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Public Works Minutes 1997 03-24-97 CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING MONDAY, MARCH 24,1997 Jerry Lynch called the meeting to order at 6:35 p.m. Proposed Engineering Agreement -SSES-Deuchler Engineering Joe Wrott explained the engineering agreement for the Sanitary Sewer repairs and how it ties in with the Deuchler April 1996 report recommending repairs and tightening up the collection system. He said there is need to start on this now in order to get the plans put together, submit to EPA by September to be in the funding cycle for construction next season. He explained the proposal is on a "cost plus" basis not to exceed $100,000. When the entire project is looked at, it is in line. This does not include construction inspection or bidding. "Cost Plus" means hourly rates connected to the different people on the Yorkville project. They will keep track of their time and invoices based on hourly rates, benefits pocket expenses and/or mileage. Philippe Moreau says this proposal follows EPA guidelines. They will not charge for mileage even though its in the guidelines. He said they need authorization to proceed by April 1 and finish by September 15. EPA will take 90 days and must be approved before the end of 1997. He said there is a lot of field work and engineering to be done. Art Prochaska said this is budgeted for next year. The first invoice will be submitted in the next fiscal year. He recommended to move onto the next step. He said they need to go to COW and send a recommendation to the City Council April 10. Jeff Spang said he is uncomfortable with the size of the contract and questioned the contract bidding rules. He mentioned the termination clause and add on expenses. He would like Dan Kramer's recommendation. Philippe Moreau is with the company that put this together and is now bidding the engineering cost in a non competitive basis. Mr. Moreau said they can not bid because it is against professional engineers/ professional services. They are forbidden by The Department of Regulation who can remove their license if they bid a project. They can be selected by qualification and Dan Kramer would know that. He said due to the size of the project, he has tried to keep the cost as low as possible. Mr. Spang questioned how$100,000 was determined to be an acceptable amount. Mr. Wyrott said there are guidelines based on the difficulty of a project '1 Public Works Committee 3/24/97 and fall within a range. Mr. Moreau stated this was a series of little projects which will require "mini" surveys and will be time consuming. He said the people who have worked on this project are already familiar with the streets and manholes which will cut down the work time. Mr. Prochaska recommended this go to the COW April 3 and for Dan Kramer to review this contract with the starting date being changed to April 11. DCCA Rate Study Mr. Prochaska said this was a sewer and water study. Since they are looking at $2.5M worth of work done he suggested a more detailed 5 year plan to be looked at. He does not support a rate increase without a detailed plan. This will be tabled until the next meeting. Intersection Improvements -Walnut & Bridge Mr. Wyrott said they met with IDOT last week in Ottawa about this project. They requested some changes such as the diameter of the cul-de-sac on Bristol, the location and landscaping improvements which IDOT agreed to. This will be 100% state funded, but they are asking for the city to sign off on the plans. There are no drainage improvements proposed. IDOT will increase the cul-de- sac on Bristol by 2 meters, put in a birm to discourage through traffic and have a shoulder. They plan to start construction soon. They would like this signed off on by March 28. Mr. Wyrott said that Dick Whitfield's concern is that IDOT would be supplying a common drive entrance with the Fox Valley Shopper and Brenart Eye Care. The state said this will not be included in their plan. Mr. Prochaska suggested they talk with the Best family who own the Bed and Breakfast on Bristol and Jackson. They will be invited to the COW April 3, 1997. Mr. Spang said he is concerned that the state wants the city to quickly sign off on a plan they haven't had time to review. He is concerned about 3 businesses losing their access from the highway but agreed that this will be an overall safety benefit to the citizens. There was discussion this change will force more traffic onto Walnut and Park. Mr. Wyrott will talk with Public Safety about the concerns. Mr. Nanninga said they will be seeing IDOT tomorrow and will discuss some of the issues. 2 Public Works Committee 3/24/97 Groundwater& Top of Foundations Elevations Mr. Wyrott discussed a March 14, 1997 memo clarifying what the city can and cannot ask for concerning groundwater elevations for proposed developments and the adding of two different types of language that could be revised to the subdivision ordinance. There was discussion of having another professional opinion. Bob Johnson suggested that Dan Kramer review this. Property Code Standards Bill Detmers discussed property standards. He said the inspection of property standards in the community is upon complaint basis through the City Manager's office. Once the complaint is received, it is followed through to court or repair. It is not done by policing the whole town. He requested a policy from the city on how to handle these complaints through a chain of command. There are 9 cases they are working on presently with some being repeats. He said property standards are more difficult to work with than new construction. If people are not approached properly, the city could be sued for violating civil rights so they take pictures and document. Mr. Nanninga suggested repeat offenders should start paying fines to cover the additional work. Mr. Detmers think user fees work well. The fee usually runs from $50 - $200. This covers court and attorney costs. He has a problem with the city ordinance being able to have someone imprisoned and suggested it be changed at some time. Mr. Detmers explained the city ordinance's accessory structures. He discussed two specific garages which met codes. They cite code sections when doing inspection violations. He said that the drums at Witt's are not in violation of the ordinances because they are zoned business. Mr. Detmers explained the procedure for residential maintenance and expiration dates on building permits. If construction is stopped for 6 continuous months, the permit can expire. They can apply for an extension. Some sign violations were discussed. Mr. Detmers explained that a stop work order shall be in writing, but can not stop a whole job. The condemned order states the structure is unhealthy and unsafe. There was discussion of an Industrial Park building. Mr. Detmers said the building structure now meets the codes. There is an engineering report and the owner has done what was requested. Roppolo Mr. Wyrott went over the proposed changes of the Roppolo Coach Hills PUD. Kathy Jones discussed the Block properties request for road access and which lots would be affected. Jim Olson explained how the lots line up and this being 3 Public Works Committee 3/24/97 the only access point. Bill Roppolo said he did not want to make lots smaller and feels he is the one to pay for this. There is a problem taking these revisions to his lenders. He is unhappy about Edmeiers parking lot being loft. off of his lot. He wants extensive landscaping done here to protect his lots. It was stated this has not been approved yet for Edmeiers. Mr. Roppolo asked for a PUD agreement as this has gone on for 2 years. He asked for this to be approved as it is and he will give an agreement if he can have a variation on the next 2 phases. He wants to maintain the integrity of his property if he has to lose 3 lots due to corner lot frontage. He said there was an access but earlier was told to get rid of it by staff. The preliminary plat was passed last April. It was discussed how to maintain the same number of lots by reconfiguring and adjusting lots in Phases II & III. This will be brought back to Council for vote. They will allow a stub access which will be in the PUD and he will be allowed variance to go below the 12,000 sq. ft. minimum lot size. There was discussion of what the Blocks can do for the Roppolo project. Mr. Prochaska said this should have been discussed before as this plat has already been passed. There will not be a roadway put in but this will be left a vacant lot the city will maintain as a city right-of-way. Mr. Roppolo said he has 4 different product lines and wants to develop Phase II & III with integrity. Mr. Wyrott noted this in the PUD. He continued going through the other changes in the PUD making note of the discussed revisions. (See revised PUD). The property owners will be referred to as The Roppolo Company. There was discussion if Edmeier doesn't build, they would need to get the easement to put the water main in along Rt. 47 and to follow the alignment for the lift station. It was agreed if they oversize the water lines, they will have a recapture agreement. Mr. Wyrott said the revisions will be give to Mr. Kramer tomorrow. There is not a public hearing required. Mr. Roppolo want to review the changes and will go before COW April 3. (See attached memo from Joe Wywrot to Dan Kramer) . Road Repairs Mr. Wyrott discussed Spring Street repairs. He recommended budgeting $25,000 to do the work in house which includes stone, fabric and seal coat. There was discussion of more traffic being encouraged on Walnut St. which already needs repairs. Mr. Wyrott suggested not doing anything to the road until the church is built because of the potential heavy truck traffic. The pot holes will be filled in. The poor conditions of Liberty St. and Center St. were discussed. Spring St. and Somonauk St. were not included on the repair list due to lack of money. Ms. Jones discussed resurfacing / seal coating and which streets would benefit by priority. Mr. Wyrott said all streets would benefit if there were funds 4 Public Works Committee 3/24/97 available. Mr. Prochaska suggested putting together a regular street maintenance schedule. Mr. Wyrott said he will put together something city wide. Mr. Wyrott said he and J.T. Johnson drove around Countryside and feel that Center Parkway is "too far gone" from Blackberry to Kendall Dr. The cost of patching would not be practical. He said to concentrate on the remaining sections, let this road deteriorate and do a core out next year. He showed a patch location map. $65,000 will be spent on repairs in Countryside. There was discussion of possibly setting up a Special Service area in Countryside. Mr. Wyrott was asked to compile a total cost amount to do the whole subdivision divided up by the number of homes. Mr. Nanninga said when Wheaton's sales tax of$400,000 - $500,000 comes in two years, there will be money for proper road repairs. Adioumment The meeting adjourned at 10:18 p.m. Submitted by, Sheryl Washburn 5 MEMO To: Dan Kramer, City Attorney From: Joe Wywrot, City Engineer Subject: Roppolo PUD Agreement Date: March 25, 1997 Attached find a marked-up copy of the proposed PUD agreement. These changes were negotiated at the Public Works Committee meeting on March 24th with the developer. The changes are self-explanatory. There appears to be conflicting language on Pages 2 and 11. Please review those and make any necessary changes. Regarding the park donation described on Page 14, there was confusion over which land was to be accepted for maintenance by the city. I spoke with Art Prochaska, Sue Swithin and Scott Sleezer about it this morning. It appears that the attached memos from the Park Board dated 10/23/96 and 1/31/97 accurately reflect the feelings of the Park Board. We may want to attach those memos to the PUD agreement as exhibits. Please make the requested changes and provide clean copies of the agreement by next week. The revised agreement is scheduled for review at the April 3rd C.O.W. meeting, with final passage scheduled for April 10, 1997. If you have any questions concerning this matter, please call me. cc: Tun Nanninga, City Administrator STATE OF ILLINOIS ) Revised 8 15196 9/4V96 COUNTY OF KENDALL ) 9/18/96 2.10.97 2/18/97 3.24.97 THE OPPOLO COMPANY COA ' HILLS) UNITED CITY OF YORKVILLE PLANNED UNIT DEVELOPMENT AGREEMENT NOW COMES DEVELO R, THE>OPPOLO COMPANY, Developers of certain real property described in the attached Exhibit "A" and the United*City of Yorkville, an Illinois Municipality who do hereby enter into this Planned Unit Development Agreement to supplement and in addition to the Petition for zoning, Zoning Ordinance, Subdivision Control Ordinance and drawings submitted therewith to be approved by the City Council of the United City 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 Developers and the City to develop the subject real property described in the attached Exhibit "A" as a Planned Unit development establishing an unique open space character with green areas and recreation improvements in conjunction with the United City of Yorkville City Council to provide for the orderly flow of traffic throughout the development; 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 3. WHEREAS, each party agrees that a substantial impact will be had on the services of the United City 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 Yorkville; such as increased landscape setbacks along State Route 47, the payment of additional Sanitary Sewer Recapture fees over and above what traditionally is charged by the City, Parkland Donations ofland and equipment in excess of ordinance formulas, and other miscellaneous advances. NOW THEREFORE, the parties agree as follows: A. The subject property shall be re-zoned under the Zoning Ordinance of the United City of Yorkville as a R-2 Single-Family Planned Unit Development parcel with each block of zoning set out in the attached drawingt as Exhibit `B", incorporate herein by reference showing the precise area to be zoned R-2 Single-Family District for Single-Family use;B-2 General Business District; and R-3 Townhouse zoning for the area being permitted for Townhouse only type zoning, and shall be developed in t tt } �wwrc?e ? o general conformance with this P.U.D. ppiv$b1 �C#yd1 = v..:::.,•i};;::;::;sv.}:•:,a....,,..::.v:.:,...,,•:•,.>n. pw•.,..p..•a•:C:,. .aa::ayno. .5. ^y'�'i`..`•�.,:?{:XC \�♦ e�dpd �#i i!��1I���17Y{��Hff�� tl�?F!�� ��f��ah,x��,:'r,'�:'in� �,�SR��r��m+�v'^"^,i,i.m,�.•.•£�•� ••{C:,,J:: f(�M� 4 0 �IM ........ ......... ....:.. v:v, ,.. :• x,4,}0.\+l0.Rtl000JhU90M ' ... .. ....... ::::,• • .}..}::::.!;hSy..,,;;:�{OP.;.,; :.Yi}.rr...}};Y..;..�:tx..},],A?!M.•4Y.^P1,0„M,M^�•' .;:., ,••,�,•,•,}•:•r;' :. r xRo.. �. ,o„}.::::.,a;..;}f:�.%4ti.y�,ti..:;..5:�'Y::+:::F}p::;:j}boo::r,.:+ti::c;:%?;w••'�:•?�y``..::• b'}•p.:<:ajsk;p:444\lt�i::?cnti'i?�:y�•`?k�•`•:d�Y,.?f7!'•N»?;:!:g7':x,,14,�, . �,. ? causbti ucbthc 1 . � sbc3r� `# ei ' rY.r. ......, . .....rr., : y s•v}t:;t;}..n%<.}xa}:•;••,.::•r >:�;:?..k......?a k.).::stn;,?'F?:!K}vnvs,:a�;?,'c:r�N}xati::;}}:aAl3ayq•• •` and the approved Final Plat. 2 The density,minimum lot sue, setback lines and all other performance standards set out in the City Zoning Ordinance and City Subdivision Control Ordinance, and all other applicable City Ordinances shall be complied with by the Developer in the development of the subject parcel of real property, except when varied by this Agreement and as specifically set out in Exhibits "B" and "C" to this Agreement which have been incorporated herein by reference. For purposes of developing said subdivision, Petitioner hereby request authority to build six different model unit groupings during the duration of the project. Model w,.a�.amr< ;,;. Homes shall be constructed in a defined area as approved by the City YIV eveloptet Cammmrie6 upon application and approval of Preliminary Plat and Final Engineering. Said units shall be located only in areas designated by the Petitioner .;. �: with respect to model units;v5ignage, and exterior lighting grlptGS shall be permitted adjacent to the model unit areas for purposes of displaying product for sale. Directional signs #gW"'pmpt p )g shall be allowed only on private property of the interior of Coach Road Hills Subdivision. Petitioner shall be permitted l.; Vtt!:!:V:}}tit!K!:jFti3OvR'•!:•l >i:•.•�F.�.i•. v.% to have a temporary office trailers for sales purposes, ty by i101 gry tpM9 upon execution of the Final Plat of Subdivision for Coach Road Hills by the City Council, .:a•;:.•:;r•.:a:�x.;::w,<..>. ;•:...:,:.,•....:..,;:..c.•:.•>w.w'cysasr> yx:w•xx,.a>+ti;}T?•;•: ...:c7,C�:47'; :.:.Y..'?i!`.ob$ t�airhe urtii `t �subdtixirni 1esututtpttr1 and recording thereof with the Kendall County Recorder of Deeds for purposes of conducting sales on the site. OWNE OP ER s ' led to erect two temporary entrance sales signs not a ceeding ,•,, 8 %whic all be permitted until completion of the �+" `� Subdivision on private property. Said office trailers shall be removed within sixty 3 i- • (60)days of the completion of the final "° model home group at each grouping. DEVELOPER shall further be allowed to have storage trailers on Phases of the Subdivision under construction. ;, , .,,,.., „...:.... .. ,•...,. . : x w gut MIM MR .:.::::.: ?..�..:Ilk B. SPECIAL PLATTING CONDITIONS AND PARK DEVELOPMENT SCHEDULING: The Park District Board and Petitioners have concluded an agreement satisfactory to that Board for the installation of certain park improvements. Those park improvements shall be completed as per the sketch design agreed to by the Yorkville Park Board, the Planned Unit Development Concept Sketch, the Preliminary Plat, and in conformance with the park standards approved by the Yorkville Park Board and attached hereto and incorporated herein as Exhibit "E". The Petitioner shall complete all improvements in each phase of the Subdivision as shown on said drawings with the completion subject to a letter of credit based upon the engineer estimates for the work to be performed. The Letter of Credit requirement for Parks in each Phase of said development shall be satisfied by tender of completed Park improvements and land dedicated by OWNER/DEVELOPER on each Phase of the Development as completed by OWNER/DEVELOPER. All park exhibits are attached hereto and incorporated herein as part of this agreement { FX v.:;:::,:.;::.:::.:•;;;,,;;;,,,,,,,,•:::::•:.�,.,:•.:.:..,:;;{.ti::.v,::.yi:'s:•:a::::.;:w. \Y.` IM:;t`.• �xw$}:w:;9Yf.^{:, �`o^• '2x`•�"L �\�.�•.•Etn�.a' :fi4 ili...;y�:}yM':•:, �TM1:•'•:ri• • ;�y ���., ; 4 .rr....:• ..»,.�.y.. ..,,eoc »•.4,,�,yyyepoyeMr'!?�'A0P'*'" Donation of land, improvements, and park equipment to the Yorkville Park Board and City of Yorkville shall be as per the list of contributions agreed and as set out in Exhibit "E" dated April 17, 1996 and containing the identification of Design Network Inc. at the top of said document and construction to be equal to or in excess of the values stated therein. Exhibit "E" shall be proposed and incorporated herein by reference as to Park Land, to be donated to the City Park Improvements to be constructed by Developer; and schedule of completion. 2) That the Owner and Developers shall dedicate to the United City of Yorkville for park p is as designated on the attached drawing (Exhibit "F") consisti nd in conformance with the United City of Yorkville Land/Cash Ordinance. All areas dedicated for parks for which credit is being given towards land-cash contributions shall be final graded and seeded; and shall contain at least 100% of useable land exclusive of detention areas beyond the 100 year flood plain. Said real property shall be dedicated by Deed to the United City of Yorkville at the time that any developer seeks approval of a Final Plat of Subdivision for the First Phase/Unit within the entire real property being developed. Acceptance of seeded areas shall be contingent upon three separate mowings showing all seeded areas to be filled in, prior to the Park Board accepting maintenance responsibility of said seeded areas. Any Developer constructing a detention facility shall be responsible for its 5 maintenance to the City until acceptance by the City. Acceptance or rejection shall occur by the City within 30 days of submission of a Letter by Developer or his Agent requesting approval. The Petitioners, and their successors, heirs, and assigns shall have the right to have home offices, exterior swimming pools, greenhouses, screened-in porches and gazebos pursuant to our City of Yorkville Zoning Ordinances and accessory uses permitted within residential zoning districts in conformance with all set-back requirements and usage requirements'as contained in the Zoning Ordinance currently in existence as of the date of approval of this Planned Unit Development Agreement. 4) a) The Commercial area shall have an emergency access easement platted into the Townhome loop established on the Final Plat of Subdivision in the Phase of the Subdivision for which the Townhome Final Plat is recorded. OWNER/DEVELOPER shall further be entitled to a variance in the height restrictions required for commercial buildin o allow a building housing a �t y►I.1s1,a.r.r it `stf � Tfor purposes of havin maximum height o <t a ...... two-story ban u Developers shall <.�M �`19bJiM� ��f R �iC�►�i►1 �iT A ,�,v�� 1� f �r L 11K7�wvrtM `qb. vs i4C FF er neemeee+ The Townhouse portion of the development shall have the following 6 performance standards: * Suburban Roll Curb * 25' Building Front yard Setbacks. * Cul-de-sac center islands shall be permitted on Townhouse Streets to be maintained by the Developer or his Homeowners Association for the Townhouse Association into perpetuity * Maximum cul-de-sac length of 900' * 2 Car Garages shall be required on all Townhouse units. * Front Facade, first floor shall consist of brick or stone veneer. * Entrance gate features to be maintained by the Townhome Homeowners Association A 10' wide Regional Trail shall be installed adjacent and parallel with the Commonwealth Edison property running generally north to south through the subject COACH ROAD HII.LS PUD. IJW � . : a�?,F�;` •. icoperate�n:bbfa� g t�?m orzumonw ti. svn an; ?: . OWI�ERSI DFV.>�d.:t��',EIt � �,�mbwrsamthe�„�� bir � .,,,,,...: <;:{:ae!e;x>:::e.:<.,:.::r:a:pn::r:.:yx:'i°'.`w• easement<acqu�sttl.�;n In the event Commonwealth Edison will perntit the location of said trail on their subject real property pursuant to an earlier Easement Agreement with the United City of Yorkville, said trail may be installed pursuant to that easement. In the event it is not permitted on the Commonwealth Edison property, Developer shall provide the dedication of said easement on its property parallel to the Commonwealth Edison property. The material surface of said pathway shall be constructed and consist of a 10' wide asphalt trail, and a typical cross-section shall be submitted with final engineering by Developer to the City, showing 3" asphalt on 8" of aggregate under the asphalt. 7 } Developer agrees to install a 10 foot wide asphalt trail (with 3" asphalt on 8" aggregate)around the central wetland area in conformance with its Parkland dedication. Street and parkway trees shall be of a inch caliper and shall be installed within six months of the installation of driveways for each residence or the common drive for any Townhouse portion of the development, as per approved landscape plan for each phase of the subdivision. Petitioner may increase the amount of landscaping in any respective unit of said subdivision in excess of those requirements of the City of Yorkville Ordinance and may add additional plantings, but not less plantings, than those required under the Planned Unit Development Concept Plan, a copy of which is attached hereto and incorporated herein as Exhibit"D". Installation of City water main, streets and all other public improvements shall be in conformance with City Ordinances, unless specifically varied by approval of the City Council or varied by the terms of this Agreement. M, :..••.r.,.,e,,.:•::...:.. 1xCi2 &1.0 �1 St Q om� , . �C .,..s .., ,. ., ... ..x<:•,.•:n•:::.,•..k.,,r„•,,•:.,:•:..,,,,,..+c..;.;...,w.y,.,wV.,+a,:....rA,y;.,,.•::yy.;.•:.,.,,,,,,.,,Y i^Y:�.Ra�°:%??f'�:�..,.: tfen a eetYlCtlt isA rove fie:; '' ng`' x'met + leA ..,.. 0. For purposes of installing and servicing the subject property with a Sanitary Sewer System, Developer shall be permitted to haN:` sp Units of said Subdivision not exceeding a combination 177 single-family and/or townhouse units to the southwest interceptor of the City of Yorkville located within the 8 existing right-of-way of State Route 47 and immediately west thereof. Recapture is due for said Sanitary Sewer System on the basis of s per acre for any commercial development that hooks on to said system, and at the rate of CON per p.e. for each residential unit hook to s sy qr:Qxn.;::;:..:::.+y..yw:+.;r,.•:•n.,•..+ow:,;xxexoxreoap.,..o.Af<rgt�'�4?� .a?S?q.' :: • Payment for said recapture would be due at the time of application for building permit for any respective structure to be served by the southwest interceptor. Developer of COACH ROAD HILLS, agrees to provide a lift station and piping at its sole expense in order to connect to that southwest interceptor for the first unit of said to be Subdivision as approved in the Final Engineering Plans submitted by Developer prior to approval of the Final Plat of the first unit or phase of said subdivision. Developer acknowledges and agrees that connection + rutuung:par>tlle�wt}h �gyu ��� shall be made no later than completion of the 177th building permit in said Subdivision or in the next unit or phase platted after the availability of the new gravity sanitary sewer c:»:a>:o+;;:;:;w,�,;tir,Za:^.¢YtcaS }:ogtgp? ?s�yw:::•.. Kt•: interceptor whichever is first to occur. It is anticipated by the City and Developer that all future Sanitary Sewer services shall be provided by a Sanitary Sewer Interceptor to be constructed east of .... as defined b the City for purposes of Route 47, tiX<t1reigi Y providing a new Sanitary Sewer Interceptor for the service area in which the subject real property of COACH ROAD HILLS is located. 9 Developer acknowledges and voluntarily agrees with the City that a gecapture MRjgR will be required from all Developers east of Route 47 who will use the new interceptor to be constructed for Sanitary Sewer purposes. Said recapture shall be charged on a non-discriminatory basis to OWNERMEVELOPER of COACH ROAD HILLS, as well as any other Developer or Owner who seeks Sanitary Sewer Service within the service area to be served by the new interceptor for Sanitary Sewer Services east of Route 47. Recapture shall be calculated on a per p.e. basis for the new line and shall be charged by agreement with Developer and the City for all Units in the first Phase of COACH ROAD HILLS and all subsequent phases for the new interceptor line, even though Developer is on a temporary basis hooking- on to the existing Southwest interceptor f the first phase of sai •� .i�+tee r:.per c�.ss'.•.y N c.'�,n-c development. Said recapture for the south sanita sewer interceptorlshall be P paid for all platted lots within a Phase or Unit of Coach Road Hills, upon issuance of each individual dwelling unit permit of each respective Phase or Unit of Coach Road Hills Subdivision. Ce,ei In con sideration of Developer paying for recapture on each li sewer hook-up fees as to COACH ROAD LOPM ENT�shall be in conformance with current city or di ance in wee!-FebAmew.", or each residential dwelling unit throughout the 1 u sect property. C. That the Developer shall contribute to the Yorkville School District cash 10 contributions in lieu of land contributions in conformance with the City of Yorkville , . the Land/Cash Ordinance�sI�� =tom ��k`. �:>.v a :' . •.ni•:.ww•:.•.. 7vw+vrx::.vniiLiri::r Vr:x Developer shall provide written verification from the School District concerning all cash donations. Park portion of OWNER/DEVELOPER'S contributions will be satisfied by Park Dedication and Park improvements. ;. Ks D. That the development of the property shall be subject to Preliminary Plat FBI* 1:9 5;:, Engineering approval by City Staff, or outside Review Engineering ... as elected by the City, and Final Plat approval by the City Council in conformance '711.56 A,as ^"C i 014-34 with the City of Yorkville Zoning Ordinance#� Subdivision Ordinance#_,the w� �tMna.,�e� Standard Specificati nsF r Improvem is City Reimbursement Of L Review Ordinance#_, ity Land-Cash Ordinance#q , MrY�..., City Transition Fnd G Ordinances# 90719e exact schedule for each of the above referenced Ordinances attached hereto and incorporated herein as Exhibit "F". All fees, but school Land-Cash and building `'~ permit are being set for the duration of this Agreement as of the date of final vote for -Z Capproval by the City Council. In the event this Agreement conflicts with an 9-4 Ordinance, the Agreement and Plats of said subdivision shall control. Developer, except to the extent varied by this Agreement, shall comply with all setback requirements, minimum lot sizes and in conformance to those requirements set out in the United City of Yorkville' onrng Ordinan t the time of 01xsa ±Gt a in City of ty re7�m�nary Plat of the sutdnns�q,. n Y::: y change Yorkville Zoning Ordinance, Subdivision Control Ordinance, City reimbursement of . 11 Land-Cash Ordinance Ci storm Water Control Ordinance, City Transition Fee enact subsequent to the execution of this Agreement which shall ter minimum lot sizes, setbacks, performance standards on this development, shall not affect or apply to this Agreement and development. However the developer shall comply with all fee requirements or other Ordinance changes at the time of Final Platting of any phase. Developers will be bound by any subsequent changes in BOCA building codes, f3oC A building mate 'al 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. Petitioners shall be permitted, at their expense, to install for 1 e and aesthetic 1� . .. , ,, parallel purposes a white vinyl 96 Rift't;:;.•.,.:odd e;�At .< . . » ,.. w. .... .,: with the east right-of-way of Illinois State Route 47, so long as the same is constructed on either common ownership property of the Homeowners Association for said subdivision, or in the alternative, on private property with an easement granted to the Homeowners Association for maintenance thereof. F. That the development plan shall contain green area/berming along Route 47 and 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 30 feet as a rear-yard setback area in areas of the subject property zoned R-3, along State Route 47 WM WMI Mawr �v .....,..............::.........y........;........'•:i'\.R'4ri o.••..:J`'<vv:y;l.,vw,{..r;`,ri"<•v:•.\\,y9,'YSE"•'•�•.°I'�`k9kT:.'YY`Y�fi€.,.,,.'•�1 '. :x 12 Individual Homeowners may be allowed to construct swimming Pools, greenhouses, screened-in porches or gazebos in their back-yards subject to accessory building limitations and set-back provisions as set out in the City of W. SM"011" W."A" Yorkville Zoning Ordinances 0*11,11G*�5ffi- M_ r eGtntett G. That no fencing, house structure, or accessory buildings shall be permitted on any landscape setback area in said Subdivision by Developer or any owner except as set out in Kwortigy Plan approved by the City. Homeowners may plant shrubbery, flowers or trees in beamed areas. H. That no homeowner, or their agent, or employee shall alter in any fashion, any beaming, landscape setback area, drainage or detention area within any "MM, of said Subdivision. Developer shall submit a mass-grading pl o the City ng r -Kit QM 1r� for the entire Subdivision, as well as Final Engineering Ph e of the Subdivision. W subdivision .. .. ithe time approval is soug I. It is anticipated that all detention facilities will be in Homeowner Association maintained property, or on land dedicated to the Park District. In the event any inlet or other drainage facility is located on private property, 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, and that homeowners shall not, fill in, build on, or alter in any way the detention facilities. J. That a Homeowners Association shall be created and a fill 13 �N rior to t o any Final Plat of subdivision by the City Council of the United City of Yorkville providing for the ownership and maintenance of all internal trails/sidewalk, green areas not dedicated to the City for park purposes, signage and common areas. the intent of the qty and OWNER/DEVELOPER that Park ill accept dedication ofltrails and open- L)�a space acres upon completion. In the event said Association fails to maintain said areas, the Owners and Developers hereby grant their consent to the United City of Yorkville to immediately create a Special Services Tax Area under 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 at the time the first Final Plat of Subdivision is sought to be approved. K. That Developer shall pay to the United City of Yorkville, a devel qual to �SS✓Ar it the amount required by Ordinance at the time of ;; 1ng1 Aw.'. ! !! 'f ch Residential Dwelling Unit built in said subdivision to the United City of Yorkville, and for each residential Dwelling Unit to the Yorkville Community School District 115 in conformance with then in force City Ordinances. The time aym of said development and transition fees shall be made fees are being paid voluntarily and with the consent of Owner and Developers as a matter negotiated between the parties and on a matter of a contract voluntarily entered into between the parties in the form of this Agreement. For purposes of the Multi-family units specified within this Agreement, each individual townhouse, condominium, or other designated unit shall be treated as 14 a dwelling unit as is required to be offered for sale as individual units upon the initial sale from the developer/builder to encourage individual owner-occupation of said units. L. State Route 47 access for said subdivision and improvements shall be constructed at expense of developer. Location of the entrance shall be in conformance with the Preliminary Plat approved by the City,-and completed pursuant to engineering drawings submitted by Developer which shall be approved by Illinois Department of �M6V►� Transportation and the City Engineer. Location of the entrance may be moved if directed to by the Illinois Department of Transportation. l) Petitioners and City agree that in order to secure the development of the subject property, easements may be necessary to be acquired by Developers off-site of the subject property for dedication to the United City 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 or 15 Over-Sizing Ordinance for any off-site improvements, or on-site improvements benefitting future developers contiguous or within a reasonable service area of the 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. N. If signalization is required by the Illinois Department of Transportation at any highway cut onto Route 47, Developer shall be required to pay 100% of any non- ` IDOT share. of the cost of any such signalization. AtViC .: > ��,.••+� 4,r required, Deyelo e....sha11 0. The Planned United Development being approved as part of this Agreement shall be constructed in substantial conformance with this P.U.D., City Ordinance and the approved Final Plats, and Final .approved Engineering for said Subdivision. Deviations from that Agreement shall be allowed only if approved by majority vote of the City Council. ,p Y. It is acknowledged by each party that E it is concept sketch, and that upon Final Plat and Engineering 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. .................................:......:...,:...............,:...�„..: , �� N` W�Vi�t P. fJW Oi +dE ) .0 ' s� w� NOW- M <: 16 J �M It '7 .ww built'b > . k,n;:::..,fi:•:::::`'•+::r 1Y"•».:;.:.•,;:;::..<,.::::;:;:�:i;::;:;r,,}$aa,'•':••Ytiiw:j9.!a.': ,..•:.a..?{}a1�:?;:?s#::,:....?� `ty?:?'+%%LY�iff.?fq`t}ti>x , asbttxtyft�hewrr,s£ .' ae> > Q. 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 "B" shall be approved and executed by the City when the precise metes and bounds legal descriptions are tendered to the City. R. This agreement shall be binding upon the successors, heirs, and assigns of each party hereto. S. 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. T. 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. IN WITNESS WHEREOF the undersigned parties have executed this agreement this day of , 1997. 17 d UNITED CITY OF YORKVILLE MAYOR WILLIAM ROPPOLO DEVELOPER ATTEST: ROPPOLO COMPANY, an Illinois Corporation BY: CITY CLERK ATTEST: Property Owners: ROBERT E. DAVIDSON, JR. MICHAEL WHEELER GEORGE ENGEL Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 (630)553-9500 18