Ordinance 2009-61 STATE OF ILLINOIS 1 =p 1V 9 0 IL3 52
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COUNTY OF KENDALL
KI"INDW L COUNTY, )A
RECORDED: 12/9/2009 9:50 AM
ORDI: 50.00 RH8PS FEE: 10.00
PAGES: 5
THIS IS A COVER PAGE
FOR RECORDING
PURPOSES ONLY
Ordinance No. 2009-61
An Ordinance of the United City of Yorkville, Kendall County, Illinois,
Approving a Special Use Permit Application for a
Telecommunications Tower
Ordinance No. 2009 -
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A SPECIAL USE PERMIT APPLICATION FOR A TELECOMMUNICATIONS TOWER
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, under the authority of the Zoning Code, the property at 204 Wheaton Avenue,
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 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 as a telecommunications tower from SAC Wireless LLC; 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 were delivered by certified mail; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 14' day of
October 2009, 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 -50
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,
WHEREAS, the Plan Commission noted that SAC Wireless LLC requested a height variance
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; and,
WHEREAS, the Plan Commission expressed concern over an `opaque screen' as required by
Section 10 -15 -30 of the Zoning Code since the base of the proposed tower is already limited due to its
location, and concern over the metal slats in a chain link fence proposed by SAC Wireless LLC for
safety and snow drifting reasons; and,
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 subject to SAC
Wireless LLC using a chain link fence without metal slats and opaque screening.
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
SAC Wireless LLC for the property located at 204 Wheaton Avenue, Yorkville, Illinois, for use as a
telecommunications tower subject to using chain link fence without metal slats and opaque screening.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
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Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 1
day of fNW J9 S , A.D. 2009.
IT RK
ROBYN SUTCLIFF � DIANE TEELING
GARY GOLINSKI � ARDEN JOSEPH PLOCHER
WALTER WERDERICH 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 kj 4, w 2009.
tin `
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MAYOR
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Exhibit A
Legal Description of Subject Property
LOT 3 IN YORKVILLE BUSINESS CENTER, BEING A SUBDIVISION OF PART OF THE WEST
(1/2) HALF OF SECTION 16 AND PART OF THE EAST (1/2) HALF OF SECTION 17 AND ALSO
BEING A RESUBDIVISION OF WHEATON SUBDIVISION, ALL IN TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT
RECORDED OCTOBER 10, 2000 AS DOCUMENT NO. 200000013808 SLOT 718 AND 719 AND
CORRECTED BY CERTIFICATE OF CORRECTION RECORDED OCTOBER 12, 2000 AS
DOCUMENT 200000014055 AND CORRRECTED BY CERTIFICATE OF CORRECTION
RECORDED OCTOBER 25, 2000 AS DOCUMENT 200000014761 AND CORRECTED BY
CERTIFICATE OF CORRECTION RECORDED OCTOBER 31, 2000 AS DOCUMENT
200000015028, IN KENDALL COUNTY, ILLINOIS.
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