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Ordinance 2023-041111111111111111111111 202300002944 DEBB[E GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 31'20/2023 03:28 PM ORDL 57.00 RHSPS FEE: 10.00 PAGES: 5 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2023-04 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE B-2 RETAIL COMMERCE BUSINESS DISTRICT OF THE PROPERTY LOCATED AT 105 E. SPRING STREET Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 28' day of February, 2023 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 March 2, 2023. STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 2023-04 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE B-2 RETAIL COMMERCE BUSINESS DISTRICT OF THE PROPERTY LOCATED AT 105 E SPRING STREET 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, Giovanna Schmieder (the "Applicant") is owner of an approximately 0.40-acre parcel located at 105 E. Spring Street ( 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-2 Retail Commerce Business District; and, WHEREAS, the Subject Property is currently zoned R-2 Single -Family Traditional Residence District within the City; and, WHEREAS, the Applicant desires to rezone the Subject Property into the B-2 Retail Commerce Business District; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on February 8, 2023, to consider the rezoning after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and, Ordinance No. 2023-04 Page 2 WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-4-1 013.4 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: THE SOUTH 121 FEET OF LOTS 5 AND 6 IN BLOCK 2 OF THE ORIGINAL VILLAGE OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART TAKEN BY CONDEMNATION CASE 2011 ED 14 BY THE DEPARTMENT OF TRANSPORTATION, STATE OF ILLINOIS, AND DESCRIBED IN ORDER VESTING TITLE RECORDED AS DOCUMENT 201100020605 AND FINAL JUDGMENT ORDER RECORDED AS DOCUMENT 201400017415 with Property Index Number 02-28-357-011 into the B-2 Retail Commerce Business District. 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 28th day of February, A.D. 2023. CITY CLERK Ordinance No. 2023-04 Page 3 KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS ABSENT APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this � day of ►\/� Q rG{�l , A.D. 2023. MAYO Ordinance No. 2023-04 Page 4 EXHIBIT A Legal Description For 105 E Spring St, Yorkville, IL 60560 The South 121 feet of Lots 5 and 6 in Block 2 of the Original Village of Bristol, Kendall County, Illinois, EXCEPTING THEREFROM that Part taken by Condemnation Case 2011 ED 14 by the Department of Transportation, State of Illinois, and described in Order Vesting Title recorded as Document 201100020605 and Final Judgment Order recorded as Document 201400017415