Ordinance 2004-65 STATE OF ILLINOIS ;,:x, or i
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ORDINANCE NO. 2004-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF THE FIRST AMENDMENT TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR NEW DIRECTION HOUSING CORPORATION
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Proposed First 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 First 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 5/11-15.1-1,as amended, for the
execution of said Proposed First Amendment to Planned Unit Development Agreement has been
fully complied with; and
1
WHEREAS, the property is already within the boundaries of the City:
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 First Amendment to Planned Unit Development Agreement
concerning the development of the real estate described in the attached Exhibit"A",a copy of which
Proposed First Amendment to Planned Unit Development Agreement is attached hereto and made a
part hereof.
Section That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
WANDA OHARE JOSEPH BESCO 4—
VALERIE BURR PAUL JAMES 4
LARRY KOT '�� MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day ofJd��,,,,t , A.D. 20 O q
MA R
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this
2
ES'Odayof J) Oj tm , A.D. 20-M--.
Attes
CI CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
3
STATE OF ILLINOIS )
COUNTY OF KENDALL )
FIRST AMENDMENT TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR NEW DIRECTION HOUSING CORPORATION
WHEREAS, the UNITED CITY OF YORKVILLE and NEW DIRECTION HOUSING
CORPORATION,the original DEVELOPER and SUN FLOWER ESTATES,L.L.C.,the original
OWNER of the property IegaIly described in Exhibit"A"attached hereto and incorporated herein
by reference, 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, YORKVILLE SUPPORTIVE LIVING,
L.L.C., an Illinois Limited Liability Company, or nominee, has made written application to the
UNITED CITY OF YORKVILLE for the purpose of amending the Planned Unit Development
Agreement recorded with the Kendall County Recorder of Deeds on January 23, 2004 as
Document#200400001961 which is incorporated herein by reference and made a part hereof; and
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
—1—
recitals as part of this Agreement.
2) AUTHORIZATION OF AMENDMENT: OWNER/DEVELOPER warrant that
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) Upon approval of this Agreement by all parties, the UNITED CITY OF
YORKVILLE will pass an Ordinance approving the terms of this Agreement.
4) OWNER/DEVELOPER shall be permitted to have a density of twenty-five (25)
dwelling units per acre.
5) OWNER/DEVELOPER shall provide for affordable assisted living for frail seniors
who are sixty-five(65)years of age or older.
6) OWNER/DEVELOPER is hereby permitted to a deviation from the United City
of Yorkville Subdivision Ordinance and allowed to construct fifty-five(55)
uncovered parking spaces in line of the covered parking requirements stated in the
United City of Yorkville Subdivision Ordinance.
7) The First Amendment to the Planned Unit Development being approved shall be
constructed in substantial conformance with the Site Plan attached hereto and
incorporated herein as Exhibit"B".
8) SEVERABIL,ITY: 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
—2—
as the original Planned Unit Development Agreement shall remain in full force and
effect.
9) 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.
IN WITNESS WHEREOF the undersigned have set their hands and seals this-�'31zkday
Of L t,1Lk' L,(,k C , 2004.
YORKVILLE SUPPORTIVE LIVING, UNITED CITY OF YORKVILLE
An Illinois Limited Liability Company
ARTHUR F. PROCHASKA, JR.
MAYOR
Attest
♦♦s♦♦♦♦�♦.♦®m�♦o a♦�♦�®♦®♦♦♦♦ : 1 �f J CITY CLE ' L� _ y0,�%.
OFFICIAL SEAL"
♦ JILL VANDERLAAN
t♦ NOTARY PUBLIC, STATE OF ILLINOIS ♦
MY COMMISSION EXPIRES 08/16/08
• SF'AL
LL
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
—3—
Yorkville,Illinois 60560
630.553.9500
-4-
L egai Description -
7nat part of the Southeast Ouarter of Section 5, Township
36 Nara?, .Range 7 East of the Third Prircipcl Meridian
described as fo//ows- Beginning- at the Nartheost corner of a
subdivision known as Sun rTa wer Estates; Phase 7, Yorkvil le,
frendal/ County, lilinois;- thence South 0120 48" East alon_v
an East line of said subdivision 309.99, thence North 88'39'iZ"
East alorna a North:line of said subdivision, 490.0 feet to a
/rn e drawn p aralle/ with th e West rioh t o r' woy lin e o` l/Iin ois
Stcte Route No. 47 and 622.30 feet South 8839'i2" {west
therer'rorrr; thence North 07 44'v7" Wesi parallel with said
Route 47 right of woy line, 310.0 feet to `e southerly right, of
woy line of Green Briar Rood,• tnen.ce South 88:39'72° West
along said southerly right of way line 48790 feet to the point
of beginning in the United City of Yarkvi!/e, Kenda// County,
'Illinois and containing 3.480 acres.
lniand
SITE STATISTICS
Site Area 151,570 S.F.(3.48 AC.)
GREEN BRIAR ROAD Parking Spaces 62(incl.3 Accessible spaces)
Building Area
Site Coverage 29,499 S.F.
Total Bldg.Area 57,831 S.F.
Unit Count 84 units-2 Story
38"TALL DECORATIVE b (:801
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SITE PLAN
LM SCALE: NONE
DEVELOPED BY: PROJECT:
GLEASON HORVE BUILDERS S.L.F. YORKVf LLE
ARCHITECTS, P.C. 330 West Marion Avenue
;�, -k= �„ Forsyth,Illinois 62535 GREEN BRIAR ROAD
F63D4A6SM ILLINOIS EQUITY FUND YORKVILLE, ILLINOIS
401 East Adams Street November 09 2DD4
Springfield,Illinois 62701
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UNIT SUMMARY - FIRST FLOOR o
CD UNIT A (ONE BED): 18
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UNIT B (STUDIO): 17
N TOTAL UNITS: 35 °0
I D.O.N. OffICE � �
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FIRST FLOOR PLAN
SCALE: 3/32" = r-o• 392'-4 1/8"
DEVELOPED BY: PROJECT:
GLEASON HORVE BUILDERS
ARCHMM,P.C. 330 West Marion Avenue S.L. F. YO R KV I L L E
Forsyth,Illinois 62535 GREEN BRIAR ROAD
�P.. � ILLINOIS EQUITY FUND YORKVILLE, ILLINOIS
401 East Adams Street
Springfield,Illinois 62701 November 09,2004
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UNIT SUMMARY— SECOND FLOOR a7
UNIT A (ONE BED): 18 °
UNIT B (STUDIO): 31 PK:3rMD TOTAL UNITS: 49
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❑ ❑ ❑❑ ❑ ❑ ❑ ❑ EAUTY AC . ACTIVITY ❑ ❑❑ ❑❑
❑ ❑ BAR BE DIR.
ROOF
I
SECOND FLOOR PLAN
SCALE: 3/32'= 1'-0"
Ln1j. DEVELOPED BY: PROJECT:
GLEASON HORVE BUILDERS S.L.F. YORKVI LLE
ARCHITECTS,P.C. 330 West Marion Avenue
Z- Forsyth,Illinois 62535 GREEN BRIAR ROAD
� ,� ILLINOIS EQUITY FUND YORKVILLE, ILLINOIS
401 East Adams Street November 09 2004
Springfield,Illinois 62701
23'-3" 15'-3 1/2"
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LIVING ROOM BED ROOM
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BATH ❑
KITC ENETTE
KITCHENETTE BATH
❑❑ I
UNIT A (467 SF) UNIT B (305 SF)
DEVELOPED BY: PROJECT:
GLEASON HORVE BUILDERS S. L. F. YORKVILLE
ARCHITECTS, P.C. 330 West Marion Avenue
769H...tlndDdw.UnuA Forsyth, Illinois 62535 GREEN BRIAR ROAD
ILLINOIS EQUITY FUND YORKVILLE, ILLINOIS
Flwn.:63x166-87410
Fa:630-!66.8760
401 East Adams Street November 09,2004
Springfield, Illinois 62701
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