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Plan Commission Minutes 2014 07-09-14Page 1 of 5 APPROVED 8/13/14 UNITED CITY OF YORKVILLE PLAN COMMISSION City Council Chambers Wednesday, July 9, 2014 7:00pm Commission Members in Attendance Chairman Tom Lindblom Jack Jones Jeff Baker Deborah Horaz Charles Kraupner Art Prochaska James Weaver Absent: Jane Winninger, Michael Crouch Other City Staff Krysti Barksdale-Noble, Community Development Director Chris Heinen, City Planner Chris Funkhouser, Alderman Other Guests Christine Vitosh, DepoCourt Reporter Janet Dhuse Dan Kramer, Attorney Lynn Dubajic, YEDC Matt Schury, Kendall County Record Dave Kellogg Frank Willman Jim Ratos 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. Minutes May 14, 2014 The minutes were approved as presented on a motion by Baker and second by Jones. Unanimous voice vote approval. Citizen’s Comments None Public Hearings 1. Willman and Groesch, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting Special Use Permit for a proposed new daycare center within the Kendall Crossing Subdivision and a request for an amendment to the existing Kendall Crossing Planned Unit Develoment (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. Page 2 of 5 A motion and second were made by Commissioner Jones and Baker respectively, to open the Public Hearing and it commenced at 7:03pm on a unanimous voice vote. Chairman Lindblom swore in those who would speak at the Hearings. The Hearing ended at 7:08pm on a motion by Prochaska and second by Jones. Unanimous voice vote. (See Court Reporter's transcript) 2. PC 2014-11 The United City of Yorkville, petitioner, has filed an application with the 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. A motion was made to enter into Public Hearing by Weaver and seconded by Jones. Unanimous voice vote approval and Hearing commenced at 7:08pm. Hearing concluded at 7:15pm on a motion by Jones and Weaver, respectively. Unanimous voice vote. (See Court Reporter's transcript) 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. Chairman Lindblom said the school had requested the Hearing be opened and then continued to the next regular meeting, August 13, 2014. At 7:15pm Prochaska moved and Kraupner seconded a motion to open this Public Hearing and a motion was also made by Weaver and seconded by Horaz at 7:16pm to continue it to next month. 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 approximately 18 acres and is located at the northwest corner of Illinois Route 47 and US Route 34 in Yorkville, Illinois. Prochaska moved and Jones seconded a motion at 7:17pm to open the Hearing. Voice vote approval. Hearing closed at 7:20pm on a motion by Jones and second by Kraupner. Voice vote approval. (See Court Reporter's transcript) Chairman Lindblom asked for a motion to close all Public Hearings. Commissioners Prochaska and Jones moved and seconded respectively at 7:20pm, to close all Hearings. Unanimous voice approval. Old Business None Page 3 of 5 New Business 1. PC 2014-10 (See #1 under Public Hearings) Daycare Center Special Use Mr. Jones questioned the egress/ingress which was found to be adequate. Ms. Barksdale-Noble commented that while there is no sales tax generated from this use, the daycare is complementary to the surrounding businesses and staff supports the Special Use. Commissioner Prochaska asked if the unused half of the lot will be screened for privacy for another business. The daycare has proposed a fence while a future business may be screened with vegetation. Attorney Kramer added that there would be cross parking with the future business to accommodate activities and morning/evening rush at the daycare. Mr. Ratos also said he would like to see a bakery/restaurant as a second business there and he added the nearby Doctors' offices are very receptive to the daycare. Chairman Lindblom said that while he supports the daycare, and the foundation is already in, he asked if the Special Use had been overlooked. Attorney Kramer said the building could have been used for commercial purposes, so the daycare is an acceptable use. Action Item Special Use A motion was then made by Commissioner Weaver as follows: 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. Commissioner Jones seconded the motion. Roll call: Jones-yes, Baker-yes, Prochaska-yes, Horaz-yes, Weaver-yes, Kraupner-yes, Lindblom-yes. Passed 7-0. 2. PC 2014-11 (See #2 under Public Hearings) Text Amendment Energy Systems Mr. Prochaska asked how the height and clearance limits originated. They came from other model ordinances and a professional installer also contributed his expertise. These guidelines will also apply to wind farms. Action Item Text Amendment A motion was made by Mr. Prochaska as follows: 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. Mr. Jones seconded the motion. Roll call: Baker-yes, Prochaska-yes, Horaz-yes, Weaver-yes, Kraupner-yes, Jones-yes, Lindblom-yes. Passed 7-0. 3. PC 2014-12 (See #3 under Public Hearings) Wind Turbine System Continued to August 13, 2014 Plan Commission meeting. Page 4 of 5 4. PC 2014-13 (See #4 under Public Hearings) Sign Request A revised plan was submitted to use a stone base. Commissioner Horaz also questioned whether the sign would actually be located on private property. Part of the property in question had previously been given to the City, however, the sign will be on private property. A comment was made by Mr. Prochaska that he would like to see staff revise ordinances to accommodate developments so that a Special Use determination would not be necessary in the future. Ms. Barksdale-Noble said a portion of the sign ordinance was revised 1.5 years ago to allow larger signs, but there could still be requests for unique situations. Mr. Prochaska suggested a sliding scale and guidelines while Mr. Jones cautioned about exceptions or precedents. Action Item Special Use Amendment Mr. Jones made a motion as follows: 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 complex's exterior material. Mr. Weaver seconded this motion. Roll call: Prochaska-yes, Horaz-yes, Weaver-yes, Kraupner-no, Jones-yes, Baker-yes, Lindblom-yes. Passed 6-1. Additional Business 1. County Administrative Variance Mr. Heinen reported a County variance request to increase a garage height and the City was notified since it was 1.5 mile from the boundary. The County approved the request on June 10 and no further action is required. 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 approved b. PC 2014-05 Heartland Meadows – Special Use for PUD, unanimous approval c. PC 2014-06 Heartland Meadows – Preliminary Plan, unanimous approval Chairman Lindblom shared a strong concern that the Council had unanimously approved the Heartland Meadows development even after the Plan Commission had voted it down 4 to 1 for fire safety issues. He also heard there was no discussion at the City Council meeting. He said the Fire Chief exchanged numerous emails with the City Administrator and Mr. Lindblom wrote a letter to the Mayor about his concern over the discrepancy of votes at the 2 meetings. He requested a meeting with the Mayor, but there has been no response. Mr. Lindblom said he had no issue with the development itself but has concern for purchasers of the homes there due to the fire safety issues. Page 5 of 5 Commissioner Jones concurred with Chairman Lindblom and said he thinks there is even a greater issue, that perhaps the Council is not paying attention to the Plan Commission opinions or recommendations. Mr. Prochaska asked if the Plan Commission recommendations can be documented for the Council meetings. Ms. Barksdale-Noble said the motion and recommendations are put into a memo by her for the Council meeting. She said that she and Code Official Pete Ratos had later discussed this matter and approached the developer who is willing to install the 2-hour firewalls with 10 feet between units. However, Mr. Lindblom said the 2-hour firewall will not stop the fire if the siding is vinyl and he would like staff to present the requirements to the developer. Staff is also looking at revising building code standards for thicker siding. Ms. Barksdale-Noble said the Plan Commission can continue matters such as this so concerns can be addressed and compliance met before moving it on. Commissioner Horaz said she had attended the Council meeting and listened to it on-line and 2 Aldermen that had concerns felt Chairman Lindblom's letter and the Fire Department letter came too late. Mr. Baker stated the Council should be looking at the memo with the Commission's recommendations. Mr. Prochaska also added that the motions now include all the proper wording. 3. Comprehensive Plan Update 2014 a. Request for Proposals (RFP) Submittals Mr. Heinen reported staff has finished the review process, a decision on the firm will be made soon and the firm will attend the August 5th EDC meeting and August 12th Council meeting. The project will start mid to late August. The recommended company is a staff recommendation at this time. In another matter, Mr. Baker asked about the zoning update. An open house will be held July 23rd at 7pm to introduce the final document to the public and it will be a working session. After that, it will go to EDC, then Plan Commission and to Public Hearing at City Council at the end of August for adoption. Adjournment There was no further business and the meeting was adjourned at 7:53pm on a motion and second by Ms. Horaz and Mr. Jones, respectively. Respectfully transcribed by Marlys Young, Minute Taker