Ordinance 2002-02 M
February 11, 2002
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
ORDINANCE NO. 2002-
AN ORDINANCE GRANTING REZONING FOR
RICHARD FALTZ
FROM R-1 ONE FAMILY RESIDENTIAL DISTRICT
TO B-3 SERVICE BUSINESS DISTRICT
WHEREAS,the City Council,and the City Plan Commission of the United City of Yorkville
have held all necessary Public Hearings and considered the application of RICHARD FALTZ, as
Owner of the real property legally described in the attached Exhibit "A" for the purpose of
modifying and amending the zoning of said real property to provide a change in Zoning from R-1
One Family Residential District to B-3 Service Business District; and
WHEREAS,publication was duly made in the Kendall County Record giving notice to all
those interested parties as required under Illinois Compiled Statutes and Ordinances of the United
City of Yorkville of the proposed amendment to the Zoning Map of the United City of Yorkville,
modifying and amending the zoning of the real property legally described in the attached Exhibit
"A" from R-1 One Family Residential District to B-3 Service Business District.
WHEREAS, a positive recommendation has been made from the Plan Commission to the
City Council recommending approval of said amendment to the Zoning Map of the United City of
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Yorkville permitting said property to be zoned B-3 Service Business District.
WHEREAS, the Plan Commission has recommended certain conditions be attached to the
Ordinance granted pursuant to the Ordinances of the United City of Yorkville as follows:
1. That Owner and its successors, heirs, and assigns shall be permitted all uses on the
subject parcel contained in the United City of Yorkville Zoning Ordinance for B-3
Service Business District(a copy of which is attached hereto and incorporated herein
as Exhibit `B") including any amendment which may be added as to the list of
permitted uses by City Ordinance at any time in the future as to permitted uses.
NOW THEREFORE, UPON MOTION DULY MADE, SECONDED,AND APPROVED
by a majority of those members voting of the City Council of the United City of Yorkville do ordain
and approve an amendment to the Zoning Map of the United City of Yorkville changing the zoning
of the subject parcel from R-1 One Family Residential District to B-3 Service Business District.
PAUL JAMES ,
Q,S c_0
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
/ ay of x�', A.D. 20.E
i
MAYOR
-2-
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this
1�1v day of �� , A.D. 20�.
Attes+�-
CIT CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
-3-
Exhibit"A"
LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 19 AND PART OF THE NORTH '/2
OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER
OF THE SOUTHWEST 1/4 OF SAID SECTION 19; THENCE NORTH 0 DEGREES 18
MINUTES 30 SECONDS WEST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF
SAID SECTION 19, A DISTANCE OF 208.10 FEET TO A POINT THAT IS 50.00 FEET
SOUTHERLY OF, AS MEASURED PERPENDICULAR TO, THE CENTERLINE OF U.S.
ROUTE 34; THENCE SOUTH 85 DEGREES 05 MINUTES 42 SECONDS EAST, ALONG A
LINE THAT IS 50.00 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE
OF U.S. ROUTE 34, 631.36 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE
EASTERLY 575.00 FEET ALONG A 38,147.20 FOOT CURVE, BEING 50.00 FEET
SOUTHERLY OF AND CONCENTRIC WITH THE CENTERLINE OF U.S. ROUTE 34,
WHOSE CHORD BEARS SOUTH 84 DEGREES 39 MINUTES 47 SECONDS EAST 574.99
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EASTERLY 401.50 FEET
ALONG A 38,147.20 FOOT CURVE, BEING 50.00 FEET SOUTHERLY OF AND
CONCENTRIC WITH THE CENTERLINE OF U.S. ROUTE 34, WHOSE CHORD BEARS
SOUTH 83 DEGREES 55 MINUTES 47 SECONDS EAST 401.50 FEET; THENCE SOUTH
83 DEGREES 37 MINUTES 42 SECONDS EAST, ALONG A LINE THAT IS 50.00 FEET
SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF U.S. ROUTE 34, 55.64
FEET TO THE WESTERLY LINE OF OUTLOT 1 (ROB ROY CREEK) IN FOX HILL UNIT
ONE, AS RECORDED NOVEMBER 2, 1994 AS DOCUMENT NO. 94-10594, IN KENDALL
COUNTY, ILLINOIS; THENCE SOUTH 13 DEGREES 03 MINUTES 54 SECONDS WEST,
ALONG SAID WESTERLY LINE OF OUTLOT 1, 147.81 FEET TO A BEND POINT;
THENCE SOUTH 59 DEGREES 25 MINUTES 15 SECONDS WEST, ALONG THE
NORTHWESTERLY LINE OF SAID OUTLOT 1, 544.25 FEET; THENCE NORTH 05
DEGREES 46 MINUTES 07 SECONDS EAST 471.89 FEET TO THE POINT OF
BEGINNING; EXCEPTING THEREFROM THAT PART, IF ANY, TAKEN OR DEDICATED
FOR WIDENING OF SAID U.S. ROUTE 34; ALL IN BRISTOL TOWNSHIP, KENDALL
COUNTY, ILLINOIS.
10-7D1
10-7D-1
CHAPTER
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.
January 2000
city of Yorkville '� ��
10-7D-1 10-7D-1
Electrical equipment sales.
Feed and grain sales.
Frozen food locker.
Furniture repair and refinishing.
Golf driving range.
Greenhouse.
Kennel.
Mini-warehouse storage.
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.
January 2000
City of Yorkville
10-7D. 1 10-7D-4
Upholstery shop.
Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986;
Ord. 1988-7, 4-14-1988; Ord. 1.995-19, 8-10-1995; Ord. 1998-21,
6-25-1998)
10-7D-2: SPECIAL USES:
All special uses permitted in the B-2 District.
Amusement park.
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.
January 2000
City of Yorkville
10-7D-4 10-7D-7
2. The Zoning Board of Appeals may, upon application, grant a
variance to any petitioner seeking to vary the side yard requirements
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)
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)
January 2000
City of Yorkville