CITY OF BATAVIA DATE: January 3, 2007 TO: Dave Brown, Chair Community Development Committee FROM: Drew Rackow, Planner SUBJECT: Ordinance 07-09

An Amendment to Ordinance 95-48, Grant of Conditional Use, Allowing for a Planned Development for Batavia Land Company Subdivision No. 1 • Concept and Final Plan Approval with Design Review for Menard’s Outdoor Garden

Center • Preliminary and Final Plat of Subdivision Approval, 300 North Randall Road

(Menard’s Inc – Brandon Wilmer, Applicant) BACKGROUND On December 6th, the Plan Commission held a public hearing to consider an outdoor garden center for Menard’s at 300 North Randall Road. Menard’s Inc. proposes to add this feature to the south of the existing building. Additional changes would be made to the site and building to accommodate this change and enhance the site. Menards has acquired the vacant lot north of Steak ‘n Shake, and are proposing a re-subdivision of the property to consolidate the their holdings into one lot. The property is located in the B3 Arterial Oriented Commercial District. Ordinance 95-48 granted approval of a planned development for the overall site and Menard’s building. Ordinances 95-84 and 95-94 revised the planned development to grant deviations for parking on portions of the overall planned development site. Menard’s also received conditional use approval (02-27) to allow storage and trailer sales within their store. The property is located in Planning Unit 10 of the Comprehensive Plan that emphasizes high design standards and the planned development of commercial uses along the Randall corridor. SUMMARY OF PROPOSAL AND STAFF ANALYSIS Menard’s proposes to add parking and the garden center on the vacant lot south of the existing building. The garden center would not be enclosed, but would be under a 72’ protective canopy. Bi-fold doors along the south side of the garden center would remain open in favorable weather. Two additional overhangs (38’ and 68’) would be added to the north and east edges of the building. The front façade of the building would be continued across the north overhang. The garden center fence along the parking lot would be wrought iron with decorative metal halide lights. The south and east garden center fence would match the existing yard fence. The yard entry, currently located south of the building, would be relocated to the north. Menard’s proposes several enhancements to their building and site to improve its appearance. This includes staining the exterior concrete beige and repainting the entryway green. Portions of the building under overhangs would remain unstained. These areas would not be readily visible from off the site. Sign improvements include a new product sign, on the façade addition and a sign for the garden center. This sign is currently proposed on an exposed raceway (a metal box holding electrical components). Staff recommends that this sign raceway be installed behind the canopy wall, making the sign appear to be composed of individual letters, concealing the sign raceway, and giving the project a higher quality visual image. Plans propose additional landscaping within existing landscape islands and additional landscape islands in the project area, consistent with the Plan Commission’s Standard Design Conditions for Commercial projects. Trees along the existing edge of the property would be transplanted along the garden center. Site lighting is generally consistent with the Standard Design Conditions. Screening structure lighting would be equipped with cut-off fixtures. New lights on the front façade would be identical to the existing having high-pressure sodium bulbs without drop lenses. Proposed lighting for the overhangs is not depicted on the plans. The

Menard’s Outdoor Garden Center

Menard’s Garden Center page 2

Commission recommended that these lights be fully shielded, consistent with Design Conditions. It also recommended that any lighting not meeting the current Standard Design Conditions be upgraded at this time. Two modifications to existing deviations are necessary to accommodate the existing and proposed conditions of the project. These deviations addressing parking and fencing were addressed under the previous ordinances for the planned development. An appropriate deviation to allow the expansion of the existing fence has been included in the draft ordinance. Menard’s was granted a deviation to allow a parking ratio of 4 spaces per 1,000 square feet for Menard’s. Previous calculations of parking did not include the unheated warehouse. This area has effectively been retail space since the store opened, creating a functioning deviation of 2.49 spaces per 1,000 square feet. A new deviation (2.36 per 1,000 square feet) is included in the draft ordinance that reflects this condition and changes to the parking lot to include fully compliant handicap accessible parking and the loss of 24 parking spaces from the garden center improvements. The draft ordinance includes a requirement that outdoor seasonal displays do not occur in the parking lot, as they do currently. This will increase the practical number of available parking spaces for the store. The proposed plat of subdivision consolidates the two existing lots into one. Staff has identified some minor changes that are necessary for the plat. The CDC can review the plat of subdivision and recommend approval, with the condition of final staff approval of the plat to address these items. PLAN COMMISSION REVIEW The Plan Commission was generally in favor of the proposed plan. The Commission discussed the proposed landscape improvements and recommended more substantial, taller materials in landscape islands and surrounding the currently proposed transformer location. It was suggested that the landscaping incorporate native materials in these areas. The Commission also recommended that the fire lane must be kept clear of snow and merchandise at all times, as a part of the ordinance. The Plan Commission agreed with the Staff recommendations and included them within their recommendations. PLAN COMMISSION RECOMMENDATION The Plan Commission recommended the CDC recommend approval of the following:

1. Approval of a Preliminary and Final Plat of Subdivision, subject to staff approval. 2. Approval of an Amendment to a Conditional Use with Design Review to allow an Outdoor Garden Center,

subject to conditions, as listed in Ordinance 07-09. STAFF RECOMMENDATION Staff recommends that the CDC recommend approval of Ordinance 07-09, subject to the conditions listed in Ordinance 07-09, with the following additional condition:

1. The garden center sign raceway shall be installed behind the face of the garden center canopy, subject to staff approval.

Please review the attached Ordinance 07-09 and materials previously distributed in preparation for the January 9, 2007 CDC meeting. Attachments: Ordinance 07-09 Plan Commission Minutes c Mayor and City Council Department Heads

Brandon Wilmer, Menard’s Inc., Applicant File

CITY OF BATAVIA, ILLINOIS ORDINANCE 07-09

AMENDMENT TO CONDITIONAL USE ORDINANCE 95-48 GRANTING A CONDITIONAL USE ALLOWING A B3 PLANNED DEVELOPMENT WITH DEVELOPMENT CONCEPT PLAN AND FINAL PLAN/DESIGN REVIEW

WITH PRELIMINARY/FINAL PLAT OF SUBDIVISION APPROVAL

Brandon Wilmer (Menard’s Inc.)

(300 North Randall Road)

ADOPTED BY THE MAYOR AND CITY COUNCIL

THIS 16TH DAY OF JANUARY, 2007

Published in pamphlet form Prepared by: by authority of the Mayor and City Council of the City of Batavia, City of Batavia Kane & DuPage Counties, Illinois, 100 N. Island Ave. This 17th day of January, 2007 Batavia, IL 60510

CITY OF BATAVIA ORDINANCE 07-09

CITY OF BATAVIA, ILLINOIS ORDINANCE 07-09

AMENDMENT TO CONDITIONAL USE ORDINANCE 95-48, AS AMENDED, GRANTING A CONDITIONAL USE ALLOWING A B3 PLANNED

DEVELOPMENT WITH DEVELOPMENT CONCEPT PLAN AND FINAL PLAN/DESIGN REVIEW WITH

PRELIMINARY/FINAL PLAT OF SUBDIVISION APPROVAL

Brandon Wilmer (Menard’s Inc.)

(300 North Randall Road)

WHEREAS, Brandon Wilmer, Applicant c/o Menard’s Inc., has filed a Petition for an Amendment, to Conditional Use Ordinance 95-48, as amended, (approved 05/15/95), for a Conditional Use Planned Development Concept Plan and Final Plan/Design Review with Preliminary/Final Plat of Subdivision Approval, that grants approval for an addition and site alterations for an outdoor garden center, for that property commonly known as 300 North Randall Road, Batavia, Illinois, and legally described as:

PARCEL 1 LOT 2 IN THE RESUBDIVISION OF LOT 5 OF BATAVIA LAND COMPANY SUBDVISION NO. 1 IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 9, 1999 AS DOCUMENT 1999K107174 IN THE CITY OF BATAVIA, KANE COUNTY, ILLINOIS. PARCEL 2 LOT 3 IN BATAVIA LAND COMPANY SUBDIVISION NO. 1, BEING A SUBDIVISION OF PART OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 8 EAST, ACCORDING TO THE PLAT THEREOF RECORDED JULY 20, 1995 AS DOCUMENT NO. 95K040212 IN KANE COUNTY, ILLINOIS.

COMMONLY KNOWN AS 300 NORTH RANDALL ROAD (PIN 12-16-351-009 & 12-16-351-017); AND

WHEREAS, said Applicant is requesting an Amendment, to Conditional Use Ordinance 95-48, as amended, (approved 05/15/95), for a Conditional Use Planned Development Concept Plan and Final Plan/Design Review with Preliminary/Final Plat of Subdivision Approval, that grants approval for an addition and site alterations for an outdoor garden center, and

Page 2 of 2 Excluding Exhibits A thru G

CITY OF BATAVIA ORDINANCE 07-09

WHEREAS, a public hearing was held pursuant to the Batavia Municipal Code (10-6) by the Batavia Plan Commission on December 6, 2006, at which time the Applicant submitted plans and specifications, and

WHEREAS, following said hearing, the Plan Commission made the following findings of fact: 1. Conditional Use Standard A - The establishment, maintenance or operation of

the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare: Finding – The subject property is zoned B3 Arterial Oriented Business District. The proposed conditional use would add a formal, confined outdoor garden center sales area to replace temporary sales areas in the parking lot. Additional screening to neighboring residences is also proposed. The proposed improvements to the site are consistent with the spirit and intent of the zoning district.

2. Conditional Use Standard B - The conditional use will not be injurious to the

use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood:

Finding – Surrounding uses are commercial in character except for properties to the east that are residential. The residential properties are separated from the commercial use by an existing fence and landscaping. The conditional use would be complementary to existing commercial uses in the vicinity, and is appropriate within the context of the Randall Road corridor.

3. Conditional Use Standard C - The establishment of the conditional use will not

impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district:

Finding – All surrounding properties are developed. The use would not impede redevelopment of any surrounding parcel.

4. Conditional Use Standard D - The exterior architectural appeal and functional

plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood:

Finding – Proposed improvements to the building are designed to enhance the appearance and functionality of the site. The garden center is designed to address visitors to the site with decorative fencing and lighting. An additional façade wall continues the building design and reduces the appearance of outdoor yard storage from Randall Road. The building walls will be finished to reduce its existing

Page 3 of 3 Excluding Exhibits A thru G

CITY OF BATAVIA ORDINANCE 07-09

warehouse-like character. Additional landscaping within the parking lots and along the proposed Garden Center yard improves the visual appeal of parking area and property lines.

5. Conditional Use Standard E - Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided:

Finding – Adequate utilities and access roads exist to serve the subject property.

6. Conditional Use Standard F - Adequate measures have been or will be taken to

provide ingress and egress so designed as to minimize traffic congestion in the public streets: Finding – The proposed development would use existing access points and roads. An additional access point to the service road is provided through the parking lot addition.

7. Conditional Use Standard G - All freestanding signs permitted by conditional uses shall be of the following criteria: 1. Signs designating shopping centers shall be placed not less than twenty feet

(20') from the street right-of-way line; may not exceed thirty feet (30') in height; may not exceed two hundred (200) square feet (each face of a two-faced sign) in area; and shall indicate only the name of the shopping center and the name or number of stores or shops included in the shopping center.

2. Freestanding signs may be permitted for business where the structures, therefore, are set back twenty feet (20') or more than adjacent buildings, or are otherwise situated so that flat wall signs are not readily visible from the street.

3. Freestanding signs may be permitted for business uses which are set back not less than twenty feet (20') from the street right-of-way line and, though visible from the street, are primarily designed as highway oriented business uses such as, but not limited to, automobile filling stations; motels; restaurants; auto sales; theaters; open or enclosed; and other recreational facilities.

4. Freestanding signs may be permitted for business uses conducted on lots which have no substantial building(s) upon which to place a sign.

5. No freestanding sign shall exceed thirty feet (30') in height.

6. Billboards and off-site advertising poster panels shall be permitted only in industrial districts:

Finding – No freestanding sign is proposed.

8. Conditional Use Standard H - The conditional use shall, in all other respects,

conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by City Council pursuant to the recommendations of the Plan Commission:

Page 4 of 4 Excluding Exhibits A thru G

CITY OF BATAVIA ORDINANCE 07-09

Finding – An existing zoning deviation allows a taller transitional yard fence. The property also has existing deviations allowing a reduced parking supply. The proposed conditional use includes a request to further reduce the required amount of parking to accurately represent existing conditions and current Zoning Regulations interpretation. The property has continually operated with its existing parking that is adequate. The proposed site changes would have a minimal effect on parking demand. All other building setbacks, height, and other bulk limitations comply with the current applicable regulations, conditions, and requirements of the City, either as existing or through non-conforming use allowances. The proposed Conditional Use would not change any of these conditions; and

WHEREAS, the Plan Commission of the City of Batavia has reviewed the application and recommends approval of such Amendment, to Conditional Use Ordinance 95-48, as amended, (approved 05/15/95), for a Conditional Use Planned Development Concept Plan and Final Plan/Design Review with Preliminary/Final Plat of Subdivision Approval, that grants approval for an addition and site alterations for an outdoor garden center, to the City Council, with the following conditions:

1. The submittal of revised landscape plan showing enhanced landscaping taking into consideration height and salt tolerance as approved by staff;

2. Provide transformer screening per Standard Design Review Conditions and approval by the Electric Department;

3. That fire lane be kept clear of snow, ice and any obstruction;

4. That the north and south elevations of the entrance feature be painted emerald green to match the front façade;

5. That all lighting under canopy areas be fully shielded and not to have a drop lens, subject to staff approval;

6. That all existing building mounted lighting is to be modified to meet Standard Design Review Conditions;

7. That all outdoor display of merchandise be limited to the Outdoor Garden Center area and not within the parking lot or in front of the store;

8. Deviation from section 10-7-2 of the City Code to allow approximately 383 parking spaces for a 161,160 square foot structure (approximately 2.36 spaces per 1,000 square feet), and for the incorporation of necessary handicap accessible parking;

9. Deviation from 10-11D-4 of the City Code to allow a transitional yard fence taller than the eight (8) feet allowed by ordinance for an existing fence and the proposed additions to that fence;

10. Staff approval of Final Engineering;

Page 5 of 5 Excluding Exhibits A thru G

CITY OF BATAVIA ORDINANCE 07-09

11. Final Plat of Subdivision subject to staff approval; and

WHEREAS, the Community Development Committee has reviewed the application, the record of public hearing, and the actions and the findings of the Plan Commission and recommends approval of such Amendment, to Conditional Use Ordinance 95-48, as amended, (approved 05/15/95), for a Conditional Use Planned Development Concept Plan and Final Plan/Design Review with Preliminary/Final Plat of Subdivision Approval, that grants approval for an addition and site alterations for an outdoor garden center, to the City Council, with the following conditions:

1. The submittal of revised landscape plan showing enhanced landscaping taking into consideration height and salt tolerance as approved by staff;

2. Provide transformer screening per Standard Design Review Conditions and approval by the Electric Department;

3. That fire lane be kept clear of snow, ice and any obstruction;

4. That all lighting under canopy areas be fully shielded and not to have a drop lens, subject to staff approval;

5. That all existing building mounted lighting is to be modified to meet Standard Design Review Conditions;

6. That all outdoor display of merchandise be limited to the Outdoor Garden Center area and not within the parking lot or in front of the store;

7. Deviation from section 10-7-2 of the City Code to allow approximately 383 parking spaces for a 161,160 square foot structure (approximately 2.36 spaces per 1,000 square feet), and for the incorporation of necessary handicap accessible parking;

8. Deviation from 10-11D-4 of the City Code to allow a transitional yard fence taller than the eight (8) feet allowed by ordinance for an existing fence and the proposed additions to that fence;

9. Staff approval of Final Engineering;

10. Sign channel shall be installed behind the face of the garden center canopy, subject to staff approval;

11. Final Plat of Subdivision subject to staff approval; and

WHEREAS, the City Council of the City of Batavia has considered the recommendations of both the Plan Commission and the Community Development Committee,

THEREFORE, BE IT ORDAINED, by the City Council of the City of Batavia, Kane County, Illinois:

Page 6 of 6 Excluding Exhibits A thru G

CITY OF BATAVIA ORDINANCE 07-09

SECTION 1: That the application of Brandon Wilmer, Applicant c/o Menard’s Inc. for an Amendment, to Conditional Use Ordinance 95-48, as amended, (approved 05/15/95), for a Conditional Use Planned Development Concept Plan and Final Plan/Design Review with Preliminary/Final Plat of Subdivision Approval, that grants approval for an addition and site alterations for an outdoor garden, to the City Council as reflected in the following plans:

Exhibit Plan Dated Prepared by

A Plat of Survey October 22, 2003 & February 23, 2006 Intech Consultants, Inc.

B Site Plan December 18, 2006 Menard Inc. Planning and

Development Dept.

C Engineering Site Improvement Plan North January 2, 2007 Intech Consultants, Inc.

D Engineering Site Improvement Plan South “ “

E Building Elevations October 2, 2006 Menard Inc. Planning and

Development Dept.

F Sign Plan July 17, 2006 Jones Sign Nationwide

G Final Plat of Resubdivision March 28, 2006 Intech Consultants, Inc.

attached hereto and filed with the City, is approved, subject to the following conditions:

1. The submittal of revised landscape plan showing enhanced landscaping taking into consideration height and salt tolerance as approved by staff;

2. Provide transformer screening per Standard Design Review Conditions and approval by the Electric Department;

3. That fire lane be kept clear of snow, ice and any obstruction;

4. That all lighting under canopy areas be fully shielded and not to have a drop lens, subject to staff approval;

5. That all existing building mounted lighting is to be modified to meet Standard Design Review Conditions;

6. That all outdoor display of merchandise be limited to the Outdoor Garden Center area and not within the parking lot or in front of the store;

7. Deviation from section 10-7-2 of the City Code to allow approximately 383 parking spaces for a 161,160 square foot structure (approximately 2.36 spaces per 1,000 square feet), and for the incorporation of necessary handicap

Page 7 of 7 Excluding Exhibits A thru G

CITY OF BATAVIA ORDINANCE 07-09

Page 8 of 8 Excluding Exhibits A thru G

accessible parking;

8. Deviation from 10-11D-4 of the City Code to allow a transitional yard fence taller than the eight (8) feet allowed by ordinance for an existing fence and the proposed additions to that fence;

9. Staff approval of Final Engineering;

10. Sign channel shall be installed behind the face of the garden center canopy, subject to staff approval;

11. Final Plat of Subdivision subject to staff approval

SECTION 2: That this Ordinance 07-09 shall be in full force and effect upon its presentation, passage and publication according to law.

PRESENTED to the City Council of the City of Batavia, Illinois, this 16th day of January, 2007

PASSED by the City Council of the City of Batavia, Illinois, this 16th day of January, 2007.

APPROVED by me as Mayor of said City of Batavia, Illinois, this 16th day of January, 2007.

Jeffery D. Schielke, Mayor ATTEST: Maude Hannah Volk, City Clerk COUNCIL VOTE: Ayes Nays Absent Abstentions Total Holding Office

mmonzaniExhibit "A" of Ordinance 07-09 page 1 of 2

mmonzaniExhibit "A" of Ordinance 07-09 page 2 of 2

mmonzaniExhibit "B" of Ordinance 07-09

mmonzaniExhibit "C" of Ordinance 07-09

mmonzaniExhibit "D" of Ordinance 07-09

mmonzaniExhibit "E" of Ordinance 07-09

mmonzaniExhibit "F" of Ordinance 07-09 page 1 of 2

Conceptual Artwork

File Location

Sales Construction Drawing

File Location

Project Manger

Department Labor Hrs. Setup Hrs.DesignDE -

Quality Grade2- Commercial

FaceSingle

Voltage/ Circuit277V/ 1 Circuit

LightingInternal

Square FootageSee Below

Scale1”=1’-0”MENARDS Product Sign

AmpsSee Below28

5/8

”

119 ½”

(2) 6000V Transformer (1. 3Amps) - 43’-10” Neon

R. Erickson Dennis Knippel

10861MENARDS Batavia, IL

RoutingRT .25 .5

Letter Fab.LF 1.5

Vinyl CuttingVC .75 1

Vinyl App.VA .75JeweliteJL .5

Neon NE 3.75 .5

Neon PumpingNP 1.5Letter Assy.LA 1.5

.063” Black/White Aluminum

.150” White Lexan

8 ½”Letter Edge Texaco Edge

0948-N-5509 Cardinal Red

2” Jewelite White

15MM Starlite 6500

277V 30Ma Transformer20 A Toggle Switch

RT-1RT-2

LF-1

VC-1

JL-1

NE-1

LA-1LA-2

Pack Load CratePL .25

Side View

8”

RT-1

RT-2 (VC-1)

LF-1

JL-1

NE-1

LA-2

LA-1

K:\Design\2006\M\Menards\Batavia\Conceptual\Appliances.cdr

mmonzaniExhibit "F" of Ordinance 07-09 page 2 of 2

mmonzaniExhibit "G" of Ordinance 07-09 page 1 of 2

OWNER'S CERTIFICATESTATE OF __________ } } SSCOUNTY OF ___________}

THIS IS TO CERTIFY THAT THE UNDERSIGNED IS THE PART OWNER OF THE LANDDESCRIBED IN THE ANNEXED PLAT, AND THAT HE HAS CAUSED THE SAME TO BESURVEYED AND SUBDIVIDED AS INDICATED THEREON, FOR THE USES ANDPURPOSES THERE IN SET FORTH, AND DOES HEREBY ACKNOWLEDGE ANDADOPT THE SAME UNDER THE STYLE AND TITLE THEREON INDICATED.

ALSO, THIS IS TO CERTIFY THAT THE PROPERTY BEING SUBDIVIDED AFORESAID,AND TO THE BEST OF OWNER'S KNOWLEDGE AND BELIEF, SAID SUBDIVISIONLIES ENTIRELY WITHIN THE LIMITS OF SCHOOL DISTRICT(S) _________________

DATED THIS _____ DAY OF __________________________, A.D., 20_________.

__________________________________________________________________________________________________________________________________________ADDRESS

NOTARY CERTIFICATESTATE OF ___________} }SSCOUNTY OF _________}

I, _______________________, A NOTARY PUBLIC, IN AND FOR SAID CITY, ORCOUNTY IN THE STATE AFORESAID DO HEREBY CERTIFY THAT _________________________ , PERSONALLY KNOWN TO ME TO BE THE SAMEPERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT,AS SUCH OWNERS, APPEARED BEFORE ME THIS DAY IN PERSON ANDACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE ANNEXED PLAT ATTHEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREINSET FORTH.

GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS_________DAY OF____________________, A.D., 20___, AT _________________________,___________________.

__________________________________________________NOTARY PUBLIC

COUNTY RECORDER'S CERTIFICATE

STATE OF ILLINOIS} }SSCOUNTY OF KANE }

THIS INSTRUMENT, NO. _________________________ WAS FILED FOR RECORD INTHE RECORDER'S OFFICE OF KANE COUNTY, ILLINOIS, ON THE ________ DAYOF___________________________ A.D., 20__________, AT ________O'CLOCK______________M._________________________________________________________________RECORDER OF DEEDS

COUNTY CLERK'S CERTIFICATE

STATE OF ILLINOIS} }SSCOUNTY OF KANE }

I._________________________, COUNTY CLERK IN AND FOR THE COUNTY ANDSTATE AFORESAID FIND NO REDEEMABLE TAX SALE, UNPAID FORFEITURETAXES OR UNPAID CURRENT TAXES AGAINST ANY OF THE LANDS DESCRIBED INTHE ANNEXED SURVEYOR'S CERTIFICATE.

DATED THIS ________ DAY OF___________________________ A.D., 20__________

_________________________________________________________________COUNTY CLERK

STATE OF ILLINOIS } } SSCOUNTY OF KANE }

ACCEPTED AND APPROVED BY THE PLAN COMMISSION OF THE CITY OF BATAVIAIN THE COUNTY AND STATA AFORESAID. THIS ________ DAY OF____________________ A.D., 20__________.

_________________________________________________________________CHAIRMAN

STATE OF ILLINOIS } } SSCOUNTY OF KANE }

ACCEPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF BATAVIA INTHE COUNTY AND STATE AFORESAID.

THIS ________DAY OF _________________, A.D., 20____.

SIGNED:____________________________MAYOR

ATTEST:_____________________________ CITY CLERK

SURVEYOR'S CERTIFICATE

STATE OF ILLINOIS ) SSCOUNTY OF DU PAGE)

THIS IS TO STATE THAT I, THOMAS E. FAHRENBACH, ILLINOIS PROFESSIONALLAND SURVEYOR #35-2126 HAVE SURVEYED AND SUBDIVIDED THE FOLLOWINGDESCRIBED PROPERTY:

I FURTHER STATE THAT THE LAND INCLUDED IN THE ANNEXED PLAT IS WITHINTHE CORPORATE LIMITS OF THE CITY OF BATAVIA, WHICH HAS AUTHORIZED ACOMPREHENSIVE PLAN AND IS EXERCISING THE SPECIAL POWERS GRANTEDBY THE STATE OF ILLINOIS ACCORDING TO 65 ILCS 5/11-12-6 AS HERETOFOREAND HEREAFTER AMENDED.

I FURTHER STATE THAT NO PART OF THE PROPERTY DESCRIBED HEREON ISLOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THEFEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA).

ALL DIMENSIONS ARE GIVEN IN FEET AND DECIMAL PARTS THEREOF AND ARECORRECT AT 68° FAHRENHEIT.

DATED THIS ________DAY OF _____________________________ A.D., 20_____.

BY:___________________________________________________________________ILLINOIS PROFESSIONAL LAND SURVEYOR #35-2126LICENSE EXPIRATION/RENEWAL DATE: 11-30-2006

SCHOOL DISTRICT BOUNDARY STATEMENTSTATE OF ILLINOIS } } SSCOUNTY OF ___________}

THE UNDERSIGNED, BEING DULY SWORN, UPON HIS/HER OATH DEPOSES ANDSTATES AS FOLLOWS:1. THAT THE UNDERSIGNED ARE THE OWNERS OF THE PROPERTY LEGALLYDESCRIBED ON THIS PLAT OF SUBDIVISION, WHICH HAS BEEN SUBMITTED TOSAID CITY, OR COUTY FOR APPROVAL, WHICH LEGAL DESCRIPTION ISINCORPORATED HEREIN BY REFERENCE; AND2. TO THE BEST OF THE OWNER'S KNOWLEDGE, THE SCHOOL DISTRICT IN WHICHTHIS TRACT, PARCEL, LOT OR BLOCK OF THE PROPOSED SUBDIVISION LIESIS:_____________________________________________________________

BY: _________________________ ATTEST: _________________________

ITS:___________________________ ITS: ____________________________

SUBSCRIBED AND SWORN BEFORE METHIS _____ DAY OF __________________________, A.D., 20_________.

__________________________________________________NOTARY PUBLIC

STATE OF ___________} }SSCOUNTY OF _________}

TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE DRAINAGE OF SURFACEWATERS WILL NOT BE CHANGED BY THE DEVELOPMENT OF THIS SUBDIVISIONOR ANY PART THEREOF, OR THAT IF SAID SURFACE WATER DRAINAGE WILL BECHANGED, ADEQUATE PROVISION HAS BEEN MADE FOR THE COLLECTION ANDDIVERSION OF SAID WATERS INTO PUBLIC AREAS OR DRAINS WHICH THEDEVELOPER HAS A RIGHT TO USE, AND THAT SAID SURFACE WATERS WILL NOTBE DEPOSITED ON THE LANDS OF ADJOINING QWNERS IN SUCHCONCENTRATIONS AS MAY CAUSE THE ACCRUAL OF DAMAGES TO SAIDADJOINING OWNERS AS A RESULT OF SAID DEVELOPMENT.

GIVEN UNDER MY HAND AND SEAL THIS_________DAY OF ____________________,A.D., 20___.

__________________________________________________

mmonzaniExhibit "G" of Ordinance 07-09 page 2 of 2

All Exhs for Ord 07-09.pdfExhF Ord 07-09 SignPlan 071706.pdfPage 1Menards-05-Applicance Sign -11142006.pdfPage 1