Ordinance 2014-01 fill
L--4-E
RTLD: A
56.&
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2014-01
ORDINANCE OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY, ILLINOIS,
APPROVING SECOND AMENDMENT TO ANNEXATION AGREEMENT,ANNEXATION
AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Westbury Village)
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 14t"day of January,2014
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on March 19,2014.
Ordinance No. 2014-01
ORDINANCE OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY,ILLINOIS,
APPROVING SECOND AMENDMENT TO ANNEXATION AGREEMENT,ANNEXATION
AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Westbury Village)
WHEREAS, on September 9, 2004, the United City of Yorkville, Kendall County,
Illinois (the "City") entered into an Amendment to Annexation Agreement, Annexation
Agreement and Planned Unit Development Agreement (the "First Amendment') with all of the
owners of approximately 300 acres of land generally located south of Galena Road and west of
Illinois Route 47 and known as the Westbury Village Subdivision("Westbury"); and,
WHEREAS, as of the date of the First Amendment, 14.62 acres of Westbury was
utilized by Green Organics, Inc., an Illinois corporation (the "Composter") as a composting
i
facility for landscape waste and food waste which the Composter continues to use for said
purposes as of the date hereof; and,
WHEREAS, Bristol Ventures, LLC, an Illinois limited liability company (the "Current
Successor Owner"), on behalf of the Composter, has approached the City with a proposal to
eliminate 10.5 of the original 14.62 acres in Yorkville and reconfigure its operation to
approximately 13.73 acres of land in Yorkville of which 9.5 acres are located within Westbury in
order to add taller wind rows and increase the capacity of its operation; and,
WHEREAS, the First Amendment provides that all uses in place as of the date of said
First Amendment may continue until the recordation of a Final Plat of subdivision for such area;
and,
WHEREAS, the proposed reconfiguration of the composting facility would result in a
change in the current land use of said 9.5 acres in Westbury from agricultural to composting
thereby requiring an amendment to the First Amendment by the City and the Current Successor
Ordinance No.2014-01
Page 2
Owner of said 9.5 acres with the terms and conditions as set forth in the Second Amendment to
Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement in
the form attached hereto and made a part hereof(the "Second Amendment").
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the Second Amendment to Annexation
Agreement, Annexation Agreement and Planned Unit Development Agreement attached hereto
and made a part hereof is hereby approved and the Mayor and City Clerk are hereby authorized
to execute said Second Amendment.
That this Ordinance shall be in full force and effect from and after its passage, approval,
and publication in the manner provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
I Day of JAPJ0iV 7 , A.D. 2014.
bE.PUTYCITY CLERK
CARLO COLOSIMO _ DIANE TEELING
JACKIE MILSCHEWSKI y CHRIS FUNKHOUSER / -
KEN KOCH T LARRY KOT
ROSE ANN SPEARS -- JOEL FRIEDERS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
( ( Day of MOC41 , A.D. 2014.
OR'
Ordinance No.2014-01
Page 3
SECOND AMENDMENT TO ANNEXATION AGREEMENT,ANNEXATION
AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Westbury Village)
THIS AMENDMENT to Annexation Agreement, Annexation Agreement and Planned
Unit Development Agreement("Agreement"), entered into this // day of M4RC14 , 201h,
by and between the United City of Yorkville, Kendall County, Illinois ("City"), an Illinois
municipal corporation and Bristol Ventures, LLC, an Illinois limited liability company(the"New
Owner"), as the successor to the Estate of Henrietta Undresser, deceased and the Estate of
Richard A. Undresser, Sr., deceased(the"Prior Owners").
RECITALS:
WHEREAS, on September 9, 2004, the City entered into an Amendment to Annexation
Agreement, Annexation Agreement and Planned Unit Development Agreement (the "First
Amendment") with all of the owners of approximately 300 acres of land generally located south
of Galena Road and west of Illinois Route 47 and known as the Westbury Village Subdivision
("Westbury"); and,
WHEREAS, as of the date of the First Amendment, 14.62 acres of Westbury was
utilized by Green Organics, Inc., an Illinois corporation (the "Composter") as a composting
facility for landscape waste and food waste which the Composter continues to use for said
purposes as of the date hereof; and,
WHEREAS, the New Owner, on behalf of the Composter, has approached the City with
a proposal to eliminate 10.5 of the original 14.62 acres in Yorkville and reconfigure its operation
to approximately 13.73 acres of land in Yorkville of which 9.5 acres are located within Westbury
in order to add taller wind rows and increase the capacity of its operation; and,
WHEREAS, the First Amendment provides that all uses in place as of the date of said
First Amendment may continue until the recordation of a Final Plat of subdivision for such area;
and,
WHEREAS, the proposed reconfiguration of the composting facility would result in a
change in the current land use of said 9.5 acres in Westbury from agricultural to composting
thereby requiring an amendment to the First Amendment by the City and the New Owner of said
9.5 acres, which amendment may proceed without the consent of all other owners of other
portions of the 300 acres which is subject of the First Amendment, as permitted by Section 32F
thereof.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual
covenants and agreements hereinafter set forth,the Parties hereto agree as follows:
Section 1. The foregoing preambles are hereby incorporated into this Amendment as if
fully restated herein.
Section 2. As authorized by Section 32.F of the First Amendment, the City and the New
Owner hereby authorize the use of approximately nine and one-half (9 '/h) acres of land as
depicted on Exhibit A attached hereto and made a part hereof, as a composting facility until the
recordation of a Final Plat for said acreage for uses in accordance with the zoning designations as
defined in the First Amendment, subject to any and all conditions to be required by the City
Engineer and such other conditions as hereinafter set forth in Section 4.
Section 3. The New Owner hereby agrees to guarantee that the Composter shall abide by
all applicable state and federal laws, rules and regulations, obtain and keep all required permits
in full force and effect and abide by all ordinances,rules and regulations of the City.
Section 4. The use of the acreage for composting by the Composter as hereinabove
described is subject to the following conditions:
a. A plat shall be kept on file with the City indicating the location of all operations and
processes (Le., receiving/processing area, composting area,preliminary and final cure
areas for compost storage prior to screening).
b. The Composter shall provide up-to-date copies of the State permit and related
documents including operational plan changes (if any), copies of
complaints/violations taken or issued by the Illinois Environmental Protection
Agency(IEPA) and/or the County Solid Waste Coordinator.
c. The Composter's operational personnel shall be present on site during times when the
facility is open for business. An emergency contact for the facility available 24 hours
a day shall be provided to the City and updated anytime such personnel changes.
d. A lock-box key shall be provided to the Bristol Kendall Fire District (BKFD), as well
as the Building Department of the City for emergency situations.
e. Authorized City personnel shall be allowed on the premises during business hours for
inspection and testing, if required.
f All results from required water and soil samples which are to be taken by an
independent laboratory and be provided to the Kendall County Environmental Health
Department will also be provided to the City Engineer to remain on file.
g. All permits and approvals permitted by this amendment shall be for a term for a
period of five (5) years to be consistent with the terms of the contract lease between
the Composter and the New Owner.
h. At the time any new residential dwelling unit is permitted for construction and
occupancy is established for at least sixty (60) days in the City of Yorkville within
one-eighth (1/8) mile of the compost facility operation as depicted on Exhibit `B"
attached hereto, the City shall serve notice to the New Owner and Composter
establishing a timeframe for closure to occur within three (3)years of such notice or
at the end of the five (5)year term of this agreement, whichever is longer, and require
a written Closure Plan be developed by the Composter to be submitted to the City and
IEPA in compliance with Section 830.213 Standards for Compost Facilities of the
Illinois Environmental Protection Act.
Section S. The New Owner shall indemnify and hold harmless the City, its agents,
officers and employees against all injuries, deaths, losses, damages, claims, suits, liabilities,
judgments, costs and expenses (including any reasonable attorney's fees) which may arise
directly or indirectly from any claims made against the City as a result of the use of a portion of
Westbury by the Composter or from any default or breach of the terms of this Agreement by the
New Owner or Composter or from any negligence or reckless or willful misconduct of the
Composter. The New Owner shall, at its own cost and expense, appear, defend and pay all
charges of attorneys, costs and other expenses arising therefrom or incurred in connection
therewith. If any judgment shall be rendered against the City, its agents, officers, officials or
employees in any such action,the New Owner shall, at its own expense,satisfy and discharge the
same.
Section 6 Notwithstanding the provisions of Section 32B., and Section 32G. of the First
Amendment, this Amendment shall not inure to the New Owner's successors and assigns and
any change in the use or user of the aforesaid acreage shall require the approval of the City.
Section 7. The term of this Amendment shall end simultaneously with the term of the
First Amendment.
Section 8. This Amendment shall be recorded in the Office of the Recorder of Deeds,
Kendal County,Illinois, at the New Owner's expense.
Section 9. This Amendment may be executed in counterparts, each of which shall be
deemed an original,but all of which together shall constitute one and the same document.
Section 10. All other terms of the First Amendment not amended by this Amendment are
hereby confirmed as in full force and effect.
Section 11. It is agreed that City is not liable or responsible for any approvals or
permissions granted under this Amendment that may be restricted or limited by any other
governmental bodies or agencies having jurisdiction over the land to be used for composting,
including, but not limited to, county, state or federal regulatory bodies.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
Annexation Agreement,Annexation Agreement and Planned Unit Development Agreement to be
executed by their duly authorized officers on the above date at Yorkville,Illinois.
United City of Yorkville, an Illinois
munic al corpo do
By:
Mayo
Attest:
DEPUTY City Clerk
Bristol Ventures,LLC, an Illinois limited
Company
By:
r ident
Attest:
Secretary
LEGAL DESCRIPTION
THAT PART OF THE NORTHEAST QUARTER OF SECTION 8 IN TOWNSHIP 37,
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE NORTH 87 DEGREES 36 MINUTES 31 SECONDS EAST,ALONG THE
NORTH LINE OF SAID NORTHEAST QUARTER, 187.01 FEET; THENCE SOUTH
61 DEGREES 46 MINUTES 39 SECONDS EAST, 332.00 FEET; THENCE SOUTH 71
DEGREES 34 MINUTES 14 SECONDS EAST, 463.00 FEET; THENCE SOUTH 45
DEGREES 09 MINUTES 49 SECONDS EAST, 58.00 FEET; THENCE SOUTH 00
DEGREES 33 MINUTES 15 SECONDS WEST, 356.00 FEET; THENCE SOUTH 89
DEGREES 48 MINUTES 46 SECONDS WEST, 541.26 FEET TO A POINT ON THE
EAST LINE OF A PARCEL OF LAND; THENCE NORTH 01 DEGREE 14 MINUTES
06 SECONDS WEST,ALONG SAID EAST LINE OF A PARCEL OF LAND,ALSO
BEING A LINE 400.00 FEET EAST OF,AND PARALLEL WITH, THE WEST LINE
OF SAID NORTHEAST QUARTER, 303.00 FEET TO ITS NORTHEAST CORNER;
THENCE SOUTH 88 DEGREES 45 MINUTES 54 SECONDS WEST,ALONG THE
NORTH LINE OF SAID PARCEL OF LAND, 400.00 FEET TO ITS NORTHWEST
CORNER, SAID CORNER ALSO BEING ON SAID WEST LINE OF THE
NORTHEAST QUARTER; THENCE NORTH 01 DEGREE 14 MINUTES 06
SECONDS WEST, ALONG SAID WEST LINE, 400.00 FEET TO THE POINT OF
BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
Exhibit A
i
!I � I f1 fj �eoa'Ro...
0 `}
I _
h
o
u �
I I _Project algnage and IL EPA -
t
notification _ ... .. _: .-- ,." . ..P °, .< 1-0
c t �
J
t
s
j �a`sting Undesser Farm Operatrone-.%
J l
le
ILL
644'-0' O 00 E 1 1
100-0 _........_..�.. .
1
F= �
_u c
!
O b
U
Fx mag&man-Or�an�c - _ - eerm to screen Facility- f G7 N
^^-462'.q. f` See Engi—wg Plans / •E m d
- '� Compashng 0rea - t •� f (� l V
LL
O
t i t - r added ro ixlbh - O CN
1 r - _ CN
k Smrage Pile
s 0
L
t =
scanf�wm_. � II
1 P de eMO basin
II 'Irau'9{'�� i I
Final
smog.pit. enon hill
N€ Rlcdnng area design 6 development,ins
EaisHn detenenn bxn j 1 - SITE DATA:
g :1 24 d,ennne na 1
�t 202 6' 24 .- l womg Z—°m^i m 1.11 e1—ee
� '�^ '-I C nty: Al-SU AgdeulWre-Special a 2pi be
��. 6S�-4' TV-S' ( Use
Yorkville R-2 One Family Rendential land planning
li � } � landscape architecture
e
} 1 P...ty: Zanm IoM development
} m Eaist ng Green Organ cs ii U ry Al SU Agr culture Spxial
2234 t0 It E Beech Roadl .. .,- Com o Fanliry C.
be removed from(amity : ` Y hvdle R-2 One Family Resirkntial Site Plan
........- _�..,.. Existing ACC§Ls Wdu _ 1..�.____�...._........�.r._.�........._�
E sdog Greco C crea
ks 1 Aee
I
comp focal lit N 1{` Total. Ea9 m 11.8 are Sh eet L-3
ttirsgaatd ".711,ergo
�_ -.,--. .,.,..-. ._,..� _ ,.,�.- - _.^ ••i6ss-0'poE Beecher Road)-� i County IS 98xres
'Will. Existing 1590 xres �-
►tMaet 13.77 aas [�-
I!
—mg Olfice
Paved Area
j 1 C—Y! ±74,000 Sq.R.(1.2 xres) xm
( Yorkville: 0 Sq.Ft.(0.0 xres) m,room
Ali 1 ..w�. r......�... .i
l
l I
Exhibit B
02-6-400-004t'. -
�2-04-300-01�
� t
02-05-400-010 1
02-06-400-003 ..
( 02-08-300-005 (f Ken Co dry' /
EE gnty � 02-05-400-010
i / Ile uck 00 8-3
02-08-300-008 Mie Sml
02-05-400-010
rj a j �2-04-3
02-08-300-007 1 �- 1 ;°^ o
o 02-05-400-074 v g 1 ah;P �"'+- o
(off os.:a?o of z g U
9 2-05 QOQ-013 1�"" o
1 1� 02-OS-400-005 +—
# 2-05-400-02 _
1- 494-0 (w{ 9 _ __ _ __ __ ____.._-__. 02-09- N p
2 oa-200-02 - # ` 'o yL m
V
cM , -0 02-08-200-018 C
02-09-100,010 "O
i oz-o7.zoo-o13 6 Ear s J;
I/e W Seih:sck
oz-os-100-003 0; - _ Cn
W_
02-08 zoo aol3 V
019 oz-Oa-zo
o tlerm to a.een Faoluy.
Q. 02-08-100-006
N ng 1 Stmago Ptle �-:� g ng Plans
R PoIC i rupuFac ry add r on /t
�
Lm I-
omet xisng dmimn 6asn 2e1'-6"2 pm ng e
65--V 131 02 0-200-019 Pn"d d-oion F—In 5 I n
L.7
I O FV
N i
2254-10(t E 6 he R dl
R trig Crce ag3
o w€ -Nn:gewg.andu EPA Ex trigf Iygat {;Itlppyt,FUrhgE,. 0 2-08-200.013 Q�
N I456-0 Uo E.tlerW6er Rwd1 � O
ting
02-07-200-008 E sting Green 02-08-200-013 m mile so w k
Fail ry v
U
} organ n,cnmp<rst '
02-08-200-013
I
�+ 02-08-200-013
' 02-08-100-007
I
II.. j �_,,,•-''�� j j ( enon hill
des g s Jevel pmeni.in.
vs NJe setback 1 SITE DATA:
02-08-200-009 s n .nal
Eli Exisfng Zonim ��n IfiO Pfl
P lI
County. At 50 Agnculture Special
02-08-200-011 02-08-200-011 Vorkvdle R-2 One Fam ly Residential I d pl ning
02-07-200-008 �` ( I d w,W—hit-ton,
Pmnosed Zon ng lard d—lu"-
i$1'' �— ) County. AI-SU Agncolun Speral
'! - 02-08-200-011 Os"
F C 1 Yorkv Ile: R-2 One Fam ly Residennal Site Plan
r( 02-08-100-005 7
Ac—
I ti I V 1 0 r al: Exisn� 31 ae acrcn Sheet L-5
I hoVwed, 29.70 xrn
Cuunry: 15 98 acres
l �'L..1 Ynrkv lle' Ex .S 90
15. xres
.I Y` 02-08-200-011 —�� Prapoed: t3.rl xrn
e s 02-08-300-011 j 02-08-400-003 v 02-08-400-003 i C�y rerez t ±74,oao Sq.FI.0.7 acres1
osq.Ft.tan serest Scl -znt