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
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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
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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
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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
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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