Ordinance 2007-079 200 8000 X9479
Filed for Record in
KENDALL COUNTY, ILLINOIS
RENNETTA S MICKELSON
04 -14 -2008 At 02:21 pm.
ORDINANCE 40 �O
RHSP Surcharge 10.00
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2007-
ORDINANCE APPROVING THE REZONING
OF CERTAIN PROPERTY FROM M -1 TO PUD ZONING CLASSIFICATION
(B &P Properties)
WHEREAS, Julie Ann Morelli Dec. of Trust and Yorkville Lodge #2371
(OWNERS) are the legal owners of record of property described on Exhibit "A" attached
hereto and incorporated herein (the "Property "), and
WHEREAS, the Property is located on Corneils Road in Yorkville, identified by
Kendall County Parcel Numbers 02 -17- 100 -011 and 02 -17- 100 -12 and consists of 14.325
acres; and
WHEREAS, under the Property is presently zoned M -1 by the United City of
Yorkville under the Yorkville Zoning Code, being Title 10 of the City Code of the United
City of Yorkville, Illinois; and
WHEREAS the OWNERS have made application by petition for the rezoning of
the Property to PUD District; and
WHEREAS, said petition was duly referred by the City Clerk to the City Council
of the United City of Yorkville, who, in turn, referred said application to the Yorkville
Plan Commission for study and recommendation, and to the Yorkville Economic
Development Committee for recommendation of a final decision; and
WHEREAS, simultaneous to this petition, the OWNERS have submitted a
petition to amend and restate the governing Annexation and Planned Unit Development
Agreement for the Property; and
WHEREAS, the Yorkville Plan Commission and the Yorkville Economic
Development Committee have found that the PUD zoning classification requested is
appropriate and supported by the Comprehensive Plan for the Property, that the proposed
re- zoning satisfies all other standards for re- zoning under Section 10 -14 -7 of the United
City of Yorkville Zoning Code; and as such has recommended approval the rezoning of
the Property as requested; and
WHEREAS, all notice, hearing and other procedural requirements provided by
state statute and the Yorkville Zoning Code have been fully complied with; and
WHEREAS, the City has determined that the terms and conditions set forth herein
will serve a public use and will promote the health, safety, prosperity, security, and
general welfare of the inhabitants and taxpayers of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS:
1. The findings of fact and conclusions contained in the aforesaid preamble recitals
of this Ordinance are hereby determined and accepted.
2. The City Council approves the recommendation of the Plan Commission
and hereby rezones the property as follows: B -2 General Business District with the uses
permitted being those uses listed as Permitted Uses under Section 10 -7C -1 of the United
City of Yorkville Code.
3. The Yorkville City Clerk is hereby directed to file and keep on record said a
certified copy of this Ordinance after its passage and signing by the Mayor, and file said
Ordinance after its passage and signing with the applicable County Recorders Office and the
applicable County Clerk, at the earliest possible time.
4. This Ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH Y\ MARTY MUNNS
ROSE ANN SPEARS c.. _ JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this \ Day of ( A.D. 2007.
Va& aa "
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day o , A.D. 2007.
ATTEST: �.
v DEITY C�ERK
n
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The North 645.0 feet of the East 559.98 feet (as measured along the North and East
Lines) of the Northwest Quarter of Section 17, Township 37 North, Range 7 East of the
Third Principal Meridian in the City of Yorkville, Kendall County, Illinois, containing
8.289 acres.
AND
The North 990.79 feet of the East 630.0 feet (as Measured along the North and East
Lines) of the Northwest Quarter of Section 17, Township 37 North, Range 7 East of the
Third Principal Meridian; excepting there from the North 645.0 feet of the East 559.98
feet (as measured along said North and East Lines) of said Northwest Quarter; all in the
City of Yorkville, Kendall County, Illinois, containing 6.036 acres.
I
�.00 CO. Memorandum
To: Bart Olson, City Administrator
�sr gas 1836 From: Krysti Barksdale-Noble,Community Development Directo
- CC: Kathleen Field-Orr, City Attorney
Lisa Pickering,Deputy Clerk
0� Chris Heinen,Planner
j<te `,,vim Date: September 2, 2014
Subject: B&P Properties—Memorandum of Correction
It has recently come to the attention of the Community Development Department with
regards to the B&P Properties' development that Ordinance No. 2007-79 which rezoned the
land in accordance with the amended Annexation Agreement for the same development
(Ordinance 2007-78) contains a scrivener's error related to its approved zoning designation.
Per Paragraph A, page 4 of Ordinance No. 2007-78 authorizing the Execution of an
Amended and Restated Annexation Agreement for the Development known as B&P Properties,
approves the property for a Planned Unit Development (PUD) permitting the underlining land
uses as "R-3 General Residence District" and further depicts the rezoned area on Exhibit `B"
attached thereto illustrating 24 residential duplexes.
However, per paragraph 2, on page 2 of Ordinance No. 2007-79 Approving the Rezoning
of Certain Property from M-1 to PUD Zoning Classification (B& P Properties), it states "[t]he
City Council approves the recommendation of the Plan Commission and hereby rezones the
property as follows: B-2 General Business District..."
Upon discussions with the City Attorney, staff is recommending that this Memorandum
of Correction be placed in the City's Clerk Office along with the original approving ordinances,
No. 2007-78 and 2007-79, to affirm that the correct zoning for the development know as B&P
Properties is "R-3 General Residence District (PUD)". Additionally, per the City Attorney,
there is no need to record a new rezoning ordinance with the Kendall County Recorder's Office.
Should you have any questions regarding this memorandum,please let me know.