Ordinance 2006-110 STATE OF ILLINOIS ) '`° ` 0 09 0 W QA 0 ;=n 0 2 E"
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COUNTY OF KENDALL I_ E -y
KENI76dIA. ( *,I)UNTY, 11—
RECORDED: 3 /5/2009 12:36 Phi
ORDI: 54.00 RH3PS fE }: 10.00
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THIS IS A COVER PAGE
FOR RECORDING
PURPOSES ONLY
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Ordinance No. 2006 -110
An Ordinance Rezoning Certain Property
In Furtherance of an Annexation Agreement
(North Star Parcel A)
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STATE OF ILLINOIS )
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COUNTY OF KENDALL )
ORDINANCE NO. 2006- �y
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
(North Star Parcel A)
WHEREAS, North Star Trust Company u/t dated August 8, 2006, No. 06 -9993 is
the legal owner of record of property described on Exhibit "A" attached hereto and
incorporated herein (the Property), and
WHEREAS North Star Trust Company u/t dated August 8, 2006, No. 06 -9993,
owner /developer of the Property have made application by petition for the rezoning of the
Property pursuant to an Annexation of the Property, and
WHEREAS, owner /developer have previously entered into an agreement for
annexation, and zoning of the property, and
WHEREAS, the Yorkville Plan Commission has recommended the annexation of the
property.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
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ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE l
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MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT:
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1. The City Council approves the recommendation of the Plan Commission and hereby
rezones the property as B -3 Business Service District as described in attached Exhibit
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2. The Property shall be developed according to the terms of an Annexation Agreement
previously adopted.
3. This Ordinance shall be in fall force and effect from and after its passage and
approval as provided by law.
JAMES BOCK t - JOSEPH BESCO c
VALERIE BURD PAUL JAMES v�
DEAN WOLFER v MARTY MUNNS mo t,
ROSE SPEARS JASON LESLIE V\1
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Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this e-\,i-, Day of , A.D. 2006.
MAYO
Passed b the Ci Council of the United Ci of Yorkville, Kendall County,
Pas y y Y �
Illinois this c'-Z&— day of , A.D. 2006.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
EXHIBIT PA"
THAT PART OF THE NORTPHWEST QUARTER OF SECTION 13, TOWNSHIP 36 NORTH, RANGE 6
EAST OF THE THfiFRD P- I- I MERIDIAN BEING DESCRIBED BY COMM•ENOING AT A POINT ON
THE NORTH WNZ OF SAI:°D QUARTER SECTION 20 CH•AIN•S WEST OF TH °E N:OR'TFi:FAST CORN. —'R OF
SAID NORTHWEST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF OF
SAID QUARTER SECTION 19.35 CHAINS; THENCE SOUTH 64 DEGREES 15 M:INUT -ES EAST 2.92
CHAINS TO THE CENTER OF THE ORIGINAL OTTAWA AND OSWEGO ROAD FOR THE POINT -OF
BEGINNING; THENCE SOUTH 64 DEGREES 15 MINUTES EAST 1091.99 FEET TO THE SOUTHERLY
EXTENSION OF THE EAST RIGHT OF WAY LINE OF HIGHPOINT ROAD AS SHOWN ON THE PLAT
OF SUBDIVISION FOR'HIGHP -OINT VIEW; THENCE NORTH 07 DEGREES 48 MINlil-TES 49 SECONDS
EAST ALONG SAID EASTERLY RIGHT OF WAY LINE AND THE SOUTHERLY EXTE'14.SI1ON, 558.68
FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID HIGHPOINT VIEW SUeDIVI.SION; THENCE
NORTH 11 DEGREES 02 MINUTES 20 SECONDS EAST ALONG SAID RIGHT OF WAY, 19 FEET
TO THE NORTHWEST CORNER OF LOT 1 OF SAID HIGHPOINT VIEW SUBDIWSIrO`N; THENCE SOUTH
87 DEGREES 59 MINUTES 44 SECONDS EAST ALONG THE NORTH LINE OF SAID .LOT 1, 35.5.9
EET; THENCE NORTH 78 DEGREES 05 MINUTES 41 SECONDS EAST ALONG SA4D NORTH LINE,
11.08 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00
D.EGR - FES 19 MINUTES 45 SECONDS EAST ALONG SAID EAST LINE, 537.33 FEET TO SAID
CENTER OF ORIGINAL OTTAWA AND OSWEGO ROAD; T14ENGE SOUTH 54 DEGREES 30 MINUTES
WEST ALONG SAID CENTER LINE 22.42 CHAINS TO THE POINT OF BEGINNING, IN FOX
TOWNSHIP, KENDALL COUNTY, ILLINOIS.
EXHIBIT "B"
10 -7D -1 10 -7D -1
CHAPTER 7
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.
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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)
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September 2005
City of Yorkville
PLAT OF ANNEXATION
OF
N THAT PART OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 36 NORTH, RANGE 6
EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON
j = THE NORTH LINE OF SAID QUARTER SECTION 20 GRAINS WEST OF THE NORT -IEAST CORNER OF _
l SAID NORTHWEST QUARTER THENCE. SOUTH AL014G THE WEST LINE OF THE EAST HALF OF
SAID QUARTER SECTION 19.35 CHAINS; THENCE SOUTH 64 DEGREES 15 MINUTES EAST 2.92
CHAINS TO THE CENTER OF THE ORIGINAL OTTAWA AND OSWEGO ROAD FOR THE POINT OF
&a]e; 1V c200 BEGINNING; THENCE SOUTH 64 DEGREES 15 MINUTES EAST 1091.9.9 FEET TO THE SOUTHERLY
EXTENSION OF THE EAST RIGHT OF WAY LINE OF HIGHPOINT ROAD AS SHOWN ON THE PLAT J -_
OF SUBDIVISION FOR HIGHPOINT NEW. THENCE NORTH 07 DEGREES 48 MINUTES 49 SECONDS.
EAST ALONG SAID EASTERLY RIGHT `OF WAY LINE AND THE SOUTHERLY EXTENSION. 558.68
FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID HIGHPOINT VIEW SUBDIWSION; THENCE
NORTH 11 DEGREES 02 MINUTES 20 SECONDS EAST ALONG SAID RIGHT OF WAY, 181.34 FEET
TO THE NORTHWEST CORNER OF LOT 1 OF SAID HIGHPOINT VIEW SUBDIVISION; THENCE SOUTH
87 DEGREES 59 MINUTES 44 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1, 35.59
FEET; THENCE 'NORTH 78 DEGREES 05 MINUTES 41 SECONDS EAST ALONG SAID NORTH LINE, - -
11.08 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH OD
DEGREES 19 MINUTES 45 SECONDS EAST ALONG SAID EAST LINE, 537.33 FEET TO SAID
CENTER -OF ORIGINAL OTTAWA AND OSWEGO ROAD; THENCE SOUTH 54 DEGREES 30 MINUTES
WEST ALONG SAID_CENTER LINE 22.42 CHAINS TO THE POINT OF BEGINNING, IN FOX
TOWNSHIP, ICENDALL COUNTY, ILLINOIS.
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