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Ordinance 2017-11 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2017-11 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING AN AMENDED FINAL PLANNED UNIT DEVELOPMENT PLAT (Cedarhurst of Yorkville formally known as Cannonball Trails) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 28d'day of February,2017 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on January 19,2018. STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) Ordinance No. 2017--►-i— AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING AN AMENDED FINAL PLANNED UNIT DEVELOPMENT PLAT (Cedarhurst of Yorkville formally known as Cannonball Trails) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Cedarhurst of Yorkville Real Estate, LLC (the "Applicant") is the contract purchaser and developer of certain real property comprising approximately 6.14 acres located at the northeast corner of Highway 34 and Cannonball Trail; and, WHEREAS, that real preprty is legally described in Exhibit A attached hereto and made a part hereof by reference and is hereinafter described as the"Subject Property"; and, WHEREAS,the Subject Property was annexed pursuant to a PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT(the "Original Agreement")dated August 10, 2000,recorded as Document#200000012562, a First Amendment dated September 9, 2008 approved by Ordinance No. 2008-66 dated July 22,2008,recorded as Document #200800020540, and further amended by a Second Amendment entitled SECOND AMENDMENT TO AN ANNEXATION AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, ILLINOIS AND CEDARHURST OF YORKVILLE REAL ESTATE, LLC, dated 101,1017 and approved by Ordinance No 2017-10 dated{�_-B,078, 2017 (the"Second Amendment"); and, WHEREAS,the Applicant has filed for approval of an amended planned unit development for an assisted living and memory care facility on the Subject Property that is zoned in the City's B-2 Retail Commerce Business District seeking the following exceptions as part of the planned unit development: 1. Relief from Section 10-20-9 of the Zoning Ordinance regarding free-standing monument signage to permit three(3)monument signs on the property sized up to 15' wide and up to 10' tall which exceeds the permitted number, overall size and location Ordinance No.2017-L Page 2 for such signage on business zoned properties, subject to the signs being constructed in phases; and 2. Relief from Section 10-20-9-B of the Zoning Ordinance regarding temporary signage to permit a temporary development sign on the property with an overall size of 6' x 8' which exceeds the maximum overall size and height for such signage on business zoned properties. WHEREAS, notice of a public hearing before the Planning and Zoning Commission on the proposed amended planned unit development was duly published in a newspaper of general circulation in the City; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on the 8 day of February, 2017 to consider the amendment to the planned development and approval of a Final Planned Unit Development plat; and, WHEREAS, the Planning and Zoning Commission reviewed the development standards in Section 10-8-10 and after said hearing the Planning and Zoning Commission made a recommendation to approve the amended planned unit development and approval of the Final Planned Unit Development Plat. WHEREAS, the Corporate Authorities have reviewed the Planning and Zoning Commission's recommendations and hereby approves the final planned unit development plan of the proposed development subject to conditions hereinafter stated. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated herein and made a part of this Ordinance. Section 2: The Mayor and City Council hereby approve as a special use a planned unit development and its Final Planned Unit Development Plat dated 01/05/2017 prepared by HR Green and attached hereto and made a part hereof as Exhibit B for the Subject Property subject to the following conditions: A. That the development shall be constructed, operated and maintained in accordance with the Final Planned Unit Development Plat dated 01/05/2017 prepared by HR Green. B. That the development shall be constructed, operated and maintained in accordance with the following conditions: (1) The proposed three (3) free-standing monument signs depicted on the Final Planned Unit Development Plat will be constructed in phases. The first phase will consist of no more than two (2) signs located along Cannonball Trail,just south of Ordinance No.2017- 1 Page 3 the main entrance driveway. The second phase will consist of the remaining one (1) sign, located along Cannonball Trail north of the main entrance driveway and just south of the future right-in/right-out access drive, to be installed after the issuance of as building permit and as part of the construction of the proposed future building. (2) Approval by the City Engineer of preliminary and final engineering plans, (3) Approval by the City staff of the landscape and photometric plans. (4) Approval by the City staff of building fagade materials to ensure consistency with Section 8-15-5: Criteria for Appearance of the Yorkville Building Regulations for new non-residential structures whereby at least 50% of the total building is constructed of masonry products or precast concrete and incorporated as follows: a. Front Facade: At least 50% shall incorporate masonry products or precast concrete. b. Any other facade that abuts a street shall incorporate masonry products or precast concrete. Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois,this Q D day of r 2017. c. City Clerk t CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI JOEL FRIEDERS CHRIS FUNKHOUSER DIANE TEELING SEAVER TARULIS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this J day of h(oViYKBE , 2017. AAK May Ordinance No.2017- Page 4 EXHIBIT A Legal Description of Subject Property THAT PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 88 DEGREES 41 MINUTES I 1 SECONDS WEST ALONG THE SOUTH LINE OF OAK KNOLLS SUBDIVISION, 317.68 FEET TO THE CENTER LINE OF CANNONBALL TRAIL; THENCE SOUTH 21 DEGREES 49 MINUTES 35 SECONDS WEST ALONG SAID CENTER LINE 219.07 FEET TO THE NORTHERLY LINE OF A TRACT CONVEYED TO KENDALL COUNTY BY DOCUMENT NO 907978; THENCE SOUTH 68 DEGREES 10 MINUTES 25 SECONDS EAST ALONG SAID NORTH LINE 35.0 FEET TO THE EAST LINE OF CANNONBALL TRAIL; THENCE SOUTH 18 DEGREES 56 MINUTES 6 SECONDS WEST ALONG SAID EAST LINE 198.25 FEET TO AN ANGLE POINT; THENCE SOUTH 21 DEGREES 49 MINUTES 35 SECONDS WEST ALONG SAID EAST LINE 185.73 FEET TO AN ANGLE POINT; THENCE SOUTH 45 DEGREES, 10 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE 73.20 FEET TO THE NORTHERLY LINE OF U.S. ROUTE NO. 34; THENCE EASTERLY ALONG SAID NORTHERLY LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 7,538.42 FEET, AN ARC DISTANCE OF 462.40 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 49 MINUTES 35 SECONDS WEST ALONG SAID EAST LINE 697.74 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. (PERMANENT INDEX NUMBER: 02-29-100-004 AND 02-29-100-005) EXHIBIT B Final Planned Unit Development Plat UGIING ZONING:P.V.D. 8-1...o) PROPOSED ZOMNO:(P.U.D)B-2 • IX.LOT 612E:267,812*S0.M(6-J AB AC.) (i/, SETBACK REQUIREMENTS: 1\/ \N g/ C - , .NOT�_F0,1� `CON�T�iHCTION • iR011f YAM-ND MINIMUM ` /�"� a LVI SING SCREEN ( _ _ CORNER SIDE YARD-JO' /\I /x �FJTURE -_. - l SIDE YMD-JO•RRMSOIONAL YARD) °/ ac�Ess ---. ' • REM YARD-JO•(TRMBGIONAL YMD> • VHDSCAPING BUFFER A SIE BUILDING AREA: PFI"`. mOPosED z-srom euLaNc:ASSISIm LMrw omc N E OFRCE WMNG: //ri' 4 iIl ,' � -- • TOTAL MIMMI?OF DWEWW UNI1B:ZS / /,• .1PASN -•,� `• • LOT COYFRAGE W WT EXCEED CWS ZONNG REW"I / / �/ REOMgNC MAXIMUM IMPERNd1J SURFACE(CBs OF TME GROSJ LOT / /1 _ _ 0 - 0 PARKING DATA: /al - . NUMBER OF REGULM PARRINO STMLS: NUMBER OF ADA SPALLS:Jcc TOTAL NUMBER OF SGLLS:48 / /'I /�',f S TOTAI NUMBER OF WV REWIRED:JT /l h/ EL T pNMw wroTN:a.D• /10' P /it12 - i / / v -ISE 4 6.148 = IYPIVL ANMNG LENCTII TYPMl1 ISLE WE :24'MN. CC _.GRATS:0.6J PER OWELLMC u- , / L_ - r' /i - —ING RATIO WO"—0.3 PER DWEILNG U- W )' / PR@ o=F Z STORY / k IBUILDIN,� 1 R "/ 4 91 � rLT i �Q�IJ fl ® / /i n r KENDALL MARKETPLACE 1/0 ARM 77 e a / u -_ --------- t ` _____snc`__ L'MZb' R. 42' S. RDUTE34 ` RAINS=p �•7 w ar �-y M1BCN9CIBN -"—�---s� '4RKWAY ,- _ m., ,`• i