Ordinance 2008-049 200800020276
STATE OF ILLINOIS )
ss. RENNETTA S
COUNTY OF KENDALL ) MICKELSON
KENDALL COUNTY. IL
RECORDED: 9 /9/2008 1:53 PM
ORDL 43.00 RHSPS FEE: 10.00
PAGrF.S- 7
Ordinance No. 2008- a
i I
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
(Lincoln Prairie)
WHEREAS, Donald J. Hamman and Carol S. Hamman (the "Owners ") are the legal
owner of record of property described on Exhibit A attached hereto and incorporated herein (the
"Property "); and,
WHEREAS, the Owners of the Property have made application by petition for the
rezoning of the Property pursuant to an Annexation of the Property; and,
WHEREAS, Owners have previously entered into an agreement for annexation and
zoning of the property; and,
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville that the City Code of the City of Yorkville be amended as follows:
Section 1. The City Council hereby concurs with the recommendation of the Plan
Commission and hereby rezones the property as M -2 General Manufacturing as described on
attached Exhibit B; and incorporated herein.
Section 2. The Property shall �e developed according to the terms of an Annexation
Agreement approved this date by the Mayor and City Council.
Section 3: This Ordinance shall be in full force and effect immediately from and after its
passage and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
�'D day of < , A.D. 2008.
City Clerk
ROBYN SUTCLIFF Y1 JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS h
Y�
ROSE SPEARS
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this O day of J u N iL , A.D. 2008.
Mayor
2
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ONE:
THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19, ALL
IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION
18; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF
SAID SOUTHWEST 1/4, 1030.91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SOUTH
EAST, 3352.25 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A
POINT ON THE NORTH RIGHT -OF -WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY
RAILROAD, 844.76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG
SAID NORTH RIGHT -OF -WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF
SAID SECTION 18, 231.91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE,
852.71 FEET; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514.80 FEET- TO
THE SOUTH LINE OF_SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 38 MINUTES 24
SECONDS WEST, ALONG SAID SOUTH LINE OF SAID.SOUTHWEST 1/4 1816.32 FEET TO THE
POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS
PARCEL TWO:
THAT PART OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED FOLLOWS: COMMENCING AT SOUTHWEST
CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 DEGREES 00 MINUTES
54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1917.41 FEET, TO THE
POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT
ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126.88 FEET; THENCE
CONTINUING ALONG THE LAST DESCRIBED COURSE, 223.50 FEET; THENCE SOUTH 00 DEGREES
08 MINUTES 07 SECONDS EAST, 886.50 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33
SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352.25 FEET; THENCE NORTH 00 DEGREES
00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 886.50 FEET TO THE POINT OF
BEGINNING, IN KENDALL COUNTY, ILLINOIS
PARCEL THREE:
THAT PART OF THE WEST 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER
OF THE NORTHWEST 1/4 OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 00 MINUTES 54
SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 1929.92 FEET TO THE POINT
OF BEGINNING; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565.21 FEET;
THENCE SOUTH 59 DEGREES, 16 MINUTES 25 SECONDS EAST 913.73 FEET; THENCE SOUTH 00
DEGREES 04 MINUTES 45 SECONDS EAST, 191.76 FEET; THENCE SOUTH 23 DEGREES 01
MINUTES 57 SECONDS EAST, 820.55 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33
SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION,
SAID POINT BEING 1917.41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION
AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671.52 FEET; THENCE NORTH 00
DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE TO THE WEST QUARTER CORNER
OF SAID SECTION, 722.59 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST,
ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, 702.00 FEET TO THE POINT OF
BEGINNING, IN KENDALL COUNTY, ILLINOIS
PARCEL FOUR:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER
CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG
THE NORTH AND SOUTH QUARTER LINE, 3437.83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33
SECONDS EAST, 223.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST
DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID
SECTION, 1102.80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EAST, ALONG SAID
EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND
QUINCY RAILROAD, 1423.23 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST,
ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT 231.91 FEET NORTHEASTERJ,Y OF SAID
QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT -OF -WAY LINE, 1147.75 FEET; THENCE
NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE, 1731.26
FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS
PARCEL FIVE:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAZ MERIDIAN,_ DESCRIBED AS FOLLOWS ": BEGINNING - AT THE NORTHWEST CORNER OF
SAID NORTHWEST 1/4; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG THE
NORTH LINE OF SAID NORTHWEST 1/4, 1643.82 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45
SECONDS EAST 1385.95 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST,
1644.76 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4, 1644.76 FEET; THENCE
NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 1339.30 FEET TO
THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS
PARCEL SIX:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
SAID NORTHWEST 1/4; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG THE
NORTH LINE OF SAID NORTHWEST 1/4; 1643.82 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG SAID NORTH LINE TO THE NORTHEAST
CORNER OF SAID NORTHWEST 1/4, 1477.01 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07
SECONDS EAST, ALONG THE EAST LINE OF SAID NORTHWEST 1/4, 926.62 FEET; THENCE SOUTH 89
DEGREES 59 MINUTES 08 SECONDS WEST, 163.69 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES
52 SECONDS EAST, 252.72 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 08 SECONDS EAST,
164.12 FEET TO A POINT ON SAID EAST LINE; THENCE SOUTR'00 DEGREES 08 MINUTES 07
SECONDS EAST, ALONG SAID EAST LINE, 249.67 FET; THENCE SOUTH 89 DEGREES 59 MINUTES 08
SECONDS WEST 1477.90 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 45 SECONDS WEST 1388.90
FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS
EXHIBIT "B"
10 -88 -2
10 -8B -1
i
CHAPTER 8
i
MANUFACTURING DISTRICTS
ARTICLE B. M -2 GENERAL MANUFACTURING DISTRICT
SECTION:
10 -88 -1: Uses Permitted
10 -813-2: Conditions of Permitted Uses
10 -813-3: Special Uses
10 -88 -4: Yard Areas
10 -8B -5: Lot Coverage
10 -86 -6: Floor Area Ratio
10 -88 -7: Signs
10 -813-1: USES PERMITTED: The following uses are permitted:
Any use permitted in the M -1 District.
Any production, processing, cleaning, servicing, testing, repair or storage of
materials, goods or products which conforms to the performance standards
established for this District'.
Cement block manufacture.
Contractor or construction such as: building, cement, electrical,
refrigeration, masonry building, plumbing, roofing, air conditioning, heating
and ventilating, fuel oil, with a storage of fuel oils, gas and other flammable
products limited to twelve thousand (12,000) gallons per tank, with a total
storage on zoning lot not to exceed fifty thousand (50,000) gallons. (Ord.
1973 -56A, 3- 28 -74)
10 -813-2: CONDITIONS OF PERMITTED USES: All permitted uses are
subject to the following conditions:
1. See Section 10 -8 -1 of this Title.
City of Yorkville
10 -813-2 10 -8B -5
A. All production, processing, cleaning, servicing, testing, repair or
storage of goods, materials or products shall conform with the
performance standards set forth in Section 10 -8 -1 of this Title.
B. Within one hundred fifty feet (150) of a residence district, all
business, production, servicing, processing and storage shall take
place or be within completely enclosed buildings; except, that
storage of materials or products may be open to the sky provided the
storage area is enclosed with a solid wall or fence, as required by
the Zoning Administrator.
However, within such one hundred fifty feet (150) of a residence
district, off - street loading facilities and off - street parking of motor
vehicles under one and one -half (1 1 /2) tons' capacity may be
unenclosed, except for such screening of parking and loading
facilities as may be required under the provisions of Chapter 11 of
this Title. (Ord. 1973 -56A, 3- 28 -74)
10 -88 -3: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10 -14 -6 of this Title:
Any use which may be allowed as a special use in the M -1 District.
Railroad repair shops, maintenance buildings and switching yards.
Stone and gravel quarries and crushing, grading, washing and loading
equipment and structures, provided the land is redeveloped by the owner in
accordance with a plan of redevelopment approved with the granting of the
special use permit and is accompanied by a bond in the amount of the
estimated cost of redevelopment. (Ord. 1973 -56A, 3- 28 -74)
10 -88 -4: YARD AREAS: All yard areas shall be the same as required
in the M -1 Limited Manufacturing District. (Ord. 1973 -56A,
3- 28 -74)
10 -813-5: LOT COVERAGE: Not more than sixty percent (60 %) of the
area of a lot may be covered by buildings or structures,
including accessory buildings. (Ord. 1973 -56A, 3- 28 -74)
City of Yorkville
10 -813-6 10 -813-7
10 -813-6: FLOOR AREA RATIO: Not more than 0.85. (Ord. 1973 -56A,
3- 28 -74)
10- 813 -7: SIGNS: The use of signs in this District shall be subject to the
same regulations as set forth in Section 10 -12 -3 of this Title.
(Ord. 1973 -56A, 3- 28 -74; 1994 Code)
City of Yorkville