Ordinance 2025-05 202500000923
DEBBIE GILLETTE
RECORDER-KENDALL COUNTY, IL
RECORDED:01/24/2025 09:11 AM
RECORDING FEE 57.00
PAGES: 10
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2025-05
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS APPROVING AN AMENDMENT TO A PLANNED
UNIT DEVELOPMENT FOR KENDALL MARKETPLACE
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 141h day of January, 2025
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 January 17, 2025.
Ili
Ordinance No. 2025-05
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS APPROVING AN AMENDMENT TO A PLANNED
UNIT DEVELOPMENT FOR KENDALL MARKETPLACE
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,the Mayor and City Council approved by Ordinance Number 2006-125 dated
October 26, 2006,AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED
AND RESTATED DEVELOPMENT AGREEMENT FOR KENDALL MARKETPLACE,
establishing an amendment to the Kendall Marketplace planned unit development which was
recorded in the office of the Kendall County Recorder as document 200700002839 on January 24,
2007; and
WHEREAS,the Mayor and City Council approved by Ordinance Number 2018-30 dated
May 16, 2018, AN ORDINANCE APPROVING AMENDED CONDITIONS THE FOR
KENDALL MARKETPLACE PLANNED UNIT DEVELOPMENT, establishing single-family
detached residential unit design standards to the Kendall Marketplace planned unit development
which was recorded in the office of the Kendall County Recorder as document 201800007714 on
June 7, 2018; and
WHEREAS,Marker,Inc. (the"Petitioner")desires to develop an approximately 8.29-acre
site that is located within the Kendall Marketplace Planned Unit Development,north of Blackberry
Shore Lane and between Northland Lane and Cannonball Trail (the"Parcel") with an active adult
community and commercial developments; and
WHEREAS, the Petitioner has filed an application to amend the Planned Unit
Development for Kendall Marketplace (the "Amended PUD"), seeking to change the permitted
land uses on the Parcel from civic purposes to residential and commercial uses, along with
requesting certain variances from the City's Unified Development Ordinances (the "UDO"); and
WHEREAS, a legal notice of publication regarding a public hearing before the Planning
and Zoning Commission (the "PZC") on the proposed Amended PUD was duly published in a
newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15)
days prior to the public hearing; and
WHEREAS, the PZC convened and held a public hearing on November 13, 2024, for the
consideration of the Amended PUD; and
WHEREAS, the PZC reviewed the standards set forth in Sections 10-8-5D and 10-8-8E
of the UDO; and
Ordinance No. 2025-05
Page 2
WHEREAS,upon conclusion of said public hearing, the PZC made findings of fact and a
recommendation to the Mayor and City Council ("Corporate Authorities") to approve the
Amended PUD; and
WHEREAS, the Corporate Authorities have reviewed the findings and recommendation
of the PZC and therefore agree to amend the Planned Unit Development for Kendall Marketplace
(the "Amended PUD") to accommodate the Petitioner's request, said Amended PUD being
substantially in the form attached hereto.
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.The Amended PUD is hereby approved substantially in the form attached hereto
as "Exhibit A", subject to certain conditions set forth in Section 4 of this Ordinance.
Section 4. The Parcel shall be constructed, operated, and maintained pursuant to the
Amended PUD and in accordance with the following conditions:
a. The four(4) lots on the Parcel that are designated for commercial use shall be subject
to a thirty(30) foot front yard setback.
b. The minimum bulk regulations for R-2 zoned residential lots shall be re:
• Minimum Lot Area shall be 5,000 square feet
• Minimum Lot Width shall be 50 feet
• Minimum Front Yard setback shall be 20 feet
• Minimum Rear Yard setback shall be 20 feet
• Minimum Interior Side Yard setback shall be 5 feet
• Minimum Corner Side Yard setback shall be 10 feet
c. Residential Lot 2, located along the western boundary of the Parcel, shall be subject to
a fifteen (15) foot corner side yard building setback.
d. The Petitioner shall install infrastructure to accommodate a minimum of three (3)
electric vehicle charging stations for the lots that are designated for commercial use.
e. A minimum of one (1) off-street loading space per commercial building shall be
provided.
f. The Petitioner is allowed to omit the required center island in the primary cul-de-sac
and such cul-de-sac shall not exceed 500 feet in length.
g. The Petitioner must include cross-access easements for the four (4) lots that are
designated for commercial use in the Final Plat of Subdivision.
h. The Petitioner shall provide a Type C Transition Yard, per Section 10-5-3, Table 10-5-
3(F)(3) of the UDO, at the rear of the double-frontage commercial lots along the
primary cul-de-sac between the commercial and residential land uses.
i. Section 10-7-3-B-4-c of the UDO requires a canopy tree be planted for every forty(40)
linear feet of parkway. Per 10-7-3-B-4-c-1, up to 25% of these canopy trees are
Ordinance No.2025-05
Page 3
permitted to be planted on private property,subject to certain conditions.The Petitioner
shall disclose the percentage of canopy trees to be planted on private property. Should
this percentage exceed 25%, a deviation in the PUD shall be required.
j. Per the Commercial Purchase& Sale Agreement,the development shall be constructed
and operated as an age-targeted community with occupancy of the housing units
restricted to at least one (1) principal resident who is fifty-five (55) years of age or
greater, which age restriction shall not be modified for a period of twenty-five (25)
years from approval of the Final Plat for the Planned Use Development plan for the
Parcel.
k. Per Article III of the Development Agreement (Ord. 2006-125) for Kendall
Marketplace, there are special provisions for design standards. In addition to the City's
Appearance Code, for Single-Family Detached Residential Units the Petitioner must
incorporate:
• Masonry products on the front façade of 75% of the total units.
• A minimum of 75% of the front facade of each building shall have masonry
products.A 10%reduction will be given for each major architectural feature on
the front facade.
• A minimum of 50% of each building elevations shall incorporate premium
siding material.
• Primary structures shall be constructed upon either a basement or foundation—
slab construction shall not be used.
1. The Petitioner shall adhere to the below Commercial Design Standards per the original
Kendall Marketplace Development Agreement as follows:
• The Petitioner shall adhere to all guidelines within the Appearance Code section
for Non-residential building design for unbuilt sites for commercial, office and
institutional uses, per section 10-5-8 of the Unified Development Ordinance.
• Masonry products or precast concrete shall be incorporated on at least fifty(50)
percent of the total building, as broken down as follows: The front facade shall
itself incorporate masonry products or precast concrete on at least fifty (50)
percent of the facade. Any other facade that abuts a street shall incorporate
masonry products. The use of masonry products or precast concrete is
encouraged on the remaining facades.
• All commercial, office and institutional buildings shall consist of solid and
durable facade materials and be compatible with the character and scale of the
surrounding area.
• Masonry products shall not be painted.
m. The Petitioner shall provide written evidence to the City in the form of an executed
resolution from the Yorkville Community School District #115 that the School
Transition Fee shall be waived on all single-family residences.
n. The Petitioner shall adhere to the fees listed in the fee schedule attached hereto as
"Exhibit B."
Ordinance No.2025-05
Page 4
Section 4.This Ordinance shall be in full force and effect after its passage,publication and
approval as provided by law.
[Remainder of page intentionally left blank. Roll call vote follows]
Ordinance No.2025-05
Page 5
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this 14th day of January, A.D. 2025.
CI Y CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER NAY MATT MAREK AYE
SEAVER TARULIS ABSENT RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
-11
this fl lay of JQ fltlQ ft , A.D. 2025.
MAYOR
Attest:
UlOt_
CLERK
Ordinance No.2025-05
Page 6
EXHIBIT A
Revised Heartland Meadows West Site Plan
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EXHIBIT B
Heartland Meadows West Fee Schedule
Heartland Meadows West
FEES PER UNIT
FIVE(5)YEAR FEE LOCK EXPIRATION
A paid receipt from the School District Office,602-A Center Parkway
Yorkville,must be presented to the City prior to issuance of permit (see note"a"below) $0
Separate Yorkville-Bristol Sanitary District fee-made payable to Y.B.S.D. $1,400
United City of Yorkville Fees
1. Building Permit
Cost$650 plus$0.20 per square foot(SF) $650+$0.20(SF)
2. Water Connection Fees SF $5,554
(see note"b"below)
3. Water Meter Cost Detached Units $550
4. City Sewer Connection Fees (see note"b"below) $2,000
5. Water and Sewer Inspection Fee $25
6. Public Walks/Driveway Inspection Fee $35
7. Development Fees
Public Works $700
Police $300
Building $1,759
Library $500
Parks&Recreation $50
Engineering $100
Bristol-Kendall Fire $1,200
Development Fees Total $4,609
8.Land Cash Fees Apartment Townhome Duplex Single Family
Park N/A N/A N/A $3,000.00
School N/A N/A N/A $4,780.48
Land-Cash Fees Total $0.00 $0.00 $0.00 $7,780.48
9. Road Contribution $2,000
Notes:
a.Fee is reduced to$0 per Resolution from Yorkville School District#115
b.Fee is locked at December 1,2023 rate for 5 years per Commercial Purchase and Sale Agreement