Plan Commission Packet 2015 08-12-15
PLAN COMMISSION
AGENDA
Wednesday, August 12, 2015
Yorkville City Hall Council Chambers
800 Game Farm Road
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous meeting minutes: July 8, 2015
Citizen’s Comments
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Public Hearings
1. PC 2015-11 Hari Development Yorkville, LLC, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting special use permit approvals for a
fuel station and authorization for a Planned Unit Development. The purpose of the request is to
resubdivide an existing lot within the Fountainview Subdivision to allow for a proposed new
drive-through retail building with outdoor seating and a mixed use retail building intended to
include a gasoline/fuel service station with a convenience store and restaurant in a single unit, as
well as a coffee shop, restaurant or tavern-lounge with a video gaming operation in a second unit.
Deviations from the City’s Zoning Ordinance requested are related to building and parking
setbacks, signage location and landscaping. The real property is generally located at the northeast
corner of Fountainview Drive and S. Bridge Street (IL Route 47) in Yorkville, Illinois.
Old Business
New Business
1. PC 2015-11 Hari Development Yorkville, LLC, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting special use permit approvals for a
fuel station and authorization for a Planned Unit Development. The purpose of the request is to
resubdivide an existing lot within the Fountainview Subdivision to allow for a proposed new
drive-through retail building with outdoor seating and a mixed use retail building intended to
include a gasoline/fuel service station with a convenience store and restaurant in a single unit, as
well as a coffee shop, restaurant or tavern-lounge with a video gaming operation in a second unit.
Deviations from the City’s Zoning Ordinance requested are related to building and parking
setbacks, signage location and landscaping. The real property is generally located at the northeast
corner of Fountainview Drive and S. Bridge Street (IL Route 47) in Yorkville, Illinois.
- Action Item
Special Use & Planned Unit Development (PUD)
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
2. PC 2015-12 Hari Development Yorkville, LLC, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois requesting final plat approval for the
Fountainview Plaza Subdivision. The purpose of the request is to resubdivide an existing lot
within the Fountainview Subdivision to allow for a proposed new drive-through retail building
with outdoor seating and a mixed use retail building intended to include a gasoline/fuel service
station with a convenience store and restaurant in a single unit, as well as a coffee shop,
restaurant or tavern-lounge with a video gaming operation in a second unit. The real property is
generally located at the northeast corner of Fountainview Drive and S. Bridge Street (IL Route
47) in Yorkville, Illinois.
- Action Item
Final Plat Approval
3. PC 2015-14 Gary Kritzberg, petitioner, has filed an application with Kendall County seeking a
variance to construct a garage structure that will be located within the 50’ front yard setback.
The property is located at 1211 Game Farm Road.
- Action Item
1 ½ Mile Review (Variance)
Additional Business
1. City Council Action Updates
The following items were presented to the City Council on July 28, 2015.
a. PC 2015-09 Terry Richards, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting rezoning approval from B-3, General
Business District to M-1, Limited Manufacturing District. The real property is located at
147 Commercial Drive in Yorkville, Illinois.
b. PC 2015-10 Terry Richards, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting special use approval for a public storage
facility pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance. The
real property is located at 147 Commercial Drive in Yorkville, Illinois.
Adjournment
DRAFT
UNITED CITY OF YORKVILLE
PLAN COMMISSION
City Council Chambers
Wednesday, July 8, 2015 7:00pm
Commission Members in Attendance
Chairman Randy Harker Reagan Flavin-Goins
James Weaver Charles Kraupner
Chuck Galmarini Richard Vinyard
Absent: Michael Crouch, Deb Horaz, Jack Jones
City Staff
Mr. Chris Heinen, City Planner
Kurt Muth, EEI
Other Guests
Alderman Chris Funkhouser Christine Vitosh, Court Reporter
Dennis Knauf Julie Knauf
Terry Richards Adam Richards
Kelly Kramer Helland, Attorney
Meeting Called to Order
Chairman Randy Harker called the meeting to order at 7:00pm.
Roll Call
Roll call was taken and a quorum was established.
Minutes June 2, 2015
The minutes were approved as presented on a motion by Mr. Weaver and second by Ms.
Flavin-Goins. Approved unanimously on a roll call vote.
Citizen’s Comments None
Public Hearings
Chairman Harker explained the procedure for the meeting and swore in those who would
give testimony.
At 7:07pm a motion was made by Mr. Weaver and seconded by Mr. Kraupner to close
the regular session and go into Public Hearing. Roll call vote: Galmarini-yes, Goins-yes,
Kraupner-yes, Vinyard-yes, Weaver-yes, Harker-yes. Passed 6-0.
Page 1 of 3
1. PC 2015-09 Terry Richards, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting rezoning
approval from B-3, General Business District to M-1, Limited
Manufacturing District. The real property is located at 147 Commercial
Drive in Yorkville, Illinois.
(See Court Reporter's Transcript)
2. PC 2015-10 Terry Richards, petitioner has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting special use
approval for a public storage facility pursuant to Chapter 6, Table 10.06.03
of the Yorkville Zoning Ordinance. The real property is located at 147
Commercial Drive in Yorkville, Illinois.
(See Court Reporter's Transcript)
At 7:21pm a motion was made by Mr. Kraupner and seconded by Mr. Weaver to close
the Public Hearing and re-open the regular session. Roll call vote: Galmarini-yes,
Goins-yes, Kraupner-yes, Vinyard-yes, Weaver-yes, Harker-yes. Passed 6-0.
Old Business None
New Business
1. PC 2015-09 Rezoning (see above #1)
Action Item
Rezoning
There was no further discussion and it was moved and seconded by Commissioners
Kraupner and Weaver, respectively, as follows: In consideration of testimony presented
during a Public Hearing on July 8, 2015 and discussions conducted at that meeting, the
Plan Commission recommends approval to the City Council a request for Rezoning
approval from B-3, General Business District to M-1, Limited Manufacturing District
located at 147 Commercial Drive, subject to staff recommendations and conditions in a
memo dated June 29, 2015.
Roll call: Goins-yes, Kraupner-yes, Vinyard-yes, Weaver-yes, Galmarini-yes, Harker-
yes. Passed 6-0.
2. 2015-10 Special Use (see above #2)
Action Item
Special Use
There was no further discussion and a motion was made by Mr. Kraupner and seconded
by Mr. Galmarini as follows: In consideration of testimony presented during a Public
Hearing on July 8, 2015 and discussions conducted at that meeting, the Plan Commission
recommends approval to the City Council a request for Special Use approval for a public
storage facility pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance
located at 147 Commercial Drive, subject to staff recommendations and conditions in a
memo dated June 29, 2015.
Roll call: Kraupner-yes, Vinyard-yes, Weaver-yes, Galmarini-yes, Goins-yes, Harker-
yes. Passed 6-0
Page 2 of 3
Additional Business
City Council Action Updates: Mr. Heinen reported on three items recently before the
Plan Commission and then before City Council.
1. Microbreweries now allowed under approved text amendment.
2. Text amendment for fence heights approved, questions raised on sideyard fences
placement in relation to the structure of the house. The Councilman later
withdrew any further recommendations and the final height approved was 6 feet
on corner sideyard fences.
3. Council approved fitness clubs for M-1 manufacturing district by a unanimous
vote.
In another matter, Mr. Heinen said there will be a Illinois APA conference for Plan
Commissioners on October 7-9 in Normal. If anyone would like to attend, the City will
pay for the conference, but not hotel. Further information is on the APA website.
Adjournment
There was no further business and the meeting was adjourned at 7:29pm on a motion by
Mr. Weaver and second by Ms. Goins. Voice vote approval.
Respectfully transcribed by
Marlys Young, Minute Taker
Page 3 of 3
Summary:
The petitioner, Hari Development Yorkville, LLC, has filed an application with the United
City of Yorkville, Kendall County, Illinois, requesting to modify an existing planned unit
development, obtain special use authorization and receive final plat approval related to the
Fountainview Plaza development. The property is located on the east side of South Bridge Street (IL
Route 47), just north of Fountainview Drive, and the petitioner is proposing to construct a new
Dunkin Donuts business, fuel/gasoline service station and a mix-use retail building on this
incomplete commercial subdivision development.
PROPERTY BACKGROUND:
In April 2007, the City Council approved the execution of an annexation agreement (Ord.
2007-33) for an approximately 4.214-acre property to be known as the Fountainview development.
The original developer, DTD Investments, LLC, requested approval of a three (3) lot subdivision,
which consisted of B-3 Service Business zoning, to allow for a bank and office uses as illustrated in
the following Site Plan that was an exhibit to the original agreement.
Memorandum
To: Plan Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: August 6, 2015
Subject: Fountainview Plaza – Dunkin Donuts/Fuel Station/Retail
Proposed PUD Modification, Special Use Authorization & Final Plat
Approval Request
Subsequently, in June 2008, the City approved an amendment to the original Fountainview
development annexation agreement (Ord. 2008-56) which redefined the property as a Planned Unit
Development (PUD) and adjusted building setbacks for the lot adjacent to South Bridge Street based
upon right-of-way acquisition by the Illinois Department of Transportation (IDOT) for the IL Rte. 47
roadway widening and reconstruction project.
Since that time, Lot 3 has been the only parcel to be developed in the Fountainview Plaza
property which now contains a Car Care Collision business specializing in automobile repair
services. In 2013, Standard Bank obtained ownership of the remaining two lots on the property
through foreclosure and recently entered into a contract purchase agreement with Hari Development
Yorkville LLC to secure entitlements for a proposed new development concept for the property.
PROJECT DESCRIPTION:
As proposed, the petitioner is seeking to resubdivide Lot 1 of the Fountainview Plaza
development into two (2) new parcels, Lots 101 and Lots 102. Lot 101, which is approximately 0.93
acres, will contain a nearly 2,000 square foot Dunkin Donuts building with a drive-through window
and a small outdoor seating area; while Lot 102 (approximately 0.86 acres) will have a mixed use
land plan consisting of a fuel/gasoline service station with a convenience store and fast food or
restaurant user.
The retail building in Lot 102 will also contain a coffee shop, restaurant or tavern-lounge
with a video gaming operation in a separate unit of the building. Finally, Lot 2, the 1-acre
northeastern parcel, will remain available for development although the petitioner proposes to install
some on-site parking in the initial phase of development as overflow for the Lot 101 uses.
EXISTING CONDITIONS:
The subject property is zoned PUD (Planned Unit Development) with an underlying zoning
of B-3 Service Business District. The existing zoning and land use for properties surrounding the
subject property are as indicated below:
Zoning Land Use
North M-1 Limited Manufacturing Agricultural
East B-3 Special Use (Kendall County) Kendall County Governmental Use
South B-3 Planned Unit Development Car Care Collision
West IL Rte. 47, B-3 Service Business District Fountain Village (Commercial Retail)
SITE PLAN
The proposed 1.79-acre site plan was reviewed by various City departments and outside
agencies to ensure compliance with applicable ordinances, regulations and standards with regard to
building setbacks, parking/parking setbacks, circulation/access roads, stormwater
management/utilities, landscaping and signage. Below are the summaries of those reviews.
Building Setbacks
There are two (2) structures proposed on the site plan. A single floor Dunkin Donuts building
on Lot 101 and a single floor convenience store with restaurant and café/tavern/gaming building on
Lot 102. Based upon the private drive located immediately to the east of the proposed development,
Lots 101 and 102 are considered “through lots” which require both street lines to be deemed front lot
lines, per Section 10-2-3: Definitions of the Yorkville Zoning Ordinance. The following table
illustrates the proposed setbacks for each structure on each lot in comparison with the code required
minimum building setback. Numbers in red indicates a deviation from the code.
BUILDING
SETBACK
REQUIRED
MINIMUM
PROPOSED LOT
101 SETBACK
PROPOSED LOT
102 SETBACK
Side/Corner Yard
Setback (South)
20 Feet 20 Feet 1 20 Feet
Front Yard
(Private Drive-East)
50 Feet 92 Feet 39.63Feet 2
Front Yard
(IL Rte 47 – West)
50 Feet 66 Feet 34 Feet 3
Parking/Parking Lot Setbacks
As proposed, there are 24 total parking spaces to be provided on Lots 101 and 102, with an
additional 10 parking spaces provided on Lot 2 for overflow until such time Lot 2 is developed for a
future user. Per Section 10-16-3 of the Yorkville Zoning Code, the total required minimum parking
needed for both lots is 18 spaces, which is exceeded by the 24 on-site spaces provided.
Per the petitioner’s plan set, they are seeking to reduce the required minimum parking lot
setback of 20 feet from arterial roadways (IL 47) and 10 feet from non-arterial roadways for both
Lots 101 and 102 as follows. Numbers in red indicates where the petitioner illustrated a deviation
from the code.
PARKING LOT
SETBACK
REQUIRED
MINIMUM
PROPOSED LOT
101 SETBACK
PROPOSED LOT
102 SETBACK
Private Drive - East
(Non-Arterial) 10 Feet 0 Feet 0 Feet
IL Route 47 – West
(Arterial) 20 Feet 34 Feet 6 Feet
However, according to staff’s measurements, the actual parking lot setback for Lots 101 and
102 from the private drive to the east is approximately 35 feet and 12 feet to the property line,
respectively. Additionally, the parking lot setback from Lot 102 to IL Route 47 to the west is
approximately 80 feet; none of which requires a variance.
Per Section 10-2-3 of the Yorkville Zoning Ordinance, “Parking Area, Private” is an open,
hard surfaced area, other than a street or public way for the storage of private passenger vehicles.
“Driveway” is defined as a paved or unpaved private roadway providing vehicular access between
1 Staff ‘s review of the plans indicate that the setback is actually 20’ from the south property line on Lot 101 and does not require a variance,
although the Setback Data Table on the plans indicate a 19’ setback.
2 Staff’s review of the plans indicates the setback is actually 39.63’ from the east property line on Lot 102, although the Setback Data Table on
the plans indicates a 24’setback.
3 Staff’s review of the plans indicate the setback is actually +/- 135’ from the west property line on Lot 101 to the Single Floor Convenience
Store, which does not require a variance. It appears the setback has been taken from the Fuel Island and Canopy Structure, which staff determines
to be an accessory structure and will still require a variance.
the right of way of the street and a parking space (storage area). Therefore, it appears the petitioner’s
measurements of the parking lot setback from the driveway rather than the parking lot.
Access Road/Circulation
There are two (2) curb cuts off of South Bridge Street (IL Rte. 47) proposed for accessing the
development. The entry/exit points are right-in/right-out accesses which will require IDOT approval
and permitting. The petitioner has indicated that plans have been submitted to IDOT engineers and
initial informal feedback has been positive. The secondary access to the development is off of
Fountainview Drive onto a north/south private drive intended to eventually connect to the property to
the north upon redevelopment.
With regards to site flow, the plan seems to anticipate three (3) distinct patterns of vehicular
circulation based upon the destination of the patron. Circulation to and from the Dunkin Donuts
business, circulation to and from the fuel/gas service station, and circulation to and from the
convenience store building, as well as any number of combinations among the three uses. Auto and
semi-truck traffic traveling northbound would have access onto the site via a right turn onto
Fountainview Drive then proceed left onto the Private Drive, or directly from IL Rte. 47 via the curb
cut. Internal site circulation is illustrated on the site plan with traffic arrows with movements
occurring in clockwise and counter clockwise direction.
The City Engineer has reviewed the site plan and provided comments with regards to semi-
truck and automobile turning movements on site. Truck-turning templates and exhibits have been
requested from the petitioner and will be subject to engineering review. We are confident should any
adjustments need to be made to the site plan to adequately address any potential auto/truck conflict
that a reasonable solution can be reached at a staff level.
Stormwater Management/Utilities
Onsite detention is provided for the development via two (2) existing stormwater
management systems located just north of the Dunkin Donuts building on Lot 101 and on the
northern portion of Lot 2. It should be noted that the existing detention basins have not been properly
maintained and it is staff’s recommendation that the basin maintenance be addressed through the
final engineering approval process. The site is also accessible to existing public utilities such as
water, sanitary sewer and storm sewer services located along IL Rte. 47 and Fountainview Drive.
OTHER CONSIDERATIONS
Aesthetics/Building Construction
Although not required as part of the Special Use process, the petitioner has provided color
elevations for the proposed Dunkin Donuts building of the development. As proposed, the primary
building material will be a medium brown EIFS siding accented with fiber cement panels in a natural
ledge stone finish. The proposed building materials are consistent with Section 8-15-5: Criteria for
Appearance of the City Code, which requires that new non-residential structures have at least fifty
percent (50%) of the total building constructed of masonry products or precast concrete incorporated
on the front façade and all other facades that abuts a street.
Building elevations have not been provided for the proposed fuel/gasoline service station and
convenience building as final tenancy has not been secured. As stated previously, building elevation
review is a function of the staff building permit review process, however, the petitioner has agreed to
provide renderings/elevations of previous fuel/gasoline service station and convenience store projects
they have completed as a source of reference for the Plan Commission. These elevations are not be
considered as final project elevations for the proposed Fountainview Plaza development and will not
be an exhibit to the final approving ordinance should the petitioner’s requests be granted.
Landscaping
The proposed Landscape Plan illustrates an acceptable and appropriate mix of plant
selections for the site with the intent of providing perimeter plantings along the parking lot areas and
base plantings around the monument signage. The petitioner has requested relief of all parkway tree
plantings along the frontage of IL Rte. 47 for visibility reasons. Per Section 8-12-2 of the Landscape
Ordinance, the site would require a total of three (3) parkway trees. Instead of granting full relief
from parkway tree installation, staff is recommending to reduce the parkway tree requirement to two
(2) trees to be planted on their private property, one located at the far north edge of the property and
the second tree in the bed of the alpine current in front of the fuel islands and canopies. The revised
plans now illustrate this change as requested by staff.
Relief was also requested with regards to parking lot island plantings and storm basin
plantings as we feel the sire plan does accommodate these plantings where possible and there are a
number of trees proposed in the area of the basin. Staff is comfortable in approving these minor
deviations to the Landscape Ordinance as alternative methods of compliance may arise due to site
conditions. Per Section 8-12-3-F-2 of the Landscape Ordinance, requests for alternative methods of
compliance shall be accompanied by sufficient explanation and justification to allow appropriate
evaluation and decision by the City Planner. Staff is supportive of the proposed alternative method of
compliance.
Signage
The petitioner is proposing four (4) distinct sign types labeled as Signs “A” through Sign “D”
on PUD Plan. Variations are proposed for the north wall sign on Lot 101 as well as the menu board
sign with regard number of signs and size area. The ground mounted sign for this lot will also require
variances for sign height. Additional variances are requested for signs on Lot 102 related to the
ground mounted free-standing sign height and signage for fuel island canopies.
The proposed ground mounted signage for the Dunkin Donuts business will adhere to the
current sign ordinance requirements of all base materials being constructed of the same brick, stone
or masonry material that the exterior walls of the principal building is constructed. Staff also
understands with the orientation of the Dunkin Donuts building additional wall signage is needed to
adequately identify the building user to southbound traffic on Il Rte. 47 before approaching the site’s
entrance. Therefore, staff is supportive of the requested sign height increase for Signs “A”, “B” and
“D”, as well as the additional wall signs as depicted by Sign “C” on the plans.
SUMMARY OF PLAN COMMISSION REQUESTS:
The requested resubdivision of the Fountainview development requires review with regards
to a Planned Unit Development (PUD) modification of the overall site plan and land use changes
from the previous approval; special use authorization for the proposed fuel/gas service station; and
Final Plat approval for the subdividing of Lot 1 into two (2) separate parcels. Below is a summary of
the petitioner’s proposal for each of the requested entitlements.
Planned Unit Development Modifications
Since the proposed new site plan and uses for the Fountainview development significantly
deviates from the approved Planned Unit Development (PUD) plan, a request for modification is
required. As mentioned previously, the original 2007 plan contemplated a bank and office uses for
the development. However, the proposed new plan will now include the conversion of Lot 1 into two
lots with commercial and retail uses which are still consistent with the underlying B-3 zoning district.
Planned Unit Developments are unique and complex versions of special uses which allows
for exceptions to the strict application of the zoning district requirements to permit the development
of a planned environment which otherwise would not have been possible under the standard
regulations. Therefore, the petitioner is seeking the specific deviations from the Zoning Code
Ordinance to accomplish the proposed redevelopment of the Fountainview property. A summary of
such deviations are listed below:
• Deviations with regards to permitted uses.
o Proposed retail building with the primary use for a 3,100 square foot
convenience store with a restaurant component as well as a secondary unit of
900 square feet in the same retail building for the operation of a café/tavern
with a video gaming establishment. The approval of the Special Use and PUD
does not give approval of the video gaming operation, as a separate gaming
license approval is needed by the State of Illinois as well as by the City’s
Clerk Office.
• Deviations with regards to yard and setback variations.
o Proposed variations to building setbacks and parking lot setbacks for both
Lots 101 and 102, as depicted on the Preliminary and Final PUD Plan.
• Deviations with regards to signage.
o Proposed variations related to the number, location, type and size of wall,
free-standing monument, window, canopy, and menu board signage.
• Deviations with regards to Landscape Ordinance.
o Proposed variations related to number, type and mix of landscaping materials
and requirements for interior and perimeter parking lot landscaped islands.
Special Use Authorization
Per Section 10-6-0 of the Zoning Ordinance, special use authorization is required for all
requested fuel/gasoline service station uses in all Business and Manufacturing districts. The intent is
to allow the City the opportunity to evaluate each request on a case-by-case basis to determine site
planning aspects such as traffic, ingress and egress, lot coverage, aesthetic and potential
environmental impact to adjoining land uses, signage and location and number accessory structures.
The proposal illustrates two (2) fueling areas on Lot 102 which has fuel islands and pumps
for passenger vehicles located to the southwest of the parcel and a diesel fuel island and canopy
located in the northeast of the parcel for commercial truck users. There are also areas indicated on the
plans were underground fuel tanks will be stored on site.
Final Plat Approval
Since the petitioner is requesting to resubdivide Lot 1 of the original three-lot development
into two (2) new separate parcels, a revised Final Plat is needed for review and approval. The
proposed new Final Plat will illustrate the new lots, Lot 101 and Lot 102, as well as the vacation of a
recorded landscape and sign easement located in the southwest corner of the proposed Lot 102.
STANDARDS FOR GRANTING A SPECIAL USE:
Section 10-4-9-F of the City’s Zoning Ordinance establishes standards for special use
requests. These standards shall apply to both the request for Special Use authorization of a
fuel/gasoline service station and Planned Unit Development (PUD) modification. 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 written responses to these standards as part of their application
(see attached) and requests inclusion of those responses into the public record at the August 12,
2015 Plan Commission meeting.
PROPOSED CONDITIONS OF SPECIAL USE:
Based upon the above review of the proposed Fountainview Plaza development, should the Plan
Commission consider favorable recommendation of the Special Use, PUD modification and Final
Plat to the City Council, staff recommends the following conditions:
1. The project is subject to final engineering review and approval based upon comments
provided in a review letter from Engineering Enterprises, Inc dated July 20, 2015.
2. Approval and issuance of a permit by the Illinois Department of Transportation for the
proposed right-in/right-out access off of IL Rte. 47.
3. Truck-turning templates and exhibits are submitted and subject to engineering review.
4. Reduction of the parkway tree requirement granted subject to two (2) trees to be planted on
the subject property, one located at the far north edge of the property and the second tree in
the bed of the alpine current in front of the fuel islands and canopies.
5. The video gaming operation, as depicted on the plans, is subject to a separate gaming license
approval by the State of Illinois as well as licensing by the City’s Clerk Office.
STAFF’S RECOMMENDATION:
Staff recommends approval of the Special Use request, PUD modification and Final Plat for
the proposed Fountainview Plaza development with conditions as stipulated in this memorandum as
the site plan is substantially consistent with City Ordinances with regards to building setbacks,
parking/parking setbacks, circulation/access roads, stormwater management/utilities, landscaping/site
lighting and signage, except where variances have been requested and deemed reasonable by staff.
Additionally, conformance with the City’s Appearance Code has been sufficiently met.
PROPOSED MOTIONS:
1. Special Use for PUD Modification
In consideration of testimony presented during a Public Hearing on August 12, 2015 and
approval of the findings of fact, the Plan Commission recommends approval to the City
Council of a request for Special Use authorization to modify an existing Planned Unit
Development (PUD) of the Fountainview Plaza development subject to the conditions
enumerated in a staff memorandum dated August 6, 2015 and illustrated in a Preliminary
and Final PUD Plan prepared by MeritCorp dated 06-26-15 and last revised 07-30-15 and
further subject to {insert any additional conditions of the Plan Commission}…
2. Special Use for Fuel/Gasoline Service Station
In consideration of testimony presented during a Public Hearing on August 12, 2015 and
approval of the findings of fact, the Plan Commission recommends approval to the City
Council of a request for Special Use authorization for a fuel/gasoline service station to be
located on the Fountainview Plaza development subject to the conditions enumerated in a
staff memorandum dated August 6, 2015 and illustrated in a Preliminary and Final PUD
Plan prepared by MeritCorp dated 06-26-15 and last revised 07-30-15 and further subject
to {insert any additional conditions of the Plan Commission}…
3. Final Plat
The Plan Commission recommends approval to the City Council of a request for Final Plat
of Subdivision of the Fountainview Plaza of Yorkville subject to final engineering approval
as enumerated in a letter from Engineering Enterprise Incorporated dated July 20, 2015
and illustrated in a plan prepared by MeritCorp dated 06-26-15 and last revised 07-30-15
and further subject to {insert any additional conditions of the Plan Commission}…
Attachments:
1. Copy of Petitioner’s Application w/exhibits.
2. Engineering Review Comments prepared by EEI, Inc. dated July 20, 2015
3. Copy of Public Notices.
LEGAL DESCRIPTION
1. LOT 1 IN FOUNTAINVIEW, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 4
AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST,
OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT
THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625
(LOT 1 PIN # 05-05-400-043)
2. THAT PART OF LOT 2 IN FOUNTAINVIEW, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER
OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH,
RANGE 7, EAST, OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS,
ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER
2011-3625, MORE PARTICULARLY DESCRIBES AS THE WESTERLY 136 FEET OF THE SOUTHERLY 48
OF SAID LOT 2.
(LOT 2 PIN# 05-05-400-044)
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-3436
PC#___________________
PROPOSED PUD ZONING APPROVALS AND DEPARTURES
FOUNTAINVIEW PLAZA OF YORKVILLE
LOT 1, LOT 2 (PART) IN FOUNTAINVIEW (PINs 05-05-400-043, -044)
YORKVILLE, KENDALL COUNTY, ILLINOIS
The Applicant, HARI DEVELOPMENT YORKVILLE LLC, respectfully submits the following
as its list of approvals under and departures from the Zoning Ordinance contemplated by the development
of the Subject Property and the use of the Adjacent Property for off-site parking:
1. Special use authorization for a planned unit development (Table 10.06.08, Sections 10-8-2(C))
with two distinct parcels and zoning lots on which will initially be located: on Lot 101, a drive
through fast food restaurant establishment with a terrace for dining; and on Lot 102, a gasoline
service station (Table 10.06.03) with outdoor displays (Section 10-3-11), a convenience store and
convenience or fast food restaurant in the north unit and a coffee shop, convenience restaurant or a
tavern-lounge offering video gaming in the south unit (Table 10.06.03), all with the variations,
departures or exceptions from the Zoning Ordinance and other ordinances of the City as noted in
Items 2-25 and depicted in the plans on file with the City.
2. Departures from Section 10-3-1(F), which requires the use of the average of the elevations at the
points of intersection of the front yard line with the side lot lines, in order to allow (a) the datum
point to be the average of the elevation at the base of the corners of the buildings (Lot 101, up to
twenty (20) feet above the datum point (excluding parapets and roof installations), and Lot 102 up
to twenty-five (25) feet above the datum point (excluding parapets and roof installations)) and (b)
the average of the elevation of the grade directly below the four corners of the fuel island canopies
(on Lot 102 up to twenty (20) feet for the larger canopy and up to twenty-nine (29) feet for the
smaller canopy).
3. Departures from Section 10-3-2, Table 10.03.01 and Table 10.07.01 as follows to permit various
yard obstructions:
2
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
a. Irrespective of Section 10-3-2(D)(1)(h) and Sections 10-17-2(A)(3) and
10-17-2(B)(1) to permit a terrace planter-box fence with west of the front building
elevation on Lot 101 which fence will be comprised of three materials;
b. Irrespective of Sections 10-3-2(D)(1)(b), 10-3-2(D)(2), and 10-3-2(D)(4) in order
to permit the gasoline pump island canopies on Lot 102 to extend into the required
front and side yards but not closer than (i) thirty (30) feet to the west front lot line,
(ii) not closer than twenty-five (25) feet to the south side lot line, and (iii) not closer
than thirty-four (34) feet to the east front lot line;
c. Irrespective of Sections 10-3-2(D)(1), 10-3-2(D)(2), and 10-3-2(D)(4) in order to
permit the principal building on Lot 102 to be situated (i) not closer than twenty
(20) feet to the south side lot line and (ii) not closer than twenty-five (25) feet to the
east front lot line;
d. Irrespective of Section 10-3-2(D)(2) in order to permit gasoline pump islands on
Lot 102 to extend (i) not closer than thirty-three (33) feet to the west front lot line
and (ii) not closer than thirty-two (32) feet to the east front lot line;
e. Irrespective of Sections 10-3-2(D)(1)(h), 10-3-2(D)(2), 10-3-5(B), 10-17-2(A)(3),
10-17-2(B)(1) and 10-17-2(F)(1) in order to permit (i) a masonry dumpster
enclosure not closer than twenty-eight (28) feet to the east front lot line of Lot 101
and (ii) a masonry dumpster enclosure not closer than six (6) feet to the east front
lot line of Lot 102, both of said dumpsters being comprised of three building
materials;
f. Irrespective of Sections 10-3-2(D)(2) and 10-16-3(C) as well as Table 10.07.01 in
order to permit a stacking lane for the drive-through establishment on Lot 101 to be
situated between east front yard line and east lot line;
g. Irrespective of Sections 10-3-2(D)(2) and 10-16-3(C) as well as Table 10.07.01 in
order to permit a parking area with a zero (0) foot setback along the east front lot
line of Lot 102;
h. Irrespective of Table 10.07.01 and Table 10.16.01 in order to permit permissive but
not required off-site parking for Lot 101 and Lot 102 on Lot 2 of Fountainview
Subdivision that are no closer to the west front lot line of said Lot 2 than eighteen
3
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
(18) feet and no closer to the south side lot line of said Lot 2 than eleven (11) feet,
with a drive aisle width that spans Lot 2 and the northerly portion of
currently-developed Lot 3;
i. Irrespective of Sections 10-3-2(E) and 10-16-3(D) in order to permit landscaping
depicted in the Landscape Plan for the southeast and southwest corners of Lot 102
within those triangles with 40-foot legs extending from and along the relevant
street lines at the relevant intersections;
4. Departures from Section 10-3-2(D) and Table 10.07.01 in order to permit required parking
on Lot 101 not closer than twelve (12) feet to the south side lot line and not closer than
twenty-four (24) feet to the east front lot line with a drive aisle shared between Lot 101 and
Lot 102.
5. Departures from Section 10-3-5(B) in order to permit a separation of not less than five (5)
feet between the north wall of the principal building on Lot 102 and the diesel gasoline
pump island canopy and in order to permit the larger gasoline pump island canopy to be
situated closer to Bridge Street than the principal building on Lot 102;
6. Departures from Sections 10-3-11(A), 10-3-11(B), and 10-3-11(J) in order to permit (i) the
outdoor display and sale of non-perishable merchandise offered by the gasoline service
station convenience store on the west building face of Lot 102 even if such items may also
be offered for sale indoors, (ii) the installation of a vendor box for movie rentals on the
west building face of the building on Lot 102, (iii) secured storage of tanks/canisters for
carbon dioxide and propane in the east front yard of Lot 102 and (iv) to allow propane
display and storage and ice display and storage on the west building elevation on Lot 102.
7. Departures from Chapter 7, Table 10.07.01 and Section 10-12D-3 in order to allow:
a. Lot coverage on Lot 102 up to eighty-seven percent (87%);
b. An east front building setback of twenty (20) feet from the street line;
c. An east parking setback for Lot 102 of zero (0) feet from the street line;
d. A south minimum side building setback for Lot 102 of twenty (20) feet from the
south lot line;
e. A south parking setback for Lot 102 of five (5) feet from the property line (varies
with interpretation of Table 10.07.01); and
4
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
f. A west parking setback for Lot 102 of five (5) feet from the property line.
8. Departures from Section 10-16-2(D) in order to permit (a) required parking facilities,
specifically, drive aisles, for Lot 101 to be situated on Lot 102 and for Lot 102 to be
situated on Lot 101, (b) voluntary parking facilities for Lots 101 and 102 to be situated on
Lot 2 and also, with respect to the drive aisle, on Lot 3 in Fountainview Subdivision.
9. Departures from Section 10-16-3(D) in order to permit, as depicted in the plans on file, (i)
the east and west driveways for Lot 101 and Lot 102 to be situated less than 200 feet from
the nearest intersection, (ii) width of the driveways for Lot 101 and Lot 102 in excess of 36
feet, and (iii) driveway aprons that widen the width of the driveways for Lot 101 and Lot
102 by more than five (5) feet.
10. Departures from Sections 10-16-5 and 10-16-8(F) in order to permit a voluntary loading
zone to be striped in the drive through establishment’s bypass lane on Lot 101 and to
permit a bypass lane that is as narrow as eleven (11) feet along the east street line of Lot
101.
11. Departures from Section 10-20-4 and Section 10-20-9(A)(1) in order to (a) permit the Lot
101 occupant to have a business sign on the shared ground mounted sign situated in the
southwest corner of Lot 102 and to allow a two ground mounted signs serving the Lot 101
occupancy (situated on Lot 101 and on Lot 102) and (b) permit the Lot 2 occupant to
occupant to have a business sign on the shared ground mounted sign situated in the
southwest corner of Lot 102 and to allow a two ground mounted signs serving the Lot 2
occupancy (situated on Lot 2 and on Lot 102).
12. Departures from Section 10-20-5 in order to exempt the menu board sign for the drive
through establishment on Lot 101 up to an area of fifty (50) square feet.
13. Departures from Section 10-20-6(C) in order to permit a freestanding, ground mounted
sign on Lot 102 at a location not less than 1.5 feet from the west line of the driveway.
14. Departures from Section 10-20-6(D) in order to permit neon tubing signs in (a) one
storefront window on the east and west faces of the south unit in the principal building on
Lot 102 and (b) four storefront windows on the east face of the north unit in the principal
building on Lot 102.
5
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
15. Departures from Section 10-20-9(A)(1) and Table 10.20.01 in order to permit (a) a
freestanding, ground mounted sign not to exceed a height of twelve (12) feet on Lot 101
with an area that is not greater than 38 square feet per sign face, (b) a freestanding, ground
mounted sign on Lot 102 with an area that is not greater than 130 square feet per sign face,
at a height of not greater than 17.5 feet above the current Bridge Street centerline elevation
(16 feet above the grade at the base of the sign), and with two electronic message display
panels per sign face that do not, in aggregate, exceed 48 square feet per sign face or exist at
a height greater than sixteen (16) feet above the current Bridge Street centerline elevation.
16. Departures from Section 10-20-9(A)(2) in order to permit (a) a building mounted business
sign on the north elevation of the principal building on Lot 101 according to the provisions
of Section 10-20-9(A)(2)(a)(i) and (b) building mounted signs not to exceed 30 square feet
in area on the westerly canopy and the principal building on Lot 102 that may exceed 75%
of the width of the building or structural façade to which they are attached.
17. Departures from Section 8-12-2(A)(2)(6)(7) in order to reduce the number of parkway
trees from three (3) to zero (0) while proceeding with a proposal that contemplates City
determination of the placement of two trees at the southeast corner of the principal building
on Lot 1A near the intersection of Fountainview with the private drive and a the stop sign.
18. Departures from Section 8-12-2(C)(1)(2) in order to avoid interior and perimeter parking
lot landscaping requirements that require certain shade trees and shrubs and a 30-foot
buffer yard except to the extent reflected in the plans.
19. Departures from Section 8-12-2(D)(2) in order to allow fewer lot trees and shrubs at certain
locations within the resulting.
20. Departures from Section 8-12-2(F) in order to allow the existing stormwater storage basin
without a buffer and to allow landscaping as previously approved notwithstanding the
location of the high water mark.
21. Departures from Section 8-12-3(D)(E) in order to allow substitutions and mixtures of
species according to the Landscape Plan.
22. Departures from Section 8-12-3(I) in order to allow occupancy of the developments as
landscaping proceeds to completion and according to determinations by planning staff.
6
AUTHORIZATIONS AND DEPARTURES
Fountainview Plaza of Yorkville
(PINs 05-05-400-043, -044)
Yorkville, Kendall County, Illinois
23. Applicant seeks to vacate easement rights pertaining to landscaping and signage and to
utilities.
24. Applicant further seeks such other variations, departures and exceptions not identified
above in order to complete development according to the plans on file with the City.
25. Lastly, Applicant seeks such approvals under the Zoning Ordinance, Subdivision Control
Ordinance, Landscape Ordinance, Comprehensive Plan, and Design Guidelines as
necessary to accomplish the development of Lot 101 for a Dunkin Donuts fast food
restaurant with a drive through establishment and Lot 102 with a reasonable envelope for
development of a gasoline service station, convenience store with liquor sales, a fast food
or convenience food business and a outdoor sales and displays as noted above as well as a
coffee shop, restaurant or tavern-lounge with video gaming and the Lot 102 development
made the subject of staff review to insure compliance with the envelope for development
created by the various entitling ordinances.
Dated: June 30, 2015
Respectfully submitted,
HARI DEVELOPMENT YORKVILLE LLC
_________________________________
Mark W. Daniel
DANIEL LAW OFFICE, P.C.
17W733 Butterfield Road, Suite F
Oakbrook Terrace, IL 60181
(630) 833-3311
mark@thedaniellawoffice.com
FOUNTAINVIEW DRIVE IL ROUTE 47
PRIVATE DRIVE
PROPOSED LOT 101PROPOSEDLOT 102FOUNTAINVIEW DRIVE IL ROUTE 47
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FOUNTAINVIEW PLAZA OF YORKVILLE
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GRAPHIC SCALE
COPYRIGHT C 2015 eritCorpM G R O U P , L L C
PROJECT NO. M15012
DRAWN BY:JDS
CHECKED BY:JPM
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FINAL PLAT OF SUBDIVISION
OF
fountainview plaza of yorkville
BEING A RESUBDIVISION OF LOT 1 IN FOUNTAINVIEW, BEING A RESUBDIVISION OF THE SOUTHWEST
QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH,
RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE
PLAT THEREOF RECORDED FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625.
PIN # 05-05-400-043
EXISTING EASEMENT LINE
PROPERTY BOUNDARY
OFFSITE PROPERTY LINE
LEGEND
PROPOSED LOT LINE
ABBREVIATIONS
SURVEYOR MeritCorp Group, LLC
50 N. BROCKWAY, SUITE 3-9
PALATINE , ILLINOIS 60 067
Ph.(847)496.4170
JAMES P. MEIER
ILLINOIS PROFESSIONAL LAND SURVEYOR
#035.003295
REGISTRATION EXPIRES NOV. 30, 2016
OWNER/SUBDIVIDER HARI DEVELOPMENT YORKVILLE, LLC
825 N. CASS AVE.
WESTMONT, ILLINOIS 60559
SURVEYOR'S NOTES
1. ALL MEASUREMENTS AND DISTANCES ARE SHOWN IN FEET AND
DECIMAL PARTS THEREOF.
2. DIMENSIONS ALONG CURVED LINES ARE ARC DIMENSIONS.
3. BASIS OF BEARINGS: THE BEARINGS SHOWN ON THE PLAT MAP
ARE BASED ON THE FINAL PLAT OF SUBDIVISION OF FOUNTAINVIEW,
PER DOC NO 2011-3625.
4. ALL EASEMENTS ARE EXISTING UNLESS OTHERWISE NOTED.
5. UNLESS OTHERWISE SHOWN, 1/2" x 24" IRON PIPES WERE SET AT
ALL LOT CORNERS AND POINTS OF CURVATURE OF SUBDIVISION.
06
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PUBLIC UTILITY & DRAINAGE EASEMENT PROVISIONS
A PERMANENT NON-EXCLUSIVE EASEMENT IS HEREBY GRANTED TO KENDALL COUNTY AND TO
ALL PUBLIC UTILITY COMPANIES OF ANY KIND OPERATING UNDER FRANCHISE GRANTING THEM
EASEMENT RIGHTS FROM SAID COUNTY INCLUDING BUT NOT LIMITED TO, A T & T AND NICOR AND
TO THEIR SUCCESSORS AND ASSIGNS, IN, UPON, ACROSS, OVER, UNDER, AND THROUGH THE
AREAS SHOWN BY DASHED LINES AND LABELED "PUBLIC UTILITY & DRAINAGE EASEMENT" ON THE
PLAT OF SUBDIVISION HEREON DRAWN FOR THE PURPOSE OF INSTALLING, CONSTRUCTING,
INSPECTING, OPERATING, REPLACING, RENEWING, ALTERING, ENLARGING, REMOVING,
REPAIRING, CLEANING, AND MAINTAINING UNDERGROUND ELECTRICAL, CABLE TELEVISION,
COMMUNICATION, GAS, TELEPHONE OR OTHER UTILITY LINES OR APPURTENANCES, SANITARY
AND STORM SEWERS, DRAINAGE WAYS, STORM WATER DETENTION AND RETENTION, WATER
MAINS AND ANY AND ALL MANHOLES, HYDRANTS, PIPES, CONNECTIONS, CATCH BASINS, BUFFALO
BOXES AND WITHOUT LIMITATION, SUCH OTHER INSTALLATIONS AS MAY BE REQUIRED TO
FURNISH PUBLIC UTILITY SERVICE AND TO FACILITATE DRAINAGE TO ADJACENT AREAS
TOGETHER WITH THE RIGHT OF ACCESS ACROSS THE REAL ESTATE PLATTED HEREIN FOR THE
NECESSARY PERSONNEL AND EQUIPMENT TO MAKE ANY OR ALL OF THE ABOVE WORK (HEREIN
COLLECTIVELY REFERRED TO AS "GRANTEES"). THE RIGHT IS ALSO HEREBY GRANTED TO SAID
GRANTEES TO CUT DOWN, TRIM, OR REMOVE ANY TREES, SHRUBS, OR OTHER PLANTS THAT
INTERFERE WITH THE OPERATION OF OR ACCESS TO SAID SEWERS, OR, WITHOUT LIMITATION,
UTILITY INSTALLATIONS IN, ON, UPON OR ACROSS, UNDER, OR THROUGH SAID EASEMENTS. IN
THE EVENT UTILITY MAINTENANCE IS PERFORMED WITHIN THE UTILITY EASEMENT, THE COUNTY
WILL HAVE NO OBLIGATION WITH RESPECT TO SURFACE RESTORATION INCLUDING, BUT NOT
LIMITED TO, THE RESTORATION, REPAIR, OR REPLACEMENT OF ANY LANDSCAPING PROVIDED,
HOWEVER, THE GRANTEES SHALL BE OBLIGATED FOLLOWING ANY SUCH WORK, TO BACKFILL
AND MOUND SO AS TO RETAIN SUITABLE DRAINAGE, REMOVE DEBRIS, AND LEAVE THE AREA IN
GENERALLY CLEAN AND WORKMANLIKE CONDITION. NO PERMANENT BUILDINGS OR TREES
SHALL BE PLACED ON SAID EASEMENTS, BUT THE EASEMENT AREAS MAY BE USED FOR
GARDENS, SHRUBS, LANDSCAPING, PAVING, FENCES, SIDEWALKS, CURBING, AND OTHER
PURPOSES THAT DO NOT INTERFERE WITH THE AFORESAID USES AND RIGHTS AND ARE FULLY
PERMITTED UNDER COUNTY ORDINANCES. WHERE AN EASEMENT IS USED FOR STORM OR
SANITARY SEWERS, OTHER UTILITY INSTALLATIONS SHALL BE SUBJECT TO THE PRIOR APPROVAL
OF SAID COUNTY SO AS NOT TO INTERFERE WITH THE GRAVITY FLOW IN SAID SEWER OR
SEWERS. UTILITY INSTALLATIONS, OTHER THAN THOSE MANAGED BY THE COUNTY SHALL BE
SUBJECT TO THE APPROVAL OF THE COUNTY AS TO DESIGN AND LOCATION, AND ALL OTHER
INSTALLATIONS ARE SUBJECT TO THE ORDINANCES OF THE COUNTY.
STORMWATER MANAGEMENT EASEMENT PROVISIONS
PERPETUAL PUBLIC STORMWATER AND DRAINAGE EASEMENTS ARE HEREBYGRANTED, OVER,
21$&5266$1'81'(5$//2)7+($5($60$5.('³67250:$7(50$1$*(0(17($6(0(17´
OR (S.M.E.) ON THE PLAT FOR THE RIGHT PRIVILEGE AND AUTHORITY FOR THE PURPOSES OF:
1. SURVEYING, CONSTRUCTING, RECONSTRUCTING, REPAIRING, INSPECTING, MAINTAINING, AND
OPERATING ALL STORMWATER MANAGEMENT FACILITIES, STRUCTURES, GRADES, AND SLOPES
ON THE STORMWATER MANAGEMENT EASEMENT AREAS.
2. ENTERING ONTO SAID STORMWATER MANAGEMENT EASEMENT AREAS OR ANY ADJOINING LOT
TO PERFORM THE WORK SPECIFIED IN PARAGRAPH 1 TOGETHER WITH THE RIGHT OF ACCESS
FOR NECESSARY PERSONNEL AND EQUIPMENT TO DO
ANY OF THE REQUIRED WORK.
3. REQUIRED MAINTENANCE OF ALL LANDSCAPING IN ACCORDANCE WITH THE APPROVED
LANDSCAPE AND LANDSCAPE MAINTENANCE PLAN AND OTHER REQUIRED MAINTENANCE
ACTIVITIES INCLUDING BUT NOT LIMITED TO THE CONDUCT OF CONTROLLED BURNS, TRIMMING
OR REMOVING TREES, SHRUBS, PLANTS, MULCH, LANDSCAPING STRUCTURES, RETAINING
WALLS OR ANY OTHER MATERIALS ON SAID STORMWATER MANAGEMENT EASEMENT AREAS
WHICH INTERFERE WITH THE OPERATIONS OF THE STORMWATER FUNCTIONS.
OWNER AND DEVELOPER SHALL HAVE FULL RESPONSIBILITY FOR THE MAINTENANCE OF THE
STORMWATER MANAGEMENT EASEMENT AREAS AS SHOWN ON PLAT OR DESIGNATED AS LOTS
_________________ UNTIL SUCH TIME (IF ANY) AS SAID EASEMENT AREAS ARE CONVEYED TO A
3523(57<2:1(56$662&,$7,21 7+(³$662&,$7,21´ 7+(&2817<2).(1'$//,76$*(176
SUCCESSORS AND ASSIGNS, ARE HEREBY GRANTED RIGHTS OF ENFORCEMENT TO INSURE
THAT THE OBLIGATIONS AS SPECIFIED IN ITEMS 1, 2 & 3 ABOVE ARE FULLY COMPLIED WITH.
THE OWNER AND DEVELOPER OR, UPON CONVEYANCE TO THE ASSOCIATION, THE ASSOCIATION
SHALL HAVE PERPETUAL DUTY AND OBLIGATION TO PERFORM OR HAVE PERFORMED ALL
MAINTENANCE ON SAID EASEMENT AREAS AND ALL MAINTENANCE OF SAID STORMWATER
MANAGEMENT EASEMENT AREAS SO THAT THEY FUNCTION AS HYDRAULICALLY AND
HYDROLOGICALLY PLANNED IN ACCORDANCE WITH ALL APPLICABLE STATUES, ORDINANCES,
RULES AND REGULATIONS.
THE OWNER AND DEVELOPER OR, UPON CONVEYANCE TO THE ASSOCIATION, THE ASSOCIATION,
THEIR AGENTS OR CONTRACTORS, SHALL NOT DESTROY OR MODIFY THE GRADES OR SLOPES
WITHOUT THE PRIOR WRITTEN APPROVAL OF KENDALL COUNTY OR OTHER GOVERNMENTAL
ENTITY HAVING JURISDICTION OVER SAID DRAINAGE OR STORMWATER FACILITIES.NTED, OVER,
21$&5266$1'81'(5$//2)7+($5($60$5.('³7+($662&,$7,216+$//+$9(7+(
PERPETUAL DUTY AND OBLIGATION TO ASSESS ITS MEMBERS ON NO LESS THAN AN ANNUAL
BASIS FOR A
PRORATED SHARE OF THE COST TO MAINTAIN THE STORMWATER MANAGEMENT EASEMENT
AREAS CONVEYED TO THE ASSOCIATION AS WELL AS FOR PRORATED PORTION OF THE REAL
ESTATE PROPERTY TAXES TO BECOME DUE AND PAYBLE ON SUCH STORMWATER MANAGEMENT
EASEMENT AREAS CONVEYED TO THE ASSOCIATION.
NO PERMANENT BUILDINGS, STRUCTURES OR UTILITY FACILITIES SHALL BE CONSTRUCTED ON
SAID STORMWATER MANAGEMENT EASEMENT AREAS,
BY THE OWNER, DEVELOPER, ASSOCIATION, OR ANY OF THEIR SUCCESSORS IN INTEREST, BUT
SAID EASEMENT AREAS MAY BE USED FOR OTHER PURPOSES, INCLUDING PEDESTRIAN PATHS,
THAT DO NOT NOW OR LATER INTERFERE OR CONFLICT WITH THE AFORESAID USES OR RIGHTS
OR IN ANY WAY AFFECT OR IMPEDE THE STORAGE OR FREE FLOW OR TREATMENT OF
STORMWATER ON AND OVER SAID EASEMENT AREAS.
IF THE OWNER AND DEVELOPER OR THE ASSOCIATION (AS APPLICABLE) FAILS TO MAINTAIN THE
STORMWATER MANAGEMENT EASEMENT AREAS AS REQUIRED, THE COUNTY OF KENDALL OR
OTHER GOVERNMENTAL ENTITY HAVING JURISDICTION OVER DRAINAGE OR STORMWATER
FACILITIES ON SAID EASEMENT AREAS SHALL GIVE WRITTEN NOTICE TO THE OWNER AND
DEVELOPER OR ASSOCIATION (AS APPLICABLE) TO REPAIR OR OTHERWISE MAINTAIN THE
STORMWATER MANAGEMENT EASEMENT AREAS WITH A REASONABLE PERIOD TO COMPLETE
THE WORK. IF THE OWNER AND DEVELOPER OR ASSOCIATION (AS APPLICABLE) FAILS TO MAKE
NECESSARY REPAIRS OR TO DO NECESSARY MAINTENANCE IN A TIMELY MANNER, THEN THE
COUNTY OF KENDALL, ITS AGENTS OR CONTRACTORS, OR OTHER GOVERNMENTAL ENTITY
HAVING SUCH JURISDICTION SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO ENTER THE
PROPERTY TO PERFORM MAINTENANCE, REPAIR, CONSTRUCTION OR RECONSTRUCTION
NECESSARY TO MAINTAIN STORMWATER STORAGE, TREATMENT, OR FLOW ON SAID EASEMENTS.
THE OWNER AND DEVELOPER, FOR STORMWATER MANAGEMENT EASEMENT AREAS OWNED BY
IT, AND THE INDIVIDUAL OWNERS OF THE LOTS CREATED BY THE FINAL PLAT OF SUBDIVISION
FOR STORMWATER MANAGEMENT EASEMENT AREAS OWNED BY THE ASSOCIATION, OR THEIR
HEIRS, LEGATEES, ASSIGNS, OR SUCCESSORS IN INTEREST, SHALL BE JOINTLY AND SEVERALLY
LIABLE FOR ALL COSTS INCURRED BY THE COUNTY OF KENDALL OR OTHER GOVERNMENTAL
ENTITY HAVING JURISDICTION OVER DRAINAGE OR STORMWATER FACILITIES ON SAID
EASEMENT AREAS IN PERFORMING SUCH WORK, PLUS AN ADDITIONAL TEN PERCENT (10%) AND
$1<5($621$%/($77251(<¶6)((6,1&/8',1*7+(&26762),1+286(&2816(/
CONNECTED WITH THE COLLECTION OF SUCH COSTS.
TO INSURE THE COUNTY OF KENDALL IS REIMBURSED FOR ANY AND ALL COSTS ASSOCIATED
WITH THE MAINTENANCE OF THE STORMWATER MANAGEMENT EASEMENT AREAS IN THE EVENT
7+(2:1(5$1''(9(/23(5257+(3523(57<2:1(5¶6$662&,$7,21)$,/720$,17$,1$1'
REPAIR THE STORMWATER MANAGEMENT AREAS AS REQUIRED, A BACK-UP SPECIAL SERVICE
AREA (SSA) SHALL BEEN ESTABLISHED AGAINST ANY OR ALL OF THE LOTS CREATED BY THE
PLAT.
THE PROVISIONS OF THESE COVENANTS AND DECLARATIONS RELATING TO STORMWATER
OBLIGATIONS SHALL NOT BE AMENDED, MODIFIED, OR ABROGATED WITHOUT THE PRIOR
WRITTEN APPROVAL OF THE COUNTY OF KENDALL OR OTHER GOVERNMENTAL ENTITY HAVING
JURISDICTION OVER DRAINAGE OR STORMWATER FACILITIES ON THE STORMWATER
MANAGEMENT EASEMENT AREAS.
ALL OF THE ABOVE STATED OBLIGATIONS SHALL ALSO BE CLEARLY REFERENCED IN ANY
COVENANTS, CONDITIONS, DECLARATIONS AND RESTRICTIONS RECORDED AGAINST ANY OF THE
LOTS CREATED BY THIS FINAL PLAT OF SUBDIVISION, AND IN ANY DEEDS OR TITLE
DOCUMENTATION REQUIRED FOR THE CONVEYANCE OF ANY OF SUCH INDIVIDUAL LOTS.
07
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ACCESS EASEMENT PROVISIONS
A NON-EXCLUSIVE EASEMENT FOR ACCESS IS HEREBY RESERVED AND GRANTED TO ALL
PRESENT AND FUTURE OWNERS OF LOTS 101 AND 102. THEIR MORTGAGEES, LESSEES,
INVITEES, SUCCESSORS AND ASSIGNS, AND THE ADJACENT PROPERTY TO THE NORTH.
OVER THE PROPERTY WITHIN THE STRIPS OF LAND DESIGNATED AS ACCESS EASEMENT
ON LOTS 101 AND 102.
KENDALL COUNTY RIGHT TO FARM STATEMENT
NOTICE:
KENDALL COUNTY HAS A LONG, RICH TRADITION IN AGRICULTURE AND RESPECTS
THE ROLE THAT FARMING CONTINUES TO PLAY IN SHAPING THE ECONOMIC
VIABILITY OF THE COUNTY. PROPERTY THAT SUPPORTS THIS INDUSTRY IS
INDICATED BY A ZONING INDICATOR-A-1 OR AG SPECIAL USE. ANYONE
CONSTRUCTING A RESIDENCE OR FACILITY NEAR THIS ZONING SHOULD BE
AWARE THAT NORMAL AGRICULTURAL PRACTICES MAY RESULT IN OCCASIONAL
SMELLS, DUST, SIGHTS, NOISE, AND UNIQUE HOURS OF OPERATION THAT ARE
NOT TYPICAL IN OTHER ZONING AREAS .
PROPOSED EASEMENT LINE
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GRAPHIC SCALE
COPYRIGHT C 2015 eritCorpM G R O U P , L L C
PROJECT NO. M15012
DRAWN BY:JDS
CHECKED BY:JPM
SHEET NO.2/2
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FINAL PLAT OF SUBDIVISION
OF
fountainview plaza of yorkville
BEING A RESUBDIVISION OF LOT 1 IN FOUNTAINVIEW, BEING A RESUBDIVISION OF THE SOUTHWEST QUARTER OF
SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 24, 2011
AS DOCUMENT NUMBER 2011-3625.
PIN # 05-05-400-043
SURVEYOR'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
THIS IS TO CERTIFY THAT I, ___________________________________, ILLINOIS
PROFESSIONAL LAND SURVEYOR NO. 35-3295, AT THE REQUEST OF THE
OWNER(S) THEREOF, HAVE SURVEYED, SUBDIVIDED AND PLATTED THE
FOLLOWING DESCRIBED PROPERTY:
LOT 1 IN FOUNTAINVIEW, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER
OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5,
TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED
FEBRUARY 24, 2011 AS DOCUMENT NUMBER 2011-3625.
I FURTHER CERTIFY THAT THE PLAT HEREON DRAWN IS A CORRECT AND
ACCURATE REPRESENTATION OF SAID SURVEY AND SUBDIVISION. ALL
DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF.
I FURTHER CERTIFY THAT NO PART OF THE ABOVE DESCRIBED PROPERTY IS
LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON FIRM 17093C0125G,
DATED, FEBRUARY 4, 2009. ALL OF THE PROPERTY IS LOCATED IN ZONE C,
AREAS OF MINIMAL FLOODING.
GIVEN UNDER MY HAND AND SEAL THIS _______ DAY OF _______________, 2015.
_______________________________________________
JAMES P. MEIER, PE, PLS, CFM
ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3295
CURRENT LICENSE EXPIRES NOVEMBER 30, 2016
035-3295
SURFACE WATER STATEMENT
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, JAMES P. MEIER, A PROFESSIONAL ENGINEER DULY LICENSED UNDER THE
LAWS OF THE STATE OF ILLINOIS, DO HEREBY CERTIFY THAT,TO THE BEST OF MY
KNOWLEDGE AND BELIEF, ____________________ SUBDIVISION HAS BEEN
DESIGNED SO THAT THERE IS NO SUBSTANTIAL CHANGE IN THE DRAINAGE OF
SURFACE WATER BY THE CONSTRUCTION OF THIS SUBDIVISION OR, IF CHANGED,
ADEQUATE PROVISION HAS BEEN MADE SO THAT THE ADJOINING LAND WILL NOT
BE DAMAGED.
DATED THIS _________ DAY OF ____________________, A.D., 20_________.
____________________________________________________________
JAMES P. MEIER OWNER OR ATTORNEY FOR OWNER
ILLINOIS REGISTERED
PROFESSIONAL ENGINEER
____________________________
STATE REGISTRATION NUMBER
____________________________
REGISTRATION EXPIRATION DATE
COUNTY CLERK CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
THIS IS TO CERTIFY THAT I, _______________________________ COUNTY CLERK FOR
THE COUNTY AFORESAID, DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT
GENERAL TAXES, NO UNPAID CURRENT TAXES, NO UNPAID FORFEITURE TAXES AND
NO REDEEMABLE TAX SALES AGAINST ANY OF THE REAL ESTATE DESCRIBED IN THE
FOREGOING CERTIFICATES.
DATED THIS _____DAY OF _________________________ 20____.
______________________________
COUNTY CLERK
CITY PLAN COMMISSION CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED BY THE _________________ PLAN COMMISSION, THIS _____ DAY OF
_______________, 20___.
___________________________________
CHAIRMAN
PLAT OFFICER CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED THIS _____DAY OF _________________, 20____.
____________________________
PLAT OFFICER
COUNTY HEALTH DEPARTMENT CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
ISSUANCE OF BUILDING PERMITS SHALL BE SUBJECT TO THE ISSUANCE OF A
GENERAL PERMIT TO CONSTRUCT, AND SUBSEQUENT APPROVAL TO OPERATE, A
COMMUNITY WASTEWATER TREATMENT SYSTEM CAPABLE OF MEETING OR
EXCEEDING ALL APPLICABLE STATE AND LOCAL RULES AND REGULATIONS; AND
ADHERENCE TO ALL CONDITIONS SET FORTH IN THE EXPERIMENTAL USE
AUTHORIZATION FOR A COMMUNITY WASTEWATER TREATMENT SYSTEM, A COPY OF
WHICH HAS BEEN RECORDED WITH THE FINAL PLAT.
APPROVED THIS _________ DAY OF ___________________________20___.
______________________________________
KENDALL COUNTY HEALTH DEPARTMENT
NOTICE OF FEES
ALL LOTS AS DELINEATED IN THE ABOVE PLAT ARE SUBJECT TO PAYMENTS OF FEES
PURSUANT TO THE LAND CASH ORDINANCE OF KENDALL COUNTY AS
ADMINISTERED BY THE KENDALL COUNTY PLANNING, BUILDING & ZONING OFFICE,
AND IS A COVENANT RUNNING WITH THE LAND. A RECORDABLE RELEASE WILL BE
ISSUED UPON PAYMENT OF SUCH FEES.
COUNTY HEALTH DEPARTMENT CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
ISSUANCE OF BUILDING PERMITS SHALL BE SUBJECT TO THE ISSUANCE OF A
GENERAL PERMIT TO CONSTRUCT, AND SUBSEQUENT APPROVAL TO OPERATE, A
COMMUNITY WASTEWATER TREATMENT SYSTEM CAPABLE OF MEETING OR
EXCEEDING ALL APPLICABLE STATE AND LOCAL RULES AND REGULATIONS; AND
ADHERENCE TO ALL CONDITIONS SET FORTH IN THE EXPERIMENTAL USE
AUTHORIZATION FOR A COMMUNITY WASTEWATER TREATMENT SYSTEM, A COPY OF
WHICH HAS BEEN RECORDED WITH THE FINAL PLAT.
APPROVED THIS _________ DAY OF ___________________________20___.
______________________________________
KENDALL COUNTY HEALTH DEPARTMENT
CITY ADMINISTRATOR CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED AND ACCEPTED BY THE CITY ADMINISTRATOR OF THE UNITED CITY OF
YORKVILLE, ILLINOIS, THIS _________ DAY OF ___________________________20___.
______________________________________
CITY ADMINISTRATOR
CITY CLERK'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY
OF YORKVILLE, ILLINOIS, BY ORDINANCE NO. _______________ AT A MEETING HELD
THIS _________ DAY OF ___________________________20___.
______________________________________
CITY CLERK
CITY ENGINEER'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
I, ____________________________, CITY ENGINEER FOR THE UNITED CITY OF
YORKVILLE, DO HEREBY CERTIFY THAT THE REQUIRED IMPROVEMENTS HAVE BEEN
INSTALLED OR THE REQUIRED GUARANTEE COLLATERAL HAS BEEN POSTED FOR
THE COMPLETION OF ALL REQUIRED IMPROVEMENTS.
DATED AT YORKVILLE, ILLINOIS THIS _________ DAY OF ____________________20___.
______________________________________
CITY ENGINEER
06
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OWNERSHIP CERTIFICATE
STATE OF ____________ )
) SS
COUNTY OF __________ )
THIS IS TO CERTIFY THAT THE UNDERSIGNED IS (ARE) THE OWNER(S) OF THE
PROPERTY DESCRIBED ON THE ATTACHED PLAT AND HAS (HAVE) CAUSED THE
SAME TO BE SURVEYED, SUBDIVIDED AND PLATTED AS SHOWN BY THE PLAT FOR
THE USES AND PURPOSES AS INDICATED THEREON, AND DOES HEREBY
ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE THEREON
INDICATED.
THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON
THIS PLAT FOR THOROUGHFARES, STREETS, ALLEYS AND PUBLIC SERVICES; AND
HEREBY ALSO RESERVES FOR ANY ELECTRIC, GAS, TELEPHONE, CABLE TV OR
OTHER TELECOMMUNICATIONS COMPANY UNDER FRANCHISE AGREEMENT WITH
THE UNITED CITY OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS, THE
EASEMENT PROVISIONS WHICH ARE STATED HEREON.
THE UNDERSIGNED FURTHER CERTIFIES THAT ALL OF THE LAND INCLUDED IN THIS
PLAT LIES WITHIN THE BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL
DISTRICT 115.
WITNESS MY (OUR) HAND AND SEAL AT , ,
THIS _________ DAY OF ____________________, 20___.
__________________________________ _______________________________
OWNER (PRINTED NAME) OWNER (PRINTED NAME)
NOTARY CERTIFICATE
STATE OF ________ __ )
) SS
COUNTY OF _____ ___ )
I, , NOTARY PUBLIC IN AND FOR THE STATE
AND COUNTY AFORESAID, HEREBY CERTIFY THAT ________________________
AND ______________________________, PERSONALLY KNOW TO ME TO BE THE SAME
PERSON(S) WHOSE NAME(S) IS(ARE) SUBSCRIBED TO THE FOREGOING
INSTRUMENT, APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE
EXECUTION OF THE ANNEXED PLAT AND ACCOMPANYING INSTRUMENTS FOR THE
USES AND PURPOSES THEREIN SET FORTH AS HIS (HER)(THEIR) FREE AND
VOLUNTARY ACT.
GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _____________ DAY OF
________________________, 20 _____.
_______________________________________
NOTARY PUBLIC
CITY COUNCIL CERTIFICATE
STATE OF ILLINOIS)
) SS
COUNTY OF KENDALL)
APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE
UNITED CITY OF YORKVILLE, ILLINOIS, THIS _______DAY OF___________, 20___.
______________________________________________
MAYOR
RECORDER'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL)
THIS INSTRUMENT NO. _________________________ WAS FILED FOR RECORD
IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS, ON THIS _______
DAY OF ____________________, 20____, AT ______________ O'CLOCK ___.M.
___________________________________________
KENDALL COUNTY RECORDER
IDOT CERTIFICATE
THIS PLAT HAS BEEN APPROVED BY THE ILLINOIS DEPARTMENT OF
TRANSPORTATION WITH RESPECT TO ROADWAY ACCESS PURSUANT TO
PARAGRAPH 2 OF "AN ACT TO REVISE THE LAW IN RELATION TO PLATS", AS
AMENDED. A PLAN THAT MEETS THE REQUIREMENTS CONTAINED IN THE
DEPARTMENT'S "POLICY ON PERMITS FOR ACCESS DRIVEWAYS TO STATE
HIGHWAYS" WILL BE REQUIRED BY THE DEPARTMENT.
_________________________________________
DISTRICT ENGINEER
CITY PLAN COMMISSION CERTIFICATE
STATE OF ILLINOIS)
) SS
COUNTY OF KENDALL)
APPROVED AND ACCEPTED BY THE PLAN COMMISSION OF THE
UNITED CITY OF YORKVILLE, ILLINOIS, THIS _______DAY OF___________, 20___.
______________________________________________
CHAIRMAN
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5
DUNKIN DONUTS & FUEL STATION
FOUNTAINVIEW PLAZA OF YORKVILLE
YORKVILLE, ILLINOIS
LANDSCAPE PLAN
07-30-2015 REVISED PER CITY OF YORKVILLE
SHAW MEDIA
PO BOX 250
CRYSTAL LAKE IL 60039-0250
ORDER CONFIRMATION (CONTINUED)
Salesperson: SHELLY BISSELL Printed at 07/21/15 09:00 by sbiss
-----------------------------------------------------------------------------
Acct #: 10098501 Ad #: 1090728 Status: N
PUBLIC NOTICE
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2015-11
NOTICE IS HEREBY GIVEN THAT
Hari Development Yorkville, LLC,
petitioner, has filed an application
with the United City of Yorkville,
Kendall County, Illinois, requesting
special use permit approvals for a
fuel station and authorization for a
Planned Unit Development. The
purpose of the request is to resubdi-
vide an existing lot within the Foun-
tainview Subdivision to allow for a
proposed new drive-through retail
building with outdoor seating and
a mixed use retail building intended
to include a gasoline/fuel service
station with a convenience store
and restaurant in a single unit, as
well as a coffee shop, restaurant or
tavern-lounge with a video gaming
operation in a second unit. Devia-
tions from the City's Zoning Ordi-
nance requested are related to
building and parking setbacks, sig-
nage location and landscaping.
The real property is generally locat-
ed at the northeast corner of Foun-
tainview Drive and S. Bridge Street
(IL Route 47) in Yorkville, Illinois.
The legal description is as follows:
LOT 1 IN FOUNTAINVIEW, BEING
A SUBDIVISION OF THE SOUTH-
WEST QUARTER OF SECTION 4
AND PART OF THE SOUTHEAST
QUARTER OF SECTION 5, TOWN-
SHIP 36 NORTH, RANGE 7,
EAST, OF THE THIRD PRINCIPAL
MERIDIAN, IN KENDALL COUN-
TY, ILLINOIS, ACCORDING TO
THE PLAT THEREOF RECORDED
FEBRUARY 24, 2011 AS DOCU-
MENT NUMBER 2011-3625
(LOT 1 PIN # 05-05-400-043)
THAT PART OF LOT 2 IN FOUN-
TAINVIEW, BEING A SUBDIVI-
SION OF THE SOUTHWEST
QUARTER OF SECTION 4 AND
PART OF THE SOUTHEAST QUAR-
TER OF SECTION 5, TOWNSHIP
36 NORTH, RANGE 7, EAST, OF
THE THIRD PRINCIPAL MERIDI-
AN, IN KENDALL COUNTY, ILLI-
NOIS, ACCORDING TO THE PLAT
THEREOF RECORDED FEBRUARY
24, 2011 AS DOCUMENT NUM-
BER 2011-3625, MORE PAR-
TICULARLY DESCRIBES AS THE
WESTERLY 136 FEET OF THE
SOUTHERLY 48 OF SAID LOT 2.
(LOT 2 PIN# 05-05-400-044)
The application materials for the
proposed Special Use and Planned
Unit Development are on file with
the City Clerk.
NOTICE IS HEREWITH GIVEN THAT
the Plan Commission for the United
City of Yorkville will conduct a pub-
lic hearing on said application on
Wednesday, August 12, 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 contin-
ued from time to time to dates cer-
tain 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 Authori-
ties of the United City of Yorkville,
Kendall County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
(Published in the Kendall County
Record July 23, 2015) KCR 173
Staff Recommendation Summary:
Staff has reviewed the memorandum from Kendall County Planning and Zoning and the
subsequent documents attached. This property is located within one and a half miles of the
planning boundary for Yorkville allowing us the opportunity to review and provide comments to
Kendall County. The petition is a request for a variance to allow a garage structure within the
front yard setback. The required Kendall County setback is 50’ and the request is to reduce that
setback to 6’ from R.O.W. to accommodate the garage structure. The County has informed the
City that the petitioner has revised the location of the garage structure and will now be requesting
that the setback of 50’ be reduced to 33’ from R.O.W.
The current 2008 Yorkville Comprehensive Plan designation for this property is
Suburban Neighborhood and Parks/Open Space. After reviewing the memo from the County,
staff evaluated the petition as if it were annexed into the City under the R-1 zoning classification.
The Yorkville Zoning Code front yard setback in R-1 is 40 feet, similar to the County’s
regulation. After reviewing the County’s recommendations, city staff would be in favor of
reducing the front yard setback from 50’ to 33’. City staff would not be supportive of the current
request of adding an additional driveway and curb cut on Game Farm Road. The petitioner
currently has two curb cuts onto Game Farm Road to service the property. An additional curb
cut would be above the standard of one curb cut per residential lot. At this time, the City is not
acceptable to another curb cut onto Game Farm Road.
This item was delivered to the City on July 23, 2015. This item was heard at the July 7,
2015 Kendall County Zoning, Platting & Advisory Committee (ZPAC) meeting at the County
Office Building. The petition is scheduled for a public hearing at the Zoning Board of Appeals
meeting at the County on July 27, 2015 and the County staff is requesting that the item be
continued to the August 31, 2015 meeting to allow time for the City’s feedback. This item was
discussed at the August 4, 2015 Economic Development Committee and was in concurrence with
City staff and the County’s recommendation of supporting a setback of 30 feet. This will next be
heard at City Council meeting on August 25th.
Staff will be available to answer any questions the Plan Commission may have regarding
the County Petition.
Attachments:
1. Kendall County Planning and Zoning Memo with Attachments.
Memorandum
To: Plan Commission
From: Chris Heinen, Planner
CC: Bart Olson, City Administrator
Krysti Barksdale-Noble, Community Development Director
Date: August 5, 2015
Subject: Kendall County Case #15-13 – Gary Kritzberg – 1211 Game
Farm Road
DEPARTMENT OF PLANNING, BUILDING & ZONING
111 West Fox Street • Room 203
Yorkville, IL • 60560
(630) 553-4141 Fax (630) 553-4179 15-13
Gary Kritzberg
VARIANCE- Front Yard Setback for Garage
SITE INFORMATION
PETITIONER
Gary Kritzberg
ADDRESS
1211 Game Farm Road, Yorkville
LOCATION
TOWNSHIP
Bristol
PARCEL #
02-29-276-010
LOT SIZE
3.675 acres
EXITING LAND
USE
Single Family Home
ZONING
A-1 Agricultural District
LRMP
Land Use Suburban Residential
Roads Game Farm Road is currently under construction, with a 3 lane
cross section planned in front of this home
Trails A trail was recently constructed on the east side of Game Farm
Road. No sidewalk exists on the west side of the street.
ZBA Memo – Prepared by Mike Hoffman - August 4, 2015 Page 2 of 6
REQUESTED
ACTION
Request for a variance to allow a garage within the front yard setback. Required
setback is 50’, request is to reduce the setback to 33’ from R.O.W. to accommodate
the garage.
APPLICABLE
REGULATIONS
Section 5.15B – Development of Non-Conforming Lots – notes that the R2 setback
requirements apply to single family homes in the A-1 District if they were constructed
prior to the adoption of the ordinance – which is the case for this property.
Section 8.07.E. – R2 Yard Areas, which requires a 50’ front yard.
Section 13.04 – Variation procedures and requirements
SURROUNDING LAND USE
Location Adjacent Land Use Adjacent Zoning LRMP
North Single Family Residential A-1 Suburban Residential with
Natural Resource Overlay
South Single Family Residential A-1 and R3 Suburban Residential
East 3 Single Family
Residential Homes, RR
Drywall & Painting, Hillside
Nursing & Rehab
R2 and Office in Yorkville Urbanized Area (Yorkville)
West Open Space (Blackberry
Creek Flood Plain)
A-1 Suburban Residential with
Natural Resource Overlay
GENERAL
The normal building setback in the A-1 District is 100’ from the right-of-way. However, Section 5.15B of the
zoning ordinance notes that “a lot which was established in an agricultural district by recorded deed or is part
of an approved plat of subdivision, or was otherwise legally established on or before the adoption of this
amendatory ordinance, may be used for single family residence purposes provided that the yard requirements
of the R-2 District are complied with. That is the case her, so the 50’ front setback in the R-2 District is the
relevant setback.
While this property was platted to the centerline of Game Farm Road originally, the City of Yorkville recently
acquired 36’ of right-of-way in front of Mr. Kritzberg’s home to accommodate roadway improvements. The City
is nearing completion of this improvement, which includes a 3-lane cross section with curbs and a bike path on
the east side of the street. No sidewalk exists on the west side (Kritzberg) side of the street, and according to
the property owners no sidewalk is planned given topography and the fact that a wider bike path was
constructed on the east side of the street.
While originally proposed for the north side of the lot, the petioner has amended the request by shifting
the location of the proposed garage to the south side of the property. The proposed garage location is
approximately 33’ from the newly acquired Game Farm Road right-of-way, and approximately 10’ off the
southern property line. The garage door would face Game Farm Road, and would require a new curb cut. The
applicant has stated they have discussed this potential curb cut with the United City of Yorkville. While no
specific architectural plans have been provided, the property owner has described the proposed garage as a
coach house –type structure designed to blend with the existing home. The structure will be designed as a
flexible space, which can be used for indoor play activities or crafts, as well as the storage of a vehicle in winter.
The approximately size of the garage will be 14’ x 24’. No indoor plumbing of any kind is planned.
As can be seen from the air photograph, neighboring homes and garages typically have less than the 50’
setback required for this property. The home immediately to the south appears to have a 26’ setback, and
homes across the street in Yorkville have setbacks ranging from 35’ to 40’.
While a large property, steep slopes and flood plain (Blackberry Creek) on the north and west sides of the
property make much of the lot inappropriate for development. Several alternative locations have been
suggested by staff. Two of these potential locations would have avoided the need for a variation. The first is
on the south end of the property (labeled “A” on the air photo), where the existing vegetable garden is located.
However, the property owner plans to rezone and subdivide off an additional single family lot in this area in the
ZBA Memo – Prepared by Mike Hoffman - August 4, 2015 Page 3 of 6
future. As he is not sure where the home would be located, this suggested garage location could be problematic
with future improvement plans. The second option discussed is just south and east of the existing attached
garage (labeled “B” on the attached exhibit), near where the existing parking pad is located. Photographs of
this area are included below. The concern the owner has with this location is it would require removal of a
couple of nice trees and landscape, and the relocation of other existing landscape improvements (perennials
and shrubs). Per the owner, there are also buried utilities in this area including electric and cable. Staff was
unable to find any specific drawings or plans showing these utilities, but a visual inspection of utility poles in the
right-of-way and the location of connecting boxes on the house suggest that utilities do exist in this area.
A third alternative, labeled “C” on the air photo, was also suggested by staff. This location would still be within
the 50’ setback, but would require only about a 20’ variance (vs. the 38’ variance originally requested). Mr.
Kritzberg was not comfortable with this proposed location for aesthetic and dimensional reasons (he felt that
this alternative would not work well for them as it did not have sufficient depth before the slope to keep the
same garage dimensions they have proposed). This location would also require relocation of an existing
driveway light. After the July ZBA meeting, staff and Mr. Kritzberg meet on site to discuss an additional
alternative location – labeled “D” on the following page. Based on these discussions, Mr. Kritzberg has modified
his application to request a variance to allow him to build the garage in location “D”. This location meets the
side yard setback requirement of 10’. In addition, an existing row of mature evergreen trees is located along
this property line and will be preserved to provide a buffer to the adjacent home. The garage will be located 33’
from the right-of-way (a 17’ variance), and will require installation of a new drive and curb cut. This location will
be well screened from motorists traveling either south or north along Game Farm Road by existing vegetation.
The garage door will face Game Farm Road.
Site Photographs of Existing Parking Pad and Extensive
Landscaping at Southwest Corner of Garage – image on the
left is looking from in front of existing attached garage to the
southwest – image to the right is looking west along the
south driveway
ZBA Memo – Prepared by Mike Hoffman - August 4, 2015 Page 4 of 6
Site Air Photo with Topography (top) Proposed Garage Location (bottom)
D
OLD
ZBA Memo – Prepared by Mike Hoffman - August 4, 2015 Page 5 of 6
BRISTOL TWP. Staff has not received any response from the Township
YORKVILLE Since the property is generally surrounded by the City of Yorkville, the application was
provided to the City for review. It is currently scheduled to go to the Yorkville Plan
Commission on August 12th, and then to the full City Council on August 25th.
ZPAC ZPAC reviewed the case on 7/7/15 and was generally comfortable with the variance
request provided it was acceptable to the City of Yorkville.
ZBA The ZBA opened the Public Hearing on July 27th and continued their hearing until
August 31st to allow Yorkville time to provide input.
RECOMMENDATION Given the extensive landscaping on the site and screening offered by the proposed
location, coupled with the pattern of development in the area, County staff is supportive
of the proposed 17’ front yard setback variance to allow for the proposed garage. Staff
understands the applicant’s desire for a garage, and the selection of the proposed
location given site topography and other site constraints. Like ZPAC, we would give
significant wait to comments and feedback from the City of Yorkville since this property
is generally surrounded by the City. We would suggest the following conditions:
A. That evidence be provided that a curb cut onto Game Farm Road in the proposed
location will be allowed by the United City of Yorkville.
B. That the Evergreen Tree buffer along the south edge of the property be
maintained, including replacement of trees in the future as needed.
FINDINGS OF FACT
§ 13.04.2 of the Zoning Ordinance outlines findings that the Zoning Board of Appeals must make in order to
grant variations. They are listed below in italics. Staff has provided some preliminary findings in bold below
based on our recommendation to modify the request to relocate the proposed garage to location “D” as shown
on page 4 of this report and grant a 17’ variation from the required 50’ front yard setback. Depending on
additional evidence provided at the public hearing and input from the City of Yorkville, these draft findings may
need to be modified.
That the particular physical surroundings, shape, or topographical condition of the specific property involved
would result in a particular hardship or practical difficulty upon the owner if the strict letter of the regulations
were carried out. The topography of this property limits potential locations of any structure on this
property. However, the proposed provides an alternative that considers the unique character of the
property and minimizes the required variation.
That the conditions upon which the requested variation is based would not be applicable, generally, to other
property within the same zoning classification. This is a unique property within the County’s A-1 Zoning
District, as it is generally surrounded by the City of Yorkville. This location, plus the unique topographic
conditions of the property do not exist on most other A-1 zoned property in the County.
That the alleged difficulty or hardship has not been created by any person presently having an interest in the
property. Recent right-of-way acquisition by the City of Yorkville which increased the setback from the
original property line (center of the road) was not a hardship created by the owner. Likewise, the current
owner had no influence over the unique topography of the site or the placement of the home on the
property, both of which limit potential garage locations.
That the granting of the variation will not materially be detrimental to the public welfare or substantially injurious
to other property or improvements in the neighborhood in which the property is located. The proposed garage
location will have a significant landscape buffer from both the adjacent home to the south and from
Game Farm Road. The proposed variation and resulting garage setback will generally be consistent
with other such structures in the area.
ZBA Memo – Prepared by Mike Hoffman - August 4, 2015 Page 6 of 6
That the proposed variation will not impair an adequate supply of light and air to adjacent property, or
substantially increase the congestion in the public streets or increase the danger of fire, or endanger the public
safety or substantially diminish or impair property values within the neighborhood. The proposed variation
will not impact the supply of light or air to adjacent property. This proposed garage will have no impact
on traffic, as it is for a car that is currently stored outdoors on the property. Given the existing
landscape buffering and proposed construction materials that will match the existing home, the
improvements should not diminish or impair neighboring property values.
ATTACHMENTS
1. Plat of Survey
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 July 28, 2015 made the following final determination as indicated
in their vote below:
1. PC 2015-09 Terry Richards, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting rezoning approval from B-3, General Business
District to M-1, Limited Manufacturing District. The real property is located at 147
Commercial Drive in Yorkville, Illinois.
Colosimo-aye; Koch-aye; Kot-aye: Milschewski-aye; Teeling-aye; Funkhouser-aye;
Frieders-aye; Tarulis-aye .
8 ayes; 0 nays.
2. PC 2015-10 Terry Richards, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting special use approval for a public storage
facility pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance. The real
property is located at 147 Commercial Drive in Yorkville, Illinois.
Colosimo-aye; Koch-aye; Kot-aye: Milschewski-aye; Teeling-aye; Funkhouser-aye;
Frieders-aye; Tarluis-aye.
8 ayes; 0 nays.
Memorandum
To: Plan Commission
From: Chris Heinen, Planner
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: August 4, 2015
Subject: City Council Action Updates
1