and shall be refrigerated if they contain food or other putrescible materials. 94 REPRINTED SEPTEMBER 2006 SECTION 4649 M OUTDOOR STORAGE No outdoor storage shall be permitted. O. TELEPHONE AND ELECTRICAL SERVICE All on-site electrical lines and telephone lines installed after the effective date of this Ordinance shall be placed underground. Transformer or terminal equipment shall be visually screened from view, from streets and adjacent properties. P. MODIFICATIONS The City Council may approve modifications in connection with a particular development plan which are consistent with the purposes of this Ordinance. SECTION 46-51. OR 2 - OFFICE RESEARCH DISTRICT A. PURPOSE The OR2 Office Research District is designed to allow for the establishment of corporate headquarters, business offices, research laboratories, and other compatible facilities in a spacious setting containing large amounts of open space, which can provide a land use buffer between the Illinois Tollway on the west and the natural resource residential areas to the east, and constitute an appropriate entryway to The City of Lake Forest from the west. B. CONDITIONS OF USE Uses allowed in the OR2 Office Research District are subject to the following conditions: 1 . All business, servicing, processing and storage shall be conducted within, and all equipment [except as otherwise provided in Subsection (H) hereof) shall be located in, completely enclosed buildings. 2. No manufacturing or assembly shall be permitted, except as is incidental to or accessory to the principal use of the premises. 3. No merchandise shall be displayed or handled on the premises, except as expressly permitted pursuant to Subsection C of this Section and except such as is incidental or accessory to the principal use of the premises. 4. No uses established in the OR2 District shall produce any unreasonably offensive noise, vibration, smoke, dust, odor, or other similar noxious environmental impact which can be detected beyond the district boundary lines. C. PERMITTED USES The following uses are permitted in the OR2 Office Research District: 1 . Corporate headquarters. 2. Offices: business, professional and governmental. REPRINTED SEPTEMBER 2006 95 SECTION 4649 3. Medical laboratories and scientific research laboratories including, but no limited to, pure research, product development and research manufacturing facilities; provided, however, that no such laboratories shall be utilized for animal research or experimentation. 4. Day-care facilities. 5. Hotel, motel and uses associated with such hotel or motel use on the same site provided such use is developed in an OR2 District having a minimum gross area (including public and private rights-of-way) if 200 acres, and provided further that, except for restaurants, no outdoor signage may identify any permitted associated use. The following are specifically permitted associated uses: a. Restaurant; b. Banquet and ballroom facilities (including food and/or liquor service when required); C. Liquor service, including lounge areas; d. Live entertainment; e. Recreational, health and social facilities or clubs (including, but not limited to, game courts, swimming pools, and exercise areas limited to hotel guests or club members and their visitors); f. Meeting/conference rooms; g. Convenience item shops; h. Laundry and housekeeping facilities; i. Vending machines; and j. Retail business uses as listed in Section 46-52-(C) of this Code, provided that such uses occupy no more than forty percent (40%) of the ground floor area on such hotel site. 6. Restaurants, recreational clubs, and health clubs when located within an office structure and not occupying more than twenty-five percent (25%) of the floor area of such structure. 7. Banks and other financial institutions not including drive-up facilities when located in an office structure. 8. Accessory uses incidental to, and located within, an office structure, and primarily for service to, and use by, the employees within the OR2 District, as follows: a. Retail sales for the convenience of the occupants of the district including, but not limited to, newsstands, tobacconists, drugstores and office supply stores; b. Retail services for the convenience of the occupants of the district REPPJNTED SEPTEMBER 2006 96 SECTION 46-49 including, but not limited to, dry cleaning, tailoring, shoe repair, photocopying and blueprinting, travel bureaus, and barber shops; C. Private clubs and employee cafeterias; d. Such accessory uses shall be subject to the following limitations: i. Such establishments shall not have an outdoor entrance or outdoor sign. ii. Not more than ten percent (10%) of the total gross floor area of any individual building may be devoted to uses listed in Subsections (8)-(a) and (8)-(b), above. iii. Not more than twenty-five percent (25%) of the total gross floor area of any individual building may be devoted to such uses. iv. Except for private clubs, the hours of operation of such uses shall generally coincide with the office hours maintained in the building. 9. Accessory buildings. 10. Temporary and permanent signs as permitted in Chapter 36 of the City Code, except as follows: a. One (1) free-standing sign per lot not exceeding one hundred (100) square feet in signage area may be erected provided that said sign shall: i. not exceed six (6) feet in height, if lighted; ii. not exceed ten (10) feet in height, if not lighted. b. One (1) wall sign shall be permitted on the front facade of a principal building having an area not exceeding twice the number of lineal feet of such facade or two hundred fifty (250) square feet, whichever is less. 11. Parking lots as a stand alone use if located on parcels in common ownership with an adjacent, OR-2 property which is already developed with a principal building in a manner consistent with the OR-2 zoning district. D. SPECIAL USES Special uses may be allowed in the OR 2 Office Research District as provided in Section 46-24. E. DISTRICT SIZE, LOT SIZE, COVERAGE AND OPEN SPACE REQUIREMENTS 1 . Minimum District Size. No area consisting of fewer than 150 contiguous acres (including public and private rights-of-way) may be classified in the OR-2 District. REPRINTED SEPTEMBER 2006 97 SECTION 46-09 2. Minimum Lot Size. Each lot shall contain not less than five (5) acres. a. Except that a minimum lot size of two (2) acres shall be permitted for: i. Property in common ownership with any adjacent OR-2 property which is already developed in a manner consistent with the OR-2 zoning district, or ii. The property is to be used solely for open space. 3. Maximum Coverage by Buildings. The sum total of the ground area covered by all buildings shall not exceed thirty-five percent (35%) of the zoning lot. 4. Minimum Open Space. The sum total of the ground area continuously maintained unobstructed by buildings or other structures of off-street parking and loading and appropriately landscaped as permanent open space shall not be less than twenty-five percent (25%) of the zoning lot. Walkways, pedestrian areas, and bicycle paths shall be counted as open space, even if covered with impervious surfaces. F. FLOOR AREA RATIO The maximum gross square footage of building area permitted on a zoning lot shall not exceed a floor area ratio of .50. 1 . Only the lot area as reflected on a current property survey shall be used to determine the maximum gross square footage of building area permitted except in the event the land is dedicated for State Highway purposes and all of the following criteria are met. a) The property is zoned OR-2 b) The property has been developed at the time of the rigbt-of-way dedication. C) The right-of-way is required for improvements to a State Highway. d) The right-of-way dedication from a single zoning lot does not exceed one acre. e) The dedication occurred after January 1 , 2003. G. YARD REQUIREMENTS Each principal or accessory building shall provide minimum yards as follows: 1 . Front Yard. 100 feet, except 150 feet along Illinois Route 60. 2. Total Side Yards. 100 feet, with not less than 25 feet for any side yard, except 150 feet along Illinois Route 60. 3. Total Side Yards (corner lot). 100 feet, with not less than 25 feet for any interior side yard and not less than 50 feet for any corner side yard, except 150 feet along Illinois Route 60. 4. Rear Yard. 25 feet, except 150 feet along Illinois Route 60. 5. Transitional Yards Adjacent to Residential Districts. 100 feet. In addition, parking shall not be permitted within 25 feet of a residential district and there shall be dense, year-round landscaping of that 25-foot space. 98 REPRINTED SEPTEMBER 2006 SECTION 46-49 H. HEIGHT REQUIREMENTS The maximum height of any principal building shall not exceed seventy-five (75) feet, and no accessory building shall exceed thirty (30) feet in height. Mechanical equipment or other utility components may be located on the roof of a building above such height but shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public street or residential area. I. NUMBER OF BUILDINGS ON A ZONING LOT Multiple principal buildings are allowed on a zoning lot, except that there shall be not less than fifty (50) feet between principal buildings, unless buildings are connected by pedestrian bridges or parking decks. J. PARKING AND LOADING REQUIREMENTS 1 . General. Required off-street parking and loading berths shall be provided in accordance with Article IX (Off-Street Parking and Loading) of this Chapter 46 of the City Code. In addition, any off-street parking area shall be set back at least fifty (50) feet from any street line and no such parking area shall be located within fifteen (15) feet of a side or rear lot line (25 feet adjacent to a lot line of an existing residential use). This space intentionally left hlank 98. 1 REPRINTED SEPTEMBER 2006 SECTION 4649 2. Land Banking of Required Parking Accessory to Office Uses. Notwithstanding any other provision of this Ordinance, the total number of off- street parking spaces required to be paved pursuant to Section 46-60 of the Zoning Code for uses in the OR2 District may be reduced by up to twenty percent (20%) subject to approval by the City Manager and subject to the following. a. An application for a reduction in parking spaces pursuant to this Section shall be accompanied by alternate detailed parking plans. One plan shall show the full number of parking spaces required pursuant to Section 46-60; the other plan shall show the reduced number of parking spaces proposed to be provided and shall also show the landscaping treatment of areas proposed to be reserved for future parking requirements. Both such plans shall show the location on the site of all parking areas, the exact number of parking spaces to be provided, and complete details for markings, drainage, surfacing, screening and landscaping, lighting and access. The location, arrangement, access, surface drainage, screening and landscaping, and illumination of such parking area shall be subject to the approval of the City Engineer. b. As a condition of the approval of such reduction, the applicant shall file with the City Clerk his unconditional agreement and covenant, in form and substance approved by the City Attorney, that areas reserved for future parking shall be maintained as landscaped open space until and unless required to be used for off-street parking pursuant to Subsection (c), below. The agreement and covenant shall be recorded with the Recorder of Deeds of Lake County, Illinois. C. At any time after the completion of the development, the City Manager may, in order to promote the safety and convenience of the public or to avoid parking congestion on the subject property, require the property owner to increase the number of parking spaces provided to serve said development up to the maximum required by this Ordinance as if no approval for land banking had been granted. K. LANDSCAPE PLAN Prior to the issuance of a certificate of Occupancy for any development in the OR2 Office Research District, a landscape plan shall be submitted to and approved by the Director of Parks, Forestry & Public Works. All areas not developed with a building or an impervious surface and not considered natural resources as described in paragraph (L), below, shall be appropriately landscaped in accordance with said plan, but no such plan shall be disapproved that satisfies the following requirements: 1 . All areas required to be landscaped shall be covered with turf, ground cover and/or other plantings. 2. Those portions of the lot that are used for parking spaces, aisles, or driveways shall be paved with a hard surface. 3. Trees shall be provided on each lot with a total caliper of three and one-half (3.5) inches for each one thousand (1 ,000) square feet of required open space; provided, however, that no required tree shall be less than two and one-half (2.5) inches in caliper. All trees shall be of the type and variety specified in the landscape plan and shall be located in general conformity with the landscape plan. Credit shall be given for existing trees. REPRINTED AUGUST 2005 99 SECTION 46-51 4. Except for structured or covered parking areas, at least ninety (90) square feet of landscaping shall be provided for every six required parking spaces within parking areas. A reasonable landscaped buffer shall be provided adjacent to any free-standing parking structure. 5. Any earth berms included in the landscaping plan shall be rounded and natural in character. No such berm shall have a slope steeper than one (1) foot of vertical rise for every two (2) feet of horizontal run. 6. Landscaping shall be installed within a reasonable time unless an extension is granted by the Director of Parks, Forestry and Public Works, in which event a bond shall be posted to guarantee installation. L. NATURAL RESOURCES To the extent possible, the development of all zoning lot plans must incorporate the preservation of existing environmental features on the lot, including floodplain, wetlands, woodlands, and all other natural features worthy of preservation. Such natural resource areas shall be included as required open space, but in no event shall this Section (L) require that the area available for buildings and other structures (including off-street parking and loading spaces) be reduced to less than sixty percent (60%) of the gross lot area. M. REFUSE COLLECTION AREAS All refuse collection areas shall be contained within the walls of the office structures and shall be refrigerated if they contain food or other putrescible materials. N. OUTDOOR STORAGE No outdoor storage shall be permitted. O. TELEPHONE AND ELECTRICAL SERVICE All on-site electrical lines and telephone lines hereafter installed shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. SECTION 46-52. B-I NEIGHBORHOOD BUSINESS DISTRICT A. PURPOSE The B-1 Neighborhood Business District is designed to accommodate small retail and service businesses required for the frequently recurring needs of persons residing in adjacent or nearby residential areas. B. CONDITIONS OF USE Uses allowed in the B-1 District are subject to the following conditions: 1 . All business establishments shall be retail or service establishments dealing REPRINTED AUGUST 2005 100 SECTION 46-52 directly with consumers and oriented to the needs of residence in the surrounding neighborhoods. All goods produced on the premises shall be sold at retail on the premises where produced. 2. All business, servicing, processing, and storage shall be conducted within completely enclosed buildings, except for the following: outdoor dining, produce or flower markets, the sale of gasoline, the sale of items of a seasonal nature including Christmas trees, bedding plants and small shrubs when authorized by a Certificate of Zoning Compliance. 3. Outdoor storage is permitted only when it is screened from view. The required screening may be fencing, landscaping, or walls, and must be of sufficient height and density that the storage area is screened from view, from ground level up to a point seven (7) feet above the ground level of the adjoining street or property. No outside storage is permitted to rise above the screening. 4. Outdoor uses, not including storage areas, must be located wholly on private property, shall no impeded pedestrian or vehicle circulation, and shall not eliminate or encroach upon required parking spaces unless the parking spaces are designated only for employee parking. In addition, no more than three required on site parking spaces may be used, and permits for off site parking must be purchased prior top authorization of the outdoor use to replace the lost spaces on a one to one basis. The Director of Community Development may waive the requirement for purchase of permits for off site parking if documentation is submitted by the petitioner to demonstrate that adequate on site parking exists to meet the needs of the business. 5. No manufacturing or assembling shall be permitted, except as incidental to the business occupying the premises. 6. The parking of trucks as an accessory use, when used in the conduct of a permitted business listed in this Section, shall be limited to vehicles of not over one and one-half (1-1/2) ton capacity when located within seventy-five (75) feet of a Residence or General Residence District boundary line. 7. A Certificate of Zoning Compliance must be obtained consistent with the provisions of Section 46-20, Administrative Officer, of this Code prior to any change of use, expansion of uses on a site, and prior to the issuance of a building permit. 8. The uses and development shall be consistent with the Comprehensive Plan. C. PERMITTED USES Permitted uses in the B-1 Neighborhood Business District are listed in Table 1 . If an applicant demonstrates to the satisfaction of the Director of Community Development that a use not specifically listed in Table 1 is consistent with the intent of the zoning district, and is similar and compatible with the listed permitted uses in the B-1 District, the Director of Community Development may allow the new use. The Director of Community Development shall document all such decisions in writing, provide a copy of the decision to the Plan Commission for information, and make a copy available for public review upon request. 101 REPRINTED AUGUST 2005 SECTION 46-52 Applications for new developments for uses that are permitted outright in the B-1 Zoning District, shall be forwarded to the Building Review Board by the Director of Community Development after the following review standard has been satisfied. The overall site plan and traffic study have been reviewed and found by the Public Works Engineering and Public Safety Departments to have no material adverse impacts upon the uses or users of the site, upon any adjacent site or facility, or upon the surrounding business district. I . Restaurants — Performance Standards In addition to all other applicable provisions of the Code, all types of restaurants must be found to be in compliance with the following Performance Standards prior to the issuance of a building permit. I . Applicable parking requirements of the Code must be satisfied or any necessary variances must be approved by the appropriate Board or Commission and the City Council. 2. A parking plan detailing number of employees, the location for employee parking, estimated customers at various times, the location of customer parking, and information on valet parking if provided or required, must be submitted for review and approval. 3. The review and approval process of the Building Review Board or Historic Preservation Commission must be completed. The approval must include all required elements including: new construction, storefront alterations, additions, demolitions, screening of mechanical equipment, Approval of landscaping, awnings, lighting and signage by the appropriate Board or Commission must occur prior to the issuance of an occupancy permit. 4. The City Council review and approval process for any liquor license, if applicable, must be completed. The hours of operation of the restaurant shall conform to any requirements of the liquor license. For restaurants that do not require liquor licenses the hours of operation shall conform to the hours of existing restaurants in the community. 5. Details of the air filtration system and an operation and maintenance schedule for the exhaust and filter systems must be provided in the building permit submittal application. Issuance of the building permit shall not occur until the systems along with the operation and maintenance schedules have been approved. 6. No loud speakers or amplification of sound are permitted outside the building. 7. Schedules for deliveries and trash pickup must be submitted and found to be acceptable to the City. 8. For all restaurants, egress and access to the site and delivery areas shall be located to minimize the impact of traffic, light and noise on the single family homes. 102 REPRINTED AUGUST 2005 SECTION 46-52 D. SPECIAL USES Special uses may be allowed consistent with the provisions of Section 46-24 upon the granting of a Special Use Permit for the specific use in accordance with the terms of a Special Use Permit Ordinance therefore. Special uses in the B-1 Neighborhood Business District are set forth in Table I . the Use Matrix. Special Use Permits may also be granted to allow increased lot coverage or reduced open space requirements as authorized by the B-1 Zoning District. In addition to the standard Special Use Permit criteria in Section 46-24 of the Code, the petitioner shall show that the following criteria are also be satisfied. 1 . A traffic study in a form satisfactory to the City of Lake Forest Public Works, Engineering and Public Safety Departments shall be submitted and shall establish that the proposed use and development will not materially and adversely impair traffic convenience and safety. 2. For drive-thru facilities of any type: • Ingress and egress points are located in a manner that does not create safety hazards for pedestrians or other vehicles. • Pedestrian path ways are provided in areas that are separated from the drive-thru facility and separated from the ingress and egress points to the drive-thm. facility. • Pedestrian access to automatic banking facilities is provided to encourage pedestrian activity in the area. • The drive-thru facility is sited, configured, and screened in a manner that is consistent with the character of the area through landscaping, grade change, fences, walls, or structures so as to minimize the visual impacts on the streetscape. 3. It has been demonstrated that the building can be adapted to different additive uses in the future. 4. For new buildings, the development provides pedestrian links between the development and nearby retail uses. 5. For new buildings and buildings over 500- square feet, additive uses, as identified in Table 1 , the Use Matrix, are incorporated into the development. 6. If a determination is made by the Plan Commission that the proposed development is a meritorious project that materially advances the stated purposes of the B- 1 District and provides specific and identifiable long term benefits to the community, a Special Use Permit may be granted even if criteria 4 and 5 are not fully satisfied. E. LOT SIZE, COVERAGE, AND OPEN SPACE REQUIREMENTS 1 . Minimum Lot Sizes. The zoning lot for each structure containing a permitted use(s) shall contain not less than 5,000 square feet. 2. Maximum Coverage by Structures. The sum total of the ground area covered by all structures shall not exceed thirty (30%) of the zoning lot. A development bonus allowing coverage of up to forty-five (45%) of the zoning lot may be requested through a Special Use Permit. 103 REPRINTED AUGUST 2005 SECTION 46-52 F. YARD REQUIREMENTS. 1 . Front Yard. Except as otherwise herein provided, all buildings and uses allowed in the B-1 District shall provide a front yard of not less than twenty (20) feet in depth. 2. Transitional Yards. In the B-I district, the minimum transitional yard requirements shall not be less than those specified below. a. Where a side lot line coincides with a side or rear lot line in an adjacent Residence or General Residence District, a yard shall be provided along such side lot line equal in dimension to the minimum side yard which would be required under this Chapter for a residential use on the adjacent residential lot. b. Where a rear lot line coincides with a side lot line in an adjacent Residence or General Residence District, a yard shall be provided along such a rear lot line equal in dimension to the minimum side yard which would be required under this Chapter for a residential use on the adjacent residential lot. C. Where a rear lot line coincides with a rear lot line in an adjacent Residence or General Residence District, a yard shall be provided along such rear lot line equal in dimension to the minimum rear yard which would be required for a residential use on the adjacent. G. HEIGHT REQUIREMENTS The maximum height of all principal buildings and structures shall not exceed thirty-five (35) feet and the maximum height of all accessory buildings and structures shall not exceed twenty-five (25) feet. H. OPEN SPACE REQUIREMENT At Least fifteen percent (15%) of the zoning lot shall remain as permanent open space configured on the site to provide a gathering space to accommodate pedestrian uses associated with the use and other uses in the area. Such open space shall be designed to enhance the visual character of the streetscape in the vicinity of the lot. The open space shall be landscaped in accordance with an approved plan and shall be continuous ground area unobstructed by buildings or surface parking areas. Walkways, pedestrian gathering areas and bicycle paths shall be counted as open space even through they may be an impervious surface. A development bonus reducing the required amount of open space to 10% of the zoning lot may be requested through a Special Use Permit. I. SITE PLAN AND DESIGN REVIEW The unique character of the B- 1 District is reflected by the orientation of buildings in relation to the heavily traveled streets, Waukegan and Everett Roads, which run through this area. Site plans are intended to allow and encourage customers to move between uses on the same side of the street, without driving from use to use. In order to ensure the orderly development of properties within the B-1 District in a manner consistent with the overall character of the District, all proposed development within the B-1 District shall be subject to the site plan and design review requirements of this Subsection 1. 104 REPRINTED AUGUST 2005 SECTION 46-52 1 . Application Requirements — All proposed developments within the B- 1 District, shall be subject to the following Site Plan and Design Review standards. In addition to the application requirements for the Building Review Board, the following information shall be provided as part of the application; if applicable: • Lot Area. • A site plan showing building foot prints, landscaped areas, open space, locations of outdoor uses, parking areas and walkways. • A floor plan delineating the existing and proposed floor area. • Existing and proposed number of dwelling units. • Parking calculations showing the number of spaces required and the number of existing and proposed spaces. If parking requirements are to be met through a variance or Special Use Permit, this request must accompany the development application. • A narrative that explains how the proposed development meets the District Site Plan and Design Review Standards. • A traffic study shall be submitted including, but not limited to, the following information: the volume of traffic that will be generated by the proposed uses, the traffic circulation patterns, a study of how ingress and egress to parking lots and drive thm facilities will enhance or impair pedestrian activity, and how existing streets will be impacted. • A description of the proposed uses of the building and information on covenants or restrictions that will be placed on the development to ensure a mix of uses in the future. • A plan illustrating how the building and overall site can be adaptively reused in the future for an alternative use. • Such additional information as the Director of Community Development deems necessary to properly review the application. 2. Site Plan and Design Review Standards — All properties in this district are under the purview of the Building Review Board. In addition to the standard criteria used by the Building Review Board, development proposals should be reviewed to ensure that they preserve and enhance the character and value of the district, and are consistent with the Comprehensive Plan direction for the Settler's Square area. To make this determination, the Building Review Board shall evaluate the petition subject to the following standards. • The front of buildings should be oriented to Waukegan Road to create a continuous edge and a unified streetscape. • Parking lots should be placed to the rear of the building envelopes and should be screened through landscaping, grade changes or other methods to minimize visibility from Waukegan Road. • Two story buildings should be constructed to provide a cohesive visual character along Waukegan Road. • All elevations of the building visible from the streetscape, pedestrian paths and gathering areas, or from adjacent residential neighborhoods, should be detailed to a consistent level. • Architectural styles, building elements, proportions, massing, materials, detailing, and signage should be consistent with, and complimentary to, existing buildings in the district and the overall character of Settler's Square. • The exterior of the building is designed in a manner that lends itself to adaptive reuse in the future. • Natural, high quality building materials should be used fore the exterior of buildings. 105 REPRINTED AUGUST 2005 SECTION 46-52 • Landscape and streetscape treatments shall include, but not limited to burying utilities, screening all mechanical equipment, planting street trees and foundation plantings, installing street furniture, providing variety in building setbacks, constructing pedestrian connections and creating open spaces. • Pathways should be designed to support and encourage pedestrian use and should provide the opportunity for pedestrians to move from one use to another. • In order to enhance the character of the District and promote the commercial vitality of the area, outdoor dining and gathering spaces, as well as other amenities that will promote evening activities, should be incorporated into developments. In order to encourage additional pedestrian activity to enhance the commercial vitality of the area, small spaces such as gardens and courtyards should be designed and incorporated into developments. 3 . Review of Development Proposals — Proposals for development in the B-1 Neighborhood Business District shall be reviewed consistent with the procedures for all properties reviewed by the Building Review Board. In the event that variances are requested, or a Special User Permit is required, the project shall be forwarded to the appropriate Board or Commission prior to action by the Building Review Board. SECTION 46-53 CENTRAL BUSINESS DISTRICT ZONING PURPOSE The B-2, B-3, and B-4 zoning districts comprise the Central Business District of the City of Lake Forest. As is the case in many other small cities, the success of individual enterprises is intrinsically tied to the other businesses within, and the overall quality of, the business core. Property owners and businesses within the central business district benefit from the synergies resulting from a well planned, appealing, and customer-friendly commercial center. In Lake Forest, this is especially true because of the continued success that historic Market Square has demonstrated. Accordingly, the purpose of the Central Business District regulations is to preserve and enhance the elements of the City's central business district that have brought value to the property, success to the merchants, and benefit to the residents of the City. The planned development provision included in this Section is intended to allow flexibility in order to achieve the stated intent. SECTION 46-53.1 B-2 COMMUNITY COMMERCIAL BUSINESS DISTRICT A. PURPOSE The B-2 Community Commercial Business District is oriented toward retail, service businesses and multi-family residential development. All or a significant portion of parking for individual developments is provided on site, no public parking lots are available in this District. The B-2 District is located along Western Avenue at the north and south ends of the Central Business District. There are fewer historic buildings and there is less orientation to pedestrians than in the B-3 and B-4 Districts. The District's link to the other business districts is along Western Avenue and Bank Lane. The B-2 District provides for a greater variety of goods and services than permitted in the B-3 and B-4 Districts. B. CONDITIONS OF USE Uses allowed in the B-2 Community Commercial Business District are subject to the following conditions: 106 REPRWTED AUGUST 2005 SECTION 46-53.2 1 . All business, servicing, processing, displays, and storage shall be conducted within completely enclosed buildings, except for the following: outdoor dining, produce or Dower markets, the sale of new or used automobiles, the sale of gasoline, the sale of items of a seasonal nature including Christmas trees, bedding plants and small shrubs when authorized by a Certificate of Zoning Compliance. 2. Outdoor storage is permitted only when it is screened from view. The required screening may be fencing, landscaping, or walls and must be of sufficient height and density that the storage area is screened from view from ground level up to a point seven (7) feet above the ground level of the adjoining street or property. No outside storage is permitted to rise above the screening. 3. Outdoor uses, not including storage areas, must be located wholly on private property, shall not impede pedestrian or vehicle circulation, and shall not eliminate or encroach upon required parking spaces unless the parking spaces are designated only for employee parking. In addition, no more than three of the required on site parking spaces may be used and permits for off site parking must be purchased prior to authorization of the outdoor use to replace the lost spaces. The Director of Community Development may waive the requirement for purchase of permits for off site parking if documentation is submitted by the petitioner to demonstrate that adequate on site parking exists to meet the needs of the business. 4. No manufacturing or assembling shall be permitted except as incidental to the business occupying the premises. 5. A certificate of Zoning Compliance must be obtained consistent with the provisions of Section 46-20, Administrative Officer, of this Code prior to any change of use, expansion of uses on a site, and prior to the issuance of a building permit. 6. The uses and development shall be consistent with the Comprehensive Plan. C. PERMITTED USES Permitted uses in the B-2 Community Commercial Business District are listed in Table 1 . If an applicant demonstrates to the satisfaction of the Director of Community Development, that a use that is not specifically listed in Table 1 is consistent with the intent of the zoning district, and is similar and compatible with the listed uses, the Director of Community Development may allow the new use. The Director of Community Development shall document all such decisions in writing, provide a copy of the decision to the Plan Commission for information, and make a copy available for public review upon request. 1 . Restaurants — Performance Standards In addition to all other applicable provisions of the Code, all types of restaurants must be found to be in compliance with the following Performance Standards prior to the issuance of a building permit. 1 . Applicable parking requirements of the Code must be satisfied or any necessary variances must be approved. 2. A parking plan detailing number of employees, the location for employee parking, estimated customers at various times, the location of customer parking, REPRINTED AUGUST 2005 107 SECTION 46-53.2 and information on valet parking if provided or required, must be submitted for review and approval. 3 . The review and approval process of the Building Review Board or Historic Preservation Commission must be completed. The approval must include all required elements including: new construction, storefront alterations, additions, demolitions, screening of mechanical equipment, and trash enclosures. Approval of landscaping, awnings, lighting and signage by the appropriate Board or Commission must occur prior to the issuance of an occupancy permit. 4. The City Council review and approval process for any liquor license, if applicable, must be completed. The hours of operation of the restaurant shall conform to any requirements of the liquor license. For restaurants that do not require liquor licenses, the hours of operation shall conform to the hours of existing restaurants in the community. 5. Details of the air filtration system and an operation and maintenance schedule for the exhaust and filter systems must be provided in the building permit submittal application. Issuance of the building permit shall not occur until the systems along with the operation and maintenance schedules have been approved. 6. No loud speakers or amplification of sound are permitted outside the building. 7. Schedules for deliveries and trash pickup must be submitted and found to be acceptable to the City. 8. For all restaurants egress and access to the site and delivery areas shall be located to minimize the impact of traffic, light and noise on the single family homes. D. SPECIAL USES Special uses may be allowed consistent with the provisions of Section 46-24 upon the granting of a Special Use Permit for the specific use in accordance with the terms of a Special Use Permit Ordinance therefore. Special uses in the B-2 Community Business District are set forth in Table 1, the Use Matrix. Special Use Permits may also be granted to allow development incentives as provided for in Section 46-53.4, Planned Development. In addition to the standard Special Use Permit criteria in Section 46-24 of the Code, the petitioner shall show that the following criteria are also be satisfied. 1 . A traffic study in a form satisfactory to the City of Lake Forest Public Works, Engineer, and Public Safety Departments shall be submitted and shall establish that the proposed use and development will not materially and adversely impair traffic convenience and safety. 2. For drive-thru facilities of any type: a. Ingress and egress points are located in a manner that does not create safety hazards for pedestrians or other vehicles. b. Pedestrian path ways are provided in areas that are separated from the drive-thru facility and separated from the ingress and egress points to the drive-thm facility. 108 REPRINTED AUGUST 2005 SECTION 46-53.2 c. Pedestrian access to automatic banking facilities is provided to encourage pedestrian activity in the area. d. The drive-thin facility is sited, configured, and screened in a manner that is consistent with the character of the area through landscaping, grade change, fences, walls, or structures so as to minimize the visual impacts on the streetscape. 3. It has been demonstrated that the building can be adapted to different additive uses in the future. 4. For new buildings, the development provides pedestrian links between the development and nearby retail uses. 5. For new buildings and buildings over 5,000 square feet, additive uses, as identified in Table 1 , the Use Matrix, are incorporated into the development. 6. If a determination is made by the Plan Commission that the proposed development is a meritorious project that materially advances the stated purposes of the B-2 District and provides specific and identifiable long term benefits to the community, a Special Use permit may be granted even if criteria 4 and 5 are not fully satisfied. E. LOT SIZE AND COVERAGE No specific requirements. F. SETBACK REQUIREMENTS 1 . Front Yard and Comer Side Yard. A setback of five (5) feet from the front and comer side property lines shall be required for all newly constructed and replacement buildings. 2. Where a side lot line of a property in the B-2 District coincides with a side or rear lot line in an adjacent Residence or General Residence District, a setback equal in dimension to the side yard setback required in the adjacent residential district shall be required. 3. Where a rear lot line of a property in the B-2 District coincides with a side lot line in an adjacent Residence or General Residence District, a setback equal in dimension to the side yard setback required in the adjacent residential district shall be required. 4. Where a rear lot line of a property in the B-2 coincides with a rear lot line in an adjacent Residence or General Residence District, a setback equal in dimension to the rear yard setback required in the adjacent residential district shall be required. G. HEIGHT REQUIREMENTS The maximum height of all principal buildings and structures shall not exceed thirty-five (35) feet and the maximum height of all accessory buildings and structures shall not exceed twenty-five (25) feet. H. FLOOR AREA RATIO The Floor Area Ratio for the B-2 District is 0.50. A higher floor area ratio may be considered through the Central Business District Planned Development procedures in Section 46-53.4. 109 REPRINTED AUGUST 2005 SECTION 46-53.2 I. OPEN SPACE REQUIREMENT Ten percent of the zoning lot shall remain as permanent open space configured on the site to provide a gathering space to accommodate the pedestrian uses associated with the use and other uses in the area. Such open space shall be designed to enhance the visual character of the streetscape in the vicinity of the lot. The open space shall be landscaped in accordance with an approved plan and shall be continuous ground area unobstructed by buildings or surface parking areas. Walkways, pedestrian gathering areas and bicycle paths shall be counted as open space even though they may be an impervious surface. J. SITE PLAN AND DESIGN REVIEW The unique character of the B-2 District is reflected not only in the orientation of buildings and improvements as reflected on a traditional site plan, but also in the vertical orientation of buildings and the inter-relationship of buildings, landscaping, the streetscape and other features. In order to ensure the orderly development of properties within the B-2 District in a manner consistent with the overall character of the District, all proposed development within the B-2 District shall be subject to the site plan and design review requirements of this Subsection J. 1 . Application Requirements - All proposed developments within the B-2 District, shall be subject to Site Plan and Design Review standards. In addition to the application requirements for the Building Review Board, the following information shall be provided as part of the application: • Lot Area. • A site plan showing building foot prints, landscaped areas, open space, locations of outdoor uses, parking areas and walkways. • A floor plan delineating the existing and proposed floor area. • Existing and proposed floor area ratio. • Existing and proposed number of dwelling units. • Parking calculations showing the number of spaces required and the number of existing and proposed spaces. If parking requirements are to be met through a variance or Special Use Permit, this request must accompany the development application. • A narrative that explains how the proposed development meets the District Site Plan and Design Review Standards. • A traffic study shall be submitted including, but not limited to, the following information: the volume of traffic that will be generated by the proposed uses, the traffic circulation patterns, a study of how ingress and egress to parking lots and drive thm facilities will enhance or impair pedestrian activity, and how existing streets will be impacted. • A description of the proposed uses of the building and information on any covenants or restrictions that will be placed on the development to ensure specific uses in the future. • A plan illustrating how the building and overall site can be adaptively reused in the future by an alternative use. • Such additional information as the Director of Community Development deems necessary to properly review the application. REPRINTED AUGUST 2005 110 SECTION 46-53.2 2. Site Plan and Design Review Standards — All properties in this district are under the purview of the Building Review Board. In addition to the standard criteria used by the Building Review Board, development proposals should be designed to preserve and enhance the character and value of the district through the application of the following standards. • Bank Lane is the pedestrian spine of the Central Business District. Developments along Bank Lane should complement the pedestrian elements of Bank Lane, both north and south of Market Square, and south of Illinois Road, by incorporating the various standards listed below. • Buildings should be of varying heights, roof lines and architectural styles, facades shall be detailed with windows and offsets of building elements, building setbacks, arcades, awnings and entryways to achieve a human scale and pedestrian friendly street edges. • All elevations of the building visible from the streetscape or from adjacent residential neighborhoods, should be detailed to a consistent level. • Architectural styles, building elements, proportions, massing, materials and detailing should be consistent with, and complimentary to, the overall historic character of the Central Business District. • Natural, high quality building materials should be used for the exterior of buildings. • Landscape and streetscape treatments should include, but not be limited to burying utilities, screening all mechanical equipment, planting street trees, foundation plantings, street furniture, variety in building setbacks, pedestrian connections and open spaces. • Architectural design elements and landscaping should be incorporated to enhance the pedestrian nature and overall streetscape of Western Avenue consistent with the other districts. • Alleyways and pathways should be designed to support and encourage pedestrian use. • In order to enhance the character of the District and promote the commercial vitality of the area, outdoor dining and gathering spaces, as well as other amenities that will promote evening activities, should be incorporated into developments. In order to encourage additional pedestrian activity to enhance the commercial vitality of the area, small spaces such as gardens and courtyards should be designed and incorporated into developments. • Retail uses should be located on the ground floor and residential uses above the ground floor. • Existing dwelling units throughout the district should be maintained. • Landscaping and building design elements should be incorporated into development adjacent to residential districts to create a transition from commercial to residential development. 3. Review of Development Proposals -- Proposals for development in the B-2 Community Commercial Business District shall be reviewed consistent with the procedures for all properties reviewed by the Building Review Board. In the event that variances are requested, the variance shall be forwarded to the appropriate Board or Commission prior to action by the Building Review Board. ill REPRINTED AUGUST 2005 SECTION 46-53.2 SECTION 46-53.2 B -3 TRADITIONAL BUSINESS DISTRICT A. PURPOSE The B-3 Traditional Business District consists of the blocks surrounding the Preservation District. To the north, it includes lots on the north side of Wisconsin Avenue. To the south, it extends to Illinois Road. These regulations are designed to preserve the community's quality of life and the "village" character of the area. In particular, these regulations are intended to preserve the historic buildings, the variety of building sizes and heights, various architectural styles and unique detailing. In addition, the intent is to ensure the continued commercial viability of the District by maintaining the use of quality building materials, encouraging pedestrian traffic, providing generous green space and preserving and enhancing the social gathering spaces in the District. The B-3 District is designed to accommodate a variety of uses in a mutually advantageous setting. Multiple family residential uses are encouraged in the district. B. CONDITIONS OF USE Uses allowed in the B-3 Traditional Business District are subject to the following conditions: 1 . All business, servicing, processing, displays, and storage shall be conducted within completely enclosed buildings, except for the following: outdoor dining, produce or flower markets, the sale of new or used automobiles, the sale of gasoline, the sale of items of a seasonal nature including Christmas trees, bedding plants and small shrubs when authorized by a Certificate of Zoning Compliance. 2. Outdoor storage is permitted only when it is screened from view. The required screening may be fencing, landscaping, or walls and must be of sufficient height and density that the storage area is screened from view from ground level up to a point seven (7) feet above the ground level of the adjoining street or property. No outside storage is permitted to rise above the screening. 3. Outdoor uses, not including storage areas, must be located wholly on private property, unless specifically authorized by permit from the City. Outdoor uses shall not impede pedestrian or vehicle circulation, and shall not eliminate or encroach upon required parking spaces unless the parking spaces are designated only for employee parking. In addition, no more than three of the required on site parking spaces may be used and permits for off site parking must be purchased prior to authorization of the outdoor use to replace the lost spaces. The Director of Community Development may waive the requirement for purchase of permits for off site parking if documentation is submitted by the petitioner to demonstrate that adequate on site parking exists to meet the needs of the business. 4. No manufacturing or assembling shall be permitted except as incidental to the business occupying the premises. 5. A Certificate of Zoning Compliance must be obtained consistent with the provisions of Section 46-20, Administrative Officer, of this Code prior to any change of use, expansion of uses on a site, and prior to the issuance of a building permit. 6. The uses and development shall be consistent with the Comprehensive Plan. 7. Non-Retail Percentage Rule. 112 REPRINTED AUGUST 2005 SECTION 46-53.2 a. Definitions: For purposes of this Subsection , the following definitions shall apply: Area A — The area bounded by Deerpath on the south, Western Avenue on the east, the south side of Westminster on the north, and Forest Avenue on the west. Ground Floor Space — Any space within Area A on the ground floor having frontage on a street alley, or outdoor pedestrian walkway. Non Retail Use — Any use whose predominate activity does not produce sales tax for the City, including but not limited to, banks, brokerage offices, real estate offices, and other business or professional offices. Governmental offices are excluded from the provisions of this Section. Vacancy — A space not regularly occupied and open for business a minimum of 4 days per week on a monthly bases. An exception to allow for temporary business closure may be granted by the Director of Community Development upon written request provided that office equipment and furnishings will remain in the establishment and a date certain for the reopening of the establishment is provided. b. Limitations on Ground Floor Space 1 . Area A - Non-retail uses are permitted in Area A; however, the aggregate total ground floor space devoted to non-retail uses shall be limited to ten percent (10%) of the net rentable square footage of ground floor space within Area A and ten percent (10%) of the street frontage of ground floor space within Area A. c. Such uses on the ground floor in Areas A in excess of the allowed percentages may be permitted by Special Use Permit. d. When a non-retail use vacates a ground floor space in Area A such ground floor space shall retain its non-retail status for a period of 6 months, provided that written notice of the vacation is delivered to the Director of Community Development within thirty (30) days following the vacancy. If written notice is received by the City within 30 days after the vacancy, the space may be reoccupied by a non-retail use so long as a Certificate of Zoning Compliance is granted within 6 months of the date of notification of the vacancy. A 3 month extension of this period may be granted by the Director of Community Development based on a written request from a property owner if building permits for interior renovations have been issued and if the work is progressing. Any vacancy in a ground floor space formerly occupied by a non-retail use for which the notice required in this Subsection is not delivered shall lose its non-retail use status after the expiration of the 30-day notice period. C. PERMITTED USES Permitted uses in the B-3 Community Commercial Business District are listed in Table 1 . If an applicant demonstrates, to the satisfaction of the Director of Community Development, that a use that is not specifically listed in Table 1 is consistent with the intent of the zoning district, and is similar and compatible with the listed permitted uses, the Director of Community Development may allow the new use. The Director of Community Development shall document all such 113 REPRINTED AUGUST 2005 SECTION 46-53.2 decisions in writing, provide a copy of the decision to the Plan Commission for information, and make a copy available for public review upon request. 1 . Restaurants — Performance Standards In addition to all other applicable provisions of the Code, all types of restaurants must be found to be in compliance with the following Performance Standards prior to the issuance of a building permit. 1 . Applicable parking requirements of the Code must be satisfied or any necessary variances must be approved by the appropriate Board or Commission and the City Council. 2. A parking plan detailing number of employees, the location for employee parking, estimated customers at various times, the location of customer parking, and information on valet parking if provided or required, must be submitted for review and approval. 3. The review and approval process of the Building Review Board or Historic Preservation Commission must be completed. The approval must include all required elements including: new construction, storefront alterations, additions, demolitions, screening of mechanical equipment, and trash enclosures. Approval of landscaping, awnings, lighting and signage by the appropriate Board or Commission must occur prior to the issuance of an occupancy permit. 4. The City Council review and approval process for any liquor license, if applicable, must be completed. The hours of operation of the restaurant shall conform to any requirements of the liquor license. For restaurants that do not require liquor licenses, the hours of operation shall conform to the hours of existing restaurants in the community. 5. Details of the air filtration system and an operation and maintenance schedule for the exhaust and filter systems must be provided in the building permit submittal application. Issuance of the building permit shall not occur until the systems along with the operation and maintenance schedules have been approved. 6. No loud speakers or amplification of sound are permitted outside the building. 7. Schedules for deliveries and trash pickup must be submitted and found to be acceptable to the City. 8. For all restaurants egress and access to the site, trash enclosures, and delivery areas shall be located to minimize the impact of traffic, light and noise on the single family homes. D. SPECIAL USES Special uses may be allowed consistent with the provisions of Section 46-24 upon the granting of a Special Use Permit for the specific use in accordance with the terms of a Special Use Permit Ordinance therefore. Special uses in the B-3 Community Business District are set forth in Table 114 REPRINTED AUGUST 2005 SECTION 46-53.2 1 , the Use Matrix. Special Use Permits may also be granted to allow development incentives as provided for in Section 46-53.4, Planned Development. In addition to the standard Special Use Permit criteria in Section 46-24 of the Code, the petitioner shall show that the following criteria are also be satisfied. 1 . A traffic study in a form satisfactory to the City of Lake Forest Public Works, Engineer, and Public Safety Departments shall be submitted and shall establish that the proposed use and development will not materially and adversely impair traffic convenience and safety. 2. For drive-thru facilities of any type: a. Ingress and egress points are located in a manner that does not create safety hazards for pedestrians or other vehicles. b. Pedestrian path ways are provided in areas that are separated from the drive-thru facility and separated from the ingress and egress points to the drive-thm facility. c. Pedestrian access to automatic banking facilities is provided to encourage pedestrian activity in the area. d. The drive-thm facility is sited, configured, and screened in a manner that is consistent with the character of the area through landscaping, grade change, fences, walls, or structures so as to minimize the visual impacts on the streetscape. 3. It has been demonstrated that the building can be adapted to different additive uses in the future. 4. For new buildings, the development provides pedestrian links between the development and nearby retail uses. 5. For new buildings and buildings over 5,000 square feet, additive uses, as identified in Table 1, the Use Matrix, are incorporated into the development. 6. If a determination is made by the Plan Commission that the proposed development is a meritorious project that materially advances the stated purposes of the B-3 District and provides specific and identifiable long term benefits to the community, a Special Use permit may be granted even if criteria 4 and 5 are not fully satisfied. E. LOT SIZE AND COVERAGE No specific requirements. F. SETBACK REQUIREMENTS 1 . Front Yard and Corner Side Yard. A setback of five (5) feet from the front and corner side property lines shall be required for all newly constructed and replacement buildings. 2. Where a side lot line of a property in the B-3 District coincides with a side or rear lot line in an adjacent Residence or General Residence District, a setback equal in dimension to the side yard setback required in the adjacent residential district shall be required. 3. Where a rear lot line of a property in the B-3 District coincides with a side lot line in an adjacent Residence or General Residence District, a setback equal in dimension to the side yard setback required in the adjacent residential district shall be required. 115 REPRINTED AUGUST 2005 SECTION 46-53.2 4. Where a rear lot line of a property in the B-3 coincides with a rear lot line in an adjacent Residence or General Residence District, a setback equal in dimension to the rear yard setback required in the adjacent residential district shall be required. G. HEIGHT REQUIREMENTS The maximum height of all principal buildings and structures shall not exceed thirty-five (35) feet, or three stories, and the maximum height of all accessory buildings and structures shall not exceed twenty-five (25) feet. H. FLOOR AREA RATIO The Floor Area Ratio for the B- 3 District is 0.75. A higher floor area ratio may be considered through the Central Business District Planned Development procedures in Section 46-53.4. I. SITE PLAN AND DESIGN REVIEW The unique character of the B-3 District is reflected not only in the orientation of buildings and improvements as reflected on a traditional site plan, but also in the vertical orientation of buildings and the inter-relationship of buildings, landscaping, the streetscape and other features. In order to ensure the orderly development of properties within the B-3 District in a manner consistent with the overall character of the District, all proposed development within the B-3 District shall be subject to the site plan and design review requirements of this Subsection I. 1 . Application Requirements -- All proposed developments within the B-3 District, shall be subject to Site Plan and Design Review standards listed below. In addition to the application requirements for the Building Review Board or the Historic Preservation Commission, the following information shall be provided as part of the application. • Lot Area. • A site plan showing building foot prints, landscaped areas, open space, locations of outdoor uses, parking areas and walkways. • A floor plan delineating the existing and proposed floor area. • Existing and proposed floor area ratio. • Existing and proposed number of dwelling units. • Parking calculations showing the number of spaces required and the number of existing and proposed spaces. If parking requirements are to be met through a variance or Special Use Permit, this request must accompany the development application. • A narrative that explains how the proposed development meets the District Site Plan and Design Standards. • A traffic study shall be submitted including, but not limited to, the following information: the volume of traffic that will be generated by the proposed uses, the traffic circulation patterns, a study of how ingress and egress to parking lots and drive thru facilities will impact pedestrian enhance or impair activity, and how existing streets will be impacted. • A description of the proposed uses of the building and information on any covenants or restrictions that will be placed on the development to ensure specific uses in the fixture. • A plan illustrating how the building and overall site can be adaptively reused in the future by an alternative use. • Such additional information as the Director of Community Development deems necessary to properly review the application. REPRINTED AUGUST 2005 116 SECTION 46-53.2 2. Site Plan and Design Review Standards — Historic Preservation Commission — For properties under the purview of the Historic Preservation Commission, in addition to the standards in the Historic Preservation Ordinance, development proposals should be designed to preserve and enhance the character and value of the district through the application of the following standards. • Bank Lane is the pedestrian spine of the Central Business District. Developments along Bank Lane should complement the pedestrian elements of Bank Lane, both north and south of Market Square, by incorporating the various elements listed below. • Landscape and streetscape treatments shall include, but not be limited to burying utilities, screening all mechanical equipment, planting street trees, foundation plantings, street furniture, variety in building setbacks, pedestrian connections and open spaces. • Bank Lane should be maintained and enhanced as an important pedestrian spine linking various elements of the Central Business District and providing pedestrian access to retail, residential and office uses from off site parking areas. • Alleyways and pathways designed to support and encourage pedestrian use. • In order to enhance the character of the District and promote the commercial vitality of the area, outdoor dining and gathering spaces, as well as other amenities that will promote evening activities, should be incorporated into developments. • In order to encourage additional pedestrian activity to enhance the commercial vitality of the area, small spaces such as gardens and courtyards should be designed and incorporated into developments. • Retail uses on the ground floor and residential uses above the ground floor. 3 . Site Plan and Design Standards — Building Review Board — For properties under the purview of the Building Review Board, in addition to the standard criteria used by the Building Review Board, development proposals shall be designed to preserve and enhance the character and value of the district through the use of the following elements. • Bank Lane is the pedestrian spine of the Central Business District. Developments along Bank Lane should complement the pedestrian elements of Bank Lane, both north and south of Market Square, by incorporating the various elements listed below. • Buildings shall be of varying heights, roof lines and architectural styles, facades shall be detailed with windows and offsets of building elements, building setbacks, arcades, awnings and entryways to achieve a human scale and pedestrian friendly street edges. • All elevations of the building visible from the streetscape shall be detailed to a consistent level. • Architectural styles, building elements, proportions, massing, materials and detailing shall be consistent with, and complimentary to, the historic character of the district. • Natural, high quality building materials shall be used for the exterior of buildings. • Landscape and streetscape treatments shall include, but not be limited to burying utilities, screening all mechanical equipment, planting street trees, foundation plantings, street furniture, variety in building setbacks, pedestrian connections and open spaces. • Bank Lane shall be maintained and enhanced as an important pedestrian spine linking various elements of the Central Business District and providing pedestrian access to retail, residential and office uses from off site parking areas. • Alleyways and pathways shall be designed to support and encourage pedestrian use. 117 REPRINTED AUGUST 2005 SECTION 46-53.2 ® In order to enhance the character of the District and promote the commercial vitality of the area, outdoor dining and gathering spaces, as well as other amenities that will promote evening activities, should be incorporated into developments. • In order to encourage additional pedestrian activity to enhance the commercial vitality of the area, small spaces such as gardens and courtyards should be designed and incorporated into developments. • Retail uses shall be located on the ground floor and residential uses above the ground floor. • Existing dwelling units throughout the district shall be maintained. • Landscaping and building design elements shall be incorporated into development adjacent residential districts to create a transition from commercial to residential development. 4. Review of Development Proposals — All proposals for development in the B-3 Traditional Business District shall be reviewed consistent with the procedures for all properties reviewed by the Building Review Board and Historic Preservation Commission. In the event that variances are requested, the variance shall be forwarded to the appropriate Board or Commission prior to action by the Building Review Board or Historic Preservation Commission. SECTION 46-533 B - 4 PRESERVATION BUSINESS DISTRICT A. PURPOSE The B-4 Preservation Business District is designed to preserve the unique attributes of the historic retail, residential and office core of the City. This District consists entirely of buildings that are within the National Register District and the local historic district. Any changes to the buildings are subject to review by the Lake Forest Historic Preservation Commission. Little or no on-site parking is available within the District. These regulations are designed to preserve the community's quality of life and the "village" character of the core area. In particular, these regulations are intended to preserve the historic buildings and the variety of building sizes, heights, and architectural styles and detailing. In addition the district is intended to ensure the continued commercial viability of the District by maintaining the use of quality building materials, encouraging pedestrian traffic, providing generous green space and preserving and enhancing the social gathering spaces in the District. At the heart of the district is Market Square, the community's shared front yard for special events. It conveys the social spirit and exemplifies the historic character of the entire City. The B-4 District is designed to accommodate a variety of uses in a mutually advantageous setting. Multiple- family residential uses are encouraged above the first floor. B. CONDITIONS OF USE Uses allowed in the B-4 Preservation Business District are subject to the following conditions: 1 . All business, servicing, processing, displays, and storage shall be conducted within completely enclosed buildings, except for the following: outdoor dining, produce or flower markets, the sale of new or used automobiles, the sale of gasoline, the sale of items of a seasonal nature including Christmas trees, bedding plants and small shrubs when authorized by a Certificate of Zoning Compliance. REPRINTED AUGUST 2005 118 SECTION 46-53.4 2. Outdoor storage is permitted only when it is screened from view. The required screening may be fencing, landscaping, or walls and must be of sufficient height and density that the storage materials are screened from view as required above, from ground level up to a point seven (7) feet above the ground level of the adjoining street or property. No outside storage is permitted to rise above the screening. 3 . Outdoor uses, not including storage areas, must be located wholly on private property, unless specifically authorized by permit from the City. Outdoor uses shall not impede pedestrian or vehicle circulation, and shall not eliminate or encroach upon required parking spaces unless the parking spaces are designated only for employee parking. In addition, no more than three of the required on site parking spaces may be used and permits for off site parking must be purchased prior to authorization of the outdoor use to replace the lost spaces. The Director of Community Development may waive the requirement for purchase of permits for off site parking if documentation is submitted by the petitioner to demonstrate that adequate on site parking exists to meet the needs of the business. 4. No manufacturing or assembling shall be permitted except as incidental to the business occupying the premises. 5. A Certificate of Zoning Compliance must be obtained consistent with the provisions of Section 46-20 of this Code prior to any change of use, expansion of uses on a site, and prior to the issuance of a building permit. 6. The uses and development shall be consistent with the Comprehensive Plan. 7. Non-Retail Percentage Rule a. Definitions: For purposes of this Subsection, the following definitions shall apply: - Area A — The area bounded by Deerpath on the south, Western Avenue on the east, Westminster on the north, and Forest Avenue on the west. - Ground Floor Space — Any space within Area A on the ground floor having frontage on a street, alley, or outdoor pedestrian walkway. - Non Retail Use — Any use whose predominate activity does not produce sales tax for the City, including but not limited to, banks, brokerage offices, real estate offices, and other business or professional offices. Governmental offices are excluded from the provisions of this Section. - Vacancy — A space not regularly occupied and open for business a minimum of 4 days per week on a monthly bases. An exception to allow for temporary business closure may be granted by the Director of Community Development upon written request provided that office equipment and furnishings will remain in the establishment and a date certain for the reopening of the establishment is provided. b. Limitations on Ground Floor Space — Non-retail uses are permitted in Area A; however, the aggregate total ground floor space devoted to non-retail uses shall be limited to ten percent (10%) of the net rentable square footage of ground floor space within Area A and ten percent (10%) of the street frontage of ground floor space within Area A. C. Such uses on the ground floor in Area A in excess of the allowed percentages may be permitted by Special Use Permit. 119 REPRINTED AUGUST 2005 SECTION 46-53.4 d. When a non-retail use vacates a ground floor space in Area A, such ground floor space shall retain its non-retail status for a period of 6 months, provided that written notice of the vacation is delivered to the Director of Community Development within thirty (30) days following the vacancy. If written notice is received by the City within 30 days after the vacancy, the space may be reoccupied by a non-retail use so long as a Certificate of Zoning Compliance is granted within 6 months of the date of notification of the vacancy. A 3 month extension of this period may be granted by the Director of Community Development based on a written request from a property owner if building permits for interior renovations have been issued and if the work is progressing. Any vacancy in a ground floor space formerly occupied by a non- retail use for which the notice required in this Subsection is not delivered shall lose its non-retail use status after the expiration of the 30-day notice period. C. PERMITTED USES Permitted uses in the B-4 Preservation Business District are listed in Table 1 . If an applicant demonstrates to the satisfaction of the Director of Community Development, that a use that is not specifically listed in Table 1 is consistent with the intent of the zoning district, and is similar and compatible with the listed permitted uses, the Director of Community Development may allow the new use. The Director of Community Development shall document all such decisions in writing, provide a copy of the decision to the Plan Commission for information, and make a copy available for public review upon request. 1 . Restaurants — Performance Standards In addition to all other applicable provisions of the Code, all types of restaurants must be found to be in compliance with the following Performance Standards prior to the issuance of a building permit. 1 . Applicable parking requirements of the Code must be satisfied or any necessary variances must be approved by the appropriate Board or Commission and the City Council. 2. A parking plan detailing number of employees, the location for employee parking, estimated customers at various times, the location of customer parking, and information on valet parking if provided or required, must be submitted for review and approval. 3. The review and approval process of the Building Review Board or Historic Preservation Commission must be completed. The approval must include all required elements including: new construction, storefront alterations, additions, demolitions, screening of mechanical equipment, Approval of landscaping, awnings, lighting and signage by the appropriate Board or Commission must occur prior to the issuance of an occupancy permit. 4. The City Council review and approval process for any liquor license, if applicable, must be completed. The hours of operation of the restaurant shall conform to any requirements of the liquor license. REPRINTED AUGUST 2005 120 SECTION 46-53.4 For restaurants that do not require liquor licenses, the hours of operation shall conform to existing restaurants in the community. 5. Details of the air filtration system and an operation and maintenance schedule for the exhaust and filter systems must be provided in the building permit submittal application. Issuance of the building permit shall not occur until the systems along with the operation and maintenance schedules have been approved. 6. No loud speakers or amplification of sound are permitted outside the building. 7. Schedules for deliveries and trash pickup must be submitted and found to be acceptable to the City. 8. For all restaurants egress and access to the site and delivery areas shall be located to minimize the impact of traffic, light and noise on the single family homes. D. SPECIAL USES Special uses may be allowed consistent with the provisions of Section 46-24 upon the granting of a Special Use Permit for the specific use in accordance with the terms of a Special Use Permit Ordinance therefore. Special uses in the B-2 Community Business District are set forth in Table 1 , the Use Matrix. Special Use Permits may also be granted to allow development incentives as provided for in Section 46-53.4, Planned Development. In addition to the standard Special Use Permit criteria in Section 46-24 of the Code, the petitioner shall show that the following criteria are also be satisfied. 1 . A traffic study in a form satisfactory to the City of Lake Forest Public Works, Engineer, and Public Safety Departments shall be submitted and shall establish that the proposed use and development will not materially and adversely impair traffic convenience and safety. 2. For drive-thm facilities of any type: a. Ingress and egress points are located in a manner that does not create safety hazards for pedestrians or other vehicles. b. Pedestrian path ways are provided in areas that are separated from the drive-thru facility and separated from the ingress and egress points to the drive-thm facility. c. Pedestrian access to automatic banking facilities is provided to encourage pedestrian activity in the area. d. The drive-thru facility is sited, configured, and screened in a manner that is consistent with the character of the area through landscaping, grade change, fences, walls, or structures so as to minimize the visual impacts on the streetscape. 3. It has been demonstrated that the building can be adapted to different additive uses in the future. 4. For new buildings, the development provides pedestrian links between the development and nearby retail uses. 5. For new buildings and buildings over 5,000 square feet, additive uses, as identified in Table 1, the Use Matrix, are incorporated into the development. 121 REPRINTED AUGUST 2005 SECTION 46-53.4 6. If a determination is made by the Plan Commission that the proposed development is a meritorious project that materially advances the stated purposes of the B-2 District and provides specific and identifiable long term benefits to the community, a Special Use permit may be granted even if criteria 4 and 5 are not fully satisfied. E. LOT SIZE AND COVERAGE No specific requirements. F. YARD REQUIREMENTS Front Yard and Corner Side Yard -- A setback of five (5) feet from the front and corner side yard property lines shall be required for all newly constructed and replacement buildings. There are no other setback requirements in this district. G. HEIGHT REQUIREMENTS The maximum height of all principal buildings and structures shall not exceed thirty-five (35) feet, or three stories, and the maximum height of all accessory buildings and structures shall not exceed twenty-five (25) feet. H. FLOOR AREA RATIO The maximum Floor Area Ratio for the B- 4 District is 1 .25. A higher floor area ratio may be considered through the Central Business District Planned Development procedures in Section 46- 53.4. L SITE PLAN AND DESIGN REVIEW The unique character of the B-4 District is reflected not only in the orientation of buildings and improvements as reflected on a traditional site plan, but also in the vertical orientation of buildings and the inter-relationship of buildings, landscaping, the streetscape and other features. In order to ensure the orderly development of properties within the B-4 District in a manner consistent with the overall character of the District, all proposed development within the B-4 District shall be subject to the site plan and design review requirements of this Subsection I. 1 . Application Requirements -- All proposed developments within the B- 4 Preservation District shall be subject to the Site Plan and Design Review standards listed below. In addition to the application requirements for the Historic Preservation Commission, the following information shall be provided as part of the application. • Lot Area. • A site plan showing building foot prints, landscaped areas, open space, locations of outdoor uses, parking areas and walkways. • A floor plan delineating the existing and proposed floor area. • Existing and proposed floor area ratio. • Existing and proposed number of dwelling units. • Parking calculations showing the number of spaces required and the number of existing and proposed spaces. If parking requirements are to be met through a variance or Special Use Permit, this request must accompany the development application. REPRINTED AUGUST 2005 122 SECTION 46-53.4 • A narrative that explains how the proposed development meets the District Site Plan and Design Standards. • A traffic study shall be submitted including, but not limited to, the following information: the volume of traffic that will be generated by the proposed uses, the traffic circulation patterns, a study of how ingress and egress to parking lots and drive than facilities will enhance or impair pedestrian activity, and how existing streets will be impacted. • A description of the proposed uses of the building and information on any covenants or restrictions that will be placed on the development to ensure specific uses in the future. • A plan illustrating how the building and overall site can be adaptively reused in the future by an alternative use. • Such additional information as the Director of Community Development deems necessary to properly review the application. 2. Site Plan and Design Review Standards — Historic Preservation Commission - In addition to the standards in the Historic Preservation Ordinance, development proposals shall be designed to preserve and enhance the character and value of the district through use of the following standards. • Bank Lane is the pedestrian spine of the Central Business District. Developments along Bank Lane. Developments along Bank Lane should complement the pedestrian elements of Bank Lane, both north and south of Market Square, by incorporating the various elements listed below. • Landscape and streetscape treatments shall include, but not be limited to burying utilities, screening all mechanical equipment, planting street trees, foundation plantings, street furniture, variety in building setbacks, pedestrian connections and open spaces. • Bank Lane shall be maintained and enhanced as an important pedestrian spine linking various elements of the Central Business District and providing pedestrian access to retail, residential and office uses from off site parking areas. • Alleyways and pathways shall be designed to support and encourage pedestrian use. In order to enhance the character of the District and promote the commercial vitality of the area, outdoor dining and gathering spaces, as well as other amenities that will promote evening activities, should be incorporated into developments. • In order to encourage additional pedestrian activity to enhance the commercial vitality of the area, small spaces such as gardens and courtyards should be designed and incorporated into developments • Retail uses shall be located on the ground floor with residential uses above the ground floor. 3. Review of Development Proposals -- Proposals for development in the B4 Preservation Business District shall be reviewed consistent with the procedures for all properties reviewed by the Historic Preservation Commission. In the event that variances are requested, the variance shall be forwarded to the appropriate Board or Commission prior to action by the Historic Preservation Commission. 123 REPRINTED AUGUST 2005 SECTION 46-53.4 SECTION 46-53.4 CENTRAL BUSINESS DISTRICT -- PLANNED DEVELOPMENT A. Purpose The purpose of the CBD planned development provisions is to allow flexibility to achieve the goals of maintaining a vital business district, preserving the village character and historic significance and ensuring that the development is consistent with the available infrastructure. This provision provides a process for the Plan Commission and City Council to consider development incentives that vary from the standards in the B-2, B-3 and B-4 zoning district through the Special Use Permit process established in Section 46-24 of the Code. B. Permissible Zones A Planned Development shall be permitted only pursuant to Special Use Permit in the B-2, B-3 and B-4 Districts. C. Site Standards A Planned Development shall not require a minimum lot area. D. Development Incentives The CBD Planned Development process provides the opportunity for development incentives in the zoning district as described below. a. The maximum floor area ratios in each zoning district may be increased up to the limits listed below if the development criteria are met, the standard criteria for a Special Use Permit and the other standards of the zoning district are satisfied, and the variance incentive is found to further development that is consistent with the purpose of SECTION 46-53 of the Code. B-2 Community Commercial, floor area ratio cap — 1 .0 B-3 Traditional Business, floor area ratio cap — 1 .25 B-4 Preservation Business, floor area ratio cap — 2.0 b. The required parking spaces may be modified through payment in-lieu-of parking if one or more of the development criteria are met, the standard criteria for a Special Use Permit and the other standards of the zoning district are satisfied, and the incentive is found to further development that is consistent with the purpose of Section 46 of the Code. E Development Criteria In addition to the standard criteria for a Special Use Permit, the criteria in the applicable zoning district, and the other standards of the zoning district, the following criteria shall be satisfied to achieve the bonuses offered by the Planned Development provisions. a. In the B-2 district, above the first floor, the project shall be entirely residential, or at least 50% of the first floor is occupied by retail uses. b. In the B-3 district, at least 50% of the floor area shall be committed to residential use or at least 60% of the first floor is occupied by retail uses. C. In the B-4 district, residential uses above the first floor are provided unless the applicant demonstrates that such uses will not further the overall purpose of the district at the proposed site. d. If a drive-thru is proposed in any district as part of the development, it is located off site, located within a building, or is constructed to avoid the construction of additional curb cuts. e. The building and landscape concepts have received conceptual approval from the Historic Preservation Commission or the Building Review Board. REPRINTED AUGUST 2005 124 SECTION 46-53.4 In addition to the above criteria, one or more of the following criteria shall be satisfied. a. At least 50% of the required parking spaces are located underground or all of the parking spaces are located in parking deck one level of which is constructed below grade. b. At least 25% of the site is retained as open space, exclusive of parking islands. c. An increased setback of at least 5' is provided along the streetscape side of the building or a "pocket park" is created with a visual and pedestrian link to the public street. F. Application Materials Any applicant for a CBD Planned Development shall file the following information along with the information required under the Special Use Permit procedures with the Director of Community Development. a. A statement describing the proposed uses, overall character of the development and a detailed narrative outlining how the development satisfies the criteria in this Section, the Special Use Permit criteria and the intent of this Section to preserve the character of the Central Business District. b. Calculations and an annotated floor plan of the floor area ratio. c. A site plan showing building locations, parking areas, open space, landscape areas, pedestrian walkways, loading docks, location of mechanical equipment and any other pertinent features of the plan to the overall character of the site. d. A copy of the proposed protective covenants whereby the owner proposes to regulate land use and ensure specific uses in the future. e. A draft of proposed incorporation agreement and a draft of bylaws or easement declaration concerning maintenance of open space and other common facilities if needed for the proposed development. f Architectural elevations and perspective drawings of all proposed structures and improvements. g. A traffic study shall be submitted including but not limited to, the following information: the volume of traffic that will be generated by the proposed uses, the traffic circulation patterns, a study of how ingress and egress to parking lots and drive thru facilities will enhance or impair pedestrian activity, and how existing streets will be impacted. h. A plan illustrating how the building and overall site can be adaptively reused in the future by an alternative use. i. A comprehensive landscape plan for the site. j. Preliminary engineering plans. k. A development schedule indicating: 1) The approximate date when construction of the project will begin. 125 REPRINTED AUGUST 2005 SECTION 46-53.4 2) The construction phases, if any, in which the project will be built, and the approximate dates when construction of each stage will begin and end. 3) The anticipated completion date of the entire project including landscaping. 1. A statement of proposed financing and financial assurances acceptable to the Plan Commission and City Council guaranteeing that once any stage of a development is started it will be completed. m. Such additional information as the Director of Community Development deems necessary to properly review the application. n. A study of the financial impacts of the proposed development on the City and other affected taxing bodies. 126 REPRINTED AUGUST 2005 SECTION 46-53.4 Use Matrix - - Business Districts B-1 Neighborhood B-2 Community B-3 Traditional B-4 Preservation P = Permitted S = Special Use Permit located on the ground floor, located above the first floor, permitted. X = Not Permitted B-1 B-2 B-3 B-4 Uses Nbrhd CC Trad. Pres. Animal hospitals or veterinary clinics, but only when operated completely S P X X within a building. Antique shops. P P P P Art and school supply stores. P P P P Art galleries and studios, but not including auction rooms. P P P P Auto laundries/Car wash and detailing. S S X X Automobile sales (new cars only), service, and accessories, but not including S S S X the sales and service of used automobiles except in conjunction with new car sales. Automobile service stations and repair garages. S S X X Banks Savings and Loan, Credit Unions, re brokerage yes � � � � � offices, and S S S S other financial institutions without drive-up facilities Bakeries '£ P P P P BarLerandhean sho s. .° P P P P Bi` "eie`sal s; rental; and'setvresfio , P P P P Book, statlo#ie '-�,orafficgs: i ' stoii's a.; P P P P Business machine sales and service stores. P P P P Business, professional and gov. offices and non-sales tax uses in excess of % NA NA S S limit. 4 3 v,"x. i� i..:���,-. ' �� 4,...•....���',".c. �_ �r,�>.: � ?Lk�, d _'. 4v.`:.-�- _.. ns .. t h y'.' F" -! Calnera.atid' 'lato ra hiesu 1 s2oXes ., ti P P P P Cand aee cream andaitfeeiadn' °s%res - . .r .. .. -:I P P P P Catalog sales office for mail order companies. S/P S/P P P Catering establishments. - S/P P X X Ghiriaand ' 'ssyvare.sfores P P P P ` , . . . � � r� rV _ P Ga P P P Clathi .and Cas#naie r`entajso rRS :6u# not inc2iiitn cldaniir l - w€. P P P P Contractor's offices and shops. S/P S/P X X Currency exchanges. S S S S Custom ressm_a A ;miII aer ui`ta on Iio SO " ` a _ :<- . P P P P .. D"" roTiilct�tilras . ._ �_„ s; ��'�-.� + �• : ���� ec ',,�.;t�` -': P P P P =a . P P P P De arfYnen� WOW _. w :_14 __ � _ Drive-u facilities S S S S Drip sfiorxs P P P P -1h' c eaSlln' rlawl >and ' ressln` :estanlisliisiiits r P P P P D cleanin and laundromats--self service. S S S S D " oadsstoxeS = P P P P 1➢vuehn untf ,.. `.,,. _ .. , . _; n -. u. .- °` `a`. ::"'_� -,.��= P P P P OR Electrical a liance and su 1 stores. P P P P 127 REPRINTED AUGUST 2005 USE MATRIX BUSINESS DISTRICTS Employment agencies. , S/P S/P S/P P B-1 B-2 B-3 B-4 Uses Nbrhd ICC Trad. Pres. Fabric and yard goods stores., P P P P Floor covering stores. P P P P Florists and -reenhouses. P P P P Fnod stores: P P P P Funeral homes and mortuaries. S S X X Furniture stores. P P P P Furrier sho s, including the incidental storage and conditioning of furs. P P P P Garden,su " 1 "and seed stores. . S S X X Gift"and novel stio s: P P P P Governmental structures and facilities, exce t offices. S S S S s= Ha�dWarestores . .. , - ;. ; : P P P P Robb 'sho' sY ` P P P P Household appliance stores, including radio and television sales and service. P P P P Locksmiths. N� P P _ P > P Leather oods stores: . : P P P P JeWelt" "'andwatcti re "air sho s. P P P P Interior decorating shops. P P P P E 7i F Medical and dental laboratories or clinics. S S S S Motels, hotels, motor hotels, and bed and breakfasts S S S S iVIvsical iusfruments stokes P P P P a Multiple family dwellings P P P P Offices, business, professional, and governmental. S/P P P P (J tical oo`dsstores P P P P ZV rzv PacTta`"e.li uar stoYCS `.. _ : S S S S 'paint and Will a'er stores. .. ._., . _ = P P P P Parking lots and structures when located on a separate lot S S X X Parks, playgrounds, and community buildings operated by municipal agencies. S S S S 9Wffii&&WMP. , . , P P P P � thedeve lopmentaffihn`w�en - P P P P retaltbustnessor ;thepremrses Physical culture and related services. S S S S _ chtre fra tng, tv4eu "Aft—Qr refit tt ode on the Pr-emrses P P P P Planned Business Developments in accordance with SECTION 46-26 X S X X Plumbing, printing, heating, air conditioning, electrical, furniture, upholstering, S/P S/P X X paint, and other similar businesses where the primary use is non-retail. Public utilities, service, and equipment facilities S S S S NUMA Radio and television broadcasting studios. S/P P P P Ieadm°:r`nims _ ,' P P 3 ealEstate`()ftices , ? _`_ t`, I S S S S lt r P a P P P i 5'R 25414,RRM ltestavXants stanilatd vs�thaas 150 of xesx ,en jal zonan� d<sttic' S S S S ResfauiatFf" includin' `]ire errfo tiraneeto"r''c7ancm �. : S S S S l€esiiu`rants'atLer ;u6 tabX�seYVrce _, n , , S S S S 12estauranis watt drive i IRRg? . , .x r '�_ S S S S 128 REPRINTED AUGUST 2005 USE MATRIX BUSINESS DISTRICTS B-1 B-2 1173 B-4 Uses CC Trad. Pres. 'I ILI Schools: Music, dance, businessoonrmercial, or trade " P P P P Second-hand stores and rummage shops P P P P Selfstoragefacilihes. , ! X X X X Shoe stores, including repair shops. P P P P Sporting goods stores. P P P P Taverns S S S S � Theaters, indoor. S S S S Toy stores. P P P P Travel bureaus and transportation ticket offices. P P P P _ Variety stores. _ - P _ P P P Accessoryuses;incidental to and onfhe same zoning Lot as a lirinclpal nse P P P P 'ineLudmg off street parking and Loading as permitted or,required by this Cliapter PC037CodeAmendmentMatrix 129 REPRINTED AUGUST 2005 USE MATRIX BUSINESS DISTRICTS PRESENTED TO PLAN COMMISSION Workshop # Public Hearing Date: Trw L� O go Action: Co V-441 S S "dv WOO S A �,L�,f�DiLT C4CJn/�E�N.%�t4 RE COMA � bE0 D/Q�lin�iXNC� TEMPORARY MORATORIUM e'N wi Si'EC SO& A04 BANKS & FINANCIAL INSTITUTIONS �` � �1?o'a' 77,440 Icy fist 1 4,'s,'t S If Plan Commission Report Wednesday, July 7, 2004 r TEMPORARY MORATORIUM BANKS & FINANCIAL INSTITUTIONS .. Plan Commission Report, July 7, 2004 BACKGROUND On March 15, 2004, the Village Board approved Ordinance 2004-35, establishing a temporary moratorium on development of new banks and financial institutions in the Village's Business Districts. Following is a status report and final recommendation. The Village Board expressed a concern regarding the possible over-development of banks and financial institutions within the Village's business districts. In order to address this issue, a comprehensive review of various planning, zoning and legal matters was conducted. A committee met to adequately study and develop suggestions and recommendations. The following individuals served on the Moratorium Committee: 1 ) Trustee Jeff Berman, Village Board 6) Ghida Neukirch, Asst. Village Manager 2) Lester Ottenheimer, Plan Comm. Chair 7) Robert Pfeil, Village Planner 3) Eric Smith, Plan Commissioner 8) Greg Summers, Associate Planner 4) Barry Stark, Plan Commissioner 9) William Raysa, Village Attorney 5) Howard Teplinsky, Plan Commissioner The Trustee Liaisons to the Plan Commission were advised of all meetings and provided reports and meeting minutes. The Liaisons initially included Trustees Jeff Berman and Steve Trilling, and following the May 1 , 2004 liaison appointment — Trustees Jeff Braiman and Bruce Kahn. Village Manager Bill Balling, and Asst. Village Manager/Director of Finance Bill Brimm were also apprised of all meeting reports and minutes. The Ordinance approving the Moratorium enabled two banks (Bank of America and Buffalo Grove Bank & Trust) to continue throughout the business development process since their petition had been applied prior to the Moratorium. With the addition of these two new banks, the total banks within Buffalo Grove are 24. According to the FDIC, the national average of banks is approximately 1 branch for every 3300 residents; in Buffalo Grove, we have a ratio of 1 bank branch for every 1788 residents. Sixty-three percent (63%) of the banks in the community are zoned in the B-3 District, typical for commercial and retail venues, and 83% are zoned in a B1 , B2 or B3 District. The Committee met on several occasions to review neighboring practices; federal, state and local banking reports; and review options for addressing the subject matter. On June 7, 2004, a report was provided to the Village Board providing three options for proceeding with this matter. Based on Board feedback and research conducted, the Committee has formulated a final report and recommendation. RECOMMENDATION A special use for all drive-through facilities is being recommended immediately. Drive-through facilities would include banks, coffee shops, dry cleaners, and other business uses. The only banks in Buffalo Grove that do not require a drive through are those that operate in grocery stores such as Bank One and TCF, as well as Guaranty Bank and banks located in-line of a shopping center such as Washington Mutual. A Zoning Ordinance amendment would be required for this proposal which would entail a I ' public hearing and appropriate ordinance. The public hearing is proposed at the Village Board level and could be done in August, 2004 in order to meet the Moratorium deadline of September. The other substantive issue explored was restriction of non-retail uses in business districts. The Committee reviewed several municipal regulations of this nature in their downtown districts such as Lake Forest and Highland Park. Due to the limited time frame of the current moratorium, it is recommended that amendments to the Zoning Ordinance concerning non-retail uses in business districts be explored as part of the Comprehensive Plan update. Attached : A. Ordinance 2004-32, An Ordinance establishing a temporary moratorium on development of new banks and financial institutions in the Village's Business Districts. B. Banks in Buffalo Grove, effective July 2, 2004 C. Committee Meeting Minutes D. Legal opinion regarding the Village's zoning authority based upon economic impact and equal protection. E. 60 Day report to the Village Board concerning the Temporary Moratorium for Banks & Financial Institutions. F. Banking industry report(s) and appropriate news articles Due to a meeting conflict, I am unable to attend the Plan Commission meeting on July 7th, but I welcome your feedback at anytime. Please contact me at 847-459-2518 or via e-mail at gneukirch @vbg.org. A short presentation will be conducted by Bob Pfeil at the 7/7/2004 Plan Commission meeting. Respectfully Submitted, Ghida Neukirch Asst. Village Manager Bill Rayss To Ghida Neukirch <gneukirch@vbg.org> <wraysa @rzltd.com> William Balling <wballing@vbg.org>, Robert Pfeil 04/26/2004 02:44 AM cc <rpfell @vbg.org>, Jeffrey Berman Please respond to <jberman @mcguirewoods.com> wra a @rzltd.com bcc Subject Temporary Moratorium on Banks and Financial Institutions Ghida, Pursuant to the discussion at the Moratorium subcommittee meeting on April 70 20041 have had legal research performed on the issues of zoning authority of the Village regarding zoning based upon economic impact and equal protection. Attached hereto is attorney Elena PenicWs Memorandum entitled "Village of Buffalo Grove - Zoning Classifications Based Upon Economic Impact" I agree with her conclusions that (1) economic impact upon the Village is a valid zoning consideration and (ii) that an equal protection argument will not exist if the Village supports its decision with adequate justification for the classification. 1 have not forwarded this e-mail to all members of the subcommittee since 1 wanted you to have time to review it first. William Raysa L�J Village Attorney memaeconomic inning dassvl.doc A W N O W O V m m .P W N 0 V v -IZZrrr = x ,() ?! ?! -n 3n00WWWWWWD m d d T O' o N N d y C 7 7 > CL n7c 7c � �c 7.- S d o° 'w m m' m CD W 3 m 3 ? ° O O O O o [Eir0 o n A m m m ° W c m c 0 a m 'm m m 3 m y w7r �1 1 1 � W �ima � < ZZO W oi W m O v< m � � D°c > > - - Foote 0 x33. 0 mD N cc = dm ° O W O S' a° So. 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Following is a report in preparation for the team's first meeting on this subject. The Village Board expressed a concern regarding the possible over-development of banks and financial institutions within the Village's business districts. In order to address this issue, a comprehensive review of various planning, zoning and legal matters shall be conducted. A subcommittee shall meet to adequately study and develop suggestions and recommendations. The following individuals have been selected to serve on the subcommittee: 1 ) Lester Ottenheimer, Plan Comm. Chair 5) Ghida Neukirch, Asst. Village Manager 2) Eric Smith, Plan Commissioner 6) Robert Pfeil, Village Planner 3) Barry Stark, Plan Commissioner 7) Greg Summers, Associate Planner 4) Howard Teplinsky, Plan Commissioner 8) William Raysa, Village Attorney The Trustee Liaisons to the Plan Commission, Trustees Jeff Berman and Steve Trilling, will be invited to attend all Committee meetings. Meeting minutes will be shared with the Committee, full Plan Commission, Village Manager Bill Balling and Asst. Village Manager & Director of Finance, Bill Brimm. A formal report will be presented to the Plan Commission, and then a final report and recommendation will be presented the Village Board. During the term of the moratorium, no petition for annexation, concept and preliminary plan review, zoning special use, or Tenant Use Form for a new bank or financial institution shall be approved by the Village for properties in the Village 131 through B5 Districts or unincorporated areas (except as detailed in the Ordinance). The proposed ordinance would allow petitioners to file for annexations and zoning in the "B" district. The Ordinance would be in effect for a period of 180 days, unless sooner terminated by the Village Board. A status report will be issued to the Village Board within 60 days of the adoption of the Ordinance — Monday. May 3, 2004. Attached: A. Ordinance 2004-32, An Ordinance establishing a temporary moratorium on development of new banks and financial institutions in the Village's Business Districts. B. Banks in Buffalo Grove, effective March 1 , 2004. C. Neighboring community actions — status report of research D. Banking industry report(s) • "Chicago Suburb Puts 6-Month Ban on New Branches", by Katie Kuehner-Hebert. American Banker. Friday, 3/26/04. • FDIC State Profile, Winter, 2003. Provides the number of banks in Illinois by 6 categories. "The Banking Crises of the 1980s and Early 1990s: Summary and Implications" by George Hance Banking Review, 1998, Volume 11 , No. 1 . http:llwww.fdic.gov/bank/analyticaVbanR!ng/1998spec/brspecial.pdf 10 pages provided of a 72 page report. Discusses banking legislation & regulation and bank failures and their impact. Ghida Neukirch Asst. Village Manager TEMPORARY MORATORIUM BANKS & FINANCIAL INSTITUTIONS - Meeting Minutes, April 7, 2004 .. Committee: 1 ) Lester Ottenheimer, Plan Comm. Chair 5) Trustee Jeff Berman, PC Trustee Liaison 2) Eric Smith, Plan Commissioner 6) Ghida Neukirch, Asst. Village Manager 3) Barry Stark, Plan Commissioner 7) Robert Pfeil, Village Planner 4) Howard Teplinsky, Plan Commissioner 8) William Raysa, Village Attorney 9) Greg Summers, Associate Planner Distributed with the meeting packet (copies available upon request): A. Ordinance 2004-32, An Ordinance establishing a temporary moratorium on development of new banks and financial institutions in the Village's Business Districts. B. Banks in Buffalo Grove, effective March 1 , 2004. C. Neighboring community actions — status report of research D. Banking industry report(s) • "Chicago Suburb Puts 6-Month Ban on New Branches", by Katie Kuehner-Hebert. American Banker. Friday, 3/26/04. • FDIC State Profile, Winter, 2003. Provides the number of banks in Illinois by 6 categories. "The Banking Crises of the 1980s and Early 1990s: Summary, and Implications" by George Hanc. Banking Review, 1998, Volume 11 , No. 1 . http:// v .fdic.govlbank/analybeaVbanking/l 998speetbrspecial.pdf 10 pages provided of a 72 page report. Discusses banking legislation & regulation and bank failures and their impact. State of Illinois Office of Banks & Real Estate Contact Scott Clark, tel) 217-785-1260. Each bank has their own criteria for their site searches. Clark believes there is more diversification of banks because consumers are becoming more sophisticated. They have also increased their services in recent years — mutual funds, stocks, brokerage activities, etc. In regards to history of banks, in 1993, legislation changed to no longer restricting the number of branches that a bank can operate. There are still restrictions regarding out of state banks operating in Illinois — can only do so through acquisition or affiliation with an Illinois institution. No Illinois institution may hold more than 30% deposits of the state (not a problem). Meeting Discussion: The purpose of the meeting was discussed as outlined in the Ordinance establishing a temporary moratorium (Ord. 2004-32). During the term of the moratorium, no petition for annexation, concept and preliminary plan review, zoning special use, or Tenant Use Form for a new bank or financial institution shall be approved by the Village for properties in the Village B1 through B5 Districts or unincorporated areas (except as detailed in the Ordinance). The Ordinance is in effect for a period of 180 days, unless sooner terminated by the Village Board. A status report will be issued to the Village Board within 60 days of the adoption of the Ordinance — May, 2004. The Committee discussed the following possible courses of action: 1 ) Establish a permittlicense fee for banks and financial institutions given they require a greater level of security and review. Bill Raysa noted legal concerns regarding licensing of banks. 2) Change Zoning Ordinance to prohibit banks and financial institutions in B-3 and/or B-5 Zoning Districts because of oversupply. 1 3) Consider banks and financial institutions as a special use due to the drive-thru component of the banks; this would apply to all banks except Washington Mutual facilities which are located in-line of shopping centers, and banks such as 151 Equity (Dundee Road, Strathmore Square) which does not have a drive-thru. Other considerations for special use could relate to 24 hour lighting; 24 hour facility without personnel on site; security concerns. 4) Incorporate percentage restrictions of retail versus non-retail in shopping centers of all zoning districts. Bill Raysa noted that there is very little case law regarding retail versus non-retail as a zoning rationale. He is conducting research in this regard and will distribute information to the Committee for the next meeting. The Committee discussed retail versus non-retail and basis for compliance with the LaSalle factors. LaSalle will review the impact of the use on the community; for example, one reason a special use may not be approved is due to the traffic impact of the development. The Village would have a difficult argument to make if economic impact is the basis for the criteria of rejecting a bank/financial institution application. ATM Licensing — Bill Raysa referenced federal legislation regarding a pre-emption of ATM licensing. A Village can not license ATM machine; one exemption for regulation however is zoning. Bill Raysa will review possible case law regarding zoning of ATM's. E Next Committee meeting — May 5, 2004, 6:00 p.m. The Committee will review legal opinion(s) and discuss a recommendation for the Plan Commission. Respectfully Submitted, Ghida Neukirch Asst. Village Manager 2 TEMPORARY MORATORIUM BANKS & FINANCIAL INSTITUTIONS Meeting Packet, May 5, 2004 Group activities conducted to date: 1 ) March 15, 2004 - Village Board approved Ordinance 2004-35, establishing a temporary moratorium on development of new banks and financial institutions in the Village's Business Districts. 2) April 7, 2004 - First committee meeting on this subject. Attached: • Meeting minutes, 4/7/2004 • Neighboring community actions — status report of research Legal research; correspondence from Bill Raysa e-mail dated 4/26/2004. • Banks in Buffalo Grove, effective March 1 , 2004. Overview of various shopping centers in BG — retail vs. non-retail Shopping Center total square % vacant % retail - % non- ' total % by feet by sq ft sq ft retail - sf sq ft Town Center 200, 130 15% 43% 43% 100% Woodland Commons 177,664 12% 64% 23% 99% PlazaVerde West 69,569 3% 63% 34% 100% Grove Pt. 50,579 16% 44% 39% 100% Please note that the information detailed above was from the Village's Property Mgmt Database; the information may contain minor inaccuracies given the evolving tenant mix of the centers. Distribution: Committee Members Village Board Plan Commission TEMPORARY MORATORIUM BANKS & FINANCIAL INSTITUTIONS Meeting Minutes, May 5, 2004 Committee: 1 ) Lester Ottenheimer, Plan Comm. Chair 5) Trustee Jeff Berman, PC Trustee Liaison 2) Eric Smith, Plan Commissioner 6) Ghida Neukirch, Asst. Village Manager 3) Barry Stark, Plan Commissioner 7) Robert Pfeil, Village Planner 4) Howard Teplinsky, Plan Commissioner 8) William Raysa, Village Attorney 9) Greg Summers, Associate Planner Distributed with the meeting packet (copies available upon request): A. Meeting Minutes, 4/7/2004. B. Neighborhood community actions — status report of research. C. Legal research regarding zoning, correspondence from Bill Raysa, e-mail dated 4/26/2004. D. Banks in Buffalo Grove, effective March 1 , 2004. E. Retail vs. Non-retail percentage of local shopping centers: Town Center, Woodland Commons, Plaza Verde West, and Grove Point. Meeting Discussion: Legal Research — Zoning Authority Bill Raysa referenced his 4/26/2004 correspondence concerning zoning classifications based on economic impact and equal protection, specifically for banks and financial institutions. Mr. Raysa referenced Attorney Elena Penick's memorandum on this subject. The conclusions of the memorandum support the following: 1 ) Economic impact upon the Village is a valid zoning consideration; and 2) That an equal protection argument will not exist if the Village supports its decision with adequate justification for the classification. The Committee discussed the impact of banks on the community and special characteristics which are unique to the majority of banks in the community such as drive thru lanes. The only banks in Buffalo Grove with no drive-thru include 1 ) 1S' Equity Bank (Dundee Road at AH Road), 2) Washington Mutual (Buffalo Grove Road at Dundee), 3) Washington Mutual (Rt. 83 at Lake Cook), and 4) Guarantee Bank (Rt. 83 at AH Road - Spoerlein). These banks represent 18% of the total banks in the community. It was noted that according to the Village's Municipal Code, pharmacies are the only uses which require a special use due to their drive-thru requirements. Restaurants and banks do not require a special use for a drive-thru. The following courses of action were recommended: OPTION 1 Create a special use requirement for every type of use that requires a drive-thru. Bill Raysa concurred that if a use is before the Village because of the drive-thru, the Village is not limited to regulation of the drive-thru alone. The Village would have more control in determining the building design, layout, size of the project, traffic flow, landscaping, hours of operation, and other issues. 1 OPTION 2. Prohibit banks and financial institutions from all B-3 zoning classifications Sixty-three percent (63%) of the banks in the community are currently in the B-3 District. The committee discussed banks that are seeking to expand to the community or have no current presence in Buffalo Grove. These banks include Chase Manhatten and J. P. Morgan; Fifth Third Bank is seeking other sites in north Buffalo Grove OPTION 3. Limit banks and other non-retail uses to the major corridors in the community that have significant development or redevelopment potential — Half Day Road, Aptakisic Road, and Milwaukee Avenue. Create an overlay district to effectively plan the subject areas. This overlay district was approved by the City of Highland Park in late 2003 for their Central Business District, and other area communities for their prime retail areas. The overlay district creates a plan for zoning the area and controlling non-retail uses. As part of the 60 day update required by the Ordinance establishing the moratorium, information regarding the Committee's actions will be provided to the Village Board at their meeting on May 17`". 2 Next Committee meeting — June 2, 2004, 6:00 p.m. The Committee will discuss the Board's comments from this status report, and then we can create an action plan on this subject. Respectfully Submitted, Ghida Neukirch Asst. Village Manager 2 TEMPORARY MORATORIUM BANKS & FINANCIAL INSTITUTIONS — Meeting Packet, June 16, 2004 Committee: 1 ) Lester Ottenheimer, Plan Comm. Chair 5) Trustee Jeff Berman, Trustee Liaison 2) Eric Smith, Plan Commissioner 6) Ghida Neukirch, Asst. Village Manager 3) Barry Stark, Plan Commissioner 7) Robert Pfeil, Village Planner 4) Howard Teplinsky, Plan Commissioner 8) William Raysa, Village Attorney 9) Greg Summers, Associate Planner Copy: Trustees Braiman & Kahn, Plan Commission Liaisons / William R. Balling, Village Manager Attached: "New banks, offices face restriction", by John Roskowski, Staff Writer, Pioneer Press. May 13, 2004. BOARD FEEDBACK: A status report on this subject was provided to the Village Board at their meeting on Monday, June 7, 2004. The history of this project was provided, as well as the following combination or isolated options that the Moratorium Committee has suggested: OPTION 1 . Create a special use requirement for every type of use that requires a drive-thru. Currently only special use is required for drive-through facilities for retail pharmacies. Creating a special use would also apply for restaurants, coffee shops, dry cleaners and most banks and financial institutions. Washington Mutual (2), Guaranty Bank, and the banks in grocery stores do not have drive-thru services. OPTION 2 Prohibit banks and financial institutions from all B-3 zoning classifications. Sixty-three percent (63%) of the banks in the community are currently in the B-3 District. This restriction would still provide residents with several banking options to choose from, and the facilities seeking a site in Buffalo Grove could explore opportunities in the Office & Research District (O&R) where banks and financial institutions are permitted uses. OPTION 3 Limit banks and other non-retail uses to the major corridors in the community that have sianificant development or redevelopment potential — Half Day Road, Aptakisic Road, and Milwaukee Avenue. Create an overlay district for controlling the zoning in the area and controlling non-retail uses. The Board suggested a combination of the Option 1 and Option 3. Option 1 would address most of the banks that are developing in the area, and Bill Raysa's legal opinion would provide the Village with the ability to review all aspects of the proposed use despite the fact that the special use would be for the drive-thru only. It was discussed that although banks and financial institutions are growing at a fast pace and occupying prime commercial property, there is also an increase in service uses in the Village's shopping centers, thereby reducing the potential for maximum sales tax revenue. The committee should consider an overlay district at appropriate locations to balance the retail versus non-retail uses. It was also recommended that consideration be given to review each shopping center and identify a breakdown by percentage of retail versus non-retail uses. If this project will take longer than the allotted time per the Moratorium Ordinance, then focus on banks and financial institutions as the regulations pertain to this project, then reconsider other global non-retail uses. TEMPORARY MORATORIUM BANKS & FINANCIAL INSTITUTIONS Meeting Minutes, June 16, 2004 Committee: 1 ) * Lester Ottenheimer, Plan Comm. Chair 5) Trustee Jeff Berman, PC Trustee Liaison 2) Eric Smith, Plan Commissioner 6) Ghida Neukirch, Asst. Village Manager 3) Barry Stark, Plan Commissioner 7) * Robert Pfeil, Village Planner 4) * Howard Teplinsky, Plan Commissioner 8) * William Raysa, Village Attorney 9) * Greg Summers, Associate Planner * Present Distributed with the meeting packet (copies available upon request): A. Meeting agenda for 6/16/2004. B. Meeting Minutes, 5/5/2004. C. Village of Highland Park and City of Lake Forest Zoning Ordinance and Business Matrix information, respectively. Meeting Discussion: The committee concurred that Zoning Ordinance amendments requiring a special use for drive- through facilities should be recommended to the Village Board. The other substantive issue explored was restriction of non-retail uses in business districts. The Committee reviewed Lake Forest's zoning regulations concerning permitted and special uses in its business districts. The Committee also looked at the overlay district used in Highland Park for the "Roger Williams Commercial Overlay Zone". There were a number of questions concerning the Lake Forest and Highland Park regulations; Bob Pfeil indicated he would follow up with their respective staffs. It was stated that it may not be practical to amend the Zoning Ordinance concerning non-retail uses in business districts within the time frame of the current moratorium. This matter will be evaluated, however, as a priority for the Comprehensive Plan update. 8 Next steps — Prepare report to the Plan Commission as outlined in the meeting discussion above, then present Ordinance for the Village Board's consideration. Respectfully Submitted, Ghida Neukirch Asst. Village Manager Meeting notes provided by Robert Pfeil, Village Planner. — MUNICIPAL MORATORIUMS status, 31 March 2004 Village of Highland Park Michael Blue, Din of Comm. Dev. 847-926-1000 On 12/8/2003, the City Council passed a 130 moratorium in an effort to review a possible amendment to the Zoning Ordinance that would limit non-retail uses in the Pedestrian Core of the B5 District. Presented on 3/16 a proposal to create a "Pedestrian Oriented Shopping Overlay District" in the central business district. See attached PC Action Plan. Village of Lake Forest Chris Martin, Asst, City Mgr. 847-615-4281 90 day Moratorium; expired in March, 2003. Focused on non-retail uses in commercial districts. Created comprehensive zoning amendments to all business zoning districts. Partial pages attached; copies of the complete Ordinances are available upon request. Included design requirements regarding store front appearance. Since adoption of the Ordinances, Bank of America received zoning approval. The bank was required to pay $15,000 in parking fees because they did not meet parking requirement. Fees are placed in parking lot fund for maintenance of all parking lots. The Ferrari dealership in Lake Forest moved to Lake Bluff which caused a great impact on their sales tax revenue. Village of Libertyville David Smith, Village Planner 847-362-2430 Amended the Village's Zoning Code to permit moratoriums on certain land uses - Ordinance adopted 3/24/04. Plans to review zoning regarding land uses in the downtown district - banks/office uses are concerns. The zoning ordinance already has a requirement that no more than 10% of the total first floor street frontage shall be occupied by office uses in the downtown commercial district. After the ten percent limit has been exceeded, a special permit is required for all new office uses in the district. Staff noted that the district already exceeds that percentage, and the requirement has been difficult to enforce. They are proposing the removal of the 10% restriction; office proposals would be prohibited from the first floor units in the downtown district provided they do not encroach on 35' from the front fagade. Grandfathers existing offices/banks. At an upcoming PC workshop, they will also discuss charging a fee for non-retail uses in the central business district. Village of Long Grove Ed Cage, Village Planner 847-634-9440 Ordinance adopted 2/11/2004. 90 day moratorium applies to non-revenue generating uses in commercial districts. Under discussion — 1 ) pay a fee comparable to what a retailer would generate. 2) Looking to modify the list of uses within certain zoning districts. Trying to be more specific in the type of uses. STATE OF ILLINOIS, OFFICE OF BANKS & REAL ESTATE. Contact Scott Clark, tel) 217-785-1260. Each bank has their own criteria for their site searches. Clark believes there is more diversification of banks because consumers are becoming more sophisticated. They have also increased their services in recent years — mutual funds, stocks, brokerage activities, etc. In regards to history of banks, in 1993 legislation changed to no longer restricting the number of branches that a bank can operate. There are still restrictions regarding out of state banks operating in Illinois — can only do so through acquisition or affiliation with an Illinois institution. No Illinois institution may hold more than 30% deposits of the state (not a problem). MUNICIPAL MORATORIUMS status, 3 May 2004 Village of Highland Park Ben Carlyle, Village Planner 847-926-1609 On 12/8/2003, the City Council passed a 130 moratorium in an effort to review a possible amendment to the Zoning Ordinance that would limit non-retail uses in the Pedestrian Core of the B5 District. Presented on 3/16 a proposal to create a "Pedestrian Oriented Shopping Overlay District" in the central business district. (Action Plan available upon request). The proposed Overlay District went to the City Council and was approved on 4/2612004, effective immediately. The Overlay District is for the core area of their downtown - high visibility, high pedestrian traffic. The streets are referenced as "character streets". In this area, the first floor of all businesses must be retail or "character" generating uses. The City prohibits non-sales tax uses on first floor — banks, offices, etc. Regarding service uses, the committee agreed that although they are not primary sales tax generators, they do generate some sales tax and also provide pedestrian traffic to the business district. As a result, service uses are permissible. The Council also approved the recommendation to eliminate all external ATM's and eliminated all drive- thru's in the downtown. Village of Lake Forest Chris Martin, Asst. City Mgr. 847-615-4281 (No Change) 90 day Moratorium; expired in March, 2003. Focused on non-retail uses in commercial districts. Created comprehensive zoning amendments to all business zoning districts. Copies of the Ordinances are available upon request. Included design requirements regarding store front appearance. Since adoption of the Ordinances, Bank of America received zoning approval. The bank was required to pay $15,000 in parking fees because they did not meet parking requirement. Fees are placed in parking lot fund for maintenance of all parking lots. Village of Libertyville David Smith, Village Planner 847-362-2430 Amended the Village's Zoning Code to permit moratoriums on certain land uses - Ordinance adopted 3/24/04. Plans to review zoning regarding land uses in the downtown district - banks/office uses are concerns. The zoning ordinance already has a requirement that no more than 10% of the total first floor street frontage shall be occupied by office uses in the downtown commercial district. After the ten percent limit has been exceeded, a special permit is required for all new office uses in the district. Staff noted that the district already exceeds that percentage, and the requirement has been difficult to enforce. They will propose to the Village Board the removal of the 10% restriction; office proposals would be prohibited from the first floor units in the downtown district provided they do not encroach on 35' from the front facade. Grandfathers existing offices/banks. On the first floor, businesses may occupy up to 25% of the remaining floor area; i.e. 1 ) stay out of front 35' of the tenant space in downtown. 2) Can occupy except for front 35', but not to exceed 25% of the first floor area. Will present for Board approval on May 11 " Village of Long Grove Ed Cage, Village Planner 847-634-9440 (No change — to PC 5/4/2004) Ordin?nce adopted 2/11 /2004. 90 day moratorium applies to non-revenue generating uses in commercial districts. Under discussion — 1 ) pay a fee comparable to what a retailer would generate; and/or 2) modify the list of uses within certain zoning districts. Trying to be more specific in the type of uses. 3 concentrate on developing commercial areas that would generate real estate and sales taxes." Id. at 6-7. Though the Court found that the special use denial was "arbitrary and capricious and one which `bear[s] no substantial relation to the public health, safety, morals, comfort and general welfare,"' (Id. at 26) it also acknowledged the validity of economic impact as factor in zoning: In so holding, we do not mean, in any way, to diminish the severity of the economic problems facing the City or the City's need to address these problems by changing its zoning regulations. . . . [I]f the city council wishes to unconditionally remove all noncommercial uses from the West Lincoln Highway corridor, it must amend the City's zoning ordinance to reflect that intent . . . Id. Absent authority to the contrary, the above statement is reasonably good support for the conclusion that it is within a home rule unit's authority to make zoning classifications based on economic impact. 2. Equal Protection "Equal protection challenges brought under the Illinois Constitution are evaluated under the same standards as equal protection challenges claims under the federal constitution." Vineyard Christian Fellowship of Evanston. Inc. v. City of Evanston, 250 F.Supp.2d 961 , 975 [Footnote 101 (N.D. Ill. 2003). " 'Equal protection limits the power of a legislature to target a particular individual, organization, or group by requiring that the legislature confer benefits or impose costs on a larger, neutrally defined group; it cannot pick on just the most vulnerable."' Id. at 975, quotin , L C & S. Inc v Warren County Area Plan Com'n, 244 F.3d 601 , 602 (7"' Cir. 2001). "'Absent a fundamental right or a suspect class [e.g.,,race, religion, alienage], to demonstrate a viable equal protection claim in the land-use context, the plaintiff must demonstrate "governmental action wholly impossible to relate to legitimate governmental objectives."" Vineyard, 250 F.Supp.2d at 976, guoting, Forseth v. Village of Sussex, 199 F.3d 363, 370-71 (7o' Cir. 2000). In Vineyard Christian Fellowship of Evanston Inc v City of Evanston, 250 F.Supp.2d 961 (N.D. Ill. 2003), the plaintiff religious institution argued that an Evanston ordinance "allows some similar uses in the O1 District and allows other similar uses (i.e. membership organizations) to operate as special uses in the District, while religious institutions are prohibited from locating in the District." Id. at 975. Evanston offered several reasons for excluding religious institutions from that district, including "the need to encourage commercial and business uses in the district in order to enhance the City's economic profile and raise tax revenues." Id. at 977. Though the court found that the ordinance might be subject to the strict scrutiny standard of review due to its impact on religion, it stated that "even the more lenient rational basis test leads to the conclusion that Vineyard's equal protection rights have been violated." Id. at 978. Rejecting the city's various explanations for the zoning distinction, the court stated that "The City's argument about generating revenue is more compelling, but again, Evanston has not offered an adequate explanation for permitting tax-exempt cultural institutions and membership organizations to operate in the Ol District, possibly including facilities w;#h no potential for generating revenue." Id. at 979. The court's reasoning suggests that, while economic impact may legitimately be considered in discriminating among uses, an equal protection problem will still exist if one non-revenue generating use is favored over another without justification. 3 It should be pointed out however, that the generation of revenue as a motivation for zoning decisions is not always spoken of favorably. In Independent Coin Payphone Assoc. Inc. v. City of Chicago, 863 F.Supp. 744, 749 (N.D. 111. 1994), the plaintiffs contended that, "in an effort to generate revenue, the City and [zoning administrator] have denied zoning exceptions for public payphones on private property, but have permitted franchisees to operate outdoor public payphones at adjacent and/or identical locations." Id. at 749. The plaintiffs further contended "that the City's reasons for denying them permits to install payphones on private property—namely, to prevent gang and drug activity or to avoid visual clutter and disturbances—are merely pretext for the more nefarious ends ofgarnering revenue." Id. [Emphasis added.]. Though the court made no further comment on the "nefariousness" of the city's motive, it did deny the city's motion to dismiss the equal protection claim: "Because plaintiffs have alleged that the City is purposefully discriminating against them in favor of other similarly situated payphone operators based on their refusal to enter into franchise agreements, they have stated an equal protection claim." Id. at 752. 3. Side-Note: Federal Banking Regulation A tangential issue is the application of federal banking regulations to zoning regulations. According to the recent banking article that was included in Buffalo Grove's packet on banking moratoriums, the Office of the Comptroller of the Currency ("OCC") cannot preempt state and local zoning decisions, even where they affect national banks. Katie Kuehner-Hebert, "Chicago Suburb Puts 6- Month Ban on New Branches," American Banker, March 26, 2004 (htto://www.atnericanbanker.com). While this statement accurately reflects recent OCC regulations (see, 12 CFR § § 7.4007 — 7.4009), a "zoning" regulation which has no connection to the physical environment has more in common with licensing requirements, which the OCC considers to be preempted. Should these types of zoning restrictions become more prevalent nation-wide, the OCC might someday attempt to carve out a narrower definition of zoning for preemption purposes. 4 f f Village Board Meeting Agenda Item XIH-A Monday, March 15, 2004 Ordinance 2004: An Agenda Section: Regular Agenda: Old Business Ordinance establishing a temporary Order In Section: A ment of new Type of tment: Other Agenda Item moratorium on development Department: OVM banks and financial institutions in Requested By: GhidaNeukirch the Village's Business Districts. Prepared By: Gbida Neukirch Trustee Liaison: Trustee Berman Additional Documentation: Other Agenda Items: Overview This is a follow-up to the discussion that took place at the Board meetings on February 23 and March 1 , 2004. The Village Board has expressed a concern regarding the possible over-development of banks and financial institutions within the Village's business districts. In order to address this issue, a comprehensive review of various planning, zoning and legal matters will be conducted. It is recommended that a subcommittee meet to adequately study and develop suggestions and recommendations; the subcommittee would consist of Village staff and Plan Commission representation. Their report and recommendation would be forwarded to the Plan Commission for review, then the Village Board for final consideration. To provide sufficient time for the Village to consider the possible adoption of revised regulations, a temporary moratorium has been recommended. No petition for annexation, concept and preliminary plan review, zoning special use, or Tenant Use Form for a new batik or financial institution shall be approved by the Village for properties in the Village BI through B5 Districts or unincorproated areas (except as detailed). The proposed ordinance would allow petitioners to file for annexations and zoning in the "B" district. The Ordinance would be in effect for a period of 180 days, unless sooner termined by the Village Board. A status report will be issued to the Village Board within 60 days of the adoption of the Ordinance. Section 2.C. of the ordinance allows for a limited exception to be made to the moratorium by the Village Board if a petitioner can demonstrate to the Board the fulfilling of the four requirements of this section. One of these requirements is that the developer has made a substantial investment in the development of a new bank or financial institution that is affected by the temporary moratorium. Section 2.D. provides for an exemption from the moratorium if a petition is currently pending before the Village. E` i r` Section 2. F. of the attached ordinance provides an exemption from the moratorium for the remodeling or renovation of an existing non-retail use provided the renovation is based on the same square footage. Section 2. G. identifies "financial institutions" based on facilities wherey the primary use is as a financial institimion. As a result, the Ordinance would not apply to a currency exchange, an ATM in a business, or other uses where financial services are secondary uses to the facility. Approval of the attached is recommended. 3111104 ORDINANCE NO. 20W-.U_ AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON DEVELOPMENT OF NEW BANKS AND FINANCIAL INSTITUTIONS IN THE VILLAGE'S BUSINESS DISTRICTS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, the Village of Buffalo Grove desires to preserve the character of the Village's business districts by encouraging the appropriate mix of retail and non-retail uses in such districts; and WHEREAS, the Village has experienced a drastic increase in the number of development proposals from banks and financial institutions regarding property in the business districts of the Village, or property planned for annexation to the Village; WHEREAS, banks and financial institutions require greater attention and service from the Buffalo Grove Police Department for safety and security reasons; and WHEREAS, an appropriate mix of banks, financial institutions, and retail service uses is necessary in order to ensure the vitality and commercial character of the business districts in the Village; and WHEREAS, the best interests and welfare of the Village and its residents require that the Village understand the patterns and demand of the growing banking industry and consider whether additional regulations are necessary or appropriate to manage the potential overdevelopment of banks and financial institutions in the Village's business districts; and WHEREAS, the establishment of new banks and financial institutions in the Village during the pendency of any such consideration may change the character of the Village's business districts to the possible detriment of the Village and its residents; and WHEREAS, in order to prevent a change in the character of the Village's business districts, the Village President and Board of Trustees have determined that it is necessary and in the best interests of the Village and its residents to impose a moratorium on any petitions for annexation, zoning, or special use for proposed new banks or financial institutions in the Village's business districts, as more specifically set forth in this Ordinance, in order to provide sufficient time for the Village to consider the possible adoption of additional regulations; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1, Recitals. The foregoing recitals are hereby incorporated into and made a part of this Ordinance by this reference. Section 2. Temporary Moratorium. A. Establishment. Beginning on the effective date of this Ordinance, no petition for annexation, concept and preliminary plan review, zoning, special use, or Tenant Use Form for a new bank or financial institution shall be approved by the Village for properties in the Village's B-1 , &2, &3, B4 and B-5 Districts or unincorporated areas (except as provided in Sections 2.C., 2.D. or 2.E.) ("Temporary MoraWu1W1. B. Limited Time Period. The Temporary Moratorium, unless sooner terminated by Ordinance duty adopted by the Village Board shall remain in full force and effect for a limited period of 180 days from the effective date of this Ordinance. C. Limited Exception. Notwithstanding the limitations in Section 2.A of this Ordinance, a petitioner for annexation or concept and preliminary plan review in the Village's BA , B-2, B-3, B-4 and B-5 Districts Intended for new banks or financial institutions may seek an exception from the provisions of the Temporary Moratorium by filing a request for relief with the Village Clerk. Such request for relief shall be considered by the President and Board of Trustees who may, by ordinance, grant the petitioner or applicant an exception to the provisions of the Temporary Moratorium. In order to obtain an exception to the provisions of the Temporary Moratorium, a petitioner or applicant shall demonstrate by deer evidence, and the Village Board of Trustees shall determine, (a)(1) that the effect of the Temporary Moratorium has caused or will cause an economic hardship on the applicant; (ii) that the applicant has no other reasonable use of the property in question other than the proposed use; (IN) that the applicant has made substantial investment in the development of a new bank or financial institution that is affected by the Temporary Moratorium, which Investment was made in reasonable reliance on the regulations in effect prior to the Temporary Moratorium; and (iv) that the construction or occupancy of the new bank or financial institution as proposed complies with all other Village ordinances, regulations, and rules. 2 D. Exemption of Pendina Applications. Notwithstanding the limitations In Section 2.A of this Ordinance, the Temporary Moratorium shall not apply to any petition for a new bank or financial institution in spaces or shrctures in the Village's B-1, B-20 B-31 B-4 or B5 Districts if, prior to the effective date of this Ordinance, the owner of a proposed new use in spaces or structures in (or proposed to be in) the Village's B-1, B-21 B•3, B-4 or B-5 Districts has submitted to the Village a completed and executed petition or application for. (1) concept and preliminary plan review (inclusive of all required fees and submittals; or (2) subdivision approval or zoning relief, provided such approval or relief is granted by the Village. E. Conditional Proeessina of New Applications. Any proposal to build, remodel, alter, or otherwise establish new banks or financial Institutions in spaces or structures in the Village's &1 , B-2, B3, B-4 or B-5 Districts affected by the Temporary Moratorium may still be presented to the Village for consideration, and such applications will be processed conditionally during the pendency of the Temporary Moratorium, but no such application shall be finally approved: (t) until the expiration of the Temporary Moratorium, and (0) unless the application complies with the applicable regulations in effect following the expiration of the Temporary Moratorium. Persons filing applications pursuant to this Section 2.E shall do so at their own risk. F. Exemption of Application for Existina Bank or Financial Ins6bMons Notwithstanding Section 2.A4 the Temporary Moratorium shag not apply to any renovation or remodeling of any existing banks or financial Institutions in the ViIWWs'B-1 , B-21 B-3, B■t or B5 Districts provided that the renovation or remodeling is based on the some square footage, nor shall it apply to the replacement of any such banks or financial institutions with other comparable uses of the same square footage. G• Financial Institullikins, For purposes of this ordinance, the term "financial institutions" shall apply to facilities where the primary use is as a financial institution and shall not apply to facilities where the primary use is a currency exchange or a loan office. Section 3• Report to Village Board, The-Village Manager and staff are hereby authorized and directed to consider revisions to the provisions of Title 16, Development, and Title 17, Zoning, of the Buffalo Grove Municipal Code regulating non-retali uses in the Village' business districts and report their recommendations to the V'Mege Board within 60 days of the adoption of this Ordinance. Section 4 Severabli ty. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. Section 5. Effective Date_. This ordinance shall be in full force and effect from and after the date of its passage, approval, and publication in pamphlet form. AYES: 5 - Braiman Gloverr Berman Johnson Trilling NAYES: 0 - None ' ABSENT: 1 - Kahn PASSED: March 15 20D4- 3 APPROVED: March 74 12004. PUBLISHED: March 16 12004. APPROVED: Vitlag�ent ATTEST: V Ow7c . Clark 4 Village Board Meeting Agenda Item XIII-A Monday, June 7, 2004 60 day Report Concerning the Agenda Section: Regular Agenda: Old Business Order In Section: A Temporary Moratorium for Banks Type of Item: Presentation on Agenda and Financial Institutions, Department: OVM Requested By: Ghida Neukirch Prepared By: Ghida Neukirch Trustee Liaison: Trustee Berman Additional Other documents or exhibits can be found as Documentation: follows: Trustee Lounge Other Agenda Items: Overview This is a follow-up from the May 17th Board meeting agenda whereby this agenda item was deferred. On March 15, 2004, the Village Board approved Ordinance 2004-35, establishing a temporary moratorium on development of new banks and financial institutions in the Village's Business Districts. Following is a sixty day report since the adoption of this Ordinance. HISTORY. The Village Board had expressed a concern regarding the possible over-development of banks and financial institutions within the Village's business districts. In order to address this issue, a comprehensive review of various planning, zoning and legal matters was warranted. A subcommittee met on two occasions to adequately study and develop suggestions and recommendations. The following individuals were selected to serve on the subcommittee: 1) Lester Ottenheimer, Plan Comm Chair 2) Eric Smith, Plan Commissioner 3) Barry Stark, Plan Commissioner 4) Howard Teplinsky, Plan Commissioner 5) Ghida Neukirch, Asst. Village Manager 6) Robert Pfeil, Village Planner 7) Greg Summers, Associate Planner 8) William Raysa, Village Attorney Trustees Jeff Berman and Steve Trilling, Liaisons to the Plan Commission, added great feedback to this project. A three-ring binder of meeting minutes, newspaper articles, copies of other municipal moratoriums, and supplemental information relating to this subject is located in the Trustee Conference Room for review The Ordinance was approved for a period of 180 days, unless sooner terminated by the Village Board. During the term of the moratorium, no petition for annexation, concept and preliminary plan review, zoning special use, or Tenant Use Form for a new bank or financial institution shall be approved by the Village for properties in the Village B through B5 Districts or unincorporated areas (except as detailed in the Ordinance). BANKS IN BUFFALO GROVE Attached please find a spreadsheet identifying the 22 banks in the community. Based on a population of approximately 43,000 residents, the ratio of banks to residents is approximately 1,950 people per branch. This figure is significantly less than the national average of 3,313, according to the Federal Deposit Insurance Corp. ("Chicago Suburb Puts 6-Month Ban on New Branches", American Banker, Kuehner-Hebert, Katie, 3/26/2004). Of the 22 banks in Buffalo Grove, 14 different banks are represented; 14 or 63% are zoned in the B-3 District, and 18 or 81% are zoned in the Village's Business District (B-1, B-2, or B-3). LEGAL RESEARCH - ZONING AUTHORITY Attached please find correspondence from Bill Raysa dated 4/26/2004 concerning zoning classifications based on economic impact and equal protection, specifically for banks and financial institutions. Mr. Raysa references Attorney Elena Penick's memorandum on this subject. The conclusions of the memorandum support the following 1 ) Economic impact upon the Village is a valid zoning consideration; and 2) That an equal protection argument will not exist if the Village supports its decision with adequate justification for the classification. Based on a thorough discussion of the committee on this subject, the following recommendations are being presented this evening for Village Board feedback OPTION 1. Create a special use requirement for every type of use that requires a drive-thru. According to the Village's current Municipal Code, Chapter 17.44, only drive4hrough facilities for retail pharmacies for the "drop off of prescription orders and pickup of prescription medications and over-the-counter medical items" require a Special Use. Restaurants, coffee shops, dry cleaners and other types of uses that have drivethroughs do not require a special use for the proposed drive-through. Bill Raysa acknowledged that if a use is before the Village because of the drive-through, the Village is not limited to regulation of the drive-through alone. The Village would have more control in determining the building design, layout, size of the project, traffic flow, landscaping, hours of operation, and other issues. OPTION 2. Prohibit banks and financial institutions from all B-3 zoning classifications. As previously indicated, sixty-three percent (63%) of the banks in the community are currently in the B-3 District. The Village is aware of three banks which are seeking to expand their branches: Chase Manhattan and J.P. Morgan; Fifth Third Bank has one site in Buffalo Grove and they have expressed an interest in another location further north in the community. Prohibiting banks and financial institutions from all B-3 zoning districts would still provide residents with several banking options to choose; and the facilities seeking a site in Buffalo Grove could explore opportunities in the Office & Research District (O&R) where banks and financial institutions are permitted uses. OPTION 3. Limit banks and other non-retail uses to the major corridors in the community that have sigufficant development or redevelopment potential --Half Day Road, Aptakisic Road, and Milwaukee Avenue. The committee discussed the creation of an overlay district to effectively plan the corridors detailed above. This overlay district was approved by the City of Highland Park in late 2003 for their Central Business District, and other area communities for their prime retail areas. The overlay district creates a plan for zoning the area and controlling non-retail uses. The aforementioned three options will be discussed in further detail at the meeting AVAILABLE FOR REVIEW: A. Ordinance 2004-32, An Ordinance establishing a temporary moratorium on development of new banks and financial institutions in the Village's Business Districts. B. Neighboring community actions —Highland Park, Lake Forest, Libertyville, and Long Grove. Status report of research. C. Newspapers, magazine, and banking industry report(s) FDIC State Profile, Winter, 2003. Provides the number of banks in Illinois by6 categories. "The Banking Crises of the 1980s and Early 1990s: Summary and Implications"by George Hanc. Banking Review, 1998, Volume 11 , No. 1 . www.fdie.gov/bank 10 pages provided of a 72 page report. Discusses banking legislation & regulation and bank failures and their impact. "Are there too many bank branches" by Andrew Chow, Medill News Service. Daily Herald 7 May 2004. "Village puts banks on extended holiday' by Kimberly Fomek Buffalo Grove Countryside. 25 March 2004. "Fifth Third sees growth there, but so do others" by Jon Newberry. Washington Post. 22 January 2004. MEMORANDUM TO: Bill Raysa FROM: Elena Penick DATE: 4-23-04 RE: Village of Buffalo Grove — Zoning Classifications Based Upon Economic Impact PURPOSE: The purpose of this memorandum is to determine whether economic impact (e.g., generation of sales tax revenue) is a valid zoning classification for a home-rule unit. CONCLUSION: Home rule municipalities appear to have authority to make zoning distinctions based upon the municipal revenue that a given use will generate. Furthermore, drawing such a distinction does not necessarily pose an equal protection clause problem, unless the economic distinction is itself carried out unfairly (e.g., where two uses of similar revenue-generation are treated differently without basis). ANALYSIS: The usual zoning justifications (e.g., traffic, noise, light) are concerned primarily with impact on the physical environment, so that a zoning openly based upon municipal sales tax revenue seems odd, if not unlawful. This observation comports with zoning's historical grounding in the law of nuisance: [T]he law of nuisances, likewise, may be consulted, not for the purpose of controlling, but for the helpful aid of its analogies in the process of ascertaining the scope of, the [zoning] power. Thus the question whether the power exists to forbid the erection of a building of a particular kind or for a particular use, like the question whether a particular thing is a nuisance, is to be determined, not by an abstract consideration of the building or of the thing considered apart, but by considering it in connection with the circumstances and the locality. A nuisance may be merely a right thing in the wrong place, like a pig in the parlor instead of the barnyard. Village of Euclid v. Ambler Realty Co., 272 U.S. 365, 387-88 (1926). Although one could always dream up some difference in the physical impact of a bank versus a boutique, assuming for the sake of argument that there were no such differences, favoring the boutique for its sales tax revenue has nothing to do with the "circumstances and the locality." Two questions seem to emerge from this situation: ( 1 ) does a home-rule municipality have the authority to zone for purely economic reasons?; and (2) does a purely economic rationale pose a problem under the equal protection clause? 1. Zoning Authority "A home rule unit has the power to enact whatever zoning ordinance it chooses as long as the legislative enactment comports with constitutional requirements." Thompson v. Cook County Zoning Bd. of Appeals, 96 I11.App.3d 5617 569 ( I' Dist. 1981 ). Non-home rule units, on the other hand, are authorized to enact zoning ordinances pursuant to Division 13 of the Illinois Municipal Code. See, 65 ILCS 5/11 - 13-1 et seq. "Zoning is primarily a legislative function, subject to court review only for the purpose of determining whether the power, as exercised, involves an undue invasion of private constitutional rights without a reasonable justification in relation to the public welfare. . . . For that reason, a zoning ordinance will be upheld if it bears any substantial relationship to the public health, safety, comfort or welfare. . . . The challenging party must establish by clear and convincing evidence that the ordinance, as applied, is arbitrary and unreasonable and bears no substantial relation to the public health, safety or welfare." Thompson, 96 III.App.3d at 575-76. See also, Catholic Bishop of Chicago v. Kingerv. 371 Ill. 257, 259 (1939). The validity of a zoning ordinance is tested according to the factors laid out in La Salle Nat' l Bank of Chicago v. County of Cook, 12111.2d 40, 46-47 ( 1957), and its progeny. Many of these factors fail to address the question presented by this memorandum. For example, though the "existing uses and zoning of nearby property" is a relevant consideration in an as-applied challenge, it does not touch upon the more fundamental question of whether economic impact is a proper zoning criterion. This question is only encompassed by the more general test of zoning propriety; that is to say, whether the generation of municipal revenue is substantially related to the public health, safety, morals, comfort and general welfare. See, La Salle Nat'l Bank, 12 Ill.2d at 46. Clearly, a loss of local property value has long been held to be a valid zoning consideration. See, Neef v. City of Springfield, 380111. 275, 280-81 ( 1942). In Neef, the Illinois Supreme Court stated: [A]Ithough the value of appellants' lots would be increased if they could be used for commercial purposes, the erection of a filling station or any commercial building thereon will decrease the value of the other property in the neighborhood by an even greater amount. In other words, to permit appellants' lots to gain in value it is necessary for the entire neighborhood to lose and the city to suffer by the resulting loss in taxable value. The prevention of such a loss by the city is one of the specific purposes for which the zoning power is granted, and is directly related to the public welfare. On this ground alone, we think the ordinance should be sustained. [Emphasis added.] Neef, 380 III. at 280-81 . It is unclear from the above statement whether the validity of such an ordinance depends more on the impact on the physical environment and the rights of the neighboring property owners than on the effect on the city's wallet. More recent authority suggests that economic impact on the municipality itself is a perfectly valid zoning consideration. In City of Chicago His v Living Word Outreach Full Gospel Church and Ministries. Inc., 196111.2d 1 , 6-7 (2001 ), the Illinois Supreme Court held that the denial of a special use permit for a church was improper where the church satisfied the special use criteria in the city's ordinance and the denial was based solely on the use's conflict with the city's comprehensive plan. City of Chicago His., 196 111.2d at 25-26. The city planner attempted to explain that "the City was suffering economic problems and was approximately $57 million in debt" and "needed to 2 `Rllinois laws curbed banks' size, scope" by John Schmeltzer. Chicago Tribune 16 January 2004. "Chicago Suburb Puts 6-Month Ban on New Branches", by Katie Kuehner-Hebert. American Banker. 26 March 2004. "Fifth Third eyes further expansion in Chicago" Interview with Brad Stamper, President and CEO of Fifth Third Bank-Chicago, by Jim Elsener and Larry Avila. Business Ledger 13 January 2003. "Area banks plan big branchc:g out, Expansion plans intended to curb customer losses"by Janet Kidd Stewart. Chicago Tribune. 9 October 2002. "In Chicago, Expansion A Step-by-Step Process", by Laura Mandard. American Banker. 5 September 2002. `Banks bloom in local climate, Lack of behemoth spurs competitiod' by Mark Skertic. Chicago Tribune. 2 June 2003. D. Phone conversation with Scott Clark, State of Illinois. Office of Banks & Real Estate regarding the history and future of the banking industry. Chicago Suburb Puts 6-Month Ban on New Branches American Banker Friday, March 26, 2004 By Katie Kuehner-Hebert The backlash against bank expansion in the Chicago area continued as another suburb slapped a moratorium on new branches. On March 15 the village board of Buffalo Grove, 111., which is north of Chicago, unanimously approved a six-month moratorium on the opening of any bank branches in the community. The board may later revisit the issue and designate specific areas where branches can open, said village trustee Jeffrey Berman. "We are part of an avalanche of new bank branches here," Mr. Berman said in an interview Thursday. "Everyone is in a frenzy to establish their presence before the inevitable consolidation occurs - presumably they're hoping they will be the ones left standing after the donnybrook is completed." There are 22 branches in Buffalo Grove, which has a population of around 43,000. That ratio of about 1 ,950 people per branch is far fewer than the national average of 3,313, according to the Federal Deposit Insurance Corp. Both Bank of America Corp. and the $4.3 billion-asset Wintrust Financial Corp. of Lake Forest had branch applications pending when the moratorium was imposed, and the board said those requests may still be approved. Mr. Berman said the trustees are concerned that too many banks are taking up valuable commercial space that could be occupied by retail businesses that would generate sales tax revenue for Buffalo Grove. "While banks are a valuable presence in any community, too much of a good thing may not be so good." About a dozen Chicago suburbs have explored ways to stem the number of new branches in their community. Last year Lake Forest became the first community in the region to pass a moratorium on the opening of any nonretail" establishments in its central business district. Lake Forest then had a population of about 20,000 and 13 bank branches. Debbie Jemison, the vice president of communications for the Illinois Bankers Association, said communities are "really missing out" when they limit branching. "Banks make really good neighbors in these communities," Ms. Jemison said. "Banks do bring in tax dollars, mainly in the form of property tax, and there are lots of people who work at banks who contribute to the communities by volunteering in local activities" Federal banking regulators cannot overrule such moves by local communities. The Office of the Comptroller of the Currency may preempt certain local and state actions, but it does not have the authority to override zoning decisions. The growing revolt by Chicago-area towns does not seem to be spreading to any other part of the country. Still, in its spring 2004 regional outlook, the FDIC expressed concern about the pace of branching in several states in the Southwest, particularly Texas, which had a net gain of 214 branches last year, significantly higher than the average state's gain of 28. Even so, Stephen Scurlock, the executive vice president of the Independent Bankers Association of Texas, said communities in the state probably will not follow in the footsteps of their northern counterparts. "I cannot imagine any place in Texas that would ever put a moratorium on bank branches - it is just not something we do here," he said. http:IMmvw.americanbanker.com 04 /05/04 16 : 20 V8479143078 WALGREEN RE . DEPT 0002/016 Chicago Tribune .Tune 1 , 2003 (Page I of 3) Banks b in local clim,at+� Lack of behemoth spurs competition By Mark Slo rtic Years," said Catherine Czer- Bankers also are reacting to Tribune staff reporter njak, Juke Forest's director of plans by out-a-state adversat- commmutydevelopment ies, includhtgBankofAmeri- Lake Forest is among the It's unlikely that the Chita- ca and Washington Mutual, ties m ay Chi banks Psis common!- go area e all the customem which are moving in with naw branches. Unlike most banks in business,somefman- the arkeet out a slice of Other towns, a moj north has imposed a mor riuburb 6W analysts warn. But that Driving the decision for atorium on isn't slowing branch develop- many is the acknowledgement even considering plans for wont, that theycan'tbetrutynatien- banks and other new non-re M01ethan130new branches albankswithoutamajorpres- tell centers. areplanned for the area in the ante in Chicago. The city wants to ensure next la.months. Those include ' It's our intention to be- that banks' building plans everything from branches in come a significant player in won't crowd out other retail grecery stores to new, multi- Chicago," said Wells Stan- development and leave the story buiMmgs. The moves wick, who heads Bank One's suburb with a Mutofbuildings - are an effort to boost revenues locationplanning£orretailex• suitable for nothing but by adding clients or keeping pension. "We're not just dip- . banks. "We don't know that 15 those who have moved to fast- banks will be here in a few growing suburbs, PLEASE SEE BANKS, PAGE is Making a play for the Chicago market The metropolitan area has become a retail banking battleground, with a host of banks announcing aggressive expansion plans. RETAIL BANKING MARKET SHAREr CHICAGO METRO AREA Asoflune3Q2002 - Bank One: 14-3% -- Other.45.6% LaSalle Bank: 12.6% Harris Bank 9,0% Cltibank 4.1%. Bank of America; Northam Trust 4.0% 7.4% MidAmerica Bank;2.1% Charter one Bank: 3.3% ,Ffth1hird Bancorp:3.1% Nord;Includes pending acqulslauns or Fidelity Bancorp by MidAmer co and of Advance6ancorp by Charter one Source:Federal Deposit Insurance Corp, ChlcagoTdbune 04 / 05 /04 16 : 21 %R8479143078 WALGREEN RE . DEPT IA003 / 016 Chicago Tribune June 17 2003 (Page 2 of 3) BANKS: Number of locations - 9 "ttieatv�tcys '�eflrott�rtuea. , . . IMIn®is laws BankofAmenca 1 10 more this year and anot her 5 __ 15-20 by the end of 2004 restricted Bank One - _206 _iTmoreby the end of this year Charter One Bank- 96 4 more by the end of this year ° Citibank SQ -_-- - --- expg7IS 0Y1 Noexpansionplans Fifth Third Bancorp 77 74 more by neM Mardi CONTINUED Mom PAGE i Harris Bank 145 7 more this year,5 next year, Ding Our toe in the water,, - - - _ _- and 33 more within five years For customers, it means com- LaSalle Bank 129 25 mom within the next two years _. --" - -__ . ---_ - . more .. . ._ .__..._... _. deposits rates to certificates a Mi' Ath " ca Bank 39 5 more by October,3 more in 2004 deposits and loans. It will be ._ . ._ ... . . .. _._ . _. _. . ..- -_ . -. . - -. . ---_- -... . ---- harder than ever for a bank, to North ern Trust 19 No expansion plans tack on fees for visiting a teller Washington Mutual It Plans 70 offices this year or not maintaining MM;MidgmMiWtotak include Fiderrtyaancorp;Uarterone includes Adranreaasmry. chOcking,acot maxt balance. SWIM various banks CTicagoTrihonc You don't like how your bank is treating you? Chances are branches to muscle outcompeti, Crowded field no deterrent there's another bank not too far don. 1 away. Your choices range from Banks were prohibited from ;'If it's an area that's a grow- huge national banks to huh- having branches until 1967, ing area, even if there's already dreds oFCOmmiutify banks, when the law was changed to let a lot of banks, we want to go be- In most parts of the country, them add a drive-in facility cause our customers are mov- customersdon'thavetliatrange within 1,500 feet of the bank ing there,' Jerry Goldstein, Of options. The market here is Over the years, restrictions on Bar One's retail banking chief fragmented, and banks are add. the number of branches and so Chicago. "Part of it is defen- - ing branches because they see where they could be located save- And the other part is we the chance to grab a larger were loosened.Ini993 they were thick our products are superior share, said Sean Ryan, a bank- dropped altogediec But the to the other guys'." ing analyst with lnde endent to Yasmin Bates, who oversees P ngtime restrictions have left a Harris Bank's operations south Research Group LLC. But not legacy: lots of banks, including of the city, puts it simply: "We III Of them will succeed. he said. many thriving and entrenched "It's like with the airlines— communityinstautions. want to be where our customers there's too much capacity, but "Banks, they're like baby rab. need us to be. We don't shy away no one wants to blink first" he bits—they're all over the Chica- because there's another bank said. "Notexactlyamodeltoem- go area,' said Charlene Stern, there," �th-'1 senior vice president of exyutri• That hasn't stopped others Competition in the Chicago once retail with NewGround, a from launching ambitious ex- market is fierce because, unlike company that advises financial pansion efforts. Bradlee Stam- meny states, there is no truly institutions on designing and per head of the Chicago branch dominant bank in Minois. The constructing buildings that fos• of Cincinnati-based Fifth Third three largest in Chicago togeth. ter brand loyalty. Bancorp., has announced plans er control less than 40 percent of Chicago's largest banks— for adding 2u branches ever 20 the market. In New York, the Bank One, LaSalle and Harris months. two largest Maim have more Batik—are m the midst of We've opened six, and we than 55pereent ofthe market. In branch expansion. Smaller area control the dirt on the other 14." Los Angeles, four banks control banks also are growing by add. he Stamper insists he can't wor- half the area's deposits, ing new locations. Chicago lacks a sir_gle bank. ry about others. ing behemoth because, until a "WedaWt look atthe Loop and decade ago, it was impossible say there are too many banks for any bank to acquire enough there," he said. "We look at the r Loop and sW there aren't enough Fifth Thirds." It was Fifth Third's decision to bmia in Lake Forest that prompted the moratorium, which expires this month. The development forced out a local dry cleaner, and some residents were angrythat the retailer was gone. 04/05 /04 16 : 22 "x°8479143078 WALGREEN RE . DEPT Z 004/ 016 Chicago Tribune June 1, 2003 (Page 3 of 3) The city's plan commission Banking there is designed to has been reviewing its policies bealaid-back retail experience, to work with ndri-retail centers a little like visiting the Gap or such as banks to see if new Starbucks. There are no teller buiktingsalsocanincludespace windows. Rather, "service rep- _ for such retail uses as cleaners resentative3" are stationed at or coffee shops. If a bank should tower stations. White the kids later leave, a building con• head to the toy-stocked play sheeted with retail in mind area, mom and dad hen meet could be more successful at. with someone from the bank, trading a new tenant. The environment was designed Many communities are going by the same company that ad. visedDisneyonhowto setup its to see bankrrantesthatare unfa• Disney Stores, aceordfng to miller to the Chicago banking Washington Mutual. scene. Was tins taench tla the ill Washington tereating wrench that will sedated locally with mortgage change the playing field in the lending, not checking and sav- Midwest," said NewGround's fngs accounts. That will soon Stern, Change. The SeattWbased bank the bank, which is not one of York banking market has managed to grab a piece the her clients, has had success that the can't be dismissed, she'said. over the last two Chars. Now, it Too many bankers are trying wants to come to Chicago, to retain and attract clients us. A different approadl ing a centuryoid model: open In October, Washin on Mu- an office and offer a product reef announced if was brin that's not much different from Bing the competition's. They have to its unique style of banking to give people a reason to choose a Chicago in a big way: 70 banks particular bank, Stern said, de- by the end of 2003, with prom- scribing itthis way: ises to nearly double that nun). "It's like cofee. Nobody was her by the end of next year. saVittgwe need another brand of More than six months later, - coffee. [Sterbucks founder] there still are no Washington Howard Schultz would be in- Mutual banks in the area, The sultedif you said, 'AA you sellis invasion is poised to begin, another overpriced cup of eaf- spokesman Derek Aney said. fee' This summer we'll start "He sells a time out, an indul- opening them," he said. "We'll gent experience that is more af- have the 70 by the end of the fordable than going to a movie. year' It's a $4, 10-minute retreat. Washington Mutual can ramp That's what Howard Schultz up that quickly because it's not seas." Putting up new buildings. In- Banks are selling a commod- stead, it sets up what it calls the ity, and people will buy that in a "Ocassio" (Latin for "favorable place where they feel most com. opportunity") style of banking Portable, Stern said. inside. "F'or bankers," she said, "the key is. are you of'eringanytbing different?" 04/05/04 10 : 22 dU8479143078 WALGREEN RE . DEPT Im005/ 016 American Banker September 5, 2002 In Chicago, Expansion Chicago the eapastrion at Welk Palm M, A Stemb Ste process fmuana, the head ofiumortgage p Y° p Deans a�ntiom M an Ntarieor, nonage Inc Maio end North• last week that he eq eda to open oar tAUta to ban we" begins,avid he was hired in rum or three mare offices this and insurance DudnoreesI Sett yea, Welk has retrained 30 iota Om-of-amre exporting comps• List year it has opened eight �0 m help the comp ny oso:ty this year and pbvs ro tries intent on WssndinB k the mot e o pp builda °dominant modern share." Chicago arcs are doe so kero- ring meta in the arcs Mrants'hilc, The Seattlmbsaed best about 210 in the Chicago mentally by o m B steffird with 190 loan offices, and lWmhiagtDa a Manta feat ha Dam arm by Ymrr ad adding to edadng� s re t car k says b aspects m ban 300 loan because of pn:vioM acquki- ones car they af=rs k that market by the cad trolling locations for s tiom, the company can open wait for middle companies in of non pot its Acordis inmrmre rcFo�Y p� bane beandux In Moh if it m that market m come up for laic ape en is also based la that m open 50 to Chia" in the nag chooses it currently operates The San Frmrism•Daed Wells drys and Walls ratatly opned n three ahem a dawn 6dandt= Dear the Fargo 8t Co., where chairman has private banking oBia there. Fifth Third Bancucp of Cindn- fovea border and in Gdr Major been vary public about his denim lames P. Lieaanr- rise 'Ne65 nad has opened two branch= in The push to open onus k to egnand in Chicago, is arcade Fargo Hose Mortgage regional rite Chicago °rm' Ito Flfih Third Chicago has made places like building through its mortgage Bank Chicago Pleas m open 20 goanpon Findmgevairy nag Spada eoelaeed shopping malls Dot 6«Paver myhint6eneawtmmDsaodM1Lt aateofthechall 350 people aver rise mhatweYear, challenges In Chicago. eommactims "yoking comps. addirtgmea eau ' siaffof 1,750. Bmca loco k February ^tort Mc Sullivan mid "It's not It seems the b R ry, mcammoa t0 look a a site for a 1g gram- "lbetonmm=bmkronrinues diamond find outfiva beaks bave parties an getting impudent to to look at am markets nation. already looked aft." reads C2nicago's gnawing urban widy" Mr Gulick said. Btadia Stamps, the president and suburban population, and Wdh Fargo and Fifth Third, and rhiefearautjmoQtav of Fifth then ' s d=dth of midake bads which have a4=dy muted the W Third Bank Chicago, has been an s. Lasr have operatimu m the noh tna'kct tlrmaglr acquiddom, overseeing the comp s rapid seta. LaarygrFihhThirdmey�ed may tour a alight edvaocage over buildup them. He rays dent eom- one of the have ones aveBeble. By Wsmu. Senn ClarkR an asdsmOr pegdon for read spay parden acquiring the 533.8 bBllem et rammiadoner furthe oic0fr: last)] the stand-alone buildings Old count Financial Corp, of of Banla and R=I Farm, sad thus with dtive•tluough windows that Grand Rapids, Midi" it gained 13 Wamu meant open bank branches PiBh Thhd favemhu bemtaugh. branches In Chicago and raised in there unrtl n acquires a bank tha "We foul Dorsch= competing dtf'osit slam k that dry m 3.74b. Blm* has branches a haadqum" with not just basks but a Ira of "Feu need at buy branches to conk thesmrcand aduxnrnne is foBu — rewgera phamwwsHdl rally have a presence in Chicago, main dam hue veers Did, eem8em, nammme — on good ben theses not Mat many good- Wamu her about 2,000 reel ptae,° Mn gempermid SW insti�ions le@:said famish troplorres in BBeoh, but Mon of Heweva, marine[ dynamics Sullivan, the president and them work at loan unitingg 9iks lave made the fight for spore fautedar of Market insights Inc, a like to center in Von. FInVs, The haw ma a Chicago-band acti on and mtupmry also operates It W4ah- This year Fifth Third's Chicago iogmn Manual Home lute Cm- unit won a companywide merest Until 1993 IDinoh law restritt• seta,which are mud"kmostgage by openingtha meet new demand ed beak branching, so the stores offices, and seven consumer deposit accounts in Igo days. bank madrer was more ftagmost. fittaom offias. N6o, the newly opened branch k adthm Even n therein mesa othersmr� Rave Hem, a spoksa br for the Chlongo suburb of Sebaum• Even now Mods bar a pledhon Wamu,said that about 7 of the l l bung, with door to $20 minion of afbadu with 31 billion to 52 ba• moeffiage o�vsarc its thes7nicago depoaits. is dose mbeeespiog°the lion of man thin 00-O d6t slang- ana Ile said he was not aware of faaatt growing backing a ntra k Side biggggeer oompeni= lies the plena m kaent that number the history of the book." Mr. Chicago-based Back three Corp., Hiring will dictate the pace of Senorita, said. a half an amalgam of in-atae and out-of- core banks, Some out-oFmwne= are more about their plus. Last month the Chicago tribune quoted an untamed mount a saying that Wamu planned m build So bank branches there over the nest own M three years. Nan Gulick, a spokesman for the company, would not describe its consumer banking strategy in Chicago. To do so would be "mmmrnmsg on speculation, and we don't cum. meet speculation," he said. However, such an entry would be in keeping with the componyk Previously anted show.Wamu hen been buying romumef banks or hugding branch networks, usuel• IY made up of its Starbucke-like Of oiv branch=,in high-growdi urban markers across the country, In December it rolled out the first of its planned 40 to 60 Cerasio branches in Adam; it plans to Open 40 in New York in conjunc- tion with its WAulsidon of Dime 04 / 05 / 04 16 : 29 6*8479149078 WALGREEN RE . DEPT [a] 006/016 n o m r ~ Eeo c'' mFe3 a Am pmi m Q m m W $ m 4 w m O_ fn A .0 U p ,y Ci m a + E++ v � bm a rC �A u C C w Ly aum mwAmom m' Pp '� o � •� � m d16 ao 9x Cm �ppa a. aO ' wCmWO cCnsi `m ^qa 'ap m WIER W b a mA � O Z $ d $ w a� W eu _ ?� m w V -qa " F .pi4p � N nm UPC m� a'7 ° ad 8bW3 .raa nAo. 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WU q .�•'. � « r. ¢�+ + tt7 :? a' G Ca,U .0 pvp o .� � c+am � ... x -� c+ c� ¢¢m�� .,� NN �✓ mmu •-� � eoW m c� E 4d G '.. .: b m a- �• A�aa M�� U 'O d"+ •�. m � G '6 'w^ m Raw �. m ` m �^ y •P^, A a� � •mC .s°s: U � � wu � � � � 3/11 /04 ORDINANCE NO. 2004- AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON DEVELOPMENT OF NEW BANKS AND FINANCIAL INSTITUTIONS IN THE VILLAGE'S BUSINESS DISTRICTS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, the Village of Buffalo Grove desires to preserve the character of the Village's business districts by encouraging the appropriate mix of retail and non-retail uses in such districts; and WHEREAS, the Village has experienced a drastic increase in the number of development proposals from banks and financial institutions regarding property in the business districts of the Village, or property planned for annexation to the Village; WHEREAS, banks and financial institutions require greater attention and service from the Buffalo Grove Police Department for safety and security reasons; and WHEREAS, an appropriate mix of banks, financial institutions, and retail service uses is necessary in order to ensure the vitality and commercial character of the business districts in the Village; and WHEREAS, the best interests and welfare of the Village and its residents require that the Village understand the patterns and demand of the growing banking industry and consider whether additional regulations are necessary or appropriate to manage the potential overdevelopment of banks and financial institutions in the Village's business districts; and WHEREAS, the establishment of new banks and financial institutions in the Village during the pendency of any such consideration may change the character of the Village's business districts to the possible detriment of the Village and its residents; and WHEREAS, in order to prevent a change in the character of the Village's business districts, the Village President and Board of Trustees have determined that it is necessary and in the best interests of the Village and its residents to impose a moratorium on any petitions for annexation, zoning, or special use for proposed new banks or financial institutions in the Village's business districts, as more specifically set forth in this Ordinance, in order to provide sufficient time for the Village to consider the possible adoption of additional regulations; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1 . Recitals. The foregoing recitals are hereby incorporated into and made a part of this Ordinance by this reference. Section 2. Temporary Moratorium. A. Establishment. Beginning on the effective date of this Ordinance, no petition for annexation, concept and preliminary plan review, zoning, special use, or Tenant Use Form for a new bank or financial institution shall be approved by the Village for properties in the Village's B-1 , B-27 B-31 B-4 and B-5 Districts or unincorporated areas (except as provided in Sections 2.C. , 2. D. or 2.E.) ("Temporary Moratorium"). B. Limited Time Period. The Temporary Moratorium, unless sooner terminated by Ordinance duly adopted by the Village Board shall remain in full force and effect for a limited period of 180 days from the effective date of this Ordinance. C. Limited Exception. Notwithstanding the limitations in Section 2.A of this Ordinance, a petitioner for annexation or concept and preliminary plan review in the Village's B-1 , B-2, B-3, B-4 and B-5 Districts intended for new banks or financial institutions may seek an exception from the provisions of the Temporary Moratorium by filing a request for relief with the Village Clerk. Such request for relief shall be considered by the President and Board of Trustees who may, by ordinance, grant the petitioner or applicant an exception to the provisions of the Temporary Moratorium. In order to obtain an exception to the provisions of the Temporary Moratorium, a petitioner or applicant shall demonstrate by clear evidence, and the Village Board of Trustees shall determine, (a)(i) that the effect of the Temporary Moratorium has caused or will cause an economic hardship on the applicant; (ii) that the applicant has no other reasonable use of the property in question other than the proposed use; (iii) that the applicant has made substantial investment in the development of a new bank or financial institution that is affected by the Temporary Moratorium, which investment was made in reasonable reliance on the regulations in effect prior to the Temporary Moratorium; and (iv) that the construction or occupancy of the new bank or financial institution as proposed complies with all other Village ordinances, regulations, and rules. 2 D. Exemption of Pending Applications. Notwithstanding the limitations in Section 2.A of this Ordinance, the Temporary Moratorium shall not apply to any petition for a new bank or financial institution in spaces or structures in the Village's B-1 , B-2, B-3, B-4 or B-5 Districts if, prior to the effective date of this Ordinance, the owner of a proposed new use in spaces or structures in (or proposed to be in) the Village's B-1 , B-2, B-32 B-4 or B-5 Districts has submitted to the Village a completed and executed petition or application for: (1 ) concept and preliminary plan review (inclusive of all required fees and submittals; or (2) subdivision approval or zoning relief, provided such approval or relief is granted by the Village. E. Conditional Processing of New Applications. Any proposal to build, remodel, alter, or otherwise establish new banks or financial institutions in spaces or structures in the Village's B-1 , B-2, B-3, B-4 or B-5 Districts affected by the Temporary Moratorium may still be presented to the Village for consideration, and such applications will be processed conditionally during the pendency of the Temporary Moratorium, but no such application shall be finally approved: (i) until the expiration of the Temporary Moratorium, and (ii) unless the application complies with the applicable regulations in effect following the expiration of the Temporary Moratorium. Persons filing applications pursuant to this Section 2. E shall do so at their own risk. F. Exemption of Applications for Existing Bank or Financial Institutions . Notwithstanding Section 2.A, the Temporary Moratorium shall not apply to any renovation or remodeling of any existing banks or financial institutions in the Village's B-1 , B-2, B-3, B-4 or B-5 Districts provided that the renovation or remodeling is based on the same square footage, nor shall it apply to the replacement of any such banks or financial institutions with other comparable uses of the same square footage. G. Financial Institutions. For purposes of this ordinance, the term "financial institutions" shall apply to facilities where the primary use is as a financial institution and shall not apply to facilities where the primary use is a currency exchange or a loan office. Section 3. Report to Village Board. The Village Manager and staff are hereby authorized and directed to consider revisions to the provisions of Title 16, Development, and Title 17, Zoning, of the Buffalo Grove Municipal Code regulating non-retail uses in the Village' business districts and report their recommendations to the Village Board within 60 days of the adoption of this Ordinance. Section 4. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. Section 5. Effective Date. This ordinance shall be in full force and effect from and after the date of its passage, approval, and publication in pamphlet form. AYES: NAYES: ABSENT: PASSED: 12004. 3 APPROVED: , 2004. PUBLISHED: 2004. APPROVED: Village President ATTEST: Village Clerk 4 TO BE PUBLISHED 7/31/2004 ZONING ORDINANCE AMENDMENT - VILLAGE OF DRIVE-THROUGH FACILITIES BUFFALO GROVE Phy Raupp Blvd. Buffalo Grove, IL 60089-2196 Phone847.459-2518 fax 847.459-7906 NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the President and Board of Trustees on Monday, August 16, 2004 at 7:30 P.M. in the Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, IL concerning the following matter: SUBJECT: Consideration of amendments to the Buffalo Grove Zoning Ordinance, Title 17 of the Municipal Code, concerning drive-through facilities. APPLICANT: Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Documents for the public hearing concerning this matter are on file with the Village Clerk and the Division of Planning Services, 50 Raupp Boulevard, and may be examined by any interested persons. Persons with questions concerning the amendments may contact Robert Pfeil, Village Planner, 847-459-2518. All persons present at the Public Hearing will be given the opportunity to be heard. Dated this 2Wh day of July, 2004. JANET M. SIRABIAN, Village Clerk Village of Buffalo Grove, IL 8/9/2004 ORDINANCE NO. 2004 - AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE CHAPTER 17 OF THE MUNICIPAL CODE OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Amendment to Chapter 17.12 — Definitions Section 17.12.197. — Drive-through service facility Amendment to Section 17.44.020.B. Permitted Uses in the B-1 District, Limited Retail Amendment to Section 17.44.030.B. Permitted Uses in the B-2 District General Retail Amendment to Section 17.44.030.C.17 and C.18 — Special Uses in the B-2 Business District Amendment to Section 17.44.050.C.17 — Special Uses in the B-4 Business District Section Amendment to Section 17.48.010.B.6 — Permitted Uses in the Office & Research District Amendment to Section 17.48.010.C.7 — Special Uses in the Office & Research District WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, a drive-through service facility is not defined in the Village Zoning Ordinance; and, WHEREAS, the Village has determined that text amendments to the Zoning Ordinance, Title 17 of the Municipal Code, are necessary concerning "drive-through service facility" to provide appropriate controls to ensure the public health, safety and welfare; and, WHEREAS, the President and Trustees of the Village have conducted a public hearing concerning said amendments and have determined that the proposed amendments are appropriate to properly regulate drive-through service facilities. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: 2 Section 1 . Chapter 17. 12. "Definitions" is hereby amended by adding the following: 17. 12. 197. : Drive-through service facility A business establishment that provides products or services to occupants in motor vehicles rather than within a building. Said facility is accessory to the principal use on a business property and does not involve the consumption of products in a motor vehicle on the property. Said facility is incorporated as an integral part of the site development and building design, including safe and efficient vehicular ingress, egress and queuing. Section 2. Section 17.44.020.B. Permitted Uses in the B- 1 District, Limited Retail, is hereby amended as follows: Banks and financial institutions, not including drive-through service facilities Section 3 . Section 17.44.030.B. Permitted Uses in the B-2 District, General Retail, is hereby amended as follows: Restaurants, not including drive-through or drive-in service Section 4. Section 17.44.030.C. Special Uses in the B-2 District, General Retail is hereby amended by adding the following: 17. Restaurant drive-in facilities for window service of prepared and packaged food where said foods are not consumed on the premises and drive-in restaurants or food stands catering to customers with facilities for parking on the premises for consumption of food in motor vehicles. 18. Drive-through service facilities for businesses other than pharmacies and restaurants. Section 5 . Section 17.44.050.C. — Special Uses in the B-4 Business District is hereby amended by adding the following: 17. Restaurant drive-in facilities for window service of prepared and packaged food where said foods are not consumed on the premises and drive-in restaurants or food stands catering to customers with facilities for parking on the premises for consumption of food in motor vehicles. 18. Drive-through service facilities for businesses other than pharmacies and restaurants 3 Section 6. Section 17.48.010.B. — Permitted Uses in the Office and Research District is hereby amended as follows: 6. Banks and financial institutions, not including drive-through service Section 7. Section 17.48.010.C. — Special Uses in the Office and Research District is hereby amended by adding the following: 7. Drive-through service facilities for banks and financial institutions Section 8. This ordinance shall be in full force and effect immediately from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES : NAYES : ABSENT: PASSED: APPROVED: PUBLISHED: ATTEST: APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village President Aug 16 07 03 : 51p p . 1 -J ORDINANCE No. 64� 0 ;2 EXTENDING A SIX-MONTH MORATORIUM ON THE ISSUANCE OF SPECIAL USE AND BUILDING PERMITS FOR ALL ZONING DISTRICTS WHEREAS, the Village of North Aurora is in the process of examining and investigating the development and vitality of the B-2 general commercial, B-3 central, OR and ORI office, research and light industry, and other zoning districts located within the Village to determine the compatibility of banks in those zoning districts and whether to revise the Zoning Code provisions providing for banks in those zoning districts; and WHEREAS, the Village has gathered valuable information and has engaged in beneficial analysis of the issues, but staff has not yet come to any final determinations or conclusions. NOW THEREFORE, be it hereby ordained by the President and Board of Trustees of the Village of North Aurora, Kane, Illinois, as follows: - SECTION 1 : The recitals set forth above are incorporated herein as the material findings of the President and Board of Trustees. SECTION 2: A moratorium on the issuance of special use permits for banks and other financial institutions, as primary uses, in all zoning districts of the Village of North Aurora, including planned unit developments in those districts is hereby extended on the same terms as Ordinance No. 05-08-22-02 for a period of six (6) additional months. SECTION 3: This Ordinance shall be in full force and effect upon its passage, presentation and approval according to law. Presented to the Board of Trustees of the Village of North Aurora, Kane County, Illinois, this day of 2006, A.D. Passed b the Board of Trustees ustees of a Village of North Aurora, Kane County, Illinois, this 74 day of 2006, A.D. Dale Berman Max Herwig Mark Oaffmo A14 Linda Mitchell �p 0 Michael Herlihy III UE Paul Shoemaker` Rug 16 07 03 : 51p p . 2 Approved and signed by me as the President of the Board of Trustees of the Village of North Aurora, Kane County, Illinois, this a day of 2006, A.D. Village Preside ' ." --- ATTEST: j Village Clerk �1� R\Samary\Clienln -Mumcipd\ IagaofNOMAwom\ZONUI�OniogipHGUnge1\BpMiu{mzmrium\ON, ex(¢pdingBeN[MOnlaeium-b1A6.da Aug 16 07 03 : 51p p . 3 ORDINANCE No. t4r& " �0 T P27 " © 7 AN ORDINANCE AMENDING THE ZONING PROVISIONS OF THE NORTH AURORA CODE RELATING TO THE FINANCIAL INSTITUTIONS WHEREAS, financial institutions are appropriate and proper uses in commercial zoning districts, and it is important to plan and provide for financial institutions in commercial zoning districts; and WHEREAS, financial institutions are becoming less centralized and more localized to serve local areas within the community, and local banking and financial uses are proliferating in the Village, usurping many of the prime commercial areas of the Village; and WHEREAS, B-2 General Commercial Districts are located along major traffic corridors and are, specifically, designed to accommodate highway-oriented uses and other uses that serve a larger market area, and the proliferation of banks and financial institutions in the prime areas of B-2 General Commercial Districts has an adverse effect on viability of those districts by usurping and displacing other uses for which those districts are primarily intended; and WHEREAS, the President and the Board of Trustees desire to harmonize the need for financial institutions in the community, and especially in the commercial zoning districts of the community, without adversely affecting the primary purposes of the those districts. NOW THEREFORE, be it ordained by the President and Board of t11e Village of North Aurora, Kane County, Illinois, as follows: SECTION 1 : Title 17, Chapter 17.08, Section 17.08.020 is hereby amended by the addition of the following definitions: "Bank" (See Financial Service Establishment) "Financial Service Establishment" means an establishment that provides personal, commercial and retail money holding, investment and/or lending services, with or without walk-up only automatic teller machines. This classification includes establishments such as banks, savings and loans, mortgage lending offices, credit unions, currency exchanges, check cashing facilities and securities and brokerage offices. SECTION 2: The North Aurora Code Title 17, Chapter 17.32, Section 17.32.020, Subsection B (conditions on uses in an O-R district) is hereby amended by adding a Sub-subsection 4 as follows: 4. Financial Service Establishments, whether allowed as a permitted use or a special use, shall not be located within two hundred fifty feet (250') of the right-of-way along the following roadways: • Butterfield Road (Route 56) o Oak Street Orchard Road • Randall Road Aug 16 07 03 : 51p p . 4 + Tanner Road SECTION 3: The North Aurora Code Title 17, Chapter 17.32, Section 17.32.020, Subsection C (Permitted Uses in an O-R district) is hereby amended as follows (the remainder of Subsection C to remain unchanged): 8. Financial Service Establishments, but not including drive-through banks. SECTION 4: The North Aurora Code Title 17, Chapter 17.32, Section 17.32.020, Subsection D (Special Uses in an 0-R district), is hereby amended only as follows (the remainder of Subsection D to remain unchanged): 5. Drive-through banks. SECTION 5: The North Aurora Code Title 17, Chapter 17.32, Section 17.32.030, Subsection B, Sub- subsection 2 (permitted uses in an ORI district) is hereby amended only as follows (the remainder of Sub- subsection 2 to remain unchanged): n. To be permitted both as a freestanding facility and as incidental to and including in office/commercial buildings: i. Financial Service Establishments, including drive-through banks when accessory to a principle use SECTION 6: The North Aurora Code Title 17, Chapter 17.32, Section 17.32.030, Subsection B, Sub- subsection 3 (special uses in an ORI district) is hereby amended only as follows (the remainder of Sub- subsection 3 to remain unchanged): g. Financial Service Establishments, including drive-through banks as principle uses SECTION 7: The North Aurora Code Title 17, Chapter 17.32, Section 17.32.030, Subsection B (specific requirements for an ORI district) is further amended by adding Sub-subsection 7 as follows: 7. Financial Service Establishments. Financial Service Establishments, whether allowed as a permitted use or a special use, shall not be located within two hundred fifty feet (250') of the right-of-way along the following roadways: • Butterfield Road (Route 56) • Oak Street • Orchard Road • Randall Road • Tanner Road SECTION 8: The North Aurora Code Title 17, Chapter 17.36, Section 17.36.030, Subsection C (permitted uses in a B-2 district) is hereby amended only as follows (the remainder of Subsection C to remain unchanged): 9. Financial Service Establishments. Aug 16 07 03 : 52p p . 5 SECTION 9: The North Aurora Code Title 17, Chapter 17.36, Section 17.36.030, Subsection D (special uses in a B-2 district) is hereby amended only as follows (the remainder of Subsection D to remain unchanged): 17. Drive-through Financial Service Establishments. SECTION 10: The North Aurora Code Title 17, Chapter 17.36, Section 17.36.030 (B-2 districts) is hereby amended by adding Subsection H as follows: H. Additional Restrictions. Financial Service Establishments, whether allowed as a permitted use or a special use, shall not be located within two hundred fifty feet (250') of the right-of-way along the following roadways: • Butterfield Road (Route 56) • Oak Street • Orchard Road • Randall Road • Tanner Road SECTION 11 : The North Aurora Code Title 17, Chapter 17.40, Section 17.40.020, Subsection C (permitted uses in an I-1 district) is amended only as follows (the remainder if Subsection C to remain unchanged): 2. Financial Service Establishments. SECTION 12: The North Aurora Code Title 17, Chapter 17.40, Section 17.40.020 (1-2 districts) is hereby amended by adding Sub-subsection F. as follows: F. Additional Restrictions. Financial Service Establishments, whether allowed as a permitted use or a special use, shall not be located within two hundred fifty feet (250') of the right-of-way along the following roadways: • Butterfield Road (Route 56) • Oak Street • Orchard Road • Randall Road • Tanner Road SECTION 13 : This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as required by law. Pre sen to t e Board of Trustees of the Village of North Aurora, Kane County, Illinois this day of 2006, A.D. ed b the Board of Trustees of the Village of North Aurora, Kane County, Illinois this day of 20065 A.D. Dale Berman ANN( Mark Gaffmo Aug 16 07 03 : 52p p . 6 Michael Herlihy III � Max Herwig Linda Mitchell Paul Shoemaker Approved and signed by me as P s den of the Board of Trustees of the Village of North Aurora, Kane County, Illinois this day of 2006, A.D. ATTEST: Pr John Hansen, Village esident A mawylClienb wrupillVillvgeofNOlth AumnrZONING1Zadgttxt ChOngesBevkalOrd Amend.ZOn.Ob. he FimMieimis. 6-B-0G.da `QED C/T� Reviewed By: Agenda Item Number P J o ,� T Legal ❑ 'i #� Finance F-1 ES pass T, _ Engineer ❑ t City Administrator ❑ Tracking Number y O It 9� x `-0 Consultant F1 PC 2007-24 Human Resources E ❑ City Council Agenda Item Summary Memo Title: Kalant Development Rezoning (R-2 to B-2) and Development Agreement Meeting and Date: EDC /August 21, 2007 Synopsis: Request for rezoning one parcel on the northwest corner of Route 47 and Center Street from R-2 to B-2. Development Agreement including provisions for signage and water connection/well abandonment. 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 staff report, draft development agreement, letter from IDOT regarding access to Route 47 and proposed site plan �.�ED car® United City of Yorkville Memo Z) i '" 800 Game Farm Road EST 1 I 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 ®� 1 0 p Fax: 630-553-3436 <LE y�o2 Date: July 10, 2007 To: Economic Development Committee From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-24 Kalant Development Re-Zoning Request Background: The Plan Commission is scheduled to review this request and make a recommendation July 11 , 2007. 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: e 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-2 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-2 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 will encroach the B-2 required setback from Route 47 by 14.83 feet. (30 feet is required per Ordinance 10-7C-4131 and 15. 17 feet exists). Upon approval of a zoning change, the building will be considered a legal non-conforming structure. The building may be used, however, should anything happen to the building, a new building could not be built within the footprint of the existing building without first obtaining a variance. 2 ft 1 a0 ]Or 6111 0 609 ]02 0 0 bs FF Q f P. S W5 e as R � o e m e 301 t1 402 c N 30 JIM 1 30 30] 0 30 30 b 302 3 30 f 0 R R h zo R 20 n 2d R 4 ' United Cy Of Yorkville GIS The Data is provided without warranty or any representation of City B accuracy,timeliness,or completeness.It is the responsibility of the 1 Parcel Data and Aerial Photography "Requester"to determine accuracy.emeMeas.completeness.and w^>; "-• Provided By Kendall County G(S appropriateness of Its use.Thu United City of Yorkville makes no warrantless,expressed or Implied,to the.90 of the Dal.. DEVELOPMENT AGREEMENT `Kalant' This Development Agreement, hereinafter referred to as "Agreement", is made and entered into this day of , 200_, by and between, Don Kalant and Hitesh Patel, hereinafter referred to as "OWNER", and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY". The OWNER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER is the Owner of certain real property, hereinafter referred to as the "Property", located in the CITY and legally described as set forth in Exhibit "A" attached hereto and incorporated by references as if more fully set forth; and WHEREAS, the Property is located at 101 W. Center Street in Yorkville and consists of approximately .3 acres; and WHEREAS, the OWNER seeks a zoning amendment to allow for uses permitted within the B-2 zoning classifications to exist on the property; and WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNER, its vendors, grantees, assigns, successors, trustees, and all others holding interest now or in the future, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any developer and its representatives, and future owners of the land; NOW, THEREFORE, the CITY and OWNER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNER hereby agrees to comply with all CITY ordinances, and this Agreement shall alter said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein, the Agreement shall control. ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be generally pursuant to the Site Plan attached hereto and incorporated herein as Exhibit `B". The well located on the property shall be abandoned in accordance with the rules and regulations of the Kendall County Health Department. The petition shall be allowed to tap on to the City water service located on Center Street. ARTICLE III SIGNAGE PROVISIONS The OWNER agrees to the following signage regulation: No signage on the property may be internally illuminated; No pole signs are permitted on the Property Two (2) wall signs or in the alternative One (1) wall and/or one (1) ground sign may be permitted on the Property; Maximum sign area of any sign on the Property shall be no more than thirty-two (32) square feet for each sign and be pursuant to the Concept Sketch attached hereto and incorporated herein as Exhibit "C" ARTICLE IV EFFECTIVE DATE The Recitals set forth above are deemed to be material covenants and entitlements under this Agreement. The Covenants and Variances granted as to the setback requirements pursuant to this agreement shall be treated as covenants running with the land and the Successors, Heirs, and Assigns. The effective date of this Agreement shall be the date this Agreement is approved and executed by the OWNER and CITY. CITY: OWNER: UNITED CITY OF YORKVILLE, Don Kalant and Hitesh Patel an Illinois municipal corporation By: By: Title: Mayor Attest: Attest: Title: City Dated: Dated: � �• y atG �b lz � 3 Do e smg sssNo as g 51 I g$g99 p¢ @e 8 q E e y$ g 133N1S zIOGW9 Qg $ i Utr 31110?) SIONMO $ $ Bz 3 yy • N 3u O0. Ix JAIw pp55 L fill ° Ali @i MI �noaow� f � ¢ N ci § z � � U $$ ®33pp 33 a m F ® € wNpe 16^$f s9 g spa no-d no aa s gg 5 ® c o .5 € 3 1 11 oil go OMEN m • _ g9tl 1� 8 i•Id�i �� a a3 g 1332i1S 3=JOILIB 6 0 ��I H$ p g 3 0 e€ Ut, aino J SIONIIIU rn ° ap .a A 9 U cc e� 9� rc t 6 \I i Wy I 9 7 9 Z & � o d k� -a -- 01 �,,. 4A Epg3E g 3€ g4:49 A. m IA9rY9ii $6e 11JI116 3a ��€ ' 9� 3 9969 g 8 s 5e! Q I T Cm� A E§ a ee gg 94 t6 g. I li alp1p e � Q gg vq emg ac e 9 t � g €ig�� 9� � gig � g �g� �@€9a ggg€ g9�� 9� €�g� �, ai �� s € €� a €• �$$� g� Y� �� $, '4 � €i�xa g'¢ 3W Bp F i3� mZ _ $a ' "s m 6A 11 € € 9 1� y ff a p =A a 3 ag ° ' y� g§ s�xm1 '€alp i ° @ a a €m€ i .19 ayn A` C n B §§ § gg9 6 @ 6 A 9 i € €@ 2 e k° 9 4 as n e 8 5p pg9° 6gg° R ' e�n{{g66 R °! X A9 6 8Ya e m Y9 , Sgx °€ _@ € f - 4� $ A ° � $ a g € =II Ia In g�� H44 3m €gpgp :111 p g9Yeg: geg�3¢ gayYg MOM � W g �� HIM I 9 -I•liii Illinois Department of Transportation Division of Highways / Region 2 / District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 8151434-6131 May 3, 2007 a & Associates Attn _Richard Scheffrahn 93 a tttari�oa Joliet, IL 60436 Route: Illinois 47 Location: North of Center Street County: Kendall Permit Log: L-10877 Dear Mr. Scheffrahn: A review of your plan to remove/replace an entrance at the above mentioned location has been completed and we offer the following. 1 . Minimum 8" of bituminous required for entrance pavement. 2. Minimum entrance width is 24'. 3. Please be informed that the right of way line for the future widening of Illinois 47 will be within 2' of the current home/office building. If you have any questions, please contact Rich Ballerini, Permit Section Chief, at 815-434-8490 and reference permit log L-10877. The office circulation process reviews IDOT construction projects as a first priority. This process can take six to eight weeks. Sincerely, George F. Ryan, P.E. Deputy Director of Highways, - •'l egion Two Engineer By: Dan L. Mestelle, P.E. Program Development Engineer ' `, `��D CtTy Reviewed By: Agenda Item Number 2 O Legal ❑ Finance F1 E6r. ,: 1836 Engineer ❑ _- Tracking Number �� y ❑ City Administrator xY O Consultant ❑ Human Resources ❑ PC 2007-15 City Council Agenda Item Summary Memo Title: Grande Reserve Unit 28—Preliminary Plan City Council/ COW Agenda Date: Synopsis: 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: .<�'° t T o United City of Yorkville Memo a� 800 Game Farm Road EST. 1 I __ 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 o ��' w Fax: 630-553-3436 Cm C KvAi �fL`< E Date: July 10, 2007 To: Economic Development Committee From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-15 Grande Reserve Unit 28 Preliminary Plan Background The Preliminary Plan for Neighborhood 4 is inconsistent with the approved Concept PUD in the following ways: Originally approved for 300 apartment units — proposed for 300 condominium units (for sale or rental); Originally approved with surface parking lot system — proposed to include garages for each unit with driveways accessed by private street system; Originally approved with a central private common greenspace — proposed to space buildings farther apart and eliminating the central common area. Attached are the following exhibits from the approved PUD Agreement: - Transitional Attached Housing Concept Plan - Apartment Neighborhood 4 example photograph Staff Comments: Staff recommends approval of the Preliminary Plan subject to the items being addressed in the following attached reports: - Bill Dunn, EEI — June 8, 2007 report - Laura Haake — June 18, 2007 report o Note: Items 5 and 6 of the report are addressed by the annexation agreement and the submittal is consistent with these terms - Anna Kurtzman — July 10, 2007 report 1 C 1 o United City of Yorkville Memo 2 9 ^ 800 Game Farm Road EST. �. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 o Fax: 630-553-3436 L®<cE wx, Date: June 18, 2007 To: Charley Wunder From: Laura Haake CC: Bart Olson, Travis Miller Subject: Grande Reserve Neighborhood 4 (Unit 28) Landscape Plan Review I have reviewed the preliminary landscape plan prepared by Rolf C. Campbell & Associates, and have prepared the following comments: General Comments: 1) Show proposed grading on the site plan in one foot (1 ') intervals. 2) All light poles, fire hydrants, street signs, and any other freestanding structures shall be shown on the plan. All trees shall have a minimum spacing of twenty feet (20') from all such structures. 3) If a refuse area is located near the Clubhouse, indicate it as such on the landscape plan. Provide appropriate landscaping. 4) Individual species must be labeled in their location on the plan. The legend and key do not show the exact location of the tree. 5) Adjust the Mill Road Buffer Landscape quantities to accurately reflect the amount of shade trees provided. Approximately 59 shade trees are provided in the buffer yard: 37 as part of the buffer yard, and an additional 24 as parkway trees. The landscaping for Mill Road shall be included as part of the parkway. 6) A 30' buffer yard must be provided around any storm water storage basin that is adjacent to the front or side lots of residences. See ordinance Section #2.5. This applies to the townhomes that are adjacent to the Unit 13, Phase 5, detention basin. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466.9350 FAX: 630 / 466-9380 www.eeiweb.com Engin®ering Enterprises, June 8, 2007 Inc. Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Preliminary Engineering Plan, Grande Reserve Unit 28 (Neighborhood 4) United City of Yorkville, Kendall County, Illinois, Dear Mr. Wywrot: We have reviewed the following materials submitted by Pasquinelli Homes, L.L.C. related to the above-reference development: • Preliminary Engineering Plan for Olde Towne Neighborhood No. 4 prepared by P & D Consultants consisting of one (1 ) sheet with revision date of May 24, 2007. • Preliminary Plan for Olde Towne Grande Reserve — Neighborhood 4 prepared by JEN Land Design, Inc. consisting of one (1 ) sheet with revision date of May 22, 2007 • Preliminary Landscape Plans for Neighborhood 4 "Olde Towne" Grande Reserve prepared by Rolf C. Campbell & Associates, Inc. consisting of two (2) sheets with revision date of May 25, 2007. • Correspondence from Pasquinelli Homes, LLC dated May 25, 2007. Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. Our recommendations and comments are as follows: GENERAL COMMENTS 1 . Permits or Sign-offs will be required from the following agencies: Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joseph A. Wywrot June 8, 2007 Page 2 of 2 a. Yorkville-Bristol Sanitary District regarding Sanitary Sewer Facilities. b. (IEPA) Division of Water Pollution Control regarding Sanitary Sewer Facilities. c. (IEPA) Division of Public Water Supplies regarding water supply and distribution. d. (IEPA) Division of Water Pollution Control regarding a Notice of Intent (NO[) General permit to discharge storm water. 2. It is noted that the impervious areas tributary to Basin No. 8N and No. 10S are in excess of the areas presented in the Cowhey Stormwater Management Report. An amended report should be provided to illustrate that the new proposed conditions can be properly handled by the original basin designs. (Repeat Comment) 3. All public utilities will need to be placed in public drainage and utility easements (P.U. & D.E.). (Repeat Comment) 4. We recommend that a preliminary plat of subdivision be provided for review. (Repeat comment) 5. All other previous review comments have been addressed. CONCLUSIONS We recommend that the preliminary plans be approved with review comments noted. Each of the items above can be addressed with final engineering. If you have any comments or questions regarding the above, please feel free to contact the undersigned. Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager pc: Bart Olson, Assistant City Administrator Travis Miller Economic Development Director Charles Wunder, Urban Planner Rick Murphy, Pasquinelli Homes, L.L.C. Jim Wallin, Pasquinelli Homes, L.L.C. JWF, TJ.G - EEI G:\Pub11c\Yorkv1f1e\2005\Y00527 Pasqulnefll Homes-Grande Reserve\docsllwywrotGRUNIT28-02PreliminaryEng.doc 0 Cl United City of Yorkville o J , �--' .1` County Seat of Kendall County EST. 1 � 1836 800 Game Farm Road Yorkville, Illinois, 60560 .4 Telephone : 630-553-4350 o �® Fax: 630-553-7264 CE Website : www.vorkville. il . us July 10, 2007 TO: Charles Wunder, AICP FROM: Anna B. Kurtzman, AICP SUBJECT: PC 2007-27 Grande Reserve Unit 28 — Preliminary Plan Department of Building Safety staff has reviewed the Preliminary Plan (dated 5/22/07) for Grande Reserve Unit 28 and offers the following comments: 1 . Staff is unable to determine compliance with building setbacks as dimensions between all buildings were not provided. However, as the applicant is seeking preliminary plan approval, staff feels comfortable that compliance can be achieved and demonstrated at the time of final plan approval. 2. The applicant is providing the minimum number of guest parking spaces as required by the City's Zoning Code. 3. Based upon the information presented to staff adequate parking is being for the recreational center. Staff observed that there is a note on the preliminary plat indicating that the cabana and pool are being shown for illustrative purposes. As such, another review will be required at the time final plan submittal to ensure compliance. /abk filename: \\Coyserver\User Folders\AKurtzman\My Documents\Grande Reserve\Unit 28\Preliminary Plan 7-10-07.doc -,X�uif�RtiVk- F-I V2 I UE ,Sk CL IL i � f�1 F11 � F a � Z O i1�Y ,Vp J� Z � P y `9 �13� `QED C/r` Reviewed By: Agenda Item Number J� 9 , �� Legal ❑ s. EB � leas Finance ❑ T. 1 - - Engineer ❑ .4 y City Administrator F1 Tracking Number O h :: O Consultant ❑ EDC 2007-30 ❑ Agenda Item Summary Memo Title: Tuscan Plaza—Redevelopment Agreement Amendment—Developer Note Provision Meeting and Date: EDC/August 21,2007 Synopsis: Gary Cervelli/Tuscan Plaza has requested to amend the current Tuscan Plaza Re- Development Agreement to include a provision allowing a Developer Note be utilized. Allowance of a Developer Note has been requested by Cervelli's lender (Amcore Bank) to provide credit enhancing evidence of the City's obligation to reimburse the Developer as described in the current Redevelopment Agreement. Council Action Previously Taken: Date of Action: May 8, 2007 Action Taken: Redevelopment Agreement Approved Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached `First Amendment to the Redevelopment Agreement' (item 1), draft ordinance approving the 0 amendment(item 2) and the `Redevelopment Agreement' (item 3) approved May 8, 2007 (executed May 11,2007) for your reference. Item 1 FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA THIS FIRST AMENDMENT to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area dated this _ day of August, 2007, by and between the United City of Yorkville, Kendall County, Illinois, an Illinois municipal corporation (the "City") and Tuscan Plaza, Inc., an Illinois corporation (the "Developer") amending that certain Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area dated May 11 , 2007, by and between the Village and the Developer (the "Original Agreement"). PREAMBLES WHEREAS, in 2006, the United City of Yorkville, by its Mayor and City Council ("Corporate Authorities"), adopted the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11 -74.4-1 et seq.) (the "TIFAct") for the Yorkville Downtown Redevelopment Project Area, a redevelopment project area as defined by the TIF Act; and, WHEREAS, pursuant to the TIF Act the Corporate Authorities are empowered to induce the development and redevelopment of properties within a designated redevelopment project area through the reimbursement of eligible redevelopment project costs as defined by the TIF Act; and, WHEREAS, pursuant to its powers under the TIF Act, the Corporate Authorities approved the Original Agreement which provided for reimbursement of eligible redevelopment Project Costs in an amount not to exceed $ 1,833,000 in connection with a project to be undertaken by the Developer at 201 , 203 and 205 Bridge Street (the "Subject Property") which included the following components (hereinafter the "Project"). (a) demolition of the existing structure which is obsolete for current retail purposes; (b) construction of a three story brick building with retail on the first floor street level and ten residential condominiums on each of the second and third floors; Item 1 (c) construction of twenty-nine (29) underground parking spaces accessed by an elevator conveyance system for automobiles and equipped with ventilation, heat, drainage and a fire suppression system; and, (d) construction of a roof top garden. WHEREAS, the commitment on the part of the Corporate Authorities to reimburse the Developer for eligible redevelopment project costs was based upon the Developers representation that "but for" such assistance the Project could not be undertaken; and, WHEREAS, the Developer has now requested that the City issue "Developer's Notes" evidencing the City's obligation to reimburse the Developer as aforesaid, it being understood that said Developer's Notes would be issued upon demonstration that the Developer has expended the eligible redevelopment cost and that the Developer's Notes would be payable solely and only from 75% of the Incremental Taxes (as defined in the Original Agreement) derived from the Subject Property and the Project; and, WHEREAS, the Developer has advised the City that the Developer's Notes shall be assigned to a lender as additional collateral for any loan undertaken by the Developer, thereby enabling the Developer to obtain sufficient financing for all costs to be incurred in connection with the construction and completion of the Project. NOW, THEREFORE, for and in consideration of the foregoing Preambles and the mutual covenants hereinafter set forth and the mutual covenants set forth in the Original Agreement, the parties agree as follows: Section 1. Incorporation. . The recitations set forth in the Preambles hereto are material to this Agreement and are hereby incorporated into and made a part hereof as if fully set forth in this Section 1 and said recitations constitute the understandings of the City and the Developer. Revised August 16, 2007 2 Item 1 Section 2. Amendment of Section 2. The Original Agreement is hereby amended by deleting paragraphs B, C and D of Section 2 thereof and replacing it with the following: `B. On or before September 30, 2007, the Developer shall deliver to the City a commitment for financing an amount sufficient to undertake and complete development of the Project. C. On or before November 30, 2007, the Developer shall have obtained all required permits and approvals and have commenced construction of the Project in accordance with the approved permits. D. On or before December 31 , 2008, the Developer shall have completed construction of the Project and have obtained a certificate of occupancy for the street level first floor of the structure." Section 3. Amendment of Section 4. The Original Agreement is hereby amended by deleting paragraph C. of Section 4 thereof and replacing it with the following: "C. Reimbursement of Redevelopment Project Costs shall be made annually on each STAF Allocation Date (or, if later, the date which is ten (10) days following approval by the City of payment of such Redevelopment Project Costs) provided that reimbursement of Redevelopment Project Costs shall only be made to the extent money is available therefore in the Developer Sub-Account. To the extent money in the Developer Sub-Account is insufficient to reimburse the Developer for Redevelopment Project Costs, the City shall evidence its obligation to reimburse the Developer for Redevelopment Project Costs (other than Interest Costs) by the execution and delivery of one or more notes, which Notes shall be deemed obligations issued by the City pursuant to the TIF Act. The Note shall be in the form attached hereto as Exhibit A. THE NOTES SHALL NOT CONSTITUTE GENERAL OBLIGATIONS OF THE CITY, NOR Revised August 16, 2007 3 Item 1 SHALL THEY BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY. ALL NOTES SHALL BE PAYABLE SOLELY FROM TAX INCREMENT DEPOSITED FROM TIME TO TIME IN THE DEVELOPER SUB-ACCOUNT. All notes shall be secured by a lien on and a pledge of those monies deposited from time to time in the STAF to be paid to the Developer or their assignees. The principal balance of each Note shall bear interest at a per annum rate equal to the prime rate on the issue date of such Note or at a per annum rate equal to the interest rate then being paid by the Developer to finance the costs of the Project. "Prime rate" is defined as the per annum rate of interest published as the "prime rate" by the Wall Street Journal on the issue date of the Note. All notes shall mature on or before the Termination Date, as hereafter defined. Monies available to pay principal and interest obligations on outstanding Notes shall be applied first to the earliest dated of the outstanding Notes and thereafter to all subsequently dated outstanding Notes with the most recently dated Notes being paid last. Notwithstanding the foregoing, if money is not available in the Developer Sub-Account to reimburse the Developer for Redevelopment Project Costs and the reason therefor is that the Developer or its successors in interest has not paid real estate taxes on the Subject Property, when due and owing, the City shall not be required to issue a Note on amounts representing such unpaid real estate taxes." D. Monies distributed from the Developer Sub-Account to reimburse the Developer for Redevelopment Project Costs (including Interest Costs and Notes) as provided above shall be applied in the following priority: (i) First, to Interest Costs eligible for reimbursement pursuant to this Agreement, subject to the limitations contained in the TIF Act; provided if in any year during the term of this Agreement the Developer is not fully reimbursed for all eligible Interest Costs, the Developer shall be reimbursed first in subsequent years for umeimbursed Interest Costs that Revised August 16, 2007 4 Item 1 have accrued from prior years and shall be reimbursed second for eligible Interest Costs for the then current year. There shall not accrue any interest on Interest Costs. (ii) Second, to pay interest accruing due on outstanding Notes in the order of the date of issue, as provided in this Agreement. (iii) Third, to pay principal due on outstanding Notes, in the order of the date of issue, as provided in this Agreement. Section 4. Restatement. All other terms and conditions set forth in the Original Agreement are hereby restated as if fully represented herein. Section 5. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Revised August 16, 2007 5 Item 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at the United City of Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk Tuscan Plaza, an Illinois corporation By: President Attest: Secretary Revised August 16, 2007 6 Item 1 Exhibit A NOTE UNITED CITY OF YORKVILLE, KENDALL COUNTY SPECIAL TAX INCREMENT REVENUE NOTE (Note No. ) Downtown Yorkville Tax Increment Redevelopment Project Area $ , 200_ WHEREAS, pursuant to its powers and in accordance with the requirements of the TIF Act, the Corporate Authorities, designated a Redevelopment Project Area and approved a Redevelopment Plan for the redevelopment of the Redevelopment Project Area; and, WHEREAS, pursuant to its powers and in accordance with the requirements of the TIF Act, the Corporate Authorities approved tax increment allocation financing for the purpose of implementing the Redevelopment Plan for the Redevelopment Project Area; and, WHEREAS, on May 11 , 2007, the City and Tuscan Plaza, Inc. ("Developer"), entered into a certain redevelopment agreement (the "Redevelopment Agreement") which was thereafter amended on , 2007, the "First Amendment"); and, WHEREAS, pursuant to the Redevelopment Agreement and the First Amendment, the City has agreed to reimburse the Developer for Redevelopment Project Costs incurred by the Developer in connection with or as a result of the redevelopment of certain portions of the Redevelopment Project Area. NOW, THEREFORE, the City, by and through the Corporate Authorities, covenants and agrees as follows: 1 . Incorporation of recitals and definitions of terms. The foregoing recitals are incorporated into this Note as if they were fully set forth in this Section 1 . All capitalized terms, unless otherwise specifically defined herein, shall have the meanings given them in the Redevelopment Agreement and First Amendment. Revised August 16, 2007 7 Item 1 2. Promise to pay. Subject to the limitations contained in the Redevelopment Agreement and the First Amendment, the City promises to pay to the order of the Developer, or their legal assignees in accordance with the terms of this Note, the principal sum of $ , together with interest on the balance of such principal sum outstanding from time to time at the rate of percent (_%) (the interest rate shall be as described in Section 4(c) of the First Amendment.) 3 . Pledge of and lien on, Incremental Taxes deposited in the STAF. THIS NOTE SHALL BE PAYABLE FROM AND SECURED BY A PLEDGE OF, AND LIEN ON, INCREMENTAL TAXES DEPOSITED FROM TIME TO TIME IN THE DEVELOPER SUB-ACCOUNT. SUCH PAYMENT, PLEDGE AND LIEN SHALL BE SUBJECT AND SUBORDINATE ONLY TO THE PRIOR PAYMENTS, PLEDGES AND LIENS PROVIDED FOR IN THE REDEVELOPMENT AGREEMENT AND THE FIRST AMENDMENT. 4. Payments. Payments on account of the indebtedness evidenced by this Note shall be made as set forth below, subject to the limitations contained in the Redevelopment Agreement and the First Amendment, including, without limitation, the requirement that Incremental Taxes be available for such purpose. All principal and interest amounts then outstanding shall be due and payable, subject to the remaining provisions of this Section 4, on or before the earlier of the Termination Date as defined in the Redevelopment Agreement or the twentieth (20`h) anniversary date of this Note (the "Maturity Date"). Payments on the principal balance and interest obligations of this Note shall be due in each year during which payments are or remain due to the Developer on the STAF Allocation Date to the extent monies are in the Developer Sub-Account and is available for such purpose. Payments on this Note shall continue, subject to the terms hereof, until all principal and interest obligations due hereunder have been satisfied in full. Notwithstanding anything to the contrary contained herein, this Note shall be canceled automatically on the fast to occur of the date when all obligations are met under the Redevelopment Agreement and the First Amendment; the Termination Date; or, the twentieth anniversary of the date of issuance. Payments on this Note made from monies deposited in the Developer Sub- Account shall be applied first to reduce all interest due on this Note and then to the outstanding principal balance. Payments made under this Note shall be in the amount of all monies in the Developer Sub-Account to the extent that said monies are available, as provided for in the Redevelopment Agreement and the First Amendment, to reimburse the Developer for the sums due hereunder. To the extent the City executes and delivers other Notes pursuant to the terms of the Redevelopment Agreement and the First Amendment, payments of interest obligations coming due on such other Notes shall be made prior to the payments of interest obligations coming due on this Note and payments of principal coming due on such other Notes shall be made prior to the payment of principal coming due on this Note, if such other Notes are dated as of a date which is earlier than the date of this Note, and such obligations shall continue to be of force and effect, with respect to each of such Revised August 16, 2007 8 Item 1 earlier dated Notes, until all principal and interest obligations coming due on such Notes have been satisfied in full by the City. 5. Place of payment. Payments made under this Note by the City shall be made by check payable to the order of the Developer and mailed to the Developer at such address as the Developer may designate in writing from time to time. 6. Limited obligation of the City. THIS NOTE IS NOT SECURED BY THE FULL FAITH AND CREDIT OF THE CITY AND IS NOT PAYABLE OUT OF THE CITY' S GENERAL REVENUE FUND. THIS NOTE CONSTITUTES A LIMITED OBLIGATION OF THE CITY, AND ALL PAYMENTS DUE UNDER THIS NOTE SHALL BE PAYABLE SOLELY FROM INCREMENTAL TAXES THAT ARE AVAILABLE FOR SUCH PURPOSE UNDER THE PROVISIONS OF THE REDEVELOPMENT AGREEMENT. FAILURE OF THE CITY TO REIMBURSE DEVELOPER FOR REDEVELOPMENT PROJECT COSTS DUE TO INSUFFICIENT FUNDS GENERATED WITHIN THE DEVELOPER SUB-ACCOUNT SHALL NOT BE DEEMED A DEFAULT OF THIS NOTE ON THE PART OF THE CITY. 7. Default. If Incremental Taxes are available to make any payment required by this Note, and if the City thereafter fails to make such payment, the City shall be deemed to be in default under this Note. After any default, the Developer may bring an action in any court of competent jurisdiction to enforce payment of this Note, provided that the Developer shall have first given the City notice of its intent to bring such action and thirty (30) days to cure any such default. Failure of the Developer to exercise its right to bring an action to remedy a default hereunder shall not constitute a waiver of its right to bring an action to remedy any subsequent default. 8. Miscellaneous. (a) If any provision of this Note is found by a court of competent jurisdiction to be in violation of any applicable law, and if such court should declare such provision to be unlawful, void or unenforceable as written, then it is the intent of the City and the Developer that such provision shall be given full force and effect to the fullest possible extent that is legal, valid and enforceable, that the remainder of this Note shall be construed as if such unlawful, void or unenforceable provision was not contained herein, and that the rights, obligations and interests of the City and the Developer shall continue in full force and effect. (b) Upon endorsement, assignment or other transfer of this Note by the Developer or by operation of law, the term "Developer" as used herein shall mean such endorsee, assignee, or other transferee or successor of the Developer then becoming holder of this Note. This Note shall inure to the benefit of the Developer, its successors and assigns and successor holders of this Note, and shall be binding upon the City and its successors and assigns. Notwithstanding the foregoing, this Note shall be fully assignable by the Developer to any lender who financed the development of the Project. With the exception of any such lenders and any assignee which is owned by the same Revised August 16, 2007 9 Item 1 persons or entities as the Developer, this Note may only be assigned by the Developer to others with the prior written consent of the City. (c) Any notice, request, demand, instruction or other document to be given or served hereunder shall be addressed, delivered and deemed effective as provided in the Redevelopment Agreement and the First Amendment. (d) The provisions of this Note shall not be deemed to amend the provisions of the Redevelopment Agreement or the First Amendment in any respect. To the extent of any conflict or inconsistency between the provisions of the Redevelopment Agreement; the First Amendment; and, the provisions of this Note, the Redevelopment Agreement shall in all instances supersede and control. This Note is executed as of the date first written above. United City of Yorkville, an Illinois municipal corporation By: Its Mayor Attest., City Clerk Revised August 16, 2007 10 Item 2 Ordinance No. ORDINANCE APPROVING THE FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN REDEVELOPMENT PROJECT AREA (TUSCAN PLAZA) WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the "Corporate Authorities") on June 13, 2006, a Redevelopment Project and Plan for Downtown Yorkville (hereinafter the "Redevelopment Plan") was approved, which project and plan covered some of the oldest properties of the City constituting a significant portion of the City's historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a "redevelopment project area" ("Yorkville Downtown Redevelopment Project Area") and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11 -74.4-1 et seq.) (hereinafter referred to as the "Act"); and, WHEREAS, the City received a proposal from Tuscan Plaza, Inc., for the redevelopment of property within the Yorkville Downtown Redevelopment Project Area located at 201 , 203 and 205 Bridge Street as a mixed use, three-story structure with retail on the first floor, 20 condominiums on the second and third floors and 29 underground parking spaces (the "Project"); and, WHEREAS, the Developer demonstrated to the City that this Project requires extraordinary expenses to accomplish the Project including demolition of the existing building and construction of underground parking with an elevator to transport the vehicles to such parking, and, but for financial assistance from the City, the Project is not economically viable; and, Item 2 WHEREAS, in order to induce the Developer to undertake the development of the Project, on May 8, 2007, pursuant to Ordinance No. 2007-40, the Corporate Authorities approved a Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area (the "Original Agreement") providing, among other things, for the reimbursement of certain eligible redevelopment Project costs under the Act to the Developer; and, WHEREAS, in order to obtain financing for the Project, the Developer has requested the City to issue "Developer's Notes" to evidence the amount of reimbursable Project costs due to the Developer pursuant to the Original Agreement from the incremental real estate taxes to be derived from the Project, which Developer Notes shall be assigned by the Developer to the lender as additional collateral to the lender. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the First Amendment to the Redevelopment Agreement for the Downtown Redevelopment Project Area as presented to this meeting and attached to this Ordinance, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said First Amendment and undertake all actions as may be required to implement its terms. ADOPTED this day of 2007. APPROVED: Mayor AYES: NAYS: ABSENT: Attest: City Clerk 200700015432 Item 3 Filed Per R?cord in KENDALL COUHTYr 1LL111DIS PAUL. ANDERM4 05-11- 21-107 At 11 :34 am , STATE OF ILLINOIS ) ORDNANCE 60a0 RHSP Surcherse 10, 00 )SS COUNTY OF KENDALL } THIS IS A COVER PAGE FOR RECORDING PURPOSESONLY Item 3 Ordinance No. ORDINANCE APPROVING A REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN REDEVELOPMENT PROJECT AREA (TUSCAN PLAZA) WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the "Corporate Authorities") on June 13, 2006, a Redevelopment Project and Plan for Downtown Yorkville (hereinafter the "Redevelopment Plan") was approved, which project and plan covered some of the oldest properties of the City which constitute a significant portion of the City's historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a "redevelopment project area" ("Yorlwille DOWntol4li Redevelopment Project Area") and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11 -74.4- 1 et seq.) (hereinafter referred to as the "Act"); and, WHEREAS, the City received a proposal from Tuscan Plaza, Inc., for the redevelopment of property within the Yorkville Downtown Redevelopment Project Area located at 201 , 203 and 205 Bridge Street as a mixed use, three-story structure with retail on the first floor, 20 condominiums on the second and third floors and 29 underground parking spaces (the "Project"); and, WHEREAS, the Developer has demonstrated to the City that this Project requires extraordinary expenses to accomplish the Project including demolition of the existing building and construction of underground parking with an elevator to transport the vehicles to such parking, and, but for financial assistance from the City, the Project is not economically viable; and, Item 3 WHEREAS, in order to induce the Developer to undertake the development of the Project, the Corporate Authorities have determined that it is in the best interest of the City and the health, safety, morals and welfare of the residents of the City for the City to provide financial assistance to the Developer as set forth in the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area attached hereto and made a part hereof, because the development by the Developer of the Project is in the best interests of the City and the health, safety and welfare of its residents and taxpayers; because the development by the Developer shall provide job opportunities for the residents of the City; enhance the tax base of the City and other taxing districts; and, add to the overall prosperity of the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Redevelopment Agreement for the Downtown Redevelopment Project Area as presented to this meeting and attached to this ordinance, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Agreement and undertake all actions as maybe required to implement its terms. ADOPTED this day of $ 2007. APPROVED: La LL& kz Mayor AYES: NAYS: ABSENT: Attest: Item 3 >nknpidclmvc1evdop oM Item 3 REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORI{VILLE REDEVELOPMENT PROJECT AREA THIS AGREEMENT dated as of the I l day of May, 2007, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "Cit) ") and Tuscan Plaza, Inc., an Illinois corporation (hereafter the "Developer"). WITNESSETH: WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the "Corporate Authorities") on June 13, 2006, a Redevelopment Project and Plan for Downtown Yorkville (hereinafter the "Redevelopment Plan") was approved, which project and plan covered some of the oldest properties of the City which constitute a significant portion of the City's historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a "redevelopment project area" ("Yorkville Downtown Redevelopment Project Area") and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5111 -74.4-1 et seg.) (hereinafter referred to as the "Act"); and, WHEREAS, pursuant to the TIF Act, the Corporate Authorities are empowered to undertake the development and redevelopment of a designated area within its municipal limits in which existing conditions permit such area to be classified as a `conservation area" as defined in Section 11 .74..4.4-3(a) of the Act as in the case of the Yorkville Downtown Redevelopment Project Area; and, WHEREAS, the Corporate Authorities have detennined that the blighting factors which are readily observed in the Yorkville Downtown Redevelopment Project Area are detrimental to Item 3 the public and impair redevelopment of this area of the City, with the result that it is necessary to incur extraordinary costs in order to see it redeveloped and revitalized. The blighting factors in the Yorkville Downtown Redevelopment Project Area will continue to impair growth and redevelopment but for the use of tax increment allocation financing to pay Redevelopment Project Costs (as defined in Section 3 of this Agreement) which necessarily must be incurred to implement a program of redevelopment; and, WHEREAS, pursuant to the Act and in furtherance of the Redevelopment Plan, the City desires to enter into a Redevelopment Agreement with the Developer who has acquired the building located at 201 , 203 and 205 Bridge Street (the "Subject Property") which Redevelopment Agreement shall provide for the redevelopment of the Subject Property to include the following: (hereinafter the "Project"): (a) demolition of the existing structure which is obsolete for current retail purposes; (b) construction of a three story brick building with retail on the first floor street level and ten residential condominiums on each of the second and third floors; (c) construction of twenty-nine (29) underground parking spaces accessed by an elevator conveyance system for automobiles and equipped with ventilation, heat, drainage and a fire suppression system; and, (d) construction of a roof top garden- WHEREAS, in order to induce the Developer to undertake the development of the Project, the Corporate Authorities have determined that it is in the best interest of the City and the health, safety, morals and welfare of the residents of the City for the City to provide financial assistance to the Developer as hereinafter set forth because the development by the Developer of the Project pursuant to this Agreement is in the best interests of the City and the health, safety and welfare of its residents and taxpayers; because the development by the Developer shall 2 Item 3 provide job opportunities for the residents of the City; because the development by the Developer shall enhance the tax base of the City and other taxing districts and shall add to the prosperity of the City; and, WHEREAS, the Developer warrants that without the financial assistance pursuant to the terms and conditions hereinafter set forth, the Developer would not proceed with the Project. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth, the parties agree as follows: Section I. Incorporation. The representations and recitations set forth in the preambles hereto are material to this Redevelopment Agreement and are hereby incorporated into and made a part of this Redevelopment Agreement as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section 1. Conditions Precedent to the Obligations of the City. A. The Developer represents and warrants that the Developer has acquired fee simple title to the Subject Property and within thirty (30) days of the execution of this Agreement, shall submit a budget for the Project stating the total cost of the Project, including landscaping, fencing and signage (the "Budget") demonstrating an investment by the Developer of an amount in excess of $6,500,000. B. Within thirty (30) days of execution of this Agreement, the Developer shall deliver to the City a commitment for financing in an amount sufficient to undertake and complete development of the Project. 3 Item 3 C. On or before August 31 , 2007, the Developer shall have obtained all required permits and approvals and have commenced construction of the Project in accordance with the approved permits. D. On or before August 31 , 2008, the Developer shall have completed construction of the Project and have obtained a certificate of occupancy for the street level first floor of the structure. Section .3. Undertakings on the Part of the City. Upon completion and satisfaction by the Developer of all of the actions hereinabove set forth, the City shall undertake the following: A. The City shall, subject to the limitations hereinafter set forth, reimburse the Developer for "Redevelopment Project Costs," as hereinafter defined and categorized on Exhibit A attached hereto, incurred by the Developer in connection with the development of the Project until the first to occur: termination of the benefits of the TIF Act as provided by law; or, (ii) receipt by the Developer of $ 1 ,833,000.00 in eligible Redevelopment Project Costs as hereinafter defined. B. For purposes of this Agreement, "Redevelopment Project Costs" shall mean and include all costs defined as "redevelopment project costs" in section 11-74.4-3(q) of the TIF Act which are eligible for reimbursement under the TIF Act. The City shall reimburse the Developer for Redevelopment Project Costs pursuant to this Agreement only from amounts on deposit from time to time in the Developer Subaccount of the STAF, as defined below. Monies deposited from time to time in the Special Tax Allocation Fund of the City (the "Special Tax Allocation Fund' or the "STAF ), established by the City pursuant to Ordinance No. 2006-48 will be used for the following purposes: 4 Item 3 (i) On October I of each year [or, if later, that date which is ten (10) days following the date upon which the City receives Incremental Taxes (as defined below) from the second installment of real estate taxes (the "STAF Allocation Date")], seventy- five percent (75%) of the monies credited to the STAF with respect to the Subject Property during the period from the immediately preceding STAF Allocation Date to, but not including, the current STAF Allocation Date shall be transferred and deposited in the Developer Subaccount of the STAF (which Subaccount shall be automatically created by the ordinance approving this Agreement) and used solely to reimburse the Developer for Redevelopment Project Costs in accordance with this Agreement. (ii) Amounts in the Developer Subaccount of the STAF shall be used solely to reimburse the Developer for Redevelopment Project Costs in accordance with this Agreement. THE CITY'S OBLIGATIONS TO REIMBURSE THE DEVELOPER UNDER THIS AGREEMENT IS A LIMITED OBLIGATION PAYABLE SOLELY FROM INCREMENTAL TAXES DEPOSITED IN THE DEVELOPER SUBACCOUNT OF THE STAF FROM TIME TO TIME AND SHALL NOT BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY. As used in this Agreement, `Incremental Taxes" shall mean the amount in the STAF equal to the amount of ad valorem taxes, if any, paid in respect of the Redevelopment Project Area and its improvements which is attributable to the increase in the equalized assessed value of the Subject Property and its improvements over the initial equalized assessed value of the Subject Property. Section 4. Procedures for and Application of Reiuibursenrent to the Developer. Item 3 A. The Developer has advanced all funds and all costs necessary to (i) acquire the Subject Property, construct all of the required infrastructure for the Project and construct the Project; and, (ii) undertake all other matters eligible for reimbursement pursuant to this Agreement in connection with the foregoing. B. To establish a right of reimbursement for a specific Redevelopment Project Cost under this Agreement, the Developer shall submit to the City a written statement in the form attached to this Agreement as Exhibit B (a "Request for Reimbursement") setting forth the amount of reimbursement requested and the specific Redevelopment Project Costs for which reimbursement is sought. Each Request for Reimbursement shall be accompanied by such bills, contracts, invoices, lien waivers or other evidence as the City shall reasonably require to evidence the right of the Developer to reimbursement under this Agreement. The City shall have thirty (30) days after receipt of any Request for Reimbursement from the Developer to recommend to the City Treasurer approval or disapproval of such Request and, if disapproved, to provide the Developer, in writing and in detail, an explanation as to why the City is not prepared to recommend such reimbursement. The only reasons for disapproval of any expenditure for which reimbursement is sought shall be that inadequate documentation has been provided to substantiate such expenditure; that it was not incurred and completed by the Developer in accordance with all applicable City Code requirements and the provisions of this Agreement, including without limitation, all approved permits; or, that $1 ,833,000.00 has been paid to the Developer. It is hereby agreed that the Developer may exceed the amount per category as listed on Exhibit A so long as the total amount to be reimbursed pursuant to this Agreement does not exceed $ 1 ,833,000. The parties acknowledge that the determination of Redevelopment Project 6 Item 3 Costs and qualification for reimbursement under this Agreement are subject to the TIP Act, all amendments to the TIF Act both before and after the date of this Agreement, and all administrative rules and judicial interpretations rendered during the term of this Agreement. The City has no obligation to the Developer to attempt to modify said rules or decisions but will cooperate with the Developer in obtaining approval of Redevelopment Project Costs. C. Reimbursement of Redevelopment Project Costs shall be made annually on each STAF Allocation Date (or, if later, the date which is ten ( 10) days following approval by the City of payment of such Redevelopment Project Costs); provided that reimbursement of Redevelopment Project Costs shall only be made to the extent money is available therefor in the Developer Subaccount of the STAF. To the extent money in the Developer Subaccount is insufficient to reimburse the Developer for Redevelopment Project Costs, such Request for Reimbursement shall be held for payment on the following STAF Allocation Date. Section S. Undertakings on the Part of Developer. A. The Developer covenants and agrees that the Project shall result in a private investment of no less than $6,500,000. B. The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be assessed with regard to its operation including all real estate taxes assessed against the Subject Property or any other location in the City owned or controlled by the Developer. Section 6. Terra. Unless earlier terminated pursuant to Section 19, the term of this Redevelopment Agreement shall commence on the date of execution and end December 31 , 2029 (the "Termination Date"). 7 Item 3 Section 7. Verification of Tax Increment. The Developer shall use its best efforts to cooperate with the City in obtaining certified copies of its real estate tax bills payable in 2007, and paid in each subsequent year during the term of this Redevelopment Agreement. Section 8. No Liability of City for Others for Developer 's Expenses. The City shall have no obligation to pay costs of the Project or to make any payments to any person other than the Developer, nor shall the City be obligated to pay any contractor, subcontractor, mechanic, or materialman providing services or materials to the Developer for the development of the Project. Section 9. Time; Force Majeure. Time is of the essence of this Redevelopment Agreement, provided, however, a party shall not be deemed in material breach of this Redevelopment Agreement with respect to any obligations of this Redevelopment Agreement on such party's part to be performed if such party fails to timely perform the same and such failure is due in whole or in part to any strike, lock-out, labor trouble (whether Iegal or illegal), civil disorder, weather conditions, failure or interruptions of power, restrictive governmental laws and regulations, condemnations, riots, insurrections, acts of terrorism, war, fuel shortages, accidents, casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions, freight embargoes, acts caused directly or indirectly by the other party (or the other party's agents, employees or invitees) or similar causes beyond the reasonable control of such party ("Force Majeure"). If one of the foregoing events shall occur or either party shall claim that such an event shall have occurred, the party to whom such claim is made shall investigate same and consult with the party making such claim regarding the same and the party to whom such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay, which period shall commence to run from the time of the commencement 8 Item 3 of the Force Majeure; rop vided that the failure of performance was reasonably caused by such Force Majeure. Section .ID. Asslgmnent. This Redevelopment Agreement may not be assigned by the Developer without the prior written consent of the City, which consent shall not be unreasonably withheld.. Section 11. Developer's Indemnification. The Developer shall indemnify and hold harmless the City, its agents, officers and employees against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses (including any liabilities, judgments, costs and expenses and reasonable attorney's fees) which may arise directly or indirectly from any third-party claims made against the City as a result of the failure of the Developer or any contractor, subcontractor or agent or employee thereof (so long as such contractor, subcontractor or agent or employee thereof is hired by the Developer) to timely pay any contractor, subcontractor, laborer or materialmen; from any default or breach of the terms of this Agreement by the Developer; or from any negligence or reckless or willful misconduct of the Developer or any contractor, subcontractor or agent or employee thereof (so long as such contractor, subcontractor or agent or employee is hired by the Developer). The Developer shall, at its own cost and expense, appear, defend and pay all charges of attorneys, costs and other expenses arising therefrom or incurred in connection therewith. If any judgment shall be rendered against the City, its agents, officers, officials or employees in any such action, the Developer shall, at its own expense, satisfy and discharge the same. The paragraph shall not apply, and the Developer shall have no obligation whatsoever, with respect to any acts of negligence or reckless or willful misconduct on the part of the City or any of its officers, agents, employees or contractors. 9 Item 3 Section 12. O'aiver. Any party to this Redevelopment Agreement may elect to waive any remedy it may enjoy hereunder, provided that no such waiver shall be deemed to exist unless the party waiving such right or remedy does so in writing. No such waiver shall obligate such party to waive any right or remedy hereunder, or shall be deemed to constitute a waiver of other rights and remedies provided said parry pursuant to this Redevelopment Agreement, Section 13. Severability. If any section, subsection, term or provision of this Redevelopment Agreement or the application thereof to any parry or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Redevelopment Agreement or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. Section 14. Notices. All notices, demands, requests, consents, approvals or other instruments required or permitted by this Redevelopment Agreement shall be in writing and shall be executed by the party or an officer, agent or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third (3`d) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: To the Developer. Tuscan Plaza, Inc. With a copy to: Melissa S. Barnhart Pilmer & Barnhart 215 Hillerest Avenue P. O. Box 367 Yorkville, Illinois 60560 To the City: United City of Yorkville 800 Game Farm Road 10 Item 3 Yorkville, IIlinois 60560 Attention: City Administrator With a cope to: Kathleen Field Orr Kathleen Field Orr & Associates 180 North Michigan Avenue, Suite 1040 Chicago, Illinois 60601 Section 15. Successors in Interest. This Redevelopment Agreement shall be binding upon and inure to the benefit of the parties to this Redevelopment Agreement and their respective successors and assigns. Section 16. No Joint Venture, Agency or Partnetshlp Created. Neither anything in this Redevelopment Agreement nor any acts of the parties to this Redevelopment Agreement shall be construed by the parties or any third person to create the relationship of a partnership, agency, or joint venture between or among such parties. Section l7. YVarranties and Covenants of the Developer. A. The Developer hereby covenants and agrees to maintain good standing as an IIlinois corporation throughout the term of this Redevelopment Agreement, B. The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be lawfully assessed against the Center with regard to its operation including all real estate taxes assessed against the Project or any other location in the City owned or controlled by the Developer. C. The Developer covenants and agrees that at all times it shall comply with all applicable zoning ordinances and regulations, building code, fire code and all other City ordinances, resolutions and regulations. 11 Item 3 D. The Developer hereby covenants and agrees to comply with all applicable laws, rules and regulations of the State of Illinois, the United States and all agencies of each of them having jurisdiction over it. Section 18. No Discrimination — Construction. The Developer for itself and its successors and assigns agrees that in the construction of the improvements at the Subject Property provided for in this Redevelopment Agreement the Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Developer shall take affirmative action to require that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising and solicitations or advertisements for employees; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.. The Developer agree to post in conspicuous places, available to employees and applicants for employment, notices, which may be provided by the City, setting forth the provisions of this nondiscrimination clause. Section 19. Remedies — Liability. A. If, in the City's judgment, the Developer is in material default of this Redevelopment Agreement, the City shall provide the Developer with a written statement indicating in adequate detail any failure on the Developer's part to fulfill its obligations under this Redevelopment Agreement. Except as required to protect against further damages, the City may not exercise any remedies against the Developer in connection with such failure until thirty 12 Item 3 (30) days after giving such notice. If such default cannot be cured within such thirty (30) day period, such thirty (30) day period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the Developer diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Redevelopment Agreement. A default not cured as provided above shall constitute a breach of this Redevelopment Agreement. Any failure or delay by the City in asserting any of its rights or remedies as to any default or alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. B. If the Developer materially fails to fulfill its obligations under this _ Redevelopment Agreement after notice is given by the City and any cure periods described in paragraph (a) above have expired, the City may elect to terminate this Redevelopment Agreement or exercise any right or remedy it may have at law or in equity, including the right to specifically enforce the terms and conditions of this Redevelopment Agreement. If any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the Developer insolvent or unable to pay the Developer's debts, or the Developer makes an assignment for the benefit of its creditors, or a trustee or receiver is appointed for the Developer or for the major part of the Developer's property, the City may elect, to the extent such election is permitted by law and is not unenforceable under applicable federal bankruptcy laws, but is nor required, with or without notice of such election and with or without entry or other action by the City, to forthwith terminate this Redevelopment Agreement under this Section, the City's sole obligation shall be to record, in the office of the Kendall County Recorder, a Certificate of 13 Item 3 Default, executed by the Mayor of the City or such other person as shall be designated by the City, stating that this Redevelopment Agreement is terminated pursuant to the provisions of this Section, in which event this Redevelopment Agreement by virtue of the recording of such certificate, shall ipso facto automatically become null and void and of no further force and effect.. C. If, in the Developer's judgment, the City is in material default of this Redevelopment Agreement, the Developer shall provide the City with a written statement indicating in adequate detail any failure on the City's part to fulfill its obligations under this Redevelopment Agreement. The Developer may not exercise any remedies against the City in connection with such failure until thirty (30) days after giving such notice. If by its nature such default cannot reasonably be cured within such thirty (30) day period, such thirty (30) day period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the City diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Redevelopment Agreement. A default not cured as provided above shall constitute a breach of this Redevelopment Agreement. Any failure or delay by the Developer in asserting any of their rights or remedies as to any default or any alleged default or breach shall not operate as a waiver of any such default or, breach of shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. D. In addition to any other rights or remedies, a party may institute legal action against the other party to cure, correct or remedy any default, or to obtain any other remedy consistent with the purpose of this Redevelopment Agreement, either at law or in equity, 14 Item 3 including, but not limited to the equitable remedy of an action for specific performance; provided, however, no recourse under or upon any obligation contained herein or for any claim based thereon shall be had against the City, its officers, agents, attorneys, representatives or employees in any amount or in excess of any specific sum agreed to be paid by the City hereunder, and no liability, right or claim at law or in equity shall be attached to or incurred by the City, its officers, agents, attorneys, representatives or employees in any amount in excess of any specific sums agreed by the City to be paid hereunder and any such claim is hereby expressly waived and released as a condition of and as consideration for the execution of this Redevelopment Agreement by the City. Notwithstanding the foregoing, in the event either party shall institute legal action against the other party because of a breach of any Redevelopment Agreement or obligation contained in this Redevelopment Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, incurred in connection with such action. E. The rights and remedies of the parties are cumulative and the exercise by a party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or for any other default by the other party. Section 20. Amendment. This Redevelopment Agreement, and any exhibits attached to this Redevelopment Agreement, may be amended only in a writing signed by all the parties with the adoption of any ordinance or resolution of the City approving said amendment, as provided by law, and by execution of said amendment by the parties or their successors in interest. Except 15 Item 3 as otherwise expressly provided herein, this Redevelopment Agreement supersedes all prior Redevelopment Agreements, negotiations and discussions relative to the subject matter hereof. Section 2L Counterparts. This Redevelopment Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 16 Item 3 IN WITNESS WHEREOF, the parties hereto have caused this Redevelopment Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corpora/tionn,� B Y� Mayor Attest . � PUT `% City Clerk Tuscan Plaza, an Illinois corporation By: 0 Pre 'd t Attest: cretary �- yoelvillJwomednr top ohm Item 3 Exhibit A Eligible Redevelopment Project Costs Site Work — General Condition $76,000.00 Surveyor $22,000.00 Soil Engineering $27,000.00 Excavation $823000.00 Demolition $72,000.00 Sewer and Water $ 129,000.00 Architectural $353,000.00 Conveying System $ 161 ,000.00 Roof Top Garden $66,000..00 Railroad Fees $ 14,000.00 Parking Lot $2972000.00 Masonry $ 1245000.00 HVAC (Garage Only) $555000.00 Plumbing $63,000.00 Fire Protection $441000.00 Electrical $65,000.00 Legal $45,000.00 Marketing $38,000.00 Interest $100.000.00 Total $ 1 ,833,000.00 18 Item 3 Exhibit B REQUEST FOR RELMBU-RSEMENT City of Yorkville Yorkville, Illinois 61490-9999 Re: Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area dated by and between the City of Yorkville, an Illinois municipal corporation, and Tuscan Plaza Inc., an corporation (collectively the "Developer") Dear Sir: You are requested to approve the disbursement of funds from the Sub-Account established by the City of Yorkville pursuant to the Agreement described above in the amount(s), to the person(s) and for the purpose(s) set forth in this Request for Reimbursement. 1 . Request for Reimbursement No.: 1 Payment Due to: 3. Amount to be Disbursed: 4. The amount requested to be disbursed pursuant to this Request for Reimbursement will be used to pay Redevelopment Project Costs as defined in the Agreement and as listed on the Schedule to this Request for Reimbursement. 5_ The undersigned certifies that: (i) the amounts included in 3 above were made or incurred or financed and were necessary for the project and were made or incurred in accordance with the construction contracts, plans and specifications heretofore in effect; (S) the amounts paid or to be paid, as set forth in this Request for Reimbursement, represents a part of the fiords due and payable for Redevelopment Project Costs; (iii) the expenditures for which amounts are requisitioned represent proper Redevelopment Project Costs identified in the Agreement, have not been included in any previous Request for Reimbursement, have been properly recorded on the Developer's books and are set forth on the attached Schedule, with paid invoices attached for all sums for which reimbursement is requested; (iv) the moneys requisitioned are not greater than those necessary to meet obligations due and payable or to reimburse the Developer for his funds actually advanced for Redevelopment Project Costs; (v) the amount of Redevelopment Project Costs to be reimbursed in accordance with this Request for Reimbursement, together with all amounts reimbursed to the Developer pursuant to the Agreement, is not in excess of $1 ,833,000; (vi) the Developer is not in default under the Agreement and nothing has occurred to the knowledge of the Developer that would prevent the performance of its obligations under the Agreement. 6. Attached to this Request for Reimbursement is Schedule N together with copies of invoices or bills of sale and Mechanic's Lien Waivers covering all items for which reimbursement is being requested. Tuscan Plaza, Inc. an corporation Date. By: APPROVED: City of Yorkville, an Illinois municipal corporation 19 Item 3 Legal Description of Subject Property Parcel One (201 -203 Bridge): Lots 1 and 9 in Block I of Black's Addition to the Village of Yorkville, In the United City of the Village of Yorkville, Kendall County, Illinois. Parcel Two (205 Bridge): The north '/ of Lots 2 and 10 in Block I of the Black's Addition to the Village of Yorkville, in the United City of the Village of Yorkville, Kendall County, Illinois.