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Zoning Board of Appeals Packet 2015 09-02-15 ZONING BOARD OF APPEALS AGENDA Wednesday, September 2, 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): August 5, 2015 Citizen’s Comments ----------------------------------------------------------------------------------------------------------- Public Hearing: 1. ZBA 2015-04 Meadowvale, Inc., 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 development of additional parking and new buildings with a lot coverage of seventy seven percent (77%) which exceeds the maximum permitted lot coverage of sixty percent (60%) in the M-1 Limited Manufacturing District. The real property is located at 109 Beaver Street in Yorkville, Illinois. 2. ZBA 2015-05 Sycamore Holdings LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the sign regulations contained in Section 10-20-9-A-1 of the United City of Yorkville Zoning Ordinance to permit a free standing monument sign in a business district on a lot more than three (3) acres from a total of sixty-four (64) square feet in area to one hundred and fifty-five (155) square feet, from twelve (12) feet in height to eighteen and one half (18.5) feet. The real property is located at the Northeast corner of Sycamore Road and John Street 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 Page 1 of 2 DRAFT UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, August 5, 2015, 7:00pm Yorkville City Hall, Council Chambers 800 Game Farm Road Board Members in Attendance Reagan Flavin-Goins, Chairman Jeff Olson Corey Johnson Don Marcum Absent-Ryan Woods, Don Hirsch, Alex Hernandez Other City Officials in Attendance Chris Heinen, City Planner Other Guests: Christine Vitosh, Court Reporter Kelly Helland, Attorney Mr. Terry Richards, Petitioner Chairman Reagan Flavin-Goins called the meeting to order at 7:00pm. Roll call was taken and a quorum was established. Previous Meeting Minutes November 5, 2014 The minutes from 2014 were approved on a motion by Johnson and second by Goins. Roll call vote: Olson-yes, Johnson-yes, Marcum-abstain, Goins-yes. 3-yes and 1-abstain, passed. Citizen Comments None Public Hearing: At this time, Chairman Flavin-Goins swore in those who would give testimony at the 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. Page 2 of 2 A motion to close the regular meeting and open the Public Hearing was made by Johnson and seconded by Olson at 7:03pm. Roll call vote: Johnson-yes, Marcum-yes, Olson-yes, Goins-yes. Passed 4-0. (See Court Reporter's Transcript) The Hearing concluded at 7:08pm and a motion was made by Johnson and seconded by Olson to close the Public Hearing and re-open the regular Zoning Board meeting. Roll call: Goins-yes, Johnson-yes, Marcum-yes, Olson-yes. Passed 4-0. A motion was then made by Johnson and seconded by Olson to approved the Findings of Fact for petition ZBA 2015-03. Roll call: Johnson-yes, Marcum-yes, Olson-yes, Goins-yes. Passed 4-0. In discussion, Mr. Johnson asked for clarification on the staff recommendation. Mr. Heinen said the FAR is at 80%. In his memo, he said staff will be reviewing the lot coverage in all zoning districts and they are preparing a text amendment to alleviate most of these variance requests. Chairman Goins asked for a motion to approve 2015-03 and Mr. Johnson asked if the Findings of Fact should be reviewed. Mr. Heinen replied that the Findings of Fact are already in the record. Mr. Johnson then made the motion as follows: In consideration of testimony presented, 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. Jeff Olson seconded the motion. Roll call: Olson-yes, Goins-yes, Johnson-yes, Marcum-yes. Passed 4-0. Old Business None Additional Business Mr. Heinen asked the Board if they would be OK with receiving emailed agendas rather than having them delivered, to which the Board agreed. A printed copy can be requested for the meetings. Adjournment There was no further business and the meeting was adjourned at 7:14pm on a motion by Johnson and second by Olson. Unanimous voice vote approval. Minute respectfully submitted by Marlys Young Background & Request: The petitioner, Meadowvale, Inc., 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 development of additional parking and new buildings with a lot coverage of seventy seven percent (77%) which exceeds the maximum permitted lot coverage of sixty percent (60%) in the M-1 Limited Manufacturing District. The real property is located at 109 Beaver Street 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: August 25, 2015 Subject: ZBA 2015-04 – Building/Parking Expansion (Lot Coverage Variance) – Meadowvale Address Zoning Lot Area Building Area Impervious Area Lot Coverage without Impervious Area Lot Coverage with Impervious Area Required Difference 109 Beaver St.M-1 130,731 50,278 49,596 38%76%60%-16% 201 Beaver St.M-1 44,119 9,034 17,983 20%61%60%-1% 103 Beaver St.M-1 130,833 15,500 51,560 12%51%60%9% 205 Beaver St.M-1 87,317 23,315 19,300 27%49%60%11% 207 Beaver St.M-1 94,909 35,355 26,985 37%66%60%-6% 106 Beaver St.M-1 87,304 30,510 44,255 35%86%60%-26% 202 Beaver St.M-1 43,577 19,635 3,015 45%52%60%8% 204 Beaver St.M-1 43,494 7,850 3,000 18%25%60%35% 208 Beaver St.M-1 87,122 36,595 44,519 42%93%60%-33% 210 Beaver St.M-1 43,560 16,500 19,295 38%82%60%-22% The petitioner is looking to construct a building and parking lot addition onto the existing Meadowvale manufacturing facility. The building expansion will extend south towards Beaver Street and will entail an additional 17,500 square feet of manufacturing area with a 2nd floor office that will encompass an additional 5,500 square feet. As part of the building expansion, the petitioner is proposing 3 truck bays that will be completely enclosed within the building addition. The currently has 26 parking stalls and the reconfiguration of the building will relocate the existing parking stalls to the western portion of the building. After the reconstruction of the parking lot, there will be 30 total parking stalls, 1 of which will be handicap accessible. An additional curb cut is proposed approximately 120 feet to the east of the existing entry. This curb cut will allow better ingress and egress for trucks as well as employee and visitor automobiles. The overall lot coverage, which includes buildings and pavement, is approximately 77%. 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 lot coverage 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. Proposed Conditions of Variance: Based upon the above review of the proposed building and parking lot addition, should the Zoning Board of Appeals consider favorable recommendation of the Variance to the City Council, staff recommends the following conditions: 1. The project is subject to final engineering review and approval based upon comments provided in a review letter from Engineering Enterprises, Inc dated August 3, 2015. 2. The project is subject to final landscape and tree preservation approval. 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 September 22, 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 September 2, 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 building and parking lot addition with a lot coverage of seventy seven percent (77%) 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 August 25, 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 staff comments from Plan Council. 3. Copy of Engineering Comments. 4. Revised Site Plan. 5. Response letter from petitioner. 6. Copy of Public Notice. United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 AppliCAtion for VAriAnCe reqUest Purpose of Application 1 The purpose of a variance is to provide relief from certain regulations of the zoning ordinance to permit the use of land in a way that is not otherwise permitted under the ordinance. A variance is granted when the terms of the zoning ordinance, if literally applied, would create an unreasonable hardship on the landowner, making the property virtually useless. This packet explains the process to successfully submit and complete an Application for a Variance Request. It includes a detailed description of the process and the actual application itself (Pages 7 to 11). Please type the required information in the application on your computer. The application will need to be printed and be signed by the applicant. The only item that needs to be submitted to the city from this packet is the application. The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Variance Request process, please refer to “Title 10, Chapter 4, Section 7 Variations” of the Yorkville, Illinois City Code. Application Procedure Procedure Flow Chart Step 1 Submit Application, Fees, and All Pertinent Information to Community Development Department 2 Step 2 Zoning Board of Appeals Public Hearing (1st Wednesday of the Month) Step 3 City Council Meeting If Applicable (2nd and 4th Tuesday of the Month) Application Procedure Step 1 3 Application submittal The following must be submitted to the Community Development Department: 2 original signed applications with legal description. 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10” x 13” envelope. Appropriate filing fee. (See attached Fee Sheet on Page 6) 1 CD containing an electronic copy (pdf) of each of the signed application (complete with exhibit), proposed drawings, location map, and site plan. A Microsoft Word document with the legal description is required on the CD. Within one (1) week of submittal, the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Zoning Board of Appeals meeting. An incomplete submittal could delay the scheduling of the project. The Kendall County Soil and Water Conservation District requires Natural Resource Inventory (NRI) applications from applicants seeking variances. A copy of this application can be found on the District’s website (www.KendallSWCD.org). Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. • • • • Step 2 Zoning Board of Appeals Applicant will attend a public hearing conducted by the Zoning Board of Appeals. The Zoning Board of Appeals meets on the 1st Wednesday of the Month at 7:00pm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four (24) hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. Application Procedure Step 3 City Council (If Applicable) If necessary, the applicant will attend a City Council public hearing where the Zoning Board of Appeals decision will be discussed and reviewed. The City Council meets on the 2nd and 4th Tuesdays of the month at 7:00pm. Variations other than those listed above may be granted by the City Council, but only after a public hearing for an authorized variation. The concurring vote of two-thirds (2/3) of all members of the City Council shall be necessary to reverse the recommendations of the Zoning Board of Appeals. 4 If the Zoning Board of Appeals decides that the requested variance adheres to the standards set forth by the Illinois municipal code (pages 9 and 10 of the application), then the variance may be granted under these instances and no others: To permit any yard or setback less than the yard or setback required by the applicable regulations, but by no more than twenty-five percent (25%). To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title. To permit the same off street parking facility to qualify as required facilities for two (2) or more uses provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week. To reduce the applicable off street parking or loading facilities required by not more than one parking space or loading space, or twenty percent (20%) of the applicable regulations, whichever number is greater. To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served. To allow for the deferment, or land banking, of required parking facilities for a reasonable period of time, such period of time to be specified in the variance. To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations. To exceed any of the authorized variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located. If the Zoning Board of Appeals decides the requested variance follows the Illinois standards but is not included in the list of instances above, then the variance must be approved by City Council. • • • • • • • • Step 2 (cont.) Dormant Applications The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety (90) days from the time of notification. The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six (6) months from the date of that request. The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety (90) days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant’s responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011-34, 7-26-2011) • • • 5 Application Procedure inVoiCe & WorKsHeet petition AppliCAtion CONTACT: DEVELOPMENT/ PROPERTY: ____________________________________ ________________________________________ _____________________________________ Acreage: ______________ _____________________________________ Date: _____________ Concept plan review: [ ] Yes [ ] no $____________ Engineering Plan Review Deposit of $500 due Amendment: [ ] Yes [ ] no $____________ $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: [ ] Yes [ ] no $____________ $250.00, plus $10/acre for each acre over 5. # of acres: ________ - 5 = ________ x $10 = ________ + $250 rezoning: [ ] Yes [ ] no $____________ $200.00, plus $10/acre for each acre over 5. # of acres: ________ - 5 = ________ x $10 = ________ + $200 If annexing and rezoning, charge only 1 per acre fee. If rezoning to a PUD, charge PUD Development Fee- not Rezoning Fee. special Use: [ ] Yes [ ] no $____________ $250.00, plus $10/acre for each acre over 5. # of acres: ________ - 5 = ________ x $10 = ________ + $250 Zoning Variance: $85.00 [ ] Yes [ ] no $____________ Outside Consultants deposit of $500.00 due preliminary plan fee: $500.00 [ ] Yes [ ] no $____________ p.U.D. fee: $500.00 [ ] Yes [ ] no $____________ final plat fee: $500.00 [ ] Yes [ ] no $____________ engineering plan review Deposit: [ ] Yes [ ] no $____________ [ ] Less than 1 acre = $1,000 due [ ] Over 1 acre and less than 10 acres = $2,500 due [ ] Over 10 acres and less than 40 acres = $5,000 due [ ] Over 40 acres and less than 100 acres = $10,000 due [ ] Over 100 acres = $20,000 due outside Consultants Deposit: [ ] Yes [ ] no $____________ Legal, Land Planner, Zoning Coordinator, Environmental Services Annexation, Subdivision, Rezoning, and Special Use: [ ] Less than 2 acres = $1,000 due [ ] Over 2 acres and less than 10 acres = $2,500 due [ ] Over 10 acres = $5,000 due totAl AMoUnt DUe: $____________ Word/ O Drive/ Dev. Dep. ARO/ Fee Sheet Wkst United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 6 7 Name of Holder of Legal Title If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein: Property Street Address Description of Property’s Physical Location Zoning and land Use of surrounding parcels Current Zoning Classification Kendall County parcel number(s) of property North East South West Application For Variance Request Name of Applicant(s) Business Address City State ZIP Business Phone Business Fax Business Cell Business E-mail Applicant Information stAff Use onlY Date of Submission PC# Development Name Property Information Application For Variance Request 8 Agreement Attorney Name Address City State ZIP Phone Fax E-mail engineer Name Address City State ZIP Phone Fax E-mail land planner/surveyor Name Address City State ZIP Phone Fax E-mail Additional Contact Information Attachments Applicant must attach a legal description of the property to this application and title it as “Exhibit A”. Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”. Application For Variance Request Please state the variance requested and the City Ordinance including the section numbers to be varied: Please state how the particular 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 regulations was carried out: Please state how the conditions upon which the application 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: Please state how 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: 9 Variance Standards Application For Variance Request Variance Standards Please state how 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: Please state how 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: 10 Applicant Signature Date Agreement I verify that all the information in this application is true to the best of my knowledge. I understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: United City of Yorkville County Seat of Kendall County 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us Development/Property Address: Project No.: FOR CITY USE ONLY Fund Account No.: FOR CITY USE ONLY Petition/Approval Type: check appropriate box(es) of approval requested  Concept Plan Review  Amendment (Text) (Annexation) (Plat)  Annexation  Rezoning  Special Use  Mile and ½ Review  Zoning Variance  Preliminary Plan  Final Plans  P.U.D.  Final Plat petitioner Deposit Account fund: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and comm issions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15th of the month in order for the refund check to be processed and distributed by the 15th of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provid ed when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY Name/Company Name: Address: City: State: Zip Code: Telephone: Mobile: Fax: E-mail: Financially Responsible Party: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their oblig ation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may stop until the requested replenishment deposit is received. Print Name:________________________________________________ Title:________________________________________________ Signature*: ________________________________________________ Date: ________________________________________________ *The name of the individual and the person who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice-President, Chairman, Secretary or Treasurer) FOR CITY USE ONLY ACCOUNT CLOSURE AUTHORIZATION: Date Requested: ________________________________________________ ❏ Completed ❏ Inactive Print Name: __________________________________________________ ❏ Withdrawn ❏ Collections Signature: ____________________________________________________ ❏ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❏Comm Dev. ❏Building ❏Engineering ❏Finance ❏Admin. Petitioner Deposit Account / Acknowledgment of Financial Responsibility 11 PROPOSEDEXISTING BUILDING SETBACK SUMMARY REQUIRED ZONING SUMMARY FRONT PROVIDED SIDE REAR MAXIMUM BUILDING HEIGHT M-1M-1PARCEL 1 ACRESSQUARE FEETEXISTING LAND AREA SUMMARY 3.00130,731.3TOTAL LOT AREA PARKING SUMMARY REGULAR STALLS HC STALLS 224EXISTING GREEN SPACE AREA 1.2956,077.1 (LOT COVERAGE) IMPERVIOUS AREA 1.7174,654.2 % 100% 42.9% 57.1% 19+13+4+3 = 29TOTAL PARKING (PROVIDED) 30TOTAL PARKING (COMBINED) TYPICAL REGULAR PARKING SPACE SIZE 9'W x 18'D TYPICAL HC PARKING SPACE SIZE 18'W x 18'D (INCLUDING LOADING ZONE) TYPICAL EMPLOYEE PARKING SPACE SIZE 9'W X 18'D (;,67,1*‘:$7(50$,1 BUILDING SQUARE FOOTAGE SUMMARY 25 FEET 27,240 S.F. 20 FEET N/A T.B.D. 25 FEET 20 FEET N/A T.B.D. 23,038 S.F. FLOOR AREA RATIO: (FAR)NOT MORE THAN 0.80 0.39 (PROVIDED) 50,278 S.F.TOTAL BUILDING AREA (COMBINED) ACRESSQUARE FEETPROPOSED LAND AREA SUMMARY 3.00130,731.3TOTAL LOT AREA GREEN SPACE AREA (PROVIDED)0.6930,071.0 (LOT COVERAGE) IMPERVIOUS AREA 2.31100,660.3 % 100% 23.0% 77.0% 30150 PROPOSEDEXISTING 2 PER 1000 (OFFICE) PLUS REQUIRED 0.5 PER 1000 (INDUST.) 5,482/1000x2= 11 PARKS (OFFICE); 50,278 (gross buildings) - 5,482(OFFICE) 129 (SEE NOTE BELOW) =44,796-4,620(DOCKS)=40,176 (LESS 5%, NET)=38,167/1000x.5=19 PARKS(INDUST) August 25, 2015 Chris Heinen Planner United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Meadowvale, Inc. ZBA 2015-04 Meadowvale Expansion – Concept review and Lot Coverage Variance HRG Job #86150212 Dear Mr. Heinen: Please see below our responses below to the City’s review comment letter dated August 13th, 2015 in regards to the project. Responses to each comment are shown in bold following the comment. Engineering Comments: 1. Please refer to the attached comments prepared by Engineering Enterprises, Inc. (EEI) dated August 3, 2015. The following shall be submitted to the United City of Yorkville for review during the final Engineering process. a. Final Engineering Plans; RESPONSE: Noted. b. Lighting/Photometric Plan; RESPONSE: Noted. c. Landscape Plan RESPONSE: Noted. d. Engineer’s Opinion of Probable Construction Cost for public improvements including earthwork, Stormwater management, erosion control and work within the road ROW. RESPONSE: None. 2. A single lot development site plan checklist is attached. RESPONSE: None. 3. The parking requirements should be verified. RESPONSE: See response to planning comment for same information. 4. The proposed driveways need to comply with the zoning code. RESPONSE: Noted. Fire District (BKFD) Comments: 1. A sprinkler system and fire alarm system in the new section of the building as well as under the overhead dock doors will been to be shown on the plans. RESPONSE: Noted. 2. During the final engineering, please take a look at the detention pond located on the fire Districts property for possible storage. RESPONSE: Noted. Mr. Chris Heinen Meadowvale, Inc. HR Green Job No. 86150212 August 25, 2015 Page 2 of 3 Yorkville Bristol Sanitation District : 1. YBSD would like more information if you are to be using a pre-treatment system for the building expansion. RESPONSE: At the time of engineering and building architectural design, the owner and their consultants will contact the sanitation district to discuss the pretreatment requirements for the project (if applicable).. Community Development Comments: 1. Please provide a landscape plan and tree preservation plan. RESPONSE: At the time of final engineering, the requested landscaping and tree preservation plans will be prepared and submitted to the City for review. 2. Please provide a tree replacement plan. Refer to Section 8-12-2-H-2 of the Landscape Ordinance for details. RESPONSE: At the time of final engineering, the requested tree replacement plan will be prepared and submitted to the City for review. 3. Indicate on the Site Data Table the required number of parking stalls per Table 10.16.03 of the Yorkville Zoning Ordinance. There are two uses indicated on the plan, manufacturing and office,, each of which has different requirements. RESPONSE: Please refer to attached (rev1) of the conceptual engineering site plan C.01. The site data table lists the required parking calculation of 11 parks required for planned office square footage. The remaining combined existing and proposed manufacturing square footage is reduced by the aforementioned office space as well as both internal loading docks A & B from the buildings’ gross manufacturing area. The calculation is as follows. 50,278 sf – 5,482 sf (office) – 3,080 sf (dock a) – 1,540 sf (dock b) = 40,176 sf. Reduce this gross square footage by 5% to obtain net area. 40,176 sf less 5% = 38,167.2 sf x (0.5parks/1,000 sf) = 19 parks (industrial) + 5,482 (office) x (2 parks/1,000 sf) = 11 parks (office) = 30 parks (combined). The site plan has been revised to provide the minimum 24 foot wide drive isle and pickup three (3) additional stalls to achieve a provided parking count of 30 combined parks, (29 regular and 1 handicap). Note that one of the existing handicap stalls will be restriped to create two (2) regular stalls. 4. Please provide a tree replacement plan. Refer to Section 8-12-2-H-2 of the Landscape Ordinance for details. RESPONSE: At the time of final engineering, the requested tree replacement plan will be prepared and submitted to the City for review. Mr. Chris Heinen Meadowvale, Inc. HR Green Job No. 86150212 August 25, 2015 Page 3 of 3 Thank you for your consideration on the matter. If you have any questions or require any additional information, please call. I may be reached at (815) 759-8379. The project proposes to construct a temporary construction entrance at the permanent driveway Sincerely, HR GREEN, INC. Eric J. Granrud, P.E. Project Manager EJG/ cc: \\hrgmhnas\data\86150212\Design\Corr\External\ltr-08252015_CityCouncilmeeting_responses.docx PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS ZBA 2015-04 NOTICE IS HEREWITH GIVEN THAT Meadowvale, Inc., 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 development of additional parking and new buildings with a lot coverage of seventy seven percent (77%) which exceeds the maximum permitted lot coverage of sixty percent (60%) in the M-1 Limited Manufacturing District. The real property is located at 109 Beaver Street in Yorkville, Illinois. The legal description is as follows: ALL OF LOTS 4 AND 5 AND THAT PART OF LOTS 6 AND 7, BLOCK 1, FOX INDUSTRIAL PARK, UNIT 1, YORKVILLE, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 88°15'53" WEST, ALONG THE SOUTH LINE OF SAID LOT AND THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 153.33 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 01°44'07" WEST, 211.0 FEET; THENCE NORTH 88°15'53" EAST, 75.33 FEET; THENCE NORTH 01°44'07" WEST, 144.88 FEET TO THE NORTH LINE OF SAID LOT 7; THENCE NORTH 89°58'06" WEST, ALONG SAID NORTH LINE AND THE NORTH LINE OF SAID LOT 6 TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE SOUTHERLY, ALONG THE WEST LINE OF LOT 6, TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY, ALONG THE SOUTH LINE OF SAID LOT 6, TO THE POINT OF BEGINNING IN THE UNITED CITY OF YORKVILLE, 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, September 2, 2015 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game Farm Ro ad, 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, Sycamore Holdings LLC, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the sign regulations contained in Section 10-20-9-A-1 of the United City of Yorkville Zoning Ordinance to permit a free standing monument sign in a business district on a lot more than three (3) acres from a total of sixty-four (64) square feet in area to one hundred and fifty-five (155) square feet, from twelve (12) feet in height to eighteen and one half (18.5) feet. The real property is located at the Northeast corner of Sycamore Road and John Street 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: August 26, 2015 Subject: ZBA 2015-05 – Sycamore Holdings Sign Variance The petitioner is looking to construct a development sign for the property located at the northeast corner of John Street and Sycamore Road. The sign will be 18 ½ feet in height and have approximately 155 square feet of sign area. The sign will have a monument base constructed of a masonry material. The development sign will have enough panels to allow for the existing office building as well as for future tenants. Standards for Granting a Variance: The Zoning Board of Appeals must base its decision to vary, or recommend varying, the Petitioner’s request for lot coverage 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. SIGN VARIATIONS (SECTION 10-20-13): In addition to the procedures and standards listed in Section 10-4-7-C of the Zoning Code regarding variations from the requirements, the Zoning Board of Appeals also considered the following factors related to sign variance requests: 1. If the sign was erected legally with a sign permit. 2. If there are any unique physical characteristics of the property. 3. If there are limited available locations for signage on the property. 4. The cost to the applicant of complying with the sign ordinance requirements. 5. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit. 6. If the sign is on a street with twenty thousand (20,000) or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. ZBA Action: Upon closing the hearing, staff requests that the Zoning Board of Appeals make its findings for a sign 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. The property is oriented in a way that would only allow two monument signs on the property. The site lends itself to be more of an office development which would warrant a development sign of this nature. The location and orientation of the sign is situated on the property to allow for the best visibility and will not hinder the surrounding residential property owners. This item will be heard at the September 1, 2015 Economic Development Committee meeting and the outcome of this meeting will be available at the ZBA meeting. A recommendation will be forwarded to the City Council for consideration at the September 22, 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 September 2, 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 sign regulations contained in Section 10-20-9-A-1 of the United City of Yorkville Zoning Ordinance to permit a free standing monument sign in a business district on a lot more than three (3) acres from a total of sixty-four (64) square feet in area to one hundred and fifty-five (155) square feet, from twelve (12) feet in height to eighteen and one half (18.5) feet, as presented by staff in a memorandum dated August 25, 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 2015-05 NOTICE IS HEREWITH GIVEN THAT Sycamore Holdings LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the sign regulations contained in Section 10-20-9-A-1 of the United City of Yorkville Zoning Ordinance to permit a free standing monument sign in a business district on a lot more than three (3) acres from a total of sixty- four (64) square feet in area to one hundred and fifty-five (155) square feet, from twelve (12) feet in height to eighteen and one half (18.5) feet. The real property is located at the Northeast corner of Sycamore Road and John Street in Yorkville, Illinois. The legal description is as follows: PARCEL 1: LOTS 3 AND 4, IN RESUBDIVISION OF LOT 1 IN FOX HILL, UNIT 6, A PLANNED UNIT DEVELOPMENT, BEING A RESUBDIVISION OF LOT 1 IN FOX HILL, UNIT 6, BEING A SUBDIVISION OF PART OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED AUGUST 30, 2005 AS DOCUMENT 200500026016, AND CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 25, 2005 AS DOCUMENT 200500029458, EXCEPTING THEREFROM THAT PART SUBMITTED TO THE CONDOMINIUM ACT BY THE DECLARATION OF CONDOMINIUM FOR THE FOX CENTER NORTH CONDOMINIUM RECORDED NOVEMBER 2, 2007 AS DOCUMENT 200700032453 AND AMENDMENTS THERETO RECORDED FROM TIME TO TIME, ALL IN KENDALL COUNTY, ILLINOIS. PARCEL 2: UNITS 1458B AND 1456 IN THE FOX CENTER NORTH CONDOMINIUM AS DELINEATED ON A SURVEY OF THE FOLLOWING DESCRIBED REAL ESTATE: PART OF LOTS 3 AND 4, IN RESUBDIVISION OF LOT 1 IN FOX HILL, UNIT 6, A PLANNED UNIT DEVELOPMENT, BEING A RESUBDIVISION OF LOT 1 IN FOX HILL, UNIT 6, BEING A SUBDIVISION OF PART OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED AUGUST 30, 2005 AS DOCUMENT 200500026016, AND CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 25, 2005 AS DOCUMENT 200500029458, IN KENDALL COUNTY, ILLINOIS, WHICH SURVEY IS ATTACHED AS EXHIBIT "B" TO THE DECLARATION OF CONDOMINIUM RECORDED NOVEMBER 2, 2007 AS DOCUMENT 200700032452, TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS, AS AMENDED FROM TIME TO TIME. 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, September 2, 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