Economic Development Packet 2006 06-29-06 Copy
1 °. United City of Yorkville
800 Game Farm Road
ESE 1 _ 'M Yorkville, Illinois 60560
o Telephone: 630-553-4350
Fax: 630-553-7575
SCE
AGENDA
ECONOMIC DEVELOPMENT COMMITTEE MEETING
Thursday, June 29, 2006
7:00 p.m.
City Hall Conference Room
Economic Development items are scheduled for the 1"Committee of the Whole meeting each month
1. Approval/Correction of Minutes: May 25, 2006
2. EDC 2005-02 Economic Incentives for Commercial/Industrial Business Update
3. EDC 2006-15 Building Permit Report for May 2006
4. PC 2006-22 Heartland Crossing—Annexation, Zoning, and Preliminary PUD Plan
5. PC 2006-05 Bristol Ridge—Annexation, Zoning and Preliminary Plan
6. PC 2006-27 Matlock— 1 V2 Mile Review
7. PC 2006-15 Grande Reserve Unit 17 —Preliminary/Final Plat
8. PC 2006-28 Grande Reserve Unit 21 —Preliminary/Final Plat
9. PC 2006-29 Grande Reserve Unit 23 —Preliminary/Final Plat
10. PC 2006-30 Grande Reserve Unit 24 —Preliminary/Final Plat
11. EDC 2006-05 Ratos Development/Economic Initiative Agreement for Corneils and
Route 47
12. EDC 2006-16 Raymond Regional Stormwater Management Facility
13. Additional Business
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'0., 800 Game Farm Road
EBL 3 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
0 Fax: 630-553-7575
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AGENDA
ECONOMIC DEVELOPMENT COMMITTEE MEETING
Thursday, June 15, 2006
7:00 p.m.
City Hall Conference Room
This meeting has been cancelled.
It has been rescheduled for Thursday, June 29, 2006.
Page 1 of 2
ECONOMIC DEVELOPMENT COMMITTEE DRAFT
Thursday, May 25,2006
7:00 pm
City Hall Conference Room
Present:
Alderman Marry Munns, Chairman Jim Olguin
Alderman Joe Besco Rich Guerard
City Attorney John Wyeth City Administrator John Crois
Travis Miller Lynn Dubajic
The meeting was called to order at 7:00 pm by Chairman Munns.
1. Approval/Correction of Minutes: March 23, 2006 and April 27, 2006—The minutes
were approved.
2. EDC 2006-13 Building Permit Report for March 2006—This will move on to
COW.
3. PC 2006-31 Tuscany Plaza—Special Use and Variances—Plan Commission
recommended approval 5 — 1 subject to staff comments. This is zoned 132. The
special use request would be to allow single family use in a business building. They
are requesting a decrease from 20 feet to 0 feet in the rear and side yard setbacks.
They are requesting a reduction in the minimum parking lot isle from 24 feet to 22 feet
4 inches. They are requesting to reduce the amount of required off street parking from
44 to 29. This will move on to COW on June 6t'.
4. PC 2005-60 Bailey Meadows—Revised Preliminary Plan—The revision only
affects the Commercial portion of the development. The primary purpose for the
revision is to change access locations from Rt. 47 based on staff recommendations. In
order to accommodate the revision the compensatory storage had to be reduced from
1.5:1.0 to 1.0:1.0. Alderman Besco wondered if another development would be able
to absorb the excess. A Corn Ed easement separated this development from the one to
the South. The hydrology information will not be available until there is an end user.
This will move on to COW.
5. PC 2005-53 Hudson Lakes—Annexation and Zoning—The developer is required to
contribute to the signalization of Penman Rd. and Rt. 126. They will be asking for a
variance in the buffering distance. The detention is 20 feet from the property line.
The detention slopes are a 511 ratio. There will be a maintenance HOA with a backup
SSA. This will move on to COW.
6. PC 2005-33 Chally Farm—Preliminary Plan—As the engineering has been done,
they have realized there is a natural green way and have realigned the entrance to the
North to preserve this natural area. They have increased the size of the buffer on Rt.
71 and added a trail system. The commercial portion is basically the same size. This
will move on to COW.
Pa eg 2 of 2
7. PC 2006-17 Grande Reserve Unit 18—Final Plat - and
8. PC 2006-18 Grande Reserve Unit 19—Final Plat - and
9. PC 2006-19 Grande Reserve Unit 20—Final Plat—are substantially compliant to
the Preliminary Plat. Unit 20 is a detention basin. This will go on to COW.
10. PC 2005-19 Harris Woods—Annexation and Zoning—Plan Commission voted
unanimously to move forward with this. 12,820 is the average square foot lot, and
they are no less than10,000 square foot lots. There are 2 major thoroughfares, one is
the Greenbriar extension and the other lines up with Beecher Rd. There is a wetlands
area. There is a park area that is just over 3 acres. The developer will try to preserve
the trees. This will go on for Public Hearing on May 30th.
11. PC 2005-52 Kleinwatcher—Annexation and Zoning—This Special Use is for a
daycare facility. The Plan Commission voted unanimously to approve. There are 2
street connections and the Day Care has been flipped. Now it is on the North side of
the property. This will move on to COW.
12. PC 2006-22 Heartland Crossing—Annexation and Zoning—This was tabled at
Plan Commission. This will come back to the June EDC.
13. EDC 2006-14 Zoning Ordinance Amendment—Building Height Increase—
This ordinance was drafted in 2005 and never adopted. This will make the Zoning
Ordinance match the Building Code. Joe Besco said he did not think there was a
reason to limit the buildings to 35 feet in the downtown. The reason would have been
so the views to the court house are not being blocked. The possibilities will be
explored to see if there is anywhere that will not block the view of the historic
courthouse. This will come back to the June EDC.
14. EDC 2006-05 Ratos Development/Economic Initiative Agreement for
Corneils and Route 47—This is for the outfall storm sewer for the regional detention.
3 developers will be splitting the cost up front. This development is on the North East
corner of Comeils and Rt. 47. The water main will be over sized for future
development. This would allow a %s% sales tax rebate for 20 years. There was a
question on whether there are any more incentives that can be used. The whole 40
acres is Commercial. This will come back to EDC in June.
15. Additional Business—None.
The meeting was adjourned at 7:53 pm.
Minutes submitted by Laura Leppert.
BUILDING PERMIT REPORT
United City of Yorkville
Department of Building Safety and Zoning
May 2006
.............._..................................._.. YP
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m
---—-----... ---.. ............WY...................._.....�........._....._................_...._
_
T —--
2-Famil Y Commercial
Number O f Permits Issued S FD (Beginning Ions Multi P le-Famil Y (B e min a 1 00 6 Cate ro ry
Industrial Miscellaneous Total Construction
Cost
3
2 Permits=I Structure) includes Buadouts
May 2006 184 72 8 1 3 0 100 I $18,797,320.00
Calendar Year 2006 724 393 28 4 17 0 282 I $79,867,353.00
Fiscal Year 2006 184 72 8 1 3 0 100 $18,797,320.00
1'.
May 2005 134 1 43 0 0 6 0 85 $12,519,845.00
Calendar Year 2005 t 451 1 169 5 0 22 0 250 $46,221,301.00
Fiscal Year 2005 134 43 0 0 6 0 85 $12,519,845.00
i
May 2004 127 61 0 0 2 0 64 $15,415,633.00
Calendar Year 2004 2 399 193 3 0 5 0 197 $40,441,228.00
Fiscal Year 2004 127 61 0 0 2 0 64 $15,415,633.00
May 2003 93 31 1 0 3 0 58 $7,531,004.00
Calendar Year 2003 308 127 4 0 11 1 165 $31,309,405.00
Fiscal Year 2003 93 31 1 0 3 0 58 $7,531,004.00
May 2002 83 23 0 0 6 0 54 $5,734,914.00
Calendar Year 2002 3 324 118 2 2 22 0 180 $27,523,143.00
Fiscal Year 2002 83 23 0 0 6 0 54 $5,734,914.00
I Permit Number Y-05-0012 was voided,thus only 451 of 452 assigned permit numbers were actually used f Z'�
3 Permit Number Y-04-097 and Y-04-098 were issued for each side of a duplex,only 1 structure was built
a Permit Number Y-1001-034 was voided,thus only 314 of 325 assigned permit numbers were actually issued
Note: Miscellaneous permits include such items as additions,remodelling,sheds,decks,RPZs,and municipal projects.
Report prepared by: Barbara J.Dettmer,MCP/Department of Building Safety and Zoning
Cl Reviewed By:
J� O�
Legal El City Council
Finance ❑
EST. -� `ism Engineer ❑
0 0) City Administrator F1 Agenda Item Tracking Number
Consultant ❑ PC r-W o L) CZq>
ALE ��' Human Resources ❑
City Council Agenda Item Summary Memo
Title: Heartland Crossing—Annexation, Zoning and Preliminary Plan
City Council/COW/Committee Agenda Date: June 29, 2006
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Travis Miller Community Development
Name Department
Agenda Item Notes:
Plan Commission will review request June 28, 2006
`�tiD Q United City of Yorkville Memo
800 Game Farm Road
Er. Yorkville, Illinois 60560
Telephone: 630-553-8545
9
Fax: 630-553-3436
Date: June 23,2006
To: Plan Commission
From: Travis Miller, Community Development Director
Subject: Heartland Crossing
Request: Annexation,Zoning and Preliminary PUD
Comprehensive Plan Compliance:
1. The Preliminary PUD Plan components which substantially comply with the
recommendations of the Comprehensive Plan are as follows:
i. Neighborhood retail at proposed Wheeler Road/47 intersection;
ii. New Wheeler road alignment;
2. The Preliminary PUD Plan differs from the Comprehensive Plan in the following
ways:
i. Proposed Commercial Use at Ament and Route 47 is more intense
than the `Neighborhood Retail' recommended by the
Comprehensive Plan.
ii. The residential density proposed is 2.34 units/acre which is .09
units per acre higher than the maximum density recommended in
the Suburban Neighborhood land use recommended by the
Comprehensive Plan.
iii. Commercial uses are proposed the entire length of RT47. Given
the proposed configuration of the B-3 zoning area, configuration of
proposed lots 818 and 819 will limit the intensity of land uses in
this area,therefore, staff believes the spirit of the Comprehensive
Plan intention to concentrate the commercial development in
`nodes' will be achieved by this proposal.
Preliminary PUD Plan Comments:
1. Site Variances requested(refer to note 7 on Preliminary PUD Plan Sheet 1)
- a variance from the City's requirement to install sidewalks on both sides of streets
o The plan currently depicts sidewalks on each side of the proposed streets—
with the exception of Wheeler Road where a trail is proposed along the
north side of the street- recommend permitting this variance and
requiring the note be elaborated to list each street that will be varied.
- a variance from the sidewalk requirement along RT47. Staff recommends
requiring a north-south pedestrian link(sidewalk or trail)along the entire
western border of the development(paralleling RT47)
- a variance to allow the Building Code, as is, shall apply for a 5 year period.—
Recommend not allowing this variance—the Building Department enforces the
current International Building Code which is updated every 3 years—any property
within the City which is not enforced under the current IBC could result in higher
insurance premiums city wide.
2. Modifications to Zoning Ordinance and Subdivision Control Ordinances requested
include:
- allowing Gas Station and Daycare facilities in the B-3 area. Recommend not
allowing these uses within this PUD—these are Special Uses which may be
requested at a future date,but will require a public hearing and special approval
by the City. There is insufficient detail at this point to grant/approve these
Special Uses.
Wetland Delineation Report
Staff Recommendations:
1. Conduct a growing season floristic assessment between May 15th and October
15th on the property. The vegetation assessment reported occurred November 3,
2005, a difficult time to adequately assess vegetation in wetland habitats.
2. Identify all vegetation within the delineated area on the subject property for Aux
Sable Creek and provide information regarding the Illinois Biological Stream
Characterization stream rating.
3. Provide the US Army Corps of Engineers wetland Jurisdictional Determination.
Landscape Plan:
1. All previous staff comments on the Preliminary Landscape Plan have been
adequately addressed by the current submittal.
119 tiv c,x a United City of Yorkville
J -% County Seat of Kendall County
800 Game Farm Road
1836 Yorkville, Illinois, 50560
Telephone: 630-553-4350
Fax: 630-553-7575
Website: www.yorkville.il.us
May 18,2006
TO: Travis Miller
FROM: Anna B. Kurtzman,AICP
SUBJECT: Heartland Crossing Signage
The Department of Building Safety staff has reviewed the landscape plans dated May 11,2006,
for compliance with the City's sign regulations. Based upon our review we note:
1. Height and area and design features for permanent residential monuments are not
regulated by the sign code. Staff notes that some of these signs are being placed in
areas designated to be zoned commercial. In a commercially zoned district the
maximum height is 6 feet(the plans show 8 feet height for the main and secondary
signs) and maximum allowable area is 100 sq ft(dimensions of the actual signage has
not been provided).
2. The dimensions between the signs and the property lines are not noted on the
landscape plans. Staff recommends that these dimensions be provided or at least a
notation be placed on the plans indicating that the City's location criteria will be met.
Per Section 8-11-8 of the municipal code all signs have to be placed at least 5 feet
from a property line. In the case of a corner lot,there shall be a 25 foot sight distance
triangle formed from the intersection of the two street right-of-way lines. Proposed
easements are not reflected in the landscape plans but the applicant should be made
aware that permanent signage cannot be placed on easements.
fabk
C. W.DeW=
filename: CA cements and settingstAnnauMy DocumentMeartland Crossingls' a 5-1 8-06.doe
United City of Yorkville Memo
800 Game Farm Road
esr 1836 Yorkville, Illinois 60560
4 Telephone: 630-553-4350
Fax: 630-553-7575
ALE
Date: June 28, 2006
To: Economic Development Committee
From: Lisa Pickering, Deputy Clerk
CC: Department Heads
Subject: Additional information for EDC packet—June 29, 2006
Attached please find additional information on EDC Item#4—Heartland Crossing. Please add
this information to your packet.
United City of Yorkville Memo
800 Game Farm Road
Esc 1836 Yorkville, Illinois 60560
-� Telephone: 630-553-8545
Fax: 630-553-3436
SCE
Date: June 27, 2006
To: John Crois, Interim City Administrator
From: Joe Wywrot, City Engineer
CC: John Wyeth, City Attorney
Travis Miller, Community Development Director
Subject: Heartland Crossing—Proposed Annexation Agreement
I have reviewed the revised annexation agreement for the referenced development, dated
6/08/06, and have the comments listed below. None of the exhibits were re-submitted for
review, therefore those comments are repeated.
Exhibits
• All Exhibits must be submitted for review. In particular, Exhibits G (variances), K
(offsite infrastructure), and L(road improvements)must be evaluated closely.
• Exhibits C and D are earlier versions of the Preliminary PUD Plat and
Preliminary PUD Plan. These had been reviewed at Plan Council with numerous
comments made regarding roadway layout and other issues. These exhibits should
be revised accordingly and resubmitted for review. As I recall some of those
comments were regarding proposed tight horizontal curves in the roadway
system. Recently we have discussed internally the liability of the city with respect
to allowing tight curves. I recommend that all curves comply with ordinance.
• General language should be added regarding Aux Sable Creek regarding buffers
and best management practices for stormwater quality.
• Add language stating that the developer shall grade the school district/park per the
subdivision grading plan, spread a minimum 6"of topsoil on the site, and
establish a healthy stand of grass.
Agreement Document
• Section 3 —Delete the second paragraph regarding sump-pump connections to the
storm sewer system. This variance was granted for Heartland and Heartland
Circle because they are located on the north side of town where the soils are very
sandy. The same soil conditions do not exist for Heartland Crossing.
• Section 3 —Delete the last paragraph regarding stormwater detention variances.
Fine details regarding detention are typically worked out during final plan design.
• Section 4—Delete the 3rd paragraph regarding stand-alone water/sanitary sewer
systems. Regional water and sanitary sewer systems should be constructed to
serve the development.
• Section 4—Delete the 5th paragraph regarding a deadline for construction of
potable water service. The date of March 5, 2007 is unreasonable. Even if the
developers deposited the funds needed today, the facilities would not be
operational until sometime in 2008.
• Section 5C—Revise the 30-day timeframe to 60 days for reduction of
bonds/letters of credit.
• Section 5C—Delete the word"original" on the 10th line related to punchlists.
Punchlists items are always added to the original list as infrastructure is damaged
during the build-out of the development. The developer must remain responsible
for all punchlist items.
• Section 5D—Delete the 2nd and 3rd sentences regarding public sidewalk and
parkway trees. While these items are typically constructed by individual builders,
the developer should remain responsible for them.
• Section 5E—Delete the first sentence regarding acceptance of public
improvements and replace it with a sentence stating that the procedure for
acceptance of improvements shall comply with city ordinance. This is to avoid the
problem of early acceptance that we have with the Heartland Circle development.
This was discussed at recent Public Works Committee meetings and the
consensus was that this type of language would not be allowed in future
agreements.
• Section 6—Revise this section regarding acceptance of regional improvements to
state that they can only be accepted early if they are not in an area prone to
damage by build-out activities.
• Section 11 —This section regarding transfer of property for the Public Works
Facility, payment for the property by the city, etc. should be closely reviewed by
the Public Works Department.
• Section 14—Replace the word"neighborhood" at four locations in the second and
last paragraph, with the word "unit".
• Section 16A—Replace the title phrase"Reimbursement by the CITY"with
"Recapture Agreement". Revise the first paragraph by replacing the phrase "to be
reimbursed"with the phrase"to a recapture agreement for". Revise the first
sentence further by deleting reference to a general contracting fee.
• Section 16A—Delete the 2nd paragraph regarding temporary sanitary sewer
facilities. A regional sanitary sewer system should be constructed to serve the
development. If this paragraph is to remain, revise it to state that the city shall
reimburse the developer only for that portion of any temporary facilities that
become part of the permanent sanitary sewer system.
• Section 16A—Delete the last paragraph regarding reimbursement for construction
of offsite watermain improvements, or revise it to state that the city will enter into
a recapture agreement for that work.
• Section 20—Add a sentence just prior to the last sentence stating that, if a utility
company requires compensation for relocation of their facilities (either overhead
or underground), the developer shall pay those costs.
• Section 25 —Revise first paragraph to state that the city shall give credit against
the road fee to the developer for the cost of upgrading Wheeler Road to a
collector road from the type of road that would be required if traffic from other
developments were not considered.
• Section 25 —Revise the 2nd paragraph to state that the city shall not be limited to
use of the road fee for roadways that run through or adjacent to Heartland
Crossing, and that any"excess"road fee funds shall not be used for improvements
on Route 47.
• Section 25 —A proposed policy regarding the road fee is on the July 3, 2006
Public Works Committee agenda for consideration. I recommend that the policy
be established prior to approval of the Heartland Crossing development
agreement, or revise the agreement to state that the developer shall abide by the
road fee policy once it is established.
I also recommend that any revisions to this agreement(and any other annexation,
development, or PUD agreement)be performed by city staff. There were items that I
thought had been changed per previous comments that were still in this most recent
document.
If you have questions regarding any of these comments, please see me.
Reviewed By:
Legal ❑ City Council
Finance ❑
EST. � :1$36
Engineer ❑
-t v� City Administrator ❑ Agenda Item Tracking Number
o L IM.
S1 `�O� Consultant ❑ Q�
LE �? Human Resources ❑
City Council Agenda Item Summary Memo
Title: Bristol Ridge—Annexation, Zoning and Preliminary Plan
City Council/COW/Committee Agenda Date: June 29, 2006
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Travis Miller Community Development
Name Department
Agenda Item Notes:
Plan Commission recommended approval June 14, 2006
.0,1D cjr United City of Yorkville Memo
800 Game Farm Road
En
...: im Yorkville, Illinois 60560
Telephone: 630-553-8545
Fax: 630-553-3436
LEA
Date: June 26,2006
To: Economic Development Committee
From: Travis Miller, Community Development Director
Subject: Bristol Ridge
Request: Annexation, Zoning, and Preliminary Plan
Background:
1. Plan Commission reviewed June 14, 2006 and moved unanimously to
forward a recommendation to approve the Annexation and Zoning
requests and moved 5 yes/2 no to approve the Preliminary Plan (each
motion subject to staff comments)to City Council.
2. 141.267 acres of the 190.1 acre property was annexed in 1994 and zoned
R-2. A concept development plan including 162 single family units and
29 duplex units on a portion of the 141.267 acre property.
3. Staff has not received a proposed annexation agreement for the remaining
acreage of this development requiring annexation. This is expected by
June 30th and will return to EDC following staff review/comment(likely
July 27, 2006.
Staff Comments:
This should move forward to COW July 5,2006 and City Council July 11,
2006 for a Public Hearing on Annexation and Zoning.
- Following receipt of agreement,this will be placed on a subsequent EDC and
on to City Council for consideration.
Note: The Plan Commission and staff have requested the name of this
development be changed to avoid confusion with Bristol Ridge Road—this
will likely have a new name when it returns to EDC.
E�C
CST` Reviewed By:
J� 0
Legal ❑ City Council
Finance ❑
Esr. � ;ism Engineer ❑
-< City Administrator F-1
Agenda Item Tracking Number
O �' PC 2006-27
Consultant ❑
SCE ��'�` Human Resources ❑
City Council Agenda Item Summary Memo
Title: Matlock Subdivision—Mile and %2 Review
City Council/COW/Committee Agenda Date: June 29, 2006
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Travis Miller Community Development
Name Department
Agenda Item Notes:
Plan Commission recommended approval June 14, 2006
to crr United City of Yorkville Memo
800 Game Farm Road
-1 Yorkville, Illinois 60560
Telephone: 630-553-8545
Fax: 630-553-3436
y�
LE
Date: June 26,2006
To: Economic Development Committee
From: Travis Miller, Community Development Director
Subject: Matlock Mile and 'h Review
Reauest: Mile and %2 Subdivision Review
Background:
1. Plan Commission reviewed June 14, 2006 and moved 6 yes/0 no/ 1
abstaining to forward a recommendation to approve the Subdivision
request subject to staff comments.
Staff Comments:
see attached:
• April 10, 2006 comments from Engineering; and
• June 7, 2006 comments from Community Development
CJ.Q United City of Yorkville Memo
800 Game Farm Road
ER im Yorkville, Illinois 60560
Telephone: 630-553-8545
Fax: 630-553-3436
tE
Date: April 10,2006
To: John Crois, Interim City Administrator
From: Joe Wywrot, City Engineer
CC: Travis Miller, Community Development Director
Lisa Pickering, Office Assistant
Subject: Matlock Subdivision— 1.5 Mile Review
I have reviewed the proposed final plat(undated)and preliminary plan(dated 1/13/06)
for the referenced project and have the following comments:
Plat
• The City's comprehensive plan calls for Pavillion Road to be extended south to
Legion Road. I don't know how feasible this is, but we need to discuss it. We
recently met with Barry Niles regarding an adjacent property that may be able to
make a roadway connection to the Matlock property. In the interim,the roadway
should end with a turn-around. Consider shifting the eyebrow cul-de-sac south
around 50 feet, and stopping the main roadway at the end of radius beyond just
beyond the eyebrow. The eyebrow would then become the turn-around.
• Twenty-five foot radii should be provided at right-of-way intersections.
• The radius of the eye-brow cul-de-sac should be 65 feet.
• Standard Yorkville easement language should be used for all easements
associated with this development.
• Ten-foot wide rearyard public utility and drainage easements should be
established on all residential lots.
• The lots fronting on Route 71 should be numbered, and blanket stormwater
management and public utility and drainage easements established across them.
• The title sheet should be revised to reflect the name of the development,which is
identified as"Highpoint Meadows" in the Owner's Certificate.
• The Plan Commission and Village Board certificates need to be revised for
Yorkville.
Plan
• The developer should consider obtaining city water supply. The potential Niles
development to the southeast may make this easier than previously thought.
Extending city water to the development would require annexation.
• A preliminary landscape plan should be submitted for review.
• A field tile survey should be performed. Slit-trenching of existing tiles through
proposed septic fields will be required.
• Percolation tests should be performed to confirm that septic fields sizes and
locations are adequate.
• Stormwater detention should be designed in accordance with Kendall County
requirements.
• Sidewalk should be extended along the Route 71 frontage.
• The pavement cross-section should be revised to call for a 28-foot wide
pavement.
• Show streetlight locations.
This development is scheduled for review at the Plan Council meeting on May 11, 2006.
If you have any questions regarding this matter,please see me.
,to Co.� United City of Yorkville
800 Game Farm Road
sus Yorkville, Illinois 60560
Telephone: 630-553-8545
Fax: 630-553-3436
-E
Date: June 7,2006
To: Plan Commission
From: Travis Miller
Subject: Matlock Subdivision— 1.5 Mile Review
I have reviewed the proposed final plat(undated)and preliminary plan(dated 1/13/06),
and the Final Landscape Plan dated June 1, 2006 for the Matlock Subdivision and have
the following comments:
• The site date substantially complies with the current United City of Yorkville
Comprehensive Plan recommendations for this area. The Comprehensive Plan
suggests an Estate Neighborhood land use for this area with a maximum
recommended density of 1.75 units per acre. The proposed .56 units per acre are
much less in terms of density;
• Lot data on the preliminary plan states the minimum square footage of a lot is
5 8,0 80 conflicting with the actual lot sizes listed—correct accordingly;
• A public sidewalk along Route 71 should be provided;
• The landscape plan does not include/identify the scale of the plan and should be
included;
• Proposed Lots 1 and 5 have side yards adjacent to a stormwater management area
and should include a 30 bufferyard including one tree per 30 feet of bufferyard
length;
• A 10' bark trail is depicted on the plan and the details and specifications sheet
include maintenance for an asphalt path. The plan should be revised to be
consistent and include a specification and detail for the bark trail being proposed;
EL,C # -7
`,QED CI Reviewed By:
J= 0 Legal ❑ City Council
Finance ❑
esr. `is3s Engineer ❑
�- Agenda Item Tracking Number
City Administrator ❑
.01 �O Consultant ❑
Human Resources ❑
City Council Agenda Item Summary Memo
Title: Grande Reserve Units 17, 21, 23, and 24—Preliminary Plan/Final Plat
City Council/COW/Committee Agenda Date: June 29, 2006
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Travis Miller Community Development
Name Department
Agenda Item Notes:
United City of Yorkville Memo
800 Game Farm Road
En Im Yorkville, Illinois 60560
Telephone: 630-553-8545
fit? Fax: 630-553-3436
CIE 1b�`
Date: June 26, 2006
To: Economic Development Committee
From: Travis Miller, Community Development Director
Subject: Grande Reserve Units 17,21,23 and 24
Request: Preliminary Plan/Final Plat
Background:
1. Plan Commission is scheduled to review June 28, 2006
2.
Staff Comments:
• Unit 17—refer to EEI comments dated May 3, 2006
• Unit 21 —refer to EEI comments dated June 23,2006
• Unit 23 —refer to EEI comments dated June 22, 2006
• Unit 24—refer to EEI comments dated June 22,2006
Recommendation: Approve Preliminary Plan/Final Plat subject to staff
comments.
S2 Wheeler Road • Sugar Grove, IL 60554
TEL:630/466-9350
it, FAX: 630/466-9380
www.eelweb.com
Engineering
Enterprises,
Inc.
May 3, 2006
Mr. Joseph A. Wywrot, P.E.
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: Final Plat and Final Engineering Improvement Plans,
Grande Reserve Unit 17(Neighborhood 18)
United City of Yorkville, Kendall County, Illinois.
Dear Mr. Wywrot:
We have reviewed the Engineering Improvement Plans for Grande Reserve Unit 17
Neighborhood 18 prepared by Cowhey Gudmundson Leder, Ltd. containing 19 sheets and
dated April 24, 2006. We have also reviewed the Final Plat for Grande Reserve Unit 17
prepared by Midwest Technical Consultants, Inc. consisting of 4 sheets with an issue date
April 21, 2006. A Storm Drainage Analysis for Grande Reserve Neighborhood 18 prepared by
Cowhey Gudmundson Leder, Ltd. dated January 27, 2006 and Final Landscaping Plans for
Grande Reserve Neighborhood 18 Unit 17 prepared by Rolf C. Campbell & Associates, Inc.
were previously submitted.
Our review of these plans is to generally determine the plan's compliance with City of Yorkville
ordinances and whether the improvements will conform to existing City systems and
equipment. This review and our comments do not relieve the designer from his duties to
conform to all required codes, regulations, and acceptable standards of engineering practice.
Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review.
We cannot and do not assume responsibility for design errors or omissions in the plans.
GENERAL COMMENTS
• The Engineer's Opinion of Probable Construction Cost for Unit 17 prepared by Cowhey
Gudmundson Leder, Ltd. recommends a letter of credit/bond amount of $1,320,987.25.
Prior to establishing the letter of credit, we ask that the developer or engineer furnish
supporting documentation for the unit costs being utilized. Of particular interest are the
Consulting Engineers Specializing in Civil Engineering and Land Surveying
unit prices being used for bituminous paving. The square yard prices shown would
result in tonnage prices of $32 - $35/ton. Current paving prices are trending much
higher than this range and could result in an increase of $100K if prices have not been
locked in.
• All engineering comments from the most previous review have been adequately
addressed.
STORMWATER MANAGEMENT
1. The "Final Phase 3 Stormwater Management Study and Report for Grande Reserve
Subdivision" prepared by Cowhey Gudmundson Leder, Ltd. and revised March 7, 2006
has been reviewed and is being submitted under a separate cover
UNIT 17 FINAL PLAT
2. The text in the Surveyor's Certificate that reads "Illinois Revised Statutes 1977, Chapter
109 Section 1"should be replaced with "765 ILCS 205/1"to conform with standard
certificate language for the United City of Yorkville.
3. The last line of the legal description should read, "in the United City of Yorkville, Kendall
County, Illinois".
4. Recording dates and document numbers should be inserted for the adjacent Grande
Reserve Unit 16 (affects pages 1, 2 and 3) prior to recording.
5. The Special Service Area Certificate has blanks that should be completed with date and
numbers prior to recording.
6. Lots 3059 and 3060 have been noted as Landscape Buffer Easements on this revised
final plat, therefore Landscape Buffer Easement Provisions should be added. (affects page
4)
7. Item 4 of the Notes block should have the word, "these"changed to "there" in the second
sentence. (affects pages 1 through 3).
If you have any questions or comments regarding this review, or require any additional
information, please contact our office. We recommend approval of the final plat pending the
resolution of the above-reference plat comments and subject to engineering.
GAPub1ic\Yorkvi11e\2002\YO0215 Grande Reserve(MPQ\docVwywrotGRUNITI7-02.doe
Sincerely,
L ING ENTERPRISES, INC.
William E. Dunn, P.E.
Senior Project Manager
4�
Mark G. Scheller, P.L.S.
Project Manager
pc: Bart Olson, Assistant City Administrator
Travis Miller, Economic Development Director
Jason Nijim, PDG
Dan Oefner,P.E., CGL Ltd.
JWF, EEI
GAPub11c\YorM1e\2002\Y00215 Grande Reserve(MPI)\docllwywrolGRUNIT17-02.doc
52 Wheeler Road•Sugar Grove, IL 60554
TEL: 630/466-9350
fe, FAX:630/466-9380
www.eeiweb.com
Engin®er-eng
Enterprises,
Inc.
June 23, 2006
Mr. Joseph A. Wywrot, P.E.
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: Final Plat of Subdivision
For Grande Reserve Unit 21 (Neighborhood 2)
United City of Yorkville, Kendall County, Illinois.
Dear Mr. Wywrot:
We have reviewed the Final Plat for Grande Reserve Unit 21 prepared by Midwest Technical
Consultants, Inc. with latest revision date of May 17, 2006. We offer the following comments:
1. The recorded document number and recording date for "Grande Reserve Unit 20"
should be added to Sheet 1 prior to recording.
2. The omitted document number and recording date in the Surveyor's Certificate should
be filled in prior to recording.
3. A Special Service Area Certificate should be added to the plat if this unit is to be
considered part of any special annual tax levy.
4. No further comments.
We recommend approval of the Preliminary/Final Plat for Grande Reserve Unit 21 subject to
completion of the items listed above and subject to engineering approval. If you have any
questions or comments regarding this review, or require any additional information, please
contact our office.
Consulting Engineers Specializing in Civil Engineering and Land Surveying
Sincerely,
ENGINEERING ENTERPRISES, INC.
William E. Dunn, P.E.
Senior Project Manager
C.
Mark C. Weber, P.L.S.
Senior Project Surveyor
pc: Bart Olson, Assistant City Administrator
Travis Miller, Economic Development Director
Rick Murphy, Pasquinelli Homes, L.L.C.
Jim Wallin, Pasquinelli Homes, L.L.C.
Dwight A. Trostle, CGL Ltd.
JWF,JTW, EEI
G:\Public\Yorkville\2(X)5`:)00527 Pasquinelli Homes-Grande Reserve\dTics\lwv rotGRUNIT2]Pl it-02.doc
52 Wheeler Road •Sugar Grove, IL 60554
TEL: 630/466-9350
it, FAX: 630/466-9380
www.eeiweb.com
Engineering
Enterprises,
Inc_
June 22, 2006
Mr. Joseph A. Wywrot, P.E.
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: Final Engineering Improvement Plans and Final Plat
For Grande Reserve Unit 23(Neighborhood 1)
United City of Yorkville, Kendall County, Illinois.
Dear Mr.Wywrot:
We have reviewed the Final Engineering Improvement Plans for the referenced Grande Reserve
North Neighborhood 1 prepared by Cowhey Gudmundson Leder, Ltd. containing 44 sheets dated
May 26, 2006 and offer the following comments:
Our review of these plans is to generally determine the plan's compliance with City of Yorkville.
ordinances and whether the improvements will conform to existing City systems and equipment.
This review and our comments do not relieve the designer from his duties to conform to all required
codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises,
Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not
assume responsibility for design errors or omissions in the plans.
GENERAL COMMENTS
• The following items were also submitted for review and/or reference:
o Final Plat for Grande Reserve Unit 23 prepared by Midwest Technical Consultants,
Inc. with latest revision date of March 14, 2006 consisting of 5 sheets.
Consulting Engineers Specializing in Civil Engineering and Land Surveying
o A Storm Drain Analysis for Grande Reserve North Neighborhood 1, prepared by
Cowhey Gudmundson Leder, Ltd., dated March 6, 2006 with May 30, 2006
revisions.
o An Engineer's Opinion of Probable Construction Cost (EOPCC) for Unit 23 prepared
by CGL dated June 7, 2006 (June 13, 2006 run date).
COVER SHEET
1. Plans should be signed, sealed and dated by an Illinois Registered Professional Engineer.
SHEETS 5-6: MASTER UTILITY PLAN
(Comments for Master Utility Plan also apply to Plan & Profile)
2. All 900 bends should be replaced with 2-450 bends.
3. Those streets which are to be dedicated as public roadways should have 25-foot radius
right of way intersections, including the intersection of Blackhawk and Galena.
4. Additional Valve Boxes should be added. In general, there should not be more than 12
water services located between valves and no more than 600' spacing between two valves.
In addition, valves should be provided on each water main at each intersection. Details are:
a. near fire hydrant No. 1-7 (East Millbrook Circle, sta. 17+70)
b. near fire hydrant No. 1-31 (East Millbrook Circle, sta. 34+00)
c. along West Millbrook Circle between sta. 10+50 and sta. 11+50
d. along West Millbrook Circle between sta. 13+00 and sta. 14+50
e. Along West Millbrook Circle near sta. 26+50
f. Along West Millbrook Circle near sta. 24+50
g. Along West Millbrook Circle neat sta. 22+50
SHEETS 11-17: GRADING PLAN
5. (Repeat) Detention Basin summary (Elevation- Area - AVol - EVol) should be provided on
the grading plan. This serves as an aide to determine whether the proposed plans match
the stormwater report. This information will also be helpful in the preparation of record
drawings.
6. (Sheet 17) Please indicate detention basin emergency overflow location and elevation for
Basin 11 W.
7. Lookout elevations should be labeled as LO instead of TF.
8. (Sheet 11) The proposed T/F and F/G for Lot 286 should be revised to 660.3 and 659.8
(repeat). Otherwise the driveway slope will be at 12.5%.
9. (Sheet 11) A low point (elev. = 657.7) has been proposed along the common lot line
GAPub1ic\Yorkvi11e\2005\Y00527 Pasquinelli Homes-Grande Reserve\docs\lwywrotGRUNIT23-02.doc
between lots 287 &288; however, no storm structure has been proposed at the low point.
10. (Sheet 12) The rear yard slope for lots 206 & 207 has been revised to show 4:1 slope.
Please revise the proposed spot elevations along the rear lots lines to match the revised
contours.
11. (sheet 13) Please correct the typo for the centerline elevation at sta. 10+00 of Silver
Spring Court, which should read as 656.87 instead of 657.87 (repeat).
12. (Sheet 13) The area between the existing Galena Road R.O.W. and the proposed berm is
currently draining towards the site. The proposed berm blocks the drainage. (Repeat)
13. (Sheet 13) The proposed invert of the FES No. 1-225 at Basin 13 is 649.24, which is 1.76'
lower than the basin's NWL (651.0). Per City ordinance, the sewer invert at the discharge
point should be no lower than 6" below the NWL of the basin. In addition, the invert of the
outlet pipe from Basin 13 should be same as NWL.
14. (Sheet 15) The proposed island at the Eye-brow Court in front of lots 84-88 seems very
flat. Please note that the difference between T/C and Edge of Pavement is 0.42' for
regular B-6.12 C&G arid 0.52' for reverse pitched B-6.12 C&G. Please revise.
15. (Sheet 16) The proposed grade (653.8) between lots 51 & 52 should be revised to match
the proposed contours.
16. (Sheet 16) The proposed T/F for Lot 162 should be revised to 662.2.
17. (sheet 16) Please review the grading along the bike path and make sure no longitudinal
slope exceed 5% and no cross slope exceed 2%.
SHEETS 18-36: PLAN AND PROFILE
18. All the utility crossings should be called out, including crossing between sewers.
19. (Sheet 19) The proposed inverts of FES 1-87 and FES 1-218 are 1' below the proposed
NWL of Basin 12. This should be corrected and reflected in the revised storm sewer sizing
report.
20. (Sheet 24) Please revise the callouts for Storm MH 1-80. The north invert should read as
653.70 and west invert should read as 654.45. (Repeat)
21. (Sheet 28) The proposed invert of FES 1-225 is 647.94, which is 3' lower than the
proposed NWL of Basin 13 (NWL = 651.0). Please revise callouts and storm sewer sizing
calculation.
22. (Sheet 33) The proposed invert of FES No. 1-246 is 645.0, which is 1' lower than the
proposed NWL = 646.00. Please revise the plans, including storm sewer sizing calculation.
GAPub1ic\Yorkvi11e\2005\YO0527 Pasquinelli Homes-Grande Reserve\docs\lwywrotGRUNIT23-02.doc
23. (Sheet 34) Please revise storm sewer structure No. 1-285 to have open lid grate and
revise the storm sewer from 1-285 to 1-275 to 12" RCP.
STORM DRAINAGE ANALYSIS
24. There are many inconsistencies between the report and the exhibit (worksheet) provided
with the report. The following "Added Area (ac)" figures appear significantly larger in the
exhibit than in the calculations and are cause for concern. Please recalculate and revise
the storm sewer design as needed:
• 3.105-3.104 shown as 0.25; storm sewer worksheet shows 0.83
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
25.The EOPCC should include a 5% Contingency which would result in a total amount of
$3,420,993.46 to be used in establishing the required Letter of Credit.
FINAL PLAT
26.The plat referenced in this submittal is the same plat submitted previously. A revised
plat should be submitted for review.
If you have any questions or comments regarding this review, or require any additional information,
please contact our office. Our review will continue upon re-submittal of the revised plat and plans.
Sincerely,
ENGINEERING ENTERPRISES, INC.
William E. Dunn, P.E.
Senior Project Manager
pc: Bart Olson, Assistant City Administrator
Lynsey Johnson, Administrative Assistant
Travis Miller, Economic Development Director
Rick Murphy, Pasquinelli Homes, L.L.C.
Jim Wallin, Pasquinelli Homes, L.L.C.
Dwight A. Trostle, CGL Ltd.
JW F,JTW, EEI
GAPub1ic\Yorkvi11e\2005\Y00527 Pasquinelli Homes-Grande Reserve\docs\lwywrotGRUN1T23-02.doc
52 Wheeler Road •Sugar Grove, IL 60554
TEL:630/466-9350
ftf FAX: 630/466-9380
www.eekveb.com
Engineering
Enterprises,
Ina.
June 22, 2006
Mr. Joseph A. Wywrot, P.E.
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: Final Plat and Final Engineering Improvement Plans,
Grande Reserve Unit 24(Neighborhood 19)
United City of Yorkville, Kendall County, Illinois.
Dear Mr. Wywrot:
We have reviewed the Engineering Improvement Plans for Grande Reserve Neighborhood 19
prepared by Cowhey Gudmundson Leder, Ltd. containing 20 sheets and revised June 9, 2006.
We have also reviewed the Final Plat for Grande Reserve Unit 24 prepared by Midwest
Technical Consultants, Inc. consisting of 4 sheets with a revision date June 6, 2006. Also
included for review was the Storm Drainage Analysis for Grande Reserve Neighborhood 19
prepared by Cowhey Gudmundson Leder, Ltd. revised June 9, 2006 and an Engineer's
Opinion of Probable Construction Cost dated June 9, 2006.
Our review of these plans is to generally determine the plan's compliance with City of Yorkville
ordinances and whether the improvements will conform to existing City systems and
equipment. This review and our comments do not relieve the designer from his duties to
conform to all required codes, regulations, and acceptable standards of engineering practice.
Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review.
We cannot and do not assume responsibility for design errors or omissions in the plans.
GENERAL COMMENTS
1. (Repeat Comment) There are no references in the plans to the special sump pump outfall
detail on sheet 17. The engineer should revise the plans to include the following general
notes to each noted plan sheet:
a. "The sump pump discharge line is to be constructed per the building sump pump
outfall detail on sheet 17 for lots 1074, 1075, 1076, 1088, and 1089." (SHEET 10)
b. "The sump pump discharge line is to be constructed per the building sump pump
outfall detail on sheet 17 for lots 1069 to 1073." (SHEET 13)
2. (Repeat Comment) The engineer should add the Detention Basin Stage Storage
Discharge Summary tables to the plans for each respective basin. This allows for quick
Consulting Engineers Specializing in Civil Engineering and Land Surveying
reference by City or contractor personnel to the information without the necessity of having
a copy of the stormwater report.
3. (Repeat Comment)The engineer should either add a general note to each of the grading
plans stating that the walkout/lookout elevations are 6-inches above the F.G. elevation or
actually provide the walkout/lookout elevations at each house.
4. (Repeat Comment) The engineer should add a callout to retaining wall on sheet 7 that
refers to the detail on sheet 15.
5. (Repeat Comment) There still is a low point at station 11+78 on Ruby Drive at the
intersection with Amelia Avenue. The cross-slope at the proposed court area (station
23+75 on Amelia Avenue) between the center spot elevation of 648.04 and the curb spot
elevation of TC = 648.21 still is less than 1%. The engineer should revise the plans
accordingly.
6. (Repeat Comment) The revised proposed grading of the side yard of lot 1088 is at a 3:1
slope. The maximum side yard slope is 4:1 and the maximum slope for detention basins
(past the 6 foot strip just above the normal water level) is 5:1. The engineer should revise
the plans appropriately.
7. (Repeat Comment) The proposed swale along the rear of the house on lot 1089 is too
close to the walkout. The engineer should revise the grading to move the proposed swale
along the common lot line until it at least is past the rear of the house to avoid possible
stormwater runoff from draining into the walkout basement. Also, the drainage swale
should be contained within an easement.
8. (Repeat Comment)The engineer should show the road centerline future grading by others
for Ruby Drive station 9+00.
9. (Repeat Comment) The engineer should revise the callout for Storm Inlet No. 323 on
sheet 11 to a catch basin in the plan view.
10.The Engineer's Opinion of Probable Cost (EOPCC) includes a 5% Gasoline Surcharge
(Contingency) and appears satisfactory. Therefore, the recommended Letter of Credit
amount should be $1,590,523.07 as stated in the EOPCC.
FINAL PLAT
11.Labeling should be added to the points of curvature, points of tangency and points of
reverse curvature. (affects pages 1, 2, and 3)
12.The notes referencing adjacent Grande Reserve Unit 16 and Grande Reserve Unit 17
should have the recording date and document number added prior to recording. (affects
pages 1, 2 and 3)
GAPub1ic\Yorkvi11e\2002\Y00215 Grande Reserve(MPI)\doc\lwywrotGRUNIT2402.doc
13.The "Heretofore Dedicated" Kennedy Road Right of Way should have the recorded
document number added prior to recording.
14.Lots 3063 through 3065 should have notes added to state intended usage and
maintenance responsibilities. (affects pages 1, 2 and 3)
15.The Final Engineering Plans show a storm sewer pipe running diagonally across the rear
corner of Lot 1073. A Public Utility and Drainage Easement should be granted 5 feet
easterly and parallel with the proposed pipe. (affects page 2)
16.The dimensions on the southwesterly boundary line, 1308.41 feet graphically, and 1306.41
feet legally described, need to be reconciled and appropriate correction made.
17.The new Kennedy Road right of way line, south of Lot 1107, should be parallel to the
centerline/boundary line.
18.The easement line at the front of Lot 1101 should be reconfigured so that it is at least 10
feet south of the sanitary line.
19.The Special Service Area Certificate should have all blank spaces completed prior to
recording.
20.A label should be added to describe the current status (unsubdivided/subdivided) of the
area which lies southwesterly of and adjacent to this subdivision.
21.The legal description should contain the actual bearings, distances and radii of the
centerline of Kennedy Road as shown graphically. Presently the legal vaguely describes
the centerline as, "thence northeasterly along said centerline of Kennedy Road to the place
of beginning".
22.The Professional Land Surveyors Certificate should contain the optional paragraph relating
to flood hazard areas. The present flood hazard paragraph should be removed and
replaced with the following language developed by the United City of Yorkville:
I FURTHER CERTIFY THAT 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
, DATED, , BUT THAT ALL SPECIAL FLOOD
HAZARD AREAS ARE CONTAINED IN EASEMENTS OR ON LAND GRANTED TO
THE VILLAGE OF MONTGOMERY AND THAT NO PART OF LOTS THROUGH
(INCLUSIVE) (the buildable lots in this subdivision) IS LOCATED WITHIN SAID
SPECIAL FLOOD HAZARD AREA.
GAPub1ic\Yorkvi11e\2002\Y00215 Grande Reserve(MPI)\doc\lwywrotGRUNIT24-02.doc
We recommend approval of the referenced plat subject to the resolution of the engineering and
plat comments indicated above. If you have any questions or comments regarding this review,
or require any additional information, please contact our office.
Sincerely,
ENGINEERING ENTERPRISES, INC.
William E. Dunn, P.E.
Senior Project Manager
-�Y/ " C. -�?/v4-�,
Mark C. Weber, P.L.S.
Senior Project Surveyor
pc: Bart Olson, Assistant City Administrator
Lynsey Johnson, Administrative Assistant
Travis Miller, Economic Development Director
Jason Nijim, PDG
Dan Oefner,P.E., CGL Ltd.
JWF, EEI
GAPublic\YorkvH1e\2002\Y00215 Grande Reserve(MPI)\doc\Iwyw otGRUNIT24-02.doc
Ebe I1
STATE OF ILLINOIS ) June 13, 2006
)ss.
COUNTY OF KENDALL )
UNITED CITY OF YORKVILLE
AND CASTLE BANK AS TRUSTEE UNDER TRUST AGREEMENT
DATED JULY 8, 2005 AND KNOWN AS TRUST #2373
DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into
as of the day of , 2006 by and between THE UNITED CITY OF
YORKVILLE, an Illinois corporation located in Kendall County (the "CITY") and CASTLE
BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 8, 2005 AND KNOWN
AS TRUST#2373 (the"OWNER").
RECITALS
The CITY is an Illinois municipality and hereby enters into this Agreement pursuant to
65 ILCS 5/8-11-20 (2002) ("Enabling Statute"); and pursuant to Section 6(a) of Article VII of
the Constitution of the State of Illinois of 1970, the CITY has determined that it has the authority
to enter into this Agreement.
The OWNER owes and intends to develop the real property located at the northeast
corner of the intersection of Route 47 and Corneils Road and legally described in Exhibit "A"
(the "Property") for commercial uses ("Development Project") subject to the zoning ordinance
enacted by the CITY. OWNER has demonstrated to the CITY's satisfaction that the OWNER
has the experience and capacity to complete the Development Project. The OWNER and the
CITY have determined that without the financial assistance provided under this Agreement the
Development Project would not be feasible and that the OWNER would not undertake the
Development Project. The OWNER has expressly conditioned the undertaking of the
Development Project on the CITY's agreement to pledge the Sales Tax Revenues (defined later)
it receives from the Development Project to repay OWNER its Reimbursable Improvements
(defined later), all as provided in this Agreement.
-1-
The CITY deems it to be of significant importance to encourage development within the
CITY so as to maintain a viable real estate tax and sales tax base and employment opportunities.
Accordingly, the CITY has made the following findings necessary pursuant to the Enabling
Statute:
That the Property has remained vacant in excess of twenty(20) years;
That the Development Project is expected to create job opportunities within the
municipality;
That the Development Project will serve to further the development of adjacent areas;
That the CITY is desirous of creating a large regional detention lake on real property
adjoining and contiguous to the subject property immediately to the north thereof, and in
order to provide an outlet for said regional drainage facility, the CITY needs a storm
outlet easement along the east and southern boundary of the subject real property
described in the attached Exhibit`B";
The CITY in addition to said drainage out-flow easement also needs funds with which to
construct said regional detention facility and outlet easement. Construction of said
improvements will benefit and allow the development of surrounding parcels of
commercial real property.
The CITY has further requested that OWNER financially participate in the improvement
of Illinois Route 47 adjacent to the subject real property, and the cost of signalization at
the intersection of Illinois State Route 47 and Corneils Road in the United City of
Yorkville.
The CITY has requested OWNER to dedicate real property to the CITY on Corneils
Road and Illinois State Route 47 for the widening of Right-of-Ways.
That without this Agreement, the Development Project would not be reasonably possible
given the off-site costs imposed by the Illinois Department of Transportation;
That the OWNER meets high standards of creditworthiness and financial strength;
That the Development Project will strengthen the commercial sector of the municipality;
That the Development Project will enhance the tax base of the CITY;
That this Agreement is made in the best interest of the CITY; and
Pursuant to the Illinois Municipal Code, as amended("Code"), the CITY has authority to
enter into an economic incentive agreement relating to the development of land within corporate
limits, including an agreement to share or rebate a portion of the retailer's occupation taxes
received by the CITY that are generated by the development.
-2-
Subject to the terms and conditions of this Agreement, the CITY agrees to reimburse the
OWNER for its Reimbursable Improvements. In reliance upon the CITY's representations and
covenants contained in and subject to the terms and conditions of this Agreement, the OWNER
intends to cause the Reimbursable Improvements (as hereinafter defined) to be constructed and
to enter into construction contracts and other agreements as necessary.
This Agreement has been submitted to the corporate authorities of the CITY for
consideration and review, and the corporate authorities have given all notices and taken all
actions required to be taken prior to the execution of this Agreement to make this Agreement
effective.
NOW, THEREFORE, to maintain and revitalize business within the CITY by assuring
opportunities for development and attracting sound and stable commercial growth; to promote
the public interest and to enhance the tax base of the CITY; to induce the OWNER to undertake
the Development Project; in consideration of the OWNER's agreement to undertake the
Development Project and the CITY's agreement to reimburse the OWNER for the costs of
causing the construction of certain of the Reimbursable Improvements; and in consideration of
the mutual promises, covenants, stipulations and agreements herein contained in this Agreement,
the OWNER and the CITY hereby agree as follows:
Incorporation of Recitals.
The recitals set forth above are incorporated hereby by this reference as if fully set forth
herein.
Creation of Economic Incentive Agreements.
The CITY acknowledges that an economic incentive agreement for the subject
commercial property within the Property will provide incentives for development within the
Property, which will provide sales tax benefits to the CITY. The CITY shall, upon application
by OWNER or its assigns, pursuant to 65 ILCS 5/8-11-20 (2002) or any other statutory means,
enact all ordinances and execute all agreements to share or rebate a fifty percent(50%)portion of
the CITY's allocated portion of sales tax revenue as set forth herein to OWNER or as assigned in
writing by OWNER, pursuant to the terms provided in this paragraph of the Agreement
(hereinafter referred to as "Incentives"). For purposes of this Agreement a "commercial retail
user" shall be any user that collects sales tax as part of its operation. The commercial retailer
user shall be referred to as the "Generator".
The CITY acknowledges that its agreement to execute this Development/Economic
Initiative Agreement is a material inducement to OWNER to enter into this Agreement.
-3-
Development Incentive Reimbursement.
Incentives. The OWNER pursuant to the terms of this Agreement shall be repaid 100%
of its Reimbursable Improvement costs (defined below) out of a minimum of 50% of sales tax
generated by any"Generator" on the Property or any additional property purchased by OWNER,
as evidenced by paid lien waivers and sworn contractor affidavit submitted to the CITY. The
CITY shall include interest at the rate of three percent (3%) per annum in excess of prime
commercial interest rate as set by Old Second Bank — Yorkville on the Reimbursable
Improvement calculation for the balance of Reimbursable Improvements incurred by OWNER.
Interest shall be calculated annually and shall commence with the Certificate of Occupancy
being issued to the first store (or other business operator) on the Property. OWNER shall be
entitled to recover up to the total amount of the Reimbursable Improvement calculation plus
interest for a period of twenty (20) years commencing from the date of the first occupancy by a
tenant in the subject development.
In the event OWNER recovers its full Reimbursable Improvement plus interest
calculation prior to that expiration time, the right to recovery shall terminate earlier than the
previous stated expiration date. In the event OWNER has not received all of its Reimbursable
Improvements calculation and interest upon said expiration date, the Agreement shall be treated
as expired. Interest shall not be compounded. These Reimbursable Improvements include, but
are not limited to, the following:
1) Construction, excavation, hauling, compacting, and all related functions for any
portion of the regional detention facility undertaken off-site to the north of the
subject property by OWNER, over and above the acreage feet of storage in said
Regional Detention Facility as is necessary to meet the detention needs of the
subject property.
2) Construction, installation, materials, labor, design, and any other costs associated
with the installation of a storm sewer pipe serving as the out-flow pipe from the
detention facility along the east boundary of the property of OWNER and along
the south property of OWNER both as described in the attached Exhibit"A".
3) Construction of any off-site Illinois State Route 47 and Corneils Road
improvements intersection, signalization, or other improvements on Corneils
Road or Route 47 as is necessitated by IDOT or the CITY for the development of
the subject property and handling ambient traffic benefiting from said roadway
improvements.
4) Extension of city water and sanitary sewer mains to the east boundary of the
subject parcel as described in Exhibit "A" along and parallel with Corneils Road
to the east boundary of the subject property.
5) Any oversizing of the stormwater out-flow pipe in excess of that amount required
to benefit the subject property of OWNER as described in the attached Exhibit
«A„
-4-
6) Any internal street connections required to be oversized as collector streets under
the CITY Ordinances to benefit surrounding properties.
7) Any connection to off-site downstream benefiting from the out-flow sewer to
cross Route 47 to connect to said downstream properties, and any additional out-
flow pipe advanced by OWNER to connect to the ultimate out-flow at the Rob
Roy Creek Watershed.
8) The Fair Market Value of any real property, determined by Appraisal Figure
agreed to by OWNER and CITY at the time of any dedication or taking of real
property for right-of-way purposes at the time of said real property is dedicated or
taken for said purposes.
The CITY shall distribute the sales tax revenue generated by any Generator as follows:
A)50%to the OWNER, or as directed by the OWNER;
50% to the CITY; if the OWNER has One Hundred Fifty Thousand (150,000 sq.ft.) or
less of commercial space on the subject property; or
B) OWNER'S share of said sales tax rebate shall be increased to a Sixty (60%) share of
said sales tax in the event OWNER has between One Hundred Fifty Thousand (150,000)
and Two Hundred Thousand (200,000) square feet of commercial space at any time
during the life of the Agreement;
C) OWNER'S share of said sales tax rebate shall be increased to a Seventy (70%) share
of said sales tax in the event OWNER has in excess of Two Hundred Thousand (200,000)
square feet of commercial space at any time during the life of the Agreement;
Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used herein refers to
revenues generated by the sale of merchandise from and collected under the Retailer's
Occupation Tax, or any other "sales tax" or similar tax that may be enacted by the State of
Illinois or any governmental agency or body created under the laws of the State of Illinois, based
upon gross sales, and located within the State of Illinois, that is collected by the Generators as a
result of business transactions occurring on the Property. In the event that the CITY's share of
said sales tax or substitute tax is reduced or increased by the State, then the affected Generator's
share thereof shall be reduced or increased in the same proportion.
Payment Obligation. The CITY hereby agrees to pay OWNER or its assignee the
quarterly installment payments made to the CITY by the Illinois Department of Revenue within
thirty (30) days of receipt by the CITY of the quarterly installments, and continuing until the
Reimbursable Improvements and applicable interest are paid to the OWNER as set out in this
Agreement.
The "quarterly installment payment" shall mean an amount equal to one-half(%2) of the
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sales tax revenue received by the CITY from the State generated by each Generator on the
Property, or any additions to the Property. All amounts paid to the OWNER will be due and
payable solely from one-half(Y2)or as adjusted under paragraph 8(a) of this Agreement of the
sales tax revenues received by the CITY from any Generator's sales for the preceding calendar
quarter.
However, if the CITY no longer receives sales tax revenues from the Generator due to a
change in Illinois statutes, then the CITY shall make payments to the OWNER from any
alternate sources of revenue provided to the CITY by the State, if any are made, specifically as a
replacement or substitute for sales tax revenue presently received by the CITY.
Verification of Costs. Following construction of the Reimbursable Improvements,
OWNER shall provide the CITY with final lien waivers and sworn contractor affidavit
establishing the cost of such improvements.
Commencement Date. The terms of this Agreement shall be for Twenty (20) years
commencing upon the completion of said improvement.
Sources of Funds to Pay Reimbursable Development Project Costs. Funds necessary to
pay for the Incentives are to be solely derived from the additional sales tax generated by the
Generators. This pledge of additional sales tax revenues hereby is approved by the CITY.
In order to comply with the terms of this Agreement, OWNER shall require in writing all
tenants in the Property and to any subsequent purchasers of any portion of the Property to direct
the Illinois Department of Revenue to provide the CITY with a breakdown of sales tax being
remitted to the CITY for each commercial retailer on-site. In the event OWNER or a
commercial retailer fails to provide the CITY with written authority for release of said
information from the Illinois Department of Revenue the CITY shall have no duty to remit sales
tax proceeds from that commercial retailer to the OWNER.
AssiLynability.
1) It is expressly agreed and understood by the parties to this Agreement that the
benefits contemplated in the Development/Economic Initiative Agreement and
pursuant to 65 ILCS 5/8-11-20 (2002) are assignable at the option of the
OWNER. Upon such written assignment by the OWNER, Generator shall have
all rights currently vested in the OWNER under the Development Agreements,
this Ordinance and applicable law, and shall be entitled to enforce same by any
legal or equitable remedy. If any Lot is sold by the OWNER, OWNER shall be
entitled to continue to receive payments for Reimbursable Improvements pursuant
to the Development/Economic Initiative Agreement unless specifically assigned
by the OWNER.
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2) OWNER may assign a portion or all of its rights under the terms of this
Agreement to any future developers, owners, or institutions or individuals
providing financing for the improvements outlined above in this Agreement.
Reimbursement Procedures.
Sales Tax Reports. OWNER agrees to cause all Generators to execute and deliver to the
CITY a written direction, in form and content acceptable to the CITY and the Illinois
Department of Revenue ("DOW'), authorizing the DOR to release to the CITY the sales tax
figures for the Generator, on a quarterly basis and during the term of this Agreement. The CITY
agrees to take the necessary action to initiate the transaction. Should the DOR cease to release
the sales tax information to the CITY on a quarterly basis, OWNER and all Generators shall be
responsible for any further action to obtain the sales tax information from the DOR or shall be
responsible for submittal of the sales tax information from the DOR or shall be responsible for
submittal of the sales tax information as provided for in the next paragraph of this Agreement.
In the event the DOR fails to submit to the CITY the quarterly sales tax information for
any Generator as provided for in Section A above, OWNER shall cause Generators to,
contemporaneous with the filing of sales tax reports with the Illinois Department of Revenue or
successor agency, furnish to the CITY copies of any and all sales tax returns, sales tax reports,
amendments, or any other paper filed with the State of Illinois, said Department of Revenue or
other appropriate governmental entity, pertaining to the Generators, and certified as being true
and correct, which documents are being provided to the CITY for purposes of identifying sales
tax revenues collected pursuant to this Agreement.
Confidentiality. The CITY acknowledges and agrees that information to be provided by
Generators hereunder are proprietary and valuable information and that any disclosure or
unauthorized use thereof will cause irreparable harm to OWNER and/or OWNER's affiliates
and/or Generator and/or Generator's affiliates, and to the extent permitted by state of federal law,
including but not limited to Section 7(1)(g) of the Illinois Freedom of Information Act, the CITY
agrees to hold in confidence all sales figures and other information provided by OWNER or
Generators or obtained from OWNER's or Generator's records in connection with this
Agreement, and in connection therewith, the CITY shall not copy any such information except as
necessary for dissemination to the CITY's agents or employees as permitted hereinafter. The
CITY shall be permitted to disclose such information (i) to its agents or employees who are
reasonably deemed by the CITY to have a need to know such information for purposes of this
Agreement; provided, that such agents and employees shall hold in confidence such information
to the extent required of the CITY hereunder or (ii) to the extent required by order of court or by
state of federal law. The confidentiality requirements of this Agreement shall survive any
expiration, termination or cancellation of this Agreement and shall continue to bind the CITY, its
successors, assigns and legal representatives for a period of five (5) years from the termination,
expiration or cancellation of this Agreement. All Generators shall be treated as third party
beneficiaries to this Confidentiality provision.
Audit.
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Each payment by the CITY to OWNER shall be accompanied by a statement executed by
the City Treasurer or the Treasurer's designee, setting forth the calculations of such payment and
identifying the sales tax return period to which the payment relates. The City Treasurer or the
Treasurer's designee shall further issue a statement setting forth all payments made to date to
OWNER. OWNER shall have one (1) year following the receipt of said payment to contest any
of the calculations or information contained in said statements. OWNER shall have the right to
review all sales tax reports provided to the CITY by the state relating to any Generator upon two
days written request by OWNER.
Default/Right to Cure.
No party shall be deemed in default hereunder until such Party has failed to cure the
alleged default with ten (10) days in the case of a monetary default, or within thirty(30) days in
the case of a non-monetary default, from notice of such default from the other Party; provided,
however, if the nature of such non-monetary default is such that it cannot reasonably be cured
within such thirty (30) days period, then such Party shall not be deemed in default if such Party
commences to cure such default within such thirty (30) day period and thereafter diligently
prosecutes such cure to completion.
In the event of a default and except as may be otherwise provided herein to the contrary,
the non-defaulting party may: (i) terminate this Agreement upon written notice to the defaulting
party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii)
except as may be otherwise expressly provided to the contrary herein, seek specific performance
of this Agreement, and, in addition, recover all damages incurred by the non-defaulting party;
(the parties declare it to be their intent that this Agreement may be specifically enforced); (iii)
pursue all other remedies available at law, it being the intent of the parties that remedies be
cumulative and liberally enforced so as to adequately and completely compensate the non-
defaulting party.
No Obligation to Develop, Open or Operate.
Nothing contained in this Agreement shall be deemed to obligate OWNER, Generator or
any of Generator's affiliates to construct any improvements on the Property or to open or operate
any form of business in the Property for any period of time or at all.
Additional Covenants.
Time. Time is of the essence unless otherwise stated in this Agreement and all time
limits set forth are mandatory and cannot be waived except by a lawfully authorized and
executed written waiver by the party excusing such timely performance.
Binding g ffect. This Agreement shall be construed and enforced in accordance with the
laws of the State of Illinois.
Severability. If any provision of this Agreement is held invalid by a court of competent
jurisdiction or in the event such a court shall determine that the CITY does not have the power to
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perform any such provision, such provision shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the other provisions contained herein.
Notices. All notices and requests required pursuant to this Agreement shall be sent by
certified mail as follows:
To Owner: Castle Bank as Trustee under Trust Agreement Dated July
8, 2005 and known as Trust#2373
c/o Jim Ratos
207 W. Kendall Dr.
Yorkville, IL 60560
To Owner's Attorney: Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, IL 60560
With copies to: Attorney John Wyeth
United City of Yorkville Offices
800 Game Farm Rd.
Yorkville, IL 60560
Authority to Execute. The signatories of the parties hereto warrant that they have been
lawfully authorized by the City Council of the CITY and the Board of Directors of
DEVELOPER, to execute this Agreement on their behalf.
Attorneys' Fees. If a party commences a legal proceeding to enforce any of the terms of
this Agreement, the prevailing party in such action shall have the right to recover reasonable
attorneys' fees and costs from the other Party to be fixed by the court in the same action.
Relationship of the Parties. Nothing herein shall be deemed or construed by the Parties or
by any third party as creating the relationship of principal and agent or of partnership of or joint
venture between the Parties, it being understood and agreed that no provision herein,nor any acts
of the parties, shall be deemed to create any relationship between the parties.
Remedies Not Exclusive. Except as may be otherwise expressly provided herein, the
various rights and remedies herein contained and reserved to each of the parties, except as herein
otherwise expressly provided, are not exclusive of any other right or remedy of such party, but
are cumulative and in addition to every other remedy now or hereafter existing at law, in equity
or by statute. No delay or omission of the right to exercise any power or remedy by either party
shall impair any such right, power or remedy or be construed as a waiver of any default or non-
performance or as acquiescence therein.
IN WITNESS WHEREOF, this Agreement is entered into at United City of Yorkville,
Illinois, as of the date and year shown above.
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UNITED CITY OF YORKVILLE, CASTLE BANK AS TRUSTEE UNDER TRUST
an Illinois Municipal Corporation, AGREEMENT DATED JULY 8, 2005 AND
KNOWN AS TRUST#2373
By: By:
MAYOR JAMES G. RATOS
Attest: Dated:
CITY CLERK
Law Offices of Daniel J. Kramer
I I 07 S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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