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Ordinance 2013-30 AL � _ } 42419 ! ' C7 N '34 7 1. i _DI EW ff:Y� EEC I LE, � . . . 1 f'i bH—. 7 i i i f UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS i ORDINANCE NO . 2013-30 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS , GRANTING SIGN VARIANCES FOR THE PROPERTY LOCATED AT 3 WEST VETERANS PARKWAY, YORKVILLE, ILLINOIS (McDonald ' s) Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 16`x' day of May, 2013 i Prepared by and Return to : United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 I I l Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on June 18 , 2013 . I i Ordinance No. 2013- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE , KENDALL COUNTY, ILLINOIS, GRANTING SIGN VARIANCES FOR THE PROPERTY LOCATED AT 3 WEST VETERANS PARKWAY, YORKVILLE, ILLINOIS (McDonald ' s) WHEREAS , the United City of Yorkville, Kendall County, Illinois (the "City") is I a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, I WHEREAS , pursuant to the Illinois Municipal Code (65 ILCS 5/ 11 - 13 -5) the Mayor and I City Council of the City (the "Corporate Authorities") may provide for and allow variances to provide relief when strict compliance with the requirements of Title 8 , Chapter 11 , entitled Signs, presents a particular hardship ; and, WHEREAS , application ZBA 2013 -01 , filed by McDonald ' s USA, LLC (the Applicant") , i requested the relocation of the existing permanent ground sign which exceeds the maximum permitted sign area of 32 feet by 92 square feet, sign height of 8 feet by 24 feet, and without a masonry base as required by Section 8 - 11 -9A of the Yorkville City Code (the "Code") with i respect to the real property described in Section 1 herein (the " Subject Property") ; and, I WHEREAS, the variances are requested by the Applicant pursuant to the State of Illinois ' I widening of Veteran ' s Parkway (Route 34) along the front yard of the Subject Property resulting in the required relocation of the existing sign; and, WHEREAS , Notice of a public hearing on said application was published and pursuant to said notice the Zoning Board of Appeals of the City conducted a public hearing on May 1 , 2013 , on said application in accordance with the State statutes and the ordinances of the City; and, I Ordinance No. 2013- 30 Page 2 f WHEREAS , the Corporate Authorities approved Ordinance No . 2010-26 on June 8 , 2010, entitled An Ordinance Approving The Relocation Of Specific Signs Impacted By the Widening Oflllinois Route 47 which included the sign for which the variances have been requested by the Applicant; and, i WHEREAS, the Zoning Board of Appeals made the required written Findings of Fact finding that the variation met the standards in Section 8 - 11 - 13 of the Code and 10- 14- 5C of the Yorkville Zoning Ordinance (the "Zoning Ordinance") and I recommended that the variances be granted; and, I WHEREAS , the Corporate Authorities of the City of Yorkville have received and considered the recommendation of the Zoning Board of Appeals . NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City of Yorkville, Kendall County, Illinois, as follows : Section 1 . That this Ordinance shall apply to the Subject Property commonly known as 3 West Veterans Parkway and legally described in Exhibit A attached hereto and i made a part hereof by reference. Section 2. That variations pursuant to Section 8 - 11 - 13 of the Code and 10- 14-5C of the Zoning Ordinance to permit a free standing pole sign on a lot of less than 3 acres with a maximum permitted sign area of 220 square feet, a maximum sign height of 26 feet, i and not constructed on a masonry base are hereby granted for the Subject Property. Section 3 . That the sign shall be constructed, operated and maintained in i accordance with the following plans, diagrams and conditions : j i The Freestanding Signage Exhibit prepared by Watermark Engineering dated March 15 , 2013 attached hereto and made a part hereof as Exhibit B and further i Ordinance No. 2013 - Page 3 i ill l dimensioned on the 70-100 Road Sign plan prepared by Everbrite, LLC attached hereto i and made a part hereof as Exhibit C . Notwithstanding anything contained herein to the j contrary, and subject to City staff approval, a substantially similar sign face with dimensions not to exceed the variance granted may be used. Section 4 . That ordinances or parts of ordinances in conflict with the provisions i hereof, are hereby repealed to the extent of such conflict. I Section 5 . That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law, i r i Passed by the City Council of the United City of Yorkville, Kendall County, j Illinois this day of , 2013 . i CITY CLERK i ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT j i i Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a / day of M A 2013 . Gjq}� M OR i i i i Ordinance No. 2013 - 30 Page 4 I i I EXHIBIT A LEGAL DESCRIPTION: PARCEL 1 : LOT 1 , MCDONALD SUBDIVISION, YORKVILLE, I4CENDALL COUNTY, ILLINOIS , (EXCEPTING THEREFROM THAT PORTION OF SAID LOT 1 TAKEN IN CONDEMNATION CASE NO. 2011ED24, AN ORDER VESTING TITLE WAS RECORDED DECEMBER 15, 2011 AS DOCUMENT 201100020875, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1 ; THENCE SOUTH 00 DEGREES 16 MINUTES 40 SECONDS EAST 50 . 809 METERS ( 166 . 70 FEET} ALONG THE WEST LINE OF SAID LOT I TO THE POINT OF BEGINNING; THENCE SOUTH 80 DEGREES 46 MINUTES 52 SECONDS EAST 42 . 709 METERS ( 140. 12 FEET) ; THENCE EASTERLY 17 . 701 METERS (58 . 07 FEET)ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3 ,474.758 METERS ( 11 ,400. 10 FEET), THE CHORD OF SAID CURVE BEARS SOUTH 80 DEGREES 55 MINUTES 37 SECONDS EAST 17 . 701 METERS (58 . 07 FEET), TO THE EAST LINE OF SAID LOT 1 ; THENCE SOUTH 04 DEGREES 09 MINUTES 21 SECONDS WEST 2 . 611 METERS (8 . 57 FEET) ALONG THE EAST LINE OF SAID LOT 1 TO THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY 9 .284 METERS (30 .46 FEET) ALONG THE SOUTH LINE OF SAID LOT 1 BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 4, 137 .479 METERS ( 13 ,574. 38 FEET) , THE CHORD OF SAID CURVE BEARS NORTH 80 DEGREES 46 MINUTES 47 SECONDS WEST 9 .284 METERS (30 .46 FEET) ; THENCE NORTH 80 DEGREES 42 MINUTES 56 SECONDS WEST 50 . 938 METERS (167 . 12 FEET) ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHWEST CORNERTHEREOF; THENCE NORTH 00 DEGREES 16 MINUTES 40 SECONDS WEST 2 . 531 METERS (8 . 30 FEET) ALONG THE j WEST LINE OF SAID LOT 1 TO THE POINT OF BEGINNING) PARCEL 1 BEING ALSO DESCRIBED AS FOLLOWS : THAT PART OF LOT 1 IN MCDONALD SUBDIVISION, BEING A SUBDIVISION IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AS DOCUMENT NUMBER 77- 1591 , MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1 ; THENCE SOUTH 04 DEGREES 44 MINUTES 24 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 1 , A DISTANCE OF 166 . 22 FEET TO THE NORTHEAST CORNER OF THE LAND TAKEN IN CONDEMNATION CASE NO . 2011 ED24, DESCRIBED IN AN ORDER VESTING TITLE RECORDED DECEMBER 15 , 2011 AS DOCUMENT 201100020875 ; THENCE NORTH- WESTERLY ALONG THE NORTHERLY LINE OF SAID LAND TAKEN BY CONDEMNATION CASE NO . 2011 ED24, BEING A CURVE CONCAVE NORTHEASTERLY, NOT TANGENT TO THE j LAST DESCRIBED COURSE, HAVING A RADIUS OF 11400 . 10 FEET, A CENTRAL ANGLE OF 00 DEGREES 17 MINUTES 31 SECONDS, A CHORD BEARING OF NORTH 80 DEGREES 21 MINUTES 27 SECONDS WEST, A CHORD LENGTH OF 58 . 07 FEET, AN ARC LENGTH OF 58007 FEET TO A POINT OF TANGENCY; THENCE NORTH 80 DEGREES 12 MINUTES 42 SECONDS WEST ALONG SAID NORTHERLY LINE, 140 . 12 FEET TO THE NORTHWEST CORNER OF SAID LAND TAKEN BY CONDEMNATION CASE NO, 2011 ED24, SAID NORTHWEST CORNER BEING ON THE WEST LINE OF SAID LOT 1 ; THENCE NORTH 00 DEGREES 18 MINUTES 59 SECONDS EAST ALONG SAID WEST LINE, 166 .49 FEET TO THE NORTHWEST CORNER OF SAID LOT 1 ; ! THENCE SOUTH 80 DEGREES 37 MINUTES 13 SECONDS EAST ALONG THENORTHERLY LINE OF SAID LOT 11 A DISTANCE OF 210 . 96 FEET TO THE POINT OF BEGINNING; IN KENDALL COUNTY, ILLINOIS . i PIN: 02-28- 104-026 ADDRESS : 3 West Veterans Parkway 672408. 1 Exhibit B RESUBDIMSION OF PART OF BLOCK 1 COUNTRYSIDE CENTER UNIT f N0.1 FREESTANDING SIGN LEGEND ° t� McDONALD'S RELOCATED 70/100 ROAD SIGN O McDONALD'S DIRECTIONAL SIGN fi'%26'Dlrscalon°I Slpn I 6 14' '� _10. # N85'15',3 216.98' ^� { — w.� �S' .w. z. cm IH tea•�.. d/ iii �/ _ a._•f.._a. -_ PrOpared For: y 'O ... •'• M di la�emi.U[.l,fw4en♦.a.b6MA.rW anv,),r.WU/.va a.UtJ1T eLI.....vYY._. i0 O ,1 a 3 ii (;)McDONALD'S MENU BOARD ®McDONALD'S DOUBLE WELCOME POINT GATEWAY PART O BLOCK 1 . COUNTRYSIDE CENTER UNIT NO.1 � OF'0_Outdaor Nem/D_a_rd __-_-_ _... ... ._ ... Everbrk p�„r;.v,c�amt•Polnt GattwfywlMrytanCAry Tlma(Wflxd lace .. _- Everbrd J F _ A 7 I'1 J ` d t =x )n UON,[ELT -am T-335{ �§ .•✓.�. �,Faj�.. : *0 ' °f1 fD Q [Drlwm--thrra lirlwes Tflru yzo' 1^ �( ' l vi i s _ '.,'I wwr✓+ ran. 1 !r. rr �.?•--:-r ry 1 a) y I �' _ _ - - 4 la 1 %!/ di rd• - _ .>rv1,.,,M-..� .....,.,r•. . C J CX a - 01 3 Q M 1g �I 1 •s.: �. r c 14,, �. •� __-,<___ - -...__-... ----- - G If •.;• � I Yao,Dlscs r_ :� _i ' -- b I I et itit]P e. _ ErtslLL frf Yew Me.Se.e�fM�aa 63rTJ albpl�0'!t i.ma]br3tl m - ____'4 .(� '_^::. �. :. •..-_.. i ,�s° .s_s,avx..... esv.ms r.r.r.,., ,,..,.,.�.- o l; ; ; McDONALD'S DRIVE—THRU TWIN POLE CANOPY McDONALD'S PRE—SELL BOARD la 00 I O W BUILT IN COD p.�.f',�r� 11 .=: •�” . tD I I DAraTIwTMinPoMpnaprw fBYH-Ir,MD1PMm6d) O�Gro-SetlBO61d _ -._ -. •.... Efviblfl Prepared For: la - I Fx.L[uP.wvi I Ub Ca�inOA�OSd9 is YjIN{L _i:;' 1 1 J Lam• �.+.vlAw � [.s-i. Y. � E 0 I 1 VOO� la I iT________� Lei Pr ;N 10, 91 ..-.. .r .w� .a✓a A l�Q cn 'u° +rrYi4°p+mu in ® 2 v 41 o a>Ii� �,... 14 11 ..�+n.w.• .-no.ev _� f •cra.><�....•r,.. L rlW o q _ m _ .s��r��z "�. y' -•a�-. Q � �: _ y -N80 42, - ` e J a—l't alsu.we».a nw..a vasT»f ealessrw+°am W 1. 40.12' so ������ ��a�✓'ne`��',•j�r�,D���.o,,s u '?' �' = ai 8.81'(M) N d 4 R=1100.10' ..�oa =' I h xncnoaoar» _ W _ - —- - -A= '`�• I -V' CB=N80'5'37"W(D 1 Z o O1 ETEDD--� S_-��_ - __ o0Z (RIGHT OF WAY WID77�N p i �V N Z VARIES) Ate) -_____-__-- ___________ co 0 20 m r w Z 10 20 40 80 ?w < M _ w K 6 V K Z FREESTANDING 1 of 1 W SIGNAGE EXHIBIT n Exhibit C Everbrite 70/100 Road Sign ©Identity Systems Division E 14'-2" 431.8 cm 5'-2" 157.5 cm Illumination: Arch- 6 F-72 T12 CW/HO 4 F-36 T12 CW/HO Base-10 F-72 T12 CW/HO 2 F-24 T12 CW/HO Electrical: Arch- 6.0 Amps 120V 60Hz Base-8.0 Amps 120V 60Hz Ballast: Arch- 2 Magnetek 256-648 Base- 2 Magnetek 256-672 Ship Weight: 2750 lbs. Other: Replacement faces and mouldings only Everbrite, LLC, 315 Marion Ave., South Milwaukee, WI, 53172 P: 888-857-4078 F: 877-430-7363 www.everbrite.com