Plan Commission Packet 2016 02-10-16
PLAN COMMISSION
AGENDA
Wednesday, February 10, 2016
Yorkville City Hall Council Chambers
800 Game Farm Road
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous meeting minutes: January 13, 2016
Citizen’s Comments
--------------------------------------------------------------------------------------------------------------------
Public Hearings
1. PC 2016-02 The Law Office Corporation, petitioner, has filed applications with the United
City of Yorkville, Kendall County, Illinois, requesting special use permit approval for a
proposed tavern – nightclub or lounge in an existing building zoned within the B-2 Retail
Commerce Business District pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning
Ordinance. The real property is located at 226 South Bridge Street in Yorkville, Illinois.
2. PC 2016-03 Unified Faith in Christ Church, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for
a Small Religious Institution that is defined in Section 10-2-3 of the Yorkville Zoning
Ordinance as having less than 400 seats and 8,000 square feet of floor area in an existing
building zoned within the M-1, Limited Manufacturing District pursuant to Chapter 6, Table
10.06.02 of the Yorkville Zoning Ordinance. The real property is located at 210 Beaver
Street, Unit A in Yorkville, Illinois.
Old Business
New Business
1. PC 2016-02 The Law Office Corporation, petitioner, has filed applications with the United
City of Yorkville, Kendall County, Illinois, requesting special use permit approval for a
proposed tavern – nightclub or lounge in an existing building zoned within the B-2 Retail
Commerce Business District pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning
Ordinance. The real property is located at 226 South Bridge Street in Yorkville, Illinois.
- Action Item
Special Use
2. PC 2016-03 Unified Faith in Christ Church, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
a Small Religious Institution that is defined in Section 10-2-3 of the Yorkville Zoning
Ordinance as having less than 400 seats and 8,000 square feet of floor area in an existing
building zoned within the M-1, Limited Manufacturing District pursuant to Chapter 6, Table
10.06.02 of the Yorkville Zoning Ordinance. The real property is located at 210 Beaver
Street, Unit A in Yorkville, Illinois.
- Action Item
Special Use
Additional Business
1. City Council Action Updates
The following items were presented to the City Council on January 26, 2016.
a. PC 2015-16 GC Housing Development LLC, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois,
requesting rezoning approval from R-1, Single-Family Suburban
Residence District to R-4, General Multi-Family Residence District. The
real property is located near the northeast corner of Walnut Street and
Freemont Street in Yorkville, Illinois.
b. PC 2015-17 Kevin Calder, petitioner, has filed an application with
Kendall County seeking an A-1 Special Use to allow the operation of a
landscape business with five employees. The property is located at 9923
Walker Road in Kendall Township.
2. Year in Review - 2015
Adjournment
DRAFT
UNITED CITY OF YORKVILLE
PLAN COMMISSION
City Council Chambers
Wednesday, January 13, 2016 7:00pm
Meeting Called to Order
Chairman Randy Harker called the meeting to order at 7:25pm.
Roll Call
Roll call was taken and a quorum was established.
Reagan Flavin-Goins-yes, Charles Kraupner-yes, Michael Crouch-yes, Deborah Horaz-
yes, Randy Harker-yes
Absent: Chuck Galmarini, Richard Vinyard
City Staff
Krysti Barksdale-Noble, Community Development Director
Mr. Chris Heinen, City Planner
Brad Sanderson, City Engineer
Larry Kot, Alderman
Chris Funkhouser, Alderman
Ken Koch, Alderman
Lynn Dubajic, Economic Development Consultant
Jim Binninger, City Attorney
Other Guests
Chris Vitosh, Court Reporter Jeff Crane, GC Residential Development
Mr. Tracy Kasson, Attorney Dawn Camp, GC Residential Development
Brendan Goss, GC Residential Jim D'Alexander, Manhard Consulting
Bob Weaver, HDS Architects Darin Peterson, Longford Lakes HOA President
Barb Nielson, Walnut St. Jason Merkel
Nycole Woody, Correct Electric Earl Peterson, Longford Lakes
Tom Stout, Heartland John Bennett
Hartley Pearson, Longford Lakes Karylin Clevenger, Senior Services
Regina Moe, Walnut St. John Schneider, Walnut St.
Richard Motyka, Dalton St. Jennifer Johnson, Landmark St.
Alexandrea Ayers, Landmark St. Kelly Helland, Attorney
Sandra Taylor, Walnut St. Andrew Block, GC Housing
William Woodward, KLOA
Previous Meeting Minutes October 14, 2015 and November 18, 2015
Commissioners Crouch and Kraupner moved and seconded, respectively, to approve both
sets of minutes as presented.
Roll Call: Goins-yes, Kraupner-yes, Crouch-yes, Horaz-yes, Harker-yes. Passed 5-0
Page 1 of 3
Citizen’s Comments None
Public Hearings
Chairman Harker explained the process for the Public Hearing and swore in those who
would presented testimony.
Mr. Crouch moved and Ms. Goins seconded the motion at approximately 7:29pm to open
the Public Hearing.
Roll call: Kraupner-yes, Crouch-yes, Horaz-yes, Goins-yes, Harker-yes. Passed 5-0
1. PC 2015-16 GC Housing Development LLC, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois,
requesting rezoning approval from R-1, Single-Family Suburban Residence
District to R-4, General Multi-Family Residence District. The real property
is located near the northeast corner of Walnut Street and Freemont Street in
Yorkville, Illinois.
(See Court Reporter's Transcript for a record of the proceedings)
The following documents introduced during the Hearing, were requested to become a
permanent part of the official record.
Slide Presentation from GC Housing
Traffic Study
Letter from VAC/Paul LaLonde
Photos/Exhibits from Attorney Kelly Helland
Following all testimony, a motion was made by Mr. Kraupner at approximately 9:31pm
and seconded by Ms. Horaz to close the Public Hearing.
Roll call: Kraupner-yes, Crouch-yes, Horaz-yes, Goins-yes, Harker-yes. Passed 5-0
Old Business None
New Business
Mr. Heinen said 3 conditions were placed on the petitioner and outlined in the staff
memo. He also said staff had noticed the discrepancy with the Comp Plan in terms on
usage of the property.
Commissioner Crouch commented the location was not appropriate, but he
acknowledged the need for senior housing.
The Commission then examined existing uses and zoning criteria. They examined the
appropriateness of this site, whether or not it would diminish the property values of
existing structures, the health/safety/welfare, hardship on the homeowners, suitability of
the zoning for that property, community need and care taken by the community for
planning land use.
Page 2 of 3
Action Item
Rezoning
Mr. Crouch moved to approve PC 2015-16 Housing Development LLC, Petitioner
requesting re-zoning approval from R-1 Single Family Suburban Residence District to
R-4, General Multi-Family Residence District subject to staff comments and additions.
Ms. Goins seconded the motion.
Roll call: Crouch-no, Horaz-no, Goins-no, Kraupner-present, Harker-yes.
Motion failed: 3-no, 1-present, 1-yes
2. PC 2015-17 Kevin Calder, petitioner, has filed an application with Kendall
County seeking an A-1 Special Use to allow the operation of a landscape
business with five employees. The property is located at 9923 Walker Road
in Kendall Township.
Mr. Heinen said the Comp Plan allows for this use and it's far from the City's planning
area.
Action Item
1-1/2 Mile Review (Special Use)
Staff had no concerns with this and the Commission approved by general consensus.
Additional Business
Mr. Heinen stated that James Weaver has resigned from the Plan Commission.
January 28th is the next Comp Plan Steering Committee and the Plan will be presented in
June or July.
Attorney Binninger asked the Commissioners to consider a 7-member Commission and
give input to the staff. Ms. Noble added that a notice has been placed on the website to
generate interest. She also said that this meeting had to be a cancelled on a couple
occasions due to lack of a quorum and that the ZBA only has 7 members.
Adjournment
There was no further business and the meeting was adjourned at 9:51pm on a motion by
Crouch and second by Horaz.
Transcribed by
Marlys Young, Minute Taker
Page 3 of 3
Background & Request:
The petitioner, The Law Office Corporation, has filed an application with the United City
of Yorkville, Kendall County, Illinois requesting special use permit approval for the operation of
a proposed bar/tavern with live music within an existing building zoned in the B-2 General
Business District. The property is located at 226 South Bridge Street, the northeast corner of IL
Route 47 and Van Emmon Street in downtown Yorkville. The building was formerly occupied as
professional offices for attorneys.
Existing Conditions:
The existing zoning and land use for properties surrounding the subject property are as
indicated below:
Table 1. Surrounding Zoning and Land Uses
Zoning Land Use
North B-2, Retail Commerce Business District Vacant (former Kendall County Record
building)
East B-2, Retail Commerce Business District Kendall County Farm Bureau
South B-2, Retail Commerce Business District Fusion Gym (former Old Second Bank
building)
West B-2, Retail Commerce Business District Vacant (former Cobblestone Restaurant)
Memorandum
To: Plan Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: February 2, 2016
Subject: Law Office – 226 South Bridge Street
Proposed Special Use for a Bar/Tavern – Nightclub or Lounge
1
Petitioner’s Proposal:
The current owners of the property are in the process of remodeling the interior of the
first floor in the existing 2-story building. The proposed plan called for the complete gutting of
the approximately 1,500 square foot building’s main level and renovating the space to feature a
bar area, limited tables with seating, and a step-up platform area in the front of the building to be
used as a stage for live performances. Restrooms for patrons and bar staff will be provided in the
rear of the building. While the front of the existing building has a doorway entrance, the
remodeled space will keep the appearance of a glass door on the façade facing IL Route 47, but
main ingress and egress will occur from a side entry way off of Van Emmon Street.
The images to
the right and below
illustrate the concept
design plan for the
interior of the
proposed bar/tavern.
While the bar/tavern
will offer patrons the
ability to purchase
and consume food on
the premises, food
will not be prepared
onsite; nor are food
preparation facilities
proposed for the
property at this time.
The petitioner has obtained
the requisite building
permit applications for the
interior demolition and
remodeling activities and
will be required to obtain
approvals from the Kendall
County Health Department
and Fire Department prior
to conducting a final
inspection. Special Use
approval by the City will be
required before the
Building Department can
issue the final occupancy
permit for the proposed use.
Additionally, a City issued
2
Liquor License will also be required prior to the proposed bar/tavern can open for business.
Parking/Traffic
Per Section 10-16-2-A-3 of the Zoning Ordinance, whenever the existing use of a
building or structure changes, parking and loading facilities need to be provided as required by
the current Zoning Ordinance. However, if the building or structure was erected prior to the
effective date of the Zoning Ordinance (11-25-2014), additional parking or loading facilities are
mandatory only in the amount by which the requirements for the new use would exceed those for
the existing use.
According to the Zoning Ordinance, the former office use would require two (2) parking
spaces per 1,000 square foot of floor area of off-street parking and no off-street loading spaces.
The current proposed use of a tavern (drinking establishment) would require three (3) parking
spaces per 1,000 square feet of floor area of off-street parking and no off-street loading spaces.
Based upon these requirements, the former office use would require three (3) off-street parking
stalls and the current tavern use would require four (4) off-street parking stalls.
Due to the location of the property in the City’s downtown, on street parking off of IL
Route 47 was available which allowed the prior office use to meet the Zoning Ordinance
standards. However, with the widening and reconstruction of IL Route 47 throughout the City
downtown, which completed in 2015, businesses along both sides of Bridge Street in this area no
longer have on street parking in front of their buildings available. As compensation for the
removal of the street parking, the State of Illinois paid for the relocation of the approximately 20
on street parking spaces servicing those buildings to be consolidated into a single public parking
lot located at the southeast corner of S. Main Street and W. Van Emmon Street. Approximately,
350 feet west of the subject property, within walking distance. In addition, there is a city-owned
parking lot behind the subject property which provides off-street parking for all the businesses on
the east side of IL Route 47, as illustrated in the aerial image below.
3
With regards to traffic, the Petitioner does not anticipate much in the way of substantially
increased traffic for the proposed use, as most patrons will utilize either the rear parking lot or
the parking facility on W. Van Emmon Street and walk to this establishment. Also, with the
recent closure of the restaurants and bakery across the street on Bridge Street, this area of the
downtown will not be overly burdened with significantly increased traffic than what already
exists.
Adequate Utilities
Adequate public utilities already exist and are available to the subject property, as the
building is serviced by City water and sewer. Since the property is not seeking to expand its
building footprint onsite stormwater management is not a concern. The Yorkville Bristol
Sanitary District (YBSD) will require review due to the change in use and a separate permit will
be issued by them to the petitioner.
Noise
In consideration that the proposed use will have live music as entertainment, staff has
reviewed the Noise Ordinance in Section 4-4-3 of the municipal code. Accordingly, commercial
businesses must adhere to a maximum of 70 decibels (dB) during day time hours (7:00 am to
10:00 pm) and no more than 55 decibels (dB) to any receiving residential land during nighttime
hours (10:01 pm to 6:59 am). The nearest residentially zoned and occupied property to this
building is located approximately 350 feet to the east at the southwest corner of E. Van Emmon
and Heustis Street.
The City is, however, in the process of reviewing and possibly revising its Noise
Ordinance to take into consideration not only sound but vibration (typically produced by the bass
in music). If those regulations are revised at anytime, the proposed business, if approved, would
be required to meet those requirements. Staff is confident the petitioner is willing and capable of
meeting the current and any future noise standards for the proposed use.
Comprehensive Plan
The 2008 Comprehensive Plan Update designates the future land use for this property as
Commercial. The intent of the Commercial Land Use classification includes such uses as retail,
service, restaurant and entertainment. Although the City is in the process of updating its
Comprehensive Plan, it is still envisioned that this area of the City where the subject property is
located will maintain a commercial land use designation.
Special Use Requirement
In order to determine if a proposed use will require Special Use authorization to operate as a
tavern or restaurant, staff references the Zoning Ordinance. Restaurants are defined in the
Zoning Ordinance as: Any land, building or part thereof where meals are provided for
compensation, including a café, cafeteria, coffee shop, lunchroom, drive-in stand, tearoom and
dining room, and including the serving of alcoholic beverages when served with and incidental
to the serving of meals, where permitted. While Tavern or Lounge is defined in the Zoning
Ordinance as: A building where liquors are sold to be consumed on the premises, but not
including restaurants where the principal business is serving food.
4
While the Zoning Ordinance does not currently have a definition for “Bar”, the Use Table in
Section 10-6-0 of the Zoning Ordinance lists “Tavern – nightclub or lounge” as a Special Use
in B-1, B-2, B-3, B-4, M-1 and M-2 Districts. However there is no definition in the ordinance for
“nightclub”. Therefore, staff relied on Section 10-2-2-H which states “[w]ords or terms
contained in this title which are not defined hereinafter, shall assume definitions as prescribed in
the most current edition of the Merriam-Webster unabridged dictionary. Based upon that, the
definitions used to classify a “bar” or “nightclub” in this context was “a counter where food or
especially alcoholic beverages are served”1 and “a place that is open at night, has music,
dancing, or a show, and usually serves alcoholic drinks and food”.2
It has been staff’s interpretation that the distinction between a Tavern/Lounge and a
Restaurant in the Zoning Ordinance has been the food component, particularly, the service of
food. In our previous approvals of Zoning for uses where a “Bar or Tavern” Liquor License has
been issued (see table below), the primary business was NOT a Tavern, but another explicitly
permitted use.
Table 2. Businesses with Bar-Tavern Licenses
Business
Name
Address Video Gaming
License/Liquor
License
Use
(As Classified by
Zoning)
Zoning
(Permitted Use
Y/N)
Rowdy’s 210 S. Bridge
Street
Yes/Class A-1 Restaurant B-2 (Y)
Yorkville
Bowl
1205 N. Bridge
Street
Yes/ Class A-2 Bowling Alley B-3 (Y)
Rosati’s
Pizza
1985
Marketview
Drive
Yes/ Class R-1 Restaurant B-3 (Y)
Yorkville
Moose
Family
Center
1502 N. Bridge
Street
Yes/ Class C Private Club or
Lodge/Restaurant
B-3 (Y)
Mike &
Denise
Pizzeria &
Pub
728 E. Veterans
Pkwy
Yes/ Class BG Restaurant B-3 (Y)
Wings Etc.
Grill & Pub
1447
Cannonball
Trail
Yes/ Class BG Restaurant B-2 (Y)
Java Jills #3 2635 N. Bridge
Street
Yes/Class A-2 Coffee Shop B-3 (Y)
Millhurst Ale
House
2075
Marketview Dr.
No (applied for gaming
license 12-7-15)/Class
A-1
Restaurant B-3 (Y)
Java Jills #5 932 N. Bridge
Street
No (expecting for them
to apply when they
receive State
approval)/Class A-2
Coffee Shop B-3 (Y)
1 http://www.merriam-webster.com/dictionary/bar 2 http://www.merriam-webster.com/dictionary/nightclub
5
It is staff’s opinion that the definition of Bar/Tavern used for zoning purposes and what is used
for liquor licensing is different, as zoning regulates the primary use and liquor licensing regulates
a specific ancillary activity operating within the use. While other uses were issued “bar/tavern”
liquor licenses, the use did not meet the zoning definition of a “tavern”. In this instance, the
petitioner’s proposed use clearly meets the zoning definition of a tavern and nightclub, therefore
requiring the Special Use authorization from the City.
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 in which it is to be located.
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 proposed special use is not contrary to the objectives of the official comprehensive
plan of the City as amended.
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 at the
February 10, 2016 Plan Commission meeting.
Staff Comments:
Staff feels that the proposed use is appropriate and similar to other drinking
establishments in the immediate area to the subject property (e.g. Rowdy’s and Barley Fork),
with the exception that food preparation will not be provided on the premises. Additionally, the
live music component in such an intimate setting adds a unique element to the proposed tavern
use and is complementary to the entertainment intent of the commercial land use designation this
property has in the current Comprehensive Plan. Staff is supportive of the proposed Special Use
request.
PROPOSED MOTION:
In consideration of testimony presented during a Public Hearing on February 10, 2016 and
discussion of the findings of fact, the Plan Commission recommends approval to the City Council
a request for Special Use authorization for the operation of a proposed bar/tavern with live music
6
within an existing building zoned in the B-2 General Business District located at 226 South Bridge
Street and further subject to {insert any additional conditions of the Plan Commission}…
Attachments:
1. Copy of Petitioner’s Application w/exhibits.
2. Copy of Public Notice.
7
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2016-02
NOTICE IS HEREWITH GIVEN THAT The Law Office Corporation, petitioner, has
filed applications with the United City of Yorkville, Kendall County, Illinois, requesting
special use permit approval for a proposed tavern – nightclub or lounge in an existing
building zoned within the B-2 Retail Commerce Business District pursuant to Chapter 6,
Table 10.06.03 of the Yorkville Zoning Ordinance. The real property is located at 226
South Bridge Street in Yorkville, Illinois.
The legal description is as follows:
LOT 4-3 BLOCK 6 BLACKS ADDITION (ROW TAKEN 10-11538) CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
Permanent Index Number: 02-33-154-025
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 10,
2016 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 & REQUEST:
The petitioner, Unified Faith in Christ Church, has filed an application with the United
City of Yorkville, Kendall County, Illinois, requesting special use permit approval for a Small
Religious Institution that is defined in Section 10-2-3 of the Yorkville Zoning Ordinance as
having less than 400 seats and 8,000 square feet of floor area in an existing building zoned
within the M-1, Limited Manufacturing District pursuant to Chapter 6, Table 10.06.02 of the
Yorkville Zoning Ordinance. The real property is located at 210 Beaver Street, Unit A 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, 2016
Subject: PC 2016-03 – Unified Faith in Christ Church (Special Use) –
210 Beaver Street
N
1
The building is currently divided into four suites. Suite A is currently vacant and was the
former home for a company called Nurture, a dog training and nutrition facility. Suites B, C &
D are also vacant at this time. The petitioner is looking to build-out Suite A, which is
approximately 2,400 square feet, of the building to facilitate a new church use. The current
congregation is at 15 members with hopes to grow in the future. At this time, the church would
only meet for Sunday services and will occasionally meet on an evening during the week for
Bible study. On average, the Sunday service will host approximately 22 people, which includes
children.
PARKING:
The current requirement for a religious institution is 1 space per 6 seats. According to the
petitioner, they will be proposing 50 seats within the facility. Based on these numbers, the
petitioner will be required to have a total of 9 parking stalls located on the property.
There are currently 5 striped parking stalls located at the front (North) of the building
under a canopy. There appears to be room for an additional 14 parking stalls located along the
western side of the building. They are currently not striped, but when staff observed past aerials,
according to Kendall County GIS maps, it appeared to be striped in 2010 (as illustrated in the
aerial image on page 1). As part of the approval for the special use, staff would require that
these parking stalls be restriped according to the current City standards.
Shared Parking
The proposed church use would also fall within the appropriate shared parking
regulations found in Section 10-16-4 of the zoning ordinance. Shared parking is the use of a
parking space for two (2) or more individual land uses without conflict or encroachment.
According to the regulations for shared parking, all uses within this structure, including the
proposed church use and the currently vacant units, are to be accommodated by the existing
parking stalls. Since churches typically are a nighttime and weekend use and manufacturing is
primarily a daytime and weekday use, the uses would be considered complementary. Therefore,
appropriate to permit shared parking.
It should be noted, however, that Section 10-16-4-C-3 of the zoning ordinance would
require that a legal document between property owners outlining the shared parking
requirements. Since the petitioner is looking to lease Unit A and there is only one property
owner involved, staff would require that as part of the special use approval, the owner provide
language in the lease that acknowledges the shared parking for the tenants of the building.
The proposed use at this location would not impact the traffic flow or increase the traffic
in the area. The proposed hours are off peak to the surrounding businesses and will not alter or
impede current traffic flow in the area for ingress and egress.
EXISTING CONDITIONS:
The existing zoning and land use for properties surrounding the subject property are as
indicated below:
Zoning Land Use
North M-1, Limited Manufacturing District Industrial Buildings
East M-1, Limited Manufacturing District Industrial Buildings
2
South M-1, Limited Manufacturing District Industrial Buildings
West M-1, Limited Manufacturing District Industrial Buildings
COMPREHENSIVE PLAN:
The City’s Comprehensive Plan Update 2008 had designated this parcel as “Industrial”
which is intended to allow limited and general manufacturing, assembly, wholesale and
warehouse uses in distinct areas that can be adequately served by transportation and other
infrastructure. As part of the Comprehensive Plan Update, this area is intended to remain as an
Industrial use category.
ADEQUATE UTILITIES:
The property is in the Fox Industrial subdivision and water and sewer utilities are located
along Beaver Street. The proposed use will not impact the current water or sewer capacities.
Stormwater management has already been accounted for with the development of the subdivision
and no additional storage would be required as part of this special use.
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 in which it is to be located.
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 proposed special use is not contrary to the objectives of the official comprehensive
plan of the city as amended.
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 at the
February 10, 2016 Plan Commission meeting.
SPECIAL USE CONDITIONS:
Staff will seek the following recommended conditions as part of the final approval for the
petition:
• That the parking stalls located along the western portion of the building be restriped
according the current City of Yorkville standards.
3
• That the owner of the property provides language in the lease that acknowledges the
shared parking for the tenants of the building.
STAFF COMMENTS:
This petition was discussed at the February 2, 2016 Economic Development Committee
meeting. The only concern that came out of this meeting was regarding parking amongst the
other potential users of the building. During this discussion, staff agreed to add a condition to the
special use regarding language in the lease for shared parking. A recommendation from the Plan
Commission will be forwarded to the City Council for consideration at the February 23, 2016
regularly scheduled meeting.
Staff will be available to answer any question the Plan Commission may have at
Wednesday night’s meeting.
PROPOSED MOTION FOR SPECIAL USE:
In consideration of testimony presented during a Public Hearing on February 10, 2016
and discussions conducted at that meeting, the Plan Commission recommends approval to the
City Council a request for Special Use approval for a Small Religious Institution that is
defined in Section 10-2-3 of the Yorkville Zoning Ordinance as having less than 400 seats and
8,000 square feet of floor area in an existing building zoned within the M-1, Limited
Manufacturing District pursuant to Chapter 6, Table 10.06.02 of the Yorkville Zoning
Ordinance located at 210 Beaver Street, Unit A, subject to staff recommendations and
conditions in a memo dated February 3, 2016, and further subject to {insert any additional
conditions of the Plan Commission}…
ATTACHMENTS:
1. Copy of Petitioner’s Applications for Special Use w/exhibits.
2. Copy of Public Notice.
4
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2016-03
NOTICE IS HEREWITH GIVEN THAT Unified Faith in Christ Church, petitioner, has
filed an application with the United City of Yorkville, Kendall County, Illinois,
requesting special use permit approval for a Small Religious Institution that is defined in
Section 10-2-3 of the Yorkville Zoning Ordinance as having less than 400 seats and
8,000 square feet of floor area in an existing building zoned within the M-1, Limited
Manufacturing District pursuant to Chapter 6, Table 10.06.02 of the Yorkville Zoning
Ordinance. The real property is located at 210 Beaver Street, Unit A in Yorkville, Illinois.
The legal description is as follows:
LT 5 BLK 1 FOX INDUSTRIAL PARK UNIT 2 CITY OF YORKVILLE
Permanent Index Number: 05-04-152-004
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 10,
2016 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
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 recommendation regarding the following
item during their meeting held on January 26, 2016 and made the following final determination as
indicated in their vote below:
1. PC 2015-16 GC Housing Development LLC, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting rezoning approval from R-1,
Single-Family Suburban Residence District to R-4, General Multi-Family Residence District.
The real property is located near the northeast corner of Walnut Street and Freemont Street in
Yorkville, Illinois.
a. This petition was discussed and tabled for 2 weeks. This item will be heard at the
February 9th City Council meeting. A verbal update will be given at the Plan
Commission meeting.
2. PC 2015-17 Kevin Calder, petitioner, has filed an application with Kendall County seeking
an A-1 Special Use to allow the operation of a landscape business with five employees. The
property is located at 9923 Walker Road in Kendall Township.
a. No additional comments were generated for this petition.
Memorandum
To: Plan Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Chris Heinen, Planner
Date: February 3, 2016
Subject: City Council Action Updates
1
2015 Applications & Petitions
During the year of 2015, the United City of Yorkville’s Plan Commission reviewed a
total of fourteen (14) applications for various planning and zoning related requests. Following is
a summary list and outcomes of the petitions heard by the Plan Commission:
PC # Project Name Type of Request Plan Commission
Vote
City Council
Final Action
2014-18 Wind Turbine - Yorkville Middle
School Special Use 7-yes/0-no Approved
2014-21 711 Bridge Street Special Use 7-yes/0-no Approved
2014-22 2560 Cannonball Trail Rezoning 7-yes/0-no Approved
2014-23 Outdoor Music Venue (112 Van
Emmon) Special Use Withdrawn Withdrawn
2015-03 Microdistilleries and
Microwineries Text Amendment 7-yes/0-no Approved
2015-05 KBL Community Center Special Use Withdrawn Withdrawn
2015-07 Fence Heights for Corner Yards Text Amendment 6-yes/1-no Approved
2015-08 Fitness Clubs Text Amendment 6-yes/1-no Approved
2015-09
& 10 Lot 19 Commercial Drive Rezoning & Special
Use 6-yes/0-no Approved
2015-11 Fountainview Plaza Development Special Use 5-yes/0-no Approved
2015-11 Fountainview Plaza Development Special Use/PUD 4-yes/1-no Approved
2015-12 Fountainview Plaza Development Final Plat 5-yes/0-no Approved
2015-15 Lot Coverage & FAR Text Amendment 5-yes/0-no Approved
Progress of 2015 Planning Direction
In last year’s “Year in Review” memo dated January 7, 2015 (attached), staff indicated
that the zoning ordinance was approved and there may be changes that are needed. This, in fact,
was the case. As you can see from the table above, there were four (4) text amendments that
addressed areas of the zoning ordinance that needed to be updated.
Comprehensive Plan Update
Moving forward, staff anticipates with the adoption of the Comprehensive Plan Update in
the summer of 2016, this will necessitate further refinements to the Zoning Ordinance in order to
implement the recommendations for future development. These changes may occur on a case-by-
case basis or may be presented all at once. In the meantime, staff will continue to monitor any
Memorandum
To: Plan Commission
From: Chris Heinen
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: February 3, 2016
Subject: The Year in Review – Discussion of previous year’s petitions and
suggestions for planning staff
other incidental changes that will need to be addressed and bring them before the Plan
Commission.
Plan Commission Membership
As a follow-up to the direction staff received at last month’s Plan Commission meeting,
we have drafted a request to the City Council recommending a reduction in the composition of
the Plan Commission from nine (9) voting member to seven (7) voting members. This change
will reflect the current membership of the commission after the two (2) recent resignations and
hopefully ensure having a quorum for all scheduled meetings. A draft of the proposed ordinance
is attached to this memo and the request will be considered at the February 9th City Council
meeting. Staff will provide a verbal update of the action taken by the City Council on this matter
at Wednesday’s night meeting.
2014 Applications & Petitions
During the year of 2014, the United City of Yorkville’s Plan Commission reviewed a
total of five (5) applications for various planning and zoning related requests. Following is a
summary list and outcomes of the petitions heard by the Plan Commission:
PC # Project Name Type of Request Plan Commission
Vote
City Council
Final Action
2014-05 Heartland Meadows Special Use/PUD 1-yes/5-no Approved
2014-10 Lighthouse Academy Special Use 7-yes/0-no Approved
2014-13 Kendall Crossing Sign PUD Amendment 6-yes/1-no Approved
2014-14 Heartland Meadows Final Plat Approval 4-yes/5-no Approved
2014-18 Wind Turbine - Yorkville Middle
School Special Use TBD TBD
In addition to the petitions listed above, the Plan Commission also reviewed the new
Zoning Ordinance and provided feedback to staff. In November 2014, the City Council
approved the new Zoning Ordinance by a vote of 7 – 1.
Progress of 2014 Planning Direction
In last year’s “Year in Review” memo dated February 4, 2014 (attached), staff made the
following suggestions for proposed new zoning ordinance text amendments:
• Review and discussion of the appropriateness of the R-2 One-Family Residence Zoning
District vs. the R-2D Duplex Two-Family Residence Zoning District for existing
townhomes within the older areas of the City.
• Review and discussion of Filling of Holes, Pits or Lowlands as Special Uses in R-1 and
R-2 Residential Zoning Districts (Section 10-6B-2 and Section 10-6C-2). This steams
from the special use request from D. Construction to use clean soil to fill and grade
property zoned R-2 in the City without having a proposed land plan. The Plan
Commission recommended unanimously to deny the request and City Council upheld the
recommendation. Although this activity typically requires a grading permit issued by the
engineering department in all other districts, only the R-1 and R-2 Districts identifies
filling and grading as a Special Use.
• Identification of and Special Use Regulations related to Outdoor Amphitheaters in the
Business Districts regarding maximum noise (decibel) levels, hours, permitting, etc.
Memorandum
To: Plan Commission
From: Chris Heinen
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: January 7, 2015
Subject: The Year in Review – Discussion of previous year’s petitions and
suggestions for planning staff
• Amendment to the Subdivision Control Ordinance related to authorized releases of
subdivision security.
Since that time, all of the goals and direction given to staff by the Plan Commission on
the above-mentioned items have been successfully completed or implemented.
Staff would also like to poll the Plan Commission members to see if they would like to
see the meeting packets in digital form vs. a hard copy for the upcoming year.
Proposed New Zoning Ordinance Text Amendments
Since we have recently adopted the new zoning ordinance, no additional text
amendments are proposed for 2015. However, there may be changes that are needed in the
future and staff will adapt accordingly.
Ordinance No. _____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS AMENDING THE NUMBER OF MEMBERS
OF THE PLAN COMMISSION
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, pursuant to section 11-12-4 of the Illinois Municipal Code (65 ILCS
5/11-12-4) the corporate authorities may establish a Plan commission for the City with
the number of members to be determined by the corporate authorities.
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 Section 2-1-2 of the Yorkville City Code, as amended, be and is
hereby amended to read as follows:
“2-1-2: MEMBERSHIP; APPOINTMENTS; DISMISSALS:
The plan commission shall consist of seven (7) voting members who shall
be appointed by the mayor subject to confirmation by the city council,
who must be either a resident of the city of Yorkville or reside within 1.5
miles of the corporate boundaries of the city of Yorkville and not within
the boundaries of any other municipality at the time of appointment.
The mayor may dismiss any voting member of the plan commission,
subject to city council approval, if that member has missed a majority of
the scheduled plan commission meetings during the fiscal year.”
Section 2: This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
________ day of ____________________, 2016.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ LARRY KOT ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
SEAVER TARULIS ________ DIANE TEELING ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _______________ 2016.
______________________________
MAYOR