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Ordinance 2015-51 201800001&54 DEBBIE G11 I ET-FE RECORDER - KENDALL COUNTY, IL RECORDED: 2/7/2818 02:29 PM ORDI: 44.08 RHSPS FEE: 10.00 PAGES: 9 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2015-51 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS APPROVING A SPECIAL USE FOR A TAVERN AND A GAS STATION, AS AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (Resubdivision of Fountainview) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 27`x'day of October,2015 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on July 5,2017. Ordinance No. x015-51 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING A SPECIAL USE FOR A TAVERN AND A GAS STATION, AS AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (Resubdivision of Fountainview) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, under Section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 5/1-1-1, et seq.), the Mayor and City Council of the City (collectively, the "Corporate Authorities") may provide for the classification of special uses in its zoning ordinances; and, WHEREAS, pursuant to the United City of Yorkville Zoning Ordinance (the "Zoning Code"), any person owning or having an interest in property may file an application to use such land for one or more of the special uses provided for in the zoning district in which the land is situated; and, WHEREAS, the Subject Property within the Fountainview Subdivision that is the subject of this Ordinance is legally described as follows: LOT 1 AND LOT 2 IN FOUNTAINVIEW, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625. WHEREAS, Hari Development Yorkville, LLC (the "Hari") is the contract purchaser of the Subject Property; and acting with authorization from the current owner and successor to the Subject Property; and, WHEREAS, under the authority of the Zoning Code, the Subject Property, lies within a planned unit development and is situated in a B-3 General Business District, which permits taverns and gas stations under a special use permit; and, WHEREAS, the Corporate Authorities have received a request from Hari for an amended planned unit development and a special use permit for the Subject Property to allow a tavern and a gas station on a portion of the Subject Property; and, WHEREAS, a legal notice of publication regarding a public hearing before the Plan Commission on the proposed special use permits was duly published in a newspaper of general circulation in the City, not more than thirty(30)nor less than fifteen (15) days prior to the public hearing; and, WHEREAS, notice to property owners within 500 feet of the Subject Property identified for the special use permit was delivered by certified mail; and, WHEREAS, the Plan Commission convened and held a public hearing on the 12th day of August, 2015, on the question of the special use application; and, WHEREAS, the Plan Commission reviewed the standards set forth in Section 10-4-9(F) of the Zoning Code; and, WHEREAS, upon conclusion of said public hearing, the Plan Commission recommended the approval of the special use of the Subject Property as a tavern and gas station thereby amending the approved Planned Unit Development for the territory within the original Lot 1 of the Fountainview Subdivision. 2 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated herein and made a part of this Ordinance. Section 2: That the Corporate Authorities hereby approve an amended planned unit development for the original Lot 1 in the Fountainview Subdivision now legally described as follows: LOT 101 AND 102 IN FOUNTAINVIEW PLAZA OF YORKVILLE, BEING A RESUBDIVISION OF LOT 1 IN FOUNTAINVIEW, BEING A RESUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625, and also a special use of the Subject Property, legally described as: LOT 102 OF FOUNTAINVIEW PLAZA OF YORKVILLE, BEING A RESUBDIVISION OF LOT 1 IN FOUNTAINVIEW, BEING A RESUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625, for use as a tavern and gas station which special use shall act as an amendment to the approved Planned Unit Development for Lot 1 of the Fountainview Subdivision. Section 3: That the special use granted herein shall be constructed, operated and maintained in accordance with the following conditions: A. Final engineering review and approval including compliance with comments in the July 20, 2015 review letter from Engineering Enterprises, Inc. and City approved modifications, if any; and, B. Approval and issuance of a permit by the Illinois Department of Transportation for the proposed right-in/right-out access from Illinois Route 47; and, C. Approval of truck-turning templates and exhibits after engineering review; and, 3 D. Reduction of the parkway tree requirement to two (2) trees to be planted on the Subject Property, one to be located on the far north edge of the parcel and the second tree in the bed of the alpine current in front of the fuel islands and canopies. Section 4: This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this a7 day of ©CTO6" , 2015. ITY CLE CARLO COLOSIMO QUQ_ KEN KOCH V1 y e- JACKIE MILSCHEWSKI ��\IP` LARRY KOT T(xv e— CHRIS FUNKHOUSER �n Gty JOEL FRIEDERS aU� SEAVER TARULIS a - DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this A day of MA R04 2 MAYO 4 EngineeringEnterprises, July 20, 2015 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Fountainview Plaza—Preliminary Engineering Plan &PUD Plan Review United City of Yorkville Kendall County, Illinois Ms. Barksdale-Noble: We are in receipt of the following documents submitted by Hari Development Yorkville, LLC for the above referenced project. • Preliminary and Final PUD Plan dated June 30, 2015 prepared by MeritCorp Group • Preliminary Engineering plans dated June 30, 2015 prepared by MeritCorp Group • Engineer's Construction Cost Estimate for Public Improvements dated June 30, 2015 prepared by MeritCorp Group • Final Plat dated June 26, 2015 prepared by MeritCorp Group • Landscape Plan dated June 25, 2015 prepared by MeritCorp Group Our review of these plans is to generally determine the plan's compliance with United City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do no relieve the designers from their duty to conform to all required codes regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer the following comments: GENERAL 1. The following shall be submitted to the United City of Yorkville for review during the final engineering process: a. Final Engineering Plans; b. Soil Erosion &Sedimentation Control Plan; c. Lighting/Photometric Plan; d. Stormwater Permit Application; e. IEPA NOI Application; f. TEPA Sanitary Sewer Permit Applications; g. Approval from IDOT for access to/from Route 47; h. Approval from Yorkville-Bristol Sanitary District; i. Approval from Bristol-Kendall Fire Protection District; j. Separate easement or agreement with the property owner for off-site parking on Lot 2; Ms. Krysti Barksdale-Noble July 20, 2015 Page 2 2. The final engineering checklist is attached. This should be used as a guide by the design engineer. 3. It should be noted also that the existing detention basins are not properly being maintained. This issue will have to be addressed during the final engineering process. 4. Punchlist items related to the existing development remain to be addressed. Discussion should take place on how they will ultimately be addressed. PRELIMINARY ENGINEERING PLANS 5. The proposed lot numbers should be consistent throughout the plans (Lot 101 and Lot 102) per the final plat of subdivision. 6. Information on the existing stormwater management facilities should be added to the plans; including grades/contours, high water level, overflow location, storage volume, etc. 7. There is a proposed addition to the height of the existing retaining wall for the detention basin on Lot 101. A structural design for the modifications to the retaining wall should be included with the final engineering submittal. 8. A 5' sidewalk should be included on the plans along the south side of the site within the existing 7' pedestrian easement, from Route 47 to the private drive. 9. Auto and semi-truck traffic turning movements should be investigated through the site and exiting the site. Auto-turn exhibits should be submitted for review. Areas of concern include the northwest corner of the proposed Dunkin Donuts and diesel fuel pump exit onto the private drive. 10. The purpose of the proposed off-site parking area on Lot 2 should be defined. Adjustments to the proposed sidewalk may be required. 11. The location of the dumpster enclosure on Lot 102 should be reviewed. The current location extends into an existing public utility and drainage easement and close to the existing water main on the west side of the private drive. 12. Since restaurantstfood preparation facilities are proposed, grease traps should be added to the sanitary sewer services per Yorkville-Bristol Sanitary District ordinances. 13. The proposed 8" sanitary sewer will be a main (more than one service connection) and therefore will require connection to a manhole and shall be included in an easement. 14. The proposed connections to the existing storm sewer system shall be reviewed and capacities of the existing storm sewer system verified. 15. The bike path along the east side of Route 47 should be shown as existing. PRELIMINARY AND FINAL PUD PLAN 16. All existing and proposed easements should be shown on the plan. 17. Proposed regulatory signage should be identified on the plan. 18. Site plan modifications identified above shall also be incorporated into the PUD Plan. LANDSCAPE PLAN 19. Parkway Trees-The petitioner has requested relief of all parkway tree plantings along the frontage of 11 Rt. 47 for visibility reasons. It is our recommendation to reduce the parkway tree requirement to two trees, one tree located at the far north edge of the property at the back edge of the insanti dogwood. The second tree should be in the in the bed of the alpine currant approximately where the leader line Ms. Krysti Barksdale-Noble July 20, 2015 Page 3 connects. Views to the sign should still be adequate or the signage could be adjusted. 20. Plant List - The proposed plant selections are acceptable and appropriate for the intent of the planting plan. We would recommend specifying swamp white oak instead of the straight white oak species. 21. The request for parking lot islands is acceptable as the site plan does accommodate where possible. 22. The request for the relief near the storm basin is acceptable as there are a number of trees in this area. FINAL PLAT 23. The caption of the plat should read: BEING A RESUBDIVISION OF LOT 1 IN FOUNTAINVIEW, A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS. 24. All existing and proposed easements should be clearly dimensioned. Several of the easements have no dimensions tying them to any boundary lines. If they are not parallel to a boundary a bearing and distance should be added to the line. 25. The 14' easement on the east boundary line should be labeled to indicate the 28' easement is centered on the property line. 26. All building setback lines are to be shown and labeled. If you have any further questions or need additional information, please don't hesitate to call. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Bradle P. Sanderson, P.E. Vice President Enclosure PC: Mr. Bart Olson, City Administrator(via email) Mr. Chris Heinen, City Planner(Via e-mail) Mr. Eric Dhuse, Director of public Works (via email) Ms. Lisa Pickering, Deputy Clerk (via email) Mr. Todd Roberts, P.E., MeritCorp Group LLC(TRoberts@meritcorp.com) JAM, BJA EEI \\MILKYWAY\EEI_Storage\Docs\Public\Yorkville\2015\Y01512-DR Fountainview Subdivision-Lots 1 &2\Docs\prelim plan-plat review#1.docx COPYREGNT c—" 2� MeritCorp N.�,r2 HNa, x I Nomr+ wool I r ---------- L - -----_---—f------- ----�--SYM.BO..oL.x�L E[x�[ G. END 161 -- — ------------- ':oa =• . neA1a� I I I � .EA.. r�� I •a• aW,xaw Nou� a sv aw • Fa 2a w.ciNamaw.L. �• ..rr '�i �.. ♦.ear. >;�' • I' �EI � I alar aw _-1 n 22Ao[[2 r P� a ax '� wErv, T sa• �Y 2 v � E od .. i x "e I '+ f L ------ ———- • Ax..Ax.N 7 �€ �u a"M 1� '�(nry rieui uxa r PNA I • urswcau � V �� . 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