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Economic Development Packet 2004 10-21-04 :�,T� United City of Yorkville EST. % ';1836 County Seat of Kendall County �� 800 Game Farm Road 4 0 Yorkville, Illinois, 60560 0�� ,` ''=0 Telephone: 630-553-4350 �j��E ,�,. Fax: 630-553-7575 Website: www.yorkville.il.us AGENDA ECONOMIC DEVELOPMENT COMMIT 1'EE MEETING Thursday, October 21, 2004 7:00 p.m. City Hall Conference Room Presentation: None 1. Approval/Correction of Minutes: September 20, 2004 2. Amendment to Building & Zoning Code Addressing Maximum Height and Building Materials 3. Policy for Public Facility Land Donation 4. Overlay Ordinance 5. Prairie Gardens Economic Incentive Agreement 6. Developer Request Regarding Lot in Grande Reserve Unit 9 7. PC 2004-07 Autumn Creek - Annexation, Zoning & Preliminary Plan 8. Additional Business • UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE YORKVILLE CITY HALL CONFERENCE ROOM MONDAY,SEPTEMBER 20,2004 The meeting was called to order at 7 p.m. ATTENDANCE COMMITTEE MEMBERS AND CITY STAFF:Alderman Richard Sticka; and Alderwomen Rose Spears and Valerie Burd; and Kelly Kramer from the City Attorney's office. OTHERS: Lynn Dubajic, Yorkville EDC; Bill Dettmer,the city's code official; Scott Mai, Smith Engineering;John Argoudelis, for the Saravanos property;John Wazniak, with Lennar Chicago;Rich Guerard, Raintree Village; 1.Minutes Minutes from the July 21, 2004 meeting were approved. 2. Building Reports Building permit reports from August 2004 were viewed and forwarded to the next Committee of the Whole meeting. 3. Amendment to the Building and Zoning Code addressing maximum height and building materials Code Official Bill Dettmer said he recently reviewed the city's building and zoning code looking specifically at building heights in the office and commercial zoning classifications. He met with Fire Chief Mike Hitzemann and Deputy Chief Tim Fairfield in the previous month regarding buildings that are four,five and six stories tall. Currently, the city only allows three-story buildings because the fire department hasn't felt it could adequately fight fires in taller buildings. At the meeting, Dettmer said they discussed the ability of fighting fires in taller buildings. He said they talked about going to a definite height limit, dealing with a definite type of construction, and fire suppression systems in the buildings. After meeting with the fire department, he said the recommendation was made to increase the maximum building height in the office and commercial zoning classifications up to 75 feet or six stories. Dettmer said he worked with the fire chief to make sure the fire department felt comfortable with the proposed changes. When you build a building taller, it works better if safety is built into it, he added. Chairman Richard Sticka said it's been his understanding that the city would not approve any changes in height requirements that the fire department wouldn't allow. He said he would like to see written confirmation from the fire department approving the proposed changes or have representatives from the department on hand at a Committee of the Whole meeting to offer their views. Alderwoman Valerie Burd said Plan Commission Chairman Tom Lindblom who also is a deputy fire chief on the fire protection district is not 100 percent behind any changes in the maximum height allowable. Alderwoman Rose Spears said even with a report from the fire chief, she wouldn't be comfortable raising the building height. She said she would rather be on the safe side and wait until the city has the proper fire fighting equipment before raising the height. Burd said she said the city had limited the height of buildings to three stories based on the fire department's recommendation. She believes this recommendation is a lobbying to get the fire department to change its recommendation. Dettmer said basically municipalities need to design for the capabilities of the fire department. When he spoke with the fire department, he went over the different aspects of the buildings and what they were looking for in the buildings and how they would be dealt with. Sticka said there obviously buildings in the world that no fire ladder could ever reach. If the fire department says it can handle a five-storybuilding, Sticka said he would feel l� Y g comfortable with that. The way it stands now, Sticka said two of the committee members don't accept the proposal. The next step,he said, is to have the fire chief attend a Committee of the Whole meeting. 4. PC 2004-16 Saravanos Property—Annexation and Zoning John Argoudelis, for the Saravanos property, said the matter before the city is the annexation and zoning of a two-acre site that connects with an eight-acre site, which is formerly known as the Hughes Property. City Attorney Kelly Kramer said the petitioners are not seeking any variances and the proposed use for the property conforms to the Comprehensive Plan. Also, she said the Plan Commission gave its unanimous approval. Spears asked if all of City Engineer Joe Wyrot's comments have been met. Scott Mai, Smith Engineering, said all of the comments are in the process of being met. The committee decided to send the annexation and zoning request forward to the C.O.W. 5. Concord Homes—Modified Home Layout—Proposed PUD Amendment John Wazniak, with Lennar Chicago, said the company plans to build duplex homes in Raintree Village. Units 3 and 4 were to be all duplex homes for a total of 224 homes. He said that seems to be a lot of duplex homes. To complete that many,they would have to lessen the price per home in order to move them at a rate that was sufficient for the amount of land. Instead,they'd like to introduce a townhome product. That way,he said they would be able to build some higher-end duplexes. The main focus of the change is to get the duplex product to be a nicer one to go with the community. This then creates a nice marriage between the single-family homes,the townhomes and the duplexes. Wazniak said they're proposing an amendment to the Planned Unit Development that would allow for 124 total duplexes and 128 townhomes. As an added benefit,they would try to create a park in the middle so the density does not go up tremendously. The density would go up about 18 homes, but the advantage is that the value of the townhomes would be greater. Plans are to build two-story townhomes and ranch and two- story duplexes. Sticka asked if the Park Board has been able to see the plan. Wazniak said it hasn't been presented yet. Sticka said Rich Guerard, with the Raintree Village project,originally came in with a plan that had all townhomes. The Plan Commission wanted it changed to all duplexes. So, the plan was changed. Sticka said he's been uncomfortable with that many duplexes since the change was made. Guerard said the new mix makes more sense. Sticka said he likes this plan much better and the addition of the park is like icing on the cake. He added he thinks the Park Board will want the park to be operated by a homeowner's association. Kramer said she recommends the developers contact the Park Board and then contact the city about scheduling a hearing to amend the PUD. 6. PC 2004-13 Raintree Village Units 4, 5 and 6—Final Plats Guerard said the Plan Commission unanimously approved the final plat and the city planner and city engineer signed off on the project. He said there are no issues he's aware of. The committee recommended the final plat be sent to the C.O.W. 7. Policy for Public Facility Land Donation Kramer said she'd like to look at that more closely and give a written legal opinion on it. She said she would have it ready for the next C.O.W. 8. Centex Homes Annexation and Zoning No one representing Centex Homes was at the meeting so the matter was not discussed. 9. F.E.Wheaton Economic Initiative Agreement Sticka said F.E. Wheaton is putting an addition onto their building, which they say will increase sales tax revenues significantly. The company wants to put in a traffic signal at Wheaton Road and Route 47. They're proposing to pay for the roadwork and are asking for a sales tax rebate. Kramer said it will cost about$400,000 to construct the intersection. The additional sales tax generation from the expansion would be about$150,000 to $250,000 she said. Sticka said he'd suggest that only sales tax from the addition be rebated. Lynn Dubajic, with the YEDC, said maybe the business could go back over the last three years and average their revenue. The rebate could then apply to revenue over that amount. Kramer said she'll talk with the petitioner about setting up a specific formula. Dubajic said the signal will be helpful because a large retail center is going to go into that area as well. The committee recommended the matter go to the C.O.W. 10. Fox and Kendall Township Land Resource Management Plan Update The committee decided someone needs to explain the request before the committee can make a recommendation. Sticka said he'd like to have someone from the township explain the request and what it's for. He's not saying the city shouldn't contribute,but he'd like more information. 11. Revised PUD Ordinance Looking at the ordinance, Sticka said some things have been struck out, and he's not sure why they requested it. For instance, he said the committee asked that the phrase "not less than 30 days"be removed. He said that makes no sense. He suggested that phrase be added where it was deleted. Other than that,he said ordinance looks okay. The committee decided to forward the ordinance to the C.O.W. The meeting adjourned at 8:06 p.m. Minutes respectfully submitted by Dina Gipe. 09/15/2004 11 :51 FAX 630 553 5764 DANIEL J. KRAMER 81002/005 Ebe- a ____ e c:„..,..o.„ United City of Yorkville �, County Seat of Kendall County EST. teas 800 Game Farm Road �- .. U/ Yorkville,Illinois 60560 lJ �:1,~ O Phone.630-553-4350 '9' s" ▪ 2 Fax:630.553.7575 LIE tuber 15, 2004 Arthur F. Prochaska,Mayor Tony Graff, City Administrator Economic Development Committee United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 RE: Building Height Increase Dear Ladies &Gentlemen: Please be advised that the United City of Yorkville Building and Zoning Department along with our office has been requested to investigate the possibility of increasing the allowable building height in the office and commercial zoning classifications. The United City of Yorkville Building and Zoning Department has discussed the matter with the Bristol Kendall Fire Department and received comments from the same. The Fire Department and the City Staff concluded that public safety would not be compromised if the allowable maximum building height in the before mentioned zoning classifications was increased to 75 feet. Please be advised that the staff is seeking Council input and direction on the issue and will be prepared to answer any questions and discuss the matter at the September 20, 2004 Economic Development Committee Meeting. If you have any questions in the meantime please feel free to contact me. Very truly yours, Kel A. Kramer Attorney at Law KAK/pdc Encl. cc: Liz `SVDo .,, United City of Yorkville �" County Seat of Kendall County EST. ��`1836 800 Game Farm Road pLilt �~= U) Yorkville, Illinois 60560 LilIl1 Q Phone:630-553-4350 Fax:630-553-7575 k LE September 10, 2004 TO: Tony Graff FROM: Anna B. Kurtzmann SUBJECT: Requested Changes to Municipal Code As requested, staff has investigated making modifications to the municipal code to accommodate 6-story buildings. Based upon our research, staff has the following comments: 1. The Zoning Code has two general areas which address height restrictions — in the business districts and in the residential districts. Based upon our understanding of the discussion at the EDC meeting, we have requested that the legal staff prepare a draft ordinance for the Council's consideration. This ordinance would allow buildings within the business districts (Office, B-1, B-2, B-3 and B-4) to be up to 6 stories tall with a maximum height of 75 feet. 2. Staff was unclear regarding the Council's desires regarding the height in residential districts. Does the Council want to consider increasing the height in the R-4 (General Residence District)? If yes, does the Council want to allow an increase of height (from the present maximum height of 35 feet in the R-4 district) only in conjunction with a special use request or allow an increased height as a right? 3. Staff understands that some Council members might be uncomfortable allowing an increase in height of any building. This discomfort sterns from a safety concern—can the fire district provide adequate protect to buildings over 35 feet tall? The Fire District has indicated that with some modifications to the building and fire safety codes, they can support taller buildings. Towards that end, legal staff has been instructed to make the appropriate modifications to the building code and to the fire safety code. If you have any questions regarding the above, please feel free to call me at either 553-8556 or 630-816-5420. /abk Filename: C:\Documents and Settings\Owner\Desktop\Yorkville\6-storyMemo9-10-04.doc �s,D CO). United City of Yorkville EST ell ;1836 County Seat of Kendall County 800 Game Farm Road fi,'� sp. Yorkville, Illinois, 60560 cois- .` 0 Telephone: 630-553-4350 • � >> Fax: 630-553-7575 Website: www.yorkville.il.us DEPARTMENT OF BUILDING SAFETY MEMORANDUM DATE: September 14, 2004 TO: William A. Dettmer, Code Official FROM: Kurt Van Dahm, Commercial & Fire Systems Plans Examiner SUBJECT: Code Changes for 4, 5 & 6 Story Buildings Per your 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 non-combustible 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. Memo to William A. Dettmer Re: Code Changes for 4, 5, 6 Story Buildings Page 2 907.20 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 907.12. The automatic fire detectors shall be smoke detectors, except that an approved alternate 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 and 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. Devises, 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. E UNITED CITY OF YORKVILLE Memo To: Alderman Rich Sticka& EDC Committee From: Tony Graff, Cit..),TAdii irustrator f CC: Mayor Prochaska& Atty. D. Kramer Date: 9/16/04 Re: Request for Public Facility Development Fee This is a proposal to explore the opportunity for a new policy in relationship to requesting funds and/or land from developers through the annexation process of 1% of the total land development in acreage. The example would be a development of 200 acres would be required to donate 2 acres of land for a site or 2 acres of land cash funds to be used for other site locations for purchase or recovery dollars to be paid to other developers as agreed upon within their development site plan for a larger site. The reason for the request is to assist receiving public or quasi-public land for other governmental bodies, such as: Fire District Facilities,University/College sites,Health Services, ... Any further questions regarding this proposal please contact Mayor Prochaska or myself. 10/07/2004 17.45 FAX 630 553 5764 DANIEL J. KRAMER a002/005 (stS) Cir United City of Yorkville ti� t7 11 I. County Seal of Kendall County 44-���11e3a800 Game Farm Road .��u. rA Yorkville,Iltlnols 60580 10; ~ O Phone:830.553-4350 -T �= Fax:63D-553-7575 lE `�v October 7, 2004 Joe Wywrot—City Engineer 800 Game Farm Rd. Yorkville, IL 60560 Re: Prairie Garden Subdivision Dear Joe: ehave reviewedthe correspondenceyou had from Tom Grant Please be advised I ponder n concerning the Prairie Gardens Subdivision Annexation Agreement. Normally when we are granting an Economic Incentive Agreement which is the official document under which these costs can be recovered,there is a separate document over and above the PUD Agreement once the costs are ascertained, and the developer enters into that agreement with the city. I have reviewed the portions of the PUD/Annexation Agreement and of course have no objection to those. However I would need you to go through the list of expenses that they have shown in there engineers opinion of cost eligible for rebate and see which ones you agree with. We then have to do the separate Economic Incentive Agreement and get releases signed by the customers on the commercial in order to verify the information from the State of Illinois as to how much sales tax is coming from each user to calculate the amount going to the party entitled to those rebates. I would suggest that you go through the engineers estimate of cost and calculate how much you feel is entitled to reimbursement. The next step would be passing the Economic Incentive Agreement. There is no reason that the length of time on the agreement can't operate from the time the agreement is passed. We do however as I indicate need the Confidentiality Agreements and Releases from the operators of the commercial entities in order to tell what portion of sales tax is going to the city is from the specific entities. 10(07/2004 17 45 FAX 630 553 5764 DANIEL J KRAMER J003/005 Please get me the calculations, we will be happy to prepare the agreement and then we will follow up. In the mean time I am sending the enclosed letter to Attorney Grant. Ve yo , ani el J Kr er Attorney at Law DJK:scn 10J07/2004 17.45 FAX 630 553 5764 DANIEL J. KRAMER a 004/005 �� `��D CO" C United City of Yorkville ' ,' County Sear of Kendall County EST. ..,layi 1836 �Z� 800 Game Farm Road N Yorkville,IIIInoIs 60560 O n.. Q Phone;630.553-4350 'p 't4 �S Fax:630.553-7575 MLLE `" October 7, 2004 Attorney Thomas Grant P.O. Box 326 Yorkville, IL 60560 Re: Prairie Garden Subdivision Dear Tom: Joe Wywrot recently forwarded to our office your inquiry about the S&K Development Entitlement to Sales Tax Rebates under the original Planned Unit Development/Annexation Agreement for Prairie Gardens Subdivision. Joe Wywrot is reviewing the engineer's estimate of costs eligible for the rebate and will confirm those numbers with us. Normally the City has us do a separate document which is the operative document under Illinois Law to grant the sales tax rebate called Economic Initiative Incentive Agreement. We need the actual costs that Joe will permit to be recovered, the agreement executed, as well as Consents and Confidentiality Agreements executed by the tenants and owners of the commercial property. We then provide the State of Illinois Illinois Department of Revenue with that Confidentiality and Consent Agreement and they itemize for us the sales tax generated from those specific users. Absent those consents we are not able to break out what sales tax comes from each particular user at the site. We then would rebate pursuant to the agreement in the PUD/Annexation Agreement the amounts required under the terms of that agreement. My recommendation to Joe and the City Council will be that once that Economic Initiative Incentive Agreement is in fact signed, and we have the consents so we can tell what sales tax is coming in,the twelve year period will run from the date of that information having been recorded rather than the date of the Annexation Agreement so your client has the benefit as negotiated in the PUD Agreement. I am awaiting confirmation of the engineer's numbers from Joe, and in the meantime we will prepare the Economic Incentive Agreement and forward it for execution together 10/07/2004 17.45 FAX 830 553 5764 DANIEL J. KRAMER Z005/005 with blank Consent and Confidentiality Agreements that will need to be executed by the commercial users from which you seek recovery. Very ly yours, ;• l Daniel J. er Attorney at Law D)K:scn 10/18/2004 11:30 FAX 16303255595 PASQUINELLI DEV GRP (1001 PASQUINELLI DEVELOPMENT GROUP, INC. 535 Plainfield Road Main: (630) 325-5575 • • , Suite E Cell: (630) 936-0794 Willowbrook, IL 60527 Fax: (630)325-5595 E-mail: twinter@pasquinelli.com Tim Winter, P.E. Project Manager October 18, 2004 Liz D'Anna United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 RE: Unit 9—Neighborhood 8 Grande Reserve Dear Liz, As suggested by Tony Graff the City Administrator we would like to go the Development Committee to discuss the staffs comment regarding the a duplex lot in a location that was shown as open space on the concept plan. Please put this item on the agenda for the next Development Committee meeting. If you have any questions or comments, please do not hesitate to give me a call, Sincerely, Tim Winter