Ordinance 2006-089 _ I
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Filed for Record in
i KENDALL C:OUNTYP ILLINOIS
RENNETTA S NICKELSON
STATE OF ILLINOIS ) 07-25 -2008 At 01:26 pm.
ss ORDINANCE 43.00
COUNTY OF KENDALL
RHSF Surcharge 10.00
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ORDINANCE NO. 2006-
AN ORDINANCE REZONING CERTAIN PROPERTY
(Wal -mart)
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WHEREAS, Don and Carol Hamman are the legal owner of record of property
described on Exhibit "A" attached hereto and incorporated herein (the Property), and
WHEREAS Walmart, Inc (through its engineers, Atwell- Hicks) developer of the
Property has made application by petition for the rezoning of the Property, and
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WHEREAS, the Yorkville Plan Commission has recommended the rezoning of
the property as B -3 — Service Business District.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS UPON MOTION DULUY 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 as described in attached Exhibit
«B,�
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 J MARTY MUNNS
ROSE SPEARS JASON LESLIE
Ap b me as M of the United City of Yorkville Kendall Count
rr Y � Y n' � n' ,
Illinois, this ova Day of AACA 05"r , A.D. 2006.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this oU day of -AuF t)S T A.D. 2006.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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Exhibit A
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 °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 0 13'22" WEST
ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 80.00 FEET; THENCE
NORTH 34 °46'38" WEST, A DISTANCE OF 262.38 FEET; THENCE NORTH 79 1 46'38" WEST, A
DISTANCE OF 26.87 FEET; THENCE SOUTH 55 °13'22" WEST, A DISTANCE OF 185.08 FEET;
THENCE SOUTH 34 °46'38" EAST, A DISTANCE OF 28138 FEET TO THE AFORESAID
NORTHERLY RIGHT OF WAY LINE OF ROUTE NO. 34; THENCE SOUTH 55 °13'22" WEST
ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 707.79 FEET; THENCE
NORTH 82 0 24'13" WEST, A DISTANCE OF 77.16 FEET TO THE NORTHERLY LINE OF
COUNTRYSIDE PARKWAY; THENCE NORTH 34 °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 °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 1 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
EXHIBIT " B "
10-7D-1 10-7D-1
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE D. B -3 SERVICE BUSINESS DISTRICT
SECTION:
10 -7D -1: Permitted Uses
10 -7D -2: Special Uses
10 -7D -3: Lot Area
10 -7D -4: Yard Areas
10 -7D -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 -7D -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.
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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
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10 -7D -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.
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)
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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