Plan Commission Packet 2016 04-20-16 Special Meeting
SPECIAL PLAN COMMISSION MEETING
AGENDA
Wednesday, April 20, 2016
Yorkville City Hall Council Chambers
800 Game Farm Road
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous meeting minutes: February 10, 2016
Citizen’s Comments
--------------------------------------------------------------------------------------------------------------------
Public Hearings
1. PC 2016-05 BBB Farms LLC, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting rezoning approval from R-2, Single-Family
Traditional Residence District to A-1, Agricultural District. The real property is located on
Fox Road, between Pavilion Road and Ford Drive in Yorkville, Illinois.
2. PC 2016-06 The United City of Yorkville, Kendall County, Illinois, petitioner, is proposing
a text amendment to Chapter 6: Permitted and Special Uses in the Zoning Ordinance to
identify Commercial school, trade school as special uses in the M-1 Limited Manufacturing
and M-2 General Manufacturing districts and proposing a text amendment to Chapter 2:
Rules and Definitions in the Zoning Ordinance to redefine the definition of trade school to
“A school established to provide for the teaching of academic, industrial, clerical,
managerial, artistic skills, or alternative education. This definition applies to schools that are
owned and operated privately for profit or non profit and that may offer a complete education
curriculum.” This text amendment will provide regulations for the establishment and
operation of such uses in these zoning districts.
3. PC 2016-07 Terry Richards, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting to amend a special use approved for a public
storage facility pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance.
The amendments to the special use include relocation of the buildings on the property,
increasing the number of buildings on the property and increasing the landscape materials, all
as shown on a new site plan for the development of the property. The real property is located
at 147 Commercial Drive in Yorkville, Illinois.
4. PC 2016-08 Tairi Grace, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting special use permit approval for a
Commercial/Trade School for a private, non-profit school with an emphasis on holistic health
education within the M-1, Limited Manufacturing District pursuant to Chapter 6, Table
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
10.06.02 of the Yorkville Zoning Ordinance. The real property is located at 319 E. Van
Emmon Road, in Yorkville, Illinois.
Old Business
New Business
1. PC 2016-05 BBB Farms LLC, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting rezoning approval from R-2, Single-Family
Traditional Residence District to A-1, Agricultural District. The real property is located on
Fox Road, between Pavilion Road and Ford Drive in Yorkville, Illinois.
- Action Item
Rezoning
2. PC 2016-06 The United City of Yorkville, Kendall County, Illinois, petitioner, is proposing
a text amendment to Chapter 6: Permitted and Special Uses in the Zoning Ordinance to
identify Commercial school, trade school as special uses in the M-1 Limited Manufacturing
and M-2 General Manufacturing districts and proposing a text amendment to Chapter 2:
Rules and Definitions in the Zoning Ordinance to redefine the definition of trade school to
“A school established to provide for the teaching of academic, industrial, clerical,
managerial, artistic skills, or alternative education. This definition applies to schools that are
owned and operated privately for profit or non profit and that may offer a complete education
curriculum.” This text amendment will provide regulations for the establishment and
operation of such uses in these zoning districts.
- Action Item
Text Amendment
3. PC 2016-07 Terry Richards, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting to amend a special use approved for a public
storage facility pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance.
The amendments to the special use include relocation of the buildings on the property,
increasing the number of buildings on the property and increasing the landscape materials, all
as shown on a new site plan for the development of the property. The real property is located
at 147 Commercial Drive in Yorkville, Illinois.
- Action Item
Special Use
4. PC 2016-08 Tairi Grace, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting special use permit approval for a
Commercial/Trade School for a private, non-profit school with an emphasis on holistic health
education within the M-1, Limited Manufacturing District pursuant to Chapter 6, Table
10.06.02 of the Yorkville Zoning Ordinance. The real property is located at 319 E. Van
Emmon Road, in Yorkville, Illinois.
- Action Item
Special Use
Additional Business
1. City Council Action Updates
The following items were presented to the City Council on February 23, 2016.
a. PC 2016-02 The Law Office Corporation, petitioner, has filed
applications with the United City of Yorkville, Kendall County, Illinois,
requesting special use permit approval for a proposed tavern – nightclub
or lounge in an existing building zoned within the B-2 Retail Commerce
Business District pursuant to Chapter 6, Table 10.06.03 of the Yorkville
Zoning Ordinance. The real property is located at 226 South Bridge Street
in Yorkville, Illinois.
b. PC 2016-03 Unified Faith in Christ Church, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois,
requesting special use permit approval for a Small Religious Institution
that is defined in Section 10-2-3 of the Yorkville Zoning Ordinance as
having less than 400 seats and 8,000 square feet of floor area in an
existing building zoned within the M-1, Limited Manufacturing District
pursuant to Chapter 6, Table 10.06.02 of the Yorkville Zoning Ordinance.
The real property is located at 210 Beaver Street, Unit A in Yorkville,
Illinois.
Adjournment
DRAFT
UNITED CITY OF YORKVILLE
PLAN COMMISSION
City Council Chambers
Wednesday, February 10, 2016 7:00pm
Meeting Called to Order
Chairman Randy Harker called the meeting to order at 7:00pm.
Roll Call
Roll call was taken and a quorum was established.
Deb Horaz-yes, Chuck Galmarini-yes, Reagan Goins-yes, Charles Kraupner-yes, Richard
Vinyard-yes, Randy Harker-yes
Absent: Michael Crouch
City Staff
Krysti Barksdale-Noble, Community Development Director
Mr. Chris Heinen, City Planner
Lynn Dubajic, Economic Development Consultant
Other Guests
Chris Vitosh, Court Reporter Anna Jaruszewski
Jeff Jaruszewski Thomas Nelson, Unified Faith in Christ Church
Rich Hazlett, Bridge St. Plaza Stacy Hazlett, Bridge Street Plaza
Boyd Ingemunson, The Law Office Corp.
Pastor Will Shore, Unified Faith in Christ Church
Previous Meeting Minutes January 13, 2016
Ms. Goins moved and Mr. Kraupner seconded a motion for approval as presented.
Roll call: Horaz-yes, Galmarini-yes, Goins-yes, Kraupner-yes, Vinyard-yes, Harker-yes
Passed 6-0.
Citizen’s Comments None
Public Hearings
At approximately 7:01pm, Ms. Horaz moved to enter into the Public Hearings and Ms.
Goins seconded. Chairman Harker explained the proceedings for the Hearings and
swore in those who would give testimony. Mr. Kraupner moved and Ms. Goins
seconded the motion to open PC 2016-02 and PC 2016-03.
Roll call for motions: Goins-yes, Kraupner-yes, Vinyard-yes, Horaz-yes, Galmarini-yes,
Harker-yes. Passed 6-0.
Page 1 of 4
1. PC 2016-02 The Law Office Corporation, petitioner, has filed applications with
the United City of Yorkville, Kendall County, Illinois, requesting special use
permit approval for a proposed tavern - nightclub or lounge in an existing
building zoned within the B-2 Retail Commerce Business District pursuant to
Chaper 6, Table 10.06.03 of the Yorkville Zoning Ordinance. The real property is
located at 226 South Bridge Street in Yorkville, Illinois.
2. PC 2016-03 Unified Faith in Christ Church, petitioner, has filed an application
with the United City of Yorkville, Kendall County, Illinois, requesting special use
permit approval for a Small Religious Institution that is defined in Section 10-2-3
of the Yorkville Zoning Ordinance as having less than 400 seats and 8,000 square
feet of floor area in an existing building zoned within the M-1 Limited
Manufacturing District pursuant to Chapter 6, Table 10.06.02 of the Yorkville
Zoning Ordinance. The real property is located at 210 Beaver Street, Unit A in
Yorkville, Illinois.
(See Court Reporter's Transcript for a record of the proceedings)
Also to be included in the official record are the Findings of Fact written response from
the applicant for PC 2016-02.
At approximately 7:27pm a motion to close the Hearings was made by Ms. Horaz and
seconded by Mr. Galmarini.
Roll call: Galmarini-yes, Goins-yes, Kraupner-yes, Vinyard-yes, Horaz-yes, Harker-yes.
Passed 6-0.
Old Business None
New Business
1. PC 2016-02 The Law Office Corporation (see #1 above)
The Findings of Fact were reviewed and the petitioner's written responses will be entered
into the official record. There was no further discussion.
Action Item
Special Use
A motion was then made by Commissioner Vinyard for approval of the petition as
follows: In consideration of testimony presented during a Public Hearing on February
10, 2016 and discussion of the Findings of Fact, the Plan Commission recommends
approval to the City Council a request for Special Use authorization for the operation of a
proposed bar/tavern with live music within an existing building zoned in the B-2 General
Business District located at 226 South Bridge Street. Commissioner Kraupner seconded
the motion.
Roll call: Kraupner-yes, Vinyard-yes, Horaz-yes, Galmarini-yes, Goins-yes, Harker-yes
Passed 6-0
2. PC 2016-03 Unified Faith in Christ church (See #2 above)
It was noted the parking had been addressed. Chairman Harker referred to a comment
made in the Public Hearing regarding the church being involved in the community. He
said the Food Pantry is nearby and is a great opportunity for the church. The
Commission then considered the Findings of Fact.
Page 2 of 4
Action Item
Special use
A motion to approve the petition was made by Ms. Goins as follows: In consideration of
testimony presented during a Public Hearing on February 10, 2016 and discussions
conducted at that meeting, the Plan Commission recommends approval to the City
Council a request for Special Use approval for a Small Religious Institution that is
defined in Section 10-2-3 of the Yorkville Zoning Ordinance as having less than 400
seats and 8,000 square feet of floor area in an existing building zoned within the M-1,
Limited Manufacturing District pursuant to Chapter 6, Table 10.06.02 of the Yorkville
Zoning Ordinance located at 210 Beaver Street, Unit A, subject to staff recommendations
and conditions in a memo dated February 3, 2016. The motion was seconded by Mr.
Kraupner.
Roll call: Vinyard-yes, Horaz-present, Galmarini-yes, Goins-yes, Kraupner-yes, Harker-
yes. Passed 5 yes and 1 present.
Additional Business
1. City Council Action Updates
a. PC 2015-16
Mr. Heinen reported the GC Housing/senior development request for rezoning proceeded
to City Council and was tabled until February 23.
b. PC 2015-17
There was no further City Council comment on the petition requesting a Special Use for a
landscape company in Kendall County.
2. Year in Review 2015
Ms. Noble said about 14 applications were filed in 2015 with only about 5 coming to the
Plan Commission.
She also had 2 items for discussion. At the February 9th City Council meeting, there was
a Plan Commission revision. She said 2 members have resigned and the ordinance was
amended to require only 7 members. She also announced that Mr. Galmarini will be
resigning after this meeting. There was also discussion about combining the ZBA and
Plan Commission. The State only requires one of these bodies (which serve different
functions) to make recommendations. It was noted that Oswego is also combining their
boards.
Ms. Noble said the difference between ZBA and Plan Commission is that some actions at
ZBA are final. Plan Commission has the ability to review land use plans and other plans
requiring special uses, text amendments, etc.
If the boards are combined, it is likely the Plan Commission would only be advisory. Ms.
Horaz asked how the 2 Boards would be combined. An ordinance would be needed to
abolish the ZBA and the Plan Commission responsibilities would have to be revised and
an amendment to the muncipal code would be needed. Combining the two would also be
a cost savings to the City. Ms. Noble asked Commissioners to email comments if they
desire.
Page 3 of 4
In other 2015 items for review, Ms. Noble said there were four text amendments to the
zoning ordinance.
The Comp Plan should be done by summer and the Plan Commission will review the
final draft and make formal recommendations. There will be changes to the Zoning
Ordinance included in the plan.
Commissioner Horaz asked about projects the Plan Commission has approved. One of
these was Heartland Meadows which has not yet had the final plat recorded. It is thought
it's due to the pending completion of another project to free up capital. Another project
approved by this Commission was the Dunkin Donuts on the south side. The nearby Car
Care service business had to sign off on the development agreement, however, the
business has been since sold and the new owners are not communicating with the
developer/Dunkin Donuts. The City will be assisting in this matter since construction
must be started by March 1st to receive sales tax rebates according to the agreement.
Adjournment
There was no further business and the meeting was adjourned at 7:49pm on a motion by
Mr. Kraupner and second by Ms. Horaz. Voice vote approval.
Transcribed by
Marlys Young, Minute Taker
Page 4 of 4
Background & Request:
The petitioner, BBB Farms LLC, petitioner, has filed an application with the United City
of Yorkville, Kendall County, Illinois, requesting rezoning approval from R-2, Single-Family
Traditional Residence District to A-1, Agricultural District. The real property is located on Fox
Road, between Pavilion Road and Ford Drive in Yorkville, Illinois.
Memorandum
To: Plan Commission
From: Chris Heinen, Planner
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: March 30, 2016
Subject: Rezoning request of the Silver Fox development located on Fox
Road, between Pavilion Road and Ford Drive.
1
The property was annexed pursuant to an
annexation agreement on August 8, 2006 to the City of
Yorkville by the Midwest Development group by
Ordinance 2006-69. The property was zoned R-2
Single Family Residence District and is known as the
Silver Fox Development. The Silver Fox subdivision
was approved for a 172-unit single-family residential
development. The original developer, Midwest
Development LLC, secured Concept Plan approval only
for the approximately 102 acre property but was never
granted Preliminary or Final Plat approval. The land
has remained undeveloped since that time. In March of
2015, an application for a special use for an air-
supported dome structure for indoor athletic recreation
was submitted to the City for review. The petitioner
has since withdrawn and was never formally approved
by City Council.
The petitioner recently purchased the property
and is looking to maintain the agricultural use. As part
of the first amendment to the annexation agreement
dated May 26, 2015 by Ordinance 2015-28, the property was to repeal any and all cross
contingencies and obligations which are now valid against developable area and remain within
the R-2 zoning classification. Additionally, the current use, agricultural, shall be permitted to
continue as a legal non-conforming use. This legal non-conforming use status would expire on
August 7, 2026 and per the Zoning Ordinance, Section 10-15-4D, “any nonconforming use of
land where no enclosed building is involved, or where the only buildings employed are accessory
or incidental to such use, or where such use is maintained in connection with a conforming
building, shall be removed after a period of two (2) years.” This would require the petitioner to
apply for an extension every two years in order to maintain the agricultural use. It is the intent of
the petitioner to continue farming the property beyond the agreement time frame and is therefore
requesting the rezoning to Agriculture.
Comprehensive Plan:
The City’s Comprehensive Plan Update 2008 has
designated this parcel primarily as “Suburban
Neighborhood” which is intended primarily for single-
family detached residences. It is also designated as
“Park/Open Space” which is intended to preserve existing
public open spaces such as recreational areas (park lands),
existing privately held open space properties such as
cemeteries, while identifying environmentally sensitive
areas to establish appropriate locations for new designated
open spaces. It should be noted that a majority of the
subdivisions planned for this area were
approved prior to the Comprehensive
Plan being adopted in 2008. A majority
of these uses within the Comp Plan
2
mimicked what was approved for a site or the existing zoning at the time of approval.
As part of the proposed Comprehensive Plan Update concurrently being revised by The
Lakota Group, this area is intended to be designated as Estate/Conservation Residential. These
neighborhoods are intended to provide flexibility for residential design in areas of Yorkville that
can accommodate low density detached single family housing but also include sensitive
environmental and scenic features that should be retained and enhanced. Such neighborhoods
can be characterized by conventional development, such as detached housing on large lots, or
conservation design by clustering homes together that leave undeveloped green pace for
agriculture, preservation of historic and cultural resources, and open space for community use. In
conservation design, generally 40 to 60 percent of a development site is set aside in conservation
areas; therefore, homes may be built on smaller lots than in a conventional estate-type
subdivision. Suitable locations for Estate/Conservation Residential neighborhoods include areas
that serve as suitable transitions from Suburban Neighborhoods to agricultural zones, and places
of identifiable scenic views, tree masses and environmental features. It should be noted that the
update to the comp plan is currently being reviewed and has not been approved by City Council.
Additionally, recommendations from the proposed Comp Plan update will include filling in
existing subdivisions as a priority as the City has several years of inventory for single family
detached homes. Due to the amount of inventory within the city, staff feels that this property
would not develop within the next five to ten years and would remain agricultural in nature.
Existing Conditions:
As you can see by the aerial on Page 1 of this memo, the subject property and
surrounding properties are mainly agricultural in nature, with the exception of the Hoover Forest
Preserve and the Fox Glen Subdivision. 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 Vacant/Farm Land
South Kendall County Vacant/Farm Land
West Kendall County Farmstead/Farm Land
Amendment Criteria:
Section 10-4-10B of the City’s Zoning Ordinance establishes standards for proposed
amendment requests. Where the purpose and effect of the proposed amendment are to change
the zoning classification of a particular property, the plan commission shall make findings based
upon the evidence presented to it in each specific case with respect to the following matters:
1. The existing uses and zoning of nearby property.
2. The extent to which the property values are diminished by the particular zoning
restrictions.
3. The extent to which the destruction of property values of plaintiff promotes the health,
safety, morals or general welfare of the public.
3
4. The relative gain to the public as compared to the hardship imposed upon the individual
property owner.
5. The suitability of the subject property for the zoned purposes.
6. The length of time the property has been vacant as zoned considered in the context of
land development in the area in the vicinity of the subject property.
7. The community need for the purposed use.
8. The care to which the community has undertaken to plan its land use development.
The applicant has provided written responses to these amendment standards as part
of their application and requests inclusion of those responses into the public record.
Staff Comments:
This petition was discussed at the March 1, 2016 Economic Development Committee
meeting. There were no additional comments generated from this meeting. A recommendation
from the Plan Commission will be forwarded to the City Council for consideration at the April
26, 2016 regularly scheduled meeting.
Staff will be available to answer any question the Plan Commission may have at
Wednesday night’s meeting.
Proposed Motion for Rezoning:
In consideration of testimony presented during a Public Hearing on April 13, 2016 and
discussions conducted at that meeting, the Plan Commission recommends approval to the City
Council a request for rezoning approval from R-2, Single-Family Traditional Residence
District to A-1, Agricultural District. The real property is located on Fox Road, between
Pavilion Road and Ford Drive in Yorkville, Illinois, subject to staff recommendations and
conditions in a memo dated March 30, 2016, and further subject to {insert any additional
conditions of the Plan Commission}…
Attachments:
1. Copy of Petitioner’s Application
2. Ordinance 2006-69
3. Ordinance 2015-28
4. Section 10-15-4D of the Zoning Ordinance
5. Copy of Public Notice
4
DE]EIIc I E
G I L-t—ETTE
KENDALL COUNTY, IL
RECORDED: 9/24/2015 3:86 PM
ORDI: 59.88 RNSPS FEE: 10.88
PAGES: 14
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2015-28
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING THE FIRST AMENDMENT TO AN ANNEXATION
AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE,KENDALL
COUNTY,ILLINOIS AND JUSTINE BRUMMEL
This is the first amendment to the Annexation Agreement for the Silver Fox Subdivision
recorded as Document#200600031425.
i
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 26"'day of May, 2015
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on September 24,2015.
Ordinance No. 2015-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING THE FIRST AMENDMENT TO AN ANNEXATION
AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS AND JUSTINE BRUMMEL
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the City and Midwest Development, LLC entered into an Annexation
Agreement dated August 8, 2006 (the "Original Agreement") which provided, among other
things, for the annexation into the City and the development of approximately 100 acres (the
Subject Property") in accordance with an R-2 Single Family Residence District to be known as
Silver Fox"; and,
WHEREAS, the Subject 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," and all of the parties in interest, or their successors in interest,
now desire to unwind any and all of the cross contingencies and obligations of the Southwest
Infrastructure Developments; and,
WHEREAS, the City desires to amend each of the annexation agreements as executed by
each member of the Southwest Infrastructure Developments to remove all cross contingencies
and obligations on the condition that all five owners of the Southwest Infrastructure
Developments agree to such amendments; and,
WHEREAS, all notices required by law relating to an amendment to the Original
Agreement have been given to the persons or entities entitled thereto, pursuant to the applicable
provisions of the Illinois Compiled Statutes; and,
WHEREAS, as required by the Illinois Municipal Code, the Mayor and City Council of
the City duly fixed the time and the place for a public hearing on the amendment to the Original
Agreement, and pursuant to legal notice, held said hearing on May 12, 2015 all as required by
the provisions of the Illinois Compiled Statutes and the City's Ordinances.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The First Amendment To An Annexation Agreement By And Between The
United City"Of Yorkville, Kendall County, Illinois And Justine Brummel, attached hereto
Ordinance No. 2015-cZg
Page 2
and made a part hereof, is hereby approved and the Mayor and City Clerk are hereby
authorized and directed to execute and deliver said First Amendment on behalf of the City.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of A.D. 2015.
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER y JOEL FRIEDERS
DIANE TEELING SEAVER TARULIS
A pp roved by me as Mayor of the United City of Yorkville Kendall County, Illinois, this
y day of JEPTE M 6F-R- ,A.D. 2015.
MAYO
Attest:
2
C CLERK
Published in pamphlet form:
5EPTE*16Er2 15 , 2015
Ordinance No.2015-Q8
Page 3
FIRST AMENDMENT TO AN ANNEXATION AGREEMENT BY AND BETWEEN
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND
JUSTINE BRUMMEL
This First Amendment to an Annexation Agreement dated August 8, 2006 (the "Original
Agreement") by and between the United City of Yorkville, Kendall County, Illinois, a municipal
corporation (the "City"), and Midwest Development, LLC (the "Original Owner") is made and
entered into this y day of SEP TEM 6EK , 2015, by and between the City and Justine
Brummel of 12565 Fox Road, Yorkville, Illinois 60560 ("Successor Owner").
WHEREAS, the City and the Original Owner entered into the Original Agreement which
provided, among other things, for the annexation into the City and the development of
approximately 100 acres (the "Subject Property") in accordance with an R-2 Single Family
Residence District to be known as "Silver Fox"; and,
WHEREAS, the Original Agreement further provided for the development of 172 single-
family residences as shown on a Preliminary Plat attached thereto as Exhibit B; the establishment
of a Special Service Area as the primary funding mechanism for the installation of the necessary
public improvements; and obligated the City to issue "Special Revenue Bonds" payable from
special taxes levied on several service areas, contingent upon the annexation of four (4)
additional developments (all five collectively defined therein as the "Southwest Infrastructure
Developments"); and, the execution of recapture/recovery agreements to reimburse the
Developer for improvements constructed by the Developer which benefitted property other than
the Subject Property; and,
WHEREAS, the Subject Property was never developed, nor any other area included in
any one of the Southwest Infrastructure Developments and all of the parties in interest, or their
1
successors in interest, now desire to unwind any and all of the cross contingencies and
obligations of the Southwest Infrastructure Developments; and,
WHEREAS, the City desires to amend each of the annexation agreements as executed by
each member of the Southwest Infrastructure Developments to remove all cross contingencies
and obligations on the condition that all five owners of the Southwest Infrastructure
Developments agree to such amendments.
NOW, THEREFORE, in consideration of the foregoing mutual covenants, agreements
and conditions herein set forth,the City and the Successor Owner agree as follows:
Section 1. The Original Agreement is hereby repealed in its entirety and replaced with
this First Amendment.
Section 2. Zoning. The Subject Property has been classified in the R-2 Single Family
Residence Zoning District in accordance with the United City of Yorkville Zoning Ordinance
and the Successor Owner of the Subject Property shall have the right to develop the Subject
Property pursuant to said Zoning Ordinance, the City's Subdivision Ordinance and all other
ordinances applicable to R-2 Single Family Residence development, as in effect at the time of
the development of the Subject Property.
Portions of the Subject Property are presently being used for agricultural purposes and,
notwithstanding any provision of the City Code now in effect or adopted during the Term (as
hereinafter defined) of this First Amendment, and notwithstanding the City's zoning of the
Subject Property, the current uses shall be permitted to continue as a legal non-conforming use.
Section 3. Annexation to Sanitary District.
On or before the development of the Subject Property, the Successor Owner hereby
agrees to file any necessary petitions and agreements to request annexation thereof to the
2
Yorkville Bristol Sanitary District ("YBSD") for the purpose of extending and connecting to the
sanitary sewer lines and treatment facilities of YBSD. The City shall fully cooperate with the
Successor Owner in obtaining such permits as may be required from time to time by both federal
and state law, including, without limitation, the Illinois Environmental Protection Act, in order to
permit the construction and connection of sanitary sewer lines to the YBSD facilities to serve the
Subject Property.
Section 4. Sanitary Sewer and Water Improvements.
A. Successor Owner's Obligation. At its sole cost and expense, upon development
of the Subject Property, the Successor Owner shall be obligated to construct all on-site sanitary
sewer collection lines and all other on-site improvements as approved by the City for the
collection of sanitary sewage generated by the Subject Property (the "Sewer Improvements") and
all on-site water mains, distribution lines, and other improvements as approved by the City for
the provision of potable water to the Subject Property (the "Water Improvements"), in
accordance with the City Code. Should the City determine that a well and water treatment
facility to be located on the Subject Property or a water tower is required, such improvements
shall be considered an off-site improvement to be performed by the City at the cost of the
Successor Owner. In the event the City determines a need for off-site Sewer Improvements,
such off-site Sewer Improvements shall be performed by the City at the cost of the Successor
Owner.
B. Dedication. Upon completion of construction or installation of the Sewer
Improvements and Water Improvements, the Successor Owner shall dedicate to the City those
portions of the Sewer Improvements and Water Improvements that are required to be dedicated
in accordance with the City Code (the "Public Sewer and Water Improvements").
3
Section S. Storm Water Improvements.
A. Successor Owner's Obligation. Upon development of the Subject Property at its
own cost, the Successor Owner shall be obligated to construct all storm sewers, detention
systems, and compensatory storage facilities as approved by the City for storm water drainage
from the Subject Property ("Storm Water Improvements") in accordance with the City Code.
B. Dedication. Upon completion of construction, all Storm Water Improvements
shall be owned and maintained by the Successor Owner. The Successor Owner shall dedicate a
maintenance easement or easements to the City allowing the City to maintain the Storm Water
Improvements.
Section 6 Repeal of all Cross Contingencies and Cross Obligations of the Southwest
Infrastructure Developments. The Successor Owner and City agree that the enforceability of this
First Amendment is contingent upon the approval, execution and recordation of amendments to
the original annexation agreements for each of the other members of the Southwest Infrastructure
Developments, namely: Chally Farm, Aspen Ridge, Yorkwood Estates and Evergreen Farm.
Upon approval, execution and recordation of this First Amendment and amendments to all of the
annexation agreements for each of the Southwest Infrastructure Developments, the Original
Agreement shall be repealed and deemed to be null and void.
Section 7. Security Instruments. As required by City Code, the Owner Successor shall
deposit, or cause to be deposited with the City such letters of credit or surety bonds ("Security
Instruments") on the standard forms of the City, to guarantee completion and maintenance of
improvements (as defined in the City's Subdivision Control Ordinance) to be constructed as a
part of the development of the Subject Property. The Successor Owner may use either
irrevocable letters of credit or surety benefits for its Security Instruments, as permitted by City
4
ordinance. The amount and duration of each Security Instrument shall be as required by
applicable ordinances of the City at the time of development of the Subject Property.
Section 8. City Ordinances.
The Successor Owner agrees that the future development of the Subject Property shall be
in accordance with the requirements of all applicable city ordinances as in effect as of the date all
required development approvals are issued by the City, including but not limited to the
following:
a) Procedures for acceptance of public improvements constructed as a part of the
development of all or a portion of the Subject Property;
b) Signage;
c) Appearance code;
d) Permits;
e) Fees, charges and contributions;
f) School and park contributions with land or cash in lieu of land; and,
g) Building codes.
Section 9. Remedies.
Without limiting any of the remedies otherwise available at law or in equity to the
Successor Owner or the City as a result of the breach of this First Amendment, the parties agree
as follows:
A. This First Amendment shall be enforceable in any court of competent jurisdiction
in the State of Illinois by the parties and their successors and assigns. Enforcement may be
sought by an appropriate action at law or in equity to secure performance of the covenants,
5
agreements, conditions and obligations contained herein, including specific performance of this
First Amendment. This First Amendment shall be governed by the laws of the State of Illinois.
B. No action taken by any party pursuant to the provisions of this or any other
section of this First Amendment shall constitute an election of remedies, and all remedies set
forth in this First Amendment, as well as any remedies at law or in equity, shall be cumulative
and shall not exclude any other remedy.
C. Unless otherwise expressly provided herein, in the event of a material breach of
this First Amendment, the parties agree that the defaulting party shall have thirty (30) days after
written notice of said breach to correct the same prior to the non-breaching party's seeking of
any remedy provided for herein. If such breach cannot be corrected within thirty (30) days, the
non-breaching party shall not seek to exercise any remedy provided for herein as long as the
defaulting party has initiated the cure of said breach and is diligently prosecuting the cure of said
breach.
D. In the event the performance of any covenant to be performed hereunder by any
party is delayed for causes which are beyond the reasonable control of the party responsible for
such performance (which causes shall include, but not be limited to, acts of God; inclement
weather conditions; strikes; material shortages; lockouts; the revocation of, suspension of, or
inability to secure any necessary governmental permit or license; or/and any similar cause), the
time for such performance shall be extended by the amount of time of such delay.
E. The failure of the parties to insist upon the strict and prompt performance of the
terms, covenants, agreements, and conditions herein contained, or any of them, upon any other
party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's
6
right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall
continue in full force and effect.
Section 10. Partial Invalidity of Agreement. This First Amendment is entered into
pursuant to the provisions of the Illinois Municipal Code, Section 11-15.1-1 et seq. (65 ILCS
5111-15.1-1 et seq.). If any provision of this First Amendment or its application to any person,
entity, or property is held invalid, such provision shall be deemed to be excised here from and
the invalidity thereof shall not affect the application or validity of any other terms, conditions
and provisions of this Amendment and, to that end, any terms, conditions and provisions of this
First Amendment are declared to be severable. In addition, the City and Successor Owner shall
take all action necessary or required to fulfill the intent of this First Amendment as to the
development of the Subject Property.
Section 11. Notices.
All notices shall be in writing and .shall be delivered personally or by a nationally
recognized overnight courier, prepaid, or shall be sent by registered or certified mail, return
receipt requested,postage prepaid, at the following addresses:
Successor/Owner Justine Brummel
12565 Fox Road
Yorkville, Illinois 60560
With a copy to Kelly A. Helland
I I 07 South Bridge Street
Yorkville, Illinois 60560
To the City United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
7
With a copy to Kathleen Field Orr, City Attorney
Kathleen Field Orr&Associates
53 West Jackson Blvd.
Suite 964
Chicago, Illinois 60604
Service shall be deemed to be upon delivery unless delivery is rejected and then service shall be
deemed to have occurred upon such rejection.
Section 12. General Provisions.
A. Entire Agreement. This First Amendment contains all the terms and conditions
agreed upon by the parties hereto and no other prior agreement regarding the subject matter
hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the
terms and conditions of this First Amendment have been reached through a process of good faith
negotiation, both by principals and through counsel, and represent terms and conditions that are
deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of
them.
B. Amendment. This First Amendment may be amended from time to time in writing
with the consent of the parties,pursuant to applicable provisions of the City Code and the laws of
the State of Illinois in force from time to time. The City and the then owner of record of any
portion of the Subject Property, even if not the Successor Owner named herein, may agree (only
in writing) to amend or modify this First Amendment as to such portion(s) of the Subject
Property without the consent of the owner(s) of other portion(s) of the Subject Property, so long
as such amendment or modification does not alter the rights, obligations or remedies provided in
this First Amendment for any owner or any other portion of the Subject Property which is owned
by such owner of record.
8
C. No Third Party Beneficiaries. No provision of this First Amendment is intended
to benefit, nor shall any provision of this First Amendment benefit, any party, individual or entity
other than a party to this First Amendment or its respective successor or assign.
D. Effective Date. The date on which this First Amendment becomes effective (the
Effective Date") shall be the date on which it has been approved and executed by all parties
hereto.
E. Term of First Amendment. This First Amendment shall be effective from its
Effective Date and terminate as of August 7, 2026, being the termination date of the Original
Agreement (the "Term); provided, however, that if any action is filed or any claim is made
challenging the legality, validity or enforceability of this First Amendment, the period during
which such action or claim is pending or unresolved shall not be included as part of the Term of
this First Amendment.
F. Counterparts. This First Amendment may be executed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
document.
Section 13. Successors and Assigns.
A. This First Amendment shall inure to the benefit of and be binding upon the
Successor Owner and its successor(s) in title and interest, and upon the City, and any successor
municipalities of the City. It is specifically agreed that the Successor Owner shall have the right
to sell, transfer, lease, and assign all or any part of the Subject Property to other persons, firms,
partnerships, corporations, or other entities for building or development purposes (as well as for
occupancy) and that such persons, firms, partnerships, corporations, or other entities shall be
9
entitled to the same rights and have the same obligations as the Successor Owner has under this
First Amendment.
B. It is understood and agreed that this First Amendment constitutes a covenant
running with the land and as such, shall be assignable to and binding upon each and every
subsequent grantee and successor in interest of the Successor Owner and the City.
C. Nothing contained in this First Amendment shall be construed to restrict or limit
the right of the Successor Owner to sell or convey all or any portion of the Subject Property,
whether improved or unimproved.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed by their duly authorized officers on the above date at Yorkville, Illinois.
United City of Yorkville, an Illinois
Municipal Corporation
By:
Mayo
Attest:
i
City Clerk
Justine Brummel
By:
10
Legal Description of Subiect Property
THAT PART OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE 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 NORTH LINE OF SECTION 6;
THENCE SOUTH 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG THE
SOUTHERLY RIGHT OF WAY LINE OF SAID RAILROAD, 1437.98 FEET; THENCE
SOUTH O1 DEGREES 28 MINUTES 38 SECONDS EAST, 406.94 FEET; THENCE SOUTH
25 DEGREES 19 MINUTES 10 SECONDS EAST, 1326.82 FEET; THENCE SOUTH 24
DEGREES 50 MINUTES 33 SECONDS EAST, 1405.93 FEET; THENCE NORTH 75
DEGREES 51 MINUTES 51 SECONDS EAST 1556.19 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 2406.69 FEET TO THE CENTER LINE OF FOX ROAD;
THENCE SOUTH 62 DEGREES 58 MINUTES 18 SECOND 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), IN KENDALL TOWNSHIP, AND ALSO, (EXCEPT THAT PART OF THE
NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING ON 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, 35.57 FEET; THENCE NORTH 64
DEGREES 40 MINUTES 50 SECONDS EAST 217.38 FEET; THENCE NORTH 18
DEGREES 20 MINUTES 7 SECONDS WEST 708.61 FEET; THENCE NORTH 18 DEGREES
46 MINUTES 5 SECONDS EAST 138.95 FEET TO THE SOUTHERLY RIGHT OF WAY
LINE OF FOX ROAD; THENCE NORTH 25 DEGREES 41 MINUTES 24 SECOND WEST
35.0 FEET TO SAID CENTER LINE; THENCE SOUTH 64 DEGREES 18 MINUTES 36
SECONDS WEST ALONG SAID CENTER LINE, 400.0 FEET TO THE POINT OF
BEGINNING), IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
Permanent Index No.: 05-06-100-008
10-15-4: ELIMINATION OF NONCONFORMING BUILDINGS, STRUCTURES
AND USES:
The period of time during which the following nonconforming uses, buildings, or structures
may continue or remain nonconforming shall be limited from March 28, 1974, or when any
use, building or structure is rendered nonconforming by a subsequent amendment to this
title. Every such nonconforming use, building or structure shall be completely eliminated or
removed from the premises at the expiration of the period of time specified below:
A. Any nonconforming use of a building or structure having an assessed valuation not in
excess of five hundred dollars ($500.00) shall be removed after two (2) years.
B. All nonconforming advertising devices, such as pennants, flags, movable signs or
portable outdoor displays in any business district shall be removed after two (2) years.
C. Any nonconforming signs and any and all billboards and outdoor advertising structures
shall be removed after five (5) years.
D. Any nonconforming use of land where no enclosed building is involved, or where the only
buildings employed are accessory or incidental to such use, or where such use is
maintained in connection with a conforming building, shall be removed after a period of
two (2) years.
E. In all residence districts uses permitted only in the B-2 and B-3 districts or the
manufacturing districts, and which use is located in a building, all or substantially all of
which is designed or intended for a residential accessory purpose, shall be entirely
discontinued and shall thereafter cease operation in accordance with the following
amortization schedule:
TABLE 10.15.01
AMORTIZATION PERIODS
Description Of Use Amortization Period
Uses permitted in the B-2 and B-3 districts 15 years
Uses permitted only in the manufacturing districts 15 years
Page 1of 2Sterling Codifiers, Inc.
2/24/2016http://www.sterlingcodifiers.com/codebook/printnow.php
F. Requests for extensions to the elimination period may be sought before the city council. In
no case shall an extension be granted for a period longer than two (2) years. (Ord. 2014-
73, 11-25-2014)
Page 2of 2Sterling Codifiers, Inc.
2/24/2016http://www.sterlingcodifiers.com/codebook/printnow.php
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2016-05
NOTICE IS HEREWITH GIVEN THAT BBB Farms LLC, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting
rezoning approval from R-2, Single-Family Traditional Residence District to A-1,
Agricultural District. The real property is located on Fox Road, between Pavilion
Road and Ford Drive in Yorkville, Illinois.
The legal description is as follows:
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.
The application materials for the proposed Rezoning are on file with the City
Clerk.
NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City
of Yorkville will conduct a public hearing on said application on Wednesday, April
13, 2016 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game
Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without
further notice being published.
All interested parties are invited to attend the public hearing and will be given an
opportunity to be heard. Any written comments should be addressed to the United
City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois,
and will be accepted up to the date of the public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall
County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
Background:
As the Plan Commission will recall, the Zoning Ordinance was adopted on November 25,
2014 and placed into effect on January 1, 2015. Since that time, staff has been approached by a
citizen looking to incorporate a private, non-profit alternative school within an M-1 zoning
classified property. Our zoning ordinance currently does not allow trade schools or commercial
schools within a manufacturing district. Staff researched several surrounding municipalities (see
chart below) and found that several of them either permitted trade schools as an outright
allowable use or required a special use in manufacturing districts. Staff felt that allowing trade
schools in the Manufacturing Districts as a special use is consistent with current zoning trends
and would allow, on a case-by-case basis, additional review of surrounding land uses, site layout,
parking, utilities, and traffic.
Trade School Uses in Manufacturing Districts
Municipality Use Permitted Special Use Not Permitted
Plainfield Trade school, music school,
dance school.
X
Oswego Schools; music, dance, business,
commercial or trade.
X
Plano Schools of dance, music, business
or trade.
X
Montgomery Personal and Business Services. X
Naperville Vocational and trade schools. X
Aurora Technical, trade, and other
specialty schools.
X
Sugar Grove Schools, commercial or trade. X
The City of Yorkville currently defines Trade schools only and is defined as, “A school
established to provide for the teaching of industrial, clerical, managerial, or artistic skills. This
definition applies to schools that are owned and operated privately for profit and that do not offer
a complete educational curriculum (e.g., beauty school, modeling school). Staff researched other
definitions similar to trade schools and found the following:
• Montgomery - Personal & Business Services: An establishment that provides services to
consumers (for example, insurance, salon, attorney, veterinarian, teaching facilities for
trades, gymnastics, martial arts etc., consulting and contracting firms etc.).
Memorandum
To: Plan Commission
From: Chris Heinen, Planner
CC: Bart Olson, City Administrator
Krysti Barksdale-Noble, Community Development Director
Date: March 31, 2016
Subject: PC 2016-06 Trade Schools (Text Amendment)
• Sugar Grove - SCHOOL, VOCATIONAL: A secondary or higher education facility
primarily teaching usable skills that prepare students for jobs in a trade and meeting
Illinois' requirements as a vocational facility.
• Naperville - SCHOOL, TRADE OR VOCATIONAL: A school which offers career based
instruction in skilled subjects such as computer repair, network development, graphic
design, multimedia, arts, shorthand, carpentry, drafting and automobile mechanics as part
of a certificate or degree program.
While all of these definitions are similar in nature, there is a growing trend that will need
to be addressed in alternative schools. Currently, Yorkville only allows schools, public or
private, in residentially zoned districts. This creates a burden on smaller, alternative schools.
Finding a location and building a new school is economically unfeasible for these uses. It is also
not a permitted home occupation, so a single family dwelling would not be able to be have a
school. A majority of these alternative schools are typically operated in business areas or
manufacturing areas. The City currently has a few schools operating under the trade school
definition that are located in business zoned properties and staff feels that expanding them into
the manufacturing districts seems to be a logical trend.
Staff Recommendation Summary:
Staff has worked with the City Attorney to revise the definition of trade schools to add
commercial school and allow such schools as a special use in the M-1 & M-2 zoning
classifications. The following proposed text amendments would be:
1. Chapter 2: Rules and Definitions in the Zoning Ordinance to revise the definition of trade
school to include commercial school and define it as “A school established to provide for
the teaching of academic, industrial, clerical, managerial, artistic skills, or alternative
education. This definition applies to schools that are owned and operated privately for
profit or non profit and that may offer a complete education curriculum.”
2. Chapter 6: Permitted and Special Uses in the Zoning Ordinance to identify Commercial
school, trade school as special uses in the M-1 Limited Manufacturing and M-2 General
Manufacturing districts.
This item was discussed at the April 5, 2016 Economic Development Committee
meeting. The committee had some concern that it may be better suited in the M-1 zoning district
only and not a special use in the M-2 zoning district. Staff would like the input from the Plan
Commission regarding this concern. Staff will be available to answer any questions the Plan
Commission may have regarding the proposed text amendment. A recommendation from Plan
Commission will be forwarded to City Council for consideration at the April 26, 2016 regularly
scheduled meeting.
Proposed Motion for Amendment:
In consideration of testimony presented during a Public Hearing on April 13, 2016 and
discussions conducted at that meeting, the Plan Commission recommends approval to the City
Council a request for a text amendment to Chapter 6: Permitted and Special Uses in the
Zoning Ordinance to identify Commercial school, trade school as special uses in the M-1
Limited Manufacturing and M-2 General Manufacturing districts and proposing a text
amendment to Chapter 2: Rules and Definitions in the Zoning Ordinance to redefine the
definition of trade school to “A school established to provide for the teaching of academic,
industrial, clerical, managerial, artistic skills, or alternative education. This definition applies
to schools that are owned and operated privately for profit or non profit and that may offer a
complete education curriculum.” This text amendment will provide regulations for the
establishment and operation of such uses in these zoning districts, subject to staff
recommendations and conditions in a memo dated March 31, 2016, and further subject to
{insert any additional conditions of the Plan Commission}…
Attachments:
1. Current Chapter 6 of the United City of Yorkville’s Municipal Zoning Ordinance.
2. Research on Trade Schools.
3. Copy of Public Notice.
CHAPTER 6
Permitted and Special Uses
Table 10.06.01
Residential Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Mobile Home Park - - - - - - - S1 S1 - - - - - - -
Dwelling, Duplex - - - - - - P P P - - - - - - -
Dwelling, Multi-Family - - - - - - - P P - P2 S2 S2 S2 S2 S2
Dwelling, Single-Family P - - P P P P P P - - - - - - -
Dwelling, Townhouse - - - - - - - P P - - - - - - -
1 10 Acre Minimum
2 Apartments above the first floor in a building used for business or as live/work space above a manufacturing use shall be permitted up to a maximum of two (2) apartments.
Table 10.06.02
Institutional Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Cemetery S S S S S S S S S - - - - - - -
Religious Institution, Large S - - S S S S S S P P P P P S S
Religious Institution, Small S - - S S S S S S P P P P P S S
Philanthropic Institution S - - S S S S S S - - - - - - -
Hospital S - - S S S S S S - P P P P - -
Library - - - - - - - - - P P P P P - -
Nursing Home/Rest Home S - - S S S S S S - P P - -
College, University or Junior College S - - S S S S S S P P P P P - -
School, Public or Private - - - P P P P P P - - - - - - -
Key
P = Permitted Use
S = Special Use
- = Not Permitted Use
[ United City of Yorkville Zoning Ordinance ] [ 45 ]
Chapter 6: Permitted and Special Uses
Table 10.06.03
Business Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Adult Daycare Facility - - S S S S S S - S S S S S S S
Adult Oriented Uses - - - - - - - - - - - - - - S S
Advertising Agency - - - - - - - - - P P P P P - -
Agricultural Implement Sales, Storage and
Services of Agriculturally Products (see Section
10-6-1: Special Conditions)
S - - - - - - - - - - - S P - -
Agricultural Uses P S S - - - - - - - - - - - - -
Amphitheater - - P - - - - - - - S S S S S S
Amusement Park S - S - - - - - - - - - S S S S
Animal Feed, Storage Preparation, Mixing and
Wholesale and Retail
Animal Hospital S - - - - - - - - - - - S - -
Antique Sales - - - S - S - S S - P P P P - -
Apiaries P - - - - - - - - - - - - - - -
Appliance - Service - - - - - - - - - - - - P P - -
Art Galleries/Art Studio - - - - - - - - - - - P P P P P
Auction House P - - - - - - - - - - - - P - -
Automobile Parts/Accessories Sales - - - - - - - - - - - P P P - -
Automobile Rental - - - - - - - - - - - P P P - -
Automobile Repair - - - - - - - - - - - - P P P P
Automobile Sales and Service/Open Sales Lot - - - - - - - - - - - - P P - -
Bakery, Retail - - - - - - - - - - P P P P S3 S3
Bank with Drive Through Facilities - - - - - - - - - P P P P P - -
Barber/Beauty Shop - - - - - - - - - P P P P P - -
Bed and Breakfast Inn S - - S S - - - - - S S S - - -
3 Appurtenant to Wholesale
[ United City of Yorkville Zoning Ordinance ] [ 46 ]
Chapter 6: Permitted and Special Uses
Table 10.06.03
Business Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Bicycle Shop/Repair - - - - - - - - - - - P P P - -
Billiard Parlor - - - - - - - - - - S P P P - -
Boat Sales and Rental - S S - - - - - - - P P P P - -
Boat Storage - S S - - - - - - - S S S S S S
Bookkeeping Service - - - - - - - - - P P P P P - -
Bookstore - - - - - - - - - - P P P P - -
Bowling Alley - - - - - - - - - - - P P P - -
Building Material Sales - - - - - - - - - - - - P P - -
Building equipment, building materials, lumber,
coal, sand and gravel yards, and yards for
contracting equipment of public agencies, or public
utilities, or materials or equipment of similar nature,
ready mix batch plants, and asphalt manufacturing
plants
-
-
-
-
-
-
-
-
-
-
-
-
-
-
S
S
Campground S - S - - - - - - - - - - - - -
Car Wash without mechanical repair - - - - - - - - - - - - P P P P
Carpet and Rug Cleaning - - - - - - - - - - - - - - P P
Catering Service - - - - - - - - - - - - P P - -
Clothes - Pressing and Repair - - - - - - - - - - P P P P - -
Club/Lodge, Private
(see Section 10-6-1: Special Conditions)
S - - - - - - - - P P P P P - S
Coffee Shop - - - - - - - - - P P P P P - -
Commercial Feeding of Fish, Poultry, Livestock S - - - - - - - - - - - - - - -
Commercial Laboratory - - - - - - - - - P P P P P - -
Commercial School, Trade School - offering training
in classroom study - - - - - - - - - P P P P P - -
Community Center - - P - - S S S S - P P P P S S
[ United City of Yorkville Zoning Ordinance ] [ 47 ]
Chapter 6: Permitted and Special Uses
Table 10.06.03
Business Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Contractor Facilities with Outdoor Storage - - - - - - - - - - - - - - S S
Contractor Offices - - - - - - - - - - - - - - P P
Cultivation of non-food crops and seeds used
of cellulosic biofuels production
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Dance Hall - - - - - - - - - - - P P P - -
Daycare Facility and Preschools S - S S S S S S - S S S S S S S
Department Store - - - - - - - - - - - P P P - -
Detective Agency - - - - - - - - - P P P P P - -
Dressmaker - Seamstress - - - - - - - - - - P P P P - -
Dry Cleaning Establishment - - - - - - - - - S P P P P - -
Dry Cleaning Plant - - - - - - - - - - - - - - S S
Employment Office - - - - - - - - - P P P P P - -
Farming P S S - - - - - - - - - - - - -
Fertilizer Sales with Storage and Mixture S - - - - - - - - - - - - - - -
Forestation P - - - - - - - - - - - - - - -
Funeral Home/Mortuary/Crematorium - - - - - - - - - - P P P P - -
Furniture Repair and Refinishing - - - - - - - - - - - - P P - -
Gasoline Service Station - - - - - - - - - - - S S S S S
Golf Course (see Section 10-6-1: Special Conditions) S - S P P P P P P - - - - - - -
Golf Course, Miniature S - - - - - - - - - - - P P - -
Golf Driving Range S - S - - - - - - - - - P P - -
Grain Elevators and Storage P - - - - - - - - - - - - - - -
Grocery Store - - - - - - - - - - P P P P - -
Health Club or Gymnasium - - - - - - - - - - - P P P - -
[ United City of Yorkville Zoning Ordinance ] [ 48 ]
Chapter 6: Permitted and Special Uses
Table 10.06.03
Business Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Heavy Machinery and Equipment Rental - - - - - - - - - - - - - - P P
Hotel/Motel/Motor Lodges/Tourist Courts
-
-
-
-
-
-
-
-
-
-
-
P
P
P
-
-
Indoor Shooting Gallery/Gun Range
(see Section 10-6-1: Special Conditions) - - - - - - - - - - S S S S S S
Interior Decorating Studio - - - - - - - - - - P P P - -
Kennel, Commercial or Private Dog Kennels S - - - - - - - - - - - P P - -
Liquor Store - - - - - - - - - - P P P P - -
Locksmith - - - - - - - - - - - P P P - -
Massage Establishment - - - - - - - - - - P P P P - -
Medical Clinic - - - - - - - - - P P P P P - -
Microbrewery/Brew Pub
(see Section 10-6-1: Special Conditions) - - - - - - - - - - S S S S P P
Milk Processing and Distribution
(see Section 10-6-1: Special Conditions) S - - - - - - - - - - - - - P P
Motorcycle Sales and Service - - - - - - - - - - - - P P - -
Musical Instrument Sales/Repair - - - - - - - - - - - P P P - -
Newspaper Publishing - - - - - - - - - - - P P P P P
Nursery/Greenhouses S - - - - - - - - - - - P P - -
Outdoor Music Venues - - P - - - - - - - S S S S S S
Off-Track Betting (OTB) Establishments - - - - - - - - - - - S - - - -
Parks - P P P P P P P P P P P P P - -
Pawnbrokers/Pawnshops - - - - - - - - - - P P P P - -
Pet Stores/Pet Supply - - - - - - - - - - - P P P - -
Photography Studio/Camera Repair Shop - - - - - - - - - - P P P P - -
Playground - P P P P P P P P - P P P P - -
Post Office/Retail Mail or Package Service - - - - - - - - - - P P P P - -
[ United City of Yorkville Zoning Ordinance ] [ 49 ]
Chapter 6: Permitted and Special Uses
Table 10.06.03
Business Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Public Storage Facilities/Miniwarehouse Stor-
age (see Section 10-6-1: Special Conditions) - - - - - - - - - - - - - - S S
Professional Services/Offices - - - - - - - - - P P P P P - -
Radio and Television Studios - - - - - - - - - - P P P P - -
Recreation Center - - P - - - - - - - P P P P P P
Recreational Camp - Private S - S - - - - - - - - - - - - -
Recreational Vehicle Sales and Service - -- - - - - - - - - - - P P - -
Repair of Household or Office Machinery or
Equipment
-
-
-
-
-
-
-
-
-
-
-
-
-
-
P
P
Resale Dealers - - - - - - - - - - P P P P - -
Restaurant, Convenience and Fast Food - - - - - - - - - - P P P P - -
Retail Store includes Pharmacy/Drugstore - - - - - - - - - S P P P P S -
Riding Academies with Stables S - - - - - - - - - - - - - - -
Roadside Stand P - - - - - - - - - - - - - - -
Salvage Yard S - - - - - - - - - - - - - - S
Shoe and Hat Repair - - - - - - - - - - P P P P - -
Skating Rink - - S - - - - - - - - - P P - -
Stables or Paddocks P - S - - - - - - - - - - - - -
Stadium - - S - - - - - - - - - S S S S
Swimming Pool - Indoor - - S - - - - - - - P P P P - -
Tattoo and Body Piercing Establishment - - - - - - - - - - P P P P P P
Tavern - Nightclub or Lounge - - - - - - - - - - S S S S S S
Taxidermist - - - - - - - - - - - P P P - -
Theater - - - - - - - - - - - P P P - -
Trailer Camp/Park S - - - - - - - - - P P P P - -
[ United City of Yorkville Zoning Ordinance ] [ 50 ]
Chapter 6: Permitted and Special Uses
Table 10.06.03
Business Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Treatment Center - - - - - - - - - - P P P P - -
Truck and Trailer Rental - - - - - - - - - - - - S P - -
Truck, truck tractor, truck trailer, car trailer or bus
storage yard - not include motor freight terminal - - - - - - - - - - - - - - P P
Upholstery Shop - - - - - - - - - - - - P P - -
Veterinary Clinic - - - - - - - - - - - - P P - -
Watch and Clock Sales and Repair - - - - - - - - - - - P P P - -
Weaving and Mending - Custom - - - - - - - - - - - P P P - -
Table 10.06.04
Manufacturing Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Any Assembly, Production, Manufacturing, Testing,
Repairing or Processing that can and does operate
in compliance with Performance Standards (see
Section 10-6-1: Special Conditions)
-
-
-
-
-
-
-
-
-
-
-
-
-
-
P
P
Bakery (Wholesale - Retail Component Special Use) - - - - - - - - - - - - - - P P
Manufacturer of Firearms and Ammunition - - - - - - - - - - - - - - P P
Medical Cannabis Cultivation Center & Dispensaries
(see Section 10-6-1: Special Conditions) - - - - - - - - - - - - - - S S
Research Laboratories - - - - - - - - - - - - - - P P
Aggregate Materials Extraction, Processing and Site
Reclamation (Stone and Gravel Quarries) - - - - - - - - - - - - - - - S
Welding Shop S - - - - - - - - - - - - - P P
Wholesaling and Warehousing - Local Cartage
Express Facilities - not including motor freight
terminal
-
-
-
-
-
-
-
-
-
-
-
-
-
-
P
P
[ United City of Yorkville Zoning Ordinance ] [ 51 ]
Chapter 6: Permitted and Special Uses
Table 10.06.05
Transportation Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Airport S - - - - - - - - - - - - - S S
Bus or Truck Storage Yard - - - - - - - - - - - - - - P P
Bus or Truck Garage or Streetcar House - - - - - - - - - - - - - - P P
Marina - - S - - - - - - - - S S S S S
Motor Freight Terminals - - - - - - - - - - - - - - S S
Railroad Passenger Station S - - S S S S S S S S S S S S S
Railroad Repair Shops, Maintenance
Buildings and Switching Yards
S
-
-
-
-
-
-
-
-
-
-
-
-
-
-
S
Taxicab Business - - - - - - - - - - - - P P S S
Table 10.06.06
Utility Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Communications Use S - - - - - - - - - - - - - - -
Electric Substation S S S S S S S S S - P P P P P P
Filtration Plant S - - S S S S S S - - - - - P P
Fire Station S - - S S S S S S P P P P P P P
Police Station S - - S S S S S S P P P P P P P
Public Utility - Electric substations and dis-
tribution centers, gas regulation centers and
underground gas holder stations
S
S
S
-
-
-
-
-
-
-
-
-
-
-
P
P
Other Public Utility Facilities S - S P P P P P P - - - - - P P
Radio and Television Towers - Commercial S - - S S S S S S - - - - - P P
Sanitary Landfill - - - - - - - - - - - - - - S S
[ United City of Yorkville Zoning Ordinance ] [ 52 ]
Chapter 6: Permitted and Special Uses
Table 10.06.06
Utility Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Sewage Treatment Plant - - - S S S S S S - - - - - P P
Solid Waste Disposal Site - - - - - - - - - S S S S S P P
Utility Company Maintenance Yard - - - - - - - - - - - - - - P P
Utility Service Yard or Garage - - - - - - - - - - - - - - P P
Watchman Quarters (Dwelling Units) - - - - - - - - - - - - - - P P
Table 10.06.07
Alternative Energy Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Wind Farm S - S - - - - - - S - - - - - -
Freestanding Wind Energy System (FWES) S S S S S S - - - S - - - - S S
Building Mounted Wind Energy System
(BWES)
S
-
P
S
S
S
S
S
S
S
S
S
S
S
S
S
Solar Farm S S S - - - - - - S - - - - - -
Building Mounted Solar Energy Systems
(BSES)
S
-
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Freestanding Solar Energy Systems (FSES) S S S S S S S S S S S S S S S S
Table 10.06.08
Miscellaneous Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Accessory Building/Use and Structures P P P P P P P P P P P P P P P P
Planned Unit Development (PUD) S - - S S S S S S S S S S S S S
[ United City of Yorkville Zoning Ordinance ] [ 53 ]
Chapter 6: Permitted and Special Uses
10-6-1 Special Conditions
A. Agricultural Implementation Sales, Storage and Service of Agriculturally Oriented Products:
1. Sales yards, wholesale or retail, for agricultural products in A-1 Agricultural District refer to Section 10-9-3 Special Uses.
B. Club/Lodge, Private:
1. Private clubs or lodges in A-1 Agricultural District refer to 10-9-3 Special Uses.
C. Golf Courses:
1. Regulation size golf courses are permitted provided that no clubhouse or accessory building shall be nearer than five hundred (500) feet to any
dwelling on an adjacent zoning lot.
2. Golf courses, miniature golf courses and driving ranges in A-1 Agricultural District refer to 10-9-3 Special Uses.
D. Indoor Shooting Galleries/Gun Ranges:
1. When located in a multiple-tenant building shall only be located in an end unit and with the gallery/range not adjacent to an adjoining unit.
2. The minimum building setback for indoor shooting gallery/gun range facilities shall be fifty (50) feet from any property line that abuts a residentially
zoned property.
3. The retail operations of any indoor shooting gallery/gun ranges shall occupy not more than twenty five percent (25%) of the total floor area.
E. Manufacturing Uses:
1. All business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise specified. Within one
hundred and fifty (150) feet of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in
the Manufacturing Districts may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight
(8) feet high, but in no case lower in height than the enclosed storage and suitably landscaped.
2. However, open off-street loading facilities and open off-street parking of motor vehicles under one and one-half tons’ capacity may be unenclosed
throughout the Manufacturing Districts, except for such screening of parking and loading facilities as may be required under provisions of Chapter
16 of this title.
F. Medical Cannabis Cultivation Center:
1. Cultivation Center and Medical Cannabis Dispensing Organization in compliance with the Compassionate Use of Medical Cannabis Pilot Program Act
(410 ILCS 130/1 et seq.) provided that the distance requirements set forth in that Act are also required for public parks and religious institutions for such
use.
[ United City of Yorkville Zoning Ordinance ] [ 55 ]
Chapter 6: Permitted and Special Uses
G. Microbrewery:
1. Microbreweries/brewpubs, where if off premises consumption is allowed, all sales must be in a hand capped, sealed container with a total maximum
production of fifteen thousand (15,000) barrels per calendar year inclusive of on premises and off premises sales.
2. Microbrewery/brewpub operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall be no
more than twenty-five percent (25%) of the total floor area.
H. Public Storage Facilities/Mini Warehouse Storage:
1. Whenever a special use is granted for miniwarehouse storage under this M-1 zoning district or any other permitted zoning district, the following restrictions
shall apply:
A. If the facility is within one hundred fifty feet (150’) of a residential district, all storage shall be in completely enclosed buildings or structures,
and storage located elsewhere in this district may be open to the sky, but shall be enclosed by solid walls or fences (including solid doors or gates
thereto) at least eight feet (8’) high, but in no case lower in height than the enclosed storage buildings and suitably landscaped consistent with
the city’s landscape ordinance.
B. A minimum of three (3) parking spaces shall be provided.
C. There shall be a minimum of twenty feet (20’) between buildings.
I. Salvage Yards
1. Salvage Yards in A-1 Agricultural District refer to Section 10-9-3 Special Uses.
[ United City of Yorkville Zoning Ordinance ] [ 55 ]
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2016-06
NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall
County, Illinois, petitioner, is proposing a text amendment to Chapter 6: Permitted
and Special Uses in the Zoning Ordinance to identify Commercial school, trade
school as special uses in the M-1 Limited Manufacturing and M-2 General
Manufacturing districts and proposing a text amendment to Chapter 2: Rules and
Definitions in the Zoning Ordinance to redefine the definition of trade school to “A
school established to provide for the teaching of academic, industrial, clerical,
managerial, artistic skills, or alternative education. This definition applies to
schools that are owned and operated privately for profit or non profit and that may
offer a complete education curriculum.” This text amendment will provide
regulations for the establishment and operation of such uses in these zoning
districts.
NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City
of Yorkville will conduct a public hearing on said application on Wednesday, April
13, 2016 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game
Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without
further notice being published.
All interested parties are invited to attend the public hearing and will be given an
opportunity to be heard. Any written comments should be addressed to the United
City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois,
and will be accepted up to the date of the public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall
County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
Background & Request:
The petitioner, Terry Richards, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting to amend a special use approved for a public
storage facility pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance. The
amendments to the special use include relocation of the buildings on the property, increasing the
number of buildings on the property and increasing the landscape materials, all as shown on a
new site plan for the development of the property. The real property is located at 147
Commercial Drive in Yorkville, Illinois.
Memorandum
To: Plan Commission
From: Chris Heinen, Planner
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: March 31, 2016
Subject: PC 2016-07 – Self Storage Facility (Special Use Amendment) –
Lot 19 Commercial Drive
EXISTING CONDITIONS:
The existing zoning and land use for properties surrounding the subject property are as
indicated below:
Zoning Land Use
North Kendall County County Residences
East B-3, General Business District Vacant/Commercial Building
South B-3, General Business District Vacant/Commercial Building
West M-1, Limited Manufacturing Vacant Parcel
SPECIAL USE CRITERIA:
Section 10-4-9F of the City’s Zoning Ordinance establishes standards for special use
requests. No special use shall be recommended by the plan commission unless said commission
shall find that:
1. The establishment, maintenance or operation of the special use will not be unreasonably
detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and
impair property values within the neighborhood.
3. The establishment of the special use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are
being provided.
5. Adequate measures have been or will be taken to provide ingress or egress so designed as
to minimize traffic congestion in the public streets.
6. The special use shall in all other respects conform to the applicable regulations of the
district in which it is located, except as such regulations may in each instance be modified
by the city council pursuant to the recommendations of the plan commission.
The applicant has provided written responses to these special use and amendment
standards as part of their application and requests inclusion of those responses into the
public record.
Staff Comments:
The proposed change in the site layout of the property is supported by staff. The
buildings located along the northern and eastern property lines are consistent with the previously
approved plans. Additionally, the landscaping along the northern property line will remain the
same, which was a condition as part of the previous plan. This was a concern with the property
owner to the north and will be maintained. This petition was reviewed at the Economic
Development Committee on April 5, 2016. A recommendation from the Plan Commission will
be forwarded to the City Council for consideration at the April 26, 2016 regularly scheduled
meeting. Staff will be available to answer any question the Plan Commission may have at
Wednesday night’s meeting.
Proposed Motion for Special Use:
In consideration of testimony presented during a Public Hearing on April 13, 2016 and
discussions conducted at that meeting, the Plan Commission recommends approval to the City
Council a request to amend a special use approved for a public storage facility pursuant to
Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance. The amendments to the special use
include relocation of the buildings on the property, increasing the number of buildings on the
property and increasing the landscape materials, all as shown on a new site plan for the
development of the property. The real property is located at 147 Commercial Drive in Yorkville,
Illinois, subject to staff recommendations and conditions in a memo dated March 31, 2016, and
further subject to {insert any additional conditions of the Plan Commission}…
Attachments:
1. Copy of Petitioner’s Application w/exhibits.
2. Copy of Public Notice.
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2016-07
NOTICE IS HEREWITH GIVEN THAT Terry Richards, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting
to amend a special use approved for a public storage facility pursuant to Chapter 6,
Table 10.06.03 of the Yorkville Zoning Ordinance. The amendments to the special
use include relocation of the buildings on the property, increasing the number of
buildings on the property and increasing the landscape materials, all as shown on a
new site plan for the development of the property. 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 Special Use are on file with the City
Clerk.
NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City
of Yorkville will conduct a public hearing on said application on Wednesday, April
13, 2016 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game
Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without
further notice being published.
All interested parties are invited to attend the public hearing and will be given an
opportunity to be heard. Any written comments should be addressed to the United
City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois,
and will be accepted up to the date of the public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall
County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
Background & Request:
The petitioner, Tairi Grace, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting special use permit approval for a
Commercial/Trade School for a private, non-profit school with an emphasis on holistic health
education within the M-1, Limited Manufacturing District pursuant to Chapter 6, Table 10.06.02
of the Yorkville Zoning Ordinance. The real property is located at 319 E. Van Emmon Road, in
Yorkville, Illinois.
Currently, a commercial/trade school is not allowed within the Manufacturing districts.
The City has begun the process of amending the zoning ordinance to allow Commercial/Trade
Schools as a special use in the manufacturing districts. Staff researched several surrounding
municipalities and found that several of them either permitted trade schools as an outright
allowable use or required a special use in manufacturing districts. Staff felt that allowing trade
schools in the Manufacturing Districts as a special use is consistent with current zoning trends
Memorandum
To: Plan Commission
From: Chris Heinen, Planner
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: March 31, 2016
Subject: PC 2016-08 – Grace Holistic Center for Education (Special Use)
1
and would allow, on a case-by-case basis, additional review of surrounding land uses, site layout,
parking, utilities, and traffic. This petition will accompany the text amendment as the petitioner
would like to have the interior remodel complete by the beginning of fall 2016.
The petitioner is looking to utilize a portion of the building located at 319 Van Emmon
for a private not-for-profit school for special and regular education students. The interior
remodel will consist of constructing seven (7) classrooms and two bathroom facilities. The
school is looking to house approximately 50 children with a staff of 6 adults. The initial primary
focus will be elementary and junior high students. Access for the site will be located off of Van
Emmon and the petitioner is looking to create onsite signage that will outline the flow of traffic
for drop off and pick up traffic. Additionally, school staff will be onsite to direct traffic within
the site for drop off and pick up. All signage will require a permit with the City and will be
reviewed at that time.
Parking
After reviewing the aerial depicted in the location map on page 1, it appears that there are
four (4) parking stalls currently on the property. Per the zoning ordinance, an elementary and
junior high school requires 1 space per classroom. This would require the site to have a
minimum of seven (7) parking stalls. Staff is recommending that as part of the special use
approval, that an additional three (3) parking stalls be striped.
Utilities
The property is in an existing section of Yorkville and water and sewer utilities are
located along Van Emmon. The proposed use will not impact the current water or sewer
capacities. Stormwater management has already been accounted for with the development of the
subdivision and no additional storage would be required as part of this special use.
Existing Conditions:
The existing zoning and land use for properties surrounding the subject property are as
indicated below:
Zoning Land Use
North OS-2, Open Space District (Recreational) Park/River/Railroad Tracks
East M-1, Limited Manufacturing Manufacturing/Single Family Home
South R-3, Multi-Family Attached Residence District Residential Homes
West M-1, Limited Manufacturing Manufacturing/Single Family Home
Comprehensive Plan:
The City’s Comprehensive Plan Update 2008 had designated this parcel as “Traditional
Neighborhood” which is intended primarily for single-family detached residences, “preserving
the existing unique residential neighborhoods in the developed core of the City.” Future
development was envisioned to be in the form of redevelopment of existing sites.
As part of the Comprehensive Plan Update, this area is designated as “Traditional
Neighborhood Residential.” Traditional Neighborhood Residential areas comprise the older
neighborhoods east, west and south of the Downtown Core, and those north of the Fox River
comprising the old Town of Bristol. These areas are largely characterized by historic homes, pre-
War and Post World War II housing types, and mid-century ranch homes that form cohesive
2
neighborhoods within walking distance of the Fox River and the Downtown. This designation
seeks to preserve and maintain the traditional single family character of these neighborhoods by
encouraging housing maintenance and rehabilitation, and compatible new housing development
that compliment the scale and design of the existing housing stock. Development of some forms
of multi-family housing is encouraged if they maintain the visual and physical character of
adjacent blocks, including building setbacks and architectural materials and treatments.
Both Comprehensive Plan designations are compatible with the use being proposed.
Schools, private or public, are generally found in residential neighborhoods and would therefore
be an acceptable use.
Special Use Criteria:
Section 10-4-9F of the City’s Zoning Ordinance establishes standards for special use
requests. No special use shall be recommended by the plan commission unless said commission
shall find that:
1. The establishment, maintenance or operation of the special use will not be unreasonably
detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and
impair property values within the neighborhood.
3. The establishment of the special use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are
being provided.
5. Adequate measures have been or will be taken to provide ingress or egress so designed as
to minimize traffic congestion in the public streets.
6. The special use shall in all other respects conform to the applicable regulations of the
district in which it is located, except as such regulations may in each instance be modified
by the city council pursuant to the recommendations of the plan commission.
The applicant has provided written responses to these special use and amendment
standards as part of their application and requests inclusion of those responses into the
public record.
Staff Comments:
The special use request for an alternative school is supported by staff. The current bulk
regulations (setbacks, lot coverage, building height) are being met and the proposed use is
consistent with the current comprehensive plan.
This petition was reviewed at the Economic Development Committee meeting on April 5,
2016. Below are a list of comments that were generated from this meeting.
1. Concern of actual use of the rear building, possible conflict with the proposed use.
a. Staff has been in contact with the petitioner and it has been expressed that
the owner of the building will be maintaining it as storage or possibly
demolishing the rear portion.
3
2. If outdoor activities are proposed, then requiring the rear yard be fenced or
enclosed.
a. It should be noted that the current building has been constructed to the
property line. The vacant green space in the rear is currently part of the
railroad and would not be able to be used. However, if the current owner
wishes to demolish the rear of the building, it would be beneficial to
enclose the rear yard for safety reasons. This can be a condition of
approval of the special use as well.
3. Concern that the use is not compatible with the Comp Plan and the downtown.
a. As stated on Pages 2 and 3 from this memo, the current comprehensive
plan and the proposed plan have this area designated as traditional
neighborhoods. Both Comprehensive Plan designations are compatible
with the use being proposed. Schools, private or public, are generally
found in residential neighborhoods and would therefore be an acceptable
use. Additionally, the downtown will be focusing on possible mixed use
developments with businesses on the first floor with residential above.
These types of uses can foster several different types of uses that are
compatible with the neighborhood, private schools or day cares included.
4. Concern regarding the proposed path to transport the children to the park (will
they cross the railroad tracks?).
a. The petitioner will be available at the meeting to discuss this concern.
5. Will traffic signs for school crossings be required?
a. Staff is researching this question and will have a response at the meeting.
6. How will the students be transported to school (bus)? How will bussing be
accommodated on the site?
a. The petitioner will be available at the meeting to discuss this concern.
A recommendation from Plan Commission will be forwarded to the City Council for
consideration at the April 26, 2016 regularly scheduled meeting. Staff will be available to
answer any question the Plan Commission may have at Wednesday night’s meeting.
Proposed Motion for Special Use:
In consideration of testimony presented during a Public Hearing on April 13, 2016 and
discussions conducted at that meeting, the Plan Commission recommends approval to the City
Council a request for special use permit approval for a Commercial/Trade School for a private,
non-profit school with an emphasis on holistic health education within the M-1, Limited
Manufacturing District pursuant to Chapter 6, Table 10.06.02 of the Yorkville Zoning Ordinance.
The real property is located at 319 E. Van Emmon Road, in Yorkville, Illinois., subject to staff
recommendations and conditions in a memo dated March 31, 2016, and further subject to {insert
any additional conditions of the Plan Commission}…
Attachments:
1. Copy of Petitioner’s Application w/exhibits.
2. Copy of Public Notice.
4
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2016-08
NOTICE IS HEREWITH GIVEN THAT Tairi Grace, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting
special use permit approval for a Commercial/Trade School for a private, non-
profit school with an emphasis on holistic health education within the M-1,
Limited Manufacturing District pursuant to Chapter 6, Table 10.06.02 of the
Yorkville Zoning Ordinance. The real property is located at 319 E. Van Emmon
Road, in Yorkville, Illinois.
The legal description is as follows:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS, COMMENCING AT A POINT ON THE NORTH
LINE OF VAN EMMON STREET AT THE SOUTHEAST CORNER OF
BLOCK 5 OF BLACK’S ADDITION TO YORKVILLE, THENCE EASTERLY
ALONG SAID NORTH LINE, 170.0 FEET FOR A POINT OF BEGINNING,
THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF SAID
BLOCK 5, A DISTANCE OF 120.0 FEET, THENCE WESTERLY ALONG A
LINE DRAWN PARALLEL WITH SAID NORTH LINE, 53.67 FEET TO A
POINT WHICH IS 185.0 FEET WESTERLY, AS MEASURED ALONG SAID
PARALLEL LINE, OF THE EAST LINE OF LOT 13 OF SAID SECTION, AS
SAID LOT IS DEPICTED ON A PLAT OF SURVEY RECORDED IN BOOK 3
OF PLATS, PAGE 96 AND AS OCCUPIED AND MONUMENTED, THENCE
NORTHERLY, PARALLEL WITH SAID EAST LINE OF SAID LOT, 84.87
FEET TO A LINE DRAWN WESTERLY, PARALLEL WITH THE MAIN
TRACK TANGENT CENTER LINE OF THE BURLINGTON NORTHERN
RAILROAD FROM A POINT ON THE EAST LINE OF SAID LOT WHICH IS
115.0 FEET SOUTHERLY OF THE INTERSECTION OF SAID EAST LINE
WITH THE CENTER LINE OF SAID MAIN TRACK, THENCE EASTERLY
ALONG SAID LINE, PARALLEL TO SAID MAIN TRACK, 32.52 FEET TO
THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO
ALLEN BRADY BY DOCUMENT NO. 77-4545, THENCE NORTHERLY
ALONG THE EAST LINE OF SAID BRADY TRACT, 76.52 FEET TO THE
NORTHEAST CORNER THEREOF, THENCE EASTERLY ALONG THE
NORTHERLY LINE OF SAID BRADY TRACT EXTENDED, 60.34 FEET TO
A POINT WHICH IS 30.0 FEET, NORMALLY DISTANT, SOUTHERLY OF
THE CENTER LINE OF SAID MAIN TRACK, THENCE EASTERLY
PARALLEL WITH SAID CENTER LINE 56.82 FEET TO A POINT OF
CURVATURE, THENCE EASTERLY, CONCENTRIC WITH SAID CENTER
LINE, BEING ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A
RADIUS OF 5,699.65 FEET, AN ARC DISTANCE OF 41.45 FEET, TO SAID
EAST LINE OF LOT 13, THENCE SOUTHERLY ALONG SAID EAST LINE,
292.72 FEET TO SAID NORTH LINE OF VAN EMMON STREET, THENCE
WESTERLY ALONG SAID NORTH LINE, 126.52 FEET TO THE POINT OF
BEGINNING LESS AND EXCEPT PART CONVEYED BY DEED RECORDED
JULY 3, 1990 AS DOCUMENT 904281, AND ALSO THAT PART OF LOT 12
(SOMETIMES CALLED SUB LOT 12) ACCORDING TO 3 PLATS, PAGE 96
IN SECTION 33, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, WHICH LIES SOUTH OF CHICAGO,
BURLINGTON AND QUINCY RAILROAD RIGHT OF WAY AND NORTH
OF VAN EMMON STREET, IN THE UNITED CITY OF THE VILLAGE OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
The application materials for the proposed Special Use are on file with the City
Clerk.
NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City
of Yorkville will conduct a public hearing on said application on Wednesday, April
13, 2016 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game
Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without
further notice being published.
All interested parties are invited to attend the public hearing and will be given an
opportunity to be heard. Any written comments should be addressed to the United
City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois,
and will be accepted up to the date of the public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall
County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
Purpose
The purpose of this memorandum is to provide the Plan Commission with an update on the
action taken by the City Council on the items previously presented to and recommended by the Plan
Commission at a prior meeting.
City Council Action:
The City Council reviewed the Plan Commission’s recommendation regarding the following
items during their meeting held on February 23, 2016 and made the following final determination as
indicated in their vote below:
1. PC 2016-02 The Law Office Corporation, petitioner, has filed applications with the United
City of Yorkville, Kendall County, Illinois, requesting special use permit approval for a
proposed tavern – nightclub or lounge in an existing building zoned within the B-2 Retail
Commerce Business District pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning
Ordinance. The real property is located at 226 South Bridge Street in Yorkville, Illinois.
Colosimo-aye; Koch-aye; Kot-aye: Milschewski-aye; Funkhouser-aye;
Frieders-aye; Tarulis-aye.
7 ayes; 0 nays.
2. PC 2016-03 Unified Faith in Christ Church, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for
a Small Religious Institution that is defined in Section 10-2-3 of the Yorkville Zoning
Ordinance as having less than 400 seats and 8,000 square feet of floor area in an existing
building zoned within the M-1, Limited Manufacturing District pursuant to Chapter 6, Table
10.06.02 of the Yorkville Zoning Ordinance. The real property is located at 210 Beaver Street,
Unit A in Yorkville, Illinois.
Colosimo-aye; Koch-aye; Kot-aye: Milschewski-aye; Funkhouser-aye;
Frieders-aye; Tarulis-aye.
7 ayes; 0 nays.
Memorandum
To: Plan Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Chris Heinen, Planner
Date: March 29, 2016
Subject: City Council Action Updates
1