Planning and Zoning Commission Packet 2018 10-10-18
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, October 10, 2018
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: September 12, 2018
Citizen’s Comments
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Public Hearings
1. PZC 2018-07 GRNE Solar, Eric Peterman, petitioner, has filed an application with the United City
of Yorkville, Kendall County, Illinois, requesting special use permit approval to install and operate a
solar farm with more than one freestanding solar energy system on approximately 7.4 acres of land
consisting of roughly 6,400 solar modules. The real property, zoned in the O Office District, is
located at the southeast corner of John Street and Beecher Road at the Kendall County Government
Campus in Yorkville, Illinois.
2. PZC 2018-17 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a
text amendment for consideration of updates to “Chapter 20: Signs” of the United City of
Yorkville Zoning Ordinance. The update to the text includes establishing and defining an
exterior business wall that is allowed a wall sign and where that wall sign may be located but
does not change the overall allowable size of a wall sign on an exterior wall.
Unfinished Business
New Business
1. PZC 2018-17 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a
text amendment for consideration of updates to “Chapter 20: Signs” of the United City of
Yorkville Zoning Ordinance. The update to the text includes establishing and defining an
exterior business wall that is allowed a wall sign and where that wall sign may be located but
does not change the overall allowable size of a wall sign on an exterior wall.
Action Item
Text Amendment
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
Additional Business
1. 2019 Planning and Zoning Commission Meeting Schedule
2. PZC 2018-16 Flight Team, LLC, petitioner, has filed applications with the United City of Yorkville,
Kendall County, Illinois, requesting special use permit approval of a proposed tavern for a craft beer
tasting room with onsite consumption and future beer garden in a proposed new building zoned B-2
Retail Commerce Business District within the Kendall Crossing Planned Unit Development pursuant
to Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance. The real property is located
generally north of US 34 (W Veterans Parkway) and west of IL 47 (N Bridge Street) in Yorkville,
Illinois.
City Council Action:
Approved
Adjournment
Page 1 of 2
DRAFT
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, Il
Wednesday, September 12, 2018 7:00pm
Meeting Called to Order
Chairman Randy Harker called the meeting to order at 7:00pm, roll was called and a
quorum was established.
Roll Call:
Bill Gockman-present, Don Marcum-present, Jeff Olson-present, Richard Vinyard-
present, Randy Harker-present
Absent: Reagan Goins, Deborah Horaz
City Staff
Krysti Barksdale-Noble, Community Development Director
Jason Engberg, Senior Planner
Other Guests
Lynn Dubajic, City Consultant Brian & Melissa Phillips
Kelly Helland, Attorney Tony & Emily Weeks
Chris Vitosh, Vitosh Reporting Service
Previous Meeting Minutes July 18, 2018
The minutes were approved as presented on a motion and second by Commissioners
Vinyard and Marcum, respectively.
Roll call vote: Marcum-yes, Olson-yes, Vinyard-yes, Gockman-yes, Harker-yes.
Passed 5-0.
Citizen’s Comments None
Public Hearings
Chairman Harker explained the procedure that would be followed for the Public Hearing
and he swore in those who would speak at the Hearing. At 7:03pm a motion was made
by Mr. Vinyard to open the Public Hearing and Mr. Marcum seconded the motion.
1. PZC 2018-16 Flight Team, LLC, petitioner, has filed applications with the
United City of Yorkville, Kendall County, Illinois, requesting special use permit
approval of a proposed tavern for a craft beer tasting room with onsite consumption
and future beer garden in a proposed new building zoned B-2 Retail Commerce
Business District within the Kendall Crossing Planned Unit Development pursuant
to Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance. The real property
is located generally north of US 34 (W. Veterans Parkway) and west of IL 47 (N.
Page 2 of 2
Bridge Street) in Yorkville, Illinois.
(See Court Reporter's Transcript of Testimony)
(The Findings of Fact shall also be entered into the official record).
The Public Hearing was closed at approximately 7:16pm on a motion and second by
Commissioners Vinyard and Marcum, respectively.
Roll call: Marcum-yes, Olson-yes, Vinyard-yes, Gockman-yes, Harker-yes. Passed 5-0.
Unfinished Business None
New Business
1. PZC 2018-16 Flight Team (see above description)
Chairman Harker commented this project was a great concept in a perfect spot. He then
read the Special Use Criteria and there was no further discussion.
Action Item
Special Use
A motion was made and seconded by Commissioners Vinyard and Gockman to approve
the Findings of Fact and petition and Mr. Gockman read the motion as follows: In
consideration of testimony presented during a Public Hearing on September 12, 2018 and
discussion of the findings of fact, the Planning and Zoning Commission recommends
approval to the City Council a request for Special Use authorization for the operation of a
proposed new tavern with a tasting room and packaged bottle sales in a new construction
commercial building zoned B-2 General Business District PUD within the Kendall
Crossing development located generally north of US 34 (Veterans Parkway) and west of
IL 47 (N. Bridge Street).
Roll call: Olson-yes, Vinyard-yes, Gockman-yes, Marcum-yes, Harker-yes. Passed 5-0.
Additional Business
1. City Council Action Update
Ms. Noble reported PZC 2018-13, Chapter 18: text amendment for Telecommunication
Tower and Antenna Regulations was approved by City Council.
Adjournment
There was no further business and the meeting was adjourned at 7:21pm on a motion by
Commissioner Vinyard.
Respectfully submitted by
Marlys Young, Minute Taker
PZC - September 12, 2018 - Public Hearing
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6 UNITED CITY OF YORKVILLE
7 YORKVILLE, ILLINOIS
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10 PLANNING AND ZONING COMMISSION
11 PUBLIC HEARING
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17 800 Game Farm Road
18 Yorkville, Illinois
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22 Wednesday, September 12, 2018
23 7 : 00 p .m.
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1 PRESENT :
2 Mr . Randy Harker, Chairman,
3 Mr . Jeff Olson, Vice-Chairman,
4 Mr . Bill Gockman,
5 Mr . Donald Marcum,
6 Mr . Richard Vinyard.
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9 ALSO PRESENT :
10 Ms . Krysti Barksdale-Noble, Community
11 Development Director,
12 Mr . Jason Engberg, Senior Planner,
13 Ms . Marlys Young, Minute Taker .
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1 WHEREUPON, the following
2 proceedings were had in
3 public hearing : )
4 CHAIRMAN HARKER: There is one public
5 hearing scheduled for tonight ' s Planning and
6 Zoning Commission ' s meeting . The purpose of this
7 hearing is to invite testimony from members of
8 the public regarding the proposed request that is
9 being considered before the Board tonight .
10 Public testimony from persons
11 present who wish to speak may be for or against
12 the request or to ask questions of the petitioner
13 regarding the request being heard.
14 Those persons wishing to testify are
15 asked to speak clearly, one at a time, state your
16 name and who you represent, if anyone . You are
17 asked to sign in at the podium if you haven ' t
18 already done so .
19 If you plan to speak during
20 tonight ' s public hearing as a petitioner or a
21 member of public, please stand, raise your right
22 hand and repeat after me .
23 Witnesses sworn . )
24 CHAIRMAN HARKER: Thank you . You may be
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1 seated .
2 So we ' re going to receive the
3 testimony from the petitioner and then all those
4 who are in favor of the request and then those
5 that are opposed and any questions that the
6 Planning and Zoning Commissioners might have to
7 petitioner .
8 Can I have a motion to open public
9 hearing on Petition Number PZC 2018-16?
10 MR. VINYARD : So moved.
I1 MR. MARCUM: Second.
12 CHAIRMAN HARKER : Okay. PZC 2018-16
13 Flight Team, LLC, petitioner, has filed
14 applications with the United City of Yorkville,
15 Kendall County, Illinois, requesting special use
16 permit approval for a proposed tavern for a craft
17 beer tasting room with on-site consumption and
18 future beer garden in a proposed new building
19 zoned B-2 Retail Commerce Business District
20 within the Kendall Crossing Planned Unit
21 Development pursuant to Chapter 6, Table 10 . 06 . 03
22 of the Yorkville Zoning Ordinance .
23 The real property is located
24 generally north of U . S . Route 34 , western -- or
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1 West Veteran ' s Parkway, and west of Illinois
2 Route 47 , North Bridge Street , in Yorkville,
3 Illinois .
4 Okay . Petitioner?
5 KELLY HELLAND,
6 having been first duly sworn, testified from the
7 podium as follows :
8 MS . HELLAND : Kelly Helland on behalf of
9 Flight Team. We are here tonight seeking
10 approval of a special use for a tavern provision
11 for the property located directly south of
12 Lighthouse Academy and somewhat adjacent to where
13 the new Holiday Inn Express banquet facility will
14 be .
15 It is currently zoned B-2 . We
16 believe that the zoning of this particular
17 property is compatible with the City ' s
18 Comprehensive Plan and we have Ryan and
19 Stephanie Phillips here tonight and Tony and
20 Emily Weeks .
21 They are long-time residents of
22 Yorkville and they are seeking to open up a
23 tasting room with on-site sales . It ' s not
24 necessarily going to be a place where you sit and
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1 have, you know, beers for hours on end, but you
2 may taste some of the products and then if you
3 like them, you can certainly take some home .
4 There ' s not going to be on-site food
5 preparation, but they will have snacks for sale,
6 and they are actually hoping to coordinate with
7 food trucks , so there will be food available on
8 site for consumption.
9 We are here tonight to answer any
10 questions you may have . We believe this is going
11 to be a very, very good benefit to the
12 Countryside Subdivision .
13 CHAIRMAN HARKER : Awesome . Thank you .
14 Anybody else that ' s in favor of it that would
15 like to speak?
16 MS . DUBAJIC : Sure .
17 CHAIRMAN HARKER : Thank you, Kelly .
18 LYNN DUBAJIC,
19 having been first duly sworn, testified from the
20 podium as follows :
21 MS . DUBAJIC : Hi, everybody . I 'm Lynn
22 Dubajic from DLK, Economic Development Consultant
23 for the City of Yorkville .
24 I just want to say how it ' s been
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1 wonderful working with these couples, and they
2 are next-door neighbors and residents of
3 Yorkville and really trying to create -- it ' s
4 been the vision to create like an entertainment
5 district over by the theater, and we ' ll also have
6 another new building going in over there that ' s a
7 sit-down Mexican restaurant .
8 This actual building is 7 , 000 square
9 feet and they are taking about 3, 000 square feet
10 of it, and we ' re really working hard to find some
11 complimentary other businesses to go into the
12 building that they ' re going to be in that will
13 complement their business for food, and it ' s
14 really kind of creating that entertainment
15 district that we have been so longing for over at
16 that Kendall Crossing project .
17 So it ' s just been -- I 'm really
18 looking forward to seeing this and I think it ' s
19 an incredible new concept that ' s out there in a
20 lot of different communities, so thank you .
21 CHAIRMAN HARKER: Thank you . Anybody
22 else in favor who would like to speak?
23 MS . PHILLIPS : I can speak and I can
24 also answer any questions .
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1 MELISSA PHILLIPS,
2 having been first duly sworn, testified from the
3 podium as follows :
4 MS . PHILLIPS : So I 'm Melissa Phillips,
5 part of Flight Team. So, yeah, this is a fairly
6 new kind of idea that ' s coming big, it ' s in the
7 city, there are some places very similar in
8 Tinley Park, Romeoville, and right now, you know,
9 the four of us travel quite a ways to go to such
10 an establishment, and it ' s kind of like silly
I1 that we would travel so far when we could have
12 something here, when we have a lot of our friends
13 who have similar interests , and, you know, they
14 like beer like we do, and it would be a niche
15 that we would like to fill here in Yorkville .
16 Why leave when you can stay?
17 So it ' s a bring-your-own-food, so
18 we -- you know, we ' ll have snacks, packaged
19 snacks, which, you know, helps us avoid needing a
20 kitchen . We would like to have food trucks;
21 again, another niche that could be filled for
22 Yorkville .
23 It ' s bring your own food, so you
24 could get a to-go from another restaurant and
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1 bring it in, you could have a pizza delivered,
2 and so, you know, parents, if they want to come
3 have some beers with friends, bring snacks for
4 your kids, keep them happy, so that there is a
5 lot of opportunity there, and again, it ' s not
6 something that we ' ve made up, it ' s kind of a
7 plan, kind of a, you know, business plan that ' s
8 been in process at some similar businesses .
9 MR. MARCUM: One of my son ' s favorite
10 haunts up in Round Lake is a place where they
I1 don ' t serve food, but they have all kinds of
12 to-go menus on the table where things can be
13 delivered.
14 Is that what you have in mind here
15 as well?
16 MS . PHILLIPS : Absolutely. That is
17 exactly it . And actually, back home -- my
18 husband and I are from Michigan -- there is a
19 similar restaurant and they have food, and we
20 were there, no one is eating, so, you know, Tony
21 has experience running a bar and a restaurant,
22 and if that -- dealing with food, if that ' s
23 something that we don ' t have to deal with, we
24 would just prefer not to . Really focus on what
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1 we want to do and doing it well .
2 MR. MARCUM: Is this building already in
3 existence?
4 MS . PHILLIPS : No, it is not .
5 MR. MARCUM: Okay. Are you going to use
6 the whole 7 , 000 feet?
7 MS . PHILLIPS : No, we are not . We have
8 about 3, 000 of the 7 , 000 , and are looking for
9 other businesses to move into that .
10 MR. MARCUM: What ' s your timeline?
11 MS . PHILLIPS : We are hoping to break
12 ground around the first of October and open as
13 soon as possible .
14 VICE-CHAIRMAN OLSON : Do you make it
15 on-site or are you just middleman?
16 MS . PHILLIPS : No, we are not a brewery,
17 so let ' s -- I think that was kind of like a
18 misconception.
19 I think there ' s benefits to not
20 being a brewery because then you tend to only
21 have your own beer . This is actually kind of
22 a -- it ' s kind of like a fancy liquor store in a
23 way where we will have everyone ' s beer, and so we
24 can have tap rotations and we can -- you know, we
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1 can do a lot more and have a lot more flexibility
2 than if we were an actual brewery.
3 CHAIRMAN HARKER : Excellent . Okay .
4 MS . PHILLIPS : Okay. Any other
5 questions?
6 No response . )
7 MS . PHILLIPS : Thank you .
8 CHAIRMAN HARKER: Anybody else that ' s in
9 favor who would like to speak that was sworn in?
10 No response . )
11 CHAIRMAN HARKER : Okay. Anybody that
12 would like to speak that ' s in opposition?
13 No response . )
14 CHAIRMAN HARKER: Seeing as there is
15 none, any more questions that we have for the --
16 MR. VINYARD: I have one quick question .
17 CHAIRMAN HARKER : Okay.
18 MR. VINYARD: Krysti, the food truck,
19 where is that --
20 MS . NOBLE : The food truck --
21 MR. VINYARD: -- provision within our
22 ordinances?
23 MS . NOBLE : We do not have one
24 currently .
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1 MR. VINYARD: Okay.
2 MS . NOBLE : We have a mobile vendor ' s
3 license that is issued through the --
4 MR. VINYARD : Same thing .
5 MS . NOBLE : -- through the city clerk ' s
6 office .
7 MR. VINYARD: Okay .
8 MS . NOBLE : So that we have that
9 provision .
10 Actually Staff is working on a food
I1 truck ordinance, which would probably go to the
12 Economic Development Committee next month in
13 October and then you would probably see it in
14 November .
15 MR. VINYARD: But there really is no
16 difference than what we were --
17 MS . NOBLE : Correct . Correct .
18 MR. VINYARD : Okay. It ' s just putting
19 it down as food truck. Okay.
20 MS . NOBLE : They would have a mobile
21 vendor license through the licensing department
22 of the City Clerk ' s office, and then they have to
23 get approval of the county health department .
24 MR. VINYARD : Right . Awesome . Thank
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1 you .
2 MR. HARKER: Question . The -- Kind of
3 just picturing what you guys -- what it ' s going
4 to look like when you get it up and running and
5 stuff, is it going to be like in the beer
6 section, you know, like at Binny ' s, like how
7 there ' s just an absolute ton, do like pick your
8 own six pack and stuff or whatever?
9 MS . PHILLIPS : Yes . So kind of like
10 envision -- I ' m sorry we didn ' t bring any visuals
11 or anything .
12 CHAIRMAN HARKER: That ' s fine .
13 MS . PHILLIPS : So really what we
14 envision is one side being a wall of beer, just
15 different kinds, different breweries, imports ,
16 locals , regionals .
17 One thing we wanted to highlight is
18 potentially highlighting what ' s on tap at our
19 restaurants . Like Crusade has a ton of great
20 beers . You can ' t take them home .
21 So, you know, the thought is here ' s
22 what ' s on tap at Millhurst, here what ' s on tap at
23 Crusade, because you can only have it there,
24 right?
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1 So it ' s kind of like one-half, most
2 will be room temp, there will be some in coolers
3 to take home; the other part, there is a lot of
4 tables , there is tables for four people, we have
5 one, you know, the beast, is 12, so it ' s a
6 12-foot table . It seats a lot of people .
7 What we wanted to do is kind of have
8 a social place, come, unplug, be a human,
9 interact with your friends , play games, right?
10 Just chat, enjoy a beer, which basically is what
11 we do together all the time, so really have a
12 venue that you can just come and do that .
13 We don ' t plan on having TV' s . The
14 only TV is the menu, all right? We don ' t plan on
15 slots , so it ' s not a sports bar .
16 It ' s a social place . We want to
17 have book clubs . We ' ve been contacted by running
18 clubs . We -- you know, there is a lot of social
19 events that kind of stem from having -- having a
20 venue like this .
21 CHAIRMAN HARKER : Excellent . Okay .
22 Thanks .
23 ' MS . PHILLIPS : And then to add to
24 that --
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1 CHAIRMAN HARKER: Oh, yeah .
2 MS . PHILLIPS : Sorry, there ' s more .
3 CHAIRMAN HARKER: But wait, there ' s
4 more .
5 MS . PHILLIPS : There ' s more . We are
6 going to have like a garage door which goes to a
7 beer garden, so that ' s like having another
8 outdoor space . Again, something we don ' t have .
9 CHAIRMAN HARKER: Right .
10 MS . PHILLIPS : And not having food
11 allows us to really open the door and have, you
12 know, free flow. So we ' re very excited .
13 CHAIRMAN HARKER: Excellent . And you ' re
14 saying you ' re going to -- you want to break
15 ground in October?
16 MS . PHILLIPS : Yes .
17 CHAIRMAN HARKER : You should have -- you
18 know, maybe think about having like a kick-off
19 Octoberfest .
20 MS . PHILLIPS : Absolutely.
21 CHAIRMAN HARKER : You know what I mean?
22 Before it -- I don ' t know if you could get a
23 permit or something like that, but that would be
24 fun, you know?
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1 MS . PHILLIPS : Yeah, there is a lot of
2 potential . Lot of potential .
3 CHAIRMAN HARKER: Sorry. Okay. Thank
4 you .
5 MS . PHILLIPS : Great . Thank you .
6 CHAIRMAN HARKER: Okay. Since all the
7 testimony has been taken, can I get a motion --
8 MS . NOBLE : Did you want me to provide
9 any facts?
10 CHAIRMAN HARKER: Sorry.
11 MS . NOBLE : Just briefly, Staff did a
12 review of all the standards that were a part of
13 the special use, so we talked about parking and
14 traffic . They are well over-parked, so they are
15 fine there . Traffic, the full access to the
16 property is off of the northwest corner of the
17 site, so a right-in, right turn only; egress
18 provided at the southwest corner of Kendall
19 Circle near the intersection of Kendall Drive .
20 The concept is that most of this
21 traffic pattern would be on internal private
22 roadways, so there should be no issues with
23 congestion.
24 Adequate utilities are provided .
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1 This is consistent with the Comprehensive Plan,
2 which is destination commercial, and the
3 petitioner has responded to their standards in
4 the packet, which, if you like, we can have
5 entered into the record .
6 MS . HELLAND: We would.
7 MS . NOBLE : Okay . And, finally, we just
8 made a distinction why certain things are
9 considered taverns and why certain things are
10 going to come in outright as restaurants .
11 You see a table in there which
12 addresses all the restaurants that have tavern
13 licenses as permitted through the clerk ' s office
14 and then what zoning sees as a tavern, so you
15 have a clear distinction .
16 VICE-CHAIRMAN OLSON : Where are the
17 liquor stores in town?
18 MS . NOBLE : So liquor stores, they are a
19 permitted use, and they are outright allowed in
20 businesses, so they don ' t have a food component
21 and they are just retail only, there is no
22 on-site consumption, so that ' s where a tavern
23 comes in, where they don ' t have that food
24 component as well like a restaurant, but they do
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1 have on-site consumption, so that ' s why it ' s
2 considered a special use, so this is similar .
3 VICE-CHAIRMAN OLSON : Like The Law
4 Office .
5 MS . NOBLE : Yes, this is similar to The
6 Law Office, which also has special use for a
7 tavern .
8 CHAIRMAN HARKER: Excellent .
9 VICE-CHAIRMAN OLSON : Thank you .
10 MS . NOBLE : You ' re welcome .
I1 CHAIRMAN HARKER: Okay. Seeing there is
12 no more testimony, can I get a motion to close
13 the testimony and of this public hearing,
14 please?
15 MR. VINYARD: So moved.
16 MR. GOCKMAN : Second .
17 CHAIRMAN HARKER: All right . Roll call
18 vote on the motion, please?
19 MS . YOUNG: Yes . Marcum.
20 MR. MARCUM: Yes .
21 MS . YOUNG: Olson .
22 VICE-CHAIRMAN OLSON : Yes .
23 . MS . YOUNG : Vinyard.
24 MR. VINYARD: Yes .
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1 MS . YOUNG: Gockman .
2 MR. GOCKMAN: Yes .
3 MS . YOUNG : Harker .
4 CHAIRMAN HARKER : Yes .
5 Which were all the
6 proceedings had in the
7 public hearing portion
8 of the meeting . )
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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 public hearing and
6 that the foregoing, Pages 1 through 20,
7 inclusive, is a true, correct and complete
8 computer-generated transcript of the proceedings
9 had at the time and 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 1st day of October, A. D . , 2018 .
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20 Christine M. Vitosh, CSR
Illinois CSR No . 084-002883
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PZC - September 12, 2018 - Public Hearing
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llitosh Reporting Service
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22
PZC - September 12, 2018 - Public Hearing
fill[1]-8:15 11:8,11:11,11:14,K Melissa[1]-8:4 NOBLE[13]-11:20,
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Vitosh Deporting Service
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23
PZC - September 12, 2018 - Public Hearing
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fitosh Reporting Service
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24
PZC - September 12, 2018 - Public Hearing
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BACKGROUND AND PROJECT DESCRIPTION:
The petitioner, GRNE Solar on behalf of Kendall County, is requesting special use permit approval to
construct a freestanding solar farm at the Kendall County Government Center at 810 John Street. The
solar farm is being proposed to be located on approximately 7.4 acres of vacant land at the southwest
corner of the Kendall County Government Campus south of John Street.
STAFF RECOMMENDATION:
The petitioner did not send notice of the October 10, 2018 public hearing within the required time frame
as determined by City Ordinance. Therefore, Staff recommends that the Planning and Zoning
Commission make a motion to move the public hearing date to the November 14, 2018 Planning and
Zoning Commission meeting to ensure all requirements are met and all adjacent property owners are
notified.
Proposed Motion
Due to the absence of required notification to property owners within five hundred feet of the
subject property, the Planning and Zoning Commission recommends the Public Hearing
scheduled for October 10, 2018 be moved to the November 14, 2018 Planning and Zoning
Commission meeting to be held at the United City of Yorkville City Hall at 7:00PM.
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Bart Olson, City Administrator
Krysti Barksdale-Noble, Community Development Director
Date: October 3, 2018
Subject: PZC 2018-07 GRNE Solar – Kendall County Government Campus
(Special Use)
Background/Proposed Request
In March 2018, Aurora Sign Company submitted a permit application for 129 Commercial Drive to
move an existing sign from one location on a multi-tenant building to another location on the
building (See exhibit below). The City’s Zoning Ordinance has the following regulations regarding
building mounted signs on multi-tenant buildings:
“ Each tenant having a public entrance in an exterior building wall or having an exterior wall
facing a public right of way shall be permitted to have building mounted identification signage or
building mounted business signage for each exterior wall of that part of the building in which it
is located, provided said wall contains a public entrance or faces a public right of way. The
maximum area of such sign shall not exceed two (2) square feet for each one linear foot of the
facade of the building with a public entrance. No wall sign shall extend more than seventy five
percent (75%) of the width of the building facade to which it is attached.”
The permit was denied because the sign was too large and too wide for the proposed location. After
the permit was denied, the petitioner appealed staff’s decision to the Planning and Zoning
Commission as they believed the Zoning Ordinance was unclear on what defined a new wall on a
façade. The item was discussed at the May 9, 2018 as item number “2018-12 Zoning Ordinance
Appeal.” Staff conducted research into how the ordinance has been interpreted since its adoption in
2014 and concluded that staff has been consistent in its interpretation of the code for situations
involving building mounted signage. Please see the attached staff memorandum from that meeting
which details the situation in more detail.
The result of discussions at the Planning and Zoning Commission meeting resulted in a compromise
where the petitioner was allowed to put their sign up and staff would amend the text in the ordinance
to better clarify the intent of the existing language. This memorandum outlines the issue, how other
neighboring communities handle building mounted signs, and potential text amendment language for
our Zoning Ordinance.
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: October 3, 2018
Subject: PZC 2018-17 Chapter 20 Zoning Ordinance Text Amendments
The Need for Clarification
As seen in the pictures to the right, many newer commercial
buildings have articulated walls, different building
materials, and height differences which add character and
pleasing aesthetics to commercial districts. These
architectural features are inviting but create an issue in
terms of the definition of a wall when it comes to building
mounted signage.
The intent of the current language for building mounted
signs is to avoid multi-tenant buildings from having too
large and bulky signage which may stretch across the entire
wall of the tenant’s unit. The language has served its
purpose for many of the City’s commercial structures but
the situation at 129 Commercial Drive created a unique
issue. The tenant leases several units from the building and
therefore the petitioner defined its wall as the entire façade.
This would allow a sign to go all the way up to the edge of
a building as long as it did not surpass 75% width of the
wall (and in the petitioner’s interpretation, the entire façade). Additionally, by interpreting the entire
façade as a wall, building mounted signs may be very large and out of scale in one location on the
building as long as the rest of the building left blank. While this issue has been brought up for a
multi-tenant building, the language is consistent for single use buildings with articulated walls and
varying heights.
Please see the illustrations below to get a visual representation between how the Zoning Ordinance
has been interpreted by staff and how it could be interpreted by petitioners:
Staff Interpretation This graphic illustrates how staff has
interpreted the Zoning Ordinance in
regards to what constitutes a wall and
the areas where a sign may be placed on
a building. The placement and size of
these areas is the general intent of the
language of the Zoning Ordinance.
Petitioner Interpretation This graphic illustrates how the
petitioner interprets the language in the
zoning code and the potential allowable
sign area placements on the building.
Surrounding Communities
Staff has conducted research to provide insight into how neighboring communities handle building
mounted signage and if this issue has risen in other communities. Please see the table below for this
information.
MUNICIPALITY ORDINANCE LANGUAGE FOR BUILDING MOUNTED SIGNS
MONTGOMERY
Wall Sign Regulations:
Each user is allowed a maximum of six (6) signs on a building with a maximum
of three (3) signs per wall. No wall signs shall be allowed for individual tenants
in a multi-story or a multi-tenant building having no exterior building entrance
for each tenant.
Each wall sign shall be located within a selected sign display area… The amount
of the sign display area that is allowed to be consumed by signage varies
depending on the length of the wall that it is affixed…
Definitions:
Facade: The face or wall of a building as it is presented to view; the apparent
width and/or height of a building as viewed from streets, driveways and parking
lots. Minor changes in wall elevations do not constitute the creation of
additional facades.
AURORA
Wall Sign Regulations:
The maximum permitted area of all wall signs on a facade shall be ten (10)
percent of the building facade up to twenty-two (22) feet high.
Multi-business buildings - The owners of such a building may allocate the
permitted sign area to the various businesses at their discretion.
Definitions:
Facade (or building facade): The exterior wall of a building, from the ground
to the roofline. For the purposes of this ordinance, a roof varying no more than
forty-five (45) degrees from the vertical plane shall be considered part of the
facade.
Wall: A building surface varying no more than forty-five (45) degrees from
the vertical.
OSWEGO
Wall Sign Regulations:
The maximum area of such signs shall not exceed one (1) square foot in area for
each one (1) lineal foot of façade of that portion of the building of which the
tenant or owner-occupant is in possession and to which the sign is attached.
No sign shall extend more than seventy-five (75) percent of the width of the
façade of the total building or the individual tenant space to which it is attached.
PLANO
Wall Sign Regulations:
A wall sign shall be erected upon the wall of the building facade having its principal
frontage upon a public street.
A maximum of one wall sign per establishment shall be permitted, erected for the
purpose of identifying the establishment.
The maximum height of a wall sign shall be thirty feet (30') from grade, or two (2)
stories, whichever is less, but in no case shall any portion of such sign be extended
above the roofline.
The surface area of a wall sign shall not exceed two (2) square feet per one linear foot of
building front, or one hundred fifty (150) square feet, whichever is less.
Definitions:
FACADE: Any side, surface or wall below the roof of a building which is parallel or
within forty five degrees (45°) of parallel with a parcel's frontage on a public
thoroughfare, which faces toward and relates to that public thoroughfare. If a building
has a complex shape, then all walls or surfaces facing in the same direction, or nearly the
same direction, are part of a single facade.
PLAINFIELD
Wall Sign Regulations:
Only one (1) permanent wall sign per building or retail unit of a building will be
permitted except for corner locations or locations adjoining private streets where one
(1) wall sign for each wall facing the public or private street will be permitted. Wall
signage facing access drives is prohibited.
Retail establishments with a floor area in excess of 40,000 square feet may identify
the business and its major uses within the building with a maximum of four (4) wall
signs on the primary facade. The Zoning Administrator may approve up to two (2)
additional wall signs for the Primary facade depending on exceptional design
conditions. The sum of all signs, regardless of number, may not exceed the total
allowable wall sign area for the facade.
Permanent wall signage for buildings or units less than forty thousand (40,000) square
feet shall not exceed (1) square foot of sign area for each one (1) foot of façade
frontage and no edge of such sign shall come closer than five (5) feet from the edge of
the façade on which it is installed; rear signage on buildings shall not exceed one (1)
square foot for each two (2) feet of rear façade frontage; in no case shall any such wall
sign exceed one hundred twenty (120) square feet in area;
Permanent wall signage for buildings or units between forty thousand (40,000) square
feet and one hundred thousand (100,000) square feet shall not exceed one and one half
(1½) of a square foot of sign area for each one (1) foot of facade frontage; in no case
shall any wall sign exceed four hundred (400) square feet in area;
Permanent wall signage for buildings or retail units over one hundred thousand
(100,000) square feet shall not exceed two (2) square feet of sign area for each one (1)
foot of facade frontage, in no case shall any wall sign exceed six hundred (600) square
feet in area.
Definitions:
FACADE FRONTAGE. The facade frontage is the width of the face of the front
building wall or the width of the front wall face of the area devoted to an individual
tenant of a commercial retail center.
NAPERVILLE
Wall Sign Regulations:
For facades with street frontage (public or private) and facades adjacent to an
off-street parking area where customer access is also available, wall, awning,
and canopy signage (in any combination) shall be permitted up to a maximum
sign area of one and one-half (1.5) square feet for each linear foot of facade,
and shall not exceed a maximum of three hundred (300) square feet. For
facades on properties separated from the adjacent street frontage by another lot
that that is not designed to have a building located upon it (e.g. reserved
exclusively for parking, stormwater management, etc.), permits for wall,
canopy and awning signage may be authorized by the Zoning Administrator in
accordance with the limits provided in this subsection.
Definitions:
Frontage: A strip or extension of land abutting a public or private roadway
(excluding drive aisles), unless otherwise defined within this chapter.
SUGAR GROVE
Wall Sign Regulations:
Wall sign permitted area is limited to a maximum of one square foot for every
one foot (1') in width of the building side, with a maximum of two hundred
(200) square feet.
Wall sign permitted area calculations are based on each side of a building facing
a lot line, unless the walls facing a side are more than fifteen feet (15') apart,
then the walls are each counted separately for calculation purposes.
Definitions:
FACADE: The exterior wall of a building exposed to public view or that wall
viewed by persons not within the building.
To summarize the table above, in terms of wall sign regulations Oswego, Plano, Plainfield,
Naperville, and Sugar Grove all determine the size of a wall sign as a proportion to the linear
frontage to which it is attached. This is identical to how Yorkville determines the maximum area for
a wall sign. Montgomery calculates a display area for each frontage and has a maximum number of
signs and Aurora determines size by a percentage of the façade.
In terms of wall sign widths, Oswego has the exact same language as Yorkville which states that a
sign may not exceed 75% of the width of the façade of the total building or the individual tenant
space to which it is attached.
Sugar Grove is the only neighboring municipality which states when a wall becomes a new wall on a
façade. When the walls are facing the same lot line and are more than 15 feet apart, then they will be
measured separately for sign area.
Staff contacted planning staff members from a couple of these communities to see if there were any
instances of confusion in the interpretation of their language similar to the 129 Commercial Drive
situation. Both stated that they did not have an issue similar to Yorkville.
Suggested Zoning Ordinance Revisions
After reviewing the City’s current language, surrounding community’s sign regulations and
information provided by the American Planning Association, staff is suggesting the following
revisions to the Section 10-20 of the Yorkville City Code (modifications in red):
10-20-6: GENERAL PROVISIONS:
A. Sign Area: The area of the sign face which is also the sign area of a wall sign or other
sign with only one face shall be computed by means of the smallest square, rectangle,
circle, triangle or combination thereof that will encompass the extreme limits of the
writing representation, emblem or other display, together with any material or color
forming an integral part of the background of the display or used to differentiate the sign
from the backdrop or structure against which it is placed. It does not include any
supporting framework, bracing or decorative fence or wall when such fence or wall
otherwise meets zoning ordinance regulations and is clearly incidental to the display
itself. A double faced sign shall count as a single sign.
Building mounted wall sign area calculations are based on each wall of an exterior
building facing a lot line and a public right-of-way. An exterior building wall which
faces a lot line may contain more than a single wall for sign area calculation purposes. If
portions of the exterior building wall face the same lot line and are separated by four feet
(4’) or more in depth from that lot line, then they are considered two separate walls for
sign area calculation purposes. If separated by less than four feet (4’) they shall be
considered a single exterior building wall for sign area calculation purposes. If two
exterior walls create an angle greater than one hundred and thirty five (135) degrees
on the horizontal plane then it shall be considered a single exterior wall. Any two
exterior walls which create an angle of less than one hundred and thirty five (135)
degrees on the horizontal plane shall be considered two separate walls.
Additionally, for any multi-tenant building, if the area where a building mounted sign
is being placed is located between two pillars, posts, or other architectural features,
the area between the features will be considered the exterior wall for sign area
calculations.
EXAMPLE 1: SINGLE USE BUILDING (DEPTH GREATER THAN 4 FEET)
EXAMPLE 2: SINGLE USE BUILDING (DEPTH LESS THAN 4 FEET)
EXAMPLE 3: MULTI-TENANT BUILDING (BETWEEN ARCHITECTURAL FEATURES)
EXAMPLE 4: MULTI-TENANT BUILDING
10-20-9: PERMITTED SIGNS; BUSINESS ZONING DISTRICTS
A. Permanent Signs:
2. Building Mounted Business/Identification Signs:
a. Single Use Building:
(1) A business having a public entrance in an exterior building wall or having
an exterior wall facing a public right of way shall be permitted to have
building mounted identification signage or building mounted business
signage for each exterior wall of that part of the building in which it is
located, provided said wall contains a public entrance or faces a public right
of way. The maximum area of such sign shall not exceed two (2) square feet
for each one linear foot of the façade exterior wall of the building with a
public entrance. No wall sign shall extend more than seventy five percent
(75%) of the width of the building façade exterior wall to which it is attached
and shall be no closer than one (1) foot from the vertical or horizontal edge of
any wall to which it is affixed. The business cannot transfer sign area
between its adjoining exterior walls.
(2) In addition to the signs permitted in subsection A2a(1) of this section, a
business on an exterior wall not having a public entrance or facing a public
right of way may have a building mounted business/identification sign on
such a wall not exceeding in size one square foot in area for each one linear
foot of the width of that exterior wall and shall not extend more than fifty
percent (50%) of the length of that exterior wall and shall be no closer than
one (1) foot from the vertical or horizontal edge of any wall to which it is
EXAMPLE 5: MULTI-STORY, MULTI-TENANT BUILDING
affixed. Such a sign shall not be illuminated either internally or externally if
that sign faces residential land uses.
b. Multi-Tenant Buildings:
(1) Each tenant having a public entrance in an exterior building wall or
having an exterior wall facing a public right of way shall be permitted to have
building mounted business or building mounted identification signage for
each such exterior wall that is adjacent or a part of its owned or leased
premises. The maximum area of such a sign shall not exceed two (2) square
feet in area for each one linear foot of the tenant's exterior wall. No wall sign
shall extend more than seventy five percent (75%) of the width of that part of
the tenant's exterior wall and shall be no closer than one (1) foot from the
vertical or horizontal edge of any wall to which it is affixed.
(2) In addition to the signs permitted in subsection A2b(1) of this section, a
tenant on an exterior wall not having a public entrance or facing a public right
of way may have a building mounted business/identification sign, on that
portion of a wall that is adjacent or a part of its owned or leased premises.
The size of such a sign shall not exceed one square foot in area for each one
linear foot of the width of the tenant's exterior wall and shall not extend more
than fifty percent (50%) of the length of the tenant's exterior wall and shall be
no closer than one (1) foot from the vertical or horizontal edge of any wall to
which it is affixed.. Such a sign shall not be illuminated either internally or
externally if that sign faces residential land uses.
10-20-10: PERMITTED SIGNS; MANUFACTURING ZONING DISTRICTS
A. Permanent Signs:
2. Building Mounted Business/Identification Signs:
a. Single Use Building:
(1) A business having a public entrance in an exterior building wall or having
an exterior wall facing a public right of way shall be permitted to have
building mounted identification signage or building mounted business
signage for each exterior wall of that part of the building in which it is
located, provided said wall contains a public entrance or faces a public right
of way. The maximum area of such sign shall not exceed two (2) square feet
for each one linear foot of the facade exterior wall of the building with a
public entrance. No wall sign shall extend more than seventy five percent
(75%) of the width of the building façade exterior wall to which it is attached
and shall be no closer than one (1) foot from the vertical or horizontal edge of
any wall to which it is affixed. The business cannot transfer sign area
between its adjoining exterior walls.
(2) In addition to the signs permitted in subsection A2a(1) of this section, a
business on an exterior wall not having a public entrance or facing a public
right of way may have a building mounted business/identification sign on
such a wall not exceeding in size one square foot in area for each one linear
foot of the width of that exterior wall and shall not extend more than fifty
percent (50%) of the length of that exterior wall and shall be no closer than
one (1) foot from the vertical or horizontal edge of any wall to which it is
affixed. Such a sign shall not be illuminated either internally or externally if
that sign faces residential land uses.
b. Multi-Tenant Buildings:
(1) Each tenant having a public entrance in an exterior building wall or
having an exterior wall facing a public right of way shall be permitted to have
building mounted business or building mounted identification signage for
each such exterior wall that is adjacent or a part of its owned or leased
premises. The maximum area of such a sign shall not exceed two (2) square
feet in area for each one linear foot of the tenant's exterior wall. No wall sign
shall extend more than seventy five percent (75%) of the width of that part of
the tenant's exterior wall and shall be no closer than one (1) foot from the
vertical or horizontal edge of any wall to which it is affixed.
(2) In addition to the signs permitted in subsection A2b(1) of this section, a
tenant on an exterior wall not having a public entrance or facing a public right
of way may have a building mounted business/identification sign, on that
portion of a wall that is adjacent or a part of its owned or leased premises.
The size of such a sign shall not exceed one square foot in area for each one
linear foot of the width of the tenant's exterior wall and shall not extend more
than fifty percent (50%) of the length of the tenant's exterior wall and shall be
no closer than one (1) foot from the vertical or horizontal edge of any wall to
which it is affixed. Such a sign shall not be illuminated either internally or
externally if that sign faces residential land uses.
The proposed changes are an attempt to improve the clarity behind the intent of the sign regulations
within the Zoning Ordinance. The addition in Section 10-20-6 of how building mounted signs will
be calculated provides context on what defines a new wall. The four foot (4’) measurement is based
on the fact that a new doorway or entrance could be fit into that length and therefore is a logical way
to determine a new wall.
The alterations made to Sections 10-20-9 and 10-20-10 is to clarify that measurements will be taken
on exterior walls and not the entire façade. Additionally, language was added to ensure that any sign
must give space to the vertical edge of any wall which will avoid any new signage from going
directly up against the corner of edge of an exterior wall (like the “Heritage” sign).
Staff Recommendations
Staff believes these changes to the Zoning Ordinance will provide clarity on the existing intent of the
building mounted sign regulations. The additional language and new graphics makes the regulations
much clearer on what is allowed for these types of signs. 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 October 10, 2018, 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 October 3, 2018 and further subject to {insert any additional conditions of the Planning and
Zoning Commission}…
Attachments
1. PZC 2018-12 Zoning Ordinance Appeal Memo
Summary
A permit application was submitted for a new permanent building mounted sign on March 23, 2018 for
the commercial structure at 129 Commercial Drive in Yorkville, Illinois. The permit was denied through
the zoning review process on March 27, 2018. The petitioner is requesting that the interpretation of the
Yorkville Zoning Ordinance in regards to its decision on this permit application be reviewed by the
Planning and Zoning Commission as stated in Section 10-4-6-A of the Zoning Ordinance. This Section
states the Planning and Zoning Commission may hear and decide appeals from any order, requirement,
decision or determination made by the zoning administrator or officer under the zoning regulations of this
code.
Initial Request
On March 23, 2018 Aurora Sign Company submitted a permit to move the existing “Heritage” sign from
the front of the building located at 129 Commercial Drive to the eastern facing section of the same
building. The submission showed a frontage wall length of 23 feet 1 inch and a sign width of 18 feet 8
inches (see below).
Per Section 10-20-9: Permitted Signs; Business Zoning District Part A-2-b. Multi Tenant Buildings:
“ A business having a public entrance in an exterior building wall or having an exterior wall
facing a public right of way shall be permitted to have building mounted identification signage or
building mounted business signage for each exterior wall of that part of the building in which it
is located, provided said wall contains a public entrance or faces a public right of way. The
maximum area of such sign shall not exceed two (2) square feet for each one linear foot of the
facade of the building with a public entrance. No wall sign shall extend more than seventy five
percent (75%) of the width of the building facade to which it is attached.”
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: May 1, 2018
Subject: PZC 2018-12 – Zoning Ordinance Appeal
MARCH 23, 2018 SUBMISSION
Calculating the maximum allowable size and width for this review went as follows:
SIGN AREA
Submitted Width of Façade: 23.083 feet
Maximum Allowable Size per Submitted Width: 46.166 square feet
Proposed Building Mounted Sign Area: 49.840 square feet
Result: 3.674 square feet too large
SIGN WIDTH
Submitted Width of the Façade: 23.083 feet
Maximum Allowable Size per Submitted Width: 17.312 feet
Proposed Building Mounted Sign Width: 18.666 feet
Result: 1.354 feet too large
As a result of these calculations and according to the regulations set forth in Section 10-20-9-A-2-b of the
Yorkville Zoning Ordinance, the permit was denied. Additionally, the 23 foot 1 inch length of the wall
façade is not completely accurate as it includes part of the wall which takes an obtuse angle away from
the wall which the sign will be affixed. Even with this possible discrepancy, the building mounted sign
did not meet the criteria set forth in the zoning ordinance.
Staff notified the petitioner that the permit was denied on March 27, 2018.
Petitioner Response
The petitioner responded to the denial of their permit application with a re-submittal on April 5, 2018.
The petitioner stated that the tenant of the building is currently utilizing 75 feet of façade frontage (see
below). They stated the existing “Cabinetry & Designs” sign is no larger than 50 square feet and the
width of both signs combined is no more than 50 linear feet. With this interpretation of the Zoning
Ordinance, the “Heritage” and “Cabinetry & Designs” signs would be permitted under the regulations set
forth in Section 10-20-9.
APRIL 5, 2018 SUBMISSION
Staff Response
On April 12, 2018 Staff responded to the request stating that while the entire frontage was 75 feet, the
exterior wall to which the sign is being affixed was correct as originally submitted. While along the same
frontage, the different height and depth creates two exterior walls. The graphic below was created to
illustrate how the walls were separate.
On April 24, 2018 the petitioner asked for more information regarding this interpretation of the code and
where it is stated within the Zoning Ordinance that this situation would define two separate walls.
Over the course of the following week (April 24-May 1) staff communicated with both the Aurora Sign
Company and Owners of the establishment about this issue. Staff clarified for the petitioners that Section
10-4-2-B-5 of the City Code states that it is the duty of the zoning administrator to interpret the zoning
regulations when questions arise.
Krysti Barksdale-Noble, Community Development Director, as the zoning administrator is tasked with
interpreting the nuances of the code based upon the spirit and intent in which the code was written. She
applied the interpretation of the code to mean the wall in which the sign is affixed. This has been the
consistent interpretation and spirit of this section of the Zoning Ordinance since it was adopted in 2014.
Therefore, in terms of consistency with all previous zoning reviews and the intent of the purpose of the
written code, the sign permit was denied.
Petitioner Appeal
Throughout the conversation with staff, the petitioner was told that there are two courses of action which
the Zoning Ordinance allows if they did not approve of the final decision.
1. The petitioner may appeal to the Planning and Zoning Commission for their interpretation of the
Zoning Ordinance (10-4-6-A).
2. The petitioner may apply for a sign variance and go through the public hearing process for that
request.
The petitioner has decided to appeal the zoning administrator’s decision to the Planning and Zoning
Commission. The petitioner is now seeking the Planning and Zoning Commission to review the language
in Section 10-20-9-A-2-b to clarify the interpretation of the code.
Existing Building Mounted Signage
As communications transpired between staff and the petitioners, it was brought to staff’s attention that
there may be some building mounted signs that do not conform to the existing code. While some of these
examples were part of Planned Unit Developments and/or allowed before the new Zoning Ordinance in
2014, it was possible that there were other signs within the community that were erected when they did
not meet the current Zoning Ordinance standards.
Staff reviewed approximately 250 sign permits issued between November 1, 2014 to May 1, 2018. Staff
then conducted analysis regarding only wall signage permitted during that time. The table below explains
the number of wall signs permitted and the number of wall signs which DO NOT adhere to our current
Zoning Ordinance.
Building Mounted Signs
Total Building Mounted Signs Issued between Nov. 1 2014 and May 1, 2018 88
Building Mounted Signs with Similar Articulated Walls 34
Nonconforming Signs at Issuance 2
A total of 32 out of 34 (94%) Building Mounted Signs with similar articulated walls issued between
November of 2014 and May of 2018 were interpreted by staff in a consistent manner as the proposed sign
at 129 Commercial Drive.
The 2 signs which are currently nonconforming were passed in late 2014 and 2015. It is expected that the
new zoning ordinance adoption caused these signs to be permitted before any consistent interpretation
was in place with staff. It is common after the adoption of new regulations and the turnover of review
staff may cause the initial inconsistency within the review process. Overall, staff has a majority of the
time used the same interpretation when reviewing building mounted signage. Any other signs erected
before November 2014 which are not in conformance with the current code are considered legally non-
conforming. Additionally, there are signs which may be allowed to vary from our code as part of an
existing annexation agreement or PUD agreement.
For the 2 building mounted signs which were erected but did not meet the criteria set forth in Section 10-
20-9-A-2-b, they are considered nonconforming signs. Since these signs are not permitted but have been
installed, they must adhere to Section 10-15-4: Elimination of Nonconforming Buildings, Structures and
Uses. Letter C of this Section states:
“Any nonconforming signs and any and all billboards and outdoor advertising structures shall be
removed after five (5) years.”
The outcome of the Planning and Zoning Commission’s decision on this interpretation will affect how
these existing signs are handled. If the Commission agrees with staff’s interpretation, then the signs
identified throughout staff’s research will be notified of their nonconformity and held to the schedule set
forth in the Zoning Ordinance. Other interpretations and outcomes made by the Planning and Zoning
Commission may alter how staff would resolve the existing signs throughout the City.
Staff Comments
Staff is seeking the Planning and Zoning Commission’s decision on the interpretation of the language in
Section 10-20-9-A-2-b of the City Code. The Commission needs to determine if there are one or two
separate walls to be measured for area and width calculations. The Commission’s decision on how this
language should be interpreted will affect all future decisions with regards to this language and how staff
will handle existing nonconforming signs.
Motion
In consideration of the proposed Zoning Ordinance Appeal, with information provided in a staff
memorandum dated May 1, 2018, and testimony provided by the petitioner, the Planning and Zoning
Commission approves/denies the petitioner’s appeal that their revised building permit application for a
wall mounted sign dated April 5, 2018 is allowable.
Attachments
1. 3-23-18 Permit with attachments
2. 4-5-2018 Resubmittal
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 for consideration of updates to “Chapter 20: Signs” of
the United City of Yorkville Zoning Ordinance. The update to the text includes establishing and
defining an exterior business wall that is allowed a wall sign and where that wall sign may be
located but does not change the overall allowable size of a wall sign on an exterior wall.
NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United
City of Yorkville will conduct a public hearing at a special meeting on said amendments on
Wednesday, October 10, 2018 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
Summary
Proposed 2019 meeting schedule for the Planning and Zoning Commission.
Meeting Schedule for 2019
For 2019, if the Planning and Zoning Commission would like to continue meeting the
second Wednesday of the month at7:00 p.m., the proposed meeting dates would be as follows:
• January 9, 2019
• February 13, 2019
• March 13, 2019
• April 10, 2019
• May 8, 2019
• June 12, 2019
• July 10, 2019
• August 14, 2019
• September 11, 2019
• October 9, 2019
• November 13, 2019
• December 11, 2019
Recommendation
Staff recommends review of the proposed meeting dates and time so that a meeting
schedule can be finalized for 2019.
Memorandum
To: Planning and Zoning Commission
From: Lisa Pickering, Deputy Clerk
CC: Bart Olson, City Administrator
Krysti Barksdale-Noble, Community Development Director
Date: September 24, 2018
Subject: Planning and Zoning Commission Meeting Schedule for 2019