Ordinance 2006-085 200600028288
Filed For Record in
STATE OF ILLINOIS KENDALL COUNTY► ILLINOIS
PAUL ANDERSON
) ss 09 -06 -2006 At 02:52 an.
COUNTY OF KENDALL ) ORDINANCE 55.00
RHSF Surcharge 10.00
ORDINANCE No. 2006
ORDINANCE APPROVING VARIANCES FOR REDUCTION OF DRIVEWAY
WIDTH, PARKING STALL LENGTH, INCREASE OF BUILDING HEIGHT,
NUMBER AND LOCATION OF WALL SIGNS, AND SIZE AND LOCATION OF
FREESTANDING SIGNS
FOR
COMMERCIAL PROPERTY AT NORTHWEST CORNER OF
COUNTRYSIDE PARKWAY AND U.S. ROUTE 34
(WALMART DEVELOPMENT)
WHEREAS, Atwell -Hicks ( "Petitioner ") filed ZBA Petition 2006 -41 on behalf of
landowners Don and Carol Hamman and in furtherance of the acquisition and
development of the property by Wal -Mart, Inc. requesting variances reducing driveway
width, reducing parking stall length, increasing building height, adjusting location and
number of wall signs, and adjusting number size and location of freestanding signs which
is more specifically described in the Petition and its attachments; and
WHEREAS, the Petitioners indicate that they plan to substantially improve the real
property to enhance the value of the property in an aesthetically pleasing manner; and
WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a
public hearing on August 8, 2006 with regard to said Petition, and
WHEREAS, the Zoning Board of Appeals solicited and accepted public comment
on the issues before it and made specific findings of fact related to the granting of the
variances sought, and
WHEREAS, the Zoning Board of Appeals recommended the approval of the certain
requested variances for driveways , parking stalls, increase in building height, and the
number and location of wall signs, (concerning Sections 10- 11 -3E, 10 -11 -3C and 10 -7D-
6, respectively) all as set forth more specifically in the staff report dated August 17, 2006
attached hereto and incorporated herein, and
WHEREAS, the Zoning Board of Appeals approved a fagade sign as presented, but
disapproved of variances for height and number of freestanding signs (Sections 8 -11 -0
and 8- 11 -4C2, respectively) all as set forth more specifically in the staff report dated
August 17, 2006 attached hereto and incorporated herein, and furthermore recommended
an allowance for 2 "tire lube express" ( "TLE ") signs based upon certain criteria
recommended by ZBA, and
WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE
have reviewed the findings of fact made by the Zoning Board of Appeals, considered the
public comment presented at the public hearing, considered Petitioners comments at the
August 15, 2006 Committee of the Whole meeting, and have determined that the
requested variances are appropriate, with the exception of the TLE signs, under the
circumstances presented by the Petitioners;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made,
seconded and approved by a majority of those so voting, the following Variances are
hereby granted from the United City of Yorkville Code, Title 10 -- Zoning for the real
property, and Title 8 — Building Regulations, Chapter 11 Signs as more fully described in
the petition:
a. a variance from Section 10 -7D -6 of the Zoning Ordinance to allow a building
height of 30 feet eight inches with parapets extending to a height of 41 feet eight
g g p p g g g
inches, instead of the maximum allowable height of 35 feet;
b. a variance from Section 10 -11 -3E of the Zoning Ordinance to allow five entrances
with 36 foot curb cuts to allow easier access for trucks and customer vehicles,
instead of the maximum allowable width of 25 feet; and
C. a variance from Section 10 -11 -3 C of the Zoning Ordinance to allow parking space
dimensions of 9.5 feet by 18 feet, instead of the required dimensions of 19 feet by
9 feet for 60 spaces and 8.5 feet by 18.5 feet for 90° spaces.
d. a variance from 8 -11 -C3a to allow facade signage in accordance with the
depictions prepared by the petitioner's architect and submitted to the City at the
ZBA hearing, a copy of which is attached hereto;
e. a conditional variance from Section 8- 11 -4C2, specifically to allow two perimeter
signs at the locations indicated on the submittals provided that the
g p Y are
constructed of brick facade with columns to match the columns on the main
building, with a height not to exceed 8 feet, (measured from top of curb), and total
sign area not to exceed 100 square feet;
f. a conditional variance from Section 8 -11 -4C2 specifically to allow two interior
signs to signs at the locations indicated on the submittals provided that they are
constructed of brick facade with columns to match the columns on the main
building, with a height not to exceed 8 feet, (measured from top of curb), and total
sign area not to exceed 100 square feet;
g. a conditional variance from Section 8 -11 -C3a to allow facade signage increases in
number (from 4 maximum) to 19 along the south facade, 5 along the east facade
and 8 along the west facade, all as depicted on the elevation attached hereto and
incorporated herein.
IN WITNESS WHEREOF, this Ordinance has been enacted thi day of
2006 by the City Council of the United City of Yorkville.
JAMES BOCK JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS v.
ROSE SPEARS JASON LESLIE
V
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of , A.D. 2006.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2006.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
LEGAL DESCRIPTION
THE PART OF SECTIONS 27 AND 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS:
COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL
LOCATION OF A STONE IN THE CENTER LINE OF THE ORIGINAL BRISTOL AND OSWEGO
ROAD PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND THENCE NORTH 35 0 30'
WEST, 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE
NORTHERLY ALONG A LINE FORMING AN ANGLE OF 93 0 23'07" WITH THE CENTER LINE OF
U.S.ROUTE NO.34(MEASURED FROM THE NORTHEAST TO NORTHWEST) 60.10 FEET TO THE
NORTHERLY RIGHT OF WAY LINE OF ROUTE 34 PER DOC NO'S 200200008969; THENCE
SOUTH 55 0 13'22" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF
2399.57 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 55 °13'22" WEST
ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 80.00 FEET; THENCE
NORTH 34 0 46'38" WEST, A DISTANCE OF 262.38 FEET; THENCE NORTH 79 0 46'38" WEST, A
DISTANCE OF 26.87 FEET; THENCE SOUTH 55 0 13'22" WEST, A DISTANCE OF 185.08 FEET;
THENCE SOUTH 34 °46'38" EAST, A DISTANCE OF 281.38 FEET TO THE AFORESAID
NORTHERLY RIGHT OF WAY LINE OF ROUTE NO. 34; THENCE SOUTH 55 0 13'22" WEST
ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 707.79 FEET; THENCE
NORTH 82 °24'13" WEST, A DISTANCE OF 77.16 FEET TO THE NORTHERLY LINE OF
COUNTRYSIDE PARKWAY; THENCE NORTH 34 0 47'02" WEST ALONG THE NORTHERLY
RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY, A DISTANCE OF 54.44 FEET TO A POINT
OF CURVATURE; THENCE NORTHERLY ALONG SAID NORTHERLY RIGHT -OF -WAY LINE
BEING A CURVE TO THE LEFT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING
A RADIUS OF 1500.00 FEET, AN ARC DISTANCE OF 1087.00 FEET; THENCE NORTH 33 0 32'06"
WEST, A DISTANCE OF 36.38 FEET; THENCE NORTH 09 °05'57" EAST, A DISTANCE OF 44.24
FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE
RIGHT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 360.00
FEET, AN ARC DISTANCE OF'289.80 FEET; THENCE NORTH 55 °13'22" EAST, A DISTANCE OF
1135.43 FEET; THENCE SOUTH 34 °46'38" EAST, A DISTANCE OF 1280.00 FEET TO SAID THE
NORTHERLY RIGHT OF WAY LINE OF SAID ROUTE 34 AND THE PLACE OF BEGINNING.
CONTAINING 33.43 ACRES OF LAND. MORE OR LESS
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-J� COLOR INDIVIDUAL TOTAL AREA
AREA
jFRONT SIGNAGE
* WAL"MART 1 WHIM 323 '00 1 SF j 323.001 SF I (z T 21".
* SUPrRCENTrR
I I YELLOW
6 Always 2 w ' H E' 145.d sr 291,2e1 st 1 — -----
1 30^ WHITE 5042 1 r Food Center I SF 1 60.421 Sr I
W* Low Prices I
SF
44.38 ".3$1 $F I 1 BLU 59 rl�j SF 69� IF
3W Garden Center
30" We Sell For Less WH . i 68.23 S,
ITE 6R SF
TEr' Bakery I WHITE 10.215 SF • 1 10.25 S,
IS Dell I WHITE 5.36 SF 5.30
'V 1=!1 H lj h�
I lu" Meat 6,S4 SF 6,84
1 1W Produce I WHITE 11.86 SF 11.4 SP I
1 18•' Photo I - WHITR 16.50 SF 1 1 16. C61 SF
"I" Pharmacy I
I WHITE 14.56 SF 14.661 SP 1 -.6--
. 10- 71 6
-
18-optic. WHITE 102 SF _ I , a rrn cn- E r S TF I P
" Tire & Lube
4 BL UE i . 3 i 75.83
24 " Express
• TOTAL FRONT SIGNAGE ? m.661 sr
JDRIVE-THRU PHARMACY SIGNAGE
3W WAL.44ART I I WHITE R:L� SF 92.20 SP
olm-1c, D, v:-T'I�rl.l I
III" Ph Mr. SF
'8 Pit
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I 1z Exit I , WHITE 2.T21 SF 242 SF
112" Enter I I WHITE 3.261 SF 3.26 SF
ITOTAL DRIVE-THRU PHARMACY SIGN AGE 129.75 SF
i AUTO CENTER SIGNAGE
15" WAL*MART I BLUE 1 108.481 SF 103.46 � SF
21' Tire & Labe
30r Express
Tiles 2 WHITE 1 3 SF 6.: SF
i ll 1. E xpress I WHITE 8.961 SF 8, Sr
(TOTAL AUTO CENTER SIGNAGE 3 123.961 SP
Yorkville, Illinois Store # 446
STGTAL BUILDING SIGNAGE 1242.371 SF
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