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Ordinance 2006-066 2UCi3tiili)1TC�,3 Filed for Record in KENDALL COUNTY► ILLINOIS REHNETTA S MICKELSOH STATE OF ILLINOIS ) (±7-25- -2003 At 01;26 i1m. ss ORDINANCE 43. CIO COUNTY OF KENDALL ) RHSP Surcharge iii.00 ORDINANCE NO. 2006- � AN ORDINANCE REZONING CERTAIN PROPERTY (Prairie Point) WHEREAS, Donald J. Hamman and Carol S. Hamman are the owners of record of property described on Exhibit "A" attached hereto and incorporated herein (the Property), and WHEREAS, Donald J. Hamman and Carol S. Hamman have made application by petition for the rezoning of the Property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as B -3 Service Business District, and 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. 2. 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 l ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2006. 4 -/ Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this <�. day of( , A.D. 2006. ATTEST: 0 CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT "A" That part of Section 21, Township 37, North, Range 7 East of the Third Principal Meridian, more particularly described as follows: Commencing at the southerly most corner of Lot 167 in Prairie Meadows Subdivision said point being the intersection of the southeasterly line of Prairie Meadows Subdivision and the easterly right of way of McHugh Road; thence along the southeasterly line of said Prairie Meadows j Subdivision, North 49 degrees 50 minutes 06 seconds East, 85.11 feet for the point of beginning; thence continuing along said southeasterly line North 49 degrees 50 minutes 06 seconds East, 246.27 to a bend in said line; thence continuing along said southeasterly line, North 49 degrees 50 minutes 23 seconds East, 422.19 feet; thence South 38 degrees 18 minutes 57 seconds East, 712.04 feet to a point on a curve that is concentric with and 745.00 feet northerly of the North right of way line of Countryside Parkway; thence westerly 518.59 feet along.a curve to the left having a radius of 2245.00 feet and a chord that bears North 79 degrees 18 minutes 56 seconds West, a chord distance of 517.44 feet; thence along a line lying parallel with and 745.00 feet northerly of (as measured perpendicularly thereto) the North right of way of Countryside Parkway, North 85 degrees 56 minutes 00 seconds West, 444.92 feet to the point of beginning, all in Kendall Township, Kendall County, Illinois. 6 EXHIBIT "B" 10 -713-1 10 -713-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE D. B -3 SERVICE BUSINESS DISTRICT SECTION: 10 -7D -1: Permitted Uses 10 -713-2: Special Uses 10 -7D -3: Lot Area 10 -7D -4: Yard Areas 10 -713-5: 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 -713-1 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. 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 -713-4 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. i 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