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Economic Development Packet 2004 08-19-04 � United City of Yorkville id r 5 fn,� County Seat of Kendall County . est.% - --- isss 800 Game Farm Road �� t0 Yorkville, Illinois 60560 0 �� y\ 0 Phone:630-553-4350 '1,, ,Ze-° V Fax:630-553-7575 t. AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, August 19, 2004 7:00 p.m. City Rall Conference Room Presentation: None 1. Approval/Correction of Minutes: None 2. Building Permit Report for July 2004 3. School District #115 Resolution Requesting Funding Alternatives 4. Blackberry Oaks Golf Course Annexation Agreement 5. Yorkville Ace Annexation Agreement 6. Swanson Lane Estates —Annexation and Zoning 7. Fox Hill Unit 7 - POD 10 —Preliminary/ Final Plat 8. PUD Amendment for Senior Apartment Housing (Formerly New Directions) Horve Builders 9. White Tail Ridge— 1 1/2 Mile Review 10. Revised Landscape Ordinance 11. Appearance Code 12. Amendment to Building& Zoning Code Addressing Maximum Height and Building Materials 13. Additional Business BUILDING PERMIT REPORT United City of Yorkville July 2004 Types ofPermits Y rm Number of PermitsIssued SFD 2-Family Multiple-Family Commercial al Ind stri al Miscellaneous Total Construction Cost July 2004 , 89 39 0 0 1 0 49 $7,182,910.00 Calendar Year 2004 1 616 287 3 0 7 0 318 $58,139,358.00 Fiscal Year 2004 344 155 0 0 4 0 185 $33,113,763.00 July 2003 2 107 36 5 0 4 0 62 $10,695,205.00 Calendar Year 2003 2 519 197 11 0 19 1 291 1 $50,088,125.00 Fiscal Year 2003 2 304 101 8 0 11 0 184 $26,309,724.00 July 2002 83 22 1 0 2 0 58 $5,227,116.00 Calendar Year 2002 3 490 157 3 2 28 0 300 $36,294,121.00 Fiscal Year 2002 249 62 1 0 12 0 174 $14,505,892.00 July 2001 55 22 2 0 1 0 30 ! $6,998,754.00 Calendar Year 2001° 281 99 5 4 5 1 167 $25,113,732.00 Fiscal Year 2001 4 168 55 4 3 2 1 103 $15,316,312.00 July 2000 5 33 14 1 0 2 0 21 $2,253,716.00 Calendar Year 2000 567 ' 205 70 1 0 4 0 135 $10,689,638.50 Fiscal Year 2000 5 6 7 113 40 1 0 3 0 74 $6,052,560.00 1 Permit Number Y-04-097 and Y-04-098 were issued for each side of a duplex,only 1 structure was built. 2 Permit Number Y-2003-324 was voided,thus only 519 of 520 assigned permit numbers were actually issued. J Permit Number Y-2002-034 was voided,thus only 490 of 491 assigned permit numbers were actually issued. Permit Number 01259 was for 4 Attached SFDs;reissued as Permits 01259A,B,C,and D. 5 Permit Number 00189 was tar 6 Attached SFDs. 6 Permit Number 00122 was for 6 Attached SFDs. Permit Number 00101 was voided,thus only 205 of 206 assigned permit numbers were actually issued. 17 1 w. 115/ 4\ YORKVILLE COMMUNITY UNIT DISTRICT 115 I m 602 Center Parkway, Suite A, P. 0. Box 579 Yorkville, IL 60560-0579 9 �,vl �V {iN_\:.:(?)/ 056 i-0_ �`- Telephone (630) 533-4382 \,0,,.. RK P Fax (b 0) 533-4398 June 28, 2004 YORKVILLE HIGH SCHOOL 797 Game Farm Road Yorkville,Illinois 60560 City Officials Telephone(630)553-4380 United City of Yorkville YORKVILLE MIDDLE SCHOOL 800 Game Farm Road 702 Game Farm Road Yorkville, IL 60560 Yorkville,Illinois 60560 Telephone(630)553-4385 CIRCLE CENTER Be it understood that on June 28, 2004, the Board of Education of INTERMEDIATE SCHOOL Yorkville CommunityUnit School District#115passed the following 901 Mill Street Yorkville,Illinois 60560 Resolution: Telephone(630)553-4388 YORKVILLE GRADE SCHOOL The Board of Education of the Yorkville Community School District 201 West Somonauk Street Yorkville,Illinois 60560 #115 request that the United City of Yorkville City Council assist the Telephone(630)553-4390 School District in our efforts in dealing with the growing number of BRISTOL GRADE SCHOOL school children entering our school system, due to the continued growth 23 Hunt Street PO.Box 177 of the City of Yorkville. The Board of Education requests that the City Bristol,Illinois 60512 Telephone(630)553-4383 Council, when possible, ask developers to contribute the necessary finances and land necessary to build such a school(s) within their development(s), perhaps, as part of the development agreement. To assist in this request, District#115 has draft (prototype)plans available for both elementary and middle school buildings for developers to evaluate for"fit to site" and is ready and willing to work with the City and such developers on such a positive venture for our community. .7.--1-2-'? ithidirrrifi I rt Br-ri ;oard of Education President Dean R. Fish- , Board of Education Secretary UNITED CITY OF YORKVILLE Memo To: Mayor Art Prochaska, Jr. From: Tony Graff, City Administrator CC: Atty. K. Kramer &Atty. D. Kramer Date: 7/23/04 Re: Blackberry Oaks Annexation This is a summary from the meeting Attorney K. Kramer and I had with Attorney D. Ingemunson and Matt Blocker on June 8,2004. 1. The zoning request would be Al for the Golf Course and B3 for the Clubhouse area, and maybe an outlot or two also for future expansion where the current driving range is located,possibly some flex type zoning area. 2. The well for the landscaping would be a permitted use. 3. They need to annex to Fox Metro Sanitary District for the B3 area only. 4. Driving Range standards...Lighting,Landscape Screening on Kennedy Road 5. Tax Rebate request for City portion only 3 years. 6. Liquor License available and the ability to serve liquor on the course and outside for special events. 7. The City needs to have an annexation plat and survey of the property. 8. Water and Sewer fee one hook up waived. 9. Utility Tax issue for the pump station possible rebate? 10. Future annexation of the Homes around Blackberry? 1 STATE OF ILLINOIS ) July 26,2004 COUNTY OF KENDALL ) PROPOSED ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE and THIS AGREEMENT is made and entered into this day of July, 2004 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), and , of Bristol Township, Kendall County, Illinois (hereinafter referred to as "Owner"). WITNESSETH WHEREAS, Owner is the owner of land which lies northwesterly of and contiguous to the existing corporate limits of the City,which said land is more particularly described as: SEE ATTACHED EXHIBIT "A" WHEREAS, Owner desires to annex the said real property described into the City, its Plan commission has considered the Petition, and the City Council has heretofore approved the proposed land use and the zoning of the same at the request of Owner and the City; and WHEREAS, Owner has presented, and the City has considered, the tracts of land herein described being Annexed and Zoned as A-1 Special Use for the operation of a golf course, B-3 Highway Business District use in order to make said real estate a desirable addition to the City; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the City in an orderly manner; and WHEREAS, Owner and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111-15 through 65 ILCS 5/11-15.1-5 (2002), as amended, as follows: 1. ANNEXATION AND ZONING. The City shall adopt an ordinance annexing to the City all of the real estate described herein and the City in said ordinance shall zone the real property subject to the further terms of this Agreement as follows: The subject property legally described in the attached Exhibit"B" shall be zoned as A-1 Special Use for the operation of a golf course, the subject property legally described in the attached Exhibit"C" shall be zoned as B-3 Highway Business District for the operation of a Club House/Restaurant facility and the property legally described in the attached Exhibit "D" shall be zoned as B-3 Highway Business District. Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on Exhibit"E" for B-3 Highway Business District said real estate shall be used and developed in accordance with 65 ILCS 5/11-15.1 through 65/ILCS 5/11-15.1-5 (2002), and in accordance with the City Subdivision, Control and Zoning Ordinances. 2. CITY'S AGREEMENTS. A) Owner is entitled to one free City Sanitary Sewer hook-up and one free Water hook-up from the United City of Yorkville. Petitioner shall receive an abatement of the City portion of Real Estate Taxes from a period of three (3) years, from the date of execution of this 2 Agreement,or two (2) years from the time at which Sanitary Sewer and Water Hook-ups are available within 250 feet of the subject property of Petitioners, which ever is longer. B) The Parties agree that the Owner shall annex the real property zoned B-3 Highway Business District and legally described in Exhibit"C"and Exhibit"D"to the Fox Metro Reclamation District and obtain sanitary/sewer service for the aforementioned real property from the Fox Metro Reclamation District. Owner agrees to execute any and all documentation necessary to accomplish the aforementioned annexation to Fox Metro Reclamation District. C) The owner agrees to comply with the current United City of Yorkville Landscape, Zoning and Subdivision Control Ordinances for the real property legally described in the attached Exhibit"D" and currently used as a golf driving range. Furthermore, the Owner agrees to provide and install the improvements necessary to comply with United City of Yorkville Landscape Ordinance. B)No current recapture, annexation, or license fees of any kind are being charged for the annexation of the subject real property to the United City of Yorkville. C) Petitioners and their successors,heirs, and assigns shall be permitted to carry on their business in its present fashion. D)The Owner shall be entitled to continue to utilize the existing well located on the property for landscaping and operation of said golf course. E) The City represents and warrants the availability of a Liquor License for the property. The Owner agrees to submit the necessary documentation to obtain a United City of Yorkville Liquor License pursuant to the United City of Yorkville Liquor Control Ordinance. 3 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE. Except as herein modified or varied, Owner shall comply, in all respects,with all of the provisions of the Zoning Ordinance, Subdivision Control Ordinance and Development Fee Ordinance of the City in the development of the subject real property herein described. A) It is understood and agreed that all subsequent amendments of this Agreement, Plats of Subdivision, or any development of the subject property may be obtained for all or any portion of the subject property without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the subject property not included in the afore described actions. B) It is agreed that no ordinances dealing with land cash donations for schools and parks, occupancy permits and tap-on fees, and review fees, or additional fees or additional fees or donations will be required by the City from Owner, except as may be charged on a non- discriminatory basis to all residents of the City, imposed at the time of platting of any particular phase of the subject real property, if it is ever subdivided. 4. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that Owner and its successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the subject property and the improvements thereon to other persons, trusts,partnerships, firms, or corporations for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as Owner under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any 4 performance bonds or guaranties posted by Owner on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the City. 5. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 6. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the city, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said city, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the City. 8. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: 5 If to the City: City Clerk 800 Game Farm Rd. Yorkville, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge Street Yorkville, IL 60560 If to Owner: or to such other addresses as any party way from time to time designate in a written notice to the other parties. 9. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised herefrom and the remaining portions thereof shall remain in full force and effect. 10. ENACTMENT OF ORDINANCES. The City agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2004. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, 6 this day of , A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this day of , A.D. 2004. Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 7 STATE OF ILLINOIS ) Revised July 27, 2004 COUNTY OF KENDALL ) PROPOSED ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE TRI-R-CORP., an Illinois Corporation (K_„Lc-4-.N (le Ace') THIS AGREEMENT is made and entered into this day of August, 2004 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), and TRI-R-CORP, of Bristol Township, Kendall County, Illinois (hereinafter referred to as "Owner"). WITNESSETH WHEREAS, Owner is the owner of land which lies northwesterly of and contiguous to the existing corporate limits of the City, which said land is more particularly described as: SEE ATTACHED EXHIBIT "A" WHEREAS, Owner desires to annex the said real property described into the City, its Plan commission has considered the Petition, and the City Council has heretofore approved the proposed land use and the zoning of the same at the request of Owner and the City; and WHEREAS, Owner has presented, and the City has considered, the tracts of land herein described being Annexed and Zoned as B-3 Highway Business District use in order to make said real estate a desirable addition to the City; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the City in an orderly manner; and WHEREAS, Owner and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained,the parties agree, under the terms and authority provided in 65 ILCS 5111-15 through 65 ILCS 5/11-15.1-5 (2002), as amended, as follows: 1. ANNEXATION AND ZONING. The City shall adopt an ordinance annexing to the City all of the real estate described herein and the City in said ordinance shall zone the real property subject to the further terms of this Agreement as B-3 Highway Business District. Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on Exhibit"B" for B-3 Highway Business District said real estate shall be used and developed in accordance with 65 ILCS 5/11-15.1 through 65/ILCS 5/11-15.1-5 (2002), and in accordance with the City Subdivision, Control and Zoning Ordinances. 2. CITY'S AGREEMENTS. A) TRI-R-CORP is entitled to one free City Sanitary Sewer hook-up and one free Water hook-up from the UNITED CITY OF YORKVILLE. Petitioner shall receive an abatement of the City portion of Real Estate Taxes from a period of three (3) years, from the date of execution of this Agreement, or two (2) years from the time at which Sanitary Sewer and Water Hook-ups are available within 250 feet of the subject property of Petitioners, which ever is longer. B)No current recapture, annexation, or license fees of any kind are being charged for the annexation of the subject real property to the UNITED CITY OF YORKVILLE. The City shall further acquire at its expense a proper annexation drawing in conformance with Illinois 2 Compiled Statutes. C) Petitioners and their successors, heirs, and assigns shall be permitted to carry on their business in its present fashion, and shall granted legal nonconforming use status as it relates to the United City of Yorkville Zoning and Building Code, until major remodeling to the existing structure and/or redevelopment of the site. D) Petitioners shall not be required to hook-up to City Sanitary Sewer or City Water until such time as they desire, or there is a failure of their existing Well and Septic System, 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE. Except as herein modified or varied, Owner shall comply, in all respects, with all of the provisions of the Zoning Ordinance, Subdivision Control Ordinance and Development Fee Ordinance of the City in the development of the subject real property herein described. A) It is understood and agreed that all subsequent amendments of this Agreement, Plats of Subdivision, or any development of the subject property may be obtained for all or any portion of the subject property without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the subject property not included in the afore described actions. B) It is agreed that no ordinances dealing with annexation, land cash donations for schools and parks, occupancy permits and tap-on fees, including legal review fees and review fees, or additional fees or additional fees or donations will be required by the City from Owner, except as may be charged on a non-discriminatory basis to all residents of the City, imposed at the time of platting of any particular phase of the subject real property, if it is ever subdivided. 4. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is 3 specifically understood and agreed that Owner and its successors and assigns shall have the right to sell,transfer, mortgage and assign all or any part of the subject property and the improvements thereon to other persons, trusts, partnerships, firms, or corporations for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as Owner under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by Owner on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the City. 5. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 6. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the city, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding 4 upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said city, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the City. 8. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: If to the City: City Clerk 800 Game Farm Rd. Yorkville, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge Street Yorkville, IL 60560 If to Owner: Tri-R-Corporation c/o Ted Schick 9620 Rt. 34 Yorkville, IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 9. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised herefrom and the remaining portions thereof shall remain in full force and effect. 5 10. ENACTMENT OF ORDINANCES. The City agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2004. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2004. Attest: CITY CLERK OWNER: Tri-R-Corporation By: President Attest: Secretary 6 Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630) 553-9500 7 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) PLANNED UNIT DEVELOPMENT AGREEMENT OF NEW DIRECTION HOUSING CORPORATION This Planned Unit Development Agreement (hereinafter"Agreement"), is made and entered into this q`±'`iday of -1_,k-ti '2003,by and between the UNITED CITY OF YORKVILLE, a municipal corporation,hereinafter referred to as "CITY" and NEW DIRECTION HOUSING CORPORATION., hereinafter referred to as "DEVELOPER" and SUNFLOWER ESTATES, L.L.C.,hereinafter referred to as "OWNER". WITNESSETH WHEREAS, OWNER owns fee simple interest to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 3.48 acres, more or less (hereinafter"PROPERTY"); and which is depicted in the Site Plan which is attached hereto and incorporated herein as Exhibit "B"; and WHEREAS, DEVELOPER has entered into a written agreement to purchase the real property which is the subject matter of said Agreement comprising approximately 3.48 acres, more or less; and WHEREAS, CITY has determined that a need for affordable housing for the population over the age of 55 exists within the UNITED CITY OF YORKVILLE; and WHEREAS, the CITY and DEVELOPER agree said Planned Unit Development consisting of a single lot subdivision with the R-4 General Residence Zoning Use shall be exclusively for an age restrictive facility specifically providing residences for those individuals who are 55 years of age or older. WHEREAS, it is the desire of OWNER and DEVELOPER to provide for the orderly development of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Planned Unit Development Agreement and the Ordinances of the CITY; as a Planned Unit Development establishing a unique open space character and to provide for the orderly flow of traffic in the development and to adjoining real property; and to provide rezoning to an R-4 General Residence Zoning Use for said parcel; and —1— WHEREAS, it is the desire of the CITY and DEVELOPER to enter into this Agreement and facilitate development of the PROPERTY pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such Agreement; and WHEREAS, it is the intent of OWNER and DEVELOPER to design a stormwater management system for the subject PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the rezoning 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 this Agreement all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS,the OWNER,DEVELOPER and CITY agree that upon execution the this Agreement the subject PROPERTY shall be designated a Planned Unit Development with an R-4 General Residence District as set forth in the attached hereto and incorporated herein as Exhibit "B'; and WHEREAS, the DEVELOPER agrees to abide by the documentation as required by the State of Illinois to qualify as an age restriction property a copy of which is attached hereto and incorporated by reference as Exhibit"C"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all Ordinances and other documents that are necessary to accomplish the rezoning of the PROPERTY; and 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: A. That the development of said property shall be subject to approval of all Ordinances of the CITY; Site Plan approval, engineering consultant approval by CITY —2— staff or outside review engineering as elected by the CITY and Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinances, Municipal Building Fee,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 as a condition of approval of the.Planned Unit Development Agreement. B. OWNER/DEVELOPER, except to the extent varied by this Agreement the Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is initiated. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinance, and City Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks,performance standards, or 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 by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. The subject Site Plan attached hereto and incorporated herein by reference of OWNER/DEVELOPER shall be permitted to have a density of fifteen dwelling units per acre. OWNER/DEVELOPER is hereby permitted a deviation from the United City of Yorkville Subdivision Ordinance to provide parking shall be in covered but not fully in- closed garages, and the height of the building as set out in the Preliminary Plan is approved regardless of Ordinance height restrictions. 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 standard as of the date of this Agreement,the City will allow the OWNER/DEVELOPER to comply with reduced standard. C. Utilities and Public Improvements. That On-Site infrastructure construction and engineering shall be governed by the 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 comply with the requirements as set out on the approved Site Plan. D. Sanitary Sewer Facilities. 1. DEVELOPER shall cause the Subject 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. —3— The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER 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 Subject Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen(18) inches or greater in diameter("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense,be responsible for the ongoing care,maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense,be responsible for the ongoing care,maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. 2. In the event the CITY requires OWNER/DEVELOPER to oversize water mains, sanitary sewer mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any oversizing. 3. Any storm water detention facility constructed on-site shall comply with the requirements as set out on the approved Preliminary Plat,Preliminary and Final Engineering Plans approved by the City Engineer. 4. That off-site improvements for the provision of water, sanitary sewer and other utility and infrastructure services shall be provided by OWNER/DEVELOPER according to the City Subdivision Control Ordinance. After the installation of improvements by OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. 5. The CITY agrees to negotiate with OWNER/DEVELOPER the passage of a Recapture Ordinance for any off-site sanitary sewer or water main improvement or on-site sanitary sewer or water main improvement benefiting future users that are contiguous or within a reasonable service area of the subject subdivision Any recapture shall be done by Ordinance after the CITY has reviewed Engineer's drawings,pursuant to the Engineer's Estimate of Cost and Actual Cost of the —4— Improvements submitted by OWNER/DEVELOPER, and approved by a majority vote of the City Council. OWNER/DEVLOPER acknowledges that there is recapture due to the United City of Yorkville for Sanitary Sewer and Water Interceptors previously run to service the subject property. City will disclose prior to final passage of an Ordinance approving this Agreement whether any other recapture is in fact due as a result of said Development 6. OWNER/DEVELOPER and CITY agree that easements are necessary for off-site improvements to serve said property with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, including condemnation, to assist the OWNER/DEVELOPER in the acquisition of easements or permission to use easements from Bristol Township, Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of OWNER/DEVELOPER. 7. The Planned Unit Development being approved, as part of this Agreement shall be constructed in substantial conformance with the Site Plan attached hereto and incorporated herein as Exhibit"B". Deviations from this Agreement shall be allowed only if approved by majority vote of the City Council, or upon City Engineer's approval as to technical parts of engineering plans. OWNER/DEVELOPER further agrees to conform its Preliminary and Final Landscape, Preliminary and Final Engineering and Final Site Plan to provide the buffering and screening agreed to as set out in the Preliminary Site Plan for the Subject Property. 8. Approval of Final Plat and Final Engineering. Upon the submittal by DEVELOPER to the CITY of a Final Site Plan("Final Site Plan"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering") for the Development, which substantially conform with the Preliminary Plans as to such Phase of Development, the CITY shall promptly approve such Final Plan so long as it is in substantial conformity with the approved Preliminary Plan, and that DEVELOPER is not in material breach or default as to any terms of this Agreement, Final Landscape Plan and Final Engineering in compliance with applicable law and cause the Final Plan to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph I of this Agreement, for such Phase of Development, (ii) the payment of applicable fees to the CITY as provided for in this Agreement and (iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering are referred to herein collectively as the "Final Plans". —5— AMENDMENTS TO ORDINANCES. All ordinances,regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage,building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of five (5) years from the date of this Agreement except to the extent this would affect the United City of Yorkville ISO Insurance Policy in which case said changes would be applicable to OWNER/DEVELOPER 90 days after passage by the City Council, so long as said changes are applied uniformly throughout 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 Property except upon the written consent of DEVELOPER during said five(5) year period. After said five(5) year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5)year period, 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 herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER, provided, however, that any so called"grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. E. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty(30) days following the submission of the as built plans. F. GENERAL PROVISIONS. 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 ap- propriate 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. —6— Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation,both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. Notices. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail,return receipt requested, postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 111 W. Fox, Ste. 3 Yorkville, IL 60560 With a Copy : --Milled-City of Yor vil e sAttorney Law Offices of Daniel J. Kramer 1107A. S. Bridge St. Yorkville, IL 60560 If to the DEVELOPER: New Direction Housing Corporation c/o Roger Brown 1920 Highland Ave., Suite Lombard, IL 60148 With a Copy to: Applegate & Thorne—Thomsen P.C. Mr. Warren Wenzloff —7— 322 S. Green St., Suite 412 Chicago, IL 60602 Or to such other addresses as any party may from time to time designate in a written notice to the other parties. 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, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. 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 Subject Property as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Property not effected by such Agreement. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of the Subject Property,whether improved or unimproved. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors o� assigns;to devdYop—the u ject Property m accor�ic ance 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. Term of Agreement. The term of this Agreement shall be for five (5) years. In the event construction is commenced within said five year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. Captions and Paragraph Headings. The captions and paragraph headings used —8— herein are for convenience only and shall not be used in construing any term or provision of this Agreement. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. 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. 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. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall effect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville- Bristol Sanitary District. (Please include language stating that the City has adequate water sources/availability to serve the Development) 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. 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 -tire--Sut jest Prope—ti-y,-the CITY;-the DEVELOPER or OWNERS,inclucW,-but not limited to, county, state or federal regulatory bodies. -9- IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this CV-1(1 day of, 2003. pic UNITED CITY OF YORKVILLE, Kendall County,Illinois iJ , �✓7 / MAYOR / Atte. • - . IMP CI' CLE' OWNER/DEVELOPER: NEW DIRECTIONS HOUSING CORPORATION By: - KZ/ OFFICIAL SEAL Attest: A /; J � LORA J. CHARMAN NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 3.12.2007 Dated: %>- • 27'• 3 —10— • L ega/ Description • That port of the Southeast Quarter of Section 5, Township 36 North, Range 7 East of the Third Principal Meridian described as follows• Beginning at the Northeast corner of a • subdivision known as Sunflower Estates, Phase 1, Yorkville, . Kendall County, Illinois; thence South 01'20'48" East along an East line of said subdivision 309.99; thence North 8839'12" East along a North line of said subdivision, 490.0 feet to a line drawn parallel with the West right of way line of //finals State Route No. 47 and 622.30 feet South 88'39'12" West therefrom; thence North 01'44'07" West parallel with said Route 47 right of way line, 310.0 feet to the southerly richt of way line of Green Briar Road,• thence South 8839'12" West a/Ong said southerly right of way line 48790 feet to the point . of beginning in the United City of Yorkville, Kendall County, 'Illinois and containing 3480 acres. Inland _.. 75'-Ox dq` "SING SPACESTQTAL 14 TYP . • '',1x1 I '- 524'-0 - 8 15 f -. ,ir I EXISTING EARTH �' N 40 PARKING BERM & PLANTING - BUFFER SITE FROM SPACES SINGLE FAMILY HOMES UNDER PARKING CANOPY - y 1 y 4y 1 of u 7 ��rf. �N y ERED 0.: 16 ``'P-OFF AREA oma, ry, 9•a14:1: QLQ m i 18 24 25 s N.T.S DRAFT-NOT FOR CONSTRUCTION Owner: Architect: New Directions Housing Corp. William Worn Architects, P.C. 1920 Highland Avenue 401 W. Superior,#3F Suite 300 Chicago, I L 60610 Lombard, IL 60148 6 COPYRIGHT WILLIAM WORN ARCHITECTS,P.C.20IXj AFFIDAVIT THIS AFFIDAVIT is made this ,2-/'rday of January, 2004 by New Directions Housing Corporation ("Developer") for the benefit of the United City of Yorkville, Illinois ("City"). WHEREAS, the Developer has entered into a purchase contract for the acquisition of that certain property located in the United City of Yorkville, Illinois and commonly known as The Green Briar Apartments parcel (the "Property"); NOW, THEREFORE, the Developer hereby certifies to the City that it is applying for financial assistance from various governmental entities, including the Illinois Housing Development Authority, for development of the Property as a mixed income, elderly rental project available to persons of 55 years or older; and Developer hereby agrees, by and for itself and on behalf of any affiliate or subsidiary that may be the owner of the Property, that upon completion of development, dwelling units in the Property shall be leased to individuals 55 years of age or older, subject to any and all applicable governmental authority requirements, or any order or judgment entered with respect to the Property by any court of competent jurisdiction. New Directions Housing Corporation By: Name: 7 Its: �5��� ? STATE OF ILLINOIS ) ) ss. COUNTY OF ) Before me, the undersigned Notary Public in the aforesaid County and State, personally appeared Rodger Brown, and being duly sworn, acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal this / -qday of January, 2004. 43676 7i Notary Public OFFICIAL SEAL MARY L RAMMIEN NOTARY PUEELIC,STATE OF ILLINOIS MY COMMISSION EXPIHEe:1O/O3#06 HORVE CONTRACTORS RESIDENTIAL • COMMERCIAL August 16, 2004 TO: Tony Graff City Administrator City of Yorkville FROM: Steve K. Horve RE: Yorkville Supportive Living on Greenbrier Road Thank you for meeting with me last week! You and your staff were very accommodating. I look forward to continuing to work with you in the future in creating a project that we all will be proud of. We have done a market study, which shows that an SLF would do very well in Yorkville. However, because the development is geared toward affordable assisted living for seniors, it may not be feasible to finance high impact and tapping fees. If we can overcome that, get the property into a PUD, and do some additional due diligence on our part, we plan to put an application together to get approval for a supportive living facility similar to the one you are familiar with in Batavia. As you requested, I put together a packet of information for your plan commission to review. Included are: 1) Marked up copy of Rodger Brown's PUD. 2) A narrative explaining what a Supportive Living Facility is. 3) Pictures and floor plans of the same building that we built in Decatur. 4) A Site Plan showing the footprint and parking for our proposed facility on Greenbrier Road. Thanks again for giving us the chance to work with you. If you have any questions, please do not hesitate to call. 217/875-1362 (o), 217/620-3200 (m), stevehorve(aol.com. Sincerely, Steve K. Horve 330 Marion Avenue Forsyth, Illinois 62535 Office(217)875-1362 Fax(217)875-1748 What is a Supportive Living Facility and who will live There The proposed supportive living facility will provide an affordable assisted living residency for frail elderly persons. The average person is approximately 83 years old. The resident will pay as low as $474 per month for rent, meals, and all of the services listed below (this does not include any market rate residents, which we have set aside 16 apartments for). The SLF will provide the resident with an apartment to live in complete with all utilities including gas, electric, water and sewer. The building will be professionally decorated and furnished throughout. Three meals per day will be prepared and served on site. The development will provide an array of services to help residents with their activities of daily living, including, as needed, help with bathing, grooming, medication reminders, laundry, and housekeeping. There will also be social and recreational programs for the residents, and we will have a handicapped accessible mini-bus that will take residents to doctors visits, shopping, etc,. The facility will have staff present 24 hours per day and will do daily checks on the residents. The building will also be equipped with an emergency call system. It supportive living facility will employ approximately 35 full-time employees, including an administrator, marketing director, activities director, nutritionist, maintenance director, receptionist, director of nursing, certified nurses assistants, cooks, etc. Plan Description: The facility will be 2 stories and be very residential in appearance, with a siding/brick combination and a pitched shingled roof. The Site will include 55 parking spaces, 2 entrances from Greenbriar Road, a covered porte cochere entry, berms on the property as a buffer to existing homes, site detention, a small sign, and all utilities. The Building will be approximately 60,000 square feet. The common areas will include a 2-story entry, looking through to a large dining room, a full commercial kitchen that will cook 3 meals a day, a formal dining room, conference room, 2 elevators, activity room, (2) living rooms, salon, workout room, 3 laundry rooms, and several offices, and have 76 living units that average 475 square feet, of which there will be 60 (1) bedroom and 16 studios. The units will have a full bath, a kitchenette, dining area, living room and bedroom. Each unit will have it's own heating/cooling system with a remote thermostat. Cable and Phone will be in each unit. i. • • ELEVATION MATERIALS I-UTILITY SIZE FACE BRICK-COLOR BY ARCH. �l`� T.O.ROOF -' ; EL.:+32-11" B 12 ...'. .:.... .. .. ...:: ;. <' .. `/^� \ -•\� J 3REOINVCOLOR LLOR BY ARCH. SIDING,ALCOA l— 9 VINYL 5 4, �":' .... ... .........'......::.: .::........:.... ... ..:.�. 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J '� 4Y rt • -n K` am 11�deof osit,� 'Founded 1833 CARRIE HANSEN Village Administrator llllmp�����1111.-as �� ? _ if 113 Main Street ■Oswego, Illinois 60543 ' (630) 554-3287 ■ Fax: (630) 554-3306■ www.oswegoil.org August 12, 2004 Mr. Tony Graff, City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: White Rail Ridge—Jurisdictional Review Transfer Dear Tony: Enclosed please find a copy of Resolution 04-R-22, approved by the Oswego Village Board on Monday, August 9, 2004. Per the terms of the Intergovernmental Jurisdictional Boundary Line Agreement between the two communities, the Village of Oswego has agreed to transfer its one and one-half mile jurisdictional review right to the United City of Yorkville for review of the proposed White Tail Ridge development in unincorporated Kendall County. If you have any questions, please do not hesitate to contact me. Sincerely, VILLAGE OF OSWEGO / . \ Carrie L. Hansen Village Administrator CLH: Cc: Mr. Jerry Dudgeon, Kendall County Mr. Matt Blocker, GA Blocker Ms. Pam Hirth, Village of Oswego RESOLUTION NO. 04—R— 22 A RESOLUTION TRANSFERRING JURISDICTIONAL DEVELOPMENT REVIEW TO THE UNITED CITY OF YORKVILLE (White Tail Ridge Development) WHEREAS,the Village of Oswego has entered into an Intergovernmental Jurisdictional Boundary Line Agreement with the United City of Yorkville; and WHEREAS, Section 7 — Statutory Objection of said Boundary Line Agreement provides as follows: "In the event that either municipality's authority to assert a statutory objection to proposed rezonings, special use permits, or other land use proposals cannot be exercised within its designated area because the municipality is not located within one and one-half miles of the subject property, and if the other municipality is located within one and one-half miles of said property,then the municipality 1 ocated within one and one-half miles o f s aid property hereby transfers its authority to the other municipality." and; WHEREAS, a development proposal known as While Tail Ridge has been submitted to Kendall County for consideration and approval; and WHEREAS, the proposed White Tail Ridge development is generally located on the north side of Route 126, one-half mile west of Grove Road, within the United City of Yorkville's designated area per the terms of the Boundary Line Agreement; and WHEREAS, the proposed White Tail Ridge development is not within one and one-half miles of the United City of Yorkville, but is within one and one-half miles of the Village of Oswego. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES, as follows: 1. Per the terms of the Intergovernmental Jurisdictional Boundary Line Agreement Between the Village of Oswego and the United City of Yorkville, dated January 25, 2002, the Village of Oswego hereby transfers to the United City of Yorkville its one and one-half mile Resolution 04-R-22 Page 2 jurisdictional review authority for the proposed White Tail Ridge development, generally located north of Route 126 and one-half mile west of Grove Road. PASSED by the Oswego Village Board of Trustees this 9`h day of August , 2004. /h7y4— /NNE HOCH,VILLAGE CLERK APPROVED by me, Craig Weber, as President of the Board of Trustees of the Village of Oswego,Kendall County, Illinois, this 9th day of August , 2004. C• • _ . t AGE PRESIDENT 200300008550 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON 03-18-2003 ( t 12:18 pm. AGREEMENT 45. 00 INTERGOVERNMENTAL JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND THE UNITED CITY OF YORKVILLE This Agreement made and entered into this �S dayof J A.D. 201.-by and between the VILLAGE OF OSWEGO, Kendall County, Illinois, an Illinois municipal corporation(hereinafter sometimes referred to as "OSWEGO"), and the UNITED CITY OF YORKVILLE,Kendall County,Illinois,an Illinois municipal corporation(hereinafter sometimes referred to as"YORKVILLE"),both of said parties are hereinafter sometimes referred to collectively as "the Municipalities" and individually as "Municipality". WITNESSETH: WHEREAS, section 11-12-9 of the Illinois Municipal Code (Illinois Compiled Statutes, Chapter 65, Section 5/11-12-9), authorizes corporate authorities of municipalities to agree upon boundaries for the exercise of their representative jurisdictions within unincorporated territory that lies within one and one-half miles of the corporate limits of such municipalities; and WHEREAS, Section 10, Article VII, of the Constitution of the State of Illinois of 1970 authorizes units of local government, including municipalities,to contract to exercise, combine, or transfer any power or function in any manner not prohibited by law or ordinance; and WHEREAS, the Illinois Intergovernmental Cooperation Act, (Illinois Compiled Statutes, Chapter 5, Section 220/1 et seq.), authorizes municipalities to exercise jointly with any public agency of the State, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually,and to enter into contracts for the performance of governmental services, activities, and undertakings; and Boundary Line Agm Oswego Yorkville 12.20.01 1 WHEREAS, OSWEGO and YORKVILLE have adopted official comprehensive plans controlling the development of unincorporated territory; and WHEREAS, developments under way or in various stages of planning are creating growth opportunities in and near the unincorporated territory surrounding YORKVILLE and OSWEGO;and WHEREAS, OSWEGO and YORKVILLE have determined thatcurrent plans and opportunities for development will be accompanied by significantly higher demands for governmental services,police services,utility services,transportation services,and other municipal services and financial commitments to meet the necessities of development; and WHEREAS, prior to entering into this Agreement, OSWEGO and YORKVILLE have considered the ownership of property, natural flow of storm water and other relevant factors concerning the unincorporated territory; and WHEREAS,OSWEGO and YORKVILLE have determined that the territory lying between their present municipal boundaries is a rapidly developing area in which problems related to utility service, open space preservation,flood control,population density,ecological and economic impact, and multipurpose developments are ever increasing both in number and complexity; and WHEREAS, OSWEGO and YORKVILLE and their respective citizens are vitally affected by such concerns, and any attempt to solve them and provide for the welfare, prosperity, and employment of the inhabitants of the municipalities will be benefitted by the mutual action and • intergovernmental cooperation with respect thereto; and WHEREAS, OSWEGO and YORKVILLE have determined that there exists a need and Boundary Line Agm Oswego Yorkville 12.20.01 2 desire to provide for logical municipal boundaries and areas of municipal authority between their respective communities in order to plan effectively for the growth and potential development between their communities and the conservation of the available resources for all of their respective citizens; and WHEREAS, OSWEGO and YORKVILLE, after due investigation and consideration,have decided to enter into an agreement providing for the establishing of a boundary for their respective jurisdictions in the unincorporated territory lying between and near their boundaries; and WHEREAS, OSWEGO and YORKVILLE have determined that the observance of the Boundary Line in future annexations by the two municipalities will serve the best interest of the two communities; and WHEREAS, OSWEGO and YORKVILLE have determined that in some instances it will be desirable and necessary for the power and authority conferred on one municipality to be exercised by another; and WHEREAS,OSWEGO and YORKVILLE have authorized the execution of this Agreement as an exercise of their respective statutory authority, and as an exercise of their intergovernmental cooperation authority under the Constitution and laws of the State of Illinois. NOW,THEREFORE,in consideration of the mutual promises contained herein and in the further consideration of the recitals hereinabove set forth,it is hereby agreed between OSWEGO and YORKVILLE pursuant to their constitutional, statutory, and other authority as follows: 1. INCORPORATION OF PREAMBLE OSWEGO and YORKVILLE acknowledge that the statements made above in the Boundary Line Agm Oswego Yorkville 12 20.01 3 recitals are true and correct and that such recitals are incorporated into this Agreement as if fully set forth in this Section 1. 2. BOUNDARY LINE OSWEGO and YORKVILLE agree that in the unincorporated area lying between and near the two municipalities,the Boundary Line for annexation,governmental planning,subdivision control, facilities planning,zoning, official map, ordinances, and other municipal purposes shall be as is depicted on the map attached hereto as EXHIBIT A and as legally described in EXHIBIT B which are incorporated herein and made a part of the Agreement. The line depicted on Exhibit"A" and described on Exhibit"B"will be referred to as the"Boundary Line". In the event of any conflict between EXHIBIT A and/or EXHIBIT B and/or the terms of this Agreement, the order for the controlling authority shall be as follows: (1) the terms of this Agreement; and (2) the legal description of the Boundary Line attached as EXHIBIT B; and (3) the Boundary Map attached as EXHIBIT A. 3. JURISDICTION (a) With respect to property located within the area assigned to OSWEGO (as depicted on EXHIBIT A), YORKVILLE agrees that it shall not annex any unincorporated territory within such area nor shall it exercise or attempt to exercise or enforce any zoning ordinance,planning control,subdivision control,official map,or other municipal authority or ordinances, except as may be hereinafter provided in this Agreement. (b) With respect to property located within the area assigned to YORKVILLE (as depicted on EXHIBIT A), OSWEGO agrees that it shall not annex any unincorporated territory Boundary Line Agm Oswego Yorkville 12.20.01 4 within such area nor shall it exercise or attempt to exercise or enforce any zoning ordinance, planning control, subdivision control, official map, or other municipal authority or ordinances, except as may be hereinafter provided in this Agreement. 4. SELF-DETERMINATION AREAS The areas depicted as "Self Determination" areas on Exhibit A and as legally described on Exhibit C are subject to annexation by either OSWEGO or YORKVILLE upon a lawful petition to annex to one of the municipalities,the non annexing municipality shall take no action in an attempt to negate annexation to the other municipality. 5. SUBDIVISION CONTROLS In the event that either municipality's subdivision control authority cannot be exercised within its designated area because the municipality is not located within one and one-half miles of a proposed subdivision, and if the other municipality is located within one and one-half miles of that subdivision, then, in those events, the municipality located within one and one-half miles of a proposed subdivision hereby transfers its subdivision control authority to the other municipality pursuant to Section,Article VII,of the Constitution of the State of Illinois of 1970. In the event that any court of law shall find that the transfer of subdivision control power between units of local government is prohibited or not permitted by law, then, if either municipality cannot exercise its subdivision control within its designated area because it is not located within one and one-half miles of a proposed subdivision, and if the other municipality is located within one and one- half miles of the subdivision, then the latter municipality shall exercise subdivision control notwithstanding the boundaries established by this Agreement. Boundary Line Agm Oswego Yorlcville 12.20.01 5 • 6. THIRD PARTY ANNEXATIONS Upon a third party's attempt to effectuate a voluntary or involuntary annexation to have territory annexed to either municipality which annexation would have the effect of changing the boundaries established under this Agreement, each municipality may consider such annexation and not oppose such annexation,only where a mutual agreement between the municipalities in the form of a written amendment to this Agreement as provided in Section 17 is reached. Where a mutual written agreement is not reached, each municipality shall actively oppose any attempt to effectuate any voluntary or involuntary annexation and shall not annex any territory which would have the effect of changing the boundaries established under this Agreement. 7. STATUTORY OBJECTION This Agreement shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to proposed rezonings, special use permits or other land use proposals that have been presented to the corporate authorities of Kendall County, so long as the property for which the proposed rezoning, special use or other land use proposal is located in the area assigned to that objecting municipality by the terms of this Agreement. In the event that either municipality's authority to assert a statutory objection to proposed rezonings, special use permits, or other land use proposals cannot be exercised within its designated area because the municipality is not located within one and one-half miles of the subject property, and if the other municipality is located within one and one-half miles of said property,then the municipality located within one and one-half miles of said property hereby transfers its authority to the other municipality. Both municipalities shall reasonably cooperate in any subsequent actions Boundary Line Agm Oswego Yorkville 12.20.01 6 which are necessary to complete this transfer of authority. In the event this transfer of authority is determined to be invalid,then the putative transferor municipality shall cooperate with the transferee municipality to file such objection on behalf of the transferee municipality. • 8. ANNEXATION OF ROADWAYS (a) If the Boundary Line depicted on EXHIBIT A and described on EXHIBIT B is located on a roadway, the Boundary Line shall be deemed, except as otherwise provided herein, to be located on the center line of the roadway if the roadway is not located within the corporate limits of either municipality as of the date of this Agreement. For territory that has been annexed by either municipality prior to the date of this Agreement, the roadway shall be deemed to be located within the municipality to which the roadway has been annexed either by ordinance or by operation of state law (Illinois Compiled Statutes, CH. 65, Section 5/7-1-1). For unincorporated territory that is located on either side of the Boundary Line and that will be annexed to the designated municipality in the future, the roadway shall be deemed to be located within the municipality that first annexes its respective territory adjacent to the roadway. The Boundary Line set by this Agreement shall be deemed to have been amended accordingly without further action by either municipality. (b)Each municipality agrees that with respect to any roadways that are or are deemed to be located within that municipality's territory pursuant to this Agreement,that municipality shall, to the extent it has jurisdiction to do so, authorize the reasonable use of the right-of-way of such roadway, and grant non-exclusive easements for the installation by the other municipality of water, sanitary sewer and utility service facilities, storm sewer mains and appurtenant public improvements. Boundary Line Agm Oswego Yorkville 12.20.01 7 Each municipality agrees that it may assign its non-exclusive easement rights to any other unit of local government that may provide water, sanitary sewer, or storm sewer service to territory within the easement grantee's territory designated under this Agreement. (c) Each municipality requires that prior to authorizing the reasonable use of roadway right-of-way described in Section 8(b)above the entity performing the proposed work shall be bonded and insured in accordance with the authorizing municipalities' applicable requirements, ordinances and/or regulations and shall name the authorizing municipality as an additional insured on its public liability insurance policy. (d) The parties recognize the practical problems of providing required municipal services for roadways that are located on the Boundary Line. To that end, the parties agree that further cooperative agreements shall be developed to provide road maintenance,police and other municipal services, including capital improvements, to roadways that are located on the Boundary Line. (e) Acquisition of right-of-way which is adjacent and adjoining the Boundary Line roadway for roadway and utility purposes to widen the Boundary Line roadway shall not be considered an encroachment on the respective assigned territories. 9. ROAD AND STREETS (a) When developments are approved adjacent to Mill Street, Mill Street shall be improved to thirty nine (39') feet from back of curb to back of curb with an eighty (80') foot right of way. (b) When streets which cross over the Boundary Line are constructed or Boundary Line Agm Oswego Yorkville 12.20.01 8 • reconstructed, said streets shall maintain the typical section for at least one hundred (100') feet to match the street on the other side of the Boundary Line. (c) When streets are constructed or reconstructed along the Boundary Line, best efforts shall be made so that said street is thirty nine(39')feet from back of curb to back of curb with a right of way of eighty (80') feet. 10. FACILITIES PLANNING AREA MODIFICATIONS (a) YORKVILLE shall not object to or otherwise contest a request to amend OSWEGO's Facilities Planning Area to add territory to OSWEGO's Facility Planning Area(or the Fox Metro FPA for the benefit of Oswego), including territory currently within YORKVILLE's Facilities Planning Area which is on OSWEGO's side of the Boundary Line. (b) OSWEGO shall not object to or otherwise contest a request to amend the YORKVILLE Facilities Planning Area to add territory to YORKVILLE's Facility Planning Area (or any Sanitary District's FPA for the benefit of'Yorkville), including territory currently within OSWEGO's Facilities Planning Area which is on YORKVILLE's side of the Boundary Line. (c) If the Illinois Environmental Protection Agency (IEPA) eliminates FPAs for designating service areas for sewer providers at some point after the approval of this Agreement, each party agrees not to provide sewer or water service to any person or entity on the other party's side of the Boundary Line and over which the other party has jurisdiction, without the written consent of the other party. (d) It is recognized that Oswego currently has an application on file to create an FPA. A portion of the territory described in such FPA application is on the Yorkville side of the Boundary Line Agm Oswego Yorkville 12.20.01 9 • Boundary Line. If such FPA is approved, Oswego shall not object to the transfer of such portion of the territory to the Yorkville and/or any FPA upon a written request by either Yorkville or any Sanitary District. Oswego may, in its discretion, eliminate that territory from its FPA. 11. WAIVER OF ANNEXATION CHALLENGES Each municipality waives any right to challenge or otherwise contest the validity of any annexation the other municipality has effected, is effecting, or will effect in the future for territory located within the other municipality's designated areas as depicted in EXHIBIT A. The parties further agree not to make any requests, formal or informal, to any third party for that third party to challenge the validity of the other municipality's past, current or future annexations within the other municipality's designated area. 12. LAND PLANNING The parties agree to direct their respective professional planning staffs to meet and confer about land use and development so as to promote and control economic and land development that favors both parties. Nothing in this paragraph shall require both parties to agree to any specific type of land use or development within that are as depicted on EXHIBIT A, but the parties are to use their best efforts to keep each other informed of land use and development plans in that area. 13. CONTRIBUTIONS TO OTHER DISTRICTS Both Oswego and Yorkville shall be fair and equitable in assessing fees for the benefit of other taxing districts being mindful of the spirit of intergovernmental cooperation. Fees paid for the applicable taxing districts affected by this Agreement shall be as set by Resolution adopted by the municipal Board or Council for the subject real property in which the parcel of real Boundary Line Agm Oswego Yorkville 12.20.01 10 • property being developed is located. 14. WELLS AND WATER A. Oswego and Yorkville agree to discuss further issues with regard to the public water supply including the sharing of resources and interconnections of the municipal systems. B. Both Oswego and Yorkville agree that they shall employ sound engineering principles when establishing new wells or redrilling existing wells. 15. OPEN SPACE The Village of Oswego and the United City of Yorkville recognize the need to preserve open space for the enjoyment of their citizens and agree to cooperate with each other and other agencies including the Kendall County Forest Preserve, any Park District, State or Federal agency to set aside open space in areas along the boundary where feasible. This,however, does not obligate either municipality to change their comprehensive/development plans or any current or future annexation/development agreements. 16. EFFECT OF AGREEMENT ON OTHER MUNICIPALITIES This Agreement shall be binding upon and shall apply only to the legal relationship between OSWEGO and YORKVILLE. Nothing herein shall be used or construed to affect,support, bind,or invalidate the boundary claims of either OSWEGO and YORKVILLE insofar as such shall affect any municipality which is not a party to this Agreement. Boundary Line Agm Oswego Yorkville 12.20.01 11 17. AMENDMENT OF AGREEMENT Neither OSWEGO nor YORKVILLE shall either directly or indirectly seek any amendments or modification to this Agreement or to have this Agreement declared null, void or invalid, and this Agreement shall remain in full force and effect until amended or modified by the mutual written agreement of the corporate authorities of both municipalities. 18. DURATION OF AGREEMENT This Agreement shall be in full force and effect until September 1,2021 at 11:59 p.m. The term of this Agreement may be extended,renewed or revised by the mutual written agreement of the corporate authorities of both municipalities. 19. REPRESENTATIONS BY THE PARTIES The parties represent, warrant, and agree to and with each other that each is a duly organized and existing municipal corporation under Illinois Law,has taken all necessary corporate and legal action to authorize the execution, delivery, and performance on their part of this Agreement, and the performance hereto by each will not be in contravention of any resolutions, ordinances, laws,contracts,or agreements to which it is a party or to which it is subject. The parties shall deliver to each other certified copies of all resolutions or ordinances authorizing the execution and performance of this Agreement. 20. FAILURE TO ENFORCE The failure of any party hereto to enforce any of the provisions of this Agreement,or the waiver thereof in any instance, shall not be construed as a general waiver thereof in any instance, Boundary Line Agm Oswego Yorkville 12.20.01 12 shall not be construed as a general waiver or relinquishment on its part of any such provision,but the same shall, nevertheless, be and remain in full force and effect. 21. CAUSES BEYOND CONTROL No party to this Agreement shall be liable to another for failure, default or delay in performing any of its obligations hereunder, in case such failure, default or delay in performing any of its obligations specified herein is caused by strikes;by forces ofnature;unavoidable accident; fire; acts of public enemy; or order of court. Should any of the foregoing occur, the parties hereto agree to proceed with diligence to do what is reasonable and necessary so that each party may perforin its obligations under this Agreement. 22. ENFORCEMENT Any dispute between the parties to this Agreement or any dispute regarding the interpretation of the terms of this Agreement shall be resolved by an arbitrator selected by the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties. (1) Within five (5) business days after the appointment of an arbitrator, the parties shall submit a written memorandum stating their position. Within three (3) business days after receipt of the written memorandum, the parties shall submit a written response. The arbitrator shall then within ten (10) business days thereafter issue its decision. Boundary Line Agm Oswego Yorkville 12.20.01 13 (2) The party requesting the arbitration shall be solely responsible for the cost of filing the arbitration,with each party paying its own attorney's fees. Upon ruling of the arbitrator, the non-prevailing party shall be responsible for any cost associated with filing the arbitration. The Circuit Court of the County where the property at issue is situated shall enforce any decision made pursuant to this arbitration provision. 23. NOTICES Any notice required by this Agreement shall be in writing and shall be served by personal delivery on the municipal clerk or chief administrative officer of the receiving party. In lieu of personal service, required notices may be served by certified mail, return receipt requested, addressed to the municipal clerk and chief administrative officer of the receiving party. Notices shall be deemed served on the day of personal delivery or on the fourth day following mailing. 24. RESERVATION OF RIGHTS Nothing in this Agreement is intended to confer a benefit or right of enforcement upon any third party. Further, both municipalities specifically reserve all rights, privileges and immunities conferred upon them by law. 25. AGENCY Neither party is an agent of the other party and neither shall incur any costs or expenses on behalf of the other. 26. COMPLETE AGREEMENT This Agreement sets forth the complete understanding between OSWEGO and YORKVILLE relating to the terms hereof and any amendment hereto to be effective must be in Boundary Line Agm Oswego Yorkville 12.20.01 14 writing and duly authorized and signed by both parties. 27. SEVERABILITY If any provision of this Agreement shall be declared invalid for any reason, such invalidation shall not affect other provisions of this Agreement which can be given effect without the invalid provisions and to this end the provisions of this Agreement are to be severable. 28. REPEALER All agreements or parts thereof in conflict with the terms of this Agreement are hereby repealed and of no further force and effect to the extent of such conflict. 29. PUBLICATION AND RECORDING This Agreement shall be construed in accordance with the laws of the State of Illinois and shall be certified as to adoption by the municipal clerk of each municipality,made available in the office of each municipal clerk, published by the representative municipalities and recorded or filed with the Kendall County Recorder and others as their interest may appear. 30. EFFECTIVE DATE This Agreement shall be in full force and effect after its passage, approval and publication as required by law. Boundary Line Agm Oswego Yorkville 12.20.01 15 IN WITNESS THEREOF,the parties hereto have caused this Agreement to be executed in their respective corporate names by their respective officers hereunto duly authorized and their respective corporate seals to be hereunto affixed and attested by their respective officers having custody thereof the day and year first above written. VILLAGE OF OSWEGO Kendall County, Illinois, an Illinois Municipal Corporation ATTEST: (Seal) By: 0• e 'res'o ent Viii. e Clerk UNITED CITY OF YORKVILLE Kendall, Illinois, an Illinois Municipal Corporation ATTEST: (Seal) / Mayor C • erk Boundary Line Agm Oswego Yorkville 12.20.01 16 01/'03/2b02 09:50 6305537646 SMITH ENGINEER 1-14Ut QZfUJ ri Smith Engineering Consultants, Inc. Civil/Structural Engineers and Sr rt.eyors EXHIBIT "B" 1 of 2 McHenry Yorkville Huntley YORKVILLE: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF GROVE ROAD AND THE CENTLTt LINE OF VAN DYKE ROAD,SAID INTERSECTION BEING ON THE WEST LINE OF SECTION 5. TOWNSHIP 35 NORTH, RANGE 8 EAST OF TEE THIRD PRINCIPAL MERIDIAN; THENCE NORTHERLY ALONG THE CENTER LINE OF SAID.GROVE ROAD,TO THE SOUTHEAST CORNER OF SECTION 7, TOWNSHIP 36 NORTH, R.ANGE R EAST OF 2tLh THIRD PRINCIPAL MERIDIAN; TI NCB NORTHERLY ALONG THE EAST UNE OF SAID SECTION 7,TO THE SOUTH LINE OF THE FORMER WAISH-KEE- SEIAW RESERVATION; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID FORMER WAISH.KEE- SHAW RESERVA'T'ION,AND SOUTH LINE EXTENDED WESTERLY,TO THE WEST LINE OF SECTION 6, TOWNSHIP 36 NORTH,RANGE 8 EAST OF THE THIRD PR.LNCIPAL MERIDIAN; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 6,TO THE CENTER LINE OF RESERVATION ROAD; 1 t h.NCE WESTERLY ALONG SAID CENTER LINE,TO THE CENTER LINE OF MINICLER ROAD; THENCE SOUTHERLY ALONG THE CENTER LINE OF SAID MINIaER ROAD TO RT,HESOUTI ERLY::LINE:QF F=ARM COLONY<CXTENDED EASTERLY; THENCE WESTERLY ALONG THE SOUTHERLY LIE OF SAID FARM COLONY TO THE CENTER LINE.CF ILLINOIS ROUTE 71; THENCE NORTHERLY AND EASTERLY ALONG THE CENTER LINE OF SAID ILLINOIS ROUTE 71 TO THE SOUTH LINE OF SECTION 24, TOWNSHIP 3?NORTH, RANGE 7 EAST OF THE TFIIRD.PRINCIPAL MERIDIAN; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 24 AND THE SOUTH LINE OF SECTION 23,TOWNSHIP AND RANGE AFORESAID, TO THE CENTER LINE OF THE FOX RIVER; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF SAID FOX RIVER TO TEE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF LYNKOLLOD.SUBDIVISI_ON; THENCE NORTHERLY ALONG TIDE WESTERLY LINE OF SAID LYNWOOD SUBDIVISION,AND THE WESTERLY LINE OF LYNWOOD SUBDIVISION EXTENSIONS 4, 5 AND 6 TO THE NORTITWEST CORNER.OF SAID LYNWOOD SUBDIVISION EXTENSION 4; THENCE EASTERLY ALONG EHE NORTHERLY LINE OF SAID LYNWOOD SUBDIVISION EXTENSION 4 TO THE NORTHEAST CORNER OF SAID LYNWOOD SUBDIVISICIN EXTENSION 4; THENCE EAwSTERLY ALONG THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF SAID LYNWOOD SUBDIVISION EXTENSION 4,TO THE EASTERLY LINE OF SECTION 14,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; TI CE NORTHERLY ALONG THE EAST LINE OF SAID SECTION 14, AND THE EAST LING OP SECTIONS 11 AND 2,TOWNSHIP AND RANGE AFORESAID,TO THE CENTER LINE OF GALENA ROAD FOR THE POINT OF TERMINATION. iaei - 2001 20 YEARS OF 202S.Bridge Street,ItarkviIle, IL 60560 www-smirhesgickecxing.com E x c e•L:,e w c e Telephone 630.555.7560 Fsoc 630.553.7646 R(� EXHIBIT "A" Cs„,Q3, \� ,.- yy R7E -� R 8 E 12,000 W 10,000 W 8.000 W 6.000 W 4.000 W I I i i � tI To Sugar Grove � `To M COL C Baseline Rd. E3 1 . Baseline Rd.'�1 ,,/o / ntgo _--' • ; .. Caterpillar o c. Cr Q 1 Rd. ���I yiro Y•`r 1 0 0 6 5 4 3 2 I / 6 �JA="''11111� F � 11 3� h o ` , � / /��� rte■\�1liir Jj F r s rc' o 0 ® Q bang e . 1 �1pN o 1 hi hi I VOW 11F N U_ m m 5 ca� 12. LAMR ight Rd �� ,�� �® ,6 '. ;'Y .®•.: 12 --- w 8 9 f` 10Rd ?\,e Mill 11 �� aro �.. 8 11, „ ��4% 10 Henning Rd. 7 W a7 _di---'-. late^t,1� _. �pl 4°°. D 1 DoRgd,as / ei ;II Corneils —Jim.- �� Rd. l 1.111111-1-1-4"---!1-411 inlill��� / tao� _A",rr - ' i� '��' . r � ®®�t �� ��m Wolf 1► �� ' Il 18 17 , a � ��_ C Z N�j t PI co-c ' J k la '' / p,� lc, 13 i 18 �� >,T/�'. i 14` `-' 13 �l 16 15 6 Iii m m Bristol ®.••� o,r• '; Oswego '��� (Ridge Rd ��� IA/ .�o �' �' Faxon t -Pr".- .. �. �d /� �' �' Faro , a /.; PPIL'�o n ... mi ,,'1 ►eat A -ice _ 2420 nom � tt\ ,r,fr- Sundownd / 24 19[le20.' ..s 'Woolley 19 ■ o ✓:.,,, s 1.. 21 22./ ,...c° c D Ic . 1 ' t 0- a cc- 6 1 ir ,V,I.,i-- CD --> 'r'' www�� 4 P7na f• ii ., row f Rd. 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Walker '• ` Walker i : 17 �__ -o I . 1. �� CC I 25 G 30 ✓. 29 28 27 29 28 27 T I1 i •e- Caton Farm _:1 Caton Farm ___ 23 c --F _ 31 a 1:1) Sable d— 36 " �31 ` 32 33 34 hr 32 �a 34 m E E -Jcn ' E A�, Helmar Rd . O,Nelmar Wiz.. . ill( G. Belmar 1 cl , 't`, Rd. \ •` 3 `-- 5 4 --- 0 4 3 I .. 6 t Van Dyke f. i 1 0 6 5 L y Plattville _ ' W t -_ ` ' \�� f \ °a90 Plattville � Lisbon' Center Grp ct Creek Rd. Lisbon Center Rd. � 10 11 • 7 g 9 pi 11 7 1 8i�9 � Rd.-- 12 12 f \ ry�243 S�' -- : co Baker Y F.P. 2 15," ,nl - 18 _ Rd. 17 � I16 / 1. 7 15 t • i ll - J7-2002 10:02 FROM:UILLAGEOF u i u o.,Der '01/ 13/2002 09: 50 6305537646 SMITH ENGINEER PAGE 03/03 Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors McHenry Yorkville Huntley EXHIBIT "B" 2 of 2 OSWEGO: BEGINNING AT THE POINT OF INTERSECTION OF.THE CENTER LINE OF GROVE ROAD AND THE CENTER LINE OF VAN DYKE ROAD,SAID INTERSECTION BEING ON THE WEST LINE OF SECTION 5, TOWNSHIP 35 NORTH, F.ANGB S FAST OF TEE THIRD PRINCIPAL MERIDIAN; THENCE NORTHERLY ALONG THE CENTER LINE OF SAID GROVE ROAD,TO UTE SOUTHEAST CORNER OF SECTION 7, TOWNSHIP 36 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL 7\4ERIDIAN; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION 7,TO TIE SOUTH LINE OF THE FORMER WAISH-K.EE- SHAW RESERVATION; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID FORMER VYAISH-KEE- SHAW RESERVATION,AND SOUTH LIN I EXTENDED WESTERLY,TO THE WEST LINE OF SEL ION 6, TOWNSHIP 36 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 6,TO THE CENTER LINE OF RESERVATION ROAD; THENCE WESTERLY ALONG SAID CENTER LINE TO THE CENTER LLNE OF MNKLER ROAD; THENCE NORTHERLY ALONG TEE CENTER LINE OF SAD)MINKLER ROAD TO THE NORTHERLY LINE Or FARM COLONY EXTENDED EASTERLY; THENCE WES I.,E1.:LY ALONG THE NORTHERLY LINE OF SAID FARM COLONY AND SAID EXTENSION TO TEE EASTERLY LINE OF OAK CREEK SUBDIVISION; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID OAK CREEK SUBDIVISION TO TEE NORTHEAST CORNER OF SAID OAK CREEK SUBDIVISION; THENCE WESTERLY ALONG THE NORTH . LINE OF SAID OAK CREEK SUBDIVISION TO THE CENTER LINE OP IT T INOIS ROUTE 71; THENCE' NORTHERLY ALONG THE CENTER.LINE OF SAID ILLINOIS ROUTE 71 TO THE SOUTH LINE OF SECTION 24,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE TIDRD PRINCIPAL MFRID[AN; THENCE WESTERLY ALONG TEE SOUTH LINE OF SAID SEC'T'ION 2A AND THE SOUTH LINE OF SECTION 23, TOWNSHIP AND RANGE AFORESAID,TO THE CENTER LINE OF THE FOX RIVER; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF SAID FOX RI'vl3R TO THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF RIVERWOOD FARMS UNIT NO. I; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAND FJVERwOOD FARMS UNIT NO. 1,AND SAID SOUTHERLY EXTENSION TO THE CENTER LINE OF U.S.ROUTE 34; THENCE WESTERLY ALONG LEE CENTER LINE OF SAID U.S. ROUTE 34, TO THE SOUTHERLY EXTENSION OP THE EASTERLY LINE OF LYNWOOD SUBDIVISION EXTENSION 3; THENCE NORTHERLY ALONG SAID EASTERLY LINE,AND SAID SOUTHERLY EXTENSION, AND THE EASTERLY LINE OF LYNWOOD SUBDIVISION EXTENSION 4,TO THE NORTHEAST CORNER OF SAID LYNWOOD SUBDIVISION EXTENSION 4; THENCE EASTERLY ALONG THE EASTERLY EXTENSION OP THE NORTHERLY LINE OF SAID LYNWOOD SUBDIVISION EXTENSION 4,TO THE EASTERLY LINE OF SECTION 14,TOWNSHIP 37 NORTH,RANGE 7 EAST OF TIDE THIIU PRINCIPAL MERIDIAN; THENCE NORTHERLY ALONG THE EAST LINE OP SAID SECTION 14, AND THE EAST LINE OF SECTIONS 11 AND 2, TOWNSHIP AND RANGE AFORESAID,TO THE CENTER IIIE OF GALENA ROAD FOR THE POINT OF TRMINATION. 74181 - 2001 , 20 Y EA. F s OF 202 S. Bridge Street, Yorkville, IL 60560 wvvvr..s 1thenpineering.wm EXCELLENCE TEl,cphone 630.353.7560 Fax 630.5 53.76x16 Jul . 19. 2004 3: 32PM No . 5576 P. 2/13 Draft Revised Landscape Ordinance Prepared by: Schoppe Design Associates,Inc. Date: May 5,2004 Revised: July 19, 2004 ORDINANCE NO. ORDINANCE AMENDING UNITED CITY OF YORKVILLE LANDSCAPE ORDINANCE SECTION 1: APPLICABILITY: 1. Existing buildings: All lots which have buildings constructed upon prior to the date of this ordinance are exempt from the standards in this ordinance, except for any property which is being rezoned or which a special use is being requested. If a property is being rezoned or is being approved as a special use request, the following landscape standards shall apply: a. Parkway Landscaping b. Perimeter Landscaping c. Parking Lot Landscaping—for the purpose of this category, parking lot landscaping requirements shall apply only to the construction of the new portion of a parking lot and shall not apply to existing parking lots. d. Storm Water Storage Basin Landscaping—for the purpose of this category, storm water storage basin landscaping requirements shall apply only to the construction of the new portion of a storm water storage basin and shall not apply to existing storm water storage basins. 2. For single family detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activity are as follows: 1. Parkway Landscaping 2. Landscaping Adjacent to Primary and Secondary Arterials and Collector 3. Tree Preservation 1 Jul . 19 . 2004 3 : 32PM No . 5576 P . 3/13 3. For all other development, other than single family detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activity within this category are as follows: l. Parkway Landscaping 2, Perimeter Landscaping 3. Parking Lot Landscaping 4, Lot Landscaping 5. Storm Water Storage Basin Landscaping 6. Tree Preservation SECTION 2: LANDSCAPE AND TREE PRESERVATION REQUIREMENTS: The following requirements in this section are cumulative: 1. Parkway Landscaping: a. For all single family detached and duplex residential development,the minimum required number of parkway trees are as follows: Interior lots -one tree per lot. Corner lots -two trees per lot (one tree per side). All other lots - (such as parks and retention/detention areas) one tree per 50 lineal feet of frontage. b. For all development other than single family detached and duplex residential development, the minimum required number of parkway trees is one tree per 50 lineal feet of frontage. c. All parkways shall have minimum of 6 inches of good, clean,clump-free topsoil neatly leveled to uniform grade from the top of curb to the top of sidewalk after settling. Trees shall be planted within the public parkway between the curb and sidewalk and trail as applicable. d. All parkways shall have a good, thick stand of grass utilizing sod or seed per the lDOT specifications including fertilizing. The developer as covered by the required maintenance letter of credit will repair any settling of grass loss during the one-year maintenance period. The minimum gradient of all parkways toward the curb shall be 2% and the maximum shall be 8%. All areas shall be seeded or sodded and fertilized in an 2 Jul . 19. 2004 332P No• 5576 P. 4/13 approved manner. Grass watering and mowing to a maximum height of 5 inches will be the responsibility of the developer through the one year required maintenance period after City acceptance. Parkways will be a minimum of 10 feet in width from the back of the curb to the front edge of the sidewalk. e. No tree shall be planted closer than 30'of the right-of-way intersection. f. Trees shall have a minimum spacing of 20 feet from light poles, street signs, fire hydrants and any other such items that may, in the opinion of the Public Works Director,require similar intervals. g. Trees under wires are not to exceed 20 feet in height at maturity. h. Parkway trees shall be planted prior to the issuance of a certificate of occupancy. It shall be the responsibility of the developer or builder to properly water all newly planted parkway trees at the time of planting, and subsequently thereafter, to insure their survival for a period of one year after City Council acceptance of the public improvements. i. Only approved shade trees may be used as parkway trees. 2. Perimeter Landscaping: a. Non-residential adjacent to residential: Where a non-residential property is adjacent to residential property a 30' wide bufferyard shall be provided. The bufferyard shall consist of a berm or architectural masonry wall,at least 3' in height as measured from the property line. The bufferyard shall also consist of 2 shade trees, 5 evergreen trees and three ornamental trees per 100 lineal feet of bufferyard. b. Multi-family residential adjacent to single family detached and duplex residential: Where multi-family residential property is adjacent to single family detached or duplex residential a 30' landscape bufferyard shall be provided. The bufferyard shall consist of three shade trees, three evergreen and two ornamental trees per 100 lineal feet of bufferyard. 3. Parking Lot Landscaping: All parking lots with ten (10) or more parking spaces, shall provide landscaping in accordance with the following: a. Interior Parking Lot Landscaping: 3 Jul . 19 . 2004 3 : 32PM No . 5576 P. 5/13 1. Interior Landscaping: One tree shall be provided for every 20 parking space and shall be planted within the interior of the parking lot. Trees shall be located in landscape medians, which have a minimum area of 190 square feet and a minimum dimension of 10 feet. The landscape median shall be covered with shrubs, ground cover, turf or organic mulch. 2. Visibility: To ensure proper visibility within the parking lot, the branches of trees shall st4rt no less than six feet(6') above the pavement and shrubs shall be maintained at a height of no greater than 30" above the pavement. b. Perimeter Parking Lot Landscaping: 1. When a parking lot, which is located on a non-residential property, is adjacent to another non-residential property, a 5' perimeter bufferyard shall be planted with two shade trees and fifteen shrubs per 100 lineal feet of bufferyard. 2. When a parking lot is adjacent to a public right-of-way, a landscape bufferyard shall be provided and shall be the width of the required parking lot setback or 30',whichever is less. The bufferyard shall consist of one shade tree, one evergreen tree and thirty-three shrubs per 100 lineal feet of bufferyard. 4. Lot Landscaping: Lot landscaping shall be required for all developments other than single family detached residential and duplex developments in accordance with the following: a. Multi-family: Two canopy trees and 15 shrubs shall be provided for every four units. b. Non-residential: Two shade trees and 15 shrubs shall be provided for every 20,000 sf of lot area. 5. Landscaping Adjacent to Primary and Secondary Arterials and Collector: Residential lots which back up to an Arterial or Collector as defined in the Yorkville Comprehensive Plan, shall provide a minimum 30' wide landscape easement running the full length of the residential lots. This easement shall he planted with 3 shade trees, 4 evergreens and 20 shrubs per 100 feet. 4 Jul • 19. 2004 3: 32PM No. 5576 P. 6/13 6. Storm Water Storage Basin Landscaping: A 30 foot wide bufferyard shall be provided around any storm water storage basin that has its high water line within the front or side yards of a lot. The 30' bufferyard shall be measured from the property line to the average elevation between normal water line and the high water line for retention basins and from the property line to the average elevation between the lowest basin elevation and the high water line for detention basins. The bufferyard shall be planted with 1 tree per 30 feet of bufferyard length. The bufferyard may be reduced to 10' wide. If so, the 10 foot bufferyard shall be planted with 2 trees per 30 feet of bufferyard length. 7. Tree Preservation: The following standards shall apply to all lots which axe 5 acres or greater in area. No live tree(s)with a trunk diameter of four inches(4") or greater in diameter, as measured 5' from the ground, may be removed without first obtaining a tree removal permit from the City. a. Tree Removal Permit: The application for a tree removal permit shall be made to the Building Department. The application shall include: 1. A Tree Preservation and Removal Plan. The plan shall include: a, A tree survey showing the location of all trees 4" or greater in diameter with 100' of any tree proposed to be removed, including a description of the trees,botanical name, common name, caliper size and general condition or health of the tree(s) b. Delineation of trees to be removed and trees to be preserved c. Details and specifications or procedures to be used to protect trees being preserved d. Location, size and name of replacement trees 2. Tree Preservation and Removal Standards: a. Every reasonable effort shall be made to retain existing trees shown on the tree survey through the integration of those trees into the site plan and landscape plan for a proposed development 5 Jul • 19 . 2004 3 : 33PM No • 5576 P. 7/13 b. Grading and construction equipment shall be prohibited from encroaching within the drip line of a tree c. Crushed limestone hydrocarbons and other material detrimental to trees shall not be stored or dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivable affect the health of the tree d. Snow fencing or other approved construction barrier shall be temporarily installed at the periphery of the tree's drip line e. In the event that underground utility lines are proposed within five feet(5')of the trunk of a tree, then auguring of the utility line should be considered and may be required by the City 3. Tree Replacement Standards: a. Any tree approved for removal shall be replaced with new trees in accordance with the following schedule: CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT TO EE REMOVED TREES 30 or greater 6 13-29 5 8-12 4 4-7 2 b. In the event that a tree identified to be preserved is removed or damaged, such tree shall be replaced as follows: t CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT TO BE REMOVED TREES 30 or greater 12 13-29 10 8-12 8 4-7 4 c. All replacement trees shall have a minimum caliper of 2 '/2" and shall consist of the shade tree varieties listed under Permitted Plantings d. If the trees) approved for removal is (are) dead, then no replacement tree(s) are required. 6 . Jul • 19. 2004 3 : 33PM No . 5576 P. 3/13 4. Approval Criteria: The City shall approve a tree removal permit application if one or more of the following conditions exist: a. The tree to be removed poses a safety hazard to persons or property b. The tree is substantially diseased or weakened by age, storm, fire or other injury c. The tree removal is in accordance with good forestry practice such as when a parcel of land will only support a certain number of healthy trees which is less than the number of existing trees on the parcel d. The tree removal is part of an approved overall landscape plan 5. Failure to Replace Trees: If replacement trees, which are required by the approved tree removal permit, are not planted within the time frame set out by the tree removal permit,the City may, at its option,replace the trees. All costs associated with purchasing and planting the replacement trees shall be charged to the owner or other person or entity causing the removal of the trees. SECTION 3: GENERAL STANDARDS 1. Landscape Plan: Prior to receiving site plan approval, a landscape plan shall be submitted to the City for review and approval. It is recommended that that prior to submitting a site plan or landscape plan, a pre-submittal conference be conducted to review the site plan implications and the standards of this Chapter. The landscape plan shall contain the following information: • 4 a. The location and dimensions of all existing and proposed structures, parking lots, sidewalks, ground signs,refuse disposal areas, free standing electrical equipment, and other freestanding structural features. b. Name, location, right-of-way and pavement widths of abutting streets. c. The current zoning and land use for adjoining properties and properties located across abutting streets. • 7 Jul . 19. 2004 3 : 33PM No . 5576 P . 9/13 d. The location, quantity, size, and type (both botanical and common names) of all existing landscaping to be preserved and removed, and all proposed landscaping to be added. e. The location and contours,at one-foot(1')intervals, of all proposed berming and storm water detention/retention ponds. f. Specification of the type and boundaries of all proposed ground cover. g. Elevation and location of all existing and proposed fences. h. Location of all existing and proposed utilities and easements. i. Property line dimensions. 2. Quality: All trees shall be planted according to the minimum standards established by the American Association of Nurserymen. Plant material shall be grown in nurseries from the Central or Northern Illinois region. 3. Size: The size of plant material required by this ordinance shall be as follows: Shade Tree - 2 1/2 cal, measured 6" above grade Evergreen Tree - 8' height Ornamental Tree - 6' height Shrubs - 24" 4. Substitutions: For the purposes of providing flexibility in the landscape design substitutions may be allowed at the following rates: 1 Tree equals 1 Evergreen Tree 1 Tree equals 2 Ornamental Trees 1 Tree equals 10 Shrubs 5. A mixture of trees is required so that a maximum of 33% of the total amount of required trees should not be of the same species. 6, Alternative Methods of Compliance: Site conditions may arise where normal compliance is impractical or impossible or where maximum achievement of the City's objectives can only he obtained through alternative methods. a. Requests for alternative methods of compliance may be considered by the City for any application to which the requirements of the Ordinance apply when one(1) or more of the following conditions axe present: 8 Jul • 19. 2004 3 : 33PM No • 5576 P . 10/13 1. Topography, soil,vegetation or other site conditions axe such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redEvelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification,written and graphic,to allow appropriate evaluation and decisions by the City Planner. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality;,effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other eases. 7. Credit for Existing Vegetation: Credit shall be given for existing trees that are preserved. Each tree that is preserved which is greater than 3" caliper and is listed under Permitted Plantings, shall be credited towards the required tree planting as follows. Other existing vegetation may be credited towards the required plantings subject to the review and approval of the City Planner. CALIPER(INCHES)OF TREE TREES CREDITED TOWARDS TO BE PRESERVED REQUIRED PLANTINGS 30 or greater 6 1 3-29 5 8.12 4 4-7 2 8. Permitted Plantings: The plantings used to meet the requirements of this ordinance shall be selected from the follow list of approved plant material. 9 Jul . 19 . 2004 3 : 33PM No. 5576 P . 11/13 Shade Trees Ash, Green Fraxinus pennsylvanica spp. Ash, White Fraxmnus americana spp. Coffeetree,Kentucky Gymnocladus dhioica Ginkgo Ginko biloba Hackberry Celtis occidentialis Linden American Tilia americana spp. Linden, Littecleaf Tilia cordata spp. Linden, Silver Tilia tomentosa Maple,Black Acer nigrum Maple,Norway Acer platanoides spp. Maple, Red Acer rubruxn spp. Maple, Sugar Acer saccharum spp. Oak, Burr Quercus macrocarpa Oak,Red Quercus rubra Oak, Swamp White Quercus bicolor Oak, White Quercus alba Pear, Bradford "Cleveland select" Pyrus calleryana—Cleveland select Sycamore Platanus occidentahis Tuliptree Liriodendron tuhipifera Honey Locust Gleditsia tricanthos Evergreen Trees Fir, Douglas Pseudotsuga menziesii Fir, White Abies coneolor Pine, Austrian Pinus nigra Pine, Scotch Pinus sylvestris Pine, White Pinus strobus Spruce, Blackhills Picea glauca "densata" Spruce, Colorado Picea pungens Spruce,Norway Picea abies Spruce, White Picea glauca Ornamental Trees Alder Alnus glutinosa Birch, River Mains spp. Hawthorne, Downy Craetoegus mollis Hawthorne, Washington Craetoegus phaenopynu, Hawthorne, Thorn less Cockspur Crataegus crusgalli "inermis" Hornbean, American Carpinus caroliniana 10 Ju1 . 19. 2004 3 : 33PM No. 5516 P. 12/13 Lilac, Japanese Tree Syringa reticulata Magnolia, Saucer Magnolia souulangiana Magnolia, Star Magnolia stellata Redbud Cercis canadensis Serviceberry, apple Amelanchier grandiflora Serviceberry, Shadblow Amelanchier canadensis Shrubs Those species and varieties hardy to USDA Zone 5. Other plant material not listed may be allowed on a case by case basis as determined by the City Planner. 9. Completion of Landscape Improvements: All required landscape improvements shall be installed prior to the issuance of a certificate of occupancy. If landscape improvements are unable to be completed due to weather conditions which, in the determination of the City, are unfavorable for plant survival and growth, a temporary certificate of occupancy, valid for no more than six months, may be issued. 10. Replacements: The developer shall be responsible for replacing all required landscape improvements that die during a period of two years from the date of installation. The City shall use the bond to replace any plant material if the developer fails to do so within 30 days of notification by the City. After the two year period,the property owner shall be responsible for maintaining and replacing any required plant material that dies. 11. Appeals: Any applicant may appeal any decision of the City Planner to the Zoning Board of Appeals for recommendation to the City Council. a, Any appeal to the standards of this chapter may be considered by the City Council when one or more of the following conditions are present: 1. Topography, soil, vegetation or other site conditions are such that full compliance is impossible or impractical,or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 11 Jul . 19. 2004 3 : 33PM No. 5576 P. 13/13 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification, written and graphic,to allow appropriate evaluation and decisjons by the City Council. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other eases. 12. Severability: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Resolution shall not be affected thereby. 13. Repealer: Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. • 12 ,Aug . 25 . 2004 8 . 40AM No . 5925 P . 2/2 STATE OF ILLINOIS ) A- e% 11.A-t ,c, - 54 <k.tt Revised 10/13/99 ) ss Revised June 27, 2000 COUNTY OF KENDALL ) ,Sft t , Revised May 5, 2004 �tit�1 �S Revised July 19, 2004 SCA-L) Ctcfr_ ORDINANCE NO. 2000- , ORDINANCE AMENDING UNITED CITY OF YORKVILLE LANDSCAPE ORDINANCE NO. 99-18 SECTION 1: APPLICABILITY: - - - -. . . . .' . . .' _ 1. - - - • - _ • _. .. _ . . . - - . .• '- - - _ . . - . Existing buildings: All lots which have buildings constructed upon prior to the date of this ordinance are exempt from the standards in this ordinance, except for any property which is being rezoned or which a special use is being requested. If a property is being rezoned or is being approved as a special use request, the following landscape standards shall apply: 1-. Parkway Landscaping ,,••�•p/��/•��.. £ - •• •• _ , - ..- .• - _ . _.. .. .. GolleVtof 3. Tree Preservation 1 Aug . 23. 2004 4:47PM No . 5906 P. 3/16 a. Parkway Landscaping b. Perimeter Landscaping Parking Lot Landscaping—for the purpose of this category,parking lot landscaping requirements shall apply only to the construction of the new portion of a parking lot and shall not apply to existing parking lots. d. Storm Water Storage Basin Landscaping—for the purpose of this category,storm water storage basin landscaping requirements shall apply only to the construction of the new portion of a storm water storage basin and shall not apply to existing storm water storage basins. 2. .. . . -: 3 - - . .• .. . .. . . . . For single family detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activity are as follows: 1. Parkway Landscaping 2, Landscaping Adjacent to Primary and SecondaryArterials and Collector 2,7 Perimeter T andscaping CO. Tree Preservation 7 Parkway i and&eap ng 5. Tree Pre.,ervation 3. For all other development, other than single family detached and duplex residential development: 2 Aug . 23. 2004 4:47PM No . 5906 P. 4/16 New Construction: The applicable landscape requirements for this development activity within this category are as follows: 1. Parkway Landscaping 2. Perimeter Landscaping 3. Parking Lot Landscaping 4. Lot Landscaping S. Storm Water Storage Basin Landscaping 6. Tree Preservation SECTION 2: LANDSCAPE AND TREE PRESERVATION REQUIREMENTS: The following requirements in this section are cumulative: 1. Parkway Landscaping: a. For all single family detached and duplex residential development,the minimum required number of parkway trees are as follows: Interior lots - one tree per lot. Corner lots -two trees per lot(one tree per side). All other lots- (such as parks and retention/detention areas) one tree per 50 lineal feet of frontage. b. For all development other than single family detached and duplex residential development, the minimum required number of parkway trees is one tree per 50 lineal feet of frontage. c. All parkways shall have minimum of 6 inches of good, clean, clump-free topsoil neatly leveled to uniform grade from the top of curb to the top of sidewalk after settling. Trees shall be planted within the public parkway between the curb and sidewalk nnd a l-as-applicable. d. All parkways shall have a good,thick stand of grass utilizing sod or seed per the IDOT specifications including fertilizing. The developer as covered by the required maintenance letter of credit will repair any settling of grass loss during the one-year maintenance period. The minimum gradient of all parkways toward the curb shall be 2% and the maximum shall be 8%. All areas shall be seeded or sodded and fertilized in an approved manner. Grass watering and mowing to a maximum height of 5 inches will be the responsibility of the developer through the one year required maintenance period after City acceptance. Parkways will be a minimum of 10 feet in width from the back of the curb to the front edge of 3 Aug • 23 • 2004 4:48PM No• 5906 P. 5/16 the sidewalk. e. No tree shall be planted closer than 30'of the right-of-way intersection. £ Trees shall have a minimum spacing of 20 feet from light poles, street signs, fire hydrants and any other such items that may, in the opinion of the Public Works Director,require similar intervals. g. Trees under wires are not to exceed 20 feet in height at maturity. h. Parkway trees shall be planted prior to the issuance of a certificate of occupancy. It shall be the responsibility of the developer or builder to properly water all newly planted parkway trees at the time of planting, and subsequently thereafter, to insure their survival for a period of one year after City Council acceptance of the public improvements. i. Only approved shade trees may be used as parkway trees. 2. Perimeter Landscaping: a. Non-residential adjacent to residential: Where a non-residential property is adjacent to residential property a 30' wide bufferyard shall be provided. The bufferyard shall consist of a berm or architectural masonry wall, at least 3' in height as measured from the property line. The bufferyard shall also consist of 2 shade trees, 5 evergreen trees and three ornamental trees per 100 lineal feet of bufferyard. b. Multi-family residential adjacent to single family detached and duplex residential: Where multi-family residential property is adjacent to single family detached or duplex residential a 30'landscape bufferyard shall be provided. The bufferyaxd shall consist of three shade trees, three evergreen and two ornamental trees per 100 lineal feet of bufferyard 3. Parking Lot Landscaping: All parking lots with ten (10)or more parking spaces, shall provide landscaping in accordance with the following: a. Interior Parking Lot Landscaping: 1. Interior Landscaping: One tree shall be provided for every 20 parking space and shall be planted within the interior of the parking lot. Trees shall be located in landscape medians, which have a minimum area of 190 square feet and a minimum dimension 4 Aug . 23. 2004 4 : 43PM No . 5906 P . 6/16 of 10 feet. The landscape median shall be covered with shrubs, ground cover,turf or organic mulch. 2. Visibility; To ensure proper visibility within the parking lot,the branches of trees shall start no less than six feet (6')above the pavement and shrubs shall be maintained at a height of no greater than 30" above the pavement. b. Perimeter Parking Lot Landscaping: 1. When a parking lot, which is located on a non-residential property, is adjacent to another non-residential property, a 5' perimeter bufferyard shall be planted with two shade trees and fifteen shrubs per 100 lineal feet of bufferyard. 2. When a parking lot is adjacent to a public right-of-way, a landscape bufferyard shall be provided and shall be the width of the required parking lot setback or 30', whichever is less. The bufferyard shall consist of one shade tree, one evergreen tree and thirty-three shrubs per 100 lineal feet of bufferyard. 4. Lot Landscaping: Lot landscaping shall be required for all developments other than single family detached residential and duplex developments in accordance with the following: a. Multi-family: Two canopy trees and 15 shrubs shall be provided for every four units. b. Non-residential: Two shade trees and 15 shrubs shall be provided for every 20,000 sf. of lot area. 5. Landscaping Adjacent to Primary and Secondary Arterials and Collector: Residential lots which back up to an Arterial or Collector as defined in the Yorkville Comprehensive Plan, shall provide a minimum 30' wide landscape easement running the full length of the residential lots. This easement shall be planted with 3 shade trees, 4 evergreens and 20 shrubs per 100 feet. 6. Storm Water Storage Basins Landscaping: A 30 foot wide bufferyard shall be provided around any storm water storage basin that has its high water line within the front or side yards of a lot. The 30' bufferyard shall be measured from the property line to the average elevation between normal water line and the high water line for retention basins and from the property line to the average elevation 5 Aue •23 . 2004 4:48PM No . 5906 P . 7/16 between the lowest basin elevation and the high water line for detention basins. The bufferyard shall be planed with 1 tree per 30 feet of bufferyard length. The bufferyard may be reduced to 10' wide. If so,the 10 foot bufferyard shall be planted with 2 trees per 30 feet of bufferyard length. 7. Tree Preservation: • - : .. • , . . .. . leeated-therein7 The following standards shall apply to all lots which are 5 acres or greater in area. No live tree(s) with a trunk diameter of four inches (4') or greater in diameter, as measured 5'from the ground, may be removed without first obtaining a tree removal permit from the City. ' a. Tree Removal Permit: The application for a tree removal permit shall be made to the Building Department : . . • •- • . ' . . •- Department?). The application shall include: 1. A Tree Preservation and Removal Plan. The plan shall include: a. A tree survey showing the location of all trees 4" or greater in diameter with 100' of any tree proposed to be removed, including a description of the trees, Botanical name, common name, caliper size and general condition or health of the tree(s) b. Delineation of trees to be removed and trees to be preserved c. Details and specifications or procedures to be used to protect trees being preserved d. Location, size and name of replacement trees 2. Tree Preservation and Removal Standards a. Every reasonable effort shall be made to retain existing trees shown on the tree survey through the integration of those trees into the site plan and landscape plan for a proposed development b. Grading and construction equipment shall be kw-bidden 6 Aug . 23. 2004 4:48PM No . 5906 P . 8/16 prohibited from encroaching within the drip line of a tree c. Crushed limestone hydrocarbons and other material detrimental to trees shall not be stored or dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivable affect the health of the tree d. Snow fencing or'other approved construction barrier shall be temporarily installed at the periphery of the tree's drip line e. • , . . ... . . : • • . - - -- the-City No grade changes shall be allowed under drip line of any trees designated for preservation f. To improve the survival rate of trees, root pruning and/or thinning should be performed in accordance with the Arboricultural Specifications Manual g. In the event that underground utility lines are proposed within five feet(5') of the trunk of a tree, then auguring of the utility line should be considered any may be required by the City 3. Tree Replacement Standards: a. Any tree approved for removal shall be replaced with new trees in accordance with the following schedule: CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT TO BE REMOVED TREES 30 or greater 6 13-29 5 413 - 4 8-12 4 4-7 2 b. In the event that a tree identified to be preserved is removed or damaged, such tree shall be replaced as follows: CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT TO BE REMOVED TREES 7 Aus . 23. 2004 4:49PM No • 5906 P . 9/16 30 or greater 12 J3-29 10 4 12 8 8-12 8 4-7 4 c. All replacement trees shall have a minimum caliper of 2 ''/Z" and shall consist of the shade tree varieties listed in Section 3.8 Permitted Plantings d. If the tree(s) approved for removal is (are) dead, then no replacement tree(S) are required. 4. Approval Criteria: The City shall approve a tree removal permit application if one or more of the following conditions exist: a. The tree to be removed poses a safety hazard to persons or property b. The tree is substantially diseased or weakened by age, storm, fire or other injury c. The tree removal is in accordance with good forestry practice such as when a parcel of land will only support a certain number of healthy trees which is less than the number of existing trees on the parcel d. The tree removal is part of an approved overall landscape plan 5. Failure to Replace Trees: If replacement trees, which are required by the approved tree removal permit, axe not planted within the time frame set out by the tree removal permit,the City may, at its option,replace the trees. All costs associated with purchasing and planting the replacement trees shall be charged to the owner or other person or entity causing the removal of the trees. SECTION 3: GENERAL STANDARDS 1. Landscape Plan: Prior to receiving site plan approval, a landscape plan shall be submitted to the City for review and approval. It is recommended that that prior to submitting a site plan or landscape plan, a pre-submittal conference be conducted to review the site plan implications and the standards of this Chapter. The 8 Aug . 23. 2004 4 :46PM No . 5906 P. 10/16 landscape plan shall contain the following information: a. The location and dimensions of all existing and proposed structures, parking lots, sidewalks, ground signs, refuse disposal areas, free standing electrical equipment, and other freestanding structural features. b. Name, location,right-of-way and pavement widths of abutting streets. c. The current zoning and land use'for adjoining properties and properties located across abutting streets. d. The location, quantity, size, and type (both botanical and common names) of all existing landscaping to be preserved and removed, and all proposed landscaping to be added. e. The location and contours, at one-foot (1') intervals, of all proposed berming and storm water detention/retention ponds. f. Specification of the type and boundaries of all proposed ground cover. g. Elevation and location of all existing and proposed fences. h. Location of all existing and proposed utilities and easements. Property line dimensions. 2. Quality: All trees shall be planted according to the minimum standards established by the American Association of Nurserymen. Plant material shall be grown in nurseries from the Central or Northern Illinois region. 3. Size: The size of plant material required by this ordinance shall be as follows: Shade Tree - 2 '/2 cal. measured 6" above grade Evergreen Tree - 8' height Ornamental Tree - 6' height Shrubs -24" 4. Substitutions: For the purposes of providing flexibility in the landscape design substitutions may be allowed at the following rates: 1 Tree equals 2 Evergreen Trees I Tree equals 2 Ornamental Trees 1 Tree equals 20 Shrubs 9 Aug. 23 . 2004 4:48PM No . 5906 P. 11/16 5. A mixture of trees is required so that a maximum of 33% of the total amount of required trees should not be of the same species. 6. Alternative Methods of Compliance: Site conditions may arise where normal compliance is impractical or impossible or where maximum achievement of the City's objectives can only he obtained through alternative methods. a. Requests for alternative methods of compliance may be considered by the City for any application to which the requirements of the Ordinance apply when one (1) or more of the following conditions are present: 1. Topography, soil, vegetation or other site conditions are such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification,written and graphic, to allow appropriate evaluation and decisions by the City Planner. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality,effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other eases. 10 Aug . 23. 2004 4:48PM No . 5906 P . 12/16 7. Credit for Existing Vegetation: Credit shall be given for existing trees that are preserved. Each tree that is preserved which is greater than 3" caliper and is a permitted tree per section, shall be credited towards the required tree planting as follows,on a tree for tree basis. Other existing vegetation may be credited towards the required plantings subject to the review and approval of the City Planner. 8. Permitted Plantings: The plantings used to meet the requirements of this ordinance shall be selected from the follow list of approved plant material. Shade Trees Ash, Green Fraxinus pennsylvanica spp. Ash, White Fraxmnus americana spp. Coffeetree, Kentucky Gymnocladus dhioica Ginkgo Ginko biloba Hackberry Celtis occidentialis Linden American Tilia americana spp. Linden, Littecleaf Tilia cordata spp. Linden, Silver Tilia tomentosa Maple, Black Acer nigrum Maple,Norway Acer platanoides spp. Maple, Red Acer rubruxn spp. Maple, Sugar Acer saccharum spp. Oak, Burr Quercus macrocarpa Oak, Red Quercus rubra Oak, Swamp White Quercus bicolor Oak, White Quercus alba Pear, Bradford"Cleveland select" Pyrus cahleiyana— Cleveland select Sycamore Platanus occidentahis Tuliptree Liriodendron tuhipifera Honey Locust Gleditsia tricanthos Evergreen Trees Fir, Douglas Pseudotsuga menziesii Fir, White Abies coneolor Pine, Austrian Pinus nigra Pine, Scotch Pinus sylvestris Pine, White Pinus strobus Spruce, Blackhills Picea glauca"densata" • Spruce, Colorado Picea pungens Spruce,Norway Picea abies 11 Aug .23 . 2004 4:49PM No . 5906 P. 13/16 Spruce,White Picea glauca Ornamental Trees Alder Alnus glutinosa Birch, River Malus spp. Hawthorne, Downy Craetoegus mollis Hawthorne, Washington Craetoegus phaenopynu, Hawthorne, Thorn less Cockspur Crataegus crusgalli "inermis" Hornbean, American Carpinus caroliniana Lilac, Japanese Tree Syringa reticulata Magnolia, Saucer Magnolia souulangiana Magnolia, Star Magnolia stellata Redbud Cercis canadensis Serviceberry,apple Amelanchier grandiflora Serviceberry, Shadblow Amelanchier canadensis Shrubs Those species and varieties hardy to USDA Zone 5. Other plant material not listed may be allowed on a case by case basis as determined by the City Planner. 9. Completion of Landscape Improvements: All required landscape improvements shall be installed prior to the issuance of a certificate of occupancy. If landscape improvements are unable to be completed due to weather conditions which, in the determination of the City, are unfavorable for plant survival and growth, a temporary certificate of occupancy, valid for no more than six months, may be issued. 10. Replacements: The developer shall be responsible for replacing all required landscape improvements that die during a period of two years from the date of installation. The City shall use the bond to replace any plant material if the developer fails to do so within 60 days of notification by the City. After the two year period,the property owner shall be responsible for maintaining and replacing any required plant material that dies. 11. Appeals: Any applicant may appeal any decision of the City Planner to the City Council. The City Council shall review the applicant's appeal. a. Any appeal to the standards of this chapter may be considered by the City Council given the following conditions are present: 12 Aug .23. 2004 4:49PM No . 5906 P . 14/16 1. Topography, soil,vegetation or other site conditions are such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification,written and graphic, to allow appropriate evaluation and decisions by the City Council. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality,effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other eases. 12. Severability: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence,paragraph, section,or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Resolution shall not be affected thereby. 13. Repealer: Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON 13 Aug. 23. 2004 4: 49PM No • 5906 P. 15/16 VALERIE BURD ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2000. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of , A.D. 2000. Attest: CITY CLERK 14 Aug . 23. 2004 4:49PM No. 5906 P. 16/16 Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 15 0, United City of Yorkville County Seat of Kendall County EST. _ 1836 800 Game Farm Road U) Yorkville, Illinois 60560 Q ��' �' Q Phone:630-553-4350 'Q ::207 �� Fax:630-553-7575 `�L L E August 17, 2004 TO: Tony Graff FOR: Economic Development Committee FROM: Anna B. Kurtzman SUBJECT: Appearance Code Please find attached the latest version of the Appearance Code for the EDC's consideration. I can be reached at either 630-553-8556 or 630-816-5420 should there be any questions. /abk attachment c: W. Dettmer filename: C:ADocuments and Settings\Anna\My Documents\Ordinances\AppearanceAEDC8-17-04.doc APPEARANCE CODE OBJECTIVES 1. The fostering of: i. Sound and harmonious design of new buildings and sites. ii. Greater interest in the development and redevelopment of business and industrial areas with an emphasis on appearance as it relates to each specific project, its surroundings and the community, by giving encouragement, guidance and direction. iii. Better maintenance of properties through encouragement of preservation, upkeep, protection and care. iv. Greater public interest and enthusiasm in overall community beauty, appearance, cleanliness and order. 2. Establish standards for new construction and development with respect to,but not limited to, buildings, streetscapes and landscapes. II. APPLICABILITY a) The provisions of this code shall apply to: i. building permits for new construction applied for after the execution of the ordinance, and/or ii. building permits for additions to existing buildings where the permit is applied for after the execution of the ordinance and where the cumulative addition(s) are equal to 10% of the floor area or 200 sq ft, whichever is more and/or iii. when property is rezoned. III. CRITERIA FOR APPEARANCE 1. Landscape and Site Treatment The provisions of this section are meant to supplement the City's Landscape Regulations. All provisions of the Landscape Regulations are in full force. Where conflicts between the two regulations may occur, the more stringent requirement will apply. The following criteria shall be applied to non-residential development, multiple-family dwellings and residential buildings consisting of three or more attached dwelling units. Detached single-family residences and duplexes are exempt from this subsection. Date Printed: 8/17/2004 Page 1 • APPEARANCE CODE (Con't) i. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and all visible construction except buildings and utilitarian structures. ii. Where natural or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and/or enhanced. Modification to topography will be permitted where it contributes to good appearance and/or maintains/enhances the drainage of the property. iii. Grades of walks, parking spaces terraces and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting. iv. Landscape treatment and spectacular effects (such as incorporating waterfalls, statues or monuments, or works of art, etc.) shall be provided to enhance architectural features, strengthen vistas, and provide shade. v. Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by correlation with adjacent developments. vi. Plant materials shall be selected for interest in its structure, texture, and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design and of good appearance shall be used. vii. In locations where plants will be susceptible to injury by pedestrian or motor traffic shall be protected by appropriate curbs, tree guards or other devices. viii. Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings. Shrubs shall be used only where they will not obscure vision and will not require excessive maintenance. ix. Where building sites limit planting, the placement of trees in parkways or paved areas is encouraged. x. Shade trees in parking areas or areas of extensive hard surfacing will be given special drainage considerations. They could be tiled, have curbs put around them and have the soil mounded up in the curbed areas. xi. Screening of service yards, and other places that tend to be unsightly, shall be accomplished by use of walls, fencing, planting, or combinations of these. Screening shall be equally effective in winter and summer. xii. In areas where general planting will not prosper, other materials such as fences, walls and paving of wood, brick, stone, gravel and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible. Date Printed: 8/17/2004 Page 2 APPEARANCE CODE (Con't) xiii. Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness and brilliant colors avoided. Maximum illumination at the property line cannot exceed .1 foot-candles and no glare shall spill onto adjacent properties or right-of-ways. xiv. The provisions of the Ordinance in regards to bulk regulations, standards and off- street parking; relating to trees and shrubs; all other Ordinances, or portions of Ordinances, which directly affect appearance, shall be a part of the criteria of this sub-section. 2. Residential i. All Housing stock (1) "Pole barn" -type buildings are prohibited in residential areas. ii. Single-family detached (1) Unless stated otherwise within this ordinance, no residential dwellings shall be similar in appearance unless two or more buildings of dissimilar design separate the buildings. (2) A newly constructed residential building cannot be similar in appearance to another residential building across the street from, or cattycorner from the newly constructed building. (3) A residential dwelling on a corner lot is not considered similar to one adjacent to it if the two dwellings face different streets. (4) On cul-de-sacs not more than two dwellings shall be similar in appearance on any lots having front lot lines contributing to the arc of the cul-de-sac. (5) For the purpose of this section, "similar in appearance" shall mean a residential building which is identical to another in any four or more of the following architectural characteristics: (a) Roof type (gable, hip mansard, gambrel, flat, combination). (b) Height of main roof ridge above finished grade of property. (c) Dimensions (height and length) and shape of the facades facing the front lot line. Date Printed: 8/17/2004 Page 3 APPEARANCE CODE (Con't) (d) Locations and sizes of windows, doors (including garage doors) and ornamental work on the facade facing a front lot line. (e) Type of facade materials (i.e., brick veneer, lapped horizontal siding, half timber,board and batten, shakes, etc.) on the facade facing a front lot line. iii. Duplexes (1) In addition to the standards listed in Section III2i above, Duplexes shall incorporate brick, stone, or split face brick. The front facade (defined as that facade that faces a street that includes a main entry to the house) shall itself incorporate brick, stone or split face brick on at least 50% of the facade. The other facades shall also incorporate brick, stone or split face brick on at least 50% of the remaining combined facades. (I.E. Assume a 4 sided house with each side having 100 sq ft of facade. The front of the house would have to have 50 sq ft of brick, etc. The other three sides of the house would have to incorporate 150 sq ft of brick, etc., to be applied as the petitioner desires.) iv. Single-family attached (other than Duplexes) and Multiple-family (1) The provisions of III.2.i.(1)-(5) above shall also apply to Single-family attached (other than Duplexes) and Multiple-family buildings. (2) The building footprint shall be noticeably varied for buildings with three or more residential units from those buildings that are located adjacent to, across from, or cattycorner from the new building (i.e., an average person can immediately tell that the footprint for each building is different than those adjacent to, across from or cattycorner from the new building). (3) Site planning in which setbacks and yards are in excess of the minimum zoning district requirements is encouraged to provide an interesting relationship between buildings. (4) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms and other innovative means so as to largely screen parking areas from view from public ways. (5) The height and scale of each building shall be compatible with its site and adjoining buildings. (6) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (7) The architectural character of the building shall be in keeping with the topographical dictates of the site. Date Printed: 8/17/2004 Page 4 APPEARANCE CODE (Con't) (8) Brick, stone, split face brick or architectural blocks shall be used on all sides of the building. The front façade (defined as that façade that faces a street that includes a main entry to the house) shall itself incorporate brick, stone or split face brick on at least 50% of the facade. The other facades shall also incorporate brick, stone or split face brick on at least 50% of the remaining combined facades. (I.E. Assume a 4 sided building with each side having 100 sq ft of façade. The front of the building would have to have 50 sq ft of brick, etc. The other three sides of the building would have to incorporate 150 sq ft of brick, etc., to be applied as the petitioner desires.) (9) Pedestrian features/amenities, such as covered walkways, street furniture, and bicycle rack facilities are encouraged. (10) Common open space and outdoor seating areas are encouraged. 3. Non-Residential General Provisions (1) Relationship of Buildings to Site (a) The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting, pedestrian movement, and parking area. (b) Site planning in which setbacks and yards are in excess of the minimum zoning district requirement is encouraged to provide an interesting relationship between buildings. (c) Parking areas shall be treated with decorative elements, building wall extensions, plantings,bellns and other innovative means so as to largely screen parking areas from view from public ways. (d) The height and scale of each building shall be compatible with its site and adjoining buildings. (e) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (f) The architectural character of the building shall be in keeping with the topographical dictates of the site. (g) In relating buildings to the site, the provisions of the Zoning Ordinance in regard to bulk regulations, standards, and off-street parking shall be part of these criteria. This shall also apply to sub-section 2 which follows. Date Printed: 8/17/2004 Page 5 APPEARANCE CODE (Con't) (2) Relationship of Site to Adjoining Area (a) Adjacent buildings of different architectural styles shall be made compatible by such means as screens, site breaks, and materials. (b) Attractive landscape transition to adjoining properties shall be provided. (c) Harmony in texture, lines and masses is required. Monotony shall be avoided. (d) Buildings shall have similar scale to those in the surrounding area. ii. Building Design (1) Commercial, Office and Institutional Uses (a) Guidelines (i) "Pole barn"-type buildings are prohibited in non-residential areas. (ii) Brick or other masonry materials are required on all sides of the building. (iii) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Four-sided buildings (i.e., use of windows or the impression of windows on all sides of the building) and the utilization of a campus-style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development, to prevent monotony, and to improve the aesthetic quality of the development. (iv) Outlots shall reflect the style, materials, and/or design elements of the main building. In cases where the main building does not meet the design guidelines and standards (i.e., in teiilis of visual design materials and layout of the building), new outlot development proposals will be reviewed using the guidelines and standards contained in this document. (v) Pedestrian scale features/amenities, such as solid-colored awnings, covered walkways, windows, street furniture, bicycle rack facilities and clearly defined entranceways are encouraged. (vi) Common open space and outdoor seating areas are encouraged within commercial, office and institutional developments. Date Printed: 8/17/2004 Page 6 APPEARANCE CODE (Con't) (vii) The location of parking lots in a manner that is logical, safe and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (viii) The location of drive-through facilities, including drive-through lanes, bypass lanes, and service windows, adjacent to a public right-of-way are not desirable and are discouraged. (ix) Loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right-of- way. (x) Loading bays for industrial uses may not be placed along the front of the building or the side(s) abutting a public right-of-way when there is a non-industrial use across from that facade. Otherwise, loading bays for industrial uses shall be discouraged from being placed in the front of the building or in the area abutting a public right-of-way. (b) Standards (i) All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (ii) Masonry facades shall not be painted. (iii) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial, office or institutional building is required. (iv) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Landscaping and/or fencing, as appropriate, shall screen ground level mechanicals. (2) Industrial Uses (a) Guidelines (i) "Pole barn" -type buildings are prohibited in residential areas. Date Printed: 8/17/2004 Page 7 APPEARANCE CODE (Con't) (ii) Brick or other masonry materials are required on all sides of the industrial structure. Where pre-cast concrete panels or split-face block is utilized, the use of colors, patterns, or other architectural features within these panels/blocks is encouraged. (iii) Building entryways shall be clearly identified. Building components, such as windows, doors, eaves and parapets shall be in proportion to one another. (iv) The location of parking lots in a manner that is logical, safe, and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (v) Loading bays shall not be located in the front of an industrial structure or in the area abutting a public right-of-way. (b) Standards (i) Industrial buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (ii) Industrial buildings with facades greater than 100 feet in length shall incorporate recesses, projections, windows or other ornamental/architectural features along at least thirty percent (30%) of the length of the facade abutting a public street in an effort to break up the mass of the structure. (iii) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal industrial building is required. (iv) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Landscaping and/or fencing, as appropriate, shall screen ground level mechanicals. iii. Signs The provisions of this section are meant to supplement the City's Sign Code. All provisions of the Sign Code are in full force. Where conflicts between the two regulations may occur, the more stringent requirement will apply. Date Printed: 8/17/2004 Page 8 APPEARANCE CODE (Con't) Wall signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design, and shall be compatible with signs on adjoining buildings. 4. Applicability towards Existing Buildings i. This code shall not apply to those buildings where siding is being replaced with similar siding materials. ii. This code shall not apply to existing residential accessory structures. iii. The standards in this code shall be pro-rated when being applied to additions to all principal buildings or major re-construction (i.e., 25% of the facade is removed and/or different type of facade material is used and/or if the size of windows/doors are being modified by more than 25%) done to non-residential or attached single-family or multifamily buildings. iv. Additions and/or major facade work shall be assessed on a cumulative basis (i.e., if a 10 percent modification is conducted at one time and later an another 10 percent medication is made, the cumulative impact is 20% and therefore a 20% compliance ratio is expected.) v. When property is rezoned, the property must comply with this code within 24 months of the execution of the ordinance granting the rezoning. III. MAINTENANCE FOR GOOD APPEARANCE 1. Landscape materials, other than plants, which have deteriorated or have been damaged or defaced, shall be properly repaired or replaced. 2. Plant materials that have deteriorated or died shall be replaced with healthy plantings, or the area shall be redesigned with other treatment to provide an attractive appearance. 3. Plantings shall be kept watered, fed, cultivated, and pruned as required to give a healthy and well groomed appearance during all seasons. 4. Parking areas shall be kept in good repair, properly marked and clear of litter and debris. 5. Vacant property shall be kept free of refuse and debris, and shall have the vegetation cut periodically during the growing season. IV. PROCEDURES 1. The City Building Official, or his/her designee, shall review the plan and/or drawing of the exterior design of every building and site to be constructed in the City for compliance Date Printed: 8/17/2004 Page 9 • APPEARANCE CODE (Con't) with this code, prior to the issuance of a building permit. Building permits shall only be issued upon authorization of the City Building Official. 2. Any appeals to this Code or the City Building Official's determination of compliance with this code shall be made in writing and submitted to the City Building Official. The City Building Official shall direct such requests to the Facade Committee who shall make a recommendation to the City Council. The City Council's decision shall be binding. Filename: C:\Documents and Settings\Anna\My Documents\Ordinances\Appearance\Appearance Code5-clean.doc Date Printed: 8/17/2004 Page 10 UNITED CITY OF YORKVILLE Clerk's Office FROM THE DESK OF LISA PICKERING August 18, 2004 TO: Mayor Committee Members City Staff RE: Corrected Information for the Economic Development Committee Packet - 8/19/04 Attached is the corrected Amendment to Building &Zoning Code Addressing Maximum Height and Building Materials (Item#12). Please insert this in your packet and remove the one that was originally there. Thanks, (jf AY-L. P C, L v() Lisa Pickering Office Assistant . . e, pc„.J., . 0 United City of Yorkville ® County Seat of Kendall County EST.% �� 1836 800 Game Farm Road ,� '� (/) Yorkville, Illinois 60560 p IIrf 0 Phone:630-553-4350 /,f K::::2:.,' Fax:630-553-7575 `�L L E ��v August 18, 2004 TO: Tony Graff FOR: Economic Development Committee FROM: Anna B. Kurtzman' SUBJECT: Proposed Revisions to Building, Fire Code Provisions and Zoning Code Please find attached a memo from Kurt Van Dahm suggesting modifications to the Building/Fire Codes to require any 4, 5 or 6 story buildings be built of noncombustible construction materials and be fully protected by sprinkler systems. In order to allow taller buildings a modification to the zoning code would have to be processed that would allow 6 story buildings with a maximum height of 75 feet. If there are anyquestions, I can be reached at either 630-553-8556 or 630-816-5420, or you can reach Mr. Van Dahm at 630-816-7292. /abk attachment c: W. Dettmer K. Van Dahm Filename: C:\Documents and Settings\Anna\My Documents\Ordinances\Multi-stories\EDC8-18-04.doc MEMO To: Anna A. Kurtzman, Dir. Planning and Zoning From: Kurt Van Dahm Subject: Code changes for 4, 5 & 6 story buildings Per Bill's directive to make the necessary changes to the Building and Fire Codes to require all 4, 5 and 6 story buildings in Yorkville to be built of noncombustible construction and to be fully protected by full sprinkler systems my suggestions are detailed below. BUILDING CODE Add the following new sections; 503.1.5 Four, Five and Six Story Buildings. Regardless of use, all buildings of four (4), five (5) or six (6) stories shall be of noncombustible construction only (Type I and Type II only). No increase in allowable height beyond, six (6) stories is to be allowed regardless of any other provisions of this code. 503.1.6 Building Height Limit No building shall be constructed of more than six (6) stories regardless of construction type or of any other provisions of this code. 903.2.16 All Buildings of Four, Five or Six Stories. An automatic sprinkler system shall be provided throughout all buildings, regardless of use, of four (4), five (5) or six (6) stories. A residential sprinkler system installed in accordance with Section 903.3.1.2 shall not be allowed in buildings, or portions thereof, of Groups R-1, R-2, R-3 or R-4 exceeding three (3) stories. 907.20 All Buildings of Four, Five or Six Stories. An approved manual, automatic, or manual and automatic fire alarm system shall be provided in all buildings of four, five or six stories. An approved automatic fire detection system shall be installed in accordance with the provisions of this code and NFPA 72. Devices, combinations of devices, appliances and equipment shall comply with Section 907.1 .2. The automatic fire detectors shall be smoke detectors, except that an approved alternative type of detector shall be installed in spaces such as boiler rooms where, during normal operation, products of combustion are present in sufficient quantity to actuate a smoke detector. Also Recommend: In Section 905 — All buildings over three (3) stories shall be equipped with Class I Standpipes in each stairway. FIRE CODE 903.2.16 All Buildings of Four, Five or Six Stories. An automatic sprinkler system shall be provided throughout all buildings, regardless of use, of four (4), five (5) or six (6) stories. A residential sprinkler system installed in accordance with Section 903.3.1.2 shall not be allowed in buildings, or portions thereof, of Groups R=1, R=2, R=3 or R=4. 907.2.24 All Buildings of Four, Five or Six Stories. An approved'manual, automatic, or manual and automatic fire alarm system shall be provided in all buildings of four, five or six stories. An approved automatic fire detection system shall be installed in accordance with the provisions of this code and NFPA 72. Devices, combinations of devices, appliances and equipment shall comply with Section 907.1.2. The automatic fire detectors shall be smoke detectors, except that an approved alternative type of detector shall be installed in spaces such as boiler rooms where, during normal operation, products of combustion are present in sufficient quantity to actuate a smoke detector. Also Recommend: In Section 905 — All buildings over three (3) stories shall be equipped with Class I Standpipes in each stairway. United City of Yorkville EST. 1 1836 County Seat of Kendall County 800 Game Farm Road CO Yorkville, Illinois 60560 O 111 O Phone:630-553-4350 /14 '""� o mY �� Fax:630-553-7575 L E `‘' August 17, 2004 TO: Tony Graff FOR: Economic Development Committee FROM: Anna B. Kurtzmanor< SUBJECT: Proposed Revisions to Building and Fire Code Provisions Please find attached a memo from Kurt Van Dahm suggesting modifications to the Building/Fire Codes to require any 4, 5 or 6 story buildings be built of noncombustible construction materials and be fully protected by sprinkler systems. If there are any questions, I can be reached at either 630-553-8556 or 630-816-5420, or you can reach Mr. Van Dahm at 630-816-7292. /abk attachment c: W. Dettmer K. Van Dahm Filename: C:\Documents and Settings\Anna\My Documents\Ordinances\Multi-stories\EDC8-I7-04.doc MEMO To: Anna A. Kurtzman, Dir. Planning and Zoning From: Kurt Van Dahm Subject: Code changes for 4, 5 & 6 story buildings Per Bill's directive to make the necessary changes to the Building and Fire Codes to require all 4, 5 and 6 story buildings in Yorkville to be built of noncombustible construction and to be fully protected by full sprinkler systems my suggestions are detailed below. BUILDING CODE Add the following new sections; 503.1.5 Four, Five and Six Story Buildings. Regardless of use, all buildings of four (4), five (5) or six (6) stories shall be of noncombustible construction only (Type I and Type II only). No increase in allowable height beyond six (6) stories is to be allowed regardless of any other provisions of this code. 503.1.6 Building Height Limit No building shall be constructed of more than six (6) stories regardless of construction type or of any other provisions of this code. 903.2.16 All Buildings of Four, Five or Six Stories. An automatic sprinkler system shall be provided throughout all buildings, regardless of use, of four (4), five (5) or six (6) stories. A residential sprinkler system installed in accordance with Section 903.3.1.2 shall not be allowed in buildings, or portions thereof, of Groups R-1, R-2, R-3 or R-4 exceeding three (3) stories. 907.20 All Buildings of Four, Five or Six Stories. An approved manual, automatic, or manual and automatic fire alarm system shall be provided in all buildings of four, five or six stories. An approved automatic fire detection system shall be installed in accordance with the provisions of this code and NFPA 72. Devices, combinations of devices, appliances and equipment shall comply with Section 907.1.2. The automatic fire detectors shall be smoke detectors, except that an approved alternative type of detector shall be installed in spaces such as boiler rooms where, during normal operation, products of combustion are present in sufficient quantity to actuate a smoke detector. Also Recommend: In Section 905 — All buildings over three (3) stories shall be equipped with Class I Standpipes in each stairway. FIRE CODE 903.2.16 All Buildings of Four, Five or Six Stories. An automatic sprinkler system shall be provided throughout all buildings, regardless of use, of four (4), five (5) or six (6) stories. A residential sprinkler system installed in accordance with Section 903.3.1.2 shall not be allowed in buildings, or portions thereof, of Groups R-1, R-2, R-3 or R4. 907.2.24 All Buildings of Four, Five or Six Stories. An approved manual, automatic, or manual and automatic fire alarm system shall be provided in all buildings of four, five or six stories. An approved automatic fire detection system shall be installed in accordance with the provisions of this code and NFPA 72. Devices, combinations of devices, appliances and equipment shall comply with Section 907.1.2. The automatic fire detectors shall be smoke detectors, except that an approved alternative type of detector shall be installed in spaces such as boiler rooms where, during normal operation, products of combustion are present in sufficient quantity to actuate a smoke detector. Also Recommend: In Section 905 — All buildings over three (3) stories shall be equipped with Class I Standpipes in each stairway. `'`,��D C/p o United City of Yorkville County Seat of Kendall County EST. 1836 800 Game Farm Road \ 0) Yorkville, Illinois 60560 O ��' n 0 Phone:630-553-4350 ,f K<�, ��, �� Fax:630-553-7575 !./4LE `w August 18, 2004 TO: Tony Graff FOR: Economic Development Committee FROM: Anna B. Kurtzman SUBJECT: Proposed Revisions to Building and Fire Code Provisions Please find attached a memo from Kurt Van Dahm suggesting modifications to the Building/Fire Codes to require any 4, 5 or 6 story buildings be built of noncombustible construction materials and be fully protected by sprinkler systems. Presently the zoning code has a maximum height of 2.5 stories or 30 feet in the residential districts. In order to allow taller buildings a modification to the zoning code would have to be processed that would allow 6 story buildings with a maximum height of 75 feet. If there are any questions, I can be reached at either 630-553-8556 or 630-816-5420, or you can reach Mr. Van Dahm at 630-816-7292. /abk attachment c: W. Dettmer K. Van Dahm Filename: C:\Documents and Settings\Anna AMy Documents\Ordinances\Multi-stories\EDC8-I8-04.doc MEMO To: Anna A. Kurtzman, Dir. Planning and Zoning From: Kurt Van Dahm Subject: Code changes for 4, 5 & 6 story buildings Per Bill's directive to make the necessary changes to the Building and Fire Codes to require all 4, 5 and 6 story buildings in Yorkville to be built of noncombustible construction and to be fully protected by full sprinkler systems my suggestions are detailed below. BUILDING CODE Add the following new sections; 503.1.5 Four, Five and Six Story Buildings. Regardless of use, all buildings of four (4), five (5) or six (6) stories shall be of noncombustible construction only (Type I and Type II only). No increase in allowable height beyond six (6) stories is to be allowed regardless of any other provisions of this code. 503.1.6 Building Height Limit No building shall be constructed of more than six (6) stories regardless of construction type or of any other provisions of this code. 903.2.16 All Buildings of Four, Five or Six Stories. An automatic sprinkler system shall be provided throughout all buildings, regardless of use, of four (4), five (5) or six (6) stories. A residential sprinkler system installed in accordance with Section 903.3.1.2 shall not be allowed in buildings, or portions thereof, of Groups R-1, R-2, R-3 or R-4 exceeding three (3) stories. 907.20 All Buildings of Four, Five or Six Stories. An approved manual, automatic, or manual and automatic fire alarm system shall be provided in all buildings of four, five or six stories. An approved automatic fire detection system shall be installed in accordance with the provisions of this code and NFPA 72. Devices, combinations of devices, appliances and equipment shall comply with Section 907.1.2. The automatic fire detectors shall be smoke detectors, except that an approved alternative type of detector shall be installed in spaces such as boiler rooms where, during normal operation, products of combustion are present in sufficient quantity to actuate a smoke detector. Also Recommend: In Section 905 — All buildings over three (3) stories shall be equipped with Class I Standpipes in each stairway. FIRE CODE 903.2.16 All Buildings of Four, Five or Six Stories. An automatic sprinkler system shall be provided throughout all buildings, regardless of use, of four (4), five (5) or six (6) stories. A residential sprinkler system installed in accordance with Section 903.3.1.2 shall not be allowed in buildings, or portions thereof, of Groups R-1, R=2, R=3 or R=4. 907.2.24 All Buildings of Four, Five or Six Stories. An approved'manual, automatic, or manual and automatic fire alarm system shall be provided in all buildings of four, five or six stories. An approved automatic fire detection system shall be installed in accordance with the provisions of this code and NFPA 72. Devices, combinations of devices, appliances and equipment shall comply with Section 907.1.2. The automatic fire detectors shall be smoke detectors, except that an approved alternative type of detector shall be installed in spaces such as boiler rooms where, during normal operation, products of combustion are present in sufficient quantity to actuate a smoke detector. Also Recommend: In Section 905 — All buildings over three (3) stories shall be equipped with Class I Standpipes in each stairway.