City Council Packet 2015 10-29-15 special meeting 7 pm cancelled
AGENDA
SPECIAL CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 p.m.
Thursday, October 29, 2015
This meeting has been cancelled.
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
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United City of Yorkville
800 Game Farm Road
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NOTICE
I, Mayor Gary J . Golinski , call a Special City Council meeting on Thursday, October 29, 2015 at
7 : 00 p .m . , pursuant to the Open Meetings Act (5 ILCS 120/) . The location of the meeting is the
City Hall Council Chambers located at 800 Game Farm Road in Yorkville. The agenda for this meeting
shall include the following :
1 . Call to Order
2 . Roll Call
3 . Establishment of Quorum
4 . Citizen Comments
5 . Business
a. PC 2015 - 11 , PC 2015 - 12, and PC 2015 - 13 Fountainview Plaza Development
i . Ordinance Approving a Special Use for a Tavern and Gas Station, as an
Amendment to the Planned Unit Development (Resubdivision of
Fountainview)
ii . Ordinance Approving a Second Amendment to the Fountainview/DTD
Investments , LLC Annexation Agreement, as Amended
iii . Ordinance Approving an Economic Incentive Agreement (Fountainview)
iv . Ordinance Approving the Final Plat of Subdivision for Fountainview Plaza (A
Resubdivision of Lot 1 in Fountainview .
6 . Adjournment
Dated this 271h day of October, 2015 ,
Mayor Gary J . Golinski
AGENDA
SPECIAL CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 p.m.
Thursday, October 29, 2015
1. Call to Order
2. Roll Call
3. Establishment of Quorum
4. Citizen Comments
5. Business
a. PC 2015-11, PC 2015-12, and PC 2015-13 Fountainview Plaza Development
i. Ordinance Approving a Special Use for a Tavern and Gas Station, as an
Amendment to the Planned Unit Development (Resubdivision of
Fountainview)
ii. Ordinance Approving a Second Amendment to the Fountainview/DTD
Investments, LLC Annexation Agreement, as Amended
iii. Ordinance Approving an Economic Incentive Agreement (Fountainview)
iv. Ordinance Approving the Final Plat of Subdivision for Fountainview Plaza (A
Resubdivision of Lot 1 in Fountainview.
6. Adjournment
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached memo.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Plan Commission #1a
Tracking Number
PC 2015-11, PC 2015-12, PC 2015-13
Fountainview Plaza – Dunkin Donuts/Fuel Station/Retail
Special City Council/October 29, 2015
2-28-11
Amendment to Economic Incentive Agmt.
Majority
Vote
Request for Annexation Agreement Amendment, PUD Modifications, Special Use
Authorization and Final Plat Approval for a new commercial/retail development.
Krysti J. Barksdale-Noble, AICP Community Development
Name Department
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Summary:
The petitioner, Hari Development Yorkville, LLC, has filed an application with the United
City of Yorkville, Kendall County, Illinois, requesting to modify an existing planned unit
development, obtain special use authorization and receive final plat approval related to the
Fountainview Plaza development. The property is located on the east side of South Bridge Street (IL
Route 47), just north of Fountainview Drive, and the petitioner is proposing to construct a new
Dunkin Donuts business, fuel/gasoline service station and a mix-use retail building with a
tavern/lounge and video gaming operation on this incomplete commercial subdivision development.
As proposed, the petitioner is seeking to resubdivide Lot 1 of the Fountainview Plaza
development into two (2) new parcels, Lots 101 and Lots 102. Lot 101, which is approximately 0.93
acres, will contain a nearly 2,000 square foot Dunkin Donuts building with a drive-through window
and a small outdoor seating area; while Lot 102 (approximately 0.86 acres) will have a mixed use
land plan consisting of a fuel/gasoline service station with a convenience store and fast food or
restaurant user.
The retail building in Lot 102 will also contain a coffee shop, restaurant or tavern-lounge
with a video gaming operation in a separate unit of the building. Finally, Lot 2, the 1-acre
northeastern parcel, will remain available for development although the petitioner proposes to install
some on-site parking in the initial phase of development as overflow for the Lot 101 uses.
The petitioner is seeking specific deviations from the Zoning Code Ordinance to accomplish
the proposed redevelopment of the Fountainview property which are summarized below:
• Deviations with regards to permitted uses.
o Proposed retail building with the primary use for a 3,100 square foot
convenience store with a restaurant component as well as a secondary unit of
900 square feet in the same retail building for the operation of a
café/tavern/lounge with a video gaming establishment. The approval of the
Special Use and PUD does not give approval of the video gaming operation,
as a separate gaming license approval is needed by the State of Illinois as well
as by the City’s Clerk Office.
• Deviations with regards to yard and setback variations.
o Proposed variations to building setbacks and parking lot setbacks for both
Lots 101 and 102, as depicted on the Preliminary and Final PUD Plan.
• Deviations with regards to signage.
o Proposed variations related to the number, location, type and size of wall,
free-standing monument, window, canopy, and menu board signage.
• Deviations with regards to Landscape Ordinance.
Memorandum
To: City Council
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: August 19, 2015
Subject: Fountainview Plaza - Dunkin Donuts/Fuel Station/Retail
Proposed PUD Modification, Special Use Authorization & Final Plat
Approval Request
o Proposed variations related to number, type and mix of landscaping materials
and requirements for interior and perimeter parking lot landscaped islands.
Proposed Conditions:
Based upon the above review of the proposed Fountainview Plaza development, staff
recommended the following conditions of approval for the Special Use, PUD modification and Final
Plat:
1. The project is subject to final engineering review and approval based upon comments
provided in a review letter from Engineering Enterprises, Inc dated July 20, 2015.
2. Approval and issuance of a permit by the Illinois Department of Transportation for the
proposed right-in/right-out access off of IL Rte. 47.
3. Truck-turning templates and exhibits are submitted and subject to engineering review.
4. Reduction of the parkway tree requirement granted subject to two (2) trees to be planted on
the subject property, one located at the far north edge of the property and the second tree in
the bed of the alpine current in front of the fuel islands and canopies.
5. The video gaming operation, as depicted on the plans, is subject to a separate gaming license
approval by the State of Illinois as well as licensing by the City’s Clerk Office.
Plan Commission Action
The Plan Commission reviewed the Petitioner’s requests at a public hearing held on August
12, 2015 and made the following action on the motions below:
1. Special Use for PUD Modification
In consideration of testimony presented during a Public Hearing on August 12, 2015 and
approval of the findings of fact, the Plan Commission recommends approval to the City
Council of a request for Special Use authorization to modify an existing Planned Unit
Development (PUD) of the Fountainview Plaza development subject to the conditions
enumerated in a staff memorandum dated August 6, 2015 and illustrated in a Preliminary
and Final PUD Plan prepared by MeritCorp dated 06-26-15 and last revised 07-30-15.
Action Item:
Harker – aye; Vinyard – aye; Crouch – aye; Goins- aye; Horaz-aye– 5 ayes; 0 no
2. Special Use for Fuel/Gasoline Service Station and Tavern/Lounge
In consideration of testimony presented during a Public Hearing on August 12, 2015 and
approval of the findings of fact, the Plan Commission recommends approval to the City
Council of a request for Special Use authorization for a fuel/gasoline service station and
tavern/lounge use to be located on the Fountainview Plaza development subject to the
conditions enumerated in a staff memorandum dated August 6, 2015 and illustrated in a
Preliminary and Final PUD Plan prepared by MeritCorp dated 06-26-15 and last revised
07-30-15.
Action Item:
Harker – aye; Vinyard – aye; Crouch – aye; Goins- aye; Horaz-nay– 4 ayes; 1 no
3. Final Plat
The Plan Commission recommends approval to the City Council of a request for Final Plat
of Subdivision of the Fountainview Plaza of Yorkville subject to final engineering approval
as enumerated in a letter from Engineering Enterprise Incorporated dated July 20, 2015
and illustrated in a plan prepared by MeritCorp dated 06-26-15 and last revised 07-30-15
and further subject to resolution of the outstanding issues related to the proposed
Annexation Agreement Amended at City Council.
Action Item:
Harker – aye; Vinyard – aye; Crouch – aye; Goins- aye; Horaz-aye– 5 ayes; 0 no
Attachments:
1. Draft Ordinances
2. Staff’s memorandum to the Plan Commission dated August 6, 2015.
3. Copy of Petitioner’s Application w/exhibits.
4. Engineering Review Letter prepared by EEI, Inc. dated July 20, 2015.
5. Copy of Public Notices
Summary:
The petitioner, Hari Development Yorkville, LLC, has filed an application with the United
City of Yorkville, Kendall County, Illinois, requesting to modify an existing planned unit
development, obtain special use authorization and receive final plat approval related to the
Fountainview Plaza development. The property is located on the east side of South Bridge Street (IL
Route 47), just north of Fountainview Drive, and the petitioner is proposing to construct a new
Dunkin Donuts business, fuel/gasoline service station and a mix-use retail building on this
incomplete commercial subdivision development.
PROPERTY BACKGROUND:
In April 2007, the City Council approved the execution of an annexation agreement (Ord.
2007-33) for an approximately 4.214-acre property to be known as the Fountainview development.
The original developer, DTD Investments, LLC, requested approval of a three (3) lot subdivision,
which consisted of B-3 Service Business zoning, to allow for a bank and office uses as illustrated in
the following Site Plan that was an exhibit to the original agreement.
Memorandum
To: Plan Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: August 6, 2015
Subject: Fountainview Plaza – Dunkin Donuts/Fuel Station/Retail
Proposed PUD Modification, Special Use Authorization & Final Plat
Approval Request
Subsequently, in June 2008, the City approved an amendment to the original Fountainview
development annexation agreement (Ord. 2008-56) which redefined the property as a Planned Unit
Development (PUD) and adjusted building setbacks for the lot adjacent to South Bridge Street based
upon right-of-way acquisition by the Illinois Department of Transportation (IDOT) for the IL Rte. 47
roadway widening and reconstruction project.
Since that time, Lot 3 has been the only parcel to be developed in the Fountainview Plaza
property which now contains a Car Care Collision business specializing in automobile repair
services. In 2013, Standard Bank obtained ownership of the remaining two lots on the property
through foreclosure and recently entered into a contract purchase agreement with Hari Development
Yorkville LLC to secure entitlements for a proposed new development concept for the property.
PROJECT DESCRIPTION:
As proposed, the petitioner is seeking to resubdivide Lot 1 of the Fountainview Plaza
development into two (2) new parcels, Lots 101 and Lots 102. Lot 101, which is approximately 0.93
acres, will contain a nearly 2,000 square foot Dunkin Donuts building with a drive-through window
and a small outdoor seating area; while Lot 102 (approximately 0.86 acres) will have a mixed use
land plan consisting of a fuel/gasoline service station with a convenience store and fast food or
restaurant user.
The retail building in Lot 102 will also contain a coffee shop, restaurant or tavern-lounge
with a video gaming operation in a separate unit of the building. Finally, Lot 2, the 1-acre
northeastern parcel, will remain available for development although the petitioner proposes to install
some on-site parking in the initial phase of development as overflow for the Lot 101 uses.
EXISTING CONDITIONS:
The subject property is zoned PUD (Planned Unit Development) with an underlying zoning
of B-3 Service Business District. The existing zoning and land use for properties surrounding the
subject property are as indicated below:
Zoning Land Use
North M-1 Limited Manufacturing Agricultural
East B-3 Special Use (Kendall County) Kendall County Governmental Use
South B-3 Planned Unit Development Car Care Collision
West IL Rte. 47, B-3 Service Business District Fountain Village (Commercial Retail)
SITE PLAN
The proposed 1.79-acre site plan was reviewed by various City departments and outside
agencies to ensure compliance with applicable ordinances, regulations and standards with regard to
building setbacks, parking/parking setbacks, circulation/access roads, stormwater
management/utilities, landscaping and signage. Below are the summaries of those reviews.
Building Setbacks
There are two (2) structures proposed on the site plan. A single floor Dunkin Donuts building
on Lot 101 and a single floor convenience store with restaurant and café/tavern/gaming building on
Lot 102. Based upon the private drive located immediately to the east of the proposed development,
Lots 101 and 102 are considered “through lots” which require both street lines to be deemed front lot
lines, per Section 10-2-3: Definitions of the Yorkville Zoning Ordinance. The following table
illustrates the proposed setbacks for each structure on each lot in comparison with the code required
minimum building setback. Numbers in red indicates a deviation from the code.
BUILDING
SETBACK
REQUIRED
MINIMUM
PROPOSED LOT
101 SETBACK
PROPOSED LOT
102 SETBACK
Side/Corner Yard
Setback (South)
20 Feet 20 Feet 1 20 Feet
Front Yard
(Private Drive-East)
50 Feet 92 Feet 39.63Feet 2
Front Yard
(IL Rte 47 – West)
50 Feet 66 Feet 34 Feet 3
Parking/Parking Lot Setbacks
As proposed, there are 24 total parking spaces to be provided on Lots 101 and 102, with an
additional 10 parking spaces provided on Lot 2 for overflow until such time Lot 2 is developed for a
future user. Per Section 10-16-3 of the Yorkville Zoning Code, the total required minimum parking
needed for both lots is 18 spaces, which is exceeded by the 24 on-site spaces provided.
Per the petitioner’s plan set, they are seeking to reduce the required minimum parking lot
setback of 20 feet from arterial roadways (IL 47) and 10 feet from non-arterial roadways for both
Lots 101 and 102 as follows. Numbers in red indicates where the petitioner illustrated a deviation
from the code.
PARKING LOT
SETBACK
REQUIRED
MINIMUM
PROPOSED LOT
101 SETBACK
PROPOSED LOT
102 SETBACK
Private Drive - East
(Non-Arterial) 10 Feet 0 Feet 0 Feet
IL Route 47 – West
(Arterial) 20 Feet 34 Feet 6 Feet
However, according to staff’s measurements, the actual parking lot setback for Lots 101 and
102 from the private drive to the east is approximately 35 feet and 12 feet to the property line,
respectively. Additionally, the parking lot setback from Lot 102 to IL Route 47 to the west is
approximately 80 feet; none of which requires a variance.
Per Section 10-2-3 of the Yorkville Zoning Ordinance, “Parking Area, Private” is an open,
hard surfaced area, other than a street or public way for the storage of private passenger vehicles.
“Driveway” is defined as a paved or unpaved private roadway providing vehicular access between
1 Staff ‘s review of the plans indicate that the setback is actually 20’ from the south property line on Lot 101 and does not require a variance,
although the Setback Data Table on the plans indicate a 19’ setback.
2 Staff’s review of the plans indicates the setback is actually 39.63’ from the east property line on Lot 102, although the Setback Data Table on
the plans indicates a 24’setback.
3 Staff’s review of the plans indicate the setback is actually +/- 135’ from the west property line on Lot 101 to the Single Floor Convenience
Store, which does not require a variance. It appears the setback has been taken from the Fuel Island and Canopy Structure, which staff determines
to be an accessory structure and will still require a variance.
the right of way of the street and a parking space (storage area). Therefore, it appears the petitioner’s
measurements of the parking lot setback from the driveway rather than the parking lot.
Access Road/Circulation
There are two (2) curb cuts off of South Bridge Street (IL Rte. 47) proposed for accessing the
development. The entry/exit points are right-in/right-out accesses which will require IDOT approval
and permitting. The petitioner has indicated that plans have been submitted to IDOT engineers and
initial informal feedback has been positive. The secondary access to the development is off of
Fountainview Drive onto a north/south private drive intended to eventually connect to the property to
the north upon redevelopment.
With regards to site flow, the plan seems to anticipate three (3) distinct patterns of vehicular
circulation based upon the destination of the patron. Circulation to and from the Dunkin Donuts
business, circulation to and from the fuel/gas service station, and circulation to and from the
convenience store building, as well as any number of combinations among the three uses. Auto and
semi-truck traffic traveling northbound would have access onto the site via a right turn onto
Fountainview Drive then proceed left onto the Private Drive, or directly from IL Rte. 47 via the curb
cut. Internal site circulation is illustrated on the site plan with traffic arrows with movements
occurring in clockwise and counter clockwise direction.
The City Engineer has reviewed the site plan and provided comments with regards to semi-
truck and automobile turning movements on site. Truck-turning templates and exhibits have been
requested from the petitioner and will be subject to engineering review. We are confident should any
adjustments need to be made to the site plan to adequately address any potential auto/truck conflict
that a reasonable solution can be reached at a staff level.
Stormwater Management/Utilities
Onsite detention is provided for the development via two (2) existing stormwater
management systems located just north of the Dunkin Donuts building on Lot 101 and on the
northern portion of Lot 2. It should be noted that the existing detention basins have not been properly
maintained and it is staff’s recommendation that the basin maintenance be addressed through the
final engineering approval process. The site is also accessible to existing public utilities such as
water, sanitary sewer and storm sewer services located along IL Rte. 47 and Fountainview Drive.
OTHER CONSIDERATIONS
Aesthetics/Building Construction
Although not required as part of the Special Use process, the petitioner has provided color
elevations for the proposed Dunkin Donuts building of the development. As proposed, the primary
building material will be a medium brown EIFS siding accented with fiber cement panels in a natural
ledge stone finish. The proposed building materials are consistent with Section 8-15-5: Criteria for
Appearance of the City Code, which requires that new non-residential structures have at least fifty
percent (50%) of the total building constructed of masonry products or precast concrete incorporated
on the front façade and all other facades that abuts a street.
Building elevations have not been provided for the proposed fuel/gasoline service station and
convenience building as final tenancy has not been secured. As stated previously, building elevation
review is a function of the staff building permit review process, however, the petitioner has agreed to
provide renderings/elevations of previous fuel/gasoline service station and convenience store projects
they have completed as a source of reference for the Plan Commission. These elevations are not be
considered as final project elevations for the proposed Fountainview Plaza development and will not
be an exhibit to the final approving ordinance should the petitioner’s requests be granted.
Landscaping
The proposed Landscape Plan illustrates an acceptable and appropriate mix of plant
selections for the site with the intent of providing perimeter plantings along the parking lot areas and
base plantings around the monument signage. The petitioner has requested relief of all parkway tree
plantings along the frontage of IL Rte. 47 for visibility reasons. Per Section 8-12-2 of the Landscape
Ordinance, the site would require a total of three (3) parkway trees. Instead of granting full relief
from parkway tree installation, staff is recommending to reduce the parkway tree requirement to two
(2) trees to be planted on their private property, one located at the far north edge of the property and
the second tree in the bed of the alpine current in front of the fuel islands and canopies. The revised
plans now illustrate this change as requested by staff.
Relief was also requested with regards to parking lot island plantings and storm basin
plantings as we feel the sire plan does accommodate these plantings where possible and there are a
number of trees proposed in the area of the basin. Staff is comfortable in approving these minor
deviations to the Landscape Ordinance as alternative methods of compliance may arise due to site
conditions. Per Section 8-12-3-F-2 of the Landscape Ordinance, requests for alternative methods of
compliance shall be accompanied by sufficient explanation and justification to allow appropriate
evaluation and decision by the City Planner. Staff is supportive of the proposed alternative method of
compliance.
Signage
The petitioner is proposing four (4) distinct sign types labeled as Signs “A” through Sign “D”
on PUD Plan. Variations are proposed for the north wall sign on Lot 101 as well as the menu board
sign with regard number of signs and size area. The ground mounted sign for this lot will also require
variances for sign height. Additional variances are requested for signs on Lot 102 related to the
ground mounted free-standing sign height and signage for fuel island canopies.
The proposed ground mounted signage for the Dunkin Donuts business will adhere to the
current sign ordinance requirements of all base materials being constructed of the same brick, stone
or masonry material that the exterior walls of the principal building is constructed. Staff also
understands with the orientation of the Dunkin Donuts building additional wall signage is needed to
adequately identify the building user to southbound traffic on Il Rte. 47 before approaching the site’s
entrance. Therefore, staff is supportive of the requested sign height increase for Signs “A”, “B” and
“D”, as well as the additional wall signs as depicted by Sign “C” on the plans.
SUMMARY OF PLAN COMMISSION REQUESTS:
The requested resubdivision of the Fountainview development requires review with regards
to a Planned Unit Development (PUD) modification of the overall site plan and land use changes
from the previous approval; special use authorization for the proposed fuel/gas service station; and
Final Plat approval for the subdividing of Lot 1 into two (2) separate parcels. Below is a summary of
the petitioner’s proposal for each of the requested entitlements.
Planned Unit Development Modifications
Since the proposed new site plan and uses for the Fountainview development significantly
deviates from the approved Planned Unit Development (PUD) plan, a request for modification is
required. As mentioned previously, the original 2007 plan contemplated a bank and office uses for
the development. However, the proposed new plan will now include the conversion of Lot 1 into two
lots with commercial and retail uses which are still consistent with the underlying B-3 zoning district.
Planned Unit Developments are unique and complex versions of special uses which allows
for exceptions to the strict application of the zoning district requirements to permit the development
of a planned environment which otherwise would not have been possible under the standard
regulations. Therefore, the petitioner is seeking the specific deviations from the Zoning Code
Ordinance to accomplish the proposed redevelopment of the Fountainview property. A summary of
such deviations are listed below:
• Deviations with regards to permitted uses.
o Proposed retail building with the primary use for a 3,100 square foot
convenience store with a restaurant component as well as a secondary unit of
900 square feet in the same retail building for the operation of a café/tavern
with a video gaming establishment. The approval of the Special Use and PUD
does not give approval of the video gaming operation, as a separate gaming
license approval is needed by the State of Illinois as well as by the City’s
Clerk Office.
• Deviations with regards to yard and setback variations.
o Proposed variations to building setbacks and parking lot setbacks for both
Lots 101 and 102, as depicted on the Preliminary and Final PUD Plan.
• Deviations with regards to signage.
o Proposed variations related to the number, location, type and size of wall,
free-standing monument, window, canopy, and menu board signage.
• Deviations with regards to Landscape Ordinance.
o Proposed variations related to number, type and mix of landscaping materials
and requirements for interior and perimeter parking lot landscaped islands.
Special Use Authorization
Per Section 10-6-0 of the Zoning Ordinance, special use authorization is required for all
requested fuel/gasoline service station uses in all Business and Manufacturing districts. The intent is
to allow the City the opportunity to evaluate each request on a case-by-case basis to determine site
planning aspects such as traffic, ingress and egress, lot coverage, aesthetic and potential
environmental impact to adjoining land uses, signage and location and number accessory structures.
The proposal illustrates two (2) fueling areas on Lot 102 which has fuel islands and pumps
for passenger vehicles located to the southwest of the parcel and a diesel fuel island and canopy
located in the northeast of the parcel for commercial truck users. There are also areas indicated on the
plans were underground fuel tanks will be stored on site.
Final Plat Approval
Since the petitioner is requesting to resubdivide Lot 1 of the original three-lot development
into two (2) new separate parcels, a revised Final Plat is needed for review and approval. The
proposed new Final Plat will illustrate the new lots, Lot 101 and Lot 102, as well as the vacation of a
recorded landscape and sign easement located in the southwest corner of the proposed Lot 102.
STANDARDS FOR GRANTING A SPECIAL USE:
Section 10-4-9-F of the City’s Zoning Ordinance establishes standards for special use
requests. These standards shall apply to both the request for Special Use authorization of a
fuel/gasoline service station and Planned Unit Development (PUD) modification. No special use
shall be recommended by the Plan Commission unless said commission shall find that:
1. The establishment, maintenance or operation of the special use will not be unreasonably
detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and impair
property values within the neighborhood.
3. The establishment of the special use will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being
provided.
5. Adequate measures have been or will be taken to provide ingress or egress so designed as to
minimize traffic congestion in the public streets.
6. The special use shall in all other respects conform to the applicable regulations of the district
in which it is located, except as such regulations may in each instance be modified by the
City Council pursuant to the recommendations of the Plan Commission.
The petitioner has provided written responses to these standards as part of their application
(see attached) and requests inclusion of those responses into the public record at the August 12,
2015 Plan Commission meeting.
PROPOSED CONDITIONS OF SPECIAL USE:
Based upon the above review of the proposed Fountainview Plaza development, should the Plan
Commission consider favorable recommendation of the Special Use, PUD modification and Final
Plat to the City Council, staff recommends the following conditions:
1. The project is subject to final engineering review and approval based upon comments
provided in a review letter from Engineering Enterprises, Inc dated July 20, 2015.
2. Approval and issuance of a permit by the Illinois Department of Transportation for the
proposed right-in/right-out access off of IL Rte. 47.
3. Truck-turning templates and exhibits are submitted and subject to engineering review.
4. Reduction of the parkway tree requirement granted subject to two (2) trees to be planted on
the subject property, one located at the far north edge of the property and the second tree in
the bed of the alpine current in front of the fuel islands and canopies.
5. The video gaming operation, as depicted on the plans, is subject to a separate gaming license
approval by the State of Illinois as well as licensing by the City’s Clerk Office.
STAFF’S RECOMMENDATION:
Staff recommends approval of the Special Use request, PUD modification and Final Plat for
the proposed Fountainview Plaza development with conditions as stipulated in this memorandum as
the site plan is substantially consistent with City Ordinances with regards to building setbacks,
parking/parking setbacks, circulation/access roads, stormwater management/utilities, landscaping/site
lighting and signage, except where variances have been requested and deemed reasonable by staff.
Additionally, conformance with the City’s Appearance Code has been sufficiently met.
PROPOSED MOTIONS:
1. Special Use for PUD Modification
In consideration of testimony presented during a Public Hearing on August 12, 2015 and
approval of the findings of fact, the Plan Commission recommends approval to the City
Council of a request for Special Use authorization to modify an existing Planned Unit
Development (PUD) of the Fountainview Plaza development subject to the conditions
enumerated in a staff memorandum dated August 6, 2015 and illustrated in a Preliminary
and Final PUD Plan prepared by MeritCorp dated 06-26-15 and last revised 07-30-15 and
further subject to {insert any additional conditions of the Plan Commission}…
2. Special Use for Fuel/Gasoline Service Station
In consideration of testimony presented during a Public Hearing on August 12, 2015 and
approval of the findings of fact, the Plan Commission recommends approval to the City
Council of a request for Special Use authorization for a fuel/gasoline service station to be
located on the Fountainview Plaza development subject to the conditions enumerated in a
staff memorandum dated August 6, 2015 and illustrated in a Preliminary and Final PUD
Plan prepared by MeritCorp dated 06-26-15 and last revised 07-30-15 and further subject
to {insert any additional conditions of the Plan Commission}…
3. Final Plat
The Plan Commission recommends approval to the City Council of a request for Final Plat
of Subdivision of the Fountainview Plaza of Yorkville subject to final engineering approval
as enumerated in a letter from Engineering Enterprise Incorporated dated July 20, 2015
and illustrated in a plan prepared by MeritCorp dated 06-26-15 and last revised 07-30-15
and further subject to {insert any additional conditions of the Plan Commission}…
Attachments:
1. Copy of Petitioner’s Application w/exhibits.
2. Engineering Review Comments prepared by EEI, Inc. dated July 20, 2015
3. Copy of Public Notices.
LEGAL DESCRIPTION
1. LOT 1 IN FOUNTAINVIEW, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 4
AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST,
OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT
THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625
(LOT 1 PIN # 05-05-400-043)
2. THAT PART OF LOT 2 IN FOUNTAINVIEW, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER
OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH,
RANGE 7, EAST, OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS,
ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER
2011-3625, MORE PARTICULARLY DESCRIBES AS THE WESTERLY 136 FEET OF THE SOUTHERLY 48
OF SAID LOT 2.
(LOT 2 PIN# 05-05-400-044)
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-3436
PC#___________________
PROPOSED PUD ZONING APPROVALS AND DEPARTURES
FOUNTAINVIEW PLAZA OF YORKVILLE
LOT 1, LOT 2 (PART) IN FOUNTAINVIEW (PINs 05-05-400-043, -044)
YORKVILLE, KENDALL COUNTY, ILLINOIS
The Applicant, HARI DEVELOPMENT YORKVILLE LLC, respectfully submits the following
as its list of approvals under and departures from the Zoning Ordinance contemplated by the development
of the Subject Property and the use of the Adjacent Property for off-site parking:
1. Special use authorization for a planned unit development (Table 10.06.08, Sections 10-8-2(C))
with two distinct parcels and zoning lots on which will initially be located: on Lot 101, a drive
through fast food restaurant establishment with a terrace for dining; and on Lot 102, a gasoline
service station (Table 10.06.03) with outdoor displays (Section 10-3-11), a convenience store and
convenience or fast food restaurant in the north unit and a coffee shop, convenience restaurant or a
tavern-lounge offering video gaming in the south unit (Table 10.06.03), all with the variations,
departures or exceptions from the Zoning Ordinance and other ordinances of the City as noted in
Items 2-25 and depicted in the plans on file with the City.
2. Departures from Section 10-3-1(F), which requires the use of the average of the elevations at the
points of intersection of the front yard line with the side lot lines, in order to allow (a) the datum
point to be the average of the elevation at the base of the corners of the buildings (Lot 101, up to
twenty (20) feet above the datum point (excluding parapets and roof installations), and Lot 102 up
to twenty-five (25) feet above the datum point (excluding parapets and roof installations)) and (b)
the average of the elevation of the grade directly below the four corners of the fuel island canopies
(on Lot 102 up to twenty (20) feet for the larger canopy and up to twenty-nine (29) feet for the
smaller canopy).
3. Departures from Section 10-3-2, Table 10.03.01 and Table 10.07.01 as follows to permit various
yard obstructions:
2
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
a. Irrespective of Section 10-3-2(D)(1)(h) and Sections 10-17-2(A)(3) and
10-17-2(B)(1) to permit a terrace planter-box fence with west of the front building
elevation on Lot 101 which fence will be comprised of three materials;
b. Irrespective of Sections 10-3-2(D)(1)(b), 10-3-2(D)(2), and 10-3-2(D)(4) in order
to permit the gasoline pump island canopies on Lot 102 to extend into the required
front and side yards but not closer than (i) thirty (30) feet to the west front lot line,
(ii) not closer than twenty-five (25) feet to the south side lot line, and (iii) not closer
than thirty-four (34) feet to the east front lot line;
c. Irrespective of Sections 10-3-2(D)(1), 10-3-2(D)(2), and 10-3-2(D)(4) in order to
permit the principal building on Lot 102 to be situated (i) not closer than twenty
(20) feet to the south side lot line and (ii) not closer than twenty-five (25) feet to the
east front lot line;
d. Irrespective of Section 10-3-2(D)(2) in order to permit gasoline pump islands on
Lot 102 to extend (i) not closer than thirty-three (33) feet to the west front lot line
and (ii) not closer than thirty-two (32) feet to the east front lot line;
e. Irrespective of Sections 10-3-2(D)(1)(h), 10-3-2(D)(2), 10-3-5(B), 10-17-2(A)(3),
10-17-2(B)(1) and 10-17-2(F)(1) in order to permit (i) a masonry dumpster
enclosure not closer than twenty-eight (28) feet to the east front lot line of Lot 101
and (ii) a masonry dumpster enclosure not closer than six (6) feet to the east front
lot line of Lot 102, both of said dumpsters being comprised of three building
materials;
f. Irrespective of Sections 10-3-2(D)(2) and 10-16-3(C) as well as Table 10.07.01 in
order to permit a stacking lane for the drive-through establishment on Lot 101 to be
situated between east front yard line and east lot line;
g. Irrespective of Sections 10-3-2(D)(2) and 10-16-3(C) as well as Table 10.07.01 in
order to permit a parking area with a zero (0) foot setback along the east front lot
line of Lot 102;
h. Irrespective of Table 10.07.01 and Table 10.16.01 in order to permit permissive but
not required off-site parking for Lot 101 and Lot 102 on Lot 2 of Fountainview
Subdivision that are no closer to the west front lot line of said Lot 2 than eighteen
3
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
(18) feet and no closer to the south side lot line of said Lot 2 than eleven (11) feet,
with a drive aisle width that spans Lot 2 and the northerly portion of
currently-developed Lot 3;
i. Irrespective of Sections 10-3-2(E) and 10-16-3(D) in order to permit landscaping
depicted in the Landscape Plan for the southeast and southwest corners of Lot 102
within those triangles with 40-foot legs extending from and along the relevant
street lines at the relevant intersections;
4. Departures from Section 10-3-2(D) and Table 10.07.01 in order to permit required parking
on Lot 101 not closer than twelve (12) feet to the south side lot line and not closer than
twenty-four (24) feet to the east front lot line with a drive aisle shared between Lot 101 and
Lot 102.
5. Departures from Section 10-3-5(B) in order to permit a separation of not less than five (5)
feet between the north wall of the principal building on Lot 102 and the diesel gasoline
pump island canopy and in order to permit the larger gasoline pump island canopy to be
situated closer to Bridge Street than the principal building on Lot 102;
6. Departures from Sections 10-3-11(A), 10-3-11(B), and 10-3-11(J) in order to permit (i) the
outdoor display and sale of non-perishable merchandise offered by the gasoline service
station convenience store on the west building face of Lot 102 even if such items may also
be offered for sale indoors, (ii) the installation of a vendor box for movie rentals on the
west building face of the building on Lot 102, (iii) secured storage of tanks/canisters for
carbon dioxide and propane in the east front yard of Lot 102 and (iv) to allow propane
display and storage and ice display and storage on the west building elevation on Lot 102.
7. Departures from Chapter 7, Table 10.07.01 and Section 10-12D-3 in order to allow:
a. Lot coverage on Lot 102 up to eighty-seven percent (87%);
b. An east front building setback of twenty (20) feet from the street line;
c. An east parking setback for Lot 102 of zero (0) feet from the street line;
d. A south minimum side building setback for Lot 102 of twenty (20) feet from the
south lot line;
e. A south parking setback for Lot 102 of five (5) feet from the property line (varies
with interpretation of Table 10.07.01); and
4
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
f. A west parking setback for Lot 102 of five (5) feet from the property line.
8. Departures from Section 10-16-2(D) in order to permit (a) required parking facilities,
specifically, drive aisles, for Lot 101 to be situated on Lot 102 and for Lot 102 to be
situated on Lot 101, (b) voluntary parking facilities for Lots 101 and 102 to be situated on
Lot 2 and also, with respect to the drive aisle, on Lot 3 in Fountainview Subdivision.
9. Departures from Section 10-16-3(D) in order to permit, as depicted in the plans on file, (i)
the east and west driveways for Lot 101 and Lot 102 to be situated less than 200 feet from
the nearest intersection, (ii) width of the driveways for Lot 101 and Lot 102 in excess of 36
feet, and (iii) driveway aprons that widen the width of the driveways for Lot 101 and Lot
102 by more than five (5) feet.
10. Departures from Sections 10-16-5 and 10-16-8(F) in order to permit a voluntary loading
zone to be striped in the drive through establishment’s bypass lane on Lot 101 and to
permit a bypass lane that is as narrow as eleven (11) feet along the east street line of Lot
101.
11. Departures from Section 10-20-4 and Section 10-20-9(A)(1) in order to (a) permit the Lot
101 occupant to have a business sign on the shared ground mounted sign situated in the
southwest corner of Lot 102 and to allow a two ground mounted signs serving the Lot 101
occupancy (situated on Lot 101 and on Lot 102) and (b) permit the Lot 2 occupant to
occupant to have a business sign on the shared ground mounted sign situated in the
southwest corner of Lot 102 and to allow a two ground mounted signs serving the Lot 2
occupancy (situated on Lot 2 and on Lot 102).
12. Departures from Section 10-20-5 in order to exempt the menu board sign for the drive
through establishment on Lot 101 up to an area of fifty (50) square feet.
13. Departures from Section 10-20-6(C) in order to permit a freestanding, ground mounted
sign on Lot 102 at a location not less than 1.5 feet from the west line of the driveway.
14. Departures from Section 10-20-6(D) in order to permit neon tubing signs in (a) one
storefront window on the east and west faces of the south unit in the principal building on
Lot 102 and (b) four storefront windows on the east face of the north unit in the principal
building on Lot 102.
5
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
15. Departures from Section 10-20-9(A)(1) and Table 10.20.01 in order to permit (a) a
freestanding, ground mounted sign not to exceed a height of twelve (12) feet on Lot 101
with an area that is not greater than 38 square feet per sign face, (b) a freestanding, ground
mounted sign on Lot 102 with an area that is not greater than 130 square feet per sign face,
at a height of not greater than 17.5 feet above the current Bridge Street centerline elevation
(16 feet above the grade at the base of the sign), and with two electronic message display
panels per sign face that do not, in aggregate, exceed 48 square feet per sign face or exist at
a height greater than sixteen (16) feet above the current Bridge Street centerline elevation.
16. Departures from Section 10-20-9(A)(2) in order to permit (a) a building mounted business
sign on the north elevation of the principal building on Lot 101 according to the provisions
of Section 10-20-9(A)(2)(a)(i) and (b) building mounted signs not to exceed 30 square feet
in area on the westerly canopy and the principal building on Lot 102 that may exceed 75%
of the width of the building or structural façade to which they are attached.
17. Departures from Section 8-12-2(A)(2)(6)(7) in order to reduce the number of parkway
trees from three (3) to zero (0) while proceeding with a proposal that contemplates City
determination of the placement of two trees at the southeast corner of the principal building
on Lot 1A near the intersection of Fountainview with the private drive and a the stop sign.
18. Departures from Section 8-12-2(C)(1)(2) in order to avoid interior and perimeter parking
lot landscaping requirements that require certain shade trees and shrubs and a 30-foot
buffer yard except to the extent reflected in the plans.
19. Departures from Section 8-12-2(D)(2) in order to allow fewer lot trees and shrubs at certain
locations within the resulting.
20. Departures from Section 8-12-2(F) in order to allow the existing stormwater storage basin
without a buffer and to allow landscaping as previously approved notwithstanding the
location of the high water mark.
21. Departures from Section 8-12-3(D)(E) in order to allow substitutions and mixtures of
species according to the Landscape Plan.
22. Departures from Section 8-12-3(I) in order to allow occupancy of the developments as
landscaping proceeds to completion and according to determinations by planning staff.
6
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
23. Applicant seeks to vacate easement rights pertaining to landscaping and signage and to
utilities.
24. Applicant further seeks such other variations, departures and exceptions not identified
above in order to complete development according to the plans on file with the City.
25. Lastly, Applicant seeks such approvals under the Zoning Ordinance, Subdivision Control
Ordinance, Landscape Ordinance, Comprehensive Plan, and Design Guidelines as
necessary to accomplish the development of Lot 101 for a Dunkin Donuts fast food
restaurant with a drive through establishment and Lot 102 with a reasonable envelope for
development of a gasoline service station, convenience store with liquor sales, a fast food
or convenience food business and a outdoor sales and displays as noted above as well as a
coffee shop, restaurant or tavern-lounge with video gaming and the Lot 102 development
made the subject of staff review to insure compliance with the envelope for development
created by the various entitling ordinances.
Dated: June 30, 2015
Respectfully submitted,
HARI DEVELOPMENT YORKVILLE LLC
_________________________________
Mark W. Daniel
DANIEL LAW OFFICE, P.C.
17W733 Butterfield Road, Suite F
Oakbrook Terrace, IL 60181
(630) 833-3311
mark@thedaniellawoffice.com
FOUNTAINVIEW DRIVE IL ROUTE 47
PRIVATE DRIVE
PROPOSED LOT 101PROPOSEDLOT 102FOUNTAINVIEW DRIVE IL ROUTE 47
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FOUNTAINVIEW PLAZA OF YORKVILLE
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COPYRIGHT C 2015 eritCorpM G R O U P , L L C
PROJECT NO. M15012
DRAWN BY:JDS
CHECKED BY:JPM
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FINAL PLAT OF SUBDIVISION
OF
fountainview plaza of yorkville
BEING A RESUBDIVISION OF LOT 1 IN FOUNTAINVIEW, BEING A RESUBDIVISION OF THE SOUTHWEST
QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH,
RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE
PLAT THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625.
PIN # 05-05-400-043
EXISTING EASEMENT LINE
PROPERTY BOUNDARY
OFFSITE PROPERTY LINE
LEGEND
PROPOSED LOT LINE
ABBREVIATIONS
SURVEYOR MeritCorp Group, LLC
50 N. BROCKWAY, SUITE 3-9
PALATINE , ILLINOIS 60 067
Ph.(847)496.4170
JAMES P. MEIER
ILLINOIS PROFESSIONAL LAND SURVEYOR
#035.003295
REGISTRATION EXPIRES NOV. 30, 2016
OWNER/SUBDIVIDER HARI DEVELOPMENT YORKVILLE, LLC
825 N. CASS AVE.
WESTMONT, ILLINOIS 60559
SURVEYOR'S NOTES
1. ALL MEASUREMENTS AND DISTANCES ARE SHOWN IN FEET AND
DECIMAL PARTS THEREOF.
2. DIMENSIONS ALONG CURVED LINES ARE ARC DIMENSIONS.
3. BASIS OF BEARINGS: THE BEARINGS SHOWN ON THE PLAT MAP
ARE BASED ON THE FINAL PLAT OF SUBDIVISION OF FOUNTAINVIEW,
PER DOC NO 2011-3625.
4. ALL EASEMENTS ARE EXISTING UNLESS OTHERWISE NOTED.
5. UNLESS OTHERWISE SHOWN, 1/2" x 24" IRON PIPES WERE SET AT
ALL LOT CORNERS AND POINTS OF CURVATURE OF SUBDIVISION.
06
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PUBLIC UTILITY & DRAINAGE EASEMENT PROVISIONS
A PERMANENT NON-EXCLUSIVE EASEMENT IS HEREBY GRANTED TO KENDALL COUNTY AND TO
ALL PUBLIC UTILITY COMPANIES OF ANY KIND OPERATING UNDER FRANCHISE GRANTING THEM
EASEMENT RIGHTS FROM SAID COUNTY INCLUDING BUT NOT LIMITED TO, A T & T AND NICOR AND
TO THEIR SUCCESSORS AND ASSIGNS, IN, UPON, ACROSS, OVER, UNDER, AND THROUGH THE
AREAS SHOWN BY DASHED LINES AND LABELED "PUBLIC UTILITY & DRAINAGE EASEMENT" ON THE
PLAT OF SUBDIVISION HEREON DRAWN FOR THE PURPOSE OF INSTALLING, CONSTRUCTING,
INSPECTING, OPERATING, REPLACING, RENEWING, ALTERING, ENLARGING, REMOVING,
REPAIRING, CLEANING, AND MAINTAINING UNDERGROUND ELECTRICAL, CABLE TELEVISION,
COMMUNICATION, GAS, TELEPHONE OR OTHER UTILITY LINES OR APPURTENANCES, SANITARY
AND STORM SEWERS, DRAINAGE WAYS, STORM WATER DETENTION AND RETENTION, WATER
MAINS AND ANY AND ALL MANHOLES, HYDRANTS, PIPES, CONNECTIONS, CATCH BASINS, BUFFALO
BOXES AND WITHOUT LIMITATION, SUCH OTHER INSTALLATIONS AS MAY BE REQUIRED TO
FURNISH PUBLIC UTILITY SERVICE AND TO FACILITATE DRAINAGE TO ADJACENT AREAS
TOGETHER WITH THE RIGHT OF ACCESS ACROSS THE REAL ESTATE PLATTED HEREIN FOR THE
NECESSARY PERSONNEL AND EQUIPMENT TO MAKE ANY OR ALL OF THE ABOVE WORK (HEREIN
COLLECTIVELY REFERRED TO AS "GRANTEES"). THE RIGHT IS ALSO HEREBY GRANTED TO SAID
GRANTEES TO CUT DOWN, TRIM, OR REMOVE ANY TREES, SHRUBS, OR OTHER PLANTS THAT
INTERFERE WITH THE OPERATION OF OR ACCESS TO SAID SEWERS, OR, WITHOUT LIMITATION,
UTILITY INSTALLATIONS IN, ON, UPON OR ACROSS, UNDER, OR THROUGH SAID EASEMENTS. IN
THE EVENT UTILITY MAINTENANCE IS PERFORMED WITHIN THE UTILITY EASEMENT, THE COUNTY
WILL HAVE NO OBLIGATION WITH RESPECT TO SURFACE RESTORATION INCLUDING, BUT NOT
LIMITED TO, THE RESTORATION, REPAIR, OR REPLACEMENT OF ANY LANDSCAPING PROVIDED,
HOWEVER, THE GRANTEES SHALL BE OBLIGATED FOLLOWING ANY SUCH WORK, TO BACKFILL
AND MOUND SO AS TO RETAIN SUITABLE DRAINAGE, REMOVE DEBRIS, AND LEAVE THE AREA IN
GENERALLY CLEAN AND WORKMANLIKE CONDITION. NO PERMANENT BUILDINGS OR TREES
SHALL BE PLACED ON SAID EASEMENTS, BUT THE EASEMENT AREAS MAY BE USED FOR
GARDENS, SHRUBS, LANDSCAPING, PAVING, FENCES, SIDEWALKS, CURBING, AND OTHER
PURPOSES THAT DO NOT INTERFERE WITH THE AFORESAID USES AND RIGHTS AND ARE FULLY
PERMITTED UNDER COUNTY ORDINANCES. WHERE AN EASEMENT IS USED FOR STORM OR
SANITARY SEWERS, OTHER UTILITY INSTALLATIONS SHALL BE SUBJECT TO THE PRIOR APPROVAL
OF SAID COUNTY SO AS NOT TO INTERFERE WITH THE GRAVITY FLOW IN SAID SEWER OR
SEWERS. UTILITY INSTALLATIONS, OTHER THAN THOSE MANAGED BY THE COUNTY SHALL BE
SUBJECT TO THE APPROVAL OF THE COUNTY AS TO DESIGN AND LOCATION, AND ALL OTHER
INSTALLATIONS ARE SUBJECT TO THE ORDINANCES OF THE COUNTY.
STORMWATER MANAGEMENT EASEMENT PROVISIONS
PERPETUAL PUBLIC STORMWATER AND DRAINAGE EASEMENTS ARE HEREBYGRANTED, OVER,
21$&5266$1'81'(5$//2)7+($5($60$5.('³67250:$7(50$1$*(0(17($6(0(17´
OR (S.M.E.) ON THE PLAT FOR THE RIGHT PRIVILEGE AND AUTHORITY FOR THE PURPOSES OF:
1. SURVEYING, CONSTRUCTING, RECONSTRUCTING, REPAIRING, INSPECTING, MAINTAINING, AND
OPERATING ALL STORMWATER MANAGEMENT FACILITIES, STRUCTURES, GRADES, AND SLOPES
ON THE STORMWATER MANAGEMENT EASEMENT AREAS.
2. ENTERING ONTO SAID STORMWATER MANAGEMENT EASEMENT AREAS OR ANY ADJOINING LOT
TO PERFORM THE WORK SPECIFIED IN PARAGRAPH 1 TOGETHER WITH THE RIGHT OF ACCESS
FOR NECESSARY PERSONNEL AND EQUIPMENT TO DO
ANY OF THE REQUIRED WORK.
3. REQUIRED MAINTENANCE OF ALL LANDSCAPING IN ACCORDANCE WITH THE APPROVED
LANDSCAPE AND LANDSCAPE MAINTENANCE PLAN AND OTHER REQUIRED MAINTENANCE
ACTIVITIES INCLUDING BUT NOT LIMITED TO THE CONDUCT OF CONTROLLED BURNS, TRIMMING
OR REMOVING TREES, SHRUBS, PLANTS, MULCH, LANDSCAPING STRUCTURES, RETAINING
WALLS OR ANY OTHER MATERIALS ON SAID STORMWATER MANAGEMENT EASEMENT AREAS
WHICH INTERFERE WITH THE OPERATIONS OF THE STORMWATER FUNCTIONS.
OWNER AND DEVELOPER SHALL HAVE FULL RESPONSIBILITY FOR THE MAINTENANCE OF THE
STORMWATER MANAGEMENT EASEMENT AREAS AS SHOWN ON PLAT OR DESIGNATED AS LOTS
_________________ UNTIL SUCH TIME (IF ANY) AS SAID EASEMENT AREAS ARE CONVEYED TO A
3523(57<2:1(56$662&,$7,21 7+(³$662&,$7,21´ 7+(&2817<2).(1'$//,76$*(176
SUCCESSORS AND ASSIGNS, ARE HEREBY GRANTED RIGHTS OF ENFORCEMENT TO INSURE
THAT THE OBLIGATIONS AS SPECIFIED IN ITEMS 1, 2 & 3 ABOVE ARE FULLY COMPLIED WITH.
THE OWNER AND DEVELOPER OR, UPON CONVEYANCE TO THE ASSOCIATION, THE ASSOCIATION
SHALL HAVE PERPETUAL DUTY AND OBLIGATION TO PERFORM OR HAVE PERFORMED ALL
MAINTENANCE ON SAID EASEMENT AREAS AND ALL MAINTENANCE OF SAID STORMWATER
MANAGEMENT EASEMENT AREAS SO THAT THEY FUNCTION AS HYDRAULICALLY AND
HYDROLOGICALLY PLANNED IN ACCORDANCE WITH ALL APPLICABLE STATUES, ORDINANCES,
RULES AND REGULATIONS.
THE OWNER AND DEVELOPER OR, UPON CONVEYANCE TO THE ASSOCIATION, THE ASSOCIATION,
THEIR AGENTS OR CONTRACTORS, SHALL NOT DESTROY OR MODIFY THE GRADES OR SLOPES
WITHOUT THE PRIOR WRITTEN APPROVAL OF KENDALL COUNTY OR OTHER GOVERNMENTAL
ENTITY HAVING JURISDICTION OVER SAID DRAINAGE OR STORMWATER FACILITIES.NTED, OVER,
21$&5266$1'81'(5$//2)7+($5($60$5.('³7+($662&,$7,216+$//+$9(7+(
PERPETUAL DUTY AND OBLIGATION TO ASSESS ITS MEMBERS ON NO LESS THAN AN ANNUAL
BASIS FOR A
PRORATED SHARE OF THE COST TO MAINTAIN THE STORMWATER MANAGEMENT EASEMENT
AREAS CONVEYED TO THE ASSOCIATION AS WELL AS FOR PRORATED PORTION OF THE REAL
ESTATE PROPERTY TAXES TO BECOME DUE AND PAYBLE ON SUCH STORMWATER MANAGEMENT
EASEMENT AREAS CONVEYED TO THE ASSOCIATION.
NO PERMANENT BUILDINGS, STRUCTURES OR UTILITY FACILITIES SHALL BE CONSTRUCTED ON
SAID STORMWATER MANAGEMENT EASEMENT AREAS,
BY THE OWNER, DEVELOPER, ASSOCIATION, OR ANY OF THEIR SUCCESSORS IN INTEREST, BUT
SAID EASEMENT AREAS MAY BE USED FOR OTHER PURPOSES, INCLUDING PEDESTRIAN PATHS,
THAT DO NOT NOW OR LATER INTERFERE OR CONFLICT WITH THE AFORESAID USES OR RIGHTS
OR IN ANY WAY AFFECT OR IMPEDE THE STORAGE OR FREE FLOW OR TREATMENT OF
STORMWATER ON AND OVER SAID EASEMENT AREAS.
IF THE OWNER AND DEVELOPER OR THE ASSOCIATION (AS APPLICABLE) FAILS TO MAINTAIN THE
STORMWATER MANAGEMENT EASEMENT AREAS AS REQUIRED, THE COUNTY OF KENDALL OR
OTHER GOVERNMENTAL ENTITY HAVING JURISDICTION OVER DRAINAGE OR STORMWATER
FACILITIES ON SAID EASEMENT AREAS SHALL GIVE WRITTEN NOTICE TO THE OWNER AND
DEVELOPER OR ASSOCIATION (AS APPLICABLE) TO REPAIR OR OTHERWISE MAINTAIN THE
STORMWATER MANAGEMENT EASEMENT AREAS WITH A REASONABLE PERIOD TO COMPLETE
THE WORK. IF THE OWNER AND DEVELOPER OR ASSOCIATION (AS APPLICABLE) FAILS TO MAKE
NECESSARY REPAIRS OR TO DO NECESSARY MAINTENANCE IN A TIMELY MANNER, THEN THE
COUNTY OF KENDALL, ITS AGENTS OR CONTRACTORS, OR OTHER GOVERNMENTAL ENTITY
HAVING SUCH JURISDICTION SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO ENTER THE
PROPERTY TO PERFORM MAINTENANCE, REPAIR, CONSTRUCTION OR RECONSTRUCTION
NECESSARY TO MAINTAIN STORMWATER STORAGE, TREATMENT, OR FLOW ON SAID EASEMENTS.
THE OWNER AND DEVELOPER, FOR STORMWATER MANAGEMENT EASEMENT AREAS OWNED BY
IT, AND THE INDIVIDUAL OWNERS OF THE LOTS CREATED BY THE FINAL PLAT OF SUBDIVISION
FOR STORMWATER MANAGEMENT EASEMENT AREAS OWNED BY THE ASSOCIATION, OR THEIR
HEIRS, LEGATEES, ASSIGNS, OR SUCCESSORS IN INTEREST, SHALL BE JOINTLY AND SEVERALLY
LIABLE FOR ALL COSTS INCURRED BY THE COUNTY OF KENDALL OR OTHER GOVERNMENTAL
ENTITY HAVING JURISDICTION OVER DRAINAGE OR STORMWATER FACILITIES ON SAID
EASEMENT AREAS IN PERFORMING SUCH WORK, PLUS AN ADDITIONAL TEN PERCENT (10%) AND
$1<5($621$%/($77251(<¶6)((6,1&/8',1*7+(&26762),1+286(&2816(/
CONNECTED WITH THE COLLECTION OF SUCH COSTS.
TO INSURE THE COUNTY OF KENDALL IS REIMBURSED FOR ANY AND ALL COSTS ASSOCIATED
WITH THE MAINTENANCE OF THE STORMWATER MANAGEMENT EASEMENT AREAS IN THE EVENT
7+(2:1(5$1''(9(/23(5257+(3523(57<2:1(5¶6$662&,$7,21)$,/720$,17$,1$1'
REPAIR THE STORMWATER MANAGEMENT AREAS AS REQUIRED, A BACK-UP SPECIAL SERVICE
AREA (SSA) SHALL BEEN ESTABLISHED AGAINST ANY OR ALL OF THE LOTS CREATED BY THE
PLAT.
THE PROVISIONS OF THESE COVENANTS AND DECLARATIONS RELATING TO STORMWATER
OBLIGATIONS SHALL NOT BE AMENDED, MODIFIED, OR ABROGATED WITHOUT THE PRIOR
WRITTEN APPROVAL OF THE COUNTY OF KENDALL OR OTHER GOVERNMENTAL ENTITY HAVING
JURISDICTION OVER DRAINAGE OR STORMWATER FACILITIES ON THE STORMWATER
MANAGEMENT EASEMENT AREAS.
ALL OF THE ABOVE STATED OBLIGATIONS SHALL ALSO BE CLEARLY REFERENCED IN ANY
COVENANTS, CONDITIONS, DECLARATIONS AND RESTRICTIONS RECORDED AGAINST ANY OF THE
LOTS CREATED BY THIS FINAL PLAT OF SUBDIVISION, AND IN ANY DEEDS OR TITLE
DOCUMENTATION REQUIRED FOR THE CONVEYANCE OF ANY OF SUCH INDIVIDUAL LOTS.
07
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ACCESS EASEMENT PROVISIONS
A NON-EXCLUSIVE EASEMENT FOR ACCESS IS HEREBY RESERVED AND GRANTED TO ALL
PRESENT AND FUTURE OWNERS OF LOTS 101 AND 102. THEIR MORTGAGEES, LESSEES,
INVITEES, SUCCESSORS AND ASSIGNS, AND THE ADJACENT PROPERTY TO THE NORTH.
OVER THE PROPERTY WITHIN THE STRIPS OF LAND DESIGNATED AS ACCESS EASEMENT
ON LOTS 101 AND 102.
KENDALL COUNTY RIGHT TO FARM STATEMENT
NOTICE:
KENDALL COUNTY HAS A LONG, RICH TRADITION IN AGRICULTURE AND RESPECTS
THE ROLE THAT FARMING CONTINUES TO PLAY IN SHAPING THE ECONOMIC
VIABILITY OF THE COUNTY. PROPERTY THAT SUPPORTS THIS INDUSTRY IS
INDICATED BY A ZONING INDICATOR-A-1 OR AG SPECIAL USE. ANYONE
CONSTRUCTING A RESIDENCE OR FACILITY NEAR THIS ZONING SHOULD BE
AWARE THAT NORMAL AGRICULTURAL PRACTICES MAY RESULT IN OCCASIONAL
SMELLS, DUST, SIGHTS, NOISE, AND UNIQUE HOURS OF OPERATION THAT ARE
NOT TYPICAL IN OTHER ZONING AREAS .
PROPOSED EASEMENT LINE
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PROJECT NO. M15012
DRAWN BY:JDS
CHECKED BY:JPM
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FINAL PLAT OF SUBDIVISION
OF
fountainview plaza of yorkville
BEING A RESUBDIVISION OF LOT 1 IN FOUNTAINVIEW, BEING A RESUBDIVISION OF THE SOUTHWEST QUARTER OF
SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 24, 2011
AS DOCUMENT NUMBER 2011-3625.
PIN # 05-05-400-043
SURVEYOR'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
THIS IS TO CERTIFY THAT I, ___________________________________, ILLINOIS
PROFESSIONAL LAND SURVEYOR NO. 35-3295, AT THE REQUEST OF THE
OWNER(S) THEREOF, HAVE SURVEYED, SUBDIVIDED AND PLATTED THE
FOLLOWING DESCRIBED PROPERTY:
LOT 1 IN FOUNTAINVIEW, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER
OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5,
TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED
FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625.
I FURTHER CERTIFY THAT THE PLAT HEREON DRAWN IS A CORRECT AND
ACCURATE REPRESENTATION OF SAID SURVEY AND SUBDIVISION. ALL
DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF.
I FURTHER CERTIFY THAT NO PART OF THE ABOVE DESCRIBED PROPERTY IS
LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON FIRM 17093C0125G,
DATED, FEBRUARY 4, 2009. ALL OF THE PROPERTY IS LOCATED IN ZONE C,
AREAS OF MINIMAL FLOODING.
GIVEN UNDER MY HAND AND SEAL THIS _______ DAY OF _______________, 2015.
_______________________________________________
JAMES P. MEIER, PE, PLS, CFM
ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3295
CURRENT LICENSE EXPIRES NOVEMBER 30, 2016
035-3295
SURFACE WATER STATEMENT
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, JAMES P. MEIER, A PROFESSIONAL ENGINEER DULY LICENSED UNDER THE
LAWS OF THE STATE OF ILLINOIS, DO HEREBY CERTIFY THAT,TO THE BEST OF MY
KNOWLEDGE AND BELIEF, ____________________ SUBDIVISION HAS BEEN
DESIGNED SO THAT THERE IS NO SUBSTANTIAL CHANGE IN THE DRAINAGE OF
SURFACE WATER BY THE CONSTRUCTION OF THIS SUBDIVISION OR, IF CHANGED,
ADEQUATE PROVISION HAS BEEN MADE SO THAT THE ADJOINING LAND WILL NOT
BE DAMAGED.
DATED THIS _________ DAY OF ____________________, A.D., 20_________.
____________________________________________________________
JAMES P. MEIER OWNER OR ATTORNEY FOR OWNER
ILLINOIS REGISTERED
PROFESSIONAL ENGINEER
____________________________
STATE REGISTRATION NUMBER
____________________________
REGISTRATION EXPIRATION DATE
COUNTY CLERK CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
THIS IS TO CERTIFY THAT I, _______________________________ COUNTY CLERK FOR
THE COUNTY AFORESAID, DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT
GENERAL TAXES, NO UNPAID CURRENT TAXES, NO UNPAID FORFEITURE TAXES AND
NO REDEEMABLE TAX SALES AGAINST ANY OF THE REAL ESTATE DESCRIBED IN THE
FOREGOING CERTIFICATES.
DATED THIS _____DAY OF _________________________ 20____.
______________________________
COUNTY CLERK
CITY PLAN COMMISSION CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED BY THE _________________ PLAN COMMISSION, THIS _____ DAY OF
_______________, 20___.
___________________________________
CHAIRMAN
PLAT OFFICER CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED THIS _____DAY OF _________________, 20____.
____________________________
PLAT OFFICER
COUNTY HEALTH DEPARTMENT CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
ISSUANCE OF BUILDING PERMITS SHALL BE SUBJECT TO THE ISSUANCE OF A
GENERAL PERMIT TO CONSTRUCT, AND SUBSEQUENT APPROVAL TO OPERATE, A
COMMUNITY WASTEWATER TREATMENT SYSTEM CAPABLE OF MEETING OR
EXCEEDING ALL APPLICABLE STATE AND LOCAL RULES AND REGULATIONS; AND
ADHERENCE TO ALL CONDITIONS SET FORTH IN THE EXPERIMENTAL USE
AUTHORIZATION FOR A COMMUNITY WASTEWATER TREATMENT SYSTEM, A COPY OF
WHICH HAS BEEN RECORDED WITH THE FINAL PLAT.
APPROVED THIS _________ DAY OF ___________________________20___.
______________________________________
KENDALL COUNTY HEALTH DEPARTMENT
NOTICE OF FEES
ALL LOTS AS DELINEATED IN THE ABOVE PLAT ARE SUBJECT TO PAYMENTS OF FEES
PURSUANT TO THE LAND CASH ORDINANCE OF KENDALL COUNTY AS
ADMINISTERED BY THE KENDALL COUNTY PLANNING, BUILDING & ZONING OFFICE,
AND IS A COVENANT RUNNING WITH THE LAND. A RECORDABLE RELEASE WILL BE
ISSUED UPON PAYMENT OF SUCH FEES.
COUNTY HEALTH DEPARTMENT CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
ISSUANCE OF BUILDING PERMITS SHALL BE SUBJECT TO THE ISSUANCE OF A
GENERAL PERMIT TO CONSTRUCT, AND SUBSEQUENT APPROVAL TO OPERATE, A
COMMUNITY WASTEWATER TREATMENT SYSTEM CAPABLE OF MEETING OR
EXCEEDING ALL APPLICABLE STATE AND LOCAL RULES AND REGULATIONS; AND
ADHERENCE TO ALL CONDITIONS SET FORTH IN THE EXPERIMENTAL USE
AUTHORIZATION FOR A COMMUNITY WASTEWATER TREATMENT SYSTEM, A COPY OF
WHICH HAS BEEN RECORDED WITH THE FINAL PLAT.
APPROVED THIS _________ DAY OF ___________________________20___.
______________________________________
KENDALL COUNTY HEALTH DEPARTMENT
CITY ADMINISTRATOR CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED AND ACCEPTED BY THE CITY ADMINISTRATOR OF THE UNITED CITY OF
YORKVILLE, ILLINOIS, THIS _________ DAY OF ___________________________20___.
______________________________________
CITY ADMINISTRATOR
CITY CLERK'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY
OF YORKVILLE, ILLINOIS, BY ORDINANCE NO. _______________ AT A MEETING HELD
THIS _________ DAY OF ___________________________20___.
______________________________________
CITY CLERK
CITY ENGINEER'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
I, ____________________________, CITY ENGINEER FOR THE UNITED CITY OF
YORKVILLE, DO HEREBY CERTIFY THAT THE REQUIRED IMPROVEMENTS HAVE BEEN
INSTALLED OR THE REQUIRED GUARANTEE COLLATERAL HAS BEEN POSTED FOR
THE COMPLETION OF ALL REQUIRED IMPROVEMENTS.
DATED AT YORKVILLE, ILLINOIS THIS _________ DAY OF ____________________20___.
______________________________________
CITY ENGINEER
06
-
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OWNERSHIP CERTIFICATE
STATE OF ____________ )
) SS
COUNTY OF __________ )
THIS IS TO CERTIFY THAT THE UNDERSIGNED IS (ARE) THE OWNER(S) OF THE
PROPERTY DESCRIBED ON THE ATTACHED PLAT AND HAS (HAVE) CAUSED THE
SAME TO BE SURVEYED, SUBDIVIDED AND PLATTED AS SHOWN BY THE PLAT FOR
THE USES AND PURPOSES AS INDICATED THEREON, AND DOES HEREBY
ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE THEREON
INDICATED.
THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON
THIS PLAT FOR THOROUGHFARES, STREETS, ALLEYS AND PUBLIC SERVICES; AND
HEREBY ALSO RESERVES FOR ANY ELECTRIC, GAS, TELEPHONE, CABLE TV OR
OTHER TELECOMMUNICATIONS COMPANY UNDER FRANCHISE AGREEMENT WITH
THE UNITED CITY OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS, THE
EASEMENT PROVISIONS WHICH ARE STATED HEREON.
THE UNDERSIGNED FURTHER CERTIFIES THAT ALL OF THE LAND INCLUDED IN THIS
PLAT LIES WITHIN THE BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL
DISTRICT 115.
WITNESS MY (OUR) HAND AND SEAL AT , ,
THIS _________ DAY OF ____________________, 20___.
__________________________________ _______________________________
OWNER (PRINTED NAME) OWNER (PRINTED NAME)
NOTARY CERTIFICATE
STATE OF ________ __ )
) SS
COUNTY OF _____ ___ )
I, , NOTARY PUBLIC IN AND FOR THE STATE
AND COUNTY AFORESAID, HEREBY CERTIFY THAT ________________________
AND ______________________________, PERSONALLY KNOW TO ME TO BE THE SAME
PERSON(S) WHOSE NAME(S) IS(ARE) SUBSCRIBED TO THE FOREGOING
INSTRUMENT, APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE
EXECUTION OF THE ANNEXED PLAT AND ACCOMPANYING INSTRUMENTS FOR THE
USES AND PURPOSES THEREIN SET FORTH AS HIS (HER)(THEIR) FREE AND
VOLUNTARY ACT.
GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _____________ DAY OF
________________________, 20 _____.
_______________________________________
NOTARY PUBLIC
CITY COUNCIL CERTIFICATE
STATE OF ILLINOIS)
) SS
COUNTY OF KENDALL)
APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE
UNITED CITY OF YORKVILLE, ILLINOIS, THIS _______DAY OF___________, 20___.
______________________________________________
MAYOR
RECORDER'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL)
THIS INSTRUMENT NO. _________________________ WAS FILED FOR RECORD
IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS, ON THIS _______
DAY OF ____________________, 20____, AT ______________ O'CLOCK ___.M.
___________________________________________
KENDALL COUNTY RECORDER
IDOT CERTIFICATE
THIS PLAT HAS BEEN APPROVED BY THE ILLINOIS DEPARTMENT OF
TRANSPORTATION WITH RESPECT TO ROADWAY ACCESS PURSUANT TO
PARAGRAPH 2 OF "AN ACT TO REVISE THE LAW IN RELATION TO PLATS", AS
AMENDED. A PLAN THAT MEETS THE REQUIREMENTS CONTAINED IN THE
DEPARTMENT'S "POLICY ON PERMITS FOR ACCESS DRIVEWAYS TO STATE
HIGHWAYS" WILL BE REQUIRED BY THE DEPARTMENT.
_________________________________________
DISTRICT ENGINEER
CITY PLAN COMMISSION CERTIFICATE
STATE OF ILLINOIS)
) SS
COUNTY OF KENDALL)
APPROVED AND ACCEPTED BY THE PLAN COMMISSION OF THE
UNITED CITY OF YORKVILLE, ILLINOIS, THIS _______DAY OF___________, 20___.
______________________________________________
CHAIRMAN
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5
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5
DUNKIN DONUTS & FUEL STATION
FOUNTAINVIEW PLAZA OF YORKVILLE
YORKVILLE, ILLINOIS
LANDSCAPE PLAN
07-30-2015 REVISED PER CITY OF YORKVILLE
SHAW MEDIA
PO BOX 250
CRYSTAL LAKE IL 60039-0250
ORDER CONFIRMATION (CONTINUED)
Salesperson: SHELLY BISSELL Printed at 07/21/15 09:00 by sbiss
-----------------------------------------------------------------------------
Acct #: 10098501 Ad #: 1090728 Status: N
PUBLIC NOTICE
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2015-11
NOTICE IS HEREBY GIVEN THAT
Hari Development Yorkville, LLC,
petitioner, has filed an application
with the United City of Yorkville,
Kendall County, Illinois, requesting
special use permit approvals for a
fuel station and authorization for a
Planned Unit Development. The
purpose of the request is to resubdi-
vide an existing lot within the Foun-
tainview Subdivision to allow for a
proposed new drive-through retail
building with outdoor seating and
a mixed use retail building intended
to include a gasoline/fuel service
station with a convenience store
and restaurant in a single unit, as
well as a coffee shop, restaurant or
tavern-lounge with a video gaming
operation in a second unit. Devia-
tions from the City's Zoning Ordi-
nance requested are related to
building and parking setbacks, sig-
nage location and landscaping.
The real property is generally locat-
ed at the northeast corner of Foun-
tainview Drive and S. Bridge Street
(IL Route 47) in Yorkville, Illinois.
The legal description is as follows:
LOT 1 IN FOUNTAINVIEW, BEING
A SUBDIVISION OF THE SOUTH-
WEST QUARTER OF SECTION 4
AND PART OF THE SOUTHEAST
QUARTER OF SECTION 5, TOWN-
SHIP 36 NORTH, RANGE 7,
EAST, OF THE THIRD PRINCIPAL
MERIDIAN, IN KENDALL COUN-
TY, ILLINOIS, ACCORDING TO
THE PLAT THEREOF RECORDED
FEBRUARY 24, 2011 AS DOCU-
MENT NUMBER 2011-3625
(LOT 1 PIN # 05-05-400-043)
THAT PART OF LOT 2 IN FOUN-
TAINVIEW, BEING A SUBDIVI-
SION OF THE SOUTHWEST
QUARTER OF SECTION 4 AND
PART OF THE SOUTHEAST QUAR-
TER OF SECTION 5, TOWNSHIP
36 NORTH, RANGE 7, EAST, OF
THE THIRD PRINCIPAL MERIDI-
AN, IN KENDALL COUNTY, ILLI-
NOIS, ACCORDING TO THE PLAT
THEREOF RECORDED FEBRUARY
24, 2011 AS DOCUMENT NUM-
BER 2011-3625, MORE PAR-
TICULARLY DESCRIBES AS THE
WESTERLY 136 FEET OF THE
SOUTHERLY 48 OF SAID LOT 2.
(LOT 2 PIN# 05-05-400-044)
The application materials for the
proposed Special Use and Planned
Unit Development are on file with
the City Clerk.
NOTICE IS HEREWITH GIVEN THAT
the Plan Commission for the United
City of Yorkville will conduct a pub-
lic hearing on said application on
Wednesday, August 12, 2015 at 7
p.m. at the United City of Yorkville,
City Hall, located at 800 Game
Farm Road, Yorkville, Illinois
60560.
The public hearing may be contin-
ued from time to time to dates cer-
tain without further notice being
published.
All interested parties are invited to
attend the public hearing and will
be given an opportunity to be
heard. Any written comments
should be addressed to the United
City of Yorkville City Clerk, City Hall,
800 Game Farm Road, Yorkville,
Illinois, and will be accepted up to
the date of the public hearing.
By order of the Corporate Authori-
ties of the United City of Yorkville,
Kendall County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
(Published in the Kendall County
Record July 23, 2015) KCR 173
Ordinance No. _____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A SPECIAL USE FOR A TAVERN AND A GAS STATION,
AS AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT
(Resubdivision of Fountainview)
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, under Section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 5/1-1-1,
et seq.), the Mayor and City Council of the City (collectively, the “Corporate Authorities”) may
provide for the classification of special uses in its zoning ordinances; and,
WHEREAS, pursuant to the United City of Yorkville Zoning Ordinance (the “Zoning
Code”), any person owning or having an interest in property may file an application to use such
land for one or more of the special uses provided for in the zoning district in which the land is
situated; and,
WHEREAS, the Subject Property within the Fountainview Subdivision that is the subject
of this Ordinance is legally described as follows:
LOT 1 AND LOT 2 IN FOUNTAINVIEW, BEING A SUBDIVISION OF THE
SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHWEST
QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING
TO THE PLAT THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT
NUMBER 2011-3625.
WHEREAS, Hari Development Yorkville, LLC (the “Hari”) is the contract purchaser of
the Subject Property; and acting with authorization from the current owner and successor to the
Subject Property; and,
WHEREAS, under the authority of the Zoning Code, the Subject Property, lies within a
planned unit development and is situated in a B-3 General Business District, which permits
taverns and gas stations under a special use permit; and,
WHEREAS, the Corporate Authorities have received a request from Hari for an
amended planned unit development and a special use permit for the Subject Property to allow a
tavern and a gas station on a portion of the Subject Property; and,
WHEREAS, a legal notice of publication regarding a public hearing before the Plan
Commission on the proposed special use permits was duly published in a newspaper of general
circulation in the City, not more than thirty (30) nor less than fifteen (15) days prior to the public
hearing; and,
WHEREAS, notice to property owners within 500 feet of the Subject Property identified
for the special use permit was delivered by certified mail; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 12th day
of August, 2015, on the question of the special use application; and,
WHEREAS, the Plan Commission reviewed the standards set forth in Section 10-4-9(F)
of the Zoning Code; and,
WHEREAS, upon conclusion of said public hearing, the Plan Commission
recommended the approval of the special use of the Subject Property as a tavern and gas station
thereby amending the approved Planned Unit Development for the territory within the original
Lot 1 of the Fountainview Subdivision.
2
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: The above recitals are incorporated herein and made a part of this Ordinance.
Section 2: That the Corporate Authorities hereby approve an amended planned unit
development for the original Lot 1 in the Fountainview Subdivision now legally described as
follows:
LOT 101 AND 102 IN FOUNTAINVIEW PLAZA OF YORKVILLE, BEING A
RESUBDIVISION OF LOT 1 IN FOUNTAINVIEW, BEING A
RESUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 4 AND
PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF
RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625,
and also a special use of the Subject Property, legally described as:
LOT 102 OF FOUNTAINVIEW PLAZA OF YORKVILLE, BEING A
RESUBDIVISION OF LOT 1 IN FOUNTAINVIEW, BEING A RESUBDIVISION OF
THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST
QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING
TO THE PLAT THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT
NUMBER 2011-3625,
for use as a tavern and gas station which special use shall act as an amendment to the approved
Planned Unit Development for Lot 1 of the Fountainview Subdivision.
Section 3: That the special use granted herein shall be constructed, operated and
maintained in accordance with the following conditions:
A. Final engineering review and approval including compliance with comments in the
July 20, 2015 review letter from Engineering Enterprises, Inc. and City approved
modifications, if any; and,
B. Approval and issuance of a permit by the Illinois Department of
Transportation for the proposed right-in/right-out access from Illinois Route
47; and,
C. Approval of truck-turning templates and exhibits after engineering review;
and,
3
D. Reduction of the parkway tree requirement to two (2) trees to be planted on
the Subject Property, one to be located on the far north edge of the parcel and
the second tree in the bed of the alpine current in front of the fuel islands and
canopies.
Section 4: This Ordinance shall be in full force and effect upon its passage, approval, and
publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
________ day of ____________________, 2015.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ LARRY KOT ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
SEAVER TARULIS ________ DIANE TEELING ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _______________ 2015.
______________________________
MAYOR
4
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached memo and draft ordinances.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Plan Commission #1
Tracking Number
PC 2015-11, PC 2015-12, PC 2015-13
Fountainview Plaza – Annexation Agreement Amendment
Special City Council/October 29, 2015
08-11-15 Public Hearing
Super Majority (2/3)
Vote.
Annexation Agreement Amendment related to a request for a new commercial/retail
redevelopment of the Fountainview Subdivision.
Krysti J. Barksdale-Noble, AICP Community Development
Name Department
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
b
Summary:
The petitioner, Hari Development Yorkville, LLC, has filed an application with the United
City of Yorkville, Kendall County, Illinois, requesting to amend an existing annexation agreement
related to the Fountainview development for the purpose of getting approval of a proposed new
commercial/retail development on the stalled subdivision. The property is located on the east side of
South Bridge Street (IL Route 47), just north of Fountainview Drive, and consists of three (3) lots
one of which currently contains a car repair and service business.
PROPERTY BACKGROUND:
In April 2007, the City Council approved the execution of an annexation agreement (Ord.
2007-33) for approximately 4.214-acre property to be known as the Fountainview development. The
original developer, DTD Investments, LLC, requested approval of a three (3) lot subdivision which
consisted of B-3 Service Business zoning to allow for a bank and office uses as illustrated in the
following Site Plan that was an exhibit to the original agreement.
Memorandum
To: City Council
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: August 4, 2015
Subject: Fountainview – 2nd Amendment to Annexation Agreement
PUBLIC HEARING Annexation Agreement Amendment for the
Purpose of a Proposed New Commercial/Retail Development
In 2007, the City also entered into an Economic Incentive Agreement (Ord. 2007-36) with
the original developer which approved revenue sharing of the sales taxes generated from businesses
operating on the property.
Subsequently, in June 2008, the City approved an amendment to the original Fountainview
development annexation agreement (Ord. 2008-56) which redefined the property as a Planned Unit
Development (PUD) and adjusted building setbacks for the lot adjacent to South Bridge Street based
upon right-of-way acquisition by the Illinois Department of Transportation (IDOT) for the IL Rte. 47
roadway widening and reconstruction project. An amendment to the Economic Incentive Agreement
was also executed in 2011 which outlined the owner/developer obligations and further defined the
sales tax reimbursement obligations.
Since that time, Lot 3 has been the only parcel to be developed in the Fountainview Plaza
property which contains a Car Care Collision business specializing in automobile repair services. In
2013, Standard Bank obtained ownership of the remaining two lots on the property through
foreclosure and recently entered into a contract purchase agreement with Hari Development
Yorkville LLC to secure entitlements for a proposed new development concept for the property.
PROPOSED DEVELOPMENT:
As proposed, the petitioner is seeking to resubdivide Lot 1 of the Fountainview Plaza
development into two (2) new parcels, Lots 101 and Lots 102. Lot 101, which is approximately 0.93
acres, will contain a nearly 2,000 square foot Dunkin Donuts building with a drive-through window
and a small outdoor seating area; while Lot 102 (approximately 0.86 acres) will have a mixed use
land plan consisting of a fuel/gasoline service station with a convenience store and fast food or
restaurant user. The retail building in Lot 102 will also contain a coffee shop, restaurant or tavern-
lounge with a video gaming operation in a separate unit of the building. Finally, Lot 2, the 1-acre
northeastern parcel, will remain available for development although the petitioner proposes to install
some on-site parking in the initial phase of development as overflow for the Lot 101 uses.
ANNEXATION AGREEMENT AMENDMENT REQUEST:
The petitioner is seeking an amendment to the annexation agreement for the Fountainview
development to remove the reference to the original land plan which illustrated a bank and office
uses for Lots 1, 2 and 3. The proposed second amendment to the original annexation agreement
intends to do the following in an effort to allow for the future redevelopment of the Fountainview
property as proposed by the petitioner:
1. Repeal Ordinance No. 2008-56 as it relates to the Subject Property.
Ordinance No. 2008-56 approved the following specific provisions for Lot 3 of the
original Fountainview development which were maintained during the construction of the Car
Care Collision facility that currently occupies the site:
• Allowance of a front building setback of thirty-seven (37) feet for the
building to be constructed on Lot 3 of Fountainview Subdivision as measured
from the North right-of-way line of the Fountainview Drive right-of-way.
• The dedicated Fountainview Road right-of-way shall consist of sixty-six (66)
feet, with thirty-three (33) feet of that proposed right-of-way being located on
the north half of Fountainview Drive on the property of the Petitioner.
• Approval to maintain a thirteen (13) foot side yard setback for the north side
of the building to be constructed on Lot 3, and a ten (10) foot parking setback
from the roadway as measured from the north right-of-way line of
Fountainview Road.
• Installation of a sidewalk on the north side of Fountainview Drive parallel
with Fountainview Drive in an easement granted by the Developer to the City
outside of said right-of-way on the Subject Property.
• This Ordinance also establishes the Fountainview Development as Planned
Unit Development.
Staff is proposing to retain these approved provisions of the 1st amendment to the annexation
agreement regarding Lot 3, but repeal the portions which relate to the subject property (Lots 1 and
2) being redeveloped by the petitioner. Specifically, Paragraph A(i) which requires that the subject
property be developed with setbacks in substantial conformance with the attached plan which was
incorporated and referenced as Exhibit B.
2. Repeal and Replace Paragraph 1A Annexation and Zoning of Ordinance 2007-33
Paragraph 1. A. Annexation and Zoning of Ordinance 2007-33 approved the following:
• That the zoning for the property shall be B-3 Service Business District.
• That the property be developed in substantial conformance with the attached Site
Plan referenced as “Exhibit B” prepared by Schoppe Design Associates, Inc.
dated 12/08/2008 and which illustrates a bank on Lot 1 and office uses on Lots 2
and 3.
• Owner shall be responsible for providing landscaping in conformance with the
City standards along all perimeter boundaries of the subject property including
preserving as much of the tree line along the east boundary of the property as
possible. No permanent trees covering utilities shall be planted on the right-of-
way adjacent to the subject real property.
• Establishment of a landscape buffer along IL Rte 47 behind the proposed north
right-of-way expansion line of the Illinois Department of Transportation project.
• Permitted uses allowable for O-Office District, B-1 Limited Business District, B-
3 Service Business District and any similar permitted use within those districts
that the City may create. The list of permitted uses was enumerated in Exhibit C
of Ordinance 2007-33.
• The establishment of a thirty (30) foot setback line for the principal structures;
from the roadway being constructed on an easement granted by the County of
Kendall Highway Department. However, parking, signage and landscaping may
be installed in the stipulated setback.
Staff is proposing that Paragraph 1.A. be repealed and replaced with the following:
• That the City hereby states that the Property is currently zoned in the B-3 Service
Business District.
• That the City shall immediately following the adoption of this Second Amendment
approve the following ordinances:
o An ordinance approving the Final Plat of Subdivision for Lot 1 of the
Fountainview Plaza of Yorkville, as attached hereto and made part hereof as
Exhibit A;
o An ordinance approving an amended special use for an amended planned
unit development for Lots 101, 102 and 2 of the Preliminary and Final PUD
Plan for the Fountainview Plaza of Yorkville, as attached hereto and made a
part of as Exhibit B;
o An ordinance approving a special use for a fuel/gasoline service station on
Lot 102 of the Final Plat of Subdivision for the Fountainview Plaza of
Yorkville.
A draft of the proposed ordinance for annexation agreement amendment has been attached to this
memorandum for your review.
STAFF COMMENTS & RECOMMENDATION:
Staff is overall supportive of the proposed redevelopment of the Fountainview Plaza project
and will have minimal additional conditions regarding the proposed Special Use and Planned Unit
Development modification. A public hearing is scheduled before the Plan Commission regarding the
Special Use and Planned Unit Development modification at their August 12, 2015 meeting.
Consideration for the proposed Final Plat, which does not require a public hearing, will be made at
the August 12th Plan Commission meeting, as well.
All recommendations will be forwarded to the City Council for final consideration at the
August 25, 2015 regularly scheduled meeting and the proposed request for annexation agreement
amendment will be subject to approval of the Special Use and Planned Unit Development. The
petitioner and staff will be available to answer any questions at Tuesday night’s meeting.
Attachments:
1. Proposed Draft Annexation Agreement Amendment.
2. Copy of Petitioner’s Application w/exhibits.
3. Ordinance 2007-33
4. Ordinance 2008-56
5. Copy of Public Notice.
LEGAL DESCRIPTION
1. LOT 1 IN FOUNTAINVIEW, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 4
AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST,
OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT
THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625
(LOT 1 PIN # 05-05-400-043)
2. THAT PART OF LOT 2 IN FOUNTAINVIEW, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER
OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH,
RANGE 7, EAST, OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS,
ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER
2011-3625, MORE PARTICULARLY DESCRIBES AS THE WESTERLY 136 FEET OF THE SOUTHERLY 48
OF SAID LOT 2.
(LOT 2 PIN# 05-05-400-044)
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-3436
PC#___________________
PROPOSED PUD ZONING APPROVALS AND DEPARTURES
FOUNTAINVIEW PLAZA OF YORKVILLE
LOT 1, LOT 2 (PART) IN FOUNTAINVIEW (PINs 05-05-400-043, -044)
YORKVILLE, KENDALL COUNTY, ILLINOIS
The Applicant, HARI DEVELOPMENT YORKVILLE LLC, respectfully submits the following
as its list of approvals under and departures from the Zoning Ordinance contemplated by the development
of the Subject Property and the use of the Adjacent Property for off-site parking:
1. Special use authorization for a planned unit development (Table 10.06.08, Sections 10-8-2(C))
with two distinct parcels and zoning lots on which will initially be located: on Lot 101, a drive
through fast food restaurant establishment with a terrace for dining; and on Lot 102, a gasoline
service station (Table 10.06.03) with outdoor displays (Section 10-3-11), a convenience store and
convenience or fast food restaurant in the north unit and a coffee shop, convenience restaurant or a
tavern-lounge offering video gaming in the south unit (Table 10.06.03), all with the variations,
departures or exceptions from the Zoning Ordinance and other ordinances of the City as noted in
Items 2-25 and depicted in the plans on file with the City.
2. Departures from Section 10-3-1(F), which requires the use of the average of the elevations at the
points of intersection of the front yard line with the side lot lines, in order to allow (a) the datum
point to be the average of the elevation at the base of the corners of the buildings (Lot 101, up to
twenty (20) feet above the datum point (excluding parapets and roof installations), and Lot 102 up
to twenty-five (25) feet above the datum point (excluding parapets and roof installations)) and (b)
the average of the elevation of the grade directly below the four corners of the fuel island canopies
(on Lot 102 up to twenty (20) feet for the larger canopy and up to twenty-nine (29) feet for the
smaller canopy).
3. Departures from Section 10-3-2, Table 10.03.01 and Table 10.07.01 as follows to permit various
yard obstructions:
2
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
a. Irrespective of Section 10-3-2(D)(1)(h) and Sections 10-17-2(A)(3) and
10-17-2(B)(1) to permit a terrace planter-box fence with west of the front building
elevation on Lot 101 which fence will be comprised of three materials;
b. Irrespective of Sections 10-3-2(D)(1)(b), 10-3-2(D)(2), and 10-3-2(D)(4) in order
to permit the gasoline pump island canopies on Lot 102 to extend into the required
front and side yards but not closer than (i) thirty (30) feet to the west front lot line,
(ii) not closer than twenty-five (25) feet to the south side lot line, and (iii) not closer
than thirty-four (34) feet to the east front lot line;
c. Irrespective of Sections 10-3-2(D)(1), 10-3-2(D)(2), and 10-3-2(D)(4) in order to
permit the principal building on Lot 102 to be situated (i) not closer than twenty
(20) feet to the south side lot line and (ii) not closer than twenty-five (25) feet to the
east front lot line;
d. Irrespective of Section 10-3-2(D)(2) in order to permit gasoline pump islands on
Lot 102 to extend (i) not closer than thirty-three (33) feet to the west front lot line
and (ii) not closer than thirty-two (32) feet to the east front lot line;
e. Irrespective of Sections 10-3-2(D)(1)(h), 10-3-2(D)(2), 10-3-5(B), 10-17-2(A)(3),
10-17-2(B)(1) and 10-17-2(F)(1) in order to permit (i) a masonry dumpster
enclosure not closer than twenty-eight (28) feet to the east front lot line of Lot 101
and (ii) a masonry dumpster enclosure not closer than six (6) feet to the east front
lot line of Lot 102, both of said dumpsters being comprised of three building
materials;
f. Irrespective of Sections 10-3-2(D)(2) and 10-16-3(C) as well as Table 10.07.01 in
order to permit a stacking lane for the drive-through establishment on Lot 101 to be
situated between east front yard line and east lot line;
g. Irrespective of Sections 10-3-2(D)(2) and 10-16-3(C) as well as Table 10.07.01 in
order to permit a parking area with a zero (0) foot setback along the east front lot
line of Lot 102;
h. Irrespective of Table 10.07.01 and Table 10.16.01 in order to permit permissive but
not required off-site parking for Lot 101 and Lot 102 on Lot 2 of Fountainview
Subdivision that are no closer to the west front lot line of said Lot 2 than eighteen
3
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
(18) feet and no closer to the south side lot line of said Lot 2 than eleven (11) feet,
with a drive aisle width that spans Lot 2 and the northerly portion of
currently-developed Lot 3;
i. Irrespective of Sections 10-3-2(E) and 10-16-3(D) in order to permit landscaping
depicted in the Landscape Plan for the southeast and southwest corners of Lot 102
within those triangles with 40-foot legs extending from and along the relevant
street lines at the relevant intersections;
4. Departures from Section 10-3-2(D) and Table 10.07.01 in order to permit required parking
on Lot 101 not closer than twelve (12) feet to the south side lot line and not closer than
twenty-four (24) feet to the east front lot line with a drive aisle shared between Lot 101 and
Lot 102.
5. Departures from Section 10-3-5(B) in order to permit a separation of not less than five (5)
feet between the north wall of the principal building on Lot 102 and the diesel gasoline
pump island canopy and in order to permit the larger gasoline pump island canopy to be
situated closer to Bridge Street than the principal building on Lot 102;
6. Departures from Sections 10-3-11(A), 10-3-11(B), and 10-3-11(J) in order to permit (i) the
outdoor display and sale of non-perishable merchandise offered by the gasoline service
station convenience store on the west building face of Lot 102 even if such items may also
be offered for sale indoors, (ii) the installation of a vendor box for movie rentals on the
west building face of the building on Lot 102, (iii) secured storage of tanks/canisters for
carbon dioxide and propane in the east front yard of Lot 102 and (iv) to allow propane
display and storage and ice display and storage on the west building elevation on Lot 102.
7. Departures from Chapter 7, Table 10.07.01 and Section 10-12D-3 in order to allow:
a. Lot coverage on Lot 102 up to eighty-seven percent (87%);
b. An east front building setback of twenty (20) feet from the street line;
c. An east parking setback for Lot 102 of zero (0) feet from the street line;
d. A south minimum side building setback for Lot 102 of twenty (20) feet from the
south lot line;
e. A south parking setback for Lot 102 of five (5) feet from the property line (varies
with interpretation of Table 10.07.01); and
4
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
f. A west parking setback for Lot 102 of five (5) feet from the property line.
8. Departures from Section 10-16-2(D) in order to permit (a) required parking facilities,
specifically, drive aisles, for Lot 101 to be situated on Lot 102 and for Lot 102 to be
situated on Lot 101, (b) voluntary parking facilities for Lots 101 and 102 to be situated on
Lot 2 and also, with respect to the drive aisle, on Lot 3 in Fountainview Subdivision.
9. Departures from Section 10-16-3(D) in order to permit, as depicted in the plans on file, (i)
the east and west driveways for Lot 101 and Lot 102 to be situated less than 200 feet from
the nearest intersection, (ii) width of the driveways for Lot 101 and Lot 102 in excess of 36
feet, and (iii) driveway aprons that widen the width of the driveways for Lot 101 and Lot
102 by more than five (5) feet.
10. Departures from Sections 10-16-5 and 10-16-8(F) in order to permit a voluntary loading
zone to be striped in the drive through establishment’s bypass lane on Lot 101 and to
permit a bypass lane that is as narrow as eleven (11) feet along the east street line of Lot
101.
11. Departures from Section 10-20-4 and Section 10-20-9(A)(1) in order to (a) permit the Lot
101 occupant to have a business sign on the shared ground mounted sign situated in the
southwest corner of Lot 102 and to allow a two ground mounted signs serving the Lot 101
occupancy (situated on Lot 101 and on Lot 102) and (b) permit the Lot 2 occupant to
occupant to have a business sign on the shared ground mounted sign situated in the
southwest corner of Lot 102 and to allow a two ground mounted signs serving the Lot 2
occupancy (situated on Lot 2 and on Lot 102).
12. Departures from Section 10-20-5 in order to exempt the menu board sign for the drive
through establishment on Lot 101 up to an area of fifty (50) square feet.
13. Departures from Section 10-20-6(C) in order to permit a freestanding, ground mounted
sign on Lot 102 at a location not less than 1.5 feet from the west line of the driveway.
14. Departures from Section 10-20-6(D) in order to permit neon tubing signs in (a) one
storefront window on the east and west faces of the south unit in the principal building on
Lot 102 and (b) four storefront windows on the east face of the north unit in the principal
building on Lot 102.
5
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
15. Departures from Section 10-20-9(A)(1) and Table 10.20.01 in order to permit (a) a
freestanding, ground mounted sign not to exceed a height of twelve (12) feet on Lot 101
with an area that is not greater than 38 square feet per sign face, (b) a freestanding, ground
mounted sign on Lot 102 with an area that is not greater than 130 square feet per sign face,
at a height of not greater than 17.5 feet above the current Bridge Street centerline elevation
(16 feet above the grade at the base of the sign), and with two electronic message display
panels per sign face that do not, in aggregate, exceed 48 square feet per sign face or exist at
a height greater than sixteen (16) feet above the current Bridge Street centerline elevation.
16. Departures from Section 10-20-9(A)(2) in order to permit (a) a building mounted business
sign on the north elevation of the principal building on Lot 101 according to the provisions
of Section 10-20-9(A)(2)(a)(i) and (b) building mounted signs not to exceed 30 square feet
in area on the westerly canopy and the principal building on Lot 102 that may exceed 75%
of the width of the building or structural façade to which they are attached.
17. Departures from Section 8-12-2(A)(2)(6)(7) in order to reduce the number of parkway
trees from three (3) to zero (0) while proceeding with a proposal that contemplates City
determination of the placement of two trees at the southeast corner of the principal building
on Lot 1A near the intersection of Fountainview with the private drive and a the stop sign.
18. Departures from Section 8-12-2(C)(1)(2) in order to avoid interior and perimeter parking
lot landscaping requirements that require certain shade trees and shrubs and a 30-foot
buffer yard except to the extent reflected in the plans.
19. Departures from Section 8-12-2(D)(2) in order to allow fewer lot trees and shrubs at certain
locations within the resulting.
20. Departures from Section 8-12-2(F) in order to allow the existing stormwater storage basin
without a buffer and to allow landscaping as previously approved notwithstanding the
location of the high water mark.
21. Departures from Section 8-12-3(D)(E) in order to allow substitutions and mixtures of
species according to the Landscape Plan.
22. Departures from Section 8-12-3(I) in order to allow occupancy of the developments as
landscaping proceeds to completion and according to determinations by planning staff.
6
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
23. Applicant seeks to vacate easement rights pertaining to landscaping and signage and to
utilities.
24. Applicant further seeks such other variations, departures and exceptions not identified
above in order to complete development according to the plans on file with the City.
25. Lastly, Applicant seeks such approvals under the Zoning Ordinance, Subdivision Control
Ordinance, Landscape Ordinance, Comprehensive Plan, and Design Guidelines as
necessary to accomplish the development of Lot 101 for a Dunkin Donuts fast food
restaurant with a drive through establishment and Lot 102 with a reasonable envelope for
development of a gasoline service station, convenience store with liquor sales, a fast food
or convenience food business and a outdoor sales and displays as noted above as well as a
coffee shop, restaurant or tavern-lounge with video gaming and the Lot 102 development
made the subject of staff review to insure compliance with the envelope for development
created by the various entitling ordinances.
Dated: June 30, 2015
Respectfully submitted,
HARI DEVELOPMENT YORKVILLE LLC
_________________________________
Mark W. Daniel
DANIEL LAW OFFICE, P.C.
17W733 Butterfield Road, Suite F
Oakbrook Terrace, IL 60181
(630) 833-3311
mark@thedaniellawoffice.com
FOUNTAINVIEW DRIVE IL ROUTE 47
PRIVATE DRIVE
PROPOSED LOT 101PROPOSEDLOT 102FOUNTAINVIEW DRIVE IL ROUTE 47
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FINAL PLAT OF SUBDIVISION
OF
fountainview plaza of yorkville
BEING A RESUBDIVISION OF LOT 1 IN FOUNTAINVIEW, BEING A RESUBDIVISION OF THE SOUTHWEST
QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH,
RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE
PLAT THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625.
PIN # 05-05-400-043
EXISTING EASEMENT LINE
PROPERTY BOUNDARY
OFFSITE PROPERTY LINE
LEGEND
PROPOSED LOT LINE
ABBREVIATIONS
SURVEYOR MeritCorp Group, LLC
50 N. BROCKWAY, SUITE 3-9
PALATINE , ILLINOIS 60 067
Ph.(847)496.4170
JAMES P. MEIER
ILLINOIS PROFESSIONAL LAND SURVEYOR
#035.003295
REGISTRATION EXPIRES NOV. 30, 2016
OWNER/SUBDIVIDER HARI DEVELOPMENT YORKVILLE, LLC
825 N. CASS AVE.
WESTMONT, ILLINOIS 60559
SURVEYOR'S NOTES
1. ALL MEASUREMENTS AND DISTANCES ARE SHOWN IN FEET AND
DECIMAL PARTS THEREOF.
2. DIMENSIONS ALONG CURVED LINES ARE ARC DIMENSIONS.
3. BASIS OF BEARINGS: THE BEARINGS SHOWN ON THE PLAT MAP
ARE BASED ON THE FINAL PLAT OF SUBDIVISION OF FOUNTAINVIEW,
PER DOC NO 2011-3625.
4. ALL EASEMENTS ARE EXISTING UNLESS OTHERWISE NOTED.
5. UNLESS OTHERWISE SHOWN, 1/2" x 24" IRON PIPES WERE SET AT
ALL LOT CORNERS AND POINTS OF CURVATURE OF SUBDIVISION.
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PUBLIC UTILITY & DRAINAGE EASEMENT PROVISIONS
A PERMANENT NON-EXCLUSIVE EASEMENT IS HEREBY GRANTED TO KENDALL COUNTY AND TO
ALL PUBLIC UTILITY COMPANIES OF ANY KIND OPERATING UNDER FRANCHISE GRANTING THEM
EASEMENT RIGHTS FROM SAID COUNTY INCLUDING BUT NOT LIMITED TO, A T & T AND NICOR AND
TO THEIR SUCCESSORS AND ASSIGNS, IN, UPON, ACROSS, OVER, UNDER, AND THROUGH THE
AREAS SHOWN BY DASHED LINES AND LABELED "PUBLIC UTILITY & DRAINAGE EASEMENT" ON THE
PLAT OF SUBDIVISION HEREON DRAWN FOR THE PURPOSE OF INSTALLING, CONSTRUCTING,
INSPECTING, OPERATING, REPLACING, RENEWING, ALTERING, ENLARGING, REMOVING,
REPAIRING, CLEANING, AND MAINTAINING UNDERGROUND ELECTRICAL, CABLE TELEVISION,
COMMUNICATION, GAS, TELEPHONE OR OTHER UTILITY LINES OR APPURTENANCES, SANITARY
AND STORM SEWERS, DRAINAGE WAYS, STORM WATER DETENTION AND RETENTION, WATER
MAINS AND ANY AND ALL MANHOLES, HYDRANTS, PIPES, CONNECTIONS, CATCH BASINS, BUFFALO
BOXES AND WITHOUT LIMITATION, SUCH OTHER INSTALLATIONS AS MAY BE REQUIRED TO
FURNISH PUBLIC UTILITY SERVICE AND TO FACILITATE DRAINAGE TO ADJACENT AREAS
TOGETHER WITH THE RIGHT OF ACCESS ACROSS THE REAL ESTATE PLATTED HEREIN FOR THE
NECESSARY PERSONNEL AND EQUIPMENT TO MAKE ANY OR ALL OF THE ABOVE WORK (HEREIN
COLLECTIVELY REFERRED TO AS "GRANTEES"). THE RIGHT IS ALSO HEREBY GRANTED TO SAID
GRANTEES TO CUT DOWN, TRIM, OR REMOVE ANY TREES, SHRUBS, OR OTHER PLANTS THAT
INTERFERE WITH THE OPERATION OF OR ACCESS TO SAID SEWERS, OR, WITHOUT LIMITATION,
UTILITY INSTALLATIONS IN, ON, UPON OR ACROSS, UNDER, OR THROUGH SAID EASEMENTS. IN
THE EVENT UTILITY MAINTENANCE IS PERFORMED WITHIN THE UTILITY EASEMENT, THE COUNTY
WILL HAVE NO OBLIGATION WITH RESPECT TO SURFACE RESTORATION INCLUDING, BUT NOT
LIMITED TO, THE RESTORATION, REPAIR, OR REPLACEMENT OF ANY LANDSCAPING PROVIDED,
HOWEVER, THE GRANTEES SHALL BE OBLIGATED FOLLOWING ANY SUCH WORK, TO BACKFILL
AND MOUND SO AS TO RETAIN SUITABLE DRAINAGE, REMOVE DEBRIS, AND LEAVE THE AREA IN
GENERALLY CLEAN AND WORKMANLIKE CONDITION. NO PERMANENT BUILDINGS OR TREES
SHALL BE PLACED ON SAID EASEMENTS, BUT THE EASEMENT AREAS MAY BE USED FOR
GARDENS, SHRUBS, LANDSCAPING, PAVING, FENCES, SIDEWALKS, CURBING, AND OTHER
PURPOSES THAT DO NOT INTERFERE WITH THE AFORESAID USES AND RIGHTS AND ARE FULLY
PERMITTED UNDER COUNTY ORDINANCES. WHERE AN EASEMENT IS USED FOR STORM OR
SANITARY SEWERS, OTHER UTILITY INSTALLATIONS SHALL BE SUBJECT TO THE PRIOR APPROVAL
OF SAID COUNTY SO AS NOT TO INTERFERE WITH THE GRAVITY FLOW IN SAID SEWER OR
SEWERS. UTILITY INSTALLATIONS, OTHER THAN THOSE MANAGED BY THE COUNTY SHALL BE
SUBJECT TO THE APPROVAL OF THE COUNTY AS TO DESIGN AND LOCATION, AND ALL OTHER
INSTALLATIONS ARE SUBJECT TO THE ORDINANCES OF THE COUNTY.
STORMWATER MANAGEMENT EASEMENT PROVISIONS
PERPETUAL PUBLIC STORMWATER AND DRAINAGE EASEMENTS ARE HEREBYGRANTED, OVER,
21$&5266$1'81'(5$//2)7+($5($60$5.('³67250:$7(50$1$*(0(17($6(0(17´
OR (S.M.E.) ON THE PLAT FOR THE RIGHT PRIVILEGE AND AUTHORITY FOR THE PURPOSES OF:
1. SURVEYING, CONSTRUCTING, RECONSTRUCTING, REPAIRING, INSPECTING, MAINTAINING, AND
OPERATING ALL STORMWATER MANAGEMENT FACILITIES, STRUCTURES, GRADES, AND SLOPES
ON THE STORMWATER MANAGEMENT EASEMENT AREAS.
2. ENTERING ONTO SAID STORMWATER MANAGEMENT EASEMENT AREAS OR ANY ADJOINING LOT
TO PERFORM THE WORK SPECIFIED IN PARAGRAPH 1 TOGETHER WITH THE RIGHT OF ACCESS
FOR NECESSARY PERSONNEL AND EQUIPMENT TO DO
ANY OF THE REQUIRED WORK.
3. REQUIRED MAINTENANCE OF ALL LANDSCAPING IN ACCORDANCE WITH THE APPROVED
LANDSCAPE AND LANDSCAPE MAINTENANCE PLAN AND OTHER REQUIRED MAINTENANCE
ACTIVITIES INCLUDING BUT NOT LIMITED TO THE CONDUCT OF CONTROLLED BURNS, TRIMMING
OR REMOVING TREES, SHRUBS, PLANTS, MULCH, LANDSCAPING STRUCTURES, RETAINING
WALLS OR ANY OTHER MATERIALS ON SAID STORMWATER MANAGEMENT EASEMENT AREAS
WHICH INTERFERE WITH THE OPERATIONS OF THE STORMWATER FUNCTIONS.
OWNER AND DEVELOPER SHALL HAVE FULL RESPONSIBILITY FOR THE MAINTENANCE OF THE
STORMWATER MANAGEMENT EASEMENT AREAS AS SHOWN ON PLAT OR DESIGNATED AS LOTS
_________________ UNTIL SUCH TIME (IF ANY) AS SAID EASEMENT AREAS ARE CONVEYED TO A
3523(57<2:1(56$662&,$7,21 7+(³$662&,$7,21´ 7+(&2817<2).(1'$//,76$*(176
SUCCESSORS AND ASSIGNS, ARE HEREBY GRANTED RIGHTS OF ENFORCEMENT TO INSURE
THAT THE OBLIGATIONS AS SPECIFIED IN ITEMS 1, 2 & 3 ABOVE ARE FULLY COMPLIED WITH.
THE OWNER AND DEVELOPER OR, UPON CONVEYANCE TO THE ASSOCIATION, THE ASSOCIATION
SHALL HAVE PERPETUAL DUTY AND OBLIGATION TO PERFORM OR HAVE PERFORMED ALL
MAINTENANCE ON SAID EASEMENT AREAS AND ALL MAINTENANCE OF SAID STORMWATER
MANAGEMENT EASEMENT AREAS SO THAT THEY FUNCTION AS HYDRAULICALLY AND
HYDROLOGICALLY PLANNED IN ACCORDANCE WITH ALL APPLICABLE STATUES, ORDINANCES,
RULES AND REGULATIONS.
THE OWNER AND DEVELOPER OR, UPON CONVEYANCE TO THE ASSOCIATION, THE ASSOCIATION,
THEIR AGENTS OR CONTRACTORS, SHALL NOT DESTROY OR MODIFY THE GRADES OR SLOPES
WITHOUT THE PRIOR WRITTEN APPROVAL OF KENDALL COUNTY OR OTHER GOVERNMENTAL
ENTITY HAVING JURISDICTION OVER SAID DRAINAGE OR STORMWATER FACILITIES.NTED, OVER,
21$&5266$1'81'(5$//2)7+($5($60$5.('³7+($662&,$7,216+$//+$9(7+(
PERPETUAL DUTY AND OBLIGATION TO ASSESS ITS MEMBERS ON NO LESS THAN AN ANNUAL
BASIS FOR A
PRORATED SHARE OF THE COST TO MAINTAIN THE STORMWATER MANAGEMENT EASEMENT
AREAS CONVEYED TO THE ASSOCIATION AS WELL AS FOR PRORATED PORTION OF THE REAL
ESTATE PROPERTY TAXES TO BECOME DUE AND PAYBLE ON SUCH STORMWATER MANAGEMENT
EASEMENT AREAS CONVEYED TO THE ASSOCIATION.
NO PERMANENT BUILDINGS, STRUCTURES OR UTILITY FACILITIES SHALL BE CONSTRUCTED ON
SAID STORMWATER MANAGEMENT EASEMENT AREAS,
BY THE OWNER, DEVELOPER, ASSOCIATION, OR ANY OF THEIR SUCCESSORS IN INTEREST, BUT
SAID EASEMENT AREAS MAY BE USED FOR OTHER PURPOSES, INCLUDING PEDESTRIAN PATHS,
THAT DO NOT NOW OR LATER INTERFERE OR CONFLICT WITH THE AFORESAID USES OR RIGHTS
OR IN ANY WAY AFFECT OR IMPEDE THE STORAGE OR FREE FLOW OR TREATMENT OF
STORMWATER ON AND OVER SAID EASEMENT AREAS.
IF THE OWNER AND DEVELOPER OR THE ASSOCIATION (AS APPLICABLE) FAILS TO MAINTAIN THE
STORMWATER MANAGEMENT EASEMENT AREAS AS REQUIRED, THE COUNTY OF KENDALL OR
OTHER GOVERNMENTAL ENTITY HAVING JURISDICTION OVER DRAINAGE OR STORMWATER
FACILITIES ON SAID EASEMENT AREAS SHALL GIVE WRITTEN NOTICE TO THE OWNER AND
DEVELOPER OR ASSOCIATION (AS APPLICABLE) TO REPAIR OR OTHERWISE MAINTAIN THE
STORMWATER MANAGEMENT EASEMENT AREAS WITH A REASONABLE PERIOD TO COMPLETE
THE WORK. IF THE OWNER AND DEVELOPER OR ASSOCIATION (AS APPLICABLE) FAILS TO MAKE
NECESSARY REPAIRS OR TO DO NECESSARY MAINTENANCE IN A TIMELY MANNER, THEN THE
COUNTY OF KENDALL, ITS AGENTS OR CONTRACTORS, OR OTHER GOVERNMENTAL ENTITY
HAVING SUCH JURISDICTION SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO ENTER THE
PROPERTY TO PERFORM MAINTENANCE, REPAIR, CONSTRUCTION OR RECONSTRUCTION
NECESSARY TO MAINTAIN STORMWATER STORAGE, TREATMENT, OR FLOW ON SAID EASEMENTS.
THE OWNER AND DEVELOPER, FOR STORMWATER MANAGEMENT EASEMENT AREAS OWNED BY
IT, AND THE INDIVIDUAL OWNERS OF THE LOTS CREATED BY THE FINAL PLAT OF SUBDIVISION
FOR STORMWATER MANAGEMENT EASEMENT AREAS OWNED BY THE ASSOCIATION, OR THEIR
HEIRS, LEGATEES, ASSIGNS, OR SUCCESSORS IN INTEREST, SHALL BE JOINTLY AND SEVERALLY
LIABLE FOR ALL COSTS INCURRED BY THE COUNTY OF KENDALL OR OTHER GOVERNMENTAL
ENTITY HAVING JURISDICTION OVER DRAINAGE OR STORMWATER FACILITIES ON SAID
EASEMENT AREAS IN PERFORMING SUCH WORK, PLUS AN ADDITIONAL TEN PERCENT (10%) AND
$1<5($621$%/($77251(<¶6)((6,1&/8',1*7+(&26762),1+286(&2816(/
CONNECTED WITH THE COLLECTION OF SUCH COSTS.
TO INSURE THE COUNTY OF KENDALL IS REIMBURSED FOR ANY AND ALL COSTS ASSOCIATED
WITH THE MAINTENANCE OF THE STORMWATER MANAGEMENT EASEMENT AREAS IN THE EVENT
7+(2:1(5$1''(9(/23(5257+(3523(57<2:1(5¶6$662&,$7,21)$,/720$,17$,1$1'
REPAIR THE STORMWATER MANAGEMENT AREAS AS REQUIRED, A BACK-UP SPECIAL SERVICE
AREA (SSA) SHALL BEEN ESTABLISHED AGAINST ANY OR ALL OF THE LOTS CREATED BY THE
PLAT.
THE PROVISIONS OF THESE COVENANTS AND DECLARATIONS RELATING TO STORMWATER
OBLIGATIONS SHALL NOT BE AMENDED, MODIFIED, OR ABROGATED WITHOUT THE PRIOR
WRITTEN APPROVAL OF THE COUNTY OF KENDALL OR OTHER GOVERNMENTAL ENTITY HAVING
JURISDICTION OVER DRAINAGE OR STORMWATER FACILITIES ON THE STORMWATER
MANAGEMENT EASEMENT AREAS.
ALL OF THE ABOVE STATED OBLIGATIONS SHALL ALSO BE CLEARLY REFERENCED IN ANY
COVENANTS, CONDITIONS, DECLARATIONS AND RESTRICTIONS RECORDED AGAINST ANY OF THE
LOTS CREATED BY THIS FINAL PLAT OF SUBDIVISION, AND IN ANY DEEDS OR TITLE
DOCUMENTATION REQUIRED FOR THE CONVEYANCE OF ANY OF SUCH INDIVIDUAL LOTS.
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ACCESS EASEMENT PROVISIONS
A NON-EXCLUSIVE EASEMENT FOR ACCESS IS HEREBY RESERVED AND GRANTED TO ALL
PRESENT AND FUTURE OWNERS OF LOTS 101 AND 102. THEIR MORTGAGEES, LESSEES,
INVITEES, SUCCESSORS AND ASSIGNS, AND THE ADJACENT PROPERTY TO THE NORTH.
OVER THE PROPERTY WITHIN THE STRIPS OF LAND DESIGNATED AS ACCESS EASEMENT
ON LOTS 101 AND 102.
KENDALL COUNTY RIGHT TO FARM STATEMENT
NOTICE:
KENDALL COUNTY HAS A LONG, RICH TRADITION IN AGRICULTURE AND RESPECTS
THE ROLE THAT FARMING CONTINUES TO PLAY IN SHAPING THE ECONOMIC
VIABILITY OF THE COUNTY. PROPERTY THAT SUPPORTS THIS INDUSTRY IS
INDICATED BY A ZONING INDICATOR-A-1 OR AG SPECIAL USE. ANYONE
CONSTRUCTING A RESIDENCE OR FACILITY NEAR THIS ZONING SHOULD BE
AWARE THAT NORMAL AGRICULTURAL PRACTICES MAY RESULT IN OCCASIONAL
SMELLS, DUST, SIGHTS, NOISE, AND UNIQUE HOURS OF OPERATION THAT ARE
NOT TYPICAL IN OTHER ZONING AREAS .
PROPOSED EASEMENT LINE
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NORTH
1" = 20'
GRAPHIC SCALE
COPYRIGHT C 2015 eritCorpM G R O U P , L L C
PROJECT NO. M15012
DRAWN BY:JDS
CHECKED BY:JPM
SHEET NO.2/2
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FINAL PLAT OF SUBDIVISION
OF
fountainview plaza of yorkville
BEING A RESUBDIVISION OF LOT 1 IN FOUNTAINVIEW, BEING A RESUBDIVISION OF THE SOUTHWEST QUARTER OF
SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 24, 2011
AS DOCUMENT NUMBER 2011-3625.
PIN # 05-05-400-043
SURVEYOR'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
THIS IS TO CERTIFY THAT I, ___________________________________, ILLINOIS
PROFESSIONAL LAND SURVEYOR NO. 35-3295, AT THE REQUEST OF THE
OWNER(S) THEREOF, HAVE SURVEYED, SUBDIVIDED AND PLATTED THE
FOLLOWING DESCRIBED PROPERTY:
LOT 1 IN FOUNTAINVIEW, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER
OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5,
TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED
FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625.
I FURTHER CERTIFY THAT THE PLAT HEREON DRAWN IS A CORRECT AND
ACCURATE REPRESENTATION OF SAID SURVEY AND SUBDIVISION. ALL
DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF.
I FURTHER CERTIFY THAT NO PART OF THE ABOVE DESCRIBED PROPERTY IS
LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON FIRM 17093C0125G,
DATED, FEBRUARY 4, 2009. ALL OF THE PROPERTY IS LOCATED IN ZONE C,
AREAS OF MINIMAL FLOODING.
GIVEN UNDER MY HAND AND SEAL THIS _______ DAY OF _______________, 2015.
_______________________________________________
JAMES P. MEIER, PE, PLS, CFM
ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3295
CURRENT LICENSE EXPIRES NOVEMBER 30, 2016
035-3295
SURFACE WATER STATEMENT
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, JAMES P. MEIER, A PROFESSIONAL ENGINEER DULY LICENSED UNDER THE
LAWS OF THE STATE OF ILLINOIS, DO HEREBY CERTIFY THAT,TO THE BEST OF MY
KNOWLEDGE AND BELIEF, ____________________ SUBDIVISION HAS BEEN
DESIGNED SO THAT THERE IS NO SUBSTANTIAL CHANGE IN THE DRAINAGE OF
SURFACE WATER BY THE CONSTRUCTION OF THIS SUBDIVISION OR, IF CHANGED,
ADEQUATE PROVISION HAS BEEN MADE SO THAT THE ADJOINING LAND WILL NOT
BE DAMAGED.
DATED THIS _________ DAY OF ____________________, A.D., 20_________.
____________________________________________________________
JAMES P. MEIER OWNER OR ATTORNEY FOR OWNER
ILLINOIS REGISTERED
PROFESSIONAL ENGINEER
____________________________
STATE REGISTRATION NUMBER
____________________________
REGISTRATION EXPIRATION DATE
COUNTY CLERK CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
THIS IS TO CERTIFY THAT I, _______________________________ COUNTY CLERK FOR
THE COUNTY AFORESAID, DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT
GENERAL TAXES, NO UNPAID CURRENT TAXES, NO UNPAID FORFEITURE TAXES AND
NO REDEEMABLE TAX SALES AGAINST ANY OF THE REAL ESTATE DESCRIBED IN THE
FOREGOING CERTIFICATES.
DATED THIS _____DAY OF _________________________ 20____.
______________________________
COUNTY CLERK
CITY PLAN COMMISSION CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED BY THE _________________ PLAN COMMISSION, THIS _____ DAY OF
_______________, 20___.
___________________________________
CHAIRMAN
PLAT OFFICER CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED THIS _____DAY OF _________________, 20____.
____________________________
PLAT OFFICER
COUNTY HEALTH DEPARTMENT CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
ISSUANCE OF BUILDING PERMITS SHALL BE SUBJECT TO THE ISSUANCE OF A
GENERAL PERMIT TO CONSTRUCT, AND SUBSEQUENT APPROVAL TO OPERATE, A
COMMUNITY WASTEWATER TREATMENT SYSTEM CAPABLE OF MEETING OR
EXCEEDING ALL APPLICABLE STATE AND LOCAL RULES AND REGULATIONS; AND
ADHERENCE TO ALL CONDITIONS SET FORTH IN THE EXPERIMENTAL USE
AUTHORIZATION FOR A COMMUNITY WASTEWATER TREATMENT SYSTEM, A COPY OF
WHICH HAS BEEN RECORDED WITH THE FINAL PLAT.
APPROVED THIS _________ DAY OF ___________________________20___.
______________________________________
KENDALL COUNTY HEALTH DEPARTMENT
NOTICE OF FEES
ALL LOTS AS DELINEATED IN THE ABOVE PLAT ARE SUBJECT TO PAYMENTS OF FEES
PURSUANT TO THE LAND CASH ORDINANCE OF KENDALL COUNTY AS
ADMINISTERED BY THE KENDALL COUNTY PLANNING, BUILDING & ZONING OFFICE,
AND IS A COVENANT RUNNING WITH THE LAND. A RECORDABLE RELEASE WILL BE
ISSUED UPON PAYMENT OF SUCH FEES.
COUNTY HEALTH DEPARTMENT CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
ISSUANCE OF BUILDING PERMITS SHALL BE SUBJECT TO THE ISSUANCE OF A
GENERAL PERMIT TO CONSTRUCT, AND SUBSEQUENT APPROVAL TO OPERATE, A
COMMUNITY WASTEWATER TREATMENT SYSTEM CAPABLE OF MEETING OR
EXCEEDING ALL APPLICABLE STATE AND LOCAL RULES AND REGULATIONS; AND
ADHERENCE TO ALL CONDITIONS SET FORTH IN THE EXPERIMENTAL USE
AUTHORIZATION FOR A COMMUNITY WASTEWATER TREATMENT SYSTEM, A COPY OF
WHICH HAS BEEN RECORDED WITH THE FINAL PLAT.
APPROVED THIS _________ DAY OF ___________________________20___.
______________________________________
KENDALL COUNTY HEALTH DEPARTMENT
CITY ADMINISTRATOR CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED AND ACCEPTED BY THE CITY ADMINISTRATOR OF THE UNITED CITY OF
YORKVILLE, ILLINOIS, THIS _________ DAY OF ___________________________20___.
______________________________________
CITY ADMINISTRATOR
CITY CLERK'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY
OF YORKVILLE, ILLINOIS, BY ORDINANCE NO. _______________ AT A MEETING HELD
THIS _________ DAY OF ___________________________20___.
______________________________________
CITY CLERK
CITY ENGINEER'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
I, ____________________________, CITY ENGINEER FOR THE UNITED CITY OF
YORKVILLE, DO HEREBY CERTIFY THAT THE REQUIRED IMPROVEMENTS HAVE BEEN
INSTALLED OR THE REQUIRED GUARANTEE COLLATERAL HAS BEEN POSTED FOR
THE COMPLETION OF ALL REQUIRED IMPROVEMENTS.
DATED AT YORKVILLE, ILLINOIS THIS _________ DAY OF ____________________20___.
______________________________________
CITY ENGINEER
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OWNERSHIP CERTIFICATE
STATE OF ____________ )
) SS
COUNTY OF __________ )
THIS IS TO CERTIFY THAT THE UNDERSIGNED IS (ARE) THE OWNER(S) OF THE
PROPERTY DESCRIBED ON THE ATTACHED PLAT AND HAS (HAVE) CAUSED THE
SAME TO BE SURVEYED, SUBDIVIDED AND PLATTED AS SHOWN BY THE PLAT FOR
THE USES AND PURPOSES AS INDICATED THEREON, AND DOES HEREBY
ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE THEREON
INDICATED.
THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON
THIS PLAT FOR THOROUGHFARES, STREETS, ALLEYS AND PUBLIC SERVICES; AND
HEREBY ALSO RESERVES FOR ANY ELECTRIC, GAS, TELEPHONE, CABLE TV OR
OTHER TELECOMMUNICATIONS COMPANY UNDER FRANCHISE AGREEMENT WITH
THE UNITED CITY OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS, THE
EASEMENT PROVISIONS WHICH ARE STATED HEREON.
THE UNDERSIGNED FURTHER CERTIFIES THAT ALL OF THE LAND INCLUDED IN THIS
PLAT LIES WITHIN THE BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL
DISTRICT 115.
WITNESS MY (OUR) HAND AND SEAL AT , ,
THIS _________ DAY OF ____________________, 20___.
__________________________________ _______________________________
OWNER (PRINTED NAME) OWNER (PRINTED NAME)
NOTARY CERTIFICATE
STATE OF ________ __ )
) SS
COUNTY OF _____ ___ )
I, , NOTARY PUBLIC IN AND FOR THE STATE
AND COUNTY AFORESAID, HEREBY CERTIFY THAT ________________________
AND ______________________________, PERSONALLY KNOW TO ME TO BE THE SAME
PERSON(S) WHOSE NAME(S) IS(ARE) SUBSCRIBED TO THE FOREGOING
INSTRUMENT, APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE
EXECUTION OF THE ANNEXED PLAT AND ACCOMPANYING INSTRUMENTS FOR THE
USES AND PURPOSES THEREIN SET FORTH AS HIS (HER)(THEIR) FREE AND
VOLUNTARY ACT.
GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _____________ DAY OF
________________________, 20 _____.
_______________________________________
NOTARY PUBLIC
CITY COUNCIL CERTIFICATE
STATE OF ILLINOIS)
) SS
COUNTY OF KENDALL)
APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE
UNITED CITY OF YORKVILLE, ILLINOIS, THIS _______DAY OF___________, 20___.
______________________________________________
MAYOR
RECORDER'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL)
THIS INSTRUMENT NO. _________________________ WAS FILED FOR RECORD
IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS, ON THIS _______
DAY OF ____________________, 20____, AT ______________ O'CLOCK ___.M.
___________________________________________
KENDALL COUNTY RECORDER
IDOT CERTIFICATE
THIS PLAT HAS BEEN APPROVED BY THE ILLINOIS DEPARTMENT OF
TRANSPORTATION WITH RESPECT TO ROADWAY ACCESS PURSUANT TO
PARAGRAPH 2 OF "AN ACT TO REVISE THE LAW IN RELATION TO PLATS", AS
AMENDED. A PLAN THAT MEETS THE REQUIREMENTS CONTAINED IN THE
DEPARTMENT'S "POLICY ON PERMITS FOR ACCESS DRIVEWAYS TO STATE
HIGHWAYS" WILL BE REQUIRED BY THE DEPARTMENT.
_________________________________________
DISTRICT ENGINEER
CITY PLAN COMMISSION CERTIFICATE
STATE OF ILLINOIS)
) SS
COUNTY OF KENDALL)
APPROVED AND ACCEPTED BY THE PLAN COMMISSION OF THE
UNITED CITY OF YORKVILLE, ILLINOIS, THIS _______DAY OF___________, 20___.
______________________________________________
CHAIRMAN
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DUNKIN DONUTS & FUEL STATION
FOUNTAINVIEW PLAZA OF YORKVILLE
YORKVILLE, ILLINOIS
LANDSCAPE PLAN
07-30-2015 REVISED PER CITY OF YORKVILLE
SHAW MEDIA
PO BOX 250
CRYSTAL LAKE IL 60039-0250
ORDER CONFIRMATION (CONTINUED)
Salesperson: SHELLY BISSELL Printed at 07/21/15 09:06 by sbiss
-----------------------------------------------------------------------------
Acct #: 10098501 Ad #: 1090738 Status: N
PUBLIC NOTICE
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
UNITED CITY OF YORKVILLE
CITY COUNCIL
PC 2015-13
NOTICE IS HEREBY GIVEN THAT
Hari Development Yorkville, LLC,
petitioner, has filed an application
with the United City of Yorkville,
Kendall County, Illinois, requesting
to amend an existing annexation
agreement for the Fountainview De-
velopment to remove the land use
requirements of a bank and office
on the property described therein
an exhibit previously approved as
part of the original agreement. The
real property is generally located at
the northeast corner of Fountain-
view Drive and S. Bridge Street (IL
Route 47) in Yorkville, Illinois.
The legal description is as follows:
LOT 1 IN FOUNTAINVIEW, BEING
A SUBDIVISION OF THE SOUTH-
WEST QUARTER OF SECTION 4
AND PART OF THE SOUTHEAST
QUARTER OF SECTION 5, TOWN-
SHIP 36 NORTH, RANGE 7,
EAST, OF THE THIRD PRINCIPAL
MERIDIAN, IN KENDALL COUN-
TY, ILLINOIS, ACCORDING TO
THE PLAT THEREOF RECORDED
FEBRUARY 24, 2011 AS DOCU-
MENT NUMBER 2011-3625
(LOT 1 PIN # 05-05-400-043)
THAT PART OF LOT 2 IN FOUN-
TAINVIEW, BEING A SUBDIVI-
SION OF THE SOUTHWEST
QUARTER OF SECTION 4 AND
PART OF THE SOUTHEAST QUAR-
TER OF SECTION 5, TOWNSHIP
36 NORTH, RANGE 7, EAST, OF
THE THIRD PRINCIPAL MERIDI-
AN, IN KENDALL COUNTY, ILLI-
NOIS, ACCORDING TO THE PLAT
THEREOF RECORDED FEBRUARY
24, 2011 AS DOCUMENT NUM-
BER 2011-3625, MORE PAR-
TICULARLY DESCRIBES AS THE
WESTERLY 136 FEET OF THE
SOUTHERLY 48 OF SAID LOT 2.
(LOT 2 PIN# 05-05-400-044)
The application materials for the
Annexation Agreement Amendment
are on file with the City Clerk.
NOTICE IS HEREWITH GIVEN THAT
the City Council for the United City
of Yorkville will conduct a public
hearing on said application on
Tuesday, August 11, 2015 at 7
p.m. at the United City of Yorkville,
City Hall, located at 800 Game
Farm Road, Yorkville, Illinois
60560.
The public hearing may be contin-
ued from time to time to dates cer-
tain without further notice being
published.
All interested parties are invited to
attend the public hearing and will
be given an opportunity to be
heard. Any written comments
should be addressed to the United
City of Yorkville City Clerk, City Hall,
800 Game Farm Road, Yorkville,
Illinois, and will be accepted up to
the date of the public hearing.
By order of the Corporate Authori-
ties of the United City of Yorkville,
Kendall County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
(Published in the Kendall County
Record July 23, 2015) KCR 172
Ordinance No. _____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A SECOND AMENDMENT TO THE FOUNTAINVIEW/DTD
INVESTMENTS, LLC ANNEXATION AGREEMENT
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the City and DTD Investments, LLC, an Illinois limited liability company
(the “Owner/Developer”), entered into an Annexation Agreement on April 24, 2007 (the
“Original Agreement”) (Ordinance No. 2007-33), regarding property owned by the
Owner/Developer which is approximately 4.214 acres (the “Subject Property”); and,
WHEREAS, the Owner/Developer thereafter requested the City to amend the Original
Agreement in order to address certain set back issues and the construction of sidewalks (the
“First Amendment”) which the City approved on June 24, 2008 (Ordinance No. 2008-56); and,
WHEREAS, Hari Development Yorkville, LLC (“Hari”), as contract purchaser of Lot
and Lot 2 of the Subject Property and as authorized by the current owner and successor to the
Owner/Developer proposes to subdivide Lot 1 for purposes of development; and,
WHEREAS, AM2 Properties, LLC, as the owner of Lot 3 of the Subject Property, has
been advised of Hari’s proposed development of Lot 1 of the Subject Property and the plan for
Lot 2 and AM2 Properties, LLC will join in the Second Amendment; and,
WHEREAS, the Mayor and the City Council deem it to be in the best interest of the
health, safety and welfare of its citizens to amend the Original Agreement as amended by the
First Amendment to permit the development of Lot 1 of the Subject Property (with interim and
future development on Lot 2) pursuant to the terms set forth in the Second Amendment to the
Fountainview/DTD Investments, LLC, Annexation Agreement in the form attached hereto and
made a part hereof and otherwise according to other applicable ordinances and laws.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That the Second Amendment to the Fountainview/DTD Investments, LLC
Annexation Agreement, as Amended, is hereby approved and the Mayor and City Clerk are
hereby authorized to execute.
Section 2: This Ordinance shall be in full force and effect upon its passage, approval, and
publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
________ day of ____________________, 2015.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ LARRY KOT ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
SEAVER TARULIS ________ DIANE TEELING ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _______________ 2015.
______________________________
MAYOR
2
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
A SECOND AMENDMENT TO THE FOUNTAINVIEW/DTD
INVESTMENTS, LLC ANNEXATION AGREEMENT, AS AMENDED
This Second Amendment to the Fountainview/DTD Investments, LLC, Annexation
Agreement dated April 24, 2007, as amended June 24, 2008, is by and among AM2 Properties
LLC, an Illinois limited liability company, Hari Development Yorkville, LLC, an Illinois
liability company (as successors in interest to DTD Investments, LLC, an Illinois limited liability
company the Owner/Developer) and the United City of Yorkville, Kendall County, Illinois, an
Illinois municipality.
PREAMBLES:
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, the City and DTD Investments, LLC, an Illinois limited liability company
(the “Owner/Developer”), entered in an Annexation/Planned Unit Development Agreement on
April 24, 2007 (the “Original Agreement”), regarding property owned by the Owner/Developer
which is approximately 4.214 acres (the “Subject Property”); and,
WHEREAS, the Owner/Developer thereafter requested the City to amend the Original
Agreement in order to address certain set back issues and the construction of sidewalks (the
“First Amendment”); and,
WHEREAS, after holding a public hearing on the First Amendment as required by law,
the Mayor and City Council of the City approved the First Amendment on June 24, 2008,
pursuant to Ordinance 2008-56; and,
WHEREAS, Hari Development Yorkville, LLC, as successor in interest as to Lots 1 and
2 of the Subject Property (“Hari”), desires to develop Lots 1 and 2 and has submitted to the City
a Plat of Resubdivision of the Subject Property to divide Lot 1 into Lots 101 and 102; has
applied for a special use on the newly created Lot 102 thereby amending the approved Planned
Unit Development for the Subject Property; and,
WHEREAS, AM2 Properties, LLC is the successor in interest to DTD Investments, LLC
as to Lot 3 of the Subject Property; and,
WHEREAS, the Mayor and the City Council deem it to be in the best interest of the
health, safety and welfare of its citizens to amend the Original Agreement and the First
Amendment to permit the development of Lots 1 and 2 of the Subject Property as proposed by
Hari.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. The foregoing preambles are hereby adopted as if fully restated in this Section
1.
Section 2. That the following shall be submitted to the Mayor and City Council
immediately following the adoption of this Second Amendment:
1(a) A Resolution Approving a Plat of Resubdivision of the Subject Property (the
“Resubdivision”); and,
(b) An Ordinance Approving a Special Use for a gas station and tavern as a part of an
Amended Planned Unit Development (the “Special Use”).
2
Section 3. The terms of this Second Amendment to the Original Agreement as amended
by the First Amendment shall control all future plans for development and redevelopment of the
Subject Property after approval by the Mayor and City Council of the Resubdivision and the
Special Use amending the approved Planned Unit Development and all future amendments shall
not require further amendment to the Original Agreement but shall be subject solely to the
approval of the Mayor and City Council in accordance with the process and proceedings as
required by the City Code.
Section 4. Notices or other materials which any party is required to, or may wish to,
serve upon any other party in connection with this Agreement shall be in writing and shall be
deemed effectively given on the date of confirmed tele-facsimile transmission, on the date
delivered personally or on the second business day following the date sent by certified or
registered mail, return receipt requested, postage prepaid, addressed as follows:
To Owner/Developer:
Hari Development Yorkville, LLC
____________________________
____________________________
With a copy to:
____________________________
____________________________
____________________________
To the City:
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
3
With a copy to:
Kathleen Field Orr
Kathleen Field Orr & Associates
53 West Jackson Blvd.
Suite 964
Chicago, Illinois 60604
AM2 Properties, LLC
____________________________
____________________________
With a copy to:
_________________________________
_________________________________
_________________________________
Section 5. In the event any part or portion of this Agreement, or any provision, clause,
word, or designation of this Agreement is held to be invalid by any court of competent
jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to
be excised from this Agreement and the invalidity thereof shall not effect such portion or
portions of this Agreement as remain. In addition, the City and Developer shall take all action
necessary or required to fulfill the intent of this Agreement as to the use and development of the
Property.
Section 6. This Agreement may be amended from time to time in writing with the
consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled
Statutes. This Agreement may be amended by the City and the owner of record of a portion of
the Property as to provisions applying exclusively thereto, without the consent of the owner of
other portions of the Property not affected by such amendment.
4
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this ____
day of _________________________, 2015.
United City of Yorkville, an Illinois
municipal corporation
By: __________________________________
Mayor
Attest:
_________________________________
City Clerk
Hari Development Yorkville, LLC
By: __________________________________
President
Attest:
__________________________________
Secretary
AM2 Properties, LLC
By: __________________________________
President
Attest:
__________________________________
Secretary
5
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached draft ordinance and proposed Economic Incentive Agreement.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Plan Commisison #1c
Tracking Number
PC 2015-11, PC 2015-12, PC 2015-13
Fountainview Plaza – Economic Incentive Agreement
Special City Council/October 29, 2015
Majority
Vote.
Approval of an Economic Incentive Agreement related to a request for a new
commercial/retail redevelopment of the Fountainview Plaza development.
Krysti J. Barksdale-Noble, AICP Community Development
Name Department
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
SUMMARY:
Review of an incentive agreement with Hari Development Yorkville, LLC, the
Petitioner/Developer, for a proposed new commercial/retail development as part of the Fountainview
Subdivision.
BACKGROUND:
In April 2007, the City Council approved the execution of an annexation agreement (Ord.
2007-33) for approximately 4.214-acre property to be known as the Fountainview development. The
original developer, DTD Investments, LLC, requested approval of a three (3) lot subdivision which
consisted of B-3 Service Business zoning to allow for a bank and office uses.
In 2007, the City also entered into an Economic Incentive Agreement (Ord. 2007-36) with
the original developer which approved revenue sharing of the sales taxes generated from businesses
operating on the property. An amendment to the Economic Incentive Agreement was also executed
in 2011 which outlined the owner/developer obligations and further defined the sales tax
reimbursement obligations. This agreement has since been declared in breach and a default letter was
issued to the owner and recorded against the property.
Since that time, Lot 3 has been the only parcel to be developed in the Fountainview Plaza
property which contains a Car Care Collision business specializing in automobile repair services. In
2013, Standard Bank obtained ownership of the remaining two lots on the property through
foreclosure and recently entered into a contract purchase agreement with Hari Development
Yorkville LLC to secure entitlements for a proposed new development concept on the property.
PROPOSED DEVELOPMENT:
As proposed, the petitioner is seeking to resubdivide Lot 1 of the Fountainview Plaza
development into two (2) new parcels, Lots 101 and Lots 102. Lot 101, which is approximately 0.93
acres, will contain a nearly 2,000 square foot Dunkin Donuts building with a drive-through window
and a small outdoor seating area; while Lot 102 (approximately 0.86 acres) will have a mixed use
land plan consisting of a fuel/gasoline service station with a convenience store and fast food or
restaurant user.
The retail building in Lot 102 will also contain a coffee shop, restaurant or tavern-lounge
with a video gaming operation in a separate unit of the building. Finally, Lot 2, the 1-acre
northeastern parcel, will remain available for development although the petitioner proposes to install
some on-site parking in the initial phase of development as overflow for the Lot 101 uses.
Memorandum
To: City Council
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: October 21, 2015
Subject: Fountainview – Economic Incentive Agreement
Approval of an Economic Incentive Agreement for a Proposed New
Commercial/Retail Development
PROPOSED ECONOMIC INCENTIVE AGREEMENT:
Staff met with the Petitioner on several occasions over the past few months to discuss the
proposed redevelopment of the Fountainview property and to negotiate the terms of an amended
Economic Incentive Agreement. The incentives offered in this agreement align with the previous
agreements for the original Fountainview Development in that they are a revenue sharing agreement
based off of the sales taxes generated by the future development.
The terms of the proposed new Economic Incentive Agreement for Lots 101 and 102 of the
Fountainview Plaza development are as follows:
1. The Developer agrees to take possession of the property on or before December 31,
2015.
2. The Developer agrees that the proposed Dunkin Donuts (Lot 101) shall commence
construction on or before March 1, 2016 and complete construction on or before March
31, 2017.
3. The Developer agrees that the proposed gas station and commercial/retail development
(Lot 102) shall commence construction on or before December 31, 2018 and complete
construction on or before December 31, 2019.
4. The City agrees to reimburse the Developer a maximum amount of $95,000.00 from
sales taxes generated from the businesses on Lots 101 and 102 for a period of ten (10)
yea rs only if:
a. Construction of Lot 101 is completed by March 1, 2017 and a certificate of
occupancy is issued not later than June 1, 2017, and
b. Construction of Lot 102 is completed and a certificate of occupancy is issued no t
later than December 31, 2019.
c. In the event the project on Lot 102 is not complete and has not been issued a
certificate of occupancy on or before December 31, 2019, the amount of sales tax
reimbursement to the Developer is reduced to $63,350.00.
5. The City agrees to commence reimbursement of sales tax revenue to the Developer on
January 1 following the issuance of the certificate of occupancy of the new lots as
follows:
YEAR REBATE
1 80
2 70
3 60
4 50
5 50
6 50
7 40
8 30
9 20
RECOMMENDATION:
Staff recommends approval of the Fountainview Plaza Economic Incentive Agreement with
Hari Development Yorkville, LLC as presented as the proposed redevelopment will provide needed
reinvestment on the City’s south side of retail establishments and provide employment opportunities.
Ordinance No. 2015-____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING AN ECONOMIC INCENTIVE AGREEMENT
(Fountainview)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly
organized and validly existing non-home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, Hari Development Yorkville, LLC, an Illinois limited liability corporation
(the “Developer”) is the contract purchaser of a certain tract of property (the “Subject Property”)
which was a portion of the territory that was annexed by the Mayor and City Council (the
“Corporate Authorities”) pursuant to Ordinance Number 2007-33 on April 24, 2007, and
included in the plat of subdivision, recorded on February 24, 2011, as Kendall County Document
No. 2011-3625 (“Fountainview Plat”); and,
WHEREAS, the Developer desires to develop Lot 1 of the Subject Property with a
special use as permitted by the underlying B-3 zoning classification and regulations (subject to
various deviations from the City’s Zoning Code); and,
WHEREAS, the Developer has submitted a Plat of Resubdivision of the Fountainview
Plat to the City for its approval, which Plat contemplates the resubdivision of Lot 1 into Lot 101
and Lot 102. Lot 101 (containing approximately 0.93 acres) will be the location of a Dunkin
Donuts business in a building of approximately 2000 square feet with a drive through window
and a small outdoor seating area; and, Lot 102 (approximately 0.86 acres) will be a mixed use
consisting of a fuel/gasoline service station with a convenience store. The retail building to be
located on Lot 102 may also house a coffee shop, restaurant or tavern/lounge with a video
gaming operation in a separate unit of the building. Lot 2 will not be subdivided but will remain
Ordinance No. 2015-___
Page 1
available for development (approximately one acre) and in the interim be used as on-site parking
for the Lot 101 and 102 developments (collectively the “Project”); and,
WHEREAS, the Developer also intends to align existing easements and public and
private improvement rights pertaining to Lot 1 as previously approved and made a part of the
Fountainview Plat with its proposed development and to cooperate with the City and the other
owner of property included in the Fountainview Plat in planning for the management and
maintenance of easements and appurtenances; and,
WHEREAS, the Developer has advised the City that in order to redevelop the Subject
Property and to undertake the Project as has been proposed, the Developer shall need financial
assistance due to the replatting, redesign and new engineering plans required in connection with
the amendments to the Planned Unit Development permitting the special uses as described
above; and,
WHEREAS, the Corporate Authorities have determined that the economic development
incentives for the benefit of the Developer as authorized by the Economic Development Act
(Sec. 8-1-2.5 of the Illinois Municipal Code) and the Economic Incentive Act (Sec. 8-11-20 of
the Illinois Municipal Code) and the completion of the Project by the Developer pursuant to the
Economic Incentive Agreement by and between the City and the Developer are in the best
interests of the City and the health, safety, morals and welfare of its residents and taxpayers,
thereby providing for economic development, enhancing the tax base of the City and other taxing
districts and adding to the welfare and prosperity of the City and its inhabitants.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Ordinance No. 2015-___
Page 2
Section 1. The Economic Incentive Agreement (Fountainview), attached hereto and
made a part hereof, is hereby approved and the Mayor and City Clerk are hereby authorized to
execute and deliver said Agreement on behalf of the City.
Section 2. The Mayor and City Administrator are hereby authorized and directed to
undertake any and all actions as may be required to implement the terms of said Agreement.
Section 3. This Ordinance shall be in full force and effect from and after its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
____ day of _________________, A.D. 2015.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ LARRY KOT ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
DIANE TEELING ________ SEAVER TARULIS ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _________________, A.D. 2015.
____________________________________
MAYOR
Attest:
______________________________
CITY CLERK
Ordinance No. 2015-___
Page 3
ECONOMIC INCENTIVE AGREEMENT
(Fountainview)
THIS ECONOMIC INCENTIVE AGREEMENT dated as of the ______ day of
______________, 2015, by and between the United City of Yorkville, Kendall County, Illinois, a
municipal corporation (hereafter the “City”) and Hari Development Yorkville, LLC, an Illinois
limited liability corporation (hereafter “Developer”).
PREAMBLES:
WHEREAS, the City is a duly organized and validly existing non-home-rule
municipality created in accordance with the Constitution of the State of Illinois of 1970 and the
laws of the State; and,
WHEREAS, the Developer is the contract purchaser of a certain tract of property legally
described as:
Lot 1 and Lot 2 in Fountainview, being a subdivision of the southwest quarter
of Section 4 and part of the southwest quarter of Section 5, Township 36
North, Range 7, East of the Third Principal Meridian, in Kendall County,
Illinois, according to the plat thereof recorded February 24, 2011 as document
number 2011-3625
PIN s 05-05-400-043 and 05-05-400-044
(the “Subject Property”) which was a portion of the territory that was annexed by the Mayor and
City Council (the “Corporate Authorities”) pursuant to Ordinance Number 2007-33 on April 24,
2007, and included in the plat of subdivision, recorded on February 24, 2011, as Kendall County
Document No. 2011-3625 (“Fountainview Plat”); and,
WHEREAS, the Developer desires to develop Lot 1 of the Subject Property with special
uses as permitted by the underlying B-3 zoning classification and regulations (subject to various
deviations from the City’s Zoning Code); and,
WHEREAS, the Developer has submitted a Plat of Resubdivision of the Fountainview
Plat to the City for its approval, which Plat contemplates the resubdivision of Lot 1 into Lot 101
and Lot 102; and,
WHEREAS, the Developer also intends to align existing easements and public and
private improvement rights pertaining to Lot 1 as previously approved with its proposed
development; and, WHEREAS, the Developer’s proposes to subdivide Lot 1, as depicted on
the Plat of Resubdivision attached hereto as Exhibit A, into two (2) new parcels, Lots 101 and
Lots 102 (collectively the “New Lots). Lot 101 (containing approximately 0.93 acres) will be the
location of a Dunkin Donuts business in a building of approximately 2000 square feet with a
drive through window and a small outdoor seating area; and, Lot 102 (approximately 0.86 acres)
will be a mixed use consisting of a fuel/gasoline service station with a convenience store. The
retail building to be located on Lot 102 may also house a coffee shop, restaurant or tavern/lounge
with a video gaming operation in a separate unit of the building. Lot 2 will not be subdivided but
will remain available for development (approximately one acre) and in the interim be used for
off-site parking for the Lot 101 and 102 developments (collectively the “Project”); and,
WHEREAS, the Developer has advised the City that in order to redevelop the Subject
Property and to undertake the Project as has been proposed, the Developer shall need financial
assistance due to the replatting, redesign and new engineering plans required in connection with
the amendments to the Planned Unit Development permitting the special uses as described
above; and
WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq. (the
“Code”), as from time to time amended, and, more specifically, Sec. 8-1-2.5 of the Code (the
2
“Economic Development Act”), the Corporate Authorities are empowered to appropriate and
expend funds for economic development purposes including the making of grants to any
commercial enterprise as deemed necessary for the promotion of economic development; and,
WHEREAS, pursuant to the Code, and, more specifically, Sec. 8-11-20 of the Code (the
“Economic Incentive Act”), the Corporate Authorities are empowered to enter into economic
incentive agreements or redevelopment agreements relating to the development or
redevelopment of land within the City’s corporate limits by which the City is authorized to
rebate, share and/or pledge a portion of any retailer’s occupation taxes received by the City
pursuant to the Illinois Retailers’ Occupation Tax Act (35 ILCS 120/1 et seq.) (“Sales Taxes”) as
a direct result of such development or redevelopment; and,
WHEREAS, the Corporate Authorities have determined that the economic development
incentives for the benefit of the Developer as authorized by the Economic Development Act and
the Economic Incentive Act and the completion of the Project by the Developer pursuant to this
Agreement are in the best interests of the City and the health, safety, morals and welfare of its
residents and taxpayers, thereby providing for economic development, enhancing the tax base of
the City and other taxing districts and adding to the welfare and prosperity of the City and its
inhabitants.
. NOW, THEREFORE, for and in consideration of the premises and the mutual
covenants hereinafter set forth, the parties agree as follows:
Section 1. Preambles. The foregoing Preambles are hereby incorporated into this
Agreement as if fully restated in this Section 1.
Section 2. Statements of Mutual Understanding.
3
A. Under the Economic Incentive Act, in order to qualify for a sharing or rebate of
all or a portion of Sales Taxes derived from the business operations included in the Project, the
City must find that the property subject to the sharing or rebate agreement, if vacant, has been
vacant for at least a year, or if a building had been located thereon, such building had been
demolished within the last year and did not meet applicable building codes; or, such building was
underutilized; and, as a direct result of any economic incentive agreement, the City will benefit
through the retention or creation of jobs; the strengthening of its commercial environment; the
enhancement of its tax base; and that the development will serve as a catalyst for the commercial
development of adjacent areas.
B. Upon completion of the Project in accordance with the terms of this Agreement,
the City further agrees to rebate to the Developer the percentages of the Sales Taxes (as
hereinafter defined) generated from the retail businesses operating at the New Lots as hereinafter
set forth, based upon the following findings:
1. The Subject Property had been and remained vacant for at least one year;
2. The Project is expected to create job opportunities within the City;
3. The Project will serve to further the development of adjacent areas;
4. That without incentives including the Sales Tax Rebate hereinafter set
forth, the Project would not proceed;
5. That the Developer meets the high standards of creditworthiness and
financial strength by warranting that the Developer has contributed no less
than 10% of the total cost of the Project;
6. That the Project will strengthen the commercial sector of the City;
4
7. That the Project will enhance the tax base of the City; and,
8. That this Agreement to share, rebate or pledge Sales Taxes is in the best
interest of the City.
Section 3. Developer’s Obligations.
A. The Developer covenants and agrees to acquire fee simple title to Lot 1 and Lot 2
of the Fountainview Plat on or before December 31, 2015.
B. The Developer hereby covenants and agrees to advance all funds necessary to
construct the Project on Lot 101 in accordance with the approved plans, construct the Project on
Lot 102 in accordance with the permitted special use, construct the Project on both New Lots in
accordance with building permits; and, the terms of this Agreement. The Developer agrees to
commence construction of the Project on Lot 101 on or before March 1, 2016, and complete
construction thereof on or before March 31, 2017. The Developer agrees to commence
construction of the Project on Lot 102 on or before December 31, 2018 and complete
construction on or before December 31, 2019; provided, however, in the event construction of
the Project on Lot 102 is not commenced on or before December 31, 2018 and completed on or
before December 31, 2019, the obligations of the City to rebate Sales Taxes as provided in
Section 4 hereof shall be reduced as hereinafter set forth in said Section.
C. The Developer covenants and agrees that a certificate of occupancy from the City
for the Project on Lot 101 shall have been issued on or before June 30, 2017. The Developer
covenants and agrees that a certificate of occupancy for the Project on Lot 102 shall have been
issued on or before December 31, 2019; provided, however, in the event a certificate of
occupancy is not issued for the Project on Lot 102 on or before December 31, 2019, the
5
obligations of the Village to rebate Sales Taxes as provided in Section 4 shall be reduced as
hereinafter set forth in said Section.
Section 4. Obligations on the Part of the City.
A. So long as no notice to the Developer of an event of default pursuant to Section
18 hereof has been issued and remains outstanding, the City agrees to reimburse the Developer a
maximum amount of $95,000 from Sales Taxes generated from all business operation at the
Subject Property for a period of ten (10) years but only in the event the Project is completed on
Lot 101 on or before March 1, 2017, and have been issued a certificate of occupancy therefor on
or before June 1, 2017; and, the Project is completed on Lot 102 on or before December 31,
2019, and have been issued a certificate of occupancy on or before December 31, 2019. In the
event the Project on Lot 102 is not completed and been issued a certificate of occupancy on the
aforesaid dates, the amount of Sales Taxes to be reimbursed to the Developer shall be reduced to
$63,350.00.
B. Commencing on January 1 following the issuance of a certificate of occupancy
for any part of the Project located at the New Lots, the City shall reimburse the Developer a
percentage of Sales Taxes generated by businesses located at the New Lots until the first to
occur: January 1 following the tenth (10th) anniversary of the date of a certificate of
occupancyunless the amount due to the Developer has been paid:
Year Rebate
1 80
2 70
3 60
4 50
5 50
6 50
7 40
6
8 30
9 20
As stated above, reimbursement to the Developer shall be made as follows:
For the Period Date Paid
January through April June 30
May through August October 31
September through December February 28
Section 5. Undertakings on the Part of Developer.
A. The Developer hereby covenants and agrees to promptly pay, as the same become
due, any and all taxes and governmental charges of any kind that may at any time be assessed
with regard to its operation including all real estate taxes assessed against the Subject Property or
any other location in the City owned or controlled by the Developer.
B. The Developer shall indemnify and hold harmless the City, its agents, officers and
employees against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs
and expenses (including any liabilities, judgments, costs and expenses and reasonable attorney’s
fees) which may arise directly or indirectly from any third-party claims made against the City as
a result of the failure of the Developer or any contractor, subcontractor or agent or employee
thereof (so long as such contractor, subcontractor or agent or employee thereof is hired by the
Developer) to timely pay any contractor, subcontractor, laborer or materialmen; from any default
or breach of the terms of this Agreement by the Developer; or from any negligence or reckless or
willful misconduct of the Developer or any contractor, subcontractor or agent or employee
thereof (so long as such contractor, subcontractor or agent or employee is hired by the
7
Developer). The Developer shall, at its own cost and expense, appear, defend and pay all
charges of attorneys, costs and other expenses arising therefrom or incurred in connection
therewith. If any judgment shall be rendered against the City, its agents, officers, officials or
employees in any such action, the Developer shall, at its own expense, satisfy and discharge the
same. The paragraph shall not apply, and the Developer shall have no obligation whatsoever,
with respect to any acts of negligence or reckless or willful misconduct on the part of the City or
any of its officers, agents, employees or contractors.
Section 6. Term. Unless earlier terminated pursuant to Section 18, the term of this
Economic Incentive Agreement shall commence on the date of issuance of certificate of
occupancy of Lot 101 and terminate on the earlier of: (i) receipt by the Developer a rebate of the
amount of $95,000 unless reduced to $63,350 as provided in Section 4 Sales Tax; or, (ii) January
1 of the eleventh year after an issuance of a certificate of occupancy for a part of the Project (the
"Termination Date").
Section 7. Verification of Sales Taxes. The Developer shall use its best efforts to
cooperate with the City in obtaining certified copies of its reports to the Illinois Department of
Revenue of all remittances of all sales and service taxes.
Section 8. No Liability of City for Others for Developer’s Expenses. The City shall
have no obligation to pay costs of the Project or to make any payments to any person other than
the Developer, nor shall the City be obligated to pay any contractor, subcontractor, mechanic, or
materialman providing services or materials to the Developer for the development of the Project.
The Developer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et
seq., as may be required.
8
Section 9. Time; Force Majeure. Time is of the essence of this Economic Incentive
Agreement, provided, however, a party shall not be deemed in material breach of this Economic
Incentive Agreement with respect to any obligations of this Economic Incentive Agreement on
such party’s part to be performed if such party fails to timely perform the same and such failure
is due in whole or in part to any strike, lock-out, labor trouble (whether legal or illegal), civil
disorder, weather conditions, failure or interruptions of power, restrictive governmental laws
and regulations, condemnations, riots, insurrections, acts of terrorism, war, fuel shortages,
accidents, casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions,
freight embargoes, acts caused directly or indirectly by the other party (or the other party’s
agents, employees or invitees) or similar causes beyond the reasonable control of such party
("Force Majeure"). If one of the foregoing events shall occur or either party shall claim that
such an event shall have occurred, the party to whom such claim is made shall investigate same
and consult with the party making such claim regarding the same and the party to whom such
claim is made shall grant any extension for the performance of the unsatisfied obligation equal to
the period of the delay, which period shall commence to run from the time of the commencement
of the Force Majeure; provided that the failure of performance was reasonably caused by such
Force Majeure.
Section 10. Assignment. This Economic Incentive Agreement may not be assigned by
the Developer without the prior written consent of the City, which consent shall not be
unreasonably withheld; provided, however, an assignment of this Agreement to a bona fide
financial institution if the assignment for the benefit of financing the Project may be made by the
Developer only with prior notice to the City.
9
Section 11. Waiver. Any party to this Economic Incentive Agreement may elect to
waive any remedy it may enjoy hereunder, provided that no such waiver shall be deemed to exist
unless the party waiving such right or remedy does so in writing. No such waiver shall obligate
such party to waive any right or remedy hereunder, or shall be deemed to constitute a waiver of
other rights and remedies provided said party pursuant to this Economic Incentive Agreement.
Section 12. Severability. If any section, subsection, term or provision of this Economic
Incentive Agreement or the application thereof to any party or circumstance shall, to any extent,
be invalid or unenforceable, the remainder of said section, subsection, term or provision of this
Economic Incentive Agreement or the application of same to parties or circumstances other than
those to which it is held invalid or unenforceable, shall not be affected thereby.
Section 13. Notices. All notices, demands, requests, consents, approvals or other
instruments required or permitted by this Economic Incentive Agreement shall be in writing and
shall be executed by the party or an officer, agent or attorney of the party, and shall be deemed to
have been effective as of the date of actual delivery, if delivered personally, or as of the third
(3rd) day from and including the date of posting, if mailed by registered or certified mail, return
receipt requested, with postage prepaid, addressed as follows:
To the Developer: Hari Yorkville Development, LLC
C/o Lee Fry Companies, Inc.
825 N. Cass Avenue, Suite 209
Westmont, Illinois 60559
With a copy to: Mark W. Daniels
17 West 733 Butterfield Road
Unit F
Oakbrook Terrace, Illinois 60181
To the City: United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
10
Attention: City Administrator
With a copy to: Kathleen Field Orr
Kathleen Field Orr & Associates
53 West Jackson Blvd., Suite 935
Chicago, Illinois 60604
Section 14. Successors in Interest. This Economic Incentive Agreement shall be
binding upon and inure to the benefit of the parties to this Economic Incentive Agreement and
their respective successors and assigns.
Section 15. No Joint Venture, Agency or Partnership Created. Neither anything in this
Economic Incentive Agreement nor any acts of the parties to this Economic Incentive Agreement
shall be construed by the parties or any third person to create the relationship of a partnership,
agency, or joint venture between or among such parties.
Section 16. Warranties and Covenants of the Developer.
A. The Developer covenants and agrees that at all times it shall comply with all
applicable zoning ordinances and regulations, building code, fire code and all other City
ordinances, resolutions and regulations.
B. The Developer hereby covenants and agrees to comply with all applicable laws,
rules and regulations of the State of Illinois, the United States and all agencies of each of them
having jurisdiction over it.
Section 17. No Discrimination – Construction. The Developer for himself and his
successors and assigns agrees that in the construction of the improvements at the Subject
Property provided for in this Economic Incentive Agreement the Developer shall not
11
discriminate against any employee or applicant for employment because of race, color, religion,
sex or national origin.
Section 18. Remedies – Liability.
A. If, in the City’s judgment, the Developer is in material default of this Economic
Incentive Agreement, the City shall provide the Developer with a written statement indicating in
adequate detail any failure on the Developer’s part to fulfill its obligations under this Economic
Incentive Agreement. Except as required to protect against further damages, the City may not
exercise any remedies against the Developer in connection with such failure until thirty (30) days
after giving such notice. If such default cannot be cured within such thirty (30) day period, such
thirty (30) day period shall be extended for such time as is reasonably necessary for the curing of
the same, so long as the Developer diligently proceed with such cure; if such default is cured
within such extended period, the default shall not be deemed to constitute a breach of this
Economic Incentive Agreement. A default not cured as provided above shall constitute a breach
of this Economic Incentive Agreement. Any failure or delay by the City in asserting any of its
rights or remedies as to any default or alleged default or breach shall not operate as a waiver of
any such default or breach of any rights or remedies it may have as a result of such default or
breach.
B. If the Developer materially fails to fulfill his obligations under this Economic
Incentive Agreement after notice is given by the City and any cure periods described in
paragraph (a) above have expired, the City may elect to terminate this Economic Incentive
Agreement or exercise any right or remedy it may have at law or in equity, including the right to
specifically enforce the terms and conditions of this Economic Incentive Agreement. If any
12
voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the
Developer insolvent or unable to pay the Developer’s debts, or the Developer makes an
assignment for the benefit of its creditors, or a trustee or receiver is appointed for either one of
the Developer or for the major part of the Developer’s property, the City may elect, to forthwith
terminate this Economic Incentive Agreement.
C. If, in the Developer’s judgment, the City is in material default of this Economic
Incentive Agreement, the Developer shall provide the City with a written statement indicating in
adequate detail any failure on the City’s part to fulfill its obligations under this Economic
Incentive Agreement. The Developer may not exercise any remedies against the City in
connection with such failure until thirty (30) days after giving such notice. If by its nature such
default cannot reasonably be cured within such thirty (30) day period, such thirty (30) day period
shall be extended for such time as is reasonably necessary for the curing of the same, so long as
the City diligently proceeds with such cure; if such default is cured within such extended period,
the default shall not be deemed to constitute a breach of this Economic Incentive Agreement. A
default not cured as provided above shall constitute a breach of this Economic Incentive
Agreement. Any failure or delay by the Developer in asserting any of their rights or remedies as
to any default or any alleged default or breach shall not operate as a waiver of any such default
or breach of shall not operate as a waiver of any such default or breach of any rights or remedies
it may have as a result of such default or breach.
D. In addition to any other rights or remedies, a party may institute legal action
against the other party to cure, correct or remedy any default, or to obtain any other remedy
consistent with the purpose of this Economic Incentive Agreement, either at law or in equity,
13
including, but not limited to the equitable remedy of an action for specific performance;
provided, however, no recourse under or upon any obligation contained herein or for any claim
based thereon shall be had against the City, its officers, agents, attorneys, representatives or
employees in any amount or in excess of any specific sum agreed to be paid by the City
hereunder, and no liability, right or claim at law or in equity shall be attached to or incurred by
the City, its officers, agents, attorneys, representatives or employees in any amount in excess of
any specific sums agreed by the City to be paid hereunder and any such claim is hereby
expressly waived and released as a condition of and as consideration for the execution of this
Economic Incentive Agreement by the City. Notwithstanding the foregoing, in the event either
party shall institute legal action against the other party because of a breach of any Economic
Incentive Agreement or obligation contained in this Economic Incentive Agreement, the
prevailing party shall be entitled to recover all costs and expenses, including reasonable
attorneys’ fees, incurred in connection with such action.
E. The rights and remedies of the parties are cumulative and the exercise by a party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same time
or different times, of any other rights or remedies for the same default or for any other default by
the other party.
Section 19. Amendment. This Economic Incentive Agreement, and any exhibits
attached to this Economic Incentive Agreement, may be amended only in a writing signed by all
the parties with the adoption of any ordinance or resolution of the City approving said
amendment, as provided by law, and by execution of said amendment by the parties or their
successors in interest. Except as otherwise expressly provided herein, this Economic Incentive
14
Agreement supersedes all prior Economic Incentive Agreement, negotiations and discussions
relative to the subject matter hereof.
Section 20. Counterparts. This Economic Incentive Agreement may be executed in two
or more counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
15
IN WITNESS WHEREOF, the parties hereto have caused this Economic Incentive
Agreement to be executed by their duly authorized officers on the above date at Yorkville,
Illinois.
United City of Yorkville, an Illinois
municipal corporation
By: __________________________________
Mayor
Attest:
_________________________________
City Clerk
Hari Yorkville Development, LLC
By: __________________________________
16
Exhibit A
Subject Property
17
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached draft ordinance and proposed Final Plat.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Plan Commission #1d
Tracking Number
PC 2015-11, PC 2015-12, PC 2015-13
Fountainview Plaza – Final Plat of Re-Subdivision
Special City Council/October 29, 2015
Majority
Vote.
Approval of a Final Plat of Resubdivision related to a request for a new commercial/
retail redevelopment of the Fountainview Plaza development.
Krysti J. Barksdale-Noble, AICP Community Development
Name Department
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
Ordinance No. _____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING THE FINAL PLAT OF SUBDIVISION FOR FOUNTAINVIEW PLAZA
(A resubdivision of Lot 1 in Fountainview)
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, Hari Development Yorkville, LLC (the “Developer”) has filed an
application for final plat approval of the resubdivision or Lot 1 in Fountainview the property
located at the southeast corner of Route 47 and Fountainview Drive, Yorkville, Illinois, (the
“Subject Property”) zoned B-3 Service Business District and are seeking resubdivision of the
Subject Property into two (2) lots; and,
WHEREAS, the Planning Commission convened and held a public hearing on the 12th
day of August, 2015, to consider the resubdivision of the Subject Property after publication of
notice and notice to property owners within five hundred (500) feet of the Subject Property; and,
WHEREAS, the Planning Commission reviewed the standards set forth in Chapter 3 and
4 of Title 11 of the Yorkville Subdivision Control Ordinance and made a recommendation to the
Mayor and City Council (“the Corporate Authorities”) for approval of the resubdivision.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: The above recitals are incorporated herein and made a part of this Ordinance.
Section 2: That the Corporate Authorities hereby approve and authorize the execution of
the FINAL PLAT OF SUBDIVISION OF FOUNTAINVIEW PLAZA OF YORKVILLE prepared
by MeritCorp dated last revised October 27, 2015, attached hereto and made a part hereof by
reference as Exhibit A, for the resubdivision of the Subject Property, legally described on Exhibit
A with Property Index Number of 05-05-400-043.
1
Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
________ day of ____________________, 2015.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ LARRY KOT ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
SEAVER TARULIS ________ DIANE TEELING ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____
day of _______________ 2015.
______________________________
MAYOR
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PIN # 05-05-400-043 EXISTING EASEMENT LINEPROPERTY BOUNDARY OFFSITE PROPERTY LINELEGEND PROPOSED LOT LINE ABBREVIATIONS
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MeritCorp Group, LLC 50 N. BROCKWAY, SUITE 3-9 PALATINE, ILLINOIS 60067 Ph.(847)496.4170 JAMES P. MEIER ILLINOIS PROFESSIONAL LAND SURVEYOR #035.003295 REGISTRATION EXPIRES NOV. 30, 2016
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FINAL PLAT OF SUBDIVISION
OF
fountainview plaza of yorkville
BEING A RESUBDIVISION OF LOT 1 IN FOUNTAINVIEW, BEING A RESUBDIVISION OF THE SOUTHWEST QUARTER OF
SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 24, 2011
AS DOCUMENT NUMBER 2011-3625.
PIN # 05-05-400-043
SURVEYOR'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
THIS IS TO CERTIFY THAT I, JAMES P. MEIER, ILLINOIS PROFESSIONAL LAND
SURVEYOR NO. 35-3295, AT THE REQUEST OF THE OWNER(S) THEREOF, HAVE
SURVEYED, SUBDIVIDED AND PLATTED THE FOLLOWING DESCRIBED PROPERTY:
LOT 1 IN FOUNTAINVIEW, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER
OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5,
TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED
FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625.
I FURTHER CERTIFY THAT THE PLAT HEREON DRAWN IS A CORRECT AND
ACCURATE REPRESENTATION OF SAID SURVEY AND SUBDIVISION. ALL
DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF.
I FURTHER CERTIFY THAT NO PART OF THE ABOVE DESCRIBED PROPERTY IS
LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON FIRM 17093C0125G,
DATED, FEBRUARY 4, 2009. ALL OF THE PROPERTY IS LOCATED IN ZONE C,
AREAS OF MINIMAL FLOODING.
I FURTHER CERTIFY THAT THE PROPERTY SHOWN ON THE PLAT HEREON DRAWN IS
SITUATED WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF YORKVILLE, ILLINOIS,
WHICH IS EXERCISING THE SPECIAL POWERS AUTHORIZED BY DIVISION 12 OF ARTICLE
11 OF THE ILLINOIS MUNICIPAL CODE AS AMENDED.
GIVEN UNDER MY HAND AND SEAL THIS _______ DAY OF _______________, 2015.
_______________________________________________
JAMES P. MEIER, PE, PLS, CFM
ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3295
CURRENT LICENSE EXPIRES NOVEMBER 30, 2016
035-3295
SURFACE WATER STATEMENT
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, JAMES P. MEIER, A PROFESSIONAL ENGINEER DULY LICENSED UNDER THE
LAWS OF THE STATE OF ILLINOIS, DO HEREBY CERTIFY THAT,TO THE BEST OF MY
KNOWLEDGE AND BELIEF, ____________________ SUBDIVISION HAS BEEN
DESIGNED SO THAT THERE IS NO SUBSTANTIAL CHANGE IN THE DRAINAGE OF
SURFACE WATER BY THE CONSTRUCTION OF THIS SUBDIVISION OR, IF CHANGED,
ADEQUATE PROVISION HAS BEEN MADE SO THAT THE ADJOINING LAND WILL NOT
BE DAMAGED.
DATED THIS _________ DAY OF ____________________, A.D., 20_________.
____________________________________________________________
JAMES P. MEIER OWNER OR ATTORNEY FOR OWNER
ILLINOIS REGISTERED
PROFESSIONAL ENGINEER
____________________________
STATE REGISTRATION NUMBER
____________________________
REGISTRATION EXPIRATION DATE
COUNTY CLERK CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
I, _____________________, COUNTY CLERK OF KENDALL COUNTY, ILLINOIS, DO HEREBY
CERTIFY THAT THERE ARE NO DELINQUENT GENERAL TAXES, NO UNPAID CURRENT TAXES,
NO UNPAID FORFEITED TAXES, AND NO REDEEMABLE TAX SALES AGAINST ANY OF THE
LAND INCLUDED IN THE PLAT HEREIN DRAWN. I FURTHER CERTIFY THAT I HAVE RECEIVED
ALL STATUTORY FEES IN CONNECTION WITH THE PLAT HEREIN DRAWN.
GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKVILLE,
ILLINOIS, THIS _________DAY OF _____________________ 20____.
______________________________________________
COUNTY CLERK
CITY PLAN COMMISSION CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED AND ACCEPTED BY THE PLAN COMMISSION OF THE UNITED CITY OF
YORKVILLE, ILLINOIS, THIS _____ DAY OF _______________, 20___.
___________________________________
CHAIRMAN
CITY ADMINISTRATOR CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED AND ACCEPTED BY THE CITY ADMINISTRATOR OF THE UNITED CITY OF
YORKVILLE, ILLINOIS, THIS _________ DAY OF ___________________________20___.
______________________________________
CITY ADMINISTRATOR
CITY CLERK'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY
OF YORKVILLE, ILLINOIS, BY ORDINANCE NO. _______________ AT A MEETING HELD
THIS _________ DAY OF ___________________________20___.
______________________________________
CITY CLERK
CITY ENGINEER'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
I, ________________________________, CITY ENGINEER FOR THE UNITED CITY OF YORKVILLE,
DO HEREBY CERTIFY THAT THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR THE
REQUIRED GUARANTEE COLLATERAL HAS BEEN POSTED FOR THE COMPLETION OF ALL
REQUIRED IMPROVEMENTS.
DATED AT YORKVILLE, ILLINOIS THIS DAY OF , 20____.
________________________
CITY ENGINEER
06
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OWNERSHIP CERTIFICATE
STATE OF ____________ )
) SS
COUNTY OF __________ )
THIS IS TO CERTIFY THAT ______________________________________________, AN ILLINOIS
CORPORATION, IS THE FEE SIMPLE OWNER OF THE PROPERTY DESCRIBED IN THE
FOREGOING SURVEYOR'S CERTIFICATE AND HAS CAUSED THE SAME TO BE SURVEYED,
SUBDIVIDED, AND PLATTED AS SHOWN HEREON FOR THE USES AND PURPOSES HEREIN
SET FORTH AS ALLOWED AND PROVIDED FOR BY STATUTE, AND DOES HEREBY
ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE THEREON INDICATED.
THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON THIS
PLAT FOR THOROUGHFARES, STREETS, ALLEYS AND PUBLIC SERVICES; AND HEREBY ALSO
RESERVES FOR ANY ELECTRIC, GAS, TELEPHONE, CABLE TV OR OTHER
TELECOMMUNICATIONS COMPANY UNDER FRANCHISE AGREEMENT WITH THE UNITED CITY
OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS, THE EASEMENT PROVISIONS WHICH
ARE STATED HEREON.
THE UNDERSIGNED FURTHER CERTIFY THAT ALL OF THE LAND INCLUDED IN THIS PLAT LIES
WITHIN THE BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115.
DATED AT ____________, ______, THIS ______ DAY OF ___________, 20___.
TOWN STATE
__________________________________
CORPORATION NAME
__________________________________
ADDRESS
BY: ________________________________ _________________________________
Printed Name, President Printed Name, Secretary
NOTARY CERTIFICATE
STATE OF ________ __ )
) SS
COUNTY OF _____ ___ )
I, _________________________, A NOTARY PUBLIC IN AND FOR THE COUNTY
AND STATE AFORESAID, DO HEREBY CERTIFY THAT ________________________
AND ___________________________, PERSONALLY KNOWN TO ME TO BE THE
PRESIDENT AND SECRETARY OF __________________________________________________,
AS SHOWN ABOVE, APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THAT AS SUCH
OFFICERS, THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AND CAUSED THE
CORPORATE SEAL TO BE AFFIXED THERETO AS THEIR FREE AND VOLUNTARY ACT AND AS
THE FREE AND VOLUNTARY ACT OF SAID CORPORATION, FOR THE USES AND PURPOSES
THEREIN SET FORTH.
GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _______ DAY OF _______________, 20___.
______________________________ NOTARY PUBLIC
CITY COUNCIL CERTIFICATE
STATE OF ILLINOIS)
) SS
COUNTY OF KENDALL)
APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE
UNITED CITY OF YORKVILLE, ILLINOIS, THIS _______DAY OF___________, 20___.
______________________________________________
MAYOR
RECORDER'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL)
THIS INSTRUMENT NO. _________________________ WAS FILED FOR RECORD
IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS, ON THIS _______
DAY OF ____________________, 20____, AT ______________ O'CLOCK ___.M.
___________________________________________
KENDALL COUNTY RECORDER
IDOT CERTIFICATE
THIS PLAT HAS BEEN APPROVED BY THE ILLINOIS DEPARTMENT OF
TRANSPORTATION WITH RESPECT TO ROADWAY ACCESS PURSUANT TO
PARAGRAPH 2 OF "AN ACT TO REVISE THE LAW IN RELATION TO PLATS", AS
AMENDED. A PLAN THAT MEETS THE REQUIREMENTS CONTAINED IN THE
DEPARTMENT'S "POLICY ON PERMITS FOR ACCESS DRIVEWAYS TO STATE
HIGHWAYS" WILL BE REQUIRED BY THE DEPARTMENT.
_________________________________________
DISTRICT ENGINEER
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COUNTY ENGINEER'S CERTIFICATE
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ACCEPTED AND APPROVED THIS _____ DAY OF __________________, 20___.
______________________________________________
KENDALL COUNTY ENGINEER