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Ordinance 2008-063 STATE OF ILLINOIS ) 2 0 8 0 0 0 2 0 " 4 i2 )ss COUNTY OF KENDALL 0 -' F 1;# 1 E T T 0 M KENDALL COUNTY, II_ RECORDED: 9/16/2008 9:37 AN ORDI: 86.00 RHSPS FEE: 10.00 PAGES: 50 THIS IS A COVER PAGE FOR RECORDING PURPOSES ONLY STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008 - ( AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN ANNEXATION AGREEMENT WITH CROSS EVANGELICAL LUTHERAN CHURCH WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly existing non home -rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City and Cross Evangelical Lutheran Church (the "Owner /Developer "), desire to enter into an Annexation Agreement (the "Agreement"), regarding property owned by the Owner/Developer at 7481 Mill Road which is approximately twenty -five (25) acres (the "Subject Property "); and, WHEREAS, the Subject Property is contiguous with the existing corporate limits of the City and is not within the boundary of any other city; and, WHEREAS, the Owner/Developer desires to annex the Subject Property to the city for the purposes of developing a church, daycare, community center facilities and related uses along with other business uses; and, WHEREAS, the Owner/Developer proposes that the Subject Property be zoned as a Planned Unit Development, pursuant to the provisions of the City Zoning Ordinance, with uses consistent with the R -1 One - Family Residence District and B -3 Service Business District, which shall be achieved by the approval of a P.U.D. Zoning Ordinance to be passed concurrently with this ordinance; and, WHEREAS, pursuant to the terms of the Agreement, the Owner/Developer shall continue the existing church and child care use on the Subject Property, and shall be allowed to expand the church and child care facility upon that portion of the Subject Property zoned in the R -1 District to be consistent with the existing building and subject to final engineering approval by the City; and, WHEREAS, daycare is a special use under the City Zoning Ordinance, therefore, the Plan Commission is required to make specific findings; and, WHEREAS, a public hearing was conducted by the Plan Commission regarding the requested zoning and conceptual site plan on June 11, 2008, which included the necessary findings for a special use regarding the daycare; and, WHEREAS, and the Mayor and City Council (the "Corporate Authorities ") conducted a public hearing on the annexation agreement on July 22, 2008, and all notices required by law have been given by the City and Owner/Developer; and, WHEREAS, the Corporate Authorities have concluded that the approval and execution of the proposed Annexation Agreement, attached hereto, is in the best interests of the health, safety, and welfare of its citizens. 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 attached Annexation Agreement is hereby approved, and, the Mayor and City Clerk are hereby authorized and directed to execute and deliver same. 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 ao� day of J U 1_y , A.D. 2008. bF— CITY CLERK/ U ROBYN SUTCLIFF V JOSEPH BESCO ARDEN JOE PLOCHER V WALLY WERDERICH GARY GOLINSKI V MARTY MUNNS V ROSE SPEARS y BOB ALLEN `I Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of J u 0/ 2008. MAYOR V 2 Draft: 06/25/08 Staff Comments 7/15/08 ANNEXATION AGREEMENT (CROSS EVANGELICAL LUTHERAN CHURCH) THIS ANNEXATION AGREEMENT ( "Agreement "), is made and entered into as of this �02 day of C , 2008, by and between CROSS EVANGELICAL LUTHERAN CHURCH, an Illinois Not For Profit Corporation, owner of approximately 25.00 acres of property at 7481 Mill Road in Kendall County, Illinois, Permanent Index Numbers 02- 11 -400- 006 -0000 (hereinafter collectively referred to as "OWNER" and as "OWNER "), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY ") by and through its Mayor and Aldermen ( "Corporate Authorities "). OWNER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties ". 120461/1 1 RECITALS: A. OWNER is the owner of record of a certain parcel of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY "). B. OWNER desires to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a church, daycare, community center facilities and related uses along with other business uses. C. OWNER desires to proceed with the development of a church facility along with various other commercial and office uses in accordance with the terms and provisions of this Agreement. D. OWNER proposes that the SUBJECT PROPERTY be zoned as a Planned Unit Development ( "PUD ") under provisions of the City Zoning Ordinance ( "Zoning Ordinance "), with uses consistent with the R -1 One - Family Residence District and B -3 Service Business District, as limited by this Agreement, as depicted on the Legal Descriptions of Zoning Parcels attached hereto and incorporated herein as Exhibit `B ". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on June 11, 2008. The Plan Commission concluded their deliberations on this case at their June 11, 2008 meeting. City Council conducted the public hearing on the annexation agreement on July 22, 2008. F. The CITY and OWNER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Annexation Agreement subject to the terms and provisions of this Agreement, and the zoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and 120461/1 2 development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit "A" as a PUD in conformance with the United City of Yorkville Comprehensive Plan. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that it is in the best interest of the OWNER and the CITY that the SUBJECT PROPERTY be developed in an orderly and efficient fashion. (iv) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY and the OWNER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNER and its representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement. The Parties hereto further agree to supplement this Agreement with the Petition for Zoning and Annexation, and drawings submitted therewith to be approved by the City Council upon the 120461/1 3 following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and zone the SUBJECT PROPERTY under the Planned Unit Development District, under provisions of the Zoning Ordinance. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. 3. SITE DEVELOPMENT OWNER agrees that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement. A. CITY agrees that all signs which are permitted under Title 8, Chapter 11 of the CITY code book shall be permitted within the Subject Property. Furthermore OWNER shall be allowed to construct permanent stone entry monuments upon the Subject Property. Such Monuments shall be permitted at the entry points and not within any easements. B. OWNER shall be allowed to illuminate the church steeple and parking lots within the R -I portion of the Subject Property, provided, however, that the illumination is zero foot candles at the Subject Property line. C. OWNER/DEVELOPER shall be responsible for providing landscaping, in conformance with CITY standards along all perimeter boundaries of the subject property including a landscape bufferyard along the eastern property 120461/1 4 boundary which is adjacent to a residential use conforming to Title 8 Chapter 12 of the CITY code book Section 2.2.a. D. OWNER/DEVELOPER shall incorporate and apply to the B -3 Commercial portion of the Concept PUD Plan, all `Site Planning Principles' as defined by the CITY's "Comprehensive Land Use Plan Update Southern Study Area" Design Guidelines a copy of which sections are attached in Exhibit `B" hereto and made a part hereof. 4. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations from the CITY'S ordinances, rules, and codes contained herein have been requested, approved and are permitted with respect to the development, construction, and use of the Subject Property ( "Permitted Modifications "). (A) The existing church and child care use on the Subject Property shall continue. OWNER shall be allowed to expand the church and child care facility upon that portion of the Subject Property zoned in the R -1 District (the "Loving Arms Expansion "), as generally shown on the Concept Plan, attached hereto as Exhibit C and subject to final engineering approval by the CITY. The Loving Arms Expansion's design shall be consistent with the existing building. Such facility built upon the Subject Property shall be allowed to be built to a maximum building height of fifty -five (55) feet. The Loving Arms Expansion construction shall be Phase I of OWNER's development of the Subject Property. (B) OWNER shall be allowed to construct a Community Center /Worship Center /School Facility on the approximately 10.14 acre parcel shown on Exhibit C, to a maximum height of fifty -five (55) feet, and subject to complying with the CITY's ordinances, including, but not limited to, parking, setbacks, lighting and landscaping as well as the Design Guidelines from the CITY's 2005 Comprehensive Plan. The church steeple shall have a maximum height of one - hundred and ten (110) feet. This construction shall be Phase II of OWNER's development of the Subject Property. (C) OWNER shall be allowed to construct, maintain, and operate an outdoor recreation facility located within the R -1 area of the Subject Property. Such outdoor recreation facility may include paved surfaces and equipment necessary for skate boarding, inline skating or 120461/1 5 for any other outdoor recreational activities which the OWNER may wish to engage in upon the Subject Property. Such outdoor recreation facility shall be constructed, operated, and maintained by OWNER'S and will comply with CITY building and safety codes. (D) OWNER agrees that the uses listed in Exhibit D to this Agreement shall be the permitted uses in the B -3 Service Business District portion of the Subject Property. Nothing in this paragraph or Exhibit D shall be construed to prevent OWNER from prohibiting in its sole and absolute discretion other uses in R -1 or B -3 portions of the Subject Property. 5. UTILITIES. EASEMENTS. DEDICATIONS AND PUBLIC IMPROVEMENTS. OWNER agrees that any extension and /or construction of utilities and public improvements shall be performed in accordance with existing CITY development regulations as modified by this Agreement. Any on -site work and the cost thereof shall be the responsibility of OWNER except as otherwise provided in this Agreement. OWNER agrees to the following: (A) Upon annexation, OWNER shall dedicate a portion of the SUBJECT PROPERTY along Mill Road such that grant the linear distance from the centerline of Mill Road north is fifty feet (50'). OWNER shall pay the cost of surveying, preparing and recording the dedication. (B) As part of OWNER's Phase II construction, or upon request by the CITY, OWNER shall grant a 10' wide trail and water main easement along the northern portion of the Subject Property, approximately as shown on Exhibit C. A party other than OWNER shall pay the cost of surveying, preparing and recording the easement, as well as any construction required to install the water main. The easement shall be part of the required landscape buffer. (C) OWNER agrees within 45 days of a written request from the CITY, which includes legal descriptions and exhibits as necessary, the OWNER/DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and /or other utilities to serve the subject property and other properties within the City of Yorkville. (D) Owner agrees within 45 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER/ DEVELOPER shall convey by Warranty Deed, fee simple title of future highway or road right of 120461/1 6 way to the State of Illinois, Kendall County or the United City of Yorkville as necessary, regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density, existing or proposed buildings and related parking. or the overall ability of the Owner to safelv and with quiet eniovment use the Subiect Propertv for its intended purposes. 6. SECURITY INSTRUMENTS. A. Posting Securitv. OWNER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ( "Security Instruments ") to guarantee completion and maintenance of the land improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY, if any. The OWNER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85 %) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110 %) of the cost to complete the remaining public improvements for the applicable Phase of Development. B. Acceptance of Underground Improvements and Streets,. The CITY, once it has had the opportunity to inspect and fully confirm that the land improvements required to be constructed under this Agreement comply with CITY approved plans, specifications, and ordinances, shall approve all such public improvements, 120461/1 7 all in accordance with Section 21 of this agreement, and shall accept their dedication subject to the OWNER'S warranty, as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvements located therein. The procedure for acceptance of improvements shall comply with CITY ordinances. OWNER warrant that all land improvements required to be constructed by them hereunder shall be free from defects in workmanship or material for a period of one (1) year after acceptance thereof by the CITY. Upon notice from CITY, OWNER shall promptly commence to remedy any defects covered by the foregoing warranties, and in addition thereto, in the event that any construction or build out activity within any Phase of the development of the SUBJECT PROPERTY is determined to have damaged any land improvements previously installed by OWNER within the SUBJECT PROPERTY, then, upon notice thereof from the CITY, OWNER shall promptly commence to repair or replace any and all land improvements so damaged. C. Reduction of Suretv Within sixty (60) calendar days after (a) receipt of notice from the OWNER that certain of the land improvements and facilities within a phase of the SUBJECT PROPERTY under development have been completed, and (b) delivery to the City of all required documentation (including without limitation material certifications), the City Engineer shall inspect said improvements and indicate, in writing, either his approval or disapproval of the same. If such improvements are not approved, the reasons therefore shall, within said sixty (60) calendar day period, be set forth in a written notice to the OWNER. Upon the OWNER'S correction of the punch list items set forth in said notice, the City Engineer, at the OWNER'S request, shall re- inspect the improvements to be corrected and either approve or disapprove said improvements, in writing within sixty (60) working days of receipt of the OWNER'S notice requesting said re- inspection. As public improvements are partially completed and paid for by the OWNER and accepted by the CITY the Security Instruments deposited by the OWNER with the CITY, if requested by the OWNER, may be proportionately reduced or released on an individual phase - 120461/1 8 by -phase basis. Notwithstanding anything herein to the contrary, the CITY shall have no obligation to reduce or release the last ten (10 %) of any Security Instrument provided hereunder until all warranty obligations of OWNER secured thereby have lapsed. D. Construction of Offsite and Onsite Improvements., All improvements for Phase 1, Phase 11 and any other future phases identified, will be determined during the Preliminary Engineering approval process for each Phase. It is anticipated that during Phase I of construction, OWNER shall construct the Loving Arms Expansion, as shown on Exhibit B. Simultaneously with the construction of the Loving Arms Expansion, Owner shall construct the expanded and modified parking lot and additional stormwater retention, if necessary. All other required onsite improvements shall be constructed as part of the Phase II construction. OWNER has provided adequate road access (i.e. gravel course or paved roads) to the lots for emergency vehicles and has provided sufficient water supplies for fire fighting purposes. E. Utilitv Permits The CITY shall issue permits to OWNER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided: (1) such construction is undertaken at the risk of a party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed: (3) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; and (4) the IEPA and the Fox Metro Water Reclamation District, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY agrees to process IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits 120461/1 9 prior to CITY approval of final engineering plans. OWNER acknowledges that the CITY signatures on the IEPA permit applications do not constitute final plat or plan approval. OWNER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because other governmental agency takes action against the CITY after OWNER undertakes development activities pursuant to the provisions of this Subsection 5. 7. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite utilities, property owner association open space areas) in each Phase or Unit of Development; and approval by the City Council upon recommendation by the City Engineer, OWNER shall be entitled to a release or appropriate reduction of any applicable SECURITY INSTRUMENT, subject to a maintenance SECURITY INSTRUMENT remaining in place for a one year period from the date of approval by the CITY. 8. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNER during said five (5) year period. The CITY shall give the OWNER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said 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 approval of this agreement. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior 120461/1 10 governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by OWNER, 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. 9. BUILDING CODE. The City has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect of the date of the building permit application will govern any and all construction activity within the Subject Property; provided, however, that OWNER shall not be required to make any modification to the existing building in the event that it does not conform to the building code currently in effect. 10. FEES AND CHARGES. During the first five (5) years following the date of issuance of the first building permit, the CITY shall impose upon and collect from the OWNER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement. At the expiration of this five year term, the CITY shall give the OWNER a six (6) month grace period from the date they are notified of any changes to the permit, impact, license, tap on and connection fees and charges in order to comply with the new regulations. 11. FEES APPLICABLE TO THE R -1 AREA. As of the date of this Agreement it is the intention of the Parties that the portion of the SUBJECT PROPERTY described as R -I will have non - residential uses. However if the OWNER chooses to build any type of residential housing unit upon the SUBJECT PROPERTY then the OWNER will be subject to amending this Agreement and all CITY development fees applicable to residential developments including, but not limited to, building permit fees, donations, impact fees, dedications for school and park sites, and other CITY requirements for residential developments shall be incorporated to said amendment. 120461/1 11 12. CONTRIBUTIONS. The City shall not require the OWNER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 13. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNER shall be entitled to construct, maintain and utilize development identification, marketing and location signs on Mill Road and at such other locations within the corporate limits of the CITY as OWNER may designate subject to sign permit review and issuance by the CITY. Development identification, marketing, and location signs shall be in compliance with the sign regulations of Title 8, Chapter 1 I of the CITY code book. 14. CONSTRUCTION TRAILERS. OWNER may locate temporary construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. 15. CONTRACTOR TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right -of -way. 16. OVERSIZING OF IMPROVEMENTS. 120461/1 12 A. Recapture Agreement. In the event the CITY requests the OWNER to construct a CITY improvement beyond that needed for the proposed development or other public improvement, including oversizing and or deepening of such improvements, which will serve property other than the SUBJECT PROPERTY, and benefit other properties, then the CITY agrees to adopt recapture ordinances to reimburse the OWNER for such expenses including construction and other costs which may reasonably be expected to be incurred by the OWNER. 17. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11 -12 -8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement. 18. ONSITE EASEMENTS AND IMPROVEMENTS. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY, the CITY shall fully cooperate with OWNER in vacating and relocating such easement and utility facilities located therein. 19. DISCONNECTION. OWNER shall develop the Subject Property in accordance with the terms of this agreement, and shall not petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 20. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 21. TRANSFER. OWNER may assign this Agreement without CITY approval, but only in connection with its conveyance of all or any part of the SUBJECT PROPERTY, and upon said assignment and acceptance by an assignee, the OWNER shall have no further obligations hereunder as to the that portion of the SUBJECT PROPERTY so conveyed, but shall 120461/1 13 continue to be bound by this Agreement and shall retain the obligations created thereby with respect to any portion of the SUBJECT PROPERTY retained and not conveyed. If OWNER or its successors sell a portion of the SUBJECT PROPERTY, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement (excluding rights of recapture) which affect the portion of the SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no further obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so conveyed, but any such seller shall retain any rights and obligations it may have under this Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or conveyance, unless the successor to or assignee of the OWNER of all or a portion of the SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the construction, repair and maintenance of roadway or other public improvements with the CITY, the OWNER or other seller though otherwise released from all obligations hereunder, shall keep its letter of credit on deposit with the CITY until such time as the OWNER or the successor to or assignee of the OWNER has provided a substitute letter of credit. 22. GENERAL PROVISIONS A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assians.. This Agreement shall inure to the benefit of and be binding upon the OWNER and its successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and the CITY. 120461/1 14 C. Total Incorporation. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed facsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: If to OWNER Cross Evangelical Lutheran Church. c/o The Administrative Pastor 8609 Route 47, Yorkville, IL 60560 copy to: Wade R. Joyner 407 W. Galena Blvd Aurora, IL 60506 Fax: (630) 897-9500 If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, 1160560 Fax: (630) 553 -7575 copy to: United City of Yorkville Attn: Attorney Kathleen Field Orr 800 Game Farm Road Yorkville, 11 60560 Fax: (630) 553 -7575 120461/1 15 persons and /or addresses as an a ma y from time to time or to such other pe y p arty y � designate in a written notice to the other parties. E. Severabilitv. This Agreement is entered into pursuant to the provisions of the Agreements With Owner of Record Act of the Illinois Municipal Code (65 ILCS 5/11 - 15.1 -1, et seq.) In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Convevances Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and resolutions necessary to permit the OWNER and its successors or assigns to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. 120461/1 16 I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty -year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY /OWNER. J. Cautions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER'S expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the Subject Property. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Fox Metro Water Reclamation District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY'S obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over 120461/1 17 the SUBJECT PROPERTY, the CITY, and the OWNER, including, but not limited to, county, state or federal regulatory bodies. 120461/1 18 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CITY: OWNER: UNITED CITY OF YORKVILLE, CROSS EVANGELICAL LUTHERAN an Illinois municipal corporation CHURCH, an Illinois not for profit corporation By: t �� 1 )LC� By: Title: Mayor Pre ide Attest _ ttest: /'a / ' Wy Cler �` Dated S h a. l o g Dated: W1 120461/1 19 I I LIST OF EXHIBITS EXHIBIT A Plat of Annexation EXHIBIT B Legal Descriptions of the R -I and B -3 portions of the Subject Property EXHIBIT C Concept PUD Plan EXHIBIT D Uses Permitted in the B -3 Commercial portion of the PUD EXHIBIT E Design Guidelines for the B -3 Commercial portion of the PUD 120461/1 20 neNplar+arl>I.ylwNeteeamlu r u ` �pu mDrro nS= GR0U P ,lNC. PLAT OF ANNEXATION ...E.•BE ABN Yn•B�PYeWW TO THE � ~ UNITED CITY OF YORKVILLE W PART OF THE SOUTHWEST OUARTER OF SECTION 77, TOWNSHIP 37 NORTH, RANGE 7 EAST OF = 774E THIRD PRINCIPAL MERIDIAN, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS w xepsdroDS myr \ " ' DnNEAS r,<PnnurE sure a - nuNas ) ss ms Is m aAw mAr I/AF AN /ME r ONNER(s) LAND D£spPIBEO BI rNE ARAOW SDFIS S - .- (ZAIN7CATL AND mAT NAIE GUSEO mC 51ME ro BE PLAYW AS sroNN BY me ANNEKD our far mE uses Arvo vfAePDSaS mFAE/N s FcRm AS AIL0NE0 AND PRONOm BY 5 ANIE AND HEAEBY - - AWNONItDr,E AND A T WE BANE UNOEF mE SIYIE ANO 1/RF AfarESNN, DA= NIS DAY Lp' y am. M—) (oxrxR) TOTAL ALkEA:GE 'ro A, surf a• Iwrrors A)SS 2SOO AC306:OPvL OR'SBm ,� Ca/Nrr of 1 l NOTARY P we NAND R mE ^f ' S A7F ANo GNUNTY A—AA 00 NEREBY —C —T. d - Pmsauur Krvaxx ro _ NF ro BE we SANE PERSDVB NNOSE NA4E5 ARF SUBA'% s mC E ANN A DAM (fRnFlCA APP£ARFD BEF MC N£ 0 DAY /N PE A e AND ACKNOINf ME w U --M MON D H OF MC ANNM N SET AND AS A HISM NBmuNS faP THE Sfs AN PURPOSESEPOET Fan AB HIS p ' mEIR fRLE AAN WWNTARY ACT. p4FN UNOW NY HANG AND NOTp%AL SEAL M7S MY p' - Nofary ,aufYk . , sr m v — as � a - — YY a KENDAU) ` TNk nenamwe .,;� y ;' 1 4 ' '•. rerwleie allka vI Kwdall founrY arweuk w U. N F dpY v/ YL of _ a'tlak _ .m. h Daok _ a/ pole or pvy— 1 C Kwdoq pluaty Recwdw IN£ RaaO tylA'rvv�nNV (FOAL DESL'PoPna'K eAAT PAAr or mE BDUm NA7v of s£e X S n, AS PLAT OF ANNEXATION E1s r L1c 11K NO PRBIa YfAYOGN aELRIBm AS �ONS BEpNNINO Ar n+e sou7HUrr eaervaY a• YraRYHOOY HIarW+OS bvT Na ; BNS7n /AR7 a mE soumxesr DuARroe a zerKw n roANanv n ue/i tors Aw yrrar pDaeprs V,etvm. roMNSWP, KENOAL7. DOLNTY, Rd/vlas:' ]Nall£ SOUm a) OEaiEES m — NoIES: IroTm. RANG > GST (! MC Iw/m /BxfPAt /MPNAN KO.MLL N SE CAST 149.90 FELT m n CEHIFR UNE d w„ Ap mfN¢ 'LANDS HEREBY ANNEAtD pe = I I nv a r• em, roXNpaA KOA.WL NMTY. Ylflafp 8aele of bwrin I sivb Plano CawElnala 5 1 Eaet Zwe Narm Bo oEpif6 x MINUTES 91 SELL 0 T N NEST .— .— SAID p S LLNE • Thle map we mated iw uw ae a Plat el Mnuallen. Thb map b not rBBM fFEr 11ffN(S N(APm 00 DE .. OMU7E5 AS SEfNNDS REST b D• aced iw a^Y twNrvctlw ar ataWnp DWpaen WNaut cwewt from alb AI IaIKwIL KanNL [d14/IV euvDY NAV M, plOe IS)T.TI fEET ro mE SCUM TINE a' SAN UNIT 2 MFMT NORM fN OECMES ropx a ml op BmIBI Fn9Faerin9 eaneultvnl0. Inc 19 MINUTES DD ZL DS GSr ALONG SAN SOUm !ME MaS f ro 7HE Ebsn. UNHEO �"" 'P '" No eoumpllwe or apnemmb w fo Hwy DAAYCN BT. OA2 PIIOJER N0. POytr (Y BEpNNBIG IN BATSTOC TONNSNIP. KENOALL IWJNIY. y1R/M ply a• tppKMIF v aM4• ace, w pveewNw wn ba rmwYN nom Nb dawmwt. p0 AS/ylAa t'4AYd COAPATAnT [/NITS • Na untlerpraund ITDrovemwb Naw bow lowbd un.— chow wd rated. • Nv tlbtanw ebauld be aawmatl by wdln4 OFSpFD Br. XOIBZ S n., c. 91FZT N0. • mis mW b wltl elNwl wlpinal embwvd w tad tolwetl awl and _ _ �• �� xa Sm elpnawre aMnea — Br HEAT. SfNC . I EXHIBIT B I i LEGAL DESCRIPTION: THAT PART OF THE SOUTH HALF OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF "STORYBOOK HIGHLANDS, UNIT NO. 2, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS "; THENCE SOUTH 00 DEGREES 07 MINUTES 45 SECONDS EAST 1469.90 FEET TO THE CENTER LINE OF MILL ROAD; THENCE NORTH 80 DEGREES 31 MINUTES 51 SECONDS WEST ALONG SAID CENTER LINE, 788.26 FEET; THENCE NORTH 00 DEGREES 07 MINUTES 45 SECONDS WEST 1332.31 FEET TO THE SOUTH LINE OF SAID UNIT 2; THENCE NORTH 89 DEGREES 25 MINUTES 00 SECONDS EAST ALONG SAID SOUTH LINE, 777.25 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. 120461/1 21 EXHIBIT C SUBJECT' ITE } e6 ess 66H 1 y h I 0 o h N h COMMUNITY CENTER / WORSHIP CENTER 10.14 AC. N � on � • 6 J � h PEN SPACE 2.20 AC. Ir , i i I RETENTION 4,26 AC. B -3 ZONING 4.14 AC. 4 I I I *LOVING ARMS, CHILDCARE I .LOVING� - V �+ 12,600 FACILITY — EXPANSION ARMS EXISTING I EXPANSION l 3,27 AC. •..CITY OF ©RKVILLE F�Ef.,IOMAL ! TRAIL j Land Use Summary Land Use Acreage Percent Loving Arms Expansion 3.27 so. 13% Comm. Center /Worship Can. 10.14 ac. 41% - B -3 Zoning Parcel 4.14 ac. 16% Ret 4.25 ac. 1 Th % g Ope S 2.20 ac. 9 Cross Ev LUeran Church Ope External R.O.W. 0.99 ac. 4% Owner / Developer 5609 Route 47 o so- ten 11 Total Gross Acres 25.00 ac. 100% Yorkville, IL 60560 Scale: 1" = 120' SEC Planning CONCEPT PLAN North Date: May 21, 2008 Pf mr L . L—ps , A ,,- mm C nnnunm - 8n dnng Q ae rFl E rluos.wasasu caosc = brm41= - -c sa,mmm^s �ILLIaS� �C�OSS LUTHERAN CHU Base inappng ea pledlomb t bl [o do .Allmap YORKVILLE, ILLINOIS dalasho can decd pet ary d r rircacomand subleet to change. This land plan is eonceptualm nature and does not represent any regulatory approval. Plan is subject to change. EXHIBIT "D" Cross Evangelical Lutheran Church - B -3 Service Business Permitted Uses This exhibit lists all permitted uses within the B -3 Service Business District as they exist in the current Zoning Ordinance. Uses excluded and not permitted by this Agreement are crossed out as follows: ( not per niAe' ufi ) OFFICE DISTRICT (0) Advertising agency. Barber shop. Beauty shop. Bookkeeping service. Club prlvat e . Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Stenographic service. Stock broker. Telegraph office. Ti e k e t e f ; Title company. Travel agency. Utility office. (Ord. 1973 -56A, 3- 28 -74) Special Uses S olid wri te ,1;sp :Ate ( ` . 1973 56 A, , 3 28 1974; .a O 1995 70, 8 10 LIMITED BUSINESS DISTRICT (B -1) All uses permitted in the O district. Antique sales. Apaftm°nte, &Ingl- 4,, 4y l eea d in ba -am buildings Bakery - retail. Barbershop. I Beauty shop. Bookstore. Cafeteria (diner). Camera shop. Church or other place of worship. Cigar, eigar-efte, and tobaraeo store. Clothes - pressing and repair. Olub priv e4n4&er GV-- prl :�at� r. Community center. Dressmaker - seamstress. Drugstore. Florist sales. Fruit and vegetable market - retail. Gift shop. Grocery store - supermarket. Gymnasium. Health food store. Hobby shop. Hospital (general). Hospital or treatment center. Household furnishing shop. Ice cream shop. Jewelry - retail. Laundry, cleaning and dyeing - retail. Library. Magazine and newsstand-. Meat market. Medical clinic. Mortuary - funeral home. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. SubstAien. Swimming pool - indoor. Tennis club - private or daily fee. Trader (Ord. 197 56A Z 28 1974 .7 1994 (rode; Or-d 1 994 !A, 7_10 1994; Or 2003 4 1 7 22 2003) GENERAL BUSINESS DISTRICT (B -2) All uses permitted in the 0 and B -I Districts. Appliances - sales. Army/Navy surplus sales. Art gallery - art studio sales. Art supply store. n e dit Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. Billiard parlor. Blueprint and photostat shop. -Bowling alley, Carry -out food service. Catalog sales office. Clothing store - all types. use tel: Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new /used. Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel. Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. Paint/wallpaper store. Pawnshop. Personal loan agency. Pet store. Picture frame store. Radio and television studios. bath. Reducing salon, massetir- and steam Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973 -56A, 3 -28 -1974; amd. 1994 Code) SERVICE BUSINESS DISTRICT (B -3) All uses permitted in the B -2 district. Agricultural implement sales and service. Appliance - service only. Automotive sales and service. Beat s 2� .SGT Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive -in restaurant. Electrical equipment sales. Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Miniature golf. Motorcycle sales and service. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Recreational vehicle sales and service. Skating k, Sports Ta*i eab garage, Tennis court - indoor. Tr r-e nta L TT « sir. uek Upholstery shop. Veterinary clinic. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1986 -1, 1 -9 -1986; Ord. 1988 -7, 4 -14 -1988; Ord. 1995 -19, 8 -10 -1995; Ord. 1998 -21, 6 -25 -1998; Ord. 2005 -58, 7 -12- 2005) EXHIBIT E Desiov% Gaticlelines Si+e- Planning �winciples Site Planninal Princioles The Site Planning Principles address issues that affect the way that individual sites should be developed in order to blend in with the existing character of the City. PRINCIPLE 4: incorporate existing site conditions into development plans PRINCIPLE 5: Provide a sense of architectural interest and unique identity throughout the city PRINCIPLE 6: Enhance pedestrian experience and establish sense of place through careful design and location of open spaces PRINCIPLE 7: Thoughtful consideration of vehicular and pedestrian circulation within individual developments PRINCIPLE 8: Appropriate design of parking lots, utilities, service areas and detention areas to reduce the negative impact of typically unattractive site components ■ De Elements: The following elements shall be incorporated into development within the City: • Richness of building surface and sv w !k texture • Articulated mass and bulk k '� • Clear visibility of entrances • Well organized commercial signage • Landscaped and screened J l parking. It Special paving identifying = intersections and crosswalks Pedestrian friendly streetscapes and open spaces ■ Thoughtful consideration of circulation Screening of mechanical equipment, service areas, parking Richness ofbuifdingrnatenafs creates vfsuaf Interest lots and any undesirable elements Step -down of building scale along pedestrian, routes and building YK entrances 4 n Recognition of building hierarchy • Formal entry plazas and t "' courtyards p Detention used as an: amenity Existing trees incorporated into development Multi- planed, pitched roofs ■ Roof overhangs and arcades Provide defined entrance roads into developmentss and provide adequate vehicle storage bays at egress drives Landscaping softens the view of partcing LAKifed O Of Y'01'6illp C_cm.(oi-e6_igsive Lctncl use Plan Mpc cafe 9 EXHIBIT E Design Guidelines ■ Undesirable Elements: The following elements are discouraged in developments within the City: ■ Concrete detention basins ■ Large, blank, unarticulated wall surfaces ■ Visible outdoor storage, loading, equipment and mechanical areas Avoid large expanses of parking lots ■ Disjointed parking areas and confusing circulation patterns ■ Large expanses of parking/asphalt ■ Service areas near major entries and/or that are easily visible from roadway ■ Poorly defined site access points ■ Large "boxlike" structures Avoid large blank wall surfaces PRINCIPLE 4: Incorporate existina site conditions into development plans New development shall protect the existing environmental features throughout the City and minimize the impact of the development on the site and the surrounding land. ■ Drainage Patterns Proposed site plans shall incorporate existing drainage patterns on site in an effort to avoid significantly altering the mariner in which drainage flows offsite. At the time of site plan submittal to the City, a drainage and detention plan must be submitted. The location and type of drainage facilities must be shown. Drainage swale utilizes natural drainage patterns • Topography and Sails ■ Minimize cut and fill on site to reduce effects upon the natural drainage, pattern and natural character of the site. ■ Minimize disturbance in areas of significant existing vegetation. If necessary for site development, consider using tree wells and retaining walls to preserve existing trees where possIble. Work with existing topography to avoid large cut and fill LAvti+-e-,d Ci+y of Yo, , Wf6 Land LAse Ptcm [ApdcLfe 10 EXHIBIT E Design 044idedine-s sifp- Manning Principles * Development on unsuitable soils is prohibited. Incorporate unsuitable soils into an open space component of the site plan. * Stockpile top soil for later use in landscape areas. ■ Vegetation Preserve existing trees F Every effort should be made in the planning process to incorporate quality, existing trees ------- into the site plan design. Any quality, existing tree that occurs within the specific buffer yard as required per PRINCIPLE 9 shall remain undisturbed and be protected as part of the landscape buffer, Preservation of existing vegetation as buffer PRINCIPLE 5: Provide a sense of architectural interest and unique identity throughout the City L V The Architectural standards are provided to preserve and guide I 7 — the character of architecture throughout the City while allowing Y for individual architectural interpretation. All architectural proposals must be compatible with the vernacular of the northern Illinois region. In order to ensure compliance with the following architectural guidelines, the City requires that building elevations, plans, materials samples, color samples and Illustrations be submitted for review and approval prior to the ti commencement of building construction. Buildings Building orientation creates central open space an axis with the main entry drive Orientation Building orientation should take advantage of the building to site relationship. The orientation and location of buildings defines open spaces and circulation corridors. Align focal architectural elements, along major view or circulation axis. a fi it Define pedestrian spaces and streetscapes with building orientation. Onent primary buildings an axis and use as focal points tAnife-d Ofy of Yop - kvirfle- Copnpt-e-kekisive L-coAd We ?I'cwi, i EXHIBIT E De Guidelines Site vlanning ?s- inciples • Create view corridors CONSIDER O F S" IXJRY between buildings, plazas, Fog VIEWS 0FE5 E courtyards and adjacent I ooiPR1N ANO buildings. V"E"1noNCRFS.>E o 600CY OPPORtUNM I � Foil PAMO I � • Create pedestrian spaces, sFm�UVec+7anwa and plazas by varying building facades. ' PORCH ENC.QURAGE5 • Cluster buildings whenever ( I ° � PROMYAROAG11N7Y possible, creating 31I' opportunities for plazas and Residential building orientation creates pedestrian malls. Prevent private, intimate backyard space long, linear facades from dominating the view. • Buildings adjacent to Routes 47, 71 and 125 must face the primary roadway. No service CRwvteamt©itw I`' � _� -� z YO FORA4 tlPEN 5PACE8 � y,r ; ', 1 access, storage, etc. is allowed to face Routes 47 71 and 126. •' Develop sites m a smouc comprehensive and coordinated manner to I r� provide order and , compatibility (especially in the case of large sites Building orientation can define rnain activity areas which will be developed in phases). The exterior character and, orientation of all buildings and the spaces they define should encourage and enhance pedestrian activity. • Attention should be given to the quality and usability of the outdoor spaces formed by the exterior of a dwelling! and =, adjacent dwellings. Avoid locating the private area of one dwelling adjacent to the public area of an adjacent gig dwelling., Rear and side facades should incorporate architectural design elements rnp �(�ensive LcLnd We - 'Pjctn LApJa e '12 EXHIBIT E Design C uidedikxas Sifts PlavIvOyto PPiKC'iPIe_S ■ In multi-family residential developments, buildings should be oriented to create functional outdoor spaces. 9 In residential neighborhoods, consideration should also be given to the views from adjacent dwellings and public spaces. Facades Building facades should achieve a high level of visual interest when viewed from automobile and pedestrian vantage points. • In residential developments, front yards and porches should be used to create a sense of place and community. • Natural stone and masonry materials are to be used on the lower portions of buildings to create a visual anchor to the ground and provide interest at the pedestrian level. • Vary the planes of exterior wails in depth and/or direction. Awnings along facade ■ Wall planes shall not run in a continuous direction more than 65 feet, without an offset of at least 3 feet. • Wall planes of more than 20 feet high are prohibited without Incorporating meaningful techniques, such as awnings or a change in buiilding material, to break up the perceived building mass. ■ Awnings are encouraged along facades to provide color, shade and architectural interest. Where awnings are used along a r. row of contiguous buildings, a consistent form, material, color, location and mounting arrangement must be used, • Awnings should be located to provide a consistent minimum 8 feet vertical clearance, with a maximum generally not to exceed 12 feet.. • Colors of awnings must, complement the Awnings provide pedestrian scale element buildings., UvAite_d Ofy of Yoo Compt-ekavtsive_ LahJ LAse- 'PlaK Updcx+e '13 EXHIBIT E Design Gtiide.lines Sife Manning PI- inciples • Incorporate the awnings along with any signage to provide a uniformly designed building f fagade. • Signs on awnings are permitted. i • Internally illuminated awnings are prohibited. Garage doors oriented to side • Awnings and canopies may be made of sheet metal or canvas membrane. Plastic or vinyl awnings are not permitted. • In new residential neighborhoods, houses shall not repeat the same elevations without two lots of separation. Houses across the street from each other and back -to -back corner lots shall not be of the same elevation. • In residential areas, garages should not dominate the street view. Rather, provide parking and garages to the side or rear of lots or set the garage face back from the primary fagade of the house. Avoid allowing the garage to become the primary architectural feature. • Roof Treatment Rooftops should be considered) Important design elements as viewed from a variety of vantage points such as at ground level, from other F : r buildings and from adjacent perimeter �� --- roadways. A well- composed �_ = "roofscapefl achieves an interesting ~"� F. skyline without becoming overly busy or contrived. Roof forms should serve as natural transitions from the ground �" level to intermediate masses to the , - tallest masses and back to the Variation in roof treatments creates an interesting 'rootscape' ground. Form should also be interesting when seen from above in adjacent buildings. ■ Materials & Colors Visual continuity in major building materials: and colors is desired throughout the City. Specific criteria include the following: • Material samples of all proposed buildings must be provided for review and be approved by the City.. • Materials should be consistent with. the Community Character principles outlined in these guidelines. LAnife-d Ci fy 4 )?oi 01e. Comps e-ke sive:..LcxKd Use "cth L4pJc&e 14 EXHIBIT E Design Guidelines Site Planning Principles • Wall materials that are muted, earth tone in color and have texture are to be used. • Reserve the use of strongly contrasting materials and colors for accents, such as building entrances, railings l and trim: Avoid an excessive variety of facade materials. CO • Avoid using highly reflective materials and surfaces, _ such as polished metal, that generate glare, particularly at the pedestrian level. • Materials which may be incorporated include: native I i fi stone, brick, stucco and textured concrete. Alternative materials that achieve similar looks and are of high i J quality and low maintenance may be considered. ■ Common materials shall be located on all sides of the - .- building with the exception of service areas not visible from a public street. Varying roofilne breaks up tong expanse of building facade • Coordinating materials within a development can tie together buildings of different sizes, uses and forms. • In new residential neighborhoods at the time of initial building permit, houses shall not be the same color unless there are at least two lots of separation. Houses across the street from each other are not permitted to be the same color. • Use contrasting but compatible building materials and textures to unify exterior building elements and to create depth, proportion and scale. ■ In residential developments, buildings should complement each other by using materials and colors within the same "family", ■ Building colors should be derived from, and related to, the finishes of primary building materials. Height The overall appearance of development shall be low and horizontal, with building heights throughout the community generally low to medium scale. Building heights are expected (and desired) to vary to ensure visual interest. • Consider the use of taller buildings and /or elements to highlight significant intersections and pedestrian nodes. • Building heights shall be determined in a manner which enhances an overall residential quality. Taller buildings help identify intersections LAY%ited Gify of Yo ;,- kville Compne-kensive, LCInc1 LASe'Picin LIPCICife 15 EXHIBIT E De -sign Gkideline-s ,' �lrxnning principles • Maintain compatible relationships with adjacent dwellings and street frontages. • Building heights shall be responsive to� - F heights of homes located on slopes above and below the dwelling. • Sight lines to greenbelts, open areas, i III j water features and scenic horizon views are to be optimized and maintained to the fullest extent possible by minimizing the building height and obstruction. Front porch provides one -story element • Scenic view compatibility shall be considered in determining building height. • Within a neighborhood, a combination of � one, one and a half and two story dwellings is encouraged to add diversity to the streetscape. Entire neighborhoods or blocks of continuous two story dwellings are discouraged. • For multilevel dwellings on corner lots, locate a one -story element of the dwelling Front porch roof provides uman scale element at the street corner to help reduce the feeling of enclosure in the neighborhood.. • A two -story dwelling can best relate to a neighboring one story if it contains a one -story element. ■ Scale Buildings should appear to be of a pedestrian" or "human" scale. When components in the built environment are designed in such a way that people feel comfortable, then human scale has been ►` achieved. In general, this means that the size, patterns, textures, forams and overall three - dimensional composition - can be appreciated: at the pedestrian --- level. • ``Vary the height of buildings, and /or Varied building scale provides distmction between masses building elements where feasible, so they appear to be divided; into distinct elements or masses.. Coynpi- ekensive Land t✓lse ?1OLn LAPe(c fe `16 EXHIBIT E De-sion Guidelines Site planning P141ciples ■ Avoid large -scale buildings that are fJ'� "box- like" and typically dominate a site. , ■ Use building mass appropriate to the - site. Place buildingsr� w �� .. with larger footprints, height and massing in core��` activity areas or in the heart of the development near similar densities. By A doing so, the impact on adjacent land Pedestrian scale elements located along building facade uses will be reduced. ■ In residential areas, the relationship .. between the lot size, street width and building scale are important to creating a human scale. Elements such as trees, pedestrian path. lighting and porches can aid in achieving human scale. . `' • v e ■ Hierarchy It is important to recognize that future projects will be developed using a variety of buildings with various uses. Vehicular and pedestrian traffic should be able to avoid box like' building scale recognize the hierarchy of buildings and be ,,,,, able to decipher primary buildings from secondary buildings. ■ Primary Buildings Primary buildings, such as major anchors, public buildings Orr major attractions, shall! be located at r�• ,' prominent locations, anchoring a major view axis and serving as focal points in the community. • Gateway Buildings - a. Buildingss at major entrances corners, intersections or along significant roads should use special architectural elements to help identify that location as a "gateway ". These elements also begin to define the sense of place for the community. Primary buildings located on axis and crea focal paint LAtvii�e_d C-i of Y orkville_ Connpk- e6ns've .lL nkic] LAse Vlcn GApola #e 17 EXHIBIT E • Special architectural features may include corner towers, cupolas, clock towers, balconies, colonnades or spires. • The use of vertical elements helps to frame the entrance and guide people into and through the development. TOWERS HELP IDENTIFY CORNM Or BUILDING AS A QX1 [� I J'JTO J.-JE DEVELOPMENT LE 77 IL f il": MCOPUES HELP BREAK BREAK lip HE*HT1 OF TOWER Gateway buildings ■ Entrances • Primary entrances should be easily identifiable and relate to both human scale as well as the scale of the building(s) they serve, • Wherever possible, entrances should be inviting without becoming dark. • Main building entrances should be designed to be clearly identifiable from primary driveways and drop-offs. Additionally, they should be visible from parking areas. • Retaining walls All retaining walls must be faced (veneered) with masonry Main entry to store (stone, brick, stucco or approved equal). clearly identifiable ■ Retaining walls adjacent to or visible from any street shalt not exceed 4 feet in height. Grade changes that require retaining wails exceeding 4 feet must be terraced with a minimum of 4 feet clear separation between each wall. Exceptions may be reviewed and approved by the City in order to preserve existing tree stands. Wxifed C—i+y of Yao � Compp-e-ke"Sive LAse Ptan UpdcLfe 18 EXHIBIT Design CtAide-l|vie-s Sife-piunn*8 w Walls should be designed as an integral part of the dwelling design Stone sizes should be consistent and laid in e horizontal course. Masonry materials shall match or complement the facade nf surrounding buildings. m VVm||o at intersections must not interfere with safe sight distances. � PRINCIPLE G: Enhance pedestr experience and establish sense myplace th,oumbna,efu\ demign and location pf open spaces The creation of open space throughout the City iaen essential technique used \o break upbuilding facades. The use of such pockets of interest creates views into the various developments. Awide i range of open spaces such on public gathering plazas, open "greens", common play anyao. \ neighborhood parks and natural preserves can be incorporated into development plans, m View Corridors • Open space is considered a valuable amenhy, therefore careful consideration of vistas into open spaces from residential lots, streets and drives is required. • Maintain view corridors to provide vistas of mmemkies, natural feaduroo, open spaces and other significant elements. ' • Cnyeta focal points at main entries, on axis with major circulation route and pedestrian corridors to establish a ' ' Community Park strong 'Identity and structure for the project, LOCATE SPECIAL rEAJUR � ^ VI- AND cnenIS CORRIDOR ' View of amenity65ature is framed by use of vegetation and °~~^~-~^ C-^y of Y~''^~'"=- EXHIBIT E �3e.sige� Guidelines Sife Planhvtg �rrteiples Parks and Trails i • In residential areas, parks should be located within a 5 minute walk (approximately 1,000 feet) from each home. • Trail linkages should be provided from proposed neighborhoods to the City's comprehensive trail system, forest preserve trails and adjacent developments. : d Courtyards and Plazas Neighborhood Park Courtyards, plazas and terraces should be designed at a human scale and incorporated as public amenities around nonresidential buildings. Interrupting building facades to create "outdoor rooms" as well as varying the width of walkways will help create pedestrian spaces. These pedestrian spaces will create opportunities for comfortable outdoor experiences and are critical in defining plazas and courtyards. • Orient plazas and courtyards to views of site amenities such as open space, water features, sculptural elements or landscaped areas. • Consider opportunities to orient plazas and courtyards toward views of� significant buildings or down long corridors. • Wherever possible, create a sense of enclosure for outdoor seating areas.. Such areas should be light and airy while providing a sense of safety from Landscaping and special paving give the the elements. seating area a sense of enclosure • add elements such as trees, water features, a variety of seating areas and landscape color to give the public spaces an inviting appearance and visual interest. • Incorporate pedestrian scaled lighting: for safety and to promote use in the evening. • Incorporate pavers and paving patterns to add interest and enhance the aesthetic quality of the spaces.�,;s� • Allow for outdoor tables > and seating to promote use of the space. By doing so, - 1 an energy is created along the structure. ITdCOae�^RA1f avrr F I of Vnm+ra. ragas, CAGLIR.: ETC, TO ALM VrAk4L INMRM — � �O631CQUK4GE4bE -- - -, _ Plazas and courtywds offer spaces for outdoor cafes LA ifect City c7 f 0A e- EXHIBIT E - Design 6tAidElivies Site- plcnvi ng PP- 1vaciples PRINCIPLE 7: Thoucihtful consideration of vehicular and pedestrian circulation within individual developments The purpose of the circulation standards is to minimize hazards and conflicts and establish logical circulation patterns. The appropriate integration of vehicular and pedestrian circulation is intended to provide safe and convenient access to all sites while being attractive, efficient and functional. Vehicular Circulation Primary Site E=ntrances Each entrance to a parcel, individual building site or residential neighborhood from a primary roadway should be designed as a`"` "gateway to the area it serves. Design elements should be visually interesting and consistent with other streetscape materials used throughout the City. M Primary residential entrance highlighted with signage, When designing entries into landscaping and water elements residential and non - residential tracts, developers shall: • Coordinate with adjacent properties to consolidate entries and minimize access points along major roadways • Minimize pedestrian and vehicle conflicts by reducing the quantity of crosswalks. • Clearly identify site entries and provide a clear entry /arrival sequence. • Provide "secondary" entries to parking lots and smaller residential neighborhoods from adjacent perpendicular minor roadways to major roadways. Paving material, plants, signs and lighting should match primary entrance treatments, although landscaping intensity and signage may be reduced in scale. • Provide at least one "primary" entry to parking lots or residential communities. The use of medians and/or special paving or landscaping to identify primary entries is required. SIGN PAW -M WTHA LOGeAE nM p Wt4L 1ZINGN,EI'SEC1 AND CMUL CMS$ W#AXS OM FM s Ittitq i Nim I Rw'!t tu�)l f v '. .'�zn IPAthtAPS' ENIRYTf1. _ t gyp PAMNGLOTIDF MMD MEDWA SECCNEIAlY(ENFkM'CCNSi5IEN1 . � ' Y1fIN':Pfb44C4�.8 G41F'NFCC I, � tt Single primacy entrance reduces access paints along' Corridor eq LAnii" C—i of or, 6 irbe Gcsmpiv`e6rrssive- .L.anJ Ase- ` lcL LApJafe �?� -F-� EXHIBIT E Design CvAide_hhes Sites Manning 1�r"inciples ■ Internal Drives All internal drives should visually lead drivers to building entries, site amenities or focal elements. ■ Design drives and parking areas to fit the natural �- contours of the site in order to minimize out and fill and maintain natural drainage. ■ Align streets and drives to Sfreetaltgnmentofiersviewsofsignificantarchifectura feature offer views to significant architectural features and site amenities and ;- to direct drivers. ■ Internal streets shall be separated from parking lots by landscape islands and walkways. ■ Drop -Off Areas . Drop -off areas for vehicle passengers shall be incorporated into development plans and should provide safe, convenient access to building Landscaped island separates entries, pedestrian plazas and public open spaces. Drop -off areas must conform to all ADA parking lot from internal drive regulations and standards. • Emphasize drop -off areas with special paving material. • Design drop -off lanes so they do not obstruct traffic flow when vehicles are stopped. • Install bollards at drop -offs to provide protection for buildings and pedestrian walkways. Y LMDSCAPIM CREASES ITYVUWCz ENTRMCE USE SOL LARDS TO CREATE SPACE AND Pt.OMM PED €STRIAPIS IDENTIFY DRU -CEF AREA Wn SFECIA3 PA rM1 DROP�OFF AREA DOES NCR COHR€}CT TRAFFIC F[CW Strop -oft area doesn't conflict with regular traffic and is identified with paving and bollards t,� fecl C-iiy of " r -6 d l e inn I e s � Lcoevd LAse- PIcri LAjo dai 22 EXHIBIT Z}esBn6*ideJivAa= sife-�qu^n|^�1r,*c|p|es " SamioeAraeo 8omioa vehicle circulation throughout the City shall be designed to provide safe and efficient delivery routes for all anticipated service and delivery vehicles. The design of individual parcels to accommodate truck access ahmU meet all regulatory requirements for turning movements without sacrificing other important design objectives. | " Locate een/|oa enaae away from major streets and building entrances. ° A noise barrier is required in situations where S ervi ' area screened with landscaping gem|oe areas are adjacent to m residential land use. | « Minimize pedestrian and service vehicle conflicts. � Hide/screen views intoaemioe areas. Screening can be provided with landscaping or screen walls, Screen walls ahaU repeat materials and elements of the primary building, ° Adjoining uses should share service drives where possible. � Design service drives ha accommodate the traffic intended to use them including all entrance roads and access aisles that will be used to access the service areas. � Pedestrian Circulation ' | The purpose of pedestrian circulation standards is to establish guidelines for creating o | pedestrian circulation system that is safe and efficient. Good walking environments include: continuous routes between sites, o|oeMy defined ecoen* from parking areas, a variety of connected destinations and afee|img of' safety and security. In essence, creating aeenee of comfort. " Sidewalks Sidewalks must be constructed to � provide pedestrian access to adjacent development and connections to the pedestrian trails throughout the City. Within specific developments, sidewalks oheD provide access to and from parking lots, neighborhoods, schools, parks and, opemspaces. = Create distinct pedestrian oarhdora, which funnel pedestrians to logical getewsym, plazas or other dmadme&fona. Path provides- access to park and adjacen neighborhood /��teu~� /r�+`~ ~`��/�.J�,^ Uaa �~' --` ~-^^� ~ ��~-^°'^`'`~ I-CwVC1 We- VIC'mLArdctfe- 23 ! EXHIBIT IJesignCALAideJi=os Site- plcinkAimq prihc-lples * Place spec emphasis on pedestrian connect that link ochnols, recreation areas and other major ac areas. " Neighborhoods should have access to open space and pocket parks by way of sidewalks and trails. 0 In residential areaa, sidewalks should be |moadad on both a1doa of the street. « Pavers or other changes in material should be used for vva(ko adjacent to buildings and at street intersections to Pavers next mbuilding identify and enhance pedestrian routes. enhance appearance � Crosswalks Crosswalks are required at all intersections and key pedestrian crossings. Crosswalks must be identified bya change incolor, he|ght, width, texture, or materials. Refer to /\DA regulations and standards for any specific criteria regarding crosswalks and ramps, Enhancedpaving m Pedestrian Circulation ln Parking Lots Walkways that lead pedestrians from parking areas to buildings or plazas should be designed tofacilitate easy movement and � minimize crossing conflicts with vehicles. Pedestrians should feel comfortable about their wa to buildings and pedestrian corridors should be clearly identified. ' • Pedestrians should not ba required to cross service drives to reach major entrances from primary parking |mbs ` � • Where major pedestrian routes within parking |ntn cross Landscaped median with «mmwaa roadways and drives, use textured or colored paving materials to distinguish the route. ° Medians with sidewalks allow for am8e '"°L°�='WE circulation and reduce circulation coof|i�s. | O ��X��=� " Wherever feasible orient parking aisles perpendicular tobuilding entrances. \ / | - 5 KCA PAYING SIV 41FIM nA - ��OU Won medfanwith Sidgwafk allows safe u ]� access mbuilding emoy -_- r-roewa/kdelimeated with paving and bollards [& f.� /~|�� ~��/~~�~��,� - - —__ - + _ x +~- _' -. EXHIBIT CAwidelivias Si+e-'PIunnr0 pl-inc-|Plus ° Accessibility Owners and developers are expected to meet or exceed all requirements of the Americans with Disabilities Act (ADA), 1992, and all amendments thereto in the design and development of individual parcels, sites, buildings, and facilities. To the greatest extent possible, provide equal access in a manner that integrates ADA accessibility with ordinary accessibility, rather than separately. PRINCIPLE 8- Approar|mtedom|qn of wmrhdmm lots, utilities, service areas and detention | mmwme to nmduom the nmqat|na1mpmot of tvnJoaUn unattractive site i monmoonente � This sec provides standards for the siting and layout of parking lots, service and loading areas, Ud||t|en, tnamh, storage and detention feoU|t|ee. Specific landscaping criteria for these areas are included in the Landscape Pdno|p|eeeeotion. Site plans specifying parking and circulation designs, utility and detention requirements shall be submitted hzthe City for review. * Parking � Parking ratios and quantity of spaces shall comply r with the criteria oo\ forth in the United Qty of Yorkville Zoning Ordinance. ° Parking areas should be designed and located so ' they provide omJe and efficient vehicular and pedestrian circulation within msite. i / " Minimize negative visual impacts from adjacent roadways. " Break large expanses of pavement with landscape Minim negative visual impacts o, medians and islands. parking from roadways ° Divide parking areas which accommodate a large number of vehicles into a series of smaller, connected lots. ° Avoid situations where parking spaces directly abut structures. ° Separate parking aisles from interior collectors and entry drives whenever possible. Cm.t—^uildi° to � create open space SS court � Wail—a to buildin "' pla== should u= desi to fa=m,=°°"", =°"°rn°"'="d °^ninii' crossin "="m,m° .' Wm°*�= Ar=" =ts9es � p°n="d^""ta,'=m"ud^°s Provide pedestrian . °"*°""=" access to"^*=°°' i «e"°*p=°.ts � /—�� /~�� ~ ^ .��~~�°D�� —~` '~~` ~-- ^� ~ Y04'-Ville- EXHIBIT De-s' ^(��e]|��e Sife- " Shared Parking Where opportunities exist for shared parking between uses with staggered peak parking demands, consider reducing the total number ofparking spaces within each site or pupce|. Parking should be shared between complementary uoon such churches and office buildings. • Store Front & Street Requirements All store front parking areas shall use angled parking orparallel parking. Areas shall be provided for sidewalks and landscaping between the store front and the edge of parking at�U. m Bicycle To encourage and accommodate alternative transportation modaa, provide bicycle parking within each building site. Locate bicycle parking areas so they are visible from building entrances and convenient for riders. Parking areas shall be landscaped in a manner consistent with pedestrian plazas. A|eo, bike racks should be of a style consistent with other site elements. • Submtmtimnm/WatenMastematerStotiono � Proposed electric substations, water pump stations and wastewater lift stations shall be � screened from public views by a means of a 6 foot masonry wall on all sides with the exception of the area for gate access to the facility combined with landscaping. Service access shall be i considered and incorporated into the screening program. | • Detention • Drainage facilities should bo used maan amenity to adeve|opmenL If the existing topography allows, the [uuot|un can be incorporated into an entry feature or can be the foundation for a pork with traits and open space. • Nmduns| and/or vegetated dsaimageawalea provide open space connections, filter runoff and improve MMM M7 the aesthetic appearance cfdevelopment. --'- Lake serves em main entry feature • Detention facilities should not be designed as to require chain link fencing or concrete wm|he. [1 such designs are required due to engineering requirements, consider using decorative modular stone to give the appearance ofa retaining wall. • Detention ponds located in the front yard building setback shall be designed as m uun/iUnear, Naturalistic drainage channel provides contoured shape. omoomunmes tor trail connection W /~ifu of )?o~|^~iDes EXHIBIT IJae\ nL�wk�a||nes Site- plovinin8Ppi " Location ofUtilities Visual and mound impacts of Vh|ities, macban|my| equipment data transmission disheo, towers and other equipment should be minimized in all development plans. • Design and install all permanent utility service lines underground. • During construction and maintenance, minimize disruptions to other sites and businesses within the City, • Temporary overhead distribution power and telephone lines are permitted during construction but shall be removed immediately upon completion of site and building construction. • Wherever possible, mount data transmission and receiving telecommunication devices at ground level to the rear of structures and screen views from adjacent roadways, pedestrian paths and building sites. • Screen all electrical transformers, gas meters and other utility cabinets from view. • Structures are prohibited from being located in utility easements. Avoid locating signs, special landscape features, etc. in utility easements. • Air conditioning ho. vend systems and other mechanical systems that must be located on building roofs shall bo screened from sight sd the ground plane. • In residential communities: • Items requiring screening should be located omthe rear orside yards when possible and should bo integrated into the unit design. • Air conditioning units must be located behind a screen wall or planting hedge. • Utility meters must be located on side or rear elevations of the dwelling. � Location of Service/Delivery/Trash/Storage Azmmm The visual impacts of service, daVk/ery, trash and outdoor equipment or storage areas should be rninirmized, particularly relative to views from, public roadways and pedestrian corridors. � Thoughtful placement and integration into the architecture and site design is a priority for all sites. • []hont service antranoen, loading doo&s, waste disposal areas and other similar uses toward service roads and away from major streets and primary building entrances, • LqosUm loading, service, trash and delivery areas no they do not, encroach on any setbacks. that match architecture of'primary building t��^ /�;f�p ~��~�L~ iM�a ' � � / Yo o6 EXHIBIT Das|gpCiLAideJ|nas sifePIqnnn81r+*r-|p . • Avoid locating aemioo areas whore they are visible from adjacent buildings or where they may impact view corridors. Such facilities are more appropriate at the rear of buildings ursites. • Trash enclosures must be located away from residential property lines, ----------`°' -' - • Wherever poeeib|e, coordinate the locations of service areas between adjacent users or developments, so that o=re°/ dumpsters with walls and materials that service drives can beshared. --'--------~-'~'~~~~g p Locate parking areas for outdoor equipment, trucks trailers, mice vehicles etc. away from public parking lots and major pedestrian circulation routes. Unless totally out of view, screen these areas architecturally and with landscaping. = All proposed dumpmtena, trash receptacles, refuse storage cnntainero, outdoor storage, and ground mounted equipment should be located within an ono|naur8 providing screening � along with landscaping along the perimeter. Such enclosures shall repeat meder|m|a and � elements on the primary building. � /~�^, ~��.�.:[i. �~`"=^~ ~-`'� °| ��=,~�°m=`