Ordinance 2006-083 21111300 X1 1547
Filed for Record in
KENDALL COUNTY? ILLINOIS
RE.NNETTA S NIC:KELSON
STATE OF ILLINOIS ) 07- 25 - -2008 At 01:2 am.
ss ORDINANCE 42. AD
COUNTY OF KENDALL ) RHSF' Surcharge 1.i1,i1Ci
ORDINANCE NO. 2006-
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
(Yorkwood Estates)
WHEREAS, JS & WD Development, LLC is the legal owner of record of property
described on Exhibit "A" attached hereto and incorporated herein (the Property), and
WHEREAS Wyndham Deerpoint Homes and JS & WD Development, developers 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 rezoning of the
property as R -2 Residential District.
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 U' JOSEPH BESCO l�
VALERIE BURD NL PAUL JAMES U�
DEAN WOLFER MARTY MUNNS U1
ROSE SPEARS Vl JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this � Day of , A.D. 2006.
MAYO
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this $ day of a, to , 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"
YORK WOOD ESTATES LEGAL DESCRIPTION:
THAT PART OF SECTIONS 7 AND 18, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 7; THENCE SOUTH 01 DEGREE 36 MINUTES 55
SECONDS EAST ALONG THE WEST LINE OF SAID SECTION 18, 317.63 FEET; THENCE
SOUTH 83 DEGREES 48 MINUTES 59 SECONDS EAST, 190.33 FEET; THENCE NORTH 86
DEGREES 23 MINUTES 17 SECONDS EAST, 112.47 FEET FOR THE POINT OF BEGINNING;
THENCE NORTH 01 DEGREES 46 MINUTES 59 SECONDS WEST, 1132.63 FEET TO THE
CENTERLINE OF STATE ROUTE 71 THENCE NORTHERLY ALONG SAID CENTERLINE SAID
{ LINE BEING A CURVE TO THE LEFT WITH A RADIUS OF 6611.12 FEET AND ARC LENGTH
OF 1995.36 FEET TO THE NORTHWESTERLY EXTENSION OF THE SOUTHWESTERLY LINE
OF LOT 34 IN TIMBER CREEK SUBDIVISION; THENCE SOUTH 64 DEGREES 28 MINUTES
33 SECONDS EAST ALONG SAID EXTENSION AND SAID SOUTHWESTERLY LINE, 960.44
FEET; THENCE SOUTH 03 DEGREES 08 MINUTES 20 SECONDS WEST 1566.33 FEET;
•
THENCE SOUTH 01 DEGREES 50 MINUTES 35 SECONDS EAST 442.19 FEET, THENCE
SOUTH 48 DEGREES 50 MINUTES 44 SECONDS EAST, 151.77 FEET; THENCE SOUTH 36
DEGREES 53 MINUTES 57 SECONDS WEST, 414.79 FEET; THENCE SOUTH 60 DEGREES
30 MINUTES 27 SECONDS EAST, 719.26 FEET; THENCE SOUTH 00 DEGREES 38 MINUTES
21 SECONDS EAST, 535.35 FEET; THENCE NORTH 57 DEGREES 46 MINUTES 35
SECONDS WEST, 470.34 FEET; THENCE SOUTH 25 DEGREES 22 MINUTES 49 SECONDS
WEST, 946.62 FEET; THENCE SOUTH 87 DEGREES 46 MINUTES 35 SECONDS WEST,
1124.92 FEET; THENCE NORTH 35 DEGREES 43 MINUTES 30 SECONDS WEST, 559.11
FEET; THENCE NORTH 17 DEGREES 16 MINUTES 04 SECONDS EAST, 1188.07 FEET;
THENCE NORTH 28 DEGREES 01 MINUTES 14 SECONDS EAST, 405.90 FEET; THENCE
SOUTH 89 DEGREES 58 MINUTES 38 SECONDS WEST, 731.11 FEET; THENCE NORTH 05
DEGREES 39 MINUTES 17 SECONDS EAST, 362.33 FEET; THENCE SOUTH 86 DEGREES
23 MINUTES 17 SECONDS WEST, 578.29 FEET TO THE POINT OF BEGINNING. EXCEPT
THAT PART OF ROUTE 71 PREVIOUSLY DEDICATED, IN THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
I
EXHIBIT "B"
10 -6C -1 10 -6C -3
CHAPTER 6
RESIDENTIAL DISTRICTS
ARTICLE C. R -2 ONE - FAMILY RESIDENCE DISTRICT
SECTION:
1 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 l
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 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