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Planning and Zoning Commission Packet 2016 09-14-16 PLANNING AND ZONING COMMISSION AGENDA Wednesday, September 14, 2016 7:00 PM Yorkville City Hall Council Chambers 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: August 10, 2016 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2016-03 Alexander Berman, Petitioner, on behalf of Kendall Holdings I, LLC, Owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the requirements of City Code Section 10-20-6-C regarding Yard Requirements for signs to allow an existing multi-tenant business sign to be located less than five feet (5’) from any driveway and lot line. The existing sign is located at the entrance to the Kendall Marketplace shopping center at US 34 and Isabel Drive. Old Business New Business 1. PZC 2016-03 Alexander Berman, Petitioner, on behalf of Kendall Holdings I, LLC, Owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the requirements of City Code Section 10-20-6-C regarding Yard Requirements for signs to allow an existing multi-tenant business sign to be located less than five feet (5’) from any driveway and lot line. The existing sign is located at the entrance to the Kendall Marketplace shopping center at US 34 and Isabel Drive. - Action Item Sign Variance Additional Business 1. City Council Action Updates The following items were presented to the City Council on August 23, 2016. a. PZC 2016-01 The United City of Yorkville will conduct a public hearing regarding the adoption of a proposed update to the Yorkville Comprehensive Plan, including a new future land use map, pursuant to section 11-12-7 of the Illinois Municipal Code (65 ILCS 5/11-12-7) and Section 9-1-1 of the Yorkville City Code. United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us - Action Item Comprehensive Plan Adoption b. PZC 2016-02 Jet’s Towing and Services, petitioner, has filed an application with Kendall County requesting a Zoning Map Amendment (rezoning) from A-1 Agricultural to M-1 Limited Manufacturing. The property is located at 790 Eldamain Road in Bristol Township and is currently being used for a towing and truck storage area. - Action Item 1½ Mile Review (Rezoning) Adjournment Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE PLANNING AND ZONING COMMISSION City Council Chambers Wednesday, August 10, 2016 7:00pm Commission Members in Attendance: Chairman Randy Harker Don Marcum Jeff Olson Richard Vinyard Bill Gockman Reagan Goins Deborah Horaz Other City Staff Krysti Barksdale-Noble, Community Development Director Jason Engberg, Sr. Planner Chris Funkhouser, Alderman Other Guests Christine Vitosh, Depo Court Megann Horstead, Beacon News Nick Kalogeresis, Lakota Group 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. Previous Meeting Minutes None (No minutes, this is the first meeting of this newly formed Commission). Citizen’s Comments None Public Hearings Chairman Harker explained the procedure for the Hearing and swore in those who would speak at the Public Hearing. A motion to open the Public Hearing was made and seconded by Commissioners Horaz and Goins, respectively, at approximately 7:03pm. Roll call: Goins-yes, Horaz-yes, Marcum-yes, Olson-yes, Vinyard-yes, Gockman-yes, Harker-yes. Passed 7-0. 1. PZC 2016-01 The United City of Yorkville will conduct a Public Hearing regarding the adoption of a proposed update to the Yorkville Comprehensive Plan, including a new future land use map, pursuant to section 11-12-7 of the Illinois Municipal Code (65 ILCS 5/11-12-7) and Section 9-1-1 of the Yorkville City Code. Page 2 of 3 (See Court Reporter's Transcript of Hearing) After the Comp Plan presentation was concluded at approximately 7:47pm, a motion was made by Vinyard and seconded by Horaz to close the Public Hearing. Roll call: Horaz-yes, Marcum-yes, Olson-yes, Vinyard-yes, Gockman-yes, Goins-yes, Harker-yes. Passed 7-0. Old Business – None New Business 1. PZC 2016-01 Comprehensive Plan (see #1 above) Action Item Comprehensive Plan Adoption Chairman Harker commented that The Lakota Group did a fantastic job on the Plan. He asked for a motion of approval of the Finding of Fact and adoption of the Plan. Commissioner Horaz made a motion as follows: In consideration of testimony presented during a Public Hearing on August 10, 2016 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council a request to adopt the proposed Comprehensive Plan Update as prepared and presented by The Lakota Group dated August 4, 2016 and summarized in a staff memorandum dated August 3, 2016. Seconded by Commissioner Goins. Roll call: Marcum-Abstain, Olson-yes, Vinyard-yes, Gockman-yes, Goins-yes, Horaz- yes, Harker-yes. Passed: 6 yes, 1 abstain. 2. PZC 2016-02 Jet's Towing and Services, petitioner, has filed an application with Kendall County requesting a Zoning Map Amendment (rezoning) from A-1 Agricultural to M-1 Limited Manufacturing. The property is located at 790 Eldamain Road in Bristol Township and is currently being used for a towing and truck storage area. Action Item 1-1/2 Mile Review (Special Use) Ms. Noble said this case was a compliance issue and the petitioner is operating illegally since it is not zoned for this use. It is a 9-acre parcel and the owner wants to rezone. The current Comp Plan shows this area as industrial and the owner is looking at a new use to be consistent with the Comp Plan. City staff has objections to the petition as outlined in the staff memo and the County objects also. The committee opposed the current use and noted the owner lives there also. Mr. Marcum made a motion to recommend a formal objection be made which will be filed with the County and to also approve staff recommendations. Ms. Goins seconded the motion. Roll call: Olson-yes, Vinyard-yes, Gockman-yes, Goins-yes, Horaz-yes, Marcum-yes, Harker-yes. Passed 7-0. Additional Business Chairman Harker welcomed Jason Engberg, who is the new Sr. Planner for the City as of August 1st. He was previously a City intern 3-4 years ago. Page 3 of 3 1. 2016 Planning and Zoning Commission Meeting Schedule The Commission will meet on the second Wednesday of the month at 7:00pm. Mr. Engberg said there may be training at either the October or November meeting and will be take about 2-2.5 hours. The training will be done by someone who conducts Planning and Zoning training all over the State. 2. Appointment of a Vice-Chairperson for the Planning and Zoning Commission This is an appointment made each Fiscal Year. Chairman Harker nominated Reagan Goins in a motion and Mr. Marcum seconded the motion. No objections. Adjournment There was no further business and meeting adjourned at 8:04pm. Respectfully submitted by Marlys Young, Minute Taker Existing Kendall Marketplace Sign Summary: On August 29, 2016 the petitioner, Alex Berman on behalf of Kendall Holdings I, LLC filed an application with the United City of Yorkville, Illinois requesting a sign variance. The sign for which the variance is being requested is an existing sign located at the northeast corner of Route 34 and Isabel Drive (see inset photograph). While the sign currently meets all Yorkville zoning standards, the planned widening of U.S. Route 34 by the Illinois Department of Transportation (IDOT) will expand the public right-of-way to within one (1) foot of the sign (see attached). Request: As planned, the expansion will result in the current monument sign for the Kendall Marketplace Commercial development being noncompliant with the Yorkville Zoning Ordinance Section 10-20-6-C General Provisions: Yard Requirements which states that signs shall be located at least five feet (5’) from any driveway and lot line. The new established lot line, once U.S. Route 34 is expanded, will be within the five foot (5’) required setback and will make the sign a nonconforming structure. The Yorkville Zoning Ordinance Section 10-15-4C Elimination of Nonconforming Buildings, Structures and Uses states any nonconforming signs and any billboards and outdoor advertising structures shall be removed after five (5) years of their nonconformance. Therefore, the petitioner is requesting a variance to the five foot (5’) setback regulations to ensure that the sign will stay in compliance and will not have to be removed within the next five (5) years. The petitioner has taken a proactive approach and is requesting the variance before the sign becomes a nonconforming structure. While the sign will be closer than five feet (5’) to the new lot line, the existing walkway, proposed new bike trail, and landscaping will remain intact resulting in an approximate thirty foot (30’) distance from the edge of street pavement to the actual sign. Memorandum To: Planning and Zoning Commission From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: September 7, 2016 Subject: PZC 2016-03 Kendall Marketplace Sign Variance Standards for Granting a Variance: The Planning and Zoning Commission must base its decision to vary, or recommend varying, the Petitioner’s request for relief of the Zoning Ordinance regulation upon the following standards (Section 10-4-7-C): 1. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. 3. The alleged difficulty or hardship is caused by this title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. 6. The proposed variation is consistent with the official comprehensive plan and other development standards and policies of the city. The petitioner has provided written responses to these variance standards as part of their application and requests inclusion of those responses into the public record. In addition to the procedures and standards listed in Section 10-4-7-C of the Zoning Code regarding variations from the requirements, the Planning and Zoning Commission also considered the following factors related to sign variance requests (Section 10-20-13: Sign Variations): 1. If the sign was erected legally with a sign permit. 2. If there are any unique physical characteristics of the property. 3. If there are limited available locations for signage on the property. 4. The cost to the applicant of complying with the requirements of this chapter. 5. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit. 6. If the sign is on a street with twenty thousand (20,000) or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right of way without a public entrance. Planning and Zoning Commission Action: Upon closing the hearing, staff requests that the Planning and Zoning Commission make its findings for a sign variance based upon each of the standards listed above and evidence provided by the applicant during the public hearing. The purpose of the standards is to help guide you in making your decision. Municipal Code 10-4-7-D outlines occasions when the Planning and Zoning Commission may make a final determination. The Planning and Zoning Commission will make the final approval for this variance request since the variance is required due to an authorized governmental entity exercising eminent domain. After making your findings, an approval regarding the variance request is required. Your recommendation may be to approve the requested variance, recommend approval of the requested variance with condition(s), or recommend denial of the requested variance. Staff Comments: As stated above, this case will be reviewed and authorized by the Yorkville Planning and Zoning Commission and will not need City Council’s approval. This is due to the regulation within the Yorkville Zoning Ordinance Section 10-4-7-D-1-h which states authorized variations from the regulations shall be granted by the Planning and Zoning Commission if a lot of record or a zoning lot is changed due to eminent domain by any authorized governmental domain (IDOT) proceeding. This request was presented to the Yorkville Economic Development Committee on September 6, 2016 and received positive remarks and feedback from all committee members. This was due to the fact that the actual distance between the sign and actual street pavement will not change. Recommendation: Once the new right-of-way line is designated, the existing monument sign for the Kendall Marketplace retail development will become a nonconforming sign per the Yorkville Zoning Ordinance. Since the sign will remain the same distance from the edge of the street pavement and not impede traffic or vision at the intersection, staff is recommending approval of this variance to the Planning and Zoning Commission. Proposed Motion for Variance: In consideration of testimony presented during a Public Hearing on September 14, 2016 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a request to vary the sign regulations contained in Section 10-20-6-C of the United City of Yorkville Zoning Ordinance to permit a free standing monument sign in a business district to be within five feet (5’) of the from the property’s lot line, as presented by staff in a memorandum dated September 7, 2016 and further subject to {insert any additional conditions of the Zoning Board of Appeals}… Attachments: 1. Application 2. Public Hearing Notice Kendall Marketplace Sign Location and Proposed Right-of-Way Designation 1 A MOTION OF THE PLANNING AND ZONING COMMISSION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, GRANTING A SIGN VARIANCE FOR THE SIGN LOCATED AT THE NORTHEAST CORNER OF ROUTE 34 AND ISABEL DRIVE (Kendall Marketplace) WHEREAS, Section 10-4-7D of the United City of Yorkville Zoning Ordinance (“Zoning Code”) authorizes the Planning and Zoning Commission (“P&ZC”) to consider the approval of authorized variations in Section 10-4-7D.1 of the Zoning Code; and, WHEREAS, application PZC 2016-03, filed by Kendall Holdings I, LLC (the Applicant”), requested variance from Section 10-20-6C to allow the existing conforming free- standing monument sign located at the northeast corner of Route 34 and Isabel Drive to be closer than five feet (5’) to the lot line after expansion of the Route 34 right-of-way by the State of Illinois with respect to the real property described in Section 1 herein (the “Subject Property”); and, WHEREAS, the variance is requested by the Applicant to avoid the legal non-conforming status of the sign after the expansion of the right-of-way; and, WHEREAS, Notice of a public hearing on said application was published and pursuant to said notice the P&ZC of the City conducted a public hearing on September 14, 2016, on said application in accordance with the State statutes and the ordinances of the City; and, WHEREAS, the P&ZC made the required written Findings of Fact finding that the variation met the standards in Section 10-4-7C and Section 10-20-13 of the Zoning Code. NOW, THEREFORE, the Planning and Zoning Commission hereby finds as follows: 2 Section 1: That this Motion shall apply to the Subject Property commonly known as the Kendall Marketplace development and legally described on Exhibit A attached hereto and made a part hereof by reference with Property Index Numbers of 02-29-101- 001 and 002, and 02-29-131-001 and 002. Section 2: That a variation pursuant to Section 10-4-7 and 10-20-13 of the Zoning Code to permit the existing free standing monument sign to be located closer than five feet from the lot is hereby granted for the Subject Property. Section 3: That the sign shall continue to be constructed, operated and maintained in accordance with the requirements of the Yorkville City Code. Section 5: That the approval of the variance shall be subject to the following conditions: ________________________________________________________ Approved by the Planning and Zoning Commission of the United City of Yorkville, Kendall County, Illinois this ___ day of ________, 2016. ____________________________________ Chairperson ____________________________________ Community Development Director PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLANNING AND ZONING COMMISSION PZC 2016-03 NOTICE IS HEREWITH GIVEN THAT Alexander Berman, Petitioner, on behalf of Kendall Holdings I, LLC, Owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the requirements of City Code Section 10-20-6-C regarding Yard Requirements for signs to allow an existing multi-tenant business sign to be located less than five feet (5’) from any driveway and lot line. The existing sign is located at the entrance to the Kendall Marketplace shopping center at US 34 and Isabel Drive. The request is a result of the pending widening and reconstruction of US 34 by the Illinois Department of Transportation. The overall real property consists of approximately 193 acres, and is located at the northwest corner of U.S. Route 34 and Cannonball Trail in Yorkville, Illinois and is commonly known as Kendall Marketplace. The legal description and specific parcels affected by the proposed variances are as follows: LEGAL DESCRIPTION OF DEVELOPER TRACT PART OF LOTS 1 AND 5 IN KENDALL MARKETPLACE, ACCORDING TO THE PLAT RECORDED AS DOCUMENT NUMBER 200700014779 IN THE KENDALL COUNTY RECORDER'S OFFICE, DESCRIBED AS FOLLOWS, USING BEARINGS AND DISTANCES REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE (NAO 83, 2011 ADJ.): COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE SOUTH 85 DEGREES 32 MINUTES 16 SECONDS EAST 148.84 FEET ALONG THE SOUTH LINE OF SAID LOT 5 TO THE POINT OF BEGINNING; THENCE NORTH 84 DEGREES 56 MINUTES 58 SECONDS EAST 25.35 FEET; THENCE SOUTH 85 DEGREES 30 MINUTES 38 SECONDS EAST 175.00 FEET; THENCE SOUTH 76 DEGREES 12 MINUTES 34 SECONDS EAST 25.33 FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE NORTH 85 DEGREES 32 MINUTES 16 SECONDS WEST 225.00 FEET ALONG THE SOUTH LINES OF LOTS 1 AND 5 TO THE POINT OF BEGINNING, CONTAINING 0.019 ACRE (830 SQUARE FEET), MORE OR LESS, (AREA BASED ON GROUND MEASUREMENTS), SITUATED IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, STATE OF ILLINOIS. P.I.N.: 02-29-101-001, 02-29-101-002, 02-29-131-001 and 02-29-131-002 NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of Yorkville will conduct a Public Hearing on said variance request on Wednesday, September 14, 2016 at 7 p.m. at the Yorkville City Hall, 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 1 Purpose The purpose of this memorandum is to provide the Planning and Zoning Commission with an update on the action taken by the City Council on the items previously presented to and recommended by the Planning and Zoning Commission at a prior meeting. City Council Action: The City Council reviewed the Planning and Zoning Commission’s recommendation regarding the following items during their meeting held on August 23, 2016 and made the following final determination as indicated in their vote below: 1. PZC 2016-01 The United City of Yorkville will conduct a public hearing regarding the adoption of a proposed update to the Yorkville Comprehensive Plan, including a new future land use map, pursuant to section 11-12-7 of the Illinois Municipal Code (65 ILCS 5/11-12-7) and Section 9-1-1 of the Yorkville City Code. Item was presented as a 1st reading at the 8-23-16 meeting and a final determination will be made at the 09-13-16 meeting. Staff will provide a verbal update will be provided at the Planning and Zoning Commission meeting. 2. PZC 2016-02 Jet’s Towing and Services, petitioner, has filed an application with Kendall County requesting a Zoning Map Amendment (rezoning) from A-1 Agricultural to M-1 Limited Manufacturing. The property is located at 790 Eldamain Road in Bristol Township and is currently being used for a towing and truck storage area. The City Council members voted unanimously to file a formal objection with the Kendall County Board urging denial of the petition for rezoning. The vote record is below and staff has attached the executed resolution provided to Jeff Wilkins, Kendall County City Administrator. Colosimo-aye; Koch-aye; Kot-aye: Milschewski-aye; Funkhouser-aye; Frieders-aye; Tarulis-aye ; Teeling-aye. 8 ayes; 0 nays. Memorandum To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Jason Engberg, Senior Planner Date: September 6, 2016 Subject: City Council Action Updates Resolution No. 2016-1— A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, RECOMMENDING DENIAL AND FILING OF A WRITTEN PROTEST TO THE PROPOSED REZONING REQUEST IN PETITION NUMBER 16-22 FOR THE PROPERTY AT 790 ELDAMAIN ROAD IN BRISTOL TOWNSHIP WHEREAS, the United City of Yorkville (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, J. A. Schleining LLC (the "Applicant") has filed an application with the County of Kendall for the rezoning of its property at 790 Eldamain Road from A-1 Agricultural to M-1 Limited Manufacturing for a truck towing and truck storage business that is within 1.5 miles of the corporate limits of the City; and, WHEREAS, the City has adopted a Comprehensive Plan that includes the Applicant's property which update designated this property for estate/conservation residential uses; and, WHEREAS, the City's Planning and Zoning Commission considered the rezoning petition at its public meeting on August 15, 2016 and recommended by a 7 aye and 0 no vote to the City Council that such request be denied and a formal objection by written protest be filed by the City in that the proposed manufacturing use is currently being operated in violation of the existing Kendall County zoning regulations, that it was inappropriate when compared to the surrounding agricultural zoned uses and that it is inconsistent with the City's Comprehensive Plan Update; and, WHEREAS, the Mayor and City Council (the "Corporate Authorities") have considered the recommendation of the Planning and Zoning Commission and agree that the rezoning does not meet the factors established by the Illinois Supreme Court in the LaSalle National Bank and Sinclair Pipe Line cases in that: 1. The existing uses and zoning of the nearby property are agricultural and the rezoning would create spot zoning of incompatible uses, 2. The property values of the adjacent property would be diminished by the rezoning allowing such dissimilar uses to be adjacent, 3. The reduction of adjacent property values would not promote the health, safety, morals and general welfare of the pubic, 4. There is no relative gain for such a business that is lawfully permitted in many other locations in the County compared to the potential hardships of adjoining property owners, 5. The suitability of the property for this use cannot be assumed because such a use is currently in violation of the county's zoning regulations and rezoning will not change the reason that it is currently in violation, 6. The property has not been vacant considering the land use in the area, 7. There is no community need for such a use as such a use is permitted in many other locations in the County, and Resolution No.2016- 0-29 Page 1 8. The City has undertaken much review and care in the adoption of its Zoning Ordinance and Comprehensive Plan Update that makes the rezoning uses inconsistent with those regulations; and, WHEREAS, the Corporate Authorities concur with the recommendation of the Planning and Zoning Commission for the denial of this rezoning and the filing of this written protest requiring the favorable vote of 3/ of all members of the County Board if such application was considered for approval pursuant to Section 5-12014 of the Counties Code(55 ILCS 5/5-12014). 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 herein and made a part of this Resolution. Section 2: That the Corporate Authorities hereby request that the Kendall County Board deny the rezoning application, Petition Number 16-22, for 790 Eldamain Road or in the alternative not approve without a 3/ vote of the County Board and require all business operations to be within enclosed buildings and not allow any storage on gravel surfaces. Section 3: That the City Clerk shall send a certified copy of this Resolution to the Kendall County Department of Planning, Building & Zoning and to the Kendall County Clerk. The City Clerk shall also send a copy by certified mail to the applicant and applicant's attorney. Section 4: This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this C2-day of 2016. CARLO COLOSIMO C KEN KOCH CITY CLERK JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS DIANE TEELING SEAVER TARULIS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 14 LkCi u 5 T 12016. 41)vA MA Resolution No.2016- CR8 Page 2