Ordinance 2025-34202500004864
DEBBIE GILLETTE
RECORDER - KENDALL COUNTY, IL
RECORDED: 04/23/2025 02:11 PM
RECORDING FEE 57.00
PAGES: 9
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2025-34
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING THE REZONING TO M-2 GENERAL MANUFACTURING
ZONING DISTRICT OF CERTAIN TERRITORY KNOWN AS
11159 FAXON ROAD, YORKVILLE, ILLINOIS
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 8 ' day of April, 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 April 9, 2025,
q
Ordinance No. 2025-34
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING THE REZONING TO M-2 GENERAL MANUFACTURING ZONING DISTRICT
OF CERTAIN TERRITORY KNOWN AS 11159 FAXON ROAD, YORKVILLE, ILLINOIS
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, Daniels Malinski Yorkville Family, LLLP, an Illinois limited liability limited
partnership ("Applicant") owns approximately 53.7 acres of land located at 11159 Faxon Road and
comprised of two parcels 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 (the "Subject Property"); and
WHEREAS, the Applicant desires to rezone the Subject Property, which is currently
classified in the A-1 Agricultural District into the M-2 General Manufacturing Zoning District;
and
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on March 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
recommendation to the Mayor and City Council ("Corporate Authorities") for approval of the
rezoning; and
WHEREAS, the Corporate Authorities have received and considered the recommendation
of the Planning and Zoning Commission.
Ordinance No. 2025-34
Page 2
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 Planning and Zoning Commission recommended approval of this
rezoning request after making the following Findings of Fact:
i. The proposed Map Amendment is consistent with the Comprehensive Plan and the
purposes of the 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 been re -zoned, or have
requested to be re -zoned to the M-2 zoning district 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
consistent with the uses being proposed and approved for other properties in the
general area.
iv. The proposed rezoning will not result in an individual parcel zoned in one zoning
district that is not shared by any adjacent parcels.
V. The property meets the minimum fronta e and area requirements of the M-2 zoning
district as specified in Section 10-3-9(A) of the UDO.
vi. There is a community need for the proposed use, as a data center will provide
increased utility and property tax revenue for the City and other taxing bodies,
decreasing the tax burden on residential homes.
Ordinance No. 2025-34
Page 3
vii. The property has been zoned agricultural and farmed for decades. Changes in the
character of the immediate area, and the increase in similar uses proposed in the
area make a M-2/data center use appropriate for this property.
Section 3. That the Corporate Authorities hereby approve the rezoning of the Subject
Property, legally described as:
13AT20RT 1
THAT PART OF THE NORTHEAST QUARTER OF SECTION 19 AND PART OF THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT
ON THE NORTH LINE OF SAID SECTION 19 WHICH IS 35.04 CHAINS WEST OF THE
NORTHEAST CORNER THEREOF; THENCE NORTH 0 DEGREES 35 MINUTES 0
SECONDS EAST TO THE SOUTH LINE OF THE BURLINGTON NORTHERN AND
SANTA-FE RAILROAD RIGHT OF WAY FOR THE POINT OF BEGINNING; THENCE
NORTH 73 DEGREES 57 MINUTES 17 SECONDS EAST ALONG SAID SOUTH RIGHT OF
WAY LINE, 1018.01 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH 0
DEGREES 36 MINUTES 36 SECONDS EAST ALONG SAID WEST LINE 287.76 FEET TO
THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SOUTHEAST
QUARTER; THENCE SOUTH 0 DEGREES 22 MINUTES 19 SECONDS EAST ALONG THE
CENTER LINE OF BEECHER ROAD, 827.13 FEET TO A POINT IN THE CENTERLINE OF
FAXON ROAD; THENCE NORTH 74 DEGREES 54 MINUTES 33 SECONDS WEST ALONG
SAID CENTERLINE, 1028.98 FEET TO A LINE BEARING SOUTH 0 DEGREES 35
MINUTES 0 SECONDS WEST FROM THE POINT OF BEGINNING, THENCE NORTH 0
DEGREES 35 MINUTES 0 SECONDS EAST ALONG SAID LINE, 565.62 FEET TO THE
POINT OF BEGINNING ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
PARCEL 2
THAT PART OF THE NORTHEAST QUARTER OF SECTION 19, PART OF THE
SOUTHEAST QUARTER OF SECTION 18 AND PART OF THE SOUTHWEST QUARTER
OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN BEING DESCRIBED BY COMMENCING AT THE SOUTHWEST CORNER OF
Ordinance No. 2025-34
Page 4
SAID SECTION 17 FOR THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 16
MINUTES 46 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SECTION 17, 151.80
FEET; THENCE NORTH 07 DEGREES 55 MINUTES 12 SECONDS EAST, ALONG A LINE
THAT INTERSECTS THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 17, 363.0 FEET EASTERLY OF THE
NORTHWEST CORNER OF SAID QUARTER, A DISTANCE OF 703.67 FEET TO A POINT
ON THE SOUTH RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN AND SANTA-
FE RAILROAD; THENCE SOUTH 73 DEGREES 23 MINUTES 14 SECONDS WEST, ALONG
SAID SOUTH RIGHT OF WAY LINE, 1650.23 FEET TO A POINT ON THE WEST LINE OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 18;
THENCE SOUTH 01 DEGREES 10 MINUTES 58 SECONDS EAST, ALONG SAID WEST
LINE 288.11 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SAID SOUTHEAST QUARTER; THENCE SOUTH 00 DEGREES 58 MINUTES 40 SECONDS
EAST, ALONG THE CENTERLINE OF BEECHER ROAD, 351.80 FEET; THENCE NORTH
89 DEGREES 01 MINUTES 20 SECONDS EAST, 631.00; THENCE SOUTH 00 DEGREES 58
MINUTES 40 SECONDS EAST, 629.20 FEET TO THE CENTERLINE OF FAXON ROAD;
THENCE SOUTH 79 DEGREES 53 MINUTES 59 SECONDS EAST, ALONG SAID
CENTERLINE, 139.38 TO A POINT IN THE CENTERLINE OF THE ROB ROY CREEK;
THENCE NORTH 10 DEGREES 19 MINUTES 37 SECONDS EAST, ALONG SAID
CENTERLINE, 97.93 FEET TO A POINT; THENCE NORTH 39 DEGREES 00 MINUTES 22
SECONDS EAST, ALONG SAID CENTERLINE, 85.0 FEET TO A POINT; THENCE NORTH
50 DEGREES 57 MINUTES 48 SECONDS EAST, ALONG SAID CENTERLINE, 288.73 FEET
TO A POINT; THENCE NORTH 43 DEGREES 04 MINUTES 46 SECONDS EAST, ALONG
SAID CENTERLINE, 375.32 FEET TO A POINT ON THE EAST LINE OF SAID SECTION
19; THENCE NORTH 01 DEGREES 17 MINUTES 24 SECONDS WEST, ALONG SAID EAST
LINE, 431.95 FEET TO THE POINT OF BEGINNING ALL IN THE TOWNSHIP OF BRISTOL,
KENDALL COUNTY, ILLINOIS.
with Property Index Numbers 02-18-400-006, 02-19-200-001 and 02-17-300-002 into the M-2
General Manufacturing Zoning District.
Section 4. That the rezoning of the Subject Property shall be subject to the following
conditions:
Ordinance No. 2025-34
Page 5
A. Applicant shall be required to submit any and all plans for review and approval by the
City Council prior to commencing any construction, grading or other work on the
Subject Property. No building or other permits shall be issued by the City regarding the
Subject Property, nor shall any construction commence on the Subj ect Property without
first obtaining approval from City Council under this Section 3(A).
B. A landscaped buffer of at least one hundred (100) feet, with an eight (8) foot tall berm,
shall be installed along the eastern boundary of the Subject Property and along the
southern boundary adjacent to the Loftus residential parcel. This buffer shall include
elements such as vegetation, solid fencing, green walls, stormwater management area,
living groundcover, and turf to ensure effective visual screening and physical
separation between land uses.
C. Any buildings located within 1,500 feet of a residential subdivision shall be no more
than seventy (70) feet tall inclusive of rooftop mechanical equipment.
D. No buildings shall be erected on the Subject Parcel within four hundred (400) feet of
an existing residential structure located within the Whispering Meadows Unit 3, Kylyns
Ridge, Kendall Marketplace, and Caledonia subdivisions.
Section 5. That 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 8th day of April, A.D. 2025.
ee
C TY CLERK
KEN KOCH
AYE
DAN TRANSIER
AYE
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
SEAVER TARULIS
AYE
RUSTY CORNEILS
AYE
Ordinance No. 2025-34
Page 6
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this -T "day of , A.D. 2025.
Attest:
VICLERK
MAYOR
Ordinance No. 2025-34
Page 7
Exhibit A
Document: Application for Rezoning (Updated 1/21125)
Petitioner Name: Drew Daniels
Company Name: Daniels Malinski Yorkville Family, LLLP
Property Address: 11159 Faxon Road, Yorkville, Illinois 60560
Exhibit A: Legal Descriptions
P I N s: 02-18-400-006
02-19-200-001
02-17-300-002
LEGAL DESCRIPTION DMYF LLLP
PARCEL 1
THAT PART OF THE NORTHEAST QUARTER OF SECTION 19 AND PART OF THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON THE
NORTH LINE OF SAID SECTION 19 WHICH IS 35.04 CHAINS WEST OF THE NORTHEAST
CORNER THEREOF; THENCE NORTH 0 DEGREES 35 MINUTES 0 SECONDS EAST TO
THE SOUTH LINE OF THE BURLINGTON NORTHERN AND SANTA-FE RAILROAD RIGHT
OF WAY FOR THE POINT OF BEGINNING; THENCE NORTH 73 DEGREES 57 MINUTES 17
SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE, 1018.01 FEET TO A POINT
ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 18; THENCE SOUTH 0 DEGREES 36 MINUTES 36 SECONDS EAST ALONG
SAID WEST LINE 287.76 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST
QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0 DEGREES 22 MINUTES
19 SECONDS EAST ALONG THE CENTER LINE OF BEECHER ROAD, 827.13 FEET TO A
POINT IN THE CENTERLINE OF FAXON ROAD; THENCE NORTH 74 DEGREES 54
MINUTES 33 SECONDS WEST ALONG SAID CENTERLINE, 1028.98 FEET TO A LINE
BEARING SOUTH 0 DEGREES 35 MINUTES 0 SECONDS WEST FROM THE POINT OF
BEGINNING, THENCE NORTH 0 DEGREES 35 MINUTES 0 SECONDS EAST ALONG SAID
LINE, 565.62 FEET TO THE POINT OF BEGINNING ALL IN THE TOWNSHIP OF BRISTOL,
KENDALL COUNTY, ILLINOIS.
Page 1 of 2
PARCEL 2
THAT PART OF THE NORTHEAST QUARTER OF SECTION 19, PART OF THE SOUTHEAST
QUARTER OF SECTION 18 AND PART OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING
DESCRIBED BY COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17
FOR THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 16 MINUTES 46
SECONDS EAST, ALONG THE SOUTH LINE OF SAID SECTION 17, 151.80 FEET; THENCE
NORTH 07 DEGREES 55 MINUTES 12 SECONDS EAST, ALONG A LINE THAT
INTERSECTS THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 17, 363.0 FEET EASTERLY OF THE NORTHWEST CORNER
OF SAID QUARTER, A DISTANCE OF 703.67 FEET TO A POINT ON THE SOUTH RIGHT OF
WAY LINE OF THE BURLINGTON NORTHERN AND SANTA-FE RAILROAD; THENCE
SOUTH 73 DEGREES 23 MINUTES 14 SECONDS WEST, ALONG SAID SOUTH RIGHT OF
WAY LINE, 1650.23 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH 01
DEGREES 10 MINUTES 58 SECONDS EAST, ALONG SAID WEST LINE 288.11 FEET TO
THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SOUTHEAST
QUARTER; THENCE SOUTH 00 DEGREES 58 MINUTES 40 SECONDS EAST, ALONG THE
CENTERLINE OF BEECHER ROAD, 351.80 FEET; THENCE NORTH 89 DEGREES 01
MINUTES 20 SECONDS EAST, 631.00; THENCE SOUTH 00 DEGREES 58 MINUTES 40
SECONDS EAST, 629.20 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE SOUTH
79 DEGREES 53 MINUTES 59 SECONDS EAST, ALONG SAID CENTERLINE, 139.38 TO A
POINT IN THE CENTERLINE OF THE ROB ROY CREEK; THENCE NORTH 10 DEGREES 19
MINUTES 37 SECONDS EAST, ALONG SAID CENTERLINE, 97.93 FEET TO A POINT;
THENCE NORTH 39 DEGREES 00 MINUTES 22 SECONDS EAST, ALONG SAID
CENTERLINE, 85.0 FEET TO A POINT; THENCE NORTH 50 DEGREES 57 MINUTES 48
SECONDS EAST, ALONG SAID CENTERLINE, 288.73 FEET TO A POINT; THENCE NORTH
43 DEGREES 04 MINUTES 46 SECONDS EAST, ALONG SAID CENTERLINE, 375.32 FEET
TO A POINT ON THE EAST LINE OF SAID SECTION 19; THENCE NORTH 01 DEGREES 17
MINUTES 24 SECONDS WEST, ALONG SAID EAST LINE, 431.95 FEET TO THE POINT OF
BEGINNING ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
Page 2 of 2