Ordinance 2008-086 B STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Ordinance No. 2008 '� Ej
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A SPECIAL USE PERMIT APPLICATION FOR RICHARD MARKER ASSOCIATES,
INC. AT 728 E. VETERANS PARKWAY
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, etseq.),
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 728 E. Veterans Parkway,
Yorkville, Illinois (the "Subject Property "), legally described in Exhibit A, attached and made a part of,
is located in an Office (0) Zoning District, which district permits drive through facilities 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 drive through from Richard Marker Associates, Inc., the Developer of the Subject
Property; 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 10` day of
September 2008, on 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 pennitted 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 drive through facility in accordance with staff
comments.
NOW THEREFORE BE IT ORDAINED b the Mayor and City Council of the United City of
> Y Y Y Y
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
Richard Marker Associates, Inc., for the property located at 728 E. Veterans Parkway, Yorkville,
Illinois, for a drive through facility.
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 I y
day of , A.D. 2008.
q4yyLERK
ROBYN SUTCLIFF JOSEPH BESCO LA _
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS u 0
ROSE SPEARS BOB ALLEN
2
i
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this I
day of OCTO60Z 2008.
MAYOR
i
3
i
Exhibit A
Legal Description of Subiect Proverty
i
LOT 8 IN HEARTLAND CENTER RESUBDIVISION OF LOT 3 IN UNIT 1. BEING A
SUBDIVISION OF PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH RANGE
7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN BRISTOL TOWNSHIP, KENDALL
COUNTY, ILLINOIS.
4