Loading...
HomeMy WebLinkAboutOrdinance 2026-16 202600003528 DEBBIE GILLETTE RECORDER-KENDALL COUNTY, IL RECORDED: 03/13/2026 02:10 PM RECORDING FEE 57.00 PAGES: 12 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2026-16 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE PI PUBLIC INSTITUTIONAL ZONING DISTRICT OF CERTAIN TERRITORY LOCATED GENERALLY NORTH OF RIVER ROAD, WEST OF GAME FARM ROAD, AND EAST OF ELDAMAIN ROAD (Yorkville School District 115) Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 10th day of February, 2026 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 February 15, 2026. Ordinance No. 2026-16 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,APPROVING THE REZONING TO THE PI PUBLIC INSTITUTIONAL ZONING DISTRICT OF CERTAIN TERRITORY LOCATED GENERALLY NORTH OF RIVER ROAD,WEST OF GAME FARM ROAD, AND EAST OF ELDAMAIN ROAD (Yorkville School District 115) 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,Yorkville School District 115 ("Applicant"), owns approximately 155 acres of property, located generally north of River Road, west of Game Farm Road, and east of Eldamain Road ("Subject Property") within the corporate limits of the City, legally described in Exhibit A and as shown on Exhibit B attached hereto and made a part hereof; and WHEREAS, the Applicant desires to rezone the Subject Property, which is currently classified as R-1 Single-Family Suburban Residence Zoning District into the PI Public Institutional Zoning District; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on January 14, 2026, 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 Corporate Authorities have received and considered the recommendation of the Planning and Zoning Commission. Ordinance No.2026-16 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. The Planning and Zoning Commission recommended approval of this rezoning request after making the Findings of Fact that are attached hereto as Exhibit C. Section 3. That the Corporate Authorities hereby approve the rezoning of the Subject Property, legally described in the attached Exhibit A, with Property Index Numbers 02-29-300- 002, 02-30-400-006 and 02-31-226-002, into the PI Public Institutional Zoning District. Section 4. 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 10th day of February, A.D. 2026. tcA. cuwvnit-0 C Y CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE RUSTY CORNEILS AYE RUSTY HYETT AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this l -'day of F,(tO1L1O , A.D. 2026. MAYOR Attest: ( � 1 Th C Y CLERK Ordinance No. 2026-16 Page 3 accet3 JOZ.- 30 - 400- cre(o ; +OZ 31 Exhibit A STATE OF ILLINOIS ) )SS COUNTY OF LASALLE ) To: CHICAGO TITLE INSURANCE COMPANY This is to certify that this map or plat and the survey on which it was based were made in accordance with the 2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys jointly established and adopted by ALTA, and NSPS, and does not include Table A items. The initial fieldwork was completed on 09/06/2024. Legal Description as Provided on Title Commitment The East Half of the Northeast Quarter (Except 10.41 acres on the North End thereof), and the East Half of the Southeast Quarter of Section 30, and that part of the East Half of the Northeast Quarter of Section 31 North of the Fox River, containing 20.42 acres, all in Township 37 North, Range 7 East of the Third Principal Meridian, situated in the Town of Bristol, in the County of Kendall, and State of Illinois; subject to the Right-of-Way for Highway Purposes described in Deed Record 72 Page 560 and Deed Record 98 Page 131, Records of Kendall County, Illinois. Exception 1 (EXCEPTING THEREFROM) The tract of land described in the Warranty Deed, dated June 7th, 1947, Made by Edward J. Heinz and Mary D. Heinz, his wife, to Laurence J. Flynn, Alma Flynn, William C. Buckberg, recorded in Warranty Deed Record 97 Page 435, Records of Kendall County, Illinois. Exception 2 (AND EXCEPTING) That part of the East Half of the Southeast Quarter of Section 30 and of the East Half of the Northeast Quarter of Section 31, Township 37 North Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of said Section 31; thence South along the East line of said Section 31, 277.6 feet to the centerline of the North River road; thence South 86 degrees 06 minutes 00 seconds West along said Centerline 746.6 feet; thence South 84 degrees 36 minutes 00 seconds West along said Centerline 292.35 feet for the Point of Beginning; thence North 00 degrees 53 minutes 00 seconds East 403.95 feet; thence North 87 degrees 12 minutes 00 seconds West 295.1 feet to the West line of the Southeast Quarter of the East Half of said Section 30; thence South 00 degrees 53 minutes 00 seconds West along said West line and the West line of the East Half of the Northeast Quarter of Section 31, 454 feet to said Centerline of North River Road; thence North 82 degrees 46 minutes 00 seconds East along said centerline 202.65 feet; thence North 84 degrees 23 minutes 00 seconds East along said Centerline 93.7 feet to the Point of Beginning, in the Township of Bristol, Kendall County, Illinois. Exception 3 (AND ALSO EXCEPTING) That part of the Northeast Quarter of Section 30, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northeast corner of said Northeast Quarter; thence South 00ndegrees 39 minutes 10 seconds East along the East line of said Northeast Quarter 378.90 feet to the North Right-of-Way line of U.S. Route No. 34 for a Point of Beginning; thence South 00 degrees 39 minutes 10 seconds East along said East line, 1532.20 feet; thence South 89 degrees 05 minutes 00 seconds West 1322.55 feet to the West line of the East Half of said Northeast Quarter; thence Northerly along said West line, 1670.29 feet to said North Right-of-Way line; thence Easterly along said North line, 1330.88 feet to said North Right-of-Way line; Thence Easterly along said North line, 1330.88 feet to the Point of beginning in Bristol Township, Kendall County, Illinois and containing 48.647 acres. Exception 4 (AND ALSO EXCEPTING) That part of the East Half of Section 30, Township 37 North, Range 7 East of the Third Principal Meridian being described as follows: Commencing at a found Stone at the Southeast corner of said Section 30; thence North 01 degree 10 minutes 20 seconds West along the East line of said Section 30, a distance of 2650.43 feet to the East Quarter corner of said Section 30 for the Point of Beginning; thence South 01 degrees 10 minutes 20 seconds East along said East line, 502.04 feet; thence South 88 degrees 45 minutes 41 seconds West 2.48 feet; thence North 01 degree 14 minutes 18 seconds West, 1241.43 feet; thence North 88 degrees 29 minutes 52 seconds East, 2.19 feet to a point on said East line, said Point being 739.40 feet Northerly of said East Quarter corner; thence South 01 degree 18 minutes 22 seconds East along said East line, 739.40 feet to the Point of Beginning, all in Township of Bristol, Kendall County, Illinois. SCHEDULE B - PART II General Exceptions 1. Rights or claims of parties in possession not shown by Public Records (Not known to surveyor at time of Survey.) 2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. (Not known to surveyor at time of Survey.) 3. Easements, or claims of easements, not shown by the Public Records. (Not known to surveyor at time of Survey.) 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records (Not known to surveyor at time of Survey.) 5. Taxes or special assessments which are not shown as existing liens by the Public Records (Not known to surveyor at time of Survey.) 21. Rights of the Public, the State of Illinois, and the municipality in and to that part of the Land, if any, taken or used for road purposes, together with utility rights therein. North River Road: County of Kendall (As shown on Survey.) 22. Rights of Way for drainage tiles, ditches, feeders, laterals, and underground pipes, if any. (As shown on Survey.) 24. Easement Contract Grant of Permanent Sewer and Water easement and Temporary Construction Easement recorded July 27, 1994 as document 9407616 (1994-07616), made by Merchants National Bank of Aurora, as Trustee under Trust Agreement dated October 2, 1973 and known as Trust Number 2175 to the City of Yorkville, a municipal corporation of Illinois (As shown on Survey.) 25. Water lines and manholes appurtenant to the easement shown above, as shown on Plat of Survey made by R.B. & Associates Land Surveyors, Inc. dated February 26, 2004 JOB#2004-11888-001 b (As shown on Survey.) 26. Easement(s)for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Illinois Bell Telephone Company, it's successors and assigns. Purpose: Easement Recording Date: February 27, 1974 Recording No.: 74-752 Affects: The S1/2 Half) public road known as U.S. (South of a Route 34 in the East 1/2 (East Half) of the NE 1/4 (Northeast Quarter) 30-37-7 (Section 30, Township 37 North, Range 7 East) (Easement is in no part contained within the bounds of this parcel. See description and area marked "Exception 3", wherein above easement is contained in-whole or in-part.) 27. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The Yorkville-Bristol Sanitary District Purpose: Easement Recording Date: December 14, 2004 Recording No.: 200400034866 (As shown on Survey.) YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT PARCEL 02-29-300-002 THAT PART OF SECTION 29,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF CONOVER'S THIRD SUBDIVISION;THENCE EASTERLY, ALONG THE EXTENSION OF THE SOUTHERLY LINE OF SAID SUBDIVISION, TO THE CENTER LINE OF GAME FARM ROAD; THENCE SOUTHERLY ALONG SAID CENTER LINE OF GAME FARM ROAD TO THE SOUTHERLY LINE OF LOT 8 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AS SHOWN BY PLAT BOOK 1 PAGE 81; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29;THENCE SOUTHERLY,ALONG SAID WEST LINE,TO THE CENTERLINE OF BLACKBERRY CREEK;THENCE WESTERLY AND NORTHERLY, ALONG SAID CENTERLINE,TO THE SOUTHERLY LINE EXTENDED WESTERLY OF SAID CONOVER'S THIRD SUBDIVISION; THENCE EASTERLY, ALONG SAID EXTENDED LINE AND THE SOUTHERLY LINE TO THE POINT OF BEGINNING, IN THE UNITED CITY YORKVILLE, KENDALL COUNTY, ILLINOIS. 1 ' _1 ' il_� I _ �I & Ti1iJ/ �! a r _ u � � W I �'a r - —t _® , '„'1 , _ 1. C� Al rdP� _ — 4 t W 1-1 I- i '}' _: _iyl I—T—d 4,_ — ' Y t ._ i t aIa-_ } �` 1 �1 J t i.- - _a C.r I! 1 _ r * r _,I t 'I. `- ., c;.,,r -{4— ice:- j r T LI ( 1 1 1 j- ' III 1 ;� � , 11� l I R r I �' }L Tr ..:r I r.I.,:.--ilt ,--4,,,---, isi - ) - , -- , . ' 1 i' l' `' 1 -1 — * � is I "i ' 1 1 i ce ;-' .; .J � ' 1 , ,. ' ! 4 .. Y [ am. - -.._-- -I I,i 1 1- ll ;1 In Ir�f�JR., I - u� +,- ` - = N — ti 1 h I }U N 1I m.!ta ` N - -a -� �f C I � } A CJ [ low 2 �a ' ; , 1 ` II ,, _ 0 40N NG I 1 C c0 (I) Exhibit C APPLICATION FOR REZONING REZONING STANDARDS PLEASE STATE HOW THE MAP AMENDMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE PURPOSES OF THE UViFIED DEVELOPMENT ORDINANCE: The proposed map amendment aligns with the Comprehensive Plan by supporting the development of public institutional facilities, such as schools, which are recognized as essential community services. The rezoning to the PI (Public Institutional) District is consistent with the Unified Development Ordinance's purpose of accommodating properties operated by public entities to provide necessary services. This amendment also reflects the Comprehensive Plan's emphasis on rational land use planning and the provision of infrastructure to support community growth. PLEASE STATE HOW THE.MAP AMENDEMENT IS COMPATIBLE WITH THE EXISTING AND PLANNED USES AND ZONING OF NEARBY PROPERTIES: The map amendment is compatible with the surrounding land uses and zoning, as the parcel is transitioning from agricultural use to a public institutional designation. This change supports the planned growth of Yorkville, addressing the need for additional school facilities due to population increases. The proposed zoning ensures that the property will serve the community while maintaining harmony with nearby residential and agricultural areas, as outlined in the Comprehensive Plan and zoning standards. PLEASE STATE HOW THE SUBJECT PROPERTY IS SUITABILE FOR THE PURPOSES OF THE PROPOSED ZONING DISTRICT: The subject property is highly suitable for the proposed PI (Public Institutional) zoning district.As a 110.025-acre parcel of former agricultural land, it provides ample space to accommodate public school facilities that are essential for serving the growing Yorkville community. The property's location aligns with the Comprehensive Plan's goals of supporting community infrastructure and ensuring accessibility to public services. Additionally, the transition from agricultural use to institutional use is consistent with the area's development trends and the Unified Development Ordinance's intent to provide necessary services while maintaining compatibility with surrounding land uses. PLEASE STATE HOW THE PROPOSED MAP AMENDEMENT WILL NOT RESULT IN AN INDIVIDUAL PARCEL ZONED IN ONE ZONING DISTRICT THAT IS NOT SHARED BY ANY ADJACENT PARCELS. The proposed map amendment will not result in an individual parcel zoned in a district that is not shared by adjacent parcels. The rezoning to the PI (Public Institutional) District aligns with the surrounding land use patterns and planned developments, as outlined in the Comprehensive Plan. Adjacent parcels are either currently zoned for compatible uses or are planned for similar public, institutional, or community-serving purposes, ensuring continuity and integration with the broader zoning framework. APPLICATION FOR REZONING REZONING STANDARDS PLEASE STATE HOW THE PROPOSED PARCEL(S)TO BE REZONED SHALL MEET THE MINIMUM FRONTAGE AND AREA REQUIREMENTS OF THE REQUESTED ZONING DISTRICT AS SPECIFIED IN SECTION 10-3-9(A)IN THE UNIFIED DEVELOPMENT ORDINANCE,UNLESS OTHERWISE GRANTED RELEIF AS SPECIFIED IN SECTION 10-8-9 VARIATIONS: The proposed parcel(s) to be rezoned will meet the minimum frontage and area requirements of the PI (Public Institutional) zoning district as specified in Section 10-3-9(A)of the Unified Development Ordinance. The parcel's size of 110.025 acres exceeds the minimum area requirements, and its configuration ensures compliance with frontage standards. No relief or variations are anticipated to be necessary under Section 10-8-9, as the property is well-suited to meet all zoning requirements for the proposed district. PLEASE STATE THE COMMUNITY NEED FOR THE PROPOSED LAND USE: The proposed land use addresses a critical community need by providing space for public school facilities to accommodate Yorkville's growing population. The student population since 2002 has grown by 4,744 students. The last buildings were constructed in 2009 when the student population was 5,100. The student population as of 2025 is 7,151. The District needs to increase the capacity across all grade levels. As highlighted in the Comprehensive Plan, the city is experiencing significant residential growth, leading to increased demand for educational infrastructure. Rezoning the parcel to the PI (Public Institutional) District ensures the community has the necessary resources to support current and future students, aligning with the city's vision for sustainable development and enhanced public services. This land use will directly contribute to the well-being and educational success of Yorkville's residents. PLEASE STATE THE LENGTH OF TIME THE PROPERTY HAS BEEN VACANT AS ZONED CONSIDERED IN THE CONTEXT OF LAND DEVELOPMENT IN THE AREA IN THE VICINITY OF THE SUBJECT PROPERTY: The subject property has not been vacant in the traditional sense. The property has historically been agricultural. Farmed as a family farm for generaltion and served the broader community in a different way. The subject property is well suited for development as public infrastructure for the Yorkville School District. APPLICATION FOR REZONING AGREEMENT I VERIFY THAT ALL THE INFORMATION IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND AND ACCEPT ALL REQUIREMENTS AND FEES AS OUTLINED AS WELL AS ANY INCURRED ADMINISTRATIVE AND PLANNING CONSULTANT FEES WHICH MUST BE CURRENT BEFORE THIS PROJECT CAN PROCEED TO THE NEXT SCHEDULED COMMITTEE MEETING. I UNDERSTAND ALL OF THE INFORMATION PRESENTED IN THIS DOCUMENT AND UNDERSTAND THAT IF AN APPLICATION BECOMES DORMANT IT IS THROUGH MY OWN FAULT AND I MUST THEREFORE FOLLOW THE REQUIREMENTS OUTLINED ABOVE. t 0. 1 c, . 25 PETITIONER SIGN URE DATE OWNER HEREBYAUTHORIZESSH,ET ON TO ETRE APPROPRIATEENTITLEMENTSONTHEPROPERTY. I vI i lCA OWNER SIGNATURE DATE OFFICIAL SEAL THIS APPLICATION MUST BE .' CATHERINE RENEE DAVIS (\/-1 ��, NOTARIZED PLEASE NOTARIZE HERE: Notary Commissioni , No.1State of1 Illinois �,�.:. ••.- No.1013884 `9 �J My Commission Expires July 15,2029