Ordinance 2012-10 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2012-10
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
DENYING A SPECIAL USE PERMIT TO FILL AND GRADE PROPERTY
COMMONLY KNOWN AS EVERGREEN FARM ESTATES
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 8"'day of May, 2012
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on May 15, 2012.
Ordinance No. 2012- /0
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
DENYING A SPECIAL USE PERMIT TO FILL AND GRADE PROPERTY
COMMONLY KNOWN AS EVERGREEN FARM ESTATES
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, pursuant to the Illinois Municipal Code (65 ILCS 5/11-13-1.1, et seq.), the Mayor
and City Council of the City (collectively, the "Corporate Authorities") may provide for and allow the
classification of special uses in its zoning ordinances; and,
WHEREAS, pursuant to the Yorkville Zoning Ordinance (the "Zoning Code"), any person
owning or having an interest in property may file an application to use such property 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 the northeast and southeast
corners of Fox and Pavillion Roads in Yorkville, Illinois, commonly known as Evergreen Farm Estates
(the "Subject Property"), is located in a designated R-2 One-Family Residence District District, and the
"filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes" is
allowed in this district by a special use permit pursuant to Section 10-6C-2 of the Zoning Code; and,
WHEREAS, the Corporate Authorities have received a request for such a special use permit for
the Subject Property from D Construction Management agent for the owner of the Subject Property
Brandon Road properties, LLC; and,
WHEREAS, notice of a public hearing before the Plan Commission on this special use request
was duly published on February 16, 2012 in the Kendall County Record, a newspaper of general
circulation in the City; and,
WHEREAS, after notice to property owners within five hundred (500) feet of the Subject
Property the Plan Commission convened and held a public hearing on March 14, 2012 and a public
meeting on April 11, 2012, to consider the requested special use; and,
WHEREAS, the Plan Commission reviewed the standards set forth in Section 10-14-61 of the
Zoning Code and made findings of fact and a recommendation to the Corporate Authorities; and,
WHEREAS, the Plan Commission's recommendation was to deny the requested special use by a
vote of 5 nays and no ayes finding that the requested special use did not meet the standards in Section
10-14-6.17 to grant such a special use; and,
WHEREAS, the Corporate Authorities have reviewed the Plan Commission's findings of fact,
transcripts of the hearings and recommendation; and,
WHEREAS, the Corporate Authorities find that the proposed special use will unreasonably be
detrimental to and endanger the public health, safety, comfort and general welfare because;
Ordinance No. 2012-1
Page 2
I. The Petitioner failed to provide adequate information regarding the plans for site grading,
2. The Petitioner failed to provide adequate information regarding plans for storm water
drainage,
3. The Petitioner failed to provide a traffic study or adequate information regarding the
impact caused by the increase in truck traffic,
4. That the increase of large trucks carrying fill will increase traffic hazards to existing
roads already with high levels of traffic and near residential areas with its impact on
pedestrians and bicyclist using the roadways,
5. That the increase in truck traffic will increase traffic noise,
6. That the dumping and grading of fill on the Subject Property will increase the noise and
dust coming from those operations,
7. That there was a failure to establish a drainage protection plan for neighboring residential
properties,
8. That there is concern that contaminated dirt may be dumped on the Subject Property near
adjoining residential properties or the future residential lots on the Subject Property,
9. That there was no plan for protection of the wells of nearby residential properties, and
10. That there was no information regarding the impact on returning the Subject Property to a
farming operation or on future development as a residential subdivision.
WHEREAS, the Corporate Authorities find that the proposed special use will be injurious to the
use and enjoyment of adjoining properties and impair property values in those neighborhoods because of
the issues raised in the whereas clause above; and
WHEREAS, the Corporate Authorities find that the proposed special use does not have an
adequate drainage plan nor access roads because of the lack of a traffic plan showing that the access
points are safe for the entrance and exit of large trucks; and
WHEREAS, the Corporate Authorities find that adequate measures have not been taken to
provide for safe ingress and egress to minimize congestion in the public street as stated in the whereas
clauses above; and
WHEREAS, the Corporate Authorities find that the proposed special use at this location would
have adverse effects above and beyond those associated with such a special use if located elsewhere in
the same zoning district.
NOW, THEREFORE, BE IT ORDAINED by the 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 Corporate Authorities hereby deny the special use application PC 2012-02 to
allow the "filling of holes, pits or lowlands with noncombustible material free from refuse and food
wastes" upon the Subject Property.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Ordinance No. 2012- 1()
Page 3
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Op
day of (,� , A.D. 2012.
CITY CLERK
ROSE ANN SPEARS DIANE TEELING _
\�GEORGE GILSON JR. JACKIE MILSCHEWSKI
l T
CARLO COLOSIMO MARTY MUNNS
CHRIS FUNKHOUSER LARRY KOT
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of MAY 2012.
i
MAYOR
Ordinance No. 2012- 10
Page 4