Ordinance 2010-42 STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL ) 110 10 0 0 14.4 E51
I) E E-9 13 :I: HE
I;ENDALL CUUNI - Y, IL
RECORDED: 8/19/2010 10:12 AEI
ORDI: 49.00 RHSPS FEE: 10.00
PAGES: 4
Ordinance No. 2010 - Aa.
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING A SPECIAL USE PERMIT APPLICATION FOR A
TELECOMMUNICATIONS TOWER FOR U.S. CELLULAR
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 511 -1 -1, et seq.),
the Mayor and City Council of the City (collectively, the "Corporate Authorities ") may provide for the
classification of special uses it its zoning ordinances; and,
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, U.S. Cellular is the lessee of property located at 1947 US Route 34, Yorkville,
Illinois, identified as permanent index number (PIN) 02 -19- 300 -009, legally described in Exhibit A,
attached to and made a part of this Ordinance (the "Subject Property "); and,
WHEREAS, under the authority of the Zoning Code, the Subject Property is located in a
designated B -3 Service Business District, and a telecommunications tower is 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 for a telecommunications tower from U.S. Cellular; and,
WHEREAS, a legal notice of publication 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 (30) nor less than fifteen (15) days prior to the public
hearing; and,
WHEREAS, notice to property owners within the boundaries of the Subject Property identified
for the special use permit was delivered by certified mail; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 14 day of July
2010, on the question of the special use application; and,
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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, the Plan Commission also considered the following factors set forth in 10- 15 -5(C)
of the Zoning Code:
1) height of the proposed antenna, antenna structure or tower;
2) proximity of the antenna, antenna structure or tower to residential structures and
residential district boundaries;
3) nature of uses on adjacent and nearby properties;
4) surrounding topography;
5) surrounding tree coverage and foliage;
6) design of the antenna, antenna structure or tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual obtrusiveness;
7) proposed ingress and egress; and,
8) availability of suitable existing antennas, antenna structures, towers, alternative power
structures and other structures, or alternative technologies not requiring the use of towers
or structures as discussed elsewhere in Chapter 15 of the Zoning Code; and,
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WHEREAS, upon conclusion of said public hearing, the Plan Commission recommended the
approval of the special use of the Subject Property for a telecommunications tower for U.S. Cellular;
and,
WHEREAS, U.S. Cellular requested a height variance for the Subject Property before the
Zoning Board of Appeals and received a favorable recommendation which will be addressed before the
United City of Yorkville City Council simultaneously with this Ordinance.
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
U.S. Cellular for the property located at 1947 US Route 34, Yorkville, Illinois, for use as a
telecommunications tower.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
�A
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this t
day of , A.D. 2010.
' - J
CI CL
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH O MARTY MUNNS
ROSE ANN SPEARS � GEORGE GILSON JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of 2010.
lut - o�
MAYOR
Prepared by and Return to:
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
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Exhibit A
Legal Description of Subiect Property
LEGAL DESCRIPTION OF PARENT PARCEL
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY:
COMMENCING AT A POINT ON THE WEST LINE OF SAID SOUTHWEST QUARTER AT THE INTERSECTION OF
THE NORTH RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 34 FOR THE POINT OF BEGINNING; THENCE
NORTH 00 DEGREES 10 MINUTES 28 SECONDS EAST ALONG THE WEST LINE OF SAID SECTION, 600 FEET;
THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST PARALLEL WITH SAID NORTH LINE OF
ROUTE NO. 34, 148.00 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 28 SECONDS WEST PARALLEL WITH
SAID WEST LINE, 600 FEET TO SAID NORTH LINE; THENCE NORTH 84 DEGREES 36 MINUTES 32 SECONDS
WEST ALONG SAID NORTH LINE, 148.00 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF
BRISTOL, KENDALL COUNTY, ILLINOIS;
EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SAID SECTION 19 -37 -07 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00
DEGREES 10 MINUTES 27 SECONDS EAST 369.24 FEET ON AN ASSUMED BEARING ALONG THE WEST LINE 1
OF SAID SOUTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES
10 MINUTES 27 SECONDS EAST ALONG SAID WEST LINE 600 FEET; THENCE SOUTH 84 DEGREES 36
MINUTES 32 SECONDS EAST 50.21 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 27 SECONDS WEST
537.74 FEET; THENCE SOUTH 49 DEGREES 22 MINUTES 39 SECONDS EAST 81.47 FEET; THENCE SOUTH 84
DEGREES 36 MINUTES 32 SECONDS EAST 35.53 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 27
SECONDS WEST 15.06 FEET TO THE EXISTING NORTH RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE
NORTH 84 DEGREES 36 MINUTES 32 SECONDS WEST 148.00 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. SITUATED IN THE COUNTY OF KENDALL AND
STATE OF ILLINOIS.
LEGAL DESCRIPTION OF NEW U.S. CELLULAR LEASE AREA i
COMMENCING AT FOUND IRON PIPE AT NORTHEAST CORNER OF PARENT PARCEL; THENCE SOUTH 00
DEGREES 49 MINUTES 21 SECONDS EAST ALONG EAST LINE OF AFORESAID PARENT PARCEL 49.06 FEET;
THENCE SOUTH 89 DEGREES 10 MINUTES 39 SECONDS WEST 6.73 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 49 MINUTES 21 SECONDS EAST 60.00 FEET TO THE POINT HENCEFORTH
KNOWN AS POINT "A"; THENCE SOUTH 89 DEGREES 10 MINUTES 39 SECONDS WEST 60.00 FEET; THENCE
NORTH 00 DEGREES 49 MINUTES 21 SECONDS WEST 60.00 FEET; THENCE NORTH 89 DEGREES 10 MINUTES
39 SECONDS EAST 60.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,600.0 SQUARE FEET OF LAND,
MORE OR LESS, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
LEGAL DESCRIPTION OF NEW U.S. CELLULAR UTILITY EASEMENT
COMMENCING AT THE AFORESAID POINT "A "; THENCE SOUTH 89 DEGREES 10 MINUTES 39 SECONDS
WEST 60.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 10 MINUTES 39
SECONDS WEST 30.65 FEET TO THE EAST RIGHT -OF -WAY LINE OF ELDAMAIN ROAD; THENCE NORTH 00
DEGREES 49 MINUTES 21 SECONDS WEST 8.00 FEET ALONG AFORESAID EAST RIGHT -OF -WAY LINE;
THENCE NORTH 89 DEGREES 10 MINUTES 39 SECONDS EAST 30.65 FEET; THENCE SOUTH 00 DEGREES 49
MINUTES 21 SECONDS EAST 8.00 FEET TO THE POINT OF BEGINNING. CONTAINING 245.2 SQUARE FEET OF
LAND, MORE OR LESS, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
LEGAL DESCRIPTION OF NEW U.S. CELLULAR ACCESS EASEMENT
BEGINNING AT THE AFORESAID POINT "A "; THENCE SOUTH 00 DEGREES 49 MINUTES 21 SECONDS EAST
12.00 FEET; THENCE SOUTH 89 DEGREES 10 MINUTES 39 SECONDS WEST 90.65 FEET TO THE EAST RIGHT -
OF -WAY LINE OF ELDAMAIN ROAD; THENCE NORTH 00 DEGREES 49 MINUTES 21 SECONDS WEST 12.00
FEET ALONG AFORESAID EAST RIGHT -OF -WAY LINE; THENCE NORTH 89 DEGREES 10 MINUTES 39
SECONDS EAST 90.65 FEET TO THE POINT OF BEGINNING. CONTAINING 1087.8 SQUARE FEET OF LAND,
MORE OR LESS, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
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