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Economic Development Packet 03-17-05 .,,,, c,r o United City of Yorkville -n County Seat of Kendall County ° `, 800 Game Farm Road EST.11% _ 151611 1836 Yorkville, Illinois, 60560 Telephone: 630-553-4350 O 4, _J Fax: 630-553-7575 ''f. Rom..""'" .� Website: www.yorkville.il.us 194CE ‘‘'N. AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, March 17, 2005 7:00 p.m. City Hall Conference Room 1. Approval/Correction of Minutes: February 17, 2005 2. PC 2005-07 — 55 Riverside St. - 1 1/2 Mile Review 3. Prairie Gardens PUD Amendment (public hearing at City Council 3/22/05) 4. Inland - Route 34 & Eldamain Business Park Concept Plan 5. Additional Business Page 1 of 6 UNITED CITY F YORKVILLE OECONOMIC DEVELOPMENT COMMITTEE DRAFT YORKVILLE CITY HALL CONFERENCE ROOM THURSDAY, FEBRUARY 17, 2005 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; Mayor Art Prochaska; City Administrator Tony Graff; City Planner Mike Schoppe; Code Official Bill Dettmer; City Attorney John Wyath; and John Whitehouse from Engineering Enterprises Inc. OTHERS: Lynn Dubajic, YEDC; Pete Huinker, Smith Engineering; David Meek, Aspen Ridge; Bruce Sperling, Midwest Development; Greg Ingemunson; John Duggan; Don Haniman;Neil Goltermann; and Art Meinzer and Carol Meinzer. Presentation Lynn Dubajic from the Yorkville Economic Development Commission gave a presentation on the Kendall County EDC Tax Abatement Program. Dubajic said she wanted to inform the committee about the county's program to see if the city might be interested in joining the county program and possibly considering a similar program within the city. Through its program, the county allows for real estate tax abatements on a percentage basis. For qualified businesses, the county abates 75 percent of taxes the first year, 50 percent the second year and 25 percent the third year to start a new project or expand an existing business, she said. She said the focus of the program is to attract business that would bring jobs to the area such as manufacturing industries or warehousing type of businesses. If the city was interested in participating, Dubajic said she could ask the county for an application. The county has certain criteria a business must meet in order to qualify for the tax abatements. The development must have an assessed valuation of$500,000 or greater. Also, the company must meet wage requirements and hire at least 50 percent of workers from taxing districts granting the abatement. The county also devised a scoring sheet to detect eligibility. Given points for items such as jobs created, payroll, strategic impact and fiscal impact, a company would need to score 45 points to be eligible for the abatements. If the city was interested, Dubajic said, it could use the county's system as a model and devise it's own evaluation guide. Committee Chairman Richard Sticka it seems that the county is going to do it whether all of the taxing bodies within the county sign on or not. Dubajic said county officials intend to meeting with all of the taxing bodies within the county to ask them to sign on to the Page 2 of 6 agreement. She said the county is willing to hold a joint meeting with all of the taxing bodies to discuss the program. Dubajic added that when the county's program is up and running, it would put the county on an even footing with Will and Grundy counties which have similar programs in place. By adopting the program, it would put the county in a position to compete evenly for development, she said. Sticka said he likes this approach better than other approaches city and county governments have taken in the past to attract businesses. Offering to put in sewer lines and roads to attract businesses incurs a debt the city's taxpayers have to pay. By using this approach, there is no debt to payoff, he said. Mayor Art Prochaska said if the City Council is interested, he wanted to see if this type of program could carry over to include commercial businesses as well. The committee agreed to recommend to the Committee of the Whole that the city join the county program. Committee member Valerie Burd also suggested that he city come up with it's own criteria. 1. Minutes None 2. PC 2004-33 Silver Fox—Annexation and Zoning Attorney Greg Ingemunson, representing the petitioners, said the petitioners are requesting to annex to the city and rezone to R2. He said there are 170 units on the plan and all would be located on 12,000 square foot minimum lots. Ingemunson added there is a possible school site to the south of the property and that the Park Board recommended the developers put in a two-acre tot lot and fulfill the remaining land-cash obligation in cash. Traffic, meanwhile, is another major topic, he said. He said a regional traffic study would need to be done. In the meantime, he said it appears the project will be in a holding pattern for a while. He said they want to see if they can get preliminary plat approval. Sticka said the Plan Commission recommended annexation, but rejected the zoning request. In denying the request, Sticka said the Plan Commission wanted to be sure the city would be guaranteed what would actually go on the property was the same thing that was in the petition request. Sticka said he's feels that the request for R-2 zoning instead of a PUD agreement should provide more comfort. Meanwhile, he agreed that the main issue facing the proposed development is the traffic on Fox Road. Sticka said the road simply wouldn't be able to handle the traffic from all of the proposed developments. He'd like to see the developers, the city and the county Page 3 of 6 work together to try to devise a viable plan. He said he doesn't think the city should allow any more development until the traffic issue is adequately addressed. Mayor Prochaska said he'd like to see the city work toward an annexation agreement rather than a PUD with the developer. He'd also like to see some of the petitioners with planned developments on Fox Road help fund a traffic study. As for other issues, Mayor Prochaska said residents at the public hearing expressed concerns about water run off. He shares that concern and said runoff could be a big problem for the first few lots adjacent from the hill. John Whitehouse, a representative from Engineering Enterprises, Inc., said it might take about 90 days to come up with a study and offer possible solutions to the traffic issue. Wanting to move the proposed development forward, Ingemunson suggested wording be placed in the annexation agreement that the developers couldn't do anything unless the city gave its approval. Sticka said if the developer wants to move forward,then he will need to sit down with the city to try to work out a solution to the traffic issue. Spears asked how many options are there for Fox Road. She said it seems clear the road needs to be four lanes. However, Sticka said getting everyone quickly to Route 47 isn't the solution, either. The committee agreed to recommend to the C.O.W. that an annexation agreement be drafted. 3. PC 2005-03 Aspen Ridge Estates—Annexation and Zoning Sticka said the Plan Commission voted the same as it did for the Silver Fox proposal. He added that the concerns expressed about the Silver Fox development apply to this development as well. David Meek, attorney representing the developer, said the developer is prepared to come to the city with more than just a concept plan. The developer is requesting straight R-2 zoning with lots an average of 15,000 square feet. He realizes there are traffic concerns. However, he said the full build out wouldn't happen for a number of years. He suggested the proposed traffic study look at interim solutions instead of full-blown solutions. At this point, Mayor Prochaska said it would just be good to get the study done and to go from there. In the development plan, Meeks said the proposal is to keep the public trail system along the tree lines along Pavilion Road and connect to the Chally property. Page 4 of 6 Meanwhile, he said the park board doesn't want a park in the middle of the property, so the developer added more lots to the area. There still, however, are 1.5 acres of green space with a proposed tot lot. Spears said she liked that in the original plan, the trees in the middle were going to be preserved. However, Meeks they couldn't afford to keep the trees and the extra land. He said they were required to put up $700,000 to meet the park board's request for cash and that Mayor Prochaska said the main thing is that the developer intends to preserve the tree line along Pavilion Road. Meanwhile, Marvin DeLar said he understands traffic is an issue. However, he'd like for the proposal to move forward if possible. Sticka said it could move forward, but there will be a stopping point until the traffic issue is resolved. Burd added she still would like to see a larger park area in the center of the proposed development. She said sometimes when the park board tweaks theses plans, these communities loose quality of life. She likes to see more open space within the developments. Mayor Prochaska suggested some lots could be moved to make the planned park area more symmetrical and open up the green area. The park board and the developers may be amicable to that, he said. However, Meek said that they'd like to stick with the plan presented. He said the developers aren't interested in redrafting the plan and working with a PUD agreement. The committee agreed to recommend annexation and zoning to the C.O.W. 4. PC 2005-04 Lincoln Prairie Yorkville—Annexation and Zoning Mayor Prochaska said the petitioners originally asked for annexation and zoning which would carry all special uses. The Plan Commission said it couldn't give carte blanche special use zoning to the entire property without knowing what would go on it. The Plan Commissioners said the petitioners would have to ask for special use permits as companies or businesses approached the developers. Mayor Prochaska said he agreed with the Plan Commission's decision. He said people have a right to come in a comment on the special uses as they happen. Sticka said one person who lives near the property expressed concerns at the public hearing. She wondered about setbacks and said she didn't want construction going on day and night. City Code Official Bill Dettmer said the city has noise ordinances in place to protect residents. Page 5 of 6 Meanwhile, Sticka said he likes the fact that the petitioners are asking for industrial uses on the property rather than residential uses. It's and opportunity for the city to bring in some businesses, he said. 5. PC 2005-05 Landscape Depot—Annexation and Zoning Attorney Neil Gothermann representing the petitioners said the petitioner has 5 acres under contract near Route 126 and is requesting B-3 zoning to operate a landscaping business. The property is located near the Illinois Department of Transportation's proposed re- alignment of Route 126. How IDOT realigns the road will determine where the petitioner would put the building. Art Meinzer, the petitioner, said he already operates a landscaping business in Lombard. At the proposed Yorkville location, he would like to put in a design center where people could view the different designs and landscaping items offered. It would be more of a retail center, he said. Because the Route 126 alignment is uncertain, Gothermann said the petitioner would like to erect a temporary structure on the property and then be allowed to install a permanent structure within a set amount of time one the alignment goes through. Sticka said he believes an annexation and zoning agreement can be reached on the property. The committee agreed to go forward with the annexation and zoning with a positive recommendation to the C.O.W. 6. Bristol Kendall Fire Department request for fee consideration for permits/reviews for building their new station Sticka said he doesn't have a problem with the request. He said the city has done similar fee considerations in the past as long as the city didn't have to incur any out of pocket expenses. The committee agreed to move the matter forward to the C.O.W. with a positive recommendation. 7. Intergovernmental Agreement between Kendall County and the City for a county road fee Sticka said the county is requesting the city collect a $1,000 road fee for each new residential unit since the county legally can't collect the fees. Sticka said he understands the county needs funding for road improvements, he just not sure this is the right way to get that funding. Mayor Prochaska said he questions the legality of such a proposal. He also wants to know if other municipalities in the county have received the same request. He said he wouldn't want Yorkville to participate if all of the other towns weren't. Page 6 of 6 Sticka also said he'd want to make sure that the money collected by Yorkville would go to fix roads in this part of the county. City Attorney John Wyath said he thinks the competing goals between the city and county are insurmountable. He said the county would either have to zone the roadwork so that funding from Yorkville would go to fix roads in the area or fractionalize it. The committee directed the attorney and the mayor to try to come up with some language to make the program workable. 8. Draft Ordinance amending Title 10 of the city code—building height Bill Dettmer submitted a draft ordinance amending the allowable building height in the city to 80 feet or six stories. He said he'd like to recommend a possible amendment to protect the downtown area. Under the amendment, any building over 35 feet or three stories in the downtown area would require a special use permit. There was some discussion on the defmition of the downtown area and it was recommend that a definite geographical area be determined. Dettmer said the idea is to preserve the feeling the city has in its downtown area. The committee agreed to send the amendment forward to the C.O.W. with a positive recommendation. 9. Building Permit reports for January 2005 The permit report was reviewed and the committee agreed to bring it to the C.O.W. 10. Additional Business City Administrator Tony Graff said there's a group of residents who believe a section of the Comprehensive Plan should be changed to reflect more appropriate zoning uses. The group is willing to pay the costs for the change on the map. The meeting adjourned at 9:25 p.m. Minutes respectfully submitted by Dina Gipe . UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 63015.53-4350 PC # APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Prairie Garden Development Name: Subdivision Date of Submission: 02/09/05 1. Name of Petitioner(s): S&K Development, LLC Address: 586 Kelly Avenue; Yorkville, Illinois 60560 Phone Number: 630-553-3024 Fax Number: 630-553-2636 Relationship of Petitioner(s) to subject property: [j Owner X Developer [] Contract Purchaser 2. Name of holder of legal title, if different from #1: Windham Development Co. Inc. If legal title is held in a Land Trust, Iist the names of all holders of any beneficial interest therein: 3. a). Street address and physical location of subject property: 202 Garden Street, Yorkville, Illinois 60560 (Route 47 and Garden Street) b). Legal description of property;attach as Exhibit"A". c). Total Acreage: 2.56 acres d). Kendall County Parcel Number(s)of property: 05-05-277-001 e). Current Zoning CIassification: B-3 I). Zoning Classification Requested if changing zoning: 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B".) Page 1 of 5 I Trilled City of Yorkville AmendAniexation/PUD Application Revised 2/25/04 r r 5. Date of Annexation or PUD Agreement sought to be amended: 07-27-2000 Name of Agreement: Annexation and Planned Unit Development Between the United City Date of Recording: 12-06-2000 of Yorkville and Barry J.Niles, Developer, and Robert M. Loftus and Ildefonsa Loftus, Owners Attach a true and correct copy of agreement as Exhibit"C"of Record (Prairie Gardens Subdivision) 6. State the items to be amended from the existing annexation or PUD agreement. Lot 4 Final Plat of Subdivision 7. Contact Information: Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: Kelly Knierim, S&K Development, LLC, 586 Kelly Avenue, Yorkville, Il 60560 630-553-2636 (fax), kelly.knierim@thewindhamgroup.com Attorney: Name:Thomas W Grant Law Offices (Tom Grant) Address: 200 Hillcrest Ave, Yorkville, IL 60560 Phone Number: (630) 553-0088 Fax Number: 630-553-0299 Engineer: Name: Leonard Dreas &Assoc. (Richard Scheffrahn) Address: 888 S Edgelawn Dr# 1725,Aurora, IL 60506 Phone Number: 630-897-4105 Fax Number: 630-897-4121 Land Planner: Name: Address: Phone Number: Fax Number: 8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee(Please refer to page 4 of this application "Petitioner Route, Step 1,Fees and/or contact the Deputy Clerk for verification of this amount). c. Site Plan (if necessary): 40 sets folded to fit in a 10"x 13"envelope In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Page 2 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 e • Date. 9 0°�. � ,d s �\\gym- ' Petitioner(s) Signature; (A11 legal property owners of record signatures must appear on this application.) �'. jrAiF r ySt F } ..Y �w k ,. £s Subscribed and sworn to before me this day of 1 t fiA f(At Notary Seal CAROL TIIISAPPLICATIONMLjST BE NOTARIZED. o7i SNE"C '' 1 r ttaaxir, rsi cot aar , Page i of 5 otted Cit olYorkville ArncnJ,Anaesation/Pt.D Application Rewscd: 2/25/04 AMENDMENT TO ANNEXATION OR PLANNED UNIT DEVELOPMENT(PUD) AGREEMENT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers,etc.,to allow timely review by City. *Fees: 1. a. Annexation/PUD Amendment-$500 b. Deposit for Outside Consultants- under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Step 3: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. The Economic Development Committee consists of three(plus one alternate) City Council members. Before this amendment can move forward to Committee of the Whole, a"draft"Amendment to Annexation or PUD Agreement must be written. Step 4: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Step 5: City Council for vote on the amended agreement. Any amendment to an annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Page 4 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Signature o 'Petitioner '� ✓ Page 5 of United City of Yorkville AmendAnnexatinrt/PUD Application Revised. 2/25104 1 EXHIBIT "A" Legal Description LOT 4 OF PRAIRIE GARDEN SUBDIVISION PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS X h 20001 x0016883 Filed for Record in v r KENDALL COUNTY,Y, I LL I NU I's PAUL ANDERSON Revised July 25, 2000 i 2 -—2 )0... A 4 1, i � �n 1c-0E0 Li: � 01 01 pm. ANNEX AGREE 50.00 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) 1(7 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND BARRY J. NILES, DEVELOPER,AND ROBERT M. LOFTUS and ILDEFONSA LOFTUS, OWNERS OF RECORD (PRAIRIE GARDENS SUBDIVISION) NOW COMF,S,DEVELOPER BARRY J. NILES, and ROBERT M. LOFTUS and ILDEFONSA LOFTUS, Owners of Record of certain real property described in the attached Exhibit"A", and the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation, who hereby enter into this Annexation and Planned Unit Development Agreement to supplement and in addition to the Petition for Zoning and Annexation, Petition for Preliminary Plat approval, and drawings submitted therewith, including the approved Preliminary Plat of Subdivision and proposed Final Plats of Subdivision to be approved by the City Council of the UNITED CITY OF YORKVILLE upon the following terms and conditions and in consideration of the various agreements made between the parties they agree as follows: 1) WHEREAS, each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the subject real property described in the attached Exhibit"A" as a Development establishing a unique open space character and to provide for the orderly flow of traffic in the -1- development and to adjoining real property; as well as to provide two (2) diverse zoning classifications therein; and 2) WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNERS to provide for specific performance standards in the development of the subject property because of the unique development proposed therein; and 3) WHEREAS, each party agrees that an impact will be had on the services of the CITY by development of said real property; and 4) WHEREAS, the DEVELOPER has agreed to perform certain requirements pursuant to this Agreement as well as made by Ordinances by the CITY. 5) WHEREAS,the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality;nor is any portion thereof classified as flood plain; and 6) WHEREAS, OWNERS desire to annex the said real property described in the attached Exhibit"A"into the CITY,its Plan Commission has considered the Petition and recommended annexation, zoning as hereafter set out, and approval of a Preliminary Plat of Subdivision, and the City Council has heretofore both. requested and approved the proposed land use and the zoning of the same at the request of OWNERS/DEVELOPER and the CITY; and 7) 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 -2- 8) WHEREAS, OWNERS and their representatives have discussed the proposed annexation an 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; and continued from time to time thereafter: NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, as follows: A) The subject real property described in the attached Exhibit "A" shall be annexed to the CITY and zoned in confouniance with the zoning classification set forth in the approved Preliminary Plat of Subdivision, a copy of which is attached as Exhibit"B" and made a part hereof, and which is dated -05( , 2000; 4--fe 4 '6 7/tet' providing for R-3 General Residential District as to the legal description attached hereto and set forth herein as Exhibit"C"; and B-3 Service Business District as to the legal description set forth herein as Exhibit"D". All of the subject real property shall be developed in general conformance with the approved Preliminary Plat of Subdivision attached hereto as Exhibit "B" and incorporated herein by reference. The subdivision shall further be developed and improved according to the Preliminary Landscape Plan, a copy of which is attached hereto and incorporated herein as Exhibit "E" in the R-3 General Residential District; and in conformance with the City Landscape Ordinance within the B-3 Service Business District. If a conflict exists between the terms contained in the City -3- Subdivision Control Ordinance and the City Landscape Ordinance, the City Landscape Ordinance shall control. B) That R-3 General Residential District areas of the development shall be governed by the following perfoimance standards which shall when in conflict with the City Subdivision Control Ordinance shall take precedence: 1) Lot sizes shall be deteuiiined by the R-3 General Residential District zoning requirements in the United City of Yorkville Subdivision Control Ordinance guidelines and set out and calculated on the approved Preliminary Plat as set out in the attached Exhibit"B". 2) Front andside yard setbacks shall be in conformance with the standards set forth in the United City of Yorkville Zoning and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement by the CITY. 3) Rear yard setbacks shall be in confoulliance with the standards set forth in the United City of Yorkville Zoning and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement by the CITY unless otherwise modified by this Agreement or the approved Preliminary Plat. 4) DEVELOPER shall with respect to the following described lots be permitted the specific setbacks described as follows: a) Side yard setbacks for side yards fronting on a street will be 20 feet (20'). -4- b) All other side yard setbacks shall be as per the United City of Yorkville Subdivision Control Ordinance in effect at the date the CITY accepts this Agreement. 5) That the DEVELOPER shall pay cash contributions to the Yorkville Community School District#115 in lieu of land contributions for schools in conformance with the United City of Yorkville Land-Cash Ordinance in effect at the date of Final Plat approval as to each respective phase or unit of the R-3 General Residential District portions of the development. Attached hereto and incorporated herein as Exhibit"F" is a letter from the Yorkville School District#115 asking to receive cash in lieu of land contribution. For all residential phases of said subdivision,payment of these contributions shall be made per individual residential dwelling unit concurrent with and prior to the issuance of the subject building permit for each respective dwelling unit. 6) That the DEVELOPER shall satisfy the CITY Land-Cash Ordinance based upon cash contribution that is due after the credit is given for the perimeter trail system established in paragraph 7(a) of this Agreement in conformance with the United City of Yorkville Land-Cash Ordinance in effect at the date of Final Plat approval. The DEVELOPER shall provide 2.245 (estimated) acres of permanent open space as per the approved Preliminary Plat. -5- 7) a) The DEVELOPER shall install an 8 foot (8')wide continuous asphalt paved trail system, substantially as indicated on the approved Preliminary Landscape Plan(Exhibit"E"). In the event the DEVELOPER or his successors,heirs, or assigns requests the CITY to accept a dedication of the trail system at any time in the future,the CITY shall not be under a duty to do so unless the trail system conforms to the then applicable CITY standards. DEVELOPER shall be given a credit for the trail system and green areas accessible to the public as provided for in this Agreement in the amount of Twenty-Three Thousand Five Hundred Dollars and 00/100 ($23,500.00); ownership of said perimeter trail system shall remain with the Homeowners' Association. DEVELOPER shall be given a credit off of the Land-Cash Contribution for park purposes for said dedication as calculated under the CITY Ordinances now in effect. b) The DEVELOPER shall grant to the CITY a permanent public pedestrian access easement to all green areas and trail system. c) The DEVELOPER/Homeowners' Association shall maintain the trail system. d) Liability insurance coverage for the trail system shall be maintained by the Homeowners' Association. -6- e) School Land-Cash donation shall be paid concurrent with and prior to the issuance of each of the residential building permits issued for this development. f) In order to provide for the maintenance of the open space and trail areas, OWNERS/DEVELOPER agree to execute a consent to the creation of a Special Tax Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved Ordinances encumbering all residential units of said subdivision, in the event the Prairie Gardens Homeowners' Association fails to carry out its maintenance responsibilities, as to trails, common subdivision signage or other common areas of the subdivision. g) That the development of said property shall be subject to approval of all Ordinances of the CITY; Preliminary Plat of Subdivision, engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Final Plat approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance,United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, United City of Yorkville Land-Cash Ordinance, and the United City of Yorkville Development Fee Ordinance, which have been voluntarily contracted to between the parties and agreed to by -7- DEVELOPER as a condition of approval of the Planned Unit Development Agreement. DEVELOPER, except to the extent . varied by this Agreement,the Preliminary Plat and Final Plat of each unit of the subdivision, shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time the Final Plat of Subdivision is approved by the CITY as to each unit of said subdivision. Development fees which are charges on a per residential unit basis by the CITY shall be payable for model homes in the R-3 Active Adult Area at the time of issuance of occupancy permits by the CITY for each respective model unit. Further the water and sewer recapture fees due on the model units shall likewise be payable at the time of issuance of the occupancy permits for each respective model unit. h) No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance,United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, and United City of Yorkville 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 -8- Ordinances in effect at the time of execution of this Agreement. Developers, however, will be bound by changes in BOCA 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. In the event any modifications or amendments occur in the United City of Yorkville Subdivision Control Ordinance or other Ordinances of the CITY affecting the subdivision that benefit OWNERS/DEVELOPER, said modifications shall be effective as to the subdivision in the event OWNERS/DEVELOPER desire to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. i) In addition the DEVELOPER will install privacy fencing along the southerly boundary North of Dan Drive, in the R-3 General Residential District to be permanently maintained by the Homeowners' Association within the R-3 General Residential District. j) In the area of the subject property described in the attached Exhibit "C", it shall be subject to the following standards, in addition to the Ordinances of the CITY: -9- i) Occupancy of the individual dwelling units shall be restricted at the direction of and as contained in the . Homeowners' Association documents and covenants of OWNERS and DEVELOPER to at least one principal resident who is 55 years of age or greater. OWNERS and DEVELOPER agree to submit for approval to the City Council a draft of its proposed Covenants, Conditions, and Restrictions of record affecting the subject property prior to the City Council vote approving any Final Plat of the residential portion of the subdivision for the subject development. Said Covenants shall include a recitation and enforcement provision as to age restrictive adult housing as provided in this article of this Agreement, as well as providing for the standards and enforcement procedure as to the development and use of the property which shall be non-modifiable for a period of twenty-five (25)years from the approval of this Agreement by the City Council. C) That the portion of the development zoned B-3 Service Business District shall be governed by the following performance standards which shall when in conflict with the United City of Yorkville Subdivision Control Ordinance shall take precedence: -10- I) The required minimum front yard shall be 30 feet (30'). 2) Setbacks for parking and internal roadways shall be shown on the approved Preliminary Plat attached hereto as Exhibit"B". D) OWNERS/DEVELOPER and CITY agree that easements are necessary for off- site improvements to serve said property with utility and municipal services. The CITY hereby agrees to use its best efforts to assist the DEVELOPER in the acquisition of easements or permission to use easements from Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of DEVELOPER.. E) That on-site infrastructure construction and engineering shall be governed by the standards contained in the United City of Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control: 1) Roadway right-of-ways,widths or streets, and roadway construction standards shall comply with the requirements as set out on the approved Preliminary Plat and each phase of the Final Plats of Subdivision. DEVELOPER shall with respect to the following be permitted the specific variance described as follows: a) The circle roadway within the R-3 General Residential District as referenced to as Garden Circle and shown on the Preliminary Plat, Exhibit "B" as such, shall be from back of curb to back of curb thirty (30') feet in width. -11- F) In the event the CITY requires 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 DEVELOPER before DEVELOPER is required to preform any oversizing; the exact amounts of said reimbursement shall be fixed after completion of the work when final costs are available. G) 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. H) The CITY shall rebate to DEVELOPER an amount equal to 50% of the Illinois Department of Revenue's Retailer's Occupation Tax received by the CITY from the businesses operated on the on-site B-3 business zoned property on a quarterly basis as received by the CITY,with interest to accrue thereon at the rate of 7% for the earlier of the period or as set out below until all eligible funds are recovered from the date of the first business opening thereon,in an amount equal to all costs attributed to the following: Eligible funds shall be defined as 88%of the cost of intersection improvements, if required, for turn lanes, deceleration lanes, or traffic signals by the Illinois Department of Transportation, excluding rebate for 12% which represents a benefit to the residential portion of the OWNERS/DEVELOPER's subdivision including the cost of Dan Drive -12- •and the portions of Big Ben Boulevard located within the B-3 zoned area of the subdivision. The DEVELOPER shall be reimbursed for the %of the cost of those improvements of the development set out above payable out of 50% of the retailer's occupation tax received from the Illinois Department of Revenue by the CITY from the B-3 zoned area for the subject property for a period of not in excess of twelve (12) years from the execution of this Agreement, or until payment is received by Developer, whichever occurs first. I) Population Equivalent (p.e.) within the R-3 General Residential District shall be based upon a rate of 2.0 residents per dwelling unit. This rate is consistent with the ESTIMATED POPULATION PER DWELLING UNIT charts used by the CITY to determine estimated p.e. for Attached Single Family (Townhomes and Duplexes). J) That off-site improvements for the provision of water, sanitary sewer and other utility and infrastructure services shall be provided by DEVELOPER according to the United City of Yorkville Subdivision Control Ordinance. After the installation of improvements by DEVELOPER, the CITY shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. K) No warranty or representation as to plant capacity of the Yorkville-Bristol Sanitary District has or can be made by the CITY. -13- L) The annexation and development being approved, as part of this Agreement shall be constructed in substantial conformance with the Preliminary Plat 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. M) This Agreement shall inure to the benefit of and be binding upon the successors, heirs, and assigns of each party hereto. N) If any portion of this Agreement were deteuiiined to be invalid by a court of competent jurisdiction the remaining portions thereof shall be in full force and effect between DEVELOPER/OWNERS and the CITY. 0) This Agreement shall be binding upon each party hereto and in terms of perfoiuiance for a period of twenty(20) years. In the event construction is commenced within said twenty(20) year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement by the CITY and DEVELOPER/OWNERS. P) The subject real property sought to be annexed by OWNERS listed in this Agreement is intended to be developed by Barry J.Niles as DEVELOPER, or future DEVELOPERS receiving an assignment of the rights thereto. The CITY will only execute this Agreement upon DEVELOPER securing the signature of OWNERS as to this Agreement,which shall act as a consent by the OWNERS to have their respective parcel of real property being bound by all of the conditions and agreements contained herein. -14- 1) The parties hereto acknowledge and agree that the original owner of record is not the intended developer of the subject real property, and in the event Barry 3. Niles does not purchase the subject property the OWNERS are not under an affilivative duty to develop the property. However, the terms and conditions of this Planned Unit Development/Annexation Agreement will continue to bind the subject real property of OWNERS and be effective as to successor owners or developers thereof. 2) In the event the subject real property is annexed, zoned and this Agreement is approved,but the subject real property is not developed, for any calendar year in which development does not take place, the CITY shall rebate its portion of the real estate tax bill to the respective owner of record of the respective parcel of real property. Q) 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. 800 Game Farm Road Yorkville, IL 60560 With a copy to: United City of Yorkville's Attorney Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 If to the DEVELOPER: Barry J. Niles 708 Teri Ln. Yorkville, IL 60560 -15- If to the OWNERS: Robert M. Loftus and Ildefonsa Loftus 6359 Route 47 Yorkville, IL 60560 Of to such other addresses as any party may from time to time designate in a written notice to the other parties. R) This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. S) In the event any portion of this Agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. T) The CITY agrees to adopt any Ordinances,which are required to give legal effect to the matters contained in this Agreement including but not limited to an Annexation Ordinance and an Ordinance authorizing the Mayor and City Clerk to execute approving Planned Unit Development/Annexation Agreement after due public hearing thereon, or to correct any technical defects which may arise after the execution of this Agreement. -16- IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this 711.' day of , 2000. UNITED CITY OF YORKVILLE, Kendall County, Illinois // By: MAYOR Attest: 0_,Lryt,4A CITY CLERK OWNERS: (41, _/ rk 1 - 74 ROBERT M. LOFTUS ILDEF6NSA LOFTUS DEVELOPER: BARR/ LES Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -17- EXHIBIT LIST Exhibit"A" - Legal Description Exhibit"B" - Preliminary Plan dated 2/28/00 and revised 3/27/00,prepared by Leonard Dreas &Associates Exhibit"C" - Legal Description for area zoned R-3 General Residence District Exhibit"D" - Legal Description for area zoned B-3 Service Business District Exhibit"E" - (a) Preliminary Landscape Plan, (b)Mike Schoppe memo Exhibit"F" - School District letter -18- LEGAL DESCRIPTION Property to be Annexed THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89°40'05" WEST, ALONG THE NORTH LINE OF SA11)NORTHEAST QUARTER 655.52 FEET TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01°44'07" EAST,ALONG SAID EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTERLINE, 1075.45 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 01°44'07" EAST, ALONG SAID CENTERLINE, 847.45 FEET; THENCE SOUTH 88°52'07" WEST, 1645.43 FEET TO AN OLD CLAIM LINE; THENCE NORTH 11°59'56" EAST, ALONG SAID CLAIM LINE, 870.14 FEET TO A LINE DRAWN SOUTH 88°52'07" WEST FROM THE POINT OF BEGINNING; THENCE NORTH 88°52'07" EAST, 1438.83 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THE NORTHERLY 270.38 FEET OF THE EASTERLY 805.59 FEET, AS MEASURED ALONG THE EAST AND NORTH LINES, AND EXCEPT THE EASTERLY 60.0 FEET, HAVING BEEN CONVEYED TO THE STATE OF ILLINOIS) IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. CONTAINING 24.20 ACRES Exhibit"C" LEGAL DESCRIPTION R-3 Zoned Area THAT PART OF THE NORTHEAST QUARTER OF SECTION 5,TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89°40'05" WEST 655.52 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01°44'07" EAST, ALONG SAID EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTERLINE, 1922.90 FEET; THENCE SOUTH 88°52'07" WEST, 805.80 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 88°52'07" WEST 839.52 FEET TO AN OLD CLAIM LINE;THENCE NORTH 11°59'56" EAST ALONG OLD CLAIM LINE 870.14 FEET; THENCE NORTH 88°52'07" EAST, 633.15 FEET; THENCE SOUTH 01°4312" EAST, 841.40 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL TOWNSHIP,KENDALL COUNTY,ILLINOIS CONTAINS 14.32 ACRES Exhibit"D" LEGAL DESCRIPTION B-3 Zoned Area THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89°40'05" WEST 655.52 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01°44'07" EAST, ALONG SAID EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTERLINE, 1922.90 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 88°52'07" WEST 805.50 FEET; THENCE NORTH 01°43'12" WEST 577.02 FEET; THENCE NORTH 88'52'07" EAST 805.71 FEET TO SAID TANGENT CENTERLINE OF ROUTE 47; THENCE SOUTH 01°44'07" EAST 577.19 FEET (ALONG SAID TANGENT CENTER LINE OF ROUTE 47) TO THE POINT OF BEGINNING, ALL IN KENDALL TOWNSHIP, KENDALL COUNTY,ILLINOIS CONTAINS 9.88 ACRES Exhibit"E(a)" PRELIMINARY LANDSCAPE PLAN The Preliminary Landscape Plan is too large to attach and record. The United City of Yorkville has a copy of said Preliminary Landscape Plan on file. Schoppe Des's' n Assoc urtes Landscape Architecture and Land Planning • 202 Lombardy Lane (630)5549775 Oswego, IL 60543 Fax(630)554-4667 June 23,2000(revised July 26,2000) To: Jim Nanninga, City Administrator From: Mike Schoppe, Schoppe Design Associates RE: Prairie Garden Landscape Plan Review We have reviewed the most recent landscape plan that has been sent to our office prepared by Figgins Trees&Turf,Inc., for Prairie Gardens. These plans have been revised to address the comments outlined in our May 10, 2000 memorandum. However,several items identified in that memo still need to be addressed. These are: 1. As stated previously,one tree for every 50'of frontage is required along Route 47. With 577.18'of frontage, 11 trees are required. Add one additional shade tree. 2. The driveways for the residential units have been shown as requested. However,the utilities(streetlights, fire hydrants, and manholes)need to be shown so that any potential conflicts with trees can be identified. 3. The appropriate numbers of street trees have been added in the commercial and residential area. 4. The landscape plan indicates that the existing vegetation along the west and south property line is not on the Prairie Garden property,but rather is located on the adjacent property. It appears from our site inspection that a significant number of the trees are on Prairie Garden property. We suggest that the location of the trees be clarified. If the trees are not on Prairie Garden property,then bufferyard plantings are required along the west property line at the rate of 3 shade trees,3 evergreen trees and 2 ornamental trees per 100 feet of property. With 870.17' of west property line,the required plantings to be added to the plan are 26 shade trees,26 evergreen trees,and 17 ornamental trees. • If the trees are on Prairie Garden property,please show the size,type and quantity of existing vegetation so that it can be determined if additional plantings are required. We suggest that any grading or construction be kept a minimum of 15' away from the trees that are to remain. 5. We did not receive a revised typical unit landscape plan. A revised typical unit landscape should be prepared that shows 2 shade trees and 15 shrubs for every four units. 6. Add the latest revision date onto the landscape plan. 7. The plan appears to be drawn at a slightly larger scale than 1"= 50' as indicated. The plan should be drawn to reflect the 1"=50' scale. 8. The shade trees will be a minimum of 2 'h" caliper when planted. Jim,these plans should be revised and resubmitted. I will be out of town next week,however, if a revised copy can be to our office by July 3rd,we will be able to review prior to the July 6`t` council meeting. cc: Dan Kramer �/ J '`E" (b., _ YORKVILLE COMMUNITY UNIT DISTRICT 115 602 Center Parkway,Suite A, P. 0. Box 579 Yorkville, IL 60560-0579 Telephone (630) 553-4382 Fax (630)553-4398 YORKVILLE HIGH SCHOOL 797 Game Farm Road Yorkville,Illinois 60560 Telephone(630)553-4380 YORKVILLE MIDDLE SCHOOL 702 Came Farm Road Yorkville,Illinois 60560 Telephone(630)553-4385 CIRCLE CENTER INTERMEDIATE SCHOOL Mill Street November 16, 2000 Yorkville,Illinois 60560 Telephone(630)553-4388 YORKVILLE GRADE SCHOOL 201 West Somonauk Street Yorkville,Illinois 60560 Telephone(630)553-4390 Mr. Daniel J. Kramer BRISTOL GRADE SCHOOL Attorney - City of Yorkville 23 Hunt Street 111 W. Fox, Suite 3 P.O.Box 177 Bristol,Illinois 60512 Yorkville, IL 60560 Telephone(630)553-4383 RE : Subdivision Plat for Barry J. Niles and Robert M. Loftus on Route 47, Yorkville, Kendall County, Illinois Yorkville Community Unit District #115 requests the contributions for this annexation be in the form of cash contributions . Si_nc-ereT'1, r ;"-12 -IX(42 /.-____ .., .. ,a,...,,,, • A (---- Dr. Thomas D. Engler . Superintendent TDEj mi j OVR CHtlp,?6 lb 4 115 // W�r \ 4.r/\ kg i ..,,,,,, , ti c. woRo. LKIii b,.1 1�-''+ 1 i Lo14Ili \ 1))11/ 2.3 ee , i :::',, )\.\\,,,,,,,,,,,i'\c\k,\ ''',,',, Ilp / p11�)11 ' \ \ K. ""-----' ---- NLN't i 0,','Isic . , , ,, , ,_!_ , , I )ill `, , . I ,: j'l Iiii„ : ; _Nile oil „ .,„,,, ...,k Lot t TRR ( ) L t ^`l , mm04 :- , / Iii / ----obi) ` � 1,�. / ase■o 7,-� IIIIINW4SW , ri �,___ • 611 r IJi !� I A , , .4 .... Ar t ,ia 1,.,ISZI1 y„po,,_ I :_ _ jam'-_ �r�, 50 Acre Parcel _ f I Concept Plan A ( . d' �• Plano / Yorkville Cord KM ARCHITECTS + PLANNERS, INC. 6 SOUL-1 VAIL AVENUE ARLINGTON FEIGNS,ILLINOIS 60005 02004 STATE OF ILLINOIS ) January 18, 1999 )SS COUNTY OF KENDALL ) 9910715 07/19/1999 03:30P 1 of 5 Paul Anderson, Kendall County, IL Recorder PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT ARTHUR SHERIDAN AND ASSOCIATES, LTD., (DEVELOPER) and JAMES SPITZ, (OWNER) This Planned Unit Ivelopment and Annexation Agreement(hereinafter "Agreement"), is made and entered into thisay or.a , 199q, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereafter referred to as "CITY" and JAMES SPITZ, hereinafter referred to as "OWNER" and ARTHUR SHERIDAN AND ASSOCIATES, LTD, or its Nominee, hereinafter referred to as "DEVELOPER", WITNES SETH WHEREAS, OWNER/DEVELOPER owns fee simple interest to the real property which is legally described in Exhibit"A" attached hereto, consisting of approximately acres, more or less (hereinafter"PROPERTY"); and WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the subject real PROPERTY when there is De-Annexation from the City of Plano for the same; and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time; and it being agreed between the UNITED CITY OF YORKVILLE and the City of Plano pursuant to a boundary line agreement being negotiated between the parties that the subject parcel of real property should be developed in the UNITED CITY OF YORKVILLE; and WHEREAS, the De-Annexation from the City of Plano and the Annexation to the UNITED CITY OF YORKVILLE is not subject to the boundary agreement and will not be controlled by the boundary agreement, timing, execution process, or the agreement itself. WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the tennis and conditions of this Agreement and the Ordinances of the CITY; and 1 WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, the PROPERTY is situated in the incorporated area of the City of Plano, and a Petition for De-Annexation from the City of Plano has been filed by OWNER/DEVELOPER; and is contiguous to the incorporated territory of the CITY; and WHEREAS, it is the intent of OWNER/DEVELOPER to design a stoiniwater management system for the subject PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation 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 Annexation to the CITY the subject PROPERTY shall be placed in a B-3 Planned Unit Development (Service Business District) which shall include Special Use for Hotel and Motor Fueling Plaza, as set forth in the Annexation Plat attached hereto and incorporated herein by reference as Exhibit "B"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5, inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. 2 NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1. ANNEXATION. OWNER/DEVELOPER has filed with the Clerk of the CITY a duly executed petition pursuant to, and in accordance with the provisions of 65 ILC S 5/7-1-1 et seq. to annex the PROPERTY and any adjacent roadways not previously Annexed to the City of Plano, shall be Annexed to the UNITED CITY OF YORKVILLE. The parties to this Agreement acknowledge that the UNITED CITY OF YORKVILLE shall control access permitting for all driveway cuts or road cuts from the subject property onto the East side of Eldamain Road; and said control shall be provided for in the City of Plano De-Annexation Ordinance from the City of Plano and within the UNITED CITY OF YORKVILLE Annexation Ordinance. It is expressly understood that this Agreement,in its entirety,together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect until OWNER/DEVELOPER has completed an actual De-Annexation of the subject real PROPERTY from the City of Plano. 2. ZONING. A. Contemporaneously with the Annexation of the subject PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel B-3 Planned Unit Development (Service Business District) with Special Use for Hotel and Motor Fueling Plaza. B. Contemporaneously with the Annexation of the PROPERTY,the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, for a period of five(5)years from the date of execution of this Agreement. After the expiration of said five (5) year time frame, if there have been changes in Subdivision Control Ordinances, Fee Ordinances, or,building codes, the same shall be applied to the subject property as duly passed by the UNITED CITY OF YORKVILLE. D. The parties to this Agreement acknowledge that in the development of the subject real property they shall apply for a liquor license for a sit-down restaurant and a package liquor license for a convenience store; which shall not be unreasonably withheld if the Applicants comply with all UNITED 3 CITY OF YORKVILLE Ordinances and State Law requirements. 3. ANNEXATION TO YORKVILLE-BRISTOL SANITARY DISTRICT OWNER/DEVELOPER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville-Bristol Sanitary District and the CITY shall provide a letter to Yorkville-Bristol Sanitary District indicating the CITY's desire to annex and have Yorkville-Bristol Sanitary District service the property. The subject real property has been identified by the CITY as being located within the Facility Plan Area of the Yorkville-Bristol Sanitary District as set out in the attached Exhibit "C", which is attached hereto and incorporated herein by reference. Petitioner shall be responsible for any Annexation Fees and hook-up charges to the Yorkville-Bristol Sanitary District. Attached hereto as Exhibit "D" is a letter from the Yorkville-Bristol Sanitary District dated , confirming it has the available capacity and agrees to serve the subject PROPERTY with sanitary sewer service. 4. FEES. A. The CITY agrees to waive the Annexation Filing Fees. B. OWNER/DEVELOPER shall pay the cost of extending Sanitary Sewer and Water Main extensions to the subject site and all other off-site public improvements, from a point on the South side of Route 34 and West of Rob Roy Creek as agreed upon by the parties hereto, which shall be reimbursed by the CITY to the OWNER/DEVELOPER, as directed in writing by the OWNER/DEVELOPER, out of all gross sales tax receipts and/or the City portion of the real estate taxes generated by the subject parcel to the UNITED CITY OF YORKVILLE, if the CITY so elects, which are received by the CITY from business activity on the subject property or from the real estate taxes generated from said property as to Phase I of the Development, for a period not to exceed 10 years from the date of the commencement of business by the first entity operated on the subject site, until the amounts expended by OWNER/DEVELOPER are paid in full; whichever occurs first. In the event further Phases of said subdivision require similar public improvements that are not solely beneficial to the subject real property, the parties agree that OWNER/DEVELOPER shall be entitled to recapture the cost of said improvements in the same fashion as set out for Phase I improvements. C. Municipal Improvements: The parties agree that in the event municipal water and/or sanitary sewer lines are not available to connect onto within 250 feet of the subject real property, OWNER/DEVELOPER may elect to service the subject real property with well and septic systems which shall be subject to the permitting and inspection process of the Kendall County Health Department. 4 1. OWNER/DEVELOPER may elect to extend municipal water mains and/or sanitary sewer mains even if not as close as set out in the first paragraph of Section C of this Article, and if OWNER/DEVELOPER elects to do so, OWNER/DEVELOPER, or the party extending said utilities shall be permitted to recover the cost thereof by rebate against 100% of the CITY portion of sales tax generated from the subject parcel for an unlimited number of years from the first occupancy permit being issued for the first business opening in said development and approval of the certification of said funds by the City Administrator. The costs that OWNER shall be entitled to recover if doing his own portion of such improvements are specifically enumerated in the attached Exhibit "E" which is incorporated herein by reference. The specifically enumerated items for which OWNER/DEVELOPER shall be entitled to recover 100% of the actual final cost if this option is elected will be all items contained in Exhibit "E", excluding number 2 and 3 from said Exhibit, for period of 10 years from the first occupancy permit being issued for the first business in said development and approval of the certification of said funds by the City Administrator. 2. In the event Foxhill development or any developer therein has extended its water and sanitary sewer mains West of the creek during the period of time OWNER/DEVELOPER has begun operation with a well and septic OWNER/DEVELOPER shall commence work to extend the water and sanitary sewer mains to the subject development within one year of the date said improvements are extended West of the creek. 3. OWNER/DEVELOPER agrees that no hotel shall be occupied for business on the subject parcel until such time as it is connected to the City water and sanitary sewer system. 5. DONATIONS AND CONTRIBUTIONS. A. OWNER/DEVELOPER shall establish an Owner's and/or Tenant's Association for common areas, detention, and signage maintenance in the commercial area as designated in Exhibit "A"; at the time OWNER/DEVELOPER seeks approval of a Preliminary Plat of Subdivision for the subject PROPERTY. B. OWNER/DEVELOPER shall further consent to the creation of a back-up Special Tax Service Area for maintenance of common areas, detention, and 5 signage, by the UNITED CITY OF YORKVILLE. Those documents shall be prepared and tendered to OWNER/DEVELOPER prior to the time of approval of this Annexation Agreement for execution as to said consent. 6. SIGNAGE: The CITY agrees to allow the following signage to be used in the development in conformance with City Ordinances: A. One identification sign adjacent to Route 34, not exceeding 300 square feet. B. Individual building signs shall be permitted for the businesses located within the subject development in conformance with the UNITED CITY OF YORKVILLE's City Sign Ordinance. C. The OWNER/DEVELOPER shall be permitted to have directional signs directing traffic within said development in conformance with the UNITED CITY OF YORKVILLE's Sign Ordinance, or if the Sign Ordinance is silent on that point at the DEVELOPER's discretion. 7. OVERSIZING. In the event OWNER/DEVELOPER is required on-site to oversize any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER/DEVELOPER within 30 days of connection by the OWNER/DEVELOPER of any other parcel of real property connecting to said improvements, for OWNER/DEVELOPER's costs in oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event the OWNER/DEVELOPER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER other than the DEVELOPER and including the service area effected. In the event any said oversizing is required, the CITY and OWNER/DEVELOPER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. OWNER/DEVELOPER agrees to hold the UNITED CITY OF YORKVILLE harmless and indemnify the CITY from any liability as a result of any Recapture imposed. 6 8. RECAPTURE. The subject real property may be obligated to pay Recapture Costs owed as a result of hooking onto previously extended sanitary sewer and water mains of Fox Hill Development. Any said Recapture shall be allocated as per previous Agreements entered into between the CITY and Fox Hill Development. The requirement of payment of any Recaptures by OWNER/DEVELOPER shall be tendered by the CITY to them prior to execution and approval of this Agreement by the City Council. 9. LETTER OF CREDIT. The parties agree that in the event municipal improvements are being installed by the original OWNER or DEVELOPER no letter of credit or other security shall be required unless some portion or all of the real property not yet developed is conveyed to a third party. If a significant default in performance occurs by OWNER/DEVELOPER, the UNITED CITY OF YORKVILLE may refuse to issue Occupancy Permits until compliance has been made by OWNER/DEVELOPER. Upon the sale or transfer of any portion of the subject PROPERTY, the OWNER/DEVELOPER herein shall be released from the obligations secured by its letter of credit for public improvements upon the submittal and acceptance by the CITY of a substitute letter of credit or other surety approved by the CITY, securing the costs of the improvements set forth therein. 10. PLANNED UNIT DEVELOPMENT ZONING AND CONDITIONS The parties agree upon approval of this Agreement, the subject real property shall be zoned by Ordinance as B-3 Planned Unit Development (Service Business District). The subject property shall be developed and improved as Planned Unit Development under the following criteria: A. Site plans required to be submitted for landscape, site access onto Eldamain Road, and building location on the subject site prior to commencement of construction thereon. It is the intent of the parties that DEVELOPER of the subject parcel shall provide reasonable landscape screening on the area adjacent to Eldamain Road providing green area, low level shrubbery, and a low level undulating berm not exceeding the .20 opacity contiguous with Eldamain Road. The standards for the development of landscaping criteria on the subject property shall be in conformance with the attached Exhibit "F". B. DEVELOPER shall be permitted to have a hotel on-site which may have a roof not less than 37 feet,or the maximum height agreed to in writing by the Yorkville-Bristol Fire Protection District and approved by the City Engineer. 7 C. DEVELOPER shall comply with the UNITED CITY OF YORKVILLE Subdivision Control Ordinance. D. OWNER/DEVELOPER shall be permitted to operate any permitted use under the UNITED CITY OF YORKVILLE Ordinance in all "B"- Business Classification District, "0" - Office District, and "M-1" - Limited Manufacturing District which are set out in the attached Exhibit "G"that is used in relation to retail sales on subject site. 11. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort 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. 12. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 13. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the subject parcel and/or future OWNER of the subject parcel of real property. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction,by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perfoliu, state the obligation allegedly not performed and the performance demanded. 8 Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 111 W. Fox St., Ste. 3 Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney: Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 OWNER/DEVELOPER: Arthur Sheridan and Associates, Ltd., or its Nominee 100 Tower Dr. Burr Ridge, IL 60521 14. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 15. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement(except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 16. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. 9 17. The CITY shall put forth its best effort as a joint applicant with the DEVELOPER regarding issues effecting surrounding roadway; whether they be Federal, State, County, Township, or City to gain approval for access (ingress and egress),widening, improvements, signalization, etc. as may be required. IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNI - • CITY OF YORKVILLE By: MAYOP Attest: O t.e.t1 (11/1,m'49L') CITY CLERK OWNER: JAMES SPITZ A ( DEVELOPER: ARTHUR SHERIDAN AND ASSOCIATES, LTD. ;/(2 , By6 Attest: PREPARED BY AND RETURN TO: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 10 Exhibit"A" LEGAL DESCRIPTION That part of the West Half of Section 19, Township 37 North, Range 7 East of the Third Principal Meridian being described by commencing at the point of intersection of the North right of way line of U.S. Route #34 and the West line of said Section 19; thence South 84 degrees 36 minutes 32 seconds East along said North right of way line, 148.00 feet for the point of beginning; thence continuing South 84 degrees 36 minutes 32 seconds East along said North line, 360.32 feet; thence North 03 degrees 02 minutes 53 seconds East 317.64 feet; thence South 87 degrees 21 minutes 53 seconds East 404.14 feet to the old fence line representing an old Deed line; thence North 02 degrees 38 minutes 07 seconds East along said old fence line, 2240.63 feet; thence North 84 degrees 40 minutes 09 seconds West, 1026.28 feet more or less to the West line of said Section 19; thence South 00 degrees 10 minutes 27 seconds West along said West line, 1984.48 feet to a point being located 600.00 feet Northerly of said North right of way line of US Route #34; thence South 84 degrees 36 minutes 32 seconds East parallel with said North right of way line, 148.00 feet; thence South 00 degrees 10 minutes 28 seconds West parallel with said West line of Section 19, 600.00 feet to the point of beginning in the Township of Bristol, Kendall County, Illinois. Exhibit "B" 10-7D-1 10-7D-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE D. B-3 SERVICE BUSINESS DISTRICT SECTION: 10-7D-1: Permitted Uses 10-7D-2: Special Uses 10-7D-3: Lot Area 10-7D-4: Yard Areas 10-7D-5: Lot Coverage 10-7D-6: Maximum Building Height 10-7D-7: Off-Street Parking and Loading 10-7D-1: PERMITTED USES: All uses permitted in the B-2 District. Agricultural implement sales and service. Appliance - service only. Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Electrical equipment sales. City of Yorkville 10-7D-1 10-7D-1 Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Mini warehouse storage. Miniature golf. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Skating rink. Sports arena. Stadium. Taxicab garage. Tennis court - indoor. Trailer rental. Truck rental. Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-74; amd. Ord. 1986-1, 1-9-86; Ord. 1988-7, 4-14-88) City of Yorkville 10-7D-2 10-7D-4 10-7D-2: SPECIAL USES: All special uses permitted in the B-2 District. Amusement park. Boat launching ramp. Boat rental and storage. (Ord. 1973-56A, 3-28-74) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-86) 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-74) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-3 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-86; 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-74) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30') shall be City of Yorkville 10-7D-4 10-7D-7 required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1 , 2-12-87) 10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-74) 10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville 1 / 4 , fir' 44,,, is D� Qto vL ! i, L „Er , ,,:, ,---wi , _______:\ , ,,, _./9 .1,--/i.olif. '• „ mit IVII7'1'i, ,._17 .. ,_. 111 6 ..,... >, d app a VITVItjaI A \ f'-'„F"'' . pre ■ � A B � la-_ i 1 611 I I II i 1 / 11D11 T gl4X3 T._ __ - iT Exhibit "D" Letter from the Yorkville-Bristol Sanitary District accepting the Sheridan property being Annexed into their District as part of the Facility Plan Area. ' I I 1 --,--,---1-7-- ---7--7-7";;',77,7„- /1 j / // / / / / / / / 1 r/// ' ' /' ' / / / /, 1 , ! /' ' / // ' /// ' ' /'I , 1 ///,/,////,/,"--/-/' / I // ' /// �/// ,/'%'/' �/ 1 19/:/,:////,/:///,/ /1-'/I //'/j //' ♦'/' /' /' i I I --2-',/, ' i'. / / 1 1 I I 1 I , 1 //,-/„//,-////,-////,-:1 I 130 LF 12" Wate mai ' ' / '/' , / I 1 11.i LU 3 • X Preliminary Cost Estimate U.1 Sheridan Property Watermain Ext€ (Fox Hill Unit 1 to Site) In Fox Hill A (Unit 1 to Eldamain Road) (End of Fox Item Unit Price Quantity Cost Qua' 16" DIP Watermain $70.00 1400 LF $98,000.00 900 2 12" DIP Watermain $50.00 0 LF $0.00 0 3 16" Valve in Vault $2,000.00 3 EA $6,000.00 2 4 12" Valve in Vault $1,700.00 0 EA $0.00 0 5 Poly. Encasement $1 .00 1400 LF $1,400.00 900 6 Fittings $1 .50 2000 LB $3,000.00 1800 7 Fire Hydrants $1,500.00 4 EA $6,000.00 4 8 Trench Backfill $20.00 300 CY $6,000.00 300 9 Creek Crossing $30,000.00 1 EA $30,000.00 0 10 Highway Crossing $50,000.00 0 EA $0.00 0 11 Landscape Restoration $5,000.00 1 ACRE $5,000.00 0.5 1'' Traffic Control $1 .00 0 EA $0.00 3000 Sub-total: $155,400.00 Plus 15% contingency $23,310.00 Plus 15% engineering $23,310.00 Total: $202,020.00 Grand Total Cost: $431 ,899.00 Preliminary Cost Estimate Sheridan Property Sanitary Extens (Fox Hill Unit 1 to Site) In Fox Hill Alonc (Unit 1 to lift station) (Lift statio Item Unit Price Quantity Cost Quantit 36" RCP Sanitary Sewe $100.00 0 LF $0.00 1300 LF 2 8" PVC Sanitary Sewer $40.00 0 LF $0.00 0 LF 3 6" DIP Forcemain $35.00 700 LF $24,500.00 0 LF 4 Lift Station $75,000.00 1 EA $75,000.00 0 EA 5 Sanitary Manhole $2,500.00 0 EA $0.00 4 EA 6 Creek Crossjng $25,000.00 1 EA $25,000.00 0 EA 7 Highway Crossing $70,000.00 0 EA $0.00 0 EA 8 Trench Backfill $20.00 100 CY $2,000.00 300 CY 9 Landscape Restoration $5,000.00 1 ACRE $5,000.00 1 .5 AC 10 Traffic Control $1 .00 0 EA $0.00 0 EA Sub-total: $131 ,500.00 Plus 15% contingency $19,725.00 Plus 15% engineering $19,725.00 Total: $170,950.00 Grand Total Cost: $593,450.00 Exhibit "F" DEVELOPER shall provide landscape plans for approval, which comply with the following criteria: 1. Rt. 34 Frontage a. 30' wide landscape setback b. 3' undulating berm along Rt. 34 as measured from the nearest pavement surface of public street 2. Eldamain Rd. Frontage a. 30' wide landscape setback b. 3' undulating berm along Eldamain as measured from the nearest pavement surface of public street 3. Adjacent to existing commercial property a. 20' wide landscape setback (7 trees) b. 1 shade tree per 1001.f. of property line 4. East property line* a. 30' wide landscape setback b. 1 evergreen tree per 20 l.f. of property line (double row) (42 evergreens) c. 3' undulating berm as measured from the property line 5. Interior Landscaping a. 1 shade tree per 15 parking spaces (35 trees) 6. Plant Material Size a. Shade trees shall be 3" cal. at time of planting b. Evergreen trees shall be a minimum of 8' at time of planting Exhibit "G" 10-7B-1 10-7B-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE B. B-1 LIMITED BUSINESS DISTRICT SECTION: 10-7B-1 : Uses Permitted 10-7B-2: Special Uses 10-7B-3: Lot Area 10-7B-4: Yard Areas 10-7B-5: Lot Coverage 10-7B-6: Maximum Building Height 10-7B-7: Off-Street Parking and Loading 10-7B-1 : USES PERMITTED: Antique sales. Bakery - retail. Barber shop. Beauty shop. Book store. Cafeteria (diner). Camera shop. Church or other place of worship. Cigar, cigarette and tobacco store. Clothes - pressing and repair. City of Yorkville 10-7B-1 10-7B-1 Club - private indoor. Club - private outdoor. Community center. Dressmaker - seamstress. Drugstore. Florist sales. Fruit and vegetable market - retail. Gift shop. Grocery store - supermarket. Gymnasium. Health food store. Hobby shop. Hospital (general). Hospital or treatment center. Household furnishing shop. Ice cream shop. Jewelry - retail. Laundry, cleaning and dyeing - retail. Library. Magazine and newsstand. Meat market. Medical clinic. Mortuary - funeral home. City of Yorkville 10-7B-1 10-7B-4 Nursery - daycare. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. Substation. Swimming pool - indoor. Tennis club - private or daily fee. Trailer. (Ord. 1973-56A, 3-28-74; 1994 Code) 10-7B-2: SPECIAL USES: All special uses permitted in 0 District. Liquor store. Tavern - night club. (Ord. 1973-56A, 3-28-74; amd. Ord. 1978-10, 9-28-78) 10-7B-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1973-56A, 3-28-74) 10-7B-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: City of Yorkville 10-7B-4 10-7B-7 A. Front Yard: A front yard of not less than thirty feet (30'). (Ord. 1973-56A, 3-28-74) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-1 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-1 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum side yard of not less than twenty feet (20') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-1 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-86; 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-74) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than twenty feet (20') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1 , 2-12-87) 10-7B-5: LOT COVERAGE: Not more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-7B-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-74) 10-7B-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville 10-7C-1 10-7C-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE C. B-2 GENERAL BUSINESS DISTRICT SECTION: 10-7C-1: Uses Permitted 10-7C-2: Special Uses 10-7C-3: Lot Area 10-7C-4: Yard Areas 10-7C-5: Lot Coverage 10-7C-6: Maximum Building Height 10-7C-7: Off-Street Parking and Loading 10-7C-1 : USES PERMITTED: All uses permitted in the 0 and B-1 Districts. Appliances - sales. Army/Navy surplus sales. Art gallery - art studio sales. Art supply store. Auditorium. Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. City of Yorkville 10-7C-1 10-7C-1 Billiard parlor. Blueprint and photostat shop. Bowling alley. Carry-out food service. Catalog sales office. Clothing store - all types. Dance hall. Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new/used. Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel. Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. City of Yorkville 10-7C-1 10-7C-3 Paint/wallpaper store. Pawnshop. Personal loan agency. Pet store. Picture frame store. Radio and television studios. Reducing salon, masseur and steam bath. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973-56A, 3-28-74; 1994 Code) 10-7C-2: SPECIAL USES: All special uses permitted in the B-1 District. Gasoline service station. Marina. (Ord. 1973-56A, 3-28-74) 10-7C-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1 , 1-9-86) City of Yorkville 10-7C-4 10-7C-6 10-7C-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: No minimum front yard shall be required. (Ord. 1973-56A, 3-28-74) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-2 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-2 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum side yard of not less than thirty feet (30') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-2 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-86; 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-74) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87) 10-7C-5: LOT COVERAGE: Not more than eighty percent (80%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-7C-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories. (Ord. 1973-56A, 3-28-74) City of Yorkville 10-7C-7 10-7C-7 10-7C-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville 10-7D-1 10-7D-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE D. B-3 SERVICE BUSINESS DISTRICT SECTION: 10-7D-1: Permitted Uses 10-7D-2: Special Uses 10-7D-3: Lot Area 10-7D-4: Yard Areas 10-7D-5: Lot Coverage 10-7D-6: Maximum Building Height 10-7D-7: Off-Street Parking and Loading 10-7D-1: PERMITTED USES: All uses permitted in the B-2 District. Agricultural implement sales and service. Appliance - service only. Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Electrical equipment sales. City of Yorkville 10-7D-1 10-7D-1 Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Mini warehouse storage. Miniature golf. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Skating rink. Sports arena. Stadium. Taxicab garage. Tennis court - indoor. Trailer rental. • Truck rental. Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-74; amd. Ord. 1986-1, 1-9-86; Ord. 1988-7, 4-14-88) City of Yorkville 10-7D-2 10-7D-4 10-7D-2: SPECIAL USES: All special uses permitted in the B-2 District. Amusement park. Boat launching ramp. Boat rental and storage. (Ord. 1973-56A, 3-28-74) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-86) 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-74) B. Side Yards: 1 . A minimum side yard shall be required between buildings within the B-3 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-86; 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-74) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30') shall be City of Yorkville 10-7D-4 10-7D-7 required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87) 10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-74) 10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville 10-7E-1 10-7E-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE E. B-4 BUSINESS DISTRICT SECTION: 10-7E-1: Uses Permitted 10-7E-2: Special Uses 10-7E-3: Lot Area 10-7E-4: Yard Areas 10-7E-5: Lot Coverage 10-7E-6: Maximum Building Height 10-7E-7: Off-Street Parking and Loading 10-7E-1: USES PERMITTED: All uses permitted in the B-3 District. Auction house. Automobile sales and service. Garage-bus or truck. Motorcycle sales and service. Recreational vehicle sales and service. Truck sales and service. Utility company maintenance yard. Utility service yard or garage. (Ord. 1986-1 , 1-9-86; 1994 Code) City of Yorkville 10-7E-2 10-7E-7 10-7E-2: SPECIAL USES: All uses permitted in the B-3 District. (1994 Code) 10-7E-3: LOT AREA: Same as in the B-3 District. (Ord. 1986-1, 1-9-86) 10-7E-4: YARD AREAS: Same as in the B-3 District. (Ord. 1986-1, 1-9-86) 10-7E-5: LOT COVERAGE: Same as in the B-3 District. (Ord. 1986-1, 1-9-86) 10-7E-6: MAXIMUM BUILDING HEIGHT: Same as in the B-3 District. (Ord. 1986-1, 1-9-86) 10-7E-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1986-1, 1-9-86) City of Yorkville 10-7A-1 10-7A-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE A. 0 OFFICE DISTRICT SECTION: 10-7A-1: Uses Permitted 10-7A-2: Special Uses 10-7A-3: Lot Area 10-7A-4: Yard Areas 10-7A-5: Lot Coverage 10-7A-6: Maximum Building Height 10-7A-7: Off-Street Parking and Loading 10-7A-1: USES PERMITTED: Advertising agency. Bank. Barber shop. Beauty shop. Bookkeeping service. Club - private indoor. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Credit union. City of Yorkville 10-7A-1 10-7A-1 Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Savings and loan association. Stenographic service. Stock broker. Telegraph office. Ticket office. Title company. Travel agency. Utility office. (Ord. 1973-56A, 3-28-74). City of Yorkville 10-7A-2 10-7A-7 10-7A-2: SPECIAL USES: Planned developments. Solid waste disposal site. (Ord. 1973-56A, 3-28-74) 10-7A-3: LOT AREA: No lot shall have an area less than twenty thousand (20,000) square feet. (Ord. 1973-56A, 3-28-74) 10-7A-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yard: A side yard on each side of the zoning lot of not less than ten feet (10'), except where a side yard adjoins a street, the minimum width shall be increased to twenty feet (20'). C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-74) 10-7A-5: LOT COVERAGE: Not more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-7A-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-74) 10-7A-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville 10-8A-1 10-8A-1 CHAPTER 8 MANUFACTURING DISTRICTS ARTICLE A. M-1 LIMITED MANUFACTURING DISTRICT SECTION: 10-8A-1: Uses Permitted 10-8A-2: Conditions of Permitted Use 10-8A-3: Special Uses 10-8A-4: Yard Areas 10-8A-5: Lot Coverage 10-8A-6: Floor Area Ratio 10-8A-1 : USES PERMITTED: The following uses are permitted: A. Production, processing, cleaning, testing or repair, limited to the following uses and products: Advertising displays. Apparel and other products manufactured from textiles. Art needlework and hand weaving. Automobile painting, upholstering, repairing, reconditioning and body and fender repairing, when done within the confines of a structure. Awnings, Venetian blinds. Bakeries. Beverages - nonalcoholic. Books - hand binding and tooling. Bottling works. City of Yorkville 10-8A-1 10-8A-1 Brushes and brooms. Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature. Cameras and other photographic equipment and supplies. Canning and preserving. Canvas and canvas products. Carpet and rug cleaning. Ceramic products - such as pottery and small glazed tile. Cleaning and dyeing establishments when employing facilities for handling more than one thousand five hundred (1,500) pounds of drygoods per day. Clothing. Cosmetics and toiletries. Creameries and dairies. Dentures. Drugs. Electrical appliances, such as lighting fixtures, irons, fans, toasters and electric toys. Electrical equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery. Electrical supplies, manufacturing and assembly of such wire and cable assembly switches, lamps, insulation and dry cell batteries. Food products, processing and combining of (except meat and fish) - baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing and pressing. Fur goods, not including tanning and dyeing. City of Yorkville 10-8A-1 10-8A-1 Glass products from previously manufactured glass. Hair, felt and feather products (except washing, curing and dyeing). Hat bodies of fur and wool felt. Hosiery. House trailers, manufacture. Ice, natural. Ink mixing and packaging and inked ribbons. Jewelry. Laboratories - medical, dental, research, experimental, and testing - provided there is no danger from fire or explosion nor offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences. Laundries. Leather products, including shoes and machine belting, but not including tanning and dyeing. Luggage. Machine shops for tool, die and pattern making. Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment. Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils. Musical instruments. Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers. Paper products, small, such as envelopes and stationery, bags, boxes, tubes and wallpaper printing. City of Yorkville 10-8A-1 10-8A-1 Perfumes and cosmetics. Pharmaceutical products. Plastic products, but not including the manufacturing of the raw materials. Precision instruments - such as optical, medical and drafting. Printing and newspaper publishing, including engraving, photo-engraving. Products from finished materials - plastic, bone, cork, feathers, felt, fiber, copper, fur, glass, hair, horn, leather, precious and semi-precious stones, rubber, shell or yarn. Public utility electric substations and distribution centers, gas regulations centers and underground gas holder stations. Repair of household or office machinery or equipment. Rubber products, small, and synthetic treated fabrics (excluding all rubber and synthetic processing), such as washers, gloves, footwear, bathing caps and atomizers. Signs, as regulated by Chapter 12 of this Title. Silverware, plate and sterling. Soap and detergents, packaging only. Soldering and welding. Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods. Statuary, mannequins, figurines and religious and church art goods, excluding foundry operations. Storage and sale of trailers, farm implements and other similar equipment on an open lot. Storage of flammable liquids, fats or oil in tanks each of fifteen thousand (15,000) gallons or less capacity, but only after the City of Yorkville 10-8A-1 10-8A-1 locations and protective measures have been approved by local governing officials. Storage of household goods. Textiles - spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn, thread and cordage, but not including textile bleaching. Tool and die shops. Tools and hardware, such as bolts, nuts and screws, doorknobs, drills, handtools and cutlery, hinges, house hardware, locks, nonferrous metal castings and plumbing appliances. Toys. Truck, truck tractor, truck trailer, car trailer or bus storage yard, when all equipment is in operable condition, but not including a truck or motor freight terminal, which are treated under Section 10-8-1 of this Title. Umbrellas. Upholstering (bulk), including mattress manufacturing, rebuilding and renovating. Vehicles, children's; such as bicycles, scooters, wagons and baby carriages. Watches. Wood products, such as furniture, boxes, crates, baskets and pencils and cooperage works. Any other manufacturing establishment that can be operated in compliance with the performance standards of Section 10-8-1 of this Title without creating objectionable noise, odor, dust, smoke, gas, fumes or vapor; and that is a use compatible with the use and occupancy of adjoining properties. B. Wholesaling and warehousing: Local cartage express facilities (but not including motor freight terminals). City of Yorkville 10-8A-1 10-8A-1 C. Public and community service uses as follows: Bus terminals, bus garages, bus lots, street railway terminals or streetcar houses. Electric substations. Fire stations. Municipal or privately owned recreation buildings or community centers. Parks and recreation areas. Police stations. Sewage treatment plants. Telephone exchanges. Water filtration plants. Water pumping stations. Water reservoirs. D. Residential uses as follows: Dwelling units for watchmen and their families when located on the premises where they are employed in such capacity. E. Miscellaneous uses as follows: Accessory uses. Radio and television towers. Temporary buildings for construction purposes for a period not to exceed the duration of such construction. F. Off-street parking and loading as permitted or required in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville 10-8A-2 10-8A-3 10-8A-2: CONDITIONS OF PERMITTED USES: All permitted uses are subject to the following conditions: A. Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in Section 10-8-1 of this Title. B. All business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise specified. Within one hundred fifty feet (150') of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this District may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight feet (8') high, but in no case lower in height than the enclosed storage and suitably landscaped. However, open off-street loading facilities and open off-street parking of motor vehicles under one and one-half (11/2) tons' capacity may be unenclosed throughout the District, except for such screening of parking and loading facilities as may be required under the provisions of Chapter 11 of this Title. C. Uses established on the effective date hereof and by its provisions are rendered nonconforming, shall be permitted to continue subject to the regulations of Chapter 10 of this Title. D. Uses established after the effective date hereof shall conform fully to the performance standards set forth in Section 10-8-1 of this Title. (Ord. 1956-A, 3-28-74) 10-8A-3: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use which may be allowed as a special use in the B-3 Business District. Any use permitted in the M-2 General Manufacturing District. Airport or aircraft landing fields. Meat products. Motor freight terminals. City of Yorkville 10-8A-3 ` 10-8A-6 Planned developments, industrial. Sanitary landfill. Stadiums, auditoriums and arenas. (Ord. 1973-56A, 3-28-74; 1994 Code) 10-8A-4: YARD AREAS: No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such building: A. Front Yard: On every zoning lot, a front yard of not less than twenty << five feet (25') in depth shall be provided. However, where lots within the same block and comprising forty percent (40%) of the frontage on the same street are already developed on the effective date hereof with front yards with an average depth of less than twenty five feet (25'), then such average depth shall be the required front yard depth for such frontage in said block. B. Side Yards: On every zoning lot, a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent (10%) of the lot width, but need not exceed twenty feet (20') in width. (Ord. 1973-56A, 3-28-74) 10-8A-5: LOT COVERAGE: Not more than sixty percent (60%) of the area of a lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-8A-6: FLOOR AREA RATIO: Not more than 0.8. (Ord. 1973-56A, 3-28-74) City of Yorkville