Resolution 2016-28 Resolution No. 2016-1—
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
RECOMMENDING DENIAL AND FILING OF A WRITTEN PROTEST TO THE PROPOSED
REZONING REQUEST IN PETITION NUMBER 16-22 FOR THE PROPERTY AT
790 ELDAMAIN ROAD IN BRISTOL TOWNSHIP
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, J. A. Schleining LLC (the "Applicant") has filed an application with the
County of Kendall for the rezoning of its property at 790 Eldamain Road from A-1 Agricultural
to M-1 Limited Manufacturing for a truck towing and truck storage business that is within 1.5
miles of the corporate limits of the City; and,
WHEREAS, the City has adopted a Comprehensive Plan that includes the Applicant's
property which update designated this property for estate/conservation residential uses; and,
WHEREAS, the City's Planning and Zoning Commission considered the rezoning
petition at its public meeting on August 15, 2016 and recommended by a 7 aye and 0 no vote to
the City Council that such request be denied and a formal objection by written protest be filed by
the City in that the proposed manufacturing use is currently being operated in violation of the
existing Kendall County zoning regulations, that it was inappropriate when compared to the
surrounding agricultural zoned uses and that it is inconsistent with the City's Comprehensive
Plan Update; and,
WHEREAS, the Mayor and City Council (the "Corporate Authorities") have considered
the recommendation of the Planning and Zoning Commission and agree that the rezoning does
not meet the factors established by the Illinois Supreme Court in the LaSalle National Bank and
Sinclair Pipe Line cases in that:
1. The existing uses and zoning of the nearby property are agricultural and the rezoning
would create spot zoning of incompatible uses,
2. The property values of the adjacent property would be diminished by the rezoning
allowing such dissimilar uses to be adjacent,
3. The reduction of adjacent property values would not promote the health, safety,
morals and general welfare of the pubic,
4. There is no relative gain for such a business that is lawfully permitted in many other
locations in the County compared to the potential hardships of adjoining property
owners,
5. The suitability of the property for this use cannot be assumed because such a use is
currently in violation of the county's zoning regulations and rezoning will not change
the reason that it is currently in violation,
6. The property has not been vacant considering the land use in the area,
7. There is no community need for such a use as such a use is permitted in many other
locations in the County, and
Resolution No.2016- 0-29
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8. The City has undertaken much review and care in the adoption of its Zoning
Ordinance and Comprehensive Plan Update that makes the rezoning uses inconsistent
with those regulations; and,
WHEREAS, the Corporate Authorities concur with the recommendation of the Planning
and Zoning Commission for the denial of this rezoning and the filing of this written protest
requiring the favorable vote of 3/ of all members of the County Board if such application was
considered for approval pursuant to Section 5-12014 of the Counties Code(55 ILCS 5/5-12014).
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 herein and made a part of this Resolution.
Section 2: That the Corporate Authorities hereby request that the Kendall County Board
deny the rezoning application, Petition Number 16-22, for 790 Eldamain Road or in the
alternative not approve without a 3/ vote of the County Board and require all business operations
to be within enclosed buildings and not allow any storage on gravel surfaces.
Section 3: That the City Clerk shall send a certified copy of this Resolution to the
Kendall County Department of Planning, Building & Zoning and to the Kendall County Clerk.
The City Clerk shall also send a copy by certified mail to the applicant and applicant's attorney.
Section 4: This Resolution shall be in full force and effect upon its passage and approval
as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
C2-�day of 2016.
CARLO COLOSIMO C KEN KOCH CITY CLERK
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
DIANE TEELING SEAVER TARULIS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of 14 LkCi u 5 T --12016. 41)vA
MA
Resolution No.2016- CR8
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