Ordinance 2002-50 "f„)03000 )cc 79
Filed for Record in
KENDALL COUNTY, ILLINOI
PAUL ANDERSON
STATE OF ILLINOIS ) 01-23-2003 At 02:37 pm.
ss
ORDINANCE 44.00
COUNTY OF KENDALL )
ORDINANCE NO. 2002 --SO
AN ORDINANCE AUTHORIZING THE EXECUTION OF A
FIRST AMENDMENT TO
PLANNED UNIT DEVELOPMENT AGREEMENT OF
MICHAEL WHEELER, ROBERT E. DAVIDSON,JR.,
AND GEORGE ENGEL, OWNERS,
WISEMAN-HUGHES ENTERPRISES, INC.,
AN ILLINOIS CORPORATION, DEVELOPER
(COACH ROAD HILLS SUBDIVISION
N/K/A WINDETT RIDGE SUBDIVISION)
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain First Amendment to Planned Unit Development Agreement pertaining
to the annexation and 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 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
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execution of said First Amendment to Planned Unit Development Agreement has been fully
complied with; and
WHEREAS, the property is contiguous to 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, a First Amendment to Planned Unit Development Agreement concerning the
annexation and development of the real estate described therein, a copy of which First Amendment
to Planned Unit Development Agreement is attached hereto and made a part hereof.
Section 2: That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
MIKE ANDERSON JOSEPH BESCO
VALERIE BURD PAUL JAMES
r
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
! /
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
aO day of /� , A.D. 20 i�
MAYOR
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PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois this
of , A.D. 20 0;—
Attest.
CITY hERK
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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EXHIBIT "A"
i
'tate of Illinois : _
:SS
County of Kendall :
This is to certify that we, James M. Olson Associates, Ltd. , Illinois
Rea.istPrecl Laid Surveyors , have surveyed that part of Section 9, Township
38 North Range 7 East of the Third Principal Meridian described as
fol1ovis : Concencing at the Northwest Corner of the Northwest Quarter
of said Section 9; thence southerly along the West Line of said Northwest
Quarter, 569.:0 feet to the center line of Illinois State Route No.
47 ; thence South 35°00 '00" East, along said center line, 1062.70 feet
to the southernmost corner of a tract described in a Warranty Deed from
Edna Halbesma to Hannah Geiger recorded in Book 115 at Page 241 an December
27, 1957; thence South 35°00'00" East, along said center line, 3
feet; thence Ilorth 56°20'00" East, 755.43 feet; thence North 49°38'57"
East, 525 .07 .�eet to the southwesterly line, as occupied, of the Oak
Hill Farm as -shown in a plat recorded in Plat Book 'S on Page 16 (now
"Slot 303") for the point of beginning; thence South 49°38' 57" West,
525.07 ; thence South 56°20'00" West, 755.43 feet to saia center line;
thence South :15000'00" East, along said center line, 484.85 feet to
its intersect- on with the center line of Legion Road; thence South 35°00'00"
East, along said Illinois State Route No. 47 center line and said center
line extended , 1925.22 feet; thence South 16°45'00" East, 126.93 feet
to the line o " a fence extended from the east; thence North 88°15' 14"
-ast along sa:d fence line and its extension, 3115.46 feet to a point
on the East Line of the Southeast Quarter of said Section 9, which is
1533.84 feet 'measured along said East Line) northerly of the Southeast
Corner of sai :: Southeast Quarter; thence North 00°02'46" West, along
said East Line . 445.77 feet to a limestone monument at the southeasterly
corner of said Oak Hill Farm; thence North 52°55'31" West, along the
southwesterly line , as occupied, of said Oak Hill Farm, 3591 .35 feet;
thence North ?6*53'04" West, along said southwesterly line, as occupied,
655 .46 feet to the point of beqinning (excepting therefrom the 50 foot
wide right-of way conveyed to the Fox and Illinois Union Railway Company
recorded in Deed Recdorontainin Page
163?522 alresnas Kendall
shown byTownship,
plaKehereon
County, Illinois an c 9
drawn which is a correct representation of said survey.
Dated at Yorkville, Illinois January 17, 1990
JAMES M. OLSON
Illinois Registered Land Surveyor No. 2253
JAMES- M. OLSON ASSOCIATES, LTD.
107 West Madison Street
Yorkville, Illinois 60560
(708)553-0050
STATE OF ILLINOIS ) November 26,2002
)ss.
COUNTY OF KENDALL )
FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE,
A MUNICIPAL CORPORATION, AND
MICHAEL WHEELER,ROBERT E. DAVIDSON, JR.,
AND GEORGE ENGEL, OWNERS,
WISEMAN-HUGHES ENTERPRISES, INC.,
AN ILLINOIS CORPORATION, DEVELOPER
(COACH ROAD HILLS SUBDIVISION,N/K/A WINDETT RIDGE SUBDIVISION)
NOW COMES the UNITED CITY OF YORKVILLE, a Municipal Corporation, located in
the County of Kendall, State of Illinois, hereinafter referred to as "CITY ", MICHAEL WHEELER,
ROBERT E.DAVIDSON,JR.,AND GEORGE ENGEL,hereinafter referred to as"OWNERS",and
WISEMAN-HUGHES ENTERPRISES, INC., an Illinois Corporation, hereinafter referred to as
"DEVELOPER".
WITNESSETH
WHEREAS, a Planned Unit Development Agreement was entered into by and between
OWNERS and the CITY on June 8, 2000 providing for the zoning and general plan of development
for certain real property which at that time was located within the boundaries of the CITY; and
WHEREAS, DEVELOPER has entered into a written agreement to purchase the real
property which is the subject matter of said Agreement comprising approximately 163.522 acres,
more or less; and
53541/3 1
WHEREAS, OWNERS are in agreement with DEVELOPER to enter into an Amendment
to said Planned Unit Development Agreement that shall become effective in the event
DEVELOPER, WISEMAN-HUGHES ENTERPRISES, INC., completes its obligation to purchase
the above designated Parcels from OWNERS; and
WHEREAS, the CITY through its City Council, and Staff review of the proposed First
Amendment to the Planned Unit Development Agreement presented by DEVELOPER wishes to
enter into this First Amendment to the Planned Unit Development Agreement; and
WHEREAS, in mutual consideration of DEVELOPER purchasing the subject real property
from OWNERS, and the CITY agreeing to certain Planned Unit Development Agreement
amendments with DEVELOPER which inure exclusively to the mutual benefit of each party hereto,
the parties do agree to enter into the following First Amendment to Planned Unit Development
Agreement:
NOW THEREFORE, in consideration of the mutual covenants and promises herein
contained the parties 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) REAL PROPERTY AFFECTED: This First Amendment shall affect only the terms,
conditions, and general development plan as set out in the original Planned Unit
Development Agreement of June 8, 2000 which are specifically referenced herein. This
First Amendment to Planned Unit Development Agreement shall only become effective in
the event DEVELOPER, WISEMAN-HUGHES ENTERPRISES, INC., completes its
obligation to purchase the above designated Parcels from OWNERS.
53541/8 2
3) AMENDMENTS: The below designated paragraphs of the original Planned Unit
Development Agreement of June 8, 2000 are hereby modified as follows:
A. Existing Zoning
oning
R-3 Townhouse Zoning: R-3 Townhouse zoning is hereby revoked and amended
in existing Exhibit "C" and is to be rezoned by City Ordinance approving this
Agreement to R-2 Single Family District.
B-2 General Business District for 3.93 acre: Paragraph A and zoning Exhibit"C"of
the original Planned Unit Development Agreement are modified to provide 5 acres
of B-2 zoned area. Developer shall provide a front yard setback of thirty feet (30').
Access to the commercial site will be from Route 47 and/or the southern entrance
road. The City agrees to support Developer's application to IDOT for the
aforementioned access points.
B-5 Townhouse Standards: Paragraph 5B of the original, Planned Unit
Development Agreement is hereby revoked.
Regional Trail: The public bike path constructed on the parcel adjacent to the
Com Ed right-of-way shall be dedicated to the City of Yorkville. The Developer
agrees to contribute fifty percent(50%) of the cost of constructing said bike path. In
addition,the Developer agrees to construct a ten foot(10')wide limestone screenings
private path around the detention area, as shown in the Final Plan.
B. Open Space:
(i) Total value of land and improvements to be reduced from $595,000.00 to
$562,000.00, based on the Developer's reduction in density for the project.
53541/8 J
(ii) The land/cash contribution, which will include 7.4 acres of park along the
southern property boundary and 3.4 acres of bike path for a total of 10.8
acres of land, satisfying the land-cash ordinance.
(iii) Developer agrees to contribute the stun of$50,000.00 for the construction of
a"tot lot"on the southern park site,to be constructed by the City within one
year of payment of said $50,000.00. Said payment to be made prior to the
time of recording of the final plat for Unit 2.
(iv) City agrees to accept ownership and maintain the bike path and the southern
park site.
(v) The aforementioned land donation and the contribution for the construction
of the bike path, limestone screenings path, and the tot lot shall fully satisfy
Developer's park obligations.
C. Performance Standards for R-2 One Family Residence District
Model Home Groups: Paragraph A is hereby modified to permit
DEVELOPER to have one (1) model group not exceeding eight (8) homes.
Construction may commence upon final City Council vote approving this Agreement
when aggregate stone surface is in place,upon submission of hold harmless letter to
CITY and the Kendall-Bristol Fire Protection District. Prior to issuance of
occupancy permits for the model homes, water shall be made available within 300'
of said homes. The exact location of the model group shall be as designated on the
Planned Unit Development Preliminary Plan incorporated herein as Exhibit "A".
53541/8 4
Temporary Sales/Office: A temporary Sales/Office structure shall be
permitted,to be removed by DEVELOPER when 95% of the occupancy permits are
issued by the CITY. Prior to construction or installation of the sales/office trailer,
Developer shall submit a Landscape Plan for the temporary office. Furthermore, the
parking lot must have a hard surface before occupancy is permitted. Also permitted
are two (2) signs, 120 sq. ft. each, to advertise the project with locations to be
approved by the City Zoning Officer. One sign shall be removed upon completion
of the entry monument and subdivision sign.
Developer shall be permitted cul-de-sacs up to 900 feet in length as shown
on the Preliminary plan(Exhibit"A").
On lots that are 80 feet in width, the side yard setback shall be nine (9) feet
when the lot is improved with a three-stall garage. Said side yard setback shall apply
to a maximum of 197 lots.
Performance Standards for B-2 General Business District
As to the area zoned B-2 General Business District, the Developer shall include
architectural standards with masonry, cut block, split face block, glass, or EIFS for
the exterior of the buildings constructed in said area. The B-2 General Business
District shall further be bound by the terms of City Ordinance#2000-48 in providing
buffering between the residential and non-residential units:
D. Landscape Buffer: The Landscape buffer parallel with Illinois State Route 47 to be
increased to fifty feet (50') in width where adjacent to residential areas. The
commercial property shall be landscaped in accordance with Ordinance 2000-48.
53541/8 5
Developer shall submit together with its Preliminary Landscape Plan, a site plan
showing location,profile,and building type of its entryway site plan and monuments.
Preliminary Landscape: A new Landscape Plan, to be approved by the City
Council upon recommendation by the City Planner, shall contain agreed upon
buffering between open space areas and the adjacent farm land usages.
E. All commercial height restrictions shall be as permitted by the City Zoning
Ordinance.
F. Contributions. Payments and Fees: DEVELOPER shall submit a traffic study for
approval by the City Engineer. The DEVELOPER reserves the right to obtain a
Recapture Agreement and Recapture Ordinance for fifty percent (50%) of the
associated expenditures to the extent other properties benefit from any said traffic
improvements on Route 47, and excluding any proportionate benefit to
DEVELOPER's real property
Developer agrees to prepay the City's water connection fee of$800.00 per
house for the first 100 homes at the time of recording of the first final plat for any
portion of the Subject Property. Such payment shall be used towards the construction
of a water tower and booster station to serve the Subject Property within three (3)
years of payment. The City shall use its best efforts to acquire the funds to construct
the water tower proposed on the south side of the Fox River serving the zone in
which the Subject Property is located. In the event a water tower is not constructed
within the time frame set out,the funds contributed by Developer shall be held in an
encumbered account for this express purpose of water tower construction, and the
53541/8 6
City will provide as warranted in its earlier Annexation Agreement covering the
Subject Property water service to the Subject Property.
Developer shall be entitled to receive 200 water taps prior to the completion
of the water tower and booster station. If additional funding is not available to the
City,the Developer shall, at the request of the City, prepay an additional 100 water
taps at the recording of the final plat for Unit 2.
Developer agrees to voluntarily pay $1,500.00 per home for a School
Transition Fee for the first 140 homes and $3,000.00 per home for the remaining
140 homes. Such payment shall be at the time of building permit issuance.
The Developer agrees to prepay to the City the development fee for the
municipal building fund of $150.00 per house for one-half of the homes in the
subdivision at the time of recording of the first final plat of subdivision, and the
remaining one-half to be paid at the time of the recording of the second final plat.
G. Sanitary Sewer Recapture: The Developer agrees to pay the City's Sanitary Sewer
Improvement Fee of$1,800.00 per house and the River Crossing fee of$122.50 per
house at the time the first final plat is recorded for any portion of the Subject
Property. The City agrees to use its best efforts to provide sanitary sewer capacity for
the entire development within three (3)years of receipt of said payment. In the event
the City is unable to provide an acceptable method of financing the balance of the
sanitary sewer expansion cost for over-sizing the sanitary sewer mains necessary to
provide sanitary sewer service to the area south of the Fox River, the City shall be
relieved of its obligation to warrant sanitary sewer service for the entire subdivision
under the terms of this agreement.
53541/8 7
Further, if the City requests an additional sum of up to $170,000 for the
sanitary sewer system from the Developer, the City agrees to repay any such
additional advancement within ten (10) years of receipt. All fees shall be used to
provide off-site improvements to serve the Subject Property with sanitary sewer.
All other fees set out in the existing Agreement, paragraph 4B(10), shall
remain in full force and effect.
The City agrees to allow up to 44 homes, located between Route 47 and the
Commonwealth Edison power line parcel, to connect by gravity service to the
existing Route 47 Sanitary Sewer Interceptor on a permanent basis, subject to
engineering approval.
Up to 177 homes may be served on a temporary basis by a pump station and
force main to the Route 47 Sanitary Sewer Interceptor until the Commonwealth
Edison Interceptor is available to serve that portion of the Subject Property.
H) The Planned Unit Development Preliminary Plan of the development attached hereto
and incorporated herein as Exhibit "A" is hereby approved by the CITY subject to
engineering review.
1) PHASING OF FUTURE FINAL PLATS: DEVELOPER shall be permitted to phase
future Final Plat approval for the real property subject to this Agreement.
(i) GENERAL DEVELOPMENT STANDARDS: DEVELOPER hereby agrees
to include Kendall County "Right to Farm Easement" language attached
hereto and incorporated herein as Exhibit "B" on each Final Plat of
Subdivision, and as part of the conveyance language on each Deed for lots
abutting County agricultural zoning.
s3says 8
(ii) Developer shall be permitted to have detention for common areas within the
portion of the site zoned for residential purposes. Developer shall create a
separate Homeowners and Business Owners Association for maintenance of
said detention areas and shall allocate said costs to the Association.
(iii) In order to provide for the maintenance of open space, Developer agrees to
execute a consent to the creation of a Special Tax Service Area and have
approved Ordinance encumbering all property of said subdivision in the event
the homeowners and/or business owner's association for Coach Road Hills
Subdivision fails to carry out its (their) maintenance responsibilities.
(iv) Upon City approval of this Agreement, the Developer may request and the
City shall issue a Mass Grading Permit to allow the Developer to
immediately proceed with the mass grading work in Unit 1 of the subdivision
so long as the Developer follows the NPDES permit requirements.
It is understood by Developer that there may be changes from the
preliminary to final engineering which could affect the mass grading. Any
costs associated with such changes shall be borne by the Developer with no
recourse to the City. It is wholly incumbent on the Developer to assess the
potential risk of such changes and mitigate any additional costs.
J) AUTHORIZATION OF AMENDMENT: OWNERS and DEVELOPER warrant that
the parties hereto have full and express authority to enter into an Amendment of the
original Planned Unit Development Agreement dated June 8, 2000 to which this
Amendment is appended pursuant to that Agreement.
53541/8 9
K) RATIFICATION: All parties hereto agree that except to the extent performance
standards or other terms of the original Planned Unit Development Agreement have
been amended herein, all other terms of the original Planned Unit Development
Agreement dated June 8, 2000 are hereby ratified, re-published, and reconfirmed
between the parties hereto and remain the agreement of the parties. Both OWNERS
and DEVELOPER warrant that DEVELOPER shall stand in the position of a
successor and assignee of OWNERS as to all rights accruing under the original
Planned Unit Development Agreement.
L) All parties agree that a new Planned Unit Development Preliminary Plan
incorporated herein as Exhibit "A" is hereby adopted as part of this Amendment.
M) 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 First Amendment to Planned Unit Development Agreement as well
as the original Planned Unit Development Agreement dated June 8, 2000 shall
remain in full force and effect.
N) Notice until further notice shall be provided at the following addresses:
CITY: City Clerk
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
Copy to: Attorney Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
OWNERS: Michael Wheeler
96 Timberlake Tr.
Oswego, IL 60543
53541/8 10
Robert E. Davidson, Jr.
244 Jeter Rd.
Plano, IL 60545
George Engel
P.O. Box 3636
Oak Brook, IL 60522-3636
DEVELOPER:
Wiseman-Hughes Enterprises, Inc.
975 E. 22nd St.
Wheaton, IL 60187
Copy to: Attorney John Philipchuck
Dommermuth, Brestal, Cobine & West, Ltd.
111 W. Downer Pl., Ste. 300
Aurora, IL 60506
O) 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 parties have executed this Amendment to
Planned Unit Development Agreement this'"day o �✓ , 20Ve-:
CITY: DEVELOPER:
UNITED CITY OF YORKVILLE WISEMAN-HUGHES ENTERPRISES, INC.
r
By c ll _,f �/ By.
Atte Attest: A-0z
Dated: 1W0J tij l '� � Dated: �t Jeo geln ti4, ?.mot/
53541/8 1 1
OWNERS: 7
MICHAEL WHEEL
ROBERT'E. DAVIDSON, JR.
f
GEORGE ENG L
Dated: Uki)k:�J c ?
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
53541/3 I?
Exhibit `B"
KENDALL COUNTY RIGHT-TO-FARM STATEMENT
NOTICE:
Kendall County has a long, rich tradition in agriculture and respects the role that farming
continues to play in shaping the economic viability of the county. Property that supports this
industry is indicated by a zoning indicator- A-1 or Ag Special Use. Anyone constructing a
residence or facility near this zoning should be aware that normal agricultural practices may
result in occasional smells, dust, sights, noise, and unique hours of operations that are not Wical
in other zoning.
Siebert
WINDETT RIDGE
Engineers,Inc.
Preliminar Plan
x0°1R Kendall County
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