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