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Ordinance 2022-15 Ill llll 11111111111111111 202200010974 DEBBIE GILLETTE RECORDER-KENDALL COUNTY.IL RECORDED:6/27/2022 11:45 AM ORDI: 57.00 RHSPS FEE: 10.00 PAGES: 7 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2022-15 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING THE REZONING TO THE B-3 GENERAL BUSINESS ZONING DISTRICT OF THE PROPERTY LOCATED AT 8721 ROUTE 126 AND REPEAL OF ORDINANCE 2008-42 AS IT APPLIES TO THE PROPERTY (BW PROPERTIES HOLDINGS, LLC/BRICOLAGE WELLNESS,PLLC) Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 26th day of April,2022 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 June 21,2022. STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 2022-15 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING THE REZONING TO THE B-3 GENERAL BUSINESS ZONING DISTRICT OF THE PROPERTY LOCATED AT 8721 ROUTE 126 AND REPEAL OF ORDINANCE 2008-42 AS IT APPLIES TO THE PROPERTY (BW Properties Holdings,LLC/Bricolage Wellness,PLLC) 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, BW Property Holdings, LLC/Bricolage Wellness, PLLC (the "Applicant") is the contract purchaser of an approximately 1.17 acre parcel located at 8721 Route 126 ( the "Subject Property") 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 the Subject Property into the B-3 General Business District; and, WHEREAS, the Subject Property was 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 Kendall 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 Ordinance No.2022-15 Page 1 YORKVILLE ZONING ORDINANCE, adopted November 25, 2014, repealed the Planned Unit Development Zoning District; and, WHEREAS, with the deletion of the Planned Unit Development Zoning District, the Zoning Ordinance adopted as Ordinance No. 2008-42 is no longer valid and can be repealed to clarify the zoning of the Subject Property; and, WHEREAS, the Applicant desires to rezone the Subject Property into the B-3 General Business District; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on April 13, 2022, to consider the rezoning after publication of notice and notice to property owners within five hundred(500) feet of the Subject Property; and, WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-4-10B.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. 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 the Subject Property, 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 ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 1,995.6 FEET TO THE CENTERLINE OF ILLINOIS ROUTE 71; THENCE NORTHEASTERLY ALONG SAID CENTERLINE OF ILLINOIS ROUTE 71, 1,411.3 FEET TO THE Ordinance No.2022-15 Page 2 CENTERLINE EXTENDED NORTHWESTERLY OF THE PUBLIC ROAD RUNNING SOUTHEASTERLY FROM SAID ILLINOIS ROUTE 71, COMMONLY KNOWN AS WING ROAD; THENCE SOUTHEASTERLY ALONG THE EXTENDED CENTERLINE AND THE CENTERLINE OF SAID PUBLIC ROAD, BEING ALONG A LINE THAT FORMS AN ANGLE OF 93 DEGREES 25 MINUTES TO THE RIGHT WITH THE PROLONGATION NORTHEASTERLY OF THE TANGENT TO THE CENTERLINE OF SAID ILLINOIS ROUTE 71 AT THE LAST DESCRIBED POINT, 761 FEET FROM THE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 79 DEGREES 47 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE 265.6 FEET TO THE CENTERLINE OF ILLINOIS ROUTE 126; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE OF ILLINOIS ROUTE 126 TO THE CENTERLINE OF THE EASTERLY FORK OF THE PUBLIC ROAD AFORESAID WHICH RUNS SOUTHEASTERLY FROM SAID ILLINOIS ROUTE 71; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID PUBLIC ROAD TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. with Property Index Number 05-03-300-007 into the B-3 General Business District. Section 3: 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 the Subject Property 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 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. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 26th day of April, A.D. 2022. CIT CLERK Ordinance No.2022-15 Page 3 KEN KOCH AYE DAN TRANSIER ABSENT ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS ABSENT JASON PETERSON AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this 51%ay of M (�',� , A.D. 2022. 7-6 MAYOR Ordinance No.2022-15 Page 4 EXHIBIT A N \ PLAT OF SURVEY \ OF THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD III''' PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 1,995.E FEET TO THE CENTERLINE OF ILLINOIS ROUTE 71; THENCE NORTHEASTERLY ALONG THE SAID CENTERLINE OF ILLINOIS ROUTE 71, 1,411.3 FEET TO \ THE CENTERLINE EXTENDED NORTHWESTERLY OF THE PUBLIC ROAD RUNNING SOUTHEASTERLY FROM SAID ILLINOIS E ROUTE 71, COMMONLY KNOWN AS WING ROAD;THENCE SOUTHEASTERLY ALONG THE EXTENDED CENTERLINE AND THE .fi.T‘ \ CENTERLINE OF SAID PUBLIC ROAD, BEING ALONG A UNE THAT FORMS AN ANGLE OF 93 DEGREES 25 MINUTES TO a°" THE RIGHT WITH THE PROLONGATION NORTHEASTERLY OF THE TANGENT TO THE CENTERLINE OF SAID ILLINOIS ROUTE 71 SPA \J AT THE LAST DESCRIBED POINT, 761 FEET FOR THE POINT OF BEGINNING: THENCE SOUTHWUSItRLY ALONG A LINE \ THAT FORMS AN ANGLE OF 79 DEGREES 47 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE 265.6 FEET TO THE CENTERLINE OF ILLINOIS ROUTE 126; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE OF h5 ''-\ ILLINOIS ROUTE 126 TO THE CENTERLINE OF THE EASTERLY FORK OF THE PUBLIC ROAD AFORESAID WHICH RUNS SOUTHEASTERLY FROM SAID ILLINOIS ROUTE 71; THENCE NORTHWLSItHLY ALONG THE CENTER LINE OF SAID PUBLIC \ ROAD TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS • • POINT OF • \ BEGINNING I \ I \ \\.N • W u wY. \ 6 p9O 56 MANE o . O\ v. T \ A 9 1R9• �, >< \ ` \` A}5t' CONCRETE R.O.W. \ \ . AA2NI1MENf • b�h� aJ) 4 ,�y .fir \\ _I "N• MONUMENT RO.w. \\. - - ...T. 14tVc . F MONUMENT �•Lal ,� \ r • :,-2�5 \ - A7 COMMENCING .• HERE • - o� �m iD�3.y\ �� • 4 y 3, EA°F2A]a - • \ :As q•A STATE OFILLINOISjS,S. \ILLINOIS COUNT'OF KENDALL 5 \ \ • THIS IS TO amine THAT I.AN ILLINOIS LAND SURVEYOR, \ HAVE SURVEYED THE PROPERTY DESCRIBED ABOVE AND THAT \ \ 1HE ABSEILED PUT 5 A CORRECT REPRESENTATION OF SAID SURVEY.MIS PROFESSOWL SERVICE CONFORMS TO THE • CURRENT EU M NOIs EINE STANDARD"FOR A BOUNDARY SURVEY. �� \ CNFH UNDER MY REND AND SUL AT OSWEW,NLNDIS, ORDERED EN: THIS 2yQ DAY OF(�F/TRRIMARY ,,A1.-2021/ /��/[�• y • ILLINOIS LAND1/14 5S 41 ) / l JAAIES F.WHINE.P.C. ORDER NO.?2 B 014 FILE NO.2P0107 \ (LICENSE SUBJECT TO RENEWUL AND EXPIRES 11 30/2022) WILLIAM M. WINGSTEDT ° r"•I'1''" r \ REFER TO GEED 0R GUARANTEE POLICY FOR 0N5 NOT SHOWN ON SURVEY. IMPROVEMENTS WORK COMPLETED.BUILDINGS AND OE 2N ALL DIMENSIONS ARE SHOWN IN FEET AND DEN.0 THEREOF. IWHITE S PROFESSIONAL LAND SURVEYOR enr ROUTE r2a.Owc IIIIIII 111111 0000UDBC LOCATED AS 22... ON THE zwD \ UNE DIRECTIONS AND BEARINGS.WHERE SHOWN,ARE BASED ON AN ASSUMED DATUM UNE 329 WHITE PINES CT., OSWEGO, ILLINOIS 60543 •-Toad Iron stake IIIIIiP, Illlinl OF FERmMM .AD..2022-. \ . PLEASE COMPARE ALL PONIS BEFORE BUILDING AND REPORT ANY APPARENT DISCREPANCIES PHONE: (630) 554-8209 FAX (630) 551-1207 0-set iron stake I