Ordinance 2010-27 STATE OF ILLINOIS )
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COUNTY OF KENDALL ) �E::,. i� li :N_ x:10 EP 0 2 CEO ?- 51.
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RECORDED: 11/10/2010 10:22 AM
ORDI: 58.00 RHSPS FEE: 10.00
PAGES: 13
Ordinance No. 2010 - 1�1
I
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
REAPPROVING A DEVELOPMENT AGREEMENT WITH AND APPROVING A REZONING TO B -2
GENERAL BUSINESS DISTRICT FOR RIVER OAKS PROPERTY DEVELOPMENT, LLC
WHEREAS, the United City of Yorkville (the "City ") is a duly organized, and validly existing
non - home -rule municipality created in accordance with Article VII, Section 7 of the Constitution of the
State of Illinois of 1970; and,
WHEREAS, River Oaks Property Development, LLC is the developer (the "Developer ") of
property located near and adjacent to 344 Van Emmon Road, Yorkville, Illinois, consisting of
approximately 3.473 acres (the "Subject Property "); and,
WHEREAS, the City originally approved a Development Agreement with the Developer on
February 22, 2005, by Ordinance No. 2005 -16, however, the Developer never executed the
Development Agreement; and,
WHEREAS, the Developer now desires to execute the Development Agreement and provide all
necessary documentation to move forward with the development of the Subject Property; and,
WHEREAS, as part of the Development Agreement, the Developer seeks a rezoning of the
Subject Property from R -1 One Family Residence District to B -2 General Business District; and,
WHEREAS, the Plan Commission of the City held a public hearing on the rezoning of the
Subject Property on January 12, 2005, made the necessary findings pursuant to the City Code of
Ordinances, and recommended the rezoning of the Subject Property to B -2 General Business District;
and,
WHEREAS, the Mayor and City Council (the "Corporate Authorities ") have determined it is in
the best interests of the City and the health, safety, morals, and welfare of its residents that the City
reapprove the Development Agreement with a new date of June 8, 2010, and rezone the Subject
Property to B -2 General Business District.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The Corporate Authorities hereby reapprove the Development Agreement, as
attached, with a new date of June. 8, 2010, and approve the rezoning of the Subject Property from R -1
One Family Residence District to B -2 General Business District; and, the Mayor and City Clerk are
hereby authorized to execute and deliver said Development Agreement.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 2010.
C RK
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this `7
day of i U t q 2010.
V
MAYOR
I
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Prepared by and return to:
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
2
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
DEVELOPMENT AGREEMENT
FOR
RIVER OAKS PROPERTYDEVELOPMENT, LLC
Prepared by & Return to:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
630.553.4350
DEVELOPMENT AGREEMENT
This Development Agreement, hereinafter referred as to "Agreement ", is made
and entered into this day of , 2005, by and between, RIVER
OAKS PROPERTYDEVELOPMENT, LLC, hereinafter referred to as
"OWNER/DEVELOPER ", and the United City of Yorkville, Illinois, a Municipal
Corporation, hereinafter referred to as "CITY ". The OWNER/DEVELOPER and the
CITY may hereinafter be referred to as the Parties.
WITNESSETH
WHEREAS, the OWNER/DEVELOPER is an Illinois Limited Liability
Corporation and the Owner of certain real property, hereinafter referred to as "Property",
located in the CITY and legally described as set forth in Exhibit "A" attached hereto and
incorporated by references as if more fully set forth; and
WHEREAS, the Property is generally located near and adjacent to 344 Van
Emmon Road across the street from the baseball field and is currently unimproved and
heavily wooded property. The Property is currently zoned R 1 One Family Residence
District and consists of approximately 3.473 acres; and
WHEREAS, the OWNER/DEVELOPER seeks rezoning to B -2 General Business
District; and
WHEREAS, the CITY has determined that the terms and conditions set forth
herein will serve a public use and will promote the health, safety, prosperity, security, and
general welfare of the inhabitants and taxpayers of the CITY; and
WHEREAS, the OWNER/DEVELOPER has informed the CITY that it intends
develop the property as Office and Specialty Retail uses as generally permitted by the
City's B -2 zoning, but as modified and restricted per this agreement; and
WHEREAS, the OWNER/DEVELOPER, its vendors, grantees, assigns,
successors, trustees, and all others holding any interest now or in the future, agree and
enter into this contract, which shall operate as a covenant runnin with the land and be
binding upon any developer and its representatives, and future owners of the land;
NOW, THEREFORE, the CITY and the OWNER/DEVELOPER, in
consideration of the mutual covenants and agreements contained herein, do mutually
agree as follows:
ARTICLE I
GENERAL COMPLIANCE WITH ORDINANCES
OWNER/DEVELOPER hereby agrees to comply with all CITY ordinances, and
this Agreement shall alter said ordinances only as specifically set forth herein. Where the
ordinances of the CITY conflict with the provisions herein, this Agreement shall control.
ARTICLE H
PROPERTY DEVELOPMENT
The Development of the Property shall be generally pursuant to the Conceptual
Plans attached hereto and incorporated herein as Exhibit "B ".
That the development of the subject real property described in the attached
Exhibit "A" shall be subject to approval of all Ordinances of the CITY; Site Plan
approval, engineering consultant approval by CITY staff or outside review engineering as
elected by the CITY and Site Plan approval by the City Council in conformance with the
United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City
Reimbursement of Consultants and of Review Fees Ordinances, Municipal Building Fee,
Weather Warning Siren Fee, City Land -Cash Ordinance, and City Development Fee
Ordinance, payable at the time of Site Plan approval, which have been voluntarily
contracted to between the parties and agreed to by OWNER/DEVELOPER.
OWNER/DEVELOPER agree that the Final Site Plan shall comply with all
requirements as set out in the United City of Yorkville Zoning Ordinance and
Subdivision Control Ordinance at the time of execution of this Agreement, unless
provided for differently in this Agreement. No change in the United City of Yorkville
Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants
and of Review Fees Ordinance, and City Development Fee, which have been enacted
subsequent to the execution of this Agreement shall alter the lot sizes, setbacks,
performance standards, or other standards or requirements for this Development except as
provided for in those Ordinances in effect at the time of execution of this Agreement.
OWNER/DEVELOPER, however, will be bound by changes in building codes, building
material changes and the like that may be enacted by the CITY, so long as the same are
applied in a nondiscriminatory manner throughout the CITY. The City agrees that should
the United City of Yorkville revise, alter or otherwise modify the parking requirements
contained in its Zoning Ordinance to provide for a reduction from the standard as of the
date ofthis Agreement, the City will allow the OWNER/DEVELOPER to comply with
reduced standard.
Utilities and Public Improvements That On -Site infrastructure construction and
engineering shall be governed by the standards contained in the Yorkville Subdivision
Control Ordinance and other applicable Ordinances unless specifically addressed in the
following, in which case this Agreement shall control. Roadway right -of -ways, widths of
streets, and roadway construction standards shall comply with the requirements as set out
on the approved Site Plan.
All ordinances, regulations, and codes of the CITY, including, without limitation
those pertaining to subdivision controls, zoning, storm water management and drainage,
building requirements, official plan, and related restrictions, as they presently exist,
except as amended, varied, or modified by the terms of this Agreement, shall apply to the
Subject Property and its development for a period of five (5) years from the date of this
Agreement except to the extent this would affect the United City of Yorkville ISO
Insurance Policy in which case said changes would be applicable to
OWNER/DEVELOPER 90 days after passage by the City Council, so long as said
changes are applied uniformly throughout the City. Any Agreements, repeal, or
additional regulations which are subsequently enacted by the CITY shall not be applied
to the development of the Subject Property except upon the written consent of
DEVELOPER during said five (5) year period. After said five (5) year period, the
Subject Property and its development will be subject to all ordinances, regulations, and
codes of the CITY in existence on or adopted after the expiration of said five (5) year
period, provided, however, that the application of any such ordinance, regulation or code
shall not result in a reduction in the number of residential building lots herein approved
for the Subject Property, alter or eliminate any of the ordinance variations provided for
herein, nor result in any subdivided lot or structure constructed within the Subject
Property being classified as non - conforming under any ordinance of the CITY. The
foregoing to the contrary notwithstanding, in the event the CITY is required to modify,
amend or enact any ordinance or regulation and to apply the same to the Subject Property j
pursuant to the express and specific mandate of any superior governmental authority,
such ordinance or regulation shall apply to the Subject Property and be complied with by
OWNER/DEVELOPER, provided, however, that any so called "grandfather" provision
contained in such superior governmental mandate which would serve to exempt or delay
implementation against the Subject Property shall be given full force and effect.
ARTICLE III
SPECIAL PROVISIONS
ZONING: Since the OWNER/DEVELOPER intends to develop the property as office
with specialty real estate and potential loft apartments, all B -1 zoning shall apply, and the
following B -2 zoning uses shall apply (but no other B -2 Uses shall be allowed):
"All permitted uses in the and B -1 Districts, Art Gallery — art studio sales, Art supply
store, Picture frame store, Watch and clock sales and repair, Weaving and mending —
custom, interior decorating studio."
No B -2 Special Use shall be allowed, except to the extent that "Apartments, single -
family, located in business buildings" are allowed under the B -1 General Business
District.
ACCESS AGREEMENT OVER DRIVEWAY TO ADJOINING PROPERTY:
OWNER/DEVELOPER shall obtain an agreement for cross access and ingress and
egress on, over and across the existing driveway separating the two lots comprising the
property. Said agreement shall be approved by City Zoning and Engineering staff and
shall then be recorded as a permanent right of use on the property.
ACCESS FROM VAN EMMON ROAD
The Project consisting of two platted lots shall share a common entrance from Van
Emmon Road, and shall be limited to this single point of access from Van Emmon Road.
BUILDING HEIGHT
OWNER/DEVELOPER agrees that no building on the property shall exceed 35' (thirty
five feet) in height as measured by current building codes. Said measurement shall not
include the walk out basement.
ARTICLE IV
EFFECTIVE DATE
The effective date of this Agreement shall be the date this Agreement approved
and executed by the OWNEWDEVELOPER and CITY.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their successors in interest, assignees, lessees, and upon any
successor municipal authorities of the CITY and successor municipalities
and shall be enforceable according to its terms and conditions under the
laws of the State of Illinois. Except as otherwise expressly provided
herein, upon the conveyance or assignment by OWNER/DEVELOPER to
new Owner or Developer of its interest in the Property to any successor,
assign, or nominee, Owner or Developer, as the case may be, shall be
released from any and all further liability or responsibility under this
Ordinance or Agreement except to the extent previously undertaken by
OWNER/DEVELOPER, or for which OWNER/DEVELOPER has posted
security to perform an obligation in which case OWNER/DEVELOPER
shall be bound to continue to complete its performance unless a
replacement bond or letter of credit is posted by the new Owner or
Developer, and accepted by the CITY which shall not be unreasonably
withheld. In such event the original OWNER/DEVELOPER shall be
released from the underlying obligation to perform. The CITY shall
thereafter look only to the successor, assign, or nominee of
OWNEWDEVELOPER concerning the performance of such duties and
I
obligations of OWNER and such DEVELOPER hereby undertaken.
B. The various parts, sections, and clauses of this Agreement are hereby
declared to be severable. If any part, sentence, paragraph, section, or
clause is adjudged unconstitutional or invalid by a Court of competent
jurisdiction, the remainder of the Agreement shall not be affected thereby.
C. All notices provided for herein shall be in writing and shall be deemed
effective when personally delivered or three days after such notices have
been mailed be certified or registered mail, postage - prepaid, return receipt
requested, to the Parties at the addresses given below or at such other
address as may be specified by written notice.
If to OWNER/DEVELOPER:
River Oaks Property Development, LLC
Attn: Melissa A. Maye and Cheryl A. Lee
602 Center Parkway, Suite C
Yorkville, IL 60560
630 -553 -3637
United City of Yorkville United City of Yorkville
John Justin Wyeth, City Attorney Attn: Tony Graff,
800 Game Farm Road City Administrator
Yorkville, IL 60560 800 Game Farm Road
Yorkville, IL 60560
IT WITNESS WHEREOF, the Parties have executed this Agreement as of the day
and year first above written.
United City of Yorkville, Illinois
By:
/it d-
Arthur F. Prochaska, Jr., Mayor
ATTEST:
I
DEVELOPER:
RIVER OAKS PROPERTY DEVELOPMENT, LLC
By:
Attest:
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obligations of OWNER and such DEVELOPER hereby undertaken.
B. The various parts, sections, and clauses of this Agreement are hereby
declared to be severable. If any part, sentence, paragraph, section, or
clause is adjudged unconstitutional or invalid by a Court of competent
jurisdiction, the remainder of the Agreement shall not be affected thereby.
C. All notices provided for herein shall be in writing and shall be deemed
effective when personally delivered or three days after such notices have
been mailed be certified or registered mail, postage - prepaid, return receipt
requested, to the Parties at the addresses given below or at such other
address as may be specified by written notice.
If to OWNER/DEVELOPER:
River Oaks Property Development, LLC
Attn: Melissa A. Maye and Cheryl A. Lee
602 Center Parkway, Suite C
Yorkville, IL 60560
630 -553 -3637
United City of Yorkville United City of Yorkville
Kathleen Field Orr, City Attorney Attn: Bart Olson,
800 Game Farm Road City Administrator
Yorkville, IL 60560 800 Game Farm Road
Yorkville, IL 60560
IT WITNESS WHEREOF, the Parties have executed this Agreement as of the day
and year first above written.
United City of Yorkville, Illinois
By:
a� -
Mayor
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ATTEST:
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Ci I
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DEVELOPER:
RIVE AKS PROPERT DEV OPMENT, LLC
By:
Attest:
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EXHIBIT LIST
Exhibit "A" - Legal Description
Exhibit "B" - Concept Plan
EXHIBIT A
Parcel One:
Thatpart of the Southwest Quarter of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian
described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 4, Township 36
North, Range 7 East of the Third rrincipai Meridian, said point being on the southerly line of said Section33; thence
South 89'46'03" East along the southerly line of said Section 33, a distance of 374.81 feet; thence North 01" 11'
52" East, parallel with the East line of the Southwest Quarter of said Section 33, a distance of 794.66 feet; thence
South 88° 28'34" West 329.70 feet to the East line of said Southwest Quarter; thence North 01' 11'52" East along
the East line of said Southwest Quarter 1509.25 feet; thence North 82° 54' 15" West 291.36 feet; thence North 07°
05'45" East 326.86-feet to a point on the center line of Van En-anon Road; thence North 82° 54' 15" West along
said center line of Van Emmon Road, 66.0 feet to a Northwest corner of a tract of land conveyed to Bruce 0. and
Virginia J. Buhrmaster by a Quit Claim Deed recorded December 23, 1983 as Document Number 83 -5890 for a
point of beginning; thence South 07° 05'45" West 308.0 feet; thence North 82° 54'15" West 257.22 feet to the East
line of the former Fox and Illinois Union Railway right of way; thence North 08' 10'53" East along said East line
17.32 feet; thence northerly along said East line, being along a tangential curve to the left having a radius of 624.08
feet, an arc distance of 300.91 feet to said center line of Van Emmon Road; thence South 82 54' 15" East along
said center line 322.54 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois and
containing 1.953 acres.
Parcel Two;
Thatpart of the Southwest Quarter of Section 33, Townslup 37 North, Range 7 East of the Third Principal Meridian
described as follows: Conunencing at the Northwest comer of the Northeast Quarter of Section 4, Township 36
North, Range 7 East of the Third Principal Meridian, said point being on the southerly line of said Section 33;
Thence South 89° 46 East along the southerly line of said Section 33, a distance of 374.81 feet; thence North
01° 11' 52 "East parallel with the East line of the Southwest Quarter of said Section 33, a distance of 794.66 feet;
thence South 88" 28'34" West 329.70 feet to the East line of said Southwest Quarter; thence North 01" 11'52" East
along the East line of said Southwest Quarter 1509.25' feet to a Northeast comer of a tract conveyed to Bruce 0.
and Virginia J. Buhrmaster by a Quit Claim Deed recorded December 23, 1983 as Document Number 83 -5890 for
a point of beginning; thence North 82° 54' 15" West 291.36 feet; thence North 07° 05'45" East 326.86 feet to a
point on the center line of Van Emmon Road; thence South 82° 54'15 East along said center line of Van Emmon
Road 161.94 feet; thence South 10'27'25" West 202.20 feet; thence South 76° 52'34" East 130.50 feet to said East
line; thence South 01* 11'52" West along said East line 111.89 feet to the point of beginning in the United City of
Yorkville, Kendall County, Illinois and.containing 1.520 acres.
SUBJECT TO: INSTALLMENT TRICTIONS AND EASEMENTS OF RECORD. OR PAYABLE,
COVENANTS, CONDITIONS, RE
Rev. 8 /00
EXHIBIT "B"
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