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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