Ordinance 2022-40202200018675
DEBBIE GILLETTE
RECORDER - KENDALL COUNTY. II_
RECORDED: 11.122,2022 12:52 PM
ORDI: 57.00 RHSPS FEE: 10.00
PAGES: R
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2022-40
ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING THE REZONING TO THE B-3 GENERAL BUSINESS
ZONING DISTRICT OF CERTAIN PARCELS LOCATED AT 8710 ROUTE 71 AND
REPEAL OF ORDINANCE 2008-42 AS IT APPLIES TO THE PROPERTY
(Restore Church, Inc.)
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 8' day of November, 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 November 18, 2022.
STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
Ordinance No. 2022-40
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING THE REZONING TO THE B-3 GENERAL BUSINESS
ZONING DISTRICT OF CERTAIN PARCELS LOCATED AT 8710 ROUTE 71 AND
REPEAL OF ORDINANCE 2008-42 AS IT APPLIES TO THE PROPERTY
(Restore Church, Inc.)
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, Restore Church, Inc. (the "Applicant") is the owner of three (3) parcel
totaling approximately 34 acres located at 8710 Route 71 (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. 2022-40
Page 2
YORKVILLE ZONING ORDINANCE, adopted November 25, 2014, repealed the Planned Unit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 October 12, 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:
PARCEL 1:
27.60 AC TR LYG PT SW'/4 & PT NW'/4 SEC 3-36-7 (EXC PT DESCRBD AS "EXC" PER
DOC 17-16528, PG 5) CITY OF YORKVILLLE "THAT PART OF THE NORTHEAST,
NORTHWEST ANO SOUTHWEST QUARTERS OF SECTION 3, TOWNSHIP 36 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE
Ordinance No. 2022-40
Page 3
SOUTH 00 DEGREE 10 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF
SAID SOUTHWEST 1/4 1284.36 FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 40
SECONDS WEST 680.30 FEET; THENCE NORTH 09 DEGREES 33 MINUTES 27
SECONDS WEST 10.0 FEET FOR A POINT OF BEGINNING; THENCE NORTH 09
DEGREES 33 MINUTES 27 SECONDS WEST 579.53 FEET TO THE SOUTHEAST
CORNER OF A TRACT OF LANO CONVEYED TO ELSIE BOYD BY A DEED DATED
MARCH 26, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED RECORD BOOK 88
ON PAGE 399; THENCE NORTH 09 DEGREES 05 MINUTES 24 SECONDS WEST ALONG
THE EAST LINE OF SAID BOYD TRACT 748.57 FEET TO THE CENTER LINE OF
ILLINOIS STATE ROUTE NO. 71; THENCE NORTHEASTERLY ALONG SAID CENTER
LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11,459.20 FEET
ANO A RADIAL BEARING OF NORTH 26 DEGREES 49 MINUTES 16 SECONDS WEST
AT THE LAST DESCRIBED POINT 627.46 FEET; THENCE NORTH 60 DEGREES 02
MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE 332.0 FEET; THENCE
SOUTH 12 DEGREES 27 MINUTES 30 SECONDS EAST 264.0 FEET; THENCE SOUTH 84
DEGREES 27 MINUTES 30 SECONDS EAST 202.0 FEET; THENCE NORTH 00 DEGREES
42 MINUTES 30 SECONDS WEST 423.02 FEET TO SAID CENTER LINE; 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 1/4, FROM A POINT ON THE
SOUTH LINE OF SAID NORTHEAST 1/4 WHICH IS 598.62 FEET EASTEAL Y OF THE
SOUTHWEST CORNEA 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 SAID SOUTHWEST CORNER; THENCE SOUTH 00
DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE 1275.36 FEET TO
A LINE DRAWN SOUTH 89 DEGREES 40 MINUTES 33 SECONDS EAST FROM THE
POINT OF BEGINNING; THENCE NORTH 89 DEGREES 40 MINUTES 33 SECONDS
WEST 681.94 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP,
KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT PART IN THE
NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN)
PARCEL 2:
.49 AC TR LYG SW'/4 SEC 3-36-7 (EXC PT DESCRBD AS "EXC" PER DOC 17- 16528, PG
5) CITY OF YORKVILLE THAT PART OF THE WEST 1/2 OF SECTION 3, TOWNSHIP 36
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 3; THENCE SOUTH 00
DEGREES 14 MINUTES 45 SECONDS EAST, ALONG THE EAST LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 3, 1284.36 FEET; THENCE SOUTH 89 DEGREES 50
MINUTES 00 DEGREES WEST, 684.42 FEET; THENCE NORTH 09 DEGREES 30
MINUTES 00 SECONDS WEST, 592.27 FEET; THENCE SOUTH 57 DEGREES 33
MINUTES 55 SECONDS WEST, 327.57 FEET TO THE EASTERLY LINE OF WING ROAD;
THENCE NORTH 21 DEGREES 52 MINUTES 29 SECONDS WEST, ALONG SAID
EASTERLY LINE, 705.85 FEET TO THE SOUTHERLY RIGHT- OF -WAY LINE OF
ILLINOIS ROUTE 71 FOR THE POINT OF BEGINNING; THENCE SOUTH 21 DEGREES
Ordinance No. 2022-40
Page 4
52 MINUTES 29 SECONDS EAST, ALONG SAID EASTERLY LINE, 119.0 FEET; THENCE
NORTH 68 DEGREES 07 MINUTES 31 SECONDS EAST, PERPENDICULAR TO SAID
EASTERLY LINE, 211.0 FEET; THENCE NORTH 21 DEGREES 52 MINUTES 29
SECONDS WEST PARALLEL WITH SAID EASTERLY LINE, 131.87 FEET TO SAID
SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE
SOUTHWESTERLY, ALONG SAID SOUTHERLY RIGHT -OF- WAY LINE, BEING A
CURVE TO THE RIGHT WITH A RADIUS OF 11509.16 FEET, AN ARC DISTANCE OF
211.36 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL
COUNTY, ILLINOIS
PARCEL 3:
5.40 AC TR LYG SW'/4 SEC 3-36-7 (EXC PT DESCRBD AS "EXC" PER DOC 17-16528, PG
51 CITY OF YORKVILLE THAT PART OF THE WEST 1/2 OF SECTION 3, TOWNSHIP 36
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 3, THENCE SOUTH 00
DEGREES 14 MINUTES 45 SECONDS EAST ALONG THE EAST LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 3, 1284.36 FEET; THENCE SOUTH 89 DEGREES 50
MINUTES 00 SECONDS WEST, 684.42 FEET; THENCE NORTH 09 DEGREES 30
MINUTES 00 SECONDS WEST, 592.27 FEET FOR THE POINT OF BEGINNING; THENCE
SOUTH 57 DEGREES 33 MINUTES 55 SECONDS WEST, 327.57 FEET TO THE
EASTERLY LINE OF WING ROAD; THENCE NORTH 21 DEGREES 52 MINUTES 29
SECONDS WEST, ALONG SAID EASTERLY LINE, 586.85 FEET TO A POINT ON SAID
EASTERLY LINE WHICH IS 119.0 FEET (MEASURED ALONG SAID EASTERLY LINE)
SOUTHEASTERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF ILLJNOIS ROUTE
71; THENCE NORTH 68 DEGREES 07 MINUTES 31 SECONDS EAST, PERPENDICULAR
TO SAID EASTERLY LINE 211 .0 FEET; THENCE NORTH 21 DEGREES 62 MINUTES 29
SECONDS WEST, PARALLEL WITH SAID EASTERLY LINE, 131.87 FEET TO SAID
SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71, THENCE
NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE BEING A
CURVE TO THE LEFT WITH A RADIUS OF 11509.16 FEET, AN ARC DISTANCE OF
261.03 FEET TO A LINE DRAWN NORTH 09 DEGREES 30 MINUTES 00 SECONDS
WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 09 DEGREES 30 MINUTES
00 SECONDS EAST ALONG SAID LINE 695.72 FEET TO THE POINT OF BEGINNING IN
KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
(Loss and except from Above Parcels 1, 2 & 3 part of the Southwest Quarter and part of the
Northwest Quarter of Section 3, Township 36 North, Range 7 East of the Third Principal
Meridian, described as follows with bearings and distances based upon the Illinois State Plane
Coordinate System, (Grid) East Zone ( NAD-83, 2007 adj.): Commencing at the southwest
corner of said Section 3; thence North 01 degree 35 minutes 30 seconds West 1995.04 feet along
the west line of said southwest quarter section to the centerline of Illinois Route 71; thence North
69 degrees 55 minutes 19 seconds East 262.19 feet along said centerline to the point of curvature
of a 11,479.05 foot radius curve to the Jett: thence northeasterly 1163.11 feet along said curve
whose chord bears North 67 degrees 01 minutes 09 seconds East 1162.62 feet; thence South 25
degrees 53 minutes 00 seconds East 50.00 feet to the Point of Beginning on the southeasterly
right of way line of Illinois Route 71; thence northeasterly 1118.45 feet along said southeasterly
Ordinance No. 2022-40
Page 5
right of way line along a 11,529.02 foot radius curve to the left whose chord bears North 61
degrees 20 minutes 15 seconds East 1116.01 feet: thence North 58 degrees 33 minutes 29
seconds East 316.42 feet along said right of way line to the west line of property described In
document number 201300024064; thence South 13 degrees 56 minutes 03 seconds East 15. 73
feet along said west line; thence South 58 degrees 33 minutes 29 seconds West 65.67 feet; thence
South 56 degrees 13 minutes 50 seconds West 246.22 feet to a non -tangential curve to the right;
thence southwesterly 656.26 feet along a 11,554.05 foot radius curve to the right whose chord
bears South 60 degrees 11 minutes 25 seconds West 658.17 feet; thence South 50 degrees 42
minutes 49 seconds Weal 51.33 feet; thence southwesterly 75.56 feet along o 11,564.05 loot
radius curve to the right whose chord bears South 62 degrees 15 minutes 33 seconds West 75.56
feet; thence South 73 degrees 52 minutes 10 seconds West 76.98 feet; thence southwesterly
226.37 feet along a 11,549.05 foot radius' curve to the right whose chord bears South 63 degrees
22 minutes 56 seconds West 226.37 feet; thence South 15 degrees 56 minutes 14 seconds West
40.32 feet; thence South 23 degrees 05 minutes 13 seconds East 100.12 feet; thence South 10
degrees 56 minutes 42 seconds East 51.74 feet to the easterly right of way line of Wing Road;
thence North 22 degrees 56 minutes 26 seconds West 200.26 feet along said right of way line to
the Point of Beginning.)
with Property Index Numbers 05-03-300-029, 05-03-300-031 and 05-03-300-033 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 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 4: This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Ordinance No. 2022-40
Page 6
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
8th day of November, 2022. 1 .
CITY CLERK
KEN KOCH
AYE
DAN TRANSIER
AYE
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
SEAVER TARULIS
AYE
JASON PETERSON
ABSENT
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
tY day of N O\(`Q,W W 2022. j
Ordinance No. 2022-40
Page 7
EXHIBIT A
n�.aMe���_ , ' -llv
PIN PROPERTY OWNER
05-03-300-036
KLER PROPERTIES LLC
05-03-300-035
KLER PROPERTIES LLC
05-03-300-016
KLER PROPERTIES LLC
05-03-300-037
KLER PROPERTIES LLC,
% TIM BRUMMERSTEDT
05-03-300-038
KLER PROPERTIES LLC,
% TIM BRUMMERSTEDT
05-03-300-006
KLER PROPERTIES LLC,
% TIM BRUMMERSTEDT
05-03-300-029
RESTORE CHURCH INC,DBA
OSWEGO FAMILY CHURCH INC
0"3-300-031
RESTORE CHURCH INC.DBA
OSWEGO FAMILY CHURCH INC
05-03-300-033
RESTORE CHURCH INC,DBA
OSWEGO FAMILYCHURCH INC
05-03-200-023
WALLIS, STEVEN J,
WEILAND, MARGARET
05-03-200-024
CLASSIC INVESTMENTS LLC
05-03-300-007
BW YORKVILLE HOLDINGS LLC
05-03-300-008
D'ARCY, TERRANCE
05-03-300-039
CAYCO ENTERPRISES LLC
Restore Church Ownership Map
ni ed Cltt I•._