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Ordinance 2005-080 Filed for Record in KENDALL COUNTY, ILLINOIS RENNETTA S MIGKELSON 06 -18- -2001 At 11 :24 am ORDINANC chv �i STATE OF ILLINOIS ) RHSf S�.�rch�.r�e 10,00 ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005 - i AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (GarritanoBrummel Property — Del Webb / Pulte) (Area South of ComEd Right of Way) WHEREAS, MPLIV 10, LLC, MPLIV 20, LLC AND MLH YORKVILLE, LLC are the legal owners of record of property described on Exhibit "A" attached hereto and incorporated herein (the Property), and WHEREAS the owners and, Pulte Home Corporation, developer of the Property, have made application by petition for the rezoning of the Property and approval of a Special Use for a Planned Unit Development for a portion of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as follows: (i) an R -3 Single - Family Residence District under the City Zoning Ordinance with a Special Use for a Planned Development as an age - restricted community consisting of attached and detached single - family residences on approximately 256 acres legally described on Exhibit B -1 attached hereto (the "Age- Restricted Residential Parcel ") and depicted as Neighborhoods 1 through 10 on the Land Plan prepared by SEC Planning Consultants dated August 1, 2005 (the "Concept Plan ") attached hereto as Exhibit D and depicted on the Preliminary PUD Plat and Plan prepared by Smith Engineering Consultants, Inc. comprised of 16 pages dated September 2, 2005 (the "Preliminary PUD Plan ") attached hereto as Exhibit E, an R -2 Single Family Residence District as a community consisting of detached single - family residences on approximately 192.17 acres legally described on Exhibit B -2(1) attached (the "Conventional Residential Parcel") and depicted as Neighborhoods 11, 12 and 13 on the Concept Plan; and (iii) a B -3 Business District with the uses listed as Permitted Uses in the B -3 Business District, on approximately 30 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel ") and as depicted as commercial on the Concept Plan. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as follows: (i) an R -3 Single - Family Residence District under the City Zoning Ordinance with a Special Use for a Planned Development as an age - restricted community consisting of attached and detached single - family residences on approximately 256 acres legally described on Exhibit B -1 attached hereto (the "Age- Restricted Residential Parcel") and depicted as Neighborhoods 1 through 10 on the Land Plan prepared by SEC Planning Consultants dated August 1, 2005 (the "Concept Plan ") attached hereto as Exhibit D and depicted on the Preliminary PUD Plat and Plan prepared by Smith Engineering Consultants, Inc. comprised of 16 pages dated September 2, 2005 (the "Preliminary PUD Plan ") attached hereto as Exhibit E, (ii) an R -2 Single Family Residence District as a community consisting of detached single- family residences on approximately 192.17 acres legally described on Exhibit B -2(1) attached (the "Conventional Residential Parcel") and depicted as Neighborhoods 11, 12 and 13 on the Concept Plan; and (iii) a B -3 Business District with the uses listed as Permitted Uses in the B -3 Business District, on approximately 30 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel ") and as depicted as commercial on the Concept Plan. 2. A Special Use for Planned Unit Development is hereby approved for the Age - Restricted Residential Parcel described in Exhibit B -1 in accordance with the Annexation Agreement and Planned Unit Development Agreement previously entered into between the City and Developers. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO 1 VALERIE BURR PAUL JAMES DEAN WOLFER MARTY MUNNS � . ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 8_ Day of . A.D. 2005. MAYOR City Council of the United City of Yorkville Kendall County, Passed b the Y � Y Y Illinois this 0 7 day of 6EP I tau 6E . A.D. 2005. ATTEST: I ! CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 i Z m N g al R Wo.-C p 1 2 q ;ORM I N g g g r6lib W I N � P 1 3 1 91 09 -4 l b g ig - a g 10 o I lit 10 Rwwdf S h a d 101 ' .1 bb t Nun R hil I! MIR gig W J-11 big b ell b 0 4 ON� b all . w A bg 6 E a� b t lit