City Council Packet 2005 02-22-05 =,.,,„9 c,r o United City of Yorkville
J -n County Seat of Kendall County
{ 800 Game Farm Road
ESL s
Yorkville, Illinois, 60560
-�� Telephone: 630-553-4350
04 i. _ Fax: 630-553-7575
1 `"" e...�.*. Website: www.yorkville.il.us
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AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 PM
Revised 2/18/05 Tuesday, February 22, 2005
Call to Order: 7:00 p.m.
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Rich Sticka Valerie Burd Marty Munns Joe Besco
Paul James Larry Kot Wanda Ohare Rose Ann Spears
Establishment of Quorum:
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting: Ad-hoc: Technology Committee
7:00 p.m., Monday, February 28, 2005 To be Announced
City Hall Conference Room
Economic Development Committee:
7:00 p.m., Thursday, March 17, 2005
City Hall Conference Room
Administration Committee Meeting:
6:30 p.m., Thursday, March 3, 2005
City Hall Conference Room
Public Safety Committee Meeting:
6:30 p.m., Thursday, March 10, 2005
City Hall Conference Room
City Council Meeting Agenda
February 22, 2005
Page 2
Public Hearings:
1. Centex Homes, petitioner, request to annex and rezone approximately 450A3 acres on the North and South
sides of Galena Road and 1/4 mile east of Route 47 including 40 acres 1/2 mile North of Galena Road on the
East side of Route 47 in Bristol Township, Kendall County, Illinois from Kendall County A-1 Agricultural
to United City of Yorkville Planned Unit Development consisting of R-3 General Residence District and R-4
General Residence District, and to rezone approximately 187.51 acres Northeast of Route 47 and Galena
Road in Bristol Township, Kendall County, Illinois from United City of Yorkville R-1 One-Family
Residence Planned Unit Development and R-3 General Residence Planned Unit Development to United City
of Yorkville Planned Unit Development consisting of R-3 General Residence District and R-4 General
Residence District.
2. Yorkville Farms Development, LLC and Stewart Farms, LLC, petitioners, request to annex to the United
City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One-
Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property
consists of approximately 195 acres at the Southwest corner of Ashley Road and Route 126, Kendall
Township, Kendall County, Illinois.
3. BINA Hearing for $4,000,000.00 TIF Alternate Revenue Bond (Countryside Shopping Center)
Citizen Comments:
Presentations:
1. Presentation by Engineering Enterprises, Inc. to the United City of Yorkville
Consent Agenda
1. Ordinance Amending City Code Regarding the Length of Time Permitted to Display Inflatable
Balloons as Signs -authorize Mayor and City Clerk to execute
2. Water Works System Planning Map Update -authorize Engineering Enterprises, Inc. to update the northern
portion of the city's planning area in an amount not to exceed$1200.00 and authorize Mayor and City
Clerk to execute
3. Rob Roy Creek Interceptor Contract#2—DOT Highway Permit Application and Resolution-authorize
Mayor and City Clerk to execute
4. Request to Purchase Dump Trucks
4a. Request to Purchase 2005 International DT 7400 Single Axle Dump Truck Complete through the
State Purchase Program from Prairie International in Springfield-authorize purchase in an amount
not to exceed$77,875.00, subject to the approval of the FY 05/06 budget and direct the Public
Works Director to place the order immediately
4b. Request to Purchase 2005 International DT 7400 Tandem Axle Dump Truck Complete through the
State Purchase Program from Prairie International in Springfield -authorize purchase in an amount
not to exceed$96,485.00, subject to the approval of the FY 05/06 budget and direct the Public
Works Director to place the order immediately
5. Resolution Approving Mayor Pro Tern Policy -authorize Mayor and City Clerk to execute
City Council Meeting Agenda
February 22, 2005
Page 3
Plan Commission/Zoning Board of Appeals:
Minutes for Approval(Corrections and Additions):
Minutes of City Council— February 8, 2005
Minutes of Special City Council—February 7, 2004 and February 15, 2005
Minutes of Committee of the Whole— August 17, 2004 and January 4, 2005
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ 1,294,326.14 (vendors)
$ 150,397.63 (payroll period ending 2/05/05)
$ 1,444,723.77 (total)
Reports:
Mayor's Report:
1. Ordinance Granting Setback Variances for 2066 Kingsmill Court
2. Tanglewood Trails Final Plat - authorize Mayor and City Clerk to execute
3. Rob Roy Creek Interceptor Contract#2 Bid Results- award contract to Glenbrook Excavating&
Concrete, Inc. in an amount not to exceed$1,669,722.00
4. Ordinance Adopting South Comprehensive Land Use Plan
5. Proclamation for National Engineer's Week
Attorney's Report:
1. Debt Authorization Ordinance for IEPA Public Water Supply (Radium Compliance) - authorize
Mayor and City Clerk to execute
2. Johnston Sanitary Sewer Easement for Rob Roy Creek Interceptor-authorize Mayor and City Clerk
to execute
City Clerk's Report:
City Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
Director of Public Works Report:
Chief of Police Report:
Executive Director of Parks& Recreation Report:
Community &Liaison Report:
City Council Meeting Agenda
February 22, 2005
Page 4
Committee Reports:
Public Works Committee Report:
1. No Report
Economic Development Committee Report:
1. Development Agreement for River Oaks Property Development, LLC
a. Ordinance Authorizing the Execution
2. Development/Economic Initiative Agreement for Wesley Property Corp.
Public Safety Committee Report:
1. No Report
Administration Committee Report:
1. 2005 /2006 Budget—Salary Increase Recommendation
2. Ordinance Abating $625,000.00 General Obligation Bonds(Alternate Revenue Source), Series 2002
(Fox Industrial)
3. Ordinance Abating $3,500,000.00 General Obligation Bonds(Alternate Revenue Source), Series 2004B
(Countryside Interceptor)
Additional Business:
Executive Session:
1. The purchase or lease of real property for the use of the public body.
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004—2005
PUBLIC WORKS
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Committee: Alderman Munns Streets and Alleys YBSD
Committee: Alderman Sticka Sanitation and Waste
Committee: Alderwoman Burd
City Council Meeting Agenda
February 22, 2005
Page 5
IECONOMIC DEVELOPMENT;
Committee Departments Liaisons
Chairman: Alderman Sticka Planning&Building& Zoning Chamber of Commerce
Committee: Alderwoman Burd Business &Economic Dev. Kendall County Econ. Dev.
Committee: Alderwoman Spears Plan Commission
Committee: Alderman Munns Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention&
Tourism Council
Downtown Re-development
PUBLIC SAFETY
Committee Departments Liaisons
Chairman: Alderman Kot Police Human Resource Comm.
Committee: Alderwoman Ohare Schools School District
Committee: Alderwoman Spears Public Relations KenCom
Committee: Alderman James
,ADMINISTRATION
Committee Departments Liaisons
Chairman: Alderman James Finance Metra
Committee: Alderwoman Ohare Public Properties Library
Committee: Alderman Kot Personnel Cable Consortium
Committee: Alderman Besco
AD-HOC: TECHNOLOGY
Committee
Chairman: Alderman Munns
Committee: Alderman Kot
Committee: Alderman Sticka
Committee: Alderwoman Ohare
b( c +kar t,„ I
D)0_,c,/\
DRAFT �-
1/24/05
ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY,
AMENDED AND RESTATED ANNEXATION AGREEMENT
AS TO A PORTION OF THE PROPERTY AND A
PLANNED UNIT DEVELOPMENT AGREEMENT
By and Between
JR YORKVILLE L.L.C., an Illinois limited liability company (Owner of Parcel A),
JOHN ROSENWINKEL and SUSAN ROSENWINKEL,individually and as Trustees of
EMR Trust No. 100, dated December 10, 2002 and ELLA MAY ROSENWINKEL,
individually and as Trustee of Trust No. 2002, U/T/A dated September 19, 2003 (Owner of
Parcel B),
CHICAGO TITLE LAND TRUST COMPANY, as Successor Trustee to FIFTH THIRD
BANK, but solely as Trustee of Trust No.A2830 and SUSAN D. BERTRAM, individually
and the holder of the Power of Direction in Chicago Title Land Trust Company, as
Successor Trustee to Fifth Third Bank Trust No. A2830 (Owner of Parcel C),
LAY-COM,INC., an Illinois Corporation (Owner of Parcel D)
And
T&R,L.L.C., an Illinois limited liability company (Owner of Parcel E)
And
CENTEX HOMES, a Nevada general partnership
And
UNITED CITY OF YORKVILLE
CH199 4398143-3.001319.0242
TABLE OF CONTENTS
Page
1. RECITALS 5
2. CONFLICT 5
3. LEGAL CONFORMANCE WITH LAW 6
4. ANNEXATION AND ZONING 6
5. APPROVED PLANS 7
6. PLATS OF SUBDIVISION 8
7. UTILITIES,EASEMENTS AND PUBLIC IMPROVEMENTS 10
8. WATER UTILITIES 11
9. SANITARY SEWER FACILITIES 11
10. WETLANDS AND DETENTION 12
11. SECURITY INSTRUMENTS 15
12. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS 17
13. AMENDMENTS TO ORDINANCES 18
14. BUILDING CODE 19
15. FEES AND CHARGES 20
16. CONTRIBUTIONS 22
17. SCHOOL AND PARK DONATIONS 22'
18. PROJECT SIGNS 23
19. MODEL HOMES,PRODUCTION UNITS, SALES TRAILERS AND
CLUBHOUSE 23
20. CONTRACTORS TRAILERS 2 6
21. BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY 26
22. OVERSIZING OF IMPROVEMENTS 28
23. LIMITATIONS L8
CH199 4398143-3.001319.0242 _i_
24. RECAPTURE AGREEMENTS 29
25. COVENANTS 30
26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE
AREA(DSSA) 30
27. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING
MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS 3 I
28. ONSITE EASEMENTS AND IMPROVEMENTS 32
29. CITY'S MUNICIPAL SERVICES 33
30. DISCONNECTION 33
31. SALE OF SUBJECT PROPERTY 33
32. GENERAL PROVISIONS 34
CH199 4398143-3.001319.0242 -11-
ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY,
AMENDED AND RESTATED ANNEXATION AGREEMENT
AS TO A PORTION OF THE PROPERTY AND A
PLANNED UNIT DEVELOPMENT AGREEMENT
(Bristol Bay Subdivision)
THIS ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY,
AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE
PROPERTY AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is
made and entered as of the day of , 2005, by and between JR YORKVILLE L.L.C.,
an Illinois limited liability company (Owner of Parcel A), JOHN ROSENWINKEL and
SUSAN ROSENWINKEL, individually and as Trustees of EMR Trust No. 100, dated
December 10, 2002 and ELLA MAY ROSENWINKEL, individually and as Trustee of
Trust No. 2002, U/T/A dated September 19, 2003 (Owner of Parcel B), CHICAGO TITLE
LAND TRUST COMPANY, as Successor Trustee to FIFTH THIRD BANK, but solely as
Trustee of Trust No. A2830 and SUSAN D. BERTRAM, individually and the holder of the
Power of Direction in Chicago Title Land Trust Company, as Successor Trustee to Fifth
Third Bank Trust No. A2830 (Owner of Parcel C), LAY-COM, INC., an Illinois
Corporation (Owner of Parcel D) and T&R, L.L.C., an Illinois limited liability company
(Owner of Parcel E) (hereinafter collectively referred to as "OWNERS") and CENTEX
HOMES, a Nevada general partnership (hereinafter referred to as "DEVELOPER"), and
the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under
and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and
through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and
the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the
"Parties".
CHI99 4398143-3.001319.0242 -1-
RECITALS:
A. OWNERS and DEVELOPER are the owners of record of certain parcels of real
estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A"
(hereinafter referred to as"SUBJECT PROPERTY").
B. OWNERS and DEVELOPER desire to annex that portion of the SUBJECT
PROPERTY not within the corporate limits of the CITY as identified on Exhibit "A" to the
CITY and to amend and restate existing agreements relating to portions of the SUBJECT
PROPERTY previously annexed to the CITY as identified on Exhibit "A" for the purposes of
developing a residential planned unit development ("PUD") known as the Bristol Bay
Subdivision together with commercial use parcels.
C. OWNERS and DEVELOPER desire to proceed with the development of the
SUBJECT PROPERTY for residential and commercial use in accordance with the terms and
provisions of this Agreement.
D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY he
rezoned as a residential PUD under the R-2, R-3 and R-4 Residential District provisions and the
A-1 and B-3 Business District provisions of the CITY Zoning Ordinance ("Zoning Ordinance")
as depicted on the zoning plat attached hereto and incorporated herein as Exhibit "B", to be
developed with single-family detached, townhome, two-family, and multi-family residences,
maintain a 2.1 acre tract as agricultural zoning and a commercial area within the B-3 zoned
property, all as depicted on the Preliminary PUD Plan attached hereto and incorporated herein as
Exhibit"B".
E. All public hearings, as required by law, have been duly held by the appropriate
hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission
conducted a public hearing regarding the requested zoning and Preliminary PUD Plan and site
CH199 4398143-3.001319.0242 -2-
plan on . The Corporate Authorities conducted a public hearing
on this Agreement on
F. The CITY, OWNERS and DEVELOPER have given all appropriate notices due
to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the CITY
Code.
G. The Corporate Authorities, after due and careful consideration, have concluded
that the Execution of this Agreement subject to the terms and provisions of this Agreement, and
the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein,
will inure to the benefit and improvement of the CITY in that it will increase the taxable value of
the real property within its corporate limits, promote the sound planning and development of the
CITY and will otherwise enhance and promote the general welfare of the people of the CITY.
H. (i) Each party agrees that it is in the best interests of the OWNERS and
DEVELOPER and the CITY to annex and develop a portion of the
SUBJECT PROPERTY as a Planned Unit Development (PUD) for
residential development establishing a unique character through the
provision of a mix of residential, commercial, open space and regional
detention uses in conformance with the United City of Yorkville
Comprehensive Plan within a master planned community including
neighborhoods of varying densities and architectural controls, open
spaces, a carefully integrated commercial use and maintaining a portion in
its historical agricultural use and through the provision of orderly flow of
traffic within the SUBJECT PROPERTY and to and with adjoining real
property.
CH199 4398143-3.001319.0242 -3-
(ii) Each party agrees that it is in the best interest of the local governmental
bodies affected and the OWNERS and DEVELOPER to provide for
specific performance standards in the development of the SUBJECT
PROPERTY.
(iii) Each party agrees that development of the SUBJECT PROPERTY will
impact the services of the United City of Yorkville and other
governmental agencies.
(iv) Those portions of SUBJECT PROPERTY not within the corporate
boundaries of the CITY are contiguous to the corporate boundaries of the
CITY.
I. It is the desire of the CITY, the OWNERS and DEVELOPER that the
development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in
accordance with the terms and provisions of this Agreement, and be subject to the applicable
ordinances, codes and regulations of the CITY now in force and effect, except as otherwise
provided in this Agreement.
J. The OWNERS and DEVELOPER and their representatives have discussed the
proposed annexation and have had public hearings with the Plan Commission and the Corporate
Authorities, 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.
K. In accordance with the powers granted to the City by the provisions of the Illinois
Compiled Statutes, 65 ILCS 5/11-15.1-1 through 5/15.1-5, inclusive, relating to annexation
agreements, the Parties wish to enter into a binding agreement with respect to the annexation of
CH199 4398143-3.001319.0242 .4-
the SUBJECT PROPERTY to the CITY and to provide for various other matters related directly
or indirectly to the annexation of the SUBJECT PROPERTY as authorized by the provisions of
said statutes.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the receipt and sufficiency of such consideration being hereby
acknowledged by the Parties,the Parties hereby agree as follows:
1. RECITALS. The foregoing Recitals are incorporated herein and made a part of
this Agreement.
2. CONFLICT. In the event of a conflict between the terms of this Agreement and
any other annexation or similar agreement relating to any parcel previously annexed to the
CITY, but which are not included as part of the SUBJECT PROPERTY, the terms of this
Agreement shall control and prevail. As to those portions of any parcel previously annexed to
the CITY which are not included as part of the SUBJECT PROPERTY for this Agreement, the
terms of any preceding or existing agreement shall remain in full force and effect and
unamended. As to any conflict between the terms of this Agreement and any CITY law, rules,
ordinance, code, regulation, resolution or interpretation (whether judicial or administrative) of
any such law, rule, ordinance, code or regulation including the Zoning Code and CITY
Subdivision Ordinance (individually and collectively sometimes referred to herein as
"Municipal Codes"), the terms of this Agreement and the terms of any such Municipal Codes in
effect as of the date of this Agreement shall control and be effective as it relates to the SUBJECT
PROPERTY. Any other term of this Agreement or Municipal Code, including the Zoning
Ordinances, to the contrary notwithstanding, the SUBJECT PROPERTY shall be considered for
CH199 4398143-3.001319.0242 -5-
all purposes as one (1)parcel notwithstanding separate ownership of all or part of the SUBJECT
PROPERTY.
3. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to
and in accordance with the provisions of the CITY Municipal Code, as amended from time to
time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution.
OWNER and DEVELOPER have filed with the Clerk of the CITY a duly executed petition
pursuant to and in accordance with the provisions of 65 ILCS 5/7-1-8 of the Illinois Compiled
Statutes to annex the SUBJECT PROPERTY to the CITY or to amend any existing annexation
agreement.
4. ANNEXATION AND ZONING. As soon as reasonably practicable following.
the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may
be necessary and appropriate to annex and rezone the Subject Property under the R-2, R-3, R-4,
A-1 and B-3 District provisions of the CITY Zoning Ordinance with a Special Use for a Planned
Unit Development of those portions of the SUBJECT PROPERTY zoned under the R-2, R-3 and
R-4 provisions of the City Zoning Ordinance consistent with the terms of this Agreement. The
zoning map of the CITY shall thereupon be modified to reflect the classifications of the
SUBJECT PROPERTY as aforesaid.
OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed
in accordance with the Municipal Codes, as approved or subsequently amended, unless otherwise
provided for herein, and agree to follow all of the policies and procedures of the CITY in
connection with such development except as modified in this Agreement.
It is understood and agreed between the Parties hereto that the SUBJECT PROPERTY
and each phase and parcel may continue to be used and occupied (without any change or
CHI99 4398143-3.001319.0242 -6-
alteration) for the current uses of the existing OWNERS and DEVELOPER of the SUBJECT
PROPERTY and/or as are permitted in the zoning classifications set forth in this Paragraph 4.
All current uses of the SUBJECT PROPERTY that are not permitted under the zoning
classifications specified in this Paragraph 4 shall be considered legal,nonconforming uses.
The portion of the SUBJECT PROPERTY zoned A-1 shall include as a permitted use:
sales yards, wholesale or retail, for agricultural products including,but not necessarily limited to,
fruits,vegetables, flowers,plants, etc.:
5. APPROVED PLANS. Contemporaneously with the annexation of the
SUBJECT PROPERTY, the CITY shall adopt an ordinance adopting and approving the
following, all of which are on file with the CITY and hereby incorporated herein and made a part
of this Agreement:
A. Preliminary PUD Plan and/or site plan, prepared by and last
revised ("Preliminary PUD Plan");
B. Preliminary Plat, prepared by and last revised
("Preliminary Plat") relating to both Residential PUD
and the commercially zoned parcels;
C. Preliminary Engineering, prepared by and last revised
("Preliminary Engineering"); and
D. Preliminary Landscape Plan, prepared by and last revised
("Preliminary Landscape Plan"), which includes the
designation of tree preservation easements and standard.
The Preliminary PUD Plan, Preliminary Plat, Preliminary Engineering and Preliminary
Landscape Plan are sometimes collectively referred to as the"Approved Plans".
CHI99 4398143-3.001319.0242 -7-
6. PLATS OF SUBDIVISION.
A. The SUBJECT PROPERTY may be developed in one or more phases. The CITY
shall approve the Final Plat(s) of Subdivision and such final plans so submitted at
any time during the term of this Agreement without any time limitation, subject to
the terms and conditions set forth herein provided that such plat(s) and plans
substantially conform with the Approved Plans and otherwise meet all the
requirements of the CITY Municipal Codes, except as expressly and specifically
modified by this Agreement. In addition, such phases shall be configured in such
a manner that each such phase shall be served by all utilities and satisfy sound
engineering and municipal land use practices. DEVELOPER shall provide one
point of access to a public road for each phase. To the extent roadway and utility
improvements are developed or installed in phases, the CITY shall inspect and
accept the same on a phase by phase basis provided that such improvements are
sufficient to service the phase developed on a stand alone basis.
Final Plats may be submitted by DEVELOPER from time to time during the term
of this Agreement without regard to any ordinance or regulation imposing any
limitation or time frame with respect to such submissions.
The CITY shall act upon any final plat and final engineering within thirty (30)
days of its receipt of such final plat, final engineering and all necessary supporting
documentation and information by either (i) adopting such ordinances as may be
required to approve such final plat and final engineering and to cause the CITY to
process and execute any such final plat of subdivision or (ii) issuing a letter of
denial informing the applicant in writing and specifying in detail as to what
C1-1199 4398143-3.001319.0242 -8-
corrections are necessary as a condition to the approval of any final plat and final
engineering quoting the section of the Municipal Code relied upon by the CITY in
its request for corrections. Failure to issue such written denial in such time period
shall constitute an approval of the final plat and final engineering and the CITY
shall execute such final plat upon demand by DEVELOPER and DEVELOPER
may proceed instanter with development of the SUBJECT PROPERTY as if such
final plat and final engineering had been executed by the CITY.
B. Demolition of existing structures, if any, excavation, grading work, filling and
soil stockpiling, of all or any part of the relevant portion of the SUBJECT
PROPERTY, may be undertaken by the DEVELOPER at DEVELOPER'S sole
risk provided that all erosion and siltation control measures shown on the plans or
required by the CITY Engineer are in place in accordance with the Procedures
and Standards for Urban Soil Erosion and Sedimentation Control in Illinois, City
ordinances and sound engineering practices. The CITY may request a bond be
posted with the CITY in a reasonable amount to secure DEVELOPER's
obligations under this Subparagraph B. DEVELOPER shall be required to take
such actions as may be necessary to assure that such grading, filing and
stockpiling ultimately complies with the approved Final Engineering for the
SUBJECT PROPERTY.
C. DEVELOPER may make minor changes to the Approved Plans without the
CITY's consent or approval and without any public hearings. All such changes
shall be deemed incorporated into this Agreement. As used herein a change shall
not be considered minor if it includes the following:
CH199 4398143-3.001319.0242 -9-
1. A change in the use or character of the development.
2. An increase by more than five percent (5%) in the overall coverage
of structures.
3. A relocation of any street, curb cut or intersection of more than ten
feet(10') in a manner that would reasonably be expected to increase the problems
of traffic circulation or public utilities, or that would cause a significant negative
impact upon the buffer or open space scheme.
4. A reduction of more than five percent (5%) in approved open
space.
5. An increase of more than five percent (5%) in the total number of
dwelling units to be developed on the SUBJECT PROPERTY.
The term "dwelling units", "residential units", "units" or any similar term used in
this Agreement shall have the meaning set forth in the Municipal Code.
7. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS
and DEVELOPER agree that any extension and/or construction of the utilities and public
improvements shall be performed in accordance with existing CITY subdivision regulations, as
varied by this Agreement, substantially in accordance with the Approved Plans. The CITY shall
have the sole responsibility for obtaining (i) any and all off-site easements for water distribution,
storm sewers and/or sanitary sewer lines along and , and (ii) sole
responsibility for the construction of and payment for any and all off-site street improvements,
watermains, storm detention lines and sanitary sewer lines as outlined in Exhibit"C".
8. WATER UTILITIES. CITY represents and warrants to OWNER and
DEVELOPER as follows:
CH199 4398143-3.001319.0242 -10-
A. The CITY owns and operates a water distribution system within the CITY for
water distribution.
B. That the CITY system has sufficient capacity to provide potable water and fire
protection to the SUBJECT PROPERTY, such service to be substantially the
same as provided to other areas in the CITY being provided with water by the
CITY.
C. That the CITY has constructed and will maintain a water storage tower
contiguous to the SUBJECT PROPERTY to service the SUBJECT PROPERTY
and other parcels within the CITY.
D. That there are no administrative, judicial, or legislative action pending or being
threatened that result in a reduction of, or limitation upon, any Parties' right to use
and connect to the water distribution system.
9. SANITARY SEWER FACILITIES. The CITY agrees, represents and wan-ants
to DEVELOPER as follows:
A. That it owns and operates a sanitary sewer system within the CITY for sewage
disposal.
B. That the CITY system has or will have sufficient capacity to provide sanitary
sewer service to the SUBJECT PROPERTY, such service to be substantially the
same as provided to other areas in the CITY being provided with sanitary sewer
by the CITY.
C. That the SUBJECT PROPERTY is within the Facility Planning Area of
Yorkville.
CHI99 4398143-3.001319.0242 -11-
D. That the (Add Name of Joint Cost Agreement) attached hereto
as Exhibit"D" and incorporated herein is in full force and effect and is the legally
binding agreement of the Parties thereto and will be timely enforced by the CITY,
including by litigation if necessary.
E. That there are no administrative, judicial, or legislative action pending or being
threatened that result in a reduction of, or limitation upon, any Parties' right to use
and connect to the sanitary sewer system.
10. WETLANDS AND DETENTION. The CITY agrees, represents and warrants
to DEVELOPER that it shall provide and maintain sufficient stormwater detention capacity on
all or any part of the SUBJECT PROPERTY which is dedicated or conveyed to the CITY
consistent with the terms of this Agreement, to perpetually service all or any part of SUBJECT
PROPERTY all at no cost or expense to the DEVELOPER. The CITY shall construct, in a
timely manner so as to allow for the immediate and prompt development of all or any part of the
SUBJECT PROPERTY, a regional detention facility within the SUBJECT PROPERTY
("Regional Detention Facility") on those parcels identified on the Approved Plans. The
Regional Detention Facility shall be designed, constructed and maintained by the CITY in
accordance with the Approved Plans to service no less than nineteen hundred (1900) acres which
shall always include all of the SUBJECT PROPERTY. DEVELOPER shall be entitled, at no
cost or expense to DEVELOPER, to the uninterrupted and continuing use of the Regional
Detention Facility for the benefit of the SUBJECT PROPERTY and for the benefit of any other
properties which Developer may own, control or develop within such parcels identified by the
CITY to be within the nineteen hundred (1900) acres area to be serviced by the Regional
Detention Facility. The Regional Detention Facility shall be conveyed by DEVELOPER
CHI99 4398143-3.001319.0242 -12_
simultaneous with the approval by the CITY of the First Final Plat of Subdivision for any part of
the SUBJECT PROPERTY.
Any other term of this Agreement to the contrary notwithstanding, the CITY shall issue
all permits and provide all approvals and assistance for the development of the SUBJECT
PROPERTY as contemplated by this Agreement notwithstanding the fact that the CITY has not
commenced or completed the construction of an operational Regional Detention Facility, so long
as DEVELOPER creates a swale as depicted on Exhibit"E" leading to a current existing culvert
existing under Galena Road so as to facilitate the movement of water into the area reflected on
Exhibit"F".
Without limiting, amending or modifying any rights of DEVELOPER under this
Agreement, in the event the Regional Stonnwater Facility is not in place and operational for the
benefit of the SUBJECT PROPERTY on or before DEVELOPER,
following fifteen (15) days prior written notice to the CITY, may in DEVELOER's sole and
absolute discretion, construct or cause to be constructed such portion of the Regional Detention
Facility as may be required, in DEVELOPER's sole and absolute discretion, to service the
development and improvement of the SUBJECT PROPERTY as contemplated by this
Agreement. In such event, DEVELOPER shall receive a setoff as against any and all fees due
the CITY or any other governmental agency in connection with the development and
improvement of the SUBJECT PROPERTY until such cost, including what is known in the
industry as "soft costs", are paid in full together with interest on any amounts so expended at the
Prime Rate of Interest published, from time to time, by The Wall Street Journal plus four percent
(4%), measured from the date of the expenditure until such amount is paid in full.
CH199 4398143-3.001319.0242 -13-
If the CITY elects, at its sole and absolute discretion, to create upon all or any part of the
SUBJECT PROPERTY which is dedicated or conveyed to the CITY consistent with the terms of
this Agreement a "Wetland Mitigation Bank" pursuant to the principles, policies and
procedures set forth in the United States Environmental Protection Agency's Federal Guidance
for the Establishment, Use and Operation of Mitigation Banks, 60 Fed. Reg. 58,605 (November
28, 1995), or any other existing or future guidance, rule, or other publication relating directly or
indirectly to the restoration, creations, enhancement, or preservation of wetlands for the purpose
of providing compensation for adverse impacts to wetlands and other aquatic resources. To the
extent that a Wetlands Mitigation Bank is created in whole or in part, on the SUBJECT
PROPERTY,the CITY shall reserve and make available within the Wetland Mitigation Bank up
to ten (10) acres of capacity and Credit for the benefit of the SUBJECT PROPERTY, at no cost
or expense to DEVELOPER. The Wetland Mitigation Bank shall also be available to any other
property owned, controlled or developed by DEVELOPER within five (5) miles from the outer
extremity of the Wetland Bank at no cost or expense to DEVELOPER so long as any such
property is within the corporate limits of the CITY. DEVELOPER shall be entitled to all rights
associated with any and all mitigation bank credits (the "Credits") assigned to ten (10) acres of
such Wetlands Mitigation Bank, and shall be entitled to use such Credits for any purpose
consistent with applicable law. DEVELOPER shall have the right, in its sole discretion, to select
any ten (10) acre portion, which need not be contiguous, of the Wetlands Mitigation Bank for
which it will be entitled to the use of Credits pursuant to this Agreement.
11. SECURITY INSTRUMENTS.
A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be
deposited, with the CITY surety bonds ("Security Instrument(s)") to guarantee
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completion and maintenance of the public improvements to be constructed as a
part of the development of each Phase of Development as are required by
applicable ordinances of the CITY, the DEVELOPER having elected to provide
surety bonds consistent with Illinois law. To the extent that a Special Service
Area has been established and bonds have been issued generally consistent with
the provisions of Paragraph 27 hereof, no Security Instrument or guarantee shall
be required to be deposited by DEVELOPER with the CITY with respect to those
improvements included within such bond proceeds. The DEVELOPER shall
have the sole discretion, subject to compliance with Illinois Compiled Statutes, as
to whether an irrevocable letter of credit or surety bond will be used as the
Security Instruments. The amount and duration of each Security Instrument shall
be as required by applicable ordinances of the CITY and shall relate only to those
matters directly covered by each Security Instrument. The Security Instruments
shall not provide for or be cross defaulted or collateralized and shall be treated
and returned or reduced in accordance with this Agreement notwithstanding any
issues, disputes or entitlements as to any other Security Instrument. The
Corporate Authorities upon recommendation by the CITY Engineer, shall from
time to time approve a reduction or reductions in the Security Instruments by an
amount not in excess of eighty five percent (85%) of the value certified by the
CITY Engineer of the completed work, so long as the balance remaining in the
Security Instruments is at least equal to one hundred ten percent (110%) of the
cost to complete the remaining public improvements for the applicable Phase of
Development. If the DEVELOPER chooses to use a Special Service Area as a
CH199 4398143-3.001319.0242 -15-
primary funding mechanism for the installation of public improvements, per
United City of Yorkville's Resolution No. 2002-04, the OWNERS and
DEVELOPER shall not be required to post any irrevocable letters of credit or
surety bonds to guarantee the installation of those public improvements. Any
public improvements installed by the OWNER and DEVELOPER as part of a
special service area shall require OWNER and DEVELOPER to post a one-year
maintenance bond equal to ten percent (10%) of the CITY engineer's reasonable
opinion of probable cost after acceptance by the CITY of said public
improvements.
In the event DEVELOPER has deposited a Security Instrument with the CITY
and the improvements covered by such Security Instrument are subsequently
included in the Special Service Area and bonds issued generally consistent with
the provisions of Paragraph 27 hereof, any such Security Instrument shall be
returned to DEVELOPER within thirty (30) days of such bond issuable or
reduced by the amount covered by such Security Instrument which is included in
such bond.
Perimeter roadways and onsite improvements may be dedicated, constructed,
and/or bonded as independent Phases of Development at the sole discretion of the
DEVELOPER.
B. Acceptance off Underground Improvements and Streets. Upon completion and
inspection of underground improvements, streets, and/or related improvements in
each Phase of Development; and acceptance by the Corporate Authorities upon
recommendation by the CITY Engineer, OWNERS and DEVELOPER shall be
CH199 4398143-3.001319.0242 -16-
entitled to a release or appropriate reduction of any applicable Security
Instrument, subject to a maintenance Security Instrument remaining in place for a
one year period from the date of acceptance by the CITY, in conformance with
the CITY Subdivision Control Ordinance.
The CITY shall exercise good faith and due diligence in accepting said public
improvements following OWNERS and DEVELOPER's completion thereof for
each Phase of Development in compliance with the requirements of said
ordinance, and shall adopt the resolution accepting said public improvements not
later than thirty(30) days following the approval of the"as built"plans.
C. Transfer and Substitution. Upon the sale or transfer of any portion of the
SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the
obligations secured by its Security Instruments for public improvements upon the
submittal and acceptance by the CITY of a substitute Security Instrument
approved by the CITY, securing the costs of the improvements set forth therein.
12. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC
IMPROVEMENTS. Upon completion of other public improvements not constnicted specific to
any individual neighborhood (i.e. park areas, offsite water main, homeowners association open
space areas) in each Phase of Development; and acceptance by the Corporate Authorities upon
recommendation by the CITY Engineer, OWNERS and DEVELOPER shall be entitled to a
release or appropriate reduction of any applicable Security Instrument, subject to a maintenance
Security Instrument remaining in place for a one year period from the date of acceptance by the
CITY, in conformance with the CITY Subdivision Control Ordinance.
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13. AMENDMENTS TO ORDINANCES. All and each of the Municipal Codes of
the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm
water management and drainage, comprehensive land use plan, and related restrictions, as they
presently exist, except as amended, varied, or modified by the terms of this Agreement, shall
apply to the SUBJECT PROPERTY and its development for a period of ten (10) years from the
date of this Agreement. Any amendments, repeal, or additional regulations, which are
subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT
PROPERTY except upon the written consent of OWNERS and DEVELOPER during said ten
(10) year period, which consent may be withheld in OWNERS' and DEVELOPER's sole
discretion. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period
from the date they are notified of any changes to the ordinances, regulations, and codes of the
CITY in order to comply with the new regulations. After said ten (10) year period, the
SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and
codes of the CITY in existence on or adopted after the expiration of said ten (10) year period,
provided, however,that the application of any such ordinance, regulation or code shall not result
in a reduction in the number or nature of residential building lots herein approved for the
SUBJECT PROPERTY, alter or eliminate any of the ordinance variations provided for herein,
nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being
classified as non-conforming under any ordinance of the CITY.
If, during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations affecting the zoning, subdivision, development, construction of
any improvements, buildings, appurtenances, fees or charges or any other development of any
kind or character upon the SUBJECT PROPERTY, other than those upon which Approved Plans
CH199 4398143-3.001319.0242 -18-
may be based, are amended or modified to impose less restrictive requirements on cost,
development or construction upon properties situated within the CITY's boundaries, then the
benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and
DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS
and DEVELOPER may proceed with development or construction upon the SUBJECT
PROPERTY pursuant to the less restrictive amendment or modification applicable generally to
all properties within the CITY.
14. BUILDING CODE. The building codes and related codes and regulations of the
CITY in effect as of the date of this Agreement are as set forth in Exhibit"G". These regulations
as they presently exist, except as amended, varied, or modified by the terms of this Agreement,
shall apply to the SUBJECT PROPERTY and its development for a period of ten (10) years from
the date of this Agreement. Any amendments, repeal, or additional regulations, which are
subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT
PROPERTY except upon the written consent of OWNERS and DEVELOPER during said ten
(10) year period. After said ten (10) year period, the SUBJECT PROPERTY and its
development will be subject to all ordinances,regulations, and codes of the CITY in existence on
or adopted after the expiration of said ten (10) year period; provided, however, that the
application of any such ordinance,regulation or code shall not result in a reduction in the number
or nature of residential building units herein approved for the SUBJECT PROPERTY, alter or
eliminate any of the ordinance variations provided for herein, alter the PUD standards set forth
herein, nor result in any subdivided lot, structure or units constructed within the SUBJECT
PROPERTY being classified as non-conforming under any ordinance of the CITY.
CHI99 4398143-3.001319.0242 -19-
If, during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations affecting the development and/or construction of any
improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or
modified to impose less restrictive requirements on development or construction upon properties
situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall
inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained
herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or
construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or
modification applicable generally to all properties within the CITY.
Notwithstanding the provisions of this Agreement, all national amendments, deletions, or
additions to the building codes of the CITY pertaining to life/safety considerations adopted after
the date of this Agreement which affects all land within the CITY, shall be applicable to the
SUBJECT PROPERTY upon the expiration of the twelve (12) month following the effective
date of such amendments, deletion, or addition, whether during the ten (10) years next following
the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and
DEVELOPER a twelve (12) month grace period from the date they are notified of any changes
to the building codes in order to comply with the new regulations.
15. FEES AND CHARGES.
A. During the first ten (10) years following the date of this Agreement, the CITY
shall impose upon and collect from the OWNERS and/or DEVELOPER, and their
respective contractors and suppliers at the time of the issuance of any building
permit, only those charges, costs, permit, license, tap on and connection fees and
charges, and in such amount or at such rate, as are in effect on the date of this
CHI99 4398143-3.001319.0242 _20_
Agreement and as is generally applied throughout the CITY, except as otherwise
expressly provided for in this agreement on the Fee Schedule attached hereto as
Exhibit "H" and no new, replacement or additional fees or donations of any kind
shall be applicable to the SUBJECT PROPERTY during the tenn of this
Agreement. At the expiration of this ten (10) year term, the CITY shall give the
OWNERS and DEVELOPER a one (1) year grace period from the date they are
notified of any changes to the permit, license, tap on and connection fees and
charges in order to comply with the new regulations or to elect to prepay any such
increased fees and charges for all units remaining to be built on the SUBJECT
PROPERTY.
B. Without the prior written consent of DEVELOPER, the CITY shall not:
1. Levy any special assessment, special tax or other charge against
any real or personal property within the SUBJECT PROPERTY;
2. Undertake any local improvements in, on or for the benefit of the
SUBJECT PROPERTY pursuant to the imposition of a special assessment or
special tax against the SUBJECT PROPERTY, or any portion thereof; or
3. Levy or impose additional taxes on the SUBJECT PROPERTY, in
the manner provided by law for the provision of special services to the SUBJECT
PROPERTY, or to an area in which the SUBJECT PROPERTY is located, or for
the payment of debt incurred in order to provide such special services.
C. OWNERS and DEVELOPER shall promptly pay all outside (excludes employees
of the CITY) professional fees (without markup by the CITY) incurred by the
CITY through the date the SUBJECT PROPERTY is annexed to the CITY dial
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were incurred in the preparation and administration of this Agreement, including
professional fees for engineering and legal services, upon receipt of an invoice
therefore from the CITY. All such fees shall be billed at fair and reasonable rates.
16. CONTRIBUTIONS. The CITY shall not require the OWNERS and
DEVELOPER to donate any land or money to the CITY, or any other governmental body,
except as otherwise expressly provided in this Agreement.
17. SCHOOL AND PARK DONATIONS. OWNERS and DEVELOPER shall he
responsible for making land and cash contributions to the Yorkville Community School District
#115 ("School District") as set forth herein. The cash portion of the contribution to the School
District in the amount of$ shall be paid commencing with the
building permit and shall be payable at the time of the issuance of each subsequent building
permit.
OWNERS and DEVELOPER shall be responsible for making land contributions, not
cash contributions, to the CITY for the benefit of Yorkville Park Department ("Park
Department") of that portion of the SUBJECT PROPERTY designated on the Preliminary Plat
of Subdivision in accordance with the Schedule on Exhibit "H". Any park and/or open space
shall be dedicated or conveyed subject to covenants that such parcels be forever maintained as
public parks and/or open spaces for recreational and storm water detention purposes. The parks
identified on Exhibit "I" shall be improved to include plat equipment in a range between
approximately $ and $ , each. The dedication or
conveyance of the land contribution for the benefit of the School District and Park Department
shall be made simultaneous with the approval of the Final Plat of Subdivision relating to the
CHI99 4398143-3.001319.0242 -22-
residential portion of the SUBJECT PROPERTY which is contiguous to any such school or park
site.
No additional land, money donations or payments of any kind to the School District or
the CITY for the benefit of the Park Department shall be required.
18. PROJECT SIGNS. Following the date of this Agreement and through the date
of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and
DEVELOPER shall be entitled to construct, maintain and utilize a minimum of two (2) off-site
subdivision identification, marketing and location signs each containing a maximum of thirty-
two square feet (32') at such locations within the corporate limits of the CITY as OWNERS and
DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite
Signs") subject to sign permit review and issuance by the CITY. Offsite Signs will not be
located on public fight-of-way. OWNERS and DEVELOPER shall be responsible, at its
expense, for obtaining all necessary and appropriate legal rights for the construction and use of
each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the
CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain
and utilize signage upon the SUBJECT PROPERTY as identified in Exhibit"J" attached hereto.
19. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND
CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY
(subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or
entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain
model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and
DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be
utilized for sales and construction offices for Bristol Bay. The number of such model homes and
CHI99 4398143-3.001319.0242 -23-
sales trailers and the locations thereof shall be as from time to time determined or authorized by
OWNERS and DEVELOPER.
Off-street parking shall be required for model homes when more than five (5) model
homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will
be required for each model home in a model home row, with combined required parking not to
exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and
walks will be submitted for review and approval by the CITY.
No off-street parking shall be required for individual model homes or sales trailers that
are not part of a model home row other than the driveway for such model home/sales trailer
capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for
model homes, sales trailers and for up to fifteen (15) production dwelling units for each
neighborhood, shall be issued by the CITY upon proper application thereof prior to the
installation of public improvements (provided a gravel access road is provided for emergency
vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol-
Kendall Fire Protection District.) A final inspection shall be conducted prior to the use of a
model home and water shall be made available within 300' of the model home. There shall be
no occupation or use of any model homes or production dwelling units until the binder course of
asphalt is on the street.
Subject to any other necessary governmental regulatory approval, the CITY shall permit
OWNERS and DEVELOPER, and their duly authorized representatives, to install temporary
waste water holding tanks and temporary water facilities to serve sales offices or similar
temporary structures, model buildings and up to seventy-five (75) dwelling units constructed on
the SUBJECT PROPERTY or any parcel or phase thereof, provided that each such temporary
CH199 4398143-3.001319.0242 -24-
tank and temporary water facility shall be removed and disconnected and said structures shall be
connected to the sewer or other permitted waste disposal systems, and water mains, at
OWNERS' and DEVELOPER's sole cost, at such time as sewer and water systems become
available.
OWNERS and DEVELOPER may locate temporary sales and construction trailers upon
the SUBJECT PROPERTY during the development and build out of said property, provided any
such sales trailer shall be removed within two (2) weeks following issuance of the final
occupancy permit for the SUBJECT PROPERTY. No building permit will be required by the
CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer
the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with
landscaping and elevations for the CITY's approval.
OWNERS and Developer shall have the right to operate a sales office out of the
Clubhouse which shall be located within the SUBJECT PROPERTY.
OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the
CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities,
costs and expenses incurred by or brought against all or any of the Indemnities as a direct and
proximate result of the construction of any model homes or production dwelling units prior to the
installation of the public street and water improvements required to service such dwelling unit.
OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner
for additional model homes and for initial production dwelling units in each neighborhood as the
Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The
foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for
each neighborhood.
CH199 4398143-3.001319.0242 -25-
20. CONTRACTORS TRAILERS. The CITY agrees that from and after the date
of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be
placed upon such part or parts of the SUBJECT PROPERTY as required and approved by
OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the
SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT
PROPERTY. No building permit will be required by the CITY for any trailer that will be
utilized as office space. All contractor's trailers and supply trailers shall be kept in good
working order and the area will be kept clean and free of debris. No contractor's trailers or
supply trailers will be located within dedicated right-of-way.
21. BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY.
A. The CITY agrees to issue within three (3) business days after receipt of
application to the CITY Building Department permits for the construction of any
buildings or improvements of buildings or issue a letter of denial within said
period of time informing the DEVELOPER as to wherein the application does not
conform to the stated sections of the Code. If requested by DEVELOPER,
building permits shall be issued by the CITY in stages to permit construction of
the foundation and building shell before approval of the final plans. The CITY
shall not limit the number of building permits which may be issued or the time of
issuance of building permits during the term of this Agreement.
B. DEVELOPER shall have the right to submit master building blueprints or plans
for the various types and designs and dwellings to be constructed on the
SUBJECT PROPERTY. Following the approval of any master building
blueprints or building plans, no further submission or approval of building
CHI99 4398143-3.001319.0242 -26-
blueprints or plans will be required for the issuance of a building permit for the
construction of any building pursuant to an approved master building blueprint or
building plan unless the building permit application reflects major deviations from
the approved master building blueprint or building plan.
C. The CITY agrees to issue certificates of occupancy promptly upon notification
therefore or promptly issue a letter of denial informing the applicant in writing
and specifying in detail as to what corrections are necessary as a condition to the
issuance of a certificate of occupancy and quoting the Section of the Ordinance
relied upon by the CITY in its request for correction. Failure to issue such written
denial in such time period shall constitute an approval of the application and such
certificate shall be deemed issued instanter. The CITY shall not limit the number
of Certificates of Occupancy or the time of issuance of Certificates of Occupancy
during the term of this Agreement.
Temporary occupancy permits shall be issued when adverse weather conditions
do not permit outside painting, landscaping, sidewalks, driveways, or final
grading for individual homes. Final surfacing of driveways also may be deferred
for weather conditions. Such painting, landscaping, sidewalks, grading and
driveway construction shall be accomplished or installed as soon as weather
permits. Such additional temporary permits that may be required due to adverse
weather conditions shall not be unreasonably withheld. A certificate of
occupancy shall not be required for storage of personal property in a garage.
The CITY shall grant individual occupancy permits to multi-tenant commercial
buildings or in multifamily residential buildings on a store-by-store or unit-by-
CHI99 4398143-3.001319.0242 -27-
unit basis, but no such permit shall be issued unless work on portions of such
commercial buildings or residential buildings has advanced to the point that the
individuals using the portions of such buildings for which the certificates are to be
issued will not be endangered by construction in progress and the building is safe
for the area occupied.
D. The CITY hereby agrees to issue no stop orders directing work stoppage on
buildings or other development without setting forth the section of the CITY
Municipal Code allegedly violated by OWNER, and OWNER may forthwith
proceed to correct such violations as may exist. Other work may continue on any
structure subject to a stop order after reinspection by the CITY indicates the
violation has been corrected.
22. OVERSIZING OF IMPROVEMENTS. In the event oversizing and deepening
of public improvements is hereafter requested and properly authorized by the CITY for the
purpose of serving property other than the SUBJECT PROPERTY, the CITY shall enter into a
Recapture Agreement, as defined in Paragraph 24A hereof, with OWNERS or DEVELOPER, as
the case may be, providing for the payment of the cost of such oversizing by the owners of
properties benefited by the same. The improvements which qualify as oversized and the identity
of the benefited properties shall be identified at the time of approval of Final Engineering for
each phase of development. A phase could include more than one neighborhood.
23. LIMITATIONS. In no event, including, without limitation, the exercise of the
authority granted in Chapter 65. Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed.,
shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public
CHI99 4398143-3.001319.0242 -28-
purposes, except as otherwise provided in this Agreement or identified on the Preliminary PUD
Plan.
24. RECAPTURE AGREEMENTS.
A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with
Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002
Edition, the CITY shall enter into recapture agreements with the OWNERS and
DEVELOPER for a portion of the costs of certain public improvements
constructed by OWNERS and DEVELOPER which the CITY has determined
may be used for the benefit of property ("Benefited Properties") not located
within the SUBJECT PROPERTY which will connect to and/or utilize said public
improvements. Each Recapture Agreement shall be substantially in the form as
attached hereto and incorporated herein as Exhibit "K".
B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly
provided in this Agreement, CITY represents and warrants that there are currently
no recapture agreements or recapture ordinances affecting public utilities which
will be utilized to service the SUBJECT PROPERTY which the CITY has any
knowledge of or under which the CITY is or will be required to collect recapture
amounts from OWNERS and DEVELOPER, or their successors, upon connection
of the SUBJECT PROPERTY to any of such public utilities, nor does the C l TY
have any knowledge of a pending or contemplated request for approval of any
such recapture agreement or ordinance which will effect the SUBJECT
PROPERTY.
CHI99 4398143-3.001319.0242 -29-
25. COVENANTS. The general architecture for the improvements within the
residential neighborhoods are attached hereto and described in Exhibit "L". The OWNERS and
DEVELOPER agree to adhere to any CITY wide architectural control ordinances that are in
place as of the date of this Agreement. In lieu of any architectural control ordinances adopted by
the CITY, the OWNERS and DEVELOPER agree to impose covenants, conditions and
restrictions relating to facade materials, accessory structures and other building restrictions at the
time of final plat submittal for each unit. Further, OWNERS and DEVELOPER agree to follow
the existing anti-monotony policy of the CITY regarding the exterior elevations of the buildings
such that no single-family detached homes with the same building elevations can be constructed
next to, across the Street,or catty-corner from another like building elevation.
The OWNERS and DEVELOPER shall include provisions in the covenants to provide
that the Homeowners Association shall be responsible for the maintenance of landscaping within
the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other
obligations as determined at the time of final platting and as referenced in Section 24 of this
agreement.
26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE
AREA(DSSA).
A. Homeowners Association. OWNERS and DEVELOPER shall establish through a
declaration of covenants, conditions and restrictions, one (1) or more
Homeowners Association ("Association(s)") of all lot owners within the
SUBJECT PROPERTY and a mandatory membership of all lot owners in the
Association. The Association shall have the primary responsibility and duty to
carry out and pay for the Common Facilities Maintenance through assessments
CH199 4398143-3.001319.0242 _30_
levied against all dwelling units within the SUBJECT PROPERTY. A
maintenance easement shall be established over all of the Common Facilities
located on the Final Plat for each Phase of Development for the Association that
undertakes responsibility for the Common Facilities Maintenance. The
Association will be responsible for the regular care, maintenance, renewal and
replacement of the Common Facilities including stonnwater detention areas and
without limitation, the mowing and fertilizing of grass, pruning and trimming of
trees and bushes, removal and replacement of diseased or dead landscape
materials, and the repair and replacement of fences and monument signs, so as to
keep the same in a clean, sightly and first class condition, and shall utilize the
Association to provide sufficient funds to defray the costs of such maintenance
and to establish reserve funds for future repairs and replacements.
B. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY
enacting at the time of final plat approvals a Dormant Special Service Area
("DSSA") to act as a back up in the event that the Homeowner's Association fails
to maintain the private common areas, detention ponds, perimeter landscaping
features, and entrance signage within the SUBJECT PROPERTY.
27. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY
FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. At
the OWNERS' and DEVELOPER' s request, the CITY will agree to establish a special service
area ("SSA") in an amount not less than $ or greater than $ to be
utilized as a primary funding mechanism for installation of public improvements; provided, that
portion of the SUBJECT PROPERTY zoned for commercial use, agricultural use or designated
CHI99 4398143-3.001319.0242 -3 1-
on the Preliminary PUD Plan for a clubhouse shall not be part of the SSA. The CITY and
DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for
the financing, which the CITY and DEVELOPER currently believe will consist of a special
service area pursuant to 35 ILCS 200/27-5 et seq., but which may be authorized and
implemented under other legal frameworks acceptable to the CITY and DEVELOPER. The
A
burden of the assessment is limited to and shall be paid by only those future property owners
within the SUBJECT PROPERTY. OWNER and DEVELOPER agree to establish a customer
service line and shall educate subsequent sales staff personnel and the public regarding any
special service area established pursuant to 35 ILCS 200/27-5 et seq., the cost of which shall be
included in any administrative fee associated with the special service area.
28. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the
development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any
existing utility easements and/or underground lines require relocation to facilitate the completion
of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with the Approved
Plans, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation
and relocation of such existing easements and/or utilities, however, all costs incurred in
furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted
to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently
determined to be in error or located in a manner inconsistent with the intended development of
the SUBJECT PROPERTY as reflected on the Approved Plans and in this Agreement, the CITY
shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such
easement and utility facilities located therein, which costs shall be borne by OWNERS and
DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of
CHI99 4398143-3.001319.0242 -32-
easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any
such easement and the public utilities located therein unless the relocation involves overhead
utilities. If any existing overhead utilities are required to be relocated or buried on perimeter
roads that are the responsibility of the DEVELOPER reflected on the preliminary engineering
plans, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER
and DEVELOPER's request, the CITY will make the request to have overhead utilities
relocated. In the event there is a cost to the DEVELOPER associated with burying what had
been overhead utility lines, the DEVELOPER shall have the right to make the determination us
to whether the utility lines will be buried or re-located overhead.
29. CITY'S MUNICIPAL SERVICES. In addition to the matters specifically
described in this Agreement, the CITY agrees, without additional charge, to provide the
SUBJECT PROPERTY with such municipal services as are provided generally to the public to
comparable properties located within the CITY.
30. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT
PROPERTY as a subdivision to be commonly known as the Bristol Bay Subdivision in
accordance with the Final Plat and Final Engineering approved by the CITY in accordance with
the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said SUBJECT
PROPERTY, petition to disconnect any portion or all of said property from the CITY or from
any service provided by the CITY.
31. SALE OF SUBJECT PROPERTY. It is expressly understood and agreed that
the OWNER or DEVELOPER may sell or convey all or any part of the SUBJECT PROPERTY
for the purposes of development for resale, and upon each sale or conveyance, the purchaser
shall be bound by and entitled to the benefits of this Agreement with respect to the part of the
CH199 4398143-3.001319.0242 -33-
SUBJECT PROPERTY sold or conveyed. The OWNER or DEVELOPER shall notify the CITY
of such purchase or agreement or assumption of responsibilities. A selling OWNER of all or any
portion of the SUBJECT PROPERTY, however, shall be released of its prospective obligations
under this Agreement only where:
1. Provision has been made that all improvements required by this
Agreement or CITY ordinance for the development of the portion of the
SUBJECT PROPERTY being sold will be installed and guaranteed in accordance
with this Agreement and the ordinances of the CITY; and
2. The CITY has remaining in place guarantees of performance to
assure the CITY that any development responsibilities not yet satisfactorily
completed by the OWNER or DEVELOPER anywhere on or offsite of the
SUBJECT PROPERTY will be completed; and
3. Any outstanding monetary obligations of the OWNER or
DEVELOPER due and payable to the CITY as of the time of conveyance have
been satisfied in full; and
4. There is no uncured violation of the Municipal Code or this
Agreement.
32. GENERAL PROVISIONS.
A. Enforcement. This Agreement shall be enforceable in the Circuit Court of
Kendall County by any of the Parties or their successors or assigns by an
appropriate action at law or in equity to secure the performance of the covenants
and agreements contained herein, including the specific performance of this
Agreement. This Agreement shall be governed by the laws of the State of Illinois.
CR199 4398143-3.001319.0242 -34-
B. Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon the OWNERS, DEVELOPER and their successors in title and
interest, and upon the CITY, and any successor municipalities of the CITY. It is
understood and agreed that this Agreement shall run with the land and as such,
shall be assignable to and binding upon each and every subsequent grantee and
successor in interest of the OWNERS and DEVELOPER, and the CITY. The
foregoing to the contrary notwithstanding, the obligations and duties of OWNERS
and DEVELOPER hereunder shall not be deemed transferred to or assumed by
any purchaser of an empty or improved lot or a lot improved with one or more
dwelling units who acquires the same for residential occupation, unless otherwise
expressly agreed in writing by such purchaser.
C. This Agreement contains all the terms and conditions agreed upon by the Parties
hereto and no other prior agreement, regarding the subject matter hereof shall be
deemed to exist to bind the Parties. The Parties acknowledge and agree that the
terms and conditions of this Agreement, including the payment of any fees, have
been reached through a process of good faith negotiation, both by principals and
through counsel, and represent terms and conditions that are deemed by the
Parties to be fair, reasonable, acceptable and contractually binding upon each of
them.
D. Notices. Notices or other materials which any party is required to, or may wish
to, serve upon any other party in connection with this Agreement shall be in
writing and shall be deemed effectively given on the date of confirmed facsimile
transmission, on the date delivered personally or on the second business day
CHI99 4398143-3.001319.0242 -35--
following the date sent by certified or registered mail, return receipt requested,
postage prepaid, addressed as follows:
(I) If to OWNERS or Centex Homes—Illinois Division
DEVELOPER: 2205 Point Boulevard
Elgin, Illinois 60124
Attn: Kris L. Anderson
with copies to: Centex Homes—Midwest Division
14850 Scenic Heights Road
Suite 125
Eden Prairie, MN 55344
Attn: Joel S. Reed
McDermott Will&Emery LLP
227 West Monroe Street
47th Floor
Chicago, IL 60606
Attn: Fred I. Feinstein, P.C.
(II) If to City: United City of Yorkville
Attn: City Clerk
800 Game Farm Road
Yorkville,IL 60560
Fax: (630) 553-7575
with a copy to:
or to such other persons and/or addresses as any party may from time to time
designate in a written notice to the other Parties.
E. Severability. This Agreement is entered into pursuant to the provisions of
Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the
event any part or portion of this Agreement, or any provision, clause, word, or
designation of this Agreement is held to be invalid by any court of competent
jurisdiction, said part,portion, clause,word or designation of this Agreement shall
CHI99 4398143-3.001319.0242 -36-
be deemed to be excised from this Agreement and the invalidity thereof shall not
effect such portion or portions of this Agreement as remain. In addition, the
CITY and OWNERS and DEVELOPER shall take all action necessary or
required to fulfill the intent of this Agreement as to the use and development of
the SUBJECT PROPERTY.
F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the Parties, pursuant to
applicable provisions of the CITY Code and Illinois Compiled Statutes. This
Agreement may be amended by the CITY and the owner of record of a portion of
the SUBJECT PROPERTY as to provisions applying exclusively thereto, without
the consent of the owner of other portions of the SUBJECT PROPERTY not
effected by such Agreement.
G. Conveyances. Nothing contained in this Agreement shall be construed to restrict
or limit the right of the OWNERS and DEVELOPER to sell or convey all or any
portion of the SUBJECT PROPERTY, whether improved or unimproved.
H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and
resolutions necessary to permit the OWNERS and DEVELOPER, and their
successors or assigns, to develop the SUBJECT PROPERTY in accordance with
the provisions of this Agreement, provided said ordinances or resolutions are not
contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to
execute this Agreement or to correct any technical defects which may arise after
the execution of this Agreement.
CHI99 4398143-3.001319.0242 -37-
Term of Agreement. The term of this Agreement shall be twenty (20) years as to
that portion of the SUBJECT PROPERTY not within the corporate limits of the
CITY as identified on Exhibit "A" and the maximum time permitted by Illinois
law, not to exceed twenty (20) years, as now applicable to those portions of the
SUBJECT PROPERTY previously annexed to the CITY. In the event the
annexation of the SUBJECT PROPERTY, the classification of the SUBJECT
PROPERTY for zoning purposes or other terms of this Agreement are challenged
in any court proceeding, the period of time during which such litigation is
pending, shall extend the term of this Agreement day-for-day for the date of the
filing of such action to and including the date of any final nonappealable order. In
the event construction is commenced within said twenty-year period all of the
terms of this Agreement shall remain enforceable despite said time limitation,
unless modified by written agreement of the CITY and DEVELOPER/OWNERS.
J. Captions and Paragraph Headings. The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any teen or
provision of this Agreement.
K. Recording. This Agreement shall be recorded in the Office of the Recorder of
Deeds,Kendall County, Illinois, at OWNERS and DEVELOPER's expense.
L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and
shall constitute substantive provisions of this Agreement.
CH199 4398143-3.001319.0242 -38-
M. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the
same document.
N. No Moratorium. The CITY shall not limit the number of building or other permits
that may be applied for within any approved phase due to any CITY imposed
moratorium and shall in no event unreasonably withhold approval of said permits
or approval for the Final Plat of any Phase of the subdivision. Nothing contained
herein shall affect any limitations imposed as to sanitary sewer or water main
extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol
Sanitary District, or Fox Metro Water Reclamation District or any other
governmental agency that preempts the authority of the United City of Yorkville.
O. Time is of the Essence. Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants
contained in this Agreement shall be performed in a timely manner by all Parties
hereto.
P. Exculpation. It is agreed that the CITY is not liable or responsible for any
restrictions on the CITY's obligations under this Agreement that may be required
or imposed by any other governmental bodies or agencies having jurisdiction over
the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS,
including,but not limited to, county, state or federal regulatory bodies.
Q. Exhibits. All exhibits are attached hereto and made a part hereof.
R. Approvals. When the approval of OWNERS, DEVELOPER or CITY is required
or contemplated by the terms of this Agreement, such approval shall not he
CHI99 4398143-3.001319.0242 -3 9-
unreasonably withheld, delayed or denied unless specifically provided to the
contrary in this Agreement.
S. Release of OWNERS. Subject to the provisions of Paragraph ^ of this
Agreement, at such time as the OWNERS have conveyed of all or any part of
their respective parcel to DEVELOPER, from and after the date of such
conveyance the OWNER shall not any longer be entitled to the benefits or he
responsible for the obligations set forth herein provided in no event shall any
provision which requires the OWNERS to indemnify the CITY be terminated by
such sale or conveyance.
T. Liquor Licenses. The CITY shall create and maintain available for issuance to
qualified licensees, liquor licenses which shall permit the sale and/or dispensing,
as the case may be, of alcoholic beverages in establishments that may be located
from time to time on the SUBJECT PROPERTY. Upon application, the CITY
will cause the creation of and the Mayor or the CITY, as local liquor
commissioner, will issue such licenses to establishments on the SUBJECT
PROPERTY provided that the applicant shall meet each and every provision of
the CITY's liquor control ordinance and the Liquor Control Act of 1934 (235
ILCS 5/1-1 et. seq.) relating to applications, qualifications, regulations and
restrictions for operators of establishment serving, dispensing or selling alcoholic
beverages.
U. City. When the term the CITY is used herein it shall be construed as referring to
the Corporate Authorities of the CITY unless the context clearly indicates
otherwise.
CHI99 4398143-3.001319.0242 40-
V. Facilitation of Development. It is understood and agreed that the successful
consummation of this Agreement and the development of the SUBJECT
PROPERTY in the best interests of all the Parties requires their continued
cooperation. DEVELOPER hereby evidences its intention to fully comply with
all CITY requirements, its willingness to discuss any matters of mutual interest
that may arise, and its willingness to assist the CITY to the fullest extent possible.
The CITY does hereby evidence its intent to, when requested, always cooperate in
the resolution of mutual problems, and its willingness to facilitate the
development of the SUBJECT PROPERTY, as contemplated by the provisions of
this Agreement, including but not limited to assisting DEVELOPER in obtaining
all governmental approvals or permits necessary or desirable for the development
of the SUBJECT PROPERTY in accordance with this Agreement from all
federal, state, county and other governmental or quasi-governmental entities.
including but not limited to the Illinois Department of Transportation, the Illinois
Environmental Protection Agency and/or the Army Corps of Engineers.
To the extent permitted by law, at the request of the DEVELOPER, the CITY
shall utilize its power of eminent domain to acquire such properties or rights as
may be necessary, appropriate or desirable to implement the construction and/or
operation of the SUBJECT PROPERTY, or any adjacent property owned or
controlled by DEVELOPER. DEVELOPER shall indemnify, defend and hold the
CITY harmless from and against all expenses and costs in connection with or in
any way related to the utilization by the CITY of its power of eminent domain and
in the acquisition of such properties or rights including, without limitation, the
CHI99 4398143-3.001319.0242 -41-
cost of acquisition. In the event, or during the term of this Agreement,
DEVELOPER acquires additional property contiguous to the SUBJECT
PROPERTY and petitions to annex such property to the CITY, the CITY shall
cooperate in annexing such additional property to the CITY under terms generally
consistent with the terms of this Agreement; provided, that such annexation is in
compliance with then existing applicable laws and regulations. The terms of any
annexation agreement with respect to any such properties shall be subject to the
reasonable approval of DEVELOPER and the CITY, such approval not be
unreasonably delayed or denied.
W. Electric, Gas, Telephones and Cable TV. The installation of the necessary and
appropriate onsite electric, natural gas, cable, television, and telephone services to
the SUBJECT PROPERTY shall be pursuant to the requirements of such utility
companies or pursuant to the agreement of the CITY with such entities. The
CITY agrees to cooperate with the OWNERS to permit the extension of all such
utilities along existing public right-of-ways and/or CITY owned property and
otherwise allow the extension of all necessary utilities to the SUBJECT
PROPERTY or any parcel or phase thereof.
X. All Action Taken. The CITY hereby represents and warrants to DEVELOPER
that it has taken all action required by law, including the holding of such public
hearings as may be required, to bring about the amendments and exceptions to the
CITY Zoning Ordinance, the CITY Subdivision Ordinance and other related
ordinances, and the adoption of such other ordinance amendments, exceptions and
variances, as may be necessary or proper in order to zone and classify the
CH199 4398143-3.001319.0242 -42-
SUBJECT PROPERTY, so as to enable the same to be used and developed as
contemplated herein and to enable the Parties to execute this Agreement and fully
carry out all the covenants, agreements, duties and obligations created and
imposed by the terms and conditions hereof.
Y. Agreement Mutually Prepared. This Agreement has been the subject of
negotiations and has been prepared by counsel for the CITY as well as counsel for
the DEVELOPER and OWNERS and neither shall be construed as the sole author
of this Agreement.
Z. Integration. This Agreement supersedes all prior agreements and negotiations
between the Parties and sets forth all promises, inducements, agreements,
conditions, and understandings between and among the Parties relative to the
subject matter hereof, and there are no promises, agreements, conditions, or
understandings, either oral or written, expressed or implied, between or among
them, other than as are herein set forth.
Except as herein otherwise provided, no subsequent alteration, amendment,
change, or addition to this Agreement shall be binding upon the Parties unless
reduced in writing and signed by them or their successors in interest or their
assigns.
AA. Recording Without Exhibits. This Agreement may be recorded without Exhibits
B through L, which are on file with the CITY.
CHI99 4398143-3.001319.0242 43-
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
OWNERS: CITY:
UNITED CITY OF YORKVILLE,
an Illinois municipal corporation
By: —Title: Mayor
Attest:
Title: City Clerk
DEVELOPERS:
Centex Homes
By: Centex Real Estate Corporation,
a Nevada Corporation, Managing
General Partner
Kris L. Anderson, Division Land Manager
Dated:
CHI99 4398143-3.001319.0242 44_
LIST OF EXHIBITS
Exhibit A Legal Description
Exhibit B Preliminary Planned Unit Development Plan
Exhibit C Depiction of Water Mains and Sanitary Sewer Lines
Exhibit D Form of Joint Cost Agreement
Exhibit E Depiction of Swale
Exhibit F Depiction of Culvert Under Galena Road
Exhibit G Building Codes
Exhibit H Fee Schedule
Exhibit I Depiction of Park District
Exhibit J Depiction of Signage
Exhibit K Form of Recapture Agreement
Exhibit L Depiction of the General Architecture for Improvements
CH199 4398143-3.001319.0242 -45-
PbLkiictkari'na
STATE OF ILLINOIS )
) Ss
COUNTY OF KENDALL )
ANNEXATION AGREEMENT OF YORKVILLE FARMS DEVELOPMENT AND
THE UNITED CITY OF YORKVILLE
(PRESTWICK OF YORKVILLE SUBDIVISION)
This Annexation Agreement (hereinafter "Agreement"), is made and entered into this day of
, 2005, by and between the UNITED CITY OF YORKVILLE, a municipal
corporation, hereinafter referred to as "CITY", and the owners of record YORKVILLE FARMS
DEVELOPMENT, LLC, (Hereinafter "OWNER" or "DEVELOPER" or
"OWNER/DEVELOPER").
WITNESSETH
WHEREAS, OWNER owns fee simple title to the real property which is legally described
in Exhibit "A" attached hereto, consisting of approximately 195.5 acres, more or less (hereinafter
"PROPERTY"); and
WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the
PROPERTY 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 as an R-2 Single Family Residence District; and
WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its
development pursuant to the terms and conditions of this Agreement and the Ordinances of the
CITY; and
WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts
required by law to effectuate such annexation; and
WHEREAS, it is the intent of OWNER/DEVELOPER to design a stormwater
management system for the 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 and zoning 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 PROPERTY shall be placed in a R-2 Single Family Residence District, as set forth in
the 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 (2002), 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 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 (2002) and the ordinances of the
CITY relating to the procedure for the authorization, approval and execution of this Annexation
Agreement by the CITY.
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 has or will file with the Clerk of the CITY a duly and properly executed petition
pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002) to annex the
PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville.
CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably
practical.
2. ZONING.
A. Contemporaneously with the Annexation of the 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 R-2 Single Family
Residence District.
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, and from time to time
amended as, the same shall be applied to the property as duly passed by the UNITED CITY OF
YORKVILLE.
D. Concept Plan. The CITY hereby approves the Concept Plan attached hereto as Exhibit
C, prepared by Smith Engineering Consultants dated , 2005.
3. ANNEXATION TO SANITARY DISTRICT
A. 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.
B. OWNER/DEVELOPER shall cause the PROPERTY to be annexed to the Yorkville-
Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and
connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation
of sanitary sewer lines to service the PROPERTY and the connection of such sanitary sewer lines
to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with
the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall
fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required
from time to time by both federal and state law, including, without limitation, the Illinois
Environmental Protection Act, permitting the construction and connection of the sanitary sewer
lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each
Phase of Development of the PROPERTY. The sanitary sewer mains constructed by
DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter
("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take
ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement
and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches
in diameter("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of
and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of
said Small Lines following the city's acceptance thereof, which acceptance shall not be
unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY to the
sanitary sewer lines adjacent to the PROPERTY until such time as the proposed Rob Roy Creek
Interceptor is available at the property line of the PROPERTY. The DEVELOPER agrees to
cooperate with the City regarding the Rob Roy Creek Sanitary Sewer Interceptor project.
4. WATER
The CITY shall provide adequate potable water in sufficient quantities and pressure to
serve the needs of the PROPERTY.
5. DONATIONS AND CONTRIBUTIONS.
A. The DEVELOPER shall pay Dollars ($ ) as School
Transition fees per residential dwelling unit in said PROPERTY as voluntarily agreed to by
DEVELOPER to the Yorkville Community School District #115; City Development fees of
Dollars ($ ) per residential dwelling unit shall be paid by
DEVELOPER at the time of building permit issuance; the Municipal Building Fee of
dollars ($ ) per unit payable at final plat recording, as well as
other published fees to the CITY in conformance with City Ordinances or as modified herein,
including but not limited to City Reimbursement of Consultants and of Review Fee Ordinances,
Municipal Building Fees, City Land-Cash Ordinance, and other such fees to the CITY in
conformance with the City Ordinances or as modified from time to time herein. Said Transition,
Development, and other fees shall be paid per single-family residence concurrent with and prior to
the issuance of each respective single-family building permit. Said fees are being paid voluntarily
and with the consent of DEVELOPER based upon this contractual agreement voluntarily entered
into between the parties after negotiation of this Agreement. DEVELOPER knowingly waives any
claim or objection as to amount of the specific fees negotiated herein voluntarily.
B. DEVELOPER shall pay all school and park land-cash fees or provide land dedication
as required under existing City Ordinances at the election of the CITY.
1. DEVELOPER agrees to dedicate to the City a Site at the location and acreage amount
as shown on the Concept Plan attached hereto and incorporated herein by reference as "Exhibit
C", for which DEVELOPER shall receive a park donation credit in equal amount.
2. CITY agrees to accept ownership of and to forever maintain the proposed trail system
within the PROPERTY.
3. In order to provide for the maintenance of the Subdivision signage, common areas
and open space, in the event the Homeowner's Association fails to so maintain, OWNER agrees to
execute a consent to the creation of a dormant Special 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, as to common subdivision signage, storm
water management or other common areas of the subdivision.
4. Any contributions for Land/Cash for Schools and/or Parks not satisfied by land
donations shall be made up with cash contributions for the difference in value or in kind
improvements within the parks and/or construction of bicycle paths.
C. In the event the CITY requires DEVELOPER to oversize water mains, sanitary sewer
mains, storm sewer lines, or other improvements such as roads that benefit other properties, 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 perform any oversizing or additional
road improvements.
D. Upon annexation, police protection, 911 service, and library service will be provided
by the City at no charge to the Developer.
E. The DEVELOPER shall pay a Fire District Fee of Dollars
($ ) per home. One half of said fee ($ ) per unit shall be due and payable for the
first phase of the development in a lump sum at the time of final plat recording. The balance for
additional phases, if any, shall be paid on or before , 2005.
6. SECURITY INSTRUMENTS.
DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable
letters of credit or surety bonds ("Security Instruments") on the standard forms of the City, to
guarantee completion and maintenance of the public improvements to be constructed as a part of
the development of each Phase of Development as are required by applicable ordinances of the
CITY. The DEVELOPER shall have the sole discretion as to whether an irrevocable letter of
credit or surety bond will be used as the security instruments. The amount and duration of each
Security Instrument shall be as required by applicable ordinances of the CITY. The City Council
upon recommendation by the City Engineer, may from time to time approve a reduction or
reductions in the Security Instruments by an amount not in excess of eighty five (85%) of the
value certified by the City Engineer of the completed work, so long as the balance remaining of
the completed work, so long as the balance remaining in the Security Instruments is at least equal
to one hundred ten percent(110%) of the cost to complete the remaining public improvements for
the applicable Phase of Development.
Security for construction of perimeter roadways and onsite improvements may be
dedicated, constructed, and/or bonded as independent Phases of Development at the sole
discretion of the DEVELOPER.
7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS
The public improvements constructed as a part of the development of each phase of
development shall be accepted by the CITY pursuant to the provisions of the Subdivision
Ordinance. The City shall exercise good faith and due diligence in accepting said public
improvements following DEVELOPER'S completion thereof for each phase of development in
compliance with the requirements of said ordinance; and the City Engineer shall make his
recommendation to the City Council not later than thirty (30) days from the date of
DEVELOPER'S request for approval of any public improvements.
8. OVERSIZING.
In the event DEVELOPER is required to oversize and/or deepen 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 DEVELOPER within 30 days
of any other parcel of real property connecting to said improvements, for DEVELOPER'S costs of
oversizing said lines including costs for deepening said lines and any engineering fees, and other
costs associated therewith. In the event 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 DEVELOPER and including the service area
effected.
In the event any said oversizing is required, the CITY and 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.
DEVELOPER agrees to hold the CITY harmless and indemnify the CITY from any
liability as a result of any recapture imposed.
9. AMENDMENTS TO ORDINANCES
All ordinances, regulations, and codes of the CITY, including without limitation those
pertaining to subdivision controls, zoning, storm water management, drainage, and building code
requirements, (so long as they do not affect the City's International Standards Organization (ISO)
insurance rating), and related restrictions, as they presently exist, except as amended, varied, or
modified by the terms of this Agreement, shall apply to the PROPERTY and its development if
universally applied to all property in the CITY, shall also apply to the PROPERTY for a period of
five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes
shall apply to the PROPERTY after a period of seven (7) years from the date of this
AGREEMENT. Any amendments, repeal, or additional regulations, which are subsequently
enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the
written consent of DEVELOPER during said seven (7) year period. Any Agreements, repeal, or
additional regulations which are subsequently enacted by the CITY shall not be applied to the
development of the PROPERTY except upon the written consent of DEVELOPER during said
seven (7)year period. After said seven (7) year period, the PROPERTY and its development will
be subject to all ordinances,regulations and codes of the CITY in existence on or adopted after the
expiration of said seven (7) year period, provided, however, that the application of any such
ordinance, regulation or code shall not result in a reduction in the number of residential building
lots herein approved on the Concept Plan for the PROPERTY, alter or eliminate any of the
ordinance variations, modifications or departures provided for herein, nor result in any subdivided
lot or structure constructed within the PROPERTY being classified as non-conforming under any
ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is
required to modify, amend or enact any ordinance or regulation and to apply the same to the
PROPERTY pursuant to the express and specific mandate of any superior governmental authority,
and applicable generally within the CITY and not specifically to the PROPERTY, such ordinance
or regulation shall apply to the PROPERTY and be complied with by DEVELOPER, provided,
however, that any so-called "Grandfather" provision contained in such superior governmental
mandate which would serve to exempt or delay implementation against the PROPERTY shall be
given full force and effect. Furthermore, provided that the amended regulation is applicable and
enforced generally and uniformly in the CITY. Nothing herein shall be construed as to prevent
OWNER or DEVELOPER from contesting or challenging any such mandate of any superior
governmental authority in any way legally possible, including, without limitation, by challenging
such mandate on its face or as applied to the PROPERTY in any administrative or judicial forum
having jurisdiction at developer's sole cost.
Notwithstanding any of the terms or provisions of this Agreement, however, no change,
modification or enactment of any ordinance, code or regulation so long as they do not affect the
CITY'S ISO insurance rating, shall be applied during said seven(7)year period so as to: (i) affect
the zoning classification of the PROPERTY or any Parcel or Phase thereof; (ii) affect the city's
Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage
requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in
this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or its
assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with this
Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the
provisions hereof or other terms and provisions of this Agreement, OWNER, shall comply in all
respects with the conditions and requirements of all ordinances of the CITY, applicable to the
PROPERTY and all property similarly situated and zoned within the CITY as such ordinances
may exist from time to time subsequent to the annexation to the CITY, provided, however,
notwithstanding any other provision of this Agreement, if there are ordinances, resolutions,
regulations, or codes or changes thereto which are less restrictive in their application to similarly
situated and zoned lands, then DEVELOPER, at its election, shall be entitled to application of
such less restrictive ordinances, regulations and/or codes to the PROPERTY and any parcel or
phase thereof.
DEVELOPER and all successor developers of the PROPERTY or any parcel or phase
thereof shall be entitled to take advantage immediately of any subsequently adopted amendments
to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are
less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of
this Agreement so long as such less restrictive provisions do not frustrate the purpose of this
Agreement or the intent of the parties relative to the development of the PROPERTY or any
parcel or phase thereof. In the event of any conflict between the provisions of this Agreement
(including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the
CITY, the provisions of this Agreement(and the exhibits hereto) shall control over the provisions
of any ordinances, codes,regulations and resolutions of the CITY.
10. RECAPTURE
DEVELOPER understands and agrees that it is liable to the CITY for water and sanitary
sewer previously installed by the CITY that serves the PROPERTY. DEVELOPER shall pay
$ per each building permit to fully reimburse the CITY. In the event that any lots
within the PROPERTY are served by the proposed Rob Roy Creek sanitary sewer a credit for said
lots shall be given to the DEVELOPER.
11. FEES AND CHARGES.
During the first four (4)years following the date of the Agreement, the CITY shall impose
upon and collect from DEVELOPER, and their respective contractors and suppliers, only those
permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are
in effect on the date of this Agreement and as is generally applied throughout the CITY, except as
otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made
a part hereof as Exhibit "F". At the expiration of this four year term, the CITY shall give the
OWNERS and/or DEVELOPER a one (1)year grace period from the date they are notified of any
changes to the permit, license, tap on and connection fees and charges in order to comply with the
new regulations.
12. CONTRIBUTIONS.
The CITY shall not require the OWNERS and DEVELOPER to donate any land or money
to the CITY or any other governmental body, except as otherwise expressly provided in this
Agreement, except the Forest Preserve District.
13. PROJECT SIGNS.
Following the date of this Agreement and through the date of the issuance of the final
occupancy permit for the PROPERTY, DEVELOPER shall be entitled to construct, maintain and
utilize offsite subdivision identification, marketing and location signs at such locations within the
corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and
collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY.
OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and
appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite
sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs,
DEVELOPER shall be permitted to construct, maintain and utilize signage upon the PROPERTY
as identified in Exhibit"G" attached hereto.
14. MODEL HOMES,PRODUCTION UNITS. SALES TRAILERS.
During the development and build out period of the PROPERTY (subsequent to final plat
approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may
construct, operate and maintain model homes and sales trailers within the PROPERTY staffed
with developer's, or such other person's or entity's, sales and construction staff, and may be
utilized for sales and construction offices for the PROPERTY. The number of such model homes
and sales trailers and the locations thereof shall be as from time to time determined or authorized
by the DEVELOPER.
Off-street parking shall be required for model homes when more than five (5) model
homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will
be required for each model home in a model home row, with combined required parking not to
exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and
walks will be submitted for review and approval by the CITY.
No off-street parking shall be required for individual model homes or sales trailers that are
not part of a model home row other than the driveway for such model home/sales trailer capable
of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model
homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood,
shall be issued by the CITY upon proper application thereof prior to the installation of public
improvements (provided a gravel access road is provided for emergency vehicles and upon
submission of a temporary hold harmless letter to the CITY and the Bristol-59844/5
14 Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a
model home and water shall be made available within 300' of the model home. There shall be no
occupation or use of any model homes or production dwelling units until the binder course of
asphalt is on the street, and no occupation or use of any production dwelling units until the water
system and sanitary sewer system needed to service such dwelling unit are installed and
operational.
DEVELOPER may locate temporary sales and construction trailers upon the PROPERTY
during the development and build out of said property, provided any such sales trailer shall be
removed within one (1) week following issuance of the last occupancy permit for the
PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as
office space. Prior to construction of the sales trailer DEVELOPER shall submit an exhibit of the
sales trailer site with landscaping and elevations for the City's approval.
DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the
Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses
incurred by or brought against all or any of the Indemnities as a direct and proximate result of the
construction of any model homes or production dwelling units prior to the installation of the
public street and water improvements required to service such dwelling unit. DEVELOPER shall
be permitted to obtain building permits in the same manner for additional model homes and for
initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for
each such neighborhood is approved by the CITY. The foregoing indemnification provision shall,
in such case, apply for the benefit of Indemnities for each phase.
15. CONTRACTORS TRAILERS.
The CITY agrees that from and after the date of execution of this Agreement, contractor's
and subcontractor's supply storage trailers may be placed upon such part or parts of the
PROPERTY as required and approved by the DEVELOPER for development purposes. Said
trailers may remain upon the PROPERTY until the issuance of the last final occupancy permit for
the PROPERTY. A building permit will be required by the CITY for any trailer that will be
utilized as office space. All contractor's trailers and supply trailers shall be kept in good working
order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers
will be located within dedicated right-of-way.
16. ONSITE EASEMENTS AND IMPROVEMENTS.
In the event that during the development of the PROPERTY, DEVELOPER determines
that any existing utility easements and/or underground lines require relocation to facilitate the
completion of Developer's obligation for the PROPERTY in accordance with the Concept Plan,
the CITY shall fully cooperate with the DEVELOPER in causing the vacation and relocation of
such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be
borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of
the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with
the intended development of the PROPERTY as reflected on the Concept Plan and in this
Agreement, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such
easement and utility facilities located therein, which costs shall be borne by the DEVELOPER.
Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the
DEVELOPER shall pay for the cost of design and relocation of any such easement and the public
utilities located therein unless the relocation involves overhead utilities. If any existing overhead
utilities are required to be relocated or buried on perimeter roads that are the responsibility of the
DEVELOPER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon the
developer's request, the CITY will make the request to have overhead utilities relocated and will
make the relocation of such utilities a CITY run project. In the event there is a cost to the
DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER
shall have the right to make the determination as to whether the utility lines will be buried or re-
located overhead.
The CITY hereby grants any necessary variances to the CITY subdivision and/or
Improvement ordinances as they relate to street block lengths in order to conform with the
proposed preliminary plat.
The CITY agrees to allow up to six feet (6') of bounce in any stormwater management
facility.
17. MASS GRADING.
Pursuant to the existing CITY ordinance on the date of execution of this Agreement, the
CITY agrees to allow the DEVELOPER to begin mass earthwork before final plat approval, but
only after review and approval of the final engineering grading plan for the PROPERTY.
DEVELOPER agrees to post any necessary bond for said work with the CITY prior to
commencement of operations.
18. 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.
19. NOTICES AND REMEDIES.
Nothing contained herein shall require the original named OWNERS in this Agreement to
undertake any of the development obligations in this Agreement; those obligations being the
responsibility of the DEVELOPER of the PROPERTY and/or future OWNER/ DEVELOPER of
the 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
perform, state the obligation allegedly not performed and the performance demanded.Notice shall
be provided at the following addresses:
CITY: UNITED CITY OF YORKVILLE
800 Game Farm Road
Yorkville,IL 60560
Attn: Mayor
Copy to: CITY Attorney
Daniel J.Kramer
1107A S. Bridge St.
Yorkville, IL 60560
DEVELOPER: Yorkville Farms Development,LLC
1650 South Parker Rd.
Homer Glen, IL 60491
DEVELOPER'S: James Olguin, attorney
Goldstine, Skrodzki, Russian,Nemec &Hoff, Ltd.
835 McClintock Drive, Second Floor
Burr Ridge, Illinois 60527-0860
Telephone(630) 655-6000
Facsimile(630) 655-9808
20. 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.
21. 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.
22. GENERAL PROVISIONS.
A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall
County by any of the parties or their successors or assigns by an appropriate action at law or in
equity to secure the performance of the covenants and agreements contained herein, including the
specific performance of this Agreement. This Agreement shall be governed by the laws of the
State of Illinois.
B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding
upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY,
and any successor municipalities of the CITY. It is understood and agreed that this Agreement
shall run with the land and as such, shall be assignable to and binding upon each and every
subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY.
The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and
DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a
empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation,
unless otherwise expressly agreed in writing by such purchaser.
C. Terms and Conditions. This Agreement contains all the terms and conditions agreed
upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall
be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and
conditions of this Agreement, including the payment of any fees, have been reached through a
process of good faith negotiation, both by principals and through counsel, and represent terms and
conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually
binding upon each of them.
D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65,
Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002). In the event any part or portion of this
Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid
by any court of competent jurisdiction, said part, portion, clause, word or designation of this
Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not
effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS
and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement
as to the use and development of the PROPERTY.
E. Agreement. This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties, pursuant to applicable
provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by
the CITY and the owner of record of a portion of the PROPERTY as to provisions applying
exclusively thereto, without the consent of the owner of other portions of the PROPERTY not
affected by such Agreement.
F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or
limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the
PROPERTY,whether improved or unimproved.
G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and
resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns,
to develop the PROPERTY in accordance with the provisions of this Agreement, provided said
ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and
City Clerk to execute this Agreement or to correct any technical defects which may arise after the
execution of this Agreement.
H. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the
event construction is commenced within said twenty-year period all of the terms of this
Agreement shall remain enforceable despite said time limitation, unless modified by written
agreement of the CITY and DEVELOPER/OWNERS.
I. Captions and Paragraph Headings. The captions and paragraph headings used herein
are for convenience only and shall not be used in construing any term or provision of this
Agreement.
J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds,
Kendall County,Illinois, at OWNERS and developer's expense.
K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and
the exhibits attached hereto, are incorporated herein by this reference and shall constitute
substantive provisions of this Agreement.
L. Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original,but all of which together shall constitute one and the same document.
M. Time is of the Essence. Time is of the essence of this Agreement and all documents,
agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement
shall be performed in a timely manner by all parties hereto.
N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions
on the city's obligations under this Agreement that may be required or imposed by any other
governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY, the
DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory
bodies.
23. 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.
IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day
and year first above written.
CITY:
THE UNITED CITY OF YORKVILLE
By:
MAYOR
Attest:
CITY CLERK
RECORD OWNER/DEVELOPER
YORKVILLE FARMS DEVELOPMENT,LLC
BY:
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1836 Yorkville, Illinois 60560
�� Telephone: 630-553-4350
04 Ii`if p Fax: 630-553-7575
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STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE No. 2005-
ORDINANCE AMENDING CITY CODE SECTION 8-11-9B3
REGARDING THE LENGTH OF PERMITTED TIME TO DISPLAY
INFLATABLE BALLOONS AS SIGNS FOR GRAND OPENINGS
Whereas the United City of Yorkville has taken up, discussed and considered
amending it's ordinance regarding the duration of temporary sign permits specifically
"inflatable balloons" as signs, and
Whereas the Mayor and City Council have discussed that it may be prudent to
amend Section 8-11-9B3 by increasing the duration for the display of Inflatable Balloons
(for grand openings, only) from"72 hours"to "14 days" as depicted on the attached
Exhibit "A".
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made,
seconded and approved by a majority of those so voting, that Section 8-11-9B3 of the
City Code of the United City of Yorkville is hereby amended by increasing the length of
time for the duration for Inflatable Balloons from 72 hours to 14 days, as depicted on the
attached Exhibit "A"
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois,this Day of , A.D. 2005.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2005.
ATTEST:
CITY CLERK •
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
CA
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO: 2005-
RESOLUTION APPROVING MAYOR PRO TEM POLICY
WHEREAS,the Mayor and City Council deem it in the best interest of the United City of
Yorkville to develop a Mayor Pro Tern Policy; and
WHEREAS, the purpose of such a policy is for the Council of Alderpersons to elect one
of its members to act as Mayor Pro Tern in the event of a temporary absence or a disability
causing the Mayor to be incapacitated from the performance of his duties;
WHEREAS, after extensive study and review, the City Staff, Mayor and City Council
developed a Mayor Pro Tern Policy which is attached hereto as Exhibit"A";
NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE,
upon motion duly made, seconded, and approved by a majority of those Aldermen voting,that
the City hereby adopts the United City of Yorkville Mayor Pro Tern Policy attached hereto as
Exhibit "A".
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of , 2005.
Mayor
Page 1 of 2
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of 2005.
City Clerk
Prepared by:
City Clerk's Office
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
630/553-4350
Fax: 630-553-7575
Page 2 of 2
ctiD ciTY
Jz� 31' o4+ United City of Yorkville
'` =
d ' Mayor Pro Tem Policy — 2/22/05
EST ,836
09 , O
4.
MAYOR PRO TEM.
(A) There is created the office of Mayor Pro Tern for the City.
(B) In the event of a temporary absence, or a disability causing the Mayor of the City to
be incapacitated from the performance of his duties, but which by law does not create a vacancy
in the office of Mayor,the Council of Alderpersons shall elect one of its members to act as
Mayor Pro Tern. The Mayor Pro Tern, during the absence or disability of the Mayor, shall
perform the duties and possess all the rights and powers of the Mayor.
(C) The selection of a Mayor Pro Tem shall be made on an annual basis at the first City
Council meeting in May. The Council of Alderpersons shall vote to elect one of its members
Mayor Pro Tem. No member may be elected as Mayor Pro Tern for two consecutive years.
However,the Mayor Pro Tern shall not act as Mayor Pro Tern unless and until the Mayor is
temporarily absent or is disabled to an extent so as to incapacitate him from the performance of
his duties.
(D) In the event the Mayor fails to attend a meeting of the City Council,the Mayor Pro
Tern shall act as a temporary chairman for the meeting of the City Council, and while so serving
as temporary chairman, shall have only the power of a presiding officer and a right to vote in his
capacity as Alderperson on any ordinance, resolution, or motion.
Statutory reference:
Mayor pro tem, see ILCS Ch. 65, Act 5 § 3.1-35-35
MINUTES OF THE SPECIAL MEETING OF THE DRAFT
CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY,ILLINOIS,
HELD IN THE CITY HALL CONFERENCE ROOM,
800 GAME FARM ROAD ON
TUESDAY.FEBRUARY 15,2005.
Mayor Prochaska called the meeting to order at 7:05 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Sticka Present
Ward II Burd Present
Kot Present
Ward III Ohare Present
Munns Absent
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski,City Administrator Graff,City Attorney Wyeth,Police
Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham and Executive
Director of Parks&Recreation Laura Brown.
QUORUM
A quorum was established.
GUESTS
See attached list.
MAYOR'S REPORT
Mayor Prochaska explained that the purpose of the special meeting was for the consideration of
two ordinances which apply to the Countryside Shopping Center Tax Increment Financing(TIF)
District. He stated that at the last City Council meeting,the attorney for the TIF,Kathleen Orr,
was ill and the City did not receive all the documents need to approve these ordinances which are
time sensitive.These ordinances need to be approved by February 21,2005;the day before the
next scheduled regular meeting of the City Council. He noted that the first ordinance for
consideration designates the TIF area and the second authorizes tax increment allocation
financing to be used to repay bonds. He stated that at the February 8,2005 City Council meeting
the Council approved the first ordinance that established the criteria for the TIF area.
Ordinance 2005-10-B Designating the Countryside Shopping Center
a Tax Increment Financing Redevelopment Project Area
Mayor Prochaska entertained a motion to approve an Ordinance designating the U.S.Route 34
and Illinois Route 47 Countryside Shopping Center a Tax Increment Redevelopment Project Area
pursuant to the Tax Increment Allocation Redevelopment Act.So moved by Alderman Sticka;
seconded by Alderman Ohare.
Alderman Spears noted that the lights are still not on in the parking lot.The developer,Mason
Oliver,stated that the temporary lights were delivered this afternoon and will be installed
tomorrow morning. This will light the west parking lot.
Motion approved by a roll call vote. Ayes-7 Nays-0
Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye
Ordinance 2005-10-B Adopting Tax Increment Allocation Financing
for the Tax Increment Redevelopment Project Area
Mayor Prochaska entertained a motion to approve an Ordinance adopting Tax Increment
Allocation Financing for the U.S.Route 34 and Illinois Route 47 Countryside Shopping Center
Tax Increment Redevelopment Project Area.So moved by Alderman Sticka;seconded by
Alderman Besco.
Motion approved by a roll call vote. Ayes-7 Nays-0
Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye
The Minutes of the Regular Meeting of the City Council—February 15,2005-nage 2
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Sticka;seconded by
Alderman Besco.
Motion approved by a viva voce vote.
Meeting adjourned at 7:09 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville,Illinois
UNITED CITY OF YORKVILLE DRAFT
GOAL SETTING SESSION 2004
City Conference Room
Saturday, February 7, 2004— 12:00
In Attendance:
Paul James—Alderman Art Prochaska-Mayor
Larry Kot—Alderman Ken Koch—Park Board
Valerie Burd—Alderwoman Dave Cathy—Park Board
Rich Sticka—Alderman Wanda Ohare—Alderwoman
Rose Spears—Alderwoman (Arrived at 1:00 p.m.)
The meeting was called to order at 12:07 p.m. by Mayor Prochaska. Mayor Prochaska
began by asking each member their goals for the city.
I. LISTING GOALS
• Control Growth(Burd)
• Expand Police Department/Safety (Spears)
• Balance Budget(Kot)
• Infrastructure (Spears)
- Water
- Streets
- Sewers
• Expand Library(James)
• Add Bike Trails (James)
• Review/Revise Comprehensive Plan
• Create Architectural Standards
• Maintaining Our Green Space/Maintenance free Landscaping
• Begin Boundary Agreement with Joliet
• Create a Business Overlay District (Sticka)
• Strengthen Downtown Business Environment (Burd)
• Develop and Expansion of Recreational Facilities (Prochaska)
- Develop a Municipal Pool (Burd/James)
- Spray Pool
- Field House (James)
- Play Area
- Baseball Diamonds
• Securing Land for Recreational Parks
• Developing a Facility for Senior Citizens (Spears)
- Transportation for Senior Citizens and Disable(Spears)
- Look into Grants for Develop Facilities
1
• Focus on interacting and developing intergovernmental agreements with the
county and surrounding communities in order to obtain the grants and funds and
benefits(Spears)/Develop Partnerships with other entities
• Re-Design of subdivisions/Redefining development standards (James)
• Educating the Public with the benefits of developments
• Complete Facility Plan (Prochaska)
• Bring in a Waste Transfer Station(Sticka)
• Solidify the Northern Border of the City (Prochaska)
• Implementing Retail Business—Incentives(Sticka)
*Mayor is currently meeting with businesses to find out how to encourage retail
owners
• Limit the number of banks that come in because the city is unable to collect sales
tax revenues on banks
• Encourage Art/Galleries to attract people to downtown area (Burd)
• Improve Equipment to maintain our streets (Spears)
(*Mayor indicated there is a 5-year plan in existence for the Police Department,
Public Works, and Parks)
• Create a Strategic Plan/Vision (Prochaska)
• Review Land Cash Fees every six months (James)
*Mayor recommends calling it a Building Development Fee instead of Land
Cash. This is the money set aside for actually building the buildings. He cautions
not to raise the fees too high so that it costs so much to build a house that we only
get cheep houses because all the rest of the money is going to go to fees instead of
putting the money into the structure. We want to encourage high value homes
and balance the fees.
• Create a financial plan with the goal of continuing to reduce the tax rate (Kot)
*Mayor cautions to make sure it is not reduced without leaving funds for such
things as repairing roads. He states we should create a multi-year financial plan.
• Rezone some land into Yorkville
*Mayor indicated that Yorkville cannot dictate zoning
II. PRIORITIZING GOALS (Bolded are the top priority topics.)
Listed are the Council's top goals and expectations for our community.
A. Control Growth/Strategic Planning
1. Encourage Retail
2. Redefine development standards
3. Develop City-wide Architectural Standards
4. Review fees
5. Solidify Northern Boundaries
6. Begin boundary discussion with Joliet
2
B. Expand Quality of Life Issues
1. Encourage Arts and Museums
2. Maintain Greenway Buffers (trails, etc.)
3. Develop Senior/Disabled Facilities
4. Plan for Scout Camp Property
5. Expand Bike Trails
6. Secure Land for Regional Parks
7. Build New Library
8. Develop Municipal Pool
C. Expand Public Services (i.e. Public Works and Law Enforcement)
1. Complete Facility Plan (Increase Staffing)
2. Continue new and existing infrastructure improvements
3. Develop in-town Road Program (Special Project)
D. Economic Development and Expansion
1. Bring Waste Transfer Station
2. Strengthen downtown business environment
3. Riverfront Development (Develop Partnership with Others)
E. Finance
1. Create a Multi-year finance plan
2. Reduce Levy Rate
3. Maintain a Balanced Budget
III. EVALUATION OF GOALS
A. Find out who will be involved.
B. Tell what we expect from the staff
C. Determine how to transfer these goals into measurable methods for
review.
There was no further business and the meeting adjourned at 2:00 p.m.
Minute Taker—Gail Denton
Transcribed by Jeanne Arbet
3
MINUTES OF THE REGULAR MEETING OF THE DRAFT
CITY COUNCIL OF THE UNITED CITY OF YORKVILLE.
KENDALL COUNTY.ILLINOIS,
HELD IN THE CITY COUNCIL CHAMBERS,
800 GAME FARM ROAD ON
TUESDAY,FEBRUARY 8,2005.
Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Sticka Present
Ward II Burd Present
Kot Present
Ward III Ohare Present
Munns Absent
Ward IV Besco Present
Spears Present
Also present City Clerk Milschewski,City Administrator Graff,City Attorney Wyeth,Police
Chief Martin,Director of Public Works Dhuse and Executive Director of Parks&Recreation
Laura Brown.
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests
and asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Alderman Sticka asked that Item#4,Resolution Approving Swanson Lane Estates
Preliminary/Final Plat,under the Economic Development Committee Report be removed from
the agenda per the developer's request
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M.,Monday,February 28,2005
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,February 17,2005
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M.,Thursday,March 3,2005
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M.,Monday,February 10,2005
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee To be Announced
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
None.
PRESENTATIONS
None.
The Minutes of the Regular Meeting of the City Council—February 8,2005-nage 2
CONSENT AGENDA
1. Police Reports for December 2004
2. Building Permits Reports—revised August 2004,revised September 2004,October
2004,November 2004 and December 2004
3. In Town Road Program—Additional Engineering Costs-authorize contract with
Smith Engineering Consultants,Inc.for additional fees for storm sewer design related
to the outfall to the Fox River in an amount not to exceed$9,640.00 and authorize the
City Engineer to execute
4. Resolution 2005-07-Faxon Road Extension—MFT Appropriation Resolution-
authorize the Mayor and City Clerk to execute
5. Saravanos Property—Earthwork Letter of Credit Reduction#1—authorize reduction
in an amount not to exceed$73,745.08
6. Heartland Circle-Letter of Credit Reduction#2—authorize reduction in an amount
not to exceed$990,546.77
7. Kylyn's Ridge Unit 2-Letter of Credit Reduction#2-authorize reduction in an
amount not to exceed$223,188.65
8. Resolution 2005-08-Countryside Pump Station—IDOT Highway Permit Application
and Resolution-authorize the Mayor and City Clerk to execute
9. Cannonball Trail Roadway Improvements-Change Order#1—authorize increase in
an amount not to exceed$4,572.06 and authorize the Mayor to execute
10. Council Chambers Sound System Quote—authorize purchase from Thomas Alarm
Systems in an amount not to exceed$5,593.00
11. Resolution 2005-09—Authorizing a Representative to sign IEPA Public Water
Supply(Radium Compliance)Loan Documents-authorize the Mayor and City Clerk
to execute
12. Resolution 2005-10—Resolution of Intent Regarding National Flood Insurance for
TEPA Public Water Supply(Radium Compliance)Loan -authorize the Mayor and
City Clerk to execute
13. Storm Water Software and Training—authorize purchase of the HEC-HMS software
and training in an amount not to exceed$1,100.00
14. Request for Approval of Employees'Degree Program for 2005/2006 per Section 8.6
of the Employee Manual
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderman Sticka;seconded by Alderman James.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,James-aye,Kot-aye,Spears-aye,Sticka-aye,Ohare-aye,Besco-aye
PLANNING COMMISSION/ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meetings
from November 23,2004,December 28,2004,January 25,2005;IDOT Meeting from October 2,
2004 and the Committee of the Whole meetings from November 16,2004 and January 18,2005;
seconded by Alderman Ohare.
Alderman Ohare noted that she gave a few minor grammatical corrections to Clerk Milschewski
before the meeting.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated January 28,2005 totaling the following amounts:checks in the amount of
$604,585.51(vendors—revised 2/4/05);$151,592.25(payroll period ending 1/8/05);$153.224.03
(payroll period ending 1/22/05);for a total of$909,401.79;seconded by Alderman Sticks
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticks-aye
The Minutes of the Regular Meeting of the City Council—February 8,2005—nage 3
REPORTS
MAYOR'S REPORT
Ordinance 2005-10 Approving a Tax Increment Financing Redevelopment Project
and Plan for the Proposed Tax Increment Financing Area
Mayor Prochaska entertained a motion to approve an Ordinance of the United City of Yorkville,
Kendall County,Illinois approving a Tax Increment Financing Redevelopment Project for the
Proposed Tax Increment Redevelopment Area. So moved by Alderman Sticka;seconded by
Alderman James.
Alderman Spears asked when the lighting for the north area of Countryside Center was going to
be fixed. The developer,Harold Oliver,stated that temporary lighting for Senior Services would
be fixed in the next week. Alderman Spears asked when the movie theater sign was going to be
removed. Mr.Oliver stated he was not aware that the City wanted it removed but he would be
happy to have it done as soon as possible.
Mayor Prochaska noted that this ordinance creates the actual redevelopment project.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye
Library Expansion Project
Mayor Prochaska entertained a motion to approve the ratification of the contracts with Burnidge
Cassell Associates,Inc.with the Yorkville Public Library for architectural services which was
approved on December 10,2004 and to authorize the Mayor and City Clerk to execute the
contracts. So moved by Alderman Kot;seconded by Alderman Sticka.
Alderman Burd asked if the Library Board could revisit the design of the new library. She stated
she is in favor of the expansion however she was not excited about the facade of the building.
She stated that she has spoken with others who agree with her and don't like the design.
Alderman Sticka stated that the Library Board members obviously like the design because they
approved it and that he personally likes it. He also noted that pictures and a model of the addition
have been on display at the library for awhile now and he was aware if the Library Board has
received negative comments regarding the look of the building.
Alderman Ohare suggested that Alderman Burd attend a Library Board meeting to discuss her
concerns with them. Mayor Prochaska agreed with Alderman Ohare;anyone with ideas for a
different facade should present them to the Library Board.
Motion approved by a roll call vote. Ayes-7 Nays-0
Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye
Facade Committee Appointments
Mayor Prochaska entertained a motion to approve the appointment of Lynn Burks to the Facade
Committee. She will be filling the position of citizen of Yorkville who is also a member of the
Historical Society. So moved by Alderman Sticks;seconded by Alderman Burd.
Mayor Prochaska noted that Mrs.Burks term will be until 2008.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye
University of Illinois 2003 RCPI Integrity/Public Trust Initiative and Subaward
Chief Martin explained that the University of Illinois and the United City of Yorkville
collaborated on disaster planning and received an award from the U.S.Department of Justice.
The estimated amount of the subaward to the United City of Yorkville is$10,000.00. Mayor
Prochaska noted that the City was one of three pilot communities which participated in the grant
for disaster planning.
Mayor Prochaska entertained a motion to approve the award.So moved by Alderman Ohare;
seconded by Alderman Kot.
Administrator Graff stated that the City already received the award so the motion should be for
the execution of the documents.
The Minutes of the Regular Meeting of the City Council—February 8,2005-nage 4
Alderman Kot withdrew his second and Alderman Ohare withdrew the motion.
Mayor Prochaska entertained a motion to authorize the Mayor and City Clerk to sign the
authorization.So moved by Alderman Ohare;seconded by Alderman Kot
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
Newsletter
Administrator Graff reported that the newsletter should be mailed by the end of the week.
2005/2006 Budget
Administrator Graff reported that the Finance Director Traci Pleckham and City Treasurer
William Powell have advised him that the budget should be presented at the March 3,2005
Administration Committee meeting. Copies of the budget will be available in advance for the
Council's review and anyone interested was welcome to attend.
Special Census
Alderman Ohare asked Mr.Graff about the Special Census. Mr.Graff explained that the maps
were received today in reference to identifying the area. Once the area is identified,the City will
get a contract proposal and cost for the Special Census. It will be thirty to forty-five days before
the cost is determined. The cost will be presented to the Council for approval. The Special
Census should begin around August 2005.
Standard&Poor Rating
Administrator Graff reported that the preliminary rating for the TIF bond from Standard and Poor
is"A-"which was the City's previous rating. He stated that this is a good sign that the City is
financially stable.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE REPORT
No report.
EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT
Executive Director of Parks&Recreation Laura Brown reported that the Spring catalog is out.
COMMUNITY&LIAISON REPORT
Senior Providers Meeting
Alderman Spears reported that she attended the Senior Providers meeting On February 1,2005
where they discussed the resource directory they are working on. The directory will contain
information on all services available in Kendall County. Once it is done,it will be posted on the
Senior Provider Services website as well as the University of Illinois website. Other items
discussed were transportation issues,elder abuse and neglect,public awareness seminars and
workshops,free legal service available to seniors and a Valentine's Day Party being held at
Maplewood Health Center in North Aurora at 2:00 P.M.on Valentine's Day.
Appearance Code Ordinance Meeting
Alderman Burd reported that she attended the meeting for the Appearance Code Ordinance where
the City's requirement for 50%masonry on the facade of duplexes and townhomes was
discussed. The Committee suggested reducing this to a percentage of masonry for the entire
development rather than per building. They felt that requiring 50%on each building would cause
monotony. They asked the Council to consider their suggestion
Mayor Prochaska suggested that this be placed on the next Committee of the Whole meeting
agenda for further discussion.
The Minutes of the Regular Meeting of the City Council—February 8,2005—page 5
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2005-11 Amending Ordinance 2003-01 and the
2000 International Building Code and
Ordinance 2003-06 and the International Fire Code
A motion was made by Alderman Sticka to approve an ordinance amending Ordinance#2003-01
and the 2000 International Building Code and Ordinance#2003-06 and the International Code;
seconded by Alderman James.
Alderman Spears thanked ICCI'S Bill Dettmer,Barb Dettmer and Kurt Van Dahm for their
patience educating her and answering her concerns.She also thanked them for adding important
sections to the amended codes that will continue to make the United City of Yorkville one of the
strictest fire and building protection communities. She also thanked them for concurring on her
recommendation that a workshop be held along with neighboring communities to address the fire
codes.
She stated that she received information from numerous fire district professionals as well as the
January 13,2005 letter from the Bristol-Kendall Fire District Chief Hitzemann which states that
the district currently does not have a vehicle or equipment that could support an increased height
in buildings. She felt that this fact should be a concern for all voting on the amendments.
Alderman Spears read a prepared statement regarding the lack of equipment to support the
changes in the code. In conclusion,she stated that she would be voting against the ordinance.
Alderman Sticka commented that Chief Hitzemann stated that the Bristol-Kendall Fire District
fully supported the increase height restriction as long as recommended charges were added to the
ordinance. The changes were made to the code per the Fire District's recommendation.
Alderman Sticka stated he would not second guess Chief Hitzemann because he and his
firefighters are the ones who actually fight the fires. Alderman Sticks stated that this is an
important first step towards the City getting an urgent care facility.
Mayor Prochaska stated that he has worked in a field that deals with these types of codes. He
noted that buildings whether tall or big pose similar problems. Large commercial buildings pose
the same if not more danger in the event of a fire. Aerial fire trucks are used for fires in large
commercial buildings too. The fire codes are to make buildings safe and to protect lives. He
stated that the City is requiring a stricter,tougher code which will be even better when the Fire
District gets an aerial truck.
Alderman Burd stated that she spoke with the Deputy Fire Chief who assured her that within a
year the Fire District will have a ladder truck.He felt that this would happen before any building
needing this would be completed.
Alderman Kot commented that both the Fire Chief and the City's Building Inspector support this
issue and this indicates that the City is doing something right. He stated that if they did not
support it,he would not support it. He stated he believed the City was doing the right thing with
the amendments.
Alderman Spears stated that she agrees with the code and the Fire Chief however she reiterated
that the Chief did say that the district does not have a vehicle or equipment that could support the
increased height at this time. She stated that if the equipment was available,she would vote in
favor of the amendments.
Alderman Besco stated that when the Fire District came to the Council for an increase in the
impact fee from developers they mentioned the increase would be used to purchase a ladder truck.
Mayor Prochaska stated that the increase will cover the cost of one,maybe more,vehicles.
Alderman Besco asked if there was any type of fee that could be asked of developers who build
high rise buildings. Mayor Prochaska stated that this is a legal question because the City allows
large commercial buildings and have never asked for any special fee. Alderman Besco suggested
that the Fire District look into this.
The Minutes of the Reeular Meetine of the City Council—February 8,2005—nage 6
Alderman James stated that it was his understanding that the codes that the City is requiring are
for prevention and early detection of fires. The codes will help to make sure the buildings are
evacuated safely. He stated that hopefully by the time a ladder truck arrived on the scene,all the
people would have been safely evacuated.
There was no further discussion.
Motion approved by a roll call vote. Ayes-6 Nays-1
Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-nay,Sticka-aye,Besco-aye
Resolution 2005-11 Approving Grande Reserve Units 10 and 11—Preliminary/Final Plat
A motion was made by Alderman Sticka to approve a Resolution approving the Grande Reserve
Units 10 and 11 Preliminary/Final Plat subject to staff review;seconded by Alderman Ohare.
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye
Resolution 2005-12 Approving Caledonia—Final Plat
A motion was made by Alderman Sticka to approve a Resolution approving the Caledonia Final
Plat subject to staff review;seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes-4 Nays-3
Kot-aye,Ohare-nay,Spears-aye,Sticka-aye,Besco-nay,Burd-nay,James-aye
PUBLIC SAFETY COMMITTEE REPORT
Request to Purchase 2004 Chevrolet Impala
A motion was made by Alderman Ohare to approve the purchase a 2004 Chevrolet Impala
Detective vehicle from Miles Chevrolet not to exceed$18,000.00;seconded by Alderman Sticka.
Mayor Prochaska noted that this requires a super majority vote to be approved.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye
Request to Purchase Digital Portable Recorder and Accessories
A motion was made by Alderman Ohare to approve the purchase of a Digital Portable Recorder
and Accessories from Dictaphone in an amount not to exceed$20,000.00;seconded by Alderman
Sticka.
Mayor Prochaska noted that this requires a super majority vote to be approved.He also explained
that the Police Department is purchasing this system because it is an upgrade to their existing
system.
Motion approved by a roll call vote. Ayes-7 Nays-0
Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye
Request to Purchase Digital Video Recording System for Squad Cars
A motion was made by Alderman Ohare to approve the purchase a Digital Video Recording
System from Digital Safety Technologies,Inc.in an amount not to exceed$11,500.00;seconded
by Alderman Sticka.
Mayor Prochaska noted that this requires a super majority vote to be approved.
Motion approved by a roll call vote. Ayes-7 Nays-0
Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye
Request to Purchase Speed Trailer
A motion was made by Alderman Ohare to approve the purchase of a speed trailer from MPH
Industries,Inc.not to exceed$17,355.00 and to authorize the use of contingency funds for this
purchase;seconded by Alderman Sticka.
Mayor Prochaska noted that this requires a super majority vote to be approved and that this is the
same system currently used;this speed trailer will integrate with the existing one.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye
The Minutes of the Regular Meeting of the City Council—February 8,2005—nage 7
Request to Purchase Speed Monitor Sign
A motion was made by Alderman Ohare to approve the purchase of a speed monitoring sign from
MPH Industries,Inc.not to exceed$7,569.00 and to authorize the use of contingency funds for
this purchase;seconded by Alderman Sticka.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
None.
EXECUTIVE SESSION
None.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Kot;seconded by
Alderman Ohare.
Motion approved by a viva voce vote.
Meeting adjoumed at 7:43 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville,Illinois
Page 1 of 9
UNITED CITY OF YORKVILLE DRAFT
COMMITTEE OF THE WHOLE
CITY HALL CONFERENCE ROOM
AUGUST 17,2004
7:00 P.M.
ELECTED OFFICIALS PRESENT:
Mayor Art Prochaska Alderman Wanda Ohare
Alderman Joe Besco Alderman Rose Spears
Alderman Valerie Burd Alderman Richard Sticka
Alderman Paul James City Treasurer Bill Powell
Alderman Marty Munns City Clerk Jackie Milschewski
CITY STAFF PRESENT:
. City Administrator Tony Graff Public Works Director Eric Dhuse
City Attorney Representative Kelly Kramer Director of Parks&Recreation Laura Brown
Police Lieutenant Don Schwartzkopf Finance Director Traci Pleckham
GUESTS:
See attached list.
PRESENTATIONS
BKFD Impact Fee Study
Fire Chief Mike Hitzemann with the Bristol-Kendall Fire District addressed the Council.He
explained that the Fire Department contracted with a company to do a Future Facility Study for
the fire protection district. One of the recommendations suggested was for BKFD to ask the
United City of Yorkville to increase the impact fee collected from developers. He distributed the
results of the Impact Fee Study(see attached)that was done at the request of the City Council.
The study supports the request for an increase of the residential impact fee from$300.00 to
$500.00 per single family home.
Mr. Hitzemann went over the increase for commercial development which is currently at
$.035/square foot. It was suggested to increase this to$.16/square foot. He noted that the highest
fee in the area is$.15/square foot charged by Plainfield and that Joliet charges a flat fee of
$2,400.00. He stated he was not sure what was the best way to determine this rate however the
current rate is not enough.
Mayor Prochaska suggested that since this was not an agenda item, it be placed on the September
7, 2004 Committee of the Whole(COW)agenda for further discussion by the Council. Mr.
Hitzemann was agreeable to this.
This item was placed on the September 7,2004 COW agenda for further discussion.
DETAILED BOARD REPORT—BILL LIST
Alderman Spears questioned the following items on the bill list
o Page 9, Elan Financial Services,Engineering-WCC CAD skills for$188.00-Finance
Director Traci Pleckham explained that this was for a class that the new Engineer Tech
took at Waubonsee Community College. Alderman Spears asked if he had CAD training
Page 2 of 9
and Mayor Prochaska noted that based on the cost of the class,this was probably updated
training.
o Page 9,Elan Financial Services,Rec-Kane County Cougars for$46.50—Executive
Director of Parks&Recreation Laura Brown explained that this was for a children's'
program.
o Page 9,Elan Financial Services,Park,Natl Rec&PR Conf. for$420.00-Ms. Brown
explained that currently Park Foreman Scott Sleezer is in Colorado attending the NRPA
Maintenance School where he is participating in a two-year program where he will be
certified in park maintenance on a national level.
o Page 9,Elan Financial Services,Park-United Air/Sleezer for$344.21 -Ms.Brown
explained that this is the airfare for Mr. Sleezer.
o Page 10,Elan Financial Services,Admin-WCC-Computer Classes for$341.00-
Administrator Graff explained that this was for computer classes that employees Annette
Williams and Liz D'Anna were taking.
o Page 15,Kendall Printing,Admin-Business Cards Bldg.Dept.for$375.82-
Administrator Graff explained that City purchases the business cards for the Building
Inspectors.
o Page 19,Municipal Software Inc.,Admin- 1 day on-site trained for$199.00—Mrs.
Pleckham explained that MSI came out to the City to train new employees on the
software.
o Page 28, Seyfarth, Shaw, Fairweather,Admin-HR legal services for$775.73 -Mrs.
Pleckham explained that this was for Labor Attorney services.
0
Alderman Munns asked how the reimbursement for meals for out-of-town travel was handled.
Ms.Brown explained that Mr. Sleezer will be reimbursed for these expenses when he turns in
receipts.
Director of Public Works Eric Dhuse explained that the share of the bill on page 11 for Gary
Gates, Streets-Reimbursement of tree for$1,440.00 is$200.00. He stated he pointed out the error
to Director Pleckham.
Alderman Ohare questioned the rental charge on page 15,Kopy Kat Copiers,Police-Copier
Rental for$288.50; she thought the City owned all the copiers. Mrs.Pleckham indicated that the
Police Department leases their machine. Alderman Ohare also inquired about the charge on page
16,Kopy Kat Copiers, 7,442 @.08 & 6,582 @.01 for$661.18. Mrs. Pleckham explained that this
is the charge for the color copier which is broken down into two charges; one for color copies
($.08)and one for black and white copies($.01).
Mayor Prochaska questioned the charge on page 23,Kathleen Field Orr&Assoc,Fox Industrial-
2002 &2003 Annual TIF Report. for$232.50. Mrs. Pleckham explained that this is for the
annual report that needs to be done for the Fox Industrial Park TIF.
ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA
None.
MAYOR
ZBA 2004-11—Duy's Shoes& Sportswear—Sign Variance Request
Mayor Prochaska reported that there has been a request from Duy's Shoes for a sign variance.
They would like to add four small additional signs to the front of their store. Mayor Prochaska
Page 3 of 9
stated that it this was recommended 4-0 by the Zoning Board of Appeals(ZBA)to approve the
request for the variance.
There was a brief discussion on the construction materials to be used for the signs. The owner of
the business,Tod Duy,explained that the signs will be professionally made of 3/4"plywood which
will be sealed with polyurethane. The Council agreed with the variance.
This item was placed on the August 24,2004 City Council meeting regular agenda for approval.
ZBA 2004-12—Beaver Street,LLC—Off-Street Parking Variance Request
Mayor Prochaska reported that there was been a request from Verne Herne for a front yard
setback and side yard setback for 106 Beaver Street however Mr.Henne has indicated that the
side yard variance is not needed and was placed on the application in error. The variance is
needed to allow for parking for the business located at that address within the front yard. Mayor
Prochaska indicated that the variance was approved by the ZBA. He noted that currently the area
is grass,the building was built prior to the current code and there is no parking on this side of
Beaver Street. The Council agreed to allow the variance.
This item was placed on the August 24,2004 City Council meeting regular agenda for approval.
Master Facility Plan
Mayor Prochaska reported that the staff developed a summary of the Request for Quotes(RFQ's)
presented by Burridge Cassell Associates(BCA),Yas/Fischel and Williams Architects. Based
on the information received staff feels that all the companies are capable of performing the job
however they preferred BCA due to their experience and the feedback that they received
regarding the company.
The staff was complimented for their review and for the reasons behind their recommendations
however Aldermen Spears, Sticka,Ohare,Burd and Besco stated that they reviewed the
information and they preferred Yas/Fischel due to their presentation,innovative and fresh ideas.
The issue of Yas/Fischel working with a local developer was discussed and Attorney Kelly
Kramer stated she would verify if this posed any problems with them working with the City.
After some discussion,the Council agreed to accept Yas/Fishel's RFQ for a Master Facility Plan.
This item was placed on the August 24, 2004 City Council meeting regular agenda for approval.
Coffee with the Mayor
Mayor Prochaska reported that the next Coffee with the Mayor would be Saturday,August 28,
2004 at the Congregational Church from 9:00 A.M. to 11:00 A.M.
Roadside Clean-up
Mayor Prochaska asked the Council if they were still interested in doing the roadside cleanup on
Saturday,August 28,2004 at 8:00 A.M. The road to be cleaned is both sides of Route 34 from
Cannonball Trail to Eldamain Road. The Council agreed to meet at the Town Crossing Shopping
parking lot.
Page 4 of 9
PRESENTATIONS
Special Service Area(SSA)Financing Pros and Cons
Peter Raphael from William Blair&Company presented the pros of SSA's for the United City of
Yorkville:
o Capital Improvement Programs can be accelerated—SSA's are used to fund public
infrastructure development such as water, sewer systems,roads, etc.
o Can provide jump start to Commercial Corridor Infrastructure—roof tops generate
commercial sites and the infrastructure improvements also benefit commercial
development.
o Comprehensive plan for funding and constructing public improvements can be
negotiated and executed through this financing vehicle—develops a plan for who is
responsible for the construction of the infrastructure,who is paying for it,etc. The
municipality is aware of what funds are available from the beginning.
o Increased control—SSA's allow improvements to be done above and beyond what is
required.
o Only the property owners that benefit are taxed—the entire community is not responsible
for the improvements needed due to new development. Isolates those who benefit from
the new infrastructure.
Kevin McCanna from Speer Financial presented the cons to the United City of Yorkville:
o Additional administrative burden—an extra fee is charges along with SSA to cover
administrative expenses. Usually an outside entity is hired to keep track of SSA funds.
o Homeowner inquiries and complaints—residents will receive a disclosure regarding the
SSA as part of their title policy however there will always be questions and concerns
directed towards the City.
o Higher overall tax burden—the tax bill for residents affected by the SSA will be different
from other residents.
o Lack of understanding in the broker community—some brokers feel that homes with
SSA's sell slower whereas others feel there is no difference.
o Possible lack of disclosure to subsequent homeowners—SSA information is on the title
policy of the homes affected however future home buyers may not be aware or
understand the SSA applied to their property.
The pros for homeowners were presented:
o Optional participation—a buyer can pay more for the house and not pay the SSA each
year. This applies not only to the original buyer but also to subsequent buyers.
o Prepayment at any time
o Lower down payment=more purchasing power
o Total monthly payments similar to conventional mortgage where infrastructure is
included in the price of the home
o Gives the homeowner the flexibility of assuming the long-term,tax exempt rate financing
or paying it off
The cons for homeowners were presented:
o Higher Real Estate Taxes
o Resale(market acceptance and pricing)
The Council discussed the following items:
o Working with local realtors to educate them on SSA's and encouraging them to educate
buyers, especially subsequent buyers.
Page 5 of 9
o The acceleration of the SSA taxes which may go up 2%per year. Buyers are given a
schedule of the SSA when the property is purchased.
o Making the information regarding early payoff such as the payoff amount readily
available to purchasers and requiring the sales office to provide the payoff information.
o Making the SSA message consistent between all the developers in the area. Art Zwemke
from MPI suggested that developers in the area use a standard form of disclosure
o If SSA's were detrimental to one developer over another(i.e. do developments without
SSA's outsell those with them?) Art Zwemke explained that initially two identical
houses, one with an SSA and one without,may sell at a different rate. However,over
time the comparability of the houses diminishes and there usually is no difference.
o The deductibility of the SSA portion of real estate tax bill when doing income tax return.
Mr.Raphael explained that the SSA is a lien against the property and the portion that is
interest can be deducted. It is not deducted under the real estate tax section but rather
under the mortgage interest expense section. The interest portion can be determined by
the SSA administrator.
o Developers presenting the SSA as a requirement of the City. Alderman Sticka noted that
the City is not imposing the SSA tax on anyone; it is the choice of the developer.
There were no further questions or comments.
ECONOMIC DEVELOPMENT COMMITTEE
No report.
PARK BOARD
School District Facility Use
a.Final Summary of Use for FY 03/04
Executive Director Laura Brown presented the final summary for facility use in fiscal year
2003/2004. The City used school facilities for a total of 1173.25 hours. She noted that not
included in this study is information from the Police Department which Chief Martin is currently
working on.
b.Calendar Request for School Use for FY 04/05
The second part of the report is a summary of the current requests for facility usage. Ms. Brown
further explained the how facilities are scheduled and how class cancellations are handled.
The Council went over the report presented and asked if it could come back to them when the
information from Chief Martin was received. Ms. Brown also stated that the report will be
presented to the Adhoc committee for their review.
This item will return to a future Committee of the Whole meeting when the information from the
Police Department is received.
Preschool Contract for Congregational Church
Ms.Brown reported that the Parks Department has an opportunity to offer a preschool program
however there is no space for it. She stated that a pre-school instructor has approached the Parks
Department regarding starting a program and there have been numerous requests from residents
for one. The program is strictly for pre-school; it will not be a day-care program. Staff
investigated where the classes could be held and two churches offered space however one decided
to offer their own program and withdrew the offer. She stated that the Congregational Church
was very good to work with and their board is in favor of the program.
Page 6 of 9
Alderman Ohare stated that she saw the program advertised before this ever came before the
Council. Ms.Brown explained that it was advertised in order to see if there was an interest in it.
Those interested paid a$40.00 refundable registration fee and were advised that a site was not
confirmed yet. She stated that the classes will have a maximum of fifteen children with two
instructors and 60 children have been pre-registered. She noted that there is a waiting list.
Alderman Ohare also questioned the City's liability because the classes will not be held on City
property. Ms.Brown stated that it is the same liability as when the City uses school facilities.
She stated that she checked with the City's insurance company who verified this. She also stated
that the City's Building inspectors inspected the facility and everything is fine. She explained
that no license was required because it will be run by a municipality and it is pre-school not day
care. She stated that all Park employees undergo a background check.
The Council further discussed snow removal per the contract, fees, licensed instructors and the
State's licensing requirements which do not apply.
Ms.Brown stated that the church reviewed the draft of the contract and was fine with it. Attorney
Kramer stated that her office also reviewed the contract and everything is in order.
This item was placed on the August 24, 2004 City Council meeting Consent Agenda for approval.
RFP for Parks Maintenance Facility
Ms.Brown reported that the Park Board asked her to bring this to the City Council. She stated
that the Parks Master Plan discussed the need for a new Parks Facility. If the Park employees
were moved out of the Public Works Facility it would also create more room for them. The Park
and Recreation Department is proposing to go out for Requests for Proposal(RFP)for a space
analysis and design of a facility. A site has been identified in the Menard's area where the City
has seven acres of park land. The facility would be on two acres still allowing for a five acre
park. She explained that the site was selected by both the Park Board and staff because of the
central location. This would be funded with Land Cash Funds. She stated that the Park Board
wanted permission to move forward with the RFP.
The Council discussed the type of building being proposed, architectural standards,the City's
Master Facility Plan,the immediate need for more space for park maintenance equipment and
personnel,more space for the recreation staff,the Council's input on how Land Cash Funds are
being used, City Council requests for specific Park&Recreation facilities, etc.
After a lengthy discussion, it was the consensus of the Council to have the Park and Recreation
Department go ahead with the RFP.
Alderman Spears asked Ms. Brown if she would place a community center for senior citizens on
a future Park Board agenda.
PUBLIC WORKS COMMITTEE
Windett Ridge—NICOR Easement Request
Attorney Kramer reported that NICOR has submitted a permit request for an easement that will
cross over two lots in Windett Ridge; one that is a future commercial site owned by the developer
Wiseman-Hughes and the other is the site of a detention pond owned by the United City of
Yorkville. She stated that Attorney Dan Kramer requested that the easements be executed
separately by both Wiseman-Hughes and the City.
Page 7 of 9
The City Council agree to place the United City of Yorkville portion of the easement on the
August 24, 2004 City Council meeting Consent Agenda for approval.
Subdivision Standards Ordinance
Attorney Kramer reported that a few revisions were made based on comments from the Public
Works Committee and City Engineer Joe Wywrot.
Mayor Prochaska noted that the ordinance is referred to as the Subdivision Standards Ordinance
on the agenda however the ordinance itself states it is the Subdivision Control Ordinance.
Attorney Kramer stated tht the correct title is the Subdivision Control Ordinance.
Attorney Kramer noted changes regarding historical street names and to the table of contents.
Mayor Prochaska asked if the wording to item#6 under 1.01.01 on page 15 regarding historical
street names be changed to read"Reserve a minimum of one historical street name from the list
on file in the Engineer's office or more as required by the City Council, ...."
Alderman Spears stated she did not get back her original marked up copy so she had nothing to
compare the new draft with. She stated she would like time to check with her original copy
before voting on the ordinance.Administrator Graff stated he would ask Mr. Wywrot to return
Alderman Spears copy to her.
Alderman Besco asked if a developer could request a variance to an article in the ordinance.
Attorney Kramer stated that they could but would have to go through the variance process. She
also noted that anything in the ordinance could be negotiated in a Planned Unit Development
Agreement.
Mayor Prochaska suggested that the ordinance come back to the City Council on September 7,
2004 for further consideration. The Council agreed.
This item was placed on the September 7, 2004 Committee of the Whole meeting agenda.
PUBLIC SAFETY COMMITTEE
No report.
ADMINSTRATION COMMITTEE
Resolution for Feasibility Study for Countryside Center TIF
Administrator Graff reported that a requirement in moving ahead with the Countryside Center
Tax Increment Financing(TIF)District is passing a resolution for a feasibility study and report on
the project area. He distributed a draft of the resolution from attorney Kathy Orr. The study will
be paid for by the developer and any cost incurred by the developer or the City can be recaptured
if the TIF is approved.
Alderman Burd question Section 4, page 2 of the resolution which states that the City Council
agrees to reimburse itself for the costs incurred in the connection with the study and report.
Mayor Prochaska explained that this section is so that any cost incurred by the City can be
recaptured. If this is not included,the cost cannot be recaptured. Alderman Burd asked if the TIF
freezes the taxes of the area. Mayor Prochaska explained that the tax assessment at the time of
the TIF is frozen for all the taxing bodies. Any increase in property tax is then used to pay off the
Page 8 of 9
improvements to the area over the time of the TIF. Alderman Burd asked what the average time
was for a TIF and Mayor Prochaska stated that the last TIF was set up for twenty years and can be
paid off earlier. Once the improvements are paid for,all the taxing bodies will benefit from an
area with a higher Equalized Assessed Value(EAV).
Administrator Graff stated that there are seventeen criteria for a TIF and the area needs to meet
five of them for redevelopment. He explained that a pre-qualification for Countryside Center was
done and now the formal qualification will be done starting with this resolution.
Attorney Kramer stated that Attorney Orr will provide a presentation and a time line for the TIF
approval.
This item was placed on the August 24, 2004 City Council meeting consent agenda for approval.
IMRF Employer Contribution Rate—Committee Recommended Option 2
Finance Director Traci Pleckham reported that the Illinois Municipal Retirement Fund has
notified the City that it is currently over-funded in the Employer Regular Reserve Account. They
offered the option to use the overfunded amount to pay off the Early Retirement incentive(ERI)
liability and/or reduce the retirement rate to a minimum rate that will maintain 100% funding.
The City may select a rate based on one of four options for calculation. Mrs.Pleckham
recommended Option 2 where overfunded amounts are amortized over 27 years and the ERI
liability is paid off. This method will decrease the employer contribution rate for the next
calendar year.
Mayor Prochaska explained that the early retirement program creates a liability and it cannot be
offered until the liability is paid off;this liability will be paid off with the overfunding amount.
The Council discussed the other three options with Mrs. Pleckham,the amount of the contribution
made by the City and employees,how the fund became overfunded,the advantages/disadvantages
of the different lengths for amortization, etc.After some discussion,the Council agreed to select
Option 2.
This item was placed on the August 24,2004 City Council meeting consent agenda for approval.
ADDITIONAL BUSINESS
Minutes
Alderman James commented that he felt that too much time was being spent at City Council
meetings going over the minutes for approval. He suggested trying a new method of approving
the minutes at the City Council meeting. He stated that the Administration Committee discussed
that the Council members should submit corrected revisions to the City Clerk and then the
minutes will be approved along with any submitted corrections. The Council discussed this
further and Attorney Kramer stated she would verify if this could be done because the corrections
may need to be discussed in an open meeting.
Alderman Spears asked if the minutes were getting caught up and Clerk Milschewski explained
that she has been in touch with minute taker Gail Denton who is supposedly working on them.
Clerk Milschewski explained that she gave Ms.Denton a deadline. Mayor Prochaska suggested
getting the unfinished minutes back and having someone else type them... Clerk Milschewski
stated she would ask Ms. Denton to do this.
Page 9 of 9
Pat Summerall Productions
Alderman Spears asked for an update on the funding for the Pat Summerall project.
Administrator Graff stated that the City is still about$3,000.00 short however the project is
proceeding and should be done by September 3, 2004.
Fox Hill Parking
Alderman Munns stated that the parking was changed for the new park in Fox Hill however
soccer nets have been installed at the original park and cars are now double parking in this area.
Mayor Prochaska asked the Public Works Department to look at the parking situation.
Sergeant Hart
Mayor Prochaska reported that Sergeant Hart was involved in an auto accident while off duty.
He is in Copley Hospital and is doing fine. He hopes to go home tomorrow.
Joint Meeting with Plan Commission
Mayor Prochaska reported that City Planner Mike Schoppe has suggested a joint meeting
between the City Council and the Plan Commission to discuss the southern Comprehensive Plan
amendment on September 15, 2004 at 7:00 P.M. Mr. Schoppe stated that he has discussed this
with the Plan Commission and they are agreeable to the meeting. Mr. Schoppe will present a
draft of the plan at this time.
IDOT Highway Permit
Administrator Graff reported that there will be an IDOT Resolution at the next City Council
meeting which allows the Hydraulic sanitary sewer line to go under Route 47.
YEDC Annual Meeting
Lynn Dubajic with the Yorkville Economic Development Corporation reported that their annual
meeting will be held on October 20, 2004 at the Beecher Center at 12:00 P.M. The keynote
speaker will be Jack Lavin,the director of the Illinois Department of Commerce and Economic
Opportunities.
Route 47 Petition
Alderman Spears reported that she had a petition for the Route 47 expansion and she asked
anyone interested to sign it.
There was no further additional business.
The meeting was adjourned at 9:50 P.M.
Minutes submitted by Jackie Milschewski, City Clerk
Page 1 of 7 ORAFT
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
City Conference Room
Tuesday,January 4,2005 - 7:00 p.m.
In Attendance:
Cj
Valerie Burd- Alderwoman Tony Graff—City Administrator
Paul James - Alderman Traci Pleckham—Finance Director
Marty Munns - Alderman Eric Dhuse—Public Works Director
Richard Sticka—Alderman John Wyeth—City Attorney
Rose Spears-Alderwoman Harold Martin—Chief of Police
Larry Kot—Alderman Laura Brown—Executive Director,
Joe Besco —Alderman Parks&Recreation
Wanda Ohare—Alderwoman William Dettmer—Code Official
Bart Olson—Intern
Guests
Dan Waitt—Beacon News Kathy Farren—Kendall County Record
Jim Menard—Oswego Lynn Dubajic—Economic Development Director
Chuck Brooks-- Yorkville Paula Wilkinson—Kettley Realtors
The meeting was called to order at 7:00pm by Alderwoman Valerie Burd in the absence of Mayor
Prochaska.
PUBLIC HEARINGS:
None
PRESENTATIONS:
1. PC 2004-28 Corneils Crossing Concept Plan—Plan Comm. 12/8/04
Jim Menard attended this meeting to give a presentation regarding Corneils Crossing. This project
is located east of Rte. 47 on the north side of Corneils Road and is comprised of 15.38 acres
currently zoned ag. The proposal states there would be R-2 zoning with a minimum of 12,000
square foot lots with 31 lots. Annexation into Yorkville through the proposed Bristol Bay
subdivision is planned and the concept plan has already been presented to the Plan Commission
and Park District. A cash donation is planned for a park and school. Mr. Menard asked for
comments at this time.
Alderman Sticka stated that one issue discussed at Plan Commission was that there is only 1 access
to the lots. A temporary second access is a possibility according to Mr. Menard. He added that
all water detention would be handled on-site though it is possible it will be rerouted to the regional
Page 2 of 7
detention being planned. This plan would then allow for a second access. Without a second
access,there were also concerns for fire protection accessibility. Alderman James suggested
combining water retention with the proposed regional stormwater area. If the tie-in was possible,
Mr. Menard stated that larger lots would be considered.
Mr. Menard will consider the suggestions he received and revise his plan. No further action was
taken.
(moved forward in agenda to Public Safety)
PUBLIC SAFETY
1. Ordinance Prohibiting the Sale of Fireworks—PS 12/9/04
Alderman Kot reported that the Public Safety committee discussed the possibility of an ordinance
prohibiting the sale of fireworks within the City. This idea resulted from the concerns regarding
fireworks sales from tents that are set up around July 4th. Security and safety issues were cited, as
well as enforcement of laws. A revised copy of the proposed ordinance was presented.
Mr. Kot then asked Mr. William Dettmer, Code Official for the City, to present further details. Mr.
Dettmer stated that he and Sgt. Ron Diederich inspected the fireworks tents each day and found
that only 18 of 43 items met the minimum requirements of the State of Illinois fire code. Each time
an inspection was made, illegal items had been returned to the tent for sales. He added that the
only items approved for sale by the State of Illinois are sparklers and novelties. However,
permission had been given by the State of Illinois for sale of some of the other items. Some items
were subsequently confiscated by the 2 inspectors. Mr. Dettmer also presented statistics regarding
injuries resulting from improper use of fireworks.
Alderman Sticka questioned why charges were not pressed against the fireworks sellers. Mr.
Dettmer responded that the State Fire Marshall had approved sale of these items. After a phone
call to the State,the items were taken off the list of approved fireworks.
There was also discussion that fireworks could still be sold in the County even if the City banned
them. Mr. Dettmer replied that it is better to start this process at the City level to begin regulation
of the sales. He added that many municipalities are beginning to examine making the sales illegal.
Alderwoman Spears asked if the County could be approached to also make fireworks sales illegal.
Alderman Paul James suggested that the City continue to monitor the sales and set the fines high
for violations.
Chief Martin also explained the amount of time it takes his department to conduct background
checks, check for violations, nighttime security and other details.
Page 3 of 7
It was suggested by Alderwoman Ohare that this item be moved forward to City Council and other
committee members were in agreement. Alderman Kot added that it should be moved forward to
allow adequate notification time to area businesses that have sold fireworks in the past.
The ordinance will move forward to City Council on the consent agenda.
DETAIL BOARD REPORT(Bill List):
The following bills were questioned: (clarification of bills in italics)
Page 5: K-9 surgery(surgery for police dog)
Page 5: DLT Solutions—(3-D subscription for Engineering Department maps)
Page 8: MTD (mobile data terminals for squads, invoice is received twice a year)
Page 15: Nextel monthly charge for Mayor/replacement phone(administration charges and
replacement of car charger)
Alderman James then made a recommendation that questions such as these should be asked before
the meeting to shorten the bill list discussions. Alderwoman Burd said aldermen/women should be
allowed to ask any questions at the meeting that they felt were appropriate, in regards to the bill
list.
MAYOR:
1. Temporary Sanitary Sewer Lift Station Agreement with MPI-2, Yorkville Central
A Temporary Lift Station Agreement was discussed and it was noted that the owner of the lift
station will pay for the maintenance. Attorney Wyeth suggested a revision to paragraph 9 that
would state that money should be deposited in reserve and replenished when drawn down.
This agenda item will move forward to City Council on the consent agenda.
2. Coffee with the Mayor: January eh at Union Bank
The next coffee with the Mayor will be held from 9-11 am on January 8th at Union Bank.
Alderwoman Burd noted that this function has been very successful and other Mayors have copied
this type of gathering.
CITY ATTORNEY
1. Oversizing and Recapture Agreement for Heartland and Heartland Circle Subdivisions
Mr. Wyeth presented an agreement that changes the way payment will be received for oversizing
and recapture for these 2 subdivisions. This agreement was prepared by Dan Kramer. Since sales
tax money will not be generated as hoped in this area,this agreement represents a compromise. An
actual benefit was realized in the line capacity being opened up for Rte. 34 commercial. Recapture
Page 4 of 7
of future dollars will be explored. A payment schedule has been agreed to and economic
incentives can then be released.
This matter moves forward to the consent agenda.
ECONOMIC DEVELOPMENT COMMITTEE:
1. Prairie Meadows—Backup Special Service Tax Area
Mr. Graff reported that all related documents have been completed by Dan Kramer. The SSA for
this area is for maintenance of the lakes and any other unique improvements needed.
This item moves forward for a vote.
PARK BOARD:
No report.
PUBLIC WORKS COMMITTEE:
1. Lot 134 Kylyn's Ridge—Ratify Plat of Dedication
A plat of dedication was executed for additional right of way on Faxon Road. A contract was
already in effect for lot 134 and dedication of the additional right of way was necessary before
closing. Dan Kramer recommended the recording of the plat, followed up with ratification by City
Council.
This moves to the consent agenda.
2. Rob Roy Creek Interceptor Contract#1 —Change Order#1—PW 12/27/04
A 60-day extension was requested on this contract.
Moves to consent agenda.
3. Prairie Meadows IDOT Highway Permit Application and Resolution PW 12-27-04
The street light controller will be moved from Rte. 47 and Kennedy back to the Prairie Meadow
development. A permit is needed to move this controller and the move is at the developer's
expense.
4. Plat of Vacation for 514 W. Washington—PW 12/27/04
Alderman Besco reported that there is a structure on this property and it was built on a City utility
easement 40 years ago. Consequently, the City needs to vacate their easement, however, it was
noted the City still has an easement on the remainder of the lot. Attorney Wyeth said that the
owner of the structure must return the original plat to the City. A survey will be needed for the
property and the owner will be responsible for that cost.
This item will move to the consent agenda with a condition that the original plat is returned.
Page 5 of 7
S. Deuchler Engineering Agreement for West Branch of Rob Roy Creek Interceptor,
PW 12-27-04
An engineering agreement was received for design services in the Galena/Eldamain area. This
project is by request of the developer who has purchased this property and will cost $186,750.
Before proceeding with this project, guaranteed payment will be required.
This matter will proceed to City Council consent agenda with the provision that notice of
guaranteed payment must first be received.
6. Well#7 Well House& Treatment Facility-Change Order#S-PW 12/27/04
A letter from Joe Wywrot explained the work that remains to be done for this facility. Various
contractors will complete the work in the spring and it is anticipated that the cost will be less than
first stated by approximately $29,096.
This proceeds to the consent agenda.
7. Fox Highlands Subdivision—Bond Reduction #2—PW 12/27/04
Joe Wywrot recommended a bond reduction on work already completed on this subdivision. The
reduction amount is$860,251.97 as recommended by Mr. Wywrot.
This moves to the consent agenda.
8. Fox Hill Unit 7—Letter of Credit Reduction #1—PW 12/27/04
Alderman Besco reported that dirt work had been completed. The reduction will be $381,095.82.
This will proceed forward to the consent agenda.
9. Windett Ridge Subdivision—Onsite Work Bond Reduction #2—PW 12/27/04
Due to work completed, Mr. Wywrot recommended the bond be reduced by$278,137.25.
This moves forward to the consent agenda.
PUBLIC SAFETY COMMITTEE:
(Item#1 discussed earlier)
2. Request for Supervisor's Position—PS 12/9/04
Alderman Kot stated that as the City grows, more police officers will be needed along with some
reorganization of the department. A request was received from Chief Martin to promote another
person to Sergeant to be effective April 1, 2005. This position would oversee the investigative
unit. The money would be available from overtime funds.
Page 6 of 7
The City is currently at an average of 2.4 officers per 1,000 population. The Police Department
has a current list from which to promote a Sergeant and the Police and Fire Commission must have
approval from the Council before proceeding. In addition, another officer will be added next
fiscal year.
Committee members agreed to this promotion and this matter will move to the consent agenda.
ADMINISTRATION COMMITTEE:
1. Administration Office Workstation Purchase
Currently the work area immediately outside the conference room is set up for 4 employees. It is
desired to reconfigure the area to accommodate 6 employees. Quotes for this work were received
with a low bid of$6,530 from Remanufactured Systems. This quote would utilize existing
equipment with some modifications. Alderman James noted that $8,000 is budgeted for this work.
Ms. Pleckham said that the cloth can be changed on existing panels and that City personnel will be
able to choose the fabric so that it will match existing equipment.
This newly reconfigured work area will accommodate the Community Relations and IT person.
This moves forward to the consent agenda.
ADDITIONAL BUSINESS:
Paul James noted that there will be a presentation of the proposed employee health benefits at the
upcoming Administration meeting and he invited everyone to attend.
Alderwoman Ohare mentioned that she had spoken with Mr. Graff regarding trash cans being left
out in relation to property codes. She suggested information be published.
She also stated she had received a request for information regarding SSA's. She asked if there was
any information regarding second time buyers, which had previously been requested by Alderman
Besco. Mr. Graff said there are no stats available.
Alderwoman Spears suggested that a job description be started for a City Planner position. It was
determined that the Administration committee should handle this item.
It was asked by Alderman Sticka if there is a requirement to have address numbers posted on
existing homes. Chief Martin replied that the Police Department addresses this issue when they
encounter it.
Page 7 of 7
Attorney Wyeth stated that he officially began his duties on January 1St and that he will be in his
office at the City most mornings, Monday through Thursday. He said that he is looking forward to
becoming acquainted with all the Council members and welcomes any of their questions.
Administrator Graff reported that Corn Ed had been spoken with regarding the anticipated winter
storm. The City now has a direct line to a Corn Ed employee, who can be called when there are
power outages. Mr. James stressed the importance of calling and not to assume that your neighbor
is calling.
There was no further business and the meeting adjourned at 8:18pm.
Respectfully submitted by
Marlys Young, Minute Taker
It I
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE No.2005-
ORDINANCE APPROVING VARIANCE FOR REAR-YARD SETBACKS FOR
RESIDENCE LOCATED AT
2066 KINGSMILL COURT
WHEREAS, Kurt Alford and Denise Alford along with subject property owner Jay
Richardson(Hereinafter"Petitioners") filed ZBA Petition 2005-01 requesting a variance
for rear-yard setback for the construction of a single family residence which is more
specifically described in the attached Exhibit"A"; and
WHEREAS,the Petitioners plan to substantially improve the real property to
enhance the value of the property and improve the aesthetics of the neighborhood; and
WHEREAS,the Zoning Board of Appeals of the United City of Yorkville held a
public hearing with regard to said Petition, and
WHEREAS,the Zoning Board of Appeals took public comment on the issues before
it and made specific findings of fact related to the granting of the variances sought, and
WHEREAS,the Zoning Board of Appeals recommended the approval of said
requested variance to the rear-yard setback to the City Council; and
WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE
have reviewed the findings of fact made by the Zoning Board of Appeals, considering the
public comment presented at the public hearing and have determined that the requested
variance is appropriate under the circumstances presented by the Petitioners;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made,
seconded and approved by a majority of those so voting,the following Variances are
hereby granted from the United City of Yorkville Zoning Code for the real property more
fully described in Exhibit"A":
1. Rear Yard Setback: Section 10-6C-4C of the United City of Yorkville
Zoning Code is hereby varied to permit the rear yard set back of the single
family residence to be twenty-five feet(25').
The variance granted herein is contingent upon the construction of the residence
pursuant to the design,plan and specifications presented to the Zoning Board of Appeals
and the City Council. No other variance from the City Code for design, plan or
specifications for said structure is permitted by this Ordinance.
IN WITNESS WHEREOF,this Ordinance has been enacted this day of
,2005 by the City Council of the United City of Yorkville.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois,this Day of , A.D. 2005.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2005.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
MilL
'kV CO.o United City of Yorkville Memo
"6 800 Game Farm Road
EST 1_:1-1-!,
isas Yorkville, Illinois 60560
'��- Telephone: 630-553-4350
t� �� p Fax: 630-553-7575
-frSCE xp
Date: '. -bZao&t 17, C 5
To: 762, ' (Yid (.c ti- oiTuilt.c,e
From: i-lad._ A Will
Agenda Item: itifikloPis eEmer # 1, 6P/)/A/Ati'et- bC 7"'N4 6u,-/-i4 ComppEEEti3iv,=
LANG 06E P ,
was not available at the time packets were produced. This item will be available
-.- LAG )
L t), '`, 9,c0/14a ac209 5 and distributed in a supplemental packet.
MgVD 4'1
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE No. 2005-
ORDINANCE ADOPTING A CURRENT COMREHENSIVE LAND USE PLAN
FOR THE SOUTHERN STUDY AREA OF
THE UNITED CITY OF YORKVILLE
WHEREAS, the Plan Commission of the United City of Yorkville has duly
published notice for and has held a Public Hearing for public review and comment on a
Comprehensive Land Use Plan for the Southern Study Area for the United City of
Yorkville (hereinafter"Comprehensive Plan"); and
WHEREAS,the City Planner, Schoppe Design Associates, as well as City Staff,
Plan Commission, and City Council acting as a Committee of the Whole all on behalf of
the United City of Yorkville have all had substantial input into the creation of the
Comprehensive Plan; and
WHEREAS,the Mayor and City Council of the United City of Yorkville deem it to
be in the best interest of the City to provide for orderly growth and planning for future
growth for the United City of Yorkville:
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made,
seconded and approved by a majority of those so voting that the City hereby adopts and
does make official the Comprehensive Land Use Plan for the Southern Study Area for the
United City of Yorkville the following Comprehensive Plan Text and Maps bound
together and attached hereto and incorporated herein as Exhibit "A" as more fully set
forth in full therein, until said Comprehensive Plan is modified or updated as required
under the Illinois Compiled Statutes.
IN WITNESS WHEREOF,this Ordinance has been enacted this day of
, 2005 by the City Council of the United City of Yorkville.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois,this Day of , A.D. 2005.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2005.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Executive Summary of Changes
Comprehensive Land Use Plan Update
United City of Yorkville
February 22, 2005
Comprehensive Land Use Plan Update
Introduction
Added text on page 3 regarding overlap of study area with Plano Boundary
Agreement, "A certain northwest portion (generally west of Eldamain Road and
north of Hwy. 71) of the study area does overlap the boundary agreement with the
City of Plano. However, for the purpose of long range planning and understanding
of future land use relationships, this portion has been included in the study area of
this Comprehensive Plan Update."
Goals and Objectives
Non Residential
• Revised objective 3.1, page 11 to read "Yorkville Economic Development
Corporation"
Transportation
• Revised goal 2.1, page 11 to read "Coordinate new development plans with
the City, County and State to limit access points, promoting the free flow of
traffic for the major arterials within the City
• Revised Objective 3.3, page 12, correct spelling of Eldamain Road
• Revised Objective 4.2, page 12, to read "Ensure that within new
developments, hike and bike trails are incorporated and that they are
connected to existing and future trails."
• Revised Objective 4.3 to add "churches"
Open Space
• Revised Objective 1.1, page 12, "Take into consideration building height
restrictions and alignments of community parks and open space corridors to
preserve desired views, especially of the Fox River Valley and historic
sites."
•
• Removed ninth bullet point under Location "Highway 126 and Ashley Road'
Office/Research/Industrial Use
• Revised acreage and percentage
• Added sentence to third paragraph under Intent, page 24, "Due to the
intensity of land uses at Route 47 and Caton Farm Road, this area has also
been identified as a location which would be very conducive to office park
and employment opportunities."
Park/Open Space Land Use Classification
• Revised bullet one under Location, page 25, "Yorkville and Kendall County
Forest Preserve District Property on Fox Road'
• Revised bullet three to read "Richard Young Forest Preserve"
• Added bullet point"Lyon's Farm"
Public/Quasi Public Land Use Classification
• Added word "park" to first sentence under Intent, page 26
• Revised last paragraph under Location to read, "Based on the land use
quantities and possible density ranges shown for the study area, it is
estimated that between 45,000 and 175,00 future residents could inhabit the
study area of this Comprehensive Land Use Plan Update. Based on this
potential future population, additional elementary, middle and high schools
will be necessary to meet the needs of the future population. The exact
acreages, quantities and locations for these future facilities will depend
upon future growth and actual population densities proposed by new
development. It is recommended that the Yorkville School District estimate
and map future facilities in a supplemental study to this Comprehensive
Land Use Plan Update."
Land Use Map Revisions
• Added Office/Research/Industrial to Caton Farm Road and Route 47
Intersection
• Revised Special Study Area Boundary
• Removed Neighborhood Commercial at Ashley Rd. and 126
• Added Office/Research/Industrial at interchange of Hwy. 71 and the Prairie
Parkway
• Re-configured Transitional Use around interchange at Hwy. 71 and Prairie
Parkway
• Revised names of Forest Preserve properties
• Updated Ashley Road/Minkler Road future connection per County
transportation plan
• Modified alignment of Highpoint/Eldamain Rd. south of Hwy. 71
Gateway Overlays Map
• Updated exhibit per Land Use Map revisions
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Co nprekensive Land (Ass Plan Update
Existing Land (Ase.Analysis
United City of Yorkville
Comprehensive Plan Update
February 2005
lilhited City of Yorkville
1
Comprehensive Land Use Plan Update
Table of Contents
Table of Contents Page
Introduction 3
Study Area Boundary Exhibit
Planning Process 5
Goals and Objectives 7
Intent 7
Character and Environment 7
Residential 10
Non-residential 10
Transportation 11
Open Space 12
Existing Land Use Analysis 13
Land Use Plan 14
Intent 14
Planning Considerations 14
Prairie Parkway 14
Interpretation Policies 15
Land Use Classifications 16
Residential 16
Commercial 22
Industrial 24
Park/Open Space 25
Public 26
Land Use Plan Exhibit
Additional Considerations 27
"Gateway"Corridors Exhibit
Appendix 28
Options for Preserving a Rural City Boundary 28
Design Guidelines
lArtitecd City o f Yorkville
2
S ,
Cornprelkensive Land tAse Pian lApdate
Jntroduction
Introduction
■ Future Land Use Planning Purpose and Overview
Over the past decade, the United City of
Yorkville has experienced tremendous growth
in population and development. According to - �,o- ,
census data, the population has almost
doubled since 1990. It is expected that this
trend will only continue in the coming years,
as people continue to seek the quality of life
offered in Yorkville. It is estimated that
Yorkville's population will exceed 60,000 ___
residents by the year 2030. `__
Desiring to preserve the unique character that embodies - _.„;;,-7,-- ,,e1
the spirit of Yorkville, a Comprehensive Land Use Plan ,.
was created for the United City of Yorkville and its : i,w
surrounding extra-territorial jurisdictions in September 4
2002. The Comprehensive Land Use Plan was designed
to guide growth and development in Yorkville while "*:, A
documenting the City's goals and objectives. However, - -VIA
the Comprehensive Land Use Plan drafted in 2002 did not i
address a significant area of land south of the Fox River. f._L
This Comprehensive Plan Update has been created to
more specifically re-evaluate the Yorkville growth areas
which are south of the Fox River. The study area for this
Comprehensive Land Use Plan Update extends from the
Fox River to one mile south of Caton Farm Road, east to
Grove Road and west to Helmar Road, encompassing
approximately 33,000 acres. A certain northwest portion
(generally west of Eldamain Road and north of Hwy. 71)of the study area does overlap the
boundary agreement with the City of Plano. However, for the purpose of long range
planning and understanding of future land use relationships, this portion has been included
in the study area of this Comprehensive Plan Update.
The update is intended not to replace ,',. . , » r1 f,,.
the current Comprehensive Plan, but to ,, :2
supplement and update the document i-,.1- 1%.
based on the current community vision 4 �_'•-._
for the orderly growth of the Southern
portion of Yorkville.
By utilizing the Comprehensive Land
Use Plan Update, City leaders will be
able to guide growth and development in
Ra k f : r
a consistent manner. By referencing the 'li
•
Plan Update, City leaders will be able to
evaluate development impacts on a
citywide basis, balancing growth with
City goals and objectives.
United City of Yorkville
3
Comprehensive Land LAse Pian litpdate
�7ntroduction
To best assist the City in its endeavor to guide growth and development, the Comprehensive Land
Use Plan Update is organized into the following sections:
• Process — Outlines the methodology and process that went into the creation of the
Comprehensive Land Use Plan Update
• Goals and Objectives — Outlines the City's goals and objectives to maintain the
unique character of Yorkville
• Existing Land Use Patterns—Description of current characteristics and growth trends
being experienced in the City
• Future Land Use Plan — Defines and illustrates the future land uses proposed for the
study area based on land use characteristics, infrastructure availability, future
thoroughfares, market demands and projected growth
• Additional Considerations — "Gateway" Overlay Considerations — Outlines
additional studies recommended for the United City of Yorkville to ensure the goals and
objectives outlined in the Comprehensive Plan are enforced and the desired character
for Yorkville is maintained as the City continues to grow
• Design Guidelines — General criteria to encourage good design practice for future
Yorkville development and maintain an aesthetically attractive City.
LAnitecd City of Yorkville
4
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SCHOPPE DESIGN ASSOCIATES
Landscape.4rchitecture and Land Planning
430 W.DOWNER PLACE PH.
AURORA.IL 60506 FAX((6633g))889966--_232520A1' NORTH
0 2640 5280 10560
The United City Of Yorkville STUDY AREA
��° COMPREHENSIVE PLAN
',Loi1n' .,^ 800 Game Farm Rd. Date: February 22, 2005
`r T Yorkville, I L 60560 UNITED CITY O F YO R KV I L L E SHEET FILE:T\2004 Jobs\0J1068\cad6les\seep-base-aeriai.axg
``x 630-553-4350 Base mapping compiled from best available information.All map
ILLINOIS data should be considered as preliminary,in need of verification,and
subject to change. This land plan is conceptual in nature and does
not represent any regulatory approval. Plan is subject to change.
Comprehensive Land like Plan Update
Planning Process
Planning Process
To create a Comprehensive Land Use Plan Update that reinforces and enhances the unique
characteristics that define the United City of Yorkville, community input was sought to define the
goals and objectives important to the residents of Yorkville. City officials, business leaders and
residents were brought together in public workshops to discuss and outline the issues and
concerns regarding growth and development in Yorkville. From these workshops, goals and
objectives were refined and provided the foundation for the Comprehensive Land Use Plan Update.
Building upon this information, a site analysis was conducted to gain an understanding of the
elements and features that make Yorkville distinct from other communities.
On June 23, 2004, the first joint workshop was
held with the Planning Commission, City
Council and community leaders. The purpose
of the meeting was for the Consultants to
outline the process for effectively updating the
•
Comprehensive Land Use Plan and to gain an
understanding of the community's vision and
goals for its future growth. To begin the dialog,
a brief overview of existing land uses was
presented as well as an outline of growth and .�
development factors for attendees to consider - 4
for future planning. Additionally, a plan " ..•".",■."'"
illustrating the land use planning area was
presented to give attendees a point of reference for discussion. Attendees voiced thoughts and
ideas about existing growth patterns, their desire to preserve Yorkville's character, their fears about
Yorkville losing its unique identity and concerns about surrounding communities' growth. These
issues and concerns were noted by the planning consultants to be integrated into the
Comprehensive Land Use Plan Update.
Moving forward from the joint workshop, the planning consultants created a preliminary set of goals
and objectives, a draft land use plan and outlined definitions and justifications for each land use.
As a framework for the land use plan, a base map for the United City of Yorkville study area was
created that illustrated open space, infrastructure, schools, roads, city boundaries and existing land
uses. Once the planning factors were analyzed and consolidated onto a base map, a draft land
use plan was created. Again, input was sought from City Officials to refine the preliminary goals
and objectives, design guidelines and the draft Comprehensive Land Use Plan Update.
A second joint workshop was held September 15, 2004, to present a draft of the land use plan
reflecting issues and concerns voiced at the first workshop. Attendees were given the opportunity
to weigh in on the preliminary land use plan as well as the proposed goals and objectives.
Feedback was also sought for guidance in shaping the content and direction of the Design
Guidelines. Throughout the workshop, the consultant team facilitated in-depth discussions to
reveal the core issues and concerns, likes and dislikes of those in attendance.
With this information in hand, the planning consultants revised the land use plan to reflect the vision
outlined during the workshop. Refinements to the goals and objectives were made and preliminary
Design Guidelines were modified, each taking into account the comments and concerns from the
joint workshop.
(Ahited City of Yorkville
5
Comprehensive Land Ltse Plan Update
Planning Process
Once refined, the revised draft of the
Comprehensive Land Use Plan Update
was presented to the Planning
Commission, November 10, 2004. The
presentation included definitions and
justifications for each land use category
as well as an overview of the goals and
objectives of the plan. The planning
consultants also presented an overview j:
of the Design Guidelines intended to ..:
ensure the unique characteristics that ' I sE I
define Yorkville will be reflected in future
developments.
Upon receiving a recommendation from
the Planning Commission, the
Comprehensive Land Use Plan Update
was presented to the City Council.
United City of Yorkville
6
Comprehensive Land l/1se Plan litpdate
Goals and Objectives
Goals and Objectives
• Intent
As a tool to guide the City in future decisions regarding growth and development, a set of
goals and objectives have been defined to communicate critical planning factors which
influence quality growth. The goals and objectives have been organized into five
categories:
• Character and Environment
• Residential
• Non-residential
• Transportation
• Open Space
These goals and objectives should be used in conjunction with the proposed land use plan
to guide and direct developers and City officials to a vision desired for quality, attractive
growth within the City.
• Character and Environment
GOAL 1: Preserve and maintain the country
feel and rural charm that defines
the agricultural character of the
area.
Objective 1.1: Evaluate various methods for
protecting large, contiguous
parcels of rural land for
continued agricultural use or
prairie restoration. Create an
open space or low density
perimeter around Yorkville to maintain a distinct boundary or limit
which defines and differentiates the City from adjacent communities.
Objective 1.2: Consider clustering of density
within proposed developments to
provide larger areas of contiguous
open space within individual
projects. These larger open
spaces will provide greater
opportunities to preserve scenic
vistas and have a greater visual
impact than smaller, disconnected
open spaces.
Objective 1.3: Plan to incorporate open space and landscape buffers into all
classifications of land use.
Objective 1.4: Develop and utilize design guidelines that carry forward the unique
elements which define Yorkville's character and discourage
development that is inconsistent to the look and feel of Yorkville.
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7
Comprehensive Land lAse Plan litpdate
Goals and Objectives
GOAL 2: Create attractive, distinct corridors leading into the City by establishing
design standards that highlight and reinforce the community identity and
unique character of Yorkville. Design standards may include community
welcome signage, landscape buffers, berming, fencing, light fixtures, site
furnishings and planting beds which work together to create a sense of
place unique to Yorkville.
Objective 2.1: Define corridor overlay areas which are prominent "gateways" into
Yorkville and outline specific design and development criteria for
these corridors.
Objective 2.2: In addition to design standards L i
for individualprivate ISA,,P -�'xt'.i fry '` �` ,
s development, create a uniform 1 ., ..0,.
design standard package for 'moi.
public projects (i.e. common y � N'1
igl
signage theme, landscape and ,
site furnishings consistently ` , x "i='''.:.
used throughout Yorkville). r , ,v.
GOAL 3: Establish development growth ? ' " 'f,/ ,, / •.:'"_
boundaries for Yorkville.
Objective 3.1: Work with adjoining communities to coordinate boundary agreements
that define each municipality's development jurisdiction to successfully
co-exist with surrounding communities and maintain the unique
character of Yorkville.
GOAL 4: Develop a set of Design
Guidelines for the City which
encourage distinct, creative,
quality development throughout '
Yorkville. Items to be
considered may include anti-
monotony standards, masonry
requirements, building mass
and orientation guidelines, , fg
coordinated site planning ,44
efforts, signage standards,
building materials and façade , � ..rk;,. ;-
treatments, landscaping,
parking lot design and
lighting.
GOAL 5: Encourage the most desirable and efficient use of land while enhancing the
physical environment through functional and compatible land use
configurations.
Objective 5.1: Plan for future development that is compatible with the City's natural
features, environmentally sensitive areas and existing land uses.
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Comprekensive Land Use Plan 1Apdate
Goals and Objectives
Objective 5.2: Ensure that new developments will be compatible with existing land
uses in terms of use, density, building heights, scale and impact to
adjacent property.
Objective 5.3: Ensure that the local infrastructure systems can accommodate future
growth; ensure that such systems are expanded as needed.
GOAL 6: Ensure that future development is sensitive to the natural topography,
views, drainage patterns, existing vegetation and historic or agricultural
structures which serve as landmarks for the study area.
Objective 6.1: Ensure that all
reasonable efforts have '1`
been made to preserve
and incorporate existing •
trees into future
development plans.
Objective 6.2: Encourage the
preservation of existing
farmsteads in parks, open
spaces or separate lots
within the development to
maintain the agricultural qualities associated with Yorkville.
Objective 6.3: Encourage
developments
which are .111111.11111
sensitive to the
natural forms of
the land and
attempt to
maintain scenic
vistas and natural
drainage patterns. Avoid proposals for massive cut and fill alterations
which modify the visual character of the area.
GOAL 7: Establish the Fox River as the"Crown Jewel" of Yorkville.
Objective 7.1: Explore recreational opportunities focused on the Fox River (i.e.
canoe/kayak rentals, picnic pavilions, athletic events) to showcase
one of Yorkville's defining elements.
Objective 7.2: Preserve the natural beauty of the river.
Objective 7.3: Explore the creation of a contiguous trail or greenbelt along the river.
Objective 7.4: Improve access for residents.
Objective 7.5: Improve level of water quality.
l/Initecd City of YoikviIIe
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Comprehensive Land Use Plan Update
Goals and Objectives
■ Residential
GOAL 1: Encourage high quality, distinct and
creative residential development through -a'
'
a mix of larger estate homes and cluster " ---
development, establishing a high level of - "'
aesthetic appeal while providing IP
sufficient density for retail nodes.
GOAL 2: Provide for a variety of housing types —
throughout the City. x� '
Objective 2.1: Encourage the development of Equestrian Estates in areas with
rolling terrain and tree clusters in addition to land designated for
estate land uses.
Objective 2.2: Promote the availability of a variety of housing types within the City
that will meet the needs of all segments of the Yorkville population
including age, family status, income and household size.
Objective 2.3: Encourage high density and multi-family to locate in proximity to
higher intensity land use nodes and roadways.
Objective 2.4: Encourage master planned communities that incorporate a mix of
housing types, recreational opportunities and shopping within a single
development.
Objective 2.5: Where possible, encourage clustering of residential units to reduce
infrastructure costs and future infrastructure maintenance costs,
preserve natural features and maximize the visual impact of open
space.
Objective 2.6: Encourage the development of cluster housing to preserve tree
masses, natural features or prominent view corridors.
Objective 2.7: Encourage the development of active adult, age restricted housing
communities within the study area's residential land use
classification.
GOAL 3: Protect the integrity of existing and future neighborhoods by ensuring that
they are initially developed and then are maintained to a high standard.
Objective 3.1: Review, and revise if necessary, the existing standards regarding
medium and high density development to ensure high quality
development of these housing types.
• Non-Residential
GOAL 1: Encourage the development of non-
residential "nodes", which would
result in concentrated areas of retail
and commercial uses instead of strip
development; consider allowing
tAnifecd City of Yo'kviIIe
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Comprehensive Land Use Plan litpdate
Goals and Objectives
small-scale retail nodes in close proximity to residential development to
reduce required driving for everyday services.
GOAL 2: Ensure that the Comprehensive Land Use Plan provides for an adequate
amount of non-residential land use that is diversified so that future
economic development opportunities provide the City with a positive fiscal
outlook.
Objective 2.1: Explore economic development opportunities related to the proposed
Prairie Parkway, taking advantage of the limited access points to the
proposed thoroughfare.
GOAL 3: Promote and encourage the creation and maintenance of local jobs.
Objective 3.1: Utilize the Yorkville Economic Development Corporation (YEDC) to
promote Yorkville as an attractive and desirable place for businesses
to locate.
Objective 3.2: Utilize the Economic Development Corporation and Chamber of
Commerce to work with the business community to maintain a
healthy environment for businesses to remain in Yorkville.
• Transportation
GOAL 1: Identify key future roadways and 100 ;
existing roadway expansions as r` "",1 '
candidates for an aesthetically
enhanced parkway design which
features center green medians, "..
parkway trees and landscaping. t
Objective 1.1: Create a new roadway cross
section for community parkways.
GOAL 2: Promote coordinated site planning efforts between adjacent developments
to reduce the number of access points and traffic signals along major
corridors.
Objective 2.1: Coordinate new development plans with the City, County and State to
limit access points, promoting the free flow of traffic for the major
arterials within the City
GOAL 3: Provide an efficient, safe and connective transportation system that is
coordinated with existing needs and with plans for future growth.
Objective 3.1: Use the Thoroughfare Plan and the Comprehensive Land Use Plan in
conjunction with one another, specifically to ensure that the various
land uses within the City are accommodated by the transportation
system.
Objective 3.2: Continue coordination with the State and Federal Government in
planning and construction of the Prairie Parkway.
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Comprehensive Land Use Plan tApdate
Goals and Objectives
Objective 3.3: Coordinate with the County the development, alignment and
construction of the Eldamain Road project and the Countryside
extension.
GOAL 4: Provide for alternative modes of transportation, including pedestrian
connectivity and bicycle accommodation, in order to ensure that
transportation needs are met in ways other than the roadway system itself.
Objective 4.1: Provide alternatives to the automobile, such as citywide hike and bike
trails, as well as identifying means by which such alternatives can be
accommodated within the existing and future transportation system;
hike and bike trails should be incorporated into the greenbelt system
whenever possible.
Objective 4.2: Ensure that within new developments, hike and bike trails are
incorporated and that they are connected to existing and future trails.
Objective 4.3: Provide for pedestrian connectivity between various land uses (e.g.
parks, schools, churches, neighborhood retail).
Objective 4.4: Explore options for linking the City's trails into the regional trail
system.
• Open Space
GOAL 1: Identify key scenic view corridors
which define the character of
Yorkville.
Objective 1.1: Take into consideration
building height restrictions "`�`¢�--_•--. ,.:,_
and alignments of ?
community parks and open xyr;...
space corridors to preserve "'
desired views, especially of the Fox River Valley and historic sites.
GOAL 2: Promote respect, conservation, enhancement and protection of important
natural features and resources.
Objective 2.1: Ensure the local environmentally
sensitive areas are documented so that
any development in and around such .
areas can be carefully monitored. = •
Objective 2.2: Develop guidelines for preservation of -
significant trees and natural areas.
•
GOAL 3: Incorporate the City's park and open space _. •'r
system into natural areas of Yorkville.
Objective 3.1: Utilize floodplain areas (which are not developable) within the park
system, for greenbelts, improved trails and/or public open space.
tAvtifecl City of Yorkville
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Comprehensive Land Use Plan Update
Existing Land Use}analysis
Existing Land Use Analysis
■ Characteristics of Yorkville's Existing Land Use Patterns
• Single-family land use is
the predominate land use
within the City. The
current land use trend in
Yorkville consists of more
intense development being 1
planned and developed Aib I
along the Route 47 /Or' `•'
corridor. Due to the high
traffic volume associated
with Route 47, retailers are � �- - :'
attracted to the corridor. °°gti --
The logical and appropriate growth pattern consists of higher intensity residential uses
located around the commercial areas. The higher density residential areas (including
townhomes and multi-family) serve as a transitional uses to the more traditional single
family suburban and estate neighborhoods.
In addition to the growth along the Route 47 corridor, traditional suburban and estate
subdivisions are planned throughout various portions of the study area.
• The Downtown area is characterized by a mixture of land uses, including single family
residential, multi-family residential, public/semi-public and commercial uses.
• Although no national
standard or ratio exists
for land use
percentages, a
sweeping survey was
conducted by the •
American Planning
Association that
attempted to define
acceptable land use
percentage ranges for thriving, sustainable cities. The study divided communities into
two categories, communities with populations over 100,000 residents and those with
less than 100,000 residents. The study does underscore the difficulty in defining
sustainable land use percentages, as each city utilizes a different means to classify
land uses. Since there is no national standard for land use classification and/or
definition, the data set forth in the survey is a rough estimate. However, even with
imprecise measuring tools to quantify and compare land use ratios, the data does
provide a rough comparison of land use percentage ranges for cities of similar size.
For cities with populations similar in size to Yorkville, the single largest land use was
residential, usually with 80-90% being single family residential classification. As for
commercial/industrial land use, the cities ranged from 12% to 28% of land zoned in this
manner while the range of parkland ranged from 1% to 15%. The wide range in
percentages illustrates that each city is unique and is affected by different market
forces and development goals.
l/1nitecl City of Yorkville
13
Comprehensive Land lAse Plan LApdate
Land lAse Plan
Land Use Plan
• Intent
The land uses that develop in the coming
years, combined with maintaining the
viability of existing land uses, will shape the
character and feel of Yorkville as it expands
geographically to accommodate the
continuing surge in population. To
effectively plan for this unprecedented
growth, a Comprehensive Land Use Plan
Update has been created to study the
existing Land uses and plan for the sensible
future growth and development of Yorkville.
The Comprehensive Land Use Plan Update evaluates a large area south of the Fox River
as previously stated. For the purpose of this update, the land use classifications defined in
the September 2002 Comprehensive Land Use Plan have been maintained. The only
exception to the land uses is the addition of a `neighborhood retail' land use category
intended to provide for smaller scale community retail services to serve residents within a
closer proximity to their homes.
• Planning Considerations
This Comprehensive Land Use
Plan Update takes into account
the elements that define the • .
unique character of Yorkville, ,•
preserving and enhancing those
elements that work to create a • �►
recognizable identity for the City.
The Comprehensive Land Use
Plan Update will assist City
leaders in guiding and directing
growth to ensure that new
developments integrate
seamlessly into the fabric of Yorkville. To accomplish this goal, the Comprehensive Land
Use Plan Update was created based upon specific criteria to effectively direct growth and
development. Such criteria included: compatibility with existing land uses, existing zoning,
environmental features, residential density, open space, transportation, other infrastructure
systems and aesthetic criteria.
The following discussion outlines the different types of land uses that are recommended for
Yorkville's Comprehensive Land Use Plan. All of the land uses discussed should be tied to
the Design Guidelines chapter of this Comprehensive Land Use Plan Update, ensuring that
new development makes a positive contribution to the character of the City.
• Prairie Parkway
At the time of adoption of this Comprehensive Land Use Plan Update, the State of Illinois is
evaluating alternatives for a corridor for the Prairie Parkway, a proposed limited access
highway to connect Interstates 90, 88 and 80. In relationship to the Yorkville planning area,
l/tvtitecl City of Yorkville
14
Comprehensive Land Use Plan Update
Land Use Plan
one proposed alignment enters from the south near Route 52 and continues north to Route
30 along the western boundary of the study area. While a commitment to build this
highway and even its exact location are not yet a certainty, the continued debate to provide
a major transportation route in the vicinity signals the need for Yorkville and surrounding
jurisdictions to recognize the possibility of its construction and appropriately plan for it.
Similarly, Kendall County continues its discussion on the possible extension of Eldamain
Road from Route 30 at the north to 1-80 on the south, crossing the Fox River along the
western limit of the Yorkville planning area.
Consistent with its intent, this Comprehensive Land Use Plan Update allows for changes to
the Future Land Use classifications to accommodate appropriate uses adjacent to the
Prairie Parkway and an extended Eldamain Road, particularly at interchanges and access
points. Such areas may be well suited for concentrations of uses that provide local and
regional employment and commerce opportunities.
■ Interpretation Policies
The City should utilize the
Comprehensive Land Use Plan Update
and the associated policies in this
report to further establish the general
pattern of development within Yorkville
and its growth boundaries. This
pattern of development should be "t' .
implemented through adopted policies,
enacted ordinances and recognized
guidelines (as appropriate). This
Comprehensive Land Use Plan Update
provides a context for this pattern
through a general description of land
use categories and explanation of key
components of the Plan. It is important to note
that the Comprehensive Land Use Plan Update
is not the City's official zoning map. Rather, it
is a guide to decision making in the context of
the City's future land use pattems.
t.�
It is important to recognize that proposals
contrary to the Comprehensive Land Use Plan
could be an improvement over the uses shown
on the Comprehensive Land Use Plan for a
particular area. This may be due to changing
market demands, development trends and/or
economic trends that occur at some point in the
future after the Comprehensive Land Use Plan
is adopted. If such changes occur, and trailipt
especially if there is a significant benefit to the 4 Iw
*
United City of Yorkville, then these proposals
should be approved and the Comprehensive
Land Use Plan should be amended
accordingly.
Utnited City of Yorkville
15
Comprehensive Land L1se Plan Update
Land Llse Classifications
Land Use Classifications
■ Residential Land Use Classification
One of the residential development goals of the Comprehensive Land Use Plan is to
provide a diverse range of housing choices well distributed throughout the planning area.
The Comprehensive Land Use Plan designates locations and sets development design
parameters to help provide quality residential neighborhoods for all residents of the United
City of Yorkville.
For the purposes of this Comprehensive Land Use Plan Update, the land use definitions
have been referenced from the City's current Comprehensive Plan. However, the density
within the Estate category has been modified. As a supplement to the definitions, a brief
narrative4has been added to each land use as it relates to the updated study area. The
narrative provides a general justification for the placement of each use shown on the plan.
To effectively guide appropriate residential development and densities that best fit the
Comprehensive Land Use Plan's residential development goals, the Comprehensive Land
Use Plan Update defines the following Residential Land Use classes: Estate
Neighborhood, Suburban Neighborhood, Transitional Neighborhood, Urban Neighborhood
and Traditional Residential Neighborhood.
Future developments ideally would provide a variety of housing types, as well as
opportunities for citizens to interact with each other, their natural surroundings and the
entire United City of Yorkville. Such distinct residential environments are not only
characterized by their location and density, but are defined by the quality of the
architectural design, landscape and preservation of open spaces and existing natural
features. The design of a development is equally crucial in its affect on the City as its
overall density.
An important consideration with regard to locational criteria for this land use classification is
to ensure that any non-residential uses that are adjacent are as compatible as possible.
Higher intensity residential land uses, such as townhomes and apartments, are considered
to be compatible uses between single-family residential and non-residential uses.
• Estate Neighborhood
12,164.4 acres• 36.7%
Intent
The Estate Neighborhood is intended to provide areas for low-density detached single-
family residences. The Estate Neighborhood is characterized by substantial open
spaces along roadways and between properties. This "open" character is often
identified with the United City of Yorkville and this land use classification intends to
protect and enhance this identity. Gross density in Estate Neighborhood areas should
be less than 1.75 dwelling units per acre.
Developments requesting densities above 1.5 dwelling units per acre shall illustrate
compliance with the Design Guidelines chapter of this Comprehensive Land Use Plan
Update. In addition to showing compliance with design guidelines, the developer must
also demonstrate their ability to add specific improvements such as:
l4nitecl City of Yorkville
16
Comprehensive Land LAse Plan Update
Land Glse Classifications
• Assist with funding offsite City infrastructure improvements (water, wastewater,
transportation)
• Integration of architectural standards (i.e., masonry, side entry garages, anti-
monotony setbacks and elevations) that exceed the requirements of the City's
current appearance codes and architectural standards
• Landscaping (i.e. increased landscape buffers, planting)
• Increased allocation of open space beyond City requirement
Location
• Existing developed areas of large lot single-family detached residences
• Planned locations outside of the City's urban/suburban core situated to create an
effective transition to the outlying rural and agricultural areas
• Areas adjacent to existing estate neighborhoods
• Areas in the Northeast and Northwest portions of the study area which contain
significant tree masses
• In areas with more substantial topographic relief
• In areas with limited wastewater service
• Along the Prairie Parkway corridor to maintain a rural character
• Along the eastern and western limits of the study area to maintain a lower density
perimeter for the City
• Special Study Area
4,785.4 acres • 14.4%
Intent
Currently falling under the classification of Estate Neighborhood, the Special Study
Area is designated to allow for additional analysis to evaluate factors affecting this area
only. Variables to be considered include reviewing water and waste water service, land
use classification and impacts from development to the south and east.
During the Planning Commission Public Hearing on November 10, 2004, the eastern
and southeastern portions of the Comprehensive Plan Update study area were
identified as an area of special interest. The area is currently designated as primarily
Estate Land Use classification. Because the eastern and southeastern portions of the
study area have significant issues regarding waste water service, residential land uses
and development pressure from the south, the Planning Commission has
recommended additional discussion and evaluation of this area. An overlay
designation has been placed on the map to graphically communicate the area identified
for further discussion.
L/thited City of Yorkville
17
Comprehensive Land Use Plan Update
Land Use Classifications
A drainage divide occurs within the study area in the vicinity of Ament Road. The area
north of the divide drains to the Fox River and the remainder of the study area drains to
the south/southeast into the Aux Sable Creek watershed.
The sanitary districts serving Yorkville are the Yorkville-Bristol Sanitary District (YBSD)
and the Fox Metro Water Reclamation District (FMWRD). The service area maps for
both districts currently do not show this area being served by either district. Possible
options for providing sanitary service to these areas might include:
a. service by YBSD or FMWRD if future studies determine that service is
physically and financially feasible for this area.
b. compilation of large tracts of land into a master planned community using
modern land application techniques to dispense treated water over large open
space areas.
c. waste water service from the developing Aux Sable Creek corridor.
Due to the uncertainty and the number of variables involved in providing waste water
service to the area,the land uses in this area should remain flexible. The land uses will
need to work in conjunction and support the type of sanitary service ultimately created
for this area.
In order to properly evaluate the land uses and associated cost of serving the special
study area, it is recommended that ongoing discussions between the City and the
appropriate waste water service providers continue. It is recommended that the City
request input on the respective district interest, feasibility and associated costs to
provide service to this area. This coordination and communication will be critical to
understanding the costs associated with serving the special area and the appropriate
land uses necessary to justify the expense and remain competitive with the
surrounding development pressures.
Irregardless of the option selected to serve the area, the City has expressed sensitivity
to the complexity of the current development situation and is committed to searching
for flexible and creative solutions which provide win/win situations for the City,
landowners, development community and utility service providers.
Location
• The eastern and southeastern portions of the study area
• Generally, south of Wheeler Road and east of Ashley Road
• South of Caton Farm Road and east of Ashley Road
•
• Land east of the YBSD service map and south of the FMWRD service map
lAvnited City of Yorkville
18
Comprekensive Land lAse Plan Update
Land Use Classifications
■ Suburban Neighborhood
8,266.8 acres •24.9%
Intent
The Suburban Neighborhood is intended to be a residential area primarily comprised of
single-family detached residences. The Suburban Neighborhood seeks to preserve
existing developed areas at this density and to create new lower-density environments
characterized by intimate neighborhoods and residences of distinctive design. As with
the Estate Neighborhood, integration of open spaces, particularly along major
roadways and at the periphery of each development to transition to adjacent areas, is
vital to both the character of the development and the identity of the City. Gross
density in this classification should be between 1.50 and 2.25 dwelling units per acre.
Developments requesting densities above 2.0 dwelling units per acre shall illustrate
compliance with the Design Guidelines chapter of this Comprehensive Land Use Plan
Update. In addition to showing compliance with design guidelines, the developer must
also demonstrate their ability to add specific improvements such as:
• Assist with funding offsite City infrastructure improvements (water, wastewater,
transportation)
• Integration of architectural standards (i.e., masonry, side entry garages, anti-
monotony setbacks and elevations) that exceed the requirements of the City's
current appearance codes and architectural standards
• Landscaping (i.e. increased landscape buffers, planting)
• Increased allocation of open space beyond City requirement
Location
• Planned locations generally situated between the Estate Neighborhoods and
denser Transitional, Urban and non-residential locations within the planning area.
• Generally in areas with limited topographical constraints
• Centrally positioned along the Route 47 corridor
• Transitional Neighborhood
1,476.4 acres •4.5%
Intent
The Transitional Neighborhood establishes a medium-density residential setting that
includes a mix of residential uses within master planned communities. These master
planned communities can have neighborhoods of varying densities, open spaces and
carefully integrated commercial uses.
High-quality multi-family developments would also provide additional areas for young
professionals and families moving into the City. Also, economic development
opportunities are often enhanced by a diversified housing market that would offer a
potential new company's employees a wide-range of housing choices, including
t/tni+ed City of Yorkville
19
Comprehensive Land (Ilse Plan Update
Land lAse Classifications
attached housing. In order to ensure that new apartment and townhome complexes
develop such that they are representative of the high quality of living found in Yorkville,
the City should ensure that requirements related to aesthetics and compatibility are
contained within related ordinances. Such requirements should address:
• Masonry
• Setbacks
• Site Amenities (i.e. landscaping, open space)
• Provision of covered and enclosed parking spaces
This type of housing generally serves as a positive buffering element between single-
family residential areas and major roadways, non-residential uses or high density
residential uses. The Transitional Neighborhood can be designed to provide
intermediary space between lower density residential areas and non-residential areas
allowing greater flexibility of development adjacent to areas subject to development
pressures. Gross residential density in this classification should be between 2.25 and
3.50 dwelling units per acre.
In order to achieve a specific density for a Transitional area, the City's current
standards for providing additional open space still apply. Please refer to the current
Comprehensive Land Use Plan, dated September 10, 2002, for the open space
calculation table to determine the additional amount of open space required to achieve
the desired density.
Location
• Generally between Suburban Neighborhood areas and non-residential uses along
primary roadways.
• As a transitional use at major intersections such as Highway 71 and Highway 126
as well as Route 47 and Caton Farm Road
• Along a potential interchange at Highway 71 and the Prairie Parkway as a housing
option near a potential employment center.
• Urban Neighborhood
36.4 acres • .1%
Intent
The Urban Neighborhood is intended to recognize and preserve existing high-density
residential use areas. Gross density in this classification is between 3.50 and 8.0
dwelling units per acre. Future development likely will be in the form of redevelopment
of existing sites.
Location
• Existing areas in the City developed within the density intended by the Urban
Neighborhood classification.
(it►pitecd City of Yo 'kville
20
Comprehensive Land Use Plan Update
Land Use Classifications
• Traditional Residential Neighborhood
197.8 acres • .6%
Intent
The Traditional Residential Neighborhood classification is created to recognize and
preserve the existing unique residential and mixed use neighborhoods in the developed
core of the City. Residential densities vary within the Traditional Neighborhood. Future
development likely will be in the form of redevelopment of existing sites. Any
redevelopment should be consistent with any future Downtown Plan prepared by the
City.
Location
■ Existing residential neighborhoods in and around the downtown area of the City.
lAhited City of\Ioekville
21
Comprehensive Land LAse Plan Update
Land Llse Classifications
■ Commercial Land Use Classification
The concept of providing areas for retail development is important for Yorkville; retail sales
tax revenue can provide significant funding for City Projects, and will help Yorkville to
continue to provide high quality public services to residents. The Comprehensive Land
Use Plan Update recommendations regarding the locations and amounts of retail use are
intended to provide adequate areas for retail development such that Yorkville's residents
are able to purchase the goods they need locally, without having to travel to surrounding
cities. This will benefit citizens by enabling them to have their retail needs met locally, and
will benefit the City by enabling it to capture the retail tax revenue generated by its
citizenry.
• Commercial
925.5 acres • 2.8%
Intent
The Commercial Land Use classification includes uses such as retail, service,
restaurant, entertainment and professional and small business offices. This land use
classification intends to promote market-sensitive development of commercial uses
within strategically located areas to efficiently, effectively and conveniently serve the
growing local population while reinforcing the importance of the United City of Yorkville
as a regional center. The Comprehensive Land Use Plan's goal for such development
includes expanding the economic vitality and employment base of the City.
Although office, retail and commercial uses are all permitted within areas on the
Comprehensive Land Use Plan map that are designated as such, the nature of each of
these uses are different in terms of their compatibility with residential uses and in terms
of their aesthetic quality. The following discussion of each of these uses should be
used to help guide the City in making specific decisions regarding the appropriateness
of future proposed locations.
Offices uses are generally considered compatible with residential uses, as long as they
are relatively small in terms of their building (and related parking area) size. Offices
can be developed between residential and higher intensity non-residential uses
(commercial, light industrial) as a transitional use. When adjacent to residential uses,
offices should be designed in a manner that is compatible with them. Small scale
offices are recommended in designated Commercial areas throughout Yorkville while
large-scale offices are recommended along major thoroughfares such as the proposed
Prairie Parkway and at the higher intensity development node at Route 47 and Caton
Farm Road.
The Comprehensive Land Use Plan Update strengthens the presence of the existing
core of commercial uses in the City while allowing for additional locations of
commercial development that serve the planning area and minimize conflicts with the
transportation network and adjoining properties. As the Comprehensive Land Use Plan
Update map shows, it is recommended that commercial uses locate along the major
thoroughfares in Yorkville, principally so that such land uses will have good
accessibility. However, because of the nature of commercial land uses, which often
require outside storage, display and sales areas should be buffered from public view
(i.e. they should not be visible from the roadways)and from nearby residential uses. In
addition, it is not generally recommended that residential land uses be located directly
adjacent to commercial land uses.
l'lnitecl City of\Iorkville
22
Comprekensive Land Use Plan Update
Land Ltse Classifications
Location
• The intersection of State Routes 126 and 71
• Intersection of Route 47 and Walker Road
• Intersection of Route 47 and Caton Farm Road
• At the intersection and potential interchange of Highway 71 and the Prairie
Parkway
• Neighborhood Retail
295.3 acres • .9%
Intent
The purpose for the neighborhood retail classification is to provide opportunities for
smaller scale, service oriented retail establishments intended to serve only the
residents within the immediate area. Small-scale retail trade is further defined as land
used for the purposes of serving the retail needs of neighborhoods in close proximity
(e.g. convenience stores, florists, beauty salons, dry cleaners, cafes, coffee shops, day
care centers, small grocery stores, restaurants, etc.). By providing retail opportunities
in close proximity to future residents, trips for everyday needs and services can be
concentrated near residents' homes and reduce the demands for continuous retail and
additional vehicle trips along the major highway corridors.
Where possible, developments should provide pedestrian connections to the
neighborhood retail nodes for alternative transportation access. The neighborhood
retail nodes should also strictly comply with the Design Guidelines sections of this
Comprehensive Land Use Plan Update to ensure attractive, coordinated retail centers
are planned.
Location
• At the intersection of existing and proposed major thoroughfares within the City
such as:
• Ashley Road and Wheeler Road
• Emmanuel Road and Wheeler Road
• Walker Road and Lisbon Road
• Caton Farm Road and Lisbon Road
• Ashley and Caton Farm Road
• At centralized locations to areas of future residential concentrations
• At intersections of highways and major collectors
• Route 47 and Ament Road
• Route 47 and Wheeler Road
l/lnited city of Yoekvi!Ie
23
Comprehensive Land Use Plan Update
Land Use Classifications
■ Industrial Land Use Classifications
The Comprehensive Land Use Plan includes distinct, significant areas to locate industrial
uses and large office and business parks. Such uses provide necessary employment
opportunities for area residents, and strengthen the economic base of the United City of
Yorkville, as specified in the goals and objectives of the Comprehensive Land Use Plan. In
order to provide a variety of industrial uses in Yorkville, two (2)classes within the Industrial
Use Classification are established. The Industrial Use class includes uses such as
manufacturing, assembly, wholesaling and warehousing. The Office/Research/Industrial
Use class envisions a business park setting that includes a significant office component,
along with provisions for limited industrial and hospitality uses.
■ Industrial Use
152.8 acres• .5%
Intent
The Industrial Use class intends to allow limited and general manufacturing, assembly,
wholesale and warehouse uses in distinct areas that can be served well by
transportation and other infrastructure. Because significant land use has been
designated for industrial use at the Northwest portion of the City, this Comprehensive
Land Use Plan Update only illustrates the existing industrial area directly south of the
downtown core.
• Office/Research/Industrial Use
913.2 acres •2.8 %
Intent
The Office/Research/Industrial Use class seeks to encourage development of office
and light industrial uses in a business park-like setting. Primary uses are intended to
be large office properties and facilities for research, testing and product development.
Light manufacturing uses are intended to be limited in scope. Hospitality uses can be
integrated into the business park as an ancillary use. The Office/Research/Industrial
Use class can be used as a transition from traditional industrial uses to other land uses.
Developments in this class should be designed to be non-obtrusive to adjoining
properties and uses.
It is recommended that the City concentrate on attracting businesses engaged in light-
industrial type activities that would be contained within a building (i.e. a minimal amount
of open storage), such as high-tech services, medical services and software
manufacturing. Such light industrial businesses tend to have many of the advantages
of general industrial uses (i.e. employment, increase tax base) without the
disadvantages often related to traditional, heavier industrial uses (i.e. adjacency
challenges, pollution). Target industries for these areas should be refined by the City
through the Yorkville Economic Development Corporation.
Due to the characteristics of the study area for the southern portion of the City, only
limited areas were deemed appropriate for potential employment centers. Because the
Prairie Parkway would provide exceptional access to the north and south from
Yorkville, the intersection of Highway 71 and the Prairie Parkway was identified as an
appropriate location for a future business park. Due to the intensity of land uses at
Route 47 and Caton Farm Road, this area has also been identified as a location which
l/tnitecd City of Yorkville
24
Comprehensive Land Use Plan Update
Land Use Classifications
would be very conducive to office park and employment opportunities. Additionally,
although not specifically within the study area boundary, significant potential exists for
an employment center at the intersection of the Prairie Parkway and Route 47
(approximately 3—4 miles south of Caton Farm Road).
Location
• Highway 71 and Prairie Parkway
• Potentially at Route 47 and Caton Farm Road
■ Park/Open Space Land Use Classification
3,860.4 acres • 11.6%
Intent
The Park/Open Space Land Use
classification is intended to preserve
existing recreational and environmentally
sensitive areas and to establish appropriate
locations for new designated open spaces. +
Consistent with the goals and objectives of
the Comprehensive Land Use Plan Update,
the Land Use Plan also seeks to provide a
connected open space and trail system
linking developments and residents within
Yorkville.
Identified open space areas on the Land
Use Plan Update include large privately
held properties, properties under jurisdiction of the Kendall Country Forest Preserve District
and City owned parks. This classification is not intended to establish locations for open
spaces that are located with Planned Unit Developments or other developments. All
planned developments are expected to consult with the Yorkville Parks and Recreation
Department to ensure that the recreational needs of Yorkville residents are being
addressed.
Location
• Yorkville and Kendall County Forest Preserve District Property on Fox Road
• Harris Forest Preserve
• Richard Young Forest Preserve
• Along existing floodplains and natural drainage corridors
• Along the Fox River corridor
• Lyon's Farm
LAhited Gift of Yorkville
25
Co nprekensive Land Use Plan lApdate
Land lAse Classifications
■ Public/Quasi Public Land Use Classification
62.0 acres • .2%
Intent
The Public/Quasi Public Land Use
classification is intended to locate existing
City, County and sanitary district facilities,
as well as school, park and church
properties, cemeteries and other non-
private land uses. The Comprehensive
Land Use Plan Update assumes that these •
future facilities are allowed within the _x - -
various land use categories illustrated on
the plan as deemed necessary by the City. •
Location
• Existing locations of government,
educational, religious or cemetery
facilities.
• Within future neighborhoods
Based on the land use quantities and possible density ranges shown for the study area, it is
estimated that between 45,000 and 175,000 future residents could inhabit the study area of this
Comprehensive Land Use Plan Update. Based on this potential future population, additional
elementary, middle and high schools will be necessary to meet the needs of the future population.
The exact acreages, quantities and locations for these future facilities will depend upon future
growth and actual population densities proposed by new development. It is recommended that the
Yorkville School District estimate and map future facilities in a supplemental study to this
Comprehensive Land Use Plan Update.
limited City of Yorkville
26
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m FUTURE EMPLOYMENT OPPORTUNITY
o +/- 3 MILES SOUTH OF HELMAR ROAD ESTATE NEIGHBORHOOD D
AT INTERSECTION OF HIGHWAY 47 1
12,164.4 36.7/D
AND PRAIRIE PARKWAY -' - SPECIAL STUDY AREA* 4,785.4 14.4%
SUBURBAN NEIGHBORHOOD 8,266-8 24.9%
%
41141Z� �� 1 J 1 TRANSITIONAL NEIGHBORHOOD 1,476.4 4.5%
URBAN NEIGHBORHOOD 36.4 .1%
111111.
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1E11111 / I 1 NEIGHBORHOOD RETAIL 295.3 .9%
-------------------- COMMERCIAL
925.6 2.8%
INDUSTRIAL 152.8 5%
mmo OFFICE/RESEARCH/INDUSTRIAL 913.2 2.8%
] PUBLIC/QUASI-PUBLIC" 62.0 .2%
PARK/OPEN SPACE 3,860.4 11.6%
L1 EXISTING ROADS - _
- — I PROPOSED ROADS
SCHOPPE DESIGN ASSOCIATES TOTAL STUDY AREA 33,136.5 ac 100.0%
'Due to complexities in serving this area with waste water service,City staff to
L andrea,ne,Arc•hitectu-e and La/rd 1'/c11'17(6,t further investigate options to service the area and evaluate the infrastructure costs
and necessary density to justify the expense. The City may also evaluate creative.
430 W.DOWNER PLACE PH.(630)896-25111 alternative methods for waste water treatment in this area. For the purpose of this
AURORA.IL 60506 FAX(630)R)6 c plan,the underlying land use is estate. NORTH
-31Zh "Does not include all proposed schools and public land uses.
0 2640 5280 10560
?1gn,,r�o The United City Of Yorkville Scale: 1" = 1 MILE
COMPREHENSIVE PLAN
'I, g16"- 800 Game Farm Rd.
I � Yorkville, I L 60560��I@trDate: February 22, 2005
rp' r
t SHEET FILE:TJabs\ files\ deNOplan\february cilycouecilrevised.dwg
LcE_,4, 630-553-4350 UNITED CITY O F YO R KV I L L E Base\2004 mapping0310681cadcompileddraftlanfrom best avai22-2005lable information.All map
ILLINOIS data should be considered as preliminary,in need of verification,and
subject to change. This land plan is conceptual in nature and does
• not represent any regulatory approval. Plan is subject to change.
Comprehensive Land 111se Plan LApdate
Additional Considerations-"Gateway"Overlay Corridors
Additional Considerations - "Gateway" Overlay Corridors
Although this Comprehensive Land Use
Plan provides a means to guide growth and
development within the United City of
Yorkville, additional studies may be
warranted to maintain the City's unique
heritage and character. It is strongly
recommended that an analysis of the major
roadways both present and planned be
undertaken to establish "gateway" corridor
guidelines that emphasize the goals
described by the Comprehensive Land Use
Plan. Corridor overlays have been
depicted on the Comprehensive Land Use
Plan as key visual "gateways" leading into Yorkville. These corridors and their corresponding visual
quality are critical to the perception of the City. By analyzing the land uses, businesses, views and
environmental features along the roadways of Yorkville, corridor plans and design guidelines can
be implemented to guide development along these crucial avenues. Once in place, the design
guidelines will work to create a sense of place, establishing uniform community signage, site
furnishings, landscaping and gateway locations along the major roadways of Yorkville.
Combined with the Comprehensive Land Use Plan, a comprehensive corridor study will ensure that
the unique character of Yorkville is not lost as the City continues to grow and develop. The City
should consider undertaking an analysis of the major roadways, resulting in the adoption of design
guidelines for new development. The corridors identified for further analysis include Routes 71, 47
and 126. This would ensure that development that occurs along these well-traveled corridors is in
keeping not only with the character of Yorkville, but also with the image that the City wants to
project.
l'lhiteci City of Yos.kville
27
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AT INTERSECTION OF HIGHWAY 47
AND PRAIRIE PARKWAY \'
VIEW CORRIDOR
0
aktor
imm N ilm>
GATEWAY OVERLAY
SCHOPPE DESIGN ASSOCIATES
Landscape Architecture and Land Planning 0
430 W DOWNER PLACE PH.(630)896-2501 NORTH
AURORA.IL 60506 FAX(630)896-3228 0 2640 5280 10560
r i
•f0 c,.y The United City Of Yorkville Scale: 1" = 1 MILE
r,,o "GATEWAY OVERLAYS" Date: February 22, 2005
oN. 800 Game Farm Rd. dwg
a4, g Yorkville, IL 60560 UNITED CITY O F YO R KV I L L E SHEET FILE:T\2004 Jobs\03106881cmpil d ftleels available 22-2005 mats nc.Alled map
h Base mapping compiled from best information.
<<e 630-553-4350 data should be considered as preliminary,in need of verification,and
ILLINOIS subject to change. This land plan is conceptual in nature and does
not represent any regulatory approval. Plan is subject to change.
Comprehensive Land Use Plan Update
Appendix
Appendix
Options for Preserving a Rural City Boundary
In the process of creating the Comprehensive Land Use Plan Update, debate ensued regarding the
possibilities for preserving large contiguous tracts of open space and agricultural land. The open
space was described as a rural perimeter defining the edge of Yorkville. In response to these
discussions, several possibilities have been outlined below for further study and debate regarding
the acquisition and/or preservation of open space within the study area. The pros and cons
associated with each possibility have been listed to aid City Officials in future discussions.
Land Pooling
Pros Cons
• Can better control land uses as property • No comparable case study
owners have common goals and vested • Requires multiple land owner cooperation
interest • Long term returns
• Easier to entitle
Impact Fees
Pros Cons
• Development can pay way for preserving • May drive developers away
City boundary • Land prices are already very high
• Only taxing new growth • Raises housing costs
Bonds/Referendum
Pros Cons
• Buy large, contiguous property at one • Taxes all existing and future
time homeowners
• Risky for City financially
• Compromises City's position to back
other needed improvements
Prairie Land Preserve—Conservation Group
Pros Cons
• Can preserve and restore large areas of • Price of land might be too high
open space • Limited organizations available
Greenbelt
Pros Cons
• Implement through master parks plan • Narrower land area for buffer
l4vtited City of Yorkville
28
Comprehensive Land Use Pian Update
Appendix
Density Transfer
Pros Cons
• Developer can receive an increase in unit • Higher density product
count in return for bringing density from • High price of land
desired City preserve area • Land owners must be willing to sell their
• City could set up fund to bank all of density rights
density credits and buy land in logical
pattern
L/lnited City of Vovkville
29
Design Guidelines
Table of Contents
Design Guidelines
Table of Contents
Introduction 2
Description/Background
Purpose of Guidelines
Submittal/Approval Process
Principles Overview
Overall Planning Principles 5
Desirable Elements
Undesirable Elements
PRINCIPLE 1: Preserve/enhance open space and environmental features 5
and rural character
Preserve Existing Vegetation
Create Recreational Opportunities
PRINCIPLE 2: Promote connectivity between land uses and 6
adjacent developments
Develop Comprehensive Master Plans
Provide Continuous Paths
PRINCIPLE 3: Provide transitions between land uses 7
Building Mass Hierarchy
Use of Open Space and/or Landscaping as a Transition Zone
Site Planning Principles 9
Desirable Elements
Undesirable Elements
PRINCIPLE 4: Incorporate existing site conditions into development plans 10
Drainage Patterns
Topography and Soils
Vegetation
PRINCIPLE 5: Provide a sense of architectural interest and unique 11
identity throughout the City
Buildings
Orientation
Facades
IAnited City of Yorkville
Comprehensive Land ()Ise Plan lApdate
•
Design Guidelines
Table of Contents
Roof Treatment
Materials and Colors
Height
Scale
Hierarchy
Entrances
Retaining Walls
PRINCIPLE 6: Enhance pedestrian experience and establish sense of 19
place through careful design and location of open spaces
View Corridors
Parks and Trails
Courtyards and Plazas
PRINCIPLE 7: Thoughtful consideration of vehicular and pedestrian 21
circulation within individual developments
Vehicular Circulation
Primary Site Entrances
Internal Drives
Drop-Off Areas
Service Areas
Pedestrian Circulation
Sidewalks
Crosswalks
Pedestrian Circulation in Parking Lots
Accessibility
PRINCIPLE 8: Appropriate design of parking lots, utilities, service areas 25
and detention areas to reduce the negative impact of
typically unattractive site components
Parking
Shared Parking
Store Front and Street Parking Requirements
Bicycle
Substations/Water/Wastewater Stations
Detention
Location of Utilities
Location of Service/Delivery/Trash/Storage Areas
Landscape Principles 29
PRINCIPLE 9: Provide a unified landscape treatment throughout the City 29
through the use of consistent•right-of-way and buffer
treatments
Landscape Character
"Gateway"Corridor Landscape Treatments
Primary Gateway Corridors
United City of Voekvilte
Comprehensive Land Use Plan Update i�
Design Guidelines
Cable of Contents
Secondary Gateway Corridors
General Planting Requirements
PRINCIPLE 10: Enhance the aesthetic appearance of development 33
and lessen the impact of undesirable site components
through the effective use of landscaping
Intersections and Site Entrances
Landscaping Adjacent to Non-Residential Buildings
Parking Lot Landscaping
Unimproved Pad Sites
Dumpster/Trash Receptacles/Outdoor Storage
Community Character Principles 35
Desirable Elements
Undesirable Elements
PRINCIPLE 11: Establish unique gateway entry features to identify 36
the City
PRINCIPLE 12: Establish a comprehensive theme and a consistent 37
family of lighting and site furnishings for all public and
private spaces
Architecture
Site Furnishings
Seating/Benches
Planters
Waste Receptacles
Light Fixtures
Public Art Program
PRINCIPLE 13: Create a cohesive signage program. 41
Signage Design
Project Entry and Monument Signs
Neighborhood Entry Signs
Directional Signs
Wall Signs
Projecting Signs
Window Signs
Street Address Markers
Prohibited Signs
L/lnited City of Yorkville
Cow►prekensive Land Use Plan Update iii
r r
Design Guidelines
Jntroduction
Introduction
In addition to presenting a pattern of 1111,
land uses and guiding residential
densities, this Comprehensive Land
Use Plan Update is equally committed
to realizing attractive and functional
de signs for land uses, stressing
quality site design, building design
and landscape design. Therefore this
Comprehensive Land Use Plan
Update expands upon the more
general land use goals, objectives
and policies through the
establishment of specific development 4y
Design Guidelines. These Design
Guidelines identify and address site
development, architecture and
landscape issues while providing
general guidance to developers and
City staff creating and evaluating land
development proposals. As a result, Rural character of Yorkville
future development can respect and
enhance the character and quality of
life in the United City of Yorkville.
■ Description/Background
The United City of Yorkville is located 55 miles .,
southwest of Chicago, Illinois. Yorkville is known
as a picturesque community located along the Fox
River, offering residents a pastoral setting and
rural living. The community is currently faced with
rapid growth and desires to maintain the natural •
characteristics of the area while planning for ...
-
orderly, appropriate growth. The City has r -r: `
commissioned a Comprehensive Land Use Plan
Update for approximately 30,000 acres south of
the Fox River to ensure coordinated, high quality
development occurs which maintains the unique Fox River
heritage and character of Yorkville. These design
guidelines are intended to supplement the Comprehensive Land Use Plan Update and provide
general direction for those wishing to develop property within the City's growth boundaries.
l/lnited City of Yorkville
Comprehensive Land Ilse Plan Update 2
Design Guidelines
1ntrod fiction
The key objectives of the Design Guidelines are to:
• Educate the public, developers, property owners and plan reviewers as to the desired and
expected vision for development in Yorkville.
• Present clear principles and priorities for achieving the vision for the City.
• Create a sense of place.
• Increase connectivity and focus commercial activity into defined nodes.
• Illustrate specific techniques to use when planning and developing within the City
■ Purpose of Guidelines
The Design Guidelines for the Comprehensive Land Use Plan are intended to maintain the unique
character and acknowledge the heritage of Yorkville. In order to respect these objectives, there is a
need to establish and maintain certain standards by which future development within Yorkville may
occur. While the guidelines provide specific recommendations for development, they cannot cover all
circumstances. It is the intent of the design guidelines to provide flexibility while achieving a sense of
continuity and visual harmony within the United City of Yorkville.
These design guidelines illustrate the proposed community character and establish an overall
framework and comprehensive set of principles to allow the community to develop in an orderly and
cohesive manner. They establish criteria for overall community planning, individual site planning,
landscape concepts, signage design as well as the architectural style and design for commercial,
residential and civic areas. The guidelines outline ways to maintain the inherent character of the City
while at the same time enabling individual developments to be distinct from one another.
• Submittal/Approval Process
All site development proposals are required to be submitted to the City for review. Further, it is the
applicant's responsibility to ensure compliance with the latest revisions to these guidelines. Copies
will be made available upon request to the City.
These design guidelines apply to all improvements including construction involving remodeling and/or
additions to existing buildings and developments. The City will review all proposed site plans for
compliance with the established regulations/guidelines contained herein.
Modifications to this manual may be made to clarify or expand the requirements and to maintain the
overall goals established in the Comprehensive Land Use Plan.
• Principles Overview
The design guidelines focus on the overall scale of the City while also considering individual sites. In
addition to general guidelines, detailed design components such as site furnishings, specific
landscaping, architectural styles and themes for community identity are presented to further define
the character of Yorkville.
The Design Guidelines of the Comprehensive Land Use Plan are divided into four categories of
design principles: Overall Planning, Site Planning, Landscaping and Community Character.
LAhitecl Gift' of Yorkville
Comprehensive Land l/lse Plan l4pdate 3
Design Guidelines
Ontroduction
■ Overall Planning
One of the objectives of the Overall Planning principles is to respect existing environmental and
cultural features and outline ways development can appropriately occur without compromising the
integrity of the existing features. Another critical component of the Overall Planning principles is
ensuring coordinated, comprehensive developments which are connected and incorporate
appropriate transitions between various land uses.
• Site Planning
The objective of the Site Planning principles is to address individual developments and provide
standards for creating attractive projects. The Guidelines outline specific techniques to achieve
the desired aesthetics within individual developments.
• Landscaping
The Landscaping principles outline requirements for landscape treatments for developments with
respect to buffers, right of way treatments, screening and site enhancement.
• Community Character
A fundamental goal of the design guidelines is to create a cohesive vision that reflects the unique
character of Yorkville. By establishing a vision/theme for public and private properties within the
City, a sense of character will be evident throughout the entire community. The Community
Character principles outline specific design features such as architectural elements, gateways,
major intersection enhancements, site furnishings, light fixtures and signage criteria
recommended to maintain a consistent and unique identity for the City. The character principles
are intended to allow for variation between individual developments while maintaining consistent
features throughout the City.
L/lnited City of Yorkville
Comprehensive Land Use Plan Update 4
Design Gtiidelines
Overall Planning Principles
Overall Planning Principles
The Overall Planning Principles address issues that impact development within the City, primarily
focused upon issues related to land-use within the City.
PRINCIPLE 1: Preserve/enhance open space, environmental features and rural character
PRINCIPLE 2: Promote connectivity between land uses and adjacent developments
PRINCIPLE 3: Provide transitions between land uses
• Desirable Elements:
The following elements shall be incorporated into the developments within the City:
• Preservation of historical structures and rural landmarks such as barns and farmsteads
• Preservation of existing trees
• Trailheads signifying the starting point of pedestrian pathways
• Shared access points to development
• Connections to adjacent properties to incorporate future development
• `Step down' of building height with respect to adjacent, lower intensity land uses
• Protect and preserve right-of-way for future expansion
• Incorporate exclusive turn lanes into developments and at intersections
• Undesirable Elements:
The following elements are discouraged in developments within the City:
• Destruction or loss of natural open space and environmentally sensitive areas
• Fragmented open space
• Numerous traffic signals and uncoordinated driveway connections
• Curb cuts for individual businesses
• Drastic change in intensity of land use within developments and among adjacent properties
PRINCIPLE 1: Preserve/enhance open space, environmental features and rural character
One of the primary goals of the design guidelines is to preserve the unique character of Yorkville.
Several strategies can be implemented in order to protect the open space that currently exists and
enhance the quality of open space throughout the City.
• Preserve Existing Vegetation
Recognizing that the existing tree cover throughout •
Yorkville is a significant benefit to the character of the City, '`' � _•
emphasis shall be placed on preservation of existing trees. - ,
• When developing private property, grading should be •:A .;
managed in an effort to reduce mass grading activities
that would negatively impact existing tree cover.
• Site planning should incorporate strict preservation
requirements, focusing development into clusters that
protect existing tree stands. (Refer to PRINCIPLE 4) vege a ion a ong roe.way
!limited City of Yorkville
Cow►prelkensive Land I./Ise Pian lApdate 5
Design Guidelines
Overall Planning Principles
• Utilize existing vegetation as a natural screen for z
parking and other elements that need to be J.
screened from public view. (Refer to PRINCIPLE 8) IA .
1.rif''':, ' -54er-
• Preserve historic structures and farmsteadsa ' "".•e' fa,/a,• 0
• When developing private property, consider ,:41:-. 0I %._ '
incorporating barns or other structures and
features, which express the rural character of s pot
Yorkville, into the plans for open space or parks.
i
• Create clear sight lines from adjacent major
roadways to the preserved structures to maintain
some of the rural qualities currently experienced Historic Farmhouse
throughout the City.
• Create Recreational Opportunities
Yorkville's existing and proposed open space ' '
network provides a significant opportunity to
establish a comprehensive trail system and
expand the City's recreational open space system. • '.•
Thoughtful design and incorporation of a ,
coordinated trail system will provide critical ,
linkages between developments and open _
spaces. r - ,.,-�-
• Provide public trailheads within or adjacent to
new development to serve as a means tot _
_ _
integrate development into the open space •-•••.‘„
system. Locate trails through open space
• Careful consideration should be given to trail connections within individual site plans to
encourage alternative modes of transportation.
PRINCIPLE 2: Promote connectivity between land uses and adjacent developments
Provide a comprehensive approach to development that focuses upon developing master plans that
provide vehicular and pedestrian connections between adjacent properties. Consideration should
be given to future development on and off-site. Planning for future expansion and connection helps
create a sense of organization and assists in mitigating the traffic and number of access points
along major roadways.
• Develop Comprehensive Master Plans
Master plans should be developed to address relationships with adjacent properties, including
but not limited to; the impact on circulation, building orientation, building massing, building scale,
drainage patterns, topography and existing vegetation.
l/lnited City of Yorkville
Comprehensive Land LAse Plan l4pdate 6
16.
Design GHiclelines
Overall Planning Principles
• Provide Continuous Paths
Having convenient and easy access to a variety of activities and uses is important in creating a
strong sense of community. Providing connections between developments and considering how
future developments can be incorporated into the comprehensive plan is critical to the overall
success of the City.
Vehicular
• In order to provide connections between
•
developments while at the same time limiting the . -
number of access points onto Route 47, site ' f'
plans shall be developed to incorporate
connections to existing and future adjacent
development. • "-�r,:,.. . ,•�
PO
• Site planning of non-residential areas shall , -t•-••
consider designing arkin lot circulation to •"":;• ,
provide shared access points for adjacent ;. re,,;j`
developments, thus minimizing access points . j
along major roadways.
Shared access points for
• Add street stubs for future development in non-residential developments
residential areas to create continuous street
networks.
Pedestrian
• Proposed site plans shall incorporate pedestrian routes
within the development as well as connections to -
adjacent development. '41.41‘14‘.., ^'
Pedestrian links shall be provided to public destinations 3 , _
•
• `
such as schools and parks. '-- -
czvir
• Buildings and plazas should be oriented to clearly e=i U
identify linkages to adjacent developments.
Pedestrian link to park
PRINCIPLE 3: Provide transitions between land uses
Providing an appropriate means of transition between different land use intensities is important for
creating compatible uses within the City. This can be done a variety of ways, ranging from the
architectural style, scale and location of buildings,to the use of open space and landscaping.
• Building Mass Hierarchy 4--fie 4-f +-
• Incorporate medium intensity I I I 40"-N
development between
projects of low and high
intensities.
GoW Mooruy H/GH
017711M31TY /ngrNJ'rr rwraws irr
Building masses'step down'between different intensities
l/lnited City of Yorkville
Comprehensive Land l/Ise Plan LApdate 7
Design Guidelines
Overall Planning Principles
■ Building massing and height should provide a "step down" effect as a transition between
different land use intensities.
■ Similar architectural styles may be incorporated on different land uses and various
densities within a development.
• New buildings should be compatible in relation to scale and materials of existing adjacent
developments.
• In residential developments, higher densities should be located closest to core activity
areas.
■ Use of Open Space and/or Landscaping as a Transition Zone
When transitions cannot be achieved through the variety of techniques listed previously,
landscaping and/or open space may be used to provide a transition. Utilizing any existing
vegetation provides a mature, natual buffer. If existing vegetative buffers are not possible, utilize
landscaping to screen and buffer residential uses from high intensity, non-residential uses.
L4nitecl City of Yorkville
Compreker►sive Land lAse Plan LApdate 8
Design Guidelines
Site Planning Principles
Site Planning Principles
The Site Planning Principles address issues that affect the way that individual sites should be
developed in order to blend in with the existing character of the City.
PRINCIPLE 4: Incorporate existing site conditions into development plans
PRINCIPLE 5: Provide a sense of architectural interest and unique identity throughout the
City
PRINCIPLE 6: Enhance pedestrian experience and establish sense of place through careful
design and location of open spaces
PRINCIPLE 7: Thoughtful consideration of vehicular and pedestrian circulation within
individual developments
PRINCIPLE 8: Appropriate design of parking lots, utilities, service areas and detention areas
to reduce the negative impact of typically unattractive site components
• Desirable Elements:
The following elements shall be incorporated into development within the City:
• Richness of building surface and
texture
• Articulated mass and bulk .7.1.--,:;"71•4'' �r \le“ 0 11
• Clear visibility of entrances ''^ f-� , 4a , •
t '
• Well organized commercial ,sc _' "'W • , .10;
signage c�\
• Landscaped and screened
parking t. .
• Special paving identifying vv. <<% \• i
intersections and crosswalks +. k , .
• Pedestrian friendly streetscapes i � 4{ L lit: -
and open spaces �` ! ` 4
• Thoughtful consideration of t" :-i .e "-
circulation 4
• Screening of mechanical, - '.
equipment, service areas, parking Richness of building materials creates visual interest
lots and any undesirable elements
• Step-down of building scale along
pedestrian routes and building .'"*".1•05',;.,:•.'i:%1: ti ,'"N= "7
entrances
• Recognition of building hierarchy
• Formal entry plazas and h`^ .•
courtyards • .1(0.•
• Detention used as an amenity s + '42,.
• Existing trees incorporated into =' - k
development
• Multi-planed, pitched roofs
• Roof overhangs and arcades .,''
• Provide defined entrance roads
into developments and provide
adequate vehicle storage bays at
egress drives Landscaping softens the view of parking
lAnitecl City of Yorkville
Comprehensive Land Use Plan Update 9
Design Guidelines
Site Planning Principles
• Undesirable Elements:
The followingelements are discouraged in developments
within the City:
• Concrete detention basins
• Large, blank, unarticulated wall surfaces
• Visible outdoor storage, loading, equipment and rte'
mechanical areas Avoid large expanses of parking lots
• Disjointed parking areas and confusing circulation
patterns
• Large expanses of parking/asphalt
• Service greas near major entries and/or that are easily
visible from roadway
• Poorly defined site access points
• Large"boxlike" structures Avoid large blank wall surfaces
PRINCIPLE 4: Incorporate existing site conditions into development plans
New development shall protect the existing
environmental features throughout the City and minimize
the impact of the development on the site and the
surrounding land.
•
• Drainage Patterns
)1111Ir
Proposed site plans shall incorporate existing
drainage patterns on site in an effort to avoid
significantly altering the manner in which drainage
flows offsite. At the time of site plan submittal to the
City, a drainage and detention plan must be
submitted. The location and type of drainage
facilities must be shown. Drainage swale utilizes natural drainage patterns
• Topography and Soils
• Minimize cut and fill on site to reduce
effects upon the natural drainage
pattern and natural character of the
site.
• Minimize disturbance in areas of
significant existing vegetation. If
necessary for site development,
consider using tree wells and retaining
walls to preserve existing trees where
possible.
Work with existing topography to avoid large cut and fill
(A itecl City of Yorkville
Comprehensive Land Lltse Plan Update 10
Design Guidelines
Site Planning Principles
• Development on unsuitable soils is prohibited. Incorporate unsuitable soils into an open
space component of the site plan.
• Stockpile top soil for later use in landscape areas.
■ Vegetation
• Preserve existing trees
a * e a-is k - s�� e i:::•,,, .
Every effort should be made in x<. ., . _ ,, « F
the planning process to ,< ' ,:,.,4'
,,-
incorporate quality, existing trees I • "
into the site plan design. Any ~" -7,-------g- ' �. , .
quality, existing tree that occurs v`4. ..
within the specific buffer yard as
required per PRINCIPLE 9 shall LI- ' ._
remain undisturbed and be -_— ,.,,:- d;.tei-7-:'',77:::::'
protected as part of the landscape ''' - i s '7-,`..,,,t..,,,..„-, iii
buffer. Preservation of existing vegetation as buffer
PRINCIPLE 5: Provide a sense of architectural interest and unique identity throughout the
Cil:
The Architectural standards are provided to preserve and guide - w,. NINII
the character of architecture throughout the City while allowing 'r
for individual architectural interpretation. All architectural
- ie41
proposals must be compatible with the vernacular of the N /\
northern Illinois region. In order to ensure compliance with theS,�
following architectural guidelines, the City requires that building
elevations, plans, materials samples, color samples and
illustrations be submitted forreview and approval prior to the
•• •
0
commencement of building construction. .
di
• Buildings L.
Building orientation creates central open
space on axis with the main entry drive
• Orientation
Building orientation should take ;'„ '+ •
advantage of the building to site , 4f,q. "
relationship. The orientation and : ,_ . .'. ':,,(, • s
location of buildings defines open r ...� ,`' h .
e ..
spaces and circulation corridors.
• Align focal architectural w A'
elements along major view or rF=- _ n s e •#
circulation axis. ''
4....A.rigUll
T
• Define pedestrian spaces and
streetscapes with building
orientation.
Orient primary buildings on axis and use as focal points
l/lnifed City of Yorkville
Comprehensive Land Use Plan Update 1 i
Design GNiclelines
Site Planning Principles
• Create view corridors
CObetween buildings, plazas, FOR VIEWSDER OFF SRR)m
FOR VIEWS OFF SIZE
courtyards and adjacent
• FOOTPRINT AN
buildings. VEGETATION CREATE
GOOD OPPORTXN7Y
FOR PATIO
• Create pedestrian spaces LOCATE BUILDING TO
and plazas by varyingi PRESERVE VEGETAMXN
building facades.
PORCH ENCOURAGES
• Cluster buildings whenever _ A CROW YARD ACUITY
possible, creating
opportunities for plazas and Residential building orientation creates
pedestrian malls. Prevent private,intimate backyard space
long, linear facades from
dominating the view.
• Buildings adjacent to
Routes 47, 71 and 126
must face the primary
roadway. No service cmEN�ZeutDeNcs Ste'.. `� � •
access, storage, etc. is OPE"�`K� `#
allowed to face Routes ri _ .
47, 71 and 126. �� .� ,
_ _ r� r �.
eunD+ws FORM Aes
• s�oNc A Vl ft bn - •j
Develop sites in a
p RM-IONSIYP i9
comprehensive and w 'F, ! :
coordinated manner to hflC -
provide order and 10114eon , y 1.4
,
compatibility (especially Jot -'t Zaa -
in the case of large sites Building orientation can define main activity areas
which will be developed
in phases).
• The exterior character and
orientation of all buildings and
the spaces they define should
encourage and enhance
pedestrian activity.
• Attention should be given to111111J1111
the quality and usability of theoutdoor spaces formed by the
exterior of a dwelling and ' ®s
adjacent dwellings. Avoid ,21 I
locating the private area of
one dwelling adjacent to the
public area of an adjacent
dwelling. Rear and side facades should incorporate
architectural design elements
L4 iteel City of Yorkville
Comprehensive Land Use Plan Update 12
Design Guidelines
Site Planning Principles
• In multi-family residential developments, buildings should be oriented to create
functional outdoor spaces.
• In residential neighborhoods, consideration should also be given to the views from
adjacent dwellings and public spaces.
• Facades
Building facades should achieve a high level of visual interest when viewed from
automobile and pedestrian vantage points.
• In residential developments, front yards and
porches should be used to create a sense of
place and community. �..„zr�. a • f A
• Natural stone and masonry materials are to be `•-_
used on the lower portions of buildings to create -t:- ' 11,1
a visual anchor to the ground and provide �:':� I
interest at the pedestrian level. ir '.'_...
• Vary the planes of exterior walls in depth and/or _ _
<1 7
direction. Awnings along facade
• Wall planes shall not run in a continuous
direction more than 65 feet without an offset `
of at least 3 feet.
• Wall planes of more than 20 feet high are `
prohibited without incorporating meaningful it
techniques, such as awnings or a change in
building material, to break up the perceived '= s
building mass.
• Awnings are encouraged along facades to
provide color, shade and architectural
interest. Where awnings are used along a •, , ,,,:A, .... f t,
.
row of contiguous buildings, a consistent r' ,
form, material, color, location and mountinggommilimpThow -.1
arrangement must be used.
• Awnings should be located to provide a
consistent minimum 8 feet vertical clearance, --r—
with
4 with a maximum generally not to exceed 12
feet.
• Colors of awnings must complement the Awnings provide pedestrian scale element
buildings.
(limited City of Yortkville
Comprehensive Land Use Plan Update 13
Design Guidelines
Site planning principles
• Incorporate the awnings along Vis,.-. '` '=1;
with any signage to provide a " ` < : r
uniformly designed building
facade.
1111
• Signs on awnings are permitted.
• Internally illuminated awnings are _ r.
prohibited.
Garage doors oriented to side
• Awnings and canopies may be
made of sheet metal or canvas membrane. Plastic or vinyl awnings are not permitted.
• In new residential neighborhoods, houses shall not repeat the same elevations without
two lots of separation. Houses across the street from each other and back-to-back
corner lots shall not be of the same elevation.
• In residential areas, garages should not dominate the street view. Rather, provide
parking and garages to the side or rear of lots or set the garage face back from the
primary façade of the house. Avoid allowing the garage to become the primary
architectural feature.
• Roof Treatment
Rooftops should be considered L _^
important design elements as viewed y; � •
from a variety of vantage points such •
as at ground level, from other ,,
buildings and from adjacent perimeter t a
roadways. A well-composed
"roofscape" achieves an interesting4111/
skyline without becoming overly busy
or contrived. Roof forms should serve '
r
as natural transitions from the ground -
level to intermediate masses to the -'' ) -
tallest masses and back to the Variation in roof treatments creates an interesting`roofscape'
ground. Form should also be
interesting when seen from above in
adjacent buildings.
• Materials & Colors
Visual continuity in major building materials and colors is desired throughout the City.
Specific criteria include the following:
• Material samples of all proposed buildings must be provided for review and be
approved by the City.
• Materials should be consistent with the Community Character principles outlined in
these guidelines.
Uthitecl City of Yorkville
Comprehensive Land Use Pian lApdate 1 4
1 t
Design Guidelines
Site Planning Principles
• Wall materials that are muted, earth tone in color and
have texture are to be used.
• Reserve the use of strongly contrasting materials and
colors for accents, such as building entrances, railings
and trim. Avoid an excessive variety of façade 11JJJ
materials.
• Avoid using highly reflective materials and surfaces,
such as polished metal, that generate glare, particularly
at the pedestrian level. AWRY'"`""`
• Materials which may be incorporated include: native { ! �
stone, brick, stucco and textured concrete. Alternative ill
materials that achieve similar looks and are of high - ,, ; +
quality and low maintenance may be considered.
• Common materials shall be located on all sides of the
building with the exception of service areas not visible
from a public street. Varying roofline breaks up long
expanse of building facade
• Coordinating materials within a development can tie
together buildings of different sizes, uses and forms.
• In new residential neighborhoods at the time of initial building permit, houses shall not
be the same color unless there are at least two lots of separation. Houses across the
street from each other are not permitted to be the same color.
• Use contrasting but compatible building materials and textures to unify exterior building
elements and to create depth, proportion and scale.
• In residential developments, buildings should complement each other by using
materials and colors within the same"family".
• Building colors should be derived from, and related to, the finishes of primary building
materials.
• Height
The overall appearance of development shall be low
and horizontal, with building heights throughout the
community generally low to medium scale. Building 9'
heights are expected (and desired) to vary to ensure
visual interest. --�
• Consider the use of taller buildings and/or
elements to highlight significant intersections and 1 Ii^
pedestrian nodes.
• Building heights shall be determined in a manner
which enhances an overall residential quality. Taller buildings help identify intersections
LAnited City of Yorkville
Comprehensive Land lAse Plan lApdate 15
Design Guidelines
Site Planning Principles
• Maintain compatible relationships with le
adjacent dwellings and street frontages. ''
• Building heights shall be responsive to mizr-
heights of homes located on slopes above
and below the dwelling. i"
MI
• Sight lines to greenbelts, open areas, • A .
water features and scenic horizon views .----
are to be optimized and maintained to the J.
fullest extent possible by minimizing the ..rd
building height and obstruction. Front porch provides one-story element
a
• Scenic view compatibility shall be
considered in determining building height.
• Within a neighborhood, a combination of . _�
one, one and a half and two story
dwellings is encouraged to add diversity �� -
to the streetscape. Entire neighborhoods
or blocks of continuous two story •
fail 1111
dwellings are discouraged.
• For multilevel dwellings on corner lots,
locate a one-story element of the dwelling Front porch roof provides human scale element
at the street corner to help reduce the
feeling of enclosure in the neighborhood.
• A two-story dwelling can best relate to a neighboring one story if it contains a one-story
element.
• Scale
Buildings should appear to be of arr., ;
"pedestrian" or "human" scale. When =3y� A Ys
components in the built environment are
designed in such a way that people feel
comfortable, then human scale has been
achieved. In general, this means that
the size, patterns, textures, forms and
overall three-dimensional compositioncan be appreciated at the pedestrian Ili
level.
• Vary the height of buildings, and/or Vaned building scale provides distinction between masses
building elements where feasible, so
they appear to be divided into
distinct elements or masses.
l tnited Gift' of Yorkville
Comprehensive Land Use Plan Update 16
Design Guidelines
Site Planning Principles
• Avoid large-scale
buildings that are -17(--- --
�/ _ ---J'7--- --"box-like" and ` -,-- Di
typically dominate a 7_, -Y--- `
site. ' ,
• Use building mass ._(--- _ - •-;/---;,/, �; i kT
i !''
appropriate to the - --�. . .11\'`c7\ j' ww � `� ,
site. Place buildings r .\, ,�' x.
with larger , , — • ;,„I*� �. ��y,
footprints, height • Y/� �✓�jJa ter%
and massing in core 1 -, -,,,7,,„,-, .i:- �, i'
activity areas or in e`c �1'' V : •1'qi `.110%
the }heart of the , II'
�, � �`i i�' ZS V.4 i
similar densities. By o� .2-Of: _._,_` ,1
ä4I
on adjacent land Pedestrian scale elements located along building facade
uses will be reduced.
• In residential areas, the relationship •
between the lot size, street width and
building scale are important to creating a
human scale. Elements such as trees,
pedestrian path lighting and porches can ;' .
aid in achieving human scale.
• Hierarchy 1. t
[ ,
It is important to recognize that future t - •�. ...os s iw AR
projects will be developed using a variety of
-
buildings with various uses. Vehicular and
pedestrian traffic should be able to Avoid box like'building scale
recognize the hierarchy of buildings and be
able to decipher primary buildings from 111114�it f _��_�
secondary buildings.
• Primary Buildings
Primary buildings; such as major anchors, public • fs
buildings or major attractions, shall be located at so sf, 1 � . .m
prominent locations, anchoring a major view axis and ,, «; ` I «.
serving as focal points in the community. - - zE z.`
.• s _ =.0 ww
• Gateway Buildings „
" l
• Buildings at major entrances, corners, intersections
or along significant roads should use special 111 all
architectural elements to help identify that location as
a"gateway". These elements also begin to define the
sense of place for the community. Primary buildings located on
axis and create focal point
United Gfy of Yorkville
Gomprekensive Land lAse Plan lApdate 17
Design Guidelines
Site Planning Principles
• Special architectural features may include corner towers, cupolas, clock towers,
balconies, colonnades or spires.
• The use of vertical elements helps to frame the entrance and guide people into and
through the development.
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i
Gateway buildings
• Entrances
• Primary entrances should be easily identifiable and relate I
to both human scale as well as the scale of the building(s)
they serve.
• Wherever possible, entrances should be inviting without -
becoming dark.
i
PO
• Main buildingentrances should be designed to be clearly . (~
9 �
identifiable from primary driveways and drop-offs.
Additionally,they should be visible from parking areas. 4 iv 1,
• Retaining walls '- -`+•..:-
• All retaining walls must be faced (veneered) with masonry Main entry to store
(stone, brick, stucco or approved equal). clearly identifiable
• Retaining walls adjacent to or visible from any street shall not exceed 4 feet in height.
Grade changes that require retaining walls exceeding 4 feet must be terraced with a
minimum of 4 feet clear separation between each wall. Exceptions may be reviewed and
approved by the City in order to preserve existing tree stands.
LAnitecl City of Yorkville
Comprehensive Land (Ase Plan lApdafe 18
Design Guidelines
Site Planning Principles
• Walls should be designed as an integral part of the dwelling design. Stone sizes should be
consistent and laid in a horizontal course. Masonry materials shall match or complement
the facade of surrounding buildings.
• Walls at intersections must not interfere with safe sight distances.
PRINCIPLE 6: Enhance pedestrian experience and establish sense of place through careful
design and location of open spaces
The creation of open space throughout the City is an essential technique used to break up building
facades. The use of such pockets of interest creates views into the various developments. A wide
range of open spaces such as public gathering plazas, open "greens", common play areas,
neighborhood parks and natural preserves can be incorporated into development plans.
• View Corridors
• Open space is considered a valuable amenity, therefore -*.,
careful consideration of vistas into open spaces from `'
residential lots, streets and drives is required.
--
■ Maintain view corridors to provide vistas of amenities, `' -
-
natural features, open spaces and other significant
elements. `
• Create focal points at main entries, on axis with major _- �` ` ',, ,
Community route and pedestrian corridors to establish a m
munity Park
strong identity and structure for the project.
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View of amenity feature is framed by use of vegetation and
road alignment,creating a signature element
United City of Yorkville
Comprehensive Land Use Plan Update 19
Design Guidelines
Site Planning Principles
Parks and Trails ,
• In residential areas, parks should be located within a 5 minute
walk (approximately 1,000 feet)from each home. a► `91111 4,
• Trail linkages should be provided from proposed neighborhoods gr `' ""�"
to the City's comprehensive trail system, forest preserve trails '
and adjacent developments. •
{
• Courtyards and Plazas Neighborhood Park
Courtyards, plazas and terraces should be designed at a human scale and incorporated as
public amenities around non-residential buildings. Interrupting building facades to create
"outdoor rooms" as well as varying the width of walkways will help create pedestrian spaces.
These pedestrian spaces will create opportunities for comfortable outdoor experiences and are
critical in defining plazas and courtyards.
• Orient plazas and courtyards to views
•
of site amenities such as open space,
water features, sculptural elements or Ai
landscaped areas.
• Consider opportunities to orient plazas
and courtyards toward views of
significant buildings or down long
corridors. i. i ` .9_.. ., .
,.mow
• Wherever possible, create a sense of
enclosure for outdoor seating areas. -
Such areas should be light and airy ,..a
while providing a sense of safety from Landscaping and special paving give the
the elements. seating area a sense of enclosure
• Add elements such as trees, water features, a variety of seating areas and landscape color
to give the public spaces an inviting appearance and visual interest.
• Incorporate pedestrian scaled lighting for safety and to promote use in the evening.
• Incorporate pavers and paving patterns to add interest and enhance the aesthetic quality of
the spaces.
// s
• Allow for outdoor tables
and seating to promote use •
of the space. By doing so, -:
an energy is created along _ 0011
the structure. �,,..., - �:;
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Plazas and courtyards offer spaces for outdoor cafes
l/lnitecl City of Yorkville
Comprehensive Land Use Plan Update 20
Design Guidelines
Site Planning Principles
PRINCIPLE 7: Thoughtful consideration of vehicular and pedestrian circulation within
individual developments
The purpose of the circulation standards is to minimize hazards and conflicts and establish logical
circulation patterns. The appropriate integration of vehicular and pedestrian circulation is intended
to provide safe and convenient access to all sites while being attractive, efficient and functional.
• Vehicular Circulation
• Primary Site Entrances
Each entrance to a parcel, individual • , .
building site or residential
neighborhood from a primary '- '�
roadway should be designed as a •odwmFs.a
"gateway' to the area it serves.
Design elements should be visually
interesting and consistent with other • :'' '
streetscape materials used �,•� �,,;
throughout the City. "
c ,'i
Primary residential entrance highlighted with signage,
When designing entries into landscaping and water elements
residential and non-residential
tracts, developers shall:
• Coordinate with adjacent properties to consolidate entries and minimize access points
along major roadways
• Minimize pedestrian and vehicle conflicts by reducing the quantity of crosswalks.
• Clearly identify site entries and provide a clear entry/arrival sequence.
• Provide "secondary" entries to parking lots and smaller residential neighborhoods from
adjacent perpendicular minor roadways to major roadways. Paving material, plants,
signs and lighting should match primary entrance treatments, although landscaping
intensity and signage may be reduced in scale.
• Provide at least one "primary"entry to parking lots or residential communities. The use
of medians and/or special paving or landscaping to identify primary entries is required.
DESIGN PARKNG WIINA
LOGICAL FLOW,
9 9RIRG ld7ERSEC11CDS
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SECONDARY MN COMMENT
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Single primary entrance reduces access points along Corridor
lAnited City of Yorkville
Comprehensive Land lAse Plan lApdate 21
Design GI idelines
Site Planning Principles
■ Internal Drives
All internal drives should visually
lead drivers to building entries,
site amenities or focal elements. " .11111411111111
.11
it
• Design drives and parking it_
I:
areas to fit the natural I :': tdz` .=
contours of the site in order to Mo.
oy,•.�.
minimize cut and fill and
maintain natural drainage.
• Align, streets and drives to Street alignment offers views of significant architectural feature
offer views to significant
architectural features and site amenities and -�, -or. �. � rr.-�
to direct drivers.
f ir.,4a f u r
• Internal streets shall be separated from
parking lots by landscape islands and >.
walkways.
• Drop-Off Areas =; jr �- • L ,+', -17
Drop-off areas for vehicle passengers shall be -
incorporated into development plans and should --
provide safe, convenient access to building
entries, pedestrian plazas and public open Landscaped island separates
parking lot from internal drive
spaces. Drop-off areas must conform to all ADA
regulations and standards.
• Emphasize drop-off areas with special paving material.
• Design drop-off lanes so they do not obstruct traffic flow when vehicles are stopped.
• Install bollards at drop-offs to provide protection for buildings and pedestrian walkways.
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Drop-off area doesnY conflict with regular traffic
and is identified with paving and bollards
(nited Gift of Yorkville
Comprehensive Land lAse Plan l/►pdate 22
Design Guidelines
Site Planning Principles
• Service Areas
Service vehicle circulation throughout the City shall
be designed to provide safe and efficient delivery
routes for all anticipated service and delivery
vehicles. The design of individual parcels to x 1 p
accommodate truck access shall meet all regulatory f `
requirements for turning movements without e‘
sacrificing other important design objectives.
•
• Locate service areas away from major streets
and building entrances.
A noise barrier is required in situations where landscaping
• q Service area screened with landscapinng
service areas are adjacent to a residential land
use.
• Minimize pedestrian and service vehicle conflicts.
• Hide/screen views into service areas. Screening can be provided with landscaping or
screen walls. Screen walls shall repeat materials and elements of the primary building.
• Adjoining uses should share service drives where possible.
• Design service drives to accommodate the traffic intended to use them including all
entrance roads and access aisles that will be used to access the service areas.
• Pedestrian Circulation
The purpose of pedestrian circulation standards is to establish guidelines for creating a
pedestrian circulation system that is safe and efficient. Good walking environments include:
continuous routes between sites, clearly defined access from parking areas, a variety of
connected destinations and a feeling of safety and security. In essence, creating a sense of
comfort.
■ Sidewalks
Sidewalks must be constructed to Zn "`'` , �t .
41
provide pedestrian access to adjacent s ,ij .
development and connections to the
pedestrian trails throughout the City.
Within specific developments, , ; ;•:
sidewalks shall provide access to and w ; r` •
`
from parking lots, neighborhoods,
schools, parks and open spaces.
• Create distinct pedestrian corridors,
which funnel pedestrians to logical
gateways, plazas or other
destinations.
Path provides access to park and adjacent neighborhood
lAnited Gift of Yorkville
Comprehensive Land l/lse Plan lApdthe 23
Design Guidelines
Site Planning Principles
• Place special emphasis on pedestrian connections that
link schools, recreation areas and other major activity f
t j
areas. t
• Neighborhoods should have access to open space and ; [
pocket parks by way of sidewalks and trails.
• In residential areas, sidewalks should be located on both
sides of the street.
• Pavers or other changes in material should be used for
walks adjacent to buildings and at street intersections to Pavers next to building
identify and enhance pedestrian routes. enhance appearance
• Crosswalks
Crosswalks are required at all intersections and key pedestrian
crossings. Crosswalks must be identified by a change in color ;:
height, width, texture, or materials. Refer to ADA regulations
and standards for any specific criteria regarding crosswalks and
ramps.
Enhanced paving
delineates crosswalk
• Pedestrian Circulation in Parking Lots
Walkways that lead pedestrians from parking areas to buildings
or plazas should be designed to facilitate easy movement and
minimize crossing conflicts with vehicles. Pedestrians should
feel comfortable about their walkways to buildings and pedestrian — —
corridors should be clearly identified.
• Pedestrians should not be required to cross service drives to )..'.
reach major entrances from primary parking lots. »a
L .
• Where major pedestrian routes within parking lots cross Landscaped median with sidewalk
roadways and drives, use textured or colored paving
materials to distinguish the route.
• Medians with sidewalks allow for safe ;0"; ;,
CP HKf N405C aft
circulation and reduce circulation conflicts. ' PA MAN NM
• Wherever feasible orient parking aisles
perpendicular to building entrances. SEEJA RNrE,g
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Y �'yNFDWI,,mY
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1 Median with sidewalk allows safe
tom• access to building entry
Crosswalk delineated with paving and bollards
lAnited City of Yorkville
Comprehensive Land l/lse Plan lApdate 24
Design Guidelines
Site Planning Principles
• Accessibility
Owners and developers are expected to meet or exceed all requirements of the Americans with
Disabilities Act (ADA), 1992, and all amendments thereto in the design and development of
individual parcels, sites, buildings, and facilities. To the greatest extent possible, provide equal
access in a manner that integrates ADA accessibility with ordinary accessibility, rather than
separately.
PRINCIPLE 8: Appropriate design of parking lots, utilities, service areas and detention
areas to reduce the negative impact of typically unattractive site
components
This section provides standards for the siting and layout of parking lots, service and loading areas,
utilities, trash, storage and detention facilities. Specific landscaping criteria for these areas are
included in the Landscape Principles section. Site plans specifying parking and circulation designs,
utility and detention requirements shall be submitted to the City for review.
• Parking
• Parking ratios and quantity of spaces shall comply ,> r `
with the criteria set forth in the United City of
Yorkville Zoning Ordinance.
• Parking areas should be designed and located so " -
they provide safe and efficient vehicular and
pedestrian circulation within a site. ,
• Minimize negative visual impacts from adjacent "roadways.
rrltW.
• Break large expanses of pavement with landscape Minimize negative visual impacts of
medians and islands. parking from roadways
• Divide parking areas which accommodate a large number of vehicles into a series of
smaller, connected lots.
• Avoid situations where parking spaces directly abut structures.
• Separate parking aisles from interior collectors and entry drives whenever possible.
cluster buildings to _
create open space //'
44c
courtyards _ , 'y -1iPn
i' i ..rde, . •,
Walkways to buildings or ♦ �• + ��W "•r
4 j�•
plazas should be designed to .("„ �< te "'Gi
facilitate easy movement and ii 4.* '"if
minimize crossing conflicts ter 41147
with vehicles //
•��
Arrange parking aisles
perpendicular to building Provide pedestrian
entrances access to adjacent
developments
l tnited City of Yorkville
Gow prekensive Land lAse Plan Update 25
Design Guidelines
Site Planning Principles
• Shared Parking
Where opportunities exist for shared parking between uses with staggered peak parking
demands, consider reducing the total number of parking spaces within each site or parcel.
Parking should be shared between complementary uses such churches and office
buildings.
• Store Front& Street Parking Requirements
All store front parking areas shall use angled parking or parallel parking. Areas shall be
provided for sidewalks and landscaping between the store front and the edge of parking
stall.
• Bicycle
To encourage and accommodate alternative transportation modes, provide bicycle parking
within each building site. Locate bicycle parking areas so they are visible from building
entrances and convenient for riders. Parking areas shall be landscaped in a manner
consistent with pedestrian plazas. Also, bike racks should be of a style consistent with
other site elements.
• Substations/Water/Wastewater Stations
Proposed electric substations, water pump stations and wastewater lift stations shall be
screened from public views by a means of a 6 foot masonry wall on all sides with the exception
of the area for gate access to the facility combined with landscaping. Service access shall be
considered and incorporated into the screening program.
• Detention
• Drainage facilities should be used as an amenity to
a development. If the existing topography allows,
the location can be incorporated into an entry •
feature or can be the foundation for a park with -
trails and open space. - . -
• Natural and/or vegetated drainage swales provide • . ?_ ": ,�.'
open space connections, filter runoff and improve
the aesthetic appearance of development. Lake serves as main entry feature
• Detention facilities should not be designed as to
require chain link fencing or concrete walls. If such ''sri;, . •
designs are required due to engineering
requirements, consider using decorative modular _
stone to give the appearance of a retaining wall.
• Detention ponds located in the front yard building
setback shall be designed as a curvilinear, Naturalistic drainage channel provides
contoured shape. opportunities for trail connection
tAnitecl City of Yorkville
Comprehensive Land IAse Plan IApclate 26
Design Gmidelines
Site Planning Principles
• Location of Utilities
Visual and sound impacts of utilities, mechanical equipment, data transmission dishes, towers
and other equipment should be minimized in all development plans.
• Design and install all permanent utility service lines underground.
• During construction and maintenance, minimize disruptions to other sites and businesses
within the City.
• Temporary overhead distribution power and telephone lines are permitted during
construction but shall be removed immediately upon completion of site and building
construction.
• Wherever possible, mount data transmission and receiving telecommunication devices at
ground level to the rear of structures and screen views from adjacent roadways, pedestrian
paths and building sites.
• Screen all electrical transformers, gas meters and other utility cabinets from view.
• Structures are prohibited from being located in utility easements. Avoid locating signs,
special landscape features, etc. in utility easements.
• Air conditioning units, vent systems and other mechanical systems that must be located on
building roofs shall be screened from sight at the ground plane.
• In residential communities:
• Items requiring screening should be located on the rear or side yards when possible
and should be integrated into the unit design.
• Air conditioning units must be located behind a screen wall or planting hedge.
• Utility meters must be located on side or rear elevations of the dwelling.
• Location of Service/Delivery/Trash/Storage Areas
The visual impacts of service, delivery, trash and outdoor equipment or storage areas should
be minimized, particularly relative to views from public roadways and pedestrian corridors.
Thoughtful placement and integration into the architecture and site design is a priority for all
sites.
• Orient service entrances, loading docks, waste
disposal areas and other similar uses toward service
roads and away from major streets and primary
building entrances.
• Locate loading, service, trash and delivery areas so
they do not encroach on any setbacks.
Screen dumpsters with walls and materials
that match architecture of primary building
LAnited Gift of\10 4<viIke
Go►nprekensive Land Use pian Update 27
Design Gtiidelines
Site Planning Principles
• Avoid locating service areas where they
are visible from adjacent buildings or
where they may impact view corridors. ;-
Such facilities are more appropriate at the
rear of buildings or sites.
• Trash enclosures must be located away ,10
from residential property lines.
• Wherever possible, coordinate the t
locations of service areas between >_ '44"4-4' =`
adjacent users or developments, so that Screen dumpsters with walls and materials that
match architecture of primary building
service drives can be shared.
• Locate parking areas for outdoor equipment, trucks, trailers, service vehicles, etc. away
from public parking lots and major pedestrian circulation routes. Unless totally out of view,
screen these areas architecturally and with landscaping.
• All proposed dumpsters, trash receptacles, refuse storage containers, outdoor storage, and
ground mounted equipment should be located within an enclosure providing screening
along with landscaping along the perimeter. Such enclosures shall repeat materials and
elements on the primary building.
lAnited City of Yorkville
Comprehensive Lancl l/Ise Plan lApclate 28
L.
Design Guidelines
Landscape Principles
Landscape Principles
Landscape guidelines are essential for reflecting and enhancing the distinct character of the City.
The standards and requirements for the installation of landscaping and screening walls throughout
the City are set forth in order to:
• Enhance Yorkville's sense of place.
• Promote the general welfare of the community.
• Enhance the living environment.
• Aid in the enhancement of property values.
• Create an attractive, consistent appearance.
• Complement the visual effect of buildings.
• Provide appropriate buffers between land uses.
• Support the landscape character of the City.
• Use sustainable practices to reduce the impact of the built landscape on the natural ecosystem.
PRINCIPLE 9: Provide a unified landscape treatment throughout the City through the use of
consistent right-of-way and buffer treatments.
PRINCIPLE 10: Enhance the aesthetic appearance of development and lessen the impact of
undesirable site components through the effective use of landscaping.
PRINCIPLE 9: Provide a unified landscape treatment throughout the City through the use
of consistent right-of-way and buffer treatments
• Landscape Character
The overall character of the City will be enhanced in large part by the landscaping found
throughout the City. To enhance the overall desired character throughout the City:
i
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Gateway
IAnited City of Yorkville
Gomprekensive Land Use Plan Update 29
NMIb.
Design Gtiidelines
Landscape Principles
• Landscaping will be done in informal clusters to create a more natural appearance.
• Street lighting will be kept to a minimum.
• Meandering sidewalks will be located throughout the City in the landscape buffers.
■ "Gateway" Corridor Landscape Treatments
• Primary Gateway Corridors
Several major corridors lead residents and visitors into
the City of Yorkville. The visual experience along these
"Gateways" is critical to the overall perception and
character associated with Yorkville. Due to the
importance of these "Gateways" and the influence they •
have on the identity for the City, specific criteria have
been added to these guidelines to ensure that an "
attractive landscape appearance is maintained as
properties are developed adjacent to these primary
corridors. The primary corridors identified for specific
landscape buffers include:
Scenic vista
• Route 47
• Route 126
• Route 71
• Prairie Parkway and Caton Farm Road
Primary Gateway Residential Buffer Requirements
All residential development adjacent to the primary
"Gateway" corridors must have a landscape buffer
of 100 feet or more measured from the edge of the
ultimate right-of-way. Residential land uses require
larger depth buffers to allow for berms, tree
preservation, view shed protection, noise barrier i.. •
and separation of residential areas from the
roadway.
However, where scenic vistas are prominent along _
a"Gateway" corridor(such as Route 71)the buffers '
should be designed in a manner which frames the Preserve existing trees for Gateway buffers
distant views. Development plans should consider
creative means to preserve the sight lines which currently provide the scenic views that
define the rural character of Yorkville.
Landscape plans within the buffers should have an informal quality to capture the natural
feel of the rural landscape. To enhance the rural identity, additional elements should be
considered when designing the buffers, i.e. incorporating split rail fencing, using plant
material to frame scenic vistas and preservation of existing vegetation and tree lines to
maintain the rural quality of Yorkville.
United City of Yorkville
Comprehensive Land Ase Plan l/Ipdafe 30
Design Gtiidel ines
Landscape Principles
Non-Residential Buffer Requirements
For all non-residential development, a 25 foot minimum landscape buffer is required along
the primary "Gateway" corridors. The 25 ft. buffer allows for a meandering walk within the
buffer and provides more area for plant clusters and massing. Focus should be placed on
site entrances by highlighting entries with ornamental landscaping to signal the access
point. The landscape buffer width must be measured from the edge of the ultimate right-of-
way. All buildings must be set back a minimum of 150 feet from the ultimate right-of-way
line.
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Non-residential planting requirements
• Secondary Gateway Corridors
In addition to the primary gateway corridors leading into the City, several additional
roadways have been identified as secondary gateway corridors, possessing unique and
attractive qualities which also define the character of the City. Development along these
secondary corridors should be carefully evaluated to ensure the inherent rural character of
Yorkville is preserved. These roadways include:
• Fox Road
• High Point Road
• Legion Road
• Van Emmon Road
• Collectors identified on the City Thoroughfare Plan
L/lnited City of Yorkville
Comprehensive Land Use Plan Update 31
Design Guidelines
Landscape Principles
Secondary Gateway Residential Buffer Requirements
All residential development adjacent to the h
secondary "Gateway" corridors must have a
landscape buffer in the range of 50 to 100 feet i ». � _
measured from the edge of the ultimate right-of- '
way.
"
However, where scenic vistas are prominent ,t - ,,+ •..-
along a "Gateway" corridor (such as Route 71) fr
the buffers should be designed in a manner _
which frames the distant views. Development -„4----":••:::',.t.,.. `` ,„.s.„._._ ,
plans should consider creative means to
preserve,the sight lines which currently provide Landscape buffer
the scenic views that define the rural character of
Yorkville.
Landscape plans within the buffers should have an informal quality to capture the natural
feel of the rural landscape. To enhance the rural identity, additional elements should be
considered when designing the buffers, i.e. incorporating split rail fencing, using plant
material to frame scenic vistas and preservation of existing vegetation and tree lines to
maintain the rural quality of Yorkville.
• General Planting Requirements
Proper installation and maintenance
of landscape plantings is essential to ^.o war force or strcct4re star
.ewaoedwNathe s xei
achieving the desired character
area that would cL�trud thr
view of vepau:r ra•c
throughout the City. The following ' ,,
requirements specify critical
t.
considerations for landscape , 9 *ib a,
1, ,.,�. .
plantings. ,-,,,,,,,,, ,i ,1-.1,-.1,-,- _p,,,,,
• All landscaping shall be separated - .., ' l__ I!
from vehicular use areas by some
form of barrier such as raised —' __ �,L.»
concrete curbing, bollards, curb ' '
•
stops or other suitable permanent F. ,,„„e,-;---- ,; 4 ''”`
alternative. ''f,
• Landscaping shall not obstruct the ":-.,`:°,,°,`,.,r,=''' •--.J
view between access drives and aeatha:woudotstruc;t�e
v!ew of veY�cular tra'f+c
parking aisles, nor shall any
landscaping which obstructs views Sight lines at intersection
be located in the radius of any
curb return.
• No artificial plant material may be used to satisfy the requirements of this section.
• In residential developments, planting strips should be in proportion to the width of the street
and the building setbacks. Coordinate tree plantings with utility locations to avoid conflicts.
(limited City of Yorkville
Gornprekensive Land LAse Plan lApdate 32
Design Gtiiclelines
Landscape Principles
• At the intersection of two streets, or at the intersection of a commercial driveway and a
street, nothing shall be erected, placed or planted that will impede vision between the
height of 3 feet and 10 feet above the curb within a triangle formed by the intersecting
streets or street and driveway, and measuring 40 feet along the sides of the triangle that
face the intersection. Triangle sides shall be measured from the face of the curb to the
face of the curb at intersections and driveways.
PRINCIPLE 10: Enhance the aesthetic appearance of development and lessen the impact
of undesirable site components through the effective use of landscaping
• Intersections and Site Entrances
Intersections and development entrances should be identified
with ornamental landscaping coordinated with the signage.
Clearly enhancing the entrances with landscaping and sy,
lighting will help identify key access points and add to the
aesthetic appeal of the City. n '
•• Landscaping Adjacent to Non-Residential Buildings ..-
• Incorporate planting beds into plazas to create shade
and add human scale.
• Consider evergreen trees to create wind-blocks Ornamental plantings accent entrance
against prevailing winter winds.
• Accent entrances and architectural elements with
ornamentallantin s.
P 9a:`. 11+6' :41
• Landscaped islands shall be planted with seasonal
color and/or groundcover. I $04a rr.
_24
• Use plantings adjacent to buildings and along �,
walkways to soften the experience. K . _ Zt,
• Mature trees should be pruned of branches up to 9 "" ;
feet high to maintain safe pedestrian passage.
; - .fi •
r
• Incorporate landscape beds and planters at key
entryways and seating areas.
Plantings along building soften edge
• Landscaping is encouraged at pedestrian
crossings and seating areas. However, consideration should be given to
vehicular/pedestrian sight lines.
• Explore opportunities to break up large expanses of pavement.
limited City of Yorkville
Comprehensive Land Use Plan Update 33
Design Gt4idelines
Landscape Principles
■ Parking Lot Landscaping
■ Landscape islands are required at the
terminus of each parking bay. Within n ��
♦CCi:4�SFo if::
C:d110l:n:YN:�.nG ._
each island, 2 shade trees or 2 :" "'"""— j:J �,01jd
ornamental trees shall be planted. The -
ground plane shall be seeded with grass,
mulched or planted with groundcover. �' 7
PVT,DE MDA.,! j rc) F ,J
HSY R Sh M,, - �~
■ Avoid more than 10 parking stalls in a row : F;�,
� w .,
without a landscaped island. F vas 1,, )
w ar`w0xr. r "'1'
w�J.no u:vr - 'j
• A 10 foot landscape median is required
between every other parking bay. Medians are required between every other parking bay
3
• Every parking stall must be located within 60 feet of a tree.
• Unimproved Pad Sites
All portions of the development site not occupied by buildings, structures, vehicle access and
parking areas, loading/unloading areas and approved storage areas shall be landscaped.
Future building pads within a phased development shall be kept in a neat and orderly manner
though no landscaping is required.
• Dumpster/Trash Receptacles/Outdoor Storage
All proposed dumpsters, trash receptacles,
refuse storage containers and outdoor storage r.
shall be located within an enclosure providing
screening by means of combining the following
landscape elements: glipi
• Decorative masonry wall with a non- —e a
masonry gate, a minimum of 6 feet in a
height. The construction materials of the it a '
wall shall match material used on the -" "'
principal building.
• Large shrubs and small trees shall be .#"'
arranged as foundation planting around the ,M I, 1M7. ,`� `•;=s. ,
perimeter of the pad area. The opening for Screen dumpsters with walls and landscaping
the equipment however shall not be
obstructed. The above landscape requirements do not apply when the enclosure is an
architectural extension of a principal building or where service areas are not visible.
.1 .c. x,Fer7F`
rd Vic.
Place utility boxes at the rear of structures and screen with berms and/or landscaping
United City of Yorkville
Comprehensive Lancl LAse Plan lApdate 34
+ r
Design Guidelines
Community Character Principles
Community Character Principles
The Community Character Principles address issues related to creating a unified sense of place
and a positive identity for the United City of Yorkville.
PRINCIPLE 11: Establish unique gateway entry features to identify the City.
PRINCIPLE 12: Establish a comprehensive theme and a consistent family of lighting and
furnishings for all public and private spaces.
PRINCIPLE 13: Create a cohesive signage program.
• Desirable Elements:
The following elements are encouraged within
all public and private areas throughout the
City: l
• Significant gateway defining entry into the F '' +
City
• Unique intersection enhancements to
provide visual landmarks and repetitive
design elements
• Significant landscape areas with "!Y
interesting hardscape design
• Comprehensive, uniformly themed
signage program for public and private
spaces Character of Yorkville
• Consistent family of site furnishings and
light fixtures
• Continuation of landscape buffer yards along the"Gateway"Corridors
• Richness of building surface and texture
• Consistent and cohesive architectural elements on buildings
• Consistent window and door patterns
• Significant wall articulation
• Building facades with many windows for streetscape interest and appeal
• Undesirable Elements:
The following elements are discouraged within the City:
• Large, billboard type signage structures for individual businesses
• Wide ranging lighting and site furnishing styles
• Stand alone signage for individual businesses within a development
• Large, out-of-scale signs with flashy colors
• Highly reflective surfaces or heavily tinted glass fronts
• Metal siding on primary facades
• Vinyl siding on residential buildings
• Mix of unrelated styles, i.e. rustic wood shingles and polished chrome
• Strongly themed architectural styles, which will soon become dated
• Sparsely landscaped parking lots, entries and right-of-ways
• Large non-residential building facades with few or no windows
l/lnitecl City of Yorkville
Comprehensive Land lAsePlan Update 35
Design Guidelines
Community Character Principles
PRINCIPLE 11: Establish unique gateway entry features to identify the City
Creating clearly defined gateways provides 'a
definition of the City's corporate limits, makes a
welcoming statement to visitors and creates a
sense of arrival. It also allows visitors to
associate elements found within the City, such �M
as signage and architectural elements, to ;.
characteristics of the gateway design. The '-
{ t j
gateway feature should incorporate "Welcome to A."°-'
the United City of Yorkville" in some consistent
articulation and be consistent with the signage
styles adopted for use in other public areas in
the City. Using similar materials, forms and
colors will help introduce those elements that will
be consistently found throughout the City.
Area for future gateway
��g
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• 'z§s ...,� fizoi
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I• A - 7.1 YORKVILL : i`ine
,
• z''T ■ =_`� = 111, �1U1 •_i
• Masonry columns constructed of red brick and limestone as a counterpart to the historic
Kendall County courthouse
• Cast metal signage and bridge like detailing to recall the historic significance of the Fox
River and the original iron bridge that connected Yorkville and Bristol
(/tnitecl City of Yorkville
Comprehensive Land Use Plan Update 36
Design Guidelines
Community Character Principles
._II '...,';',:. 41t.,*,,,,,,,*.,:,.;`,":4;,:;...,. ,pt.:"-pi Ak.--"ill;„:94."..;:‘,, ''''''',-,,,rc--4s—,_,;, ....q7....,,z 14,,,,-oh pg,s:
'.,� ' t- mak' • 4^ T 1 '4 _
ji.
-.42.
• Split rail fence between columns to impart the importance of Yorkville as a town founded as
a community of agricultural settlers on the prairie
• Six masonry columns (three before the sign and three after the sign) with the Yorkville six
pillars of character set in limestone
• Plantings that move from naturalistic to more ordered in composition as you move towards
the City
PRINCIPLE 12: Establish a comprehensive theme and a consistent family of lighting and
site furnishings for all public and private spaces
Develop special areas that contain similar forms and/or
materials to visually unify a sequence of events within the
City. Establish design themes with complementary - J,
el
architecture, site furnishings, landscaping and lighting which „T gm
are carefully coordinated to create unique identities while ^�I'•` !t,lf "!
enhancing the sense of place that defines Yorkville. �I '' �,
• Architecture 12 --
P.
Design themes for individual developments should have `,, !
a consistent palette of materials, forms and fixtures that '" :.
is consistent with the Illinois vernacular architecture that
unifies the City. The intent is to allow for unique designs / AIN. - ...
and flexibility, but within a set of parameters outlined in "
Principle 5. By doing so, development within the City is 3i f -=� -
visually compatible. -t -
Examples of a shopping center
with a unified theme
lAnited City of Yorkville
Comprehensive Land Use Plan LApdate 37
r
Design Guidelines
Community Character Principles
• Site furnishings
A palette of complementary site furnishings shall be used throughout the City to provide
continuity between developments. The palette includes the following furnishings: seating,
planters, waste receptacles and street lights. When development occurs within the City, the
following furnishings or equivalent styles must be utilized in the site design and approved by the
City planning staff.
• Seating/Benches
Outdoor seating should be constructed of materials i2 r,
Ili
that are durable and easy to maintain in order to best -
withstand the elements and vandalism. Wherer, ,_ -------'-----------ep.
seating iq designed to be affixed, provide a variety of
arrangements (both linear and grouped), which may ■�
Asw(we
accommodate 2 to 6 people. Provide benches at
major building entryways, drop—off areas and
pedestrian courtyards and plazas. -- .WWII
Seating/Bench
• Planters
Planters shall complement the other furnishings in , ;;"'ti17'--, %+..
the palette. Planters should be incorporated into °� - -'.�•‘
building entrances, plazas, or as a complementary ` - "4
feature to the overall architecture. /'f -
,.r ,74.'..ja 5 ti s,%......,11/ y t i ,r.S
.,' tom 4 - 'k-.,„ I
' ro t +. r', /.4 Planters accent building entrance
1"0:.• ..:1,1; to tri 4.,„ ;. " -1,75,-3.-.1.)
�' t r k;,......., i 17� �
.ki '; ,,
Planters incorporated into architecture Planters complement surrounding materials
• Waste Receptacles �., Iii11i
Waste receptacles shall complement the other furnishings in the 1 I' J
palette. Waste receptacles shall be provided at building
entrances, intersections, plazas as well as other locations. y,..
Waste Receptacle
l/lnitecd City of Yorkville
Comprehensive Land [Ase Plan lApdate 38
Design Guidelines
Community Character Principles
■ Light fixtures
Developing a family of lighting fixtures is critical to successfully
developing a consistent style throughout the City. As a ''`'„
prominent element in the landscape, during the day and night,
lighting must respond to a number of design criteria, including:
• Provide consistent street lights throughout the City; allowing ,-'4,.,, t
flexibility within the family of fixtures to provide for varying
applications. a. r
• Lights should be pedestrian in scale; larger lighting
appl}cations such as traffic lights shall incorporate a detailed j
base which provides interest at the pedestrian level. —,, Elk-Tr! . -
• Highlight interesting architectural or landscape elements =-- —
N
with the use of accent lighting.
• Light fixtures attached to buildings shall be consistent with
the style of the lighting family and compatibility with the
architectural style.
Light fixture
• Creatively utilize lighting to emphasize design '.7,4,,,-- Yt4: ,
elements, including entry signage and public art. .
• Fixtures shall be appropriately shielded so that the , . -
light source is not directly visible from public roads or ;`. i_,
adjacent properties.
F �.
• Aesthetic and other non-security lights shall be placed ►? ",.:.,1:--;'i;'--,:.,%:.
on timers which are set to turn off during non-peak , ," _ '—
hours of the evening. -_►� r W>
• Indirect light designs should limit light pollution onto —
surrounding properties. r_�••i t� 1111u 7.1ga!�
J. 1. `
r r
Utilize lighting to emphasize design
V J elements and special features
t
I
The variety of lighting applications should be
selected from a family of compatible fixtures
united City of Yorkville
Co nprekensive Land like Plan LApdate 39
Design Guidelines
Community Character Principles
Public Art Program
Incorporating outdoor sculptures, fountains and other artwork is encouraged. Such elements
and features help establish strong visual identities for individual facilities and greatly enhance
the unique character of Yorkville.
• Artwork should have relevance to the United City of Yorkville; past, present or future.
• The placement of artwork shall be visibly located throughout the City
• Accent public open spaces with sculptures or fountains to give added community character.
`sem; A '+k
a44
�••
oft
yO1 •
m. �t.
um
• = k
' a
r � iia
�
Utilize to add ■r
Fountain provides focal pointsculpture
community character .,
.1._.r..r_1 j k 4
Sculpture incorporated into
building architecture
l4nited City of Yorkville
Comprehensive Lancl lAse Pan lApdcite 40
Design Guidelines
Community Character Principles
PRINCIPLE 13: Create a cohesive signage program
It is important to consider the experience of a first time visitor when developing a family of signage.
Creating an easily identifiable, unified signage system facilitates movement to both public and
private destinations. Consolidating the identification of multiple individual entities into a single
system reduces the amount of visual clutter usually associated with individual businesses using
competitive signage strategies. Proposed signage should be evaluated on material, color, shape,
scale, size, location and overall appropriateness. Signs of all scales within a development should
relate to each other through a consistent use of materials,colors and text style.
The following criteria are intended to supplement the
signage requirements currently adopted by the City.
Where any conflict or overlap exists with current City
codes, the stricter of the two shall apply. -
• Signage Design i' `�'41,
• Colors
• Sign colors should complement the colors
and theme of the entire development.
Neighborhood Entry
• Avoid too many colors, small accents may
make the sign more attractive and unique but limit amount of colors used.
• Materials
• Sign materials should be compatible with the materials used on the building façade
upon which they are associated with or placed upon.
• New materials may be appropriate only if they are designed in a manner consistent
with the theme established by that development.
• Metal signs are permitted but avoid finishes that will create glare.
• Paper and cloth signs are not permitted.
• Legibility
• Limit the number of text styles to avoid confusion and increase legibility.
• Avoid symbols and fonts that are hard to read or too intricate.
• Use symbols and logos in place of words whenever appropriate.
lAnited City of Yo 'kvi I Ie
Gowiprekensive Land lAse Plan LApdate 41
Design Guidelines
Community Character Principles
• Illumination
• Illuminate only signs that are necessary, allow for -1111111,
illumination from other sources, such as streetlights —or pedestrian lights.
COs tri
• Individually illuminated signs, either individual
illuminated letters or back-lighted are encouraged. ' • �� � ,�;�
• Internally illuminated plastic cabinet signs are
discouraged. Signs with individual letters are better y
integrated with the architecture. ;.
• Location
• Signs should not dominate the site in height and - v
should not project above the rooflines of the Monument sign with individual
buildings. letters and indirect lighting
• Signs should not obstruct doors or windows.
• Utilize the building's architectural features to delineate where signs should be located.
• Window signs should not cover a majority of the window.
■ Project Entry and Monument Signs
Project entry identifiers are located within •
landscape lot areas adjacent to major Till Vil.l„
thoroughfares and at major intersections and ' •
primary entries. Projects with more than one tenant •• • t= •,.'
should locate no more than one sign along the
City's "Gateway" corridors.
• All freestanding signs should be monument +
type.
Monument sign with coring materials
• Freestanding monument signs should be
perpendicular to the street.
76rie:t
• Sins should be oriented so that si ht lines atintersections are not obstructed. .
• Solid architectural bases and sides are fr
encouraged. Each sign should incorporate a ••
''
base, which is a minimum of 2 feet high. Sign - - - ' •
materials should complement the materials
used throughout the development.
• Landscaping should be incorporated at the Multiple tenants consolidated on a single sign
Mnited City of Yorkville
Comprehensive Land Use Plan IApdate 42
4 ,
Design Guidelines
Community Character Principles
base of the sign. A minimum 5 ft. landscape bed shall be created on all sides of the sign.
• Lighting of monument signs is permitted, minimize the amount of light pollution and glare
onto surrounding property.
• Neighborhood Entry Signs T__
Neighborhood entry identifiers shall be ,
placed at the primary entrance of individual
neighborhoods within a community and shall .,, —1=
be installed by the neighborhood I : i k•-
homebuilder. The neighborhood signs shall i-.;.•,7.---,7, ;
be reflective of the main entry signage '
through the use of like forms, materials, logo
and landscape. The location of -LR' .r:
neighborhood signs must be reviewed and
approved by the City.
Neighborhood Entry Sign
• Directional Signs
When deemed necessary by the City or developer, ;
easy to read motorist and pedestrian directional signs
will be placed along public streets and greenbelts within • 41 Visite,G.4r
Yorkville. The location of each of these signs must 4 Cedar Crossing
receive the approval of the City 4Protaiw4ory Nick* t - V
• Wall Signs — it.�•,
• All wall signs should not project from the surface of I a s• i
which they are mounted more than 12 inches. ' <. ' ;
r;
111(111
1.
• Wall signs should be located where the building's '8 ., • , i,
architectural features suggest. Wall signs can help 4„�•••••r•r •_
break up large blank walls and can provide a
variation on walls greater than one story. Direction sign
• New wall signs in a development should be s
consistent in location with all other adjacent wall •
signs in the development.
• Lettering should not occupy more than 75% of the I ,
area of the panel where the sign is located. i. .
• Wall signs should not project above the roofline or ' I t •1 -;,d
outside the edge of a building corner. . ?- "' "� q .'
• Projecting Signs — -�
I ,
Locate signage at a consistent
• On a multistoried building, the sign should be height with adjacent businesses
suspended between the bottom of the second floor
lAnitecl City of Yorkville
Comprehensive Land lAse Plan lApdate 43
M
Design Gmidelines
Community Character Principles
windowsill and the top of the first floor doors.
• Projecting signs should be made of metal, wood or fiberglass. Plastic signs are
discouraged.
• Signs should be hung at a 90 degree angle to the building facade. Signs should be pinned
away from the building slightly to increase visibility but should not protrude into the vertical
plane of drives or streets.
• The bottom of the sign should provide a 10 foot
clearance above pedestrian sidewalks. '� -''}
• Decorative iron and wood brackets are .
encouraged and should complement the overall __-_ ° ii
,4' s-,.... '
? , �
design theme of the development. � � 4 ..
s ,
4116, . , ,. 40,00e. .
it iE Nn �.
tt'','i , ti `' I_IVI,ti' !`5( )\
F, i
/s `M' 3kr
p
'"' ''t J ♦ _ X73
1.
' { / v
1 _ _ �.. _._-- _-_— _. — j t 4e.�
Sign projects from facadei •� `Azo`
I e air, t�
Jo. to
Projecting sign does not
• Window Signs dominate front of building
• Text should be limited to the business name and/or a message to describe the services
offered.
• Signs should be limited to individual letters placed on the interior surface of the window.
• Letters should be white, black or gold leaf paint. Avoid bright, distracting colors that may
become too dominant and contrast the overall theme.
!Anil-ed City of\Io 'kvi l le
Comprehensive Land Use Plan Update 44
Design Guidelines
Community Character Principles
• Street Address Markers
• In non-residential developments, address markers should be incorporated into the project
signage with similar materials and colors.
• In residential developments:
■ The address marker must be located within 5 feet of a light fixture, which will illuminate
the street number from dusk until dawn.
• The address marker must be located closest to the street either on the front façade of
the house closest to the driveway or porch column closest to the driveway.
• Prohibited Signs
• Signs that obstruct the clear view of pedestrian and/or vehicular traffic or interfere with
efficient operations of vehicles.
• Billboards within "Gateway"
corridors.
• Neon or signs with bright dam'
lights unless individually , � a
approved by the City.
i*es
• Signs excessive in scale,
size, height or use materials ANTIOCH COM •1ERCE CENTEt'
not consistent with the overall
design theme-
wmeV.411;...5: reaaAPPCIFr
• Off-premise signs including
signs or graphics applied to )-• POMPIPP-".. .1410
parked vehicles for nearby
vendor identification.
• Signs or graphics painted
directly on exterior of
buildings, fences or walls.
• Landscaping that becomes a
sign or message. Pole mounted and billboard signs are prohibited
• Pole mounted signs.
tAnifecl City of Yorkville
Comprehensive Land Llse Plan Ltpclate 45
- CK/1
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
GRANT OF SANITARY SEWER EASEMENT AGREEMENT
THIS AGREEMENT is entered into this ' day of ,204-by and
between ROBERT J. JOHNSTON and ALTHEA E. JOHNSTON, County of Kendall, State of
Illinois (hereinafter collectively referred to as the"GRANTORS"),YORKVILLE-BRISTOL
SANITARY DISTRICT, a body corporate and politic, of Bristol Township, County of Kendall,
State of Illinois (hereinafter referred to as the"GRANTEE")and THE UNITED CITY OF
YORKVILLE, an Illinois Municipal Corporation (hereinafter referred to as the"CITY")
WITNESSETH:
WHEREAS, GRANTORS and GRANTEE have negotiated a Grant of Easement a copy
of which is attached hereto and incorporated herein by reference as Exhibit"A" (hereinafter
referred to as the"SUBJECT PROPERTY"); and
WHEREAS,the CITY, GRANTORS and GRANTEE have agreed to assume certain
obligations and responsibilities in relation to this grant of easement, which are detailed herein
and in the attached Exhibit"A".
NOW,THEREFORE,for and in consideration of ten and 00/00.dollars ($10.00)in hand
1
paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
1. That the foregoing recitals and exhibits are incorporated as if fully set forth herein.
2. The CITY hereby agrees to waive the United City of Yorkville "Hook Up" fees
associated with connecting the existing house or any replacement home owned by
the Grantors or their heirs, successors and assigns in Bristol Township,Kendall
County, Illinois, to the sanitary sewer line of the Rob Roy Interceptor upon
execution of this Agreement and Annexation of said property to the CITY. The
CITY agrees that the aforementioned sanitary sewer hook shall be transferable by
the GRANTOR.
3. The GRANTEE and CITY shall indemnify and hold GRANTOR harmless and
defend them, and each of them, from and against any and all claims, actions,
damages, liability, losses, expenses and liens,including(but not limited to)
reasonable attorneys and other professional fees, arising out of any occurrence
causing injury or damage to any person(s)or property, whomsoever and
wheresoever, and resulting from or caused by any acts or admissions of grantees,
their employees, agents, licensees, contractors, successors and assigns in
exercising any of the rights and privileges granted herein.
2
GRANTORS:
e?dt 1
4 /i7 7.1
ROBERT J. JOHNS: !�
ALTHEA E. JOHNSTON'
Date: t/
3
CITY:
THE UNITED CITY OF YORKVILLE
BY:
Attest:
Date:
4
GRANTEE:
YORKVILLE-BRIST•L S NITARY DISTRICT
BY: . na _ �. 1k) I/
Attes
Date: r /
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(630) 553-9500
5
Fix
2`.0) f�r o United City of Yorkville Memo
'1` 800 Game Farm Road
EST ° - H836 Yorkville, Illinois 60560
Telephone: 630-553-4350
012. 4) Fax: 630-553-7575
<LExv\
Date: k / 7 . CC..
To: 7) 70..E �� LI/ C� � C� 2c../bet
(;
v ,
From: 5G C1-6.,L,n
cJ
7. L,ncJ
Agenda Item: E 1 lei - � /crit
ieticr LT-
was
Twas not available at the time packets were produced. This item will be available
1_ o. L 1K ,--)7(t and distributed in a supplemental packet.
EhC
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
DRAFT DEVELOPMENT AGREEMENT
FOR
RIVER OAKS PROPERTY DEVELOPMENT,LLC
Prepared by&Return to:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
630.553.4350
DRAFT DEVELOPMENT AGREEMENT
This Development Agreement, hereinafter referred as to "Agreement", is made
and entered into this day of , 2005,by and between,RIVER
OAKS PROPERTY DEVELOPMENT,LLC,hereinafter referred to as
"OWNER/DEVELOPER", and the United City of Yorkville, Illinois, a Municipal
Corporation, hereinafter referred to as "CITY". The OWNER/DEVELOPER and the
CITY may hereinafter be referred to as the Parties.
WITNESSETH
WHEREAS,the OWNER/DEVELOPER is an Illinois Limited Liability
Corporation and the Owner of certain real property, hereinafter referred to as "Property",
located in the CITY and legally described as set forth in Exhibit"A"attached hereto and
incorporated by references as if more fully set forth; and
WHEREAS,the Property is generally located near and adjacent to 344 Van
Emmon Road across the street from the baseball field and is currently unimproved and
heavily wooded property. The Property is currently zoned R-1 One Family Residence
District and consists of approximately 3.473 acres; and
WHEREAS, the OWNER/DEVELOPER seeks rezoning to B-2 General Business
District; and
WHEREAS,the CITY has determined that the terms and conditions set forth
herein will serve a public use and will promote the health, safety,prosperity, security, and
general welfare of the inhabitants and taxpayers of the CITY; and
WHEREAS,the OWNER/DEVELOPER has informed the CITY that it intends
develop the property as Office and Specialty Retail uses as generally permitted by the
City's B-2 zoning, but as modified and restricted per this agreement; and
WHEREAS, the OWNER/DEVELOPER, its vendors, grantees, assigns,
successors,trustees, and all others holding any interest now or in the future, agree and
enter into this contract, which shall operate as a covenant running with the land and be
binding upon any developer and its representatives, and future owners of the land;
NOW, THEREFORE,the CITY and the OWNER/DEVELOPER, in
consideration of the mutual covenants and agreements contained herein, do mutually
agree as follows:
ARTICLE I
GENERAL COMPLIANCE WITH ORDINANCES
OWNER/DEVELOPER hereby agrees to comply with all CITY ordinances, and
this Agreement shall alter said ordinances only as specifically set forth herein. Where the
ordinances of the CITY conflict with the provisions herein,this Agreement shall control.
ARTICLE II
PROPERTY DEVELOPMENT
The Development of the Property shall be generally pursuant to the Conceptual
Plans attached hereto and incorporated herein as Exhibit "B".
That the development of the subject real property described in the attached
Exhibit "A" shall be subject to approval of all Ordinances of the CITY; Site Plan
approval, engineering consultant approval by CITY staff or outside review engineering as
elected by the CITY and Site Plan approval by the City Council in conformance with the
United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City
Reimbursement of Consultants and of Review Fees Ordinances, Municipal Building Fee,
Weather Warning Siren Fee, City Land-Cash Ordinance, and City Development Fee
Ordinance, payable at the time of Site Plan approval, which have been voluntarily
contracted to between the parties and agreed to by OWNER/DEVELOPER.
OWNER/DEVELOPER agree that the Final Site Plan shall comply with all
requirements as set out in the United City of Yorkville Zoning Ordinance and
Subdivision Control Ordinance at the time of execution of this Agreement, unless
provided for differently in this Agreement. No change in the United City of Yorkville
Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants
and of Review Fees Ordinance, and City Development Fee, which have been enacted
subsequent to the execution of this Agreement shall alter the lot sizes, setbacks,
performance standards, or other standards or requirements for this Development except as
provided for in those Ordinances in effect at the time of execution of this Agreement.
OWNER/DEVELOPER, however, will be bound by changes in building codes, building
material changes and the like that may be enacted by the CITY, so long as the same are
applied in a nondiscriminatory manner throughout the CITY. The City agrees that should
the United City of Yorkville revise, alter or otherwise modify the parking requirements
contained in its Zoning Ordinance to provide for a reduction from the standard as of the
date of this Agreement,the City will allow the OWNER/DEVELOPER to comply with
reduced standard.
Utilities and Public Improvements. That On-Site infrastructure construction and
engineering shall be governed by the standards contained in the Yorkville Subdivision
Control Ordinance and other applicable Ordinances unless specifically addressed in the
following, in which case this Agreement shall control. Roadway right-of-ways, widths of
streets, and roadway construction standards shall comply with the requirements as set out
on the approved Site Plan.
All ordinances, regulations, and codes of the CITY, including,without limitation
those pertaining to subdivision controls, zoning, storm water management and drainage,
building requirements, official plan, and related restrictions, as they presently exist,
except as amended, varied, or modified by the terms of this Agreement, shall apply to the
Subject Property and its development for a period of five (5)years from the date of this
Agreement except to the extent this would affect the United City of Yorkville ISO
Insurance Policy in which case said changes would be applicable to
OWNER/DEVELOPER 90 days after passage by the City Council, so long as said
changes are applied uniformly throughout the City . Any Agreements, repeal, or
additional regulations which are subsequently enacted by the CITY shall not be applied
to the development of the Subject Property except upon the written consent of
DEVELOPER during said five (5)year period. After said five (5) year period,the
Subject Property and its development will be subject to all ordinances, regulations, and
codes of the CITY in existence on or adopted after the expiration of said five (5) year
period, provided, however, that the application of any such ordinance, regulation or code
shall not result in a reduction in the number of residential building lots herein approved
for the Subject Property, alter or eliminate any of the ordinance variations provided for
herein, nor result in any subdivided lot or structure constructed within the Subject
Property being classified as non-conforming under any ordinance of the CITY. The
foregoing to the contrary notwithstanding, in the event the CITY is required to modify,
amend or enact any ordinance or regulation and to apply the same to the Subject Property
pursuant to the express and specific mandate of any superior governmental authority,
such ordinance or regulation shall apply to the Subject Property and be complied with by
OWNER/DEVELOPER,provided, however,that any so called"grandfather"provision
contained in such superior governmental mandate which would serve to exempt or delay
implementation against the Subject Property shall be given full force and effect.
ARTICLE III
SPECIAL PROVISIONS
ZONING: Since the OWNER/DEVELOPER intends to develop the property as office
with specialty real estate and potential loft apartments, all B-1 zoning shall apply, and the
following B-2 zoning uses shall apply(but no other B-2 Uses shall be allowed):
"All permitted uses in the and B-1 Districts, Art Gallery—art studio sales, Art supply
store, Picture frame store, Watch and clock sales and repair, Weaving and mending—
custom, interior decorating studio."
No B-2 Special Use shall be allowed, except to the extent that "Apartments, single-
family, located in business buildings" are allowed under the B-1 General Business
District.
ACCESS AGREEMENT OVER DRIVEWAY TO ADJOINING PROPERTY:
OWNER/DEVELOPER shall obtain an agreement for cross access and ingress and
egress on, over and across the existing driveway separating the two lots comprising the
property. Said agreement shall be approved by City Zoning and Engineering staff and
shall then be recorded as a permanent right of use on the property.
ACCESS FROM VAN EMMON ROAD
The Project consisting of two platted lots shall share a common entrance from Van
Emmon Road, and shall be limited to this single point of access from Van Emmon Road.
BUILDING HEIGHT
OWNER/DEVELOPER agrees that no building on the property shall exceed 35' (thirty
five feet) in height as measured by current building codes. Said measurement shall not
include the walk out basement.
ARTICLE IV
EFFECTIVE DATE
The effective date of this Agreement shall be the date this Agreement approved
and executed by the OWNER/DEVELOPER and CITY.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. This Agreement shall be binding upon and inure to the benefit of the
parties hereto,their successors in interest, assignees, lessees, and upon any
successor municipal authorities of the CITY and successor municipalities
and shall be enforceable according to its terms and conditions under the
laws of the State of Illinois. Except as otherwise expressly provided
herein, upon the conveyance or assignment by OWNER/DEVELOPER to
new Owner or Developer of its interest in the Property to any successor,
assign, or nominee, Owner or Developer, as the case may be, shall be
released from any and all further liability or responsibility under this
Ordinance or Agreement except to the extent previously undertaken by
OWNER/DEVELOPER, or for which OWNER/DEVELOPER has posted
security to perform an obligation in which case OWNER/DEVELOPER
shall be bound to continue to complete its performance unless a
replacement bond or letter of credit is posted by the new Owner or
Developer, and accepted by the CITY which shall not be unreasonably
withheld. In such event the original OWNER/DEVELOPER shall be
released from the underlying obligation to perform. The CITY shall
thereafter look only to the successor, assign, or nominee of
OWNER/DEVELOPER concerning the performance of such duties and
obligations of OWNER and such DEVELOPER hereby undertaken.
B. The various parts, sections, and clauses of this Agreement are hereby
declared to be severable. If any part, sentence, paragraph, section, or
clause is adjudged unconstitutional or invalid by a Court of competent
jurisdiction, the remainder of the Agreement shall not be affected thereby.
C. All notices provided for herein shall be in writing and shall be deemed
effective when personally delivered or three days after such notices have
been mailed be certified or registered mail, postage-prepaid, return receipt
requested,to the Parties at the addresses given below or at such other
address as may be specified by written notice.
If to OWNER/DEVELOPER:
River Oaks Property Development, LLC
Attn: Melissa A. Maye and Cheryl A. Lee
602 Center Parkway, Suite C
Yorkville, IL 60560
630-553-3637
United City of Yorkville United City of Yorkville
John Justin Wyeth, City Attorney Attn: Tony Graff,
800 Game Farm Road City Administrator
Yorkville, IL 60560 800 Game Farm Road
Yorkville, IL 60560
IT WITNESS WHEREOF,the Parties have executed this Agreement as of the day
and year first above written.
United City of Yorkville, Illinois
By:
Arthur F. Prochaska, Jr., Mayor
ATTEST:
City Clerk
DEVELOPER:
RIVER OAKS PROPERTY DEVELOPMENT, LLC
By:
Attest:
EXHIBIT LIST
Exhibit "A" - Legal Description
Exhibit "B" - Concept Plan
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO. 2005-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF A DEVELOPMENT AGREEMENT FOR
RIVER OAKS PROPERTY DEVELOPMENT, LLC
WHEREAS, it is prudent and in the best interest of the UNI IED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Development Agreement
(Attached hereto and made a part hereof as "Exhibit "A") pertaining to the approval of a
zoning change and development of real estate described in the Development Agreement
be entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Development Agreement has been drafted and has been considered
by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Development Agreement are ready, willing and able to enter into said Development
Agreement and to perform the obligations as required hereunder; and
WHEREAS, the procedures for the execution of said Development Agreement have
been fully complied with; and
Page 1 of 3
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
Section 1: The Mayor and the City Clerk are herewith authorized and directed to
execute,on behalf of the City, a Development Agreement concerning the rezoning of the
real estate described therein, a copy of which Development Agreement is attached hereto
and made a part hereof as Exhibit "A"
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of , A.D. 2005.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2005.
ATTEST:
CITY CLERK
Page 2 of 3
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Page 3 of 3
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STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
UNITED CITY OF YORKVILLE
AND WESLEY PROPERTY CORP.
DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into
as of the day of February 2005 by and between THE UNITED CITY OF YORKVILLE, an
Illinois Municipal Corporation located in Kendall County(the"CITY") and Wesley Property
Corp, an Illinois corporation(the "DEVELOPER").
RECITALS:
A. The CITY is an Illinois municipality and hereby enters into this Agreement
pursuant to 65 ILCS 5/8-11-20 ("Enabling Statute"); and pursuant to Section 6(a)
of Article VII of the Constitution of the State of Illinois of 1970, the CITY has
determined that it has the authority to enter into this Agreement.
B. The DEVELOPER owns and intends to construct an addition to the facility
currently located on the subject real property located west of Route 47,north of
Cannonball Trail and on Wheaton Avenue and legally described in Exhibit"A"
(the"Property") for commercial uses ("Development Project"). DEVELOPER has
demonstrated to the CITY's satisfaction that the DEVELOPER has the experience
and capacity to complete the Development Project. The DEVELOPER and the
CITY have determined that without the financial assistance provided under this
Agreement the Development Project would not be feasible and that the
DEVELOPER would not undertake the Development Project. The DEVELOPER
has expressly conditioned the undertaking of the Development Project on the
CITY's agreement to pledge the Sales Tax Revenues (defined later) it receives
from the Development Project to repay DEVELOPER its Reimbursable
Improvements (defined later), all as provided in this Agreement.
C. The CITY deems it to be of significant importance to encourage development
within the CITY so as to maintain a viable real estate tax and sales tax base and
employment opportunities. Accordingly,the CITY has made the following
findings necessary pursuant to the Enabling Statute:
1. That the Development Project is expected to create job opportunities
within the municipality;
—1—
2. That the Development Project will serve to further the development of
adjacent areas;
3. That without this Agreement, the Development Project would not be
possible;
4. That the DEVELOPER meets high standards of creditworthiness and
financial strength;
5. That the Development Project will strengthen the commercial sector of the
municipality;
6. That the Development Project will enhance the tax base of the CITY;
7. That this Agreement is made in the best interest of the CITY; and
8. Pursuant to the Illinois Municipal Code,as amended("Code"),the CITY
has authority to enter into an economic incentive agreement relating to the
development of land within corporate limits, including an agreement to
share or rebate a portion of the retailer's occupation taxes received by the
CITY that are generated by the development.
D. Subject to the terms and conditions of this Agreement, the CITY agrees to
reimburse the DEVELOPER for its Reimbursable Improvements. In reliance
upon the CITY's representations and covenants contained in and subject to the
terms and conditions of this Agreement, the DEVELOPER intends to cause the
Reimbursable Improvements (as hereinafter defined)to be constructed and to
enter into construction contracts and other agreements as necessary.
E. This Agreement has been submitted to the corporate authorities of the CITY for
consideration and review, and the corporate authorities have given all notices and
taken all actions required to be taken prior to the execution of this Agreement to
make this Agreement effective.
NOW,THEREFORE,to maintain and revitalize business within the CITY by assuring
opportunities for development and attracting sound and stable commercial growth;to promote
the public interest and to enhance the tax base of the CITY; to induce the DEVELOPER to
undertake the Development Project; in consideration of the DEVELOPER's agreement to
undertake the Development Project and the CITY's agreement to reimburse the DEVELOPER
for the costs of causing the design and construction of certain of the Reimbursable
Improvements; and in consideration of the mutual promises, covenants, stipulations and
agreements herein contained in this Agreement,the DEVELOPER and the CITY hereby agree as
follows:
—2—
1. Incorporation of Recitals.
The recitals set forth above are incorporated hereby by this reference as if fully set forth
herein.
2. Creation of Economic Incentive Agreements.
The CITY acknowledges that an economic incentive agreement for the subject
commercial property within the Property will provide incentives for development within the
Property, which will provide sales tax benefits to the CITY. The CITY shall, upon application
by DEVELOPER or its assigns,pursuant to 65 ILCS 5/8-11-20 (2002) or any other statutory
means, enact all ordinances and execute all agreements to share or rebate a fifty percent(50%)
portion of the CITY's allocated portion of sales tax revenue as set forth herein to DEVELOPER
or as assigned in writing by DEVELOPER, pursuant to the terms provided in this paragraph of
the Agreement(hereinafter referred to as "Incentives"). For purposes of this Agreement a
"commercial retail user" shall be any user that collects sales tax as part of its operation. The
commercial retailer user shall be referred to as the "Generator".
The CITY acknowledges that its agreement to execute this Development/Economic
Initiative Agreement is a material inducement to DEVELOPER to enter into this Agreement.
3. Development Incentive Reimbursement.
A. Incentives. The DEVELOPER pursuant to the terms of this Agreement
shall be repaid 100% of its Reimbursable Improvement costs (defined
below) out of 50% of sales tax generated by any"Generator"on the
Property or any additional property purchased by DEVELOPER, as
evidenced by paid lien waivers and sworn contractor affidavit submitted to
the CITY. The CITY shall include simple interest of five percent(5%) per
annum for the first year on the Reimbursable Improvement calculation for
the balance of Reimbursable Improvements incurred by DEVELOPER.
Interest rate shall be calculated annually on the first Tuesday of January
compared to the commercial prime rate as listed in the Wall Street and
may increase accordingly to the commercial prime rate as listed on the first
Tuesday of January and the interest shall commence with the Certificate of
Occupancy being issued for the Development Project. DEVELOPER shall
be entitled to recover up to the total amount of the Reimbursable
Improvement calculation plus interest for a period of ten(10)years
commencing from the date of passage and execution of this Agreement by
the CITY as set out in the attached Exhibit"B"incorporated herein by
reference "Engineer's Opinion of Probable Cost and as delineated on
Exhibit"C" attached hereto and incorporated herein by reference as
"Proposed Site Improvements".
—3—
In the event DEVELOPER recovers its full Reimbursable Improvement
plus interest calculation prior to that expiration time,the right to recovery
shall terminate earlier than the previous stated expiration date. In the
event DEVELOPER has not received all of its Reimbursable
Improvements calculation and interest upon said expiration date,the
Agreement shall be treated as expired. Interest shall not be compound
These Reimbursable Improvements include the following for actual cost of ti
the identified reimbursable improvements: ti h .
z v hti 1
i) The design and construction of intersection improvements and
roadway expansions and tapers off-site on Route 47 and Wheaton
Drive as disclosed in the attached Exhibit"B" of approximately
$505,000.00 ; and
ii) Roadway construction of the street for access to the future lots of 1
&2 in the amount of One Hundred Thirty Nine Thousand Seven
Hundred Fifty($139,750) Dollars; and
iii) The design and construction of the sanitary sewer extension and
water mains servicing the subject property and adjoining properties
in the amount of Seventy Four Thousand Five Hundred Twenty
Five ($74,525) Dollars; and
iv) The CITY shall distribute the sales tax revenue generated by any
Generator which shall be capped at$200,000 per calendar year to
the developer as follows:
50%to the DEVELOPER,
50%to the CITY;
v) If the developer's sales tax revenue exceeds by more than $800,000
per calendar, the City shall consider increasing the distribution in
excess of the cap set forth in iv.
B. Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used
herein refers to revenues generated by the sale of merchandise from and
collected under the Retailer's Occupation Tax, or any other"sales tax" or
similar tax that may be enacted by the State of Illinois or any governmental
agency or body created under the laws of the State of Illinois, based upon
gross sales, and located within the State of Illinois, that is collected by the
Generators as a result of business transactions occurring on the Property.
In the event that the CITY's share of said sales tax or substitute tax is
—4—
reduced or increased by the State,then the affected Generator's share
thereof shall be reduced or increased in the same proportion.
C. Payment Obligation. The CITY hereby agrees to pay DEVELOPER or its
assignee the quarterly installment payments made to the CITY by the
Illinois Department of Revenue within thirty(30) days of receipt by the
CITY of the quarterly installments, and continuing until the Reimbursable
Improvements and applicable interest are paid to the DEVELOPER as set
out in this Agreement.
i) The "quarterly installment payment" shall mean an amount equal
to one-half('/2) of the sales tax revenue received by the CITY from
the State generated by each Generator on the Property, or any
additions to the Property. All amounts paid to the DEVELOPER
will be due and payable solely from one-half('/2) of the sales tax
revenues received by the CITY from any Generator's sales for the
preceding calendar quarter.
ii) However, if the CITY no longer receives sales tax revenues from
the Generator due to a change in Illinois statutes,then the CITY
shall make payments to the DEVELOPER from any alternate
sources of revenue provided to the CITY by the State, if any are
made, specifically as a replacement or substitute for sales tax
revenue presently received by the CITY.
D. Verification of Costs. Following construction of the Reimbursable
Improvements, DEVELOPER shall provide the CITY with final lien
waivers and sworn contractor affidavit establishing the cost of such
improvements.
E. Commencement Date. The term of this Agreement shall be for ten (10)
years commencing March 1, 2005 and expiring March 1, 2015, or such
earlier date as DEVELOPER has received payment in full hereunder.
F. Sources of Funds to Pay Reimbursable Development Project Costs.
i) Funds necessary to pay for the Incentives are to be solely derived
from the sales tax generated by the Generators. This pledge of sales
tax revenue hereby is approved by the CITY.
ii) In order to comply with the terms of this Agreement,
DEVELOPER shall require in writing all tenants in the Property
and to any subsequent purchasers of any portion of the Property to
direct the Illinois Department of Revenue to provide the CITY with
—5—
a breakdown of sales tax being remitted to the CITY for each
commercial retailer on-site. In the event DEVELOPER or a
commercial retailer fails to provide the CITY with written
authority for release of said information from the Illinois
Department of Revenue the CITY shall have no duty to remit sales
tax proceeds from that commercial retailer to the DEVELOPER.
4. Assignability.
It is expressly agreed and understood by the parties to this Agreement that the benefits
contemplated in the Development/Economic Initiative Agreement and pursuant to 65 ILCS 5/8-
11-20 (2002) are assignable at the option of the DEVELOPER. Upon such written assignment by
the DEVELOPER, Generator shall have all rights currently vested in the DEVELOPER under the
Development Agreements,this Ordinance and applicable law, and shall be entitled to enforce
same by any legal or equitable remedy. If any Lot is sold by the DEVELOPER, DEVELOPER
shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to the
Development/Economic Initiative Agreement unless specifically assigned by the DEVELOPER
5. Reimbursement Procedures.
A. Sales Tax Reports. DEVELOPER agrees to cause all Generators to
execute and deliver to the CITY a written direction, in form and content
acceptable to the CITY and the Illinois Department of Revenue ("DOR"),
authorizing the DOR to release to the CITY the sales tax figures for the
Generator, on a quarterly basis and during the term of this Agreement.
The CITY agrees to take the necessary action to initiate the transaction.
Should the DOR cease to release the sales tax information to the CITY on
a quarterly basis, DEVELOPER and all Generators shall be responsible for
any further action to obtain the sales tax information from the DOR or
shall be responsible for submittal of the sales tax information from the
DOR or shall be responsible for submittal of the sales tax information as
provided for in the next paragraph of this Agreement.
In the event the DOR fails to submit to the CITY the quarterly sales tax
information for any Generator as provided for in Section A above,
DEVELOPER shall cause Generators to, contemporaneous with the filing
of sales tax reports with the Illinois Department of Revenue or successor
agency, furnish to the CITY copies of any and all sales tax returns, sales
tax reports, amendments, or any other paper filed with the State of Illinois,
said Department of Revenue or other appropriate governmental entity,
pertaining to the Generators, and certified as being true and correct, which
documents are being provided to the CITY for purposes of identifying
sales tax revenues collected pursuant to this Agreement.
—6—
B. Confidentiality. The CITY acknowledges and agrees rees that information to
g
be provided by Generators hereunder are proprietary and valuable
information and that any disclosure or unauthorized use thereof will cause
irreparable harm to DEVELOPER and/or DEVELOPER's affiliates and/or
Generator and/or Generator's affiliates, and to the extent permitted by state
of federal law, including but not limited to Section 7(1)(g) of the Illinois
Freedom of Information Act,the CITY agrees to hold in confidence all
sales figures and other information provided by DEVELOPER or
Generators or obtained from DEVELOPER's or Generator's records in
connection with this Agreement, and in connection therewith,the CITY
shall not copy any such information except as necessary for dissemination
to the CITY's agents or employees as permitted hereinafter. The CITY
shall be permitted to disclose such information (i)to its agents or
employees who are reasonably deemed by the CITY to have a need to
know such information for purposes of this Agreement; provided,that
such agents and employees shall hold in confidence such information to
the extent required of the CITY hereunder or(ii) to the extent required by
order of court or by state of federal law. The confidentiality requirements
of this Agreement shall survive any expiration, termination or cancellation
of this Agreement and shall continue to bind the CITY, its successors,
assigns and legal representatives for a period of five (5)years from the
termination, expiration or cancellation of this Agreement. All Generators
shall be treated as third party beneficiaries to this Confidentiality
provision.
6. Audit.
Each payment by the CITY to DEVELOPER shall be accompanied by a statement
executed by the City Treasurer or the Treasurer's designee, setting forth the calculations of such
payment and identifying the sales tax return period to which the payment relates. The City
Treasurer or the Treasurer's designee shall further issue a statement setting forth all payments
made to date to DEVELOPER. DEVELOPER shall have one (1)year following the receipt of
said payment to contest any of the calculations or information contained in said statements.
DEVELOPER shall have the right to review all sales tax reports provided to the CITY by the
state relating to any Generator upon two days written request by DEVELOPER.
7. Default/Right to Cure.
No party shall be deemed in default hereunder until such Party has failed to cure the
alleged default with ten (10) days in the case of a monetary default, or within thirty(30) days in
the case of a non-monetary default, from notice of such default from the other Party; provided,
however, if the nature of such non-monetary default is such that it cannot reasonably be cured
within such thirty (30) days period, then such Party shall not be deemed in default if such Party
—7—
commences to cure such default within such thirty(30) day period and thereafter diligently
prosecutes such cure to completion.
In the event of a default and except as may be otherwise provided herein to the contrary,
the non-defaulting party may: (i)terminate this Agreement upon written notice to the defaulting
party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii)
except as may be otherwise expressly provided to the contrary herein, seek specific performance
of this Agreement, and, in addition, recover all damages incurred by the non-defaulting party;
(the parties declare it to be their intent that this Agreement may be specifically enforced); (iii)
pursue all other remedies available at law, it being the intent of the parties that remedies be
cumulative and liberally enforced so as to adequately and completely compensate the non-
defaulting party.
8. No Obligation to Develop, Open or Operate.
Nothing contained in this Agreement shall be deemed to obligate DEVELOPER,
Generator or any of Generator's affiliates to construct any improvements on the Property or to
open or operate any form of business in the Property for any period of time or at all.
9. Additional Covenants.
A. Time. Time is of the essence unless otherwise stated in this Agreement
and all time limits set forth are mandatory and cannot be waived except by
a lawfully authorized and executed written waiver by the party excusing
such timely performance.
B. Binding Effect. This Agreement shall be construed and enforced in
accordance with the laws of the State of Illinois.
C. Severability. If any provision of this Agreement is held invalid by a court
of competent jurisdiction or in the event such a court shall determine that
the CITY does not have the power to perform any such provision, such
provision shall be deemed to be excised herefrom and the invalidity
thereof shall not affect any of the other provisions contained herein.
D. Notices. All notices and requests required pursuant to this Agreement
shall be sent by certified mail as follows:
To Developer: Wesley Property Corp.
c/o Mr. .Jeffrey Brown
204 W. Wheaton Ave.
Yorkville, IL 60560
To the City: United City of Yorkville
—8—
800 Game Farm Rd.
Yorkville, IL 60560
E. Authority to Execute. The signatories of the parties hereto warrant that
they have been lawfully authorized by the City Council of the CITY and
the Board of Directors of DEVELOPER, to execute this Agreement on
their behalf.
F. Attorneys' Fees. If a party commences a legal proceeding to enforce any
of the terms of this Agreement, the prevailing party in such action shall
have the right to recover reasonable attorneys' fees and costs from the
other Party to be fixed by the court in the same action.
G. Relationship of the Parties. Nothing herein shall be deemed or construed
by the Parties or by any third party as creating the relationship of principal
and agent or of partnership of or joint venture between the Parties, it being
understood and agreed that no provision herein, nor any acts of the parties,
shall be deemed to create any relationship between the parties.
H. Remedies Not Exclusive. Except as may be otherwise expressly provided
herein,the various rights and remedies herein contained and reserved to
each of the parties, except as herein otherwise expressly provided, are not
exclusive of any other right or remedy of such party, but are cumulative
and in addition to every other remedy now or hereafter existing at law, in
equity or by statute. No delay or omission of the right to exercise any
power or remedy by either party shall impair any such right, power or
remedy or be construed as a waiver of any default or non-performance or
as acquiescence therein.
IN WITNESS WHEREOF,this Agreement is entered into at Yorkville,Illinois, as of the
date and year shown above.
UNITED CITY OF YORKVILLE, WESELY PROPERTY CORP.
an Illinois Municipal Corporation, an Illinois Corporation
By: By:
MAYOR PRESIDENT
Attest: Attest:
CITY CLERK SECRETARY
—9—
Date: Date:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville,Illinois 60560
630.553.9500
—10—
/Idhh�n
ORDINANCE NO.
ORDINANCE abating the tax hereto levied for the year 2004 to pay
the principal of and interest on $625,000 General Obligation Bonds
(Alternate Revenue Source), Series 2002, of the United City of
Yorkville, Kendall County,Illinois.
WHEREAS the City Council (the "Corporate Authorities") of the United City of
Yorkville, Kendall County, Illinois (the "City"), by Ordinance Number 2002-03 , adopted on the
12th day of March, 2002 (the "Ordinance"), did provide for the issue of $625,000 General
Obligation Bonds (Alternate Revenue Source), Series 2002 (the "Bonds"), and the levy of a
direct annual tax sufficient to pay the principal of and interest on the Bonds; and
WHEREAS the City will have the Pledged Revenues (as defined in the Ordinance)
available for the purpose of paying the principal of and interest on the Bonds during the next
succeeding bond year; and
WHEREAS it is necessary and in the best interests of a the City that the tax heretofore
levied for the year 2004 to pay the principal of and interest on the Bonds be abated;
Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1. Abatement of Tax. The tax heretofore levied for the year 2004 in the
Ordinance is hereby abated in its entirety.
Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the
City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall,
Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2004 in
accordance with the provisions hereof.
Section 3. Effective Date. This Ordinance shall be in full force and effect upon its
passage and approval as provided by law.
ADOPTED by the Corporate Authorities on the 22nd day of February, 2005, pursuant to a
roll call vote as follows:
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURD ROSE SPEARS _
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, the
22ND day of February, 2005.
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois, the
22nd day of February , 2005.
Attest:
CITY CLERK
-2-
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
FILING CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois, and as such official I do further certify that on the day of
, 2005, there was filed in my office a duly certified copy of Ordinance No.
entitled:
ORDINANCE abating the tax hereto levied for the year 2004_to pay
the principal of and interest on $625,000 General Obligation Bonds
(Alternate Revenue Source), Series 2002, of the United City of
Yorkville, Kendall County, Illinois.
(the "Ordinance") duly adopted by the City Council of the United City of Yorkville, Kendall
County, Illinois (the "City"), on the 22nd day of February, 2005, and that the same has been
deposited in the official files and records of my office.
I do further certify that the taxes heretofore levied for the year 2004 for the payment of
the City's $625,000 General Obligation Bonds (Alternate Revenue Source), Series 2002, as
described in the Ordinance will be abated in their entirety as provided in the Ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County
this day of
County Clerk
[SEAL]
ORDINANCE NO.
ORDINANCE abating the tax hereto levied for the year 2004 to pay
the principal of and interest on $3,500,000 General Obligation
Bonds (Alternate Revenue Source), Series 2004B, of the United
City of Yorkville,Kendall County,Illinois.
WHEREAS the City Council (the "Corporate Authorities") of the United City of
Yorkville, Kendall County, Illinois (the "City"), by Ordinance Number 2004-10, adopted on the
24th day of February, 2004 (the "Ordinance"), did provide for the issue of$3,500,000 General
Obligation Bonds (Alternate Revenue Source), Series 2004B (the "Bonds"), and the levy of a
direct annual tax sufficient to pay the principal of and interest on the Bonds; and
WHEREAS the City will have the Pledged Revenues (as defined in the Ordinance)
available for the purpose of paying the principal of and interest on the Bonds during the next
succeeding bond year; and
WHEREAS it is necessary and in the best interests of a the City that the tax heretofore
levied for the year 2004 to pay the principal of and interest on the Bonds be abated;
Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville,
Kendall County,Illinois, as follows:
Section 1. Abatement of Tax. The tax heretofore levied for the year 2004 in the
Ordinance is hereby abated in its entirety.
Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the
City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall,
Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2004 in
accordance with the provisions hereof.
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Section 3. Effective Date. This Ordinance shall be in full force and effect upon its
passage and approval as provided by law.
ADOPTED by the Corporate Authorities on the 22nd day of February, 2005, pursuant to a
roll call vote as follows:
PAUL JAMES MARTY MuNNs
RICHARD STICKA WANDA OHARE
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the
22ND day of February, 2005.
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois, the
22nd day of February , 2005.
Attest:
CITY CLERK
-2-
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STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
FILING CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois, and as such official I do further certify that on the 22nd day of
February, 2005, there was filed in my office a duly certified copy of Ordinance No.
entitled:
ORDINANCE abating the tax hereto levied for the year 2004 to pay
the principal of and interest on $3,500,000 General Obligation
Bonds (Alternate Revenue Source), Series 2004B, of the United
City of Yorkville, Kendall County, Illinois.
(the "Ordinance") duly adopted by the City Council of the United City of Yorkville, Kendall
County, Illinois (the "City"), on the 22nd day of February, 2005, and that the same has been
deposited in the official files and records of my office.
I do further certify that the taxes heretofore levied for the year 2004 for the payment of
the City's $3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B, as
described in the Ordinance will be abated in their entirety as provided in the Ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County
this day of
County Clerk
[SEAL]