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Plan Commission Packet 2008 11-12-08 �e.0 Cl o United City of Yorkville 800 Game Farm Road EST. 1`� 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 It. PLAN COMMISSION AGENDA Wednesday, November 12, 2008 City Council Chambers 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous Meeting Minutes: September 10, 2008 October 8, 2008 --------------------------------------------------------------------------------------------------------------------- Public Hearings: Requested by Petitioners 1, PC 2008-22 G.B. Illinois 2, LLC, an Indiana Limited Liability Company, petitioner, has filed an application with the United City of Yorkville, requesting a special use for a drive through facility. The real property is Lot 5 of the Cobblestone Subdivision and consists of 2.33 acres, located at the southeast corner of Route 34 and Eldamain Road, Yorkville, Illinois, 60560. - Action Items i. Special Use This item is being continued from the Oct. 8, 2008 Plan Commission meeting 2. PC 2008-23 Full House Ventures, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois,requesting a Section 10-7B-8 Special Use: Single Family Apartments in Business Buildings, from the United City of Yorkville. The real property consists of approximately .17 acres, located at 125 West Hydraulic Street, Yorkville, Illinois. 60560. - Action Items i. Special Use 3. PC 2008-25 United City of Yorkville, Kendall County, Illinois, is considering amending Section 10-1 1-3A of the Yorkville Zoning Ordinance to incorporate time limitations for parking certain types of vehicles within the business and manufacturing districts. - Action Items i. Amend Zoning Ordinance Section 10-11-3A Additional business 1. Mining ordinance draft and discussion Adjournment Plan Council October 28, 2008 Attendees: Joe Wywrot, City Engineer Stephanie Boettcher, Sr. Planner Jackie Dearborn, Civil Engineer Travis Miller, Dir. Of Comm. Development Dave Mogle, Dir. of Parks & Rec (9:30am) Anna Kurtzman, Zoning Coordinator Eric Dhuse, Dir. of Public Works Charles Wunder, Urban Planner Guests: Rena Squirre, Full House Ventures John Paravola, Full House Ventures Donald Burks, Burks Development Attorney Bob Pilmer, Burks Dev. ( 9:40am) The meeting was called to order at 9:00 am by Joe Wywrot. Corrections were made to the September 25, 2008 minutes. PC 008-23 Paravola—SPeciul Use John Paravola is asking for a special use of his building at 119 W. Hydraulic Street. Because development of the downtown has slowed, he would like to use two first floor units for residential purposes and first floor space for business use. Currently there are two apartments being rented on the second floor of the building. The petitioner is not proposing T1F funding. The building formerly housed the offices of John Loesch, and later a doctor's office. At this time, little monies would need to be invested for residential use, as there are separate meters and kitchens in each of the first floor apartments. The expense to remodel for apartment use, hopefully, will deter other downtown business owners to petition for rental use in their storefronts. There is ample parking in the front of the building for those leasing/or hoping to lease apartments. Travis Miller suggested that, because there was little area for any potential landscaping near the building, that the city request John Paravola purchase trees for another designated downtown site. Mr. Wunder will research the prices of trees and give a cost estimate to Mr. Miller. Ms. Kurtzman pointed out that two variances are being applied for. The first variance pertains to Section 10-7B-8C, which states the number of 2"' floor apartments that are allowed in a business building is being exceeded. The second variance concerns Section 10-1 14A, stating 2 parking spaces are required, one of which has to be enclosed. Travis Miller and Stephanie Boettcher discussed the possibility of issuing the special use for a period of 3-5 years, with a reapplication to the City at the end of the time designated period. This would not be a permanent special use by Mr. Paravola. Mr. Miller suggested only 3-one year lease terms would be applicable for the petitioner before he would need to make a second application for a special use for this building. This will be at a public hearing at Plan Commission on Nov. 12. 1 PC 2008-24 Burk-v Brothers Subdii,tiion - Preliminarinlan, Final plot The Burks' are seeking approval of a preliminary plan and final plat at 1211-1213 South Bridge (Rt. 47). Mr. Burks presented staff with an updated final plat, dated Oct. 28. Anna Kurtzman stated that the setbacks on Lots 3 & 4 setbacks need to be revised on the preliminary plan. Joe Wywrot said a separate out-lot needs to be conveyed to IDOT along Rt. 47. Joe will confirm this information with either Steve Andrews or Bob Simpson at IDOT, because Mr. Pilmer was told by IDOT this does not need to be conveyed at this tithe. As stated by Mr. Wywrot, ten foot wide public utility and drainage easements should be dedicated along the north side of Lots 2 and 3, the south sides of Lots l and 4, the east sides of Lots 3 and 4, and the west sides of Lots 1 and 2 for future utilities. He offered Mr. Burk an opportunity to ask for different easement locations, so the easement would not pass directly through the on site driveway. Mr. Burk was not convinced the easements are necessary because a use for the easements has not been determined. Joe stated the City will require the petitioner to have these easements dedicated. Per Ms. Boettcher, the current side yard of Lot 4 is 20'. This is considered a pre- existing non-conforming structure. If the lot is redeveloped it will require a 30' transitional (buffer) yard, per the landscape ordinance. This may require a shift in the building pad. This will be at the Plan Commission meeting on November 12. The meeting was adjourned at 9:45 am. Minutes submitted by Annette Williams 2 Page 1 of 5 ORAF� UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, September 10, 2008 7:00pm Chairman Anne Lucietto called the meeting to order at 7:05pm. Roll Call: Sandra Adams Brian Schillinger Jack Jones Tom Lindblom (arr. 7:08pm) Clarence Holdiman Anne Lucietto Absent: Jeff Baker, Charles Kraupner, Michael Crouch Other City Staff_:_ Travis Miller, Community Development Director Stephanie Boettcher Guests: Matt Schury,Kendall County Record Dallas Ingemunson, Attorney Loren Miller Jim Koziol, Koziol Engineering Dawn Fitzgerald Dan Kramer, Attorney Clayton Marker, Marker Inc. Lynn Dubajic,YEDC Lynette Neal, Depo Court Mason Oliver, HRM Minutes: None Chairman Lucietto swore in those who would be speaking during the Public Hearings. Public Hearings: 1. PC 2008-18 Richard Marker Associates was continued from the August 13, 2008 meeting. They filed an application requesting a special use from B-3 Service Business District to Special use for a drive through on property located at 728 E.Veterans Parkway. A motion was made by Schillinger and seconded by Holdiman to re-open the Hearing. Unanimous approval by voice vote. (See Court Reporter's Transcript) The Public Hearing was closed on a motion by Adams and second by Jones. Passed on unanimous voice vote. Page 2of5 Discussion The traffic patterns were discussed and a nearby resident, Dawn Fitzgerald, noted that traffic in and out of Blackstone Restaurant is often confused. Signs will be erected to direct traffic according to Clayton Marker. Travis Miller presented the staff report and said this is the first drive-through to be processed under the new ordinance. One of his recommendations was to place directional signage off Farmstead. Action Item 1. Special Use Schillinger made a motion to approve PC 2008-19 subject to staff recommendations. Jones seconded the motion. Roll call vote: Adams-aye; Schillinger-aye; Jones-aye; Lindblom-aye; Holdiman-aye; Lucietto-aye. Motion passed unanimously. 2. PC 2008-19 Urness Land Company filed an application requesting annexation and rezoning from Kendall County B-3 Business District to Planned Unit Development zoning. The property consists of approximately 2 acres located at 9316 Route 34. The Public Hearing was opened on a motion and second by Holdiman and Jones, respectively. Passed unanimously on a voice vote. (See Court Reporter's Transcript) The Hearing was closed following a motion by Jones and second by Adams. Approved unanimously on a voice vote. Discussion This property is located where the current playground sales are located on Rt. 34 east of Rt. 47. The motel-like structure in the rear, would be demolished and Star European Imports wishes to construct a business here. Attorney Kramer commented that the client would like to hook up to sewer if the property to the north of Rt. 34 develops in the future,but would have septic at this point. The staff report supports a sanitary lift station rather than septic. Travis also discussed setbacks since this is a PUD. Appearance code compliance is also recommended. Action Items i. Annexation Lindblom made a motion to recommend annexation subject to staff comments. Jones seconded this motion and it passed unanimously on a roll call vote: Schillinger-aye; Jones-aye; Lindblom-aye; Holdiman-aye; Adams-aye; Lucietto-aye. Page 3 of 5 ii. Zoning Lindblom moved and Adams seconded a motion to accept the zoning. It passed on a unanimous roll call vote: Jones-aye; Lindblom-aye; Holdiman-aye; Adams-aye; Schillinger-aye; Lucietto-aye. New Business: 1. PC 2008-21 Loren Miller filed an application requesting a Mile and % Review. The property consists of.753 acres currently zoned Kendall County A-1 Agricultural and zoning being sought is M-1 limited manufacturing district. Attorney Dallas Ingemunson said his client has contracted a sale of this property. Owner Loren Miller said the upper portion of his property is zoned M-1 with the County and the other portion is zoned Ag-1. He explained that there are 2 legal parcels with 2 tax bills. In staff comments, Travis noted that legal access could be an issue if either parcel was sold. This property is adjacent to City property at this time, however, City water and sewer are currently not available in this area and therefore staff did not recommend annexation at this time. If the City annexes the property, the question arises as to where the front yard would be located. Action Item i. Mile and %z Review A motion was made by Lindblom to recommend acceptance of the change from Ag to M-1. Jones seconded and the motion passed unanimously on a roll call vote: Lindblom- aye; Holdiman-aye; Adams-aye; Schillinger-aye; Jones-aye; Lucietto-aye. Additional Business: 1. Cannonball Trail PUD Amendment Discussion—Request for City Council Response Chairman Lucietto recapped a discussion at last month's meeting when the Commissioners voted to request a response from City Council members who approved a gas station at the corner at Rt. 34 and Cannonball. This action followed a negative recommendation by the Plan Commission. This vote was determined to be improper due to the item not being on the agenda. Some of the comments included: the Plan Commission reports to the City Council and should not ask for a response. Safety, health and lighting were of great concern in the discussion and the vote did not speak well for the way the system should operate. Other comments included: the time spent on the committee was wasted in the final outcome-- at one time there was a legal challenge regarding this property and then the City Council subsequently voted to approve the gas station. Many of the current Council members were not on the Council during the various talks about this property. This needs to be brought to the public's attention. Page 4of5 After much discussion, it was decided that Council members will be asked to come to a Plan Commission meeting for a face to face discussion. Chairman Lucietto will issue a formal invitation to the Mayor and Councilmen to attend the next meeting. 2. Steering Committee Make-up for Zoning Ordinance At the previous meeting a steering committee was suggested to assist with the Zoning Ordinance revision. The list was reduced in committee member numbers and recommendations were made as to the make-up since this is a more technical document. It will take approximately 6-9 months for the revision. It is hoped the committee can initially meet in October. On a motion by Jones and second by Schillinger, a formal recommendation was made that the list of suggested committee members and additions for the steering committee, is approved. Roll call vote: Lindblom-aye; Holdiman-aye; Adams-aye, Schillinger-aye; Jones-aye; Lucietto-aye. Unanimous approval. Additional Business: Chairman Lucietto will be attending a Plan Commission workshop on October 18'h. A volunteer for a November 8'h workshop was requested. She will ask the City to contact each Commissioner at a later time, regarding their availability. Kane County will be holding a workshop on September 24th regarding transit system improvement. Travis said a City staff may send a representative. The Planning Consortium will hold a meeting on September 18'h at 7pm and the topic is "water". The Comp Plan will be presented on October 28h. Commission members are invited to attend. Stephanie Boettcher said that the Economic Development Committee asked for modifications to the proposed commuter rail station in the Comp Plan. They requested it be located near a more densely populated area. They also requested less buffer and more mixed use. They will review it again in October at their monthly meeting. This item will be placed on the next Plan Commission agenda. Travis commented on the newsletter"Connections"that was handed out during Hometown Days. The content consists of information about the Integrated Transportation Plan. The funding is 80% state/federal and 10% from the City. Two components are being examined: 1) Trail system and 2) Streetscape. An on-line survey can be completed regarding this study. Page 5 of 5 Lynn Dubajic reported on businesses that will be opening soon. She is also working with other potential retailers. Lindblom requested Plan Council minutes since some of those items eventually come before the Plan Commission. He asked for more specifics about locations of some of those developments. There was no further business and the meeting was adjourned on a motion and second by Jones and Schillinger respectively. Unanimous approval on a voice vote. Meeting adjourned at 8:25pm. Minutes by Marlys Young, Minute Taker UNITED CITY OF YORKVILLE , ILLINOIS MEETING OF THE PLAN COMMISSION REPORT OF PROCEEDINGS taken at the meeting of the Yorkville Plan Commission for the United City of Yorkville , taken on September 10 , 2008 , at the hour of 7 : 00 p . m . , before Lynette J . Neal , C . S . R . , at 800 Game Farm Road, Yorkville , Illinois . D-856408 r DEPO - COURT reporting service DUPAGE COUNTY KANE COUNTY 1212 S. Naper Blvd.,Ste. 119-185 630-983-0030 @ Fax 630-907-9710 1051 Ketel Ave. Naperville, IL 60540 Emall:depocourticomcast.net North Aurora, IL 60542 2 1 PRESENT : 2 MS . ANNE LUCIETTO , Chairman, 3 MR . BRIAN SCHILLINGER, 4 MR . TOM LINDBLOM , 5 MR . JACK JONES , 6 MR . TRAVIS MILLER, 7 MS . SANDRA ADAMS , 8 MR . CLARENCE HOLDIMAN, 9 MS . MARLYS YOUNG . 10 - - - 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 3 1 (Whereupon a portion of the 2 hearing was had but not 3 herein transcribed . ) 4 CHAIRMAN LUCIETTO : Okay . Do we have a 07:03PM 5 notion to reopen the public hearing for 6 PC 2008 - 18 , Richard Marker Associates . 7 MR . SCHILLINGER : I ' ll entertain the 8 motion . 9 MR . HOLDIMAN : So moved . 07:03PM 10 COMMISSION MEMBER : Second . 11 CHAIRMAN LUCIETTO : I hear a motion and 12 a second . All in favor , aye? 13 (Chorus of ayes . ) 14 CHAIRMAN LUCIETTO : Not in favor, 07:03PM 15 nay? 16 (No response . ) 17 CHAIRMAN LUCIETTO : Okay . The public 18 hearing for Richard Marker Associates is open . 19 MR . MARKER : Do you want me to start ? 0-7:03PM 0 CHAIRMAN LUCIETTO : Yes , please . State 21 your name and where you live . 22 AUDIENCE MEMBER : I apologize for my 23 informal attire but I came straight from soccer 24 practice . My name is Clayton Marker . I am here DepoCourt Reporting Service (630) 983 -0030 4 1 representing Marker & Associates , and we have 2 submitted for a special use for a drive-through on 3 our retail site . We have a 29 , 000 square foot 4 strip center behind Blackstone that , you know, 'r"PM 5 back when we started the building it went in for 6 permit , we grappled with doing one , not doing one , 7 and we opted to not do it . And of course what 8 happens when you do that , we have a tenant that 9 came to us that needed a drive-through . 4PM 10 So we are here asking for - - with a request for special use for the drive- through on 12 the east end of the property, the east end of the 13 side . We have met with plan council , with Travis 14 and Eric Dhuse , and gone through a number of their 07:04PM 15 comments and resubmitted off of their comments I 16 think to a point where the people on the plan 17 council are pretty comfortable . We tried to 18 address all of the concerns that they had, whether 19 it be signage , traffic patterns , proper stacking . PM 20 The tenant that we are dealing with 21 is a coffee shop , so the stacking that we would 22 need is four cars . Based upon your ordinance we 23 have had the appropriate spacing and have worked 24 with the plan council to make that work . We have DepoCourt Reporting Service (630) 983-0030 5 1 located on the new plan - - hopefully I think a lot 2 of you have the new plan . I have reduced copies 3 if you would like to see them if you don ' t have 4 them in your packets . s PM 5 MR . MILLER : If you have some copies , we 6 will see them. 7 MR . MARKER : They are reduced . That ' s 8 the one , yep . A lot of the comments that a lot of 9 the plan council brought up , this end of the 07:05PM 10 building , because of the spacing that we have , we 11 took that side of the building and made it one way 12 and did that with a lot of signs , the do-not -enter 13 signs and the no-left -turn signs that we see at 14 the rear of the building that you see at the 07;05PM 15 southeast corner . We have located where our 16 menu/order sign would be at the southeast side of 17 the building down that corner . We have addressed 18 where the out is for the drive-through lane on the 19 east side there , coming out kind of perpendicular 07.06PM 20 to that traffic pattern and then eliminating a few 21 parking spots so we don ' t get into anyone coming 22 out and one coming out in that spot . 23 CHAIRMAN LUCIETTO : Is there anyone in 24 the audience that has any comments or questions? DepoCourt Reporting Service (630) 983 -0030 6 1 Did you swear in? 2 MS . FITZGERALD : Yes . 3 CHAIRMAN LUCIETTO : State your name and 4 your address for the record . 07:06PM 5 MS . FITZGERALD : Dawn Fitzgerald, 649 6 Hartland Drive . We have some concerns about h: 7 traffic patterns . Blackstone is there and it has , 8 you know, caused a lot of people to be doing 9 U-- turns into the subdivision, U-turns around the 07:07PM 10 large median that ' s there . I ' m sure the City is 11 aware how many times the sign has been knocked 12 down by people . 13 We want to know about the traffic 14 patterns and what we ale going to do to make sure `7PM 15 that - - you know, having a drive-through is going 16 to increase traffic patterns . There is a dance 17 school and a daycare there as well and just the 18 increased traffic into the subdivision . 19 MR . MARKER : I think having those three 07:07PM 20 access points into the site and especially having 21 that full access off of Route 34 is going to be 22 the main in and out for that property . The people 23 going eastbound , they will come in off of McHugh 24 and come onto Farmstead, like a lot of people do . DepoCourt Reporting Service (630) 983-0030 7 1 I don ' t see a whole lot of access from the 2 subdivision . 3 I live probably a thousand feet 4 away from there as well , and I see the traffic 07:07PM 5 coming through every now and then , but I don ' t see 6 this as a real potential back on Hartland Drive at 7 al 8 MS . FITZGERALD : We see it as a 9 potential issue as far as the - - I mean, getting 07:08QM 10 into the subdivision, you know, you are driving 11 behind somebody and there is a sfU,&­..en stop because 12 they are doing U-turns because there is no access 13 to get into - - they don ' t realize there is access 14 on Farmstead to get into the complex . So that ' s 0 iaPM 15 where the issue is coming in . 16 You know, there is so many people 17 and nobody knows that there is an entrance off of 18 34 , and if you are turning onto McHugh, people 19 take it for granted there is an entrance there . 07:ospM 20 You have to turn onto Farmstead, they don ' t know 21 that . There is constant traffic doing U-turns all 22 over, so putting the drive - through in is going to 23 increase that and increase people not knowing 24 where they are going . It is a bizarre traffic DepoCourt Reporting Service (630) 983--0030 8 1 pattern if you live over there to watch people go 2 in and out , especially during pickup times during 3 daycare , in the morning , the afternoon, weekends , 4 1 mean, you can sit there for hours and the 07:09PM 5 traffic patterns there are just -- - you know, it is 6 just something - - it is just not safe for a lot of 7 people to be going in and out through there 8 because people are confused about the entrance and 9 exits . 07c09PM 10 CHAIRMAN LUCIETTO : Are there any other 11 questions from anyone else? 12 MS . FITZGERALD : Thank you . 13 MR . MARKER : There is an entrance sign 14 that Blackstone put in there that will be lit at 07:C9PM 15 night . 16 CHAIRMAN LUCIETTO : There is no one else 17 with any comments? I will entertain a motion to 18 close the public hearing . 19 MS . ADAMS : 5o moved . 07:O9PM 20 MR . SCHILLINGER : Second . 21 CHAIRMAN LUCIETTO : A in favor say 22 aye? 23 ( Chorus of ayes . ) 24 CHAIRMAN LUCIETTO : Not in favor, nay? DepoCourt Reporting Service (630) 983-0030 9 1 (No response . ) 2 CHAIRMAN LUCIETTO : So moved . We will 3 move on to the other public hearing - - I suppose 4 we can do that . Let ' s talk about it for a little :1 §wk 5 bit first . Dan, hang on . We are going to do the 6 action - - we will do the action on this one first . 7 (Whereupon a portion of the 8 hearing was had but not 9 herein transcribed . ) 07:19PM 10 CHAIRMAN LUCIETTO : Now we are moving 11 onto PC 2008 - 19 , the Urness Land Company . Do we 12 have a motion to open the public hearing? 13 MR . HOLDIMAN : So moved . 14 MR . SCHILLINGER : Second . 07:19PM 15 CHAIRMAN LUCIETTO : All in favor, aye? 16 (Chorus of ayes . ) 17 CHAIRMAN LUCIETTO : Not in favor, nay? 18 (No response . ) 19 MR . KRAMER : Good evening . My name is :1 PM 20 Daniel J . Kramer . My address is 1107A South 21 Bridge Street , Yorkville , Illinois . I am an 22 attorney Licensed to practice law in the state of 23 1 inois , and I represent the co-petitioners , 24 Urness Land Company and Star European Imports . It DepoCourt Reporting Service (630) 983-0030 10 1 is the same folks but , again, they own the land 2 and the LLC and operate the business under a 3 different name . Basically this property you 4 probably remember driving by for years on the �t 21,,+Psed 5 south side of Route 34 was where Dick Aubry had 6 the playground equipment company . It was turned 7 inwards so it was kind of an awkward commercial 8 setting . And then behind the main building and a 9 smaller building where he had the playground 07:20PM 10 equipment there were some old apartments that I ' m 11 sure started out as an old hotel long before 12 probably any of us were around . 13 The ultimate plan on this is to 14 knock down the old building and get rid of the 07:20PM 15 apartments and hopefully at some future date - - we 16 showed it on the original plan - - add another 17 office building so it would be a nice attractive 18 addition to the gateway of the City . 19 This property has kind of slid 07:21PM 20 through the cracks over the years . Going all the 21 way back to when Bob Bateman was mayor in 182 , 1 22 think we brought in - - you guys sat here for all 23 of them - - 39 parcels at that intersection in 24 annexation . This one we could never talk to the DepoCourt Reporting Service (630) 983-0030 11 1 prior owner , never brought it in . Dick did bring 2 it in . And the real difficulty with it - - and our 3 engineer , Jim Koziol , for the record , tonight is 4 here to talk about the layout of it - - has always 07:21PM 5 been sanitary sewer . There is sewers a length 6 away on each side , actually right to the west now, 7 but they literally come up out of the ground when 8 it gets anywhere close to there so you have never 9 been able to hook the sanitary and entice the 07-21PM 10 owners to come in . 11 We think we can either do a small 12 pump and pump to the west , because we are not a 13 big user of water, particularly waste when we get 14 rid of the apartments . That ' s probably the most 07:21PM 15 practical solution . We just have to work out 16 details and see whether the sanitary district and 17 the City would in effect have us have a private 18 little lift station there . If not , we can make it 19 through on the septic system that we have now 07:22PM 20 until we knock down the apartments , but at some 21 point it is best to get the City utilities . Water 22 is on that new strip center to the west of us so 23 we are going to hook to water from day one . 24 It is a nice one . I ' m really sad DepoCourt Reporting Service (630) 983-0030 12 1 that Michael Crouch is not here tonight . I like 2 appearing in front of you when we have no children 3 to bring into the schools . This one is a win/win 4 for the City because with the type of product they 07:22PM 5 sell , there is a boatload of sales tax on these 6 cars and they have gotten to be kind of a business 7 that people come from all over the Chicago area as 8 far as parts business too . So it is great revenue 9 for the City, we don ' t think any kind of a 07.22PM 10 detriment on City services . 11 we are asking for a positive 12 recommendation to annex the property and then zone 13 it under your PUD ordinance . And, again , this 14 one , as all of you have driven by over the years , 07:23PM 15 it doesn ' t lend itself to straight zoning well at 16 all because the building ' s up near the street , the 17 setbacks aren ' t what we would be doing if we are 18 doing a brand-new subdivision, and it needs tender 19 loving care because it is an as - is parcel . 07:23PM 20 The one thing we can promise you , 21 based on our expert , his firm is going to be doing 22 a remodel with an addition to it so it will look 23 an awful lot nicer after they are done and they 24 have knocked down the smaller building in the DepoCourt Reporting Service (630) 983-0030 13 1 front that was kind of an eyesore . 2 So I will be happy to answer any 3 questions the public has and myself and if you do , 4 and then what I would like to do is have Jim 07:23PM 5 Koziol give you the before and we have already 6 made some changes to the plan based on staff - - I 7 mean plan council ' s recommendation . 8 CHAIRMAN LUCIETTO : Anybody have any 9 questions for Dan? Why don ' t you go ahead and do -ss,° the report . Thank you . 11 MR . KOZIOL : Good evening . I ' m Jim 12 Koziol . I am the consulting engineer on the 13 project . You know, the drawing that you have in 14 your packet , the only difference between this 07:24PM 15 drawing and that drawing at this point is that we 16 removed the parking along the west edge here 17 because it is a - - you know, we were within five is feet of the , you know, side setback and after 19 talking to the owner and having this display area 07 :24pM 20 out in front , it was pretty easy to , you know, get 21 rid of that . 22 On the east side we really couldn ' t 23 get - - you know, we orig:: na`.ly talked about 24 removing all of the parking on that side but this DepoCourt Reporting Service (630) 983-0030 14 1 area where it is a proposed addition is another 2 change . The addition you see on here is about a 3 24 -by- 72 foot addition . What we are going to end 4 up doing is building the addition and squaring off 07:24PM 5 the entire building . Just looking at it and the 6 logistics of having cars in the showroom, the 24 7 feet wasn ' t big enough to really maneuver in that 8 area . 9 The problem that the owner had is 0-725PM 10 he really wanted to keep some parking along this 11 side because his customers -- - you know, this is 12 the main showroom. He has got service back here , 13 some detailing back in this corner, so most of his 14 customers are going to enter and park on this 2'.PM 15 northeast corner, and to have the - - we are 16 required to have two handicap spaces as close to 17 the entrance as possible , that left us with really 18 no pa.-� k4. ng up there . So he wanted to - - he would 19 have liked to keep all of the parking along this Q 2 5 Pm 20 edge but- , you know - - you know, in discussions we 21 ended up turning those parking spaces into eight 22 parallel spaces and he will have that here for 23 overflow . He says on Saturdays he will have as 24 many as 20 cars in there at one t- ° Ie , you know, DepoCourt Reporting Service (630) 983 -0030 15 1 customers . So we have plenty of parking at this 2 point for him to have his cars on display out 3 front , some in the showroom, a few over here in 4 storage , and stall have parking for customers . 07:26PM 5 The sanitary is actually located 6 behind the strip center here to the west . An 7 easement already exists , a utility easement 8 already exists , to our property, so we can take 9 the waste that now goes into the septic field into 07:26PM 10 the northwest section here , route that through, 11 and put it into a lift station and pump it into 12 that sewer . 13 Detention, once this building is 14 here we are proposing to put stormwater back here . 07 :26PM 15 It is kind of a low area and route it through this 16 storm sewer that currently exists along that west 17 side . That ' s about it . 18 CHAIRMAN LUCIETTO : Does anybody have 19 any questions? 07:26PM 20 MR . JONES : Dan, you have a concept plan 21 of what you think it might look like or what you 22 are thinking it might look like? 23 MR . KOZIOL : Not yet . Dan? 24 MR . KRAMER : They have done mechanical DepoCourt Reporting Service (630) 983--0030 16 1 drawings as far as it but not a, you know , nice 2 color drawing . 3 MR . TOSHAK : Are they going - - 4 CHAIRMAN LUCIETTO : Name? 07;27PM 5 MR . TOSHAK: Andrew Toshak, 1025 and 6 1015 McHugh, so we share the back of the lot line 7 with this development and then we have footage on 8 McHugh . Is - - the second building , is there like 9 going to be a two-story building or one- story 7:27PM 10 building? 11 MR . KRAMER : Actually, with the second 12 one they are going to have to come back with the 13 PUD ordinance and show all the elevations . They 14 don ' t have a particular plan on that yet , but , 07:27PM 15 again, we did want to show that eventually they ' ll 16 would get rid of those apartments and they 17 would - - looks like the footprint could be 18 two-story, we just don ' t know yet . 19 MR . JONES : would the lift station be up 07:28PM 20 to city standards , be privately maintained though? 21 MR . KRAMER : Well , it definitely would 22 be city standards , but at least judging from the 23 past , we don ' t think the governmental agencies 24 want to take a small station like that so , you are DepoCourt Reporting Service (630) 983 -0030 17 1 right , it would be privately owned, privately 2 maintained . 3 CHAIRMAN LUCIETTO : I entertain a motion 4 to close the public hearing . 07 :29PM 5 MR . JONES : I ' l l make that motion . 6 CHAIRMAN LUCIETTO : Thank you . Second? 7 MS . ADAMS : Second . 8 CHAIRMAN LUCIETTO : All in favor , aye? 9 (Chorus of ayes . ) 10 CHAIRMAN LUCIETTO : Not in favor , nay? 11 (No response . ) 12 CHAIRMAN LUCIETTO : Public hearing is 13 closed . 14 (Whereupon a portion of the 15 hearing was had but not 16 herein transcribed . ) 17 - - - 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 18 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF DU PAGE ) 3 I , Lynette J . Neal , a Certified 4 Shorthand Reporter , do hereby certA'y that I 5 reported in shorthand the proceedings had at the 6 hearing of the above--entitled cause and that the 7 foregoing Report of Proceedings , Pages 3 through 8 17 , inclusive , is a true , correct , and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid . 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the !. parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof , signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 DepoCourt Reporting Service (630) 983 -0030 19 1 In testimony whereof , I have 2 hereunto set my hand this lst day of October , 3 A . D . , 2008 . 4 6 Ly ette J . Neal. 7 CSR No . 084 - 004363 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 WHRIAIII- +c.14 care[11- iz:+a 14:13, 14:1b 13.12 annexation I,]-10.24 cars[51-4:22, 12:6, correctlil- 18:8 eastbound 11]-6.23 82{11-10:21 annexed +l- 18:17 14:6,14:24, 15:2 council 4 4:13, ! [ I- easy l+I-13:24 0 answer],]- 13:2 caused Ill-6:8 4:17,4:24,5:9 1 edge 121- 13:16, 14:20 apartments 15]- center 131-4:4, 11:22, council's[1]-13.7 effect[1]- 11:17 084-004363 Ill-19,7 10:10, 10:15, 11:14, 1 15:6 counsel]21-18:12 eight lit-14:21 11:20, 16:16 certificate[1t-18:17 COUNTY[,]-18:2 elther(l)-11:11 apologize(1)-3:22 certified[1)-18:19 course Ill-4;7 I elevations[1]-16.13 10[+[- 11 appearing[1)-12:2 Certified[1I-18:3 cracks I,]- 10:20 ' eliminating 11)-5:20 1015;s - 16:6 applies 111-18:17 certify 131-18:4, Crouch Ill-12:1 end 141-4:12, 5:9, 1025 16:5 appropriate[1]-4:23 18:11,18:16 CSR[1]-19:7 I 14:3 1107A Ill-9:20 area[51-12:7, 13:19, Chairman[s]-2:2 customers 141-14-11, ended I1]-14;21 17111-18:8 14:1, 14:8, 15:15 CHAIRMAN[23]-3;4, 14:14, 15:1, 15:4 engineer 121- 11:3, 1stl,]-19:2 as-is 11]- 12:19 3:11,3:14,3:17, _.- 13:12 Associates 131-3:6, 3:20,5:23,5:3,8:10, D enter 121-5:12, 14:14 3;18,4:1 8:16,8:21,8:24,9;2 D-85640811]-1:22, entertain 13)-3:7, assume 11]-18:19 9:10,9:15,9:17, Dan[4]-9:5, 13:9, I 8:17, 17:3 20 l+l-14:24 attire 11]-3:23 13:8, 15:18, 16:4, 15:20, 15:23 entice Ill 11:9 2008 Iz)- 1-12, 19:3 attorney[1]-9:22 17:3,17:6, 17:8, entire[tit-14:5 2008-18[it-3:6 17:10,17:12 dance 11)-6:16 attractive 111- 10:17 Daniel[1t-9:20 entitled 111-18:6 2008-19{1]-9.11 Aub , 10:5 change Ili-14:2 24 111 14.6 rY I ] entrance,,,-7:17, audience + 5:24 changes[1]-13:6 date I+I l 10:5 I I- 7:19,6:8,8:13, 24-by-7211]-14'3 t AUDIENCE Ill-3:22 Chicago[11-12:7 Dawn re 1 6:5 14.17 29,0001+]-4:3 I children , daycare Izl-6:17,8:3 aware Ill-6:111 I ]-12:2 dealing 11]-4:24 equipmenl[z]- 10:6, awful 11]-12:23 Chorus 141-3:13, 10:10 definitely 11]- 16:21 3 awkward 111- 10:7 8:23,9:16, 17:9 Eric Ill-4:94 311]- 18:7 aye 14]-3:12,8:22, CITY[11-9:1 detailing 11]-14:13 especially(z)-6:20, 3413]-6:21,7:18, 915, 117:8 city[21-16:20, 16:22 details -19:16 10:5 ayes 1 4]-3:13,8:23, City[8]-1,11,6:10, Detention]11-15:13 8.2 y detriment[1l-1210 I European[+)-9:24 391+]-10:23 9:16, 17:9 10:18,11;17,11:21, evening 121-9:19, 12:4,12:9, 12:10 1 development 111 16:7 13:11 6 B CLARENCE I,]-2:8 Dhuse 111]-4;14 eventually I+l- 16:15 Clayton 11]-3:24 exists 131- 15:7, 15:8, i 649111-6:5 based{2]-12:21, i 3:6 close 14]-8:18, 11:8, Dick Izt-10;5, 11:1 � Based I+1-4:22 difference Ill-13:14 15:16 14:16, 17:4 exits ill-8:9 7 Bateman 11]-10:21 closed 11)-17:13 different[tit-10:3 behind[4]-4:4,7:11, difficulty 111-11:2 expert 111-12:21 7:00 I+1- 1:12 co ill-9:23 eyesore 111-13:1 10:8,15:6 co-petitioners[1]- direction[1l-18:21 + 8 best 11]-111:21 9.23 discussions[1t- F between t1(- 13:14 coffee 1 4:21 14:20 8001,1- 1:13 ] ]big 121-11:13, 14:7 display 121- 13:19. far[31-7:9, 12:8,16-1 � color 111-16:2 i bit[+]-9:5 15:2 Farm III- 1:13 comfortable 111-4:17 A bizarre 111-7:24 district 11]- 11:16 Farmstead[31-6:24, Blackstone 3 coming 1$]-5a9, A.D 11]- 19:3 1 ] a.a, 5:21,5:22,7:5,7:15 do not-enteril]-5:12 7:14,7:20 able I1]-11:9 6:7,8:14 comments[51-4:15, done 12]-12:23, favor[e]-3:12,3:14, above-entitled I11- boatload 111- 112:5 15:24 8:21,8:24,9:15, 16'6 Bob]1)-10'21 5:8,5:24,8:17 commercial 11]-10:7 down(5)-5:17,6:12, 9:17,17:8, 17:10 access 151-6:20, brand 11]-12:18 10:14, 11:20, 12:24 feet 13)-7:3,13:18, i 6:21,7:1,7-12,7:13 I brand-new 11]- 12:18 COMMISSION[2]-1:5,3:10 drawing 14]- 13:13, 14:7 accuracy 111- 18:20 BRIAN 1q-2:3 Commission(s)- 13:15, 16;2 few 12)-5:20, 15:3 action 121-9:6 Bridge I,]-9:21 I 1:10 drawings[1t-16:1 field 11]-15,9 ADAMS 131-2:7,8:19, bring 12]-111:1, 12:3 Company 12]-9:11, Drive 121-6:6,7:6 firm 111-12:21 17:7 brought 13)-5:9, 9:24 drive]s]-4:2,4:9, first 121-9:5,9:6 ' add ill-10:16 10:22,1111:11 4;11 5: , '18, , I ]- company{1]-10:6 6:15 FITZGERALD4 I addition I6]-10:18, building list-4:5, 7:22 6:2,6:5.7:8,8:12 complete 11]-16:6 12:22,14:1, 14:2, 510,5:11,5:14, drive-through[el- Fitzgerald[1t-6:5 complex[1]-7:14 14:3,14-4 5:17,10:8. 10:9, concept[11-15:20 4:2,4:9,4:11,5:18, five 11l- 13:17 address[3]-4:18, 10:14, 1017, 12:24, 6:15,7:22 folks],]- 10:1 6-4.9:20 14:4, 14:5, 15.13, 6:fi concerns[21-4:18, driven Is]-12a4 foot 12l-4:3,14:3 addressed 11l-5.17 16:8, 16:9, 16:10 confused 11]-8:8 driving[2]-7:10, 10-.4 footage I11-16:7 aforesaid 111-18:10 building's 111-12:16 DU[11- 18:2 footprint[1]- 16:17 business constant[11-7:21 afternoon 111-8:3 [3]" 10:2, consulting 111-13:12 during[z]-8:2 foregoing I+1-18:7 agencies 111 1623 12:6, 12:8 control[1l-18:21 four[tt-4:22 ahead I+]-13:9 copies(41-5:2,5:5, E front 14)-1 Z2, 13.1, Andrew 11]-16:5 C 18:18,18:21 easement 121-15:7 13:20, 15:3 ANNE 111-2:2 C.S.R Ill- 1:13 corner(4)-5:15,5:17, east[41-4:12,5A9, full[1]-6;21 DepoCourt Reporting Service (630) 983-0030 future 11l- 10:15 K Marker(4l-3:6,3-18, nobody lil-7:17 permit 111-4;6 3:24,4:1 northeast 111-14:15 perpendicular(1l- G keep p) 14;10, 14:19 MARKER 14)-3:19, 1 northwest 111.15:10 5:19 2 kind ill-5::6, 10:7, : , 5:7,6:19,8:13 notes Ill-18:9 petitioners[11-9:23 � Game[i]- 1a3 10:19, 12:fi, 12:9, gateway 10:18 MARLYS Ill-2:9 notion lil-3:5 ` pickup lil-8:2 g men lock 121:15 mayor[il-10:21 number Ill-4:14 place Ill-18:10 governmental 111]- knock lz]- 110:14, 16:23 1120 McHugh 14]-6:23, _. _ PLAN Ill-1:5 ranted 111-7:19 I 7:18, 16:6, 16:8 0 plan 112]-4;13,4:16, 9 knocked 121-6:11 mean[3]-7;9,8:4, 4:24,5:1,5:2,5:9, grappled 111-4:6 12:24 October[i]- 19:2 great 111- 12-8 knowing[1l-72 13:7 3 OF 151- 1:1, 1:4,1:9, 110:113, 10:16, 13.6. ground(1)-11.7 knows(i)-7:17 mechanical Ill- 18:1.18:2 13:7, 15:20, 16 14 guys lil- 10:22 KOZIOL[2)- 13:11, 15:24 office 111- 10:17 Plan 111- 1:10 15:23 median ji)-6:10 old 13)-10:10, 10:11, playground tz]- 10:6, 1 H Koziol 13]-i 1:3, 13:5, MEETING Ill-1:4 10:9 10:14 i meeting li]-1:111 plenl Y[i]- 15.1 hand 121-18:19, 19:2 13:12 points Ill-once lil-15:13 MEMBER 121-3:10, I point[at-4:16, 11-21. I handicap[11-14:16 KRAMER(4]-9:19, one lib]-4:6,5:8, 15:24, 16:11, 16:21 3:22 5:11,5:22,8:16,9:6, 13:15, 1 hang 111-9:5 menulorder lil-5:16 6:20 happy 111- 13.2 Kramer I i I-9:20 met Iii-4:13 10:24, 11:23, 11:24, portion[31-3:1,9:7, Hartland 121-6:6,7:6 Michael lil-12:1 12:3, 12:14,12:20, 17:14 hear 1,l-3:11 L might Izl- 15:21, 14:24, 16:9, 16:12 one-sto 1 16:9 Positive li]-12:11 hearing i -3:2,3.5, Land z -9:11,9:24 one-story ] g 1 ] I ] 15:22 9 Passible[1]-14:17 open[zl-3:16, :12 3:1 B,8:18,9:3,9:8, land[11- 10:1 MILLER 121-2:6,5:5 operate(1l: 1 9 potential 121-7:6,7:9 9:12, 17:4, 17:12, lane It]-5:18 morning 11]-8:3 practical(il- 11:15 1715, 18:6 large 1 -6:1D opted 111-4:7 9 I ] most(z]-11:14, ordinance 131-4:22, Practice(z]-3:24, hereby Iii-18:4 law 111-9:22 14:13 9:22 herein[3]-3:3,9:9, 1 layout 111- 11:4 motion[61-3:8,311, PRESENT(1]-2:1 17'16 I least ill-16:22 8:17,9:12,17:3, ori 12:13, 16:13 ginal 121-10:16, hereto Ill- 18:17 18:17 pretty 12)-4:17, 13:20 left[2)-5:13, 14:17 17:5 originally Ill-13:23 Private lil-11:17 hereunto 11]- 19:2 lend 11]-12:15 move[11-9:3 i privately 131-16:20, HOLDIMAN 3 2:8, outcome[11-18:15 11- length 111]-11:5 moved l4)-3:9,8:19, 171 3:9,9:13 I overflow lil-14:23 1 licensed Ill-9:22 9:2,9:13 own(111-10:1 ; Problem Ii-14:9 hook 121- 11:9, 11:23 lift 13]-11'18, 15;1'l, moving 1t1-9:10 proceedings Ill-18:5 ho efuIl z -5:1, owned lit-17:1 P Y[ 1 16:19 MR -2:3,2:4,2:5, owner[3l- 11:1, PROCEEDINGSIiI- 10:15 I LINDBLOM[1]-2:4 2:6,2:8,3:7.3:9, 1:9 hotel 1 10:11 13:19, 14:9 I I- line 16:6 3:19,5:5,5:7,6:19, owners 11l-11:10 Proceedings hourp]- 1:12 lit[1]-8:14 8:13,8:20,9:13, 18:7 flours[il-8'4 literallylil-11:7 9:14,9:19, 13:111, P product;,.; 12:4 Iive(31-3:21,7:3,8:1 15:20, 15:23, 15:24, project Ill 13:13 LLC 11]-10:2 16:3, 16:5,16:11, p.m 111-1:92 promise:;t;,- 12:20 ILLINOIS 121-1:1, located 13]-5:1,5:15, 16:19, 16:21, 17:5 packet Ill-13:14 9 proper Ill 4:19 18:1 15:5 MS 191-2:2.2:7,2:9, packets Ill•5:4 ro erl P P Y',6:°.4:12, Illinois[31-1:14,9:21, logistics 11]- 14:6 6:2,6:5,7:8,8:12, PAGE Ill-18:2 6:22, 10:3,10x9, 9:23 look[3]-12:22, 15:21, 8:19,17;7 Pages[1)-18:7 I 12:12,15.8 Imports Ill-9:24 15:22 --- parallel lil-14:22 proposed Iii-14:1 inclusive 11l-18:8 looking lit-14.5 N parcel lit-12:19 I proposing 111-15-14 increase 13]-6:16, looks Ill-16:17 Name Ill-16:4 parcels Ill-10:23 Public[1I- 17:12 7:23 loving 111- 12:19 name[51-3:21,3:24, park Ill-14:14 I public[7]-3:5,3:17, increased[111-6:18 low[11-15:15 6:3,9:19, 10:3 parking[91-5:21, 8:18,9:3,9:12, 13:3, informal[1]-3:23 LUCIETTO 124)-2:2, nay(4]-3:15,8:24, 13:16, 13:24, 14:10, 1. 17;4 interested]sl-18:15 3:4,3:11,3:14,3:17, 9:17, 17:10 14:18, 14:19, 14:21, PUD12]- 12.13, 16:13 intersection Ii]- 3.20,5:23,6:3,8:10, Neal 131-1:13, 18:3, 15:1, 15:4 pump 131-11:12, 10:23 8:16,8:21,8:24,9:2, 19:6 particular 11l-16:14 15:11 inwards 111-10:7 9:10,9:15,9:17, near Ill-12:16 particularly Ill-11:13 put 13]-8:14,15:11, issue[21-7:9,7:15 13:8, 15:18, 16:4, need[t1-4:22 parties 1z1-18:13, 15:14 itself It]-12:15 17:3, 17:6, 17:8, needed 11]-4:9 18:14 putting 111-7:22 17:10, 17:12 needs Ill-12:18 parts Ill-12:8 Lynette 13)-1:12, past[ I-16:23 J i never I3l-10:24, 11:1, Q 18:3, 19:6 11:8 pattern(2)-5:20,8:1 JACK[i]-2:5 patterns[s]-4:19, questions lsl-5:24, Jim 131-11:3, 13,4, new[4)-5:1,5:2, 8:11,13:3,13:9, M 111:22, 12:18 6:7,6:14,6:16,8,5 13:11 PCl2l-3:6,9:11 15:19 JONES 141-2:5, main[3]-6:22, 10:8, nice 13)-10:17, 11:24, 15:20, 16:19, 17!5 14:12 116:1 people[12)-4:16,6:8, maintained 121- nicer Ill-12:23 6:12,6:22,6:24, R judging[i]-16:22 16:20, 17:2 night Ill-8:15 7:16,7:18,7:23,8:1, real[2]-7:6, 11:2 maneuver m-14,7 no-left-turn[11-5;13 1 8:7,8:8, 12:7 realize lil-7:13 DepoCourt Reporting Service (630) 983-0030 reallyls]- 11:24, septic(2]-11:19, 15:9 stop 11]-7:11 under141-10:2, 13:22, 14:7, 14:10, service t11- 14-12 storage Ili-15A 12A3, 18:19, 18:21 14:17 services[1]-12:10 storm Ill-15:16 UNITED Ill-1:1 3 rear Ill-5:14 set]11-19:2 siormwater[t]- 15:14 United[11-1:11 recommendation[21- setback[11- 1118 story]3)-16:9, 16:18 up p1-5:9,11:7, 12 12, 13:7 setbacks Ill-12:17 straight 121-3:23, 12:16, 14:4, 14:18, record 121-6:4, 11:3 setting Ill-10:8 12:15 14:21,16:19 reduced 121-5 2,5:7 , sewer 131-11:5, Street[11-9:21 Urness 121-9:11,9:24 related 121-18:12, 15:12, 15A6 street[1]-12:16 user[il-11:13 18:13 sewers 111-11:5 strip 13]-4:4, 11:22, utilities Ill-11:21 i remember[+)-10:4 share[1l- 16:6 15:6 utility Ill-15:7 remodel Ill-12:22 shop 11]-4:21 subdivision IS]-6:9, removed 11]-13:16 Shorthand I+]- 18:4 6:18,7:2,7:10, w removing 1z)-13:24 shorthand(21-18:5, 12:18 - reopen I+1-3:5 18:9 submitted I1]-4:2 waste[z] 11:13, 15:9 report 1 -13:10 show I21- 16-13, sudden t -7:11 watch[11-8:1 P I ] Izl [ ] water[2]-11:13, REPORT 111- 1.9 16:15 suit 12]-18:13, 18:14 11:23 Report[tI-18:7 showed 111-10:16 suppose 11]-9:3 Water 111-11:21 reported[1i-18:5 showroom[31- 14:6, swear Ill-6:1 weekends Ill-8:3 Reporter 11]-18:4 14:12, 15:3 system(1l-11:19 represent 11)-9:23 side It t]-4:13,5:11, ; i west 11:22]- 3:16,15:6, representing I+I-4.1 5:16,5:19, 10:5, T 11:22, 13:16, 15:6, ' 15:16 reproduced 1t1- 11:6,13:18. 13:22. tax I+]-12:5 whereof(tI- 19:1 18:20 13:24, 14:11, 15:17 request[+]-4:11 sign[3]-5:16,6:11, tenant[z)-4:8,4:20 whole 11]-7:1 1 required It]-14:16 8a 3 tender[i]-12:18 winlwin(11-12:3 testimony[11-19:1 response[41-3:16, sign age 11]-4:19 THE(11-1:4 Y 9:1,9:18,17:11 signed ill-18:18 responsibility i1]- signs 131-5:12,5:13 thereof(2l-18:15, Y ears 131- 10:4,10:20, 18:20 sit Ill-8:4 18:18 12:14 resubmitted 111-4:15 site[2]-4:3,6:20 thinking 11]-15:22 YORKVILLE 111-1:1 retail 11]-4:3 slid Ill- 10:19 thousand 11]-7:3 Yorkville 14]-1:10, i three Ili-6:19 revenue Ill-12:8 small 121- 11:11, TOM(1] 1:11, 1:13,9:21 1 Richard[21-3:6,3:18 18:24 YOUNG 11]-2:9 tonight 21-11:3, 12:1 rid 141-10:14, 11:14, smaller[2]-10:9, took 1t]-5:11 13:21, 16:16 12:24 TOSHAK 121-16:3, - -- Z Road)q-1:13 , soccer 111-3:23 16:5 zone[11-12:12 route(21-15:10, solution 11]-11:15 Toshak I1]- 16:5 zoning Ill-12:15 15:15 South(1)-9:24 Route[21-6:21, 10:5 south(t]-10:5 traffic 1101-4:19,5:20, 6:7,6:13,6:16,6:18, southeast 121-5:15, 7.4 7:21,7:24,8:5 S 5:16 transcribed[31 3:3, spaces 131-14:16, sad Ill-11:24 9:9, 17:16 safe[1)-8:6 14:21, 14:22 transcript[21-18:9, spacing(21-4:23, sales I+]-12:5 18:18 5:10 SANDRA[t)-2:7 Travis 11]-4:13 sanitary 141-11:5, special[21-4:2,4:11 TRAVIS Iq-2:6 11-9,11:16, 15:5 spot I+I-5:22 tried Ill-4:17 spots[+1-5:21 sat(1]-10:22 � true 111-18:8 � Saturdays[1]- 14:23 square Ill-4.3 turn 121-5:13,7:20 SCHILLINGER[41- squaring 11]- 14:4 turned[11-10:6 ` 2:3,3:7,8:20,9:14 SS 11]-18.1 turning(2)-7:18, school I1]-6:17 stacking 121-4:19, 14:21 schools Ill-12:3 4:21 turns 141-6:9,7:12, Second Isl-3:10, staff 111-13:6 7:21 8:20,9:14, 17:6, standards 121-16:20, two 131-14:16, 16:9, 17:7 16:22 16:18 second[31-3:12, Starll]-9:24 two-story 121-16:9, 16:8,16 11 I start 111-3:19 16:18 section[11-15:10 started[2)-4:5, 10:11 type[11- 12:4 see[10]-5:3,5:6, STATE Ill- 18:1 5:13,5:14,7:1,7:4, state Ill-9:22 U 7:5,7:8, 11.16, 14:2 State[2)-3:20,6:3 station]41-11:18, U-turns 141-6:9,7:12, sell[+)-12:5 7:21 September[1]- 1:11 15:11, 16:19, 16:24 still[1)-15:4 ultimate 11]-10:13 DepoCourt Reporting Service (630) 983-0030 Page 1 of 4 ORAF UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, October 8,2008 7:00pm Chairman Anne Lucietto called the meeting to order at 7:02pm. Roll Call: Clarence Holdiman Michael Crouch Charles Kraupner Sandra Adams Jeff Baker Tom Lindblom Annie Lucietto, Chairman Absent: Brian Schillinger, Jack Jones A quorum was established Other City Staff; Mayor Valerie Burd, Ad Hoc Committee Member Travis Miller, Community Development Director Bob Allen, City Council Liaison (on behalf of Joe Besco) Guests: Matt Schury, Kendall County Record Richard Scheffrahn Lynette Neal, Depo Court Minutes: August 13, 2008 The minutes were approved as read. Public Hearings: Requested by Petitioners 1. PC 2008-22 G.B. Illinois 2, LLC, petitioner, has requested a special use for a drive through facility. The property is Lot 5 of the Cobblestone Subdivision consisting of 2.33 acres located at the southeast corner of Route 34 and Eldamain Rd. Chairman Lucietto said a letter from the project attorney had been received conceming this petition. The petitioner has asked that the hearing be opening and continued to next month. Baker made a motion to open the Public Hearing with a second from Holdiman. Passed unanimously on a voice vote. There was no other comment from anyone present. A motion was then made by Crouch and Lindblom respectively, to continue the hearing per the petitioner's request. Roll call vote was taken: Crouch-aye; Kraupner-aye; Adams-aye; Baker-aye; Lindblom-aye; Holdiman-aye; Lucietto-aye. The case will be continued to November 12, 2008. Page 2 of 4 A motion was then made by Crouch to close the Public Hearing and it was seconded by Adams. Passed on a voice vote. New Business: 1. Comprehensive Plan Land Use Map—modification on future commuter rail station Travis Miller said a memo from Senior Planner Stephanie Boettcher contained some revisions in response to EDC's request for higher density near the proposed commuter station. Two alternate land use plans were developed and he said the EDC favored Plan 2. The primary difference between the 2 plans was the mixed use along Rt. 34 that was incorporated into Plan 2. The original plan suggested more commercial use. The Public Hearing for the Comp Plan is scheduled for October 28th at the City Council meeting. Ali Commission members were in agreement with the new revision. 2. Mining Regulation—Discussion This matter was first discussed in the Administration Committee. Though there is not an application pending at this time, Travis said the City has a 75 square mile planning area with some current mining in Kendall County. He said the current ordinance addresses mining, however, it requires further clarification. Miller said 2 factors need to be considered: 1. Zoning classification—the current ordinance requires mining operations to be M2 2. Consider criteria in ordinance He gave an overview of the discussion/suggestions from the City Staff including possible classification of either Ag or Special Use. When the mining ceases,the area would possibly change to a lake or recreation area. Staff recommended that a possible text amendment might be needed if the Plan Commission felt it necessary. Baker said he did not think mining fits into the Ag zoning class and was closer to Special Use. Lindblom added that mining operations start in the County and building migrates around the operation. Lucietto asked for additional research from other counties who have similar makeups compared to Kendall County. The Boughton Gravel pit was cited as a facility that now has growth surrounding it. A facility at 1 11th St. near Naperville was also mentioned. Travis will bring additional research to next month's meeting. 3. Plan Commission meeting schedule for 2009 The proposed meeting schedule for 2009 was presented. It was noted that the November meeting would be held on the 3rd Wednesday due to Veteran's Day being on the 2nd Wednesday. Page 3 of 4 Additional Business: Chairman Lucietto recapped a request from last month's meeting whereby Plan Commission members wished to have a discussion with Council members regarding the vote to approve a gas station at Cannonball and Rt. 34. This followed a negative recommendation from the Commission. Mayor Burd was present to explain the Council's action. She said she had spoken with residents and Aldermen prior to the vote. She said most of the Aldermen did not share the Commission's concern about the gas station and felt it was an appropriate location for a gas station. They felt the area had changed significantly since the original PUD was put in place and did not feel that PUD was a contract. She said the current Council is a new group of people who had no history with the Cannonball residents. The Mayor said the Council values the Commission's input, however, the Commission is elected to advise the Council. She said many of the Aldermen are concerned about the environment, but did not feel there was a concern for this location. Crouch stated he did not feel the Council gave much consideration to the issues raised by the Commissioners and did not discuss possible runoff to residential wells or possible leaking tanks. He felt the Councilmen put the tax revenues ahead of environmental concerns. Commissioner Baker added that the Commissioners have followed this case since its inception and said that this matter had been through the courts twice. He felt the Commissioners did a good job and wondered if the Councilmen had all the facts before their vote. Mayor Burd said all the information was provided to the Council and added that Alderwoman Sutcliff had attended the Plan Commission meeting. She conceded that the tax revenue was part of the decision. Alderman Bob Allen was present at this meeting and said although he voted against the gas station, he stood behind the Council. An alternative location further west was brought up by Baker. There was further discussion that it would be near the Rob Roy watershed that ultimately drains to Blackberry Creek. In a final comment, Lindblom said he respected the Council's decision, but was bothered because of the overturning of the Commission's decision. The Commissioners thanked Mayor Burd and Alderman Allen for attending the meeting and Chairman Lucietto said in the event of a future voting disparity such as this, an explanation will be given to the Commission. In other matters, Chairman Lucietto noted the first Kendall County Planning Consortium was held September 181h with "water" being the topic. Oswego will host the next meeting on November 20`x' at 7pm at the new City Hall. The discussion will be"green". Page 4 of 4 Chairman Lucietto also suggested"windmills"as a possible future topic. Mayor Burd said Oswego had approached the City about a possible windmill farm. Alderman Allen said there would be a Ward 1 meeting on October 23`d at 6.30am at Southern Belle Pancake House. There was no further business and the meeting was adjourned at 7:43pm on a motion by Adams and second by Holdiman. Approved on a voice vote. Minutes by Marlys Young, Minute Taker UNITED CITY OF YORKVILLE , ILLINOIS MEETING OF THE PLAN COMMISSION REPORT OF PROCEEDINGS taken at the meeting of the Yorkville Plan Commission for the United City of Yorkville , taken on October 8 , 2008 , at the hour of 7 : 00 p . m. , before Lynette J . Neal , C . S . R . , at 800 Game Farm Road, Yorkville , Illinois . D- 858608 REPO - COURT reporting service DUPAGE COUNTY KANE COUNTY 1212 S. Naper Blvd.,Ste. 119-185 630-983-0030 • Fax 630-907-9710 1051 Ketel Ave. Naperville, IL 60540 Email:depocourtftomcast.net North Aurora,IL 60542 2 1 PRESENT : 2 MS . ANNE LUCIETTO , Chairman, 3 MR . JEFF BAKER, 4 MR . MICHAEL CROUCH, 5 MR . CHARLES KRAUPNER , 6 MR . TOM LINDBLOM, 7 MR . TRAVIS MILLER, B MS . SANDRA ADAMS , 9 MR . CLARE'NCE HOLDIMAN, 10 MS . MARLYS YOUNG . 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 3 1 (Whereupon a portion of the 2 hearing was had but not herein 3 transcribed . ) 4 CHAIRMAN LUCIETTO : Do I have a motion GPM 5 to open PC 2008 -22 , G . B . Illinois 2 ? 6 MR . BAKER : So moved, Baker . 7 MR . HOLDIMAN : Second . 8 CHAIRMAN LUCIETTO : So now we are in 9 PC 2008 - 22 . Again, we are responding to a letter 07:OOPM 10 that was sent to us from the attorneys for this 11 project dated October 7th, 2008 that was addressed 12 to Travis . 13 MR . MILLER : They have requested to 14 continue this to November 12th, 2008 . o,7:o1PM 15 CHAIRMAN LUCIETTO : I need to have a - - 16 we need to have a motion that includes continuing 17 it to that date . 18 MR . LINDBLOM : Don ' t we need to vote on 19 the motion to go to public hearing? 07:O1PM 20 CHAIRMAN LUCIETTO : I thought I did 21 that . Okay . All in favor of opening the public 22 hearing say aye? 23 (Chorus of ayes . ) 24 CHAIRMAN LUCIETTO : Not in favor, nay? DepoCourt Reporting Service (630) 983-0030 4 1 (No response . ) 2 CHAIRMAN LUCIETTO : Based on the 3 discussion we just had regarding the letter from 4 the attorneys for the project , they ask that we ;,7aiPM 5 postpone the public hearing to the November 12th , 6 2008 plan commission meeting . Do I have a motion? 7 MR . CROUCH : Do you want a motion to 8 postpone or continue? 9 CHAIRMAN LUCIETTO : To continue . 07:01PM 10 MR . CROUCH : I move to continue the 11 hearing on PC 2008 -22 to November 12th , 2008 . 12 CHAIRMAN LUCIETTO : Per the petitioner ' s 13 request . 14 MR . CROUCH : Yes . 07:O1PM 15 MR . HOLDIMAN : So moved . 16 MR . BAKER : Second . 17 CHAIRMAN LUCIETTO : Do roll call on that 18 one , please . 19 MS . YOUNG : Kraupner? 7:::2PM 20 MR . KRAUPNER : Yes . 21 MS . YOUNG : Adams? 22 MS . ADAMS : Yes . 23 MS . YOUNG : Baker? i 24 MR . BAKER : Yes . DepoCourt Reporting Service (630) 983-0030 5 1 MS . YOUNG : Lindblom? 2 MR . LINDBLOM : Yes . 3 MS . YOUNG : Holdiman? 4 MR . HOLDIMAN : Yes . 07:02PM 5 MS . YOUNG : Luc i et t o? 6 CHAIRMAN LUCIETTO : Yes . 7 PC 2008 -22 will be continued to the 8 November 12th meeting . Do we have a motion to 9 close the public hearing? 07:02PM 10 MR . CROUCH : I move to close the public 11 hearing . __ MR . LINDBLOM : Second . 13 CHAIRMAN LUCIETTO : That ' s it . 14 - - - 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 6 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 the proceedings had at the 6 hearing of the above-entitled cause and that the 7 foregoing Report of Proceedings , Pages 3 through 8 5 , inclusive , is a true , correct , and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid . I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof , signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 DepoCourt Reporting Service (630) 983--0030 7 1 In testimony whereof , T have 2 hereunto set my hand this 13th day of October, 3 A . D . , 2008 . 4 5 6 Lynette J . Neal 7 CSR No . 084 - 004363 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983--0030 UNITED CITY OF YORKVILLE , ILLINOIS MEETING OF THE PLAN COMMISSION REPORT OF PROCEEDINGS taken at the meeting of the Yorkville Plan Commission for the United City of Yorkville , taken on September 10 , 2008 , at the hour of 7 : 00 p . m . , before Lynette J . Neal , C . S . R . , at 800 Game Farm Road, Yorkville , .Illinois . D- 856408 _ D EPO COURT reporting serNgce DUPAGE COUNTY KANE COUNTY 1212 S. Naper Blvd., Ste. 119-185 630-983-0030 - Fax 630-907-9710 1051 Ketel Ave. Naperville,IL 60540 Emall:depocourt@comcast.net North Aurora, IL 60542 2 1 PRESENT : 2 MS . ANNE LUCIETTO , Chairman, 3 MR . BRIAN SCHILLINGER, 4 MR . TOM LINDBLOM, 5 MR . JACK JONES , 6 MR . TRAVIS MILLER , 7 MS . SANDRA ADAMS , 8 MR . CLARENCE HOLDIMAN, 9 MS . MARLYS YOUNG . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 3 1 (Whereupon a portion of the 2 hearing was had but not 3 herein transcribed . ) 4 CHAIRMAN LUCIETTO : Okay . Do we have a 07 03P 5 notion to reopen the public hearing for 6 PC 2008 - 18 , Richard Marker Associates . 7 MR . SCHILLINGER : I ' ll entertain the 8 motion . 9 MR . HOLDIMAN : So moved . : s3pM 10 COMMISSION MEMBER : Second . 11 CHAIRMAN LUCIETTO : I hear a motion and 12 a second . A`J. 1 :_n favor , aye? 13 (Chorus of ayes . ) 14 CHAIRMAN LUCIETTO : Not in favor, 07:03PM 15 nay? 16 (No response . ) 17 CHAIRMAN LUCIETTO : Okay . The public 18 hearing for Richard Marker Associates is open . 19 MR . MARKER : Do you want me to start ? 0.7:03pM 20 CHAIRMAN LUCIETTO : Yes , please . State 21 your name and where you live . 22 AUDIENCE MEMBER : I apologize for my 23 informal attire but I came straight from soccer 24 practice . My name is Clayton Marker . I am here DepoCourt Reporting Service (630) 983-0030 4 1 representing Marker & Associates , and we have 2 submitted for a special use for a drive-through on 3 our retail site . We have a 29 , 000 square foot 4 strip center behind Blackstone that , you know, 07:04PM 5 back when we started the building it went in for 6 permit , we grappled with doing one , not doing one , 7 and we opted to not do it . And of course what 8 happens when you do that , we have a tenant that 9 came to us that needed a drive-through . PM 10 So we are here asking for - - with a 11 request for special use for the drive- through on 12 the east end of the property, the east end of the 13 side . We have met with plan council , with Travis 14 and Eric Dhuse , and gone through a number of their comments and resubmitted off of their comments I 16 think to a point where the people on the plan 17 council are pretty comfortable . we tried to 18 address all of the concerns that they had, whether 19 it be signage , traffic patterns , proper stacking . 07:04PM 20 The tenant that we are dealing with 21 is a coffee shop , so the stacking that we would 22 need is four cars . Based upon your ordinance we 23 have had the appropriate spacing and have worked 24 with the plan council to make that work . We have DepoCourt Reporting Service (630) 983-0030 5 1 located on the new plan - - hopefully I think a lot 2 of you have the new plan . I have reduced copies 3 if you would like to see them if you don ' t have 4 them in your packets . 07:QSPM 5 MR . MILLER : If you have some copies , we 6 will see them . 7 MR . MARKER : They are reduced . That ' s 6 the one , yep . A lot of the comments that a lot of 9 the plan council brought up , this end of the sPM 10 building , because of the spacing that we have , we 11 took that side of the building and made it one way 12 and did that with a lot of signs , the do--not -enter 13 signs and the no-left -turn signs that we see at 14 the rear of the building that you see at the 5pM 15 southeast corner . We have located where our 16 menu/order sign would be at the southeast side of 17 the building down that corner . We have addressed 18 where the out is for the drive-through lane on the 19 east side there , coming out kind of perpendicular 07:06pM 20 to that traffic pattern and then eliminating a few 21 parking spots so we don ' t get into anyone coming 22 out and one coming out in that spot . 23 CHAIRMAN LUCIETTO : Is there anyone in 24 the audience that has any comments or questions? DepoCourt Reporting Service (630) 983 -0030 6 1 Did you swear in? 2 MS . FITZGERALD : Yes . 3 CHAIRMAN LUCIETTO : ,State your name and 4 your address for the record . 07:0GPM 5 MS . FITZGERALD : Dawn Fitzgerald, 649 6 Hartland Drive . We have some concerns about the 7 traffic patterns . Blackstone is there and it has , 8 you know, caused a lot of people to be doing 9 U- turns into the subdivision, U-turns around the 07:07PM 10 large median that ' s there . I ' m sure the City is 11 aware how many times the sign has been knocked 12 down by people . 13 We want to know about the traffic 14 patterns and what we are going to do to make sure 07:07PM 15 that - - you know, having a drive-through is going 16 to increase traffic patterns . There is a dance 17 school and a daycare there as well and just the 18 increased traffic into the subdivision . 19 MR . MARKER : I think having those three 7.07PM 20 access points into the site and espec b.a ..ly having 21 that full access off of Route 34 is going to be 22 the main in and out for that property . The people 23 going eastbound, they will come in off of McHugh 24 and come onto Farmstead , like a lot of people do . DepoCourt Reporting Service (630) 983-0030 7 1 I don ' t see a whole lot of access from the 2 subdivision . 3 I live probably a thousand feet 4 away from there as well , and I see the traffic 07:07PM 5 coming through every now and then , but I don ' t see 6 this as a real potential back on Hartland Drive at 7 all . 8 MS . FITZGERALD : We see it as a 9 potential issue as far as the - - I mean, getting 07:08PM 10 into the subdivision , you know, you are driving 11 behind somebody and there is a sudden stop because 12 they are doing U-turns because there is no access 13 to get into -- -- they don ' t realize there is access 14 on Farmstead to get into the complex . So that ' s ci 06 PM 15 where the issue is coming in . 16 You know, there is so many people 17 and nobody knows that there is an entrance off of 18 34 , and if you are turning onto McHugh, people 19 take it for granted there is an entrance there . o,7:08PM 20 You have to turn onto Farmstead, they don ' t know 21 that . There is constant traffic doing U- turns all 22 over, so putting the drive -through in is going to 23 increase that and increase people not knowing 24 where they are going . It is a bizarre traffic DepoCourt Reporting Service (630) 983-0030 8 1 pattern if you live over there to watch people go 2 in and out , especially during pickup times during 3 daycare , in the morning , the afternoon, weekends , 4 I mean, you can sit there for hours and the 07:09PM 5 traffic patterns there are just - - you know, it is 6 just something - - it is just not safe for a lot of 7 people to be going in and out through there 8 because people are confused about the entrance and 9 exits . 07:09PM 10 CHAIRMAN LUCIETTO : Are there any other 11 questions from anyone else? 12 MS . FITZGERALD : Thank you . 13 MR . MARKER : There is an entrance sign 14 that Blackstone put in there that will be lit at 07:09PM 15 night . 16 CHAIRMAN LUCIETTO : There is no one else 17 with any comments? I will entertain a motion to 18 close the public hearing . 19 MS . ADAMS : So moved . 07:09PM 20 MR . SCHILLINGER : Second . 21 CHAIRMAN LUCIETTO : All in favor say 22 aye? 23 (Chorus of ayes . ) 24 CHAIRMAN LUCIETTO : Not in favor, nay? DepoCourt Reporting Service (630) 983-0030 9 1 (No response . ) 2 CHAIRMAN LUCIETTO : So moved _ We will 3 move on to the other public hearing - - I suppose 4 we can do that . Let ' s talk about it for a little 07:1oPM 5 bit first . Dan, hang on . We are going to do the 6 action - - we will do the action on this one first . 7 (Whereupon a portion of the 8 hearing was had but not 9 herein transcribed . ) 07: 19PM 10 CHAIRMAN LUCIETTO : Now we are moving 11 onto PC 2008 - 19 , the Urness Land Company . Do we 12 have a motion to opera the public hearing? 13 MR . HOLDIMAN : So moved . 14 MR . SCHILLINGER : Second . 07:19PM 15 CHAIRMAN LUCIETTO : All in favor , aye? 16 (Chorus of ayes . ) 17 CHAIRMAN LUCIETTO : Not in favor, nay? 18 (No response . ) 19 MR . KRAMER : Good evening . My name is sPM 20 Daniel J . Kramer . My address is 1107A South 21 Bridge Street , Yorkville , Illinois . I am an 22 attorney licensed to practice law in the state of 23 Illinois , and I represent the co-petitioners , 24 Urness Land Company and Star European Imports . It DepoCourt Reporting Service (630) 983 -0030 10 1 is the same folks but , again, they own the land 2 and the LLC and operate the business under a 3 different name . Basically this property you 4 probably remember driving by for years on the 0'7:20PM 5 south side of Route 34 was where Dick Aubry had 6 the playground equipment company . It was turned 7 inwards so it was kind of an awkward commercial 8 setting . And then behind the main building and a 9 smaller building where he had the playground 07:2CPM 10 equipment there were some old apartments that I ' m sure started out as an old hotel long before 12 probably any of us were around . 13 The ultimate plan on this is to 14 knock down the old building and get rid of the 07:20PM 15 apartme: ; - s and hopefully at some future date - - we 16 showed it on the original plan - - add another 17 office building so it would be a nice attractive 18 addition to the gateway of the City . 19 This property has kind of slid 07:21PM 20 through the cracks over the years . Going all the 21 way back to when Bob Bateman was mayor in 182 , I 22 think we brought in -- - you guys sat here for all 23 of them - - 39 parcels at that intersection in 24 annexation . This one we could never talk to the DepoCourt Reporting Service (630) 983-0030 1 prior owner , never brought it in . Dick did bring 2 it in . And the real difficulty with .t - and our 3 engineer , ,Tim Koziol , for the record, tonight is 4 here to talk about the layout of it -- - has always 07:21PM 5 been sanitary sewer . There is sewers a length 6 away on each side , actually right to the west now, 7 but they literally come up out of the ground when 8 it gets anywhere close to there so you have never 9 been able to hook the sanitary and entice the 07:21PM 10 owners to come in , 11 We think we can either do a small 12 pump and pump to the west , because we are not a 13 big user of water, particularly waste when we get 14 rid of the apartments . That ' s probably the most 07:21PM 15 practical solution . We just have to work out 16 details and see whether the sanitary district and 17 the City would in effect have us have a private 18 little lift station there . If not , we can make it 19 through on the septic system that we have now 0.7:22pM 20 until we knock down the apartments , but at some 21 point it is best to get the City utilities . Water 22 is on that new strip center to the west of us so 23 we are going to hook to water from day one . 24 It is a nice one . I ' m really sad DepoCourt Reporting Service (630) 983-0030 12 1 that Michael Crouch is not here tonight . z like 2 appearing in front of you when we have no children 3 to bring into the schools . This one is a win/win 4 for the City because with the type of product they 07;22PM 5 sell , there is a boatload of sales tax on these 6 cars and they have gotten to be kind of a business 7 that people come from all over the Chicago area as 8 far as parts business too . So it is great revenue 9 for the City, we don ' t think any kind of a 07:22PM 10 detriment on City services . 11 We are asking for a positive 12 recommendation to annex the property and then zone 13 it under your PUD ordinance . And , again , this 14 one , as a of you have driven by over the years , 0':23PM 15 it doesn ' t lend itself to straight zoning well at 16 all because the building ' s up near the street , the 17 setbacks aren ' t what we would be doing if we are 18 doing a brand--new subdivision, and it needs tender 19 loving care because it is an as- is parcel . 07:23PM 20 The one thing we can promise you, 21 based on our expert , his firm is going to be doing 22 a remodel with an addition to it so it will look 23 an awful lot nicer after they are done and they 24 have knocked down the smaller building in the DepoCourt Reporting Service (630) 983 0030 13 1 front that was kind of an eyesore . 2 So I will be happy to answer any 3 questions the public has and myself and if you do , 4 and then what I would like to do is have Jim 07:23PM 5 Koziol give you the before and we have already 6 made some changes to the plan based on staff - - I 7 mean plan council ' s recommendation . 8 CHAIRMAN LUCIETTO : Anybody have any 9 questions for Dan? Why don ' t you go ahead and do 07:24PM 10 the report . Thank you . 11 MR . KOZIOL : Good evening . I ' m Jim 12 Koziol . I am the consulting engineer on the 13 project . You know, the drawing that you have in 14 your packet , the only difference between this 07:24PM 15 drawing and that drawing at this point is that we 16 removed the parking along the west edge here 17 because it is a - - you know, we were within five 18 feet of the , you know, side setback and after 19 talking to the owner and having this display area 07:24PM 20 out in front , it was pretty easy to , you know, get 21 rid of that . 22 On the east side we really couldn ' t 23 get -- - you know, we originally talked about 24 removing all of the parking on that side but this DepoCourt Reporting Service (630) 983-0030 14 1 area where it is a proposed addition is another 2 change . The addition you see on here is about a 3 24 -by- 72 foot addition . What we are going to end 4 up doing is building the addition and squaring off 07:24PM 5 the entire building . Just looking at it and the 6 logistics of having cars in the showroom, the 24 7 feet wasn ' t big enough to really maneuver in that 8 area . 9 The problem that the owner had is 07:25PM 10 he really wanted to keep some parking along this 11 side because his customers - - you know, this is 12 the main showroom . He has got service back here , 13 some detailing back in this corner, so most of his 14 customers are going to enter and park on this 07:25PM 15 northeast corner , and to have the - - we are 16 required to have two handicap spaces as close to 17 the entrance as possible , that left us with really 18 no parking up there . So he wanted to - - he would 19 have liked to keep all of the parking along this 07.2spti 20 edge but , you know - - you know, in discussions we 21 ended up turning those parking spaces into eight 22 parallel spaces and he will have that here for 23 overflow . He says on Saturdays he will have as 24 many as 20 cars in there at one time , you know, DepoCourt Reporting Service (630) 983-0030 15 I customers . So we have plenty of parking at this 2 point for him to have his cars on display out 3 front , some in the showroom, a few over here in 4 storage , and still have parking for customers . 07:26PM 5 The sanitary is actually located 6 behind the strip center here to the west . An 7 easement already exists , a utility easement 8 already exists , to our property, so we can take 9 the waste that now goes into the septic field into 07:26PM 10 the northwest section here , route that through, 11 and put it into a lift station and pump it into 12 that sewer . Detention, once this building is 14 here we are proposing to put stormwater back here . 0?:26PM 15 It is k:.nd of a low area and route it through this 16 storm sewer that currently exists along that west 17 side . That ' s about it . 18 CHAIRMAN LUCIETTO : Does anybody have 19 any questions? 07.26PM 20 MR . JONES : Dan, you have a concept plan 21 of what you think it might look like or what you 22 are thinking it m gh : look like? 23 MR . KOZIOL : Not yet . Dan? 24 MR . KRAMER : They have done mechanical DepoCourt Reporting Service (630) 983 -0030 16 1 drawings as far as it but not a , you know, nice 2 color drawing . 3 MR . TOSHAK : Are they going -- - 4 CHAIRMAN LUCIETTO : Name? 07:27PM 5 MR . TOSHAK : Andrew Toshak, 1025 and 6 1015 McHugh, so we share the back of the lot line 7 with this development and then we have footage on 8 McHugh . Is - - the second building , is there like 9 going to be a two- story building or one-story 7:27PM 10 building? 11 MR . KRAMER : Actually, with the second 12 one they are going to have to come back with the 13 PUD ordinance and show all the elevations . They 14 don ' t have a particular plan on that yet , but , 07 27P 15 again , we did want to show that eventually they 1 16 would get rI—1-d of those apartments and they 17 would - - looks like the footprint could be 18 two- story, -we just don ' t know yet . 19 MR . JONES : Would the lift station be up 07:28PM 20 to city standards , be privately maintained though? 21 MR . KRAMER : Well , it definitely would 22 be city standards , but at least judging from the 23 past , we don ' t think the governmental agencies 24 want to take a small station like that so, you are DepoCourt Reporting Service (630) 983 -0030 17 1 right , it would be privately owned, privately 2 maintained . 3 CHAIRMAN LUCIETTO : I entertain a motion 4 to close the public hearing . C7:28PM 5 MR . JONES : I ' ll make that motion . 6 CHAIRMAN LUCIETTO : Thank you . Second? 7 MS . ADAMS : Second . 8 CHAIRMAN LUCIETTO : All in favor , aye? 9 (Chorus of ayes . ) 10 CHAIRMAN LUCIETTO : Not in favor, nay? 11 (No response . ) 12 CHAIRMAN LUCIETTO : Public hearing is 13 closed . 14 (Whereupon a portion of the 15 hearing was had but not 16 herein transcribed . ) 17 - -- - 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 18 I 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 the proceedings had at the 6 hearing of the above-entitled cause and that the 7 foregoing Report of Proceedings , Pages 3 through 8 17 , inclusive , is a true , correct , and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid . 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof , signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 DepoCourt Reporting Service (630) 983--0030 19 1 In testimony whereof , I have 2 hereunto set my hand this 1st day of October , 3 A . D . , 2008 . 4 5 6 Ly ette J . Neal 7 CSR No . 084 - 004363 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 annex[+I-12 12 care Ill-12 19 1413,14,15 13.22 '82111 10:21 annexation(i I- 10:24 cars[sl-4:22, 12:6, correct[11-18:8 eastbound I+I-6.23 annexed[1F- 18:17 14:6, 14:24, 15:2 council 141-4:13, easy Ill-13:20 1 O I answer It]-13:2 caused[+l-6:8 1 4:17,4:24,5:9 edge 121-13:16, 14.20 apartments 151- center 13]-4:4, 11:22, council's Ill-13:7 effect 11:-11.17 084-004363 111 19:7 10:10, 10:15, 11.14, 1 15:6 counsel[2]- 18:12 eight ill- 14:21 11:20, 16:16 certificate Ill-18:17 COUNTY[11-18:2 either Ill-11:11 apologize Ill-3:22 certified[11-18:19 course Ill-4:7 ! elevations[11-16:13 appearing lsl- 12-2 Certified 111-18:3 cracks ill- 10:20 j eliminating 111-5:20 1015111 16:6 applies Ill- 18:17 certify 131-18:4, Crouch ill- 12:1 end 14]-4:12,5:9, 10251+1 16:5 appropriate 111-4:23 1811, 18:16 CSR I+]- 19:7 14:3 1107A 111-9:20 area 151-12:7, 13:19, Chairman 111-2:2 customers 141- 14:11, ended 111-14:21 17111 18:8 14:1, 14.8, 1515 CHAIRMAN 1231-3:4, 14:14, 15:1, 15:4 engineer[2l-11:3, 1sl[11-19:2 as-is 111- 12:119 3:11,3:14,3:17, I 13:12 Associates 131-3:6, 3:20,5:23,6:3,8:10, p enter[21-5:12, 14:14 D-856408 111-1.22 2 3:18,4:1 8:16,8:21,8:24,9:2, entertain 131-3:7, assume 111-18:19 9:10,9:15,9:17, Dan[4 9:5,13:9, E 8:17. 17:3 20 8[ 1-1 1 attIreIt:-3.23 13:8, 15:18,16:4, l enlicelil-11:9 2008[zI- 1 12, 19:3 15:20, 15:23 I attorney 1+1-9:22 17:3,17:6,17:8, dance 1 6:16 entire[1]-14:5 2008-1 B 11]-3:6 attractive Ill- 10:17 17:10,17:12 Ill- entitled I+1- 18:6 2008-1911)-9.11 I Aub 1 1D:5 chan e[+ 14:2 Daniel Ill-9:20 rY Ill g 1 entrance 151-7:17, 24[+I 14:6 � date 11;-10:15 audience111-5:24 changes 111-13:6 7.19,8:8,8:13, 24-by-72111- 14:3 { AUDIENCE 111-3:22 Chicago Ill-12:7 Dawn re-1- 14:17 29,000 X11-4:3 daycare Iz]-617, 8:3 aware , 6:11 children 111- 12:2 dealing[1]-4;20 , I I- equipment 121-10:6, awful Ili- 12:23 Chorus 141-3:13, 10.14 definitely 111-16:21 3 awkward It]-10:7 8:23,8:16, 17:9 Eric 1111-4:14 ' 3 1 - 18:7 aye 4 -3:12,8:22, CITY[11-1:1 detailing 11l-14:13 Ili Y [ I especially 121-6:20, 34[31-6:21,7:18, 9:15, 17:8 city 121-16:20,16:22 details 111 11:16 Detention 111-15:13 8.2 10:5 ayes 141-3:13,8:23, City 181-1:11,6:10, detriment Ill-12:10 European[11-9:24 39[1:-10:23 9:16, 17:9 10:18,1 development Ill-1:17, 11:21, evening[21-9:19, I 12:4, 12:9,12.10 CLARENCE 1 2:g 16:7 13.11 6 B 11- Dhusel+]-4:14 eventually[11- 16-15 Clayton 111-3:24 exists 131-15:7, 15:8, 6491+1-6:5 hased[2l-12:21, 13:6 closelal-6;18, 11:8, Dickl2l-10:5,11:1 15:16 Based Ili-4:22 14:16, 17: difference Itl-13:14 Bateman 11 10:21 exits[11-8:9 7 ]- closed t -17:13 different[11-10:3 Ill expert 1+1-12:21 7:00111- 1:12 behind 111-4:4,7:11, difficulty[11-11:2 co Ill-9:23 eyesore + 10:8,15:6 direction. ; 18:21 � Y I ]• 13:1 co-petitioners 111- 8 best it)-11:21 9:23 discussions[11- between 111- 13:14 14:20 F 8001+1-1:13 coffee 11]-4;211 big 121-11:13,14:7 color[+l-16:2 display[21- 13.19, far 13]-7:9, 12:8, 16:1 bit Ill-9:5 comfortable[+I-4:17 15:2 Farm[11-1:13 A bizarre,-,• 7:24 coming 118]-5:19, district]1I- 11:16 Farmstead 131-6:24, A.D 19.3 Blackstone[3]-4:4, 5:21,5:22,7:5,7:15 do-not-enterll]-5:12 7:14,7:20 able 11:9 6:7,8:14 comments 151-4:15, done 121- 12:23, favor[al-3:12,3:14, abov"ntitled I11- boatload 11]- 12:5 15:24 5:8,5:24,8:17 8:21,8:24,9:15, � 18:6 Bob[11-10:21 commercial 117 10:7 down 151-5:17,6:12, 9:17, 117:8,17:10 access 1sl-6:20, brand[11- 12:18 10:14, 11:20,12:24 feet[31-7:3, 13:18, 6-21,7:1,7:12,7:13 brand-new Ill-12:18 COMMISSION[21- 1:5 3:1D drawing I41-13:13, 114:7 accuracy lit- 18:20 BRIAN[1;-2:3 Commission 13:15, 16:2 1 few 121-5:20, 15:3 action 121-9:6 Bridge Ill-9.21 1:10 drawings[1)-16:1 field It]- 15:9 ADAMS 131-2:7,8.19, bring 121- 11:1, 12:3 Company 121 9: 1, Drive 121-6:6,7:6 firm Ill- 12;21 17:7 brought[3]-5:9, 9:24 drive 161-4:2,4:9, first 12]-9:5,9:6 company 111-1 D:6 add 11l-10:16 10:22, 11:1 4:11,5:18,6:15, FITZGERALD[41- 8 addition[61-10:18, building Its]-4:5, complete Ill-18:8 7:22 6:2,6:5,7:8,8:12 i 12:22,14:1, 14:2, 5:10,5:11,5:14, drive-through[61 Fitzgerald 111-6:5 14:3.14:4 5:17,10:8, 10:9, complex it]-7:14 4:2,4:9,4:11,5:18, five[11-13:17 � address[3]-4:18, 10:14, 10:17, 12:24, concept[11-15:20 6:15,7:22 folks 1111- 10:1 6:4,9:20 1 14:4, 14:5, 115:13, concerns 121-4:18,6:6 driven I11-12:14 foot[21-4:3, 14:3 addressed[11-5:17 16:8, 16:9, 16:10 confused 111-8:8 driving(21-7:10,10:4 1 footage[1l- 16:7 aforesaid 111- 1 B-10 building's 111)- 12:16 DU 111-18:2 footprint[+l- 16:17 constant 111-7:21 afternoon[1l-8:3 business[3]- 10:2, consulting(111-13:12 during[21-8:2 foregoing Ill- 18:7 agencies 111- 16:23 12:6,12:8 fourth-4:22 control[11-18:21 i ahead 1+] 13:9 copies 141-5.2,5:5, E front 141- 12:2, 13:1 Andrew ii-16:5 C 18:18, 18:21 easement 12)-15:7 13:20, 15:3 ANNE I+]-2:2 1 C.S.R 111- 1:13 corner 141-5:15,5:17, east[41-4:12,5:19, full It]-6:21 DepoCourt Reporting Service (630) 983-0030 future Ill- 10 15 1 K Marker 141-3:6,3:18, nobody 111-7:17 permitll]-4:6 3:24,4:1 northeastl+]- 14:15 perpendicular Ill- G keepl2]- 14:10, 14:19 MARKER 141.3:19, northwest[1]-15:10 1 5:19 2 Game(,]- 1:13 kind 171-5:19, 101. 5:7 6:19 8:13 notes 111-18:9 petitioners 111-9:23 , 10:19, 12:6, 12:9, gateway(1]-10:18 MARLYS[11-2:9 notion 111-3:5 pickup[11-8:2 9 Y 13:1,15:15 mayor(11-10:21 number[+]-4:14 pace[+]-18:10 government 16,23 al[1] knock 121- 10:14,11:20 McHugh 141-6:23, PLAN It)-1:5 ' granted Ill--7:19 knocked[z]-6:11, 7:18,16:6, 16:8 0 plan 1+21-4:13,4:16, 1+] 4:6 mean 131-7:9,B:4, 4:24,5:1,5:2,5:9, grappled 12:24 October(+]-"19:2 13:7 10:13, 10:16, 13:6, great lit- 12.8 knowing[11-7:23 mechanical(1 - OF 151- 1:1, 1:4, 1:9, 13:7. 15:20. 16:14 ground 111-11,7 knows 111-7:17 18:1,18:2 guys Ill- 10:22 KOZIOL 12]- 13:11. media office hl- 10:17 Plan 111- n i0 median[1l-6:10 playground[21-10:6, 15:23 old(3]-10:10, 10:11, MEETING h]-1:4 10:9 H Koziol 131-11:3, 13:5, 10:14 I meeting(+)-1:10 plenty +I 15:1 hand 121- 18,19, 19:2 13:12 once Ill-15:13 handicap[11-14:16 KRAMER 141-9:19, MEMBER[21-3:10, one[1s]-4:6,5:B, Point 141-4:16, 11:21, I 3:22 13:15, 15:2 hang[11-9:5 15:24, 16:11, 16:21 menulorder(1]-5:16 5:11,5:22,8:16,9:6, happy[+3- 13:2 Kramer[+]-9:20 10:24, 11:23, 11:24, points 111-6:20 meth]-4:13 12:3, 12:14, 12:20, Portion 131-3:1,9.7, Hartland 121-6:6,7:6 Michael 111-121 14:24, 16:9, 16:12 17:14 hear[1l-3:11 L might[21-15:21, one-story:9 6:1 Positive 11]-12:11 hearing[111-12,3:5, Land[2]-911,9:24 15:22 I open l21- [t)- 6:9 possible 111-14:17 318,8:18,9:3,9:8, land[11-10:1 MILLER(21-2:6,5:5 operate{1]: 10:2,9 potential[2]-7:6,7:9 9:12, 17:4, 17:12, lane(1]-5:18 morning hl-8:3 opted f1-4:7 practical 111-iiA5 17.15, 18:6 large lit-6.10 most(21-11:14, ordinance 13]-4:22, Practice 12]-3:24, hereby[1]-18:4 law 111-9:22 14'13 9:22 � herein 131-3:3,9:9, layout 111-11:4 motion[61-3:8,3:11, 12:13, 16:'13 PRESENT i1]-2:1 17:16 least + 16:22 i original[21-10:16, 11- 8:17,9:12,17:3, pretty I21-4:17, 13:20 hereto[11- 18 17 left[z]-5a3, 14:17 17:5 18:17 private[1]-13:23 Private[1]-11:17 hereunto 111- 19:2 lend 111-12:15 move]+l-9:3 ' privately[3]-16:20, HOLDIMAN(31-2:8, outcome I1]-18:15 I length i1]-11:5 moved 141-3:9,8:19, 17.1 3:9,9:13 overflow[11-14:23 licensed 11]-9:22 9:2,9:13 problem 11]- 14:9 hook Iz]- 11:9, 11:23 I own 11]-10:1 lift 131-i 1:18, 15:11, moving 111-9:10 owned 11)-17:1 proceedings(1l-18:5 hopefully[2t 5:1, 16:19 MR(261-2:3,2:4,2:5, PROCEEDINGS 111- 10:15 owner[31- 11:1, LINDBLOM[11-2:4 2:6,2:8,3:7,3:9, 1;9 hotel 1 10:11 13:19, 14:9 [ ]- line Ill- 16:6 3:19,5:5,5:7,6:19, owners[1l-11:10 Proceedings 11]- hour Ill-1:12 Ill[1]-8:14 8:13,8:20,9:13, 18:7 hours 111-8:4 literally 111-11:7 9:14,9:19,1311, P product[1]-12:4 live 131-3:21,7:3,8:1 15:20, 15:23, 15:24, project 111-13:13 LLC 111-10:2 16:3,16:5,16:11, p.m i+]-1:12 promise[1]- 12:20 ILLINOIS[21-1:1, located 131-5:1,5;15, 1619,16:21, 17:5 packet I1]-13:14 proper(1]-4:19 18:1 15:5 MS[91-2:2,2:7,2:9, Packets]+I-5:4 property 161-4:12, Illinois[31- 1:14,9:21, logistics I+]- 14:6 6:2,6:5,7:8,8:12, PAGE(11- 18:2 6:22, 10:3, 10:19, 9.23 look(3]- 12:22, 15:21, 8:19, 17:7 Pages(11-18:7 12.12, 15:8 Imports 11)-9:24 15:22 -- parallel 111-14:22 proposed[i I-14:1 I inclusive 111-18.B looking 111-14:5 N parcel 111- 12:19 : proposing[11- 15a4 increase 131-6:16, looks[11-16:17 Name 111-16A parcels ill-10:23 Public 111-17:12 7:23 loving I1]- 12:19 name[s]-3:21,3:24, park i1]-14:14 public(71-3:5,3:17, increased 11]-6:18 low 111- 15:15 6:3,9,19,10:3 parking(91-5:21, 8:18,9:3,9:12, 13:3, informal 111-3:23 LUCIETTO 124]-2:2, nay[41-3:15,8:24, 13:16, 13:24,14:10, 17:4 interested ill- 18:15 34,3:11,3:14,3:17, 9:17,17:10 14:18, 14:19,14:21, PUD121-12:13, 16.13 intersection 111- 3:20,5:23,6:3,8:10, Neal[3]-1:13, 18:3, 15:1. 15'4 pump 131-11:12, 10:23 8.16,8:21,8:24,9:2, 19:6 particular111-16:14 15:11 inwards 111- 10.7 9:10,9:15,9:17, near[1)- 12:16 particularly 111.11:13 put[31-8:14, 15.11, ' issue[21-7:9,7:15 13:8, 15:18, 16:4, need 111-4:22 parties 12]-18:13, 15:14 itself Ill- 12:15 17:3,17:6, 17:8, needed Ill-4:9 18:14 putting(1]-7:22 17:10, 17:12 needs 11]-12:18 parts(1)-12:8 Lynette 131-1:12, past[11-16:23 never(3]-10:24, 11:1, Q 18:3,19:6 11:8 pattern 121-5:20,8:1 JACK{1]-2:5 patterns 131-4:19, questions[51-5:24, Jim 131- 11:3,'13:4, M new 141-5:1,5:2, 8:11, 13:3. 13:9, 11:22,12:18 6:7,6:14,6:16,8:5 13:11 PC(21-3:6,9:11 15:19 JONES[4]-2:5, main 13]-6-22, 10:8, nice[31- 10:17, 11:24, 15:20, 16:19, 17:5 14:12 16:1 people[121-4:16,6:8, R judging Ill-16:22 maintained 121- nicer Ill-12:23 6:12,6:22,6:24, 16:20, 17:2 night[11-8:15 7:16,7:18,7:23,8:1, real 12]-7:6,11:2 maneuvers+l- 14.7 no-[eft-turn r11-5:13 8:7,8:8, 12:7 realize 111-7:13 DepoCourt Reporting Service ( 630) 983-0030 really[5]-11:24, septic 121- 11:19, 15:9 stop[11-7:11 under 141-10:2, 13:22, 14:71 14.10, service Ill- 14:12 storage 111- 15:4 12:13, 18:19,18.21 1417 services 11]-12:10 storm 11l-15:16 UNITED 111- 1:1 3 rear 1+1-514 set 111-19:2 stormwater[il-15:14 United[+]-1:11 recommendation i?i- setback 1+l- 13:18 story 131-16:9, 16.18 up 171-5:9, 11:7, 12:12, 13:7 setbacks 111- 12:17 straight 12)-3:23, 12:16, 14:4, 14:18, record 121-6:4, 11:3 setting it]- 10:6 12:15 ` 14:21, 16.19 reduced 121-5:2,5:7 sewer[31- 11:5, Street hl-9:21 Urness 121-9.11,9.24 related[21- 18:12, 15:12, 95:16 street I+1- 12:16 user I+1-11 13 18:13 sewers 111-11.5 strip 131-4:4,11:22, utilities I+]-11:21 remember:ll- 10.4 share 11- 16:6 15:6 utility[t1-15:7 remodel k1]-12:22 shop[11-4:21 ! subdivision 151-6:9, removed[+]- 13:16 Shorthand Ill-18:4 6:18,7:2,7:10, W removing I+1-13:24 shorthand 121- 18:5, 12:18 waste[21-11:13, 15:9 reopen Ill-3:5 18:9 submitted I+1-4:2 watch 111-8:1 report It- 13:10 a showlz]-16.13, 11 sudden 11]-7: I water[21-11:13, , REPORT 111-1:9 16:15 suit 121-18:13, 18:14 11:23 Report 18:7 showed Ill-10:16 suppose[+l-9:3 Water[11-11:21 reported 1+1-18:5 i showroom[3]- 14:6, swear 111-6:1 weekends[+1-8:3 Reporter[11- 18:4 14:12, 15:3 system Is]- 11:19 west 161-11 6, 11:12, represent[11-9:23 side 1111-4:13,5:11, representing 111-4:1 5:i6,5:19, 10:5, T ! 11:22, 13:16, 15:6, reproduced 111- 11:6, 13:18, 13:22, 15:16 tax[+[-12.5 whereof 111-19:1 18:20 13:24, 14:11, 15:17 1 request[1]-4:11 1 sign[31-5:16,6:11, tenant 1z1-4:8,4:20 whole 1+1-7:1 &13 tender ill-12:18 winlwin Ill-12:3 required 111-14:16 response 141-3:16, signage[1l-4:19 THE Ill-1:41-19:1 THE[11-1:4 Y 9:1,9:18. 17:11 signed Ill- 18.18 thereof[21-18:15, responsibility Ill- signs 131-5:12,5:13 years 131-10:4,10:20, 18:20 sit Ill-B:4 18:18 t 12:14 resubmitted 111-4:15 site 121.4:3,6:20 thinking[+I-15:22 YORKVILLE -1 1 retail 111-4:3 slid Ill- 10:19 thousand 11]-7:3 Yorkville 14]-110, revenuelll-12:8 small 121-11.91, three Ill-6:19 1:11,1:13,9;21 T Richard[z]-3:6,3:18 16:24 OM[1[-2:4 YOUNG Ill-2:9 rid 141-10:14, 11:14, smaller 121-10:9, tonight[21-11:3, 12:1 13:21,16:16 12:24 took ill-5:11 Z TOSHAK121-16:3, Road Ill-1:13 soccer 111-3:23 16:5 zone 11]-12:12 route[21. 15:10, solution l+[-19:15 Toshak I+]-16:5 zoning 111-12:15 15.15 South 111-9:20 traffic I+ol-4:19,5:20, Route 12]-6:21, 10:5 south 111- 10:5 6:7,6:13, E southeast 121-5:15, 7:4,7:21,7:24,8:5 S I 5:16 transcri bed 131-3:3, sad[1]-11,24 spaces[31- 14:16, 9:9 17:16 safe It]-8:6 14:21, 14:22 transcript 121-18:9, 121-4:23 spacing , sales 111-12:5 18:18 SANDRA[+1-2:7 5:10 Travis[1]-4;13 special[21-4:2,4:11 I sanitary 141- 11:5, TRAVIS Is]-2:6 1':9,11:16, 15:5 spot 111-5:22 tried 111-4:17 sat 10.22 spots I+1-5:21 true 11]-18:8 square[11-4:3 Saturdays[1l-14:23 � turn[z]-5:13,7:20 SCHILLINGER 141- squaring 111-14:4 turned[11-10:6 2:3,3:7;8:20,9:14 SS 111-18.1 turning 121-7:18, stacking 121-4:19, school 111_6:17 14:21 schools 111-12:3 4:21 turns 141-6:9,7:12, Ill-13:6 Second[51-3:10, staff 7:21 8:20,9.14, 17:6, standards 121- 16:20, two 131-14:16, 16:9, 17:7 16:22 16:18 -9:24 1 1 second[31-3:12, Star 1 two-story[2]- 16:9, I 16:8, 1611 start[1y-3:19 16:18 section[11-15:10 started[21-4:5, 10:11 type STATE[ 111-12:4 see 110]-5:3,5:6, , 5:13,5:i4,7:1,7:4, stale ill-9:22 U 7:5,7:8, 11:16, 14:2 State[21-3:20,6:3 ' sell ill-12:5 station 141- 11:18, I U-turns[4]-6:9,7:12, Septemberlll- 1:11 15:11, 16:19, 16:24 7:21 still I+]-15:4 I ultimate[+]- 10:13 DepoCourt Reporting Service ( 630) 983-0030 Memorandum To: Plan Commission EST 1838 From: Travis Mill er/Stephanie Boettcher M Annette Williams (for distribution) 0 Date: September 30, 2008 Subject: PC 2008—22 CVS Pharmacy (Special Use,Drive Thru) Backg round: The subject property is Lot 5 of the Cobblestone Commons Subdivision. Staff Sumestions: • Through staff research the following shall be considered the criteria for stacking lanes: 6 er teller Type of p Number of Spaces Bank Coffee Shop 4 per window Dry Cleaner 3 ver window Restaurant 12 total(min-of 5 between order and pick up) L Other 5 per window • The stacking criteria for pharmacies shall be 5 spaces per window following the requirements of an"other"use_ Given the stacking exhibit,in which 3 spaces are provided per window for a total of 6 spaces,the subject property would be considered in conformance with the aforementioned requirements, as over 5 stacking spaces are provided total. • Staff requests a striping and signage plan related to the drive-thru be submitted for review. o Signage potentially applicable to the subject property,which is exempt from the regulations of the Sign Ordinance include: -C. Signs four(4) square feet or less in area and five(5) feet in height or less on private property regulating on-premise traffic and parking. I. Menu-boards accessory to a restaurant drive-up window facility provided such signs are thirty-six(36)square feet or less in area." Title 8-Chapter 11- Section 5 • The criteria for consideration for a special use permit are listed on the following page. SRecill Use Standards (10-14-6 of Zoning Ordinance) F. Standards:No special use shah be recommended by the Plan Commission unless said Commission shall find that: I.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) w#!*t#Ira# i t!t+ 1�f�• i*##$4a►a ♦ ♦#` #•,#;,r+,+►#++..'.*+ +r♦.♦++++i�+�♦rani • *+#eta#*# 1+'t'1♦+. ti♦ Legend Zoning .*s..• +s•. r+t+ + 4ii on • . !*r;i s'i;!*#i#*e###i irtiti!a♦iti+*N++ ,1+*.++*yt*tai*t#+#+* �'+`+�.�4++at++♦+i♦ !s*saw 0 4 ***!**1 +Fit+�+a+t+a+«♦♦♦'t♦�1* Ong FMI RdsldfiftM r ., r*#***1a iirt�aa~4if,lita�+t♦< }1f+ a a►ae** �'a#. titialt l+l� **##*s+s*.s*4*�r*r*•a iiii��ii1+i*11a1 + • J•: **!*r**#•+s**6 4 I #i'1"**::w:*.*•"s`►t+fti; fit+�4a i..+ fir* i�� +*a r o s itttta#��.�i?t11?iat I *may#+* **+ #i♦ititiiii=' *#* p*t#*+ * 4 .+.++.i*« «tea♦+l�t�t ♦*a 4000*0i���a'.ti♦.♦r+.'., # #*att*la1t1 ♦i11i♦a++.s r**• i#* ** i a•.. i1 +� s**+1 ` ** F' •°*##*t!���tip 1t1t1i1�i♦1�* #t�T►'.'it Ap 1.1 i•ta C-11IN!if 1'.i♦+►* *•* +*#*+►*:�-i#. �.;-fir°.r, .. _ +i1i'r ►'i1'itai*s*#+***ti *** eas#*#*trs t*t +rat lltlr ** ir*is*we'll i*4 t*s**#ads*s•�**i** *r►t!! iT#a��+�J�t+tt��#+ a*i*,*w*f*a�'**#**!•*+****�+** Piano #.r*r*1*i**i�!#•�#***#+ �t+1+♦'+i.� • ,;,r �.rt�� sars ** *i* #!*e*x+t•� �1'tt!i�*�h+t+art ,��1•*,�'*��,�;;'r F.,:•..�9#fir***o�+*�+l**�Y:**a**�##**�'• it rt►Jll�*t ftlf*ice*1��a# +ir**•ap#*t4*o,�•!#s 474 0 41, t!*♦*♦+art++♦�11+Ttr*+1**#►***+�!#i �ilthti�+� ++ii♦�1�'t�i ri itl� '. 111t 11i`i, 1l11� fills, ► Application for Special Use CVS Pharmacy 1 United City of Yorkville, Illinois Peter C.Sams aradley T.freeman Robert S.Kramer Mark Schuster Gary M.Vanek Andrew E.Kolb Scott P.Larson Michelle Masoncup 6aios,Freeman, Kramer,Schuster,Vanek 5r Kolb Attorneys at Law Peter C.Bazos September 12, 2008 Bradley Robert T.ramean Mark Schuster VIA HAND DELIVERY Gary M.V Andrew E..Kolb Travis Miller Community Mich Development Director P.Larson p Michelle Masoncup United City of Yorkville Writer's e-mail: 800 Game Farm Road Yorkville, Illinois 60560 Re: Application for Special Use--CVS Pharmacy/United City of Yorkville,Illinois Dear Travis: Enclosed please find all requisite submission materials relevant to the application of G.B. Illinois 2, LLC, an Indiana limited liability company(CVS Pharmacy) for a special use for a drive-through facility. As you know,the applicant proposes a CVS Pharmacy to be located at the southeast corner of Route 34 and Eldemain Road in the United City of Yorkville, Illinois, The following is a binder of application materials organized in the following manner: TAB DESCRIPTION OF DEVELOPMENT SUBMITTAL 1 Letter of Introduction 2 United City of Yorkville Application for Special Use 3 Rider to Application for Special Use 4 1 Owner's Consent 5 Disclosure of interest(statutory) 6 List of Adjoining Property Owners 7 Site Plan/ALTA Survey 8 Vehicle Stacking Exhibit At this time,please provide us with any preliminary staff comments you may have regarding our submission. We look forward to the upcoming public hearing on this matter. We will contact you shortly to confirm the appropriate deadlines regarding newspaper publication and notification to adjoining property owners. Please also confirm the date of the public hearing at your earliest convenience. As always,please do not hesitate to contact me with any questions or concerns. On behalf of CVS Pharmacy,we look forward to the opportunity to present our project to your community. Very truly yours, Andrew E. Kolb 1254 Larkin Avenge, Suite 140 - u9in, Illinois 60123 tel:847.742.8500 Fax:847.742,9777-wwwsbiklaw.com 43 CJ'W10 United City of Yorkville 800 Game Farm Road SST ,. �Was Yorkville, Illinois 60560 o� Telephone: 630-553-4350 r"����� Fax: 630-553-3436 PC# uC+SS - . APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: CVS Pharmacy Date of Submission: September 1, 2008 Requesting: 0 Annexation Q Zoning 0 Planned Unit Development )VSpecia[Use: To authorize a Special Use for a 11rive-Through Facility in the B3' - Service Bussiness Zonin classification in accordance with United 1. Name of Pe'tio er s ty of Y y i Ile r i n nce 2 p8-2 Address: 1250 Larkin Avenue. Suite x.Q Elgin. IL 60123 _ Phone Number: 847-742-8800 Fax Number: 847-742-9777 Email Address: akolb @sbfklaw.com Relationship of Petitioner(s)to subject property: j] Owner Weveloper a Contract Purchaser 2. Name of holder of legal title, if different from#1: Cobblestone South,] LLC an Illinois limited 1 iabi 1 i t; If legal title is held in a Land Trust,list the names of all holders of any beneficial interest company therein: 372 River Ridge Drive, Elgin- T11- 60123 3. a). (1). Street address and physical location of subject property: Southeast corner of Route 34 and Eldamain Road, Yorkville, Illinois. (ii). Zoning of surrounding parcels: North: B3 Service Business District South: General Residence East: R2 Duplex, two family Residance District West: Plano (oytside the United CjZy) b). Legal description of property; attach as Exhibit"A". (See Attached) c). Total Acreage: 2.33 acres d). Kendall County Parcel Number(s)of property: 02-30-100-015 Encompasses the entire Cobblestone Corners Development including h res that is e iusrr a on°ing assT��tloption. B3 Service Business District _ f). Zoning Classification Requested: B3 Service 8U5jnAss District United City or Yorkville Annexation,PUD,Zoning,Special Use Appliaaiian Revised: 7.15.2008 44 g). Is this property within City limits? x Yes No, requesting annexation 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". (See attached) 5. List all govemmentat entities or agencies required to receive notice under Illinois law: Property to the West is owned by the City of Plano, Illinois and thus, .-Plano must be given notice of the Public Hearing relevant to this application. 6. List the Illinois Business Tax Number(IBT#)for the State of Illinois and names of businesses located on subject property to be annexed: NIA; the property is not the subject of an Annexation 7. Does a flood plain exist on the subject property? A flood plane exists within PIN 02-30-100-015, however, no flood plane exists within the 2.33 acres that is the subject of this Petitia 8. 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: Atlorney: Name: Andrew E. Kolb Address: 1250 Larkin Avenue, Suite 100 Elgin,, IL 60123 Phone Number: 847-742-8800 Fax Number: 847-7429777 EmallAddress: akolb@sbfklaw.com _ Engineer: Name:Mirhael d Burns, V3 Companies of illinnis, Ltd_ Address: Phone Number: 630-729-6117 Fax Number: 630-724-9202 Email Address: mburns @v3co.com Land Planner: Name: Michael Haaning, Gershman Brown Crowley, Inc. _ Address: 1100 W. Northwest Highway, Suite 111 Mt. Prospect, IL 60056 Phone Number. 847-670-7910 Fax Number: _847-670-7916 Email Address: mhaaning@aershmanbrmmcrow ey.com United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 7.15.2008 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 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to"Petitioner Route, Step 1, Fees"andlor contact the Community Development Department for verification of this amount.) c. Concept or Preliminary Site Plan:40 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. i Date: 9/1/08 Petitioner(s)Signature: ( li legal property owners:signatures must appear on this application.) Andrew E. Kolb, attorney for applicant * property owners have executed Owner's Consent per the Rider to this Applic ation. Subscribed and swom to before me this a day of t200 A Notary Seal THIS APPLICATION MUST BE NOTARIZED. "OFFICIAL SEAL' Che ►r 1.Peneschi 'stagy tai United City of Yorkville Annexation,PUD,Zoning,Spccial We Application Revised: 7.15.2008 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 e. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees- 1.25% of the approved engineers 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'h 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: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official,Emergency Medical Representative, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Chief. 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 Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor,the City Attorney and City Land Planner. United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 7.15.2006 47 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. 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 0 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 publicatlon 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. Step 7: CityCoun_cil: The City Council meets the 2nd and 4th Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place, Agreement: I understand and accept all requirements, fees as outlined as well as any Incurred Adminlstrative 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, York 'Ile, III nois 60560. Date: 9-1-08 Signature of Petitioner United City or Yorkville Annexation,PUD,Zoning,Special Use Application Revised; 7,15.2008 RIDERTO APPLICATION FOR SPECIAL USE Applicant, G.B. ILLINOIS 2, LLC, an Indiana limited liability company ("Applicant") does hereby submit the following additional information in support of its Application for a Special Use for a Drive-Through Facility (the"Application")to which this Rider is attached. I. General Backeround. 1.1 The property that is the subject of this Application contains a total of approximately 2.33 acres and is legally described as on Exhibit A attached hereto (the"Subject Property"). 1.2 The Subject Property lies at the southeast corner of Route 34 and Eldamain Road in Yorkville,Illinois. 1.3 The underlying zoning classification of the Subject Property is B-3 Service Business District. 1.4 The Subject Property is under the ownership of Cobblestone South, LLC an Illinois limited liability company with its principal place of business at 372 River Ridge Drive, Elgin, IL 60123. The property is the subject of a Development Agreement entered into between Cobblestone South, LLC and the United City of Yorkville(the"Development Agreement"). 111.Request for Variances 2.1 Applicant proposes to develop the Subject Property with an approximate 13,225 square foot CVS Pharmacy building. The CVS Pharmacy will utilize a drive-through window offering(as authorized and permitted by the United City of Yorkville under the terms and conditions of the Development Agreement). The CVS Pharmacy will offer products,goods and services including but not limited to the following: a) The sale of pharmaceuticals; b) The sale of grocery products; c) The sale of health care and cosmetics products; d) The sale of alcoholic beverages as otherwise allowed under the United City of Yorkville's liquor ordinance, and subject to the procurement of a liquor license; e) The sale of cameras and camera supplies; f) The providing of film processing services; g) The sale of other products and the rendering of other services customarily sold or rendered in a full-service, modern drug store. 2,2 The Zoning Ordinance. Applicant requests a Special Use for a Drive-Through Facility. Pursuant to Section 10-7D-2 of the Zoning Ordinance of the United City of Yorkville, special uses within the B-3 Service Business District include all special uses within the B-2 District (and by reference all special uses within the B-1 and the O District). In accordance with Ordinance No. 2008-24 (the "Ordinance"), a"Drive-Through Facility" was added as a special use to Title 10, Chapter 7 Article 2 of the United City of Yorkville Code (i.e. within the 0 Business District). Therefore, because the special uses from the O district are incorporated within the B-3 Service Business District, the Ordinance Applies to the Subject Property and the Applicant's proposed drive-through facility requires a Special Use procedure. W AWQRK0621 MRider to Application for Special Use-vl.doc 1 2.3 Along with the filing of its Application, and in support thereof,the Applicant has submitted to the United City of Yorkville the following materials: TAB DESCRIPTION OF DEVELOPMENT SUBMITTAL 1 Letter of Introduction 2 United City of Yorkville Application for SpeGial U;e 3 Rider to Application for Special Use 4 Owner's Consent 5 Disclosure of interest(statutory) 6 List of Adjoining PET Sly Owners 7 Site Plan 1 ALTA Surve 8 Vehicle Stacking Exhibit III.Criteria In accordance with Section 10-14-6 of the Zoning Ordinance of the United City of Yorkville,the following standards apply to an Application for a Special Use (a) 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. Applicant Response: The proposed Drive-Through Facility will not be unreasonably detrimental to or endanger the public heath, safe,morals,comfort or general welfare. The proposed CVS Pharmacy Drive-Through will provide a tremendous convenience to the community allowing for patrons of the pharmacy to access prescriptions without having to depart their vehicle and enter the store. This convenience is particularly beneficial to the elderly or to those patrons traveling with small children,where departing the vehicle is not convenient or safe. Further,the drive-through facility provides an additional convenience during cold winter months where traversing a parking lot may be unsafe or uncomfortable. (b) 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. Applicant Response:The proposed drive-through facility will not injurious to surrounding property values in the immediate vicinity or within the neighborhood. The proposed CVS Pharmacy with the proposed drive-through facility will increase the number of patrons to the Cobblestone Comers commercial development as a whole thereby serving to increase property values and revenues generated therefrom, (c) 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. Applicant Response: The proposed drive-through facility will not impede the normal and orderly development of the surrounding businesses and will serve to attract new ancillary and competing businesses to the area. (d) Adequate utilities,access roads,drainage or other necessary facilities have been or are being provided. Applicant Response: Adequate utilities,access roads, drainage and other necessary facilities have been or are being provided. W:%WORK1362 MRider to Application for special Use•vLdoc 2 (e) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. Applicant Response: As depicted on Applicant's Site Plan,adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion on public streets. (f) 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). Applicant Response: The proposed drive-through facility is set forth within an Exhibit to the existing fully executed Development Agreement governing the Subject Property. Therefore,the Special Use has been contemplated already by the United City of Yorkville development staff. In all other respects,the drive-through facility conforms to the applicable regulations of the district in which it is located. i W:IWORK1362131Rider to Application for Special Use-v l.doc. 3 IV. Miscellaneous. Applicant requests that copies of all notices given to Applicant hereunder (or in connection with the actions requested to be taken herein)be sent to the following parties: GB Illinois 2,LLC c/o Gershman Brown Associates Attn: Eric Gershman 600 East 96"' Street, Suite 150 Indianapolis,Indiana 46240 Phone: 317-705-8769 Fax: 317-574-7336 with additional copy to: Andrew E.Kolb, Esq. Bazos,Freeman,Kramer, Schuster, Vanek&Kolb 1250 Larkin Avenue, Suite 100 Elgin, IL 60123 Phone: 847-742-8800 Fax: 847-742-9777 akolb@sblklaw.com W.NWORKU6213aider to Application for Special Use-vl.doc 4 EXHIBIT A LEGAL DESCRIPTION See attached Plat of Survey for legal description. MMORK'3621 MRidor to Application for Special Use-v i.doc 2 aep UV uc uo:uop i im i ynan fW 41n ubb7 p.[ OWNER'S CONSENT TO DEVELOPMENT APPLICATION To: The United City of Yorkville,Illinois Re: Development Application no. Applicant I Petitioner: G.B. Illinois 2, LLC Property:Real property located at the Southeast corner of Route 34 and Eldarnain Road in The United City of Yorkville,Illinois. The undersigned,acting on behalf of Cobblestone South,LLC,,an Illinois limited liability company ("Owner"), being the owner of record of the property which is the subject of the above-referenced Development Application("Subject Property"),hereby consents to the filing and processing of the said Development Application by the applicant, G. B.Illinois 2,L,LC{"Applicant") WI Dated: September , 2008 10 ;P;-- C bblestone Sou C an Illinois limited liability,company By QVmuments m d SadinpMm Tynan,Y0UR-XU5V4FR0KN1uFDocummtMda[aAppllcadon%rVedonceRequen- 1 v4%i dear Appl i ca d on forSpeci W Use-v!.doc State of Indiana ) County of Hamilton )ss. To: The United City of Yorkville, Illinois CERTIFICATION OF IDENTITY OF APPLICANT'S OFFICERS AND MEMBERS The undersigned,H.Spencer Knotts,Esq.,being first duly swom on oath, states that the following are the all of the managers and members of the Applicant, GB Illinois 2,LLC, an Indiana limited liability company: Names of Members Having Greater Than a 7.5% Interest G.B.FFS Developers 2,LLC,an Indiana limited liability company,being the 100%member of GB Illinois 2, LLC(the Applicant). Name of Manager Address of Telephone# of G.B.FFS Developers 2,LLC Mona er of Manager GBA-FFS Developers 2,Inc. 600 East 96'St.,Suite 150 317-5747333 an Indiana corporation Indianapolis, Indiana 46240 Dated this day of September ,2008 By: 11. en Knotts, q. Subscribed and sworn to `X`1��11rIIIIII1rr�p��i bpfore me of Sept bar,2008 S n ublic Y�i;/�r r±iii4i�� � C.NDocuments and Settingslsknctts.GBAII-0 cal SKUnOTemporary Intemet Files\0l K13BlRidcr to Application for Variance Request-v3(2).doc 1 [A true and correct copy of the List of Adjoining Property Owners within 500 feet of the subject property has been tendered to the United City of Yorkville under separate cover and is in the possession of the planning department of the United City of Yorkville.] rb r J_• _ rr w� r 1I,f/a HI y.`ry"y`'',s-l y ,r f� I I r j\ -��' ��T' ti•. 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I t l it` !YI � � 9 L' ® ® ,,,r •n; I.j 1 � ` i I I !.,,y i :�'•tip +_� , , ........ .......... .......................^............................................................ La it S ' ' % II S 1 73 5 sea lee 732b Jane■ Avenue Wocdrldre, IL aC) 630.724.0700 phone STACKING EXHIBIT OWT24.9202 lax WALE a 1'-6tr y www.v3ca.com F:19D0149711e 18718/.01+0 r�1.1n/�1Natn lFy h70 if�4i 71[_077x1 01 /an /laf7an/ 1 94146 Flt .,.1M/u,1E.d+6k*%Yrl(07186 01.dgn AMMOI 116;16 PM Memorandum To: Plan Commission esr _ 1836 From: Travis Miller and Stephanie Boettcher o� 1��,� CC: Annette Williams (for distribution) =� p Date: November b, 2008 Subject: PC 2008-23 Paravola (Special Use Request) LE Petitioner Request/Background- The petitioner is requesting a special use permit to allow for single-family apartments in a business building per Sections 10-7D-2 and 10-7B-8 of the Zoning Code. This special use request is in relation to the use of the property, not the structure of the building. There are currently 4 single-family apartments on the 2nd story of the building. The petitioner is requesting to add 2 additional single-family apartments on the 1S`story of the building in addition to the existing office space on the 1"story. Staff Comments and Recommendations • Two Zoning Ordinance variance requests will be necessary for the subject property in order to allow the special use requested and are scheduled to be reviewed by the Zoning Board of Appeals December 3, 2008: 1. Variance to Section 10-11-4A—the property does not provide 1 enclosed parking space per multi family dwelling unit which is a requirement of this section. 2. Variance to Section 10-7B-8C—the number of 2nd floor apartments on the property exceeds the number of apartments per business allowed in a business building per this section of the ordinance. Two apartments is the maximum number allowed based on only 1 business being located in the building. • The petitioner has indicated to staff that the residential use requested will be temporary until such time as business users can be identified for the structure or the property is redeveloped. Staff recommends a time period be determined to eliminate the special use and included as a condition of the special use approval. The length of the time frame should be considered and recommended by Plan Commission, however staff suggests a period of 3 years would be appropriate, stipulating that the owner shall not enter into a lease agreement allowing for residential use which extends beyond a date 3 years of the special use approval. • The property will be subject to the City's Landscape Ordinance standards for parkway landscaping given a special use request approval. The quantity of trees required for this property equal 2 parkway trees. (note that perimeter landscaping is not required due to the requested use being residential, parking lot landscaping is not required due to the lot being existing, and storm water basin landscaping requirements are not applicable.) Given the unique nature of the subject property, Staff understands it may be difficult to meet these requirements on the subject property. As an alternative, Staff recommends the petitioner provide off site landscaping to meet their onsite landscaping requirement at a location determined by the City for the 2 parkway trees. • The Land Title Survey dated 04-10-07 states, "The maximum height for any building is 80',there are no setback requirements." Both are incorrect statements. o Staff recommends this statement be stricken from the Land Title Survey. • The Land Title Survey dated 04-10-07 gives a property address of 119 Hydraulic Street, while the petitioner's application gives 125 W. Hydraulic. Yorkville GIS data gives an address of 119-125 Hydraulic for the subject property. It is recommended the petitioner amend their submitted documents to have a uniform address for the property. • The criteria for consideration for a special use permit are listed below: Special Use Standards 10-14-6 of Zoning Ordinance 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) Paravola Property Full House Ventures — 125 West Hydraulic Street �i Subject Prnpe4 i _ L I 55 �ti oc 4A It HJ YMi I mg , ar _r I - zze Counties Zoning(continued) zoning(continued) C3 [IR-1 -One Familiy Residence District U8-4-Business Distnct Roadsftghways [3111-2-One Family Residence District :611-1 -Limited Manufacturing Distrct �pCal ®R-2D-Duplex Two Family District WM-2-General Manufactuning District --Major County 22R-3-General Residence District Parcels(Courtesy of Kendall County GIS) —Minor county MR-4-General Residence District 0 ---Private [XPUD-PlannedUntDevelopment Parks Mate Qo-office District KCity —us nB-1 -Limited Business District CFarest Preserve Zoning ¢IB-2-General Business District aiHoover Educational Center ❑F-1 -Floodplain Distnct W56-3-Service Business District wrivate/H0.4 0a.-1-Agricultural District ■state r7JE-1 -Estate Residence District r I i TM r I' `� MAUL- of 4 a r, I !. t� M I Ah.f 46 �f n .• it 4X - W - a � . . . , . � _. . . � � � - § � . � _ c . _ . � ^ � . . � � . . � � . . . , � . . ._ . . � � � .. � . � , <� - \� . . � � -- � � \ � � � � , . �, . . . . � � . . _. . \ . _ _ � � ® - ^ �� � � ' . ,_ � � � � � �� . =_�- � � r _ .a _ . . .� � � �� y . � . . . , . - _ . , . � . � �_ ,_ . ` � . . � , _ � _ � . > - _ �� 7�.},� �� � . ��-© C ., x--§ _. . - . : » ��j� ��©� � ' � . . . � ��`. �� ■ \ z . � � ` - - � � � �, .- m 2<< _ ^ ' . � � a. � ` , }� \ � - . \� �2�J � � r. ti i ii i • a- x r °i j' 4-i , { * a X � • 1 a No lok ► • "Pht w vv mum 3 1 - � Y 1. -j 43 United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-5534350 o Fax: 630-553-3436 PC# APPLICATION&PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: Date of Submission: q ?L5--Oy Requesting: 0 Annexation D Zoning 0 Planned Unit Development Special Use: 1. Name of Petitioner(s): 3'a V%,v-� Z"a-c o-u a` CA, Address: L w� w�„s < < Q S W [_ 0 S-,(, Phone Number: 0 0 -YS3-1F5 a-> Fax Number. _ (03 0 a 3 Email Address: sVyl[o 15 . Gd rij Relationship of Petitioner(s)to subject property: 1 Owner 0 Developer 0 Contract Purchaser 2. Name of holder of legal title, if different from#1: QQ "-6 V-- _ If legal title is held In a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). (i). Street address and physical location cf subject property: [ y0V-LU �lL2 � (ii). Zoning of surrounding parcels: [[ North: _3 &CV-JLCcc { t��E { t�`�., — -` �r�w`t Y.e3z4g-u, South: East: - West: b). Legal description of property;attach as Exhibit°A'. c). Total Acreage: d). Kendall County Parcel Number(s)of property: Q ' a-71 - 0 0 �- e). Current Zoning Classification: 3 f). Zoning Classification Requested: S C- United City ofYorkvWc Anneeetion,PM,Zoning.Special Use Application Revised: 7.15.2608 44 g}. Is this property within City limits? Yes No, requesting annexation 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 8130. 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number(IBT#)for the Stap of Illinois and names of businesses located on subject property to be annexed: WIA- 7. Does a flood plain exist on the subject property? 0 8. Do Electors reside on the subject property? �_ 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: Attorney: Name: Address: Phone Number: Fax Number: Email Address: Engineer: Name: Address: Phone Number: Fax Number. Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: United City of YorkvWc Annexation,PUD,Zonis&Special Use AppHemon Revised: 7.152008 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 40 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:40 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 petitioners)have submitted this application under oath and verfiy 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: l 'aC5'og Petition ) n egal property owners'signatures must appear on this application.) Subscribed and sworn to before me this �� —day of 200L`_ Notary Seal JAL R CU�SFAL' THIS APPLICATION MUST BE NOTARIZED. C,STA�ILLINolo EXPIRES OMM., Unitad City of YorkvMc Amexation,PUD,Zonin&SpwW Use Applicefioa Revisak 7.15-2008 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 ages 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 106 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 2"d 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: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Representative, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Chief, 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. Stepp 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hail. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. United City of Yorkville Amexatioq PUD,Zoning,Special Use Applica6 m Revised: 7.15.2008 47 A public gearing 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 50Q ft.of the subject property no less than frfteen 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. Step 5 -Economic Development Committee: The Economic Development Committee meets the 1 st 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: Ci Council: A public hearing is required for annexation or PUD agreements. The City Council meets the 2 ncf 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 ievelopment 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. Step 7: 9ft Council: The City Council meets the 2ntl and 4th Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. 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 e C mun' evelo ment Department, United City of Yorkville, 800 Game Farm Road, Yorkville inoi 056 Date: ignature of Petitioner United City of Yorkville AmmratiM PUD,ZMUI&SPCcial use Application Reviead: 7.15..2008 Legal for Paravola PC 2008-23 THAT PART OF LOT 4 IN BLOCK 7 AND PART OF VACATED MAIN STREET (FORMERLY PART OF LOT 5 IN SAID BLOCK 7) ALL IN BLACK'S ADDITION TO VILLAGE OF YORKVILLE. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4: THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 4.90 FEET;THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT 4.70 FEET:THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 4 AND SAID LINE EXTENDED 95.3 FEET; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT 4,70 FEET TO THE SOUTHERLY LINE EXTENDED OF SAID LOT 4;THENCE EASTERLY ALONG SAID EXTENDED SOUTHERLY LINE 5.3 FEET TO THE POINT OF BEGINNING, IN THE VILLAGE OF YORKVILLE,KENDALL COUNTY, ILLINOIS, Parcel Two: THAT PART OF LOT 4 IN BLOCK 7 OF BLACK'S ADDITION TO THE VILLAGE OF YORKVILLE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 4,90 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID LOT 4;THENCE EASTERLY ALONG SAID SOUTHERLY LINE 38 FEET;THENCE NORTHERLY AT RIGHT ANGLES TO SAID SOUTHERLY LINE. 26 FEET:THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 4.TO A LINE DRAWN NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT 4.FROM THE POINT OF BEGINNING.THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING. IN THE VILLAGE OF YORKVILLE, KENDALL COUNTY. ILLINOIS. SAID PARCEL CONTAINING 0.175 ACRES(7,635 SQUARE FEET),MORE OR LESS. Exhibit "B" 05-38-281 • 001 Bonnie Freeman 308 Hydraulic St. Yorkville, IL. 60560 • 002 Bryan&Karolyn Maier 201 State St. South Yorkville,IL. 60560 • 003 Harold&Mary Hoover 203 State St. Yorkville,IL. 60560 • 006 David Schmelzke 207 State St. South Yorkville, IL 60560 • 007 Daren Baughman 307 Van Emmon Rd. West Yorkville,IL 60560 05-38-278 • 011 United City of Yorkville 800 Game Farm Rd. Yorkville,IL. 60560 • 012 United City of Yorkville 800 Game Farm Rd. Yorkville,IL. 60560 • 004 Yorkville/Bristol San Dist. 304 River St. Yorkville,IL. 60560 • 005 Daniel Jirus 13340 Hale St. Plano,IL 60545 • 009 Daniel Jirus 13340 Hale St. Plano,IL. 60545 • 010 Richard&Teresa Groesch 8433 High Point Rd.West Yorkville,IL 60560 • 007 United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 • 008 Bridge Street Plaza 100 Bridge St.Plaza Yorkville,IL. 60560 05-38-277 • 001 United City of Yorkville 800 Game Farm Rd. Yorkville,IL. 60560 05-38-282 • 001 James Scott Po Box 70 Yorkville,IL. 60560 • 005 Robert&Debra Dearborn 213 Bridge St. Yorkville, IL. 60560 • 006 Robert Dearborn 213 Bridge St. Yorkville, IL. 60560 • 004 Debra L. Living Trust 607 Greenfield Turn Yorkville,IL. 60560 • 003 Dan-el&Cynthia Bush 207 Van Emmon Rd. West Yorkville,11. 60560 05-38-286 • 001 Susan Bets 208 Van Emmon Rd. West Yorkville, IL. 60560 • 002 Shirley Briggs 204 Van Emmon Rd. West Yorkville,IL. 60560 • 003 Nathalie&David Moyer 2033 Ingmusson Lane Yorkville,IL 60560 05-38-279 • 001 Bridge Street Plaza 100 Bridge Street Yorkville IL 60560 Exhibit "B" Continued 05-38-279 • 003 Bridge Street Plaza 100 Bridge Street Yorkville IL 60560 • 004 Bridge Street Plaza 100 Bridge Street Yorkville IL 60560 • 005 Bridge Street Plaza 100 Bridge Street Yorkville IL 60560 • 006 Bridge Street Plaza 100 Bridge Street Yorkville IL 60560 • 007 Bridge Street Plaza 100 Bridge Street Yorkville IL 60560 • 008 Bridge Street Plaza 100 Bridge Street Yorkville IL 60560 05-38-283 • 001 II Bell Telephone Co. One SBC Center 36-M-01 St.Louis M.O. 63101 • 002 Janet Groner 117 Van Emmon Rd.West Yorkville IL 60560 • 003 Union Bank c/o Gary Cervelli 893 Bonnie Brae Lane Bolingbrook IL 60440 • 004 Union Bank c/o Gary Cervelli 893 Bonnie Brae Lane Bolingbrook IL 60440 • 005 G.R.W.Properties 209 Bridge Street Yorkville IL 60560 • 006 Robert& Debra Dearborn 213 Bridge Street Yorkville IL 60560 • 007 Robert Dearborn 607 Greenfield Turn Yorkville IL 60560 • 010 Robert Dearborn 607 Greenfield Turn Yorkville IL 60560 • 01 l Old 2"d?National Bank 37 N. River St. South Aurora IL 60506 • 012 Old 2"d National Bank Horton Family Part LP 807 1/2 N.Bridge St. Yorkville IL 60560 • 013 Robert Jr. &Debra Dearborn 213 Bridge St. Yorkville IL 60560 • 009 United City of the Village of Yorkville 800 Game Farm Rd. Yorkville IL 60560 05-38-287 • 004 Jefferson Properties LTD C/o Muellner Construction 301 Bridge St. Yorkville IL 60560 • 006 Jefferson Properties LTD C/o Muellner Construction 301 Bridge St/ Yorkville IL 60560 • 005 James Olson 107 Madison St.West Yorkville IL 60560 • 001 Kendall County 111 Fox Street West Yorkville IL 60560 • 002 Wayne& Betty Larson 112 Van Emmon St. Yorkville IL 60560 • 003 Dallas Ingmunson 226 Bridge Street Aurora IL 60560 05-39-153 • 011 United City of the Village of Yorkville 800 Game Farm Rd. Yorkville IL 60560 • 013 United Village of Yorkville 800 Game Farm Rd Yorkville 11 60560 • 003 Robert& Lucinda Davidson 244 Jeter Rd. Plano IL 60545 • 004 David Sr. Greiter Living Trust 121 E. Hydraulic St Yorkville IL 60560 • 005 Freemans Sports 129 E Hydraulic St. Yorkville IL 60560 05-39-154 • 022 United City of Yorkville 800 Game Farm Rd. Yorkville IL 60560 • 023 Kendall Farm Bureau 111 E.Van Emmon Yorkville IL 60560 • 009 United City of Yorkville 800 Game Farm Rd. Yorkville IL 60560 • 020 City of Yorkville 800 Game Farm Rd. Yorkville IL 60560 • 001 Ament III LLC • C/o John Robert Ament 9075 Penman Rd. Yorkville IL 60560 Exhibit "B" 05-39-154 Continued • 002 Dan Kramer 1 107 A Bridge St South Yorkville IL 60560 • 003 Gerald&Cynthia Johnson C/o Greg Kraber 314 Fox Street Yorkville IL 60560 • 024 Masonic Bldg Assn of Yorkville PO Box 371 Yorkville IL 60560 021 Gregory Millen 220 Bridge Street South Yorkville 1L 60550 • 006 Jeffery& Kathleen Farren 222 Bridge St South Yorkville IL 60560 • 007 Jeffery&Kathleen Farren 222 Bridge St South Yorkville IL 60560 • 008 D.0& D.A. ingermunson 226 So Bridge Street Yorkville IL 60560 05-39-157 • 001 Yorkville National Bank 102 Van Emmon Street East Yorkville IL 60560 • 004 Yorkville National Bank 102 Van Emmon Street East Yorkville IL 60560 ALTA AGSM Land Title Survey ;, OF Part of Lot 4 in Block 7 and part of Vacated Main Street in .. . sem` Black's Addition To Village of Yorkville, being a part of the r _i;; Northwest Quarter of Section 32, Township 37 North,. Range 7 '11 lilt - . ---"--- East of the Third Principal Meridian, in Kendall County, Illinois. , _WVanEn.-- st —_ _i J • C.L. 6 Von Emmon st jn€' d W an st a Owner • 'K t wml i - QJ ' Street - -., .. . n'T 0 .. . e Bridg . . . .. . .. q j '. °�, plaza, lac. ,art of LEGEND ova P o- Lot 4 Block 7' 0 IRON PIPE OR ROD FOUND `n O►UG SET "MAG" NAIL 3 c o . • c o n gravel (100.00') RECORD DATA , o o Iron Pipe on 100.00' MEASURED DATA 'moi >v),----•••• line & 0,10'W . 3 , 3 nn Rod on 00. RECORD & MEASURED ' lectric meters 00'00"w air conditioners Ira s �-e N90� line & 0.03'S ,. i< 00 R&M< SANITARY SEWER D DATA _ W W W WATERMAIN I siciminIDlnyllll• • III 1 1 ----t1Hw DHw OVERHEAD WIRES ►� Bldg. 7.47'S,�••ir conditioners 90.39' Bldg. 7.18'5./' Addlfi0il to 3 ••yy ��& 1.20'W & 612'W,, �, glcek s 0f yorkVi11t3 —UD I SMANATERALVEVAULT S iiiEXISTING MANHOLE tq' i /. // =17 94 � �/ /�/''=1-75. j Iran P; e C 04'5 8/1dg 22 41'N // • i f j. ;':/ '/ I" S90'n0'00"W Pip,e HYDRANT // % drain grates ////i /t,00' gyp -- & 0.02'E /& 0 91 E , / i / / /8711`/A / / ,Bldg. 24 64'N.� BUFFALO BOX, WATER grovel 1ari 1re�r_1. .r.....aw.....r concrete retaining wail POWER POLE A i O >/ concrete---X PAT of pal, O O There are 14 parking spaces, no handicapped spaces � ' as. alt - LO if ascii -• N© Bearings ore based on the South line of Lot 4 which is 3 ; IIII a assumed to bear N90'00'00"E P,0 8. Pi j ` I • t Z Iron Pipe 0 09'S .'1 55.01 i�I90 00'00"E •. 9D' ( > P Q:f3,.P� Y� 07 _ is 33 30' l 38 & D E ZONING B-3" Service Business District '.•"' ,' ,•'... - or buildinsof Yorkville. larIllinois Ot?W O01.1wwalk (no curb) setbackxrequirements ehrf Parcel the CityLimits OHW' 01IW to -OHW OHW OHW OHW Q W W W W. • W .W=' W =W i W W • W' . • ' W W 1 FURTHER STATE that I have mode no independent search of -• asphalt 4 the records for easements, encumbrances, ownership, or title evidence, or any other facts which an accurate and current -'—c` . • ( . • .c'' ..0. •(, ," `. ( ..: t. ( {. .. . ( _ < :.... . ( _ .. ome •- search may disclose os port of this survey, but pan th materwl -and re elan of ons su Iled .. ,, ., - _• � the uowners erepresentative,oand r that a I current Tincth till ovc • veli Street p b Hydra u.li c 66' ROW : ti.J t e t • Commitment by Chicago Title Insurance Company, Order No. 1410 000563008, dated December 28, 2006 was furnished to . _ me os port of this survey. There ore no plottable, survey or a • zoning related items on schedule 8 of the above mentioned • • • title commitment. ry LEGAL DES C R I PTI O N ,, 1 FURTHER STATE that the accompanying plat is a scaled representation of the physical situation which i found in the PARCEL ONE: To Full House Ventures, Horton Family Partnership, Dean J. Kleronomos, field and shows the location of visible evidence of utilities That port of Lot 4 in Block 7 and part of Vacated Main Street (formerly port of Lot 5 in said Block and Chicago Title Insurance Company: which I found at the time of my survey of these premises. No 7) all in Black's Addition to Village of Yorkville, described os follows: Beginning at the Southwest attempt has been made as part of this survey to excavate, corner of said Lot 4; thence Easterly along the Southerly line of said Lot 4, 90 feet; thence Northerly This is to certify that this map or plot and the survey on which it is uncover or expose those facilities to field check the existence, parallel with the Westerly line of said Lot 4, 70 feet; thence Westerly parallel with the Southerly line of based were mode in accordance with the 'Minimum Standard Detail size, depth, condition, capacity or exact location of those said Lot 4 and said line extended 95.3 feet; thence Southerly parallel with the Westerly line of said Requirements for ALTA/ACSM Land Title Surveys." jointly established and facilities. For more information concerning those utilities, please Lot 4, 70 feet to the Southerly line extended of said Lot 4; thence Easterly along said extended adopted by ALTA, and NSPS in 2005, and includes Items 1, 2, 3, 4, 6, contact the appropriate public agencies or utility company. Southerly line 5.3 feet to the Point of Beginning, in the Village of Yorkville, Kendall County, Illinois. 7a, 7b1, 7b2, 7c, 8, 9, 1D, 110, 1lb and 13 of Table A thereof. +,,,,,,,,,,, I FURTHER STATE that the above described property is within Pursuant to the Accuracy Standards as adopted by ALTA and NSPS and ,o," G Lq PARCEL TWO: in effect on the dote of this certification, Uundersigned further certifies .o�r••"'•'•Nas+'',, Special Flood Hazard Zone "C" areas of minimal flooding, That part of Lot 4 in Block 7 of Block's Addition to the Village of Yorkville described as follows: that in my professional opinion, as a land surveyor registered in the y.'yyf+ `ti ai identified for the Village of Yorkville by the Federal Emergency Beginning at a point on the Southerly line of said Lot 4, 90 Feet Easterly of the Southwest corner of Stole of Illinois, the Relative Positional Accuracy of this survey does not o: mows a. :K I.' Management Agency on Ponel No. 170347-00018 dated June exceed that which is specified therein 'rr B+uuaurr tt a'- 1, 1982. p said`Lot 4; thence Easterly along said Southerly tine 38 feet; thence Northerly at right angels to said ar, 35-3142 j a Southerly line, 26 favi; thence Westerly parallel with the Southerly line of said Lot 4, to a line drown .t,? 1LAINFIELD Northerly parallel with the Westerly line of said Lot 4, from the Point of Beginning; thence Southerly Dote: April 10, 2007 S. s�, ,..•••-•.,", �e ? Tel 815-439-1221 along said parallel line to the Point of Beginning, in the Village of Yorkville. Kendall County, Illinois.. -�-- ;i .« Cardin Land Surveying -.-'- �,-�- ,, aF iW- NFax 815-210-9929 ' -~"'• �----___,...... '",_—...— '40, ,,..0‘ Q 1625 Whispering Oaks Drive Fax 815-439-1470 Said parcel containing 0.175 acres (7,635 square feet), more or less. THOMAS E. BAUMGARTNER, ILUN01 LAND SURVEYOR NO 3142 LICENSE c-- Plainfield. Illinois, 60544 cardinaltebllcomcast.net EXPIRATION 11-30-2008 PROPERTY ADDRESS: 119 Hydraulic Street, Yorkville, Illinois Lorenzini & Associates, Lid. Yd 0 15 30 45 LOre268Route 34 DATE : 04-10-07 Field work completed April 10, 2007. N Oswego, Illinois 60543 SCALE : 1" = 15' alto: Dean J. Kleronomos, Esq. DWGT{: 1202 I - Memorandum O To: Plan Commission From: Travis Miller T esr. `� 1836 CC: Annette Williams (for distribution) Date: November 6, 2008 O ��° +� Subject: Off Street Parking Regulations—Recommended Zoning Ordinance Teat Amendment Issue: Staff has recently received complaints regarding commercial trucks being parked in business parking lots for extended periods of time. The concern expressed by nearby citizens include nuisances related to the noise of running engines, unsightliness of tractor trailers, and general concern related to the transient nature of the users. Background: The Building and Safety Department in recent years has successfully controlled the use of parking facilities in business districts for tractor trailer parking for extended periods by interpreting this as a use (storage of trucks and trailers) not permitted in Business Districts if this use is not part of the primary use of the property. For instance,there have been tractor trailer parking activities in recent years at the Countryside Center property,the Aldi parking lot, Cozy Comer property none of which is related to the primary use of these properties. A 24 hour period has been used by the Department to determine the point at which an unattended truck and/or trailer must be removed from the property, however,this period has never been incorporated into an ordinance. The Public Safety and Economic Development Committees have each reviewed the attached text amendment and advised staff to forward the same recommendation to the Plan Commission for review and conduct a public hearing regarding the matter. Staff Recommendation: The draft text amendment clearly identifies the period of time (24 hours) in which a parked vehicle becomes a violation. This amendment addresses commercial vehicles, such as tractor trailers, as well as passenger vehicles, such as for sale vehicles parked in a facility if it is not owned by the property owner, employee or customer. The EDC recommended adding delivery vehicles to the list of vehicle types to avoid limiting the length of time a delivery vehicle serving the business is parked on the premises and the Administration Committee recommended allowing longer periods for businesses (such as an auto repair)that may require customer parking for longer than 24 hours. 10-11-3: OFF STREET PARKING REGULATIONS AND REQUIREMENTS: A. Use Of Parking Facilities: 1. Residential Districts: Off street parking facilities accessory to residential use and development in any residential district in accordance with the requirements of this chapter shall be used solely for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments. 2. Business and Manufacturing Districts: Off street parking facilities accessory to business and manufacturing use shall be used solely for the parking of vehicles of owners employees, visitors and customers of the business or establishment as well as for delivery vehicles serving the business or establishment. Vehicles owned by said visitors and customers shall not be parked on said parking facilities for periods longer than twenty-four 24 hours unless the nature of the establishment requires a longer period. Co. Memorandum 4 To: Plan Commission EST. leas From: Charles Wundew CC: Date: 11/7/2008 Subject: Surface Mining Regulations 'LE Based on discussions/request from the 1018108 Plan Commission meeting I have attached several additional ordinances relating to the regulation of surface mining operations/quarries. These regulations come from both city and county zoning ordinances. All but two of them come from Illinois jurisdictions. The three Illinois county regulations come from DuPage, Kane and Kendall Counties. The two Illinois municipal regulations come from Naperville and Peru. The two examples from outside of Illinois are a municipality and a county in California. In attempting to get regulations from communities similar to Yorkville, I found that very few municipalities have zoning regulations dealing with surface mining operations. This may be because very few municipalities have active surface mining operations within their corporate limits and active surface mining operations have no incentive to annex into a municipality and/or are on sites too large to annex forcibly. The zoning regulations dealing with surface mining operations tend to be grouped into two opposite extremes, those with extensive regulations (Kendall County and the two California jurisdictions ) and those requiring a Special or Conditional Use Permit with few or no performance standards (Naperville, Kane County and DuPage County). The Kendall County Zoning Ordinance has established a separate Industrial Zoning District for surface mining operations. Most of the ordinances limit surface mining to Industrial Zoning District as a Special (or Conditional) Use. The Kane County ordinance allows them in both the Agriculture and Industrial Zoning Districts Industrial as a Conditional Use. All of the more extensive requirements require a Reclamation Plan and some sort of monetary guarantee that the site restoration will be completed. They also tend to have extensive approval process and permitting requirements in addition to the traditional setback and operational requirements. l Grain. Manure, peat and topsoil. Petroleum and petroleum products. C. SPECIAL USES. The following uses may be allowed by special use permit in accordance with the provisions of Section 13.00: 1. Any use which may be allowed as a special use in the M-1 Districts, unless already permitted under Section 10.02-B above. 2. Areas for dumping or disposal of garbage, refuse, or trash, provided the land fill method is used. 3. Planned development on tracts not less than 60 acres. 4. Junk yards and automobile wrecking yards provided they are contained within completely enclosed buildings or screened by a solid wall or uniformly painted solid fence at least twelve feet high. 5. Explosive, including storage, when not prohibited by other ordinance. 6. Miscellaneous uses as follows: a. Railroad freight terminals, motor freight terminals, railroad switching and classification yards, repair shops and roundhouses. 7. Regulated uses, subject to the requirements of 4.17. D. YARD AREAS. All yard areas shall be the same as required in the M-1 Limited Manufacturing Districts. E. LOT COVERAGE. Not more than seventy-five percent of the area of a lot may be covered by buildings or structures, including accessory buildings. F. FLOOR AREA RATIO. Not more than 0.85. G. PERFORMANCE STANDARDS. Same as in the M-1 Limited Manufacturing District, 10.01-G. SECTION 10.03 M-3 AGGREGATE MATERIALS EXTRACTION, PROCESSING AND SITE RECLAMATION INTENT It is the purpose of this section to establish regulations and standards for surface mining operations and to provide for conservation and reclamation of lands affected by surface mining in order to restore them to optimum future productive use. Aggregate materials extraction, processing and site reclamation shall be determined and permitted in compliance with standards as set forth herein. A. PERMITTED USES 1. Surface and/or open pit mining, extraction and or processing of aggregate materials, e.g. sand, gravel, limestone, subject to the issuance of a permit as provided herein. B. SPECIAL USES 1. Ready-mix cement plants. 1. Asphalt and asphalt products. 2. Recycling of asphalt and concrete products. C. SETBACK REQUIEREMENTS 1. Unless otherwise specifically provided in an applicable special use permit, production, processing and excavation shall not be conducted closer than two hundred (200) feet to the boundary of any zoning district where such operations are not permitted, nor closer than one hundred (100) feet from the boundaries of an adjoining property line, nor closer than one hundred fifty (150) feet to the right-of-way of any existing or platted street, road or highway, except in the following situations: a. The bottom of the slope of the mined face of the excavation shall not be closer to said point above, than a distance equal to one and one-half (1'/2) times the depth of the excavation (see diagram 10.03.1); b. If consolidated materials occur in the mined face, the slope of the face may be steeper than 1'/2 to 1 slope per "a" above for the depth(s) of those materials, however all other mined slopes of unconsolidated materials shall be no steeper than 2:1. 2. Buildings and Structures: a. 2. 3. 4. 5. 6. Unless otherwise specified in the mining operations permit, every building and structure hereafter erected or enlarged shall provide and maintain a setback from a public or private street of not less One hundred (100) feet from a dedicated road right-of-way or one hundred and fifty (150)feet from the center line of all adjacent roads, whichever is greater. 7. b. Unless otherwise specified in the mining operations permit, every building and structure hereafter erected or enlarged shall have a side and rear yard of not less that fifty (50) feet from all property lines dividing lots held in separate ownership. D. AREA REQUIREMENTS The minimum area required for each M-3 District shall be greater than ten (10) acres. E. PROHIBITED ACTIVITY 1. No person, firm or corporation shall hereafter engage in the extraction of aggregate materials on any land within the unincorporated areas of the County of Kendall, without first obtaining from the County a mining operations permit in such form and in such a manner as shall hereinafter be provided. The inadvertent extraction of aggregate materials while in the process of land beautification, pond construction or such other activity unrelated to mining and processing uses are hereby excluded. F. FENCING 1. Where required by the County Board in granting an M-3 zoning to promote safety, a minimum 7 foot chain link fence shall be erected at the site of the operation and facilities which shall be of a nature and character to reasonably protect the general public from danger. The location of the fencing shall be depicted on the site plan submitted as part of the mining permit application. G. REQUEST FOR LOCATION PROTECTION 1. Within seven days of filing any application for M-3 zoning or M-3 Special Use, the applicant shall give notice of such filing, and at applicant's expense, sent by registered mail through the Planning Building and Zoning Office, a copy of such application as well as a copy of this complete paragraph, to each owner as set forth on the tax assessor's records of all property located within one and one half (1.5) miles of the parcel sought to be permitted. If, within fifteen days of receipt of such notice, any owner or occupant of such property files with the Planning, Building and Zoning Administrator (hereinafter referred to as "Administrator") a "Request for Location Protection," substantially in the form provided in paragraph 2 below, then the following shall occur. Provided however, if the proposed use of the property is for the surface mining of sand and gravel only (and includes no blasting or any special use), and the property is situated wholly within a township having a population in excess of 20,000, then notice shall only be sent to properties located with one thousand (1,000) feet of the parcel sought to be permitted. (Ord. #99-25 August 17, 1999) a. Subject to different provisions being made by the County Board as provided in subparagraph c below, any aggregate materials processing, ready-mix concrete, asphalt, and/or recycling equipment or plants on the subject property shall be located so as to provide maximum distance between the residence of any such owner or occupant and any such equipment or plant; if more than one owner or occupant files a "Request for Location Protection," then any such equipment or plant shall be located on the property so as to provide as much distance as possible between such residences and such equipment or plant; provided, in any event, that setbacks otherwise required by this Ordinance shall be maintained. b. Any owner or occupant filing for location protection, and/or his agents shall be invited to participate in County staff discussions with the applicants regarding the most effective and appropriate measures required to protect the residence site(s) from adverse impacts. The discussions shall include, but not be limited to: location of processing, ready-mix concrete, asphalt, and/or recycling equipment and plants, material storage and mining operations; size and shape of screening berms as they may interface with the residences; noise and dust abatement; site specific landscaping for both short term and long term visual effect, and data reflecting the quality of aggregate materials to be excavated. The advice of a technically trained person selected by the County Board shall be utilized at the applicant's reasonable expense to review and make recommendations concerning the most effective and appropriate measures to protect the residence site(s) from adverse impact as provided in Section G below. C. The County Board may approve a location for aggregate material processing, ready-mix concrete, asphalt, and/or recycling equipment and plants, other than a location at a maximum distance from the residence(s) of the owner(s) or Occupant(s) filing for location protection, if the County Board determines, that, because of berming, landscaping, and/or other protections proposed for the property sought to be rezoned, such an alternate location, when compared to the location providing maximum distance, provides the residence site(s) as much or greater protection from adverse effects of such equipment and/or plants. No such alternate location may be approved by the County Board prior to the residence owner(s)/occupant(s) having at least a sixty day period within which to review such alternative location, have it reviewed by the technically trained person provided for in subparagraph (b) above, and make recommendations to the County Board concerning it. 2. The form hereinabove referred to is the following: The undersigned, being an owner or occupant of a residence at (mailing address) hereby requests location protection pursuant the provisions of the Kendall County Zoning Ordinance on Earth Materials Extraction, Processing and Site Reclamation." (Owner/Occup ant) H. FEES All applications for an M-3 zoning designation shall be accompanied by a fee for map amendments in accordance with fee structure as established by the County Board and as amended from time to time. The County Board may, at its discretion, retain the services of attorneys and professional consultants to assist the Board and County staff in the amendment and zoning process. The application fee shall serve as an initial deposit from which any costs and expenses incurred by the county as a result of the application for amendment and the hearing process set forth herein shall be deducted. Such costs shall include, but not be limited to, the fees and costs of: County employees or staff review time, legal fees, expert witnesses, scientific testing, records or other investigations, data searches, notices, court reporters, transcription costs, consultants, the hearing officer, and other expenses incurred by the County in reviewing the application, the public hearing, and decision, or any issues raised at any time during any hearings. If the actual costs incurred by the County in conducting its review and recommendation of the requested map amendment exceed the amount of the application fee deposit, the applicant shall be billed and shall be required to pay any all additional costs incurred by the County in the completion of their review and recommendation of the zoning map amendment. Costs in excess of the application fee deposit will need to be paid in full by the applicant prior to scheduling the matter for action by the County Board. (Amended 3121106) I. SUBMITTAL REQUIREMENTS In order for the County to adequately determine the short and long term impact of the proposed mining operation on vegetation, wildlife, fish, land use, land values, local tax base, the economy of the County, employment opportunities, air pollution, water pollution, soil contamination, noise pollution and drainage, all applications for an M-3 zoning designation shall be accompanied by the background information as outlined below in Section 10.03-1.A.4 of this ordinance. SECTION 10.03-1 PERMITTING A. PERMIT FOR MINING 1. All operators extracting and/or processing aggregate materials shall apply for a permit jointly with the owner and any person who is entitled to legal possession of the property to be affected and shall comply with the operation and reclamation regulations in this Ordinance. Application for permit shall be made upon a form furnished by the Department. Such application shall be accompanied by a fee of $50 plus $25 for every acre and fraction of an acre of land to be affected during the life of the permit. 2. An operator desiring to have his permit amended to cover additional land may file an amended application with the County with such additional fee and bond or security as may be required under the provisions of this Act. Such amendment shall comply with all requirements of this Ordinance. 3. It shall be unlawful for any owner/operator to engage in surface mining in an area where the overburden shall exceed ten (10) feet in depth or where the operation will affect more than ten (10) acres during the permit year without first obtaining from the Illinois Department of Mines and Minerals a permit to do so, pursuant to the Surface-Mined Land Conservation and Reclamation Act ILCS 71511 et. seq. as amended. All owner/operators shall comply with the Regulations of USEPA and any State or Federal regulatory agencies for occupational health and safety and obtain any necessary permits prior to issuance of the mining permit. Before the onset of any operations the Enforcement Officer must be provided with copies of all necessary permits. 4. Every application, and every amendment to an application; submitted under this Ordinance shall contain the following, except that the Administrator may waive the requirements of this subsection for amendments if the affected acreage is similar in nature to the acreage stated in the permit to be amended: a. Ownership of land; b. Aggregate materials to be mined; C. Character and composition of vegetation and wildlife on land to be affected; d. The proposed equipment to be used; e. The current assessed valuation of the lands to be affected and the assessed valuation shown by two (2) quadrennial assessments next preceding the currently effective assessment; f. The nature, depth, and proposed disposition of the overburden; g. The location of the existing roads, and anticipated access and haulage roads planned to be used or constructed in conducting surface mining; h. The technique to be used in surface mining; i. Drainage on and away from the lands to be affected including directional flow of water, natural and artificial drain ways and waterways, and streams or tributaries receiving the discharge; j. The current location of existing buildings and utility lines and easements within the lands to be affected; k. Practices and methods proposed to be used to minimize noise, dust, air contaminants and vibration and to prevent pollution of surface or underground water; I. The recycling of water used for washing and grading; M. The simultaneous reclamation plan including methods of accomplishment, phasing, and timing as an area is mined out to start reclamation; n. A detailed map of the land drawn at a scale of one (1) inch equals (=) one hundred (100) feet showing at least the following specifics: 1) Existing topographical features at two (2) foot contour intervals, up to and including seven (7) percent grade. Greater than seven (7) percent grade would require five (5)foot contours; 2) Location and names of all streams, creeks, bodies of water, underground water resources (which are readily ascertainable from sources such as Illinois State Geological Survey well drillings logs) and drainage systems within the lands to be affected; 3) Outline of area to be excavated; 4) The proposed location of sorting, grading, crushing and similar equipment necessary to the operation and initial distribution of the excavated products; 5) The proposed location of any buildings, scale house, equipment storage areas, and equipment repair sheds or areas; and 6) The current location of buildings, utility lines and easements within the lands to be affected. o. "Affected Lands or Affected Land" shall be defined as real property described within the application filed herein whenever said terms are used in this Ordinance. 5. Prior to the issuance of a permit, the applicant must obtain the approval by the County of the reclamation plan and map as provided in Section 10.03-1-B. Such plan shall be forwarded to the Zoning Board of Appeals for public hearing, review and recommendation in accordance with the procedures provided under Section 13.06 "Amendments" of the County Zoning Ordinance. The recommendation of the Zoning Board of Appeals shall be forwarded to the County Board for action. If approved, the Board will enact an ordinance establishing a date by which the permit shall expire. 6. All permits issued hereunder shall expire ten (10) years from the date of issuance, unless the County Board passes an ordinance extending such expiration date. 7. Each renewal of a Mining Permit under this section shall be for a period of time not more than ten (10) years. a. A request to renew a Mining Permit that involves acreage or equipment in addition to that allowed in the Original Mining Permit, shall be treated in the same manner as the initial application. b. A request to renew a Mining Permit when no additional acreage or equipment will be brought into use shall be handled in the following manner: i If an owner/operator is not able to finish mining the acreage described in the Mining Permit in the time specified, he shall apply to the County. A public hearing will be held. The maps required by this Ordinance for the initial hearing shall be revised, updated and resubmitted along with a statement of the current status of the mining reclamation. A new map describing conditions present on the site shall be furnished as described in "EXISTING CONDITIONS" of the Standards. ii The applicant shall furnish the Kendall County Planning, Building and Zoning Department with a copy of the aforesaid maps, plans and other related exhibits for review of the revised or extended reclamation plan no less than thirty (30) days before the Zoning Board of Appeals hearing. iii The Planning, Building and Zoning Department shall prepare a written report and oral statement on the revised or extended reclamation plan and enter it into evidence at the Zoning Board of Appeals hearing. iv Any application for a renewal of a Mining Permit shall be filed with the Zoning Board of Appeals prior to one hundred twenty (120) days before the expiration date of the original Mining Permit or any renewal thereof. A failure to file a request for renewal within the required time designated in this Section shall result in a required cessation of mining and sale of product upon the expiration of the Mining Permit. 8. Annual Inspections An examination of the premises shall be made by the Administrator or his/her designee at least annually during the term of the permit. The Administrator shall subsequently complete a Mining Inspection Report, mailing to the operator one (1) copy by certified mail return receipt requested and retaining one (1) copy in the permanent files at the County. 9. A permit issued hereunder may be revoked or modified by the County Board after due hearing in the event the permittee violates any provision of 10.03-1-C. of this Ordinance. B. RECLAMATION 1. At the County Board's discretion, the advice of technically trained experts will be utilized at a reasonable cost to the owner/operator(s) to review the reclamation plan for its appropriateness on the affected land. 2. The County shall consider the short and long term impact of the proposed mining on vegetation, wildlife, fish, land use, land values, local tax base, the economy of the County, employment opportunities, air pollution, water pollution, soil contamination, noise pollution and drainage. 3. The reclamation plan map and statement of sequential operation and reclamation shall be followed to produce a finished condition that complies with the reclamation plan map and the provisions of this Section so as to provide for the return to a useful purpose of the affected land. 4. The Operator shall provide with the application for permit a detailed reclamation plan and map drawn at a scale of one (1) inch equals (_) one hundred (100) feet designating which parts of the land shall be reclaimed for forest, pasture, crop, horticultural, home site, recreational, industrial, or other uses including food, shelter and ground cover for wildlife. The reclamation plan and map shall specify progress and completion dates of the reclamation plan; provided, however, the reclamation is to be completed prior to the expiration of three (3) years after the termination of the mining operation on the land. In the event the operator and the County shall mutually determine that characteristics of the area concerned have been found to be present during the conduct of mining, changes may be made in the original reclamation plan by mutual consent of the operator and the Planning Building and Zoning Committee of the County Board, which change shall preserve, as substantially as possible, the original reclamation plan, and shall also provide for the previously unknown variables. Contours shall conform to requirements of development proposed, but not less than required for existing original topography. 5. The reclamation plan shall contain a written statement containing an explanation of the character of the site to be mined and of the surrounding territory, and an explanation of the schedule of development. 6. All reclamation provided for hereunder shall be carried to completion by the operator prior to the expiration of three (3) years after the termination of the mining operation, except that no other reclamation of any kind shall be required to be made within depressed haulage roads or final cuts or any other area where pools or lakes, capable of supporting aquatic life, may be formed by rainfall or drainage runoff from adjoining land or where the Administrator determines that a road, dry pit bottom or ditch is consistent with and necessary to the conservation and reclamation plan. All mined areas which in the reclamation plan call for vegetation, shall be covered with sufficient topsoil and other materials from the case overburden which will support acceptable plant growth as outlined in the reclamation plan. The County shall have authority to require darkened surface soil be segregated from other overburden in the stripping process so as to accomplish the requirements of this subparagraph. 7. Extension of the reclamation period may be granted by the Administrator as necessary to accomplish acceptable reclamation. Such extension shall be made at the discretion of the Department, however, the Department shall not deny a reasonable extension when the operator shows that acts of God, strikes, inability to receive ordered equipment or extended periods of unreasonable weather have made completion within the time limits impossible. When determined to be appropriate, the Administrator at his or her discretion, may refer a request for such an extension to the County Board for review and recommendation prior to taking action on such request. S. The County shall declare forfeiture of the surety, bond or security on such land not satisfactorily reclaimed, and shall use such funds to complete the reclamation. Any excess shall be remitted to the permittee. 9. Any reclamation plan must require that viable ground cover or similar vegetation will be placed on the site within one (1) year of final production. 10. Disposal areas shall be reclaimed within one (1) year from final production. 11. The reclamation plan shall protect persons against hazards remaining on the property. 12. A landscape plan shall be prepared by a qualified landscape professional in accordance with the reclamation plan. Said plan shall include details on phasing of the landscape plan as cells are exhausted and the anticipated time line for the sequential restoration of the subject property. C. MINING OPERATION REQUIREMENTS Duties of Operator. Every operator to whom a permit is issued pursuant to the provisions of this ordinance may engage in surface mining upon the lands described in the permit upon the performance of and subject to the following requirements with respect to such lands: 1. All land affected by surface mining except as otherwise provided in this Ordinance shall be graded to a rolling topography traversable by machines necessary for maintenance in accordance with planned use, with slopes that have no more than 15% (or 8 degrees and 32 minutes) grade, except that in the case of those lands to be reclaimed in accordance with a filed plan for forest, plantation, recreational or wildlife, the outside slope of the box cut spoil, the slopes of all perimeter berms, all unconsolidated material in the pit sidewalls, and the outside slopes of all overburden deposition areas the grade shall not exceed 30% (or 16 degrees and 42 minutes); the final cut spoil and the side slopes of haulage roads included can remain at a slope equal to the angle of repose of the material in order to retain or provide as much row crop of 15% slope land as possible, but such slopes need not be reduced to less than the original grade of the overburden of that area prior to mining; vertical highwalls can be left in competent material upon conclusion of the mining or pits formed by the aggregate mining industry. 2. In the case that the right-of-way has not been recently surveyed by a registered land surveyor and clearly marked, the right-of-way line shall be assumed to be as follows, for the purpose of this Section: a) When the adjoining roadway is classified as a local street, a minimum of seventy feet (70) of R.O.W. (35' from the centerline) shall be provided b) When the adjoining roadway is classified as a local sub- collector, a minimum of eighty feet (80') of R.O.W. (40' from the centerline) shall be provided c) When the adjoining roadway is classified as a minor collector, a minimum of ninety feet (90') of R.O.W. (45' from the centerline) shall be provided d) When the adjoining roadway is classified as a major collector, a minimum of one hundred twenty feet (920') of R.O.W. (60' from the centerline) shall be provided. e) When the adjoining roadway is classified as an arterial, a minimum of one hundred fifty feet (150') of R.O.W. (75' from the centerline) shall be provided. 3. All storm runoff water shall be detained, impounded, drained or treated in accordance with the Kendall County Stormwater Management Ordinance in effect at the time the permit is issued so as to reduce soil erosion, damage to un-mined lands, construct earth dams, where lakes may be formed, in accordance with sound engineering practices if necessary to impound water, provided the formation of lakes or ponds will not interfere with underground or other mining operations, other subsequent uses of the area approved by the County, or damage adjoining property. Such water impoundments must be approved by the County based on the expected ability of the lakes or ponds to support desirable uses such as water for livestock or wildlife; and if to be used for fish life, shall have minimum depths in accordance with standards for fish stocking in the various areas of the State recommended by the County. 4. Acid forming materials present in the exposed face of the mined aggregate material seam or seams in the final cut shall be covered at all times with not less than four (4) feet of water, or other materials which shall be placed with slopes having no more than 30% grade, capable of supporting plant and animal life. Final cuts or other depressed affected areas, no longer in use in mining operations, which accumulate toxic waters will not meet reclamation requirements. 5. Slurry must be confined in depressed or mine areas bounded by levees or dams constructed from material capable of supporting acceptable vegetation built in accordance with sound engineering practices. 6. All abandoned haulage roads and all mine drainage ditches must be removed and graded, except where the Administrator determines that a road or ditch is consistent with and necessary to the conservation and reclamation plan. 7. The soil shall be prepared and planted with trees, shrubs, grasses, and legumes to provide suitable vegetative cover, in accordance with the approved reclamation plan. 8. Clearing of the mine site may include the moving of existing trees and shrubs to such location as will provide screening as hereinafter provided when cost effective to do so, or as will conform to the reclamation plan for ultimate use of the property as shown on such a plan. 9. Maximum depth of excavation shall not be below existing groundwater, except in such cases where the reclamation plan indicates that a lake or lakes will be part of the final use of the land or where such plan indicates that adequate fill from overburden is to be used to refill such excavation for conformance to the approved reclamation plan. 10. Adequate planting, berming and/or fencing shall be provided along all public roads adjacent to the property involved, sufficient to screen the operation from public view, as reasonably as possible and as approved by the County Board in granting the zoning. The toe of any berm shall not be closer than ten feet (10') from the R.O.W. line. 11. No more than one (1) entrance and one (1) exit from a highway or road shall be provided to the area of operation. Such entrance shall be subject to approval by the Department of Highways having jurisdiction and shall, preferably, be located along a secondary road, and shall be located as to avoid the routing of vehicles to and from the mining operation over streets that primarily serve abutting residential development. In the event the Highway Authority having jurisdiction over the roadway that provides access to the mining operations, requires turning lanes, then said lanes shall conform to IDOT requirements for geometrics and pavement design. Furthermore, a paved road from the entrance and exit, at a distance of not less than three (300) hundred feet from the right-of- way line into the area of operation shall be provided in order to minimize the deposit of dirt and gravel from trucks into the public highway. Such pavement shall be in accordance with the specifications of the County Highway Department or at the discretion of the Highway Department having jurisdiction over the road way. A wheel wash shall be installed within the operation along that portion of the paved entrance/exit road that is furthest from the point at which it accesses the adjoining roadway so as to prevent the tracking of dirt, dust, sand, gravel and debris onto the public right-of-way. Entrances and exits shall be provided with the gates to be securely locked during hours of in-operation. 12. Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to prevent spillage onto the public roadway, including, at a minimum, a secure cover over the top of the bed of the truck carrying said material. Any spillage or tracking of material on said roadways shall be removed from said public roadways as needed to maintain a safe vehicular driving operation and a safe driving surface. At a minimum, the public roadway shall be reviewed for said spillage or tracking of material every eight (8) hours. All generally accepted industrial safety precautions shall be practiced and observed during such process of removal. Access ways and on-site roads shall be maintained in a dust-free condition using sweepers, water trucks or other appropriate methods of dust suppression. 13. The owner/operator shall, coincidental with commencement of operations, bring the adjacent roadway providing access to the site up to IDOT standards and specifications for 80,000 lb truck routes including pavement designs and geometrics from the entrance to the subject site to the nearest intersecting 80,000 lb roadway. The design shall include full-depth concrete pavement at the entrance to the site and extending in each direction to the end of the radius returns. The owner/operator shall repair any section of road damaged as a result of trucks and heavy equipment accessing or servicing the aggregate excavation operation. This provision shall not be construed to require the operator to purchase additional right-of-way. 14. Except in the areas needed for plant and equipment, stock piles, maintenance facilities, scale houses and roads, overburden shall not be removed in excess of the area to be mined within one (1) year. Development toward the final plan shall be carried on as excavation progresses. Where ground cover or other planting shall be made in areas where excavation is completed and land is not being used for material storage before further overburden is removed in order to ensure development as operations proceed. 15. Hours of arrival and departure of transport vehicles shall be from six o'clock (6:00) a.m. to seven o'clock (7:00) p.m. from April 1s1 until November 15`. The rest of the year the arrival and departure of transport vehicles shall be restricted to six o'clock (6:00) a.m. to six o'clock (6:00) p.m. Hours may be extended during a public emergency during which sand, gravel or limestone is needed and upon the order of the County Superintendent of Highways. 16. The holder of a permit hereunder shall ensure the safe and continued use of all wells on surrounding properties located within one and one half (1.5) miles of the boundaries of the parcel on which the mining operation is located and shall be required to post a bond or similar surety to guarantee the repair or replacement of any wells determined to have been adversely affected as a result of such mining operations. The amount of said bond shall be determined by multiplying the total number of wells located on those parcels for which location protection was properly filed times the average estimated cost for replacement as determined by a certified well expert or engineer's estimate of cost. No extraction operations shall be conducted in such a manner that the groundwater table of surrounding properties is harmfully lowered. Water pumped from the site for the purpose of washing of vehicles and or product produced on site shall be retained in a settling pond until the silt and clay settles prior to the water being recycled in the area affected as provided for in Section 10.03-1-A.4. of this ordinance. 17. Landscaping shall be regularly maintained to present a neat and orderly appearance and in such manner so as to discourage the encroachment of weeds and other unsightly or noxious vegetation from encroaching onto the premises or migrating off-site and onto any adjoining properties. 18. The premises shall be neat and orderly, free from junk, trash or unnecessary debris. Buildings shall be maintained in a sound condition, in good repair and appearance. Salvageable equipment stored in a non-operating condition shall be suitably screened or garaged. 19. Enough topsoil must be stockpiled to meet the finished conditions in accordance with the approved reclamation plan, unless additional bonding to ensure the required quantities of topsoil has been furnished to the County. 20. Existing trees and ground cover along public road frontages shall be preserved and maintained in such a manner to preserve line of sight requirements. 21. Upon the completion of operations, the land shall be left in a condition so that sufficient drainage is provided in order to prevent water pockets or undue erosion; all final grading and drainage ways shall exist such that natural stormwater leaves the entire property at the original and natural drainage points and without an excessive load on a particular drainage point. In the event the reclamation plan shall provide for the permanent establishment of a lake, the grading and drainage may be altered, but not in such a manner as to cause damage or inconvenience to surrounding or abutting properties. 22. Trees, shrubs, legumes, grasses, or ground cover shall be planted upon such area in order to avoid erosion, in accordance with the approved reclamation plan. 23. Within six (6) months after final production, all buildings, structures (except fences), and equipment shall be removed unless same are to be used in connection with the reclamation project. 24. Noise, Dust, and Odor a. The noise level originating from a mining operation shall comply with the performance standards set forth in the standards adopted by the Illinois Pollution Control Board, as from time to time amended; provided, however, that day time hours be defined as six o'clock (6:00) a.m. to seven o'clock (7:00) p.m. from April 1" until November 1" and from six o'clock (6:00) a.m. to six (6:00) p.m. during the rest of the year. Any variation of these regulations will constitute a violation of this ordinance. b. The release of particulate emissions shall also comply with the performance standards in the standards adopted by the Illinois Pollution Control Board, as from time to time amended. c. Operations shall be conducted so that noise levels and air and water quality standards comply with all applicable Federal and State standards and/or regulations. 25. Blasting a. Blasting operations at all permitted sites operated by the aggregate mining industry shall be conducted in accordance with existing State, and federal law and the rules promulgated by the Departments having jurisdiction over such operations with the advice of the aggregate mining industry and in accordance with the provisions as outlined in 225 ILCS 71516.5 as may be amended from time to time. D. RECLAMATION BOND 1. In order to ensure that the approved reclamation plan is completed, the owner/operator shall provide bonding in accordance with the provisions of 225 1LCS 71518 as may be amended from time to time. E. ENFORCEMENT The Enforcement Officer, in conjunction with other appropriate departments, shall annually review each surface mining permit. In addition to the reclamation plan/map; the ownerloperator shall provide the Planning and Development Department with an annual aerial photo of his total operation, enlarged to a scale of one (1) inch equals one hundred (100) feet or other scale that would adequately display the property affected on a thirty (30) inch square format. All aerial photos shall meet the Planning and Development Department standards. The first photo shall be taken during the first year in operation and subsequent photos shall be taken in the same month of the following years. Each year's photo shall be presented at the same scale for the purpose of comparison. Photos shall be submitted prior to the issuance of the annual operating permit. The Enforcement Officer, in conjunction with the Planning, Building and Zoning Department, shall prepare a report and submit it to the Planning, Building and Zoning Committee for their review. If it is determined that the operator is not in compliance with this Ordinance, the Bonding Requirements, the simultaneous operation and reclamation statement or the reclamation plan/map, the Enforcement Officer shall issue a stop work order on all operations other than reclamation work needed to bring the operation into compliance. Every three (3) years, at the time of the annual review, bonding, release of bond and re-bonding shall be checked as specified in the section of Bonds. In addition, the operator shall provide the Enforcement Officer with a topographic survey with two (2) foot contours, at the same scale as the aerial photo, said topographic survey to show the status of existing conditions on the subject site. Before release of bond, an on-site inspection of the acreage reclaimed shall be made by the Enforcement Officer in conjunction with other appropriate departments to check for compliance with the Reclamation Plan and any additional conditions of the Mining Permit. A random count procedure shall be used to check seeding, plantings and depth of topsoil. F. RULES AND REGULATIONS 1. The County may adopt and promulgate reasonable rules and regulations respecting the administration of the Ordinance and conformity therewith. 2. Any act authorized to be done by the Administrator may be performed by any employee of the Department of Planning, Building and Zoning when so designated by the Zoning Administrator. G. SEVERABILITY If any Section, subdivision, clause sentence or paragraph in this Ordinance shall be held to be unconstitutional, the unconstitutionality thereof shall not affect the remaining parts of this Ordinance. H. EXEMPTIONS Any mining operation legally commenced prior to the adoption of this Section shall be exempt from the requirements hereof, except that said operations shall not be exempt from the requirements hereof pertaining to the hours of operation, the operation of motor vehicles, safety and noise regulations as defined in Sections C-15 and C-24. Sec. 8.11 District-Farming. `4%rl- �k' yJ 14-7— Page 1 of 6 Sec. 8.1 . F District-Farming. 8.1-1. Permitted Uses: In the F district, the following uses are permitted: a.The uses as permitted in the R-1 district except for subsections 9.5-1a and p of this appendix. However single-family residential uses are permitted provided: (1) The one-family residential use was an existing residential structure on December 11, 1979; provided, that the size of the zoning lot may not be reduced after December 11, 1979, unless done in compliance with this ordinance; (2) The land on which the one-family residential use is proposed is a parcel of land recorded with the county recorder of deeds prior to December 11, 1979, whether the recording is by a deed or deeds, or by a contract to purchase or memorandum of purchase on which there is a detailed legal description; provided the parcel contains a minimum of twenty thousand (20,000) square feet and is at least seventy five feet (75') in width; provided further that all other zoning, wastewater disposal and building ordinance requirements are complied with; (3) The residence is located on a parcel of not less than fifteen (15) acres in area which parcel has been recorded with the Kane County recorder between December 11, 1979, and twelve o'clock (12:00) noon (CDT), September 8, 1992; or (4) The residence is located on a parcel of not less than forty (40) acres in an area recorded with the Kane County recorder and with two hundred fifty feet (250') of frontage on a public right of way and the principal use of said zoning lot is "agricultural" as defined in this ordinance. b."Agriculture" as defined herein (see article III of this appendix), except that neither animals nor poultry may be housed, stabled, kenneled or yarded closer than one hundred feet (100') from any residence other than that of the owner or user of the property. Sale of seed shall also be permitted. c.Carnivals and circuses (temporary) operating not longer than ten (10) days, and not including the sale of beer or alcoholic liquors. d.Hunting, fishing, fish and game preserves. e.Governmental and judicial centers. f. Picnic grounds, groves and temporary refreshment and amusement stands. g.Produce stand (1 portable) for the display and sale of only products which are produced on the premises, provided: (1) That such stand shall comply with the setback requirements. http://www.sterlingeodifiers.com/IL/Kane°/`2OCounty/38008000001000000.htm 11/4/2008 Sec. 8.1.F District-Farming. Page 2 of 6 (2) That adequate parking space be provided for the motor vehicles of customers off the highway right of way. (See article XIV of this appendix, off street parking.) (3) That the lot from which the sale products are produced and sold shall contain not less than five (5) acres of land area. h.Pigeon lofts and poultry farms as herein defined. i.Pipelines, electric substations, or transformer stations, telephone repeater stations and automatic exchanges, radio stations and towers, etc., (see sections 5.4-3 and 5.4-5 of this appendix) but shall not include electrical generation plants, "peaker" plants, and ancillary transmission and distribution facilities. j. Sign, one, not larger than twenty (20) square feet in area, pertaining to the sale, lease, or identification of the premises upon which it is located or the sale of farm products produced thereon. k.Sign, one, temporary and seasonal, not larger than two (2) square feet, which directs attention to and identifies different varieties of seeds and plants used in the production of food for animal and human use or identifies special conservation practices. Such sign must conform to established setback provisions and may only be displayed during the period between June 1 and December 1 of any given year. I. Stables, boarding, as defined herein. m.Stables, private, as defined herein. n.Truck gardening, nurseries, greenhouses, mushroom barns and apiaries. o.Waterways and such hydraulic power plants and terminals as may be erected by the county, state or federal government or public utilities for the use of the public. p.Weighing stations operated by the state of Illinois. q.Forest preserve uses and activities at the Kane County events center, located at the corner of Kirk Road and Cherry Lane in Geneva Township, Illinois, related to educational, cultural, recreational, and sporting events, including public informational signs accessory to the use, provided said informational signs are not more than one hundred fifty (150) square feet in display area per side and thirty feet (30') in height and are located on public property owned by the forest preserve district of Kane County. Furthermore, the size and setback of the public informational signs shall be reviewed by the Kane County division of transportation and a determination made that said signs do not interfere with any anticipated public highway improvements and do not create a hazard to public highway safety. r.Portable concrete plants, only for Kane County public road improvement projects, and approved by the Kane County board, located on or immediately adjacent to the county public road right of way, and for a specified time period not to exceed one hundred eighty (180) days. http://www.sterlingcodifiers.com/IL/Kane°/o2OCounty/3 8008000001000000.htm 11/4/2008 Sec. 8.11 District-Farming. Page 3 of 6 s.Country clubs, provided the country club use was existing prior to March 9, 1976. t.Migrant labor camps as defined in section 3.1 of this appendix and that are licensed by the state of Illinois department of public health and comply with the migrant labor camp code 77 Illinois administrative code 935, and have established use with the Kane County development department in accordance with section 4.3 of this appendix. The residence must comply with subsection a of this section. u.Identification signs, deemed by the Kane County board to be of interest to the general public, of an area not to exceed six (6) square feet at the property line, which identify farmland that has been preserved through the agricultural conservation easement program. The location at the property line of these signs shall be reviewed by the Kane County division of transportation and a determination made that said signs do not interfere with any anticipated public highway improvements and do not create a hazard to public highway safety. 8.1-2. Special Uses: a.Special uses allowed in the R1 district are allowed in the F district. b.Private landing strips, as defined herein, subject to the following restrictions: (1) Shall be located and be of such area, runway length and design as prescribed by the Illinois department of transportation, division of aeronautics and the provisions of section 5.13 of this appendix; (2) Shall be used in connection with a use permitted in this district; (3) Shall base no more than two (2) airplanes; and (4) Shall not be used by "itinerant aircraft" as defined herein except in cases of emergency. c.Asphalt plants, provided the principal ingredient is gravel mined on the premises where the plant is located, and operated from an active, licensed mining operation. Upon the exhaustion of the substance being mined for the aggregate, all mixing apparatus and equipment and other buildings and structures accessory thereto shall be removed from the premises. d.Bins, warehouses and other facilities for the storage of surplus grain by the federal government, or any of its duly designated agencies. e.Boat marinas and boat liveries, as herein defined. e.5.Burial grounds, private, for family members only. This is the only district in which this use shall be permitted. f.Cemeteries for human beings, including therein mausoleums and/or crematory. g.Commercial swimming pools and beaches. http:l/www.sterlingcodifiers.com/IL/Kane°/o2OCounty/3800800000100000O.htm 1114/2008 See. 8.1.F District-Fanning. Page 4 of 6 h.Commercial tennis courts. h.5.Commercial TV and radio towers. i.Country clubs. j.Fairgrounds. k."Garbage disposal", as defined herein, shall be conducted in accordance with the Kane County sanitary landfill control ordinance and in accordance with all other applicable ordinances and resolutions of the county of Kane. I.Golf courses, public, semipublic and private, including ancillary uses normally provided, such as restaurants, including the sale and consumption of alcoholic beverages, pro shops, swimming pools and tennis courts, but not including continually operating driving ranges or miniature golf courses. m.Government military reservations. n.Health and recreation clubs, as defined herein, and provided that a detailed plat of the proposed club and all proposed improvements shall be submitted to the zoning board for approval or amendment at the public hearing. Such plat, when approved by the county board, shall become a part of this ordinance and development of the site shall be in strict accordance with said plat. o.Kennels, as defined herein. p.Mining of topsoil, earth, clay, gravel, peat, sand and stone, and structures incidental to loading the same, also processing, screening and washing yards and plants of a quasi- temporary nature which are commonly removed when the available deposits are worked out, but not including plants, building and yards for the manufacture of clay or concrete products. If such mining operations are conducted upon a lot, piece, parcel or tract of land by the owner thereof for the purpose of improving said lot, piece, parcel or tract of land, and the owner thereof shall file with and to the satisfaction of the enforcing officer his affidavit that the foregoing conditions are applicable, such mining operations may be conducted without a hearing before the zoning board, without approval from the county board, provided the area involved does not exceed two (2) acres. Restrictions relative to the mining of topsoil, earth, clay, gravel, peat, sand, and stone set forth in article XV of this appendix and the Kane County soil erosion and sediment control ordinance are applicable to all mining operations. q.Monasteries, nunneries, religious retreats, nursing and convalescent homes, assisted living facilities, boarding schools and orphanages. r.Penal institutions. s.Pet cemeteries and crematory facilities for animals. t.Polo fields. http://www.sterl ingcodifiers.com/IL/Kane%2OCounty/38008000001000000.htin 11/4/2008 Sec. 8.1.F District-Fanning. Page 5 of G u.Pony riding tracks. v.Practice pistol and rifle ranges, skeet or trapshooting. w.Recreational camps, as defined herein, and provided that a detailed plat of the proposed camp and all proposed improvements shall be submitted to the zoning board for approval or amendment at the public hearing. Such plat, when approved by the county board, shall become a part of this ordinance and development of the site shall be in strict accordance with said plat. x.Repair of farm machinery and sales of feed and seed; provided, that these activities are accessory to the primary activity of farming, but not including sales of farm machinery. y.Sawmill operations. z.Sewage treatment works, publicly and/or privately owned. aa.Stables, public, as defined herein. bb.The sale and/or consumption of alcoholic beverages in conjunction with a permitted use or another special use. cc.ln order to utilize existing land, structures and facilities which represent a valuable economic base, but which might remain idle or unused, out of spot zoning consideration, an "interim special use" is established for the F district classification only. Such use shall be in accordance with the requirements set forth in section 4.8 of this appendix. In its recommendation to the county board, the zoning board of appeals shall specify time limitations and any other conditions it may deem appropriate for the protection of the area. dd.Other uses similar to those permitted herein as special uses. ee.ln submitting a petition for any of the above special uses, a detailed plat of all improvements shall be submitted to the zoning board of appeals for approval or amendment at the public hearing. Such plat, when approved by the county board, shall become a part of this ordinance and development of the site shall be in accordance with said plat. ff.Minor variations in the development of the approved plat may be authorized by the development committee. gg.Produce stand (1) for the display and sale of a minimum of five (5) products which are produced on the premises, plus a maximum of ten (10) farm produce products, not grown on the site and not including any processed items of any kind, subject to the following restrictions: (1) A temporary use permit upon proper application by such owner or operator is issued by the zoning enforcing officer. (2) Such permit shall not be valid for more than six (6) months (May 1 to November 1) out of each calendar year and a new permit shall be obtained each year during which the http://www.sterlingcodifiers.com/1L/Kane%2OCounty/38008000001000000.htm 11/4/2008 Sec. 8.1.F District-Farming. Page 6 of 6 granted special use is in effect. (3) Such permit shall require compliance with subsection 8.1-1g of this article. (4) Such permit shall not allow the serving or consumption of food on said premises. (5) At the time the temporary use permit is applied for, the applicant shall submit a plot plan and sketch portraying an open air structure, in detail, showing the construction of said structure for approval for the display and retail sale of the farm products. (6) The application for such permit shall list the types of produce to be sold, or offered for sale, which are grown or are to be grown on said parcel and shall also list the types of produce proposed to be imported for sale. (7) Such special use, when granted, shall apply only to the original applicant. (8) Where all produce sold or offered for sale is produced on the immediate premises, see subsection 8.1-1g of this article. hh.Concrete mixing plants, provided the principal ingredient is gravel mined on the premises where the plant is located, and operated from an active, licensed mining operation. Upon the exhaustion of the substance being mined for the aggregate, all mixing apparatus and equipment and other buildings and structures accessory thereto shall be removed from the premises. 8.1-3. Uses Expressly Prohibited: Uses prohibited in the R1 district are prohibited in the F district. (Ord. 78-79, 1 9, 6-13-1978; Ord. 79-229, 7, 9, 12-11-1979; Ord. 80-37, C D 6, 7, 3-13-1980; Ord. 82-66, 5-11-1982; Ord. 92-187, 9-8-1992; Ord. 92-214, 10-13-1992; Ord. 93-338, 12-14-1993; Ord. 94-79, 4-12- 1994; Ord. 97-240, 9-9-1997; Ord. 02-81, 3-12-2002; Ord. 07-299, 9-11-2007) http:l{www.sterlingcodifiers.coin/IL/Kane°%20County/38008000001000000.htin 11/4/2008 11.2-1. Permitted Uses: Page 1 of 1 11 .2-1 . Permitted Uses: ► '�fz '�' IWA��15 In the I districts any use is permitted except the following: a. Residences and apartments, except those required for watchmen or attendants whose continual presence on the premises is necessary. In this connection, trailers or mobile homes shall not be permitted. b. Taverns, roadhouses, refreshment stands, restaurants and other retail establishments selling or serving, or both selling and serving, alcoholic liquors or beer at retail. c. Dance halls and rollerskating rinks. d. Garbage disposal. e. Mining of topsoil, earth, clay, gravel, peat, sand and stone, unless approved as provided in subsection 8.1-2p of this appendix. f. Storing or disposal of junk, motor vehicles not in a self-propelling, self-operative condition, or motor vehicle parts, outside of any fully enclosed building, except that such use may be permitted within an area that is completely screened by a solid wall or uniformly painted solid fence at least eight feet (8') in height. Said vehicles or parts thereof, or junk, shall not be stored to a height greater than that of the enclosing wall or fence. Setback requirements for such walls or fences shall be in accordance with section 7.5-3 of this appendix. Such use shall require the approval of the county board as a special use after a duly advertised public hearing before the zoning board. g. Wrecking or dismantling of motor vehicles, unless conducted in accordance with subsection f of this section. h. Any manufactory, industry, process or use that is detrimental to health, or to neighboring property, by reason of the emission of odor, dust, gas, smoke, noise, vibration or glare, or which is hazardous to life or property. i. Tourist courts, motels or trailer parks. j. Racetracks. k. Advertising signs, billboards, and business signs exceeding the limits set in subsections 10.2-1 b and 10.2-2f of this appendix. 1. Asphalt plants. (Ord. 88-62, 5-10-1988; Ord. 02-168, 6-11-2002) http://www.sterlingeodifiers.com/IL/Kane°/o2OCounty/38011000008000000.htm 11/4/2008 6-8C-3: CONDITIONAL USES: Pagel oft 6-8C-3: CONDITIONAL USES: This section has been affected by a recently passed ordinance, ORDINANCE NO. 08 - 078: TELECOMMUNICATIONS FACILITIES. Go to new ordinance. The following conditional uses may be permitted in specific situations in accordance with the procedures outlined in section 6-3-8 and chapter 4 of this title, as appropriate: 1. Airports and heliports. 2. Air, motor, and railroad freight terminals. 3. Asphalt products manufacture. (Ord. 80-5, 1-21-1980) 4. Athletic training facilities. 5. Automobile service stations, repair facilities, and car washes used in conjunction with an automobile service station. 6. Boiler and tank manufacturing. 7. Brick and structural clay products manufacture. 8. Bulk storage of petroleum products. 9. Car washes. 10. Chemical and processing manufacture. 11. Concrete mixing plants. 12. Eating and drinking establishments. 13. Feed mills. 14. Foundries and forge plants. 15. Fuel and ice sales. 16. Garages for storage, repair, and servicing of motor vehicles, including body repair, painting and engine rebuilding. 17. Grain storage and processing. 18. Health clubs/gymnasiums, as accessory use of a planned unit development when the primary use is one or more of the permitted uses. 19. Heavy machinery production. http:l/www.sterlingcodifiers.com/IL/Naperville/08008003000003000.htin 11/4/2008 6-8C-3: CONDITIONAL USES: Page 2 of 2 20. Junkyards and automobile graveyards. 21. Leather tanning and processing. 22. Meatpacking. 23. Metal reduction and refinement. 24. Metal stamping. 25. Mining operations. 26. Petroleum products processing and storage. 27. Petroleum refining. 28. Planned unit developments. 29. Public and private utility facilities. (Ord. 06-225, 9-19-2006) 30. Recreation and social facilities, excluding nursery schools, preschools, daycare centers, student learning centers and training studios unless accessory to a permitted use and excluding those uses defined as public assembly uses in section 6-2-29 of this title. (Ord. 07-187, 8-6-2007) 31. Rubber processing and manufacture. 32. Stadiums. 33. Steel manufacture. 34. Stone products manufacture. (Ord. 06-225, 9-19-2006) 35. Telecommunications facilities as required by chapter 13 of this title. (Ord. 08-078, 4-15- 2008) 36. Public assembly uses per section 6-2-29 of this title. (Ord. 07-187, 8-6-2007) 37. Pet care establishments, when the principal use of the building, structure or premises. Outdoor areas may be permitted. All outdoor activity shall be conducted as described in section 6-2-25, "Animal Hospital And Pet Care Establishment Regulations", of this title. (Ord. 08-035, 2-19-2008) http://www.sterlingcodifiers.com/IL/Naperville/08008003000003000.htm 11/4/2008 6-3-8: CONDITIONAL USES: Pagel of 4 6-3-8: CONDITIONAL USES: 1.Authority: The development and execution of this title is based upon the division of the city into zoning districts within which districts the use of buildings, structures and land, and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon adjacent land and of the public need for the particular use in the particular location. The city council, after receiving a report from the plan commission containing its findings and recommendations, may allow a conditional use and any variance requested in connection therewith in a particular zoning district or districts. (Ord. 03-105, 5-6-2003) 2.Standards For Conditional Uses: The commission shall not recommend nor the city council grant a conditional use in a particular zoning district or districts unless it shall make findings based upon the evidence presented to it in each specific case that: 2.1. The establishment, maintenance or operation of the conditional use will not be detrimental to, or endanger the public health, safety and general welfare; and 2.2. The conditional use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood; and 2.3. The establishment of the conditional use will not impede the normal and orderly development and improvement of the adjacent property for uses permitted in the district. (Ord. 80-5, 1-21-1980) 3.Procedures For And Effective Period Of Applications For Conditional Uses: 3.1. An application for a conditional use shall be processed in accordance with the provisions of section 6-3-9 of this chapter. 3.2. An application for a conditional use shall be valid for a period of two (2) years from the date on which the application is filed with the department of community development. 3.3. Any application for a conditional use which is not processed completely in accordance with city ordinances and regulations, including the preparation and approval of required ordinances, within said two (2) year period, shall automatically lapse and become null and void without further action by the city. 3.4. The department of community development shall send written notice to the last known property owner of record at least thirty (30) days before any application for a conditional use shall lapse. 3.5. Upon the applicant's request, the city council may grant a one year extension to the application period. 3.6. After an application for a conditional use has lapsed, all fees paid by the applicant shall be forfeited, and any subsequent application for a conditional use shall be accompanied by http://www.sterlingcodifiers.com/IL/Naperville/08003000000008000.htm 11/412008 6-3-8: CONDITIONAL USES: Page 2 of 4 the fees required by this code. (Ord. 97-205, 12-2-1997) 4.Initiation Of Conditional Use: A conditional use may be proposed by a person being the owner, lessee or contract purchaser of the subject property. (Ord. 80-5, 1-21-1980) 5.Decision Of The City Council: After recommendation by the plan commission, the city council may, by ordinance, grant or grant with modification, the conditional use. If the city council does not approve of a conditional use after recommendation by the plan commission, it may deny the conditional use or refer the proposed conditional use back to the plan commission for further consideration. If the city council does not concur with the recommendation of the plan commission to deny, the favorable vote of five (5) members of the city council shall be necessary to pass an ordinance granting the conditional use. (Ord. 95-237, 11-7-1995) 6.Conditions And Restrictions: The plan commission may recommend and the city council may impose conditions and restrictions upon the premises benefited by a conditional use as may be necessary to comply with the standards set forth in this section. If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the conditional use is utilized or in effect. Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed land use. Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this section for conditional uses. (Ord. 80-5, 1-21-1980) 7.Effective Period Of A Conditional Use: The granting of a conditional use shall be authorized for only one specific conditional use. 7.1. No conditional use shall be valid for a period longer than two (2) years from the date of the ordinance granting the conditional use unless a building permit is obtained within such period and the erection or alteration of a building or structure is started or the use is commenced within such period. If the conditional use is not utilized for any continuous period of two (2) years, said conditional use shall, to the extent of such nonutilization, become void. 7.2. Upon voiding of the conditional use, the parcel of land shall conform to the permitted uses and other regulations of the zoning district in which it is located unless an amendment or other conditional use is applied for and granted. This section shall be applicable to all conditional uses except planned unit developments for which the provisions of chapter 4 of this title shall apply. 7.3. Where conditions have not substantially changed since the date on which the conditional use was authorized, the owner of a parcel for which a conditional use has been authorized may, within one year prior to expiration of said conditional use, request the city council to extend the effective period of said conditional use for no more than one additional period of up to one year without reapplication to the ZBA or plan commission. http://www.sterlingcodifiers.com/IL/Naperville/08003000000008000.htm 11/4/2008 6-3-8: CONDITIONAL USES: Page 3 of 4 (Ord. 95-122, 6-20-1995) 8.Changes To Approved Conditional Uses: A conditional use shall be constructed/established in accordance with the approved plan attached to the ordinance which granted the conditional use. The site plan referenced in the ordinance shall control and limit the use of the parcel of land (including the general internal use of buildings and structures) and the location of buildings and structures approved as part of the conditional use request. Changes to the conditional use shall be considered to be either a major change or a minor change. 8.1. Major Changes: Major changes are modifications which alter the concept or intent of the conditional use. Any one of the following shall be considered a major change to a conditional use. These changes shall include: 8.1.1. Greater than a ten percent (10%) cumulative increase or decrease of the total gross floor area for the conditional use based on the first site plan approved for a specific conditional use, or any request to exceed the maximum FAR permitted in the underlying zoning district; 8.1.2. Greater than ten percent (10%) increase in the height of any structure or any request to exceed the maximum height permitted in the underlying zoning district; 8.1.3. A greater than ten percent (10%) cumulative increase or decrease in the number of parking stalls based on the first site plan approved for a specific conditional use, or any request which reduces the amount of parking provided to less than that required by off street parking regulations for the specific use per section 6-9-3 of this title; 8.1.4. Greater than ten percent (10%) reduction in the setback of buildings or parking areas or any reduction in setbacks that result in a setback less than the minimum required in the underlying zoning district; 8.1.5. Significant changes to the parking location and access plan for the site (i.e., relocation of parking to areas previously planned for buildings or other uses); and 8.1.6. Changes in the landscape plan that result in a variance from the landscaping regulations and/or negatively impact the surrounding property owners, provided however, the substitution of plant species which provided a more dense buffer to adjacent properties than those originally approved shall be considered as minor changes. 8.2. Combined Changes: Notwithstanding the foregoing, combinations of two (2) or more changes of the nature described in the preceding subsection which individually do not constitute a major change, shall be considered to be a major change to the conditional use. 8.3. Minor Changes: Minor changes are those changes not defined as major changes and which do not alter the concept or intent of the conditional use. 8.4. Procedure For Amending A Conditional Use: 8.4.1. An application for a major change to a conditional use shall be processed in http://www.sterlingeodifiers.com/IL/N aperville/08003000000008000.htm 11/4/2008 6-3-8: CONDITIONAL USES: Page 4 of 4 accordance with the provisions of section 6-3-9 of this chapter. (Ord. 97-59, 5-6-1997) 8.4.2. An application for a minor change to a conditional use may be approved without the review and recommendation of the plan commission. This provision shall not prohibit the city council from requesting the plan commission for its review and recommendation, and/or a public hearing. 8.4.3. Upon application for a minor change to a conditional use, the applicant shall give written notice to the owners of record of all lots located within two hundred fifty feet (250') of the subject property, exclusive of public rights of way. 8.4.3.1. Such notice shall conform to the requirements of section 6-3-9 of this chapter and shall be given no more than thirty (30) days, nor less than fifteen (15) days prior to the city council meeting at which time the application will be considered. 8.4.4. The applicant's notarized affidavit swearing that the required notices have been mailed shall be filed with the city cleric. (Ord. 98-97, 7-7-1998) http:{/www.sterlingeodifiers.com/IL/Naperville/08003000000008000.htm 11!4!2008 37-1002.2: CONDITIONAL USES: ��� Page 1 of 2 37-1002.2: CONDITIONAL USES: The following conditional uses require prior approval after a public hearing in accordance with the requirements of section 37-1413 of this chapter: Airports and heliports, need not be enclosed, need not comply with performance standards. Amusement arcades in conjunction with class C restaurants, need not comply with performance standards. Automobile salvage and crushing, shredding, and storage of junked vehicles, including the operation of scrap metal establishments engaged in the processing of scrap metal for resale, need not be enclosed. Automobile service stations, need not be enclosed. Bakeries exceeding five thousand (5,000) square feet of building area, need not comply with performance standards. Boiler and tank manufacturing. Bulk storage of chemical or petroleum products, need not be enclosed. Car and truck laundries, (public). Concrete and/or asphalt batching plants, need not be enclosed. Damaged vehicles (temporary storage) where damaged vehicles, machinery, boats, or equipment drawn or operated by attaching motor vehicles or other mechanical units are stored for periods of time not to exceed ninety (90) days and where no service, maintenance or salvage activities are performed. Damaged vehicles stored may be auctioned on site, need not be enclosed. Development of uses which disturb a regulatory floodplain and/or a wetland pursuant to section 37-423 of this chapter. Drive-in and drive-through establishments. Freight terminals including air, motor and railroad. Mining, loading and hauling of sand, gravel, topsoil, or other aggregate, including equipment, buildings, or structures for screening, crushing, washing and storage, need not be enclosed. Municipal solid waste transfer facility/waste transfer station. Open storage. Any open storage of manufactured goods, or equipment or materials, including storage of commercial vehicles and equipment, need not be enclosed. http://www.stertingeodifiers.com/IL/DuPage°/o2OCounty/38010002000013000.htm 11/4/2008 37-1002.2: CONDITIONAL USES: Page 2 of Planned developments. Private utilities. Public garages. Race tracks, need not be enclosed. Recreational and social facilities: Clubs, lodges, and fraternal organizations. Community theaters, amateur. Health clubs. Private membership clubs. Private parks. Swim clubs, need not be enclosed. Tennis, handball, and racquetball clubs and similar sports activities, need not be enclosed. Sanitary landfills. Stadiums, auditoriums, arenas and armories. Theaters, automobile drive-in. Other uses: Other industrial uses similar in nature and intensity of the permitted uses listed in section 37-1002.1 of this chapter. (2005 Code) http:/l www.sterlingeodifiers.com/1L/DuPage%2OCounty/38010002000013000.htm 11/4/2008 6 (c) Accessory uses. (1) Those customarily incidental to the above uses. (2) Signs; per regulations in Article VIII. (3) Communication devices; per regulations in Section 6.02. (d) Special uses. (1) Any use allowed as a Special Use in the M-1 District. (2) Automobile wrecking yards and junk yards. (3) Mining, loading and hauling of coal, clay, sand, gravel, topsoil or other aggregate or minerals, and oil or gas well drilling, including equipment, buildings, or structures, for screening, crushing, mixing, washing, or storage, provided that: a. No excavation shall take place within forty (40) feet of any property line. b. All buildings or structures,for screening, crushing,washing, mixing, or storage are located not less than five hundred (500) feet from an existing residence or any Residential District established by this Ordinance. C. A plan of development for the reclamation of the land is provided as part of the application for a special use permit. d. Buildings, structures, equipment and operations for processing on the premises material secured by such uses shall be allowed only when authorized by the City Council and provided the operations shall conform with performance standards set forth in the M-2, Manufacturing District. (4) Adult use, only in the area east of West Street in the district along the Illinois River. (e) Minimum lot area: Forty thousand (40,000) square feet. (f) Minimum lot width: Two hundred (200) feet. (g) Floor area ratio: Not to exceed 0.65. -125- CHAPTER 19.66 SURFACE MINING AND RECLAMATION PLAN REGULATIONS Section: 19.66.010 PURPOSE AND INTENT 19.66.020 INCORPORATION OF SMARA AND STATE REGULATIONS 19.66.030 APPLICABILITY 19.66.040 EXEMPTIONS 19.66.050 CONTENTS OF APPLICATIONS FOR CONDITIONAL USE PERMITS FOR SURFACE MINING OPERTIONS AND RECLAMATION PLANS 19.66,060 PROCESSING 19.66.070 PERFORMANCE STANDARDS FOR RECLAMATION PLANS 19.66.080 PHASING OF RECLAMATION 19.66.090 FINDINGS FOR APPROVAL 19.66.100 FINANCIAL ASSURANCES FOR RECLAMATION PLANS 19.66.110 INSPECTIONS 19.66.120 INTERIM MANAGEMENT PLANS 19.66.130 TIME LIMITED FOR COMMENCEMENT OF USE OF CONDITIONAL USE PERMIT FOR SURFACE MINING OPERATIONS 19.66.140 VIOLATIONS AND PENALTIES 19.66.150 FEES 19.66.010 PURPOSE AND INTENT The City of Perris recognizes that the extraction of minerals is essential to the continued economic well-being of the City and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The City also recognizes that surface mining takes place in diverse areas where geologic, topographic, climatic, biological, and social conditions are significant and therefore, may vary accordingly. The purpose and intent of this Chapter is to regulate surface mining operations as authorized by California's Surface Mining and Reclamation Act (SMARA) of 1975 (P.R.C. Sec. 2710 et seq.), as amended, hereinafter referred to as SMARA: P.R.C. Section 2207; and the California Code of Regulations adopted pursuant thereto (14 Cal. Admin., S. Sec. 3500 et seq.), to ensure that: A. Prevent Adverse Effects The adverse effects of surface mining operations will be prevented or minimized and that the reclamation of mined lands will provide for the beneficial, sustainable long-term productive use of the mined and reclaimed lands. B. Encourage Production and Conservation 19.66- 1 (':1lnetpuhlwwwaxntipemstiLix:al PdesTlammng\hnk from main page to Chapter 19 zoning codetl9,66 surface mimmitg&rec pl reg revAw The production and conservation of minerals will be encouraged while eliminating hazards to public health and safety and avoiding or minimizing adverse effects on the environment, including but not limited to geologic subsidence, air pollution, water quality degradation, damage to biological resources, flooding, eroding, degradation of scenic quality, and noise pollution 19.66.020 INCORPORATION OF SMARA AND STATE REGULATIONS The provisions of the California Surface Mining and Reclamation Act of 1975 (P.R.C. Sec. 2710 et seq.), P.R.C. Section 2207, and the California Code of Regulations implementing the Act (14 Cal. Admin., Sec 3500 et seq.), hereinafter referred to as the state regulations, as either may be amended from time to time, are made a part of this Chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this Chapter are more restrictive than conflicting state provisions, this Chapter shall prevail. 19.66.030 APPLICABILITY A. Requirements for Conditional Use Permit Unless exempted by provisions of this Chapter, an approved conditional use permit as provided under Chapter 19.61, CONDITIONAL USE PERMITS, of this Code shall be required for all surface mining operations in all zoning districts in which surface mining is allowed; and shall be required for the expansion or substantial change of operation of any surface mine for which such expansion or changes have not been thereby approved, including any operation which meets the definition of a "nonconforming use" pursuant to Chapter 19.08, DEFINITIONS. B. Requirement for Reclamation Plans A reclamation plan shall be required for all surface mining operations in all zoning districts in which surface mining is allowed, as well as for those portions of existing surface mining operations conducted after January 1, 1976, unless a reclamation plan was approved by the City prior to that date and the person submitting that plan has accepted responsibility for carrying out the plan. Nothing in this Chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted legally and in compliance with all applicable City regulations prior to January 1, 1976. 19.66.040 EXEMPTIONS 19.66-2 [:Inetpuh%wwwnxnlpemsTocal Files'TlannmgAink from main page to Chapter 19 Toning code,19.66 surface mtninmg&ree pi rcg rev.doc A. Reclamation Plan A reclamation plan shall not be required for any of the following activities: 1. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster(SMARA, Sec. 2714 (a)). 2. Prospecting or, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less (SMARA, Sec. 2714 (b)). 3. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose (SMARA, Sec. 2714 (c)). B. Other Such other surface mining operations what the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances (SMARA, See. 2714 (d)). 19.66.050 CONTENTS OF APPLICATIONS FOR CONDITIONAL USE PERMITS FOR SURFACE MINING OPERATIONS AND RECLAMATION PLANS A. Conditional Use Permit and Supplemental Application In addition to the conditional use permit (CUP) application required in Chapter 19.61 all applications for CUPS for surface mining operations shall contain the surface mining application supplement required by the Planning and Community Development Department. As many copies of the CUP and surface mining application supplement may be required shall be submitted to the Department of Planning and Community Development. B. Copies As many copies of the reclamation plan application as may be required shall be submitted in conjunction with all applications for CUPs for surface mining operations. For surface mining operations that are exempt from a CUP pursuant to this Chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. C. Environmental Forms Applications shall include the necessary environmental review forms and information prescribed by the Planning and Community Development Department. 19.66-3 (':I lnctpubtwwwn)ot%perrts�l.(xal Fdes\Planning�lmk from main page to Chapter 19 zoning code119,bb surrace trimming&ree pi reg rev doe D. Review for Completeness The Planning and Community Development Department will review the application package for completeness and shall, within 30 days after receipt, either accept the application as complete for the purpose of initiating permit processing or return the application as incomplete with an explanation of where the application is deficient. Resubmittal of the revised application is deficient. Resubmittal of the revised application shall start a new review time frame. 19.66.060 PROCESSING A. Notification Within 30 days of acceptance of an application for a conditional use permit for surface mining operations and/or a reclamation plan as complete, the Planning and Community Development Department shall notify the state geologist of the filing of the application(s) (SMARA, Sec. 2774 (e)0. Whenever mining operations are proposed in the 100 year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the Planning and Community Development Department shall also notify the State Department of transportation that the application has been received (SMARA, Sec. 2770.5). B. Environmental Review and Staff Review The Planning and Community Development Department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (CEQA) and the City's environmental review guidelines. Subsequent to the appropriate environmental review, the Planning and Community Development Department shall prepare a staff report with recommendations for consideration by the City Council. The City's staff review committee shall assist the Planning and Community Development Department in developing appropriate recommendations. C City Council Review and Approval The City Council shall hold at least once notice public hearing on the conditional use permit and/or reclamation plan. Prior to final approval of a reclamation plan, financial assurances (as provided in this Chapter), or any amendments to a reclamation plan, the City Council shall certify to the state 19.66-4 (':%Inetpub�wwwrcxrt}perris\Lixal FdesTlanrnng4tnk from main page to Chapter 19 zoning code%19.66 surface mimning S rec pl reg rev.doc geologist that the reclamation plan complied with the applicable requirements of the state regulations and submit the plan, assurances, or amendments to the state geologist for review (SMARA, Sec. 2774 (C)). The City Council may conceptually approve the reclamation plan before submittal to the state geologist. If a conditional use permit is being processed concurrently with the reclamation plan,the City Council may also conceptually approve the CUP at this time. However, the City Council may defer action on the CUP until taking final action on the reclamation plan. If necessary to comply with permit processing deadlines, the City Council may conditionally approve the CUP with the condition that the Planning and Community Development Department shall not issue the CUP for the mining operation until financial assurances have been approved by the state geologist and final action has been taken on the reclamation plan. The state geologist shall have 45 days to prepare written comments on the reclamation plan, if the state geologist chooses (SMARA, Sec. 2774 (d)). The City Council shall evaluate written comments received from the state geologist during the 45 day comment period. Staff shall prepare a written response describing the disposition of the major issues raised by the State for the City Council's approval. In particular, when the City Council's position is at variance with the recommendations and objections raised in the state geologist's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted (SMARA, Sec. 2774 (d)). Copies of any written comments received and responses prepared by the City Council shall be promptly forwarded to the operator. D. Final Action The City Council shall then take final action to approve, conditionally approve or deny the conditional use permit and/or reclamation plan. The Planning and Community Development Department shall forward a copy of each approved conditional use permit for mining operations and/or approved reclamation plan to the state geologist. E. Annual Reports Surface mining operators shall forward an annual status report to the state geologist and City Planning and Community Development Department on a date established by the state geologist upon forms furnished by the State Mining and Geology Board (P.R.C. Sec. 2207 (a}--(g)). 19.66.070 PERFORMANCE STANDARDS FOR RECLAMATION PLANS A. Minimum Standards 19.66-5 CNInclpuh\wwwroocperos�Local FiletiTianninglink from main page to Chapter I9 zoning code�l9.hh surrace mminmg&rec pl reg rev.doc All new or revised reclamation plans shall conform to minimum statewide performance standards required pursuant to SMARA Section 2773 (b), as adopted by the State Mining and Geology Board, including but not limited to wildlife habitat, backfilling, re0vegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage and waste management. B. Additional Standards The City of Perris may impose additional performance standards developed either in review of individual projects, as warranted or through the formulation and adoption of City-wide performance standards. 19.66.080 PHASING OF RECLAMATION Phasing of reclamation (see also, Sec. 9.60.120, Interim Management Plans for Idle Mining Operations). Reclamation activities shall be phased with respect to the phasing of the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance (SMARA, Sec. 2772 (f)). Interim reclamation may also be required for mined lands that have been disturbed and will be disturbed again in future operations. Reclamation may be done on an annual basis, or in stages compatible with continued operations, or on completion of all excavation, removal or fill as approved by the City. Each phase of reclamation shall be specifically described in the reclamation plan and shall include: The beginning and expected ending dates for each phase; all reclamation activities required; criteria for measuring completion of specific reclamation activities; and estimated costs as provided in Section 19.66.100 (Financial Assurances). The City shall approve the reclamation schedule. 19.66.090 FINDINGS FOR APPROVAL A. General Compliance In addition to the findings for approval of conditional use permits contained in Chapter 19.54 of this code, approval of conditional use permits for surface mining operations shall include a finding that the project complies with the provisions of state regulations. B. Reclamation Plans For reclamation plans, the following findings shall be required: 1. That the reclamation plan complies with Section 2772, 2773 and 2773 .1 of SMARA and any other applicable provisions. 2. That the reclamation plan complies with applicable requirements of the state regulations (14 Cal Admin., Sec. 3500 et seq.). 19.66-6 (':'.InetpuhkwwwrwWperns•Local Files,Planning,Iink from tnain page to Chapter 19 zoning codce 19.66 surface mmmtng&rec pl reg rev.doc 3. That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this Chapter and the City's General Plan and any applicable resource plan or element. 4. That, through the reclamation plan, all significant adverse impacts on lands to be reclaimed as a result of the surface mining operations are mitigated to the maximum extent feasible. 5. That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with and blends with the surrounding natural environment, topography and other resources, or that suitable off-site development will compensate for related disturbances to resource values. 6. That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan. 7. That a written response to the state geologist has been prepared, describing the disposition of major issues raised by the state geologist. Where the City's position is at variance with the recommendations and objections raised by the state geologist, said response shall address, in detail, why specific comments and suggestions were not accepted (SMARA, Sec. 2772 (d)). 19.66.100 FINANCIAL ASSURANCES FOR RECLAMATION PLANS A. Securities In order to ensure that reclamation will proceed in accordance with the approved reclamation plan, the City shall require as a condition of approval one or more forms of security which will be released upon satisfactory performance. The applicant may post security in the form of a corporate surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, a certificate of time deposit as part of an approved trust fund, or other method acceptable to the City and the state geologist as specified in statewide regulations adopted by the Mining and Geology Board. Financial assurances shall be made payable to the City of Perris and the state geologist (SMARA, Sec. 2773.l (a) (4)). B. Utilization of Securities Financial assurances will be required to ensure compliance with elements of the reclamation plan including but not limited to re-vegetation and landscaping requirements; restoration of aquatic or wildlife habitat; protection of archaeological sites; restoration of water bodies and water quality; slope stability and erosion and drainage control; disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the plan shall be monitored by the Planning and Community Development Department. 19.66-7 (': Inetpub%wwwrcx)t'•perrisll.ox:al PdesTlanning%link from main page to Chapter 19 zoning code'1 9.66 surlace mimning S ree pl reg rev.do c C. Amount of Security, The amount of the financial assurances shall be based upon the estimated costs of reclamation for each year or phase stipulated in the reclamation plan, including any maintenance of reclaimed areas as may be required. Costs estimates shall be prepared by licensed engineers and/or other qualified professionals retained by the operator and approved by the Planning Director. Financial assurances may be based upon estimates including but not necessarily limited to the volume of earth moved (cubic yards) for each year or phase of reclamation. Financial assurances to ensure compliance with re-vegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration and reasonable profit by a commercial operator other than the permittee. D. Cost Projections In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by an operator and, consequently, the City or state may need to contract with a third-party commercial company for mobilization and reclamation of the site. E. Annual increments Where reclamation is accomplished in annual increments, the amount of financial assurances required for any one year shall be adjusted annually and shall be adequate to cover the full estimated costs for reclamation of any land projected to be in a disturbed condition from mining operations by the end of the following year. The estimated costs shall be the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation, as necessary, for any partially excavated areas in accordance with the reclamation plan. Financial assurances for each year shall be released upon successful completion of reclamation (including any maintenance required) of all areas that will not be subject to further disturbance and upon the operator filing additional financial assurances for the succeeding year. Financial assurances for all subsequent years of the operation shall be handled in the same manner. F. Multiple Year Increments Financial assurances for reclamation that is accomplished in multiple-year phases shall be handled in the same manner as described for annual reclamation. 19.66-8 C':,inclpuh,wwwrcxmperns+Local Files%planning\link from main page to Chapter 19 inning co de\19.66 surface mimmng&rec pi reg rev.do e 19.66.1 l 0 INSPECTIONS The Planning and Community Development Department shall arrange for inspection of a surface mining operation within 6 months of receipt of the annual report required in Section 9.60.050, to determine whether the surface mining operation is in compliance with the approved conditional use permit and/or reclamation plan, and the state regulations (SMARA, Sec. 2774 (b)). In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by7 a state calendar year. Said inspections may be made by a state- registered geologist, state-registered civil engineer, state-licensed landscape architect, state registered forester or other qualified specialists, as selected by the Planning and Community Development Department. All inspection shall be conducted using a form provided by the State Mining and Geology Board. The Planning and Community Development Department shall notify the state geologist within 30 days of completion of the inspection that the inspection has been conducted and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection. 19.66.120 INTERIM MANAGEMENT PLANS A. Submittal of Interim Plans Within 90 days of a surface mining operation becoming idle, as defined in Chapter 19.08, DEFINITIONS, the operator shall submit to the Planning and Community Development Department an interim management plan (SMARA, Sec. 2770 (h)). Financial assurances for idle operations shall be continued as addressed in the reclamation plan or as otherwise approved through the idle mine's interim management plan. B. City Council Review Within 60 days of receipt of the interim management plan, or a longer period mutually agreed upon by the Planning and Community Development Department and the operator, the City Council shall review and approve or deny the plan in accordance with this Chapter. The operator shall have 30 days or a longer period mutually agreed upon by the operator and the Planning and Community Development Department to submit a revised plan. The City Council shall approve or deny the revised interim plan within 60 days of receipt. C. Duration The interim management plan may remain in effect for a period not to exceed 5 years, at which time the City Council may renew the plan for 19.66-9 (:,lne4)ub'wwwroot%gems%Local FilesTlanningUmk from main page to Chapler 19 roving code%19.66 surface minoring&rec pi reg rev Atic another period not to exceed S years or require the surface mining operator to coirunence reclamation in accordance with its approved reclamation plan. 19.66.130 TIME LIMITED FOR COMMENCEMENT OF USE OF CONDITIONAL USE PERMIT FOR SURFACE MINING OPERATIONS The time limit for commencing a surface mining operation that is permitted pursuant to this Section shall be as provided in Chapter 19,6 1, CONDITIONAL USE PERMITS. 19.66.140 VIOLATION AND PENALTIES If the Planning and Community Development Department, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this Chapter, the applicable permit and/or the reclamation plan, the City shall follow the procedures set forth in SMARA, Sections 2774.l and 2774.s concerning violations and penalties, as well as those provisions of Section 19.61.060 for revocation and/or abandonment of a conditional use permit which are not preempted by SMARA. 19.66.160 FEES The City shall establish such fees as it deems necessary to cover the reasonable costs incurred implements this Chapter and the state regulations, including but not limited to processing of applications, annual reports, inspections, monitoring, enforcement and compliance. 19.66- 10 C:%[netpuhlwwwrootyxerris%Local Fde%\PlanningUhnk from main page to Chapter 19 zoning codeA9.66 surface mimning&rec pi reg rev.dty Ordinance No.315 Section 30.1 Page i or 17 Section 30.1 Surface Mining and Reclamation A. PURPOSE AND INTENT: The County of Trinity recognizes that the extraction of minerals is essential to the continued economic well-being of the County and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The County also recognizes that surface mining takes place in diverse areas where the geologic. topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly. The purpose and intent of this section is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA", Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "State regulations") for surface mining and reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Section 8, Subchapter 1, Sections 3500 et seq.), to ensure that: 1. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition, which is readily adaptable for alternative land uses. 2. The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment. 3. Residual hazards to the public health and safety are eliminated. B. DEFINITIONS: I. Abandon or Abandonment: Cessation of surface mining operations prior to completion of required reclamation, or to cease surface mining whether or not actual reclamation has commenced, or both. Unless review of an interim management plan is pending before the Planning Department, or an appeal is pending, a surface mining operation which remains idle for over one (1) year after becoming idle as defined in PRC Section 2727.1. without obtaining approval of an interim management plan shall be considered abandoned. 2. Area of Re0onal Significance: An area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the State within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance. Ordinance No.315 Section 30.1 Page 2 of 17 3. Area of Statewide Significance: An area designated by the Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the State and which, if prematurely developed for alternate incompatible land uses. could result in the permanent loss of minerals that are of more than local or regional significance. 4. Borrow Pits: Excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere. 5. Compatible Land Uses: Land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include. but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space. 6. Haul Road: A road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation. 7. Idle: Surface mining operations curtailed for a period of one year or more. by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. 8. Incompatible Land Uses: Land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential. low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial. 9. Indigenous Plants: plants occurring naturally in an area, not introduced. 10. Mined Lands: The surface, subsurface, and ground water of an area in which surface mining operations will be. are being. or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste. and areas in which structures, facilities. equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located. 11. Minerals: Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources. natural gas, and petroleum. Ordinance No.315 Section 30.1 Page 3 of 17 12. Onerator: Any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation. 13. Reclamation: The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion. and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backf lling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures. 14. Reclamation Plan: The plan of operations for a surface mine that describes the conduct and operating procedures for the mine during all phases of operation until reclamation has been deemed complete by the lead agency. 15. Stream Bed Skimming: Excavation of sand and gravel from streambed deposits above the mean summer water level or stream bottom. whichever is higher. 16. Surface Mininp, Operations: All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed. mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, inplace distillation or retorting or leaching, the production and disposal of mining waste. prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). C. INCORPORATION BY REFERENCE: The provisions of SMARA (ARC §2710 et seq,). PRC Section 2207, and State regulations CCR §3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this Section by reference with the same force and effect as if the provisions therein were specifically and fully set out herein. excepting that when the provisions of this Section are more restrictive than correlative State provisions, this Section shall prevail. D. Applicable Zoning Districts: Surface mines shall be allowed in any zoning district with approval of a use permit and reclamation plan, except for the following zoning districts: Single Family Residential (R-1): Duplex Residential (R-2); Multi-Family Residential (R-3): Highway Commercial (HC); Retail Commercial (C-1): General Commercial (C-2): and Heavy Commercial (C-3). Ordinance No.315 Section 30.1 Page 4 of 17 E. SCOPE: Except as provided in this Section, no person shall conduct surface mining operations unless a use permit, Reclamation Plan. and financial assurances for reclamation have first been approved by the County. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the County, including but not limited to, the application of CEQA, the requirement of other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this Section shall apply to all lands within the County. public and private. This Section shall not apply to the following activities. subject to the above-referenced exceptions: I. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster. 2. Onsite excavation and onsite earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping. or other land improvements, including the related excavation, grading. compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions: a. All required permits for the construction. landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act ("CEQA", Public Resources Code, Division 13. §21000 et seq.). b. The County's approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA. c. The approved construction project is consistent with the general plan or zoning of the site. d. Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued. Ordinance No.315 Section 30.1 Page 5 of 17 3. Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools. or other materials. including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions: a. The plant site is located on lands designated for industrial or commercial uses in the County's general plan. b. The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the County. c. None of the minerals being processed are being extracted onsite. d. All reclamation work has been completed pursuant to the approved Reclamation Plan for any mineral extraction activities that occurred onsite after January 1, 1976. 4. Prospecting for, or the extraction of. minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less over the life of the mine. 5. Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose. 6. Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances. 7. Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing. or restoring damage to property due to imminent or recent floods. disasters, or other emergencies. S. Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity. and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with State Mining and Geology Board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post-closure uses in consultation with the Department of Forestry and Fire Protection. This exemption does not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse. or to excavations for materials that are, or have been, sold for commercial purposes. Ordinance No.315 Section 30.1 Page 6 of 17 9. Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for. ongoing operations for the extraction of oil or gas that comply with all of the following conditions: (1) the operations are being conducted in accordance with Division 3 (commencing with Section 3000) of the State Mining and Geology Board's regulations; (2) the operations are consistent with the County's general plan or zoning applicable to the site; (3) the earthmoving activities are within oil or gas field properties under a common owner or operator; and, (4) no excavated materials are sold for commercial purposes. 10. An exemption under this ordinance does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the County. including but not limited to the application of CEQA (Public Resources Code Sections 21000 et. seq.), the requirement of use permits, grading permits, or other permits or the imposition of monitoring fees or exactions as may be permitted by law. 1 l. Any person desiring a determination of exemption from this Section may request such a written determination by submitting a complete written description of the proposed project or activity and its location together with a filing fee to the Planning Department. F. VESTED RIGHTS: No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, State regulations. and this section. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, he shall obtain County approval of a Reclamation Plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining. the Reclamation Plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976). No new vested right operations shall be recognized after January 2001. All other requirements of State law and this Section shall apply to vested mining operations. G. PROCESS: 1. Applications for a Use Permit and/or Reclamation Plan for surface mining or land reclamation projects shall be made on forms provided by the Planning Department. Said application shall be filed in accordance with this Section and procedures established by the Planning Director. Ordinance No.315 Section 30.1 Page 7 of 17 2. The forms for Reclamation Plan applications shall require, at a minimum. each of the elements required by SMARA (52772-2773) and State regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed Reclamation Plan, to be established at the discretion of the Planning Director. As many copies of the Reclamation Plan as may be required by the Planning Director shall be submitted to the Planning Department. 3. As many copies of a Reclamation Plan application as may be required shall be submitted in conjunction with all applications for Use Permits for surface mining operations. For surface mining operations that are exempt from a Use Permit pursuant to this Section, the Reclamation Plan application shall include information concerning the mining operation that is required for processing the Reclamation Plan. All documentation for the Reclamation Plan shall be submitted to the County at one time. 4. Applications shall include all required environmental review forms and information prescribed by the Planning Director and shall be accompanied by aerial photographs. The information shall include a site plan and benchmark elevations. These benchmarks shall be maintained throughout the life of the project. Applications for operations located in areas that may potentially be unstable due to geology, soils, or slope, and applications for operations located in areas with ultramafic soils or soils that may contain naturally occurring asbestos shall submit a geotechnical report that describes possible geological hazards and recommends mitigation to minimize potential impacts from any hazard identified. The geotechnical report shall meet the standards stated in Recommended Procedures for Implementation of DMG Special Publication 1 ]7: Guidelines for Analyzing and Mitigating Landslide Hazards in California, published by the American Society of Civil Engineering and Southern California Earthquake Center for slope stability analysis. Asbestos shall be evaluated as required by the Air Resources Board Guidelines. S. Upon completion of the environmental review procedure and filing of all documents required by the Planning Director, consideration of the Use Permit or Reclamation Plan for the proposed or existing surface mine shall be completed pursuant to Section 32 of the Trinity County Zoning Ordinance at a public hearing before the Planning Commission, and pursuant to Section 2774 of the Public Resources Code. b. Within thirty (30) days of acceptance of an application for a Use Permit for surface mining operations and/or a Reclamation Plan as complete, the Planning Department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, Ordinance No.315 Section 30.1 Page 8 of 17 and within one mile, upstream or downstream. of any state highway bridge. the Planning Department shall also notify the State Department of Transportation that the application has been received. Whenever mining operations are proposed within l mile, upstream or downstream, of any County bridge. the Planning Department shall also notify the Trinity County Department of Transportation that the application has been received. 7. The Planning Department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the County's environmental review guidelines. 8. Subsequent to the appropriate environmental review, the Planning Department shall prepare a staff report with recommendations for consideration by the Planning Commission. 9. The Planning Commission shall hold at least one noticed public hearing on the Use Permit and/or Reclamation Plan. 10. Prior to final approval of a Reclamation Plan, financial assurances (as provided in this Section), or any amendments to the Reclamation Plan or existing financial assurances, the Planning Commission shall certify to the State Department of Conservation that the Reclamation Plan and/or financial assurance complies with the applicable requirements of State law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The Planning Commission may conceptually approve the Reclamation Plan and financial assurance before submittal to the State Department of Conservation. If a Use Permit is being processed concurrently with the Reclamation Plan, the Planning Commission may simultaneously also conceptually approve the Use Permit. However, the Planning Commission may defer action on the Use Permit until taking final action on the Reclamation Plan and financial assurances. If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the Use Permit with the condition that the Planning Department shall not issue the Use Permit for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the Reclamation Plan and financial assurances. 11. Pursuant to PRC §2774(d), the State Department of Conservation shall be given 30 days to review and comment on the Reclamation Plan and 45 days to review and comment on the financial assurance. The Planning Commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Ordinance No.315 Section 30.1 Page 9 of' 17 Staff shall prepare a written response describing the disposition of the major issues raised by the State for the Planning Commission's approval. In particular. when the Planning Commission's position is at variance with the recommendations and objections raised in the State's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. 12. Copies of any written comments received and responses prepared by the Planning Commission shall be promptly forwarded to the operator/applicant. 13. The Planning Commission shall then take action to approve, conditionally approve, or deny the Use Permit and/or Reclamation Plan, and to approve the financial assurances pursuant to PRC §2770(d). 14. The Planning Department shall forward a copy of each approved Use Permit for mining operations and/or approved Reclamation Plan, and a copy of the approved Financial assurances to the State Department of Conservation. By July I of each year. the Planning Department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the Use Permit or Reclamation Plan amendments, as applicable. or a statement that there have been no changes during the previous year. 15. Reclamation Plan and Use Permit Amendments shall be submitted to the Planning Department for review and approval prior to implementation. Substantial deviations from the approved reclamation plan or use permit, as determined by the Planning Director. shall require Planning Commission approval. Minor amendments from the approved reclamation plan may be approved by the Planning Director. All amendments to reclamation plans shall be forwarded to the Department of Conservation for comment prior to approval. The Department of Conservation shall have 30 days to comment on the amendment prior to approval by the Planning Director or the Planning Commission. If an amendment is approved, the financial assurances shall be amended accordingly prior to implementation of the reclamation plan or use permit amendment. H. STANDARDS FOR RECLAMATION 1. All Reclamation Plans shall comply with the provisions of SMARA (§2772 and §2773) and State regulations (CCR §3500-3505). Reclamation Plans approved after January 15, 1993. Reclamation Plans for proposed new mining operations, and any substantial amendments to previously approved Reclamation Plans, shall also comply with the requirements for reclamation performance standards (CCR §3700-3713). Ordinance No.315 Section 30.1 Page 10 o[' 17 2. The County may impose additional performance standards as developed either in review of individual projects, as warranted. or through the formulation and adoption of Countywide performance standards. 3. Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation. removal, or fill, as approved by the County. Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include: a. the beginning and expected ending dates for each phase. b. all reclamation activities required, c. criteria for measuring completion of specific reclamation activities: d. estimated costs for completion of each phase of reclamation. 4. Reclamation shall commence within thirty (30) days after operations have ceased in any area which will not be subject to additional mining, or in any section of a mining operation which has become idle. unless an interim reclamation plan has been submitted to the County for review. I. STATEMENT OF RESPONSIBILITY: The person submitting the Reclamation Plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the Reclamation Plan. Said statement shall be kept by the Planning Department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Planning Department for placement in the permanent record, which is dated to correspond with the change in ownership. J. HOLD HARMLESS AGREEMENT: The mine operator and owner of the property to be mined shall sign an agreement which holds the County of Trinity and the State of California harmless from any and all claims, litigation, and damages, including costs of repair. related to and/or arising from environmental contamination from hazardous materials caused by the mining operations. The form of said document shall be approved by County Counsel prior to submittal. The Hold Harmless Agreement shall be submitted to the County prior to commencement of mining operations and shall become part of the permanent record for the mine operation. K. FINDINGS FOR APPROVAL: 1. Use Permits. In addition to any findings required by the Trinity County Zoning Ordinance, Use Permits for surface mining operations shall include a finding that the project complies with the provisions of SMARA and State regulations. Ordinance No.315 Section 30.1 Page I 1 of' 17 2. Reclamation Plans. For Reclamation Plans, the following findings shall be required: a. That the Reclamation Plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions; b. That the Reclamation Plan complies with applicable requirements of State regulations (CCR §3500-3505, and §3700-3713). c. That the Reclamation Plan and potential use of reclaimed land pursuant to the plan are consistent with this Section and the County's General Plan and any applicable resource plan or element. d. That the Reclamation Plan has been reviewed pursuant to CEQA and the County's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible. e. That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment. topography. and other resources, or that suitable off-site development will compensate for related disturbance to resource values. f. That the Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan. g. That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that Department. Where the County's position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted. h. That adequate financial assurances exist to implement the reclamation plan and any additional conditions of approval required by the use permit. L. CONDITIONS OF APPROVAL: All conditions of approval shall be incorporated into the operating plan and reclamation plan for the mining operation prior to commencement. The following conditions shall be incorporated as conditions of approval for use permits for every mining operation. 1. All mining operations and activities; method of mining and equipment used: and area to be mined shall be those described in the approved final reclamation plan. Ordinance No.315 Section 30.1 Page 12 of 17 The limits of the mine area (described in the Reclamation Plan, and identified on the aerial map included in the plan) shall be flagged and posted on the site and benchmarks shall be established. The mine operation boundaries and benchmarks shall be maintained throughout the life of the mine for easy identification during operations and annual inspections. 2. The reclamation plan shall be amended if site conditions, mining operations, or other activities necessitate a re-evaluation of mine operations and reclamation in relation to standards contained in Sections 3700 et. Seq. (Article 9. Reclamation Standards) of the California Code of Regulations, including any amendments to the standards. 3. A copy of the approved Reclamation Plan and all Use Permit conditions shall be maintained on the mine site during active mining operations. 4. Operations shall comply with all local, state and federal regulations. 5. Copies of all required local, state. and federal permits associated with the project, or verification that a permit is not required, shall be submitted to the Planning Department prior to mining operations. Subsequent updates of permits shall also be supplied to the Planning Department and shall be maintained as part of the active mine's file. 6. Materials Safety Data Sheets shall be maintained on site for all hazardous materials. A map showing the location of any hazardous materials storage areas shall also be maintained on site. A copy of this information shall be submitted to the Trinity County Planning Department and the local fire department. Absorbent materials for cleanup of hazardous materials shall be maintained on site at all times. The location of these materials shall be identified on the hazardous materials storage map. Any spillage of hazardous materials including fuels, lubricants. solvents. etc. shall be immediately contained. Cleaning materials and contaminated materials shall be disposed of according to state regulations. 7. Fuel storage on the project site shall be in approved fuel storages containers. All fuel storage containers shall have a non-permeable, secondary containment system. 8. Any other conditions deemed necessary by the Planning Commission. M. FINANCIAL ASSURANCES 1. To ensure that reclamation will proceed in accordance with the approved Reclamation Plan, the County shall require as a condition of approval security which will be released upon satisfactory performance. Ordinance No.315 Section 30.1 Page 13 of 17 The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the County and the State Mining and Geology Board as specified in State regulations, and which the County reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved Reclamation Plan. Financial assurances shall be made payable to the County of Trinity and the State Department of Conservation. 2. Financial assurances will be required to ensure compliance with elements of the Reclamation Plan, including but not limited to, revegetation and landscaping requirements. restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary. 3. Cost estimates for the financial assurance shall be submitted to the Planning Department for review and approval prior to the operator securing financial assurances. The Planning Director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within 45 days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the County has reason to determine that additional costs may be incurred. The Planning Director shall have the discretion to approve the financial assurance if it meets the requirements of this Section, SMARA, and State regulations. 4. The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved Reclamation Plan. including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities. and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates shall be prepared by a qualified professional, with experience in preparing financial assurance estimates. retained by the operator and approved by the Planning Director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved Reclamation Plan. the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved Reclamation Plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration. and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent (10%) shall be added to the cost of financial assurances. (hdinance No.315 Section 30.1 Page 14 o[' 17 5. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the County or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site. 6. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required). 7. The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation. and reclamation of lands accomplished in accordance with the approved Reclamation Plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year. 8. Revisions to financial assurances shall be submitted to the Planning Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required. 9. Financial assurances shall include the cost of removal of all structures and equipment associated with the surface mine operation. Salvage value for equipment and structures shall not be used in calculations for financial assurances. N. INTERIM MANAGEMENT PLANS I. Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Planning Department a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all Use Permit conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the Planning Department. and shall be processed as an amendment to the Reclamation Plan. IMPs shall not be considered a project for the purposes of environmental review. unless the IMP substantially deviates from the approved Reclamation Plan. Ordinance No.315 Section 30.1 Page 15 of 17 2. Financial assurances for idle operations shall be maintained as though the operation were active. 3. Upon receipt of a complete proposed IMP, the Planning Department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days prior to approval by the Planning Commission. 4. Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Planning Director and the operator, the Planning Director shall review and approve or deny the IMP in accordance with this Section. The operator shall have thirty (30) days. or a longer period mutually agreed upon by the operator and the Planning Director, to submit a revised IMP. The Planning Director shall approve or deny the revised IMP within sixty (60) days of receipt. If the Planning Director denies the revised IMP, the operator may appeal that action to the Planning Commission. 5. The IMP may remain in effect for a period not to exceed five years, at which time the Planning Commission may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved Reclamation Plan. O. ANNUAL REPORT REQUIREMENTS: Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the County Planning Department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within 30 days of permit approval. or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report. P. INSPECTIONS: The Planning Department shall arrange for inspection of a surface mining operation within six months of receipt of the Annual Report required in Section 12.14, to determine whether the surface mining operation is in compliance with the approved Use Permit and/or Reclamation Plan, approved financial assurances, and State regulations. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists. as selected by the Planning Director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. Ordinance No.315 Section 30.1 Page 16 of 17 The Planning Department shall notify the State Department of Conservation within thirty (30) days of completion of the inspection that said inspection has been conducted. and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection. Additional inspections may be performed by the Planning Department throughout the year. These inspections may be performed at the request of the operator, the Planning Department, or in response to a written complaint. Q. VIOLATIONS AND PENALTIES: If the Planning Director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this Section, the applicable Use Permit, any required permit and/or the Reclamation Plan, the County shall follow the procedures set forth in Public Resources Code. Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of the Trinity County Zoning Ordinance for revocation and/or abandonment of a Use Permit which are not preempted by SMARA. R. FEES: The County shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this Section and the State regulations, including but not limited to, processing of applications. annual reports, inspections. monitoring. enforcement and compliance. Such fees shall be paid by the operator, as required by the County, at the time of filing of the Use Permit application, Reclamation Plan application, and at such other times as are determined by the County to be appropriate in order to ensure that all reasonable costs of implementing this Section are borne by the mining operator. Inspection fees shall be due and payable within 90 days of the inspection date. Failure to pay inspection fees shall be grounds for revocation of the use permit, in addition to any other remedies available to the County. S. MINERAL RESOURCE PROTECTION: Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board. as well as existing surface mining operations that remain in compliance with the provisions of this Section, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing. to the extent possible for consistency with the County's General Plan. In accordance with PRC §2762, the County's General Plan and resource maps will be updated to reflect mineral information {classification and/or designation reports} within 12 months of receipt from the State Mining and Geology Board of such information. Ordinance No.315 Section 30.1 Page 17 of 17 Land use decisions within the County will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development proJects to minimize potential conflicts. SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Supervisors hereby declares that it would have adopted this ordinance and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrases be declared invalid. SECTION 4. This ordinance shall take effect and be in full force and effect thirty (30) days after its passage and before the expiration of fifteen (15) days after passage of this ordinance, it shall be published once in the Trinity Journal. a newspaper of general circulation published in the County of Trinity, State of California.