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Ordinance 2025-26202500004064 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 04/07/2025 09:51 AM RECORDING FEE 57.00 PAGES: 9 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2025-26 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, APPROVING THE REZONING TO THE M-2 GENERAL MANUFACTURING ZONING DISTRICT OF CERTAIN TERRITORY GENERALLY LOCATED NORTH OF WEST VETERANS PARKWAY AND EAST OF ELDAMAIN ROAD Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 11 `h day of March, 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 March 13, 2025. 0 Ordinance No. 2025-26 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE M-2 GENERAL MANUFACTURING ZONING DISTRICT OF CERTAIN TERRITORY GENERALLY LOCATED NORTH OF WEST VETERANS PARKWAY AND EAST OF ELDAMAIN ROAD 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, Kelaka LLC, an Illinois limited liability company ("Applicant"), owns approximately 52 acres of property, located just north of West Veterans Parkway and east of Eldamain Road ("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 WHEREAS, the Applicant desires to rezone the Subject Property, which is currently classified in the B-3 General Business District into the M-2 General Manufacturing Zoning District; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on February 12, 2025, 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 10-8-12 of the City's Unified Development Ordinance and made findings of fact and recommended approval of the rezoning to the Mayor and City Council ("Corporate Authorities"); and WHEREAS, the Planning and Zoning Commission recommend rezoning to M-2 General Manufacturing District, so long as the use of the Subject Property is restricted to M-2 uses that align with other surrounding property uses, and providing that the Subject Property's designation Ordinance No. 2025-26 Page 2 as a M-2 General Manufacturing District shall sunset if no development occurs within a 20-year period; 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. The Planning and Zoning Commission recommended approval of this rezoning request after making the following Findings of Pact: i. Due to recent trends in rezoning and development in the area, the proposed rezoning is consistent with the Comprehensive Plan and the purposes of the City's Unified Development Ordinance UDO. ii. The rezoning is compatible with the existing and planned uses and zoning of nearby properties, as other properties in the immediate area have also requested M-2 zoning from the City for the purpose of developing data centers. iii. The subject property is suitable for the purposes of the M-2 zoning district, as it is located within the Eldamain Road corridor, which has been planned for manufacturing uses. Additionally, the current trend of development in the immediate area is manufacturing, not commercial, uses. iv. The proposed rezoning will result in an individual parcel zoned in one zoning district that is not shared by any adjacent parcels. v. The property meets the minimum fro____. nth and area requirements of the M-2 zoning district as specified in Section 10-3-9(A) of the UDO. Ordinance No. 2025-26 Page 3 vi. There is a community need for the proposed use, as a data center will bring more jobs to the area and provide increased property taxes for the City and other taxing bodies, decreasing the tax burden on residential homes. vii. The property has been vacant as a B-3 use for an extended period. This zoning designation was appropriate during the expansion and development of the Eldamain Road corridor. A nearby ComEd substation along with similar uses proposed in the area make a M-2ldata center use appropriate for this property. Section 3. That the Corporate Authorities hereby approve the rezoning of the Subject Property, legally described as: THAT PART OF THE WEST HALF OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF U.S. ROUTE 34 AND THE WEST LINE OF SAID SECTION 19; THENCE NORTH ALONG SAID WEST LINE OF SECTION 19, 50.21 FEET TO A POINT OF THE FORMER NORTH RIGHT OF WAY LINE OF SAID U.S. ROUTE 34; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST ALONG SAID FORMER RIGHT OF WAY LINE 148.00 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST PARALLEL WITH SAID WEST LINE OF SECTION 19, 15.06 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID U.S. ROUTE 34 FOR THE POINT OF BEGINNING; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 361.08 FEET; THENCE NORTH 03 DEGREES 02 MINUTES 53 SECONDS EAST, 302.64 FEET; THENCE SOUTH 87 DEGREES 21 MINUTES 53 SECONDS EAST, 404.14 FEET TO AN OLD FENCE LINE REPRESENTING AN OLD DEED LINE; THENCE NORTH 02 DEGREES 38 MINUTES 07 SECONDS EAST ALONG SAID OLD FENCE LINE 2240.63 FEET; THENCE NORTH 84 DEGREES 40 MINUTES 09 SECONDS WEST, 976.08 FEET TO THE EASTERLY RIGHT OF WAY LINE OF ELDAMAIN ROAD; THENCE SOUTH 00 DEGREES 10 MINUTES 27 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 1984.53 FEET TO A POINT 600.00 FEET NORTHERLY OF SAID FORMER RIGHT OF WAY OF U.S. ROUTE 34; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST PARALLEL WITH SAID FORMER RIGHT OF WAY LINE, 97.79 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 27 SECONDS WEST PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE OF ELDAMAIN ROAD, 584.94 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART, IF ANY, FALLING IN THE FOLLOWING DESCRIBED TRACT: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SOUTHWEST Ordinance No. 2025-26 Page 4 QUARTER WITH THE NORTH RIGHT OF WAY LINE OF ILLINOIS ROUTE 34; THENCE NORTH 00 DEGREES 10 MINUTES 28 SECONDS EAST ALONG SAID WEST LINE 600 FEET; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST, PARALLEL WITH THE NORTHLINE OF ROUTE 34,148 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 28 SECONDS WEST, PARALLEL WITH SAID WEST LINE, 600 FEET TO SAID NORTH LINE; THENCE NORTH 84 DEGREES 36 MINUTES 32 SECONDS WEST, ALONG SAID NORTH LINE 148 FEET TO THE POINT OF BEGINNING; ALSO EXCEPT THAT PART, IF ANY, FALLLING IN THE FOLLOWING DESCRIBED TRACT: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON THE WEST LINE OF SAID SETION 19 AT THE INTERSECTION OF THE CENTER LINE OF U.S. ROUTE 34; THENCE SOUTH 86 DEGREES I I MINUTES 48 SECONDS EAST ALONG SAID CENTER LINE, 503.76 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86 DEGREES I I MINUTES 48 SECONDS EAST ALONG SAID CENTER LINE, 134.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 38,197.20 FEET; THENCE EASTERLY ALONG SAID CENTER LINE CURVE, A DISTANCE OF 275.36 FEET TO A POINT WHOSE CHORD BEARS SOUTH 85 DEGREES 58 MINUTES 32 SECONDS EAST, 275.36 FEET; THENCE NORTH 01 DEGREES 02 MINUTES 51 SECONDS EAST, 388.32 FEET; THENCE NORTH 87 DEGREES 21 MINUTES 53 SECONDS WEST, 404.14 FEET; THENCE SOUTH 03 DEGREES 02 MINUTES 53 SECONDS WEST, 367.63 FEET TO THE PONT OF BEGINNING; ALSO EXCEPT THAT PART, IF ANY, FALLING IN THE FOLLOWING DECRIBED TRACT: THAT PART OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 20 MINUTES 44 SECONDS WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, 254.37 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00 DEGREES 20 MINUTES 44 SECONDS WEST ALONG SAID WEST LINE 1517.74 FEET TO THE SOUTHERLY LINE OF THE BURLINGTON NORTHERN, INC. RAILROAD RIGHT WAY; THENCE NORTH 73 DEGREES 57 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY LINE 1197.36 FEET TO THE LANDS FORMERLY OWNED BY CALVIN WHEELER; THENCE SOUTH 03 DEGREES 25 MINUTES 05 SECONDS WEST ALONG SAID WHEELER'S LANDS, 1939.92 FEET; THENCE NORTH 85 DEGREES 05 MINUTES 42 SECONDS WEST 1029.63 FEET TO THE POINT OF BEGINNING; ALSO EXCEPT THAT PART, IF ANY, LYING EAST OF THE FOLLOWING LINE AND ITS EXTENSION NORTHERLY: COMMENCING AT A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19 THAT IS 1930.58 FEET SOUTH 88 DEGREES 28 MINUTES 32 SECONDS WEST FROM THE CENTER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 28 MINUTES 32 SECONDS WEST ALONG SAID NORTH LINE 204.60 FEET FOR THE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 02 DEGREES 08 MINUTES 40 SECONDS WEST 2489.33 FEET TO THE CENTER LINE OF U.S. HIGHWAY NO. 34 FOR THE TERMINATION OF SAID LINE; AND ALSO EXCEPT THAT PART, IF ANY, DESCRIBED IN DEED RECORDED JANUARY 29, 1997 AS DOCUMENT 9700933), IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Ordinance No. 2025-26 Page 5 with Property Index Number 02-19-300-018 into the M-2 General Manufacturing Zoning District. Section 4. Only the following M-2 General Manufacturing District uses shall be permitted on the Subject Property: Automobile sales and services (enclosed); Bakery (wholesale); Brewery/winery/distillery; Building material sales; Microdistillery; Microbrewery/Microwinery; Nursery/greenhouse; Research laboratories; Recreational vehicle sales and services; Storage, single -building climate controlled; Refrigerated Warehouse (Cold Storage); Agricultural; Retail store, general — less than one (1) acre; Retail store, general — greater than one (1) acre; Medical clinic/office; Treatment center; Data center. Section 5. Should the Subject Property not be developed within 20 years of the approval of this Ordinance, the zoning designation on the Subject Property shall revert to B-3 General Business District use. Section 6. That this Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. [Remainder of page intentionally blank. Roll call vote follows.] Ordinance No. 2025-26 Page 6 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this I I" day of March, A.D. 2025. TY CLERK 12f KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS ABSENT RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville endall County, Illinois this i3`�ly of kA (A C.r) , A.D. 2025. fi/ Attest: Y CLERK MAYOR Ordinance No. 2025-26 Page 7 EXHIBIT A THAT PART OF THE WEST HALF OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF U.S. ROUTE 34 AND THE WEST LINE OF SAID SECTION 19; THENCE NORTH ALONG SAID WEST LINE OF SECTION 19, 50.21 FEET TO A POINT OF THE FORMER NORTH RIGHT OF WAY LINE OF SAID U.S. ROUTE 34; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST ALONG SAID FORMER RIGHT OF WAY LINE 148.00 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST PARALLEL WITH SAID WEST LINE OF SECTION 19, 15.06 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID U.S. ROUTE 34 FOR THE POINT OF BEGINNING; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 361.08 FEET; THENCE NORTH 03 DEGREES 02 MINUTES 53 SECONDS EAST, 302.64 FEET; THENCE SOUTH 87 DEGREES 21 MINUTES 53 SECONDS EAST, 404.14 FEET TO AN OLD FENCE LINE REPRESENTING AN OLD DEED LINE; THENCE NORTH 02 DEGREES 38 MINUTES 07 SECONDS EAST ALONG SAID OLD FENCE LINE 2240.63 FEET; THENCE NORTH 84 DEGREES 40 MINUTES 09 SECONDS WEST, 976.08 FEET TO THE EASTERLY RIGHT OF WAY LINE OF ELDAMAIN ROAD; THENCE SOUTH 00 DEGREES 10 MINUTES 27 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 1984.53 FEET TO A POINT 600.00 FEET NORTHERLY OF SAID FORMER RIGHT OF WAY OF U.S. ROUTE 34; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST PARALLEL WITH SAID FORMER RIGHT OF WAY LINE, 97.79 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 27 SECONDS WEST PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE OF ELDAMAIN ROAD, 584.94 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART, IF ANY, FALLING IN THE FOLLOWING DESCRIBED TRACT: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SOUTHWEST QUARTER WITH THE NORTH RIGHT OF WAY LINE OF ILLINOIS ROUTE 34; THENCE NORTH 00 DEGREES 10 MINUTES 28 SECONDS EAST ALONG SAID WEST LINE 600 FEET; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST, PARALLEL WITH THE NORTHLINE OF ROUTE 34,148 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 28 SECONDS WEST, PARALLEL WITH SAID WEST LINE, 600 FEET TO SAID NORTH LINE; THENCE NORTH 84 DEGREES 36 MINUTES 32 SECONDS WEST, ALONG SAID NORTH LINE 148 FEET TO THE POINT OF BEGINNING; ALSO EXCEPT THAT PART, IF ANY, FALLLING IN THE FOLLOWING DESCRIBED TRACT: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON THE WEST LINE OF SAID SETION 19 AT THE INTERSECTION OF THE CENTER LINE OF U.S. ROUTE 34; THENCE SOUTH 86 DEGREES I I MINUTES 48 SECONDS EAST ALONG SAID CENTER LINE, 503.76 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86 DEGREES 11 MINUTES 48 SECONDS EAST ALONG SAID CENTER LINE, 134.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 38,197.20 FEET; THENCE EASTERLY ALONG SAID CENTER LINE CURVE, A DISTANCE OF 275.36 FEET TO A POINT WHOSE CHORD BEARS SOUTH 85 DEGREES 58 MINUTES 32 SECONDS EAST, 275.36 FEET; THENCE NORTH 01 DEGREES 02 MINUTES 51 SECONDS EAST, 388.32 FEET; THENCE NORTH 87 DEGREES 21 MINUTES 53 SECONDS WEST, 404.14 FEET; THENCE SOUTH 03 DEGREES 02 MINUTES 53 SECONDS WEST, 367.63 FEET TO THE PONT OF BEGINNING; ALSO EXCEPT THAT PART, IF ANY, FALLING IN THE FOLLOWING DECRIBED TRACT: THAT PART OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 20 MINUTES 44 SECONDS WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, 254.37 FEET FOR A POINT OF BEGINNING; THENCE NORTH 00 DEGREES 20 MINUTES 44 SECONDS WEST ALONG SAID WEST LINE 1517.74 FEET TO THE SOUTHERLY LINE OF THE BURLINGTON NORTHERN, INC. RAILROAD RIGHT WAY; THENCE NORTH 73 DEGREES 57 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY LINE 1197.36 FEET TO THE LANDS FORMERLY OWNED BY CALVIN WHEELER; THENCE SOUTH 03 DEGREES 25 MINUTES 05 SECONDS WEST ALONG SAID WHEELER'S LANDS, 1939.92 FEET; THENCE NORTH 85 DEGREES 05 MINUTES 42 SECONDS WEST 1029.63 FEET TO THE POINT OF BEGINNING; ALSO EXCEPT THAT PART, IF ANY, LYING EAST OF THE FOLLOWING LINE AND ITS EXTENSION NORTHERLY: COMMENCING AT A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19 THAT IS 1930.58 FEET SOUTH 88 DEGREES 28 MINUTES 32 SECONDS WEST FROM THE CENTER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 28 MINUTES 32 SECONDS WEST ALONG SAID NORTH LINE 204.60 FEET FOR THE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 02 DEGREES 08 MINUTES 40 SECONDS WEST 2489.33 FEET TO THE CENTER LINE OF U.S. HIGHWAY NO. 34 FOR THE TERMINATION OF SAID LINE; AND ALSO EXCEPT THAT PART, IF ANY, DESCRIBED IN DEED RECORDED JANUARY 29, 1997 AS DOCUMENT 9700933), IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.