Ordinance 2006-131 i
STATE OF ILLINOIS )
)SS F< F- - H 1 -11E_ �1 "' _� i �3
COUNTY OF KEND
ALL V1 I C K F_ L- !E4 CJ H
I;ENI)ALL COUNTY, iL
RECORDED: 10/16/2008 10:19 API
ORDI: 52.00 RHSPS FEE: 10.00
RAGES: 7
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THIS IS A COVER PAGE
FOR RECORDING
PURPOSES ONLY
Ordinance No. 2006 -131
An Ordinance Rezoning Certain Property
In Furtherance of an Annexation Agreement
(Matlock Subdivision)
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2006-
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
(Matlock Subdivision)
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WHEREAS, Dave and Carol Matlock are the legal owner of record of property
described on Exhibit "A" attached hereto and incorporated herein (the Property), and
WHEREAS Dave and Carol Matlock, 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 rezoning of the
property as R -2 — One Family Residence District.
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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 One - Family Residence 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 JOSEPH BESCO
VALERIE BURD PAUL JAMES l _
DEAN WOLFER MARTY MUNNS .�
ROSE SPEARS JASON LESLIE
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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 ;Z�A 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
EXHIBIT A
LEGAL DESCRIPTION:
THAT PART OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SILVER FOX SUBDIVISION; THENCE SOUTHERLY ALONG
THE EASTERLY LINE OF SILVER FOX SUBDIVISION EXTENDED SOUTH, 115.00
FEET TO A LINE 115.00 FEET SOUTHERLY OF (as measured normal to) AND
PARALLEL WITH THE SOUTHERLY LINE OF SAID SILVER FOX SUBDIVISION, FOR
THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID EASTERLY LINE
AND EASTERLY LINE EXTENDED, 508.10 FEET TO THE NORTHERLY LINE OF
GRANTOR'S PROPERTY AS DESCRIBED IN QUIT CLAIM DEED, RECORDED
JANUARY 20, 2004 AS DOCUMENT NUMBER 1479; THENCE EASTERLY ALONG
SAID NORTHERLY LINE 1641.42 FEET TO THE EASTERLY LINE OF SAID
GRANTOR'S PROPERTY; THENCE SOUTHERLY ALONG SAID EASTERLY LINE
521.28 FEET TO A LINE 115.00 FEET SOUTH OF, (as measured normal to)
AND PARALLEL WITH THE SOUTHERLY LINE OF SILVER FOX SUBDIVISION
EXTENDED EASTERLY; THENCE WESTERLY ALONG SAID PARALLEL LINE,
1641.36 FEET TO THE POINT OF BEGINNING, IN KENDALL TOWNSHIP, KENDALL
COUNTY, ILLINOIS.
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
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