Ordinance 1998-20 s
STATE OF ILLINOIS )
) ss 200300032972
COUNTY OF KENDALL i e or
Filed for Record in
KENDALL COUNTY, ILLINOIS
PAUL ANDERSON
09-11-2003 At 12:26 PM.
ORDINANCE 21.00
ORDINANCE NO. 1998 - AD
AN ORDINANCE AUTHORIZING THE EXECUTION
OF THE KLiCZSKO VVSKI PLANNED UNIT DEVELOPMENT AGREEMENT
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois,that a certain Planned Unit Development Agreement pertaining to the development
of the real estate described on Exhibit "A", attached hereto and made a part hereof,be entered into
by the UNITED CITY OF YORKVILLE and WHEREAS said Planned Unit Development
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
and its developer are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS:
That the Mayor and City Clerk are herewith authorized and directed to execute on behalf of
the City a Planned Unit Development Agreement concerning the development of the real estate
described therein, a copy of which Planned Unit Development Agreement is attached hereto and
made a part hereof.
PASSED at a regular meeting of the City Council of the UNITED CITY OF YORKVILLE
on the day of 114 ) 1998.
SIGNED and APPROVED by me, as Mayor, this"( yof
ATTEST:
CITY CLERK
(SEAL),
r
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
F:\CLIENTS\CITYOFYO\KUCZKOw\ordince.wpd
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STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
UNITED CITY OF YORKVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
(KUCZKOWSKI)
NOW COMES the OWNER Bonnie Kuczkowski and DEVELOPER Keith Kuczkowski,
(both hereinafter referred to as Developer) developer of certain real property described in the
attached Exhibit"A", and the United City of Yorkville, an Illinois Municipality, who does hereby
enter into this written Planned Unit Development Agreement upon the following terms and
conditions and in consideration of the various agreements made between the parties agree as follows:
1. Whereas each party agrees that it is in the best interest of Developer and the City to
develop the subject real property described in the attached Exhibit "A" as a Planned
Unit Development; and
2. Whereas each party agrees that it is in the best interest of the local government
bodies effected and the Developer to provide for specific performance standards in
the development of the subject property; and
3. Whereas each party agrees that a substantial impact will be had on the services of the
United City of Yorkville by developing said subdivision; and
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4. Whereas,the Developer has agreed to perform certain conditions substantially above
those requirements made by the United City of Yorkville;
NOW THEREFORE, the parties agree as follows:
A. The subject property shall be re-zoned from R-2 Single Family Residential, to R-2
Duplex PUD under Section 10-6C-1 of the Yorkville Municipal Code. Minimum
Lot Size shall be 14,000 square feet.
B. That said property shall not be improved with more than 6 units of housing.
C. That the development of the property shall be subject to a development plat
and detailed site plan containing setbacks,heights of buildings not to exceed
those set out in the City of Yorkville's R-2 Duplex Zoning Ordinance at the
time commencement of construction is made. Developer shall further
dedicate an additional T to the Right of Way along Van Emmon Road to a
total of 40' on the developer's side of the centerline.
D. That each Duplex Unit shall have:
1. 2 car garages
2. 100% of the front of the first floor exterior in stone or brick
3. Minimum square footage of-
a. Ranch: 1200 Square Feet
b. Two Story: 1500 Square Feet
4. Roof slopes should be a minimum of 6:12
5. All trees over 12" in diameter on the site are to be located and preserved
except for box elder trees. Any 12" tree within the building envelope may
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be removed with approval from the building inspector as per the approved
plan. Once construction is completed by Developer, the duplex purchasers
may remove the trees without restriction.
E. That the existing drainage ditch on the property will be made to control the PUD's
storm water runoff. Any future subdivision of Developer's adjacent property will
require submission of a detailed water engineering plan taking into account these
three lots subject to the PUD and Developer's adjacent property.
F. That approval of this Planned Unit Development Agreement anticipates that
the Developer shall submit a development plat of subdivision as well as the
above referenced plans prior to commencement of any construction.
G. This agreement shall be binding upon the successors, heirs, and assigns of
each party hereto.
H. If any portion of this agreement were determined to be invalid the remaining
portions thereof shall be in full force and effect between Developer and the
City.
I. That Developer acknowledges that both City Land Cash Contributions and
City Transition Fees shall be charged per the current Land Cash and
Transition Fee Ordinances.
J. That the Developer acknowledges and agrees to comply with all provisions
of the Yorkville Subdivision Control Ordinance for all matters not
specifically excepted by this PUD Agreement.
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IN WITNESS WHEREOF, the undersigned parties have executed this agreement this
21#day of �Tl`- - .11998.
UNITED CITY OF YORKVILLE
Z-zj t//-,
MAYOR
_1 dw,;' -hl
CITY CLERK
ONNIE KUCZKOWSKI, O er
AITH KO SKI, Developer
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, IL 60560
630-553-9500
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EXHIBIT"A"
Legal Description
Parcel Number#05-39-326-001
Lots 1,2, and 3 of the Van Emmon Street Addition to the United City of Yorkville,
Kendall County, Illinois in the Western Half of Section 33, Township 37 North,
Range 7 East of the Third Principal Meridian according to the Plat thereof Recorded
on January 5, 1994 as Document Number 9400176.
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