Ordinance 2007-035 STATE OF ILLINOIS 2 101 tl Ca 0 (d 4. o
)ss
COUNTY OF KENDALL
KENI)ALL L0UNTY, fl-
RECORDED: 11/18/2008 10:50 AM
ORDI 54.00 RHSPS FEE. 10.00
PAGES: 9
THIS IS A COVER PAGE
FOR RECORDING
PURPOSES ONLY
Ordinance No. 2007-35
An Ordinance Rezoning Certain Property
in Furtherance of an Annexation Agreement
(Fountain View)
i
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2007-
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
(Fountain View)
WHEREAS, Jerald L. Hanson Revocable Trust & Carol Hanson are the legal
owners of record of property described on Exhibit "A" attached hereto and incorporated
herein (the Property), and
WHEREAS DTD Investments, LLC, developer of the Property has made application
by petition for the rezoning of the Property pursuant to an Annexation of the Property,
and
WHEREAS, owners and developers have previously entered into an agreement for
annexation, and zoning of the property, and
WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the
property as B -3 — Service Business District.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE
MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT:
1. The City Council approves the recommendation of the Plan Commission and hereby
rezones the property as B -3 Service Business District as described in attached Exhibit
«
2. The Property shall be developed according to the terms of an Annexation Agreement
previously adopted.
3: This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
JAMES BOCK _ JOSEPH BESCO
VALERIE BURD , PAUL JAMES
J
GARY GOLINSKI MARTY MUNNS --
ROSE SPEARS �� JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this _;4%A day of , A.D. 2007.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this Q�k day of , A.D. 2007.
ATTEST:
u CITY CLERK
i
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
I
i
LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF
THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 5; THENCE SOUTH 89 DEGREES, 40 MINUTES, 05
SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER
655.52 FEET TO THE TANGENT CENTER LINE OF ILLINOIS STATE ROUTE NO.
47 EXTENDED FROM THE SOUTH; THENCE SOUTH 1 DEGREE, 44 MINUTES,
07 SECONDS EAST ALONG SAID TANGENT CENTER LINE AND SAID
TANGENT CENTER LINE EXTENDED, 3511.16 FEET; THENCE NORTH 89
DEGREES, 29 MINUTES, 40 SECONDS EAST 548.60 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 89 DEGREES, 29 MINUTES, 40 SECONDS WEST
ALONG THE LAST DESCRIBED COURSE 548.60 FEET TO THE CENTER LINE
OF ILLINOIS STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH 1 DEGREE,
44 MINUTES, 07 SECONDS EAST ALONG SAID CENTER LINE 489.07 FEET;
THENCE SOUTH 86 DEGREES, I1 MINUTES, 02 SECONDS EAST 575:53 FEET TO
A LINE DRAWN SOUTH 4 DEGREES, 21 MINUTES, 07 SECONDS EAST FROM
THE POINT OF BEGINNING; THENCE NORTH 4 DEGREES 21 MINUTES, 07
SECONDS WEST ALONG SAID LINE 533.53 FEET TO THE POINT OF;
BEGINNING (EXCEPT THE SOUTHERLY140 FEET, AS MEASURED ALONG THE
EAST LINE THEREOF AND ALSO EXCEPT THAT PART CONVEYED TO THE
PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION
BY WARRANTY DEED RECORDED MAY 8, 1990 AS DOCUMENT 90 -2884) IN
THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS.
EXHIBIT "B"
10 -7D -1 10 -7D -1
i
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE D. B -3 SERVICE BUSINESS DISTRICT
i
SECTION:
10 -7D -1: Permitted Uses
10 -7D -2: Special Uses
10 -7D -3: Lot Area
10 -7D -4: Yard Areas
10 -7D -5: Lot Coverage
10 -7D -6: Maximum Building Height
10 -7D -7: Off Street Parking And Loading
10 -7D -1: PERMITTED USES:
All uses permitted in the B -2 district.
Agricultural implement sales and service.
Appliance - service only.
Automotive sales and service.
Boat sales.
Building material sales.
Business machine repair.
Car wash without mechanical repair on the premises.
Catering service.
Drive -in restaurant.
Electrical equipment sales.
September 2005
City of Yorkville
10 -7D -1 10 -7D -1
Feed and grain sales. )
Frozen food locker.
Furniture repair and refinishing.
Golf driving range.
Greenhouse.
Kennel.
Miniature golf.
Motorcycle sales and service.
Nursery.
Orchard.
Park - commercial recreation.
Plumbing supplies and fixture sales.
Pump sales.
Recreational vehicle sales and service.
Skating rink.
Sports arena.
Taxicab garage.
Tennis court - indoor.
Trailer rental. )
Truck rental.
Truck sales and service.
Upholstery shop.
September 2005
City of Yorkville
10 -7D -1 10 -71D-4
Veterinary clinic. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1986 -1, 1 -9 -1986;
Ord. 1988 -7, 4 -14 -1988; Ord. 1995 -19, 8 -10 -1995; Ord. 1998 -21,
6 -25 -1998; Ord. 2005 -58, 7 -12 -2005)
10 -7D -2: SPECIAL USES:
All special uses permitted in the B -2 district.
Amusement park.
Boat launching ramp.
Boat rental and storage.
Daycare centers.
Stadium. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1995 -19, 8 -10 -1995; Ord.
1995 -20, 8 -10 -1995)
10 -7D -3: LOT AREA: No lot shall have an area less than ten thousand
(10,000) square feet. (Ord. 1986 -1, 1 -9 -1986)
10 -7D -4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
A. Front Yard: A front yard of not less than fifty feet (50'). (Ord.
1973 -56A, 3 -28 -1974)
B. Side Yards:
1. A minimum side yard shall be required between buildings within
the B -3 district of twenty feet (20') between a building constructed
thereon and the side lot line, except in any existing B -3 zoning
district within the corporate boundaries where no minimum side yard
shall be required between buildings, except where a side yard
adjoins a street, wherein a minimum yard of not less than thirty feet
(30') shall be required.
2. The zoning board of appeals may, upon application, grant a
variance to any petitioner seeking to vary the side yard requirements
September 2005
City of Yorkville
10 -7D -4 10 -7D -7
in a B -3 district if the variance is sought for a parcel of real estate
that is sought to be developed as a planned unit development
because of the unique nature of the parcel or development sought
thereon. (Ord. 1986 -1, 1 -9 -1986; amd. 1994 Code)
C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord.
1973 -56A, 3 -28 -1974)
D. Transitional Yards: Where a side or rear lot line coincides with a
residential district zone, a yard of not less thirty feet (30') shall be
required. A transitional yard shall be maintained only when the
adjoining residential district is zoned R -1 or R -2 one - family
residential. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1987 -1,
2 -12 -1987)
E. Parking Lot Setback Requirements:
1. Arterial Roadways: When a parking lot located in the B -3 zoning
district is located next to an arterial roadway, as defined in the city's
comprehensive plan, a twenty foot (20') setback from the property
line is required.
2. Nonarterial Roadways: When a parking lot located in the B -3
zoning district is located next to a nonarterial roadway, as defined in
the city's comprehensive plan, a ten foot (10') setback from the
property line is required. (Ord. 1998 -32, 11 -5 -1998)
10 -7D -5: LOT COVERAGE: No more than fifty percent (50 %) of the
area of the zoning lot may be occupied by buildings and
structures, including accessory buildings. (Ord. 1973 -56A, 3 -28 -1974)
10 -7D -6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35').
(Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1998 -8, 3 -26 -1998)
10 -7D -7: OFF STREET PARKING AND LOADING: All in accordance
with regulations set forth in chapter 11 of this title. (Ord.
1973 -56A, 3 -28 -1974)
September 2005
City of Yorkville