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Plan Commission Packet 2014 07-09-14 PLAN COMMISSION AGENDA Wednesday, July 9, 2014 Yorkville City Hall Conference Room 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: May 14, 2014 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PC 2014-10 Willman and Groesch, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting Special Use Permit approval for a proposed new daycare center within the Kendall Crossing Subdivision and a request for an amendment to the existing Kendall Crossing Planned Unit Development (PUD) to identify the Lighthouse Academy daycare center on Lot 6 of said development. The real property consists of an approximately 1 acre lot and is located north of US Route 34 at the southwest corner of Illinois Route 47 and Countryside Parkway, in Yorkville, Illinois. 2. PC 2014-11 The United City of Yorkville, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a text amendment deleting Chapter 17: Small Wind Energy Systems in the Zoning Ordinance and replacing it with a new Alternative Energy Systems chapter. This text amendment will provide regulations for the installation and operation of wind energy and solar energy systems. 3. PC 2014-12 The Yorkville Community Unit School District #115, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for the construction and operation of a free standing wind turbine system with a minimum height of seventy feet (70’) to be installed at the Yorkville Middle School. The real property is located at 920 Prairie Crossing Drive in Yorkville, Illinois. 4. PC 2014-13 Kendall Crossing, LLC, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Kendall Crossing Subdivision Planned Unit Development (PUD) for two (2) proposed new double-faced illuminated monument signs. The signs will have a dimension of 16 feet by 31 feet 2 inches and be located at the entry ways to Kendall Crossing Subdivision at the intersections of Countryside Parkway and IL Route 47 and US Route 34 and Center Parkway. The real property consists of an approximately 18 acres and is located at the northwest corner of Illinois Route 47 and US Route 34 in Yorkville, Illinois. Old Business New Business United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us 1. PC 2014-10 Willman and Groesch, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting Special Use Permit approval for a proposed new daycare center within the Kendall Crossing Subdivision and a request for an amendment to the existing Kendall Crossing Planned Unit Development (PUD) to identify the Lighthouse Academy daycare center on Lot 6 of said development. - Action Item Special Use 2. PC 2014-11 The United City of Yorkville, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a text amendment deleting Chapter 17: Small Wind Energy Systems in the Zoning Ordinance and replacing it with a new Alternative Energy Systems chapter. - Action Item Text Amendment 3. PC 2014-12 The Yorkville Community Unit School District #115, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for the construction and operation of a free standing wind turbine system with a minimum height of seventy feet (70’) to be installed at the Yorkville Middle School. - Action Item Special Use 4. PC 2014-13 Kendall Crossing, LLC, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Kendall Crossing Subdivision Planned Unit Development (PUD) for two (2) proposed new double-faced illuminated monument signs. The signs will have a dimension of 16 feet by 31 feet 2 inches and be located at the entry ways to Kendall Crossing Subdivision at the intersections of Countryside Parkway and IL Route 47 and US Route 34 and Center Parkway. - Action Item Special Use Amendment Additional Business 1. County Administrative Variance a. John Dalton, Petitioner – 11218 River Road. Height Variance. 2. City Council Action Updates The following items were presented to the City Council on May 27, 2014 and the following votes were issued: a. PC 2014-02 Indoor & Outdoor Amphitheaters – Text Amendment b. PC 2014-05 Heartland Meadows - Special Use for Planned Unit Development c. PC 2014-06 Heartland Meadows – Preliminary Plan 3. Comprehensive Plan Update 2014 a. Request for Proposals (RFP) Submittals Adjournment DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION City Council Chambers Wednesday, May 14, 2014 7:00pm Commission Members in Attendance Chairman Tom Lindblom Michael Crouch Jeff Baker Deborah Horaz Charles Kraupner Amy Cesich, Park Board Absent: Jane Winninger, Jack Jones, James Weaver, Art Prochaska Other City Staff Krysti Barksdale-Noble, Community Development Director Chris Heinen, City Planner Tim Evans, Director of Parks and Recreation Chris Funkhouser, Alderman Brad Sanderson, Engineer EEI Other Guests Christine Vitosh, DepoCourt Reporter John Schneider Dan Kramer, Attorney Richard Carlson Clayton Marker, Heartland Stephen Hart Gary Neyer, Heartland Traci Hart Fred Gaebler Joan Robb Becky Sleezer Bruce Best Joyce Best 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. Chairman Lindblom welcomed new Commissioner Deborah Horaz. He also announced that Commissioners Jack Jones, Jeff Baker and Jane Winninger have each been reappointed for another 4-year term. Minutes April 17, 2014 The minutes were approved as presented on a motion by Baker and second by Kraupner. Unanimous voice vote approval. Citizen’s Comments None Page 1 of 5 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 and private, indoor and outdoor amphitheaters as Special Uses within Business Districts in the Zoning Ordinance. Motion: Commissioners Kraupner and Crouch moved and seconded, respectively, to open the Public Hearings. Unanimous voice vote approval. Chairman Lindblom swore in those who would speak at the Hearing and the Hearing opened at 7:03pm. Amphitheaters was tabled from the last Plan Commission meeting and there was no further discussion. This Hearing was closed at 7:04pm on a motion by Crouch and second by Kraupner, approved by unanimous voice vote. 2. PC 2014-05 Marker Inc., Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a Special Use for Planned Unit Development (PUD) approval for the purpose of developing a new 47 lot active adult community to be named Heartland Meadows. The real property consists of approximately 7.9 acres located east of Illinois Route 47 at the southwest corner of Jackson and Freemont Streets, in Yorkville, Illinois. The Heartland Meadows Hearing began at 7:05pm and concluded at 7:40pm on a motion and second by Crouch and Kraupner, respectively. Motion approved by unanimous voice vote. (See Court Reporter's Transcript for Details) Chairman Lindblom asked to reverse the order of New Business and Old Business to discuss Heartland Meadows first and the Board members agreed. New Business (moved up on agenda) 2. PC 2014-05 (Heartland Meadows--see #2 under Public Hearings) Discussion: Amy Cesich was present on behalf of the Park Board to bring forth a land cash amount recommendation. She said the Park Board is asking for $50,000 per acre with front- funding and she said the Board felt the suggested lower amount of $30,000 per acre would set a precedent. She said that park maintenance costs do not decrease and Ms. Horaz added that parks sell homes. Attorney Kramer clarified if the Park Board was asking for $50,000 for an improved acre. He said that two recently sold properties sold for $18,000 for an annexed, entitled and zoned acre. He said the ordinance does not call for an entitled acre, but rather a developed acre. Ms. Cesich said, for the record, that the Park Board was not in agreement for these transactions. Page 2 of 5 Engineer Sanderson summarized the engineering report and said there were no major issues. The street width in this development will be the same as the rest of the City, however, driveways will be shorter. Parking will only be allowed on 1 side of the street. Mr. Baker expressed concern for the setbacks and ingress/egress for fire trucks and ambulances. Staff is working with Attorney Kramer on the reduced depth of the storm sewer of 3 feet. Chairman Lindblom said he was concerned with the 5-foot sideyard setbacks because of the fire danger and suggested the homes should have a sprinkler system or all brick on the sides (no vinyl siding), no side windows/doors and double drywall on the inside. Commissioner Horaz concurred with Mr. Lindblom on the siding and setbacks. Mr. Lindblom asked for a combination of these conditions to be added to the amendment. Ms. Horaz said, for the record, she also has issues with density, safety and parking. Mr. Kraupner said he agreed with Mr. Lindblom on the sideyards. He also asked what the square footage is for the houses, however, it is not finalized yet. Ms. Barksdale-Noble said the petitioner is also requesting preliminary plan approval and when the final engineering is completed, they will come back for final plat approval. Mr. Crouch questioned if the Commission is ready for the preliminary plan. He said he shares some of the same concerns as other Commissioners. He said while there is a market for this type of development, he feels there will be more traffic issues with the parking on one side of the street. He also thinks the density is too high and cited a city survey where residents expressed concern for lots smaller than 12,000 square feet and the impact on other residents. Mr. Kramer noted that a similar southside development is very successful and said many of the lots in older parts of town are very small. Action Item Special Use for Planned Unit Development (PUD) Motion: Mr. Crouch made a motion as follows: in consideration of the proposed Heartland Meadows Subdivision, the Plan Commission recommends approval to the City Council of a request for rezoning of the property from R-1 One-Family District to R-2 One-Family District and Special Use for Planned Unit Development allowing such variances in bulk regulations as requested by the developer, Marker Inc. Mr. Baker seconded the motion. Chairman Lindblom asked to amend the motion by adding the following language: “approval of sideyard requirements for construction and construction materials to be approved by Fire Department”. Commissioner Horaz seconded the amended motion. There was no further discussion and the addition of the amendment to the motion was approved on a roll call vote: Crouch-yes, Horaz-present, Kraupner-yes, Baker-yes, Cesich-yes, Lindblom-yes. Motion passed with 5-yes and 1- present. With no further discussion, the Commission then voted on the amended motion. Roll call: Kraupner-yes, Crouch-no, Baker-no, Horaz-no, Cesich-no, Lindblom-no. Motion failed with 1 yes and 5 no. Page 3 of 5 3. PC 2014-06 Marker Inc. Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting Preliminary Plan approval for the purpose of developing a new 47 lot active adult community to be named Heartland Meadows. The real property consists of approximately 7.9 acres located east of Illinois Route 47 at the southwest corner of Jackson and Freemont Streets in Yorkville, Illinois. Action Item Preliminary Plan Motion: Mr. Crouch made a motion as follows: In consideration of the proposed Heartland Meadows Subdivision, the Plan Commission recommends approval to the City Council of a request for Preliminary Plan approval, as presented by the Petitioner in a plan prepared by James Olson, dated May 4, 2014, subject to review comments prepared by the City's Engineering consultant, EEI, in a letter dated April 4, 2014 and in staff recommendations provided in a memorandum dated May 7, 2014 and further subject to City Council approval of the rezoning of the property from R-1 One-Family District to R-2 One-Family District and Special Use for Planned Unit Development allowing such variances in bulk regulations as requested by the developer, Marker Inc. The motion was seconded by Mr. Baker. There was no discussion and roll call was taken: Baker-no, Horaz-no, Cesich-no, Crouch-no, Kraupner-yes, Lindblom-no. Motions fails 1-5. 1. PC 2014-02 (see #1 under Public Hearings Regarding Amphitheaters) Mr. Heinen said this item had been at the last meeting and Mr. Baker suggested that a manufacturing district be added as an acceptable location. Staff added manufacturing in a text amendment. Chairman Lindblom recapped last month's discussion and the pros and cons of the music being heard in residential areas. Ms. Horaz added that she can hear music from festivals in the White Oak area. Others noted similar experiences and Mr. Kraupner said he hears music from events, but he enjoys it and said it “makes the community”. It was noted that the City has no control over music from the PNA camp. The Amphitheaters are considered a Special Use and Mr. Heinen said a Public Hearing would be needed for the Special Use. Action Item Text Amendment There was no further discussion and Mr. Crouch made the following 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, Article C; B-2 General Business District, Article D; B-3 Service Business District and Title 10, Chapter 8, Article A; Limited Manufacturing District and Article B; General Manufacturing District of the United City of Yorkville's City Code, as presented by staff in a memorandum dated March 6, 2014. Mr. Kraupner seconded this motion. No further discussion. Roll call: Baker-yes, Horaz-present, Crouch-yes, Kraupner-yes, Lindblom-no. Motion passes: 3-yes, 1-present, 1-no. Old Business None (out of order on agenda) Page 4 of 5 Additional Business 1. City Council Action Updates Krysti Barksdale-Noble updated the Commissioners regarding items presented to the City Council on April 22, 2014. (See attached memo from City Planner Chris Heinen for a summary of the items and their results). 2. Zoning Commission Update Information regarding the Zoning Code Revisions was put onto an interactive website and staff received much feedback. Graphics were also posted along with yes/no and feedback questions. A June open house is being planned and the revised code will go before the City Council in July. Mr. Crouch and Mr. Baker both serve on the committee and Mr. Crouch said the code had not been revised since the original adoption in 1973. Chairman Lindblom thanked the Zoning Commission and staff members for their hard work on this project. 3. Comprehensive Plan Update 2014 The current plan was done in 2008 and is now being revamped. RFP's are being sent to outside firms for the update. Mr. Heinen gave a timeline of the various deadline dates for this process and it is hoped to select a firm in July and begin work in August lasting 18-24 months. The firm will give presentations to the Plan Commission during this time. Unique civic engagement opportunities and technology will be used to disseminate information to residents. Adjournment The meeting was adjourned at 8:28pm on a motion and second by Mr. Crouch and Ms. Horaz respectively. Respectfully transcribed by Marlys Young, Minute Taker Page 5 of 5 Petitioner’s Request: The applicant, Willman and Groesch, is seeking to amend the existing Kendall Crossing Special Use Permit for Planned Unit Development (PUD) to identify a proposed new building with the PUD and authorize the building’s user, a daycare center, as a special use within the commercial development. Due to the development’s underlying zoning of B -2 General Business District, daycare centers are allowed only as a Special Use. The proposed new daycare center, Lighthouse Academy, will be relocating from its current operation in the Heartland Business Center to a portion of Lot 6 in the Kendall Crossing development which has recently been subdivided into two (2) parcels through the Plat Act exemption. Project Background: As the Plan Commission will recall, on November 5, 2012, via Ordinance 2012-40 (see attached), the City Council approved a Special Use Permit for Planned Unit Development specifically for the 38,500 square foot cinema complex and allowed for the subdivision of various outlots within the Kendall Crossing commercial development. This agreement authorized the construction of the movie theater building only, and granted relief from certain zoning and bulk regulations related to that use. Since the approving ordinance only authorized uses that were outright permitted by the current underlying zoning and no further deviations were explicitly provided for within the Special Use Permit, the request for the proposed new daycare center requires additional review and approval by the Plan Commission and City Council, respectively. Approval is also required for the proposed new building on the recently subdivided lot. Property/Project Description: As proposed, the approximately 10,450 square foot one-story facility will be located on an acre of land in Lot 6 of the Kendall Crossing development. The site plan for the daycare center also includes off-street parking as well as an outdoor fenced play area. The remaining acreage of Lot 6 will be developed for a future Memorandum To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: June 30, 2014 Subject: PC 2014-10 – Lighthouse Academy Daycare Center Lot 6 of Kendall Crossing PUD (Request for Special Use Permit) user at a later date in accordance with the approved Planned Unit Development (PUD). Staff Comments: Staff is supportive of the proposed new daycare center within this B-2 General Business District zoned planned unit development, as the same daycare center operated without incident in a similar commercial development and was complementary to the surrounding retail uses. While business districts are typically zoned for uses that generate sales tax revenue, daycare centers are considered service-based uses and rarely provide local sales tax dollars. Due to this reasoning, the location within a business district is subject to the special use process to ensure it is the right fit within the district which strives to maintain a balance between sales tax generating and service-based uses. After careful consideration of all these factors, the petitioner and the PUD owner, is confident in the positioning of the facility in this location. The site plan has been reviewed by the City’s engineering consultant and drainage, utilities and ingress and egress to access roads have been or will be adequately met. Consideration of the application for Special Use and the appropriateness of the use will be based upon the standards for special use. Standards for Special Use: Section 10-14-6F of the City’s Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the Plan Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. The petitioner has provided responses to the above standards in their application for Special Use which has been attached for your reference. Proposed Motion: In consideration of testimony presented during a Public Hearing on July 9, 2014 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 of the Kendall Crossing Planned Unit Development (PUD) for the purpose of allowing the construction of a new Lighthouse Academy daycare center, as proposed by Willman and Groesch, as submitted in an application dated May 19, 2014, subject to {insert any additional conditions of the Plan Commission}… Attachments: 1. Copy of Petitioner’s Application w/exhibits. a. Legal Description b. List of Surrounding Property Owners within 500 feet c. Ordinance No. 2013-27 Approving a Development Agreement for Kendall Crossing d. Plat of Part of Lot 6 Kendall Crossing PUD e. Petitioner’s responses to the Special Use Standards 2. Ordinance No. 2012-40 Approving Preliminary Concept Plan for a Special Use Permit Application of a Planned Unit Development (Kendall Crossing) 3. Kendall Crossing PUD- Final Plat 4. Geometric/Site Plan prepared by Koziol Engineering Services, dated 3/27/14. 5. Elevations prepared by Koziol and Brown Architects and Engineers, dated 3/25/14. 6. Draft of Mutual and Reciprocal Driveway and Maintenance Easement for Ingress and Egress Purposes Agreement 7. Copy of Public Notice UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2012-40 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING PRELIMINARY CONCEPT PLAN FOR A SPECIAL USE PERMIT APPLICATION OF A PLANNED UNIT DEVELOPMENT FORA 38,500 SQUARE FOOT CINEMA COMPLEX AND VARIOUS OUTLOTS Kendall Crossing) Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 23`d day of October, 2012 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on November 20,2012. Ordinance No. 2012- qo AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING PRELIMINARY CONCEPT PLAN FOR A SPECIAL USE PERMIT APPLICATION OF A PLANNED UNIT DEVELOPMENT FORA 38,500 SQUARE FOOT CINEMA COMPLEX AND VARIOUS OUTLOTS Kendall Crossing) 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, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 511-1-1, et seq.), the Mayor and City Council of the City (collectively, the "Corporate Authorities") may provide for the classification of special uses in its zoning ordinances; and, WHEREAS, pursuant to the Yorkville Zoning Ordinance (hereinafter referred to as the "Zoning Code"), any person owning or having an interest in property may file an application to use such land for one or more of the special uses provided for in the zoning district in which the land is situated; and, WHEREAS, James G. Ratos of Yorkville, Illinois (hereafter "Developer"), is the contract purchaser of the approximately 18.5-acre property located within the northwest quadrant of Illinois Route 47 and US Route 34, Yorkville, Illinois, legally described in Exhibit A, attached to and made a part of this Ordinance (the "Subject Property"); and, WHEREAS, under the authority of the Zoning Code, the Subject Property is located in a designated B-2 General Business District, and a planned unit development (PUD) is allowed in this district as a special use pursuant to Section 10-13-2-C of the Zoning Code; and, WHEREAS, the Corporate Authorities have received a request for preliminary concept plan approval of a special use permit for the Subject Property as a planned unit development (PUD) for a 38,500 square foot cinema complex and various outlots from the Developer as depicted in a plan prepared by RB & Associates Consulting Inc. dated September 10, 2012, attached as Exhibit B to this ordinance; and, WHEREAS, a legal notice of publication regarding a public hearing before the Plan Commission on the proposed special use permit was duly published on October 1, 2012, in the Beacon Newspaper, a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen 15) days prior to the public hearing; and, WHEREAS, notice to property owners within 500 feet of the boundaries of the Subject Property identified for the special use was delivered by certified mail; and, WHEREAS, the Plan Commission convened and held a public hearing on the 17` x' day of October 2012, on the question of the special use application; and, WHEREAS, the Plan Commission reviewed the standards set forth in Section 10-14-6(F) of the Zoning Code, and testimony provided during said public hearing; and, Ordinance No. 2012-140 Page 2 WHEREAS, the Plan Commission prepared its written findings of fact which are contained within the meeting minutes and in a memorandum to the City Council from the Community Development Director dated October 18, 2012 attached hereto as Exhibit C and shall be incorporated herein; and, WHEREAS, the Plan Commission found that the preliminary concept plan for the special use met the standards and recommended to the City Council the approval of the preliminary concept plan for the Subject Property. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. The Corporate Authorities hereby approve a preliminary concept plan for a special use as a planned unit development of a 38,500 square foot cinema complex and various outlots as depicted in Exhibit B for the Subject Property located within the northwest quadrant of Illinois Route 47 and US Route 34. Section 3. That the preliminary concept plan approved herein shall be subject to the following conditions: 1. The Developer must submit and obtain approval of Preliminary Plan or Final Plat for the Subject Property within one (1) year from the date of this ordinance. 2. Authorization to vary from Section 10-1-3-C, the required off-street parking standards, to permit parking spaces that are narrower in width than the minimum required 8.5 feet for 90 degree stalls and the Landscape Ordinance requirements to provide one (1) landscaped islands for every 20 parking spaces, per staff s review and approval. 3. Authorization to vary from Section 10-11-4-B the number of required off-street parking stalls to provide 418 spaces rather than 662 spaces as required. 4. Authorization to vary from Section 10-11-6-M, required off-street loading requirements, to permit one(1) off-street loading dock for the theater, rather than the two (2) docks required. 5. Authorization to vary from the Subdivision Control Ordinance and stormwater management requirements, subject to the review of final engineering plans and the recommendation(s) of the City Engineer. Section 4. 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 c2,3 day of QQT08P-k A.D. 2012. 600 - . DEPuzy CITY CLERK Ordinance No. 201244-0 Page 3 ROSE ANN SPEARS DIANE TEELING V KEN KOCH JACKIE MILSCHEWSKI V CARLO COLOSIMO MARTY MUNNS LARRY KOT CHRIS FUNKHOUSER T Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this J day of 1J0VE1W 66-2 2012. ti MAYOR Ordinance No. 2012--qt! Page 4 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. Finding: The property was previously used as a very active retail center since the early 1970s until its demolition. The use for the Cinema will not in any way change the commercial use or impact the surrounding ownership of properties. In fact it should increase substantially the property values in the neighborhood by having a thriving commercial district once again located in Countryside Center. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Finding: Same Answer. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. Finding: Plans are currently being reviewed as to final design, and will provide adequate access, drainage, and all utility facilities which are to the site. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. Finding: Same answer as to 4 above. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. Finding: Other than the Planned Unit Development modifications indicated in the Staff Report, and the installation of monument signage closely resembling the previous monument signage that existed at Route 47 and Route 34, the proposal complies with all Ordinances of the United City of Yorkville other than specifically modified by this PUD Amendment. Staff Comments: At this time the Petitioner is seeking Preliminary Concept Plan approval for a Special Use permit as a PUD only and will return before the City Council at a later date with engineering plans for Final Plat approval. For your reference, staff has attached a copy of the memorandum submitted to the Plan Commission regarding this request, as well as a draft ordinance approving the Preliminary Concept Plan. The petitioner will be present at Tuesday night's meeting to address the City Council. PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2014-10 NOTICE IS HEREWITH GIVEN THAT Willman and Groesch, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting Special Use Permit approval for a proposed new daycare center within the Kendall Crossing Subdivision and a request for an amendment to the existing Kendall Crossing Planned Unit Development (PUD) to identify the Lighthouse Academy daycare center on Lot 6 of said development. The real property consists of an approximately 1 acre lot and is located north of US Route 34 at the southwest corner of Illinois Route 47 and Countryside Parkway, in Yorkville, Illinois. The legal description is as follows: THAT PART OF LOT 6 IN KENDALL CROSSING PUD, UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS RECORDED AS DOCUMENT 201400003166 ON MARCH 7, 2014, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6; THENCE SOUTH 69°25'21" WEST, ALONG THE NORTH LINE OF SAID LOT, 276.04 FEET TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE SOUTH 30°45'15" EAST, ALONG THE WEST LINE OF SAID LOT, 44.10 FEET; THENCE SOUTHERLY, ALONG THE WET LINE OF SAID LOT, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 1275.0 FEET AND A CHORD OF SOUTH 27°35'54" E 140.38 FEET, AN ARC DISTANCE OF 140.45 FEET; THENCE NORTH 69°35'38" EAST, 241.36 FEET TO THE EAST LINE OF SAID LOT 6; THENCE NORTH 20°23'40" WEST, ALONG THE EAST LINE OF SAID LOT, 151.64 FEET; THENCE NORTHERLY, ALONG THE EAST LINE OF SAID LOT, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 60.0 FEET AND A CHORD OF NORTH 04°22'05" WEST 33.13 FEET, AN ARC DISTANCE OF 33.57 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. P.I.N.# 02-28-104-037 (partial) The application materials for the proposed Special Use and amended Planned Unit Development (PUD) approval are on file with the City Clerk. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, July 9, 2014 at 7 p.m. at the United City of Yorkville City Council Chambers, 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, 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: Since the spring of 2010, staff and the Zoning Commission has held regular monthly meetings devoted to completing a full review of the current zoning ordinance and drafting proposed revisions on a chapter by chapter basis. To date, the Zoning Commission has finalized its comprehensive updates to the structure and content of the zoning ordinance and proposed amendments to the administrative and enforcement aspects to bring it more in line with the actual practices and processes of the City. At the conclusion of the Zoning Commission’s review, a final written assessment report will be submitted to the City Council along with a recommendation for adoption of the new zoning ordinance as part of a public hearing process. However, due to the significance and urgency to update certain sections of the zoning ordinance sooner rather than later, staff will bring those proposed revised chapters before the Plan Commission for immediate text amendment approval. In 2012, the Planned Unit Development (PUD) Ordinance was the first chapter proposed for comprehensive text amendment consideration and approved via Ord. 2012-19. With the recent award of a grant from the Illinois Clean Energy Community Foundation to the Yorkville Consolidated School District #115 for the installation of a new small scale wind turbine system at the Yorkville Middle School, staff believes this is the appropriate time to adopt this ordinance now rather than later. Proposed Text Amendment: The City of Yorkville is proposing to amend Title 10, Chapter 16: Wind Energy System and Chapter 17: Small Wind Energy Systems of the Municipal Zoning Ordinance to consolidate these provisions, along with provisions for solar energy systems, into a single new chapter entitled “Alternative Energy Systems” for approval. The purpose of the proposed new chapter will regulate small and large wind and solar systems in all districts by providing zoning parameters by which these systems are installed and operated. As proposed, the following use categories for Alternative Energy Systems would be allowed and defined as follows: USE CATEGORY DEFINITION Wind Farms More than one Freestanding Wind Energy Systems on a given site, constructed for the commercial generation of electrical power. Freestanding Wind Energy Systems (FWES) Free-standing, tower-mounted Wind Energy Systems with a system height measuring less than 175 ft. from the ground. These facilities are accessory structures that generate power for local distribution and consumption. Generators typically range from 1 kW to 100 kW in nameplate wattage. Memorandum To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: July 2, 2014 Subject: PC 2014-11 – Alternative Energy Systems (Text Amendment) Chapter 16: Wind Energy Systems & Chapter 17: Small Wind Energy Systems Building Mounted Wind Energy Systems (BWES) Wind Energy Systems that are structurally attached either onto the roof of or to the side of a building. Solar Farms More than one Freestanding Solar Energy Systems on a given site, constructed for the commercial generation of electrical power. Freestanding Solar Energy Systems (FSES) Free-standing, ground-mounted Solar Energy System, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user. Building Mounted Solar Energy Systems (BSES) A Solar Energy System that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building mounted systems include, but are not limited to solar energy systems contained within roofing materials, windows, skylights and awnings. Alternative Energy Systems will primarily be identified as Special Uses in most zoning districts (Agriculture, Residential, Business and Manufacturing) with the exception of Building Mounted Solar Energy Systems, which would be permitted outright in all zoning districts. General Requirements Under the general requirements, staff addresses such approval process and operational requirements for wind and solar energy systems. Of significant difference from the previous chapters, the new consolidated alternative energy chapter provides specific standards for granting a Special Use permit for these systems establishing general guidelines for determining if the intent of the chapter is met. Additional criteria under these regulations are provided with regards to signage, lighting, screening and design. Wind Energy Systems The proposed regulations for wind energy systems establishes certain zoning requirements such as permitted yard locations, minimum setback distances, height standards, accessibility restrictions and noise limits. Solar Energy Systems The proposed regulations for solar energy systems also establishes similar zoning requirements such as permitted location, setbacks and height restrictions as the Wind Energy Systems; however, this section also restricts the quantity and projection of building mounted solar energy systems. Staff Comments & Recommendations: In reviewing the current Wind Energy and Small Wind Energy Systems chapters of the Zoning Code and making recommendations for the proposed new Alternative Energy Systems chapter, staff analyzed other surrounding community regulations, consulted with the City’s Attorney and sought guidance from renewable energy professionals to ensure compliance with current Illinois zoning laws and best management practices were incorporated into the new chapter. It should be noted, that since the Zoning Commission’s last review of this chapter, minor revisions and tweaks to this draft ordinance has been made as requested and to provide a full and encompassing set of regulations. Therefore, it is Staff’s recommendation the Plan Commission to recommend approva l of the proposed text amendment to the zoning ordinance regarding Alternative Energy Systems as presented. A copy of the existing chapters and proposed new chapter has been attached for your reference. Proposed Motion: Having Made Findings of Facts and consideration of testimony provided in a Public Hearing on July 9, 2014, the Plan Commission recommends approval to the City Council of a request for text amendment to Title 10, Chapters 16: Wind Energy Systems and Chapter 17: Small Wind Energy Systems of the United City of Yorkville’s City Code, as presented by staff in a memorandum dated July 2, 2014 and the attached draft revised title, and further subject to {insert any additional conditions of the Plan Commission}… Attachments: 1. Proposed New Title 10, Chapter 16: Alternative Energy Systems of the United City of Yorkville’s Municipal Zoning Ordinance. 2. Current Title 10, Chapter 16: Wind Energy Systems of the United City of Yorkville’s Municipal Zoning Ordinance. 3. Current Title 10, Chapter 17: Small Wind Energy Systems of the United City of Yorkville’s Municipal Zoning Ordinance. 4. Copy of Public Notice. [United City of Yorkville Zoning Ordinance] [1] 10-16-3: Definitions Wind Farm: More than one Freestanding Wind Energy Systems on a given site, constructed for the commercial generation of electrical power. Freestanding Wind Energy System (FWES): Free-standing, tower-mounted Wind Energy Systems with a system height measuring less than 175 ft. from the ground. These facilities are accessory structures that generate power for local distribution and consumption. Generators typically range from 1 kW to 100 kW in nameplate wattage. Building Mounted Wind Energy Systems (BWES): Wind Energy Systems that are structurally attached either onto the roof of or to the side of a building. Solar Farms: More than one Freestanding Solar Energy Systems on a given site, constructed for the commercial generation of electrical power. Freestanding Solar Energy Systems (FSES): Free-standing, ground-mounted Solar Energy System, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user. Building Mounted Solar Energy Systems (BSES): A Solar Energy System that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building mounted systems include, but are not limited to solar energy systems contained within roofing materials, windows, skylights and awnings. Chapter 16 Alternative Energy Systems 10-16-1: Purpose The purpose of this Chapter is to regulate alternative energy systems and to promote their effective and efficient use. The regulations are intended to achieve the following: A. Provide zoning regulations to guide the installation and operation of renewable energy systems; B. Accommodate sustainable energy production from renewable energy sources; C. Preserve the aesthetics of the zoning districts in the interest of property values, public health, safety, and general welfare. 10-16-2: Permitted Zoning Zoning Districts Ag Residential Business Manufacturing Use Category A-1 Estate R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Wind Farm S - - - - - - S - - - - - - Freestanding Wind Energy System (FWES) S S S S - - - S - - - - S S Building Mounted Wind Energy Systems (BWES) S S S S S S S S S S S S S S Solar Farm S - - - - - - S - - - - - - Building Mounted Solar Panels (BSES) P P P P P P P P P P P P P P Free Standing Solar Panels (FSES) - S S S S S S S S S S S S S [United City of Yorkville Zoning Ordinance] [2] Chapter 16: Alternative Energy Systems 10-16-4: General Requirements A. Applicability: The provisions of this chapter are to establish zoning parameters by which Solar and Wind Energy Systems may be installed in the City. Additional renewable energy solutions not mentioned herein may be authorized subject to compliance with the applicable codes and standards of the City. B. Approval Process: All Alternative Energy Systems shall require a building permit prior to installation. Installation of Alternative Energy Systems may require a Special Use Permit; refer to Table 10.16.01 in this Chapter of the Zoning Ordinance. C. Standards for Granting a Special Use: 1. The City Council shall determine that the application has met all of the general requirements of this chapter. 2. The proposed energy system shall further the intent of this Chapter and provide renewable energy to the property on which it is proposed. 3. The proposed alternative energy system is located in such a manner as to minimize intrusions on adjacent residential uses through siting on the lot, selection of appropriate equipment, and other applicable means. 4. The establishment for the proposed alternative energy system will not prevent the normal and orderly use, development or improvement of the adjacent property for uses permitted in the district. D. Use: Alternative Energy Systems shall be an accessory to the principal permitted use of a site. E. Abandoned Systems: All Alternative Energy Systems inactive or inoperable for twelve (12) continuous months shall be deemed abandoned. If the system is deemed abandoned, the owner is required to repair or remove the system from the property at the owner’s expense within ninety (90) days after notice from the City. If the owner does not comply with said notice, the Building Code Official shall enforce this as a violation of the Yorkville Zoning Ordinance. F. Signage: No commercial signage or attention-getting device is permitted on any Alternative Energy System. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed four (4) square feet in size and should be readable from a thirty (30) foot distance from any direction. G. Utility Service Provider: Evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer-owned electricity generator. H. Safety: All wind energy systems shall be equipped with manual and/or automatic controls and mechanical brakes to limit rotation of blades to prevent uncontrolled rotation. I. Lighting: All Alternative Energy Systems shall not be illuminated, except as required by the FAA. J. Shadow Flicker: Defined as the on-and-off strobe light effect caused by the shadow of moving turbine blades cast by the sun passing though the rotating turbine. No habitable portion of an existing adjacent structure shall be subject to Shadow Flicker from a wind turbine. Shadow Flicker onto an adjacent roof and/or exterior wall which does not contain any windows, doors, and like openings shall be acceptable. If Shadow Flicker occurs, the operation of the wind turbine shall cease during those times which cause the Shadow Flicker. K. Screening: There shall be no required mechanical screening for Alternative Energy Systems. L. Design: Wind energy systems and associated tower shall be a non-reflective color. The city council may impose such conditions as are necessary to eliminate, if at all possible, any adverse affects such system may have on surrounding properties. [United City of Yorkville Zoning Ordinance] [3] M. Compliance: Wind energy systems shall meet or exceed current standards of the international building code and federal aviation administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all city codes. N. Building Code/Safety Standards: Any owner or operator of an alternative energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for said energy systems that are published by the international building code, as amended from time to time. If, upon inspection, the United City of Yorkville concludes that an alternative energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the city code official shall require immediate removal of the system at the owner's expense. Figure 10-16-5A Chapter 16: Alternative Energy Systems C. Permitted Yard Locations Freestanding wind energy systems shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. D. Height The maximum height for a freestanding wind energy system shall be one-hundred seventy five feet (175’) measured from the base to the highest edge of the system. E. Setbacks The base of the system shall be setback 1.1 times (110%) the height of the highest edge of the system from all property lines, overhead utility line poles, communication towers, public sidewalks or trails, public rights-of- way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located within any required setbacks of the respective zoning district. F. Access Freestanding wind energy systems and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade. G. Noise Freestanding wind energy systems shall not exceed the following: 1. Fifty-five (55) dBA when in or adjacent to all residential districts. 2. Sixty (60) dBA when in or adjacent to all non-residential districts. 10-16-5: Freestanding Wind Energy Systems A. Location Please refer to Table 10.16.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy Systems within each specified zoning district. B. Clearance In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15) feet. See Figure 10-16-5A [United City of Yorkville Zoning Ordinance] [4] Figure 10-21-4A Figure 10-16-6A 10-16-6: Building Mounted Wind Energy Systems A. Location Please refer to Table 10.16.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy Systems within each specified zoning district. Building mounted wind energy systems are allowed on all principal and accessory structures and shall be affixed to the roof deck of a flat roof or to the ridge or slope of a pitched roof and may not be affixed to the parapet or chimney of any structure. The systems must be set back a minimum of five (5) feet from the edge or eave of the roof. B. Quantity One (1) turbine is allowed for every 500 square feet of the combined roof area. For a pitched roof, each surface of the roof shall be included in the roof area calculation. C. Noise Building mounted wind energy systems shall not exceed the following: 1. Fifty-five (55) dBA when in or adjacent to all residential districts. 2. Sixty (60) dBA when in or adjacent to all non-residential districts. D. Height The maximum height for a building mounted wind energy system is fifteen (15) feet. The system is measured from the roof surface on which the system is mounted to the highest edge of the system with the exception of any roof pitches 10:12 or greater. They system shall not exceed fifteen (15) feet above the maximum permitted height of the zoning district. Refer to Figure 10-16-6A. Chapter 16: Alternative Energy Systems 10-16-7: Freestanding Solar Energy Systems A. Location Please refer to Table 10.16.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy Systems within each specified zoning district. B. Setbacks All parts of any freestanding solar energy system shall be set back eight (8) feet from the interior side and interior rear property lines. C. Permitted Yard Locations Freestanding solar energy systems shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. D. Clearance Minimum clearance between the lowest point of the system and the surface on which the system is mounted is ten (10) feet. Refer to Figure 10-16-7A. [United City of Yorkville Zoning Ordinance] [5] Figure 10-19-8A 10-16-8: Building Mounted Solar Energy Systems A. Location Please refer to Table 10.16.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy Systems within each specified zoning district. Building mounted solar energy systems are allowed on the principal and accessory structures, any roof face and side and rear building facades. The systems are allowed on the front or exterior side building facades if the following conditions are met: 1. Solar access is optimized on the front and exterior side facades. 2. Systems are simultaneously used to shade the structure’s doors or windows. See Figure 10-16-8C B. Height Systems shall not extend beyond three (3) feet parallel to the roof surface of a pitched roof. Nor shall the system extend beyond four (4) feet parallel to the roof surface of a flat roof. If the system is flush mounted, the system must be less than four (4) inches from the roof surface. Refer to Figure 10-16-8A. C. Quantity The total square footage may not exceed the total area of the roof surface of the structure to which the system is attached. D. Projection The system may project up to four (4) feet from a building façade or roof edge. The system may project into an interior side or interior rear setback, but shall be no closer than five (5) feet to the interior side or interior rear property line. Refer to Figure 10-16-8B. Chapter 16: Alternative Energy Systems Figure 10-21-5A Figure 10-16-7A [United City of Yorkville Zoning Ordinance] [6] 10-16-9: Permitting and Fees A. Permitting: 1. The installation of any alternative energy system requires a building permit from the United City of Yorkville. 2. In order to receive permit, alternative energy systems must be approved by an alternative energy certification program. 3. Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this chapter. These costs include, but are not limited to, removal of system, property restoration necessary upon removal of the system, city legal expenses and hearing costs associated with violations of this chapter. 4. A permit is valid for two (2) years following issuance or renewal. At the end of the two (2) year period, the alternative energy system must be inspected by the city code official. Following inspection, the code official will: a. Renew the permit if found to be in compliance with this chapter, or b. Order any actions necessary for the alternative energy system to be in compliance with this chapter; or c. Determine the system abandoned per section 10-16-4. B. Engineering: 1. Manufacturer’s engineering specifications of the tower, turbine and foundation, detailed drawing of electrical components and installation details, and expected noise level production. 2. For turbines greater than twenty (20 kW) kilowatts of nameplate capacity, an Illinois licensed structural engineer’s seal shall be required. 3. All FWES facilities shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot. 4. Each FWES shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party. Figure 10-16-8B Figure 10-19-8C Chapter 16: Alternative Energy Systems [United City of Yorkville Zoning Ordinance] [7] 5. Turbines greater than 100 ft. total height or greater than 5,000 lbs structural weight shall require a soil analysis at base of the tower and a stamped drawing by an Illinois licensed Structural Engineer. Structural weight shall be defined as the tower, wind turbine generator, and any other component(s) otherwise supported by the base foundation. 6. Proof of homeowner, farm or business insurance, as appropriate, shall be submitted. C. Fees: A. If applicable, alternative energy systems will be subject to the fee schedule for special use applications as defined by Section 1-7-9 of this title. Said fee will be payable per alternative energy system at the time of the application submittal by the petitioner. B. In addition, alternative energy systems will be subject to a one hundred fifty dollar ($150.00) building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. Chapter 16: Alternative Energy Systems Chapter 16 WIND ENERGY SYSTEMS 10-16-1: PRINCIPLES: 10-16-2: GENERAL PURPOSE: 10-16-3: SCOPE: 10-16-4: DEFINITIONS: 10-16-5: GENERAL PROVISIONS: 10-16-6: ROOFTOP WIND ENERGY SYSTEM: 10-16-7: OTHER WIND ENERGY SYSTEMS: 10-16-1: PRINCIPLES: The provisions of this chapter recognize that: A. There is a significant relationship between wind energy systems and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. Wind energy systems are a very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. (Ord. 2009-41, 8-11-2009) 10-16-2: GENERAL PURPOSE: A. The regulation of wind energy systems by this chapter is intended to promote and protect the public health, safety and welfare by: 1. Requiring the installation of wind energy systems to be consistent with current property development standards of the city. 2. Protecting the general public from damage and injury which may be caused by the faulty and uncontrolled and inappropriate use of wind energy systems in the city. B. Accordingly, it is deemed necessary and in the public interest to regulate wind energy systems. To this end, this chapter: 1. Regulates the size, location, installation, maintenance and other pertinent features of wind energy systems. 2. Provides for effective administration and enforcement of these regulations. (Ord. 2009-41, 8-11- 2009) 10-16-3: SCOPE: The regulations of this chapter shall govern and control the site design, erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wind energy systems defined by this chapter within the united city of Yorkville. The regulations of this chapter relate to the location of wind energy systems, by function and type, within zoning districts and shall be in addition to provisions of the international building code, national electrical code, federal aviation administration (FAA) requirements, and all federal and state statutes, laws, rules, and regulations and all city codes. (Ord. 2009-41, 8-11-2009) 10-16-4: DEFINITIONS: ROOFTOP WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower or post, and associated control or conversion electronics, which has a rated capacity of not more than ten (10) kW, and which is intended to primarily reduce on site consumption of utility power. WIND ENERGY SYSTEM: Equipment that converts and then stores or transfers energy from the wind into usable form of electric energy, commonly referred to as a wind turbine. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other component used in the system. (Ord. 2009-41, 8-11-2009) 10-16-5: GENERAL PROVISIONS: A. Permitting: 1. The installation of any wind energy system requires a building permit from the united city of Yorkville. 2. In order to receive permit, wind energy systems must be approved by a small wind certification program recognized by the American Wind Energy Association such as the emerging renewables program of the California energy commission or the small wind certification council. 3. Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this chapter. These costs include, but are not limited to, removal of system, property restoration necessary upon removal of the system, city legal expenses and hearing costs associated with violations of this chapter. 4. A permit is valid for two (2) years following issuance or renewal. At the end of the two (2) year period, the wind energy system must be inspected by the city code official. Following inspection, the code official will: a. Renew the permit if found to be in compliance with this chapter, or b. Order any actions necessary for the wind energy system to be in compliance with this chapter; or c. Determine the system abandoned per subsection G of this section. B. Compliance: Wind energy systems shall meet or exceed current standards of the international building code and federal aviation administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all city codes. C. Building Code/Safety Standards: Any owner or operator of a wind energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for wind energy systems that are published by the international building code, as amended from time to time. If, upon inspection, the united city of Yorkville concludes that a wind energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the city code official shall require immediate removal of the system at the owner's expense. D. Noise: The maximum noise level allowed for all wind energy systems shall not exceed fifty five (55) decibels at frequency of one hundred twenty five (125) hertz measured at all property lines. E. Fencing: Requirements will be evaluated with each individual wind energy system application. Fencing requirements will be determined by, but not limited to, location of the system, system type, system design, and location of electrical equipment. F. Design: Wind energy systems shall be painted a nonreflective color that conforms to the architecture of the structure to which it is attached. G. Abandoned Systems: All abandoned or unused wind energy systems shall be deemed a nuisance and the united city of Yorkville may act after one month of the cessation of operations unless an extension is approved by the city council. If an extension is not approved, the city may act to abate such nuisance and require its removal at the property owner's expense. After the wind energy system is removed, the owner of the property shall restore the site to its original condition, or to an approved improved condition within thirty (30) days of removal. (Ord. 2009-41, 8-11-2009) 10-16-6: ROOFTOP WIND ENERGY SYSTEM: A. Permitted Use: Rooftop wind energy systems shall be considered allowable in all zoning districts except F-1 floodplain district. B. Fees: 1. Permitting Fees: a. Rooftop wind energy systems will be subject to a one hundred dollar ($100.00) building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. C. Mounting: All rooftop wind energy systems shall be controlled in a manner consistent with local building code and as approved by the city code official. A rooftop wind energy system shall be mounted upon the rear face of a sloped roof or to the side or rear facade of a structure. Freestanding towers are prohibited. D. Height: The maximum height of a rooftop wind energy system is eight feet (8') above the highest point of the roofline of the structure it is mounted upon regardless of the zoning district height requirement. E. Diameter: The maximum diameter of the blades or rotor shall be five feet (5'). F. Quantity: 1. Residential Districts: Only one rooftop wind energy system is allowed per property. 2. Commercial, Manufacturing And Agriculture Districts: Only one rooftop wind energy system is allowed per property. Any additional rooftop wind energy systems desired by the petitioner shall require special use approval and subject to the special use provisions contained within section 10- 14-6 of this title and applications for special use approval shall be subject to the procedures and requirements of this title. (Ord. 2009-41, 8-11-2009) 10-16-7: OTHER WIND ENERGY SYSTEMS: A. Special Use: A wind energy conversion system having a rated capacity of more than ten (10) kW shall require special use approval and be subject to the special use provisions contained within section 10-14-6 of this title. (Ord. 2009-41, 8-11-2009) Chapter 17 SMALL WIND ENERGY SYSTEMS 10-17-1: PRINCIPLES: 10-17-2: GENERAL PURPOSE: 10-17-3: SCOPE: 10-17-4: DEFINITION: 10-17-5: GENERAL PROVISIONS FOR SMALL WIND ENERGY SYSTEMS: 10-17-6: SYSTEM REGULATIONS: 10-17-1: PRINCIPLES: The provisions of this chapter recognize that: A. There is a significant relationship between wind energy systems and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. Wind energy systems are a very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. (Ord. 2009-58, 10-13-2009) 10-17-2: GENERAL PURPOSE: A. The regulation of wind energy systems by this chapter is intended to promote and protect the public health, safety and welfare by: 1. Requiring the installation of wind energy systems to be consistent with current property development standards of the city. 2. Protecting the general public from damage and injury which may be caused by the faulty and uncontrolled and inappropriate use of wind energy systems in the city. B. Accordingly, it is deemed necessary and in the public interest to regulate wind energy systems. To this end, this chapter: 1. Regulates the size, location, installation, maintenance and other pertinent features of wind energy systems. 2. Provides for effective administration and enforcement of these regulations. (Ord. 2009-58, 10-13- 2009) 10-17-3: SCOPE: The regulations of this chapter shall govern and control the site design, erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wind energy systems defined by this chapter within the united city of Yorkville. The regulations of this chapter relate to the location of wind energy systems, by function and type, within zoning districts and shall be in addition to provisions of the international building code, national electrical code, federal aviation administration (FAA) requirements, and all federal and state statutes, laws, rules, and regulations and all city codes. (Ord. 2009-58, 10-13-2009) 10-17-4: DEFINITION: SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than one hundred (100) kW, and which is intended to primarily reduce on site consumption of utility power. (Ord. 2009-58, 10-13-2009) 10-17-5: GENERAL PROVISIONS FOR SMALL WIND ENERGY SYSTEMS: A. Permitting: 1. The installation of any wind energy system requires a building permit from the united city of Yorkville. 2. In order to receive permit, wind energy systems must be approved by a small wind certification program recognized by the American Wind Energy Association such as the emerging renewables program of the California energy commission or the small wind certification council. 3. Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this chapter. These costs include, but are not limited to, removal of system, property restoration necessary upon removal of the system, city legal expenses and hearing costs associated with violations of this chapter. 4. A permit is valid for two (2) years following issuance or renewal. At the end of the two (2) year period, the wind energy system must be inspected by the city code official. Following inspection, the code official will: a. Renew the permit if found to be in compliance with this chapter, or b. Order any actions necessary for the wind energy system to be in compliance with this chapter; or c. Determine the system abandoned per subsection G of this section. B. Compliance: Wind energy systems shall meet or exceed current standards of the international building code and federal aviation administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all city codes. C. Building Code/Safety Standards: Any owner or operator of a wind energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for wind energy systems that are published by the international building code, as amended from time to time. If, upon inspection, the united city of Yorkville concludes that a wind energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the city code official shall require immediate removal of the system at the owner's expense. D. Noise: The maximum noise level allowed for all wind energy systems shall not exceed fifty five (55) decibels at frequency of one hundred twenty five (125) hertz measured at all property lines. E. Fencing: Requirements will be evaluated with each individual wind energy system application. Fencing requirements will be determined by, but not limited to, location of the system, system type, system design, and location of electrical equipment. F. Design: Wind energy systems and associated tower shall be a nonreflective color. The city council may impose such conditions as are necessary to eliminate, if at all possible, any adverse affects such system may have on surrounding properties. G. Abandoned Systems: All abandoned wind energy systems shall be deemed a nuisance and the united city of Yorkville may act after one month of the cessation of operations unless an extension is approved by the city council. If an extension is not approved, the city may act to abate such nuisance and require its removal at the property owner's expense. After the wind energy system is removed, the owner of the property shall restore the site to its original condition, or to an approved improved condition within thirty (30) days of removal. (Ord. 2009-58, 10-13-2009) 10-17-6: SYSTEM REGULATIONS: Example of a small wind energy system in Oak Hills, CA. Courtesy of Bergey Windpower A. Special Use: Small wind energy systems shall be considered a special use in A-1 agricultural district, estate district, B-4 business district, M-1 limited manufacturing district, M-2 general manufacturing district, and PUD planned unit development district as defined by this title. Special use requests shall be subject to the special use provisions contained within section 10-14-6 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter. B. Approval: All small wind energy systems shall be subject to site plan approval, requiring review and recommendation by the united city of Yorkville plan commission and approval by the united city of Yorkville city council. Also, in granting a special use permit the plan commission may recommend conditions to the city council, and the city council may impose such conditions as are necessary to minimize any adverse effect of the proposed small wind energy system on adjoining properties. C. Fees: 1. Permitting Fees: a. Small wind energy systems will be subject to the fee schedule for special use applications as defined by section 10-14-9 of this title. Said fee will be payable per wind energy system at the time of the application submittal by the petitioner. b. In addition, small wind energy systems will be subject to a one hundred fifty dollar ($150.00) building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. D. Ground Clearance: The tip of any blade shall, at its lowest point, have ground clearance of not less than fifteen feet (15') or one-third (1/3) of the tower height, whichever is greater, aboveground at the base of the tower. E. Distance: 1. The minimum distance between a small wind energy system from all property lines, aboveground utility lines, and roadways shall be a distance equivalent to 1.1 times the total height of the system. 2. Any application which is a part of a small wind energy system, including guywires, shall be set back from all property lines no less than thirty feet (30'). F. Height: All small wind energy systems will be bound by the height restrictions as established per zoning district as defined by this title. G. Yard: Small wind energy systems shall not be permitted in any front yard area as defined by this title. (Ord. 2009-58, 10-13-2009) PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2014-11 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 Chapter 17: Small Wind Energy Systems in the Zoning Ordinance and replacing it with a new Alternative Energy Systems chapter. This text amendment will provide regulations for the installation and operation of wind energy and solar energy systems. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, July 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 The petitioner, Yorkville Community School District #115, is requesting that this public hearing be opened and continued to the next regularly scheduled Plan Commission meeting on Wednesday, August 13, 2014 at 7:00pm so that additional information can be provided as part of their special use request. Memorandum To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: June 30, 2014 Subject: PC 2014-12 – Freestanding Wind Turbine System Yorkville Community School Dist. #115 (Special Use Permit) PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2014-12 NOTICE IS HEREWITH GIVEN THAT The Yorkville Community Unit School District #115, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for the construction and operation of a free standing wind turbine system with a minimum height of seventy feet (70’) to be installed at the Yorkville Middle School . The real property is located at 920 Prairie Crossing Drive in Yorkville, Illinois. The legal description is as follows: LOT 320 RAINTREE VILLAGE UNIT 4 IN THE CITY OFYORKVILLE, IL. PIN# 05-10-105-003 The application materials for the proposed Special Use are on file with the City Clerk. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, July 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 Petitioner’s Request: The City has received an application from Kendall Crossing, LLC seeking an amendment to the Kendall Crossing Subdivision Planned Unit Development (PUD) to install two (2) new monument signs with tenant panels within the existing driveway medians of the commercial retail property at the intersections of US Route 34 (Veterans Parkway) and Center Parkway, and IL Route 47 (Bridge Street) and Countryside Parkway. Project Background: The approximately 18-acre commercial retail development located at the northwest corner of IL Route 47 and US Route 34 contains six (6) outlots and is zoned B-2 General Business District. In November 2012, Kendall Crossing LLC was granted approved of a Planned Unit Development (PUD) via Ordinance 2012-40 for the construction of a movie cinema complex on Lot 1 which has since been completed. An application for special use permit for a proposed new daycare center has also been requested for a portion of Lot 6. Although the original PUD did not address specific signage criteria for the development, it had always been the intent of Kendall Crossing, LLC that the next phase of this project would be the approval of a comprehensive signage package. Since no monument tenant signage currently exists for the d evelopment, the proposed new signs will provide the needed visibility for the cinema, as well as the interior lots, along Yorkville’s two (2) most highly-traveled arterial roadways. Proposed Signage: The proposed aluminum and steel sign cabinets would be located on private property within driveway medians at the entrance of the Kendall Crossing development off of US Route 34 (Veterans Parkway) and Center Parkway and Il Route 47 (Bridge Street) and Countryside Parkway, as illustrated on the attached sign plans. Both signs would be oriented perpendicular to the major roadway and setback at least five (5) feet from the intersection as required by code. The double-faced internally-illuminated signs are proposed to have an overall height of thirty-one feet and two inches (31’-2”). The signs will be fabricated in black aluminum and have white acrylic tenant panels with the copy applied to the surface. The sign area will consist of two (2) columns of up to fifteen (15) tenant panels, including the main Kendall Crossing/NCG Cinemas panel. The length of each tenant panel will be four feet (4’) and the width of each column is eight feet (8’). The proposed total width for the monument signs will be sixteen feet (16’) and the total height, exclusive of the base, will be Memorandum To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: July 1, 2014 Subject: PC 2014-13 Kendall Crossing Subdivision PUD Amendment Proposed New Monument Signage approximately twenty-nine feet and six inches (29’-6”) for an overall area of 472 square feet per sign. As proposed, the monument sign will be accented with three (3) light brown aluminum bars capping the NCG Cinemas panel and providing design relief at the bottom of the tenant panels. All exposed metal surfaces will be coated with acrylic polyurethane to prevent peeling and flaking. Staff Analysis: Although the proposed new sign does not conform to the Sign Ordinance criteria with regards to size, height or material, the intent of a Planned Unit Development (PUD) is to provide flexibility from the rigidity of the conventional zoning/bulk/signage regulations if there is a greater benefit to the property and the City as a whole. The monument signs will not only benefit the tenants within the Kendall Crossing development, but serve as a place-making feature which will draw potential customers for the other businesses located in the area. Additionally, the petitioner’s request is similar to previously approved monument signs for other commercial retail developments which have all exceeded the current sign ordinance r egulations with regards to size and height. The following table compares the current sign ordinance regulations with the proposed new Kendall Crossing monument signs and those of nearby retail developments: REQUIRED BY ORDINANCE KENDALL CROSSING KENDALL MARKETPLACE YORKVILLE MARKETPLACE (Jewel) YORKVILLE CROSSING (Menards) SIGN AREA1 (Section 8-11-9-A-1) Max. 64 sq. ft. for lots three (3) or more acres. 472 sq. ft. (29’-6” x 16’) 192 sq. ft. (19’-2” x 10’) 93 sq. ft. (7’-4”x 12’-8”) 340 sq. ft. (24’9” x 13’-6”) SIGN HEIGHT (Section 8-11-9-A-1) Max. 8 ft2 31’-2” 29’-4” 19’-6” 35’-0” CONSTRUCTION MATERIAL (Section 8-11-9-A-1) Sign base to be constructed with same brick, stone or masonry of the principal building Aluminum and Steel Stone, Brick and Aluminum Stone, Brick and Aluminum Aluminum, Steel and Concrete STAFF COMMENTS: Staff is supportive of the proposed signage package presented by the petitioner for the Kendall Crossing development, with the exception of the construction material. In keeping with the intention of the ordinance to incorporate a natural material as part of the sign base from an element of a principal building such as brick, stone or masonry, staff recommends that the base of sign be clad in a masonry or stone product to complement the existing architectural features of the movie cinema. Should the Plan Commission concur with staff’s recommendation, the petitioner will resubmit a revised sketch illustrating the new base material for staff’s review prior to forwarding to the City Council for final determination. The applicant and his attorney will be available at Wednesday night’s meeting to address the Plan Commission and those present for the public hearing regarding this matter. 1 Sign Area is computed by means of the smallest square, rectangle, circle, triangle of combination thereof that encompasses the extreme limits of the sign copy. It does not include any supporting structure, framework or backdrop. 2 Section 8-11-6-B defines Sign Height as computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. Proposed Motion: In consideration of testimony presented during a Public Hearing on July 9, 2014 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council a request for amendment to the Kendall Crossing Planned Unit Development (PUD) for the purpose of allowing the construction of two (2) new monument tenant signs, as illustrated in drawings prepared by Aurora Sign Company, dated June 27, 2014, subject to staff recommendation in a memo dated July 1, 2014 that the base of the sign incorporate a cladding of either brick, stone or masonry complementary to the cinema complexes exterior material, and further subject to {insert any additional conditions of the Plan Commission}… Attachments: 1. Copy of Petitioner’s Application w/exhibits. 2. Site Plan illustrating proposed locations for the two (2) monument signs prepared by Edgemark Realty. 3. Sign Elevations prepared by Aurora Sign Company, dated 6/27/13. 4. Copy of Public Notice PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2014-13 NOTICE IS HEREWITH GIVEN THAT Kendall Crossing, LLC, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, re questing an amendment to the Kendall Crossing Subdivision Planned Unit Development (PUD) for two (2) proposed new double-faced illuminated monument signs. The signs will have a dimension of 16 feet by 31 feet 2 inches and be located at the entry ways to Kendall Crossing Subdivision at the intersections of Countryside Parkway and IL Route 47 and US Route 34 and Center Parkway. The real property consists of an approximately 18 acres and is located at the northwest corner of Illinois Route 47 and US Route 34 in Yorkville, Illinois. The legal description is as follows: THAT PART OF LOT 7 OF THE RESUBDIVISION OF PART OF BLOCK 1 OF COUNTRYSIDE CENTER UNIT NO. 1 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NUMBER 79-1982 BEING DESCRIBED BY COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 04 DEGREES 45 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 7, ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47, A DISTANCE OF 90.00 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 80 DEGREES 58 MINUTES 11 SECONDS WEST PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 7, A DISTANCE OF 140.35 FEET; THENCE SOUTH 70 DEGREES 02 MINUTES 01 SECONDS WEST, A DISTANCE OF 185.14 FEET TO A POINT OF BEND IN SAID LOT 7; THENCE SOUTH 04 DEGREES 45 MINUTES 00 SECONDS WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7, A DISTANCE OF 14.60 FEET; THENCE NORTH 85 DEGREES 15 MINUTES 00 SECONDS WEST A DISTANCE OF 217.92 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 7; THENCE NORTH 00 DEGREES 18 MINUTES 59 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 82.75 FEET TO A POINT OF BEND IN SAID LOT 7; THENCE SOUTH 89 DEGREES 16 MINUTES 11 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT 7, A DISTANCE OF 216.95 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF SAID RESUBDIVISION; THENCE NORTH 00 DEGREES 43 MINUTES 49 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 94.00 FEET TO A POINT OF BEND IN SAID LOT 2; THENCE NORTH 06 DEGREES 56 MINUTES 00 SECONDS EAST ALONG SAID EAST LINE OF LOT 2, A DISTANCE OF 175.56 FEET TO A POINT; THENCE WESTERLY ALONG A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 32.0 FEET, A DISTANCE OF 32.42 FEET TO THE POINT OF TANGENT OF SAID CURVE; THENCE SOUTH 74 DEGREES 06 MINUTES 09 SECONDS WEST ALONG SAID TANGENT 214.64 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE NORTHWESTERLY ALONG THE WEST LINE OF SAID LOT 7 BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1275.00 FEET, A DISTANCE OF 377.77 FEET TO THE POINT OF TANGENT OF SAID CURVE; THENCE NORTH 30 DEGREES 09 MINUTES 10 SECONDS WEST ALONG SAID TANGENT AND THE WEST LINE OF SAID LOT 7, A DISTANCE OF 44.10 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID RESUBDIVISION; THENCE NORTH 70 DEGREES 01 MINUTES 26 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 276.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTHEAST ALONG A NON TANGENT CURVE HAVING A RADIUS OF 60.00 FEET, A DISTANCE OF 59.49 FEET TO THE POINT OF TANGENT AS SHOWN ON SAID RESUBDIVISION PLAT; THENCE NORTH 69 DEGREES 56 MINUTES 04 SECONDS EAST ALONG SAID TANGENT AND THE SOUTH LINE OF LOTS 4 AND 5 OF SAID RESUBDIVISION 317.47 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 41.53 FEET TO THE POINT OF TANGENT OF SAID CURVE BEING THE EASTERLY LINE OF SAID LOT 5; THENCE NORTH 25 DEGREES 14 MINUTES 40 SECONDS WEST ALONG SAID EASTERLY LINE OF LOT 5, A DISTANCE OF 159.35 FEET TO THE NORTHEAST CORNER THEREOF; THENCE EASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2625.00 FEET, A DISTANCE OF 71.43 FEET TO THE NORTHWEST CORNER OF LOT 6 OF SAID RESUBDIVISION; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 6 BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A DISTANCE OF 19.49 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG SAID WESTERLY LINE OF SAID LOT 6 BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2352.00 FEET, A DISTANCE OF 191.23 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTH 70 DEGREES 01 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 210.06 FEET TO A POINT OF BEND IN SAID LOT 6; THENCE SOUTH 19 DEGREES 57 MINUTES 46 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 6 AND SAID LINE BEING EXTENDED SOUTHERLY, A DISTANCE OF 445.80 FEET; THENCE NORTH 70 DEGREES 02 MINUTES 14 SECONDS EAST, A DISTANCE OF 141.82 FEET TO A POINT ON THE EAST LINE OF SAID LOT 7; THENCE SOUTH 04 DEGREES 45 MINUTEES 00 SECONDS WEST ALONG SAID EAST LINE OF LOT 7, A DISTANCE OF 589.06 FEET TO THE POINT OF BEGINNING CONTAINING 17.7416 ACRES MORE OR LESS IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. The application for the proposed amended Planned Unit Development (PUD) is on file with the City Clerk. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, July 9, 2014 at 7 p.m. at the United City of Yorkville City Council Chambers, 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, 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 had received a notice from John Dalton, 11218 River Road, requesting an Administrative Variance from the Kendall County Zoning Ordinance. This proposal will increase the required height from 20 feet to 21 feet 6 inches. This request is under the 10% required standard and therefore deemed as an administrative variance. There are no public hearings for this type of variance and only a notice is required to be sent to surrounding property owners. It is at that time the surrounding property owners will have the ability to object to the proposed variance. The City of Yorkville has property located within 500 feet of the subject property and therefore has the ability to comment on the proposal. Staff has reviewed the request from Mr. Dalton and has no objections. The subject property is located just north of the Fox River and is secluded by numerous trees. The City’s property is located just south of the Fox River and is home to River’s Edge Park. (See attached aerial) Again, the City’s property has substantial tree coverage and will be buffered from the subject property. The increase in height will not cause due hardship to the park and will not be adversely effected as a result of the height. Staff received the notification on May 27, 2014. The City had 15 days to object to the application. This application was approved administratively by Kendall County on June 10, 2014. 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. Notice, Elevation and Site Plan from Petitioner. 2. GIS Map. 3. Aerial. Memorandum To: Plan Commission From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: June 26, 2014 Subject: Kendall County Administrative Variance Subject Property River’s Edge Park 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 meeting held on May 14, 2014 and June 10, 2014 made the following final determination as indicated in their vote below: 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. Colosimo-aye; Koch-aye; Kot-aye: Milschewski-aye; Freiders-aye; Funkhouser-aye; Spears-aye. 7 ayes; 0 nays; 0 abstentions 2. PC 2014-05 Marker Inc., Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a Special Use for Planned Unit Development (PUD) approval for the purpose of developing a new 47 lot active adult community to be named Heartland Meadows. The real property consists of approximately 7.9 acres located east of Illinois Route 47 at the southwest corner of Jackson and Freemont Streets, in Yorkville, Illinois. Colosimo-aye; Koch-aye; Freiders-aye; Funkhouser-aye; Spears-aye; Teeling-aye. 6 ayes; 0 nays; 0 abstentions 3. PC 2014-06 Marker Inc., Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting Preliminary Plan approval for the purpose of developing a new 47 lot active adult community to be named Heartland Meadows. The real property consists of approximately 7.9 acres located east of Illinois Route 47 at the southwest corner of Jackson and Freemont Streets, in Yorkville, Illinois. Colosimo-aye; Koch-aye; Freiders-aye; Funkhouser-aye; Spears-aye; Teeling-aye. 6 ayes; 0 nays; 0 abstentions Memorandum To: Plan Commission From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: July 1, 2014 Subject: City Council Action Updates 1 Summary: As the Plan Commission may recall, the City had solicited Request for Proposals for a comprehensive plan update. Staff had sent out the RFP to 5 candidates as well as listing it on the American Planning Associations’ and Illinois Planning Associations’ website. The closing date to receive the RFP’s was on Friday, June 6th and the City received a total of five (5) submissions. Listed below are the firms we received proposals from, their location and project cost. It should be noted that the project costs are under staff review and we are analyzing each of the proposals’ methodology and project scopes associated and comparing it with these proposal’s cost. Firm Location Cost Houseal Lavigne Associates* Chicago, IL $118,120 The Lakota Group Chicago, IL $111,336 HR Green Yorkville, IL $109,700 Camiros* Chicago, IL $115,030 Teska* Plainfield, IL $91,820 *Indicates the firms City staff sent hard copies of the RFP. Staff has reviewed these proposals and conducted in-person interviews which took place the week of June 23rd thru June 27th. Staff is currently in the process of making their final recommendation to the Economic Development Committee. Below is the timeline for the entire project. • Thursday, April 24th – Send out hard copies to the list of researched firms. • Monday, April 28th - Post RFP on the APA, ILAPA and City’s website. • Friday, June 6th – Submittal Deadline o Monday, May 12th thru Friday, May 16th - Registration for the Q & A session. o Wednesday, May 21st – Formal Q & A session at City Hall. • Monday, June 9th thru Friday, June 20th – City staff review of proposals. • Monday, June 23rd thru Friday, June 27th – Firm interviews with City staff. • Thursday, July 3rd – Staff Recommendation Finalized. • Tuesday, August 5th – Recommendation to EDC of contract award. • Tuesday, August 12th – Recommendation to City Council of contract award. • Monday, August 18th – Start of Comp Plan Revision. Estimated Completion – December 2015 - August 2016 (18-24 months) Memorandum To: Plan Commission From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: July 1, 2014 Subject: Comp Plan RFP Update