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Plan Commission Packet 2010 03-10-10 PLAN COMMISSION AGENDA Wednesday, March 10, 2010 Yorkville City Hall 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: February 10, 2010 -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PC 2010-02 Standard Redevelopment, Inc., petitioner has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning the property from R-3 General Residence to B-3 Service Business District and requesting an amendment to the annexation agreement to provide for the rezoning of the property from R-3 General Residence to B-3 Service Business District to the Bristol Bay PUD agreement, dated April 26, 2005. The real property consists of approximately 21.76 acres located south of Galena Road and east of Cannonball Trail, Yorkville, Illinois. Action Item i. Amendment to Annexation Agreement ii. Rezoning (R-3 to B-3) Adjournment United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Page 1 of 2 DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION Yorkville Public Library, Historic Meeting Room Wednesday, February 10, 2010 7:00pm Commission Members in Attendance: Anne Lucietto Michael Crouch Jeff Baker Tom Lindblom Clarence Holdiman Jack Jones Absent: Sandra Adams, Charles Kraupner, Brian Schillinger, Other City Staff Bart Olson, City Administrator Laura Schraw, Interim Community Development Director Paul Zabel, Code Official Other Guests: Attorney Kelly Helland Richard Scheffrahn Christine Vitosh, Depo Court Chairman Anne Lucietto called the meeting to order at 7:00pm. Roll call was taken and a quorum was established. Previous Meeting Minutes: September 9, 2009 & October 14, 2009 The September minutes were approved on a motion and second by Crouch and Baker respectively. Passed unanimously on a voice vote. Respectively, Crouch and Baker moved and seconded to approve the October minutes also. Unanimous approval on a voice vote. Public Hearing: 1. PC2010-01 Pam Kleinwachter, individually and d/b/a We Grow Kids, Inc., have filed an application with the United City of Yorkville, Kendall County requesting a special use for a day care. The real property consists of approximately 1.33 acres, located at 101 Garden St., Yorkville. Attorney Kelly Helland, the petitioner’s attorney, was sworn in by Chairman Lucietto. The Public Hearing was opened on a motion by Crouch and second by Jones. (See official court transcript of Public Hearing) Michael Crouch moved to close the Public Hearing and Jones seconded that motion. Page 2 of 2 Discussion It was noted the petitioner intends to purchase the entire building and that parking would be more than adequate. Mr. Lindblom noted a fenced area with a pedestrian gate and said the gate opens to a steep decline that would be better suited on the west where it’s flat. Mr. Lindlbom said BKFD would approve the plan with that suggestion. Mike Crouch said he had a concern for parking because of only 1 entrance and exit. He said a maximum of 86 kids could result in parking issues. However, Ms. Helland said not all 86 would be arriving at the same time. An access will not be granted off Rt. 47 and she suggested a possible cross access easement. Mr. Baker suggested possible egress onto the western lot and it will be ascertained who owns that lot for a possible agreement. A motion was made by Baker and seconded by Jones to approve PC 2010-01 to include staff recommendations along with concerns regarding an easement onto the western property for future egress and moving the gate. Roll call vote: Jones-yes, Baker-yes, Lindblom-yes, Holdiman-yes, Crouch-yes, Lucietto-yes. Passed 6-0 Additional Business Mr. Crouch reported that the Zoning Commission met up until the end of October. He said the process is 65% complete and substantial progress had been made with definitions. They will meet again in February and they hope to complete this process in a year. The Zoning ordinances had not been updated since 1973. Chairman Lucietto said the Kendall County Planning Consortium met in January and agreed upon 5 topics of discussion. The first meeting will be held in Yorkville with the topic being foreclosures. The second topic is water supplies and will be discussed in May in Platteville. A Kendall County Planning Commission annual meeting was held on February 6th. There was no further business and the meeting was adjourned on a motion by Jones and second by Baker. Voice vote approval. Meeting adjourned at 7:26pm. Respectfully submitted by Marlys Young, Minute Taker Comprehensive Plan Recommendation for Property The 2008 Comprehensive Plan recommends Mixed Use land use for the subject parcel. The Comprehensive Plan defines Mixed Use as, “… classification establishes unique areas which are best fit for medium density residential, small office complexes or open space.” “… identifies locations to serve as a buffer between intensive land uses (commercial, industrial, or office/research) and low-density residential uses. This land use classification, Mixed Use, acknowledges that the highest and best use of land not only differs from location to location, but is also dependent on the existing development conditions and on market conditions.” “Examples of potential developments in the mixed use classification include single family attached residential units, age restrictive residential, one story office buildings, or recreational amenities (playgrounds, ballfields, or golf courses). Again, it should be acknowledged that each development is unique and in no manner does a previous development set the precedent for another. Each development submittal will be handled as a unique case with the highest and best use of the land to the City of Yorkville determined on a case by case basis” The Comprehensive Plan defines Commercial Use as, “… classification includes uses such as retail, service, restaurant, entertainment. This land use classification intends to promote market-sensitive development of commercial uses within strategically located areas to efficiently, effectively and conveniently serve the growing local population while reinforcing the importance of the United City of Yorkville as a regional center.” “Further, as a goal of this Comprehensive Plan, use-oriented districts should be encouraged to provide an agglomeration of uses. These use-oriented districts include, but are not limited to, entertainment, healthcare, downtown, cultural and recreation.” “Generally, at the intersections of arterials and major collector thoroughfares (Baseline Road, Route 47, Galena Road, Eldamain Road, US 34, Route 71, Route 126, Highpoint Road, Ament Road, Walker Road, and Caton Farm Road)” Memorandum To: Plan Commission From: Laura Schraw, Interim ComDev Director CC: Bart Olson, Jennifer Woodrick, Lisa Pickering Date: March 4, 2010 Subject: Standard Bank Amendment to PUD Staff Review Comments: • The petitioner is requesting an amendment to Bristol Bay PUD for parcel 02-10-300-011, which is located just east of Cannonball Trail and just south of Galena Road, in order for the subject parcel to be rezoned from R-3 (General Residence District) to B-3 (Service Business District). • The 7.89 acre property directly adjacent to the northern boundary line of the subject property (located at the intersection at Galena and Cannonball Trail) is currently zoned B-3. • Mixed use, as shown in the Comprehensive Plan, is used as a buffer between commercial and general residential, and can include medium density residential or small office space. At this location, single family attached or age-restricted residential is appropriate. Gross density is not to exceed 3.5 units/acre. • The current plan for the property, as outlined in the annexation agreement, zoned as R-3, has a density of 8.5 du/ac, totaling approximately 185 units for the 22 acre parcel. • If this property is re-zoned to B-3, the property to the south of this parcel is zoned R-3, and therefore would still provide an appropriate mixed use transition from Commercial to General Residential. • Zoning review: The surrounding property to the north is zoned B-3, the property to the east is not yet annexed to the city, the property to the south is zoned R-3, and the property to the west is zoned R-2. R-3 Zoning per Annexation Agreement: • Minimum Lot Area per Dwelling: Allowable density of 9 dwelling units per acre • Minimum Lot Width: 50 feet • Minimum Front Yard: 30 feet with 10 feet of public utility/sidewalk easement • Minimum Side Yard: 10 feet • Minimum Corner Side Yard: 20 feet • Minimum Rear Yard: 30 feet • Maximum Building Coverage: 35% • Minimum Floor Area Per Dwelling Unit: 1,010 square feet for up to 20% of units, 1,400 square feet for all others • Minimum Building Separations: side to side: 20 feet, side to rear: 40 feet, rear to rear: 60 feet, front to side: 50 feet, front to front: 50 feet, rear to front: 100 feet • Minimum number of dwelling units per building: 6 • Minimum Number of Enclosed Parking Spaces: 1 or 2 per dwelling unit based on Preliminary PUD Plat design • Private Streets and motor courts • Permitted Obstruction to Side Yards: covered porches up to 3 feet, one story bay/box windows and chimneys up to 2 feet See attached Preliminary Plan for reference. Staff Recommendations: • As per the amendment to the annexation agreement: “the New Owner has petitioned the City to rezone the Property pursuant to the City Zoning Ordinances as set forth in the 2005 Annexation Agreement from R-3 Residential District to B-3 Business District in order to permit the New Owner to proceed to present a concept plan for a planned unit development with commercial uses on this Property;” Staff agrees that a Conceptual PUD Plan of the parcel shall be submitted for approval after re-zoning is approved. • Staff recommends approval of re-zoning from R-3 to B-3. Additional commercial area near the Galena/Cannonball Trail intersection and in close proximity to the Steven G. Bridge Regional Ballfields (Yorkville’s popular lighted ballfield complex) with retail such as restaurants, an ice cream shop, convenience store, sports shop, etc., can provide valuable amenities to the users of this facility. Galena Rd Dick son Rd Cannonball Trl The Data is provided without warranty or any representation of accuracy, timeliness, or completeness. It is the responsibility of the “Requester” to determine accuracy, timeliness, completeness, and appropriateness of its use. The United City of Yorkville makes no warranties, expressed or implied, to the use of the Data.- Parcel Data & Aerial Photography provided by Kendall County GIS- Map created by United City of Yorkville GIS Legend F-1 - Floodplain District A-1 - Agricultural District E-1 - Estate Residence District R-1 - One Familiy Residence District R-2 - One Family Residence District R-2D - Duplex Two Family District R-3 - General Residence District R-4 - General Residence District PUD - Planned Unit Development O - Office District B-1 - Limited Business District B-2 - General Business District B-3 - Service Business District B-4 - Business District M-1 - Limited Manufacturing District M-2 - General Manufacturing District PC 2010-02Standard Redevelopment, Inc.Amend PUD- Zoning Galena Rd Dick son Rd Cannonball Trl The Data is provided without warranty or any representation of accuracy, timeliness, or completeness. It is the responsibility of the “Requester” to determine accuracy, timeliness, completeness, and appropriateness of its use. The United City of Yorkville makes no warranties, expressed or implied, to the use of the Data.- Parcel Data & Aerial Photography provided by Kendall County GIS- Map created by United City of Yorkville GIS Legend 2008 Land Use Plan Land Use Classification Rural Neighborhood Estate Neighborhood Suburban Neighborhood Traditional Neighborhood Commercial Neighborhood Retail Industrial Office/Research Mixed Use Public/Quasi Public Parks/Open Space Commercial/Office Research Industrial/Office Research PC 2010-02Standard Redevelopment, Inc.Amend PUD- Land Use PINOwner NameAddress 02‐10‐400‐006Peter & Eva Medina8371 Galena Rd, Bristol IL 60512 02‐10‐300‐008Suzanne M Popp1687 Cannonball Trail, Bristol IL 60512 02‐10‐300‐006Joseph & Suzanne M Popp1687 Cannonball Trail, Bristol IL 60512 02‐10‐251‐004Jericho Holdings LLC1387 Wind Energy Pass, Batavia IL 60510 02‐10‐100‐008JNC Development of Illinois LLC2335 Mayfield Dr, Montgomery IL 60538 02‐10‐300‐010Lay Com Inc.662 Broadway St N, Aurora IL 60505 02‐10‐100‐003Gary Kukla8625 Galena Rd, Bristol IL 60512 02‐10‐300‐013UnknownUnknown 02‐10‐400‐009Gerald W Rider Trust8312 B Galena Rd, Bristol IL 60512 C/O Andrew Silagyi 02‐10‐300‐012UnknownUnknown 02‐10‐300‐003Standard BankBristol Ridge LLC, 800 Roosevelt Rd Ste A‐120, Glen Ellyn IL 60137 1687 8371 Montgomery Yorkville 02-10-400-006 02-10-300-008 02-10-300-006 02-10-400-007 02-10-400-008 02-10-251-004 02-10-100-008 02-10-300-010 02-10-100-003 02-10-300-013 02-10-300-011 02-10-100-007 02-10-400-009 02-10-400-004 02-10-300-012 02-10-300-003 02-10-400-010 02-10-175-042 Dic kson Rd Galena Rd Cannonball Trl United City of Yorkville GISAerial Photography & Parcel Data provided by Kendall County GIS 02-10-300-011500 Foot Buffer Parcels within 500 Feet 02-10-100-00302-10-100-00802-10-251-00402-10-300-00302-10-300-00602-10-300-00802-10-300-01002-10-300-01102-10-300-01202-10-300-01302-10-400-00602-10-400-009 1    AMENDMENT TO THE ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY BEING INCLUDED IN THE ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND A PLANNED UNIT DEVELOPMENT AGREEMENT (Bristol Bay Subdivision) This Amendment (the “Amendment”) to the Annexation Agreement as to a Portion of the Property Being Included in the Annexation Agreement as to a Portion of the Property, Amended and Restated Annexation Agreement as to a Portion of the Property and a Planned Unit Development Agreement (Bristol Bay Subdivision), dated April 26, 2005 (the “2005 Annexation Agreement”), is entered into this _____ day of _____________, 2010, by and among the United City of Yorkville, Kendall County, Illinois, a municipal corporation and Standard Development, Inc., a corporation of the State of Illinois, successor to MSRET, LLC, a Delaware limited liability company; Centex Homes, a Nevada General Partnership as successor to LaSalle Bank National Association under Trust Agreement dated April 1, 2005, known as Trust No. 133367, LaSalle Bank National Association under Trust Agreement dated April 1, 2005, known as Trust No. 133368 and LaSalle Bank National Association under Trust Agreement dated April 1, 2005, known as Trust No. 133370; Lay-Com, Inc., an Illinois corporation; JR Yorkville L.L.C., an Illinois limited liability company and NR Yorkville, L.L.C., an Illinois limited liability company, as tenants in common; and, John Rosenwinkel and Susan Rosenwinkel, individually, and as co- trustees of EMR Trust No. 100 dated December 10, 2002 (hereinafter collectively referred to as “Owners”); and, WHEREAS, due to the changes in the economic conditions in the country and most particularly in the region, other than Lay-Com, Inc., the Owners are successors to the parties to the 2005 Annexation Agreement due to conveyance resulting from foreclosures or other settlement agreements; and, 2    WHEREAS, the Annexation Agreement provided for the annexation of approximately 630 acres of land to the City and included a certain parcel of real estate consisting of approximately 22 acres (the “Property”), legally described on Exhibit A attached hereto and made a part hereof, then owned by MSRET, LLC, a party to the 2005 Annexation Agreement which Property was conveyed in 2009 to Standard Development, Inc., a corporation of the State of Illinois (the “New Owner”); and, WHEREAS, the New Owner has petitioned the City to rezone the Property pursuant to the City Zoning Ordinances as set forth in the 2005 Annexation Agreement from R-3 Residential District to B-3 Business District in order to permit the New Owner to proceed to present a concept plan for a planned unit development with commercial uses on this Property; and, WHEREAS, the New Owner is prepared to participate all public hearings as required by law to accomplish this Amendment to the 2005 Annexation Agreement and as may be required to rezone the Property to B-3 Business District under the City’s Zoning Ordinance. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph D under the “Recitals” as restated in Paragraph 1 of the 2005 Annexation Agreement is hereby amended to reflect the rezoning of the Property to B-3. 2. Paragraph 4 of the 2005 Annexation Agreement is hereby amended as pertaining to the Property, to state that prior to the execution of this Agreement, the Corporate Authorities (as defined in the 2005 Annexation Agreement), shall have directed that the required public hearings have been held and the Corporate Authorities shall have adopted such ordinances as may be necessary to rezone the Property to B-3. 3    3. That the Zoning Map as referenced in Paragraph 5 of the 2005 Annexation Agreement, prepared by Smith Engineering Consultants, Inc., and last revised April 4, 2005, is hereby amended to reflect the rezoning of the Property from R-3 to B-3 after adoption of such ordinances as have been deemed necessary.   IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Annexation Agreement as to a Portion of the Property Being Included in the Annexation Agreement as to a Portion of the Property, Amended and Restated Annexation Agreement as to a Portion of the Property and a Planned Unit Development Agreement (Bristol Bay Subdivision) to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal Corporation By: _______________________________________ Mayor Attest: _________________________________ City Clerk 4    Standard Development, Inc., a corporation of the State of _______________ By: _______________________________________ President Attest: __________________________________ Secretary Lay-Com, Inc., an Illinois corporation By: _______________________________________ President Attest: __________________________________ Secretary Centex Homes, a Nevada General Partnership By: _______________________________________ President Attest: __________________________________ Secretary 5