Ordinance 2006-071 Fiull]°ddoo 75
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STATE OF ILLINOIS ) ► �? ar
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COUNTY OF KENDALL )
ORDINANCE NO. 2006- 11
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
(Silver Fox)
WHEREAS, Midwest Development, LLC is the legal owner of record of property
described on Exhibit "A" attached hereto and incorporated herein (the Property), and
WHEREAS Midwest Development, LLC, 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 annexation of the
property.
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 R -2 Residential District as described in attached Exhibit
"B»
2. The Property shall be developed according to the terms of an Annexation 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 lJ, JOSEPH BESCO UI
VALERIE BURD YL PAUL JAMES l)
DEAN WOLFER MARTY MUNNS L)
ROSE SPEARS YL JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this 3 441 - Day of , A.D. 2006.
MAYO
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2006.
ATTEST: ,,,, ak
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 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE BURLINGTON,
NORTHERN RAILWAY COMPANY, WHICH POINT, PREVIOUSLY
MONUhziv izo BY A CONCRETE MONUMENT, IS REPORTED TO BE 50.54
FEET, SOUTH 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG SAID
RIGHT OF WAY FROM THE INTERSECTION OF SAID RIGHT OF WAY LINE
AND THE NORTH LINE OF SAID SECTION 6; THENCE SOUTH 61 DEGREES 06
MDWMS 20 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID
RAILROAD, 1437.98 FEET; THENCE SOUTH 01 DEGREES 28 MINUTES 38
SECONDS EAST, 406.94 FEET; THENCE SOUTH 25 DEGREES 19 MINUTES 10
SECONDS EAST, 1326.82 FEET; THENCE SOUTH 24 DEGREES 50 NUNUTES 33
SECONDS EAST, 1405.93 FEET; THENCE NORTH 75 DEGREES 51 MINUTES 51
SECONDS EAST, 1556.19 FEET; THENCE NORTH 14 DEGREES 05 MINUTES 45
SECONDS WEST, 393,10 FEET; THSNDE NORTH 77 DEGREES 27 MINUTES 51
SECONDS EAST, 11.20 FEET; THENCE NORTH 12 DEGREES 35 MINUTES 59
SECONDS WEST 2406.69 FEET TO THE CENTER LINE OF FOX ROAD; THENCE
SOUTH 62 DEGREES 58 MINUTES 18 SECONDS WEST, ALONG SAID CENTER
LINE, 581.48 FEET; THENCE NORTH 21 DEGREES 46 MINUTES 09 SECONDS
WEST, 784.86 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART IN
FOX GLEN, BEING THAT PART OF THE FOREGOING NORTH OF THE CENTER
LINE OF FOX ROAD, AND EXCEPT THAT PART OF THE NORTHWEST
QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT
THE CENTER LINE OF FOX ROAD AT THE SOUTHWEST CORNER-OF A
SUBDIVISION KNOWN AS "FOX GLEN, KENDALL TOWNSHIP, KENDALL
COUNTY, ILLINOIS; THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS
EAST ALONG THE WEST LINE OF LOT 19 IN SAID SUBDIVISION EXTENDED,
835.57 FEET; THENCE NORTH 64 DEGREES 40 MINUTES 50 SECONDS EAST
217.38 FEET; THENCE NORTH 18 DEGREES 20 MINUTES 07 SECONDS WEST
708.61 FEET; THENCE NORTH 18 DEGREES 46 MINUTES 05 SECONDS EAST
138.95 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID FOX ROAD;
THENCE NORTH 25 DEGREES 41 MINUTES 24 SECONDS WEST 35.00 FEET TO
SAID CENTER LINE; THENCE SOUTH 64 DEGREES 18 MINUTES 36 SECONDS
WEST ALONG SAID CENTER LINE, 400.00 FEET TO THE POINT OF
BEGINNING) IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS,
AND CONTAINING 102.75 +/. ACRES.
EXHIBIT "B"
10 -6C -1 10 -6C -3
CHAPTER 6
RESIDENTIAL DISTRICTS
ARTICLE C. R -2 ONE - FAMILY RESIDENCE DISTRICT
SECTION:
10 -6C -1: Uses Permitted
10 -6C -2: Special Uses
10 -6C -3: Lot Area And Allowable Density
10 -6C -4: Yard Areas
10 -6C -5: Lot Coverage
10 -6C -6: Maximum Building Height
10 -6C -1: USES PERMITTED: The following uses are permitted:
Any permitted use in the Estate District or the R -1 One - Family Residence
District. (Ord. 2000 -1, 1 -27 -2000)
10 -6C -2: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10 -14 -6 of this Title:
Any use permitted as a special use in the Estate District or the R -1 One -
Family Residence District, except - that planned developments may be
considered where the zoning lot proposed_ for development has a gross
area of not less than ten (10) acres.
Bed and breakfast inns. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -36,
10 -13 -1994; Ord. 2000 -1, 1 -27 -2000)
10 -6C -3: LOT AREA AND ALLOWABLE DENSITY:
A. Lots with private wells and /or private sewage treatment facilities:
November 2000
City of Yorkville
10 -6C -3 10 -6C -4
1. One acre with a width at the building line not less than one
hundred twenty five feet (125'). Density shall not exceed one
dwelling unit per each acre. (Ord. 1973 -56A, 3 -28 -1974; amd. 1994
Code; Ord. 2000 -1, 1 -27 -2000)
2. This subsection shall apply within the one and one -half (1 mile
planning limits of the City, only upon application and obtaining a
special use from the City Plan Commission and approved by the City
Council. The standards for approval of a special use permit shall be
only upon:
a. A showing by the petitioner that an undue hardship exists to
establish a connection to the City water and /or sewer mains.
b. That no sewer or water lines exist within two hundred fifty feet
(250') of the proposed development of petitioner.
c. That due to unique size, terrain or character of the petitioner's
development, it is necessary to allow individual private wells and
private sewage treatment facilities so as to facilitate the orderly
growth of a particular development.
d. That the City is unable to provide capacity in its water or
sewer mains; or the petitioner is unable to secure sufficient capacity
of the Yorkville - Bristol Sanitary District Plant for disposal of sewage.
(Ord. 1988 -2, 1 -28 -1988; amd. Ord. 2000 -1, 1 -27 -2000)
B. Lots served by both public sewerage and water facilities shall have
an area of not less than twelve thousand (12,000) square feet and a
width at the building line of not less than eighty feet (80'). Density
shall not exceed three and three - tenths (3.3) dwelling units per each
acre.
C. All nonresidential principal uses of buildings as permitted in this
Article shall be located on a tract of land having an area of not less
than two (2) acres, except Municipal projects and developments.
D. Lot size for special uses shall not be less than two (2) acres. (Ord.
1973 -56A, 3 -28 -1974; amd. 1994 Code; Ord. 2000 -1, 1 -27 -2000)
10 -6C -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:
November 2000
City of Yorkville
i'
10 -6C -4 10 -6C -6
A. Front Yard: A front yard of not less than thirty feet (30').
B. Side Yards: A side yard on each side of the zoning lot of not less
than ten feet (10'), or ten percent (10 %), whichever is greater,
except where a side yard adjoins a street, the minimum width shall
be increased to thirty feet (30').
C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord.
1973 -56A, 3 -28 -1974; amd. Ord. 2000 -1, 1 -27 -2000)
10 -6C -5: LOT COVERAGE: Not more than thirty percent (30 %) of the
area of a zoning lot may be covered by buildings or structures
including accessory buildings. (Ord. 2000 -1, 1 -27 -2000)
10 -6C -6: MAXIMUM BUILDING HEIGHT: Same regulations shall
apply as permitted or required in the R -1 One - Family
Residence District. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 2000 -1,
1 -27 -2000)
November 2000
City of Yorkville