Ordinance 2019-23 ]DEBBIE t.iJLL-L-E'FY-E
RECORDER - KE.NllHL.L COUNTY, IL
i<ECOW. 5/2/N19 10:03 AN
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UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2019-23
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING THE REZONING TO THE B-3 GENERAL BUSINESS ZONING DISTRICT
AND THE A-I AGRICULTURAL DISTRICT OF THE PROPERTY LOCATED
NEAR THE INTERSECTION OF ILLINOIS ROUTES 71 AND 126 AND
REPEAL OF ORDINANCE 2008-42 AS IT APPLIES TO THE PROPERTY
(Hively Landscaping)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 91 day of April,2019
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 May 1,2019.
STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
Ordinance No.2019 1)_L9-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING THE REZONING TO THE B-3 GENERAL BUSINESS
ZONING DISTRICT AND THE A-1 AGRICULTURAL DISTRICT OF THE
PROPERTY LOCATED NEAR THE INTERSECTION OF
ILLINOIS ROUTES 71 AND 126 AND REPEAL OF ORDINANCE 2008-42
AS IT APPLIES TO THE PROPERTY
(Hively Landscaping)
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, Matthew Hively (the "Applicant") is the developer and contract purchaser
of three vacant parcels located at the southwest intersection of Illinois Routes 71 and 126
("Parcel A"), the southeast intersection of Illinois Routes 71 and 126 ("Parcel B"), and nearby
south of Illinois Route 71 ("Parcel C") all within the corporate limits of the City legally
described in Section 2 and as shown on Exhibit A attached hereto and made a part hereof, and is
seeking rezoning of Parcels A and B into the B-3 General Business District and Parcel C into the
A-1 Agricultural District; and,
WHEREAS, Parcels A, B, and C were annexed to the City and zoned pursuant to
Ordinance No. 2008-42, AN ORDINANCE REZONING CERTAIN PROPERTY IN
FURTHERANCE OF AN ANNEXATION AGREEMENT (Windmill Farms) recorded with the
Ordinance No.2019- cx
Page 2
Kendal County Recorder's Office on July 12, 2008 as document 200800016876 into the Planned
Unit Development Zoning District; and,
WHEREAS, the City in the adoption of its revised Zoning Ordinance and Zoning Map
by Ordinance 2014-73, entitled AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, AUTHORIZING THE ADOPTION OF A NEW AMENDED
YORKVILLE ZONING ORDINANCE, adopted November 25, 2014, repealed the Planned Unit
Development Zoning District and rezoned Parcels A, B, and C as shown on the revised Zoning
Map; and,
WHEREAS, with the deletion of the Planned Unit Development zoning district and
rezoning of Parcels A, B, and C as shown on the revised Zoning Map, the Zoning Ordinance
adopted as Ordinance No. 2008-42 is no longer valid and can be repealed to clarify the zoning of
Parcels A, B, and C; and,
WHEREAS, the Applicant desires to rezone Parcels A, B, and C from the districts
shown on the revised Zoning Map into the districts stated above; and,
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on March 13, 2019, to consider the rezoning after publication of notice and notice to property
owners within five hundred(500) feet of the Parcels A, B, and C; and,
WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in
Section 10-4-1013.4 and made findings of fact and recommendation to the Mayor and City
Council (the "Corporate Authorities") for approval of the rezoning; and,
WHEREAS, the Corporate Authorities have received and considered the
recommendation of the Planning and Zoning Commission.
Ordinance No.2019- 033
Page 3
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: That the Corporate Authorities hereby approve the rezoning of Parcels
A and B, legally described as:
That part of the Southwest quarter of Section 3, Township 36 North, Range 7 East of the third principal
meridian, described as follows: Commencing at the Southwest comer of said Southwest quarter; thence
North 00 degrees 08 minutes 14 seconds West along the West line of said Southwest quarter, 1,995.75
feet to the center line of Illinois State Route No. 71; thence North 71 degrees 23 minutes 59 seconds East
along said center line 30.45 feet to the point of intersection of said center line with center line of Illinois
State Route No. 126 for the point of beginning; thence North 71 degrees 23 minutes 59 seconds East
along said Route 71 center line 230.67 feet to a point of curvature; thence Northeasterly along a curve to
the left having a radius of 11,459.20 feet which is tangent to the last described course at the last described
point at the last description point, 1,141.60 feet to the intersection with the center line extended
Northwesterly of Wing Road;thence South 21 degrees 30 minutes 13 seconds East along said Wing Road
center line 761.0 feet;thence South 58 degrees 16 minutes 47 seconds West 265.38 feet to said Route 126
center line; thence Northwesterly along said Route 126 center line being along a curve to the left and
having a radius of 2292.01 feet which is tangent to a line drawn North 72 degrees 57 minutes 06 seconds
West from the last described point 147.83 feet; thence North 76 degrees 38 minutes 49 seconds West
along said Route 126 center line 850.98 feet thence Northwesterly along said Route 126 center line being
along a curve to the right and having a radius of 2,148.79 feet which is tangent to the last described course
at the last described point,383.53 feet to the point of beginning,
Excepting therefrom that part described as follows: that part of the Southwest quarter of Section 3,
Township 36 North,Range 7 East of the third principal meridian described as follows:
Commencing at the Southwest corner of said Southwest quarter; thence North 00 degrees 08 minutes 14
seconds West along the West line of said Southwest quarter 1,995.75 feet to the center line of Illinois
State Route 71; thence North 71 degrees 23 minutes 59 seconds East along said Route 71 center line
261.12 feet to a point of curvature; thence Northeasterly along a curve to the left having a radius of
11,459.20 feet which is tangent to the last described course 1,141.60 feet to the intersection with the
center line extended Northwesterly of Wing Road for the point of beginning; thence South 21 degrees 30
minutes 13 seconds East along said Wing Road center line 258.05 feet; thence South 68 degrees 29
minutes 47 seconds West 200.0 feet; thence North 21 degrees 30 minutes 13 seconds West parallel with
said Wing Road center line 250.0 feet to said Route 71 center line; thence Northeasterly along said Route
71 center line 200.16 feet to the point of beginning, in the United City of Yorkville, Kendall County,
Illinois.
And also excepting, that part of the Southwest quarter of Section 3 in Township 36 North, Range 7 East
of the third principal meridian,Kendall County, Illinois, described as follows with bearings referenced to
the Illinois State Plane Coordinate System East Zone(NAD83); commencing at the Southwest corner of
the Southwest quarter of said Section 3; thence North 01 degree 35 minutes 30 seconds West, 1995.04
feet along the West line of said Southwest quarter to the centerline of a public highway designated 1171;
thence North 69 degrees 55 minutes 19 seconds East, 31.52 feet along said centerline to the point of
beginning, from the point of beginning;thence North 69 degrees 55 minutes 19 seconds East,230.66 feet
along said centerline; thence Northeasterly, 940.58 feet along an 11,479.02 foot radius curve to the left
having a chord bearing North 67 degrees 34 minutes 29 seconds East, 940.31 feet; thence South 22
degrees 56 minutes 31 seconds East, 60.03 feet; thence Southwesterly, 418.10 feet on an 11,539.02 foot
Ordinance No.2019- ;23
Page 4
radius curve to the right having a chord bearing South 66 degrees 16 minutes 29 seconds West, 418.08
feet; thence South 59 degrees 24 minutes 09 seconds West, 71.10 feet; thence South 25 degrees 14
minutes 24 seconds West, 60.52 feet; thence Southeasterly, 570.87 feet on an 875.00 foot radius curve to
the left having a chord bearing South 55 degrees 22 minutes 46 seconds East, 560.80 feet; thence South
74 degrees 04 minutes 13 seconds East,274.41 feet;thence South 64 degrees 05 minutes 29 seconds East,
35.85 feet; thence South 56 degrees 49 minutes 00 seconds West 64.56 feet to the center line of a public
highway designated IL 126; thence Northwesterly, 162.08 feet on said centerline being a 2,291.64 foot
radius curve to the left having a chord bearing North 76 degrees 16 minutes 12 seconds West, 162.05 feet
thence North 78 degrees 17 minutes 46 seconds West, 357.37 feet on said centerline; thence North 53
degrees 52 minutes 46 seconds West, 96.76 feet to the existing Northerly right of way line of IL 126,
thence Northwesterly, 297.03 feet on a 990.00 foot radius curve to the right having a chord bearing North
45 degrees 17 minutes 03 seconds West, 295.92 feet; thence North 36 degrees 39 minutes 21 seconds
West, 23.77 feet; thence North 77 degrees 19 minutes 38 seconds West, 84.74 feet; thence South 69
degrees 03 minutes 36 seconds West, 100.61 feet; thence South 69 degrees 55 minutes 52 seconds West,
149.98 feet to the Southerly right of way line of said IL 71; thence South 65 degrees 32 minutes 40
seconds West, 113.94 feet to the centerline of said IL 126; thence Northwesterly, 119.55 feet on said
centerline being a 2170.59 foot radius curve to the right having a chord bearing North 69 degrees 20
minutes 17 seconds West, 119.54 feet to the point of beginning,
with Property Index Numbers 05-03-300-035 and 05-03-300-039 into the B-3 General
Business District.
Section 3: That the Corporate Authorities hereby approve the rezoning of Parcel
C, legally described as:
That part of the Northeast quarter of Section 3,Township 36 North,range 7 East of the third principal
meridian described as follows: Beginning at the Southwest corner of said Northeast quarter;thence North
01 degrees 34 minutes 52 seconds West along the West line of said Northeast quarter 245.12 feet;thence
South 84 degrees 27 minutes 30 seconds East 198.51 feet;thence North 00 degrees 42 minutes 30
seconds West 423.02 feet to the center line of Illinois State Route No. 71;thence North 60 degrees 02
minutes 30 seconds East along said center line 472.59 feet to a line drawn North 00 degrees 10 minutes
48 seconds East parallel with the West line of said Northeast `/4,from a point on the South line of said
Northeast`/4 which is 598.62 feet Easterly of the Southwest corner of said Northeast`4;thence South 00
degrees 10 minutes 48 seconds West along said parallel line 880.56 feet to said South line;thence South
89 degrees 34 minutes 48 seconds West along said South line 598.62 feet to the point of beginning,being
a portion of a larger parcel of land described as parcel 3 in Quit Claim Deed recorded on April 24,2017
as Document 2001700006075, in Kendall County,Illinois,
with Property Index Number 05-03-200-022 into the A-1 Agricultural District.
Section 4: That pursuant to the recitals stated above, Ordinance No. 2008-42,AN
ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION
AGREEMENT(Windmill Farms) be and is hereby repealed as it applies to Parcels A, B, and C
and this Ordinance is recorded only for the purpose of repeal of that ordinance. The zoning
approved by this Ordinance does not require the recording of this Ordinance and the Zoning Map
of the City shall be changed to show the zoning changes as adopted herein that may be amended
Ordinance No.2019-93
Page 5
in the future pursuant to the United City of Yorkville Zoning Ordinance without repeal of this
Ordinance.
Section 5: This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Pas by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , 2019.
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
Y
CHRIS FUNKHOUSER JOEL FRIEDERS
1
SEAVER TARULIS JASON PETERSON
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this
<X day of APK l L , 2019.
r MAYOR
Ordinance No.2019- 3
Page 6
Exhibit A
Legal Description
Parcels A and B, legally described as:
That part of the Southwest quarter of Section 3, Township 36 North, Range 7 East of the third principal
meridian, described as follows: Commencing at the Southwest corner of said Southwest quarter; thence
North 00 degrees 08 minutes 14 seconds West along the West line of said Southwest quarter, 1,995.75
feet to the center line of Illinois State Route No. 71; thence North 71 degrees 23 minutes 59 seconds East
along said center line 30.45 feet to the point of intersection of said center line with center line of Illinois
State Route No. 126 for the point of beginning; thence North 71 degrees 23 minutes 59 seconds East
along said Route 71 center line 230.67 feet to a point of curvature; thence Northeasterly along a curve to
the left having a radius of 11,459.20 feet which is tangent to the last described course at the last described
point at the last description point, 1,141.60 feet to the intersection with the center line extended
Northwesterly of Wing Road;thence South 21 degrees 30 minutes 13 seconds East along said Wing Road
center line 761.0 feet;thence South 58 degrees 16 minutes 47 seconds West 265.38 feet to said Route 126
center line; thence Northwesterly along said Route 126 center line being along a curve to the left and
having a radius of 2292.01 feet which is tangent to a line drawn North 72 degrees 57 minutes 06 seconds
West from the last described point 147.83 feet; thence North 76 degrees 38 minutes 49 seconds West
along said Route 126 center line 850.98 feet thence Northwesterly along said Route 126 center line being
along a curve to the right and having a radius of 2,148.79 feet which is tangent to the last described course
at the last described point,383.53 feet to the point of beginning,
Excepting therefrom that part described as follows: that part of the Southwest quarter of Section 3,
Township 36 North,Range 7 East of the third principal meridian described as follows:
Commencing at the Southwest corner of said Southwest quarter; thence North 00 degrees 08 minutes 14
seconds West along the West line of said Southwest quarter 1,995.75 feet to the center line of Illinois
State Route 71; thence North 71 degrees 23 minutes 59 seconds East along said Route 71 center line
261.12 feet to a point of curvature; thence Northeasterly along a curve to the left having a radius of
11,459.20 feet which is tangent to the last described course 1,141.60 feet to the intersection with the
center line extended Northwesterly of Wing Road for the point of beginning; thence South 21 degrees 30
minutes 13 seconds East along said Wing Road center line 258.05 feet; thence South 68 degrees 29
minutes 47 seconds West 200.0 feet; thence North 21 degrees 30 minutes 13 seconds West parallel with
said Wing Road center line 250.0 feet to said Route 71 center line; thence Northeasterly along said Route
71 center line 200.16 feet to the point of beginning, in the United City of Yorkville, Kendall County,
Illinois.
And also excepting, that part of the Southwest quarter of Section 3 in Township 36 North, Range 7 East
of the third principal meridian, Kendall County, Illinois, described as follows with bearings referenced to
the Illinois State Plane Coordinate System East Zone(NAD83); commencing at the Southwest corner of
the Southwest quarter of said Section 3; thence North 01 degree 35 minutes 30 seconds West, 1995.04
feet along the West line of said Southwest quarter to the centerline of a public highway designated 11 71;
thence North 69 degrees 55 minutes 19 seconds East, 31.52 feet along said centerline to the point of
beginning, from the point of beginning; thence North 69 degrees 55 minutes 19 seconds East, 230.66 feet
along said centerline; thence Northeasterly, 940.58 feet along an 11,479.02 foot radius curve to the left
having a chord bearing North 67 degrees 34 minutes 29 seconds East, 940.31 feet; thence South 22
degrees 56 minutes 31 seconds East, 60.03 feet; thence Southwesterly, 418.10 feet on an 11,539.02 foot
radius curve to the right having a chord bearing South 66 degrees 16 minutes 29 seconds West, 418.08
feet; thence South 59 degrees 24 minutes 09 seconds West, 71.10 feet; thence South 25 degrees 14
minutes 24 seconds West, 60.52 feet; thence Southeasterly, 570.87 feet on an 875.00 foot radius curve to
the left having a chord bearing South 55 degrees 22 minutes 46 seconds East, 560.80 feet; thence South
74 degrees 04 minutes 13 seconds East,274.41 feet;thence South 64 degrees 05 minutes 29 seconds East,
35.85 feet; thence South 56 degrees 49 minutes 00 seconds West 64.56 feet to the center line of a public
highway designated IL 126; thence Northwesterly, 162.08 feet on said centerline being a 2,291.64 foot
radius curve to the left having a chord bearing North 76 degrees 16 minutes 12 seconds West, 162.05 feet
thence North 78 degrees 17 minutes 46 seconds West, 357.37 feet on said centerline; thence North 53
degrees 52 minutes 46 seconds West, 96.76 feet to the existing Northerly right of way line of IL 126,
thence Northwesterly, 297.03 feet on a 990.00 foot radius curve to the right having a chord bearing North
45 degrees 17 minutes 03 seconds West, 295.92 feet; thence North 36 degrees 39 minutes 21 seconds
West, 23.77 feet; thence North 77 degrees 19 minutes 38 seconds West, 84.74 feet; thence South 69
degrees 03 minutes 36 seconds West, 100.61 feet; thence South 69 degrees 55 minutes 52 seconds West,
149.98 feet to the Southerly right of way line of said IL 71; thence South 65 degrees 32 minutes 40
seconds West, 113.94 feet to the centerline of said IL 126; thence Northwesterly, 119.55 feet on said
centerline being a 2170.59 foot radius curve to the right having a chord bearing North 69 degrees 20
minutes 17 seconds West, 119.54 feet to the point of beginning,
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Parcel C, legally described as:
That part of the Northeast quarter of Section 3,Township 36 North,range 7 East of the third principal
meridian described as follows: Beginning at the Southwest corner of said Northeast quarter;thence North
01 degrees 34 minutes 52 seconds West along the West line of said Northeast quarter 245.12 feet;thence
South 84 degrees 27 minutes 30 seconds East 198.51 feet;thence North 00 degrees 42 minutes 30
seconds West 423.02 feet to the center line of Illinois State Route No. 71;thence North 60 degrees 02
minutes 30 seconds East along said center line 472.59 feet to a line drawn North 00 degrees 10 minutes
48 seconds East parallel with the West line of said Northeast '/4,from a point on the South line of said
Northeast 1/4 which is 598.62 feet Easterly of the Southwest corner of said Northeast 1/4;thence South 00
degrees 10 minutes 48 seconds West along said parallel line 880.56 feet to said South line;thence South
89 degrees 34 minutes 48 seconds West along said South line 598.62 feet to the point of beginning,being
a portion of a larger parcel of land described as parcel 3 in Quit Claim Deed recorded on April 24,2017
as Document 2001700006075, in Kendall County,Illinois,
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