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Planning and Zoning Commission Packet 2017 03-08-17 PLANNING & ZONING COMMISSION AGENDA Wednesday, March 8, 2017 Yorkville City Hall Council Chambers 800 Game Farm Road -------------------------------------------------------------------------------------------------------------------- Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: February 8, 2017 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings Old Business New Business 1. PZC 2017-03 - DKR Group, Inc., and Keith and Kathleen Warpinski have filed an application with Kendall County requesting an A-a Special Use on 6.9 acres to operate a landscaping business for the purpose of building a 6,000 square foot storage building as part of that business operation. The real property is located as the north side of Walker Road, approximately 0.31 miles east of IL Route 47 in unincorporated Kendall Township. - Action Item 1 ½ Mile Review (Special Use) Additional Business 1. City Council Action Updates The following items were presented to the City Council on February 28, 2017. a. PZC 2017-01 Dover Development, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting authorization of an amendment to the existing Cannonball Trails Planned Unit Development and Annexation Agreement for the purpose of constructing a new two-story assisted living with memory care facility. The petitioner seeks to amend the previously approved exhibits in the Planned Unit Development to incorporate a revised conceptual site plan and to allow for all uses that are currently permitted in the B-1 Local Business District, B-2 Retail Commerce Business District and O Office District, specifically and without limitation to assisted living and memory care, adult daycare facilities and medical office uses. Additional requested amendments to the Planned Unit Development and Annexation Agreement relate to expiration of recapture payments, requirements for certain public infrastructure improvements and site signage. Action – Motion approved with amendments by City Council, 7 ayes; 0 no Adjournment United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Page 1 of 3 DRAFT PLANNING & ZONING COMMISSION City Council Chambers 800 Game Farm Road, Yorkville, Il Wednesday, February 8, 2017 7:00pm Planning & Zoning Commission Members in Attendance: Bill Gockman Deborah Horaz Don Marcum Jeff Olson Richard Vinyard Randy Harker Absent: Reagan Goins City Staff Krysti Barksdale-Noble, Community Development Director Jason Engberg, Senior Planner Other Guests Christine Vitosh, Court Reporter David Schultz, Engineer-HR Green Lynn Dubajic, City Consultant Jordan Dorsey, Dover Development Verne Henne, resident Bob Clack, Oak Knolls Paul Crawford, resident Kyle & Martha Price, Oak Knolls Duane Orton, Cannonball Trail Rhonda & Loren Miller, Oak Knolls Meeting Called to Order Planning and Zoning Commission 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 January 18, 2017 The minutes of the meeting were approved on a motion and second by Commissioners Vinyard and Horaz, respectively. Roll call: Horaz-yes, Marcum-abstain, Olson-yes, Vinyard-yes, Gockman-yes, Harker- yes. Passed—5 yes, 1 abstain Citizen’s Comments None Public Hearings Chairman Harker swore in those who would present testimony and explained the procedure for the Hearing. The Public Hearing was opened at 7:03pm on a motion by Mr. Vinyard and second by Mr. Gockman. Roll call: Horaz-yes, Marcum-yes, Olson-yes, Vinyard-yes, Gockman-yes, Harker-yes. Passed 6-0. Page 2 of 3 Chairman Harker read the details of the Public Hearing as follows: 1. PZC 2017-01 Dover Development, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting authorization of an amendment to the existing Cannonball Trails Planned Unit Development and Annexation Agreement for the purpose of constructing a new two-story assisted living with memory care facility. The petitioner seeks to amend the previously approved exhibits in the Planned Unit Development to incorporate a revised conceptual site plan and to allow for all uses that are currently permitted in the B-1 Local Business District, B-2 Retail Commerce Business District and O Office District, specifically and without limitation to assisted living and memory care, adult daycare facilities and medical office uses. Additional requested amendments to the Planned Unit Development and Annexation Agreement relate to expiration of recapture payments, requirements for certain public infrastructure improvements and site signage. (See Court Reporter's Transcript) A motion was made at 7:31pm to close the Public Hearing. Motion and second by Commissioners Vinyard and Marcum, respectively. Roll call: Marcum-yes, Olson-yes, Vinyard-yes, Gockman-yes, Horaz-yes , Harker-yes Passed 6-0. Old Business None New Business 1. PZC 2017-01 same as #1 above) The Commissioners commented favorably about this development. The 63,000 square foot project is scheduled to take about one year to build with a starting date of April. Chairman Harker read the six standards and the Commissioners responded with positive answers. These standards were requested to become a permanent part of the record. Commissioner Olson inquired about the utilities recapture. Ms. Noble said the agreement is no longer in effect and fees are not being collected. Ms. Noble listed five conditions requested by staff for the Special Use: size and timing of the signs, final approval is subject to the final engineering plan, city staff must approve landscaping and photometric plans and must adhere to appearance code standards. Action Item Amended Planned Unit Development (PUD)-Final Plat A motion to approve was made by Mr. Olson and seconded by Mr. Vinyard. Mr. Vinyard stated the motion as follows: In consideration of testimony presented during a Public Hearing on February 8, 2017 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council a request to amend the existing Cannonball Trails Planned Unit Development (PUD) and proposed Final PUD Plat for the approximately 6.7-acre property located at the northeast corner of US 34 (Veterans Parkway) and Cannonball Trail, in Yorkville, Illinois subject to the five points that staff recommended. Page 3 of 3 Roll call: Olson-yes, Vinyard-yes, Gockman-yes, Horaz-yes, Marcum-yes, Harker-yes. Passed 6-0. Additional Business City Council Action Updates: On January 24, 2017, the City Council voted to approve PZC 2016-05 for revision of text amendments. Adjournment There was no further business and the meeting was adjourned at 7:40pm. Respectfully submitted by Marlys Young, Minute Taker 1 1 2 3 4 5 UNITED CITY OF YORKVILLE 6 YORKVILLE, ILLINOIS 7 8 9 PLANNING AND ZONING COMMISSION MEETING 10 PUBLIC HEARING 11 12 13 14 15 800 Game Farm Road 16 Yorkville, Illinois 17 18 19 Wednesday, February 8 , 2017 20 7 : 00 p .m. 21 22 23 24 Vitosh Repotting Service 815 . 993 . 2832 cros .vitosh@gmail . com 2 1 PRESENT : 2 Mr . Randy Harker, Chairman, 3 Mr . Bill Gockman, 4 Ms . Deborah Horaz, 5 Mr . Don Marcum, 6 Mr . Jeff Olson, 7 Mr . Richard Vinyard . 8 9 ALSO PRESENT : 10 Ms . Krysti Noble, Community Development 11 Director, 12 Mr . Jason Engberg, Senior Planner, 13 Ms . Marlys Young, Minute Taker . 14 15 16 17 18 19 20 21 22 23 24 vitosh Deporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 3 1 The following 2 proceedings were had in 3 public hearing : ) 4 CHAIRMAN HARKER : We are going to go to 5 the public hearings portion of the meeting . 6 There is one item on the public hearing agenda 7 for tonight ' s meeting for the Planning and Zoning 8 Commission . 9 The purpose of this hearing is to 10 invite testimony from the members of the public 11 regarding the proposed request that is being 12 considered before the Board tonight . 13 Public testimonies from persons who 14 wish to speak may be for or against the request, 15 or to ask questions of the petitioner regarding 16 the request being heard . 17 Those persons wishing to testify are 18 asked to speak clearly, one at a time, state your 19 name and who you represent, if anyone . You are 20 also asked to sign in at the podium or on the 21 clipboard that ' s going to be coming around . 22 If you plan to speak during 23 tonight ' s public hearing as a petitioner or a 24 member of the public, please stand, raise your Vitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail . com 4 1 right hand and repeat after me . 2 Witnesses sworn . ) 3 CHAIRMAN HARKER: All right . So the 4 order for the testimony will be as follows : The 5 petitioner is going to make their presentation 6 and then those who wish to speak in favor of the 7 request being heard; those people that would 8 speak in opposition of the request; and then any 9 questions from the Planning and Zoning Commission 10 to the petitioner . 11 May I have a motion to open the 12 public hearing on petition number PZC 2017-01 ? 13 COMMISSIONER VINYARD: So moved . 14 COMMISSIONER MARCUM : Second. 15 CHAIRMAN HARKER: Roll call vote on the 16 motion, please . 17 MS . YOUNG: Horaz . 18 COMMISSIONER HORAZ : Yes . 19 MS . YOUNG: Marcum. 20 COMMISSIONER MARCUM: Yes . 21 MS . YOUNG: Olson . 22 COMMISSIONER OLSON : Yes . 23 MS . YOUNG : Vinyard . 24 COMMISSIONER VINYARD: Yes . Vitosh Deporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 5 1 MS . YOUNG: Gockman . 2 COMMISSIONER GOCKMAN : Yes . 3 MS . YOUNG: Harker . 4 CHAIRMAN HARKER : Yes . 5 PZC 2017-01 , Dover Development, LLC, 6 petitioner, has filed an application with the 7 United City of Yorkville, Kendall County, 8 Illinois , requesting authorization of an 9 amendment to an existing Cannonball Trails 10 Planned Unit Development and Annexation Agreement 11 for the purpose of constructing a new two-story 12 assisted living with memory care facility . 13 The petitioner seeks to amend the 14 previously approved exhibits in the Planned Unit 15 Development to incorporate a revised conceptual 16 site plan and to allow for all uses that are 17 currently permitted in the B-1 Local Business 18 District, B-2 Retail -- I ' m sorry, Retail 19 Commerce District, Business District, 0, Office 20 District, specifically and without limitation to 21 the assisted living and memory care, adult 22 daycare facilities , and medical office uses . 23 Okay . So is the petitioner present 24 and ready to give your presentation? Vitosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 6 1 JORDAN DORSEY, 2 having been first duly sworn, testified from the 3 podium as follows : 4 MR. DORSEY : Good evening . My name is 5 Jordan Dorsey . I am with Dover Development . I 6 want to thank you all for your time tonight . I 7 serve on one of these in southern Illinois , so I 8 know it means a night away from your family and 9 we appreciate it . 10 So Dover Development, as you ' ve seen 11 in your packet, is proposing an assisted living 12 and memory care at Cannonball Trail and 13 Highway 34 . 14 Just a quick summary of our project, 15 73-unit assisted living and memory care, so the 16 memory care portion will be 20 units , the 17 assisted living will be 53 units . 18 So Dover and Cedarhurst Living, 19 which is our management company and will be 20 operating this building, it will be known as 21 Cedarhurst of Yorkville, we are a developer, 22 owner and operator of assisted living 23 communities . 24 Here in the northern part of the Vitosh Deporting Service 815. 993 . 2832 cros .vitosh@gmail .com 7 1 state we have a project going on in Naperville 2 right now. We are primarily a St . Louis 3 developer, and Kansas City . So we ' re real 4 excited to be here . I know Dave has got a little 5 more details to show you on the building . So 6 this is kind of what it looks like . We are happy 7 to answer any questions and address any concerns 8 anybody has tonight . 9 DAVID SCHULTZ, 10 having been first duly sworn, testified from the 11 podium as follows : 12 MR. SCHULTZ : Good evening . David 13 Schultz with HR Green representing Dover 14 Development . I am the civil engineer and I am 15 here to answer any questions you may have 16 regarding the development concept plan and give 17 you any other additional information you may 18 have . 19 UNIDENTIFIED AUDIENCE MEMBER: Can you 20 turn up the mic? Is the mic on? We can ' t hear 21 you . 22 MR . SCHULTZ : Hello? 23 MS . NOBLE : It ' s not on typically, just 24 hold it . Vitosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 8 1 MR. SCHULTZ : There we go . Sorry about 2 that . 3 CHAIRMAN HARKER : I 'm going to ask staff 4 to give more about -- fill us in with some more 5 details on that . 6 MS . NOBLE : Okay . This project is 7 located on the northeast corner of Cannonball 8 Trail and Veteran ' s Highway -- Parkway, rather . 9 It is about six -- 6 . 7 acres, depending on if you 10 are including the area that ' s a little bit north, 11 6 . 1 acres . 12 It was originally annexed with a PUD 13 in August of 2000 . At that time it was a 14 commercial land use that was going in, and that 15 agreement was then amended in 2008 to expand the 16 commercial footprint with multiple users on the 17 site . 18 Since that time there was a final 19 plat approved for this project with a PUD plan 20 attached to it ; nothing happened in the 21 development of that project, so things kind of 22 sat for a while . 23 The developer tonight approached the 24 City with a proposal for an assisted living and Vitosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 9 1 memory care facility, about 65 , 000 square feet . 2 It ' s a two-story unit . As the Dover 3 representative mentioned, it will be about 4 73 units . 5 As part of that structure, they are 6 going to adhere to all of the setback 7 requirements for the B-2 District, so the 8 original plan had a B-2 underlying zoning as a 9 planned unit development . They are going to 10 continue that B-2 land use for the assisted 11 living care . 12 There will be some ancillary uses 13 within the building that are specifically for the 14 tenants or the residents of the building, and 15 there is a proposal for a future separate 16 building to the north of this -- if you could 17 show the site plan -- of the approved building 18 and parking area, and to the north there will be 19 a separate future building, which they are 20 proposing at this time would be office . 21 They don ' t know for sure what the 22 use will be, but it will be consistent with 23 what ' s permitted in the office, the B-1 and B-2 24 zoning district . Vitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail .com 10 I They are asking for relief only in 2 regards to the signage for the site . They are 3 proposing three signs for the site . As part of 4 the request, those signs , Staff has recommended 5 that two of the signs be allowed initially with 6 the primary use, which is the assisted living 7 facility, and that one sign would be at the 8 intersection of Cannonball and -- Cannonball and 9 34 , and the other one just a little bit north . 10 There is a third sign proposed; 11 staff is asking that that sign not be installed 12 until such time as that second building, second 13 access drive, is constructed . 14 In regards to traffic and parking, 15 the original commercial plan for this development 16 had a deceleration lane on -- headed -- that 17 would be west on Cannonball -- on 34 , turning 18 onto Cannonball Trail . 19 In regards to the trip generation, 20 for this type of land use, it would be less than 21 what ' s anticipated for commercial land use, so 22 our engineer and staff felt that that decel lane 23 is not necessary . 24 Trips generated from this site will Vitosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 11 1 only be for those visiting loved ones in the 2 facilities or for shift changes for the 3 facilities, and Jordan can talk to the maximum 4 number of employees at any one time for this 5 facility, and that will be approximately -- 6 MR. DORSEY : Yeah, sure . Total 7 employees for the building over all three shifts 8 would be somewhere in the 40 range, so there 9 would be no more staff in the building at any 10 given time, probably around 10, 12 , 15 at the 11 maximum, and then another point to make is that 12 20 units of the building are memory care, so if 13 you ' re not familiar with memory care, it ' s 14 specifically designed for residents with 15 Alzheimer ' s or related dementias, so it ' s 16 specifically a secure wing of our building, and 17 it will be in the rear portion of the first 18 floor, and the distinction between memory care 19 and assisted living, like I said, all the 20 residents have some form of dementia, most likely 21 Alzheimer ' s . That portion of the building is 22 specially locked down and the staff is all 23 trained by the Alzheimer ' s Association 24 specifically to deal with residents that have Vitosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 12 1 dementia . 2 So the reason I point that out is 3 none of the residents that are in that unit, 4 obviously none of them will be driving, so very 5 few of our residents in the assisted living have 6 vehicles . 7 So what we ' re really talking about, 8 like Krysti said, are, you know, a few visitors 9 here and there during the daytime, and then the 10 shift changes would be no more than, you know, 11 ten vehicles at a time . 12 MS . NOBLE : As far as parking 13 accommodations off-site, it would be provided -- 14 the City Code requires a half parking space for 15 dwelling units , which is about 37 spaces . The 16 petitioner is offering to provide 46 spaces, so 17 they are meeting and exceeding that requirement . 18 Based off of trip generations and 19 what kind of capacity is allowed right now on 20 Cannonball Trail and 34 , you can see that there 21 is no need for any roadway configuration, and the 22 capacity position will be able to accommodate a 23 minimal increase in the traffic generated from 24 the site . Vitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail . com 13 1 Stormwater management consists of a 2 dry detention basin south of the property, south 3 of the building, which would be adjacent to U . S . 4 34 . 5 The natural -- the property 6 naturally drains in that direction, and also 7 storm sewer currently exists in that southeast 8 corner of the property . 9 That would be engineered and 10 reviewed by our engineer for capacity, but we 11 don ' t feel like there should be any issues in 12 regards to capacity. 13 Public utilities exist to the site 14 already. The property is immediately accessible 15 to public sewer and water . There is an existing 16 16-inch water main located on the west frontage 17 of Cannonball Trail, which they would connect to, 18 and an existing 16-inch sanitary sewer line 19 located around the north side of Cannonball Trail 20 which the addition will also connect to . 21 They will also not impact the 22 capacity right now for widening that, which is 23 the sanitary district, which will be taking in 24 the sanitary . Vitosh Deporting Service 815. 993 . 2832 cros .vitosh@gmail . com 14 1 The existing conditions around the 2 site, north is a single-family residential 3 development ; to the south, again, is the U . S . 34 , 4 which is a major arterial ; and then the Cimarron 5 Ridge commercial development to the east remains 6 undeveloped, and that ' s in Kendall County; and to 7 the west is a minor arterial road, which is 8 Cannonball Trail and the Kendall Marketplace 9 development . 10 With the transition of residential 11 to the north and commercial, both being to the 12 south and to the west, this type of use fits in 13 with density as well as land use . It ' s a nice 14 transition into -- from that commercial or the 15 high traffic transportation land use . It 16 gradually gets you to that single-family 17 development to the north . 18 Our Comprehensive Plan, which was 19 updated in 2016, states that this property ' s 20 future land use could be a suburban 21 neighborhood-type use, but also does state that 22 significant senior and active adult housing is a 23 need in the city, and such housing types are to 24 be looked at as alternative land uses to the Vitosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 15 1 existing land use that we have, so this 2 definitely is supported by our -- this land use 3 is definitely supported by our recently updated 4 Comprehensive Plan . 5 Again, as I stated, the only 6 variances that petitioner is requesting is in 7 regards to signage, which we addressed, and there 8 are criteria for these types of requests . 9 PUD is considered a special use, so 10 there are special use criteria that have to be 11 met . There are six standards . The petitioner 12 has provided responses to those standards, which 13 deal with such things as transportation, access 14 to highways , access to utilities, and they have 15 requested that those responses be entered into 16 the record. 17 Is that correct? 18 MR. DORSEY : That ' s correct . 19 MS . NOBLE : The petitioner has met all 20 the requirements for public notification; they 21 provided green cards for staff, and obviously a 22 copy of the notice that was placed in the local 23 newspaper is also attached in the packet . 24 CHAIRMAN HARKER: Awesome . Thank you . Vitosh Deporting Service 815. 993 . 2832 cros .vitosh@gmail . com 16 1 Anybody that would like to speak in 2 favor of the request being made? 3 LYNN DUBAJIC, 4 having been first duly sworn, testified from the 5 podium as follows : 6 MS . DUBAJIC : Good evening . I am Lynn 7 Dubajic . For those of you that may not know me, 8 I ' ve done economic development for the City of 9 Yorkville for 17 years, and I wanted to speak 10 to -- from an economic development standpoint . 11 I wanted to just let you know how 12 important it is for us to provide different 13 healthcare options for our residents and that 14 there is a definite need in our community, and 15 the proximity of this location to the Rush-Copley 16 health campus is an excellent use, bringing the 17 proximity of this use to the existing facility, 18 and we are working diligently also to expand 19 services there, so this helps us in that fashion . 20 This is a very significant project, 21 too . The project has a -- is it 11 or 12 million 22 dollar -- 23 MR. DORSEY : ( Indicating . ) 24 MS . DUBAJIC : -- investment in Vitosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 17 1 Yorkville, so I wanted to point that out, because 2 that significant investment will create a real 3 estate tax bill that will eventually be paid when 4 the property is built out and will help all of 5 the residents of all of the districts , of the 6 nine taxing districts that are on that tax bill, 7 that will help -- you know, when we think about 8 economic development, we think about raising 9 the -- you know, bringing in taxing that does not 10 affect our schools . 11 Obviously there will be no affect to 12 our school district, and it will help reduce the 13 burden off the existing residents , and then 14 obviously also creating jobs, and as he said, 15 this will be creating about 40 jobs , and there is 16 certainly a need, contingent need, for good jobs 17 in our community, so I just wanted to hit on 18 those topics . Thank you very much . 19 CHAIRMAN HARKER : Thank you . 20 Anybody else that would like to 21 speak in favor of the request here tonight? 22 Pardon? 23 MR. VERNE HENNE : I think it ' s a great 24 idea . vitosh Deporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 18 1 CHAIRMAN HARKER: Okay . Do you want to 2 come up? 3 MR. VERNE HENNE : No . Just a great 4 idea . There is not more you can say about it . 5 It ' s a great idea . It ' s finally a good idea . 6 CHAIRMAN HARKER : Thank you, Verne . 7 MR . VERNE HENNE : Yep . 8 CHAIRMAN HARKER: Anybody that would 9 like to come up and speak that ' s in opposition of 10 the request? 11 Would you please come up to the 12 podium, sir? 13 BOB CLACK, 14 having been first duly sworn, testified from the 15 podium as follows : 16 MR . CLACK: I 'm not -- I ' m not really in 17 opposition, I just have a couple questions . 18 CHAIRMAN HARKER : Sure . Okay . 19 MR. CLACK: I own the property just 20 north . My name is Bob -- 21 CHAIRMAN HARKER: Real quick, sir, for 22 the record, please just state your name . 23 MR. CLACK: Bob Clack, C-L-A-C-K. 24 CHAIRMAN HARKER: Thank you . Vitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail . com 19 1 MR. CLACK : And I own the property just 2 north of where they ' re wanting to put this -- 3 CHAIRMAN HARKER: Okay . 4 MR . CLACK : -- and I have just a couple 5 of questions . I see there are two tax numbers 6 assigned to this . 7 Is there another building someplace 8 or another piece of property that I don ' t know 9 about? 10 MS . NOBLE : As the property currently 11 exists in that north -- that northwest corner, 12 there is a separate parcel . 13 When this property develops , they 14 are going to consolidate both parcels into one 15 lot . 16 MR. CLACK: Okay . I see that that part 17 apparently is where they are talking about a 18 future right in, right out -- 19 MS . NOBLE : Correct . 20 MR. CLACK: -- entrance onto Cannonball 21 Trail . 22 MS . NOBLE : Correct . 23 MR . CLACK : Okay . Now, I got a notice 24 with two plans , okay? One shows the building Vitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail . com 20 1 quite a ways north -- south of me, and that would 2 leave a lot more property between me and them, 3 but if that ' s going to be developed, what kind of 4 property development would be in there? 5 Would it be the office or would it 6 be anything in between? Do we know? 7 MR. DORSEY : Yes . There isn ' t a 8 concrete plan for that currently, and David can 9 point it out here . I ' ll show you real quick . 10 MR. CLACK: On here . 11 MR. DORSEY : Yes . So this right here, 12 what we anticipate it would be would be like a 13 physical therapy, medical office building, but 14 it ' s kind of up in the air right now, so it won ' t 15 be anything that won ' t be compatible with our 16 building because it would obviously devalue what 17 we ' re investing in . 18 MR. CLACK: Have you decided where this 19 building is going to be? 20 MR. SCHULTZ : Yes . Moving -- To answer 21 a couple of questions , when we first submitted, 22 there was two concepts ; there was a building to 23 this -- this building further to the north and 24 then another concept where this building was Vitosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 21 1 closer to Route 34 . 2 Dover Development was deciding that 3 internally, so they didn ' t want to commit to just 4 one, so we thought we would move forward with the 5 two, but since then we have now committed to this 6 plan here, which shows the assisted living 7 closer -- 8 MR. CLACK : To my property . 9 MR. SCHULTZ : Correct . It ' s more or 10 less centered in the middle . 11 MR. CLACK : So this is actually future 12 zoning here? 13 MR. SCHULTZ : That is all future right 14 now, so again, with the landscaping buffer and 15 landscaping screener with the setback, there is 16 no -- we can be no closer than 30 feet for a 17 building . 18 For orientation, we would use an 19 access drive in between that, so that would be 20 another 18 to 20-feet wide, which would put this 21 building in this general location . 22 We can -- We have to -- the 23 submitted plan, we have to stick with the general 24 layout; otherwise we would have to come back Vitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail . com 22 1 before the -- before Yorkville and ask for an 2 amendment again to change the plan, so moving 3 forward what you see is pretty close to what we 4 get . 5 MR. CLACK : Okay . Now, you mentioned 6 something earlier and I probably missed it, this 7 entrance here is going to be an all access 8 entrance? Either way it ' s not a right in, right 9 out? 10 MS . NOBLE : Correct . 11 MR. CLACK: The main entrance? 12 MS . NOBLE : Correct . 13 MR. CLACK: Have you thought about maybe 14 traffic trying to cross three lanes of traffic to 15 get to a right-hand turn lane? 16 MR. SCHULTZ : Yes . So basically someone 17 leaving to make a left -- 18 MR. CLACK: Yes . 19 MR. SCHULTZ : -- where there is enough 20 separation from the intersection to cross over 21 two lanes and make -- essentially go southbound 22 on Cannonball . 23 MR. CLACK: Actually it crosses three 24 lanes -- Vitosh Deporting Service 815. 993 . 2832 cros .vitosh@gmail . com 23 1 MR. SCHULTZ : Correct . Northbound -- 2 MR. CLACK: -- if you wanted to go west . 3 MR. SCHULTZ : Correct . 4 MR. CLACK: So I ' m just wondering how 5 safe that would be . 6 MS . NOBLE : The plan right now is -- the 7 concept layout plan engineering would definitely 8 look at when they provide their final engineering 9 plan, the traffic pattern for -- 10 MR. CLACK : I agree traffic is not real 11 heavy right now; the only problem is left-hand 12 turn traffic trying to get on 34 could be a 13 problem. 14 MS . NOBLE : Correct . 15 MR. CLACK: Okay . But that was my 16 question, why there was two tax -- 17 MR. SCHULTZ : And to answer your 18 question with that, there are two tax PIN numbers 19 on the property, one from the existing residence 20 that used to be there back in the day . 21 MR. CLACK: Okay . That ' s still in -- 22 MR. SCHULTZ : Yes . As part of this 23 process -- it ' s called a plat of 24 consolidation -- we are going to take those two Vitosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 24 1 and make it one . 2 MR. CLACK: The original one, will that 3 be moved around? 4 MR. SCHULTZ : The original , that will be 5 dissolved . 6 MR. CLACK: And then it will be gone? 7 MR. SCHULTZ : It will be one -- Overall 8 the boundary of six acres will become the new 9 property . 10 MR. CLACK : Okay . And then it will 11 eventually get that one tax number? 12 MR. SCHULTZ : You got it . 13 MR. CLACK: That was my concern . Like I 14 say, there won ' t be a lot of traffic I don ' t 15 think coming in and out, I 'm just wondering how 16 somebody is going to get across three lanes of 17 traffic to make a right-hand turn on 34 . 18 MS . NOBLE : And we were just discussing 19 most traffic will probably go north and then go 20 into Kendall Marketplace and then come down . 21 That future drive -- 22 MR. CLACK : That would be the smart 23 thing to do . 24 MS . NOBLE : Right . Right . The future Vitosh Deporting Service 815. 993 . 2832 cros .vitosh@gmail . com 25 1 drive, it could possibly be a full access point, 2 so then that would be another option . 3 MR. CLACK : The future drive may not be 4 a right in, right only, is that what you ' re 5 saying? 6 MS . NOBLE : Correct . It may not be a 7 right in and right out only, it could be a full 8 access point . 9 MR. CLACK: I 'm premature on this I 10 know, this will probably come up in the next 11 meeting, but that trash disposal area, I ' m 12 wondering if it could be moved further away from 13 me because I know the trash men are going to be 14 noisy at four o ' clock in the morning or six 15 o ' clock in the morning when they ' re going to dump 16 there, and I 'm just wondering if it could be 17 moved someplace this way or in the back . 18 I know there is more access this way 19 and turn around for them to get to it than there 20 is that on side, I can see that, so I just 21 wondered . 22 But I know at six o ' clock in the 23 morning, if they ' re like my garbage men, they ' re 24 noisy, but anyway, that was my main concern . Vitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail . com 26 1 I ' m not objecting to it, it ' s much 2 better than a service station, so I guess you 3 have my blessing . 4 CHAIRMAN HARKER : Thank you . 5 MR. SCHULTZ : Thank you . 6 CHAIRMAN HARKER : Anybody else have any 7 questions? 8 MR. CRAWFORD : I just have one . 9 PAUL CRAWFORD, 10 having been first duly sworn, testified from the 11 podium as follows : 12 CHAIRMAN HARKER : Sir -- 13 MR. CRAWFORD: Is there going to be -- 14 Can you do anything about -- 15 CHAIRMAN HARKER : Come up, please . 16 MR. CRAWFORD : My only question about it 17 would be going back into that area behind that 18 residential area back there, would there be 19 anything to block out any -- What kind of 20 lighting would be coming over and going back into 21 that area, too? Especially Bob is going to get 22 clobbered with that and the rest of it, Kyle, 23 Martha and the rest live all back in that area . 24 Is there any light blockage that ' s Vitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail . com 27 1 going to be put in there? Have they thought 2 anything about that? Or is there not going to be 3 a whole lot of light? 4 MR . SCHULTZ : As far as site 5 photometrics that you ' re discussing, we have to 6 develop that first, and will also run that 7 through the City, who reviews that based on their 8 current ordinance in bleed-off . 9 We can ' t bleed off light onto the 10 northern parcel , and, yes, there ' s going to be a 11 landscaping and screening to the north also to 12 help -- 13 MR. CRAWFORD : Okay . 14 MR. SCHULTZ : -- and shields that could 15 be put on to direct light downward . 16 MR . CRAWFORD : Yeah, that was -- that 17 was -- that was the only thing that I looked at . 18 I didn ' t -- 19 CHAIRMAN HARKER: Sir -- 20 MS . NOBLE : Can you state your name for 21 the record? 22 MR. CRAWFORD: Oh . Paul Crawford . 23 MS . NOBLE : And, Paul, our standards for 24 review is that at the property line, it has to be Vitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail . com 28 1 zero foot candlelight, so it drops off to zero at 2 the property line . 3 MR. CRAWFORD : Okay . Thank you . 4 CHAIRMAN HARKER : Anyone else? Any 5 questions? 6 No response . ) 7 CHAIRMAN HARKER : All right . 8 Commissioners, do you have any questions for the 9 petitioner? 10 COMMISSIONER VINYARD: I actually had 11 two, but the site photometrics was already 12 discussed . 13 With the 73 units, are these going 14 to be single-occupied units or will you have some 15 double-occupied units? 16 MR . DORSEY : There will be two, maybe 17 three, units in the building that will have two 18 bedrooms -- 19 COMMISSIONER VINYARD: Okay . 20 MR. DORSEY : -- but everything else is a 21 one bedroom or a suite . 22 COMMISSIONER VINYARD: So we ' re looking 23 at under 80 , 85 residents completely? 24 MR. DORSEY : Yes . Vitosh Deporting Service 815. 993 . 2832 cros .vitosh@gmail . com 29 1 COMMISSIONER VINYARD: Okay . Thank you . 2 COMMISSIONER MARCUM : Given your 3 experience with developing and running these 4 places , do we have any idea how many visitors 5 would come to visit 73 people? 6 MR. DORSEY : Yeah . Actually we were 7 talking about this earlier . Every building is 8 different, so we found that it really depends on 9 geography in a way. 10 Like in our buildings that are in a 11 more urban environment like the St . Louis area 12 get a lot less visitors than maybe some of the 13 more rural areas that we operate in, but I would 14 say no more than -- for this building size, this 15 is the first time we ' ve done a two-story, but we 16 have a building that has the exact same unit 17 count in a town called Jacksonville, Illinois , 18 which is a similar size to Yorkville, and, you 19 know, less than ten a day, you know, largely 20 because a big portion of the building is memory 21 care, which is even a little bit less than the 22 assisted living, the age of the population is a 23 little bit lower, so they are -- so I would say 24 10 to 15 , to answer your question . Vitosh Deporting Service 815. 993 . 2832 cros .vitosh@gmail . com 30 1 COMMISSIONER OLSON : The north berm and 2 the east berm, there is going to be landscaping 3 as to noise, sound and light barriers . 4 Can you describe that further, 5 what ' s going to go in there, what ' s proposed to 6 go in? 7 MR. SCHULTZ : Sure . What ' s called out 8 by ordinance is this transition yard, which is 9 the 30-foot landscaping yard that you ' re 10 referring to, and inside of that there is 11 requirements for how many trees and shrubs and 12 things like that that will create this natural 13 landscaping boundary. 14 COMMISSIONER OLSON : Can light shields 15 be a requirement? 16 MS . NOBLE : If the photometric plan 17 comes back that it -- 18 COMMISSIONER OLSON : Exceeds? 19 MS . NOBLE : -- exceeds or is approaching 20 we can request photo shields . 21 COMMISSIONER OLSON : There is one thing 22 on a drawing, on the trash enclosure on the 23 northeast corner, it says proposed trash 24 enclosure . I would think the whole property is Vitosh Deporting Service 815. 993 . 2832 cros .vitosh@gmail . com 31 1 proposed . 2 Is that because there is an option 3 not to have a trash enclosure there or is that 4 just a wording -- 5 MR. SCHULTZ : That ' s just a wording 6 that -- yeah, proposed. Correct . 7 COMMISSIONER OLSON : And Mr . Clack 8 brought up a good point that you are going to 9 have sanitary service backing up to that trash 10 enclosure, but if they ' re using backup alarms , 11 they shouldn ' t be using them outside normal 12 working hours anyway, so it shouldn ' t be at six 13 o ' clock in the morning, it would have to be after 14 seven o ' clock a .m. 15 MR. CLACK : I have a question on the 16 berm. Is there going to be a land berm, raised 17 berm, or just shrubs? 18 MR. SCHULTZ : Depending on when we move 19 dirt and earth work, there could be . If we have 20 leftover topsoil or something like that, I could 21 see -- In certain areas there is definitely going 22 to be a berm. In the north and possibly to the 23 east, it may be a foot to two foot, you know, 24 berm. Vitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail . com 32 1 MR. CLACK: Not a large berm? 2 MR. SCHULTZ : Not a large berm, not a -- 3 you know, any certain height . We have to watch 4 out for drainage and keeping, you know, drainage 5 from holding in that and basically staying on the 6 site, so there are other things to look out for 7 besides just putting a berm. 8 CHAIRMAN HARKER : Anyone else? Any 9 other questions? 10 No response . ) 11 CHAIRMAN HARKER: Okay. May I have a 12 motion -- Sorry. Since all of the public 13 testimony has been taken on this , could I get a 14 motion to close the public hearing and taking of 15 testimony? 16 COMMISSIONER VINYARD: So moved. 17 COMMISSIONER MARCUM : Second . 18 CHAIRMAN HARKER : Roll call vote on the 19 motion, please . 20 MS . YOUNG: Yes . Marcum. 21 COMMISSIONER MARCUM: Yes . 22 MS . YOUNG: Olson . 23 COMMISSIONER OLSON : Yes . 24 MS . YOUNG: Vinyard . Vitosh Deporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 33 1 COMMISSIONER VINYARD : Yes . 2 MS . YOUNG : Gockman . 3 COMMISSIONER GOCKMAN : Yes . 4 MS . YOUNG : Horaz . 5 COMMISSIONER HORAZ : Yes . 6 MS . YOUNG : Harker . 7 CHAIRMAN HARKER : Yes . 8 Which were all the 9 proceedings had in the 10 public hearing portion 11 of the meeting . ) 12 000--- 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Deporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 34 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF LASALLE ) 3 I , Christine M. Vitosh, a Certified Shorthand 4 Reporter, do hereby certify that I transcribed 5 the proceedings had at the pubic hearing and that 6 the foregoing, Pages 1 through 34 , inclusive, is 7 a true, correct and complete computer-generated 8 transcript of the proceedings had at the time and 9 place aforesaid . 10 I further certify that my certificate annexed 11 hereto applies to the original transcript and 12 copies thereof, signed and certified under my 13 hand only . I assume no responsibility for the 14 accuracy of any reproduced copies not made under 15 my control or direction . 16 As certification thereof, I have hereunto set 17 my hand this 27th day of February, A. D. , 2017 . 18 19 20 Christine M . Vitosh, CSR Illinois CSR No . 084-002883 21 22 23 24 Vitosh Deporting Service 815. 993 . 2832 cros .vitosh@gmail . com Proposal Summary Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing us the opportunity to review and provide comments to Kendall County. The petitioners, DKR Group, Inc. and Keith and Kathleen Warpinski, are requesting a special use for the A-1 Agricultural District to operate a landscaping business. Petitioners would like to construct a 6,000 square foot storage building for a landscaping business. The 6.9 acre property is located at the north side of Walker Road approximately 0.31 miles east of Route 47. The property is currently being utilized for farming and agricultural purposes. According to information obtained from the County, the petitioner is seeking to construct a storage building for agricultural and landscaping equipment. The structure will be placed in the middle of the long parcel, about 650 feet from Walker Road frontage. Additionally, the plat of survey shows an area designated for a future residential building which would be permitted in the County’s, and Yorkville’s, A-1 Agricultural District. As stated in the petitioner’s findings of fact, they believe the use is compatible with other nearby agricultural uses in the area. There are storage facilities on the adjacent farmland parcels to the east, south, and west. The only difference between their storage facility and their neighbor’s is the fact that they will be storing equipment for their landscaping business instead of typical farm equipment. The petitioners have indicated that there will be no outside storage of any equipment or landscaping vehicles on site. Memorandum To: Planning and Zoning Commission From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: March 1, 2017 Subject: PZC 2017-03 – Kendall County Case #17-05 (Special Use) 1.5 Mile Review Yorkville Comprehensive Plan Yorkville’s current 2016 Comprehensive Plan designation for this property is agricultural which is intended to allow for farming and open space uses. The plan states that environmentally sensitive areas such as tree groves, wetlands, and poorly drained areas will be protected from development. Integrated Transportation Plan Yorkville’s Integrated Transportation Plan (ITP) designates a trail along the Aux Sable Creek and one along the north side of Walker Road. The County has suggested to the City it will request a right-of-way dedication as part of the special use permit for both trails. This will ensure if either trail is proposed and constructed, there will be a right-of-way already designated along this property. Staff Recommendation & Comments Staff has reviewed the request for special use and does not have an objection to the petitioner’s request. After reviewing the Comprehensive Plan, the land use will be compatible with future land uses at this location according to the plan. A storage facility for landscape equipment is compatible with existing uses and a landscaping business is appropriate for this area. Additionally, the property is not currently adjacent to the Yorkville Municipal Boundary and therefore annexation of this property in the near future is very unlikely. If the property is annexed into the City at some point in the future, it would most likely be for a larger development and this land use would be replaced. Staff will be available to answer any questions the Planning and Zoning Commission may have regarding the County Petition. This item was delivered to the City on February 22, 2017 with feedback requested prior to Kendall County Board consideration. Attachments 1. Application 2. Findings of Facts 3. Plat of Survey