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Planning and Zoning Commission Packet 2017 11-08-17 PLANNING AND ZONING COMMISSION AGENDA Wednesday, November 8, 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: Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2017-13 Dave and Debbie Coffman, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property is located south of U.S. Route 34, west of McHugh Road. The petitioner is requesting rezoning approval from R-1 Suburban Residential District to B-3 General Business District (contingent on approval of an annexation agreement by the City Council). Old Business New Business 1. PZC 2017-13 Dave and Debbie Coffman, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property is located south of U.S. Route 34, west of McHugh Road. The petitioner is requesting rezoning approval from R-1 Suburban Residential District to B-3 General Business District (contingent on approval of an annexation agreement by the City Council). Action Item Rezoning Additional Business 1. City Council Action Updates a. PZC 2017-11 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text amendment to Chapter 3: General Zoning Provisions of the United City of Yorkville Zoning Ordinance to create a new section regarding temporary sidewalk and parklet cafés. United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Action – Motion approved by City Council with amendment to allow for year round use upon approval by the Community Development Director. 2. PZC 2017-12 Mark Southern, petitioner, on behalf of Michael and Molly Schomer, property owners, has filed applications with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification and a variance to the City’s bulk regulations for rear yard setback. Action – Mark Southern will no longer be pursuing this project. 3. Downtown Overlay District Streetscape Master Plan and Form Based Code Adjournment SUMMARY: The petitioners, Dave and Debbie Coffman as represented by Ryan Swanson, have filed applications with the United City of Yorkville, Kendall County, Illinois, requesting annexation pursuant to an annexation agreement and rezoning classification for their existing carpet retail store. The property is located south of U.S. Route 34 and west of McHugh Road. This memorandum summarizes all of the submitted materials which will be reviewed by the Planning and Zoning Commission. PROPERTY BACKGROUND: The parcel which the petitioner is seeking to annex into the City is currently located in unincorporated Kendall County. The property is currently zoned B-3 Highway Business District in Kendall County. Coffman Carpet’s retail store currently sits on the property with a shed in the rear and a storage trailer in the side yard. The property to the east was recently annexed and rezoned for a Casey’s General Store. This property is requesting annexation and a rezone to allow Casey’s to move existing utilities on Coffman property to help Casey’s put their underground utilities in the ideal location. PROJECT DESCRIPTION: As proposed, the petitioners are seeking to annex their property into the City of Yorkville. Upon annexation, the property will automatically be zoned into the most restrictive zoning district which is the R-1 Suburban Residence District. Therefore, to accommodate the intended commercial use, the petitioner has requested to rezone the properties to the B-3 General Business District. Memorandum To: Planning and Zoning Commission From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: November 2, 2017 Subject: PZC 2017-13 Casey's General Store (Rezone) SW Corner of US 34 & McHugh Road The existing zoning and land use for properties surrounding the subject property are as indicated below: Zoning Land Use North Commercial Planned Unit Development Farm land East B-3 General Business District Heartland Business Center/Casey’s Development (recently approved) South B-3 Highway Business District (Kendall County) Residential Housing West B-3 Highway Business District (Kendall County) Car Dealership THE COMPREHENSIVE PLAN: The 2016 Comprehensive Plan designates this property for mid-density residential uses. While this is not the proposed use or zone, adjacent properties are designated for neighborhood retail and destination commercial which is consistent with the existing Coffman Carpets store. The type of use and zone meets the intent of the Comprehensive Plan since commercial development along Route 34 is of high priority and the existing commercial use is consistent with nearby uses. STANDARDS FOR GRANTING A ZONING AMMENMENT: Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: 1. The existing uses and zoning of nearby property. 2. The extent to which the property values are diminished by the particular zoning restrictions. 3. The extent to which the destruction of property values of plaintiff promotes the health, safety, morals or general welfare of the public. 4. The relative gain to the public as compared to the hardship imposed upon the individual property owner. 5. The suitability of the subject property for the zoned purposes. 6. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 7. The community need for the proposed use. 8. The care to which the community has undertaken to plan its land use development. The petitioner has provided written responses to these standards as part of their application (see attached) and requests inclusion of those responses into the public record at the November 8, 2017 Planning and Zoning Commission meeting. STAFF COMMENTS: Staff is recommending approval of the rezoning request upon approved annexation into the City. The Coffman’s are requesting relief from certain standards within the Zoning Ordinance which will be discussed as part of their annexation agreement on the November 14, 2017 City Council Public Hearing. Some of the regulations they are seeking relief from include side yard setback standards, a timeframe to keep their trailer on site, and monument sign area requirements. Upon significant redevelopment of the site these requests would no longer apply and any redevelopment would have to meet the standards in our Zoning Ordinance. The petitioner’s application and public notice have been attached for your review. PROPOSED MOTIONS: Map Amendment - Rezoning from R-1 Suburban Residential District to B-3 General Business District In consideration of testimony presented during a Public Hearing on November 8, 2017 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for a map amendment to rezone the properties stated in the staff memorandum dated November 2, 2017 from R-1 Suburban Residential District to B-3 General Business District subject to the conditions enumerated in that same memorandum and further subject to {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: • Petitioner Application • Public Notice PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE UNITED CITY OF YORKVILLE PLANNING AND ZONING COMMISSION PZC 2017-13 NOTICE IS HEREBY GIVEN THAT Dave and Debbie Coffman, petitioner, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property is located south of U.S. Route 34, west of McHugh Road. The petitioner is requesting rezoning approval from R-1 Suburban Residential District to B-3 General Business District (contingent on approval of an annexation agreement by the City Council). The legal description is as follows: 9290 US Route 34 A parcel of land located in the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian, Kendall County, Illinois, described as follows: Beginning at the Northwest corner of Lot 187 as designated upon the plat of Heartland In Yorkville Unit 1 Subdivision, the Plat of which subdivision was recorded February 16, 2001 as Document No. 200100002570 in the Recorder's Office of Kendall County, Illinois; thence North 5 degrees 24 minutes 29 seconds East along the Northerly extension of the West line of said Lot 187, a distance of 7.65 feet to a the Southeast corner of the premises conveyed by Donald Pilmer and Robert P. Pilmer, co-Trustee's of a Trust Agreement dated December 20, 1995 known as the Marvin F. Pilmer Trust to the People of the State of Illinois, Department of Transportation by Trustee's Deed recorded December 23, 2014 as Document No. 201400018028 in said Recorder's Office; thence Westerly along the Southerly line of said premises so conveyed, along a circular curve whose radius is 1,477.39 feet and whose center lies to the North, the long chord of which curve bears North 87 degrees 50 minutes 07 seconds West, a chord distance of 154.59 feet; thence North 84 degrees 50 minutes 10 seconds West along the Southerly line of said premises so conveyed, a distance of 41.06 feet to a point in the East line of the premises conveyed by Daniel Laniosz and Deborah A. Laniosz to David E. Coffman and Debbie M. Coffman by Warranty Deed recorded April 9, 1997 as Document No. 9703295 in said Recorder's Office, said point being the Point of Beginning for the hereinafter described parcel of land; thence South 5 degrees 53 minutes 54 seconds West along the East line of said premises conveyed by Daniel Laniosz and Deborah A. Laniosz to David E. Coffman and Debbie M. Coffman, a distance of 206.29 feet to an angle point in the East of said premises; thence South 52 degrees 17 minutes 30 seconds West along the Easterly line of said premises conveyed by Daniel Laniosz and Deborah A. Laniosz to David E. Coffman and Debbie M. Coffman, a distance of 129.79 feet to the Southeast corner thereof; thence North 84 degrees 50 minutes 10 seconds West along the Southerly line of said premises, a distance of 11.00 feet to the Southwest corner thereof; thence North 5 degrees 53 minutes 54 seconds East along the West line of said premises, a distance of 294.61 feet to the Southwest corner of the premises conveyed by David E. Coffman and Debbie M. Coffman to the People of the State of Illinois, Department of Transportation by Warranty Deed recorded April 11, 2002 as Document No. 200200008884 in said Recorder's Office; thence South 84 degrees 50 minutes 10 seconds East along the Southerly line of said premises conveyed by David E. and Debbie M. Coffman to the People of the State of Illinois, Department of Transportation, a distance of 104.99 feet to the Point of Beginning, containing 26,778 square feet, 0.615 acres, more or less, all being situated in the County of Kendall and the State of Illinois. A copy of the application is available for review during normal City business hours at the office of the Community Development Director. NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of Yorkville will conduct a Public Hearing on said application on Wednesday, November 8, 2017 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville 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