Plan Commission Packet 2014 02-12-14
PLAN COMMISSION
AGENDA
Wednesday, February 12, 2014
Yorkville City Hall
Conference Room
800 Game Farm Road
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous meeting minutes: August 14, 2013
Citizen’s Comments
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Public Hearings
1. PC 2014-01 the United City of Yorkville, petitioner, has filed an application with the United
City of Yorkville, Kendall County, Illinois, requesting a Text Amendment to Title 10,
Chapter 8, Article 8 of the Zoning Ordinance, requiring special uses for medical cannabis
cultivation centers and dispensaries.
Old Business
New Business
1. PC 2014-01 the United City of Yorkville, petitioner, has filed an application with the United
City of Yorkville, Kendall County, Illinois, requesting a Text Amendment to Title 10,
Chapter 8, Article 8 of the Zoning Ordinance, requiring special uses for medical cannabis
cultivation centers and dispensaries.
- Action Item
Text Amendment
Additional Business
1. City Council Action Updates
a. PC 2013-08 Midland States Bank – Special Use
b. PC 2013-10 1100 McHugh Road – Annexation & Rezoning
c. PC 2013-13 Prestwick of Yorkville (Yorkville Christian HS) – Final Plat
2. Year In Review - 2013
Adjournment
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-7575
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DRAFT
UNITED CITY OF YORKVILLE
PLAN COMMISSION
City Council Chambers
Wednesday, August 14, 2013 7:00pm
Commission Members in Attendance
Chairman Tom Lindblom Jack Jones
Jeff Baker Art Prochaska
James Weaver
Absent: Jane Winninger, Michael Crouch, Charles Kraupner
Other City Staff
Krysti Barksdale-Noble, Community Development Director
Jeff Weckbach, Administrative Intern
Julie Morrison, EEI Engineer
Other Guests
Richard Schroeder, Heartland Pete Occhipinti
Tom Lilla Chuck Metzgar, Heartland
Attorney Kelly Helland Jeremy Goldsboro
Attorney John Philipchuck Dave Schultz, HR Green Engineering
Attorney George Mahoney Christine Vitosh, Depo Court Reporter
Meeting Called to Order
Chairman Tom Lindblom called the meeting to order at 7:00pm.
Roll Call
Roll call was taken and a quorum was established.
Previous Meeting Minutes July 10, 2013
The minutes were approved on a motion and second by Baker and Jones, respectively.
Voice vote approval.
Citizen’s Comments None
Public Hearings
1. 2013-08 Midland States Bank, Petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting an
authorization within the B-2 General Business District for the purpose of
remodeling an existing structure as a new bank establishment with drive-
through facilities as allowed by Special Use Permit in Section 10-7C-2,
Section 10-7B-2 and Section 10-7A-2 of the United City of Yorkville City
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Code. The real property consists of approximately 0.516 acres, located at the
southeast corner of W. Countryside Parkway and E. Kendall Drive in
Yorkville, Illinois.
On a motion by Weaver and second by Baker, the Public Hearing was opened at
approximately 7:01pm. Chairman Lindblom swore in those who would speak.
The Hearing concluded at approximately 7:04pm on a motion by Jones and second by
Prochaska. (It was requested that the responses to the Special Use should become part of the official
record).
(See Court Reporter's transcript)
2. PC2013-10 Mr. Pete Occhipinti, Petitioner and Owner, has filed an
application with the United City of Yorkville, Kendall County, Illinois
requesting that after annexation to the United City of Yorkville of its
property in unincorporated Kendall County and zoned in the Coun ty's R-3
One-Family Residence District, that the property be zoned into the United
City of Yorkville's R-4 General Residence District. The subject property
consists of approximately 0.87 acres east of Illinois Route 47, immediately
south of McHugh Road and just west of Farmstead Drive.
The Public Hearing was opened at approximately 7:05pm on a motion by Prochaska and
second by Jones. Chairman Lindblom swore in those who would speak. The Hearing
concluded at approximately 7:24pm on a motion by Weaver and second by Jones. Voice
vote approval.
It was requested that the Special Use Standards for Rezoning and Petition of opposition should become part
of the permanent record).
(See Court Reporter's transcript)
Old Business None
New Business
1. PC 2013-08 Midland States Bank (see description for #1 under Public Hearings above)
Commissioner Jones commented that he assumed the bank had done their due diligence
regarding adequate business since this bank is situated directly next to an existing bank.
Mr. Baker inquired if all right-of-ways, traffic flow, etc. had been cleared. Mr. Prochaska
noted that the egress is not directly onto Countryside Parkway.
Action Item
Special Use
Motion by Commissioner Weaver: In consideration of testimony presented during a
Public Hearing on August 14, 2013 and discussions conducted at that meeting, the Plan
Commission recommends approval to the City Council a request for Special Use
authorization within the B-2 General Business District for the purpose of remodeling an
existing structure as a new bank establishment with drive-through facilities, as proposed
by Midland States Bank, as submitted in an application dated June 4, 2013, subject to any
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final recommendations from staff. Commissioner Jones seconded this motion.
Roll Call: Jones-yes, Baker-yes, Prochaska-yes, Weaver-yes, Lindblom-yes. Passed 5-0.
2. PC 2013-10 (See description for #2 under Public Hearings)
Action Item
Special Use
Motion: Commissioner Baker made the following motion: In consideration of testimony
presented during a Public Hearing on August 14, 2013 and discussions conducted at that
meeting, the Plan Commission recommends approval to the City Council of a request
rezoning of the subject property upon annexation to within the R-4 General Residence
District, as proposed by Peter Occhipinti, as submitted in an application dated June 20,
2013, subject to recommendations in Staff’s memorandum dated August 8, 2013 and
further subject to staff comments. Commissioner Jones seconded the motion.
Discussion: Mr. Jones said the traffic on McHugh is already heavy and he does not approve
of townhomes in this area. Commissioner Prochaska agreed adding that it would start a
precedent and he also cited previous history of the area.
Roll call: Jones-no, Baker-no, Prochaska-no, Weaver-no, Lindblom-no. Motion defeated 5-0.
3. PC 2013-13 John and Michelle Stewart, Petitioners, have filed an application
with the United City of Yorkville requesting Final Plat approval for the
Yorkville Christian School Subdivision which resubdivides Lot 358 in Unit 1 of
the former Prestwick of Yorkville Subdivision for the purpose of constructing a
new private high school with accessory uses. The property consists of
approximately 110.54 acres and is located immediately south of Illinois Route
126 (E. Schoolhouse Road) and west of Ashley Road in Yorkville, Illinois.
Attorney John Philipchuck spoke on behalf of the Petitioners. Also present was Dave
Schultz of HR Green Engineering. They were requesting approval of the final plat.
There will be 84 single family lots eliminated as part of the resubdivision and this request
will go before the City Council with amendments. All roadways in the subdivision will
be kept the same. They have met with IDOT on Rt. 126 concerns and a traffic impact
study will be done. Ms. Barksdale-Noble said staff had questioned 3 items and those
items have been addressed in a memo.
Motion: Mr. Prochaska made the following motion.....in consideration of the proposed
Final Plat of Subdivision for the Yorkville Christian School Subdivision, the Plan
Commission recommends approval to the City Council of a request for Final Plat
approval, as presented by the Petitioner in a plan prepared by HR Green date last revised
August 6, 2013, subject to review comments prepared by the City’s Engineering
Consultant, EEI, in a letter dated July 23, 2013 as stated in a staff recommendation
provided in a memorandum dated August 8, 2013 and further subject to City Council
approval of the amended annexation agreement allowing a school and accessory
structures as a permitted land use in the Prestwick of Yorkville subdivision. Mr. Jones
seconded the motion.
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Attorney George Mahoney of Oswego was present on behalf of the Block family who
owns property adjoining the tract. He said his client had 4 issues. The first issue is
stormwater management has not fully been addressed and it has already caused problems
on his client's property. The plat of subdivision shows the east half of the 31 acres being
a mostly paved area with no provisions for additional stormwater management.
Issue 2 relates to tract and he referred to the original annexation agreement from 2005.
That agreement referred to Ashley Rd as a rural street with no improvements at Rt. 126.
Now, a projected 800 students would use this intersection without a traffic study
addressing safety for ingress/egress to this property.
The third and fourth issues relate to use of the property. He said a cell tower and wind
turbine are proposed for the site and these are not reflected on the plat presented to the
Commission. He added that an equestrian facility is also proposed for horses on the site.
He also addressed building height issues. He said the Commission needs to ascertain if
the requests conform to the ordinances. He suggested further discussion and engineering
considerations.
Attorney Philipchuck addressed these concerns. He said he is presenting the ideas to the
Commission at this meeting and would return with applicable requests. These requests
are not before the Commission tonight, just the Final Plat, he said. There has been a
meeting with IDOT and it is recognized that improvements are needed. He asked for
approval for the Final Plat. Ms. Barksdale-Noble said a Public Hearing is scheduled for
August 27th before City Council to address the amended annexation agreement that will
consider the items Mr. Mahoney discussed.
Mr. Baker said this is the first private school request and wonders how inspections are
handled. Ms. Barksdale-Noble said the City will conduct inspections and they are
comfortable with the standards being used. Chairman Lindblom said the Fire Protection
District has already received plans and they are being reviewed.
Stormwater and land use has to be approved by the City, commented Mr. Schultz. He
said there will be less runoff than if the additional homes were to be built.
Mr. Prochaska asked for confirmation on the following: that the R-2 footprint must
remain the same, they have an annexation agreement that is current, but can be amended
and all other restrictions will apply. Ms. Barksdale-Noble confirmed this would be the
case unless unless other requests are made.
Action Item
Final Plat
Roll Call: Jones-yes, Baker-yes, Prochaska-yes, Weaver-yes, Lindblom-yes. Passed 5-0.
Additional Business
1. City Council Action Updates
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a. PC 2013-05 Priority Health and Body Makeover – Annexation & Rezoning
The request was presented at City Council, however, the ordinances were not in the
packet due to revisions and this will be rescheduled to August 27th. An update will be
given after that time.
2. IDOT – IL Route 47 Update
a. Oral Report from City Engineer
Engineer Julie Morrison reported that work is being done south of the river with storm
sewer being installed. Utility work is being done at night. Mr. Baker asked why the
stoplight is still functioning at Van Emmon since it is closed both ways and backing up
traffic. Ms. Morrison said she would check. Mr. Prochaska also noted that during the
night work, Rt. 47 is sometimes closed with no notice, also blocking traffic. Turnarounds
are being made on Rte. 47. No more night work is scheduled at this time, however, Ms.
Morrison will make mention of this. Ms. Barksdale-Noble noted that she updates the
website each month regarding Rt. 47.
Ms. Barksdale-Noble also reported that Game Farm improvement bids will be let in
September 2014 and acquisitions are now being conducted. The Rt. 47 parking lot
contract was awarded at the June 25th Council meeting and work is to begin in August.
A meeting attendee asked if the August 27th meeting would still go forward regarding the
PC 2013-10 case at 1100 McHugh Road for annexation agreement. Ms. Noble said that
tonight was just rezoning but the August 27th meeting will go forward.
Adjournment
Prochaska move to adjourn and Baker seconded. Meeting adjourned at 8:03pm.
Respectfully transcribed by
Marlys Young, Minute Taker
PC 2013-08 Midland States Bank
PC 2013-10 1100 McHugh
General Background:
In August of 2013, the State of Illinois approved the use of medical cannabis in Illinois
beginning on January 1, 2014. The Department of Financial & Professional Regulation (DFPR)
has 120 days from January 1, 2014 to file administrative rules with the Joint Committee on
Administrative Rules (JCAR). There will then be a First Notice period that lasts a minimum of
45 days. After the First Notice period, there will be a Second Notice period that lasts for a
maximum of 45 days with the possibility of a 45 day extension. Once the administrative rules are
adopted, DFPR will establish the application process for dispensing organizations. This State law
would allow local jurisdictions to put in place zoning ordinances that would not conflict with the
law. Municipalities may not prohibit medical cannabis cultivation and dispensing centers, but
may enact reasonable zoning regulations, not in conflict with this Act or with Department of
Agriculture or Department of Public Health rules. A text amendment will need to be addressed
prior to any state applications that may come forward in the next 120 days.
The current law outlines two separate uses that will need to be address separately for the
zoning ordinance. The first are called cultivation centers and the second use is called
dispensaries. The following information is based on the current state law.
Cultivation Centers:
• Department of Agriculture (DA) to register up to 22 cultivation centers.
o One registration per Illinois State Police District.
o Yorkville is part of District 5, which includes Will, Kendall and Grundy Counties.
• Centers must be located 2,500 feet from pre-existing pre-schools, elementary or
secondary schools, day care centers, group day cares or an area zoned for residential use.
Dispensaries:
• DFPR may issue up to 60 dispensary
licenses.
• Dispensaries must be geographically
dispersed throughout the state.
• Applicant must comply with local
zoning rules.
• Dispensaries must be located 1,000 feet
from pre-existing pre-schools,
elementary schools, day care centers or
group day care and may not be located in
an area zoned for residential use.
Memorandum
To: Plan Commission
From: Chris Heinen, Planner
CC: Bart Olson, City Administrator
Rich Hart, Chief of Police
Date: January 28, 2014
Subject: Medical Cannabis Ordinance
In addition to the distance requirements for schools, day cares and residential areas, it would
be beneficial to include public parks and religious institutions as part of this requirement. Public
parks are similar in nature to playgrounds at schools and should be considered a gathering place
for families and children. Religious institutions would also be considered as gathering places
and should be included in the distance requirements.
Zoning Classification Consideration:
It is staff’s opinion that the appropriate location for medical cannabis uses are within the
M-1, Limited Manufacturing District. The M-1 district is intended primarily for the limited
production, processing, repair and testing of products as part of an intensive operational use.
Currently, the M-1 Limited Manufacturing District allows a wide range of uses by-right, such as
food and textile processing; medical laboratories for research and testing; production of
pharmaceutical products and the manufacturing of drugs. Although public and community uses
such as parks and recreation areas are permitted in the M-1 Limited Manufacturing District,
preschool, elementary and secondary schools are not allowed. The addition of medical cannabis
cultivation centers and dispensing organizations into this district as a Special Use is consistent
with existing and contemplated uses permitted in the M-1 district. Further, the M-1 districts in
the City also tend to be isolated from residential uses. This would provide additional separation
between the proposed special use and residential homes.
Special Use Consideration:
Section 10-14-6A of the Zoning Ordinance notes “there are 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 on neighboring land and of the public
need for the particular use at the particular location.” Staff contends, medical cannabis uses
would fall into this categorization due to the recent legalization of medical cannabis in the State
of Illinois and the newness of the regulatory standards. Additionally, medical cannabis
dispensaries are unique in the type of service they provide to the community and require
particular consideration as to their proper location. By classifying them as a Special Use, the City
has an opportunity to review the proposed location of the medical cannabis cultivation center or
dispensary and determine if the proposed use meets the Special Use standards of approval in
Section 10-14-6F of the Zoning Ordinance on a case-by-case basis and whether or not the
location is consistent with the approved Comprehensive Plan.
Suggested Text Amendments:
Section 10-2-3, Definitions:
CULTIVATION CENTER: Facility registered by Department of Agriculture to perform
activities to provide only registered medical cannabis dispensing organizations with usable
medical cannabis.
MEDICAL CANNABIS DISPENSING ORGANIZATION or DISPENSING
ORGANIZATION or DISPENSARY ORGANIZATION: Facility operated by an
organization or business that is registered by D epartment of Financial and Professional
Regulation to acquire medical cannabis from cultivation center for purpose of dispensing
cannabis, paraphernalia, or related supplies and education materials to qualified patients.
Section 10-8A-3, M-1 Limited Manufacturing District: Special Uses: The following uses may be
allowed by special use permit in accordance with the provisions of section 10-14-6 of this title:
Any use which may be allowed as a special use in the B-3 business district.
Any use permitted in the M-2 general manufacturing district.
Airport or aircraft landing fields.
Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for
contracting equipment of public agencies, or public utilities, or materials or equipment of similar
nature, ready mix batch plants, and asphalt manufacturing plants.
Contractor facilities that include outdoor storage.
Indoor shooting gallery/gun range with any accessory retail operations to occupy not more than
twenty five percent (25%) of the total floor area.
Meat products.
Miniwarehouse storage (see limitation under section 10-8A-7 of this article).
Motor freight terminals.
Planned developments, industrial.
Sanitary landfill.
Stadiums, auditoriums and arenas. (Ord. 19783-56A, 3-28-1974: amd. 1994 Code; Ord. 2003-10,
1-14-2003; Ord. 2005-58, 7-12-2005; Ord. 2006-31, 4-11 -2006; Ord. 2012-22, 7-24-2012)
Medical cannabis cultivation centers and dispensing organizations in accordance with 410
ILCS 130/1 et seq. provided that distance requirements set forth in 410 ILCS 130/1 et seq. are
also maintained for public parks and religious institutions.
Additional information:
• The law was created with a “sunset” provision, meaning that if the legislature does not
renew the program or create a new law, the program will cease to operate four years from
the date it goes into effect.
• Medical Cannabis Possession Limits: A patient must designate only one dispensing
organization where he or she would be able to receive medical cannabis. Dispensaries
could distribute no more than 2.5 ounces to any patient during any 14-day period, unless
the patient’s physician certifies the patient needs a specific higher quantity and the
Department of Public Health grants the patient a waiver. Caregivers, who may serve only
one patient, would be permitted to pick up medicine for the patients who designate them.
• In light of this new State law, the City will need to review the police section of the code
to incorporate the appropriate changes. This proposed amendment only affects the Zoning
Ordinance and further text amendments will need to be reviewed and drafted by the
Police Department.
• The City Attorney has reviewed the information provided in this memo and agrees with
said text amendments.
• Staff has reviewed other municipalities’ sign restrictions related to dispensaries and
cultivation centers. It is the opinion of the City Attorney that no additional language be
added to the Sign Ordinance that references terms associated with cannabis. It is difficult
to regulate these terms as an individual’s 1st Amendment rights may be violated. Staff
will continue to monitor legislation as it is new and to see if further regulations will need
to be applied.
Possible Locations:
Per the current state minimum distance requirements, there are no eligible sites within the
City limits for cultivation centers or dispensaries at this time. As the City and surrounding
communities expand and develop, staff will continually monitor the possible locations for
cultivation centers and dispensaries.
Other Communities:
Staff has researched other communities to determining if and how cultivation centers and
dispensaries are being permitted and regulated within their zoning ordinance. The following
table provides information on the zoning district they are allowed and if a special use is required.
This should serve as a guide for the Plan Commission as to how Yorkville’s proposed text
amendment to allow medical cannabis cultivation centers and dispensaries in the manufacturing
districts might compare to nearby communities.
Cultivation Centers Dispensaries
Community Permitted or
Special Use Zoning District(s) Allowed Permitted or
Special Use Zoning District(s) Allowed
Downers
Grove Special Use M-1 Special Use M-2
Joliet Special Use Industrial Districts Special Use R-B (Restricted Business) &
B-3 (General Business)
Niles Special Use M (Industrial District) Special Use M (Industrial District)
Bartlett Special Use I-1 & I-2 Special Use I-1 & I-2
Naperville* Conditional
Use Industrial Districts Special Use Industrial Districts
Elgin* Conditional
Use
GI (General Industrial) &
ORI (Office, Research,
Industrial)
Conditional
Use
GI (General Industrial) &
ORI (Office, Research,
Industrial)
Chicago* Special Use Manufacturing Districts Special Use Manufacturing Districts
*Indicates the municipality is currently drafting regulations.
Staff Recommendation Summary:
1. Amend Title 10-8A to identify “medical cannabis cultivation centers and
dispensaries” as a special use within the M-1, Limited Manufacturing District.
2. Amend Title 10-2-3 of the Zoning Ordinance to include the following definitions:
Cultivation Center: Facility registered by Department of Agriculture to perform activities
to provide only registered medical cannabis dispensing organizations with usable
medical cannabis.
Medical Cannabis Dispensing Organization or Dispensing Organization or Dispensary
Organization: Facility operated by an organization or business that is registered by
Department of Financial and Professional Regulation to acquire medical cannabis from
cultivation center for purpose of dispensing cannabis, paraphernalia, or related supplies
and education materials to qualified patients.
Staff will be available to answer any questions the Plan Commission may have regarding
the text amendments. Should the Plan Commission decide to recommend approval of the
proposed text amendment, draft motion language has been prepared below for your convenience.
Proposed Motion:
In consideration of testimony presented during a Public Hearing on February 12, 2014
and approval of the findings of fact, the Plan Commission recommends approval to the City
Council of a request for text amendment to Title 10, Chapter 8, Article A M-1 Limited
Manufacturing District of the United City of Yorkville’s City Code, as presented by staff in a
memorandum dated January 28, 2014, and further subject to {insert any additional conditions
of the Plan Commission}….
Attachments:
1. Current Title 10, Chapter 8, Article A. M-1 Limited Manufacturing District of the United
City of Yorkville’s Municipal Zoning Ordinance.
2. M-1 zoned maps.
3. Link to Compassionate Use of Medical Cannabis Pilot Program Act.
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3503&ChapterID=35
4. Copy of Public Notice.
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The Data is provided without warranty or any representation of
accuracy, timeliness, or completeness. It is the responsibility of the
“Requester” to determine accuracy, timeliness, completeness, and
appropriateness of its use. The United City of Yorkville makes no
warranties, expressed or implied, to the use of the Data.
- Parcel data provided by Kendall County GIS
H:\GIS\Public\Yorkville\2014\YO1402
Co r n eils Rd
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Manufacturing Buffer
4
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50005001,000250
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Legend
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kDay Care
Rivers/Streams
Local Parks/Forest Preserves
City
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Zoning
M-1 - Limited Manufacturing District
1000 Foot Residental Buffer
2500 Foot Residental Buffer
The Data is provided without warranty or any representation of
accuracy, timeliness, or completeness. It is the responsibility of the
“Requester” to determine accuracy, timeliness, completeness, and
appropriateness of its use. The United City of Yorkville makes no
warranties, expressed or implied, to the use of the Data.
- Parcel data provided by Kendall County GIS
H:\GIS\Public\Yorkville\2014\YO1402
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Martin Ave
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Bridge
St
S Main
St
Gawne Ln
Illini D r
Bruell St
T
omasik Ct
Deer S
t
Game
Farm
Rd
West St
Sanders Ct
Wo
rsley St
Walnut St
United City of Yorkville
Manufacturing Buffer
4
January 2014
50005001,000250
Feet
Legend
îChurchkSchool
kDay Care
Rivers/Streams
Local Parks/Forest Preserves
City
Forest Preserve
State
Zoning
M-1 - Limited Manufacturing District
1000 Foot Residental Buffer
2500 Foot Residental Buffer
The Data is provided without warranty or any representation of
accuracy, timeliness, or completeness. It is the responsibility of the
“Requester” to determine accuracy, timeliness, completeness, and
appropriateness of its use. The United City of Yorkville makes no
warranties, expressed or implied, to the use of the Data.
- Parcel data provided by Kendall County GIS
H:\GIS\Public\Yorkville\2014\YO1402
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Schoolhouse Rd
Stat
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St
Kings m ill S t
G a r d e n S t
Rodak St
Heustis St
T
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m
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Hug h e s W a y
F ou ntainview Dr
Mill St
B a t o r S t
Columbine Ct
Blaine St
W Orange St
C r o o k ed
Creek
Dr
W Dolph St
H a z el t i n e W a y
Morgan
St
S t a g e c o a c h Tr l
We s t w i n d D r
D y d y n a C t
V
i
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l
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V
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w
D
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Olsen St
E Orange St
Walter St
R
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B e a ver S t
Wolf St
Wa
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El iza beth S t
Colonial Pkw y
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Illini Dr
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Deer
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W
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United City of Yorkville
Manufacturing Buffer
4
January 2014
50005001,000250
Feet
Legend
îChurchkSchool
kDay Care
Rivers/Streams
Local Parks/Forest Preserves
City
Forest Preserve
State
Zoning
M-1 - Limited Manufacturing District
1000 Foot Residental Buffer
2500 Foot Residental Buffer
The Data is provided without warranty or any representation of
accuracy, timeliness, or completeness. It is the responsibility of the
“Requester” to determine accuracy, timeliness, completeness, and
appropriateness of its use. The United City of Yorkville makes no
warranties, expressed or implied, to the use of the Data.
- Parcel data provided by Kendall County GIS
H:\GIS\Public\Yorkville\2014\YO1402
¬«71
B u d d R d
R e b e c c a C t
Hi g h p o i n t C t
L
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b
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n
R
d
S t a g e c o a c h T r l
W Highpoint Rd
United City of Yorkville
Manufacturing Buffer
4
January 2014
50005001,000250
Feet
Legend
îChurchkSchool
kDay Care
Rivers/Streams
Local Parks/Forest Preserves
City
Forest Preserve
State
Zoning
M-1 - Limited Manufacturing District
1000 Foot Residental Buffer
2500 Foot Residental Buffer
The Data is provided without warranty or any representation of
accuracy, timeliness, or completeness. It is the responsibility of the
“Requester” to determine accuracy, timeliness, completeness, and
appropriateness of its use. The United City of Yorkville makes no
warranties, expressed or implied, to the use of the Data.
- Parcel data provided by Kendall County GIS
H:\GIS\Public\Yorkville\2014\YO1402
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2014-01
NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, petitioner,
has filed an application with the United City of Yorkville, Kendall County, Illinois,
requesting a Text Amendment to Title 10, Chapter 8, Article 8 of the Zoning
Ordinance, requiring special uses for medical cannabis cultivation centers and
dispensaries.
NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City
of Yorkville will conduct a public hearing on said application on Wednesday,
February 12, 2014 at 7 p.m. at the United City of Yorkville, City Council
Chambers, located at 800 Game Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without
further notice being published.
All interested parties are invited to attend the public hearing and will be given an
opportunity to be heard. Any written comments should be addressed to the United
City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois,
and will be accepted up to the date of the public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall
County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
1
Purpose
The purpose of this memorandum is to provide the Plan Commission with an update on the action
taken by the City Council on the items previously presented to and recommended by the Plan
Commission at a prior meeting.
City Council Action:
The City Council reviewed the Plan Commission’s recommendations regarding the following
items during their meetings held on August 27, 2013 and October 8, 2013, and made the following final
determination as indicated in their vote below:
PC 2013-08 Midland States Bank – Ordinance approving a special use permit approval for the
property located at 38 W. Countryside Parkway for the purpose of converting the existing building
into a bank with drive-through facilities.
Colosimo-aye; Koch-aye; Milschewski-aye; Kot-aye; Frieders-aye; Funkhouser-aye; Teeling-
aye.
7 ayes; 0 nay; 0 abstentions
PC 2013-10 Peter Occhipinti (1100 McHugh Road) – Ordinance approving annexation and
rezoning authorization for the property located at 1100 McHugh Road for a future mul tifamily
residence development.
Petitioner withdrew the request for annexation and rezoning on 9-4-13, therefore no
action/vote by the City Council was taken.
PC 2013-13 Yorkville Christian School (Prestwick) –Ordinance approving Final Plat of
Subdivision for the Yorkville Christian School consisting of ~31.61 acres of land planned for a
state-of-the-art 60,000 square foot, three-level private secondary education facility, athletic fields,
on-site parking and other accessory structures.
Colosimo-aye; Koch-aye; Milschewski-aye; Kot-aye; Frieders-aye; Funkhouser-aye; Spears-
Nay; Teeling-aye.
7 ayes; 1 nay; 0 abstentions
For your reference, attached are copied of the approval ordinances for the items above.
Memorandum
To: Plan Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: February 4, 2014
Subject: City Council Action Updates
2013 Applications & Petitions
During the year of 2013, the United City of Yorkville’s Plan Commission reviewed a
total of five (5) applications for various planning and zoning related requests. Following is a
summary list and outcomes of the petitions heard by the Plan Commission:
PC # Project Name Type of Request Plan Commission
Vote
City Council
Final Action
2013-01 Salek Subdivision Resubdivision 7-yes/0-no Approved
2013-05 Priority Health Rezoning 7-yes/0-no Approved
2013-08 Midland States Bank Special Use 5-yes/0-no Approved
2013-10 1100 McHugh Road Rezoning 0-yes/5-no ---*
2013-13 Prestwick of Yorkville (Yorkville
Christian High School) Final Plat Approval 5-yes/0-no Approved
*Applicant withdrew request
Progress of 2013 Planning Direction
In last year’s “Year in Review” memo dated December 4, 2012 (attached), staff made the
following suggestions for proposed new zoning ordinance text amendments:
Review and discussion of the appropriateness of the R-2 One-Family Residence Zoning
District vs. the R-2D Duplex Two-Family Residence Zoning District for existing
townhomes within the older areas of the City.
Review and discussion of Filling of Holes, Pits or Lowlands as Special Uses in R-1 and
R-2 Residential Zoning Districts (Section 10-6B-2 and Section 10-6C-2). This steams
from the special use request from D. Construction to use clean soil to fill and grade
property zoned R-2 in the City without having a proposed land plan. The Plan
Commission recommended unanimously to deny the request and City Council upheld the
recommendation. Although this activity typically requires a grading permit issued by the
engineering department in all other districts, only the R-1 and R-2 Districts identifies
filling and grading as a Special Use.
Since these items were not presented to the Plan Commission in 2013, staff suggests
carrying over both the previous items from the 2013 discussion related to R-2 One-Family
Zoning vs. R-2D Duplex Two-Family Zoning for Townhouses in Older Areas of Yorkville and
the amendment to the R-1 and R-2 Residential Zoning Districts related to the filing of holes, pits
or lowlands as Special Uses for review in 2014.
Memorandum
To: Plan Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: February 4, 2014
Subject: The Year in Review – Discussion of previous year’s petitions,
proposed zoning ordinance text amendments and suggestions for
planning staff
Proposed New Zoning Ordinance Text Amendments
In addition to carrying over the two (2) items above, staff is su ggesting further review
and discussion of the following text amendments:
Identification of and Special Use Regulations related to Outdoor Amphitheaters in the
Business Districts regarding maximum noise (decibel) levels, hours, permitting, etc.
o This request was originally presented to staff in 2013 as a developer inquiry;
however no formal action was taken by the developer to seek approval of such a
use. Since outdoor amphitheaters are not specifically identified as a permitted or
special use in any of the zoning districts, inclusive of the Business Districts, staff
would like to present definitive standards for such outdoor venues preemptive to
any future requests.
Amendment to the Subdivision Control Ordinance related to authorized releases of
subdivision security.
o Direction was given to staff at the December Public Works Committee meeting to
present a request for text amendment to the Subdivision Control Ordinance that
changes the approval process for security reductions from staff approval below
$1,000,000 and City Council approval above $1,000,000 to all reductions
approved by staff.
Staff is seeking direction from the Plan Commission on both of these items for
consideration and formal action at a future meeting.
2012 Applications & Petitions
During the year of 2012, the United City of Yorkville’s Plan Commission reviewed a
total of eight (8) applications for various planning and zoning related requests. Following is a
summary list and outcomes of the petitions heard by the Plan Commission:
PC # Project Name Type of Request Plan Commission
Vote
City Council
Final Action
2012-01 Planned Unit Development (PUD) Text Amendment 7-yes/0-no Approved
2012-02 D. Construction Fill & Spoil Site
(Evergreen Farm Estates) Special Use 0-yes/5-no Denied
2012-03 Indoor Shooting Gallery & Fire
Arms Manufacturing Text Amendment 7-yes/0-no Approved
2012-04 Comprehensive Subdivision
Control Ordinance (Bond Policy) Text Amendment 6-yes/0-no Approved
2012-06 Success in the Suburbs 1.5 Mile Review (Special Use) 7-yes/0-no Approved
2012-07 Souk Hemintharong 1.5 Mile Review (Rezone) 7-yes/0-no Approved
2012-09 Countryside Center PUD (Kendall
Crossing) Planned Unit Development 7-yes/0-no Approved
2012-11 Kendall Crossing PUD Preliminary & Final Plat TBD* TBD
*Plan Commission public hearing meeting is scheduled for the December 12, 2012 meeting.
Progress of 2011 Planning Direction
In last year’s “Year in Review” memo dated February 2, 2012 (attached), staff made the
following suggestions for proposed new zoning ordinance text amendments and staff report
formatting:
Review and discussion of the appropriateness of the R-2 One-Family Residence Zoning
District vs. the R-2D Duplex Two-Family Residence Zoning District for existing
townhomes within the older areas of the City.
Review and discussion of the allowing indoor shooting galleries/gun ranges as a Special
Use, and the manufacturing of firearms/ammunition as a permitted use, in the M -
Manufacturing Districts.
Incorporation of more aerial/photographs and graphic images of the subject property,
surrounding land uses and other site planning items within the body of the memorandum
to help orient the Plan Commission and public of the location and potential impacts.
Memorandum
To: Plan Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: December 4, 2012
Subject: The Year in Review – Discussion of previous year’s petitions,
proposed zoning ordinance text amendments and suggestions for
planning staff
Insertion of proposed motion language at the end of each petitioner request which gives
the Plan Commission detailed and concise information about the items requiring action
and assists the minute taker by providing clarity of the action taken.
Since that time, most of the goals and direction given to staff by the Plan Commission on
the above-mentioned items have been successfully completed or implemented. In July 2012, the
City Council approved Ordinance 2012-22 (see attached) which allows indoor shooting
galleries/gun ranges as Special Uses in the M-Manufacturing Districts and B-Business Districts.
The ordinance also permits the manufacturing of firearms and ammunitions outright in the M-
Manufacturing Districts.
Staff has also routinely incorporated aerial/photographs and graphic images into the body
of the memorandums, as seen in the images below from reports this past year, as well as
provided draft motion language for all action items.
Figure 1: Image from Indoor Shooting Gallery/Gun Range Memo Figure 2: Image from Countryside Center PUD Memo
Proposed New Zoning Ordinance Text Amendments
Staff suggests carrying over the previous item from the 2011 discussion related to R-2
One-Family Zoning vs. R-2D Duplex Two-Family Zoning for Townhouses in Older Areas of
Yorkville for review in 2013.
In addition, we suggest further review of Filling of Holes, Pits or Lowlands as Special
Uses in R-1 and R-2 Residential Zoning Districts (Section 10-6B-2 and Section 10-6C-2). This
steams from the special use request from D. Construction to use clean soil to fill and grade
property zoned R-2 in the City without having a proposed land plan. The Plan Commission
recommended unanimously to deny the request and City Council upheld the recommendation.
Although this activity typically requires a grading permit issued by the engineering department
in all other districts, only the R-1 and R-2 Districts identifies filling and grading as a Special
Use.
Staff is seeking direction from the Plan Commission on both of these items for
consideration and formal action at a future meeting.