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Plan Commission Minutes 2016 02-10-16Page 1 of 4 APPROVED 4/20/16 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 2 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 Page 3 of 4 said the Food Pantry is nearby and is a great opportunity for the church. The Commission then considered the Findings of Fact. 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 4 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 PC 2016-02 PC 2016-02