Ordinance 2010-11 STATE OF ILLINOIS )
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COUNTY OF KENDALL ) 2 Co 1 0 0 0 0 4 -3 9
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RECORDED: 6/8/2010 1:15 PH
ORDI: 49.00 RHSGS FEE: 10.90
PAGES: 4
Ordinance No. 2010 - -_
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A SPECIAL USE PERMIT APPLICATION FOR PAM KLEINWACHTER
dba WE GROW KIDS, INC. DAYCARE AT 101 GARDEN STREET
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 5/1 -1 -1, et seq.),
the Mayor and City Council of the City (collectively, the "Corporate Authorities ") may provide for the
classification of special uses through its zoning ordinances; and,
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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 101 Garden Street,
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 Pam Kleinwachter dba We Grow Kids, Inc.; and,
WHEREAS, a legal notice 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 (3 0) nor less than fifteen (15) days prior to the public hearing; and,
WHEREAS, notice to property owners within five hundred (500) feet 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 10 "' day of
February 2010, 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, subject to staff review comments
for site plan approval and Plan Commission's recommendation to move the access point for the play
area to the flat land at the northwest corner, and re- evaluate the parking lot with each additional tenant
and when the neightboring property develops to create access between the subject property and the
adjacent property to the west.
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 of this Ordinance.
Section 2. The Corporate Authorities hereby approve the special use permit application from
Pam Kleinwachter dba We Grow Kids, Inc. for the property located at 101 Garden Street, Yorkville,
Illinois, for use as a daycare center, subject to the foregoing preambles.
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
day of �I� , A.D. 2010.
ERK
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ROBYN SUTCLIFF DIANE TEELING ---
ARDEN JOE PLOCHER C� WALLY WERDERICH
kit—
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of M ��CfI , A.D. 2010.
MAYOR
�REPflRtD IJ� Rtfu"I ►o'
UN TED �n`I OF SO V_V ILLF
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Exhibit A
Legal Description of Subiect Property
Lot 1 of Prairie Garden, a subdivision of pan of the Northeast Quarter of Section 5, Township 36, North,
Range 7 East of the Third Principal Meridian, City of Yorkville, Kendall County, Illinois.
P.I.N.: 05 -05- 252 -001
Commonly Known As: 101 Garden Street, Yorkville, Illinois, 60560
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