Ordinance 2006-077 i
2110300 117`41
Filed for Record in
KENDALL C:OUNM ILLINOIS
6'ENNETTA S NIC:K.ELSON
STATE OF ILLINOIS ) 1 37 -25 -20108 At 01.26 nm.
ss ORDINANCE 42,00
RHSF Surcharse 10.011
COUNTY OF KENDALL
ORDINANCE NO. 2006- - 7
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
(Aspen Ridge)
WHEREAS, Aspen Ridge Estates, LLC is the legal owner of record of property
described on Exhibit "A" attached hereto and incorporated herein (the Property), and
WHEREAS Aspen Ridge Estates, 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"
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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 full force and effect from and after its passage and
approval as provided by law.
JAMES BOCK lJs JOSEPH BESCO l�
VALERIE BURD Yk PAUL JAMES l�1
DEAN WOLFER IJ� MARTY MUNNS LA
J
ROSE SPEARS Yk JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Si`µ` Day of , A.D. 2006.
MAY
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this ' day of —aura* , 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 A
PART OF THE EAST HALF OF SECTION 1, TOWNSHIP 36 NORTH, RANGE 6
EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE WEST HALF
OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF " PAVILLION HEIGHTS, UNIT FOUR, KENDALL
COUNTY, ILLINOIS ", BEING A SUBDIVISION OF PART OF THE SOUTHWEST
QUARTER OF SECTION 6 AND PART OF THE NORTHWEST QUARTER OF
SECTION 7, TO' NSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14TH,
1987, AS INSTRUMENT NO. 872853;THENCE SOUTH 80 DEGREES 29 MINUTES
42 SECONDS WEST (BEARINGS BASED ON GEODETIC NORTH - GPS
OBSERVATIONS) ALONG THE NORTH LINE EXTENDED OF SAID " PAVILLION
HEIGHTS UNIT FOUR' ALSO BEING THE NORTH LINE OF A PARCEL
DESCRIBED BY DOCUMENT #94- 01410, A DISTANCE OF 576.28 FEET; THENCE
SOUTH 80 DEGREES 32 MINUTES 33 SECONDS WEST AL ONG THE NORTH
LINE OF A PARCEL DESCRIBED BY DOCUMENT 498- 08584, A DISTANCE OF
1345.72 FEET TO A STONE MONUMENT; THENCE NORTH 08 DEGREES 08
MINUTES 10 SECONDS WEST ALONG THE WEST LINE OF THE PROPERTY
DESCRIBED BY DOCUMENT #20020004259, A DISTANCE OF 1822.96 FEET TO
A POINT ALONG THE SOUTH RIGHT OF WAY LINE OF FOX ROAD; THENCE
NORTHEASTERLY ALONG SAID SOUTH LINE OF FOX ROAD, A DISTANCE OF
463.93 ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 36720 FEET,
THE CHORD OF SAID CURVE BEARS NORTH 64 DEGREES 36 MINUTES 24
SECONDS, 463.94 FEET; THENCE NORTH 64 DEGREES 16 MINUTES 01
SECONDS EAST ALONG SAID SOUTH LINE OF FOX ROAD, A DISTANCE OF
796.97 FEET; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE OF FOX
ROAD, A DISTANCE OF 305.79 FEET ALONG A CURVE TO THE LEFT WITH A
RADIUS OF 36045 FEET, THE CHORD OF SAID CURVE BEARS NORTH 63
DEGREES 59 MINUTES 31 SECONDS EAST, 305.79 FEET; THENCE NORTH 63
DEGREES 45 MINUTES 58 SECONDS EAST ALONG SAID SOUTH LINE OF FOX
ROAD, A DISTANCE OF 709.33 FEET; THENCE SOUTH 63 DEGREES 28
MINUTES 11 SECONDS EAST ALONG SAID SOUTH LINE OF FOX ROAD PER
QUIT CLAIM DEED RECORDED AUGUST 22, 2002 AS DOCUMENT 20020019272,
A DISTANCE OF 69.83 FEET, TO A POINT ALONG THE WEST RIGHT OF WAY
LINE OF PAVILLION ROAD, THENCE NORTH 05 DEGREES 01 MINUTES 01
SECONDS WEST ALONG SAID WEST RIGHT OF WAY LINE OF PAVILLION
ROAD PER QUIT CLAIM DEED RECORDED AUGUST 22, 2002 AS DOCUMENT
20020019272, A DISTANCE OF 59.64 FEET; THENCE NORTH 63 DEGREES 45
MINUTES 58 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE OF
FOX ROAD, A DISTANCE OF 26.82 FEET TO A POINT ALONG THE
CENTERLINE OF PAVILLION ROAD; THENCE SOUTH 05 DEGREES 01
MINUTES 01 SECONDS EAST ALONG SAID CENTERLINE OF PAVILLION
ROAD, A DISTANCE OF 202.91 FEET; THENCE SOUTH 22 DEGREES 16
MINUTES 52 SECONDS EAST ALONG SAID CENTERLINE OF PAVILLION
ROAD, A DISTANCE OF 2346.22 FEET; THENCE SOUTH 80 DEGREES 29
MINUTES 42 SECONDS WEST ALONG THE NORTH LINE OF SAID " PAVILLION
HEIGHTS UNIT FOUR', A DISTANCE OF 895.26 FEET TO THE POINT OF
BEGINNING, IN FOX AND KENDALL TOWNSHIPS, KENDALL COUNTY,
ILLINOIS CONTAINING 125.83 ACRES MORE OR LESS.
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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 1 /2) 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
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