Ordinance 2010-56 i
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RECORDED: 4/4/2611 11:55 AM
ORDI: 52.00 RHSPS FEE: 10.00
PAGES: 7
Ordinance No. 2010 -
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AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE KUCZKOWSKI
PLANNED UNIT DEVELOPMENT AGREEMENT
WHEREAS, Ordinance No. 1998 -20, adopted June 11, 1998, by the Mayor and City Council of
the United City of Yorkville (the "City ") approved the Kuczkowski Planned Unit Development
Agreement ( " Agreement "); and,
WHEREAS, no development has occurred on the property subject to the Agreement and the
property has been sold to new owners who are seeking to amend the Agreement including rezoning the
property subject to certain conditions; and,
WHEREAS, no preliminary PUD Plan has been submitted for approval and the Agreement shall
be considered the documentation of a pre - application conference; and,
WHEREAS, the current owners and the City have agreed to amend the Agreement by the First
Amendment to Planned Unit Development Agreement.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the First Amendment to Planned Unit Development Agreement attached hereto
and made a part hereof as Exhibit A is hereby approved and the Mayor and City Clerk are authorized to
execute the First Amendment.
Section 2. That the approval of the First Amendment to Planned Unit Development Agreement
shall be subject to the following conditions:
1. If a unified development plan is proposed for the entire property, approximately 1-
acre in area, the existing lots shall be consolidated into one - single lot.
2. Any future land use proposed on the property shall comply with the permitted or
special uses listed in Section 10 -7C -1 and 10 -7C -2 of the Yorkville Zoning Ordinance
that were in effect as of the date of the petitioner's application for this Amendment.
3. Developer shall dedicate to the City an additional seven feet (7') of right -of -way
along Van Emmon Road for a total of 40 feet on the developer's side of the centerline
to accommodate a future 10 -foot wide trail across the frontage of Van Emmon Road.
4. A minimum ten foot (10') wide front yard setback shall be maintained from the right-
of -way.
5. Developer shall pay the recapture amount for the portion of the recent water main
over- sizing cost proportionate to the frontage of the property prior to the issuance of a
building permit.
Section 3. 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 14 a
day of , A.D. 2010.
C
ROBYN SUTCLIFF X. DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this /5
day of MARCH 3 .
oho/
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MAYOR
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Prepared by and Return to:
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
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Revised November 2, 2010
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
FIRST AMENDMENT TO
PLANNED UNIT DEVELOPMENT AGREEMENT
NOW COMES the owners of the real property legally described in the attached Exhibit
"A" incorporated herein by reference, JAMES CHRISTOFFERSON and JENNIFER
SCHWARZ, and the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation who
do hereby enter into this First Amendment to written Planned Unit Development Agreement, and
in support thereof state as follows:
1) Whereas an Ordinance was passed by the UNITED CITY OF YORKVILLE as
Ordinance No. 1998 -20, approving the Planned Unit Development Agreement for
the then owners of the real property described in the attached Exhibit "A" on June
11, 1998; and
2) Whereas, the current owners of said property desire to change the underlying
zoning of said property from R -2 Duplex PUD to B -2 General Business District;
and
3) Whereas, each party hereto believes that said First Amendment to the Planned
Unit Development Agreement and change in the underlying zoning will be of
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substantial economic benefit to the UNITED CITY OF YORKVILLE and related
taxing districts:
NOW THEREFORE the parties agree as follows:
1) RECITALS: The parties hereto agree that the recitals contained above are
material and significant portion of this First Amendment to the original Planned
Unit Development Agreement and shall be enforced as covenants thereof.
2) ZONING: Upon passage of Ordinance approving this First Amendment to
Planned Unit Development Agreement, public hearing, and all other acts required
to be performed under Illinois Compiled Statutes and the Zoning Ordinance of the
UNITED CITY OF YORKVILLE, the zoning of the underlying parcel legally
described in the attached Exhibit "A" is hereby modified to be B -2 General
Business District, and the original Planned Unit Development Agreement is
amended to reflect the new zoning.
3) COMPLIANCE WITH CITY ORDINANCES: In the development of the subject
real property, owners shall be required to comply with all terms and conditions of
the zoning class of B -2 General Business District, Subdivision Control Ordinance,
and all other applicable Ordinances of the UNITED CITY OF YORKVILLE.
4) SAVINGS CLAUSE: Except to the extent hereby modified by this First
Amendment to Planned Unit Development Agreement all other terms and
conditions of the original Agreement shall remain in full force and affect.
5) MODIFICATION OF ORIGINAL PUD: All references to platting, development,
and zoning requirements in the original Planned Unit Development providing for
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R -2 Duplex PUD Zoning are hereby modified and shall no longer be applicable
for the subject property.
6) DEVELOPMENT STANDARDS: Although no existing ordinance requirement
exists for front yard setback, OWNERS/DEVELOPERS agree that all front yard
properties developed within the parcels affected shall have a minimum front yard
setback of 10 foot.
7) RIGHT -OF -WAY DEDCIATION: In order to accommodate possible turn lanes
and widening of Van Emmon Street, OWNERS/DEVELOPERS agree to dedicate
at the time of Final Plat of Subdivision 7 feet along the frontage of the subject
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parcels for expansion of Right -of -Way purposes.
IN WITNESS WHEREOF, the parties have executed this First Amendment to Planned
Unit Development Agreement this day of , 20
SIGNED and APPROVED by me, as Mayor, this /J day of M ARCH ,
20 /1.
Mayor
Attes
lerk
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Owners:
It Christo erson
S
Jenr4fe chwarz
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630 -553 -9500
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EXHIBIT "A"
LEGAL DESCRIPTION
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LOTS 1, 2, AND 3 OF VAN EMMON STREET ADDITION, CITY OF YORKVILLE,
COUNTY OF KENDALL, ILLINOIS.
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