Ordinance 2008-048 STATE OF ILLINOIS )
ss 200800020277
COUNTY OF KENDALL ) RENNETTA S
MICKELSON
KENDALL COUNTY, IL
RECORDED: 9 /9/2008 1:53 PM
ORDI: 40.00 RHSPS FEE: 10.00
Ordinance No. amo` b'4l C PAGES: 4
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS,
APPROVING A SPECIAL USE PERMIT APPLICATION FOR TITANIUM INVESTMENT
PROPERTIES DAYCARE AT 10 P RAIRIE POINTE LOT 2B, CRIMSON LANE
WHEREAS, the United City of Yorkville (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, under section 11- 13 -1.1 of the Illinois Municipal Code (65 ILCS 511 -1 -1, et seq.),
the Mayor and City Council of the City (collectively, the "Corporate Authorities ") may provide for the
classification of special uses it its zoning ordinances; and,
WHEREAS, pursuant to the United City of Yorkville Zoning Code (the "Zoning Code "), any
person owning or having an interest in property may file an application to use such land for one or more
of the special uses provided for in the zoning district in which the land is situated; and,
WHEREAS, under the authority of the Zoning Code, the property at 10 Prairie Pointe part of
Lot 213, Crimson Lane, Yorkville, Illinois (the "Subject Property"), legally described in Exhibit A,
attached and made a part of, is located in a designated service business district, and daycare centers are
allowed in this district under a special use permit; and,
WHEREAS, the Corporate Authorities have received a request for a special use permit for the
Subject Property as a daycare center from Titanium Investment Properties, L.L.C; and,
WHEREAS, a legal notice of publication regarding a public hearing before the Plan
Commission on the proposed special use permit 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, notice to property owners within the boundaries of the Subject Property identified
for the special use permit were delivered by certified mail; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 14 day of May
2008, on the question of the special use application; and,
WHEREAS, the Plan Commission reviewed the standards set forth in Section 10- 14 -6(F) of the
Zoning Code, and found that 1) the establishment, maintenance, or operation of the special use will not
be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general
welfare; 2) the special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and impair property
values within the neighborhood; 3) the establishment of the special use will not impede the normal and
orderly development and improvement of surrounding property for uses permitted in the district; 4)
adequate utilities, access roads, drainage or other necessary facilities have been or are being provided; 5)
adequate measures have been or will be taken to provide ingress or egress so designed as to minimize
traffic congestion in the public streets; and 6) the special use shall in all other respects conform to the
applicable regulations of the district in which it is located, except as such regulations may in each
instance be modified by the City Council pursuant to the recommendations of the Plan Commission;
and,
WHEREAS, upon conclusion of said public hearing, the Plan Commission recommended the
approval of the special use of the Subject Property as a daycare center.
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 and made a part this Ordinance.
Section 2. The Corporate Authorities hereby approve the special use permit application from
Titanium Investment Properties, L.L.C., for the property located at 10 Prairie Pointe part of Lot 2B,
Crimson Lane, Yorkville, Illinois, for use as a daycare center.
Section 3. 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 1
day of , A.D. 2008.
RK
ROBYN SUTCLIFF `,. JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI is MARTY MUNNS
ROSE SPEARS ,
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 10
day of J U u E 2008.
MAYOR
2
Exhibit A
Leval Description of Subiect Property
(see attached)
3
LEGAL DESCRIPTION:
LOT 2 IN PRAIRIE POINTE SUBDIVISION, BEING A PART OF SECTION 21 IN
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE
UNITED CITY OF YORKVILLE, BRISTOL TOWNSHIP, ACCORDING TO PLAT
THEREOF RECORDED NOVEMBER 30, 2006 AS DOCUMENT NO. 2006038768, IN
KENDALL COUNTY, ILLINOIS. PIN: 02 -21- 482 -002 COMMONLY KNOWN AS: LOT 2
IN PRAIRIE POINTE SUBDIVISION, PRAIRIE POINTE DRIVE, YORKVILLE, ILLINOIS.
I