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Economic Development Packet 2006 02-16-06 3 Co. United City of Yorkville 800 Game Farm Road EST _ 1836 Yorkville, Illinois 60560 ca Telephone: 630-553-4350 Fax: 630-553-7575 LLE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, February 16, 2006 7:00 p.m. City Hall Conference Room 1. Approval/Correction of Minutes: December 15, 2005 2. EDC 2005-01 SSA Tax Policy 3. PC 2005-27 Kiddie Campus — Special Use 4. PC 2005-53 Hudson Lakes—Annexation and Zoning 5. PC 2005-62 2113 Route 47 —Annexation and Zoning 6. PC 2006-03 Woodstone —Annexation and Zoning 7. PC 2006-07 Caledonia Unit 1 —Final Plat 8. EDC 2006-05 Ratos Development / Economic Initiative Agreement for Corneils and Route 47 9. EDC 2006-06 Amendment to PUD Ordinance 10. Additional Business Page 1 of 3 ECONOMIC DEVELOPMENT COMMITTEE DRAFT Thursday, December 15,2005 7:00 pm City Hall Conference Room Present: Alderman Marry Munns Dan Kramer, attorney Alderman Jason Leslie Michael Krause, MPI Communities Alderman Joe Besco John Phillipchuck, MPI Communities Alderwoman Valerie Burd Roberto Guzman, Pasquinelli Lynn Dubajic, YEDC Scott Harmon, resident City Administrator John Crois Tony Scott, Record City Attorney John Wyeth(arrived at 7:30) The meeting was called to order at 7:00 pm by Chairman Munns. 1. Approval/Correction of Minutes: November 17, 2005—The minutes were approved. 7. PC 2005-52 Kleinwatcher—Annexation and Zoning—This is a 9.81 acre parcel on the West side of 47 south of Legion Road. There is an existing brick home with a long driveway. Mrs. Kleinwatcher has been running daycare out of her home for some time and would like to build a day care center on the proposed south lot. The half closest to Rt. 47 (470 to 500 feet back)would be zoned B3 for offices and Retail development with the preference that it would be restricted to offices, and the back half would be zoned R2 residential with 14,000 square foot lots.. The driveway would be closed off and a road would go out to 47 and there would be a North South street dividing the two uses. They wondered if there could be flex zoning where it could be zoned B3 for the whole property for 6 or 7 years, and then if there was no interest,the back half would revert to R2. The Plan Commission voted 9-0 in favor of annexing and 8-1 in favor of the dual zoning. Alderman Leslie had a concern about co-mingling R2 and B3. It could be zoned B2 but keep the B3 setbacks. This will move on to COW. 2. EDC 2005-01 SSA Tax Policy—Scott Harmon, a resident said the homeowners do not benefit from SSAs. He said the SSA tax rate for Raintree would vary from 8.5% and 9.7% while non SSA parcels would have a tax rate of 6.87%. He said the SSA makes things more confusing to the homebuyer about what the real cost of the home is, and does not make it more affordable to the homeowner. He feels the only people benefiting from the SSAs are the developers and investors. He also said the city would get more in real estate taxes if there was no SSA because the property values would be higher. Page 2 of 3 John Phillipchuck from MPI said that MPI has had meetings with the sales staff at Grande Reserve to stress the importance of proper disclosure of the SSA in a timely manner. He said that the 1.5% annual increase refers only to the maximum payment, and the homeowner's annual payment may be less than the maximum. So if the homeowner pays less than the maximum one year, and then the next year circumstances dictate that they must pay the maximum payment the following year, the payment would look like it increased more than the maximum of 1.5%, but MPI assures the homeowner that his maximum payment will not increase more than 1.5% per year for the length of the obligation. John Phillipchuck also said MPI strongly believes the SSA in Grande Reserve has made positive and lasting impacts that will be enjoyed by Yorkville residents for years to come. He said Grande Reserve is a model for SSA developments. There has been confusion about active SSAs for maintenance of common areas and backup or dormant SSAs put in place if the Homeowner's Association should fail. The SSA tax is for front funding infrastructure improvements. Alderwoman Burd commented that the Grande Reserve SSA was done well, and that other SSAs have not done as well. Right now the city is only approving dormant SSAs. There was a comment about homeowner frustration and lack of understanding from the salespeople. Each project will need to be evaluated individually. In the annexation agreements there is no clause that states they will automatically get an SSA, but they may request one. An idea was to payoff the SSA as the home is purchased, and roll it into the mortgage. A list of what SSA dollars can be used for needs to be drawn up. There needs to be more education about SSAs between the developer and the buyer. An SSA could be used if there would be extraordinary infrastructure needs. John Crois suggested getting information about what Grande Reserve used the SSA for. This will come back in January. 3. EDC 2005-08 Building Permit Report for October 2005—This will move on to COW on Consent Agenda. 4. EDC 2005-07 Feasibility of Relocating Overhead Power Lines to Underground— This will come back to EDC in January. 5. EDC 2005-03 Kendall County Transportation Development Fees Draft Agreement—This will come back to EDC in January. Page 3 of 3 6. EDC 2005-09 Facade Improvement Agreement—The funding has been expanded to include the whole city, but it has been prioritized. The#1 priority is the downtown area and the #2 priority is along major highways. This year Sawmill Pizza and the Bridge Street Cafe have applied for this program. It is a matching program for major facade improvements and the owner must spend at least$1,000. They will only be able to get what is in the fund at budget time. There was $20,000 budgeted for the Facade Fund. There is a committee that decides how much to give each applicant if the money is available. If the facade is changed before the 5 years is up, there needs to be an enforcement provision. It should be recorded as a matter of record on the title of the property so a new owner would know if the property was sold after this program was used. This will go to January EDC. 8. Additional Business Joe Besco asked if anyone was interested in the Economic Incentives yet. Lynn Dubajic said there was a Retail Developer who got the information from the city. They commended the city for moving in that direction. The meeting was adjourned at 8:05 pm. Minutes submitted by Laura Leppert. c,-D C1 r o United City of Yorkville Memo 800 Game Farm Road esr 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 o Fax: 630-553-7575 Date: February 14, 2006 To: Economic Development Committee From: Lisa Pickering, Office Assistant The following agenda item was not available at the time packets were produced: EDC #2 — SSA Tax Policy Any questions, please contact City Attorney John Wyeth. :sited City of Yorkville 'ECIAL TAX BOND POLICY General Statement: In order to provide more comprehensive public infrastructure for projects undertaken in the City and to help projects meet or exceed the desired standards and guidelines of Yorkville,it is the desire of the City to consider issuing Special Tax Bonds as a municipal financing instrument. The Special Tax Bonds shall be issued as either Special Service Area Bonds (35 ILCS 200/27-5) or Special Assessment Bonds (65 ILCS 5/9-1-1) (the "Bonds"). Such Bonds shall finance public infrastructure for defined areas where the burden of the tax or assessment is limited to that specific area. The City will not be liable or responsible for, nor will it pledge any general obligation or other City revenue for,the repayment of such Special Tax Bonds. The Bonds shall be repaid only from a tax or assessment on the benefited property. No other taxpayers are obligated to pay this special tax. The City has considered the impact upon homeowners purchasing homes subject to a Special Tax on an ongoing basis and has determined that, for residential developments (and specifically not to include commercial developments),the City shall enact only the form of Special Tax, and will issue only the form of Special Tax Bonds(SSA or SAA)which involve full payment of the tax at the time that a platted lot is sold, or a building permit is issued for the new construction, whichever occurs first. By so doing, no home owner in a Special Tax Area will be subject to the tax, but rather, the tax will be paid in full before occupancy. Eligible Infrastructure Costs: The City will consider the issuance of Special Tax Bonds for the following public costs associated with a proposed project: • Water mains,laterals and qualified water storage and production facilities • Sanitary Sewer interceptors,mains&laterals • Sewer treatment facilities • Storm Sewer facilities Formatted:Bullets and Numbering • Roads including signaling 1 Draft updated 3/20/02 Park improvements Deleted:Right of way landscaping& • Offsite land acquisition cost for storm water&detention curbs¶ tl Engineering and related professional fees¶ improvements including regional or multi-party storm walling paths&sidewalks¶ water management use Formatted:Bullets and Numbering Deleted:Certain connection fees • Certain mass grading costs,when a specific need is Formatted:Bullets and Numbering demonstrated __. _ • Certain pro-rata costs for police,fire and/or public works facilities related to the project,when a specific need is demonstrated All such costs shall pay for public improvements that are either owned by the public or are the subject to permanent public easements.All such costs shall be reviewed and approved by the City and its bond counsel and financial advisor before issuance. Eligible Projects: The City will consider such Bonds for housing,retail,commercial, Formatted:Indent:Left: 0", office and/or industrial projects. . Prior to consideration of an Hanging: 1s" SSA,the developer seeking the SSA must demonstrate to the City the advantages of use of the SSA for the particular development. The City shall consider"up front"provision of infrastructure, accelerated provision of schools,parks and/or other public facilities,and the accelerated extension of city services,as specific reasons to consider enacting an SSA for any given area of the City. It is the policy of the City to consider each request for SSA on its own merits,and no previous SSA shall be considered precedent for considering a subsequent SSA. Formatted:Indent:Left: 0", Hanging: 1.5" Realizing that there is an expenditure of time and effort on the part Formatted:Indent:Left. 1.5" of the City and its professionals,the City requests that a qualified bond underwriter review all Special Tax Bond proposals for reasonableness and marketability before the formal presentation to the City. The City may further and likely will,hire the services of an independent financial consultant to review the terms of any Special Tax Service Area or Special Assessment Area Bonds,advising the City of the appropriateness of the issue,the marketability,and providing financial advice to the City. Further,the City shall seek an independent Bond Counsel to issue a Legal Opinion Letter ensuring that the City has no direct liability or residual liability on said Bonds. All the consulting fees incurred by the City whether for legal services or independent financial consulting shall be 2 Draft updated 3/20/02 reimbursed to the City out of the Bond proceeds,at the first draw down upon said bonds. Ann nation Agreements: Unless all the criteria set forth herein is demonstrated in Prior to approval,no Annexation Agreement shall grant an entitlement for a Special Tax.An Annexation Agreement may provide that the Owner/Developer may,at a future date,request funding via a Special Tax,but in such a case, 1)the enactment of the Special Tax shall be at the City's sole discretion,and 2)the Owner/Developer will be required to comply with the criteria set out in this policy,or any future policy concerning Special Taxes, prior to consideration for approval. Formatted:Indent:First line: 0" Formatted:Font:14 pt,Bold Policies &Procedures: All normal and regular City ordinances,policies,procedures and subdivision control standards shall be followed and required of the proposed project. The City reserves the right to suspend or stop discussion or proceedings concerning Special Tax Bonds at anytime. 3 02/10/2006 10:57 FAX 630 553 5764 DANIEL J. KRAMER 1a002/010 EbC 4 f-ixJ acne-OJ STATE OF ILLINOIS ) February 10,2006 )ss. COUNTY OF KENDALL ) UNITED CITY OF'YORKVILLE AND CASTLE BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED JULYS 2005 AND KNOWN AS TRUST#2373 DEVELOPMENT/ECONOMJC INITIATIVE AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreemenf 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 BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 8, 2005 AND KNOWN AS TRUST##2373 (the"OWNER'). RECITALS The CITY is an Illinois municipality and hereby enters into this Agreement pursuant to 65 ILCS 5/8-11-20 ("Enabling Statute'); and pursuant to Section 6(a) of Article VII of the Constitution of the State of Illinois of 1970, the CITY has determined that it has the authority to enter into this Agreement_ The OWNER 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's for commercial uses("Development Project") subject to the zoning ordinance enacted by the CITY. OWNER has demonstrated to the CITY's satisfaction that the OWNER has the experience and capacity to complete the Development Project. The OWNER and the CITY have determined that without the financial assistance provided under this Agreement the Development project Would not be feasible and that the OWNER would not undertake the Development Project. The OWNER has expressly conditioned the undertaking of the Development Project on the CITY's agreement to pledge the Sales Tax Revenues (defined later) it receives from the Development Project to repay OWNER its Reimbursable Improvements(defined later), all as provided in this Agreement. -1- 02/10/2006 10:57 FAX 630 553 5764 DANIEL J. KRAMER 1 003/010 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 teams 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 5764 DANIEL J. KRAMER 16004/010 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 OWNER's agreement to undertake the Development Project and the CITY's agreement to reimburse the OWNER for the costs of causing the construction of certain of the Reimbursable Improvements; and in consideration of the mutual promises, covenants, stipulations and agreements herein contained in this Agreement, the OWNER and the CITY hereby agree as follows: Incorporation of Recitals. The recitals set forth above are incorporated hereby by this reference as if fully set forth herein. Creation of Economic Incentive Agreements. The CITY acknowledges that an economic incentive agreement for the subject commercial property within the Property will provide incentives for development within the Property, which will provide sales tax benefits to the CITY. The CITY" shall, upon application by OWNER or its assigns, pursuant to 65 ILCS 5/8-11-20 (2002) or any other statutory means, enact all ordinances and execute all agreements to share or rebate a fifty percent(50%)portion of the CITY's allocated portion of sales tax revenue as set forth herein to OWNER or as assigned in writing by OWNER, pursuant to the terms provided in this paragraph of the Agreement (hereinafter referred to as "Incentives"). For purposes of this Agreement a "commercial retail user" shall be any user that collects sales tax as part of its operation. The commercial retailer user shall be referred to as the"Generator". The CITY acknowledges that its agreement to execute this Development/Economic Initiative Agreement is a material inducement to OWNER to enter into this Agreement. Development Incentive Reimbursement. Incentives. The OWNER pursuant to the twins 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 store(or -3- 02/10/2006 10:57 FAX 630 553 5764 DANIEL J. KRAMER 1a005/010 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. In the event OWNER recovers its full Reimbursable Improvement plus interest calculation prior to that expiration time, the right to recovery shall terminate earlier than the previous stated expiration date. In the event OWNER has not received all of its Reimbursable Improvements calculation and interest upon said expiration date, the Agreement shall be treated as expired. Interest shall not be compounded. These Reimbursable Improvements include, but are not limited to, the following: 1) Construction, excavation, hauling, compacting, and all related functions for any portion of the regional detention facility undertaken off-site to the north of the subject property by OWNER- 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 1DOT 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 630 353 5764 DANIEL J. KRAMER IA 006/010 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 Property. In the event that the CITY's share of said sales tax or substitute tax is reduced or increased by the State, then the affected Generator's share thereof shall be reduced or increased in the same proportion_ P_avment Obligatiort. The CITY hereby agrees to pay OWNER or its assignee the quarterly installment payments made to the CITY by the Illinois Department of Revenue within thirty (30) days of receipt by the CITY of the quarterly installments, and continuing until the Reimbursable Improvements and applicable interest are paid to the OWNER as set out in this Agreement. The "quarterly installment payment" shall mean an amount equal to one-half(%:) of the sales tax revenue received by the CITY from the State generated by each Generator on the Property, or any additions to the Property. All amounts paid to the OWNER will be due and payable solely from one-half ('/z) 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 rnent 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 terms of this Agreement, OWNER shall require in writing all tenants in the Property and to any subsequent purchasers of any portion of the Property to direct the Illinois Department of Revenue to provide the CITY with a breakdown of sales tax being remitted to the CITY for each commercial retailer on-site. In the event OWNER or a commercial retailer fails to provide the CITY with written authority for release of said information from the Illinois Department of Revenue the CITY shall have no duty to remit sales tax proceeds from that commercial retailer to the OWNER. -5- 02/1012006 10:57 FAX 630 553 5764 DANIEL J. KRAMER 1a0071010 A Assianability, 1) It is expressly agreed and understood by the parties to this Agreement that the benefits contemplated in the Development/Economic Initiative Agreement and pursuant to 65 ILCS 5/8-11-20 (2002) are assignable at the option of the OWNER. Upon such written assignment by the OWNER, Generator shall have all rights currently vested in the OWNER under the Development Agreements, this Ordinance and applicable law, and shall be entitled to enforce same by any legal or equitable remedy. If any Lot is sold by the OWNER, OWNER shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to the Development/Economic Initiative Agreement unless specifically assigned by the OWNER. 2) OWNER may assign a portion or all of its rights under the terms of this Agreement to any future developers, owners, or institutions or individuals providing financing for the improvements outlined above in this Agreement. Reimbursement Procedures. Sales Tax Reports- OWNER agrees to cause all Generators to execute and deliver to the CITY a written direction, in form and content acceptable to the CITY and the Illinois Department of Revenue ("DOW'), authorizing the DOR to release to the CITY the sales tax figures for the Generator, on a quarterly basis and during the term of this Agreement. The CITY agrees to take the necessary action to initiate the transaction. Should the DOR cease to release the sales tax information to the CITY on a quarterly basis, OWNER and all Generators shall be responsible for any further action to obtain the sales tax information from the DOR or shall be responsible for submittal of the sales tax information from the DOR or shall be responsible for submittal of the sales tax information as provided for in the next paragraph of this Agreement. In the event the DOR fails to submit to the CITY the quarterly sales tax information for any Generator as provided for in Section A above, OWNER shall cause Generators to, contemporaneous with the filing of sales tax reports with the Illinois Department of Revenue or successor agency, furnish to the CITY copies of any and all sales tax returns, sales tax reports, amendments, or any other paper filed with the State of Illinois, said Department of Revenue or other appropriate governmental entity, pertaining to the Generators, and certified as being true and correct, which documents are being provided to the CITY for purposes of identifying sales tax revenues collected pursuant to this Agreement. ConlidentialiV. The CITY acknowledges and agrees that information to be provided by Generators hereunder are proprietary and valuable information and that any disclosure or unauthorized use thereof will cause irreparable harm to OWNER and/or OWNER's affiliates and/or Generator and/or Generator's affiliates, and to the extent permitted by state of federal law, including but not limited to Section 7(1)(g) of the Illinois Freedom of Information Act, the CITY agrees to hold in confidence all sales figures and other information provided by OWNER or Generators or obtained from OWNER's or Generator's records in connection with this Agreement, and in connection therewith,the CITY shall not copy any such information except as -6- 02/10/2006 10:57 FAX 630 553 5764 DANIEL J. KRAMER Ia008/010 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. Default/Right to Cure. No party shall be deemed in default hereunder until such Party has failed to cure the alleged default with ten(10) days in the case of a monetary default, or within thirty(30) days in the case of a non-monetary default, from notice of such default from the other Party; provided, however, if the nature of such non-monetary default is such that it cannot reasonably be cured within such thirty (30) days period, then such Party shall not be deemed in default if such Party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. In the event of a default and except as may be otherwise provided herein to the contrary, the non-defaulting party may: (i) terminate this Agreement upon written notice to the defaulting party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii) except as may be otherwise expressly provided to the contrary herein, seek specific performance of this Agreement, and, in addition, recover all damages incurred by the non-defaulting party; (the parties declare it to be their intent that this Agreement may be specifically enforced); (iii) pursue all other remedies available at law, it being the intent of the parties that remedies be cumulative and liberally enforced so as to adequately and completely compensate the non- defaulting party. -7- 02/10/2006 10:58 FAX 630 553 5764 DANIEL J. KRAMER 1a009/010 No Obligation to Develop,Open or O erate. 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. Severabih if any provision of this Agrement 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 Hoard of Directors of DE'V'ELOPER,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 10:38 FAX 630 553 5764 DANIEL J. KRAMER [6010/010 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 Puties,it being understood and agreed that no provision herein,nor any acts of the parties, shall be deemed to create any relationship between the parties. Remedies Not Exclusive. Except as may be otherwise expressly provided herein, the various rights and remedies herein contained and reserved to each of the parties, except as herein otherwise expressly provided, are not exclusive of any other right or remedy of such party, but are cumulative and in addition to every other remedy now or hereafter existing at law, in equity or by statute.No delay or omission of the right to exercise any power or remedy by either party shall impair any such right, power or remedy or be construed as a waiver of any default or non- performance or as acquiescence therein. IN WITNESS WHEREOF, this Agreement is entered into at United City of Yorkville, Illinois,as of the date and year shown above. 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: MA'Y'OR JAMES RATOS Attest: Dated: CITY CLERK Law Offices of Daniel J.Kramer 1107A S. Bridge Street Yorkville,Illinois 60560 630.553.9500 -9- i C/rr Reviewed By: Legal F1 City Council Finance ❑ Engineer ❑ .g Agenda Item Tracking Number 0 City Administrator ❑ � Consultant ❑ ❑ LE City Council Agenda Item Summary Memo Title: Zoning Ordinance—Chapter 13 Planned Unit Development Recommended Modification City Council/COW/Committee Agenda Date: February 16, 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: CHAPTER 13 PLANNED DEVELOPMENTS 10-13-1: PURPOSE: Planned unit developments 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 city and particularly, in the immediate surroundings, than developments built in conformity with standard district regulations. Planned unit developments are of such substantially different character from other special uses that the following additional standards are established to guard against their use solely as a means of intensifying the use of land. (Ord. 2004-64, 11-23-2004) 10-13-2: DELINEATION ON ZONING MAP: Approved planned unit developments shall be delineated and designated 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. The approval process includes the following stages: A.Preapplication conference. B.Concept" plan ffiQRWe dap a( C.Preliminary PUD plan. 10-13-3: PREAPPLICATION CONFERENCE: A.Purpose: The purpose of the preapplication conference is to provide advice and assistance to the applicant before preparation of the concept plan of 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 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. (Ord. 2004-64, 11-23-2004) 10-13-4: CONCEPT PLAN AND AN©NIENT OFZOI A.Purpose res t4bft,, l the concept plan an„ equestrng ra rrae� risen t� ne`�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 epi ie+�s a-nd-recom mend ations of the 6t�, park board (residential develo ments only)M plan commission and city council e � ae 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 �legal descr�pt�on_off die property��a be�; cl�ded �� t1�e 1'lanr�e�,��.1`n� Deue�apment� � A w�ei� e ��anat�or�ofthe genera cljarac�er of a p��pt�se+��pa�ner�i� develop�en#tea# shall anc1ude the follow►r�g a a descr�p�on cif all lant uses#oende1ructp � cl�udng o�et� spaice)�wi�l� perr,,er�tag�s flf eap ,rise b ���1e ed'ilens��ies poi ac����sden�a��se .. 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. I. Approximate Maximum number of residential units. m. Approx-inate 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. 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. Written explanation outlining why the property should be developed as a planned unit development. w. A preliminary list of requested exceptions to applicable city ordinances and codes. Other documents may be requested by the city if it is determined necessary to clearly describe the planned unit development. 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. 1a cunc�l : iuv � ® �> epf u�r �suba #as; �ars office shaft s r�bute es of tie � ca#to sb�®r#���ocur U fatter to m-emble.s iJt",ptan cour 1 T e ptarasdda ci re to %� �ohcep#for rr theme d-a te�eo ari� �orA �oc�arn�tptiorand ree �ecorn�er�d�t�� o the plan com��ss�©n as���#ae pr���sa �c�rnpa#�b�t�t ;, ���#tie cif s +cor�prehe�.ns�ve p�an�tr��sfaflrta#�o�,p�a�,..���reab�r����#er pla zoning prtlanance, subc �v�son control ordinance, annexatI�?n agreement rac„other g©als ancl,p©i planning the city U,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. 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. Plan Commission Revie The plan commission shall conduct an informal review of the nennept al planned unit development plan r r a p�ublal✓heanng ai�cordar�ce w 11oa Cale , ales r�e e1 � eab Ifaea�`r �e 1� sh�11��corr�mentl t�' c� anc� pp�-��al or d�;r�ta��f��zon T �Q9 A�Aa: B e ap`XM�pnten � er osec�aa�d�es µ..w P . a .® ,......... .a.x. C T,�e�ap��ro�nateness�f�� gene alz �a ��t��� sfaace #retie 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. a a ,"" 'X33 o r 92", ie �a�y�y� and � r o� upon a e'1v1 � e recomt an,­�✓� i77J�� a 11} �� ; y§ p d a �� nor eray and proposed a ncment in accordance�# a licab �I�no�s state#�� rsma �ef� to the�tan .. 47 ''s. UR b an appltc ton oar proposed amen nt as nt ctec,Rpon fina py Ca �witn #hs ref tie dale r#rrv�ad `may -'W -In " ,. r+kk ' ' s app scat n"Is rMce��ed b tie and C� npa� � E ee E F.S aff Reyiew� The G!eFk'e, ono shall distFib etc E;epies of appliratinn aR as te the t GOMpatibility with the o FeGreatieR master plaR, e or plan6, and GtheF goals andp9linive for the planning of the pity. Gepiec of the mini ate frem the 1 u���w Nviv�a. aR 2004 64, 11 23 2004) . 10-13-5: 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 Tfie petina�rO�ian ia`st� s� stant�� IF confo�ae with the �n�et plan approved nng�iie mapraaenc men,:r, �f�t�e�r�e��na�Pll� p�a���� © subs�at�a�ly era of©fiance��th�the concept plan new'concept pla eec!# 4 e:,submitted a00 app d . .. presctbed by0 3*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: (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. i. Aerial photograph illustrating the subject property and adjacent property within one-fourth (1/4) mile of the site. i Existing and pmpesed Znninn Existing zoning and owners of adjacent property. . Municipal limits. School district boundaries. . Property lines and dimensions. n". Residential lots with approximate dimensions. . Location of multi-family and single-family attached buildings. Footprints of nonresidential buildings. q. Front, rear, side yard and corner side yard setbacks. . Off street parking and loading areas, including number and dimensions of parking spaces, drive aisles and loading zones. ii Configuration and acreage of all land proposed as open space including storm water management areas, parks, buffers, and trail corridors. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, and similar public and quasi-public uses. Pedestrian and/or bicycle circulation systems. . Existing vegetation. . Limits of jurisdictional and nonjurisdictional wetlands. Limits of 100-year floodplain. Surface water including lakes, ponds, streams and drainage swales. 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. bb DFafF agreement of PL JD agFeement 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. 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. 8. Zoning plat. 9. 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 Mrrne dvlfirtra� 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. E.Plan Commission Review: The plan commission shall conduct a public heafifl9 eta '9 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 planned unit development. 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 heaFiRg mew ; and shall approve or deny the application for the planned unit development. G.Modifications to 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 considered to be either a major change or a minor change. 1. Minor changes are modifications that do not alter the concept or 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 his designee, if the proposed minor change does not result in the following: a. Any increase in density. b. Any change in circulation patterns or access. c. Any change in mixture of dwelling unit types. d. Any change in grading or utility provisions. e. Any change in the mixture of land uses. f. Any reduction of an amount of common open space, landscaping or buffering. 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 are modifications which alter the concept or intent of the planned unit development. Factors which shall be considered in determining whether a proposed change constitutes a major change include: a. Nonresidential components of a planned unit development: (1) The proposed change to the following components which constitute a greater than ten percent (10%) cumulative increase or decrease from that shown on the approved planned unit development plan: Acres of area used for nonresidential purposes. Gross floor area of a nonresidential building. Total gross floor area of all of the nonresidential buildings in the project. Total number of parking spaces for the project. (2) Change in location type or land use. (3) Change in type, number or location of a building. (4) Greater than a ten percent (10%) increase in the height of a building. (5) Change in the functional classification of a roadway. (6) Reduction in the acreage of open space or common open space. b. Residential components of a planned unit development: (1) The proposed change constitutes a greater than ten percent (10%) cumulative change in the number of dwelling units in the planned unit development, based on the approved preliminary planned unit development plan; or (2) The proposed change constitutes a greater than ten percent (10%) cumulative change in the height of any building or structure in the planned unit development other than single-family detached dwelling units, based on the approved preliminary planned unit development; or (3) Change in the location, size or types of dwelling units or land uses; or (4) Change in the functional classification of a roadway; or (5) Reduction in the acreage of open space. If a major change is requested, the applicant shall submit a revised preliminary PUD 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. (Ord. 2004-64, 11-23-2004) 10-13-6: DEVELOPMENT STANDARDS: 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. 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. Minimum size of property shall be ten (10) acres. 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: 1. Minimum size of any planned unit development property shall be ten (10) acres. 2. Business uses may be included as part of a planned residential development when applicable. 3. Use regulations: a. Uses proposed are consistent with those listed as allowable uses in the respective zoning districts. 4. Uses listed as special uses in the zoning district in which the development is located may be allowed. 5. Signs. In accordance with the regulations set forth in chapter 12 of this title. 6. 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 district in which the planned development is located, 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 located 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. 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. (Ord. 2004-64, 11-23-2004) 10-13-7: 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. (Ord. 2004-64, 11-23-2004) 10-13-8: 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. (Ord. 2004-64, 11- 23-2004) 10-13-9: REPEAL OF CONFLICTING ORDINANCES: Any and all other ordinances or parts of ordinances, in conflict herewith are repealed. (Ord. 2004-64, 11-23-2004) 10-13-10: EFFECTIVE DATE: This chapter shall be in full force and effect immediately after passage, approval and publication in book form according to law. (Ord. 2004-64, 11-23-2004)