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Zoning Board of Appeals Packet 2015 08-05-15 ZONING BOARD OF APPEALS AGENDA Wednesday, August 5, 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 2015-03 Terry Richards, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the lot coverage regulations contained in Chapter 7: Dimensional and Bulk Regulations, Section 10-7-1 of the United City of Yorkville Zoning Ordinance, to permit the construction of a public storage facility with a lot coverage of eighty percent (80%) which exceeds the maximum permitted lot coverage of sixty percent (60%) in the M-1 Limited Manufacturing District. The real property is located at 147 Commercial 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 Background & Request: The petitioner, Terry Richards, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the lot coverage regulations contained in Chapter 7: Dimensional and Bulk Regulations, Section 10-7-1 of the United City of Yorkville Zoning Ordinance, to permit the construction of a public storage facility with a lot coverage of eighty percent (80%) which exceeds the maximum permitted lot coverage of sixty percent (60%) in the M-1 Limited Manufacturing District. The real property is located at 147 Commercial Drive in Yorkville, Illinois. Memorandum To: Zoning Board of Appeals From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: July 28, 2015 Subject: ZBA 2015-03 – Self Storage Facility (Lot Coverage Variance) – Lot 19 Commercial Drive Address Zoning Lot Area Building Area Impervious Area Lot Coverage without Impervious Area Lot Coverage with Impervious Area Required Difference 147 Commercial M-1 156,830 61,375 64,468 39%80%60%-20% 125 Commercial B-3 58,714 9,210 16,470 16%44%50%6% 129 Commercial B-3 167,910 46,260 74,950 28%72%50%-22% 176 Commercial M-1 46,218 12,530 11,400 27%52%60%8% 181 Commercial M-1 43,017 19,350 12,950 45%75%60%-15% 202-204 Boombah B-3 927,676 282,725 530,700 30%88%50%-38% 203 Commercial M-1 43,132 11,700 7,220 27%44%60%16% 210 Commercial M-1 44,544 12,640 10,440 28%52%60%8% 247 Commercial M-1 43,356 11,470 11,250 26%52%60%8% 259 Commercial M-1 246,858 19,000 145,350 8%67%60%-7% 305 Boombah M-1 173,823 18,000 46,160 10%37%60%23.09% The petitioner is looking to construct nine (9) self storage buildings ranging from 2,000 square feet to 12,000 square feet in size and will have a total of 322 storage units. The main entrance will be located on Commercial Drive. The petitioner is proposing five (5) parking stalls, which includes one (1) handicapped accessible stall. The plan also indicates an additional three (3) parking stalls for the future, if needed. The overall lot coverage, which includes buildings and pavement, is approximately 80%. This calculation is above the maximum permitted 60% lot coverage. Existing Conditions: The existing lot coverage for properties surrounding the subject property are as indicated below: There are a couple of areas of interest regarding the chart above. First, that all of the properties met the minimum lot coverage when calculated prior to the current zoning ordinance. Since then, several of the lots will now fall into the nonconforming category as they currently exceed the maximum requirements for each zoning classification respectively. Staff is aware of this new issue with existing lots and will be revising the zoning ordinance to increase the lot coverage for the M-1 zoning district as well as all of the other zoning classifications. 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 variance standards as part of their application and requests inclusion of those responses into the public record. ZBA Action: Upon closing the hearing, staff requests that the Zoning Board of Appeals make its findings for lot coverage 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. Lot Coverage 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 Comments: The proposed variance of the property is supported by staff. Several of the properties in the area exceed the maximum lot coverage requirements to date. The petitioner is also meeting the maximum FAR which is more restrictive than the lot coverage. Again, staff will be reviewing the lot coverage in all zoning districts and bring forward a text amendment to alleviate a majority of these variance requests. A recommendation will be forwarded to the City Council for consideration at the August 25, 2015 regularly scheduled meeting. Staff will be available to answer any question the Zoning Board may have at Wednesday night’s meeting. Proposed Motion for Variance: In consideration of testimony presented during a Public Hearing on August 5, 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 lot coverage regulations contained in Chapter 7: Dimensional and Bulk Regulations, Section 10-7-1 of the United City of Yorkville Zoning Ordinance, to permit the construction of a public storage facility with a lot coverage of eighty percent (80%) which exceeds the maximum permitted lot coverage of sixty percent (60%) in the M-1 Limited Manufacturing District, as presented by staff in a memorandum dated July 28, 2015 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. PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS ZBA 2015-03 NOTICE IS HEREWITH GIVEN THAT Terry Richards, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the lot coverage regulations contained in Chapter 7: Dimensional and Bulk Regulations, Section 10-7-1 of the United City of Yorkville Zoning Ordinance, to permit the construction of a public storage facility with a lot coverage of eighty percent (80%) which exceeds the maximum permitted lot coverage of sixty percent (60%) in the M-1 Limited Manufacturing District. The real property is located at 147 Commercial Drive in Yorkville, Illinois. The legal description is as follows: LOT 19 FINAL PLAT OF SUBDIVISION YORKVILLE BUSINESS CENTER UNIT 3 BEING A PART OF THE WEST HALF OF SECTION 16 AND PART OF THE EAST HALF OF SECTION 17, ALL IN THE TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED MAY 21, 2001 AS DOCUMENT 200100008620 IN KENDALL COUNTY, ILLINOIS. The application materials for the proposed Variance 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, August 5, 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