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Economic Development Packet 2018 11-06-18
AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, November 6, 2018 6:00 p.m. City Hall Conference Room 800 Game Farm Road, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: October 2, 2018 New Business: 1. EDC 2018-73 Building Permit Report for September 2018 2. EDC 2018-74 Building Inspection Report for September 2018 3. EDC 2018-75 Property Maintenance Report for September 2018 4. EDC 2018-76 Economic Development Report for October 2018 5. EDC 2018-77 Heartland Subdivision – PUD Amendment for Side Yard Setback 6. EDC 2018-78 Mobile Food Truck and Retail Vendor Units Ordinance 7. EDC 2018-79 Brewery Text Amendment 8. EDC 2018-80 Economic Development Consultant Contract 9. EDC 2018-81 Meeting Schedule for 2019 Old Business: Additional Business: 2018/2019 City Council Goals – Economic Development Committee Goal Priority Staff “Manufacturing and Industrial Development” 1 Bart Olson, Krysti Barksdale-Noble, Erin Willrett, Lynn Dubajic, Eric Dhuse & Brad Sanderson “Downtown Planning” 2 Bart Olson, Krysti Barksdale-Noble & Erin Willrett “Riverfront Development” 3 Bart Olson, Tim Evans & Krysti Barksdale-Noble “Southside Development” 4 Bart Olson, Krysti Barksdale-Noble & Lynn Dubajic “Revenue Growth” 8 Rob Fredrickson, Krysti Barksdale-Noble & Lynn Dubajic “Entrance Signage” 12 Krysti Barksdale-Noble & Erin Willrett United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, November 6, 2018 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. October 2, 2018 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2018-73 Building Permit Report for September 2018 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2018-74 Building Inspection Report for September 2018 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2018-75 Property Maintenance Report for September 2018 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2018-76 Economic Development Report for October 2018 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2018-77 Heartland Subdivision – PUD Amendment for Side Yard Setback □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. EDC 2018-78 Mobile Food Truck and Retail Vendor Units Ordinance □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 7. EDC 2018-79 Brewery Text Amendment □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 8. EDC 2018-80 Economic Development Consultant Contract □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 9. EDC 2018-81 Meeting Schedule for 2019 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ -------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Economic Development Committee – October 2, 2018 Economic Development Committee – November 6, 2018 Majority Committee Approval Minute Taker Name Department Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, October 2, 2018, 6:00pm City Conference Room In Attendance: Committee Members Chairman Ken Koch Alderman Carlo Colosimo Alderman Joel Frieders Alderman Seaver Tarulis Other City Officials Mayor Gary Golinski Senior Planner Jason Engberg City Administrator Bart Olson Code Official Pete Ratos Community Development Director Krysti Barksdale-Noble Other Guests Dan Kramer, Attorney Linda Girardi, Beacon News Lynn Dubajic, City Consultant Matt Asselmeier, Kendall County Eric Peterman, GRNE Shawn Ajaz, Progressive Energy Group Angela Berger, Blackberry Woods Todd Milliron Megan Fanthorpe, Blackberry Woods Stefen Fanthorpe, Blackberry Woods Ben Kilgore, Blackberry Woods Mike Olszewski, Blackberry Woods Mary Snyder, Blackberry Woods Marianne Tomse, Blackberry Woods Mr. Chris Childers The meeting was called to order at 6:00pm by Chairman Ken Koch. Citizen Comments: None New Business: (out of sequence) 5. EDC 2018-71 GRNE Solar – Kendall County Government Campus Mr. Engberg presented a review of this request for a solar farm special use permit on a 7.4 acre site on the Kendall County Campus which is currently zoned 'O' office. He described the current site conditions and the surrounding properties. He explained that the solar panels rotate to follow the sun and that a glare study was provided by the petitioner. Fencing was also addressed and it was noted the Sheriff's office has requested the fence not be totally opaque for security purposes. No signage will be requested and a landscape plan is not yet complete. Abandonment of the system was also addressed. Mr. Engberg said staff has reviewed all components and he listed some conditions being requested of the Special Use. He said this petition will move forward to the Planning and Zoning Commission on November 14th. Page 2 of 3 Attorney Kramer commented on the glare issue and said the solar panels will only face east and west and will not produce glare to any nearby homes. He said the sheriff is OK with an opaque fence on the south to shield nearby homes and wishes to have a security camera inside the property and access to the property. Concerned residents then presented questions and concerns they had as follows: possible noise from panel rotation, request to see layout which will be provided prior to PZC meeting, possible health hazards from panel breakage, how many panels and life expectancy, what type of ground cover, possible emission of radiation (manufacturer will be contacted), water basin maintenance and possible damage from water runoff, long- term effects, decrease of home value and request for tree buffer between homes and solar panels. Mr. Peterman commented that even if the solar panel petition is not approved, there has been consideration for expanding the jail yard or there will be other type of development. He also said that tax credits will be received and in turn, the County will receive a lower electric rate. Chairman Koch asked GRNE to contact all residents and the HOA and Mr. Peterman said he will try to set up a meeting with the HOA. Alderman Frieders said he had done considerable internet research regarding solar panels and shared that information pertaining to some of the residents' questions. Mr. Chris Childers discussed the cost per kilowatt hour and the ultimate savings to the county. He said the solar field would be a positive as opposed to some other possible future uses. Minutes for Correction/Approval: September 4, 2018 The minutes were approved on a unanimous voice vote. 1. EDC 2018-67 Building Permit Reports for August 2018 Pete Ratos reported on single family and commercial permits issued and said there was a total of 121 permits in August. Most of the construction is occurring in Grande Reserve and Caledonia. 2. EDC 2018-68 Building Inspection Report for August 2018 Inspections for the month totaled 509 with the majority being single family homes. Mr. Ratos said miscellaneous permits are increasing. 3. EDC 2018-69 Property Maintenance Report for August 2018 In August, seven cases were heard, most of which were dismissed. He also briefly discussed the outcomes of two recent cases Page 3 of 3 4. EDC 2018-70 Economic Development Report for September 2018 Ms. Dubajic reported the following: 1. Fountain Village expects some businesses to locate there very soon. 2. The banquet hall opening is now extended to March. 3. More food-related businesses are looking at the city. 4. Planet Fitness has signed a lease and is remodeling the former Office Max space. 6. EDC 2018-72 Unified Development Ordinance (UDO) RFP Staff wishes to have a comprehensive ordinance to encompass zoning, engineering, design standards, etc. She proposed an RFP to hire a firm to develop a single document including the Zoning Ordinance, Subdivision Control Ordinance, Landscape Ordinance and Appearance Code and to create a web-based version to utilize smart codes. A PIN would be input and information would be displayed that shows what standards are allowed/what can be built. This would streamline the process for staff. Ms. Noble hopes this procedure could begin in January and be complete in 16-18 months. The budgeted amount is $50,000 and a budget amendment will be proposed if the project continues into the next budget year. The committee was OK with this proposal and the item moves forward to the consent agenda. Old Business 1. EDC 2018-66 Sign Ordinance Text Amendment This has been reviewed by counsel, revisions made and Mr. Engberg created additional graphics. There was a brief discussion on specific situations for signage. A Public Hearing will be held on October 10th. Additional Business There was no further business and the meeting adjourned at 7:25pm. Minutes respectfully submitted by Marlys Young, Minute Taker Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #1 Tracking Number EDC 2018-73 Building Permit Report for September 2018 Economic Development Committee – November 6, 2018 N/A N/A N/A Informational None All permits issued in September 2018. D. Weinert Community Development Name Department C:\Users\jbehland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y805XFBK\Sept 2018.doc Prepared by: D Weinert UNITED CITY OF YORKVILLE BUILDING PERMIT REPORT September 2018 TYPES OF PERMITS Number of Permits Issued SFD Single Family Detached B.U.I.L.D Single Family Detached Program Begins 1/1/2012 SFA Single Family Attached Multi- Family Apartments Condominiums Commercial Includes all Permits Issued for Commercial Use Industrial Misc. Construction Cost Permit Fees September 2018 72 1400050 53 4,404,065.00125,664.18Calendar Year 2018 830 16114360106051346,638,474.002,111,570.90Fiscal Period 2019 523 120000500 353 30,403,282.001,032,661.79September 2017 935400180 662,528,690.00109,034.78Calendar Year 2017 772 547401/51 Units120052354,958,183.002,094,010.18Fiscal Period 2018 539 384601/51 Units76037844,364,839.001,504,600.65September 2016 95151200150 534,756,837.00263,394.20Calendar 2016 707 438400960 484 30,430,072.001,481,039.58Fiscal Period 2017 486 365400550 341 21,947,896.001,016,638.24September 2015 551900120 332,030,513.00129,951.49Calendar Year 2015 475 75900870 322 45,226,888.00922,421.96Fiscal Period 2016 329 63700500 236 9,690,878.00532,184.20 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #2 Tracking Number EDC 2018-74 Building Inspection Report for September 2018 Economic Development Committee – November 6, 2018 N/A N/A N/A Informational None All inspections scheduled in September 2018. D. Weinert Community Development Name Department DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 1DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 1TIME: 15:55:15 CALLS FOR INSPECTION REPORTID: PT4A0000.WOWINSPECTIONS SCHEDULED FROM 09/01/2018 TO 09/30/2018INSPECTOR SCHED. COMP.TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE------------------------------------------------------------------------------------------------------------------------------------BF _____ 040-RMC ROUGH MECHANICAL 20170301 4040 CANNONBALL TR 09/07/2018Comments1: HVAC TRUNK LINES ON 2ND FLOOR UNITS, BRAComments2: HMS CONST CEDARHURSTBF _____ 041-INS INSULATION 09/12/2018Comments1: CEDARHURST, BRAHMS CONST. MEMORY CARE GComments2: REAT ROOM 1ST FLOOR.BF _____ 042-INS INSULATION 09/20/2018Comments1: 11 UNITS ON IST FLOOR SOUTH SIDE CEDARHUComments2: RST, BRAHMS CONST. 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FINAL PLUMB FORComments3: FINISH BASEMENT IN AUTUMN CREEK SHOULDComments4: IMMEDIATELY FOLLOW. DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 19DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 19TIME: 15:55:15 CALLS FOR INSPECTION REPORTID: PT4A0000.WOWINSPECTIONS SCHEDULED FROM 09/01/2018 TO 09/30/2018INSPECTOR SCHED. COMP.TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE------------------------------------------------------------------------------------------------------------------------------------BC 14:30 006-FIN FINAL INSPECTION 09/19/2018BC _____ 001-PPS PRE-POUR, SLAB ON GRADE 20180680 4569 MARQUETTE ST 1252 09/06/2018BC _____ 001-ROF ROOF UNDERLAYMENT ICE & W 20180684 705 STATE ST 09/10/2018BF _____ 002-FOU FOUNDATION 20180701 742 KENTSHIRE DR 116 09/05/2018Comments1: WIN COMEXBF _____ 003-BKF BACKFILL 09/11/2018Comments1: WIN COMEXPBF _____ 004-ESW ENGINEERING - SEWER / WAT 09/17/2018Comments1: WIN VERUNAPBF _____ 005-PLU PLUMBING - UNDERSLAB 09/25/2018Comments1: WIN RICH PROVIDE PROPER RADON PIPINGPBF _____ 006-REI REINSPECTION 09/27/2018Comments1: WIN RICH PLUMBING UNDERGROUNDPBF _____ 004-ESW ENGINEERING - SEWER / WAT 20180704 1211 PATRICK CT 17 09/07/2018Comments1: BBW, MCCUEPBF _____ 005-PLU PLUMBING - UNDERSLAB 09/20/2018Comments1: BBW MCCUE--PROVIDE PROPER PIPING FOR RADComments2: ONBC _____ 001-PHD POST HOLE - DECK 20180714 721 GREENFIELD TURN 67 09/11/2018BC _____ 001-PHF POST HOLE - FENCE 20180717 702 GREENFIELD TURN 99 09/04/2018BC _____ 001-PHF POST HOLE - FENCE 20180718 568 WINDETT RIDGE RD 168 09/28/2018BF _____ 001-FTG FOOTING 20180720 2843 KETCHUM CT 219 09/19/2018Comments1: GR MIDWESTPBF _____ 002-WAT WATER 09/19/2018Comments1: GR WINNINGERBF _____ 003-FOU FOUNDATION 09/21/2018Comments1: GR MIDWESTBF _____ 004-BKF BACKFILL 09/25/2018Comments1: GR MIDWESTPBF _____ 004-PLU PLUMBING - UNDERSLAB 20180724 826 ALEXANDRA LN 33 09/06/2018Comments1: HEARTLAND MEADOWS , MARKER DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 20DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 20TIME: 15:55:15 CALLS FOR INSPECTION REPORTID: PT4A0000.WOWINSPECTIONS SCHEDULED FROM 09/01/2018 TO 09/30/2018INSPECTOR SCHED. COMP.TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE------------------------------------------------------------------------------------------------------------------------------------BC _____ 005-UGE UNDERGROUND ELECTRIC 09/10/2018BC _____ 006-RMC ROUGH MECHANICAL 09/10/2018Comments1: UNDER SLABPBF _____ 007-PLU PLUMBING - UNDERSLAB 09/18/2018Comments1: HMD MARKER, ADDITIONAL UNDERSLAB FOR H20Comments2: LINESBF _____ 008-PPS PRE-POUR, SLAB ON GRADE 09/19/2018Comments1: HEARTLAND MEADOWS SOPRISBC _____ 001-PHD POST HOLE - DECK 20180729 1973 MEADOWLARK LN 121 09/05/2018BC _____ AM 001-TRN TRENCH - (GAS, ELECTRIC, 20180735 202 BURNETT ST 1234 09/12/2018PBF _____ 001-ESW ENGINEERING - SEWER / WAT 20180737 3195 LONGVIEW DR 47 09/05/2018Comments1: CAL WINNINGER, APPROVED AS NOTEDBF _____ 002-FTG FOOTING 09/06/2018Comments1: CAL MIDWESTBF _____ 003-FOU FOUNDATION 09/10/2018Comments1: CAL MIDWESTBF _____ 004-BKF BACKFILL 09/12/2018Comments1: CAL MIDWESTPBF _____ 005-PLU PLUMBING - UNDERSLAB 09/17/2018Comments1: CAL RYANPBF _____ 006-SEW SEWER INSPECTION 09/14/2018Comments1: WINNINGERBF _____ 007-BGS BASEMENT GARAGE STOOPS 09/19/2018Comments1: CAL MIDWESTPBF _____ 001-ESW ENGINEERING - SEWER / WAT 20180738 3101 LAUREN DR 93 09/26/2018Comments1: CAL WINNINGERBF _____ 002-FTG FOOTING 09/26/2018Comments1: CAL MIDWESTBF _____ 003-FOU FOUNDATION 09/28/2018Comments1: CAL MIDWESTBF _____ 001-FTG FOOTING 20180739 2846 KETCHUM CT 211 09/19/2018Comments1: GR MIDWEST DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 21DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 21TIME: 15:55:15 CALLS FOR INSPECTION REPORTID: PT4A0000.WOWINSPECTIONS SCHEDULED FROM 09/01/2018 TO 09/30/2018INSPECTOR SCHED. COMP.TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE------------------------------------------------------------------------------------------------------------------------------------PBF _____ 002-WAT WATER 09/19/2018Comments1: GR WINNINGERBF _____ 003-FOU FOUNDATION 09/24/2018Comments1: GR RYANBF _____ 004-BKF BACKFILL 09/25/2018Comments1: GR MIDWESTBC _____ 001-FIN FINAL INSPECTION 20180740 4504 MARQUETTE ST 1224 09/04/2018PBF _____ 001-PLR PLUMBING - ROUGH 20180742 2934 OLD GLORY DR 268 09/11/2018Comments1: GRANDE RESERVE, KITCHEN REMODELBC _____ AM 002-RFR ROUGH FRAMING 09/11/2018BC _____ AM 003-REL ROUGH ELECTRICAL 09/11/2018BF _____ 001-FTG FOOTING 20180744 510 WINDETT RIDGE RD 173 09/18/2018Comments1: WIN COMEXBF _____ 002-FOU FOUNDATION 09/20/2018Comments1: WIN COMEXBF _____ 003-BKF BACKFILL 09/25/2018Comments1: WIN COMEXBF _____ 001-FTG FOOTING 20180746 732 KENTSHIRE DR 117 09/18/2018Comments1: WIN COMEXBC _____ 002-FOU FOUNDATION 09/25/2018Comments1: WIN COMEXBF _____ 003-BKF BACKFILL 09/27/2018Comments1: WIN COMEXBC _____ 001-PPS PRE-POUR, SLAB ON GRADE 20180753 932 S CARLY CIR 101 09/18/2018BF _____ 003-FOU FOUNDATION 20180754 828 ALEXANDRA LN 34 09/05/2018Comments1: HEARTLAND MDWS, SOPRISBC _____ 004-BKF BACKFILL 09/12/2018PBF _____ 005-RAD RADON 09/20/2018Comments1: RADON VENT PARTIAL , HMD MARKERBF _____ 006-PPS PRE-POUR, SLAB ON GRADE 09/21/2018Comments1: HEARTLAND MEADOW, MARKER--CRAWL SPACE DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 22DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 22TIME: 15:55:15 CALLS FOR INSPECTION REPORTID: PT4A0000.WOWINSPECTIONS SCHEDULED FROM 09/01/2018 TO 09/30/2018INSPECTOR SCHED. COMP.TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE------------------------------------------------------------------------------------------------------------------------------------BC _____ 001-PPS PRE-POUR, SLAB ON GRADE 20180755 996 S CARLY CIR 111 09/04/2018BC _____ 001-PPS PRE-POUR, SLAB ON GRADE 20180756 1163 CODY CT 9 09/28/2018BC _____ PM 002-RFR ROUGH FRAMING 20180767 1845 ASTER DR 95 09/25/2018BF _____ 001-FTG FOOTING 20180771 2688 MCLELLAN BLVD 52 09/17/2018Comments1: GR COXBF _____ 002-FOU FOUNDATION 09/18/2018Comments1: GR COXBF _____ 003-BKF BACKFILL 09/25/2018Comments1: GR COXPBF _____ 004-WAT WATER 09/25/2018Comments1: GR VERUNABF _____ 001-FTG FOOTING 20180772 2602 MCLELLAN BLVD 61 09/17/2018Comments1: GR COXBF _____ 002-FOU FOUNDATION 09/19/2018Comments1: GR COXBF _____ 003-BKF BACKFILL 09/25/2018Comments1: GR COXPBF _____ 004-WAT WATER 09/25/2018Comments1: GR VERUNABF _____ 001-FTG FOOTING 20180774 2639 BURR ST 82 09/18/2018Comments1: GR COXBF _____ 002-FOU FOUNDATION 09/26/2018Comments1: GR COXBC _____ 001-PPS PRE-POUR, SLAB ON GRADE 20180775 837 PRAIRIE CROSSING DR 175 09/20/2018BC 11:00 001-PHF POST HOLE - FENCE 20180780 1189 WALSH DR 125 09/19/2018BC _____ 001-PHF POST HOLE - FENCE 20180781 514 POWERS CT 09/14/2018PR _____ 001-BND POOL BONDING 20180782 478 HONEYSUCKLE LN 160 09/21/2018BC _____ 001-PHF POST HOLE - FENCE 20180783 808 CAULFIELD PT 111 09/17/2018BC _____ 001-PPS PRE-POUR, SLAB ON GRADE 20180784 2311 PRAIRIE GRASS LN 298 09/27/2018 DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 23DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 23TIME: 15:55:15 CALLS FOR INSPECTION REPORTID: PT4A0000.WOWINSPECTIONS SCHEDULED FROM 09/01/2018 TO 09/30/2018INSPECTOR SCHED. COMP.TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE------------------------------------------------------------------------------------------------------------------------------------BC _____ 001-PHF POST HOLE - FENCE 20180785 3176 MATLOCK DR 665 09/26/2018Comments1: CANCELBC _____ 002-PHF POST HOLE - FENCE 10/01/2018BF _____ 001-FTG FOOTING 20180786 2838 KETCHUM DR 213 09/12/2018Comments1: GR MIDWESTPBF _____ 002-WAT WATER 09/12/2018Comments1: GR WINNINGERBF _____ 003-FOU FOUNDATION 09/13/2018Comments1: MIDWEST GRPBF _____ 004-PLU PLUMBING - UNDERSLAB 09/25/2018Comments1: GR RYANBF _____ 005-BKF BACKFILL 09/24/2018Comments1: GR MIDWESTBF _____ 006-BGS BASEMENT GARAGE STOOPS 09/26/2018Comments1: GR MIDWESTPBF _____ 001-ESW ENGINEERING - SEWER / WAT 20180787 3148 BOOMBAH BLVD 128 09/26/2018Comments1: CAL WINNINGERBF _____ 002-FTG FOOTING 09/26/2018Comments1: CAL MIDWESTBF _____ 003-FOU FOUNDATION 09/27/2018Comments1: CAL MIDWESTBC _____ 001-ROF ROOF UNDERLAYMENT ICE & W 20180788 807 MORGAN ST 09/05/2018BC _____ 001-PHD POST HOLE - DECK 20180790 1082 GRACE DR 96 09/17/2018Comments1: HOLES NOT OF SUFFICIENT DEPTH. MINIMUM OComments2: F 42" REQUIRED.BC _____ 002-REI REINSPECTION 09/18/2018BC _____ 003-RFR ROUGH FRAMING 09/25/2018BF _____ 001-FTG FOOTING 20180793 2825 SHERIDAN CT 207 09/12/2018Comments1: GR MIDWESTPBF _____ 002-WAT WATER 09/12/2018Comments1: GR WINNINGER DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 24DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 24TIME: 15:55:15 CALLS FOR INSPECTION REPORTID: PT4A0000.WOWINSPECTIONS SCHEDULED FROM 09/01/2018 TO 09/30/2018INSPECTOR SCHED. COMP.TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE------------------------------------------------------------------------------------------------------------------------------------BF _____ 003-FOU FOUNDATION 09/14/2018Comments1: GR MIDWESTPBF _____ 004-PLU PLUMBING - UNDERSLAB 09/25/2018Comments1: GR RYANBF _____ 005-BKF BACKFILL 09/24/2018Comments1: GR MIDWESTBF _____ 006-BGS BASEMENT GARAGE STOOPS 09/26/2018Comments1: GR MIDWESTBF _____ 001-FTG FOOTING 20180794 978 S CARLY CIR 107 09/24/2018Comments1: BBW - MCCUE CONCRETE AT 10:30, NORWOOD CComments2: ONCRETEBF _____ AM 002-FOU FOUNDATION 09/27/2018Comments1: BBW - NORWOOD CONCRETE, CONCRETE AT 10:3Comments2: 0BC _____ 001-PHF POST HOLE - FENCE 20180799 961 HOMESTEAD DR 118 09/13/2018BC _____ 001-ROF ROOF UNDERLAYMENT ICE & W 20180801 307 KING ST 09/10/2018BC _____ 001-PHD POST HOLE - DECK 20180802 996 S CARLY CIR 111 09/19/2018BC _____ 001-ROF ROOF UNDERLAYMENT ICE & W 20180803 1314 EVERGREEN LN 138 09/12/2018BC _____ 002-FIN FINAL INSPECTION 09/18/2018BC 09:30 001-ROF ROOF UNDERLAYMENT ICE & W 20180807 461 WALSH DR 09/18/2018BC 11:15 001-ROF ROOF UNDERLAYMENT ICE & W 20180808 659 WHITE OAK WAY 09/21/2018BC _____ 001-PHF POST HOLE - FENCE 20180810 2051 RAINTREE RD 69 09/20/2018BC _____ 001-ROF ROOF UNDERLAYMENT ICE & W 20180813 1309 WILLOW WAY 09/19/2018BC 12:30 001-PHF POST HOLE - FENCE 20180829 311 SUTTON ST 195 09/26/2018BC _____ 001-ROF ROOF UNDERLAYMENT ICE & W 20180832 2564 OVERLOOK CT 17 09/24/2018Comments1: NOT READYBC _____ 002-ROF ROOF UNDERLAYMENT ICE & W 09/27/2018BC 10:00 001-ROF ROOF UNDERLAYMENT ICE & W 20180834 511 W DOLPH ST 09/28/2018 DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 25DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 25TIME: 15:55:15 CALLS FOR INSPECTION REPORTID: PT4A0000.WOWINSPECTIONS SCHEDULED FROM 09/01/2018 TO 09/30/2018INSPECTOR SCHED. COMP.TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE------------------------------------------------------------------------------------------------------------------------------------PERMIT TYPE SUMMARY: ADD ADDITION 9AGP ABOVE-GROUND POOL 2BIP BUILD INCENTIVE PROGRAM SFD 2BSM BASEMENT REMODEL 7CCO COMMERCIAL OCCUPANCY PERMIT 1COM COMMERCIAL BUILDING 9CRM COMMERCIAL REMODEL 4DCK DECK 9FNC FENCE 10PTO PATIO / PAVERS 7REM REMODEL 6ROF ROOFING 12SFA SINGLE-FAMILY ATTACHED 26SFD SINGLE-FAMILY DETACHED 324SGN SIGN 1SHD SHED/ACCESSORY BUILDING 1WIN WINDOW REPLACEMENT 3INSPECTION SUMMARY: BGS BASEMENT GARAGE STOOPS 10BKF BACKFILL 17BND POOL BONDING 1BSM BASEMENT FLOOR 4EFL ENGINEERING - FINAL INSPECTION 20ELS ELECTRIC SERVICE 1EPW ENGINEERING- PUBLIC WALK 1ESW ENGINEERING - SEWER / WATER 6FFD BKFD FINAL INSPECTION 1FIN FINAL INSPECTION 33FOU FOUNDATION 25FTG FOOTING 29GAR GARAGE FLOOR 4INS INSULATION 17PHD POST HOLE - DECK 12PHF POST HOLE - FENCE 10PLF PLUMBING - FINAL OSR READY 25PLR PLUMBING - ROUGH 30PLU PLUMBING - UNDERSLAB 17PPS PRE-POUR, SLAB ON GRADE 14PWK PRIVATE WALKS 2RAD RADON 1REI REINSPECTION 6REL ROUGH ELECTRICAL 33RFR ROUGH FRAMING 24RMC ROUGH MECHANICAL 26ROF ROOF UNDERLAYMENT ICE & WATER 10RST FIRE OR DRAFT STOPPING 1SEW SEWER INSPECTION 3 DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 26DATE: 10/02/2018 UNITED CITY OF YORKVILLE PAGE: 26TIME: 15:55:15 CALLS FOR INSPECTION REPORTID: PT4A0000.WOWINSPECTIONS SCHEDULED FROM 09/01/2018 TO 09/30/2018INSPECTOR SCHED. COMP.TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE------------------------------------------------------------------------------------------------------------------------------------STP STOOP 18SUM SUMP 3TRN TRENCH - (GAS, ELECTRIC, ETC) 1UGE UNDERGROUND ELECTRIC 2WAT WATER 6WKS PUBLIC & SERVICE WALKS 20INSPECTOR SUMMARY: BC BOB CREADEUR 127BF B&F INSPECTOR CODE SERVICE 183MT MICHAEL TORRENCE 1PBF BF PLUMBING INSPECTOR 96PR PETER RATOS 5TK TOM KONEN 21STATUS SUMMARY: A BF 4A PBF 2C BC 22C BF 18C MT 1C PBF 29C PR 2C TK 19I BC 105I BF 161I PBF 65I PR 3I TK 2REPORT SUMMARY: 433 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #3 Tracking Number EDC 2018-75 Property Maintenance Report for September 2018 Economic Development Committee – November 6, 2018 Informational None Pete Ratos Community Development Name Department Page | 1 Property Maintenance Report September 2018 Adjudication: 10 Property Maintenance Case heard in September 9/5/2018 N 3334 902 Canyon Tr Weeds Dismissed N 3335 708 S Main St Rubbish & Garbage Dismissed N 3336 206 Heustis St Exterior Structure Dismissed N 3337 206 Heustis St Weeds Continued N 3338 206 Heustis St Weeds Dismissed 9/17/2018 N 3339 Lot 2 Fountain Village Weeds Dismissed N 3340 221 B Hillcrest Ave Home Occupation Liable $200 N 3341 1508 N Bridge St Weeds Liable $300 N 3342 Countryside Center Pkwy Weeds Dismissed N 3343 Countryside Center Pkwy Weeds Interfere Pub Walk Dismissed Memorandum To: Economic Development Committee From: Pete Ratos, Code Official CC: Bart Olson, Krysti Barksdale-Noble, Lisa Pickering Date: September 27, 2018 Subject: September Property Maintenance Case # Case Date TYPE OF VIOLATIONSTATUS VIOLATION LETTER SENTFOLLOW UP STATUSCITATION ISSUEDDATE OF HEARINGPOSTED20180373 9/27/2018 ADULT DAY CARETO BE INSPECTED20180372 9/24/2018 Grass, Weeds CLOSEDCOMPLIANT9/24/201820180371 9/24/2018 Grass, Weeds CLOSEDCOMPLIANT9/24/201820180370 9/24/2018 Grass, Weeds IN VIOLATION9/24/201820180369 9/24/2018 Grass, Weeds IN VIOLATION9/24/201820180368 9/24/2018 Grass, Weeds CLOSEDCOMPLIANT9/24/201820180367 9/24/2018 Grass, Weeds CLOSEDCOMPLIANT9/24/201820180366 9/24/2018 Grass, Weeds IN VIOLATION9/24/201820180365 9/24/2018 Grass, Weeds IN VIOLATION9/24/201820180364 9/21/2018 WEEDS, GRASS REPEAT COMPLAINT20180363 9/19/2018 Grass, Weeds IN VIOLATION9/19/201820180362 9/19/2018 Grass, Weeds CLOSEDCOMPLIANT9/19/201820180361 9/19/2018 Grass, Weeds IN VIOLATION9/19/201820180360 9/19/2018 Grass, Weeds CLOSEDCOMPLIANT9/18/201820180359 9/19/2018 Grass, Weeds CLOSEDCOMPLIANT9/18/201820180358 9/19/2018 Grass, Weeds IN VIOLATION 9/20/201820180357 9/19/2018 LAWN DAMAGE CLOSED20180356 9/19/2018 TRUCK BED ON FRONT LAWNIN VIOLATION 9/20/201820180355 9/19/2018 WEEDS, GRASS PENDING20180354 9/19/2018 WEEDS, GRASS PENDING20180353 9/18/2018 Grass, Weeds CLOSEDCOMPLIANT9/17/201820180352 9/18/2018 Grass, Weeds CLOSEDCOMPLIANT9/17/201820180351 9/17/2018 WEEDS, GRASS CLOSEDCOMPLIANT9/17/201820180350 9/17/2018 NOXIOUS ODOR COMING FROM GREEN ORGANICSREPEAT COMPLAINT20180349 9/13/2018 Grass, Weeds IN VIOLATION9/13/201820180348 9/13/2018 Grass, Weeds IN VIOLATION9/13/201820180347 9/13/2018 Grass, Weeds IN VIOLATION9/13/201820180346 9/13/2018 Grass, Weeds IN VIOLATION9/13/201820180345 9/13/2018 Utility trailer in yardIN VIOLATION 9/14/2018Case Report09/01/2018 - 09/30/2018ADDRESS OF COMPLAINT424 WINTERBERRY 1956 Meadowlark801 Greenfield 1972 Meadowlark1962 Meadowlark1969 Meadowlark 604 Greenfield 2782 Goldenrod512 Redbud Dr.424 E BARBERRY CIR1152 Kate Dr.1142 Kate Dr.1092 Kate Dr.1905 Banbury Ln2066 Kingsmill 424 E Barberry 2551 FAIRFAX 1604 CYPRESS LN998 S CARLY CIR996 S CARLY CIR2201 Fairfield 2211 Fairfield FAIRFAX & 0208100006928 N. Carly Cir.938 Purcell St.947 N. Carly 906 N. Carly 884 Western LnPage: 1 of 2 20180344 9/12/2018 Commencing work without permitCLOSEDCOMPLIANT20180343 9/13/2018 WEEDS, GRASS CLOSEDCOMPLIANT9/14/201820180342 9/13/2018 WEEDS, GRASS COMPLIANTPENDING20180341 9/7/2018 Grass, Weeds CLOSEDCOMPLIANT9/7/201820180340 9/7/2018 Grass, Weeds CLOSEDCOMPLIANT9/7/201820180339 9/7/2018 Grass, Weeds IN VIOLATION9/7/201820180338 9/7/2018 Grass, Weeds CLOSEDCOMPLIANT9/7/201820180337 9/6/2018 Grass, Weeds CLOSEDCOMPLIANT9/6/201820180336 9/6/2018 Grass, Weeds CLOSEDCOMPLIANT9/6/201820180335 9/5/2018 Drainage CLOSED20180334 9/5/2018 Brush/trees encroachingCLOSED20180333 9/5/2018 Working without a permitCLOSED 9/5/2018COMPLIANT20180332 9/4/2018 WATER METERIN VIOLATION 8/29/2018 10/1/201820180331 9/4/2018 WATER METERIN VIOLATION 8/29/2018 10/1/201820180330 9/4/2018 WATER METERIN VIOLATION 8/29/2018 10/1/201820180329 9/4/2018 WATER METERIN VIOLATION 8/29/2018 10/1/201820180328 9/4/2018 WATER METERIN VIOLATION 8/29/2018 10/1/201820180327 9/4/2018 WATER METERIN VIOLATION 8/29/2018 10/1/201820180326 9/4/2018 WATER METERIN VIOLATION 8/29/2018 10/1/201820180325 9/4/2018 Grass, Weeds COMPLIANT20180324 9/4/2018 Open burningCLOSED1207 Willow Way517 CHESHIRE 966 N CARLY CIR 428 Poplar Dr.212 Windham 706 Heustis St.607 Heustis St.407 W. Ridge St.1159 Grace Dr.807 Morgan St.308 N. Bridge907 Morgan St.108 101 APPLETREE 206 RIVER ST108 COLONIAL 305 WALTER STTotal Records: 5010/2/2018404 W 510 W 401 Honeysuckle203 Morgan St.Page: 2 of 2 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #4 Tracking Number EDC 2018-76 Economic Development Report for October 2018 Economic Development Committee – November 6, 2018 N/A See attached. Bart Olson Administration Name Department 651 Prairie Pointe Drive, Suite 102 Yorkville, Illinois 60560 Phone 630-553-0843 FAX 630-553-0889 Monthly Report – for November 2018 EDC Meeting of the United City of Yorkville October 2018 Activity Downtown Redevelopment: - Worked with a variety of land and building owners to discuss potential development and redevelopment opportunities. - Met with Jeff Muellner to discuss the future of his “hill property” along Route 47. - Worked with a variety of businesses looking at Yorkville’s downtown for their new home. Development south of Fox River: - Continue working with Eleno Silva on banquet center. Eleno has begun exterior construction in Stagecoach Crossing. He is focusing on opening in spring of 2019. - There are big new changes in the plans for the Fountain Village Shopping Center at Route 47 & 71. New owners are in place. It is the group that owns and operates “Roadhouse Country Bar & Grill”. They will be expanding this business into the former Premier Mortgage space. - Working with “JB’s Pizza and Grill’ which will be owned by local resident Jenna Bartholomew looking to open a pizza restaurant in Fountain Village Center. - “D Constriction” will also be occupying space in Fountain Village during the two year Route 71 improvements. There will only be one space available in Fountain Village within the next few months. - Working with a national restaurant (in line) interested in Fountain Village. Development north of the Fox River: - Kendall Crossing…Construction of two new buildings will begin the first week of November. Continue to meet with other complementary business for the new 7000 square foot building located directly in front of Lighthouse Academy. Grace Coffee, Wine Bar and Eatery is on target for opening in December. - Kendall Marketplace…Continue to work with specialist consultants from “Bespoke” who have been hired by center owner, Alex Berman, to work through a plan to determine new options and opportunities for the remainder of the project. - Yorkville Marketplace…”Planet Fitness” is coming to Yorkville. They will occupy the former Office Max building. That space is approximately 18,000 square feet. The space will undergo a remodel to add locker rooms. The franchisee is planning to open at the beginning of the 2019. They will be setting up an office to sell memberships in the adjoining strip center. Also, working with perspective tenants for both the inline part of the center, and for space in an existing outlot building. The outlot tenant would be a quick casual/fast food type use. - “Arby’s” will begin remodel of the former Hardee’s location on Route 47. Yonas Hagos has slightly altered plans, as he is working on actually purchasing this building. Once closing has taken place, construction documents will be completed and re- development should begin in the winter. They are aiming for a late spring 2019 opening. There will be approximately 30 new jobs created. Yonas currently owns 16 Dunkin Donuts (7 o f which are Dunkin/Baskin Robbin combos) and has another 2 under construction. Yonas also has one Pet Supply Plus and has 3 more under construction. This will be his first Arby’s. - “Salerno’s Red Hots” will open in the small “A” frame building near the northeast corner of Route 34 & 47. Industrial Development: - Continue working with small industrial user to locate in Yorkville. This business owner is a resident, and currently operates in a surrounding community. The project is being reconfigured to meet the needs of potential users and to be built in phases. Recreation: - Go for it Sports…continue working with the center. “Go For It Sports” will be hosting both the United States and New Zealand Women’s Rugby teams at the complex for a special clinic. This is quite an honor for our community and “Go For It Sports”. Other Activity: - Attended quarterly SBA meeting to represent our community needs and stay up to date on these important programs . - Attended the regular KEDA Meeting which was held in Oswego. We discussed issues facing the region. Respectfully submitted, Lynn Dubajic 651 Prairie Pointe Drive, Suite 102 Yorkville, IL 60560 lynn@dlkllc.com 630-209-7151 cell Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #5 Tracking Number EDC 2018-77 Heartland Subdivison – PUD Amendment for Side Yard Setback Economic Development Committee – November 6, 2018 Jason Engberg Community Development Name Department 1 BACKGROUND & REQUEST: The petitioner, Marker Inc., is requesting an amendment to the Heartland Subdivision Planned Unit Development to reduce the interior side yard setback from twenty (20) feet to ten (10) feet on Lot 187 of the subdivision. Additionally, the petitioner is requesting to increase the maximum allowable height of a permitted fence in a business district from six (6) feet to eight (8) feet. This memorandum explains the existing conditions of the site, the request being made, and staff’s recommendations regarding the request. EXISTING CONDITIONS: Location Lot 187 of the Heartland Subdivision is located at the southwest corner of McHugh Road and US Route 34 (Veterans Parkway). While the property is closest to the Heartland Center Commercial Development, this parcel was included for commercial use as part of the Heartland subdivision. Therefore, the language and agreements in the Heartland Subdivision Annexation Agreement apply to this property. Memorandum To: Economic Development Committee From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: October 28, 2018 Subject: PZC 2018-18 Heartland 3rd PUD Amendment 2 Zoning & Land Uses The subject property is currently zoned B-3 General Business District. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North B-3 General Business District US 34/Undeveloped Land South R-3 Kendall County McHugh Rd/Unincorporated Residential East B-3 General Business District McHugh Rd/Heartland Center West B-3 General Business District Casey’s Gas Station and Convenience Store Annexation & PUD Agreement: The petitioner is requesting to amend Ordinance 1999-30 (Approving Annexation and PUD). This will be the 3rd amendment to the annexation agreement as Ordinance 2001-44 and Ordinance 2005-05 were the first and second amendments, respectively. Since the Annexation Agreement and the PUD Agreement are a single document, the request will have to go through a public hearing process and be reviewed by the Planning and Zoning Commission as a PUD Agreement Amendment. PETITIONER REQUEST: The petitioner submitted their application for a Planned Unit Development (PUD) amendment on August 22, 2018. Their application states that they would like to reduce the interior side yard setback (located on the west side of the property) from twenty (20) feet to ten (10) feet. The submitted conceptual site plan for this property is illustrated in the exhibit to the right. The petitioner also requested permission to either reduce the median within McHugh Road near the subject property to make it a mountable median or request the City remove the median from the property to the south terminus of the median. The petitioner states that the current median creates unnecessary and additional traffic going through adjacent properties for vehicles performing a north traffic movement to Route 34. Staff reviewed the initial requests with the petitioner at a Plan Council Meeting on September 27, 2018. Staff provided our comments and concerns about the requests which will be covered in detail within this memorandum. Several weeks after the Plan Council meeting, the petitioner asked to also include a request to increase the maximum height of an interior side yard fence to eight (8) feet. Table 10.17.02 in Chapter 17 of the City’s Zoning Ordinance states, a fence in a business district may be a maximum of six (6) feet. Staff has included this request in the public hearing notice for the petitioner’s scheduled hearing on November 14, 2018. It should be noted that this request was not reviewed at the Plan Council meeting. 3 STAFF REVIEW: Yard Comparison The graphics below illustrate the difference between the buildable areas with the existing setbacks and the proposed setbacks. EXISTING SETBACKS PROPOSED SETBACKS 4 Bulk Regulations The following table describes the bulk regulations in the B-3 Zoning District in relation to the submitted conceptual site plan: B-3 Required Proposed/Notes Maximum Height 80’ or 6 stories Concept Plan does not show overall height Maximum Lot Coverage 80% Concept Plan does not show calculated lot coverage Front Yard Setback 50’ Ord. 1999-30 established a Front Yard Setback of 30’ The Concept plan does not show this distance Side Yard Setback 20’ This is being proposed to be reduced to 10’ The Concept plan does not show this distance Corner Side Yard Setback 30’ The Concept plan does not show this distance Rear Yard Setback 20’ The Concept plan does not show this distance Staff is requesting the petitioner to submit a revised site plan which details all required bulk regulations to ensure compliance with the City’s Zoning Ordinance. A visual or 3D graphic showing how the structure will look adjacent to other developments is also being requested. Parking The Concept Plan indicates that there are a total of 14 parking spaces including an ADA parking space. Section 10-16-3-F of the City’s Zoning Ordinance states that general retail shall provide 3 parking spaces per 1,000 square feet of floor area and office uses shall provide 2 parking spaces per 1,000 square feet of floor area. The Concept Plan indicates that the building will have a floor area of 1,855 square feet. A total of 6 parking spots are required for a single story building of this size. The petitioner must indicate the number of stories for the proposed structure. A two story building of this size would still meet parking standards, however a three story building will not meet parking requirements. Lighting A photometric plan indicating that the maximum illumination at the property line shall not exceed 0.1 foot-candle and no glare shall spill onto adjacent properties or rights of way must be provided by the petitioner. Median Reduction or Removal At the Plan Council meeting, City staff and the City’s engineering consultant informed the petitioner that neither would support the removal or reduction of the median on McHugh Road. The amount of nearby ingress and egress points along McHugh Road and the turn lanes from McHugh Road onto US Route 34 make the median necessary for safety purposes. Once the petitioner was made aware of the safety concerns and the City’s opposition to the request, the petitioner has decided not to move forward with the request being put into the PUD amendment request. Fencing The petitioner is requesting to increase the height of an interior side yard fence on the west side of the property to eight (8) feet. The petitioner has not provided any details as to why they need to increase the overall height and therefore staff is not supportive approval of this request. If the petitioner provides information regarding any hardships the property creates and the need for additional screening height, then staff will review the details and may possibly change their recommendation. Further, it is staff’s recommendation to have the parking lot of this proposed development and the adjacent gas station development connect for cross access to allow ease of vehicular circulation on such an oddly shaped lot and provide the necessarily secondary ingress and egress points for emergency vehicles. 5 Comprehensive Plan The 2016 Comprehensive Plan designates the future land use for this property as Mid-Density Residential. The purpose behind this designation was to acknowledge the existing residential apartment complex adjacent to this property. The apartment complex has been removed and replaced with the Casey’s General Store. The Comprehensive Plan shows adjacent properties are designated for neighborhood retail and commercial development along Route 34 is of high priority within the plan. The proposed office use is not consistent with the designated future land use in the Comprehensive Plan and is not a neighborhood retail use. Vehicle Access & Circulation After reviewing the submitted conceptual site plan, staff is concerned about the potential access and circulation of vehicle traffic at this location. The only access point is located along McHugh Road and will be a “right-in, right-out” intersection. The petitioner stated that they may be able to widen the access drive and add a median to accommodate larger vehicles, such as fire trucks, to ensure there is no backup in case of emergency. While this may help alleviate some concerns, staff is recommending that the site provide a connection to the adjacent property to the west, Casey’s General Store, to ensure that access can be obtained from US Route 34 and McHugh Road. Additionally, the City’s engineering consultant noted the access point may be too close to the existing US Route 34 intersection and will need to verify that it meets all City standards for location of an access driveway as part of the final engineering review. STAFF COMMENTS: Staff is seeking comments from the Economic Development Committee on this subject. This request is tentatively scheduled to for a public hearing before the Planning and Zoning Commission at the November 14, 2018 meeting for formal recommendation. This item is being brought to the Economic Development Committee for review but the public hearing may be postponed until all of the comments in this memorandum and feedback from the committee has been addressed by the petitioner. ATTACHMENTS: 1. Petitioner Application 2. EEI September 25, 2018 Review Memo Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #6 Tracking Number EDC 2018-78 Mobile Food Truck and Retail Vendor Units Ordinance Economic Development Committee – November 6, 2018 Discussion and feedback. Discussion of proposed regulations regarding food trucks in Yorkville. Krysti Barksdale-Noble, AICP Community Development Name Department Background/Proposed Request Since the adoption of the updated Comprehensive Plan in 2016, staff has explored various policy options to implement the plan’s stated goals of “enhancing the visual appearance, pedestrian environment and functionality of the downtown” and “strengthen and promote Downtown Yorkville as the community’s primary mixed-use shopping district”. This has led to the recent adoption of the sidewalk and parklet café ordinance approved in 2017, the work-in-progress of the Downtown Streetscape Master Plan Overlay District with Form-Based Code, and now a proposal for regulations encouraging mobile food trucks and retail vendor units. A recent article in Zoning Practice, a publication by the American Planning Association titled “Food Truck Feeding Frenzy: Making Sense if Mobile Food Vending” (Arroyo and Bahm, 2013), explained research conducted in 2012 for the National Restaurant Association projected the “…growth of mobile food trucks to soar in the next five years, generating up to $2.7 billion in revenue nationally by 2017 – up from $650 million in 2012.” This does not include the increasingly popular business venture of offering non-food retail goods and services via a mobile unit (i.e. salon services, clothing/apparel, pet grooming and even healthcare services). The article went on to say, communities are faced with being unprepared for these mobile self-contained commercial enterprises due to outdated ordinances which may only regulate push food carts or ice cream trucks. This results in mobile food vendors running into road blocks when seeking permits from communities that without the proper ordinance, intentionally or intentionally, prohibit mobile food vending. While the City currently regulates Mobile Food Vendors under the Title 3: Business and License Regulations of the City Code, specific standards for operation of mobile food trucks within a public right-of-way versus on private property is not adequately addressed. Neither are the ancillary conveniences associated with such uses as exterior lighting, outdoor seating and refuse collection. Therefore, staff is seeking feedback on the proposed regulations and standards established in the attached draft text amendment to the City’s Zoning Code on the operation of mobile food and retail vendor units, on public and private property, as well as a proposed amendment to the City’s Business and License Regulations. Both proposed changes to the respective sections of the City Code are intended to recognize the opportunity for unique outdoor portable fare and added convenience to persons living and working in Yorkville, yet still protecting the health, safety and welfare of the public. Summary of Proposed Changes The changes proposed to both the business license regulations and the Zoning Code address three (3) areas of mobile food vending: street vending, private property vending and truck rally vending. Below is a general overview of how each are addressed in the proposed revisions. Business License Regulations Street vending for mobile food units is still permitted and no significant changes are proposed with regards to certificates of registration. Licenses will be issued to each mobile food vendor driver and/or operator on located on public property. The $200 application fee covers the first mobile unit Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Jason Engberg, Senior Planner Date: October 25, 2018 Subject: Mobile Food Truck and Retail Vendor Units and an additional $100 is charged for each additional unit for the same application. There are no application fees for charities, religious, educational or nonprofit organizations. Mobile food vending on private property is a new category in the business licensing section and will also require the applicant to obtain a certificate of registration. The application criterion is the same for operating a mobile food unit on public property, but also requires the property owner’s permission. The application fee for mobile vendors on private property is a nominal $25.00 per application for the first food truck and $10.00 for additional trucks. Again, there is no application fee for charities, religious, educational or nonprofit organizations. Registration is also waived for mobile food vendors and pushcarts for all city sponsored special events. Finally, food truck rallies (operating more than 3 mobile food units) on private or public property will also require a certificate of registration issued to the entity or organization hosting the event. The application fee is $50.00 per event. Zoning Ordinance Regulations The attached proposed draft language to the General Zoning Provisions in the Zoning Ordinance is under the Temporary and Seasonal Uses section. Simply put, the recommended regulations offer a guide to the appropriate location, duration, type and number of mobile units, trash, business hours, parking, licenses/permits and fees required, and other defined site amenities the City deems permissible for operating a mobile food truck and/or retail vendor unit in Yorkville. Draft language is also provided for the regulation of large special events, such as food truck rallies, to ensure all precautions regarding site layout, emergency access and other safety provisions are considered. The following graphics, which are also provided in the draft document, illustrate the acceptable dimensions for mobile food trucks and retail vendor units and their permitted locations when operated within the public right-of-way (below) or on private property (next page), as well as the layout of ancillary seating areas. Area Communities Mobile Food Truck Regulations In staff’s research of mobile food vendors, we reviewed over 30 municipal regulations from communities across the nation. These regulations included standards for zoning and licensing. Below is a comparison table of four (4) area communities that have existing mobile food vending regulations: COMMUNITY STREET VENDING PERMITTED PRIVATE PROPERTY VENDING PERMITTED TRUCK RALLY PERMITTED Oswego Yes $200 per application fee $100 per additional truck Yes $25 per application fee $10 per additional truck Undetermined No specific regulations provided Downers Grove Yes (Limited Locations) $100 annual fee $25 renewal fee Yes (Limited Locations) $100 annual fee $25 renewal fee No Limited to maximum of 10 permits city-wide allowed annually. Maximum of 3 trucks per lot. Elmhurst Yes $50 - $100 annual application fee $25 license fee per unit No Undetermined No specific regulations provided Naperville $100 annual application fee/ $100 per additional truck (outside of downtown) $275 annual application fee/ $50 per additional truck (downtown) Undetermined No specific regulations provided Undetermined No specific regulations provided Maximum of 2 trucks for the downtown. Staff Comments/Next Step Recommendations Based upon the proposed language in the attached draft, staff is seeking direction and input from the Economic Development Committee on mobile food truck and retail vehicle units’ regulations. Staff anticipates having an open discussion with the Economic Development Committee (EDC) on the proposed text and mobile food vendor unit license revisions. We also intend on incorporating all feedback from the EDC into the final draft version of the ordinance prior to a tentative public hearing before the Planning and Zoning Commission at the December 12, 2018 meeting. City Council consideration of both the proposed revisions to the Zoning Code, and the City’s Business and License Regulations, is expected at the January 8th meeting. Attachments: 1. Arroyo, Rodney and Jill Bahm. 2013. “Food Truck Feeding Frenzy: Making Sense of Mobile Food Vending.” Zoning Practice, September. 2. Draft Food Truck amendment to Title 10: Zoning, Chapter 3: General Zoning Provisions, Section 13: Temporary and Seasonal Uses, Article B: Mobile Food Truck and Retail Vendor Unit. 3. Draft amendment to Title 3: Business and License Regulations, Chapter 5: Food and Food Dealers, Article B: Mobile Food Vendor Units. ZONING PRACTICEAMERICAN PLANNING ASSOCIATION205 N. Michigan Ave.Suite 1200Chicago, IL 60601–59271030 15th Street, NWSuite 750 WestWashington, DC 20005–1503ISSUE NUMBER 9 PRACTICE FOOD TRUCKS HOW DOES YOUR COMMUNITY REGULATE FOOD TRUCKS AND OTHER MOBILE VENDORS?9 ZONING PRACTICE SEPTEMBER 2013 AMERICAN PLANNING ASSOCIATION 9 ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION | page 2 Food Truck Feeding Frenzy: Making Sense of Mobile Food Vending By Rodney Arroyo, aicp, and Jill Bahm, aicp According to research done by Emergent for the National Restaurant Association, the growth of mobile food trucks will soar in the next five years, generating up to $2.7 billion in revenue nationally by 2017—up from $650 million in 2012 (Emergent Research 2012). All across the country, cities, small towns, and suburbs are seeing food trucks popping up, some in unex- pected places like office and industrial parks, where zoning ordinances typically preclude res- Recent economic and cultural trends show an explosion in the popularity of food trucks, or mobile vendors, over the past several years. taurants. Amplifying the push for food trucks are the twin trends of “buying local” and “food as entertainment” that are enhanced by pro- grams such as the Great Food Truck Race on the Food Network. While ice cream trucks and job- site lunch wagons haven’t disappeared, they are increasingly being joined by gourmet trucks and trucks specializing in ethnic offerings. All across the United States, people are exploring how mobile food vending might make a difference in their lives and their com- munities. More resources are starting to be- come available for potential business owners. Networks for mobile food vendors are grow- ing; the Southern California Mobile Food Ven- dors Association was formed in 2010 as one of the first associations dedicated to helping vendors break down barriers to business (www.socalmfva.com). And this fall, Roam—a first-ever industry conference for mobile food One of the hallmarks of the current food truck boom is an increased focus on “in-truck” preparation over preparation at a central commissary. Jill Bahm/Clearzoning ASK THE AUTHOR JOIN US ONLINE! About the Authors Rodney Arroyo, aicp, is president of Clearzoning, Inc. He holds a Master of City Planning degree from Georgia Tech and has more than 30 years’ expertise in planning and transportation. His experience includes master plans, zoning ordinances, form-based codes, corridor studies, and access management plans. Arroyo also serves as an expert witness in planning and zoning issues, is a national and state planning award winner, and serves as an adjunct professor for Wayne State University’s graduate urban planning program. Jill Bahm, aicp, is a principal planner with Clearzoning, Inc. She holds a Master of Urban and Regional Planning degree and has worked in both the public and private sectors as a downtown development authority director, city planner, and real estate marketing professional. Bahm’s professional interests include economic development, recreation planning, historic preservation, community participation, and organizational development. Go online during the month of September to participate in our “Ask the Author” forum, an interactive feature of Zoning Practice. Rodney Arroyo, aicp, and Jill Bahm, aicp, will be available to answer questions about this article. Go to the APA website at www.planning.org and follow the links to the Ask the Author section. From there, just submit your questions about the article using the e-mail link. The authors will reply, and Zoning Practice will post the answers cumulatively on the website for the benefit of all subscribers. This feature will be available for selected issues of Zoning Practice at announced times. After each online discussion is closed, the answers will be saved in an online archive available through the APA Zoning Practice web pages. ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION | page 3 suppliers and owners—will take place in Port- land, Oregon. On the worldwide stage, the World Street Food Congress is the first of its kind to connect and open up fresh ideas and thought leadership in the massive and growing street-food culture and industry throughout the world. This 10-day street-food festival was hosted in Singapore in January 2013 and featured well-known leaders in the food industry (www.wsfcongress.com). Faced with inquiries from food vendors, many communities turn to their zoning codes, only to discover that mobile food vending isn’t really defined and may not be permitted in the way vendors might like. With the approach to regulating mobile vending varying widely in communities, it can be hard to know where to begin when considering if and how to accom- modate food trucks. WHAT IS MOBILE FOOD VENDING? Regulatory codes for many communities rec- ognize transient merchants—those goods and services provided by a traveling vendor. The typical ice cream truck would be a good example of a transient merchant who is mobile most of the time, stopping only when requested for a few short minutes. Many operators of today’s food trucks or carts, however, are seeking more than a few minutes on the street, sidewalk, or parking lot, staying in place for a few hours to serve breakfast, lunch, or dinner. In fact, when they are located on private property, some food trucks may be in one location for days, weeks, or even months. It is important to make a dis- tinction between the food vendors that are more transient in nature, like an ice cream truck, and those that seek to move about less frequently. Both types of uses can offer benefits to the com- munity, and they will each have different poten- tial issues to regulate. Many mobile food vendors utilize self-driven vehicles that permit easy reloca- tion throughout the community. However, mobile food vending also includes trailers, food kiosks, and food carts. Food kiosks are temporary stands or booths that are typically intended to sell prepared foods, including ice cream, pretzels, and the like. Food kiosks may be found inside a large office building or shop- ping mall, but may also be secured for outside use. Some communities, like Maui County, Hawaii, allow a variety of products to be sold at a kiosk, provided certain standards are met (§30.08.030). While temporary in structure, food kiosks are often stationary with a defined location. Food carts allow the vendor to sell from outside the moveable unit and are often used to sell fresh fruits and vegetables. Typi- cally, the food in kiosks and carts is prepared elsewhere and kept cold or hot in the unit. The city of New York encourages “green carts” that offer fresh produce in certain areas of the city and has special regulations for these uses (www.nyc.gov/greencarts). In communities across the U.S., mobile food vendors are seeking permits to start these innovative businesses. They often run into road- blocks at city hall, because while many zoning ordinances include provisions for temporary uses, most do not contain current definitions for mobile food vending nor do they include any standards that specifically relate to vending and the issues that may arise. The net result in many communities, intentional or unintentional, is a prohibition on mobile food vending. THE PROS AND CONS OF MOBILE FOOD VENDING Over the past few years, most of the economy has been struggling and the workforce has been challenged to adapt. With laid-off workers try- ing to reinvent themselves and new immigrants looking for opportunities, the number of people starting new businesses is rising. Mobile food vending seems, for some, like a low-cost way to wade into the pool of business ownership. There are a number of reasons why communities may elect to sanction mobile food vending: • It provides an opportunity to increase jobs and businesses. The cost of starting a food truck business can start at $25,000, where a tradition- al bricks-and-mortar establishment may start at $300,000, according to the National Restaurant Association (Emergent Research 2012). • It offers opportunities to provide food choic- es where zoning precludes restaurants. Tradi - tional zoning codes tend to restrict the uses permitted in office and industrial districts, only allowing uses that narrowly meet the intent of those districts. Office and industrial parks, in particular, are often isolated from the rest of the community, requiring employees to drive to retail and restaurant areas. In addition, some communities may not have access to variety of ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION | page 4 healthy, fresh foods, and therefore decide to encourage such food vendors in certain neigh- borhoods by relaxing requirements. New York’s green carts initiative allows additional permits to be issued over the city’s defined limit to mobile food vendors that offer fresh produce in underserved neighborhoods, and Kansas City, Missouri, offers reduced permit fees for mobile food vendors in city parks that meet certain nutritional standards (Parks and Recreation Vending Policy 4.7.08). • It can increase activity in struggling busi- ness districts by creating a dynamic environ- ment where people gather around the avail- ability of new and fresh food. The economy has taken a toll on businesses over the past several years. Those that are hanging on in some areas find that their neighboring buildings or businesses are vacant. Food trucks can be a way to enliven an area, generating traffic for existing businesses and possibly spinning off new business activity. The restaurant industry is evolving to meet the demands of patrons who are looking for locally grown, sustainable, healthy, and fast options for dining. When food trucks use social media to communicate about their location schedules, it can build up a cer- tain level of excitement and anticipation that can make a positive social impact. In addition, the rising trend of “cart pods” and “food truck rallies” brings multiple mobile food vendors to one location, creating a festive atmosphere in an area for a short time. • They signal to other potential businesses that the community is adapting to the evolving economy and supporting entrepreneurship. Mobile food trucks are a new way of doing business; in these early years, communities that anticipate the demand from businesses and consumers may also find that this flexibil- ity signals receptivity to new business models. • They are a way for restaurateurs to test the local market for future bricks-and-mortar facili- ties. Mobile food trucks offer opportunities to interact with a potential market, to test recipes and pricing, and see if the restaurant fits with the community. All across the United States there are examples of food truck businesses evolving into permanent establishments, includ- ing El Camion (“the truck”) in northwest Seattle that has recently opened a restaurant and bar in the Ballard neighborhood after several years of experience with its two mobile food units. Tor- chy’s Tacos in Austin, Texas, started with a food truck and now has eight bricks-and-mortar res- taurants in Austin, Dallas, Fort Worth, and Hous- ton—and two more opening this year. The Lunch Room in Ann Arbor, Michigan, plans to open its bricks-and-mortar location soon, using social media to solicit fans of its existing “Mark’s Carts” to become investors in the restaurant. Along with these potential benefits can come community impacts and possible con- flicts. Some of the challenges associated with went through an extensive research and public input process, surveying their local chamber of commerce and meeting with prospective mobile food vendors, residents groups, and restaurant owners. Their resulting ordinance language responds to the needs and concerns of the community (Longmont 2011). ADDRESSING AREAS OF CONCERN THROUGH ZONING Many communities are up- dating their codes to accom- modate or regulate mobile vending. In June 2012 Grand Rapids, Michigan, included the following statement of intent in a new set of mobile food vend- ing provisions: Employment and small busi- ness growth in the city can occur while providing a broad range of food choices to the public through careful allow- ances for temporary conces- sion sales. The provisions of this section are intended to prevent predatory practices on bricks-and-mortar restaurants while allowing for new food vending opportunities that can add vitality to vacant parking lots and underutilized sites . . . (§5.9.32.K). Other cities, including Phoenix, Arizona (§624.D.87); Chapel Hill, North Carolina (§§10-66–74); and Fort Worth, Texas (§5.406)—just to name a few—adopted regulations in 2012 to allow mobile vending or food trucks. Chapel Hill’s provisions note that allowing food trucks will “promote diversification of the town’s economy and employment opportunities and support the incubation and growth of entrepreneurial/ start-up businesses” but also that food trucks pose “unique regulation challenges.” While specific approaches vary from place to place, communities interested in adding or updating regulations for mobile food vending should start by defining the uses and then consider each of the following questions: • Where in the community should such uses be permitted? • How long should a food truck be permitted to stay in one location?Russ Herschlermobile food trucks might include problems with maintenance, trash, parking, noise, and vehicular and pedestrian circulation. In addi- tion, some restaurateurs may be threatened by this new competition and try to prevent mobile food vending. Food trucks also have their own operational challenges, includ- ing dealing with unpredictable weather and maintaining an appropriate inventory despite limited storage. The best way to understand and manage the pros and cons of food trucks in individual communities is to solicit public input and dialogue about the needs and wants of the community. For example, Longmont, Colorado, Food truck gatherings are increasingly common in communities with extensive food truck offerings. ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION | page 5 • Are these mobile units just for food sales, or can other goods be sold as well? • Does the community want to increase activity? • How can the zoning ordinance address up- keep and maintenance? • When can food trucks operate? • How are visitor parking and circulation ac- commodated? • How are these uses reviewed and permitted? • What do vendors and their customers want or need? • How is signage for the mobile unit regulated? • How is the site lit to ensure safety? Location It is common to allow mobile food vending in commercial districts, but some communities add industrial districts or specify mixed use districts. Start with the community’s comprehen- sive plan—is there a need or desire to increase activities in specific parts of the community? Are there concerns about the impact of single-pur- pose districts (especially office and industrial) on connectivity, traffic congestion, and business In consideration for existing facilities, some communities decide that there should be a minimum distance between mobile units and bricks-and-mortar restaurants. Some communi- ties try to limit the impact on adjacent residen- tial uses through a distance requirement or by restrictions on hours of operation. Planners should test these locational restrictions to ensure that realistic business opportunities exist. El Paso, Texas, repealed its locational requirement of 1,000 feet from bricks-and-mor- tar establishments following a 2011 lawsuit to provide sufficient opportunities for mobile food vendors (Berk and Leib 2012). Attorneys Robert Frommer and Bert Gall argue that separation from other establishments is not necessary and that food truck regulations should be narrowly tailored to legitimate health, safety, and wel- fare concerns, not regulate competition (2012). The American Heart Association has also looked at location issues related to mobile food vending. They report that several commu- nities across the country prohibit mobile food vending within a certain distance of schools (or nity and often is related to where mobile food vending is permitted. Some communities allow food trucks on public property but prohibit overnight parking. Where on-street parking is at a premium, communities may consider allow- ing food trucks to utilize public parking spaces for the same duration as other parked vehicles. Chicago requires food trucks to follow posted meter time restrictions, with no more than two hours in one location. In addition, the city also limits mobile food vending to two hours on private property (§4-8). In contrast, some communities allow food trucks on private property for up to 30 days or more at one location. For example, Grand Rapids allows concession sales for up to 200 consecu- tive days over 12 calendar months (§5.9.32.K.6). Regulations like this may impact vendors in terms of the types of food that can be sold and the manner in which they are prepared, especially when preparation is done on-site. Communities may wish to consider whether the allowed duration is reasonable for food ven- dors as well as adjacent property owners. retention and recruitment? Are there any areas in the community where the population is un- derserved by food choices? Planners can take these concerns to the community and invite residents and business owners to share their thoughts on where mobile food vending might be appropriate and desirable. Some communities make a distinction between vending on public property, which often requires a license but is not regulated by zoning, and private property, which often re- quires a temporary use permit and is regulated by the zoning ordinance. When permitted on private property, zoning standards should re- quire evidence of property owner approval. at school release times) to limit the sometimes nutritionally challenged food choices avail- able (2012). Woodland, California, prohibits mobile food vending within 300 feet of a public or private school, but will allow them on school property when approved by the school (§14-15). It a different twist, the Minneapolis Public School System introduced a food truck program this year to offer free nutritious meals to students during the summer months at four different sites in Minneapolis (Martinson 2013). Duration The length of time food trucks are permitted to stay in one place varies widely by commu- Goods Available for Sale Some communities, like College Station, Texas, are very specific that the goods sold from mo- bile vending to be food related (§4-20). This is often borne of a desire to start with mobile vending on a limited basis to gauge its impact. As mobile food trucks become more prevalent, surely people will explore the ideas of start- ing other types of businesses in this format. Communities may wish to consider the ques- tions raised earlier about location and assess whether or not it makes sense to allow other goods in addition to food to be sold in desig- nated areas. For example, Ferndale, Michigan, allows a variety of wares to be sold by a mobile This food truck rally in Royal Oak, Michigan, illustrates how a gathering of food trucks can activate an otherwise underutilized space.Rodney Arroyo/Clearzoning ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION | page 6 vendor, including apparel, jewelry, household goods, and furnishings (§§7-73–82). That might be just the place for book publisher Penguin Group (USA) to take its recently intro- duced first mobile bookstore, which aims to make books accessible where big box retailers aren’t located (Edsall 2013). Number of Units in One Location Some communities that are getting on board with mobile food vending have started allow- ing them to congregate for certain events and activities. For example, Royal Oak, Michigan, started a food truck “rally” at their indoor farm- ers market during colder months. It is a good way to utilize the facility as well as provide entertaining food options for city residents. It has now become a great family event every month year-round, with musical entertainment, bouncy houses, and face painting. The city lim- its the rally to no more than 10 different trucks with a variety of cuisine for the whole family. units to function on private property as a single business. To address potential negative impacts, each mobile food court must have its own on-site manager, who is responsible for the maintenance of the area (§5.406). Trash The type of standards for trash removal and upkeep will vary depending on the location and duration of the vending. Most communities require waste receptacles for every mobile food vending unit and some further require waste to be removed from a site daily. Keep in mind that where communities allow seating along with the mobile food unit, people will generate more trash on-site than in situations where there is no seating provided and people take their food (and trash) to go. Hours of Operation Some communities limit hours of operation to around lunchtime (e.g., 10:30 a.m. until 3:30 trucks on private property, communities typi- cally require the vendor to ensure that there is sufficient parking available for its use and any other uses on the site, including the space taken up by the unit itself. Some cities allow public parking areas to be utilized for food trucks, and may even allow metered parking spaces to be used provided the related meter fees are paid. For example, Minneapolis al- lows a mobile vendor to park at no more than two metered spaces, as long as they are not short-term spaces and are not located within 100 feet of an existing restaurant or sidewalk cafe—unless the restaurant owner gives con- sent (§188.485.c.7). Licenses and Permits Most communities require permits or licenses regardless of whether the trucks operate on public or private property. It is also common for the community to reference compliance with other codes, particularly state or local health codes. These other codes can impact how trucks operate. For example, California’s Health and Safety Code re- quires trucks to have hand- washing stations if food is prepared in the truck, but does not require them on trucks selling only prepack- aged foods like frozen des- serts (§114311). Some communities cap the number of licenses available for food trucks to limit their impact, but many others do not. Grand Rapids requires a temporary use permit, subject to planning commission approval, and gives standards for consideration (§5.9.32.K.18), including an assessment asking “[w]ill the proposed stand, trailer, wagon or vehicle contribute to the general aesthetic of the business dis- trict and include high quality materials and finishes?” Site Amenities Some communities specify that no tables or chairs are permitted, or if they are, then sanitary facilities are also required. There may be flexibility in the permitted arrange- ments for such facilities (for example, hav- ing permission to use such facilities within a reasonable distance of the mobile unit). Frisco, Texas, prohibits connections to po- According to Market Master Shelly Mazur, “It’s nice to be able to offer a family-friendly event in a climate-controlled building with renovated bathrooms and seating.” On the other hand, in its 2010 ordinance, the city of Zillah, Washington, banned mobile food vending altogether, declaring it a “nui- sance,” and finding that “when mobile ven- dors congregate in the same area, the height- ened intensity of use negatively impacts the surrounding area, particularly by increased trash” (§8.32). Fort Worth tackled this issue head-on, defining a group of food trucks as a “mobile food court” when two or more mobile vending units congregate. They allow these p.m.), and others allow sales from early in the morning to late in the evening (e.g., 7 a.m. until 10 p.m.). Some communities place no time limits on these operations in the zoning regula- tions. Again, consider where these units will be permitted and the potential conflicts with adjacent uses. Parking and Circulation Given the mobility of these vendors, they by necessity are typically located in parking areas. Whether in public spaces or a private parking lot, it is important to ensure sufficient parking for existing uses to prevent an undue burden on bricks-and-mortar establishments. For food Site amenities like tables and chairs are often easier to accommodate on private property than in a public right-of-way.Jill Bahm/Clearzoning ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION | page 7 VOL. 30, NO. 9 Zoning Practice is a monthly publication of the American Planning Association. Subscriptions are available for $95 (U.S.) and $120 (foreign). W. Paul Farmer, faicp, Chief Executive Officer; David Rouse, aicp, Managing Director of Research and Advisory Services. Zoning Practice (ISSN 1548–0135) is produced at APA. Jim Schwab, aicp, and David Morley, aicp, Editors; Julie Von Bergen, Assistant Editor; Lisa Barton, Design and Production. Missing and damaged print issues: Contact Customer Service, American Planning Association, 205 N. Michigan Ave., Suite 1200, Chicago, IL 60601 (312-431- 9100 or customerservice@planning.org) within 90 days of the publication date. Include the name of the publication, year, volume and issue number or month, and your name, mailing address, and membership number if applicable. Copyright ©2013 by the American Planning Association, 205 N. Michigan Ave., Suite 1200, Chicago, IL 60601–5927. The American Planning Association also has offices at 1030 15th St., NW, Suite 750 West, Washington, DC 20005–1503; www.planning.org. All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the American Planning Association. Printed on recycled paper, including 50-70% recycled fiber and 10% postconsumer waste. Cover image by Rodney Arroyo; design concept by Lisa Barton REFERENCES table water, requiring mobile food vendors to store their water in an internal tank. The city also requires vendors to be located within 50 feet of an entrance of a primary building, and drive-through service is expressly prohibited (§3.02.01.A(20)). King County, Washington, requires that all mobile food vending in the county be located within 200 feet of a usable restroom (§5.34). Signage Some communities use their existing sign regula- tions, but others tailor standards for mobile units. In Michigan, both Grand Blanc Township (§7.4.9.F) and Kalamazoo (§§25-63–68) allow one sign on the mobile vending unit itself, but do not allow any other signage. This is fairly common. In many cases, the truck itself essentially functions as one big sign with colorful graphics. Additionally, many mobile food vendors now use social media to get out the word regarding the time and place they will set up shop, potentially reducing the need for ad- ditional signage beyond that on the unit itself. u American Heart Association. 2012. “Mobile Food Vending near Schools Policy Statement.” Available at www.heart.org/idc/groups/heart- public/@wcm/@adv/documents/downloadable/ucm_446658.pdf. u Berk, Keith, and Alan Leib. 2012. “Keeping Current: UCC—Food Truck Regu- lations Drive Controversy.” Business Law Today, May. Available at http:// apps.americanbar.org/buslaw/blt/content/2012/05/keepingcurrent.pdf. u Edsall, Larry. 2013. “Food Trucks Inspire Mobile Bookstore,” Detroit News, July 11. Available at www.detroitnews.com/article/20130711/AUTO03 /307110040/1121/auto06/Food-trucks-inspire-mobile-bookstore. u Frommer, Robert, and Bert Gall. 2012. Food Truck Freedom. Washing- ton, D.C.: Institute for Justice. Available at www.ij.org/images /pdf_folder/economic_liberty/vending/foodtruckfreedom.pdf. u Emergent Research. 2012. “Food Trucks Motor into the Mainstream.” Intuit, December. Available at http://network.intuit.com/wp-content /uploads/2012/12/Intuit-Food-Trucks-Report.pdf. u Longmont (Colorado), City of. 2011. Mobile Food Vendors Longmont Municipal Code Amendment. Planning & Zoning Commission Com- munication, June 20, 2011. Available at www.ci.longmont.co.us /planning/pz/agendas/2011/documents/final_mobilefoodvendors .pdf. u Martinson, Gabrielle. 2013. “In its First Summer, District’s Food Truck is a Success.” The Journal, July 16. Available at www .journalmpls.com/news-feed/in-its-first-summer-districts-food- truck-is-a-success. Lighting Lighting is not as commonly addressed as other issues, especially if a mobile food vending unit is located in an existing developed area, but it is likely presumed that other applicable lighting requirements appropriate to the location are to be followed. Consider adjacent uses and the impact of light trespass and glare. For example, Grand Blanc Township requires mobile food vending units to be lit with available site light- ing. No additional exterior lighting is allowed unless permitted by the zoning board of appeals upon finding that proposed exterior lighting mounted to the mobile vending unit will not spill over on to adjacent residential uses as mea- sured at the property line (§7.4.9.F.10). TESTING, FOLLOW-UP, AND ENFORCEMENT One of the nice things about mobile food vending is that it is really easy for a community to put a toe in the water and test the impact of regulations on mobile food vendors, other community business- es, and the public, and to adjust the regulations as appropriate. The Metropolitan Government of Nashville-Davidson County, Tennessee, initiated a test phase beginning April 2012 that will provide evaluative data for a successful mobile food ven- dor program. The program will initially be operated under a temporary permit issued by the Metro Public Works Permit Office for two specified zones, the downtown core and outside of it. Oakland, California, has a pilot program for “Food Vending Group Sites,” defined as “the stationary operation of three (3) or more ‘mobile food vendors’ clus- tered together on a single private property site, public property site, or within a specific section of public right-of-way” (§5.51). Before embarking on extensive zoning re- writes, review the suggested considerations with the community to anticipate and plan for appropri- ate ways to incorporate this use in a reasonable way. Mobile food vending is on the rise all over the country, from urban sites to the suburbs. When regulated appropriately, mobile food vending can bring real benefits to a community, including jobs, new businesses, fresh food, and vitality. ZONING PRACTICEAMERICAN PLANNING ASSOCIATION205 N. Michigan Ave.Suite 1200Chicago, IL 60601–59271030 15th Street, NWSuite 750 WestWashington, DC 20005–1503ISSUE NUMBER 9 PRACTICE FOOD TRUCKS HOW DOES YOUR COMMUNITY REGULATE FOOD TRUCKS AND OTHER MOBILE VENDORS?9 ZONING PRACTICE SEPTEMBER 2013 AMERICAN PLANNING ASSOCIATION 9 1 TITLE 10: ZONING New Subsection B to 10-16-3 B. Exception. The parking of mobile food or retail vendor vehicles shall be an exception to Subparagraph A. above when in compliance with Section 10-3-14 and Chapter 5 of Title 3. New Section 10-3-14 SECTION 10-3-14: MOBILE FOOD VENDOR VEHICLES AND RETAIL VENDOR VEHICLES A. PURPOSE: To encourage and regulate the operation of mobile food vendor and retail vendor vehicles subject to operational standards, on public and private property within the City. These operational standards and application procedures are intended to recognize the opportunity for unique outdoor portable fare and added convenience to persons living and working within Yorkville, while protecting the health, safety and welfare of the general public. B. DEFINITIONS: CANTEEN TRUCK: A vehicle that operates to provide food services to workers at locations where access to such services is otherwise unavailable or impractical (e.g., a construction site); from which the operator sells food and beverages that require no on- site preparation or assembly other than the heating of pre-cooked foods; and is not advertised in any form to the general public except by virtue of signage on the vehicle. Products sold from canteen vendor vehicles may include fruits, vegetables, and pre- cooked foods such as hot dogs, prepackaged foods and pre-packaged drinks. COMMISSARY: A catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged, or stored. EDIBLE FOOD PRODUCTS: Products that are ready for immediate consumption, including prepackaged food and food cooked, prepared or assembled on-site. The term "edible food products" does not include fresh produce unless the produce has been packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared for consumption. MOBILE FOOD VENDOR VEHICLE: A vehicle, from which edible food products are cooked, prepared or assembled with the intent to sell such items to the general public, provided that food vendor vehicles may also sell other edible food products and beverages that have been prepared or assembled elsewhere. Food vendor vehicle operators may market their products to the public via advertising, including social media. For the purposes of this Title, this shall also include ice cream vendor vehicles, canteen trucks and pushcarts. 2 LOCATION: Any single parcel or any combination of contiguous parcels owned or controlled by a single entity or affiliated entities. LOT, IMPROVED: a platted lot or parcel of land upon which a building, structure or other primary use, as defined by the Zoning Ordinance, exists. LOT, UNIMPROVED: a platted lot or parcel of land upon which no structure or uncompleted structure exists. MOBILE RETAIL VENDOR VEHICLE: A vehicle from which merchandise is sold and retail sales are made, and is intended to be temporary, or is capable of being moved from one location to another. PUSHCART: A non-motorized vehicle limited to serving non-potentially hazardous foods or commissary wrapped food maintained at proper temperatures. SANITIZATION: The effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment. VENDOR VEHICLE RALLY: A coordinated and advertised gathering of more than three (3) mobile food vendor and/or mobile retail vendor vehicles, in one location and on a date certain, with the intent to serve the public. C. GENERAL PROVISIONS: 1. Mobile food vendor vehicles and mobile retail vendor vehicles shall obtain a Certificate of Registration from the Office of the City Clerk in accordance with Title 3, Chapter 5 of the City Code. 2. Mobile food vendor vehicles and mobile retail vendor vehicles must comply with all federal, state, county and local business tax, sales tax and other tax requirements. 3. It shall be a violation to operate a mobile food vendor vehicle or mobile retail vendor vehicle at any location except in compliance with the requirements of this section. 4. Mobile food vendor vehicles and mobile retail vendor vehicles are permitted in all zoning districts of the city, subject to the location and operational standards established in this Title or this Code. 5. Mobile food vendor vehicles and mobile retail vendor vehicles shall not obstruct or interfere with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any business, public building, or dwelling vehicle, nor shall it restrict the sight distances triangle at driveways and street right-of-way intersections or prevent access of emergency vehicles. 3 6. Drive-through vending is prohibited. No vendor shall make sales to any person in a vehicle. 7. No amplified music or loudspeakers shall be permitted. Mobile food vendor vehicle and mobile retail vendor vehicles shall comply with the provisions of the Performance Standards in Section 10-13-C-2 of the City Code. All smoke and odors generated by a mobile food vendor vehicle shall comply with the provisions of the Performance Standards in Section 10-13-C-3 and Section 10-13-C-4 of the City Code. 8. Any exterior lighting provided on the mobile food vendor vehicles or mobile retail vendor vehicles shall comply with the Performance Standards in Section 10-13-C-7 of the City Code. 9. No sales or service of alcohol shall be allowed by mobile food vendor vehicles. 10. Mobile food vendor vehicles and mobile retail vendor vehicles shall provide at least one (1) trash receptacle for use by patrons and in a convenient location that does not impede pedestrian or vehicular traffic. All litter or debris generated immediately within the vicinity of the mobile food vendor vehicle or mobile retail vendor vehicle shall be collected and removed by the mobile operator. D. LOCATION AND OPERATIONAL STANDARDS: 1. Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles Operating within the Public Right-of-Way a. Mobile food vendor vehicles and mobile retail vendor vehicles shall be legally parked in full compliance with all state and local parking provisions which apply to the location at which it is parked, including any sign prohibiting the parking or standing of a vehicle or indicating a parking time limit. b. Operation of mobile food vendor vehicles and mobile retail vendor vehicles within city parks shall be subject to rules and regulations established by the park board. c. No unattended mobile food vendor vehicle or mobile retail vendor vehicle shall be parked or left overnight within a public right-of-way or on any other public property. d. Mobile food vendor vehicles or mobile retail vendor vehicles shall not operate within the public right-of-way within 500 feet from any K -12 school building, as defined by the State of Illinois, between the hours of 7:00 a.m. and 4:00 p.m. on regular school days; unless as part of a permitted special event or rally. e. Mobile food vendor vehicles or mobile retail vendor vehicles shall not be parked within 25 feet from a street intersection with a crosswalk, traffic light, or stop sign, or within 25 feet from a railroad crossing. 4 f. Mobile food vendor vehicles or mobile retail vendor vehicle operators shall be responsible for organizing customer queuing in a manner that maintains a clear path along the sidewalk that is at least four (4) feet wide and does not interfere with or obstruct the free passage of pedestrians. g. All sales and service shall be limited solely to that side of the mobile food vendor vehicle or mobile retail vendor vehicle facing away from the public street. h. Mobile food vendor vehicles and mobile retail vendor vehicles shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for required refuse receptacles. i. Mobile food vendor vehicles greater than 35 feet in length, or that occupy more than two on-street parking spaces, are not permitted to operate in the public right-of-way adjacent to residentially zoned properties. j. Mobile food vendor vehicles or mobile retail vendor vehicles shall not block a lawfully placed monument sign of another business. 2. Mobile Food Vendor Vehicles and Retail Vendor Vehicles Operating on Private Property a. Mobile food vendor vehicles and retail vendor vehicles may be permitted to operate on private property as a temporary accessory use in all zoning districts. 5 b. Mobile food vendor vehicles and retail vendor vehicles on private property shall have a notarized letter of permission from the property owner granting the operator the owner's express consent to operate on the site in accordance with the approved Certificate of Registration. c. Mobile food vendor vehicles and retail vendor vehicles shall not occupy more than 40% percent of required parking spaces on an improved lot or exceed the maximum lot coverage for the district in which it is located on an unimproved lot. d. The maximum number of mobile food vendor vehicles and retail vendor vehicles permitted on a site shall be determined as follows: 1. One (1) mobile food vendor vehicle or retail vendor vehicle may operate on the site for every 525 square foot paved area (at least 35 feet by 15 feet in dimension); except that mobile food vendor vehicles or retail vendor vehicles greater than 35 feet in length require a space at least 70 feet by 15 feet. 2. Mobile food vendor vehicle and retail vendor vehicle operations shall occur upon a paved, level parking area or surface. 3. Mobile food vendor vehicles and retail vendor vehicles parked within required parking areas shall not impede pedestrian or vehicle ingress or egress through the remainder of the parking area or adjacent public right-of-way. 4. Mobile food vendor vehicles and retail vendor vehicles may be permitted to have canopies and outdoor seating areas, provided these additional outdoor accessories may not occupy more than two (2) parking spaces per mobile food vendor vehicle or retail vendor vehicle. 6 3. Canteen Trucks Operating on Private Property a. Canteen Trucks operating on private property shall have a notarized letter of permission from the property owner granting the operator the owner's express consent to operate on the site in accordance with the approved Certificate of Registration. b. Canteen Trucks may operate on an unimproved lot or parcel, only if such lot or parcel or an adjoining lot or parcel is undergoing permitted construction activity. c. Canteen Trucks shall not block fire lanes, designated construction traffic lanes for ingress or egress or access to or from the construction site. d. No unattended Canteen Truck shall be parked overnight on any property. 4. Private Vendor Service by Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles a. Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles may provide private sales service within the public right-of-way and on private property in residential districts only. b. Private vendor services by Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles shall be limited to private guests of the event host only. No walk-up customers are permitted. c. Payment shall occur directly between the event host and the Mobile Food Vendor Vehicle and retail vendor vehicle. No payment transactions shall occur for individual orders. d. All operational standards for operating a Mobile Food Vendor Vehicle and Mobile Retail Vendor Vehicle as provided in this section shall apply. 1 Draft 11/1/2018 Chapter 5: Sanitation and Mobile Vendors Article A. Food Service and Sanitation Article B. Mobile Vendor Vehicles Article C. Truck Rally Special Events ARTICLE A. FOOD SERVICE AND SANITATION 3-5A-1: FOOD SERVICE AND SANITATION: A. Regulations Adopted: The Food Service and Sanitation Ordinance adopted by the County of Kendall as Ordinance ___________ on __________ together with all appendices thereto, and all subsequent amendments is hereby adopted as the regulations governing the sanitation procedures and control for the storage, preparation and serving of food within the city with such amendments as hereinafter set forth in this chapter. ARTICLE B. MOBILE VENDOR VEHICLES 3-5B-1: DEFINITIONS: The words and terms set forth in this section, wherever they occur in this chapter, shall be construed as herein defined: CANTEEN TRUCK: A vehicle that operates to provide food services to workers at locations where access to such services is otherwise unavailable or impractical (e.g., a construction site); from which the operator sells food and beverages that require no on-site preparation or assembly other than the heating of pre-cooked foods; and is not advertised in any form to the general public except by virtue of signage on the vehicle. Products sold from canteen vendor vehicles may include fruits, vegetables, and pre-cooked foods such as hot dogs, prepackaged foods and pre-packaged drinks. COMMISSARY: A catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged, or stored. EDIBLE FOOD PRODUCTS: Products that are ready for immediate consumption, including prepackaged food and food cooked, prepared or assembled on-site. The term "edible food products" does not include fresh produce unless the produce has been packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared for consumption. 2 MOBILE FOOD VENDOR VEHICLE: A vehicle, from which edible food products are cooked, prepared or assembled with the intent to sell such items to the general public, provided that food vendor vehicles may also sell other edible food products and beverages that have been prepared or assembled elsewhere. Food vendor vehicle operators may market their products to the public via advertising, including social media. For the purposes of this Title, this shall also include ice cream vendor vehicles, canteen trucks and pushcarts. LOCATION: Any single parcel or any combination of contiguous parcels owned or controlled by a single entity or affiliated entities. LOT, IMPROVED: a platted lot or parcel of land upon which a building, structure or other primary use, as defined by the Zoning Ordinance, exists. LOT, UNIMPROVED: a platted lot or parcel of land upon which no structure or uncompleted structure exists. MOBILE RETAIL VENDOR VEHICLE: A vehicle from which merchandise is sold and retail sales are made, and is intended to be temporary, or is capable of being moved from one location to another. PUSHCART: A non-motorized vehicle limited to serving non-potentially hazardous foods or commissary wrapped food maintained at proper temperatures. SANITIZATION: The effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment. VENDOR VEHICLE RALLY: A coordinated and advertised gathering of more than three (3) mobile food vendor and/or mobile retail vendor vehicles, in one location and on a date certain, with the intent to serve the public. 3-5B-2: CERTIFICATE OF REGISTRATION REQUIRED: Every person desiring to engage in mobile vendor services within the city is hereby required to make written application for a certificate of registration as hereinafter provided. It shall be unlawful for any person to engage in mobile vendor service without having first obtained said certificate of registration. Said certificate shall be carried by the applicant while engaged in mobile vendor service and shall be displayed at all times in a place readily visible to all customers. The term for mobile vendor registrations shall commence on January 1 and shall expire on December 31 of each year. 3-5B-3: MOBILE VENDOR SERVICE ON PUBLIC PROPERTY: A. It shall be unlawful for any person or entity to operate as a mobile food or retail vendor on property owned by a governmental entity including streets, roadways, alleys, sidewalks, parks, or right of ways within the city without first having obtained a certificate of registration from the office of the city clerk. Application for a certificate of registration shall be made upon a form provided by the office of the city clerk and filed with such. The applicant shall truthfully state in full the information requested on the application: 3 1. Applicant name, present place of residence, length of residence at such address, phone number, business name, business address, type of business, length of time in type of business being applied for. 2. Name, address, phone number for all drivers or operators of the mobile vendor vehicles; 3. Identification: Copy of current state photo identification or driver's license from all applicants, members, partners, officers, drivers, and operators; 4. Description of vendor services: Description sufficient for identification of the mobile service provided by the merchant which the applicant will engage in; 5. List of the mobile vehicles/trucks or pushcarts intended to be operated including the make, model, year, vehicle identification number and license plate number for each; 6. Date Of Previous Application: The date, or approximate date, of the latest previous application for certificate under this chapter, if any; 7. Revocation History: Whether a certificate of registration issued to the applicant under this chapter has ever been revoked; 8. History of violation convictions: Whether the applicant, driver, or operator has ever been convicted of a violation of any of the provisions of this chapter or the ordinance of any other Illinois municipality regulating the activities of mobile vendors; 9. History of Conviction Of A Felony: Whether the applicant, driver, or operator has ever been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States; 10. Tax Identification Number: Each applicant shall produce an Illinois department of revenue identification number for the retailers' occupation tax. No license shall be issued if the applicant does not have an identification number except that no identification number shall be required if a mobile vendor is sponsored by or working for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "tax exempt number" and written proof of its "tax exempt status"; 11. Health Certificate: Any mobile food vendor shall be required to obtain a health inspection certificate from the Kendall County public health department. Said certificate shall be required to do business under a certificate of registration under this title in the city of Yorkville; 12. Photo of The Applicant: Each applicant, driver, and operator shall submit a photo that must be the same size as required for passports being two inches by two inches (2" x 2") 13. Insurance. The applicant shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate of at least one million dollars ($1,000,000.00) covering the applicant’s operations. Such insurance shall name, on a special endorsement form, the City of Yorkville, its elected and appointed boards, commissions, officers, agents and employees as additional insurers. A certificate of insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days prior written notice to the city’s Clerks Office. B. All statements made by the applicant upon the application or in connection therewith shall be under oath. 4 C. The office of the city clerk shall require every applicant, driver, and operator to submit to fingerprinting by the police department in connection with the application for certificate. The applicant, driver, and operator shall pay the fee as set by the Illinois state police for fingerprint submissions. D. The office of the city clerk shall cause to be kept an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this chapter and of the denial of applications. E. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States, within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided. F. Each applicant for mobile service on public property shall pay a two hundred dollar ($200.00) application fee per application. The application fee covers the first mobile vehicle/truck or pushcart. Additional mobile vehicles/trucks or pushcarts will be one hundred dollars ($100.00) each. All fees are nonrefundable. No application fee shall be charged of a mobile food vendor sponsored by or working for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "tax exempt number" and written proof of its "tax exempt status. 3-5B-4: MOBILE VENDOR SERVICE ON PRIVATE PROPERTY: A. It shall be unlawful for any person or entity to operate as a mobile food or retail vendor on private property without first having obtained a certificate of registration from the office of the city clerk. Application for a certificate of registration shall be made upon a form provided by the office of the city clerk and filed with such. The applicant shall truthfully state in full the information requested on the application: 1. Applicant name, present place of residence, length of residence at such address, phone number, business name, business address, type of business, length of time in type of business being applied for. 2. Name, address, phone number for all drivers or operators of the mobile vendor vehicles; 3. Identification: Copy of current state photo identification or driver's license from all applicants, members, partners, officers, drivers, and operators; 4. Description Of Mobile Food Service: Description sufficient for identification of the mobile service provided by the merchant which the applicant will engage in; 5. List of the mobile food vehicles/trucks or pushcarts intended to be operated including the make, model, year, vehicle identification number and license plate number for each; 6. Date Of Previous Application: The date, or approximate date, of the latest previous application for certificate under this chapter, if any; 7. Revocation History: Whether a certificate of registration issued to the applicant, driver, or operator under this chapter has ever been revoked; 5 8. History of violation convictions: Whether the applicant, driver, or operator has ever been convicted of a violation of any of the provisions of this chapter or the ordinance of any other Illinois municipality regulating the activities of mobile vendors; 9. History of Conviction Of A Felony: Whether the applicant, driver, or operator has ever been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States; 10. Tax Identification Number: Each applicant shall produce an Illinois department of revenue identification number for the retailers' occupation tax. No license shall be issued if the applicant does not have an identification number except that no identification number shall be required if a mobile food vendor is sponsored by or working for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "tax exempt number" and written proof of its "tax exempt status"; 11. Health Certificate: Any mobile food vendor shall be required to obtain a health inspection certificate from the Kendall County public health department. Said certificate shall be required to do business under a certificate of registration under this title in the city of Yorkville; 12. Photo of The Applicant: Each applicant, driver, and operator shall submit a photo that must be the same size as required for passports being two inches by two inches (2" x 2"). 13. Mobile Food and Retail Vendors operating on private property shall have a notarized letter of permission from each property owner granting the operator the owner's express consent to operate on the site in accordance with the approved certificate of registration. 14. Insurance. The applicant shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate of at least one million dollars ($1,000,000.00) covering the applicant’s operations. Such insurance shall name, on a special endorsement form, the City of Yorkville, its elected and appointed boards, commissions, officers, agents and employees as additional insurers. A certificate of insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days prior written notice to the city’s Clerks Office. B. All statements made by the applicant upon the application or in connection therewith shall be under oath. C. The office of the city clerk shall require every applicant, driver, and operator to submit to fingerprinting by the police department in connection with the application for certificate. The applicant, driver, and operator shall pay the fee as set by the Illinois state police for fingerprint submissions. D. The office of the city clerk shall cause to be kept an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this chapter and of the denial of applications. E. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States, within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor 6 to any person whose certificate of registration issued hereunder has previously been revoked as herein provided. F. Each applicant shall pay a twenty-five dollar ($25.00) application fee per application. The application fee covers the first mobile vehicle. Additional mobile vehicles will be ten dollars ($10.00) each. All fees are nonrefundable. No application fee shall be charged of a mobile vendor sponsored by or working for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "tax exempt number" and written proof of its "tax exempt status". 3-5B-5: ISSUANCE OF CERTIFICATE: A. The office of the city clerk, after consideration of the application and all information obtained relative thereto, shall, within ten (10) business days of application, approve or deny the application. If the person does not possess the qualifications for such certificate, as herein required, and the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this chapter or Section 13-3-14, then the office of the city clerk shall deny the application. Endorsement shall be made by the office of the city clerk upon the application of the denial of the application. If the applicant is found to be fully qualified, the certificate of registration shall be issued within five (5) business days of the application approval so long as the application fees have been fully paid. B. The registration requirement for mobile vending vehicles is waived for all city sponsored special events. 3-5B-6: MOBILE FOOD SERVICE: A. Mobile food vendor vehicles shall comply with the requirements of this article, except as otherwise provided in this section and Section 13-3-14. The health department may impose additional requirements to protect against health hazards related to the conduct of the food service establishment as a mobile operation, may prohibit the sale of some or all potentially hazardous food and, when no health hazard will result, may waive or modify requirements of this article relating to physical facilities except those requirements of this section. B. All food items available for sale and the price of each item must be posted on the exterior of the mobile food vendor vehicle. C. Mobile food vendor vehicles serving only food prepared, packaged in individual servings, transported, and stored under conditions meeting the requirements of this article or beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment, need not comply with requirements of this chapter pertaining to the necessity of water and sewage systems nor to those requirements pertaining to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at the commissary. D. A mobile food vendor vehicle requiring a water system shall have a potable water system under pressure. The system shall be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and hand washing, in accordance with the requirements of this chapter. The water inlet shall be located so that it will not be contaminated by waste discharge, road dust, oil or grease, and it shall be 7 kept capped unless being filled. The water inlet shall be provided with a transition connection of a size or type that will prevent its use for any other service. All water distribution pipes or tubing shall be constructed and installed in accordance with the requirements of this chapter. E. If liquid waste results from operation of a mobile food unit, the waste shall be stored in a permanently installed retention tank that is of at least fifteen percent (15%) larger capacity than the water supply tank. Liquid waste shall not be discharged from the retention tank when the mobile food unit is in motion. All connections on the vehicle for servicing mobile food unit waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food unit. The waste connection shall be located lower than the water inlet connection to preclude contamination of the potable water system. 3-5B-7: COMMISSARY: A. Mobile food vendor vehicles shall operate from a commissary or other fixed food service establishment and shall report at least daily to such location for all supplies and for all cleaning and servicing operations. B. The commissary or other fixed food service establishment used as a base of operation for mobile food vendor vehicles shall be constructed and operated in compliance with the requirements of this chapter. 3-5B-8: SERVICING AREA AND OPERATIONS: A. A mobile food vendor vehicles servicing area shall be provided and shall include at least overhead protection for any supplying, cleaning, or servicing operation. Within this servicing area there shall be a location provided for the flushing and drainage of liquid wastes separate from the location provided for water servicing and for the loading and unloading of food and related supplies. This servicing area will not be required where only packaged food is placed in the mobile food unit or pushcart or where mobile food vending vehicles do not contain waste retention tanks. The surface of the servicing area shall be constructed of a smooth nonabsorbent material, such as concrete or machine laid asphalt and shall be maintained in good repair, kept clean, and be graded to drain. B. Potable water servicing equipment shall be installed according to law and shall be stored and handled in a way that protects the water and equipment from contamination. The mobile food unit liquid waste retention tank, where used, shall be thoroughly flushed and drained during the servicing operation. All liquid waste shall be discharged to a sanitary sewerage disposal system in accordance with Yorkville-Bristol sanitary district rules and regulations. 3-5B-9: TIME LIMIT/RESTRICTIONS ON MOBILE VENDOR UNITS: A. Mobile vendors may conduct business from nine o'clock (9:00) A.M. to eight thirty o'clock (8:30) P.M. Sunday through Saturday, including holidays unless such business is located on private property or as part of a city sponsored special event. B. Mobile vendors are not licensed to conduct business door to door. C. It shall be unlawful for any person, mobile food vendor vehicle operator to drink any alcoholic beverages, shout or call to prospective customers, or to disturb the peace in any manner while on duty. 8 D. Sale of food from mobile food vendor vehicles shall be prohibited as follows: 1. In any city park, or on city park property, including parking lots unless the mobile food vendor has received a park vending permit from the city’s parks and recreation department. 2. In any area where the operation impedes vehicular or pedestrian travel as determined by the chief of police or his designee. E. The city has the ability to restrict the location of mobile food vendors should it be determined the location creates a parking shortage, parking issue, or unsafe parking conditions. ARTICLE C. TRUCK RALLY SPECIAL EVENTS 3-5C-1 TRUCK RALLY SPECIAL EVENTS A. Applicability and Approval: All truck rallies of more than three (3) Mobile Food Vendor Vehicles and/or Mobile Retail Vendor vehicles on public or private property require: 1. Issuance of a permit for a truck rally shall be subject to the review and approval of: a. The Community Development Director for all conditions relating to the Zoning Code. b. The Director of Parks and Recreation for any truck rally within a city park, c. The Public Works Director and Police Chief for any truck rally in the public right-of-way, and 2. Traffic control and pedestrian safety in the vicinity of the event shall be the responsibility of the permittee of the event. B. Permit Application 1. In order to obtain a truck rally permit, the entity or organization hosting the truck rally, or the property owner of the location of the truck rally, must complete an application form provided by the City Clerk. 2. An application fee of fifty dollars ($50.00) shall be required for all truck rally special events. 3. The application shall be submitted no later than 30 days prior to the proposed event and shall include the following information: a. Name and address of the owner of the entity or organization hosting the truck rally. b. Name of person in charge of the truck rally and a telephone number that may be used to contact such person during the vendor vehicle rally. 9 c. Name, address and a contact phone number of the owner of the property on which the vendor vehicle rally will be held. d. Location map of the general area within 500 feet surrounding the proposed truck rally site. e. A dimensioned site plan of the property on which the food truck rally will be held, showing proposed location of each food truck including distances from adjacent buildings, streets and other trucks; location of any portable restroom facilities, if applicable; and location of any stages, tents, seating areas and any other facilities, structures or equipment to be used in conjunction with the food truck rally. f. Written description of the plans for the food truck rally, including parking locations, traffic control plans and the anticipated hours of operation. g. A list of all mobile food truck and/or mobile retail vendor vehicles participating in the food truck rally, along with confirmation that each vehicle operator has obtained or will obtain a Certificate of Registration with the Office of the City Clerk in accordance with Title 3: Business and License Regulations, Chapter 5 Food and Food Dealers, Article B. Mobile Food Vendor Vehicles of the City Code. h. Dates and hours of operation requested for the truck rally. i. An executed indemnification agreement in favor of the City of Yorkville for truck rallies occurring within the public right-of- way or public property. j. The permittee shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate of at least one million dollars ($1,000,000.00) covering the permittee’s operations on the sidewalk or right-of-way. Such insurance shall name, on a special endorsement form, the City of Yorkville, its elected and appointed boards, commissions, officers, agents and employees as additional insurers. A certificate of insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days prior written notice to the city’s Clerks Office. C. Financial Guarantee 1. The city may establish requirements for the posting of a financial guarantee prior to issuance of a truck rally permit within the public right- of-way to ensure that: a. The premises will be cleared of all trash and debris immediately after the truck rally ends. b. Any damage to the public right-of-way resulting from the truck rally is repaired. 10 c. Any financial guarantee required shall be returned to the applicant only after all costs for removal of debris or repairs to public right-of-way damage have been deducted. d. In the event the financial guarantee is not sufficient to cover such costs, the entity or organization hosting the food truck rally shall be responsible for paying all remaining costs. D. Inspections An application for a truck rally permit shall be subject to inspections by the Building Code Official and Fire Marshal prior to the start of the event, including but not limited to, inspections of all lighting and electrical equipment, tents, stages and other temporary facilities brought to the site. E. Enforcement 1. Each of the following circumstances constitute a violation of this article, for which a citation may be issued by the city: a. Operation of a mobile vendor vehicle without a current, valid certificate or permit. Provided that each day and each separate location at which a mobile food vendor vehicle or mobile retail vendor vehicle is operated without a current, valid certificate or permit shall be considered a separate violation. b. Holding a truck rally without a permit or failing to comply with the conditions of approval for a truck rally permit. c. Failure to comply with any other provision of this article or Title. d. Citations may be issued to the mobile food vendor vehicle, mobile retail vendor vehicle operator, employee, organizing or hosting entity, or the property owner on which the vehicles are operated. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #7 Tracking Number EDC 2018-79 & PZC 2018-19 Brewery – Text Amendment Economic Development Committee - November 6, 2018 Majority Vote Text amendment to the Zoning Ordinance to identify breweries as permitted uses in all Manufacting Districts and special uses in all business districts. Krysti J. Barksdale-Noble, AICP Community Development Name Department 1 Background & Request: As the Economic Development Committee will recall in July 2010, the City Council approved Ordinance 2010-37 which amended the Zoning Ordinance to allow for the manufacturing of alcoholic beverages as a permitted use within the M-1 Limited Manufacturing District and identified “microbreweries/brewpubs” as permitted Special Uses within the City’s business districts. Since that time, the City also adopted Ordinance 2015-32 which amended the Zoning Ordinance by adding microbreweries/brewpubs, microdistilleries and microwineries as permitted uses in all business and manufacturing districts. Staff continues to improve upon and refine this area of the Zoning Ordinance in light of recent business interest and to remain competitive among surrounding communities within this trending market. Therefore, staff is proposing to amend the text of the zoning ordinance to identify a full-scale “Brewery” as a permitted use in the M-1 and M-2 manufacturing districts, and as a special use in the B-1, B-2, B-3 and B-4 business districts. Additionally, the definition and liquor class of “Microbrewery/Brewpub” (Class M) will be amended to allow no more than 155,000 gallons of beer per year for sale to mirror the maximum production amount allowed by State Statue for liquor license classification purposes, and a new Class K license will be created for breweries. Proposed Text Amendment: Staff is recommending the following revisions to the Zoning Ordinance regarding Microbreweries/Brewpubs and Breweries: 1. Amend the Permitted and Special Uses Table in Section 10-06-03 to identify “Brewery”” as a permitted use in the M-1 Limited Manufacturing and M-2 General Manufacturing districts and a special use in the B-1 Local Business, B-2 Retail Commerce Business, B-3 General Business, B-4 Service business districts. 2. Amend Title 10-2-3 of the Zoning Ordinance to include the following definitions: Brewery: An establishment that engages in the manufacture of beer as such terms are defined in the Liquor Control Act of 1934, as amended, and has obtained a liquor license from the City. 3. Amend Section 10-2-3: Definitions to read as follows: Microbrewery or Brewpub: A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly from the brewery's storage tanks. Total production capacity shall not exceed one hundred and fifty- Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: October 18, 2018 Subject: PZC 2018-19 Brewery - Text Amendment to Zoning Ordinance Identifying breweries as permitted uses in all Manufacturing Zoned Districts and Special Uses in all Business Zoned Districts 2 five thousand (155,000) gallons per calendar year. One U.S. barrel is equivalent to thirty one (31) gallons. 4.Amend Section 10-6-1-G: Microbrewery to read as follows: Microbreweries/brewpubs, where if off premises consumption is allowed, all sales must be in a hand capped, sealed container with a total maximum production of one hundred fifty-five thousand (155,000) gallons per calendar year inclusive of on premises and off premises sales. Microbrewery/brewpub operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall be no more than twenty five percent (25%) of the total floor area. Additionally, the Liquor License regulations will be amended and revised to add the following definitions: Class M - Microbrewery/brewpub. A restaurant that manufactures only at the designated licensed premises less than 155,000 gallons of beer per year for sale primarily in the restaurant on the premises for either on premise or off premise consumption. Sales may also be made to importing distributors, distributors and to non-licensees for use and consumption. The brewery shall be an accessory use to the restaurant and shall not be more than twenty-five percent (25%) of the total floor area. Class K - Brewery. The manufacturing and retail sale of less than 930,000 gallons of beer per year for consumption on and off the premises, the retail sale on the premises of beer and wine products not manufactured on the premises and the sale to importing distributors, distributors and to other retail liquor licensees. A brewery shall also be licensed as a Class 1 Brewer by the Illinois liquor Control Commission. A brewery may include a tavern or restaurant as an accessory use in compliance with the ordinances of the City and any condition imposed upon its liquor license. The area of the retail sales area shall not be more than twenty-five percent (25%) of the total floor area of the premises. Staff Comments: This proposed text amendment is tentatively scheduled to be discussed at a public hearing before the Planning and Zoning Commission on December 12, 2018. A recommendation will be forwarded to the City Council for consideration at the January 8, 2019 regularly scheduled meeting. Finally, as previously mentioned the proposed amendments to the City’s Liquor Control Ordinance will be presented at an upcoming Public Safety Committee meeting and then forwarded to City Council for approval. Staff will be available to answer any question the Economic Development Committee may have at Tuesday night’s meeting. Ordinance No. 2019-____ Page 1 Ordinance No. 2019-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE YORKVILLE ZONING ORDINANCE BY REVISING THE DEFINITION OF MICROBREWERY AND ADDING BREWERIES AS PERMITTED USES IN MANUFACTURING DISTRICTS AND SPECIAL USES IN THE BUSINESS DISTRICTS. WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 10-4-10 of the Yorkville Zoning Ordinance the City may initiate amendments to the Yorkville Zoning Ordinance; and, WHEREAS, the City filed seeking an amendment to the Yorkville Zoning Ordinance to amend the definition of microbrewery and to include as a permitted use breweries in the City’s manufacturing districts and as special uses in the business districts; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on December 12, 2018, to consider the request and made Findings of Fact and Recommendations to the City Council to approve the requested text amendments. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated and made a part of this Ordinance. Section 2: That Section 10-2-3, Definitions, of the United City of Yorkville Zoning Ordinance of the Yorkville City Code is hereby amended by the addition of the following definition: “BREWERY: An establishment that engages in the manufacture of beer as such terms are defined in the Liquor Control Act of 1934, as amended, and has obtained a liquor license from the City.” Section 3: That Section 10-2-3, Definitions, of the United City of Yorkville Zoning Ordinance of the Yorkville City Code is further hereby amended to revise the following definition for “Microbrewery” to read: “MICROBREWERY OR BREWPUB: A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly from the brewery's storage tanks. Total production capacity shall not exceed one hundred fifty-five thousand (155,000) gallons per calendar year. One U.S. barrel is equivalent to thirty one (31) gallons. Ordinance No. 2018-____ Page 2 Section 4: That Section 10-6-1-G of the United City of Yorkville Zoning Ordinance of the Yorkville City Code be and is hereby amended to read as follows: “10-6-1 Special Conditions G. Microbreweries/brewpubs, where if off premises consumption is allowed, all sales must be in a hand capped, sealed container with a total maximum production of one hundred fifty-five thousand (155,000) gallons per calendar year inclusive of on premises and off premises sales. Microbrewery/brewpub operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall be no more than twenty five percent (25%) of the total floor area.” Section 5: That Table 10-06-03 of the United City of Yorkville Zoning Ordinance of the Yorkville City Code be and is hereby amended by adding “Brewery” as a permitted use in the following zoning districts: M-1 Limited Manufacturing District, and M-2 General Manufacturing District. Section 6: That Table 10-06-03 of the United City of Yorkville Zoning Ordinance of the Yorkville City Code be and is hereby amended by adding “Brewery” as a special use in the following zoning districts: B-1 Local Business District, B-2 Retail Commerce Business District, B-3 General Business District, and B-4 Service Business District Section 7: This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this _____ day of __________________, 2019. ______________________________ City Clerk CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ Ordinance No. 2018-____ Page 3 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of __________________, 2019. ____________________________________ Mayor PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PZC 2018-19 NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text amendment to Chapter 6: Permitted and Special Uses in the Zoning Ordinance to identify “brewery” as a permitted use in the M-1 Limited Manufacturing and M-2 General Manufacturing districts and as a special use in the B-1 Local Business, B-2 Retail Commerce Business, B-3 General Business, B-4 Service Business districts. This text amendment will provide regulations for the establishment and operation of such uses in these zoning districts. Additionally, the definition for “microbreweries/brewpubs” will also be amended to allow the maximum production per calendar year of 155,000 gallons. 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, December 12, 2018 at 7 p.m. at the Yorkville City Hall Council Chambers, 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 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #8 Tracking Number EDC 2018-80 Economic Development Consultant Contract Economic Development Committee – November 6, 2018 N/A Majority Approval See attached memo. Bart Olson Administration Name Department Summary Consideration of a renewal of the City’s Economic Development Consultant’s contract. Background This item was last discussed by the City Council in October 2015. At that time, the City approved an economic development consultant contract with DLK, LLC (Lynn Dubajic) for a three year term, which expires December 31, 2018. In anticipation of that contract expiration, Lynn has submitted an extension contract for another 3-year term. She has proposed the value and termination terms as the last contract; $145/hour for a minimum of 15 hours per week and a 30-day termination clause for either party. Recommendation Given Lynn’s success in attracting new businesses, serving as the City’s representative while interfacing with existing businesses, and her vast knowledge of the Yorkville, staff recommends approval of the contract. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: November 1, 2018 Subject: Economic Development Consultant Contract 1 ECONOMIC CONSULTANT’S AGREEMENT This Economic Consultant’s Agreement (“Agreement”) is dated this ____ day of October November, 20182015, between United City of Yorkville (City) and DLK, LLC of Yorkville, Illinois (“Consultant”). City agrees to retain the services of Consultant to fill the position and perform the duties described below. Consultant agrees to furnish the City the services for the Term and under the conditions set forth in this Agreement. It is expressly understood that Consultant is an Economic Consultant and not an employee. A. Position: The following agreement describes the contractual services to be provided by Consultant for the City performing the services of Economic Development Consultant. Consultant is not an agent of, or authorized to transact business, enter into agreements, or otherwise create any obligation, expressed or implied, on behalf of the City, unless expressly authorized by the Mayor. Consultant agrees to obtain, at her own expense all materials necessary to perform her duties and provide the services required under this Agreement. Any documents made available to Consultant in order to perform services under this Agreement shall be kept confidential and returned to the City upon the termination of the Agreement. B. Scope of Work: Consultant shall perform the following services: 1. Perform the duties of Economic Development Consultant for the City including attracting new businesses to the City, attending meetings and conferences on economic development, perform, preparing and presenting economic and community development plans, programs and services. 2. This position is responsible for working closely with the Community Development Consultant and other City staff in promoting the business and economic development interests within the City. This position will include working with all departments in providing guidance to individuals and companies to establish, relocate or expand their businesses within the City. The position will include assistance in the planning and coordination of City development projects, assisting business and residential applications with local and State permitting processes and providing research for City sponsored programs. 3. The Consultant shall not work for another municipality during the term of this Agreement. 4. This position reports directly to the City Administrator. C. Services to be provided 1. Directs economic development initiatives to achieve the goals and objectives for economic development, 2 2. Provides assistance in the development of short and long term economic development plans, as well as the gathering of information and preparation of studies, reports and recommendations to achieve such goals, 3. Provides professional economic development advice, assist in the application and permitting process and serve as an advocate for economic development in line with the Comprehensive Plan, zoning ordinances and goals as established by the City, 4. Works closely with the City staff to identify areas of concern in the promotion of business location and expansion within the City, 5. Maintains a liaison with various local, State and Federal agencies to coordinate projects with those agencies, 6. Provides information on economic development issues, programs, services and plans, 7. Becomes familiar with the existing inventory of available buildings and business and residential development sites within the City, 8. Provide the City with a monthly report of all activities, contacts, services, meetings and conferences attended. Consultant is to perform the above services as the City’s Economic Development Consultant for not less than fifteen (15) hours per week. D. Materials: Consultant will furnish all materials, equipment and supplies used to provide the services required by this Agreement. E. Term: The term of this Agreement shall begin on January 1, 2019December 1, 2015 and shall terminate on December 31, 202118. F. Fees: For the services provided by Consultant under this Agreement for the term of this Agreement, the City agrees to pay Consultant $145.00 per hour. Consultant will be responsible for all expenses incurred while performing services under this Agreement including travel expenses except for out of State travel which shall be reimbursed by the City. For in-state and out-of-state conferences and seminars where the City directs Consultant to attend on the City’s behalf, the City shall pay the conference or seminar registration fees. The Consultant will invoice the City on a monthly basis for all work performed during the preceding month. Each invoice shall provide an itemization of the time of all work performed. Invoices shall be paid by the City within thirty (30) days of receipt. Within ten (10) days of the close of each calendar quarter during the term of this Agreement the time worked by the Consultant during the prior three (3) months will be reviewed and in the event the Consultant worked more than fifteen (15) hours per week, the City agrees to compensate the Consultant for the work performed in excess of fifteen (15) hours per week at the rate of $145.00 per hour. If 3 the Consultant works less than fifteen (15) hours per week, the time must be made up within the following calendar quarter. The City will not pay or withhold federal, state, or local income or payroll tax on behalf of Consultant. As an Economic Consultant, Consultant is responsible for paying all taxes and waives all rights to any employee benefits offered by the City or any other entity affiliated with the City to its employees. In the event taxes are assessed against the City arising out of any money paid to Consultant, Consultant agrees to assume all responsibility for the payment of such taxes and to indemnify and hold harmless the City for any such tax liabilities, including penalties. G. Insurance: The City will not obtain worker’s compensation insurance or other insurance coverage of any kind for or on behalf of Consultant. H. Liability: Each party agrees to be responsible for its own actions and activities, including the negligence of its employees or agents. It is understood and agreed that neither party shall be legally liable for any negligent or wrongful acts either of commission or omission, chargeable to the other, unless such liability is imposed by law, and this Agreement shall not be construed as seeking to either enlarge or diminish any obligation or duty owed by one party against the other or against third parties. I. Termination: Either party may terminate this Agreement immediately for breach. If the City terminates this Agreement for a breach, no compensation or expenses shall be paid by the City to Consultant, under the terms of this Agreement, beyond the date of termination. Additionally, either party may terminate this Agreement upon presentation of written notice of intent to terminate with at least one (1) month’s written notice to the other. In such event Consultant shall be obligated to continue to provide services until the one (1) month’s notice period has expired and the City shall be obligated to pay compensation until the one (1) month’s’ notice period has expired. J. Choice of Law: This Agreement shall at all times be governed by and construed in accordance with the laws of the State of Illinois. K. Saving Clause: If any provision of this Agreement is declared invalid or unenforceable under applicable law, such provision shall be deemed severed from the Agreement and all other provisions of this Agreement shall remain in full force and effect. 4 L. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes all prior agreements and understandings between the parties. This Agreement may be amended, modified or supplemented only by a written instrument executed by both parties. Signed: Consultant Date Mayor Date Attest: ___________________________________ City Clerk Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #9 Tracking Number EDC 2018-81 Meeting Schedule for 2019 Economic Development Committee – November 6, 2018 Majority Approval Please see attached. Lisa Pickering Administration Name Department Summary Proposed 2019 meeting schedule for the Economic Development Committee. Meeting Schedule for 2019 For 2019, if the Economic Development Committee would like to continue meeting the first Tuesday of the month at 6:00 p.m., the tentative meeting dates would be as follows: January 2, 2019 [*proposed Wednesday meeting date as Tuesday is January 1st] February 5, 2019 March 5, 2019 April 2, 2019 May 7, 2019 June 4, 2019 July 2, 2019 August 6, 2019 September 3, 2019 October 1, 2019 November 5, 2019 December 3, 2019 Recommendation Staff recommends review of the proposed meeting dates and time so that a meeting schedule can be finalized for 2019. Memorandum To: Economic Development Committee From: Lisa Pickering, Deputy Clerk CC: Bart Olson, City Administrator Date: October 22, 2018 Subject: Economic Development Committee Meeting Schedule for 2019 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 12345 1 2 1 2 6 7 8 9 10 11 12 3 4567893456789 13 14 15 16 17 18 19 10 11 12 13 14 15 16 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 24 25 26 27 28 29 30 31 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 123456 12341 7 8 9 10 11 12 13 5 67891011 2 345678 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 123456 1231234567 7 8 9 10 11 12 13 4 5678910 8 9 1011121314 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 12345 1 21234567 6 7 8 9 10 11 12 3 45678989 1011121314 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 September October November December January February March April May June July August 2019 Printable Yearly Calendar © 2013 Vertex42.com. 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