Ordinance 2004-31 200400018222
c i led for Record in
K.ENDALL r-OUN*ryy ILLINOIS
PAUL ANDERSON
STATE OF ILLINOIS ) 06-30-2004 At 02:13 pm,
) ss ORDINANCE -7.00
COUNTY OF KENDALL )
ORDINANCE NO. 2004- 3
AN ORDINANCE AUTHORIZING THE EXECUTION
OF THE THIRD AMENDMENT TO
PLANNED UNIT DEVELOPMENT AGREEMENT
AND THE REZONING OF PROPERTY FOX HILL SUBDIVISION
(JEANNE DRESDEN AS TRUSTEE FOR TRUST#8589 OR NOMINEE)
(DCI-CHARRINGTON,INC., OR NOMINEE)
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Proposed Third Amendment to Planned Unit Development Agreement
pertaining to the development of the real estate described on Exhibit"A"attached hereto and made a
part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS,said Proposed Third Amendment to Planned Unit Development Agreement has
been drafted and has been considered by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as
required hereunder; and
WHEREAS,the statutory procedures provided in 65 ILCS 5111-15.1-1,as amended,for the
execution of said Proposed Third Amendment to Planned Unit Development Agreement has been
1
fully complied with; and
WHEREAS, the property is already within the boundaries of the City; and
WHEREAS,Owner/Developer has requested that the real property described in the attached
Exhibit`B"be rezoned from R-2 One Family Residence District to B-3 Service Business District;
and that the real property described in the attached Exhibit "C"be rezoned from R-2 One Family
Residence District to R-4 General Residence District and B-3 Service Business District.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on
behalf of the City, an Proposed Third Amendment to Planned Unit Development Agreement
concerning the development of the real estate described in the attached Exhibit"A",a copy of which
Proposed Third Amendment to Planned Unit Development Agreement is attached hereto and made a
part hereof.
Section 2: That the real property described in the attached Exhibit`B"is hereby zoned B-3
Service Business District.
Section 3: That the real property described in the attached Exhibit"C"is hereby zoned R-4
General Residence District and B-3 Service Business District.
Section 4:That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
2
WANDA OHARE JOSEPH BESCO _
VALERIE BURD _ PAUL JAMES
LARRY KOT �_ MARTY MUNNS �1
ROSE SPEARS _ RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of �v , A.D. 20 oL
MAY R
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of A.D. 20 6y
AttesIt
CITY C ERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
3
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STATE OF ILLINOIS )
COUNTY OF KENDALL )
THIRD AMENDMENT TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR FOX HILL SUBDIVISION
(JEANNE DRESDEN AS TRUSTEE FOR TRUST #8589, OR NOMINEE)
(DCI-CHARRINGTON, INC., OR NOMINEE)
WHEREAS, the UNITED CITY OF YORKVILLE and PAUL DRESDEN, the
ORIGINAL DEVELOPER OF FOX HILL SUBDIVISION entered into a written Planned Unit
Development Agreement which was previously adopted and approved by the UNITED CITY OF
YORKVILLE through Ordinance by its City Council; and
WHEREAS, the OWNER/DEVELOPER and the CITY have undertaken to perform all
obligations with respect to that Agreement; and
WHEREAS, a new OWNER/DEVELOPER, JEANNE DRESDEN AS SOLE
BENEFICIARY OF OLD SECOND NATIONAL BANK OF AURORA TRUST #8589, and
DCI-CHARRINGTON, INC., or nominee, within Fox Hill Subdivision, has made written
application to the UNITED CITY OF YORKVILLE for the purpose of rezoning the subject real
property, in conformance with the attached Exhibit"A"which is incorporated herein and made a
part hereof, and
WHEREAS, JEANNE DRESDEN AS SOLE BENEFICIARY OF OLD SECOND
NATIONAL BANK OF AURORA TRUST#8589, or nominee, within Fox Hill Development,
has made written application to the UNITED CITY OF YORKVILLE for the purpose of
rezoning the subject real property designated in the attached Exhibit`B"which is incorporated
—1—
herein and made a part hereof from United City of Yorkville R-2 One-Family Residence District
and B-3 Service Business District to United City of Yorkville B-3 Service Business District; and
WHEREAS, DCI-CHARRINGTON, INC., or nominee, within Fox Hill Development,
has made written application to the UNITED CITY OF YORKVILLE for the purpose of
rezoning the subject real property designated in the attached Exhibit "C"which is incorporated
herein and made a part hereof from United City of Yorkville R-2 One-Family Residence District
and B-3 Service Business District to United City of Yorkville R-4 General Residential District
and B-3 Service Business District; and
WHEREAS, in exchange for reengineering the subject property to account for the revised
flood mapping of the Rob Roy Creek and realigning the access to the subject property to ensure
thee public health, safety and welfare, at the request of the CITY the DEVELOPER shall be
entitled to a waiver of the Eldamain Road improvement fees and may petition the CITY in the
future to consider a sale tax rebate or other credit for OWNER/DEVELOPER'S cost of off-site
road improvements; and
WHEREAS, the CITY has held all public hearings, and taken all action necessary to
modify the Planned Unit Development Agreement originally entered into between the
Owner/Developer and the CITY:
NOW THEREFORE, the parties hereby agree as follows:
1) INCORPORATION OF RECITALS: All parties hereto agree that the above
contained recitals are an integral part of this Agreement and hereby adopt those
recitals as part of this Agreement.
2) AUTHORIZATION OF AMENDMENT: OWNER/DEVELOPER warrant that
—2—
the parties hereto have full and express authority to enter into an Amendment of
the original Planned Unit Development Agreement to which this Amendment is
appended pursuant to that Agreement.
3) The Concept Plan originally adopted and approved by the UNITED CITY OF
YORKVILLE as to Fox Hill Subdivision is hereby modified to conform to the
changes set out in this Agreement.
4) Upon approval of this Agreement by all parties, the UNITED CITY OF
YORKVILLE will pass an Ordinance approving the terms of this Agreement and
re-zoning the real property depicted in the attached Exhibit"A" and described in
the attached Exhibit`B"to United City of Yorkville B-3 Service Business
District.
5) Upon approval of this Agreement by all parties, the UNITED CITY OF
YORKVILLE will pass an Ordinance approving the terms of this Agreement and
re-zoning the real property described in the attached Exhibit"C" and depicted in
the attached Exhibit"A"to United City of Yorkville R-4 General Residential
District and B-3 Service Business District.
6) That the CITY agrees to waive the requirements enumerated in Paragraph N(3) of
the Annexation and Planned Unit Development Agreement dated October 28,
1993,which required Developer, its nominees, successors and assigns, to
contribute to the improvements made to Eldamain Road. The CITY further agrees
that the OWNER/DEVELOPER, its nominees, successors, and assigns are
relieved of this requirement in its entirety.
—3—
7) That the CITY agrees that the OWNER/DEVELOPER may petition the CITY at a
future date to consider an Economic Development Incentive Agreement for Sales
Tax rebates for public infrastructure improvements, engineering costs and other
related expenses incurred by the OWNER/DEVELOPER as part of the redesign
and reengineering of Unit 7. Notwithstanding the aforementioned provisions, the
CITY is not required by this paragraph to grant OWNEWDEVELOPER an
Economic Development Incentive Agreement.
8) That the OWNER/DEVELOPER agrees that the subject property shall be subject
to current United City of Yorkville Landscape Ordinance.
9) That the OWNER/DEVELOPER agrees to provide a landscape buffer parallel
with the southern property line of the subject property legally described in Exhibit
"C", which at minimum shall be fifteen feet (15') in width and consist of one
hundred foot (100') intervals of either of the following:
a. Two (2) shade trees as defined by the United City of Yorkville Landscape
Ordinance, three (3) evergreens and twenty-five (25) shrubs; or
b. Three (3) shade trees as defined by the United City of Yorkville Landscape
Ordinance, three (3) evergreens and three (3) ornamental trees as defined
by the United City of Yorkville Landscape Ordinance.
10) That the OWNER/DEVELOPER agrees to the installation of a 13R Sprinkler
System as recommended by the Bristol Kendall Fire Protection District in the unit
located at the southern most point of the south cul-de-sac.
11) That the OWNER/DEVELOER agrees to the following architectural Design
—4—
Standards for the development of the real property legally described in Exhibit
"C" and rezoned United City of Yorkville R-4 General Residential District:
a. Each front fagade of a building shall consist of no less than fifty percent
(50%)brick or stone material; and
b. No two adjacent buildings shall have a front fagade of the same color; and
C. That the front yards of adjacent buildings shall be varied with differing
streetscape improvements; and
d. That each dwelling unit contained in the structure shall have a minimum
square footage of 1,340 square feet of usable floor area.
12) This Agreement shall be binding upon the successors, heirs, and assigns of each
party hereto.
13) SEVERABILITY: Should any provision of this Annexation Amendment be
found to be unenforceable by a Court of competent jurisdiction, the remaining
terms and conditions of this Amendment to Planned Unit Development
Agreement as well as the original Planned Unit Development Agreement shall
remain in full force and effect.
14) TIME IS OF THE ESSENCE: Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants
contained in this Amendment shall be performed in a timely manner by all parties
hereto.
—5—
IN WITNESS WHEREOF the undersigned have set their hands and seals this '�; day
of 32004.
DCI-CHARRINGTON, INC., or Nominee UNITED CITY OF YORKVILLE
By: By
ARTHUR F. PROCHASKA, JR.
MAYOR
Atte c
'C
LE
JEONE DRESDEN, SOLE BENEFICIARY
OF OLD SECOND NATIONAL BANK OF
AURORA Trust#8589
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
—6—
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