Planning and Zoning Commission Packet 2019 03-13-19
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, March 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: February 13, 2019
Citizen’s Comments
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Public Hearings
1. PZC 2019-03 Matthew C. Hively, petitioner, has filed an application with the United City of Yorkville,
Kendall County, Illinois, requesting rezoning classification of three (3) parcels. The real property is
located south of Illinois Route 71, and north of Illinois Route 126 and part of the previously approved
Windmill Farms Annexation Agreement, which allowed for certain land uses consistent with those found
in the R-4 General Multi-Family Residence District and B-3 General Business Zoning districts. The
petitioner is seeking to rezone two (2) parcels to the B-3 General Business District and and one (1) parcel
to the A-1 Agricultural District. The purpose of the rezoning is to establish and operate a nursery and
garden center with retail store on the proposed B-3 zoned parcels and an accessory building for the storage
of equipment and landscape materials in the proposed A-1 zoned parcel.
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.
Action Item
PUD Amendment
New Business
1. PZC 2019-03 Matthew C. Hively, petitioner, has filed an application with the United City of Yorkville,
Kendall County, Illinois, requesting rezoning classification of three (3) parcels. The real property is
located south of Illinois Route 71, and north of Illinois Route 126 and part of the previously approved
Windmill Farms Annexation Agreement, which allowed for certain land uses consistent with those found
in the R-4 General Multi-Family Residence District and B-3 General Business Zoning districts. The
petitioner is seeking to rezone two (2) parcels to the B-3 General Business District and and one (1) parcel
to the A-1 Agricultural District. The purpose of the rezoning is to establish and operate a nursery and
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
garden center with retail store on the proposed B-3 zoned parcels and an accessory building for the storage
of equipment and landscape materials in the proposed A-1 zoned parcel.
Action Item
Map Amendment (Rezoning)
Additional Business
1. City Council Action Updates
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.
City Council Action
Approved
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.
City Council Action
Approved
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.
City Council Action
No objection
2. Planning and Zoning Commissioner Training Series – Presentation
a. Construction Plan Basics for Planning & Zoning Commissioners
Adjournment
Page 1 of 4
DRAFT
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, Il
Wednesday, February 13, 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:
Richard Vinyard-yes, Deborah Horaz-yes, Don Marcum-yes, Jeff Olson-yes
Randy Harker-yes
Absent: Reagan Goins
City Staff
Krysti Barksdale-Noble, Community Development Director
Jason Engberg, Senior Planner
Other Guests
Lynn Dubajic, City Consultant Dan Kramer, Attorney
Chris Vitosh, Vitosh Reporting Service David Schultz, HR Green
Previous Meeting Minutes January 9, 2019
Mr. Vinyard and Mr. Marcum moved and seconded, respectively, to approve the minutes.
Jeff Olson noted a correction as follows: Under Public Hearings, Chairman Randy
Harker explained the Hearings procedures, rather than Jeff Olson, Vice Chairman. Mr.
Vinyard moved and Mr. Marcum seconded an amended motion to approve the corrected
minutes.
Roll call: Marcum-yes, Olson-yes, Vinyard-yes, Horaz-present, Harker-yes. Carried 4-
yes, 1 present
Citizen’s Comments None
Public Hearings
Chairman Harker explained the procedure for the Public Hearing and he swore in those
who would give testimony. At 7:03pm a motion was made by Commissioner Vinyard
and seconded by Commissioner Horaz to open the Public Hearing for PZC 2019-02.
Roll call: Olson-yes, Vinyard-yes, Horaz-yes, Marcum-yes, Harker-yes. Carried 5-0
Chairman Harker read the petition as follows:
1. PZC 2019-02 United City of Yorkville, Kendall County, Illinois, 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.
Page 2 of 4
See Court Reporter's Transcript
Petitioner's Responses to be entered into Public Record
At 7:06pm a motion was made by Mr. Marcum and seconded by Mr. Vinyard to close the
Public Hearing.
Roll call: Vinyard-yes, Horaz-yes, Marcum-yes, Olson-yes, Harker-yes. Carried 5-0.
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.
Attorney Dan Kramer was present on behalf of the petitioner and said he and the
petitioner have made numerous attempts to reach Casey's regarding a possible shared
driveway. Mr. Kramer requested to move this item to the March PZC meeting. So moved
by Mr. Vinyard and seconded by Mr. Marcum to continue the petition to the March PZC
meeting. Roll call: Horaz-yes, Marcum-yes, Olson-yes, Vinyard-yes, Harker-yes. Passed
5-0.
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.
Mr. Dave Schultz of HR Green said they are seeking approval on the final plat for
subdividing Lot 3. They currently have two buildings on one lot and wish to subdivide
into 4 lots. The two buildings would then be on Lots 2 and 3 and the empty lots can be
developed at some point in the future.
Action Item
Final Plat
Mr. Marcum moved to approve PZC 2019-01 for the final plat and Mr. Vinyard
seconded.
Roll call: Horaz-yes, Marcum-yes, Olson-yes, Vinyard-yes, Harker-yes. Carried 5-0.
Page 3 of 4
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
There was no discussion and Mr. Marcum moved to approve the text amendment and Mr.
Vinyard seconded.
Roll call: Marcum-yes, Olson-yes, Vinyard-yes, Horaz-yes, Harker-yes. Carried 5-0.
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 Half Mile Review
Mr. Engberg said this property is outside of the planning boundary and Kane County
Forest Preserve wishes to preserve the rural character and historic nature of farmhouses.
The Commissioners had no comments or concerns so it will move forward to the City
Council. Mr. Vinyard moved and Ms. Horaz seconded the motion to recommend
approval of this petition to preserve rural farmhouses.
Roll call: Olson-yes, Vinyard-yes, Horaz-yes, Marcum-yes, Harker-yes. Carried 5-0.
Additional Business
1. City Council Action Updates:
1. PZC 2018-14 CalAtlantic Extension to complete lift station and public
improvements
2. PZC 2018-19 Text Amendment regarding breweries
3. PZC 2018-21 Text Amendment regarding mobile food and vendor vehicles
All three were approved by City Council.
2. Planning and Zoning Commissioner Training Series
Commission members requested more training regarding the issues they consider at the
meetings. Mr. Olson will present the first training session, the topic being plan basics for
Planning and Zoning. In the summer, Brad Sanderson will present information abut
stormwater management. Ms. Noble and Mr. Engberg will discuss urban design in the
fall and Ms. Lynn Dubajic will give a presentation on economic development basics in
the winter. Ms. Noble encouraged any other suggestions should be sent to her.
The Commissioners briefly discussed the proposed 750-acre development site in Sugar
Grove.
Page 4 of 4
3. Yorkville 2018 Planning Year in Review
Ms. Noble presented a year in review commenting on 4 different categories: Building
and Development, Land Use Planning, Comprehensive Plan and Future Goals.
The Design Manual is still being compiled and any changes can be sent to Ms. Noble or
Mr. Engberg.
Some of the highlights of the Year in Review are: Building permits are up and
foreclosures are down. There have been only a few variances or special use requests.
Work will soon begin on a Unified Development Ordinance (UDO) which will allow
developers to view comprehensive information in one place and they can utilize 3-D
modeling. Calculations can be done and fee schedules will be available on-line. Ms.
Noble said the city is averaging about 200 building permits annually in the last 2 years.
The B.U.I.L.D. program concluded at the end of 2016 and 428 permits were issued with
that program. Foreclosure trends were briefly reviewed also. Ms. Dubajic reported
expansion plans for the water park are slated for the 20 acres to the south of the park.
Future goals for the city were briefly discussed along with some of the ideas for the
downtown redevelopment.
Chairman Harker thanked Ms. Noble and Mr. Engberg for their work on the downtown
projects.
Adjournment
There was no further business and the meeting was adjourned at 8:02pm on a motion and
second by Commissioners Marcum and Vinyard, respectively. Unanimous voice vote
approval.
Respectfully submitted by
Marlys Young, Minute Taker
Page 4 of 4
PZC - February 13, 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, February 13, 2019
23 7 : 00 p .m.
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PZC - February 13, 2019 - Public Hearing
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1 PRESENT :
2 Mr . Randy Harker, Chairman,
3 Mr . Jeff Olson, Vice-Chairman,
4 Mr . Richard Vinyard,
5 Ms . Deborah Horaz,
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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PZC - February 13, 2019 - Public Hearing
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1 WHEREUPON, the following
2 proceedings were had in
3 public hearing : )
4 CHAIRMAN HARKER: There is one public
5 hearing scheduled for tonight ' s Planning and
6 Zoning Commission meeting .
7 The purpose of this hearing is to
8 invite testimony from the members of the public
9 regarding the proposed request that is being
10 considered before the Commission tonight .
11 Public testimonies from persons
12 wishing to speak may do so in favor of or against
13 the request being heard or to ask questions of
14 the petitioner for the request being heard .
15 Those persons wishing to testify are
16 asked to speak clearly, one at a time, and state
17 your name and who you represent, if anyone . You
18 are asked to sign in at the podium if you haven ' t
19 already done so .
20 If you plan to speak during
21 tonight ' s public hearing as a petitioner, as a
22 member of the public -- of the public, please
23 stand, raise your right hand and repeat after me .
24 MS . NOBLE : There is nobody .
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PZC - February 13, 2019 - Public Hearing
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1 CHAIRMAN HARKER: Or not, okay.
2 Fantastic . Okay, it ' s just you guys .
3 MS . NOBLE : Yes .
4 CHAIRMAN HARKER: So go ahead .
5 MS . NOBLE : The instruction is for
6 telling the truth . Jason?
7 MR. ENGBERG: Did you want to read
8 the --
9 CHAIRMAN HARKER: Yes , thank you. Can I
10 have a -- Can I have a motion to open the public
11 hearing on PZC 2019-02?
12 MS . HORAZ : So moved.
13 MR. VINYARD : So moved. Second.
14 CHAIRMAN HARKER : Okay. Roll call vote,
15 please .
16 MS . YOUNG : Yes .
17 Olson .
18 VICE-CHAIRMAN OLSON : Yes .
19 MS . YOUNG : Vinyard.
20 MR . VINYARD: Yes .
21 MS . YOUNG : Goins . Absent, sorry.
22 Horaz .
23 MS . HORAZ : Yes .
24 MS . YOUNG : And Harker .
Uitosh Reporting Service
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PZC - February 13, 2019 - Public Hearing
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1 CHAIRMAN HARKER : Yes .
2 PZC 2019-02 , Kendall County,
3 Illinois, petitioner, is proposed a text
4 amendment to Chapter 6 : Permitted and special
5 uses to add licensed massage establishments as a
6 permitted use in the 0-Office District .
7 Currently massage establishments
8 are a permitted use in only business districts .
9 MR. ENGBERG: All right . So this came
10 out, the City as a whole has been looking at the
I1 massage establishment licensing and running at a
12 business .
13 They are looking at amending
14 different parts of different codes, this one
15 specifically just for the zoning .
16 We had switched to licensing people
17 who have a single establishment, they just run it
18 themselves . We didn ' t do that in the past , but
19 now that we have a licensing process , they also
20 have to turn in a commercial occupancy permit,
21 , which they technically have to do anyway, but a
22 couple things came to light and a commercial
23 occupancy permit came in and it was somebody that
24 had an existing business for many years in the
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PZC - February 13, 2019 - Public Hearing
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1 0-Office District .
2 While we were looking through, you
3 know, we were kind of understanding -- trying to
4 figure out why is it not permitted in the
5 0-Office District, it ' s a personal service just
6 like any medical, professional, chiropractors ,
7 other professional services, they are permitted
8 outright in the 0-Office District, so it seemed
9 reasonable to us that we would also have massage
10 establishments , you know, as licensed, allowed
11 and permitted in the 0-Office District .
12 So that ' s just the recommendation .
13 It ' s just this -- the table -- the uses table
14 ' would just get changed from a dash to permitted.
15 CHAIRMAN HARKER: Okay. Any questions?
16 VICE-CHAIRMAN OLSON: What buildings in
17 town are zoned Office, the three-story building
18 over by the post office?
19 MR. ENGBERG: I can' t tell you all of
20 them off the top of my head. I know the Kendall
21 County government campuses office, there is a
22 couple things off of 34 off the top of my head,
23 but --
24 VICE-CHAIRMAN OLSON: Like maybe
2itos/i Reporting Service
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PZC - February 13, 2019 - Public Hearing
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1 Rush-Copley?
2 MS . NOBLE : There -- that outlot next to
3 where the solar farm is going to be is office .
4 You typically will see office -- Because it ' s in
5 the same use category as the business, you see it
6 along forty -- 47 , 34 . They are usually not in
7 an interior of a community, so they are along
8 thoroughfares just where you would see it in a B
9 or B-2 .
10 CHAIRMAN HARKER : Any other questions?
11 No response . )
12 CHAIRMAN HARKER: Would you like any
13 responses seeing as it is a public record?
14 MS . NOBLE : Yes .
15 CHAIRMAN HARKER: Awesome . Okay.
16 Seeing as that there is -- all the testimony is
17 done with this , since all the public testimony
18 regarding this petition has been taken, may I
19 have a motion to close the public -- I 'm sorry,
20 the taking of testimony and this public hearing?
21 , MR. MARCUM: So moved .
22 MR. VINYARD: Second .
23 CHAIRMAN HARKER : Roll call vote,
24 please .
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PZC - February 13, 2019 - Public Hearing
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1 MS . YOUNG : Yes .
2 Vinyard.
3 MR. VINYARD: Yes .
4 MS . YOUNG : Horaz .
5 MS . HORAZ : Yes .
6 MS . YOUNG : Marcum.
7 MR. MARCUM: Yes .
8 MS . HORAZ : Olson .
9 VICE-CHAIRMAN OLSON : Yes .
10 MS . YOUNG : Harker .
11 CHAIRMAN HARKER: Yes .
12 Which were all the
13 proceedings had in the
14 public hearing portion
15 of the meeting . )
16 000---
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PZC - February 13, 2019 - Public Hearing
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1 STATE OF ILLINOIS )
SS .
2 COUNTY OF LASALLE )
3 I, Christine M. Vitosh, a Certified Shorthand
4 Reporter, do hereby certify that I transcribed
5 the proceedings had at the public hearing and
6 that the foregoing, Pages 1 through 9, inclusive,
7 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
I1 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 25th day February, A. D . , 2019 .
18
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20 Christine M. Vitosh, CSR
Illinois CSR No . 084-002883
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llitosh Deporting Service
815. 993 .2832 cros.vitosh@gmail .com
PROPOSED REQUEST:
The petitioner, Matthew Hively, is seeking rezoning approval of three (3) parcels within the
Windmill Farms Annexation and Planned Unit Development agreement, which approved certain land uses
consistent with those found in the R-4 General Multi-Family Residence District and B-3 General Business
zoning districts. The requested new zoning would be B-3 General Business District on two (2) parcels and
A-1 Agricultural District on one (1) parcel.
The purpose of the rezoning is to establish and operate a nursery and garden center with retail store
on the proposed B-3 zoned parcels, and an accessory building for the storage of equipment and landscape
materials in the proposed A-1 zoned parcel. The total proposed area to be rezoned consists of approximately
16.21-acres of vacant land near IL Route 71 and IL Route 126.
PROPERTY BACKGROUND:
The subject property was zoned within the Planned Unit Development (PUD) District with B-3
General Business District and R-4 General Multi-Family Residence District land uses, as part of the
Windmill Farm’s annexation approved in 2008 per Ordinance 2008-40. Per Exhibit “E” of Ord. 2008-40,
Memorandum
To: Planning and Zoning Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: January 30 , 2019
Subject: PZC 2019-03 Hively Landscaping – Windmill Farms Annexation
Proposed Nursery & Garden Center Development (Rezoning)
---Windmill Farms Boundaries
the approximately 91-acre site, of which the subject parcels are included, was to be developed with a mix
of residential and commercial land uses. The annexation and concept site plan were the only approvals
granted for the Windmill Farm development. The property has remained vacant and unplatted since the
original approvals in 2008.
Per the City Attorney, since the concept plan was never subsequently formalized by a Planned Unit
Development (PUD) final plat, and with the passage of time, the concept plan for the Windmill Farm
development is no longer valid. Separate ordinances clarifying the invalidity of the PUD zoning
classification and an annexation agreement amendment removing the provisions of the PUD will be
prepared by the City Attorney for City Council approval, in conjunction with this request, to allow for this
property, and any future parcels within the Windmill Farms development, to seek rezoning to a more
suitable land use designation. Those ordinances will be presented to the EDC in March.
SITE ANALYSIS:
The following are the current immediate surrounding zoning and land uses for the entire area
surrounding the approximately 91-acre Windmill Farms PUD:
Zoning Land Use
North A-1 Agriculture Unincorporated Kendall County (Farm Land)/IL Rte. 71
South A-1 Agriculture/R-2 & R-2D
Detached & Attached Residential
Unincorporated Kendall County (Landscape
Business)/Raintree Village (Residential)
East A-1 Agriculture Unincorporated Kendall County (Farm Land)
West B-3 Business/R-2 Detached
Residential Country Hills (Commercial & Residential)
Zoning
• The proposed requested uses are defined in the Yorkville Zoning Ordinance as a
“nursery/greenhouse” and “agricultural”.
• The nursery/greenhouse use is a permitted use in the B-3 General Business District, which is by
definition, a “retail business whose principal activity is the selling of plants and having outdoor
storage, growing and/or display of plants.”
• The agricultural use is a permitted use in the A-1 Agricultural District, which is defined as “the
employment of land for the primary purpose of raising, harvesting, and selling crops, or….by any
other horticultural, floricultural or viticulture use…”
Comprehensive Plan (Future Land Use)
The subject property’s future land use is classified as “Estate/Conservation Residential (ERC)” which
is intended to provide flexibility for residential design in areas that can accommodate low-density detached
single-family housing but also include sensitive environmental and scenic features that should be retained
and enhanced.
Due to this future land use classification, if the rezoning requests are approved, an amendment to the
Comprehensive Plan Future Land Use map will be necessary. The proposed B-3 zoned parcel would
correlate with a future land use designation of “Destination Commercial (DC)” and “Agricultural Zone
(AZ)” for the A-1 zoned parcel.
Proposed Concept/Site Plan
As proposed, only Parcel 2 (#05-03-300-039) will be redeveloped for the nursey/greenhouse and
retail business. The site plan illustrates a 4,000 square foot retail building with outdoor scale and customer
parking. Parking required for nursery use (B-3) is 3 spaces per 1,000 square feet, requiring a minimum of
12 parking spaces, and the petitioner proposes to utilize a permeable paver surface for the parking lot
coverage. Accessory outdoor storage will be maintained in plant material bins, temporary plant houses and
pallets. Finally, an onsite detention basin is also proposed within the northeast area of the parcel.
All buildings will be subject to the City's Appearance Code which requires new commercial land
uses to utilize masonry products or precast concrete shall be incorporated on at least fifty percent (50%) of
the total building, as broken down as follows: The front facade shall itself incorporate masonry products or
precast concrete on at least fifty percent (50%) of the facade. Any other facade that abuts a street shall
incorporate masonry products. The use of masonry products or precast concrete is encouraged on the
remaining facades.
Currently, there are no redevelopment plans for other proposed B-3 zoned property, Parcel 1 (05-
03-200-022), and the proposed A-1 zoned property, Parcel #3 (05-03-300-035) will be utilized primarily
for stocking and storing plant material.
The following chart illustrates the minimum required yard setbacks for buildings/structures within the B-3
General Business District:
Minimum Requirement Proposed Setback
Front (IL Rte. 126) 50 feet +/- 220’ (Retail Building)
Rear 20 feet +/- 20’ (Temp. Plant Houses)
Corner Side (North/IL Rte. 71) 30 feet +/- 50’ (Temp. Plant Houses)
Corner Side (Southwest/IL Rte. 126) 30 feet +/- 45’ (Material Bins)
Additionally, parking lots within the B-3 zoning district located adjacent to a major arterial roadway must
maintain a minimum of 20 feet setback from the property line which is provided on the proposed site plan.
Utilities
There are no nearby public utilities (water, sewer) in this area. The petitioner will utilize an
existing well and septic field for the on-site needs of the development.
Access/Transportation
Proposed access to the commercial site (nursey/greenhouse) will be in two (2) locations, one to the
north off IL Route 71 and another southwest off IL Route 126. IDOT's approval will be required for all
proposed access points and any work within IDOT's right-of-way (i.e. berm along IL 71).
Landscape Ordinance
It is anticipated that the property will need to be cleared in preparation for the installation of the
nursery site. Per Section 8-12-2-H of the Landscape Ordinance, a Tree Preservation Plan is required for all
lots five (5) acres or greater in area. No live trees with a four-inch (4”) DBH (diameter breast height) may
be removed without first submitting an application for tree removal and receiving approval from the City
as part of the building permit process.
FINDINGS OF FACT FOR REZONING:
Section 10-4-10-B of the City’s Zoning Ordinance establishes criteria for findings of fact related
to rezoning (map amendment) requests. When the purpose and affect is to change the zoning of a property
and amend the City’s Zoning Map, the Planning and Zoning Commission shall consider each of the
following facts before rendering a decision on the request:
1. The existing uses and zoning of nearby property.
2. The extent to which the property values are diminished by the particular zoning restrictions.
3. The extent to which the destruction of the property values of plaintiff promotes the health, safety,
morals or general welfare of the public.
4. The relative gain to the public as compared to the hardship imposed upon the individual property
owner.
5. The suitability of the subject property for the zoned purpose.
6. The length of time the property has been vacant as zoned considered in the context of land
development in the area in the vicinity of the subject property.
7. The community need for the proposed use.
8. The care to which the community has undertaken to plan its land use development.
The petitioner has provided written responses to these findings as part of their applications (see
attached) and requests inclusion of those responses into the public record at the March 13, 2019
Planning and Zoning Commission meeting.
STAFF COMMENTS:
Staff is generally supportive of the proposed rezoning; even though, if approved, would require an
amendment to the Comprehensive Plan Update. Our recommendation is in consideration of the length of
time the area has remained undeveloped under the current concept plan and zoning. This is in addition to
the existing annexation agreement not correctly approving a special use authorizing a PUD for the Windmill
Farm development. A separate request to clarify that oversight through an annexation agreement
amendment, clearing the path for the other parcels within Windmill Farms to redevelop, is concurrently
being pursued by staff.
PROPOSED MOTION:
In consideration of testimony presented during a Public Hearing on March 13, 2019 and approval of the
findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a
request for a map amendment to rezone the properties stated in the staff memorandum dated January
30, 2019 to B-3 General Business District and A-1 Agricultural District and further subject to {insert
any additional conditions of the Planning and Zoning Commission}…
ATTACHMENTS:
1. Hively Landscaping Geometric Plan dated 01/09/19, prepared by Spaceco, Inc.
2. A-1 Rezoning Application
3. B-3 Rezoning Application
4. Ordinance 2008-40 - Windmill Farms Annexation and PUD Agreement
5. 01-10-19 Plan Council Packet
6. Public Hearing Notice
3"PVC
VERTICAL
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AT&T CABLE
6'NW-SE
UP W/MAST
6'NW-SE
UP W/MAST
CONTROL BOX
TRAFFIC SIGNAL
"ROUTE 126 EAST"
CULVERT
15"CMP
"I-55 15"
"PLAINFIELD 12"
USE CONTROL SIGN
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"IL 71 - IL 126"
SIGNAL"
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FRAME SHED
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AS OF 11/10/2016
EDGE OF WATER
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75.49'90.31'89.85'
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METER
ELECTRIC
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T Phone: (815) 941-0260 Fax: (815) 941-0263Morris, Illinois 60450 N. Liberty Street,21224OF REMARKSDATENO.JOB NO.
FILENAME:
DATE:
SHEET NO.DATEREMARKSN
0 50
SCALE 1" = 50'
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DETENTION BASIN 1 WI
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YORKVILLE, ILLINOIS9252.04
01/09/19
9252.04EXH-GEOMETRICHIVELY LANDSCAPING1 1
EXH-AEXHIBIT A - GEOMETRIC PLAN2
5'
50'25'
50'
50'
4
5'
4
5'
7
0'
50'
8
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BUILDING
PROPOSED
4,000 SF
9'
18'
10'
5
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STANDARD B-6.12 CURB & GUTTER
GRAVEL
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CONCRETE PAVEMENT OR APRON
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N:\Projects\9252-M\9252.04 - Hively\EXHIBITS\9252.04EXH-GEOMETRIC PLAN.dgn Default User=fdeltoro
PARCEL 3
That part of the Northeast quarter of Section 3, Township 36 North, range 7 East of the third
principal meridian described as follows: Beginning at the Southwest corner of said Northeast
quarter; thence North 01 degrees 34 minutes 52 seconds West along the West line of said Northeast
quarter 245.12 feet; thence South 84 degrees 27 minutes 30 seconds East 198.51 feet; thence North
00 degrees 42 minutes 30 seconds West 423.02 feet to the center line of Illinois State Route No.
71; thence North 60 degrees 02 minutes 30 seconds East along said center line 472.59 feet to a line
drawn North 00 degrees 10 minutes 48 seconds East parallel with the West line of said Northeast
¼, from a point on the South line of said Northeast ¼ which is 598.62 feet Easterly of the Southwest
corner of said Northeast ¼; thence South 00 degrees 10 minutes 48 seconds West along said
parallel line 880.56 feet to said South line; thence South 89 degrees 34 minutes 48 seconds West
along said South line 598.62 feet to the point of beginning, being a portion of a larger parcel of
land described as parcel 3 in Quit Claim Deed recorded on April 24, 2017 as Document
2001700006075, in Kendall County, Illinois.
PARCEL 8
That part of the Southwest quarter of Section 3, Township 36 North, Range 7 East of the third
principal meridian, described as follows: Commencing at the Southwest corner of said Southwest
quarter; thence North 00 degrees 08 minutes 14 seconds West along the West line of said
Southwest quarter, 1,995.75 feet to the center line of Illinois State Route No. 71; thence North 71
degrees 23 minutes 59 seconds East along said center line 30.45 feet to the point of intersection of
said center line with center line of Illinois State Route No. 126 for the point of beginning; thence
North 71 degrees 23 minutes 59 seconds East along said Route 71 center line 230.67 feet to a point
of curvature; thence Northeasterly along a curve to the left having a radius of 11,459.20 feet which
is tangent to the last described course at the last described point at the last description point,
1,141.60 feet to the intersection with the center line extended Northwesterly of Wing Road; thence
South 21 degrees 30 minutes 13 seconds East along said Wing Road center line 761.0 feet; thence
South 58 degrees 16 minutes 47 seconds West 265.38 feet to said Route 126 center line; thence
Northwesterly along said Route 126 center line being along a curve to the left and having a radius
of 2292.01 feet which is tangent to a line drawn North 72 degrees 57 minutes 06 seconds West
from the last described point 147.83 feet; thence North 76 degrees 38 minutes 49 seconds West
along said Route 126 center line 850.98 feet thence Northwesterly along said Route 126 center
line being along a curve to the right and having a radius of 2,148.79 feet which is tangent to the
last described course at the last described point, 383.53 feet to the point of beginning,
Excepting therefrom that part described as follows: that part of the Southwest quarter of Section
3, Township 36 North, Range 7 East of the third principal meridian described as follows:
Commencing at the Southwest corner of said Southwest quarter; thence North 00 degrees 08
minutes 14 seconds West along the West line of said Southwest quarter 1,995.75 feet to the center
line of Illinois State Route 71; thence North 71 degrees 23 minutes 59 seconds East along said
Route 71 center line 261.12 feet to a point of curvature; thence Northeasterly along a curve to the
left having a radius of 11,459.20 feet which is tangent to the last described course 1,141.60 feet to
the intersection with the center line extended Northwesterly of Wing Road for the point of
beginning; thence South 21 degrees 30 minutes 13 seconds East along said Wing Road center line
258.05 feet; thence South 68 degrees 29 minutes 47 seconds West 200.0 feet; thence North 21
degrees 30 minutes 13 seconds West parallel with said Wing Road center line 250.0 feet to said
Route 71 center line; thence Northeasterly along said Route 71 center line 200.16 feet to the point
of beginning, in the United City of Yorkville, Kendall County, Illinois.
And also excepting, that part of the Southwest quarter of Section 3 in Township 36 North, Range
7 East of the third principal meridian, Kendall County, Illinois, described as follows with bearings
referenced to the Illinois State Plane Coordinate System East Zone (NAD83); commencing at the
Southwest corner of the Southwest quarter of said Section 3; thence North 01 degree 35 minutes
30 seconds West, 1995.04 feet along the West line of said Southwest quarter to the centerline of a
public highway designated Il 71; thence North 69 degrees 55 minutes 19 seconds East, 31.52 feet
along said centerline to the point of beginning, from the point of beginning; thence North 69
degrees 55 minutes 19 seconds East, 230.66 feet along said centerline; thence Northeasterly,
940.58 feet along an 11,479.02 foot radius curve to the left having a chord bearing North 67
degrees 34 minutes 29 seconds East, 940.31 feet; thence South 22 degrees 56 minutes 31 seconds
East, 60.03 feet; thence Southwesterly, 418.10 feet on an 11,539.02 foot radius curve to the right
having a chord bearing South 66 degrees 16 minutes 29 seconds West, 418.08 feet; thence South
59 degrees 24 minutes 09 seconds West, 71.10 feet; thence South 25 degrees 14 minutes 24
seconds West, 60.52 feet; thence Southeasterly, 570.87 feet on an 875.00 foot radius curve to the
left having a chord bearing South 55 degrees 22 minutes 46 seconds East, 560.80 feet; thence
South 74 degrees 04 minutes 13 seconds East, 274.41 feet; thence South 64 degrees 05 minutes 29
seconds East, 35.85 feet; thence South 56 degrees 49 minutes 00 seconds West 64.56 feet to the
center line of a public highway designated IL 126; thence Northwesterly, 162.08 feet on said
centerline being a 2,291.64 foot radius curve to the left having a chord bearing North 76 degrees
16 minutes 12 seconds West, 162.05 feet thence North 78 degrees 17 minutes 46 seconds West,
357.37 feet on said centerline; thence North 53 degrees 52 minutes 46 seconds West, 96.76 feet to
the existing Northerly right of way line of IL 126, thence Northwesterly, 297.03 feet on a 990.00
foot radius curve to the right having a chord bearing North 45 degrees 17 minutes 03 seconds West,
295.92 feet; thence North 36 degrees 39 minutes 21 seconds West, 23.77 feet; thence North 77
degrees 19 minutes 38 seconds West, 84.74 feet; thence South 69 degrees 03 minutes 36 seconds
West, 100.61 feet; thence South 69 degrees 55 minutes 52 seconds West, 149.98 feet to the
Southerly right of way line of said IL 71; thence South 65 degrees 32 minutes 40 seconds West,
113.94 feet to the centerline of said IL 126; thence Northwesterly, 119.55 feet on said centerline
being a 2170.59 foot radius curve to the right having a chord bearing North 69 degrees 20 minutes
17 seconds West, 119.54 feet to the point of beginning.
Parcel 8A (included in parcel 8 but separated out for title vesting purposes only):
That part of the Southwest quarter of Section 3 in Township 36 North, Range 7 East of the third
principal meridian, Kendall County, Illinois, described as follows with bearings referenced to the
Illinois State Plane Coordinate System East Zone (NAD83): Commencing at the Southwest
corner of the Southwest quarter of said section 3; thence North 01 degree 35 minutes 30 seconds
West, 1995.04 feet along the West line of said Southwest quarter to the centerline of a public
highway designated IL 71; thence North 69 degrees 55 minutes 19 seconds East , 31.52 feet along
said centerline to the centerline of pavement SBI Route 66 (IL 126); thence South 69 degrees 20
minutes 17 seconds East, 119.54 feet along said centerline of pavement to the point of beginning;
thence North 65 degrees 32 minutes 40 seconds East, 113.94 feet to the Southeasterly right of way
line of FA Route 97 (IL 71); thence Southerly 44.66 feet on said right of way line being a 20.00
foot radius curve to the left whose chord bears South 03 degrees 27 minutes 31 seconds East, 35.94
feet to the Northeasterly existing right of way line of SBI Route 66 (IL 126); thence South 74
degrees 54 minutes 15 seconds East, 177.74 feet on said right of way line; thence South 78 degrees
17 minutes 46 seconds East, 376.03 feet on said right of way line; thence South 53 degrees 52
minutes 46 seconds East, 96.76 feet to the Centerline of SBI Route 66 (IL 126); thence North 78
degrees 17 minutes 46 seconds West, 464.15 feet along said centerline; thence Northwesterly
279.59 feet along the center pavement of SBI Route 66 (IL 126), being a 2,170.59 foot radius curve
to the right whose chord bears North 74 degrees 36 minutes 21 seconds West, 279.40 feet to the
point of beginning situated in Kendall County, Illinois.
I have reviewed the applications for Rezoning request provided December 11, 2018 as submitted
by Matthew C. Hively, petitioner, as well as the concept site plans. The petitioner is seeking rezoning
approval from the expired concept plan for a Planned Unit Development (PUD), which was never final
platted, that had an underlying zoning of R-4 General Multi-Family Residence District and B-3 General
Business Zoning to a zoning of B-3 General Business District and A-1 Agricultural District.
The purpose of the rezoning is to establish and operate a nursery and garden center with retail
store on the proposed B-3 zoned parcel and an accessory building for the storage of equipment and
landscape materials in the proposed A-1 zoned parcel. The total proposed area to be rezoned consists of
approximately 16.21-acres of vacant land near IL Route 71 and IL Route 126.
Included within the applications are the following documents:
1) Application for Rezoning Parcel (05-03-200-022) to A-1 Agricultural District
2) Legal Description
3) Surrounding Property Owners
4) Plat of Survey prepared by Spaceco Inc., dated 10/30/17 with hand-drawn concept plan for
nursery, retail shop, hoop house, gravel parking lot and landscaping.
5) Application for Rezoning Parcel (05-03-300-039 and 05-03-300-035) to B-3 General
Business District
6) Legal Description
7) Surrounding Property Owners
8) ALTA/NSPS Land Title Survey prepared by Spaceco Inc., date revised 12/01/16 with hand-
drawn concept plan for hoop houses, material bin storage, plant material storage and
landscaping.
Based upon my review of the application documents and materials, I have compiled the following
comments (requests to the petitioner are underlined):
Land Use History
• The subject property is currently zoned Planned Unit Development (PUD) with an underlying
zoning of B-3 General Business District and R-4 General Multi-Family Residence District, as part
of the Windmill Farm PUD approved in 2008 per Ordinance 2008-40.
• Per Exhibit “E” of Ord. 2008-40 granting Annexation and Planned Unit Development approval
for the Windmill Farms development, the approximately 91-acre site, of which the subject
property is included, was to be developed as with mixed residential and commercial land uses.
• The annexation and concept PUD plan were the only approvals granted for the Windmill Farm
development. The property has remained vacant and unplatted since the original approvals in
2008. Per the City Attorney, since the concept plan was never subsequently formalized by a final
Memorandum
To: Plan Council
From: Krysti J. Barksdale-Noble, Community Development Director
Date: January 2, 2019
Subject: PZC 2019-03 Hively Landscaping – former Windmill Farms PUD
Proposed new Nursery/Greenhouse Retail Use (Rezoning)
plat or plan, and with the passage of time, the concept plan for the Windmill Farm development is
no longer valid.
• A separate ordinance repealing the original Windmill Farm PUD (Ord. 2008-40) will be prepared
with by the City Attorney for recordation along with the ordinances rezoning the subject parcels,
if approved by the City Council.
Zoning
• The proposed uses are defined in the Yorkville Zoning Ordinance as a “nursery/greenhouse” and
“agricultural”.
• The nursery/greenhouse use is a permitted use in the B-3 General Business District, which is by
definition, a “retail business whose principal activity is the selling of plants and having outdoor
storage, growing and/or display of plants.”
• The agricultural use is a permitted use in the A-1 Agricultural District, which is defined as “the
employment of land for the primary purpose of raising, harvesting, and selling crops, or….by any
other horticultural, floricultural or viticulture use…”
The following are the current immediate surrounding zoning and land uses for the entire area surrounding
the approximately 91-acre Windmill Farms PUD:
Zoning Land Use
North A-1 Agriculture Unincorporated Kendall County (Farm Land)/IL Rte 71
South A-1 Agriculture/R-2 & R-2D
Detached & Attached Residential
Unincorporated Kendall County (Landscape
Business)/Raintree Village (Residential)
East A-1 Agriculture Unincorporated Kendall County (Farm Land)
West B-3 Business/R-2 Detached
Residential Country Hills (Commercial & Residential)
Comprehensive Plan (Future Land Use)
• The subject property’s future land use is classified as “Estate/Conservation Residential (ERC)”
which is intended to provide flexibility for residential design in areas that can accommodate low-
density detached single-family housing but also include sensitive environmental and scenic
features that should be retained and enhanced.
• Due to this future land use classification, if the rezoning requests are approved, an amendment to
the Comprehensive Plan Future Land Use map will be necessary. The proposed B-3 zoned parcel
would correlate with a future land use designation of “Destination Commercial (DC)” and
“Agricultural Zone (AZ)” for the A-1 zoned parcel.
Proposed Concept/Site Plan
• All buildings will be subject to the City's Appearance Code (see attached).
o For new commercial land uses, Masonry products or precast concrete shall be
incorporated on at least fifty percent (50%) of the total building, as broken down as
follows: The front facade shall itself incorporate masonry products or precast concrete on
at least fifty percent (50%) of the facade. Any other facade that abuts a street shall
incorporate masonry products. The use of masonry products or precast concrete is
encouraged on the remaining facades.
• Gravel parking lot will not be permitted.
• Depending on total proposed impervious surface, onsite detention maybe required. Maximum
impervious surface for the B-3 Zoning District (Nursery) is 80%.
• Parking required for nursery use (B-3) is 3 spaces per 1,000 square feet.
• More details will need to be provided regarding the material bin/plant storage containers, hoop
houses and scale area. Photographic images, manufacturing cut sheets or elevation drawings of
these operational areas will be required.
• The following chart illustrates the minimum required yard setbacks for buildings/structures
within the B-3 General Business District:
Minimum Requirement Proposed Setback
Front (IL Rte. 71) 50 feet Not Provided
Rear 20 feet Not Provided
Interior Side (East) 20 feet Not Provided
Interior Side (West) 20 feet Not Provided
• The following chart illustrates the minimum required yard setbacks for buildings/structures
within the A-1 Agricultural District:
Minimum Requirement Proposed Setback
Front (IL Rte. 71) 100 feet Not Provided
Rear N/A N/A
Interior Side (East) 50 feet Not Provided
Interior Side (West) 50 feet Not Provided
• Staff recommends a hard-lined, non hand-drawn concept plans with setback dimensions, parking
calculations and total impervious surface for submittal to the Economic Development Committee
meeting. Revised concept plans will be required to be submitted to staff no later than January 22,
2019.
Utilities
• What is your planned water source? There are no nearby public utilities (water, sewer) in this
area. Please provide narrative of proposed water source.
Fencing
• Maximum fence height is 6 feet, 8 feet if adjacent to residential. A dimensioned section detail
will be required for any proposed fence.
Access/Transportation
• Any work within IDOT's right-of-way (i.e. berm along IL 71) will require an IDOT permit.
• IDOT's approval will be required for all proposed access points off of IL 71 and IL 126.
Signage
• Section 10-20-9 of the Zoning Ordinance provides criteria related to business zoning district
signage. Please refer to the following link to the Sign Ordinance for additional information:
https://www.sterlingcodifiers.com/codebook/index.php?book_id=415&ft=4&find=10-20
Landscape Ordinance
• It is anticipated that the property will need to be cleared in preparation for the installation of the
nursery site. Per Section 8-12-2-H of the Landscape Ordinance, a Tree Preservation Plan is
required for all lots five (5) acres or greater in area. No live trees with a four inch (4”) DBH
(diameter breast height) may be removed without first submitting an application for tree removal
and receiving approval from the City. Please provide, if required.
• Please refer to the following link to the Landscape Ordinance for additional information:
http://www.sterlingcodifiers.com/codebook/index.php?book_id=415
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
UNITED CITY OF YORKVILLE
PLANNING AND ZONING COMMISSION
PZC 2019-03
NOTICE IS HEREBY GIVEN THAT Matthew C. Hively, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting rezoning classification of three (3) parcels.
The real property is located south of Illinois Route 71, and north of Illinois Route 126 and part of the
previously approved Windmill Farms Annexation Agreement, which allowed for certain land uses consistent
with those found in the R-4 General Multi-Family Residence District and B-3 General Business Zoning
districts. The petitioner is seeking to rezone two (2) parcels to the B-3 General Business District and and one
(1) parcel to the A-1 Agricultural District. The purpose of the rezoning is to establish and operate a nursery
and garden center with retail store on the proposed B-3 zoned parcels and an accessory building for the
storage of equipment and landscape materials in the proposed A-1 zoned parcel.
The legal description of said parcels is as follows:
PARCEL 3
That part of the Northeast quarter of Section 3, Township 36 North, range 7 East of the third principal
meridian described as follows: Beginning at the Southwest corner of said Northeast quarter; thence North 01
degrees 34 minutes 52 seconds West along the West line of said Northeast quarter 245.12 feet; thence South
84 degrees 27 minutes 30 seconds East 198.51 feet; thence North 00 degrees 42 minutes 30 seconds West
423.02 feet to the center line of Illinois State Route No. 71; thence North 60 degrees 02 minutes 30 seconds
East along said center line 472.59 feet to a line drawn North 00 degrees 10 minutes 48 seconds East parallel
with the West line of said Northeast ¼, from a point on the South line of said Northeast ¼ which is 598.62
feet Easterly of the Southwest corner of said Northeast ¼; thence South 00 degrees 10 minutes 48 seconds
West along said parallel line 880.56 feet to said South line; thence South 89 degrees 34 minutes 48 seconds
West along said South line 598.62 feet to the point of beginning, being a portion of a larger parcel of land
described as parcel 3 in Quit Claim Deed recorded on April 24, 2017 as Document 2001700006075, in
Kendall County, Illinois.
PARCEL 8
That part of the Southwest quarter of Section 3, Township 36 North, Range 7 East of the third principal
meridian, described as follows: Commencing at the Southwest corner of said Southwest quarter; thence
North 00 degrees 08 minutes 14 seconds West along the West line of said Southwest quarter, 1,995.75 feet
to the center line of Illinois State Route No. 71; thence North 71 degrees 23 minutes 59 seconds East along
said center line 30.45 feet to the point of intersection of said center line with center line of Illinois State
Route No. 126 for the point of beginning; thence North 71 degrees 23 minutes 59 seconds East along said
Route 71 center line 230.67 feet to a point of curvature; thence Northeasterly along a curve to the left having
a radius of 11,459.20 feet which is tangent to the last described course at the last described point at the last
description point, 1,141.60 feet to the intersection with the center line extended Northwesterly of Wing
Road; thence South 21 degrees 30 minutes 13 seconds East along said Wing Road center line 761.0 feet;
thence South 58 degrees 16 minutes 47 seconds West 265.38 feet to said Route 126 center line; thence
Northwesterly along said Route 126 center line being along a curve to the left and having a radius of 2292.01
feet which is tangent to a line drawn North 72 degrees 57 minutes 06 seconds West from the last described
point 147.83 feet; thence North 76 degrees 38 minutes 49 seconds West along said Route 126 center line
850.98 feet thence Northwesterly along said Route 126 center line being along a curve to the right and
having a radius of 2,148.79 feet which is tangent to the last described course at the last described point,
383.53 feet to the point of beginning, excepting therefrom that part described as follows: that part of the
Southwest quarter of Section 3, Township 36 North, Range 7 East of the third principal meridian described
as follows:
Commencing at the Southwest corner of said Southwest quarter; thence North 00 degrees 08 minutes 14
seconds West along the West line of said Southwest quarter 1,995.75 feet to the center line of Illinois State
Route 71; thence North 71 degrees 23 minutes 59 seconds East along said Route 71 center line 261.12 feet to
a point of curvature; thence Northeasterly along a curve to the left having a radius of 11,459.20 feet which is
tangent to the last described course 1,141.60 feet to the intersection with the center line extended
Northwesterly of Wing Road for the point of beginning; thence South 21 degrees 30 minutes 13 seconds
East along said Wing Road center line 258.05 feet; thence South 68 degrees 29 minutes 47 seconds West
200.0 feet; thence North 21 degrees 30 minutes 13 seconds West parallel with said Wing Road center line
250.0 feet to said Route 71 center line; thence Northeasterly along said Route 71 center line 200.16 feet to
the point of beginning, in the United City of Yorkville, Kendall County, Illinois.
And also excepting, that part of the Southwest quarter of Section 3 in Township 36 North, Range 7 East of
the third principal meridian, Kendall County, Illinois, described as follows with bearings referenced to the
Illinois State Plane Coordinate System East Zone (NAD83); commencing at the Southwest corner of the
Southwest quarter of said Section 3; thence North 01 degree 35 minutes 30 seconds West, 1995.04 feet
along the West line of said Southwest quarter to the centerline of a public highway designated Il 71; thence
North 69 degrees 55 minutes 19 seconds East, 31.52 feet along said centerline to the point of beginning,
from the point of beginning; thence North 69 degrees 55 minutes 19 seconds East, 230.66 feet along said
centerline; thence Northeasterly, 940.58 feet along an 11,479.02 foot radius curve to the left having a chord
bearing North 67 degrees 34 minutes 29 seconds East, 940.31 feet; thence South 22 degrees 56 minutes 31
seconds East, 60.03 feet; thence Southwesterly, 418.10 feet on an 11,539.02 foot radius curve to the right
having a chord bearing South 66 degrees 16 minutes 29 seconds West, 418.08 feet; thence South 59 degrees
24 minutes 09 seconds West, 71.10 feet; thence South 25 degrees 14 minutes 24 seconds West, 60.52 feet;
thence Southeasterly, 570.87 feet on an 875.00 foot radius curve to the left having a chord bearing South 55
degrees 22 minutes 46 seconds East, 560.80 feet; thence South 74 degrees 04 minutes 13 seconds East,
274.41 feet; thence South 64 degrees 05 minutes 29 seconds East, 35.85 feet; thence South 56 degrees 49
minutes 00 seconds West 64.56 feet to the center line of a public highway designated IL 126; thence
Northwesterly, 162.08 feet on said centerline being a 2,291.64 foot radius curve to the left having a chord
bearing North 76 degrees 16 minutes 12 seconds West, 162.05 feet thence North 78 degrees 17 minutes 46
seconds West, 357.37 feet on said centerline; thence North 53 degrees 52 minutes 46 seconds West, 96.76
feet to the existing Northerly right of way line of IL 126, thence Northwesterly, 297.03 feet on a 990.00 foot
radius curve to the right having a chord bearing North 45 degrees 17 minutes 03 seconds West, 295.92 feet;
thence North 36 degrees 39 minutes 21 seconds West, 23.77 feet; thence North 77 degrees 19 minutes 38
seconds West, 84.74 feet; thence South 69 degrees 03 minutes 36 seconds West, 100.61 feet; thence South
69 degrees 55 minutes 52 seconds West, 149.98 feet to the Southerly right of way line of said IL 71; thence
South 65 degrees 32 minutes 40 seconds West, 113.94 feet to the centerline of said IL 126; thence
Northwesterly, 119.55 feet on said centerline being a 2170.59 foot radius curve to the right having a chord
bearing North 69 degrees 20 minutes 17 seconds West, 119.54 feet to the point of beginning.
Parcel 8A (included in parcel 8 but separated out for title vesting purposes only):
That part of the Southwest quarter of Section 3 in Township 36 North, Range 7 East of the third principal
meridian, Kendall County, Illinois, described as follows with bearings referenced to the Illinois State Plane
Coordinate System East Zone (NAD83): Commencing at the Southwest corner of the Southwest quarter of
said section 3; thence North 01 degree 35 minutes 30 seconds West, 1995.04 feet along the West line of said
Southwest quarter to the centerline of a public highway designated IL 71; thence North 69 degrees 55
minutes 19 seconds East , 31.52 feet along said centerline to the centerline of pavement SBI Route 66 (IL
126); thence South 69 degrees 20 minutes 17 seconds East, 119.54 feet along said centerline of pavement to
the point of beginning; thence North 65 degrees 32 minutes 40 seconds East, 113.94 feet to the Southeasterly
right of way line of FA Route 97 (IL 71); thence Southerly 44.66 feet on said right of way line being a 20.00
foot radius curve to the left whose chord bears South 03 degrees 27 minutes 31 seconds East, 35.94 feet to
the Northeasterly existing right of way line of SBI Route 66 (IL 126); thence South 74 degrees 54 minutes
15 seconds East, 177.74 feet on said right of way line; thence South 78 degrees 17 minutes 46 seconds East,
376.03 feet on said right of way line; thence South 53 degrees 52 minutes 46 seconds East, 96.76 feet to the
Centerline of SBI Route 66 (IL 126); thence North 78 degrees 17 minutes 46 seconds West, 464.15 feet
along said centerline; thence Northwesterly 279.59 feet along the center pavement of SBI Route 66 (IL 126),
being a 2,170.59 foot radius curve to the right whose chord bears North 74 degrees 36 minutes 21 seconds
West, 279.40 feet to the point of beginning situated in Kendall County, Illinois.
A copy of the application is available for review during normal City business hours at the office of the
Community Development Director.
NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of
Yorkville will conduct a Public Hearing on said application on Wednesday, March 13, 2019 at 7 p.m. at
the United City of Yorkville, City Hall, located at 800 Game Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without further notice being
published.
All interested parties are invited to attend the public hearing and will be given an opportunity to be heard.
Any written comments should be addressed to the United City of Yorkville Community Development
Department, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the
public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
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
PLANNING AND ZONING
COMMISSIONER TRAINING SERIES
CONSTRUCTION PLAN BASICS FOR PLANNING & ZONING COMMISSIONERS
Planning & Zoning Commission
March 13, 2019
800 Game Farm Road
Yorkville, IL 60560