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Ordinance 1995-05 ORDINANCE NO. 1995 - AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR INLAND LAND APPRECIATION FUND, L.P. WHEREAS, it is in the best interest of the (JNfI ED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois, that a certain A me,xation 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 THE VILLAGE OF YORKVILLE be executed; and WHEREAS, said Annexation 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 Section 7-1-8 of the Ihinois Municipal Code, being 65 ILCS 5/11-1501.1 et. seq. for the execution of said Annexation Agreement have been fully complied with by all parties: NOW THEREFORE, FEE 1'1' ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section l: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation and development of r the real estate described therein, a copy of which Annexation 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. PASSED at a regular meeting of the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE on 'd-2 . 1995. SIG D and APPROVED by me, as Mayor, this ''3 day of 1995. 1 MAYOR ATTEST: CfTY CLERK (SEAL) Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, 11, 60560 (708)553-9500 CORNEILS ROAD 8 17 ANNEXATION ZONING EXHIBIT E CORNILS PARCEL 0 I--r7 cl) Inland Partnership Asset Sales Corportation 14 2901 Butterfield Road A, Oak Brook, Illinois 60521 EA i`X 708-218-8000 i W 0 V 7S!, GRL?S,5 A CR RESIDENTIAL, R-2 P.U.D. AREAS 41,0 A(PRE5 k— -7 -7- 4.0 UNITS GROSS ACRE 41 L --7 77 7 COMMERCIAL / INDUSTRIAL RESIDENTIAL ' � 77 M-1 ONLY AREAS AREA V X COMMERCIAL / INDUSTRIAL M-1 / B-3 AREAS W.0 UNIT5,1 GROSS ACM- 25.5, ACRES, PARK SITE L ir PARK SITE ;.-RESIDENTIAL-1 7.5 ACRES •PROPOSED INTERSECTION (TYPICAL) 'A --k COMMERC IAL X 1-4.0-UN175-1 INDUSTRIAL -211.9 'ACRES - ------- M-1 / B-3 47.0 ACRES 81.8 ACRES J06 NUMBER: 9440Z-25 FEBRUARY 20,1995 CoMpAN)' NORTH EDISON TIN. 0 200' 400' 600, COMMON CALTH C, PD CzN LAND PLANNING '- 7�1 LP SERVICES EXHIBIT "A" of That part of Section 17 and part of the West Half of Section 16, Township 37 North, Range 7 E. )f the Third Principal Meridian described as follows: Beginning at the Northwest Corner of the Northeast Quarter of said Section 17; thence easterly, along the North Line of said Northeast Quarter 892.02 feet,thence southerly parallel with the Fast line of the West Half of said Northeast Quarter 495.19 feet; thence easterly parallel with said North line 440.04 feet to a point on the East line of the West Half of said Northeast Quarter;thence northerly along said East line, 495.19 feei to said North line; thence easterly along said North line, 66.07 feet to a point which is 1265.99 feet westerly of the Northeast comer of said Section 17,thence southerly, parallel with said East line,1350.86 feet to the South line extended westerly of Fisher Subdivision; thence easterly along said extended South line and said South line, 1384.18 feet to the westerly right-of-way line of Illinois Slate Route No. 4?;thence southeasterht along Said westerly right-of-way fine, 1568.16 feet to a line drawn parallel with and 190,0 feet northerly of the northerly right-of-way line of the Burlington Northern Railway Company, thence s-_,"iwesteriy along said northerly right-of-way line, 3781.39 feet to the North line of a tract of land conveyed to Commonwealth Edison Company by a Warranty Deed recorded as Doc anent No. 74.2977;thence westerly along said North line, 589.11 feet to a line drawn pare I/el with and 205.0 feet easterly of the West line of the Northeast Quarter of the Southwest Qua ter of said Section 17;thence northerly along said parallel line, 1186.70 feet to the North line )f said Southwest Quarter,thence easterly along said North line, 459.86 feet,thence nort,ierly along the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 17, a distance of 1324.04 feet to the South line of the Northeast Quarter of said Northwest Quarter of Section 17,thence East along said South line, 6.29 feet to a point 660.0 feel West, as riwasured alutig said South line, the Northeast corner of the Southeast Quarter of said Northwest Quarter;thence northerly, parallel with the East line of said Northwest Quarter of said Section 17 a distance of 219.78 feet, thence easterly, parallel with said South line, L .0 feet t East line of said Northwest Quarter;thence northerly along said East line, 1104.67 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois and containing 224.225 acres, and also that part of the public roads adjoining the Mranninn r ngrrihad oronarty. in Bristol Township, Kendall County, Illinois. • 1 of 2 9507156 09/06/1995 12:41P ont IL Recorder Paul Anderson, Kendall County, U ANNEXATION AGREEMENT TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE RT. 47 AND CORNEILS RD I� 0 CHICAGO TITLE INSURANCE CO. Kane County Office Geneva,Illinois 60134 phone 232-2750 W r STATE OF ILLINOIS ) 3/23/95 ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF THE VILLAGE OF YORKVH LE RT. 47 AND CORNEILS RD THIS AGREEMENT is made and entered into this ay of 19� , by and between THE UNITED CITY OF THE VILLAGE OF YORKVILL , Yorkville, Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "City", and INLAND LAND APPRECIATION FUND, L.P., of the City of Oak Brook, DuPage County, Illinois, hereinafter referred to as "Owner-Developer" and F.E. WHEATON and CO., INC., hereinafter referred to as "F.E. WHEATON". WITNESSETH: WHEREAS, the Owner-Developer, INLAND LAND APPRECIATION FUND, L.P. is the owner of land, which lies generally north and west of, and contiguous to the existing corporate limits of the City which said land is more particularly described or. Exhibit "A" attached hereto and made a part hereof and WHEREAS, the Owner-Developer is desirous of using said real property described in Exhibit "A" for B-:3 Highway Business District use, and is desirous of assuring to it that said land can be used for M-1 Limited Manufacturing Use for said purposes; and for R-2 Single-Family P.U.D. Residential Zoning District use if said land is annexed to the City of Yorkville; and WHEREAS, the Owner-Developer has presented, and the City has considered the tracts of land herein described for B-3 Highway Business District/M-1 Limited Manufacturing Use; and R-2 Single-Family P.U.D. Residential Zoning District use, in order to make said real estate a desirable addition to the City; and WHEREAS, the City has requested the Owner-Developer to annex the said land into the City; and its Plan Commission has considered the Petition; and the City Council has heretofore approved the proposed land use and the zoning of the same at the joint request of the Owner- Developer and F.E. WHEATON and the City; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which the land heretofore described will be annexed to the City in an orderly manner; and 1 WHEREAS, the parties agree that the parcel being purchased by F.E. WHEATON shall be defined as the "F.E. WHEATON parcel" and as set out in Exhibit "D"; and when using the terms the "subject property" or the "entire parcel" shall refer to all of the property being annexed to the City in the aforementioned Exhibit "A". WHEREAS, it is the intention of the Owner-Developer upon the annexation of the real property to the City to use portions of said real property described in Exhibit "A" for M-1 Limited Manufacturing Business District/B-3 Highway Business District uses; and portions for R-2 Single-Family P.U.D. Residential Zoning District to be located as shown in the annexation drawing attached hereto and incorporated herein as Exhibit "B", prepared by LPS Land Planning Services and dated December 20, 1994, and in accordance with the terms and conditions of this Agreement; and WHEREAS, the Owner-Developer and their representatives have discussed the proposed Annexation and have had public meetings with the Plan Commission, and the City Council; and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111-15 through 65 ILCS 5111-15.1-5, as amended, as follows: 1. ANNEXATION AND ZONING: The City shall adopt an ordinance annexing to the City all of the real estate described on Exhibit "A" and the City in said ordinance shall zone the real property described on Exhibit "A", subject to the further terms of this Agreement as B-3 Highway Business District/M-1 Limited Manufacturing District as designated on the attached plan incorporated herein as Exhibit "B"; and as R-2 Single-Family PUD Residential District as designated on the attached plan incorporated herein as Exhibit "B". Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "C", B-3 Highway Business District, and M-1 Manufacturing District and said real estate to be used and developed in accordance 65 ILCS 5111-15-1 through 65 ILCS 5/11-15.1-5, and in accordance with the City Subdivision Control and Zoning Ordinances. 2. The City agrees that in consideration of Owner-Developer voluntarily annexing to the City, the City will do the following: A) Owner-Developer and their successors, heirs, and assigns, shall be given one free water and one free City sanitary sewer hook-up, waiving any fee customarily paid to the city on land being annexed to the city for a period of fifteen (15) years from the date of execution of this Agreement. F.E. WHEATON shall be given one free water and one free City sanitary sewer hook-up, waiving any fee customarily paid to the City on land being annexed to the City 2 rT for a period of fifteen years from the date of execution of this agreement. Nothing contained herein shall be deemed to be a waiver of sewer hook-up fees due the Yorkville-Bristol Sanitary District which is a totally independent governmental entity. Except as provided herein this Agreement further shall not be construed as a warranty or promise of water and sewer services for the entire development, since these services are available on a first come, first serve basis from the City. As to the F.E. WHEATON parcel, the City of Yorkville does warrant that it has current capacity available and will reserve capacity for sanitary sewer transmission and water services for the M-1B-3, twenty seven (27) acre F.E. WHEATON parcel intended to be developed by F.E. WHEATON, for which construction is to commence upon annexation and zoning. No representation is made as to availability of sanitary sewer service from Yorkville Bristol Sanitary District. The configuration of said F.E. WHEATON parcel is attached hereto and set out in Exhibit "D" incorporated herein by reference. In the event a water meter in excess of 1" is necessary for water service, the cost of a meter in excess of the V meter, shall be paid by the user. B) The City shall not allow any other developer or other private party to charge Owner-Developer, or their successors, heirs, and assigns for recapture in order to hook-up to a water or sanitary sewer main extension. The parties acknowledge that there is in existence a Recapture Agreement for sanitary sewer and water main extensions to the United City of the Village of Yorkville, as specified in paragraph 6(K) of this Agreement. 3. The parties acknowledge, that a portion of the real property being annexed and zoned B-3 Highway Business District and M-1 Manufacturing District is being transferred to F.E. WHEATON as part of the development of that portion of the subject real property. Sanitary Sewer Main and Water Main shall be extended to the F.E. WHEATON site at its southerly property boundary by the City. The cost of said extension shall be allocated as'follows: A) F.E. WHEATON agrees to advance the cost of a fifteen (15) inch Sanitary Sewer Main and a sixteen (16) inch Water Main extension to the maximum of$250,000.00. The United City of the Village of Yorkville agrees to repay said sum together with an interest rate of 5% per annum. The City reserves the right to repay the balance due early without penalty. F.E. WHEATON shall have no responsibility to pay sums due in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) for the extension of utility services. Interest shall accrue from the time of payment of the F.E. WHEATON advance until paid. F.E. WHEATON agrees to submit the bids for said extensions to the City, which shall be accepted by the city within fourteen (14) days. The City shall have a right to require new or additional bids, if the bid submitted exceeds $250,000.00. i. The City's obligation shall be evidenced by a Bond issued in accordance with the Illinois Municipal Code and the applicable provisions of the City's governing documents, providing for repayment in the manner as prescribed in this Agreement. City's obligation to 3 % repay the Bond shall be limited to the receipt of revenues from those sources defined below (the "Bond Repayment Sources") and said sums shall be remitted to F.E. WHEATON as received by the City. ii. One-half(1/2) of City's share of the Illinois Retailer's Occupation Tax ("Sales Tax") from Sales Taxes paid by F.E. WHEATON; and, iii. One Hundred Percent (100%) of all recapture fees collected by City from any party connecting to the Sewer and Water mains being installed by F.E. WHEATON. This provision shall in no way bind the City to remit money received from any other Recapture Agreement or Ordinance. iv. The Bond shall not have a stated maturity but shall be due and payable until satisfied from the repayment sources identified in the subparagraph above. All recapture monies received on account shall first be applied to accrued and unpaid interest with the balance, if any, to principal. v. The area affected by said recapture shall consist of 410 acres, c ntiguous to the water and sanitary sewer extension, including the subject property, to be defined in a Recapture Ordinance passed by the United City of the Village of Yorkville. B) The entire cost of construction of the roadway from Route 47 to the west end of the F.E. WHEATON parcel of the subject parcel being annexed shall be advanced by F.E. WHEATON. The United City of the Village of Yorkville agrees that in consideration of sums advanced by F.E. WHEATON for road construction and other improvements on-site and off--site, the City will reimburse said co�.r.any, without interest, one-half of the sales tax receipts as received by the City from F.E. �:jfEATON for a period of sixty (60) months from the date F.E. WHEATON commences business at the F.E. WHEATON parcel. Upon the expiration of said sixty (60) month period, the City shall have no further duty to remit any sales tax receipts to F.E. WHEATON. F.E. WHEATON shall provide the City with its sales tax returns so they can verify the amount due. C) Inland Land Appreciation Fund, L.P. and F.E. WHEATON agree that F.E. WHEATON shall be entitled to recapture 50% of its cost (plus interest thereon at the prime rate as published from time to time in the Wall Street Journal) commencing upon disbursement of funds by F.E. WHEATON for that portion of the roadway running along the Northerly boundary line of the F.E. WHEATON property from approximately 550 feet west of Route 47 to the west boundary line of the F.E. WHEATON property. The recapture shall apply to adjoining landowners located north of the F.E. WHEATON within the subject area being annexed under the terms of this Agreement; and the adjoining land contiguous and to the west of the F.E. WHEATON property consisting of approximately 200 acres; and shall be due upon the first to occur of final platting of such property north and west of the F.E. WHEATON property or upon 4 expiration of five years from the annexation date of the property. The United City of the Village of Yorkville shall have no liability for payment of said sums. D) Inland Land Appreciation Fund, L.P. and F.E. WHEATON agree that F.E. WHEATON shall be entitled to recapture 50% of its cost (plus interest thereon at the prime rate as published from time to time in the Wall Street Journal) commencing upon disbursement of funds by F.E. WHEATON for the extension of the sewer and water mains from the southwest corner of the F.E. WHEATON property to the north side of the roadway described in paragraph 3B of this Agreement, from any user to the north and west of the subject property consisting of approximately 200 acres; which shall be due upon the first to occur of final platting of such property north and west of the F.E. WHEATON parcel or upon hook-up to said utility systems. The United City of the Village of Yorkville shall have no liability for payment of said sums. 4. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the Owner-Developer shall comply, in all respects, with all of the provisions of the Zoning Ordinance Subdivision Control Ordinance and Transition Fee Ordinance of the City in the development of the subject real property herein described. In connection with the development of the entire real parcel being annexed, the City, F.E. WHEATON, and Owner-Developer agree as follows: A) The development of the entire property being annexed can be done in phases. B) If at the time of development, the existing City dedications, easements and right-of-ways are not adequate to facilitate sewer, water or other utility extensions, the City agrees to exercise its power of eminent domain, if necessary, to acquire such easements and right-of-ways, including easements from the then present terminus of the existing municipal sanitary sewer and water lines to the boundary line of the subject property being developed, and the cost and expense incurred by the City shall be paid by the Owner and added to the recapture amounts described in this Annexation Agreement and prorated among the parties specified herein. i. The United City of the Village of Yorkville shall acquire an easement for the extension of said sewer and water mains within sixty (60) days of the execution of this Annexation Agreement by the City, Owner-Developer and F.E. WHEATON. The acquisition of easement shall be without any cost or recapture to F.E. WHEATON or Owner-Developer. ii. The United City of the Village of Yorkville will not negotiate any abatement of payment of recapture for the additional sanitary sewer and water main lines being installed by F.E. WHEATON from any party from whom an easement is acquired. iii. The City agrees to reserve 300 p.e. in said sanitary sewer line for the transmission of affluent for the benefit of Owner-Developer, and its successors, heirs and assigns. C) Stormwater detention facilities can be constructed in stages with capacity for stormwater detention facilities based upon the need of each phase as developed. 5 D) If in order to improve the subject property or any portion thereof, the Owner- Developer is required to expend funds to construct or enlarge the City's sanitary sewer and/or water capacity or are required to install in the subject property sewer and/or water lines sized to a capacity to serve properties other than that of the Owner-Developer or if the Owner-Developer is required to install any wells, lift stations, roadways or to dedicate property upon which any of the foregoing are to be installed, Owner-Developer shall be entitled to a recapture from owners of properties benefitting from such improvements exclusive of F.E. WHEATON, and its assigns. The recapture shall provide for reimbursement from such benefitting parties using such improvements on a pro-rata basis. The recapture fee shall be due from said owners of benefitting properties at the time of platting, development or issuance of building permits, whichever shall first occur. The recapture agreement shall provide for interest to be paid to the Owner-Developer at the rate of 8% per annum on all costs or expenses incurred by Owner-Developer for such improvements with interest commencing on the date the costs or expenses for such improvements have been paid by Owner-Developer. The City agrees to hold all public hearings necessary to bird the owner-developer of benefitting property who will use any of the aforementioned improvements. If requested by Owner-Developer, the City agrees pursuant to Chapter 65, Sections 5/9-5-1 of the Illinois Compiled Statutes to execute a contract with Owner-Developer by which the City agrees to reimburse the Owner-Developer for an equitable portion of the costs of such improvements through charges to the owners of benefitting property when and as collected from such owners plus interest at the rate of 8% per annum on all costs and expenses incurred by Owner-Developer for such improvements. Both the area benefitted and the amount of said benefit for each benefitting property owner shall be determined by the City Engineer and memorialized in a Recapture Agreement and Ordinance. The Recapture Contract shall be for a term of twenty years and shall also provide that the City shall collect such fees, interest and administrative fees of the City as the Owner-Developer is entitled to from the owners of the benefitting property. The foregoing recapture for costs and improvements shall include the cost of any land dedicated by Owner-Developer for installation of any improvements thereon; exclusive of the 7.5 acre park parcel donated by Owner-Developer to the City, and any easements acquired at City expense. E) Except as otherwise provided in this Agreement, no change, modification or enactment of any ordinance, code or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the subject property, the Bulk Regulations, including, but not limited to setback, yard, height, FAR and frontage requirements, contribution ordinances and the uses permitted thereunder by the Zoning Ordinance of the City in effect as of the date of this Agreement, except to the extent BOCA Building Codea, Firc Codes and like Ordinances which are non-monetary in nature are from time to time amended affecting in a uniform and non-discriminatory manner all subdivisions within the City, which are not Final Platted, or for which building permits have not been issued. Except as modified by the terms and provisions of this Agreement, the Owner-Developer shall comply in all respects with the conditions and requirements of all Ordinances of the City applicable against property similarly situated and zoned within the City as such ordinances may exist from time to time subsequent to annexation to the City, provided, however, notwithstanding any other provision of this 6 _r Agreement, if there are changes to said Ordinances, regulations, or codes which are less restrictive in their application to similarly situated and zoned lands, then the Owner-Developer and F.E. WHEATON, at their election, shall be entitled to like treatment with respect to the subject property being annexed herein. F. It is understood and agreed that all subsequent amendments of this Agreement, Plats of Subdivision/PUD, or any development of the subject property may be obtained for all or any portion of the subject property without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the subject property not included in the aforedescribed actions. G. It is agreed that other than the existing Ordinances dealing with land cash donations for the schools and parks; and fees for building permits, occupancy permits and tap-on fees, transition fees to the City and Yorkville School District, and review fees, that no additional fees or donations will be required by the City from Owners-Developers or F.E. WHEATON, except as may be charged on a non-discriminatory basis to all residents of the City. H. (i) The City agrees to allow the Owner-Developer to construct and use up to three model units for the R-2/PUD Zoning Classification. The City also agrees to allow the Owner-Developer to construct and use no more than three temporary sales offices which will be removed at such time as the model units being served by such temporary sales office are available for use. The aforesaid temporary use permits shall be issued upon the City's approval of the Final Plat of Subdivision for all or any portion of the residential zoned property. In connection therewith the Owner-Developer using said temporary sales office and model homes shall supply the City with a written Hold Harmless and Indemnification Agreement, acknowledging that the City has no liability to furnish temporary utilities, and acknowledging that the City may be unable to provide adequate police, fire, and utility services due to inadequate improvements provided by Owner-Developer. (ii) The City agrees to allow the Owner-Developer to open for display purposes the model units prior to connection to sanitary sewer and water, subject to Owner-Developer obtaining approval of the City Engineer and City Administrator for temporary water and sanitary sewer services or alternate means of satisfying said lack of available utilities at the model home area being developed. (iii) The City agrees to allow the Owner-Developer to construct asphalt or concrete temporary parking facilities or other appurtenances to the model units and sales office prior to recording the Final Plat of Subdivision for that portion of the subject property upon which the model units and sales offices are to be located. (iv) The City agrees to cooperate with the Owner-Developer and F.E. WHEATON, in the procurement and execution of all necessary applications for permits to the Environmental Protection Agency (EPA), Army Corps of Engineers (Corps) and/or the Illinois Department of Transportation for road access in the construction and use of sanitary sewer and 7 water mains described herein as well as the construction of main roadways and the stormwater detention areas located within wetlands, if any, on the subject property. (v) The parties hereto agree that the subject property may continue to be used for existing agricultural uses and that said uses shall survive the termination of this Agreement. In addition thereto, all such agricultural uses thereof shall be considered legal, non-conforming uses. (vi) The City agrees that, after a Final Plat of Subdivision is recorded and the applicable bonds or letters of credit are delivered to the City, the Owner-Developer shall not be required to construct all on-site and off-site improvements prior to issuance of a building permit for buildings or improvements on any portion of said subdivided land, if consented to by the City Engineer which consent shall not be unreasonably withheld. Rather, the Owners shall be allowed to construct the required off-site and on-site improvements simultaneously with the issuance of building permits for individual lots and/or buildings, but it is understood that building permits may not be issued unless Owners have provided adequate road access (paved roads) to the lots for emergency vehicles and have provided sufficient water supplies for fire fighting purposes. However, all off-site and on-site improvements (except final lift of bituminous asphalt surface on roads and landscaping), serving any said lot or building shall be installed by Owner and approved by the City before an occupancy permit is used for said lot or building (except for the model area) and the balance of the required on-site subdivision improvements not required to serve said lot or building may be constructed in phases, consistent with each recorded Plat of a phase or unit of said development, as the development on each unit progresses. (vii) It is understood that the City will cooperate with the Owner-Developer and F.E. WHEATON in the procurement and/or execution of the necessary permits from the appropriate government bodies to allow the construction of the access drives from the subject property onto Corneils Road and/or Illinois State Route 47 for the development of the subject property. (viii) It is specifically understood and agreed that the Owner-Developer and F.E. WHEATON and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the subject property and the improvements thereon to other persons, trusts, partnerships, firms, or corporations for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as the owners have under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by Owner-Developer on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the City. (ix) It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof; it is further understood and 8 agreed by the parties that the successful consummation of this agreement requires their continued cooperation. (x) The Covenants and Agreement contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the City, its Corporate Authorities and their successors in office and is enforceable by order of the Court pursuant to its provisions and the applicable Statutes of the State of Illinois. (xi) If any provision of this Agreement is declared invalid or illegal by a Court of competent jurisdiction, then said provision shall be excised herefrom and the remainder of the Agreement shall not be affected thereby. 5. In consideration of the Annexation to the City, the United City of the Village of Yorkville will pass and enact resolutions authorizing the issuance of Industrial Development Revenue Bonds, the proceeds of which shall be loaned to F.E. WHEATON for the acquisition of the F.E. WHEATON premises, construction of new manufacturing facilities thereon, purchase of capital equipment and addition of improvements to said premises. The United City of the Village of Yorkville is acknowledged to have no financial responsibility for re-payment of said bonds. 6. In consideration of the United City of the Village of Yorkville annexing the subject parcel of real property, Owner-Developer agree to be bound by the following developmental terms and phasing conditions: A) 41 Acres designated as Area "A" on the attached Exhibit 'B" will be zoned R-2 Single-Family P.U.D. Residential Zoning District, with four units per acre being the maximum allowable density permitted within said site area, to be developed within the terms of the current Subdivision Control Ordinance of the United City of the Village of Yorkville. B) Bernvng and heavy landscaping will be required as a buffer to the exterior of said subdivision, and between different zoning classes within said subdivision. C) A 25.5 acre parcel South of the abovementioned Area "A" designated as "Area B" on the attached Exhibit "B", will be zoned M-1 Limited Manufacturing District and after a period of fifty-four (54) months, from the date of execution of this agreement, the zoning for Area B can be changed upon the request of Owner-Developer without further public hearings to R-2 Single Family PUD, Residential Zoning District with four units per acre being maximum allowable density permitted within said site area. D) A 21.9 acre parcel south of the above mentioned 25.5 acre parcel designated as Area "C" on attached Exhibit "B" will be zoned M-1 Limited Manufacturing District for a period of fifty-four (54) months, after which it can be modified upon the request of Owner- Developer, without further public hearings to a residential use R-2 Single-Family P.U.D. 9 Residential Zoning District with four units per acre being maximum allowable density permitted within said site area. However, if any portion of the area zoned M-1 Manufacturing District is sold after the F.E. WHEATON sale, Owner-Developer shall leave on a one-to-one base the same amount of acreage in Area C for M-1 Limited Manufacturing District use that is sold for manufacturing use. E) The Owner�Developer shall deed the 7 acre wooded parcel as designated on the attached Exhibit "B" to the City for a future water tower, well site, and Lift Station immediately adjacent and north of the new industrial road. This transfer will not count as a credit against any park land required for this project with the City of Yorkville, Yorkville School District or their departments. F) The Owner-Developer agree to contribute one-half of the cost to construct a new One Million gallon water tower with pumps on the site mentioned in item 6(E) at the conclusion of the next sale after F.E. WHEATON that has a user or group of users in excess of 100 p.e.. The contribution of Owner-Developer shall not exceed $500,000.00. The City shall use its best efforts, and will apply for a State of Illinois Department of Commerce and Community Affairs grant for funds for up to 50% of this cost. Also, the City will establish a service area for recapture (including interest) back to any Owner-Developer or the City for the costs of this construction. The Owner-Developer cost share of this tank and pumps will be satisfied by virtue of supplying the land and front funding the construction of said project. The said recapture shall be for a period of twenty years. In the event any owner or developer on a site other than that being annexed hereunder has a need for water supply, that user shall advance the share of funds necessary for building a water tower. The Owners-Developers under this Agreement will then at the time of final platting of each unit of this development, other than the F.E. WHEATON parcel, shall share in the cost of said water tower in proportion to their areas benefitted pursuant to a written Recapture Ordinance to be prepared by the City. Neither the United City of the Village of Yorkville nor Owner-Developer, nor F.E. WHEATON shall be under any duty to expend funds or build a water tower if the United City of the Village of Yorkville does not receive grant funds for its contribution to build said water tower. G) In the event Owner-Developer expend funds for the construction of a water tower, they shall be given a reservation for the amount of use of water service necessary to service their development out of that expanded utility, before capacities of that utility is exhausted. H) The Owner-Developer will be responsible for the construction of all internal on-site roads in the development including the cost of any future traffic signal at Route 47. Recapture for 75% of the Route 47 entrance/signal for the road to be built by F.E. WHEATON will be established to the lands just east of this entrance at the time of development of this parcel 10 and use of this entrance. The City shall have no liability to pay the cost of any improvement for signalization or road improvements at the entrance of said development to Route 47. The Owner- Developer share for any signal at Rt. 47 and Comiels Road shall be determined by an independent traffic study which study shall determine the percentage of use, and contribution, towards the costs of such signal by the surrounding landowners. The latest City specifications for improvements will apply to all development and construction. I) Owner-Developer agrees that when a lift station is installed on the subject property, the sewer line shall be extended to a point which is contiguous with the boundary line of Lot 2 of the F.E. WHEATON property; as shown in the attached Exhibit "E". J) The Owner-Developer acknowledge that they must annex to the Yorkville- Bristol Sanitary District, which has been completed and further acknowledge that annexation to the City in no way guarantees sewer service to the entire parcel by the Sanitary District. K) Owner-Developer acknowledges that a recapture is required by the City for sanitary sewer and water previously extended that will serve this parcel in the amount of $1,500.00 per acre for commercial or industrial and $400.00 per residential housing unit. 7. BINDING EFFECT AND TERM: This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement assignees, lessees, and upon any successor municipal authorities of said City; so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the City. 8. NOTICES: Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: City Clerk 610 Tower Lane Yorkville, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge St. Yorkville, IL 60560 If to the Owners: Inland Land Appreciation, Fund L.P. 2901 Butterfield Road Oak Brook, IL 60521 Attn: Robert H. Baum 11 If to F.E. WHEATON: F.E. Wheaton 703 Wesley St. Wheaton, EL 60187 Attn: Jeff Brown, Pres. or to such other addresses as any party may from to time designate in a written notice to the other parties. 9. ENFORCEABILITY: This Agreement shall be enforceable in any Court of competent jurisdictions by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or Court Decisions, said enforceable portion of this agreement shall be exercised therefrom and the remaining portions thereof shall remain in full force and effect. 10. ENACTMENT OF ORDINANCES: The City agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of 'M 1g R(k . 19—a�. UNITED CITY OF THE VILLAGE OF YORKVILLE Kendall County, Illinois BY:"'-��- KE&kTH K. KIT O , JR., M or ATTEST: ITY ERk 12 Vi DE ALDERMAN ALD N TLDERMAN AN ALDERMAN �a OWNER-DEVELOPER: INLAND LAND APPRECIATION FUND, L.P. , a Delaware limited partnership, by Inland Real Estate Investment Corporation, a Delaware corporation, general partner BY: ATTEST: F.E. WHEATON and CO., INC. BY: ATTEST. 41 -" LAW OFFICES OF DANIEL J. KRAMER 1107A S. Bridge St. Yorkville, IL 60560 (708)553-9500 13 EXHIBIT "A" April 17, 1995 V Description for Inland Real Estate #5650 Total Area to be Annexed That part of Section 17 and part of the West Half of Section 16, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the Northwest Corner of the Northeast Quarter of said Section 17, thence easterly, along the North Line of said Northeast Quarter 892.02 feet; thence southerly parallel with the Fast line of the West Half of said Northeast Quarter 495.19 feet,thence easterly parallel with said North line 440.04 feet to a point on the East line of the West Half of said Northeast Quarter;thence northerly along said East line, 495.19 feet to said North line; thence easterly along said North line, 66.07 feet to a point which is 1265.99 feet westerly of the Northeast corner of said Section 17,thence southerly, parallel with said East line,1350.86 feet to the South line extended westerly of Fisher c '-division; thence easterly along said extended South line and said South line, 1384.18 feet to the westerly right-of-way line of Illinois State Route No. 47,thence southeasterly along said westerly right-of-way line, 1.568.16 feet to a fine drawn parallel with and 190.0 feet northerly of the northerly right-of-way line of the Burlington Northern Railway Company, thence sout'vesterly along said northerly right-of-way line, 3781.39 feet to the North line of a tract of land conveyed to Commonwealth Edison Company by a Warranty Deed recorded as Doc rment No. 74-2977; thence westerly along said North line, 589.11 feet to a line drawn pare.Ile/ with and 205.0 feet easterly of the West line of the Northeast Quarter of the Southwest Qua ter of said Section 17; thence northerly along said parallel line, 1186.70 feet to the North line )f said Southwest Quarter;thence easterly along said North line, 459.86 feet,thence nort,ierly along the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 17, a distance of 1324.04 feet to the South line of the Northeast Quarter of said Northwest Quarter of Section 17;thence East along said South line, 6.29 feet to a point 660.0 fe.._ ,Nesl, ds wedsured aloti 1' said South line, the Northeast corner of the Southeast Quarter of said Northwest Quarter; thence northerly, parallel with the East line of said Northwest Quarter of said Section 17 a distance of 219.78 feet, thence easterly, parallel with said South line, r 660:0 feet to the East line of said orthwest Quarter,thence norther._ Tong.."id East line, 1104.67 feet to the point of beginning in the United City of the Village of Yorkville, Kendall (,.,Linty, Illinois and containing 224.225 acres, and also that part of the public roads adjoining the foregoing described property, in Bristol Township, Kendall County, Illinois. 7 17, 1995 EXHIBIT "A" [Legal Description for Inland Rea/Estate #5650 1—al Area to be Annexed That part of Section 17 and part of the West Half of Section 16, Township 37 North, Range 7 Fast of the Third Principal Meridian described as follows: Beginning at the Northwest Corner of the Northeast Quarter of said Section 17; thence easterly, along the North Line of said Northeast Quarter 892.02 feet;thence southerly parallel with the East line of the West Half of said Northeast Quarter 495.19 feet,thence easterly parallel with said North line 440.04 feet to a point on the East line of the West Half of said Northeast Quarter;thence northerly along said East line, 495.19 feet to said North line; thence easterly along said North line, 66.07 feet to a point which is 1265.99 feet westerly of the Northeast corner of said Section 17, thence southerly, parallel with said East line,1350.86 feet to the South line extended westerly of Fisher Subdivision, thence easterly along said extended South line and said South line, 1384.18 feet tc. .,to westerly right-of-way line of Illinois State Route No. 47;thence southeasterly along said westerly right-of--way line, 1568.16 feet to a line drawn parallel with and 100.0 feet northerly of the northerly right-of-way line of the Burlington Northern Railway Company, thence sounwesterly along said northerly right-of-way line, 3781.39 feet to the North line of a tract of land conveyed to Commonwealth Edison Company by a Warranty Deed recorded as Doc anent No. 74-2977;thence westerly along said North line, 589.11 feet to a line drawn pars Tel with and 205.0 feet easterly of the West line of the Northeast Quarter of the Southwest Qua ter of said Section 17; thence northerly along said parallel line, 1186.70 feet to the North line )f said Southwest Quarter,thence easterly along said North line, 459.86 feet,thence nort,lerly along the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 17, a distance of 1324.04 feet to the South line of the Northeast Quarter of said Northwest Quarter of Section 17,thence East along said South line, 6.29 feet to a point 660.0 fe. Jesl, ds ffledsufed alwig said South line, the Northeast corner of the Southeast Quarter of said Northwest Quarter; thence northerly, parallel with the East line of said Northwest Quarter of said Section 17 a distance of 219.78 feet; thence easterly, parallel with said South line, a feet to the East line _ .se 'orthwest Quarter,thence northe Won. id� t line, 104.67 feet to the point of beginning in the United City of the Village of Yorkville, Kendall 7.ty, Illinois and containing 224.225 acres, and also that part of the public roads adjoining the foregoing described property, in Bristol Township, Kendall County, Illinois. JAMES 14. OLSON ASSOCIATES, LID. • 'S OFESSIONAL LAND 'Yr } LAND PLANNERS 107 WEST MADISON STREET YORKVILLE, ILLINOIS 60560 553-0050 FAX 553-0964 EXHIBIT "C3" April 17, 1995 Legal Description for InLand Real Estate #5650 Residential Area C- 21.900 Acres That part of Section 17, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northeast Corner of the Northwest Quarter of the Northeast Quarter of said Section 17,thence easterly, along the North Line of said Northeast Quarter 66.07 feet to a point which is 1265.99 feet westerly of the Northeast corner of said Section 17,thence southerly, parallel with .id East line, 1338.57 feet, thence westerly along a line which forms an angle of 90 059133" with the last described course, measured counter-clockwise therefrom, 476.06 feet;thence southerly along a line which forms an angle of 89 028'38" with the last described course, measured clockwise therefrom, 691.44 feet; thence westerly, at right angles to the last described course, along a line hereinafter referred to as Line 'A", 875.77 feet for a point of beginning, thence southerly parallel with the East line of the West Half of said Section 17, a distance of 842.25 feet; thence southwesterly along a line which forms an angle of 110 024'21"with the last described course, measured counter-clockwise therefrom, 1261.68 feet to a line drawn parallel with and 205.0 feet, normally distant, easterly of the West line of the Northeast Quarter of the Southwest Quarter of said Section 17, thence northerly along said parallel line 630.0 feet to the North line of said Southwest Quarter of said Section 17,thence easterly along said North line, 459.86 feet to the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 17, thence northerly along said West line, 624.04 feet to Line A extended from the East; -mce easterly along said extended line, 725.00 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois and containing 21.900 acres. EXHIBIT "C" 10-713-1 10-7D-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE D. B-3 SERVICE BUSINESS DISTRICT SECTION: 10-713-1: Permitted Uses 10-713-2: Special Uses 10-713-3: Lot Area 10-713-4: Yard Areas 10-713-5: Lot Coverage 10-7D-6: Maximum Building Height 10-7D-7: Off-Street Parking and Loading 10-7D-1: PERMITTED USES: All uses permitted in the B-2 District. Agricultural implement sales and service. Appliance - service only. Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Electrical equipment sales. City of Yorkville 10-7D-1 D-1 Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Mini warehouse storage. Miniature golf. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Skating rink. Sports arena. Stadium. Taxicab garage. Tennis court - indoor. Trailer rental. r'J Truck rental. Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-74; amd. Ord. 1986-1, 1-9-86; Ord. 1988-7, 4-14-88) City of Yorkville 10-7D-2 1 u-i'D-4 10-7D-2: SPECIAL USES: All special uses permitted in the B-2 District. Amusement park. Boat launching ramp. Boat rental and storage. (Ord. 1973-56A, 3-28-74) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand ' (10,000) square feet. (Ord. 1986-1, 1-9-86) 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-74) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-3 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-86; 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-74) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30') shall be City of Yorkville 10-713-4 10-7D-7 required. A transitional yard shall be maintained only when the `. adjoining residential district is zoned R-1 or R-2 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87) 10-713-5: LOT COVERAGE: No more than-fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-713-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-74) 10-713-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) e City of Yorkville J 10-8A-1 10-8A-1 CHAPTER 8 MANUFACTURING DISTRICTS ARTICLE A. M-1 LIMITED MANUFACTURING DISTRICT SECTION: 10-8A-1: Uses Permitted 10-8A-2: Conditions of Permitted Use 10-8A-3: Special Uses 10-8A-4: Yard Areas 10-8A-5: Lot Coverage 10-8A-6: Floor Area Ratio 10-8A-1: USES PERMITTED: The following uses are permitted: A. Production, processing, cleaning, testing or repair, limited to the following uses and products: Advertising displays. Apparel and other products manufactured from textiles. Art needlework and hand weaving. Automobile painting, upholstering, repairing, reconditioning and body and fender repairing, when done within the confines of a structure. Awnings, Venetian blinds. Bakeries. Beverages - nonalcoholic. Books - hand binding and tooling. Bottling works. City of Yorkville 10-8A-1 10-8A-1 Brushes and brooms. Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature. Cameras and other photographic equipment and supplies. Canning and preserving. Canvas and canvas products. Carpet and rug .cleanin 9 Ceramic products - such as pottery and small glazed tile. Cleaning and dyeing establishments when employing facilities for handling more than one thousand five hundred (1,500) pounds of drygoods per day. Clothing. Cosmetics and toiletries. Creameries and dairies. Dentures. Drugs. Electrical appliances, such as lighting fixtures, irons, fans, toasters and electric toys. Electrical equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery. Electrical supplies, manufacturing and assembly of such wire and cable assembly switches, lamps, insulation and dry cell batteries. Food products, processing and combining of (except meat and fish) - baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing and pressing. Fur goods, not including tanning and dyeing. City of Yorkville 10-8A-1 1 U-aA-1 Glass products from previously manufactured glass. Hair, felt and feather products (except washing, curing and dyeing). Hat bodies of fur and wool felt. Hosiery. House trailers, manufacture. Ice, natural. Ink mixing and packaging and inked ribbons. Jewelry. Laboratories - medical, dental, research, experimental, and testing - Provided there is no danger from fire or explosion nor offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences. Laundries. Leather products, including shoes and machine belting, but not including tanning and dyeing. Luggage. Machine shops for tool, die and pattern making. Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment. Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils. Musical instruments. Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers. Paper products, small, such as envelopes and stationery, bags, boxes, tubes and wallpaper printing. City of Yorkville 10-8A-1 10-8A-1 Perfumes and cosmetics. Pharmaceutical products. Plastic products, but not including the manufacturing of the raw materials. Precision instruments - such as optical, medical and drafting. Printing and newspaper publishing, including engraving, photo-engraving. r Products from finished materials - p lastic bone cork, felt, fiber, copper, fur, glass, hair, horn, leather, precious and semi-precious stones, rubber, shell or yam. Public utility electric substations and distribution centers, gas regulations centers and underground gas holder stations. Repair of household or office machinery or equipment. Rubber products, small, and synthetic treated fabrics (excluding all rubber and synthetic processing), such as washers, gloves, footwear, bathing caps and atomizers. + Signs, as regulated by Chapter 12 of this Title. Silverware, plate and sterling. Soap and detergents, packaging only. Soldering and welding. Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods. Statuary, mannequins, figurines and religious and church art goods, excluding foundry operations. Storage and sale of trailers, farm implements and other similar equipment on an open lot. t Storage of flammable liquids, fats or oil in tanks each of fifteen thousand (15,000) gallons or less capacity, but only after the City of Yorkville 10-8A-1 10-8A-1 locations and protective measures have been approved by local governing officials. Storage of household goods. Textiles - spinning, weaving, manufacturing, dyeing, printing, knit goods, yam, thread and cordage, but not including textile bleaching. Tool and die shops. Tools and hardware, such as bolts, nuts and screws, doorknobs, drills, handtools and cutlery, hinges, house hardware, locks, nonferrous metal castings and plumbing appliances. Toys. Truck, truck tractor, truck trailer, car trailer or bus storage yard, when all equipment is in operable condition, but not including a truck or motor freight terminal, which are treated under Section 10-8-1 of this Title. Umbrellas. Upholstering (bulk), including mattress manufacturing, rebuilding and renovating. Vehicles, children's; such as bicycles, scooters, wagons and baby carriages. Watches. Wood products, such as furniture, boxes, crates, baskets and pencils and cooperage works. Any other manufacturing establishment that can be operated in compliance with the performance standards of Section 10-8-1 of this Title without creating objectionable noise, odor, dust, smoke, gas, fumes or vapor; and that is a use compatible with the use and occupancy of adjoining properties. B. Wholesaling and warehousing: Local cartage express facilities (but not including motor freight terminals). City of Yorkville 10-8A-1 10-8A-1 C. Public and community service uses as follows: Bus terminals, bus garages, bus lots, street railway terminals or streetcar houses. Electric substations. Fire stations. Municipal or privately owned recreation buildings or community centers. Parks and recreation areas. Police stations. Sewage treatment plants. Telephone exchanges. Water filtration plants. Water pumping stations. Water reservoirs. D. Residential uses as follows: Dwelling units for watchmen and their families when located on the premises where they are employed in such capacity. E. Miscellaneous uses as follows: Accessory uses. Radio and television towers. Temporary buildings for construction purposes for a period not to exceed the duration of such construction. F. Off-street parking and loading as permitted or required in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville 10-8A-2 1 u-8A-3 10-8A-2: CONDITIONS OF PERMITTED USES: All permitted uses are subject to the following conditions: A. Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in Section 10-8-1 of this Title. B. All business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise specified. Within one hundred fifty feet (150') of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this District may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight feet (8') high, but in no case lower in height than the enclosed storage and suitably landscaped. However, open off-street loading facilities and open off-street parking of motor vehicles under one and one-half (11/2) tons' capacity may be unenclosed throughout the District, except for such screening of parking and loading facilities as may be required under the provisions of Chapter 11 of this Title. C. Uses established on the effective date hereof and by its provisions are rendered nonconforming, shall be permitted to continue subject to the regulations of Chapter 10 of this Title. D. Uses established after the effective date hereof shall conform fully to the performance standards set forth in Section 10-8-1 of this Title. (Ord. 1956-A, 3-28-74) 10-8A-3: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use which may be allowed as a special use in the B-3 Business District. Any use permitted in the M-2 General Manufacturing District. Airport or aircraft landing fields. Meat products. Motor freight terminals. City of Yorkville 10-8A-3 1.. )A-6 Planned developments, industrial. Sanitary landfill. Stadiums, auditoriums and arenas. (Ord. 1973-56A, 3-28-74; 1994 Code) 10-8A-4: YARD AREAS: No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such building: A. Front Yard: On every zoning lot, a front yard of not less than twenty ' five feet (25') in depth shall be provided. However, where lots within .w. the same block and comprising forty percent (40%) of the frontage on the same street are already developed on the effective date hereof with front yards with an average depth of less than twenty five feet (25'), then such average depth shall be the required front yard depth for such frontage in said block. B. Side Yards: On every zoning lot, a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent (10%) of the lot width, but need not exceed twenty feet (20') in width. (Ord. 1973-56A, 3-28-74) 10-8A-5: LOT COVERAGE: Not more than sixty percent (60%) of the area of a lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-8A-6: FLOOR AREA RATIO: Not more than 0.8. (Ord. 1973-56A, 3-28-74) City of Yorkville