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Economic Development Packet 2006 04-27-06
Jz� k 0 United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 0 Telephone: 630-553-4350 Fax: 630-553-7575 4LE ,w AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, April 27, 2006 7:00 p.m. City Hall Conference Room REVISED 4/26/06 1. Approval/Correction of Minutes: January 19, 2006 and February 16, 2006 2. EDC 2006-10 Building Permit Report for March 2006 3. EDC 2006-11 Jefferson Street /Route 47 —IDOT Improvement Concept Plans 4. EDC 2006-05 Ratos Development / Economic Initiative Agreement for Corneils and Route 47 5. PC 2005-34 Evergreen Farm—Annexation, Zoning, and Preliminary Plan 6. PC 2006-20 Pulte Homes — Westhaven—Amendment to Annexation and PUD Agreement and Zoning 7. PC 2006-25 New Life Church—Annexation and Zoning 8. PC 2006-01 Grande Reserve Unit 14 —Preliminary/ Final Plat 9. PC 2006-04 Grande Reserve Unit 15 —Preliminary / Final Plat 10. PC 2006-14 Cozy Corner Subdivision (FIRM Properties)—Final Plat 11. PC 2005-53 Hudson Lakes—Preliminary Plat 12. EDC 2006-09 Sign Ordinance 13. EDC 2006-12 Revised PUD Ordinance 14. EDC 2005-02-Economic Incentives for Commercial/Industrial Business Update Page 2 Economic Development Committee April 27, 2006 15. PC 2006-06 Grande Reserve Unit 16— Preliminary/ Final Plat 16. PC 2006-02 Yorkshire Estates — Final Plat 17. PC 2006-21 Villas at the Preserve— Final Plat 18. Additional Business CI p °. United City of Yorkville 800 Game Farm Road EST. , 1636 Yorkville, Illinois 60560 o Telephone: 630 -553 -4350 �o Fax: 630 -553 -7575 AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, April 27, 2006 7:00 p.m. City Hall Conference Room 1. Approval /Correction of Minutes: January 19, 2006 and February 16, 2006 2. EDC 2006 -10 Building Permit Report for March 2006 3. EDC 2006 -11 Jefferson Street / Route 47 — IDOT Improvement Concept Plans 4. EDC 2006 -05 Ratos Development / Economic Initiative Agreement for Corneils , and Route 47 i 5. PC 2005 -34 Evergreen Farm — Annexation, Zoning, and Preliminary Plan 6. PC 2006 -20 Pulte Homes — Westhaven — Amendment to Annexation and PUD Agreement and Zoning 7. PC 2006 -25 New Life Church — Annexation and Zoning 8. PC 2006 -01 Grande Reserve Unit 14 — Preliminary / Final Plat 9. PC 2006 -04 Grande Reserve Unit 15 — Preliminary / Final Plat 10. PC 2006 -14 Cozy Corner Subdivision (FIRM Properties) — Final Plat 11. PC 2005 -53 Hudson Lakes — Preliminary Plat 12. EDC 2006 -09 Sign Ordinance 13. EDC 2006 -12 Revised PUD Ordinance 14. EDC 2005 -02 Economic Incentives for Commercial /Industrial Business Update 15. Additional Business Page 1 of 2 ECONOMIC DEVELOPMENT COMMITTEE DRAFT Thursday, January 19,2006 7:00 pm City Hall Conference Room Present: Alderman Marry Munns Mayor Art Prochaska(arrived at 7:05) Alderman Jason Leslie City Administrator John Crois (arrived at 7:05) Alderman Joe Besco City Attorney John Wyeth(arrived at 7:05) Bart Olson Lynn Dubajic, YEDC (arrived at 7:05) W. A Dettmer, Building Dept. Dennis Lindell, Dykema Gossett Travis Miller John Phillipchuck, DBC&W Ltd. Scott Mai, Smith Engineering Mike Branderby, Tanglewood Homes John Purcell, Kendall County Rick Murphy, Pasquenelli Homes The meeting was called to order at 7:00 pm by Chairman Munns. 1. Approval/Correction of Minutes: September 15, 2005, October 20, 2005, November 2, 2005, and November 4, 2005 —The minutes were approved. 2. EDC 2005-01 SSA Tax Policy—There was no information in the Packet. There could be an SSA if there were extenuating circumstances such as some of the development on the South side of Town. There would be a list of what the SSA dollars could be spent on. A list of possible things for SSA dollars to be spent on was distributed and discussed. Right of way landscaping and curbs as well as engineering and related professional fees were felt the developer should pay,not the SSA. Also it would be preferable if the SSA was folded into the mortgage at the time of closing. This will come back to EDC. 3. EDC 2006-01 Building Permit Report for November 2005—This will move on to COW. 4. EDC 2006-02 Building Permit Report for December 2005—This will move on to COW. 5. EDC 2006-03 Zoning Text Amendment to M-1 Zoning District—This will move on to COW. 6. EDC 2005-07 Feasibility of Relocating Overhead Power Lines to Underground— The estimate of$70,000 for engineering did not include the lines along Rt. 47 from Corneils Rd. to Rt. 71. The first option for payment would be a lump sum payment prior to the start of construction with the final bill invoiced upon completion of all work. The second option would be to add an additional"per kilowatt-hour charge" onto the monthly bills of the customers. The Aldermen do not want to consider this option. Another option would be to pass an ordinance to have the developers bury the lines at the developer's cost. The city can put aside money for a project like this in the future. This is to be taken off the agenda. It will come back sometime in the future. 7. EDC 2005-09 Facade Improvement Agreement—This will move on to COW. Page 2 of 2 8. EDC 2006-04 Residential Development Key and Population Projection—This is a Bi-Annual report. The total units on the key are at 20,768 and the estimated units still to be constructed are at 18,239. There is a 2.75 average population per home. The City Population with current developments only would be 42,805 in five years, and the City Population with current and future developments is projected to be 68,688. 9. EDC 2005-03 Kendall County Transportation Development Fees Draft Agreement—This is a fee collected by the City and held by the City for County Road improvements. There was a question about an agreement with the County to help with the improvements on City streets that will be needed because of the County Complex. This will be discussed at a later date. This item will move on to COW. 10. PC 2005-16 Kendallwood Estates—Preliminary Plan—Plan Commission was 9-0 in favor of this development. There will be 83 homes within this development. This will move on to COW. 11. PC 2005-34 Evergreen Farm—Preliminary Plan—The Plan Commission was 9-0 in favor of this development. There are 76 12,000 square foot minimum lots. There were some changes due to the Transportation Study. The storm water detention was moved. There are 2 road stubs There is a right of way dedication for the extension of Pavillion Road along the creek. The cul-de-sac was extended by 30 feet. The lot lines were changed in the cul-de-sac. This will move on to COW.. 12. PC 2005-54 Grande Reserve Unit 12—Preliminary/Final Plat—This is a Court Home product. Plan Commission was 8-1 in favor. This will move on to COW. 12. PC 2005-55 Grande Reserve Unit 13—Preliminary/Final Plat—This is a Traditional Town Home product. Plan Commission was 8-1 in favor. This will move on to COW. 13. Amendment to PUD Ordinance—This is a change to the first review process. There will be an approval of concept. The concept will have a bubble plan with some detail such as maximum density and number of units. This will give the developer some entitlements. This change would require 2 Public Hearings with one of them for the Preliminary Plan. This will come back to EDC of February 161'. 14. Additional Business—The YEDC update will be on February 28th. 3 developers heard of the Economic Incentives Program through newspaper articles and requested copies. The meeting was adjourned at 8:40 pm. Minutes submitted by Laura Leppert. Page 1 of 2 ECONOMIC DEVELOPMENT COMMITTEE DRAFT Thursday, February 16,2006 7:00 pm City Hall Conference Room Present: Alderman Marty Munns, Chairman Scott Guerard, Wyndham Deerpoint Alderman Joe Besco Dan Harper, Kendall Creek Alderwoman Valerie Burd Jim Olguin, Kendall Creek/Hudson Lakes Mayor Art Prochaska Frank Cortina, attorney Travis Miller Belinda Lies, Kiddie Campus City Attorney, John Wyeth Tom K., Kiddie Campus City Administrator, John Crois Tom Van Bockel, Leo Froelich Construction Lynn Dubajic, YEDC Dan Kramer, attorney The meeting was called to order at 7:00 pm by Chairman Munns. 1. Approval/Correction of Minutes: December 15, 2005 —The minutes were approved. 2. EDC 2005-01 SSA Tax Policy—This is an amendment to the 2002-04 Special Tax Bond Policy. The first change was to the Eligible Infrastructure Costs. The bullets were changed. Some things were added or removed. The second change was under the eligible project section. Prior to consideration the developer must demonstrate an advantage to the city. The next change was the policy that an SSA will be considered specific to the project. The annexation agreement has written policy that an SSA is not required by contract,they may request an SSA. The last change was the City would give the highest priority to an SSA that would be paid off at the time of closing or building permit. There was a comment that when the Bond rates go lower than mortgage rates,than an SSA may be a benefit to the homeowner, but it would still be simpler for the Homeowner to have the SSA paid off at closing. This will move on to COW. 3. PC 2005-27 Kiddie Campus—Special Use—This is for an addition to be built. It is a technicality that this must come before City Council. This got a 6— 0 favorable vote at Plan Commission. This will go on to COW. 4. PC 2005-53 Hudson Lakes—Annexation and Zoning—This development is surrounded by Raintree Village, Prestwick of Yorkville, and Windett Ridge. This will be R2 single family homes. There are 231 units with a minimum lot size of 12,000 square feet. The average lot size is 14,500 square feet, with the maximum lot size at 35,000 square feet. The density is 1.65 units per acre. There will be no Town homes. There is a Penman Road extension. Plan Commission voted 6—0 in favor of Annexation and Zoning. The developer will talk with the State about the plans for Rt. 126. The plat of subdivision review will come to EDC in March. This is off the agenda for now. Page 2 of 2 5. PC 2005-62 2113 Route 47—Annexation and Zoning—This is an 1-shaped parcel at Rt. 47 and Corneils. The owner would like to annex and zone B3. There is no contemplated use, and no prospective buyer. The current owner does not have the means to develop it. This will go on to COW. 6. PC 2006-03 Woodstone—Annexation and Zoning—This will be Annexation and B2 Zoning. It will be a high end low impact office facility. It is lined up with Wooden Bridge. The citizen's concerns are about the lighting and the traffic. The roof lines would be like a house with mainly single story buildings. Many of the natural features will be maintained and there will be additional landscaping and buffering. There will be an accommodation for the future widening of Rt. 126. There will be a bike path and some small signs. This will go on to COW. 7. PC 2006-07 Caledonia Unit 1 —Final Plat—This is a segment of the original Caledonia. Wyndham Deerpoint is going to develop this in chunks. There are no changes in the design. Plan Commission voted 6—0 in favor of this. This will move on to COW. 8. EDC 2006-05 Ratos Development/Economic Initiative Agreement for Corneils and Route 47—This was tabled until the March EDC. 9. EDC 2006-06 Amendment to the PUD Ordinance—The current ordinance gives the developer no entitlement. This is a drawback because there are some significant costs to go through this process. There would be a new PUD zoning class. Approval of the concept plan would give the developer some entitlement. This change adds another Public Hearing to the process. Unless the developer is told otherwise, they must meet the normal standards of the other zoning classes they will be using. This change also encourages any proposed variances and special uses to be listed in the concept plan. This will move on to COW. 10. Additional Business—Joe Besco said the Economic Incentives have been added to the EDC homepage. 3 companies have acknowledged seeing it and are currently figuring out how they can use it. The city has been commended for this and the ability to plan out projects. Alderwoman Burd would like to have a workshop before an EDC meeting to start a program for small business. It would be similar to the facade program with criteria,and capital being invested. It could be especially important for the redevelopment of the downtown area. The meeting was adj ourned at 8:10 pm. Minutes submitted by Laura Leppert. BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning March 2006 Types es of Permits 2-Fam' tl Y Commercial 3 Number of Permits I ssued SFD (Beginning 2005 Multi p l e- F amil y (Beginning zoos c ar eg o ry Industrtal Miscellan eo u s Total Construction Cost i - 1 Permits—I Structure includes BuilJouts March 2006 162 107 2 0 5 0 48 $16,173,506.00 Calendar Year 2006 379 223 18 3 13 0 122 $38,285,252.00 Fiscal Year 2005 1410 669 24 9 35 0 673 $135,730,641.00 March 2005 111 56 5 0 4 0 41 $13,220,330.00 Calendar Year 2005 t 212 i 96 5 0 10 0 96 j $25,000,211.00 Fiscal Year 2004 t 984 {{i 436 5 0 28 1 511 $105,212,771.00 March 2004 69 32 3 0 0 0 33 $6,531,355.00 Calendar Year 2004 2 160 78 3 0 3 0 75 , $169759,634.00 i Fiscal Year 2003 23 j 839 342 15 7 29 0 445 $85,308,961.00 March 2003 46 22 1 0 3 0 20 I $5,358,938.00 i Calendar Year 2003 118 64 1 0 4 0 47 $15,215,408.00 Fiscal Year 2002 683 255 5 2 33 1 387 $54,950,497.00 March 2002 67 34 0 0 5 0 28 $6,221,362.00 Calendar Year 2002° 144 69 2 0 15 0 58 I $14,5679010.00 Fiscal Year 2001 503 202 9 3 32 2 253 $57,647,929.00 3 Permit Number Y-05-0011 was voided,thus only 212 of 213 assigned permit numbers were actually used 3 Permit Number Y-04-097 and Y-04-098 were issued for each side of a duplex,only I structure was built 3 Permit Number Y-2003-324 was voided,thus only 411 or 413 assigned permit numbers were actually issued 4 Permit Number Y-1002-034 was voided,thus only 144 or 145 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 N eta Reviewed By: Legal ❑ City Council Finance ❑ EST. , 1836 -� Engineer ❑ -t . City Administrator El Aa Item Tracking Number p ,L.i Consultant ❑ CE ' Human Resources El City Council Agenda Item Summary Memo Title: Jefferson Street/Rt 47 - IDOT Improvement Concept Plans prepared by Schoppe Design City Council/COW/Committee Agenda Date: April 27, 2006 Synopsis: Review of Schoppe Design Associates concepts prepared for improvements along Route 47 between Van Emmon and Fox (parallel Jefferson and County Courthouse property. 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: JEFFERSON STREET PROPERTY YORKVILLE, ILLINOIS NasIORICAI aL71Y)ALL COURTHOUSE PLAZA cola¢cOum � - PAVERPIAZA CRESCENT RETAINNG WALL BRONZE EDUC WNAL PIA 5 .--•--y. GRANNIE BENCHES ORNAME"Al UAROS �� �...�- A SHADE TREE LOW RETAIMNG WALL LOW RETAIMNG WALL EFFE ON ST B VAN EMMON PLAZA NAMT GRASSES& BRONZE NFOAILION _ MOVE EOUCAIa MRAQUES F0� / GRANDE BENCHES ag PAVERPLM •. r IA� k��I'� �O TREE GRATES ORNAMENTAL TREE HISTORIC MADISON ST. US RT.47/BRIDGE ST. GRAN►ECINBNG PER10D STREET LRUNS ORNAMENTAL BOUARDS t CRESCENT RE►AMNG WAIL 1 COUT1110USEPL47A i CW LAWN LOW RETAING WALL .l.Y •� NATNEGRASSES — a o s ; r YAN EIIlfNON PLAZA IEFFERSONST — - r A• n CM LAWN SECTNIN �•., n VAN EMMON PLAZA E _` w� - US RT.�T/BRIDGE ST. YANEMMON RQ CONCEPTUAL /T�� Fa � RY. Dab:March 8,2006 Yr/ �i C,t�\ \`.1✓/ ?' ,� UNITED CITY OF YORKVILLE SCHOPPE DESIGN ASSOCIATES INC. Sub:1•s 3O �rnm f �rR�, Lm*-pe Archiixi—and Loud Planning 800 Game Farts Road DEVELOPMENT PLAN • ;+ 4 YoTIL„IIIe,IL 80580 OSW O,I STREET (630)551-3355 OSWEGO.IL 60543 FAX(630)551-3639 \LLf ar o•p+eed. JEFFERSON STREET PROPERTY YORKVILLE, ILLINOIS COURTHOUSE PLAZA f0srowAL REM3ALL PAVER PLAZA COIAYIY ' EDUCANONAL PLAQUES COURTHOUSE BENCHES ORNAMENTAL BOLLARDS"�( A 1 CusraN RARBIG T I TERRACED RETAINING WACLS NAME GRASSES SHADE TREE &FORBS JEFF SON$T B NEW BUILDING HSMOCARCHTECMIE 2 U2 STORYOFFHCEI RETAR(3938 SF.) ORNAMENTAL TREE .x D: TREE GRATES BRIDGE ST.PLAZA VAN EMMON PLAZA US RT.47/BRIDGE ST. E0UCARML P1AQ0ES BENCHES HMVERPLAZA �V 1 ��1 NEW BUtDAVc V3r *I�yI RNSEDPLANTER COIIRTHOUSEPLAZA. 7i 71 r.� ;,' TERRACED RETAa6VG WALLS NATNEGRASSES S FORBS e � JEFFERSONST. rl COURTHOUSE PLAZA AND TERRACE i,, n VAN EMMON PLAZA B• O° USRT.aLBRmGEST. – r.. USRL17 4BROGEST. Prepamd CONCEPTUAL Fw:- � 9Y, De}0 March e.s9oe UNITED CITY OF YORKVILLE SCHOPPE DESIGN ASSOCIATES INC . Bale:V- xo r La&-pe Archaecrare and Lend Planning �� 800 Game Farm Road DEVELOPMENT PLAN Yorkville,IL 80580 OSW MAIN.STREET FAX(6301 55/-3355 *;, �� OSWEGO.IL 60543 PAX(63 01 351-363 9 e n a.picsai. �2te � JEFFERSON STREET PROPERTY YORKVILLE, ILLINOIS I (IOSTORM AL KENDALL I � CREATE LOT FOR SALE I I CD SSE &F1I111RE REDEVELOPMENT LOW RETAINING WALLS i NEW BUILDING A NATIVE GRASSES HSTORCARONTECTURE °x &:FORBS( 2.3STMOFFXE1 R•:,' I F RETAIL(16,000 SFJ ' ROOFTOP GARDEN A OVERLOOK PARIDrIM IaiNADOflK1NAL 63SPACES d , r a LLI a � TREE GRATE I NEW BLINDING INSTONCARCHTTEMIRE ROOFTOP GARDEN 2 S1MV OFME/RETAIL(51003FJ ` ORNAMENTAL SHADE TREE US RT.47/BRIDGE ST. TREE ivEt►aUILDnrc WSTOWCARCMECUff ,ti ROOFTOP GARDEN A OVERLOOK ROOFTOPGAROENAOVERl00K r • wwamom INSTOR6 ARCNOECRKIL NEW BUILDING n N M1°d ROM GT US R►.s710MOGE ST ROOFTOP GARDEN ^ C. US RT:171OWGE ST. CONCEPTUAL PmramdFm: B7 Dete:March 8.2008 ® u /�`- r`. , UNITED CITY OF YORKVILLE SCHOPPE DESIGNASSOCIATESINC. Scala:i"'30' �,.: "' L¢ndampe ArcMfeclur¢and Land Planning 800 Game Farts Road Yorkvllla.IL 80580 DEVELOPMENT PLAN ¢ � \,itiy 126 S.AG/N STREET PH.(63 0)5 I 51-3 3 5 5 OSWEGO,/L 60313 FAX/6301531-3639 w aamnesw 02/10/2006 10:57 FAX 630 553 5764 DANIEL J. KRAMER fa002/010 STATE OF ILLINOIS ) February 10,2006 )ss. COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE AND CASTLE BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 8.2M AND KNOWN AS TRUST#2373 DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreomenf I 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'S and CASTLE SANK 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 ILLS 5/8-11-20 ("Enabling StatuW); 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 has purchased. and intends to develop the real property located at the northwest corner of the intersection of Route 47 and Corneils Road and legally described in Exhibit"A"(the"Property'l 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 undestalung 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"A"; 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. 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's, 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. 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. -2- 02/10/2006 10:37 FAX 630 533 3764 DANIEL J. KRAMER 1a004/010 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 OWNTR's agreement to undertake the Development Project and the MY'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. 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 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 share (or -3- 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 eighteen(18) years commencing from the date of the first occupancy by a tenant in the subject development. Tn 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 subj ect property by OWNER- 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 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„ 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. The CITY shall distribute the sales tax revenue generated by any Generator as follows: 50%to the OWNER, or as directed by the OWNER; 50%to the CITY; -4- 02/10/2006 10:57 FAX 630 553 5764 DANIEL J. KRAMER Qj006/010 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 Properly. 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 rnade 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(%:) of the sales tax revenue received by the CITY from the State generated by each Generator on the Property, or any additions to the Properly. All amounts paid to the OWNER will be due and payable solely from one-half (%) 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 Eighteen (1 S) years commencing upon the completion of said improvement. Sources of Funds to Pay Reimbursable Develo meet Proiect 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 teams 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. -5- AssiunabRi . 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/Econom:c Initiative Agreement unless specifically assigned by the OWNER, 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 R orts_ 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, famish 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 eollceted 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(l)(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 -6- 02/10/2006 10:57 FAX 630 553 5764 DANIEL J. KRAMER (2008/010 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. 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 DefanlMgh-t to Care. 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 parry; (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. -7- No Obligation to Develom Open or 01perat e. 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 Effect. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. Severabilit�r. 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 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 DB'VELOPER,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. -8- 02/10/2006 10:58 FAX 630 553 5764 DANIEL J. KRAMER [M010/010 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 reanedy 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. 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 xATOS Attest: Dated: CITY CLERK Law Offices of Daniel J.Kramer 1107A S.Bridge Street Yorkville,Illinois 60560 630.553.9500 -9- Reviewed By: J= �-e► Le al ❑ City Council g Finance ❑ EST. 1835 Engineer ❑ City Administrator ❑ Agenda Item Tracking Number 0111 �O Consultant ❑ a �" a© <LE �? Human Resources ❑ City Council Agenda Item Summary Memo Title: Westhaven(Del Webb)—PUD Amendment City Council/COW/Committee Agenda Date: April 27, 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 April 12, 2006 United City of Yorkville Memo 800 Game Farm Road E,: -� Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: April 13,2006 To: Economic Development Committee From: Travis Miller, Community Development Director Subject: Westhaven (Del Webb) Request: PUD amendment 1. Plan Commission held public hearing April 12, 2006 and moved unanimously to forward a recommendation to approve the request to City Council. Amendment includes: 1. Recital D.i. -The 256 acre R-3 Residential Zoning Classification would need to be changed to 314 acres. This reflects a reduction of 80 acres(now proposed as B-3)and the addition of 138 acres (originally proposed as R- 2) 2. Recital D.H.—The 294 acre R-2 Residential Zoning Classification would need to be changed to 156 acres. This reflects a reduction of 138 acres (now proposed as R-3) 3. Recital D.H.—The 30 acre B-3 would need to increase to 110 acres. This reflects the addition of 80 acres (originally proposed as R-3) 4. Minimum Lot Size increases a. The proposed PUD includes new typical lot diagrams slightly modified from the originally proposed PUD. Currently,there are no duplex units proposed(original included 244 duplex lots) 1. Premier Lots (153 lots) a. proposed minimum size=7,244 sqft b. original minimum size =7,150 sqft 2. Classic Lots(423 lots) a. proposed minimum size=5,610 sqft b. original minimum size= 5,500 sqft 3. Manor Lots (originally duplex) (418 lots) a. proposed minimum size=4,892 sqft b. original minimum size=4,719 sqft Issues• • 1. Current PUD agreement includes a 15.2 acre school site that the proposed concept plan does not show. Recommendation: require this site be included on the concept plan attached to PUD amendment or noted clearly in the agreement the developer/owner will provide a 15.2 acre school site on the property. 2. Requesting amendment to allow B-3 to revert to R-3 if not developed "within a specific time frame"—this time frame is not defined. Recommendation: not to approve any reversion of zoning classification. 3. Rob Roy Creek Enhancement: Recommendation: require a note be added to the concept plan and provisions written into the annexation agreement requiring the commercial development to incorporate stream enhancements along the entire length of the creek that promote naturalization and improved fish species habitat such as creating native wooded buffers, increase the width of portions of the corridor and filter any runoff from any proposed stormwater outlets. 4. Regional Bike Trail: Recommendation: require the applicant to provide a note on the plan to require the commercial development to incorporate the trail connecting to the Bailey Meadows south end and aligning with the Westbury segment at Galena Road. This alignment will need to be adjacent to the Rob Roy Creek. 5. Commercial Access: a. The south access drive shown on the Del Webb plans connecting the commercial area to Galena Road is consistent with staff recommendations and will align with commercial access to the south. b. An access from Bailey Meadows to the south has been recommended which will serve as a connection to the commercial area. Recommendation: require a note be added to the plans and agreement requiring the commercial development to connect a street to Bailey Meadows at this location. f D CIr, United City of Yorkville Memo : 't' 800 Game Farm Road E � .: Yorkville, Illinois 60560 Telephone: 630-553-8545 ., Fax: 630-553-3436 y� 4E � Date: April 10,2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney Travis Miller, Community Development Director Lisa Pickering,Office Assistant Subject: Westhaven—Proposed Annexation and PUD Agreement I have reviewed the proposed annexation and PUD agreement, dated 9/21/05, and have the following comments: • All exhibits must be provided for review. • The title of the agreement should reference the common name of the development (Westhaven), and the developer(Pulte/Dell Webb). • The agreement should include language that Rob Roy Creek shall be enhanced and protected per IDNR recommendations. • Section 2.A—The size of the B-3 zoned parcel should be reviewed for accuracy. • Section 4—Delete language in the first paragraph that makes the city responsible for off-site street related improvements. • Section 5.13—Clarify to state that the city, at this time, has sufficient water capacity. • Section 6.A—Correct the address for YBSD. • Section 6.0—Revise to state that the DEVELOPER shall be responsible for adding the property to YBSD's facility planning area. • Section 6.1)—Change the date for construction of the Rob Roy Creek Interceptor North Branch#1 contract to September 2006. • Section 6.1)—Revise to state that the DEVELOPER shall construct the"Westerly Trunk Line". • Section 6.E—Revise to state that the Rob Roy Creek Interceptor is being extended from YBSD's treatment plant, not Rob Roy Creek itself. Revise to state that the DEVELOPER shall prepay the IPF fees to YBSD,not the city. Revise the IPF fee amount to the current amount per acre, and state that the IPF fee is subject to change at the discretion of YBSD. Delete reference to the $2000 city connection fee as being used to help fund the Rob Roy Interceptor. • Section 6.17—State that the wastewater pumping operation is subject to YBSD approval. • Section 7.A—Revise to state that the only public infrastructure in the age restricted residential parcel shall be watermains and sanitary sewer mains. Streets, storm sewers, sidewalk, streetlights,and parkway landscaping shall be privately owned and maintained. • Section 7.13—Correct the spelling for Beecher Road as several locations. Revise to state that the $2000 city road fee shall only be used for perimeter roadway improvements beyond what is required by ordinance. Revise the county road fee to the correct amount, and state that both fees are subject to change from time to time and that the developer shall pay those fees that are uniformly applied throughout the city.Delete the language that requires the city to fund improvements to Galena,Beecher, and Baseline Roads. Delete the language that requires IDOT to make improvements to Route 47. • Section 8.A—Revise the 4th line by replacing the word"public'with"land". • Section 8.13—Revise the end of the second paragraph to state"...not later than ninety(90)days following completion of the punchlist." • Section 10—Revise by replacing the phrase "expiration of said five (5)year period"with"execution of this agreement". • Section 13.A—Revise the grace period to 6 months to agree with the grace period in Section 10.A. • Section 17—Revise the P paragraph to state that any hydrants not made operational within 30 days of construction shall be bagged or otherwise marked as not in service, and that the DEVELOPER shall provide an acceptable schedule to the city and BKFD for making them operational.Define the word"neighborhood" in this paragraph. • Section 25.B—Revise to state that the DEVELOPER must submit satisfactory grading and erosion control plans to the city prior to the issuance of a Site Development Permit. • Section 28—Revise to state that the DEVELOPER shall pay the cost or relocating other utilities such as gas mains,buried communication lines,etc. If you have questions regarding any of these comments,please see me. F`-v— / Reviewed By: Legal ❑ City Council Finance ❑ EST. 1836 Engineer ❑ CiTy Administrator ❑ Agenda Item Tracking Number o �� - f a -a � 20 Consultant ❑ SCE Human Resources ❑ City Council Agenda Item Summary Memo Title: New Life Church—Annexation and Zoning City Council/COW/Committee Agenda Date: April 27, 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 April 12, 2006 United City of Yorkville Memo 800 Game Farm Road En Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 MLLE fit. Date: April 13,2006 To: Economic Development Committee From: Travis Miller, Community Development Director Subject: New Life Church Request: Annexation and Zoning(R-1 and B-3) 1. Plan Commission held public hearing April 12,2006 and moved unanimously to forward a recommendation to approve both annexation and zoning request to City Council. 2. Eastern commercial site is not consistent with the comprehensive plan recommendation for suburban residential,however, it would be reasonable to allow commercial in this area given the proximity to Grande Reserve homes and intersections of Mill/Kennedy/Galena. Staff has no concerns regarding a commercial use in this area. Issues• . 1. Based on staff review including Engineering and Community Development Department,the draft annexation agreement prepared by the petitioner has been modified per staff recommendations. Attached is marked-up annexation agreement incorporating staff comments. Recommendation: approve annexation agreement including staff revisions and subject to legal review. Draft: 03/02/06 Revised:03/27/06 ANNEXATION AGREEMENT (NEW LIFE CHURCH) THIS ANNEXATION AGREEMENT("Agreement"),is made and entered into as of this day of ,2006,by and between OLD SECOND NATIONAL BANK OF AURORA,AS TRUSTEE UNDER A TRUST AGREEMENT DATED JULY 24,2001 AND KNOWN AS TRUST NUMBER 8574,THE ESTATE OF ELIZABETH G. BAUMAN,DECEASED; TERESA R.HOFFMAN AND GEORGE P.BAUMAN,INDEPENDENT EXECUTORS,AND HENRY A. BAUMAN SR BYPASS TRUST C/O TERESA R HOFFMAN AND GEORGE P. BAUMAN, owners of approximately 49.38 acres of property located east of Kennedy Road,north of Mill Road,and southeast of Galena Road in Kendall County,Illinois. Permanent Index Numbers 02-11-300-004 and 02-11-300-009(hereinafter collectively referred to as"OWNERS"),and THE NEW LIFE CHURCH OF YORKVILLE,an Illinois Not For Profit Corporation (hereinafter referred to as"DEVELOPER"), and the UNITED CITY OF YORKVILLE,a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois(hereinafter referred to as "CITY")by and through its Mayor and Aldermen("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party"and collectively as the"Parties". 120461/1 1 RECITALS: A. OWNERS are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as"SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a church facility along with other business uses. C. OWNERS and DEVELOPER desire to proceed with the development of a church facility along with various other commercial and office uses in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be zoned under the R-1 One-Family Residence District and B-3 Service Business District provisions of the City Zoning Ordinance("Zoning Ordinance")as depicted on the Legal Descriptions of Zoning Parcels attached hereto and incorporated herein as Exhibit `B", for a church facility and commercial areas with the B-3 Service Business District uses identified in Exhibit`B". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on and . The Plan Commission concluded their deliberations on this case at their meeting. City Council conducted the public hearing on the annexation agreement on F. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. 120461/1 2 G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Annexation Agreement subject to the terms and provisions of this Agreement, and the zoning, subdivision and development of the SUBJECT PROPERTY as provided for herein,will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits,promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS, DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit"A" as an R-1 One Family Residence District and B-3 Service Business District allowing for a church facility as well as a mix of commercial uses in conformance with the United City of Yorkville Comprehensive Plan. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that it is in the best interest of the OWNERS, DEVELOPER and the CITY that the SUBJECT PROPERTY be developed in an orderly and efficient fashion. (iv) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. 120461/1 3 I. It is the desire of the CITY, the OWNERS, and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement. The Parties hereto further agree to supplement this Agreement with the Petition for Zoning and Annexation, and drawings submitted therewith to be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement,the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and zone the SUBJECT PROPERTY under the R-1 One- Family Residence District, and B-3 Service Business District under provisions of the Zoning Ordinance. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. 120461/1 4 OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY,unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement 3. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations from the CITY'S ordinances, rules, and codes contained herein have been requested, approved and are permitted with respect to the development,construction,and use of the Subject Property("Permitted Modifications"). Deleted:).OWNERS and (A) OWNERS and DEVELOPER shall be allowed to construct a school facility upon. DEVELOPER shall be granted approval by the CrrY to utilize a maximum of six the portion of the Subject Property zoned in the R-1 District. The school facility built upon the (6)fed ofbounce in each retention area located upon the Subject Property. Subject Property shall be allowed to be built to a maximum height of fifty-five(55)feet. OWNERS and DEVELOPER shall also be permitted to utilize a four to one(4/1) (C) OWNERS and DEVELOPER shall be allowed to construct a church facility upon side slope ratio with no buffer requirement m each retention area located the portion of the Subject Property zoned in the R-1 District. The church facility shall be ('son thG Subject Property' allowed a maximum building height of fifty-five feet(55),and a church steeple maximum height Deleted: of one-hundred and ten(I 10)feet shall also be permitted. (D) OWNERS and DEVELOPER shall be allowed to construct,maintain,and operate an outdoor recreation facility located within the R-1 area of the Subject Property. Such outdoor recreation facility may include paved surfaces and equipment necessary for skate boarding, inline skating or for any other outdoor recreational activities which the OWNERS and DEVELOPER may wish to engage in upon the Subject Property. Such outdoor recreation facility shall be constructed,operated,and maintained by OWNER'S and DEVELOPER and will comply with CITY building and safety codes. (E) CITY agrees that all signs which are permitted under Chapter 12 of the CITY Zoning Ordinance for Business Districts shall be permitted within the area of the Subject Property which are zoned R-1. OWNERS and DEVELOPERS shall be allowed illuminated permanent signs up to one hundred (100) square feet in area advertising the church and school 120461/1 5 facility within the R-1 zoned area of the Subject Property. Furthermore OWNERS and DEVELOPERS shall be allowed to construct permanent stone entry monuments upon the Deleted:on Subject Property. Such Monuments shall be permitted at entry points located lg opg Mill Road,_. Kennedy Road and Galena Road (F) The following interim uses set forth below shall be allowed anywhere within the Subject Property during the term of this Agreement, (i) As of the date of this Agreement there is an occupied residential detached housing unit located on the southeast corner of the Subject Property which is in the area proposed to be zoned B-3. OWNERS and DEVELOPER wish to continue to rent the aforementioned residence to their tenants. For this reason the CITY agrees to allow the continued use of such residential unit for residential purposes until development of this portion of the Subject Property is commenced. (ii) The Subject Property is currently utilized for farming purposes. The CITY agrees to allow the OWNERS and DEVELOPER,or their farm tenant to continue all types of crop farming upon the Subject Property until development of the Subject Property is commenced. 4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as modified by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER except as otherwise provided in this Agreement. 5. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments")to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The 120461/1 6 DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes,as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent(85%)of the value certified by the City Engineer of the completed work,so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Deleted:Perimeter roadways and onsite c.----_.._------------------------------------------------------ improvements may be dedicated, --J constructed,and/or bonded as B. Acceptance of Underground Improvements and Streets. The CITY, once it has independent Phases of Development at the sole discretion of the DEVELOPER ¶ had the opportunity to inspect and fully confirm that the public improvements required to be constructed under this Agreement comply with CITY approved plans,specifications,and ordinances,shall approve all such public improvements, all in accordance with Section 21 of this agreement, and shall accept their dedication subject to the OWNERS' and DEVELOPER'S warranty, as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvements located therein. The procedure for acceptance of improvements shall comply with CITY ordinances. OWNERS and DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or material for a period of one (1) year after acceptance thereof by the CITY. Upon notice from CITY, OWNERS and DEVELOPER shall promptly commence to remedy any defects covered by the Deleted DE :the OWNER'S and foregoing warranties,and in addition thereto,in the event that env construction or— VELOPER'S construction build-out activity within of any Phase of the development of the SUBJECT PROPERTY is determined to have damaged any public improvements previously installed by OWNERS and DEVELOPER within the SUBJECT PROPERTY, then, upon notice thereof from the CITY, OWNERS and DEVELOPER shall 120461/1 7 promptly commence to repair or replace any and all public improvements so damaged. C. Reduction of Surety Within ixty 60 calendar days after_(a) recei t of Deleted:they(30) ()-------------- ��_ec p notice from the OWNERS and DEVELOPER that certain of the public improvements and facilities within a phase of the SUBJECT PROPERTY under development have been completed, and (b) delivery to the City of all required documentation (including without limitation material certifications), the City Engineer shall inspect said improvements and indicate, in writing, either his approval or disapproval of the same. If such improvements are not approved,the reasons therefore shall,within said si_ 60 alendar day period be set forth in a ,-' Deleted:thirty(30) written notice to the OWNERS and DEVELOPER. Upon the OWNER'S and DEVELOPERS correction of thepunch list-items-set forth in said notice,the City— Deleted.ongmal Engineer, at the OWNER'S and DEVELOPER'S request, shall re-inspect the improvements to be corrected and either approve or disapprove said improvements, in writing within sixty (601 working dais of receipt of the J Deleted:d,iny(30) OWNERS and DEVELOPER'S notice requesting said re-inspection. As public improvements are partially completed and paid for by the OWNERS and DEVELOPER and accepted by the CITY the Security Instruments deposited by the OWNERS and DEVELOPER with the CITY, if requested by the OWNERS and DEVELOPER, may be proportionately reduced or released on an individual improvement-by-improvement basis. Notwithstanding anything herein to the contrary,the CITY shall have no obligation to reduce or release the last ten(10%) of any Security Instrument provided hereunder until all warranty obligations of OWNERS and DEVELOPER secured thereby have lapsed. D. Construction of Offsite and Onsite Improvements OWNERS shall be allowed to construct the required off site and onsite improvements simultaneously with the issuance of building permits for individual lots and/or buildings, but it is understood that building permits may not be issued unless 120461/1 8 OWNERS and DEVELOPER have provided adequate road access (i.e. gravel course or paved roads) to the lots for emergency vehicles and has provided sufficient water supplies for fire fighting purposes. All other offsite and onsite improvements (except final lift of bituminous asphalt surface on roads if weather, labor strikes, plant closings or any other condition or circumstance beyond OWNERS and DEVELOPER'S control prevents installation of such improvements), serving any said lot or building shall be installed by OWNER and DEVELOPER and approved by the CITY, however, before an occupancy permit is issued for said lot or building, the balance of the required onsite subdivision improvements not required to serve said lot or building may be constructed in phases after issuance of the aforesaid occupancy permit, as the development on each phase progresses. Deleted:<#>Conveyance to CITY All E. ,.Utility Permits The CITY shall issue permits to OWNER an ER d DEVELOP toy. -' completed public improvements ------------ -- -- --------------- constructed on,or in connection with the authorize the commencement of construction of utility improvements on the ', development of the SUBJECT PROPERTY or any Parcel or Phase SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i)approval of a 'i thereof following rhea inspection and approval by the CITY shall be conveyed 'I by a bill of sale to,and accepted by,the final plat of subdivision; (ii) prior to construction of the CITY utility CITY on an improvement by improvement basis within thirty(30)days improvements provided:(1)such construction is undertaken at the risk of a party or within forty-five(45)days if on a committee agenda,of receipt of written seeking to undertake such work; (2) approved engineering plans for such I request for acceptance submitted to the CITY by the OWNER and improvements have been approved by the CITY that are sufficient in detail for consideration DEVELOPER,nd scheduled ceero within forty-five(45)days. The CITY'S the CITY to determine the nature and scope of the improvements being acceptance of any conveyance of a public improvement shall not be unreasonably constructed: (3) the preliminary subdivision plat for the Phase upon which the withheld or delayed and shall be on a Phase or Unit by Unit basis(i.e. improvements are being constructed has been approved by the CITY;and(4)the acceptance of public improvements in a particular Phase or Unit of development IEPA and the Fox Metro Water Reclamation District, as applicable,have issued be the�� PROPERTY offppubli improvements in another Phase or Unit of permits for the construction of sanitary sewer and water lines for the Phase or development,provided the public improvements being accepted can Unit on which the improvements are being constructed. The CITY agrees to fimction and perform their intended purpose independent of the public process IEPA sewer and water permit applications separate and apart from the improvements in another Phase or Unit of development,or if dependent on the review of final engineering plans so that the IEPA will be in a position to issue Public improvements in another Phase or g g P P � Unit of development,the public improvements in such other Phase or Unit such permits prior to CITY approval of final engineering plans. OVrNTER and i of development have been accepted by the crrr). q DEVELOPER acknowledge that the CITY sirlatures on the IEPA Hermit Formatted:gullets and Numbering 120461/1 9 applications do not constitute final plat or plan Approval. OWNER and DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because other governmental agency takes action against the CITY after OWNER and DEVELOPER undertakes development activities pursuant to the provisions of this Subsection 5. 6. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite utilities, property owners association open space areas) in each Phase or Unit of Development; and approval by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable SECURITY INSTRUMENT, subject to a maintenance SECURITY INSTRUMENT remaining in place for a one year period from the date of approval by the CITY. 7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY,including,without limitation those pertaining to subdivision controls,zoning,storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of ve 5 years from the . Deleted:eight(8) date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five "year period. -The CITY-shall give the ONERS-and-DEVELOPER a six-(6) month grace—, Del eight(8) SAY �-- - ------ ---- ---- -W---- -- --------- �)-----g-- e period from the date they are notified of any changes to the ordinances,regulations,and codes of the CITY in order to comply with the new regulations. After said five ear period the Deleted:eight(8) PY ��'--P----' SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the Zpproval of this agreement. The^. Deleted:expiration of said eight(8)ye foregoing to the contrary notwithstanding,in the event the CITY is required to modify,amend or 120461/1 10 enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. 8. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement will govern the development of the Subject Property. These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five(5)years from the date of issuance of the building permit. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances,regulations,and codes of the CITY in existence on or adopted after the expiration of said five(5)year period. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries,then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement,all national amendments,deletions,or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (12th) month following the effective 1 20461/1 11 date of such amendments,deletion,or addition,whether during the five(5) years next following the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and DEVELOPER a six(6)month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. 9. FEES AND CHARGES. During the first five (5) years following the date of issuance of the first building permit,the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers,only those permit, license, tap on and connection fees and charges,and in such amount or at such rate,as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement. At the expiration of this five year term,the CITY shall give the OWNERS and DEVELOPER a 4ix (6) month race period from the date the are Deleted:one(1)year notified of any changes to the permit, impact.14p on and connection fees and charges in order-to—,- Deleted:license, comply with the new regulations. 10. CONTRIBUTIONS. The City shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 11. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize development identification, marketing and location signs on Mill Road,Kennedy Road,and Galena Road, and at such other locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate subject to sign permit review and issuance by the CITY. Development identification,marketing, and location signs located on Mill Road, Kennedy Road, and Galena Road shall be allowed to have a maximum surface area of one-hundred and eight square feet (180), and shall be fifteen (15)feet high,and twelve(12)feet wide. Any Offsite Signs will not be located on public right- of-ways. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all 120461/1 12 necessary and appropriate legal rights for the construction and use of each of the Mite Signs. Each Mite Sign may be illuminated subject to approval by the CITY. 12. CONSTRUCTION TRAILERS. OWNERS and DEVELOPER may locate temporary construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. 13. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement,contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 14. OVERSIZING OFIMPROVEMENTS. by the CITY A. &iecapture Agreement_ In the event the CITY requests the DEVELOPER to— Deleted:Reimb�sement construct a CITY improvement beyond that needed for the proposed development or other public improvement, including oversizing and or deepening of such improvements, which will serve property other than the SUBJECT PROPERTY, and benefit the CITY as a whole, then the CITY agrees to adopt recapture ordinances to recapture agreement for the-DEVELOPER- for . Deletes:re�mhtme such expenses including engineering,construction,and other costs which may reasonably be expected to be incurred by the DEVELOPER. 120461/1 13 15. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes(2002)ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes,except as otherwise provided in this Agreement. Deleted:RELOCATION OF MILL 16. -- --- ---------------......---------------------._....----------___ ROAD. The CITY agrees to use their best efforts to relocate Mill Road to accommodate the development of the Subject Property. It is understood by the 17 Parties that the CITY shall be responsible --------------------------------------------------------- for all costs associated with the relocation of Mill Road. Furthermore the CITY agrees to pay all costs associated with removing the vacated Mill Rd.from the 18. DISCONNECTION. OWNERS and DEVELOPER shall develop the Subject Subject Property,including asphalt k removal,dumping fees,and grading,as Property in accordance with the terms of this agreement,and shall not,as either the OWNERS or well as any existing utilities located within the existing Mill Road right of DEVELOPER of said property,petition to disconnect any portion or all of said property from the way. Deleted:ONSITE EASEMENTS CITY or from any service provided by the CITY. AND IMPROVEMENTS. Upon relocation of Mill Road the CITY shall at it's sole cost relocate the existing Nicor gas line currently located along the 19. CONFLICT IN REGULATIONS. The provisions of this Agreement shall southern property line within the Subject Property. Upon the CITY'S relocation of supersede the provisions of any ordinance, code, or regulation of the CITY which may be in saidn gas line the CITY shall then obtain a a r re elease of the thirty(30)foot easement where said Nicor gas line is conflict with the provisions of this Agreement. currently locates.I If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined 20. TRANSFER. DEVELOPER may assign this Agreement without CITY to be in error or located in a manner inconsistent with the intended approval,but only in connection with its conveyance of all or an art of the SUBJECT development of the SUBJECT PP Y Y Y II PROPERTY,the CITY shall fully cooperate with OWNERS and PROPERTY,and upon said assignment and acceptance by an assignee,the DEVELOPER shall DEVELOPER in vacating and relocating such easement and utility facilities have no further obligations hereunder as to the that portion of the SUBJECT PROPERTY so located therein. conveyed,but shall continue to be bound by this Agreement and shall retain the obligations created thereby with respect to any portion of the SUBJECT PROPERTY retained and not conveyed. If DEVELOPER or its successors sell a portion of the SUBJECT PROPERTY, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement(excluding rights of recapture)which affect the portion of the SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no further 12046111 14 obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so conveyed,but any such seller shall retain any rights and obligations it may have under this Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or conveyance,unless the successor to or assignee of the DEVELOPER of all or a portion of the SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the construction,repair and maintenance of roadway or other public improvements with the CITY, the DEVELOPER or other seller though otherwise released from all obligations hereunder,shall keep its letter of credit on deposit with the CITY until such time as the DEVELOPER or the successor to or assignee of the DEVELOPER has provided a substitute letter of credit. 21. GENERAL PROVISIONS A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER,and the CITY. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees,have 120461/1 15 been reached through a process of good faith negotiation,both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. 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 telefacsimile 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: (I) If to OWNERS Andrew G.White,Esq. Dickson&Hasenbalg 2000 W.Galena Blvd.Suite 305 Aurora,IL.60506 Fax: (630)553-2134 (II) If to New Life Church of Yorkville Pastor Rick Thiemke DEVELOPER: 3205 Cannonball Trail Yorkville,IL.60560 Fax:(630)553-7338 with copies to: John Philipchuck Dommermuth,Brestal,Cobine&West Ltd 123 Water St. Naperville,IL 60566 Fax:(630)355-5976 (III) If to CITY: United City of Yorkville Attn:City Clerk 800 Game Farm Road Yorkville,I160560 Fax:(630)553-7575 with a copy to: John Wyeth Esq. 800 Game Farm Rd. 120461/1 16 Yorkville,I160560 Fax:(630)553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability This Agreement is entered into pursuant to the provisions of the Agreements With Owners of Record Act of the Illinois Municipal Code(65 ILCS 5/11-15.1-1, et seq.) 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 OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement This Agreement, and any Exhibits or attachments hereto, 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 ComRiled Statutes This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto,without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their 120461/1 17 successors or assigns,to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty(20)years. In. the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County,Illinois,at OWNERS and DEVELOPER'S expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the Subject Property. 120461/1 18 Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Foz Metro Water Reclamation District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Exculpation It is agreed that the CITY is not liable or responsible for any restrictions on the CITY'S obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including,but not limited to,county,state or federal regulatory bodies. Q. Liability of OWNERS. It is expressly understood and agreed by and among the parties hereto that all responsibility of The Old Second National Bank of Aurora Trust No. 8574, The Estate of Elizabeth Bauman, and The Henry A. Bauman Sr. Bypass Trust shall be extinguished simultaneously with the transfer of title to the real estate from the OWNERS to the Purchaser,New Life Church of Yorkville,An Illinois Not For Profit Corporation, as DEVELOPER hereunder. Thereafter, the DEVELOPER assumes all of the responsibilities and obligations of the OWNERS under this Agreement. It being understood and agreed, however, that OWNERS shall also have no obligation to perform the obligations of the DEVELOPER,unless said OWNERS agree in writing to assume said obligations. 1 20461/1 19 IN WITNESS WHEREOF,the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CITY: DEVELOPER: UNITED CITY OF YORKVILLE, NEW LIFE CHURCH OF YORKVILLE, an Illinois municipal corporation an Illinois not for profit corporation By: By: Title:Mayor President Attest: Attest: Title: City Clerk Secretary Dated: Dated: 120461/1 20 OWNER: OLD SECOND NATIONAL BANK OF AURORA, AS TRUSTEE UNDER A CERTAIN TRUST AGREEMENT DATED JULY 24,2001 KNOWN AS TRUST NUMBER 8574 By: Its: Attest: Its: 120461/1 21 OWNER: THE ESTATE OF ELIZABETH G.BAUMAN,DECEASED; THERESA R.HOFFMAN AND GEORGE P.BAUMAN,INDEPENDENT EXECUTORS By: Its: Attest: Its: 120461/1 22 OWNER: HENRY A BAUMAN SR. BY-PASS TRUST C/O TERESA R.HOFFMANN AND GEORGE P.BAUMAN By: Its: Attest: Its: 120461/1 23 `A Ire C/T y Reviewed By: J= Q•c� Legal ❑ City Council Finance ❑ EST. � = 1886 Engineer ❑ 4 City Administrator F1 Agenda Item Tracking Number �� '� �O Consultant ❑ �' ,��� Human Resources LE ❑ City Council Agenda Item Summary Memo Title: Grande Reserve Unit 14—Final Plat City Council/COW/Committee Agenda Date: April 27, 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 April 12, 2006 A © United City of Yorkville Memo 800 Game Farm Road Esc Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: April 13,2006 To: Economic Development Committee From: Travis Miller, Community Development Director Subject: Grande Reserve Units 14 and 15 Request: Final Plat 1. Plan Commission held public hearing April 12, 2006 and moved unanimously to forward recommendations to approve both final plat requests to City Council. `,LS�CP'p R eviewed By: Legal ❑ City Council Finance ❑ EST. �_ ':1836 Engineer ❑ (� JIM City Administrator ❑ Agenda Item Tracking Number Consultant El Lc=- " tf <LE Human Resources ❑ City Council Agenda Item Summary Memo Title: Grande Reserve Unit 15 —Final Plat City Council/COW/Committee Agenda Date: April 27, 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 April 12, 2006 ,t' CO.a United City of Yorkville Memo 800 Game Farm Road EST. im Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 CE Date: April 13,2006 To: Economic Development Committee From: Travis Miller, Community Development Director Subject: Grande Reserve Units 14 and 15 Request: Final Plat 1. Plan Commission held public hearing April 12, 2006 and moved unanimously to forward recommendations to approve both final plat requests to City Council. to Cl),* Reviewed By: Legal ❑ City Council Finance ❑ EST. 1$3$ Engineer ❑ City Administrator El Agenda Item Tracking Number - � a � � � O Consultant El �LE Human Resources ❑ City Council Agenda Item Summary Memo Title: Cozy Corner—Final Plat City Council/COW/Committee Agenda Date: April 27, 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 April 12, 2006 United City of Yorkville Memo 800 Game Farm Road �sr Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 Date: April 13, 2006 To: Economic Development Committee From: Travis Miller, Community Development Director Subject: Cozy Corner Request: Final Plat 1. Plan Commission held public hearing April 12, 2006 and moved unanimously to forward a recommendation to approve the final plat request subject to staff comments to City Council. 2. Attached are outstanding Engineering Department comments. April 7, 2006 Mr. Phil Young Phillip D. Young and Associates, Inc. I I 07 South Bridge Street Yorkville, Illinois 60560 Re: Cozy Corner Subdivision—Plat of Subdivision Dear Phil: I have reviewed the revised plat of subdivision dated 3/23/06, and have the following comments: • Respond to any review comments from our Community Development Department and Building Department. • 1 corrected for scale and overlaid your plat on Jim Koziol's utility plan. It appears that the easement for the watermain stub to the north building doesn't extend far enough north. It should extend to 5 feet past the hydrant. Please confirm the watermain location with Jim Koziol. • Harold Oliver is currently requesting a sign variance from the city that would place three monument signs within the proposed easements. I have recommended that the signs be moved outside the easements. Depending on the outcome of the variance request,the easement locations may need to change. • A separate plat of easement will be needed for the offsite watermain across the property immediately south of the development. The easement should be located adjacent to the future IDOT right-of-way. Please make the requested revisions and resubmit two prints at your earliest convenience. If you have questions regarding any of these comments,please call me at 553-8527. Very truly yours, Joseph Wywrot City Engineer Cc: John Crois, Interim City Administrator Bill Dettmer, Code Official Travis Miller, Community Development Director `,QED C/ry Reviewed By: J2 �-c► Legal 1-1 City Council � Finance ❑ EST :�— - 1836 Engineer F-1 �'. . 60 City Administrator ❑ Agenda Item Tracking Number Consultant ❑ <LE �? Human Resources ❑ City Council Agenda Item Summary Memo Title: Hudson Lakes—Preliminary Plan City Council/COW/Committee Agenda Date: April 27, 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 April 12, 2006 United City of Yorkville Memo 800 Game Farm Road im Yorkville, Illinois 60560 Telephone: 630-553-8545 p Fax: 630-553-3436 LE Date: April 13,2006 To: Economic Development Committee From: Travis Miller, Community Development Director Subject: Hudson Lakes Request: Preliminary Plan 1. Plan Commission held public hearing April 12, 2006 and moved unanimously to forward a recommendation to approve the preliminary plan request subject to staff comments to City Council. Issues• . 1. Based on staff review including Engineering and Community Development Department,the draft annexation agreement prepared by the petitioner has been modified per staff recommendations. Attached is marked-up annexation agreement incorporating staff comments. Recommendation: approve annexation agreement including staff revisions and subject to legal review. STATE OF ILLINOIS ) DRAFT 3-6-06 Revised 3-27-06 )SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF KENDALL CREEK DEVELOPMENT,LLC AND THE UNITED CITY OF YORKVILLE (HUDSON LAKES SUBDIVISION) This Annexation Agreement(hereinafter"Agreement"), is made and entered into this_day of , 2006, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", and the owner of record KENDALL CREEK DEVELOPMENT,LLC,(Hereinafter"OWNER"). WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 141.3 acres, more or less(hereinafter"PROPERTY");and WHEREAS, it is the desire of OWNER to provide for the annexation of the PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence District; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY;and WHEREAS,OWNER and CITY has or will perform and execute all acts required by law to effectuate such annexation;and WHEREAS, it is the intent of OWNER to design a stormwater management system for the PROPERTY that is in conformance with City Ordinances;and WHEREAS,all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes;and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues;and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation and zoning all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statutes;and WHEREAS, the OWNER and CITY agree that upon Annexation to the CITY the PROPERTY shall be placed in a R-2 Single Family Residence District, as set forth in the Preliminary Plat attached hereto and incorporated herein by reference as Exhibit"B';and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY;and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5 (2002), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future,as authorized by,the provisions of said statutes;and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 (2002) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained,and by authority of and in accordance with the aforesaid statutes of the State of Illinois,the parties agree as follows: 1. ANNEXATION. OWNER has filed with the Clerk of the CITY a duly and properly executed petition pursuant to,and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq.(2002)to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville.CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably practical. 2. ZONING. A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall adopt an Ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel R-2 Single Family Residence District. B. The CITY and OWNER agree that the PROPERTY shall be developed in ,compliance with the ordinances of the CITY in effect at the time of passage of this agreement- .- Deleted:substantial by the City Council of the UNITED CITY OF YORKVILLE,and from time to time amended as, the same shall be applied to the property as duly passed by the UNITED CITY OF YORKVILLE. C. Preliminary Plat. The CITY hereby approves the Preliminary Plat attached hereto as Exhibit `B", prepared by Smith Engineering Consultants dated , 2006. 2 3. ANNEXATION TO SANITARY DISTRICT. A. OWNER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary District. B. OWNER shall cause the PROPERTY to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the PROPERTY and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in Fompliance with the Final Engineering_as_approved by_the CITY_f---- - Phase of_--- Deleted:substantial Development. The CITY shall fully cooperate with OWNER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the PROPERTY. The sanitary sewer mains constructed by OWNER for each Phase of Development which are eighteen(18) inches or more in diameter("Large Lines") shall be conveyed to Yorkville-Bristol, subject to their approval, and the sanitary sewer lines which are less than eighteen inches in__-- Deleted:and romaine s�toi shall ("Small Lines")shall be conveyed to the CITY and the CITY shall take ownership take ownership of and,at its expense,be responsible for the ongoing care, of and, at its expense, be responsible for the ongoing care, maintenance, replacement and maintenance,replacement and renewal of renewal of said Small Lines following the city's acceptance thereof, which acceptance shall said Large Lines not be unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY to the sanitary sewer lines adjacent to the PROPERTY until such time as the proposed Southeast Interceptor is available at the property line of the PROPERTY. The OWNER agrees to cooperate with the City regarding the Southeast Sewer Interceptor project. The OWNER Shall provide a letter from the Raintree Village Developer agreeing to allow the_-_- Deleted:is permitted OWNER to temporarily connect to the Raintree Village Sewer System that is tributary to the Commonwealth Edison interceptor, however, once the southeast interceptor has been constructed, the OWNER will disconnect from Raintree Village and the property will be permanently connected to the southeast interceptor at the OWNERS expense. The OWNER will not receive anv credit for the cost of work related to temporary sanitary connections.The City does not represent that the sewer lines and the sanitary system in Raintree Village presently have the capacity to service the property and the OWNER shall be responsible to make any ugrades to the Raintree Village system deemed necessary by the CITY_ In the Deleted:the city will provide that sanitary event the OWNER advances the cost for the design work necessary r the southeast serving sewer capacity for proposes of �' serving the property. interceptor,the City would credit the OWNER,its successors or assigns for sewer connection fees that would be charged to the users on this property at the time that those sewer connection fees would be due. 4. WATER The CITY shall provide adequate potable water in sufficient quantities and pressure to serve the needs of the PROPERTY. One of the potable water connections.,will occur pear the_--- oeieted:shall northwest corner of the property at the eastern edge of the development commonly known as I Deleted:a< Raintree Village. The OWNER agrees to provide easements for water utilities as may be necessary. The OWNER may be required to install in-house PRV's until the new pressure zone is established and is required to remove said PRV's once the new pressure zone is 3 established. The OWNER may be required to provide an easement on the property at a location to be determined by the CITY engineer if a pressure reducing value is required to service the property. 5. DONATIONS AND CONTRIBUTIONS. A. The OWNER shall pay fees as described in Exhibit "x". These fees specifically include but are not limited to School Transition fees per residential dwelling unit in said PROPERTY as voluntarily agreed to by OWNER to the Yorkville Community School District #115; City Development fees per residential dwelling unite the per unit Municipal __- Deleted: shall be paid by OWNER at Building Fee,;City Road Impact Fee; Kendall County Transportation Development Fee: Fire the time of buildingpennitissuance District Fee; Library Fee, as well as other published fees to the CITY in conformance with Deleted: in effect at time of Final Plat City Ordinances or as modified herein, including but not limited to City Reimbursement of approval payable at Final Plat recording Consultants and of Review Fee Ordinances, City Land-Cash Ordinance, and other such fees to the CITY in conformance with the City Ordinances or as modified from time to time herein.Said Transition,Development,and other fees shall be paid per single-family residence prior to the issuance-of each respective single-family building_permit.-Said fees are being_ - Deleted:concurentwith and paid voluntarily and with the consent of OWNER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNER knowingly waives any claim or objection as to amount of the specific fees negotiated herein and attached as Exhibit"x"voluntarily. B, f-------- ,- Deleted:OWNER shall pay Two ------------- -------------------------- Thousand Dollars($2,000.00)per residential dwelling unit in the 1. OWNER agrees to dedicate to the City a Site at the location and acreage PROPERTY as a road impact fee. Said amount as shown on the Preliminary attached hereto and into orated herein b road impact fee may be reduced in �' � y accordance with the terms of this reference as Exhibit `B", for which OWNER shall receive a park donation credit in equal Ar exationAgreement.$ amount to the park site and proposed trail system. I, OWNER shall pay all school and park land-cash fees or provide land 2. OWNER agrees to dedicate to the City orkville Community School District CitiOrdna Ordinances donor he g ty ty City Ordinances at the election of the #115 a School Site at the location and acreage amount shown on the Preliminary Plat CITY. attached hereto and incorporated by reference as Exhibit `B", for which OWNER shall receive a school site donation credit equal to the amount of the school site. 3. CITY agrees to accept ownership of and to jrlaintain the proposed-trail system—- Deleted:forever within the PROPERTY as described by Attachment"x'. - Commerrt:Attach legal description of -------------------------- prop"to be accepted Deleted:or in kind improvements 4. In order to provide for the maintenance of the Subdivision signage, common within the parks and/or construction of areas and open space, in the event the Homeowner's Association fails to so maintain, bicycle paths.¶ r OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior Comment:Section 5.1)is covered by to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have section 8. approved ordinances encumbering all residential units of said subdivision, as to common Deleted'In the event the CITY requires OWNER to oversize water mains, subdivision signage,storm water management or other common areas of the subdivision. ;,'; sanitary sewer mains storm sewer lines, or other improvements such as roads that benefit other properties,the parties shall 5. Any contributions for Land/Cash for Schools and/or Parks not satisfied by enter into a written agreement specifically land donations shall be made up with cash contributions for the difference in value. "' providing that said costs shall be I -• reimbursed by the CITY,or be the D. r---------------------------------------------------------/ subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER before OWNER is required to perform E. Upon annexation, police protection, 911 service, and library service will be any oversizing or additional road provided by the City improvements Deleted: at no charge to the OWNER 4 F. e - Deleted:The OWNER shall pay a Fire -------- -- -------------------------------------------- District Fee of One Thousand Dollars ($1,000.00)per home.One half of said G The OWNER shall fund the construction of traffic signals at the Route 126 fee($500.00 per unit)shall be due and and Penman Road intersection: 1 10% of the estimated cost of engineering the traffic payable for the first phase of the signal development in a lump sum at the time of shall be deposited to the CITY prior to Final Plat approval of any phase of the development. ++ final plat recording.The balance for 110% of the estimated cost of the entire construction of the traffic signal improvement shall `. the phases,tstageshall OWNER be p + the building permit stage. The OWNER be deposited to the CITY upon issuance of 50% of the building permits. Final construction shall pay the Library Fee of Five Hundred of the signal is subject to]DOT wan-ant and a roval of the signal. Dollars(5500.0o)perhome. One-halfof lip said fee or Two Hundred Fifty Dollars ($250.00)per unit shall be due and G. [Intentionally deleted] payable for the first phase of the development in a lump at the time of final plat recording. The balance for additional H. The CITY shall not require the OWNER to donate an land or money to the busses if permit shall be paid m the tl Y y building permit stage CITY or any other governmental body, except as otherwise expressly provided in this Comment:Need to determine timing of Agreement. this construction and include in this agreement I. Notwithstanding the provisions of this Annexation Agreement, the only fees that are due and owing the CITY are those fees set forth in Exhibit"C"attached hereto and incorporated herein by reference. 6. SECURITY INSTRUMENTS. OWNER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") on the standard forms of the City and as long as said instruments meet the CITY requirements, to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The OWNER shall have the sole discretion as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five(85%)of the value certified by the City Engineer of the completed work, so long as the balance_remaining - Deleted:oftbe completed work,so in the Security Instruments is at least equal to one hundred ten percent(110%)of the cost to long as the balance remaining complete the remaining public improvements for the applicable Phase of Development. Security for construction of perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Developmentas mutually _ - Deleted:at the sole discretion of the agreed upon by the OWNER and the CITY. The City shall determine the timing of the owNER j construction of independently phase improvements. 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS AND OFFSITE ROAD IMPROVEMENTS. The public improvements constructed as a part of the development of each phase of development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following OWNER'S completion thereof for each phase of development in compliance with the requirements of said ordinance; and the City Engineer shall make his recommendation to the City Council not later than thirty (30) days from the date of 5 OWNER'S request for approval of any public improvements. 8. OVERSIZING. In the event OWNER is required to oversize and/or deepen any water,storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER within 30 days of any other parcel of real property connecting to said improvements, for OWNER'S costs of oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event OWNER seeks said reimbursement,the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and requisite recapture ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER and including the service area effected. In the event any said oversizing is required,the CITY and OWNER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. The Recapture Agreement shall not include the cost of any OWNER oversight of construction. OWNER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. 9. AMENDMENTS TO ORDINANCES. All ordinances,regulations,and codes of the CITY, including without limitation those pertaining to subdivision controls, zoning, storm water management, drainage, and building code requirements, (so long as they do not affect the City's International Standards Organization (ISO) insurance rating), and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its development if universally applied to all property in the CITY,shall also apply to the PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes shall apply to the PROPERTY after a period of five (5) years from the date of this AGREEMENT. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of OWNER during said five(5)year period. Any Agreements,repeal, or additional regulations that are subsequently enacted by the CITY shall not be applied to the development of the PROPERTY except upon the written consent of OWNER during said five (5) year period. After said five (5) year period,the PROPERTY and its development will be subject to all ordinances,regulations and codes of the CITY in existence on or adopted after the.date of this agreement, provided, - Deleted:expiration of said five(5)year however,that the application of any such ordinance, regulation or code shall not result in a period reduction in the number of residential building lots herein approved on the Preliminary Plan for the PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures provided for herein, nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the PROPERTY pursuant to the express and specific mandate of any superior governmental authority, and 6 applicable generally within the CITY and not specifically to the PROPERTY,such ordinance or regulation shall apply to the PROPERTY and be complied with by OWNER, provided, however,that any so-called"Grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect. Furthermore, provided that the amended regulation is applicable and enforced generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible,including,without limitation,by challenging such mandate on its face or as applied to the PROPERTY in any administrative or judicial forum having jurisdiction at OWNER's sole cost. Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the CITY'S ISO insurance rating, shall be applied during said five (5)year period so as to: (i)affect the zoning classification of the PROPERTY or any Parcel or Phase thereof, (ii)affect the city's Bulk Regulations, including,but not limited to,setback,yard height,FAR and frontage requirements;(iii)affect the uses permitted under the Zoning Ordinances of the CITY specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent OWNER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the PROPERTY and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to the annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then OWNER, at its election, shall be entitled to application of such less restrictive ordinances,regulations and/or codes to the PROPERTY and any parcel or phase thereof. OWNER and all successor owners of the PROPERTY or any parcel or phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendments to the CITY'S ordinances,regulations,resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the PROPERTY or any parcel or phase thereof. In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances,codes,regulations and resolutions of the CITY. 10. RECAPTURE. See Paragraphs 5 D and 8 above. 11. FEES AND CHARGES__ _- Comment:verify these toms During the first Zive 5 years-following the date of the Agreement, the CITY shall_, - Deleted:four(4) impose upon and collect from OWNER, and their respective contractor$,_only th ose permit,___- Deleted: and suppliers impact, ap on-and-connection fees and charges, and in such-amount-or-at-such rate, as are-in__- Deleted:license, 7 effect on the date of this Agreement and as is generally applied throughout the CITY,except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "C". At the expiration of this four year term, the CITY shall give the OWNER a six (6) month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the PROPERTY, OWNER shall be entitled to construct, maintain and utilize offsite subdivision identification,marketing and location signs at such locations within the corporate limits of the CITY as OWNER may designate (individually an "Offshe Sign" and collectively the"Offsite*Signs")subject to sign permit review and issuance by the CITY. OWNER shall be responsible,at its expense,for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite sign may be illuminated subject to approval by the CITY. 13. MODEL HOMES,PRODUCTION UNITS.SALES TRAILERS. During the development and build out period of the PROPERTY(subsequent to final plat approval), OWNER, and such other persons or entities as OWNER may authorize, may construct, operate and maintain model homes and sales trailers within the PROPERTY staffed with OWNER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by the OWNER. Off-street parking shall be required for model homes when more than five(5)model homes are constructed on consecutive lots in a model home row. Three(3)off-street spaces will be required for each model home in a model home row,with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood unit,shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and uponjaroof to_the CITY the OWNER has demonstrated to the Bristol - Deleted:submission of temporary Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are hold harmlessletter operational). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation _ - Deleted:150' or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. OWNER may locate temporary sales and construction trailers upon the PROPERTY 8 during the development and build out of said property, provided any such sales trailer shall be removed within one (1) week following issuance of the last temporary permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer OWNER shall submit an exhibit of the sales trailer site with landscaping and elevations for the City's approval. OWNER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by the OWNER for development purposes.Said trailers may remain upon the PROPERTY until the issuance of the last temporary occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way or permanent easements. 15. ONSITE EASEMENTS AND MPROVEMENTS. In the event that during the development of the PROPERTY, OWNER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of OWNER's obligation for the PROPERTY in accordance with the Preliminary Plan,the CITY shall fully cooperate with the OWNER in causing the vacation and relocation of such existing easements and/or utilities,however, all costs incurred in furtherance thereof shall be borne by the OWNER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on the Preliminary Plan and in this Agreement,the CITY shall fully cooperate with the OWNER in vacating and relocating such easement and utility facilities located therein,which costs shall be borne by the OWNER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement,the OWNER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNER,the CITY agrees to be the lead agency in the relocation of those utilities. Upon the OWNER's request,the CITY will make the request to have overhead utilities relocated and will make the relocation of such utilities a CITY run project. In the event there is a cost to the OWNER associated with burying what had been overhead utility lines, the OWNER shall have the right to make the determination as to 9 whether the utility lines will be buried or re-located overhead. c----- --- --- - - Deleted:The CITY hereby grants any - necessary variances to the CITY subdivision and/or Improvement 16. MASS GRADING AND PLAN REVIEWS. ordinances as they relate to street block lengths in order to conform with the proposed Preliminary Plat.1 A. Pursuant to the existing CITY ordinances on the date of execution of this Agreement, a Soil Erosion Control Permit will be issued after preliminary plat approval to The crrY agrees to allow up or four � � p �' p pp feet(4')of bounce in any wet stormwater allow OWNER to commence earth work after the permit is issued and after OWNER posts management facility. any necessary bond for said work with the CITY prior to the commencement of said earth work. OWNER shall comply in all respects with all applicable Illinois EPA regulations and the CITY's Soil Erosion and Sediment Control Ordinance. B. The CITY shall review all grading and construction plans within 30 days of their submittal to the CITY. 17. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns including,but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 18. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the OWNER of the PROPERTY and/or future owners and/or developers of the PROPERTY. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement,the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded.Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 Attn:Mayor Copy to: CITY Attorney John J.Wyeth 800 Game Farm Road 10 Yorkville,IL 60560 OWNER: Yorkville Farms Development,LLC 16501 South Parker Road Homer Glen,IL 60491 OWNER'S James Olguin ATTORNEY: Goldstine,Skrodzki,Russian,Nemec&Hoff,Ltd. 835 McClintock Drive,Second Floor Burr Ridge,Illinois 60527-0860 Telephone(630)655-6000 Facsimile(630)655-9808 20. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement,the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 21. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement(except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning,variations and plat approvals proposed herein. 22. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER,and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER hereunder shall not be 11 deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. Terms and Conditions. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement,regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation,both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65,Sec. 5111-15.1-1,et seq.,Illinois Compiled Statutes(2002). 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 OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. E. Agreement. This Agreement, and any Exhibits or attachments hereto,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 Agreement. F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY,whether improved or unimproved. G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, and their successors or assigns,to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. H. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNER. 1. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of 12 Deeds,Kendall County,Illinois,at OWNER'S expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. M. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the city's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY,and OWNER,including,but not limited to,county,state or federal regulatory bodies. 23. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein,may be used for farming purposes,regardless of the underlying zoning. IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK RECORD OWNER: KENDALL CREEK DEVELOPMENT,LLC BY: 13 EXHIBITS EXHIBIT"A" Legal Description of Property EXHIBIT"B" Preliminary Plat EXHIBIT"C" Fee Schedule 14 United City of Yorkville Memo 800 Game Farm Road Esr ...:.. isss Yorkville, Illinois 60560 Telephone: 630-553-8545 ?� Fax: 630-553-3436 <LE Date: March 22, 2006 To: Economic Development Committee From: Travis Miller Cc: Bill Dettmer, Code Official Subject: Sign Ordinance I have prepared the following information to assist as you evaluate and consider modifying the current Sign Ordinance. Attached is a survey that will allow staff to better understand your concerns regarding the current ordinance and to identify your goals for future signs in Yorkville. Please complete and return to me by Friday March 31St if possible. I will use these comments to assist in drafting new ordinance language addressing your goals. Considerations: Sign Review Board The Sign Ordinance originally included provisions for a Sign Review Board with authority to review and make determination on any appeals and recommend action to the City Council regarding variance requests. It is my understanding this board was dissolved and this authority now rests with the Zoning Board of Appeals. In the event the sign ordinance is modified to include additional design standards, we may see an increase in appeals and variance requests that may necessitate a separate review board specialized in signage design. It may be worth considering expanding the role of the recently formulated Facade Committee to review sign requests varying from design standards. Comprehensive Plan The current Comprehensive Plan includes objectives/policies stating: • `formulate design and development standards for commercial and office facilities to promote attractive development' • `develop standards for visual quality which address...signage' The Southern Study Area includes Goal 4: `Develop a set of Design Guidelines for the City which encourage distinct, creative, quality development throughout Yorkville' Design Standards Attached are some sample design standards for discussion as well as an article published by the Smart Growth Network discussing sign control in commercial areas. March 23, 2006 Economic Development Committee Sign Ordinance Survey Completed by List what you feel are the greatest deficiencies of the current sign ordinance: Rate the most important design attributes to consider in the regulation Very Important Not Important Overall size 1 2 3 4 Height 1 2 3 4 Type of material 1 2 3 4 Color 1 2 3 4 Illumination 1 2 3 4 Other 1 2 3 4 1 2 3 4 1 2 3 4 Please return to Travis by Friday March 31 . Control Signs Y - Which street is more attractive? On which street are the signs easier to read? Which street would you prefer to see in your community? IGN CONTROL is one of the most important and unpleasant experience, not just because it is ugly but powerful actions a community can take to make because it is fatiguing. Sign clutter overloads drivers with an immediate visible improvement more information than is possible to man- in its physical environment. This is Willy Hilly clutter age. It requires great effort by the driver because almost nothing will destroy the and placement of Signs either to read it all or to block it all out, distinctive character of a community or can cause information while attempting to drive safely. region faster than uncontrolled signs and overload and billboards. This doesn't mean we don't confusion. A good sign code is pro-business, since an need signs. We do. Signs provide us with Daniel Mandelker, attractive business district will attract direction and needed information. As a Street Graphics&The Law more customers than an ugly one. More- planned, architectural feature a business over, when signs are controlled,business- sign can be colorful, decorative, even distinguished. es will do a better job of selling at less cost because when clutter is reduced, consumers actually have an easier time So why do American communities need to control signs? finding what they are looking for. The answer is obvious: too often signs are oversized, a A community should con- poorly planned, badly sider guidelines for both located, and altogether too Yestet public and private signs. numerous. What's more, H. The careful design and sign clutter is ugly, costly, + placement of traffic signs and ineffective. And it and other public signs can degrades one of the coup- - improve community try's greatest economic appearance and aid driv- assets—its scenic land- ers. A profusion of signs is scape. as confusing as a lack of them. Driving down a street clut- tered with signs is often an Sign clutter is ugly, ineffective, and expensive. BETTER MODELS FOR COMMERCIAL DEVELOPMENT 9 Lessons Learned SK, AND YOU MAY RECEIVE. Experience shows often results in an unsightly clutter of portable signs, pole that if you accept the standard "cookie-cutter" signs, plastic pennants, flapping flags, and twirling design, that's what you'll get. On the other hand, streamers all shouting for attention. Experience shows if your community insists on a customized, place-respon- that sign clutter is ugly, costly, and ineffective. Experience sive building, then that is what you'll get. The bottom line also shows that when signs are controlled, franchises do a for most chain stores is securing access to good trade better job of selling at less cost, because shoppers can areas. They evaluate locations based on their economic now find what they are looking for. When it comes to sig- potential. If they are required to address local site plan- nage, businesses want a level playing field. They can com- ning or architectural concerns, they will usually do so. pete for attention with 100-foot-tall signs or 10-foot-tall Hundreds of local communities have successfully worked signs. Either way, the burgers taste the same. with national chains and franchises to get buildings that respect local community identity. Your community can, The keys to success. National corporations and their too. local franchises are more likely to agree to design modifi- cations when: A design review process is always desirable, but even without a formal design review process, local gov- ■ Design objectives are clearly stated. The developer and ernments can establish a process of"mandatory review architects should know in advance what criteria will be and voluntary compliance." The mere act of talking about applied to the proposed project. the design of a building will almost always improve it. When coupled with design guidelines and public educa- ■ The local government offers pre-application meetings. tion, requiring developers to discuss design issues as part Misunderstandings can be avoided if the national com- of the site plan review process can go a long way toward pany is given a chance to meet informally with staff producing"corporate good neighbor" buildings. and commission members prior to submitting a formal application. Use incentives and public opinion, too. In cases where chain stores and franchises insist on placing corpo- ■ Visual design guidelines are available. Many communi- rate interest over community interest, local government ties no longer rely solely on written design standards. can use a variety of regulations and incentives to foster They have adopted visual design guides that graphical- compatibility between franchises and communities. These ly depict what constitutes a compatible design. include incentives, such as relaxed parking standards, density bonuses, and tax credits, as well as regulatory ■ Local government understands that it has leverage techniques such as limits on store size or footprint, his- whenever a building applicant requests a variance, a toric districts, design guidelines and review, conditional rezoning, or other consideration from the city or county. use permits, site plan review, corridor overlay zones, sign controls, and landscape ordinances. However, with or ■ Local groups know when to compromise. Fast food without legal tools, no community should forget the companies care a lot more about some things than oth- power of public opinion. Many of the successes featured ers. For example, they are much more adamant about here grew out of public calls for a site-specific design or having a drive-thru than they are about architectural for saving a cherished building. styles or sign heights. Control the signs. Garish, oversized signs are one of the ■ There is organized community support for historic more objectionable aspects of franchises and chains. Left preservation or urban design standards. unchecked, the "copy-cat" logic of corporate competition BETTER MODELS FOR COMMERCIAL DEVELOPMENT 15 Plan SIGN ORDINANCE Review By Plan Review Date JURISDICTION (City,County,Township,Etc.) LOCATION OF SIGN (Street Address) LOT NUMBER&SUBDIVISION (Or legal Description) ZONING DISTRICT FLOOD MAP# PROPOSED USE COPY OF PLAN WITH LOCATION OF SIGN TYPE OF SIGN FREE STANDING MOUNTED ON BUILDING POLE SIGN GROUND SIGN NEW SIGN REPLACE EXISTING SIGN DIMENSION OF SIGN HEIGHT OF SIGN SIGN PERMIT APPLICATION FILLED OUT OTHER INFORMATION ZONING BOARD APPROVAL REQUIRED? CORRECTION LIST F SIGN REGULATIONS FIGURE 1003.1(1) THE PIZZA HOUSE BANK� DRIVE IN ► NM STATE �STTY MONUMENT OR BLADE PYLON POLE GROUND OR LOW PROFILE COMMON FREESTANDING SIGN TYPES li 1� Shoe shoppe Cameras Deli Corner MusicLand Clothing C 4j d� WALL OR FASCIA SIGNS ON STOREFRONTS ALL G AMERICAN •ORGOODS �1 ROOF SIGN 0 Mfr !!i! PROJECTING j SIGN CANOPY SIGN ON FREESTANDING CANOPY ii FIGURE 1003.1(1) GENERAL SIGN TYPES _ 32 'ia FIGURE 1003.1(2) SIGN REGULATIONS MAIN ROOF SIT ROOF SIGN SLOPING ROOF MOUNT z SIDE ELEVATION H Cn FLAT ROOF w MOUNT 0 Q �' SIGN ROOF SIGN �+ MAIN ROOF CANOPY MOUNT MAIN ROOF SIGN NOT ROOF SIGN CANOPY SIDE ELEVATION z 0 P U MANSARD 0. MAIN ROOF SIGN NOT ROOF SIGN a MANSARD MOUNT i L� SIDE ELEVATION O o Wz PENT EAVE MOUNT V) MAIN ROOF V H NOT ROOF SIGN SrD�i�v _ w f a 4, �3en—•k k,+q 0 SIGN REGULATIONS FIGURE 1003.1(3) U If' u' Ii SIGN STRUCTURES SIGN STRUCTURE SIGN STRUCTURE j WITH ROUTED WITH INDIVIDUAL I' AREA OF SIGN SURFACE COPY APPLIED GRAPHIC AND LETTERS. COMPUTE SUM V OF AREA REVEAL AROUND ELEMENTS. fl, t� Notes:Sum of shaded areas only represents sign area.Sign constructed with panels or cabinets. FIGURE 1003.1(3) lil SIGN AREA—COMPUTATION METHODOLOGY ii 34 �'' SIGN REGULATIONS FIGURE 1003.1(4) ' COMPUTE AREA AROUND COPY ELEMENTS ONLY. COMPUTE AREA INSIDE DEFINED , BORDER OR INSIDE CONTRASTING COLOR AREA. COMPUTE SUM OF AREAS OF INDIVIDUAL ELEMENTS ON WALL OR STRUCTURE , IN COMPUTING AREA FOR UPPER } AND LOWER CASE LETTERING, INCLUDE ASCENDERS OR DESCENDERS,BUT NOT BOTH. CALCULATE SUPER ASCENDERS SEPARATELY AS INDICATED. _! jg { - p� 8 N' Dance"purposes.Signs consisting of individual letters,elements or logos laced on building walls Notes:Sum of shaded areas qStiP P� 8n B B P 8 or structures. '�I I' a RE�J 003:4 rt � , M ON'M� ..ODO�OGY , . Table 1. Signs Located 100 Feet or Less from a Residential Zoning District Zoning SIGN STRUCTURAL TYPE District In Street Which Classification FREESTANDING WALL ROOF CANOPY PROJECTING AWNING WD=w TEMPORARY Sign Is I I I I I I Located Area Height PERCENTAGE(%)OF SIGN DISPLAY AREA(MAX MUM) (SQFT) (FEET) AG, Local or LDR, 25 6 20% Collector MDR, NM Arterial 35 15 20% HDR -P Local or Collector 30 6 30% 30% 30% 16 sQFr 15% 40% P CBC Co Arterial 50 15 30% 30% 30% 16 sQFT 15% 40% P NC, Local or 40 10 30% 30% 30% 16 sQFr 15% 40% 1, HC, Collector CBC Arterial 50 15 30% 30% 30% 16 sQFr 15% 40% P Local or Collector 40 10 40% 40% 40% s 15% 40% P Arterial 50 15 40% 40% 40% 15% 40% P Where,P=Permitted. Consult regulations for Temporary Sips for specific maximum area requirements. Table 2. Signs Located More Than 100 Feet from a Residential Zoning District Zoning SIGN STRUCTURAL TYPE District in Street Which Classification FREESTANDING WAII. Rool I C.. I PROJECTING WINDOW T..-o. Sign is Area Height Located (SQFI') (FEET) PERCENTAGE(0/6)OF SIGN DISPLAY AREA(MAXBfUM) Local or 35 6 50% 50% 50% 15% 40% P Collector NC N Arterial 50 15 50% 50% 50%, . ...... 15% 40% P Local or 35 6 50% 50% 50% 16 sQFr 15% 40% P CBC Collector I I Arterial 50 15 50% 50% 50% 16 sQFr 15% 40% P Local or Collector 50 15 50% 50% 50% eR! 15% 40% P HC Arterial 75 15 50% 50% 50% 15% 40% P Local or Collector 40 15 40% 40% 40% 15% 40% P 50 15 40% 40 15% 40% P Arterial 40% Where,P=Permitted. Consult regulations for Temporary Signs for maximum area requirements. t STRUCTURAL TYPE FUNCTION AL TYPE Awning Canopy Free- Portable Projecting Roof Wall Window standing ADVERTISING 3, sy z BUSINESS X X DEVELOPMENT W i Y GRAND OPENING X X z E, 4 IDENTIFICATION X X X X MESSAGE BOARDx � H REAL ESTATE 2 x TEMPERATURE X X �' `= X X y ` _ F C, /a STATE OF ILLINOIS COUNTY OF KENDALL AN ORDINANCE PROVEDLYG FOR' 'REGULATION OF SIGNS AND REVQMG ALL PRIOR SIGN ORDINANCES IN=T p=p CTIY OF TOE VILLAGE OF YORKVTLLE 1998-� WHEREAS THE UNITED CITY OF THE VILLAGE OF YORKVILLE IS in need of an Ordinance regulating the use of Signage in the CITY OF YORKVILLE; and WHEREAS TTE UNITED CITY OF VILLAGE OF YORKVILLE by and through its Mayor and City Council deem it to be in the best,interest of the CITY OF YORKVILLE to enact such an Ordinance: NOW THEREFORE TTY UNITED CITY OF THE VILLAGE OF YORKVI LE'acts as follows: a That all signage from this day forward shall conform with this Ordinance in all respects. All heretofore existing sign regulation ordinances enacted by = UNITED CITY OF THE VILLAGE OF YORKVILLE are hereby revoked to the extent that prior Ordinances effecting permit fees shall remain in full force and effect. II DFFnyITIONS A. BANNER Any sign of lightweight fabric or similar material that is displayed on a pole or a building. national flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. B. CORNER LOT—A lot with property lines of two (2)streets bisecting on an angle. C. FACADE—The face or wall of a building as it is presented to view; the apparent width and/or height of a building as viewed from streets, driveways, and parking lots. Minor changes in wall elevations do not constitute the creation of additional facades. D. FLAG—A fabric or bunting containing distinctive colors, patterns, or symbols used as a symbol of a government, political subdivision, or other entity. .E. MESSAGE BOARD—A panel which uses changing and/or flashing lights to electronically communicate copy. A panel with lights flashing time and temperature only is not a message board. F. PENNANT--Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope,wire, or string. G. SIGN—Any structure, vehicle, device, or any part thereof, intended to be seen by persons in the public right-of-way which 1. Shall be used to identify, advertise, or attract attention to any • object • product • place • activity person • institution • organization • firm . • o oup • commodity • profession • enterprise • industry • business 2. Shall display or is intended to display or include any • letter • word •. model • number • banner • flag pennant • insignia • device . • representation used as announcement, direction, or advertisement, and which is intended to be seen by persons in the public right-of-way. The definition of"sign"shall not, however, be interpreted as prohibiting any structure, vehicle, device, or any part thereof used for the purpose of disseminating political, economic, social, or philosophical ideas entitled to constitutional protection as non- commercial speech. In any instance where this ordinance would prohibit any such activity, the conditions of this ordinance shall be interpreted as permitting the utilization of a sign to express such non-commercial speech subject to such other limitations as are included in this ordinance. 3. Sign types are defined as follows: a) Animated Sign—Any sign that uses movement or change of lighting to depict action or create a special effect or scene. b) Business Sign--A sign which directs attention to a business, commodity, service activity, idea, slogan, or entertainment conducted, sold, offered, or available upon the premises where such sign is located or to which it is affixed. c) Canopy—Any sign that is part of, or attached to, an awning, canopy, or the fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy. d) Commercial Sign or Sign of Commercial Nature—Any sign,the content of which advertises or publicizes any business, commodity, service, activity, idea, slogan, or entertainment conducted, sold, offered, or available by a person, corporation, or entity which has as its goal or effect the distribution of profits to the owners of the advertising enterprise. e) Freestanding Sign—Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. f) Ground Sign—A permanent sign which is supported by uprights or braces securely anchored in the ground, with no more than two (2) feet,of clear space between the bottom of the face of the sign and the grade beneath the sign face. g) Identification Sign—A sign used to display and identify the name of the individual, business, profession, organization, or institution occupying the premise upon which sign is located. h) Inflatable Sign---A sign inflated with air or helium, such as a balloon. i) Marquee Sign—A sign attached to any permanent roof-like structure of rigid materials supported by and extending from the facade of a building. j) Permanent Sign—Any sign which is not a temporary sign, and which is designed to be in compliance,with the currently-adopted BOCA Basic Building Code. k) Pole Sign—Any business sign having a supporting structure with a size less than 25 percent of the two (2) feet of clear.-space between the bottom of the face of the sign and the grade beneath the sign face. 1) Portable Sign—Any sign not permanently attached- to the ground or other permanent structure, or a sign designed to be transported, including but not limited to, signs designed to be transported by trailer or means of wheels, menu and sandwich board signs, or balloons used as signs. m) Projecting Sign—Any sign affixed to a•building or wall in such a manner that its leading edge extends more than twelve inches beyond the surface of such building or wall. n) Residential Development Sign—A permanent ground sign placed at the major entrances to and identifying a residential development. o) Real Estate Sign—A temporary business sign placed upon a property advertising that particular property for sale, rent, or lease. p) Roof Sign—Any sign erected or constructed wholly on and over the roof of a building and supported by the roof structure. q) Temporary Sign—A sign intended to be displayed a limited length of time, as per Section and is not permanently.mounted. r) Vehicle Sign--Any vehicle primarily situated to serve as a sign rather than as transportation. An automobile, van, or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for normal business operation or for employee transportation is not a vehicle sign. s) FYQII Sign—Any sign attached parallel to, but within twelve inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which only sign surface. t) T7indow Sign—Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass'and is visible from the exterior of the window. H. Street Frontage—The distance for which a lot line of a zoned lot adjoins a public street, from one Iot line intersecting said street to the furthest-distant lot line-intersecting the same street. M PROHIBITED SIGNS A. Billboards, i.e., those structures over 150 square feet used for attracting public attention for the purpose of advertising a location/product that may/may not be Iocated within or available within the jurisdiction. B. Advertising signs (NOTE: This prohibition relates to residential and commercial zoning districts and commercial signs only). C. Moving, rotating, or animated signs, except traditional barber poles not exceeding two (2) feet in height and projecting not more than twelve (12) inches from the building, utilized only to identify a hair cutting establishment In authorizing the lattei exemption, the corporate authorities find it in the public interest to retain this historic symbol of American commerce. D. Searchlights, except searchlights permitted for grand openings or special business events with temporary permits. E. Flashing signs and message boards (except that time and/or temperature signs). F. Free standing panels or flags used to advertise products, prices, and services, or to attract attention. G. Illumination which is not steady and constant. H. Windows painted in excess of fifty(50)percent. I. Roof signs. J. Vehicle signs. K Pennants. - IV PFRMiTTFD SIGNS A. ALL DISTRICTS Unless otherwise stated, signs listed in Section A are permitted in all zones and shall not require a sign permit Such signs shall not be counted when calculating the nuizfber, of signs or signage-square-footage on a premise. However, such signs shall conform with the general regulations, e.g., height, area, setback, clearance, etc., for signs enumerated in the•remainder of this ordinance. 1. Name and address plates which give only the name and address of the resident of the building. 2. Memorial signs or tablets and signs denoting the date of erection of buildings. 3. No trespassing signs or other such signs regulating the use of a property. 4. Real estate signs. 5. Signs regulating on-premise traffic and parking, and signs denoting section of a building such as lavatory facilities and public telephone areas. Signs.must conform to the state uniform sign code. 6. Signs erected by a governmental body or under the direction of such a body, and bearing no commercial advertising, such as traffic signs, railroad crossing signs, safety signs, and signs identifying public schools and playgrounds. Signs must conform to the state uniform sign code. 7. Signs identifying places of worship when located on the premises thereof. 8. Bulletin boards for public, charitable, or religious institutions if used exclusively for noncommercial announcements. 9. The flag, pennant, or insignia of any government, or of any religious charitable, or fraternal organization. 10. One logo flag of a company shall be allowed provided that it is flown with the. American flag and shall not be larger than that flag. 11. Temporary signs advertising the sale of edible farm products on the premises, advertising auctions, political candidates, or special events of businesses or charitable/public service groups. Such signage must be removed by close of business of the day the temporary sign permit expires. 12. Garage sale signs may be placed at the curbs in Residential Districts. Only one sign per street frontage per event is permitted. Such signage may only be placed on the property upon which the sale is conducted only for the duration of the sale. 13. Window signs of paper or similar material shall be allowed in Business Districts, provided that.such signs are to.be used to notify the public of special sales or current prices, business hours and/or health regulations: 14. Signs advertising company or group engaged in on-site construction or rehabilitation may remain for the duration of such work. 15. Temporary signs advertising City-sanctioned special events as approved:,by,the Code Official. Such signage must be removed by close of business of the day the temporary sign permit expires. , B. PERIYIIT'TED SIGNS—RESIDENTIAL.DISTRICTS 1. Nameplates and identification signs,subject to the following: a) For one- and two-family dwellings, there shall be not more than one (1) nameplate for each.dwelling unit, indicating the name and address of occupant or a permitted occupation, except that on a corner lot two (2) such nameplates for each dwelling unit, one (1) facing each side of the street shall be permitted. b) For multiple-family dwellings, for apartment hotels, and for buildings other than dwellings, a single identification sign indicating only the name and address of the building and the name of the management thereof may be displayed provided that on a corner lot two (2) such signs, one(1)facing each street, shall be permitted. c) Identification signs for non-residential uses, e.g., public and quasi-public buildings,.churches, cemeteries, golf courses, private nonprofit recreational areas, provided that such signs are limited to one sign per building. Permanent sign permit is required. d) Permanent residential development signs at entrances to a residential development or residential planned unit development and containing no commercial advertising. constructed of material which is the same or of a more permanent nature than the material used in the buildings. A permanent sign permit is required for each sign. e) Temporary residential marketing signs at major entrances to planned unit developments or residential subdivisions. Temporary sign permits and approvals by the sign review board are required. Such signage must be removed by close of business of the day the temporary sign permit expires. In determining the number, location, and duration of such signs, the Code Official shall consider the following factors: i) Location of the development, ii) Size of the development iii) Visibility the sign will.achieve at the particular entrances at which signage is. sought: • iv) Proximity of existing and proposed residences; v) Size of the proposed signage, both w}th regard to individual signs and with total signage requested. 2. Temporary residential'off-site marketing signs shall be allowed at not more than four . (4) off-site locations within the City of Yorkville to call attention and give directions to the development. Each sign may be located in any zoning district, provided that . there is one-quarter (1/4) mile separation from each other, and that no such sign shall be closer to an existing residence than one hundred (100) feet. A temporary sign permit is required for each sign and such signage must be removed by close of business of the day the temporary sign permit expires. C. PERMITTED SIGNS—BUSINESS DISTRICTS 1. All signs permitted in residential districts. - I 2. Ground or Pole Signs—One (1) per street frontage, not to exceed one hundred (100) square feet in area, with a height (measured from average ground level) not to exceed six (6) feet for a ground sign or twenty.(20) feet for a pole sign. A permanent sign permit is required for each sign. 3. Wall signs—A permanent sign permit is required for each sign. a) Single-use buildings---two. (2) signs per facade, but not to exceed a total of four (4)such signs. b) Multi-tenant buildings—one (1) sign per individual business or enterprise, two (2) signs per comer unit, one on each facade. A wall sign may be placed on any face of a building oriented to a public street, the main parking lot of the parcel, or a major access road. ' 4 D. PER112[TTED SIGNS—A AN ACTURING DISTRICTS 1. All signs permitted in residential districts and business districts. 2. Ground or Pole Signs—One (1) per street frontage, not to exceed one hundred (100) square feet in area, with a height (measured from average ground level) not to exceed six (6) feet for a ground sign or twenty (20) feet for a pole sign. A permanent sign permit is fequired for each sign. 3. Wall Signs—Wall signs are limited to an area equal to ten (10) percent of the facade area upon which the sign is to be mounted. A permanent sign permit is required for each sign. 4. Real estate signs as follows: a) One (1)sip per street frontage. b) Sign area cannot exceed twenty (20) square feet per face-for each one (1) acre of contiguous land area,not to exceed a maximum of four hundred(400) square feet of area per sign face and ten (10) feet in height. A temporary sign permit is required for each sign. Such signage must be removed by close of business of the day the temporary sign permit expires. V NONCONFORMUG SIGNS A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless, be completed in accordance with the approved plans, provided construction of the sign is started within ninety(90) days after the passage of the ordinance amendment and is completed within sixty (60) days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6) months,-or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not after being discontinued or abandoned, be re-established, and the sign hereafter shall be in conformity with the regulations of this ordinance. C. Normal maintenance of a nonconforming sign is permitted, including necessary nonstructural repairs or incidental alternations which do not extend or intensify- the nonconforming features of the sign. D. No structural alteration, enlargement, or extension shall be made in a nonconforming sign, except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty (50) percent or more of its replacement value at the time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this ordinance. In the event the damage or destruction is less than fifty(50) percent of its replacement value based upon prevailing costs, the sign may then be restored to its original conditions and the use may be continued which existed at the time such partial destruction until the nonconforming sign is otherwise abated by the provisions of this ordinance. In either event, restoration or repair must be started within a period of thirty (30) days from the date of damage or destruction, and completed within sixty(60) days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six(6) months from the date of passage of this ordinance. New temporary signs shall be allowed only in conformance with the provisions contained in this ordinance. Such signage must be removed by close of business of the day the temporary sign permit expires. G. The•Code Official shall, after passage of this sign ordinance, notify each owner of a nonconforming sign, and the manner in which such sign is not in compliance with this ordinance. The Code Official shall further notify each owner of a nonconforming sign that such sign must either be brought into compliance with this ordinance or be removed. V 1-1 ,13YMATION OF SIGNS The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct rays reflecting into the public way or any lot on the perimeter of the premises on ' which the signs are located. Exposed light bulbs, neon tubing, flashing, blinking, traveling, and similar illumination, including illuminated canopies, are not permitted. Va !COMPUTATIONS OF SIGNAGE A. Computation of Area of Individual Signs The area of the sign face, which is also the sign area of a wall sign or other sign with only one face, shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting framework, bracing, or decorative fence or. wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A double-faced sign shall count as a single sign.' B. Computation of Heights The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or grade of the land at the principal entrance to the principal structure on the zoned lot,whichever is lower. C. Computation of Nfaximum Total Permitted Sign Area for a Zoned Lot The permitted sum of the area of all individual signs on a zoned lot shall be the total square foot area of all signs erected or maintained upon a building or lot of record not exceed two (2) square feet for each linear foot of frontage of building thereon. Buildings having frontage on more than one dedicated street will be allowed.signage for frontage on each street in.accordance with the above formula. The above signs are limited to an area equal to ten percent (10%) of the facade upon which the sign is to be mounted. D. Signs shall not exceed the sizes shown in Table I. . Table I - TYPE OF SIGN MA X affim SIZE Advertising signs and poster panels: Bulletin boards for public, charitable, 32 square feet or religious institutions Garage sale .6 square feet Ground or pole signs 100 square feet or 6 feet in height (Ground sign-Business District) 100 square feet or 20 feet in height. (Pole sign-Business District) (Ground/Pole sign-Manufacturing District) Memorial signs or tablets and signs denoting 5 square feet the date of erection of buildings Name and address plates One- and two-family dwellings 1 1/2 square feet Multiple-family dwellings 9 square feet Non-residential uses 32 square feet and 6 feet in height* *(Height applicable to ground sign.) No trespassing signs 2 square feet(Residential Districts) 6 square feet(Commercial, Office and Industrial Districts) Real estate signs: Residential real estate(individual) 6 square feet Residential marketing(development) 64 square feet or 10 feet in Height Temporary residential off-site marketing 32 square feet and total of 10 feet in height Manufacturing and business marketing 64 square feet and 10 feet in height Signs advertising company or group engaged 6 square feet in on-site construction or rehabilitation Signs regulating on-premises traffic and 6 square feet parking or sections of buildings Temporary signs/Temporary portable signs 32 square feet Wall signs 10% of facade area(Manufacturing District) Window signs for business hours/health 4 square feet regulations Window signs of paper for special 50 percent of total window area sales/current prices PLACEMENT OF SIGNS A. On Lots--Signs shall be placed no closer than five (5) feet to any lot line. Gasoline'prices,, one per street frontage, not to exceed twenty-four (24) square feet, may be placed within one (1) foot of the lot line where it does not obstruct the view of traffic nor exceed fifteen (15) feet in height when mounted on light standards. B. On Corner Lots—Within that part of a yard or open area of a comer lot included within a triangular area of twenty-five (25) feet from the point of intersection of two (2) street right-of-way lines forming such a corner lot, no sign shall be'-constructed having a height of- more than thirty(30) inches or as required to provide necessary sight distance. PERMITTING PROCED=S A. PERMITS FOR PERMANENT SIGNS Permits to build new permanent signs or to alter or move existing permanent signs: 1. No permanent sign shall hereafter be erected, altered, or moved -until the person proposing to erect, alter, or move such sign shall have obtained a permit from the Code Official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this ordinance, or upon appeal of the Code Official's determination, has received approval from the Sign Review Board. The fee for granting such a permit shall be established by City Council. The schedule of fees shall be posted in the City offices and may be amended only by the City Council. 2. Any person desiring a permit for a permanent sign shall file a permit application which shall contain or have attached thereto the following information: a. Name, address, and telephone number of the applicant. b. Name(s) of the person, firm, corporation, or association erecting, altering, or moving said sign. c. A plat of survey, or a plan acceptable to the Code Official,that shows the location of the building, structure, or Iot to which the sign is to be attached or erected, and showing the position of the sign in relation to nearby buildings and thoroughfares. d. A plan drawn to scale showing the design of the sign, materials used, and the method of construction and means of attachment to the building or ground. e. Written consent of the owner of the Iand on which the sign is to be erected, altered, or relocated. f. Any other information necessary for the Code Official to determine full compliance with this and all other applicable City ordinances. B. PERMITS FOR TEMPORARY SIGNS - 1. All temporary signs, except those enumerated in Section IV. A., shall have a permit. Possession of a valid permit for a temporary sign shall entitle the owner to display such sign for the time period specified thereon. Permits for temporary signs must be kept on the premises where signs are displayed. 2. Permit applications for a temporary sign shall be made on the permit application form provided by the Code Official. The fees for granting such permits shall be established by the City Council. The schedule of fees shall be posted in the City Administrative. Offices, and may be amended only by the City Council. 3. Duration of temporary signs shall not exceed the time shown .in. Table II. Any temporary sign must be removed by close of business of the day the temporary sign permit expires. Table If Lv2e ofTemnora ian Maximum Duration Advertising a special sale 14 days, 3 times per year Banners 14 days, 6 times per year Commercial or industrial real estate signs 6 months,renewable on a 6-month basis Inflatable balloons 72 hours (for grand openings only) Residential marketing signs 5 days after premise or lot advertised has been sold, rented, or leased Searchlights 72 hours(for grand openings only) Special Business Events 14 days, 3 times per year SIGN REMW BOARD A. Appointment—A Sign Review Board is hereby established which shall consist of five (5) members, to be appointed by the Mayor with consent of City Council, one of whom shall be designated by the Mayor as Chairpei-son. B. Terms—The Sign Review Board Members shalt be appointed for a term of four(4) years, or until their respective successors are appointed, and qualified; except that of the initially appointed Review Board, one (1) member shall serve for one (1) year, one (1) member for two (2)years, two (2)members for three(3)years, and one (1)member for four(4)years. C Qualification of Members At least two (2) members shall be businesspersons who each has not less than three(3)years experience as a businessperson in the City of Yorkville and* shall maintain such status; and three (3) members shall be appointed at large. Members appointed to fill vacancies shall have the same general qualifications required for. their predecessors. . D. Meetings—Meetings of the Sign Review Board shall be held at the call of the Chairman, or as prescribed by its rules. Three(3)members shall constitute a quorum. E. Rules and Records—The Sign Review Board shall adopt its own rules and regulations and . keep minutes of its meetings. F. Authority—The Sign Review Board shall have the duty or power to: 1. Review and make a determination on any appeals to any order, requirement, decision, or determination made by the Code Official in the enforcement of this article. 2. Review all applications for variances to this ordinance, conduct any necessary public hearings, and recommend action to the City Council. 3. Administer oaths to persons testifying at such public hearings deemed necessary for F.2., above. VARIATIONS A. Right to Appeal for Variation. Any person found in violation of this ordinance by any decision of the Code Official may take an appeal from the decisions or apply for a variation from the requirements of this ordinance to the Sign Review Board. Applications for variations may also be made in the absence of a finding of violation. B. Time for Filing Appeal or Application. The appellant or applicant must file with the Code Official no later than thirty (30) days after receiving notice of such violation, a Notice of Appeal or Application for Variation, directed to the Sign Review Board, specifying the ground thereof and relief sought C. Right to Public Hearing. The Sign Review Board shall grant to each appellant or applicant a public hearing. 1. Date of Hearin—The Sign Review Board shall, within thirty (30) days after the date of filing of the appeal or application, set a date for the hearing, and have published a notice of said public hearing. 2. Notice of Hearin?The Sign Review Board shall give not less than fifteen (15) nor more than thirty(30) days notice of the hearing. Such notice shall contain the address . of the property in question, the owner of the property and the nature of the application or appeal. A copy of the notice shall be mailed to the appellant or applicant, and also the complainant if the hearing arises from the complaint of a person other than the Code Official. D. Continuances. The Sign Review Board may, in its discretion, grant continuances, and shall notify the appellant or applicant and any compl_inant with respect to the appeal or - :ipplication, or any continuance. _ E. Sign Review Board's Decision. After hearing an appeal, the Sign Review Board shall affirm, modify, or reverse the decision of the Code Official or order him/her to act; after hearing an application for variation, the Sign Review Board•shall grant or deny the relief applied for or shall grant such other relief as.it deems proper. The decision will be referred' to the City Council for final approval. F. The Sign Review Board shall require from the applicants such sketches, drawings, or photographs as shall be necessary to indicate the present condition of the property or sign and the condition of the property or sign after the variation is granted. The Sign Review Board may impose reasonable restrictions or conditions which the applicant shall be required to observe if the variance is granted. In considering the application for variance, the Sign Review Board shall consider any unique physical property of the land involved, the available locations for adequate signing on the property, the effect of the proposed sign on pedestrian and motor traffic, the cost to the applicant of complying with the sign ordinance as opposed to the detriment, if any, to the public from the granting of the variance and general intent of the sign ordinance. 2 N =LTANCE A. The owner of a sign and the owner of the premises on which said sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards: 1. Signs shall be maintained in a neat and orderly condition and good working order, including illumination sources, at all times. ' 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent iust or deterioration. 3. Signs shall conform to maintenance provisions of the Building and Electrical Codes as adopted by the City of Yorkville. A'BANDON'ED SIGNS A. Except as otherwise provided in this Ordinance, any temporary sign installed for period of thirty (3 0) days or more, or any sign which pertains to a time, event, or purpose:which no, longer applies, shall be removed. B. Permanent signs applicable to a business suspended because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty(3 0) days. V REMOVAL OF SIGNS Any sign found to be improperly maintained, abandoned, or otherwise in violation of this ordinance which is not removed or repaired within thirty(3 0) days of written notice of the Code Official may by removed or-repaired at the order of the Code Official . Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. PASSED AND ENACTED THIS // — AY OF 998- , . . 4MA LERK Y OR Law Office of - Daniel I Kramer 1107A. S.Bridge St. Yorkville, IL 60560 (630) 553-9500 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No.2005-\-6, ORDINANCE AMENDING CITY CODE SECTION 8-11-9113 REGARDING THE LENGTH OF PERMITTED TIME TO DISPLAY INFLATABLE BALLOONS AS SIGNS FOR GRAND OPENINGS Whereas the United City of Yorkville has taken up, discussed and considered amending it's ordinance regarding the duration of temporary sign permits specifically "inflatable balloons" as signs, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Section 8-11-9B3 by increasing the duration for the display of Inflatable Balloons (for grand openings, only) from"72 hours"to "14 days"as depicted on the attached Exhibit "A". NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting,that Section 8-11-9B3 of the City Code of the United City of Yorkville is hereby amended by increasing the length of time for the duration for Inflatable Balloons from 72 hours to 14 days, as depicted on the attached Exhibit"A" WANDA OHARE lJ JOSEPH BESCO VALERIE BURR � PAUL JAMES LARRY KOT MARTY MiJNNS ROSE SPEARS � RICHARD STICKA Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this aZ)� Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 e Section 8-11-9133 Duration of temporary signs shall not exceed the time shown in table II of this section. Any temporary sign must be removed by close of business of the day the temporary sign permit expires. TABLE II Type Of Temporary Sign Maximum Duration Advertising a special sale 14 days, 3 times per year Banners 14 days, 6 times per year Commercial or industrial real 6 months, renewable on a 6 month basis estate signs Inflatable balloons 14 days (for grand openings only) Residential marketing signs 5 days after premises or lot advertised has been sold, rented, or leased Searchlights 72 hours (for grand openings only) Special business events 14 days, 3 time per year Fl ♦0 C/ry Reviewed By: Legal ❑ City Council EST. 1836 Finance ❑ Engineer ❑ y City Administrator El Agenda Item Tracking Number Consultant ❑ Etc c;�-� " l a <LE F-1 City Council Agenda Item Summary Memo Title: Zoning Ordinance—Chapter 13 Planned Unit Development Recommended Modification City Council/COW/Committee Agenda Date: April 27, 2006 Synopsis: Recommended revision would process PUD requests as a Zone Map Amendment, allow petitioner entitlement of unit count and density at concept level, and allow staff to better administer/track PUDs 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 sm Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 �2 <LE 1�'�• Date: April 13,2006 To: EDC From: Travis Miller, Community Development Director Subject: PUD Ordinance Recommended Modifications The Plan Commission conducted a public hearing April 12,2006 regarding the recommended PUD Ordinance modifications and unanimously moved to forward a favorable recommendation to City Council to approve the recommended Zoning Ordinance text amendment. Purpose of recommended modifications Timing and Expense for petitioner: The current PUD Ordinance requires the petitioner to complete a preliminary plan which includes preliminary engineering,preliminary landscape plans and photometrics, all involving considerable time and expense in preparation without any approval or entitlement resulting in somewhat of a hardship for petitioners who choose to request a PUD. PUD should be unique: Furthermore,the current ordinance merely provides a tool for applicants to request several variances and special approvals without necessarily providing the City with any benefits in return. A PUD should provide attributes in excess of conventional zoning and the ordinance should describe what these attributes should generally address such as special architectural standards, incorporating natural or historically significant site elements or providing a mix of land uses not allowable with conventional zoning. Administration/Record Keeping: With the exception of Agriculture,the current zoning provisions allow PUDs as a Special Use in all of the existing zoning classifications. By administering a PUD as a Special Use,the underlying zoning is reflected on the City's Zoning Map without a method to easily identify which areas are governed by a PUD without researching each property. By establishing a PUD zoning classification in the ordinance,the City can more easily administer development projects by depicting the areas as such on the zoning map and codifying each to correspond to the PUD Concept Plan on file describing the allowable uses and restrictions within the PUD. Recommendations: Attached is Zoning Ordinance 10-13 Planned Unit Development Ordinance with recommendations incorporated to text. New text is highlighted and text to remove is Stmek As you will note during your review, additional language has been recommended to describe the Purpose of the PUD including a clear statement explaining that a PUD should provide value to the City over and above a conventional zoning district and lists attributes that shall generally be provided. The changes to procedures for reviewing and approving a PUD are recommended to allow for the Concept Plan to become, essentially, the zoning map for the subject property. This recommendation requires two public hearings and additional review by the Plan Council during the Concept Plan stage and includes procedures similar to zoning amendments. Draft Revised 04/13/06 COUNTY OF KENDALL ) ) ss STATE OF ILLINOIS ) ORDINANCE NO. AN ORDINANCE ADOPTING THE REVISED PLANNED UNIT DEVELOPMENT ORDINANCE IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SECTION: 10-13-1: Purpose 10-13-2: Procedure 10-13-3: Delineation on Zoning Map 10-13-4: Pre-Application Conference 10-13-5: Concept PUD Plan and Amendment of Zone Classification to Planned Unit Development 10-13-6: Preliminary PUD Plan 10-13-7: Development Standards 10-13-8: Fees 10-13-9: Severability 10-13-10: Repeal of Conflicting Ordinances 10-13-11: Effective Date 10-13-1: PURPOSE: The purpose of this Ordinance is to provide for an alternative zoning procedure for innovative developments that provide value to the community over the conventional zoning district and which is consistent with the Comprehensive Plan and intent of the zoning ordinance. Planned Unit Developments (PUD) are intended to encourage the most imaginative and best possible design of building forms and site planning for tracts of land where unitary plans would best adapt to topographic and other natural features of such sites. Under this procedure, well planned residential, industrial, commercial and other types of land use, individually or in combination, may be developed with design flexibility. Planned developments must be environmentally compatible. They should have a more beneficial effect upon the health, safety and general welfare of the people of the 1 Draft Revised 04/13/06 city and particularly, in the immediate surroundings, than developments built in conformity with standard district regulations. of iRteRsifying the use Af land If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD then the amount of open space, retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The Planned Unit Development district shall generally provide attributes in excess of conventional City Zoning, Building and other land use requirements by (this list being representative and not exhaustive): a. Providing a maximum choice of living environments by allowing a variety of housing and building types; b. Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; c. Promoting a more useful pattern of open space and recreation areas incorporated as part of the project and that is compatible with the immediate vicinity; d. Utilizing materials and design of buildings, signs and the site that provide for a unified theme throughout the development; e. Providing substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping (in terms of size of landscape areas and quantity and quality of landscape materials)within the developed portions of the site; f. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of materials, signage and design. Generic corporate architecture and big box designs are strongly discouraged but not prohibited. Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; g. Retain, utilize and incorporate historic features on the project site into the overall project design if physically and economically feasible; and/or h. Provide a consistent signage theme. The use of signage design guidelines is required for multi-phased projects. 10-13-2: PROCEDURE: Because a PUD is a rezoning, the public hearing and findings of fact shall follow the procedure as outlined within Zoning Ordinance 10-14-7 as well as those 2 Draft Revised 04/13/06 outlined below. In the event of a conflict, these procedures will control. The approval process includes the following stages: A.Pre-application conference. B.Concept PUD plan and Zone Map Amendment. C.Preliminary PUD plan. 10-13-3: DELINEATION ON ZONING MAP: Approved planned unit developments shall be delineated and designated PUD and by number on the zoning district map. A file, available for inspection by the public, shall be maintained by the zoning officer for each planned development so designated. The file shall contain a record of the approved development plan and all exceptions authorized therein. fellew+ag-stages= A-RFe-applisatieR 949RGeptplaR 10-13-4: PRE-APPLICATION CONFERENCE: A.Purpose: The purpose of the pre-application conference is to provide advice and assistance to the applicant before preparation of the concept plan eF so that the applicant may receive input on: 1. Whether the proposed planned unit development will be in conformity with the comprehensive plan and the goals and the policies of the city of Yorkville. 2. Whether the zoning classification of planned unit development is appropriate for the development. B.Procedure: Prior to filing an application for approval of a planned unit development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal preapplication meeting with city staff and its consultants. The preapplication conference shall be held with staff. At such conference the applicant shall provide information as to the location of the proposed planned unit development, the land use types and approximate area of proposed land uses, a list of any and all exceptions to the zoning ordinance and subdivision regulations; and other information necessary to clearly explain the planned unit development. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and 3 Draft Revised 04/13/06 advise the applicant on the information, documents, exhibits, and drawings on the proposal that should be included in the application to the city for a planned unit development. 10-13-5: CONCEPT PUD PLAN AND AMENDMENT OF ZONE CLASSIFICATION TO PLANNED UNIT DEVELOPMENT: A. Purpose: The presentation of the concept plan and requesting an amendment to the zone map is the first step in the planned unit development process. The purpose of the concept plan is to enable the applicant to obtain the epiAieas aad-recommendations of the city staff, park board (residential developments only) and plan commission and city council approval of concept, density and dwelling unit number prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than thirty (30) days before the next available park board planning meeting or plan commission meeting, the applicant shall file an application with the clerk's office for review of conceptual planned unit development plan. The application shall consist of the following documentation: 1. A completed application form. 2. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall not be less than one inch equals four hundred (1" = 400) scale and shall include the following: a. Name of proposed development. b. Outline of property boundaries. c. Adjacent area within one-fourth (1/4) mile of property. 3. A zoning plat including a legal description of the property to be included in the Planned Unit Development. 4. A written explanation of the general character of the proposed planned unit development that shall include the following: a. a description of all land uses to be included in such district(including open space)with percentages of each use; b. projected densities for each residential use; c. a description of the development standards and design criteria applicable to the proposed planned unit development; d. an outline describing why the property should be developed as a planned unit development; 4 Draft Revised 04/13/06 e. Identification of the conventional zoning classification allowing the uses for each land use type included; f. a list of requested exceptions to applicable city ordinances and codes. 5. A conceptual planned unit development map or plan. The plan shall include the following: a. North arrow, scale and date of preparation. b. Name and address of the site planner, engineer or surveyor who prepared the plan. c. Name of property owner. d. Name of petitioner/developer. e. Proposed name of the planned unit development. f. Proposed land uses. g. Total acreage and percent of the site devoted to each land use. h. Location of proposed streets and lets. i. Proposed dedication of land for school and park sites, if applicable. j. Land area to be used for open space such as storm water basins, buffers, parks and trail corridors. k. Proposed approximate building footprints and estimated floor area for all nonresidential structures, if any. 1. AppFaximate Maximum number of residential units. m. AppFeximate Gross and net densities. n. Wetlands, floodplain and floodways obtained from published data. o. Location of lakes, ponds, streams and drainage swales. p. Existing vegetation including description of predominant vegetation types and sizes. q. Existing contour lines with a minimum of five foot (5') intervals obtained from published data. 5 Draft Revised 04/13/06 r. Location of existing and/or proposed water, sanitary and storm sewer systems intended to serve the development. s. Proximity to existing and proposed transportation corridors and a written statement with regard to transportation impacts due to this PUD. t. Written description of how the existing utilities are planned to be extended to serve the development. u. Any other data reasonably necessary to provide an accurate overview of the proposed development. V. and cedes- 6. Other documents may be requested by the city if it is determined necessary to clearly describe the planned unit development. 7. The clerk's office shall have the application reviewed for completeness. If the application is not complete, the applicant will be notified by the clerk's office as to the deficiencies. The application will not be forwarded on for review until the application is complete. C.Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the concept for the planned unit development and supporting documentation and make a recommendation to the plan commission as to the proposal's compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. D.Park Board Review (If Applicable): The park board shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general input on the following: 1. Compatibility of the proposal with the recreation master plan and park development standards. 2. Layout and organization of the open space system. 3. Compliance with the city's land-cash ordinance for parks. 6 Draft Revised 04/13/06 4. Other documentation that the park board would recommend be prepared during the preliminary planned unit development plan phase. 5. A formal recommendation by vote is not given for a conceptual planned unit development plan. E Plan Commission view Recommendation: The plan commission shall conduct GGF!AFaeRts en the feelleeiMRg at least one public hearing in accordance with Illinois Compiled Statutes. However, the Plan Commission may continue from time to time the hearing without further notice being published. After the close of the public hearing, the plan commission shall recommend to the City Council approval or denial of the zone map amendment to PUD to allow the concept for the planned unit development. The Plan Commission shall base its recommendation on the Development Standards 10-13-06 of this ordinance and based on the following findings: A. The compatibility of the proposal with the Comprehensive Plan, Transportation Plan, Zoning Ordinance and Subdivision Control Ordinance. B. The appropriateness of the proposed land uses. C. The appropriateness of the general layout of open space, streets, parking areas, lots and buildings. D. Existing uses of property within the general area of the subject property. E. The zoning classification of property within the general area of the subject property. F. The suitability of the subject property to the uses permitted under the existing zoning classification. G. The trend of development, if any, in the general area of the subject property, including changes, if any, which have taken place since the day the subject property was placed in its present zoning classification. H. The impact that the PUD will have upon traffic and traffic conditions in the general area of the subject property. 7 Draft Revised 04/13/06 F.City Council Review: The committee of the whole shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the comprehensive plan, transportation plan, zoning ordinance, subdivision ordinance and goals and objectives of the City. 2. Appropriateness of the proposed land uses. 3. General layout of open space, streets, parking areas, lots and buildings. 4. Other documents the city council would recommend be prepared for the preliminary planned unit development plan phase. G. Mayor and City Council Decision: a. The Mayor and City Council, upon receiving the recommendation of the Plan Commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the Plan Commission for further consideration. b. If an application for a proposed amendment is not acted upon finally by the City Council within six(6) months of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been denied. H. Modifications to Concept Plan for the Planned Unit Development: After the approval of the Concept Plan and Zone Map Amendment for the Planned Unit Development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any other provisions of the zoning ordinance of the city. No changes may be made to the approved Concept Plan for the planned unit development unless approved by the city. Changes to the planned unit development will be determined by the City Administrator, or designee, to be one of the following; a minor change or a major change. 1. Minor changes to the Concept PUD Plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the 8 Draft Revised 04/13/06 criteria set forth in this subsection may be approved by the City Administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. b. A change in mixture of dwelling unit types resulting in a greater than 10% change in quantity of any proposed unit type. c. A change in the mixture of land uses resulting in a greater than 10% change in area of any proposed use. d. Any reduction of an amount of common open space, landscaping or buffering. e. A change in the functional classification of a roadway. Minor changes not approved by the City Administrator may be approved by the City Council without review and recommendation by the Plan Commission, unless the City Council refers a request for a minor change to the Plan Commission for review and recommendation. 2. Major changes are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a Minor Change. If a major change is requested, the applicant shall submit a revised PUD Concept Plan and supporting data with an application for a major change to the clerk's office and repeat the review procedures set forth in this section. F.Staff Review.- The , 2004 64, i 1 23 2004) . 9 Draft Revised 04/13/06 10-13-6: PRELIMINARY PUD PLAN: A.Purpose: The purpose of the preliminary PUD plan submission is to obtain approval from the City that the plans the applicant intends to prepare and follow are acceptable as a preliminary PUD plan, and that any final plans will be approved provided they substantially conform to the preliminary planned unit development plan. The preliminary PUD plan must be substantially in conformance with the concept plan approved at the time of zone map amendment(if the preliminary PUD plan is not substantially in conformance with the concept plan, it will be deemed a Major Change and a new concept plan will need to be submitted and approved as prescribed by 10-13-5. Approval of the preliminary planned unit development shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B.Procedure: Not less than forty five (45) days before the plan commission meeting, the applicant shall file an application with the clerk's office for preliminary planned unit development approval. The application shall consist of the following documentation: 1. One copy of the completed preliminary planned unit development form. 2. Disclosure of beneficiaries form. 3. Preliminary planned unit development plan. The plan shall include at a minimum the following information: a. North arrow, scale (not less than 1 inch equals 200 feet) and date of preparation. b. Name and address of the site planner, engineer or surveyor who prepared the plan. c. Name of property owner. d. Name of developer. e. Proposed name of development. f. Location map. g. Legal description. h. Site data, including as applicable: 10 Draft Revised 04/13/06 (1) Total acreage, and acreage and percentage of each proposed land use. (2) Percent of land devoted to streets and public rights of way. (3) Number of residential lots. (4) Floor area (nonresidential). (5) Gross and net residential density. (6) Minimum, maximum and average lot sizes. (7) Percent of lot coverage for all uses except detached single-family and duplex. (8) Identify the conventional zoning classification used to define each land use and list variances granted by the Concept Plan approval, if any; i. Aerial photograph illustrating the subject property and adjacent property within one-fourth (1/4) mile of the site. j. Existing zoning and owners of adjacent property. k. Municipal limits. I. School district boundaries. m. Property lines and dimensions. n. Residential lots with approximate dimensions. o. Location of multi-family and single-family attached buildings. p. Footprints of nonresidential buildings. q. Front, rear, side yard and comer side yard setbacks. r. Off street parking and loading areas, including number and dimensions of parking spaces, drive aisles and loading zones. s. Configuration and acreage of all land proposed as open space including storm water management areas, parks, buffers, and trail corridors. 11 Draft Revised 04/13/06 t. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, and similar public and quasi-public uses. u. Pedestrian and/or bicycle circulation systems. v. Existing vegetation. w. Limits of jurisdictional and non-jurisdictional wetlands. x. Limits of 100-year floodplain. y. Surface water including lakes, ponds, streams and drainage swales. z. Existing contour lines with a minimum one foot (1') interval. aa. Any other data reasonably necessary to provide an accurate overview of the proposed development. 4. Preliminary Landscape Plan indicating the name, variety, size, location and quantities of plant material for all common and dedicated areas including parkways, buffer areas, storm water basins, wetlands, entry areas, medians, and parking lot islands. 5. Preliminary Engineering Plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall show an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas, as well as all utility easements. The plan shall be accompanied by a statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. 6. Photometric Plan (for nonresidential developments only). The photometric plan shall be superimposed on the site plan, and shall: a. Identify the location and heights of all light standards. b. Identify foot-candle intensities on the site of the planned unit development, and ten feet (10') beyond proposed property lines. c. Include specifications for proposed lighting, including wattage, method of illumination, and color of light standards and luminaries. 12 Draft Revised 04/13/06 7. Architectural Drawings. When requested by plan commission or city council, preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a. Typical elevations (front, rear and side) for proposed residential and nonresidential buildings, which identify materials and color styling proposed for all elements of the building. b. Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. ZeRii;g Pint �vr***,g-r--rcrc 8. Other. The plan commission or city council may require preparation and submittal of the following for review and evaluation: a. Fiscal impact study, detailing the estimated cost which the planned unit development will have on all taxing bodies, and anticipated revenues which will be realized from each phase of development. b. Proposed covenants, conditions and restrictions and/or homeowner association bylaws. c. Other information that may be required by the plan commission or city council. C.Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the preliminary planned unit development and supporting documentation and make a recommendation to the plan commission as to the proposal's concurrency with the approved concept planned unit development plan and compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. A traffic impact study will be prepared by the city as part of the plan council's review. D.Park Board Review (When Applicable): The park board shall conduct a formal review of the preliminary planned unit development plan and supporting documentation. The park board shall forward its recommendation to the city council. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. 13 Draft Revised 04/13/06 E.Plan Commission Review: The plan commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the preliminary planned unit development plan. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. F.City Council Review: Subsequent to receiving the plan commission and park board recommendations, the city council shall conduct a public hearing and shall approve or deny the application for the preliminary planned unit development plan. G. Modifications to Preliminary Plan for the Planned Unit Development: After the approval of the planned unit development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any other provisions of the zoning ordinance of the city. No changes may be made to the approved planned unit development unless approved by the City. Changes to the planned unit development will be determined by the City Administrator, or designee, to be one of the following; a minor change or a major change. 1. Minor changes to the Preliminary PUD Plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the criteria set forth in this subsection may be approved by the City Administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. Any IRGFease ii; deRsity b. Any change in circulation patterns or access. c. A change in mixture of dwelling unit types resulting in a greater than 5% change in quantity of any proposed unit type. dwelllAg Unit types. d. Any change in grading or utility provisions. e. A change in the mixture of land uses resulting in a greater than 5% change in area of any proposed use. uses. f. Any reduction of an amount of common open space, landscaping or buffering. 14 Draft Revised 04/13/06 g. Any change to exterior elevations of buildings which alter rooflines, building materials, approved color schemes or result in a change in architectural style. h. Other changes of similar scale, proportion or use. Minor changes not approved by the City Administrator may be approved by the City Council without review and recommendation by the Plan Commission, unless the City Council refers a request for a minor change to the Plan Commission for review and recommendation. 2. Major changes to the Preliminary PUD Plan are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a Minor Change. (10%) !Rr.Fease OF derarease (2) Ghange IeGatieR type 9F land use. 0 0 15 Draft Revised 04/13/06 development plai:ii 9F GUFRUlative GhaRge an the height of any building eF StFUGtUFe in the planned unit development Gth9F thaR siRgle family detarhed dwellmg 0 If a major change is requested, the applicant shall submit a revised PUD Preliminary Plan and supporting data with an application for a major change to the clerk's office, not less than forty-five (45) days before the Plan Commission meeting. The Plan Commission shall recommend to the City Council approval or denial of the application for a major change. Subsequent to receiving the Plan Commission and Park Board (when applicable) recommendations, the City Council shall approve or deny the application for the major change. 10-13-7: DEVELOPMENT STANDARDS: The density, minimum lot size and minimum set back dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the Concept PUD request. Plan Commission shall make findings and recommendations to City Council for approval of the planned unit development, based upon the following standards: A.General: 1. The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. 2. The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. 16 Draft Revised 04/13/06 3. That all minimum requirements pertaining to commercial, residential, institutional or other uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this title, except as may be specifically varied herein granting and establishing a planned development use. 4. There is no minimum district size required for a PUD. pmpeFty shall be ten (49) aGFes. 5. Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction or covenant, any land or space separate from single- family or multi-family residential districts to be used for parks, playgrounds, commons, greenways or open areas, the plan commission may consider and recommend to the city council and the city council may vary the applicable minimum requirements of the comprehensive plan, subdivision regulations and the zoning ordinance which may include, but not necessarily be limited to, the following: a. Rear yard. b. Side yard. c. Lot area. d. Bulk. e. Intensity of use. f. Street width. g. Sidewalks. h. Public utilities. i. Off street parking. B.Residential: aGFes. 1. Business uses may be included as part of a planned residential development when applicable. 2. Use regulations: 17 Draft Revised 04/13/06 a. Uses proposed are consistent with those listed as allowable uses in the respective zoning districts. 3. Uses listed as special uses in the zoning district in which the development is located may be allowed. 4. Signs. In accordance with the regulations set forth in chapter 12 of this title. 5. The plan commission may recommend and the city council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwellings shall be located not more than two hundred feet (200') from the dwelling served. The plan commission also may recommend and the city council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including, provided: a. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys. c. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned development is including and the plan is developed to afford adequate protection to neighboring properties as recommended by the plan commission and approved by the city council. C.Nonresidential: In a planned business development, the following additional requirements are hereby specified: 1. Residential use may be included as part of a nonresidential planned unit development. 2. All walks within the planned development shall be paved with a hard surfaced material meeting the specifications of the city engineer. 3. Any part of the planned development not used for buildings, loading and accessways and walkways shall be landscaped with grass, trees, shrubs and other plant material according to the landscape plan, as recommended by the plan commission and approved by the city council. 18 Draft Revised 04/13/06 4. Permitted business uses shall be prescribed in the ordinance granting the planned development. 5. The buildings in the planned development shall be planned and designed as a unified and single project. 6. Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open space, schools, churches or other similar uses. D.Conditions And Guarantees: Prior to granting any special uses, the plan commission may recommend and the city council shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the property governed by the special use. E.Effect Of Denial Of A Special Use: After a public hearing, no application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and the city council. F.Termination Of Special Use Permit: If work on the proposed development has not begun within twenty four(24) months from the date of the authorization order of the city council, the authorization shall become null and void and all rights hereunder shall lapse. 10-13-8: FEES: The city council shall establish a schedule of fees, charges and expenses for occupancy permits, appeals, applications and amendments for special use, and other matters pertaining to this chapter. The schedule of fees shall be posted in the clerk's office and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. 10-13-9: SEVERABILITY: Each section, clause and provision of this chapter shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses or provisions of this chapter. 10-13-10: REPEAL OF CONFLICTING ORDINANCES: Any and all other ordinances or parts of ordinances, in conflict herewith are repealed. 19 Draft Revised 04/13/06 10-13-11: EFFECTIVE DATE: This chapter shall be in full force and effect immediately after passage, approval and publication in book form according to law. 20