Loading...
Economic Development Packet 2004 01-15-04 United City of Yorkville 4 t County Seat of Kendall County EST.% z 1836 800 Game Farm Road N , O 1� H Yorkville O Phone:630-553-4350Illinois60560 Fax:630-553-7575 LE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, January 15, 2004 7:00 p.m. City Hall Conference Room Presentation: None 1. Approval/Correction of Minutes: December 18, 2003 2. Progress Holdings PUD Agreement Regarding Set Back Issues 3. Proposal Concerning Flag Lots 4. Additional Business Page 1of7 UNITED CITY OF YORxVILLE DRAFT ECONOMIC DEVELOPMENT COMMITTEE MEETING CITY HALL CONFERENCE ROOM THURSDAY, DECEMBER 18,2003 ATTENDANCE Committee members: Aldermen Richard Sticka, and Alderwomen Valerie Burd, and Wanda Ohare; Mayor Art Prochaska; City Planner Mike Schoppe; Kelly Kramer, representing the City Attorney's office;Ksenia Rudensiuk, from the Conservation Design Forum; and City Administrator Tony Graff. MINUTES Minutes from the September 15, 2003 meeting were approved. PRESENTATION Ksenia Rudensiuk from the Conservation Design Forum spoke to the committee about the Blackberry Creek Watershed Alternative Futures Project. The project encourages communities along the Blackberry Creek to use conservation design as the community grows as opposed to conventional designs, she said. The study takes the master plans of the municipalities in the watershed, Rudensiuk said. If the communities build out according to their own plans, what impact will that have using conventional methods?In the alternative, it shows, what would happen if communities use principles associated with smart growth, she said. Will it actually make a difference?A lot of money was spend researching the watershed and researched numbers covering the whole region. The study found that using principles associated with smart growth does indeed make a difference, Rudensiuk said. She distributed the Blackberry Creek Newsletter and another thick report that communities can use as a guideline to help them follow conservation designs. Rudensiuk then gave a slid presentation showing examples of the differences between a variety of conventional plans and conservation plan. Blackberry Creek is 32 miles long and includes the municipalities of Elburn,North Aurora, Aurora, Montgomery, Sugar Grove and Yorkville. The lower part of the watershed is flatter. Giving a basic hydrology lesson, she said in this region, water tends to fall on wetland soils and replenishes streams through groundwater infiltration. As we build our communities, it diminishes the ability of the groundwater to recharge and clean itself. If the water runs directly to the streams, the streams tend to get very big and very shallow and there is a lot of bounce to them. Meanwhile, as the population of the area increases, the health of the stream decreases. Page 2 of 7 However, if communities in the Fox Valley build using alternative principles, they can change that. In fact, if done properly, she said the health of the creeks could actually improve. The Alternative Futures Project gives cites numerous concepts that can be used for conservation, she said. One example she showed of alternative principles was the use of green roof gardens, which are more common in other parts of the world, but they can work here. That method also requires less detention. Rudensiuk said the report used three components to calculate the advantages. One was the TQ mean, which measures the flashiness or extremes of the creek. It checks how much is over the mean flow. The second component of the calculation is the one-year discharge rate, and the third concept is required detention. Are these conservation methods economically feasible?Rudensiuk said to economic analyses are being conducted and they show these conservation methods do make economic sense. Another example she showed of conservation methods is to put depressed islands in parking lots rather than the mounded islands. She also suggested municipalities or businesses install permeable roadways in areas with less intensive use. Rudensiuk said the manual is full of ideas for conservation and provides details on how to go about using them and contains ways to obtain more information. She added that there is a Conservation Design Forum resource manual that has many ordinances in it that municipalities can adopt a la carte. Chairman Richard Sticka asked what the response has been from other communities she has spoken to. Rudensiuk said all of the communities have asked her to return to provide more information. For instance, she said Aurora has taken many of the conservation principles and made a manual to follow for development along the western side of the city. She said the plan designates where the best areas are for roads and housing. City Planner Mike Schoppe said that map applies to area that has not yet annexed into the city, but could potentially become part of the city. Rudensiuk said the city, however, had applied some of the conservation principles to improvements planned downtown. Mayor Art Prochaska said the city has actually started doing some of the conservation practices outlined in the plan. For instance, he said some of the new subdivisions are required to have more green space. Yet, he said it is still something the city needs to be more aware of. `Page 3 of 7 Shoppe said the basins at the shopping center at Menard's also have been carefully planned and will help in conservation. However, he said the city staff is a little concerned about the maintenance of it. Regarding one suggestion to plant more prairie grasses rather than turf grass, Committee member Valerie Burd said the city might need to revise its weed ordinance. Likewise, Prochaska said seeing natural grasses rather than turf grass would have to be something people would have to get used to seeing. Rudensiuk said the city would have to do what's appropriate for itself. Also, she said experts would be available to instruct the community on what types of grasses to grow. Shoppe said some types of conservation practices might not be applicable in all areas and in many cases;the practices would need to be bought into from the very beginning. Using natural grasses in yards also would need to be something that would have to be designed properly and maintained, he said. Rudensiuk said that the conservation methods suggested are not without issues, such as proper maintenance. However, she said the issues are just different from other issues the current practice brings about. Burd asked if there are communities that provide incentives to developers who install conservation methods. Rudensiuk said yes and added that there are some suggestions in the manual. Committee member Wanda Ohare thanked Rudensiuk for her presentation and asked how the city should proceed to the next step. Schoppe suggested that rather than making changes to the subdivision ordinance to incorporate some of these conservation practices, the city could put requirements into the landscaping or storm water ordinances. Schoppe also suggested meeting with some of the builders in town to update them on the conservation practices available. Sticka suggested Rudensiuk go before the Committee of the Whole to give her presentation. MINUTES Minutes from the September 15 meeting were approved. PLAN COMMISSION RESTRUCTURE Mayor Prochaska informed the committee he has asked the City Council to look at restructuring the Plan Commission by reducing the number of members. One of the main issues, he said, is that the commission is so large; it is sometimes difficult to get a quorum. Page 4 of 7 Mayor Prochaska said he checked with other communities and they typically have seven- to nine-member boards. Currently, the Plan commission has 13 members. Mayor Prochaska said he'd like to see the number reduced to nine and five members would be necessary to make a quorum. As of now, there are 10 active members on the Plan Commission. Three members have recently resigned, he said and he has no desire to make any re-appointments. Because no one wants to force any current members off of the Plan Commission, Mayor Prochaska said he would like to revise the current ordinance to state that the quorum number would adjust until the number of commissioners hit the bottom number of nine. The committee had some discussion about commissioners who live outside of the city limits. Sticka said he suggests that anyone currently on the Plan Commission can remain on it until they choose to resign. However, any newly appointed people would have to live in the city. Those commissioners representing the Fire District and the School District could then in the district, but in the Yorkville area. Burd said she doesn't think all commissioners should be required to live in town. People who live in unincorporated Yorkville have some interest in the development around them. Mayor Prochaska said right now, he doesn't want to address the issue of where the members come from, only the number of members. Kelly Kramer, representing the city attorney's office, said now would also be an appropriate time to enact a deputy chairman in the event that the chairman could not attend a meeting. She said the mayor and the current chairman, Tom Lindblom, could make a recommendation. Normally, she said, it's the person who has the longest service time, but who is not the chairman. Kramer said she could have a draft ordinance available by the Jan. 6 Committee of the Whole meeting. FOX HILL SSA Kramer said there has been a problem with maintenance of open spaces and the trail system in the Fox Hill subdivision. The city met with homeowners in the subdivision to ask whether they would prefer creating or homeowner's association or creating a special service area. In a vote conducted by Alderwoman Ohare, the homeowners voted to create a SSA. Kramer said the next step is to determine the amount of taxes necessary to create the SSA. Then, the city will need to publish notification and hold a public hearing. If 51 percent of the homeowners file an objection, creation of the SSA can be vetoed, she said. Page 5 of 7 If the required number of objections are not filed, then the SSA will become effective and the City Council can then vote on the SSA. Mayor Prochaska said the city wants to move on this in a timely fashion so that it can be approved in time to be placed on the tax bills. Maintenance then could begin this spring. SOUTH COMPREHENSIVE PLAN AMENDMENT UPDATE Mike Schoppe presented the committee with an update on the south comprehensive plan amendment and asked guidance from the committee on several issues regarding the update. The first item for discussion was the project area. He said the committee might want to look at more than just the south portion and include the area from Route 71 south to Caton Farm Road and Grove Road. Also, he suggested viewing the area from the Yorkville/Oswego boundary agreement line west to Helmer Road. At the time the comprehensive plan was last revised, there wasn't much development pressure in the southern area, he said. Now, as pressure grows, he said the city should look at whether the right project area has been targeted. Mayor Prochaska said the project area looks good. He suggested that the area north of Route 71 and west of the Foxlawn subdivision might want to be included. Burd suggested looking at the entire southern area. Mayor Prochaska agreed saying that this might be the time to plan for the entire area, which is everything south of the river that is not developed and is within the boundary agreements with neighboring communities such as Oswego and Plainfield. To the east, he said the city is limited by what Yorkville Bristol can service. Meanwhile, he said Oswego's plans for the area toward Grove Road and Route 126 are for commercial developments. If Fox Metro comes down to service that area, then Yorkville might want to look at doing something on its side of that area as well. Mayor Prochaska said he sees the southeasterly area staying in the estate category at least for a while. However, he said pressure from Joliet will affect it. He added it's important for the city to lock in the Route 47 and Caton Farm area. The second item Schoppe wanted to discuss was land use. He said land use issues are not his forte and he recommends teaming up with Smith Engineering to determine land use. However, he said some of the land use issues that need to be addressed include the amount of land that should be reserved for commercial development. Page 6 of 7 Burd said reaching a consensus as a city council might be difficult because some alderman want only estate developments to come into that southern portion. Mayor Prochaska said he understands why some favor estate development. However, he doesn't want to make a land use plan in a vacuum. Joliet, one of the major cities in Illinois, already intends to grow toward Yorkville, he said. Caton Farm Road is already being developed as a major thoroughfare, he said. That road needs to be planned as a major intersection, Prochaska added. He also said the city needs to look at ways to connect Minkler Road to Brisben Road and the city needs to coordinate efforts with Oswego. Prochaska said it also may behoove the city to look at another north and south feed road. Shoppe said the city will need to determine how much revenue it would like from potential commercial development in that area. However, he said that might be more detailed than the city needs to go right now. Prochaska agreed. However, he said that the city should look at some commercial development in that area as well as possible industrial development. He said he would like to go on the premise that Caton Farm Road and Route 47 will be the next major commercial area in the city. Graff said a logical step would be to identify some areas as possible commercial areas and then do further studies. Mayor Prochaska said the city will need to determine what areas to preserve as open space. Right now, the city has an opportunity to do that as it works on the plan. Graff asked if there should be an inventory of soils and other factors. Then the city council could meet to discuss future development knowing what types of soils are in the area and where services could be located. Burd asked how the facilities study currently underway falls in with the comprehensive plan update. Mayor Prochaska said the two plans should play off each other and will not duplicate each other. Schoppe also wanted to know if he should incorporate recently adopted plans such as the recreation master plan and the transportation plan into the comprehensive plan update. Mayor Prochaska said it might be a good idea to add all of the new information that comes to the city to the plan. Schoppe also asked if the city wants the preservation of open space in the southern part of the project area to separate and define adjacent communities. Mayor Prochaska said specifically along Route 126 the city would want to plan for bands of open space. He said that wherever possible along that road, he'&ould want to encourage the forest preserve or Page 7 of 7 others to buy land for preservation. Prochaska added he would like to see more connected green space rather than ribbons of green. Graff said it would be a good idea for the city to try to promote green space corridors along certain roadways. Prochaska said the Grande Reserve development has planned large setbacks along Route 34 to show a large green area. He said he likes that idea. Shoppe said he also wants to know if the downtown plans should be incorporated into the comprehensive plan update. Prochaska said not right now. He said he sees that as a separate plan. As the city plans for growth, Schoppe said the toughest part is going to be getting a consensus on an objective. For instance, Mayor Prochaska said Route 126 is one of the most beautiful drives in this area. He said it's hard to understand that someday that will be developed. He said he wants to know how the city can keep some of that farm scape. Schoppe said he senses the city wants to have an image, possibly a rural one, and that the city council needs to determine what it can do to enhance that image. Prochaska suggested Schoppe bring the scope of services to cover under the comprehensive plan update to the Jan. 20 C.O.W. meeting. The meeting adjourned at 10 p.m. Minutes respectfully submitted by Dina Gipe 01/13/04 TUE 15:43 FAX DANIEL J. KRAMER X1002 4 ' November 11, 2003 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Progressive Holdings Route 34 and Route 47 Ladies and Gentlemen: Please be advised that Wade Joyner, the Attorney for the above referenced Petitioner,has requested the inclusion following language to the Development Agreement for the above referenced property. Please review the following requests in conjunction with the Petitioners' Site Plan and contact:my office with any comments and/or concerns. • Signage. OWNER/DEVELOPER,its grantees,successors and assigns, shall be permitted to construct,operate and maintain temporary and permanent signs upon the various portions of the PROPERTY owned or controlled by it. Each lot shall be permitted one ground or pole sign, with internal or external lighting.? • additional language for gas station special use? No time limit on special use. Car wash: stacking for 3 cars; • All Development Ordinances in effect as of the date of this Agreement shall continue in effect insofar as they relate to the development of the PROPERTY,except as provided in this Agreement. These Development Ordinances shall be frozen from the date of this Agreement and any amendments to these Development Ordinances shall not apply to the PROPERTY except as stated for life safety issues. • OWNER/DEVELOPER has represented to the CITY and the CITY acknowledges that the lots identified on the P.U.D. Plan may be changed in the future. Any Final Plat shall be in substantial conformance with the P.U.D. Plan if the Final Plat meets the approved bulk lot standards. Changing the location of the lot lines shall not be considered a change of the P.U.D.Plan or this Agreement so long as the Final Plat meets the approved bulk standards, There shall be a 01/13/04 TUE 15:44 FAX DANIEL J. KRAMER Ej003 time limit of twenty(20)years between approval of the P.U.D. Plan and submission of the Final Plat for approval by the CITY. • The CITY shall allow OWNER/DEVELOPER's connection to the sanitary sewers as required by the City Engineer. The CITY warrants and represents to OWNER/DEVELOPER that it owns, operates and maintains a sanitary sewer and potable water supply/distribution systems within its borders of the PROPERTY, which mains have at this time,sufficient capacity to accommodate the anticipated sanitary sewer and potable water supply requirements of the PROPERTY to the extent the PROPERTY is developed in accordance with the P.U.D. Plan. The CITY shall cooperate with OWNER DEVELOPER in obtaining all necessary off-site easements and shall grant OWNER/DEVELOPER access to all CITY-owned rights-of-way to enable OWNER/DEVELOPER's provision of sanitary sewer and potable water service to the PROPERTY. OWNER/DEVELOPER shall restore property affected by off-site extension of sanitary sewer and potable water lines to its condition existing prior to said construction. • If IDOT requires OWNER/DEVELOPER to convey property or condemns property for additional right-of-way, the required setbacks for the PROPERTY as shown on the P.U.D. Plan shall always be measured from the existing property line so that the PROPERTY shall continue to comply with this agreement and shall not be considered non-conforming by the CITY. • The CITY shall issue certificates of occupancy for buildings constructed within the PROPERTY within three(3) working days subsequent to application therefore, or issue a letter of denial with said period informing the applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate. Inability due to adverse weather conditions to install a final surface course on driveways, service walks,public sidewalks,stoops,landscaping (including parkway trees) and final grading,shall not delay the issuance of a temporary certificate of occupancy,which shall contain specific deadlines for completion of each of the items not completed. The CITY shall not issue a final occupancy permit unless the Final Plat for the PROPERTY is recorded. • Upon the written request of OWNER/DEVELOPER, its grantees, successors and assigns,if Lot 3 is used as a restaurant, CITY agrees to issue a proper liquor license pursuant to its Ordinance upon compliance with.all terms of the City's Liquor Control Ordinance and State of Illinois Liquor Control regulations. 01/13/04 TUE 15:44 FAX DANIEL J. KRAMER 01004 • The CITY represents and warrants to OWNER/DEVELOPER that there are no•recapture fees that are or shall become due and payable by the OWNER/DEVELOPER as a result of connection to any utility or road improvements serving the PROPERTY. • All landscape buffers required under this Agreement may,in the sole discretion of the OWNER/DEVELOPER,be included within a platted as part of the applicable lot. In such event, the owner of such lot within which the landscape buffer is located,shall maintain, at such owner's expense,the landscape material contained therein following the responsible.OWNER/DEVELOPER's construction and completion of the landscape buffer. • The provisions.of this Agreement and Ordinance approving this Agreement shall sttpercede the provisions of any ordinance, code or regulation of the CITY which may be in conflict with the provisions hereof. •• • • - 01/13/04 TUE 15:44 FAX DANIEL J. KRAMER 21005 October 30, 2003 Revised: November 11, 2003 STATE OF ILLINOIS ) I ) SSI, COUNTY OF KENDALL ) • 11 DRAFT'DEVELOPMENT AGREEMENT FOR PROGRESSIVE HOLDINGS,LLC � I Prepared by&Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 • • 1 I � - 01/13/04 TUE 15:45 FAX DANIEL J. KRAMER Z 006 I, I 1 DRAFT DEVELOPMENT AGREEMENT 1 This Development Agreem nt,hereinafter referred as to"Agreement", is made and entered into this day of _ ,2003,by and between, PROGRESSIVE HOLDINGS, LLC, an Illinois LiUnited Liability Company,hereinafter referred to as "OWNER/DEVELOPER", and tt► United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY'.'The OWNER/DEVELOPER and the CITY may hereinafter be referred to as the Parties. I WITNESSETH 1 WHEREAS, the OWNEi EVELOPER is an Illinois Limited Liability Company and the Owner of certain real property, hereinafter referred to as "Property", located in the CITY and legally described as set forth in Ex}Iibit "A" attached hereto and incorporated by references as if more fully set forth; and WHEREAS, the Property is generally located East of the Yorkville Marketplace including a grocery store as the anc mor tenant and various other related users. The Property is currently zoned B-3 Service Business District and consists of approximately 2.14 acres; and WHEREAS, the CITY has etermined that the terms and conditions set forth herein will serve a public use and will promcite the health, safety,prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNER/DEVELOPER has informed the CITY that it intends develop the property as a gas station, stripyall and banking facility; and WHEREAS, the OWNS DEVELOPER, its vendors, grantees, assigns, successors, trustees,and all others holding 'y interest now or in the future, agree and enter into this contract, which shall operate as alcekenant running with the land and be binding upon any developer and its representatives;) I NOW,THEREFORE, theICITY and the OWNER/DEVELOPER,in consideration of the mutual covenants and agreements',c Intained herein, do mutually agree as follows: ARTICLE I LAN SCAPE AND BUFFERING Except as outlined below, ili OWNER/DEVELOPER covenants and agrees that it shall comply with and conform its landscape improvements to the current United City of Yorkville Ordinance requirements,not the La landscape Ordinance requirements approved in the original Consent Decree. The OWNER/DIIEVELOPER is requesting a 15 foot landscape buffer fronting Route 34 and Route 47. 2 01/13/04 TUE 15:45 FAX DANIEL J. KRAMER Z007 ` I ARTICLE II ,PROPERTY DEVELOPMENT I The Development of the br perty shall be pursuant to the preliminary site plan approved by the United City of Yorkville wh ch is attached hereto and incorporated herein as Exhibit "B" which shall further contain all pr',eliminary landscape requirements to be developed on site. That the development of h� subject real.p operty described in the attached Exhibit "A" shall be subject to approval of all Ordinances of the CITY: Site Plan approval, engineering consultant approval by CITY stal:f br outside review engineering as elected by the CITY and Site Plan approval by the City Council 41 conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Qrlinance, City Reimbursement of Consultants and of Review Fees Ordinances,Municipal Buildingl_ec, Weather Warning Siren Fee, City Land-Cash Ordinance, and City Development Fee Ordinance,payable at the time of Site Plan approval, which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER. OWNER/DEVELOPER, crept to the extent varied by this Agreement the Site Plan shall comply with all requirements as Sellout in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time of execution of this Agreement. No change in the United City of Yorkville Zoning bidinance, Subdivision Control Ordinance, City Reimbursement of Consultants a{id!of Review Fees Ordinance, and City Development Fee, which have been enacted subsegther t to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards,!p.t other standards or requirements for this Development except as provided for in those Ordinances)in effect at the time of execution of this Agreement. Developers, however, will be bound by changes in building codes,building material changes and the like that may be enacted bLtlje C TTY, so long is the same arc applied in a nondiscriminatory manner throughout the CITY. The City agrees that should the United City of Yorkville revise, alter or otherwise modify the parking requirements contained in its Zoning Ordinance to provide for a reduction from the standardlas of the date of this Agreement,the City will allow the • OWNER/DF,VELOPER to cornplx,iwit i reduced standard. Utilities and Public Improve rents. That On-Site infrastructure construction and engineering shall be governed byith4 standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control. Roadway right-of-ways,widths of streets. and roadway construction standards shall complylwith the requirements as set out on the approved Site Plan. All ordinances, regulationk, nd codes of the CITY, including, without limitation those pertaining to subdivision controlsl zoning, stone water management and drainage building 3 1 01/13/04 TUE 15:48 FAX DANIEL J. KRAMER 2]008 • requirements, official plan, and rc;lated restrictions,as they presently exist, except as amended, varied, or modified by the terms hflthis Agreement, shall apply to the Subject Property and its development for a period of fivel(($years from (he date of this Agreement except to the extent this would affect the United Cit of Yorkville ISO Insurance Policy in which case said changes would be applicable to O WNERYDEVEI.OPER. 90 days after passage by the City Council, so lona as said changes are applied iankormly throu.hout the City . Any Agreements,repeal,or additional regulations which are!subsequently enacted by the CITY shall not be applied to the development of the Subject Prop; iy except upon the written consent of DEVELOPER during said five (5)year period. After slLi'c! five (5)year period,the Subject Property and its development will be subject to all.ordinances.Notations, and codes of the CITY in existence on or adopted after the expiration ofi said live (5) year period, provided, however,that the application of any such ordinance regulation or code shall not result in a reduction in the number of residential building lots hereiri.aDpa;ovcd for the Subject Property, alter or eliminate any of the ordinance variations provided foi.hbrein, nor result in any subdivided lot or structure consu-ucted within the Subject Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary na;cktiithstanding, in the event the CITY is required to modify, amend or enact any ordinance orkremlation and in apply the same to the Subject Property pursuant to the express and specjb ie mandate of any superior governmental authority, such ordinance or regulation shall appi'to the Subject Property and be complied with by DEVELOPER, provided,howe4r,,that any so called "grandfather"provi sion contained in such superior governmental mandate uwhich would serve to exemst or delay implementation against the Subject Property shall be givknI full force and effect. ARTICLE III COI`1SENT DECREE COMPLIANCE OWNER/DEVELOPER atk CITY acknowledge that the Property is bound by the terms of a Consent Decree affecting th P.operty previously entered in the Circuit Court of Kendall County. Prior to approval of the k li.e Plan and Final Plat of Subdivision, CITY shall secure a letter from Inland approving the liteliminary Site Plan and Development Agreement. Upon presentation of said letter,the ciTiy through its City Attorney shall obtain a written Agreed Order modifying the Consent Juliet�t in conformance with the Preliminary Site Plan and Development Agreement approvg�all changes thereunder, ARTIC:LE IVL'FPECTIVEDATEThe effective date of thisI eement shall be the date this Agreement approved and ' executed by the OWNERIDEVEIL, ER and CITY. a �, ,, 01/13/04 TUE 15:48 FAX DANIEL J. KRAMER ZI 009 II ARTICLE IV I'l'SCELLANEOUS PROVISIONS A. This Agreement sl'1ll be binding upon and inure to the benefit of the parties hereto, their succors in interest, assignees, lessees, and upon any successor municipal author%t s of the CITY and successor municipalities and shall be enforceable accor.iitg to its terms and conditions under the laws of the State of Illinois. Except si;otherwise expressly provided herein, upon the conveyance or assignment by Oi ER/DEVELOPER to new Owner or Developer of its interest in the Property to i�i 1y successor, assign, or nominee, Owner or Developer, as the case may be, shal be released from any and all further liability or responsibility under this Ordina ie or Agreement except to the extent previously undertaken by OWNER/DEVE 'PER, or for which OWNER/DEVELOPER has posted security to perfori 1,an obligation in which case OWNER/DEVELOPER shall be bound to confirm complete its performance unless a replacement bond or letter of credit is postediby the new Owner or Developer, and accepted by the CITY which shall not bd unreasonably withheld. In such event the original OWNER/DEVELgPER shall be released from the underlying obligation to perform. The CIT :�, !shall thereafter look only to the successor, assign, or nominee of OWNER/DEVBttOPER concerning theP erformance of such duties and obligations of OW I, ER and such DEVELOPER hereby undertaken. I , B. The various parts, .cti�ons, and clauses of this Agreement are hereby declared to be severable. If atl. part, sentence,paragraph, section, or clause is adjudged unconstitutional or:invalid by a Court of competent jurisdiction, the remainder of the Agreement shAll iiojt be affected thereby. C. In all other respec sfile!original Consent Decree is hereby ratified, re-published, and confirmed. �I 1. D. All notices provid , for herein shall be in writing and shall be deemed effective when personally d ,,'vered or three days after such notices have been mailed be certified or registe d mail, postage-prepaid, return receipt requested, to the Parties at the addr s yes given below or at such other address as may be specified by written notice. 'I If to OWNER/DEVELOP!, : ' Progressive Holdings, LLI' Attn: Wade Joyner 275 Ashe Road Plano, IL 60545 I it ' I i 5 • , • 01/13/04 TUE 15:47 FAX DANIEL J. KRAMER Z 010 It to the City: United City of Yorkville I United City of Yorkville Attn: Daniel J. Kramer, lily Attorney Attn: Tony Graff, City Administrator 1107A Bridge Street 800 Game Farm Road Yorkville, IL 60560 Yorkville, IL 60560 IT WITNESS WHEREO!;, thi Parties have executed this Agreement as of the day and year first above written. i Y United City of Yorkville, lllinoi, By: l Arthur F.Prochaska,Jr., Mayor j ATTEST: City Clerk I j ' I , ii •'I • 6 • = 01/13/04 TUE 15:47 FAX DANIEL J. KRAMER Z011 ! • , I ' I DEVELOPER: tI PROGRESSIVE HOLDINGS, L By: Attest: • 7 ,. ,; • I '1 • , 01/13/04 TUE 15:47 FAX DANIEL J. KRAMER 0 012 EXHIBIT LIST Exhibit"A" - Legal Des iiptr. n Exhibit"B" - Preliminat it L Plan &Preliminary Landscape Plan I I I ! : 1'' 8 : i' I i `.s0 Co. 0 United City of Yorkville J � EST.% t8S6 County Seat of Kendall County 800 Game Farm Road CO Yorkville, Illinois 60560 O� =0 Phone:630-553-4350 ae�a.aow Fax:630-553-7575 kLE NN'`' January 8, 2004 Tony Graff, City Administrator Bill Dettmer,Building Inspector Anna Kurtzman United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Proposal Concerning Flag Lots To Whom It May Concern:: Please be advised that I have reviewed the attached suggestion in regard Flag Lots. Obviously it would not just affect Flag Lots, but many other situations in the City. I would recommend simplifying the procedure in saying that any lot not conforming to State Statute, or City Ordinance, which reacts a new lot be considered the subdivision of land and be required to following the existing the plat procedure. I believe that this would result in much more simplified and direct procedure, and would eliminate the need for a separate public hearing. The problem is when you make a public hearing mandatory under one of our ordinances you have to have a set of standards and findings which would not be uniform in all situations as sited in the attached. When we go through the platting process, any and all of the bullet points you show in the attached memo can be considered when approving or not approving a preliminary and final plat. That would be my • recommendation for a bit of a simplified procedure in this regard. Should you have any questions please feel free to contact me. Ver rul yours, Daniel J. Kr. er Attorney at Law DJK/pdc