Ordinance 2024-25 202400006174
DEBBIE GILLETTE
RECORDER- KENDALL COUNTY, IL
RECORDED: 06/04/2024 01:35 PM
RECORDING FEE 57.00
PAGES: 6
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2024-25
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT
DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 28'day of May, 2024
Prepared by and Return to:
United City of Yorkville
651 Prairie Pointe Drive
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 4,2024.
Ordinance No.2024-25
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT
DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY
WHEREAS,the United City of Yorkville,Kendall County,Illinois(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, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the
"First Developer") acquired, annexed, rezoned and engineered an approved Planned Unit Development
pursuant to an Amendment to Annexation Agreement, Annexation Agreement and Planned Unit
Development Agreement,as amended(the"Planned Unit Development Agreement")for the East Westbury
Subdivision consisting of three hundred(300)acres(the"Acreage") located in the City; and
WHEREAS,the First Developer was unable to proceed with the construction of the Planned Unit
Development and lost control of and to all rights to the entire Acreage; and,
WHEREAS,the loss of control and all rights resulted in the entire Acreage being currently owned
by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or
by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner's
name(the"Current Owners"); and,
WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit
Development Agreement for the Acreage with the exception of those labeled 4B-E,POD 5-E,POD 6-E and
7-E ("Phase I") further identified on Exhibit B attached hereto, which request the City was prepared to
consider conditioned upon the written confirmation from each of the Current Owners of their acceptance
of the terms and conditions hereinafter set forth,which confirmation has now been received.
WHEREAS,on May 9,2006,there was recorded in the Office of the Recorder of Deeds of Kendall
County, Illinois, Document No. 200600013759, entitled `Memorandum of Contract Regarding Obligation
to Dedicate School/Park Site'. To the extent that the City and/ or the School District may be third party
beneficiaries of any obligations, by the adoption of this Ordinance, all obligations, if any, reflected or
referenced in said Memorandum, as therein contained, for School/Park Site dedication or cash in lieu
thereof are waived and terminated.
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 foregoing Preambles are hereby made a part of and incorporated into this
Ordinance as if fully restated and in this paragraph 1.
Section 2. The City hereby repeals Ordinance No. 2004-36 adopted by the Mayor and City
Council (the"Corporate Authorities") on September 9, 2004, as follows, subject
to the satisfaction of the conditions set forth below:
a. That the Acreage shall immediately be rezoned R-2 Single-Family
Traditional Residence District, said R-2 District being its underlying
zoning district for the Acreage; and,
Ordinance No.2024-25
Page 2
b. With reference to Parcels Numbered 02-08-200-018 (2.91 acres) and 02-
06-400-012 (3.93 acres), owned by John Undesser and Cynthia Undesser,
the classification of said parcels as R-2 Single Family Traditional
Residence, shall not affect the current uses of the parcels (i.e. farming
operations, hay, straw, grain storage, truck and trailers, repairs and
maintenance, and recreational vehicles). The foregoing non-commercial
uses of the property are acknowledged by the City to be, and shall remain
as, Legal Non-Conforming Uses in the Zoning District.
c. With reference to Parcel Number 02-05-400-013 (2.48 acres), owned by
Ceja Victor E. and Marilex A. Toro, common address 10292 Galena Rd.,
the classification of said parcel as R-2 Single Family Traditional
Residence shall not affect current uses of the parcel (i.e., indoor storage
and auto repair and maintenance performed in the outbuilding). The
foregoing non-commercial uses of the property are acknowledged by the
City to be,and shall remain as,Legal Non-Conforming Uses in the Zoning
District.
d. That all obligations and conditions for development of the Acreage as set
forth in the Planned Unit Development Agreement shall be deemed
cancelled upon the repeal of Ordinance No. 2004-36 adopted by the
Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34
on April 25, 2006,with exception and exclusion of the area designated as
Phase I.As part of this proposed ordinance repeal, Phase I will retain its
current rights to build 85 units of Single Family, and 307 units of multi-
plex/townhomes,both as marked on Exhibit B; and,
e. That whenever development of the Acreage occurs, with the exception of
Phase I, all development approvals shall be subject to all procedures
required for approvals as of the time of development and all fees, land
donations and assessments shall apply to the Acreage as are applicable to
all developments within the R-2 zoning district.
f. That the foregoing covenants and agreements are contingent upon (i)
obtaining a written release within eighteen (18) months of execution of
this ordinance from Yorkville's School District 115 of the 18.1 acres
dedicated as school/park site as stated in Paragraph 14 of Ordinance No.
2004-36 and adopted by the Corporate Authorities on September 9, 2004,
(ii)the Current Owner of Phase I identified as PIN 02-08-400-004 agrees
to proceed with the development of residential units on 96.59 acres upon
execution of a development agreement; and(ii)the Current Owner of the
Phase I agrees to pay outstanding fees owed to the City in the amount of
$418,952.50 for Rob Roy Storm Sewer Outfall installation and previously
incurred engineering consultant fees in accordance with the terms and
conditions negotiated between said Current Owner and the City from the
proceeds of an initial closing to a home builder.
g. The passage of this ordinance by the Corporate Authorities is confirmation of
the City's release of the 18.1 acres dedicated as school/park site as stated
in Paragraph 14 of Ordinance 2004-36 by the repeal of said Ordinance
2004-36 as hereinabove stated.
Ordinance No.2024-25
Page 3
Section 3. That this ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
28th day of May,A.D. 2024.
IT CLERK
KEN KOCH ABSENT DAN TRANSIER AYE
ARDEN JOE PLOCHER ABSENT CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this 3I day of NA 9 ,A.D. 2024.
MAYOR
Ordinance No.2024-25
Page 4
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Exhibit "B"
POD 1-E n. ti1:�~
SINGLE FAMILY B r 7 ` `1 - 1 :.
32,01 acres «C t x/-f' ..,;
89 units A / --\="V..e."' .
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L's _ • EXISTIN4/
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k 15 acres ,
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13acres F° ° • ` i 1� 1 ,�. ° i're"e. a �,�.;,..�..�y.
124 unite . t w 1 A t• , x d POD 3B-E
` R• • , r : Y' I MULTI-FLEX A
t „ y 4, r .sr t r '.. A ♦ I 1. 16.3 a acres
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47 units _ #a `i1 I ,i,j�,: Y�' \�' y//r fl i ! MUL"I7-FLEX B
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SINGLE FAMILY B
11, rt t ;� 3` 31.68 acres
r s' fps 35 11nin
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rerenrion
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