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Ordinance 1985-04 ORDINANCE AN ORDINANCE GRANTING A SPECIAL USE PERMIT WHEREAS , the City Council has received a report from the Planning Commission which recommends the approval of an ordinance based upon a certain application for a special use permit to re-zone the district classification of the property hereinafter described from its present classification of R-2 , one-family residence district , to R-2 Special Use (Schools , Day or Nursery, Public or Private) ; and WHEREAS, the Yorkville Planning Commission held a public hearing prior to making its recommendations after publication of a notice of such hearing in accordance with the zoning ordinance and with the relevant sections of Chapter 24 of the Illinois Revised Statutes (1983) ; and WHEREAS , the City Council , in accordance with the recommendations and findings of the Planning Commission, finds that the following conditions are necessary for the protection of the public interest : 1 . Eliminate the gravel adjacent to Fox Road, and seed or sod the area; 2 . Provide sufficient illumination for parallel parking on a graveled surface on the parkway adjacent to State Street ; and 3 . Place the proposed four-foot fence set back 30 feet from the property line . WHEREAS , subject to the foregoing conditions , the City Council finds as follows : 1 . That the establishment , mainten- or operation of the special use will not be unreasonably detrimental to or endanger the public health , safety, morals , comfort or general welfare . Since no day care centers currently exist in Yorkville , the establishment of this special use will enhance the general welfare of citizens of Yorkville by providing licensed day care for working mothers . -2- 2 . That 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. Since the residence has been vacant for four years , the grant- ing of this special use may improve or preserve property values in the neighborhood. The Petitioner intends to make improvements on the outside of the building: painting and land- scaping. 3 . That the establishment of the special use will not impede the normal and orderly development and improve- ment of surrounding property for uses permitted in the district . Since the building will maintain its residential appearance, the establishment of this special use should not impede the nor- mal and orderly development and improve- ment of the surrounding property. 4 . That adequate utilities , access roads , drainage or other necessary facilities have been or are being provided. Pur- suant to standards of the Illinois Department of Children and Family Services , the facility must be approved before occupancy by the Illinois Department of Public Health and the Office of the State Fire Marshal , and other applicable local agencies . 5 . That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets . That the Petitioner plans to improve the property by providing parking on State Street so as to minimize the impact of any increased traffic on Fox Road. More- over, the planned facility would offer day care for 15-20 children, aged 15 months to 6 years of age. The anticipated increase of traffic would most likely occur between the hours of 7 : 00 a.m. and 9 :00 a.m. , and 3 :00 p .m. and 5 : 30 p .m. Given the number of children involved, the normal traffic on Fox Road and the spans of time for leaving and receiving the children, any increase in traffic con- gestion should be negligible . t -3- 6 . That the special use shall in all other respects conform to the applicable regulations of the dis- trict in which it is located. NOW, THEREFORE , BE IT ORDAINED by the City Council of the United City of the Village of Yorkville, Kendall County, Illinois , as follows : SECTION ONE : That the zoning ordinance of the United City of the Village of Yorkville passed and approved Larch 28 , 1974 , and as amended from time to time , be amended so that the zoning of the following described parcel of property , subject to the three conditions heretofore specified, be changed from its present classification of R-2 one-family residence district to R-2 one-family residence district special use (Schools , Day or Nursery, Public or Private) classification: Lot 2 and the Northerly 33 . 9 feet of Lot 3 , Block 10 , of the Original Village of Yorkville , in the United City of the Village of Yorkville , Kendall County, Illinois . SECTION TWO: That the Village Clerk shall make the necessary changes in the zoning map now on file in his Office so as to conform with this amendment . SECTION THREE: That this ordinance shall be in full force and effect from and after its passage and approval , as required by law. PASSED and APPROVED by the City Council this day of �� �. , 1985 . AYES : NAYS: ABSTAIN: Clerk of the United City of the Village of Yorkville, IL L� � r -4- APPROVED by the Mayor of the United City of the Village of Yorkville , Illinois , this day of 1985 . Mayor of the United City of the Village of Yorkville , IL ATTEST: Clerk of the United City of the Village of Yorkville , IL 1 ,