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Zoning Board of Appeals Packet 2015 05-06-15 ZONING BOARD OF APPEALS AGENDA Wednesday, May 6, 2015 7:00 P.M. Yorkville City Hall Council Chambers 800 Game Farm Road Meeting called to order: Roll Call: Previous Meeting Minutes (Corrections/Approval): November 5, 2014 Citizen’s Comments ----------------------------------------------------------------------------------------------------------- Public Hearing: 1. ZBA 2015-02 KBL Community Center LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the building height regulations contained in Chapter 7: Dimensional and Bulk Regulations to permit the construction of a community center with an air-supported structure which exceeds the maximum permitted building height of thirty feet (30’) in the R-2 Traditional Residential District. The real property is located on Fox Road, between Pavilion Road and Ford Drive in Yorkville, Illinois. Additional Business Adjournment United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us DRAFT UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, November 5, 2014, 7:00pm Yorkville City Hall, Council Chambers 800 Game Farm Road Board Members in Attendance Jeff Baker, Chairman Don Hirsch Corey Johnson Tony Pekich Reagan Flavin-Goins Absent-Ryan Woods, Mike Skinner Other City Officials in Attendance Krysti Barksdale-Noble, Community Development Director Chris Heinen, City Planner Other Guests: None Chairman Jeff Baker called the meeting to order at 7:02pm. Roll call was taken and a quorum was established. Previous Meeting Minutes May 1, 2013 The minutes from 2013 were approved on a motion by Johnson and second by Pekich. Approved by unanimous voice vote. Citizen Comments None Public Hearing: None At this time, Chairman Baker recognized Reagan Flavin-Goins as the newest member of the ZBA. Additional Business Presentation of the proposed final draft of the Zoning Code Update: Ms. Barksdale-Noble said the property zoning update has been a 4-year process starting in 2010 and undertaken by Zoning Commission members. Each chapter was updated and significant changes were made to the content making it more relevant to technology and to present land uses. Since no public attended the meetings, Civic Artworks was engaged to develop an on-line campaign. There were 73 active participants on the website and 4,000 who viewed the website. She also explained the extensive process for the update. Page 1 of 3 The proposed changes were presented to various bodies and suggested changes were incorporated. She said the updated document is more user friendly and includes more charts and graphics. The City held an Open House to review the update and it was also reviewed at the Economic Development Committee. On November 17th it will go to Public Hearing and then to City Council for adoption. Mr. Johnson discussed the non-conforming duplexes in residential areas. Some of the lot sizes do not conform to the present requirements and affected mortgages or re-financing. Ms. Barksdale-Noble said an R2D district was created in the early 1990's to specifically address duplexes. She explained how these would now be handled in the event of the need to rebuild. Units that are 75% (increased from 50%) destroyed must now be brought to compliance. Mr. Johnson asked if there are other similar non- conforming uses. Some businesses along Rt. 47 are single family homes that were converted to commercial uses and now some owners wish to convert them back to residential. Such requests would now be considered special uses or as a teardown/rebuild. Mr. Hirsch asked about gravel drives which are considered legally non-conforming. Owners wishing to make any changes to the driveway must improve the drive with either concrete or asphalt. Ms. Flavin-Goins inquired about fence heights. Ms. Barksdale-Noble detailed the front and side heights and the materials that can be used. Since this Board's function often deals with sign regulations, Mr. Johnson asked for an overview of those changes and current status. Two updates include: 1) pole signs are prohibited and is now codified, 2) flagpoles are not regulated by height, but capped to the tallest object in that district. Ms. Barksdale-Noble said there was a change requested in the illumination permitted for signs. It was also noted 5 seconds are required between transitions. If a sign falls into disrepair, it is covered under property management. If it becomes obsolete and not in use, it can be put on an amortization schedule and the owner has 3 years to conform. Regarding the train crossing improvement issue, federal grants are sometimes available and many factors must be considered. That matter will come before the Public Works committee in the next couple months. 2. ZBA Meeting Schedule for 2015 The Board approved the 2015 meeting schedule as presented. Additional Business: Chairman Baker asked for a Rt. 47 update. Information is posted on the website and there will be a push to pour concrete before the weather changes. Mr. Hirsch said he has heard complaints about the lack of smoothness/waviness of the concrete. It was thought this could be to prevent hydro-planing, but staff will follow up with the Public Works Director. Bids will be let in November for the Game Farm Road project with construction expected to start in spring. Page 2 of 3 Mr. Heinen said the Comp Plan update is rolling out and a steering committee will be appointed to guide the process. Volunteers are needed for this committee for eight meetings over two years and Ms. Flavin-Goins agreed to be on this committee. Adjournment There was no further business and the meeting was adjourned at 7:35pm on a motion by Johnson and second by Hirsch. Minute respectfully submitted by Marlys Young Page 3 of 3 PROPERTY BACKGROUND: The petitioner, KBL Community Center LLC, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting height variance approval for the construction and operation of a community center with an air-supported dome structure within an existing R-2 Single Family Traditional Residence District. The property is located on the south side of Fox Road, between Pavilion Road and Ford Drive in Yorkville, Illinois. Memorandum To: Zoning Board of Appeals From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: April 20, 2015 Subject: ZBA 2015-02 KBL Community Center, LLC – Height Variance Proposed Community Center with Air-Supported Dome Structure The property was annexed to the City of Yorkville pursuant to an annexation agreement on August 8, 2006 with the Midwest Development Group. The property was zoned R-2 Single Family Residence District and is known as the Silver Fox Development. The Property was never developed, nor any other area included in any one of four (4) additional developments, all five collectively defined as the Southwest Infrastructure Developments; Silver Fox, Chally Farm, Evergreen Farm Estates, Aspen Ridge Estates, and York Wood Estates. The current owners of these properties are currently in the process of amending each of the annexation agreements as executed by each member of the Southwest Infrastructure Developments in order to remove all cross contingencies and obligations on the condition that all five owners of the Southwest Infrastructure Developments agree to such amendments. PROJECT DESCRIPTION: The petitioner is seeking to construct an approximately 123,750 square foot community center with an air-supported dome structure. The dome structure will be approximately 75 feet in height, measured to the peak of the roof. A 2,700 square foot entry area with bathrooms/changing facility and small concessions will be located at the northwest portion of the air structure and will act as the entry into the domed athletic field. The air structure will be located near the northeast corner of the property with parking located immediately to the west. The parking requirements for this facility are a minimum of 253 stalls. However, the petitioner proposes to provide 286 stalls, of which 7 will be ADA compliant. A large, 10-foot berm will be located along the northerly property line to aid in the screening of the dome. The property will continue to be used on well and septic until such time the proper public utilities are available to the site. In addition, two (2) stormwater management facilities (basins) will also be located on the property. The first facility will be a dry basin and will be located at the northeast corner of the property. The second facility will be a wet basin and will be located immediately south of the proposed parking lot. This pond will have an established water level which will be maintained as the primary water source for the proposed dry hydrants located on the property. The pump for these hydrants will be located at the deepest point of the pond and will be maintained by the petitioner. EXISTING CONDITIONS: The existing zoning and land use for properties surrounding the subject property are as indicated below: Zoning Land Use North Kendall County/Forest Preserve County Residences & Forest Preserve East Kendall County Farm Land South Kendall County Farm Land West Kendall County Farmstead/Farm Land REQUEST FOR HEIGHT VARIANCE: According to the City’s Zoning Ordinance, building height is not necessarily measured to the highest point of the overall structure, but rather depends on the pitch of the building’s roof. While flat roof buildings are measured to the highest point of the roof, mansard roofs are measured to the deck line and gable, hip or gambrel roofs are measured to the mean height between the eaves and the ridge. Therefore, depending on the pitch of the roof (gambrel, hip, mansard, etc.) a building may appear to exceed the ordinance’s height restriction if measured from grade to the peak of the structure. Additionally, the City’s zoning regulations allow for religious institutions to have a maximum building height of 45 feet and up to 75 feet for any steeple or rooftop feature. Since the subject property is currently zoned within the R-2 Single Family Traditional Residence District, the maximum building height for residential structures is 30 feet or 2.5 stories. As proposed, the height of the base structure where the classrooms, offices, restroom facilities and lobby area are programmed in a brick and mortar type building with a maximum height of 30 feet, which is consistent with the district’s regulation. However, the air-supported dome structure, where the indoor athletic field area is to be located, will have an overall height of 75 feet to the apex of the dome. Based upon staff’s review of the Zoning Ordinance’s regulations for measuring building heights, it is determined that the height for the dome structure is approximately 64 feet, as illustrated below, resulting in a variance deviation of 34 feet. +/- 64 feet STANDARDS FOR GRANTING A VARIANCE: The Zoning Board of Appeals must base its decision to vary, or recommend varying, the Petitioner’s request for building height relief of the Zoning Ordinance regulation upon the following standards (Section 10-4-7-C): 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 5. 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 to the public safety, or substantially diminish or impair property values within the neighborhood. The applicant 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 May 6, 2015 Zoning Board of Appeals meeting. ZBA ACTION: Upon closing the hearing, staff requests that the Zoning Board of Appeals make its findings for height variance based upon each of the standards listed above and evidence provided by the applicant during the public hearing. The purpose of the standards is to help guide you in making your decision. Municipal Code 10-4-7-D outlines occasions when the Zoning Board of Appeals may make a final determination. Height variations are not covered by this Section; therefore, the ZBA will be making a recommendation to the City Council regarding this variance request. After making your findings, a recommendation regarding the variance request will then be forwarded to the City Council. Your recommendation may be to approve the requested variance, recommend approval of the requested variance with condition(s), or recommend denial of the requested variance. STAFF’S RECOMMENDATION: Staff recommends approval of the requested height variance to allow for the domed structure to have a maximum height of 64 feet as defined by the Code, rather than the code maximum of 30 feet as the Zoning Ordinance clearly recognizes the need to increase building heights for non- residential structures in residentially zoned districts such as religious institutions. Further, as mentioned previously, even a permitted residential structure can have an overall height taller than the maximum 30 foot building restriction due to the type and pitch of roof used. In addition to the variance request, the petitioner is concurrently seeking Special Use approval to permit the proposed community center to be located within the R-2 Single Family Traditional Residence District. A public hearing is scheduled on May 13, 2015 before the Plan Commission to consider that request. Both recommendation from the Zoning Board of Appeals and Plan Commission will be forwarded to the City Council for consideration at the May 26, 2015 meeting. Therefore, as a condition of staff’s recommendation, we would like to stipulate that the requested height variance, if recommended for approval, be contingent upon the City Council’s approval of the Special Use for the proposed community center. PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on May 6, 2015 and approval of the findings of fact, the Zoning Board of Appeals recommends approval to the City Council of a request to vary the building height regulations contained in Chapter 7: Dimensional and Bulk Regulations to permit the construction of a community center with an air-supported dome structure which exceeds the maximum permitted building height of thirty feet (30’) in the R-2 Traditional Residential District subject to the City Council approval of the Special Use request for a community center in the R-2 Single Family Traditional Residential District, as presented by staff in a memorandum dated April 20, 2015 and illustrated in plans submitted by Arizon Structures dated 03-16-15 and further subject to {insert any additional conditions of the Zoning Board of Appeals}… Attachments: 1. Copy of Petitioner’s Application w/exhibits. 2. Copy of Public Notice. 3. Copies of e-mailed resident complaints regarding the proposed project. SH E E T Il l i n o i s P r o f e s s i o n a l D e s i g n F i r m # 1 8 4 - 0 0 1 3 2 2 65 1 P r a i r i e P o i n t e D r i v e , S u i t e 2 0 1 , Yo r k v i l l e , I l l i n o i s 6 0 5 6 0 t. 6 3 0 . 5 5 3 . 7 5 6 0 f . 6 3 0 . 5 5 3 . 7 6 4 6 ww w . h r g r e e n . c o m 1 O F 1 CONTACT INFORMATIONTELEPHONE #CITY CONTACTUNITED CITY OF YORKVILLE(630) 553-4370KRYSTI J. BARKSDALE-NOBLE, AICP COMMUNITYDEVELOPMENTDIRECTORERIC DHUSEPUBLIC WORKSDIRECTOR800 GAME FARM ROADYORKVILLE, ILLINOIS 60560CITYENGINEERING ENTERPRISES, INC.(630) 466-6700ENGINEERBRAD SANDERSON, P.E.52 WHEELER ROADSUGAR GROVE, ILLINOIS 60554COUNTYKENDALL COUNTY HIGHWAY DEPT.(630) 553-7616ENGINEERFRANCIS KLASS, P.E.6780 ROUTE 47YORKVILLE, IL 60560SANITARYYORKVILLE-BRISTOL SANITARY DISTRICT(630) 553-7657P.O. BOX 27304 RIVER STREETYORKVILLE, IL 60560ELECTRICAL POWERCOMED(630) 576-7094ILYAS MOHIUDDIN2 LINCOLN CENTRE, 6TH FLOOROAK BROOK TERRACE, IL 60181 NATURAL GASNICOR GAS(630) 388-2362CONSTANCE LANE, P.E.1844 FERRY ROADNAPERVILLE, IL 60563TELEPHONEAT&T(815) 727-0558MATT MITCHELL65 W WEBSTER JOLIET IL 60432FLOOR 4EMM3781@ATT.COMCABLECOMCAST(630) 600-6352MARTHA GIERAS680 INDUSTRIAL DRIVEELMHURST, IL 60126IEPAI.E.P.A. - PERMIT SECTION,217-782-0610DIVISION OF WATER POLLUTIONP.O. BOX 19276SPRINGFIELD, IL 62794-9276J.U.L.I.E.DESIGN TICKET #ILLINOIS JULIE,800-892-0123GEOTECHNICALT.S.C.CONTACT INFORMATIONTELEPHONE # L O C A T I O N M A P C E R T I F I C A T I O N KBL C O M M U N I T Y C E N T E R ~F O X R O A D ~ KBL CO M M U N I T Y C E N T E R L L C YO R K V I L L E , I L L I N O I S 20 1 5 65 1 P R A I R I E P O I N T E , S U I T E 2 0 1 Y O R K V I L L E , I L 6 0 5 6 0 Phone: 63 0 . 5 5 3 . 7 5 6 0 | T o l l F r e e : 8 0 0 . 7 2 8 . 7 8 0 5 | F a x : 6 3 0 . 5 5 3 . 7 6 4 6 | H R G r e e n . c o m • • R Di a l 8 1 1 o r 1 - 8 0 0 - 8 9 2 - 0 1 2 3 Kn o w w h a t ' s be l o w . Ca l l be f o r e y o u d i g . LO C A T I O N O F S E C T I O N I N D I C A T E D T H U S : - S H E E T I N D E X PR O J E C T LO C A T I O N 60 30 0 xxxxxxxxxxxx xxxxxx xxxxxxxxxxx PR O J E C T LO C A T I O N PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS ZBA 2015-02 NOTICE IS HEREWITH GIVEN THAT KBL Community Center LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the building height regulations contained in Chapter 7: Dimensional and Bulk Regulations to permit the construction of a community center with an air-supported structure which exceeds the maximum permitted building height of thirty feet (30’) in the R-2 Traditional Residential District. The real property is located on Fox Road, between Pavilion Road and Ford Drive in Yorkville, Illinois. The legal description is as follows: RECORD LEGAL DESCRIPTION OF PARENT PARCEL: THAT PART OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILWAY COMPANY, WHICH POINT, PREVIOUSLY MONUMENTED BY A CONCRETE MONUMENT, IS REPORTED TO BE 50.54 FEET, SOUTH 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG SAID RIGHT OF WAY FROM THE INTERSECTION OF SAID RIGHT OF WAY LINE AND THE NORTH LINE OF SAID SECTION 6; THENCE SOUTH 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID RAILROAD, 1,437.98 FEET; THENCE SOUTH 01 DEGREES 28 MINUTES 38 SECONDS EAST, 406.94 FEET; THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS EAST, 1,326.82 FEET; THENCE SOUTH 24 DEGREES 50 MINUTES 33 SECONDS EAST, 1,405.93 FEET; THENCE NORTH 75 DEGREES 51 MINUTES 51 SECONDS EAST, 1,556.19 FEET; THENCE NORTH 14 DEGREES 05 MINUTES 45 SECONDS WEST, 393.10 FEET; THENCE NORTH 77 DEGREES 27 MINUTES 51 SECONDS EAST, 11.20 FEET; THENCE NORTH 12 DEGREES 35 MINUTES 59 SECONDS WEST 2,406.69 FEET TO THE CENTER LINE OF FOX ROAD; THENCE SOUTH 62 DEGREES 58 MINUTES 18 SECONDS WEST, ALONG SAID CENTER LINE, 581.48 FEET; THENCE NORTH 21 DEGREES 46 MINUTES 09 SECONDS WEST, 784.86 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART IN FOX GLEN, BEING THAT PART OF THE FOREGOING NORTH OF THE CENTER LINE OF FOX ROAD, AND EXCEPT THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER LINE OF FOX ROAD AT THE SOUTHWEST CORNER OF A SUBDIVISION KNOWN AS "FOX GLEN, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS; THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS EAST ALONG THE WEST LINE OF LOT 19 IN SAID SUBDIVISION EXTENDED, 835.57 FEET; THENCE NORTH 64 DEGREES 40 MINUTES 50 SECONDS EAST 217.38 FEET; THENCE NORTH 18 DEGREES 20 MINUTES 07 SECONDS WEST 708.61 FEET; THENCE NORTH 18 DEGREES 46 MINUTES 05 SECONDS EAST 138.95 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID FOX ROAD; THENCE NORTH 25 DEGREES 41 MINUTES 24 SECONDS WEST 35.00 FEET TO SAID CENTER LINE; THENCE SOUTH 64 DEGREES 18 MINUTES 36 SECONDS WEST ALONG SAID CENTER LINE, 400.00 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. PARCEL 1 LEGAL DESCRIPTION: THAT PART OF THE SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF FOX GLEN SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 896802, SAID CORNER BEING ON THE CENTERLINE OF FOX ROAD, AS MONUMENTED AND OCCUPIED; THENCE NORTH 64 DEGREES 28 MINUTES 10 SECONDS EAST, ALONG SAID CENTERLINE, 400.00 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING NORTH 64 DEGREES 28 MINUTES 10 SECONDS EAST, ALONG SAID CENTERLINE, 555.17 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, 330.78 FEET, ALONG SAID CENTERLINE, BEING A TANGENTIAL CURVE TO THE LEFT, HAVING A RADIUS OF 17,763.03 FEET A CHORD THAT BEARS NORTH 63 DEGREES 56 MINUTES 09 EAST AND A CHORD OF 330.77 FEET; THENCE SOUTH 26 DEGREES 40 MINUTES 54 SECONDS EAST TO A POINT OF CURVATURE; THENCE SOUTHERLY 248.45 FEET ALONG A TANGENTIAL CURVE TOT THE RIGHT, SAID CURVE HAVING A RADIUS OF 1,000.00 FEET, A CHORD THAT BEARS SOUTH 19 DEGREES 33 MINUTES 51 SECONDS EAST AND A CHORD OF 247.81 FEET TO A POINT OF TANGENCY; THENCE SOUTH 12 DEGREES 26 MINUTES 48 SECONDS EAST, PARALLEL WITH THE EASTERLY LINE OF THE LANDS DESCRIBED IN DOCUMENT 201500000324, 777.59 FEET; THENCE NORTH 77 DEGREES 33 MINUTES 12 SECONDS EAST, PERPENDICULAR SAID EASTERLY LINE, 740.50 FEET TO THE SAID EASTERLY LINE; THENCE SOUTH 12 DEGREES 26 MINUTES 48 SECONDS EAST, ALONG SAID EASTERLY LINE, 979.16 FEET TO A CORNER OF SAID LANDS; THENCE SOUTH 77 DEGREES 56 MINUTES 43 SECONDS WEST ALONG A SOUTHERLY LINE OF SAID LANDS, 11.17 FEET TO A CORNER OF SAID LANDS; THENCE SOUTH 13 DEGREES 49 MINUTES 45 SECONDS EAST, ALONG THE EASTERLY LINE OF SAID LANDS, 393.10 FEET TO THE SOUTHEASTERLY CORNER OF SAID LANDS; THENCE SOUTH 76 DEGREES 00 MINUTES 39 SECONDS WEST, ALONG THE SOUTHERLY LINE OF SAID LANDS, 1,556.19 FEET TO THE SOUTHWESTERLY CORNER OF SAID LANDS; THENCE NORTH 24 DEGREES 40 MINUTES 26 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LANDS, 1,405.86 FEET TO A BEND POINT IN SAID LANDS; THENCE NORTH 25 DEGREES 09 MINUTES 03 SECONDS WEST, ALONG SAID WESTERLY LINE, 150.83 FEET TO A CORNER OF SAID LANDS; THENCE NORTH 64 DEGREES 50 MINUTES 57 SECONDS EAST, ALONG A NORTHERLY LINE OF SAID LANDS, PERPENDICULAR TO LAST DESCRIBED LINE, 217.38 FEET; THENCE NORTH 18 DEGREES 10 MINUTES 00 SECONDS WEST, ALONG A WESTERLY LINE OF SAID LANDS, 708.61 FEET TO A CORNER OF SAID LANDS; THENCE NORTH 18 DEGREES 55 MINUTES 09 SECONDS EAST, ALONG A NORTHWESTERLY LINE OF SAID LANDS, 139.00 FEET; THENCE NORTH 25 DEGREES 31 MINUTES 50 SECONDS WEST, ALONG A WESTERLY LINE OF SAID LANDS, PERPENDICULAR TO SAID CENTERLINE, 35.00 FEET TO SAID POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. PARCEL 2 LEGAL DESCRIPTION: THAT PART OF THE SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF FOX GLEN SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 896802, SAID CORNER BEING ON THE CENTERLINE OF FOX ROAD, AS MONUMENTED AND OCCUPIED; THENCE NORTH 64 DEGREES 28 MINUTES 10 SECONDS EAST, ALONG SAID CENTERLINE, 955.17 TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, 330.78 FEET, ALONG SAID CENTERLINE, BEING A TANGENTIAL CURVE TO THE LEFT, HAVING A RADIUS OF 17,763.03 FEET A CHORD THAT BEARS NORTH 63 DEGREES 56 MINUTES 09 EAST AND A CHORD OF 330.77 FEET FOR A POINT OF BEGINNING; THENCE NORTHEASTERLY, 94.38 FEET, ALONG SAID CENTERLINE, BEING CURVE TO THE LEFT, HAVING A RADIUS OF 17,763.03 FEET, A CHORD THAT BEARS NORTH 63 DEGREES 15 MINUTES 01 SECONDS EAST AND A CHORD OF 94.38 FEET TO A POINT OF TANGENCY; THENCE NORTH 63 DEGREES 05 MINUTES 53 SECONDS EAST, ALONG SAID CENTERLINE, 752.50 FEET TO THE NORTHEASTERLY LINE OF THE LANDS DESCRIBED IN DOCUMENT 201500000324; THENCE SOUTH 12 DEGREES 26 MINUTES 48 SECONDS EAST, ALONG THE EASTERLY LINE OF SAID LANDS, 1427.53 FEET; THENCE SOUTH 77 DEGREES 33 MINUTES 12 SECONDS WEST, PERPENDICULAR TO SAID EASTERLY LINE, 740.50 FEET; THENCE NORTH 12 DEGREES 26 MINUTES 48 SECONDS WEST, PARALLEL WITH SAID EASTERLY LINE, 777.59 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, 248.45 FEET, ALONG A TANGENTIAL CURVE TO THE LEFT, SAID CURVE HAVING RADIUS OF 1,000.00 FEET, A CHORD THAT BEARS NORTH 19 DEGREES 33 MINUTES 51 SECONDS WEST AND A CHORD OF 247.81 FEET TO A POINT OF TANGENCY; THENCE NORTH 26 DEGREES 40 MINUTES 54 SECONDS WEST, 198.99 FEET TO SAID POINT OF BEGINNING. The application materials for the proposed Special Use are on file with the City Clerk. NOTICE IS HEREWITH GIVEN THAT the Zoning Board of Appeals for the United City of Yorkville will conduct a public hearing on said application on Wednesday, May 6, 2015 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk From: To:Krysti Barksdale-Noble Subject:Apposed to Proposed Sports Dome Project on Fox Rd Date:Wednesday, April 15, 2015 3:46:27 PM Kristi, Director of Community Development, My husband and I have concerns about the proposed sports dome project on Fox Road. We are sending this email and are asking you to please forward it to all the members of the Plan Commission and Zoning Board of Appeals. We thank you very much for doing such. Sandra and Larry Small 221 Windham Circle Yorkville, IL 60560 To All Members of Plan Commission and Zoning Board of Appeals, We are much apposed to the Sports Dome being proposed on Fox Road. We hope you will consider our concerns and vote against the variance to allow a dome 75 feet in height to be built in a zoned residential area. We feel this would not look good aesthetically in this area nor could Fox Road handle the traffic. We also feel such a complex would have a negative effect upon the nearby home owners property values. We urge you to look at this proposal carefully from all perspectives and say NO to such a development. We have been Yorkville residents since 1970. Thank you for your considerations, Sandra and Larry Small 221 Windham Circle (River's Edge Subdivision) Yorkville, IL 60560 From:Jackie Milschewski To: Cc:Larry Kot; Bart Olson; Gary Golinski; Krysti Barksdale-Noble Subject:Re: Sports Dome on Fox Rd. Date:Tuesday, April 21, 2015 4:39:05 PM Michelle, Thank you for sharing your concerns regarding the proposed sport dome. I've copied city staff in my reply so that this information can be shared. Jackie Milschewski From: To: <jackie2ward@sbcglobal.net>; Subject: Sports Dome on Fox Rd. Sent: Tue, Apr 21, 2015 3:39:21 PM Dear Mrs. Milschewski, Hello! I live in River's Edge Subdivision off of Fox Road and I saw in the Record (first reading it now) that there is a sports dome going up directly across from Hoover's entrance. This whole concept sounds great if it was off a main road like Rt. 47 or Rt. 71. It is in no way appealing when it is jammed in a space that was meant for homes and is surrounded by subdivisions. The paper says she wants to rezone it and is asking to bend the rules for height to 75 feet! I am not sure why so many people keep coming to Yorkville asking to put strange requests like landfills, domes, etc. in and obviously not care about the citizens who are already here. Why can't we get things like chain restaurants and businesses coming here instead? Fox Road cannot handle the amount of traffic they are proposing (286 parking spots). Sporting events of any kind attract all kinds of traffic which both Fox and Pavillion are in NO condition to handle! Also, traffic backs up as is on Fox at the light. I would hate to see when an event is over and everyone is piling up all the way down Fox. We chose this subdivision because it is quiet and surrounded by residents, not businesses. A community center should be off a main street for all to see and have easy access to. I know a lot of my neighbors are concerned with the traffic, but are afraid to say anything because the center is for people with special needs and they don't want to look like the bad guy. I have nothing against special needs people, but I do have an issue with something zoned from agricultural to residential to now for business. She says it's a community for special needs children, but it is a business. All I see is my property value going down because of all the noise from the added traffic, plus the noise of the fan running this giant white eye sore. They say you can only hear it for 30 feet, but sound does travel out here in the open land. If it was an actual building that would even help, but a dome? The one in Montgomery is hideous! Fox Road is so pretty and scenic and the thought of putting this white 75 foot tall squishy Pillsbury Dough Boy structure up is just insane. We don't even have any sidewalks down Fox, but we will have a dome. I am livid that the counsel would be warm to this idea in THIS location. It is not my problem this woman Justine Brummel bought this property. Why she thought "hey, this is a great place for a community center right smack on a two lane road in the middle of subdivisions in a quiet, scenic area" was a great idea is beyond me. It's because she has an idea and we all have to pay for it and she's going to do it whether we like it or not. I am sure all my ranting and raving will get no where, but I just felt I had to say something since everyone else is afraid to say the obvious because this is a center for special needs children. I just plain do not want that structure anywhere on Fox. She said she was doing a dome because it is cheaper. Well, I could throw a camper on my lot and say that's what I am doing because it is cheaper. Wrong structure for the wrong space. Actually, there is land for sale next to the water park and that would be a perfect spot for it, not on Fox. Thank you for your time. Sincerely, Michelle Nicholson From: To:Krysti Barksdale-Noble Subject:Air-supported dome Date:Friday, April 24, 2015 3:01:52 PM Dear Ms. Noble, Please forward the following note to all members of the Plan Commission and the Zoning Board of appeals. Thank you, Pat Kalas 45 Fox Glen Dr. W Yorkville To Whom it may Concern, My husband and I moved eight years ago from Chicago to the Fox Glen neighborhood. We like living near Yorkville and enjoy our home in this semi-rural area. We are very concerned about the possibility of a 75 foot dome being built across Fox Road from our home. In our opinion, the height of the dome seems quite out-of- place in this residential area. We saw many of these air-supported domes in and around Chicago; they definitely have to be considered eyesores, especially near homes. A 10ft. berm would do very little to shield a 75ft. high, 123,750 sq. ft.(!) structure. One of our fears is that the dome will almost surely cause a drop in local real estate values. Another fear is that construction of a building of that size will involve much traffic and a lot of noise. Traffic after the dome is built is also a worry. Fox Road is, after all, only a two-lane road which already has a large amount of traffic. We respectfully ask whether any of you would favor a building of that size across from your home. Think about it. Sincerely, Pat Kalas 45 Fox Glen Dr. W Yorkville, IL 60560 My husband and I moved to Yorkville in 2014 after living and raising a family in rural Kendall County for over 30 years. My husband is retired from farming and I retired from a 26 year teaching career at a school in Kendall County. We were attracted to the White Oak Subdivision because of its rural charm and access to both conservation areas and city amenities. We also chose to live here to be close to my son who is a small business owner in Yorkville and a father to three children, two of whom attend Yorkville Public Schools. There are three reasons why we are not in support of the sports dome on Fox Road: incompatible land-uses, lack of clarity as to what the dome will be used for, and costs to the city. Incompatible land-use. The sports dome concept is not a new one. There are a number of these types of domes in the Chicago area, including two in nearby Aurora/Montgomery and Bolingbrook. These communities have chosen to locate these facilities on major highways in commercial/industrial type settings. Our city has four major highways (one of which is in the middle of a major expansion project) that could more seamlessly absorb increased traffic associated with a major sports complex. There are compelling economic reasons why communities concentrate similar land-uses – not only does this practice help make cities attractive and keeps residential areas quiet, but it helps concentrate costs associated with infrastructure, public services and roads so that the city can plan and budget appropriately for these types of projects. It would benefit everyone, including the taxpayers, if this type of facility could be placed in an area where capital expansions are already occurring or are already planned for. Also changing current zoning and allowing a commercial facility in an area zoned residential is opening a Pandora’s Box and compromising the integrity of zoning laws. Also has the noise issue been addressed? After speaking with one person, who used to reside near a dome facility, they said that the noise of keeping the dome inflated could be heard up to a mile away around the clock. Additionally, we are concerned that this facility could negatively impact the Fox Road residential and conservation corridor. The conservation areas on Fox Road not only serve Yorkville residents but also attract residents from other communities that spend money in Yorkville at restaurants and other retail outlets. The dome will change the feel of this corridor. Lack of clarity around dome operations. According to the 2009-2013 American Community Survey 5-Year Estimates, there are 65 children between the ages of 5-17 in Yorkville (<2% of the city’s school-age population) with a disability/special needs. This project is being portrayed as a facility to serve the city’s children with disabilities but it’s difficult to imagine a scenario in which a sports dome could be efficiently run with less than 100 members. Have the city and the property owner explored targeted programming options to serve these children at existing facilities (e.g., Club 47, Plano YMCA)? If the city could establish this type of partnership, it could provide a win-win solution to ensure that this important segment of the city’s population is cared for, while also ensure that our existing public facilities are fully utilized. If the intent of the facility is to also serve other segments of the population, has the true need for the sports dome been quantified? Does Yorkville Public Schools need an indoor sports facility and do they have the money to pay rental fees to access the facility? An article in the Kendall County Record stated that this facility would be rented out. Why are 286 parking spaces needed? A lot of questions exist as to who is going to use the facility and how often the facility will be utilized. Cost to the city. Has anyone fully scoped what type of service expansion (e.g., sewer, water, road) might be required to support this project in a residential area? Is the city in a position to financially support this project? As a former educator and mother, I am fully in support of providing services to Yorkville’s children with disabilities/special needs. They are an important part of our community, and are just as deserving of programs and services as any other segment of the population. However, this project doesn’t seem to be the right fit to accomplish this goal. This project could be costly to the community and it will jeopardize the Fox Road residential and conservation corridor, which is one of the most unique parts of the city. There is a lack of clarity as to the exact intent of the sports dome, which makes it difficult to truly assess the costs and benefits of the project. If the sports dome continues to generate interest in the community, I would encourage the City Manager and the City Council to require a more specific project proposal and identify a more compatible land parcel in the city that can better service this type of facility and its intended uses and not base the location of this sports dome on where one community member just happens to own land. Nancy Thompson