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Plan Commission Packet 2007 01-10-07
r ,cs.0 C! a.` o United City of Yorkville 800 Game Farm Road EST • 11136 Yorkville, Illinois 60560 Telephone: 630-553-4350 Ciarkg 1.11 Fax: 630-553-7575 PLAN COMMISSION AGENDA Wednesday, January 10, 2007 City Council Chambers 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous Meeting Minutes: November 8, 2006 Public Hearings: 1. PC 2006-90 &PC 2006-91 Brighton Oaks II (CONTINUED PUBLIC HEARING) Fox Valley View, Inc., petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 to United City of Yorkville R-2 One-Family Residence District. The real property consists of approximately 37.55 acres south of Route 71, and adjacent to and North of Highpoint Rd., Kendall County, Kendall Township, Illinois. Action Items: • Annexation • Zoning • Preliminary Plan 2. PC 2006-92 &PC 2006-93 Rush Copley Yorkville Healthcare Rezoning to PUD and Preliminary PUD Plan Rush Copley Medical Center, Inc., Petitioners,have filed an application with the United City of Yorkville, Kendall County, Illinois,requesting rezoning from United City of r Plan Commission Agenda January 10,2007 Page 2 Yorkville 0-Office District to United City of Yorkville Planned Unit Development zoning. The real property consists of approximately 44.12 acres located south of Veterans Parkway, Adjacent to the Fox Hill Subdivision,Yorkville, Kendall County, Illinois. Action Items: • Rezoning • Concept PUD Plan • Preliminary PUD Plan Presentation: 1. Rte. 126 and Rte. 71 Commercial New Business: 1. PC 2006-98 Yorkville Marketplace—PUD Amendment Old Business: Page 1of5 UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY HALL COUNCIL CHAMBERS WEDNESDAY,NOVEMBER 8,2006 Chairman Tom Lindblom called the meeting to order at 7 p.m. ROLL CALL Members present: Charles Kraupner, Clarence Holdiman, Anne Lucietto, Bill Davis, Sandra Adams and Tom Lindblom. Members absent: Brian Schillinger,Jack Jones and Michael Crouch. A quorum was established. CITY STAFF AND GUESTS Mayor Art Prochaska; City Attorney John Wyeth; Community Development Director Travis Miller; Lynn Dubajic,YEDC; attorney Dan Kramer; attorney John Philipchuck; Scott Guerard,Wyndham-Deerpoint Homes; Brandon Wilmer, Menard, Inc.; Mike Schoppe, Schoppe Design and Associates. Also see attached sign-in sheet. MINUTES Clarence Holdiman made a motion to approve the October 11, 2006 minutes. Anne Lucietto seconded the motion. The motion was unanimously approved by voice vote. Sandra Adams made a motion to go to public hearing, Charles Kraupner seconded the motion. The motion was unanimously approved by voice vote. Chairman Lindblom swore in all those who intended to speak at the public hearing. PUBLIC HEARING 1. PC 2006-76 Dr. Anthony Milazzo,petitioner,has filed an application with the United City of Yorkville, Kendall County, Illinois,requesting annexation and rezoning. The real property consists of 2 acres located at 10701 Route 71. See attached. Lucietto made a motion to close the public hearing. Adams seconded the motion. The motion was approved by voice vote. Community Development Director Travis Miller said the property is shown as estate on the city's comprehensive plan. The neighboring property,however,recently was granted commercial zoning and the character of Route 71 does lend itself to commercial uses, Miller said. The Laniosz property, which neighbors this property, was granted commercial status with some limitations. Miller said city staff recommends the same type of limitations be Page2of5 placed on this property if the requested zoning is granted. Findings A-E in the staff report refer to those limitations. Attorney Daniel Kramer, representing the petitioner, said the petitioner is okay with findings A, B, D and E. However, C deserves and explanation. C states that the findings necessary for a zoning amendment shall be based on the suitability of the property in question to the uses permitted under the existing zoning classification. Kramer said as the building sits now, it is functionally obsolete. Lindblom asked if any of the commissioners disagreed with Kramer's statements and the commissioner all replied no. Lucietto and Adams said they had slight concerns that the property is in the estate area of the comprehensive plan and not in an area for B-3 zoning. Lindblom said that someday the city would have to review the south side of the comprehensive plan again. Lucietto made a motion to recommend annexation for PC 2006-76 as requested. Adams seconded the motion. The motion was unanimously approved by roll call vote. Kraupner, Holdiman, Lucietto, Davis, Adams and Lindblom voted yes. Lucietto then made a motion to recommend rezoning for PC 2006-76 as requested subject to staff comments in the Oct. 30 staff report. Davis seconded the motion. The motion was unanimously approved by roll call vote. Holdiman, Lucietto, Davis, Adams, Kraupner and Lindblom voted yes. Next, Lucietto made a motion to return to public hearing. Holdiman seconded the motion. The motion was unanimously approved by voice vote. 2. PC 2006-84 and PC 2006-85 Edward Health Ventures, petitioners,have filed an application requesting rezoning. The real property consists of approximately 100 acres at the west corner of Route 71 and Route 126. See attached. Lucietto made a motion to close the public hearing. Adams seconded the motion. The motion was unanimously approved by voice vote. Miller said the concept PUD is in substantial compliance with the city's comprehensive plan. The proposed PUD includes mostly medical center oriented uses with a 5-acre commercial outparcel and 30 single-family lots ranging from 12,000 to 50,000 square feet. The only anomaly is the five-acre portion in the northwest corner,he said. The comprehensive plan there calls for residential. Miller said the staff recommendations state that a park dedication should be included in the agreement. Also,he said the staff wants the architectural character plans to be attached to the agreement. Page 3 of 5 Staff also recommends requiring a minimum of one additional access (an emergency access would be acceptable) from the residential component of the plan to a public road. The anomaly with the 5-acre outlot has been addressed. Based on the configuration proposed by the concept PUD plan, the corner location would be appropriate for a commercial use, Miller said. Also, Miller said staff will update the landscaping ordinance and would ask the developer to adhere to the proposed updated standards. The staff also said there should be incentives for the developer to preserve trees and would develop a formula to replace certain trees that were removed. Preserving the trees was a major discussion during the public hearing. Miller said city staff recommends that the petition has incentive to create a land layout that would be respective to plant material. Lucietto said the verbage in the plan is calling out for a day care center or an assisted living center. As for the commercial portion of the property, Kramer, attorney for the petitioner, said a daycare center, assisted-living center or medical center would be among the acceptable uses. The petitioner agreed to remove uses such as auto sales center, drive- thru restaurants and implement dealers from the list of acceptable uses. Lucietto said she's also worried about the woods. Mayor Art Prochaska asked if it would be appropriate for the Plan Commission to include in its motion a directive to the City Council to look at preserving the woods. Lindblom said it could be part of the recommendation. Lucietto made a motion to recommend the concept PUD plan and rezoning for PC 2006- 84 and PC 2006-85 as requested which includes the intent to preserve the wooded area on the property. Adams seconded the motion. The motion was approved 5-0-1 in a roll call vote. Lucietto,Adams,Kraupner,Holdiman and Lindblom voted yes. Davis abstained. NEW BUSINESS 1. PC 2006-73 Grande Reserve Unit 22 Final Plat John Philipchuck, attorney for the petitioner, said Unit 22 in the Grande Reserve development features 16 buildings and 73 units. Miller said the final plat is consistent with the PUD agreement. Staff,however,has recommended that Visel Drive be realigned. Philipchuck said the petitioner is willing to make that adjustment. Lucietto moved to recommend final plat approval for PC 2006-73. Adams seconded the motion. The motion was unanimously approved by roll call vote. Davis, Adams, Kraupner, Holdiman, Lucietto and Lindblom voted yes. Page 4 of 5 2. PC 2006-79 Caledonia Phase 2 Final Plat Miller said the final plat is consistent with the approved preliminary plan. Davis made a motion to recommend approval of the final plat for PC 2006-79 Caledonia Phase 2. Lucietto seconded the motion. The motion was unanimously approved by roll call vote. Adams, Kraupner, Holdiman, Lucietto, Davis and Lindblom voted yes. 3. PC 2006-72 Menards Preliminary Plat and Final Plat Brandon Wilmer, real estate manager for Menards, said the business wants to expand the lumberyard. Also,the company plans to relocate the canopy and yard entrance to the north side of the building. By doing so, it would enable the business to provide a cleaner, neater, safer environment for the garden center and seasonal merchandise. Meanwhile all other requests in the plan are as they were before. Miller said staff comments reiterate what Wilmer said about safety and a better environment. He said the proposed plat creates one additional lot by designation a number for proposed Lot 3. The proposed plat also increases the size of Lot 2 to allow for an expansion to the store to the south. The staffs recommendation is to approve the request. Davis asked what type of fencing the company would use around the lumberyard. He wondered if now would be the time to request higher architectural standards for the fencing. Miller said the fencing planned is consistent with the city's architectural standards. Wilmer said the fencing planned with uses wrought iron and decking is multi-functional. It is used for storage as well as to prevent theft and creates a safe environment. He said the company plans to go beyond the typical chain-link fence. Lucietto made a motion to recommend approval of the preliminary plat and final plat for PC 2006-72. Holdiman seconded the motion. The motion was unanimously approved by roll call vote. Kraupner, Holdiman, Lucietto,Davis, Adams and Lindblom voted yes. 4. PC 2006-37 O'Keefe Preliminary Plat Miller said there are two items before the commission. One is the preliminary plat and the other is a final plat. They are two separate items,but the staff report groups both together. There are three items in Miller's report regarding the preliminary plan. He said the preliminary plan is consistent with the O'Keefe Subdivision Annexation Agreement. Also, at the request of staff, the petitioner has reconfigured the alignment of Water Park Way. And, the final plat excludes Lot 1. This will be platted as Phase 2 once the right-of- way for Route 47 is determined. Page 5 of 5 Lucietto made a motion to recommend approval of PC 2006-37 the O'Keefe preliminary plat subject to staff comments. Davis seconded the motion. The motion was unanimously approved by roll call vote. Holdiman, Lucietto, Davis, Adams, Kraupner and Lindblom voted yes. Lucietto then made a motion to recommend final plat approval for PC 2006-86 subject to staff comments. Kraupner seconded the motion. The motion was unanimously approved by roll call vote. Lucietto, Davis,Adams, Kraupner, Holdiman and Lindblom voted yes. OLD BUSINESS 1. PC 2006-70 Bristol Bay Unit 13 Final Plat Miller said the Yorkville Kendall Fire Department, approached city staff about concerns with the location of the northern boundary line in the project. To accommodate the concern, staff decided it would be better to realign the northwest corner of the parcel. That realignment would affect Unit 13,he said. The fire department's architects have prepared a site plan positioning the building footprint on the parcel and have requested Centex to reconfigure the north boundary of Parcel 1685 accordingly. Miller said his opinion and the staff's opinion is that this is a matter of a cleanup. Lucietto made a motion to recommend final plat approval for PC 2006-70 Bristol Bay Unit 13 subject to staff comments. Davis seconded the motion. Davis, Adams, Kraupner, Holdiman, Lucietto voted yes. Lindblom abstained. At 8:57 p.m. Davis made a motion to adjourn the meeting. Holdiman seconded the motion. The motion was approved in a voice vote. Minutes respectfully submitted by Dina Gipe PLAN COMMISSION MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R. , on November 8 , 2006, at the hour of 7 : 00 p .m. , at 800 Game Farm Road, in the City of Yorkville, Illinois . D-808906 DEPO • COURT reporting service 1212 South Naper Boulevard • Suite 119-185 • Naperville, IL 60540 • 630-983-0030 • Fax 630-299-5153 www.depocourt.com November 8, 2006 2 1 PRESENT : 2 MR. TOM LINDBLOM, Chairman; 3 MR. CLARENCE HOLDIMAN; 4 MS . SANDRA ADAMS; 5 MS . ANNE LUCIETTO; 6 MR. BILL DAVIS; 7 MR. CHARLES KRAUPNER; 8 MR. TRAVIS MILLER; 9 MS . DINA GIPE . 10 APPEARANCES : 11 MR. JOHN JUSTIN WYETH, appeared on behalf of the United 12 City of Yorkville , Illinois . 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service(630) 983-0030 November 8, 2006 3 1 CHAIRMAN LINDBLOM: At this time I 2 would entertain a motion to go to public hearing . 3 MS . ADAMS : So moved . 4 MR . KRAUPNER : Second . 5 CHAIRMAN LINDBLOM: Moved and 6 seconded . Discussion on the motion? 7 (No Response) 8 CHAIRMAN LINDBLOM: Hearing none, 9 could I have those in favor? 10 (A Chorus of Ayes ) 11 CHAIRMAN LINDBLOM: Opposed? 12 (No Response) 13 CHAIRMAN LINDBLOM: Motion passes . 14 Ladies and gentlemen, the one 15 part I forgot to mention when I was addressing 16 you earlier is that if you ' re going to address 17 the Commission on either of these two items , we 18 would ask that you be sworn in . 19 If you even think you ' re going 20 to have a question or concern or have any 21 statements to make, please stand and raise your 22 right hand and we will swear all of you in, and 23 we will let this pertain to both public hearings . 24 (Witnesses sworn) Depo Court Reporting Service(630) 983-0030 November 8, 2006 4 1 CHAIRMAN LINDBLOM : The first item 2 is PC 2006-76, Dr . Anthony Milazzo, is that -- 3 MR . KRAMER: Milazzo . 4 CHAIRMAN LINDBLOM : Milazzo? 5 Petitioner, has filed an application with the 6 United City of Yorkville, Kendall County, 7 Illinois , requesting annexation to the United 8 City of Yorkville and rezoning from Kendall 9 County A-1 Agricultural District to B-3 Service 10 Business District zoning . 11 The real property consists of 12 approximately two acres located at 10701 13 Route 71 , Yorkville, Illinois . 14 And Dan Kramer speaking for the 15 petitioner? 16 WHEREUPON : 17 DANIEL J. KRAMER, 18 having been first duly sworn, testified before 19 the Yorkville Plan Commission as follows : 20 MR. KRAMER: Thank you . For the 21 record, my name is Daniel J. Kramer . I am an 22 attorney licensed to practice law in the state of 23 Illinois . My address is 1107A South Bridge 24 Street , Yorkville, Illinois . And I represent Depo Court Reporting Service (630) 983-0030 November 8,2006 5 1 Dr . Anthony Milazzo and Otis Development 2 Corporation, which is the name of the entity that 3 he has title in, and he is the 100 percent owner 4 of the property . 5 As you can see from the 6 drawing, which is a very plain-Jane plat of 7 annexation that ' s up on the easel , it ' s an 8 approximate two-acre parcel . 9 In the group of exhibits that 10 you have in your packet tonight, there is a site 11 plan on it . 12 This property, most of the 13 people who have lived in town most of their life 14 would have known it as the old D & H Agricultural 15 Center, Inc . 16 It started back in the 50 ' s . 17 It ' s the subject of a special use in the county. 18 They kind of went through a metamorphosis over 19 the years that would change from more of a 20 livestock and rural community to more a 21 suburban-type community. 22 They sold primarily 23 agricultural feeds, and they actually had a 24 grinding mill there and did things themselves Depo CourtReporting Service (630) 983-0030 November 8, 2006 6 1 over the years . 2 As time went on, they morphed 3 more into a horse and dog pet supply-type 4 business, and then ultimately that business was 5 sold to another party, is now in the City of 6 Yorkville right next to our building at 1111 7 South Bridge Street, and this property has 8 basically sat vacant since . 9 The surrounding uses , as 10 Mr . Miller has pointed out in your Staff report, I1 there is a large grain storage elevator 12 immediately to the south, and then a separate 13 owner who came in and annexed to the City, I 14 understand his documentation is not totally 15 finalized as far as the recording of the 16 ordinances , but the City Council has voted to 17 annex and zone the property for business 18 purposes , if I am pronouncing the name correctly, 19 it was Mr . Laniosz -- L-A-N-I-O-S-Z I believe, 20 for the record -- some months ago, so the 21 property immediately adjacent and contiguous to 22 us to the north is likewise business . 23 If you go a little bit north of 24 that there is some residences that have been Depo CourtReporting Service (630)983-0030 November 8, 2006 7 1 there for quite a number of years as county 2 residences , and then we get into property that ' s 3 currently being annexed to the City by 4 Meadowbrook Homes . 5 We think it ' s a complimentary 6 use under the City Comp Plan . This is going to 7 be a small business area there . 8 Dr . Milazzo does not have an 9 end user as of yet . What he ' d generally like to 10 see there actually is a small sit down 11 restaurant . 12 We ' ve sized the building and 13 the parking area that would accommodate a 14 restaurant or more of a destination retail use . 15 We don ' t see this as a high volume use . It ' s 16 certainly not going to be a McDonald ' s or a 17 Burger King . There is not enough volume there to 18 support that . So we would hope it would be 19 complimentary to the uses adjacent to us . 20 Any final documents we do would 21 contain the Illinois Right to Farm Clause because 22 that elevator, if any of you took a drive out 23 there, now that we are in harvest season, your 24 car came back with a little red sheen on it Depo CourtReporting Service (630) 983-0030 November 8, 2006 8 1 because as they ' re drying corn, even with the 2 sleeves that are supposed to protect, there is 3 still a bit of dust and so on, so that has to be 4 controlled . 5 So, again, we want to be a good 6 neighbor to the farm operation there, and behind 7 us at least temporarily there is farm operations , 8 which again, the CompPlan calls for residential g 9 behind us , so we will meet the buffering 10 requirements for City ordinances . 11 We ' re not asking for any 12 variance, and we hope we ' ll take a property that 13 kind of looks in a bit of a distressed state now 14 and make it a valuable, you know, assessment for 15 the School District and the City both . 16 So once we are done tonight 17 with the public hearing, we ' ll try and answer any 18 questions that you folks or the audience has , we 19 are going to be asking for a recommendation to 20 annex the property, to zone it B-3 , and to 21 recommend approval of the site plan . 22 Thank you. 23 CHAIRMAN LINDBLOM: Okay. Thank 24 you, Dan . Depo CourtReporting Service (630)983-0030 November 8, 2006 9 1 Okay. At this time then is 2 there anyone from the public that has questions 3 or comments for the petitioner? 4 (No Response) 5 CHAIRMAN LINDBLOM: I ' ll ask again . 6 Any questions or comments? 7 (No Response) 8 CHAIRMAN LINDBLOM: Hearing none, 9 could we have a motion then to close the public 10 hearing? I1 MS . LUCIETTO : So moved . 12 MS . ADAMS : Second. 13 CHAIRMAN LINDBLOM: Moved and 14 seconded . Any further discussion on the motion? 15 (No Response) 16 CHAIRMAN LINDBLOM: Hearing none, 17 those in favor signify by saying aye . 18 (A Chorus of Ayes ) 19 CHAIRMAN LINDBLOM: Opposed? 20 (No Response) 21 CHAIRMAN LINDBLOM: Motion passes . 22 (discussion had off 23 the record) 24 CHAIRMAN LINDBLOM: At this time I Depo Court Reporting Service (630) 983-0030 November 8, 2006 10 1 would entertain a motion to go back to public 2 hearing . 3 MS . LUCIETTO : So moved. 4 MR. HOLDIMAN : Second. 5 CHAIRMAN LINDBLOM : Moved and 6 seconded. Further discussion on the motion? 7 (No Response) 8 CHAIRMAN LINDBLOM : Hearing none, 9 those in favor signify by saying aye . 10 (A Chorus of Ayes ) 11 CHAIRMAN LINDBLOM : Opposed? 12 (No response) 13 CHAIRMAN LINDBLOM : Motion passes . 14 Item number two is PC 2006-84 15 and 2006-85 , Edward Health Ventures , an Illinois 16 not-for-profit corporation, petitioners , have 17 filed an application with the United City of 18 Yorkville, Kendall County, Illinois , requesting 19 rezoning from United City of Yorkville R-2 , R-4 , 20 B-1 and M-1 , to United City of Yorkville PUD 21 zoning to allow uses permitted in the B-3 Service 22 Business District and R-2 One-Family Residence 23 District, and for hearing as to the concept PUD 24 plan of the petitioner. Depo Court Reporting Service (630) 983-0030 November 8, 2006 11 1 The real property consists of 2 approximately 100 acres at the west corner of the 3 intersection of Route 71 and Route 126, 4 Yorkville , Illinois . 5 Are you still up? 6 MR. KRAMER: For the record, once 7 again, my name is Daniel J. Kramer . My address 8 is 1107A South Bridge Street , Yorkville, 9 Illinois . 10 I am an attorney licensed to 11 practice law in the state of Illinois, and I 12 represent the land owner, Fox Valley Farm 13 Partnership, and the contract purchaser and 14 developer, Edward ' s Health Care, who is present 15 tonight . 16 I would anticipate that besides 17 myself, Mike Schoppe, our land planner, would 18 testify, and again, I invite any members of the 19 Plan Commission or audience that have questions , 20 Bill Kottman, the President of Edward ' s Hospital 21 is with us here tonight . 22 I think I want to start out 23 with a couple of general comments ; one, I 'm not 24 going to take any responsibility for direction on Depo CourtReporting Service (630) 983-0030 November 8, 2006 12 1 this one either because nothing is in a straight 2 line on 126 and 71 . 3 This is one of those projects 4 that I feel honored to present in the sense that 5 I think it ' s presenting a great opportunity for 6 the City of Yorkville in that we don ' t have any 7 kind of health care facility south of the river, 8 and I think if this facility comes here, it will 9 only generate some retail and some commercial 10 growth that will just be great for the City and 11 again, fill a void in our health care where 12 families have emergencies with children and 13 elderly and all of us that can use this service 14 in this location . 15 Basically the property, as the 16 application indicates , it ' s approximately 100 17 acres . It was annexed back at the tail end of 18 the 1970 ' s and early 80 ' s , by at the time a Swiss 19 national who had bought the property just as an 20 investment in this country, and I remember I was 21 brand spanking new, had hair, and it was an 22 incredibly divisive issue in town because some 23 people thought when we brought in this large 24 assemblage between Route 47 , 71, and 126 that it Depo CourtReporting Service (630) 983-0030 November 8, 2006 13 1 was going to change the face of Yorkville and we 2 were never going to be the same again . 3 Then this little thing called 4 the 1980 ' s with 20 percent prime came along and 5 that owner found it less tolerable to own that as 6 an investment, and fortunately young Mr . Davis ' 7 dad here had some courage and went out on a limb, 8 put a group of guys together who bought it, and I 9 think again, it has turned out to be a very nice 10 asset for the City. There are some of our 11 largest lots and best housing in town in 12 Wildwood . 13 When Bill Kottman came to 14 Dr . Davis and indicated his interest in it, they 15 worked out that they would sell the easterly I 16 would call it anyway hundred acres to them. 17 Right now at the very tip of 18 the property as 71 and 126 were configured, that 19 had a small parcel that was zoned B-2 , and the 20 predominant zoning where the hospital proposes to 21 go frankly is residential under the original 22 annexation agreement back from the 80 ' s . 23 Again, we ' re asking to change 24 that, and the hospital would proceed in a course Depo CourtReporting Service (630) 983-0030 November 8, 2006 14 1 where they would like to start out with a small 2 medical office building facility on the 3 Route 71 side of the property, but they are using 4 a lot of foresight saying look, as this area 5 grows and as the needs of the community continue, 6 they would like to see it morph into a full-scale 7 hospital facility as those services are needed. 8 Dr . Davis ' group would end up 9 keeping that approximate five-acre parcel that 10 I ' ll let Mike tell you, I call it kind of a 11 salmon color parcel along the through street at 12 the top, and then to provide some additional 13 buffering for the existing residents of Wildwood 14 subdivision, there is going to be a portion that 15 the hospital would partner up or sell to a 16 residential developer, that they' d actually add 17 some additional single-family between they and 18 the hospital facility, and I think that ' s 19 important because it tells the neighbors next 20 door if they ' re willing to go on the hook and try 21 and have a few lots of high-end residential, 22 they ' re not going to be adverse to the interests 23 of the residents next door because if they didn ' t 24 think they were a nice mix, they wouldn ' t try and Depo CourtReporting Service (630) 983-0030 November 8, 2006 15 1 do it . 2 Again, I think the hospital did 3 something very wise a few weeks ago, and that is 4 we sent letters out to all of the property owners 5 within 500 feet, so we went further than the 6 state statute, and we rented the old historic 7 courthouse, and so Bill Kottman and his staff 8 came, as did Mike Schoppe, with the drawings you 9 see here tonight and gave the neighborhood an 10 opportunity literally to ask any questions they 11 wanted about Edward ' s Health Care services , what 12 was going to be done on the property, what their 13 concerns were . 14 It was very well attended, a 15 very active audience, and we got great feedback 16 and I think a positive recommendation . 17 So I ' m going to turn the 18 planning process over to Mike Schoppe here and 19 let him take you through the plan and then to 20 Bill to let him tell you about Edward ' s Health 21 Care, and again, we ' ll answer any questions we 22 can . 23 When we go into work session, 24 we ' re going to be asking three things from you as Depo Court Reporting Service(630) 983-0030 November 8, 2006 16 1 a Plan Commission tonight . We ' re going to ask 2 that -- or actually two . We ' re going to ask that 3 you change the zoning on the property, this one 4 we don ' t have to annex; and then again, subject 5 to Staff comments , that you would recommend 6 approval of the site concept plan -- 7 CHAIRMAN LINDBLOM : Concept plan . 8 MR . KRAMER: -- to the City Council . 9 Thank you very much . 10 WHEREUPON : 11 MIKE SCHOPPE, 12 having been first duly sworn, testified before 13 the Yorkville Plan Commission as follows : 14 MR. SCHOPPE : Good evening . What I 15 would like to do is just go through some of the 16 thought process that we have gone through to put 17 the concept plan together, and hopefully that 18 will -- it will all bring some of the issues that 19 we ' ve been dealing with on the property together . 20 The aerial photograph that we 21 see here, this is probably best used to describe 22 maybe some of the surrounding land uses that 23 we ' ve looked at, outline -- this is the property 24 that ' s outlined in red, 71, 126 . Depo Court Reporting Service (630) 983-0030 November 8, 2006 17 1 We ' ve got the Crooked Creek 2 subdivision to the west and we also have the 3 start of the Wildwood subdivision on the west 4 side of the property as well . 5 And for those of you that are 6 familiar with Wildwood, you know there is two 7 road -- existing road stubs that stop at our 8 property line . I think it ' s Candleberry Lane and 9 Meadow Rose Lane . Both of those have been built 10 and they stopped at our property line . I1 We ' ve got, of course , Country 12 Hills on the south side with their entrance off 13 of 71 . 14 And largely on the north part 15 it ' s undeveloped. It ' s -- That ' s the McKenna 16 property, is the majority of that property. 17 Woodstone development is right 18 in this area and Kendallwood Estates is up in 19 this area . So we do have some development 20 happening in the area . 21 Even though this is a concept 22 plan, there has been a lot of work done, a lot of 23 due diligence type of work and research done on 24 the property. Depo CourtReporting Service (630) 983-0030 November 8, 2006 18 1 We ' ve had the topographic 2 surveys done, we know what the drainage patterns 3 are, we ' ve been able to map where the bridges are 4 and where the logical places for where the 5 stormwater management areas should be and how 6 large they should be . 7 Generally, as you can well 8 imagine , most of this -- of this property ends up 9 draining into the Fox River, but we do have maybe 10 two-thirds of the property that drains in this I1 direction, the northwest corner . I ' ll call it 12 northwest for lack of a better direction . 13 Over to the west we have a 14 small watershed that drains this way, so 15 logically you might expect a stormwater basin 16 here, and then over on the far east side, there 17 is another watershed that drains off generally in 18 this direction, so you might expect a storage 19 basin to be there as well . 20 We ' ve also taken into account 21 the realignment . That ' s the yellow, or these 22 orange lines that you see . This is the 23 realignment of Route 126, 71 intersection, so 24 that intersection is being moved a little further Depo Court Reporting Service(630) 983-0030 November 8, 2006 19 1 east of our development . 2 It does provide, from this 3 intersection to the existing Country Hills , 4 that ' s right about a half a mile , about 2500 feet 5 or about half a mile . 6 So that ' s important when we 7 talk about where we might want to be locating our 8 access points into the hospital facility . 9 And also in this big green blob 10 here, that ' s an existing wood lot . It ' s 11 stayed -- It ' s stayed all these years , it ' s not 12 been farmed . It ' s a mature stand of hardwood 13 trees . It ' s about, oh, 16 to 20 acres . 14 We had the trees surveyed, we 15 are in the process of identifying them and doing 16 an analysis on the condition of those trees, but 17 it ' s a similar type of wood lot that is all 18 through here . You saw that in Kendallwood 19 Estates . This stand of timber, all of this land 20 at one time had that type of hardwood timber on 21 it, and it ' s a mature piece of vegetation . 22 All the rest of the vegetation, 23 there ' s some typical fence row vegetation and 24 some old vegetation around the old farm house, Depo CourtReporting Service (630) 983-0030 November 8, 2006 20 1 which is right here, but that ' s all volunteer 2 type of vegetation . 3 With that, we wanted to look at 4 three basic land uses that we ' re going to be 5 putting on the property, the hospital facility, 6 the commercial property that ' s part of the sales 7 agreement , as Dan mentioned, and the residential 8 property, and figure out okay, where should those 9 best be located given these parameters that we 10 are talking about . 11 Obviously the residential, with 12 the existing residential to the west, the 13 residential component, using that as a transition 14 to the hospital, that made a lot of sense to put 15 in here . 16 That ' s a less intense use, also 17 working with the trees, than say the hospital -- 18 where the commercial property would be . 19 Knowing that the hospital is a 20 multi-story building, it ' s a large structure, we 21 wanted to locate that as close to the center of 22 the property as we could . That just pulls it 23 further away from Route 126 and Route 71, so the 24 height is not as dominant as if it were located Depo CourtReporting Service (630) 983-0030 November 8, 2006 21 1 close to Route 71 or 126 . 2 And then the commercial 3 property, we had looked at this area knowing that 4 because of the drainage being what it is, there 5 is going to be a large open space buffer here in 6 the form of a stormwater basin, so it was logical 7 to bring in -- look at an entrance road here that 8 would eventually lead into McKenna and provide 9 that commercial off of that main entrance road, 10 that would be a full access, with the benefit of I1 being able to use the stormwater management 12 facility to act as a buffer or a separation 13 between the single-family homes that are over in 14 Crooked Creek subdivision. 15 So that ' s -- that ' s the 16 rational behind it, and as you can see on the 17 plan, that ' s why we ' ve got those three major land 18 uses organized the way that we do . 19 Now, the hospital itself is a 20 multi-story building, you ' ve got circulation that 21 will go around the perimeter . These other two 22 buildings , it will be supported -- someday as 23 time goes along and the needs are generated, 24 there will be -- we are looking to see parking Depo Court Reporting Service (630) 983-0030 November 8, 2006 22 1 decks here so that we can have vertical parking 2 rather than spreading it all out on the land . 3 These other smaller buildings 4 are medical office buildings or medical-related 5 offices or an ambulatory surgical center is being 6 contemplated here . This is a fitness center . 7 All of this, of course, being the hospital 8 complex itself . 9 The various residential lots, 10 we ' d be looking at a minimum of 12 , 000 square 11 foot lots , but because of the odd geometry that ' s 12 created in here, most of those lots are going to 13 be probably in the 15 to 18 , 000 square foot 14 range . 15 We ' ve got a lot of flexibility 16 as to the width of those lots so that we can 17 organ -- or arrange the house pad to work around 18 and amongst the existing trees that are out 19 there . 20 Even though we ' ve got a tree 21 survey, this plan, the residential component, 22 hasn ' t been created with the benefit of the 23 location of those trees, so the lot lines, as 24 things move to preliminary and final , probably Depo CourtReporting Service (630) 983-0030 November 8, 2006 23 1 will be moving so that we can best work with the 2 existing vegetation and take advantage of that 3 premium that ' s going to be out there for us . 4 And then, of course, the 5 commercial area, the open space that ' s to the 6 west of that , that represents about -- well, 7 there would be about two, three, 400 foot of 8 separation between that commercial and the 9 residents in Crooked Creek, and in addition that 10 physical separation, there is also going to be 11 land provided for buffering and screening along 12 our west property line and along the edge of the 13 commercial . 14 One of the comments that had 15 come up at our neighbor ' s meeting was that they 16 would like to have some input -- these neighbors 17 would like to have some input as to how that 18 buffer is actually created, and we are more than 19 willing to meet with them and create a buffer . 20 They may want to see it open to 21 see the water feature or they may want it more 22 densely landscaped, and we are willing to meet 23 with them and incorporate what their desires are . 24 We had talked about the road Depo CourtReporting Service (630) 983-0030 November 8, 2006 24 1 extention, and one thing that you don ' t see here 2 is an issue that came up at the neighbor ' s 3 meeting, it came up at the Plan Council, and that 4 is some sort of emergency access into the 5 Wildwood subdivision . 6 Currently there is only one 7 access, it ' s right here, and with these two road 8 stubs and a continuation into our property, if we 9 don ' t provide an emergency access through this 10 property somehow, that -- that subdivision will I1 be relegated to only one entrance . 12 So our thought is to provide as 13 part of the preliminary or final design, once we 14 know more about what the road system is going to 15 do here, is to provide some sort of emergency 16 access to this driveway that would then connect 17 to the public street . 18 Some -- I guess whether it ' s a 19 private drive or a public street can be discussed 20 and evolve over time, but there is the 21 opportunity right in through here somewhere 22 generally speaking to provide for some sort of 23 emergency access so there is a second way into 24 that Wildwood subdivision . Depo CourtReporting Service (630) 983-0030 November 8, 2006 25 1 And another issue that had come 2 up recently was the neighbors had brought up a 3 thought about a desire for a park in the area . 4 There is not a park in Wildwood subdivision . 5 We had met with the park board 6 here about a week and a half ago, and the park 7 board would like to see a park on this property 8 as well . 9 Now, the obligation for the 10 land cash ordinance on the property is going to 11 be about one acre ; with the 30 lots that are 12 here, that equates to about a one-acre park site . 13 So the request has come from 14 the park board that we look at incorporating a 15 plus or minus one-acre park on the property, and 16 I think logically that ' s going to be evolving 17 somewhere in that -- in that wooded area . 18 Whether it ' s immediately adjacent to Wildwood 19 subdivision or it ' s more into the trees , that ' s 20 yet to be determined. 21 And then additionally we ' ve got 22 the buffering along our south property line . 23 We ' ve got some sketches that illustrate how we 24 might envision the buffering along both of our Depo CourtReporting Service (630) 983-0030 November 8, 2006 26 1 property lines, but specifically along Route 71 . 2 There is a hundred foot 3 right-of-way there now, so we ' re thinking that 4 there is not going to be additional dedication 5 required, although Travis is trying to set a 6 meeting up with us and IDOT down in Ottawa for 7 next week where we could talk about the 8 right-of-way issues, the road improvement issues , 9 the access points that we are proposing, and 10 start to get their feedback so we can start to 11 incorporate IDOT ' s thinking into our plans . 12 So we ' re looking at a minimum 13 of a 30-foot landscape strip along Route 71 14 that -- per the City ' s landscape ordinance that 15 would require berming and a certain amount of 16 landscaping, and certainly with this design we 17 can provide for that as well . 18 One thing I ' ll mention, the MOB 19 that ' s right here, this would probably be our 20 firs -- first building constructed, and with that 21 it makes sense this would be our first entrance 22 lining up with Country Hills , so that might 23 logically be the start of the first piece of the 24 development of this property, and then Depo CourtReporting Service (630) 983-0030 November 8, 2006 27 1 additionally we have some full access points here 2 on Route 71 , as well as here and here . 3 We ' ll want to have some further 4 conversations with the McKenna property; I 5 understand there is some interest or activity or 6 people thinking about that, but it will be 7 important that these full access points work not 8 only for this property, but also work for access 9 into the McKenna property, that ' s going to have 10 commercial and residential property on that, and 11 with the IDOT restrictions , there is probably 12 only two full access points that will be coming 13 off of Route 126, so we want to make sure they 14 work for both sides of that development . 15 So with that, those are some of 16 the key issues that we ' ve gone through and dealt 17 with in coming up with the design that we have . 18 CHAIRMAN LINDBLOM: Okay. Thank 19 you, Mike . 20 MR . KRAMER: Thank you . Would you 21 like me to have Bill make a few overall comments 22 and maybe answer some of the audience questions? 23 CHAIRMAN LINDBLOM: Sure . Fine . 24 WHEREUPON : Depo CourtReporting Service (630) 983-0030 November 8, 2006 28 1 BILL KOTTMAN, 2 having been first duly sworn, testified before 3 the Yorkville Plan Commission as follows : 4 MR. KOTTMAN : Good evening . Bill 5 Kottman, President of Edward Health Ventures . 6 Just for clarification, Edward 7 Health Ventures is a subsidiary of Edward Health 8 Services Corporation, which is the parent . 9 Edward Health Ventures is the name of the 10 hospital . 11 Did everyone get a packet that 12 I had passed out? 13 MR. KRAUPNER: No, I did not . 14 MR. KRAMER: Did you get some over 15 here? 16 MR. DAVIS : Yes, I have some . 17 MR . KOTTMAN : Actually I ' ll leave 18 some here if anybody in the audience wants these . 19 In the packet -- and I ' ll go 20 through this quickly, I don ' t want to make this 21 real formal -- but for those of you who maybe 22 have not been up on our campus in Naperville, I 23 want to give you a brief overview of who we are 24 and what we do, just our mission . Depo Court Reporting Service (630) 983-0030 November 8, 2006 29 1 We do want to be the premier 2 health care provider in the Chicagoland area 3 where patrons , physicians and employees choose to 4 come . 5 We are roughly about a 400-bed 6 hospital; of that , about 300 med-surg beds , and 7 about a hundred psychiatric beds . We also are 8 currently finishing up about 50 new beds in our 9 heart hospital . 10 If you go into the facts and 11 the growth, you can see we do about almost 22 , 000 12 patient discharges a year right now . Outpatient 13 visits are almost 384 , 000 . ER visits , almost 14 70 , 000 a year . 15 These are big numbers . We are 16 one of the busiest -- We are the busiest hospital 17 in Du Page County from an ER standpoint, OB 18 delivery standpoint, and our med-surg standpoint 19 as well . 20 We have about 900 physicians on 21 medical staff right now, 98 percent of those are 22 board certified physicians , and there is a number 23 of outpatient locations . Again, I won ' t bore you 24 with all the details , you can read at your Depo Court Reporting Service (630) 983-0030 November 8, 2006 30 1 leisure . 2 We have a number of Centers of 3 Excellence, including cardiovascular services , 4 oncology services , emergency services , women and 5 children, and surgical services . 6 We were recently named one of 7 the top 100 best hospitals in the country for 8 cardiovascular care services . 9 We are also one of the top 10 hospitals in the country for treatment of stroke . 11 And we are also a magnet 12 hospital , which only two percent of the -- for 13 nursing, which only two percent of the hospitals 14 in the country are designated as well . 15 You may ask why Yorkville . I 16 told the neighbors and I ' ll tell you as well, 17 probably not a week goes by that I don ' t get a 18 call from someone out either in Yorkville, Oswego 19 area saying, "When are you going to bring Edward 20 physicians out into this area?" 21 We do have a number of patients 22 coming here . I won ' t tell you we are the major 23 provider out here, we ' re not, and simply because 24 we don ' t have the physicians out here yet, but we Depo CourtReporting Service (630) 983-0030 November 8, 2006 31 1 do get a number of physicians from this area . 2 We do provide some physicians 3 out here now, up on the northwest corner of 4 Route 47 and Route 34 , we do have specialists 5 from our Cardiovascular Institute and our Cancer 6 Institute that rent space in the Sandwich Family 7 Practice building out there, so we have been out 8 here for a number of years . 9 We know we need to be in 10 Yorkville, we want to be out here . We have 11 looked at the projected growth, as the City has . 12 We know that it ' s a rapidly growing area . We 13 want to be able to provide services . As that 14 population expands , the services will expand . 15 I have included in the packet a 16 few pictures , again if you have not been up on 17 the campus, to just to kind of show you the types 18 of buildings that we build . 19 Most of the pictures are from 20 the Naperville campus ; there is one here from the 21 Edward Plainfield Outpatient Center . 22 You may know that -- as I say, 23 a similar concept plan for our Plainfield campus, 24 which is located on 127th Street , about a half Depo Cour`Reporting Service(630) 983-0030 November 8, 2006 32 1 mile west of Route 59 in Plainfield . 2 We have recently opened a 3 100 , 000 square foot outpatient center there which 4 houses an immediate care center, radiology 5 center, and physician offices, and we also opened 6 up a 60 , 000 square foot medical office building 7 on that site . 8 We are in the process of 9 developing a joint venture , joint venture between 10 the hospital and physicians, ambulatory surgery I1 treatment center, that we got approved by the 12 state, and that will probably open about this 13 time next year roughly. 14 I have also included in the 15 packet two maps toward the end . The first map 16 shows the two main Edward campuses, one in 17 Naperville, as well as the one in Plainfield . 18 We have also noted on there the 19 other hospitals , major hospitals , in the area, 20 and then the last page shows you our service 21 area . 22 We have broken it down into -- 23 the main ones being a north primary service area 24 and a south primary service area, and we have Depo CourtReporting Service (630) 983-0030 November 8, 2006 33 1 some secondary. 2 We get patients from a broad 3 area, but the bulk of our patients come from what 4 we call our primary service area, and Yorkville, 5 as you can see, is in our south primary service 6 area . 7 As Dan and Mike have pointed 8 out , we have chosen what we feel is a great 9 parcel of land . 10 We know that there are other 11 hospital systems that have purchased land in 12 Yorkville . We applaud them for those efforts . 13 We think it ' s a great thing to have additional 14 health care services available to the community. 15 One of the things that we ' ve 16 looked at and looked at Yorkville and thought 17 about where to place our services , we recognize 18 that there really aren ' t a lot of services on the 19 south end of town yet . 20 Obviously the north end has 21 developed quickly, the river serves as somewhat 22 of a natural barrier, and so again, we see that 23 the south side is probably going to start 24 developing very quickly with a number of Depo CourtReporting Service (630) 983-0030 November 8, 2006 34 1 different services , and health care should be one 2 of those . 3 We ' ve been fairly aggressive in 4 pointing out the types of services that can be on 5 this parcel, but our intent in doing so is to 6 really do the planning for the future, and again, 7 if I can use the analogy, similar to what we did 8 in Plainfield. 9 We did a Planned Unit 10 Development down there and a similar type of 11 system where we said here, ultimately this is the 12 size hospital that could be there, four or 500 13 bed hospital, medical buildings, and associated 14 medical services around that . 15 Fact is the hospital may never 16 get to be that size . Fact is there may never be 17 a hospital here . We don ' t totally control that . 18 As you well know, the state has 19 a licensing procedure called Certificate of Need 20 that dictates whether or not hospital entities 21 are allowed to build certain structures . 22 They certainly dictate whether 23 you get to license your hospital for a major 24 service, like a cardiovascular service, and Depo CourtReporting Service (630) 983-0030 November 8, 2006 35 1 really any major project over about seven million 2 dollars in cost has to be approved by the state, 3 so again, we don ' t have total control over this . 4 And quite frankly, even from a 5 population standpoint, I can tell you that it ' s 6 probably going to be in the neighborhood of ten 7 years before any provider is going to be able to 8 sustain a hospital , you know, and provide a 9 strong enough case to the state where the state 10 would allow it and have a stronger business case 11 where they could support it financially, and we 12 just want to be ready for the future . 13 And, as Mike said, we would 14 start out probably with a small medical office 15 building . We are still looking at various 16 options like that . 17 I did bring an elevation of a 18 medical office building of that size, probably 19 about 15 , 000 square feet . That ' s one option . We 20 could go a couple of stories, depending on how we 21 had to structure it, but I wanted to give you an 22 idea of the design of the building and the way we 23 would do that . 24 We are looking at a number of Depo Court Reporting Service (630) 983-0030 November 8, 2006 35 1 really any major project over about seven million 2 dollars in cost has to be approved by the state, 3 so again, we don ' t have total control over this . 4 And quite frankly, even from a 5 population standpoint, I can tell you that it ' s 6 probably going to be in the neighborhood of ten 7 years before any provider is going to be able to 8 sustain a hospital , you know, and provide a 9 strong enough case to the state where the state 10 would allow it and have a stronger business case 11 where they could support it financially, and we 12 just want to be ready for the future . 13 And, as Mike said, we would 14 start out probably with a small medical office 15 building . We are still looking at various 16 options like that . 17 I did bring an elevation of a 18 medical office building of that size, probably 19 about 15 , 000 square feet . That ' s one option . We 20 could go a couple of stories, depending on how we 21 had to structure it, but I wanted to give you an 22 idea of the design of the building and the way we 23 would do that . 24 We are looking at a number of Depo Court Reporting Service (630) 983-0030 November 8, 2006 36 1 other options . We talked to the City Staff, 2 we ' ve talked to Parks and Recreation about 3 possibly doing some collaborative efforts , around 4 things like a walking trail potentially on the 5 property, and even like a fitness center . Maybe 6 there is something we could do for that . 7 The dilemma is we know the 8 services , you know, the community wants the 9 services ; it ' s how quickly we can get them here 10 and still survive financially while the I1 population grows . That ' s going to dictate how 12 quick we get out here . 13 And with that, I ' d be happy to 14 answer any questions . 15 CHAIRMAN LINDBLOM: We may come back 16 to you . 17 MR. KOTTMAN : Sure . 18 CHAIRMAN LINDBLOM: Dan, anything 19 else for your presentation? 20 MR. KRAMER: I think just to clarify 21 for the record, I know it ' s hard to get on paper 22 when we use a description like there or here . 23 Again, the first medical office 24 building -- Mike, you ' ve got the laser, if you Depo CourtReporting Service (630) 983-0030 November 8, 2006 37 1 want to show them -- is the square that ' s shown 2 adjacent to Route 71 and labeled MOB, medical 3 office building, so that would be the first 4 intended structure on the site . 5 With that, again, we ' ll be 6 happy to answer any questions . 7 CHAIRMAN LINDBLOM: Again, just out 8 of curiosity, what office building is located 9 with the title of ASTC? 10 MR. KOTTMAN : That ' s a good 11 question . That ' s the Ambulatory Surgery 12 Treatment Center . That ' s the designation that 13 the state gives that . 14 So if we were to go out and try 15 to get a license from the state to build a 16 free-standing surgery center, ambulatory 17 outpatient surgery center, it would be called an 18 ASTC, but that ' s, in fact, exactly what we just 19 got approved for the Plainfield campus . 20 CHAIRMAN LINDBLOM: And, Mike, I 21 have a question for you then . What is going to 22 happen to that area where it ' s labeled 23 realignment , Route 126? 24 You ' ve got an egg-shaped -- is Depo Court Reporting Service (630) 983-0030 November 8, 2006 38 1 there -- who is going -- that area right there . 2 MR . SCHOPPE : This piece right here? 3 CHAIRMAN LINDBLOM: Yes . 4 MR. SCHOPPE : The plans -- these -- 5 this line with -- this road line came from plans 6 that we had gotten from IDOT . 7 CHAIRMAN LINDBLOM: Right , I 8 remember that . 9 MR . SCHOPPE : Their plans showed 10 that piece of road, this piece of pavement, is to 11 stay -- 12 CHAIRMAN LINDBLOM: Okay. 13 MR . SCHOPPE : -- and provide -- it 14 looks like it ' s a controlled intersection . 15 This little island here looks 16 like they ' re suggesting that it ' s not going to be 17 a complete full access , but it ' s going to be a 18 controlled intersection, perhaps a 19 right-in/right-out paved road there, but the 20 pavement will stay and provide access to this 21 property as well as the property on the other 22 side . 23 CHAIRMAN LINDBLOM : Okay. Does 24 anybody else here have any questions just for Depo CourtReporting Service (630) 983-0030 November 8, 2006 39 1 clarification, then we ' ll come back later? 2 (No Response) 3 CHAIRMAN LINDBLOM: Okay. At this 4 time then I would ask if there are members of the 5 audience that have any questions or concerns for 6 the petitioners . Yes , sir, gentleman with his 7 hand up . 8 WHEREUPON : 9 BILL SIKORSKI , 10 having been first duly sworn, testified before 11 the Yorkville Plan Commission as follows : 12 MR. SIKORSKI : My name is Bill 13 Sikorski , and I live just adjacent to the 14 property that you ' re talking about . 15 I 'm curious , you were speaking 16 about a parking area somewhere near the 17 development that would probably be homes . 18 MR. KOTTMAN : Parking or park? 19 MR. SIKORSKI : I thought you said 20 parking . 21 MR. KRAMER: He was saying park. 22 MR. SIKORSKI : Oh, it was a park 23 area -- 24 MR. KRAMER: Correct . Depo Court Reporting Service (630) 983-0030 November 8, 2006 40 1 MR. SIKORSKI : -- right in there? 2 And possibly you would bring a 3 road over here; is that correct? 4 MR. KOTTMAN : Yes . Mike, could you 5 speak to that? 6 CHAIRMAN LINDBLOM : Mike? 7 MR . SCHOPPE : Your first question, 8 to clarify that , we had talked with the park 9 board, and they are looking for a park on the 10 property somewhere, and we ' re thinking logically 11 that that park would be located somewhere in this 12 area . Okay? 13 And then the access issue, yes, 14 we ' re looking -- because there is only one way to 15 get into the subdivision now, and if the road 16 system were built as we ' ve got it drawn here, 17 that would still only have one way in and out . 18 So to provide a second way in, 19 what they call an emergency access into that, 20 we ' re looking in this general area to connect 21 this road with this drive with some means of 22 vehicular access , in the case that that entrance 23 were ever to be blocked and emergency vehicles 24 needed to get in to provide service . Depo CourtReporting Service (630) 983-0030 November 8, 2006 41 1 MR. SIKORSKI : And am I correct in 2 what was said here that where the homes will be 3 built in the future adjacent to this hospital 4 property, that piece of property will be sold to 5 someone to develop it? 6 MR. KOTTMAN : Yes . Correct . We are 7 not interested in developing the residential part 8 of the project . It will be someone else . 9 CHAIRMAN LINDBLOM: Okay. Any other 10 questions or concerns? Yes, gentleman over here . 11 WHEREUPON : 12 LANCE DEVRIES, 13 having been first duly sworn, testified before 14 the Yorkville Plan Commission as follows : 15 MR. DEVRIES : Lance Devries . I live 16 at 1701 Candleberry Lane . 17 During our meeting a couple 18 weeks ago we did talk about -- and I think all of 19 the homeowners expressed their interest in 20 keeping our subdivision as quiet and as secluded 21 as possible . 22 The emergency road is something 23 we did not talk about at that meeting whatsoever, 24 and to me, that just seems that it would open up Depo Court Reporting Service (630) 983-0030 November 8, 2006 42 1 our subdivision to anyone that would want to come 2 through there and access our property, and the 3 fact that we do have just one access has served 4 us fine during the time we ' ve been there . I 5 don ' t see really a need to connect to that for 6 whatever, an emergency, so I would be strictly 7 opposed to something like that . 8 Also, I ' ve -- I 'm in the paving 9 business right now, I 'm a sales VP for a paving 10 company, so I ' m familiar with construction, I was 11 a certified arborist for ten years , and I also 12 had a certified arborist come out and do a survey 13 of the woodland area just to document the trees 14 24 inches or better, and there is a substantial 15 woodland, mature woodland forest up there, what 16 you don ' t see in all these other areas . 17 And I have this here . I don ' t 18 have copies for everyone, but I ' d be happy to 19 share this with whoever would like it , that shows 20 the positioning of all these mature trees, and 21 even though this is conceptual, this design right 22 here would destroy the majority of that woodland, 23 and I think that in -- with all the development 24 that ' s going on in Yorkville right now, trying to Depo CourtReporting Service (630) 983-0030 November 8, 2006 43 1 preserve some of the nice natural woodland areas 2 that have trees that are over 150 years old would 3 be a primary concern for anybody trying to 4 develop in this area . 5 I ' d be happy to -- Would you 6 like to see some of these? 7 CHAIRMAN LINDBLOM: Certainly . How 8 many copies do you have? Mr . Devries? 9 MR . DEVRIES : Yes . 10 CHAIRMAN LINDBLOM: This is an 11 impressive report . 12 MR . DEVRIES : Thank you . 13 CHAIRMAN LINDBLOM: Okay. Is there 14 other questions or concerns? Dan, did you -- 15 does anybody have any comments for -- 16 MR. KRAMER: Well, sure . We had -- 17 And the meeting was well attended, I don ' t 18 remember Mr . Devries individually, but he could 19 have been there, and we certainly had a lot of 20 the neighbors . 21 I recall we had two young 22 ladies who in articular did express the same p 23 sentiment as he at the meeting, that they liked 24 the dead-end street effect they were on . Depo Court Reporting Service (630) 983-0030 November 8, 2006 44 1 We also had a number of the 2 other neighbors who said they didn ' t care if 3 there was a connection, and we had a number come 4 up to us afterwards saying look, if any more 5 residences were put on, they would not like to 6 see a through street, but again, we talked in the 7 nature of the emergency access and so on. 8 We don ' t dispute there ' s nice 9 trees out there at all . As a matter of fact , 10 that ' s probably what encouraged Mr . Devries and 11 the other owners who bought wooded lots from 12 Dr . Davis in there . 13 Again, the value of those lots 14 will be the trees and some of the common green 15 space will be the trees . 16 The one thing we can ' t tell -- 17 number one, we didn ' t see this until just 18 tonight -- but you have to tie in that with the 19 location from a surveyor . 20 So we ' re happy to get that and 21 see because maybe we can save some money because 22 that ' s what we ' re out doing now . 23 But, in any event, in terms of 24 the development of the residential, we ' re Depo CourtReporting Service (630) 983-0030 November 8, 2006 45 1 certainly going to preserve as many trees as we 2 possibly can . That ' s the value of the land. 3 The hospital itself, as you 4 see, that ' s going to be developed on pretty much 5 the open land that ' s currently farmed. It ' s very 6 hilly, it ' s not particularly productive soil , and 7 we think again, this is a better use than the 8 residential . 9 As he ' s indicated, we ' ve had a 10 lot of growth in town residences . We need some 11 commercial and some public services like this to 12 take its place . 13 So we ' ll be happy to talk with 14 them, and when we get our tree survey, we ' re 15 likewise going to turn that over to Staff . They 16 literally went through and located, again, with 17 the surveyor everything that they spotted on 18 site . 19 CHAIRMAN LINDBLOM: Thank you . 20 MR. KRAMER: Thanks . 21 CHAIRMAN LINDBLOM: I see two or 22 three more hands . Before I -- And I will 23 recognize you . 24 I do have a letter that was Depo CourtReporting Service(630) 983-0030 November 8, 2006 46 1 given to me that I ' d like to read into the record 2 and then we will recognize you people . 3 It ' s a letter dated November 7 , 4 2006, to myself, Chairman of the Plan Commission . 5 This is by Richard Sticka, who lives at 76 6 Crooked Creek Drive, in the Crooked Creek Woods 7 subdivision . 8 "Dear Tom, please read the 9 following letter at the Planning Commission 10 meeting that will consider the rezoning request I1 by Edward Hospital . Previous commitments prevent 12 my attending the meeting . 13 I am a resident of the City of 14 Yorkville living on Crooked Creek Drive . I wish 15 to state my support for the rezoning request 16 being made by Edward Hospital . I attended the 17 meeting Edward held for residents living near the 18 medical campus they are proposing and saw their 19 plans . A medical facility at this location will 20 be a great benefit to all residents living south 21 of the Fox River . An urgent care facility would 22 be there first with other parts of the plan 23 taking many years before everything up to and 24 including a hospital would be built . But this is Depo CourtReporting Service (630) 983-0030 November 8, 2006 47 1 a good start . Edward is a top-ranked hospital . 2 A medical campus would attract other high quality 3 development . I greatly prefer a medical campus 4 rather than most of the highway-type businesses 5 that could appear at that location . I also 6 support the part of the plan that calls for 7 detention and upscale housing separating the 8 medical campus from existing homes . I urge the 9 Commission to grant the zoning request . Thank 10 you . Signed, Richard Sticka . " 11 And the court reporter has a 12 copy of this . 13 I saw a gentleman ' s hand back 14 in the corner over here . Yes , sir . 15 WHEREUPON : 16 GARY ROLL, 17 having been first duly sworn, testified before 18 the Yorkville Plan Commission as follows : 19 MR. ROLL : My name is Gary Roll 20 (phonetic) . I live at 615 Greenfield Turn in 21 Country Hills . 22 And one of the concerns I have 23 is down the road when the hospital is built, that 24 this is a highly residential area surrounded with Depo CourtReporting Service(630) 983-0030 November 8, 2006 48 1 Raintree there and us and McKenna across the 2 street and what not . 3 The possibility of 4 ambulances -- after all, when you open a 5 hospital, it ' s like a hotel, you don ' t shut your 6 doors , and it ' s a 24-hour a day, seven day a week 7 business , and with that, when you have ambulance 8 calls , you have a highly residential area, you ' re 9 going to have kids involved and windows open in 10 the summertime , and I know Rush Hospital is quite 11 busy, similar to Naperville, the possibility of a 12 helipad there, possibly helicopters flying in and 13 out . It doesn ' t happen much, I don ' t imagine, 14 but it does happen . 15 MR. KOTTMAN : Right . 16 MR. ROLL : And those are issues I 17 see of just the noise and the light pollution 18 you ' re going to have out there with the lights in 19 the parking lot, parking decks, and what not, 20 you ' re calling for multi-story on this . 21 MR. KOTTMAN : Sure . If I can speak 22 to that, Dan will talk to the light issue, but 23 with respect to the ambulances, we have that 24 issue in Naperville right now . Depo CourtReporting Service (630) 983-0030 November 8, 2006 49 1 We ' re a very busy campus there 2 now, as I mentioned some of the statistics 3 earlier . We are probably 15 to 20 years from 4 ever getting to this point . But no, I just want 5 to say, so building up to that, what ' s happened 6 in Naperville is that we have asked the 7 ambulances as they approach the hospital to cut 8 off their sirens . They have done that . • 9 In fact, there was -- I don ' t 10 know if he ' s here tonight, but there was a woman 11 in your neighborhood who actually was a former 12 neighbor on the Naperville campus , and she 13 vouched for that issue as well . 14 The heliport, again, if we ever 15 get the hospital and that ' s there, you are 16 talking a maximum of probably a couple flights a 17 month . That ' s what happens at the Naperville 18 campus right now, it ' s a handful of flights that 19 come in and out of there . 20 But again, it ' s providing a 21 necessary service . If we can ' t care for people 22 at the hospital, then, you know, they would get 23 air lifted out . 24 MR. ROLL : Oh, sure . Depo CourtReporting Service(630) 983-0030 November 8, 2006 50 1 MR. KOTTMAN : Motor vehicle accident 2 or something like that . 3 MR. ROLL : And I ' m not saying -- We 4 need something in Kendall County. We don ' t have 5 a hospital at this point . We need one . 6 MR. KOTTMAN : Sure . 7 MR. ROLL : But I 'm just looking -- 8 Edward ' s Hospital -- I am a doctor over there, I 9 go Edward ' s Hospital , but it ' s more commercial up 10 and down Washington there than what this area 11 there is going to be . 12 MR. KOTTMAN : In the future, 13 Route 71 is going to get very busy whether we put 14 the hospital there or not . 15 MR. ROLL : True . 16 MR. KOTTMAN : So that ' s going to 17 happen . A hospital would add some traffic 18 without a doubt, but if you are comparing what 19 else could go on that , if the hospital wasn ' t 20 there, a commercial development there, arguably 21 that could develop even more traffic than a 22 hospital . 23 Dan can speak to the light 24 issue . Depo Court Reporting Service (630) 983-0030 November 8, 2006 51 1 MR. KRAMER: Right . One of the 2 things , in the old days when we built buildings , 3 you had huge security lights, the battery packs 4 facing out towards the parking lots . 5 Now one of the things that the 6 City ' s Staff will do is what they call a 7 photometric study, so the bleed off at the lot 8 line won ' t be any brighter, in fact , from your 9 house if you ' ve got a back light or a front gas 10 light on because they directionally point it 11 down, and I believe the City' s standard is at the 12 lot line that ' s got to be a 0 . 2 candle watt, 13 which is literally nothing . 14 So we won ' t qualify for dark 15 sky society for people who like to look at stars , 16 but still, you ' re not going to have a brightly 17 lit parking lot, you ' re not going to have 18 security lights facing out towards your home or 19 even Route 71 . 20 They are directionally down, 21 and those are box-type fixtures now by City 22 ordinance and by design . 23 And I can echo what Bill is 24 saying . The highway count, obviously one of the Depo Court Reporting Service (630) 983-0030 November 8, 2006 52 1 reasons they are reconfiguring 71 -- and it ' s 2 really a Band-Aid approach . I mean, that ' s going 3 to end up being probably a four-lane 4 cross-section in our watch, two lanes going each 5 way, and then you ' re going to have turn lanes at 6 71 and 126, so you ' re going to end up in effect 7 with six functional lanes, maybe not next year, 8 maybe not five years , but if the state gets 9 funding, and we ' re growing out here, so the noise 10 is going to be higher from the ambient traffic 11 going through frankly than it will be the 12 hospital . 13 As long as they do what they' ve 14 done in Naperville, and it ' s going to be -- I 15 don ' t know if you ' ve ever gone in the back way to 16 it -- 17 MR . ROLL : That ' s how I get in . 18 MR. KRAMER : -- but it ' s basically 19 residential on three sides . Washington, I agree 20 with you, is totally commercial , but it is 21 surrounded by residential, so they had to be good 22 neighbors . I think -- 23 MR. KOTTMAN : It ' s actually a very 24 similar setting . Directly across the street on Depo CourtReporting Service (630) 983-0030 November 8, 2006 53 1 Washington is residential, so it ' s fairly 2 similar . 3 MR . KRAMER: And that ' s why I think, 4 again, the residential component they are willing 5 to do here is really putting their money where 6 their mouth is . 7 If they didn ' t think they could 8 get a good, upper end developer to continue the 9 style of housing you ' ve got in Wildwood, which is 10 very nice, that would scare you as far as being a 11 neighbor as far as sound and lights and so on . 12 They ' re confident they can mesh 13 the two, and that ' s why they ' re willing to kind 14 of prove that out by taking that route . 15 MR. ROLL : The other question I have 16 for you -- 17 MR. KRAMER: Sure . 18 MR. ROLL : -- is obviously we ' re 19 there, you are putting a hospital in here . It ' s 20 not like Edward, where you built around it . With 21 Edward, a long time nothing was out there . 22 MR. KOTTMAN : Sure . 23 MR. ROLL : So in that case, has any 24 study been done as far as property values of what Depo Court Reporting Service(630) 983-0030 November 8, 2006 54 1 they ' ve done being that close to the hospital or 2 medical complex? 3 MR. KOTTMAN : In Naperville? 4 MR. ROLL : Or one out by us . 5 MR. KOTTMAN : We have not done any 6 studies -- 7 MR. ROLL : Will our property drop 8 $20 , 000 or will it increase $20 , 000? 9 MR. KOTTMAN : No, I understand . 10 Actually we are working with the City of I1 Naperville right now on some zoning issues, and 12 one of the things we are looking at is what 13 impact has the hospital had on the surrounding 14 neighborhoods , and I can tellY ou it has not been 15 deteriorated. 16 Case in point, there is a 17 couple of three-bedroom homes that recently sold 18 for over $600 , 000 . There has been tear downs in 19 the neighborhood immediately adjacent to the 20 hospital . 21 Typically developers don ' t come 22 into depressed areas to do those types of 23 activities or tear downs, so -- that ' s anecdotal, 24 I realize that , but we have not seen it . Depo CourtReporting Service (630) 983-0030 November 8, 2006 55 1 MR. ROLL : Thank you . 2 MR. KRAMER: Again, I think 3 Mr . Sticka, who sent in the letter, and at that 4 meeting was very vocal, and indicated, you know, 5 he would much rather see this type of 6 development . 7 He happens to live along that 8 area -- and again, we don ' t mean to mislead you 9 in any way . It ' s shown as blue simply depicting 10 it ' s going to be some type of water detention 11 facility . 12 Whether it turns out being a 13 lake or a conservation base dry detention pond, 14 we haven ' t done the engineering yet , so we ' re not 15 trying to trick you there, but Richard ' s point 16 was having that kind of detention, the setbacks 17 I 'm going to get there is much more open than I ' d 18 get if I had any residential developer who would 19 buyit it ' s zoned for residential could -- and t -- 20 go in and put 12 , 000 square foot lots at the 21 minimum and wouldn ' t have that kind of open space 22 or buffering, so there are some compensating 23 factors . 24 CHAIRMAN LINDBLOM: Young lady in Depo Court Reporting Service (630) 983-0030 November 8, 2006 56 1 the middle, please . 2 WHEREUPON : 3 CAROLYN DEVRIES, 4 having been first duly sworn, testified before 5 the Yorkville Plan Commission as follows : 6 MS . DEVRIES : My name is Carolyn 7 Devries . A couple of -- couple of issues . One 8 is I agree, I think Edward ' s would make good 9 neighbors , I don ' t have an issue with that . 10 What I do have an issue with is 11 the fact of them going through the woods , which, 12 as my husband pointed out, is heavily wooded. We 13 are talking 150-year old oak trees that are 14 beautiful that would just be destroyed . 15 Another thing was is they had 16 indicated that the lot sizes that they wanted to 17 put in there would be a minimum of 12 , 000 square 18 foot and they were going to be connecting . 19 The smallest lot in our 20 subdivision is roughly about 21 , 000 square foot, 21 which is mine, which is a half acre, and it goes 22 up to three-quarters of an acre, so it ' s not 23 going to be the same . 24 And I spoke with both of these Depo CourtReporting Service(630) 983-0030 November 8, 2006 57 1 gentlemen at the meeting and asked them if there 2 was something else we could do . 3 I 'm not opposed to having -- 4 putting more homes in, I 'm just having -- I am 5 opposed to having them go right in the middle of 6 the woods , and I said maybe what we -- maybe what 7 they could do is donate the area for a green 8 space or a park area, something where they 9 wouldn ' t necessarily go in and destroy . 10 CHAIRMAN LINDBLOM: Any response to 11 that at all, Dan, or -- 12 MR . KRAMER : Well, again, as Mike -- 13 CHAIRMAN LINDBLOM: Excuse me . I 14 thought Mike said that -- maybe I heard you 15 wrong -- you thought some of these lots were 16 going to be like 18 , 000 , 18 , 19 . 17 MR. KRAMER: Yes , because they won ' t 18 be -- I mean, and you can see from the 19 configuration we did, two points , one, we didn ' t 20 show a street connection yet because we frankly 21 told the members of the audience that night, it ' s 22 a City call , if we didn ' t raise the issue the 23 City would ask what kind of land planner Mike 24 Schoppe is and are we asleep at the switch Depo CourtReporting Service (630) 983-0030 November 8, 2006 58 1 because one thing you always ask us when we ' re 2 here on residential development is about 3 connectivity in emergency services . 4 So I think Mike did the right 5 thing raising the issue, just like we did with 6 the neighbors . 7 If you tell us you don ' t want a 8 connection, Mike can do it without a connection . 9 And as he said, it won ' t be a grid and bar 10 subdivision where you ' re going to have 12 , 000 11 square foot lots , which are generous sized lots . 12 Because of the curvilinear 13 nature of it , they ' re going to be anywhere from 14 12 at a minimum, and could be some -- and very 15 likely will be -- over 20, 000 . 16 Once they get their tree survey 17 that again identifies by species and type and 18 ties it in with the global positioning system to 19 the location of it, they can start fooling around 20 with those lot lines . There ' s just no way to 21 pictorially show it other than the way he did, 22 and yes, there may be some areas that they choose 23 to slide the residents down here and leave the 24 woods alone up here, and maybe that won ' t even be Depo CourtReporting Service(630) 983-0030 November 8, 2006 59 1 the park area, it will simply be open space on 2 our drawing, that the hospital retains ownership . 3 And that is the beauty of the PUD . 4 But what we need to do is 5 further investigation . On the residential , we ' ll 6 have to come back with the preliminary plat, a 7 final plat and engineering, so, I mean, we are 8 very mindful of their concerns, and there were 9 concerns other people raised. 10 Like I said, we promise Mr . T 11 won ' t be a lot purchaser, or if he is , we won ' t 12 let him use a chain saw on it . 13 So in terms of the housing 14 type, again, Dr . Davis , as a matter of choice I 15 think should be commended because he was the one 16 who could have built much smaller lots , but he 17 developed it and platted it with the larger lots . 18 We ' re in a bit different time 19 and age where the land cost is substantially 20 higher than 1982 , and it doesn ' t mean they ' re 21 going to be lesser homes . 22 The architectural guidelines 23 that we ' re going to put in the PUD and the 24 covenants will either be equal to or in excess Depo CourtReporting Service (630) 983-0030 November 8, 2006 60 1 of, because , frankly, some of the covenants we 2 had back then, there are some newer building 3 materials , some different types of masonry and so 4 on that they may want to incorporate, but they ' ll 5 keep those architectural standards so we get 6 those nice custom built homes , which is what is 7 in Wildwood now. 8 CHAIRMAN LINDBLOM : Okay . Other 9 questions or concerns? Back row, please . 10 WHEREUPON : 11 JIM SHALEK, 12 having been first duly sworn, testified before 13 the Yorkville Plan Commission as follows : 14 MR. SHALEK: Jim Shalek, 1706 15 Candleberry Lane . 16 I think Venture Partners has 17 presented a good plan that would ultimately 18 benefit the village, and there seems to be a lot 19 of support of it from people that attended not 20 only this meeting, but also the meeting held a 21 couple weeks ago at the courthouse . 22 But a lot of things -- because 23 there are unknowns , you get -- you hear -- you 24 harken back to that phrase, the dollar is in the Depo Court Reporting Service (630) 983-0030 November 8, 2006 61 1 details . 2 We ' ve had some indications from 3 Edward Venture Partners that maybe were sensitive 4 to preserving the forested area . That ' s fine . 5 We also had some indications 6 they want to build comparable homes adjacent to 7 the property, but if they' re selling this parcel 8 off to someone else to develop, I have concerns 9 that someone else may be approaching this 10 Planning Commission at some time and ask for a I1 different scenario altogether, and what we think 12 we ' re getting is not ultimately what we get . 13 MR. KRAMER: That one I might be 14 able to answer fairly -- fairly concisely . 15 Number one, obviously you, as 16 Plan Commission members and the audience, 17 wouldn ' t be privy to the contract with Dr . Davis , 18 but , frankly that ' s one of the contractural 19 clauses with Mr . Kottman about the covenants and 20 architectural controls, so we would make those 21 binding on successors, heirs and assigns because 22 Bill is standing up here under oath tonight 23 telling you he knows he can ' t be the developer of 24 the residential, that ' s not their portfolio as a Depo CourtReporting Service (630) 983-0030 November 8, 2006 62 1 health care provider, so we know that ' s going to 2 be a third-party. We know it ' s not him. 3 So believe me, we want to make 4 those conditions part of the Planned Unit 5 Development agreement that will help with the 6 City binding on Bill, so that when he sells to 7 Mr . Smith or whoever it is down the road that 8 they are bound by those . Dr . Davis has a 9 interest in that as well . 10 CHAIRMAN LINDBLOM: Okay. Other 11 questions or concerns? Yes . 12 MR. DEVRIES : One thing I did want 13 to mention, in Wildwood and in a lot of other 14 subdivisions that are adjacent to wooded areas, I 15 think that the best use -- and if you go to our 16 subdivision, the homes are situated to where they 17 back up to the woods . 18 MR. KRAMER: And not built right in 19 the woods . 20 MR. DEVRIES : They are not built in 21 the woods . And this is a little bit different 22 scenario because of the timber soil , you ' ve got 23 some very shallow rooted trees, they are very 24 sensitive, and putting any kind of a road through Depo CourtReporting Service (630) 983-0030 November 8, 2006 63 1 the center of the woods is going to destroy a lot 2 of the trees here, so I think that because 3 Edward ' s is trying to become part of the 4 community and work with the land space that we 5 have here , leaving -- trying to utilize this 6 wooded area as a backdrop to residential sites 7 instead of just trying to plop a subdivision or 8 an extension of a subdivision right in the middle 9 of it, it ' s just really not going to be a 10 positive thing for that forested area . 11 CHAIRMAN LINDBLOM: Okay. Thank 12 you . 13 One more time, any other 14 questions or comments? 15 (No Response) 16 CHAIRMAN LINDBLOM: Hearing none 17 then, I would entertain a motion to close the 18 public hearing . 19 MS . LUCIETTO : So moved. 20 MS . ADAMS : Second. 21 CHAIRMAN LINDBLOM: Moved and 22 seconded . Any further discussion on the motion? 23 (No Response) 24 CHAIRMAN LINDBLOM: Hearing none, Depo Court Reporting Service (630) 983-0030 November 8, 2006 64 1 those in favor signify by saying aye . 2 (A Chorus of Ayes ) 3 CHAIRMAN LINDBLOM : Opposed? 4 (No Response) 5 CHAIRMAN LINDBLOM : Motion passes . 6 (Which were all the 7 proceedings had in 8 the public hearing 9 portion of the 10 meeting . ) 11 ---000--- 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 November 8, 2006 65 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15 my hand this day of 16 , 2006 . 17 18 19 20 CHRISTINE M . VITOSH, C . S . R. 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service (630) 983-0030 November 8, 2006 66 $20,000 54:8, 54:8, 30 25:11 across 48:1, 52:24 ambulances 48:4, 54:8, 54:8 30-foot 26:13 act 21:12 48:23, 49:7 $600,000 54:18, 300 29:6 active 15:15 Ambulatory 22:5, 54:18 384,000 29:13, 29:13 activities 54:23 32:10, 37:11, 37:16 ---o0o--- 64:11 4 12:24 activity 27:5 amongst 22:18 0.2 51:12 400 23:7 Actually 5:23, 7:10, amount 26:15 084-002883 65:24 400-bed 29:5 14:16, 16:2, 23:18, analogy 34:7 1 57:16 47 31:4 28:17, 49:11, 52:23, analysis 19:16 100 5:3, 11:2, 12:16, 50 5:16, 29:8 54:10 anecdotal 54:23 30:7 500 15:5, 34:12 ADAMS 2:4, 3:3, ANNE 2:5 100,000 32:3, 32:3 59 32:1 9:12, 63:20 annex 6:17, 8:20, 10701 4:12 60,000 32:6, 32:6 add 14:16, 50:17 16:4 1107A 4:23, 11:8 615 47:20 addition 23:9 annexation 4:7, 5:7, 1111 6:6 7 4:13, 12:24, 16:24, additional 14:12, 13:22 12 11:3, 18:23, 20:23, 27:2 14:17, 26:4, 33:13 annexed 6:13, 7:3, 27:13, 52:6, 58:14 70,000 29:14, 29:14 additionally 25:21, 12:17 12,000 22:10, 22:10, 71 11:3, 12:2, 13:18, 27:1 answer 8:17, 15:21, 55:20, 55:20, 56:17, 14:3, 17:13, 18:23, address 3:16, 4:23, 27:22, 36:14, 37:6, 56:17, 58:10, 58:10 21:1, 26:1, 26:13, 11:7 61:14 126 12:2, 12:24, 37:2, 50:13, 51:19, addressing 3:15 Anthony 4:2, 5:1 13:18, 16:24, 20:23, 52:1, 52:6 adjacent 6:21, 7:19, anticipate 11:16 21:1, 37:23 76 46:5 25:18, 37:2, 39:13, anybody 28:18, 127th 31:24 7:00 1:9, 1:9 41:3, 54:19, 61:6, 38:24, 43:3, 43:15 15 22:13, 49:3 80 12:18, 13:22 62:14 anyway 13:16 15,000 35:19, 35:19 800 1:9 advantage 23:2 appear 47:5 150 43:2 900 29:20 adverse 14:22 appeared 2:12 150-year 56:13 98 29:21 aerial 16:20 applaud 33:12 16 19:13 aforesaid 65:14 application 4:5, 1701 41:16 afterwards 44:4 10:17, 12:16 1706 60:14 <A> age 59:19 approach 49:7, 52:2 18,00 57:16, 57:16 A-1 4:9 aggressive 34:3 approaching 61:9 18,000 22:13, 22:13 able 18:3, 21:11, ago 6:20, 15:3, 25:6, approval 8:21, 16:6 19 57:16 31:13, 35:7, 61:14 41:18, 60:21 approved 32:11, 1970 12:18 above-entitled 1:7 agree 52:19, 56:8 35:2, 37:19 198 59:20 access 19:8, 21:10, agreement 13:22, approximate 5:8, 1980 13:4 24:4, 24:7, 24:9, 20:7, 62:5 14:9 20 13:4, 19:13, 49:3 24:16, 24:23, 26:9, Agricultural 4:9, approximately 4:12, 20,000 58:15, 58:15 27:1, 27:7, 27:8, 5:14, 5:23 11:2, 12:16 2006-7 4:2 27:12, 38:17, 38:20, air 49:23 arborist 42:11, 42:12 2006-8 10:15 40:13, 40:19, 40:22, allow 10:21, 35:10 architectural 59:22, 2006-84 10:14 42:2, 42:3, 44:7 allowed 34:21 60:5, 61:20 2006. 65:18 accident 50:1 almost 29:11, 29:13, area 7:7, 7:13, 14:4, 21,000 56:20, 56:20 accommodate 7:13 29:13 17:18, 17:19, 17:20, 22,000 29:11, 29:11 account 18:20 alone 58:24 21:3, 23:5, 25:3, 24 42:14 acre 25:11, 56:21, although 26:5 25:17, 29:2, 30:19, 24-hour 48:6 56:22 altogether 61:11 30:20, 31:1, 31:12, 2500 19:4 acres 4:12, 11:2, ambient 52:10 32:19, 32:21, 32:23, 3 31:4 12:17, 13:16, 19:13 ambulance 48:7 32:24, 33:3, 33:4, Depo Court Reporting Service (630) 983-0030 • November 8, 2006 67 33:6, 37:22, 38:1, backdrop 63:6 44:11 < C > 39:16, 39:23, 40:12, Band-aid 52:2 bound 62:8 C.S.R. 1:8, 65:23 40:20, 42:13, 43:4, bar 58:9 box-type 51:21 call 13:16, 14:10, 47:24, 48:8, 50:10, barrier 33:22 brand 12:21 18:11, 30:18, 33:4, 55:8, 57:7, 57:8, base 55:13 Bridge 4:23, 6:7, 40:19, 51:6, 57:22 59:1, 61:4, 63:6, basic 20:4 11:8 called 13:3, 34:19, 63:10 Basically 6:8, 12:15, bridges 18:3 37:17 areas 18:5, 42:16, 52:18 brief 28:23 calling 48:20 43:1, 54:22, 58:22, basin 18:15, 18:19, brighter 51:8 calls 8:8, 47:6, 48:8 62:14 21:6 brightly 51:16 campus 28:22, arguably 50:20 battery 51:3 bring 16:18, 21:7, 31:17, 31:20, 31:23, around 19:24, 21:21, beautiful 56:14 30:19, 35:17, 40:2 37:19, 46:18, 47:2, 22:17, 34:14, 36:3, beauty 59:3 broad 33:2 47:3, 47:8, 49:1, 53:20, 58:19 become 63:3 broken 32:22 49:12, 49:18 arrange 22:17 bed 34:13 brought 12:23, 25:2 campuses 32:16 asleep 57:24 beds 29:6, 29:7, buffer 21:5, 21:12, Cancer 31:5 assemblage 12:24 29:8 23:18, 23:19 candle 51:12 assessment 8:14 behalf 2:12 buffering 8:9, 14:13, Candleberry 17:8, asset 13:10 behind 8:6, 8:9, 23:11, 25:22, 25:24, 41:16, 60:15 assigns 61:21 21:16 55:22 car 7:24 associated 34:13 believe 6:19, 51:11, build 31:18, 34:21, Cardiovascular ASTC 37:9, 37:18 62:3 37:15, 61:6 30:3, 30:8, 31:5, attended 15:14, benefit 21:10, 22:22, building 6:6, 7:12, 34:24 43:17, 46:16, 60:19 46:20, 60:18 14:2, 20:20, 21:20, Care 11:14, 12:7, attending 46:12 berming 26:15 26:20, 31:7, 32:6, 12:11, 15:11, 15:21, attorney 4:22, 11:10 besides 11:16 35:15, 35:18, 35:22, 29:2, 30:8, 32:4, attract 47:2 best 13:11, 16:21, 36:24, 37:3, 37:8, 33:14, 34:1, 44:2, audience 8:18, 20:9, 23:1, 30:7, 49:5, 60:2 46:21, 49:21, 62:1 11:19, 15:15, 27:22, 62:15 buildings 21:22, Carolyn 56:3, 56:6 28:18, 39:5, 57:21, better 18:12, 42:14, 22:3, 22:4, 31:18, Case 35:9, 35:10, 61:16 45:7 34:13, 51:2 40:22, 53:23, 54:16 available 33:14 big 19:9, 29:15 built 17:9, 40:16, cash 25:10 away 20:23 Bill 2:6, 11:20, 41:3, 46:24, 47:23, Center 5:15, 20:21, aye 9:17, 10:9, 64:1 13:13, 15:7, 15:20, 51:2, 53:20, 59:16, 22:5, 22:6, 31:21, Ayes 3:10, 9:18, 27:21, 28:1, 28:4, 60:6, 62:18, 62:20 32:3, 32:4, 32:5, 10:10, 64:2 39:9, 39:12, 51:23, bulk 33:3 32:11, 36:5, 37:12, 61:22, 62:6 Burger 7:17 37:16, 37:17, 63:1 binding 61:21, 62:6 busiest 29:16, 29:16 Centers 30:2 < B > bit 6:23, 8:3, 8:13, Business 4:10, 6:4, certain 26:15, 34:21 B-1 10:20 59:18, 62:21 6:4, 6:17, 6:22, 7:7, Certainly 7:16, B-2 13:19 bleed 51:7 10:22, 35:10, 42:9, 26:16, 34:22, 43:7, B-3 4:9, 8:20, 10:21 blob 19:9 48:7, 65:8 43:19, 45:1 Back 5:16, 7:24, blocked 40:23 businesses 47:4 Certificate 34:19 10:1, 12:17, 13:22, blue 55:9 busy 48:11, 49:1, Certified 29:22, 36:15, 39:1, 47:13, board 25:5, 25:7, 50:13 42:11, 42:12, 65:7 51:9, 52:15, 59:6, 25:14, 29:22, 40:9 buy 55:19 chain 59:12 60:2, 60:9, 60:24, bore 29:23 change 5:19, 13:1, 62:17 bought 12:19, 13:8, 13:23, 16:3 Depo Court Reporting Service (630) 983-0030 November 8, 2006 68 CHARLES 2:7 56:5, 60:13, 61:10, continuation 24:8 Crooked 17:1, Chicagoland 29:2 61:16 continue 14:5, 53:8 21:14, 23:9, 46:6, children 12:12, 30:5 commitments 46:11 contract 11:13, 46:6, 46:14 choice 59:14 common 44:14 61:17 cross-section 52:4 choose 29:3, 58:22 community 5:20, contractural 61:18 CSR 65:24 Chorus 3:10, 9:18, 5:21, 14:5, 33:14, control 34:17, 35:3 curiosity 37:8 10:10, 64:2 36:8, 63:4 controlled 8:4, curious 39:15 chosen 33:8 Comp 7:6, 8:8 38:14, 38:18 Currently 7:3, 24:6, CHRISTINE 1:8, company 42:10 controls 61:20 29:8, 45:5 65:6, 65:23 comparable 61:6 conversations 27:4 curvilinear 58:12 circulation 21:20 comparing 50:18 copies 42:18, 43:8 custom 60:6 City 1:2, 1:10, 2:13, compensating 55:22 copy 47:12 cut 49:7 4:6, 4:8, 6:5, 6:13, complete 38:17 corn 8:1 6:16, 7:3, 7:6, 8:10, complex 22:8, 54:2 corner 11:2, 18:11, 8:15, 10:17, 10:19, complimentary 7:5, 31:3, 47:14 < D > 10:20, 12:6, 12:10, 7:19 Corporation 5:2, D-808906 1:24 13:10, 16:8, 26:14, component 20:13, 10:16, 28:8 dad 13:7 31:11, 36:1, 46:13, 22:21, 53:4 Correct 39:24, 40:3, Dan 4:14, 8:24, 20:7, 51:6, 51:11, 51:21, Concept 10:23, 16:6, 41:1, 41:6, 65:13 33:7, 36:18, 43:14, 54:10, 57:22, 57:23, 16:7, 16:17, 17:21, correctly 6:18 48:22, 50:23, 57:11 62:6 31:23 cost 35:2, 59:19 Daniel 4:17, 4:21, CLARENCE 2:3 conceptual 42:21 Council 6:16, 16:8, 11:7 clarification 28:6, concern 3:20, 43:3 24:3 dark 51:14 39:1 concerns 15:13, count 51:24 dated 46:3 clarify 36:20, 40:8 39:5, 41:10, 43:14, Country 12:20, Davis 2:6, 13:6, Clause 7:21 47:22, 59:8, 59:9, 17:11, 19:3, 26:22, 13:14, 14:8, 28:16, clauses 61:19 60:9, 61:8, 62:11 30:7, 30:10, 30:14, 44:12, 59:14, 61:17, close 9:9, 20:21, concisely 61:14 47:21 62:8 21:1, 54:1, 63:17 condition 19:16 COUNTY4:6, 4:9, day48:6, 48:6, 65:17 collaborative 36:3 conditions 62:4 5:17, 7:1, 10:18, days 51:2 color 14:11 confident 53:12 29:17, 50:4, 65:3 dead-end 43:24 comes 12:8 configuration 57:19 couple 11:23, 35:20, dealing 16:19 coming 27:12, configured 13:18 41:17, 49:16, 54:17, dealt 27:16 27:17, 30:22 connect 24:16, 56:7, 56:7, 60:21 Dear 46:8 commended 59:15 40:20, 42:5 courage 13:7 decks 22:1, 48:19 comments 9:3, 9:6, connecting 56:18 course 13:24, 17:11, dedication 26:4 11:23, 16:5, 23:14, connection 44:3, 22:7, 23:4 delivery 29:18 27:21, 43:15, 63:14 57:20, 58:8, 58:8 court 47:11 densely 23:22 commercial 12:9, connectivity 58:3 courthouse 15:7, depending 35:20 20:6, 20:18, 21:2, conservation 55:13 60:21 depicting 55:9 21:9, 23:5, 23:8, consider 46:10 covenants 59:24, depressed 54:22 23:13, 27:10, 45:11, consists 4:11, 11:1 60:1, 61:19 describe 16:21 50:9, 50:20, 52:20 constructed 26:20 create 23:19 description 36:22 Commission 1:1, construction 42:10 created 22:12, design 24:13, 26:16, 3:17, 4:19, 11:19, contain 7:21 22:22, 23:18 27:17, 35:22, 42:21, 16:1, 16:13, 28:3, contains 65:14 Creek 17:1, 21:14, 51:22 39:11, 41:14, 46:4, contemplated 22:6 23:9, 46:6, 46:6, designated 30:14 46:9, 47:9, 47:18, contiguous 6:21 46:14 designation 37:12 Depo Court Reporting Service (630) 983-0030 • November 8, 2006 69 desire 25:3 63:22 During 41:17, 42:4 entrance 17:12, desires 23:23 dispute 44:8 dust 8:3 21:7, 21:9, 24:11, destination 7:14 distressed 8:13 26:21, 40:22 destroy 42:22, 57:9, District 4:9, 4:10, envision 25:24 63:1 8:15, 10:22, 10:23 < E > equal 59:24 destroyed 56:14 divisive 12:22 earlier 3:16, 49:3 equates 25:12 details 29:24, 61:1 doctor 50:8 early 12:18 ER 29:13, 29:17 detention 47:7, document 42:13 easel 5:7 Estates 17:18, 19:19 55:10, 55:13, 55:16 documentation 6:14 east 18:16, 19:1 evening 16:14, 28:4 deteriorated 54:15 documents 7:20 easterly 13:15 event 44:23 determined 25:20 dog 6:3 echo 51:23 eventually 21:8 develop 41:5, 43:4, doing 19:15, 34:5, edge 23:12 everyone 28:11, 50:21, 61:8 36:3, 44:22, 65:8 Edward 10:15, 42:18 developed 33:21, dollar 60:24 11:14, 11:20, 15:11, everything 45:17, 45:4, 59:17 dollars 35:2 15:20, 28:5, 28:6, 46:23 developer 11:14, dominant 20:24 28:7, 28:9, 30:19, evolve 24:20 14:16, 53:8, 55:18, donate 57:7 31:21, 32:16, 46:11, evolving 25:16 61:23 done 8:16, 15:12, 46:16, 46:17, 47:1, exactly 37:18 developers 54:21 17:22, 17:23, 18:2, 50:8, 50:9, 53:20, Excellence 30:3 developing 32:9, 49:8, 52:14, 53:24, 53:21, 56:8, 61:3, excess 59:24 33:24, 41:7 54:1, 54:5, 55:14 63:3 Excuse 57:13 Development 5:1, door 14:20, 14:23 effect 43:24, 52:6 exhibits 5:9 17:17, 17:19, 19:1, doors 48:6 efforts 33:12, 36:3 existing 14:13, 17:7, 26:24, 27:14, 34:10, doubt 50:18 egg-shaped 37:24 19:3, 19:10, 20:12, 39:17, 42:23, 44:24, down 7:10, 26:6, either 3:17, 12:1, 22:18, 23:2, 47:8 47:3, 50:20, 55:6, 32:22, 34:10, 47:23, 30:18, 59:24 expand 31:14 58:2, 62:5 50:10, 51:11, 51:20, elderly 12:13 expands 31:14 DEVRIES 41:12, 58:23, 62:7 elevation 35:17 expect 18:15, 18:18 41:15, 41:15, 43:8, downs 54:18, 54:23 elevator 6:11, 7:22 express 43:22 43:9, 43:12, 43:18, drainage 18:2, 21:4 emergencies 12:12 expressed 41:19 44:10, 56:3, 56:6, draining 18:9 emergency 24:4, extension 63:8 56:7, 62:12, 62:20 drains 18:10, 18:14, 24:9, 24:15, 24:23, extention 24:1 dictate 34:22, 36:11 18:17 30:4, 40:19, 40:23, dictates 34:20 drawing 5:6, 59:2 41:22, 42:6, 44:7, different 34:1, 59:18, drawings 15:8 58:3 < F > 60:3, 61:11, 62:21 drawn 40:16 employees 29:3 face 13:1 dilemma 36:7 Drive 7:22, 24:19, encouraged 44:10 facility 12:7, 12:8, diligence 17:23 40:21, 46:6, 46:14 end 7:9, 12:17, 14:8, 14:2, 14:7, 14:18, DINA 2:9 driveway 24:16 32:15, 33:19, 33:20, 19:8, 20:5, 21:12, direction 11:24, drop 54:7 52:3, 52:6, 53:8 46:19, 46:21, 55:11 18:11, 18:12, 18:18 dry 55:13 ends 18:8 facing 51:4, 51:18 directionally 51:10, drying 8:1 engineering 55:14, Fact 34:15, 34:16, 51:20 Du 29:17 59:7 37:18, 42:3, 44:9, Directly 52:24 due 17:23 enough 7:17, 35:9 49:9, 51:8, 56:11 discharges 29:12 duly 4:18, 16:12, entertain 3:2, 10:1, factors 55:23 discussed 24:19 28:2, 39:10, 41:13, 63:17 facts 29:10 Discussion 3:6, 47:17, 56:4, 60:12, entities 34:20 fairly 34:3, 53:1, 9:14, 9:22, 10:6, 65:6 entity 5:2 61:14, 61:14 Dep Reporting Court Re ortin Service (630) 983-0030 November 8, 2006 70 familiar 17:6, 42:10 28:3, 39:11, 41:14, 41:10, 47:13 45:13 families 12:12 47:18, 56:5, 60:13 gentlemen 3:14, hard 36:21 Family 31:6 fooling 58:19 57:1 hardwood 19:12, far 6:15, 18:16, foot 22:11, 22:13, geometry 22:11 19:20 53:10, 53:11, 53:24 23:7, 26:2, 32:3, gets 52:8 harken 60:24 Farm 1:9, 7:21, 8:6, 32:6, 55:20, 56:18, getting 49:4, 61:12 harvest 7:23 8:7, 11:12, 19:24 56:20, 58:11 GIPE 2:9 Health 10:15, 11:14, farmed 19:12, 45:5 foregoing 65:11, give 28:23, 35:21 12:7, 12:11, 15:11, favor 3:9, 9:17, 10:9, 65:12 given 20:9, 46:1 15:20, 28:5, 28:7, 64:1 foresight 14:4 gives 37:13 28:7, 28:9, 29:2, feature 23:21 forest 42:15 global 58:18 33:14, 34:1, 62:1 feedback 15:15, forested 61:4, 63:10 gotten 38:6 hear 60:23 26:10 forgot 3:15 grain 6:11 heard 57:14 feeds 5:23 form 21:6 grant 47:9 Hearing 3:2, 3:8, feel 12:4, 33:8 formal 28:21 great 12:5, 12:10, 8:17, 9:8, 9:10, 9:16, feet 15:5, 19:4, former 49:11 15:15, 33:8, 33:13, 10:2, 10:8, 10:23, 35:19 fortunately 13:6 46:20 63:16, 63:18, 63:24, fence 19:23 found 13:5 greatly 47:3 64:8, 65:11, 65:15 few 14:21, 15:3, four 34:12 green 19:9, 44:14, hearings 3:23 27:21, 31:16 four-lane 52:3 57:7 heart 29:9 figure 20:8 Fox 11:12, 18:9, Greenfield 47:20 heavily 56:12 filed 4:5, 10:17 46:21 grid 58:9 height 20:24 fill 12:11 frankly 13:21, 35:4, grinding 5:24 heirs 61:21 final 7:20, 22:24, 52:11, 57:20, 60:1, group 5:9, 13:8, 14:8 held 46:17, 60:20 24:13, 59:7 61:18 growing 31:12, 52:9 helicopters 48:12 finalized 6:15 free-standing 37:16 grows 14:5, 36:11 helipad 48:12 financially 35:11, front 51:9 growth 12:10, 29:11, heliport 49:14 36:10 full 21:10, 27:1, 31:11, 45:10 help 62:5 Fine 27:23, 42:4, 27:7, 27:12, 38:17 guess 24:18 hereunto 65:16 61:4 full-scale 14:6 guidelines 59:22 high 7:15, 47:2 finishing 29:8 functional 52:7 guys 13:8 high-end 14:21 firs 26:20 funding 52:9 higher 52:10, 59:20 first 4:1, 4:18, 16:12, future 34:6, 35:12, highly 47:24, 48:8 26:20, 26:21, 26:23, 41:3, 50:12 < H > highway 51:24 28:2, 32:15, 36:23, hair 12:21 highway-type 47:4 37:3, 39:10, 40:7, half 19:4, 19:5, 25:6, Hills 17:12, 19:3, 41:13, 46:22, 47:17, < G > 31:24, 56:21 26:22, 47:21 56:4, 60:12, 65:6 Game 1:9 hand 3:22, 39:7, hilly 45:6 fitness 22:6, 36:5 Gary 47:16, 47:19 47:13, 65:17 historic 15:6 five 52:8 gas 51:9 handful 49:18 HOLDIMAN 2:3, 10:4 five-acre 14:9 gave 15:9 hands 45:22 home 51:18 fixtures 51:21 general 11:23, 40:20 happen 37:22, homeowners 41:19 flexibility 22:15 Generally 7:9, 18:7, 48:13, 48:14, 50:17 Homes 7:4, 21:13, flights 49:16, 49:18 18:17, 24:22 happened 49:5 39:17, 41:2, 47:8, flying 48:12 generate 12:9 happening 17:20 54:17, 57:4, 59:21, folks 8:18 generated 21:23 happens 49:17, 55:7 60:6, 61:6, 62:16 following 46:9 generous 58:11 happy 36:13, 37:6, honored 12:4 follows 4:19, 16:13, gentleman 39:6, 42:18, 43:5, 44:20, hook 14:20 Depo Court Reporting Service(630) 983-0030 November 8, 2006 71 hope 7:18, 8:12 26:11, 60:4 JUSTIN 2:11 lake 55:13 hopefully 16:17 incorporating 25:14 Lance 41:12, 41:15 horse 6:3 increase 54:8 land 11:12, 11:17, hospitals 30:7, incredibly 12:22 < K> 16:22, 19:19, 20:4, 30:10, 30:13, 32:19, indicated 13:14, keep 60:5 21:17, 22:2, 23:11, 32:19 45:9, 55:4, 56:16 keeping 14:9, 41:20 25:10, 33:9, 33:11, hotel 48:5 indicates 12:16 Kendall 4:6, 4:8, 45:2, 45:5, 57:23, hour 1:9 indications 61:2, 10:18, 50:4 59:19, 63:4 house 19:24, 22:17, 61:5 Kendallwood 17:18, landscape 26:13, 51:9 individually 43:18 19:18 26:14 houses 32:4 input 23:16, 23:17 key 27:16 landscaped 23:22 housing 13:11, 47:7, instead 63:7 kids 48:9 landscaping 26:16 53:9, 59:13 Institute 31:5, 31:6 kind 5:18, 8:13, Lane 17:8, 17:9, huge 51:3 intended 37:4 12:7, 14:10, 31:17, 41:16, 60:15 hundred 13:16, 26:2, intense 20:16 53:13, 55:16, 55:21, lanes 52:4, 52:5, 29:7 intent 34:5 57:23, 62:24 52:7 husband 56:12 interest 13:14, 27:5, King 7:17 Laniosz 6:19 41:19, 62:9 Knowing 20:19, 21:3 large 6:11, 12:23, interested 41:7 known 5:14 18:6, 20:20, 21:5 < I > interests 14:22 knows 61:23 argely 17:14 idea 35:22 intersection 11:3, Kottman 11:20, arger 59:17 identifies 58:17 18:23, 18:24, 19:3, 13:13, 15:7, 28:1, argest 13:11 identifying 19:15 38:14, 38:18 28:4, 28:5, 28:17, LASALLE 65:3 IDOT 26:6, 26:11, investigation 59:5 36:17, 37:10, 39:18, aser 36:24 27:11, 38:6 investment 12:20, 40:4, 41:6, 48:15, ast 32:20 Illinois 1:2, 1:10, 13:6 48:21, 50:1, 50:6, ater 39:1 2:13, 4:7, 4:13, 4:23, invite 11:18 50:12, 50:16, 52:23, aw 4:22, 11:11 4:24, 7:21, 10:15, involved 48:9 53:22, 54:3, 54:5, ead 21:8 10:18, 11:4, 11:9, island 38:15 54:9, 61:19 east 8:7 11:11, 65:1, 65:9 issue 12:22, 24:2, KRAMER 4:3, 4:14, eave 28:17, 58:23 illustrate 25:23 25:1, 40:13, 48:22, 4:17, 4:20, 4:21, eaving 63:5 imagine 18:8, 48:13 48:24, 49:13, 50:24, 11:6, 11:7, 16:8, eisure 30:1 immediate 32:4 56:9, 56:10, 57:22, 27:20, 28:14, 36:20, ess 13:5, 20:16 immediately 6:12, 58:5 39:21, 39:24, 43:16, esser 59:21 6:21, 25:18, 54:19 issues 16:18, 26:8, 45:20, 51:1, 52:18, etter 45:24, 46:3, impact 54:13 26:8, 27:16, 48:16, 53:3, 53:17, 55:2, 46:9, 55:3 important 14:19, 54:11, 56:7 57:12, 57:17, 61:13, letters 15:4 19:6, 27:7 Item 4:1, 10:14 62:18 License 34:23, impressive 43:11 items 3:17 KRAUPNER 2:7, 3:4, 37:15, 65:24 improvement 26:8 itself 21:19, 22:8, 28:13 licensed 4:22, 11:10 in. 3:18, 52:17 45:3 licensing 34:19 Inc. 5:15 life 5:13 inches 42:14 < L> lifted 49:23 included 31:15, < J > L-A-N-I-O-S-Z 6:19 light 48:17, 48:22, 32:14 J. 4:17, 4:21, 11:7 labeled 37:2, 37:22 50:23, 51:9, 51:10 including 30:3, Jim 60:11, 60:14 lack 18:12 lights 48:18, 51:3, 46:24 JOHN 2:11 Ladies 3:14, 43:22 51:18, 53:11 incorporate 23:23, joint 32:9, 32:9 lady 55:24 likely 58:15 Depo Court Reporting Service(630) 983-0030 November 8, 2006 72 likewise 6:22, 45:15 20:14, 22:15, 22:23, 29:21, 32:6, 34:13, MOB 26:18, 37:2 limb 13:7 33:18, 43:19, 45:10, 34:14, 35:14, 35:18, money 44:21, 53:5 line 12:2, 17:8, 48:19, 51:7, 51:12, 36:23, 37:2, 46:18, month 49:17 17:10, 23:12, 25:22, 51:17, 56:16, 56:19, 46:19, 47:2, 47:3, months 6:20 38:5, 38:5, 51:8, 58:20, 59:11, 60:18, 47:8, 54:2 morph 14:6 51:12 60:22, 62:13, 63:1 medical-related 22:4 morphed 6:2 lines 18:22, 22:23, lots 13:11, 14:21, meet 8:9, 23:19, Motion 3:2, 3:6, 26:1, 58:20 22:9, 22:11, 22:12, 23:22 3:13, 9:9, 9:14, 9:21, lining 26:22 22:16, 25:11, 44:11, MEETING 1:1, 1:6, 10:1, 10:6, 10:13, lit 51:17 44:13, 51:4, 55:20, 23:15, 24:3, 26:6, 63:17, 63:22, 64:5 literally 15:10, 57:15, 58:11, 58:11, 41:17, 41:23, 43:17, Motor 50:1 45:16, 51:13 59:16, 59:17 43:23, 46:10, 46:12, mouth 53:6 little 6:23, 7:24, LUCIETTO 2:5, 9:11, 46:17, 55:4, 57:1, move 22:24 13:3, 18:24, 38:15, 10:3, 63:19 60:20, 60:20 Moved 3:3, 3:5, 9:11, 62:21 meeting. 64:10 9:13, 10:3, 10:5, live 39:13, 41:15, members 11:18, 18:24, 63:19, 63:21 47:20, 55:7 < M > 39:4, 57:21, 61:16 moving 23:1 lived 5:13 M-1 10:20 mention 3:15, 26:18, MS 2:4, 2:5, 2:9, 3:3, lives 46:5 M. 1:8, 65:6, 65:23 62:13 9:11, 9:12, 10:3, livestock 5:20 magnet 30:11 mentioned 20:7, 56:6, 63:19, 63:20 living 46:14, 46:17, main 21:9, 32:16, 49:2 multi-story 20:20, 46:20 32:23 mesh 53:12 21:20, 48:20 locate 20:21 major 21:17, 30:22, met 25:5 myself 11:17, 46:4 located 4:12, 20:9, 32:19, 34:23, 35:1 metamorphosis 20:24, 31:24, 37:8, majority 17:16, 5:18 40:11, 45:16 42:22 middle 56:1, 57:5, < N > locating 19:7 management 18:5, 63:8 name 4:21, 5:2, location 12:14, 21:11 Mike 11:17, 14:10, 6:18, 11:7, 28:9, 22:23, 44:19, 46:19, map 18:3, 32:15 15:8, 15:18, 16:11, 39:12, 47:19, 56:6 47:5, 58:19 maps 32:15 27:19, 33:7, 35:13, named 30:6 locations 29:23 masonry 60:3 36:24, 37:20, 40:4, Naperville 28:22, logical 18:4, 21:6 materials 60:3 40:6, 57:12, 57:14, 31:20, 32:17, 48:11, logically 18:15, matter 1:7, 44:9, 57:23, 58:4, 58:8 48:24, 49:6, 49:12, 25:16, 26:23, 40:10 59:14 Milazzo 4:2, 4:3, 4:4, 49:17, 52:14, 54:3, long 52:13, 53:21 mature 19:12, 19:21, 5:1, 7:8 54:11 look 14:4, 20:3, 42:15, 42:20 mile 19:4, 19:5, 32:1 national 12:19 21:7, 25:14, 44:4, maximum 49:16 mill 5:24 natural 33:22, 43:1 51:15 Mcdonald 7:16 Miller 2:8, 6:10 nature 44:7, 58:13 looked 16:23, 21:3, Mckenna 17:15, million 35:1 near 39:16, 46:17 31:11, 33:16, 33:16 21:8, 27:4, 27:9, 48:1 mindful 59:8 necessarily 57:9 looking 21:24, Meadow 17:9 mine 56:21 necessary 49:21 22:10, 26:12, 35:15, Meadowbrook 7:4 minimum 22:10, Need 31:9, 34:19, 35:24, 40:9, 40:14, mean 52:2, 55:8, 26:12, 55:21, 56:17, 42:5, 45:10, 50:4, 40:20, 50:7, 54:12 57:18, 59:7, 59:20 58:14 50:5, 59:4 looks 8:13, 38:14, means 40:21 minus 25:15 needed 14:7, 40:24 38:15 med-surg 29:6, mislead 55:8 needs 14:5, 21:23 lot 14:4, 17:22, 29:18 mission 28:24 neighbor 8:6, 23:15, 17:22, 19:10, 19:17, medical 14:2, 22:4, mix 14:24 24:2, 49:12, 53:11 Depo Court Reporting Service(630) 983-0030 November 8, 2006 73 neighborhood 15:9, office 14:2, 22:4, 26:14, 51:22 20:6, 24:13, 41:7, 35:6, 49:11, 54:19 32:6, 35:14, 35:18, ordinances 6:16, 47:6, 62:4, 63:3 neighborhoods 36:23, 37:3, 37:8 8:10 particular 43:22 54:14 offices 22:5, 32:5 organ 22:17 particularly 45:6 neighbors 14:19, Okay 8:23, 9:1, 20:8, organized 21:18 partner 14:15 23:16, 25:2, 30:16, 27:18, 38:12, 38:23, original 13:21 Partners 60:16, 61:3 43:20, 44:2, 52:22, 39:3, 40:12, 41:9, Oswego 30:18 Partnership 11:13 56:9, 58:6 43:13, 60:8, 62:10, Otis 5:1 parts 46:22 new 12:21, 29:8 63:11 Ottawa 26:6 party 6:5 newer 60:2 old 5:14, 15:6, outline 16:23 passed 28:12 next 6:6, 14:19, 19:24, 19:24, 43:2, outlined 16:24 passes 3:13, 9:21, 14:23, 26:7, 32:13, 51:2, 56:13 Outpatient 29:12, 10:13, 64:5 52:7 Once 8:16, 11:6, 29:23, 31:21, 32:3, patient 29:12 nice 13:9, 14:24, 24:13, 58:16 37:17 patients 30:21, 33:2, 43:1, 44:8, 53:10, oncology 30:4 overall 27:21 33:3 60:6 One 3:14, 12:1, 12:3, overview 28:23 patrons 29:3 night 57:21 16:3, 19:20, 23:14, own 13:5 patterns 18:2 No. 65:24 24:1, 24:6, 24:11, owner 5:3, 6:13, paved 38:19 noise 48:17, 52:9 25:11, 26:18, 29:16, 11:12, 13:5 pavement 38:10, none 3:8, 9:8, 9:16, 30:6, 30:9, 31:20, owners 15:4, 44:11 38:20 10:8, 63:16, 63:24 32:16, 32:17, 33:15, ownership 59:2 paving 42:8, 42:9 north 6:22, 6:23, 34:1, 35:19, 40:14, PC 4:2, 10:14 17:14, 32:23, 33:20 40:17, 42:3, 44:16, people 5:13, 12:23, northwest 18:11, 47:22, 50:5, 51:1, < P> 27:6, 46:2, 49:21, 18:12, 31:3 51:5, 51:24, 54:4, p.m. 1:9 51:15, 59:9, 60:19 not-for-profit 10:16 54:12, 56:7, 58:1, packet 5:10, 28:11, per 26:14 noted 32:18 59:15, 61:13, 61:18, 28:19, 31:15, 32:15 percent 5:3, 13:4, notes 65:13 62:12, 63:13 packs 51:3 29:21, 30:12, 30:13 nothing 12:1, 51:13, one-acre 25:12, pad 22:17 perhaps 38:18 53:21 25:15 Page 29:17, 32:20 perimeter 21:21 Number 7:1, 10:14, One-family 10:22 paper 36:21 permitted 10:21 29:22, 30:2, 30:21, ones 32:23 parameters 20:9 pertain 3:23 31:1, 31:8, 33:24, open 21:5, 23:5, parcel 5:8, 13:19, pet 6:3 35:24, 44:1, 44:3, 23:20, 32:12, 41:24, 14:9, 14:11, 33:9, Petitioner 4:5, 4:15, 44:17, 61:15 45:5, 48:4, 48:9, 34:5, 61:7 9:3, 10:24 numbers 29:15 55:17, 55:21, 59:1 parent 28:8 petitioners 10:16, nursing 30:13 opened 32:2, 32:5 park 25:3, 25:4, 39:6 operation 8:6 25:5, 25:6, 25:7, phonetic 47:20 operations 8:7 25:12, 25:14, 25:15, photograph 16:20 < O > opportunity 12:5, 39:18, 39:21, 39:22, photometric 51:7 oak 56:13 15:10, 24:21 40:8, 40:9, 40:11, phrase 60:24 oath 61:22, 65:7 Opposed 3:11, 9:19, 57:8, 59:1 physical 23:10 OB 29:17 10:11, 42:7, 57:3, Parking 7:13, 21:24, physician 32:5 obligation 25:9 57:5, 64:3 22:1, 39:16, 39:18, physicians 29:3, Obviously 20:11, option 35:19 39:20, 48:19, 48:19, 29:20, 29:22, 30:20, 33:20, 51:24, 53:18, options 35:16, 36:1 51:4, 51:17 30:24, 31:1, 31:2, 61:15 orange 18:22 Parks 36:2 32:10 odd 22:11 ordinance 25:10, part 3:15, 17:14, pictorially 58:21 Depo Court Reporting Service(630) 983-0030 November 8, 2006 74 pictures 31:16, positioning 42:20, productive 45:6 9:6, 11:19, 15:10, 31:19 58:18 project 35:1, 41:8 15:21, 27:22, 36:14, piece 19:21, 26:23, positive 15:16, projected 31:11 37:6, 38:24, 39:5, 38:2, 38:10, 38:10, 63:10 projects 12:3 41:10, 43:14, 60:9, 41:4 possibility 48:3, promise 59:10 62:11, 63:14 place 33:17, 45:12 48:11 pronouncing 6:18 quick 36:12 places 18:4 possible 41:21 proposes 13:20 quickly 28:20, 33:21, plain Jane 5:6 possibly 36:3, 40:2, proposing 26:9, 33:24, 36:9 Plainfield 31:21, 45:2, 48:12 46:18 quiet 41:20 31:23, 32:1, 32:17, potentially 36:4 protect 8:2 quite 7:1, 35:4, 34:8, 37:19 Practice 4:22, 11:11, prove 53:14 48:10 Plan 1:1, 4:19, 5:11, 31:7 provide 14:12, 19:2, 7:6, 8:8, 8:21, 10:24, predominant 13:20 21:8, 24:9, 24:12, 11:19, 15:19, 16:1, prefer 47:3 24:15, 24:22, 26:17, < R > 16:6, 16:7, 16:13, preliminary 22:24, 31:2, 31:13, 35:8, R-2 10:19, 10:22 16:17, 17:22, 21:17, 24:13, 59:6 38:13, 38:20, 40:18, R-4 10:19 22:21, 24:3, 28:3, premier 29:1 40:24 radiology 32:4 31:23, 39:11, 41:14, premium 23:3 provided 23:11 Raintree 48:1 46:4, 46:22, 47:6, present 11:14, 12:4 provider 29:2, 30:23, raise 3:21, 57:22 47:18, 56:5, 60:13, presentation 36:19 35:7, 62:1 raised 59:9 60:17, 61:16 presented 60:17 providing 49:20 raising 58:5 Planned 34:9, 62:4 presenting 12:5 psychiatric 29:7 range 22:14 planner 11:17, 57:23 preserve 43:1, 45:1 public 3:2, 3:23, rapidly 31:12 Planning 15:18, preserving 61:4 8:17, 9:2, 9:9, 10:1, rather 22:2, 47:4, 34:6, 46:9, 61:10 President 11:20, 24:17, 24:19, 45:11, 55:5 plans 26:11, 38:4, 28:5 63:18, 64:8, 65:11, rational 21:16 38:5, 38:9, 46:19 pretty 45:4 65:15 read 29:24, 46:1, plat 5:6, 59:6, 59:7 prevent 46:11 PUD 10:20, 10:23, 46:8 platted 59:17 Previous 46:11 59:3, 59:23 ready 35:12 please 3:21, 46:8, primarily 5:22 pulls 20:22 real 4:11, 11:1, 28:21 56:1, 60:9 primary 32:23, purchased 33:11 realignment 18:21, plop 63:7 32:24, 33:4, 33:5, purchaser 11:13, 18:23, 37:23 plus 25:15 43:3 59:11 realize 54:24 poin 54:16 prime 13:4 purposes 6:18 really 33:18, 34:6, point 49:4, 50:5, private 24:19 put 13:8, 16:16, 35:1, 42:5, 52:2, 51:10, 55:15 privy 61:17 20:14, 44:5, 50:13, 53:5, 63:9 pointed 6:10, 33:7, probably 16:21, 55:20, 56:17, 59:23 reasons 52:1 56:12 22:13, 22:24, 26:19, putting 20:5, 53:5, recall 43:21 pointing 34:4 27:11, 30:17, 32:12, 53:19, 57:4, 62:24 recently 25:2, 30:6, points 19:8, 26:9, 33:23, 35:6, 35:14, 32:2, 54:17 27:1, 27:7, 27:12, 35:18, 39:17, 44:10, recognize 33:17, 57:19 49:3, 49:16, 52:3 < Q > 45:23, 46:2 pollution 48:17 procedure 34:19 qualify 51:14 recommend 8:21, pond 55:13 proceed 13:24 quality 47:2 16:5 population 31:14, PROCEEDINGS 1:6, question 3:20, recommendation 35:5, 36:11 64:7, 65:11, 65:15 37:11, 37:21, 40:7, 8:19, 15:16 portfolio 61:24 process 15:18, 53:15 reconfiguring 52:1 portion 14:14, 64:9 16:16, 19:15, 32:8 questions 8:18, 9:2, record 4:21, 6:20, Depo Court Reporting Service (630) 983-0030 November 8, 2006 75 9:23, 11:6, 36:21, responsibility 11:24 salmon 14:11 12:13, 32:20, 32:23, 46:1 rest 19:22 SANDRA 2:4 32:24, 33:4, 33:5, recording 6:15 restaurant 7:11, 7:14 Sandwich 31:6 34:24, 34:24, 40:24, Recreation 36:2 restrictions 27:11 sat 6:8 49:21 red 7:24, 16:24 retail 7:14, 12:9 save 44:21 Services 14:7, relegated 24:11 retains 59:2 saw 19:18, 46:18, 15:11, 28:8, 30:3, remember 12:20, rezoning 4:8, 10:19, 47:13, 59:12 30:4, 30:4, 30:5, 38:8, 43:18 46:10, 46:15 saying 9:17, 10:9, 30:8, 31:13, 31:14, rent 31:6 Richard 46:5, 47:10, 14:4, 30:19, 39:21, 33:14, 33:17, 33:18, rented 15:6 55:15 44:4, 50:3, 51:24, 34:1, 34:4, 34:14, REPORT 1:6, 6:10, right-in/right-out 64:1 36:8, 36:9, 45:11, 43:11 38:19 says 65:7 58:3 reported 65:10 right-of-way 26:3, scare 53:10 session 15:23 Reporter 47:11, 65:8 26:8 scenario 61:11, set 26:5, 65:16 represent 4:24, River 12:7, 18:9, 62:22 setbacks 55:16 11:12 33:21, 46:21 School 8:15 setting 52:24 represents 23:6 Road 1:9, 17:7, 17:7, Schoppe 11:17, seven 35:1, 48:6 request 25:13, 21:7, 21:9, 23:24, 15:8, 15:18, 16:11, Shalek 60:11, 60:14, 46:10, 46:15, 47:9 24:7, 24:14, 26:8, 16:14, 38:2, 38:4, 60:14 requesting 4:7, 38:5, 38:10, 38:19, 38:9, 38:13, 40:7, shallow 62:23 10:18 40:3, 40:15, 40:21, 57:24 share 42:19 require 26:15 41:22, 47:23, 62:7, screening 23:11 sheen 7:24 required 26:5 62:24 season 7:23 Shorthand 65:8, requirements 8:10 ROLL 47:16, 47:19, secluded 41:20 65:10, 65:13 research 17:23 47:19, 48:16, 49:24, Second 3:4, 9:12, show 31:17, 37:1, Residence 10:22 50:3, 50:7, 50:15, 10:4, 24:23, 40:18, 57:20, 58:21 residences 6:24, 52:17, 53:15, 53:18, 63:20 showed 38:9 7:2, 44:5, 45:10 53:23, 54:4, 54:7, secondary 33:1 shown 37:1, 55:9 resident 46:13 55:1 seconded 3:6, 9:14, shows 32:16, 32:20, residential 8:8, rooted 62:23 10:6, 63:22 42:19 13:21, 14:16, 14:21, Rose 17:9 security 51:3, 51:18 shut 48:5 20:7, 20:11, 20:12, roughly 29:5, 32:13, seems 41:24, 60:18 side 14:3, 17:4, 20:13, 22:9, 22:21, 56:20 seen 54:24 17:12, 18:16, 33:23, 27:10, 41:7, 44:24, Route 4:13, 11:3, sell 13:15, 14:15 38:22 45:8, 47:24, 48:8, 11:3, 12:24, 14:3, selling 61:7 sides 27:14, 52:19 52:19, 52:21, 53:1, 18:23, 20:23, 20:23, sells 62:6 Signed 47:10 53:4, 55:18, 55:19, 21:1, 26:1, 26:13, sense 12:4, 20:14, signify 9:17, 10:9, 58:2, 59:5, 61:24, 27:2, 27:13, 31:4, 26:21 64:1 63:6 31:4, 32:1, 37:2, sensitive 61:3, 62:24 SIKORSKI 39:9, residents 14:13, 37:23, 50:13, 51:19, sent 15:4, 55:3 39:12, 39:13, 39:19, 14:23, 23:9, 46:17, 53:14 sentiment 43:23 39:22, 40:1, 41:1 46:20, 58:23 row 19:23, 60:9 separate 6:12 similar 19:17, 31:23, respect 48:23 rural 5:20 separating 47:7 34:7, 34:10, 48:11, Response 3:7, 3:12, Rush 48:10 separation 21:12, 52:24, 53:2 9:4, 9:7, 9:15, 9:20, 23:8, 23:10 simply 30:23, 55:9, 10:7, 10:12, 39:2, served 42:3 59:1 57:10, 63:15, 63:23, < S > serves 33:21 single-family 14:17, 64:4 sales 20:6, 42:9 Service 4:9, 10:21, 21:13 Depo Court Reporting Service (630) 983-0030 November 8, 2006 76 sir 39:6, 47:14 24:22, 39:15 18:15, 21:6, 21:11 45:14, 58:16 sirens 49:8 special 5:17 straight 12:1 surveyed 19:14 sit 7:10 specialists 31:4 Street 4:24, 6:7, surveyor 44:19, site 5:10, 8:21, 16:6, species 58:17 11:8, 14:11, 24:17, 45:17 25:12, 32:7, 37:4, specifically 26:1 24:19, 31:24, 43:24, surveys 18:2 45:18 spoke 56:24 44:6, 48:2, 52:24, survive 36:10 sites 63:6 spotted 45:17 57:20 sustain 35:8 situated 62:16 spreading 22:2 strictly 42:6 swear 3:22 six 52:7 square 22:10, 22:13, strip 26:13 Swiss 12:18 size 34:12, 34:16, 32:3, 32:6, 35:19, stroke 30:10 switch 57:24 35:18 37:1, 55:20, 56:17, strong 35:9 sworn 3:18, 3:24, sized 7:12, 58:11 56:20, 58:11 stronger 35:10 4:18, 16:12, 28:2, sizes 56:16 ss 65:2 structure 20:20, 39:10, 41:13, 47:17, sketches 25:23 Staff 6:10, 15:7, 35:21, 37:4 56:4, 60:12, 65:7 sky 51:15 16:5, 29:21, 36:1, structures 34:21 system 24:14, 34:11, sleeves 8:2 45:15, 51:6 stubs 17:7, 24:8 40:16, 58:18 slide 58:23 stand 3:21, 19:12, studies 54:6 systems 33:11 small 7:7, 7:10, 19:19 study 51:7, 53:24 13:19, 14:1, 18:14, standard 51:11 style 53:9 35:14 standards 60:5 subdivision 14:14, < T> smaller 22:3, 59:16 standing 61:22 17:2, 17:3, 21:14, tail 12:17 smallest 56:19 standpoint 29:17, 24:5, 24:10, 24:24, talked 23:24, 36:1, Smith 62:7 29:18, 29:18, 35:5 25:4, 25:19, 40:15, 36:2, 40:8, 44:6 society 51:15 stars 51:15 41:20, 42:1, 46:7, tear 54:18, 54:23 soil 45:6, 62:22 start 11:22, 14:1, 56:20, 58:10, 62:16, tells 14:19 sold 5:22, 6:5, 41:4, 17:3, 26:10, 26:10, 63:7, 63:8 temporarily 8:7 54:17 26:23, 33:23, 35:14, subdivisions 62:14 ten 35:6, 42:11 someday 21:22 47:1, 58:19 subject 5:17, 16:4 terms 44:23, 59:13 somehow 24:10 started 5:16 subsidiary 28:7 testified 4:18, 16:12, someone 30:18, State 4:22, 8:13, substantial 42:14 28:2, 39:10, 41:13, 41:5, 41:8, 61:8, 61:9 11:11, 15:6, 32:12, substantially 59:19 47:17, 56:4, 60:12 somewhat 33:21 34:18, 35:2, 35:9, suburban-type 5:21 testify 11:18 somewhere 24:21, 35:9, 37:13, 37:15, successors 61:21 Thanks 45:20 25:17, 39:16, 40:10, 46:15, 52:8, 65:1, suggesting 38:16 themselves 5:24 40:11 65:8 summertime 48:10 they'll 60:4 sort 24:4, 24:15, statements 3:21 supply-type 6:3 they've 52:13, 54:1 24:22 statistics 49:2 support 7:18, 35:11, thinking 26:3, 26:11, sound 53:11 statute 15:6 46:15, 47:6, 60:19 27:6, 40:10 South 4:23, 6:7, stay 38:11, 38:20 supported 21:22 third-party 62:2 6:12, 11:8, 12:7, stayed 19:11, 19:11 supposed 8:2 though 17:21, 22:20, 17:12, 25:22, 32:24, Stick 55:3 Surgery 32:10, 42:21 33:5, 33:19, 33:23, Sticka 46:5 37:11, 37:16, 37:17 thre 23:7 46:20 Sticka. 47:10 surgical 22:5, 30:5 three 15:24, 20:4, space 21:5, 23:5, stop 17:7 surrounded 47:24, 21:17, 45:22, 52:19 31:6, 44:15, 55:21, stopped 17:10 52:21 three-bedroom 57:8, 59:1, 63:4 storage 6:11, 18:18 surrounding 6:9, 54:17 spanking 12:21 stories 35:20 16:22, 54:13 three-quarters 56:22 speaking 4:14, stormwater 18:5, survey 22:21, 42:12, tie 44:18 Depo Court Reporting Service (630) 983-0030 November 8, 2006 77 ties 58:18 47:20, 52:5 Valley 11:12 23:6, 23:12, 32:1 timber 19:19, 19:20, turned 13:9 valuable 8:14 whatever 42:6 62:22 turns 55:12 value 44:13, 45:2 whatsoever 41:23 tip 13:17 tw 23:7, 53:13 values 53:24 WHEREOF 65:16 title 5:3, 37:9 two 3:17, 4:12, variance 8:12 WHEREUPON 4:16, together 13:8, 16:17, 10:14, 16:2, 17:6, various 22:9, 35:15 16:10, 27:24, 39:8, 16:19 21:21, 24:7, 27:12, vegetation 19:21, 41:11, 47:15, 56:2, tolerable 13:5 30:12, 30:13, 32:15, 19:22, 19:23, 19:24, 60:10 Tom 2:2, 46:8 32:16, 43:21, 45:21, 20:2, 23:2 Whether 24:18, tonight 5:10, 8:16, 52:4, 57:19 vehicle 50:1 25:18, 34:20, 34:22, 11:15, 11:21, 15:9, two-acre 5:8 vehicles 40:23 50:13, 55:12 16:1, 44:18, 49:10, two-thirds 18:10 vehicular 40:22 whoever 42:19, 62:7 61:22 type 17:23, 19:17, Venture 32:9, 32:9, width 22:16 took 7:22 19:20, 20:2, 34:10, 60:16, 61:3 Wildwood 13:12, top 14:12, 30:7, 30:9 55:5, 55:10, 58:17, Ventures 10:15, 14:13, 17:3, 17:6, top-ranked 47:1 59:14 28:5, 28:7, 28:9 24:5, 24:24, 25:4, topographic 18:1 types 31:17, 34:4, vertical 22:1 25:18, 53:9, 60:7, total 35:3 54:22, 60:3 village 60:18 62:13 totally 6:14, 34:17, typical 19:23 visits 29:13, 29:13 Will 3:22, 3:23, 8:9, 52:20 Typically 54:21 VITOSH 1:8, 65:6, 12:8, 12:10, 16:18, toward 32:15 65:23 16:18, 21:21, 21:22, towards 51:4, 51:18 vocal 55:4 21:24, 23:1, 24:10, town 5:13, 12:22, < U > void 12:11 27:6, 27:12, 31:14, 13:11, 33:19, 45:10 ultimately 6:4, volume 7:15, 7:17 32:12, 38:20, 41:2, traffic 50:17, 50:21, 34:11, 60:17, 61:12 volunteer 20:1 41:4, 41:8, 44:14, 52:10 understand 6:14, voted 6:16 44:15, 45:22, 46:2, trail 36:4 27:5, 54:9 vouched 49:13 46:10, 46:19, 48:22, transcript 65:13 undeveloped 17:15 VP 42:9 51:6, 52:11, 54:7, transition 20:13 Unit 34:9, 62:4 54:8, 58:15, 59:1, Travis 2:8, 26:5 United 1:2, 2:12, 4:6, 59:24, 62:5 Treatment 30:10, 4:7, 10:17, 10:19, <w> willing 14:20, 23:19, 32:11, 37:12 10:20 walking 36:4 23:22, 53:4, 53:13 tree 22:20, 45:14, unknowns 60:23 wanted 15:11, 20:3, windows 48:9 58:16 until 44:17 20:21, 35:21, 56:16 wise 15:3 trees 19:13, 19:14, upper 53:8 wants 28:18, 36:8 wish 46:14 19:16, 20:17, 22:18, upscale 47:7 Washington 50:10, within 15:5 22:23, 25:19, 42:13, urge 47:8 52:19, 53:1 without 50:18, 58:8 42:20, 43:2, 44:9, urgent 46:21 watch 52:4 WITNESS 65:16 44:14, 44:15, 45:1, user 7:9 water 23:21, 55:10 Witnesses 3:24 56:13, 62:23, 63:2 uses 6:9, 7:19, watershed 18:14, woman 49:10 trick 55:15 10:21, 16:22, 20:4, 18:17 women 30:4 True 50:15, 65:12 21:18 watt 51:12 wood 19:10, 19:17 try 8:17, 14:20, using 14:3, 20:13 week 25:6, 26:7, wooded 25:17, 14:24, 37:14 utilize 63:5 30:17, 48:6 44:11, 56:12, 62:14, trying 26:5, 42:24, weeks 15:3, 41:18, 63:6 43:3, 55:15, 63:3, 60:21 woodland 42:13, 63:5, 63:7 <V> west 11:2, 17:2, 42:15, 42:15, 42:22, Turn 15:17, 45:15, vacant 6:8 17:3, 18:13, 20:12, 43:1 Depo Court Reporting Service(630) 983-0030 November 8, 2006 78 Woods 46:6, 56:11, november 8, 2006 57:6, 58:24, 62:17, 1:8, 1:8, 1:8 62:19, 62:21, 63:1 Woodstone 17:17 work 15:23, 17:22, 17:23, 22:17, 23:1, 27:7, 27:8, 27:14, 63:4 worked 13:15 working 20:17, 54:10 WYETH 2:11 < Y> year 29:12, 29:14, 32:13, 52:7 years 5:19, 6:1, 7:1, 19:11, 31:8, 35:7, 42:11, 43:2, 46:23, 49:3, 52:8 yellow 18:21 Yorkville 1:2, 1:10, 2:13, 4:6, 4:8, 4:13, 4:19, 4:24, 6:6, 10:18, 10:19, 10:20, 11:4, 11:8, 12:6, 13:1, 16:13, 28:3, 30:15, 30:18, 31:10, 33:4, 33:12, 33:16, 39:11, 41:14, 42:24, 46:14, 47:18, 56:5, 60:13 Young 13:6, 43:21, 55:24 < Z> zone 6:17, 8:20 zoned 13:19, 55:19 zoning 4:10, 10:21, 13:20, 16:3, 47:9, 54:11 < Dates > november 7, 2006 46:3, 46:3, 46:4 Depo Court Reporting Service (630) 983-0030 ' i ' is,G P.O. BOX 488 - Minooka, IL 60447-815/475-4665 •Fax 815/475-4669 November 1,2006 To Whom It May Concern: The woodland area North of Wildwood Phase 2 and East of Wildwood Phase 1 consists of a mixture of very mature hardwoods,including White and Burr Oak,Sugar Maple, White and Green Ash,Walnut and Cherry. The attached list and aerial map include the largest of these trees,which are over twenty-four(24)inch caliper,and their approximate locations. The total number of recordable trees,over four(4)inch caliper,is almost too numerous to document. I would estimate the age of the largest Oak trees to be approximately 150 years old. Due to the heavy timber soils,these trees have very shallow root systems and are extremely sensitive to any type of disturbance. Residential development of the area will destroy the majority of this woodland. Sincerely, Kevin Devries Certified Arborist #IL-0936A 76 Crooked Creek Drive Yorkville, IL 60560 November 7, 2006 Mr. Tom Lindblom Chairman, Yorkville Planning Commission Yorkville, IL Dear Tom, Please read the following letter at the Planning Commission meeting that will consider the rezoning request by Edward Hospital. Previous commitments prevent my attending the meeting. I am a resident of the City of Yorkville living on Crooked Creek Drive. I wish to state my support for the rezoning request being made by Edward Hospital. I attended the meeting Edward held for residents living near the medical campus they are proposing and saw their plans. A medical facility at this location will be a great benefit to all residents living south of the Fox River. An urgent care facility would be there first with other parts of the plan taking many years before everything up to and including a hospital would be built. But this is a good start. Edward is a top ranked hospital. A medical campus would attract other high quality development. l greatly prefer a medical campus rather than most of the highway type businesses that could appear at that location. I also support the part of the plan that calls for detention and upscale housing separating the medical campus from existing homes. I urge the Commission to grant the zoning request. Thank you. oTtmvt i4A/i/fiiiiv Richard Sticka r4 � 1Inc P.O. BOX 488 •Minooka, !L 60447.815/475-4665 •Fax 815/475-4669 Wildwood Tree Survey 2006 Provided by Kevin Devries Certified Arborist#IL-0936A Survey completed 11/1/2006 y 4 : 17_ u • e II 1 White Oak 40 2 White Oak 25 3 Sugar Maple 26 4 Burr Oak 35 5 Burr Oak 27 6 Burr Oak 24 7 Burr Oak 29 8 Sugar Maple 26 9 Burr Oak 40 10 White Oak 24 11 Sugar Maple 24 12 Sugar Maple 24 13 Sugar Maple 29 14 Green Ash 22 15 Green Ash 26 16 Sugar Maple 24 17 Sugar Maple 25 18 Sugar Maple 24 19 Sugar Maple 24 20 Sugar Maple 26 21 Sugar Maple 24 22 Sugar Maple 26 23 Sugar Maple 26 24 Sugar Maple 24 25 Sugar Maple 26 26 Burr Oak 37 27 Burr Oak 42 28 Sugar Maple 26 29 Burr Oak 38 30 White Oak 35 31 Sugar Maple 29 32 Sugar Maple 35 33 Sugar Maple 29 n 1 • r' w i ""le 'k n amu ` " .w t4 Cyt • +° -ill % r''' „ ,. u• Q' ,r 'RMtil i �r • M1ra'' , a w '.4,„ s�' rSN,' 'x' A• �t „dI' ''',4,E' �h r .t 4;•,,,c,„ ^-'6Y S.�f" '�A. 34w 1e'• g }' i •1�'1 +' +� �CTw' .,.. );4 J, -,)," -74. ,,,* ,,,N 4,141 ..._ 1,4r; ,,... • ., ,,,... • .4 ,,a: , 4 , .�. 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' P,iA*, . t -, *;.I `" g • l • ty� . , ,ti k,w ' •. ,. .milw �. e : ' . y r „,.1.:0,. t 4z§ 'r. . , d, x M , g e � ^, . f ^ w4, d '� . s }�L� n^ +'r „ re ,yA • 4. t. / Yy ' ,,,. ,».,. $4' a .• „N _ 1 438 it ' a ^� '1C.;11- `©2006 Europa,Technologies '' y R „ ,; Burr Oak • White Oak • Sugar Maple • Green Ash I ,�c*.p cir o United City of Yorkville . •e County Seat of Kendall County /HA 800 Game Farm Road --":1.._z__.: MS Yorkville, Illinois, 60560 u- Telephone: 630-553-4350 �dA 4i p Fax: 630-553-7575 ��2 Website: www.yorkville.il.us 'tE �v PC# APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: Brighton Oaks II Date of Submission: Requesting: ff Annexation /1 Zoning Q Planned Unit Development a Special Use: 1. Name of Petitioner(s): ;Fox Valley View, inc. Address: 23808 W. Andrew Road, Plainfield, IL 60544 Phone Number: 815-439-5760 Fax Number: 815-439-5975 Relationship of Petitioner(s)to subject property: It Owner j Developer n Contract Purchaser 2. Name of holder of legal title,if different from#1: - . -- Standard Bank Trust #17930 If legal title is held in a Land Trust,list the names of all holders of any beneficial interest therein: ;Fox Valley View, Inc. 3. a). (I). Street address and physical location of subject property: South of Route 71, and adjacent to and North of Highpoint Rd. Kendall County, Kendall Township? Illinois (ii). Zoning of surrounding parcels: North: Kendall County A-1 South: Kendall County R-2 East: Kendall County A-1 West: Kendall County A-1 b). Legal description of property;attach as Exhibit"A". c). Total Acreage: 37.55 Page 1 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Appication Revised:2/25/04 3. (con't): d). Kendall County Parcel Number(s)of property for which PUD is sought: 05-18-300-019; 05-18-176-001 e). Current Zoning Classification: Kendall County A-1 Agricultural f). Zoning Classification Requested: R-2 Low Dendsitv Residential g). Is this property within City limits? Yes X No,requesting annexation 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: Bristol - Kendall.Fire Protection District; Kendall Township; Yorkville Public Library; Kendall County Election Authorities; Yorkvil1e Prnst Office 6. List the Illinois Business Tax Number(1BT#)for the State of Illinois and names of businesses located on subject property to be annexed: N/A 7. Does a flood plain exist on the subject property? Yes 8. Do Electors reside on the subject property? No If so,they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name,address,phone number and fax number of person to whom inquiries regarding this petition may be directed: Attorney John•F. Philipchuck - See below Attorney: Name: JohntF. Philipchuck- Dommermuth, Brestal, Cobine & West Ltd. Address: 123 Water Street, Naperville, IL 60540 Phone Number: 630-355-5800 Fax Number: 630-355-5976 Engineer: Name: SEC Planning Consultants Address: 759 John Street, Naperville, IL 60560 Phone Number: 630-553-1700 Fax Number: 630-553-7646 Land Planner: Name: SEC Planning Consultants Address: 759 John Street, Naperville, IL 60560 Phone Number: 630-553-1700 Fax Number: 630-553-7646 10.Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee(Please refer to page 4 of this application to"Petitioner Route, Step 1,Fees"and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10"x 13"envelope Page 2 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised:2/25/04 In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge Its contents are true and correct and swear that the property to be annexed Is contiguous to the United City of Yorkville. Date: Petitioner(s)'.•: Vii. _sal property owners siggaturs must appear on this application.) od- Subscribed and sworn to before me this j I day of 0 iJ Q' ,200 kk . OFFICIAL SEALr)Allft+ Notary Seal BROOKE L BRIGHT NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPI-E y i9 I ; r ATI N MUST BE NOTARIZED. Page 3 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised:2125104 ANNEXATION,PLANNED UNiT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees*and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation,Illinois Department of Natural Resources,U.S.Army Corps of Engineers,etc.,to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning-$250 plus$10 per acre for each acre over 5 acres b. Rezoning only-$200 plus$10 per acre for each acre over 5 acres c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees-1.25%of the approved engineer's estimate of cost of all land improvements,to be determined by City Engineer. e. Planned Unit Development fee-$500 f. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10=$2,500 over 10 acres,but not over 40=$5,000 over 40 acres,but not over 100=$10,000 over 100 acres=$20,000 g. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs(i.e.legal review,land planner, zoning coordinator,environmental,etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as Indicated. Step 2: Plan Council: The Planning Council meets the 2nd and 4th Thursday of the month at 9:30 a.m.in the City Administration Office. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator,City Land Planner,Sanitary District Director,City Engineer,Building Department Official, Emergency Medical Rep,Public Works Director, Executive Director of Parks and Recreation,Fire Department Rep,and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront Building,301 E.Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m.in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor,the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names,addresses and permanent parcel numbers of all parties that were notified. Page 4 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised:2/25/04 Step 5: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m.In the City Hall Conference Room. All projects(regardless of a positive or negative EDC recommendation)proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three(plus one alternate)City Council members. Step 6: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m.in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formai voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m.in the Council Chambers at City Hall. This is where all City Council voting takes place. A Public Hearing will be held at this time for the,Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners Is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements,fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records)to the Deputy C el�'' .f Yorkville,800 Game/Farm Road, Yorkville, Illinois 60560. Date: //".-1/--- Y.; . /l � Y.; fi"ioner Page 5 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised:2/25/04 EXHIBIT "A" BRIG-ITON OAKS Il LEGAL DESCRIPTION THAT PART OF SECTION 18, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A STONE IN THE CENTER OF LISBON ROAD SAID TO BE THE SOUTHWEST CORNER OF SAID SECTION 18; THENCE NORTH 39'42'39" EAST, 1699. 10 FEET TO THE INTERSECTION OF THE CENTERLINE OF HIGHPOINT ROAD AND THE LINE OF A FENCE EXTENDED FROM THE NORTH; THENCE SOUTH 5922'11" EAST" ALONG SAID ROAD CENTERLINE, 304.88 FEET TO THE SOUTHERLY EXTENSION OF THE EAST LINE OF A TRACT CONVEYED TO WA YNE L. BORNEMAN AND RUBY F. BORNEMAN BY WARRANTY DEED RECORDED MAY 16, 1983 AS DOCUMENT NO. 83-1988; THENCE NORTH 09'50'46" EAST, ALONG SAID EAST LINE AND ITS EXTENSION, 1531.82 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 18 AND THE NORTHEAST CORNER OF SAID BORNEMAN TRACT FOR THE POINT OF BEGINNING; THENCE SOUTH 09'50'46" WEST, ALONG SAID EAST LINE, 310.0 FEET TO THE CENTERLINE OF A CREEK; THENCE NORTH 89'17'49" EAST, ALONG SAID CREEK CENTERLINE, 898.98 FEET; THENCE SOUTH 7133'59" EAST" ALONG SAID CREEK CENTERLINE, 106.90 FEET; THENCE SOUTH 64'02'05" EAST, ALONG SAID CREEK CENTERLINE, 479.97 FEET; THENCE SOUTH 46'58'36" EAST, ALONG SAID CREEK CENTERLINE, 36.82 FEET; THENCE SOUTH 41°10'10" EAST, ALONG SAID CREEK CENTERLINE, 816.47 FEET TO THE CENTERLINE OF HIGHPOINT ROAD; THENCE NORTHEASTERLY, ALONG SAID ROAD CENTERLINE BEING A CURVE TO THE LEFT WITH A CHORD BEARING OF NORTH 4325'19" EAST AND A RADIUS OF 580.02 FEET, AN ARC LENGTH OF 277.48 FEET; THENCE NORTH 29'43'00" EAST, ALONG SAID ROAD CENTERLINE, 801.65 FEET TO A SOUTHERLY LINE OF A TRACT (AS OCCUPIED AND MONUMENTED) DESCRIBED IN A QUIT CLAIM DEED TO DONALD L. LINDHOLM RECORDED AS DOCUMENT NO. 80-363 ON JANUARY 30, 1980; THENCE NORTH 89'49"40" WEST, ALONG SAID SOUTHERLY LINE OF SAID LINDHOLM TRACT (AS OCCUPIED AND MONUMENTED), 885.96 FEET TO THE SOUTHWESTERLY CORNER THEREOF; THENCE NORTH 00°19'14" EAST ALONG THE WESTERLY LINE OF SAID LINDHOLM TRACT (AS OCCUPIED AND MONUMENTED) 860.93 FEET TO A SOUTHERLY LINE OF A TRACT (AS OCCUPIED AND MONUMENTED) DESCRIBED IN A WARRANTY DEED TO HARRY ANDERSON AND RECORDED AS DOCUMENT NO. 910426 ON JANUARY 22, 1991; THENCE NORTH 55°55'38" WEST, ALONG SAID SOUTHERLY LINE OF SAID ANDERSON TRACT (AS OCCUPIED AND MONUMENTED, 477.22 FEET TO THE WESTERLY LINE OF LOT 19, AS DEPICTED IN PLAT BOOK 3 AT PAGE 75; THENCE SOUTH 27'19'33" WEST, ALONG SAID WESTERLY LINE, 946.63 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 18; THENCE NORTH 89'41'54" WEST, ALONG SAID NORTH LINE, 823.54 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 37.543 ACRES, MORE OR LESS. United City of Yorkville County Seat of Kendall County 800 Game Farm Road Yorkville, IL 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us PC# APPLICATION & PETITION Please Check One: x Preliminary Plan Final Plat Development Name: Brighton Oaks II Date of Submission: I. Name of Petitioner(s): Fox Valley View, Inc. Address: 23808 W. Andrew Road, Plainfield, IL 60544 Phone Number: 815-439-5760 Fax Number: 815-439-5975 2. a). Street address and physical location of subject property: South of Route 71, and adjacent to and North of Highpoint Road, Kendall County, Kendall Township, IL b). Legal description of property;attach as Exhibit"A". c). Total Acreage: 37.55 3. Contact Information: Name, address,phone number and fax number of person to whom inquiries regarding this petition may be directed: Attorney - John F. Philipchuc - See Below • Attorney: Name: John.F. Philipchuck Address: 123 Water Street, Naperville, IL 60566 Phone Number: 630-355-5800 Fax Number: 630-355-5976 Engineer: Name: Ri•.c: P1 anning non/qui tante Address: 759 John Street, Yorkville, IL 60560 Phone Number: 630-553-1700 Fax Number: 630-553-7646 Land Planner: Name: SEC Planning'Consultants Page 1 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 Address: 759 John Street, Yorkville, IL 60560 Phone Number: 630-553-1700 Fax Number: 630-553-7646 4. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee(Please refer to Page 3 of this application"Petitioner Route, Step 1,Fees"and/or contact the Deputy Clerk for verification of this amount). c. To begin the review process, the initial submittal must consist of: 1. 12 sets of Preliminary Plans/Final plats folded to fit in a 10"x 13"envelope 2. 7 sets of Landscape Plans folded to fit in a 10"x 13"envelope 3. 7 sets of Preliminary/Final Engineering folded to fit in a 10"x 13"envelope Within one week of receipt of submittal,the Engineering Department will determine if it is complete or if additional information is needed. Once the submittal is complete, the Plan Council Meeting date will be scheduled for the next meeting that is 6 weeks from this date. One week prior to your scheduled Plan Council meeting,you will be required to submit 15 full size preliminary/fmal site plans for the packets distributed to the members. In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct. Date: .�'/�-3rD 4 Petitioner(s)Signature: (All legal property owners signatures or their authorized agents(i.e.Planner, Pet ioner's Attorney,Engineer)must appear on this application.) "v. � X;;;;/7/444 Subscribed and sworn to before me this I day of 0 Cl U IU QA-, ,200(0 SEAL BROOKE LLBRIGHT �'\Oi Of) I r ,l 114-` ILLINOIS Notary S:'1 NMY COMMISSION EXPIR SRY PUBLIC-STATE OF12/18/09 THIS AP' A - IN MUST BE NOTARIZED. Page 2 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 PRELIMINARY PLAN/FINAL PLAT PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees*and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation,Illinois Department of Natural Resources,U.S.Army Corps of Engineers, etc.,to allow timely review by City. *Fees: 1. Preliminary Plan Fee-$500/Final Plat Fee $500 a. Engineering Review Fees- 1.25%of the approved engineer's estimate of cost of all land improvements,to be determined by City Engineer. b. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10=$2,00 over 10 acres,but not over 40=$5,000 over 40 acres,but not over 100=$10,000 over 100 acres=$20,000 c. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs(i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Planning Council meets the 2nd and 411'Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator,City Land Planner,Sanitary District Director,City Engineer, Building Department Official,Emergency Medical Rep,Public Works Director,Executive Director of Parks and Recreation,Fire Department Rep, and Police Chief. Step 3: For Preliminary Plans only;Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in the development. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p.m.at the Riverfront Building,301 E. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m.in the Council Chambers at City Hall. The Plan Commission will make a Page 3 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor,the City Attorney and City Land Planner. Step 5: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m.in the City Hall Conference Room. All projects (regardless of a positive or negative EDC recommendation)proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three(plus one alternate) City Council members. Step 6: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m.in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. If this project has included an annexation and/or zoning petition,a Public Hearing will be held at this time with notice given by publication. Any annexation agreement,PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Prior to the recording of the final plat,the petitioner must pay the Administration Fee. This is equal to 1.75%of the approved engineer's estimate of construction costs of land improvements,including but not limited to all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by the homeowner's associations such as private storm sewer,parking areas, and trails. Step 8: Final Plat recording instructions: Once the final plat is approved by the City Council and all required documents,bonds,and letters of credit are submitted to the City,the fmal plat may be recorded with Kendall County. Submit the final plat mylar to the Deputy Clerk for signatures. When all City signatures are in place,the developer or his surveyor may take the mylar to the Kendall County Clerk for his signature. The next step is to have six paper prints made and return to the Kendall County Recorder's office for recording. Kendall County requires the mylar and four paper copies. The City of Yorkville requires that you submit two recorded paper copies to the Deputy Clerk. Any copies you may require would be in addition to these. Agreement: I understand and accept all requirements,fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return(retaining a copy for your records) to the Deputy Clerk,United City of Yorkville, 800 Game Farm Road,Yorkville,Illinois 60560. Page 4 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 Date Signature of Petitioner CHECK LIST FOR PRELIMINARY PLANS ,SECTION 1: WRITTEN DOCUMENTS 1. A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan B. A time schedule of the proposed development of the area covered by such preliminary plan C. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the plan,including the specific section of the Ordinance. 2. A boundary survey of the area covered by such preliminary plan, prepared and certified by a registered Illinois surveyor. SECTION 2: GENERAL PLAN INFORMATION 1. A rendered outline of the area covered by such preliminary plan drawn at a scale of not less than 1 inch equals 100 feet. 2. The plan must contain the following information: A. Scale B. North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer F. Current zoning of the property G.•All categories of proposed land use 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. The following site data provided in the lower right corner: A. Size of property in square feet or acres B. Square footage and percent of site coverage with buildings C. Square footage and percent of site coverage with pavement D. Number of parking spaces to be provided E. Number of parking spaces required by zoning ordinance F. Number of proposed buildings/dwelling units/lots SECTIONS: PLAN DATA REQUIREMENTS 1. A site location map. 2. Dimensions of the property. 3. A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not less than one inch equals one hundred feet. 4. A detailed plan for the treatment of any proposed stormwater detention or retention facilities. 5. Existing or proposed public roads,streets,and alleys,including classifications,width of right-of-way and paved surfaces,and existing and proposed sidewalks. 6. Dimensioned building setbacks,and as applicable;areas for off-street parking,trucking maneuvering and service,and open space/recreational facilities. Page 5 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 7. A schematic of existing or proposed public utility systems,including the size of sanitary sewers,storm water lines,&streetlights. 8. Existing vegetation and plantings. 9. Any other information required by the City,to clearly show the proposed site plan elements. CHECK LIST FOR FINAL PLANS SECTION 1: WRITTEN DOCUMENTS 1. A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan. D. A development schedule,indicating the approximate dates for construction of the Final Plan. E. Petitioners proposed covenants,restrictions,and conditions to be established as part of the Final Plan. F. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the Final Plan, including the specifics of the Ordinance. SECTION 2: GENERAL PLAN INFORMATION 1. Must be drawn to accurate engineering scale. 2. Must contain the following information: A. Scale B. North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. Site data to be provided in lower right hand corner: A. Legal Description B. Size of property in square feet and acres C. Current Zoning D. Square footage&percent of site coverage with buildings E. Square footage&percent of site coverage with pavement F. Square footage&percent of site coverage with landscaping G. Number of parking spaces required by zoning ordinance H. Number of parking spaces to be provided I. Number of buildings J. Number of dwelling units K. Breakdown of dwelling unit bedroom types Page 6 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 5. Landscape data to be provided in lower left hand corner: A. Number of plantings by type B. Size of plantings at installation C. On-center spacing for hedges(Should be 3 feet apart) D. Caliper size of all trees at installation CHECK LIST FOR FINAL PLANS,CONTINUED SECTION 3: PLAN DATA REQUIREMENTS 1. Dimensions of property. 2. Existing and proposed public and private streets,right-of-ways,driveways,all principal and accessory buildings and their uses,dimensioned building setbacks,lot sizes,sidewalks,off-street parking,service areas,open spaces,and recreation facilities. 3. Preliminary architectural plans for all residential buildings,in sufficient detail to show basic building plan. 4. The existing and proposed vehicular and pedestrian circulation systems,indicating their inter-relationship and proposed treatments of points of conflict. 5. Existing and proposed utility systems,including sanitary sewers,water,electric,gas,telephone,and cable television lines,including their sizes. 6. Proposed public and private lighting systems. 7. Existing and proposed easements for utility services. 8. Proposed signage,indicating location and size. 9. Existing vegetation and plantings. 10. Proposed berming and fencing. 11. The location and size in acres or square feet of all areas to be conveyed,dedicated,or reserved as common open space,public parks,recreational areas,school sites,and similar semi-public uses. 12. Any other information necessary to clearly show the proposed site plan elements. Page 7 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1127/06 (45:o caro United City of Yorkville Memo 4 a '" 800 Game Farm Road EST ` 1836 Yorkville, Illinois 60560 ,� Telephone: 630-553-8545 �� - 0 Fax: 630-553-3436 NKonlegiC...Y sl. 1.E Vv‘i Date: January 3, 2007 To: Plan Commission From: Travis Miller,Community Development Director Cc: Susan Bach(for distribution) Subject: Brighton Oaks II Annexation,R-2 Zoning and Preliminary Plan Request General Comments The Comprehensive Plan Land Use Plan recommendation is Estate Neighborhood(gross density up to 1.75 units per acre)with Park/Open Space along the Middle Aux Sable Creek along the southern boundary of this property. The proposed density is 1.41 units per acre and complies with the Comprehensive Plan recommendation. Annexation and Zoning The R-2 zoning request is consistent with the land use recommendation of the Comprehensive Plan. Preliminary Plan Refer to the following staff reports: - November 13, 2006 Preliminary Landscape Review prepared by Laura Haake - December 11, 2006 Wetland Delineation Review prepared by CDF - December 20,2006 Preliminary Plan Review prepared by EEI - December 20,2006 Zoning Review prepared by Rebecca Houseman - December 21, 2006 Trail Engineering Review prepared by Laura Haake Staff recommends approval subject to addressing all staff comments/recommendations included in the reports above. e—c-"N\H)./.O United City of Yorkville Memo 800 Game Farm Road ES 1"111836 Yorkville, Illinois 60560 --- Telephone: 630-553-8545 6� El 4-� 0 Fax: 630-553-3436 174E0."" Date: November 13, 2006 To: Bart Olson From: Laura Haake CC: Joe Wywrot, Travis Miller,Anna Kurtzman,Dave Mogle Subject: Brighton Oaks H Preliminary Landscape Review I have reviewed the Brighton Oaks II Preliminary Landscape Plan dated October 31, 2006 and have prepared the following comments: General Comments: 1) Provide correct adjacent property zoning. 2) Provide a tree survey for existing trees. 3) Residential lots adjacent to another residential subdivision require. 4) Provide parkway plantings along East Highpoint Road. Trail connections/easements: 5) The trail along the dry retention area shall connect to East Highpoint Road. As it is shown on the plans, it ends 30' short of the intersection. 6) East Highpoint Road shall have a 10' trail in lieu of sidewalk. 7) Trail connection shall be made to Yorkwood Estates Subdivision. Landscape plans for this subdivision have been prepared by Gary R. Weber Associates,Inc., and engineering plans by Jacob and Hefner Associates. The trail shall be aligned between developments. 8) The trail in lieu of sidewalk along the main subdivision road should have a 5' flat area between the trail and the beginning of the slope to the detention basin. This flat area shall be included as part of the R.O.W.,which may require moving the 66' width 5' off of the centerline. 9) A 20' landscape easement, constructed per Park Development Standards,shall be provided from the end of the trail in the R.O.W.to the connection at the Yorkwood Estates subdivision. 52 Wheeler Road•Sugar Grove,IL 60554 TEL 630/466-9350 FAX: 630/466-9380 www.eeiweb.com Engineering Enterprises, Inc. December 6, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Brighton Oaks II Preliminary Plan Review United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the Preliminary Plan for the referenced Brighton Oaks II Subdivision consisting of the following items which supplement the previous submittal: • Preliminary Engineering Plan for Brighton Oaks 11 Subdivision prepared by Smith Engineering Consultants, Inc. consisting of one (1)sheet. The September 10, 2006 revision date shown is incorrect and should be November 29, 2006 per a December 1, 2006 phone conversation with Eric Granrud of Smith Engineering Consultants. • Preliminary Plat of Subdivision prepared by Smith Engineering Consultants, Inc. consisting of two (2) sheets with revision date of November 28, 2006. • Plat of Annexation prepared by Smith Engineering Consultants, Inc. consisting of one (1) sheet revised November 29, 2006. • IDNR Consultation Agency Action Report—IDNR Project No: 0601878 Stating "Consultation Terminated" G:1PubIic\Yorkville120061YO0609 Brighton Oaks illdocsllwywrotO3preliminary.doc Consulting Engineers Specializing In Civil Engineering and Land Surveying • Illinois Historic Preservation Agency Letter dated December 2, 2005— IHPA Log No. 002102405 Stating Exempt„ Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties 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. Our recommendations and comments are as follows: 1. Permits or Sign-offs should be acquired from the following agencies: a. (IDNR) Consultation Agency Action Report regarding endangered/threatened species or natural areas. (Received— Consultation Terminated) b. (IHPA) regarding preservation of cultural resources. (Received— Exempt) c. Yorkville-Bristol Sanitary District regarding Sanitary Sewer Facilities. d. (TEPA) Division of Water Pollution Control regarding Sanitary Sewer Facilities. e. (TEPA) Division of Public Water Supplies regarding water supply and distribution. f. (TEPA) Division of Water Pollution Control regarding a Notice of Intent (NOI) General permit to discharge storm water. g. A Natural Resource Information Report should be applied for and prepared by the Kendall County Soil and Water Conservation District and submitted for review. We recommend that items c, d, e, f, and g be received prior to the start of construction activities. PRELIMINARY ENGINEERING PLAN 2. A soils report prepared by a licensed professional should be submitted for review. G:1Pubhic\Yorkville12006WO0609 Brighton Oaks illdocs\twywrot03preliminary.doc 3. The design of cul-de-sac streets, Streets"C"and "E", include elongated island designs that result in the construction of additional pavement area that the City will accept for maintenance. We concur with City staff members in recommending that the standard cul-de-sac design be utilized on these streets. 4. The sanitary sewer layout terminates at a"future 8" SDR-26 Sewer Main Connection" in the southeast corner of the proposed development. Provisions for a sanitary sewer outfall are not readily available at this time and will need to be addressed as engineering for this site progresses. 5. This development falls within two pressure zones of the City's water distribution system. Due the limited number of homes that will apparently fall within the lower zone, we recommend that the individual homes in the lower zone be equipped with individual pressure reducing valves. We believe that the more intense development expected to occur east and south of Brighton Oaks II will be better suited to address the need for a booster pump/pressure reducing valve station. The sizing of the water main on Street"A"will need to be evaluated in the City's water model during final engineering and will be subject to change. 6. Stormwater management comments and floodplain comments provided in our November 13, 2006 correspondence will need to be addressed as project development continues. PRELIMINARY PLAT OF SUBDIVISION DATED 7. The 15' P.U. & D.E. along lots 34 and 35 should be dimensioned on the Final Plat. 8. A larger easement should be provided for the storm sewer crossing along the north line of lot 24. (repeat comment) 9. All the appropriate provisions will need to be added to the Final Plat. PLAT OF ANNEXATION 10.The Plat of Annexation is acceptable as presented. CONCLUSION We recommend approval of the Preliminary Engineering, Preliminary Plat of Annexation and Plat of Annexation subject to the comments listed above. If you have any questions or require additional information, please contact our office. G:1Public\Yorkville120061YO0609 Brighton Oaks Illdocstiwywrot03preliminary.doc • Sincerely, ENGINEERING ENTERPRISES, INC. �-�- e William E. Dunn, P.E. Senior Project Manager Mark G. Scheller Project Manager Pc: Bart Olson, Assistant City Administrator Susan Bach, Administrative Assistant Travis Miller, Director of Community Development Charlie Wunder, Urban Planner Eric J. Granrud, P.E., SEC Fox Valley View do John F. Philipchuck,Attorney JWF, EEI G:\Public\Yorkville\2006\Y00609 Brighton Oaks Illdocs\IwywrotO3preliminary.doc P. 4'110 ' • CONSERVATION DESIGN FORUM Landscape Architecture•Community Planning•Ecological Restoration•Water Resource and Ecological Engineering 375 West First Street Elmhurst, Illinois 60126 630.559.2000 phone 630.559.2030 fax www.cdfinc.com MEMORANDUM DATE DECEMBER 1 1,2006 To: TRAVIS MILLER-COMMUNITY DEVELOPMENT DIRECTOR UNITED CITY OF YORKVILLE FROM: BECCA CERF AND TOM PRICE RE: BRIGHTON OAKS II-WETLAND STUDY CC: REF.#: 02059.22-2006-12-08-BRIGHTON OAKS II WETLAND DELINEATION REPORT REVIEW MEMO: This memo addresses review of the following in conjunction with Bristol Ridge development site: • Wetland Delineation Report prepared by Smith Engineering Consultants, Inc,dated May 2005. The comments below are directed to the City and the developer. Wetland Delineation Report: • Based on the floristic quality data provided for the delineated wetland,this area was identified as a "high quality aquatic resource" (HQAR) due to a native Mean C value greater than 3.5.It is unlikely that Fescue Oval Sedge (Carex festucacea),one of the identified plant species,which has a high coefficient of conservatism number(C=8), would be found in that area.To date this species has not been noted as present within Kendall County.Also,it requires a mature perigynia for proper identification and this would not be present until later June. By eliminating this species from the floristic quality data,the native Mean C value would be 2.5. It is possible that a later growing season floristic inventory (late June-mid-July) would result in additional species for the delineated area;however,at this time, based on the information provided,it does not meet the criteria of a HQAR per floristic quality data. This has implications on the wetland buffer requirements. \\cdfdcl\projects\projects\02059.22 Yorkville Brighton Oaks II\Project Correspondences\2006-12-08_Brighton Oaks II Wetland Delineation Report Review.doc MEMORANDUM YORKVILLE-BRIGHTON OAKS II WETLAND DELINEATION REPORT REVIEW DECEMBER 8,2006 PAGE 2OF4 • Per review of the Aux Sable Creek Watershed Technical Document,dated March 2001, this portion of Middle Aux Sable Creek is part of the headwaters of Aux Sable Creek watershed.Although this reach of stream was not inventoried,all other portions of the Aux Sable Creek Biological Survey resulted in stream class ratings of A or B. Under the requirements of the draft Wetland Ordinance,Section 3.1.1 Buffer Requirements, streams rated as Class A or Class B require a 100-foot native vegetation buffer from top of bank of stream channel. • In addition to a buffer adjacent to the delineated stream,a native vegetation buffer adjacent to the delineated wetland on the southwest portion of the property will be required as per the requirements of the draft Wetland Ordinance. • Per review of the exhibits provided in the wetland delineation report,additional field documentation needs to be provided for further review.A data point (T2) was taken adjacent to the drainage way located on the east portion of the property,but no photograph documentation of this area was provided.Although the data point did not indicate that this area is wetland habitat,it appears on the Wetland Boundary exhibit as well as on the soil survey that this area is a natural drainage channel that has been channelized on the property. Typically,tributaries to waters of the U.S.are also considered waters of the U.S.Therefore,this area as well as possible other drainage channels that appear on the exhibits may be jurisdictional under the Corps of Engineers. Additional data points and photograph documentation needs to be provided for two additional areas as indicated on the aerial photograph below. Both areas are suspect drainage ways and should be identified within the report. • The NRCS Wetland Map exhibit identifies a wetland system immediately adjacent to the west side of the property.Also,the aerial photograph below shows suspect forested wetland habitats within that adjacent property. Per requirements of the draft Wetland Ordinance Sections 3.2.2 and 32.4,all wetlands on the property and within 100 feet of the property are to be identified. If forested wetland habitat is located on the adjacent property within 100 feet of the subject property,applicable buffer limits to protect that offsite wetland habitat may need to be provided within the proposed development plan. Further information regarding the offsite wetland-dominant species,distance to property boundary-needs to be provided for further review. • After the additional site assessment information regarding the potential on-site drainage ways as well as the offsite wetland quality/distance have been completed and the wetland report updated,a U.S.Army Corps of Engineers wetland Jurisdictional Determination needs to be requested from the Rock Island District Army Corps of Engineers and the results provided to the City. Recommendations are as follows: o Provide photographic and assessment documentation for the drainage channel located on the east portion of the property as well as provide data point, photographic, and assessment documentation for the two other potential drainage ways on site. CONSERVATION DESIGN FORUM , MEMORANDUM YORKVILLE—BRIGHTON OAKS II WETLAND DELINEATION REPORT REVIEW DECEMBER 8,2006 PAGE 3 OF 4 o Provide additional documentation for offsite forested wetland adjacent to subject property as discussed in above bullet. o Obtain a U.S.Army Corps of Engineers(USACE)Jurisdictional Determination when additional information has been obtained and the wetland report updated. ��'V '': n ,-, c " ti xr `4,4...-.* TAT . -9,,,,,A -r,', . , .'''',3S.,,P:Iiii 11 ' ' * .„, 2, ;,� } , ti - - -a,,*?t_,.. ,..,„..,,,,,, 4,4 r . j( s' a :.,s. . ,, . y�, i '!4� t' cox . £ ate. ' x�^ F Red line-Approximate north property boundary line (estimated from wetland exhibit) Blue line-Data point T2 taken at south end of drainage channel. Area may not be wetland,but appears to be a tributary to the creek and therefore possibly under the Corps of Engineers jurisdiction.Provide photographic and additional assessment documentation of area. White line-Additional data points,photographic and assessment documentation needed for these two potential drainage ways that may be considered waters of the U.S.by Corps of Engineers. CONSERVATION DESIGN FORUM l MEMORANDUM YORKVILLE-BRIGHTON OAKS II WETLAND DELINEATION REPORT REVIEW DECEMBER 8,2006 PAGE 4 OF 4 Yellow line-Potential forested wetland habitat adjacent to subject property.Provide additional information as to dominant species and distance from property boundary. Once the onsite drainage channel and potential offsite forested wetland information has been obtained,the developer should outline the appropriate buffers on the development plan documents for each area as per the requirements of the draft Wetland Ordinance. When development plans are submitted,they will need to include establishment and management plans for preserved wetland habitat and buffers as well as all applicable submittal requirements per the draft Wetland Ordinance. Based on our review of this material,it is recommended that the City request additional information as indicated in the above bullet items. Should you have any questions, please do not hesitate to contact us. CONSERVATION DESIGN FORUM I, (iD cir United Cityof Yorkville ' .# �, County Seat of Kendall County A-0) f, ,l-'s 800 Game Farm Road Esr 1836 Yorkville, Illinois, 60560 ,s :Lit Telephone: 630-553-4350 Fax: 630-553-7575 ° # Website: www.yorkville.il.us .7*° <CE ,vv PC# U006 91 APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Rush-Copley Development Name: Yorkville Healthcare Ctr Date of Submission: November 6, 2006 Requesting: n Annexation aZoning fi Planned Unit Development []Special Use: 1. Name of Petitioner(s): Rush Copley Medical Center, Inc. Address: 2000 Ogden Avenue, Aurora, IL 60504 Phone Number: 630-978-6276 Fax Number: 630-978-6888 Relationship of Petitioner(s) to subject property: n Owner $ Developer 0 Contract Purchaser 2. Name of holder of legal title, if different from#1: Copley Ventures, Inc. an Illinois Not For Profit Corporation If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). (i). Street address and physical location of subject property: South of Veterans Parkway adjacent to the Fox Hill Subdivision Yorkville, IL (ii). Zoning of surrounding parcels: North: Kendall County A-1, Yorkville A-1 & Kendall Market Place PUD South: Kendall County A-1 East: Yorkville - 0 West: Yorkville B-3 and R-3 b). Legal description of property; attach as Exhibit"A". c). Total Acreage: 44.12 Page 1 of 5 United City of Yorkville Annexation, PUD,Zoning,Special Use Application Revised:2/25/04 3. (con't): d). Kendall County Parcel Number(s)of property for which PUD is sought: 02-30-200-007 e). Current Zoning Classification: 0 Office District Yorkville f). Zoning Classification Requested: Planned Unit Development g). Is this property within City limits? X Yes No,requesting annexation 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number(IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: None 7. Does a flood plain exist on the subject property? No, 8. Do Electors reside on the subject property? No If so,they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: John F. Philipchuck - See below Attorney: Name: John F. Philipchuck Address: 123 Water Street, Naperville, IL 60540 Phone Number: 630-355-5800 Fax Number: 630-355-5976 Engineer: Name: Cemcon, LTD. Address: 2280 White Oak Circle Suite 100, Aurora, IL 60502 Phone Number: 630-862-2100 Fax Number: 630-862-2199 Land Planner: Name: AMDC - Jim Klima Address: 135 S. LaSalle Street, Suite 2360, Chicago, IL 60603 Phone Number: 312-756-9300 Fax Number: 312-756-9301 10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee(Please refer to page 4 of this application to"Petitioner Route, Step 1, Fees"and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10"x 13"envelope Page 2 of 5 United City of Yorkville Annexation, PUD,Zoning,Special Use Application Revised:2/25/04 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contigu us to the United City of Yorkville.1 Date: `411)1,.. 7 .2-. ai_L Petitioner(s)Signature: All legal property owners signatures must appear on this application.) -/27q A6t -tr • r'Al ' .-h-'1 'N t_t� :1 5�.t; t- Subscribed and sworn to before me this day of _, 200_C eci...0.0.,.." ii,„:„.....Yea Notary Seal THIS APPLICATION MUST BE NOTARIZED. ' "OFFICIAL SEAL" SUSAN VAN VOLKENBURG NOTARY PUSIJC,STATE OF ILLINOIS MY COMMISSION EXPIRES OS/211 ,, Page 3 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised:2/25/04 ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees*and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc.,to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning -$250 plus$10 per acre for each acre over 5 acres b. Rezoning only-$200 plus$10 per acre for each acre over 5 acres c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees-1.25%of the approved engineer's estimate of cost of all land improvements,to be determined by City Engineer. e. Planned Unit Development fee-$500 f. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10=$2,500 over 10 acres, but not over 40=$5,000 over 40 acres, but not over 100=$10,000 over 100 acres=$20,000 g. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs(i.e.legal review, land planner, zoning coordinator, environmental,etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Planning Council meets the 2"'and 4'h Thursday of the month at 9:30 a.m.in the City Administration Office. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator,City Land Planner, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Executive Director of Parks and Recreation, Fire Department Rep,and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront Building,301 E. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor,the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names,addresses and permanent parcel numbers of all parties that were notified. Page 4 of 5 United City of Yorkville Annexation,PUD, Zoning,Special Use Application Revised:2/25/04 11` • Step 5: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. All projects(regardless of a positive or negative EDC recommendation) proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three (plus one alternate)City Council members. Step 6: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements,fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records)to the Deputy Clerk, United City of Yorkville,800 Game Farm Road, Yorkville, Illinois 60560. Date: 11/2- S nat of Petitioner aA.- 17(1/ ."-nr\r' Page 5 of 5 United City of Yorkville Annexation, PUD,Zoning,Special Use Application Revised:2/25/04 United City of Yorkville County Seat of Kendall County 800 Game Farm Road Yorkville, IL 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us f PC# ZON- �� APPLICATION & PETITION Please Check One: X Preliminary Plan Final Plat Rush Copley Development Name: Yorkville Healthcare CtDate of Submission: November 6, 2006 1. Name of Petitioner(s): Rush Copley Medical Center, Inc. Address: 2000 W. Ogden Avenue. , Aurora, IL 60504 Phone Number: 630-978-6276 Fax Number: 630-978-6888 2. a). Street address and physical location of subject property: South of Veterans Parkway, Adjacent to the Fox Hill Subdivision b). Legal description of property; attach as Exhibit"A". c). Total Acreage: 44.12 3. Contact Information: Name, address,phone number and fax number of person to whom inquiries regarding this petition may be directed: John F. Philipchuck - See below Attorney: Name: John F. Philipchuck Address: 123 Water Street, Naperville, IL 60540 Phone Number: 630-355-5800 Fax Number: 630-355-5976 Engineer: Name: CEMCON LTD. Address: 2280 White Oak Circle Suite 100, Aurora, IL 60502 Phone Number: 630-862-2100 Fax Number: 630-862-2199 Land Planner: Name: AMDC - Jim Klima Page 1 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 Address: _ 135 S. LaSalle Suite 2360 Chicago, IL 606013Nf ` Phone Number: 312-756-9300 Fax Number: 312-756-9301 4. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee(Please refer to Page 3 of this application"Petitioner Route, Step 1,Fees"and/or contact the Deputy Clerk for verification of this amount). c. To begin the review process,the initial submittal must consist of: 1. 12 sets of Preliminary Plans/Final plats folded to fit in a 10"x 13"envelope 2. 7 sets of Landscape Plans folded to fit in a 10"x 13"envelope 3. 7 sets of Preliminary/Final Engineering folded to fit in a 10"x 13"envelope Within one week of receipt of submittal,the Engineering Department will determine if it is complete or if additional information is needed. Once the submittal is complete, the Plan Council Meeting date will be scheduled for the next meeting that is 6 weeks from this date. One week prior to your scheduled Plan Council meeting,you will be required to submit 15 full size preliminary/final site plans for the packets distributed to the members. In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct. Date: 'tilt., v /D A i 4., Petitioner(s)Signature: (All legal property owners signatures or their authorized agents(i.e.Planner, Petitioner's Attorney,Engineer)must appear on this application.) C 1 — ,-- 1 CtS i 1,f 4, C'-%UCS--+`_ Subscribed and sworn to before me this caZ 7t lay of , 200 C . ..e.4-4,612e....,51:"'57:66-.4.44C-4-. Notary Seal "OFFICIAL SEAL" THIS APPLICATION MUST BE NOTARIZED. SUSAN VAN VOLKENBURG NOTARY PUBLIC,STATE OF IWNOIS MY COMMISSION EXPIRES 06/29/2009,: Page 2 of 7 linked City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 II• PRELIMINARY PLAN/FINAL PLAT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees*and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County,Illinois Department of Transportation, Illinois Department of Natural Resources,U.S.Army Corps of Engineers, etc.,to allow timely review by City. *Fees: 1. Preliminary Plan Fee-$500/Final Plat Fee-$500 a. Engineering Review Fees- 1.25%of the approved engineer's estimate of cost of all land improvements,to be determined by City Engineer. b. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10=$2,00 over 10 acres,but not over 40=$5,000 over 40 acres,but not over 100=$10,000 over 100 acres=$20,000 c. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs(i.e.legal review,land planner, zoning coordinator, environmental,etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicates Step 2: Plan Council: The Planning Council meets the 2nd and 4th Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator,City Land Planner, Sanitary District Director, City Engineer,Building Department Official,Emergency Medical Rep,Public Works Director,Executive Director of Parks and Recreation,Fire Department Rep, and Police Chief. Step 3: For Preliminary Plans only;Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in the development. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a Page 3 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor,the City Attorney and City Land Planner. Step 5: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m.in the City Hall Conference Room. All projects (regardless of a positive or negative EDC recommendation)proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three(plus one alternate)City Council members. Step 6: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. If this project has included an annexation and/or zoning petition,a Public Hearing will be held at this time with notice given by publication. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Prior to the recording of the final plat,the petitioner must pay the Administration Fee. This is equal to 1.75%of the approved engineer's estimate of construction costs of land improvements,including but not limited to all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by the homeowner's associations such as private storm sewer,parking areas, and trails. Step 8: Final Plat recording instructions: Once the final plat is approved by the City Council and all required documents,bonds,and letters of credit are submitted to the City,the final plat may be recorded with Kendall County. Submit the final plat mylar to the Deputy Clerk for signatures. When all City signatures are in place,the developer or his surveyor may take the mylar to the Kendall County Clerk for his signature. The next step is to have six paper prints made and return to the Kendall County Recorder's office for recording. Kendall County requires the mylar and four paper copies. The City of Yorkville requires that you submit two recorded paper copies to the Deputy Clerk. Any copies you may require would be in addition to these. Agreement: I understand and accept all requirements,fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return(retaining a copy for your records)to the Deputy Clerk,United City of Yorkville, 800 Game Farm Road,Yorkville,Illinois 60560. Page 4 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 • Date Sig,. re o Petitioner _ CHECK LIST FOR PRELIMINARY PLANS � 1� G n 1(L Gt-r.>y1-F , --� i SECTION 1: WRITTEN DOCUMENTS 1. A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan B. A time schedule of the proposed development of the area covered by such preliminary plan C. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the plan,including the specific section of the Ordinance. 2. A boundary survey of the area covered by such preliminary plan, prepared and certified by a registered IIlinois surveyor. SECTION 2: GENERAL PLAN INFORMATION 1. A rendered outline of the area covered by such preliminary plan drawn at a scale of not less than 1 inch equals 100 feet. 2. The plan must contain the following information: A. Scale B. North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer F. Current zoning of the property G. All categories of proposed land use 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. The following site data provided in the lower right corner: A. Size of property in square feet or acres B. Square footage and percent of site coverage with buildings C. Square footage and percent of site coverage with pavement D. Number of parking spaces to be provided E. Number of parking spaces required by zoning ordinance F. Number of proposed buildings/dwelling units/lots SECTION 3: PLAN DATA REQUIREMENTS I. A site location map. 2. Dimensions of the property. 3. A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not less than one inch equals one hundred feet. 4. A detailed plan for the treatment of'any proposed stormwater detention or retention facilities. 5. Existing or proposed public roads,streets,and alleys,including classifications,width of right-of-way and paved surfaces,and existing and proposed sidewalks. 6. Dimensioned building setbacks,and as applicable;areas for off-street parking,trucking maneuvering and service,and open space/recreational facilities. Page 5 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 7. A schematic of existing or proposed public utility systems,including the size of sanitary sewers,storm water lines,&streetlights. 8. Existing vegetation and plantings. 9. Any other information required by the City,to clearly show the proposed site plan elements. CHECK LIST FOR FINAL PLANS SECTION 1: WRITTEN DOCUMENTS I. A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan. D. A development schedule,indicating the approximate dates for construction of the Final Plan, E. Petitioners proposed covenants,restrictions,and conditions to be established as part of the Final Plan. F. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the Final Plan, including the specifics of the Ordinance. SECTION 2: GENERAL PLAN INFORMATION 1, Must be drawn to accurate engineering scale. 2. Must contain the following information: A. Scale B. North Arrow C. Original and Revised dates _ D. Name and address of owner of record E. Name and address of site plan designer 3. The following information regarding contiguous property: A. Location of contiguous property _ g B. Zoning of contiguous property _ C. Land use of contiguous property _ 4. Site data to be provided in lower right hand corner: A. Legal Description B. Size of property in square feet and acres C. Current Zoning _ D. Square footage&percent of site coverage with buildings _ E. Square footage&percent of site coverage with pavement F. Square footage&percent of site coverage with landscaping _ G. Number of parking spaces required by zoning ordinance H. Number of parking spaces to be provided I. Number of buildings J. Number of dwelling units K. Breakdown of dwelling unit bedroom types Page 6 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 5. Landscape data to be provided in lower left hand corner: A. Number of plantings by type _ B. Size of plantings at installation C. On-center spacing for hedges(Should be 3 feet apart) - D, Caliper size of all trees at installation _ CHECK LIST FOR FINAL PLANS,CONTINUED SECTION 3: PLAN DATA REQUIREMENTS 1. Dimensions of property. 2. Existing and proposed public and private streets,right-of-ways,driveways,all principal and accessory buildings and their uses,dimensioned building setbacks,lot sizes,sidewalks,off-street parking,service areas,open spaces,and recreation facilities. 3. Preliminary architectural plans for all residential buildings,in sufficient detail to show basic building plan, 4, The existing and proposed vehicular and pedestrian circulation systems,indicating their inter-relationship and proposed treatments of points of conflict. 5. Existing and proposed utility systems,including sanitary sewers,water,electric,gas,telephone,and cable television Iines,including their sizes. 6. Proposed public and private lighting systems. 7. Existing and proposed easements for utility services. 8. Proposed signage,indicating location and size. 9. Existing vegetation and plantings. 10. Proposed berming and fencing. 11. The location and size in acres or square feet of all areas to be conveyed,dedicated,or reserved as common open space,public parks,recreational areas,school sites,and similar semi-public uses. 12. Any other information necessary to clearly show the proposed site plan elements. Page 7 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1/27/06 • EXHIBIT A t � LEGAL DESCRIPTION THAT PART OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4; THENCE SOUTH 01 DEGREES 18 MINUTES 14 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST 1/4, 479.42 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 18 MINUTES 14 SECONDS EAST ALONG SAID EAST LINE, 1427.73 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 00 SECONDS WEST, 1327. 03 FEET; THENCE NORTH 01 DEGREES 13 MINUTES 50 SECONDS WEST, 1308.64 FEET; THENCE NORTH 88 DEGREES 46 MINUTES 21 SECONDS EAST, 245.00 FEET; THENCE NORTH 01 DEGREES 13 MINUTES 50 SECONDS WEST, 232.61 FEET TO A POINT ON SAID SOUTH RIGHT OF WAY LINE; THENCE SOUTH 85 DEGREES 29 MINUTES 54 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE 1085.62 FEET TO THE POINT OF BEGINNING, ALL IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS .,‘no o United City of Yorkville Memo �$ 0:1, '" 800 Game Farm Road MI EST. mu 1.361 Yorkville, Illinois 60560 ---- Telephone: 630-553-8545 o f M •' s. �' Fax: 630-553-3436 I�r<LEeo-��.�2 Date: January 3,2007 To: Plan Commission From: Travis Miller CC: Susan Bach(for distribution) Subject: Rush-Copley Yorkville Health Care- Concept PUD and Preliminary PUD Concept PUD - Consists of 41 acre parcel identified as Parcel 1 on the submitted Zoning Exhibit - The Comprehensive Plan recommends Commercial Land Use for this property—the uses proposed by the Concept PUD are consistent with this recommendation - The Comprehensive Plan proposes a road(north-south)across this property. The proposed Concept PUD includes this alignment(Beecher Road)and extends the Beecher segment currently being constructed as part of Kendall Marketplace south of Route 34 and also allows alternative access to the County property to the east. PUD Agreement and Preliminary PUD Plan Agreement should include a fee schedule exhibit including the Commercial/Non- residential Fee Ordinance rates. Refer to the following staff reports: - January 3,2007 Preliminary Plan Review prepared by EEI - January 3,2007 Preliminary Landscape Review(Phase I)prepared by Laura Haake - January 3,2007 Zoning and Preliminary PUD review prepared by Rebecca Houseman 52 Wheeler Road• Sugar Grove,IL 60554 TEL:6301466.9350 FAX:630/466-9380 www.eelweb.com Engineering Enterprises, Inc. January 3, 2007 Mr. Joseph A.Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Rush-Copley Healthcare Center Preliminary Engineering Review#2 United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the following submitted material for the referenced plan submittal: • Preliminary Engineering Plans for Rush-Copley Healthcare Center prepared by CEMCON, Ltd. consisting of six (6) sheets with revision date of December 15, 2006. • Preliminary Site Infrastructure Design Report prepared by CEMCON, Ltd. dated December 15, 2006. • Preliminary Stormwater Management Analysis and Report prepared By CEMCON, Ltd. and dated December 15, 2006 • Preliminary Architectural Site Plans and Building Elevations prepared by Anderson Mikos Architects Ltd. dated December 20, 2006. • Phase 2 Preliminary Architectural Site Plans prepared by Anderson Mikos Architects Ltd. dated December 20, 2006. • Traffic Impact Study for Rush-Copley Healthcare Center — Yorkville, Illinois prepared by CEMCON, Ltd. dated October 31, 2006. • Response Letter prepared by CEMCON, Ltd. dated December 20, 2006. Consulting Engineers Specializing in Civil Engineering and Land Surveying • Response Letter prepared by CEMCON, Ltd. dated December 21, 2006. Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties 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. GENERAL 1. All other comments from our December 5, 2006 review letter have been adequately addressed. STORMWATER MANAGEMENT 2. The Preliminary Stormwater Management Analysis and Report are in general conformance with the criteria set forth in the Yorkville Stormwater Ordinance. But overall approval of the design is dependant on the agreed outlet method. a. If the discharge is to be conveyed to Blackberry Creek through a new city storm sewer, or conveyed to Blackberry Creek via the drain tiles located just south of the previously proposed level spreader, the current storm water management report is appropriate. b. If the discharge is to be dependent upon the drain tile from the previous comment, a dry well or infiltration/filtration method should be placed just prior to the connection into the tile, in order to prevent debris from clogging the tile. c. If neither of these options are viable solutions, the site should be modeled with a zero release rate and applicable infiltration BMPs implemented. PRELIMINARY PLAT 3. "Outlot 1"should be renumbered to"Lot 3". 4. At the intersection of Rt. 30 and Beecher Road, the State right-of-way should be differentiated from the City right-of-way. We recommend approval of the preliminary engineering and preliminary plat subject to the resolution of the stormwater discharge solution and minor corrections to the plat. If you have any questions regarding the items listed or if you require additional information, please feel free to contact our office. G:1PubGcWorkviUe120051Y00528 Rush-Copley(Conover-Fisher Property)docsUwywrot05.doc Sincerely, ENGINEERING ENTERPRISES, INC. t 4 - -- William E. Dunn, P.E. Senior Project Manager ' • Mark G. Sch er, P.L.S. Project Manager pc: Bart Olson, Assistant City Administrator Mr. Travis Miller, Community Development Director Charley Wunder, Urban Planner Susan Bach,Administrative Assistant Kevin Serafin, Cemcon, Ltd. Jason Xi, Cemcon, Ltd. JWF, EEI G:1PublicWorkville12005W00528 Rush-Copley(Conover-Fisher Property)ldocawywrot05.doc 4.`�0 C!�o United City of Yorkville Memo '" 800 Game Farm Road EST 14! ia36 Yorkville, Illinois 60560 Telephone: 630-553-4350 I !m0 Fax: 630-553-7575 LLE ‘N# Date: January 3, 2007 To: Travis Miller From: Rebecca Houseman CC: William Dettmer, CBO; Anna B. Kurtzman, AICP; Kurt Van Dahm; Joe Wywrot, PE; Laura Haake; Susan Bach; Pete Pluskwa, Cemcon Subject: Zoning Review of the Aerial Exhibit Dated October 12, 2006, the Preliminary Engineering Plan Dated November 1, 2006 and Revised December 15, 2006, the Preliminary Plat of Subdivision Dated November 1, 2006 and Revised December 15, 2006, the Preliminary PUD Dated November 1, 2006 and Revised December 15, 2006, the Zoning Exhibit Dated October 20, 2006 and Revised December 13, 2006, the Preliminary Master Landscape Plan Dated October 23, 2006 and Revised December 20, 2006, and the Proposed Planned Unit Development Agreement (not dated) for the Rush-Copley Healthcare Center Zoning staff has reviewed the documents above for compliance with the City of Yorkville's zoning, landscape, and sign codes. Staff found the following issues must be addressed before the plans may be approved. All Documents 1. Fox Hill Unit 6 is a PUD (B-3 PUD). All documents must reflect this. 2. Blackberry Woods (southeast of the subject property) is also a PUD (R2-PUD). All documents must reflect this. Preliminary Engineering Plan 3. The zoning of Fox Hill Unit 5 is incorrect on the plan and must be changed to reflect the accurate zoning(R-3 PUD). Preliminary Plat of Subdivision 4. The word `utility' is misspelled several times on the preliminary plat. 5. There is a pylon sign proposed east of lot 2 (according to the landscape plan),but the plat shows that area covered in a public utility and drainage easement. If there is to be a sign in this location, there must be an exception to the easement or a sign easement in this location. T. Miller Rush-Copley January 3, 2007 Page 2 of 3 Preliminary PUD 6. Per the Illinois Accessibility Code,parking lot 5 requires 6 accessible parking spaces. Preliminary Master Landscape Plan and Site Signage 7. The signage plan on page A1-1-2 shows the height of the pylon signs to be between 8 feet and 10 feet. What will dictate the difference in sign heights? The different signs must be outlined on the plan. 8. The detail of the "Garden Wall Signage" is shown as feature #2 on page A1-1-2. However, it is not shown on the site plan. The location of this feature must be shown to ensure it is outside of all easements and rights-of-way. Likewise, the location of feature #1 must also be shown on the site plan. 9. The dimensions of features #1, #2, and#3 must be shown on the plan. Proposed Planned Unit Development Agreement 10. On page 4 in Section 4. (C), the agreement states that "the City further agrees to permit buildings located in the Subject Property to be a maximum height of ninety feet (90') and up to seven (7) stories." A statement must be added indicating that the building be constructed in accordance with the high rise construction standards in use at the time of the permit. 11. On page 6 in Section 7, the agreement states "...the City shall not require Developer to enclose any roof-top mechanicals, as long as, said roof-top mechanicals are screened so that they are blocked from ground view on all sides." The Department of Building Safety recommends that the statement "in accordance with the City's Appearance Code" be added. 12. On page 7 in Section 9.2, the agreement states that "for the western portion of the Subject Property south of John Street which is adjacent to residential zoned property the City shall permit Developer to provide a 25' wide buffer area adjacent to the property line in lieu of a City required 30' buffer area." Staff requests the developer add a statement to the section noting that a 3-foot tall berm or masonry wall will be added to the buffer yard per the landscape ordinance (2006-136 Section 2-2a). The berm or architectural masonry wall will further shield the adjacent residences from the intense uses of this site. 13. On page 7 in Section 10, the document refers to the VILLAGE twice. Throughout the rest of the document, the City of Yorkville is referred to as the `City.' The references to the village must be amended or explained. 14. Page 9 Section 11 states "all signs located within the Subject Property will be subject to review and approval by the City building and zoning departments consistent with the terms of this Agreement." This statement must include a clause indicating that permits are required for all signs on the subject property. 15. On page 12 in Section 17.6, a statement indicates that "all construction trailers, offices, and temporary construction storage containers shall be removed upon the completion of all construction activity." A statement must be added indicating that permits from the Department of Building Safety are required for any construction trailers and offices. T. Miller Rush-Copley January 3, 2007 Page 3 of 3 16. The"Exhibit" cover sheets indicate that a"reduced copy [of the plans is] to be attached." The applicant must note that full-size copies of the plans must be recorded or referenced within the final agreement. 17. Exhibit C, the Preliminary PUD Plan, includes much more than what is currently labeled as the PUD plan per City Code. The entire plan must be attached to the agreement. 18. The agreement must include the proposed deviations from the sign code in regard to the number and size of pole and ground signs. 19. An exhibit outlining a complete list of the proposed variances must be attached to the agreement. Please let me know if you have any questions or require additional information. rsh\abk P:\Rebecca\Yorkville\Commercial Plan Review\Rush-Copley Medical Center\Zoning Review Rush Copley 12.29.06.doc 4,s© o.o United City of Yorkville Memo 800 Game Farm Road EST _ 1836 Yorkville, Illinois 60560 ,� Telephone: 630-553-8545 09 1 . a C? Fax: 630-553-3436 1-11 E 0)' Date: January 3,2007 To: Travis Miller From: Laura Haake CC: Rebecca Houseman,Charlie Wunder Subject: Rush-Copley Yorkville Health Care Landscape Plan Review for Phase I I have reviewed the landscape plan and notes for Phase I(Job No.06610.00)dated October 6, 2006 with revisions dated October 18,2006,as part of the Phase I plans dated December 20, 2006,by Anderson Mikos Architects,Ltd. and have prepared the following comments: General Conunents: 1) Label square footage of the building. 2) Show Route 34 and future Beecher Road right-of-way lines. 3) Show parking lot lighting,street lighting,fire hydrants,and all other freestanding structures on the landscape plan. Trees shall be a minimum of 20' from any freestanding structures. 4) Site topography shall be shown on plans.Indicate N.W.L.and H.W.L.on detention basins. 5) On sheet L-1.0,General Notes,#2.If substitutions are necessary,all requests must additionally be submitted to the City for approval. Species must be on the approved plant list. 6) The median on Beecher Road shall contain landscaping in the areas with appropriate widths. 7) Beecher Road requires 1 tree per 50 LF for parkway trees. Plant species: 8) Autumn Blaze Maple(Acer x freemanii)is not acceptable plant species.Please replace with shade tree on approved list. 9) Staff recommends that Pinus nigra(Austrian Pine)not be used as part of the landscape plan. Species is highly susceptible to borers and will not survive long. In addition,currently 50%of the proposed pine species on the site are Pinus nigra.This shall be reduced to no more than 33%of the species. Suggested species for replacement;Picea pungens var.glauca(Colorado Blue Spruce), Picea abies(Norway Spruce),Pinus strobus(White Pine)or Pseudotsuga menziesii(Douglas Fir). 10) Gingko biloba must be specified as male species only. Planting specifications: 11)The detention pond must be constructed per the Park Development Standards, which includes submitting the seed mix,quantities,and maintenance and management plan.This includes the pond grass and detention area seeding. 12)Washed stone shall be replaced with aquatic plantings,as specified for detention shorelines(Park Development Standards,3.6.2.7.) 13)Parkway trees are required for Beecher Road,one tree per 50 lineal feet. 14) One tree per 20 parking spaces is required in the interior of the lot.Add these trees to the small lot to the west of the medical office building. Buffer yards: 15)The perimeter buffer yard adjacent to residential shall be a width of 30'with an architectural masonry wall or a landscaped berm of 3' (three feet.)Adjust the buffer yard on the west side of the property. 16)The perimeter buffer yard for the parking lot shall include 2 shade and fifteen shrubs per 100 LF.This must be changed on the south end of the property near the parking lot. 17)The parking lot next to the public R.O.W. (Beecher Road)shall be a width of 30' and 1 shade tree, 1 evergreen tree,and 33 shrubs shall be planted per 100 lineal feet. Trail: 18)The asphalt path shall be placed on the west side in lieu of sidewalk along Beecher Road. 19)The asphalt path shall be placed on the south side of Route 34 in lieu of sidewalk. PUD Agreement: 20) Section 9,Landscape and Design.Remove the last sentence"The City agrees to approve Final Landscape Plans that substantially conform to the Preliminary Landscape Plan"or change to read as follows:"The City agrees to approve Final Landscape Plans that meet the requirements of the Landscape Ordinance."The preliminary landscape plans have not been corrected to meet City standards and if the fmal landscape plan conforms to the preliminary plan it will not be approved. 21) Section 9,#2,reads"For the western portion of the Subject Property south of John Street which is adjacent to residential zoned property the City shall permit Developer to provide a 25'wide buffer area adjacent to the property line in lieu of a City required 30'buffer area."This width adjustment is acceptable upon the addition of a 3'berm or masonry wall and additional understory landscaping (shrubs or evergreens.) The landscape plan will not be approved until all above comments are addressed and plans are re- submitted. • PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND COPLEY VENTURES INC., FOR THE DEVELOPMENT OF THE RUSH-COPLEY YORKVILLE HEALTHCARE CENTER THIS AGREEMENT is entered into this day of , 2006, by and between the United City of Yorkville, an Illinois Municipal Corporation (hereinafter"City") and Copley Ventures Inc., and Illinois Not for Profit Corporation (hereinafter "Owner" and/or "Developer"). (City and Developer are often referred to collectively as"Parties"and individually as "Party") WHEREAS,Developer is the owner of certain real estate consisting of approximately 44.12 acres of land located South of Route 34 and Adjacent to the Fox Hill Subdivision within the corporate boundaries of the City, Kendall Township, Kendall County, Yorkville, Illinois; (hereinafter"Subject Property"and WHEREAS,the City desires to enhance opportunities for residents of the City to receive quality medical care,and other associated services within the City and is also desirous of obtaining increased sales tax revenue for the City; and WHEREAS, the Subject Property is currently zoned 0 — Office under the City zoning ordinance and zoning map; and WHEREAS,Developer has petitioned the City to rezone the property under the City zoning ordinance as a Planned Unit Development(hereinafter"P.U.D"); and WHEREAS,Developer,has submitted to the City a Preliminary P.U.D.Plan and Plat as well 120101/1 55214/3 as all other required documentation proposing the development of a healthcare campus upon the Subject Property; and WHEREAS,Developer has published and sent out all notice required under Illinois State statute City ordinance to rezone the Subject Property as a P.U.D; and WHEREAS, the Plan Commission conducted the required public hearing on January 10, 2007,on the proposed rezoning and approval of the Preliminary P.U.D.Plan and Plat for the Subject Property; and WHEREAS, all other public hearings required by law have been held and conducted in accordance with the Ordinances of the United City of Yorkville and the laws of the State of Illinois; and WHEREAS, the corporate authorities of the City have determined that it is in the best interests of the City and Developer to develop the Subject Property in compliance with the Preliminary P.U.D. Plan and Plat, Preliminary Landscape Plan, Preliminary Engineering Plan, Photometric Plan,Zoning Plat,Preliminary Elevations,Signage Criteria,Preliminary Lighting Plan, and Architectural Guidelines,and other conditions hereinafter provided; and WHEREAS,the Parties hereto desire to provide for the adoption by the City of a Planned Unit Development Ordinance in connection with the rezoning of the Subject Property,as hereinafter provided; and. WHEREAS, the corporate authorities of the City have accordingly determined that the development of the Subject Property will promote the sound planning and development of the City and will inure to the benefit of the citizens of the City. NOW, THEREFORE, in consideration of the forgoing and the promises and contained 120101/1 55214/3 herein, the parties do hereby agree as follows: Section 1. Incorporation of Recitals. The forgoing recitals are hereby incorporated as if fully set forth herein. Section 2. Applicable Law. This Agreement is made pursuant to and in accordance with the applicable provision of Article 13 of the Illinois Municipal Code, as amended (65 ILCS 5/11-13-1 et seq.), and the provisions of Section 11-15.1-1 et seq. of the Illinois Municipal Code, as amended(65 ILCS 5/11- 1 15-1.1 et seq.). Section 3. Property Subject to this Agreement. The property subject to this Agreement consists of approximately 44.12 acres of land situated South of Route 34,adjacent to the Fox Hill Subdivision within the corporate boundaries of the City, Kendall Township,Kendall County,Illinois,which said property is legally described in Exhibit A, attached hereto and made a part hereof. Section 4. Enactment of the P.U.D. Zoning Ordinance. (A) In accordance with this P.U.D Agreement,the City shall amend its zoning ordinance and map to zone the Subject Property as a Planned Unit Development as depicted on the Zoning Plat attached hereto and made a part hereof as Exhibit B. Such action may be in the form of an ordinance granting preliminary P.U.D.approval to be followed by enactment of a final P.U.D.ordinance upon submission by the Developer of all documents required under current City ordinance for such final approvals. The Preliminary P.U.D.Ordinance shall include approval of the Preliminary P.U.D.Plan and Plat,Preliminary Engineering Plan,Preliminary Landscape Plan, Preliminary Engineering Plan, Photometric Plan,Preliminary Building Elevations,Architectural Guidelines,Preliminary Lighting 120101/I 5521413 3 Plan,Preliminary Signage Elevations and Sign Criteria,all as hereinafter more specifically provided and all to permit the development of the Subject Property as a healthcare campus as detailed in this Agreement and the Exhibits attached hereto. The Preliminary Plan and Plat shall remain in effect until such time as a Final Plan and Plat is approved by the City. It being the intent of the Parties hereto that the Preliminary Plan and Plat shall not expire until all of the Subject Property receives Final Plan and Plat approval. (B) The following uses shall be permitted upon the Subject Property. 1. Hospital 2. Heli-Stop 3. Medical Offices 4. Power Plant 5. Tennis Club 6. Fitness Center 7. Parking Garage 8. Professional Offices 9. Day Care Center 10.Restaurant 11. Cafeteria 12. All B-3 Service Business District Retail uses including,but not limited to; Drugstore Pharmacy Gift Shop (C) The City further agrees to permit buildings located on the Subject Property to be a maximum height of ninety feet(90') and up to seven(7)stories. (D) The following performance standards shall be applicable to the Subject Property. Front yard setback(Route 34) 30 feet Side yard setback(West Property Line) 10 feet Corner side yard setback(Beecher Road Frontage) 20 feet Rear yard setback(Southern Property Line) 20 feet Section 5. Preliminary and Final P.U.D.Plans The Subject Property shall be developed substantially in conformance with the overall 120101/1 55214/3 4 Preliminary P.U.D. Plan prepared by Cemcon Ltd, dated October 16, 2006, last revised ,a copy of which is attached hereto and made a part hereof as Exhibit C. The City hereby approves the aforementioned Preliminary P.U.D.Plan. The City hereby agrees to approve a Final P.U.D.Plan in substantial conformance with the aforementioned Preliminary P.U.D. Plan. Prior to or concurrently with Final P.U.D. Plan review by staff for the Subject Property, the owner/developer shall do the following: 1. Submit written approval from IDOT for (1) limited right-in, left in, and right-out access drive on U.S. Route 34 in the general location as shown on Exhibit C; and 2. Submit a copy of the proposed Easements, Covenants, and Restrictions (ECR) Agreement for the Subject Property for staff review which shall include provisions addressing cross-access and shared parking between various uses; and To the extent that the Preliminary and Final P.U.D.Plans constitute a change to the bulk standards of the City Zoning Ordinance and Subdivision Regulations,this Agreement and the P.U.D. Ordinance shall constitute a lawful amendment to such ordinances. Except as otherwise expressly provided for herein,the Subject Property shall be developed in accordance with all other City Ordinances. Section 6. Access. All access points for the Subject Property as depicted on Exhibit C are hereby granted by the City. Section 7. Building Elevations. Attached hereto and made a part hereof as Exhibit D are Preliminary Elevations prepared by Anderson Mikos Architects, Ltd. and dated October 20, 2006, last revised ,for the proposed development all of which are hereby approved by the City. The City 120)01/1 5521413 5 • agrees to approve Final Elevations and issue building permits for the construction of structures which are in substantial compliance with Exhibit D. Furthermore the City shall not require Developer to enclose any roof-top mechanicals,as long as,said roof-top mechanicals are screened so that they are blocked from ground view on all sides. Section 8. Architectural Guidelines. Attached hereto and made a part hereof as Exhibit D are Architectural Guidelines for the construction of buildings upon the Subject Property as depicted on the Preliminary P.U.D.Plan. All buildings constructed on the Subject Property shall substantially comply with the Architectural Guidelines. Consistent with the forgoing,the City agrees to reasonably approve building plans and issue building permits for any buildings which reflect the unique style and architecture of nationally recognized businesses,including signature design features and signage. Building permits shall be issued without further zoning or other hearing requirements if they substantially comply with the Agreement,the Preliminary P.U.D. Plan, and the Architectural Guidelines. Section 9. Landscape and Design. The City hereby approves the overall Preliminary Landscape Plan, prepared by Anderson Mikos Architects Ltd. dated October 20, 2006, last revised , which is attached hereto and made a part hereof as Exhibit E. The City agrees to approve Final Landscape Plans that substantially conform to the Preliminary Landscape Plan. Each proposed building shall require the submission of a Final Landscaping Plan at the time of Final Plan for said building. Except as provided for herein, building landscaping shall be in accordance with the City Landscaping Ordinance then in effect at the time of approval of this Agreement. 120101/1 55214/3 6 The following modifications to the City Landscape Ordinance have been requested by Developer and approved by the City; 1. The City acknowledges that overall the Developer has met and exceeded current City landscaping requirements relating to landscaped islands. Therefore,the City agrees to permit Developer to construct landscape islands that consist of a minimum area of 168 square feet as depicted in the Preliminary Landscape plan attached hereto as Exhibit E. 2. For the western portion of the Subject Property south of John Street which is adjacent to residential zoned property the City shall permit Developer to provide a 25'wide buffer area adjacent to the property line in lieu of a City required 30' buffer area. Section 10. Lighting. The VILLAGE hereby approves the Preliminary Lighting Plan and Photometric Plan prepared by Anderson Mikos Architects Ltd. dated October 20, 2006, last revised which is attached hereto and made a part hereof as Exhibit F. The VILLAGE agrees to approve a Final Lighting Plan that substantially conforms to the Preliminary Lighting Plan. In addition,with the exception of the heli-stop lighting to be located on the Subject Property the owner/developer hereby agrees as follows: 1. All lighting fixtures are to be architecturally compatible with fixtures used elsewhere in the development; and 2. All light fixtures installed throughout the development shall include a recessed bulb/filament and a flat lens; and 3. Only fully shielded light fixtures shall be installed throughout the development. No 12oioln 55214/3 7 • i light is to be emitted above the horizontal; and 4. The maximum wattage for Outlot light fixtures shall not exceed 1000 watts; and 5. All under-canopy lights shall be recessed into the canopy; and 6. All light poles in the main development shall be numbered. Said numbers shall not exceed four(4)inches in height and shall be located not more than ten(10)feet from the ground; and 9. Each proposed building shall require the submission of a photometric plan at time of Final Plan for said building, subject to City review and approval. Section 11. Signs. Attached hereto and made a part hereof as Exhibit G are the Preliminary Signage Elevations and the Sign Criteria for the Subject Property,including the criteria for monument signs and building signs. The City hereby approves the Preliminary Signage Elevations and the Sign Criteria. In addition,the Owner/Developer shall be permitted to place two(2)temporary signs on the Subject Property along the U.S.Route 34 corridor marketing the healthcare campus. Each sign may be double-sided,have a maximum face area of 120 square feet, and be up to a maximum height of twenty(20') feet. No temporary sign shall be located in the public right-of- way. All temporary signs shall be removed upon completion of build-out on the Subject Property. To the extent that the Preliminary Signage Elevations and Sign Criteria or the temporary sign guidelines set forth in this Section constitute a change from any of the current and or future provisions of the Sign Ordinance or zoning Ordinance of the City,this Agreement and the preliminary P.U.D. ordinances to be adopted pursuant to this Agreement shall constitute a lawful 120101/1 55214/3 8 • amendment to such provisions. All signs located within the Subject Property will be subject to review and approval by the City building and zoning departments consistent with the terms of this Agreement. Section 12. Parking Parking shall be as depicted on Exhibit C. The City acknowledges that the parking as depicted thereon meets all requirements of the City relating to parking,subject to the provisions of Paragraph 5(2),herein. The following parking requirements shall apply to the development of the Subject Property as stated below and depicted on Exhibit J. A. Hospital i. 1 space per every 2 regular employees. ii. 1 space per every physician active on site. (25%of the total number of physicians are expected to be active on site at any given time). iii. 1 space per every 2 hospital beds plus one. B. Power Plant-Ancillary to hospital. No individual parking requirement. C. Heli-Stop—Ancillary to hospital. No individual parking requirement. D. Hospital Cafeteria—Ancillary to hospital. No individual parking requirement. E. Restaurant—Ancillary to hospital. No individual parking requirement. F. Medical/Professional Offices — Ancillary to hospital. No individual parking requirement. G. Retail— 1 space per every 300 square feet of gross floor area. H. Daycare— 1 space per every employee. 120101/I • 55214/3 9 I. Fitness Center—2.5 spaces per every 1,000 square feet of gross floor area. J. Tennis Club—Ancillary to Fitness Center.No individual parking requirement. K. Fitness Center Pool Area— 1 space per every pool employee, and 1 space per every 50 square feet of pool area. Section 13. Engineering. The City hereby approves the Preliminary Engineering Plan for the Subject Property prepared by Cemcon Ltd., dated October 16, 2006, last revised , which is attached hereto and made a part hereof as Exhibit I. The City agrees to approve any Final Engineering Plans that substantially conform to the Preliminary Engineering Plans. The City further agrees to apply the following storm water management standards to the Subject Property; 1. Side slope ratio of four to one(4/1)shall be permitted. 2. A minimum twenty foot(20')buffer between the high-water level line of the southwest storm water management basin and the west and south property lines of the Subject Property shall be permitted. 3. Wet ponds for storm water management shall be permitted to have a maximum allowable depth of four feet(4')for detention storage between the normal water level and the high water level corresponding to the ten(10)year frequency storm. 4. In the event that during the development of the Subject Property,Developer determines that any existing City utility easements and/or underground lines require relocation to facilitate the development of the Subject Property in accordance with the approved Preliminary Plan and Plat the City shall release such easement without cost to the Developer,and further allow Developer to relocate any such utility at Developer's 120101/1 55214/3 10 cost, including,but not limited to, sanitary sewer and water-mains. Section 14. Subdivision. The City hereby approves the Preliminary Subdivision Plat for the Subject Property prepared by Cemcon Ltd,dated October 16,2006,last revised ,which is attached hereto and made a part hereof as Exhibit H. The City agrees to approve any Final'Subdivision Plat that substantially conforms to the Preliminary Subdivision Plat. The City further agrees to allow Developer to construct multiple buildings on one lot within the subdivision. Section 15. Additional Development. In the event that DEVELOPER seeks the creation and development of additional lots within the Subject Property, such development shall be subject to approvals of the corporate authorities of the City and amendment of the Planned Unit Development Ordinance in accordance with applicable City Ordinances and State law. Section 16. Site and Off-Site Improvements. The Developer shall cause to be constructed as the development is phased those on- site and off-site improvements as specified in this Agreement,and as shown on the plans attached hereto and made a part hereof necessary for each phase only. Section 17. Outdoor Storage and General Provisions. 1. All trash enclosures throughout the development shall be constructed of materials and colors similar and compatible with the principal building served;and 2. All dumpsters shall be located within designated enclosures; and 3. Outdoor storage shall be limited to only those areas designated and approved for outdoor storage as detailed herein and as shown on the Final P.U.D.Plan; 120101/1 5521413 11 and 4. No products or equipment utilized by the healthcare campus shall be stored in a trailer or other similar container within any parking lot, loading area, or behind a building except for during construction within each phase of development; and 5. No snow removal equipment, salt or other de-icing agents for on-site usage shall be stored within any parking lot, loading area, or behind a building without being within an enclosed area; and 6. All construction trailers, offices and temporary construction storage containers shall be removed upon the completion of all construction activity. Section 18. School and Park Donations. No school and/or park donations shall be required for the Subject Property. Section 19. Survival of Zoning Provisions. The PUD zoning and plan approval granted pursuant to this Agreement, and the Planned Unit Development Ordinances contemplated herein shall not terminate,and shall continue in full force and effect unless thereafter amended upon application by Owner,or its successors in interest,or otherwise in accordance with law. The zoning ordinances to be adopted pursuant to this Agreement shall incorporate all material provisions of this Agreement. Section 20. No Waiver or Relinquishment of Right to Enforce Agreement. The failure of any party to this Agreement to insist upon strict and prompt performance of the terms,covenants,agreements,and conditions herein contained,or any of them, upon any other party imposed,shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term,covenant,agreement or condition,but the same shall continue in full force and effect. Section 21. Amendment of Existing City Ordinances and Regulations. 12010(n 55214/3 12 It is the intent and agreement of the parties hereto that,to the extent permitted by law, if any pertinent existing ordinance,resolution,or regulation,or interpretations thereof by the City be in any way inconsistent or in conflict with the provisions of this P.U.D. Agreement, then the provisions of this Agreement shall constitute a lawful binding amendment thereto and shall supersede the terms of said inconsistent ordinances, regulations, resolutions or interpretations thereof,as they may relate to the Subject Property. In the alternative,the City shall promptly amend its ordinances,where applicable, to conform to this Agreement. Section 22. Binding Effect of Agreement. This Agreement and all Exhibits thereto attached or incorporated by reference,shall be binding upon the parties hereto and their respective successors and assigns. Section 23. Severability. If an non-material provision of this Agreement is held invalid by any court of competent jurisdiction,such provision shall be deemed to be exercised here from,and the invalidity thereof shall not affect any of the other provisions of this Agreement which can be given effect without such invalid provision, and,to that end, the provisions of this Agreement are severable. Section 24. Notices. Any notices required or permitted to be sent pursuant to the provisions of this Agreement shall be in writing and shall be sent by certified mail,express mail or hand delivery to the following addresses until written notice of change of address is given,and shall be deemed received on the fourth business day following deposit in the United States Mail, or upon actual receipt, whichever is earlier: If to Owners or Developer: 120101/1 552J413 1 3 Copley Ventures, Inc. Rush-Copley Medical Center Inc. Attention: Bany Finn 2000 Ogden Ave. Aurora, Illinois 60504 With a copies to: John F.Philipchuck,Esq. Dommermuth,Brestal, Cobine, &West Ltd 123 Water Street Naperville,Illinois 60540 (630) 355-5800 Ronald Hem,Esq. Alschuler, Simantz&Hem 1961 W.Downer Place Aurora, Illinois 60506 If to the City: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville,Illinois 60560 With a copy to: John Wyeth, Esq. United City of Yorkville 800 Game Farm Road Yorkville,Illinois 60560 Section 25. Entire Agreement. Except as otherwise expressly provided, this Agreement supersedes all prior agreements,negotiations and exhibits,and is a full integration of the entire agreement of the parties, and may not be amended except by further written agreement duly authorized by the corporate 120101/I 55214/3 14 authorities and parties hereto, or, as applicable, approved by any court having or retaining jurisdiction over the subject matter of this Agreement. The attorneys for the parties may,by mutual agreement, replace or revise the Exhibits hereto to correct typographical errors or errors in legal descriptions prior to recording, and may replace any pages or exhibits containing handwritten corrections with conformed copies thereof. Section 26. Time of the Essence; Good Faith. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed by the parties that the successful implementation of this Agreement requires the continued cooperation and best efforts of all parties. Section 27. City Approval or Direction. Where City approval or direction is required by this Agreement, such approval or direction means the approval of the corporate authorities of the City unless otherwise expressly provided or required by law,and any such approval may be required to be given only after and if all requirements for granting such approvals have been met unless such requirements are inconsistent with this Agreement. Section 28. Singular and Plural. Wherever appropriate in this Agreement, the singular shall include the plural, and plural shall include the singular,unless the context clearly indicates otherwise. Section 29. Section Headings and Subheadings. All Section headings or other headings in this Agreement are for the general aid of the reader and shall not limit the plain meaning or application of any of the provisions thereunder 120101/1 55214/3 15 whether covered or relevant to such heading or not. Section 30. Construction of Agreement. No provision of this Agreement shall be construed more strongly against any party to this Agreement. Section 31. Conflict with Text and Exhibits. In the event of a conflict with the provisions of the text of this Agreement and the Exhibits attached hereto,the Exhibits shall control. Section 32. Execution in Counterparts. This Agreement may be executed in one or more counterparts,each of which may be deemed original and, taken together, shall constitute one and the same instrument. Section 33. Definition of City. Whenever the term City is used herein, it shall be construed as referring to the corporate authorities to the United City of Yorkville, Illinois unless the context clearly indicates otherwise. Section 34. Execution of Agreement; Effective Date. This Agreement shall be executed lastly by the City and the Mayor of the City shall affix the date on which this Agreement is executed on page one hereof, which date shall be the effective date of the Agreement. Section 35. Corporate Capacities. The parties acknowledge that the corporate authorities of the City have approved this Agreement and the Mayor of the City and City Clerk have executed this Agreement in their official capacities and not personally,and that no personal liability of any kind shall attach or extend to said 120101/I 55214/3 1 6 officials on account of any act performed or failed to be performed in connection with the execution and implementation of this Agreement. IN WITNESS WHEREOF,the undersigned parties have executed this agreement this day of ,2006. [EXECUTION PAGES FOLLOW] Prepared by: John F. Philipchuck Dommermuth,Brestal, Cobine&West,Ltd. 123 Water Street Naperville, IL 60540 120101/1 55214/3 17 • UNITED CITY OF YORKVILLE An Illinois Municipal Corporation By: Art Prochaska Jr.,Mayor Attest: City Clerk • 1 120101/1 55214/3 1 8 COPLEY VENTURES,INC. An Illinois Not For Profit Corporation By: Barry C. Finn,President Attest: Secretary I 120101/1 5521413 19 INDEX OF EXHIBITS EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY EXHIBIT B ZONING PLAT EXHIBIT C PRELIMINARY P.U.D. PLAN EXHIBIT D PRELIMINARY BUILDING ELEVATIONS AND ARCHITECTURAL GUIDELINES EXHIBIT E PRELIMINARY LANDSCAPE PLAN EXHIBIT F PRELIMINARY LIGHTING PLAN EXHIBIT G PRELIMINARY SIGNAGE ELEVATIONS AND SIGN CRITERIA EXHIBIT H PRELIMINARY SUBDIVISION PLAT EXHIBIT I PRELIMINARY ENGINEERING PLAN EXHIBIT J PARKING REQUIREMENTS 120101/1 55214/3 EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY 120101/1 55214/3 • LEGAL DESCRIPTION THAT PART OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4; THENCE SOUTH 01 DEGREES 18 MINUTES 14 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST 1/4, 479.42 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 18 MINUTES 14 SECONDS EAST ALONG SAID EAST LINE, 1427.73 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 00 SECONDS WEST, 1327.03 FEET; THENCE NORTH 01 DEGREES 13 MINUTES 50 SECONDS WEST, 1308.64 FEET; THENCE NORTH 88 DEGREES 46 MINUTES 21 SECONDS EAST, 245.00 FEET; THENCE NORTH 01 DEGREES 13 MINUTES 50 SECONDS WEST, 232.61 FEET TO A POINT ON SAID SOUTH RIGHT OF WAY LINE; THENCE SOUTH 85 DEGREES 29 MINUTES 54 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE 1085.62 FEET TO THE POINT.OF BEGINNING, ALL. IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS • • EXHIBIT B ZONING PLAT [REDUCED COPY TO BE ATTACHED] 120101/1 55214/3 ZONING EXHIBIT SHEET 1 Or 1 FOR THE CITY OF YORKVILLE N I11 1 120 80 8 120 iON+�I W IBM mr v nN rrrrr o0) SCALE:I'6120' L s4LE 0i'Ni016 4x4 m %rI (NMOL 425041 CO0NI4 5-0 f.?, • I N g U.S. ROUTE NO f 31 PONT 00 / 991.52' =MOM tJ 127.69' I.Ll �,Dl • 1btO65' LOT1 Ot ' N1FM' f 245.00' 4. J i 109.94' il J gB ;Y c ci R-950.00' 9 L-140.63' 8 I 1 ms c N I R-950.00' 22 L-234.39' 25."= QH 4.99' Efil r E q PARCEL 1 00.,0 (Palm 2) .0 JOHN STREET PROPOSED ZONING h E r CITY OF YORKVILLE P.U.D. ..917, �! (41.0 ACRES C-, 1 m More or Less) 5.q S 3 ar g 4 . ^RF 3 m kub1 30' • o m 6 PARCEL 2 PROPOSED ZONING I OIL OTY OF YORKVILLE P.U.D. (0.5 ACRES e9GIE2rMore or Less) ::_ :yes, en u 1194.02' , 30.00' T TD NI . COIN AT n (MN KENDALL caNT4 4-11 I n .4 4k's0;:t PARCFI DFSC➢1PTI1NS !I W 0 hill PABISELTHAT PPART Or TIE NORTHEAST QUARTER A=TON 30,TOMNAP 37 TORN,RANGE 7 EAST I RCELL Or THE INN PRINCIPAL 401101AN.DESCRIBED AS 00105£ �--.., , CQINENONO AT 194E N 91650S1 CORNER OF PROPERTY CONVEYED PER 000IAENT 696707, THENCEi MESIFRLY,93.34 FEET ALONG THE 0410 UNE 00 LL9077 S 34 TO UNE PONT 6F 72324 00099RRR TOIL SOUTHEASTERLY,127.59 FEET AWNS A UNE FOLING AN ANGLE 00 136 DEONIS ID WOES 55=CMS MTH THE TESIGLY 111111001 Cr THE LAST 0ESCRIBED -- COURSE,AS REARMED DOWER OF 134 D 1)6901010 TNTER0 0 SECONDS 100.94 MET - CALONGOURS ALINE FORMING AN COUNTER C MII DEARS 56:TIM 5,SOUTHERLY PONTTIE LAST 72 --- THENCE CORY,AS 63 FOCID COUNTAQLOLOSE OEREFRQH,TO A T Cr F 900.0 E; THENCE SOUT ERLY,14051 FEET ALCM A CURVE TO THE LEFT),VNO A RHONE O 860.0 FEET TDA PONT OF TANOENCT TONE SOUTHERLY.21066 FEET TO A POINT OF CURVATURE: ' 21 TENCE SOUTHERLY,260.06 FEET ALONG A CURVE TO TE 6 F NALMD A RADIUS Of 10500 FEET TO A POINT074 O'TANGENCY,SENO:SON106T 630.26 REI:00042 422811 0 1194.02 FEEL,MORE OF LESS ALC.A UNE N.M.M MOS OF 90 11795. 12 IMA/TES 27 ,A SECONDS WTI UNE LAST DESCRIBED CORY,AS MEASURED CCNIN85.23 SE THEREFROM 10 A PONT N THE EAST LAE OF FDI ILL WT S SAD PONT BEING 1585.83 FEET,MORE OR LESS LI SOUTHERLY OF 111E SOUTH UNE DE U.S.ROUTE 34.ASTNOM ALOE THE EAST LIM Of FOX I 6 5 HILL UNITS 6 AND 6: ORCE NORTHER 130564 R44.OD ET NTUE EAST INE OF SAD 91416: 13 19 THENCE EASTERLY,245DN 00 FEET ALO A A WE ROMIG.M ANGLE OF 89 DEGREES 59 5944110M 40 SECCDS WM TE UST DESCRIBED CORSE.AS MEASURED TO TINCLOIXWSE 00 OM: 5011! 1904LY,232.51 FEET PARALLEL MM SAD CASH WE TO TNF SOUTH UNE Or U.S.U ROUTE 34;THENCE EASTERLY,091.52 FEET ALONG SAID SOUTH WE TO THE POM Cr VENDING,N KONALL MUNN.THINGS CBBEF L MAT PART OF THE NORTHEAST WAITER OF SECTOR 30,TIN NRi 37 NORTH,RANGE 7 EAST OF TE TED PRINCIPAL MOUNAN,DESCRIBED AS FOLNIN COMMEN040 AT THE NORTITEST CORNER OF PROPERTY MOEYW PER DONNE,.506707; MENGE SOUTHERLY.561.13 FEET ALONG ME REST 191 O PROPERTY PER DOCUMENT 696107 TO INC PONT OF KONNO THENCE 5000RLY.6NU51 RET 4.1O10 SAD TEST UNE MD THE EXTENSION WREN;1401CC MESTERLY,30.0 ALONG A WE FORMING M ANGLE O 00 DEGREES 12 MIMES 27 SECONDS MM THE LAST INSCRIBED CONN,AS MEASURED 000NTER0.0CGWSE THEREFROM;INENCE NORTHERLY,62292 FEET PARALLEL WM SARI TEST LNE TO A PONT Or CURVATURE THENCE NORTHERLY.234.39 RET M0910 A CURVE TO INE RIGHT,NAMNG A RMNS OF 650.0 RET TO A PONT Cr TANGENCY,TOCCE NORTEALY.4.99 FEET TO INE POINT O BEGINNING,N KENDALL WANTY,ROMMS. CEMCON, Ltd. 2290 000..„....,.1..1CIRCLE- 710 000 k Pbnn4n p) TIRO AMIE ONI 8050WIN UCO AURORA.RUIRDG m5os-ae3 •-maik 0)DD862-2100 MI r (5101 9e2-2199 mom MSC N0.:R:\903567 FRE NAE:E.OAI S/20NNO.e.G MAIM O:11.0.2 FCD.90./PO.NO.: N/A COMPLETION DATE:10-20-06 .DB NO.:903.967 12-13-06/MI6 MOND 20110 ADJACENT O1NERs (40001 02004 0,444.1w 41440 444+0. • EXHIBIT C PRELIMINARY P.U.D. PLAN [REDUCED COPY TO BE ATTACHED] 120101/1 55214/3 ,,N PRELIMINARY P .U.D . 4,v `',,. , 60560 i4 ,-: - 1 RUSH - COPL EY HEALTHCARE CENTER PROJECT GOA} IN... worocosa DI%110=.ag19ra19n a,KRARMEA R/D TEE,s M MO PRw1nx=114 MONDE M t'• rPIDAY rM19Nw AT DIE IMRILIEMT arO01 O MD xCR1EMT 1/k HNE E=M a MORELS l!11015811 40ax¢ LOCA, ON .-E'IP .� ry_ y ALaa TKlag C SAID.SO.M.MK AOT.m A 14 a IME CAST RE.A WY M1¢LLD ME. 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IE SSI =011011031 0O0: 11-01-00 JOS TO,:E00E0 m Pul1M % Iw.l nE0 0030 MEM 15531330: ` .`ro DIM 11-15-3.32 xL•A-N rn x0.01710700 cow T :a1-WI 1 NILESNI ES N R.noE IxlxxN 414.1...3...u....w.,...L EXHIBIT D PRELIMINARY BUILDING ELEVATIONS AND ARCHITECTURAL GUIDELINES [REDUCED COPY TO BE ATTACHED] Architectural Guidelines United City of Yorkville Appearance Code li 120101/1 55214/3 Anderson O 0 * o me i . 0 0 0 8 0 0 ea T°: Q o 0 o 0 o 0 Mikos Architects ltd. F ..•- a.�• o...: .s- s..- ..r ..a .• s 1,r i.a• ,tw - '� r� - 9- o..ra.ual .., .... �w� „::::::..7ita 6' ..°+o'A roe,in 22nd e,.,<c s.o.ion I--, 4 ---. _ 1 :e9 r Lx-._ b ��' i ,.1 v �' Il°knrm4'ferrac..Illinois titilRl .. —_ �.... I• I .,, �A .—..�.�...�4 O �”` "� 6���jam' .—� i � {p Tel.6\U i"lt_GIJ4 4114 \\\ `\\. \ .,. .:. 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T 1 I I • t 1 , . , • :„.„...„.„,.....„.„.„ , . . . .. ......... 5 . , ..• t , - t...,..... ..• ,,,......... „_ • • Check. 0 .. .;.;;;''' ,.4.-.4 al ea Ea wa ma 43 OEM"' S %--2,—..' • .• : , . ..;-::','..?':"'•""•%".•-til • • I , • : . • I , 411 , ....-•.... , ..1 .-----. I , • .:0... .11i, i .• .• . ' . i GPI.RAGIR1(INGE .,..... o Ilk: 1 I I I I 1 • 1 . „ „ . .., ; ; PLAN 4 SECTION ) Ulh Y;.. .1 I 1 i 1 . • • 0 LEVELS PLAN (...v.." Iv PG-2 • Exhibit "A" Title 8, Building Regulations New Chapter 15 APPEARANCE CODE OBJECTIVES 1. The fostering of: a. Sound and harmonious design of new buildings and sites. b. Greater interest in the development and redevelopment of business and industrial areas with an emphasis on appearance as it relates to each specific project,its surroundings and the community,by giving encouragement,guidance and direction. c. Better maintenance of properties through encouragement of preservation, upkeep,protection and care. d. Greater public interest and enthusiasm in overall community beauty, appearance,cleanliness and order. 2. Establish standards for new construction and development with respect to, but not limited to,buildings, streetscapes and landscapes. 3. Encourage creative non-monotonous community designs utilizing design professionals. IL APPLICABILITY 1. The provisions of this code shall apply to: a. building permits for new construction applied for after the execution of the Ordinance,and/or b. building permits for additions to existing commercial or industrial buildings where the permit is applied for after the execution of the ordinance and where the cumulative addition(s)are equal to 10%of the floor area or 200 sq. ft., whichever is more and/or c. The standards in this code shall be pro-rated when being applied to additions to all principal buildings or major re-construction (i.e., 25% of the façade is removed and/or different type of facade material is used and/or if the size of windows/doors are being modified by more than 25%) done to non-residential or attached single family or multi-family buildings 1 APPEARANCE CODE d. Additions and/or major facade work shall be assessed on a cumulative basis (i.e., if a 10 percent modification is conducted at one time and later another 10 percent modification is made, the cumulative impact is 20% and therefore, a 20%compliance ratio is expected.) 2. The provisions of this code shall not apply to: a. This code shall not apply to industrial accessory structures. However,all accessory structures should compliment the main structure. b. This code shall not apply to those buildings where siding is being replaced with similar siding materials. c. Provisions of this Code shall not apply to any PUDs already approved prior to the adoption of this Code unless so stipulated in the PUD 3. The provisions of this code shall be deferred until May 1,2009, for lots located within the Fox Industrial Park. III. PROCEDURES 1. The City Building Official, or his/her designee,shall review the plan and/or drawing of the exterior design of every building and site to be constructed in the City for compliance with this code,prior to the issuance of a building permit. Building permits shall only be issued upon authorization of the City Building Official. 2. Any appeals to this Code or the City Building Official's determination of compliance with this code, shall be made in writing and submitted to the City Building Official. The City Building Official shall direct such requests to the Facade Committee,who shall make a recommendation to the City Council. The City Council's decision shall be final. 3. The Façade Committee shall consider the following points prior to providing the City Council with a written recommendation: a. Will the objectives outlines in Section I be met if the requested deviations are granted? b. Is there a particular physical condition of the specific property and/or building(s)involved that would create a particular hardship to the owner,as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out? c. Will granting the requested deviation from these regulations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? 2 APPEARANCE CODE d. Will granting the requested deviation impair an adequate supply of Iight and air to buildings on the subject property or to the adjacent property? e. Will granting the requested deviation increase the danger to the public safety,or substantially diminish or impair property values within the neighborhood? IV. DEFINITIONS 1. Across the Street: A lot with a side yard property line,when projected across the street, intersects the front property line of the subject lot. 3. Adjacent To: defined as lots sharing a side yard property line. 4. Contiguous lot: Shares a common property line extended across the street with such lot. 5. Front Facade: the net surface area,excluding windows, doors and garages that faces a street and includes a main entry to the building. 6. Major Architectural Features: Covered porches,Boxed-out Bays/Projections:Decorative Dormers,Juliet Balconies,Metal Roofs. [10% credit for eachl 6. Masonry Products: brick, stone,split face brick or architectural blocks. 7. Premium Siding Material: Masonry Products cultured stone,natural wood siding and synthetic stucco V. CRITERIA FOR APPEARANCE 1. General Creativity and ingenuity in applying the standards and guidelines listed in this Code are encouraged. Likewise, ingenuity and creativity,while considering deviations to the standards and guidelines of this Code,are encouraged. 2. Landscape and Site Treatment a. The provisions of the City of Yorkville's Landscape Ordinance shall apply. b. Exterior lighting,when used,shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness and brilliant colors avoided. Maximum illumination at the property line shall not exceed 0.1 footcandles and no glare shall spill onto adjacent properties or right-of-ways. 3 APPEARANCE CODE c. The provisions of the Ordinance in regards to bulk regulations,standards and off-street parking;relating to trees and shrubs; all other Ordinances, or portions of Ordinances,which directly affect appearance, shall be a part of the criteria of this sub-section. 3. Residential a. Single-family detached and Duplexes (1) Unless stated otherwise within this ordinance,no residential dwellings shall be similar in appearance unless two or more buildings of dissimilar design separate the buildings. (2) A newly constructed residential building shall be dissimilar in appearance to another residential building across the street from,or adjacent to the newly constructed building. (3) A residential dwelling on a corner lot is not considered similar to one adjacent to it if the two dwellings face different streets. (4) On cul-de-sacs not more than two dwellings shall be similar in appearance on any lots having front lot lines contributing to the arc of the cul-de-sac. (5) For the purpose of this section,"similar in appearance"shall mean a residential building,which is identical to another, in combination with any four or more of the following architectural characteristics: (a) Roof type(gable,hip mansard, gambrel,flat,combination). (b) Height of roof ridge above finished grade of property. (c) Dimensions(height and length)and shape of the facades facing the front lot line. (d) Locations and sizes of windows,doors(including garage doors)and ornamental work on the façade facing a front lot line. (e) Type of façade,materials(i.e.,brick veneer, lapped horizontal siding,half timber, board and batten,shakes,etc.)on the façade facing a lot line. (f) Porch Dimension and elevation treatment. (6) A building is considered dissimilar when less than four of the above characteristics exist among subject dwellings. b. Single-family attached and Multiple-family The intent of this Ordinance,specifically pertaining to single-family attached and multi- family buildings, is to create a"sense of community". This can be achieved through careful site planning as well as thoughtful building design and color selections. 4 APPEARANCE CODE (I) The building footprint of single-family attached and multi-family buildings can be the same. However,the façade treatments must vary between buildings that are adjacent to one another. Façade variations may include building materials or colors in any one or more of the following: (a) Siding (b) Masonry (c) Roof (d) Paint/Stain (e) Doors (2) Sites where requested setbacks and yards are less than the minimum zoning district requirements must provide an interesting relationship between buildings. (3) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms and other innovative means so as to largely screen parking areas from view from public ways. (4) The height and scale of each building shall be compatible with its site and adjoining buildings. (5) Newly installed utility services,and service revisions necessitated by exterior alterations, shall be underground. (6) The architectural character of the building shall be in keeping with the topographical dictates of the site. (7) Masonry Products shall be incorporated on the front facade of at least 75%of the total buildings in the approved community,and shall incorporate a minimum of 50%Premium Siding material on the front facade. No less than half(25%of the total)of the minimum "Premium Siding"requirements must incorporate Masonry Products. Credit toward the remaining"Premium Siding"requirement can be earned via the use of Major Architectural Features. Each Major Architectural Feature used will earn a credit of 10% towards the calculation of the minimum Premium Siding Requirement. Example: A building with 30%masonry on the front elevation will require the use of two"major architectural features"(10%+ 10%=20%)to comply with the total"50%Premium Siding material on the front facade". (8) Pedestrian features/amenities,such as covered walkways, street furniture,and bicycle rack facilities are encouraged. (9) Common open space and outdoor features are encouraged. 5 APPEARANCE CODE 4. Non-Residential a. General Provisions (1) Relationship of Buildings to Site (a) The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting, pedestrian movement,and parking area. (b) Site planning in which setbacks and yards are in excess of the minimum zoning district requirement is encouraged to provide an interesting relationship between buildings. (c) Newly installed utility services, and service revisions necessitated by exterior alterations,shall be underground. (d) The architectural character of the building shall be in keeping with the topographical dictates of the site. (e) In relating buildings to the site,the provisions of the Zoning 1 Ordinance in regard to bulk regulations,standards, and off- street parking shall be part of these criteria.This shall also apply to sub-section 2 which follows. (2) Relationship of Site to Adjoining Area (a) Adjacent buildings of different architectural styles shall be made compatible by such means as screens,site breaks and materials. (b) Attractive landscape transition to adjoining properties shall be provided. (c) Harmony in texture, lines and masses is required. (d) The height and scale of each building shall be compatible with its site and adjoining buildings. b. Building Design (1) Commercial,Office and Institutional Uses (a) Guidelines for sites that have existing buildings I. When adding an addition, distinct color variation to an existing building is prohibited. 6 APPEARANCE CODE 2. When a site abuts a county,state or federal highway, and when an existing building is modified,the property owner shall be required, to the greatest extent possible,to meet the standards set forth below for the entire building. 3. If an additional building(s) is placed on the site,the additional building(s)shall,to the greatest extent possible,compliment the architectural style of the principal building. 4. Any additional building(s)placed on the site shall,to the greatest extent possible,compliment the materials and/or colors of the principal building on the site. (b) Guidelines for unbuilt sites (1) Masonry Products or Pre-Cast shall be incorporated on at least 50%of the total building,as broken down as follows: The front facade shall itself incorporate Masonry Products or Pre-Cast concrete on at least 50%of the façade. Any other facade that abuts a street shall incorporate Masonry Products. The use Masonry Products or Pre-Cast concrete is encouraged on the remaining facades. (2) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Use of windows or the impression of windows on all sides of the building and the utilization of a campus-style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development,to prevent monotony,and to improve the aesthetic quality of the development. (3) The height and scale of each building shall be compatible with its site and adjoining buildings. (4) Outlots shall reflect the style,materials,and/or design elements of the main building. In cases where the main building does not meet the design guidelines and standards(i.e., in terms of visual design materials and layout of the building),new outlot development proposals will be reviewed using the guidelines and standards contained in this document. (5) Pedestrian scale features/amenities,such as solid-colored awnings, covered walkways,windows, street furniture;bicycle rack facilities and clearly defined entranceways are encouraged. (6) Common open space and outdoor seating areas are encouraged within commercial,office and institutional developments. 7 APPEARANCE CODE (7) The location of parking lots in a manner that is logical,safe and pedestrian friendly is encouraged. In this respect,the location of parking lots in the rear or side of a building is encouraged. (8) Parking areas shall be treated with decorative elements,building wall extensions,plantings,berms and other innovative means so as to largely screen parking areas from view of public ways. (9) The location of drive-through facilities,including drive-through lanes, bypass lanes,and service windows, adjacent to a public right-of-way are not desirable and are discouraged. (10) Loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right-of-way. (c) Standards (1) All commercial, office and institutional buildings shall consist of solid and durable façade materials and be compatible with the character and scale of the surrounding area. (2) Masonry Products shall not be painted. (3) Trash enclosures shall be located in areas that are easily accessible by service vehicles,but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial,office or institutional building is required. (4) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines,are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate and shall be maintained year round. (5) When loading bays are placed where they can be viewed from a County, State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road, landscaping between the building and the street shall be such that within five(5) years of installing the landscaping, it can be reasonably assumed that the bay doors will screened from the road. 8 APPEARANCE CODE 5. Industrial Uses a. Guidelines (1) Masonry Products or Pre-Cast concrete shall be incorporated on at least 50%of the total building, as broken down as follows: The front façade(defined as that facade that faces a street that includes a main entry to the building) shall itself incorporate Masonry Products or Pre-Cast concrete on at least 50%of the facade. Any other façade that abuts a street shall incorporate Masonry Products or Pre-Cast concrete. The use of Masonry Products or Pre- Cast concrete is encouraged on the remaining facades. Where pre-cast concrete panels or split-face block is utilized,the use of colors,patterns,or other architectural features within these panels/blocks is encouraged. (2) Building entryways shall be clearly identified.Building components,such as windows,doors,eaves and parapets shall be in proportion to one another. (3) The location of parking lots in a manner that is logical,safe, and pedestrian friendly is encouraged. In this respect,the location of parking lots in the rear or side of a building is encouraged. (4) Loading bays for industrial uses may be placed along the front of the building or the side(s)abutting a public right-of- way when there is an industrial use across from that façade. Otherwise, loading bays for industrial uses shall be discouraged from being placed in the front of the building or in the area abutting a public right-of-way. When loading bays are placed where they can be viewed from a County, State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road, landscaping between the building and the street shall be such that within five(5)years of installing the landscaping, it can be reasonably assumed that the bay doors will screened from the road. b. Standards (1) Industrial buildings shall consist of solid and durable façade materials and be compatible with the character and scale of the surrounding area. 9 APPEARANCE CODE (2) Industrial buildings with facades greater than 100 feet in length shall incorporate recesses,projections,windows or other ornamental/architectural features along at least thirty percent (30%)of the length of the façade abutting a public street in an effort to break up the mass of the structure. (3) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal industrial building is required. (a) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate. 6. Signs The provisions of this section are meant to supplement the City's Sign Code. All provisions of the Sign Code are in full force. Where conflicts between the two regulations may occur,the more stringent requirement will apply. Wall signs shall be part of the architectural concept. Size, color, lettering,location and arrangement shall be harmonious with the building design,and shall be compatible with signs on adjoining buildings. 10 EXHIBIT E PRELIMINARY LANDSCAPE PLAN [REDUCED COPY TO BE ATTACHED] 1 120101/1 55214/3 Anderson Mikos Architects ltd. O..1.1..Fla l7 W l ld 11.d 8e..,64... Oat...k Tama.1..Y Gill TO 6311•573-51b Dv COO-SO•l17d _____( ::)___cc)____c:(:::)____(:iaxz;L( : 2_._c1) � m c,.w MAMMAL enva Nmw~em .. VETERAN'S PARKWAY W AMA .i► �.� n.IxcwoeaoM..ce��m Rush-Copley !ill . , ��.:--- is oa. 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II RUSH-COPLEY HEALTHCARE CENTER LOT ,11 • _ 200 OGDEN AVENUE 1.29 AC l`Ij - AURORA, IL 80504 I 56.307 S.F. \ (630)978-4972 .,/ _ _ i _ememuutt. / ' 1 CEMCON, Ltd. rma,.M M, 1 Y -------i I ; 'O�O'- •:\17 72701 0 .1 D1aNN r1.1E Soar.M P.nan 3.614&A.Oat O.M..s.x.los ----i ,/ ,/ *11100.1* 4,6I M...O IIrY 00eE10075 M:63D.62=.2000 EAC 0320613100 LOMA A.TOTAL AALT E-00°0.100 0.2.10 5....20..w1.NM.ren 7.O..°.N..10001100 DSC 1K: 20.0.00, 141E MOO: MOA?r pwNN 101: 0.K FID.%/K.MO:o1L/PE KE0 AaAw14 Wean CO0,,ETMN ORE 11-01-06 .126 NO.:203667 s.4400. 0.00 Ac. 0011:P0EM MALT£000R: I J m YM/'R 01,910 00 00 Loa 20 17-15w 001-AOIATX 4aal m fa.ata..0.4 w A.A.a..+0 wu 00`000..000-.00.40100 00....00 wV..r.�M/I+.N.rymluti EXHBIT J PARKING REQUIREMENTS EXHIBIT I 120101/I 55214/3 EXHIBIT"J" PARKING EXHIBIT No. No. No. No. Gross Parking of Land of of of Square Space Parking Use Employees Hospital Physicians Footage Ratio Spaces Beds Required Required Hospital 600 100 460 1 per every 2 300 regular 115 Active employees on Site at 115 one time 1 per every physician 51 1 per every 2 hospital beds plus 1 Retail 40,000 1 per every 300 S.F. of gross 133 floor area Pool 20 2,250 1 per every 20 Area employee 45 1 per every 50 S.F. of pool area Fitness 147,950 2.5 per every Center excludes 1000 S.F. of 592 pool area gross floor area Daycare 20 1 per every 20 Facility employee Total 1424 126610/1 ZONING EXHIBIT SHEET 1 OF 1 FOR THE CITY OF YORKVILLE •N h 120 0 120 181.48 (ZONED.DTI(01 YORKvIt«EARD, 6D LASAUR[u u1H EHnt. ; SCALE:, _120• (ONc0:NERD Lip0OLm10_-r W :I �I N U' Para ROUTE , Pof NO" 34 , CO30ISNC8YBHT DOW OP / 991.52' BEGINNING (PARCEL I) nsioss,3,`'1 127.69' • LOT 245.00' -A, 134vN =g r ri 109.94' p R=950-00' y L=140.83' b ' C) LR 5 ry R=950.00' / L=234.39' g§R5 ' 4.99' POINT OP 'bN0ls PARCEL 1 BEGINNING 2f € _ JOHN STREET PROPOSED ZONING oNO17 g J. CITY OF YORKVILLE P.U.D. S p (41.0 ACRES ¢� �' o More or Less) mix I 00 2 .22 3 gj/ PARCEL 2 PROPOSED ZONING ' 9 \ CITY OF YP.U.D. • (0.5 D ACRES More or Less) 1 �2 2�I NsO-\ 1194.02' , 30.00'\ 10 69 ae rtc. mlS0 1 76 PARGT1 OFSCRIPTIONS Imo_/ o 49 n.AROFPART OF THE NORTHEAST OUARIER OF SECTION 30,TO0PISMP 37 WORTH.RANGE 7 EAST PURCELL OF ME THIRD PRNOPAL HERIMAN.DESCRIBED AS COLLORS; 1000 xCNG AT THE 34PESTS1 CORNER OF PROPERTY CORNERED PER DOCUUENI 896707; 'PENCE WESTERLY,93.34 RET ALONG THE SOUTH OAK R U.S. WT 34 TO THE PONT OF t v 4 DECREES 110610E SOUTHEASTERLY.127,69 FEET KONG LNC FOALING AN ANGLE OF 35 2 000050.10 002000 55 SECONDS NTN INE FESIFR00 EXTENSIONE OF MC LAST DESCRIBED COURSE.AS NCASURED COUNTER GLOOM%TKREFROM:(THENCE SOUTHERLY.109 94 FEET �— LNE FORIRNG AN ANGLER I.DEGREES 55 MINUTES 09 SECONDS NTH L— DESCRIBED COURSE AS MEASURED COUNTERCLOC%MSE THEREFROM,TOA POINT OF CURVATURE; THENCE SOUTHERLY,140.9.1 FEEL KONG A CURVE TO THE LEFT HAVNG A RADIUS OF 950.0 FEEL TO A P0OF TANGENCY;THENCE SOUTHERLY,21005 FEET TOA PONT OF CURVATURE; 3 T THENCE SOUTHERLY. LY.259.06 FEU KONG A CURVE TO TIE LEFT HA,ANG A RADIOS R 10500 10(1 TOA POINT Cr TANGENCY:THENCE SOUTHERLY,630.25 FEET;THENCE WESTERLY,11 4.02 FELT,MORE OF LESS KONG A UNE MOR.*AN 9(04 OF 90 DEGREES 02 u0UTES 27 9 A SECONDS IN TIE LAST DESCRIBED COURSE,AS MEASURED 055TERCLO3 FSE',CRCFROM 0 4 A TOE N THE EAST LK OF FOX HEI UNIT 5.SAD PONT BENG 1565.83 FEET.MORE OR LESS, -- _ 04.0 UNITS 5 AND 9;MENCE *10010.0.1308..FEET K THE CAST LINE OF 5 UNITS;% I 5 n TIERCE EASTERLY,245.00 RET ALONG A UNE FORTING AN ANGLE R 89 DECREES 55 MNIUTES 49 SECONDS TOTH THE LAST DESCRIBED COURSE AS MEASURED COUNIERCLOCNNSE MEREFRON: 'HENCE NORTHERLY,23261 FEET PARALLEL NTH SAD EAST UNE TO THE SOUTH LRE OF V.S. ROUTE 34:THENCE LANKILY,991.52 FEET ALONG SAID SOUTH LNC TO THE ROM IX BFON...N KENDAL COUNTY BLINDS_ PARrFI R THE PALMERID 0.DESK Of ACTION 30.ipAxSHW 37 NOIR'H_PwCf 7 EAST RAMC THIRD PRINCWAI NERIpAN,DCSWIBED AS FOLLOWS; COME..AT THE NORTHWEST CORNER R PROPERTY CONVEYED PER DOCUMENT 890707; THENCE SOU'HERLY,56113 FEET KONG THE WEST LINE OF PROPERTY OM coca.,"89 TO THE Pg11 R BEp0NNG;THENCE 0,30.0 LO 666.66 F[£1 AL SAD NEST LINE AND 1HE DIVISOR'HEREOF:PIERCE WESTERLY,30.0 ALONG A LNE FON ANGLE Or 9D DEGREES MINUTES 27 SECONDS NPH TIC LAST DESCRIBED COURSE.ASS MEASURED Cn10 0015 K TNSE P,M THEREFROM;THENCE NOERLY,829.92 FEEL PARALLEL NTH 510 MST UNE 10 POINT OF CURVATURE: THENCE NORTHERLY,234.39 rEET ALONG A CURVE 10 ME RIGHT,H r, Or 950.0 FEU TOA POINT Or IANGEN,THENCE No RIHERLY,4.99 TE.,10 TNf.PgrlT R BEGNNNG,N KENDALL COUNTY,LIMOS. 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N, j,' + l f.,� C� , . , f it 1 ss a R 0, United City of Yorkville (ast All:_ Yorkville,Illinois 60560 O LI O Phone.630-553-4350 +I,.L-`w2 Fax:6306.3505-3773515350 553 7575 PC # . 10 ,6 APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: Yorkville Market Place Date of Submission: 1. Name of Petitioner(s): TDC Yorkville Shopping Center II, LLC Address: 799 Central Avenue, Suite 300. Highl and Park, TT. fn035 Phone Number: (847) 748-3888 Fax Number: (847) 748-3889 Relationship of Petitioner(s)to subject property: id Owner [] Developer [] Contract Purchaser 2. Name of holder of legal title, if different from#1: If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). Street address and physical location of subject property: southeast corner of Rt. 34 and Rt. 47. b). Legal description of property; attach as Exhibit"A". c). Total Acreage: d). Kendall County Parcel Number(s) of property: e). Current Zoning Classification: , B-3 PUD f). Zoning Classification Requested if changing zoning: 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B".) Page 1 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 5. Date of Annexation or PUD Agreement sought to be amended: March 30, 2001 Name of Agreement: Date of Recording: April 25, 2001 Attach a true and correct copy of agreement as Exhibit"C". 6. State the items to be amended from the existing annexation or PUD agreement. 1) A reduction of the building side yard setback to 20 feet from 50 feet on Lot 9; 2) A reduction of the minimum landscape setback on Lot 9 adjacent to Marketplace Drive from 23 feet to 20 feet. These will be additional deviations to the PUD and amendments to the site plan, landscape plan and plat of subdivision; 3) RebuL.liaisio. of Lot 8 and amcndmcnt3 to all ealriLita to Inflect. L.1. ,.cuLlivibivu of Llii, loL. 7. Contact Information: Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: Attorney: Name: Tracy D. Kasson of Rath-je & Woodward. LLC Address: 300 East Roosevelt Road, Suite 300, Wheaton, IL 60187 Phone Number: (630) 668-8500 Fax Number: (630) 668-9218 Engineer: Name: Address: Phone Number: Fax Number: Land Planner: Name: HKM Architects & Planners. Inc. Address: 43 South Vail Avenue, Arlington Heights. IL 60005 Phone Number: (847) 392-9200 Fax Number: 8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application"Petitioner Route, Step 1, Fees and/or contact the Deputy Clerk for verification of this amount). c. Site Plan(if necessary): 40 sets folded to fit in a 10"x 13"envelope In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Page 2 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2125/04 Date: yftteitikeiriAlkiiliiB0b0owners of record signatures must appear on this application.) By: TDCYaws Sola,L.LC., �7 an Oats LlmbdU blij Convoy,IIdbYnolpIIN ow By: TucianowslopmffitegsalksolaliseqpilliC- Its • 4 BY ;��/i` � Name _ Its ' ? Lv JJ51-A-r i:dl 1'4.� Subscribed and sworn to before me this day of ,200 ea Notary Seal HIS APPLICATION MUST BE NOTARIZED. "OFFICIAL SEAL" STEPHENIE N.WILLEN i ;- NOTARY PUBLIC,STATE OF ILLINOIS i MY COMMISSION EXPIRES 09-25-10 • Page 3 of 5 United City of Yorkville AnsendAnnexation/PUD Application Revised: 225/04 AMENDMENT TO ANNEXATION OR PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation,Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. *Fees: 1. a. Annexation/PUD Amendment- $500 b. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres= $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator,environmental,etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated Step 2: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Step 3: Economic Development Committee:•The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. The Economic Development Committee consists of three(plus one alternate) City Council members. Before this amendment can move forward to Committee of the Whole, a"draft"Amendment to Annexation or PUD Agreement must be written. Step 4: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Step 5: City Council for vote on the amended agreement. Any amendment to an annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Page4 of5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records)to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. • Sip.•ture of Petitioner Page 5 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 LEGAL DESCRIPTION - SOUTH PORTION OF LOT 8 LOT 8 IN YORKVILLE MARKETPLACE, BEING A SUBDIVISION OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED MARCH 7, 2002 AS DOCUMENT 200200005924, EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8;THENCE SOUTH 82 DEGREES 49 MINUTES 12 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 8,A DISTANCE OF 240.21 FEET TO A POINT ON THE WEST LINE OF PROPERTY CONVEYED TO THE STATE OF ILLINOIS PER DOCUMENT 2002000011027;THENCE SOUTH 37 DEGREES 49 MINUTES 12 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 49.50 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF MARKETPLACE DRIVE AS DEDICATED PER DOCUMENT 200100009116;THENCE SOUTH 07 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 138.01 FEET;THENCE NORTH 82 DEGREES 49 MINUTES 12 SECONDS WEST, A DISTANCE OF 275.21 FEET TO THE WEST LINE OF SAID LOT 8; THENCE NORTH 07 DEGREES 10 MINUTES 48 SECONDS EAST ALONG SAID WEST LINE,A DISTANCE OF 173.01 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. LOT 9 LEGAL LOT 9 IN YORKVILLE MARKETPLACE, BEING A SUBDIVISION OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 7, 2002, PER DOCUMENT NO. 200200005924, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. United City of Yorkville Memo 800 Game Farm Road EST. ' ' 1836 Yorkville, Illinois 60560 ,4 ` Telephone: 630-553-8545 o �_' o Fax: 630-553-3436 NtE ‘N's Date: January 3, 2007 To: Plan Commission From: Travis Miller,Community Development Director CC: Susan Bach(for distribution to Petitioner and Plan Commission) Subject: Yorkville Marketplace—PUD Amendment Background: The current PUD Agreement for the Yorkville Marketplace was approved March 30, 2001 and recorded April 25,2001. A copy of the current agreement text are attached for your reference. The request is to amend the current PUD Agreement. Per Section 4 A.i of the current PUD Agreement, this request is a Major Change and requires public hearing and Plan Commission recommendation prior to City Council consideration. Request To amend the current PUD agreement to allow: 1. A 30 feet reduction of the building side yard setback(from 50 feet to 20 feet) on Lot 9; 2. A 3 feet reduction of the required landscape bufferyard(from 23 feet to 20 feet). The amendments requested are all to exhibits of the current PUD agreement and include: Exhibit B-1 —PUD Plan Exhibit C-1 —Lot 1 through 5 PUD Site Plan Exhibit C-2—Lots 8 through 9 Final Landscape Plan Note: original Exhibit C-2 included just Lots 1-5 therefore the new exhibit proposed is not an amendment to the existing exhibit,rather an addition to it. The petition also includes: 1. A Plat of Abrogation which will abrogate the current 50' side yard setback line of Lot 9 upon approval and includes the proposed 20' setback line Exhibit C-2-Lots 8 thru 9 Landscape Plan Review General Comments: 1) Label zoning of surrounding properties. 2) Show width of all landscape buffer yards. 3) Indicate the location of all freestanding structures including overhead lights, fire hydrants,manholes, etc. Trees shall have a minimum spacing of 20 feet from all freestanding structures. 4) The shade trees that are shown almost directly on top of the sidewalk along Marketplace Drive shall be moved to the parkway or grass lawn. Buffer yards: 5) A five foot buffer yard is required between adjacent properties. This pertains to the rectangular site along Veterans Parkway(Ace Hardware)and should be a continuation of the Lots 1 thru 5 landscape plan. Two shade trees and 15 shrubs are required per 100 lineal feet of buffer yard. 6) A required 30' buffer yard between the parking lot and Marketplace Drive is required with 2 shade, 5 evergreen, and 3 ornamental trees per 100 lineal feet. Plant list: 7) Acer x freemanii is not an approved shade tree and shall be removed from the landscape plan and replaced with a different species. 8) The plan quantities and the plant list do not match under the following species: Prairiefire Crab, Dwarf Burningbush,Anthony Waterer Spirea, Arrowwood Viburnum,Feather Reed Grass,Fountain Grass. •fi) r o United City of Yorkville Memo 4 a a 800 Game Farm Road EST. °. ` 1836 Yorkville, Illinois 60560 � Telephone: 630-553-8545 -6 I 0 Fax: 630-553-3436 117 CCE % Date: January 3,2007 To: Plan Commission From: Travis Miller, Community Development Director CC: Susan Bach(for distribution to Petitioner and Plan Commission) Subject: Yorkville Marketplace—PUD Amendment Background: The current PUD Agreement for the Yorkville Marketplace was approved March 30, 2001 and recorded April 25,2001. A copy of the current agreement text are attached for your reference. The request is to amend the current PUD Agreement. Per Section 4 A.i of the current PUD Agreement,this request is a Major Change and requires public hearing and Plan Commission recommendation prior to City Council consideration. Request To amend the current PUD agreement to allow: 1. A 30 feet reduction of the building side yard setback(from 50 feet to 20 feet) on Lot 9; 2. A 3 feet reduction of the required landscape bufferyard(from 23 feet to 20 feet). The amendments requested are all to exhibits of the current PUD agreement and include: Exhibit B-1 —PUD Plan Exhibit C-1 —Lot 1 through 5 PUD Site Plan Exhibit C-2—Lots 8 through 9 Final Landscape Plan Note: original Exhibit C-2 included just Lots 1-5 therefore the new exhibit proposed is not an amendment to the existing exhibit,rather an addition to it. The petition also includes: 1. A Plat of Abrogation which will abrogate the current 50' side yard setback line of Lot 9 upon approval and includes the proposed 20' setback line Exhibit C-2-Lots 8 thru 9 Landscape Plan Review General Comments: 1) Label zoning of surrounding properties. 2) Show width of all landscape buffer yards. 3) Indicate the location of all freestanding structures including overhead lights, fire hydrants,manholes, etc. Trees shall have a minimum spacing of 20 feet from all freestanding structures. 4) The shade trees that are shown almost directly on top of the sidewalk along Marketplace Drive shall be moved to the parkway or grass lawn. Buffer yards: 5) A five foot buffer yard is required between adjacent properties. This pertains to the rectangular site along Veterans Parkway(Ace Hardware) and should be a continuation of the Lots 1 thru 5 landscape plan. Two shade trees and 15 shrubs are required per 100 lineal feet of buffer yard. 6) A required 30' buffer yard between the parking lot and Marketplace Drive is required with 2 shade, 5 evergreen, and 3 ornamental trees per 100 lineal feet. Plant list: 7) Acer x freemanii is not an approved shade tree and shall be removed from the landscape plan and replaced with a different species. 8) The plan quantities and the plant list do not match under the following species: Prairiefire Crab,Dwarf Burningbush, Anthony Waterer Spirea, Arrowwood Viburnum,Feather Reed Grass,Fountain Grass. 20010000694 Filed for Record in Revised February 28, 2001 K .NDALL COUNTY, ILLINOIS PAUL ANDERSON 04-25-2001 At 03:27 pm. STATE OF ILLINOIS ) I GREEMEN I 107.00 )ss. ek"A i ‘le r� COUNTY OF KENDALL ) F7g 3i -( dev Og-3 `� PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKILLE AND / t�' JDEv/ LASALLE BANK N.A. SUCCESSOR TRUSTEE TO AMERICAN NATIONAL BANK& TRUST CO. OF CHICAGO AIT/U/T/A DATED JULY 16, 1991 AND KNOWN AS TRUST NO. 114224-09 AND DATED JANUARY 19, 1993 AND KNOWN AS TRUST NO. 116521-04 (TDC YORKVILLE,L.L.C., a Delaware Limited Liability Company) THIS PLANNEIDIUNJT DEVELOPMENT AGREEMENT is made and entered into this day of // I(112AC , 2001, by and between THE UNITED CITY OF YORKVILLE, Yorkville,Illinois a municipal corporation,located in Kendall County,Illinois,hereinafter referred to as"CITY",and LASALLE BANKN.A.SUCCESS OR TRUSTEE TO AMERICAN NATIONAL BANK & TRUST CO. OF CHICAGO A/T/U/T/A DATED JULY 16, 1991 AND KNOWN AS TRUST NO. 114224-09 AND DATED JANUARY 19, 1993 AND KNOWN AS TRUST NO. 116521-04, hereinafter referred to as "OWNER", and TDC YORKVILLE, L.L.C., a Delaware limited liability company,hereinafter referred to as'DEVELOPER",upon the following terms and conditions: WITNESSETH WHEREAS, the OWNER holds legal title to the real property which is currently located within the municipal boundaries of the CITY and described in Exhibit"A" ("PROPERTY')which is attached hereto and made a part hereof; and WHEREAS,the DEVELOPER is desirous of using said PROPERTY described in Exhibit "A"for B-3 Service Business District use,and is desirous of assuring to it that said real property can be used for Service Business District use and all uses set out within this Agreement as attached hereto and incorporated herein as Exhibit"D", and to assure the right lb uses under the B-3 Service Business District as is time-to-time amended by the CITY; and -1- WHEREAS,the CITY has considered the tract of PROPERTY herein described in Exhibit "A"for B-3 Service Business District in order to provide for the orderly development thereof; and WHEREAS,the OWNER and DEVELOPER of the PROPERTY described in Exhibit"A" have requested the CITY to approve this Planned Unit Development Agreement and Final Plat for the PROPERTY; and its Plan Commission has considered the Petition; and the City Council has heretofore approved the proposed land use and the zoning of the same at the request of the OWNER; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which the PROPERTY heretofore described in Exhibit "A" will be developed within the CITY in an orderly manner; and WHEREAS, OWNER and DEVELOPER and their representatives have discussed the proposed Planned Unit Development Agreement and the development of all the PROPERTY and have had public meetings with the Plan Commission, and the City Council; and prior to the execution hereof,notice was duly published and a public hearing was held to consider this Planned Unit Development Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, the Plan Commission and City Council of the United City of Yorkville have further found pursuant to Chapter 10-14-6 F of the City Code that approval of the requested Planned Unit Development, Special Use meets the following standards: (i) The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. (ii) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted,nor substantially diminish and impair property values within the neighborhood. (iii) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (iv) Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. (v) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. -2- (vi) The special use shall in all other respects conform to the applicable regulations of the district in which it is located. (vii) The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. (viii) The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. (ix) That all minimum requirements pertaining to commercial uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this Title, except as may be specifically varied herein granting and establishing a planned development use. NOW THEREFORE,for and in consideration of the mutual promises and covenants herein contained,the parties agree,under the terms and authority provided in 65 ILCS 5/11-15 through 65 ILCS 13.1-1.1, as amended, as follows: SECTION 1. The CITY in consideration of each party being bound by the terms,covenants,and conditions contained herein, upon execution of this Agreement and accompanying Ordinance approving the Planned Unit Development Agreement does hereby approve this Agreement on behalf of the CITY. SECTION 2. DEVELOPMENT OF THE PROPERTY. It is contemplated that the PROPERTY consisting of approximately 19.3 acres will be developed by DEVELOPER as to those portions of the PROPERTY either owned by DEVELOPER or hereafter acquired by DEVELOPER from OWNER. Regardless of whether DEVELOPER or a third party acquires or develops any specific portion of the PROPERTY, the development of the PROPERTY shall be carried out in general conformity with the development standards hereinafter set forth in this Planned Unit Development Agreement and the Combined Planned Unit Development Plans and Final Plans. To the extent of any conflict, ambiguity or inconsistency between the terms, provision or standards contained in this Agreement and the terms, provisions or standards, either presently existing or hereafter adopted,of the City Code,the Zoning Ordinance,Sign Ordinance,Landscape Ordinance, the Subdivision Control Ordinance, as hereinafter identified, or any other City code, ordinance or regulation, (collectively defined herein as "Development Ordinances") the terms, provision and standards of this Agreement shall govern and control. These Development Ordinances shall be the Ordinances that govern this PROPERTY and as to the dates of this Agreement,and any -3- amendment to the Development Ordinances shall not apply to the PROPERTY. Notwithstanding the foregoing, if any City code, ordinance or regulation is hereafter adopted or amended as to life safety issues which are applied uniformly within the CITY said Ordinance shall apply for that purpose to the PROPERTY. All Development Ordinances in effect as of the date of this Ordinance shall continue in effect insofar as they relate to the development of the PROPERTY,except as provided in this Agreement. These Development Ordinances shall be frozen from the date of this Agreement and any amendments to these Development Ordinances shall not apply to the PROPERTY except as stated for life safety issues. Fees and charges may be assessed against the PROPERTY provided any such fee or charge is or shall be collected by the CITY on a uniform basis from all owners, users and developers of property within the CITY. The CITY shall not increase the amount of any fee or charge for building permit fees, occupancy permit fees,plan review fees, inspection fees,utility fees, application fees or use fees for the PROPERTY unless such increases are: (i) made generally applicable to all owners, users and developers of property within the CITY; and (ii) such increases are reasonably related to increased costs incurred by the CITY in providing the services for which such fee is assessed. All landscaping and final grading on individual lots shall be the sole responsibility of the person or entity seeking issuance of the building permit for such improvement or the person or entity (including DEVELOPER)who is owner of an individual lot on the date when such improvements are required to be installed, and DEVELOPER's responsibilities relating to such activity shall be deemed assigned to and accepted by said applicant or owner. All public sidewalks to be installed are identified on the Final Engineering Plan(Exhibit`B-4"). No other sidewalks shall be installed on the PROPERTY by the DEVELOPER or shall be required by the CITY to be installed. Lots established on the PROPERTY are not required to front on a public street. Once commenced,public improvements which the DEVELOPER has received permits for and has begun to install shall be installed within three years after their commencement. The PROPERTY may be developed in phases by the DEVELOPER. There shall be no time limit to commence and complete private development on the PROPERTY. Other than the plans attached to this Agreement, the Plan Commission and City Council shall not review any further plans, including, but not limited to architectural elevations prior to DEVELOPER applying for any permits to construct any buildings on the PROPERTY. A. APPROVED P.U.D. PLANS. The following combined plans for the PROPERTY have been reviewed by the Yorkville Plan Commission and the City Council and are hereby approved by the CITY: (i) P.U.D. Plan(Exhibit`B-1") ("P.U.D. Plan"); (ii) Preliminary Landscape Plan(Exhibit`B-2"); (iii) Freestanding Signage Plan(Exhibit`B-3"); and -4- (iv) Lot 1 through Lot 5 and off-site(for Landmark and Marketplace Drive, Basin B, and any other off-site utility work required) Final Engineering (Exhibit "B-4") The P.U.D.Plan,Freestanding Signage Plan,Perimeter Landscape Plan and the Final Engineering are sometimes referred to collectively as the"Combined P.U.D.Plans". The Combined P.U.D.Plans are approved by the CITY in their entirety and any provision or requirement contained in any ordinance, regulation, directive or procedure of the CITY exclusive of this Agreement, in conflict with any aspect or element of the Combined P.U.D. Plans shall be deemed varied hereby so as to conform with and permit the development, use, maintenance and operation of the PROPERTY in substantial conformity with the Combined P.U.D. Plans. All references in this Agreement to a lot number(i.e.,Lot 1,Lot 2,etc.)shall mean the corresponding lot as identified on the Final Plat of Subdivision and P.U.D. Plan. B. DEVELOPER has represented to the CITY and the CITY acknowledges that the lots identified on the Final Plat of Subdivision niay be changed in the future. Any Final Plat of Subdivision("Final Plat")shall be in substantial conformance with the P.U.D.Plan if the Final Plat meets the bulk lot standards as provided in Section Two of the Agreement. Changing the location of the lot lines shall not be considered a change of the P.U.D.Plan or this Agreement so long as the Final Plat meets the bulk standards as provided in Section Two of this Agreement. There shall be a time limit of twenty(20)years between approval of the P.U.D. Plan and submission of the Final Plat for approval by the CITY. DEVELOPER shall have the right to subdivide and resubdivide the PROPERTY into lot configurations other than as shown on the P.U.D. Plan or Final Plat of Subdivision, so long as each such lot so platted complies with the requirements of the Yorkville Municipal Code, except as amended by or otherwise provided in this Agreement. A resubdivision of any approved final plat of subdivision shall not be considered a change to the final plat. C. APPROVED FINAL PLANS The following combined final plans for Lots 1 through 5 on the PROPERTY have been reviewed by the City and are hereby approved by the City: (i) Lot 1 through Lot 5 P.U.D. Site Plan(Exhibit"C-1") (ii) Lot 1 through Lot 5 Final Landscape Plan(Exhibit"C-2") (iii) P.U.D. Signage Plan and Jewel/Osco wall signage (Exhibit"C-3") (iv) Lot 1 through Lot 5 and off-site (for Landmark and Marketplace Drive, Basin B, and any other off-site utility work required) Final Engineering (Exhibit`B-4") (v) Lot 1 through 9 Final Plat of Subdivision(Exhibit"C-5") (vi) Jewel/Osco and Shops building elevations (Exhibit"C-6") -5- The Lot 1 through Lot 5 Site Plan,Landscape Plan,Signage Plan,Final Engineering, and the Lot 1 through 9 Final Plat of Subdivision are sometimes referred to collectively as the"Lot 1 through 5 Final Plans". The Lot 1 through 5 Final Plans are approved by the CITY in their entirety. No other plans are required to be reviewed or approved by the CITY as a condition precedent to DEVELOPER applying for and receiving grading,foundation,building and occupancy permits on Lots 1 through 5 including the expansion of the Jewel building shown on Exhibit"C-1", provided DEVELOPER complies with all requirements for obtaining such permits as provided in the City Codes, except as amended by this Agreement. The Lots 1 through 5 Final Plans are approved by the CITY in their entirety and any provision or requirement contained in any ordinance, regulation, directive or procedure of the CITY exclusive of this Agreement, in conflict with any aspect or element of the Lots 1 through 5 Final Plans shall be deemed varied hereby so as to conform with and permit the development,use,maintenance and operation of the PROPERTY in substantial conformity with the Lots 1 through 5 Final Plans. D. RESUBDIVISION Any lot may be resubdivided in conformance with the Plat Act from time to time into two or more lots after or concurrently with the initial final plat of subdivision for each such lot. In the event,however,following the approval and recordation of the initial plat of subdivision of each Lot contained within the PROPERTY,DEVELOPER shall be entitled to resubdivide each such lot without further Plan Commission review provided the following conditions are met: (i) All resubdivided lots shall comply with the standards of this Ordinance; (ii) Each resubdivided lot shall have access by way of fee title or easements in form reasonably acceptable to the CITY to: 1. A public street for ingress and egress; 2. Water mains; 3. Sanitary sewers; 4. Storm sewers; 5. Electric distribution facilities; and 6. Such other public utilities as maybe necessary and appropriate for the use and occupancy of such subdivided lot. (iii) Utilities for which easements or ownership shall be necessary as set forth in (ii), above, shall be installed and accepted or collateralized in accordance with the Yorkville Municipal Code. (iv) Each subdivided lot shall have sufficient off-street parking located thereon as provided in the Yorkville Ordinance or have access to and use of off-street parking on other portions of the PROPERTY by way of easements as provided in Section 2H(ii). -6- E. ARCHITECTURAL ELEMENTS Review by the City Staff of the Exterior Building Elevations for Lots 6-9 shall be limited solely to conformance of the Building Elevations with BOCA Code requirements. The CITY represents that the Elevations for Lots 1-5 comply with BOCA Code requirements and are approved by the staff. Any changes to the elevations for Lots 1-5 prior to receipt of a building permit shall be reviewed and approved by staff if the revised elevations comply with BOCA code requirements. The CITY shall not have the authority to require DEVELOPER to make any other changes or modifications to the Exterior Building Elevations. Any Building or Buildings constructed on any lot may be constructed in phases and a portion of the Building may be occupied if it meets all applicable ordinances for occupancy. DEVELOPER has represented to the CITY and CITY acknowledges that the exterior of the Buildings constructed on the PROPERTY, other than the rear wall, shall be constructed of ornamental masonry units,such as face brick or split face,storefront aluminum and glass,or drive-it. The DEVELOPER has represented to the CITY and CITY acknowledges that the Buildings constructed on the PROPERTY may contain a flat roof. F. CONSTRUCTION OF BUILDINGS AND APPURTENANCES ON THE PROPERTY FOR LOTS 6-9. Provided a final plat of subdivision and final engineering plans and final plans have been approved by the CITY for Lots 6,7, 8 or 9 within the PROPERTY,DEVELOPER, and their respective successors and assigns,shall have the right to construct buildings,parking lots,driveways, utility lines and other appropriate improvements within such lot,provided the same comply with the Yorkville Municipal Code,or otherwise provided in this Agreement. The party seeking to construct such improvements upon such subdivided lot(Lot 6 through 9)shall first obtain a building permit, and such other required permits in compliance with the applicable provisions of the Yorkville Municipal Code. In addition to the normal building permit review documents required to be submitted by the applicant therefor,the applicant shall further submit to the City Staff: 1)a final site plan and final landscape plan for the development,showing the location of any buildings and parking areas and their setbacks,together with the interior lot landscaping for the development; and 2) sign plans identifying the location, size, and design of all signs to be utilized within such proposed development (collectively"Additional Plans or Materials"). Additional Plans and Materials shall be reviewed in the same manner as a building permit review, within the same time period as provided in Section 11 of the Agreement and shall not require additional review or action by the City Council, Plan Commission or other elected or appointed board or commission of the CITY. DEVELOPER or applicant may submit the Additional Plans and Materials to the City Staff for review and approval prior to submitting the other plans and materials required for building permit review. If the DEVELOPER's building permit application is denied by the appropriate City Staff administrator within the time limit provided in Section 11 of this Agreement,then the DEVELOPER or CITY shall be entitled to pursue any and all legal and equitable relief. -7- G. LAND USE FOR THE PROPERTY Except as otherwise provided in this Agreement, the development and use of the PROPERTY shall comply with the standards established under the"B-3" zoning classification as set forth in the Yorkville Municipal Code. If there is any conflict between the regulations of the Yorkville Municipal Code, as amended from time to time,this Agreement shall govern,as provided by Section 2 and 5 of this Agreement. (i) Uses. Those uses listed in Exhibit "D" attached hereto shall constitute permitted uses or special uses on the PROPERTY(individually a"Permitted Use" and collectively the"Permitted Uses"). Any uses not listed in Exhibit "D"shall be deemed special uses and shall require subsequent application by the applicable owner pursuant to provisions for special use under the Yorkville Municipal Code. The permitted uses and special uses listed in Exhibit"D"shall survive any amendments to the Yorkville Municipal Code. Any application for Special Use shall be processed in conformance with the Yorkville Municipal Code. (ii) Maximum Floor Area Ratio. None (iii) Minimum Lot Area. 5,000 square feet. (iv) Minimum Lot Width. None (v) Minimum Lot Depth. None (vi) Maximum Lot Coverage None (vii) Building Height. The maximum height of any building or structure shall be 35 feet to the top of the parapet wall, exclusive of the screened rooftop mechanical equipment and its aesthetic architectural features as measured from the average finished ground level at the perimeter of the building. If the Yorkville Kendall Fire Department acquires equipment that allows it to serve buildings up to forty feet (40') in height, the CITY shall permit a forty foot (40')in height restriction on the PROPERTY.Any flags and flagpoles erected on any zoning lot shall be limited in size so as to be compatible in relation to the size or the building or structure located on said zoning lot, but in any event the flagpole height shall not exceed thirty(30) feet. (viii) Setback and Yard Requirements. Building and Landscaping setback requirements from public street rights-of-way, roadway easements and adjacent land uses for each lot within the PROPERTY shall be as identified on the P.U.D. Plan attached as Exhibit `B-1". If IDOT requests -8- DEVELOPER to convey property or condemns property for additional right- of-way, the required setbacks for the PROPERTY as shown on the P.U.D. Plan shall always be measured from the existing property line so that the PROPERTY shall continue to comply with this Agreement and shall not be considered non-conforming by the CITY. Setbacks not provided on the P.U.D. Plan shall be as follows: Yard Building Setback Parking Setback Landscape setback Front 0 0 0 Rear 0 0 0 Side 0 0 0 In addition,if any additional property adjoining the PROPERTY is purchased by the DEVELOPER, the front, side and rear yards that do not adjoin a public street or other property owned by others for all lots owned by the DEVELOPER shall contain a building,parking and landscape setback of 0 feet. (ix) Number of Buildings. Each zoning lot may contain one principal building, together with any accessory uses. (x) Signage. DEVELOPER, its grantees, successors and assigns, shall be permitted to construct,operate and maintain temporary and permanent signs upon the various portions of the PROPERTY owned or controlled by it pursuant to a written agreement or easement. Four ground signs, as depicted on Exhibit"B-3"and located adjacent to the PROPERTY and not owned by the DEVELOPER, as identified in the P.U.D. Plan, are approved, together with the wall signage for Lot 1. All other signage for the PROPERTY shall comply with the Yorkville sign ordinance, and each Lot shall be permitted one ground or pole sign in addition to the off-site ground signs approved in Exhibit `B-3". This provision does not apply to directional signage which each lot shall be permitted,in accordance with the Yorkville Sign Ordinance. DEVELOPER shall be permitted to provide internal and external lighting of any ground or pole signs. H. PARKING AND LOADING BERTH REQUIREMENTS Off-street parking and loading spaces shall be provided in accordance with the following: -9- Except as expressly deviated in this Agreement, the off-street parking regulations shall be governed by the regulations provided in Section 10-11-1, 10-11-2 and 10-11-3 of the Yorkville Ordinance in effect at the time this Agreement is enacted. These parking provisions shall apply to the PROPERTY, notwithstanding any later amendments to this Section by the CITY. Parking spaces shall be a minimum of 9 feet by 18 feet. (i) Drive-thru: Any facility containing a drive thru drugstore shall contain stacking for a minimum of 2 cars per service window. (ii) Location of Parking: Parking for any use can be located either: 1) on the lot upon which the use is located; 2) on other lots of the PROPERTY with a properly recorded cross-access easement for parking between the two lots. (iii) Loading Berths: Off-street loading areas shall be provided at either the rear or side of the principal buildings for each lot or any adjoining lots,however, off-street loading docks shall not be required to be provided. The off-street loading areas on Lots 1-5 and as depicted on Exhibit "C-4" are hereby approved by the CITY. Receipt of distribution of materials or merchandise byUS mail trucks,commercial express vehicles,United Parcel vehicles and p the like shall be permitted at locations other than the required off-street loading locations. This loading berth provision shall be in lieu of any other loading requirements as provided in the Yorkville Municipal Code, as amended from time to time. PERIMETER LANDSCAPING AND BUFFERING (i) The PROPERTY and each lot contained therein shall be landscaped in substantial compliance with the Preliminary Landscape Plan attached hereto as Exhibit "B-2". The Owner and/or Developer of each lot shall only be responsible for installing and maintaining that portion of the perimeter landscaping identified on the Perimeter Landscape Plan located upon such Owner's or Developer's lot. Prior to approving any Certificate of Occupancy, a Final Landscape Plan shall be submitted for approval by the CITY. The CITY shall approve the Final Landscape Plan if it is in substantial conformance with the approved Preliminary Landscape Plan. The landscaping for each lot within the PROPERTY shall be installed prior to the issuance of any occupancy permit for the principal structure on such lot, weather permitting, or, in the event of adverse weather conditions, within sixty(60)days following the commencement of the next successive planting season following issuance of such occupancy permit. -10- (ii) Perimeter landscaping may be phased. However, said landscaping shall be installed on a lot by lot basis prior to the issuance of a final occupancy permit for each lot. The landscaping for each lot within the PROPERTY shall be installed prior to the issuance of any occupancy permit for the principal structure on such lot,weather permitting,or,in the event of adverse weather conditions,within sixty(60) days following the commencement of the next successive planting season following issuance of such occupancy permit. The perimeter landscape standards set forth in this Agreement and in the Perimeter Landscape Plan shall be the only perimeter landscape standards or ordinance applicable to the PROPERTY. J. INTERIOR LOT LANDSCAPING The interior lot landscaping plans to be submitted to the City Staffpursuant to Section 2F of this Agreement shall contain all of the information reasonably necessary to assess its compliance with this Section of the Agreement. Such plan shall be in substantially the same format as the Perimeter Landscaping Plan. (i) Interior Lot Landscaping Criteria: Each area on the PROPERTY developed as a parking lot shall contain one landscape island at least 180 square feet for every 21 parking spaces. The parking lot islands shall be per the approved Final Engineering Plans (Exhibit `B-4") which is attached hereto and incorporated herein by reference. The landscape island shall contain one tree and any combination of the following: mulch, shrubs or ground cover. (ii) The interior landscape standards set forth in this Agreement shall be the only interior landscape standards or ordinance applicable to the PROPERTY. K. BUILDING AND PARKING ENVELOPE The P.U.D. Plan(Exhibit`B-1")identifies envelopes within which the building or buildings and parking lot on each lot within the PROPERTY may be constructed ("Building and Parking Envelope"). The purpose of the Building and Parking Envelope is to provide reasonable flexibility in design,configuration and location of the commercial buildings within the Building and Parking Envelope. The actual building footprint and parking lot location for each building constructed within the PROPERTY may be adjusted to meet the reasonable needs and requirements of the uses of such building provided such building footprint and parking lot location is located within the Building and Parking Envelope as identified on the P.U.D. Plan. -11- L. EXTERIOR LIGHTING All exterior pole mounted lighting constructed on the PROPERTY shall not exceed a maximum height of 40 feet, measured from the pavement. Said lighting shall be white light, downcast, not to exceed an average of seven (7) footcandles. DEVELOPER may place accent lighting,at its sole discretion,to illuminate the building and any of the lot's entrances,so long as the light leaving the site does not exceed City Code. SECTION 3. ROADWAYS, STREETS AND ACCESS. A. ACCESS LOCATIONS (i) The CITY hereby acknowledges that the access points exist and can be used for vehicular access as shown on the Final Engineering Plans(Exhibit`B-4"). (ii) On Lots 6 though 9, one (1) additional curb cut on both Landmark and Marketplace Drive shall be permitted,provided the curb cut is located at least one hundred fifty(150) feet from any intersection. (iii) The CITY shall use its best efforts with IDOT to obtain the access points to the PROPERTY shown on the Final Engineering Plans (Exhibit`B-4"). B. CITY COOPERATION As to those locations over which the CITY has jurisdiction,the CITY shall issue all necessary approvals and permits for curb cuts and access locations,pursuant to any application for a Final Plat of Subdivision. As to all other curb cuts and access locations, DEVELOPER or subsequent lot owner shall be responsible for obtaining all necessary approvals and permits from the governmental authority with jurisdiction thereover and the CITY shall fully cooperate with, and exercise its best efforts in support of, DEVELOPER or subsequent lot owner in obtaining said approvals and permits. CITY agrees to apply to IDOT for a permit for public signals(the total cost of installing the public signals to be paid by DEVELOPER), and Maintenance Agreements when requested by DEVELOPER. The CITY shall execute the Maintenance Agreements with IDOT and the CITY shall be responsible to pay for all costs associated with the Maintenance Agreement, including but not limited to the maintenance costs for both signals. C. SIDEWALKS DEVELOPER shall only be required to construct sidewalks as identified on the Final Engineering Plan(Exhibit"B-4") . -12- SECTION 4. CHANGES TO THE PLANNED DEVELOPMENT. The PROPERTY shall be developed in substantial compliance with the Combined Planned Unit Development Plans and any final plans or plats approved by the CITY. Changes to the Planned Development hereby approved shall be evaluated and processed as follows: A. DEFINITIONS (i) Major Changes: Major changes shall include any changes to the Planned Development which require an amendment of this Agreement, or any other change for which a public hearing is required by law or by the Yorkville Municipal Code, except as specifically provided herein. (ii) Minor Changes: Minor changes shall include any change not defined herein as a major change or a technical change. Minor changes shall include, but not be limited to, changes to the Combined P.U.D. Plans,Lots 1 through 5 Plans or approved Additional Plans and Materials that do not alter the intent of this Agreement. A substantial resubdivision of the entire PROPERTY of an approved Final Plat of Subdivision may be considered a minor change of the P.U.D. Plan and the Final Plat of Subdivision and require Plan Commission and City Council approval,but no public hearing. (iii) Technical Changes: Technical changes shall include any change to the engineering plans and specifications, and any change to the building plans, which is determined by the City Engineering, Director of Public Works, Building Commissioner, Fire Chief, Director of Planning or Director of Economic Development as the case may be, to be: (i) in substantial compliance with the Combined P.U.D.Plans as approved by the City Council and; (ii) in compliance with the Yorkville Municipal Code, except as specifically varied or deviated as provided in Section 2 and 5 of this Agreement herein. Technical changes shall include, but not be limited to: 1)relocation of any road, sidewalk or easement; 2) alteration to any Storm Detention Facility. (iv) Items Not Considered Changes: The CITY acknowledges that any change of lot lines from the P.U.D.Plan to the Final Plat of Subdivision shall not be considered a change of the Planned Unit Development Agreement. B. PROCEDURES (i) Major changes may be approved by the City Council after public hearing and recommendation by the Yorkville Plan Commission pursuant to submittal and processing of a petition to amend the Special Use as a Planned -13- Development and a petition for preliminary plan approval,as set forth in the Yorkville Municipal Code. Major changes shall only require approval by a majority of the City Council. (ii) Minor changes may be approved by the City Council without Yorkville Plan Commission review or public hearing. Minor changes shall only require approval by a majority of the City Council. • (iii) Technical changes may be approved by the City Engineer,Director of Public Works, Building official, City Administrator, or other City personnel so empowered by the City Council as the case may be. SECTION 5. DEVIATIONS. To the extent that any element of the Combined P.U.D. Plans,Lot 1 through 5 Final Plans, Additional Plans and Materials,fmal plans,final plats,or this Agreement,deviate from the standards of the Subdivision Regulations,Zoning Ordinance,Sign Ordinance,Landscape Ordinance or other ordinance of the CITY, or any amendments thereto, or any other City of Yorkville ordinances, appropriate deviations,exceptions or("Deviations")to the applicable ordinance shall be deemed to be granted hereby. These Deviations include, but are not limited to, the deviations identified in Exhibit "E". SECTION 6. ON-SITE EASEMENTS AND IMPROVEMENTS. A. EASEMENT REQUIREMENTS All landscape, public utility, drainage, cross-access and related maintenance agreements,and stormwater detention easements to be granted to the CITY upon,under and across portions of the PROPERTY shall be established through the recordation, by the then owner or owners of the land affected, of an as-built easement plat, plotting the location of each easement granted based upon the actual location of the utility line,structure or basin as constructed. All such easements required for the PROPERTY shall be established as aforesaid prior to the issuance of the first occupancy permit within the PROPERTY. B. UTILITIES AND OFF-SITE ROADWAYS All utilities may be phased. Any lot to be developed shall provide minimum utilities acceptable to the City Engineer. DEVELOPER acknowledges that utilities constructed during further phases of development may enhance service of lots already developed and may require abandonment of previously installed utilities. -14- The CITY acknowledges that all off-site improvements to all public roads ("Off-Site Roadways") to the PROPERTY, are identified on the Final) adjacent Engineering Plans attached as Exhibit`B-4". The CITY shall not require DEVELOPER or its successor or assigns to construct or contribute any money for these Off-Site Roadways or any other public improvements not specifically required under this Ordinance, including the Plans attached to this Agreement. Additionally,the DEVELOPER shall not be required to conduct or pay for any traffic studies that have not already been conducted by DEVELOPER or are required from the DEVELOPER by IDOT. C. ABROGATION OF UNUSED EASEMENTS If any easement granted to the CITY as 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 any of the approved plans or in this Agreement,the CITY shall fully cooperate with DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER having responsibility therefor. Notwithstanding the foregoing, and as a condition precedent to any vacation of any easement,the responsible DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein. To the extent any utility falls outside of any utility easement, said easement location shall be readjusted to provide for any new or existing utilities owned by the CITY. SECTION 7. OFF-SITE EASEMENTS AND CONSTRUCTION. CITY acknowledges and agrees that stormwater detention required as part of the development of the PROPERTY may be located either on the PROPERTY or "off-site". The detention provided for the PROPERTY shall meet applicable City ordinances,but in no event shall the release rate for the PROPERTY exceed .15 CFS per acre. SECTION 8. SANITARY SEWER SERVICE. The CITY shall allow DEVELOPER's connection to the sanitary sewers as required by the City Engineer. The CITY represents and warrants to DEVELOPER that it owns, operates and maintains a sanitary sewers within its borders of the subject PROPERTY,which mains have at this time, sufficient capacity to accommodate the anticipated sanitary sewer requirements of the PROPERTY to the extent the PROPERTY is developed in accordance with the P.U.D. Plan. The CITY shall cooperate with DEVELOPER in obtaining all necessary off-site easements and shall grant DEVELOPER access to all CITY-owned rights-of-way to enable DEVELOPER's provision of sanitary sewer service to the PROPERTY. DEVELOPER shall restore property affected by off- site extension of sanitary sewer lines to its condition existing prior to said construction. -15- SECTION 9. POTABLE WATER SERVICE. The CITY represents and warrants that it owns, operates and maintains a potable water supply and distribution system within its borders and water mains within the right-of-way along a portion of the perimeter of the PROPERTY,which system and mains have, sufficient capacity and pressure to accommodate the anticipated potable water and fire protection needs of the PROPERTY to the extent the PROPERTY is developed in accordance with the P.U.D. Plan. The CITY shall cooperate with DEVELOPER in obtaining all off-site easements necessary and shall grant DEVELOPER access to all CITY owned right-of-way to enable DEVELOPER's provision of potable water service to the PROPERTY. DEVELOPER shall restore property affected by off-site extension of water lines to its condition existing prior to said construction. SECTION 10. PRELIMINARY GRADING AND PREPARATION OF THE PROPERTY FOR DEVELOPMENT. A) DEVELOPER shall have the right after obtaining approval of Final Engineering but prior to approval and recordation of a Final Plat of Subdivision,to undertake preliminary grading work,filling and soil stockpiling,which plans shall be reasonably satisfactory to the City Engineer. B) DEVELOPER shall have the right after obtaining approval of Final Engineering but prior to approval and recordation of the Final Plat of Subdivision,may install foundations and steel frames for buildings prior to its approval and recording of a Final Plat on the property only if applicable building permits have been applied for and issued by the CITY. C) DEVELOPER shall have the right after obtaining approval of Final Engineering but prior to approval and recordation of the Final Plat of Subdivision,may install underground utilities, only after all necessary EPA and CITY permits for extension of municipal utilities have been granted in preparation for the development of the PROPERTY. D) Any such work undertaken by DEVELOPER shall be at the sole risk of the DEVELOPER and without injury to the property of surrounding property owners. No letter of credit, bond or other security shall be required by DEVELOPER as a condition precedent to the commencement of such work. SECTION 11. BUILDING PERMITS. The CITY shall issue building permits for construction of improvements upon the PROPERTY within twenty(20)working days subsequent to receipt of application therefore. If the application is denied,the CITY shall provide a written statement within said period specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The CITY shall review and provide written comments or approve the resubmittal plans within fourteen(14) calendar days of the resubmittal. -16- The CITY shall issue such building permits upon compliance with those requirements. DEVELOPER may apply for and the CITY shall issue building permits for portions of the PROPERTY after approval but prior to recordation of a Final Plat for any such portion of the PROPERTY,and prior to the installation and availability of storm sewer,sanitary sewer and potable water service to such portion of the PROPERTY. A gravel haul road outside the right-of-way reasonably deemed satisfactory to the Fire Department for emergency use must all be in place prior to issuance of said permits. Notwithstanding the foregoing, no occupancy permits shall be issued for such portions of the PROPERTY until the availability of such utilities to the structure in question is demonstrated, including a binder course of pavement on the street fronting the structure seeking an occupancy permit. Prior to the DEVELOPER,its lessees or successors and assigns receiving a building permit, a recorded reciprocal easement agreement for stormwater maintenance must be provided to the CITY. SECTION 12. CERTIFICATES OF OCCUPANCY. The CITY shall issue certificates of occupancy for buildings constructed within the PROPERTY within three(3)working days subsequent to application therefore, or issue a letter of denial within said period informing the applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate. Inability,due to adverse weather conditions,to install a final surface course on driveways,service walks,public sidewalks,stoops,landscaping(including parkway trees) and final grading, shall not delay the issuance of a temporary certificate of occupancy, which shall contain specific deadlines for completion of each of the items not completed. The CITY shall not issue a final occupancy permit unless the Final Plat of Subdivision for the PROPERTY is recorded. SECTION 13. SECURITY FOR PUBLIC IMPROVEMENTS. A. Approval of any payout reduction of the bond posted to secure certain improvements, as required by the Yorkville Subdivision Ordinance ("Reduction") shall not be withheld if the bonded improvements substantially conform to the Final Engineering Plan. Improvements requiring a bond shall be as per City Ordinances and Standard City Bond Forms for Public Improvements a copy of which is attached hereto as Exhibit"F". If private improvements, grading or landscaping is not completed per plans,DEVELOPER shall post a bond or letter of credit for 110%of estimated cost of completion or certificate of occupancy may be withheld as to affected areas of the PROPERTY by the CITY.The CITY shall,within sixty(60)days from the request for the Reduction and after receipt of the appropriate lien waivers from the DEVELOPER, either approve said Reduction, or shall notify DEVELOPER in writing of the reason or reasons for not approving said payout or Reduction. The reasons for denying the Reduction shall be limited to DEVELOPER not substantially conforming to the Final Engineering Plan or as listed on CITY standard bond form. Upon satisfying said reasons and notification by DEVELOPER to the City Engineer, the City Council may authorize the Reduction. Neither the CITY or the City Engineer shall require the -17- DEVELOPER to install, construct or pay for any other improvements not included in the Final Engineering as approved by the CITY concurrent with the Final Plat approval. B. Within twenty(20)days following a DEVELOPER's request therefore,underground Public Improvements, and surface level structures appurtenant thereto, shall be inspected by the CITY and certificates of completion issued therefore by the CITY upon a finding of compliance with the final engineering plans pertaining thereto. The responsible DEVELOPER shall post, or cause the subcontractor constructing such Public Improvements to post a maintenance bond in the amount of ten percent(10%) of the cost of constructing such Public Improvements as listed in the Standard City Bond Form attached hereto and incorporated herein as Exhibit "F", to guarantee the workmanship and materials of such Public Improvements for a period of twelve (12) months following the date of acceptance by the City Council. Upon the expiration of said twelve(12)month guarantee period, the CITY shall make a final inspection of such Public Improvements, and upon the correction by DEVELOPER of such defects or damage as may then exist effecting the same,the CITY shall accept conveyance of such underground Public Improvements from such DEVELOPER by bill of sale or such other conveyance device as may be approved by the City attorney. SECTION 14. LIQUOR CONTROL ORDINANCE AMENDMENTS. Upon written request of Jewel/Osco Food Stores, Inc., or their affiliate, or in the event Jewel/Osco Food Stores,Inc. is not developed as the anchor store and a similar grocery store user is substituted in its place, CITY agrees to issue a proper package liquor license pursuant to its Ordinance upon compliance with all terms of the City's Liquor Control Ordinance and State of Illinois Liquor Control regulations. SECTION 15. SPECIAL ASSESSMENTS AND TAXATION. Without the prior written consent of OWNER,the CITY shall not,within ten(10)years from the execution of this Agreement: A. levy against any real or personal property within the PROPERTY, any special assessment or special tax for the cost of any improvements in or for the benefit of the PROPERTY except as specified herein; or B. undertake any local improvements in, on or for the benefit of the PROPERTY pursuant to the imposition of a special assessment or special tax against the PROPERTY, or any portion thereof; or C. levy or impose additional taxes on the PROPERTY,in the manner provided by law for the provision of special services to the PROPERTY or to an area in which the PROPERTY is located or for the payment of debt incurred in order to provide such special services. -18- D. The CITY shall create a Back-Up Special Tax Service Area to provide for on-site of the PROPERTY maintenance of detention, perimeter landscaping, ponds, and common subdivision signage which is located on the PROPERTY only,not off-site signs,which shall only be activated in the event DEVELOPER or its assigns fail to maintain those elements of the subject real PROPERTY. DEVELOPER shall submit a written waiver and consent of the Back-Up Special Tax Service Area prior to issuance of the first certificate of occupancy on the subject premises. The Back-Up Special Tax Service Area shall not be levied upon by the CITY without providing a ninety (90) day advance written notice to DEVELOPER or any active property owners' association allowing them an opportunity to cure any maintenance default weather permitting or labor or other force majeure that would delay performance being given consideration by the CITY. This ninety(90)day notice and opportunity to cure period shall also be tolled if the DEVELOPER has ordered material to cure the defects but is still awaiting delivery of that material. The levy sought may not exceed Twenty Five Cents($.25)per One Thousand Dollars and 00/100($1,000.00) of assessed value. Nothing in this Section 16 shall prevent the CITY from levying or imposing additional property taxes upon the PROPERTY in the manner provided by law,which are applicable to and apply equally to all other properties within the CITY. SECTION 16. COMMERCIAL DEVELOPMENT-INCENTIVE REIMBURSEMENT. A. CREATION OF ECONOMIC INCENTIVE AGREEMENTS The CITY acknowledges that an economic incentive agreement for the subject commercial 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 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 assigns in writing by DEVELOPER, pursuant to the terms provided in this Agreement (hereinafter referred to as "Incentives"). For purposes of this Agreement a "commercial generator" shall be any user that collects sales tax as part of its operation. The commercial retailer user shall be referred to as the "Generator". CITY and DEVELOPER agree that a separate and binding Development/Economic Initiative Agreement shall be approved by the CITY simultaneously with the approval of this Planned Unit Development Agreement which shall contain the following terms and conditions: The CITY acknowledges that its agreement to execute the referenced Development/Economic Initiative Agreement is a material inducement to DEVELOPER to enter into this Agreement. -19- B. 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 on the Reimbursable Improvement calculation for the balance of Reimbursable Improvements incurred by DEVELOPER. Interest shall be calculated annually and shall commence with the Certificate of Occupancy being issued to the first anchor store(which is defined as a store having 25,000 square feet or more) on the balance of any unpaid Reimbursable Improvements. For example, if the first anchor opens March 1,2002, five percent(5%) interest will be added to the Reimbursable Improvements incurred by DEVELOPER as of March 1, 2002. Payments shall be first applied to interest than to Reimbursable Improvements. DEVELOPER shall be entitled to recover up to the total amount of the Reimbursable Improvement calculation plus interest for a period of eighteen (18) years commencing with one (1) year from the date of execution of this Planned Unit Development Agreement and the Development/Economic Initiative Agreement by the CITY. 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 compounded. These Reimbursable Improvements include,but are not limited to,the following: 1. Design, engineering, and construction costs of the following: Roadway,Utility and Parkway Improvements to Landmark Avenue, including the reconstruction of existing Landmark Avenue, Marketplace Drive,any road improvements on Rt. 34 and Rt.47,any signalization on Marketplace Drive and Rt.34,Landmark and Rt.47, and all work related thereto, including but not limited to, interconnection and street lighting. DEVELOPER shall further install at its cost and be reimbursed for the section of Marketplace Drive extended to the southeast from Landmark Drive to intersect with McHugh Road. The extension of Marketplace Drive to McHugh Road shall be in accordance with the specifications attached as Exhibit"G". -20- 2. All off-site improvements including, but not limited to public utilities,water,water drains, sanitary sewers, storm sewers, and off- site landscaping. 3. Landscaping improvements in the parkway on Marketplace and Landmark and existing Landmark. 4. Payment ofrecapture to St.Patrick's on the acreage contained in Lots 1-5 of the Final Plat of Phase I of Yorkville Market Place. 5. The CITY shall distribute the sales tax revenue generated by any Generator as follows: 50% to the DEVELOPER, or as directed by the DEVELOPER; 50% to the CITY; (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 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. 1. The "quarterly installment payment"shall mean an amount equal to one-half(1/2) 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(1/2) of the sales tax revenues received by the CITY from any Generator's sales for the preceding calendar quarter. -21- 2. 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) Tolling of Term. The term of eighteen(18)years shall be tolled or extended for up to two (2) years for any delay in issuance of CITY building or occupancy permits due to the lack of availability of sanitary sewer or municipal water supply to the PROPERTY. (f) Sources of Funds to Pay Reimbursable Development Project Costs. 1. Funds necessary to pay for the Incentives are to be solely derived from the additional sales tax generated by the Generators. This pledge of additional sales tax revenues hereby is approved by the CITY. 2. 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 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. C. 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 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 -22- entitled to continue to receive payments for Reimbursable Improvements pursuant to the Development/Economic Initiative Agreement unless specifically assigned by the DEVELOPER D. REIMBURSEMENT PROCEDURES (i) 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. (ii) Confidentiality. The City acknowledges and agrees that information to 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'saffiliates, 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 Developers' or Generators' 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 -23- 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. E. 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. F. 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 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 maybe 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. G. 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. -24- SECTION 17. RECAPTURE AGREEMENTS. The CITY represents and warrants to DEVELOPER that besides the St. Patrick's Church Recapture Agreement for sewer and water extension there are no recapture fees that are or shall become due and payable by the OWNER or DEVELOPER as a result of connection to any utility or road improvements serving the PROPERTY. SECTION 18. COMPLIANCE WITH STATE STATUTES. In the event that any one or more provisions of this Agreement do not comply with any one or more provisions of the Illinois Compiled Statutes or the governing rules of the Water Pollution Control board or the Federal or State Environmental Protection Agencies,then the CITY,OWNER, and DEVELOPER, and all of their respective successors and assigns, agree to cooperate to comply with said provisions which shall include, but not be limited to, the passage of resolutions and ordinances to accomplish such compliance. SECTION 19. PLATTING OF LANDSCAPE BUFFERS. All landscape buffers required under this Agreement may, in the sole discretion of the responsible DEVELOPER, be included within and platted as part of the applicable lot. In such event, the owner of such lot within which the landscape buffer is located, shall maintain, at such owner's expense,the landscape material contained therein following the responsible DEVELOPER's construction and completion of such landscape buffer. SECTION 20. CONVEYANCES. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER and/or DEVELOPER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. SECTION 21. CONFLICT IN REGULATIONS AND ORDINANCES. The provisions of this Agreement and Ordinance approving this Agreement shall supersede the provisions of any ordinance,code,or regulation of the CITY which may be in conflict with the provisions of hereof. SECTION 22. AMENDMENT TO THIS ORDINANCE. This Agreement shall not be amended by the CITY without the prior written consent of the DEVELOPER. -25- SECTION 23. BINDING EFFECT, SUCCESSION IN INTEREST. This Agreement and the Ordinance approving it shall constitute a covenant running with the land and 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. Except as otherwise expressly provided herein,upon the conveyance or assignment by OWNER and/or a DEVELOPER of its interest in the PROPERTY to any successor, assign, or nominee, OWNER and/or such DEVELOPER, as the case may be,shall be released from any and all further liability or responsibility under this Ordinance except to the extent previously undertaken by DEVELOPER,or for which DEVELOPER has posted security to perform an obligation in which case 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 DEVELOPER shall be released from the underlying obligation to perform. The CITY shall thereafter look only to the successor, assign, or nominee of OWNER and/or such DEVELOPER as the case may be, concerning the performance of such duties and obligations of OWNER and such DEVELOPER hereby undertaken. SECTION 24. INCORPORATION OF EXHIBITS. All exhibits attached to this Agreement are hereby incorporated herein and made a part of the substance hereof. SECTION 25. EFFECTIVE DATE. The effective date of the Ordinance approving this Agreement shall be the date the DEVELOPER acquires the PROPERTY from the OWNER and title passes from OWNER to DEVELOPER. SECTION 26. APPLICABILITY OF P.U.D. AGREEMENT AND ORDINANCE APPROVING IT TO ADJACENT PROPERTY PURCHASED BY DEVELOPER IN THE FUTURE The DEVELOPER has represented that it may acquire additional property located adjacent to the Property("Additional Property"). In the event OWNER/DEVELOPER acquires an existing Special Use for a gas station, it may operate a gas station at that location without applying for a separate Special Use. The CITY agrees that upon petition by the DEVELOPER to include the Additional Property into the P.U.D. Agreement approved by Ordinance that the CITY shall enact a P.U.D.Ordinance for the Additional Property identical to the Ordinance approving this Agreement, and amend any necessary changes to the P.U.D. Agreement because of additional property except for the building, parking and landscaping standards. Any Additional Property purchased by DEVELOPER shall have the following setbacks: -26- Yard Building Setback Parking Setback Landscape Setback Front, adjoining a 30 feet-measured 30 feet -measured 30 feet-measured public street from the existing from the existing from the existing property line,not property line, not property line, not after any required after any required after any required dedication or dedication or dedication or condemnation of condemnation of condemnation of right-of-way by right-of-way by right-of-way by IDOT IDOT IDOT Front, not adjoining 0 feet 0 feet 0 feet a public street and adjacent to Property owned by the Developer Front,not adjoining 10 feet 10 feet 10 feet a public street and not adjacent to Property owned by the Developer Side, adjoining a 5 feet-measured 5 feet-measured 5 feet- measured public street or from the existing from the existing from the existing adjacent to Property property line,not property line, not property line,not not owned by the after any required after any required after any required Developer dedication or dedication or dedication or condemnation of condemnation of condemnation of right-of-way by right-of-way by right-of-way by IDOT IDOT IDOT Side, not adjoining 0 feet 0 feet 0 feet a public street and adjacent to Property owned by the Developer • -27- Rear, adjoining a 10 feet-measured 10 feet- measured 10 feet- measured public street or from the existing from the existing from the existing adjacent to Property property line, not property line,not property line, not not owned by the after any required after any required after any required Developer dedication or dedication or dedication or condemnation of condemnation of condemnation of right-of-way by right-of-way by right-of-way by IDOT IDOT IDOT Rear,not adjoining 0 feet 0 feet 0 feet a public street and adjacent to Property owned by the Developer SECTION 27. NOTICES. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: If to the CITY: Mayor and City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge St. Yorkville, IL 60560 If to Owner: LaSalle Bank N.A. Successor Trustee to American National Bank&Trust Co.of Chicago a/t/ult/a dated July 16, 1991 and known as Trust No. 114224-09 and dated January 19, 1993 and known as Trust No. 116521-04 c/o If to Developer: Tucker Development Corporation and TDC Yorkville, L.L.C. Attn: Richard Tucker, President 513 Central Ave., Ste. 400 Highland Park, IL 60035 -28- With a copy to: Attorney Tracy D. Kasson Rathje, Woodward,Dyer& Burt 300 E. Roosevelt Rd., Ste. 300 Wheaton, IL 60187 or to such other addresses as any party may from time to time designate in a written notice to the other parties. SECTION 28. ENFORCEABILITY. This Agreement shall be enforceable in any Court of competent jurisdictions by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said Agreement becomes unenforceable due to any change in Illinois Compiled Statutes or Court Decisions, said enforceable portion of this Agreement shall be exercised therefrom and the remaining portions thereof shall remain in full force and effect. SECTION 29. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. -29- IN 1 TNESS EREOF, the undersigned have hereunto set their hands and seals this_ t5 ay of Af, , 20.L. CITY: THE UNITED CITY OF YORKVILLE By: �. ,/_ _ /t. �i� . MAYOR ,/h/ Attest: �/vim I/i._ / %CLERK -30- The undersigned Trustee as OWNER and its beneficiary by authorizing the execution of this Agreement hereby consent to all changes and modifications of the original Consent Decree entered in Kendall County Case#98CH19. OWNER: LASALLE BANK N.A.SUCCESSOR TRUSTEE TO AMERICAN NATIONAL BANK&TRUST CO.OF CHICAGO A/T/U/T/A DATED JULY 16, 1991 AND KNOWN AS TRUST NO. 114224- 09 AND DATED JANUARY 19, 1993 AND KNOWN AS TRUST NO. 116521-04 By: (214,/417-; Attest: Dated: 3-23 -of • • -31- DEVELOPER: TDC YORKVILLE, L.L.C., a Delaware Limited Liability Compan By: Tucker D opment • ;;;00111r,, Manager By. chard H. Tu erg President Attest: Dated: \37/Y/0/ • Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 • -32-