Ordinance 1994-14 . ORDINANCE NO.: 1�q —( q
AN ORDINANCE AUTHORIZING THE EXECUTION OF
AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT
OF
DEVELOPMENT RESOURCES INC., AND DIEHL
WHEREAS, it is in the best interest of the UNITED CITY OF THE VILLAGE OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, that a certain Annexation and Planned Unit
Development Agreement pertaining to the annexation and development of the real estate
described in Exhibit "A" attached hereto and made a part hereof, entered into by the UNITED
CITY OF THE VILLAGE OF YORKVILLE; and
WHEREAS, said Annexation and 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; a nd
WHEREAS, the statutory procedures provided in 65 ILCS Section 5111-15 1.1 through
5111-15.1-5 for the execution of said Annexation and Planned Unit Development Agreement has
been complied with.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS
AS FOLLOWS:
SECTION 1: That the Mayor and City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Annexation and Planned Unit Development Agreement
concerning the annexation and development of the real estate described therein, a copy of which
s
• Annexation and 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 passage
and approval as provided by law.
PASSED at a regular meeting of the City Council of the UNITED CITY OF THE
n
VILLAGE OF YORKVILLE on �� l 1994.
SIGNED AND APPROVED by me, as Mayor, this day of 1994.
KE TH K*KT E, JR., ayor
ATTEST:
"'
(30Y LE
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(708)553-9500
Revised October 14, 1993
STATE OF ILLINOIS )
COUNTY OF KENDALL )
DEVELOPMENT RESOURCES, INC. AND DRESDEN
UNITED CITY OF THE VILLAGE OF YORKVILLE
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT
NOW COMES DEVELOPER, DEVELOPMENT RESOURCES, INC., and PAUL
DRESDEN owner of Record of certain real property described in the attached Exhibit "A" and
the United City of the Village of Yorkville, an Illinois Municipality who do hereby enter into this
Annexation and Planned Unit Development Agreement to supplement and in addition to the
Petition for zoning, Zoning Ordinance and drawings submitted therewith to be approved by the
City Council of the United City of the Village of Yorkville upon the following terms and
conditions and in consideration of the various agreements made between the parties agree as
follows:
1. WHEREAS, each party agrees that it is in the best interest of the
owner and the City to annex and develop the subject real property
described in the attached Exhibit "A" as a Planned Unit
development establishing an unique open space character with
interlocking green areas and to provide for the orderly flow of
traffic in various blocks of the developments; and
2. WHEREAS, each party agrees that it is in the best interest of the local
governmental bodies affected and the Developer and owner to provide for specific
performance standards in the development of the subject property; and
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3. WHEREAS, each party agrees that a substantial impact will be had on the services
of the United City of the Village of Yorkville and the Yorkville School District
by developing said real property; and
4. WHEREAS, the Developer has agreed to perform certain conditions substantially
above those requirements made by the United City of the Village of Yorkville;
and that the City has agreed to the varying of certain performance standards for
the benefit of the Developer.
NOW THEREFORE, the parties agree as follows:
A. The subject property shall be annexed to the United City of the Village of
Yorkville and zoned in conformance with each block of zoning set out in the
attached drawing as Exhibit "B" and chart, incorporated as Exhibit "C", and shall
be developed in general conformance with the concept sketch attached as Exhibit
"D" and incorporated by reference.
B. That single family areas of the development shall be governed by the following
standards:
1) Minimum lot size of 9,500 square feet, averag�e lot size of 12,000 square feet
exclusive of road right-of-ways, but including green areas and open space.
2) Side yards at front building setback line of not less than 10% of lot frontage.
3) Lot width at building setback lines of at least a minimum of 75 feet; except
that within the Single-family area of the property, Petitioners may have up to 19
lots having a width at the front building setback line of no less than 70 feet.
Front building setback line shall be defined as the front edge of any house
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constructed on a single-family lot.
4) Each residential lot shall either abut a front sidewalk, or a rear sidewalk trail.
5) i) Total density in the blocks of single family zoning designated as Blocks
6, 7 and 10 on the attached Exhibits "B" and "C" which are North and
West of the major arterial street, shall not exceed 2.78 dwelling units per
acre.
ii) Total density in the block of single family zoning designated as Block
5, which is south of the major arterial street, shall not exceed 3.0 dwelling
units per acre.
iii) Maximum lot coverage in any single family residential area shall not
exceed 30% of total lot coverage.
6) Maximum density in any R-3 Multi-Family designated as Block 4
and 11 area shall not exceed 7.0 dwelling units per acre.
7) Each single-family lot shall have at least one shade tree
planted in the front yard off of the City parkway.
8) The City shall allow a variance from the standard minimum 100' tangent
between reverse curves to a minimum of 25' for minor streets.
9) The City shall allow a variance to permit non-radial lot lines within the
single-family residential districts in order to accommodate the sidewalks,
green trails and concept design approved in this Planned Unit Development
Agreement.
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C. That the Developer shall dedicate to the United City of the Village of Yorkville
for park purposes parcels as designated on the attached drawing (Exhibit "B") as
Block 3 of 4.45 acres and Block 8 of 19.35 acres in conformance with the United
City of the Village of Yorkville Land/Cash Ordinance. All areas dedicated for
parks shall be final graded and seeded; and shall contain at least 75% of useable
land exclusive of detention areas. Said real property shall be dedicated by Deed
to the United City of the Village of Yorkville at the time that any developer seeks
approval of a Final Plat of Subdivision for any Unit within the entire real property
being annexed. Any Developer constructing a detention facility shall be
responsible for its maintenance to the City for two years from the date of
completion of construction.
D. That the Developer shall contribute to the Yorkville School District cash
contributions in lieu of land contributions in conformance with the City of
Yorkville Land/Cash Ordinance.
E. That the development of the property shall be subject to Preliminary Plat,
Engineering approval by City Staff, or outside Review Engineering as elected by
the City, and Final Plat approval by the City Council in conformance with the
City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City
reimbursement of Review Ordinance, City Land-Cash Ordinance, City storm
Water Control Ordinance, City Transition Fee and Infra-Structure Ordinances.
Developer except to the extent varied by this Agreement shall comply with all
setback requirements, minimum lot sizes and in conformance to those
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requirements set out in the United City of the Village of Yorkville's Zoning
Ordinance at the time commencement of construction is initiated. No change in
City of Yorkville Zoning Ordinance, Subdivision Conrol Ordinance, City
reimbursement of Review Ordinance, City Land-Cash Ordinance, City storm
Water Control Ordinance, City Transition Fee and Infra-Structure Ordinances
enacted subsequent to the execution of this Agreement shall alter minimum lot
sizes, setbacks, performance standards on this development. Developers will be
bound by any subsequent changes in BOCA building codes, building material
changes and the like that may be enacted by the City, so long as the same are
applied in a non-discriminatory manner throughout the City.
F. That the development plan shall contain green area/berming along Route 34 and
Eldamain Road bordering the subject parcel, in a landscape area for which
Developer shall submit a drawing to be approved by the City Council containing
a landscape setback area of at least 25 feet in addition to the rear-yard setback
area.
G. That no fencing or buildings shall be permitted on any berming area in said
Subdivision by Developer or any owner. Homeowners may plant shrubbery,
flowers or trees in bermed areas.
H. That no homeowner, or their agent, or employee shall alter in any fashion,
any berming, landscape setback area along Route 34 or Eldamain Road
drainage or detention area within any lot of said Subdivision. Developer
shall by Unit submit a mass-grading plan to the City Engineer for each
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Unit at the time Engineering approval is sought.
I. Each individual lot owner shall be responsible to maintain all berming, set-back
area, or detention area located within the property boundaries of any individual lot
within said Development.
J. That a Homeowners Association shall be created prior to the passage of any Final
Plat of subdivision by the City Council of the United City of the Village of
Yorkville providing for the ownership and maintenance of all internal trails/rear
sidewalks, green areas not dedicated to the City for park purposes, signage and
common areas. In the event said Association fails to maintain said areas, the
Owners and Developers hereby grant their consent to the United City of the
Village of Yorkville to create by Court Order, or applicable Illinois Statutory
procedure, a Special Tax District or Special Services area for the purpose of
upkeep, maintenance and/or renovation of these common areas above set-forth.
K. That Developer shall pay to the United City of the Village of Yorkville, a
transition fee of $1,150.00 per Residential Dwelling Unit, for each Residential
Dwelling Unit built in said subdivision to the United City of the Village of
Yorkville and $1,500.00 for each residential Dwelling Unit to the Yorkville
Community School District 115 in conformance with City Ordinances. The
payment of said transition fee shall be made upon application for building permit
for each individual residential dwelling unit. Said fees are being paid voluntarily
and with the consent of owner and Developer. For purposes of the Multi-family
units specified within this Agreement, each individual townhouse, condominium,
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or other designated unit shall be treated as a dwelling unit.
L. State Route 34 access for said subdivision and improvements shall be constructed
at expense of developer and in conformance with Preliminary Plat and engineering
drawings submitted by Developer which shall be approved by Illinois Department
of Transportation and the City Engineer.
A (1) Petitioners and City agree that in order to secure the development of the
subject property, easements are necessary to be acquired by Developers
off-site of the subject property for dedication to the United City of the
Village of Yorkville. The City makes no representation or warranty to the
Petitioner as to the acquisition of said easements although the City shall
co-operate and use its best efforts with the Developer to acquire the same.
(2) Easement acquisition shall be at the sole cost and expense of Developer.
It shall submit plats of dedication for utility easements in the format and
over locations accessible for reasonable extension of utilities to be
approved by the City Engineer.
(3) Installation of all on-site utility improvements, and
extension of off-site utilities shall be at the sole expense of
the Developer.
(4) The City agrees to negotiate with Developer the passage of
a Recapture Ordinance for any off-site improvements, or
on-site improvements benefitting future developers
contiguous or within a reasonable service area of the
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subject parcel. Any Recapture shall be done by Ordinance
after the City has reviewed Engineers drawings submitted
by Developer, and approved by a majority vote of the City
Council.
(5) Developer acknowledges that it has been informed that
some Recapture may be due to the County of Kendall for
the previous extension of a sanitary sewer line across its
County Jail site. The exact amount of said Recapture shall
be calculated and paid to the County of Kendall at the time
the first final plat of any unit of the subdivision is approved
by the City.
N. (1) Developer agrees to dedicate for roadway purposes, a
sufficient amount of real property contiguous with the East
side of Eldamain Road so as to create a roadway of fifty
feet (50') East from the centerline of Eldamain Road.
(2) Said dedication shall be at no cost to the Grantee, and shall
be dedicated either to the County of Kendall or the United
City of the Village of Yorkville as directed by the City
Council within 120 days of the approval of annexation and
zoning to the City.
(3) At the time Developer improves either Block 9 or 10 of the
attached Exhibit "B", Developer shall be required to make
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a contribution to the improvement of Eldamain Road, not
to exceed 20% of the actual cost of said improvement
contiguous with its property boundary and Eldamain Road.
(4) If signalization is required by the Illinois Department of
Transportation at any highway cut onto route 34, Developer
shall be required to pay 25% of the cost of any such
signalization.
(5) Access onto Route 34 from the subject development shall
be restricted to two entrances east of Rob Roy Creek
(Drainage Ditch) and two entrances west of said waterway;
in conformance with approval from the Illinois Department
of Transportation and the City.
(6) Access on Eldamain Road shall be limited to two cuts for
the commercial area designated as Block 9, and one for the
area designated as Block 10 in the attached Exhibit "B".
O. The Planned United Development being approved as part of this
Agreement shall be constructed in substantial conformance with the
concept sketch attached hereto and incorporated herein as Exhibit
"D". Deviations from that Agreement shall be allowed only if
approved by majority vote of the City Council.
It is acknowledged by each party that Exhibit "D" is a
concept sketch, and that upon Preliminary Plat and Engineering
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Review modifications in sizes and the like may have to be made
in order to comply with the performance standards of the text of
the Agreement or in compliance with the above referenced City
Ordinances.
P. (1) The Exhibits attached to this Agreement are incorporated
herein by reference and are made a part of this Agreement.
(2) Ordinances annexing the subject property and approving the
zoning classification and legal description of each Block
corresponding to a zoning class as set out as Exhibit "C"
shall be approved and executed by the City when the
precise metes and bounds legal descriptions are tendered to
the City.
Q. This agreement shall be binding upon the successors, heirs, and assigns of each
party hereto.
R. If any portion of this agreement were determined to be invalid the remaining
portions thereof shall be in full force and effect between Developer/owner(s) and
the City.
S. This agreement shall be binding upon each party hereto in terms of performance
for a period of fifteen years. In the event construction is commenced within said
fifteen year period all of the terms of this Agreement shall remain enforceable
despite said time limitation, unless modified by written agreement of the City and
Developer-Owner.
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IN WITNE S WHEREOF the undersigned parties have executed this agreement this
LL I
day of 1993.
UNITED CITY OF THE VILLAGE OF YORKVILLE
iwtf DEVELOPMENT RESOURCES, INC.
MAY VELOPER President
ATTEST: AA/ IsT:
t Y DEVELOPER _ Se retary
PAUL DRESDEN, OWNER
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, IL 60560
(708) 553-9500
11
EXHIBIT "A"
That part of the North half of Section 30, Township 37 North, Range 7 East of the
Third Principal Meridian, described as follows: Beginning at a point in the
center of the highway as surveyed, running from Big Rock to the Ottawa and
Chicago Road, said point being South 7 030' East 4 chains from the Northeast
corner of the West half of the Northeast quarter of said Section 30, thence
running along the center of said highway North 87 035' West 37.65 chains , thence
South 70 East 25 chains, thence South 87 035' East 37 chains and 70 links, thence
North 7 030' West 25 chains to the point of beginning in the Township of Bristol,
Kendall County, Illinois.
94. 25 acres M.O.L. (with farmhouse)
P.I.N. 02-30-200-005-0011
ALSO
That part of the Southwest quarter of Section 19, and that part of the Northwest
quarter of Section 30, Township 37 North, Range 7 East of the Third Principal
Meridian, described as follows: Beginning at the Northwest Corner of said
Section 30, thence South on the section line 32, 70 chains , thence South 800 East
30. 15 chains, thence North 37.37 chains to the North line of Section30, thence
West 2. 39 chains to the Southeast corner of Lot 2 of the Southwest quarter of
said Section 19, thence North 90 links, thence westerly to a stake on the West
line of said Lot 2 and 4 chains North of the Northwest corner of said Section 30,
thence South 4 chains to the place of beginning, in Kendall County, Illinois.
6.80 acres M.O.L. (with farmhouse)
P. I.N. 02-19-300-002-0011
96.25 acres M.O.L.
P. I.N. 02-30-100-001-0020
TOTAL ACRES + 197. 30 M.O.L.
EXHIBIT "C"
BLOCK ZONING CLASS
1 B-3 Service Business District
2 B-3 Service Business District
3 Dedicated to the City of Yorkville for Park Purposes
4 R-3 General Residence District (7.0 Dwelling Units Per Acres Maximum Density)
5 R-2 One Family Residence District
6 R-2 One Family Residence District
7 R-2 One Family Residence District
8 Dedicated to the City of Yorkville for Park Purposes
9 B-3 Service Business District
10 R-2 One-Family District
11 R-3 General Residence District (7.0 Dwelling Units Per Acres Maximum Density)
The acreages set out in each Block of zoning as above-described shall not exceed those set out
in Exhibit "B" to this Agreement unless otherwise approved by vote of the City Council.
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EXHIBIT "D" continued