Ordinance 2006-153 STATE OF ILLINOIS )
COUNTY OF KENDALL � ) I' IU NI)ALL O Y01 L
RECORDED: 10/16/2008 10:19 AM
ORDI: 54.00 RHSRS FEE: 10.00
RAGES: 9
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THIS IS A COVER PAGE
FOR RECORDING
PURPOSES ONLY
Ordinance No. 2006 -153
An Ordinance Rezoning Certain Property
In Furtherance of an Annexation Agreement
(Otis Property Management, Inc.)
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STATE OF ILLINOIS )
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COUNTY OF KENDALL )
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ORDINANCE NO. 2006- 1 S3
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
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(Otis Property Management, Inc.)
WHEREAS, OTIS Property Management, Inc. is the legal owner of record of
property described on Exhibit "A" attached hereto and incorporated herein (the Property),
and
WHEREAS OTIS Property Management, Inc, 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
«B„
2. The United City of Yorkville hereby amends its Comprehensive Plan to show the real
property described in the attached Exhibit "A" to be a B -3 Service Business District Use
on its latest Comprehensive Plan; and the City hereby amends its Zoning Map to provide
said District as a B -3 Service District.
3. The Property shall be developed according to the terms of an Annexation Agreement
previously adopted.
4: 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
DEAN WOLFER MARTY MUNNS
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this o0 Day of bEC .EM 6E)e- , A.D. 2006.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this c9(0 day of bEc E-m PJf-P— , A.D. 2006.
ATTEST: -
- bEPv y CITY C6RK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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Legal Description:
- neat part of the Southwest Quarter of Section 5 and part of the Northwest Quarter of Section 8, Township 36 North,
Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of said Section S;
thence North 5 degrees, 47 minutes, 0 seconds West 252.75 feet to the tangent of the center line of Illinois Route 71,
said point being P.I. Station 1425 +19.65 of said center line; thence South 85 degrees, 37 minutes, 0 seconds West along
said tangent and along the center line and along a tangent of said center line 2089.48 feet to P.I• Station 1404 -+ :3:3.50;
thence South 74 degrees, 14 minutes, 0 seconds West along the tangent and along the center line of Illinois Route ?1,
1855.80 feet; thence North 18 degrees, 07 minutes, 30 seconds West 69.2 feet to the Northerly line of said Illinois R(1Ute
71 for the point of beginning; thence North 18 degrees, 07 minutes, 30 seconds West 418 feet; thence North 7cl degrees,
42 minutes, 30 seconds East parallel with the Northerly line of said Illinois Route 71, 209 feet; thence South 18 degrees,
07 minutes, 30 seconds East 418 feet to the Northerly line of said Illinois Route 71; thence South 74 degrees, 42 Minutes,
30 seconds West along said Northerly line 209 feet to the point of beginning, in the Township of Kendall, Kendall County,
Illinois.
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EXHIBIT "B"
10 -7D -1 10 -7D -1
CHAPTER
BUSINESS DISTRICTS
ARTICLE D. B -3 SERVICE BUSINESS DISTRICT
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.
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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