Ordinance 1993-28 3 9 BK 6 3 g PG.l-2
ORDINANCE NO.
ORDINANCE APPROVING
PLANNED UNIT DEVELOPMENT AGREEMENT
FISHER SPECIAL USE / B-2
WHEREAS, DEAN FISHER and DOUG FISHER as record owners in fee
simple title of a tract of land which is contiguous and adjacent to Route
34 in the city limits of the United City of the Village of Yorkville, and who
have entered into a Planned Unit Development Agreement for Special Use/13-2
Zoning for said real property for the location of a CARSTAR COLLISION
CEN I ER aila MIDAS MUFFLER S,/OP, heretO as Exhibit
"A"; and
WHEREAS, the United City of the Village of Yorkville deems it to be
in its best interest to approve the Planned Unit Development, Special Use/13-2
Zoning for said property.
BE IT ORDAINED by the Mayor and City Council of the United City
of the Village of Yorkville, Kendall County, Illinois:
That the zoning of the subject property is approved subject to the
terms and conditions in a Planned Unit Development Agreement executed
by the United City of the Vaillage of Yorkville on August 26, 1993, as
Special Use/B-2.
SIGNED and approved by the May oft e United City of the Village
of Yorkville, this Q3 day of 1993.
KEN TH K. KI E R. , M or
FILED FOR RECORD
ATTEST- KENDALL COUNTY ILL
DOC. # 9 d b QaZ
~
6Uty Clerk JAN 6 6`1994
___. RECORDrZR OF DEEDS+
ORDINANCE NO.
ORDINANCE APPROVING
PLANNED UNIT DEVELOPMENT AGREEMENT
FISHER SPECIAL USE / B-2
WHEREAS, DEAN FISHER and DOUG FISHER as record owners in fee
simple title of a tract of land which is contiguous and adjacent to Route
34 in the city limits of the United City of the Village of Yorkville, and who
have entered into a Planned Unit Development Agreement for Special Use/13-2
Zoning for said real property for the location of a CARSTAR COLLISION
CENTER and MIDAS MUFFLER SHOP, and is attached hereto as Exhibit
"A"; and
WHEREAS, the United City of the Village of Yorkville deems it to be
in its best interest to approve the Planned Unit Development, Special Use/B-2
Zoning for said property.
BE IT ORDAINED by the Mayor and City Council of the United City
of the Village of Yorkville, Kendall County, Illinois:
That the zoning of the subject property is approved subject to the
terms and conditions in a Planned Unit Development Agreement executed
by the United City of the Vaillage of Yorkville on August 26, 1993, as
Special Use/13-2.
SIGNED and approved by the Mayor f th United City of the Village
of Yorkville, this _�3day of 993.
K N TH K. IT OE R. , Ma
ATTEST:
40 A I (,q!t
ity I rk
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
UNITED CITY OF THE VILLAGE OF YORKVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
FISHER SPECIAL USE/B-2
NOW COME DEVELOPERS, DEAN FISHER and DOUG FISHER, and DOUG FISHER,
owner of certain real property described in the attached Exhibit "A", which is contiguous and
adjacent to Route 34 in the city limits of the UNITED CITY OF THE VILLAGE OF
YORKVILLE, an Illinois Municipality, who do each hereby enter into this Planned Unit
Development Agreement to supplement and in addition to the Petition for Zoning 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 owners and the City,
to develop the subject real property described in the attached Exhibit "A" as a
Planned Unit Development; and
2. WHEREAS, each party agrees that it is the best interest of the local government
bodies affected and the Developers, to provide for specific performance standards
in the development of the subject property; and
3. WHEREAS, each party agrees that a substantial impact will be had on the services
of the UNITED CITY OF THE VILLAGE OF YORKVILLE by developing said
1
property; and
4. WHEREAS, the Developers have agreed to perforce certain conditions
substantially above those requirements made by the UNITED CITY OF THE
VILLAGE OF YORKVILLE:
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
A. The subject property shall be rezoned from B-2 Business District to B-2 Special
Use, permitting the operation of a CARSTAR COLLISION REPAIR SHOP and
MIDAS MUFFLER SHOP. DEAN FISHER and DOUG FISHER shall not be
responsible for the operation or enforcement provisions as to MIDAS MUFFLER.
MIDAS MUFFLER and its operator shall be required to comply directly with the
CITY as to its plan and design.
B. That said property shall not be used for purposes other than those above-specified,
unless similar in nature.
C. That the development of the property shall be subject to a detailed site plan
containing setbacks, heights of buildings not to exceed those set out in the CITY
OF YORKVILLE'S Zoning Ordinance at the time of commencement of
construction, and providing for a storm water drainage and landscape plan.
D. That the development plan shall contain screening, fencing, or green area/berming
with the bordering property on the West and North.
E. That the prior to commencement of construction, developer will submit a detailed
storm water engineering plan taking into account existing run-off, future stated
run-off with the construction of two (2) commercial buildings on the subject
2
property, and in compliance with the Yorkville Storm water Run-Off Ordinance.
F. That approval of this Planned Unit Development Agreement is in compliance with
the Plat Act of the State of Illinois, as well as the above-referenced plans, prior
to commencement of any construction.
G. This agreement shall be binding upon the successors, heirs, and assigns of each
party hereto.
H. If any portion of this agreement were determined to be invalid, the remaining
portions thereof shall be in full force and effect between Developers and the City.
I. The development of the parcel for the MIDAS MUFFLER SHOP shall be subject
to the installation of the storm water detention facility, driveway cut, and
landscaping plan approved by the UNITED CITY OF THE VILLAGE OF
YORKVILLE City Council, and attached as Exhibit "B-1" to this Agreement, and
the site plan, attached as Group Exhibit "C". DEAN FISHER and DOUG
FISHER shall not be responsible for compliance with site plan as to MIDAS
MUFFLER SHOP.
J. The approval of a CARSTAR COLLISION CENTER is expressly conditioned
upon the owner, or his successors, heirs, and assigns fulfilling the following terms
and conditions:
1. Petitioner will meet or exceed all EPA, IEPA, OSHA standards, and
ordinance performance standards of the UNITED CITY OF THE
VILLAGE OF YORKVILLE, as set out in the CITY M-1 Zoning
Ordinance, or any other applicable governmental regulation and agency as
3
required by law with respect to particulate emission, odor, sound levels,
and storage of chemicals on premises, and the like.
Construction, and Operating Permits, if necessary, shall be obtained from
the Illinois Environmental Protection Agency, or CITY shall be furnished
with copies of any correspondence received by developer indicating that
such permits are not necessary.
2. Petitioner will install, properly maintain, and use at all times, an approved
spray booth, prep decks, sanding vacs, and mixing room to allow safe
environmental operation, all of which will be within the approval and
tolerance guidelines established by the EPA, IEPA, OSHA, or any oth!r
similar governmental agency, including those contained, if any, within the
ordinances of the UNITED CITY OF THE VILLAGE OF YORKVILLE.
3. Petitioner will install parking and designer fencing to allow storage of
damaged vehicles, all as described in the Landscape Plan, attached hereto
as Exhibit "B-2". Parking area to have designated stalls for vehicle storage
as delineated in Group Exhibit "C".
All fencing shall be maintained in a sightly condition by Owner.
4. No outdoor parts storage shall be allowed.
5. Petitioner will install landscaping to buffer noise and appearance in
conformance with the landscape plan attached hereto as Exhibit "B-2".
Tools and equipment shall not be modified to delete noise-muffling
equipment.
4
6. Petitioner will maintain a proper license to store, and will remove
hazardous waste material in a legal and timely manner, but not less than
quarterly. Access to disposal logs of dangerous or hazardous materials
shall be available to the CITY during normal working hours upon
appointment.
7. Site lighting and site detention shall be in conformance with the attached
Exhibit "C".
8. No access off Kendall Drive, this area to be maintained as a green area,
as shown in Group Exhibit "C".
9. Sixteen foot (16') minimum required handicap parking with proper ramps
and designation.
10. Green areas shall be curbed at Developer expense, as described in the
attached Group Exhibit "C".
11. Developer shall comply with the CITY Set-Back Ordinance of Fifty Feet
(50') off of the State right-of-way on Route 34, with the building to meet
the set-back line described in Group Exhibit "C".
12. That Petitioner shall provide the City Engineer with a cross section and
vertical site section of the subject property, as described in Group Exhibit
11C„
13. That with respect to the operation of the CARSTAR COLLISION facility
on the subject real property, the CITY will conduct reasonable inspections
for storage of hazardous materials, licenses, permits and preventive
5
maintenance practices, one time per calendar year, for the first four years
of operation. Said inspections shall be conducted on an announced basis
with 48 hours advanced notice to the owner; and owner shall contribute up
to $500.00 per year for the cost of one such inspection, but in no event
shall owner pay more than actual cost. The CITY may conduct particulate
emission and noise level tests at the owner's lot line to determine
compliance with EPA, IEPA or OSHA standards at the CITY'S expense.
Copies of all test results shall be provided to owner without any
additional charge. In the event said inspections or testings shall indicate
an existing violation of applicable EPA, IEPA, or OSHA standards (or any
other similar governmental agency), then the owner shall have a reasonable
period of time, not to exceed thirty (30) days to either contest the findings
by the presentment of additional test results, or alternatively, to take
corrective action to remedy any alleged violation, provided that any
violation found to have occurred shall be remedied within sixty (60) days
of notice to the owner, or the CITY may elect to take enforcement action
under its applicable City ordinances.
14. The access point for the subject businesses shall be a joining driveway as
described in Exhibit "B-1", "B-2" and Group Exhibit "C".
15. That the equipment to be used in the subject facility shall be approved to
be in compliance with the existing EPA and Illinois EPA standards, with
6
respect to noise, particulate emission, and storage of hazardous materials.
16. Any Complaint received from any citizen shall be responded to by the City
Administrator with forty-eight (48) hours; and brought to the attention of
the City Council of the UNITED CITY OF THE VILLAGE OF
YORKVILLE.
The facility of Owner shall co-operate with the CITY OF YORKVILLE
Administrative Staff in responding within ten days to any Complaints
received by the CITY OF YORKVILLE as to the operation of said facility.
If the Owner is not satisfied with the staff recommendation of the CITY
OF YORKVILLE, he may request a hearing in writing before the Council.
The City Council will determine whether or not any violation of the
Planned Unit Development Agreement, City Ordinance, or other applicable
law has been violated.
IN WITNESS WHEREOF, the undersigned parties have executed this agreement this
e�?Z may of PtVn�A 1993.
UNITED CITY OF THE VILLAGE
OF YORKVILLE
BY:---
=TH K. KITTOE ., Mayor
ATTEST: T P�
CIT CLE
7
respect to noise, particulate emission, and storage of hazardous materials.
16. Any Complaint received from any citizen shall be responded to by the City
Administrator with forty-eight (48) hours; and brought to the attention of
the City Council of the UNITED CITY OF THE VILLAGE OF
YORKVILLE.
The facility of Owner shall co-operate with the CITY OF YORKVILLE
Administrative Staff in responding within ten days to any Complaints
received by the CITY OF YORKVILLE as to the operation of said facility.
If the Owner is not satisfied with the staff recommendation of the CITY
OF YORKVILLE, he may request a hearing in writing before the Council.
The City Council will determine whether or not any violation of the
Planned Unit Development Agreement, City Ordinance, or other applicable
law has been violated.
IN WITNESS WHEREOF, the undersigned parties have executed this agreement this
6?6-kay of 1993.
UNITED CITY OF THE VILLAGE
OF YORKVILLE
BY:
TH K. KITTOE , Mayor
ATTEST: X t "�"�-
CTT CLERK
i
7
. t.
DEAN FISHER
L J 01 1,&--
DOUG SHER
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(708)553-9500
8
BK 6 3 9 PGA.
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
UNITED CITY OF THE VILLAGE OF YORKVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
FISHER SPECIAL USE/B-2
NOW COME DEVELOPERS, DEAN FISHER and DOUG FISHER, and DOUG FISHER,
owner of certain real property described in the attached Exhibit "A", which is contiguous and
adjacent to Route 34 in the city limits of the UNITED CITY OF THE VILLAGE OF
YORKVILLE, an Illinois Municipality, who do each hereby enter into this Planned Unit
Development Agreement to supplement and in addition to the Petition for Zoning 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 owners and the City,
to develop the subject real property described in the attached Exhibit "A" as a
Planned Unit Development; and
2. WHEREAS, each party agrees that it is the best interest of the local government
bodies affected and the Developers, to provide for specific performance standards
in the development of the subject property; and
3. WHEREAS, each party agrees that a substantial impact will be had on the services
of the UNITED CITY OF THE VILLAGE OF YORKVILLE by developing said
1
BK639PG2
property; and
4. WHEREAS, the Developers have agreed to perform certain conditions
substantially above those requirements made by the UNITED CITY OF THE
VILLAGE OF YORKVILLE:
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
A. The subject property shall be rezoned from B-2 Business District to B-2 Special
Use, permitting the operation of a CARSTAR COLLISION REPAIR SHOP and
Iv�B3A5 MUFFLER SHOP. DEAN FIS ER and DOUG FISHER shall not be
responsible for the operation or enforcement provisions as to MIDAS MUFFLER.
MIDAS MUFFLER and its operator shall be required to comply directly with the
CITY as to its plan and design.
B. That said property shall not be used for purposes other than those above-specified,
unless similar in nature.
C. That the development of the property shall be subject to a detailed site plan
containing setbacks, heights of buildings not to exceed those set out in the CITY
OF YORKVILLE'S Zoning Ordinance at the time of commencement of
construction, and providing for a storm water drainage and landscape plan.
D. That the development plan shall contain screening, fencing, or green area/berming
with the bordering property on the West and North.
E. That the prior to commencement of construction, developer will submit a detailed
storm water engineering plan taking into account existing run-off, future stated
run-off with the construction of two (2) commercial buildings on the subject
2
BK 6 3 9 PG .1
property, and in compliance with the Yorkville Storm water Run-Off Ordinance.
F. That approval of this Planned Unit Development Agreement is in compliance with
the Plat Act of the State of Illinois, as well as the above-referenced plans, prior
to commencement of any construction.
G. This agreement shall be binding upon the successors, heirs, and assigns of each
party hereto.
H. If any portion of this agreement were determined to be invalid, the remaining
,rdons thereof shall be in full force and of �:g ee, Developers and the City.
I. The development of the parcel for the MIDAS MUFFLER SHOP shall be subject
to the installation of the storm water detention facility, driveway cut, and
landscaping plan approved by the UNITED CITY OF THE VILLAGE OF
YORKVILLE City Council, and attached as Exhibit "B-1" to this Agreement, and
the site plan, attached as Group Exhibit "C". DEAN FISHER and DOUG
FISHER shall not be responsible for compliance with site plan as to MIDAS
MUFFLER SHOP.
J. The approval of a CARSTAR COLLISION CENTER is expressly conditioned
upon the owner, or his successors, heirs, and assigns fulfilling the following terms
and conditions:
1. Petitioner will meet or exceed all EPA, IEPA, OSHA standards, and
ordinance performance standards of the UNITED CITY OF THE
VILLAGE OF YORKVILLE, as set out in the CITY M-1 Zoning
Ordinance, or any other applicable governmental regulation and agency as
3
BK 6 3 9 PG 4�
required by law with respect to particulate emission, odor, sound levels,
and storage of chemicals on premises, and the like.
Construction, and Operating Permits, if necessary, shall be obtained from
the Illinois Environmental Protection Agency, or CITY shall be furnished
with copies of any correspondence received by developer indicating that
such permits are not necessary.
2. Petitioner will install, properly maintain, and use at all times, an approved
spray booth, prep decks, sanding vacs, and mixing room to allow safe
environmental operation, all of which will be within the approval and
tolerance guidelines established by the EPA, IEPA, OSHA, or any other
similar governmental agency, including those contained, if any, within the
ordinances of the UNITED CITY OF THE VILLAGE OF YORKVILLE.
3. Petitioner will install parking and designer fencing to allow storage of
damaged vehicles, all as described in the Landscape Plan, attached hereto
as Exhibit "B-2". Parking area to have designated stalls for vehicle storage
as delineated in Group Exhibit "C".
All fencing shall be maintained in a sightly condition by Owner.
4. No outdoor parts storage shall be allowed.
5. Petitioner will install landscaping to buffer noise and appearance in
conformance with the landscape plan attached hereto as Exhibit "B-2".
Tools and equipment shall not be modified to delete noise-muffling
equipment.
4
BK639PG�
6. Petitioner will maintain a proper license to store, and will remove
hazardous waste material in a legal and timely manner, but not less than
quarterly. Access to disposal logs of dangerous or hazardous materials
shall be available to the CITY during normal working hours upon
appointment.
7. Site lighting and site detention shall be in conformance with the attached
Exhibit "C".
a. No access otf Kendall Drive, this area to be maintained as a green area,
as shown in Group Exhibit "C".
9. Sixteen foot (16') minimum required handicap parking with proper ramps
and designation.
10. Green areas shall be curbed at Developer expense, as described in the
attached Group Exhibit "C".
11. Developer shall comply with the CITY Set-Back Ordinance of Fifty Feet
(50') off of the State right-of-way on Route 34, with the building to meet
the set-back line described in Group Exhibit "C".
12. That Petitioner shall provide the City Engineer with a cross section and
vertical site section of the subject property, as described in Group Exhibit
licit.
13. That with respect to the operation of the CARSTAR COLLISION facility
on the subject real property, the CITY will conduct reasonable inspections
for storage of hazardous materials, licenses, permits and preventive
5
BK 6 3 9 PG.�
maintenance practices, one time per calendar year, for the first four years
of operation. Said inspections shall be conducted on an announced basis
with 48 hours advanced notice to the owner; and owner shall contribute up
to $500.00 per year for the cost of one such inspection, but in no event
shall owner pay more than actual cost. The CITY may conduct particulate
emission and noise level tests at the owner's lot line to determine
compliance with EPA, IEPA or OSHA standards at the CITY'S expense.
Copies of ail test results shall be provided to owner without any
additional charge. In the event said inspections or testings shall indicate
an existing violation of applicable EPA, IEPA, or OSHA standards (or any
other similar governmental agency), then the owner shall have a reasonable
period of time, not to exceed thirty (30) days to either contest the findings
by the presentment of additional test results, or alternatively, to take
corrective action to remedy any alleged violation, provided that any
violation found to have occurred shall be remedied within sixty (60) days
of notice to the owner, or the CITY may elect to take enforcement action
under its applicable City ordinances.
14. The access point for the subject businesses shall be a joining driveway as
described in Exhibit "B-l", "B-2" and Group Exhibit "C".
15. That the equipment to be used in the subject facility shall be approved to
be in compliance with the existing EPA and Illinois EPA standards, with
6
BK639PGZI
respect to noise, particulate emission, and storage of hazardous materials.
16. Any Complaint received from any citizen shall be responded to by the City
Administrator with forty-eight (48) hours; and brought to the attention of
the City Council of the UNITED CITY OF THE VILLAGE OF
YORKVILLE.
The facility of Owner shall co-operate with the CITY OF YORKVILLE
Administrative Staff in responding within ten days to any Complaints
received by ;he CITY OF YORKVILLE as to the operation of said facility.
If the Owner is not satisfied with the staff recommendation of the CITY
OF YORKVILLE, he may request a hearing in writing before the Council.
The City Council will determine whether or not any violation of the
Planned Unit Development Agreement, City Ordinance, or other applicable
law has been violated.
IN WITNESS WHEREOF, the undersigned parties have executed this agreement this
24—Aay of 1993.
UNITED CITY OF THE VILLAGE
OF YORKVILLE-
BY:
=H K. KITTOE , Mayor
ATTEST: I
CTT CLERK
BK 6 3 g PGL�
DEAN FISHER
DOUG SHER
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(708)553-9500
8
i BK639PG
EXHIBIT "A"
Lot 4 of Block 1 Countryside Center Unit 1 , Inthe United City of the Village of
Yorkville, Kendall County, Illinois.
TAX PARCEL NUMBER: 02-29-229-007.
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