City Council

NOTICE OF SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF GENEVA NOTICE IS HEREBY GIVEN that the City Council of the City of Geneva shall conduct a special meeting on Monday, October 14, 2013 immediately following the Regular Committee of the Whole Meeting at 7:00 p.m. The special meeting will be held at the City Council Chambers, Geneva, Illinois for the purpose of considering the following item(s): 1. Recommend Ordinance No. 2013-34 Approving Update #14 to Delnor-Community Hospital PUD Related to New Monument Signs, Landscaping, and Roadway Improvements. All interested persons are invited to attend the City Council special meeting. Date: Oct. 10, 2013 _______________________________ Mary L. McKittrick, Deputy City Clerk This notice has been posted at City Hall City of Geneva, 22 South First Street, Geneva, Illinois on October 10, 2013 and has been tendered to members of the media requesting notices of public meetings.  AGENDA ITEM EXECUTIVE SUMMARY Review, Consideration, and Approval of Delnor Community Hospital Planned Agenda Item: Unit Development Update #14 – related to new monument signs, landscaping, and roadway improvements. Dick Untch, Community Development Director Presenter & Title: David DeGroot, City Planner Date: October 14, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting City Council Meeting X Special City Council Meeting Public Hearing Other ‐ YES Estimated Cost: $0 Budgeted? NO Executive Summary: In 2003, the City of Geneva approved a comprehensive Planned Unit Development for the Delnor Community Hospital campus that laid out a specific review process for three types of projects. The first project type requires staff approval only and would consist of smaller additions to existing buildings or parking lot expansions. The second project type requires Delnor to submit plans for review through the City's formal site plan review process, and involves new freestanding buildings or very large additions to existing buildings. The third project type is for amendments to the PUD or Special Uses. Cadence Health is requesting approval of new monument signs for the hospital campus. Signs are planned to be located at the northeast (Randall Road & Williamsburg Avenue) and southeast (Randall Road & Keslinger Road) corners of the campus. Coordinated signs are also planned for the Delnor Drive entrances and Williamsburg Avenue and Keslinger Road. In addition to the new signs, Cadence Health is requesting approval of landscaping improvements in these areas. Finally, the applicant is requesting approval of renovations to the north campus entrance (Delnor Drive & Williamsburg Avenue) to create a larger island incorporating one of the proposed monument signs and new landscaping. The requests for approval of the new monument signs and landscaping only require staff approval per the review processes set forth in the Delnor Community Hospital PUD. Interior roadway improvement projects may also be reviewed and approved by staff, unless the roadway improvement affects points of access to the hospital campus or alters intersections with public rights‐ of‐way. The north entrance intersects with Williamsburg Avenue and the proposed changes affect access to the hospital campus, therefore Site Plan Approval is required. Attachments: (please list) Ordinance Development Plans Recommendation / Suggested Action: (briefly explain) At its meeting on September 26, 2013 the Plan Commission unanimously recommended approval of Update 14 to the Delnor‐Community Hospital PUD related to new monument signs, landscaping, and roadway improvements, as shown in the attached ordinance.  ORDINANCE 2013‐34 FOURTEENTH RESTATEMENT OF ORDINANCE 2003‐33 (THE DELNOR‐COMMUNITY PLANNED UNIT DEVELOPMENT) WHEREAS, pursuant to Article III of Ordinance 2003‐33, the Owner, as therein defined, has obtained approval from the City for certain projects within the Delnor PUD; and WHEREAS, said project and the text provisions of the Delnor PUD governing such approvals are as follows: a. Modification of signage, landscaping and other entrance amenities (Article III, Sections 1and 2) WHEREAS, the foregoing project was reviewed by the Director of Community Development and City of Geneva Development Staff and designated as “PUD Update Plan 14”; and WHEREAS, Article IV of Ordinance 2003‐33 requires that any projects approved under the provisions of Article III be confirmed by the adoption of a restatement of Ordinance 2003‐33 setting forth the expansion or addition approved by the Development Department and the resulting status of the Delnor PUD's development; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS THAT ORDINANCE NO. 2003‐33 ADOPTED ON JULY 7, 2003, BE AND THE SAME IS RESTATED AS FOLLOWS: [NOTE: CHANGES FROM THE MOST IMMEDIATE PRIOR RESTATEMENT ARE IN BOLD TYPE, ITALICIZED AND UNDERLINED]  AN ORDINANCE AMENDING AND RESTATING AN EXISTING SPECIAL USE FOR THE DELNOR CAMPUS PLANNED UNIT DEVELOPMENT, AND FURTHER AMENDING THE FISHER FARMS PLANNED UNIT DEVELOPMENT, GRANTING FINAL PLANNED UNIT DEVELOPMENT PLAN APPROVAL FOR PROPERTY GENERALLY BOUNDED BY RANDALL ROAD ON THE EAST, WILLIAMSBURG AVENUE ON THE NORTH, FISHER DRIVE ON THE WEST AND KESLINGER ROAD ON THE SOUTH (THE DELNOR‐COMMUNITY PLANNED UNIT DEVELOPMENT). PREAMBLE A. Effective April 17, 1989, the City of Geneva (the "City") entered into a certain Annexation Agreement recorded in Kane County (the "County") on June 22, 1989 as Document number 1980269 (the "Delnor Annexation Agreement") which Delnor Annexation Agreement provided for the annexation and development of certain real property which forms part of the subject matter of this Ordinance, legally described at "Exhibit A" attached hereto and incorporated herein by reference. B. Effective February 22, 2000, the City adopted Ordinance No. 2000‐16 which approved a Planned Unit Development for the property forming the subject matter of the Delnor Annexation Agreement (as amended, the "Delnor PUD"). C. Effective April 15, 1996, the City entered into a certain Annexation Agreement recorded in the County as Document No. 96k063701 (the "Fisher Farm Annexation Agreement") which provided for the annexation and development of certain real property also forming part of the subject matter of this Ordinance and legally described at "Exhibit B" attached hereto and referred to in the Fisher Farms Annexation Agreement as Commercial Area E (the "West Parcel") and incorporated herein by reference pursuant to Ordinance No. 96‐25 (the "Fisher Farm PUD"). D. Delnor‐Community Hospital and Delnor‐Community Health Care Foundation (collectively the "Owner") is the current owner of the Delnor PUD and the West Parcel and have filed an Application to Amend the Delnor PUD and the Fisher Farms PUD to create a final planned unit development governing development and use of the 87 acre assemblage and future additions thereto (the "Delnor Campus PUD"). E. The Geneva Plan Commission has held public hearings on said Special Use for a Planned Unit Development amendment and application, has recommended approval thereof and made Findings of Fact attached hereto at “Exhibit C”, all in accordance with the applicable laws and Ordinances of the City. F. The City Council, acting as the Committee of the Whole, received and accepted the recommendation of the Plan Commission and the Findings of Fact and considered same on May 12, 2003 and July 7, 2003. G. The City Council of the City of the City of Geneva has received the recommendations and Findings of Fact of the Plan Commission and the Committee of the Whole and considered the same on July 7, 2003. H. The City Council of the City of Geneva concurs with the recommendation and Findings of Fact of the Plan Commission and the Committee of the Whole except regarding Special Use Standard 6. Regarding Special Use Standard 6, the City Council of the City of Geneva finds: Page 2 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  The plan as submitted by the applicant, contains adequate setbacks and control of building heights at those setback lines to ensure compatibility with adjacent and nearby property. Further, the taller building within the project will be isolated from the campus perimeter. Additionally, the restriction of building height with the 20‐acre portion of the campus will assure that structures within that area will be substantially lower in height than would otherwise be allowed in the OR Office Research District. The United States Department of Transportation Federal Aviation Administration (the “FAA”) operates a “VOR” air traffic navigation facility on a site located approximately 1,600 feet west of the subject property. The applicant is aware that certain administrative regulations, orders and rules are used by the FAA to determine if the heights of buildings surrounding VOR facilities interfere with operations or cause a hazard to air navigation. Under the proposed PUD, the heights of buildings may affect VOR operations. As detailed plans are formulated for future new buildings or expansions to existing buildings, the applicant shall bear the responsibility of complying with all such regulations, orders and/or rules applicable to construction on property subject to the Delnor‐Community Planned Unit Development. As to the entire project, the mass of buildings authorized by the proposed amendment is significantly less than the maximum permitted under straight zoning within the OR Office Research District. The maximum height authorized at the center of the campus is reasonably mandated by the applicant’s expressed necessity of concentrating services into the most usable and economic configuration and location; the height restrictions on the remainder of the property assure that the applicant’s overall average project height will be less than that otherwise authorized in the OR Office Research District. I. The Owner and City believe that the amendment will be better understood if the Delnor PUD, as amended, is restated in its entirety. Accordingly, this amending instrument is intended as a substitution for Ordinance No. 2000‐16, as amended and that portion of the Fisher Farm PUD governing the West Parcel. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, THAT ORDINANCE NO. 2000‐16 IS AMENDED AND RESTATED TO READ AS FOLLOWS: ARTICLE I SPECIAL USE PLANNED UNIT DEVELOPMENT APPROVAL That Appendix D of the Geneva Municipal Code, as amended from time to time, and as set forth in the Zoning District Map as described therein and on file in the Office of the City Clerk, is hereby amended by granting a Special Use for a Planned Unit Development in the OR Office Research District for the "Delnor Campus PUD" subject to the requirements, conditions and restrictions provided for herein. Page 3 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  ARTICLE II PLANNED UNIT DEVELOPMENT PLANS SECTION 1: UPDATE PLAN APPROVAL Subject to such terms and conditions stated herein, the Update Plans, as set forth below and attached hereto at “Group Exhibit D”, have been reviewed and approved by City of Geneva Development Staff and that approval is hereby adopted by the City Council of the City of Geneva. Notwithstanding the grant of a Special Use for a Planned Unit Development approved under Ordinance 2003‐33 and the approval of the Update Plans hereafter set forth, Owner its successors and assigns shall comply with all state and federal laws, regulations and rules which are applicable to the construction of the development contemplated under the Final Planned Unit Development Plans. The Update Plan and related documents are as follows: A. PUD Update Plan 9, prepared by V3 Companies, revision dated August 16, 2013. B. Site Plan prepared by Lannert Group, revision dated December 16, 2009. C. Landscape Plans prepared by Lannert Group, revision dated December 16, 2009. D. Delnor Hospital Gateway Monument Signage Plan Set, prepared by The Lakota Group, revision dated August 16, 2013. E. Monument Sign Details prepared by Accurate Repro Inc., revision dated August 16, 2013. SECTION 2: CONDITIONS OF APPROVAL The approval of the improvements associated with Update Plan #14, as identified on the above‐referenced plans, is subject to the following conditions: A. The paved width of the north entrance shall be increased from 16 feet to at least the minimum required paved width of 18 feet. All plans should be revised accordingly. B. The Juniper bushes shown directly in front of the door of the transformer at the southeast corner (Williamsburg Avenue and Delnor Drive) shall be moved to the sides and grass shall be planted in front of the door. C. A traffic management plan sheet detailing all of the advanced signage/detours/barricades necessary to warn and protect the motoring and pedestrian public shall be provided. D. Final engineering shall be approved prior to building permit issuance by the City. ARTICLE III DEVELOPMENT OF THE DELNOR CAMPUS PUD: TYPES OF PERMITTED CONSTRUCTION AND MANNER OF APPROVAL OF SAME SECTION 1: EXPANSIONS OR ADDITIONS REQUIRING CITY DEVELOPMENT STAFF REVIEW AND APPROVAL ONLY: The following types of expansions and additions to buildings and structures with Delnor Campus PUD shall require only the review and written approval of the City’s Development Staff (for the purposes of this Ordinance, “Development Staff” shall mean the Director of Community Development, the Director of Public Works, the Building Commissioner, the City Engineer and the Fire Inspector): A. The construction of new, or the modification of existing surface parking lots; Page 4 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  B. The construction of any freestanding accessory building of less than 5,000 square feet; C. The expansion, either vertically or by increased footprint, of existing building or structure up to the following limitations: Building/Structure Current Square Expansion or Addition Limitations Footage Hospital 454,483sq. ft. 75,000 sq. ft. for a single project but not to exceed a total of 512,616 sq. ft. (125%*) 302 Randall Road (common name) (B 74,857 sq. ft. 93,571 sq. ft. (125%*) on Update Plan) 351 Delnor Drive (B‐1and B‐2 on 123,530 sq. ft. 154,413 sq. ft. (125%*) Update Plan) Health & Wellness Center (C on 67,668 sq. ft. 84,585 sq. ft. (125%*) Update Plan) Cancer Center (D and H on Update 35,034 sq. ft. 43,793 sq. ft. (125%*) Plan) 306 Randall Road (common name) (E 8,023 sq. ft. 12,035 sq. ft. (150%*) on Update Plan) 308 Randall Road (common name) (F 8,412 sq. ft. 12,618 sq. ft. (150%*) on Update Plan) Storage (G‐1 on Update Plan) 2,451 sq. ft. 3,677 sq. ft. (150%*) Storage (G‐2 on Update Plan) 7,000 sq. ft. 10,500 sq. ft. (150%*) (*represents permitted expansion percentage allowable without review pursuant to Section 2 of this Article III) D. Interior access roadways, storm water management facilities, public utilities, landscape improvements and signage, provided that any roadway improvements affecting points of Delnor Campus PUD access or altering intersections with public rights of way shall be governed by Section 2 of this Article III. SECTION 2: EXPANSIONS OR ADDITIONS REQUIRING SITE PLAN REVIEW AND APPROVAL PURSUANT TO SECTION 11‐14A OF THE CITY’S ZONING ORDINANCE: The following types of expansions and additions to buildings and structures with Delnor Campus PUD shall require compliance with the terms and conditions of Section 11‐14A of the City’s Zoning Ordinance and this Ordinance: Page 5 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  A. The construction of any new freestanding buildings or structures not governed by Section 1 (B) of this Article III, but within the Development Standards set for on the Plans (the "Development Standards"). B. The construction of multistory parking structures meeting the Development Standards; C. The expansion of existing buildings exceeding the cumulative allowable area set forth in Section 1 (C) of this Article III, but otherwise authorized by the Development Standards. SECTION 3: ADMINISTRATION: A. Article III, Section 1 Approvals: Applications for approval of projects governed by Section 1 shall be submitted in form and detail required for review under Section 11‐14A of the City’s Zoning Ordinance (as the same may be amended from time to time), but shall be subject to review and approval by the Development Staff only. (i) Development Staff review shall be completed within forty‐five (45) calendar days subsequent to a complete submission by the Owner. (ii) In the event the Development Staff does not approve the project or fails to approve the same within that thirty‐day (30) period, the Owner shall have the right to initiate a Section 11‐14A review by the Plan Commission and City Council. B. Article III, Section 2 approvals: Article III, Section 2 approvals shall be conducted as Site Plan Reviews under Section 11‐14A of the City’s Zoning Ordinance. C. Miscellaneous: (i) If, in the opinion of the Owner, any approval under this Article III requires or would be better implemented through a re‐subdivision, the City shall approve any such request, subject to the requirement that the resulting lot or lots conform to the City's Subdivision Regulations as modified by this Ordinance. (ii) In the event proposed construction is approved pursuant to Section 2 (A) or (B) of this Article, the resulting building or structures shall be deemed added to the Section 1 (C) list and the increase in gross square footage of that building or structure entitled to review under that Section shall be set as the lesser of 125% of its then currently approved size or 75,000 square feet. (iii) In the event proposed construction is approved pursuant to Section 2 (C) of this Article, the maximum square footage permitted for future review and approval under Section 1 of this Article shall, as a result, be deemed increased to the lesser of 125% of its then currently approved size or 75,000 square feet in excess of that then currently approved. Page 6 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  (iv) All Development Standards shall be applicable to the PUD in gross and not on a lot‐by‐lot or building‐by‐building basis. (v) The Director of Community Development is authorized to waive certain plans/document submittal requirements otherwise required by Section 11‐14A which are not affected by or do not apply to proposed construction to be approved pursuant to this Section. ARTICLE IV REVISION OF PLANNED UNIT DEVELOPMENT PLANS AND PUD AMENDMENT SECTION 1: FILING UPDATED PLAN. Concurrent with any City approval pursuant to Article III hereof, the City shall adopt a restated version of this Ordinance indicating the expansion or addition approved thereunder by the Development Staff or City Council, as the case may be, and attaching thereto, as an exhibit, a revised plan depicting the approval granted thereby. Prior to the adoption of such restated ordinance, the Owner shall submit to the City a revised plan showing the approved expansion or addition Upon adoption of the restated Ordinance, the City shall record same with the Recorder of Kane County, Illinois. SECTION 2: ADHERENCE TO ORDINANCES. To the extent any proposed construction upon the Property is not otherwise authorized by this Ordinance as approved, the Owner shall adhere to the City's ordinances relating to amendment of the Delnor Campus PUD. ARTICLE V ADJOINING ROADWAY AND INTERSECTION IMPROVEMENTS The Owner shall construct certain improvements related to the public roadways adjoining the Delnor Campus PUD and the City and Delnor shall jointly pursue petitioning the County of Kane, Illinois for an amendment to the existing Randall Road Right‐of‐way Agreement between the City and the County of Kane and other matters. The specific actions, their timing and the financial responsibility therefore are set forth on Exhibit "E" attached hereto. ARTICLE VI MISCELLANEOUS SECTION 1: EASEMENTS. Owner shall grant to the City, at no cost to the City, on‐site easements which are determined by the City Council to be necessary for the provision of pubic improvements for the Property and as set forth on the Plan, including but not limited to, easements for sanitary sewers, storm sewers, water mains and electric utilities. SECTION 2: REQUIRED IMPROVEMENTS. As a condition of the approval of each project pursuant hereto, the Owner shall present to the City a letter of credit or evidence of funds deposited in an escrow account with the City to guarantee the completion of the construction of any public improvements required by the then current development request and which are the responsibility of the Owner. Page 7 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  The guarantee for the completion shall run in favor of the City and shall indicate there are sufficient funds available for one hundred fifteen percent (115%) of the estimated cost of the improvements for the phase of the development being presented to the City for approval, that such funds are held for such purposes only and not for other purposes, shall have a term of not less than one (1) year and shall be renewed prior to each expiration date thereof in an amount equal to one hundred fifteen percent (115%) of the estimated cost of all then remaining uncompleted improvements for such phase of the development. The guarantee for the completion of improvements shall be in the form enabling the City to procure the funds to complete the improvements if the schedule approved by the Owner and the City is not met. The guarantee for the completion of the improvements shall provide that its amount will be reduced from time to time as approved by the City Engineer. All irrevocable letters of credit and bond shall provide for written notice of impending expiration to be given to the City not later than ninety (90) days prior to the expiration of such instrument. Upon the completion and acceptance by the City Council of each category of improvements, the amount of the guarantee for completion for that category shall be reduced by the original amount of the letter of credit, plus the fifteen percent (15%) overage for the cost of such improvement, provided an acceptable maintenance bond of the contractor who made the improvement or a letter of credit from the financial institution of the Owner is posted with the City. All disbursements for improvements shall be subject to approval of the City, which approval shall not be unreasonably withheld or delayed and may include the requirement of contractor affidavits and lien waivers for all such work. SECTION 3: DEVELOPMENT SCHEDULE. No development schedule shall be required hereunder. Notwithstanding the foregoing, however, in the event of the construction of any expansion or additions, as herein defined to the Delnor Campus PUD the City’s Development Staff may require, at its reasonable discretion, a development schedule to assure timely completion of the proposed expansion or addition. SECTION 4: ORDINANCE CONFLICT. The terms of this Ordinance shall not be superseded by ordinances adopted by the City of general application dated after the effective date hereof unless such ordinances are of general application and mandated by State or Federal law or regulations. SECTION 5: APPLICABILITY OF CITY STATE AND FEDERAL CODES. Except as otherwise provided herein, Owner shall comply in all respects with the applicable provisions of the Geneva City Code, other City ordinances and state and federal laws, regulations and rules pertaining to the development in effect at the time Owner makes application to the City for a Preliminary Plan, Final Plat, Building Permit or Permits in connection with the construction of buildings or structures on the Property, whether or not any of such ordinances are amended after the date hereof. SECTION 6: CONVEYANCES. Nothing contained in this Ordinance shall be construed to restrict or limit the right of Owner to sell or convey all or a portion of the Property, whether improved or unimproved, and to transfer or assign any or all of its respective rights and duties under this Ordinance. SECTION 7: AMENDMENT. Upon application submitted by Owner or any of its respective successors or assigns, the provisions of this Ordinance may be amended upon the affirmative vote of a majority of the City Council. Page 8 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  SECTION 8: RECITALS AND EXHIBITS. The recitals set forth at the beginning of this Ordinance and the Exhibits attached hereto are incorporated herein by this reference and constitute substantive provisions of this Ordinance. SECTION 9: EXISTING ANNEXATION AGREEMENTS. To the extent required to effect the terms of this Ordinance the Delnor Annexation Agreement, the Fisher Farm Annexation Agreement, the Fisher Farm PUD and the Delnor PUD are deemed amended and the West Parcel shall be deemed removed from the Fisher Farm PUD. Except as otherwise provided for herein, any residual obligations which the Owner may have pursuant to the terms of both Annexation Agreements shall be deemed preserved. Pursuant to Paragraph 11‐15.1.‐2 of the Illinois Municipal Code, the provision of this Ordinance relating to the zoning of the Delnor PUD and the West Parcel shall survive the duration of the Annexation Agreements hereby amended, unless modified in accordance with law. SECTION 10: EFFECTIVE DATE. This Ordinance shall become effective from and after its passage and approval in accordance with law. Publication of this Ordinance shall be permitted to be in pamphlet form, provided, however, the parties shall record this Ordinance and all exhibits attached thereto with the Recorder of Kane County, Illinois. SECTION 11: OWNER’S MERGER. Effective April 1, 2011, through merger all Delnor‐Community entities became part of the CDH‐Delnor Health System, which is also sometimes referred to as Cadence Health (the “Combined Health System”). References to “Owner” herein shall therefore be deemed to include the Combined Health System for all intents and purposes. PASSED by the City Council of the City of Geneva, Kane County, Illinois this ______ day of , 2013. AYES: ____ NAYS: ____ ABSENT: ___ ABSTAINING: ___ HOLDING OFFICE: ___ Mayor ATTEST: City Clerk Page 9 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  EXHIBIT A The Delnor Annexation Agreement and PUD Property THAT PART OF THE EAST ½ OF THE SOUTHEAST ¼ OF SECTION 5, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: UNIT NUMBERS 1 AND 2, DELNOR‐ COMMUNITY HOSPITAL SUBDIVISION, KANE COUNTY, ILLINOIS Page 10 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  EXHIBIT B Fisher Farm Annexation Agreement and PUD Property – Commercial Area “E” or the “West Parcel" THAT PART OF THE WEST ½ OF THE SOUTHEAST ¼ OF SECTION 5, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID WEST ½ THAT IS 1780.33 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID WEST ½; THENCE SOUTHERLY ALONG SAID EAST LINE 1780.33 FEET TO SAID SOUTHEAST CORNER; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID QUARTER FORMING AN ANGLE OF 91 DEGREES 39 MINUTES 38 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 490.24 FEET; THENCE NORTHERLY PARALLEL WITH SAID EAST LINE 143.33 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 168 DEGREES 41 MINUTES 29 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 51.0 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 168 DEGREES 41 MINUTES 29 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 1321.02 FEET; THENCE NORTHERLY AND NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 640.0 FEET TANGENT TO THE LAST DESCRIBED COURSE 223.35 FEET; THENCE NORTHEASTERLY RADIAL TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 179.39 FEET TO A LINE DRAWN AT RIGHT ANGLES TO SAID EAST LINE FROM THE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID LINE FORMING AN ANGLE OF 160 DEGREES 00 MINUTES 16 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 370.04 FEET TO THE POINT OF BEGINNING, IN GENEVA TOWNSHIP, KANE COUNTY, ILLINOIS. Page 11 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  EXHIBIT C Findings of Fact Page 12 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  Page 13 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  Page 14 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  GROUP EXHIBIT D Planned Unit Development Update Plans Page 15 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc  EXHIBIT E Required Roadway Improvements Page 16 of 16 \\Ch_server\jfo\docs\FORNARI FILES\CITY COUNCIL\2013\OCT\SPL Oct 14\14th Restatement to Ord 2003‐33 #2.doc