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Plan Commission Packet 2008 03-12-08 United City of Yorkville 800 Game Farm Road ESL ; ; 1833 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 ITT +V <GE IIV PLAN COMMISSION AGENDA Wednesday, March 12, 2008 City Council Chambers 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: --------------------------------------------------------------------------------------------------------------------- Public Hearings: Requested by Petitioners 1 . PC 2008-04 Raycorp, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning from the United City of Yorkville R-2 Duplex Two-Family District to the United City of Yorkville PUD to allow for uses allowable within the B-3 Service Business Zoning Classification. The real property consists of approximately 23.95 acres, located at 10312 Rt. 71 , Yorkville, Illinois, 60560. - Action Items i. Rezoning (R-2 Duplex to PUD) ii. Concept PUD Plan 2. PC 2008-03 The United City of Yorkville, Kendall County, Illinois, is considering amending Chapter 14 Section 10- 14.7 (B) 2. of the Yorkville Zoning Ordinance to require that the applicants are required to give notice to the owners or occupants of other properties that may be affected as determined by the Plan Commission. Action Items i. Amendment to Zoning Ordinance Staff requests a continuance of this item to the April 9, 2008 Plan Commission. 3. PC 2008-02 The United City of Yorkville, Kendall County, Illinois, is considering amending Chapter 7 Article A of the Yorkville Zoning Ordinance to change banks, credit unions and savings and loan associations from a permitted use to a Special Use and add Drive Through Facilities as a Special Use in the O Office Zoning District. Action Items i. Amendment to Zoning Ordinance Plan Council February 14,2008 Attendees: Brendan McLaughlin, City Administrator Stephanie Boettcher, Sr. Planner Dave Mogle, Director of Parks &Recreation Anna Kurtzman, Zoning Coordinator Eric Dhuse, Director of Public Works Charles Wunder, Urban Planner Travis Miller, Dir. Of Comm. Development Bill Dunn, EEI Sgt. Don Schwartzkopf, Yorkville Police Guests: Tony Graff, Graff Management& Development The meeting was called to order at 9:10 am by Travis Miller. There was a correction regarding Hattner's property Aux Sable Creek trail alignment link to the Jan. 24 minutes. Yorkville Town Center—Rezoninz,Amendment to PUD Travis Miller stated that this PUD plan was originally passed under the previous PUD ordinance. Currently the property is zoned R-2 duplex, and underlying zoning is special use. The formal request is for B-3 zoning,requiring a PUD amendment. Another option would be to zoning to a PUD,requiring the developer to add requirements not currently on the concept plan. Anna Kurtzman stated there is a corner of the property on the concept plan that is not part of the current rezoning application or the PUD. Bill Dunn concerns are geological and drainage issues on the property. There are significant wetlands in the northeast portion of the property. The City's new Wetlands Ordinance will place additional mitigation on the developer. Tony Graff recognizes the property is under an Army Corp permit for drainage and wetland issues. Wetland is .8 acres. Permit has been approved by the Army Corp. Options to explore are 1) mitigation bank and how to handle the storm water from Hughes/Pottinger farms. The developer is open to talking about future uses, incorporating language in the PUD amendment assuring the engineering would be according to the Corp permit and city standard. The developer would ask for a variance regarding the interior lot frontages calculations. The comprehensive plan recommends transitional uses for this area, and B-3 straight zoning is not consistent with that recommendation. Mr. Graff noted that this area is a neighborhood commercial node, as stated in the goals and objectives in the comprehensive plan. Potential square footage is a bit aggressive and he stated that 80-90,000 sq. ft. may be more reasonable, with fewer parking spaces. The potential for a gas station would be applied for as a special use. Straight zoning is a much larger risk to the city, and Mr. McLaughlin suggests that a commercial PUD amendment with strict usage to the developer. A concept PUD bubble plan is being considered,to be over-laid over the engineering plan. Mr. Graff stated the Army Corp would consider a"fee in lieu"instead of mitigating on the site. Travis Miller suggested the petitioner would go to the PUD requirements, stated with the identified uses. Property not part of the PUD should be taken out of the plan. The developer asks for the city to look at B-3 zoning,terracing the property. 1 The plan will be scheduled at: Feb. 26 City Council Public Hearing April EDC April 22 City Council Minutes submitted by Annette Williams 2 C1)- United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 ' w Telephone: 630-553-4350 s Fax: 630-553-7575 PC# APPLICATION& PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: Yorkville Town Center Date of Submission: February 15, 2006 Requesting: 0 Annexation atoning Planned Unit Development 0 Special Use: 1. Name of PeUtloner(s): Raycorp, Inc- Address: 16345 S. Harlem Ave., Suite 4 SW, Tinley Park, IL 60477 Phone Number: 708-429-6644 Fax Number. 70R-429-6686 Emall Address: jimb@raycorpinc.net Relationship of Petifioner(s)to subject property: 17owner 0 Developer 0 Contract Purchaser 2. Name of holder of legal title,if different from#1: Villas at the Preserve/Raycorp, Inc. If legal title is held In a Land Trust,list the names of all holders of any beneficial Interest therein: 3. a). (1). Street address and physical location of subject property: 10312 Rt 71 Yorkville IL 60560 1 4 mile west of the intersect on rate oade on the sout side of Rt 71 (R. Zoning ofsurrotlnd ng pane sr: North: 83 South: County Agricultral East: H3 West: County Agricultral b). Legal description of property;attach as Exhibit"A°. o). Total Acreage: 2a.95 Anrag d). Kendall County Parcel Number(s)of property: 05-08-201-002 & 05-05-400--010 e). Current Zoning Classification:Yorkville R-2 Duplex Two-Family Residence PVD District f). Zoning Classification Requested: vorkvilla E- Highway R,sinesA PUD g). Is this property within City limits? XX Yes No, requesting annexation Page 1 of 6 United City of Yorkville Awmation.PUD,Z•dting,9pecial Use Application Revised: 11/28/06 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 W, 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: 7, Does a flood plain exist on the subject property? 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 pefiflon 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 inquides regarding this petition may be directed: Tony Graff, Graff Management & Development , UC 1334 Walsh Dr . Yorkville, IL 60560 P 630-689-9217 f 630-553-3270 email graf£md @aol, can Attorney: Name: Schaln. Burney. Rose & Citron, Ltd . attn Robert Kenny Address: 222, ,N , LaSalle St . . Suite 1910 , .Chicago , IL 60601 Phone Number. 319-0432-0200 Fax Number. 312-3a2-4siA Email Address: rkanny @achai.nlaw, ccm Engineer. Name: MeritCorp , PC attu James Meier Address: 20 S . Main St . . Oswego , IL 60543 Phone Number. 630-554-6655 Fax Number, 630- 554-7788 Email Address: info merit-corp . com Land Planner: Name: MeritCorp , PC attn James Meier Address: 20 S . Main St . , Oswego , IL 60543 Phone Number: 630-554-6655 Fax Number: EmallAddress: info@merit-corp . com Page 2 of 5 United City of Yorkville Anoeaatioa,PUD,Zontn&8pccia1 Use Application Revised: 1//18106 10. Submit the following to the Deputy Clerk 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 "PeHtloner Route, Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets foided to fit in a 100x 134 envelope. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. In witness whereof the following petitioners) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed Is contiguous to the United City of Yorkville. Date; February 151 2008 P tloner(s) natu ( property owners signatures must appear on this application. Subs fore me this 1;5 tlh day of February 3 sHERNE A. MARROTTA r NDTNtYPOLi � THIS APPLICATION MUST BE NOTARIZED, Page 3 of '.. United City OfYorkvine Annezatlon,PUD,Zoning,epecial Use Application Revised: 11128106 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 Deputy Clerk a minimum of 45 days pdor to the targeted Plan Commission meeting. Petitioner Is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. "Fees: a. Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b. Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost of all land Improvements, to be determined by City Engineer. e. Planned Unit Development fee - $500 f. Engineering Review Deposit - up to 1 acre = $1 ,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $100000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres m: $2$ 00 over 10 acres = $50000 Note: OwnedDeveloper 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 OwnerlDeveloper not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4"' Thursday of the month at 9:30 a.m. in the City Administration Office. 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 Rep, Public Works Director, Director of Parks and Recreation, Fire Department Rep, 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 fourth Thursday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second 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. 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 feet 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 City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notfied. Page 4 of 5 '.. United City ofYorkvllle Ann"&Von,PUD,ZmWg&wial Use Application Revised; IIrAO6 Step 5 - only required for annexation agreements or PUD agreements: City Council public hearing: The City Council meets the fourth Tuesday of the month at 7:00 p.m, in the Council Chambers at City Hall, A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville In the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing, Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Step 6: Economic Development Committee and Committee of the Whole: The Economic Development Committee and Committee of the Whole meets the third 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 at the Committee of the Whole where no formal voting takes place. This session Is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the fourth 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 re he Deput C United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 80560. Date: "• Felaary 15 ,._ 2008 gna of Petitioner' ./ Page 50£5 United City o£Yodcv @e AnnexsdonYUD.Zonia&SPw1M Use Application Revised: t IM106 NSA Imeemp Imes 16345 S. Harlem Avenue, Suite 4-S.W. • Tinley Park, IL 60477 Phone (708) 429-6644 Fax (708) 429-6686 EXHIBIT A Legal Description of Property THAT PART OF THE SOUTHEAST h OF SECTION 5 AND THAT PART OF THE NORTHEAST '% OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS;COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 6 AS SHOWN BY A PLAT RECORDED IN PLAT BOOK 3 ON PAGE 65; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6 AND THE NORTHERLY LINES OF LOTS 7 AND 8 AS SHOWN ON SAID PLAT, 609.27 FEET; THENCE NORTHERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 48 DEGREES 47 MINUTES 08 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 967.66 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71 FOR A POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE LAST DESCRIBED COURSE, 967,66 FEET TO THE NORTHERLY LINE OF SAID LOT 8; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF LOT 8 AND THE NORTHERLY LINES OF LOTS 31 AND 10 OF SAID PLAT, 882.61 FEET TO THE EASTERLY LINE OF A 10 ACRE TRACT RESEVED IN A WARRANTY DEED FROM SILAS AND THANKFUL DYER, HUSBAND AND WIFE, TO CLEMENT DYER AND RECORDED IN BOOK 30 AT PAGE 548 ON MARCH 23, 18705 AND THEN CONCONVEYED TO GEORGE W. HARRIS BY WARRANTY DEED RECORDED IN BOOK 32 AT PAGE 90 ON DECEMBER 3, 1870; THENCE NORTHERLY ALONG SAID EASTERLY LINE, WHICH FORMS AN ANGLE OF 62 DEGREES 23 MINUTES 19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM), 1545.38 FEET TO SAID CENTER LINE OF ILLINOIS ROUTE NO. 71 ; THENCE EASTERLY ALONG SAID CENTER LINE, 1028.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY`, ILLINOIS COPYRIGHT©2007 IMeritCorp, PC SCALE: 1"=100' DRAWN BY: PAS NORM CONCEPT PLAN ,x„p,ucscncc CHECKED BY: TDR SEAL: RT. 71 AND RT. 47 YORKVILLE, ILLINOIS SITE DATA TABLE (NET ACREAGES REFLECT DEVELOPABLE AREA AFTER ANTICIPATED IMPROVEMENTS) EXPIRES 11130/08 ANCHOR/GROCERY 5.47 ACRES OUTLOTS 5.84 ACRES HUGHES PROPERTY 4.77 ACRES IN-LINE RETAIL 5.11 ACRES OPEN SPACE 2,90 ACRES PROPOSED FOUACCEE9 _ __ ____-_-__-_-__--___ _ _ - - - LANDSCAPE BUFFER 0.79 ACRES Fov� _ _ _ DETENTION AREA 2.38 ACRES ILLINOIS STATE ROUTE 77 TOTAL ACREAGE 27.24 ACRES BIEERAT pOPo8EO 810 0 - PROPOSED SIONAGE O"*'AT •I NDON88 PROPERIT O.IPAC. OUTLOT• O.JB AC. ¢81 Aa I qI [0G 6 - a �� HUGHEB PROPERTY LDEwc, DETENT80 ONAR6A OuTLOTa P. AP 2.39 pC. W Q O 2. LEGEND NUGNER PpOPERTY � 22 ANCHOR/GROCERY 293 AC. V LL a � OUTLOTS a INUNERVAIL C. ANGXO.41A.. EpY 3.11 AC. ,x'f JOAC.uL 8.9]AC. OPEN SPACE o xG eB IMw EORDILDINC IBTMpT GISS0.F APFA AREA 1iV'31ilW BPB', BI.BIO BF 13.000 BF C V a r LANDSCAPE BUFFER L Q o, HUGHES PROPERTY S R o n LIP IN-LINE RETAIL ` lM ACCESS y .BOON ONLY 0 O' DETENTION AREA `ANDSDAPE FEH SERVICE yI OpIVC ROADWAY Z 5 J_ IL Z 41 OPENSPACE 3.lO pc. A Z F a U e BOO 9 i { h CTNO. M07101 NO. �/� Yorkville Town Center Proposed Commercial Concept PUD Narrative Summary Neighborhood Retail Center RT 71 & Walsh Drive 23 +/- acres (03/05/08) Explanation of the General Character of the proposed PUD It is the stated goal of the "2005 Comprehensive Plan Update, Southern Study Area" ("Comprehensive Plan") that commercial land uses in the southern study area, in which this property is located, are intended to promote market-sensitive development of commercial uses within strategically located areas to efficiently, effectively, and conveniently serve the growing local population. The subject property is located proximate to the Route 47/Route 71 intersection. That intersection is developing as a commercial node for the southern portion of Yorkville located south of the river. Whereas, it was originally anticipated that the subject property would be an excellent transition development between the Forest Preserve and the commercial at the immediate corner of Route 47 and 71, the market has clearly dictated otherwise. The subject property is identified as a Transitional Neighborhood land use in the Comprehensive Plan. The Transitional Neighborhood land use contemplates a medium density residential setting which is part of a mix of residential uses within a master planned community. "These master planned communities can have neighborhoods of varying densities, open spaces and carefully integrated commercial uses. . . Transitional Neighborhood can be designed to provide intermediary space between lower density residential areas and non-residential areas allowing greater flexibility of development adjacent to areas subject to development pressures." Clearly Raycorp, Inc. attempted to build a project in accordance with the Comprehensive Plan. Raycorp sought and obtained final approval of the Villas at the Preserve medium density residential project. Raycorp constructed a model building and commenced an aggressive marketing campaign for over 1-1/2 years, including the construction of a model building to enhance the marketability of the project. What, in retrospect may have been lacking, was the fact that this property was not part of a larger master planned community. Where a mix of residential densities can exist and thrive in a master planned community; at this location, a single residential product did not. The market has clearly spoken: residential use on the last privately held property between the Route 47/71 intersection and the forest preserve property will not work. However, in reviewing the general area surrounding the property and in reviewing the commercial uses existing to serve the southern portion of the Yorkville community, it is clear that an anchored retail center will enhance the immediate area as well as the nearby community of southern Yorkville. Raycorp has focused its sights on a grocery store anchor for the project. Nearby residents have welcomed the thought of a grocery store south of the river. The balance of the commercial uses to be pursued will be retailers and other commercial users that do not presently serve the southern community of Yorkville. It is suggested that the subject property is a large enough commercial parcel to provide for an anchor tenant. The anchor tenant will be the difference between a more typical strip retail center that may experience vacancies from time to time, and retail space adjacent to the anchor that is able to feed off the anchor tenant's business. It is also expected that once the anchor tenant is up and operating, that the vacant commercial property located directly across Route 71 will benefit and will be able to be constructed and fill its stores. It is recognized that Route 71 is identified as one of the City's "gateway corridors". As such, Raycorp recognizes that compliance with the City's existing landscaping plan will be a crucial tool to enhance the Route 71 corridor. Raycorp has agreed to continue the bike trail system across the property's right of way (in compliance with IDOT requirements) to provide easy access to the adjacent Forest Preserve property. Raycorp also recognizes the benefit of Design Guidelines as set forth in the Appearance Code. Although the residential model building currently exists on the property, that building will be demolished if the B-3 zoning and Planned Unit Development are granted, and as such, the property will either meet or exceed the Building Design Guidelines for Unbuilt Sites. (See Chapter 15 Appearance Code.) Raycorp has had numerous conversations with the property owner to the east of the subject property (Hughes). Mr. Hughes and Raycorp understand the importance of integrating a commercial development across both properties. Similarly, Raycorp has discussed development integration with the Pottinger family to the south of the property. Discussions centered on shared access to Route 71 and Route 47 and shared easements for utilities and drainage. Raycorp is committed to working with the Pottinger and Hughes families to integrate, in the way most beneficial to all owners and the City, given the limitations of the topography of the properties. Finally, Raycorp has discussed the commercial development plans with the Forest Preserve. While the Forest Preserve is not interested in purchasing the subject property, Raycorp has offered and the Forest Preserve is interested in acquiring title (via transfer, assignment or sale) to what will be the southern triangle of the property which may consist of up to 3.5 to 4 acres. Raycorp has agreed to work with the Forest Preserve to screen the commercial buildings that will back up to the Forest Preserve on the west side of the property with berming and landscaping (such as conifer trees) to compliment the Forest Preserve, while other screening methods will be used along the balance of the west side of the subject property. Raycorp also agreed to install "night sky" lighting to minimize the glare experience on the Forest Preserve property to the west. One of the clear benefits from commercial development on this property is the expectation that the commercial development will warrant a traffic signal at the property's sole Route 71 access point which lines up with Walsh Drive across from the subject property. This traffic light will not only benefit traffic movements to and from the site onto Route 71, but also it will substantially enhance the safety and security of the residents in Sunflower Estates and Greenbriar Subdivisions who now have to negotiate 2 the hazards of the existing Greenbriar Road / Route 47 and Walsh Drive / Route 47 intersections that are not protected by a traffic signals at this time. A. Description of all land uses to be included in such district (including open space) with percentages of each use. The proposed PUD shall only consist of commercial uses. It is anticipated that the anchor retail tenant will comprise approximately 50% of the total square footage of the site (approximately 60,000 to 65,000 sq ft). Supporting in-line retail and outlets will make up the balance of the project. Raycorp is requesting as part of the Annexation Agreement and Planned Unit Development Agreement amendment, the right to up to at least four drive-through windows for the commercial users and at least one bank on an outlot. The detention pond is proposed to be located in the northwest corner of the property to provide further buffering to the Forest Preserve. B. Projected Densities for each Residential Use. As this project will be entirely commercial, this matter is not applicable. C. A Description of the Development Standards and Design Criteria Applicable to the Proposed Planned Unit Development. The Commercial project shall meet or exceed the Development Standards and Design Criteria contained in the City Codes, except as modified by the "First Amended Annexation Agreement and Planned Unit Development Agreement" D. An Outline Describing Why the Property Should be Developed as a Planned Unit Development. The Owner originally applied to rezone the Subject Property to B-3 in an effort to facilitate the marketing of the subject property for commercial uses. It was anticipated that at such time as a viable user was identified, then that user would obtain site plan or planned unit development approval. This strategy was originally pursued because the Owner has no current user for the property. However, Staff requested that we include a request for PUD with our application, which we have agreed to do. Therefore, we are also seeking Concept PUD approval for commercial use in the B-3 zoning district for the subject property. Given the history of the property and given the discernible topography, it is thought that a Planned Unit Development will provide helpful controls for the Owner and for the City. E. Identification of the Conventional Zoning Classification Allowing the Uses for Each land use type Included. The underlying zoning district for this project will be the B-3 Business Service District, similar to the B-3 zoning located immediately adjacent to the east of the subject property and located immediately across Route 71 from the subject property. F. A List of requested Exceptions to Applicable City Ordinances and Codes. 3 At this Concept PUD stage, the following requests for waivers are being requested: 1. Modification in the 30' buffer distance from the detention pond to allow an access road within the 30' area. 2. Private Roads within the development. 3. Modification of requirements required due to the property's topography. 4. Bike trail in the State Right of Way in accordance with IDOT standards. 5. Minimum of one freestanding bank. 6. Minimum of 4 drive-through windows. 7. Interior developable lots adjacent to private roads instead of the required public road standards as an allowance for building setbacks. 4 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 FAX: 630 / 466.9360 www.eelweb.com Engineering Enterprises, Inc. January 15, 2008 Mr. Joseph A. Wywrot, P. E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Yorkville Town Center Concept Plan Review United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed following materials submitted for the above-referenced project: • Concept Plan for Rte. 71 & Rte 47 prepared by MeritCorp, P.C. consisting of one (1 ) sheet dated December 28, 2007 • Application & Petition for Zoning dated December 28, 2007 • Application & Petition for Concept Plan Review dated December 28, 2007 GENERAL COMMENTS 1 . The proposed land use for this development, B-3 Highway Business, does not conform to the current Comprehensive Plan's land use designation for this area. The Comprehensive Plan designates this area as Transitional Neighborhood which would seem more appropriate with Harris Forest Preserve lying immediately west of this proposed development. 2. The existing P. U .D. Agreement for this property approves residential land use. The requested land use change would require an amendment to the P. U. D. Agreement. 3. The name and address of the owner or developer should be should be shown on the Plan. 4. The approximate dimensions and area of the parcel should be shown on the plan. Consulting Engineers Specializing in Civil Engineering and Land Surveying 5. Complete topography and existing contours should be shown in this Plan. All existing wooded areas, wetlands, watercourses and drainage ways should also be shown as should existing buildings, existing utilities and proposed utility extensions. 6. We know from previous reviews of this property that this site contains wetlands, drainage routes that bisect the property and areas where existing grades exceed normal design parameters. None of these features have been illustrated on the concept plan. Existing wetland areas are being shown as a developable out lot. No wetland mitigation areas are shown on the Plan. It does not appear that any of these factors have been considered during the preparation of this Concept Plan. 7. Improvements to IL Route 71 fall under the jurisdiction of the Illinois Department of Transportation and will be required of the developer. It is expected that these improvements will include the installation of traffic signals at the entrance to the subdivision as depicted on the concept plan. 8. Easements will be required to bring water and sanitary service to this parcel. Cross-access easements will also be required from the commercial property lying east of the subject parcel. SUMMARY If the proposed zoning for this property is deemed acceptable by the City, we recommend that the developer resubmit the concept plan, complying with the requirements set forth in the checklist found in Article 6.01 .01of the United City of Yorkville's Subdivision Control Ordinance. Additionally, special attention should be given to the comments listed above. If you have any comments regarding the above or require any additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P. E. Senior Project Manager PC: Brendan McLaughlin , City Administrator Travis Miller, Community Development Director Charles Wunder, Urban Planner Annette Williams, Administrative Assistant Jim Brown, Raycorp, Inc. James Meier, MeritCorp P.C. JWF/DRM, EEI G:lPublic\Yorkviller2008\Y00802 Yorkville Town Center\Doc\Iwywrotconceptol .doc ! ! ^ + JUM Now Pob i • ' ` ♦ ■ s • ! w o w • •%P•+r ■ 41F to a 10 IF O • - �IIIIIIIiIII rn►, n s: r 'f r 3 t� lk NOW R—M ON POP 1 Memorandum To: Plan Commission EST. ,:_. 1836 From: Travis Miller CC: Annette Williams (for distribution) 09� ® �� Date: March 5, 2008 Subject: PC2008-04 Yorkville Town Center (Rezoning) <CE Backeround The Plan Commission conducted a public hearing February 13, 2008 to consider a request to amend the zoning classification from R-2 Duplex to B-3 Service Business. The Plan Commission voted on a motion to recommend approval of rezoning R-2 Duplex to B-3 Service Business - 3 ayes; 3 no. Concerns raised by the Plan Commission February 13, 2008 included: • The B-3 Zoning classification is not consistent with the 2005 Comprehensive Land Use recommendation for Transitional Neighborhood; • Mitigation of existing wetlands on the property necessary to accommodate a B-3 zoning activity; • The properties adjacency to the County Forest Preserve property; and • Traffic concerns due to the relationship of the properties primary entrance and the existing entrance to the Sunflower Estates neighborhood. The Plan Commission also concurred with comments presented during the Public Hearing regarding the value of a citizens group input to the development plans for this property consisting of surrounding land owners and residents within the Sunflower Estate neighborhood. The petitioner has withdrawn the request for B-3 zoning classification and re-applied for PUD Zoning Classification with a Concept. PUD plan incorporating comments raised at the February 13, 2008 meeting. Comprehensive Plan Recommendations • The Comprehensive Plan Land Use Plan for the property recommends Transitional Neighborhood. • The Comprehensive Plan identifies Route 71 as a "gateway corridor." Given this distinction, attention should be given to the landscaping along this route along with providing trail/sidewalk to connect into the surrounding properties. Findings Necessary for a Zoning Amendment shall be based on the following: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11 -4-76) Staff Comments: • The property is currently regulated by the Villas at the Preserve PUD Agreement which includes residential/duplex use. Rezoning will require an amendment to the PUD Agreement. • Signage design and locations should also be addressed in the PUD by providing general guidelines and design theme. CC/py Memorandum EST. � 1836 To: Plan Commission From: Travis Miller Cc: Annette Williams (for distribution) Date: March 5, 2008 Subject: Special Use Zoning Ordinance Amendment for Financial Institutions and Drive Through Facilities 1. Financial Institutions Issue• As development of commercial land occurs in the City, it is important to monitor the mix of uses being established to ensure a healthy economic environment exists. Financial institutions are a critical part of the fabric of any economically healthy and diverse community. Banking branches, however, do not generate sales tax revenue for the City and typically locate facilities on prime commercial sites for the same reasons retailers locate there. Although, at this time, there is no evidence supporting a major concern of tax base erosion in Yorkville due to this occurrence, a heightened level of review and consideration for future financial institutions in the City would help to ensure a problem does not present itself in the future. Background : The Economic Development Committee (EDC) began discussing this issue in the early winter of 2007 and requested staff to prepare a land use policy to help guide decisions related to banking facilities. Staff researched surrounding communities in the Chicago region and found that a several communities have enacted various land use controls relating to the location and design of financial institutions. The EDC recommended the Financial Institution Location Policy which was approved February 26, 2008 and is attached for reference. In addition to this policy, staff recommended to the EDC that the Zoning Ordinance be amended to include financial institutions as Special Uses in order to have the ability to review proposed financial institutions proposed for land already annexed and zoned, which the policy would not impact. Currently banks, credit unions and savings and loans associations are permitted in the O Office, B- I Limited Business, B-2 General Business, B-3 Service and B-4 Business Zoning Districts as a permitted use. In recent years large numbers of financial institution "branch" facilities have become a characteristic of this commercial use. Currently there are eight financial institutions in the City of Yorkville. Three new financial institutions are under construction. All of them are either in the Route 47 or Veteran's Parkway corridors and are either zoned B-3 or B-4. 2. Drive Through Facilities Issue: The current City ordinances do not include regulation or guidelines for the location or design of Drive Through facilities. Drive through facilities, typically serving banks and restaurants, have unique qualities that justify a heightened design review and approval process due to on-site circulation and safety issues, as well as general aesthetic issues in situations when a drive through facility is oriented toward a major public road, for instance. Background: Commercial developments require site plan and engineering review prior to construction permitting. Currently, the City Engineer and plan review staff use best judgment related to the location and design of drive through facilities and often encourage petitioners to orient these facilities away from major public road viewsheds. Without regulation in place, this practice is not always the most effective. Recommendation: Amend the Zoning Ordinance to include Banks, Credit Unions, Savings and Loan Associations and Drive Through Facilities as Special Uses for the Office (0) Zoning District. The special uses allowable in the Office district are also allowable as special uses in the B- 1 , B-2, B-3 and B- 4 districts. ARTICLE A. O OFFICE DISTRICT 10-7A-1: USES PERMITTED: Advertising agency. Barber shop. Beauty shop. Bookkeeping service. Club -private indoor. Coffee shop. College, university or junior college. Commercial school, trade school- offering training in classroom study. Credit union. Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Savings and loan Asqoeiatien Stenographic service. Stock broker. Telegraph office. Ticket office. Title company. Travelagency. Utility office. (Ord. 1973-56A, 3-28-74) i 10-7A-2: SPECIAL USES: Banks Credit Unions Daycare centers. Drive Through Facilities Planned developments. Savings and Loan associations Solid waste disposal site. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-20, 8-10-1995) 10-7A-3: LOT AREA: No lot shall have an area less than twenty thousand(20,000) square feet. (Ord. 1973-56A, 3-28- 1974) 10-7A-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard:A front yard of not less than thirty feet(30'). B. Side Yards:Aside yard on each side of the zoning lot of not less than ten feet(10'),except where a side yard adjoins a street,the minimum width shall be increased to twenty feet(201). C. Rear Yard:A rear yard of not less than twenty feet(20'). (Ord. 1973-56A, 3-28-1974) 10-7A-5: LOT COVERAGE: Not more than fifty percent(50%)of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7A-6: MAXIMUM BUILDING HEIGHT: A. No building or structure shall be erected or altered to exceed a maximum height of six(6) stories or eighty feet(80'), whichever is lower. B. No building or structure shall be erected or altered to exceed a maximum height of three (3) stories or thirty five feet(35')within the "downtown area" as described by exhibit A, attached to the ordinance codified herein. (Ord. 2006-67, 8-8-2006) 10-7A-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A, 3-28- 1974) United City of Yorkville Financial Institution Land Use/Location Policy Purpose: Currently banks, credit unions and savings and loans associations are permitted in the O Office, B- I Limited Business, B-2 General Business, B-3 Service and B-4 Business Zoning Districts as a permitted use. For the purposes of this policy statement, when we are referring to a financial institution we are not including drive-up ATM pedestals or small accessory uses in a large retail outlet. In recent years large numbers of financial institution "branch" facilities have become a characteristic of this commercial use. The following policy dictates are not meant to apply to financial institutions that are an accessory use or ATMs in a larger retail store. Financial Institution Location Policy Guidelines: I . Financial institutions shall not be located at the corner of two arterial streets or an arterial and a collector street; 2. No more than 15% of a commercial subdivision should be allowed for a financial institution building, parking and drive through lanes. 3 . Financial institutions should be located at least 1000' from any other financial institution.