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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 -------------------------------------------------------------------------------------------------------------------- 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 1 1 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 2 1 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 3 1 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. 4 1 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 5 1 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. k k î î î North St South Ln F a i r h a v e n D r West St W i n t e r b e r r y D r L e x i n g t o n C i r J o n a t h a n D r N e w b u r y C t E s s e x C t D o v e r C t C h e s h i r e C t A n d e r s o n C t Denise Ct S u m ac D r Yellowstone Ln Northland Ln A l a n D a l e L n Hickory Ln C h r i s t y L n Marketview Dr Palmer Ct W K e n d all D r W Kendall D r H a y d e n D r C e n t e r P k w y Carpenter St P o we r s C t Alice Ave Western Ln E Countryside Pkwy Co m m ercial Dr High Ridge Ln Sh a dow Wood Dr Wheaton A v e E l d e n D r Lauren Dr Redbud D r O a k H o n e y s u c k l e L n S w i t c h g r ass L n Boomer Ln John St B l a c k b e r r y L n Hunt StHunter Ln Nathan Dr O v e r l o o k C t Co n ef l o w e r C t A m a nda Ln Crestwood Dr P a t r i c i a L n Gabriel Dr A nd r e a C t Fontana Dr Menard Dr Naden Ct Canyon Trl C o n c o r d C t Red Tail Ln Charit y Ln B l a c k b e r r y C t Main St E Kendall Dr B l u e s t e m D r N B r i d g e S t nball Trl D ic k s o n C t R y a n C t Co rn e il s R d Prairie Meadows Dr Meadowview Ln Norton Ln Strawberry Ln Catalpa Trl G olden r o d D r P r airie C lo v e r D P r a i r i e R o s e L n Wild In d i g o L n M c H u g h Rd M c M u r t r ie Way T w i n l e a f T r l y Shore Ln Mul h e r n C t Cannonball Trl C aledon ia Dr Farmstead Conover Ct Longview Dr Ryan Dr Pinewood Dr McMurtrie Ct Ln Edward Ln Isabel Dr Prairie Pointe D r R o s e n w i n k e l S t C ri m s o n L n BN S F R R B l a Rob Roy Creek B la c k b e rr y C r e e k B l a c k b e r r y C reek United City of Yorkville Manufacturing Buffer 4 January 2014 1,00001,0002,000500 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 Co r n eils Rd W Beecher Rd Eldamain Rd Eldamain 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 k k k k k k î k k k î îk Fox River ¬«126 ¬«47 W Van Emmon St N B rid g e St McHugh Rd E M a i n S t E Spring St W S o m o n a u k S t Schoolhouse Rd W Fox St W Ridge St W Madison St E Fox St Blaine St Morgan St Church St Rodak St Martin Ave Bell St Stat e St Je f fer son St W Hydraulic Ave B a t o r S t Marie Ave Van Emmon Rd B u h r m a s t e r C t Bristol A ve W Orange St E Hydraulic Ave E Van Emmon St Mill St E Washington St Adrian St Heustis St Colto n St Freemont St W Main St Appletree Ct W Center St King St Liberty St W River St E Center St Tow er Ln D y d y n a C t E Park St Olsen St E Ridge St E Somonauk St E Orange St Walter St Woodworth St E li za beth S t Elm St Jackson St C olonial Pkwy Arrowhead Dr Benjamin S t Wacker Dr S 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 k k k k k î k k ¬«126 ¬«47 ¬«71 Adrian St Schoolhouse Rd Stat e St Kings m ill S t G a r d e n S t Rodak St Heustis St T o m m y 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 l l a g e V i e w D r Olsen St E Orange St Walter St R a i n t r e e R d B e a ver S t Wolf St Wa l s h D r B a d g e r S t G r e e n B r i a r R d W e s t o n A v e B a n b u r y A v e El iza beth S t Colonial Pkw y S Main St S B r i d g e S t Benjamin S t Wa l s h C i r Candleberry Ln Illini Dr T omasik Ct Deer St W a l n u t D r Columbine Dr A s t e r D r M u i r f i e l d Dr Woo d S a g e A v e G a r d e n C i r Wooden B r idge Dr 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 i s b o 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.