Ordinance 2006-056 20
Filed for Record in
KENDALL COUNTY? ILLINOIS
RENNETTA S MICKELSON
STATE OF ILLINOIS ) 07 -25-201 At 01 X26 phi.
ORDINANCE 42.00
ss RHSP SLirc harge - 1000
COUNTY OF KENDALL )
ORDINANCE NO. 2006-
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF A DEVELOPMENT AGREEMENT
(Tuscan Plaza)
WHEREAS, Gary and Donna Cervelli are the legal owners of record of property
described on Exhibit "A" attached hereto and incorporated herein (the Property), and
WHEREAS George Fisher, developer of the Property has made application by
petition for the rezoning of the Property pursuant to Development of the Property, and
WHEREAS, owners and developers have previously entered into an agreement for
development and zoning of the property, and
WHEREAS, the Yorkville Plan Commission has recommended a rezoning of the
property by changing the allocation of the zoning districts by allowing all permitted uses
in the B -2 General Business District including residential uses in a business building as
depicted in Exhibit `B" to the Development Agreement (Floor Plan) and approved as a
Special Use and decreasing from 20 feet to 0 feet for the rear and side yard setbacks (10-
7C -4B and C), increasing lot coverage from 80% to 90% (10- 7C -5), reducing the
minimum parking lot aisle from 24 feet to 22 feet 4 inches (10 -11 -13 ), and reducing the
amount of required off - street parking spaces from 44 to 29 — (Retail uses require 24
spaces and residential use requires 20 spaces).
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NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
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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
j rezones the property legally described on Exhibit "A" to the zoning classifications
described in the Development Agreement by allowing all permitted uses in the B -2
General Business District including residential uses in a business building as depicted
in Exhibit "B" to the Development Agreement (Floor Plan) and approved as a Special
Use and decreasing from 20 feet to 0 feet for the rear and side yard setbacks (10 -7C-
4B and C), increasing lot coverage from 80% to 90% (10- 7C -5), reducing the
minimum parking lot aisle from 24 feet to 22 feet 4 inches (10- 11 -13), and reducing
the amount of required off - street parking spaces from 44 to 29 — (Retail uses require
24 spaces and residential use requires 20 spaces).
2. The Property shall be developed according to the terms of the Development
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 u
v
VALERIE BURD PAUL JAMES
C� J
DEAN WOLFER MARTY MUNNS LAI
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ROSE SPEARS JASON LESLIE
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Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this day of , A.D. 2006.
MAYOR
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2006.
ATTEST:
U CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
EXHIBIT A.
PLAT OF SURVEY
OF
PARCEL ONE: LOTS 1 AND 9 IN BLOCK 1 OF BLACK'S ADDITION TO THE
VILLAGE OF YORKVILLE, IN THE UNITED CITY OF THE VILLAGE OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
PARCEL TWO: THE NORTH 1/2 OF LOTS 2 AND 10 IN BLOCK 1 OF
BLACK'S ADDITION TO THE VILLAGE OF YORKVILLE, IN THE VILLAGE OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
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EXHIBIT B
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