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
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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