Planning and Zoning Commission Packet 2017 05-10-17
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, May 10, 2017
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: March 8, 2017
Citizen’s Comments
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Public Hearings
1. PZC 2017-04 The United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a
text amendment to two Chapters of the United City of Yorkville Zoning Ordinance including
“Chapter 2: Definitions” and “Chapter 6: Permitted and Special Uses.” The amendment to
Chapter 2 defines a health and fitness club/center. The Chapter 6 amendment will provide that
health and fitness clubs/centers will be permitted in the B-2 Retail Commercial District, B-3
General Business District, B-4 Service Business District and the M-1 Limited Manufacturing
District.
Old Business
New Business
1. PZC 2017-04 The United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a
text amendment to two Chapters of the United City of Yorkville Zoning Ordinance including
“Chapter 2: Definitions” and “Chapter 6: Permitted and Special Uses.” The amendment to
Chapter 2 defines a health and fitness club/center. The Chapter 6 amendment will provide that
health and fitness clubs/centers will be permitted in the B-2 Retail Commercial District, B-3
General Business District, B-4 Service Business District and the M-1 Limited Manufacturing
District.
- Action Item
Text amendment
2. Appointment of a Vice-Chairperson for the Planning and Zoning Commission
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
Additional Business
1. City Council Action Updates
The following items were presented to the City Council on April 25, 2017
a. PZC 2016-04 The United City of Yorkville, Kendall County, Illinois, petitioner,
is proposing a text amendment to Chapter 13: Manufacturing Districts, to
revise the performance standards section to reference the building regulations
as the new noise ordinance standards.
Action – Motion approved by City Council
Adjournment
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DRAFT
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, Il
Wednesday, March 8, 2017 7:00pm
Planning & Zoning Commission Members in Attendance:
Deborah Horaz Don Marcum
Jeff Olson Richard Vinyard
Bill Gockman Randy Harker
Absent: Reagan Goins
City Staff
Jason Engberg, Senior Planner
Other Guests
Lynn Dubajic, City Consultant
Matt Asselmeier, Senior Planner, Kendall County Planning, Building & Zoning
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 March 8, 2017
The minutes of the meeting were approved on a motion and second by Commissioners
Vinyard and Gockman, respectively.
Roll call: Horaz-yes, Marcum-yes, Olson-yes, Vinyard-yes, Gockman-yes, Harker-yes
Carried 6-0.
Citizen’s Comments None
New Business
1. PZC 2017-03 DKR Group, Inc., and Keith and Kathleen Warpinski have
filed an application with Kendall County requesting an A-1 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 at the north side of Walker Road, approximately
0.31miles east of IL. Route 47 in unincorporated Kendall Township.
Mr. Asselmeier gave an overview of this application. The original intent was to put a
smaller building on the property and then build a house. The applicant came to the
County Building and Zoning meeting and it was found there were already three homes
Page 2 of 2
on the 140-acre property. Therefore it is not in compliance with the current 40-acre rule
allowing only one residence for every 40 acres of agricultural zoning. In addition, the
desired business building with a 35-foot setback would not be in compliance with the
required 50-foot setback. The building will be shifted to meet that requirement. The
County offered approval with several other restrictions listed by Mr. Asselmeier. This
matter will move to the March 26 County Plan Commission and to the County ZBA in
April.
Mr. Engberg said staff had no objection to the Special Use. The property is not
contiguous with the City and is compliant with the Comp Plan.
Chairman Harker commented that there were many restrictions. In reference to the
restriction on the number of employees present, it was noted most of them will be there
to only pick up equipment and none will be present in the winter. There are no plans to
grow stock or store equipment on this property as the main business is in Joliet. It was
stated there is also a weight limit of 6 ton on Walker Road in the spring.
Action item
1-1/2 Mile Review (Special Use)
It was moved by Mr. Vinyard and seconded by Ms. Horaz to recommend approval to
City Council.
Roll call: Marcum-yes, Olson-yes, Vinyard-yes, Gockman-yes, Horaz-yes, Harker-yes
Carried 6-0.
Additional Business
City Council Action Updates:
Mr. Engberg reported PZC 2017-01 Cedarhurst assisted living annexation was approved
by City Council.
Adjournment
There was no further business and the meeting was adjourned at 7:16pm on a motion by
Ms. Horaz and second by Mr. Vinyard. Unanimous voice vote approval.
Respectfully submitted by
Marlys Young, Minute Taker
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5 UNITED CITY OF YORKVILLE
6 YORKVILLE, ILLINOIS
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9 PLANNING AND ZONING COMMISSION MEETING
10 PUBLIC HEARING
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15 800 Game Farm Road
16 Yorkville, Illinois
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19 Wednesday, February 8 , 2017
20 7 : 00 p .m.
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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 .
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9 ALSO PRESENT :
10 Ms . Krysti Noble, Community Development
11 Director,
12 Mr . Jason Engberg, Senior Planner,
13 Ms . Marlys Young, Minute Taker .
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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
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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 .
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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?
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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
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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 .
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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
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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 .
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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
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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
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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 .
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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 .
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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
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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 .
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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
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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 .
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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 .
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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
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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
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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
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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 --
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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
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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
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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 .
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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
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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
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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 .
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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 .
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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
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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.
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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 .
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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---
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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
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Summary
Over the past several months, the City of Yorkville has received commercial permit
applications for yoga studios, crossfit gyms, and other health and fitness clubs. Staff is
recommending text amendments to the Zoning Ordinance to clarify the definition of these
establishments and within which zoning districts they are permitted.
Background
In May of 2015, the Plan Commission was presented with a text amendment to the Zoning
Ordinance regarding fitness clubs. Staff was receiving requests to open “Crossfit” type clubs in the
M-1 Limited Manufacturing District. The Ordinance at that time only allowed “Health Clubs and
Gymnasiums” in the B-2, B-3, and B-4 Business Districts. Therefore, it was recommended that these
“Crossfit” types of uses should be considered a “Fitness Club” and be permitted in the M-1 Limited
Manufacturing District. The addition of the fitness club category into the Zoning Ordinance also
ensured that crossfit clubs were not considered acceptable home occupations.
The requested change was recommended for approval and adopted by the City Council in
June of 2015. There are two issues which have arisen since this amendment was adopted in 2015.
First, while the purpose and definition was explained in the initial memorandum to the Plan
Commission, a definition for fitness club was never coded into the Zoning Ordinance. This causes a
problem when trying to identify the difference between a “health club” and a “fitness club” when
reviewing commercial permit applications.
The other issue is with how the Zoning Ordinance separates these uses. The uses are similar
in nature and should be allowed in the same districts. There is not a practical reason to only allow
crossfit gyms in the manufacturing districts and only allow typical gyms in business districts. By
only allowing each in their respective districts, it creates confusion to residents and staff as to why
one use is allowed while the other very similar use is not allowed.
Proposed Revisions
In order to add clarity to the Zoning Ordinance and resolve the issues which have occurred
recently, staff is recommending a text amendment to the Zoning Ordinance. The first revision will
add a unified definition for “Health and Fitness Club/Center” in Section 10-2-3, which will include
gyms, yoga studios, crossfit, or any other type of fitness studio. The second revision will create a
new line for “Health and Fitness Club/Center” in Section 10-6-0: Table 10.06.03 Business Uses,
which will permit this use in the B-2, B-3, B-4, and M-1 Districts. The last revision will eliminate
the “Fitness clubs” line and the “Health club or gymnasium” line as they will now be one singular
use. The exact revisions as they will appear in the Zoning Ordinance are attached to this
memorandum for review.
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Krysti J. Barksdale-Noble, Community Development Director
Date: May 3, 2017
Subject: PZC 2017-04 Fitness and Health Club Text Amendment
Other neighboring communities handle these types of uses similarly. For example, Oswego
has crossfit and indoor golf uses within their M-2 Manufacturing District as well as allowing
gymnastic facilities in both its B-3 Commercial District and its M-2 Manufacturing District.
Plainfield has gymnastic and baseball training facilities in their I-1 Industrial District as well as
having crossfit uses in both their I-1 Industrial District and B-3 Commercial District. Montgomery
has a Planet Fitness in their B-2 Commercial District, a crossfit facility in their M-2 Manufacturing
District, and a dance studio in their M-1 Manufacturing District. Yorkville already allows these
types of uses within the B-2, B-3, B-4, and M-1 use, the proposed text amendment will add clarity
for those reviewing commercial permits and potential future business owners looking to locate in
Yorkville.
Staff Recommendation
Staff believes these changes to the Zoning Ordinance will be beneficial to staff and business
owners. By adding a definition and allowing these types of uses in all of the proposed districts, it
will allow the permitting process to be more efficient as well as provide a larger availability for
potential businesses without harming local community character. Staff is requesting
recommendation for approval by the Planning and Zoning Commission on the proposed text
amendments to the Zoning Ordinance.
Proposed Motion for Amendments
In consideration of testimony presented during a Public Hearing on May 10, 2017, the
Planning and Zoning Commission recommends approval to the City Council of a request to
amend the United City of Yorkville Zoning Ordinance as presented by staff in a memorandum
dated May 3, 2017 and further subject to {insert any additional conditions of the Planning and
Zoning Commission}…
Attachments
1. 10-2-3: Definitions | Health and Fitness Clubs/Centers Definition
2. 10-6-0: Use Tables: Table 10.06.03 Business Uses | Health and Fitness Clubs/Centers
FLOOR AREA, LIVABLE: Any floor area within outside walls of a residential building exclusive of areas in basements, lookout
basements, unfinished attics, garages, open porches and accessory buildings, but including any area "roughed in" but not
completed which is designed and intended for human occupancy.
FLOOR AREA RATIO: The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of
such lot. The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the
maximum permissible floor area for the building or buildings on the lot. (See section 10-2-4 of this chapter for diagram.)
FOOT-CANDLE: A unit of illumination, equivalent to the illumination at all points which are one foot (1') distant from a uniform point
source of one candlepower.
FOOT-LAMBERT: A unit of brightness, usually of a reflecting surface. A diffusion surface of uniform brightness reflecting or emitting
the equivalent of the light from one candle at one foot (1') distant over one square foot has a brightness of one foot-lambert.
FREQUENCY: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
GARAGE, BUS: Any building used or intended to be used for the storage of three (3) or more passenger motor buses or motor
coaches used in public transportation, excluding school buses.
GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building which is intended for and used to store
the private passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry
connected directly or indirectly with automotive vehicles is carried on; provided, that not more than one-half (1/2) of the space may be
rented for the private vehicles of persons not resident on the premises; except, that all the space in a garage of one or two (2) car
capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such
vehicle shall not exceed five (5) tons.
GASOLINE SERVICE STATION: A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for
operation of automobiles, are offered for sale directly to the public on the premises, and including minor accessories and the
services of automobiles, mechanical or manual washing of automobiles, but not including major automobile repairs. Gasoline
service stations shall not include sale or storage of automobiles or trailers (new or used).
GOLF COURSE: A facility providing a private or public golf recreation area designed for regulation play along with accessory golf
support facilities including golf related retail sales, restaurant, golf driving range but excluding miniature golf.
GOLF DRIVING RANGE: An area equipped with distance markers, clubs, balls and tees for practicing golf drives and putting which
may include incidental retail sales and food services, but excludes miniature golf.
GRADE: The established grade of the street or sidewalk. Where no such grade has been established, the grade shall be the
elevation of the sidewalk at the property line. Where no sidewalks exist, the grade shall be the average elevation of the street
adjacent to the property line. Except in cases of unusual topographic conditions, as determined by the director of public works,
grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a
structure based upon any technical advice that the director of public works deems necessary.
GROCERY STORE: Stores where most of the floor area is devoted to the sale of food products for home preparation and
consumption, which typically also offer other home care and personal care products.
GROUP HOME: A single-family dwelling housing not more than eight (8) service dependent or developmentally disabled people
living with professional care staff.
GUEST, PERMANENT: A person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel,
apartment hotel or motel accommodation as his domicile and place of permanent residence.
HEALTH AND FITNESS CLUB/CENTER: A facility which provides for individual or group exercise activities. Programs may include
but are not limited to aerobics, calisthenics, weight training, running, swimming, court games, and all types of instructional classes
related to physical fitness. Health and Fitness Clubs/Centers may offer a variety of recreational and fitness amenities such as
weightlifting machines, free weights, swimming pools, sport courts, shower and changing areas and may include incidental uses
such as childcare facilities, food services, saunas, and pro shops oriented towards customers during their use of the club/center.
HOME OCCUPATION: An accessory use of a residential dwelling unit which complies with the requirements of section 10-3-9 of
this title.
HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care, for not
less than twenty four (24) hours in any week, of three (3) or more nonrelated individuals suffering from illness, disease, injury,
deformity or other abnormal physical conditions. The term "hospital", as used in this title, does not apply to institutions operating
solely for the treatment of mentally ill or chemically dependent persons, or other types of cases necessitating restraint of patients,
and the term "hospital" shall not be used for convalescent, nursing, shelter or boarding homes.
TABLE 10.06.03 BUSINESS USES
Land Use A-1 OS-1 OS-2 E-1 R-1 R-2 R-2D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Fertilizer sales with storage and mixture S - - - - - - - - - - - - - - -
Fitness clubs - - - - - - - - - - - - - - P -
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 course2 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 and Fitness Club/Center - - - - - - - - - - - P P P P -
Health club or gymnasium - - - - - - - - - - - P P P - -
Heavy machinery and equipment rental - - - - - - - - - - - - - - P P
Hotel/motel/motor lodges/tourist courts - - - - - - - - - - - P P P - -
Indoor shooting gallery/gun range2 - - - - - - - - - - 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/brewpub, microdistillery and
microwinery2
- - - - - - - - - - P P P P P P
Milk processing and distribution2 S - - - - - - - - - - - - - P P
Motorcycle sales and service - - - - - - - - - - - - P P - -
Musical instrument sales/repair - - - - - - - - - - - P P P - -
Newspaper publishing - - - - - - - - - - - P P P P P
PUBLIC NOTICE OF A HEARING BEFORE
THE UNITED CITY OF YORKVILLE
PLANNING AND ZONING COMMISION
NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall
County, Illinois, petitioner, is proposing a text amendment to two Chapters of the
United City of Yorkville Zoning Ordinance including “Chapter 2: Definitions” and
“Chapter 6: Permitted and Special Uses.” The amendment to Chapter 2 defines a
health and fitness club/center. The Chapter 6 amendment will provide that health
and fitness clubs/centers will be permitted in the B-2 Retail Commercial District,
B-3 General Business District, B-4 Service Business District and the M-1 Limited
Manufacturing District. The Chapter 6 amendment will also remove “fitness
clubs” and “health club or gymnasium” from the list of uses as they will be
combined into the new use category of health and fitness club/center.
NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for
the United City of Yorkville will conduct a public hearing at a meeting on said
amendments on Wednesday, May 10, 2017 at 7 p.m. at the 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 Community Development Department, 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