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Plan Commission Packet 2011 07-13-11 Clio United City of Yorkville "% 800 Game Farm Road EST. '� _y 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 o ,t� ew Fax: 630-553-7575 Om�saa� `�I J� KentlallCgwy �.i <LE ,vv PLAN COMMISSION AGENDA Wednesday, July 13, 2011 Yorkville Public Library 902 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: June 8, 2011 Citizen's Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PC 2011-04 United City of Yorkville, Kendall County, Illinois, is proposing to amend Title 10, Chapter 14, Section 11 of the Yorkville City Code to provide regulations as to the application process and withdrawal of applications in the Yorkville Zoning Ordinance. Old Business 1. Update on PC 2011-02 United City of Yorkville is proposing to amend Title 11, Chapter 1, Section 4 of the Municipal Subdivision Control Ordinance to revise the definition of"Subdivision" as it relates to the enumerated instances for which a plat is not required. New Business 1. PC 2011-03 Alfred and Jacqueline Jongejan have filed an application with Kendall County, Illinois, requesting a Special Use for a Bed & Breakfast establishment in the County. The property consists of approximately 2.4 acres and is located at 7336A Route 34 in Bristol Township. - Action Items i. Mile and 1/2 Review Adjournment DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION Library Historic Room Wednesday,June 8, 2011 7:00pm Commission Members in Attendance: Chairman Anne Lucietto Jeff Baker Tom Lindblom Jane Winninger Clarence Holdiman Jack Jones (arr. 7:04pm) Absent: Sandra Adams, Michael Crouch, Charles Kraupner Other City Staff Krysti Barksdale-Noble, Economic Development Director Paul Zabel, Building Code Official Other Guests Richard Scheffrahn Chairman Lucietto called the meeting to order at 7:00pm. Roll call was taken and a quorum was established. Previous Meeting Minutes - March 9, 2011 The minutes were approved on a motion by Lindblom and second by Baker. Voice vote approval. Citizen's Comments None Public Hearings 1. PC 2011-02 United City of Yorkville is proposing to amend Title 11, Chapter 1, Section 4 of the Municipal Subdivision Control Ordinance to revise the definition of"Subdivision" as it relates to the enumerated instances for which a plat is not required. Ms. Barksdale-Noble said a developer approached the City and was considering dividing a parcel (less than 5 acres) that was already platted, but without building a road. The current subdivision control ordinance does not allow that. This would delay the development and create a financial impact because of an associated fee. The State Plat Act already allows for dividing into 2 separate parcels (when under 5 acres) without a local preliminary and final plat process. 1 The proposed amendment would revise the ordinance to permit this division allowing the project to proceed and streamline the process. Ms. Barksdale-Noble reviewed the amendment language for the Commissioners. Mr. Baker said he opposed the language that stated"5 acres or more". Under this language, no new streets or easements are allowed and he said this would landlock the property. Ms. Barksdale-Noble said this would require the new property owner to proceed through City channels to gain access to the property and remove the burden from the original owner. The definition of"subdivision"was also discussed. Mr. Baker said"re-subdivision" should be in a separate category. It was noted that the proposed City language change is already included in the State Code. Ms. Barksdale-Noble said the Commissioners should decide if they wish the City language to be more stringent than the State language or less stringent. Ms. Barksdale-Noble asked the Commission to make the recommendation for a separate re-subdivision category and she will revise the amendment language for the next meeting. Commissioner Baker also suggested this proposed change be reviewed by the Zoning Commission. Action Items Mr. Baker moved to approve PC2011-02 and Jones seconded the motion. Baker then stated he wished to amend the motion to split the definition of"subdivision" and"re- subdivision". Jones seconded this amended motion. Roll call vote for amended motion: Jones-yes, Baker-yes, Lindblom-no, Holdiman-yes, Lucietto-no, Winninger-yes. Motion passed 4-2. Roll call vote on original motion: Jones-yes, Baker-yes, Lindblom-yes, Holdiman-yes, Winninger-yes, Lucietto-yes. Unanimous approval. Ms. Barksdale-Noble will bring the revised language to the next meeting. Old Business: None New Business: --Ms. Lucietto said the Kendall County Consortium would meet June 9 at the Sugar Grove Public Library. The topic will be "Healthy Communities". The Consortium now falls under the supervision of Kendall County. --Ms. Barksdale-Noble said the Building Code Update is now finished and will be brought to the first July Council meeting. This update will move the City from 2002 codes to 2009. Baker asked about the new housing sprinklers. City staff recommended sprinkler systems in any new construction over 3500 square feet. However, the Building Code committee members recommended no sprinkler systems. Both of these recommendations were presented at the recent EDC meeting and it will move to City Council for a determination. 2 Additional Business - There was no further business and meeting was adjourned at 7:18pm on a motion by Jones and second by Holdiman. All in favor. Minutes respectfully submitted by Marlys Young 3 =`��o sir Memorandum 0 a -0 To: Plan Commission EST. ! - 1836 From: Krysti J. Barksdale-Noble, Community Development Director 1 CC: Bart Olson, City Administrator Lisa Pickering, Deputy Clerk(for distribution) Date: July 6, 2011 <kE 1 Subject: PC 2011-04 - Proposed Policy for Dismissing Dormant Zoning Applications/Petitions and Refund of Deposits Background Since the downturn in the housing market, there has been a backlog of developer petitions/applications with little to no activity for more than a year. Most of these applications have engineering and legal deposits associated with them. In total, there are approximately 30 development applications and nearly$110,000.00 in deposits. Staff has begun to identify which applications are dormant and have contacted the petitioner as to their intention to move forward with the project. We have also determined which applications with associated deposits are eligible for refund. It is important to note that the deposits are not associated with the city's general fund balance and the release of the funds will have no budgetary impact. Further, upon releasing the stagnant application deposits the city will have satisfied an audit obligation. Requested Text Amendment Currently, the city does not have a policy which explicitly allows zoning applications to be dismissed in cases where the applicant has been unresponsive for an extended period of time. Therefore, staff is proposing to amend the Zoning Administration and Enforcement chapter of the City Code to add a new section titled "Incomplete and Dormant Petitions and Applications". This new section will provide further regulations regarding the zoning application process and the withdrawal of applications if any of the following circumstances exist: • The application is incomplete and the applicant has been notified of such deficiencies and has not responded or provided a timeline for completing the application within ninety (90) days from the time of notification; • The applicant has not responded in writing to a request for information or documentation from the initial Plan Council review within six (6) months from the date of the request; • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety (90) days from the date of the request. Staff proposes that the applicant will be notified in writing by the Community Development Department of the intent to dismiss the application within thirty (30) days from the date of the written notice and all remaining legal and engineering deposits will be refunded at that the time of dismissal. Staff Comments&Recommendation Staff has discussed the proposed amendment initially with the city's Economic Development Committee and Administrative Committee for feedback prior to seeking referral from the City Council to the Plan Commission for a public hearing. Both the committees were favorable to the proposed policy change regarding dormant and/or incomplete zoning applications. Therefore, staff recommends approval of the proposed text amendment. PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2011-04 NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, is proposing to amend Title 10, Chapter 14, Section 11 of the Yorkville City Code to provide regulations as to the application process and withdrawal of applications in the Yorkville Zoning Ordinance. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, July 13, 2011 at 7:00 p.m. at the Yorkville Public Library, 902 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois 60560, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Cpl 0 Memorandum EST. 1836 To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator °� Kendae t°unTy �� Date: June 10, 2011 <LE Subject: PC 2011-02 Subdivision Control Ordinance Text Amendment Background & Request: On May 24, 2011, the City Council referred a request to the Plan Commission for a text amendment to Section 11-1-4 of the Subdivision Control ordinance to allow for division of a parcel or tract of land into two (2) lots where no new road or access easement is needed, provided each parcel meets the minimum lot size of the zoning district in which it is located, without having to initiate a city preliminary and final plat approval process. The proposed text amendment is intended to provide greater flexibility in staff processing future development applications through a more streamlined review process from entitlement to building permit issuance. Presently, Section 11-1-4 of the Subdivision Control Ordinance, adopted in 2004 and last revised in 2009, defines "Subdivision" as: Subdivision: A described tract of land which is to be, or has been, divided into two (2) or more lots or parcels. The term subdivision includes resubdivision and, where it is appropriate to the context, relates to the process of subdividing or to the land subdivided. For the purpose of this title, the requirements contained herein shall not apply, and no plat is required, in any of the following instances: A. The division or subdivision of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access; B. The division of lots or blocks of less than one acre, in any recorded subdivision, which does not involve any new streets or easements of access; C. The sale or exchange of parcels of land between owners of adjoining and contiguous land; D. The conveyance of parcels of land or interests therein for use as right of way for railroads or other public utility facilities which does not involve any new streets or easements of access; E. The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access; F. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use; G. Conveyances made to correct descriptions in prior conveyances; 1 H. The sale or exchange of parcels or tracts of land existing on the date of adoption of this title into no more than two (2)parts, and not involving any new streets or easement of access. Staff requests to amend the language of exemption "H" under the definition of"Subdivision" to read as follows: "The sale or exchange of parcels or tracts of land into no more than two parcels not involving any new streets or easements of access, provided each parcel meets the minimum lot size of the zoning district in which it is located. " Plan Commission Action: The Plan Commission reviewed the requested text amendment at a public hearing held on June 8, 2011 and made the following action: Motion to recommend approval of the text amendment to the definition of "Subdivision" in Section 11-1-4 of the Subdivision Control Ordinance regarding exemption "H" to allow for the sale or exchange of parcels or tracts of land into no more than two parcels not involving any new streets or easements of access, provided each parcel meets the minimum lot size of the zoning district in which it is located, further subject to the following condition: That the term "resubdivision"not be included in the definition of"subdivision"and is defined separately in the Subdivision Control Ordinance. Action Item: Lucietto-yes, Lindblom-yes, Jones-yes, Baker-yes, Holdiman-yes, Winninger-yes 6 ayes; Ono Staff Comments & Recommendation: The Plan Commission's discussion regarding the term "resubdivision" centered on the potential confusion it may pose being included in the overall definition of "subdivision". Although staff reiterated to the commission that a resubdivision of land relates to land that has previously been divided and legally platted, as already defined in the Subdivision Control Ordinance (refer to attached), it was the consensus of the Plan Commission to amend the initially proposed text amendment to remove the term from the definition. Therefore, we recommend the City Council approve the text amendment as initially proposed by staff which does not include the Plan Commission's recommended condition. Should the City Council desire staff and the Plan Commission to further review and amend the definitions of the Subdivision Control Ordinance as they pertain to "resubdivision", we suggest that direction can be given subsequent the approval of this proposed text amendment to be conducted at a future Plan Commission public hearing. For your reference, attached is a copy of a draft ordinance and staff's memorandum to the Plan Commission regarding the proposed text amendment. 2 Sterling Codifiers, Inc. Page I of 6 11-1-4: DEFINITIONS: The following words and terms, wherever they occur in this title, shall be interpreted as herein defined: ALLEY: A public right of way primarily designed to serve as secondary access to the side or rear of properties whose principal frontage is on some other street. BLOCK: A tract of land bounded by streets, or by a combination of streets, railway rights of way, or waterways. BUILDING SETBACK LINE: A line across a lot or parcel of land, establishing the minimum open space to be provided between the line of a building or structure, and the lot line of the lot or parcel. CITY: The mayor and city council of the united city of Yorkville, Illinois. CROSSWALK: A strip of land ten feet (10') or more in width, dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas, and may include utilities, where necessary. CUL-DE-SAC: A street having only one outlet, and an appropriate terminal for the reversal of traffic movement, without the need to back up. DEAD END STREET: A street having only one outlet. DENSITY, GROSS: A numerical value obtained by dividing the total dwelling units in a development by the gross area of the tract of land upon which the dwelling units are located. DENSITY, NET: A numerical value obtained by dividing the total dwelling units in a development by the total area of the development, less rights of way, parks, storm water management areas, and all other nonresidential uses. DEVELOPMENT: Any manmade change to real estate, including: A. Preparation of a plat of subdivision; B. Construction, reconstruction, or placement of a building or any addition to a building; C. Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than one hundred eighty (180) days; D. Construction of roads, bridges, or similar projects; http://www.sterlingcodifiers.com/codebook/printnow.php 5/13/2011 Sterling Codifiers, Inc. Page 2 of 6 E. Redevelopment of a site; F. Filling, dredging, grading, clearing, excavating, paving, or other nonagricultural alterations of the ground surface; G. Storage of materials, or deposit of solid or liquid waste; H. Any other activity that might alter the magnitude, frequency, deviation, direction, or velocity of storm water flows from a property. EASEMENT: A grant by a property owner for the use of a parcel of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes. EYEBROW CUL-DE-SAC: A cul-de-sac whose center radius point is less than eighty feet (80') from the centerline of the intersecting cross street. FLOODPLAIN: See definition in section 8-7-2 of this code. FRONTAGE: The property on one side of a street, between two (2) intersecting streets (crossing or terminating), measured along the line of the street; or, with a dead end street, all property abutting one side of such street, measured from the nearest intersecting street and the end of the dead end street. FRONTAGE ROAD: A public or private marginal access roadway, generally paralleling and contiguous to a street or highway, and designed to promote safety by eliminating unlimited ingress and egress to such street or highway by providing points of ingress and egress at relatively uniform spaced intervals. HALF STREET: A street bordering one or more property lines of a subdivision tract, to which the subdivider has allocated only a portion of the ultimate and intended street width. IDOT: Illinois department of transportation. IMPROVEMENT PLANS: The drawing of all required land improvements, prepared by an Illinois registered professional engineer, and all accompanying information as required by this title. IMPROVEMENTS: All facilities constructed or erected by a subdivider within a subdivision, to permit and facilitate the use of lots or blocks for a principal residential, business, or manufacturing purpose. LAND IMPROVEMENT: All required on site and off site subdivision improvements including, but not limited to, any sanitary sewage system, water distribution system, storm drainage systems, public utility systems, sidewalk systems, public or private streets, street lighting, street signs, grading and drainageway facilities, pedestrianways, and retention and detention basins. http://www.sterlingcodifiers.com/codebook/printnow.php 5/13/2011 Sterling Codifiers, Inc. Page 3 of 6 LOT: A portion of a subdivision or other parcel of land, intended for transfer of ownership, or for building developments. LOT DEPTH: The distance between the midpoint of the front lot line and the midpoint of the rear lot line. LOT, DOUBLE FRONTAGE: A lot, two (2) opposite lot lines of which abut upon streets which are more or less parallel. LOT LINE: The boundary line of a lot. LOT WIDTH: The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line, establishing the lot depth at the established building setback line. PARCEL: Shall refer broadly to a lot, tract, or any other piece of land. PARKING LOT: An area permanently reserved and/or used for the temporary storage of motor vehicles. PARKWAY: A strip of land situated within the dedicated street right of way, either located between the roadway and right of way line, or a median located between the roadways. PLAN, CONCEPT: A tentative map or drawing which indicates the subdivider's proposed layout of a subdivision, including a site plan indicating existing off site roadway connections. PLAN, FINAL: The final plat, plus all accompanying information required by this title. PLAN, PRELIMINARY: The preliminary plat, plus all accompanying information required by this title. PLANNED UNIT DEVELOPMENT: Parcel of land or contiguous parcels of land in single ownership or unified control, to be developed as a single entity, the character of which is compatible with adjacent parcels, and the intent of the zoning district in which it is located; the developer may be granted relief from specific land use regulations and design standards in return for assurances of an overall quality of development, including any specific features which will be of benefit to the city as a whole, and would not otherwise be required by the city ordinances. PLAT: A subdivision as it is represented as a formal document by drawing and writing. PLAT, FINAL: The final map drawing or chart, on which the subdivider's layout of a subdivision is presented to the city council for approval, and which, if approved, will be submitted to the county recorder for recording. PLAT, PRELIMINARY: A tentative map or drawing, which indicates the subdivider's proposed layout of a subdivision, including all proposed improvements. RESUBDIVISION: The subdivision of a tract of land that has previously been lawfully subdivided, and a plat of such prior subdivision duly recorded. http://www.sterlingcodifiers.com/codebook/printnow.php 5/13/2011 Sterling Codifiers, Inc. Page 4 of 6 RIGHT OF WAY: A strip of land occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right of way" for land platting purposes in the united city of Yorkville shall mean that every right of way hereafter established and shown on a final recorded plat is to be separate and distinct from the lots or parcels adjoining such right of way, and not included within the dimensions or areas of such lots or parcels. Rights of way intended for roads, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right of way is established. ROADWAY: The paved portion of the street available for vehicular traffic. SERVICE DRIVE: A public street, generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right of way, and providing safe and orderly points of access at fairly uniformly spaced intervals. SEWAGE DISPOSAL SYSTEM, CENTRAL: A system of sanitary sewers, serving ten (10) or more lots that discharge either into an interceptor sewer or an approved sewage treatment plant. SEWAGE DISPOSAL SYSTEM, INDIVIDUAL: A sewage disposal system, or any other sewage treatment device approved by the Kendall County department of public health, and servicing only one lot. SIDEWALK: That portion of street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only. STREET: A public or private right of way which affords a primary means of access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but excepting driveways to buildings. STREET, COLLECTOR: A street that collects and distributes traffic, primarily within residential areas. This street carries between two thousand five hundred (2,500) and twelve thousand (12,000) ADT. STREET, ESTATE RESIDENTIAL: A street of limited continuity, used for access to abutting rural residential properties and local needs of a neighborhood. This street carries less than one thousand (1,000) ADT. STREET, HALF: A street bordering one or more property lines of a tract of land in which the subdivider has allocated but part of the ultimate right of way width. STREET, LOCAL RESIDENTIAL: A street of limited continuity, used primarily for access to abutting rural residential properties and local needs of a neighborhood. This street carries less than one thousand (1,000) ADT. STREET, MAJOR COLLECTOR: A street that serves as a main traffic thoroughfare, both within and outside of the city, carrying heavy volumes of traffic. This street carries more than two thousand five hundred (2,500) ADT. http://www.sterlingcodifiers.com/codebook/printnow.php 5/13/2011 Sterling Codifiers, Inc. Page 5 of 6 STREET, MARGINAL ACCESS: A minor street which is parallel to and adjacent to a thoroughfare, and which provides access to abutting properties and protection from through traffic. STREET, MINOR COLLECTOR: A street that collects and distributes traffic within intensively developed areas, and is used primarily for internal trips within the planning area. This street carries between one thousand (1,000) and two thousand five hundred (2,500) ADT. STREET WIDTH: The shortest distance between the backs of the curb or edge of pavement of a roadway. SUBDIVIDER: Any person or corporation or duly authorized agent who undertakes the "subdivision" or "development" of land as defined herein. Also referred to as developer. SUBDIVISION: A described tract of land which is to be, or has been, divided into two (2) or more lots or parcels. The term subdivision includes resubdivision and, where it is appropriate to the context, relates to the process of subdividing or to the land subdivided. For the purpose of this title, the requirements contained herein shall not apply, and no plat is required, in any of the following instances: A. The division or subdivision of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access; B. The division of lots or blocks of less than one acre, in any recorded subdivision, which does not involve any new streets or easements of access; C. The sale or exchange of parcels of land between owners of adjoining and contiguous land; D. The conveyance of parcels of land or interests therein for use as right of way for railroads or other public utility facilities which does not involve any new streets or easements of access; E. The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access; F. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use; G. Conveyances made to correct descriptions in prior conveyances; http://www.sterlingcodifiers.com/codebook/printnow.php 5/13/2011 Sterling Codifiers, Inc. Page 6 of 6 H. The sale or exchange of parcels or tracts of land existing on the date of adoption of this title into no more than two (2) parts, and not involving any new streets or easement of access. TURNAROUND: An area at the closed end of a street or parking lot, within which vehicles may reverse their direction. WETLANDS: As defined by the Illinois department of natural resources. (Ord. 2004-52, 9-28 -2004; amd. Ord. 2008-85, 9-23-2008) http://www.sterlingcodifiers.com/codebook/printnow.php 5/13/2011 Ordinance No. 2011- (_`-2-4Jj AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AMENDING THE DEFINITION OF SUBDIVISION IN THE YORKVILLE SUBDIVISION CONTROL ORDINANCE 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, pursuant to Section 11-7-1 of the Yorkville Subdivision Control Ordinance the Mayor and City Council (the "Corporate Authorities") may initiate amendments to the Yorkville Subdivision Control Ordinance; and, WHEREAS, the Corporate Authorities on May 19, 2011 authorized the filing an amendment to the Yorkville Subdivision Control Ordinance to amend the definition of"Subdivision"to provide greater flexibility in processing future applications and improve the review process; and, WHEREAS, the Plan Commission convened and held a public hearing on the 8th day of June, 2011, to consider the request to amend the definition of"Subdivision;" and, WHEREAS, the Plan Commission after the close of the hearing approved findings of fact and made a recommendation to the Corporate Authorities that the proposed amendment to the definition of "Subdivision" be approved. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the above recitals are incorporated and made a part of this Ordinance. Section 2. That the definition of "Subdivision" in Title 11, Chapter 1, Section 11-1-4 of the Yorkville City Code, as amended, be and is hereby amended by amending subsection H. of the definition of"Subdivision" to read a follows: "H. The sale or exchange of parcels or tracts of land into no more than two parcels not involving any new streets or easements of access, provided each parcel meets the minimum lot size of the zoning district in which it is located." 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 J (,(n.!F_ , A.D. 2011. bepu ry CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI V CARLO COLOSIMO _ MARTY MUNNS CHRIS FUNKHOUSER t/ LARRY KOT V Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of UA* 2011. MA 2 Clr� Memorandum 0 To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director EST. l 1836 CC: Bart Olson, City Administrator Lisa Pickering, Deputy Clerk(for distribution) a]I oa= ® Date: July 6, 2011 °� Kendae counTy �� Subject: PC2011-03 Jongejan—Special Use (Mile and V2 Review) <LE The applicants, Alfred and Jacqueline Jongejan, are the contract purchasers of a 2.4-acre residential property currently zoned A-1 Agricultural located at 7336A Route 34 in unincorporated Kendall County (see attached map), across from the Grande Reserve development. The proposal is for the operation of a bed and breakfast establishment in the existing two-story house. Since the request is a change in use and intensity, the applicants are seeking zoning approval from the County. As part of our statutory authority, Yorkville can review this zoning petition made in the unincorporated Kendall County since it is within 1.5 miles of our municipal boundaries; and if opposed to the request, the City has the right to file an objection by resolution. Application to Kendall County: In their application, the Jongejan's are requesting County approval for Special Use in the A-1 Agricultural District to convert the existing two-story 5-bedroom house into a bed and breakfast. The applicants' future plans also include an interior remodel of the house to add 2 more bedrooms and an additional bathroom. The proposed maximum number of guests at any given time would not exceed twenty(20)per night. According to Kendall County's Zoning Ordinance, the purpose of the A-1 Agricultural Zoning District is to "to ensure that lands within the county which are well suited for agricultural production of food and fiber are retained for such production, unimpeded by the establishment of incompatible uses which would hinder farm operations and irretrievably deplete agricultural lands." 1 Although the County's zoning ordinance generally limits residential development of agriculturally zoned properties, bed and breakfast establishments are an identified Special Use within the A-1 zoning district. Yorkville Comprehensive Plan Future Land Use Designation: The United City of Yorkville's 2008 Comprehensive Plan Update designates this property, and most of the parcels located south of US 34 in this area, as "Estate Neighborhood". The intent of the "Estate Neighborhood"land use is: "...[tJo provide areas for low-density detached single-family residences. The Estate Neighborhood is characterized by substantial open spaces along roadways and between properties...Gross density in Estate Neighborhood areas should be less than 1.75 dwelling units per acre. " The subject property is situated on a 2.4-acre parcel with the residential structure substantially setback from the roadway and adjacent properties creating the desired "open space" character and Kendall County,Illinois:Zoning Ordinance hqp://www.co.kendall.il.us/zonin /zg oning ordinance.htm 1 density intended for those properties identified in the Estate Neighborhood land use classification. The "Estate Neighborhood" land use category of the Comprehensive Plan correlates to the "E-1" Estate Residence District zoning classification. Although not identified as a Special Use in the E-1 zoning district, bed and breakfast inns are a permitted Special Use in the R-2 One-Family Residence District which allows for more density (3.3 dwelling units per acre)than the E-1 district. Staff Comments/Recommendations: The request for Special Use to operate a bed and breakfast establishment is consistent with the City's Comprehensive Plan's character for the "Estate Neighborhood" future land use designation and does not propose to increase the permitted density of the correlating E-1 residential zoning district. Therefore, staff recommends supporting the Jongejan's request for Special Use approval to operate a bed and breakfast on the subject property within the County. 2 s a L 67 kP 6 N n �� 04 ?mss 12 3? <? Cranston-C�r s�6 � N CN� °P 34 r "' IFy zf A� I�r�y�e ro- i - eT 40 � iC�..... M j, y i•a'' A ... �CCAA '9 r i, � ' { r ., fit 4�����. z 9.�,'�rr .✓ � �y• �}. J AL A �0 United City of Yorkville GIS The Data is provided without warranty or any representation of N y accuracy,timeliness,or completeness.It is the responsibility of the Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and Provided By Kendall County GIS appropriateness of its use. The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. s � � g � an +� ceA,o h lb b ZF a a' -� 0Z, 8 0 yob ® o �ti, 0 k 0 . n 0 �� I;b I,�^J ` 4.4 m -a Cb ti°ti w ti o II II %AIr RR � ,zo�,�� H —� 4 0•,� �• ti.•,. Z 4 g�g _ h� -•:: ��'� �•b�s- mom.®o .�.. °'av per,. � � ` � T c ti Al, s' Nm ►� A p S 'V '� 67' - �� h4ro a • tit. �'�p A n� � � �' ebb � `` /� �Q���� �•� EO a' vJ �• �Q cb +•O 40 O (yam � qU�n to r� o } � {k •M hY A � � �O as�� a � � � �� .., �� � �� 0 �• a c cb Q IZ ti � -04t aul77saiVE ��� �a. a rd7 to A` Vey � iN- �orsul+P4nS 'V yy�� i 1��111 r - V h p 0 A nya•� l4 h' R m h LAW OFFICES Og: ywzl�q/ 1107A SOUTH BRIDGE STREET DANIEL J.KRAMER YORKVILLE, ILLINOIS 50560 KELLY A.HELLAND (630)553-9500 D.J.KRAMER FAX: (630)553.5764 May 31, 2011 Krysti Barksdale-Noble United City of Yorkville 800 Game Farm Road Yorkville, II, 60560 RE: Jongejan Mile and a Half Review Application Dear Krysti: Enclosed please find a copy of the following documents for the Yorkville Mile and a Half Review: 1. 1 original and 30 copies of the Application 2. 30 copies of the Zoning Sketch 3. 1 CD with Zoning Sketch and Application with Legal Description 4. 1 check in the amount of$1,250.00 Please let us know what our meeting schedule will be at your earliest convenience. Also we wondered if any part of the fee would be refunded since the statute doesn't require that we go through all of the committees on the Plan Commission and City Council. Should you have any question or require anything further lease feel free to contact me. Very truly s, Daniel J. Kramer, Attorney at Law DJKJcth Enclosures 10 �� e1rr United City of Yorkville 800 Game Fans Road Yorkville, Illinois 60564 Telephone: 630-553-4350 Fax; 630-553-•3436 PC# APPLICATION & PETITION FOR CONCEPT PLAN REVIEW AND COUNTY MILE AND ONE-HALF REVIEW PLEASE CIRCLE UNDERLYING TYPE OF fflj= AnngmM&Zoning Razoning PUD Amondmer►t jj Development Name: Date of Submission: 1. NameofPeddoner(s): Alfred 6 Jac uline Jon e-an Adder; 480 Prince St., Downers Grove, IL 60515 Phone Number 630-S41-9250 Fax Number: Email: alfred. on a an@ mail.cormi Relationship of Petitioners)to subject pmpW. U Owner p Developer Contrad Purchaser 2. Name of holder of legal title,if diifee,t irnm#1: Katherihe F. Gaylord If legal tide Is held In a Land Trust,Ilst the names of all holders of any benefrdal interest therein: N/A 3. a). Street address and physical iocation of sut>) d properly: 7336A Route 34 Oswego, IL 60543 b). Legs!descriplion of property;atbwh as E)Nbh'A'. c). Total Acreage: 2.43 d). Kendall County Paroe!Number(s)of property: 02-23--202-008 e). Current Zoning Classf8cadon: Kendall County Resddential f). Zoning Classiftation Sought: _Special Use g). Is this properly within City limits? Yes X No, requesting annexation (If no is checked,Is the properly contiguous with existing City boundaries? Yes No) Uniw city orYo*viftCoro=WI-12 mile AsvimAppticalion Revised: 129/2009 11 4. Contact Infomra*m: Name,address,phone number,fax number,and emW1 address of person to whom Inguirles r this petition may be directed: Daniel ramer, 1107A S. Bridge Street, Yorkville, IL 60560 phone:63 0-5 53-9500 fax:630-5535764 ANomey: Narnw. Daniel J. Kramer Addms: 1107A S. Bride St., Yorkville, IL 60560 Phone Number; 630-553-9500 Fax Number: 630-553-5764 Entail Address: dkramergdankramerWv,com Engineer. Name: Jamed Olson Address: 107W Madison, Yorkville, I L 60560 Phone Number 630-553-0050 Fax Nom: 630-553-0964 Email Address: Land Planner: Name: Address: Phone Number. Fax Number: Email Address: 5. If 1-%Hie County Review,what Is county zoning curmn4q Residential Requested Zoning: Special Use to operate a Bed 6 Breakfast Zoning of surrounding parcels: North: Residential South: Residential East Residential west Residential 6. Submit the following to the Cornnuun ty Development department In order to be scheduled for the nor committee meetings. An Incomplete submittal could delay the scheduling of your protect a. Original appfication with legal description. b. 30 copies each of the application,proposed drawings,location map,site plan are needed for the City Council and staff review meetings. c. Appropriate Bing fee(Please refer to Page 4 of this application'petitioner Route, Step 1,Fees'andlor contact the Community Development Department for verification of this amount). d. One CD containing one electronic copy(pdf)of each of the signed application (complete with exhibits),proposed drawings,location map,and site plan. For the Plan Commission Meeting,an additional submittal is need as follows: d. Concept Plan: 35 sate folded to fit In a 10'x IT envelope a. 35 copies of the appOcation with Wo description, United city orYortviue come r mn mile Review Application Revised: 1/29/2009 12 In witness whereof the following petitioners)have submitted this application under oath and verify that to the best of their knowledge Its contents are true and cif s& Date: AI `- t 2:3 Loo Petitioner(s)Signature: ju.-lJCri`��nl � Subscribed and swom to before me this (30ql day of 12 r't 200_Lt . Notary Seas THIS APPLICATION MUST BE NOTARIZED. OFFICIAL SEAL COLLEEN HANSOM NNIY�I',,O M 5�.5 N D�tROS 10fY United City of YoricviDc Conccpl/1-1/2 mile Review Appliation Rev6W: Ik9/M 12 In witness whereof the following petitioners)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct. Date: Petit``ioner(s)Signature: � t ➢ Subscribed and sworn to before me this EQ day of ` ,201_L_. r OFPCiA!SEAL l Note Seat MARY M DEgozINs1U ry NOTARY PUBLIC STATE OF ILLINOIS �t �dY COMMISSIpN EXplgE9 072t17p11 THIS APPLICATION MUST BE NOTARIZED. United City or Yorkvillc CRnaepUE-I2 mile Review Application Revised: [2912009 13 CONCEPT PLAN and COUNTY MILE AND ONE-HALF REVIEW PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees'and concept plan as described by the United City of Yorkvile Subdhrislon Ordinance mheeting the checklist of items to be included in a concept plan(see cyst attached). 'Concept Plan and Mlle and One4iaif Reviews deposits are as follows: a)Engineering Deposit of SW is due upon submittal of the concept plan,with the ballance due when the proposed preliminary plan is submitted. b)Deposit for outside consultant$600 (i.e.legal,land planner,zoning coordlnator, environmental). Few for f%Mik Review, $250 For Concept Plan Review: Step 2: Pion Council; A staff meeting(Community Development Director,City Engineer and Public Works Director,Director of Parks&Recreation,Zoning Coordinator)will be held to review plan. Step 3: Parts PjHW NWng: Developments with a residential component must present their plan to the Parts Board at their Park Planning Meeting,held the 4°T Thursday of each month at 7:00 p.m. at the Parks and Recreation ofliCe at 201 W. Hydraulic Street. Step 4: Plan Commisslon:Petitioner then presents their plan at the sctmWed Plan Commission, which will involve an informal public comment session aRer the presentation. Plan Commission meetings are held the 2'd Wednesday of each month at 7:00 p.m.at the Yorkville public library at 902 Game Farm Road. Step 5: CRY Council: Petitioner the npresents their plan to the City Council(Mayor and aldemuen). The City Council meets the 2 and 4th Tueaday of the month at 7:00 p.m,in the City Hall Council Chambers.The City Council will discuss and no fomnal voting takes place. To begin the next step In the deveknmwnt process,you will be required to submit an additional applh aWn specific to your nagtrrest. For County Mlle and On"alf Review: Step 2:Plan Council: The Plan Counci meets the a and 4h Thursday of the month at 9:00 a.m.in the d ty hall conference room. Upon recornmherxiation by the Ilan Council,you wlH move forward to the Plan Commission Meeting. Attendees to this meeting include: Community Development Director,City Engineer,Zoning Coordinator, Public Works Director,Director of Parks and Recreation, Fire Department Representative,and Police Sergeant_ Step 3:Park Board alarming meeting: The Park Board makes reconwraxiatlons on any Park Sites included in residential developments. The Park Board Planning Meeting is the 4th Thursday of each month at 7.-00 p.m.at Park and Recreation office at 201 W. Hydraulic Street Step 4: Plan Commission: The Plan Corn mission meets the 2nd Wednesday of each month at 7;00 p.m, in the Yorkville public library at 902 Game Farm Road.The Plan Commission will UniW City or Yoshi ConceWI-112 mile Review Apliaalim Revised: 1/19/2009 14 make a recommendation for the dty council's consideration. The Plan Commission=mists of 8 members appointed by the Mayor. Step 5:Economic Development Commlttae:The EcwKxTk Development ConuHttee meets at 7 p.m.the 1 st Tuesday of each month in the City Counait Chambers, Stop 6: City CoungiL The City Council meets the 2nd and 4th Tuesdays of the month at 7:00 p.m.in the Council Chambers at City Hall. The projectw€Il be discussed at the City Council where Formal voling takes place.This session Is to diadm and onnsider recommendations of prior conunittee meetings. Agreement: I understand and accept all requ]rementsl fees as outined as well as any Incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original Ihing a copy for your recgrd tlw Community Dev t Department, Un€ted City of Yorkville Game Farm Road,Y Ije,Illlnois. 60560 Signature of Petitioner: Date: United City of Yadrvilk Concepol-I12 mile Review Application Revised: 1/29/1009 14 make a recommendation for the city council's consideration. The Plan Commission consists of 9 members appointed by the Mayor. Step 5:Economic Develoarront Committ22:the Economic Development Committee meets at 7 p.m. the 1st Tuesday of each month In the City Council Chambers. Step 6: City Council:The City Council meets the 2nd and 4th Tuesdays of the month at 7:00 p.m.in the Council Chambers at City hall. The project will be discussed at the City Council where formal voting takes place.This session Is to discuss and consider recommendations of prior committee meetings. Agreement: I understand and accept all requirements,fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records)to the Community Development Department, United City of Yorkville,800 Game Farm Road,Yorkville, Illinois. 60560 Signature of Petitioner: ]�.1 6 7,Lu-�f {,�_ Date: `�� L f United City orYmkvilla Con"pttl-111 mile Review Application Revised: 1/29/2009 15 UNITED CRY OF YORKVILLE CONCEPT PLAN APPLICATION CHECKLIST This checklist Is In accordance with our Subdivision Ordinance&Standard Specifications No.2000-02, adopted 34-00. Copies available upon request. Section 6.00—REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS AND PLATS: 6.01.01 CONCEPT PLAN The Concept Plan may be done free hand,but dW be done with reasonable accuracy and clarity. The scale of the drawing should be 1'a 100',unless clarity or size of drawing dictates otherwise. The following Information shall be shown: 1. Name&Address of the owner or subdivider. 2. North armw and scale. 3. ApproAmate dimensions and area of parcel. 4. Topography—not greater than 10 foot contour Intervals such as can be obtained from USGS reaps. 5. Proposed layout of Waste,lots,parks,and non-restdenlial antes,Including storm water control. S. Number of dwelling units,with gross density. 7. Wnlmum and average lot sires. 8. Gross area. 9. For multip"mily,carrrrrv=W and Industrial areas,show potential(may be an exhibit): A. Location of buildings. B. Approximate dimensions and area of site. C. Off street parking,delivery and pick-up areas D. Buffer zones(identify and label). 6.01.02 Existing Conditions: Presence of any of the following shall be shown on the sketch plan or an additional sheet 1. Streams,marshes,bodies of water,wooded areas,wetland,and other significant natural features. 2. Location and direction of all water oourses,drainage ways,and areas subject to flooding. 3. Location of existing storm drains,inlets and outfails. 4. Existing buildings. 5. Existing u dlitles and uttiities proposed for extension. 6. EAsting streets. 6.01.03 Location Map: A small scale map or sketch of the general area showing the relationship between the proposed subdivision and existing community facilities and rights-0f way,with the proposed subdivision Indicated thereon. UnW City of Yo:kvillc CmcgWI-M Wle Review Applieatian nevi"- 1129tM Mot part of NarMeast 4lr4rter of Secflcfn 23 rOjm-ehl 37 N Cost of the Ah-d Princlpal Merr an " p'tf3 Range 7 47terseoMW of the canter&@ of VS Rd Ha 34 wlth Con,menc/ng at the Sbbdl*A" extended northe* Mende SWM 46'48'00'West aloe t y/d a of Lyn 42504 feet Sar a"obit of beginning; thence South 46'48'00" #e afon ter/Ina i line 251.91 feet. thence South 4•,8122'East.0 , tbet th�� 1h x,16 meter II Cost 18QB4 feed ehmce NQr(/j 47'16;I0"Cost 2'5u�i27 Met to Me eo�ste�ly/yam of a tract oes 5ed rn a wm mty Deed ftm d r Beez and Saps Betz to art Ternary Hunt artd-t*n Hunt moarded N060"h��r 19, 1925h Bm* 75 cn pale manumented by the point of beglnnrnq and by an kon stake which s 47Q32ntbef Sough 40'2632"East from See point of beginning,• thamce NartA. 40'28:32"blast along so/y eoster/yline-40108-f0et to the paint of Kendall County, illlno/s and oontOW79 2.442 oars �n�9 h Bristo✓ Toi►ns/idoy _ DEPARTMENT OF PLANNING, BUILDING & ZONING T c0 oF�KEN pALL , 111 West Fox Street • Room 204 Yorkville, IL . 60560 Y 1g,18 630 553-4141 Fax 630 55 EB =- — t ) { ) 34179 MEMORANDUM To: WBK —Greg Chismark Highway Department- Fran Klass Kendall County Forest Preserve- Jason Petit Kendall County Health Department- Steve Curatti Bristol-Kendall Fire Protection District- Jeremy Canavan GIS Mapping Department- Don Clayton Soil & Water Conservation District— Megan Andrews Sheriff's Office- Phil Smith United City of Yorkville — Krysti Barksdale-Noble Bristol Township — Robert Walker Bristol Highway Commissioner— Jeff Corneils PBZ Chair— Nancy Martin File From: Kendall County Planning, Building & Zoning Department Date: June 3, 2011 Re: Petition #11-16 A-1 Special Use for a Bed & Breakfast establishment on a 2.4 acre parcel located at 7336A Route 34 in Bristol Township Please send written comments by June 27, 2011 to: Kendall County Planning, Building & Zoning Department Attn: John H. Sterrett, Associate Planner 111 West Fox Street Room 316 Yorkville, IL 60560 -or- isterrett aC-co.kendail.il.us Project Manager: John H. Sterrett, Associate Planner 630-553-4834 MONDAU DEPARTMENT OF PLANNING, BUILDING &ZONING 111 West Fox Street• Yorkville, IL • 60560 $ �, a4� 630 553-4141 Fax 630 553-4179 APPLICATION PROJECT NAME: JonaWan Bed &Breakfiast FIILU:_u �J NAME OF APPLICANT Alfred&Jacqueline Jong "an CURRENT LANDOWNERMAME(s) Ka Ga lord SITE INFORMATION ACRES SITE ADDRESS OR LOCATION ASSESSOR'S ID NUMBER(PIN) 2.4 acres+!- 7336A Route 34 a IL 60543 02-23-102-008 EXISTING LAND USE CURRENT ZONING LAND CLASSIFICATION ON LRMP Iiesidan4iel { - A ,wlr­r1ce,1 REQUESTED ACTION(Check AN ThatApply): X SPECIAL USE(Amendment) _MAP AMENDMENT(Rezone la —VARIANCE ADMINISTRATIVE VARIANCE _A-1 CONDITIONAL USE (A-1 Bulkling Permit) _SITE PLAN REVIEW TEXT AMENDMENT —RPD r`Concept_Preliminary,___.FmW) _ADMINISTRATIVE APPEAL PRELIMINARY PLAT _FINAL PLAT —OTHER PLAT(Vacatlon,Dedlcallon,ebr-) *Spwimd Use Anvndment to parrnit un of house w Bed mW Bn=kliist 'PRIMARY CONTACT PRIMARY CONTACT MAILING ADDRESS PRIMARY CONTACT ENTAIL Atlnmey Daniel J.Kramer 110TA S.Bridge St.,Yorkville,IL 60550 Dkremer @dankmffmdew.aom PRIMARY CONTACT PHONE# PRIMARY CONTACT FAX# PRIMARY CONTACT OTHER#(Cell,etc.) 630 630 553-5764 GINEER CONTACT ENGINEER MAILING ADDRESS ENGINEER ENWL Philip D.Young 11078 South Bridge SL Yorkville IL 60560 ENGINEER PHONE# ENGINEER FAX# ENGINEER OTHER 0(Gag,etc.) 630-553-1560 530-553-1665 1 UNDERSTAND THAT BY SIGNING THIS FORM,THAT THE PROPFRTY IN QUESTION MAY BE VISITED BY COUNTY STAFF&BOARD/ COMMISSION MEMBERS THROUGHOUT THE PETITION PROCESS AND THAT THE PRIMARY CONTACT LISTED ABOVE WILL BE SUBJECT TO ALL CORRESPOI+DANCE ISSUED BY THE COUNTY. I CERTIFY THAT THE INFORMATION AND EXHIBITS SUBMITTED ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND THAT I TO FILE THIS APPLICATION AND ACT ON BEHALF OF THE ABOVE SIGNATURES, SI RE'OF T ` ~ DATE 2 3 FEE PAID:7r CHECK 'Primary Contact will receive all correspondence from County aEngineering Contact will receive al1 correspondence from the County's Engineering Consult 8 � Last Revised:5.22.09 Date Stamp ere If G:1FormslSTNDRDAPP Checklist Is Complete June.20, 2011 Angela L. Zubko Kendall County Department of Planning, Building & Zoning 111 West Fox Street, Room 316 Yorkville, IL 60560-1498 Re: Jongejan —Special Use Dear Ms. Zubko, This letter is to provide additional clarification on the number of bedrooms and bathrooms in the property at 7336A, Route 34, Oswego IL. The property mentioned above currently has five bedrooms and three full bathrooms, all on the second floor. Additionally there is one half bathroom (powder room) on the first floor. As part of the plans for future updates and renovation of the above-mentioned property, and to operate this property as a bed & breakfast, we are considering adding two additional bedrooms and one additional bathroom to the second floor. Depending on the size of each bedroom, occupancy may vary from two to five guests per night per room, such that the maximum number of guests at any one time will be no more than twenty per night in total for the entire property. At this time we are considering use of signage and although we have not yet decided on the actual use of a sign, it is very likely that we will want to use a sign at some point in the future. We are aware of the Kendall County signage parameters and will make sure that a future sign will comply with these requirements. Sincerely, rJongejan Alfr d n J i