Ordinance 2000-45 August 11, 2000
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
ORDINANCE NO. 2000-
AN ORDINANCE GRANTING REZONING FOR
INLAND LAND APPRECIATION FUND II,L.P.,
a Delaware Limited Partnership
FROM R-4 GENERAL RESIDENCE 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 INLAND LAND
APPRECIATION FUND II, L.P., a Delaware Limited Partnership, 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-4 General Residence 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-4 General Residence 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
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-4 General Residence District to B-3 Service Business District.
Coo DAVE DOCKSTADER
J1RICHARD 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
q��-day of `. , A.D. 20DO. /)
ry
MAYOR e�ol
2
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
�-'*day of , A.D. 20 .
Attest: h 1 pptdCC��� I�
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
3
Exhibit"A"
LEGAL DESCRIPTION
Parcel to be rezoned:
That part of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as
follows: Commencing at the intersection of the center line of U.S. Route 34 with the East line of Lot 1,
Aegean Isle Estates, Kendall County, Illinois, Unit 1; thence easterly along said center line 310.21 feet;
thence southerly at right angles to said center line 494.96 feet; thence southerly at right angles to said
center line 494.96 feet; thence southerly along a tangential curve to the left having a radius of 400.0 feet,
an arc distance of 167.42 feet for a point of beginning; thence southerly along said curve an arc distance
of 116.83 feet; thence South 56°27'50" West, 190.94 feet; thence southwesterly along a tangential curve
to the right having a radius of 350.0 feet, an arc distance of 256.21 feet; thence North 81'35'41" West,
140.19 feet; thence westerly along a tangential curve to the left having a radius of 500.0 feet, an arc
distance of 50.93 feet; thence northeasterly along a curve to the left having a radius of 400.0 feet and a
radial bearing of North 11°22'15" West at the last described point, an arc distance of 94.40 feet; thence
North 65'06'27" East 500.52 feet to the point of beginning in the United City of Yorkville, Kendall
County, Illinois and containing 1.465 acres.
Easterly Parcel to be excluded:
That part of Section 28, township 37 North, Range 7 East of the Third Principal Meridian described as
follows: commencing at the intersection of the center line of U.S. Route 34 with the East line of Lot 1,
Aegean Isle Estates, Kendall County, Illinois,Unit 1; thence easterly along said center line 310.21 feet;
thence southerly at right angles to said center line 494.96 feet for a point of beginning; thence southerly
along a tangential curve to the left having a radius of 400.0 feet, an arc distance of 167.43 feet; thence
North 65'06'27" East, 31.30 feet; thence northerly along a curve to the right having a radius of 400.0
feet which is radial to the last described course at the last described point, an arc distance of 223.91 feet
to a line drawn North 07'10'48" East from the point of beginning; thence South 070 10'48" West, 66.44
feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois and containing
0.072 acres.
Westerly Parcel to be excluded:
That part of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as
follows: Commencing at the intersection of the center line of U.S. Route 34 with the East line of Lot 1,
Aegean Isle Estates, Kendall County, Illinois,Unit 1; thence easterly along said center line 310.21 feet;
thence southerly at right angles to said center line 494.96 feet; thence southerly along a tangential curve
to the left having a radius of 400.0 feet, an arc distance of 284.25 feet; thence South 56°27'50" West,
190.94 feet; thence southwesterly along a tangential curve to the right having a radius of 350.0 feet, an
arc distance of 256.21 feet; thence North 81'35'45" West, 140.19 feet; thence westerly along a tangential
curve to the left having a radius of 500.0 feet, an arc distance of 50.93 feet for a point of beginning;
thence westerly along the last described curve 12.76 feet; thence North 88°53'35" West 119.42 feet;
thence westerly along a tangential curve to the right having a radius of 500.0 feet, an arc distance of
87.27 feet; thence South 78°53'33" East 64.09 feet; thence easterly along a tangential curve to the left
having a radius of 400.0 feet, an arc distance of 156.93 feet to the point of beginning in the United City
of Yorkville, Kendall County, Illinois and containing 0.027 acres.
10-7D--1 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
X
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.
4
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
10-7C-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