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 .
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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 .
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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�
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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
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