Ordinance 2005-098 200800013495
Filed for Record in
KENDALL COUNTY, ILLINOIL
RENNETTA S MICKELSON
STATE OF ILLINOIS ) 06 - 02 -2008 At 02 :26 am.
ORDINANCE 53.00
) ss 10.00 COUNTY OF KENDALL RHSF Surcharge 10.
)
ORDINANCE NO. 2005-
AN ORDINANCE GRANTING REZONING FOR
PROPERTY AT 708 -710 NORTH BRIDGE STREET
FROM R -3 GENERAL RESIDENCE DISTRICT
TO
B -1 LIMITED BUSINESS DISTRICT
WHEREAS, the City Council, and the City Plan Commission of the United City of
Yorkville have held all necessary Public Hearings and considered the application of
Janice Van Riper, as Petitioners, and Donald and Charlotte Morris and James and Lynn
Hall as Owners of the real property legally described in the attached Exhibit "A" for the
purpose of modifying and amending the zoning of said real property to provide a change
in Zoning from R -3 General Residence District to B -1 Limited Business District; and
WHEREAS, publication was duly made in the Kendall County Record giving notice
to all those interested parties as required under Illinois Compiled Statutes and Ordinances
of the United City of Yorkville of the proposed amendment to the Zoning Map of the
United City of Yorkville, modifying and amending the zoning of the real property legally
described in the attached Exhibit "A" from R -3 General Residence District to B -1
Limited Business District; and
WHEREAS, the recommendation made from the Plan Commission to the City
Council has recommended denial of the request for approval of said amendment to the
Zoning Map of the United City of Yorkville permitting said property to be zoned to B -1
Limited Business District, and
WHEREAS, the corporate authorities of the City have reviewed and considered a
development agreement in the fonn set forth in Exhibit "A" (which includes the legal
description of the property to be rezoned to R -3 Residence District), including conditions
upon which the Owner and its successors, heirs, and assigns shall be permitted all uses on
the subject parcel contained in the United City of Yorkville Zoning Ordinances for B — 1
Limited Business District (a copy of which is attached hereto and incorporated herein as
Exhibit `B ") including any amendment which may be added as to the list of permitted
uses by City Ordinance at any time in the future as to permitted uses.
NOW THEREFORE, UPON MOTION DULY MADE, SECONDED AND APPROVED
by a majority of those members voting on the City Council of the United City of
Yorkville do hereby ORDAIN and APPROVE an amendment to the Zoning Map of the
United City of Yorkville changing the zoning of the subject parcel described in the
attached Exhibit "A" from R -3 General Residence District to B -1 Limited Business
District and to approve the development agreement attached as Exhibit "A ".
WANDA OHARE ,, JOSEPH BESCO l�
DEAN WOLFER � PAUL JAMES
VALERIE BURD MARTY MUNNS r'
ROSE SPEARS � JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this a, Day of , A.D. 2005.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this a--\ day of , A.D. 2005.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
I
EXHIBIT "A"
! LEGAL DESCRIPTION:
LOT 2 OF PERKINS TOWNHOME ADDITION, YORKVILLE, KENDALL
COUNTY, ILLINOIS.
i'
200700002838
Filed for Record in
KENDALL COUNTYr ILLINOIS
STATE OF ILLINOIS ) PAUL ANDERSON
01 -24 -2007 At 11:47 am.
) SS AGREEMENT 44.00
COUNTY OF KENDALL ) RHSP Surcharge 10.00
DEVELOPMENT AGREEMENT
FOR
JANICE L. VAN RIPER
( JANICE L. VAN RIPER INSURANCE AGENCY INCORPORATED)
i
i
Prepared by & Return to:
Law Offices of Dallas C. Ingemunson, P.C.
226 South Bridge Street, P.O. Box 578
Yorkville, IL 60560
Phone: 630 -553 -5622 /Fax: 630 -553 -7958
1
I
DEVELOPMENT AGREEMENT
This Development Agreement, hereinafter referred to as "Agreement ", is made an entered into this
27" day of December, 2005, by and between JANICE L. VAN RIPER and JANICE L.VAN RIPER
INSURANCE AGENCY, INCORPORATED an Illinois Corporation, hereinafter referred to as
"OWNER/DEVELOPER ", and the United City of Yorkville, Illinois, a Municipal Corporation,
hereinafter referred to as "CITY ". The OWNER/DEVELOPER and the CITY may hereinafter be
referred to as the Parties.
WITNESSETH
WHEREAS, the OWNER/DEVELOPER is the Owner of certain real property, hereinafter
referred to as "Property ", located in the CITY and legally described as set forth in Exhibit "A"
attached hereto and incorporated by references as if more fully set forth; and
WHEREAS, the Property is located within the United City of Yorkville and is currently
zoned R -2 One Family Residential District and is commonly known as 708 -710 North Bridge Street,
Yorkville, Illinois; and
WHEREAS, the OWNER/DEVELOPER has petitioned the CITY to rezone the property to
B -1 General Business District; and
WHEREAS, the CITY has determined that the terms and conditions set forth herein will
serve a public use and will promote the health, safety, prosperity, security, and general welfare of
the inhabitants and taxpayers of the CITY; and
WHEREAS, the OWNER/DEVELOPER has informed the CITY that she intends to utilize
the property as an insurance agency; and
WHEREAS, the OWNER/DEVELOPER, their vendors, grantees, assigns, successors,
trustees, and all others holding any interest now or in the future, agree and enter into this contract,
which shall operate as a covenant running with the land and be binding upon any future owner or
developer and their representatives.
NOW, THEREFORE, the CITY and the OWNER/DEVELOPER, in consideration of the
mutual covenants and agreements contained herein, do mutually agree as follows.
ARTICLE I
LANDSCAPE AND BUFFERING
The OWNER/DEVELOPER agrees that she shall comply with and conform the landscape
improvements for the subject property in conformance with the United City of Yorkville Landscape
2
Ordinance and according to the Site Plan attached hereto and incorporated herein as Exhibit "B ",
within one year of execution of this Agreement.
The OWNER/DEVELOPER further agrees that no parking shall be permitted within the
common driveway shared with the premises located a 712 -714 N. Bridge Street, Yorkville and
identified as the common drive easement in Exhibit `B."
ARTICLE II
PROPERTY DEVELOPMENT
The Development of the Property shall be pursuant to the preliminary site plan approved by
the United City of Yorkville which is attached hereto and incorporated herein as Exhibit "B" which
shall further contain all preliminary landscape requirements to be developed on site. In the event that
OWNER/DEVELOPER or their heirs, successors or assigns desire to deviate from the site plan
attached as Exhibit `B" approval from the United City of Yorkville City Council must be obtained.
That OWNER/DEVELOPER will be bound by any Architectural Overlay Ordinance or
similar ordinance enacted by the CITY after the date of execution of this Agreement, so long as the
same are applied to the surrounding properties with similar zoning classification in a
nondiscriminatory manner.
That OWNER/DEVELOPER will comply with the sign ordinance of the United city of
Yorkville. However, notwithstanding anything contrary in the sign ordinance, any sign erected on
the subject property shall be limited to 12 feet in height.
That OWNER/DEVELOPER will construct a sidewalk in the front yard after the Route 47
Widening project has been completed. The sidewalk shall be constructed to be similar to and in
accordance with the other sidewalk construction on the East side of the Route 47 widening project
near the subject property.
ARTICLE III
PROPERTY USE
The OWNER/DEVELOPER and CITY acknowledge that the Property is rezoned to B -1
General Business District, and any permitted uses as defined by the United City of Yorkville Zoning
Code B -1 General Business District shall be allowable uses on the Property. Further, the current
owners shall be allowed to maintain their portion of the property as a residence for a period of one
year after execution of the development agreement.
ARTICLE IV
3
EFFECTIVE DATE
The effective date of this Agreement shall be the date of execution by the Parties.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their
successors in interest, assignees, lessees, and upon any successor municipal authorities of the
CITY and successor municipalities and shall be enforceable according to its terms and
conditions under the laws of the State of Illinois.
B. The various parts, sections, and clauses of this Agreement are hereby declared to be
severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional
or invalid by a Court of competent jurisdiction, the remainder of the Agreement shall not be
affected thereby.
C. All notices provided for herein shall be in writing and shall be deemed effective when
personally delivered or three days after such notices have been mailed by certified or
registered mail, postage prepaid, return receipt requested, to the Parties at the addresses given
below or at such other address as may be specified by written notice.
If to OWNER/DEVELOPER:
Janice L. Van Riper
49 East Rickard Drive
Oswego, IL 60543
If to the CITY:
United City of Yorkville United City of Yorkville
Attn: John Wyeth, City Attorney Attn: , City Administrator
1107A Bridge Street 800 Game Farm Road
Yorkville, IL 60560 Yorkville, IL 60560
IN WITNESS WHEREOF, the Parties have executed this Agreement this a7 day of
L�FCS11�18 , 2005.
United City of Yorkville, Illinois
4
By:
Arthur . Prochaska, Jr., Mayor
ATTEST:
City Jerk (�
i
OWNER/DEVELOPER JANICE L. VAN RIPER INSURANCE
AGENCYINCORPORATED
6 4t
Janice L. Van Riper Ja ce L. Van Riper Insurance Agency Incorporated
5
EXHIBIT LIST
Exhibit "A" - Legal Description
Exhibit `B" - Preliminary Site Plan & Preliminary Landscape Plan
6
EXHIBIT "A"
LEGAL DESCRIPTION:
LOT 2 OF PERKINS TOWNHOME ADDITION, YORKVILLE, KENDALL
COUNTY, ILLINOIS.
ZONING SKETCH EXHIBIT
DF
LOT 2 OF PERKINS TOWNHOYE ADDITION, YORKVILLE. 49
—N— KENDALL COUNTY, ILLINgS. IN THE VILLAGE OF YORKVILLE,
KENDALL COUNTY, ILLINOIS.
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JACKSON ZONING, OWNER /DEVELOPER:
CURRENT: R - 2 DUPLEX JANICE VAN RIPER
APPLE TREE PROPOSED: 8-2 GENERAL BUSINESS 602 CENTER PARKWAY, SUITE C
LN. DIST. YORKVILLE. IL 60560
PROPERTY
L
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C PARK Si
SOMON'u ST R B $ ASSOCIATES
LAND SURVEYORS, INC.
LOCATION MAP 4 West Main Street
(NOT TO SCALE) Plano, Illinois 60545
PREPARED: SEPTEMBER 23, 2005 (630) 552 -7452
DESIGN FIRM NO. 184. 004475
DWOS 200572727.002 8 (ZONE)
i
10 -713-1 10 -713-1
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE B. B -1 LIMITED BUSINESS DISTRICT
SECTION:
10 -713-1: Uses Permitted
10 -713-2: Special Uses
10 -713-3: Lot Area
10 -713-4: Yard Areas
10 -713-5: Lot Coverage
10 -713-6: Maximum Building Height
10 -713-7: Off Street Parking And Loading
10 -76 -8: Single - Family Apartments In Business Buildings
10 -713-1: USES PERMITTED:
All uses permitted in the O district.
Antique sales.
Apartments, single - family, located in business buildings'.
Bakery - retail.
Barbershop.
Beauty shop.
Bookstore.
Cafeteria (diner).
Camera shop.
1. See section 10 -713-8 of this article.
September 2003
City of Yorkville
10 -7B -1 10 -7B -1
Church or other place of worship.
Cigar, cigarette and tobacco store.
Clothes - pressing and repair.
Club - private indoor.
Club - private outdoor.
1
Community center.
f
Dressmaker - seamstress.
Drugstore.
Florist sales.
Fruit and vegetable market - retail.
Gift shop.
Grocery store - supermarket.
i
Gymnasium.
Health food store.
Hobby shop.
Hospital (general).
Hospital or treatment center.
Household furnishing shop.
Ice cream shop. �.
Jewelry - retail.
Laundry, cleaning and dyeing - retail.
Library.
Magazine and newsstand.
September 2003
City of Yorkville
10 -713-1 10 -713-2
Meat market.
Medical clinic.
Mortuary - funeral home.
Park.
Photography studio.
Playground.
Post office.
Professional building.
Recreation center.
Restaurant.
Shoe and hat repair.
Substation.
Swimming pool indoor.
Tennis club - private or daily fee.
Trailer. (Ord. 1973 -56A, 3 -28 -1974; amd. 1994 Code; Ord. 1994-1A,
2 -10 -1994; Ord. 2003 -41, 7 -22 -2003)
10 -76 -2: SPECIAL USES:
A. Allowed:
All special uses permitted in O district.
Liquor store.
Tavern - nightclub. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1978 -10,
9 -28 -1978)
B. Prohibited:
Daycare centers. (Ord. 1995 -20, 8 -10 -1995)
September 2003
City of Yorkville
10 -76 -3 10 -713-5
10 -76 -3: LOT AREA: No lot shall have an area less than ten thousand
(10,000) square feet. (Ord. 1973 -56A, 3 -28 -1974)
10 -713-4: 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 thirty feet (30'). (Ord.
1973 -56A, 3 -28 -1974)
B. Side Yards:
1. A minimum side yard shall be required between buildings within
the B -1 district of twenty feet (20') between a building constructed
thereon and the side lot line, except in any existing B -1 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
twenty feet (20') 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 -1 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 than twenty feet (20') 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)
10 -713-5: LOT COVERAGE: Not 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)
September 2003
City of Yorkville
' I
10 -713-6 10 -713-8
10 -7B -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 -1974)
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 -1974)
10 -713-8: SINGLE - FAMILY APARTMENTS IN BUSINESS BUILD-
INGS:
A. Buildings To Comply With BOCA Code: Apartments may be on any
floor of a business building, in conformance with BOCA Code.
B. Containment Within Business Building: Said apartment must be
contained in the business building and not exist separate and apart
from the building.
C. Number Of Apartments: In the case of a business which contained
more than one apartment on a second floor above a first floor
business, said business is allowed to have two (2) apartments
maximum.
D. Conflicting Provisions Repealed:
1. Any and all zoning ordinances which prohibit apartments in
property zoned for business are hereby specifically revoked.
2. This amendment shall replace any ordinance which prohibits
apartments in property zoned for business. (Ord. 1994-1A,
2 -10 -1994)
January 2000
City of Yorkville