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Plan Commission Packet 2014 04-09-14 PLAN COMMISSION AGENDA Wednesday, April 9, 2014 Yorkville City Hall Conference Room 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: February 12, 2014 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PC 2014-02 the United City of Yorkville, Kendall County, Illinois, petitioner, has filed an application requesting a text amendment to incorporate public & private, indoor & outdoor Amphitheaters as Special Uses within Business Districts in the Zoning Ordinance. 2. PC 2014-03 the United City of Yorkville, Kendall County, Illinois, petitioner, has filed an application proposing to amend Title 11, Chapter 5, and Subsection 11-5-2F of the Municipal Subdivision Control Ordinance related to a revised procedure for the reduction and release of subdivision securities. 3. PC 2014-04 the United City of Yorkville, Kendall County, Illinois, petitioner has filed an application deleting the Special Use of, “Filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes” from the list of Special Uses in the R-1, One-Family Residence District in the Zoning Ordinance. This amendment will also delete it as a permitted Special Use in all other Residential Districts. Old Business New Business 1. PC 2014-02 the United City of Yorkville, Kendall County, Illinois, petitioner, has filed an application requesting a text amendment to incorporate public & private, indoor & outdoor Amphitheaters as Special Uses within Business Districts in the Zoning Ordinance. - Action Item Text Amendment 2. PC 2014-03 the United City of Yorkville, Kendall County, Illinois, petitioner, has filed an application proposing to amend Title 11, Chapter 5, and Subsection 11-5-2F of the Municipal Subdivision Control Ordinance related to a revised procedure for the reduction and release of subdivision securities. - Action Item United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Text Amendment 3. PC 2014-04 the United City of Yorkville, Kendall County, Illinois, petitioner has filed an application deleting the Special Use of, “Filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes” from the list of Special Uses in the R-1, One-Family Residence District in the Zoning Ordinance. This amendment will also delete it as a permitted Special Use in all other Residential Districts. - Action Item Text Amendment Additional Business 1. Informational only: Kendall County Petition #14-06 – Ron Reinert Fox Road Subdivision – 12345 Fox Road. Preliminary and Final Plat. 2. Informational only: Kendall County Petition #14-04 – John Enlow – 208 Tuma Road. Request for a variance from 50 feet to 40 feet in the front yard to build an accessory structure. Adjournment Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION City Council Chambers Wednesday, February 12, 2014 7:00pm Commission Members in Attendance Chairman Tom Lindblom Jack Jones Jeff Baker Art Prochaska Charles Kraupner Absent: Jane Winninger, Michael Crouch, James Weaver Other City Staff Krysti Barksdale-Noble, Community Development Director Chris Heinen, City Planner Other Guests Christine Vitosh, DepoCourt Reporter Meeting Called to Order Chairman Tom Lindblom called the meeting to order at 7:03pm. Roll Call Roll call was taken and a quorum was established. Previous Meeting Minutes August 14, 2013 The minutes were approved on a motion and second by Commissioners Baker and Prochaska, respectively. Voice vote approval. Citizen’s Comments None 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. Jack Jones moved to open the Public Hearing and Charles Kraupner seconded the motion. Opened at 7:04pm. There was no discussion or public comment and the Hearing was closed at 7:05pm on a motion by Art Prochaska and second by Jack Jones. Page 2 of 3 At this time, Ms. Barksdale-Noble introduced Mr. Chris Heinen as a new Planner with the City since January. Old Business None New Business 1. PC 2014-01 (same as Public Hearing #1 above) Mr. Heinen noted that the State of Illinois approved the use of medical marijuana as of August 2013 with an effective date of January 1, 2014. The City has 120 days to formulate laws in the event someone applies for a permit. He said there will be 22 cultivation centers throughout the State, coinciding with the State Police District boundaries. There will be 60 dispensary licenses issued on a geographical basis in the State. Cultivation centers must be 2,500 feet from schools or residential areas and dispensaries must be 1,000 feet from these locations. Mr. Baker asked why there is a distinction in these distances. Mr. Heinen said the manufacturing/cultivation must be further away and that all work pertaining to the cultivation must be done on-site. Zoning and Special Uses were reviewed by staff. Mr. Heinen said that other municipalities have designated a manufacturing zone for these operations and it was noted that Joliet approved business district zoning for a dispensary. Mr. Baker said he would like to change the distance rules for dispensaries to be the same as the cultivation centers and Mr. Prochaska agreed. Since the cannabis is for medical purposes, Ms. Barksdale-Noble said the dispensary distance was less to make it accessible for people who already have some medical issues. City staff added churches and parks to the list for a 2,500 foot buffer. Mr. Heinen said an analysis of the M-1 districts was done and it was determined there was no qualified location in Yorkville for a dispensary or cultivation center. However, it was noted that someone could petition for rezoning or could annex a property to fit the zoning. Action Item Text Amendment Motion: Mr. Prochaska moved to approve the text amendment as written and Mr. Jones seconded the motion. Roll call: Prochaska-yes, Kraupner-yes, Jones-yes, Baker-yes, Lindblom-yes. Motion passed 5-0. Additional Business 1. City Council Action Updates a. PC 2013-08 Midland States Bank – Special Use This bank has been approved by the City Council and opened last week. b. PC 2013-10 1100 McHugh Road -Annexation & Rezoning The Plan Commission and City Council both recommended to not rezone and the applicant then withdrew his request. c. PC 2013-13 Prestwick of Yorkville (Yorkville Christian HS) – Final Plat This was at Plan Commission in August and was approved by City Council. Construction has begun and the school is slated to open September 2014. Page 3 of 3 2. Year in Review - 2013 Ms. Barksdale-Noble said that the items carried over from 2012 to 2013 did not have much progress and she is asking to carry them over to 2014. One is R-2d district review of townhomes and second, filling of holes and pits in lowland areas in Evergreen Farm Estate. She asked to add 2 items, 1) special use regulations for outdoor amphitheater and business districts and 2) amendment of subdivision control ordinance regarding letters of credit and bonds. These will be brought to the Plan Commission next month. Additional Business Chairman Lindblom said he will be unable to attend the next meeting and it was decided that the longest-serving Commissioner should conduct the meeting. Adjournment The meeting was adjourned at 7:27pm on a motion and second by Jones and Prochaska, respectively. Respectfully transcribed by Marlys Young, Minute Taker Introduction: Staff had been previously approached by a local developer interested in building an outdoor amphitheater within the City’s downtown. Although the developer has not come forth with formal plans for consideration, staff felt it might be in the best interest of the City to preemptively provide specific zoning and performance standards regarding such a use should this developer or any future developer seek to move forward with an outdoor music venue. Therefore, staff has reviewed the current noise ordinance as it pertains to amphitheaters and outdoor music venues, and found there are several areas that will require updating and additional information applied. Below are staff’s recommendations for amphitheaters and outdoor music venues. Zoning Classification Consideration: It is staff’s opinion that the appropriate locations for amphitheaters or outdoor music venues are considered a Special Use within the B-1, Limited Business District, B-2, General Business District and B-3, Service Business District. These business districts are intended primarily for the location of commercial and professional facilities that are especially useful in close proximity to residential areas. These districts are designed to provide convenient shopping and services that meet the needs and enhances the quality of life for surrounding residential neighborhoods. Currently, the Business Districts allow a wide range of uses by-right, such as community centers, recreation centers and public/private clubs. The addition of amphitheaters and outdoor music venues into these districts as a Special Use is consistent with existing and contemplated uses permitted within the business districts. 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.” By classifying amphitheaters and outdoor music venues as a Special Use, the City has an opportunity to review the proposed locations as well as specific guidelines required, such as hours of operation, number of events per year, the amount of warning provided to residents about upcoming events, etc. It will also allow staff the opportunity to 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 suitable and consistent with the approved Comprehensive Plan. Memorandum To: Plan Commission From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: March 6, 2014 Subject: PC 2014-02 Amphitheater Text Amendment Additional Information: Staff suggests that certain additional information be considered during the Special Use process for amphitheaters or outdoor music venues, such as insurance, parking and liquor licensing as this is customary when allowing such uses to operate in Business Districts. The following are staff recommendations with regard to each: Insurance: The petitioner shall submit to the city a certificate of insurance showing the owner, lessee, proprietor, operator or manager of the premises as the named insurers and naming the city as an additional insured in an amount of not less than one million dollars ($1,000,000) covering public liability, and five hundred thousand dollars ($500,000) covering property damage. Liquor License: The current Liquor Ordinance does not have the proper license available for outdoor venues. Staff would recommend that a new liquor license be created specifically for this use. Parking Requirements: One space per fifty square feet of seating area plus parking for affiliated uses. If these requirements are unable to be satisfied, the City will review a parking plan indicating overflow and/or shared parking to accommodate the venue. Suggested Text Amendments: Based upon staff’s research, the following proposed definitions and new text identifying amphitheaters and/or outdoor music venues as Special Uses within the B-1, B-2 and B-3 Business Districts should accompany the requested text amendment: Section 10-2-3, Definitions: OUTDOOR MUSIC VENUE: A commercially-zoned property where sound equipment is used to amplify sound that is not fully enclosed by permanent, solid walls and a roof. AMPHITHEATER: A commercial structure with tiers of spectator seating rising around a field or court, intended primarily for use of viewing musical, theatrical, sporting or other similar entertainment events and specifically designed as a place of assembly. Section 10-7B-2, B-1 Limited Business District: Special Uses: A. Allowed: All special uses permitted in O district. Liquor store. Tavern – nightclub. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1978-10, 9-28-1978) Amphitheaters and/or Outdoor Music Venues. Section 10-7C-2, B-2 General Business District: Special Uses: All special uses permitted in the B-1 district. Apartments, single-family, located in business buildings. Gasoline service station. Marina. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-1A, 2-10-1994) Amphitheaters and/or Outdoor Music Venues. Section 10-7D-2, B-3 Service Business District: Special Uses: All special uses permitted in the B-2 district. Amusement park. Boat launching ramp. Boat rental and storage. Daycare centers. Stadium. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-19, 8-10-1995; Ord. 1995-20, 8-10-1995) Amphitheaters and/or Outdoor Music Venues. Chapter 4 Noise Ordinance: Upon making recommendations for permitting amphitheaters and outdoor music venues as Special Uses, staff researched the current noise ordinance and prepared new recommendations for allowable noise levels as they relate to certain land uses. The revised noise ordinance will allow the city to enforce noise complaints from the citizens and provide guidelines to developers looking to locate land uses within the city. This section is for informational purposes only as it is not part of the zoning ordinance. The final approval will come from City Council. PROPOSED TABLE OF MAXIMUM ALLOWABLE NOISE LEVELS BY LAND USE Land Use/Zoning Outdoor Space Within Noise Zone1 Max. Decibel Level (dB) Outdoor Space Outside Noise Zone2 Max. Decibel Level (dB) Indoor Space Max. Decibel Level (dB) Residential - Single-Family & Multi-Family, Detached & Attached 70 65 65 Office Buildings, Businesses, Commercial & Professional 70 70 70 Sports Arena, Outdoor Spectator Sports 110 100 100 Theaters, Auditoriums, Concert Halls 110 90 100 Parks, Neighborhood Playgrounds, Ball Fields 70 70 -- Golf Courses, Water Recreations, Gun/Shooting Ranges 75 70 70 Industrial, Manufacturing, Utilities, Agriculture 80 75 80 1. Area within property boundaries where the sound is the originating source and customarily expected/accepted by the patron/inhabitant. Area size to be defined numerically and graphically. 2. Area outside of the property boundaries where the sound is the origination source and customarily not expected/accepted by the patron/inhabitant. Area size to be defined numerically and graphically. For your reference, staff has provided the table below with examples of sound pressure levels to compare with the proposed revisions to the Noise Ordinance above. EXAMPLES OF SOUND PRESSURE LEVELS Sound Environment Typical Sound Pressure Levels Generated (dBA) Threshold of hearing 0 dBA Broadcast Studio 20 dBA Library 30 dBA Quiet Office 40 dBA Light auto traffic (100 feet) 50 dBA Air-conditioning unit (20 feet) 60 dBA Freeway traffic 70 dBA Vacuum cleaner (5 feet) 80 dBA Passing car at 10 feet 90 dBA Passing bus or truck at 10 feet 100 dBA Passing subway train at 10 feet 110 dBA Nightclub with band playing 120 dBA Jet takeoff (200 feet) 130 dBA Air-raid siren 140 dBA Data gathered from Plainfield and Naperville Noise Ordinances. Staff Recommendation Summary: 1. Amend Title 10-7B, 10-7C and 10-7D to identify “amphitheaters and outdoor music venues” as a special use within these Business Districts. 2. Amend Title 10-2-3 of the Zoning Ordinance to include the following definitions: OUTDOOR MUSIC VENUE: A commercially-zoned property where sound equipment is used to amplify sound that is not fully enclosed my permanent, solid walls and a roof. AMPHITHEATER: A commercial structure with tiers of spectator seating rising around a field or court, intended primarily for use of viewing musical, theatrical, sporting or other similar entertainment events and specifically designed as a place of assembly. Staff will be available to answer any questions the Plan Commission may have regarding the text amendments or noise ordinance. 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 March 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 7, Article B; B-1 Limited Business District, Title 10, Chapter 7, Article C; B-2 General Business District and D, B-3 Service Business District of the United City of Yorkville’s City Code, as presented by staff in a memorandum dated March 6, 2014, and further subject to {insert any additional conditions of the Plan Commission}…. Attachments: 1. Current Title 10, Chapter 7, Article B, C and D of the United City of Yorkville’s Municipal Zoning Ordinance. 2. Current Noise Ordinance. 3. Noise Ordinance Research. 4. Copy of Public Notice. ORDINANCE NO. 20090312-017 AN ORDINANCE RELATED TO REQUIREMENTS FOR OUTDOOR MUSIC VENUES; AMENDING CITY CODE SECTIONS 9-2-1, 9-2-12, 9-2-21, 9-2-23, 9-2- 25, AND 9-2-32; ADDING NEW CITY CODE SECTIONS 9-2-26 AND 9-2-27; AND PROVIDING FOR EMERGENCY PASSAGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Code Section 9-2-1 (Definitions) is amended to add the following new definition and to renumber the remaining definitions accordingly: (5) ACCOUNTABLE OFFICIAL means the City officer or employee designated by the city manager with a particular administrative or enforcement responsibility under this chapter. PART 2. Subsection (A) of City Code Section 9-2-12 (Permit for an Outdoor Music Venue) is amended to read: (A) The owner or operator of an outdoor music venue must obtain a permit from the accountable official [director] before using sound equipment at an outdoor music venue. PART 3. City Code Section 9-2-21 (Application Procedure) is amended to add a new Subsection (E) to read: (E) An application for an outdoor music permit under Section 9-2-12 (Permit for an Outdoor Music Venue) must include: (1) any information, that is consistent with Council direction, required by the accountable official, who may adopt rules establishing requirements for an application; and (2) a certified list of all property owners entitled to notice under Section 9-2-21, if the county tax appraisal district maintains ownership records on an automated data base that is not accessible by the City. PART 4. City Code Section 9-2-23 (Permit Issuance and Administrative Authority) is amended to read: Page 1 of 8 § 9-2-23 PERMIT ISSUANCE AND ADMINISTRATIVE AUTHORITY. (A) Except as provided in Subsection (B), the [The] director shall issue a permit to a person who submits an application meeting the application requirements under this article and pays the application fee. The director may adopt administrative rules to implement the requirements of this article in accordance with Chapter 2-1 (Administrative Rules). (B) The accountable official shall review an application for an outdoor music venue under the requirements of this subsection if any property owner or organization is entitled to notice of the application under Subsection 9-2- 26(A) (Notification Requirements for Outdoor Music Venues). (1) Except as provided in Subsection (B)(3), the accountable official shall approve or deny an application for an outdoor music venue based on the following criteria: (a) proximity of the proposed outdoor music venue to existing land uses, including consideration of the date on which the venue was originally permitted relative to surrounding land uses; (b) the size and capacity of the outdoor music venue: (c) sound mitigation to be provided by the operator of the outdoor music venue, including but not limited to building design, landscaping, and buffering; (d) additional limitations on the hours during which sound equipment may be operated, beyond the limits required under Section 9-2-12 (Permit for an Outdoor Music VenueY and (e) the history of noise complaints regarding the outdoor music venue as verified by the chief of police or the accountable official (2) In approving an application under this section, the accountable official may mitigate adverse negative impacts by imposing conditions deemed necessary to protect the health and safety of residents living in single-family residential or multi-family properties in the vicinity of the proposed outdoor music venue. Page 2 of 8 (3) The accountable official may not deny an initial permit for an outdoor music venue located within the footprint of a restaurant (general) use under Section 25-2-808 (Restaurants and Cocktail Lounges], but the accountable official may: (a) impose conditions on the permit, as provided in Subsection (B)(2) of this section: and (b) deny an application to renew the permit under Section 9- 2-32 (Denial of Permit for Repeated Offenses} based on repeated violation of applicable decibel limits. (4) A decision under this subsection must: (a) be in writing; (b) include findings in support of the decision: (c) describe conditions of approval, if any; and (d) be mailed to the applicant and any interested party within three days after the decision is issued, per the requirements of Section 9-2-26 (Notification Requirements for an Outdoor Music Venue). (5) The accountable official may not issue a decision under this subsection earlier than the 14th day after the date that notice of the application is provided under Section 9-2-26 (Notification Requirements for an Outdoor Music Venue}. PART 5. City Code Section 9-2-25 (Appeal of Denial of Permit Application) is amended to read: § 9-2-25 APPEAL OF ADMINISTRATIVE DECISION ON A [DENIAL OF] PERMIT APPLICATION. (A) If the director denies an application for a sound permit under this chapter, other than a permit for an outdoor music venue, an applicant may appeal the director's decision to the city manager under the requirements of this subsection. (1) An appeal must be filed with the city manager, in writing. [(B)—The appeal must: (1)—be filed with the city manager] no later than the 10th day after the date the decision is rendered[f} and must describe Page 3 of 8 include a written statement of] the decision being appealed and the specific grounds for the appeal. (2) [(G)] No later than the 30th day after receiving a request for an appeal, the city manager shall schedule a hearing to consider the appeal. )] The city manager may sustain, reverse, or modify the action appealed. The city manager's decision is final. (B) Except as provided in Subsection (B)(3) of this section, an applicant or an interested party may appeal a decision by the accountable official on an application for an outdoor music permit under Subsection 9-2-23(B) (Permit Issuance and Administrative Authority} to the city council in accordance with the following requirements. (1) An appeal must be filed with the accountable official in writing, no later than the 14th day after the date the decision is issued and must describe the decision being appealed and the specific grounds for the appeal. (2) A public hearing on the appeal shall be held at the earliest council meeting for which notice may reasonably be provided, or as otherwise agreed to by the parties. In deciding an appeal, the city council may uphold, reverse, or modify a decision of the accountable official. (3) A neighborhood organization may not appeal a decision on an application for an outdoor music venue to be located within the following boundaries: • Eastern boundary: 1-35; • Southern boundary: the northern shore of Lady Bird Lake; • Western boundary: north along the eastern shore of Shoal Creek, north along West Avenue to 7th Street, east along 7th Street to Lavaca Boulevard, north along Lavaca Boulevard to lllh Street; and th• Northern boundary: 11 Street. PART 6. City Code Chapter 9-2 (Noise and Amplified Sound) is amended to add a new Section 9-2-26 (Notification Requirements for an Outdoor Music Venue) to read: Page 4 of 8 § 9-2-26 NOTIFICATION REQUIREMENTS FOR AN OUTDOOR MUSIC VENUE. (A) Not later than the 14th day after receiving an application for a new permit or permit renewal under Section 9-2-12 (Permit for an Outdoor Music Venue), the accountable official shall provide notice in accordance with the following requirements: (1) If the application is for a renewal permit, notice shall be mailed to: (a) applicant; (b) notice owner of a single-family use located within 600 feet of the proposed outdoor music venue; and (c) registered neighborhood organization whose declared boundaries are within 600 feet of the proposed outdoor music venue. (2) If the application is for a new permit, notice shall be mailed to: (a) an individual or organization entitled to notice under Subsection (A)(l) of this section; and (b) the notice owner of a multi-family use located adjacent to the proposed outdoor music venue. (B) Notice required under this section must: (1) describe the general nature of the application; (2) identify the applicant and the location of the site; (3) generally describe the proposed development; (4) identify the entity that may approve the application; (5) state the earliest date that action under a decision may occur; (6) describe the procedure and requirements for becoming an interested party; (7) describe the procedure for an appeal; and (8) include the address and telephone number of the accountable official from whom additional information may be obtained. Page 5 of 8 (C) Notice required under this section is effective on the date a letter is deposited in a depository of the U.S. Post Office, postage paid, and addressed to: (1) to an applicant, by mailing notice to the property owner or agent at the address shown on the application or on a written change of address form filed with the responsible director or building official; (2) a notice owner of real property, by mailing notice to the owner shown on the records of the county tax appraisal district; (3) a record owner of real property, by mailing notice to the owner at the street address of the property or, if the property does not have a street address, to the return address shown on the deed; and (4) a neighborhood or environmental organization, by mailing notice to the agent or officer of the organization at the mailing address specified in the City's community registry. (D) Notice by hand delivery may be substituted for notice by mail if the addressee provides a receipt of delivery. (E) A list of property owners entitled to notice under Subsection (A) shall be provided by: (1) the accountable official; or (2) the applicant, as required under Section 9-2-21(E)(2), if the county tax appraisal district maintains ownership records on an automated database that is not accessible by the City. PART 7. City Code Chapter 9-2 (Noise and Amplified Sound) is amended to add a new Section 9-2-27 (Interested Parties for an Outdoor Music Venue) to read: § 9-2-27 INTERESTED PARTIES FOR AN OUTDOOR MUSIC VENUE. (A) Except as provided in subsection (B), A person is an interested party for purposes of appeal under Subsection 9-2-25(B) (Appeal of Administrative Decision on a Permit Application) if the person: (1) is the applicant or the record owner of a proposed outdoor music venue for which approval is required under Subsection 9-2-23(B) (Permit Issuance and Administrative Authority)', or (2) communicates an interest in a proposed outdoor music venue for which approval is required under Subsection 9-2-23(B) (Permit Issuance and Administrative Authority)', and is: Page 6 of 8 (a) an individual entitled to notice under Section 9-2-26 (Notice Requirements for Outdoor Music Venues)', or (b) a representative of a neighborhood organization entitled to notice under Section 9-2-26 (Notice Requirements for Outdoor Music Venues). (B) A person communicates an interest in a proposed outdoor music venue for purposes of Subsection(A)(2) of this section by delivering a written statement to the accountable official or by making telephone contact with the accountable official. The communication must: (1) generally identify the issues of concern; (2) include the person's name, telephone phone number, and mailing address; (3) be delivered before the earliest date on which action on the application may occur under Subsection 9-2-23(B) (Permit Issuance and Administrative Authority); and (4) if the communication is by telephone, be confirmed in writing not later than seven days after the earliest date on which action on the application may occur under Subsection 9-2-23(B) (Permit Issuance and Administrative Authority). (C) The accountable official shall notify an applicant in writing if there is an interested party for an outdoor music venue. PART 8. City Code Section 9-2-32 (Denial of Permit for Repeated Offenses) is amended to read: § 9-2-32 DENIAL OF PERMIT FOR REPEATED OFFENSES. The accountable official may refuse to issue a permit to a permittee or to renew an existing permit if: (1) the permittee is convicted of more than two violations of a permit issued under this chapter; or (2) the property where the sound equipment will be used is the location of more than two violations of a permit issued under this chapter. Page 7 of 8 PART 9. DECLARATION OF EMERGENCY; EFFECTIVE DATE. 1. Based on the findings set forth in Part 1 of Ordinance No. 20090115-055, the Council finds that confusion regarding the requirements applicable to outdoor music venues negatively affects citizens of the City of Austin, as well as restaurant and club owners. 2. The Council further finds that these circumstances constitute an emergency. Because of the emergency, this ordinance takes effect immediately on its passage for the immediate preservation of the public peace, health, and safety. PART 10. ONE-YEAR REVIEW. The City Manager is directed to monitor the impact of this ordinance on the permitting process for outdoor music venues, including but not limited to: review times, cost of public notice, and any complaints received from venue operators or neighbors, as well as the overall number of applications for outdoor music venues approved and denied following adoption of the ordinance. The City Manager shall report to Council on the impacts of the ordinance approximately one year after the effective date of the ordinance. PASSED AND APPROVED March 12 , 2009 Will Wynn \ - Mayor APPROVED^ ^ r^\^ ATTEST: ^.^.^. ., iavid'Allan imith ( Shirley AJ. Gentry 7 City Attorney City Clerk Page 8 of 8 PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2014-02 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 incorporate public & private, indoor & outdoor Amphitheaters as Special Uses to the Business Districts in the Zoning Ordinance. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, March 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 Background As you may recall in August of 2012, the Plan Commission recommended and the City Council approved a comprehensive text amendment to the Subdivision Control Ordinance as it related to the process and procedures for securing subdivision securities. This previous text amendment to the Subdivision Control Ordinance created efficiencies in tracking bonds/LOC, as well as schedules for completing improvements, in an effort to find an overarching policy solution to address the unfinished residential subdivisions within Yorkville. Since that time, staff has worked to clear the backlog of outdated bonds/letters of credit for developments we have on file by updating punchlists; contacting developers for status meetings; requesting new security instruments; reducing existing bonds/letters of credit upon completion of work; and, when necessary, recommending calls of bonds/letters of credit for those developments that are at risk of defaulting. The internal procedures for these activities, with the exception of some reductions and all recommended calls of instruments of security, are done completely at a staff level. Current Reduction Procedures Currently, reductions in subdivision securities with an initial value above $1,000,000 must be approved by the City Council. However, any security with an initial value less than $1,000,000 may be reduced through staff approval. The staff level procedure works as follows: 1. Upon inspection of the site against the latest punchlist, the City Engineer forwards his written recommendation for reduction to the City Administrator for approval. 2. If the City Administrator concurs with the City Engineer’s recommendation, the reduction is approved or denied and the City Engineer is authorized to issue a letter to implement the decision. 3. Should the City Engineer and City Administrator differ, the Mayor has the final authority to approve or deny the City Engineer’s recommendation. Developer’s appeals of the City Administrator’s decision are heard by the Mayor, who shall have final determination. The $1,000,000 threshold was added to the City Code in 2009. Prior to that date, all reductions were approved by the City Council. Staff is seeking to make all security reductions completed as an administrative approval to provide an efficiency to the process, as approval by City Council can take up to 30 days for final authorization. Requested Text Amendment The proposed amendment to Section 11-5-2F of the Subdivision Control Ordinance would revise the procedure for the reduction and release of subdivision securities over $1,000,000 to be authorized as an administrative approval rather than through City Council action. The rationale for the proposed amendment is based upon the fact that the verification of the work completed and the subsequent value of the reduction requires endorsement from a qualified engineer – in this case the City Engineer. Accordingly, once the engineer has completed the valuation for the work completed and made a Memorandum To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: March 4, 2014 Subject: PC 2014-03 Subdivision Control Ordinance Text Amendment Subdivision Security Reduction recommendation for reduction, the City’s position to deviate from that recommendation could be considered arbitrary. Staff conducted cursory inquiries to neighboring communities regarding their policies for subdivision security reductions with the results of the survey detailed as follows: Community Approval Authorization Village of Oswego All approved by Village Board Village of North Aurora All approved by Village Board Village of Montgomery All approved by Village Board Village of Sugar Grove All approved by Staff City of Elgin All approved by Staff Staff proposes to amend the text in Section 11-5-2F of the Subdivision Control Ordinance as follows: “F. Reduction of Subdivision Securities Final acceptance, approval of land improvements and corresponding reduction or release of Letters of Credit and/or Performance Bonds shall be as follows: 1. The City Engineer shall issue a written recommendation including the basis for approving, denying or modifying a request for reduction. The recommendation shall include the amount of the reduction based upon the Engineer’s estimate of probable cost as adjusted by an inflation factor from the initial date of issuance of the Letter of Credit or Performance Bond to the date of reduction. In order to calculate the inflation factor, the Engineering News Record Construction Cost Index shall be used. The City engineer shall also determine the remaining amount of the Letter of Credit and/or Performance Bond after the reduction. 2. The City Engineer’s written recommendation shall be forwarded to the City Administrator for approval. 3. Upon the City Administrator’s concurrence with the City Engineer’s recommendation, the reduction shall be deemed approved or denied and the City Engineer is authorized to issue a letter to implement the decision. 4. In the event the City Administrator does not concur with the City Engineer’s recommendation, the Mayor shall have the final authority to approve or deny the City Engineer’s recommendation. 5. A developer may appeal the decision of the City Administrator to the Mayor, who shall review and make a final determination to affirm or reverse the City Administrator’s initial decision. 6. The City Administrator or designee shall issue reports quarterly or more frequently as deemed appropriate, to the Mayor and City Council that summarize Letter of Credit and/or Performance Bond reduction requests that have been received and actions taken pursuant to those requests.” If approved, any staff approved reductions would still be presented on a City Council agenda as a staff report for public record, similar to how the bills lists is currently provided as an administrative item. Staff Comments & Recommendation Since the proposed policy would streamline the reduction procedure , remain consistent with reduction policies of neighboring communities and still be presented to the City Council for informational purposes, staff recommends the proposed text amendment to make all reductions in subdivision securities an administrative action be approved. Proposed Motion: In consideration of testimony presented during a Public Hearing on March 11, 2014 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council a request for text amendment to Title 11, Chapter 5, and Subsection 11-5-2F of the Municipal Subdivision Control Ordinance related to a revised procedure for the reduction and release of subdivision securities, as proposed in a memorandum prepared by staff dated March 4, 2014, subject to {insert any additional conditions of the Plan Commission}… Attachments: 1. Section 11-5-2: Subdivision Securities of the City of Yorkville Municipal Code Book. 2. Proposed Draft Ordinance 3. Copy of Public Notice. 11-5-2: SUBDIVISION SECURITIES: A. Construction Guarantee: In lieu of construction in section 11-5-1 of this chapter, the subdivider shall post with the city, a construction guarantee in the form of an irrevocable letter of credit or irrevocable performance bond, payable to the United City Of Yorkville, sufficient to cover the full cost, plus twenty percent (20%), of the required improvements, as estimated by the engineer employed by the subdivider and approved by the city engineer, to assure the satisfactory installation of required improvements as outlined in this chapter, and contained in the approved plans and specifications. A surety or bank recognized by the state of Illinois, and approved by the city attorney, shall issue the bond or letter of credit posted, and shall carry a rating sufficient to cover the cost of construction. The subdivider shall use the standard bond form or letter of credit form used by the city. Construction guarantee shall not be reduced to below twenty percent (20%) of the approved engineer's estimate prior to acceptance of the public improvements by the city. The construction guarantee shall not expire for at least one year. Subsequent renewals of the construction guarantee shall also be for a period of at least one year. B. Projects Nearing Two Years: Projects nearing two (2) years into construction will receive a status inquiry letter from the city engineer and require an updated public improvement completion (PIC) schedule. C. Projects Nearing Three Years: Projects nearing three (3) years into construction will receive a status inquiry letter from the city engineer with a punchlist of uncompleted improvements and will require an updated PIC schedule. D. Projects Nearing Four Years: Projects nearing four (4) years into construction will receive a status inquiry letter from the city engineer with a punchlist of uncompleted improvements, require an updated PIC schedule and formal notification that the project will be in default if an extension is not requested and approved prior to the four (4) year construction deadline. E. Projects Over Four Years: Projects over four (4) years into construction will receive notification of default from the city engineer, at the city council direction, indicating that the letter of credit or performance bond is subject to a demand for call within sixty (60) days of the date of the notice should the developer not seek an extension for completion. F. Reduction Of Subdivision Securities: Final acceptance, approval of land improvements and corresponding reduction or release of letters of credit and/or performance bonds for Page 1of 2Sterling Codifiers, Inc. 3/25/2013http://www.sterlingcodifiers.com/codebook/printnow.php developments whose initial letter of credit or performance bond amount is less than one million dollars ($1,000,000.00) shall be as follows: 1. The city engineer shall issue a written recommendation including the basis for approving, denying or modifying a request for reduction. The recommendation shall include the amount of the reduction based upon the engineer's estimate of probable cost as adjusted by an inflation factor from the initial date of issuance of the letter of credit or performance bond to the date of reduction. In order to calculate the inflation factor, the engineering news record construction cost index shall be used. The city engineer shall also determine the remaining amount of the letter of credit and/or performance bond after the reduction. 2. The city engineer's written recommendation shall be forwarded to the city administrator for approval. 3. Upon the city administrator's concurrence with the city engineer's recommendation, the reduction shall be deemed approved or denied and the city engineer is authorized to issue a letter to implement the decision. 4. In the event the city administrator does not concur with the city engineer's recommendation, the mayor shall have the final authority to approve or deny the city engineer's recommendation. 5. A developer may appeal the decision of the city administrator to the mayor, who shall review and make a final determination to affirm or reverse the city administrator's initial decision. 6. The city administrator or designee shall issue reports quarterly or more frequently as deemed appropriate, to the mayor and city council that summarize letter of credit and/or performance bond reduction requests that have been received and actions taken pursuant to those requests. 7. Final acceptance, approval of land improvements and corresponding reduction or release of letters of credit and/or performance bonds for developments whose initial letter of credit or performance bond amount is more than one million dollars ($1,000,000.00) shall be approved by the city council. (Ord. 2012-27, 8-28-2012) Page 2of 2Sterling Codifiers, Inc. 3/25/2013http://www.sterlingcodifiers.com/codebook/printnow.php Ordinance No. _____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AMENDING THE REQUIREMENTS IN THE YORKVILLE SUBDIVISION CONTROL ORDINANCE REGARDING PROCEDURES FOR THE REDUCTION OF SUBDIVISION SECURITIES WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 11-7-1 of the Yorkville Subdivision Control Ordinance the Mayor and City Council (the “Corporate Authorities”) may initiate amendments to the Yorkville Subdivision Control Ordinance; and, WHEREAS, the Corporate Authorities on ______ authorized the filing of amendments to the Yorkville Subdivision Control Ordinance regarding procedures for the reduction of subdivision securities; and, WHEREAS, the Plan Commission convened and held a public hearing on the ___ day of ______, 2014, to consider the request to amend the Subdivision Control Ordinance and, WHEREAS, the Plan Commission after the close of the hearing approved findings of fact and made a recommendation to the Corporate Authorities that the proposed amendment s be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the above recitals are incorporated and made a part of this Ordinance. Section 2: That Title 11, Chapter 5, Subsection 11-5-2F of the Yorkville City Code, as amended, be and is hereby amended to read a follows: “F. Reduction of Subdivision securities Final acceptance, approval of land improvements and corresponding reduction or release of Letters of Credit and/or Performance Bonds shall be as follows: (1) The City Engineer shall issue a written recommendation including the basis for approving, denying or modifying a request for reduction. The recommendation shall include the amount of the reduction based upon the Engineer’s estimate of probable cost as adjusted by an inflation factor from the initial date of issuance of the Letter of Credit or Performance Bond to the date of reduction. In order to calculate the 2 inflation factor, the Engineering News Record Construction Cost Index shall be used. The City engineer shall also determine the remaining amount of the Letter of Credit and/or Performance Bond after the reduction. (2) The City Engineer’s written recommendation shall be forwarded to the City Administrator for approval. (3) Upon the City Administrator’s concurrence with the City Engineer’s recommendation, the reduction shall be deemed approved or denied and the City Engineer is authorized to issue a letter to implement the decision. (4) In the event the City Administrator does not concur with the City Engineer’s recommendation, the Mayor shall have the final authority to approve or deny the City Engineer’s recommendation. (5) A developer may appeal the decision of the City Administrator to the Mayor, who shall review and make a final determination to affirm or reverse the City Administrator’s initial decision. (6) The City Administrator or designee shall issue reports quarterly or more frequently as deemed appropriate, to the Mayor and City Council that summarize Letter of Credit and/or Performance Bond reduction requests that have been received and actions taken pursuant to those requests.” Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ________ day of ____________________, 2014. ______________________________ CITY CLERK ROSE ANN SPEARS ________ DIANE TEELING ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ CARLO COLOSIMO ________ JOEL FRIEDERS ________ CHRISTOPHER FUNKHOUSER _______ LARRY KOT ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________ 2014. ______________________________ MAYOR PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2014-03 NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, is proposing to amend Title 11, Chapter 5, and Subsection 11-5-2F of the Municipal Subdivision Control Ordinance related to City Council a revised procedure for the reduction and release of subdivision securities. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said request on Wednesday, March 12, 2014 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time 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 60560, 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 Background: The City’s zoning ordinance specifically identifies “filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes” as an allowable use only in the R-1 One-Family Residence District by special use permit. However, due to the cumulative nature of the zoning ordinance, all permitted and special uses allowed in the R-1 District are also allowed as permitted and special uses in the R-2 One Family Residence District. As the Plan Commission will recall, staff has previously suggested 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 stems from the special use request in April 2012 by D. Construction to use clean soil to fill and grade property zoned R-2 in the City without having a proposed land plan. At that time, the Plan Commission recommended unanimously to deny the request and City Council upheld that 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. Suggested Text Amendments: The following is the proposed text amendment omitting lowland filling as Special Uses within the R-1, One-Family Residences District: Section 10-6B-2, R-1 One-Family Residence District: Special Uses: Filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes. Staff Recommendation Summary: Staff has reviewed the text amendment request and has concluded that a special use would not be appropriate for this type of use. All other zoning districts within the city do not require a special use for the filling of lowlands. The City does require the issuance of Site Plan Development permit prior to granting approval of such land development activities with review conducted at a staff level by the engineering consultant for every other zoning district and therefore should not require a special use in the residential districts. Staff recommends the following: 1. Amend Title 10-6B-2 to omit lowland filling as a special use within the R-1, One-Family Residence District. Memorandum To: Plan Commission From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: April 4, 2014 Subject: PC 2014-04 Lowland Filling Staff will be available to answer any questions the Plan Commission may have regarding the text amendment. 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 April 9, 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 6, Article B; R-1 One-Family Residence District of the United City of Yorkville’s City Code, as presented by staff in a memorandum dated April 4, 2014, and further subject to {insert any additional conditions of the Plan Commission}…. Attachments: 1. Current Title 10, Chapter 6, Article B of the United City of Yorkville’s Municipal Zoning Ordinance. 2. Copy of Public Notice. ARTICLE B. R-1 ONE-FAMILY RESIDENCE DISTRICT 10-6B-1: USES PERMITTED: The following uses are permitted: Accessory uses. Churches, rectories and parish houses. Golf courses, regulation size, but not including "par 3" golf courses, commercially operated driving ranges or miniature golf courses; and provided, that no clubhouse or accessory building shall be nearer than five hundred feet (500') to any dwelling on an adjacent zoning lot. Home occupations. Off street parking facilities, as required or permitted in accordance with the provisions of chapter 11 of this title. One-family detached dwellings. Parks, forest preserves and recreational areas, when publicly owned and operated. Public utility facilities, as defined in the state act entitled "an act concerning public utilities1". Schools; public, denominational or private, elementary and high, including playgrounds, garages for school buses and athletic fields auxiliary thereto. Seminaries, convents, monasteries and similar religious institutions, including dormitories and other accessory uses required for operation. Signs, as permitted and regulated by title 8, chapter 11 of this code. Temporary buildings for construction purposes for a period not to exceed such construction. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994; Ord. 2000-1, 1-27-2000) 10-6B-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions Page 1of 4Sterling Codifiers, Inc. 4/2/2014http://www.sterlingcodifiers.com/codebook/printnow.php of section 10-14-6 of this title: Airports or aircraft landing fields. Cemeteries, including crematories and mausoleums in conjunction therewith if not located within five hundred feet (500') of any dwelling. Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings and structures when located on the college or university grounds, but not including business colleges or trade schools when operated for profit. Daycare centers. Filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes. Institutions for the aged and for children. Philanthropic and eleemosynary institutions. Planned residential or institutional developments under single ownership or control in which incidental business or recreational facilities for the convenience of the occupants may be furnished. For such developments, the city council may vary the bulk regulations of this title, provided such variations are consistent with the general purpose and intent of this title and as set forth in chapter 14 of this title, and will result in better site planning and thus be of greater benefit both to the occupants of the development and to the surrounding area. Private recreational areas or camps when not operated for profit. Public service uses: Electric substations and booster stations. Filtration plant, pumping station and water reservoir. Police and fire station. Sewage treatment plant. Telephone exchange. Radio and television towers, commercial. Railroad rights of way and trackage, but not including classification yards, terminal facilities or maintenance facilities. Rest homes, nursing homes, hospitals and sanitariums, for human beings only. Page 2of 4Sterling Codifiers, Inc. 4/2/2014http://www.sterlingcodifiers.com/codebook/printnow.php Schools, day or nursery, public or private. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7 -15-1994; Ord. 1995-20, 8-10-1995; Ord. 2000-1, 1-27-2000) 10-6B-3: LOT AREA: A. Every one-family detached dwelling hereinafter erected shall be located on a tract of land having an area of not less than eighteen thousand (18,000) square feet and with a width at the established building line not less than one hundred feet (100'). B. All nonresidential principal use buildings, as permitted in this article, shall be located on a tract of land having an area of not less than eighteen thousand (18,000) square feet and with a width at the established building line of not less than one hundred feet (100'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 1988-2, 1-28-1988; Ord. 1994-31, 7-15-1994; Ord. 2000-1, 1-27-2000) C. Lot size for special uses shall be specified in the special use permit but shall not be less than five (5) acres. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994; Ord. 2000-1, 1-27-2000) 10-6B-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 forty feet (40'). B. Side Yards: A side yard on each side of the zoning lot of not less than fifteen feet (15'), except where a side yard adjoins a street, the minimum width shall be increased to forty feet (40'). C. Rear Yard: A rear yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994; Ord. 2000-1, 1-27-2000) Page 3of 4Sterling Codifiers, Inc. 4/2/2014http://www.sterlingcodifiers.com/codebook/printnow.php 10-6B-5: LOT COVERAGE: Not more than thirty percent (30%) of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. Drives and sidewalks on grade are not to be considered structures. (Ord. 2003-40, 7-22-2003) 10-6B-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or structurally altered to exceed the following heights: A. One-Family Detached Dwellings: Thirty feet (30') and not more than 2.5 stories, whichever is less. B. Churches: Seventy five feet (75') for towers and steeples, but not more than forty five feet (45') for the main structure. C. Other Nonresidential Buildings: Other nonresidential permitted buildings and structures shall not exceed thirty five feet (35') and not more than three (3) stories in height. Parapet walls, chimneys, cooling towers, stacks and necessary mechanical appurtenances may be erected over and above the maximum height of thirty five feet (35'), provided they are constructed in accordance with all other regulations of the city. D. Special Uses: Maximum height limitations shall be specified with the granting of a special use permit. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994; Ord. 2000-1, 1- 27-2000) Page 4of 4Sterling Codifiers, Inc. 4/2/2014http://www.sterlingcodifiers.com/codebook/printnow.php PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2014-04 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 deleting the Special Use of, “Filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes ” from the list of Special Uses in the R-1, One-Family Residence District in the Zoning Ordinance. This amendment will also delete it as a permitted Special Use in all other Residential Districts. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, April 9, 2014 at 7 p.m. at the United City of Yorkville, City Hall, 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 Staff Recommendation Summary: Staff has reviewed the memorandum from Kendall County Planning and Zoning and the Preliminary and Final Plat attached. This property is located within one and a half miles of the planning boundary for Yorkville allowing us the opportunity to review for comments to Kendall County. The petition is requesting a preliminary and final plat of subdivision for 2 lots located within the County. The property was rezoned to R-2 in 1994, but was never platted into the 2 separate lots. This item was delivered to the City on March 20, 2014 with feedback needed by April 4, 2014. This item was heard at the April 7, 2014 Zoning Platting and Advisory Committee meeting at the County Office Building. Staff had no additional comments based on the information presented. Staff will be available to answer any questions the Plan Commission may have regarding the County Petition. Attachments: 1. Kendall County Planning and Zoning Memo 2. Preliminary and Final Plat Memorandum To: Plan Commission From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: April 4, 2014 Subject: Kendall County Case #14-06 Staff Recommendation Summary: Staff has reviewed the memorandum from Kendall County Planning and Zoning and the Boundary Survey attached. This property is located within one and a half miles of the planning boundary for Yorkville allowing us the opportunity to review for comments to Kendall County. The petition is requesting a variance to build an accessory structure (detached garage) that will be in the front yard setback. The regulation is a minimum of 50’ for a front yard setback in the R-3 District and the petitioner will be at 40’, resulting in a request for a 10’ variance. This item was delivered to the City on March 20, 2014 with feedback needed by March 28, 2014. This item was heard at the March 31, 2014 Zoning Board of Appeals meeting at the County Office Building. Staff had no additional comments based on the information presented. Staff will be available to answer any questions the Plan Commission may have regarding the County Petition. Attachments: 1. Kendall County Planning and Zoning Memo 2. Boundary Survey Memorandum To: Plan Commission From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: April 4, 2014 Subject: Kendall County Case #14-04