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Ordinance 1997-10B v STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 1997 --WB— AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF RICHARD UNDESSER AND HARRIETTA UNDESSER 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 owners of record of the territory which is the subject of said Agreement are 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 property is contiguous to the City. 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. PASSED at a regular meeting of the City Co cil of the UNITED CITY OF THE VILLAGE r OF YORKVILLE on the�ay of , 1997. SIGNED and APPROVED by me, as Mayor, this /�/dy of j� , 1997. ATTEST: CITY CLERK • (SEAL) Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 JCII Uyl t UJU044 1_IUJ UJ/GU1 =4 i I --4—"I)Jerax U; GC EXHIBIT "A" TO ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE GALENA ROAD, ROUTE 47 AND CORNEILS ROAD (UNDESSER PROPERTY) That part of the Southeast quarter of Section 5 and that part of the East half of Section 8, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the centerline of the Old Galena Road With the East line of said Section 8, said point being 89 links South of the Northeast corner of said Section 8; thence Northwesterly along the centerline of said Old Galena Road to the West line of the Southeast quarter of said Section 5; thence South along said West line and the West line of the East Half of said Section 8 to a point 1, 080 feet North of the Southwest corner of the Southwest quarter of the Southeast quarter of said Section 8; thence North 620 East 9. 37 chains to the North line of the Southwest quarter of the Southeast quarter of said Section 8; thence East along said North line to the Northeast corner of said quarter quarter section; thence South along the East line of said quarter quarter section to the South line of said Section 8; thence East along said South line to the Southeast corner of said Section 8; thence North along the East line of said Section 8 to the point of beginning (except that part dedicated to the People of the State of Illinois by dedication dated January 22 , 1931, and recorded February 17, 1931, in Deed Record 77, Page 583) and also except that part conveyed to the People of the State of Illinois by Warranty Deed dated January 8, 1991, and recorded as Document 910147 in the Office of the Kendall County Recorder, all in Bristol Township, Kendall County, Illinois, and containing 303.3571 acres, and also all of the public highways adjoining. Except that part of the above described real estate described as follows: Commencing at the intersection of the centerline of Old Galena Road with the West line of the Southeast Quarter of Section 5 for a point of beginning; thence South along said West line and the West line of the East Half of Section 8, 2,929.88 feet to a point; thence Easterly at right angles to the West line of the East Half of Section 8, 400 feet to a point; thence North parallel to the West line of the East Half of Section 8, 1,928 feet to a point; thence West at right angles to the last described course 300 feet to a point; thence North 1, 001.88 feet more or less to the centerline of Old Galena Road; thence Northwest along said centerline 100 feet more or less to the point of beginning, containing 20 acres. EXHIBIT "Bw TO ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE GALENA ROAD, ROUTE 47 AND CORNEILS ROAD (UNDESSER PROPERTY) That part of the legal description referred to in Section 1 of the Annexation Agreement to the United City of Yorkville, Galena Road, Route 47 and Corneils Road (Undesser Property) described as follows: The North 1300 feet measured along the easterly boundary of a 600 foot wide strip, said 600 feet being measured at right angles from the easterly boundary of the property, to be zoned for B-3 Service Business District with a Special Use under B-2 as a gasoline service station, convenience store and ATM banking machine. EXHIBIT "C' TO ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE GALENA ROAD, ROUTE 47 AND CORNFILS ROAD (UNDESSER PROPERTY) Co�r�c�pt S'�tch o� +Undemor pmpo*p �,` Brisfo!Township Kendall Cwniy jignafs 5 5 , 8 i s f 1 � S 8 / { � a � { s STATE OF ILLINOIS ) Revised 4/7/97 COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE GALENA ROAD, ROUTE 47 AND CORNEILS ROAD(UNDESSER PROPERTY) .1 u cy THIS AGREEMENT is made and entered into this I xf day of A4711, 1997 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), and RICHARD A. UNDESSER and HENRIETTA UNDESSER, of Bristol Township, Kendall County, Illinois (hereinafter referred to as "Owner-Developer"). WITNESSETH WHEREAS, Owner-Developer is the owner of land which lies generally north of and contiguous to the existing corporate limits of the City, which said land is more particularly described on Exhibit "A" attached hereto and made a part hereof, and WHEREAS, Owner-Developer is desirous of using a portion of said real property described in Exhibit "B" for B-3 Service Business District, with a Special Use under B-2 as a gasoline service station, convenience store, and an ATM banking machine (hereinafter "Exhibit B Uses" for brevity), with the balance of the Exhibit "A" property for A-I Agricultural use if said land is annexed to the City of Yorkville; and WHEREAS, Owner-Developer has presented, and the City has considered, the tracts of land herein described for B-3 Service Business District (Exhibit "B") and A-I Agricultural use in order to make said real estate a desirable addition to the City; and t. WHEREAS, the city has requested Owner-Developer to annex the said land into the City, and its Plan commission has considered the Petition, and the City Council has heretofore approved the proposed land use and the zoning of the same at the request of Owner-Developer and the City; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which the land heretofore described will be annexed to the City in an orderly manner; and WHEREAS, it is the intention of Owner-Developer upon the annexation of the real property to the City to use portions of said real property described in Exhibit "B" for B-3 Highway Business District use, with a Special Use for a gasoline service station, convenience store, and an ATM banking machine as hereinafter limited, and portions for A-I Agricultural use to be located as shown in the annexation drawing attached hereto and incorporated herein as Exhibit "C" and in accordance with the terms and conditions of this Agreement; and WHEREAS, Owner-Developer 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. 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: 1. ANNEXATION AND ZONING. The City shall adopt an ordinance annexing to the City all of the real estate described on Exhibit "A" and the City in said ordinance shall zone the real property described on Exhibit "B,"subject to the further terms of this Agreement as B-3 Highway 2 Business District, with a special use for a gasoline service station, convenience store, and an ATM banking machine, and portions as A-1 Agricultural District, as designated on the attached plan incorporated herein as Exhibit "C." Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on Exhibit"D" for B-3 Highway Business District and A-1 Agricultural District, and said real estate shall be used and developed in accordance with 65 ILCS 5/11-15.1 through 65/II.,CS 5/11- 15.1-5, and in accordance with the city Subdivision, Control and Zoning Ordinances. 2. CITY'S AGREEMENTS. The City agrees that in consideration of Owner-Developer voluntarily annexing to the City, the City will do the following: A) Specifically permit a sign not to exceed 167 square feet on each side may be displayed by the service station, together with suitable lettering on the convenience store in letters not to exceed 24 inches in height, as part of said Annexation Agreement. B) Cooperate with Owner-Developer in securing two curb cuts from Galena Road into the real property described on Exhibit "B," which are necessary to accommodate truck traffic in an orderly and safe manner. 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE. Except as herein modified or varied, Owner-Developer shall comply, in all respects, with all of the provisions of the Zoning Ordinance, Subdivision Control Ordinance, Development Fee Ordinance and Transition Fee Ordinance of the city in the development of the subject real property herein described. In connection with the development of the entire real parcel being annexed, the city and Owner-Developer agree as follows: A) The development of the entire property being annexed can be done in phases. 3 B) The city agrees that a 600-foot wide strip(said 600 feet being measured at right angles from the easterly boundary), all of which strip is within the portion of the Exhibit "A" property not included in Exhibit `B," shall be zoned at some future time, subject to further terms of a future agreement, as B-3 Highway Business District in accordance with the City's Comprehensive Plan. The remainder of the Exhibit "A" property shall be zoned at some future time as M-1 Limited Manufacturing District for not to exceed 60 acres, and the remainder of the Exhibit "A" property not zoned in accordance with the above provisions shall be rezoned R-2 Family District for not to exceed 160 acres. It is expressly agreed that the above zoning is contingent upon further public hearings being had in accordance with law and fulfillment by Owner-Developer of all requirements of any Subdivision Control ordinance or applicable ordinance then in effect, and that this clause is inserted to evidence the understanding of all parties that the A-1 Agricultural designation of the instant zoning is a transitional use, pending further growth and further development of the municipality. It being further expressly understood that both parties retain their right to negotiate the terms and conditions of any agreement necessary to rezone the property defined in this subparagraph B). C) If at the time of development, the existing City dedications, easements and right-of- ways are not adequate to facilitate sewer, water or other utility extensions, the City agrees to exercise its power of eminent domain within City boundaries if necessary, to acquire such easements and fight- of-ways, including easements from the then present terminus of the existing municipal sanitary sewer and water lines to the boundary line of the subject property being developed, and the cost and expense incurred by the City shall be paid by Owner-Developer and added to the recapture amounts described in this Annexation Agreement and prorated among the parties specified herein. 4 D) Stormwater detention facilities shall be constructed in accordance with the City of Yorkville Stormwater Run-off Ordinance, for construction of stormwater detention facilities based upon the need of each phase as developed. E) If, in order to improve the subject property or any portion thereof, Owner-Developer is required to expend funds to construct or enlarge the City's sanitary sewer and/or water capacity, or is required to install in the subject property sewer and/or water lines sized to a capacity to serve properties other than that of Owner-Developer, or if Owner-Developer is required to install any wells, lift stations, roadways or to dedicate property upon which any of the foregoing are to be installed, Owner-Developer shall be entitled to a recapture from owners of properties benefitting from such improvements. The recapture shall provide for reimbursement from such benefitting parties using such improvements on a pro rata basis. The recapture fee shall be due from said owners of benefitting properties at the time of platting, development or issuance of building permits, whichever shall first occur. The recapture agreement shall provide for interest to be paid to Owner-Developer at the rate of 8% per annum on all costs or expenses incurred by Owner-Developer for such improvements, with interest commencing on the date the costs or expenses for such improvements have been paid by Owner-Developer. The City agrees to hold all public hearings necessary to bind the owners of benefitting property who will use any of the aforementioned improvements. if requested by Owner-Developer, the City agrees, pursuant to Chapter 65, Sections 5/9.5-1 of the Illinois Compiled Statutes, to execute a contract with Owner-Developer by which the City agrees to reimburse Owner-Developer for an equitable portion of the costs of such improvements through charges to the owners of benefitting property when and as collected from such owners, plus interest at the rate of 8% per annum, on all costs and expenses incurred by Owner-Developer for such 5 Ilk improvements. Both the area benefitted and the amount of said benefit for each benefitting property owner shall be determined by the City Engineer and memorialized in a Recapture Agreement and Ordinance approved by the City Council. The Recapture Contract shall be for a term of twenty years and shall also provide that the City shall collect such fees, interest and administrative fees of the City as Owner-Developer is entitled to from the owners of the benefitting property. The foregoing recapture for costs and improvements shall include the cost of any land dedicated by Owner- Developer for installation of any improvements thereon, exclusive of any easements acquired at City expense, except that the value of land shall not be included in recapturable costs if that land is also required to serve Owner-Developer's property.. F) Except as otherwise provided in this Agreement, no change, modification or enactment of any ordinance, code or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the subject property, the Bulk Regulations, including, but not limited to setback, yard, height, FAR and frontage requirements, and the uses permitted thereunder by the Zoning Ordinance of the City in effect as of the date of this Agreement, except to the extent BOCA Building Codes, Fire Codes, Subdivision Ordinances and like ordinances which are non-monetary in nature are from time to time amended affecting in a uniform and non-discriminatory manner all subdivisions within the City, which are not Final Platted, or for which building permits have not been issued. Except as modified by the terms and provisions of this Agreement, Owner-Developer shall comply in all respects with the conditions and requirements of all ordinances of the City applicable against property similarly situated and zoned with the City as such ordinances may exist from time to time subsequent to annexation to the City, provided, however, notwithstanding any other provision of this Agreement, if there are changes to said ordinances, regulations, or codes which are less 6 restrictive in their application to similarly situated and zoned lands, then Owner-Developer, at its election, shall be entitled to like treatment with respect to the subject property being annexed herein. G) It is understood and agreed that all subsequent amendments of this Agreement, Plats of Subdivision/PUD, or any development of the subject property may be obtained for all or any portion of the subject property without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the subject property not included in the afore described actions. H) It is agreed that other than the existing ordinances dealing with land cash donations for schools and parks, fees for building permits, occupancy permits and tap-on fees, transition fees to the City and the Yorkville School District, and review fees, no additional fees or donations will be required by the City from Owner-Developer, except as may be charged on a non-discriminatory basis to all residents of the City, imposed at the time of platting of any particular phase of the subject real property. I) Police Contribution: 1) In further consideration of the United City of Yorkville entering into this Annexation Agreement, Owner/Developer will make a voluntary contribution to the Yorkville Police Department of$7,500.00 at the earliest to occur, of one year from the date of the United City of Yorkville approving this Annexation Agreement by Ordinance, or at the time of issuance of a Certificate of Occupancy for a gas station and/or a convenience store to be constructed on property being annexed and zoned B-3 with a Special Use for a gas station and convenience store. 2) In further consideration of the United City of Yorkville entering into this Annexation Agreement, upon the earliest to occur of three years from the date the United City of 7 Yorkville approving this Annexation Agreement by ordinance, or 50% of the remaining property which is being annexed to the City, being approved by City Council final vote for preliminary plat, the Petitioner/Owner will contribute an additional sum of $20,000.00 to the Yorkville Police Department. The entire amount of this contribution shall be used for the purchase of a squad car. 4. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that Owner-Developer 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-Developer 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-Developer on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the City. 5. 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. 6. COVENANTS AND AGREEMENTS. The covenants and agreements contained in 8 this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and sha11 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. 7. OWNER-DEVELOPER'S AGREEMENTS. In consideration of the City annexing the subject parcel of real property, Owner-Developer agrees to be bound by the following developmental terms and phasing conditions; A) In the convenience store, there will be located: i. Not-to-exceed two automatic teller machines; ii. A convenience food mart selling packaged and unpackaged food, sandwiches, rolls of all kinds, coffee, tea, soup, and beverages. B) In locations adjacent to said building, there will be located: i Not-to-exceed eight gasoline pumps and four diesel pumps in the rear; ii. Rear parking with asphalt or concrete paving for fifteen to twenty semi tractors and trailers; iii. canopies over the gasoline and diesel pumps. C) Water and sanitary disposal facilities shall be by well and septic tank respectively, which shall apply only to the commercial property being annexed and developed hereto unless further varied upon public hearing by the United City of Yorkville. D) Hours of operation of the gas station and convenience store shall be opening no earlier than 5:00 a.m. and closing no later than 10:30 p.m. 9 8. 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. 9. 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 111 W. Fox Street, 3rd Floor Yorkville, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge Street Yorkville, IL 60560 If to Owner-Developer: Richard A. & Henrietta Undesser 10318 Galena Road Bristol, IL 60512 With a copy to: William C. Murphy Murphy, Hupp, Foote, Mielke& Kinnally P.O. Box 5030 Aurora, IL 60507 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 10. 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 secure the performance of the covenants herein contained. 10 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 herefrom and the remaining portions thereof shall remain in full force and effect. 11. 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. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _day of J , 1997. UNITED CITY OF YORKVILLE Kendall Count , llinois By: ,/Z /� Robert Johnso or Attest: ,1"'�ro City Clerk Alderma Alderman Alderman Alderman ri derman Alderman Alderman Alderman 11 797 OWNER-DEVELOPER: Richard A. Undesser Henrietta Undesser Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 12 EXHIBIT LIST A. Legal Description B. Portion of subject real property zoned B-3, with B-2 Special Use for gasoline station and convenience store C. Annexation Sketch D. B-3 Section of United City of Yorkville Zoning Ordinance with the B-2 Special Use for gasoline station and convenience store EXHIBIT "A" TO ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE GALENA ROAD, ROUTE 47 AND CORNEILS ROAD (UNDESSER PROPERTY) That part of the Southeast quarter of Section 5 and that part of the East half of Section 8, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the centerline of the Old Galena Road with the East line of said Section 8, said point being 89 links South of the Northeast corner of said Section 8; thence Northwesterly along the centerline of said Old Galena Road to the West line of the Southeast quarter of said Section 5; thence South along said West line and the West line of the East Half of said Section 8 to a point 1, 080 feet North of the Southwest corner of the Southwest quarter of the Southeast quarter of said Section 8; thence North 620 East 9. 37 chains to the North line of the Southwest quarter of the Southeast quarter of said Section 8; thence East along said North line to the Northeast corner of said quarter quarter section; thence South along the East line of said quarter quarter section to the South line of said Section 8; thence East along said South line to the Southeast corner of said Section 8; thence North along the East line of said Section 8 to the point of beginning (except that part dedicated to the People of the State of Illinois by dedication dated January 22 , 1931, and recorded February 17, 1931, in Deed Record 77, Page 583) and also except that part conveyed to the People of the State of Illinois by Warranty Deed dated January 8, 1991, and recorded as Document 910147 in the Office of the Kendall County Recorder, all in Bristol Township, Kendall County, Illinois, and containing 303.3571 acres, and also all of the public highways adjoining. Except that part of the above described real estate described as follows: Commencing at the intersection of the centerline of Old Galena Road with the West line of the Southeast Quarter of Section 5 for a point of beginning; thence South along said West line and the West line of the East Half of Section 8, 2, 929.88 feet to a point; thence Easterly at right angles to the West line of the East Half of Section 8, 400 feet to a point; thence North parallel to the West line of the East Half of Section 8, 1,928 feet to a point; thence West at right angles to the last described course 300 feet to a point; thence North 1,001.88 feet more or less to the centerline of Old Galena Road; thence Northwest along said centerline 100 feet more or less to the point of beginning, containing 20 acres. Sent by:_ 6308441905; 03/26/97 11 :55AM;JetFdx #44; Page 7/22 EXHIBIT "B" TO ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE GALENA ROAD, ROUTE 47 AND CORNEILS ROAD (UNDESSER PROPERTY) That part of the legal description referred to in Section 1 of the Annexation Agreement to the United City of Yorkville, Galena Road, Route 47 and Corneils Road (Undesser Property) described as follows: The North 1300 feet measured along the easterly boundary of a 600 foot wide strip, said 600 feet being measured at right angles from the easterly boundary of the property, to be zoned for B-3 Service Business District with a Special Use under B-2 as a gasoline service station, convenience store and ATM banking machine. Sent by: 6308441905; 03/26/97 11 :56AM ,•/etraX #44; Page 8122 EXHIBIT "C" TO ANNEXATt, , AGREEMENT TO THE UNITED CITY OF YORKVILLE GALENA ROAD, ROUTE 47 AND CORNEILS ROAD (UNDESSER PROPERTY) Corroept S;ich of "Undewer Propew Bnstol Township Kendall County 111in0rs 5 4 lope 5 '°moo• rso' mss I I 9� 8 I 9 ` t I $ f 1 N I a 1� I � Q r � � l � 3 40d I I 9 Ac,el r 8 1 e 9 24c' r ice-- f 0 8 I � RS ' pare J ` I s 1 � la I pmpmd$y. Roof James M. Olson Assod$tes,Ltd. 907 West AWtson Sher 1 17 yor*Vze,x! , 60560 June »as 17 16 cent oy: 6308441905; 03/26/97 11 :56AM;JetraX #44; Page 9/22 T EXHIBIT "D" �+ OI••.NNEXA77ON AGREEMENT ' GALENA ROAD, ROUTE 47 AND CORNF1 S ROA UNITED CITY OF YORKVILLE D (UNDESSER PROPERTY) 10-9-2 CHAPTER 9 A-1 AGRICULTURAL � DISTRICT 1 i SECTION: 10-9-1: Purpose i 10-9-2: Uses Permitted 10-9-3: Special Uses 10-9-4: Accessory Uses 10-9-5: Building Setback Line; Side Yards 10-9-6: Floor Area Ratio 10'9-7: Building Permits, Code and Fees 10-9-8. Fencing Restrictions 10-9-1: PURPOSE: The regulations for the Agricultural District are intended to govern the use of the Ind and building and structures for agricultural purposes after the annexation of land into the City for so long as the owner or owners thereof shall desire to continue to devote said land to agricultural purposes. These regulations are also intended to provide for the protection, conservation and utilization of natural resources; to preserve the value of existing and future open space and recreation facilities; and to provide for the orderly development of the real estate for all uses permitted under the various use districts under this Title. {Ord. 1992-14A, 12-10-92) 10-9-2: USES PERMITTED: A. Agricultural. B• Single-family residential use, single-family dwellings shall be permitted for the htotal(parceldzoned Agricultural District and annexed to the City; p zoned subdivided into separate parcels after annexation. In hethevent later approval of rezoning to a residential use of the subject parcel or any portion thereof, this Section shall not apply. ooun4viyu�; 03/26/97 12:00PM;JetFaX #44; Page 10/22 10-9-2 10-9-3 C. The City Plan Commission and City Council reserve the require that prior issuance of a residential building permit within t n agricultural district, the City Council has a right to require then approval of the residential building site, with regard to compatibility With the Comprehensive Plan, future roadway and utility extensions and sufficient buffering between residential and nonresidential uses. D. Signs: As permitted and regulated pursuant to the a provisions of Chapter 12 of this Title. (Ord. 1992-14A, 12-10-92 10-9-3: SPECIAL USES: Agricultural sales, storage and service of agriculturally oriented products. Airports or aircraft landing fields. Animal feed, storage pfeparation, mixing and wholesale and retail. Animal hospital. Blacksmith or welding shops. Cemeteries, including crematoriums and mausoleums provided no building shall be located less than one hundred feet (100') from a lot line. Churches, temples or synagogues. Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings and structures or trade schools. Commercial feeding of fish, poultry and livestock. Commercial or private dog kennels provided that they are located not less than five hundred feet (S00') from a residential lot line. Communications use. Fertilizer sales, including bulk storage and mixing. Golf courses, miniature golf courses and driving ranges, provided that no clubhouse or accessory building shall be located less than three hundred feet (300') from a lot line. Grain elevators and storage_ City of Yorkville ,DCIIL U: 6308441905• ,Jew #49; Page 1 03/26/97 1 :15PM• 10-9-3 10-9-3 Milk processing and distribution, including pasteurizing and manufacture of ice cream but not including the processing or manufacture of cheese. Nurseries and greenhouses, wholesale and retail, provided that all plants are grown on the premises. Outdoor amusement establishments, fairgrounds, carnivals, circuses, race tracks and other similar amusement centers and including places of assembly devoted thereto, such as stadiums and arenas. Philanthropic and eleemosynary institutions. Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business. Private recreational area or camps. Public utility and public services, including electric substations; repeater stations; microwave relay towers and stations; mobile transmitting tower and stations, antenna towers and other outdoor equipment essential to the operation of exchange in the interest of public convenience and necessity; water filtration plants; water pumping stations; water reservoir and similar uses. Railroad passenger depots. Railroad right of way and trackage, but not including classification yard, terminal facilities, piggy-back facilities or maintenance facilities. Rest homes, nursing homes, hospitals and sanitariums, institutions for the aged and for children for human beings only. Riding academies and stables. Sales yards, wholesale or retail, for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers, plants, etc. Seminaries, convents, monasteries and similar religious institutions including dormitories and other accessory uses required for operations. (Ord. 1992-14A, 12-10-92) City of Yorkville Sent by: 6308441905; 03/26/97 1 :16PM ,JetFdX #49; Page 2 10-9-4 10-9-7 10-9-4: ACCESSORY USES: A. Those customarily accessory to the pursuit of agriculture, provided that structures for the shelter of livestock, poultry and other farm animals shall be located not less than one hundred feet (100') from a lot line. B. Roadside stands for the sale of produce or poultry grown and raised on or in the immediate area of the premises but not including live animals and provided that such stands shall contain not more than six hundred (600) square feet of floor area. Each roadside stand shall have facilities approved by the Superintendent of Streets, for vehicular ingress and egress and adequate off-street parking. (Ord. 1992-14A, 12-10-92) 10-9-5: BUILDING SETBACK LINE; SIDE YARDS: A. Setback Line: Every building hereafter erected or enlarged shall provide and maintain a setback from the public street in accordance with the following requirements: 1. Primary thoroughfares, (Route 34 and 47) two hundred feet (200') from the right of way. 2. All other streets or roads, one hundred feet (100') from the record or established right of way. B. Side Yards: Each building hereafter erected or remodeled shall have a side yard on each side of each building of not less than fifty feet (50'). (Ord. 1992-14A, 12-10-92) 10-9-6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use permit is granted. (Ord. 1992-14A, 12-10-92) 10-9-7: BUILDING PERMITS, CODE AND FEES: All buildings and structures used for agricultural purposes shall be exempt from building permits, codes and fees. (Ord. 1992-14A, 12-10-92) City of Yorkville "y' 6308441905; 03/26/97 1 :16PM;, 1#49; Page 3112 10-9-8 10-9-8 10-9-8: FENCING RESTRICTIONS: The fencing restrictions contained in this Title shall not apply to agricultural uses under this Chapter. Fencing requirements for special uses shall be established at the time a special use permit is granted. (Ord_ 1992-14A, 12-10-92) City of Yorkville 6308441905; 03/26/97 1 :16PM;JetFaX Page 4/12 10-7C-1 10-7C-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE C. B-2 GENERAL BUSINESS DISTRICT SECTION: 10-7C-1: Uses Permitted 10-7C-2: Special Uses 10-7C-3: Lot Area 10-7C-4: Yard Areas 10-7C-5: Lot Coverage 10-7C-6: Maximum Building Height 10-7C-7: Off-Street Parking and Loading 10-7C-1: USES PERMITTED: All uses permitted in the O and B-1 Districts. Appliances - sales. Army/Navy surplus sales. Art gallery - art studio sales. Art supply store. Auditorium. Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. City of Yorkville -I ' 6308441905; 03/26/97 1 :16PM;,fgtrax #49; Page 5/12 10-7C-1 10-7C-1 Billiard parlor. Blueprint and photostat shop. Bowling alley. Carry-out food service. Catalog sales office. Clothing store - all types. Dance hall. Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new/used. Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel. Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. City of Yorkville 6308441905; 03/26/97 1 :17PM' ,,ltd #49; Page 6112 10-7C-1 10-7C-3 Paint/wallpaper store. Pawnshop. Personal loan agency. Pet store. Picture frame store. Radio and television studios. Reducing salon, masseur and steam bath. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973-56A, 3-28-74; 1994 Code) 10-70-2: SPECIAL USES: All special uses permitted in the B-1 District. - Gasoline service station. Marina. (Ord. 1973-56A, 3-28-74) 10.7C-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-86) City of Yorkville _"y 6308441905; 03/26/97 1 :17PM _. ,Je)!{X #49; Page 7112 10-7C-4 10-7C-6 10-7C-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: No minimum front yard shall be required. (Ord. 1973-56A, 3-28-74) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-2 District .of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-2 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 side yard of not less than thirty feet (30') shall be required. 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-2 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, 1-9-86; 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-74) D. Transitional Yards: Where a side or rear lot line coincides with a residential district Zone, a yard of not less than 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 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87) 10-7C-5: LOT COVERAGE: Not more than eighty percent (80%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-7C-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. (Ord. 1973-56A, 3-28-74) City of Yorkudle JCIIL "Y• 6308441905 , , 03/26/97 1 :17PM;,fgtfX #49; Page 5112 10-7C-7 10-7C-7 10-7C-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville ­11 "y ' 6308441905; 03/26/97 12:49PM ,JetFax #47; Page 4/12 10-7C-1 10-7C-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE C. B-2 GENERAL BUSINESS DISTRICT SECTION: 10-7C-1: Uses Permitted 10-7C-2: Special Uses 10-7C-3: Lot Area 10-7C-4: Yard Areas 10-7C-5: Lot Coveragt- 10-7C-6: Maximum Building Height 10-7C-7: Off-Street Parking and Loading 10-7C-1: USES PERMITTED: All uses permitted in the O and B-1 Districts. Appliances - sales, Army/Navy surplus sales. Art gallery - art studio sales. Art supply store. Auditorium. Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop_ City of Yorkville prua 644 1905 ... KRAMER LAW Q005 10-7C-1 10-7C-1 Billiard parlor. Blueprint and photostat shop. Bowling alley. Carry-out food service. Catalog sales office. Clothing store - all types. Dance hall. Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new/used. Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel. Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. City of Yorkville - _ uu cJrua 044 1UU0 KRAMER LAW U006 10-7C-1 10-7C-3 Paint/wallpaper store. Pawnshop. Personal loan agency. Pet store. Picture frame store. Radio and television studios. Reducing salon, masseur and steam bath. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973-56A, 3-28-74; 1994 Code) 10-7C-2: SPECIAL USES: All special uses permitted in the B-1 District. Gasoline service station. Marina. (Ord. 1973-56A, 3-28-74) 10-7C-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-86) City of Yorkville v ruts 544 1905 -- KRAMER LAW Q007 10-7C-4 10-7C-6 10-7C-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: No minimum front yard shall be required. (Ord. 1973-56A, 3-28-74) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-2 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-2 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 side yard of not less than thirty feet (301 shall be required. 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-2 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, 1-9-86; 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-74) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than 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 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87) 10-7C-5: LOT COVERAGE: Not more than eighty percent (80%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-7C-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. (Ord. 1973-56A, 3-28-74) City of Yorkville && 1-0 044 laua ---+ KRAMER LAW 008 _ w • 10-7C-7 10-7C-7 10-7C-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville KRAMER LAW Q009 IL 10-7D-1 10-7D-1 CHAPTER 7 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. Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Electrical equipment sales. City of Yorkville & ruts 644 1905 ... KRAMER LAW Q010 • 46 .. 10-7D-1 10-7D-1 Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Mini warehouse storage. Miniature golf. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Skating rink. Sports arena. Stadium. Taxicab garage. Tennis court - indoor. Trailer rental. Truck rental. Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-74; amd. Ord. 1986-1, 1-9-86; Ord. 1988-7, 4-14-88) City of Yorkville v ... KRAMER LAW Q011 10-7D-2 10-7D-4 10-713-2: SPECIAL USES: All special uses permitted in the B-2 District. Amusement park. Boat launching ramp. Boat rental and storage. (Ord. 1973-56A, 3-28-74) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-86) 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, 3-28-74) 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. 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, 1-9-86; 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-74) . 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 City of Yorkville 10-713-4 10-7D-7 required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87) 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, 3-28-74) 10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-74) 10-713-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) AND ALL USES UNDER THESE ORDINANCES AS AMENDED FROM TIME TO TIME City of Yorkville AFFIDAVIT (FILE W. PAUL P.ANDERSON,RECORDER OF DEEDS OF KENDA =NTY) STATE OF ILLINOIS COUNTY OF KENDALL } SS. DOCUMENT# DANIEL J. K RAM E R ,being duly sworn on oath,states that resides at 1107A S. Bridge Street, Yor ille, IL 60560 That the attached deed represents: 1. A distinct separate parcel on record prior to July 17, 1959. 2. A distinct separate parcel qualifying for a Kendall County building permit prior to August 10, 1971. 3. The division or subdivision of the land is into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access. 4. The division is of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access. 5. The sale or exchange of parcels of land is between owners of adjoining and contiguous land. 6. The conveyance is of parcels of land or interests therein for use as right of way for railroads or other public utility facilities,which does not involve any new streets or easement of access. 7. The conveyance is of land owned by a railroad or other public utility which does not involve any new streets or easements of access. 8. The conveyance is of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use. 9. )The conveyance is made to correct descriptions in prior conveyances. 10. The sale or exchange is of parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on July 17, 1959,and not involving any new streets or easements of access. 11. The sale is of a single lot of less than five acres from a larger tract,evidenced by a survey made by a registered surveyor which single lot is the first sale from said larger tract as determined by the dimensions and configurations thereof on October 1, 1973,and which sale does not violate any local requirements applicable to the subdivision of land. CIRCLE NUMBER ABOVE WHICH IS APPLICABLE TO ATTACHED DEED. Affiant further states that hL makes this affidavit for the purpose of' du g the Recor r of Deeds of Kendall County, Illinois,to accept the attached deed for recording. DAN I E J. RAMER, Attorney at Law SUBSCRIBED AND SWORN to before me this day of 91= ' 19 fff . nk- rMY =EXPIRES L " Notary Public LINOIS 9/2002 KEPLATAF EXHIBIT "A" TO ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE GALENA ROAD, ROUTE 47 AND CORNEILS ROAD (UNDESSER PROPERTY) That part of the Southeast quarter of Section 5 and that part of the East half of Section 8, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the centerline of the Old Galena Road with the East line of said Section 8,said point being 89 links South of the Northeast corner of said Section 8;thence Northwesterly along the centerline of said Old Galena Road to the, West line of the Southeast quarter of said Section 5; thence South along said West line and the West line of the East Halt of said Section 8 to a point 1,080 feet North of the Southwest corner of the Southwest quarter of the Southeast quarter of said Section 8; thence North 62' East 9.37 chains to the North line of the Southwest quarter of the Southeast quarter of said Section 8; thence East along said North line to the Northeast corner of said quarter quarter section; thence South along the East line of said quarter quarter section to the South line of said Section 8; thence East along said South line to the Southeast corner of said Section 8; thence North along the East line of said Section 8 to the point of beginning (except that part dedicated to the People of the State of Illinois by dedication dated January 22, 1931, and recorded February 17, 1931, in Deed Record 77, (Page 583) and also except that part conveyed to the People of the State of Illinois by Warranty Deed dated January 8, 1991, and recorded as Document 910147 in the Office of the Kendall County Recorder, all in Bristol Township,Kendall County,Illinois, and containing 303.3571 acres, and also all of the public highways adjoining. Except that part of the above described real estate described as follows: Commencing at the intersection of the centerline of Old Galena Road with the West line of the Southeast Quarter of Section 5 for a point of beginning; thence South along said West line and the West line of the East Half of Section 8, 2,929.68 feet to a point; thence Easterly at right angles to the West line of the East Half of Section 8,400 feet to a point; thence North Parallel to the West line of the East Half of Section 8, 1,928 feet to a point; thence East at right angles to the last described course 156 feet to a point;thence North 200 feet to a point;thence Southeasterly parallel to the Centerline of Old Galena Road 965 feet; thence North at right angles to the centerline of Old Galena Road 600 feet; thence Westerly along the centerline of Old Galena Road 1,515 feet more or less to the point of beginning. EXHIBIT "B" TO ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE GALENA ROAD, ROUTE 47 AND CORNEILS ROAD (UNDESSER PROPERTY) That part of the legal description referred to in Section 1 of the Annexation Agreement to the United City of Yorkville, Galena Road, Route 47 and Corneils Road (Undesser Property) described as follows: The North 13.0 acres of a 600 foot wide strip, said 600 feet being measured at right angles from the easterly boundary of the property, described in Exhibit"A". to be zoned for B-3 Service Business District with a Special Use under B-2 as a gasoline service station, convenience store and ATM banking machine.