Ordinance 2000-50 000001.3340
Filed for Record in
'fi_N0.,11.L COUNFY, ILLINOIS
PAUL ANUS RUN
August 16, 2000 On 10 -0,?-2000 At 03:24 pm.
ORDINF NU 18.00
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2000- 50
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
CAROLYN HERREN
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Annexation Agreement pertaining to the annexation and development
of the real estate described on Exhibit"A" attached hereto and made a part hereof entered into by
the UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered by the
City Council; and
WHEREAS,the legal owner of record of the territory which is the subject of said Agreement
is ready,willing and able to enter into said Agreement and to perform the obligations as required
hereunder; and
WHEREAS,the statutory procedures provided in 65 ILCS 5/11-15.1-1,as amended,for the
execution of said Annexation Agreement has been fully complied with; and
WHEREAS, the real property is contiguous to the City.
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. AS FOLLOWS:
Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute.
on behalf of the City,an Annexation Agreement concerning the annexation and development of the
real estate described therein, a copy of which Annexation Agreement is attached hereto and made
a part hereof.
Section 2: That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
Arm DAVE DOCKSTADER
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
�day of , A.D. 20-U.
G
MAYOR
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PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
&ay of , A.D. 200.
Attest: N K� J-yn'
tidrio
CITY CLERK
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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,t
Exhibit"A"
LEGAL DESCRIPTION
That part of the Southwest Quarter of the Southwest Quarter of Section 9, Township 37 North,
Range 7 East of the Third Principal Meridian described as follows: Beginning at the Southeast
Corner of the Southwest Quarter of the Southwest Quarter of said Section 9; thence North
01'07'08" West, along the East Line of said Southwest Quarter of the Southwest Quarter,
1325.59 to the Northeast Corner thereof; thence South 87°58'45" West, along the North Line of
said Southwest Quarter of the Southwest Quarter, 1275.98 feet to the East Line of Illinois Route
No. 47; thence South 01°06'31" East, along said East Line, 876.43 feet; thence Southerly, along
said East Line and said East Line extended,being a tangential curve the the left with a radius of
9397.49 feet, an arc distance of 449.06 feet to the South Line of said Southwest Quarter of the
Southwest Quarter; thence North 87°59'01" East, along said South Line, 1265.49 to the point of
beginning in Bristol Township, Kendall County, Illinois and containing 38.790 acres.
Exhibit "A"
LEGAL DESCRIPTION
That part of the Fractional Southwest Quarter of Section 7, Township 37 North, Range 7 East of
the Third Principal Meridian described as follows: Commencing at the Southwest Corner of said
Southwest Quarter; thence East, along the South Line of said Southwest Quarter, 3118.50 feet to
the Southeast Corner of said Southwest Quarter; thence North, along the East Line of said
Southwest Quarter, 1702.80 feet; thence West, parallel with said South Line, 3119.82 feet to the
West Line of said Southwest Quarter; thence South, along said West Line, 1702.80 feet to the
point of beginning (except the East 1790.70 feet thereof) in Bristol Township, Kendall County,
Illinois and containing 51.9 acres,more or less.
;'.",;j00001.3341
!u for Record in
ALL UJUN f Y, ILLINOIS
RHLJL ANDS RMV
'In 10 -02-;2000 At 03:24 pm.
ORDINANCE 3E.00
August 21, 2000
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
of
CAROLYN HERREN
THIS AGREEMENT is made and entered into this�Pdayof-72 ,
2000 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), and
CAROLYN HERREN, of Bristol Township, Kendall County, Illinois (hereinafter referred to as
"OWNER"); (Tax Parcel I.D. 02-09-300-001).
WITNESSETH
WHEREAS, OWNER is the owner of land which lies North and East of and contiguous
to the existing corporate limits of the CITY, and which said real property is more particularly
described in the attached Exhibit"A", which is incorporated herein by reference and; which is
not located within the corporate boundaries of any other municipality; and
WHEREAS, OWNER desire to annex the said real property described into the CITY, its
Plan Commission has considered the Petition to Annex, and the City Council has heretofore both
requested and approved the proposed land use and the zoning of the same at the request of
OWNER and the CITY; and
r
t
WHEREAS, OWNER has presented, and the CITY has considered, the tract, of real
property herein described in the attached Exhibit"A" in order to make said real property a
desirable addition to the CITY; and
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the land heretofore described will be annexed to the CITY in an orderly manner, and
WHEREAS, OWNER and its representatives have discussed the proposed annexation
and have had public meetings with the Plan Commission and the City Council, and prior to the
execution hereof, notice was duly published and a public hearing was held to consider this
Agreement, as required by the statutes of the State of Illinois in such case made and provided.
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11-15.1-1 through 51.1-5, inclusive, relating to Annexation Agreements, the parties
hereto wish to enter into a binding agreement with respect to the future annexation and zoning of
the subject Property and to provide for various other matters related directly or indirectly to the
annexation of the Property in the future, as authorized by, the provisions of said statutes; and
WHEREAS,pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have and such public hearing and have taken all
further action required by the provisions of 65 ILCS 5/11-15.1.3 and the ordinances of the CITY
relating to the procedure for the authorization, approval and execution of this Annexation
agreement by the CITY.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111-15
through 65 ILCS 5/11-15.1-5, as amended, as follows:
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1. A. ANNEXATION AND ZONING. The CITY shall adopt an ordinance
annexing to the CITY all of the real property described herein in the attached Exhibit"A";
depicted in the attached Exhibit`B"Annexation Plat, attached hereto and incorporated herein by
reference; and the CITY in said ordinance shall zone the real property designated in the attached
Exhibit"A" subject to the further terms of this Agreement as B-3 Service Business District
Zoning Ordinance.
Said zoning shall allow the uses, size, density, area, coverage, and
maximum building heights as set forth on Exhibit"C" for B-3 Service Business District and as
time to time modified by the CITY. Said real property shall be used and developed in
accordance with 65 ILCS 5/11-15.1 through 65/ILCS 5/11-15.1-5, and in accordance with the
City Subdivision Control and Zoning Ordinances.
B. That in addition to the uses permitted above in the B-3 Service Business
District, the westerly 800 feet of the subject property adjacent to Route 47 as described in Exhibit
"D" shall be permitted to be used for all zoning uses listed in the CITY B-3 Service Business
District Zoning Ordinance, and any uses as time to time approved in that class by the CITY.
C. The OWNER, and successors, heirs, and assigns hereby agree that prior to
issuance of a building permit on the subject parcel, a site development plan shall be submitted
and approved by the City Council of the United City of Yorkville; or that said real property shall
be subdivided according to CITY Ordinances if multiple lots are sought.
D. In the event that the subject real property is not developed for business
purposes, OWNER may petition the CITY without further public hearing to use the real property
described in the attached Exhibit`B" shall be zoned as R-2 One-Family Residential District and
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shall be subject to all permitted uses of the R-2 One-Family Residential District which are listed
in the attached Exhibit"F".
2. CITY'S AGREEMENTS.
A. The CITY agrees that due to the nature of the non-residential use and
zoning classification of the parcel described in Exhibit"A" and Exhibit"D", OWNER has no
obligation to pay School Transition Fees or Land-Cash Fees so long as the subject parcel
described in Exhibit"A" and Exhibit"D"is used for a purpose provided under the CITY B-3
Service Business District.
B. In the event, at a later date OWNER or a future developer seeks to modify
the existing zoning of the parcel described in Exhibit"E"to a R-2 Single Family Residential
Class Zoning,within the parcel described in Exhibit"E", OWNER agrees that School Transition
fees to the Yorkville School District shall be paid per residential dwelling unit in said
subdivision as required by City Ordinance at the time of a residential zoning class being granted
upon the issuance of a building permit for each residential dwelling unit; and Development fees
per residential dwelling unit to the CITY, and other fees to the CITY in conformance with the
City Ordinances or as modified by the CITY. Said School Transition fees, development fees,
and other fees shall be paid per residential dwelling unit concurrent with and prior to the issuance
of each respective subject residential dwelling unit building permit. Said fees are being paid
voluntarily and with the consent of OWNER and Developer based upon this contractual
agreement voluntarily entered into between the parties after negotiation of this Agreement.
OWNER and Developer knowingly waives any claim or objection as to amount of the specific
fees negotiated herein voluntarily. No School Transition fees, or School-Park Land Cash Fees
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shall be charged on any real property zoned and used for business, office, or manufacturing
purposes under the terms of this Agreement.
C. OWNER shall be allowed one free Sanitary Sewer Tap to the CITY
Sanitary Sewer Mains (up to 6" when available); and one free Water Main Tap to the CITY
Water mains (up to 2" when available), and a meter therefore as to the real property described in
the attached Exhibit"A". Nothing contained herein shall waive any Recorded Recapture
Agreement payments which may be required to be paid upon hooking up to CITY Water and
Sanitary Sewer Main and which appear of Record if any are applicable as to the subject property
being within any Recapture Service Area; or any fees charged by other governmental agencies.
D. CITY agrees to rebate to the OWNER within 30 days of the presentation
of the paid Real Estate Tax Bill to the City Treasurer,the CITY's portion for the CITY and
Library Real Estate Taxes as to the subject parcel. This will take place and be paid by the CITY
until the property is developed,by reason of a building permit being issued, upon a Final Plat of
Subdivision being recorded for any portion of the subject real property, whichever occurs first.
E. OWNER shall not be required by CITY to hook-on to the CITY Water or
Sanitary Sewer System at the time of entering into this Annexation Agreement,but may do so
upon their desire to obtain those services,when available to the subject property.
F. In the event CITY water and sewer are unavailable at the time OWNER
desire to develop the subject property, the CITY will give consideration to a request for a
variance from its subdivision Control Ordinance for use of temporary private well and septic
systems. In determining the applicability of such a variance for the subject parcel, the CITY
shall consider soil types, density, intended use of the development, and proximity of the subject
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parcel for extension of sanitary sewer and water mains, as well as capacity of those municipal
and sanitary district systems. In the event the CITY grants development without sewer and
water, the OWNER agrees to hook on when it becomes available within 250 feet of the subject
property.
G. The CITY agrees that if the subject property is developed for Business,
Manufacturing or Office Zoning classifications and the developer front funds the extension of
offsite water and/or sanitary sewer extensions, developer will receive a rebate of water and sewer
connection fees as well as recovery of the cost of said off-site sanitary sewer and water
extensions; which shall be recovered as a credit of up to 50 percent of the sales tax generated on
the subject property on an annual unit basis until the cost of off-site extensions are recovered in
full. On-site extension costs are at OWNER or Developer's expense.
H. Upon annexation, the OWNER will receive police protection, 911 service
and library service as provided by CITY.
I. The CITY will not require the OWNER to annex to Yorkville Bristol
Sanitary District or other applicable sanitary district, until platting or application for a building
permit seeking to hook up to the CITY sewer system is sought by OWNER. Property owner
agrees to cooperate with other entities to formulate a separate agreement to allow for contiguity
of other properties to a Sanitary District if requested.
J. OWNER shall be permitted to continue her existing agricultural uses on
the subject real property as a legal non-conforming use until the subject real property is
developed.
K. CITY agrees that in consideration of OWNER voluntarily entering into
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this Annexation Agreement, the CITY at its expense shall pay all of its Consultants, all
publication, application, and recording fees for the Annexation and Zoning of the subject
property, and shall at CITY expense,prepare an Annexation Plat thereof and all necessary
Ordinances. No charge for the aforesaid items shall be paid by OWNER.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
specifically understood and agreed that OWNER and its successors and assigns shall have the
right to sell, transfer, mortgage and assign all or any part of the subject property and the
improvements thereon to other persons, trusts, partnerships, firms, or corporations, for
investment,building, financing, developing and all such purposes, and that said persons, trusts,
partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall
have the same obligations as OWNER under this Agreement and upon such transfer, the
obligations pertaining to the property transferred or sold shall be the sole obligations of the
transferee, except for any performance bonds or guaranties posted by OWNER on any
subdivided or unimproved property for which an acceptable substitute performance bond or letter
of credit has not been submitted to the CITY.
4. TIME OF THE ESSENCE, It is understood and agreed by the parties hereto that
time is of the essence of this Agreement and that all of the parties will make every reasonable
effort, including the calling of special meetings, to expedite the subject matter hereof. It is further
understood and agreed by the parties that the successful consummation of this Agreement
requires their continued cooperation.
5. COVENANTS AND AGREEMENTS. The covenants and agreements contained
in this Agreement shall be deemed to be covenants running with the land during the term of this
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Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of
the parties hereto, including the CITY, its corporate authorities and their successors in office, and
is enforceable by order of the court pursuant to its provisions and the applicable statutes of the
State of Illinois.
6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their successors and owners of record of
land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal
authorities of said CITY, so long as development is commenced within a period of twenty years
from the date of execution of this Agreement by the CITY.
7. NOTICE. Any notices required hereunder shall be in writing and shall be served
upon any other party in writing and shall be delivered personally or sent by registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to the City: City Clerk
800 Game Farm Road
Yorkville, IL 60560
With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge Street
Yorkville, IL 60560
To Owner: Carolyn Herren
2950 Cannonball Tr.
Bristol, IL 60512
or to such other addresses as any party may from time to time designate in a
written notice to the other parties.
8. ENFORCEABILITY. This Agreement shall be enforceable in any court of
competent jurisdiction by Any of the parties hereto by an appropriate action of law or in equity to
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secure the performance of the covenants herein contained.
In the event any portion of said agreement becomes unenforceable due to any
change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in full
force and effect.
9. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances
which are required to give legal effect to the matters contained in this Agreement or to correct
any technical defects which may arise after the execution of this Agreement.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
pay of 2000.
UNITED CITY OF YORKVILLE
Kendall County, Illinois
By:
Arthur F. Prochaska, Jr., Mayor
Attest:
City Clerk
OWNER:
2 Lt
CAROLYN H
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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EXHIBIT LIST
Exhibit A - Legal description for entire parcel being annexed
Exhibit B - Annexation Plat
Exhibit C - B-3 Service Business District Zoning Ordinance and uses
Exhibit D - B-3 zoned area legal description
Exhibit E - R-2 zoned area legal description
Exhibit F - R-2 Single Family Residential District Zoning Ordinance and uses
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Exhibit"A"
LEGAL DESCRIPTION
That part of the Southwest Quarter of the Southwest Quarter of Section 9, Township 37 North,
Range 7 East of the Third Principal Meridian described as follows: Beginning at the Southeast
Corner of the Southwest Quarter of the Southwest Quarter of said Section 9; thence North
01'07'08" West, along the East Line of said Southwest Quarter of the Southwest Quarter,
1325.59 to the Northeast Corner thereof; thence South 87°58'45" West, along the North Line of
said Southwest Quarter of the Southwest Quarter, 1275.98 feet to the East Line of Illinois Route
No. 47; thence South 01'06'31" East, along said East Line, 876.43 feet; thence Southerly, along
said East Line and said East Line extended,being a tangential curve the the left with a radius of
9397.49 feet, an arc distance of 449.06 feet to the South Line of said Southwest Quarter of the
Southwest Quarter; thence North 87°59'01" East, along said South Line, 1265.49 to the point of
beginning in Bristol Township, Kendall County, Illinois and containing 38.790 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
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
10-7C-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
Exhibit"D"
LEGAL DESCRIPTION
B-3 Zoned Area
That part of the Southwest Quarter of the Southwest Quarter of Section 9, Township 37 North,
Range 7 East of the Third Principal Meridian described as follows: Commencing at the
Northeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 9; thence
South 87°58'45" West, along the North Line of said Southwest Quarter of the Southwest Quarter,
475.88 feet to a line which is 850.0 feet easterly of and parallel with the centerline of Illinois
Route No. 47 for the point of beginning; thence South 87°58'45" West, along said North Line,
800.10 feet to the East Line of Illinois Route No. 47; thence South 01°06'31" East, along said
East Line, 876.43 feet; thence Southerly, along said East Line, being a tangential curve to the left
with a radius of 9397.49 feet, an arc distance of 338.72 feet; thence South 38°51'17" East, along
said East Line, 106.99 feet; thence South 03°51'38" East, along said East Line, 24.69 feet to the
South Line of said Southwest Quarter of the Southwest Quarter; thence North 87'59'01" East,
along said South Line, 738.38 feet to said line which is 850.0 feet easterly of and concentric with
the centerline of said Illinois Route No. 47' thence Northerly, along said concentric line being a
nontangential curve to the right with a radius of 8597.49 feet, an arc distance of 436.40 feet;
thence North 01°06'31" West,parallel with and 850.0 feet easterly of said centerline, 889.17 feet
to the point of beginning in the City of Yorkville, Kendall County, Illinois and containing 24.249
acres.
Exhibit"E"
LEGAL DESCRIPTION
R-2 Zoned Area
That part of the Southwest Quarter of the Southwest Quarter of Section 9, Township 37 North,
Range 7 East of the Third Principal Meridian described as follows: Beginning at the Southeast
Corner of the Southwest Quarter of the Southwest Quarter of said Section 9; thence North
01'07'08" West, along the East Line of said Southwest Quarter of the Southwest Quarter,
1325.59 to the Northeast Corner thereof; thence South 87°58'45" West, along the North Line of
said Southwest Quarter of the Southwest Quarter, 475.88 feet to a line which is 850.0 feet
easterly of and parallel with the centerline of Illinois Route No. 47' thence South 01'06'31" East,
along said parallel line, 889.17 feet; thence Southerly, along a line which is 850.0 feet easterly of
and concentric with said centerline,being a tangential curve to the left with a radius of 8597.49
feet, an arc distance of 436.40 feet to the South Line of said Southwest Quarter of the Southwest
Quarter; thence North 87'59'0 1" East, along said South Line, 465.05 feet to the point of
beginning in the City of Yorkville, Kendall County, Illinois and containing 14.446 acres.
10-613• 1 10-6B-3
CHAPTER 6
RESIDENTIAL DISTRICTS
ARTICLE B. R-2 ONE-FAMILY RESIDENCE DISTRICT
SECTION:
10-613-1 : Uses Permitted
10-613-2: Special Uses
10-613-3: Lot Area And Allowable Density
10-66-4: Yard Areas
10-6B-5: Lot Coverage
10-66-6: Maximum Building Height
10-613-1: USES PERMITTED: The following uses are permitted:
Any permitted use in the R-1 One-Family Residence District. (Ord.
1973-56A, 3-28-1974)
10-66-2: 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 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)
10-613-3: LOT AREA AND ALLOWABLE DENSITY:
A. Lots with private wells and/or private sewage treatment facilities:
January 2000
City of Yorkuille
r��l
10-613-3 10-6B-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)
2. This subsection shall apply within the one and one-half (11/2) 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)
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)
10-6B-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:
January 2000
City of Yorkville
10-613.4 10-6B-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)
10-66-5: LOT COVERAGE: Not more than twenty percent (20%) of the
area of a zoning lot may be covered by buildings or
structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974)
10-613-6: 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)
January 2000
City of Yorkville
' - I
t Accurate Map of
S87'58'45"W 1326.84'
Territory Annexed to S87-58'45"W 1275.98'
THE UNITED CITY OF YO R KVI LLE North Line of the otu SectiionQ9. T37N t R7E Southwest Quarter
Kendall County Illinois t"' 1
a
I N
I N
' t
J
O N Y
LEGAL DESCRIPTION OF TRACT TO BE ANNEXED: rn a
o
That part of the Southwest Quarter of the Southwest Quarter of ono oz
Section 9, Township 37 North, Range 7 East of the Third Principal ;n
Meridian described as follows: Beginning at the Southeast Corner w : o
of the Southwest Quarter of the Southwest Quarter of said Section to ` a c �w L6
9; thence North 01'07'08" West, along the East Line of said ~" m '`) 0 QCJ �� cwt
Southwest Quarter of the Southwest Quarter, 1325.59 to the o � o oz
Northeast Corner thereof; thence South 87'58'45" West, along
the North Line of said Southwest Quarter of the Southwest Ln N ° t
Quarter, 1275.98 feet to the East Line of Illinois Route No. 47; � � W Y 90 Or 3
thence South 01'06'31 " East, along said East Line, 876.43 feet; O O `� ;° 0
thence Southerly, along said East Line and said East Line
extended, being a tangential curve the the left with a radius of CI.
LN
9397.49 feet, an arc distance of 449.06 feet to the South Line of L J o a o
said Southwest Quarter of the Southwest Quarter; thence North U N 3 t z
87'59'01 " East, along said South Line, 1265.49' to the point of
beginning in Bristol Township, Kendall County, Illinois and p� °
containing 38.790 acres. C \ "c
k O n
W z a
N M Southeast Corner of the
\ O Southwest Quarter of the
JSouthwest Quarter of
J 100 Section 9, T37N–R7E
O
South Line of the Southwest Quarter of the Southwest Quarter
d. of Section 9, T37N–R7E
8 II
SCALE J� N87'59'01"E—'1327.12'
1 „_200, N87-59'01"E—
CORNEILS 2
State of Illinois O\
SS �t� 065
County of Kendall `�
I, Phillip D. Young, an Illinois Professional Land 120, V,
Surveyor and an officer of Phillip D. Young and
Associates, Inc., state that I have prepared this plat
using available recorded documents. Illy
Dated August 18, 2000 at Yorkville, Illinois 1^ROresSioNAI_G2
LAND R
NO 2618ro ' C1
CFRrIrICATE
NO 7618
.'. VORKVILLC
Phillip D. Young
Illinois Professional Land Surveyor No. 2678 ;y q o�54,
Y OF hA-N 000N
ypq q I I H1 N I I 1 1110 n�P\