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.
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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
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Dr. Thomas D. Engler
. Superintendent
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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
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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.
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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