Planning and Zoning Commission Packet 2019 02-13-19
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, February 13, 2019
7:00 PM
Yorkville City Hall Council Chambers
800 Game Farm Road
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous Meeting Minutes: January 9, 2019
Citizen’s Comments
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Public Hearings
1. PZC 2019-02 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text
amendment to Chapter 6: Permitted and Special Uses to add licensed “massage establishments” as a
permitted use in the O-Office District. Currently massage establishments are a permitted use only in
business districts.
Unfinished Business
1. PZC 2018-18 Marker, Inc, petitioner has filed an application with the United City of Yorkville, Kendall
County, Illinois, 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. The real property is located at the southwest corner of
the McHugh Road and Route 34 intersection in Yorkville.
New Business
1. PZC 2019-01 Boombah Inc., petitioner, is seeking final plat approval to resubdivide Lot 3 of the
Yorkville Business Center, an approximately 21-acre parcel. Located in the southwest quadrant of IL
Route 47 (N. Bridge Street) and Boombah Boulevard, this parcel was part of the original Inland
Land/F.E. Wheaton Annexation Agreement approved by the City of Yorkville in 1995. Currently, the
parcel is improved with two (2) buildings zoned B-3 General Business District utilized by Boombah
Inc. for their custom athletic apparel business operations.
Action Item
Final Plat
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
2. PZC 2019-02 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text
amendment to Chapter 6: Permitted and Special Uses to add licensed “massage establishments” as a
permitted use in the O-Office District. Currently massage establishments are a permitted use only in
business districts.
Action Item
Text Amendment
3. PZC 2019-04 Forest Preserve District of Kane County, petitioner, is requesting a map amendment to
rezone a 5 acre portion of the property from the F District Farming to the F-1 District-Rural
Residential in Kane County. The entire 82.71 acre property is located in between Galena Road
and Jericho Road along Jeter Road which is located northwest of Yorkville. The property is
located within one and a half miles of the Yorkville Municipal Boundary which allows the
opportunity to review and provide comments to Kane County.
Action Item
One and a Half Mile Review
Additional Business
1. City Council Action Updates
PZC 2018-14 Al Eriksson, on behalf of CalAtlantic Group, Inc., petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting a fourth (4th)
amendment to the Windett Ridge Planned Unit Development Agreement to allow for the
extension of an additional three (3) years to complete the construction of a lift station and public
improvements in Unit 2 of the Windett Ridge subdivision until December 31, 2023. The real
property is generally located south of IL Route 71 and immediately east of IL Route 47 in
Yorkville, Illinois.
City Council Action
Approved
PZC 2018-19 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.
City Council Action
Approved
PZC 2018-21 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text
amendment to Chapter 3: General Zoning Provisions of the United City of Yorkville Zoning
Ordinance to create a new subsection regarding mobile food and retail vendor vehicles. The
amendment will provide location and operational standards after the required business registration
of the vendor and vehicle for food trucks and similar mobile vendors conducting business within
the public right-of-way and on private property.
City Council Action
Approved
2. Planning and Zoning Commissioner Training Series
3. Yorkville 2018 Planning Year in Review
Adjournment
Page 1 of 4
DRAFT
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, Il
Wednesday, January 9, 2019 7:00pm
Meeting Called to Order
Chairman Randy Harker called the meeting to order at 7:00pm, roll was called and a
quorum was established.
Roll Call:
Reagan Goins-yes, Don Marcum-yes, Jeff Olson-yes, Richard Vinyard-yes, Randy
Harker-yes
Absent: Deborah Horaz
City Staff
Krysti Barksdale-Noble, Community Development Director
Jason Engberg, Senior Planner
Other Guests
Christine Vitosh, Vitosh Reporting Service
Dan Kramer, Attorney
Dale Konicek, Towns of Windett
Richard Marciniak
Rick Murphy, Cal Atlantic
Previous Meeting Minutes November 14, 2018
The minutes were approved as presented on a motion and second by Commissioners
Marcum and Goins, respectively.
Roll call vote: Goins-yes, Marcum-yes, Olson-yes, Vinyard-yes, Harker-yes.
Motion carried: 5-yes, 0-no
Citizen’s Comments None
Public Hearings
Vice-Chairman Olson explained the procedure for the Hearings and swore in those who
would speak. At approximately 7:03pm a motion was made and seconded by Mr.
Vinyard and Ms. Goins, respectively, to open the Hearing.
Roll call: Marcum-yes, Olson-yes, Vinyard-yes, Goins-yes, Harker-yes. Passed 5-0.
The following Public Hearings were held:
1. PZC 2018-14 Al Eriksson, on behalf of CalAtlantic Group, Inc., petitioner, has
filed an application with the United City of Yorkville, Kendall County, Illinois,
requesting a fourth (4th) amendment to the Windett Ridge Planned Unit
Page 2 of 4
Development Agreement to allow for the extension of an additional three (3) years to
complete the construction of a lift station and public improvements in Unit 2 of the
Windett Ridge subdivision until December 31, 2023. The real property is generally
located south of IL Route 71 and immediately east of IL Route 47 in Yorkville, Illinois.
2. PZC 2018-18 Marker, Inc. petitioner has filed an application with the United
City of Yorkville, Kendall County, Illinois, 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.
The real property is located at the southwest corner of the McHugh Road and
Route 34 intersection in Yorkville.
3. PZC 2018-19 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.
4. PZC 2018-21 United City of Yorkville, Kendall County, Illinois, petitioner, is
proposing a text amendment to Chapter 3: General Zoning Provisions of the
United City of Yorkville Zoning Ordinance to create a new subsection regarding
mobile food and retail vendor vehicles. The amendment will provide location and
operational standards after the required business registration of the vendor and
vehicle for food trucks and similar mobile vendors conducting business within the
public right-of-way and on private property.
(See Court Reporter Transcripts)
The Hearings were closed at approximately 7:39pm on a motion by Mr. Vinyard and
second by Mr. Marcum.
Roll call: Marcum-yes, Olson-yes, Vinyard-yes, Goins-yes, Harker-yes. Passed 5-0.
Chairman Harker announced to the Planning and Zoning Commission that Commissioner
Bill Gockman resigned due to a new work commitment. The Chairman thanked Mr.
Gockman for his service.
Unfinished Business None
Page 3 of 4
New Business
1. PZC 2018-14 CalAtlantic (see #1 above)
Commissioner Vinyard inquired if the developer could keep asking for extensions. He
said he had no objections and that it would be beneficial to keep building for tax
purposes. Mr. Harker said for the record, that CalAtlantic is doing a great job in Windett
Ridge and tremendous progress has been made in the last couple years.
Action Item
PUD Agreement Amendment
A motion was made and seconded by Commissioners Goins and Vinyard respectively, as
follows: In consideration of testimony presented during a Public Hearing on January 9,
2019 and the standards for PUD approval and amendment, the Planning and Zoning
Commission recommends approval of the fourth (4th) amendment to the Windett Ridge
Planned Unit Development Agreement to allow for the extension of an additional three
(3) years to complete the construction of a lift station and public improvements in Unit 2
of the Windett Ridge subdivision until December 31, 2023, as presented by staff in a
memorandum dated December 4, 2018.
Roll call: Olson-yes, Vinyard-yes, Goins-yes, Marcum-yes, Harker-yes. Passed 5-0.
2. PZC 2018-18 Marker (see #2 above)
Mr. Engberg gave a staff review of the irregularly shaped property and said it is zoned B-
3 and is part of the Heartland Subdivision. Staff had asked for 2 entry points or to
connect to the Casey's driveway. Comments included that the drawing was not to scale, a
3-story building does not fit on the lot and the office use is not in line with the Comp
Plan. Chairman Harker suggested reversing the parking lot and the proposed building in
order to step the building back from Rt. 34. Staff and the petitioner have both attempted
to contact Casey's numerous times regarding working with the petitioner and Casey's has
not responded. The median and setback issues were discussed and the Commissioners
also felt an office building was not appropriate on this lot.
Action Item
Special Use
Mr. Harker said the vote is going to be to postpone this matter until February. A motion
was made by Mr. Marcum and seconded by Mr. Vinyard as follows: based upon
information provided by staff in a memorandum dated December 6, 2018, and testimony
provided at the January 9, 2019 Planning and Zoning Commission meeting, the Planning
and Zoning Commission moves to continue the public hearing for PZC 2018-18 to the
regularly scheduled February 13, 2019 Planning and Zoning Commission meeting.
Roll call: Vinyard-yes, Goins-yes, Marcum-yes, Olson-yes, Harker-yes. Carried 5-0.
3. PZC 2018-19 United City of Yorkville Text Amendment/Breweries (see #3 above)
Action Item
Text Amendment
A motion was made by Ms. Goins and seconded by Mr. Vinyard as follows: in
consideration of testimony presented during a Public Hearing on January 9, 2019 and
discussions conducted at that meeting, the Planning and Zoning Commission
recommends approval to the City Council of a request for text amendment to Chapter 6:
Permitted 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
Page 4 of 4
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, as presented by staff in a memorandum
dated December 4, 2018.
Roll call: Goins-yes, Marcum-yes, Olson-yes, Vinyard-yes, Harker-yes. Carried 5-0.
4. PZC 2018-21 United City of Yorkville Text Amendment Mobile Food Vehicles
(see #4 above)
Action Item
Text Amendment
It was moved and seconded by Commissioners Marcum and Vinyard respectively, to
approve this amendment as follows: in consideration of testimony presented during a
Public Hearing on January 9, 2019 and discussions conducted at that meeting, the
Planning and Zoning Commission recommends approval to the City Council a request for
a text amendment to Chapter 3: General Zoning Provisions of the United City of
Yorkville Zoning Ordinance to create a new subsection regarding mobile food and retail
vendor vehicles, as recommended in a staff memo dated December 5, 2018.
Roll call: Goins-yes, Marcum-yes, Olson-yes, Vinyard-yes, Harker-yes. Carried 5-0.
5. PZC 2019-07 United City of Yorkville Neighborhood Design Manual
Mr. Engberg said this manual was developed as a Master's degree project and is for
review. It presents guidelines for preservation/renovation of the historic homes in the
city to maintain their character. Comments were encouraged and included: very nice,
use the word “vintage” instead of “old” home. It was noted that “historic” connotates
limitations on improvements. It will go before the City Council for approval in
February.
Additional Business
1. City Council Action Updates
a. PZC 2-18-07 GRNE Solar: was approved by the City Council
Adjournment
There was no further business and the meeting was adjourned at 8:09pm on a motion and
second by Commissioners Vinyard and Marcum, respectively. Approved on voice vote.
Respectfully submitted by
Marlys Young, Minute Taker
PZC - January 9, 2019 - Public Hearing
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6 UNITED CITY OF YORKVILLE
7 YORKVILLE, ILLINOIS
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10 PLANNING AND ZONING COMMISSION
11 PUBLIC HEARING
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17 800 Game Farm Road
18 Yorkville, Illinois
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22 Wednesday, January 9, 2019
23 7 : 00 p .m.
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PZC - January 9, 2019 - Public Hearing
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1 PRESENT :
2 Mr . Randy Harker, Chairman,
3 Mr . Jeff Olson, Deputy Chairman,
4 Mr . Richard Vinyard,
5 Ms . Reagan Flavin-Goins ,
6 Mr . Donald Marcum.
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8 ALSO PRESENT :
9 Ms . Krysti Barksdale-Noble, Community
10 Development Director,
11 Mr . Jason Engberg, Senior Planner,
12 Ms . Marlys Young, Minute Taker .
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1 WHEREUPON, the following
2 proceedings were had in
3 public hearing : )
4 CHAIRMAN HARKER: There are four public
5 hearings scheduled for tonight ' s Planning and
6 Zoning Commission meeting.
7 The purpose of these hearings is to
8 invite testimony from the members of the public
9 regarding the proposed requests that are being
10 considered before the Commission tonight .
I1 Public testimony from persons
12 present who wish to speak may be in favor of or
13 against the request, or have questions for the
14 petitioner of the request being heard.
15 Those persons wishing to testify are
16 asked to speak clearly, one at a time, state your
17 name and who you represent, if anyone . Also, you
18 ' are asked to sign in at the podium if you have
19 not already done so .
20 If you plan to speak during
21 tonight ' s public hearing as a petitioner or a
22 member of the public, please stand, raise your
23 right hand, and repeat after me .
24 Witnesses sworn . )
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1 CHAIRMAN HARKER : So when we are going
2 through here -- When I open up the public hearing
3 we start going through, the order that we will
4 receive the testimony will be from the
5 petitioners , the petitioner will do their
6 presentation, then those people that are in favor
7 of the request that ' s being heard, then those
8 people that are opposed to the request that ' s
9 being heard, and then we ' ll move on to the next
10 agenda item. Okay?
I1 May I have a motion to open public
12 hearing on petition numbers PZC 2018-14 , PZC
13 2018-18 , PZC 2018-19, PZC 2018-21?
14 MR . VINYARD: So moved.
15 MS . GOINS : Second .
16 CHAIRMAN HARKER : Okay. May I have a
17 roll call vote on the motion, please?
18 MS . YOUNG: Yes .
19 Marcum.
20 MR. MARCUM: Yes .
21 MS . YOUNG: Olson .
22 MR. OLSON : Yes .
23 MS . YOUNG: Vinyard.
24 MR. VINYARD : Yes .
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1 MS . YOUNG: Goins .
2 MS . GOINS : Yes .
3 MS . YOUNG: Harker .
4 CHAIRMAN HARKER : Yes .
5 Okay. PZC 2018-14 , Al Eriksson, on
6 behalf of CalAtlantic Group, Inc . , petitioner,
7 has filed an application with the United City of
8 Yorkville, Kendall County, Illinois, requesting a
9 fourth amendment to the Windett Ridge Planned
10 Unit Development Agreement to allow for the
11 extension of an additional three years to
12 complete the construction of a lift station and
13 public improvements in Unit 2 of Windett Ridge
14 subdivision until December 31 , 2023 .
15 The real property is generally
16 located south of Route 71 and immediately east of
17 Route 47 in Yorkville, Illinois .
18 Is the petitioner present and
19 prepared to do the presentation?
20 MR. MURPHY : Yes .
21 RICK MURPHY,
22 called as a witness herein, having been first
23 duly sworn, testified from the podium as follows :
24 MR. MURPHY : Good evening . My name is
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1 Rick Murphy . I 'm presenting on behalf of Al
2 Eriksson and CalAtlantic Homes .
3 I ' ve read the summary; it ' s
4 excellent summary prepared by staff . Thank you
5 for that, and thank you for hearing our case .
6 Ryland Homes was contract purchaser
7 of the Windett development I believe in 2013 .
8 MS . NOBLE : ' 13 .
9 MR. MURPHY : CalAtlantic Homes is the
10 successor by merger and acquisition on the
11 property.
12 CalAtlantic Homes developed Unit 1 ,
13 approximately 261 units, Unit 2 is 16 units .
14 Unit 1 is in the final stages of development and
15 build-out at this point, and we are working with
16 engineering for final approvals and subdivision
17 , acceptance in Unit 1 .
18 I believe punch list items are
19 completed . There might be -- I think there is
20 discussion -- So, anyway, we are working on final
21 improvements with land development and city
22 engineers .
23 So Windett Ridge Unit 2 has got some
24 physical constraints just due to topography, and
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1 in order to develop that, it either needs
2 development to the south on adjoining property or
3 a lift station, or we could design the
4 development with the lift station improvement .
5 The additional cost that would be
6 subject to the 16 lots or so in the unit would
7 be -- it would render the lots non-competitive .
8 If we were to go to development, very likely
9 develop them and we couldn ' t sell them.
10 So we ' ve been working with staff
11 over the past several months to come to an
12 extension on the agreement that we can, you know,
13 extend the development to 2023 and keep a fee
14 lock until the end of 2020 with the ability to
15 prepay the fees , and as part of that agreement
16 we ' ve proposed a donation of $10, 000 to help
17 improve Unit 1 park.
18 And I think that ' s the summary. I
19 think I ' m open to any questions if you have
20 them.
21 CHAIRMAN HARKER: What we ' re going to do
22 is -- What we were going to do is to hold all of
23 our questions until the end, you know.
24 MR. MURPHY : Okay. Very good. Thank
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1 you .
2 CHAIRMAN HARKER: Thanks .
3 Okay. Well, thank you for that,
4 Mr . Murphy. Is anybody would like to speak in
5 favor of the request?
6 MR. KRAMER : Should I identify for the
7 record first?
8 CHAIRMAN HARKER : What ' s that?
9 MR. KRAMER : Should I identify for the
10 record first?
11 CHAIRMAN HARKER: Yes .
12 MR. KRAMER: Okay. Daniel J. Kramer . I
13 am an attorney . My address is 1107A South Bridge
14 Street, Yorkville, Illinois .
15 We ' ve worked with Mr . Eriksson on
16 the project on behalf of Dale Klincek, who is
17 here in the audience tonight .
18 So we don ' t have an objection, and
19 we ' re really not speaking for, but we did notice
20 in some references to the staff report and some
21 news reports that we ' ve heard in the media --
22 could be fake news -- that they are thinking
23 about moving ahead with the adjoining owner, and
24 we would love to work with them because the
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1 original plan several owners ago was this was
2 going to be developed by Wiseman-Hughes, and what
3 Dale ended up buying .
4 Al has been real good at working
5 with us on a terrible drainage problem, and it ' s
6 for the most part solved, but there is owners to
7 the south, we would like to see more, so if you
8 could relay to Al that Dale and I would love to
9 talk with him, that would be great .
10 We just happen to be here by
11 happenstance on something else tonight . Thanks .
12 CHAIRMAN HARKER : Okay. Thank you .
13 Anybody else that ' s in favor that would like to
14 voice a -- or not a concern .
15 No response . )
16 CHAIRMAN HARKER: Okay. Those --
17 Anybody here that would like to speak in
18 opposition of the request that ' s being heard?
19 No response . )
20 CHAIRMAN HARKER: Okay. Seeing there is
21 none, we are going to move on to the next one,
22 next item on the agenda tonight, which is PZC
23 2018-18, Marker, Inc . , petitioner, has filed an
24 application with the United City of Yorkville,
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1 Kendall County, Illinois , requesting an amendment
2 to the Heartland Subdivision Planned Unit
3 Development to reduce the interior side yard
4 setback from 20 feet to ten feet on Lot 187 of
5 the subdivision .
6 Additionally, the petitioner is
7 requesting to increase the maximum allowable
8 height of a permitted fence in the business
9 district from six feet to eight feet .
10 The real property is located at the
11 southwest corner of McHugh Road and Route 34
12 intersection in Yorkville .
13 Is the petitioner present and ready
14 to present?
15 DANIEL J. KRAMER,
16 having been first duly sworn, testified from the
17 podium as follows :
18 MR. KRAMER: Again, Daniel J. Kramer .
19 My address is 1107A South Bridge Street,
20 Yorkville, Illinois . I am an attorney licensed
21 to practice law in the state of Illinois, and I
22 represent the petitioner .
23 On this one, neither Krysti, Jason
24 or I can take credit for the lot dimensions and
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1 how it was laid out since none of us were
2 involved in the original, but Markers have done a
3 nice job and I think have been a great addition
4 to the city in the sense that the family
5 developed Heartland Subdivision, they developed
6 Heartland Circle, and then the commercial area
7 that ' s now Veteran ' s Way that ' s come along very,
8 very nicely .
9 This is the last parcel that they
10 hope to develop . There are a couple of other
11 lots just for point of interest behind the
12 Veteran' s Way Center that Mr . Ratos and his group
13 that owns Veteran ' s Way owns .
14 The zoning is in place on the
15 property, so that ' s not an issue at all, but as
16 you can tell, with setbacks and the curve of the
17 road, it presents some real challenges, so we
18 filed a petition, it was originally set for
19 public hearing much earlier, and we met with the
20 EDC committee, who had wanted some elevations on
21 the building .
22 At the time the family still hadn ' t
23 decided exactly what type of building or who the
24 end user would be . They are a little bit further
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1 along in the process now.
2 Their office building that they
3 still own, where the Gold Star Dance Academy and
4 Kay Hatcher ' s office were, they' ve put that on
5 the market to sell, so their intention is that
6 once that building sells to build the office
7 building here, to move their facility there, so
8 that would be their office, and they see, again,
9 because of the limited parking and the narrowness
10 of the lot, it being a destination-type business,
11 so they would have at least one, maybe two other
12 rental spaces .
13 They think perhaps a real estate
14 office, dentist ' s office, something that doesn' t
15 need a ton of space or a ton of parking would be
16 complementary.
17 I wish I could tell you we could
18 ; bring retail, but unless we could bring back the
19 old Kodak drive-through booths, it would be
20 really tough there .
21 What we ' ve tried to do -- and one of
22 the comments -- and it was a good one, from the
23 EDC committee, they asked us if we could get
24 together with Casey ' s and see if they would allow
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1 us to do a joint driveway towards the southerly
2 end of our property and combine it with Casey ' s
3 rear entrance .
4 Greg Marker has tried to contact at
5 least a dozen times . We ' ve talked to the station
6 manager, who really isn ' t management, and she ' s
7 indicated she ' s trying to go up the ladder .
8 Greg had worked with the engineer
9 who directed the installation of the project, and
10 actually they went to Markers and said could we
I1 store equipment and so when they were building
12 Casey ' s, so they were very responsive then, we
13 hope we can get together with them, but so far
14 it ' s been six weeks with dead silence, so what
15 Greg did -- and I didn ' t realize it -- he is an
16 architect, as his father is, he did the
17 elevations and he did four different sets for
18 you .
19 He did two if we keep the driveway
20 where it is ; one if we get the ten-foot inner
21 yard variance and one without of what he could
22 build; and he did two if Casey' s agrees to the
23 rear entrance, and, again, one if you grant -- or
24 the city council does, the ten-yard -- ten-foot
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1 rear or side yard variance next to Casey' s, and
2 one without .
3 If we don ' t get the variance, then
4 really there is no amendment to the PUD, but we
5 think it is better scale and depth to the
6 building with the ten-foot variance .
7 The back that we ' re asking the
8 variance and the side yard is our common
9 boundary with Casey' s , so we ' re not hurting a
10 view from, let ' s say, another office complex or a
11 nice retail center or anything .
12 We thought it might be wise to have
13 a fence separating something more solid, PVC,
14 board-on-board, something kind of nice like
15 that .
16 In all honesty, the drift we got
17 from EDC committee before we came to you is they
18 would rather see it open and not a fence, so we
19 said look, if that ' s the case, we ' re not going to
20 push that issue .
21 The only one that ' s really important
22 to us is the ten feet, then we think we can get a
23 lot better economy of scale .
24 So this is very informal tonight;
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1 we ' ve still got to go to public hearing . We did
2 serve the notices on the entire list that Jason
3 provided us by certified mail , we did do the
4 publication, and we indicated because of getting
5 a little gray hair between the original
6 publication and now, perhaps next meeting if we
7 have again a further response from EDC, we would
8 publish for next meeting and come back and do the
9 public hearing then, so we would suggest you
10 table it to the next meeting tonight, but we ' re
I1 happy to answer any questions .
12 Greg would have been here in
13 person, but was suffering from a case of the flu
14 and did not want to infect anybody, or me . Thank
15 you.
16 CHAIRMAN HARKER: Thank you . Okay.
17 MR. KRAMER: So I don ' t know if you have
18 any other questions or I ' ll --
19 CHAIRMAN HARKER: Well, yeah . I think
20 what we want to do is close out -- get through
21 everything and then close out of the public
22 hearing and then we ' ll come back to you with
23 questions .
24 MR. KRAMER: Fair enough . Thank you .
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1 CHAIRMAN HARKER: Okay. Moving on to
2 the next item on the agenda, PZC 2018-19, United
3 City of Yorkville, Kendall County, Illinois,
4 Petitioner, is proposing a text amendment to
5 Chapter 6, permitted and special uses in the
6 Zoning Ordinance to identify a brewery as a
7 permitted and -- I 'm sorry, in the M-1 Limited
8 Manufacturing and M-2 General Manufacturing
9 Districts , and as a special use in the B-1 Local
10 Business, B-2 Retail Commerce Business, B-3
11 General Business, B-4 Service Business Districts .
12 This text amendment will provide
13 regulations for the establishment and operation
14 of such uses in these zoning districts .
15 Additionally, the definition for
16 microbreweries and brew pubs will also be amended
17 to allow the maximum production per calendar year
18 of 155, 000 gallons .
19 MS . NOBLE : So this sounds more
20 complicated than what it is that we are
21 proposing . We are proposing two things .
22 The first is right now the city does
23 identify microbreweries and brew pubs as
24 permitted uses in our Business and M-1 districts ;
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1 however, we don ' t have just a category for a
2 brewery, which does not have to have a retail
3 component to it .
4 We do have that in the manufacturing
5 district, but we don ' t have it in our business
6 districts , and so what we ' ve been seeing in other
7 communities is that these types of uses are kind
8 of implanting themselves in the downtown, they
9 are bringing some retail component to it, maybe a
10 little bit small, maybe a tasting room, but
11 doesn ' t rise to the occasion of a brew pub where
12 you have actual food and the brewing of the
13 alcohol, so we ' re trying to clean it up .
14 We keep trying to refine our code so
15 that we are keeping up with whatever the retail
16 and commercial market is doing, so we are going
17 to identify them, give them a class, identify
18 them as permitted uses in the M-1 and special
19 uses in B districts, and then we are also
20 refining our definition .
21 What we found is the definition --
22 We ' re not increasing the amount of alcohol that
23 can be produced by these types of uses, but we ' re
24 trying to be synergenic with how the state does
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1 the measurement of how much they can produce .
2 We had it as not necessarily
3 gallons, but we had it listed per barrels, and so
4 when you do the comparison, we had like 55 , 000
5 barrels equivalent to 155, 000 gallons, so we are
6 just trying to keep the language the same, so
7 nothing really complicated .
8 This will end up actually going to
9 another committee because they have to review it
10 for liquor licensing codes , but this will just go
11 here for the public hearing for the text
12 amendment . Any questions? Okay .
13 CHAIRMAN HARKER : All righty. So moving
14 on to the PZC 2018-21 , United City of Yorkville,
15 Kendall County, Illinois , petitioner, is
16 proposing a text amendment to Chapter 3, general
17 zoning provisions of the United City of Yorkville
18 Zoning Ordinance to create a new subsection
19 regarding mobile food and retail vendor
20 vehicles .
21 The amendment will provide location
22 and operational standards after the required
23 business registration of the vendor and vehicle
24 for the food trucks and similar mobile vendors
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1 conducting business within the public
2 right-of-way and on private property.
3 MS . NOBLE : Okay . So I ' m going to
4 direct you straightaway to the end of the packet .
5 At the end of the packet there are three sheets
6 that were created and they talk about the three
7 different type of regulations that we are
8 proposing in this text amendment .
9 To give you a little bit of history,
10 food trucks have began to boon, you know, across
11 the nation actually as the start-up businesses
12 that people are venturing into, and they are not
13 just necessarily just food trucks, but they are
14 retail services as well .
15 So our current ordinance in zoning
16 is silent on these uses on private property, but
17 we do have some limited regulations in our
18 licensing section of our code that allow, you
19 know, for small vendors, be it push carts or ice
20 cream trucks , in the public way, but we ' ve never
21 defined when people have, you know, parties or
22 events where they have these food trucks on
23 private property, so we tried to establish some
24 criteria for three different sets of
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1 circumstances where you would see food trucks .
2 The first you would see is a food
3 truck in the public right-of-way, so parked on
4 the street or in a park. We do have some push
5 carts that, you know, sell hot dogs in the park,
6 but we also didn ' t have any specific regulations ,
7 they' d go to the Park and Recreation department,
8 Planning wouldn ' t necessarily see it, we didn ' t
9 know what times they operated and set any
10 specific criteria aside from the health
11 department, so what we tried to do in the first
12 stab is for in the public right-of-way .
13 We created some standards like you
14 can ' t leave the food truck unattended, they have
15 to be parked in, you know, the regular way that
16 you would legally park the vehicle, they can ' t
17 . operate within 500 feet of a K-12 school .
18 You don ' t want to run the risk of
19 having kids trying to get to an ice cream truck
20 or a food vendor, and that ' s since -- and that ' s
21 . only between the hours of seven and four, during
22 the regular school day.
23 They cannot be parked within 25 feet
24 from a street intersection, so there is an
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1 exhibit on the overhead that shows all of this in
2 graphic form.
3 And then food truck operators must
4 organize customers on the sidewalk side of the
5 street, so they can ' t be vending out of the
6 window to people in vehicles, and -- and they
7 have to clear a pathway, have a pathway, where
8 people can ill line up, provide a trash
9 receptacle because we don ' t want trash all over
10 the area .
11 And this is throughout the city, so
12 they can, you know, be parked within a business
13 area on a resi -- on a public street or they can
14 be parked in the downtown .
15 And then there is other regulations
16 I won ' t get too much into, but we do talk about
17 the length of the truck and how many parking
18 spaces they can take up and general information
19 related to that .
20 There is a fee component not
21 necessarily under your purview because this will
22 go to another committee for that, but we are
23 proposing a $200 application fee, and then that
24 covers the first truck, and if they have more
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1 under the same vendor, then it ' s $100 an
2 additional truck, and that ' s for an entire year .
3 So the second bucket of regulations
4 that we created was if you were to have it on
5 private property, so say you want to throw a
6 birthday party and maybe you want to do, you
7 know, cupcakes or something like that, then we
8 had no regulations for that, so we established
9 some regulations which deals with how we would
10 define it in zoning terms, temporary use .
I1 There is a maximum number of food
12 trucks you can have that we are proposing, as
13 Jason is showing on the overhead . Only one food
14 truck may operate on the site for every
15 525 square feet of paved area, so the trucks have
16 to be on a paved area .
17 Depending on the size, if they ' re
18 the smaller version, then they can, you know,
19 take up no more than two spaces of the parking
20 area; if they are a larger truck, probably
21 about -- no more than about four spaces .
22 There is areas, if they do want to
23 have seating, what the requirements would be, if
24 they wanted to offer some outdoor leisure space,
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1 and then if they ' re on private property, they
2 have to get a notarized letter from the property
3 owner saying that they can operate, and that is
4 the sticking point because we don ' t want people
5 just showing up, you know, and not having an
6 owner ' s knowledge .
7 There was a question in EDC when we
8 brought this about restrooms, availability to,
9 you know, have people go to the restroom, if we
10 were going to require port-o-lets, and we said
11 with this ordinance we were not going to have
12 that requirement because if they are off-site on
13 private property, you would assume that they
14 would have the ability to use the rest facilities
15 of whatever location, house or the business that
16 they are in, but if you have different opinions,
17 let me know. We can always incorporate that into
18 the ordinance .
19 They do have to get the
20 certification from the city clerk ' s office
21 similar to the ones that operate in the
22 right-of-way, and then the application fee is
23 25, so we ' re not trying to overly burden, you
24 know, the private property owner, and that covers
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1 the first truck, and then there is $10 on every
2 additional truck .
3 And then with regards to parking, no
4 matter how many food trucks they have, they
5 cannot take -- occupy more than 40 percent of the
6 required parking spaces, so you can still have
7 business operations coming in and out without the
8 food trucks intruding on that .
9 And the final section, you have a
10 food truck rally, so this is when you have more
11 than three food trucks at a particular location,
12 whether it ' s in the right-of-way, public
13 right-of-way, or on private property, and so we
14 define that .
15 We talk about the review process,
16 that these have to go through not only myself,
17 public recreation, public works, and the police
18 chief .
19 We also will have the fire
20 department review it under my review as well
21 because they would like to know ingress/egress,
22 nearest location of a fire hydrant, and things of
23 that nature .
24 If you have a truck rally, there
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1 will be required traffic control and pedestrian
2 safety measures that we would look for on your
3 plan because you will have to submit a plan .
4 There also will be an application
5 fee of $50 . Now, this $50 is for the entire
6 event, so it ' s not per vehicle, so you would just
7 let us know all the vendors that you have .
8 And we ask that you as the applicant
9 would send that in at least 30 days prior to the
10 event, give us time to circulate that, and you
11 can have as many -- I think it ' s -- we ' re not
12 limiting the amount of truck rallies you can have
13 on the site, but it ' s just $50 per event .
14 So if you have any questions, we can
15 take that later, but I tried to go through it as
16 quickly and as efficiently as possible .
17 CHAIRMAN HARKER: Okay. So do we have
18 to have a discussion prior to closing?
19 MS . NOBLE : Yeah, it would be best if
20 you have questions for the petitioner to do those
21 now while we are on the record and then you can
22 deliberate amongst yourselves after we close the
23 public hearings .
24 CHAIRMAN HARKER: Yeah, I apologize on
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1 that . I tried to make a change to the order and
2 it didn ' t quite work so well, so I apologize .
3 So if we can go back to PZC 2018-14 .
4 Mr . Murphy?
5 MR. MURPHY : Yes , sir .
6 CHAIRMAN HARKER: Do you want him to
7 come up to the podium or just stay there?
8 MS . NOBLE : He can stay there .
9 CHAIRMAN HARKER: Just a quick question
10 for you regarding that, with the Windett Ridge .
11 Do you think -- I mean, in your --
12 not that you have a crystal ball or anything, but
13 do you feel as if they are going to do -- What
14 are they going to do with this if they can ' t --
15 you know, 16 lots, you can ' t put, you know, a
16 quarter million dollar lift station in there for
17 that .
18 What ' s the long-term plan on that?
19 MR. MURPHY : Yeah, we have to be
20 , optimistic, you know. Personally I ' d like to see
21 ' a longer extension than the 2023 because you know
22 how time flies with the -- in what we ' ve seen for
23 the last ten years or so, so that is definitely a
24 : challenge, you know.
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1 Does the property next door -- I
2 mean, there ' s -- There are so many developed lots
3 and home sites at this point in time that that
4 really needs to be plated, and it really is going
5 to depend on how vigorous the sales go for
6 everybody .
7 But nonetheless , yeah, if you ' re
8 adding that lift station, probably adds $30, 000
9 plus or minus us to every single home site and it
10 just -- you know, we wouldn ' t be able to sell
11 them at that point .
12 So whether it ' s, you know, working
13 with the neighbor or, you know, somehow
14 development happens next door or at some point
15 maybe it becomes worthwhile to do that, but
16 three years is going to go by quickly, we know
17 that .
18 CHAIRMAN HARKER: Yeah.
19 MR. MURPHY : Three extra years, 2023 ,
20 it ' s four plus .
21 CHAIRMAN HARKER: So the south -- the
22 neighbors to the south or adjoining neighbors
23 down there, they ' re going to be -- if they put in
24 a subdivision or something, that would flow to
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1 your lift station then, it would make it more
2 cost effective to put it in to go, right,
3 something like that?
4 MR. MURPHY : From what I understand, it
5 think it becomes more of a gravity situation . I
6 think, you know, generally we try to avoid lift
7 stations . I think even the city tries to avoid
8 those where they can .
9 So it usually just takes -- it ' s
10 worthwhile to take advantage of gravity, and how
11 that plays out, again, depends on the market, how
12 hot the real estate market is over the next few
13 years, and, you know, even today there ' s recovery
14 to some extent, it ' s not what it was in 2004 or
15 2003, it just -- when I ' m sure this was in the
16 planning .
17 MS . NOBLE : Can I add something to the
18 conversation?
19 CHAIRMAN HARKER: Yeah, absolutely .
20 MS . NOBLE : So originally the project
21 had two phases -- actually three, so it was the
22 single family, then there was the towns, which
23 would be the townhome development, then there was
24 a commercial piece to it .
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1 After the property was lost through
2 foreclosure and it was purchased by CalAtlantic,
3 CalAtlantic purchased only the residential
4 portion, you don' t have a commercial portion,
5 correct?
6 MR. MURPHY : I don ' t believe so .
7 MS . NOBLE : They don ' t have a commercial
8 portion and they did not do the unplatted, which
9 is the townhome portion .
10 So if the project would have
11 developed the original course , what would have
12 happened is the second phase, which is the towns ,
13 would be developed and then they would have
14 addressed that gravity issue in some form or
15 fashion, but because they don ' t own that
16 property, in order to supply the sanitary sewer
17 to this location, they would probably have to
18 lose about three or four lots to do the lift
19 station on-site, and then --
20 MR. MURPHY : That ' s -- I think that ' s
21 accurate . So I was talking to Al Eriksson today
22 on the way here because he is infinitely more
23 knowledgeable about the site, but we were
24 projecting you might lose two or three home
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1 sites, so even take that number on each home
2 site, it ' s even a bigger number .
3 CHAIRMAN HARKER : Sure .
4 MS . NOBLE : And we tried to work some --
5 they had gone through the process of getting a
6 fabricator to do the pump, lift station pump, we
7 worked with them a couple -- for about a year or
8 so to kind of get this going and we just realized
9 it just wasn ' t going to happen.
10 The reason why we are limiting it to
11 the 2023 date is because the city ' s practice has
12 been not to go beyond 20 years with contracts .
13 Legally we can ' t go beyond 20 years
14 for annexation agreements . We can go a little
15 bit further with PUD ' s, but we have tried to
16 stick with that policy of not going longer than
17 20 years .
18 The original development was
19 approved in June, 2000, and then when they added
20 more lots to create a larger subdivision, it was
21 ' approved in 2002 , so we ' re trying to kind of be
22 mindful of that, that timeframe .
23 CHAIRMAN HARKER : Excellent . Anybody
24 else have any questions regarding that?
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1 No response . )
2 CHAIRMAN HARKER: No? Okay. Excellent .
3 Thank you .
4 MR. MURPHY : Thank you for listening .
5 Thank you .
6 CHAIRMAN HARKER: Okay. Mr . Kramer?
7 Going back to PZC 2018-18 , anybody
8 have any questions regarding the -- So really
9 what you ' re requesting is just that -- or what
10 you are proposing is that we just go until
11 February with this?
12 MR. KRAMER: I think that makes the most
13 sense --
14 CHAIRMAN HARKER: Yes .
15 MR . KRAMER : -- because then we would
16 see if anyone is here from the audience and you
17 would have additional comments back from EDC .
18 I mean, I can ' t presuppose what the
19 EDC members are going to say about Casey' s, if
20 they say gee, you know, 12 times and you ' ve
21 really done what we ' ve asked you to do, let ' s go
22 ahead the way the property sits, I mean, if
23 Casey ' s won ' t work with us -- and they ' re a fine
24 neighbor, we have no objection to them -- we
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1 think we ' ve got a right to go ahead .
2 Again, maybe on sober reflection it
3 should have been platted a little bit different
4 at the time, but if we couldn ' t build, it would
5 be an inverse condemnation, it would be a taking,
6 nobody wants that .
7 The city would rather have sales
8 tax, property taxes, so we ' re just hoping we can
9 work with Casey ' s and keep the city council
10 happy, and again, we don ' t think the ten foot
11 would hurt anybody, but, you know, that ' s up for
12 you and the city council to decide . You just get
13 a smaller building and we think a little bit
14 larger is more useful .
15 So I think February is fine .
16 MR . MARCUM: So are you contemplating a
17 two-story or three-story building?
18 MR. KRAMER : If we got the ten-foot
19 setback, they think two will do . If we didn ' t
20 get the ten-foot setback, they would probably in
21 all honesty do a three, Don .
22 MR. MARCUM: I see something in here
23 about remodeling spaces for parking doing a
24 three-story building, the paved area --
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1 MR. KRAMER : Well, again, it would be
2 a --
3 MR. MARCUM: A smaller building .
4 MR . KRAMER : -- smaller building, so
5 they would still have square footage enough and
6 could probably meet the parking, so that ' s where
7 it ties in as well, the square footage building
8 to the parking ratio .
9 MR. MARCUM: I didn ' t even realize
10 there was enough space next to Casey' s to do
11 anything . I was going to go by on the way here,
12 but I was a little tardy, so I didn ' t do that,
13 but . . .
14 MR. KRAMER: As I say, it ' s slim, but as
15 Greg worked out, and Krysti and Jason reviewed,
16 they can meet all the front and side setbacks,
17 the landscaping on 34 , everything lays out there,
18 but they ' ve got to be creative on the design of
19 the building .
20 MR. OLSON : I would prefer a full
21 comprehensive packet for the work on it .
22 CHAIRMAN HARKER : Yeah. Yeah .
23 MR. MARCUM: So not going to do
24 anything with that median on McHugh that ' s so
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1 annoying?
2 MR. KRAMER: It was interesting . We
3 made some comments about that because all of us
4 here I think at one time or another, I would
5 hope, being local, have gone either to
6 Blackstone or maybe have kids at the day care
7 center or any of the businesses on Veteran ' s
8 Parkway, I think it ' s ' s an absolute abominable
9 traffic flow, where you ' re directing traffic
10 around in front of a day care center with parents
11 and grandparents taking kids in and out, and
12 staff was good, they said gee, if you guys would
13 like to fund a traffic study to tell us how to do
14 it, we would listen .
15 MR. MARCUM: Well, I think that ' s a
16 splendid idea, Mr . Kramer . Why don ' t we go ahead
17 and do that?
18 Because I live at Park and McHugh, I
19 go down McHugh all the time . That irritating jog
20 and stuff, and then to get in and get out is just
21 annoying .
22 MR. KRAMER: Well, and have you ever
23 seen traffic backed up so far on McHugh that it ' s
24 sitting out in Route 34 , and I know that was long
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1 before this group was here , that was the fear of
2 the original city engineer at the time, and I
3 think it ' s come to pass, so I feel a little bit
4 like for the traffic study, we ' re paying somebody
5 10, 000 to borrow my wristwatch and tell me what
6 time it is .
7 I mean, I think staff could go over,
8 somebody from the police department, and watch
9 the traffic, and there is enough space to stack
10 and cut that median so people can go right
11 into -- or left into Veteran ' s Parkway, but
12 again, along with that, I ' m hoping our driveway
13 could be down by Casey' s because then there ' s
14 never going to be, you know, a problem with
15 stacking, where if our driveway isn ' t with
16 Casey ' s, it ' s more in the middle, okay, then
17 maybe, you know, if there were three cars trying
18 to getting in ours at once , you could have a
19 little problem, but I 'm with you, I think that
20 median should be cut or make a drive-over
21 median, but that ' s just an editorial comment .
22 Nobody has asked me to -- Well, yeah, they did.
23 They asked us to pay for a traffic study.
24 CHAIRMAN HARKER: Awesome . Okay. Thank
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1 you, Mr . Kramer .
2 MR. KRAMER: So we ' ll see you in
3 February . And, again, if for whatever reason we
4 need more time with Casey' s or EDC, we ' re going
5 to republish anyway, so it could even be March.
6 CHAIRMAN HARKER : Okay.
7 MR . KRAMER: You ' ll see us again . Thank
8 you very much .
9 CHAIRMAN HARKER: Thank you, Mr . Kramer .
10 Okay. Moving on to the brewery .
11 Any questions?
12 VICE-CHAIRMAN OLSON : How much field
13 work did you two do on this?
14 MS . NOBLE : Well, we knew it was
15 something that had to be done, but we -- we
16 got some feelers that it ' s something that may
17 come to the city and we just wanted to be
18 ' prepared .
19 VICE-CHAIRMAN OLSON : Okay . How much
20 field work did you two do?
21 MS . NOBLE : Oh. That would be probably
22 Jason .
23 VICE-CHAIRMAN OLSON : Jason?
24 MR. ENGBERG: None . Krysti did it .
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1 MS . NOBLE : No, it ' s not my thing . Not
2 my thing .
3 CHAIRMAN HARKER: Okay. Awesome . And
4 then the food truck, does anybody have any
5 questions regarding the food trucks text
6 amendment?
7 VICE-CHAIRMAN OLSON: Is the ordinance
8 for -- I ' ve been to a party in Yorkville before
9 where they had a taco tent in somebody ' s
10 driveway, right, where somebody had three girls
11 and they were just churning them out, it was a
12 commercial venture and they packed up the tent at
13 the end and left .
14 Where does a food truck start and a
15 taco tent end? Is it merely the truck?
16 MS . NOBLE : So, yes , there are a couple
17 of things . The food truck itself is an accessory
18 use . Vehicles can sometimes create a land use in
19 themselves, not just a building, so we were
20 trying to address how services are being provided
21 in the city and regulated .
22 VICE-CHAIRMAN OLSON : Does a tent?
23 MS . NOBLE : A tent would not because
24 think about it, we don ' t regulate lemonade
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1 stands, it ' s more temporary .
2 The use is not -- Even if it were
3 commercial in nature, it ' s not creating a land
4 impact to the site, it ' s in the driveway, but if
5 you have a vehicle which can be stationary and
6 parked somewhere, either on public or private
7 property, we do regulate that .
8 I think the tent -- if the health
9 department is not involved, then we would
10 probably not be .
11 VICE-CHAIRMAN OLSON : Then the bond, do
12 they have a bond if you' re not in the
13 right-of-way, but not a bond if you ' re in the
14 right-of-way?
15 MS . NOBLE : Yes, because what happens
16 when you are in the right-of-way, you assume your
17 liability is your vehicle insurance .
18 VICE-CHAIRMAN OLSON : Oh, okay.
19 CHAIRMAN HARKER: Excellent . Okay.
20 VICE-CHAIRMAN OLSON : All the pictures
21 are fantastic .
22 MS . NOBLE : Thank Jason. That ' s Jason,
23 all Jason .
24 CHAIRMAN HARKER: Great job . Since all
Vitosh Deporting Service
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PZC - January 9, 2019 - Public Hearing
39
1 the testimony and questions have been taken, can
2 I get a motion to close out of the public hearing
3 portion of tonight ' s Planning and Zoning
4 Commission meeting?
5 MR . VINYARD : So moved.
6 MR. MARCUM: Second.
7 CHAIRMAN HARKER: Can I get a roll call
8 vote on the motion, please?
9 MS . YOUNG: Yes .
10 Marcum.
11 MR. MARCUM: Yes .
12 MS . YOUNG: Olson .
13 VICE-CHAIRMAN OLSON: Yes .
14 MS . YOUNG : Vinyard .
15 MR. VINYARD : Yes .
16 MS . YOUNG: Goins .
17 MS . GOINS : Yes .
18 MS . YOUNG : Harker .
19 CHAIRMAN HARKER : Yes .
20 Awesome . Okay.
21 Which were all the
22 proceedings had in the
23 public hearing portion
24 of the meeting . )
Uitosh Reporting Service
815 . 993 .2832 cms .vitosh@gmail .com
PZC - January 9, 2019 - Public Hearing
40
1 STATE OF ILLINOIS )
SS .
2 COUNTY OF LASALLE )
3 I, Christine M. Vitosh, a Certified Shorthand
4 Reporter, do hereby certify that I transcribed
5 the proceedings had at the public hearing and
6 that the foregoing, Pages 1 through 40,
7 inclusive, is a true, correct and complete
8 computer-generated transcript of the proceedings
9 had at the time and place aforesaid .
10 I further certify that my certificate annexed
11 hereto applies to the original transcript and
12 copies thereof, signed and certified under my
13 hand only . I assume no responsibility for the
14 accuracy of any reproduced copies not made under
15 my control or direction .
16 As certification thereof, I have hereunto set
17 my hand this 3rd day February, A. D. , 2019 .
18
19
20 Christine M. Vitosh, CSR
Illinois CSR No . 084-002883
21
22
23
24
Vitosh Deporting Service
815. 993 .2832 cros.vitosh@gmail .com
41
PZC - January 9, 2019 - Public Hearing
3 adding[1]-27:8 area[7]-11:6,21:10, brewing[t]-17:12
addition[1]-11:3 21:13,22:15,22:16, Bridge[2]-8:13,
additional[5]-5:11, 22:20,32:24 10:19
10[1]-24:1 3[1]-18:16 7:5,22:2,24:2, areas[1]-22:22 bring[2]-12:1810,000[2]-7:16,30 01-25:9 31:17 aside[1]-20:10 bringing[1]-17:935:5 31[1]-5:14 additionally[2]-10:6, assume[3]-23:13, brought[1]-23:8
100[q-22:1 34[3]-10:11,33:17, 16:15 38:16,40:13 bucket[1]-22:3
200[1]-21:23 34:24 address[3]-8:13,attorney[2]-8:13,build[4]-6:15,12:6,
25[11-23:23 3rd[1]-40:17 10:19,37:20 10:20 13:22,32:4
30,000[1]-27:8 addressed[1]-29:14 audience[2]-8:17, build-out[1]-6:15
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adjoining[3]-7:2,availability[1]-23:8 11:23, 12:2,12:6,
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5 agenda[3]-4:10, 33:19,37:19
0 9:22,16:2 B burden[1]-23:23
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B-1[1]-16:9
19:1,21:12,23:15,
55,000[1]-18:4 7:15 B-2]1] 16:10 24:7
agreements]i]-
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6 30:14 B-4[1]-16:11 16:11, 16:24
agrees[1]-13:22 backed[1]-34:23 businesses[2]-
1[5]-6:12,6:14,6:17, ball[i]-26:12ahead[4]-8:23, 19:11,34:7
7:17,40:6 5[1]-16:5 31:22,32:1,34:16 Barksdale[1]-2:9 but..[11-33:131107A[2]-8:13,10:19
AI[5]-5:5,6:1,9:4, Barksdale-Noble[1] buying[1]-9:312[1]-31:20 7 9:8,29:21 2:9
155,000[2]-16:18,
alcohol[2]-17:13, barrels[2]-18:3, 18:5 c18:5
17:22 becomes[2]-27:15,
16[3]-6:13,7:6, 71[i]-5:16
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26:15 be
187[]-10:4
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8 allowable[q-10:7 behalf[3]-5:6,6:1,6:2,6:12,29:2,29:3
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2 amended[1]-16:16 behind[1]-11:11 calendar[1]-16:17
800[1]-1:17 amendment[10]-5:9, best[i]-25:19 cannot[2]-20:23,
2[3]-5:13,6:13,6:23 10:1,14:4, 16:4,better[2]-14:5,14:23 24:5
20(41-10:4,30:12, 9 16:12,18:12,18:16, between[2]-15:5, care[2]-34:6,34:10
18:21, 19:8,37:6 20:21 cars[i]-35:1730:13,30:17
beyond[2]-30:12, carts[2]-19:19,20:52000[1]-30:19 amount[z]-17:22, y
9[i]-1:22
25:12 30:13 case[3]-6:5,14:19,
2002[1]-30:21
2003[1]-28:15 AND[i]-1:10 bigger[1]-30:2 15:13
2004[i]-28:14
A annexation[1]-30:14 birthday[1]-22:6 Casey's[13]-12:24,
2013[i]-6:7 annexed[1]-40:10 bit[7]-11:24, 17:10, 13:2,13:12,13:22,
2018-14[3]-4:12,5:5, A.D[p]-40:17 annoying[2]-34:1,19:9,30:15,32:3,14:1,14:9,31:19,
26:3 ability[2]-7:14,23:14 34:21 32:13,35:3 31:23,32:9,33:10,
2018-18[3]-4:13,able 0]-27:10 answer[1]-15:11 Blackstone[i]-34:6 35:13,35:16,36:4
9:23,31:7 abominable[1]-34:8 anyway[2]-6:20, board[z]-14:14 category 0]-17:1
2018-19[2]-4:13,absolute[1]-34:8 36:5 board-on-board[i]- center[3]-14:11,
16:2 absolutely[1]-28:19 apologize[2]-25:24, 14:14 34:7,3410
2018-21[2]-4:13,Academy[11-12:3 26:2 bond[3]-38:11, Center[1]-11:12
p applicant[i]-25:8 38:12,38:13 certificate[i]-40:10
18:14 acceptance[q-6:17
boon[1]-19:10 certification[2]-
2019[2]-1:22,40:17 accessory[1]-37:17 application[5]-5:7,
2020[1]-7:14 accuracy[1]-40:14 9:24,21:23,23:22, booths[1]-12:19 23:20,40:16
2023[5]-5:14,7:13, accurate[1]-29:21 25:4 borrow[1]-35:5 Certified[11-40:3
26:21,27:19,30:11 acquisition[1]-6:10 applies[1]-40:11 boundary[1]-14:9 certified[2]-15:3,
25[i]-20:23 actual[1]-17:12 approvals[q-6:16 brew[3]-16:16, 40:12
approved[2]-30:19,261[q-6:13 add[i]-28:17
16:23,17:11 certify[2]-40:4,
added[i]-30:19 30:21 brewery[31-16:6, 40:10
architect[]-13:16 17:2,36:10 Chairman[2]-2:2,
Vitosh Reporting Service
815. 993 . 2832 cms.vitosh@gmail . com
42
PZC - January 9, 2019 - Public Hearing
2:3 3:10,39:4 30:20,37:18 different[s]-13:17,13:17
CHAIRMAN[45]-3:4, committee[5]-11:20, created[3]-19:6, 19:7,19:24,23:16, end[9]-7:14,7:23,
4:1,4:16,5:4,7:21, 12:23, 14:17, 18:9, 20:13,22:4 32:3 11:24, 13:2,18:8,
8:2,8:8,8:11,9:12, 21:22 creating[1]-38:3 dimensions[i]- 19:4,19:5,37:13,
9:16,9:20, 15:16, common[1]-14:8 creative[1]-33:18 10:24 37:15
15:19,16:1, 18:13, communities[1]-credit[1]-10:24 direct[1]-19:4 ended[1]-9:3
25:17,25:24,26:6, 17:7 criteria[2]-19:24,directed[q-13:9 Engberg[q-2:11
26:9,27:18,27:21, Community[i]-2:9 20:10 directing 01-34:9 ENGBERG[1]-36:24
28:19,30:3,30:23, comparison[1]-18:4 crystal[1]-26:12 direction[1]-40:15 engineer[2]-13:8,
31:2,31:6,31:14, competitive[1]-7:7 CSR[2]-40:20,40:20 Director[1]-2:10 35:2
33:22,35:24,36:6, complementary[1]- cupcakes[1]-22:7 discussion[2]-6:20, engineering[1]-6:16
36:9,36:12,36:19, 12:16 current[1]-19:15 25:18 engineers[1]-6:22
36:23,37:3,37:7, complete[2]-5:12, curve[i]-11:16 district[2]-10:9,17:5 entire[3]-15:2,22:2,
37:22,38:11,38:18, 40:7 customers[1]-21:4 Districts[2]-16:9, 25:5
38:19,38:20,38:24, completed[1]-6:19 cut[2]-35:10,35:20 16:11 entrance[2]-13:3,
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40:20 computer-generated
10:18 31:21,36:15 16:13
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32:9,32:12,35:2, contact[1]-13:4 24:14 drive-over[1]-35:20 exhibit[1]-21:1
36:17,37:21
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110 20:19 7:4,7:8,7:13,27:14, 38:6 February[4]-31:11,
Commission[3]-3:6, create[3]-18:18, 28:23,30:18 elevations[2]-11:20, 32:15,36:3,40:17
Vitosh Deporting Service
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43
PZC - January 9, 2019 - Public Hearing
fee[5]-7:13,21:20, general[2]-18:16, 11:19,15:1, 15:9, increasing[i]-17:22 Klincek[1]-8:16
21:23,23:22,25:5 21:18 15:22, 18:11,39:2, indicated[2]-13:7, knowledge[p]-23:6
feelers[1]-36:16 General[2]-16:8, 39:23,40:5 15:4 knowledgeable[1]-
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22:15 generated[1]-40:8 11:5, 11:6 information[i]- 8:9,8:12, 10:15,
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itoseportiiReportingng Service
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44
PZC - January 9, 2019 - Public Hearing
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months[1]-7:11
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Titosh Reporting Service
815. 993 .2832 cms.vitosh@gmail .com
45
PZC - January 9, 2019 - Public Hearing
physical[1]-6:24 projecting[1i-29:24 25:14,25:20,30:24, 20:6,21:15,22:3, road[1]-11:17
pictures[1]-38:20 property[21]-5:15,31:8,36:11,37:5,22:8,22:9 roll[2]-4:17,39:7
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plan[5]-3:20,9:1, 19:16, 19:23,22:5, quickly[2]-25:16,remodeling[1]-32:23 10:11,34:24
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Vitosh Deporting Service
815. 993 .2832 cros.vitosh@gmail . com
46
PZC - January 9, 2019 - Public Hearing
silence[1]-13:14 STATE[1]-40:1 13:24, 14:6,32:18, tried[8]-12:21, 13:4, V
silent[1]-19:16 state[3]-3:16, 10:21, 32:20 19:23,20:11,25:15,
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site[8]-22:14,23:12, 27:8,28:1,29:19,38:8 20:14,20:19,21:3, 14:8
25:13,27:9,29:19, 30:6 term[1]-26:18 21:17,21:24,22:2, vehicle[5]-18:23,
29:23,30:2,38:4 stationary[1]-38:5 terms[11-22:10 22:14,22:20,24:1, 20:16,25:6,38:5,
sites[2]-27:3,30:1 stations[1]-28:7 terrible[1]-9:5 24:2,24:10,24:24, 38:17
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Vitosh Reporting Service
815 . 993 .2832 cms .vitosh@gmail .com
47
PZC - January 9, 2019 - Public Hearing
witnesses[1]-3:24
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27:15,28:10
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18:18,39:3
Vitosh 1 eporting Service
815. 993 .2832 cms.vitosh@gmail . com
BACKGROUND:
Recently, changes have been made to the City’s regulations regarding single person massage
establishments which require them to obtain a license from the City. Previously, these types of
establishments were allowed to operate without a license, but have now been applying over the past
few months to comply with the new regulations.
The application for a massage license requires the submittal of a commercial occupancy permit to the
building department. This allows for a zoning review to be conducted within the process to ensure
that proposed land uses are permitted within their respective zoning districts. An existing business
submitted a commercial occupancy permit which states they are located in the O Office District. The
City’s code states that massage establishments are permitted in the B-1, B-2, B-3, and B-4 Business
Districts and not the O Office district.
This application has lead staff to evaluate the current standards and determine whether massage
establishments should be allowed in the O Office Districts. Staff is recommending that massage
establishments be permitted O Office District. Staff is making this recommendation based on the
existing similar uses permitted in the O Office District. Some of these permitted uses include
medical clinics, chiropractors, and other professional services. Since massage establishments are a
specific type of professional service, it stands to reason that massage establishments should be
permitted wherever professional service uses are permitted.
PROPOSED REVISIONS:
To allow massage establishments in the O Office District, Table 10.06.03 of Section 10-6-0 of the
Yorkville City Code must be amended. The following change to the table is being proposed (change
in red):
Use Category
Zoning Districts A-1 OS-1 OS-2 E-1 R-1 R-2 R-2D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Massage establishment - - - - - - - - - P P P P P - -
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Krysti J. Barksdale-Noble, Community Development Director
Date: February 6, 2019
Subject: PZC 2019-02 Massage Establishment Text Amendment
STAFF COMMENTS:
Staff is recommending approval of the proposed text amendment. This amendment will only change
the permitted use in the zoning ordinance. There are other changes being made to the massage
establishment requirements, but those are being handled in a different part of the municipal code and
are not a part of this request.
PROPOSED MOTION:
In consideration of testimony presented during a Public Hearing on February 13, 2019, the
Planning and Zoning Commission recommends approval to the City Council of a request to
amend Section 10-6 of the United City of Yorkville Zoning Ordinance as presented by staff in a
memorandum dated February 6, 2019 and further subject to {insert any additional conditions of
the Planning and Zoning Commission}…
ATTACHMENTS:
1. Public Hearing Notice
2. Draft Ordinance
PUBLIC NOTICE OF A HEARING BEFORE
THE UNITED CITY OF YORKVILLE
PLANNING AND ZONING COMMISION
NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall
County, Illinois, petitioner, is proposing a text amendment to Chapter 6: Permitted
and Special Uses to add licensed “massage establishments” as a permitted use in
the O-Office District. Currently massage establishments are a permitted use only
in business districts.
NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for
the United City of Yorkville will conduct a public hearing at a meeting on said
amendments on Wednesday, February 13, 2019 at 7 p.m. at the Yorkville City
Hall, located at 800 Game Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without
further notice being published.
All interested parties are invited to attend the public hearing and will be given an
opportunity to be heard. Any written comments should be addressed to the United
City of Yorkville Community Development Department, City Hall, 800 Game
Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public
hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall
County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
Ordinance No. _____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AMENDING THE YORKVILLE ZONING ORDINANCE BY ALLOWING
MASSAGE ESTABLISHMENTS INTO THE OFFICE ZONING DISTRICT
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
allow Massage Establishments in the City’s O, Office zoning district; and,
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on February 13, 2019, to consider the request and made Findings of Fact and Recommendations
to the City Council to approve the requested text amendment.
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 Table 10.06.03 of the United City of Yorkville Zoning Ordinance of the
Yorkville City Code be and is hereby amended by adding as a permitted use “Massage
Establishment” in the following zoning district:
“O, Office District”
Section 4: 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 ______
2
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _______________, 2019.
____________________________________
Mayor
BACKGROUND AND PROJECT DESCRIPTION:
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. Lot 187 is generally located at the
southwest corner of the intersection of US Route 34 and McHugh Road.
STAFF RECOMMENDATION:
The petitioner and staff are still attempting to contact the adjacent property owner, Casey’s General Store,
to discuss shared access to the site. Staff is recommending continuing this item to the March 13, 2019
Planning and Zoning Commission meeting to provide more time for a response. Staff will attempt to
contact the owners by mail, e-mail, and phone but if no response is received, then it will be presumed that
the owner has no interest in allowing access. If there is no response to either the petitioner or City staff
then the Planning and Zoning Commission will make their recommendation at the March 13, 2019
Planning and Zoning Commission meeting.
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Bart Olson, City Administrator
Krysti Barksdale-Noble, Community Development Director
Date: February 6, 2019
Subject: PZC 2018-18 Heartland 3rd PUD Amendment (Text Amendment)
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.
During the review process, there were several requests and comments made by staff and committee members.
The petitioner is pursuing these requests but is being delayed by external forces. Once the outside issue is
resolved, the petitioner will submit the requested materials. The following information is to provide the Planning
and Zoning Commission with an overview of where this project currently stands.
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: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: December 6, 2018
Subject: PZC 2018-18 Heartland 3rd PUD Amendment (Text 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 must 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 later 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 indicates a 2 or 3 story building with a
maximum of 45’ in height
Maximum Lot Coverage 80% Concept Plan shows 51% lot coverage
Front Yard Setback 50’ Ord. 1999-30 established a Front Yard Setback of 30’
Concept plan shows a 30’ setback
Side Yard Setback 20’ This is being proposed to be reduced to 10’
Concept plan shows a 10’ setback
Corner Side Yard Setback 30’ Concept plan shows a 30’ setback
Rear Yard Setback 20’ Concept plan shows the structure over 100’ from rear lot line
The proposed concept plan meets all of the criteria for bulk regulations (including the proposed side yard setback
reduction).
Massing
The general location and size of the property only allows for construction of a small building structure within the
envelope. To take advantage of the largest part of the building envelope, the structure would have to be placed at
the very front of the parcel. To envision how the structure would relate to other properties, a rough example has
been generated. It should be noted that the building represented below is the maximum size the petitioner has
illustrated.
LOOKING SOUTH
LOOKING EAST LOOKING WEST
5
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.
Staff is requesting the petitioner to indicate a definite 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 as part of the
building permit process.
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 yet provided any details of the fence or the purpose for the increase in
height. Once the petitioner provides information regarding any hardships the property creates and the
need for additional screening height, staff will review before making a recommendation.
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. Therefore,
if this request is approved, an amendment to the Yorkville Comprehensive Plan will be necessary to change
the future land use to the most appropriate land use designation of Destination Commercial. The
Comprehensive Plan characterizes Destination Commercial as a variety of low-scaled auto oriented
commercial uses including offices and for properties generally located along Route 47 and Veterans
Parkway.
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 has recommended 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.
6
Committee members from the Economic Development Committee voiced a similar concern for safety with
access along McHugh Road. At the November 6, 2018 meeting, committee members suggested that access
should be provided through the Casey’s General Store to the west. This would allow access to the property
through Casey’s parking lot off of McHugh Road and Route 34 which would limit the amount of additional
traffic and turning movements along McHugh Road. Committee members were skeptical about increasing
the amount ingress and egress points on an already busy McHugh Road. Staff agrees with the committee’s
suggestion and has directed the petitioner to develop a plan that connects their property with the adjacent
property.
The petitioner has made several efforts to contact Casey’s General Store to see their interest in allowing
access off their property. The petitioner has contacted the owner’s and project engineer to receive their
decision and the parties have not made a decision as of today. This is the main reason that the petitioner
is waiting to complete the rest of the requested materials. Once this issue is resolved and a decision is
made, the petitioner will move forward accordingly.
ECOMINC DEVELOPMENT COMMITTEE:
The Economic Development Committee reviewed the proposed amendment on November 6, 2018. As stated
previously, the committee made several suggestions that access off of McHugh Road should be avoided.
Additionally, the committee requested more detailed architectural plans be submitted to help the committee
understand what the petitioner is trying to accomplish. Since this is part of a Planned Unit Development
Agreement, the architectural features and site plans may be reviewed and required by reviewing bodies. Staff
agrees that additional architectural and potential massing exhibits should be created before moving
forward with this request. As stated before, the petitioner is waiting for a response from Casey’s General
Store before moving forward with drafting more detailed plans as it could affect the final design.
STAFF COMMENTS:
Since all of the necessary documentation has not yet been submitted due to external factors, staff is
recommending that the public hearing for this request be continue at the February 13, 2018 Planning and
Zoning Commission meeting. This should provide enough time for the petitioner to get their response from
Casey’s and create the requested materials for submission.
PROPOSED MOTION:
Based upon information provided by staff in a memorandum dated December 6, 2018, and testimony provided
at the December 12, 2018 Planning and Zoning Commission meeting, the Planning and Zoning Commission
moves to continue the public hearing for PZC 2018-18 to the regularly scheduled February 13, 2018 Planning
and Zoning Commission meeting.
ATTACHMENTS:
1. Petitioner Application with attachments
2. EEI September 25, 2018 Review Memo
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLANNING & ZONING COMMISSION
PZC 2018-18
NOTICE IS HEREWITH GIVEN THAT Marker, INC, petitioner has filed an application with
the United City of Yorkville, Kendall County, Illinois, 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. The real property is located at the southwest corner of the McHugh Road
and Route 34 intersection in Yorkville.
The legal description is as follows:
LOT 187 IN HEARTLAND IN YORKVILLE UNIT 1, BEING A SUBDIVISION OF PART
OF THE WEST HALF OF SECTION 27 AND PART OF THE EAST HALF OF SECTION 28,
TOWNSHIP 37 NORTH RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
BRISTOL TOWNSHIP, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY
16, 2001 AS DOCUMENT NO. 200100002570 IN KENDALL COUNTY, ILLINOIS
PINs: 02-28-252-013
NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United
City of Yorkville will conduct a public hearing on said application on Wednesday, November 14,
2018 at 7 p.m. at the United City of Yorkville, City 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.
Application and information materials regarding this notice are available for public review and
any questions or written comments should be addressed to the United City of Yorkville
Community Development Department, City Hall, 800 Game Farm Road, Yorkville, Illinois. All
interested parties are invited to attend the public hearing and will be given an opportunity to be
heard.
By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
Proposed Request:
The petitioner, Boombah Inc., is seeking final plat approval to resubdivide Lot 3 of the Yorkville
Business Center, an approximately 21-acre parcel. Located in the southwest quadrant of IL Route 47 (N.
Bridge Street) and Boombah Boulevard, this parcel was part of the original Inland Land/F.E. Wheaton
Annexation Agreement approved by the City of Yorkville in 1995. Currently, the parcel is improved with
two (2) buildings zone d B -3 General Business District utilized by Boombah Inc. for their custom athletic
apparel business operations.
Proposed Final Plat of Resubdivision:
As proposed, the approximately 21-acre parcel will be resubdivided into four (4) separate lots as
defined below:
PARCEL DESCRIPTION LOT SIZE ACCESS AVAILAB LE
Lot 1 New Parcel/Unimproved 49,562 sq. ft
(1.138 acres) Existing access from Boombah Blvd.
Lot 2 New Parcel/Existing Building 570,264 sq. ft
(13.091 acres)
Existing access from Boombah Blvd.
Requires supplemental access easement from Lot 1
to connect Boombah Blvd for accessory truck
traffic.
Lot 3 New Parcel/Existing Building 252,114 sq. ft.
(5.788 acres)
Existing access from Boombah Blvd and private side
road.
Lot 4 New Parcel/Unimproved 26,291 sq. ft
(1.292 acres) Future access from extension of private side road.
Memorandum
To: Planning and Zoning Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: February 6, 2019
Subject: PZC 2019-01 204 Boombah Blvd – Lot 3 of Yorkville Business Center
Final Plat of Resubdivision Approval
The proposed Final P lat of Resubdivision has been reviewed by the City’s engineering consultant,
Engineering Enterprises Inc., for compliance with the Subdivision Control Ordinance’s Standards for
Specification. Comments dated Janua ry 24, 2019 were provided (see attached) and have been responded
to by the petitioner’s engineer, HR Green in a resubmitted Final Plat of Resubdivision dated 02/01/19.
The subsequent EEI engineering review , has found the submitted plans in genera l conformance with the
City’s requirements and standard engineering practices .
Staff Comments :
Based upon the review of the proposed Final Plat of Resubdivision of Lot 3 in the Yorkville
Business Center , staff believes the submitted plans are consistent with the approved development site plan
and the current subdivision control regulations . Therefore, we recommend approval of the final plat of
resubdivision as currently presented.
Proposed Motion:
In consideration of the proposed Final Plat of Resubdivision of Lot 3 in the Yorkville Business Center ,
the Planning and Zoning Commission recommends approval of the plat to the City Council as
presented by the Petitioner in a plan prepared by HR Green, dated last revised February 1, 2019 , and
further subject to {insert any additional conditions of the Planning and Zoning Commission}…
Attachments:
1. Copy of Petitioner’s Application
2. Final Plat of Resubdivision of Lot in the Yorkville Business Center prepared by HR Green date last revised
02/01/19.
3. EEI Letter to the City dated January 24, 2019 re: Boombah, Lot 3 – Final Plat .
4. Plan Council packet materials from January 10, 2019
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-3436
AppliCAtion For lot
replAtting (re-SUbdividing)
Purpose of Application
The purpose of the Subdivision Control Ordinance is to regulate the orderly division of land into two (2) or
more lots or parcels by protecting the interests of the landowner, the city and the general public. The process
for applying for lot re-platting or “re-subdividing” land allows for the review of a proposed layout of the
divided lots and establishes standard design specification to ensure adequate roadways for safe and efficient
traffic circulation is provided; safeguard against flood damage; promotes access and availability of utilities;
and requires the provision of other necessary public improvements. However, there are some instances where
an application for replatting is not required as the type of resubdivision is deemed exempt. Refer to Section
11-1-4 of the Subdivision Control Ordinance for those circumstances.
This packet explains the process to successfully submit and complete an Application for Resubdividing a Lot.
It includes a detailed description of the process and the actual application itself (Pages 7 and 10). Please type
the required information in the application on your computer. The application will need to be printed and
signed by the applicant. The only item that needs to be submitted from this packet is the application. The rest
of the packet is to help guide you through the process unto completion.
For a complete explanation of what is legally required throughout the Replatting process, please refer to “Title
11 Subdivision Control” of the Yorkville, Illinois City Code.
1
Procedure Flow Chart
Step 2
Plan Council Presentation Review
(Meets 2nd and 4th Thursday of the month)
Step 3
Plan Commission Review
(Meets 2nd Wednesday of the month)
Step 4
Economic Development Committee Review
(Meets 1st Tuesday of the month)
Step 5
City Council Review
(Meets 2nd and 4th Tuesday of the month)
Step 6
Final Plat Recording
(City’s Clerk Office)
2
Application Procedure
Step 1
Submit Application, Fees, and All Pertinent Information to the
Community Development Department
Application Procedure
Step 1
Application Submittal
The following must be submitted to the Community Development Department:
2 orignal signed applications with legal description.
5 copies each of the application, proposed drawings, location map, site plan.
Appropriate filing fee. (See attached Fee Sheet on page 6)
1 CD containing an electronic copy (pdf) of each of the signed application (complete with ex-
hibits), proposed drawings, location map, and site plan.
Subdivision Plats: 15 copies depicting the originally platted lots, the proposed new lots, the
proposed modifications and adjustments. 5 of the copies must be full size while the remaining
10 must be 11” by 17”.
Within one (1) week of submittal, the Community Development Department will determine if the aplication
is complete or if additional information is needed. These materials must be submitted a minimum of 45 days
prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the
project.
Applicant is responsible for making submittals to other review agencies such as Kendall County, Illinois
Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc.,
to allow timely review by the City.
Applicant will be responsible for payment of recording fees and public hearing costs, including written
transcripts of the public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator,
environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these
fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility form is attached to this
document and must be submitted with the application.
•
•
•
•
•
3
Step 2
plan Council
Applicant must present the proposed subdivision re-plat to the Plan Council. The Plan Council meets on
the 2nd and 4th Thursday of the month. The members of the Council include the Community Development
Director, City Engineer, the Building Department Official, the Public Works Director, the Director of Parks and
Recreation, a Fire Department Representative, and a Police Department Representative. Upon recommendation
by the Plan Council, applicant will move forward to the Plan Commission hearing.
Application Procedure
Step 3
Step 4
economic development Committee
Applicant must present the proposed plan to the Economic Development Committee. Economic Development
Committee meets at 7:00 p.m. on the 1st Tuesday of each month. This session is to discuss and consider
recommendations prior to full City Council considerations and provide informal feedback. The Economic
Development Committee will submit its recommendation to Cit Council.
Step 5
City Council
Applicant must present the proposed subdivision replat to the City Council. The City Council meets the 2nd
and 4th Tuesdays of every month at 7:00 p.m. in the Yorkville City Hall Council Chambers. The proposal will
be discussed at the City Council hearing where formal voting takes place. City Council will make the final
approval of the replatting.
4
plan Commission
Applicant will attend a public hearing conducted by the Plan Commission. The Plan Commission meets on the
2nd Wednesday of the Month at 7:00pm. Notice will be placed in the Kendall County Record by the United
City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property
owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the
public hearing date. Twenty Four (24) hours prior to the public hearing, a certified affidavit must be filed by
the applicant with the Community Development Department containing the names, addresses and permanent
parcel numbers of all parties that were notified. The Plan Commission will conduct a public hearing on the
request, take public comments, discuss the request, and make a recommendation to City Council.
Step 6
Final plat recording
Once the final subdivision plat is approved by the City Council and all required documents, bonds, and letters
of credit are submitted to the city, the final plat must be recorded with Kendall County. Submit the final plat
mylar to the Deputy Clerk for signatures. When all city signatures are in place, the developer or his surveyor
may take the mylar to the Kendall County Clerk for their signature. The next step is to have six (6) paper prints
made and return to the Kendall County Recorder’s office for recording. Kendall County requires the mylar and
4 paper copies. The City of Yorkville requires that you submit 2 recorded paper copies to the Deputy Clerk.
Application Procedure
5
Dormant Applications
The Community Development Director shall determine if an application meets or fails to meet the requirements
stated above. If the Director determines that the application is incomplete it will become dormant under these
circumstances:
The applicant has been notified of such deficiencies and has not responded or provided a time line for
completing the application within ninety (90) days from the time of notification.
The applicant has not responded in writing to a request for information or documentation from the
initial plan commission review within six (6) months from the date of that request.
The applicant has not responded to a request for legal or engineering deposit replenishment for city
incurred costs and fees within ninety (90) days from the date of the request.
If the Community Development Director has sent the required notice and the applicant has not withdrawn their
application or brought it into compliance, then the director shall terminate the application. After termination,
the application shall not be reconsidered except after the filing of a completely new application.
Withdrawal or termination of an application shall not affect the applicant’s responsibility for payment of any
costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city
that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011-34, 7-26-2011)
•
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•
INVOICE & WORKSHEET
PETITION APPLICATION
CONTACT: DEVELOPMENT/ PROPERTY:
____________________________________ ________________________________________
_____________________________________ Acreage: ______________
_____________________________________ Date: _____________
Concept Plan Review: [ ] Yes [ ] No $____________
Engineering Plan Review Deposit of $500 due
Amendment: [ ] Yes [ ] No $____________
$500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD)
Annexation: [ ] Yes [ ] No $____________
$250.00, plus $10/acre for each acre over 5.
# of acres: ________ - 5 = ________ x $10 = ________ + $250
Rezoning: [ ] Yes [ ] No $____________
$200.00, plus $10/acre for each acre over 5.
# of acres: ________ - 5 = ________ x $10 = ________ + $200
If annexing and rezoning, charge only 1 per acre fee.
If rezoning to a PUD, charge PUD Development Fee- not Rezoning Fee.
Special Use: [ ] Yes [ ] No $____________
$250.00, plus $10/acre for each acre over 5.
# of acres: ________ - 5 = ________ x $10 = ________ + $250
Mile and ½ Review: $250.00 [ ] Yes [ ] No $____________
Zoning Variance: $85.00 [ ] Yes [ ] No $____________
Outside Consultants deposit of $500.00 due
Preliminary Plan Fee: $500.00 [ ] Yes [ ] No $____________
P.U.D. Fee: $500.00 [ ] Yes [ ] No $____________
Final Plat Fee: $500.00 [ ] Yes [ ] No $____________
Engineering Plan Review Deposit: [ ] Yes [ ] No $____________
[ ] Less than 1 acre = $1,000 due
[ ] Over 1 acre and less than 10 acres = $2,500 due
[ ] Over 10 acres and less than 40 acres = $5,000 due
[ ] Over 40 acres and less than 100 acres = $10,000 due
[ ] Over 100 acres = $20,000 due
Outside Consultants Deposit: [ ] Yes [ ] No $____________
Legal, Land Planner, Zoning Coordinator, Environmental Services
Annexation, subdivision and Special Use:
[ ] Less than 2 acres = $1,000 due
[ ] Over 2 acres and less than 10 acres = $2,500 due
[ ] Over 10 acres = $5,000 due
TOTAL AMOUNT DUE: $____________
Word/ O Drive/ Dev. Dep. ARO/ Fee Sheet Wkst
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-7575
Property Street Address
Property Existing Zoning
Property Total Acreage Number of Lots to be Created
proposed lot Areas and dimensions
Application For Lot Replatting (Re-Subdividing)
7
Property Information
Lot Number Lot Dimensions (W x L, in ft.)Lot Area (sq. ft.)
Name of Applicant(s)
Business Address
City State ZIP
Business Phone Business Fax
Business Cell Business E-mail
Applicant Information
StAFF USe onlY
Date of Submission PC#
Development Name
Attorney
Name
Address
City State ZIP
Phone Fax
E-mail
engineer
Name
Address
City State ZIP
Phone Fax
E-mail
land planner/Surveyor
Name
Address
City State ZIP
Phone Fax
E-mail
Application For Lot Replatting (Re-Subdividing)
8
Additional Contact Information
AgreementAttachments
Applicant must attach a legal description of the property to this application and title it as “Exhibit A”.
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Illinois Professional Design Firm # 184-001322
651 Prairie Pointe Drive, Suite 201,
Yorkville, Illinois 60560
t. 630.553.7560 f. 630.553.7646
www.hrgreen.com1 OF 2PIN: 02-17-400-012BOOMBAHBOULEVARDCOMMERCIAL
DRIVECOMMONWEALTH EDISON R.O.W.LOT 4YORKVILLE BUSINESS CENTER
LOT 3YORKVILLE BUSINESS CENTERDOCUMENT 200000013808CERTIFICATES OF CORRECTION:200000014055, 200000014761 & 200000015028LOT 149,562± SQ.FT.1.138± ACRESLOT 2570,246± SQ.FT.13.091± ACRESLOT 3252,114± SQ.FT.5.788± ACRESLOT 426,291± SQ.FT.1.292± ACRES
PIN: 02-17-400-012Illinois Professional Design Firm # 184-001322
651 Prairie Pointe Drive, Suite 201,
Yorkville, Illinois 60560
t. 630.553.7560 f. 630.553.7646
www.hrgreen.com2 OF 2
I have reviewed the application for Final Plat approval received November 14, 2018 as
submitted by HR Green on behalf of Boombah, Inc., Petitioner, as well as a Final Plat of
Resubdivision prepared by HR Green, Inc. dated last revised 08/16/18.
The petitioner is seeking Final Plat approval for an approximately 21-acre site located in the
southwest quadrant of IL Rte 47 (N. Bridge St.) and Boombah Blvd. Based upon my review of the
application documents and plans; I have compiled the following comments:
GENERAL ZONING/PLANNING COMMENTS:
1. ZONING - 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 OS-1 Open Space (Passive)
B-3 General Business District (Yorkville Business Center)
Wheaton Woods Park
Commercial
South Public Utilities ComEd right-of-way
BNSF Railroad
East B-3 General Business District (Yorkville Business Center) Undeveloped
West M-1 Limited Manufacturing District Undeveloped
2. AERIAL OVERLAY – Staff is requesting an aerial overlay of the proposed
resubdivision of land, as there are two (2) existing buildings on Lots 2 and 3 which also
have parking lots. Please provide a calculation of the parking that will be provided on
each parcel after the proposed resubdivision as well building setback dimensions for each
resubdivided lot.
3. BUILDING SETBACKS – the following building setbacks are for parcels zoned B-3
General Business District:
BUILDING SETBACK REQUIRED MINIMUM PROPOSED SETBACK
Side/Corner Yard Setback 20’/30’ 25’ (East/West)
Front Yard 50’ 25’ (North)
Rear Yard/Transitional
Yard 20’/30’ Unknown (South)
Memorandum
To: Plan Council
From: Krysti Barksdale-Noble, Community Development Director
Date: December 5, 2018
Subject: PC 2019-01 204 Boombah Blvd – Lot 3 (Final Plat)
Proposed Resubdivision of Approximately 21-acres
According to the proposed Final Plat, there is a building setback of 25 feet which
references recorded document 200000013808 & 9507157. However, per Ordinance
No. 1995-5 which annexed the original development, any approved bulk regulations
for this development were locked into place until the term of the document. The
annexation agreement (Ord. No, 1995-5) expired March 23, 2015. Therefore, the
proposed new lots will have to meet the current building setback standard.
4. MAXIMUM BUILDING HEIGHT - Maximum building height for the B-3 District is
80 feet.
5. MAXIMUM LOT COVERAGE – Per Section 10-7-1 of the Yorkville Zoning Code,
the maximum lot coverage for the B-3 General Business District (inclusive of sidewalks,
parking areas and all impervious surfaces) is 80%.
6. FINAL SUBDIVISION PLAT – Refer to engineer’s comments.
Proposal Summary
Staff has reviewed a request from Kane County Development Department with the subsequent
documents attached. The property is located within one and a half miles of the Yorkville Municipal
Boundary which allows us the opportunity to review and provide comments to Kane County.
The petitioners, Forest Preserve District of Kane County, are requesting a map amendment to rezone
a 5 acre portion of the property from the F District Farming to the F-1 District-Rural Residential.
There are no proposed changes to any parts of this property. The entire 82.71 acre property is
located in between Galena Road and Jericho Road along Jeter Road which is located northwest of
Yorkville.
Memorandum
To: Economic Development Committee
From: Jason Engberg, Senior Planner
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: December 18, 2018
Subject: PZC 2019-04 – Kane County 95661 Jeter Road (Rezone) 1.5 Mile Review
The purpose for the rezoning of this property is to preserve the existing residential and farmhouse
structures on the property while enabling either development or preservation for the existing
farmland. As stated in the Kane County Zoning Ordinance:
Sec. 8.2. F1 District–Rural Residential
8.2-1 Purpose
The Kane County Board has established and adopted as a long-range goal, the
preservation of prime agricultural land and has implemented this long-range goal
through the adoption of a Comprehensive Plan and a Zoning Ordinance. However,
the County Board is aware that some of the land indicated as agriculture in the
Comprehensive Plan and zoned for agriculture will not be utilized as such because of
soil productivity, vegetation, topography, man-made barriers, etc. The Rural
Residential District is intended only for single-family residences and only for those
areas indicated in the Comprehensive Plan for agriculture and for those areas therein
shown to be unsuitable for such use.
To summarize, the County is following through on their Comprehensive Plan initiative to preserve
historic rural residential structures without inhibiting future development opportunities.
As illustrated in the picture to the
right, the red outlined section will
be separated and zoned as F-1 to
preserve the existing rural
residential structures.
The petitioner is the Forest
Preserve of Kane County and plans
to sell this part of the property to a
potential homeowner. Staff has
discussed this request with the
Zoning Department from the
County and they stated the Forest
Preserve does not plan on leasing
or renting this space.
Therefore, if the request is
approved, the short and long term
plans for this property will remain
the same as the current use.
Yorkville Comprehensive Plan
Yorkville’s current 2016
Comprehensive Plan designation
for this property is not stated. This
property is within a mile and a half
of the City’s current boundary but
this property is not within the
Planning Boundary of the Comprehensive Plan. The northwest corner of the City’s Planning
Boundary is the intersection of Baseline Road and Eldamain Road. Kane County has given us the
courtesy of review since it is within one and a half miles of the current municipal boundary.
Therefore, the City of Yorkville has no future land use designation for this property.
Future Land Use Map
Staff Recommendation & Comments
Staff has reviewed the request for rezone and does not have an objection to the petitioner’s request.
Staff is seeking input from the Economic Development Committee for this request. This review will
also be brought to the Planning and Zoning Commission at the February 13, 2018 meeting. This item
was delivered to the City on December 7, 2018 with feedback requested prior to Kane County Board
consideration.
Attachments
1. Application with Attachments
Summary
The Planning and Zoning Commission expressed an interest in having training sessions
on a variety of specialized topics which would further aid them in the performance of their duties
recommending entitlements for land development, overseeing the Comprehensive Plan and
making amendments to the Zoning Ordinance for the City of Yorkville.
In that regard, staff is proposing a series of planning "primers" specifically tailored to
Planning and Zoning Commissioners at the end of each meeting on a quarterly schedule. Each
primer will last about 15-20 minutes, will be presented by staff or a qualified professional and
cover a different subject matter as tentatively scheduled below:
DATE SERIES TOPIC PRESENTER
Spring 2019 Construction Plan Basics for Planning & Zoning
Commissioners Commissioner Jeff Olson
Summer 2019 Civil Engineering Basics for Planning & Zoning
Commissioners Engineering Enterprises, Inc.
Fall 2019 Urban Design Basics for Planning & Zoning
Commissioners
Jason Engberg & Krysti
Barksdale-Noble
Winter 2019 Economic Development Basics for Planning &
Zoning Commissioners
Lynn Dubajic, Economic
Development Consultant
If you would like to discuss the issues to be covered in these primers or have suggestions for
future training sessions, staff will be available at Wednesday night’s meeting.
Memorandum
To: Planning and Zoning Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Jason Engberg, Senior Planner
Date: February 6, 2019
Subject: Planning & Zoning Commissioner’s Training Series 2019
CITY OF
YORKVILLE
YEAR IN REVIEW
2018
Community Development Department
February 13, 2019
Contents
I.Executive Summary
II.Building & Development
a.Permits
b.Foreclosure Data
c.Current Development Projects
III.Land Use Planning
a.Applications & Petitions
b.Historic Analysis
IV.Comprehensive Planning
a.Implementation Status
b.Downtown Overlay District
c.Neighborhood Design Manual
d.Industrial Development Focus
Group
V.Future Goals -2019
Executive Summary
Over the past year,the Community Development Department,
which serves as the liaison between the City Council and the City’s
appointed boards/commissions that are tasked with reviewing
development proposals and requests for certain relief of zoning
standards,has had several major accomplishments to share.We
also have worked to proactively address challenges that may have
previously impeded the efficiency of the approval process for
developers and remedy inconsistent or unduly burdensome
regulations for our residents.
All efforts were done with an eye towards encouraging future
growth and orderly development within Yorkville.Therefore,this
report highlights the role the Planning and Zoning Commission
(PZC)has had in achieving those accomplishments,as well as an
introduction of goals for the year ahead which includes the following:
There were a total of 1,006 Building Permits issued in 2018.
260 new residential housing starts.
Foreclosures continued a steady decline with 56 newly filed
foreclosures in 2018.
Large development projects recently approved or under
construction include: Yorkville Christian High School, Burger
King, Flight Tasting Bar & Bottle Shoppe, Capitano’s Deli,
YPAC Downtown Campus, Bella Donna Tea & Coffee and
Raging Waves Waterpark expansion.
There were 14 applications for 19 various planning and
zoning related requests filed in 2017.
Continued implementation of the Comprehensive Plan with
several projects underway, such as Downtown Overlay
District & Form-based Code, Neighborhood Design Manual,
Downtown Wayfinding signage installation and an Industrial
Development Forum.
Unified Development Ordinance (UDO) RFP.
Buildings & Development
Below are some highlights from the Community Development
Department in calendar year 2018:
Building permit figures:
260 new housing starts (224 Single Family Detached and 36
Single Family Attached)
1,006 total building permits issued in calendar year 2018.
Total permit fees collected (all types) $2,530,251.39
Total Construction Value $55,543,825.00
Average BUILD permit home construction value $244,612.57
Average Single Family Detached permit (non-BUILD) construction
value $157,238.34
Successfully concluded the BUILD program in 2018 with a total of
428 permits between the years of 2012-2018.
0
100
200
300
400
500
600
700
800
Building Permits Issued
BUILD
Single Family
Foreclosure Data
The number of total foreclosures from 2017 to 2018 decreased
by approximately 8%. In total, there were 61 newly filed
foreclosures in 2017 and 56 in 2018, a decrease by five (5) less
filings. While this represents a marginal decline in new
foreclosure filings, the overall effect appears to represent
stabilization in the housing market for Yorkville.
Foreclosure Data
Foreclosure Data
Foreclosure Data
According to RealtyTrac Illinois has a newly filed foreclosure rate of 1 in
every 1,420 (down from 1 in every 1,196 in 2017).In 2018,Kendall
County is no longer ranked in the top 5 counties with the highest rates
of foreclosures in Illinois.Comparatively,in 2017,Kendall County had a
newly filed foreclosure rate of 1 in every 825 homes.Expectations are
that the foreclosures will continue to level off or decrease in 2019 as
compared to 2018.Below is a graph illustrating the trend of foreclosures
in Yorkville for calendar years 2009 to 2018.
http://www.realtytrac.com/statsandtrends/foreclosuretrends/il
Current Development Projects
Yorkville Christian High School
A new two-story, 75,600 square foot private high school
completed construction in Fall 2018. The property consists
of approximately 17 acres, and is generally located at the
southwest corner of IL 126 (Schoolhouse Road) and
Ashley Road, in Yorkville, Illinois.
Current Development Projects
Raging Waves Waterpark –New Attraction Expansion
Illinois’ largest waterpark, Raging Waves, expanded it’s
operations by adding 4 new kiddie slides, a zero-depth pool,
interactive play features and 2 new body slides which opened in
the summer of 2018. The property consists of approximately 60
acres, and is generally located at the southeast corner of IL 47
(Bridge Street) and Galena Road, in Yorkville, Illinois.
Land Use Planning
2018 Applications & Petitions
During the calendar year of 2018,the United City of Yorkville’s Plan
Commission,Zoning Board of Appeal and now the Planning and
Zoning Board reviewed a total of fourteen (18)applications for
various planning and zoning related requests.
Land Use Planning
Number of Requests
Over the past year,the Planning and Zoning
Commission considered a totaled of 18 various land use
entitlement requests.The majority of these requests were
text amendments (28%)which were primarily identification
of new permitted uses (i.e.,breweries,food trucks,and
small cell towers)and refining existing regulations (i.e.,
building mounted signage and engineering deposit fees).
0
1
2
3
4
5
6
Special Use Text
Amendment
PUD
Amendment
1.5 mile
Review
Final Plat Zoning
Ordinance
Appeal
Variance
LAND USE ENTITLEMENT REQUESTS IN 2018
Land Use Planning
Historic Analysis of Entitlement Requests
Staff undertook a historical analysis of the number and various types
of entitlement requests applied for between 2006 and 2018 to see if
there was any insight to be gained for future reference,such as the
effectiveness of the most recent adoption of the Zoning Code update
completed in November 2014.There were a total of 123 cases
reviewed by the various boards and commissions regarding land use
entitlements during that period.The following data tables represents
the findings of the historical analysis.
0
5
10
15
20
25
2010 2011 2012 2013 2014 2015 2016 2017 2018
# of Requests to All Boards &
Commissions 2010-2018
Land Use Planning
0
2
4
6
8
10
12
14
16
18
20
2010 2011 2012 2013 2014 2015 2016 2017 2018
TYPES OF ENTITLEMENT REQUESTS
BY YEAR BETWEEN 2010-2018
SPECIAL USE
VARIANCE
FINAL PLAT AMENDMENT
FINAL PLAT
1.5-MILE REVIEW
PUD AMENDMENT
PUD
TEXT AMENDMENT
REZONING
Special Use
19%
Rezoning
10%
Text Amendment
21%
PUD
2%
PUD Amendment
6%
1.5 mile Review
15%
Final Plat
9%
Zoning Appeal
1%
Final Plat
Amendment
2%Variance
15%
TYPES OF ENTITLEMENT REQUESTS
BETWEEN 2010-2018
Comprehensive Planning
Comprehensive Plan Implementation Update
As part of the 2016 Comprehensive Plan Update,several
implementation goals were suggested to be completed within two (2)
years of adoption.Staff prepared a summary of those goals and their
current status.
Comprehensive Planning
GOAL STRATEGY/INITIATIVE STATUS
Enhance the visual appearance,
pedestrian environment and
functionality of Downtown Yorkville.
Enhance Fox River riverfront access and create
a riverfront park west of Bridge Street
Enhance streetscape appearances and improve
the walkability of Hydraulic, Main and Van
Emmon Streets.
Create public parking areas.COMPLETED
Facilitate building rehabilitation and façade
improvements.IN PROGRESS
Clean and green the Legacy Block (short-term)IN PROGRESS
Retain and enhance the character
and livability of Yorkville’s
traditional neighborhoods.
Prepare a neighborhood design manual.COMPLETED
Explore a National Register District designation
for Traditional Neighborhood areas.
Facilitate the completion of Yorkville
subdivision developments in the Tiers
1 and 2 residential neighborhoods.
Facilitate build out of Tier 1 and 2 subdivisions.IN PROGRESS
Implement alternative land use and
housing strategies in Tiers 3 and 4
residential neighborhoods.
Reposition Tier 3 and 4 subdivisions to
accommodate different land uses and housing
products.
IN PROGRESS
Improve residential subdivision
design and neighborhood physical
appearances.
Adopt conservation and estate residential
subdivision codes.IN PROGRESS
Yorkville transportation network to
accommodate various modes of
transportation.
Update the bike trail plan that considers on-
street connections and bicycle facilities.
Conduct a comprehensive pedestrian crossings
assessment, potentially as part of an updated
bike trail plan.
Manage Downtown Yorkville’s
parking supply effectively and
efficiently.
Conduct a Downtown parking assessment and
management study.
Create Downtown parking facilities.
Review and revise parking requirements.
COMPLETED
Ensure City infrastructure systems
are updated and modernized to meet
the needs of current residents and
future development.
Prepare an updated water supply infrastructure
plan to accommodate system maintenance and
future growth.
Coordinate with the YBSD on preparation of a
sanitary system and where growth is anticipated.
COMPLETED
Promote and implement an effective
growth management practices.
Prepare and adopt boundary agreements with the
Village of Millbrook and Joliet.
Adopt a new planning boundary.
Maintain an enhanced and well-
preserved parks and open space
system.
Update the Parks and Recreation Department
Master Plan.
Implement expansions to Bicentennial
Riverfront Park.
Consider park and recreation facility expansion
near the Raging Waves Water Park.
Promote orderly growth along Illinois
Route 47, and enhance and maintain
the corridor’s visual environment
and land use pattern.
Implement gateway, wayfinding, landscaping
and other placemaking treatments.
Consider zoning overlays, new design standards
or other tools to promote desired corridor
character.
IN PROGRESS
Comprehensive Planning
Downtown Overlay District
Creates concrete design guidelines and elements to enhance
downtown redevelopment outcomes.Farr Associates hired to prepare
the plan which begin in January 2018 and is set to complete in Spring
2019.
Comprehensive Planning
Neighborhood Design Manual
Manual encourages the conservation and preservation of the housing
stock in the traditional neighborhood areas of Yorkville, as well as
guide new housing construction that is in scale and character with
adjacent housing.
Comprehensive Planning
Industrial Development Focus Group
The City of Yorkville held an Industrial Development Focus Group
on November 15,2018 to discuss topics related to the manufacturing
sector of our community.The panel discussions covered current market,
finance and regulatory barriers affecting the industrial/manufacturing
businesses,as well as reinvestment and economic incentives available.
Future Goals 2019
•Unified Development Ordinance –Kick Off!!
•Combines all development standards (zoning,
subdivision control, appearance standards,
building & landscaping codes) into a single
easy-to-read document.
•Downtown and Strategic Planning
•Downtown Tactical Urbanism Plan Projects
•Downtown Wall Murals
•Downtown Façade Improvement Program
•Annexation & Boundary Agreements
•Special Projects
•Hydraulic St. & Van Emmon St. beautification
and streetscape master planning project.
•Planning & Zoning Commission Training
Series