Ordinance 2008-066 STATE OF ILLINOIS ) 200800-020540
)ss
COUNTY OF KENDALL) �". E 4 N E I- T d-I S
KENDALL COUNTY, IL
RECORDED: 9/16/2008 9:37 AM
ORDI: 54.00 RHSPS FEE: 10.00
PAGES: 18
THIS IS A COVER PAGE
FOR RECORDING
PURPOSES ONLY
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STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Ordinance No. 2008 - (0(0
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING THE FIRST AMENDMENT TO THE HRM PROPERTIES PLANNED UNIT
DEVELOPMENT AND ANNEXATION AGREEMENT
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 entered into a Planned Unit Development and Annexation Agreement with
Old Kent Bank, successor Trustee to Merchants National Bank of Aurora, as Trustee under Trust #5085
(the "Original Trustee ") and Arthur Sheridan (the "Original Owner ") and Courthouse Square, L.L.C.
(the "Original Developer "), dated August 10, 2000 (the "Agreement"); and,
WHEREAS, the Original Trustee, the Original Owner, and the Original Developer subsequently
assigned their rights in the Agreement to the First National Bank of Ottawa as Trustee under Trust
#2466 and as "Owner," and HRM Properties and Development, LLC as "Developer;" and,
WHEREAS, the City and Owner and Developer now desire to amend the Agreement which will
indicate the zoning of the subject property to be Planned Unit Development ( "PUD ") Zoning, and an
ordinance approving PUD Zoning will be passed concurrently with this ordinance; and,
WHEREAS, the amendment to the Agreement will also increase the amount of commercial
space with the proposed end users being a bank, gas station, day care center, and retail space with a
drive thru business; and,
WHEREAS, the amendment will permit special uses for the gasoline service station and the
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drive thru facilities; and,
WHEREAS, a public hearing was conducted by the Plan Commission regarding the PUD
amendment on June 11, 2008; and,
WHEREAS, the Mayor and City Council deem it necessary to approve the proposed First
Amendment to the HRM Properties Planned Unit Development and Annexation Agreement, attached
hereto, which 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 First Amendment to the HRM Properties Planned Unit Development
and Annexation Agreement is hereby approved.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
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Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this o?o;
day of A.D. 2008.
A
(>. -Ptk7y CITY CLERK U
ROBYN SUTCLIFF JOSEPH BESCO u
I
ARDEN JOE PLOCHER WALLY WERDERICH ---
GARY GOLINSKI MARTY MUNNS V
ROSE SPEARS V BOB ALLEN r)
Y
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this C�a
day of J (A of 2008.
X-0 *') a1AAk
MAYOR
2
July 8, 2008 Draft
July 15, 2008 Staff Redline
Revised July 17, 2008
Revised JuIv 18, 2008
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
FIRST AMENDMENT TO
PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT
OF OLD KENT BANK SUCCESSOR - TRUSTEE TO
MERCHANTS NATIONAL BANK OF AURORA TRUSTEE UNDER TRUST #5085
AND
ARTHUR SHERIDAN (FORMER OWNER) AND
COURTHOUSE SQUARE, LLC (FORMER DEVELOPER)
N /K/A HRM PROPERTIES AND DEVELOPMENT, LLC (OWNER)
PROJECT TO BE KNOWN AS
CANNONBALL TRAILS
THIS AGREEMENT is made and entered into this __q_ day of 6i= PTEiq 6Ce— ,
2008 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY "), HRM
PROPERTIES AND DEVELOPMENT, LLC, an Illinois Limited Liability Company
(hereinafter referred to as "OWNER/DEVLEOPER " ), of the County of Kendall, State of Illinois.
WITNESSETH
WHEREAS, OWNER/DEVELOPER of the real property which is the subject matter of
said Agreement comprising of approximately 6.14 gross surveyed acres, more or less, and is
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more particularly described in the attached Exhibit "A ", which is attached hereto and
incorporated herein by reference and is hereinafter referenced as the "SUBJECT PROPERTY ";
and
WHEREAS, the SUBJECT PROPERTY is located within the corporate boundaries of the
CITY; and is not located within the corporate boundaries of any other municipality; nor is any
portion thereof classified as flood plain; and the SUBJECT PROPERTY was previously annexed
to the CITY under Document #2000 -12562 filed with the Kendall County Recorder of Deeds on
September 15, 2000; and
WHEREAS, said Planned Unit Development and Annexation Agreement at the time
classified various portions of the development with certain zoning classes represented by B -1
Limited Business District and B -2 General Business District under the CITY Zoning Ordinance;
and provided certain restrictions of use which are hereby requested to be amended by
OWNER/DEVELOPER as follows:
1) That OWNER/DEVELOPER requests an amendment of said Planned Unit
Development conforming the existing Agreement and Zoning of the SUBJECT
PROPERTY to Planned Unit Development, in conformity with the current United
City of Yorkville Zoning Ordinance.
2) That the uses permitted under the original Planned Unit Development and
Annexation Agreement shall be permitted to specifically allow as a permitted use
under the PUD Classification to operate a gas station with car wash and
convenience center without an hour limitation on Lot 1 of the SUBJECT
PROPERTY as described in Exhibit "A ".
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3) That no more than one (1) drive -thru facility shall be permitted as a permitted use
within the commercial center located on Lot 2 and on Lot 3 of the SUBJECT
PROPERTY as described in Exhibit "A" for a total of two (2) drive -thru facilities
on the SUBJECT PROPERTY.
4) That paragraph 3(b) of the original Planned Unit Development and Annexation
Agreement is hereby modified to delete any reference to a lack of sanitary sewer
capacity available through Yorkville Bristol Sanitary District in that it has been
affirmatively represented that adequate sanitary sewer capacity currently exists to
serve the SUBJECT PROPERTY.
5) That paragraph 8(b) of said Planned Unit Development and Annexation
Agreement is hereby modified to permit the design, construction, and location of
a daycare center with rear yard setback to the north as shown on the Preliminary
PUD Concept Plan attached hereto and incorporated herein as Exhibit `B" (Site
Plan). That the rear setback of said building shall include on the rear yard
berming, landscaping, and boundary line fencing to separate its proximity to
neighboring residential uses to the north in conformity with Exhibit `B" (Site
Plan) and Title 8, Chapter 12 of the City Code Book in effect at the date of
approval of this PUD Amendment. OWNER/DEVELOPER shall not be required
to maintain a four hundred (400') setback, said condition from paragraph 8(b) of
said Planned Unit Development and Annexation Agreement having been herein
modified and deleted.
6) That paragraph 8(d) of the Planned Unit Development and Annexation Agreement
shall be modified to permit parking to be calculated for the daycare use proposed
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on Lot 4 of the Concept PUD Plan. Said daycare use shall provide one (1)
parking space per each employee plus one (1) parking space for every ten (10)
students.
7) That the original Planned Unit Development and Annexation Agreement shall be
modified to require OWNER/DEVELOPER to comply with the current United
City of Yorkville Landscape Ordinance per Title 8, Chapter 12 of the City Code.
8) OWNER/DEVELOPER has agreed to comply with Best Management Practices
in the design, construction, and implementation of a stormwater control facility
taking due account of potential chemicals, or petroleum products being detained,
maintaining water quality standards and releasing no pollutants to Blackberry
Creek.
9) OWNER/DEVELOPER is desirous of developing with the setbacks as set out in
Exhibit "B" (Site Plan) attached hereto and incorporated herein by reference and
which is entitled Site Plan as prepared by Koziol Engineering Services and
revised May 23, 2008.
WHEREAS, the OWNER/DEVELOPER acknowledge the SUBJECT PROPERTY is
within the territory described by Resolution 1995 -13 and is subject to a recapture payment for
water and sanitary sewer infrastructure to the CITY payable at the time of Final Subdivision Plat
approval or issuance of the first building permit, whichever occurs first. Said resolution
establishes a recapture payment amount per acre and requires annual interest accumulating from
July 1995. The Parties acknowledge the 2008 amount of said recapture payment is $2,670.00 per
acre, totaling $16,393.80 for the SUBJECT PROPERTY.
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WHEREAS, The CITY and its Plan Commission has considered the Petition to Amend
the Planned Unit Development and Annexation Agreement as to the SUBJECT PROPERTY,
WHEREAS, OWNER/DEVELOPER and their representatives have held a Public
Hearing in front of the City Council on July 22, 2008, as to said requested PUD Amendment and
prior to the execution of this Agreement; and said Public Hearing Notice, was duly published and
a Public Hearing was held to consider this Agreement, as required by the statues of the State of
Illinois in such case made and provided; and
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11 - 15.1 -1 through 51.1 -5, inclusive, relating to Annexation/Planned Unit Development
Agreements, the parties hereto wish to enter into a binding agreement with respect to the future
zoning and development of the SUBJECT PROPERTY and to provide for various other matters
related directly or indirectly to the development of the SUBJECT PROPERTY in the future, as
authorized by, the provisions of said statutes; and
WHEREAS, pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have held such public hearing and have taken all
further action required by the provisions of and the ordinances of the CITY relating to the
procedure for the authorization, approval and execution of this Amendment to Annexation/
Planned Unit Development Agreement by the CITY.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11-
15.1-1 through 65 ILCS 5/11- 15.1 -5, as amended, as follows:
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A. ZONING. The CITY shall adopt an ordinance approving the requested PUD
Amendment as to the SUBJECT PROPERTY described herein in the attached Exhibit "A" as to
the Amended Application of the Cannonball Trails Project as set out in the attached Exhibit "B ";
(i) As to each of the requests made in the Amended Application for Planned Unit
Development and Annexation Agreement amendment request; and as specifically
hereinafter set out, and in addition thereto the CITY hereby agrees and said
Ordinance to change the zoning classifications on the SUBJECT PROPERTY
pursuant to said amendment to Planned Unit Development Zoning.
B. RESTRICTIONS.
(i) Amendment of said Planned Unit Development conforms to the existing
Agreement and Zoning of the SUBJECT PROPERTY to Planned Unit
Development, and conforms with the current United City of Yorkville Zoning
Ordinance.
(iii) The uses permitted under the original Planned Unit Development and Annexation
Agreement are permitted to specifically allow as a permitted use under the PUD
Classification to operate a gas station with car wash and convenience center
without an hour limitation on Lot 1 of the SUBJECT PROPERTY as described in
Exhibit "A ".
(iv) No more than one (1) drive -thru facility shall be permitted as permitted uses
within the commercial center located on Lot 2 and on Lot 3 of the SUBJECT
PROPERTY as described in Exhibit "A" for a total of two (2) drive -thru facilities
on the SUBJECT PROPERTY..
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(v) That paragraph 3(b) of the original Planned Unit Development and Annexation
Agreement is hereby modified to delete any reference to a lack of sanitary sewer
capacity available through Yorkville Bristol Sanitary District in that it has been a
firmly represented that adequate sanitary sewer capacity currently exists to serve
the SUBJECT PROPERTY.
(vi) That paragraph 8(b) of said Planned Unit Development and Annexation
Agreement is hereby modified to permit the design, construction, and location of
a daycare center with rear yard setback to the north as shown on the Concept PUD
Plan attached hereto and incorporated herein as Exhibit `B" (Concept PUD Plan).
That the rear setback of said building includes on the rear yard berming,
landscaping, and boundary line fencing to separate its proximity to neighboring
residential uses to the north in conformity with Exhibit "B" (Concept PUD Plan)
and the United City of Yorkville City Code Title 8, Chapter 12 (Landscape
Ordinance) that is in effect at the date of approval of this PUD Amendment.
OWNER/DEVELOPER is not required to maintain a four hundred (400') setback,
said condition from paragraph 8(b) of said Planned Unit Development and
Annexation Agreement having been herein modified and deleted.
(vii) That paragraph 8(d) of the Planned Unit Development and Annexation Agreement
is hereby modified to permit parking to be calculated for said daycare center use
proposed on Lot 4 of the Concept PUD Plan. Said daycare use shall provide one
(1) parking space per each employee plus one (1) parking space for every ten (10)
students.
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(viii) That the Preliminary Planned Unit Development shall comply with City Code
Title 8, Chapter 12 (Landscape Ordinance).
(ix) OWNER/DEVELOPER has agreed to comply with Best Management Practices in
the design, construction, and implementation of a stormwater control facility
taking due account of potential chemicals, or petroleum products being detained,
maintaining water quality standards and releasing no pollutants to Blackberry
Creek.
(x) OWNER/DEVELOPER will develop with the setbacks as set out in Exhibit "B"
attached hereto and incorporated herein by reference and which is entitled Site
Plan as prepared by Koziol Engineering Services and revised May 23, 2008.
(xi) That in all respects, the subject development shall be in conformance with the
terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control
Ordinance, and all other applicable Ordinances except to the extent modified
herein.
C. RECAPTURE. Paragraph 4 of the original Planned Unit Development and
Annexation Agreement is hereby modified to include item D to state: "The
OWNER/DEVELOPER shall pay the CITY an amount of $1,500.00 per acre of the SUBJECT
PROPERTY plus 6% interest per annum calculated from July 1, 1995 - immediately upon
approval of a Final Plat of Subdivision or at the time of issuance of the first building permit on
the SUBJECT PROPERTY, whichever occurs first per Resolution 1995 -13.
D. 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
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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.
E. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that
time is of the essence of this Agreement and that all of the parties will make every reasonable
effort, to expedite the subject matter hereof. It is further understood and agreed by the parties
that the successful consummation of this Agreement requires their continued cooperation.
F. COVENANTS AND AGREEMENTS. The covenants and agreements contained
in this Agreement shall be deemed to be covenants running with the land during the term of this
Agreement and shall insure to the benefit of and be binding upon the heirs, successors and
assigns of the parties hereto, including the CITY, its corporate authorities and their successors in
office, and is enforceable by order of the court pursuant to its provisions and the applicable
statutes of the State of Illinois. Except to the extent modified herein the original Planned Unit
Development and Annexation Agreement entered into between the parties are hereby ratified and
re- confirmed as the Agreement of the parties.
G. BINDING EFFECT AND TERM. This First Amendment to Planned Unit
Development and Annexation Agreement shall be binding upon and inure to the benefit of the
parties hereto, and their successors and Owner of record of land which is the subject of this
Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so
long as development is commenced within a period of twenty years from the date of execution of
this Agreement by the CITY.
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H. NOTICE. Any notices required hereunder shall be in writing and shall be served
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upon any other party in writing and shall be delivered personally or sent by registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to the CITY: CITY Clerk
800 Game Farm Road
Yorkville, IL 60560
With a copy to: Kathleen Field Orr, City Attorney
800 Game Farm Road
Yorkville, IL 60560
To OWNERJDEVELOPER:
HRM Properties and Development
300 N. Lake Street
Montgomery, IL 60538
Attn: Harold Oliver
With a copy to: Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
or to such other addresses as any party may from time to time designate in a
written notice to the other parties.
I. ENFORCEABILITY. This Agreement shall be enforceable in any court of
competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to
secure the performance of the covenants herein contained.
In the event any portion of said agreement becomes unenforceable due to any
change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in full
force and effect.
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J. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances
which are required to give legal effect to the matters contained in this Agreement or to correct
any technical defects which may arise after the execution of this Agreement.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
day of , 2008.
UNITED CITY OF�Y
By:
:
k
ft ._ .e Tim ��R -d , Mayor p
W.&,, WeJenck
Attest:
EiOttrY CITY Clerk � U
Dated: q Iq /0 j'
OWNER/DEVELOPER:
HRWROPERTIES AND DEVELOPMENT, LLC
4
By:
Attest:
C
Dated:, ��, 2,)(
v
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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EXHIBIT LIST
Exhibit "A" Legal Description
Exhibit "B" Concept PUD Plan
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EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST
QUARTER, THEN SOUTH 88 °41'11" WEST, ALONG THE SOUTH LINE OF OAK
KNOLLS SUBDIVISION, 285.05 FEET TO THE EAST LINE OF CANNONBALL TRAIL;
THEN SOUTH 21 °49'35" EAST ALONG SAID EAST LINE, 231.90 FEET TO AN ANGLE
POINT THEREIN; THENCE SOUTH 68° 10'25" EAST ALONG SAID EAST LINE, 5.0
FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 18 °56'06" WEST ALONG
SAID EAST LINE 118.52 FEET TO AN ANGLE POINT; THEN SOUTH 21 °49'35" WEST
ALONG SAID EAST LINE 185.73 FEET TO AN ANGLE POINT; THEN SOUTH
45 °10'25" EAST ALONG SAID EAST LINE 73.20 FEET TO THE NORTHERLY LINE OF
US ROUTE NO. 34; THEN EASTERLY ALONG SAID NORTHERLY LINE, 462.40 FEET
TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 °49'35"
ON SAID EAST LINE, 697.74 FEET TO THE POINT OF BEGINNING IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 6.148 ACRES.
m
CANNONBALL TRAILS =
_ SITE PLAN co
00
w. ..,,. �w�
PR D — B -2 ZONING
5 vaoo r
REQUIRED PROPOSED
LOT 4 LOT AREA (mm) ID'o00s1 44,518x1 (LOT 1)
U 9 FRONT YARD (min) N/A N/A
1!Y:A S1DE YARD to side lot liar 20' 20' (LOT 1)
r- SIDE YARD Aalacenl to street 30' 35.85' (LOT 1)
S REAR YARD 30' 33.87' (LOT 2)
TRANSITIONAL YARD to residential 30' 30' (LOT 4
LOT COVERAGE RATIO (mas) 807 79.05 (LOT 1)
Z °
LOT 3_ \ ,D,B; tl ^ J LOT AREAS: LCR• I BUILDING AREAS: REQUIRED PARKNG PROPOSED PARKING
�LOT 1 0.978 O< 21.8E 3,220 s! CAS STpTON t1 SPACES (].3:1000) 1t4 SPACES (4.461000)
8 j V 4C LOT 2 1.1]] Oc 1 9.7% 3,000 of BANK 10 S S PACES (3.]:1000) 123 SPACES (7.66:1000)
LOT 3 2.554 Oc 13.5% 15,000 of RETAIL 50 PACES (].3:1000) X85 SPACES (566;1000)
LOT 4 1.291 ac 16.95 9.500 f KINDERCARE 38 SPACES (TED) 138 SPACES (4 IOOD)
s (
I L.L. I LLJ I_�I 11 III I ' i I � TOTAL BOO ec 1 129.636 SF TOTAL - 109 SPACES ITOTAL - 160 SPACES
`LCR INCLUDES ALL PERMANENT HARD (IMPERVIOUS) SURFACES
r LEGEND
~K Etm e-
LOT 2
LOT 1
e eo
I Rno mnc
/e'" osw � wmc ,uN NIRRRs
PRFPARTD R REVISIONS
PREPARED FOR Y NO DATE DESCRIPTION NO I DATE DESCRIPTION CANNONBALL TRAILS
KOZIOL £NCINEERINC SERVICES 0 04/22/081 SITE PLAN
HRM PROPERTIES AND DEVELOPMENT grn,lmol [ngln.x. 1 OS 23/081 SITE PLAN(ravisad Der YOr4ville rewen7
NT NORM LAKE STREET Ton Ocu[n Avi 1 OS %2B /08 REVISED GAS STATION CONCEPT
MONTGOMERY, ILLINOIS 60638 I un6. IL aavx SITE PLAN
(630) a59 -1044 ......
CIVIL/ CONSUL r/NO LNOINEFRS S.N. D BY JFK I FlLE NAME 051 ]151TE OS -2R -08 - I SHCET NO.
ORN BY; ADP SCALE I aO I I n1 I