The URL can be used to link to this page

Economic Development Packet 2006 05-25-06 Jzo oma, United City of Yorkville 800 Game Farm Road EST.IN -g° 1836 Yorkville, Illinois 60560 - G9 Telephone: 630-553-4350 6�\ : 5J Fax: 630-553-7575 MenMalt Cy ILE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, May 25, 2006 7:00 p.m. City Hall Conference Room Economic Development items are scheduled for the 1st Committee of the Whole meeting each month 1. Approval/Correction of Minutes: March 23, 2006 and April 27, 2006 2. EDC 2006-13 Building Permit Report for April 2006 3. PC 2006-31 Tuscany Plaza— Special Use and Variances 4. PC 2005-60 Bailey Meadows —Revised Preliminary Plan 5. PC 2005-53 Hudson Lakes —Annexation and Zoning 6. PC 2005-33 Chally Farm — Preliminary Plan 7. PC 2006-17 Grande Reserve Unit 18 —Final Plat 8. PC 2006-18 Grande Reserve Unit 19 — Final Plat 9. PC 2006-19 Grande Reserve Unit 20 — Final Plat 10. PC 2005-19 Harris Woods — Annexation and Zoning 11. PC 2005-52 Kleinwachter—Annexation and Zoning 12. PC 2006-22 Heartland Crossing —Annexation and Zoning 13. EDC 2006-14 Zoning Ordinance Amendment—Building Height Increase 14. EDC 2006-05 Ratos Development / Economic Initiative Agreement for Comeils and Route 47 15. Additional Business • 1 n c/r J2`.�E `o, United City of Yorkville 800 Game Farm Road EST.i _ ,1836 Yorkville, Illinois 60560 - * 17-------,_ Telephone: 630-553-4350 9 I Fax: 630-553-7575 AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING 7:00 p.m. City Hall Conference Room Please be advised that the regularly scheduled meeting for the month of May has been rescheduled to Thursday, May 25, 2006. Page 1 of 2 ECONOMIC DEVELOPMENT COMMITTEE Thursday, March 23, 2006 7:00 pm City Hall Conference Room Present: Alderman Marty Munns, Chairman John Phillipchuck Alderman Joe Besco John Martin City Attorney, John Wyeth Bill Shiner City Administrator, John Crois Paul Lieder Lynn Dubajic, YEDC Kevin Serafin Dan Kramer Dave Schultz The meeting was called to order at 7:00 pm by Chairman Munns. 1. Approval/Correction of Minutes: January 19, 2006 and February 16, 2006—The minutes were not approved because there were not enough Aldermen. 2. EDC 2006-07 Building Permit Report for January 2006—This will move on to COW. 3. EDC 2006-08 Building Permit Report for February 2006—This will move on to COW. 4. EDC 2006-05 Ratos Development/Economic Initiative Agreement for Corneils and Route 47—This will go to EDC in April. 5. PC 2006-16 MPI South Annexation and zoning—This is 916.44 acres with 1764 units on it with a density of 2.11 units per acre. It runs from Caton Farm Road to Ament Road. There is a 3 acre park site on the North end of the development and a bike path running throughout the development. There is a 13 acre commercial site at Rt. 47 and Wheeler Rd. There is a 23 acre commercial site at Rt. 47 and Walker Rd. There is a 45 acre commercial site at Rt. 47 and Caton Farm Road. There has been another change in the size of the school site. It is now a 67 1/2 acre site for a High School with a 10 acre park adjacent to the school site. The Aux Sable creek separates the Suburban area from the Transitional area. The largest homes are in the NorthWest corner of the development around Immanuel Rd. and Ament Rd. They are 12,000 square foot minimum lots with 80 foot and 85 foot minimum widths. Then there is an area of 11,000 minimum square foot lots, and an area of 10,000 minimum square foot lots with 70 foot and 75 foot minimum widths. There is a 5 acre fire station site and a 1 '/2 acre well and water tower site. The water tower will be a 5 million gallon standpipe. Bill Shiner talked about Commercial Developments. He said this is a good location for a commercial development and talked about the distance away from other major commercial developments. He talked about the Economic Impact of a commercial development such as this one. This will move on to COW on April 18th Page 2 of 2 7. PC 2006-09 Westbury East Village PUD Amendment and Preliminary PUD Plan —This is part of a previously approved Final Plat. There were some changes to the plan. There will be an access on Rt. 47, and the commercial portion of the development became larger. This will move on to COW. 6. PC 2006-08 Westbury South Village PUD Amendment and Preliminary PUD Plan - The Plan Commission was not happy with this proposal. There are lots as small as 6,900 square feet in this development. Normally 10,000 square foot lots are the smallest the City allows. The Golf Course in this development will be open to the Public rather than being a private course. This will move on to COW. 8. -PC 2005-65 Fountain Village—Final Plat—This will move on to COW. 9. PC 2004-33 Silver Fox—Preliminary Plan—This will be R2 zoning on 102 acres. There was a concern about the 6 cul de sacs within this plan. 5 developers will be bringing the water and sewer through as well as the Greenbriar extention. There will be conservation easements in the rear of the yards. This will move on to COW on April 18th 10. EDC 2006-09 Sign Ordinance—The Aldermen felt lower signs were better. The redraft could be part of the facade program. This will come back to EDC. There was a survey in the packet on this topic for the Aldermen to fill out and submit before the next meeting. 11. EDC 2005-02 Econimic Incentives for Commercial/Industrial Business Update—The policy has been posted on the City website as well as the YEDC website. It will also be in the EDC newsletter. It is being referred to on a regular basis. For new or existing small business there is a mentoring program available through Waubonsee Community College. The consulting will be at no cost. It is a joint effort between the Chaimber of Commerce and YEDC. They will not have competitors mentoring eachother though. This will come back to EDC. 12. Additional Business—None. The meeting was adjourned at 8:30 pm. Minutes submitted by Laura Leppert. Page 1 of 2 ECONOMIC DEVELOPMENT COMMITTEE Thursday,April 27, 2006 7:00 pm City Hall Conference Room Present: Alderman Marty Munns, Chairman Pete Huinker, Smith Engineering Alderman Joe Besco Rick Thiemke,New Life Church Alderwoman Valerie Burd Scott Mai, Smith Engineering Alderman Jason Leslie Rick Murphy, Pasquinelli Homes City Attorney, John Wyeth Steve Hornik, HRM Properties City Administrator, John Crois James Olguin, Kendall Creek Travis Miller, Community Development Director Dan Harper, Kendall Creek David Schultz, SEC David Knott, Kendall Creek Vince Rosenova The meeting was called to order at 7:00 pm by Chairman Munns. 1. Approval/Correction of Minutes: January 19, 2006 and February 16, 2006—Under item #2 of the February minutes, there was a question about the priority of an SSA that would be paid off at the time of closing, it was thought this was the only type of SSA that would be allowed. The minutes were approved. 2. EDC 2006-07 Building Permit Report for March 2006—This will move on to COW. 3. EDC 2006-11 Jefferson Street/Route 47—IDOT Improvement Concept Plans — Option#3 was preferred by the City staff The ownership of the land would have to be determined by the City and the County and have IDOT's approval. This will move on to COW on May 3. 4. EDC 2006-05 Ratos Development/Economic Initiative Agreement for Corneils and Route 47—This is off the Agenda. 5. PC 2005-34 Evergreen Farm—Annexation, Zoning, and Preliminary Plan—This is off the Agenda. 6. PC 2006-20 Pulte Homes—Westhaven—Amendment to Annexation and PUD Agreement and Zoning—There were some changes to the areas South of the Power lines. There was an increase in the amount of Commercial area and an increase in the amount of age targeted homes. There was a decrease in the area of traditional neighborhood. There will be no attached product in the age targeted section and they will 5,000 square foot minimum lots. There will be a backup SSA and there will be private roads running throughout. There will be price points in the $200,000 - $300,000 range. There will be pedestrian access from the age targeted area to the Commercial portion. This will be off the agenda until it goes through the Public Hearings on May 19. Page 2 of 2 7. PC 2006-25 New Life Church—Annexation and Zoning—The 23 acre R1 portion would include a church and religious school site. The B3 portions currently total 24.29 acres of the property. The developer had a letter of intent from the Tillers. The Plan Commission does not like the intersection on Galena Rd. Also, the more intense uses in the Commercial could be excluded in the agreement. This will move on to COW on May 2. 8. PC 2006-01 Grande Reserve Unit 14—Preliminary/Final Nat—This is 11.48 acres with 44 units. There will be 11 Front load Townhomes. There is a 5.31 acre park. This will move on to COW on May 2. 9. PC 2006-04 Grande Reserve Unit 15—Preliminary/Final Plat—This is a 19 acre site with 16 buildings/70 units that are rear load court homes. There is an 8.8 acre park site. This will move on to COW on May 2. 15. PC 2006-06 Grande Reserve Unit 16—Preliminary/Final Plat—This is North of 34. It is 106 acres with 159 units. There will be improvements to Rt. 34. This will move on to COW on May 2. 10. PC 2006-14 Cozy Corner Subdivision (HRM Properties)—Final Plat—This is to remove the subdivided lots to make this into 1 large lot. The application for 3 monument signs has been withdrawn. This will move on to COW on May 2. 11. PC 2005-53 Hudson Lakes—Preliminary Plat—This will be a mix of products because it will have multiple builders. This will move on to COW on May 2. 12. EDC 2006-09 Sign Ordinance—There is no new information right now. Travis Miller said he needs the Aldermen to fill out the survey in the packet. This will go EDC in June. 13. EDC 2006-12 Revised PUD Ordinance—The revised ordinance would make a PUD a zone map amendment. This revision gives the developer an entitlement of the density and dwelling unit numbers at the Concept phase. Travis Miller suggested removing the minimum size requirement for a PUD. Approval of the Concept, density and dwelling unit numbers. The Preliminary Plan would have to be substantially in conformance with the Concept Plan or it would be deemed a Major Change and a new Concept Plan would have to be submitted. 14. EDC 2005-02 Economic Incentives for Commercial/Industrial Business Update—This will move to the May EDC. 16. PC 2006-02 Yorkshire Estates —Final Plat—This will move on to COW on May 2. 17. PC 2006-21 Villas at the Preserve—Final Plat—This will move on to COW on May 2. 18. Additional Business —Joe Besco asked about the current sign ordinance. There is a fiberglass pool being used as a sign on Rt. 47. Bill Dettmer will be asked about this. Valerie Burd asked about the signs for Sawmill Pizza. Maybe Lynn Dubajic can work with the owner to arrange more permanent signs. The meeting was adjourned at 8:30 pm. Minutes submitted by Laura Leppert. BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning April 2006 Typesof Permits P 't 2-Family Commercial Number of Permits Issued SFD tsegumu,g2005, Multiple-Family (Begi,udng2006,Category Industrial Miscellaneous Total Construction Cost 2 Permite=1 Structure) iacIules Bnildouts) April 2006 165 100 2 0 2 0 61 $17,046,556.00 Calendar Year 2006 540 321 20 3 14 0 182 $61,070,033.00 Fiscal Year 2005 1571 767 26 9 36 0 733 $158,515,422.00 April 2005 105 30 0 0 6 0 69 $8,701,245.00 Calendar Year 2005 t 317 126 5 0 16 0 165 $33,701,456.00 Fiscal Year 2004 1089 464 5 0 34 1 580 $113,914,016.00 April 2004 112 54 0 0 0 0 58 $8,265,961.00 Calendar Year 2004 2 272 132 3 0 3 0 133 $25,025,595.00 Fiscal Year 2003 951 396 15 7 29 0 503 $93,574,922.00 April 2003 97 30 2 0 4 1 60 $8,562,993.00 Calendar Year 2003 215 96 3 0 8 1 107 $23,778,401.00 Fiscal Year 2002 780 285 7 2 37 2 447 $63,513,490.00 April 2002 97 26 0 2 1 0 68 $7,221,219.00 Calendar Year 2002 3 241 95 2 2 16 0 126 $21,788,229.00 Fiscal Year 2001 600 228 9 5 33 2 321 $64,869,148.00 1 Permit Number Y-05-0012 was voided,thus only 317 of 318 assigned permit numbers were actually used ‘ 2 Permit Number y-04-097 and Y-04-098 were issued for each side of a duplex,only 1 structure was built. (�✓'` 3 Permit Number Y-2002-034 was voided,thus only 241 or 242 assigned permit numbers were actually issued. � j j Note: Miscellaneous permits include such items as additions,remodelling,sheds,decks,RPZs,and municipal projects. `t '` Report prepared by: Barbara J.Dettmer,MCP/Department of Building Safety and Zoning �J . BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning March 2006 AMENDED* ...................................................... Types of Permits 2-Family Commercial Number of Permits Issued SFD (Beginning 2005, Multiple-Family (Beginning 2006,category Industrial Miscellaneous Total Construction Cost 2 Permit=I Structure) include%Bnildouts) March 2006 162 107 2 0 5 0 48 $16,173,506.00 Calendar Year 2006 375 221 18 3 12 0 121 $44,017,677.00 Fiscal Year 2005 1406 667 24 9 34 0 672 $141,463,066.00 March 2005 111 56 5 0 4 0 41 $13,220,330.00 Calendar Year 2005 t 212 96 5 0 10 0 96 $25,000,211.00 Fiscal Year 2004 t 984 436 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 $16,759,634.00 Fiscal Year 2003 23 839 342 15 7 29 0 445 $85,308,961.00 March 2003 46 22 1 0 3 0 20 $5,358,938.00 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 $14,567,010.00 Fiscal Year 2001 503 202 9 3 32 2 253 $57,647,929.00 t Permit Number Y-05-0012 was voided,thus only 212 of 213 assigned permit numbers were actually used. 2 Permit Number Y-04-097 and Y-04-098 were issued for each side of a duplex,only 1 structure was built. 1I I Permit Number Y-2003-324 was voided,thus only 412 or 413 assigned permit numbers were actually issued. Permit Number Y-2002-034�� was voided,thus only 144 or 145 assigned permit numbers were actually issued. *AmendedNtoote:Miscelfane Yus p�nn s dclu e sue titem°e as auditions,remode ng,sheds,decks,RPZs,and municipal projects. Report prepared by: Barbara J.Dettmer,MCP/Department of Building Safety and Zoning BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety February 2006 AMENDED* ofPermits Types 2-Family Number of Permits Issued SFD (Beginning 2005, Multiple-Family Commercial Industrial Miscellaneous Total Construction Cost 2 Permits=I Structure) February 2006 100 60 4 0 3 0 33 $5,732,425.00 Calendar Year 2006 213 114 16 3 7 0 73 $27,844,171.00 Fiscal Year 2005 1244 560 22 9 29 0 624 $125,289,560.00 February 2005 55 16 0 0 1 0 38 $5,730,131.00 Calendar Year 2005 t 101 40 0 0 6 0 55 $11,779,881.00 Fiscal Year 2004 873 380 0 0 24 1 470 $91,992,441.00 February 2004 41 19 0 0 1 0 21 $4,497,798.00 Calendar Year 2004 91 46 0 0 3 0 42 $10,228,279.00 Fiscal Year 2003 770 310 12 7 29 0 412 $78,777,606.00 February 2003 36 20 0 0 0 0 16 $3,350,501.00 Calendar Year 2003 72 42 0 0 1 0 27 $9,856,470.00 Fiscal Year 2002 637 233 4 2 30 1 367 $49,591,559.00 February 2002 43 20 0 0 5 0 18 $4,501,948.00 Calendar Year 2002 77 35 2 0 10 0 30 $8,345,648.00 Fiscal Year 2001 436 168 9 3 27 2 225 $51,426,567.00 f Permit Number Y-05-0012 was voided,thus only 101 of 102 assigned permit numbers were actually used. *Corrected February 2006 number of permits and construction cost totals. 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 ic ,„ED CIT.i, Reviewed By: il ©-e+ Legal ElCity Council EST n P'E _1836 Finance ❑ .��_ Engineer ❑ ® City Administrator ❑ Agenda Item Tracking Number j: l � �_��- '' =O Consultant ❑ 1- � ,>��(�.�' �; 1.4 Kencill Casty SCE ,,'�� Human Resources ❑ City Council Agenda Item Summary Memo Title: Tuscany Plaza— Special Use and Variances City Council/COW/Committee Agenda Date: May 25, 2006 Synopsis: B-2 Special Use Request for more than 2 single family use in business; Variances for Zoning Ordinance requirements 10-7C-4 B and C, 10-7C-5, 10-11-4, and 10-11- 13 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 of special use and variances May 10, 2006 United City of Yorkville Memo o i 800 Game Farm Road Esi: 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 any 0 Fax: 630-553-3436 E t Date: May 18, 2006 To: Economic Development Committee From: Travis Miller, Community Development Director Subject: Tuscan Plaza Request: Special Use and Variances Background: 1. Plan Commission reviewed May 10, 2006 and moved 5 ayes 1 nay to forward a recommendation to approve the request subject to staff comments to City Council. Staff Comments: 1. B-2 Special Use Request(10-7C-2): To allow single family use in business building. Recommendation: Approve variance request based on the proposal's consistency with Downtown Vision Plan. The YAS Vision Plan suggests opportunity for multi-family residential housing and retail store fronts within major development between Hydraulic and Van Emmon and recommends retail on first level with residential uses above as this request proposes. 2. Variance requests: 1. A decrease from 20 feet to 0 feet for the rear and side yard setbacks (10-7C-4 B and C). Recommendation: Approve variance request based on the proposal's consistency with Downtown Vision Plan. 2. An increase in lot coverage from 80%to 90% (10-7C-5). Recommendation: Approve variance request based on the proposal's consistency with Downtown Vision Plan. 3. To reduce the minimum parking lot aisle from 24 feet to 22 feet 4 inches (10-11-13). Recommendation: Approve variance request. Parking isle width reduction has been reviewed by Engineering and based on the garage being a private facility and users being familiar with the conditions,there are no safety concerns. 4. To reduce the amount of required off-street parking spaces from 44 to 29—Retail uses requires 24 spaces and residential use requires 20 spaces (10-11-4). Recommendation: Approve variance request. Parking requirements for downtown area, if enforced on a per parcel basis, would be inappropriate and result in less dense development patterns in the downtown district. This burden should not be placed on each parcel independently. Parking needs to be accommodated by shared parking areas as it is currently served and the Downtown Vision Plan recommends. As redevelopment occurs in the downtown area, the City will need to identify more common/shared parking facilities within walking distance to the district. it- `4,. Cil. Reviewed By: , . i 0 Le al ❑ City Council .' g o a r Finance ❑ EST. E 1836 Engineer ❑ Agenda Item Tracking Number 4 ` L.L `- City Administrator Ll 9County �O Consultant ❑ - ('' ti.,, t��, Human Resources ❑ City Council Agenda Item Summary Memo Title: Bailey Meadows—Preliminary Plan Revision City Council/COW/Committee Agenda Date: May 25, 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 May 10, 2006 c,o 2s� 0tr o, United City of Yorkville Memo AS &, "t' 800 Game Farm Road EST.itt3 ` ' 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 pp Fax: 630-553-3436 4LE % > Date: May 18, 2006 To: Economic Development Committee From: Travis Miller, Community Development Director Subject: Bailey Meadows Request: Preliminary Plan Revision Background: 1. Plan Commission reviewed May 10, 2006 and moved unanimously to forward a recommendation to approve the request subject to staff comments to City Council. Staff Comments: 1. This revision of Preliminary Plan only affects the commercial portion of the Bailey Meadows subdivision. 2. The primary purpose for revisions is to change access locations from Route 47 based on staff recommendations. 3. In order to accommodate the revised commercial area configuration, a 1.0:1.0 compensatory storage ratio is being requested. The Compensatory Storage Ordinance requires 1.5:1.0. The ordinance allows City Council to permit modifications of this standard at their discretion upon consideration of the following seven (7) criteria: a. The modification in Standard will not increase the probability of flood damage or create an additional threat to the public health, safety, and welfare. b. The modification must be demonstrated to provide a net watershed benefit when compared to the existing condition. A net watershed benefit may be defined in one of the two following ways: 1. The modification will substantially reduce downstream peak discharges (more than 10%); or will reduce downstream flood stages (more than 0.1 foot); or will reduce damages to downstream structures. This benefit must be demonstrated through a detailed hydrologic and hydraulic analysis of the watershed on a regional scale as approved by the City Engineer. 2. The modification will provide significant environmental and recreational benefits. Environmental and recreational benefits considered would be the meandering of channels, the creation of wetlands or other natural areas, and the implementation throughout the development of Best Management Practices with respect to stormwater management and stormwater quality. c. The modification in Standard is the minimum required considering each of the following statements of policy and there are no means other than the requested modification by which the demonstrated hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development. 1. Site storage of floodwater shall also contribute to the improvement of water quality. 2. High quality natural areas shall be preserved on the site, including without limitation, stands of native trees, existing wetlands, depressional storage or other valuable environmental and biological resources. d. The modification is not requested solely for the purpose of increasing density of the development or impervious surface areas on the site. e. If applicable, the modification is required due to unique, natural topographic features of the site. f. The applicant's circumstances are not self-imposed. g. No modification shall be granted for any development in the regulatory floodway resulting in regulation less restrictive than the federal or state minimum standards applicable to development in such areas. 4. Rob Roy Creek Enhancement-A fish community evaluation conducted September 2005 along the Rob Roy Creek from Galena Road to the Fox River recommends stream enhancements 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. The Rob Roy Creek Corridor Plan detailing these enhancements has been prepared for the City by Schoppe Design Associates (SDA). Recommendation: Approve Preliminary Plan revision and allow the proposed 1.0:1.0 compensatory storage provided the Rob Roy Creek(RRC) enhancements proposed by the RRC Improvement Plan prepared by SDA March 21, 2006 are incorporated into the commercial area site plan when submitted. This requirement should be referred to by note on the final plat. • let 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 FAX: 630/466-9380 www.eeiweb.com Engineering Enterprises, inc. May 4, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: "Revised"Preliminary Plan Review, Bailey Meadows, (IRED Baseline, LLC), United City of Yorkville Dear Joe: We have reviewed the revised Preliminary Plan submittal for the referenced property consisting of the following materials: • Preliminary Engineering Plans prepared by SPACECO, Inc. with latest revision date of February 1, 2006. • Preliminary Plat of Subdivision prepared by SPACECO, Inc. with latest revision date of February 1, 2006. • Preliminary Plat of Subdivision of Bailey Meadows Commercial Area prepared by SPACECO, Inc. with latest revision date of April 11, 2006. • Preliminary Landscape Plan prepared by Gary R. Weber Associates, Inc. with latest revision date of February 6, 2006. • Annexation Agreement dated July 13, 2004 between the United City of Yorkville and IRED Baseline, LLC. Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in- depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. Consulting Engineers Specializing in Civil Engineering and Land Surveying We offer the following comments: Preliminary Plat 1. The proposed revisions to the overall Preliminary Plat affect the commercial area only. The 189 detached single family lots and the 153 attached single family units comply with the Annexation Agreement and previously approved Preliminary Plat. 2. We believe the Preliminary Plat for the Bailey Meadows Commercial Area as presented addresses the staff concerns discussed with the developer at Plan •. Council. The proposed revisions to the commercial area appear feasible subject to City approval with regard to comments 6 and 7 below. Preliminary Engineering Plan 3. We believe that all easements are now in place which will provide for the construction of the Roy Roy Interceptor Sewer. 4. At this time, it appears the best available routing for the 2 water main extensions to serve this property are 1) across Route 47 from the North Tower location into the Del Webb property, then northerly along the westerly side of Route 47 to this property and 2) across Galena Road from the Westbury development, through Del Webb/Pulte and into the southerly westerly side of Bailey Meadows. This routing will have to be addressed in the Final Engineering plans for both developments. 5. Prior to the finalization of the above discussed water main routing, the City needs to secure the final intentions of Pulte/Del Webb with regard to the extent of their residential developments and whether or not there will be any street connections across the ComEd property between Bailey Meadows and Pulte/Del Webb. If no road connections are to be completed, the extensions of Wainwright Lane and Clarence Lane southerly of Bedford Street should be eliminated. If this is the case, we recommend that the City consider utilizing Wainwright Lane southerly of Bedford Street as an off street parking facility for the adjacent park. Lot 67 should thereby be reduced in width and adequate landscaping provided between the parking lot and the house. Stormwater Management 6. In light of the recently issued Rob Roy Creek Fish Community Evaluation (September, 2005), an issue that remains to be discussed is a potential minimum setback from Rob Roy Creek to the proposed commercial development. A proposed cross section has been furnished which should be reviewed by the City's Wetland Consultant, and comments offered. G:\Public\Yorkville\2002\Y00223 Runge Property-Rt.47 and Baseline\docs\Iwywrot05.doc 7. The revised Preliminary Plan also shows a revised Route 47 access location and revised compensatory storage area in accordance with a meeting held March 15, 2005 regarding Route 47. In order to accommodate the increased commercial area, a 1.0/1.0 compensatory storage ratio is being proposed which will need to be authorized by the City in accordance with the City's Compensatory Storage Ordinance. The location of the proposed compensatory storage area is also not immediately adjacent to the floodplain area being filled which will also need to be addressed in the City's deliberations. If you have any questions or require additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. IJohn T. Whitehouse, P.E., P.L.S. Senior Project Manager pc: Bart Olson, Assistant City Administrator Lynsey Johnson, Administrative Assistant Travis Miller, Community Development Director WED/JWF, EEI Mike Mondus, P.E. SPACECO IRED Baseline, LLC G:1PublicWorkville12002\YO0223 Runge Property-Rt.47 and Baseline\docs\Iwywrot05.doc ®, tD Co.` Reviewed By: J� 0� Legal ❑ City Council J W Finance ❑ m EST.I 1836 ,..— Engineer ❑ 091T. City Administrator ❑ Agenda Item Tracking Number p Consultant ❑ P C- .9c c. _) ` Kmtlri Cws Y j<CE ®`'vim= Human Resources El City Council Agenda Item Summary Memo Title: Hudson Lakes–Annexation and Zoning City Council/COW/Committee Agenda Date: May 25, 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 February 8, 2006 (------%***N\HAD cUnited City of Yorkville Memo t r 800 Game Farm Road 1836 Yorkville, Illinois 60560 ^--- - Telephone: 630-553-8545 6 ill — q Fax: 630-553-3436 4741.E 1V~ Date: May 18, 2006 To: Economic Development Committee From: Travis Miller, Community Development Director Subject: Hudson Lakes Request: Annexation and Zoning Background: 1. Plan Commission held public hearing for Annexation and Zoning February 8, 2006 and moved unanimously to forward a recommendation to approve the request subject to staff comments to City Council. 2. EDC reviewed February 16, 2006 and requested petitioner to discuss necessary improvements to State Route 126 with IDOT prior to finalizing annexation agreement. 3. Plan Commission held public hearing for Preliminary Plan April 12, 2006 and moved unanimously to forward a recommendation to approve the preliminary plan request subject to staff comments to City Council. 4. EDC reviewed Preliminary Plan April 27, 2006 and forwarded to COW. 5. COW reviewed Preliminary Plan May 2, 2006 and forwarded to City Council 6. City Council approved Preliminary Plan May 9, 2006. 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 and including provisions to signalize the Penman/Route 126 intersection. Recommendation: approve annexation agreement including staff revisions and subject to legal review. STATE OF ILLINOIS ) DRAFT 5-1 8 06 (Deleted:5 )SS t Inserted:5 COUNTY OF KENDALL ) i Deleted:2 Inserted:2-06 l Deleted:3-6-06 ANNEXATION AGREEMENT OF KENDALL CREEK DEVELOPMENT,LLC 1 Deleted: Revised 5-4-06¶ AND THE UNITED CITY OF YORKVILLE `Inserted:Revised 5-4-06 (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 ,compliance with the Final Engineering as approved by the CITY for each 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 Deleted:and Yorkville-Bristol shall to their approval, and the sanitary sewer lines which are less than eighteen inches in take ownership of and,at its expense,be diameter("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership �responsible for the ongoing care, maintenance,replacement and renewal of of and, at its expense, be responsible for the ongoing care, maintenance, replacement and said Large Lines renewal of said Small Lines following the city's acceptance thereof, which acceptance shall [Deleted:is permitted not be unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY l Deleted:,however, to the sanitary sewer lines adjacent to the PROPERTY until such time as the proposed Deleted:once the southeast interceptor Southeast Interceptor is available at the property line of the PROPERTY. The OWNER has been constructed,the OWNER will agrees to cooperate with the City regarding the Southeast Sewer Interceptor project. The disconnect from Raintree Village and the property OWNER„shall provide a letter from the Raintree Village Developer aereeinu to allow the Inserted:the OWNER will disconnect OWNER to temporarily connect to the Raintree Village Sewer System that is tributary to the from Raintree Village and Commonwealth Edison interceptor. The total flow combined from the Prestwick of Deleted:.The Yorkville and Hudson Lake developments via the temporary lift station to Raintree Village Deleted:City represent that the sewer cannot exceed 460 single-family homes. Build-out of Hudson Lakes beyond that number lines and the sanitary system presently will need to wait until connection is made to the future Aux Sable Creek sanitary pump have the capacity to service the property and station. The build-out of Hudson Lakes Subdivision beyond that numberwill be permanently I Deleted:total flow combined from the connected to the southeast interceptor at the OWNER'S expense. The OWNER will not P h Prestwick of Yorkville and Hudson Lake receive any credit for the cost of work related to temporary sanitary connections,. In the event developments via the temporary lift station to Raintree Village cannot exceed the OWNER advances the cost for the design work necessary for the southeast interceptor, 460 single-family homes. Build-out of the City would credit the OWNER, its successors or assigns for sewer connection fees that Hudson Lakes beyond that number will need to wait until connection is made to would be charged to the users on this property at the time that those sewer connection fees the future Aux Sable Creek sanitary would be due. pump station. Inserted:total flow combined from the 4. WATER. Prestwick of Yorkville and Hudson Lake developments via the temporary lift station to Raintree Village cannot exceed 460 single-family homes. Build-out of The CITY shall provide adequate potable water in sufficient quantities and pressure to Hudson Lakes beyond that number will serve the needs of the PROPERTY. One of the potable water connections will occur pear the need to wait until connection is made to northwest corner of the property at the eastern edge of the development commonly known as the e fpture Amp station..Sable Creek sanitary Raintree Village. The OWNER agrees to provide easements for water utilities as may be Deleted:the City will provide that necessary. The OWNER may be required to install in-house PRV's until the new pressure sanitary sewer capacity for purposes of zone is established and is required to remove said PRV's once the new pressure zone is serving the property. established. The OWNER may be required to provide an easement on the property at a Deleted:shall Deleted:at 3 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 These fees {Deleted:x specifically include but are not limited to School Transition fees per residential dwelling unit Inserted:x". These fees specifically 1 in said PROPERTY as voluntarily agreed to by OWNER to the Yorkville Community School include but are not limited to District #115; City Development fees per residential dwelling unity 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 building permit issuance j District Fee; Library Fee; as well as other published fees to the CITY in conformance with Deleted: in effect at time of Final Plat 1 approval payable at Final Plat recording City Ordinances or as modified herein, including but not limited to City Reimbursement of 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 at the time of application for,,the issuance of each respective single-family building permit. Deleted:concurrent with and However. OWNER may, at its sole discretion, prepay any required fees. Said fees are being Deleted:priorto 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"C'voluntarily. {Deleted:x II nserted:x" B. The City and School District donations shall be as follows; Deleted:OWNER shall pay Two Thousand Dollars(S2,000.00)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 Plat attached hereto and incorporated herein by road impact fee may be reduced in accordance with the terms of this reference as Exhibit "B", for which OWNER shall receive a park donation credit in equal Annexation Agreement.¶ amount to the park site and proposed trail system. OWNER shall pay all school and park land-cash fees or provide land 2. OWNER agrees to dedicate to the City Yorkville Community School District dedication as required under the present #115 a School Site at the location and acreage amount shown on the Preliminary Plat CITY rainances at the election of the attached hereto and incorporated by reference as Exhibit "B", for which OWNER shall I Deleted:forever receive a school site donation credit equal to the amount of the school site. ; Comment:Attach legal description of property to be accepted. 3. CITY agrees to accept ownership of and to,maintain the proposed trail system ;Deleted:Attachment within the PROPERTY as described by,Exhibit'D". Deleted:x 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.¶ OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior Comment:Section 5.D is covered by 1 to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have l Section 8. approved ordinances encumbering all residential units of said subdivision, as to common i 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 reimbursed by the CITY,or be the subject of a Recapture Agreement and D. fIntentionally deleted Recapture Ordinance in favor of OWNER before OWNER is required to perform any oversizing or additional road E. Upon annexation, police protection, 911 service, and library service will be l improvements {Deleted:. 4 provided by the City, (Deleted: at no charge to the OWNER F. [Intentionally deletedl Deleted:The OWNER shalt pay a Fire District Fee of One Thousand Dollars (S1,000.00)per home.One half of said G. The OWNER shall fund the construction of traffic signals at the Route 126 fee(5500.00 per unit)shall be due and and Penman Road intersection. A bond in the amount of 110% of the estimated cost of payable for the first phase of the development in a lump sum at the time of engineering the traffic signal shall be deposited with.the CITY prior to Final Plat approval of final plat recording.The balance for the firstphase of the development to be recorded. The owners of each residential lot within additional phases,if any,shall be paid at the building permit stage. The OWNER the Hudson Lakes Subdivision shall pay their proportionate share of 110% of the estimated shall pay the Library Fee of Five Hundred cost of the entire construction of the traffic signal improvement.to thetime ofm CITY at the Dollars(S500.00)per hoe. One-half of psaid fee or Two Hundred Fifty Dollars application for the issuance of a building permit. Proportionate share,for the purposed of this (5250.00)per unit shall be due and paragraph, shall be calculated by dividing 110% of the estimated cost of construction of the payable for the first phase of the development in a lump at the time of final traffic signal improvement by the total number of approved residential lots within the Hudson plat recording. The balance for additional Lakes Subdivision. ,Final construction of the signal is subject to IDOT warrant and approval phases,if any,shall be paid at the j building permit stage Of the signal. (Comment:Need to determine timing ofi this construction and include in this H. The CITY shall not require the OWNER to donate any land or money to the (agreement. CITY or any other governmental body, except as otherwise expressly provided in this Deleted:to Agreement. Deleted: Inserted: the CITY prior to Final Plat I. Notwithstanding the provisions of this Annexation Agreement, the only fees approval of the first phase of the development to be recorded. that are due and owing the CITY are those fees set forth in Exhibit"C" attached hereto and Deleted:shall be incorporated herein by reference. Deleted:deposited to the CITY upon issuance of 50%of the building permits. 6. SECURITY INSTRUMENTS. Inserted:deposited to the CITY upon issuance of 50%of the building permits. OWNER shall deposit, or cause to be deposited, with the CITY such irrevocable c Final construction of the signal is subject to IDOT warrant and approval of the letters of credit or surety bonds ("Security Instruments") on the standard forms of the City signal. and as long as said instruments meet the CITY requirements, to guarantee completion and Deleted: G. [Intentionally deleted]¶ 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 i Deleted:C 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 pf the completed work, so long as the balance remaining I Deleted:of the 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 Development,as mutually I Deleted:at the sole discretion of the agreed upon by the OWNER and the CITY. The City shall determine the timing of the ;OWNER 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 5 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 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 lines4. In the event OWNER seeksDeleted: and any engineering fees,and said reimbursement, the parties agree separately that Recapture Agreement shall be l other costs associated therewith executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Deleted:the 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. 1 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, r 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. 6 J 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 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 Paragraph,,S above. Deleted:: Deleted:5 D Deleted: 11. FEES AND CHARGES. Deleted:and 7 During the first five (5) years following the date of the Agreement, the CITY shall {Deleted:four(4) impose upon and collect from OWNER, and their respective contractor4, only those permit, {Deleted: and suppliers impact,tap on and connection fees and charges, and in such amount or at such rate, as are in CDeleted:license, 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 "ag'. At the expiration of this five,year term, the CITY Deleted:c shall give the OWNER a six (6) month grace period from the date they are notified of any rDeleted:four 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 "Offsite 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 upon proof to the CITY the OWNER has demonstrated to the Bristol Deleted:submission of a temporary Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are hold harmless letter J 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: Iso' 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 8 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 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 IMPROVEMENTS. A. 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 9 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 whether the utility lines will be buried or re-located overhead. B. The CITY agrees to allow the following deviations from CITY standards: • [Deleted: 1. Allow up to 4.35 feet of bounce in any retention/detention basins; - {Formatted:Numbered+Level:1+ 2. Allow up to 2.30 feet of bounce in any retention/detention basins between the Numbering Style:A,B,C,...+Start normal water level and high water level corresponding to the Ten-Year at:. 2+ ab after:Left+Alignedeat: g p a 0.5"+Tab after: 1"+Indent at: 1" Frequency Storm: Formatted:Numbered+Level:1+ 3. Allow reduction in the minimum size of retention/detention basins to 1.1 7 Numbering Style:1,z,3,...+Start acres; 1, at:1+Alignment:Left+Aligned at: l0.5"+Tab after: 1"+Indent at: 1" 4. Allow all slopes pertaining to retention/detention basins adjacent to single family home lots to be 5:1 (20%)from high water to normal; 5. Allow all slopes pertaining to retention/detention basins not adjacent to single Deleted:<#>Allow reduction in the family home lots to be 4:1 (25%)from high water to normal;and 1 minimum buffer area for retention basins 6. Allow reduction in the tninimum buffer area for retention/detention basins to twenty ,I (wet ponds)tofive(5)feet from a (20)feet from a single family lot property line. property line.¶ ,The areas affect by the requested deviations are identified on attached Exhibit"E". {Deleted:The CITY hereby grants any �i necessary variances to the CITY subdivision and/or Improvement C. Within 30 days of a written request from the United City of Yorkville,which ordinances as they relate to street block lengths in order to conform with the includes legal descriptions and exhibits as necessary, the OWNER :'SHALL" grant proposed Preliminary Plat.¶ permanent and temporary construction easements as necessary for the construction of ¶ The CITY agrees to allow up to four extension of City utilities and appurtenances and/or other utilities to serve the subject feet(4')of bounce in any wet stormwater j property and other properties within the City of Yorkville,. However, OWNER shall not be management facility. required to grant any of the above referenced easements if those easements extend beyond the i Deleted:a building setback lines on any residential lot identified on the preliminary plat or preclude the I Formatted:No underline,Font use of any residential lot for residential purposes. This obligation shall not extend to or be color:Auto Deleted: " binding upon any subsequent purchasers of any of the lots., I Formatted:No underline,Font color:Auto D. Within 30 days of a written request from the United City of Yorkville, which. ncludes l descriptions and exhibits as necessary. the OWNER or DEVELOPER I Formatted:No underline,Font � legalp I color:Auto ""SHALL" convey by Warranty Deed.fee simple title of future highway or road right of way r �, Deleted: to the United City of Yorkville as necessary. regardless of whether or not these right of way I needs have been reviously identified in this agreement. Such re uest for conveyance of Formatted:No underline,Font I P q color:Auto J right of way shall have no impact on any previously entitled land development density, Formatted:Indent:Left: 0",First However. OWNER shall not be required to grant any of the above referenced easements if line: 0" those easements extend beyond the building setback lines on any residential lot identified on Deleted:or DEVELOPER the preliminary plat or preclude the use of any residential lot for residential purposes. This (Deleted:" obligation shall not extend to or be binding upon any subsequent purchasers of any of the Formatted:No underline,Font lots. color:Auto {Formatted:Indent:First line: 0.5" Deleted:" 16. MASS GRADING AND PLAN REVIEWS. Inserted:"Within 30 days of a written request from the United City of A. Pursuant to the existing CITY ordinances on the date of execution of this Yorkville,which Agreement, a Soil Erosion Control Permit will be issued after preliminary plat approval to Deleted: in allow OWNER to commence earth work after the permit is issued and after OWNER posts ♦Inserted: in Deleted:" 1 10 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 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 11 Burr Ridge,Illinois 60527-0860 Telephone(630)655-6000 Deleted.¶ Facsimile(630)655-9808, {Formatted:Indent:First line: 0" 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 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, 12 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. 5/11-15.1-1,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. I. 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 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. 13 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: 14 EXHIBITS EXHIBIT"A" Legal Description of Property EXHIBIT"B" Preliminary Plat EXHIBIT"C" Fee Schedule, Deleted:Fee Schedule EXHIBIT"D" Trail System Maintained by City ,EXHIBIT"E" Area of Deviation from Standards (Deleted: 15 EXHIBIT "A" TO ANNEXATION AGREEMENT FOR THE HUDSON LAKES SUBDIVISION LOCAL PflONI THAT PART C F THE REST PlAixCIF SES 70, rorissuP 36 NOM RAN 7 EAST OF THE TTI?PRMICPAL ACRI01414 DESCRIBED AS MOTCtA NANYC7I AT THE SOLITHREST CONE II LF SAID SECTIO* THENCE NORTH 0 DECREES 04 MUTES 21 SECOVDS PEST ALCM THE PEST.VC 17 SW=nog MAN FEET W RE NORTH LAME CF THE SOUP!HALF OF PC SOWN .HALF OF me NORTH HALF OP TIC SCJTHTCST QtMR77 RR CAF SAAR 5EC7IEW AHD lit PONT CF 6CWINAta mkt CONT N3 NORTH 0=Ras 04 MINUTES 21 SECC kRS NEST ALONG TIC NEST LIME CIF SAID SECTION 25065$FEET TIC NORTH 88 DEGREES 35 ABIAITES 46 SECONDS EAST 2552:37 FEET TO THE EAST Lit Or lit NCR7XfIEST swim Or SAW 7I CE SOUTH 0DECREES 19 MINUTES 10 SECO= IIES7 ALONG TE EAST Lit LIF" eitonowsr clomp AND THC IST LMC OF THE=moor QUARTER 230651 fur To vie Norm LEE OF lilt SCIIITH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE SOU1HRESt Wa7ER THENCE SOUTH 88 LA'S 56 UM/TES 21 SECaVDS PEST ALONG SAID NORTH LAE 263640 FEET TO THE PINT OF LECIANINft IN THE TORNSIIP CF;ALL, XEI ,ALL CONT) WHOM PRELIMINARY PLAT n911=ENGTRSERING CONSULTANTS.INC. HUDSON LAKES SUBDIVISION . SWIM THIS�I,m/ATM= UNITED CITY OF YORKVILLE, msaw w:a""oPaPI, FP-� KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS SECTION 10, TOWNSHIP 36 NORTH, RANGE 7 EAST ��"4�KY1' ( M4P FRCAJNCT • am EXISTING ZONING - (KENDALL COUNTY,A-1) N a� PROPOSED ZONING - (CITY OF YORKVILLE, R-2) N.Cfr n Wil' 0� PLAT PREPARED FOR: �`IT. AS-. KENDALL CREEK DEVELOPMENT, L.L.C. sDTDEr we ruNDs� c "�QF .s 9009 ROUTE 126, UNIT 9 A`"` �I "`- '-�,.,,. YORKVILLE, ILLINOIS 60560 xi I '"5, ,; .—r.—,.(r' -[, OFFICE: (630) 882-8800 14 I iP"5i ,' FAX: (630) 882-8807 1 et I PROJ ECT CONTACT: hb P ` ...f. MR. DAVID KNOTT tL I 6 ,1.,-. P`a (708) 606-7220 n iA 7..= _ .. - MR. DAN HARPER Ar NORZST COVER -� (708) 473-7640SENN 111-38-7 ..0a6NDufF r,� LID I` 1 name W ar rAIES a+Aw MI,-„) ; I••`.c`QI�ARIER or*c tl[W/-7• / �_ 'OHNE NE .:.e t.'TOES rc • K Gy al re-MIA NM) /k' 1/ ww PWC `• j � .4,.OM ,'MM GIP AT G9wETI 0 0 5010 1/4-/MN PPS : .OATDr TOMER STEL 2854.09'N8T254TE - / A. GSIIOCi„'J `(To ar=HEIN r.Manaus mourn Orr stlioat •, LOT L E RAY ISE LOT LAE MONO SMACK twE III_ ,w ..r o - „ M - pSOYpII E m - -�=- -- ,% 4 A r i:m ,.. ,m 112 .o°� n ici ma -y1� ilar,in. • ISO oM,G ao Ell (Nava 0S-10.20O-004S INELOPPENT * 11111%,,,, }� t na/M m,Pl....4 a-S) RAINS.VISAGE B.1....-.4111111111.410 ryan.e cry al ra�xRRa a'y_ _m T® 1 1 101,'i !b' ir alk • a �� Vill FOUND GUa4D WM ROO r, , 1 `�i r- 4a 1110.,111111‘ o o Ad 1li, wOESWI IESTI7 � ,,. T2 ©. , �ao-.ILI' ,1a > O 11 .,�_N, 12 t ,w 1 ti 1�121. . m m oo©. o b�.tis'g - ,w 1 .1 z,e i , ii a xaSIAH-060E �' sa SET YI SOU am w/LORIS S IESNG PO ^' IXNRa(S MG 1 �, ,aa.e PO Pr S.M.,R-� �� Im11®®�4 � POO VB.Nam ROO T. A>COMM 2851.700181I248'1'1' num 1/4'.....r aw.rTN sSaP1p TUE SOU11ERLY AIO a.m. Mr,mEr or curve 4 OF or OF SHE all-la-saa-0al F. MORIN HALF OF RE SOLINIEST SINANME 00OlA401 On PARIIRt91P 'Ea 0S-O,-400.602 111 NATTIER Cr=NON IS-X-> Ha MAMA ORME I ICJ SONO --I aR-10-100-4101 afsa/M.-CHUGHES * T A RDAD cIXIENSNES IN STIP �..Sl tf r[IINMIIE LINN SONO (AAAn CaaIR A-9 RAILROAD RIME III PAVEDIENT OF ASH. -r-OwO , THE ILn Tgw w ARMLET ROAD INT*Counts A-0 T'a [ CO AT[CO.ELEVATION. 7.7.73 MVO al xDEN PO/AT SSdIE Will GOT ER I IME O TIPAPI I rWATER Tan TRC AOnaOSTERLT OMA w SDE m Ar TIE 56DMII051 CORNER ME ADI. v 59071911,51-RIAMTR Or O INNT al rwAR6,/4•armor PSE .iFC11LN 10.1E-> [YN[NEIar FM LE ,({ I�Ta�p CrM mIMEGA I r'e Eaaq Rawl.,1 RILED 6E OF,NAIL x1 ,,TE.'6 FT FAST xlw�E,V T,AM A �,MIICST COMM -00-7 Gf •.l�Tiri of SENOR ro-Rf, la' R,NwMn T PE, CENTER 01 DSP• ,r E Em w TELEPHONE �I wd EL 157 ELEVATION: T s NRcvP as) •ar,Mz• 1 ,€ �[:Etrv.IRATE,eIl•Eltv.IR EO EDIT w SAM w ROAD 99 aOW) �, a 1Mo AA!strut ^� II■1111 U00 VY 40 400 TOA[Mow WSW. UMllvra 0 leI100T,6 IDOL SN FAINLY&TAOIM 7E513�E so SSE 1O Sha.NET MI FF' 'Y MEMO Mt 000 a OP/.PACE 0209>ac /l' SE784(X 4A0E4SMOI L!?IL s 15 soca.syr a ALL LO18 PAUL WV 0110 IOOI A.Ao AA ear mow.OO PWT N IAMD 0 RAT v MTENAL ROW I,0110 no I 20S cuW L DIT torso at AGES INA)R: ION Lu*AA rags NI sw t1i OTS�� Rams rreormacrw.Leo smonat mr. TT UoraL �4JL`=IA NOM 45FEaTaPPm6 NL'PAM YES 001.1011F Moll= AIPIAOE[Or NIT KAST s.R L ERE am SIERY WOO WOW RAW CR NM Ass AE rEsAss Nor son 5 A raw Fa roar Roe I.AMg1ATm ATflEENAAp6- IQT MGR NV IIWIRAWT OCYIIQ MOW MU E .` WMA GRAPHIC SCALE 3 NNW Armor LAC �-POPIT is MMHG �rk,000E �10 au[L i I T T T j C POC-PON1 Cr 09Epl�CM PIA d'OE-PLUS UMW t DRAWEE SASSES - - -- Itr-m) SEA-STORY WM N..IrAEW of 2,045 FROPCMTM IS PROPOSED TO E INN TE CORPORATE IYIS E ITE CH m MN-ME G �F I-- r --II�.��-..r E - a 0 a SEED.R�V11.Rnos E SET ALL ALL OSIERS WI IT2E SNS OF RRL 1RCK II� III III RrKTrar is a O IONEol02 ALM.ERRS AE AMC DP>.I=MOP 0100101.E ND= so 1 I a NS a a MD ONENESS 09121L E 40AED Er WTIE. LOT WOIM PRGMJART RAT gi 0.ALL REARMS AIDOISTAMFSAEBASED ONALOGY.COOROWA2SOMA EXHIBIT "DOL)-11� �n is MU;,/GOTro E REMISS:Ir Orr MMw TO Rs asErRes r� 0. FLOWN LAKES SLOONISCN c E G^DI'PATE SHALT E 6WED MD ww>AIED a NpNOWETs AS3DW WI �J1 2 I VIAE LAT ROL soAO TO NMMNI 2RwO 001011 aIIS EOE THE WATER Orr T0.cot zA(-tO 9100-E R0E00 ro TE 70 71 GTr aE mows A yy 1±1-.2.8:Aparr, —{IGj' n.[DTs ETA-rsE zs-zAz N E=OEM ro TTE MON Burn La wlOM IE d �/ 1�HL RANEEALRE 2.445-TI!INCA 000150 ro 11 GMWD OTr R 1001LG I - _E C zNT-z4z s1E mMDLWA AIw A6mCOO16 FOR LAIDalE D D - ��WIwI NM h2 lin MCC MAL PHUT NO nTS LOT MS m E ISNEIED TD TOaHL2 COar0IT aIr WOS lASN6>1709 a — —�Npr TO SN[ NSA I•-sp OR R OM win.src C 3 I • , t l 1 GD N/A PRELIMINARY PLATRUTH ENGINEERING CONSULTANTS,INC. HUDSON LAKES SUBDIVISION MAINvimsn t WINNA rmI IaFw1. 2854.07N877647S as na S (! all E !i. R ara.ar. §- p MIO�l n 3' LOT 156 maze. ' v°m'y.zk LisO'si. n�1Y d n�'u Y 1s l• LOT C kts\t \\1/40,0))...,,y---- - - _____,__tmr.L.r..,,-r 7.... 4.Art. 1, LOT 235 LOT 151 ' \c\3 frd. . ....- —7..... - t-Itss . %, 2 LOT 237 Y.i r..... _ 'WADI, §_ §§ lama"L4GE I LOT 140 kl S . - 1 amus i°m'irr g! i -, iamm1. O q nss ,a % 1 r \ LOT 1/4.140 36 fls 7I to u l MT/ � I yl tinsLOT 11: 4 LOT 146 _ 1 I r it \\ , MN,SA 1, ^ \ $1..5r'. CR --'. md' '—..iSP tW'u. .yp LOT 145 G � § II LOT 12-0-1 i r. Q I n 2Wa'aF El Iss, p • •-. 1tm'u '1 17 t `4 M1Jj LOT SIZO•Ll1 I I 136W /seaay.2 t/ 101.0Y 2:121 1 1 LTar ` OT 144 0.,. _ N m"'r' ' Isms �n.or 'tit Inas ',11;13. )1 F i II.£0 '°7rc § § ras snd+sr a `, `R ilnor ua 1{ tansy' yar lXo i'31 q g% LOT 1 �¢ gr�Y Aip 1 N Rq triad y1 .�. 1 %. Iya1 I I nnnvn2 M �� ` 1 LOT 153 0-11 i., P a3 `oO1u vle : OA Lcrr v'i y� / LOT 239 GFS 1°Z.1°Z.111.' 1' ` ‘6.\... a-_,•- .. L'a°in°1u F6' y tG 11 . - LOT 165 '4' \44'. a y Ny LO S .'tom 1...' '/.''''... — t; I:9.LO]\il \I S Tr -1 1 13 8.u1v3. g ,dam ' y • ` e \ e / / ii'``� / ' / N , m /---,:4z-, --,....7,/ GRAPHIC SCALE Raar4� nrzr RAT MIXONI Lags aEIDIVI IN R 'O ICVLL. LIMOS EMOB DII MI Ill OM rm.Tp .n.. r rl�avte MR n urn in Host�wc t le 5 sw E Clint N! von/A 2 � a - (ID N/A u I— glg 11Ili@ a \ \ NA,' ill 111)1z .11011 1 ea S. 1141 .1 �� g 't %♦ ■ iIll i C 1II! w . \ Pil g.,g g sa g I sa ` ` glls yy Sa5 '.,4 _ Q 41 in CYY �` t1S�a y • 4N $sM ♦ \ F Y# .q,4 40' c. on 8 t�`,` �11` ;on' ` ;, E a .fir. ` `rY„ • as \\ . $ •a ` \ ♦♦ 'ec\\ \ /. .1 1 N §1,4 ,,,,4 ' \--- 44 . - \ f a li •� as v. gra' g T/� d \ g 8a 4 w \ r1j 6; / f� �s e \ \ "� c�+ 0 a s 11% 1 \ 7 a aFP s ° ` \ \ sE ,." t I \ av, Iit � 1\ '� \ 1 yrpRA RIM oY 3 4 �, [■ , a I 1 sa .;,1 1 � \p s� vs �5 I 1 yet_ p Yr. p gY I �6 /I1It� Vii. _ ' .: + , _1 Kg 4il'� � NOLLYANUNOO BOA f'ON 433HS 33S 606.0EL:l•vo.60Sago'6rnpl■Idwd.6090S0\1■Id.4.1.11+d_1®segle6Slpe0\saye1 unspnH-suu■d yiu196 CS0501S 00Z\IwS\sgafFA PRELIMINARY PLAT MTN ENGINSEREiG CONSULTANTS,INC. HUDSON LAKES SUBDIVISION =OAPM 8104-09109 RIP M.ESTOMORI WV BL100.11. RAMIAEMLA. 0 MLA xA LLAMAS IMC 2654.8PN877547E kyr ///el:/(4:/4'' MOMS 'MIX 11159(161 / 199fM1E MAW AAUP ILLA' / 05-10-100-00$ SOT 13 rm.v. Al /1 1,,, 1 t / masa.203 V / 9 Y,// / 4 �AA // / / 9�/ // qos'// E°m eB1 E°MY. N Nyp 55 / 7 //6 /�# N�� z� / I T,'-•) Mr ve e 111.15, / l` / P /' // / R rw:ter �/ '�M211/' 1 reasd LOT BAI 111 1 n- I /' // / .tomSIWANTS S i'.00,frit i.°uTesr¢ 1 L E +I e* nor e� R� 1 9R .Le°®s°r 8 114, Masa LOT 89 1 / IS u°.:aBOi. J Q _ _ 'err reryxT _ I I LOT 75S ✓ r 77 \ric****1 w I I I Ener tt red • / _ A9—r-no I e..E.n c .� -�. ��` ;Orr a 9 If n 4..- \ Oa a \ ie w in GRAPHIC SCALE 11 4 4i ormr Pim I4ARY PIAT m HUDSON LAMS &JIDIV610N i TOCKVIJz LLl•DIS al7DS DM n me DA! MIDST MG P,� vnw A S rr Lev.MM MI Ire NIII la M. •/A I,. E OK MY R IVT'CAM 4 °1 a m x/A 1 PRELIMINARY PLAT S1°TH ENGINEERING COM/LRAMS,INC. HUDSON LAKES SUBDIVISION `"�" =MI Roi0Y6_Im I INyI1151 taw 19655.1.56 }} I .q. y rI I mud 6R�N4 nB saT L L' 4 '' R _ MOO'LO'OTTS I��+ 1,30;41,1. OT 74 E i�se 50 `7t 1 MYlTID4 1. i_ Y I LOT/3 6 N LT 53 �1 I Id S $ ¢°mSu+{Y�y n?? 15.0' I I I um .\i +m usrnrtt :, 1LOT aW .\ LOT55 LOT GB $i ® TAW LOT 47 TOO paroter ` AMlle 1 iii Ix ,, \ AY.M LOT 40 r LOw'y 1 \ u.°e'u. � 111 �Ar 6y ( I IIImar .+ reart \ ~ S� _ I I LOT IO a LOT 55 LOT J - , 1/11 um sr. ,u�d L._ mar P� �[� 91 ' P �w 1 I rlRld64 � L°T<z .�\\ fb r.,n. I rano' 15,54 55 \\ Q� �{m'A� r�4Y I LOT 611 ; PIES'Ort OF rOOMur LOT v. .ie 4 1 rLwc+xtr OOT ;0-200-001 FA 699X1 MOTET ,.!4- 4 u°°'°A'i 1 r \ 1 - 4�.. 4 1 tI yy • \ LOT51 Sts �' 00.d I I Lem'>a \ ,* Wad ILL 5' -'1 rrnb'[ L,1,15°Ty -�� \ `� ` ri°evy I v°®ss LOTT0t5� �\ ` s r� I r I �:. ,Ry P �` 1C F "J1' ' J.,gy /Slr ¢ -Arai' rLB—��smtr�—Tma•� 4 r A- VI e 'N'e l;. 'I LOTS �a ra..�. 11 um°o'ir. d=®Tz at°.T:t. s IS a:4k. ••... w6r um nod ern DIOr, alas 5I.5•914 i ui I d, LOT 232 2 m a U 28.51.7028.51.70'888'021187Y888'O87Y J 9 65-40-300-601 q die OMNI LNK/NU U r WI=1111103 0014 9 17) GRAPHIC SCALE T. r (enet) X 1r..R m PREL NdRT PLAT R TORKVLLE. USCG 4 Imime OM M'II4 Mb A67CT p Wee FS rr(1gA4 MOON N,Mr�f1C 140 IY�1i'ME .�YC $ * Et NI \Q.5 5 V, a QC el4 V, 3 PRELIMINARY PLAT n5111711 ENGINEERING CONSULTANTS.INC. HUDSON LAKES SUBDIVISION IDP®lItarsileA6Wma.O.IIM-160108 MT 1400411-04 " i .,,,.....'... /-'. .... .. \t c... 1 '�" "� W"' LOT 2a �- .1'4.- \\* '/. +a t5°Re Y t �. y' • 10 ' 2IPIel I�' s o$ ¢m a-- ` GRAPHIC SCALE y y 7Z�`.`�dr�� \ \ L - a LOT 209 k' 16K \ v B u. ' y,��_ g TA L'''.711\7 OT z, 00(... �� $ ram s. \-9' "T",tMA!,14.7 / ,a,°eT 2y•'.`°/" tea.. rm.. ' • Y R uwi2u. ,, mew f( baa 1 al 1 .°°m+.r e'" .LLOT.,c 1\ \ f n LOT 1 LOT 29 pDod , t` \`<o2y ,r 1 1 \ O �� 1t.' LOT sir. '..1. �0 c\4 �� LOT Tu LOT 3u . 00. \ '4 L�OST 3� `C' \ Yn204 1 v. i ,% q \ 08/2 \ LOT 18 LOT Y Max 3u \5s ff__ Av% gio V� 1.U13u ‘ , R°i 2O 1 6.1;17,, LOT ,�]jy.. 1 Mrsos ST.r.N77 ....."....' IT X292 t yy ¢LOT la 1 0.0r trLOT 33 +R Y 1 d ?'. \ - moi. +► -y��1/b '$°P` I Ns�bR \ \ �r LOT 201, i liEL 11/t LOT 15 10271 14 l'ili4W/ LOT'r \ `meg ream \ \ _ /..pr 7 I 1 k 1 rrmurr - 1� Y,%yL� 1144.1 n LOT 1y Q r/ 1 v I LOT i.Wey Z.. `\ � � YAW \'' `_��" pi Lamar r ~on n gi A. LOT 13 m: i , • LOT II Lr DNT,� LOT A 6 a § i R ' #1/r`% LOT 19e' �(C ,/ II ,/.>w ar. r/.er Imo' 4. @ ( it 4 et S ' Y LOT 197 a°aTn2 v. 4116 sr.. 0oi..NZ \111LOT 196 I.. O. Ai roe. 2 2551.70'888'O24rW V 9s-re-S0-001 UP.P _LIYAIPU38PIE IltAOGALL Lro.vARINEIrsIO !aJ )U OODALL a9L[ 1w YaPiM'1r iLNOs lasso i4 P4dMd4i!'Y PLAT it FLDBON LAJZS 61130IVECN yomaue. 11111015 gLos M �n In I19.11i 11 X18 V wn . MT NI E • gr I.ed N a f C�l! Yt ,AN A 6 2 m M/4 3 i PRELIMINARY PLAT n ENGINEERING CONSULTANTS.INC) HUDSON LAKES SUBDIVISION fi` 194-41911911 ass me assa-brrvbs. i" , / -- /, - �- ,i131,risa SE R % `OT 210 - Yy,,, ? t� $ / LOT zy -Fp/,..... Vje IL.se 4p.k4 ,.S%:.. I"./K c i .4 F / LOT 21] 1 4 ,/./\ % . \ " man ;prop 7 //I; '. i M / t ft ti„- ...Tr.', iaOT 1B0 ' I f ..I I i war sr. I / i / „1.,,;;;‘, \ A \ 1 I 0 mISSTS # 1 / / Af ! 04.31 u t.4 1I F LOT 101 a i Ii 1_321 / i ' I ia°Ti>u° TiIsrT (SIM. 11 r or 1 I 1r a rano, I mean 2t 1 I I ..nous I wae6o22t rarsvT 1 near I 1 I 1 1 gg LOT zye 20'°2,•2 ill !,_ i 'az 91- I �Cr Lisain OT zv iMar I $R L�� y wx2rt v/2w22 WOWS i 1 I r I p I �m,w t;�j I j tar z,e I 91 I E i.,,,2, tit `LOT 2300. $ II R6m u E 1 I I a.w2rt I I I i �I o�,� :R '41, z®zir° i c 1 II! t°.rzX e /1' 'IMI 11 2sryyy ( I ri 1 rr00vr .....c I I I .1 I-j1.-.k I 3. WO ^ PI t -01 o .1 �� Ir7r7f 1—ao63— L.aeo—'q.21L mail u. '�aet7 44 n Ar --X 1— �x2' �.'u'�_ i°,AT>o'u It s�'.e,.�da `rw'.BBe Xg tar,y5 K�`u°.aT'u a�z®'11,°11'.Z i°i..'2�r. OT 195 \ 1 \1.1 I11�d iol1VI ism 1I4i, iri wI '`��(t' aver man' rola_' ret/• r n„a/ re2r �i..+I A/ snob wy o6/ Sle/ raw 2651.70'S88712.4871, it 03-10-X0-602 m MARONE WHAMS LID.PARVEJi9i 218 aVd1t 11214LI roetlatE AlMM06 1 li .E 9150/4.-.016 virWvasIS we t IL 6 U GRAPHIC SCALE T I T , T T Imam) ARY RAT co 14y60N LAKES BLeorv610N TODGVLLf. 11.14CG 1E6. or Mk 112 IWO ` MOWN 110. +o. WY. A2 11/11t�. 02116111 ,g 21114 re Nam 11111,MI E 2/A P-W' a •cori ale VIM WAA-0! 7 ; Jli i Itit 11011• hill� 111 :42 � 1 Ir 3 inaaaalliiiofiimoi0a33iaga"iNMialliiiiiii679?0i5NI hgFPrAre FFRRese46estErRicRRRAemEnlinagmazEraufna69p6n665Aa _ digs R E' 10232Eg�J�aay�F�3i33?a�gaI"R�k�MIg1�ac�c5ei�allt115N1s�ad96:�aa�M1P;Si 11:21;g5; 1411 i . e.. eRRV"esessRt1119311519S3MBAt359995MAIII89_538E598@'s?�i1PY_etxggB300Eo693y:3 IME bye^ a 0 5 1M� 9 e99E9`9 F'E9e E9Ea5E§c 99SRRRRI PIM9:49"gqE'�9t94E99Ed9 a ,4 91 pvyimila a....6. a _6 a _ 9.e.sR _ gs�k.sa.......��a�.a�6sk_ a=k m..=tl�tt O q iiap;i:1 O_,,,,....m.=oa •aRGR•ea tlCX9 AACA.%RXp X' ^^'--anaa RFXX +7^.39 gr. "'-»"•"' b 3 ■■ khii WrNiqb .�. R E R7 rc TTTkkK j•r;?r rT rr?� ??rr.>r>. r r r ?>r>�r�,>4' r>r> T?�.>K ? rF: F? ,•� NI �i ��e S4kgs lE5d1.Q;iihh Rlifig6imiN6pEaiaEv4�I EWREaggi iN IPAVRO: Niiik aEilP1A/"-„1§4t VI fii” lriiill ,gc?mg°5aim`d�d�lniimilaalN2113115'15 PIPI9a M5HfiM �''- IR 111 g . hilmill, 9g l�J99 ° =i11111aa11aa11111 aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa_lla_iiiiiigiiiiia�p �aINIIIPI iaa tygy� u m q 1�7� g b � � � w"XR3'�XF�7"•RkRR�k7NmilnuN1P 5121RgtiFirIMRH4111�alMA INil xsa63! ErliMrRX O tire 1 aaoSOacecEnBBOOMPEPPAI nE SEVIg6b66666a8r3E2: :�6668a6666638H39i]e?eEEEEEEc6E6Be8Ba AO 4 121:4 a1 1.1 11 5 _eil ?I G .4 HT1, 1: I lip iiii ELl'"% II Dov A L_ _ J I 1 I g 181111111-1 L�IsII'I-ix la 411 OP "r="=i Phil i 606'OE1.4'0O-645050'6rPlel6-•Ao-66505011e1d Neal.,Plaid-1••ee1.1!51001.yeluOspnH-suuej Hoe19665USO1500L141ps\s9•f1A Name of Fee Amount Time of Payment 1 School District Transition Fee $3,000 per unit Paid to School District Office prior to application for building permit At time of building permit,paid at City Hall with separate check made out to 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development,at time of annexation to sanitary district 4 Yorkville Bristol Sanitary District Infrastructure Fee $3,523 per acre Paid for entire development,at time of sanitary district $650+$.0.20 per 5 Building Permit Fee square foot Building Permit 6 Water Connection Fee $3,700 per unit Building Permit 7 Water Meter Cost(not applicable to fee lock) $390 per unit Building Permit 8 City Sewer Connection Fee $2,000 per unit Building Permit 9 Water and Sewer Inspection Fee $25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit 11a Public Works(Development Impact Fee) $700 per unit Building Permit 11b Police(Development Impact Fee) $300 per unit Building Permit Municipal Building Impact Fee is set up as$5,509 per unit if paid at time of see"time of permit,or$3,288 per unit if paid at time of final plat for all units in the entirety 11c Municipal Building(Development Impact Fee) payment" of the annexed development. 11d Library(Development Impact Fee) $500 per unit Building Permit 11e Parks and Rec(Development Impact Fee) $50 per unit Building Permit 11f Engineering(Development Impact Fee) $100 per unit Building Permit Bristol Kendall Fire District(Development Impact 11g Fee) $1,000 per unit Building Permit Calculated by ordinance,$60,000 Building Permit or Final Plat,depending on annexation/development 12 Parks Land Cash Fee per acre agreement and land/cash donations negotiated Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexation/development 13 School Land Cash Fee per acre agreement and land/cash donations negotiated 14 Road Contribution Fund $2,000 per unit Building Permit $1,549 per unit, escalating each calendar year at a Building Permit rate determined by 15 County Road Fee ordinance 16 Weather Warning Siren $75 per acre Final Plat 1.75%of Approved Engineer's Estimate of Cost of Land 17 Administration Review Fee Improvements Final Plat 1.25%of Approved Engineer's Estimate of Cost of Land Improvements 18 Engineering Review Fee Final Plat EXHIBIT n SMITH ENGINEERINGUCeON�U.any° INC. von rnlvlc AND 9oaveroan AI \TRE- ter ¢LIB019 PImEH991oNLL aE910N flRY A rM-00eleA VILLAGE ,;;m aHPoM_�eA..9 FUTURE �� SCHOOL QC � r"`_ I ' Iv1 I I I i I -,,,,,;,.,..":7-,-.-7,,,,,,.. by �� I+4._ -._._-1 1 ' I I I I I I Itt t i r /5;,, COMMUNITY .V,\k ,},,= --/ I I ' I I i1 1,\I��/ x / � � PARK 1 .. : q '.... 1 1 i I I, \ .'' g. PAR \---, ...____.--/_ { ,':/ `..EXPANS ON ti�-` _.. � I ; I_..-.___ _ \....•....\,:.,,,::-.7. B FT.`�IKC-PATH�� / // r \ I I i I LTo sa+od.sGF , ,, / i RAI\TREE 4e` 1 ' •gfiji�;� •\/y: /\ \~ a;/— II VILLAGE 'IIt...------c--...._ I;, i\�. �II� ..�..� , ,�� I 'wom ZZ10\Ff EtlKEPlSRN ` EYY t 1_ \ AL NG PEiW1AN RO. , it 1- tabbiOMMMIiNes' / �' �S' \ y \ _ _ -," `‘. ,=‘%'---7k\' ''-..''' -.--s'A:,.'!*:liTT-?ji ::' ,"."`".. ,--- '..\\\:N.,,,. \ ,,,,,s,,,,:?:%.,,, ,,'-':-.,:ii,li.,''''\ 1 I\ . it ,' //1'.)' 11 ., \ I I 1i � ,. W 1 1 filfiL \, j ' x .? i'' �\ r\` r __ ,lip 1 -- 1.74 p /q. t r'�f ,%P `\ x. / i IA J./ p•"/1� 1 �\ \ \ I dijiI AMMIMMINIF o A71-i , 1 � <' �q am-7,C k.- ' —r �' '---i IIT I -hill ' B1 I ` . .'�,..\ -sy �.. _:.� Ig 1 tl : I, .!,,,,,,,••„,!,,,,,,. I I 1 - I � \ W 1 \I D E T T \i',,,,.' 1 't y 1 HUDSON LAKES SUBDIVISION { I ! ' I��' u — ' YORKVILLE, ILLINOIS TGEI II� , \`, --4.,;: 71, ..,,,,..,,,,,,-05.,,,-1r`^i tt 4�� .,! — ' r,� <w� \ --� iq ,1BIKE PATH EXHIBIT .r._- s4.. u• ,»5 34$\\1\ ' 1 • fl a9 �((�' III I I I w1 i' ..^^�^'.-qrt"�'�� "r n ..... ... giAMN BY: OSBAIE:as vOSa�5 NJ .t },t t I i I l I , ' Y j\.,A. .. ._ ..... OE9GNm BY: H096.9GLEi MEET NO. ,?!'4-7.4g#14.„., 1 Pp I 1 1 ! • )_ Bxs r-.Ton I CHECNm att VSAT.SCALE t m.-� y OHS NOkF SMITH'ENGINEERING CONSULTANT, INC. IW ,.. INND FPAINTEE DIDD19OYfII nem.n� DD,o, . YE VILLAGE � �..=,h, � P FUTURE �� SCHOOL E 1 0,A,•,-.$4.4.'7.A.,,,...004,0��t•t•��•��t t••• I r j II . I I , I / I COMMUNITY / I I!I 1I I Ei ° �'i m;� 1.�� g��e��s� MMU N (� i 1 tp aha _ 1 \ I I .I II I ` ,` 1 \\®w�5•+,•SC+•f<. /, PARK `r _ I I 1 t ( \ ek'�n►•�4e '`O/ PAR' 5 \'�..";-*::=-.:,1„--_—_::_:-;;; :.\'' '..y1� I I I aka\�O,.0 %,EX ANS ON 1: )TI 1-'--r--t -,,) ! L ' a�� pp�tom_.__.._ _ / / / �AI �TEE ani — Er! t ;. �z ( \\: 3�; / �,/ , � `I . .1 �II� yg 1_....._ 111 %roolii 1_—-- I'I / ‘,,,,, ,,,,,,,,'.-_,_<•,•-i.'\ ` .... \ 6 -. a.._—. VILLAGE !� I+�" FIA 9i v® , �:. i� 4 9•4 tabbies* . l� � F.' ; �i: � I I „ �r °#w1'e , Q' ) ` / \ \ —\ ; I .%� E o- �$ w IM s'' ''''''(-1;;''' ``� m ... ." S \H \ � .a , III W ,/,,-...-,;,-,,,-.....1., : = I -.._... I 1 1 _\ ill, -- AREA OF DEVIATION FROM 1 '�I! i `:, ; ( ��tt ti,... ., .,; /`, II1 ..'.«s�s`�!.t`�.,n.. PARK DEVELOPMENT .. __;..._ fl' x f7, � '''•,,,t4,, 1 \ /'\ II I STANDARDS AS DESCRIBED N I - •� \� 'I,,t4 ,...\ \ \ / T../ I E ANNEXATIONAGREEMENT- $ , //pp /,y / C �✓ �I Sd �` (SECTION158. ITEi1Aa5>fI )F/:, \a 9a�kr -',\., ,� �: i i IIt' 11'� /� ; 1 .13,3\‘,\:,---.- I,InO�p?` ',',..\::', .'''' 4 .:`\' �` �_ -�+n+m1 _� � Y .'t•'�"�' . DEVIATION FROM �:,I _ j/ ♦'0../ • AREA OF _/Wil 1' �;t' .�\,: a/�>ia .. ', .x�" q — . ►�!t!O�!�!� PARK DEVELOPMENT —`--- pL I I 1�4+�Iasd. x ; STANDARDS AS DESCRIBED IN .....I i I 1 ' .. I I III --' ---1111 110:44`,;\---- 1�1' Sa°`,; '\ :..i ' "� _:::-.,I i...I .I ANNEXATION AGREEMENT I BVi 16Q►�tjg4 t �... /%� i (SECTION 158. ITEM al-aq) ''';;;.,,41it 11 I I 1.-----11 II II i. ....... III ;\:44V4"4444. V ♦�ti� y\ 4444 01/4.•e�y�;41 °a ,7 , A 1. s — I I ►l ► ►le eb CGioAPANY a WI N D E TT n q 14 i I I ) dA�y�•�•`4° Y'^. o�� 1 e��c®tea 4.� t . �t•�♦ : V y Ei��+phi I• °. I I I. •.._.. / ( '^•.4.. �*4 f \ 0o# •��•�•��:. 4+:4+ sa,. HUDSON LAKES SUBDIVISION •I D G E ,€-('Okh,1Il I I 1 j I l 3 ®�,aa��'�`v°r �� `i ''i9��0�,1��• �� 1 y, YORKVILLE, ILLINOIS AN,O ds. ,/j . O' ra.$1,..`, . L 1 _. \,: ' c ',95°� "s ':C .rV•"•�•t�f��.l•'�O�L4�•�•��.�� POND DEVIATIONOIS E u>k►4`j`\>.°\, "%� \ '� �9�.��000�� • . � � EX ►f 1>� J I `A' ._' —sb'a..+&», 9+\a� sin.'p � ��•��u��,��f��•1��,pS��•�*��*Is,A� Fj= ♦al� �.. ...*C4a a +° aaG k. DBN o- I WOO/6 q }1. ,. "'.j I I / @v"" m k�,�.,, r a+aFy t r's+'7.,'k s'I .e.., asxaas DRAWN BY: DATE-17- PNDJEDT N0. 11 adf OO 1 1 ''' 1 1110: zs{�1 E., irg r',a (( , .r.. 0505- 4.1, l I �J I II I 1 I I✓ N:a E 5 R/�..1 N .:!_.v..-„rt..i._,k,. ME OS-I)-W SHEET O. `�� ,�,x-iaN.�i.F. DE9 0�BM. HOAR SCALE SHEET N0. I `i—i.7.i. 1 1.,> .4�. A NEtl1WN N1: 14Rf.NE 1 OMS HONE r `,,CEO co). Reviewed By: J2 4 o Legal ❑ City Council ap`L g EST.iti ' 'i1836 Finance ❑ Engineer ❑ Agenda Item Tracking Number -< (® � City Administrator ❑ , a �Q Consultant ❑ ' �0 ' '� «��C j�tE `��° Human Resources ❑ City Council Agenda Item Summary Memo Title: Chally Farm—Preliminary Plan City Council/COW/Committee Agenda Date: May 25, 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: ElY „eC C/ry Reviewed By: 0Le al ❑ City Council -rtEST. `° 1836 Finance ❑ Engineer ❑ City Administrator El Agenda Item Tracking Number C _ 2a Consultant ❑ '"'�� (c ( 1 j��EKendaq `firfy ` Human Resources ❑ City Council Agenda Item Summary Memo Title: Grande Reserve Unit 18—Final Plat City Council/COW/Committee Agenda Date: May 25, 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: ,„.0 Cary Reviewed By: J20 Legal ❑ City Council o :1 g Finance ❑ EST. I Engineer ❑ t)-$1 '�® A City Administrator ❑ Agenda Item Tracking Number �1, �O Consultant ❑ �'C 2 L`C(c- - I �,mi copy to. ,y�� Human Resources ❑ City Council Agenda Item Summary Memo Title: Grande Reserve Unit 19—Final Plat City Council/COW/Committee Agenda Date: May 25, 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: `,�.D Co). Reviewed By: � 0 Le al El City Council = a )Z g % 11 J, ..aQ Finance I=1EST. �` 1836 Engineer ElCity Administrator ElAgenda Item Tracking Number p9 t® "4O Consultant ❑ e C ,- C i- (I �j<te `�‘icen.,..ty 4:z., Human Resources El City Council Agenda Item Summary Memo Title: Grande Reserve Unit 20—Final Plat City Council/COW/Committee Agenda Date: May 25, 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: ,,EO co.). Reviewed By: T Legal ElCity Council ESTE 1836 Finance ❑ ,�-�� Engineer ❑ -� u City Administrator ❑ Agenda Item Tracking Number \ *0 Consultant ❑ \X _) SCE ��V ❑ 19 City Council Agenda Item Summary Memo Title: Harris Woods—Annexation and Zoning City Council/ COW/Committee Agenda Date: EDC 5/25/06 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: YY `,sip Ci Reviewed By: --;0- O� Legal ❑ City Council Finance ❑ EST.kw 1836 Engineer ❑ PCity Administrator El Agenda Item Tracking Number 9 L con— 0 Consultant El PC ‘`)Cl, City Council Agenda Item Summary Memo Title: Kleinwachter—Annexation and Zoning City Council/ COW / Committee Agenda Date: EDC 5/25/06 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: (: _ ♦,cED C0.).. Reviewed By: 201‘ Legal ElCity Council EST.14 ' 1836 Finance E] ��- Engineer ❑ tCity Administrator ❑ Agenda Item Tracking Number 11 O Consultant ❑ , (- -I L . . -)-- KwWMI County ❑ LCE NV- City Council Agenda Item Summary Memo Title: Heartland Crossing–Annexation and Zoning City Council/ COW/ Committee Agenda Date: EDC 5/25/06 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: E t ., r -/� `,`�0 co., Reviewed By: J= 0 Legal El Council ii - g Finance ❑ EST.elrl P 183& i Engineer ❑ Q ii City Administrator ❑ Agenda Item Tracking Number '''''',4' �O Consultant ❑ EhC 2C ... 1 toe�cany ®SCE w�` Human Resources ❑ City Council Agenda Item Summary Memo Title: Zoning Ordinance Amendment—Building Height Increase City Council/COW/ Committee Agenda Date: May 25, 2006 Synopsis: This ordinance was drafted in 2005 and never adopted. The Building Code was updated at that time to allow for buildings to be erected to 6 stories (or 80') due to the recent capability of proper fire protection at this height, however,the zoning ordinance, which regulates building height, was never updated. 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: sts 'kcar United City of Yorkville Memo ' t Via.. "r' 800 Game Farm Road ESII14 1836 Yorkville, Illinois 60560 :'-- =" Telephone: 630-553-8545 off ° r- 0 Fax: 630-553-3436 144 'LE %\>' Date: May 18, 2006 To: Economic Development Committee From: Travis Miller, Community Development Director Subject: Building Height Ordinance Modification This ordinance was drafted in 2005 and never adopted. The Building Code was updated at that time to allow for buildings to be erected to 6 stories (or 80') due to the recent capability of proper fire protection at this height, however, the zoning ordinance, which regulates building height,was never updated. Staff recommends modifying the Zoning Ordinance as proposed due to the appropriateness of allowing buildings for higher density residential, commercial and office uses to be more vertical, resulting in more usable square footage per parcel in these zoning districts. The current ordinance regulations are likely based on the ability to adequately provide fire protection,however,the fire district currently has the ability to protect an 80 feet structure, therefore, the Ordinance should be modified accordingly. 1 STATE OF ILLINOIS • . COUNTY OF .K_El',Taki_,L AN ORDINANCE AMENDING TITLE 10 OF TIE UNTIED CITY OF YORKVILLE CITY CODE ORDINANCE NO. 2005- WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council,has determined it necessary to increase the maximum height for buildings to be constructed in the United City of Yorkville; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and the City Council, has detei-iiined that it is in the best interest of the community to amend Title 10 of the Yorkville City Code to change the allowable /1/2-XiMUM,building height to eighty feet(80'); NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY CF YORKVILLE: _ Seeder' 1. That Title 10, of the Yorkville City Code is hereby amended to permit the following; R-3 Zoning District I0-6E-6: Maximum Building Height: A. For single-family detached dwellings and permitted nonresidential buildings and st--actures, the same regulations shall apply as provided in the R-1 residence&strict B. All other dwelling types, not more than six (6) stories or eighty-feet (80'), whichever is lower. R-4 Zoning District 10-6F-6: Maximum Building Height: A. For all dwellings and permitted nonresidential buildings and structures permitted in the R4 Residence District,the same regulations shall apply as provided in the R-3 Residence District. B. other dwelling types,not more than six(6) stories or eizhty feet (SO'), whichever is lower. 0 (Office) Zoning District 10-7A-6: Maximum Building Height: No building or structure shall be erected or altered to exceed a maximum height of eighty feet(80') or six (6) stories with the exception of any property bounded by: 1. Van Emmon Street to the north, Fox Street to the south, South Main Street to the west and extending eastward to include those properties that abut the eastern right-of-way of Illinois Route 47; and 2, Fox River to the north,Van Emmon Street to the south,Morgan Street(extended) to the west and 111;nois Route 47 to the east; and 3. Fox River to the north, Van Emmon Street to the south, existing Corporate boundaries to the east and Illinois Route 47 to the west 4. All commonly referred to as the'Downtown" area. No building or structure shall be erected or altered to exceed a maximum height of thirty-five feet(35') or three(3) stories within the Downtown area. B-1 (Limited Business) Zoning District 10-7B-6: Maximum Building Height: No building or structure shall be erected or altered to exceed a maximmn height of eighty feet(80')or six (6) stories with the exception of any property bounded by: 1. Van Emmon Street to the north, Fox Street to the south, South Main Street to the west and extending eastward to include those properties that abut the eastern right-of-way of Illinois Route 47; and 2. Fox River to the north,Van Emmon Street to the south, Morgan Street (extended)to the west and Minois Route 47 to the east; and 3. Fox River to the north,Van Erni:non Street to the south, existing Corporate boundaries to the east and Minois Route 47 to the west. 4. All commonly referred to as the'Downtown"area. No building or structure shall be erected or altered to exceed a maxim:am-1 height of thirty-five feet (35') or three(3) stories within the Downtown area. 3-2 (General Business) Zoning.District 10-70-6 Maximum Builriirg Height: No building or structure shall be erected or altered to exceed a maximum height of eighty feet(80') or six(6) stories with the excepon of any property bounded by: 1. Van Emmon Street to the north,Fox Street to the south, South Main Street to the west and extending eastward to include those properties that abut the eastern right-of-way of Illinois Route 47; and 2. Fox River to the north,Van Emmon Street to the south, Morgan Street(extended)to the west and Illinois Route 47 to the east; and 3. Fox River to the north,Van Emmon Street to the south, existing Corporate boundaries to the east and Illinois Route 47 to the west. 4. All commonly referred to as the"Downtown!' area. No building or structure shall be erected or altered to exceed a maximum height of thirty-five feet(35')or three(3) stories within the Downtown area- 3-3 (Service Business) Zoning District 10-7D-6: Maximum Building Height: No building or structure shall be erected or altered to exceed a maximum height of eighty feet(80') or six(6) stories with the exception of any property bounded by: 1. Van Emmon Street to the north,Fox Street to the south, South Main Street to the west and extending eastward to include those propeities that abut the eastern right-of-way of Illinois Route 47; and 2. Fox River to the north,Van Enron Street to the south,Morgan Street (extended)to the west and Illinois Route 47 to the east; and 3. Fox River to the north,Van Frimon Street to the south, existing Corporate boundaries to the east and Illinois Route 47 to the west. 4. All commonly referred to as the"Downtown" area. No buil(iing or structure shall be erected or altered to exceed a maximum height of thirty-five feet(35') or three(3) stories within the Downtown area. Section 2. That nothing in this ordinance shall be constructed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of ac6on acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired,or affected by this ordinance. Section 3. That the City Clerk shall certify to the adopon of this ordinance and cause the same to be published as required by law. Section 4. That this ordinance and the rules regulations,provisions,requirements,orders and matters established and adopted hereby shall take effect, and be in full force and effect after its passage and approval by the Mayor and City Council, as required by law. IN WITNESS WHEREOF, this Ordinance has been enacted this day of p2005. PAUL JAMES MARTY MINNS RICHARD STICKA WANDA OHARE VALERIE BLTRD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this • day of A.D. 2005. Arthur F. Prochaska, Jr. MAYOR PASSED by the.City Council of the United City of York-ville, Kendall County, Illinois,this day of ,AD. 2005. Attest: Jacquelyn Milschewski CITY CLERK 02/10/2006 10:57 FAX 630 553 5764 DANIEL J. KRAMER Z 002/010 - 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, 2005 AND KNOWN AS TRUST#2373 DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , 2006 by and between THE UNITED CITY OF YORKVILLE, an Illinois corporation located in Kendall County (the "CITY") and CASTLE BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 8, 2005 AND KNOWN AS TRUST#2373 (the"OWNER"). RECITALS The CITY is an Illinois municipality and hereby enters into this Agreement pursuant to 65 ILCS 5/8-11-20 ("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 Comeils Road and legally described in Exhibit"A" (the"Property") for commercial uses("Development Project") subject to the zoning ordinance enacted by the CITY. OWNER has demonstrated to the CITY's satisfaction that the OWNER has the experience and capacity to complete the Development Project. The OWNER and the CITY have determined that without the financial assistance provided under this Agreement the Development Project would not be feasible and that the OWNER would not undertake the Development Project. The OWNER has expressly conditioned the undertaking of the Development Project on the CITY's agreement to pledge the Sales Tax Revenues (defined later) it receives from the Development Project to repay OWNER its Reimbursable Improvements(defined later), all as provided in this Agreement. -1-