Ordinance 2007-046 200700020743
020743
Filed for Record in
KENDALL COUNTY, ILLINOIS
STATE OF ILLINOIS ) PAUL ANDERSON
07 - 09 -2007 At 09:43 am.
ss ORDINANCE 40.00
COUNTY OF KENDALL ) RHSP Surcharge 10.013
ORDINANCE No. 2007 - Lil
ORDINANCE APPROVING MINOR CHANGE TO YORKVILLE
MARKET SQUARE PLANNED UNIT DEVELOPMENT
AGREEMENT
WHEREAS, on March 4, 2004, pursuant to notice and hearing, and in accordance
with the provisions and requirements of Title 10 (Zoning), Chapter 13 (Planned Unit
Developments) of the United City of Yorkville City Code and other applicable state and
local laws, Progress Holdings, LLC ( "O)VNER/DEVELOPER ") and the corporate
authorities of the United City of Yorkville ( "CITY ") approved and entered into the
Market Square Planned Unit Development Agreement (the "PUD Agreement "), and the
CITY adopted Ordinance No. 2004 -16 approving the Market Square Planned Unit
Development ( "PUD ")
WHEREAS, on February 27, 2007, in accordance with the requirements of the
Subdivision Control Ordinance, the CITY approved the Final Plat for Yorkville Market
Square, a three (3) lot subdivision; and
WHEREAS, the OWNER/DEVELOPER of the Market Square PUD has
petitioned the CITY for approval of a change to the plan and plat of the PUD so as to
reduce a required setback on Lot 3 from twenty (20) feet to fifteen (15) feet, as set forth
in Exhibit "A" hereto; and
WHEREAS, Section 4.B.(ii) of the PUD Agreement provides that minor changes
to the PUD may be processed without Plan Commission Review or public hearing; and
WHEREAS, upon review and consideration of the OWNER/DEVELOPER'S
requested change to the PUD plan and plat, the CITY has determined that said change
would not alter the concept or intent of the PUD, or the governing purposes of planned
unit developments as set forth in Section 10 -13 -1 of the City Code, and would constitute
a "minor" change to the PUD, as defined in Section 4.A.(ii) of the PUD Agreement; and
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, as follows:
1. That a minor change to the Yorkville Market Square Planned Unit
Development and the PUD plan and plat, as set forth in Exhibit "A" hereto is hereby
approved.
2. This Ordinance shall become effective upon its passage and approval as
provided by law.
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER b WALTER WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS JASON LESLIE --
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
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Illinois, this '> Day o , A.D. 2007.
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MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this _;� Day of , A.D. 2007.
ATTEST: \
CITY CLERK
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LEGAL DESCRIPTION
THAT PART OF THE NORTMEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MEREDIAN, DESCRIBED AS FOLLOW: COMMENCING AT
THE INTERSECTION OF THE CENTER LINE OF U.S. ROUTE 34 WITH THE EASTERLY
RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE SOUTH 04 DEGREES 52 MINUTES
00 SECONDS WEST ALONG SAID EASTERLY LINE OF ILLINOIS ROUTE 47, A DISTANCE
OF 425.04 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 04 DEGREES 52
MINUTES 00 SECONDS EAST ALONG SAID EASTERLY LINE 425.04 FEET TO THE CENTER
LINE OF U.S. ROUTE 34; THENCE SOUTH 83 DEGREES 46 MINUTES 47 SECONDS EAST
ALONG SAID CENTER LINE 385.72 FEET; THENCE SOUTH 06 DEGREES 13 MINUTES 13
SECONDS WEST 400 FEET; THENCE SOUTH 79 DEGREES 59 MINUTES 12 SECONDS WEST
62.46 FEET TO A POINT SOUTH 85 DEGREES 06 MINUTES 00 SECONDS EAST 315.80
FEET FROM THE POINT OF BEGINNING; THENCE NORTH 85 DEGREES 06 MINUTES 00
SECONDS WEST 315.80 FEET TO"THE POINT OF BEGINNING, (EXCEPT THAT PART
ACQUIRED BY THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS
THROUGH PROCEEDINGS HELD IN THE CIRCUIT COURT FOR THE.I6TH JUDICIAL CIRCUIT
AS CASE 74 ED 3), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
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