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Plan Commission Packet 2010 02-10-10 OD Clr o United City of Yorkville 800 Game Farm Road EST. 1 � 1636 Yorkville, Illinois 60560 4 Telephone: 630-553-4350 0� 'a' .., p Fax: 630-553-7575 Kc�Gwory �_ <LE ��'�• PLAN COMMISSION AGENDA Wednesday, February 10, 2010 Yorkville Public Library 902 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Cali: Previous meeting minutes: Sept. 9, 2009 and Oct. 14, 2009 -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PC 2010-01 Pam Kleinwachter, individually, and d/b/a We Grow Kids, Inc., have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a special use for a day care. The real property consists of approximately 1.33 acres, located at 101 Garden Street, Yorkville, Illinois. Action Item i. Special Use Adjournment Page 1 of 3 RAF UNITED CITY OF YORKVILLE PLAN COMMISSION Yorkville Public Library, Historic Meeting Room Wednesday, September 9, 2009 7:00pm Chairman Anne Lucietto called the meeting to order at 7:00pm. Roll Call: Charles Kraupner Sandra Adams Tom Lindblom Clarence Holdiman Michael Crouch Anne Lucietto Absent: Brian Schillinger, Jack Jones, Jeff Baker A quorum was established Other City Staff: Mayor Valerie Burd (arr. 7:15pm) Travis Miller, Community Development Director Guests: Lynnette Neal, Depo Court Matt Schury, Kendall County Record Richard Scheffrahn Deborah Cox, BP/RWJ Bill Dunn, EEI Brian Plautz, Premier Land Surveying Dave Hene, Mid-America Craig Knoche, Craig Knoche &Assoc. Minutes: July 8, 2009 and August 12, 2009 The July 8"', 2009 minutes were approved as read on a motion by Sandra Adams and second by Clarence Holdiman. Approved unanimously by voice vote. August 12`h, 2009 minutes approved as read on a motion by Tom Lindblom and second by Michael Crouch. Approved unanimously by voice vote. Public Hearings: Chairman Lucietto swore in those persons who would give testimony. 1. PC 2009-14 SAC Wireless, LLC, d/b/a/Verizon Wireless, petitioner, filed an application requesting a Special Use to construct a telecommunications towers with an electrical equipment shelter and install antennas. The property consists of 4.2 acres at 202 and 204 Wheaton Avenue, Yorkville. A motion was made by Clarence Holdiman and seconded by Michael Crouch to open the Public Hearing. Carried unanimously on a voice vote. Page 2 of 3 Travis Miller stated the petitioner requested a continuance to the October 14"' Plan Commission meeting since more information is needed. Tom Lindblom made a motion to continue this hearing to October 14`x' and it was seconded by Ms. Adams. This continuance was granted unanimously on a voice vote. 2. PC 2009-15 JR Yorkville LLC, petitioner has filed an application with the City requesting rezoning from R-3 General Residence to B-3 Service Business District. The property consists of approximately 3 acres located at the northeast corner of Route 47 and Galena Road. Ms. Adams moved to open the hearing and the motion was seconded by Mr. Crouch. (See Court Reporter's Transcript) A motion was then made by Kraupner to close the Hearing with a second from Crouch. Approved unanimously on a voice vote. Action Item i. Rezoning A motion was made by Michael Crouch and seconded by Tom Lindblom to recommend approval of rezoning to B-3 Service Business District. Roll call vote: Adams-aye; Lindblom-aye; Holdiman-aye; Crouch-aye; Kraupner-aye; Lucietto-aye Motion passed unanimously. NEW BUSINESS: 1. PC 2009-11 Mideo Northgate, petitioner, filed an application requesting a preliminary plan and final plat. The property consists of approximately 28.13 acres, located at the northeast corner of Route 47 and Galena Road. David Hene with Mid America and Craig Knoche were present on behalf of this petition. Mr. Hene said there would be 5 developable lots and 1 for detention. CVS Pharmacy is also expected to purchase a lot The project is being developed in 3 phases and Mr. Hene gave an overview. He said there will be a full access driveway on the far east edge and a temporary full access on Rt. 47. Later that access will become a right-in, right-out and eventually have right and left turn lanes. Travis Miller said City staff has recommended approval of the petition and said that stormwater was one of the larger issues. Engineer Bill Dunn added that his only concern was the cross access easement and his reluctance with regards to the language. Mr. Hene said a plat of easement will be prepared, however, with no easements actually shown, in the event re-location is needed. Mr. Crouch raised a concern about the right-in, right-out on Galena, saying it appeared to be very close to the corner. Mr. Hene spoke with the County DOT and they approved of Page 3 of 3 this access. Surveyor Craig Knoche added that a median would be needed on Galena Action Items: i. Preliminary Plan Mr. Crouch moved to approve PC 2009-11 subject to staff comments. Mr. Lindblom seconded. Roll call vote: Lindblom-aye; Holdiman-aye; Crouch-aye; Kraupner-aye; Adams-aye; Lucietto-aye Motion passed unanimously ii. Final Plat A motion was made by Crouch and seconded by Adams to approve PC 2009-11 final plat subject to staff comments. Roll call vote: Holdiman-aye; Crouch-aye; Kraupner-aye; Adams-aye; Lindblom-aye; Lucietto-aye Motion passed unanimously. 2. PC 2009-13 RWJ Yorkville LLC,petitioner, filed an application requesting a preliminary plan and final plat. The property consists of 2.55 acres located at 1402 N. Bridge St.,Yorkville. This petition concerns the BP Amoco and the adjacent restaurant. If the petition is approved, it would allow the restaurant and property to be sold. Mr. Lindblom commented that Travis and his office contacted the Bristol Kendall Fire District regarding the close proximity of the car wash and restaurant. The BKFD has no issues with this according to Lindblom. Action Item: i. Final Plat A motion was made by Crouch and seconded by Adams to approve PC 2009-13 subject to staff comments. Roll call vote: Lindblom-aye; Holdiman-aye; Crouch-aye; Kraupner-aye; Adams-aye; Lucietto-aye Motion carried unanimously. ADDITIONAL BUSINESS: Mr. Crouch reported that the Zoning Commission continues to meet monthly and is re- defining terms in modern language. The Commission will meet in September and October and then again in January. Chairman Lucietto said that the Kendall County Consortium had to cancel a recent meeting due to the illness of the speaker. The next meeting will be hosted by Montgomery and will be held in late October or November. The upcoming topic will be "Scenic By-Ways". Adjournment: There was no further business and the meeting was adjourned on a motion and second by Crouch and Kraupner, respectively. Meeting adjourned at 7:30pm. Minutes respectfully submitted by Marlys Young UNITED CITY OF YORKVILLE PLAN COMMISSION September 9 , 2009 7 : 00 p . m. REPORT OF PROCEEDINGS taken by Lynette J . Neal , C . S . R . , at 902 Game Farm Road, Yorkville , Illinois . D- 888909 REPO • CO URT reporting service 630-983-0030 1300 Iroquois Avenue,5ulte 100 Naperville, IL 60563 e-mall: depocourt@comcast.net - www.depocourt.com 3 1 CHAIRMAN LUCIETTO : We have two public 2 hearings , so I ' m going to ask that anyone who 3 believes that he or she possibly might speak 4 during the public hearing to stand and raise your 07:OOPM 5 right hand and repeat after me , please . 6 (Audience members were thereupon 7 duly sworn . ) 8 CHAIRMAN LUCIETTO : Thank you . Okay . 9 First public hearing is PC 2009-14 , SAC Wireless , 07:01PM 10 LLC, doing business as Verizon Wireless . Before 11 we get started on that , I wanted to make sure that 12 those of you that are not familiar with our 13 procedures , we do have a court reporter and I will 14 ask that you state your name and where you ve 07:01PM 15 you are going to speak . 16 I need a motion to open PC 2009 - 14 . 17 MR . HOLDIMAN : So moved . 18 MR . CROUCH : Second . 19 CHAIRMAN LUCIETTO : Hearing a motion and 07:O1PM 20 a second, all in favor say aye? 21 (Chorus of ayes . ) 22 CHAIRMAN LUCIETTO : Not in favor, nay? 23 (No response . ) 24 CHAIRMAN LUCIETTO : We are now in DepoCourt Reporting Service (630) 983-0030 5 1 CHAIRMAN LUCIETTO : Okay . So we are 2 going to move PC 2009- 14 to the October 14th, 2009 3 plan commission meeting . Okay. 4 I want to open PC 2009 - 15 , JR 07:02PM 5 Yorkville , LLC . Do I have a motion to open that 6 public hearing? 7 MS . ADAMS : So moved . 8 MR . CROUCH : Second . 9 CHAIRMAN LUCIETTO : All in favor say 07.02PM 10 aye? 11 (Chorus of ayes . ) 12 CHAIRMAN LUCIETTO : Okay. We are in PC 13 2009 - 15 , JR Yorkville , LLC . This is a rezoning 14 issue . Is there someone here to speak on that? 07:03PM 15 MR . KNOCHE : I am Craig Knoche . 16 CHAIRMAN LUCIETTO : You haven ' t been 17 sworn in . Raise your right hand, please . 18 (Mr . Knoche was thereupon duly 19 sworn . ) 07:03PM 20 MR . MILLER : This request is actually 21 tied to the next item on the agenda, which doesn ' t 22 require a pub-' :` c hearing, but we are going to be 23 reviewing later on in the agenda a subdivision 24 plat , preliminary and final subdivision plat , for DepoCourt Reporting Service (630) 983--0030 7 1 and staff ' s pointed out in the staff report that 2 they see this rezoning as more of a housekeeping 3 item than anything else and we do recommend that 4 you approve the rezoning . 07:05PM 5 Listed on the staff report there are 6 a series of criteria to be considered by the plan 7 commission when preparing their recommendation for 8 the city council . There is a list of those on 9 Page 1 of the staff report . 07:05PM 10 Items A through E are directly out 11 of the city zoning ordinance . Page 2 of the staff 12 report introduces a criteria that has not been 13 shared in a staff report previously with the plan 14 commission . I have 1 through B . These criteria 07:05PM 15 are based on the LaSalle case , which dates back 16 several years , but case law regarding zoning 17 amendments typically go back to the LaSalle 18 factors , which is a rezoning case where LaSalle 19 was one of the parties in the case . Attorney Orez 07:06PM 20 recommended that city council consider the LaSalle 21 factors in zoning requests that are considered . 22 So in addition to the criteria in the ordinance , I 23 :Included the LaSalle factors for your 24 consideration as you are preparing your findings DepoCourt Reporting Service (630) 983-0030 9 1 coming subdivision, and I just ask that you 2 provide a positive recommendation because I think 3 that we either meet or do not violate any of the 4 standards of the zoning ordinance or the LaSalle 07:08PM 5 factors that Mr . Miller has explained . 6 CHAIRMAN LUCIETTO : Not having any other 7 public input or statements that wish to be said, I 8 look for a motion to close this public hearing . 9 MS . ADAMS : So moved . 07:08PM 10 MR . CROUCH : Second . 11 CHAIRMAN LUCIETTO : Thank you . All in 12 favor say aye? 13 (Chorus of ayes . ) 14 CHAIRMAN LUCIETTO : Not in favor, nay? 07:08PM 15 (No response . ) 16 (Whereupon the public hearing 17 portion of the plan 18 commission meeting was 19 closed . ) 20 _ _ _ 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 Page 1 of 2 PRAF� UNITED CITY OF YORKVILLE PLAN COMMISSION Yorkville Public Library, Historic Meeting Room Wednesday, October 14, 2009 7:00pm Commission Members in Attendance: Michael Crouch Sandra Adams Tom Lindblom Jeff Baker Brian Schillinger Clarence Holdiman Charles Kraupner Absent: Chairman Anne Lucietto, Jack Jones A quorum was established Other City Staff Travis Miller, Community Development Director Other Guests: Tony Phillips, SAC Wireless Lynette Neal, Depo Court Prior to the start of the meeting, Commissioner Michael Crouch swore in those who would speak at the Public Hearing. Commissioner Crouch called the meeting to order at 7pm. Since Chairman Anne Lucietto was unable to attend this meeting, Mr. Crouch requested a motion to appoint himself as the temporary Chairman to conduct the meeting. Mr. Schillinger moved to allow Mr. Crouch to be the temporary Chairman and Ms. Adams seconded the motion. There was no discussion and the motion was approved on a unanimous voice vote. Previous Meeting Minutes: None Public Hearing: 1. PC 2009-14 SAC Wireless d/b/a Verizon Wireless, petitioner, has filed an application with Yorkville requesting a Special Use to construct a telecommunications tower with an electrical equipment shelter and install antennas. The real property consists of approximately 4.2 acres, at 202 and 204 Wheaton Avenue, Yorkville. Mr. Tony Phillips was in attendance to present the facts pertaining to this petition. (See Court Reporter's Transcript) Page 2 of 2 The Hearing concluded at 7:23pm and it was closed on a motion by Kraupner and second by Adams. Motion approved on a unanimous voice vote. Discussion Mr. Baiter commented that this matter had been before Zoning Board of Appeals prior to this meeting. He further stated that the height of this tower is not much taller than other towers in the area. Baker added that he thought a slotted fence would be unwise for security reasons. Travis said that fencing is an ordinance requirement, but this location is not visible from the roadway. He added that this Commission could suggest a variance to not have a fence. Commissioner Schillinger agreed with Baker in saying that the fence should be a see- through type for safety reasons. He also questioned the 100-foot height limitations and said that might need to be updated. Mono-poles vs. truss style towers were also briefly discussed and Mr. Phillips said the truss-style is the most sturdy. A pre-cast shelter will also be constructed. Drifting snow is a concern if a solid fence were to be built, according to Mr. Lindblom. He said he had experience with other towers and the height was not a concern. The other Commissioners had no objection to the plan. Mr. Crouch said he concurred with remarks regarding the fence. Mr. Baker raised the issue of the need for an ordinance to allow additional carriers who would want to locate on this tower. Chapter 15 of the ordinance allows for other carriers as well. Action Item i. Special Use A motion was made by Schillinger and seconded by Lindblom, to approve the petition subject to staff and Plan Commission comments. Roll call vote: Holdiman-yes, Crouch-yes, Kraupner-yes, Adams-yes, Schillinger-yes, Baker-yes, Lindblom-yes. Carried unanimously. Adjournment There was no further business and the meeting was adjourned at 7:40pm. Minutes respectfully submitted by Marlys Young, Minute Taker UNITED CITY OF YORKVILLE PLAN COMMISSION October 14 , 2009 - 7 : 00 p . m. REPORT OF PROCEEDINGS taken by Lynette J . Neal , C . S . R. , at 902 Game Farm Road, Yorkville , Illinois . D-•891309 reporting service 630-983-0030 1300 Iroquois Avenue,Suite 100 Naperville,IL 60563 e-mail:depocouri@oomoast.net - www depocouri.corn 2 1 PRESENT : 2 MR . MICHAEL CROUCH, Chairman; MS . SANDRA ADAMS ; 3 MR . JEFF BAKER; MR . CLARENCE HOLDIMAN; 4 MR. CHARLES KRAUPNER; MR . THOMAS LINDBLOM; 5 MR . BRIAN SCHILLINGER; MS . MARLYS YOUNG. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 3 1 CHAIRMAN CROUCH : If anyone thinks they 2 are going to speak in the public hearing or if you 3 have any intention of speaking in the public 4 hearing, will you please stand and repeat after me . 6 (The audience members were 7 thereupon duly sworn. ) 8 CHAIRMAN CROUCH : All right . I need a 9 motion to open the public hearing . 07:0opm 10 MR. SCHILLINGHR : So moved . 11 MS . ADAMS : Second . 12 CHAIRMAN CROUCH: Okay, It has been 13 moved and a second to open the public hearing for 14 PC 2009- 14 . Is there any discussion on the 07.01PM 15 motion? Hearing none, all those in favor say yes? 16 (Chorus of yeses . ) 17 CHAIRMAN CROUCH: Opposed say no? 18 (No response . ) 19 CHAIRMAN CROUCH : Motion carries . I o7.oipx 20 assume you are the petitioner? 21 MR. PHILLIPS : Yes . 22 CHAIRMAN CROUCH: Go ahead. 23 MR . PHILLIPS : My name is Tony Phillips . 24 I work for SAC Wireless . We are representing DepoCourt Reporting Service (630) 983-0030 4 1 Vezizon in this case, Verizon Wireless , and we ' re 2 looking to add a new tower at 204 Wheaton. I 3 believe we are looking at a new address . 4 Eventually there will be a new address for that 07.O1PM 5 site and that will take care of them once we move 6 along a little bit further. 7 Some of you look familiar. You have 8 seen this project before and we kind of went 9 through what was addressed by staff and 07:01PM 10 recommendations by different Hoard members and we 11 continue to try and get things straightened out as 12 fax as like distances need to be addressed. Am I 13 correct in that , Travis? 14 MR . MILLER: Yes . 07.02PH 15 MR. PHILLIPS : We did make those 16 corrections in our drawings . I had our 17 engineering firm go through the list of things 18 that were recommended prior to that meeting. it 19 was supposed to have been done prior to the last 07.02eM 20 meeting, wasn ' t done, and now they are done on the 21 drawings as far as from A & E firm standpoint . 22 They made the notations for the different setbacks � 23 and distances and all the things that were an 24 issue . I believe we were missing a few things . DepoCourt Reporting Service (630) 983-0030 5 1 There was an inventory list that was missing . I 2 supplied that since the last meeting . Kind of a 3 list of what ' s out there in this area . Kind of 4 location map . It is not the greatest thing in the 07:02PH 5 world but this database is how we do it . Showed 6 you the coverage . I don ' t know if you have seen 7 that in your packet , shows the coverage without 8 it. , with it . And addressed some of the standards 9 for special use . Those should be in your packet . 07:03PM 10 I prepared a narrative that they had 11 asked and I can read it or I can hand it out . I 12 have a handout of it , if you want . It is kind of 13 long and drawn out but it basically says - -- do you 14 want me to read it, Travis? 07:03 PM 15 MR. MILLER: Yes . This is new 16 information. 17 MR . PHILLIPS : I can pass it out , if you 18 would like . Do you want me to do that? 19 MR. MILLER : Yes , let ' s do that . 07:03PM 20 MR. PHILLIPS : We can kind of go over 21 it . I also have the - - you wanted this affidavit 22 signed . Do I do that yet? 23 MR. MILLER : I will see it . 24 MR. PHILLIPS : Okay . So I can read this DepoCourt Reporting Service (630) 983--0030 6 1 and we can go over this real quick. 2 It says : Chicago SMSA Limited 3 Partnership doing business as Verizon Wireless 4 seeks a special-use permit and any other necessary 07:04PM 5 approvals to construct a wireless 6 telecommunications service facility at 204 W . 7 Wheaton, Yorkville , Illinois . That will be called 8 the property. Verizon Wireless and its affiliates 9 have acquired licenses from the FCC to provide 07:04?M 10 personal communication services , called PCS , 11 coverage throughout the United States . These 12 licenses include Yorkville, Illinois, and the 13 remainder of the Chicago metropolitan region. The 14 regional syetem is operating under the name of 07:04 PM 15 Verizon Wireless and is a part of an integrated 16 nationwide network of coverage . 17 The WTSF, wireless telecommunication 18 service facility, which Verizon Wireless proposes 19 to utilize on the property will result in 07:osPH 20 providing reliable and uninterrupted PCS services 21 to this area the Village - -- or should say city. 22 Such services include wireless telephone service , 23 voice paging, and wireless data transmission. 24 Verizon Wireless PCS technology operates at DepoCourt Reporting Service (630) 983-4030 7 1 various rate of frequency bands between 1950 and 2 1965 MGhz and utilizes a digital wireless voice 3 and data transmission system. This technology 4 promises to provide consumers with enhanced 07:OSPM 5 service, including greater sound, clarity, and 6 privacy, as well as new services . Some are 7 available and some aren' t available . 8 Like traditional cellular phone 9 systems, PCS operates on a grid system whereby 07:05PM 10 overlapping cells mesh to form a seamless wireless 11 network. The technical criteria for establishing 12 cell sites are very exacting as to both the height 13 and location of the WTSF . Within the Yorkville 14 area, cell sites are generally located 07,05PM 15 approximately one to three miles apart . Based on 16 a computerized engineering study which takes into 17 account , among other things, local population 18 density, traffic patterns and topography, Verizon 19 wireless ' engineers have identified the need the 07:06PM 20 for a PCS site in the Yorkville area . The site at 21 204 West Wheaton Avenue is within the geographic 22 area in which a facility must be located in order 23 for it to function as an integral part of the PCS 24 network. DepoCourt Reporting service (630) 983-0030 8 1 The property was selected based on 2 its satisfying RF criteria - - which is one of the 3 things that we had talked about or was in there - -- 4 including antenna height , and Verizon Wireless ' 5 review of local land uses and site availability. 6 Specifically, proximity to the Yorkville 7 residential and business communities and major 8 roadways were relevant citing criteria . 9 The property is zoned B-3 service 07:OGFM 10 business . Pursuant to the Yorkville Zoning 11 ordinance , Verizon Wireless has made application 12 for a special-use permit in order to erect and 13 maintain a wireless PCS facility, including 14 installing a 195-foot, 199 ' with lightening rod, 07:OGPM 15 monopole tower with 15 antennas which will be 16 mounted at the 195- foot level on the tower . 17 Verizon Wireless ' equipment shelter will be in a 1a new 54 -by-25 fenced lease area . The fenced area 19 has been revised in the drawings to show that 07:06PM 20 there will be slats per - - there was some 21 discussion, z guess , or however - - whatever 22 landscaping needs to be done , we are willing to do 23 that . 24 The proposed facility is not DepoCourt Reporting Service (630) 983-0030 9 1 staffed, and, upon completion, will require only 2 infrequent site visits , approximately one time a 3 month. Access will be provided to the WTSF via 4 the existing entryways to the property at 204 West 07:07PM 5 Wheaton. We are using the existing driveway on 6 the back of their lumber yard. Hence the facility 7 will not have any material impact on either 8 traffic or stormwater control . The site is 9 entirely self--monitored and connects directly to a 07:07PM 10 central office where sophisticated computers alert 11 personnel to equipment malfunction or breach of 12 security. Moreover, no nuisances will be 13 generated by the proposed PCS facility . In 14 general , PCS technology does not interfere with 07:07PM IS any other forms of communications . To the 16 contrary, PCS technology provides vital 17 communication in emergency situations and will be 18 commonly used by local residents and emergency 19 personnel to protect the general publics health, 0°7:0aeM 20 safety, and welfare . 21 The proposed site is located in a 22 commercial area at the rear of a lumber facility 23 bordered by railroad lines . We feel this Location 24 will have limited impact on surrounding DepoCourt Reporting Service (630) 983--0030 10 1 properties . In addition, Verizon Wireless will 2 work closely with the City of Yorkville to insure 3 proper screening is provided . 4 The proposed facilities will be 5 designed and constructed to meet applicable 6 governmental and industry safety standards . 7 Specifically, Verizon wireless will comply with 8 all FCC and FAA rules regarding construction 9 requirements , technical standards , interference 07.08PM 10 protection, power and height limitations , and 11 radio frequency standards . Any and all RF 12 emissions are subject to the exclusive 13 jurisdiction of the FCC. 14 Verizon Wireless is under rigid time 15 constraints and, consistent with applicable law, 16 we respectfully request this application be 17 processed a expeditiously as possible . Please 18 note that Verizon Wireless expressly reserves all 19 of its rights and claims , including, without 20 limitation, those available to it under federal 21 law . Without limiting the generality of the 22 foregoing, no waiver, admission, or agreement 23 shall be inferred herefrom and no filing of any 24 application for any permit , including, without DepoCourt Reporting Service (630) 983-0030 11 1 limitation, any building or other permit , license 2 or approval or any other action heretofore or 3 hereafter taken by or on behalf of Verizon 4 Wireless shall be construed as a waiver or 5 limitation of any right or claim of Verizon 6 Wireless . That ' s technical stuff that they have 7 us put in here . 8 Verizon Wireless looks forward to 9 working with the City of Yorkville to bring the 07:09PM 10 benefits of Verizon Wireless PCS to the entire 11 Yorkville area . The addition of this site will 12 ensure uninterrupted superior digital PCS service 13 to Yorkville and greater competition in the 14 marketplace . The end. 07:09pm 15 That ' s basically it in a nutshe 16 If anybody has any questions - - we kind of went 17 over a lot of the technology last time we 18 talked - - I would be happy to answer any 19 questions . o7:o9PM 20 MR . MILLER : Yeah, I can review the 21 staff reports . A couple of meetings I think 22 that ' s Tony ' s referring to, the first would have 23 been - - the first step for the petitioner would be 24 planning counsel for staff review, so a lot of the DepoCourt Reporting Service (630) 983-0030 12 1 staff comments and some of the modifications to 2 this plan set , the plan set that ' s in your packet , 3 and the larger versions that Tony brought with him 4 tonight is the second generation. The first 07:10PM 5 generation the staff reviewed and made some 6 comments and there were some modifications made to 7 the plan to make it compliant with the ordinance 8 requirements . There are still a couple of minor 9 items that are addressed in the staff report and I 07:10PM 10 will explain those as I go through that . 11 The second meeting Tony is referring 12 to is the Zoning Board of Appeals meeting that 13 occurred September 2nd. There are were two 14 requests that SAC wireless is asking for for this 07:10PM 15 tower . One what ' s before you tonight obviously 16 is a special use that ' s spelled out in Chapter 15 17 of the zoning ordinance which is required to be 18 obtained for any newly constructed 19 telecommunications facility . n7:xoPM 24 The second request is a height 21 variance . The Zoning Board of Appeals did meet on 22 the 2nd of September, reviewed the request 23 specifically to the height variance . The 24 ordinance requires new towers to be no more than DepoCourt Reporting Service (630) 983-0034 13 1 100 feet tall and they are asking for the tower to 2 be a total of 199 feet tall , 195 with a four-foot 3 lightening rod. 4 A few of you I was able to give you 07:11PM 5 minutes to the ZBA meeting and I handed these out 6 tonight . This is just for your reference . The 7 subject of the variance request has been heard by 8 the ZBA. The public hearing was closed. The ZBA 9 did make a favorable recommendation with a vote of D7:11PM 10 3 to 2 to recommend to the city council granting 11 the variance for the height request . 12 So that recommendation, along with 13 the recommendation by the plan commission tonight 14 on the special use, will move forward to city d7:11PM 15 council simultaneously, so that - - 16 MR. PHILLIPS ; I think there is some 17 discussion that your height limitations were - - 18 that you are going look into changing the height 19 limitations because now with the technology and 07:12pm 20 the way things are going to try and encourage more 21 carriers on one tower, instead of having hundreds 22 of towers all over the place, having one or two 23 taller ones that can hold more carriers . In this 24 case this tower does have the capability of DepoCourt Reporting Service (630) 963 .0030 14 1 holding three or four carriers on it . 2 MR . MILLER: The requirement of the 3 Chapter 15 of the zoning ordinance is for the 4 petitioner to submit an inventory of existing 07:12PM 5 sites . So as you consider granting approval for a 6 special -use permit for the new tower, it is 7 important to understand where existing towers are 8 for you to be able to determine whether or not 9 this a need in the community. 07:12PM 10 The first part of that paragraph 11 just explains what the requirements are for them 12 to provide . There is a table that was provided by 13 the petitioner that lists -- there is a map that 14 shows the location as well as a table . It lists 07.13PM 15 the address of the location and the style of the 16 tower, whether it is a lattice design tower or a 17 monopole tower, which is what ' s being requested in 16 this case _ It ' s a 200 - foot monopole tower . 19 The second part of that paragraph -- o7.13Pr 20 and this is the second paragraph on my October Sth 21 staff report - - does state that along with that 22 inventory a description by the petitioner of the 23 suitability or in this case unsuitability, if you 24 will , of any existing structure that is in DepoCourt Reporting Service (630) 983--0030 15 1 proximity to where they are proposing the tower to 2 be able to accommodate a cell tower . In other 3 words, the ordinance tries to encourage rather 4 than prior to building a tower make sure there 5 isn ' t any structure or building or water tower, 6 for example, that ' s in close proximity that could 7 be utilized rather than putting up a new 8 structure . 9 So the colored diagrams on the maps 07.14PM 10 that show coverage, that ' s probably a good 11 resource for you to review following their logic 12 in identifying this as a good location . The 13 nearest water tower to this location would be 14 north of Galena Road up near the Bristol Bay 07:14PM 15 subdivision. There are ComEd overhead power lines 16 that are directly adjacent to this site, something 17 that plan, council asked for some information on 18 and asked for verification from ComEd that 19 co-locations couldn ' t exist on those towers . And 07:14PH 20 it was determined that ComEd would not provide for 21 a co-location. So it does force an adjacent 22 tower. 23 The height of the tower that ' s being 24 proposed does exceed the ComEd towers that are out DepoCourt Reporting Service (630) 983-0030 16 1 there as well , so the 200-foot-high monopole will 2 allow for more users than what the ComEd poles 3 would be able to accommodate even if ComEd were 4 willing to lease space on those sites . So that 5 was an issue that was delved into by staff to make 6 sure there wasn ' t an ability for a location on 7 existing towers . Beyond that there aren ' t any 8 structures of this height in this vicinity. 9 The fencing requirement , which is GIZISPH 10 Paragraph 3 , the ordinance requires that an opaque 11 screen surround the base basically hiding any of 12 the cabinets or ground-level apparatus that are 13 associated with the tower . This is an opportunity 14 to recommend landscape screening and oftentimes 07:15pm 15 staff has recommended landscape screening at the 16 base . 17 This site appears to be located in 18 an asphalt parking lot . So staff evaluated it and 19 we are not recommending that landscape be 07:16PN{ 20 introduced but we did recommend that the :Fence, 21 which is a chain-link style fence which was 22 originally proposed, that that include - - or that 23 be an opaque style fence where the petitioner is 24 proposing in your packet under the current DepoCourt Reporting Service (630) 983-0030 17 1 submittal to put metal slats in the chain--link 2 fence to make it opaque . Staff does advise that 3 that meets the criteria for setbacks of 4 separation . The zoning ordinance requires the 07:16PM 5 petitioner to identify a couple of dimensions that 6 have not been identified in the most recent 7 submittal , although staff believes that they are a achieved. We are asking for that notation from a 9 technical standpoint to make sure that it is on 07:16PM 10 the plans . 11 One is that the base of the tower 12 needs to be at least 500 feet from a major 13 arterial . 47 would be the closest arterial . 14 Scaling this off on our maps , it is over 500 feet 07:17PM 15 from 47 . However, nowhere in the plans does it 16 state that so we are asking for that notation. 17 MR . PHILLIPS : I will make a note of 18 that right now. 19 MR. MILLER: The second item that ' s 07:17PM 20 asked to be identified is any residential - - 21 nearest residential structure, any vacant 22 residential platted lot , or residentially zoned 23 districts within 500 feet , so basically a 24 dimension from the proposed tower location to the DepoCourt Reporting Service (630) 983--0030 18 1 nearest of those items . whispering Meadows 2 subdivision is within 500 feet . There is not an 3 existing home constructed but there are two 4 platted lots that are currently vacant . There 07:17PM 5 aren ' t homes constructed on them yet . Again by 6 scaling off what falls within 500 feet that ' s not 7 a -- that ' s not noted on the application, so that a dimension and that shown on the map should be 9 included in the petition from a staff standpoint . 07:18PM 10 As we get farther into the 11 special-use criteria one of the things you need to 12 consider are adjacent land uses . That ' s certainly 13 a criteria you need to consider . Staff would 14 suggest that because the lots are currently 07:18PM 15 vacant, any home to be constructed on those lots 16 obviously would come following the entitlement and 17 most likely the construction of this tower . This 18 is a critical criteria if homes are existing and 19 residences are in place, which isn ' t the case 07:laP:d 20 here, but 1 wanted to make sure you knew we had 21 scaled that off and there are two lots . 22 1 did check the affidavit and 23 certified notices were mailed out to the owners of 24 those lots and they were notified of this hearing . DepoCourt Reporting Service (630) 9830030 19 1 MR . BAKER: Do you know the distance of 2 those lots from the base of the tower? 3 MR. MILLER: I don ' t and the lots aren ' t 4 shown on the maps that have been provided so I 07:19PM 5 would have to scale that here and it would be 6 within 500 feet . 7 MR. BAKER: Right . But the tower is B 200 feet so is the base 200 feet from the 9 residents or is it 300 feet from the property 07:19PM 10 line? 11 MR . MILLER: These lots it would be in 12 excess of 200 feet from the boundary of the lot . 13 The 500 foot is going across one lot and into the 14 other. 07 19P 15 MR. BAKER: Right . 16 MR. MILLER: And these lots are south of 17 the Burlington Northern railroad track . 18 CHAIRMAN CROUCH: They are on the other 19 side of the track. 07:19PM 20 MS . ADAMS : How many people were 21 notified, just out of curiosity? 22 MR. PHILLIPS : There was more parcels 23 but the same owner owns two or three parcels so - - 24 MR. MILLER: 21 . DepoCourt Reporting Service (630) 983-0030 20 1 MR. SCHILLINGER : And that ' s not all 2 residential . 3 MR. MILLER: No, only two residences . 4 The ordinance requires all parcels within 500 feet 07:20PM 5 of the boundary be notified. The criteria I have 6 in the ordinance - - there are actually two lists 7 of criteria. You are all familiar with Chapter 14 8 of the zoning ordinance , the standard special -use 9 criteria, and that ' s in the staff report . There 07e20W 10 is additional, criteria in Chapter 15 specific to 11 telecommunication towers . 12 So at the bottom of Page 1 and the 13 top of Page 2 in the staff reports , items 1 14 through 8 , those criteria that are specific to 07:20PM 15 Chapter 15, a telecommunications tower, that 16 should be considered by the planning commission as 17 you make your recommendations to the city council , 18 and then the last thing on the staff report , Items 19 1 through 6 , those are the standard criteria for 07:21pm 20 any special use . So all of those total of 14 21 criteria staff would recommend that you review and 22 consider as you consider your recommendation. 23 The petitioner did provide a 24 narrative addressing the six standard items out of DepoCourt Reporting Service (630) 983 -0030 21 1 Chapter 14 and those have been attached for your 2 review. 3 MR. PHILLIPS : Did I miss some? 4 MR. MILLER : Yeah. Do you want to read 21PM 5 through those? 6 MR. PHILLIPS : That was in my narrative . 7 MR . MILLER : Which you just read? 8 MR . PHILLIPS : Yeah, most of it was , 9 because the narrative was based around these . The 07.21PM 10 ingress and egress was addressed. we talked about 11 the height of the proposed center . That ' s in 12 there . The proximity to other residential 13 structures , that wasn ' t discussed, but we just 14 talked about that now. The nature of uses on the 07:22PM 15 adjacent properties, I said it was -- there was a 15 commercial area adjacent to the railroad. 17 Topography it is flat . There is no 18 tree coverage . It is in the back of a lumbar 19 yard. That addresses the tree issue . The design a7:22rM 20 of the antenna, it was a monopole . As far as 21 reducing - - eliminating visual object 22 obtrusiveness , it is in the back of a lumber yard, 23 railroad tracks, ComEd line, you cant find a 24 better place to stick a tower to put it next to DepoCourt Reporting Service (630) 983-0030 22 1 other towers in the back of a lumbar yard in a 2 commercial area . Ingress and egress was addressed 3 in the narrative, because we are using an existing 4 parking lot to get in and out . That was 07122PM 5 addressed . 6 Availability as to antenna 7 structures, they determined that was the best B place for it to be and the height . The RP 9 engineers determined based on the location and the 07:23PM 10 height that that was the necessary thing to do . 11 So I thought we pretty much addressed everything 12 except for the nature of the uses on the adjacent 13 property - - well , I did say that it was a 14 commercial . We kind of talked about everything 07:23PM 15 there but most of it was in the narrative . 16 But I can answer any other questions 17 anybody has . Verizon Wireless doesn ' t really 18 want - - these tower companies aren ' t in the 19 business of wanting to build towers unless they 07:23pM 20 have to . It is a very expensive venture and they 21 have to pay rent . It is because of necessity, 22 whether it is coverage or capacity, and these days 23 it is a little bit of both, mostly capacity issues 24 because of all the text messaging and Blackberry DepoCourt Reporting Service (530) 983-0030 23 1 stuff and video mails and picture mails and video 2 stuff . So, you know, it is just a matter of time 3 before what you have existing is going to be 4 overwhelmed and then you are going to have to find 07:24PM 5 alternative places to put this stuff . This tower 6 they are proposing will hold three more carriers , 7 so you are kind of focusing everybody over there e instead of having them all around the place . But 9 we are definitely willing to work with the city to 07:244-M 10 make this happen . 11 CHAIRMAN CROUCH : Is there anything 12 else? 13 MR. MILLER: No . 14 CHAIRMAN CROUCH : Is there a motion to D7:24PM 15 close the public hearing? 16 MR . KRAUPNER: So moved. 17 MS . ADAMS : Second. 18 CHAIRMAN CROUCH: Moved and a second . 19 Is there any discussion on the motion? Hearing 07:2i PM 20 none , all those in favor say yes? 21 (A chorus of yeses . ) 22 CHAIRMAN CROUCH: Opposed, say no? 23 (No response . ) 24 CHAIRMAN CROUCH : Motion carries . DepoCourt Reporting Service (630) 983-0030 24 1 (Whereupon the public hearing 2 portion of the meeting was 3 closed . ) 4 - - - 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 25 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY OF DU PAGE ) 3 I , Lynette J. Neal , a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand proceedings and that the 5 foregoing Report of Proceedings , Pages 3 through 7 24 , inclusive , is a true, correct , and complete 8 transcript of my shorthand notes so taken at the 9 time and place aforesaid. 10 1 further certify that my 11 certificate annexed hereto applies to the original 12 transcript and copies thereof , signed and 13 certified under my hand only . I assume no 14 responsibility for the accuracy of any reproduced 15 copies not made under my control or direction . 16 In testimony whereof , I have 17 hereunto set my hand this 9th day of November, 18 A . D . , 2009 . 19 20J 21 �� 'ynette Neal 22 CSR No . 084-004363 23 24 DepoCouart Reporting Service (630) 953-0030 Memorandum To: Plan Commission EST. _ iaas From: Laura Schraw(Travis Miller comments included) 4 �� 1�] CC: Annette Williams, Administrative Assistant(for distribution) 9 p Date: February 4, 2010 Subject: PC 2010-01 Kleinwachter/We Grow Kids Daycare(Special Use) LE Petitioner Request: The petitioner is requesting a special use permit to allow for a daycare in a Service Business District (B-3) per Section 10-7D-2 the Zoning Code. Staff Comments and Recommendations: • The property will be subject to the City's Landscape Ordinance standards for parkway landscaping, perimeter landscaping and parking lot landscaping per City Title S, Chapter 12, Section 1, given a special use approval request. Staff has requested that the existing landscape be surveyed in the spring and any dead material be replaced. Additional screening for the children's play area will be provided. • The property must demonstrate compliance with Title 10, Chapter 11 —Off-Street Parking Regulations. This Chapter does not specify spaces required for Daycare facilities. Historically, staff has followed 10-11-4.G `Schools; nursery, elementary and high which requires one space per each employee.' • There are a total of 40 parking spaces,2 of which are designated as handicapped parking. The special use will require 9 parking spots plus 3 employee parking spots. The number of parking spaces appears to be adequate at this time, however the renovation plan indicates the possibility of adding 3 additional tenants which would have to meet their respective parking requirements. • Staff verified that drop-off and pick-up times will be staggered. • There are currently no parking restrictions along Garden Street. However, if traffic congestion becomes a problem or other issues arise with parking problems on Garden Street, restrictions may be placed on that street eliminating parking in the future. • From the City Code Title 8, Building Regulations, Chapter 15,Appearance Code: Trash enclosures shall be located in areas that are easily accessible by service vehicles, but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial, office or institutional building is required. The 6' wood and brick enclosure indicated on the plans is acceptable if it meets the City Code and is minimally exposed to the street. o The location of the dumpster as shown on the plan will not be adequate for use by the tenant at the northeast comer. Another dumpster may need to be located near the parking lot at that corner of the site in the future and its location should be taken into consideration. • The location of the play area has eliminated deliveries to the rear of the building. Depending on the other tenants and types of deliveries, this may become an issue in the future. • Soft surface play areas and sand tables should allow water from downspouts to flow through, across the parking lot, to the storm catch basins. • The gates have been clearly identified on the plan. A copy of these plans should be forwarded to BKFD for approval to insure that these gate locations are acceptable for emergency evacuation from this outdoor play area. • The 6' fence along the north edge of the property is located 10' from the property line and at a lower elevation than the parking lot. There is approximately a 2' difference in elevation between the parking lot and the location of the fence in the swale. Staff suggests moving the fence in towards the parking lot at a location where the ground elevation is closer to the elevation of the parking lot pavement. Special Use Standards (10-14-6 of Zoniniz Ordinance): the following criteria must be considered by the Plan Commission when preparing their recommendation to the City Council: F. Standards: No special use shall be recommended by the Plan Commission unless said Commission shall find 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. 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. (Ord. 1973-56A, 3-28-74) Plan Council January 28, 2010 Attendees: Joe Wywrot, City Engineer Jackie Dearborn, Civil Engineer Laura Schraw (9:20 am) Bart Olson Guests: Dan Kramer, Attorney The meeting was called to order at 9:00 am by Joe Wywrot. The August 20, 2009 minutes were approved after corrections. PC 2010-01 Kleinwachter dba "As We Grow Kids" Special Use as a Day Care Dan Kramer explained that the proposed day care is zoned B-3, which is not a permitted use in this district. The site is the corner of Garden Street and S. Bridge Street, which did house Roger's Flooring. There are currently no parking restrictions along Garden Street, but this may be addressed in the future if traffic becomes congested. There may be a need for another dumpster, in the future, at the northeast corner of the parking lot. Jackie Dearborn said that dumpster enclosures should be constructed with materials similar to the building. There will be three employees and, at this time, there are adequate spaces for the business. If additional tenants are added to the building, the city may need to review parking again. The water downspouts should be redirected away from the play area. On the present plan, these spouts discharge onto the parking lot area to the storm sewer catch basins. The gates on the premises should be labeled. There was an overhead door at the back of the building when Roger's Flooring was in this building. This site plan eliminates the delivery door because a playground is now located there. The petitioner should be aware that this could pose a potential problem in the future for other businesses. City staff would like comments from BKFD. The petitioner should provide identification for trees. The arborvitaes on the north side should be spaced to avoid underground utilities. The landscape plan can by conditionally approved, requiring that dead landscaping is replaced in the spring. According to the state DCFS department, a day care is required to have a fenced area for play. The petitioner is proposing a 6' chain link fence, as well as a wooded fence around the playground. Staff will review and recommend any needed changes. Any signage on the property or building should be on the plans. Minutes submitted by Annette Williams FEB 01201D -D-5 Pedestrian Gate 150 Property Line 6rlstng ,[ Landscape 8 en Plantings 5.g' _4��JJJJ 6'Height tree o�r shrua not round alWe wWor thriving twilt he'rndiratel to 014 plamd Intl 2rmted nn the Ornamental Aluminum Fence CAnRet¢ Plans tavern scat general locatlons of existing pWri matefal. painted Proposed Fenced i Walk Games Outdoor Play Area 9 is Pentad �$s soft surtace area) Transformer Pedestrian Gate General Notes: 1.Contractor Is responsible for locating ail tdf ffws prior to beginning construction. contact „Exl ng conRfmte walk' JULIE al BOQ-892-0123. S,..,,.shade Structure .<. 2.Plants shall meal the American Association of Nuseryman's Standa 13'5yua rd and shay Ile grown Existing Ming post location Inside soft play in the Northern Igtrnios rtlgion. Landscape Asphalt area to be determined. 3.Plant material to be relocated shall be carefully dug with roots intact. Ball and burlap. Plantings to Remain Protect plard materai in shade with proper watering until reinstallation can ocurr. Wsting Building ° e 4.Apply a pre-emergent as per manufacturers specification prior to inslatling mulch. g 5.Beds and tree rings(6'diameter)shall have W of hardwood shredded mulch applied and a Dumpster 4'deep spade edge at lawn. 6.Plants shall be watered In that day they are planted.Elk wood and v 7.Yard repair from construction work shag be seeded with Clasan Sunny mix or egtlaf. with 6'height brick endozvre. hyrdromutch or apply shredded hay mulch on on Iop of seed. p 8.Plant material shall be garanteeded for one year From the date of acceptance. 113 dead or more of any plant shall require replacement at no cost to owner. Vehicle 16 b m 9.Parkway and all planting bads shag have a minimum of 6'of clean,clump-Ires lopsoll. Gate / � Sae Grading plan for elevettons. 10.The Department of Children and Family Services(DCFS)may require additional wood t0 fence within the proposed alumlmum fence. If Qds Is the case,the fence will be shorter(less Existing Asphalt than IT height)and located within the fence enclosure. Location to be detamflned with DCFS Parking Lot: staff and day rare staff. 11.The interior of the playground area will Include underdrainage to divert rain fag, 0000_Q000 downspouts,and existing drainage patterns to the drainage easement on the north of the ProPoriY Existing Landscape Plantings Garden Street 1'SGUARE PICKM 72' I Nit SQUARE HAILS REQUIREMENTS P.rbby; Playomund Des if tf : 2 1rL'SQUARE POSTS �0.aquaed:36 Spaces play aced will ate fenced on all stiles arid ate Disc Proposed:40 Spaces axistinq buMN Facade.Fe wM be fi'b1aGI, Now:ExistIng 9 spaces In rear I bnBdbV metal aluminum fence with Pickets a"on eteter an not Included In these numbers. and 42'deep footlngs. roofings IY dlamety. ' Interior of play ama wls Include painted Zr games on paving.and soft surf"..Pray NOTp; areas. No pemrarwnt sovc unas arc proposed. 1,NSTA"TlON TO BE Ground nerd"Jay elements such as sand tables COMPLETED W wW be rnciuded- ACCORDANCE WfTH MANUFACTURER'S SPECIFICATIONS. 2 CONCRETE FOOTINGS 35M PSI TO BE 17 OMJ,tETER AND 42'DEPTH Br Aluminum Ornamental Fence sc4l E-Not Ie 5ra1e nW up[andDesignUD z �,MMI, ',,�.ra Landscape and Site Plan We Grow Kids �� =�L 815454a °w� � 101 Garden Street, Yorkville, IL t �� t� au.�. +.. Legend I 2006 Land Use Plan 1 Land Use Classification 1 �I Rural Neighborhood I Estate Neighborhood L Suburban Neighborhood I Traditional NeighborhoodI Commercial — — — — �BeaVe[St Neighborhood Retail I Industrial I F OfficeiResearch i LMired Use — PubloclOuasi Public Perks/Open Space I Commercial/Office Research ' 1 i r InduslnallOfflce Research , i I I I 1 1 I fl1 m p1 9 m iJN — — — — — -Garden St — T — I � I i � I a I fA b � 3 � 47 I � l ] I ! 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"Requester"tadstermtrres"uracy,timeliness,completeness,and apprapifafeness oflfs use.The United City of YaMille makes no W E Special Use Request warranties,expressedorbWfeA to the use offhe Dare. -Parcel Dora&Aerfaf Photography provided by Kendall County Gis -Aerial View -eddpc nmftdby United Oily nf Yorkville Gls s 43 United City of Yorkville + 800 Game Farm Road - `' Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 �'� CE PC# I APPLICATION &PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: Date of Submission: 1;d'% 109 ; ��I1 Requesting: []Annexation []Zoning [] Planned Unit Development If Special Use: 1. Name of Petitioner(s): Pam Kleinwachter individually & d11bla We Grow Kids, Inc. Address: 1201 Game Farm Road, Yorkville, IL 60560 Phone Number: 630-553-5.756 Fax Number: Email Address: gryfoxmama @comcast.net Relationship of Petitioner(s) to subject property: [] Owner [] Developer O(Contract Purchaser 2. Name of holder of legal title, if different from#1: S 6 K Development, LLC If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: NIA _ 3. a). (i). Street address and physical location of subject property: 101 Garden Street, Yorkville, IL (ii). Zoning of surrounding parcels: North: B-3 Business District South: B-3 Business District East: M-1 Light Manufacturing District West: B-3 Business District b). Legal description of property; attach as Exhibit"A". c). Total Acreage: 1 .33 d). Kendall County Parcel Number(s)of property: 05-05-252-001 e). Current Zoning Classification: B-3 Business District 0. Zoning Classification Requested: B-3 Business District Special Use g). Is this property within City limits? X Yes No, requesting annexation United City of Yorkville Annexation,PUS,Zoning,Special Use Application Revised: 1.29.09 44 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number(IBT#)for the State of Illinois and names of businesses located on subject property to be annexed: 7. Does a flood plain exist on the subject property? NIA S. Do Electors reside on the subject property? NIA If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number,fax number, and email address of person to whom inquiries regarding this petition may be directed: Daniel J. Kramer Attorney: Name: Daniel J. Kramer Address: 1107A S. Bridge Street, Yorkville. IL 60560 _ Phone Number: 630-553-9500 Fax Number: 630-553-5764 Email Address: Dkramer @dankramerlaw.com Engineer: Name: N IA Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Terry Adams -- Adams Design Group, Ltd. Address: 404 S. Second Street, Ste. 2B Phone Number: 630-444-1403 Fax Number: 630-444-1413 Email Address: United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.69 45 10. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 35 copies. b. Appropriate filing fee (Please refer to page 4 of this application to"Petitioner Route, Step 1, Fees"and/or contact the Community Development Department for verification of this amount.) c. Concept or Preliminary Site Plan: 35 sets folded to fit in a 10"x 13"envelope. d. One CD containing one electronic copy(pdf) of each of the signed application (complete with exhibits) legal description, and site plan. In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: Petitioner(s)Signature: (All legal property owners_signatures must appear on this application.) S & K Development, LLC Pam Kleinwachter By: We Crow Kids � - — By; C am ea ae ter �r Subscribed and sworn to before me this day of , 200 I Notary Seal " OFFICIAL S 1 P-MS A LICATION MUST BE NOTARIZED. LKELLY A. KNIERiM NOTARY PUBLIC, STATE OF ILLINOIS COMMISSION EXPIRES 2/13/2011 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 46 ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees' and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc.,to allow timely review by City. `Fees: a. Annexation or Annexation and Rezoning -$250 plus$10 per acre for each acre over 5 acres b. Rezoning only-$200 plus$10 per acre for each acre over 5 acres c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees- 1.25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee-$500 f. Engineering Review Deposit-up to 1 acre =$1,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100=$10,000 over 100 acres= $20,000 g. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible For payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4"'Thursday of the month at 9:00 a.m, in the city conference Room. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: Community Development Director, City Engineer,Zoning Official, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Department representative. Step 3: Park Board planning meeting: The Park Board makes recommendations 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 the Parks and Recreation Office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission 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 make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor. A public hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the petitioner to adjacent property owners within 500 ft.of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 47 Step 5 -Economic Development Committee: The Economic Development Committee meets the 1st Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council: A public hearing is required for annexation or PUD agreements. The City Council meets the 2" or 4'Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A public hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. 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. �a lzln Date: ' Signal e of Petitioner United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 EXHIBIT A LEGAL DESCPJPTION 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 TLT LIT TENANT KETCH EN LT TLT —L ?ATE ELEC 1 —s SENSORY HN I l TLTS ROOM JJ TLTS STOR INFANTS I: LG INFANTS sf TODDLERS r� ' MOTOR .s KR � i MT KIT s INDOOR PLAY STOR CL ! 1 TENANT TENANT ADMIN LLTS TLTS 2-5 YR OLDS LG 2-5 YR OLDS 2-5 YR OLDS :acs► MOTOR ..sF MIF RECEPTION � � D KR KIT e 16 s N cF FIRST FLOOR RENOVATION PLAN-OPTION A our tm A.A 17A 11131 PHASE 1-6450 SF 86 KIDS °J0'" '