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Plan Commission Packet 2015 02-05-15 PLAN COMMISSION AGENDA Wednesday, February 11, 2015 Yorkville City Hall Council Chambers 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: January 14, 2015 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PC 2014-21 Daniel Statkus, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for a single- family apartment dwelling unit located in a business building in the B-3 Business District located at 711 N. Bridge Street in Yorkville, Illinois. 2. PC 2014-22 Caleb Smith, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning approval from E-1 Estate District to A-1 Agricultural District located at 2560 South Cannonball Trail in Yorkville, Illinois. 3. PC 2014-23 Imperial Investments, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for an outdoor music venue pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance located at 112 W. Van Emmon Street in Yorkville, Illinois. Old Business New Business 1. PC 2014-21 Daniel Statkus, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for a single- family apartment dwelling unit located in a business building in the B-3 Business District located at 711 N. Bridge Street in Yorkville, Illinois. - Action Item Special Use United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us 2. PC 2014-22 Caleb Smith, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning approval from E-1 Estate District to A-1 Agricultural District located at 2560 South Cannonball Trail in Yorkville, Illinois. - Action Item Rezoning 3. PC 2014-23 Imperial Investments, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for an outdoor music venue pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance located at 112 W. Van Emmon Street in Yorkville, Illinois. - Action Item Special Use Additional Business 1. City Council Action Updates The following item was presented to the City Council on January 27, 2015. a. PC 2014-18 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 to construct a freestanding wind energy system (FWES), or wind turbine, on an R-2 One Family Residence District zoned school property located at 920 Prairie Crossing Drive. Adjournment Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION City Council Chambers Wednesday, January 14, 2015 7:00pm Commission Members in Attendance Chairman Tom Lindblom Art Prochaska Jane Winninger James Weaver Jack Jones Michael Crouch Jeff Baker Absent: Charles Kraupner, Deborah Horaz City Staff Krysti Barksdale-Noble, Community Development Director Mr. Chris Heinen, City Planner Other Guests Christine Vitosh, Court Reporter Brian Payne, Prestwick Chris Grzeskiewicz, Raintree Village HOA Jonathan Schultz, Schultz Construction/Sky Yield Renewable Energy Dean Romano, Assistant Supt., Yorkville School District #115 Jessica Briney, Attorney, Mickey, Wilson, Weiler, Renzi & Andersson 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 November 12, 2014 The minutes were approved as presented on a motion by Mr. Crouch and second by Mr. Baker. Unanimous voice vote approval. Citizen’s Comments None Public Hearings Commissioners Jones and Weaver moved and seconded, respectively, to move into Public Hearing. Unanimous voice vote approval. Page 2 of 3 1. PC 2014-18 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 to construct a freestanding wind energy system (FWES), or wind turbine, on an R-2 One Family Residence District zoned school property located at 920 Prairie Crossing Drive. Chairman Lindblom swore in those who would speak. The Hearing opened at approximately 7:02pm and concluded at 7:12pm on a motion by Mr. Jones and second by Mr. Weaver. Unanimous voice vote approval. (See Court Reporter's Transcript) Old Business: None New Business 1. PC 2014-18 (see above Public Hearing description) Ms. Barksdale-Noble commented on the request saying all but 1 of the 14 staff recommendations had been addressed in written form by the petitioner. The first recommendation regarding setbacks will require a narrative/graphic representation and will be a condition of issuance of the building permit. Commissioner Crouch commented that he was in favor of this project and said it was a good educational opportunity. Mr. Chris Grzeskiewicz, who is on the Raintree HOA Board asked how he would obtain documentation on the project as residents there may have questions. He was directed to on-line information and when the permit is requested, the setback info can be obtained through a FOIA request. Mr. Romano thanked Ms. Barksdale-Noble for her assistance and accommodation with this project Motion: Commissioner Weaver made the following motion, seconded by Commissioner Jones: In consideration of testimony presented during a Public Hearing on January 14, 2015 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council a request for Special Use approval to construct a freestanding wind energy system (FWES), or wind turbine, on an R-2 One Family Residence District zoned school property located at 920 Prairie Crossing Drive, as illustrated in a Wind Turbine Site Assessment Report prepared by CS2 Renewable Energy, dated February 10, 2014, subject to staff recommendations in a memo dated January 7, 2015, and further subject to the aerial and memo dated January 13, 2015. (January 13 memo to become permanent part of minutes). Roll call vote: Winninger-yes, Jones-yes, Baker-yes, Prochaska-yes, Weaver-yes, Crouch-yes, Lindblom-yes. Passed 7-0. Page 3 of 3 Additional Business 1. City Council Action Updates Mr. Heinen reported on November 25, 2014 City Council actions which included County cases and 1.5 mile reviews. 2. Year in Review - 2014 a) 5 applications were received and all approved by City Council b) Guidelines were set up for proposed text amendments and approved as part of the zoning ordinance c) Text amendment was approved for filling of holes/pits d) Outdoor amphitheater text amendment was approved to allow special uses. At February meeting, the Commission will consider a music venue on Van Emmon e) Adoption of additional noise ordinance requirements f) Amendments for subdivision control ordinance regarding authorized releases of subdivision security In another matter, Mr. Heinen asked the Commission members if they would like to only receive digital copies of the meeting agendas. Both hard copies and digital are distributed at this time. It was decided digital copies would be sent prior to the meeting and paper copies would be provided at the meeting. Adjournment There was no further business and the meeting was adjourned at 7:21pm on a motion by Mr. Prochaska and second by Mr. Jones. Respectfully transcribed by Marlys Young, Minute Taker BACKGROUND & PROJECT DESCRIPTION: The applicant, Daniel Statkus, is seeking Special Use approval for a single-family apartment dwelling unit located in a business building in the B-3 Business District. The real property is located at 711 N. Bridge Street in Yorkville, Illinois. Memorandum To: Plan Commission From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: February 3, 2015 Subject: PC 2014-21 – 711 Bridge Street (Special Use Permit) This property was rezoned from R-2 to B-3 in 2007 by Ordinance Number 2007-74 (attached) by Thomas O’Brien to allow for his business, Thomas Alarm Systems. In addition to the rezoning, a Development Agreement was approved by Ordinance Number 2007-73, also attached. The Development Agreement stipulated two items: • Property Development: The City and the Owner acknowledges that the current structure on the subject property is a legal non-conforming structure. A request to enlarge, relocate or reconstruct this structure within a setback area as defined by the City B-3 Zoning Classification will require the Owner to request, and be approved by the City, a variance. • Signage Provisions: The Owner agrees to the following signage regulation: o No signage on the property may be internally illuminated; o No pole signs to be permitted on the Property; o Two (2) wall signs or, in the alternative, One (1) wall and/or one (1) ground sign may be permitted on the Property; o Maximum sign area of any sign on the Property shall be no more than thirty-two (32) square feet for each sign. The property was occupied until 2012 when the property went into foreclosure and was turned over to the bank. The property has sat vacant since then and staff has received numerous inquiries on the property for a residence only. The property was never fully converted into an office/retail building and remained as a single-family dwelling. Also, no Special Use or other authorization was approved to allow the structure to maintain both a residential and commercial use. Per the Zoning Ordinance, “apartments, single-family, located in business buildings” are only allowed as Special Uses in the B-2 and B-3 Districts. Therefore, the property could not be used for residential as well commercial, it is a non-conforming use. Further, per Section 10-10- 2B of the City’s Zoning Ordinance, whenever a nonconforming use has been discontinued for a period of twelve (12) consecutive months, such use is not permitted to be re-established and will have to conform to the regulations of the district. EXISTING CONDITIONS: The existing zoning and land use for properties surrounding the subject property are as indicated below: Zoning Land Use North R-2 One-Family Residence District Duplexes East R-3 General Residence District Duplex South B-1 Local Business District Office West R-2 One-Family Residence District Public Works Facility SPECIAL USE CRITERIA: Section 10-4-9F 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 applicant has provided written responses to these special use standards as part of their application and requests inclusion of those responses into the public record. STAFF COMMENTS & RECOMMENDATIONS: Staff is supportive of the request for special use for a single-family apartment dwelling unit. The property was never fully converted to an office or retail use. Granting a special use will allow the property to become conforming and sellable. The petitioner is looking to reside and locate his offices at the location. Proposed Motion: In consideration of testimony presented during a Public Hearing on February 11, 2015 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council a request for Special Use approval for a single-family apartment dwelling unit located in a business building in the B-3 Business District located at 711 N. Bridge Street, subject to staff recommendations in a memo dated February 3, 2015, and further subject to {insert any additional conditions of the Plan Commission}… Attachments: 1. Copy of Petitioner’s Application 2. Ordinance 2007-73 3. Ordinance 2007-74 4. Copy of Public Notice PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2014-21 NOTICE IS HEREWITH GIVEN THAT Daniel J. Statkus, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for a single-family apartment dwelling unit located in a business building in the B-3 Business District. The real property is located at 711 N. Bridge Street in Yorkville, Illinois. The legal description is as follows: LOT 1, NORTH BRIDGE STREET SUBDIVISION, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM: PARCEL NO. 3KC0152, PART OF LOT 1 IN NORTH BRIDGE SUBDIVISION, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 13 IN APPLETREE COURTS SUBDIVISION, IN YORKVILLE; THENCE SOUTH 86 DEGREES 00 MINUTES 01 SECONDS EAST, 14.673 METERS (48.14 FEET) ALONG THE NORTH LINE OF SAID LOT 1 TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86 DEGREES 00 MINUTES 01 SECONDS EAST 8.937 METERS (29.32 FEET) ALONG THE NORTH LINE OF SAID LOT 1 TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 1, 24.018 METERS (78.80 FEET) ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 241.975 METERS (793.88 FEET), THE CHORD OF SAID CURVE BEARS SOUTH 09 DEGREES 02 MINUTES 33 SECONDS WEST, 24.008 METERS (78.77 FEET); THENCE SOUTH 06 DEGREES 05 MINUTES 34 SECONDS WEST, 0.467 METERS (1.53 FEET) ALONG THE EAST LINE OF SAID LOT 1 TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 86 DEGREES 00 MINUTES 01 SECONDS WEST 7.624 METERS (25.01 FEET) ALONG THE SOUTH LINE OF SAID LOT 1; THENCE NORTH 06 DEGREES 21 MINUTES 00 SECONDS WEST 5.504 METERS (18.06 FEET); THENCE NORTHERLY 19.058 METERS (62.53 FEET) ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 250.670 METERS (822.41 FEET), THE CHORD OF SAID CURVE BEARS NORTH 09 DEGREES 25 MINUTES 51 SECONDS EAST, 19.053 METERS (62.51 FEET) TO THE POINT OF BEGINNING, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PIN# 02-28-351-027 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, February 11, 2015 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 BACKGROUND: The applicant, Caleb Smith, is seeking Rezoning approval from E-1, Estate District to A- 1, Agricultural District located at 2560 Cannonball Trail. The overall property is approximately 6.5 acres in size which houses a residential structure and accessory buildings along with farm fields and a large detention facility. Memorandum To: Plan Commission From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: February 3, 2015 Subject: PC 2014-22 – 2560 Cannonball Trail – Rezoning from E-1 to A-1 This property was annexed into the City of Yorkville on July 8, 2003 by Ordinance Number 2003-039 with the zoning of E-1, see attached. The property immediately to the east of the subject property was annexed into the City on July 22, 2003 by Ordinance Number 2003- 043. These properties were annexed into the city to provide contiguity for the annexation of the Grande Reserve development, which was also annexed on July 22, 2003. EXISTING CONDITIONS: The existing zoning and land use for properties surrounding the subject property are as indicated below: Zoning Land Use North Kendall County County Residences East E-1, Estate District Vacant/Wooded Land South Kendall County County Residences West M-1, Limited Manufacturing District Wrigley Facility/Vacant Land AMENDMENT CRITERIA: Section 10-4-10B of the City’s Zoning Ordinance establishes standards for proposed amendment requests. Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: 1. The existing uses and zoning of nearby property. 2. The extent to which the property values are diminished by the particular zoning restrictions. 3. The extent to which the destruction of property values of plaintiff promotes the health, safety, morals or general welfare of the public. 4. The relative gain to the public as compared to the hardship imposed upon the individual property owner. 5. The suitability of the subject property for the zoned purposes. 6. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 7. The community need for the purposed use. 8. The care to which the community has undertaken to plan its land use development. The applicant has provided written responses to these rezoning standards as part of their application and requests inclusion of those responses into the public record. STAFF COMMENTS & RECOMMENDATIONS: Staff is supportive of the request for rezoning from E-1, Estate District to A-1, Agricultural District for the property located at 2560 Cannonball Trail. The Comprehensive Plan for this area is designated as Suburban Neighborhood. The rezoning of the property will not impact the current land use plan for the area and at the time of development will be rezoned to a residential use. The property is currently being utilized as a farmstead with a portion of the property being used for farming purposes. The addition of farm animals will not be detrimental to the surrounding land uses or zoning as a majority of the properties are within the county. Proposed Motion: In consideration of testimony presented during a Public Hearing on February 11, 2015 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council a request for Rezoning approval from E-1, Estate District to A-1, Agricultural District located at 2560 Cannonball Trail, subject to staff recommendations in a memo dated February 3, 2015, and further subject to {insert any additional conditions of the Plan Commission}… Attachments: 1. Petitioners Application 2. Plat of Survey. 3. Ordinance 2003-039 4. Copy of Public Notice STATE OF ILLINOIS COUNTY OF KENDALL ss ORDINANCE NO. 2003--_ Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON 0,3-11-20031 At 111 .15 am. ORDINANCE 18.00 ORDINANCE ANNEXING PROPERTIES TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS Wurst Property) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of THE UNITED CITY OF YORKVILLE,Kendall County,Illinois,requesting that said territory be annexed to THE UNITED CITY OF YORKVILLE(see attached Exhibit"A" incorporated herein by reference); and WHEREAS, there are two (2) electors residing within the said territory; and WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to THE UNITED CITY OF YORKVILLE; and WHEREAS,legal notices regarding the intention of THE UNITED CITY OF YORKVILLE to annex said territory have been sent to all public bodies required to receive such notice by state statute; and WHEREAS,copies of such notices required to be recorded,if any,have been recorded in the Office of the Recorder of Kendall County; and WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and WHEREAS, it is in the best interests of THE UNITED CITY OF YORKVILLE that the territory be annexed thereto, NOW THEREFORE,be it ordained by the Mayor and City Council of THE UNITED CITY OF YORKVILLE, Kendall County, Illinois, as follows: Section 1: THAT the following described territory, See Attached Legal Description(Exhibit"A") Being indicated on an accurate map of the annexed territory(which is appended to and made a part of this Ordinance), is hereby annexed to THE UNITED CITY OF YORKVILLE. Section 2: THAT the City Clerk is hereby directed to record with the Recorder and to file with the County Clerk a certified copy of this Ordinance, together with the accurate map of the territory annexed appended to the Ordinance. Section 3: THAT the territory described in Exhibit "A" is hereby annexed and zoned as follows: Estate Class One-Family Residence District. Section 4: THAT this Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. WANDA OHARE 4— JOSEPH BESCO VALERIE BURR PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 2 APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of S A.D. 20_. u . • ' PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this ay of A.D. 20_3. Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 k t u 2, X20 \F—: (Y\ LEGAL DESCRIPTION LOT 1 IN BABBITT SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1973, AS DOCUMENT NUMBER 73-3410, KENDALL COUNTY, ILLINOIS. PLAT OF ANNEXATION UNITED CITY OF YORKVILLE LOT 1 BABBITT SUB LEGAL LOT 1 OF BABBATTT SUB FLAT FILE F-F 10-27 20 0300032951 Filed for Record in KENDALL COUNTY, ILLINOIP PAUL ANDERSON 09-11-2003 At 11:15 AM. r—H T ANNEX 30.00 j PLAT OF ANNEXATION TO P.I.N. 02-16-426-006 THE UNITED CITY OF YORKVILLE j I FH N7SVILLE f07t Tp 1If isT 8T IM) I LEGAL DESMPT1ON LOT 1 MJ BABBITT S1JS01NRON.WIHG A SUBDIVISION OF PART OF THE sOUTHEAST QUART OF worm 1E,TOuwsw]]NORTH.RANGE l EAST OF T7K iwlq PIBNCMAL NEISpAN.AOOOIIONG TO INN;PLAT IHMQF RECON EO JULY 1E,167,7,AS DOCUMENT NUMM 73-3410. Kp1OA11 COUNTY.XUHM SCALE: 1'-10D' w n^Y f tAJ UTiSUBpINOED) k ..-':,r•"„n x 7 n kx ti nr nf y. 1 n t b i I N M37 T t. It I STATE OF R IXS) COUNTY Of WPAGE)S.S NEN Tn TS INC..PROFESSIpnt DESN GN ARM-LAND SURVEYING CORPORATION No.181-002917, f DO HEREBY CERTIFY THAT THE PLAT SHOW HEREON WAS PREPARED FROM EMSTNO PLATS AND RECORDS AND THAT SAID PLAT 15 A TRUE AND CORRECT REPRESENTATION THEREOF.ALL RIENSIONS SHOW ND FEET AND DECIMAL PART THEREOF. 1f1 ALL DISTANCES SHOYM N FEET AND DECIMAL PARTS THEREOF, GIVEN UNDER MY HAND AND SEAL N NAPERNLLE,IUNolS THIS JS IL W,_J6AREATOBEANNEXED2003O00329St TOUT DAY OF JULY,AO,.2001 TE O TO THE UNITED CITY OF YORK.LLE SECTION CORNER FLI11O for RFCartl in EXISTING NLLAGE UNITS P Y1 ILLINOIS JUJI".7w w04-71-2093 Rk Ili{{5 fUl. SECTION LNE IA;B QUARTER SECTION CORNER PLHT AHIEY gyp,OO NO 060071111A1DMUFNEYOR iQUARTERSECTIONUNE GU.RTER,QUARTER SECTION LINE v.O.C' 6f2O/03 ISSUE AAEK VICE PR WOls[M.v:L i l ) --------VICE PRESIOENIA'fRV1Lf' PLACE OF COMMENCEMENT E NO. DATE DESCRIP710N BY LICENSE EXPIRES 11/39/2p0aPIREPAREDFOR:EIPSTNG R.O.W.UNE P-O.B t.sxuOkF EASEMENT PLACE OF BEGINNING ANTS. RS MIDI-VORKVILLE IWJRST) aJ` STATE OF A'R. RADIUS LAND SURVEYORS WiLO1NO SETBACK LIAR: A 113Y J VOINi ORwE 6111016 CENTERUNE LENGTH OF CURVE 001 9WR04 CHORD BEARING 016 MYFa AANOiS/01/IMYFAIUEYNOSWbslJOYMD.: 165-Ii0 ORAw1 sr. YEK A CB. BRUCE A,BRU O(EINEYER.P.L.S i55 LAMDS0aYEYdI PRESIDENT NO.OYOYW LICENSE EVRES 11/30/2DO4 4EavALF' PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2014-22 NOTICE IS HEREWITH GIVEN THAT Caleb Smith, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning approval from E-1 Estate District to A-1 Agricultural District. The real property is located at 2560 South Cannonball Trail in Yorkville, Illinois. The legal description is as follows: LOT 1, BABBITT SUBDIVISION, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. COMMONLY KNOWN AS 2560 CANNONBALL TRAIL, BRISTOL, ILLINOIS. PIN# 02-16-426-006 The application materials for the proposed Rezoning 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, February 11, 2015 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 BACKGROUND & PROJECT DESCRIPTION: The applicant, Imperial Investments, LLC, is seeking Special Use approval to construct an outdoor music venue located at 112 West Van Emmon Street. The property is currently zoned B-1, Local Business District and currently being utilized as a vacant single family dwelling. Memorandum To: Plan Commission From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: February 4, 2015 Subject: PC 2014-23 – Outdoor Music Venue (Special Use Permit) - 112 W. Van Emmon The petitioner is looking to construct an 810 square foot pavilion with a concrete sitting area located along the southerly portion of the lot. The remaining portion of the property will be a grass seating area. A set of concrete stairs will be located at the northern portion of the property that will tie into the existing sidewalk on Van Emmon. A large, decorative landscape retaining wall is proposed along the southern property line and will extend northerly along the eastern and western property lines approximately 40 feet. A smaller retaining wall is also proposed at the northwest portion of the lot in order to construct the proposed stairs. A proposed sidewalk will connect to the existing parking lot recently constructed by the City and to the existing sidewalk on Van Emmon at the northeast corner of the lot. EXISTING CONDITIONS: The existing zoning and land use for properties surrounding the subject property are as indicated below: Zoning Land Use North B-2 Retail Commerce Business District Retail/Single Family Dwelling East B-1 Local Business District Office/Vacant Land South B-1 Local Business District County Owned Lot with Office West B-1 Local Business District City Parking Lot SPECIAL USE CRITERIA: Section 10-4-9F 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 applicant has provided written responses to these special use standards as part of their application and requests inclusion of those responses into the public record. STAFF COMMENTS & RECOMMENDATIONS: Staff is supportive of the request for special use for an outdoor music venue located at 112 W. Van Emmon Street. With the success of several events downtown during the summer, providing a new venue could provide an additional location to host events. Below is a summary of the recommended conditions to the Special Use for the outdoor music venue proposed by staff and the Plan Council: 1) Prior to final engineering approval, the following items will need to be submitted for review: a) Final Engineering Plans b) Landscape Plans/Tree Removal & Replacement c) Lighting/Photometric Plans d) Stormwater Permit Application e) Stormwater Report f) SWPPP g) IEPA NOI Permit and other Permit Applications as necessary h) Engineer’s Opinion of Probable Construction Cost for Public Improvements i) A performance guarantee equal to 120% of the erosion control costs and public improvements on file with the City. 2) Based upon the current site plan, the proposed site improvements will require detention since the site is a non-residential parcel with less than 3 acres in area and an impervious area greater than 25% of the development. If on-site detention is not a feasible for this property, a fee-in-lieu can be provided. 3) The existing utility easement should be shown along the west property line. 4) An existing sanitary sewer service is located along the west property line and the west property line. 5) An existing sanitary sewer service is located along the west property line and the proposed retaining wall and grading would conflict with the existing sanitary sewer service. The grading and retaining wall needs to be reviewed and revised to not adversely affect the existing sanitary sewer service. 6) It is staff’s recommendation that the Petitioner work with the City to revise the site plan to eliminate the proposed decorative retaining wall along the western property line so that the City’s existing retaining wall located at the southwest corner of the site can be continued onto this property. This will ensure that there is consistency in the retaining wall materials (PISA 2 by Unilock) and aesthetics. All as-builts and shop drawing for the City’s retaining wall will be provided to the Petitioner’s engineer. 7) The proposed site does not appear to be handicap accessible. The proposed concrete area in front of the pavilion is in excess of a maximum 2% cross slope and the routes to the site are in excess of the maximum allowable slopes. 8) The layout on the Concept Plan 1 is not consistent with the other drawings and should be revised accordingly. 9) Currently, no water or wastewater services are shown. 10) UPDATE: The petitioner has submitted a traffic plan and is currently being reviewed by staff. A traffic plan with proposed street closures for special events must be provided for review. This will include any proposed emergency plans for traffic patterns, alternative access plans and notification protocol to KenCom prior to events. 11) It is recommended that all street closure barricades which block pedestrian and vehicular traffic be movable. 12) The property is zoned B-1 Local Business District (formally B-1 Limited Business District) and the required rear yard setback is 20 feet. The preliminary plan shows a setback of 16 feet. Please revise to compliant with this regulation. 13) What are the parameters for alcohol on site? A narrative will need to address the appropriate liquor license to be obtained. 14) Upon approval of the use, proof of insurance for the outdoor music venue must be provided with building permit application. 15) Provide a photometric plan. 16) Maximum building height for the B-1 District is 80 feet. Please provide dimensioned plans for the pavilion structure illustrating compliance with the requirement. 17) UPDATE: The petitioner has submitted a parking plan and is currently being reviewed by staff. Parking - According to the plans submitted, there appears to be no on-site parking facilities provided. Per Section 10-16-2-D of the recently adopted Zoning Ordinance, the control of off-site parking facilities must be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are necessary. a) Minimum required parking shall be determined using Table 10.16.03 of the recently adopted Zoning Ordinance for “theater, auditorium or stadium” based upon 1 parking space per 4 seats. This may also be interpreted as parking stalls must be provided for one-forth (1/4) of the maximum occupancy of the site. i) Per Section 10-16-6-B of the recently adopted Zoning Ordinance, the number of required vehicular parking spaces may be reduced by one (1) space for every two (2) onsite bicycle parking spaces provided, but not by more than twenty percent (20%) of the total required spaces. b) No such offsite parking facilities shall be authorized and no zoning certificate issued where the plans call for parking facilities other than on the same lot until and unless the Zoning Board of Appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the offsite parking facilities will be maintained at all times during the life of the proposed use or building. c) A site plan, drawn to scale and fully dimensioned, is required to illustrate the minimum required parking and loading facilities to be provided are in accordance with Chapter 16: Off Street Parking of the Yorkville Zoning Ordinance. d) Per Section 10-16-3-E of the recently adopted Zoning Ordinance, all required parking spaces shall be within 1,000 feet of the use served. The measurement is determined along the path that has: i) Adequate lighting ii) Separation from the right-of-way iii) Legal crosswalks for right-of-way crossing iv) Asphalt, concrete, or similar surface e) Per Section 10-16-4: Shared Parking of the recently adopted Zoning Ordinance, the applicant must demonstrate that the shared parking area has a sufficient amount of space for the uses they intend to share the area. 18) UPDATE: The petitioner has submitted a preliminary acoustic report and is currently being reviewed by staff. Noise - An engineering acoustical study must be provided to indicate compliance with the current noise ordinance levels. 19) Signage – The petitioner must provide any plans and/or information related to signage proposed for this project, including but not limited to: location, dimensions (length, width, height) and materials. 20) Tentative Operation Schedule – Petitioner should provide a narrative describing the typical or general venue schedule of maximum number of musical events within a given year; potential leasing of property for private or sponsored events; general hours of operation; property maintenance plan; and general security details for major events. 21) Proposed maximum occupancy count for the outdoor venue must be provided. The occupancy load will then be verified by the Bristol Kendall Fire Department. 22) The number, type and location of proposed temporary (portable) or permanent bathroom facilities shall be indicated on the site plan. 23) All retaining walls which exceed 30” in height shall have an approval fall protection barrier. Due to the recent submittal of several items listed above, it is staff’s recommendation that the Public Hearing and discussion be continued to the March 11, 2015 Plan Commission meeting. This will allow sufficient time for staff to review and provide feedback to the petitioner. Proposed Motion: In consideration of testimony presented during a Public Hearing on February 11, 2015 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council a request for Special Use approval to construct an outdoor music venue located at 112 West Van Emmon Street, subject to staff recommendations in a memo dated February 4, 2015, and further subject to {insert any additional conditions of the Plan Commission}… Attachments: 1. Copy of Petitioner’s Application w/exhibits. 2. EEI Review Letter dated January 14, 2015. 3. Parking Plan. 4. Preliminary Acoustic Report. 5. Traffic Plan. 6. Ordinance 2014-80 – City of Yorkville Noise Regulations. 7. Response Letter from HR Green dated February 4, 2015. 8. Copy of Public Notice. 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VAN EMMON STREET PROPERTY NO.I DATE I BY I RE1SI0N DESCRIPTION ILLINOIS DESIGN FIRM ]: x --BOOMBAH PROPER11ES —MIKE MANN #184.001322 Clii’OF YORKV1LLE,IL 651 PRAIRE POINTE, —SUITE 201 U3 “rO’,,I I 8 CONCEPT PLAN YORKVILLE,IL 60560 ......1 HRGreen PHONE:630.553.7560°H z CONCEPT PLAN EXISTING IMPERVIOUS AREAS FAX:630.553.7646 -o ,>015 o o N C)m F) 0’,0 I’, 0 o z 0 H-C/) 0o —w P1 0 > ;4J p -3-2 o CC H I0 C-) > 0z > -U z P1 0z P1 >< (I) H z C) -O P1 713 0 -2 U) > :13 P1 3,- Pa r k i n g Pl a n fo r th e Pr o p o s e d Mu s i c V e n u e At 1 1 2 W Va n Em m o n S t r e e t Cu r r e n t l y , th e pl a n s fo r th e mu s i c ve n u e an t i c i p a t e no t mo r e th a n 15 0 pe r s o n ca p a c i t y at an ev e n t . P u r s u a n t to Or d i n a n c e 10 - 1 6 - 2 an d Ta b l e 10 . 1 6 . 0 3 , we wo u l d be re q u i r e d to ha v e 1 pa r k i n g s p a c e fo r ev e r y 4 o c c u p a n t s an d to ha v e th o s e s p a c e s wi t h i n 10 0 0 fe e t of th e mu s i c ve n u e . Us i n g th e 15 0 ca p a c i t y , we ne e d 39 pa r k i n g s p a c e s . We ha v e se v e r a l pa r k i n g op t i o n s wi t h i n th e 10 0 0 fo o t re q u i r e m e n t al l ow n e d or le a s e d by Im p e r i a l In v e s t m e n t s , LL C wh i c h ow n s th e mu s i c ve n u e lo c a t i o n . a. Th e cl o s e s t lo c a t i o n is th e bu i l d i n g at 10 2 E. Va n Em m o n St r e e t . Th i s bu i l d i n g is re q u i r e d to ha v e 20 pa r k i n g s p a c e s fo r it s ow n u s e an d th i s lo c a t i o n ma y be op e r a t i n g at th e s a m e ti m e a s a mu s i c ev e n t . Su b t r a c t i n g th e 20 s p a c e s re q u i r e d fo r th e Cr o s s F i t op e r a t i o n s , th e r e ar e st i l l 30 s p a c e s av a i l a b l e fo r mu s i c ev e n t pa r k i n g . b. Ad d i t i o n a l l y , Im p e r i a l In v e s t m e n t s ow n s pa r k i n g s p a c e s e a s t of th e Ci t y pa r k i n g av a i l a b l e be h i n d th e bu i l d i n g s on th e e a s t si d e of Ro u t e 47 . Th e r e a r e at le a s t 14 s p a c e s at th i s lo c a t i o n . c. Im p e r i a l In v e s t m e n t s re n t s s p a c e s in th e ev e n i n g s fr o m We al s o ho p e th a t th e Ci t y wo u l d m a k e av a i l a b l e pa r k i n g at it s lo t at th e Do w n t o w n Ju d o lo c a t i o n on Hy d r a u l i c St r e e t . Th e r e ar e mo r e th a n 40 s p a c e s in th i s lo t . d. It wo u l d be ou r in t e n t i o n to al s o re q u e s t th a t th e Ci t y ma k e pa r k i n g av a i l a b l e at it s lo t to th e so u t h w e s t of ou r pr o p e r t y . e. Fi n a l l y , it is ou r in t e n t i o n to in c l u d e bi c y c l e ra c k s su f f i c i e n t fo r 10 bi c y c l e s . Th a t wo u l d r e d u c e ou r pa r k i n g s p a c e re q u i r e m e n t s to 34 s p a c e s . Ea c h of th e pa r k i n g lo c a t i o n s is a c c e s s i b l e vi a si d e w a l k s or p a v e d ro a d s an d ar e in li g h t e d a r e a s . P l e a s e s e e th e at t a c h e d dr a w i n g fo r th e sp e c i f i c lo c a t i o n s . Im p e r i a l In v e s t m e n t s Ju l i e Sc h l i c h t i n g 63 0 . 3 8 5 . 7 7 8 6 -I ‘111117 .Is. ‘ff/ - Preliminary Acoustic report W. Van Emmon St Pavilion Respectfully submitted Kevin Shaw Vision Leap AV I want to address the sound issues for the proposed pavilion in as simple terms as possible. To clarify some basic sound principles I want to make sure we are all beginning from the same point of reference. Sound Travels differently depending on many environmental conditions. Temperature, humidity, and wind all play a part in how far sound can travel. Obviously, obstacles and other shapes change the way sound waves travel. For the sake of simplicity, I am going to speak to Sound Level (SPL) which is the number that would be displayed on a sound level meter. For this report the first set of numbers assumes a standard average humidity and temperature and no wind. Also the first set of numbers does not consider landscaping, retaining walls, or the shape of the land. Imagine this as an open field with no grass or shrubs to stop or deflect the sound. As a point of reference here are some general numbers for comparison: • Whisper in a quiet Library at 6 feet 30 dB* • Normal conversation at 3 feet is between 60-65 dB* • City Traffic (inside Car) 85 dB* • Power Mower at 3 feet 107dB* • Loud Rock Concert 115dB* Compare this to a Public address system or Live music • Small Chamber ensemble can be between 75-85 dB* • Jazz Band can peak at 100-120 dB * • Symphonic band at peak levels 120-137dB* • Rock Band peak levels at 150 dB * Perceptions of increase in Decibel Level • Imperceptible Change 1 dB* • Barely Perceptible Change 3dB* • Clearly Noticeable Change 5dB* • About Twice as Loud 10dB* • About Four Times as Loud 20dB* It is also good to recognize that our perception of sound level is tied to the sound itself. A concert band that is playing a loud section of music is sometimes perceived to be lower level than a lawn mower when in fact the opposite is true. Here is a chart of sound levels over distances (feet). We are looking at open field -- nothing to block the sound. At a performance venue, each performance and each performer’s sound levels will vary widely. If we look at the maximum level of a rock band (Blue Line) at its loudest point crash of the cymbals and heavy guitar strums. A Rock band at 150dB Peak (average would be closer to 115-120 dB) at the stage the sound level, but will drop to 116 dB at 45 feet. (The average of 155-120 dB would drop to 100dB) The sound level would drop to 110dB at 100 feet ( the average dropping to 95dB). Again, does not take into account any retaining walls, landscaping, or the fact that the proposed area will have a gradual rise in the grass seating area. Also the audience itself will absorb sound. The larger Distance Conversation Mower Small Ensemble Symphonic Music Peak Rock and Roll Peak Typical Band 0 65 107 80 130 150 100 10 45 96.54 60 110 130 80 20 38.98 90.52 53.98 103.98 123.98 73.98 30 35.46 87 50.46 100.46 120.46 70.46 40 32.96 84.5 47.96 97.96 117.96 67.96 50 31.02 82.56 46.02 96.02 116.02 66.02 60 29.44 80.98 44.44 94.44 114.44 64.44 70 28.1 79.64 43.1 93.1 113.1 63.1 80 26.94 78.48 41.94 91.94 111.94 61.94 90 25.92 77.46 40.92 90.92 110.92 60.92 100 25 76.54 40 90 110 60 150 21.48 63.48 36.48 86.48 106.48 56.48 200 19 60.98 33.98 83.98 103.98 53.98 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 0 10 20 30 40 50 60 70 80 90 100 150 200 So u n d l e v e l ( S P L ) Distance Feet Sound Level over distance Conversation Mower Small Ensemble Symphonic Music Peak Rock and Roll Peak Typical Band the group the more sound will be absorbed. If we factor in just a small amount of people and add in some landscaping we could see a significant loss in levels down to below 90-100dB for the loudest sounds (average would be around 75- 85dB). And that is at the peak sound. So the average level would be below that level. If we consider a more typical group for this type of a location like an average acoustical at 45 feet. For a group with an acoustic guitar, acoustic drums, and voice playing in this pavilion, we would expect that group to generate about 85dB. Again in an open field on a nice day with no wind and no landscaping we would see a drop to 52 dB over 50 feet. Add in the slope of the property and a small amount of landscaping and we could see that number drop to as little as 40 dB lower than a standard conversation. The graphic below indicates a relatively large PA system for this property’s size. I have oversized it to represent the worst case scenario. I do not anticipate that this size of property would ever have such a large system. Also remember these are open field models. The dark blue line is the concrete pad and the grass berm on the north-west corner. The bottom axis is in feet. The medium to dark blue areas are below 110dB For a Low Frequency 250 Hz of loudspeaker system installed at the top of the pavilion. Mid-range frequency of 2000 Hz Upper mid-range frequencies at 4000Hz High Frequencies at 10000 Hz These calculation also do not take into account that the traffic noise from State Highway 47. The highway noise would cause a noise masking effect. As an example, if you are sitting at a table in a quiet room talking with someone, there is no problem understanding them. At the same table, in a noisy restaurant, it can sometimes be hard to understand that person right across from you. The complexity of the human brain allows us to compensate when we are in these situations by reading lips and our brain can fill in gaps of the missing sounds. The pavilion is located far enough from the west, north, and east property lines to have little impact on properties outside the lot for acoustic events. Because of this we, are not addressing the quieter acoustic events. Those events would be more common for this type of venue. The above graphics use an example of an installed sound system that is oversized for the venue. This is a worst case scenario. As the edge of the stage is typically where a sound system might be placed. We used that location to determine the impact of a sound system from the stage to the property line. The front corner of the stage is 45 feet from the west property line and would be off axis of the speaker system so the sounds in that area are below the main sound wave traveling from the stage to the North. The north distance is 64 feet to the property line or 70 feet to the curb. This is also the main direction of sound so we will calculate the impact at this point just off property as it would be the loudest perceived level on that side. Keep in mind that the sound would be even lower across the street. I see very little impact from the South side as the performers would be directing the sound to the North. Typical performance in a venue like this would be at maximum levels around 90-95dB. Standing 70 feet from the pavilion or at the curb, the sound level would only be 65dB. Even if the wind was moving with the sound the level might only increase to 75dB. The loudest performance for a venue like this might actually be a community Band or Orchestra with heavy drums and low brass sounds traveling slightly further that the high frequencies of the flutes. A community band at peak can hit a level of 137dB. Standing at the curb, the level of the band would drop to 100 dB. Adding in an audience, a small amount of landscaping, and considering the elevations, the sound would drop to below 90 dB. Again, all of these numbers are calculated with the basic acoustical equations. There are many environmental factors which could alter the numbers. Basic Recommendations: 1. Add basic landscaping of a small hedge and a couple of larger trees on the west and north borders of the lot for absorption and diffusing of the sound. 2. If a sound system is permanently installed, the speakers should be elevated to the highest level of the pavilion and they should be directed downward toward the audience area limiting spill-over of sound. 3. Heavier Landscaping to the east is recommend so highway noise does not over power the performances. 4. If outside sound systems would be allowed on the property, request that the sound company maintain and use a SPL meter to verify levels do not exceed 110dB in audience area. In conclusion, with a small amount of landscaping on the west and north side and proper restrictions on the type of music played on site, I do not see any conditions that would cause the surrounding neighborhood any higher levels than typical yard work or traffic noise in the area. Yes, they will hear music if a large band is playing but it would be at or possibly below conversational levels. A typical small sound system that might be used on this property would not be capable of approaching the higher sound levels I used in my calculations and graphics. Even with my calculations toward the high end, I still come up with less than 110 dB at the boarder of the property on the west, north, and east side of the property. If a sound system is installed great care should be taken to use the appropriate directional speakers for the situation. *Statistics for the Decibel (Loudness) Comparison Chart were taken from a study by Marshall Chasin , M.Sc., Aud(C), FAAA, Centre for Human Performance & Health, Ontario, Canada. 50250 x x x x UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2014-80 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AMENDING THE NOISE REGULATIONS Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 9`h day of December, 2014 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on December 18, 2014. Ordinance No. 2014- SO AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE NOISE REGULATIONS 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, the City pursuant to Section 5/11-60-2 of the Illinois Municipal Code (65 ILCS 5/11-60-2) may define, prevent and abate nuisances and the City's authority to protect the public health, welfare and safety hereby adopts this ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That Title 4, Chapter 4, Sections 4-4-2 and 4-4-3 of the Yorkville City Code, as amended,be and is hereby amended to read as follows: 4-4-2: WEIGHTED SOUND LEVEL: Sound pressure decibel levels shall be measured on a sound level meter using the "A" weighing network and designated as dB(A) or dBA. The following table provides examples of sound pressure decibel levels: Sound Environment Typical Sound Pressure Decibel Levels Generated (dBA) Threshold of hearing 0 dBA Broadcast Studio 20 dBA Library 30 dBA Quiet Office 40 dBA Light auto traffic (100 feet) 50 dBA Air-conditioning unit (20 feet) 60 dBA Freeway traffic 70 dBA Vacuum cleaner (5 feet) 80 dBA Passing car at 10 feet 90 dBA Passing bus or truck at 10 feet 100 dBA Passing subway train at 10 feet 110 dBA Nightclub with band playing 120 dBA Jet takeoff(200 feet) 130 dBA Air-raid siren 140 dBA Ordinance No. 2014- Page 2 4-4-3: HOURS AND LEVELS: A. Day Hours: No person shall cause or allow the emission of sound decibel levels during daytime hours from 7:00 A.M. to 10:00 P.M. from any noise source which exceeds the following levels: Land Use Outdoor Space Outdoor Space not Indoor space within the property closer than the in a boundaries of property line of the structure - property where the receiving residential maxim sound originates property- maxim decibel level from - maxim decibel level (dB) dB) decibel level (dB) Residential - Single-Family Multi-Family, Detached &70 65 65 Attached Office Buildings, Businesses, 70 70 70 Commercial & Professional Sports Arena, Outdoor 110 100 100 Spectator Sports Theaters, Auditoriums, Concert Halls, Outdoor 110 90 100 Music Venues, Amphitheaters Parks, Neighborhood 70 70 Playgrounds, Ball Fields Golf Courses, Water Recreations, Gun/Shooting 75 70 70 Ranges Industrial, Manufacturing, 80 75 80 Utilities, Agriculture B. Night Hours: No person shall cause or allow the emission of sound decibel levels during nighttime hours (10:01 P.M. to 6:59 A.M.) from any noise source to any receiving residential land which exceeds fifty five (55) dBA when measured at any point within such receiving residential land provided that the point of measurement shall not be closer than on the property line of the complainant. Section 2: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No.2014- so Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of L7ECENM6ER 2014. DCPUT CITY CLE _ CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI V LARRY KOT CHRIS FUNKHOUSER V JOEL FRIEDERS V ROSE ANN SPEARS V DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 1-1 day of b C EM EJER,2014. MAY R i" Ordinance No. 2014- SO Page 4 Phone 630.553.7560 Fax 630.553.7646 Toll Free 800.728.7805 651 Prairie Pointe Drive, Suite 201, Yorkville, Illinois 60560 February 4, 2015 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: PC 2014-23 Outdoor Music Venue Special Use for Outdoor Music Venue -112 W. Van Emmon Street HR Green Project 88140203 Dear Krysti: We have received your letter to Imperial Investments, LLC dated January 23, 2015. Below is a point by point response to those comments. Engineering Comments Comment 1: Prior to final engineering approval, the following items will need to be submitted for review:  Final Engineering Plans  Landscape Plans  Lighting/Photometric Plans  Stormwater Permit Application  Stormwater Report  SWPPP  IEPA NOI Permit and other Permit Applications as necessary  Engineer’s Opinion of Probably Construction Cost for Public Improvements  A performance guarantee equal to 120% of the erosion control costs and public improvements on file with the City. Response 1: Noted and to be included during final engineering with the exception of the Stormwater Report, SWPPP, and IEPA NOI as all those requirements are intended to be reduced so that they will not be required moving forward based on the revised plans, see following responses for additional information. Comment 2: Based upon the current site plan, the proposed site improvements will require detention since the site is a non-residential parcel with less than 3 acres in area and an impervious area greater than 25% of the development (Section 203.1.,c of the Kendall County Stormwater Ordinance). Ms. Krysti Barksdale-Noble United City of Yorkville Special Use for Outdoor Music Venue 112 W. Van Emmon Street Project Number 88140203 February 4, 2015 Page 2 Response 2: It is the applicant’s intention moving forward to both reduce the building footprint and also the site’s impervious area to yield an overall impervious area less than 25% therefore reducing the detention requirement for this site. Comment 3: The existing utility easement should be shown along the west property line. Response 3: Noted and easement to be supplied on the final engineering documents moving forward upon receipt of information. Comment 4: An existing sanitary sewer service is located along the west property line. Response 4: Noted and additional information is to be supplied by the City to the applicant’s engineer so that the final engineering documents can address this in more detail. Comment 5: An existing sanitary sewer service is located along the west property line and the proposed retaining wall and grading would conflict with the existing sanitary sewer service. The grading and retaining wall needs to be reviewed and revised to not adversely affect the existing sanitary sewer service. Response 5: Noted and additional information is to be supplied by the City to the applicant’s engineer so that the final engineering documents can address this in more detail. The plan will be revised to remove the proposed landscaping wall on the west property line to account for this sanitary sewer service or adjustment made to the sanitary service to account for the site improvements. Comment 6: It is staff’s recommendation that the Petitioner work with the City to revise the site plan to eliminate the proposed decorative retaining wall along the western property line so that the City’s existing retaining wall located at the southwest corner of the site can be continued onto this property. This will ensure that there is consistency in the retaining wall materials (PISA 2 by Unilock) and aesthetics. All as-builts and shop drawing for the City’s retaining wall will be provided to the Petitioner’s engineer. Response 6: Noted and site plan to be revised with the anticipation of removing the proposed wall on the west property line. This is to be forthcoming in final engineering documents. Ms. Krysti Barksdale-Noble United City of Yorkville Special Use for Outdoor Music Venue 112 W. Van Emmon Street Project Number 88140203 February 4, 2015 Page 3 Comment 7: The proposed site does not appear to be handicap accessible. The proposed concrete area in front of the pavilion is in excess of a maximum 2% cross slope and the routes to the site are in excess of the maximum allowable slopes. Response 7: ADA access will be available from the west (existing parking lot) and the final site grading to be addressed/revised in the final engineering documents. It is assumed that portions of the sidewalk heading to the east just east of the staircase will not be ADA accessible based on existing site constraints, but one ADA route will be achieved from the west. Comment 8: The layout on the Concept Plan 1 is not consistent with the other drawings and should be revised accordingly. Response 8: Noted (sidewalk configurations at the time were different on the exhibits) Comment 9: Currently, no water or wastewater services are shown. Response 9: That is correct as the applicant at this time does not want to include water or sewer services for this free standing structure. Existing services are to be plugged/capped in the proposed condition and temporary facilities are to be made available on event days and locations shown in the final documents. Fire District (BKFD Comments: Comment 10: A traffic plan with proposed street closures for special events must be provided for review. This will include any proposed emergency plans for traffic patterns, alternative access plans and notification protocol to KenCom prior to events. Response 10: A traffic plan has been developed and available for review, see previously submitted plan. Comment 11: It is recommended that all street closure barricades which block pedestrian and vehicular traffic be movable. Ms. Krysti Barksdale-Noble United City of Yorkville Special Use for Outdoor Music Venue 112 W. Van Emmon Street Project Number 88140203 February 4, 2015 Page 4 Response 11: Noted to be moveable type barricades and also the use of temporary signage to be included. Community Development Comments: Comment 1: The property is zoned B-1 Local Business District (formally B-1 Limited Business District) and the required rear yard setback is 20 feet. The preliminary plan shows a setback of 16 feet. Please revise to be compliant with this regulation. Response 1: Noted and the applicant agrees with revising the site layout to include the required 20 foot setback. Comment 2: The City of Yorkville recently adopted new noise regulations that outline the restrictions for outdoor music venues. See attached ordinance. Provide a detailed noise study for review. Response 2: Noted and previously submitted. Comment 3: There are no plans indicating wastewater facilities or water facilities. Please provide a detailed plan for wastewater and potable water facilities. Response 3: Applicant at this time does not request use of water or sewer services for this free standing structure. Existing residential services are to be plugged/capped in the proposed condition and temporary accommodations are to be made available on event days to address this by the property owner. Comment 4: What are the parameters for alcohol on site? A narrative will need to address the appropriate liquor license to be obtained. Response 4: The events are intended to increase the numbers of people using the downtown area and the downtown businesses. We will have some events where there will be no alcohol on the music venue premises and designed for families with young children. Some events will be similar to those held at Ravinia though on a much smaller scale. For those events, food and alcohol may be provided by Cobblestone on the music venue premises. Cobblestone is Ms. Krysti Barksdale-Noble United City of Yorkville Special Use for Outdoor Music Venue 112 W. Van Emmon Street Project Number 88140203 February 4, 2015 Page 5 properly licensed for catering and if it is determined that special events licensing is needed, we will obtain the correct City and State licenses for each event. Comment 5: Upon approval of the use, proof of insurance for the outdoor music venue must be provided with building permit application. Response 5: Noted and to be provided by applicant/owner upon building permit application. Comment 6: Provide a photometric plan. Response 6: Noted and to be provided at final engineering once lighting has been selected and the appropriate plan developed. Comment 7: Maximum building height for the B-1 District is 80 feet. Please provide dimensioned plans for the pavilion structure illustrating compliance with the requirement. Response 7: Noted and structure height is assumed to be at least half of the maximum building height or less. A marked up renderings with dimensions is to be submitted for review by applicant with full understanding of the limitations and no variance is being requested. Parking Comment 8: According to the plans submitted, there appears to be no on-site parking facilities provided. Per Section 10-16-2-D of the recently adopted Zoning Ordinance, the control of off-site parking facilities must be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are necessary. a. Minimum required parking shall be determined using Table 10.16.03 of the recently adopted Zoning Ordinance for “theater, auditorium or stadium” based upon 1 parking space per 4 seats. This may also be interpreted as parking stalls must be provided for one-fourth (1/4) of the maximum occupancy of the site. i. Per Section 10-16-6-B of the recently adopted Zoning Ordinance, the number of required vehicular parking spaces may be reduced by one (1) space for every two (2) onsite bicycle parking spaces provided, but not by more than twenty percent (20%) of the total required spaced. Ms. Krysti Barksdale-Noble United City of Yorkville Special Use for Outdoor Music Venue 112 W. Van Emmon Street Project Number 88140203 February 4, 2015 Page 6 b. No such offsite parking facilities shall be authorized and no zoning certificate issued where the plans call for parking facilities other than on the same lot until and unless the Zoning Board of Appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the offsite parking facilities will be maintained at all times during the life of the proposed use or building. c. A site plan, drawn to scale and fully dimensioned, is required to illustrate the minimum required parking and loading facilities to be provided are in accordance with Chapter 16: Off Street Parking of the Yorkville Zoning Ordinance. d. Per Section 10-16-3-E of the recently adopted Zoning Ordinance, all required parking spaces shall be within 1,000 feet of the use served. The measurement is determined along the path that has: i. Adequate lighting ii. Separation from the right-of-way iii. Legal crosswalks for right-of-way crossing iv. Asphalt, concrete, or similar surface e. Per Section 10-16-4: Shared Parking of the recently adopted Zoning Ordinance, the applicant must demonstrate that the shared parking area has a sufficient amount of space for the uses they intend to share the area. Response 8: Please see the plan submitted at the EDC meeting. The applicant’s intention is to provide off-street parking throughout the downtown area at several locations that are either privately owned under the same ownership, leased by the same ownership, and spaces also available at City public parking that is adjacent to the site. The applicant also agrees that providing a bike rack onsite for this development is needed and will be provide as such. Overflow parking per section 10-16-3-E will be met by the property owned at the immediate southeast corner of IL Rte. 47 and VanEmmon. Detailed parking calculations based on assumed capacity will be finalized in the final engineering documents and attached is a preliminary parking overview of assumed locations. Noise Comment 9: An engineering acoustical study must provide to indicate compliance with the current noise ordinance levels Ms. Krysti Barksdale-Noble United City of Yorkville Special Use for Outdoor Music Venue 112 W. Van Emmon Street Project Number 88140203 February 4, 2015 Page 7 Response 9: Noted and previously submitted. Signage Comment 10: The petitioner must provide any plans and/or information related to signage proposed for this project, including but not limited to: location, dimensions (length, width, height) and materials. Response 10: Noted. We intend to place a sign on the property with the name of the park. We also plan to use the sign owned by Imperial Investments on Route 47 for advertising and directions to the music venue. All signs used in either location will be permanent signs and meet the City ordinances for such signs. For specific events we may use temporary signs on Imperial Investment properties, and all such signs will meet the sign ordinance for temporary signs. Tentative Operation Schedule Comment 11: Petitioner should provide a narrative describing the typical or general venue schedule of maximum number of musical events within a given year; potential leasing of property for private or sponsored events; general hours of operation; property maintenance plan’ and general security details for major events. Response 11: There are no set plans for events. Petitioner envisions that there will be 1-2 events per month at this location from May through September, and one event per month from October through April. We anticipate to coordinate with the City, the Parks Department, and the various Chamber organization to host, incorporate, or enhance events such as the Movies Under the Stars, the Egg Hunt, River front events, Summer Solstice, Biz Boo, Santa visits, and the various 5k runs organized by Parks and other organizations in Yorkville. We hope this venue will be attractive to Yorkville families for music and other non-music events as a destination, enhancing the downtown area for all the businesses and property owners. Ms. Krysti Barksdale-Noble United City of Yorkville Special Use for Outdoor Music Venue 112 W. Van Emmon Street Project Number 88140203 February 4, 2015 Page 8 Building Department Comments: Comment 12: Proposed maximum occupancy count for the outdoor venue must be provided. The occupancy load will then be verified by the Bristol Kendall Fire Department. Response 12: Final maximum occupancy calculations are yet to be figured based on final layout. The current estimation regarding occupancy is approximately 150 to 160 persons. Prior to the final plans being submitted we will review these numbers with the City and Fire Marshall. Comment 13: The number, type and location of proposed temporary (portable) or permanent bathroom facilities shall be indicated on the site plan. Response 13 Noted. The portable bathrooms will likely be located on the City parking lot at the west edge of the property line. This area will be ADA accessible and level for the portables. Comment 14: All retaining walls which exceed 30” in height shall have an approval fall protection barrier. Response 14: Proposed fencing is to be added to the plans. Should you have any questions, please call me directly at 630.708.5002. Sincerely, David W. Schultz, P.E., LEED AP Project Manager DWS/jmk \\HRGYVNAS\Data\88140203\Design\Corr\ltr-Imperial-020415.docx PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2014-23 NOTICE IS HEREWITH GIVEN THAT Imperial Investments, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for an outdoor music venue pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance. The real property is located at 112 W. Van Emmon Street in Yorkville, Illinois. The legal description is as follows: LOTS 5 AND 6 AND THE WEST ½ OF VACATED JEFFERSON STREET LYING EAST OF AND ADJOING SAID LOT 6, ALL IN BLOCK 28 OF THE ORIGINAL VILLAGE OF YORKVILLE, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PIN# 05-38-287-002 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, February 11, 2015 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