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Economic Development Packet 2007 09-18-07 United City of Yorkville J 4 '`'' 800 Game Farm Road EST. -1 _ _ 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 o� 1 _ v �. Fax: 630-553-7575 ALE �vv AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, September 18, 2007 7:00 p.m. City Hall Council Chambers Revised 9/17/07 Presentation: None Minutes for Correction/Approval: August 21, 2007 New Business: 1. EDC 2007-35 Monthly Building Permit Report for August 2007 2. EDC 2007-36 Monthly Plan Commission Report for September 2007 3. PC 2007-29 Autumn Creek Unit 2 Final Plat of Subdivision 4. EDC 2007-37 Policy Regarding Signage Recognizing State Champions — Discussion 5. ZBA 2007-19 Sega Variance Request — Building Height 6. EDC 2007-38 Sign Ordinance Update — Discussion 7. EDC 2007-39 Rob Roy Falls — Business District Discussion Old Business: 1. EDC 2007-34 Banking/Land Use Discussion Additional Business: UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, September 18, 2007 7:00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: 1 . None --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: 1 . August 21 , 2007 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------...------------------------ ---------------------------------------------------------------------------------- 1 . EDC 2007-35 Monthly Building Permit Report for August 2007 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ----------------------- - - - -------------- .................................................. - 2. EDC 2007-36 Monthly Plan Commission Report for September 2007 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 3 . PC 2007-29 Autumn Creek Unit 2 Final Plat of Subdivision ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ------------------------ ---------- --------------------°--- ----------- .................... ----------------------- 4. EDC 2007-37 Policy Regarding Signage Recognizing State Champions — Discussion ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other -------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: ---------- ------------ --------- ------------------------ ----------- ----------------------------------------- ---------- 1 . EDC 2007-34 Banking/Land Use Discussion ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------- ------------ ----------------- ---------------- ---------------------- ------------------------------------- ADDITIONAL BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- Page 1 of 4 RAF UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, August 21, 2007, 7pm Conference Room In Attendance: Committee Members Alderman Jason Leslie, Chairman Alderman Joe Besco Alderman Gary Golinski Alderman Marty Munns Guests: Mayor Valerie Bard (arr. 7:30pm) Alderman Joe Plocher Alderwoman Rose Spears Community Development Director Travis Miller Interim City Manager Bart Olson Economic Development Director Lynn Dubajic Attorney Gregg Ingemunson Tony Scott, Kendall County Record Donna & Gary Cervelli, Tuscany Real Estate Investments Diane Pohl Ken Spaeth, Old 2nd Bank The meeting was called to order at 7:O1pm by Chairman Jason Leslie. MINUTES FOR CORRECTION/APPROVAL: July 31 , 2007 The minutes were approved as read. NEW BUSINESS : 1. EDC 2007-32 Monthly Building Permit Report for July 2007 Travis Miller reported that residential permits are down, however, he noted 38 permits were issued in July, 2006 compared to 34 in July, 2007. Due to rapid commercial growth, the City is only down 10% for all permits compared to last year. Alderman Leslie asked how this has affected the budget so far this year. The capital fees tied to building permits are only slightly behind and there has been no effect on major capital purchases at this time according to Bart Olson. He also noted additional squad cars will be purchased when there is more cash available. He said there is great cooperation between departments regarding large dollar purchases. No father action was required and this information will move to C.O.W. Page 2 of 4 2. EDC 2007-33 Monthly Plan Commission Report for August 2007 The Jake Land Group was the only item in this report and Mr. Miller provided a summary of the Plan Commission meeting. Since the EDC had requested to be informed when the Plan Commission is not in favor of proposed developments, he brought the information forward to this committee. hi this case, the commission approved annexation, but not the PUD or zoning. Mr. Miller said the case will move to Public Hearing on August 28th without revisions and he said this is typical. The next step is the annexation agreement and then the matter moves back to EDC with revisions. It was noted that when an application comes in, there is a draft annexation agreement attached. When that is presented at a Public Hearing, the staff has not yet reviewed it. Alderwoman Spears noted that previously during Public Hearings, the Council was allowed to address the petitioner and state concerns. However, at the last Public Hearing held, she noted that the Council was advised that was not the time for comment--that it was only a presentation. Bart Olson said the Council and Mayor would need to decide what procedure would be followed and he suggested the Mayor and Aldermen should discuss this matter. Ms. Spears asked to have this matter placed on a future C.O.W. agenda. 3. EDC 2007-34 Bank Moratorium Discussion Alderman Spears had asked for this item to be on the agenda and opening discussion was turned over to her. She felt that too many banks were being built, many of them on major corners on prime property. She said other communities have placed restrictions on the location of banks and suggested they could be situated behind other buildings on the major corners. Mr. Besco said that building is slowing down and while he is not in favor of a bank on every corner, he wondered if the banks could really be restricted, especially in view of the present economy. Presently, three new banks are under construction in Yorkville according to Lynn Dubajic. She said the IRS has reported $ 121 million of income is moved annually from DuPage to Kendall County. Alderman Leslie questioned how banks are taxed. They are taxed on the real estate, however, not on gross receipts--no sales tax comes back in to the community from banks. However, as Ms. Dubajic pointed out, banks could argue that they reach out to the communities in many ways including donations to various groups. Page 3 of 4 Old 2nd Bank representative Ken Spaeth commented that a typical branch bank costs $24 million to build. Banks are attracted to rooftops and are naturally attracted to Yorkville. He also concurred that banks are great supporters of philanthropic causes. Alderwoman Spears asked City staff to ask banks for a list of their donations. Mr. Spaeth said that only publicly traded banks would be required to have that information available. Mr. Miller agreed that the lack of sales taxes from banks is a legitimate question. He said if a bank has edged out another business, it should be reviewed. Alderman Munns asked Miller to provide some research of any such situations. Ms. Dubajic told of only one situation where a bank was looking at a corner property, the deal did not work and she notified a restaurant of the comer opportunity. It was suggested that prime locations should be identified and then perhaps designated as special use. Some committee members agreed the moratorium idea does have merit. Another suggestion was to assess land cash from banks or extra municipal/impact building fees Chairman Leslie said the item should be brought back to EDC in a month and further feedback could be solicited for special use districts as well as tax assessment research. At the conclusion of the discussion, Ms. Spears said after reading all the documentation, she would not recommend moratoriums, but rather special use or location. OLD BUSINESS: 1. PC 2007-24 Kalant Development - Rezoning This development is at the comer of Rt. 47 and Center St. and the petitioner has requested rezoning from R-2 to B-2. One of the concerns was that parking would possibly spill over into the park area especially on the weekend when events might be held. Alderman Leslie also noted that the business would be within 2 feet of the future right-of-way Comments from Mr. Miller included: This is a non-conforming structure and if a fire occurred, the property would have to go through the variance process. Language regarding right-in/right-out, signage, water connection/well abandonment will be added to the development agreement. Revisions will be submitted so that the matter can be considered at the August 281h Council meeting. A consensus of the group was reached. 2. PC 2007-15 Grande Reserve Unit 28 — Preliminary Plan Travis Miller noted that this item is continued until next month. He explained that once the preliminary plan is approved, the petitioner has 12 months to bring forth a plan. At this time, Pasquinelli Builders is not withdrawing their plan, however, they are not moving forward with it either. He said this request is similar to the Wal-Mart time extension. Page 4 of 4 Mr. Miller was asked to communicate to the builder that they should either withdraw or move forward and should be given one month to make a decision. 3. EDC 2007-30 Tuscan Plaza — Redevelopment Agreement Amendment-Developer Note Provision Gary and Donna Cervelli were present on behalf of this development. The Cervelli's had a meeting with their banker following the last EDC meeting At that time, the bank requested an amendment to the agreement to indicate the City commitment to the agreement. In May, the City Council agreed to rebate money for TIF-eligible items to the Cervelli's. Those rebates are based on the generation of revenues. Alderman Leslie said he had concerns about the City taking a third party role for the funding for the development, but more importantly the fact that there is a hole in the ground. He does not want the City to be responsible for financial liability. He noted that Kathleen Orr, TIF Attorney, will speak at the August 28th City Council meeting to explain the procedure to the Council. Ms. Orr also had said that this type of note to the bank is used about 50% of the time. The redevelopment agreement contains timelines for obtaining permits, having financing secured and a completion date. The City may modify those dates and the August 31st permit date will be postponed to the end of the year, however, the financing must be secured by the end of September. Alderman Leslie recommended moving forward with this matter after the Council hears the explanation from Attorney Orr. Mr. Golinski noted that he would not be at the August 28th meeting, but said that he approved this action as long as there was no liability to the City. ADDITIONAL BUSINESS : None Having no fiuther business, the meeting was adjourned at 7:55pm. Minutes respectfully submitted by Marlys Young, Minute Taker uatN 6ss a % ? e 6D q VI Vl C if V C Gp M C O t O 67 4 V ti W W -35 ::A Y. YJ � Yi N � M K K fA F5 fA Vi Yi Vf O I � A y `o F 3 � h 0 U C 3 O O O O O O O O O o O a C S O � V�5 4 N N p r• VI N M t°�1 O N M N d N � 2 k � � � o � w e 5 O "� W C y C � r b H M 3 e e Pq LW Y m Yu i� 1 V w U U U V a a a g C NE,,,, Busily P,SS t�a CDC, a00�- 3in 2`�EO cir o United City of Yorkville Memo a ^ 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 09 ��' :1 p� Fax: 630-553-3436 Date: September 12, 2007 To: EDC Cc: Brendan McLaughlin, City Administrator Lisa Pickering, Deputy Clerk From: Travis Miller, Community Development Director Subject: Plan Commission Actions September 12,2007 August 8, 2007 Meeting Minutes—Approved PC 2007-30 Jensen(Septran) Annexation and Zoning Request Motion to continue the Public Hearing to October 10, 2007 8 ayes; 0 no The continuation was made at the petitioner's request PC 2007-29 Autumn Creek Unit 2—Final Plat Motion to approve subject to address all staff comments 8 ayes; 0 no 1 ♦� v C/Ty Reviewed By: Agenda Item Number ? o �� O JLegal Finance ❑ EST. , _ 1836 ,\\_ Engineer ■ Tracking Number O W City Administrator ❑ Consultant ■ PC 2007-29 <�E �VV Agenda Item Summary Memo Title: Autumn Creek Unit 2 Final Plat of Subdivision Meeting and Date: EDC September 18, 2007 Synopsis: Council Action Previously Taken: Date of Action: April 2005 Action Taken: Annexation and PUD Approval Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: o United City of Yorkville Memo 1 " 800 Game Farm Road EST 1 I 1836 Yorkville, Illinois 60560 '� Telephone: 630-553-8545 o� �� p� Fax: 630-553-3436 <LE v�`2 Date: September 11 , 2007 To: EDC From: Travis Miller, Community Development Director Subject: Autumn Creek Unit 2 Final Plat Background The Annexation and PUD Agreement including the Preliminary Plat and Plan was approved by City Council April 2005. The Final Plat for Unit 2 is consistent with the approved Preliminary Plat for the area defined by Unit 2. The Plan Commission is schedule to review and comment on this request September 12, 2007. Staff Comments This Unit includes the following: Lot 229 — School Site. The PUD Agreement requires the transfer of this parcel to School District 115 for the purpose of constructing an elementary school. Lot 230 — Park Site. The PUD Agreement requires the contribution of this parcel to the City to satisfy a portion of the land-cash requirement for this development. Right-of-way for Autumn Creek boulevard from Unit 1 to Kennedy Road Right-of-way for Prairie Grass Lane to Prairie Meadows subdivision (and providing access/public way frontage for Lot 229-School Site. Staff Recommendation Staff recommends approval subject to the following comments: - August 2, 2007 report comments prepared by Anna Kurtzman - August 15, 2007 report comments prepared by Bill Dunn sir United City of Yorkville County Seat of Kendall County Esr 1 1836 800 Game Farm Road Yorkville, Illinois, 60560 < o Telephone : 630-553-4350 09 �Us� 20 Fax : 630-553-7264 LE �? Website: www.yorkville.il . us August 2, 2007 TO: Annette Williams, Administrative Assistant FROM: Anna B. Kurtzman, AICP SUBJECT: PC 2007-29 Autumn Creek Unit 2 Final Plat of Subdivision Dated: 7/26/07 Plat of Easement Dated: 7/26/07 The Department of Building Safety staff has reviewed the documents listed above for compliance with the zoning code and the PUD agreement. Based upon our review of these documents we offer the following comments: 1 . Final Plat of Subdivision —The applicant is required to include tl e building setback lines on the lots being created. 2. Plat of Easement — staff has no comments regarding this document. /abk 0: C. Wunder, T. Miller, J. Wywrot filename: \\CoyseNcr\User FoldersWKunzm=\My DocumentsWummn Creek\Unit 2 Plat 8-2-07.doc S2 Wheeler Road • Sugar Grove, IL 60554 TELt 6301466.9350 PAX: 6301466.9380 www.eeiweb.com Engineering Enterprises, AnC, August 15, 2007 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Autumn Creek P.U.D., Phase 2 Final Plat Review (Revised) United City of Yorkville, IL Dear Mr. Wywrot: We have reviewed the following submittal in connection with the above-referenced project: • Autumn Creek P.U.D. Unit 2 Final Plat of Subdivision for a significantly reduced scope of work prepared by Thomson Surveying, Ltd. consisting on four (4) sheets with and dated July 26, 2007. Plat of Easement prepared by Thomson Surveying Ltd. dated July 26, 2007 depicting a 20 foot Public Utility and Drainage Easement in the rear of Lots 282 through 291 . We offer the following comments: FINAL PLAT 1 . The Surveyor's Certificate on Sheet 4 should include the flood zone hazard comment as shown below: • 1 FURTHER CERTIFY THAT NO PART OF THE ABOVE DESCRIBED PROPERTY IS LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON FIRM , DATED, ALL OF THE PROPERTY IS LOCATED IN ZONE C, AREAS OF MINIMAL FLOODING. OR I FURTHER CERTIFY THAT PART OF THE ABOVE DESCRIBED PROPERTY IS LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON FIRM J DATED, BUT THAT ALL SPECIAL FLOOD HAZARD AREAS ARE CONTAINED IN STORMWATER Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joseph A. Wywrot August 15, 2007 Page 2of2 MANAGEMENT EASEMENTS OR ON LAND TO BE CONVEYED TO THE UNITED CITY OF YORKVILLE AND THAT NO PART OF LOTS THROUGH„,_ (INCLUSIVE) (the buildable lots in this subdivision) IS LOCATED WITHIN SAID SPECIAL FLOOD HAZARD AREA, 2. The Unit 2 Final Plat of Subdivision is acceptable as submitted and represents a portion of the previously Unit 2 Final Plat submitted and approved on June 8, 2007, 3. The plat of easement for off-site utilities represents only a small portion of the easements that will be necessary to serve the platted improvements. Additional easements will be needed in the proposed Olive Lane ROW and between Lots 282 and 283 for water main extensions. Additional easements for sewer are needed in Olive Lane and along Lots 277, 276, 275, 274, 304, 305, 303, 294, 295, 296, 297, 266, 267, 268, 269 and 270. Easements are also necessary along Lots 231 , 232, 233, 234 and 235. Easements for storm sewers will also be needed in some areas along Kennedy Road including Lot 308. An easement will also be required within the future Titus Drive ROW. Depending upon the routing of other public utility and the possible need to develop portions of the proposed pathway systems even more easements may be required. These are particularly possible along Autumn Creek Boulevard and Prairie Grass Lane. Any required off-site easements should be recorded separately as plats of easement rather than illustrating them on the future plats of subdivision of Autumn Creek due to the uncertainty of the timing of plat executions and recording. CONCLUSION We recommend the approval of the Final of Subdivision for Unit 2 and ask that the developer review and prepare the easements that will be needed to cover all utilities and pathways or sidewalks. If you have any questions or comments regarding this review, or require any additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. e e)-'ie '0 '?�� William E. Dunn, P.E. Senior Project Manager PC: Travis Miller, Director of Community Development Bart Olson, Acting City Administrator Charley Wunder, Urban Planner PJH/KMH, SEC Matt Cudney, Pulte Homes JWF, EEI G.lPublic\Yorkv!!1e2004\YC0415 Theidul Property (Pulte Hanes)10oe4 wywrotl3Ph86e2F inalPlalrcvised.doc a 1 }4 o � ,-' fF,�� yf!' .afr�i�o- ,f "o• 4�• nZ+"�' r �3�� wN�� \ / d ZA Oil Aga Zt Nov Ski V J6 �,°�14 CDx ' � � ol Ei Opp s z a m 1 cov v `v tiKc ci o tt� � � SNao�rvL' a Y P TJs Ao t1�i 6.•W� N Lli yo I " `� f \2 ° �r �c r s - _ � 2. �_ a cxxxexrazne=zsux � � e o Ba41sPSES. LAKE 3 * F�'CCw."�la dY{.M ]33 (IXa 'PUf$ m _ Pa SB tri a3d YAK tl bfi2 as >so >vN N55. �--___ - i sciaE_� a o I F 95382 -_.__. } BIB m "�,� ti ` • 3(} WNy I�1i. N11S m.eVmmr.F yy;{, ar t" ' Wzf,,. Y 535. 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W D5 DESIGN FIRM LTCVMC fVMS5 STEEL 3% 2069 .NF.NS[NNS SRAIA 3C a @VER E FROM SCALE MEASUREMENT. i . `QED C/pk Reviewed By: Agenda Item Number 2 O Legal / J Finance ❑ EW EST. , 5636 Engineer ❑ '��-- Tracking Number y City Administrator ❑ Consultant ❑ LE Human Resources El City Council Agenda Item Summary Memo Title: Policy Regarding Signage Recognizing State Champions—Discussion City Council/COW/ Committee Agenda Date: EDC—September 18, 2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N /A Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road EST. 1936 Yorkville, Illinois 60560 Telephone: 630-553 -4350 Fax: 630-553-7575 Date: September 13, 2007 To: Economic Development Committee From: Bart Olson, Assistant City Administrator CC: Subject: Policy Regarding Signage Recognizing State Champions — Discussion This agenda item was requested by Alderman Leslie. I have attached an email from Bonnie Olsem regarding two Yorkville residents, Moriah Dietzman and Olivia Reese, who are YMCA Gymnastics State Champions in the Level 4 Senior All-Around and Level 4 Junior All- Around levels, respectively. For such an achievement, IDOT has a policy to create, install, and maintain celebratory signs for a period of one year on two corridors into the City (at IDOT' s cost). I have forwarded the information on both Moriah and Olivia to IDOT and they are awaiting our decision on where to place the signs. I have attached the fax from IDOT on the subject. Additionally, I have been told by City Administrator McLaughlin that Naperville has a policy regarding this subject, and have contacted them for a copy of the policy. At time of packet creation, I had not received a copy of the policy. If I receive a copy of the policy prior to Tuesday night, I will distribute it in a supplemental memo. Finally, while IDOT has a policy that addresses road signs, the City of Yorkville may want to create a policy that is larger in scope. I seek further direction from the committee on this concept. Page 1 of 1 Bart Olson From: Meghan Gehr [mgehr @yorkville.il.us] Sent: Thursday, September 13, 2007 1 : 12 PM To: 'Bart Olson' Subject: FW: YMCA State Champion Recognition From: Bonnie Olsem [mailto: bolsem @yorkville.il.us] Sent: Monday, August 27, 2007 8:54 AM To: 'Burd, Valerie'; 'Lisa Pickering'; 'Meghan Gehr; 'Eric Dhuse'; 'Leann Kanan'; Glory Cc: 'Bonnie Olsem'; jleslie @meadowvale-inc.com Subject: YMCA State Champion Recognition All, According to Jason Leslie, it looks like he wants to put this issue on his Economic Development agenda. He extends his thanks to Mayor Burd per message below. Bonnie From: Jason Leslie [mailto:jleslie @ meadowvale-inc.com] Sent: Friday, August 24, 2007 1 :20 PM To: 'Bonnie Olsem' Subject: RE: YMCA State Champion Recognition I would love to, tell Val thank you for thinking of me I am a big YMCA advocate. From: Bonnie Olsem [mailto:bolsem @yorkville.il.us] Sent: Friday, August 24, 2007 12:05 PM To: jleslie @meadowvale-inc.com Cc: Glory; 'Bonnie Olsem' Subject: YMCA State Champion Recognition Jason, The Plano YMCA informed us that 2 Yorkville residents are State Champions in YMCA Gymnastics (Level 4 Senior All-Around and Level 4 Junior All-Around). Ali Whitecotton (from the YMCA) wanted to know if the city would get some street signs indicating such (Eric said costs run between $200 and $300 each). Mayor Burd wants to know if you would like to put a discussion on forming a policy regarding this issue on your Economic Development agenda. Thanks! Bonnie 9/13/2007 Page 1 of 1 Bart Olson From: Bonnie Olsem [bolsem @yorkville.il.us] Sent: Thursday, September 13, 2007 1 :40 PM To: Thomas.schaefer @illinois.gov Cc: 'Bart Olson'; Bolsem @yorkville. il. us Subject: YMCA Champion Names YMCA Gymnastics Moriah Dietzman Level 4 Senior All-Around State Champion Olivia Reese Level 4 Junior All-Around State Champion These are the names and titles given to me by the Fox Valley Family YMCA in Plano, IL. Please let me know if you need anything else. Bonnie Olsem Bolsem yorkville il.us 9/13/2007 le1 ,i r, ) [Nnois Department 6 of Transportation TELEFAX COVER LETTER DATE. September 13, 2007 TO bnited City of Yorkville Attn: Bart Olson TELEPHONE NUMBER: 630-553-8537 TELEFAX NO.: 630.553.7575 FR ' IR4: Bruce Hucker BY: Tom Schaefer TE O„PHONE NUMBER: 815-434-8446 TELEFAX NO.: 815-434-6998 RO W NUMBER: District 3 - Bureau of Operations: Traffic Engineer NU iBER OF PAGES INCLUDING THIS COVER SHEET: 1 SUIE11'"IECT: COMMUNITY AWARD SIGNING k:;, The following is the suggested wording for the requested award signs based on your Suty;fitted suggestion: r . HOME OF HOME OF MORIAH DIETZMAN OLIVIA REESE 2007 LEVEL 4 2007 LEVEL 4 SENIOR ALL-AROUND JUNIOR ALL-AROUND YMCA GYMNASTICS YMCA GYMNASTICS STATE CHAMPION STATE CHAMPION ' i. y As scussed, the department will place the award signs at two of the state routes ent Ong the City for a period of one year. Please indicate which two entrances you wish to I e these signs erected. Aft 1 ithe signs have been in place for a period of one year, the department will remove the igns and they will be given to the City. r.l r, If t iq is satisfactory, please sign below and FAX to the number above. i Be r '!PIson Uni ;d City of Yorkville If have an yep; y questions, please contact me at the above number, i I f I L ! 6 d 5L5G£550£9 « 8669- hE� ( 568) suot ;eJadO £q 100I L £ h6 EL -60 -1002 New suswc-az' BA ?0T- 19 United City of Yorkville County Seat of Kendall County 800 Game Farm Road EST Yorkville, Illinois, 60560 Telephone: 630-553-4350 9 �O` Fax: 630-553-7575 L6 ��'~` Website: www.yorkville.il.us i September 14,2007 TO: City Council I FROM: Anna B.Kurtzman,AICP i SUBJECT: Zoning Variance Request 505 Heustis St PC2007-19 PUBLIC HEARING: On Wednesday,September 5,2007,the Zoning Board of Appeals(ZBA)conducted a public hearing to consider a request to increase the height of a detached accessory building at 505 Heustis Street. Other than the petitioners no one was present in the audience to speak regarding this proposal(there was a letter in support of the requested variance that was submitted and given to the ZBA members). After conducting the hearing the ZBA made a motion to recommend to the City Council approval of the requested variance. This motion passed 3-1-1. REQUEST: The applicants,Thomas and Roxann Sega,own 505 Heustis Street,Yorkville,Illinois(Property Identification Number 05-39-301-009)located on the west side of Heustis Street, approximately 80 feet north of Fox Street. The legal description for the subject property is attached to this report. This lot is currently zoned R-2(one-family residence district)and is improved with a single-family detached house and a detached garage. The applicant is seeking to remove the existing detached garage and replace it with a larger garage. In locating the new garage the applicant is requesting the following variance: I 1. Section 10-3-5C of the Yorkville Zoning Code to increase the maximum height of a detached accessory building from 15 feet to 21 feet. CONDITIONS: The surrounding properties are zoned and used as indicated below: Zoning Use North R2 Single-family detached housing South R2 Single-family detached housing East R2 Single-family detached housing West R2 Single-family detached housingi i i t ZBA 505 Heustis Street — PC2007-19 September 14, 2007 Page 2 of 4 STANDARDS FOR GRANTING A VARIANCE: Section 10-14-5(C) of the Municipal Code indicates that the Zoning Board of Appeals shall not vary (or make a recommendation to vary) the regulations of the Zoning Code unless it has made findings based upon the evidence presented to them for each specific case based upon the following: 1 . Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out The ZBA indicated that there are no particular physical aspects of this property that would create a hardship for developing this property. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. The ZBA stated that this part of town, while not officially so designated, is equivelent to a historic district. The area has other detached accessory buildings that pre-date the zoning code that are greater than 15 feet in height, thus establishing a character to the area. The ZBA felt that the requested variance would be in keeping with the character of this area. 3 . The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. The ZBA stated that they felt that there is no hardship created by the Zoning Code. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. The ZBA noted that the requested variance is in keeping with the character of the neighborhood and therefore would not be detrimental to other nearby properties. They indicated that this position is supported by the letter submitted by the Pierces. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. The ZBA indicated that the requested variance, if granted, would actually increase the value of this property and the neighborhood in general. ZBA 505 Heustis Street — PC2007-19 September 14, 2007 Page 3 of 4 NEXT STEPS The ZBA has made a recommendation to approve the Sega's request to build a detached accessory building in excess of the maximum allowed by the zoning code (increasing it from 15 feet to 21 feet). If the City Council concurs with the ZBA's recommendation (with or without any conditions) then the Council should direct staff to prepare an ordinance. If the Council elects to deny the requested variance no further action is required. /ahk Attachments Filename: \\CoysmeAUsu Foldm\AKatlzm Wy Doe=mts\ZBA\505 Heastis - Sega\9-1407CCmport.doc ZBA 505 Heustis Street — PC2007-19 September 14, 2007 Page 4 of 4 LEGAL DESCRIPTION OF 505 HEUSTIS STREET THAT PART OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF HEUSTIS AND VAN EMMON STREETS IN THE VILLAGE OF YORKVILLE; THENCE SOUTH 5 DEGREES 14 MINUTES WEST ALONG THE WESTERLY LINE OF HEUSTIS STREET, 314.30 FEET; THENCE NORTH 82 DEGREES 30 MINUTES WEST, 227.0 FEET; THENCE SOUTH 5 DEGREES 53 MINUTES WEST 263.50 FEET; THENCE 82 DEGREES 51 MINUTES WEST, 188.0 FEET; THENCE SOUTH 7 DEGREES 26 MINUTES WEST 60.37 FEET TO A LINE DRAWN PARALLEL WITH AND 139.0 FEET NORTHERLY OF (MEASURED ALONG THE WESTERLY LINE OF HEUSTIS STREET) THE NORTHERLY LINE OF FRANKLIN STREET FOR THE POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 51 MINUTES EAST ALONG SAID PARALLEL LINE, 220.26 FEET TO A POINT 200.0 FEET WESTERLY OF (MEASURED ALONG LAST DESCRIBED LINE EXTENDED) THE WESTERLY LINE OF HEUSTIS STREET; THENCE NORTH 5 DEGREES 14 MINUTES EAST PARALLEL WITH THE WESTERLY LINE OF HEUSTIS STREET, 21 .0 FEET; THENCE SOUTH 82 DEGREES 51 MINUTES EAST PARALLEL WITH THE NORTHERLY LINE OF FRANKLIN STREET, 200.0 FEET TO THE WESTERLY LINE OF HEUSTIS STREET; THENCE SOUTH 5 DEGREES 14 MINUTES WEST ALONG SAID WESTERLY LINE, 80.0 FEET; THENCE NORTH 82 DEGREES 51 MINUTES WEST PARALLEL WITH THE NORTHERLY LINE OF FRANKLIN STREET, 422.53 FEET TO A POINT SOUTH 7 DEGREES 26 MINUTES WEST FROM THE POINT OF BEGINNING; THENCE NORTH 7 DEGREES 26 MINUTES EAST, 58.97 FEET TO THE POINT OF BEGINNING IN THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. c,rho United City of Yorkville s Count), Seat of Kendall County EST, 106 600 Game Farm Road �— to Yorkville, Illinois 60560 p �� G1 p' Phone: 630-553-4350 Fax: 630-553-7575 LE w ZzD -I - . APPLICATION VARIANCE REQUEST Date of Submission: i /x , 10 1 . Name ofPetitioner(s): w- aXG+. !'t �'t J �\ �..�A �/ Address: Lc ys I z5 '�E ur_ kvi lle TL (oa� Ga Phone Number: & 50 .55�_ 068-to Fax Number. 2. Name of holder of legal title, if different from 41 : 3 . if legal title is held in a land trust, list the names of all holders of any beneficial interest therein: 4. a. Street address and physical location of subject property: SCf 1e 6-W6 yovkviilei J�L. &06,loO I b. Proposed name of subdivision (if any): c. Legal description of property for which zoning variance is sought: q ' , .33 -3 ` CiAl o e1 . (If more space is needed, attach as "Exhibit A" d. Kendall County Parcel Number(s) of property for which variance is sought: 045 - 37 - 301 - 00V 5. Names and addresses of any adjoining or contiguous landowners and property owners within 250' of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as "Exhibit B".) 6. State the variance requested and the City ordinance including the section numbers to be varied: yf /0 --1 '75 - 6� G Pagel of 3 United City ofYarAi,ille Variance Request Application Revised: 227/04 7. Name, address, phone number and fax number� o� ,f person to whom inquiries regarding this petition may be directed: —ro V-R ax n n crcL Attorney: Name: Address: Phone Number: Fax Number: 8. Submit application with a filing fee in the amount of $85 .00. Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and . any other pertinent materials to the Clerk's Office. Large items must be folded to fit in a 10" x 13" envelope. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: Petitioner ) (Legal propert y ers signature must appear on this applicat ell l ' '` Subscribed and sworn before me this day of V 200 _. OFFICIAL SEAL �In.n MARGE H. MARKSLZ Notary Pi he NOTARY PUBLIC STATE OF ILLINOIS W COMMISSION IXPISES&47"09 Notary Stamp THIS APPLICATION MUST BE NOTARIZED, Page 2 of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 Tom and Roxann Sega Exhibit B Application for Variance - line 5 Property Owners Address Parcel Number Jeff and Holly Baker 507 Heustis St. 05-39-301-010 Ryan Martinez 109 Fox St. E. 05-39-301-011 Georgia Krause 504 Bell Lane 05-39-301-013 Bill and Lori Milam 501 Heustis St. 05-39-301-012 Bill and Karen Davis 405 Heustis St. 05-39-301-004 Ted and Jackie Milschewski 401 Heustis St. 05-39-301-003 Bill and Irene Anderson 112 Fox St. E. 05-39-302-014 Linda Neubert 601 Heustis St. 05-39-302-016 Angel and Jessica Trenado 110 Fox St. E. 05-39-302-011 Michael Pepplar 108 Fox St. E. 05-39-302-017 Brian and Jean Schillinger 402 Heustis St. 05-39-304-004 George and Kimberly Taggart 406 Heustis St. 05-39-304-005 Paul Gajewski 502 Heustis St. 05-39-304-006 Doug and Jo Pierce 504 Heustis St. 05-39-304-015 Doug and April Kinsella 506 Heustis St. 05-39-304-016 Cindy Heckelsberg 209 Fox St. E. 05-39-304-012 William Diehl 309 Mill St. 05-39-304-014 Robert and Nancy James 508 Heustis St. 05-39-304-009 Robert and Alyce Fey 601 Mill St. 05-39-305-003 Don and Gwen Walters 602 Heustis St. 05-39-305-001 Monitor Style Garage With Loft - Plan #624-1 Page 1 of 2 Monitor Style Garage With Loft - Plan #624-1 ...,. Price: $169.95 (for 4 plansets, Incl. materials list) Return To Garages Main Page Buy Now Online Order By Phone Or Mail all TRUSSE 3�y/� \� l l. . .. ..'3`� tar sad . 1 � l + Lr t�RRlas3-S «vnON FRONT f , •T i ' e Dora,N(xfY9Nlan .� - � i 1 � an,45FwF. st*6ce � f �}s'r y ..._. .�.._ _.._,. ._•...,. ..,A.m, .... —.--, „, X X r GARAGE courts J S9COKD FLOOR PLAN FOIST FLOOR PLAN Thi, 2-cat garage with tipper studio/office was designed for practical usage and turn-d-ttte-century style. The structure is retetivv»ly simple and it creates mxmWe interior ice, as welt as a ddightful bu"ag fwvn. Writ 2W.Cr' d PLAN Rm Behm DEPTH: 2&-00 RID�E1�KWTe ��,. FLOOR AREA: $24 G.ARr' t & Ski(JF P1.e1135 CP:TAI�Uf.+ d�v -�1 © -- (G77Cv http://www,behmdesign.com/garageplans/624-l .htnil 3/12/2006 s ' g 0 o S o O o m �i I FREV/9USLY" OEO/ � rg w M w {p{pLL tS � - ° C47=0� UrVNAtyIfO s -�-i —AI m m m cp 58.97 n; cn (n V) z co a a z z z w m m _ 12. �z o (n C m m C =i c m m 0 198 X\` o N N Vi W t SOS°5300'{y S 05° woodpordd 5 O 3 7 N zds �I 05°/4'E N o l 2 10' ro : 15i C M `^ 1 A4.6 to ld� 1 If o e Pil m ':Iw Q 80. 0' i 7 ✓�BJ ��.� SO5 014 LI f N Ew lB U S l N CSS #I� Effie- 3g CHAPTER 12 SECTION: 10-12-1 Principles 10-12-2 General Purpose 10-12-3 Scope 10-12-4 Definitions 10-12-5 Signs Exempt from this Chapter 10-12-6 General Provisions 10-12-7 Prohibited Signs 10-12-8 Permitted Signs—Residential Zoning Districts 10-12-9 Permitted Signs—Business Zoning Districts 10-12-10 Permitted Signs—Manufacturing Zoning Districts 10-12-11 Nonconforming Signs 10-12-12 Permitting Procedures 10-12-1 PRINCIPLES The provisions of this Article recognize that: A. There is a significant relationship between the manner in which signs are displayed and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 10-12-2 GENERAL PURPOSE. The regulation of signs by this Article is intended to promote and protect the public health,safety and welfare by: A. enhancing the economic condition of the City by promoting reasonable, orderly and effective use and display of signs. B. enhancing the physical appearance of the City. C. protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the City. D. protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. E. preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this Article: 1 . Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this Ordinance. 2. Regulates the size, location, height, installation and other pertinent features of new signs. 3. Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. 10-12-3 SCOPE. The regulations of this section shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the City and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this section relate to the location of signs, by function and type, within zoning districts and shall be in addition to provisions of the City of Yorkville Building Code and the City of Yorkville Electrical Code. 10-12-4 DEFINITIONS A. Awning, Canopy or Marquee Sign: A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this Article. The construction materials and the manner of construction of all awnings, canopies and marquees shall be in accordance with the Yorkville Building Code. B. Banner. Any sign of lightweight fabric or similar material that is displayed on a pole or building. National, state or municipal flags, official flags of any institution or business shall not be considered banners. C. Billboard. An off-premise advertising sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located. 2 D. Business Sign. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located or to which it is affixed. A business sign shall be a wall, canopy, awning, marquee, or window sign. E. Cold air Inflatable Device. An inflatable device, without a frame, used as a portable sign for promotions, sales or special events. A cold air balloon shall be ground mounted. F. Construction Sign. A sign erected on a lot on which construction is taking place, indicating the names of the architects, engineers, landscape architects, contractors, and similar artisans, and the owners, financial supporters, sponsors and similar persons or £runs having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot. A construction sign shall be a wall or freestanding sign. G. Freestanding Sign. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure H. Grand Opening Temporary Sign. A temporary sign used for the purpose o f advertising a grand opening of a new business. A grand opening temporary sign may be displayed only within 180 days of issuance of an occupancy certificate. A grand opening temporary sign may be a wall, marquee, canopy, awning, or freestanding sign. Promotions, anniversary sales, special sales, or going-out-of-business sales do not apply. I. Ground Mounted/Monument Sign. A sign that is supported on a base that is equal in width and depth to the frame of the sign itself. A ground mounted/monument sign must be constructed of materials to match the principal structure. I. Identification Sign. A sign giving the name and address of a residential building, business, development, industry, or other building or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol. An identification sign shall be a freestanding, wall, canopy, awning, or marquee sign. K. Menu Board Sign. A sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. 3 L. Message Board Sign. A sign designed so that characters, letters or illustrations can be changed or rearranged manually without altering the face or surface of the sign. M. Pole Sign. A freestanding sign supported by column or columns whose total width is less than 50 % of the sign face depth. N. Portable Sign. A sign attached to or mounted upon a frame intended to be moved from place to place. O. Projecting Sign. A sign which in whole or in part is dependant upon the building for support and project more than twelve (12) inches from such building, except for awning, canopy and marquee signs. P. Real Estate Sign. A sign indicating the sale, rental, lease, or development of the lot, a portion of the lot, or a building on the lot on which the sign is located. A real estate sign shall be a wall or freestanding sign. Q. Roof Sign. A sign that is wholly dependant upon a building for support or mounted on the roof, which project more than six (6) inches above the highest point of a building or roof to which they are attached. R. Snipe Signs. A temporary or permanent non-governmental signs in a public right-of-way which is tacked, nailed, posted, pasted, glazed or otherwise affixed to a pole, stake, fence, traffic sign, traffic control device, utility pole, tree or the ground. S. Temporary Signs. Any sign, banner, pennant, streamer, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other lightweight material without a frame. A temporary sign shall be a wall, awning, marquee or canopy sign. T. Vehicle Sign. Any vehicle primarily situated to serve as a sign rather than as transportation. An automobile, van, or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. U. Wall Sign. A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve (12) inches from such building or structure. V. Window Sign. A sign which is applied or attached to or located within three (3) feet of the interior of a window, which sign may be seen through the window from the exterior of the structure. 4 10-12-5 SIGNS EXEMPTED FROM THIS CHAPTER Nothing in this shall be construed as exempting the following signs from the Building Code or those portions of the Municipal Code applicable to signs. The following signs are otherwise exempt from regulations by the Zoning Ordinance: A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag.. B. Decorations customarily and commonly associated with a national, local or religious holiday, celebration or anniversary provided that such decorations shall not be displayed for more than sixty (60) consecutive days. C. Signs four (4) square feet or less in area and five (5) feet in height or less on private property regulating on-premise traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty- two (32) square feet in area, five (5) feet high and not in the vision triangle, used solely to give information about and accessory to a public, charitable, educational or religious institution located on the lot. E. Legal notices, identification, informational, directional, traffic or other sign erected or required by governmental authority under any law, statute or ordinance. F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a building and the date of construction, when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other non-combustible material and permanently attached to a building. G. Non-illuminated window signs painted on or covering no more than 50% of the window area, excluding glass doors. H. Real estate signs four (4) square feet or less in area, provided that no more than one (1) such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five (5) feet from any lot line and shall be five (5) feet or less in height and shall not be illuminated. I Menu boards accessory to a restaurant drive-up window facility, provided such sign s are thirty-six (36) square feet or less in area. 5 J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision. Each type of model home is allowed one (1) sign not to exceed eight (8) square feet in area and five (5) feet in height. Such sign shall be located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing," `Beware of Dog" and other similar warning signs four (4) square feet or less in area.. L. Name and address plates which give only the name and address of the resident(s) o f the building less than three (3) square feet on single and two family dwellings and five (5) square feet for multi-family dwellings. M. Garage sale, farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four (4) square feet in area.. N. Building interior signage O. Political signs. Signs sixteen (16) square feet or less in area and announcing candidates for political office or political issues, provided that such signs shall not be displayed more than sixty (60) days before any election and shall be removed within five (5) days after said election. P. Construction signs under eight (8) square feet. 10-12-5 GENERAL PROVISIONS. A. Sign Area. The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle, circle, triangle or combination thereof that will encompass the extreme limits of the writing representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A double faced sign shall count as a single sign. B. Sign Height. The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements. Except as otherwise provided, signs shall be located at least five (5) feet from any driveway and lot line. Furthermore, no sign shall 6 be erected or located in a public right-of-way except as established by the authorized public entity responsible for the right-of-way. No sign having a height more than thirty (30) inches shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty- five (25) feet from the point of intersection of two (2) street right-of-way lines forming such a corner lot D. Illumination of Signs. The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located. Exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to Residential areas shall not be illuminated between the hours of 11 :00 p.m. and 5:00 a.m. unless the use to which the sign pertains is open. E. Sign Maintenance The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards 1 . Signs shall be maintained in a neat and orderly condition and good working order, including illumination sources, at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the Building and Electrical Codes as adopted by the City of Yorkville. F. Abandoned Signs Except as otherwise provided in this Ordinance, any temporary sign installed for a period of thirty (30) days or more, or any sign which pertains to a time, event, or purpose which no longer applies , shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty (30) days. G. Removal of Signs Any sign found to be improperly maintained, abandoned or otherwise in violation of this ordinance which is not removed or repaired within thirty (30) days of written notice of the Code Official may be removed by the Code Official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. 7 10-12-7 PROHIBITED SIGNS. The following signs shall not be permitted: A. Flashing signs, except electronic message boards which show temperature and time. B. Roof signs. C. Pole Signs D. Projecting signs. E. Vehicle signs F. Signs which constitute a hazard to public health or safety. G. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or entrance. H. Signs which, by reason of size, location, content, color, or manner of illumination, obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. I. Signs which make use of words such as "Stop," "Look,' "One-way," "Danger," "Yield" or any similar word, phrase, symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. I Billboards K. Portable signs L. Searchlights, except searchlights for grand openings and special civic events. M. Snipe signs N. Signs displaying obscene or indecent matter. O. Moving, rotating or animated signs except traditional barber poles not exceeding two (2) feet in height and projecting not more than twelve (12) inches from the building utilized only to identify a hair cutting establishment 8 10-12-8 PERMITTED SIGNS — AGRICULTURAL, FLOOD ZONE & RESIDENTIAL ZONING DISTRICTS A. PERMANENT SIGNS 1 . Free standing identification or business sign. All non-residential uses in the agricultural, flood zone and residential zoning districts may have one free standing business or identification. Said sign shall be thirty-two (32) square feet or less in area and five (5) feet or less in height. 2. Building mounted identification or business sign. All non-residential uses in the agricultural, flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance.. Building mounted signage can not extend more than 75% of the building facade of the building to which it is attached, 3. Subdivision and residential complex identification signs. Two permanent subdivision or residential complex identification signs, one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty-two (32) square feet or less in area and eight (8) feet or less in height and constructed out of premium building materials such as brick or stone. For the purposes of this provision this sign may be installed in two components, one on each side of the street. B. TEMPORARY SIGNS 1. Real estate signs. On non single family residential lots one real estate sign per street frontage no greater than thirty-two (32) square feet in area or five (5) feet in height.. 2. Residential Marketing signs at major entrances to residential subdivisions not to exceed one hundred (100) square feet and twelve (12) feet in height. 3. Residential off-site marketing signs to call attention to and give directions to residential developments in Yorkville shall be allowed at no more than four (4) off-site locations, and shall be no greater than one hundred (100) square feet in area and twelve (12) feet in height, Signs for a given development may be located in any zoning 9 district provided that there is at least one quarter (1/4) mile separation from the other off-site marketing signs of that development and that no off-site marketing sign be closer to a residence than one hundred (100) feet. Off-site marketing signs for different developments must be at least 250 feet from any other off-site marketing sign. 4. Grand Opening Sign. One (1) grand opening sign not to exceed thirty-two square feet in area and eight (8) feet in height. 5. Construction sign. One construction sign per non-single family lot not to exceed thirty-two (32) square feet in area and five (5) feet in height. 10-12-9 PERMITTED SIGNS — BUSINESS ZONING DISTRICTS A. PERMANENT SIGNS 1 . Free Standing Business Sign On lots less than three acres one (1) free standing business sign thirty-two square feet or less feet in area and eight (8) feet or less in height shall be allowed. On lots three acres or larger, one (1) free standing business sign sixty square feet or less in area and eight feet or less in height. 2. Building mounted Business/Identification Signs a. Single—use building. A business having a public entrance in an exterior building wall of a building on a lot shall be permitted to have Building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance.. The maximum area of such sign shall not exceed two (2) square feet for each one (1) lineal foot of the fagade of the building with a public entrance. No wall sign shall extend more than 75% of the width of the building fagade to which it is attached. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall of a building on a lot shall be permitted to have building mounted business or building mounted identification signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. 10 The maximum area of such sign(s) shall not exceed two (2) square feet in area for each one (1) lineal foot of the facade of that portion of the building of which the tenant or owner- occupant is in possession and to which the sign is attached. No wall sign shall extend more than 75% of the width of that part of the building facade in which it is located. B. TEMPORARY 1 . Searchlights. Searchlights for a grand opening only for a period of time not to exceed seventy-two (72) hours. 2. Cold air inflatable devices. One cold air inflatable device for a grand opening only for a period of time not to exceed seventy-two (72) hours. 3. Grand opening sign. One (1) grand opening sign not to exceed thirty- two square feet in area and eight (8) feet in height. 3. Commercial Real Estate signs. On commercial lots one real estate sign per street frontage no greater than thirty-two (32) square feet in area and five (5) feet in height. 4. Construction signs. One construction sign per lot not to exceed thirty-two (32) square feet in area and five (5) feet in height. 10-12-10 PERMITTED SIGNS — MANUFACTURING ZONING DISTRICTS A. PERMANENT 1 . Free standing business Sign On lots less than three acres or on lots that face a residentially zoned or used lot, one free standing business sign shall be allowed. Said sign shall be thirty-two (32) square feet or less in area and eight (8) feet or less in height. On lots three acres or larger, one (1) free standing business sign shall be allowed Said sign shall be a maximum of sixty (60) square feet or less in area and eight (8) feet or less in height 11 2. Building mounted Business/Identification Signs a. Single—use building. A business having a public entrance in an exterior building wall of a building on a lot shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance.. The maximum area of such sign shall be two (2) square feet or less in area for each one (1) lineal foot of the facade of the building with a public entrance. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall of a building on a lot shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such sign(s) shall be two (2) square feet or less in area for each one (1) lineal foot of the facade of that portion of the building of which the tenant or owner- occupant is in possession and to which the sign is attached. All business and identification signs shall be wall, awning, canopy or marquee signs. B. TEMPORARY 1 . Real estate signs. On industrial lots one real estate sign per street frontage no greater than thirty-two square feet in area or five (5) feet in height. 2. Construction signs. One construction sign per industrial lot not to exceed thirty-two (32) square feet in area and ten (10) feet in height. 3. Banners/Special Business Event sign. One Special Business Event sign per industrial lot not to exceed thirty-two (32) square feet in area and ten (10) feet in height. 10-12-11 NONCONFORMING SIGNS A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be 12 completed in accordance with the approved plans, provided construction of the sign is started within ninety (90) days after the passage of the ordinance amendment and is completed within sixty (60) days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6) months, or whenever there is evidence a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be re-established and the sign hereafter shall be in conformity with the regulations of this ordinance. C. Normal maintenance of a nonconforming sign is permitted , including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty (50) percent or more of the replacement value at the time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this ordinance. In the event the damage or destruction is less than fifty (50) percent of its replacement value based upon prevailing costs, the sign may then be restored to its original condition and the use may be continued which existed at the time such partial destruction until the nonconforming sign is otherwise abated by the provisions of this ordinance. In either event, a permit for restoration or repair must be applied for within a period of thirty (30) days from the date of damage or destruction, and be completed within sixty (60) days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six (6) months from the passage of this ordinance. New temporary signs shall be allowed only in conformance with the provisions contained in this ordinance. Such signage must be removed by the close of business of the day the temporary sign permit expires. 10-12-12 PERMITTING PROCEEDURES Permits for Permanent and Temporary Signs 13 A. No sign shall be erected, enlarged, expanded, altered or relocated unless the person proposing to erect, alter or move such sign shall obtain a permit from the Code Official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this ordinance. The fee for granting such a permit shall be established by the City Council. The schedule of fees shall be posted in the City offices and may be amended only by the City Council. Routine sign maintenance, changing of parts designed for change or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. B. Any person desiring a permit for a permanent or temporry sign shall file a permit application which shall contain or have attached the following information: 1 . A copy of plans and specifications showing the method of construction, illumination, if any, and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the City may be required. 2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating the location of the sign(s) on any building or structure on the lot. 3. A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed message and design, ac- curately represented as to size, area, proportion and color. 4. The written consent of the owner(s) or agent of the building, structure, or land on which the sign is erected. 5. The name, address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting, altering or moving the sign. C. Temporary Sign Permit Frequency and Duration Tyne of Sian Maximum Duration Maximum frequencv 14 Banners 14 days three times per year Special sale/business event 14 days three times per year Commercial real estate 6 months renewable Industrial real estate 6 months renewable Residential marketing 6 months renewable Grand opening 30 days once per business Cold Air Inflatable Device 72 hours once per business Searchlights 72 hours once per business Construction during active building permit issuance SECTION 10-12-13 SIGN VARIATIONS in addition to the procedures and standards listed in Section 10-14-5 of the Zoning Ordinance regarding variations from the requirements, the Zoning Board of Appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: 1 . If the sign was erected legally with a sign permit. 2. If there are any unique physical characteristics of the property 3. If there are limited available locations for signage on the property 4. The cost to the applicant of complying with the sign ordinance requirements 5. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit. 6. If the sign is on a street with 20,000 or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. 15 `�fpD C/py Reviewed By: Agenda Item Number J� s xa T Legal ❑ n ESf. 1836 Finance F-1 �L_� �1.tSwFSS Engineer 09 L y City Administrator ❑ Tracking Number �O Consultant Human Resources ❑ EDC 2007-34 City Council Agenda Item Summary Memo Title: Banking/Land Use Discussion City Council/COW Agenda Date: September 18, 2007 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: See attached staff report citr United City of Yorkville Memo J� O� 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 y Telephone : 630-553 -8545 9 o Fax: 630-553 -3436 k 11"mu <LE To: Economic Development Committee From: Charles Wunder, AICP6 Date: 9/12/2007 t/W Subject: Banks Background Under our current zoning regulations, banks, credit unions, savings and loan associations are a permitted use in the O Office, B- 1 Limited Business, B-2 General Business, B-3 Service Business and B-4 Business Zoning Districts. Drive through facilities for all types of businesses, including financial institutions do not require a Special Use Permit or impose additional site plan requirements. Currently we have eight financial institutions in the City of Yorkville. Two new financial institutions are under construction and one is going through the site plan approval process. All of them are either in the Route 47 or Veteran' s Parkway corridors and are either zoned B-3 or B-4. The attached table provides some information on the assessed values and property taxes paid by financial institutions and nearby retail properties: Research Summary A number of communities in the Chicago metro area have struggled with the numbers of financial institutions in retail areas. The retail areas have consisted of both traditional downtowns (Lake Forest, Highland Park, Hinsdale) and strip centers (North Aurora, Bolingbrook). Hinsdale was primarily concerned with the proliferation of banks in their downtown are and a study was commissioned and the portion of the study relating to banks has been attached. The regulatory responses to this problem fall into two groups. One is to limit financial institutions to the upper stories of multi-story buildings. This is the strategy that has been used in the downtown areas of Lake Forest, Highland Park and`Hinsdale. The Hinsdale regulations were challenged in the courts and it was found to be constitutional. The findings of that case have been attached to this report. The other regulatory strategy has been to require financial institutions and/or drive through facilities to have a Special Use Permit. This was the approach used in Bolingbrook. The advantage of using the Special Use Permit provisions is that it allows the City to impose conditions on the granting of a Special Use Permit. Community Reinvestment Act Reports The Community Reinvestment Act requires publicly traded banks to issue reports on their community involvement. The reports are based on corporate statistics rather than individual branch statistics. The data in these reports is related to their banking activities as opposed to their charitable or leadership roles. I have attached a copy of the Castle Bank Community Reinvestment Act report to illustrate what type of information is available in them. All of the banking companies in Yorkville have said they would mail their Community Reinvestment Act reports to the city this week so we will begin to maintain a file of these reports for future reference. a C N z 0 z o a o• 6A 696969r�sd9 (A d9bo� T�s � a A J W vi �D N cn w pN Oo w � o occ NVio 0 0 � C 69 69 6A 69 fas kA be F6e G9 cfl � y w W O1 w W O C 00 cn O cn N co 0o O � x CD y 00 y Q� CA G 00 C C d w 77 A N oho EA N be N a s ti N W 0 0 0 0 0 C Q. CD W C P N rbe fn 69 69 69 69 69 6A �] W N On Oo 00 A A a1 'cS CD O � C W x 09/ 07/ 2007 09 : 55 6307897016 VILLAGE OF HINSDALE PAGE 01 / 10 i Yea • .i • r . " 1 � �'a 'S :'. •` yg jtienaal D. Woa+ntr ITRi!ST�'l:S FOUNDED IN ] 83 Lz� A. bn= II ay 14 EAST CHICAGO AVENUE Mlchatl r{. Smith A 630 739-7000 A, ccle , n 7u8ftln ."UCE DSFARTMENT 799.7070 HINSI7ALE, I[..LINOIS 60621-348 ( ) otwi Wmlflm& ate?? ChR.aR•tMENf 7139-7000 Village Website: h4j/www.village6Nnsdale.org . ;A N. III SYMONDS DBIV£ ' DEPARTMENT OF COMMUNITY DF2�/ELOPMENT . FAX S 630089=70,16 SHEET lMi1 . r TRANS �9SS6uN '.. DATE: The following pages are for: NAME: — COMPANY: ADDRESS: FAX NO : Total Number of Pages „�tC� including cover sheet IF you, 'DO NOT RECEIVE ALL PAGES, PLEASE CALL AS SOON AS POSSIBLE. FROM : 09/ 07/ 2007 09 : 55 6307897016 VILLAGE OF HINSDALE PAaE 02% 10 Village of 1-linsdale Moratorium Business Use Study Page 2 of 10 Based on our interviews with Iocal property owners, develo_pers, real estate brokers, and a variety of. merchants in downtown Hinsdale, we did not identify any examples of beauty parlors and spas making it more difficult for merchants or other businesses in the downtown to succeed. Nor did we identify examples of salons bidding more dollars for space than alternative retail uses that therefore served to preclude such alternative uses from locating in the central core or in any other neighborhood commercial area. The interviews, in fact, suggest personal services Iike beauty parlors and spas generate foot traffic and sales spillover for retail and food-related uses in the downtown. This perception is typical for mixed use commercial areas, where salons and spas are examples of a consumer shopping pattern shift from the purchase of goods to the purchase of experiences and services. As appointment, destination-oriented businesses, salons are good at drawing people into commercial areas where they might then contribute to a vibrant commercial district. This drawing power includes a more regional area. than many types of businesses, thus bringing into Hinsdale potential retail patrons from other communities. Recommendations Given the ability of salon-type businesses to act as both local and regional. destination uses whe e other commercial businesses are present, and given the potential balance that this type of business seems to have in the community, it does not seem beneficial to prohibit the development of salons and spas from locating in Hinsdale. While restricting these uses to only floors other than first-,floor storefronts is a consideration, this type of restriction could have the potential of deterring some customers, thus curtailing the drawing power and convenience that these businesses may have, It is recommended that beauty/barber/salon type businesses continue as allowable land uses in the business districts within the Village of Hinsdale. Fin an mial / Credit baste uteraats - --- — - As a further part of this analysis we identified whether the existing supply of credit institutions has sufficient capacity to competitively satisfy the demand from Hinsdale residents and businesses for banking services, and considered whether from an ecotiorrue perspective a prohibition on new credit institutions would be reasonable, We also reviewed relevant articles and reviewed bank branch deposit data from the Federal Deposit Insurance Corporation ("FDIC"). A representative of a bank branch in Hinsdale was interviewed to add a different perspective to the study. We synthesised the results of the research to reach the judgements and recommendations summarized in this memorandum. I�INSiJ 4LF. IS NOT UNDERSERVFD By CREDIT INSTITUTIONS The interviews and analysis of deposit data indicate that Hinsdale is not underserved by credit institutions. Additional bank branches with drive through facilitie,, in the central business district will not likely add significantly to consumer welfare, That is, neither the quality nor pr cing of barking services is likely to worsen if additional credit institutions do not open in the central business district. This judgernent is based on the finding that the existing financial institutions PLANNING RESOURCES INC. G, P,1jENi GRuEN -H ASSOCIA,T :S ,-9/ 07 / 2007 09 : 55 6307597016 VILLAGE OF HINSDALE PAGE 03/ 10 Village of Hinsdale Moratorium Business ljse Study Page 3 of 10 provide a complete set of retail or personal banking and commercial banking services. The existing credit institutions have substantial capacity to serve increased retail acid cornmercial banking demands. A high degree of competition exists among credit institutions. Useful benchmarks to evaluate demand-supply conditions include: • ,overage deposits per branch • Deposit growth per competitor + riisowth/decline of branch deposits + Credit institutions per household Table l shows the estimated number of persons per bank branch and households per branch for Hinsdale and DuPage County as a whole for 2000 and 2003 . TABLE 1 Estimated populations and klouseho)ds Per Bank Branch for Hinsdale and 37uPage County: 2000 and 2003 2000 2003 Percent Change Hinsdale # ## 2000-2003 % P0 13111A601.1 177349 17,940 3.4 Households 5,977 6,229 4,2 T-linsdal.e Population et Branch' 2,1 GS a ,�31 24 Hinsdale 1-lou.seholds Pei Branch- 747 566 -24.2 2000 2002 Percent Change DuPa e Coranty # )ttl 2000-2002 Po elation 904,] 61 924,589 2.3 Households ' 325,21 332,957 2.3 DiRa e Count y PRvlat:jjon er B,tanch ' 2,984 2,87] -0'3 pupa e Corm ds per Branch ' 1 ,075 _^ 7 ,034 _ 3•S3 Notes t We ident 5ed Hinsdale as having 8 branches in 2000 and 11 branches in 2003. Many additional bxancbes such as the Oak Brook Bank branch at Gnue Mill are located close to the Village of Hinsdale. 200n households estimated based on household size in 2000. 3 Bascd on number of branches in 2000 and 2003 for DuPage Cow' y; COL;WY had 303 branches in 2000 and 322 branches in 2003- Sources: FDIC; Northeastern Illinois planning Convnission; Census 2000: Villa e of Hinsdale; C3ruen Gruen + ,associates. PLANNING RESOURCES INC. GRUrN G UEN + AsSOCIATES 09/ 07/ 2507 09 : 55 6307897016 VILLAGE OF HIIISDrALE PAGE 04110 Village of Hinsdale Moratorlurn Business Usr- Study Page 4 of 14 Table 1 shows that in 2000, the number of persons and households per branch in Hinsdale was 2,163 persons per branch and 747 households per branch. This compares to 2,9a-$ persons and 1 .075 households per branch for DuPage County. In 2003, the addition of more credit institutions in Hinsdale offset the population growth, with the number of persons per branch and riumber of households per branch decreasing by over 24 percent to 1 ,631 and 566 .respectively. In the County as a whole, on average, every bank branch serves about 76 percent more residents and 82 percent more households than are served in Hinsdalet giving residents an extremely higb level of banking service. Table 2 shows the number of branches, total deposits, and average deposits per branch in Finsdale from 1999 through 2003 for which data is available. For the Bank of America, Wage National Bank, and United Community Bank branches, no data is currently available. ]"ABLE 2 a its Per OffZcc for Hinsdale: 1999-2003 t1t*ernge Deposits ffices Deposits Per Office # �f 00 s 1 ,412,690 176,586,2 1 ,269,112 153,639,000 1 ,217,844 152,230,500 8 9 ,04Ci,997 137,124,625 7 972,5$0 138940,000 DIC; Gruen Gruen + Assoc ates. Total deposits in 2003 of approximately $ 7 .41 billion dollars are 45 percent more than total deposits of approximately $972.6 million dollars in 1999, Deposits have increased annually by about 10 percent over the four-year period . The extremely high average deposits per branch office and rate of deposit growth suggests that the entry of the Bank of America, Wage National Bak, and United Community Bank branches will not materially adversely affect existing credit institutions. It is possible, however, that the increase in average deposits per office from 2002 to 20t13 is skewed upward by the exclusion of the three credit institutions for w:nich data is not yet available. Table 3 shows that while the number of households in Hinsdale are estimated to have increased by only four percent (or 252) between 2000 and 2003 , average deposits per household have increased by nearly 24 percent. PL.ANNrNC RESOURCES INC. G.Ru7?N Giro 1+t 3- ASSOCIATES 69/ 67/ 2007 09 : 55 6307997616 VILLAGE OF HIHSDALE PAGE 05/10 Village of Hir,8dale Moratorium Business Use Study Page 5 of ifs TABLE 3 Household Growth and Average Deposits per I'[ousehold Growth for kIfrasdale: 2000 and 2003 Perccnt Change 2000-2003 2000 2003 L 5,977 6,.229 4.9 Numbez of Households $2 26,792 23.6 Avetage Deposits Pcr $] 63,536 Household sources: Federal Deposit lnsurancc Corporation, Summar}' ofl)eposits; I�1oRtUeastezn Illinois T tannin. Conunission; Census 2000; Vill a e of Hinsdale; Gruen Gruen + Associates_ The interviews suggest that while Hin.sdal€ residents maintain well above average levels of financial assets with banks than do many other communities, Hinsdale residents maintain a smaller share of their total financial assets with banks. The high level of assets Hinsdale households tnai-3 al with local banks reflects the "high-touch", responsive customer service many local bank branches provide. The Federal Reserve Board Survey of Consumer Finances shows the continuing erosion of traditional bank products ' share of consumer financial assets. The proportion of consumer' s financial assets have shifted from deposits and certificates of deposit, savings and checking accounts to mutual funds and brokerage money market and checking accounts. Credit unions, non- bank finance companies, and mortgage companies also compete for consumers' 'financial assets. In addition, a declining proportion of banking business is conducted through bank branches. Telephone banking, automated teller machines, and on-line banking is becoming increasing popular. Given these consumer trends and the ongoing consolidation in the banking industry, the need for additional bank branches will likely decline over time. Table 4 shows the annual market share and deposit levels for Hinsdale credit institutions from June 1999 through June 2003 , Data for recently opened Bank of ,America, DuPage National Bank, and United Community Bank branches is not yet available. n, nrr iNr; RESOURCES INC. GRuEN GRuEN "I ASSOCIATES k^J9/ 77/ 2007 69 : 55 6377897916 VILLAGE OF HINSDALE PAGE 06 / 10 Vlliage of Nn F;;dale Moratorium Business Us® Study Page 6 of 10 TABLE 4 nnual Market Share and Deposit Levels for minsdale $arxks BraraclDes; 1999 2003` A Bank 1999 2000 2001 2002 2003 N%-t, Mkt. Mkt. b4kt. P11st_ Share $hart Share Share Share SOOQ 1s 00 20 S000 Harris 342,745 35,2 341 ,347 31 , 1 3615877 29,7 415,760 32.8 467,66 0 33.1 Bank It H,inSdale Rinsdale 193,000 19.8 209,138 19.1 246,297 20.2 294,491 23.2 353,005 25.0 Bank & T ust niial�est 147,021 15. 1 167,050 15,2 ] 94, 187 15.9 189,248 14.9 212,562 15+0 Santo & Trust Cbaaer 188,096 I 14.8 178,742 One - 2 branchcG Northern 22,154 2.3 43,786 4.0 56,368 4.6 67,357 5.3 81 ,193 53 Bnust Bank one 55,387 5.0 56,208 4.6 68,329 5.4 80>1. 73 5.7 T.aSall e a+,425 4.9 52,192 4. 8 45,413 3.7 45,83] 3 .6 39,355 2.8 Bank NA LibcrtN 166,889 17.2 168,561 15, 4 187,831 15.4 Federal BanR - now Charter One Superior 53,346 5.5 59,536 5.4 619,663 5.7 Bank - now Charter f One `l'otal 972,580 100 1,096,9 100 1 ,217,8 100 1 ,269,1 100 1 ,412,69 • 100 97 44 12 �_ *dotes Data is not pct available for Bank of .+america, DuPage Nptioaal Bank. and Unitad Commurlr° Bank. So�xces: Federal Dc osit Instaxancc Co oraton, Svxnmary of Dc osi.ts; Gruen Gruen + Associates- PLANNING RESOURCES INC. GRilEN GItuF'w + ASSOCIATES 09/ 07/ 2007 09 : 55 6307997016 VILLAGE OF HINSDALE PAGE 07/ 17 Village of Ninsdafe Moratorium Business Use Study page 7 of 10 Table 4 shows the dynamics of a consolidating banking industry. Two banks operating branches in 1999 no longer operated branches under their brand in 2003. Charter One purchased Liberty Federal Sank and the failed Superior Rank and has obtained a substantial share of deposits of nearly 13 percent of total deposits. in 1999, the four banks with the largest market shares obtained 87 percent of total deposits. Only one bank, however, had more 'dian 20 percent of total deposits. in 2003 , the four banks with the largest market shares controlled about 36 percent of the total deposits. Two banks had deposit shares of over 25 percent. In 1999 and 20W, every bank branch but one had at . least five percent of total deposits. The high number of banks with at least five percent of total deposits, the annual variations in deposit levels experienced by individual banks, and the changt; in the number and make up of banks in the market indicate a competitively functioning banking market. WHILE HINSDAL.E ISNOT UNDERSERYED BY CREDIT INS71TUTJONS, NEW EURANTS WOULD BE UNLIKELYTO MATERIALI YADY'ERSELYAFFECT EXISTING CREDIT INSTITUTIONS Another benchmark on which to evaluate demand-supply conditions, or the need for additional credit institutions, is whether the existing credit institutions are profitably serving obtainable dernands. Because of the sophisticated nature of consumers of Hinsdale market banking services, the large supply of banking alternatives, costs of deposits are relatively high '-for Hinsdale credit institutions. In addition, real estate occupancy costs are hi;h. Therefore, higher than typical levels of deposits are needed to cover the costs and generate an adequate return on bank branch development and operations. Credit institutions in Hinsdale probably need at least $40 million and more likely $50 to $55 million in deposits for profitable operations and return on investment. The review of deposit data and interviews suggest that all. but one of the existing credit institutions have substantially surpassed these deposit thresholds and likely produce an adequate return on investment. One bank branch reported nearly $40 million dollars in deposits in 2003 , but in the preceding four years reported deposit levels between. $45 million dollars and $52 million dollars. This suggests that the normal competitive effect of new entrants potentially siphoning of deposits and loan growth from existing credit institutions would not materially adversely affect many existing credit institutions, ADDITIONAL CACDITJIVSTITUTIONS ESPECIALLYFREL-STANDING CREDIT INSTITUTIONS WITH DRIVE-THROUC-HFACILITIE,S, WOULDLIKELYIMPOSEA.N OPPORTUNITY COST ON CORE PART OF DOWNTO RW SOUTH OF BURLINGTON ,NORTHERNRIIILROAD TRACKSBYPRECLUDING USE S TI-JA T &1/OULD STR,.ENGT.FIEN VITALITYAND SPILLOVER WITHIN TL-I.E DOWNTOWN CORE Given the existing supply of bank branch capacity; additional credit instituticros are unlikely to � r substantially improve consumer welfare in terms of banking services. Additional free-standing bank branches with drive-through facilities in .particular, however, wouldd likely impose in opportunity cost on businesses in the core part of the downtown Hinsdale, south of the Burlington Northern Railroad Tracks, and the fiscal beahh of the Village of Hinsdale. The benefits that additional credit institutions, especially free-standing bank branches: would provide to other businesses within the downtown; to Hinsdale shoppers and to the public treasury of the Village PLANNING RES01T14cFS INC, GRYJE'N GRUL-N + AssoCTATES 09/ 07/ 2007 09 : 55 6397997616 VILLAGE OF HI`SDALE PAGE 08/ 10 Village of llinsdala Moratorium Business Use Study page 8 of 10 would be less than alternative uses for available land and building space in the core Of the downtown. ,additional credit institutions, especially barLtC branches with drive-through facilities, would preclude alternative uses that could: be more responsive to demands or preferences of consumers better enhance the competitive position of the evolving downtown mixed-use specialty agglomeration generate greater Sales spillover to other businesses and therefore higher tax revenues to the Village .ECONOMIC JUMFICATION FOR ZONING Since its beginning, zoning has been identified -with the protection of neiglki'oorhoods and property values. From an economic perspective, municipalities appropriately use zoning to prevent a use of a property that would impose harmful decisions or acts by one property owner that adversely affects other property owners. The rationale for the use of zoning is that harmful externalities represent sources of negative economic effects not constrained by the functioning of a competitive market. Because the parties adversely affected are external to the harmful decision-making or act, market price signals do not serve to induce the agent or source of the externality to eliminate or reduce the amount of the externality imposed on others. Particularly under competitive market conditions; it is in the public interest to use zoning and other land use policies to preserve and enhance the competitive strength of viable specialty .retail agglomerations, whether in the downtown area or in other areas of the Village. TIIE CHALLENGE TO PRESERVE AND ENHANCE THE EVOLUTION OF THE DOWJVTOI%i7N INTO A MLYED- USE ,SI'F-CIALTYAGGLOMERATION Specialty mixed-use agglomerations, such as the core of downtown Binsdale, can entail relatively greater risk than more traditional neighborhood or community development products or shopping areas equivalent in size. This is because of the greater difficulty of creating and maintaining the right blend of an accessible and secure location, well-integrated parking with an appropriate; upscale tenant mix (emphasizing nonessential retail goods and services, recreation and entertainment uses) in a physical setting that itself serves as an attraction. Specialty agglomerations serve the upper-end consumer market. Such specialized niche agglomerations tend to require higher sales per square foot than neighborhood; community or regional retail centers. To achieve higher sales requires attracting consumers from a greater trade area than drawn by convenience or more commodity-type uses. The need to maintain the required unique market position, especially when market conditions are competitive, tend to niake specialty, retail agglomerations fragile. PLANNING RESOURCES T,IC. GRUEN GRuFN + ASSoCIAATFS 09/ 07/ 2007 09 : 55 6307897016 VILLAGE OF HINSDALE PAGE 09/ 10 Village of Hinsdale Moratorium business Use Study page 9of10 The particles of consumer attraction required far, the success of a specialty agglomeration can be tainted if, for example, any of the following occurs: r Added tenants or uses that do not compliment and reinforce each other or which are located in traditional shopping centers in the same market area Traffic congestion that makes it difficult to visit the destination Significant spatial or streetseape discontinuities that discourage walking and. browsing The interviews suggest that drive•through bank branch facilities tend to not induce as much multi- purpose shopping at other stores because a high proportion of banking customers go through the bank drive-througb and then on their way. The interviews also suggest that bank branches do not typically generate shopper visits from customers from outside Hinsdale. The volume of expansion of credit institutions, both inside and outside Hinsdale, tivill continue to reduce the size of the geographic area from which consumers will travel for banking services. The shrinking of the trade area served means that bank branches generate limited spillover to other businesses from customers originating from outside the community. The interviews also suggest that banks can preclude a more consumer-satisfying mix of businesses by outbidding altem- ative uses for property. Other users or developers of multi-tenant space that would generate more multi-,purpose trips and sales spillover to adjoining uses cannot afford to pay as much for land and obtain an acceptable return on investmentt as some banks have been willing to pav to obtain sites for bank branches- However, the interviews and site inspections suggest that in several cases, banks accepted relatively marginal locations and improved the properties witl credit institutions. One of the facilities includes office space and is located in a neighborhood shopping center that is not part of the specialty agglomeration that is forming south of the tracks. We base this Finding of a distinct submarket not only on the symbolic geoggrapltic divide associated with the railroad tracks, but because obtainable rents for space in properties north of the railroad tracks varies from rents for space in properties south of the tracks in the downtown core. In addition the intemews with merchants and real estate brokers suggest that space users considering locations within the core part of the downtown do not tend to also consider available space in properties north of the railroad tracks. Accordingly, the properties north o'Ethe railroad tracks represent a distinct submarket with a different locationai value and irnage from the core of the downtown south of the tracks. Therefore, it would not be necessary to adopt the same policies for these differing submarkets. Recommendatiams We recommend that the Village of Hinsdale direct zoning/land use policy to encourage the type of tenancies and market-responsive, architecturally integrated devolopment that adds to the competitive attractions of the evolving specialty agglomeration in the core of the downtown and in PLANNING REsoURCFSINC_. laRUBN GRURN + AssoGIAIE5 09/ 07/ 2007 09 : 55 6307397015 VILLAGE OF HINSDALE PAGE 10/ 10 village of Hinsdale Moratorium Business Lase Study Page 10 of 10 other neighborhood commercial areas. Nelx uses or activities should complement the existing uses and serve to: • Fneoura.ge multi-purpose trips • In.crease, the size of the trade area served • Augment the strength of the agglomeration's ability to penetrate into or capture dernands from that trade area not currently being served by existing retail/carramercial uses As indicated above, new uses should enhance the image of the downtown ar commercial node as a "user-friendly" place with a unique selection and mix of tenants. Therefore, zoning policy should discourage additional freestanding bank branches, particularly those with drive-tbrough facilities- Within the downtown commercial core, the presence of too many banks would break up the continuity of the storefront street frontage, create traffic cangestion and not contribute as rnuoh to the ambience, foot tsaffac and commercial vitality that could occur if space in the core of downtown was occupied by cther uses. It is recommended that: • No additional credit institutions in the B-2 Central Business District be allowed on the '.... ground floor of buildings. • Credit institutions in other Business and Commercial areas mnstbe integrated with other types of commercial development. • Lincoln/Cbicago area provides opportunity for credit institutions to develop as a part of an integrated site development plan . • Ogden Avenue sites should preclude development of stand-alone stroctures for occupancy by credit institutions. • Dyive-through facilities on new credit institutions should be discouraged through the special use process b)' developing specific design criteiaa relative to landscaping, circulation linkages, architecture, limited number of lanes and other standards. • Existing credit institution facilities should be allowed to continue in their present locations but with certain aesthetic, safety and user-friendly enhancements required should facility modifications or Ownership changes be proposed. These en;ante-rnews include landscaping, circulation linkages, architecture. limited number of la,•aes and other design standards. PLA.NNJNG REsou?,cFS INC. G.RLrEN C.RUEN + ASSOMTES Page 2 of 16 Y esdaW. --- N.E.2d ---- Page I --- N.E.2d ---, 2007 WL 1898567 (III.App. 2 Dist.) (Cite as: -- N.E.2d --) legal sufficiency of a complaint, asserting the Napleton v. Village of Hinsdale presence of defects on the face of the complaint. III.App. 2 Dist.,2007. S.H.A. 735 ILCS 5/2-615. Only the Westlaw citation is currently available. Appellate Court of Illinois,Second District. [2] Appeal and Error 30 x919 Katherine R. NAPLETON, as Trustee under the Katherine R. Napleton Revocable Self-Declaration 30 Appeal and Error of Trust Dated October 1, 1992, Plaintiff-Appellant, 30XVI Review V. 30XVI(G) Presumptions The VILLAGE OF HINSDALE, 30k915 Pleading Defendant-Appellee. 30k919 k. Striking Out or Dismissal. No. 2-06-0390. Most Cited Cases When reviewing the dismissal of a complaint on the June 16, 2007. pleadings, appellate court accepts as true all well-pleaded facts and all reasonable inferences that Background: Property owner filed complaint may be drawn from those facts. S.H.A. 735 ILCS seeking to invalidate certain amendments to 512-615. municipality's zoning code, which changed the permitted uses available to her property, and [3] Pretrial Procedure 307A x679 municipality moved to dismiss complaint. The Circuit Court, Du Page County, Kenneth L. Popejoy 307A Pretrial Procedure .1., granted municipality's motion. Owner appealed. 307AIII Dismissal 307AIH(B) Involuntary Dismissal 307AIII(B)6 Proceedings and Effect Holding: The Appellate Court, O'Malley, J., held 307Ak679 k. Construction of that zoning amendments, precluding banks and Pleadings. Most Cited Cases other financial institutions from operating in ground On motion to dismiss on the pleadings, courts floors of various buildings, and limiting size of construe the allegations in the complaint in the light drive-through operations, were valid. most favorable to the plaintiff. S.H.A. 735 ILCS 5/2-615. [4] Pleading 302 X8(1) Affirmed. 302 Pleading iI I Pretrial Procedure 307A X622 302I Fort and Allegations in General 302k8 Matters of Fact or Conclusions 307A Pretrial Procedure - 302k8(1) k. In General. Most Cited Cases 307AIII Dismissal Plaintiff is required to allege facts, and not simply 307AIII(B) Involuntary Dismissal conclusions, sufficient to bring its claim within a 307AIII(B)4 Pleading, Defects In, in legally recognized cause of action. S.H.A. 735 General ILCS 5/2-615. 307Ak622 k. Insufficiency in General. Most Cited Cases [5] Pretrial Procedure 307A X624 A motion to dismiss on the pleadings attacks the Q 2007 Thomson/West. No Claim to Orig. U.S. Govt Works. http://web 2.westlaw.com/print/printstream.aspx?sv--Split&prf1=HTMLE&fn=—top&mt--Ill... 8/27/2007 Page 3 of 16 -- N.E.2d ---- Page 2 --- N.E.2d ---, 2007 VJL 1898567 (III.App. 2 Dist.) (Cite as: — N.E.2d --) 307A Pretrial Procedure Cases 307AIU Dismissal If a plaintiff prevails in an as-applied challenge to a 307AIII(B) Involuntary Dismissal zoning ordinance, he may enjoin the enforcement, 307AIII(B)4 Pleading, Defects In, in against him alone, of the objectionable ordinance. General 307Ak623 Clear and Certain Nature of 191 Zoning and Planning 414 X21 Insufficiency 307Ak624 k. Availability of Relief 414 Zoning and Planning Under Any State of Facts Provable. Most Cited 41411 Validity of Zoning Regulations Cases 414H(A) In General A cause of action should not be dismissed on the 414k21 k. Validity of Regulations in pleadings unless it is clearly apparent that no set of General. Most Cited Cases facts can be proved that would entitle the plaintiff to In order to pursue a successful facial challenge to a relief. S.H.A. 735 ILCS 5/2-615. zoning ordinance, the plaintiff must establish that the ordinance is invalid under any set of facts. 161 Appeal and Error 30 X893(1) 1101 Zoning and Planning 414 a21 30 Appeal and Error 30XVI Review 414 Zoning and Planning 30XVI(F) Trial De Novo 414H Validity of Zoning Regulations 30k892 Trial De Novo 41411(A) In General 30k893 Cases Triable in Appellate 414k21 k. Validity of Regulations in Court General. Most Cited Cases 30k893(1) k. In General. Most Fact that a zoning ordinance might operate invalidly Cited Cases under some circumstances and validly under others Appellate court reviews de nova grant of motion to is insufficient to establish facial invalidity. dismiss on the pleadings. S.H.A. 735 ILCS 5/2-615. [171 Zoning and Planning 414 X21 171 Zoning and Planning 414 €�21 414 Zoning and Planning 414 Zoning and Planning 41411 Validity of Zoning Regulations 41411 Validity of Zoning Regulations 41411(A) In General 41411(A) In General 414k21 k. Validity of Regulations in 414k21 k. Validity of Regulations in General. Most Cited Cases General. Most Cited Cases If a plaintiff succeeds in the facial challenge to a An as-applied challenge represents a plaintiffs zoning ordinance, then the ordinance will be objection to how a particular zoning ordinance was invalidated in its entirety and in all applications. applied in the specific context in which the plaintiff found himself, while a facial challenge represents [121 Zoning and Planning 414 X21 the plaintiffs claim that a specific ordinance cannot be constitutionally applied in any context. 414 Zoning and Planning - 414H Validity of Zoning Regulations [81 Zoning and Planning 414 X568 414H(A) In General 414k21 k. Validity of Regulations in 414 Zoning and Planning General. Most Cited Cases 414X Judicial Review or Relief Test of a zoning ordinance's constitutionality 414X(A) In General depends upon the nature of the right that is alleged 414k563 Nature and Form of Remedy to be infringed. 414k568 k. Injunction. Most Cited © 2007 Thomson/West. No Claim to Orig. U.S. Govt: Works. littp://web2.westlaw.com/print/printstream.aspx?sv--Split&prft=HTNILE&fn= top&mt=Ill... 8/27/2007 Page 4 of 16 --- N.E.2d ---- Page 3 --- N.E 2d --, 2007 WL 1898567 (II1.App. 2 Dist.) (Cite as: -- N.E.2d ---) 1131 Zoning and Planning 414 C�21 [16] Constitutional Law 92 X1790 414 Zoning and Planning 92 Constitutional Law 41411 Validity of Zoning Regulations 92XVIE Freedom of Speech, Expression, and 41411(A) In General Press 414k21 k Validity of Regulations in 92XVIII(G) Property and Events General. Most Cited Cases 92XVIII(G)6 Zoning and Land Use If a zoning ordinance burdens a fundamental right 92k1790 k In General. Most Cited '... or involves a suspect classification, it will be Cases '...... subject to strict scrutiny. '... Constitutional Law 92 02970 '.. 1141 Constitutional Law 92 03062 92 Constitutional Law 92 Constitutional Law 92XXV Class Legislation; Discrimination and 92XXVI Equal Protection Classification in General 92XXVI(A) In General 92k2970 k In General. Most Cited Cases 92XXVI(A)6 Levels of Scrutiny 92k3059 Heightened Levels of Scrutiny Constitutional Law 92 X2974 92k3062 k Strict Scrutiny and Compelling Interest in General. Most Cited Cases 92 Constitutional Law 9230(V Class Legislation; Discrimination and Constitutional Law 92 03894 Classification in General '.. 92k2974 k Sex or Gender, Sexual 92 Constitutional Law Orientation. Most Cited Cases '.. 92XXVII Due Process Intermediate scrutiny applies to a zoning ordinance 92XXVII(B) Protections Provided and that is based on a gender or illegitimacy Deprivations Prohibited in General classification, or that causes certain incidental 92k3892 Substantive Due Process in burdens to speech. General 92k3894 k. Rights and Interests [171 Constitutional Law 92 01054 Protected; Fundamental Rights. Most Cited Cases Fundamental rights recognized for purposes of 92 Constitutional Law substantive due process and equal protection 92VII Constitutional Rights in General concerns are limited to those that lie of the heart of 92VII(A) In General the relationship between the individual and a 92k1054 k. Intermediate Scrutiny. Most republican form of nationally integrated Cited Cases government. U.S.C.A. Const.Amend. 14. Under intermediate scrutiny review, a challenged '.. regulation must be substantially related to an 1151 Constitutional Law 92 01053 important governmental interest. 92 Constitutional Law [18] Constitutional Law 92 x1055 92VII Constitutional Rights in General 92VII(A) In General 92 Constitutional Law 92k1053 k. Strict or Heightened Scrutiny; 92VII Constitutional Rights in General. Compelling Interest. Most Cited Cases 92VII(A) In General Under strict scrutiny review, the challenged 92k1055 k. Reasonableness or Rationality. regulation must be narrowly tailored to serve a Most Cited Cases compelling governmental interest, otherwise it will Under the rational basis test, the challenged be held invalid. regulation will be upheld if it bears a rational C 2007 Thomson/West. No Claim to Orig. U.S. Govt Works. littp://web2.westlaw.com/print/printstreain.aspx?sv--Split&prft=HTMLE&fn= top&mt=Ill... 8/27/2007 Page 5 of 16 --- N-E.2d --- Page 4 --- N.E.2d ---, 2007 WL 1898567 (III.App. 2 Dist.) (Cite as: -- N.E.2d —) relationship to a legitimate governmental purpose deference is owed. and is not arbitrary or unreasonable. [231 Zoning and Planning 414 X76 1191 Zoning and Planning 414 C�2I ' 414 Zoning and Planning 414 Zoning and Planning 41411 Validity of Zoning Regulations 41411 Validity of Zoning Regulations 4141](13) Regulations as to Particular Matters '.. 414I1(A) In General 41406 k Particular Uses. Most Cited 414k21 k Validity of Regulations in Cases General. Most Cited Cases Rational basis test, rather than heightened A facial challenge requires a plaintiff to prove the substantial relationship test, would be applied to '.. invalidity of the challenged zoning ordinance under property owner's facial challenge to validity of all circumstances; an as-applied challenge requires zoning amendments, which precluded banks and the plaintiff to prove the invalidity of the challenged other financial institutions from operating in ground ordinance as it relates to the plaintiffs particular floors of various buildings, and limited size of circumstances. drive-through operations. 1201 Municipal Corporations 268 C=595 [241 Zoning and Planning 414 C=�76 268 Municipal Corporations 414 Zoning and Planning 268X Police Power and Regulations 41411 Validity of Zoning Regulations 268X(A) Delegation, Extent, and Exercise of 41411(B) Regulations as to Particular Matters Power 41406 k Particular Uses. Most Cited 268k595 k. Public Safety and Welfare. Cases Most Cited Cases Amendments to municipality's zoning code, A municipality may utilize its police power to precluding banks and other financial institutions promote and regulate the public welfare. from operating in ground floors of . various buildings, and limiting size of drive-through 1211 Zoning and Planning 414 021.5 operations, were reasonably related to legitimate governmental interest and their implementation was 414 Zoning and Planning reasonable method to achieve their purpose, and 414U Validity of Zoning Regulations thus, amendments were valid; municipality's 414I1(A) In General conclusion that allowing 414k21 .5 k. Reasonableness in General. non-tax-revenue-generating businesses to move into Most Cited Cases business districts eroded its tax base was not Where there is room for a difference of opinion arbitrary or capricious, municipality's interest in concerning the reasonableness of a zoning protecting its tax and financial bases was reasonably ordinance, the determination of the legislative body related to final form of amendments, and method of the municipality is conclusive. chosen was reasonable method to achieve municipality's goal. 1221 Constitutional Law 92 Ca1055 [251 Zoning and Planning 414 C=21 92 Constitutional Law 92 VII Constitutional Rights in General 414 Zoning and Planning 92VII(A) In General 41411 Validity of Zoning Regulations 92k1055 k. Reasonableness or Rationality. 41411(A) In General Most Cited Cases 414k21 k. Validity of Regulations in Rational basis scrutiny will be applied to challenges General. Most Cited Cases to legislative enactments to which extreme An as-applied challenge to a zoning ordinance is C 2007 Thomson/West, No Claim to Orig. U.S. Govt Works. http://web2.westlaw.com/print/printstream.aspx?sv=Split&prft-HTMLE&fn= topRmit=Ill. .. 8/27/2007 Page 6 of 16 --- N.E.2d --- Page 5 --- N.E.2d ----, 2007 WL 1898567 (III.APp 2 Dist.) (Cite as: --- N.E.2d --) specific to the circumstances of the subject Central Business District zoning classification "is property, while the facial challenge attempts to intended to serve the entire Hinsdale suburban demonstrate the invalidity of the ordinance under community with a wide variety of retail and service any set of circumstances. uses. It is intended to serve as the primary shopping area of the Village." Hinsdale Zoning Code § 5-101 (2007). The "B-3 General Business District" Appeal from the Circuit Court of Du Page County. zoning classification "is intended to serve the No. 05-CH-1058, Kenneth L. Popejoy, Judge, Hinsdale suburban community with a full range of Presiding. locally oriented business uses commonly located Justice O'MALLEY delivered the opinion of the along established traffic routes." Hinsdale Zoning court: Code § 5-101 (2007). *1 Plaintiff, Katherine R. Napleton, appeals the judgment of the circuit court of Du Page County, Before the passage of the amendments to the zoning dismissing her first amended verified complaint code of which plaintiff complains, the zoning code (complaint) pursuant to section 2-615 of the Code allowed depository and nondepository credit of Civil Procedure (Code) ( 735 ILCS 5/2-615 institutions to be permitted uses in properties under (West 2004)). In her complaint, plaintiff sought to the B-I and B-3 zoning classifications. The zoning invalidate certain amendments to the zoning code of code, however, did not allow depository and defendant, the Village of Hinsdale, which changed nondepository credit institutions to be permitted the permitted uses available to her property. The uses on the ground floors of properties under the trial court dismissed plaintiffs complaint by B-2 zoning classification. !. applying a rational basis test to determine the validity of the amendments to defendant's zoning The area in which the subject property is located code. On appeal, plaintiff contends that the trial (on Ogden Avenue between York and County Line court erred because it did not consider the Roads) is commonly known as the Ogden/York amendments to defendant's zoning code under a Corridor. Properties located in the Ogden/York substantial relationship test. We affirm. Corridor are mainly zoned B-3. By contrast, properties primarily zoned B-1 and B-2 are located We summarize the pertinent allegations from in the "downtown commercial core" area of plaintiffs complaint. Plaintiff owns a group of Hinsdale and not in the Ogden/York Corridor. contiguous parcels on Ogden Avenue in the Village of Hinsdale (the subject property). The subject *2 In March 2004, the Hinsdale Board of Trustees property is improved with a structure that is instituted a temporary moratorium related to beauty currently leased to General Motors, which uses the salons and financial institutions in the B-1 and the subject property as a training facility. The subject B-3 zoning districts, because the board was property is zoned B-3 under defendant's zoning concerned with whether the businesses in the code. Village's business districts struck an appropriate '.. balance between businesses that provide sales tax '.. Defendant's zoning code provides for three business revenue and businesses that do not. The board of '.. zoning districts, B-1, B-2, and B-3. Section 5-101 trustees instituted the moratorium even though the of the Hinsdale zoning code provides that the "B-1 Hinsdale Plan Commission unanimously had voted Community Business District" zoning classification against it. The effect of the temporary moratorium "is intended to serve the every day shopping needs was to prevent beauty salons and financial of Village residents as well as to provide institutions from being located on the ground floors opportunities for specialty shops attractive to [the] of properties located in the B- I and B-3 zoning wider suburban residential community around the districts. Village. It permits uses that are necessary to satisfy most basic, frequently occurring shopping needs." While the temporary moratorium was in effect, Hinsdale Zoning Code § 5-101 (2007). The "B-2 defendant retained Gruen Gruen + Associates V 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. http://web2.westl aw.com/print/printstream.aspx?sv=Split&prft=HTMLE&fi= top&mt=I11... 8/27/2007 Page 7 of 16 --- N.E.2d --- Page 6 --- N.E.2d --, 2007 WL 1898567 (III.App. 2 Dist.) (Cite as: — N.E.2d ---) (GGA) to conduct a study including, among other properties located in the B-1 and B-3 zoning things, the impact of beauty salons and financial districts from having financial institutions located institutions on taxable retail sales in the B-1 and on the ground floors. Plaintiff alleged that this B-3 zoning districts. GGA's study reported that would prevent her from ever being able to sell or beauty salons and barber shop businesses did not lease the subject property to a financial institution. have a negative impact on the business districts Plaintiff further alleged that the amendments caused within the Village. The GGA study also noted that seven structures containing financial institutions in additional credit institutions would likely impose an the B-1 and B-3 zoning districts to become opportunity cost in the core part of downtown nonconforming. Hinsdale (which was zoned primarily B-1 and B-2). The study made no similar finding for the *3 Following the amendment to defendant's zoning Ogden/York Corridor, where the subject property is code, on July 28, 2005, plaintiff filed a complaint located. challenging the validity of the amendments as applied to the subject property. Pursuant to section GGA recommended that the Village allow no 2-615 of the Code, defendant filed a motion to additional credit institutions to be located on the dismiss plaintiffs complaint. Plaintiff withdrew her ground floors of properties in the "B-2 Central complaint and, subsequently, filed the first amended Business District" zoning districts. GGA did not complaint, challenging the validity of the make that same recommendation for properties in amendments on their face. the B-1 and B-3 zoning districts. Defendant, pursuant to section 2-615 of the Code, On January 18, 2005, defendant passed moved to dismiss the fast amended complaint. On amendments to the Hinsdale Zoning Code that were February 15, 2006, the trial court granted the designed to maintain an appropriate mix of motion without prejudice. Plaintiff elected to stand sales-tax-revenue-generating and on her pleading and, on March 13 , 2006, obtained a non-sales-tax-revenue-generating business uses in final order of dismissal of her complaint. From this '.. the Village and effectively made permanent the final order, plaintiff timely appeals. '.. March 2004 temporary moratorium regarding depository and nondepository credit institutions. [1][2][3][4][5][6] On appeal, plaintiff contends that Specifically, defendant amended its zoning code to the trial court erred in dismissing her complaint remove depository and nondepository credit pursuant to defendant's section 2-615 motion to institutions as permitted uses in the B-1 and B-3 dismiss. A section 2-615 motion to dismiss attacks zoning districts. Hinsdale Zoning Code § 5-102D the legal sufficiency of a complaint, asserting the (amended January 18, 2005). Instead, depository presence of defects on the face of the complaint and nondepository credit institutions were made Marshall v. Burger King Corp., 222 I11.2d 422, 429, special uses for the B-1 and B-3 zoning districts. 305 I11.Dec. 897, 856 N.E.2d 1048 (2006). When Hinsdale Zoning Code § 5-105B (amended January reviewing the dismissal of a complaint pursuant to 185 2005). Additionally, the zoning code was section 2-615, we accept as true the well-pleaded amended to prohibit any new depository or facts of the complaint along with all reasonable nondepository credit institution from being located inferences that may be drawn from those facts. on the first floor of any building in the B-1 or B-3 Marshall, 222 111.2d at 429, 305 III.Dec. 897, 856 zoning district. Hinsdale Zoning Code § 5-109G N.E.2d 1048. We also construe the allegations of (amended January 18, 2005). Further, depository the complaint in the light most favorable to the and nondepository credit institutions were limited to plaintiff. Marshall, 222 I11.2d at 429, 305 I11.Dec. two drive-through lanes. Hinsdale Zoning Code § 897, 856 N.E.2d 1048. The plaintiff is required to 5- 109H (amended January 18, 2005). allege facts, and not simply conclusions, sufficient to bring its claim within a legally recognized cause Plaintiff alleged that the result of the January 2005 of action. Marshall, 222 B1.2d at 429-30, 305 amendments was to effectively prevent all I11.Dec. 897, 856 N.E.2d 1048. In light of these © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. littp://web2.westl aw.com/print/printstreain.aspx?sv-Split&prfc--HTMLE&fn= top&mt--IU... 8/27/2007 Page 8 of 16 --- N.E.2d ---- Page 7 --- N.E.2d ----, 2007 WL 1898567 (III.App. 2 Dist.) (Cite as: -- N.E.2d —) principles, a cause of action should not be N.E.2d 466 (2005). There are three tiers of dismissed pursuant to a section 2-615 motion to constitutional scrutiny. If an ordinance burdens a dismiss unless it is clearly apparent that no set of fundamental right or involves a suspect facts can be proved that would entitle the plaintiff to classification, it will be subject to strict scrutiny. relief. Marshall, 222 I11.2d at 429, 305 II1.Dec. 897, People v. Botmff, 212 I11.2d 166, 176, 288 II1.Dec. 856 N.E.2d 1048. We review de novo the grant of a 105, 817 N.E.2d 463 (2004). The fundamental section 2-615 motion to dismiss. Marshall, 222 rights recognized for purposes of substantive due I11.2d at 429, 305 III.Dec. 897, 856 N.E.2d 1048. process and equal protection concerns are limited to "those that lie at the heart of the relationship [7][8][9][10][11] Plaintiff purports to state a facial between the individual and a republican form of '.. challenge to the validity of the amendments, rather nationally integrated government" People ex rel. '.. than a challenge to the validity of the amendments Tucker v. Kotsos, 68 I11.2d 88, 97, 11 II1.Dec. 295, as applied to her property. An as-applied challenge 368 N.E.2d 903 ( 1977). Fundamental rights include represents a plaintiffs objection to how a particular the expression of ideas (La., speech), participation ordinance was applied in the specific context in in the political process, interstate travel, and which the plaintiff found himself, while a facial intimate personal privacy interests. Kotsos, 68 I11.2d challenge represents the plaintiffs claim that a at 97, 11 II1.Dec. 295, 368 N.E.2d 903. Under strict specific ordinance cannot be constitutionally scrutiny review, the challenged regulation must be applied in any context. Lamar Whiteco Outdoor narrowly tailored to serve a compelling Corp. v. City of West Chicago, 355 II1.App.3d 352, governmental interest, otherwise it will be held 365, 291 Ill.Dec. 318, 823 N.E.2d 610 (2005). The invalid. Village of Lake Villa v. Stokovich, 211 distinction is important because the plaintiffs I11.2d 106, 122, 284 I11.Dec. 360, 810 N.E.2d 13 specific context, or the facts specifically applicable (2004). Intermediate scrutiny applies to an to the plaintiffs property, are relevant only in an ordinance that is based on a gender or illegitimacy '.. as-applied challenge. Lamar Whiteco, 355 classification (In re Detention of Samuelson, 189 I11 .App.3d at 365, 291 Il1.Dec. 318, 823 N.E.2d 610 Ill.2d 548, 561 -623 244 111.Dec. 929, 727 N.E.2d . Thus, if the plaintiff prevails in an as-applied 228 (2000)) or that causes certain incidental challenge, he may enjoin the enforcement, against burdens to speech (Desnick v. Department o/ him alone, of the objectionable ordinance. Lamar Professional Regulation, 171 I11.2d 510, 521 , 216 Whiteco, 355 I11.App.3d at 365, 291 II1.Dec. 318, I11.Dec, 789, 665 N.E.2d 1346 (1996)). Under 823 N.E.2d 610. By contrast, in order to pursue a intermediate scrutiny review, the regulation must be successful facial challenge, the plaintiff must substantially related to an important governmental establish that the ordinance is invalid under any set interest. See Department of Public Aid ex rel. Cox of facts. People r. Garvin, 219 ,111.2d 104, 117, 301 v. Miller, 146 Ill.2d 399, 408, 166 II1.Dec. 922, 586 II1.Dec. 423, 847 N.E.2d 82 (2006). The fact that - N.E.2d 1251 (1992), quoting Pickett v. Brown, 462 the ordinance might operate invalidly under some U.S. 11 81 103 S.Ct 2199, 2204, 76 L.Ed.2d 372, circumstances and validly under others is 379 (1983) (classification based on illegitimacy is '.. insufficient to establish facial invalidity. Hill v. unconstitutional unless it bears a substantial relation '.. Cowan, 202 111.2d 151, 157, 269 I11.Dec. 875, 781 to particular governmental interest). In all other N.E.2d 1065 (2002). If the plaintiff succeeds in the instances, the court will review the ordinance under facial challenge, then the ordinance will be highly deferential rational basis scrutiny. Botruff, invalidated in its entirety and in all applications. 212 I11.2d at 176-77, 288 M.Dec. 105, 817 N.E.2d Lamar Whileco, 355 III.App.3d at 365, 291 III.Dec. 463. Under the rational basis test, the challenged 318, 923 N.E.2d 610. regulation will be upheld if it bears a rational relationship to a legitimate governmental purpose *4 [ l2][ 13][14][l51[l61[ I71[l81 The test of an and is not arbitrary or unreasonable. Stokovich, 211 ordinance's constitutionality depends upon the 111.2d at 122, 284 III.Dec. 360, 810 N.E.2d 13. Our nature of the right that is alleged to be infringed. In first task here, then, is to determine the nature of the re D. W., 214 Ill.2d 289, 310, 292 III.Dec. 937, 827 right burdened by a municipality's zoning © 2007 Thomson/West. No Claim to Orig. U.S. Govi. Works. http:/iweb2.westlaw.comJ print/printstream.aspx?sv=Split&prft=HTMLE&fn=_top&mt=I11... 8/27/2007 Page 9of16 --- N.E.2d ---- Page 8 --- N.E2d ---, 2007 WL 1898567 (II1.App. 2 Dist.) (Cite as: -- N.E.2d ----) ordinance, in order to determine the level of prove the invalidity of the challenged ordinance constitutional scrutiny to apply in evaluating the under all circumstances; an as-applied challenge constitutionality of the zoning amendments. requires the plaintiff to prove the invalidity of the '.. challenged ordinance as it relates to the plaintiffs Plaintiff suggests that intermediate scrutiny is particular circumstances. Lamar Whiteco, 355 appropriate to review the challenged zoning I11.App.3d at 365, 291 Ill.Dec. 318, 823 N.E2d 610 amendments. Plaintiff argues that, because a zoning . The nature of the challenge does not-indeed, it ordinance affects private property, which involves cannot-affect the right at issue. See People ex rel. both liberty and property rights, it should be Foreman v. Soujourners Motorcycle Club, Ltd., 134 reviewed under a heightened level of scrutiny. Ill.App.3d 4482 453-54, 89 I11.Dec. 358, 480 N.E.2d Plaintiff relies on Hanna v. City of Chicago, 331 840 (1985) (zoning ordinance alleged to infringe on I11.App.3d 295, 264 I11.Dec. 609, 771 N.E.2d 13 first amendment right of peaceable assembly (2002), which conducted an analysis of a facial considered under strict scrutiny standard of whether challenge to a zoning ordinance. In Hanna, the challenged ordinance is narrowly drawn and court used the "substantial relationship test" to advances a substantial governmental interest). As determine whether the zoning regulation at issue noted above, our analysis must begin, therefore, there bore a substantial relationship to the public with a determination of the nature of the right at health, safety, and welfare, or whether the ordinance issue here. . was arbitrary, irrational, and capricious. Hanna, 331 I11.App3d at 306, 264 nl.Dec. 609, 771 N.E.2d [20][21][22] We begin by noting that a municipality 13. To support the application of intermediate may utilize its police power to promote and regulate scrutiny, plaintiff also cites Stokovich, 211 I11.2d at the public welfare. Village of Glenview v. Ramaker. 123-24, 284 Ill.Dec. 360, 810 N.E.2d 13, which 282 I11.App3d 368, 371, 217 I11.Dec. 921, 668 stated that Hanna held that the "more stringent ` N.E.2d 106 (1996). Zoning is such an exercise of a substantial relationship' test" applied to a facial municipality's police power and is targeted at the challenge to an ordinance, instead of the rational public welfare. City of Galena v. Dunn, 222 basis test. From this statement, plaintiff concludes Il1.App.3d 112, 12% 164 Ill.Dec. 700, 583 N.E.2d that the supreme court accepted both that the 616 (1991), quoting S. Connor, Zoning, in Illinois substantial relationship test applies to a facial Municipal Law, § 10.2 (111. Inst. for Cont. Legal challenge to a zoning regulation and that it Educ.1987) ("[z]oning has been defined as `an provides, in fact, intermediate-level scrutiny for exercise of the police power that governs where and important, but not fundamental, rights. Defendant, how land may be used and developed' "). Further, by contrast, contends that the trial court properly zoning has been immemorially held to be a employed the rational basis test in resolving legislative function - exercised by a municipality. plaintiffs facial challenge to the zoning Village of Euclid v. Amber Realty Co., 272 U.S. amendments and points to Thornber v. Village of 365, 388, 47 S.Ct. 114, 118, 71 L.Ed. 303, 311 North Barrington, 321 I11.App.3d 318, 325, 254 (1926); La Salle National Bank v. City of Evanston, Ill-Dec. 473, 747 N.E.2d 513 (2001). 57 111.2d 415, 428, 312 N.E.2d 625 (1974); Lapp v. Village of Winnetka, 359 I11.App.3d 152, 170, 295 *5 [191 Our review of the parties' claims is I11.Dec. 777, 833 N.E.2d 983 (2005). Additionally, hampered by their failure to consider the nature of it is similarly well established that, where there is the right at issue, and thus, to determine the level of room for a difference of opinion concerning the scrutiny required to review the amendments to the reasonableness of a zoning ordinance, the zoning ordinance at issue. Instead, the parties determination of the legislative body of the appear to argue that the level of scrutiny is municipality is conclusive. La Salle National Bank, dependent upon the nature of the challenge: 57 I11.2d at 428, 312 N.E.2d 625; Lapp, 359 as-applied or facial. We disagree. The nature of the Ill.App.3d at 170, 295 Ill.Dec. 777, 833 N.E.2d 983 challenge determines the evidence needed to sustain . In other words, rational basis scrutiny will be the claim. A facial challenge requires a plaintiff to applied to challenges to legislative enactments to ® 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. littp://web2.westlaw.com/print/printstream.aspx?sv=Split&prft=HTMLE&fn= top&mt=Ill... 8/27/2007 Page 10 of 16 --- N.E.2d ---- Page 9 --- N.E.2d ----, 2007 WL 1898567 (Ill.App. 2 Dist.) (Cite as: -- N.E.2d ---) which extreme deference is owed. People ex rel property ownership, evidenced in cases like Skinner v. Hellmuth, Obata & Kassabaum, Inc., Northern Trust Co. v. City of Chicago, 4 I11.2d 432, 135 III.App.3d 765, 769, 90 Il1.Dec. 448, 482 4377 123 N.E.2d 330 (1954) (a property owner has N.E.2d 155 (1985), rev'd on other grounds, 114 the right to use his property as he sees fit subject 111.2d 252, 102 III.Dec. 412, 500 N.E.2d 34 (1986). only to such regulation as is necessary to secure the Zoning enactments (at least those that do not common welfare; this constitutes "both a liberty and infringe fundamental rights or engage in a property right"), and Cosmopolitan National Bank discrimination based on race or national origin) are of Chicago v. City of Chicago, 27 I11.2d 578, 584, precisely the type of legislative enactments to which 190 N.E.2d 352 (1963) (it is a "well-established this level of deference is owed; therefore, when a principle" that a real property purchaser has a right zoning ordinance (not affecting a fundamental right) to rely upon the zoning classification of the is subjected to a facial challenge to its validity, it property that existed at the time of purchase; zoning should be scrutinized under the rational basis level will not be changed unless "the change is required of scrutiny. for the public good"), the proper measure of the validity of a zoning ordinance was "whether the *6 [23] Plaintiff maintains that a facial challenge to legislation bears a substantial relationship to the a zoning ordinance is subjected to a higher level of public health, safety and welfare or whether it is scrutiny, namely, intermediate scrutiny, and that this arbitrary, irrational and capricious." Hanna, 331 is embodied in the holding in Hanna. In Hanna, the DI.App.3d at 305-06, 264 III.Dec. 609, 771 N.E.2d plaintiff owned a 5-story, 26-unit brick building in 13. In order to effect the substantial relationship Chicago. Hanna, 331 I11.App.3d at 299, 264 standard of scrutiny applicable to a facial challenge, Il1.Dec. 609, 771 N.E.2d 13. The city enacted an the appellate court held that the court passing upon ordinance that imposed height restrictions, the validity of the ordinance must consider the increased square footage requirements, and lowered factors first articulated in La Salle National Bank of the density for new construction in the area in which Chicago v. County• of Cook, 12 Ill.2d 40, 46-47, the plaintiffs property was located. Hanna, 331 145 N.E.2d 65 (1957), including: III.App.3d at 299, 264 Ill.Dec. 609, 771 N.E.2d 13. "(1) the existing uses and zoning of nearby The plaintiff complained that, as a result of the property; (2) the extent to which property values are ordinance, if his building were to be destroyed, diminished by the particular zoning restrictions; (3) upon replacement it could not be used as a the extent to which the destruction of property multifamily dwelling and that as it currently stood, values of the plaintiff promotes the health, safety, his property had been rendered a nonconforming morals or general welfare of the public; (4) the use. Hanna, 331 Il1.App.3d at 299, 264 I11.Dec. relative gain to the public as compared to the 609, 771 N.E.2d 13. The plaintiff further contended hardship imposed upon the individual property that the ordinance deprived him of the highest and owner, (5) the suitability of the subject property for best use of his property and diminished the value of the zoned purposes; and (6) the length of time the his property. Hanna, 331 I1I.App.3d at 299-300, property has been vacant as zoned considered in the 264 III.Dec. 609, 771 N.E.2d 13. context of land development in the area in the vicinity of the subject property." Hanna, 331 The plaintiff filed a complaint, making a facial 111,App.3d at 306, 264 lll.Dec. 609, 771 N.E.2d 13. challenge to the validity of the ordinance. Hanna, 331 I1l.App.3d at 301 , 264 II1.Dec. 609, 771 N.E.2d *7 (We note that in Sinclair Pipe Line Co. v. 11 In resolving the city's motion to dismiss, the Village of Richton Park, 19 I11.2d 370, 378, 167 trial court held, among other things, that a N.E2d 406 (1960), the court identified additional reasonable relationship existed between the factors to consider along with the LaSalle factors, ordinance and a legitimate governmental interest. including (7) whether there exists a comprehensive Hanna, 331 I11.App.3d at 302, 264 I11.Dec. 609, zoning plan; (8) whether the challenged ordinance 771 N.E.2d 13. The appellate court reversed. It held is in harmony with the comprehensive zoning plan that, because of the importance of the rights of (if it exists); and (9) whether the community needs © 2007 Thomson/West. No Claim to Orig. U.S. Govi..Works. http://web2.westl aw.com/print/printstream.aspx?sv=Split&prft=HTMLE&fn= top&mt=Ill... 8/27/2007 Page 11 of 16 --- N.E.2d ---- Page 10 --- N.E.2d ----, 2007 WL 1898567 (III.App. 2 Dist.) (Cite as: --- N.E.2d --) the use. We will refer to all of these factors as order to preserve the possibility that a zoning LaSalle factors, notwithstanding the ordinance may be generally valid even as it is supplementation provided by Sinclair. ) Plaintiff arbitrary and irrational in its application to a thus urges that this court explicitly adopt the particular piece of property, there must be differing substantial relationship level of scrutiny along with requirements of proof for a facial challenge and an the use of the La Salle factors as embodied in the as-applied challenge. Thus, the La Salle factors, holding in Hanna in resolving her facial challenge contrary to plaintiffs argument, do not implicate the to the validity of the amendments to defendant's level of scrutiny but, rather, the evidence needed to zoning code. We decline to do so. sustain the claim of invalidity. See Lamar Whiteco, 355 IlI.App.3d at 365, 291 Il1.Dec. 318, 823 N.E.2d We note, initially, that plaintiff is correct in 610 (explaining the differing evidentiary burdens observing that Hanna employed the La Salle factors applicable to facial and as-applied challenges). in resolving a facial challenge to the validity of a zoning ordinance. We also note that Hanna is not *8 Additionally, the substantial relationship test readily factually distinguishable from this case. appears to be an historical formulation that has been Nevertheless, we adhere to the rational basis review consistently retained even though, at the time it was described above, for the following reasons. originally enunciated, the concept of intermediate scrutiny had not yet arisen. Plaintiff notes that the In the first place, the development of the La Salle substantial relationship formulation used in zoning factors and the substantial relationship test arose in cases can be traced back at least to Euclid, 272 U.S. the context of as-applied challenges to the validity at 395, 47 S.Ct. at 121, 71 L.Ed. at 314. In Euclid, of zoning ordinances, and not facial challenges. The the Supreme Court was confronted with an distinction between a facial challenge and an as-applied challenge to a village's zoning scheme. as-applied challenge is important in the zoning Euclid, 272 U.S. at 3845 47 S.Ct. at 1175 71 L.Ed. at context, as a zoning ordinance may be valid in its 309. In holding that the village's zoning ordinance general aspects but may be invalid as to a particular was valid, the Court held that, in order to establish piece of property because the balance of hardships unconstitutionality, the challenger would have to (the gain to the public in general " versus the show that the ordinance was `clearly arbitrary and detriment to the individual owner) overwhelmingly unreasonable, having no substantial relation to the burdens the individual owner. Northern Trust Co., 4 public health, safety, morals, or general welfare." I11.2d at 438, 123 N.E.2d 330. To account for this Euclid, 272 U.S. at 395, 47 S.Ct. at 121, 71 L.Ed. at possibility, the La Salle factors were developed as a 314. way to explicitly balance the gain to the public against the burden on the individual property Euclid and its "substantial relation" formulation owner. See La Salle, 12 I11.2d at 46-47, 145 N.E.2d quickly was adopted into the Illinois legal lexicon. 65. The difference between a facial challenge and FNt In Minkus Y. Pond, 326 Ill. 467, 4805 158 N.E. an as-applied challenge to a zoning ordinance also 121 (1927), the court upheld a zoning ordinance (as implies that different evidentiary standards will applied) under Euclid's substantial relationship test. govern the review. This, then, accounts for the Shortly before Minkus, the supreme court, while differing focuses of facial (a universal validity or citing Euclid, nevertheless considered the validity invalidity) and as-applied (the balance between of a zoning ordinance under a rational basis test. public good and individual detriment) challenges. In Village of Western Springs v. Bernhagen, 326 I11. other words, if the same evidentiary standard were 1005 103, 156 N.E. 753 (1927) ("When the used in each type of challenge, then there would be reasonableness of the [zoning] ordinance is no difference between a facial challenge and an challenged the question for the court is not whether as-applied challenge. In turn, this would mean that a it thinks the ordinance wise, but whether the zoning ordinance could never be generally valid but ordinance has a rational relation to the public invalid as to a particular piece of property; instead it health, morals, safety or general welfare"). The " would be either valid as to all or invalid as to all. In substantial relation" formulation has persisted in © 2007 Thomson/West. No Claim to Orig. U.S. Govt. .Works. http://web2.westlaw.com/print/printstream.aspx?svw Split&prft=HTMLE&fn= top&mt=Ill... 8/27/2007 Page 12 of 16 --- N.E.2d ---- Page 1I --- N.E.2d ----, 2007 WL 1898567 (I11.App. 2 Dist.) (Cite as: -- N.E.2d --) Illinois law. See, e.g., La Salle, 12 111.2d at 46, 145 intermediate scrutiny imparted a different meaning N.E.2d 65 ("if the restrictions [of the zoning to "substantially related" and turned the phrase into ordinance] imposed bear no real and substantial a term of art. Because Euclid and the Illinois cases relation to the public health, safety, morals,- comfort adopting the Euclid formulation of "substantial and general welfare, the ordinance is void"); Hanna, relation" predated the inception of the term of art 331 I11.App.3d at 306, 264 Il1.Dec. 609, 771 signifying intermediate scrutiny, it would be N.E.2d 13 ("the applicable level of scrutiny [for a erroneous to consider those cases to advocate challenge to the constitutionality of a zoning intermediate scrutiny for zoning ordinances as that ordinance] is whether the legislation bears a concept has since developed. substantial relationship to the public health, safety and welfare or whether it is arbitrary, irrational and *9 This is seen, too, by examining the capricious"). underpinnings of Euclid and the various Illinois cases adopting it. Euclid relied extensively upon Over time, "substantial relation" has evolved into a City of Aurora v. Burns, 319 Ill. 84, 149 N.E. 784 term of art signifying intermediate scrutiny. (1925), in reaching its substantial relation holding. Nevertheless, "substantial relation" has See Euclid, 272 U.S. at 390-93, 47 S.Ct. at 119-20, umeflectingly persisted in Illinois law, in spite of its 71 L.Ed. at 311-13. Burns, however, held that the evolution into a term of art that should have zoning ordinance at issue there was subject to prompted a reevaluation of the meaning of the rational basis scrutiny, requiring the ordinance to phrase in relation to the level of scrutiny to employ bear a reasonable relationship to the purposes for in determining the constitutional validity of a which the ordinance was enacted. Burns, 319 I11, at challenged zoning ordinance. 93, 149 N.E. 784. Bernhagen, which adopted Euclid, nevertheless held that the zoning ordinance '.. In 1976, in Craig v. Boren, 429 U.S. 190, 97 S.Ct. (as applied to the property at issue) was subject to 451 , 50 L.Ed.2d 397 (1976), the Supreme Court rational basis review, stating that the test was " explicitly adopted an intermediate level of scrutiny whether the [zoning] ordinance has a rational for gender classifications. In Craig, the Supreme relation to the public health, morals, safety or Court held that, under intermediate scrutiny, a general welfare." Bernhagen, 326 Ill. at 103, 156 gender classification will withstand a constitutional N.E. 753. Two months later, in Minkus, the court challenge if it serves an important governmental cited both Burns and Euclid and held,- "We are objective and is substantially related to the unable to say that the ordinance as it affects the achievement of that purpose. Craig, 429 U.S. at property involved herein discloses an unreasonable _ 197, 97 S.Ct. at 457, 50 L.Ed.2d at 407. Likewise, or arbitrary conclusion and exercise of power on the in 1988, the Supreme Court explicitly extended the part of the zoning authorities and that it has no coverage of intermediate scrutiny to classifications substantial relation to the public health, safety, based on illegitimacy. See Clark v. Jeter, 486 U.S. morals or general welfare." Minkus, 326 I11. at 480, 456, 461 , 108 S.Ct. 191% 1914, 100 L.Ed.2d 465, 158 N.E. 121. This examination of the 472 (1988) ("[t]o withstand intermediate scrutiny, a underpinnings and initial development of the " statutory classification must be substantially related substantial relation" language suggests that, at first, '.. to an important governmental objective"). it was no more than an alternate statement of the Intermediate scrutiny has also been applied where rational basis test, explicitly tailored to cover the governmental actions burden a party's first interests advanced by a zoning ordinance, namely, amendment rights. See City of Los Angeles v. the promotion of the public health, morals, or safety Alameda Books, Inc., 535 U.S. 425, 122 S.Ct. 1728, or general welfare. As we have noted, these 152 L.Ed.2d 670 (2002) (validity of zoning preliminary cases involved as-applied challenges to provision directed at reducing crime accruing to zoning ordinances. Over time, the analysis of an adult entertainment establishments and incidentally as-applied challenge to a zoning ordinance limiting dissemination of adult expression developed into the La Salle factors to allow a more considered under intermediate scrutiny). The rise of explicit and painstaking balancing of the public O 2007 Thomson/West. No Claim to Orig. U.S. Gov1. .Works. http ://web2 .westlaw.com/print/printstream.aspx?sv--Split&prft=HTMLE&fn=_top&rut=Il1... 8/27/2007 Page 13 of 16 N.E.2d ---- Page 12 --- N.E.2d ----, 2007 WL 1898567 (I11.App. 2 Dist.) (Cite as: --- N.E.2d ----) good versus the individual harm. We therefore not claim that her fundamental rights have been conclude that, despite the retention of the infringed.FN2 Accordingly, plaintiffs challenge to longstanding "substantial relation" formulation in the constitutionality of the amendments to the context of constitutional challenges to zoning defendant's zoning code will be considered under ordinances, it does not signify a deliberately the rational basis level of scrutiny. See Ramaker, heightened scrutiny apart from the application of 282 II1.App.3d at 371-72, 217 II1.Dec. 921, 668 the La Salle factors in an as-applied challenge. N.E.2d 106 (ordinance prohibiting swine in village Indeed, the utilization of the La Salle factors in an limits upheld under rational basis scrutiny); People '.. as-applied challenge prevents the irrational, v. Avery, 277 I11.App.3d 824, 831 , 214 II1.Dec. 507, unreasonable, and arbitrary application of a zoning 661 N.E.2d 361 (1995) (statute prohibiting driving ordinance to a particular property-the flip side of under the influence of alcohol held to be a proper the rational basis test. See Village of Chatham v. exercise of police power under rational basis County of Sangamon, 351 I11.App.3d 889, 899, 286 scrutiny). To determine whether defendant's I11.Dec. 566, 814 N.E.2d 216 (2004), affd, 216 amendments to its zoning code pass constitutional 111.2d 402, 297 I11.Dec. 249, 837 N.E.2d 29 (2005) muster on their face, then, requires them to be (where provision is subject to rational basis subjected to rational basis scrutiny. In tum, this scrutiny, the party challenging the provision must inquiry proceeds in the following stepwise fashion: demonstrate that it is arbitrary and unreasonable in we (1) identify the public interest the amendments order to prevail). We note that Hanna, 331 are concerned with; (2) examine whether they bear I11.App.3d at 306, 264 BI.Dec. 609, 771 N.E.2d 13 ( a reasonable relationship to the interest; and (3) "[Tlhe applicable level of scrutiny [for a challenge detemtine whether the method employed in the to the constitutionality of a zoning ordinance] is amendments to further or to protect the interest is '.. whether the legislation beats a substantial reasonable. Alamo Rent A Car, Inc. v. Ryan, 268 relationship to the public health, safety and welfare ll1.App.3d 268, 272, 205 III.Dec. 738, 643 N.E.2d or whether it is arbitrary, irrational and capricious" 1345 (1994). ), actually refers to both the substantial relation test and rational basis scrutiny, because the point of the [241 Defendant contends, and the record supports, latter part of the quoted passage is to make sure that that the public interest served by the zoning the zoning ordinance is rational. Thus, the " amendments was the protection of the public fist substantial relation" discussed in zoning challenges through maintaining a balance in the business is compatible with the traditional rational basis districts between businesses that generate sales tax scrutiny to which the local exercise of police power revenue and businesses that do not In undertaking has generally been subjected. We discern neither a this purpose, defendant conducted public meetings need nor a reason to disturb this deferential level of and hearings and procured expert studies of the scrutiny in a facial challenge to the municipality's issue.FN3 Based on all of its inquiries, defendant exercise of its police power. concluded that allowing banks and other non-tax-revenue-generating businesses to move into *10 In a last attempt to achieve heightened scrutiny, the business districts eroded the Village's tax base plaintiff alleges that the amendments to the zoning and imposed an opportunity cost upon the Village. ordinance infringe on her property rights to use her Based on our review of the record, we cannot say property in any manner she sees fit She is right, of that defendant's conclusion on this point was course, but the rights infringed do not belong to the arbitrary, irrational, capricious, or unsupported by category of fundamental rights, which we identified the evidence it had developed. Defendant's interest above and which include speech, participation in in protecting its tax and financial bases is the political process, interstate travel, and intimate reasonably related , to the final form of the personal privacy interests. Likewise, the rights amendments to the zoning ordinance. Moreover, the alleged to be infringed do not involve a suspect method chosen, precluding banks and other classification or implicate plaintiffs first financial institutions from operating in the ground amendment rights. We also note that plaintiff does floors of the various buildings, and limiting the size 0 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. http://web2.westlaw.com/print/printstream.aspx?sv=Split&prft=HTMLE&fit top&mt=I11... 8/27/2007 Page 14 of 16 --- N.E.2d ---- Page 13 --- N.E.2d ----, 2007 WL 1898567 (III.App. 2 Dist.) (Cite as: -- N.E.2d ----) of drive-through operations, is a reasonable method Plaintiff contends that, because of this, she deserves to achieve defendant's goal. We note that defendant to have her challenge reviewed under the purported did not preclude banks and financial institutions greater protection of the heightened scrutiny of the altogether, but only from the first floors of substantial relationship test. Plaintiff falls to cite structures in the affected zoning districts. Plaintiff any authority in support of her argument. does not indicate that it is wholly unfeasible to Accordingly, we deem it forfeited. 210 I11.2d R. locate a bank or financial institution on the second 341 (h)(7). or higher floors of the buildings in the affected zoning districts. Accordingly, we hold that Next, plaintiff raises a number of arguments defendant's zoning amendments at issue here satisfy challenging the analysis in Thomber and the trial the rational basis scrutiny of their court's reliance on that case resulting in its constitutionality-the zoning amendments are application of rational basis scrutiny to the reasonably related to a legitimate governmental challenged zoning amendments. Our analysis above interest and their implementation is a reasonable demonstrates that rational basis scrutiny is method to achieve their purpose. Further, for the appropriate for plaintiffs claims in this case. If the reasons stated above, we hold that the trial court trial court erroneously reasoned that result from appropriately reviewed the zoning amendments at Thor-nber, then any error in its reasoning is of no issue here for a rational relationship to a legitimate _moment; it is the trial court's judgment, and not its governmental purpose. Also, in spite of the factual reasoning, that is being appealed. Medical similarity, we decline to follow Hanna, because it is Alliances, LLC v. Health Care Service Corp., 371 - unnecessary and unwarranted to apply a M.App.3d 755, 759, 309 Ill.Dec. 272, 863 N.E.2d property-specific (and possibly heightened 1169 (2007). Additionally, imperfections in the constitutional scrutiny) balancing test to plaintiffs reasoning in Thornber and its applicability to the facial challenge to the validity of a zoning provision. - case at bar are likewise irrelevant in light of our analysis above. We need not address plaintiffs *11 We now address in turn plaintiffs specific Thornber-based arguments further. Relatedly, contentions on appeal. Initially, plaintiffs plaintiff urges that the trial court should have arguments are directed at determining the proper followed Hanna. As revealed above, we have found level of scrutiny to apply to a facial challenge to the Hanna to be unpersuasive and have declined to constitutionality of a zoning provision. As we have follow it We need not further address plaintiffs noted, this misstates the issue and the manner in arguments relating to Hanna. which the issue should be resolved. The issue is not what scrutiny is universally applicable to a facial - [251 Before addressing plaintiffs final argument, we challenge but, rather, what right is violated and note that defendant argues that there is a "critical what level of scrutiny pertains to the right that is distinction - between as-applied and facial violated_ As we have already explained our thinking constitutional challenges." Defendant is caught up in regard to this issue, we will not further address in the erroneous conception that the nature of the plaintiffs arguments that seek to establish that the challenge, and not the nature of the right infringed, nature of the challenge dictates the level of scrutiny. determines the level of scrutiny to apply. Nevertheless, defendant rightly notes that an Next, plaintiff notes that, generally, most plaintiffs - as-applied challenge is specific to the circumstances who challenge zoning ordinances do so by fast of the subject property, while the facial challenge attempting to secure a zoning change, being attempts to demonstrate the invalidity of the rejected by the local zoning authority, and then ordinance under any set of circumstances. Lamar attempting to have the ordinance declared Whiteco, 355 IlI.App.3d at 365, 291 III.Dec. 318, unconstitutional as applied to them. Plaintiff notes 823 N.E.2d 610. that she did not follow this general course, but that defendant amended its zoning ordinance and " *12 Plaintiff essentially concedes the truth of the foisted" it upon her "without valid justification." distinction in terms very like those employed by 0 2007 Thomson/West. No Claim to Ong. U.S. Govt Works. http://web2.Westlaw.com/print/printstream.aspx?sv--Split&prft--HTMLE&fn= top&mt--Ill... 8/27/2007 Page 15 of 16 --- N.E.2d ---- Page 14 --- N.E.2d ----, 2007 WL 1898567 (M.App. 2 Dist.) (Cite as: -- N.E.2d --) defendant. Plaintiff then, erroneously, argues that I11.Dec. - 641, 435 N.E.2d 130). Further, as Cosmopolitan and Harris Trust & Savings Bank v. Cosmopolitan explicitly demonstrates, the fact that Duggan, 105 I11.App.3d 839, 61 III.Dec. 641, 435 a plaintiff seeks to invalidate an ordinance in its N.E.2d 130 ( 1982), affd, 95 I11.2d 516, 70 EI.Dec, entirety (which triggers the exception to the 195, 449 N.E.2d 69 (1983), involved facial exhaustion of remedies) does not make it a facial '...... challenges to the validity of zoning ordinances. challenge to the validity of the ordinance-there are '.. Both cases analyzed zoning issues only as they other reasons to invalidate an ordinance that have '.. applied- to the subject properties therein. Duggan, nothing to do with the facial validity of the 95 111.2d at 531 -32, 70 Ill.Dec. 195, 449 N.E.2d 69; ordinance. Cosmopolitan, 27 I11.2d at 583, 190 Cosmopolitan, 27 111.2d at 584-855 190 N.E.2d 352; N.E.2d 352 (ordinance subjected to an as-applied Duggan. 105 Ill.App.3d at 850, 61 III.Dec. 641, challenge, but also invalidated in its entity due to 435 N.E.2d 130. This fact undercuts plaintiffs next procedural irregularities). Plaintiff s argument is contention, that the fact that they involved single unavailing. parcels could not transmute the challenges from facial to as-applied. Simply put, the zoning We also note that defendant argues that the challenges in those cases were as applied to the substantial relationship test proposed by plaintiff subject properties. Duggan, 95 I11.2d at 527, 70 would be virtually unworkable in the present III.Dec, 195, 449 N.E.2d 69 ("we therefore address context of reviewing the grant of a section 2-615 the issue of whether the down-zoning from R-8 to motion to dismiss. We agree that the La Salle R-5 was unconstitutional and void as applied to the factors would not easily lend themselves to property"); Cosmopolitan, 27 111.2d at 579, 190 consideration in a facial challenge to the validity of N.E.2d 352 (the defendant appealed from the order an ordinance, because they balance the action of a of the trial court finding that "the zoning generally valid ordinance with its specific effect on classification sought to be imposed by the a particular property. (Of course, a plaintiff in a amendatory ordinance was unconstitutional as facial challenge conceivably could include '.. applied to [the] plaintiffs' property"). Plaintiff, allegations encompassing each of the properties therefore, misconstrues Duggan and Cosmopolitan. affected by the challenged ordinance. Plaintiff here, however, did not attempt to do this, but made Further. the fact that both cases found that the allegations regarding how the challenged zoning exhaustion of administrative remedies did not apply amendments affected only her property.) We need does not render them facial challenges. Rather, the not consider the matter further, however, because exhaustion-of-administrative-remedies exception we have determined that the appropriate level of applies where the party challenging an ordinance scrutiny here is rational basis. seeks to invalidate it in its entirety. See Duggan, 105 I11.App.3d at 846, 61 III.Dec. 641, 435 N.E.2d *13 Turning to plaintiffs final issue, she contends 130 ("Although courts have generally required strict that the trial court erred in dismissing her complaint compliance with the exhaustion rule, an exception for failure to state a claim on which relief could be has been recognized where, as in the present case, granted. We disagree. We initially note that an ordinance is attacked as unconstitutional in its plaintiffs complaint contains conclusory allegations entirety")- In Cosmopolitan, there was no need to regarding: that the amendments were passed to exhaust the administrative remedies, because the satisfy the individual desires of a few people; that invalidity of the ordinance arose as a result of they bestow no benefit upon and are not improper procedures used in enacting it. substantially related to the public welfare; that there - Cosmopolitan, 27 I11.2d at 583, 190 N.E.2d 352. In was no community need for the amendments; and Duggan, the issue of exhaustion of remedies was that defendant took no or insufficient care in not raised before the supreme court (Duggan, 95 planning the amendments. We will not consider the 111.2d at 527-33, 70 I11.Dec. 195, 449 N.E.2d 69), conclusory allegations of plaintiffs complaint FN4 and the appellate court did not explain the issue or Having reviewed the well-pleaded allegations and how it arose (Duggan, 105 II1.App.M at 846, 61 the exhibits attached to the complaint, we find that © 2007 Thomson/West. No Claim to Orig. U.S. Govt. .Works. http ://web2.westlaw.com/print/printstream.aspx?sv=Split&prft=HTMLE&fn= top&mt=Ill... 8/27/2007 Page 16 of 16 --- N.E.2d ---- Page 15 --- N .E.2d ---, 2007 WL 1898567 (III.App. 2 Dist.) (Cite as: -- N.E.2d they reveal that defendant exercised its legislative institutions in the downtown areas. judgment only after months of gathering and developing information, holding meetings and FN4. We note that, given the conclusory public hearings, and receiving input from its Plan nature of many of the allegations that Commission.FN5 Based on this background, plaintiff contends satisfy the application of defendant reasonably concluded that the continuing the La Salle factors, we would still find vitality of its business districts required a balance plaintiffs complaint to be insufficient even between businesses that do and that do not generate if we were to review it under the sales taxes. Defendant concluded that this meant heightened scrutiny she proposes. precluding new banks and financial institutions - from locating in the ground floors of properties in FNS. The Plan Commission initially its business districts, because they impose an recommended against imposing the opportunity cost upon its financial and tax bases. temporary moratorium. Later, after full We hold that this conclusion is rationally related to review, the Plan Commission the legitimate purpose of protecting defendant's recommended that the amendments to the financial and tax bases. The amendments to the - zoning ordinance be adopted. zoning code, therefore, are not invalid. III.App. 2 Dist.,2007. Accordingly, we hold that plaintiff has failed to Napleton v. Village of Hinsdale state a claim on which relief can be granted and that -- N.E.2d ----, 2007 WL 1898567 (II1.App. 2 Dist.) the trial court properly dismissed her first amended _ verified complaint. END OF DOCUMENT For the foregoing reasons, we affirm the judgment of the circuit court of Du Page County. Affirmed. BYRNE and CALLUM, JJ., concur. FNI . We note that Euclid as well as the Illinois cases referencing it may not be the earliest cases to announce the "substantial relation" requirement. See, e.g., East Side _ Levee & Sanitary District v. East St. Louis & Carondelet Ry., 279 Ill. 123, 130, 116 N.E. 720 (1917), citing Minnesota v. Barber, 136 U.S. 3132 10 S.Ct. 862, 34 L.Ed. 455 (1890). FN2. As noted above, plaintiff contends that zoning provisions should be subject to intermediate scrutiny because a zoning provision implicates both liberty and - property rights. See Northern Trust Co., 4 I11.2d at 437, 123 N.E.2d 330. FN3. We acknowledge that defendant's expert, GGA, commented only on the _ effect of banks and other financial O 2007 Thomson/West. No Claim to Orig. U.S. Govt. 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Pen's Point Market 1600 E. Lincoln Hwy. Withdrawal Only 3 . Castle Bank DeKalb 100 Greenwood Acres Dr. 4 . University Plaza 900 Crane Dr. Withdrawal Only 5. 1007 N . First St. 6 . 1106 S . 4th Street Withdrawal Only 7. NIU Convocation Center 1525 W . Lincoln Hwy. Withdrawal Only 8 . Kishwaukee Hospital Rt23 and Bethany Rd. Withdrawal Only 9 . Sullivan's Foods 1401. S . 4th St. Withdrawal Only 10 . DeKalb City Hall 200 S . 4th St. Withdrawal Only HARVARD ATM LOCATIONS 1 . Castle Bank Harvard 1265 S . Division St. 2. Castle Bank Harvard 201 Diggins St. 3 . Harvard Mercy Hospital 901 Grant Withdrawal Only 4. 10113 Main Street — Hebron Subway Parking Lot Withdrawal Only OSWEGO ATM LOCATION 1 . Castle Bank Oswego 6601 Route 34 PLANO ATM LOCATION 1 . Castle Bank Plano — Ben Square Plaza (Rt. 34) Withdrawal Only SANDWICH ATM LOCATIONS 1 . Castle Bank Sandwich 100 W. Church St. 2. Art's Supermarket 29 N . Eddy Withdrawal Only 3 . Medicine Shoppe, Indian Springs Shopping Center Rt. 34 Withdrawal Only 4. Sandwich Fairgrounds 1401 Suydam Rd . Seasonal (May-Oct.) Withdrawal Only 5. Valley West Hospital 11 E . Pleasant St. Withdrawal Only SUGAR GROVE ATM LOCATION 1 . Castle Bank 36 E. Galena Blvd . SYCAMORE ATM LOCATION 1 . Castle Bank Sycamore 511 W. State St. YORKVILLE ATM LOCATIONS 1 . Castle Bank Yorkville 109 W . Veterans Parkway 2 . Rte 126 & Rte 47 There is no transaction service charge or surcharge for Castle Bank customers at the ATM locations listed. FDIC A transaction charge or surcharge may apply at other ATM locations not owned by Castle Bank. For questions on ATM transactions or to contact Castle Bank Customer service call 1-800-990-5713. LENDER CBRev.8-07-07 Castle Bank, N. A, Southern Region Loan Products 606 Countryside Center Yorkville, IL 60560 Affordable Housing Community Homebuyer Program - FNMA First Time Homebuyer Program from Illinois Housing Development Authority FHA Mortgages VA Mortgages Mobile Home Loans Farmers, Start-up and Small Businesses Illinois Farm Development Authority Guaranteed Loans Farm Services Agency Guaranty* SBA Loans SBA Low Doc Program Residential Loan Products New Home Construction Loans Conventional Mortgages ( 1 to 4 Family Owner Occupied) Emerging Markets Loan Program* Consumer Loan Products Automobile (New and Used) Bill Consolidation Bridge Loans Home Equity Line of Credit Home Equity Loan (Jr. Mortgage) Home Improvement (1 to 4 Family Owner Occupied Jr. Mortgage) Personal Loan Investment Purchase Vacant Lots Rental Equity Line of Credit Agricultural Loan Products Airplane Livestock Machinery Operations Farm Real Estate Other (Hedging Lines, Grain Bins, etc.) Page 2 Yorkville, IL Commercial Loans Airplane* Commercial/Industrial Real Estate Equipment Leases Machinery, Equipment & Working Capital Multi-Family Real Estate Construction and Land Development Residential 1 to 4 Family Non-Owner Occupied Residential 1 to 4 Family Non-Owner Occupied Line of Credit Letter of Credit *By Appointment Only Castle Bank N. A. Deposit Products and Services Personal Checking Accounts Checking Plus (overdraft protection) Savings and Money Market Accounts Christmas Club Accounts (available at all locations) Certificates of Deposit Individual Retirement Accounts ATM and Check Cards Business Checking Cash Management / ACH Services Pension & Retirement Planning Program for Businesses* Trust Services* Asset Management* Brokerage Services Available Through Raymond James Financial Services, Inc. * * 24 Hour Telephone Banking Internet Banking / Bill Pay Commercial Lockbox Services *Trust Offices are located at 121 W. Lincoln Highway, De Kalb, and 606 Countryside Center, Yorkville. Trust activity by appointment only at other locations. * * Brokerage services are only offered at 606 Countryside Center, Yorkville; 100 Church Street, Sandwich; 141 Lincoln Highway, De Kalb; 511 State Street, Sycamore and 201 Diggins, Harvard. LARGE BAN Comptroller of the Currency Administrator of National Banks Washington, DC 20219 Public Disclosure May 08, 2006 Community Reinvestment Act Performance Evaluation Castle Bank, National Association Charter Number: 14008 141 West Lincoln Highway DeKalb, IL 60115 Office of the Comptroller of the Currency Midsize Banks 440 South LaSalle Street 2700 Chicago, IL 60605 NOTE: This document is an evaluation of this institution's record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods, consistent with safe and sound operation of the institution. This evaluation is not, and should not be construed as, an assessment of the financial condition of this institution. The rating assigned to this institution does not represent an analysis, conclusion, or opinion of the federal financial supervisory agency concerning the safety and soundness of this financial institution. Charter Number: 0008 Overall CRA Rating Institution's CRA Rating: This institution is rated Outstanding. The following table indicates the performance level of Castle Bank, National Association with respect to the Lending, Investment, and Service Tests: Castle Bank, National Association Performance Tests Performance Levels Lending Test* Investment Test Service Test Outstanding X High Satisfactory X X Low Satisfactory Needs to Improve Substantial Noncompliance • The lending test is weighted more heavily than the investment and service tests when arriving at an overall rating. The major factors that support this rating include: • Lending activity reflects good responsiveness to credit needs in the bank's assessment area. • A majority of the bank's loans are made within its AA, demonstrating good responsiveness to area credit needs. • Geographic loan distributions are excellent for home mortgage loans and small loans to farms and good for small loans to businesses. • Borrower income distributions are excellent for home mortgage loans, small loans to businesses and small loans to farms. • Castle Bank's level of community development lending had a positive impact on the bank's Lending Test rating . The volume of qualified investments is good given the bank's capacity and the level of investment opportunities in the assessment area. • The bank's retail delivery systems are readily accessible to geographies and individuals of different income levels. • The bank provides a good level of community development services. 2 Charter Number: 14008 Full Review: Performance under the Lending, Investment, and Service Tests is analyzed considering performance context, quantitative factors (e.g. ,. geographic distribution, borrower , distribution, and total number and dollar amount of investments), and qualitative factors (e. g . , . innovativeness, complexity, and responsiveness). Geography: A census tract delineated by the United States Bureau of the Census in themost recent decennial census. Home Mortgage Disclosure Act (HMDA): The statute that requires certain mortgage lenders that do business or have banking offices in a metropolitan statistical area to file annual summary reports of their mortgag'e`londing activity. The reports include such data as the race, gender, and the income of applications, the amount of loan requested, and the disposition of the application (e.g. , approved , denied, and withdrawn). Beginning in 2004, the reports also include additional data on loan pricing, the lien status of the collateral, any requests for preapproval and loans for manufactured housing. Home Mortgage Loans : Such loans include home purchase, home improvement and refinancings, as defined in the HMDA regulation. These include loans for multifamily (five or more families) dwellings, manufactured housing and one-to-four family dwellings other than manufactured housing . Household : Includes all persons occupying a housing unit. Persons not living in households . are classified as living in group quarters. In 100 percent tabulations, the count of households always equals the count of occupied housing units. Limited Review: Performance under the Lending, Investment, and Service Tests is analyzed using only quantitative factors (e.g. , geographic distribution, borrower distribution, total number and dollar-amount of investments, and branch distribution). Low-Income: Individual income that is less than 50 percent of the area median income, or a median family income that is less than 50 percent, in the case of a geography. Market Share: The number of loans originated and purchased by the institution as a percentage of the aggregate number of loans originated and purchased by all reporting lenders in the MA/assessment area. Median Family Income (MFI): The median income determined by the U.S. Census Bureau. every ten years and used to determine the income level category of geographies. Also, the median income determined by the Department of Housing and Urban Development annually that is used to determine the income level category of individuals. For any given area, the median is the point at which half of the families have income above it and half below it. Metropolitan Area (MA): Any metropolitan statistical area or metropolitan division, as defined by the Office of Management and Budget and any other area designated as such by the appropriate federal financial supervisory agency. Metropolitan Division : As defined by Office of Management and Budget, a county or group of counties within a Metropolitan Statistical Area that contains a population of at least. 2.5 million . A Metropolitan Division consists of one or more counties that represent an 4 Charter Number: 14008 Tier One Capital : The total of common shareholders' equity, perpetual preferred shareholders' equity with non-cumulative dividends, retained earnings and minority interests. in ' the equity accounts of consolidated subsidiaries. Upper-Income: Individual income that is more than 120 percent of the area .median income, or a median family income that is more than 120 percent, in the .case of a geography. i 6 Charter Number: 14008 lending and was not considered meaningful. We also did not consider multi-family loans as the bank originated less than 1 percent of their reported originations as multi-family loans during the evaluation period . The evaluation period for the investment and service tests is January 14, 2003, through May 8, 2006. At the bank's request, we also considered the qualified investments of FNNI. Data Integrity Prior to conducting this evaluation , we tested the accuracy of Castle Bank's HMDA, small business and small farm loan data. We found the data to be accurate and used the data in the evaluation . We also reviewed community development loans, investments and services provided by Castle Bank management to ensure they met the regulatory definition of community development. The few that did not meet the definition were excluded from this evaluation. Selection of Areas for Full-Scope Review Castle Bank has one defined assessment area (AA). The bank's AA consists of 38 Census Tracts (CTs), 37 of which are located in the Chicago-Naperville-Joliet, Illinois Metropolitan Division. The AA consists of the entire counties of DeKalb and Kendall, and parts of Kane and McHenry counties. The remaining CT is located in LaSalle County, which is a non-MSA county located directly south of DeKalb County. The population of the non-MSA CT represents only 4.21 percent of the total AA population and is included in the bank's. defined AA as the bank's Sandwich branch location is located in DeKalb County, near the LaSalle County line, and does business in the non-MSA area. For additional information on the AA demographics, refer to the table in Appendix B. Ratings The bank's overall rating is based entirely on the bank's defined AA. The weighting we gave to each loan product in assigning the Lending Test rating is reflective of the relative volume of originations and purchases of that loan product over the evaluation period. Castle Bank's community development loans had a positive impact on the Lending Test rating. Other We made one community contact during the evaluation. We spoke to the Executive Director of a local organization whose mission is to provide housing and housing support for low- and moderate-income people. The contact indicated that the local economy was good and. that a variety of programs existed to assist low- and moderate-income people obtain housing. He also noted that the local financial institutions, including Castle Bank, were strong supporters of community development both financially and through volunteer members of various activities. Fair Lending or Other Illegal Credit. Practices Review s Charter Number: 14008 For analysis purposes, more consideration was given to the home mortgage loan products as they represented 59 percent by number and 65 percent by dollar of the bank's loan originations over the evaluation period. Small loans to businesses had the next greatest volume with 27 percent by number and 23 percent by dollar, followed by small loans to farms ' with 14 percent of the volume by number and 12 percent by dollar. Analysis of the home mortgage lending over the evaluation period gave the greatest weight to refinance loans which represented 65 percent of the loan originations. Home purchase loans represented 32 percent of the originations, with home improvement lending representing the remaining 3 percent. Distribution of Loans by Income Level of the Geography The overall geographic distribution of loans is excellent. Our analysis consisted of a review of the low-income CTs in the AA. An analysis of the sole moderate-income CT was not considered meaningful as there are no owner occupied housing units, businesses or farms located within this CT. The CT is comprised of the campus of the Northern Illinois University. Horne Mortgage Loans Refer to Tables 2, 31 4 and 5 in appendix C for the facts and data used to evaluate the geographic distribution of the bank's home mortgage loan originations and purchases. The geographic distribution of home mortgage loans is excellent. Castle Bank's percentage of home purchase and home refinance loans originated and purchased during the evaluation period exceed the demographics in low-income geographies. The two low-income CTs in the AA contain .23 percent of the owner occupied units in the AA. The bank originated or purchased 2. 13 percent of their home purchase loans and .71 percent of their refinance loans in these CTs. In addition, Castle Bank's market share in these geographies are higher than its overall market share. Small Loans to Businesses Refer to Table 6 in appendix C for the facts and data used to evaluate the geographic distribution of the bank's origination/purchase of small loans to businesses. The overall geographic distribution of small loans to businesses is good. Over the evaluation period , Castle Bank originated 1 .36 percent of their small loans to businesses in low-income CTs, which is somewhat lower than the demographics of 2.53 percent, however, Castle Bank's market share in those geographies is above its overall market share. Small Loans to Farms Refer to Table 7 in appendix C for the facts and data used to evaluate the geographic distribution of the bank's origination/purchase of small loans to farms. The overall geographic distribution of small loans to farms is excellent. Over the evaluation period , Castle Bank's originated or purchased small loans to farms exceeded the area demographics in the low-income CT. 11 Charter Number: 14008 Conclusions with Respect to Performance Tests LENDING TEST Conclusions for Areas Receiving Full-Scope Reviews The bank's performance under the lending test is rated "Outstanding." Based on a full-scope review of the bank's AA, the bank's performance is excellent. Lending Activity Refer to Tables 1 Lending Volume and 1 Other in appendix C for the facts and data used to evaluate the bank's lending activity. Lending levels reflect good responsiveness in relation to area credit needs and the bank's deposit market share. Castle Bank's lending activity was strongest for small loans to farms, where Castle Bank was ranked 1st in the number of loans originated in the AA with .25 percent . of the market share and 27 percent of the market share based on dollar of loans originated: Based on 200.4 Federal Deposit Insurance Corporation Summary Deposit information, Castle Bank ranked 15t in deposit market share in their AA with 17.21 percent. There were 38 financial institutions with a presence in the AA. During the evaluation period, Castle bank originated 3,247 reportable HMDA loans totaling $454 million in the AA. Based on 2004 HMDA data, Castle Bank's HMDA loans represent a 2.63 percent market share. Castle Bank was ranked 8th out of 535 financial institutions that reported HMDA loans in 2004. Several of the HMDA reporters in the Mare non-bank lenders or are banks that do not have a branch office in the AA. Castle Bank originated 1 ,468 reportable small loans to businesses during the evaluation period totaling $161 million. Based on 2004 numbers, Castle Bank had a 2 percent market share by number of loans originated and 5 percent market share by dollar amount of loans originated. Castle Bank ranked 10th out of 181 financial institutions that reported business loans. These . numbers are somewhat skewed in that the 2004 Small Business. Peer Data reflects loans originated in entire counties where the bank's AA is located . Even though Castle Bank includes portions of three counties (Kane, LaSalle and McHenry) in their AA, the peer data analyzes the data based on entire counties. Using only DeKalb and Kendall counties for analysis, where Castle Bank maintains the majority of its branches and includes the entire counties in its AA, the market share increases to 9. 19 percent and Castle Bank ranked 3`d out of the 83 institutions reporting. Castle Bank originated 785 reportable small loans to farms totaling $84 million during the evaluation period. Of the 42 financial institutions that reported farm loans in 2004 in the counties comprising the AA, Castle Bank ranked 1st with a 25 percent market share. Analyzing the data for only DeKalb and Kendall counties, Castle Bank remained Vt in market share with 32 percent out of 17 reporting lenders. 10 Charter Number: 14008 mortgage loans for qualifying individuals and families. To date, this program_ has closed 11 loans totaling just over $1 . 5 million. In addition , Castle Bank offers loans through the Illinois Housing Development Authority (IHDA) that helps low- and moderate-income families become first-time homebuyers. IHDA finances mortgages through partner banks, such as Castle Bank, that are below market rate, making it easier for low- and moderate-income families to qualify and afford a home. IHDA finances mortgages to households that may have difficulty qualifying for conventional mortgage products and also provides cash grants to help with down payments and closing costs. INVESTMENT TEST Conclusions for Areas Receiving Full-Scope Reviews The bank's performance under the Investment Test is rated. "High Satisfactory" based on a full scope review of the bank's AA. Refer to Table 14 in appendix C for the facts and data used to evaluate the bank's level of qualified investments. Investment Test performance is rated High Satisfactory. Qualified investments in the AA are responsive to the identified needs of the AA. None of the investments are considered innovative or complex, and all are routinely provided by private investors. Castle Bank's level of investments in the AA is considered good. Qualifying investments in .the AA total $1 , 168, 088. This represents 2.03 percent of the bank's Tier One capital. Castle Bank provided funds primarily to organizations that provide services to low- and moderate-income individuals and to organizations that promote economic development in the bank's AA. The following are examples of Castle Bank's qualified investments: • Provided funds to several organizations that provide funds and services to low- and moderate-income individuals and organizations including area food pantries, Family Service Agency, Ben Gordon Center, the American Red Cross, Salvation Army and area United Way organizations. • Provided funds to organizations to purchase and renovate buildings for group homes and homeless shelters. Organizations benefiting from these funds include Open Door Rehabilitiation, Opportunity House and McHenry County Public Action to Deliver Shelter. • Provides funds to the Waubonsee Community College Foundation to. provide scholarships for area students based on financial need. • Provide funds to organizations that facilitate economic. development such as area' Economic Development Corporations and Main Street projects for DeKalb and McHenry Counties. 14 Charter Number. 14008. activities. Our community contact spoke favorably of bank employee participation in community development activities. Among the community development service activities, one Castle Bank employee serves as Chairman of the Board of the DeKalb County Housing Authority, which provides housing assistance to low- and moderate-income clientele. Another is Chairman and another is Treasurer of two different Economic Development. Corporations. A number serve on local Boards of Directors of United Way and several serve on a community fund which supports . local, non-profit organizations. Two others are board members for an organization that provides mental health assistance to primarily low- and moderate-income individuals through various programs. 16 Charter Number: 14008 Appendix B : Market Profiles for Full -Scope Areas Castle Bank Demographic Information for Full Scope Area: Castle Bank AA Low Moderate . Middle Upper NA* Demographic Characteristics # % of # % of # % of # % of# % of # Geographies (Census Tracts/BNAs) 38 526 2.63 73.68 18.42 0.00 Population by Geography 202,793 5.59 1.18 . 65.96 27.27 0.00 Owner-Occupied Housing by Geography 51,149 0.23 0.00 66.92 32.84 0.00 Business by Geography 111115 2.53 0.00 68.68 28.79 0.00 Farms by Geography 1 ,258 0.24 ` 0.00 75.60 24.17 0.00 Family Distribution by Income Level 51 ,467 12.97 17.05 27.32 42.66 0.00 Distr button of Low and Moderate Income 15,449 6.07 10.10 75.74 18.09 0.00 Families throughout AA Geo ra hies Median Family Income 56,573 Median Housing Value 152,929, HUD Adjusted Median Family Income for 2005 64,446 Unemployment Rate (2000 US 3.14% Households Below Poverty Level 8% Census) (*) The NA category consists of geographies that have not been assigned an income classification. Source: 2000 US Census and 2005 HUD updated MFI Castle Bank's AA is comprised of 38 contiguous CTs. The CTs include all of DeKalb and Kendall counties and parts of McHenry, Kane, and LaSalle counties. Castle Bank's operations are within the Chicago primary metropolitan area, one of the largest metropolitan areas in the United 'States. Total population of the AA as of the 2000 Census was 202,800. The AA meets regulatory requirements and does not arbitrarily exclude any low- or moderate- income level areas. The AA includes 2 low-, 1 moderate-, 28 middle- and Tupper-income CTs. The low- and moderate-income CTs are located on or adjacent to Northern Illinois University in the City of DeKalb. The local area economy is relatively good. Business growth is occurring as businesses and population expands outward from the Chicago area. Unemployment within the AA was 2.45 percent based on 2005 Geodemographic data. Department of Labor statistics indicate that Illinois statewide unemployment (not seasonally adjusted) for 2005 was 5.7 percent. Appendix B-1 Charter Number: 14008 Table. 5. Geographic Distribution of Multifamily Loans - Compares the percentage distribution of the number of multifamily loans originated and purchased by the bank in low-, moderate-, middle-, and upper-income geographies to the percentage distribution of multifamily housing units throughout those geographies. The table also presents market share information based on the most recent aggregate market data available. Table 6. Geographic Distribution of Small Loans to Businesses - The percentage distribution of the number of small loans (less than or equal to $1 million) to businesses originated and purchased by the bank in low-, moderate,, middle-, and upper-income geographies compared to the percentage distribution of businesses (regardless of revenue size) throughout those geographies. The table also presents market share information based on the most recent aggregate market data available. Because small business data are not available for geographic areas smaller than counties, it may be necessary to use geographic areas larger . than the bank's assessment area. Table 7. Geographic Distribution of Small Loans to Farms - The percentage distribution of the number of small loans (less than or equal to $500,000) to farms originated , and purchased by the bank in low-, moderate-, middle-, and upper-income geographies compared to the percentage distribution of farms (regardless of revenue size) throughout those geographies. The table also presents market share information based on the most recent aggregate market data available. Because small farm data are not available for geographic areas smaller than counties , it may be necessary to use geographic areas larger than the bank's assessment area. Table 8. Borrower Distribution of Home Purchase Loans - Compares the percentage distribution of the number of loans originated and purchased by the bank.to low.-, moderate-, middle-, and upper-income borrowers to the percentage distribution of families by income level in each MA/assessment area. The table .also presents market share information based on the most recent aggregate market data available. Table 9. Borrower. Distribution of Home Improvement Loans - See Table 8. Table 10, Borrower Distribution of Refinance Loans - See Table 8. Table 11 . Borrower Distribution of Small Loans to Businesses - Compares the percentage distribution of the number of small loans (less than or equal to $ 1 million) originated and purchased by the bank to businesses with revenues of $ 1 million or less to the percentage distribution of businesses with revenues of $1 million or less. In addition, the table presents the percentage distribution of the number of loans originated and purchased by the bank by loan size, regardless of . the revenue size of the business. Market share information is presented based on the most recent aggregate market data available. . Appendix C-2 O y � O Q SQVa_ 00 m o CD Q O O d O C .may. fR L. N L o N t(l W m U d y M v°_ w E o O > ty us W E Z U 0 y y C O 0 ate . CL O ¢a' d O y C O Q J C a T C Q a N v a _ •E E r d y O j 9 sue °' a W� x � m2 E m o � > m °v m o c K 46 O O .E o # a N Eo m m o m � v c `o c m � m W � � o d Boo Z a _ o N L O Z N C W U o m N o � O O K m t_ W � U LU 0 0 Of m T V N 0 a o L CL T L W U as x . 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