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Planning and Zoning Commission Packet 2019 04-10-19 PLANNING AND ZONING COMMISSION AGENDA Wednesday, April 10, 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: March 13, 2019 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2019-05 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing text amendments to Chapter 2: Rules and Definitions and Chapter 6: Permitted and Special Uses of the United City of Yorkville Zoning Ordinance. These proposed amendments will define Short-Term Rental Uses and indicate the zoning districts where they are permitted. 2. PZC 2019-09 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing the adoption of the Yorkville Downtown Overlay District which includes the Streetscape Master Plan and the Form-Based Code. The proposed Streetscape Master Plan provides guidance on the direction and character of future street related capital improvements in the downtown area. The Form-Based Code provides development standards for the downtown with the purpose to guide the development of a mix of uses and a pedestrian-oriented environment. Additionally, these standards are aimed at promoting a mix of housing types which are appropriate in scale and intensity in the downtown. The Form Based Code will be codified as Chapter 21: Downtown Overlay District in Title 10 of the Yorkville Municipal Code. Unfinished Business New Business 1. PZC 2019-05 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing text amendments to Chapter 2: Rules and Definitions and Chapter 6: Permitted and Special Uses of the United City of Yorkville Zoning Ordinance. These proposed amendments will define Short-Term Rental Uses and indicate the zoning districts where they are permitted. 2. PZC 2019-09 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing the adoption of the Yorkville Downtown Overlay District which includes the Streetscape Master Plan and the Form-Based Code. The proposed Streetscape Master Plan provides guidance on the direction and character of future street related capital improvements in the downtown area. The Form-Based Code provides development standards for the downtown with the purpose to guide the development of a United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us mix of uses and a pedestrian-oriented environment. Additionally, these standards are aimed at promoting a mix of housing types which are appropriate in scale and intensity in the downtown. The Form Based Code will be codified as Chapter 21: Downtown Overlay District in Title 10 of the Yorkville Municipal Code. 3. PZC 2019-12 Daniel, Bruce, and Norma VanDeventer and Deborah Hull on behalf of the Wilbur C. VanDeventer Trust (current owner) and Diane and Craig Zimmerman (prospective buyer), petitioners, are requesting a map amendment rezone for their property from A-1 Agricultural District to R-1 Residential District in unincorporated Kendall County. The 15.6-acre property is located north of the Galena Road and Kennedy Road intersection and northwest of the New Life Church Development. 4. PZC 2019-13 The successor developer for the Grande Reserve subdivision, Grande Reserve Chicago ASLI VI, LLP (Avanti Group), is seeking to revise the parcel dimensions for six (6) home lots and two (2) common space areas within Unit 23 (Neighborhood 1). The request is to resubdivide the existing final plats for each homesite parcel to extend the rear lot lines approximately 20 feet within the adjacent common space to accommodate a newer model ranch home, yet still meet requisite setback regulations for the R-2 zoning district. Additional Business Adjournment Page 1 of 3 DRAFT PLANNING & ZONING COMMISSION City Council Chambers 800 Game Farm Road, Yorkville, Il Wednesday, March 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-present, Danny Williams-present, Deborah Horaz-present, Don Marcum-present, Jeff Olson-present, Randy Harker-present City Staff Krysti Barksdale-Noble, Community Development Director Jason Engberg, Senior Planner Other Guests Lynn Dubajic, City Consultant Matt Hively, Hively Dan Kramer, Attorney Mr. Chris Mazzoni, Hively Theresa Dollinger, Castle Law Charles MacKinnon, MacKinnon Farm Previous Meeting Minutes February 13, 2019 The minutes were approved as presented on a motion and second by Commissioners Vinyard and Marcum, respectively. Roll call: Williams-yes, Horaz-yes, Marcum-yes, Olson-yes, Vinyard-yes, Harker-yes. Carried 6-0. Citizen’s Comments Chairman Harker officially welcomed new Commissioner Danny Williams who replaces Bill Gockman. Mr. Harker also said that Commissioner Ms. Reagan Goins will be stepping down from PZC after three years and he thanked her for her service. Public Hearings Chairman Harker explained the procedure for the Hearings and swore in those who would speak. At approximately 7:04pm a motion was made and seconded by Ms. Horaz and Mr. Vinyard, respectively, to open the Hearing. Roll call: Horaz-yes, Marcum-yes, Olson-yes, Vinyard-yes,Williams-yes, Harker-yes. Carried 6-0. 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 Page 2 of 3 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 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. (See Court Reporter Transcript) The Hearings were closed at approximately 7:20 pm on a motion by Mr. Vinyard and second by Mr. Marcum. Roll call: Horaz-yes, Marcum-yes, Olson-yes, Vinyard-yes, Williams-yes, Harker-yes. Carried 6-0. 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. Mr. Dan Kramer summarized the request for the side yard setback reduction and said they are withdrawing the fence height increase. He said he and city staff have been unable to contact Casey's after repeated attempts regarding a shared driveway. He is therefore asking for approval of the setback request. Mr. Engberg added that the driveway would be off McHugh since Casey's cannot be reached. Mr. Kramer said the Markers are moving their real estate office to the proposed building. He said if a 10-foot setback is approved, a 2-story building would be built and if not approved, a 3-story building would be built. Mr. Marcum questioned the access and if it is an acceptable distance from the intersection. Ms. Noble answered that the engineer will need to make a determination. One consideration had been a drive-over median, but that was rejected. Mr. Marcum and Mr. Harker said, for the record, they thought that would be a better solution. Ms. Noble read the six Standards and Mr. Olson questioned the ingress/egress with the setback change. Some Commissioners said there is not enough land for the building height desired even though the standards are met. Parking was discussed and 12 spots are needed for the proposed 2-story building and four more if a 3-story building is built. Commissioner Horaz asked if a retail use could be built there, however, there is not enough parking available. It was noted this piece of land is part of the Heartland subdivision. Page 3 of 3 Action Item PUD Amendment Commissioners Marcum and Vinyard moved and seconded, respectively, the following motion: Based on information provided by staff in memorandums dated December 6, 2018, February 6, 2019 and March 6, 2019 and 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 an amendment to the Heartland Annexation and Planned Unit Development Agreement to reduce the side yard setback from twenty (20) feet to ten (10) feet and further subject to construction not to exceed 2 stories and a fence not to exceed 6 feet. Roll call: Marcum-yes, Olson-yes, Vinyard-yes, Williams-yes, Horaz-no, Harker-yes. 5-yes, 1-nay. Motion carried. New Business 1. PZC 2019-03 Hively (see above description) There was no discussion and a motion was made by Commissioner Williams and seconded by Commissioner Vinyard as follows: 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. Roll call: Olson-yes, Vinyard-yes, Williams-yes, Horaz-yes, Marcum-yes, Harker-yes. Carried 6-0. Additional Business 1. City Council Action Updates The recent actions by City Council were noted as listed on the agenda. Mr. Olson reported there was an unprotected large hole that a child could fall into, near a commercial construction site in Kendall Crossing. He e-mailed several officials and the BKFD Fire Marshall. Ms. Noble said there currently is no ordinance that requires construction fencing. As a result, Mr. Olson proposed a requirement for fencing and Ms. Noble asked him to provide language for an upcoming update to the Building Code. The update will be brought to EDC and PZC. A stop work order or citation can be issued, but OSHA will be called tomorrow. 2. Planning and Zoning Commissioner Training Series - Presentation a. Construction Plan Basics for Planning and Zoning Commissioners Mr. Olson presented information on construction drawings to educate/refresh Commissioners on construction procedures and plans. He presented various documents and pointed out important items to look for on the plans. Adjournment There was no further business and the meeting was adjourned at 8:33pm on a motion by Ms. Horaz and approved on voice vote. Respectfully submitted by Marlys Young, Minute Taker PZC - March 13, 2019 - Public Hearing 1 1 2 3 4 5 6 UNITED CITY OF YORKVILLE 7 YORKVILLE, ILLINOIS 8 9 10 PLANNING AND ZONING COMMISSION 11PUBLIC HEARING 12 13 14 15 16 17 800 Game Farm Road 18 Yorkville, Illinois 19 20 21 22 ; Wednesday, March 13, 2019 23 7 : 00 p .m. 24 Uitosh Deporting Service 815. 993 .2832 cms.vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 2 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, 7 Mr . Danny Williams . 8 , 9 ALSO PRESENT : 10 Ms . Krysti Barksdale-Noble, Community 11 Development Director, 12 Mr . Jason Engberg, Senior Planner, 13 , Ms . Marlys Young, Minute Taker . 14 15 16 17 18 19 20 21 22 23 24 Uitosli Deporting Service 815. 993 .2832 cms.vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 3 1 WHEREUPON, the following 2 proceedings were had in 3 public hearing : ) 4 CHAIRMAN HARKER: There is one public 5 hearing, which is PZC 2019-03 , scheduled for 6 tonight ' s Planning and Zoning Commission 7 meeting . 8 The purpose of this hearing is to 9 invite testimony from members of the public 10 regarding the proposed request being heard before 11 ' the board tonight . 12 Public testimony from persons may 13 wish to speak may be in for -- or for the request 9 14 being heard or against the request or just have 15 ' questions for the petitioner . 16 ; Those persons wishing to testify are 17 ' asked to speak clearly, one at a time, state your 18 name and who you represent, if anyone . You are 19 also asked to sign in at the podium if you 20 haven ' t already done so . 21 If you plan to speak during 22 tonight ' s meeting as a petitioner or a member of 23 the public, please stand, raise your right hand 24 and repeat after me . Somebody has to talk . 1)itosh Reporting Service 815 . 993 .2832 cms.vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 4 1 Okay. 2 Witnesses sworn . ) 3 CHAIRMAN HARKER: Thank you . All right . 4 And the order that we ' re going to take the 5 testimony will be the petitioner will go, and 6 then those who are in favor of the request and 7 then those that are in opposition of the request 8 and then questions from the board to the 9 petitioner . Okay? 10 May I have a motion to open public I1 hearing on Petition Number PZC 2019-03? 12 MS . HORAZ : So moved . 13 MR. VINYARD : Second. 14 CHAIRMAN HARKER: Okay. Roll call vote, 15 please, on the motion . 16 MS . YOUNG: Yes . 17 Horaz . 18 MS . HORAZ : Yes . 19 MS . YOUNG: Markham. 20 MR. MARKHAM: Yes . 21 MS . YOUNG: Olson. 22 VICE-CHAIRMAN OLSON : Yes . 23 MS . YOUNG: Vinyard . 24 MR. VINYARD: Yes . Uitosli Deporting Service 815. 993 .2832 cros.vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 5 1 ' MS . YOUNG: Williams . 2 MR. WILLIAMS : Yes . 3 MS . YOUNG: Harker . 4 CHAIRMAN HARKER : Yes . Okay. 5 PZC 2019-03, Matthew C . Hively, 6 petitioner, has filed an application with the 7 United City of Yorkville, Kendall County, 8 Illinois , requesting rezoning classification of 9 three parcels . 10 The real property is located south 11 of Illinois Route 71 , north of Illinois Route 12 126, and part of the previously approved Windmill 13 Farms annexation agreement, which allowed for 14 certain land uses consistent with those found in 15 ' R-4 General Multi-Family Residence District and 16 ; B-3 General Business Districts -- I 'm sorry, B-3 17 General Business Zoning Districts . 18 The petitioner is seeking to rezone 19 two parcels to the B-3 General Business District, 20 and one parcel to an A-1 Agricultural District . 21 The purpose of rezoning is to 22 establish and operate a nursery and garden center 23 with a retail store on the proposed B-3 zoned 24 parcels and an accessory building for the storage Uitosh Deporting Service 815. 993 .2832 cms.vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 6 1 of the equipment, landscaping materials, in the 2 , proposed A-1 zoned parcel . Okay? 3 Petitioner, are you ready? 4 MS . DOLLINGER: Teresa Dollinger . I 5 represent Matt Hively, who is the petitioner . We 6 have two applications for rezoning to present 7 this evening . 8 The first -- They are both parcels 9 that were previously in the Windmill Farms 10 annexation. For one parcel we are seeking A-1 11 zoning, and for the other application we are 12 looking for B-3 zoning . 13 ' As was explained, the purpose for 14 the B-3 zoning is to operate a nursery and garden 15 center . We presented a concept plan that shows a 16 , 4 , 000 square foot building served for that 17 purpose, that would be the retail portion of 18 that -- of that business . 19 This parcel does extend just 20 across -- across the street as well, a small piece of that parcel . We were also seeking B-3 22 here . Presently we are contemplating no building 23 at this time; we are planning to landscape it so 24 it ' s in keeping with the appearance of the I9itosIi Deporting Service 815. 993.2832 cms.vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 7 1 nursery and garden center, and it will serve as 2 part of some support for the business and the 3 garden center . 4 With respect to the application 5 seeking A-1 zoning, that is -- it ' s a little bit 6 down the road from those parcels . It ' s currently 7 being farmed and we are looking to grow plants 8 ' and things that support the nursery and garden 9 center as well . 10 So I ' d be happy to answer any 11 questions that you have about our applications 12 that are in the packet tonight or the concept 13 plan we presented. 14 CHAIRMAN HARKER: Okay. 15 MS . NOBLE : Would you like your response 16 to the findings entered into the record? 17 MS . DOLLINGER : Yes, please . 18 CHAIRMAN HARKER: Excellent . Any 19 questions? Sorry. 20 MR. VINYARD: Yeah . The parcel number 21 three, you said that you guys are just going to 22 landscape it . 23 Was there any plans like -- You 24 weren ' t thinking like signage, or just kind of l9itosh Deporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 8 1 ' like tie the landscaping into the actual business 2 itself? 3 MS . DOLLINGER: For the parcel that ' s 4 part of the larger -- 5 MR . VINYARD : Yeah . For your lot . 6 MS . DOLLINGER: -- parcel? Yeah, at 7 this time we have to -- we do have to work with 8 the traffic situation of this very small piece, 9 so we don ' t have any plans to build presently on 10 ' that . We would like -- 11 MR. VINYARD : Something small . 12 MS . DOLLINGER: Yes, it is quite small, 13 but we do view that as part of the business and 14 view it as an opportunity to kind of showcase 15 some of the landscaping and services that would 16 be provided by the nursery and garden center . 17 MR. VINYARD: Completely clarified it . 18 So yeah, there is like a little shoulder where 19 you can put some plants in there, give an idea of 20 what you do and what you have . 21 MS . DOLLINGER: Right . 22 MR. VINYARD : Okay. Cool . Thank you . 23 CHAIRMAN HARKER: Will the main parcel 24 . number two there, will that have like a fence T2itosh Deporting Service 815 . 993 .2832 cms .vitosh@gmail.com PZC - March 13, 2019 - Public Hearing 9 1 around it or is there a call out for any of that? 2 MS . DOLLINGER : Around the garden 3 center? 4 CHAIRMAN HARKER : Yeah. 5 MS . DOLLINGER: There is no fencing 6 there . There would be some more landscaping with 7 trees, which is going to act as a natural fence, 8 but -- 9 CHAIRMAN HARKER: Okay. 10 MS . DOLLINGER : And they will be 11 complying with the appearance code that ' s 12 required with respect to signs, and obviously the 13 nature of the business is such that we want to 14 , make sure it ' s visibly attractive to the area . I5 CHAIRMAN HARKER: Okay. One other 16 thing, on the -- Would you say that like your -- 7 the company is going to be more like a -- like a 18Schaefer ' s or a -- you know, like a greenhouse 19 like that, or is it going to be more like a 20 Winding Creek? Is it Winding Creek down in -- 21 MS . HORAZ : Yeah . 22 CHAIRMAN HARKER : -- Millbrook? I mean, 23 I 'm just trying to -- What ' s that? They ' re 24 both -- You guys are going to be retail, right? I2itosh lNeporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 10 1 It ' s going to be retail? 2 MS . DOLLINGER: Yes . 3 CHAIRMAN HARKER : Okay. 4 MS . DOLLINGER: Mm-hum. So for people 5 looking to update their gardens, do landscaping, 6 they will come in, view the products, get advice, 7 and -- 8 CHAIRMAN HARKER: Okay. 9 MS . DOLLINGER: Does that help to 10 answer? 11 ' CHAIRMAN HARKER: Yeah, I 'm sure -- I 12 think it ' s going to be kind of like Winding 13 Creek . 14 VICE-CHAIRMAN OLSON: Yeah, absolutely. 1 15 But in Yorkville . 16 CHAIRMAN HARKER : But in Yorkville, 17 exactly. Okay . 18 , MS . HORAZ : I have a concern about the 19traffic, speed limit around there and the 20 entrance -- 21 ' CHAIRMAN HARKER: Okay. 22 MS . HORAZ : -- as far as IDOT and -- 231 MS . NOBLE : Right . So both streets or 24 ! roadways that they are adjacent to, 71 and 126, liitosh Reporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 11 1 are regulated by IDOT, so we do not control the 2 speed limit on those streets, on those roadways . 3 However, they would need to get a 4 permit from IDOT, and IDOT would take all of that 5 into consideration on the location of the 6 entrance, decelerate . 7 MS . HORAZ : Right, because they don ' t 8 have -- it ' s pretty dangerous there . 9 MS . NOBLE : Right, have to decelerate . 10 So the petitioner has submitted a petition to 11 IDOT and they have not gotten a response back 12 from IDOT . As you do know, IDOT does have plans 13 for 71 . 14 ' MS . HORAZ : Right . 15 CHAIRMAN HARKER: Yeah. 16 MS . NOBLE : Widening for that . They do 17 have plans for 126, that ' s just not funded yet, 18 so it ' s down the road, but they would be 19 considering all of that when they issue the 201 permit to the petitioner . MS . DOLLINGER: And we have been working 22 with IDOT in developing a concept plan and we did 23 initially make some applications based on some of 24 their comments , and so the access points on our Uitosfi Deporting Service 815. 993 .2832 cms.vitosh@gmail .com PZC - March 13, 2019 - Public Hearing — 12 1 most current concept plan have been preliminarily 2 approved by IDOT, but we will have to get the 3 permits and go through their process, so they 4 will be reviewing our plans as well . 5 ; CHAIRMAN HARKER: I think, you know, a 6 concern of mine is parcel one, as far as the 7 traffic on 71, is coming out of there, you know, 8 because they ' re going to be -- you ' re going to be 9 ' hauling stuff with like tractors and hay racks, 10 or how are you going to get it there? 11 ; MR. HIVELY : It would be trucks -- 12 CHAIRMAN HARKER: Semis? 13 MR. HIVELY : -- and trailers . 14 CHAIRMAN HARKER: Okay. 15 ° MR. HIVELY : Yeah, it won ' t be hay 16 wagons down 71 . 17 ' CHAIRMAN HARKER : Okay. Yeah, that ' s 18 what I was thinking . I ' m like man, that ' s going 19 to be dangerous pulling out and then having -- 20 okay. Okay . 21 MR. MARCUM: Is this business already in 22 operation someplace or is this a start-up 23 operation? 24 MS . DOLLINGER: This is going to be -- 1itosh Deporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 13 1 this is a new retail business . 2 MR. HIVELY : Yeah, I have a landscaping 3 company now, I am planning to open this as a 4 separate business from that . 5 CHAIRMAN HARKER: Would you identify 6 yourself, please? 7 MR. HIVELY : Matt Hively . 8 MS . NOBLE : And do you mind speaking 9 into the microphone? Our court reporter isn ' t 10 here, so she ' ll be taking the information from I1 the recording . 12 MR. HIVELY : Okay. 13 CHAIRMAN HARKER: Go ahead and say your 14 name again, please . 15 MR. HIVELY : Matt Hively. 16 CHAIRMAN HARKER: Okay. 17 ' MS . NOBLE : And then do you want to 18 respond? 19 MR. HIVELY : It ' s going to be a new 20 business . I have a landscaping company already 21 and it ' s just another business venture, you know. 22 , MR. VINYARD: Is the landscaping company 23 the one down the street? 24 MR. HIVELY : No . liitosh Deporting Service 815 . 993 .2832 cms.vitosh@gmail .com 1 PZC - March 13, 2019 - Public Hearing 14 1 , MR. VINYARD: Okay . 2 MR. HIVELY : We used to run out of 3 there, but we are in Oswego now. 4 CHAIRMAN HARKER: Okay. 5 ' MS . DOLLINGER: So it ' s an expansion of 6 an existing landscape business . 7 CHAIRMAN HARKER: Excellent . And do you 8 do like pergolas and hardscape stuff also? 9 MR. HIVELY : Yeah, doing kind of some 10 lawn furniture, plants, sawmill to make some 11 pergolas, you know, benches, you know, just kind 12 of a different garden center . 13 CHAIRMAN HARKER: Okay. 14 MR. HIVELY : It ' s not going to be just 15 ' plants . I have some stuff like that, too . 16 '; CHAIRMAN HARKER : All right . 17 ' VICE-CHAIRMAN OLSON : Personally I 'm a 18 • little nervous how much money I 'm going to spend 19 ; there . 20 ; CHAIRMAN HARKER: All right . 21 MS . HORAZ : Matt, do you own the 22 property? 231 MR. HIVELY : We are in the process . We 24 have it under contract, so -- Uitosh Deporting Service 815. 993 .2832 cms.vitosh@gmail .com PZC - March 13, 2019 —Public Hearing 15 1 MS . HORAZ : And how is it designated in 2 the Comprehensive Plan? 3 MS . NOBLE : So the Comprehensive Plan 4 does designate this area as estate residential, 5 and I will explain a little bit the history of 6 how we came about that . 7 When we did the Comprehensive Plan 8 starting in 2016, at that time we were just 9 coming out of the recession with the turnover of 10 the economy and where we were going, we were 11 trying to look for a vision, so the direction of 12 the Comprehensive Plan was to focus on the built 13 area of the community, and everything on the 14 outside, that didn' t have an active agreement 15 . where buildings were happening, we put it into a 16 place holding category, which is our estate 17 residential . 18 This area -- The horizon of that 19 Comp Plan is ten years, so we are about a third 20 of the way into it . 21 The parcel was deemed one of those 22 locations that we didn' t think anything was going 23 to happen because it ' s encumbered by an existing 24 ' annexation agreement which had retail as well as Uitosh Reporting Service 815. 993 . 2832 cros.vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 16 1 residential, so we put that in a holding 2 pattern. 3 When these petitioners came forward 4 saying that they were looking to move forward 5 with this parcel, we decided that we would look 6 at trying to get owners together to do one grand 7 amendment to that annexation agreement releasing 8 the obligation so that they could move forward; 9 however, we weren ' t able to get all of the 10petitioners , or the owners to be petitioners in 11 that agreement, so the process that we ' re taking 12 ' is being piecemeal, it ' s a parcel-by-parcel 13 addressing of the issue, so what we are doing 14 separately from the PZC meeting tonight, is we 15 are having a public hearing at City Council on 16 the 26th and at that time we will amend the 17 annexation agreement to release the obligations 18 ' of that very large -- and in your packet you have 19 that very large, possibly unrealistic plan, and 20 , then allow each parcel owner, correct, each 21 parcel owner to come in, rezone the property to a 22 more appropriate land use, and then move forward 23 with that . 24 MR. VINYARD: I can see this as being an l2itosh Deporting Service 815. 993 . 2832 cros.vitosh@gmail . com PZC - March 13, 2019 - Public Hearing - 17 1 issue with other places within the city. Is 2 there something that we can do to maybe address 3 this and make it an easier transition, or are we 4 going to have to do this every time somebody else 5 comes? 6 MS . NOBLE : So this is a unique case . 7 Are you referring to just this parcel or the 8 amendment to the Comprehensive Plan? 9 MR. VINYARD: No, I 'm clarifying it in 10 general because I am certain there is other 11 places within our Comprehensive Plan that we 12 could possibly see something like this -- 13 MS . NOBLE : Sure . Sure . 14 MR. VINYARD: -- and there was kind of 15 that middle ground area, we don' t know exactly 16 what to do with it, so went with this . 17 MS . NOBLE : Yes . 18 VICE-CHAIRMAN OLSON : The Comprehensive 19 Plan is a guide, it ' s not -- 20 MR. VINYARD: Exactly. 21 VICE-CHAIRMAN OLSON: Right? So as long 22 as we stay true to what the intent is, not 23 necessarily what it ' s designated as -- we ' re not 24 going to put an industrial building across the itosh Deporting Service 815. 993. 2832 cms .vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 18 1 street from -- 2 MR . VINYARD: Is there something -- I 'm 3 fine with this . Is there something that we can 4 do to streamline this so that we don ' t -- 5 MS . NOBLE : Sure . 6 MR. VINYARD: -- have to keep going 7 through -- 8 MS . NOBLE : Sure . So what the process 9 is -- So two things . You do value the 10 Comprehensive Plan as a guide, as Jeff mentioned . 11 It does have some legal standing 121 because it has to be adopted by the community, 13 but you have the ability to amend it, and that ' s 14 the process . 15 So at the end of the year, staff 16 ' brings a lot of the projects that have come 17 through that were approved that had deviations 18 from that plan and we present it to you and amend 19the document . 20 So it ' s a living document, it 21 ' changes , and just as rezoning changes , you know, 22 the land use, we would do that, too . 1 23 To kind of predict where that ' s 24 going to happen, possibly we could do that, but 1itosh Reporting Service 815 . 993 .2832 cms.vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 19 1 we let the market kind of dictate, you know. 2 MR. VINYARD: I just didn ' t know if this 3 was going to be the same stuff for the next time 4 this came through and if we could save -- 5 MS . NOBLE : Sure . 6 ' MR. VINYARD: -- a little bit of time 7 and energy on everyone ' s side to streamline it, 81 but -- Okay . 9 MS . NOBLE : It will be unfortunately for 10 this particular parcel, because it has I think 12 11I individual owners . 12 ' VICE-CHAIRMAN OLSON: Somebody brings 13 something to us every once in a while, we get to 14 have input on it . 15 MR. VINYARD: Yeah, no, I agree . 16 VICE-CHAIRMAN OLSON: I don ' t want it to 17 be too streamlined and then it ' s taken out of our 18 hands and our opinions and -- so . 19 ' MS . NOBLE : Right . 20 MR. VINYARD: Point taken . 21 CHAIRMAN HARKER : Thank you . 22 MS . DOLLINGER : You are welcome . 23 ! MS . HORAZ : You know, I always thought 24 this area would be more like retail stores , 1)itosh Reporting Service 815 . 993 .2832 cms .vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 20 1 grocery, as the foundation lots . The hospital 2 was supposed to go there . 3 CHAIRMAN HARKER: Across the street . 4 MR. VINYARD: That ' s a lot of houses 5 through the area there . 6 MS . NOBLE : Yes . 7 ; MR. VINYARD: Landscaping and pergolas 8 and chairs and stuff . 9 VICE-CHAIRMAN OLSON : I plan on retiring 10 in the future subdivision across the street 11 ' there on 71 that ' s not built yet, it ' s meant to 12be, so -- 13 , MS . HORAZ : So you ' re going to need a 14 nursery. 15 VICE-CHAIRMAN OLSON : So I 'm going to 16 need a nursery across the street . 17 MR. WILLIAMS : I don ' t want to drive to 18 Winding Creek every time, so I mean, if it ' s 19 got just a place . There is plenty of 20 subdivisions around . 21 VICE-CHAIRMAN OLSON : And if you look on 22 the -- you know, what our requirements are to 23 meet in order to do it, one of them is I think 24 there is a need for it . Uitosfi p,a ortin Service 815. 993 .2832 cms.vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 21 1 MS . NOBLE : Correct . Public need. 2 CHAIRMAN HARKER: Yeah. 3 MS . HORAZ : Yeah, it ' s on this page . 4 MS . DOLLINGER : And, you know, Matt is 5 going to be creating a lot of jobs here, talking 6 about 30, 35 jobs . 7 ' CHAIRMAN HARKER : Mm-hum. Yeah . 8 ' MS . DOLLINGER: And also it ' s a big 9 sales tax generator for the city. 10 CHAIRMAN HARKER: Absolutely. 11 MS . DOLLINGER : People spend a lot of 12 money. I know if you see what I spend every 13 year at my landscape -- 14 CHAIRMAN HARKER: Me, too . 15 ' MS . DOLLINGER : As a matter of fact, I 16 gave them my initial spot that I gave, I gave 17 , them my -- 18 CHAIRMAN HARKER: That ' s right . Yeah . 19 ' Okay. Excellent . 20 MS . DOLLINGER: Winding Creek, love 21 ,, them, too, but I ' m just saying, this in 22 Yorkville, now they will be able to get a lot of 23 things . These type of centers, they carry things 24 ' you can ' t buy in other places . Vitosh Reporting Service 815 . 993 . 2832 cms.vitosh@gmail . com PZC - March 13, 2019 - Public Hearing 22 1 CHAIRMAN HARKER: Correct, yeah . And, 2 actually, you know, thinking about it more, 3 once -- if it gets approved and everything they 4 have it built and all that good stuff, you know, 5 it actually might close a slow down a little bit 6 on 71 , you know what I mean? 7 Especially if you' re coming 8 around that -- if you ' re coming like into town 9 from -- and you ' re heading west on 71, as you 10 come down the hill . That would be nice . 11 MR. HIVELY : Yeah, I ' m going to 12 landscape it real nice, and I mean, the building 13 is going to look nice, I ' ve got a bunch of 14 handmade beams from a barn we took down, I 'm 15 going to make the front porch out of . I ' m going 16 to build everything right . 17 ' CHAIRMAN HARKER : Cool . Very nice . 18 Does anybody else have any questions for them 19 right now? 20 No response . ) 21 CHAIRMAN HARKER : Okay. All right . 22 Thank you. 23 MS . DOLLINGER : Thank you . 24 MR. HIVELY: Thank you. Vitosh deporting Service 815. 993 .2832 cms.vitosh@gmail . com PZC - March 13, 2019 - Public Hearing 23 1 CHAIRMAN HARKER: Okay. Anybody here 2 that would like to speak that ' s in favor of the 3 , request that ' s being heard? 4 ! No response . ) 5 CHAIRMAN HARKER: Anybody that would 6 like to speak that ' s opposed to the request being 7 heard? 8 No response . ) 9 ! CHAIRMAN HARKER: Okay. Questions? Any 10 more questions? 11 No response . ) 12 CHAIRMAN HARKER: Okay, none . All 13 right . 14 Seeing that all the testimony has 15 been taken, may I get a motion to close out of 16 ' the public hearing and close the Petition Number 17 PZC 2019-03? 18 MR. VINYARD: So moved. 19 MR . MARCUM: Second . 20 CHAIRMAN HARKER: Okay. Public hearing 21 is now closed. 221 MS . NOBLE : Roll call . 23 CHAIRMAN HARKER: What ' s that? 24 MS . NOBLE : Roll call . Iiitosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail .com PZC - March 13, 2019 - Public Hearing 24 1 , CHAIRMAN HARKER: Roll call on the 2 motion . Thank you. 3 MS . YOUNG: Horaz . 4 MS . HORAZ : Yes . 5 MS . YOUNG: Markham. 6 MR. MARKHAM: Yes . 7 MS . YOUNG: Olson. 8 VICE-CHAIRMAN OLSON: Yes . 9 ' MS . YOUNG: Vinyard. 10 MR . VINYARD : Yes . 11MS . YOUNG: Williams . 12 MR . WILLIAMS : Yes . 13 MS . YOUNG: Harker . 14 CHAIRMAN HARKER : Yes . 15 All right . 16 Which were all the 17 proceedings had in the 18 public hearing portion 19 of the meeting . ) 20 000--- 21 22 23 24 liitosh Deporting Service 815 . 993 .2832 cms.vitosh@gmail.com PZC - March 13, 2019 - Public Hearing 25 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 from the audio recording taken at 6 the meeting and that the foregoing, Pages 1 7 through 25, inclusive, is a true, correct and 8 ' complete computer-generated transcript of the 9 proceedings had at the time and place aforesaid . 10 I further certify that my certificate annexed I1 hereto applies to the original transcript and 121 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. 16As certification thereof, I have hereunto set 17 my hand this 29th day March, A. D . , 2019 . 18 19 20 ' Christine M . Vitosh, CSR Illinois CSR No . 084-002883 21 22 23 24 Vitosh Reporting Service 815. 993 .2832 cms.vitosh@gmail .com 26 PZC - March 13, 2019 - Public Hearing - 0 act[1]-9:7 big[1]-21:8 23:12,23:20,23:23, Council[1]-16:15 active[i]-15:14 bit[a]-7:5,15:5, 19:6, 24:1,24:8,24:14 County[1]-5:7 actual[1]-8:1 22:5 chairs[1]-20:8 COUNTY[1]-25:2 084-002883[1]-25:20 address[1]-17:2 board[2]-3:11,4:8 changes[2]-18:21 court[1]-13:9 addressing[1]-16:13 brings[2]-18:16,Christine[2]-25:3, creating[1]-21:51adjacent[1]-10:24 19:12 25:20 Creek[5]-9:20, adopted[1]-18:12 build[2]-8:9,22:16 City[2]-5:7, 16:15 10:13,20:18,21:20 1[1]-25:6 advice[1]-10:6 building[5]-5:24,CITY[1]-1:6 CSR[2]-25:20,25:20 12[1]-19:10 aforesaid[1]-25:9 6:16,6:22,17:24, city[2]-17:1,21:9 current[1]-12:1 126[3]-5:12,10:24, agree[i]-19:15 22:12 clarified[1]-8:17 11:17 agreement[6]-5:13, buildings[1]-15:15 clarifying[11-17:9 D 15:14, 15:24, 16:7, built[3]-15:12, classification 1 -5:8131 -1:22 16:11, 16:17 20:11,22:4 clearly[i]-3:17 2 Agricultural[1]-5:20 bunch[1]-22:13 close[3]-22:5,23:15, dangerous[2]-11:8, ahead[11-13:13 business[11]-6:18, 23:16 12:19 allow[1]-16:20 7:2,8:1,8:13,9:13, closed[1]-23:21 Danny 01-2:7 2016[1]-15:8 allowed[1]-5:13 12:21,13:1,13:4, code[1]-9:11 Deborah[1]-2:5 2019[2]-1:22,25:17 ALSO[1]-2:9 13:20,13:21, 14:6 coming[4]-12:7,decelerate[2]-11:6, 2019-03[4]-3:5,4:11, amend[3]-16:16,Business[3]-5:16,15:9,22:7,22:8 11:9 5:5,23:17 18:13, 18:18 5:17,5:19 comments[1[-11:24 decided[1]-16:5 25[1]-25:7 amendment[2]-16:7, buy[1]-21:24 Commission 0]-3:6 deemed[1]-15:21 26th[1]-16:16 17:8 COMMISSION[1]- designate[1]-15:4 29th[1]-25:17 AND[1]-1:10 C 1:10 designated[2]-15:1, annexation[5]-5:13, community[2]- 17:23 developing[1]-11:226:10,15:24,16:7, carry[1]-21:23 15:13,18:12 Development[1]-16:17 Community[1]-2:10case[1]-17:6 2:11annexed[1]-25:10 Comp[1]-15:1930[1]-21:6 category[1]-15:16 deviations[1]-18:17answer[2]-7:10, company[4]-9:17,35[1]-21:6 center[s]-5:22,6:15, dictate[1]-19:110:10 13:3,13:20, 13:22 7:1,7:3,7:9,8:16,different[1]-14:12appearance[2]-6:24, complete[1]-25:8 4 9:3, 14:12 9:11 completely[1]-8:17 direction[2]-15:11, centers[1]-21:23 25:15application[3]-5:6,complying[1]-9:11 Director[11-2:11certain[2]-5:14, 4,000[1]-6:16 6:11,7:4 Comprehensive[s]-17:10 District[3]-5:15,applications[3]-6:6,15:2,15:3,15:7, certificate[1]-25:10 5:19,5:2077:11,11:23 15:12, 17:8, 17:11, applies[1]-25:11 certification[11 17:18, 18:10 Districts[2]-5:16, 25:16 5:17appropriate[1]- computer[1]-25:8 171[s]-5:11,10:24, 16:22 Certified 1 1-25:3 computer-generated document[2]-18:19, 11:13,12:7,12:16, approved[41-5:12, certified[1]-25:12 11.25:8 18:20 20:11,22:6,22:9 12:2,18:17,22:3 certify[2]-25:4, concept[a[-6:15,Dollinger 111-6:4 7:00[1]-1:23 area[71-9:14, 15:4, 25:10 7:12,11:22, 12:1 DOLLINGER[22]- Chairman[2]-2:2, 6:4,7:17,8:3,8:6,15:13,15:18,17:15, concern[2]-10:18, 82:3 8:12,8:21,9:2,9:5,19:24,20:5 12:6 9:10,10:2,10:4,CHAIRMAN[5e]-3:4, assume 0]-25:13 consideration[1]- 4:3,4:14,4:22,5:4,10:9,11:21,12:24,attractive[1]800[11-1:17 7:14,7:18,8:23,9:4, 14:5,19:22,21:4, audio[1]-25:5 9:9,9:15,9:22,10:3, considering[1] 21:8,21:11,21:15, A 10:8,10:11,10:14, 11:19 consistent[1]-5:14 21:20,22:23B10:16,10:21,11:15, contemplating[1]- Donald[1]-2:6 12:5,12:12,12:14, done[1]-3:20A-1[4]-5:20,6:2, 12:17,13:5,13:13, 6:22 B-3[7]-5:16,5:19, down[s]-7:6,9:20,6:10,7:5 contract[1]-14:24 5:23,6:12,6:14, 13:16,14:4,14:7, 11:18, 12:16, 13:23,A.D[1]-25:17 14:13,14:16,14:17, control[2]-11:1, 6:21 22:5,22:10,22:14 ability[1]-18:13 14:20,17:18,17:21, 25:15 Barksdale[1]-2:10 drive[1]-20:17able[2]-16:9,21:22 cool[2]-8:22,22:17 absolutely[2]-10:14, Barksdale-Noble[1]- 19:12,19:16,19:21, co ies[z]-25:12,during[1]-3:21 2:10 20:3,20:9,20:15, P 21:10 25:14 barn[1]-22:14 20:21,21:2,21:7, Eaccess[1]-11:24 based[11-11:23 21:10,21:14,21:18, Correct[2]-21:1, accessory[1]-5:24 22:1,22:17,22:21, 22:1 accuracy[1]-25:14 beams 11]-22:14 correct[2]-16:20, benches[11-14:11 23:1,23:5,23:9, easier[1]-17:3 25:7 Iiitosh Reporting Service 815 . 993 .2832 cros.vitosh@gmail .com 27 PZC - March 13, 2019 - Public Hearing - economy[1]-15:10 8:16,9:2, 14:12 HIVELY[15]-12:11, Krysti[1]-2:10 members[1]-3:9 encumbered[1]- gardens[11-10:5 12:13,12:15, 13:2, mentioned[1]-18:10 15:23 General[4]-5:15, 13:7,13:12,13:15,L microphone[1]-13:9 end[i]-18:15 5:16,5:17,5:19 13:19, 13:24, 14:2, middle[1]-17:15 energy[1]-19:7 general[1]-17:10 14:9,14:14,14:23, might[1]-22:5 Engberg(1]-2:12 generated[1]-25:8 22:11,22:24 land[3]-5:14, 16:22, Millbrook[1]-9:22 entered 01-7:16 generator[1]-21:9 holding[2]-15:16, 18.22 mind[1]-13:8 entrance[2]-10:20, grand[1]-16:6 16:1 landscape[5]-6:23, mine[11 12:6 11:6 greenhouse[1]-9:18 Horaz[3]-2:5,4:17, 7:22,14:6,21:13, Minute[1]-2:13 equipment(11-6:1 grocery[1]-20:1 24:3 22:12 mm-hum[1]-21:7 especially[1]-22:7 ground[1]-17:15 HORAZ[13]-4:12,landscaping[9]-6:1, Mm-hum[1]-10:4 establish(11-5:22 grow(1]-7:7 4:18,9:21,10:18,8:1,8:15,9:6,10:5, money[2]-14:18, estate[2]-15:4,15:16 guide[2]-17:19, 10:22,11:7, 11:14, 13:2,13:20,13:22, 21:12 14:21,15:1, 19:23, 20:7 evening[1]-6:7 18:10 most[1]-12:1 large[2]-16:18, exactly[3]-10:17,guys[2]-7:21,9:24 20:13,21:3,24:4 16:19 motion[4]-4:10, 17:15,17:20 horizon[1]-15:18 4:15,23:15,24:2 Excellent[2]-14:7,hospital[11-20:1 larger o]-8:4HLASALLE[1]-25:2 move[3]-16:4,16:8, 21:19 houses[1]-20:4 16:22 lawn[1]-14:10hum[2]-10:4,21:7excellent[11-7:18 moved[2]-4:12, hand[3]-3:23,25:13, legal[1]-18:11 existing[2]-14:6, 23:18 25:17limit[2]-10:19,11:215:23 1 MR[45]-4:13,4:20, handmade[11-22:14 living[1]-18:20 expansion[1]-14:5 4:24,5:2,7:20,8:5, hands[1]-19:18 located(1]-5:10 explain[1]-15:5 8:11,8:17,8:22, happy[1]-7:10 idea[1]-8:19 location[1]-11:5 explained[1]-6:13 1 12:11, 12:13, 12:15, hardscape(1]-14:8 identify[]-13:5 locations[1i-15:22 extend[11-6:19 12:21, 13:2,13:7, Harker[3]-2:2,5:3, IDOT[9]-10:22, 11:1, look[4]-15:11,16:5, 13:12, 13:15,13:19, 24:13 11:4,11:11, 11:12, 20:21,22:13 13:22, 13:24,14:1,F HARKER[47]-3:4, 11:22, 12:2 looking[a]-6:12,7:7, 14:2,14:9,14:14, 4:3,4:14,5:4,7:14, ILLINOIS[2]-1:7, 10:5,16:4 14:23,16:24,17:9, fact(1]-21:15 7:18,8:23,9:4,9:9, 25:1 love[1]-21:20 17:14,17:20,18:2, Family[1]-5:15 9:15,9:22,10:3,Illinois[5]-1:18,5:8,18:6, 19:2, 19:6, far(21-10:22,12:6 10:8,10:11,10:16, 5:11,25:20 M 19:15, 19:20,20:4, Farm[11-1:17 10:21, 11:15, 12:5, inclusive[11-25:7 20:7,20:17,22:11, fanned[11-7:7 12:12, 12:14, 12:17, individual[11-19:11 22:24,23:18,23:19, Farms[2]-5:13,6:9 13:5,13:13,13:16, Industrial[1]-17:24 main[1]-8:23 24:6,24:10,24:12 favor[2]-4:6,23:2 14:4,14:7,14:13, information[1]- man[1]-12:18 MS[66]-4:12,4:16, fence[2]-8:24,9:7 1416, 14:20,19:21, 13:10 March[2]-1:22,25:17 4:18,4:19,4:21, fencing[1]-9:5 20:3,21:2,21:7,initial[1]-21:16 MARCUM[2]-12:21, 4:23,5:1,5:3,6:4, 21:10,21:14,21:18, input[11-19:14 23:19 filed[t]-5:6 7:15,7:17,8:3,8:6, 22:1,22:17,22:21, intent o]-17:22 Marcum[1]-2:6 findings[1]-7:16 8:12,8:21,9:2,9:5, fine[11-18:3 23:1,23:5,23:9,invite[11-3:9 market[11-19:1 9:10,9:21,10:2, 23:12,23:20,23:23, issue[3]-11:19, Markham[2]-4:19, first[1]-6:8 10:4,10:9,10:18, 24:1,24:14 16:13,17:1 24:5 focus[1]-15:12 MARKHAM[z]-4:20, 10:22, 10:23,11:7, following[1]-3:1 hauling[1]-12:9 itself[1]-8:2 11:9,11:14,11:16, hay[2]-12:9,12:15 24:6 foot(11-6:16 11:21, 12:24, 13:8, foregoing[1]-25:6 heading[1]-22:9 J Marlys[1]-2:13 13:17, 14:5,14:21, heard[4]-3:10,3:14, materials[1]-6:1 forward[a]-16:3, 15:1,15:3,17:6, 16:4,16:8,16:22 23:3,23:7 Matt(a1-6:5,13:7, 17:13, 17:17,18:5, HEARING[1]-1:11 Jason[11-2:12 14:21,21:4 18:8,19:5,19:9,foundation[1]-20:1 Jeff[z1-2:3,18:10 matt[1]-13:15 front(1]-22:15 hearing[a]-3:3,3:5, 19:19,19:22, 19:23, 3:8,4:11,16:15,jobs[z]-21:5,21:6 matter[11-21:15 funded[1]-11:17 20:6,20:13,21:1, furniture(11-14:10 23:16,23:20,24:18 Matthew[1]-5:5 21:3,21:4,21:8, future[11-20:10 help[11-10:9 K mean[a]-9:22,20:18, 21:11,21:15,21:20, hereby[1]-25:4 22:6,22:12 22:23,23:22,23:24, G hereto[1]-25:11 keep[1]-18:6 meant[11-20:11 24:3,24:4,24:5, hereunto[1]-25:16 meet[1]-20:23 24:7,24:9,24:11,keeping[1]-6:24 hill[1]-22:10 Kendall[1]-5:7 meeting[5]-3:7, 24:13 Game[1]-1:17 history[1]-15:5 kind[81-7:24,8:14, 3:22,16:14,24:19, Multi[1]-5:15 garden[s]-5:22, Hively[41-5:5,6:5,10:12,14:9,14:11, 25:6 Multi-Family[1]-5:15 6:14,7:1,7:3,7:8,13:7,13:15 17:14, 18:23, 19:1 member[1]-3:22 Vitosh Reporting Service 815. 993.2832 cros.vitosh@gmail .com 28 PZC - March 13, 2019 - Public Hearing - N order[2]-4:4,20:23 Plan[9]-15:2, 15:3,Q road[2]-7:6,11:18 original[1]-25:11 15:7,15:12,15:19, Road[1]-1:17 Oswego[1]-14:3 17:8,17:11, 17:19, roadways[2]-10:24, name[2]-3:18,13:14 outside[1]-15:14 18:10 questions[7]-3:15,11:2 natural[1]-9:7 own[11-14:21 Planner[1]-2:12 4:8,7:11,7:19, Roll[1]-23:24 nature[1]-9:13 owner[2]-16:20, planning[2]-6:23,22:18,23:9,23:10 roll[3]-4:14,23:22, necessarily[1]-17:23 16:21 13:3 quite[1]-8:12 24:1 need[5]-11:3,20:13, owners[3]-16:6, Planning[1]-3:6 Route[2]-5:11 20:16,20:24,21:1 16:10, 19:11 PLANNING[1]-1:10 R run[1]-14:2 nervous[1]-14:18 plans[5]-7:23,8:9, new[2]-13:1,13:19 P 11:12, 11:17, 12:4 R- S next[1]-19:3 1 - 15 plants[4]-7:7,8:19, racks q 12:9nice[4]-22:10,22:12, 14:10, 14:15 raise 0]-3:23 sales[1]-21:922:13,22:17 p.m iii-1:23 plenty[1]-20:19 Noble[1]-2:10 packet[2]-7:12, podium[1]-3:19 Randy[1]-2:2 save[1]-19:4 NOBLE 091-7:15, 16:18 ready[1]-6:3 sawmill[1]-14:10 point[11 19:20 real[2]-5:10,22:1210:23,11:9,11:16, Page[1]-21:3 points[1] 11:24 Sch efees[1]-9:18 13:8, 13:17,15:3, Pages[1]-25:6 recession[1]-15:9 scheduled[1]-3:5porch[1]-22:15 record[11-7:1617:6,17:13,17:17, parcel[18]-5:20,6:2, portion[2]-6:17, Second[1]-23:19 18:5,18:8,19:5, 6:10,6:19,6:21, 24:18 recording[2]-13:11, second[1]-4:13 19:9,19:19,20:6,7:20,8:3,8:6,8:23,25:5 see[3]-16:24,17:12, 21:1,23:22,23:24 12:6,15:21, 16:5, possibly[31-16:19, referring[1]-17:717:12,18:24 21:12 none[1]-23:12 16:12,16:20, 16:21, predict[1]-18:23 regarding[1]-3:10 seeing[1]-23:14 north[1] 5:11 17:7,19:10 preliminarily[1]-12:1 regulated[1]-11:1 seeking(41-5:18, Number[2]-4:11,parcel-by-parcel[1]- release[1]-16:17 6:10,6:21,7:5 23:16 16:12 present[z1-6:6, releasing[1] 16:718:18 semis[1]-12:12 number[z]-7:20,parcels[5] 5:9,5:19, PRESENT[2]-2:1, repeat[1]-3:24 Senior[1]-2:12 8:24 5:24,6:8,7:6 2:9 reporter[1]-13:9 separate[1]-13:4 nursery[7]-5:22,part[a]-5:12,7:2, presented[2]-6:15, Reporter[1]-25:4 separately[1]-16:14 6:14,7:1,7:8,8:16, 8:4,8:13 7:13 represent[2]-3:18, serve[1]-7:1 20:14,20:16 particular[1]-19:10 6:5 served[1] 6:16presently[21-6:22, pattern[1]-16:2 8:9 reproduced[1]- services[1]-8:15 O People[1]-21:11 pretty[1]-11:8 25:14 set[1]-25:16 people[1]-10:4 previously[z] 5:12, request[7]-3:10,Shorthand[1]-25:3 pergolas[3]-14:8,fi.9 3:13,3:14,4:6,4:7, shoulder[1]-8:18 obligation[1]-16:8 14:11,20:7 23:3,23:6 proceedings[4]-3:2,obligations[1]-16:17 showcase(11-8:14 permit[z]-11:4, 24:17,25:5,25:9 requesting[11-5:8 shows[1]-6:15 obviously[1]-9:12 11:20 required[11-9:12process[51-12:3,OF[3]-1:6,25:1,25:2 side[11-19:7 permits[11-12:3 requirements[1]- OLSON[111-4:22, 14:23,16:11, 18:8, sign[1]-3:19 Personally[1]-14:17 20:22 18:14 signage[1]-7:24 10:14, 14:17,17:18,persons[2] 3:12, Residence[1] products[1]-10:6 5:15 signed[1]-25:12 17:21, 19:12,19:16, 3:16 residential[3]-15:4, projects[1]-18:16 signs[1]-9:12 20:9,20:15,20:21,petition[1]-11:10 15:17,16:1 24:8 Petition[2]-4:11, property[3]-5:10, respect[2]-7:4,9:12 situation[1]-8:8 Olson[3]-2:3,4:21, 23:16 14:22,16:21 respond[11-13:18 slow[1]-22:5 24:7 petitioner[101-3:15, proposed[3]-3:10, response(s]-7:15, small[4]-6:20,8:8, once[2]-19:13,22:3 5:23,6:2 8:11,8:12 3:22,4:5,4:9,5:6, 11:11,22:20,23:4, one po]-3:4,3:17, 5:18,6:3,6:5, 11:10, Provided[11 8:16 23:8,23:11 someplace[1]-12:22 5:20,6:10,9:15, 11: 20PUBLIC[ 1]-1:11 sorry[2]-5:16,7:19 responsibility[1]-5:20, 13:23,15:21, Public[1]-21:1 south[1]-5:10 petitioners[3]-16:3,25:13 16:6,20:23public(10]-3:3,3:4, speaking[1]-13:8 16:10 3:9,3:12,3:23,4:10, retail p1-5:23,6:17, speed[2]-10:19,11:2open[2]-4:10,13:3 piece[z]-6:21,8:8 9:24,10:1,13:1, 16:15,23:16,23:20, spend[3]-14:18,operate[2]-5:22, 6:14 piecemeal[1]-16:12 15:24,19:24 24:18 21:11,21:12 place[3]-15:16, retiring[1]-20:9 operation[2] 12:22, pulling(1i-12:19 spot[1]-21:16 20:19,25:9 purpose[4]-3:8, reviewing[1]-12:4 square[1]-6:1612:23 places[3]-17:1, rezone[2]-5:18, opinions[1]-19:18 17:11, 5:21,6:13,6:17 SS[1]-25:1 21:24 16:21 opportunity[1]-8:14 plan -3:21,6:15, put[a]-8:19,15:15, rezoning[4]-5:8, staff[1]-18:15 opposed[1]-23:6 7:13,11:22,12:1, 16:1,17:24 5:21,6:6, 18:21 stand[1]-3:23 opposition[1]-4:7 PZC[5]-3:5,4:11, standing[1]-18:1116:19, 18:18,20:9 5:5,16:14,23:17 Richard[1]-2:4 start[1]-12:22 1"itosh Deporting Service 815. 993 .2832 cros .vitosh@gmail .com 29 PZC - March 13, 2019 - Public Hearing start-up[i]-12:22 transition[1]-17:3 vote[1]-4:14 starting[1]-15:8 trees[1]-9:7 STATE[1]-25:1 trucks[1]-12:11 W state[1]-3:17 true[2]-17:22,25:7 stay[1]-17:22 trying[3]-9:23, storage[1]-5:24 15:11, 16:6 wagons[1]-12:16 store[1]-5:23 turnover[1]-15:9 Wednesday iii-1:22 stores[1]-19:24 two]4]-5:19,6:6,welcome[11 19:22 streamline[2]-18:4, 8:24,18:9 west[1]-22:9 19:7 type[1]-21:23 WHEREUPON[1]- 3:1 streamlined[1]- 19:17 widening[1]-11:16J street[6]-6:20, WILLIAMS[3]-5:2, 13:23,18:1,20:3, 20:17,24:12 20:10,20:16 under[3]-14:24, Williams[3]-2:7,5:1, streets[2]-10:23, 25:12,25:14 24:11 11:2 unfortunately[1]-Winding[5]-9:20, stuff[s]-12:9, 14:8,19:9 10:12,20:18,21:20 14:15,19:3,20:8, unique[1]-17:6 Windmill[2]-5:12, 22:4 UNITED[1]-1:6 6:9 subdivision[1]- United[1]-5:7 wish[1]-3:13 20:10 unrealistic[1]-16:19 wishing[1]-3:16 subdivisions[1]-up[1]-12:22 witnesses[1]-4:2 20:20 update[1]-10:5 submitted[1]-11:10 uses[1]-5:14 Y support[2]-7:2,7:8 supposed[1]-20:2 V year[z]-18:15,21:13 sworn[1]-4:2 years[1]-15:19 value[1]-18:9 YORKVILLE[2]-1:6, T venture[1]-13:21 1:7 VICE[11]-4:22, Yorkville[5]-1:18, Taker[1]-2:13 10:14, 14:17, 17:18, 5:7, 10:15,10:16, tax[1]-21:9 17:21, 19:12, 19:16, 21:22 ten[1]-15:19 20:9,20:15,20:21, YOUNG[12]-4:16, Teresa[1]-6:4 24:8 4:19,4:21,4:23,5:1, testify[1]-3:16 Vice[1]-2:3 5:3,24:3,24:5,24:7, testimony[a]-3:9, VICE-CHAIRMAN[11] 24:9,24:11,24:13 3:12,4:5,23:14 4:22,10:14,14:17, Young[1]-2:13 thereof[2] 25:12, 17:18, 17:21, 19:12, yourself[1]-13:6 25:16 19:16,20:9,20:15, thinking[3]-7:24, 20:21,24:8 Z 12:18 22:2 Vice-Chairman[1]- third[1]-15:19 2:3 view[3]-8:13,8:14, zoned[z]-5:23,6:2 three[z]-5:9,7:21 zoning[a]-6:11, tie[1]-8:1 10:6 Vinyard[3]-2:4,4:23, 6:12,6:14,7:5 together[1]-16:6 ZONING 0]-1:1024:9 tonight[3]-3:11, VINYARD[23]-4:13, Zoning[2]-3:6,5:17 7:12,16:14 tonight's[2]-3:6, 4:24,7:20,8:5,8:11, 3:22 8:17,8:22,13:22, took[1]-22:14 14:1,16:24,17:9, 17:14, 17:20,18:2, town[1]-22:8 18:6,19:2,19:6, tractors[1]-12:9 19:15, 19:20,20:4, traffic[3]-8:8,10:19, 20:7,23:18,24:10 12:7 visibly[1]-9:14 trailers[1]-12:13 vision[1]-15:11 transcribed[1]-25:4 Vitosh[2]-25:3, transcript[2]-25:8,25:20 25:11 12itosh Deporting Service 815 . 993. 2832 cros.vitosh@gmail .com SUMMARY AND PROPOSED REGULATIONS: Over the past decade, technological innovations have driven the availability of sharing services to the public through the use of smart phones and web applications. Some examples include vehicle sharing, ride sharing, payment sharing, and home sharing services. The home sharing service is one that cities and communities around the country are struggling to understand and properly regulate. In terms of zoning, the biggest issue with these “short-term rental” properties is determining if and when the land use changes from residential to commercial. Staff conducted research on the topic and drafted proposed changes to the City’s Zoning Ordinance to address short-term rentals. These amendments were brought in front of the Economic Development Committee (EDC) at the March 6, 2019 meeting (attached). After discussing the initial text amendments to the Zoning and Business codes, it was determined to permit short-term rental uses in all residential districts without requiring a permit, license, or special use. Therefore, a definition of a short-term rental will need to be added to the Zoning Ordinance and the Permitted Use Table will have to include the newly defined use. Please see the proposed changes below: 10-2-3: DEFINITIONS: SHORT-TERM RENTAL: A home occupation of a single-family dwelling unit that is used as a primary residence by owners or renters, or a portion of such unit, that is rented for less than 30 days at a time to transients and temporary guests. 10-6-0: USE TABLES: TABLE 10.06.01 – RESIDENTIAL USES 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 Short-Term Rental - - - P P P P P P - - - - - - - Memorandum To: Planning and Zoning Commission From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: April 3, 2019 Subject: PZC 2019-05 Short Term Rental Regulations ECONOMIC DEVELOPMENT COMMITTEE The proposed regulations as outlined in this memorandum, were reviewed by the EDC on April 2, 2019. There were no comments on these amendments and the changes were received positively. STAFF RECOMMENDATIONS: Staff believes these changes to the Zoning Ordinance will provide clarity on what a short-term rental is and where it may be located. Staff is requesting recommendation for approval by the Planning and Zoning Commission on the proposed text amendments to the Zoning Ordinance PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on April 10, 2019, the Planning and Zoning Commission recommends approval to the City Council of a request to amend Section 10-2-3 and Section 10-6-0 of the United City of Yorkville Zoning Ordinance as presented by staff in a memorandum dated April 3, 2019 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1. Economic Development Committee Materials (3-5-19) 2. Economic Development Committee Materials (4-2-19) 1 BACKGROUND: Over the past decade, technological innovations have driven the availability of sharing services to the public through the use of smart phones and web applications. Some examples include vehicle sharing, ride sharing, payment sharing, and home sharing services. The home sharing service is one that cities and communities around the country are struggling to understand and properly regulate. In terms of zoning, the biggest issue with these “short-term rental” properties is determining if and when the land use changes from residential to commercial. A majority of municipalities do not allow hotels and motels, typically considered a commercial use, in their single family residential districts, as these uses tend to increase traffic, noise, and activity. The debate over short-term rentals of residential properties is whether these uses are considered residential, commercial or something new entirely. This memorandum details the City’s current regulations and how staff recommends addressing short-term rentals to maintain the health and safety in our residentially zoned areas. EXISTING REGULATIONS: Currently, the City of Yorkville has no official regulations regarding short-term rental properties. The Zoning Ordinance does define “bed and breakfast inn” as well as “hotels/motel,” and permits each in the following districts: Land Use 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 Bed and Breakfast Inn S - - S S - - - - - S S S - - - Hotel/Motel - - - - - - - - - - - P P P - - * “S” Denotes permitted as a special use While these uses have definitions and areas where they are allowed, short-term rental properties are not the same as either of these uses. Both of these uses would be considered businesses which provide services to guests and visitors. A bed and breakfast is a type of hotel that typically keeps its residential qualities but provides meals and other activities for its users. Hotels/motels are specific businesses which are expressly used only for transient and temporary living situations. Those who use their primary home as a short term rental property do not personally provide food, services, or entertainment to those staying at their residence as these Memorandum To: Economic Development Committee From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: February 14, 2019 Subject: PZC 2019-05 Short Term Rental Regulations 2 businesses would. Therefore, short-term rental properties should be defined as its own use and be regulated separately from these land uses. At the time of the drafting of this memorandum, there is only one property being advertised for rent in Yorkville on the two largest home-sharing providers: AirBNB and VRBO1. There are several additional availabilities in Sandwich, Plano, Oswego, and Aurora (search criteria was for the January 19-20, 2019 weekend). While it does not seem like short-term rentals are currently a large issue within Yorkville at the moment, the City is trying to be proactive in its effort with this popular trend. The City needs guidelines and set expectations if this trend grows in the area as to not only react to complaints once it arrives. LEGAL ISSUES: The controversy over how to regulate this new industry has caused legal challenges across the country and in the state. Chicago passed an ordinance in 2016 which has been met with many legal challenges. The City of Chicago adopted a large and thorough ordinance which creates a registration program for those who wish to rent out their home, and they must also obtain a license. The complexity and enforcement of this ordinance has created problems for Chicago and its residents. Uneven enforcement and delays in licensing cause home owners renting their property to either not be able to register or result in escalating fines which they cannot afford. In terms of legal issues nationally, the most contested cases include cities which outright prohibit short term rentals or those that regulate it to the point of nonexistence. This can include regulations which require the owner to live at the property while it is being rented, while also registering for a business license and paying taxes to the local municipality. An 80% drop in short-term rentals was the result of Santa Monica, California enacting these strict rules which were adopted in 2015. Yorkville will have to find a balance between preserving the safety and quality of life for its residents, while allowing the rental market to run smoothly. Additionally, before suggesting or enacting any city ordinances, potential and current state legislation must be reviewed, as Yorkville is a non-home rule community. There is an Illinois State bill which was filed in February 2017 titled SB1735 which is a statewide short-term rental regulation bill. The bill has not been adopted and currently has no further date for review or adoption. While this bill has not been passed, it is important to plan for its potential passing, as it would affect any language Yorkville adopts. In SB1735, it provides that units of local government may not enact or enforce an ordinance, regulation, or plan that has the express or practical effect of prohibiting short-term rentals. The bill does, however, allow for a municipality to regulate short-term rentals to protect the public health and safety. This would allow local governments to impose zoning regulations if the government can demonstrate that the regulation is necessary to protect the public health and safety, such as fire and building codes, traffic control, and waste control. The bill would also allow local governments to apply sales taxes and hotel/motel taxes on short-term rentals. Also, 1 www.airbnb.com; www.vrbo.com 3 the bill includes a home rule preemption, so if this legislation passes, it would apply throughout the state. Finally, staff has confirmed with our legal counsel that the City is permitted to regulate short- term rentals as a non-home rule community. With the understanding of the current legal issues facing short-term rentals, the City of Yorkville is able to draft regulations which protect the health and safety of the community while allowing short-term rentals to operate properly. HOW OTHER MUNICIPALITIES REGULATE SHORT-TERM RENTALS There are four basic ways that local governments have addressed short-term rentals and each contain their inherent positive and negative consequences: Permit them without any regulations Permitting short-term rentals without any regulation may cause problems in the future if the amount of short-term rentals grows and potentially impacts single-family communities. Allow them but make them obtain a license or permit Making individuals obtain a license or permit gives the municipality some oversight into regulations of rental properties and where they are located. It also allows for those renting their dwellings to be subject to any municipal hotel/motel tax. Allow them as part of a special use or conditional use Similar to obtaining a license, by making short-term rentals a special or conditional use, the municipality would make those who would like to rent their dwellings to go through a public hearing process. This allows staff, committees, and board members to add conditions to any short-term rental throughout the process and makes each approval of a short-term rental a case by case basis. Prohibit them outright Prohibiting them outright removes all the potential negative impacts short-term rentals may have but opens the municipality to legal challenges and can cause the city to lose potential hotel/motel tax income. Currently, if a use is not identified in the Yorkville City Code, then the use is considered prohibited. In terms of how Yorkville’s neighbors have handled short-term rentals, please view the table below: Municipality How is it Addressed? Montgomery Short-term rentals are not currently addressed in the zoning ordinance. The Village is currently updating their code and may create some regulations. Oswego Short-term rentals are not currently addressed in the zoning ordinance. 4 Plano Short-term rentals are not currently addressed in the zoning ordinance. Sugar Grove Short-term rentals are not currently addressed in the zoning ordinance. Plainfield Short-term rentals are not currently addressed in the zoning ordinance. The Zoning Ordinance has extensive regulations regarding Bed and Breakfast establishments which the City may use if a short-term rental is becoming a frequent nuisance. Joliet Short-term rentals are not currently addressed in the zoning ordinance. Naperville Short-term rentals are not currently addressed in the zoning ordinance. As one can see, the adjacent communities have not yet addressed the short-term rental land use and only Plainfield uses its current regulations to somewhat address the issue. The City will have to provide a balanced set of regulations to ensure the process is not too cumbersome, while also giving City staff enforceability and oversight on the short-term rental market. In terms of communities in Illinois, not many have addressed the short-term rental situation. Although, the Village of Riverside, Illinois in Cook County has recently adopted an ordinance which regulates “vacation rentals” which is defined similarly to short-term rentals. Riverside is a small non-home rule community with a population of about 9,000 people. Their ordinance (attached) includes common definitions for vacation rentals as well as details on their licensing process and procedures. It also covers prohibited acts and potential penalties for violating the ordinance. DETERMINE GOALS AND OUTCOMES: Before regulations may be drafted, it is best to determine the goals of the ordinance to ensure language is drafted to produce the desired outcome. Since short-term rentals are not a current issue within the City but could be a concern for single-family home owners, the main purpose of the regulations should be to preserve and maintain the quality of life and safety for those within the residential districts. Additionally, the regulations should support the city’s long term planning goals and support its hotel/motel industry. It will be important that the City does not prohibit or have the practical effect of prohibiting short-term rentals. Other than the legal challenges the regulations would face, it would be beneficial for the ordinance to regulate and promote short-term rentals, as visitors will likely patronize local businesses. PROPOSED REGULATIONS: The two Titles within the Yorkville Municipal Code which will need to be amended are “Title 10 Zoning” and “Title 3 Business and License Regulations.” The amended regulations in the zoning section will outline the requirements to conduct a short-term rental while the amendments in Title 3 will add definition and licensing procedures. 5 The following regulations are being proposed to be added as Section 10-3-15 (Zoning): 10-3-15 SHORT-TERM RENTALS A. Purpose. To recognize the desire of some property owners to rent their dwelling on a short-term basis and establish appropriate regulations to mitigate the disruption that short-term and vacation rental dwellings may have on a neighborhood and to maintain the overall quality of life, health, and safety of the City. B. Definition. SHORT-TERM RENTAL UNIT: A home occupation of a single-family dwelling unit that is used as a primary residence by owners or renters, or a portion of such unit, that is rented for less than 30 days at a time to transients and temporary guests. This does not include group homes or bed and breakfasts which are defined in Chapter 2 of this title. C. Applicability. This section shall apply to all rentals of a residential dwelling as a short- term rental. This includes all properties located in the Agricultural, Estate and Residential Districts as well as conforming and non-conforming residential uses in all other districts. D. General Provisions 1. Performance Standards: All short-term rental units will be subject to the regulations of the Property Maintenance code adopted in Section 8-2-9 and Noise Regulations adopted in Section 4-4 of the Yorkville City Code. 2. Occupancy: Maximum occupancy of the rental shall be based on the Property Maintenance Code standards. The property owner shall be responsible for ensuring that the dwelling unit is in conformance with its maximum occupancy which shall be stated on the license application. 3. Parking: The short-term rental unit shall not generate traffic beyond what is normally expected in the zoning district in which it is located. 4. Dispersal: A permitted short-term rental unit in a detached single-family house shall not be within two-hundred and fifty feet (250’) of the property line from another permitted detached single-family short-term rental unit. Multi-family attached dwelling units are exempt from this regulation. 5. Signage: No outdoor advertising signs related to the rental dwelling shall be allowed on site. 6 6. Insurance: The property owner shall maintain on file at the city an up-to-date certificate of insurance documenting that the dwelling is insured as a short-term rental unit. 7. Food: Meal service prepared onsite provided by the license holder or their agents is prohibited. E. Hotel Operators’ Occupation Tax. The owner and/or operator of a short-term rental unit must conform to all regulations in Section 3-2-7. F. License Procedure. No dwelling unit may be utilized as a short-term rental unit unless the owner of the property obtains a license from the City Clerk. Application requirements and procedures for a license are located in Section 3-14. G. Local Property Representative. The property owner must designate himself or herself or a local property representative who is located within a thirty (30) mile radius of the short- term rental and shall be available at all times during the rental for the purpose of: 1. Responding within a reasonable time to complaints regarding the condition, operation, or conduct of occupants of the short-term rental; and 2. Taking action to resolve any such complaints. H. Penalties. The failure to comply with all of the regulations outlined in this Section or the failure to keep the Local Property Representatives information up to date may result in the suspension or revocation of a license pursuant to the procedures in Section 3-1-12. The following regulations are being proposed to be amended into Section 3-2-7 (Municipal Taxes): 3-2-7: HOTEL OPERATORS’ OCCUPATION TAX A. Definitions: For the purposes of this Section the following definitions shall apply: HOTEL: For purposes of this Section, every building, buildings or structure, kept, used, maintained, advertised and held out to the public to be a place in which the public may, for consideration, obtain living quarters, sleeping, housekeeping accommodations, lodging, lodging and food or apartments or suites or other accommodations offered to the public for rental on a daily basis. The term includes inns, hotels, tourist homes or courts, lodging houses, short-term rental units, rooming houses and apartment houses. 7 The following regulations are being proposed to be added as Section 3-14 (Short-Term Rental License): CHAPTER 14 SHORT-TERM RENTAL UNITS 3-14-1 DEFINITIONS: For the purpose of this Chapter, the following words and phrases shall have these meanings: SHORT-TERM RENTAL UNIT: A home occupation of a single-family dwelling unit that is used as a primary residence by owners or renters, or a portion of such unit, that is rented for less than 30 days at a time to transients and temporary guests. 3-14-2 SHORT-TERM RENTAL UNIT LICENSE REQUIRED: A license is required to operate a short-term rental unit, as defined in this chapter, within the City. Licenses shall be issued by the City Clerk. No license shall be transferable to another person or location or to other short-term rental units. 3-14-3 APPLICATION FOR SHORT-TERM RENTAL UNIT LICENSE: An application shall be filed for every short-term rental unit in the City that is required to obtain a license on a form provided by the City made under oath with the payment of nonrefundable annual license fees in the amount set forth in section 3-14-4 of this chapter. The applicant must be eighteen (18) years old or older and the owner for which the application is sought or an agent of the owner with authority to bind the owner. The application for a short-term rental unit license shall be accompanied by the following information: A. The name, address and phone number of the property owner(s) and proof that it is their primary residence. B. The address at which the short-term rental unit is being conducted. C. The designation of the local property representative who will be subject to the regulations in Section 10-3-15-G. D. If the property is subject to regulations or restrictions by a homeowner’s association or condominium association, applicant must provide documentary evidence that the applicable association or board has approved the use of the property as a short-term rental. E. Certificate of insurance documenting that the dwelling unit is insured as a short-term rental unit with liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence, for bodily injury and property damage arising in any way from the issuance of the permit with thirty (30) days’ advance notice to the City prior to cancellation or lapse of the policy. 8 F. The application shall include consent to perform investigations of the veracity of all of the information and documentation provided, criminal background checks and fingerprinting of the persons required to be identified in the application. The cost of the criminal record check and fingerprint submissions shall be borne by the applicant. 3-14-4 TERMS OF LICENSE; LICENSE FEES; LICENSE RENEWAL: A. The term for licenses issued under this chapter is for one year beginning January 1, and ending on December 31. B. All license fees required to be paid shall be paid at the time that the initial or renewal application is made. All applicable license fees and any other required fees, including costs of fingerprinting, shall be paid prior to the issuance of any license. C. The initial license fee and the annual license renewal fee for a short-term rental unit license shall be one hundred dollars ($100.00) per calendar year. If at the time of the initial filing, less than six (6) months of the current license year shall have expired, the full license fee shall be charged. If more than six (6) months of such current year shall have expired, a license fee of one-half (1/2) the full fee shall be charged. D. In addition to the annual license fee, the applicant is also responsible to pay for the cost of fingerprinting, which is regulated by the State of Illinois. The applicant is also responsible to pay for the cost of a background check which shall be fifty dollars ($50.00). E. A license may be suspended or revoked for failure to pay the fees pursuant to the procedures in Section 3-1-12. 3-14-5 LICENSE REVOCATION; 3 YEAR WAIT FOR NEW LICENSE: If a vacation rental license is revoked for any cause, no license shall be granted to any person for the operation of a short-term rental at the property described in the revoked license, or to the revoked licensee, and his or her co-owners, or the partners, members, managers, or officers of any owning partnership, limited liability company or corporation, for a period of three (3) years from the date of revocation. 9 COMMENTS ON PROPOSED REGULATIONS: Staff has drafted this language in an attempt to provide regulations which meet the previously mentioned goals without deterring potential short-term rental users. The following is an explanation behind the reasoning for why some regulations were included and some were omitted: Regulation Included? Purpose Dispersal of Units Yes Ensures that certain areas of town or a neighborhood are not overrun by short-term rentals. Enforcing this regulation will be on a first come, first serve basis. Those who have a license first will be considered established and all future applicants will need to be dispersed from that dwelling. In the case of two rentals operating illegally and being cited, the first applicant to receive a license legally will be considered established. Annual License Renewal Yes Allows the City to be aware of any change in the license holders information. Also, keeps an up to date list of permitted license holders. Owner Occupies While Renting No While this regulation is used in some places but seems very cumbersome and would be hard to enforce. Special Use Permit No A public hearing process may be too restrictive and deter those from short-term rental opportunities. Additionally, if the trend grows in the area then a significant amount of staff time will be dedicated to determining where these short-term rentals are allowed. In terms of license fees, reviews were conducted externally as well as internally. The table below illustrates the fee structures for other communities with short-term rental regulations: Municipality Fees Chicago, IL $250 annual fee Riverside, IL $500 initial fee, $250 annual renewal fee Evanston, IL $50 annual fee Internally, staff reviewed the licensing process being proposed and compared it to other licensing procedures within the City. In terms of amount of staff time and similar requirements for licensees, our recommendation models the same regulations for solicitors, tattoo and body piercing 10 establishments, and adult business establishments within Yorkville. These each require a $100 annual fee and require a $50 background check as the proposed short-term rental regulations. Staff chose to recommend the fee amount similar to other City license procedures as our staff size and existing practices are known quantities. Additionally, the fees and regulations of other communities may deter potential short-term rental applicants and may not be in proportion to the amount of staff time it will take to process a license application. NEXT STEPS: Staff is seeking comments and guidance from the Economic Development Committee regarding the proposed regulations for Short-Term Rental Units. The proposed regulations will be reviewed by the Administration Committee and a public hearing will be held at a regular Planning and Zoning Commission Meeting. Once all parties have seen and reviewed the proposed amendments, a final draft will be reviewed by City Council. The dates have not yet been set for these meetings as staff is seeking direction from the Economic Development Committee on the initial draft before proceeding to the next review stages. ATTACHMENTS: 1. Zoning Practice – October 2015 Issue 10 SUMMARY: The topic of short-term rental regulations was brought to the Economic Development Committee last month at the March 5, 2019 meeting. After review and discussion, the Committee recommended that short-term rental uses be outright permitted in the residential districts without any license or permit to acquire. The initial regulations (see attached) were deemed as to onerous and committee members wanted to view this use similarly to a home occupation. This memorandum outlines the proposed changes to the Yorkville Zoning Ordinance as a result from that discussion. PROPOSED REGULATIONS: After discussing the initial text amendments to the Zoning and Business codes, it was determined to permit short-term rental uses in all residential districts without requiring a permit, license, or special use. Therefore, a definition of a short-term rental will need to be added to the Zoning Ordinance and the Permitted Use Table will have to include the newly defined use. Please see the proposed changes below: 10-2-3: DEFINITIONS: SHORT-TERM RENTAL: A home occupation of a single-family dwelling unit that is used as a primary residence by owners or renters, or a portion of such unit, that is rented for less than 30 days at a time to transients and temporary guests. 10-6-0: USE TABLES: TABLE 10.06.01 – RESIDENTIAL USES 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 Short-Term Rental - - - P P P P P P - - - - - - - Memorandum To: Economic Development Committee From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: March 14, 2019 Subject: PZC 2019-05 Short Term Rental Regulations NEXT STEPS: Staff is seeking comments from the Economic Development Committee regarding the proposed amendments to the Zoning Ordinance. A public hearing for these changes will be held in front of the Planning and Zoning Commission on April 10, 2019. ATTACHMENTS: 1. February 14, 2019 Economic Development Committee Memorandum SUMMARY: Since its adoption in 2016, the City has been working towards completing the goals and objectives set forth in the Comprehensive Plan. As part of the strategies toward implementing the identified planning goals in the Comprehensive Plan, there was a recommendation that the City enhance the visual appearance, pedestrian environment and functionality of downtown Yorkville. The following strategies/initiatives were listed as actionable items that should be ongoing or accomplished within 2 years of the adoption of the plan: • Enhance Streetscape appearance and improve walkability of Hydraulic, Main and Van Emmon Streets. • Create Public Parking Areas. • Facilitate building rehabilitation and façade improvements. • Implement gateway finding, wayfinding, landscaping, and other placemaking treatments. • Promote high quality development design. • Consider zoning overlays, new design standards or other tools to promote desired corridor character. In September 2017 staff solicited Request for Proposals (RFP) for a Downtown Overlay District and Streetscape Master Plan with Form-Based Code criteria. Farr Associates was retained to complete a Master Streetscape Plan and Downtown Form-Based Code. Below is an overview of the planning process as well as a summary of the final draft documents for EDC review. PLANNING PROCESS: Farr Associates were retained at the end of 2017 and began working on the project in January of 2018. Below is a brief timeline of the planning process and a summary of events for each stage of development: STAGE DATE SUMARY Site & Background Analysis Jan. 2018 Gathering information and creating a project boundary; setting up a project website Public Workshop #1 Feb. 15, 2018 Gather public input to begin development Streetscape and Form-Based Code Development Mar.-Jun. 2018 Creation of initial draft Public Workshop #2 Jun. 22, 2018 Showcase of initial draft and continue to take public input Streetscape and Form-Based Code Revisions Jul.-Aug. 2018 Revise from comments made at meeting Memorandum To: Planning and Zoning Commission From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: April 3, 2019 Subject: Downtown Form Based Code and Streetscape Master Plan 2 Staff Review #1 Sept. 2018 Staff review draft document and makes edits/suggestions Streetscape and Form-Based Code Revisions Oct.-Dec. 2018 Revise from comments made at meeting Staff Review #2 Jan. 2019 Staff review draft document and makes edits/suggestions Streetscape and Form-Based Code Revisions Jan.-Feb. 2019 Revise from comments made at meeting EDC Review Mar. 5, 2019 EDC reviews documents prior to public release Streetscape and Form-Based Code Revisions Mar. 2019 Revise from comments made at meeting Public Open House Apr. 10, 2019 Provide the public a chance to review exhibits and plans PZC Review Apr. 10, 2019 PZC reviews documents and makes recommendation to City Council Streetscape and Form-Based Code Revisions Apr. 2019 Revise from comments made at meeting City Council May 14, 2019 City Council review and possible adoption DOCUMENT SUMMARY: Attached is a draft for the Yorkville Downtown Overlay District Plan. The drafts focus on both the Streetscape Master Plan of the overlay district and the Form-Based Code. As presented, the plans are intended to establish the broader guidance for street character and development opportunities within the downtown which can be facilitated through public capital improvement projects and private redevelopment. Streetscape Master Plan The Streetscape Master Plan identifies the street type and classification for the four major roadways in the downtown: Bridge Street, Hydraulic Street, Van Emmon Street and Main Street (“B” Street). The plan walks through existing, near term and long-term planning solutions for each street and identifies tactical intervention opportunities (meaningful, planning/design related measures at a small cost which adds vitality and interest in the area) for each such as community art, public space lighting, painted crosswalks, outdoor restaurant seating, wall murals, etc. A notable change to the previous draft version of the Streetscape Master Plan is that the catenary lights have been removed from Bridge Street and have been added to Van Emmon Street. After the preliminary plans were reviewed in June, staff moved forward with getting quotes and conducting feasibility assessments on pole and light locations. The Illinois Department of Transportation (IDOT) was contacted and staff was explicitly told that lights above Bridge Street would be prohibited. Staff then suggested a move to Hydraulic Street as its long-term plan would be more pedestrian oriented. With the railway right-of-way and the existing utilities above and below ground cause several issues when trying to locate the lighting. Staff conferred with Farr Associates and decided the best location would be along Van Emmon Road. This is now illustrated on pages 27 and 29. 3 Form-Based Code The Form-Based Code portion of the overlay district is intended to establish codified development standards for downtown and neighboring redevelopment areas. As presented in the draft of the form- based code, the proposed standards will: 1. GUIDE the development of a mix of uses and a pedestrian-oriented environment as established in the Yorkville Streetscape Master Plan. 2. PROVIDE for a mix of housing types within the overlay district and adjacent areas for people of all ages and lifestyles. 3. ACHIEVE development that is appropriate in scale and intensity for the Downtown Overlay District and adjacent neighborhoods. The major components of the form-based code are the identified districts, uses, building types and site development standards. The attached draft version provides information on all of these components. STAFF RECOMMENDATION: Staff is seeking input from the Economic Development Committee regarding these two documents. The Master Streetscape Plan and Downtown Form-Based Code will be reviewed at a public open house on April 10, 2019 at 6:00pm before the regularly scheduled Planning and Zoning Commission Meeting. It will then be reviewed by the Planning and Zoning Commission at that meeting. Revisions will be made between each meeting before being brought in front of City Council. LINKS TO DOCUMENTS: Due to the large file size, the following links will take you to each document: Streetscape Master Plan https://www.yorkville.il.us/DocumentCenter/View/5788/3-22-19-DRAFT-SMP Form-Based Code https://docs.wixstatic.com/ugd/5853ed_23b3b420c8374357ad3531a66ae0bd3a.pdf PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on April 10, 2016 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council a request to adopt the proposed Downtown Overlay District which includes the Streetscape Master Plan and Form-Based Code as prepared and presented by Farr Associates dated March 2019 and summarized in a staff memorandum dated April 3, 2019 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1. Yorkville Master Streetscape Plan 2. Yorkville Downtown Form-Based Code Proposal Summary Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioners, Daniel, Bruce, and Norma VanDeventer and Deborah Hull on behalf of the Wilbur C. VanDeventer Trust (current owner) and Diane and Craig Zimmerman (prospective buyer), are requesting a map amendment rezone for their property from A-1 Agricultural District to R-1 Residential District. The petitioners would like to construct a single- family home on the site and operate a home-based business. They may not do so due to the zoning requirements of the agricultural district in Kendall County. The 15.6-acre property is located north of the Galena Road and Kennedy Road intersection and northwest of the New Life Church Development. As stated in the petitioner’s findings of fact, they believe the use is compatible with other nearby uses in the area as the adjacent properties have single family homes constructed upon them. The potential owners are planning on conducting a carpentry business on the property which will conform to Kendall County’s home occupation regulations. The home occupation will be required to be located in the primary structure, not generate more than 10 trips a day by customers or employees and may only employ one person that does not live in the residence. Memorandum To: Economic Development Committee From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: March 18, 2019 Subject: PZC 2019-12 – Kendall County Petition 19-08 (Rezone) 1.5 Mile Review Future Trails: Kendall County’s Land Resource Management Plan designates a future trail along Galena Road through this property. Yorkville’s Integrated Transportation Plan (ITP) designates a trail along Galena Road which ends to the west of this property (before Kennedy Road). Therefore, the City does not plan to have a trail on this property, but the petitioners should be aware of the general future transportation plans in this area. 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. This property is located on the north side of Galena Road which is in Montgomery’s planning boundary. Kendall County has given the City 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. 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 April 10, 2019 meeting. This item was delivered to the City on March 8, 2019. Attachments 1. Application with Attachments ZPAC Memo – Prepared by Matt Asselmeier –February 25, 2019 Page 1 of 3 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street  Room 203 Yorkville, IL  60560 (630) 553-4141 Fax (630) 553-4179 Petition 19-08 Daniel, Bruce, and Norma VanDeventer and Deborah Hull on Behalf of the Wilbur C. VanDeventer Trust (Current Owner) and Diane and Craig Zimmerman (Prospective Buyer) Map Amendment Rezoning Property from A-1 to R-1 INTRODUCTION Diane and Craig Zimmerman would like to purchase the subject property and construct a single -family home on the property and operate a home-based business as allowed by the Kendall County Zoning Ordinance. The property lacks a housing allocation. Therefore, a map amendment is required. SITE INFORMATION PETITIONERS: Daniel, Bruce, and Norma VanDeventer and Deborah Hull on Behalf of the Wilbur C. VanDeventer Trust (Current Owner) and Diane and Craig Zimmerman (Prospective Buyer) ADDRESS: Between 7977 and 7823 Galena Road LOCATION: Northeast Side of the T-Intersection Created by Galena Road and Kennedy Road TOWNSHIP: Bristol PARCEL #: 02-11-300-007 LOT SIZE: 15.62 +/- Acres EXISTING LAND USE: Agricultural ZPAC Memo – Prepared by Matt Asselmeier –February 25, 2019 Page 2 of 3 ZONING: A-1 Agricultural District LRMP: Future Land Use Rural Residential (Max 0.65 DU/Acre) and Suburban Residential (Max 1.0 DU/Acre) Roads Galena Road is a County Maintained Major Collector Road. Trails Yorkville has a trail planned along Galena Road and Montgomery has a trail planned along Blackberry Creek . Floodplain/ Wetlands Blackberry Creek runs through the property and development can only the south portion of the property is outside the floodplain. There is a freshwater emergent wetland on the northwest side of the property. REQUESTED ACTION: Map Amendment Rezoning Property from A-1 to R-1 APPLICABLE REGULATIONS: Section 13.07 – Map Amendment Procedures SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Forest Preserve A-1 Forest Preserve and Rural Residential R-3 (County) R-2, R-3, and R-5B (Montgomery) South Agricultural and Single- Family Residential R-1 (County) B-3 (Yorkville) Urban Area A-1, R-1, and R-3 (County) R-2, B-3, and OS-2 (Yorkville) East Single-Family Residential A-1 and R-3 Suburban Residential A-1 and R-3 (County) R-2 and M-2 (Yorkville) West Forest Preserve and Single-Family Residential A-1 and R-1 Rural Residential A-1 and R-1 (County) R-3 and R-5B (Montgomery) The aerial of the property is included as Attachment 2. Pictures of the property are included as Attachments 3-7 PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCAT Report submitted and consultation was terminated, see Attachment 1 Pages 10 and 11. NATURAL RESOURCES INVENTORY The application for NRI was submitted on February 19, 2019, see Attachment 1, Page 9. ZPAC Memo – Prepared by Matt Asselmeier –February 25, 2019 Page 3 of 3 ACTION SUMMARY BRISTOL TOWNSHIP Petition information was sent to Bristol Township on February 25, 2019. VILLAGE OF MONTGOMERY Petition information was sent to the Village of Montgomery on February 25, 2019. BRISTOL-KENDALL FIRE PROTECTION DISTRICT Petition information was sent to the Bristol-Kendall Protection District on February 25, 2019. GENERAL INFORMATION The Petitioner desires the map amendment in order to construct one (1) single-family home on the property. If approved, the Zimmermans would like to run a carpentry business out of the property in accordance with Kendall County’s home occupation regulations. BUILDING CODES Any new homes or accessory structures would be required to meet applicable building codes. ACCESS The property fronts Galena Road. Staff has no concerns regarding the ability of Galena Road to support the proposed map amendment. ODORS No new odors are foreseen. LIGHTING Any new lighting would be for residential use only and must in compliance with the regulations related to home occupations contained in the Zoning Ordinance. SCREENING No fencing or buffer is presently planned for the property. STORMWATER Any new homes constructed in the floodplain would have to secure a stormwater permit. UTILITIES Electricity is nearby. New well and septic information would have to be evaluated as part of the building permit process. RECOMMENDATION Staff recommends approval of the proposed map amendment, pending submission of a proper plat of the property in question. ATTACHMENTS 1. Application Materials (Including the Petitioner’s Findings of Fact, NRI Application, and EcoCat) 2. Aerial 3. Looking West 4. Looking East 5. Looking Northeast 6. Looking West from Eastern Neighbor 7. Intersection of Kennedy and Galena Roads Attachment 1, Page 1 Attachment 1, Page 2 Attachment 1, Page 3 Attachment 1, Page 4 Attachment 1, Page 5 Attachment 1, Page 6 Attachment 1, Page 7 Attachment 1, Page 8 Attachment 1, Page 9 Attachment 1, Page 10 Attachment 1, Page 11 Request Summary: The successor developer for the Grande Reserve subdivision, Grande Reserve Chicago ASLI VI, LLP (Avanti Group), is seeking to revise the parcel dimensions for six (6) home lots and two (2) common space areas within Unit 23 (Neighborhood 1). The request is to resubdivide the existing final plats for each homesite parcel to extend the rear lot lines approximately 20 feet (16.35” at the shortest to 21.95” at the longest) within the adjacent common space to accommodate a newer model ranch home, yet still meet requisite setback regulations for the R-2 zoning district. The new lot configuration would make the lots almost symmetrical to the adjoining parcels within the cul-de-sacs they are located and does not significantly decrease the open space character of the planned development in this neighborhood. Proposed Amended Final Plat: The original Final Plat for Unit 23 of the Grande Reserve was approved in 2006 via Resolution No. 2006-61 and recorded as Document No. 2006000440560 and was subsequently amended in 2007 (Document No. 200700018963). The amendment in 2007 adjusted the overall lot sizes for 21 lots. Below is an analysis of the proposed six (6) home lots proposed to be changed by the proposed resubdivided final plat. Parcels Adjacent to Common Open Space #1 (Lot 3034) = 6.13 acres (267,022.80 sq. ft.) Lot Address Proposed Increase Area Image 1 202 2810 Sheridan Ct 60’ x 19.50’= 1,143 sq. ft. 2 232 4477 E Millbrook Cir 60’ x 19.35’= 1,161 sq. ft. TOTAL AREA 2,304 sq. ft. % Change in common open space = 0.0086% Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: March 12, 2019 Subject: PZC 2019-13 Grande Reserve – Unit 23 Final Plat Approval for the Resubdivision of Certain Lots Parcels Adjacent to Common Open Space #2 (Lot 3033) = 7.31 acres (318,423.60 sq. ft.) Lot Address Proposed Increase Area Image 3 239 4468 E Millbrook Cir 60’ x 21.35’= 1,281 sq. ft. 4 251 2843 Silver Springs Ct 60’ x 21.35’= 1,281 sq. ft. 5 287 4228 E Millbrook Cir 74.53’ x 21.95’= 1,635 sq. ft. 6 290 4208 E Millbrook Cir 60’ x 16.35 = 981 sq. ft. TOTAL AREA 5,178 sq. ft. % Change in common open space = 0.0162% The two (2) common space lots effected by the lot size increases are Lots 3033 and 3034. Lot 3033 is identified as a stormwater management facility and Lot 3034 is community open space. Both lots are owned by the developer and will be turned over to the homeowners’ association at a future date. Staff Comments/Recommendation: It is staff opinion that the revised rear yard setback is in keeping with the width and depth required for similar permitted uses in the R-2 zoning district and consistent with the immediately adjacent rear lot lines of abutting parcels. Additionally, the City’s engineering consultant, EEI, has reviewed the attached proposed amended plats and find them in conformance with the subdivision control ordinance regulations and does not have any concern regarding impairment to the capacity of the stormwater management facility resulting from the proposed lot revisions. 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 Lots 202, 232, 239, 251, 287, 290, 3033 and 3034 of Grande Reserve – Unit 23, the Planning and Zoning Commission recommends approval of the plat to the City Council as presented by the Petitioner in a plan prepared by Weaver Consultant Group, date last revised March 8, 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 Lots 202, 232, 239, 251, 287, 290, 3033 and 3034 of Grande Reserve – Unit 23 prepared by Weaver Consultant Group date last revised 03/08/19. 3034 303365.00 ' LINE TABLE LINE # L106 L107 L108 L109 L110 L112 L114 L115 L116 L117 L118 L119 L120 L121 LENGTH 29.55' 29.55' 94.65' 94.65' 120.00' 29.55' 29.55' 2.50' 29.55' 11.17' 11.17' 33.03' 11.17' 11.17' DIRECTION S00°37'20"W S88°40'49"W N45°20'55"W S45°20'55"E N44°39'05"E S19°55'24"W N05°33'54"E N63°57'08"E S19°55'24"W N39°01'19"E N88°52'57"E S72°01'08"E N39°01'19"E S13°32'01"E CURVE TABLE CURVE # C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 ARC LENGTH 43.70' 43.94' 28.56' 55.40' 39.57' 33.82' 59.64' 281.78' 26.01' 26.01' 26.01' 26.01' RADIUS 60.00' 533.00' 25.00' 250.00' 25.00' 60.00' 533.00' 467.00' 60.00' 60.00' 60.00' 60.00' CHORD DIRECTION S74°15'04"E N58°02'04"E S16°46'38"W S34°24'05"E S86°05'36"E N11°43'43"W N39°51'36"E N44°39'39"E N63°23'49"W S88°53'07"W S63°23'49"E S11°18'05"W CHORD LENGTH 42.74' 43.93' 27.03' 55.28' 35.57' 33.37' 59.61' 277.53' 25.81' 25.81' 25.81' 25.81'EAST MILLBROOK CIRCLE3036 1 2 2 2 30333033 3034 1 3034 1 3033 BUILDING SETBACK LINE CENTERLINE BOUNDARY RIGHT-OF-WAY EASEMENT EXISTING LOTS LINE LEGEND LEGEND No.DATE REVISION DESCRIPTION REUSE OF DOCUMENTSThis document, and thedesigns incorporated herein,as an instrument ofprofessional service, is theproperty of WeaverConsultants Group, and is notto be used in whole or in part,without the writtenauthorization of WeaverConsultants Group.SHEET 1FILE:CAD:DATE:DRAWN BY:REVIEWED BY:COPYRIGHT © 2018 WEAVER CONSULTANTS GROUP. ALL RIGHTS RESERVED.OF3WEAVER CONSULTANTS GROUP1316 BOND STREET SUITE 108NAPERVILLE, ILLINOIS 60563(630)-717-4848www.wcgrp.com3664-316-09PLAT OF SUB.dwg10/04/2018JTBKAWeaver Consultants Group 0 50'100'200' SCALE: 1" = 100' N RESUBDIVISION OF LOTS 202, 232, 239, 251, 287, 290, 3033 AND 3034 OF GRANDE RESERVE – UNIT 23 YORKVILLE, ILLINOIS CLIENT APPROVAL BY: APPROVED FOR CONSTRUCTION DRAFT RELEASED FOR BID PUBLIC UTILITY & DRAINAGE EASEMENTP.U. & D.E. 1. BEARINGS SHOWN HEREON BASED ON RECORDED PLAT OF SUBDIVISION OF GRANDE RESERVE UNIT 23. 2. ENVIRONMENTAL AND SUBSURFACE CONDITIONS WERE NOT EXAMINED AS PART OF THIS SURVEY. 3. ALL AREAS ARE MORE OR LESS. 4. COMPARE ALL POINTS BEFORE BUILDING AND REPORT ANY DIFFERENCES AT ONCE. 5. NO STATEMENT IS MADE CONCERNING SUBSURFACE CONDITIONS, THE EXISTENCE OF UNDERGROUND OR OVERHEAD CONTAINERS OR FACILITIES WHICH MAY AFFECT THE USE OR DEVELOPMENT OF THIS TRACT. 6. ALL STATEMENTS AND INFORMATION SHOWN HEREON ARE TO THE SURVEYOR'S BEST KNOWLEDGE AND BELIEF. 7. SET 3/4" IRON PIPE AT ALL LOT CORNERS UNLESS SHOWN OTHERWISE. 8. A BLANKET PUBLIC UTILITY AND DRAINAGE EASEMENT IS HERETOFORE GRANTED OVER ALL PORTIONS OF LOTS 1 AND 2. EXCEPT FOR THE N.E.A. (NON EASEMENT AREA) AS DEPICTED. 9. LOTS 1 AND 2, SHALL BE CONVEYED TO THE HOMEOWNER'S ASSOCIATION. 10. THERE SHALL BE NO DIRECT VEHICULAR ACCESS TO GALENA ROAD (CANNONBALL TRAIL) EXCEPT THROUGH DEDICATED ROADWAYS. 11. ALL COURTS ARE PRIVATE STREETS TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. SURVEY NOTES PREPARED FOR NVR RYAN HOMES 850 E. DIEHL ROAD SUITE 120 NAPERVILLE, IL 60563 BUILDING SETBACK LINEB.S.L. SET CONCRETE MONUMENT NON EASEMENT AREAN.E.A. P.I.N. 02-11-227-001 P.I.N. 02-11-227-031 P.I.N. 02-11-227-034 P.I.N. 02-11-228-001 P.I.N.02-11-228-078 P.I.N. 02-11-228-082 P.I.N. 02-11-229-022 P.I.N. 02-11-229-025 1 2/4/2019 REVISION SUBDIVISION NAME LEGAL DESCRIPTION BEING A RESUBDIVISION OF LOTS 3033 AND 3034 IN GRANDE RESERVE - UNIT 23, DOCUMENT NUMBER 200600040560, AND LOTS 202,232,239,252,287 AND 290 IN THE AMENDED PLAT OF PART OF GRANDE RESERVE - UNIT 23, DOCUMENT NUMBER 200700018963, ALL PART OF THE SOUTHEAST QUARTER OF SECTION 2, PART OF THE NORTHEAST QUARTER OF SECTION 11, AND PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. FINAL PLAT RESUBDIVISION OF LOTS 202, 232, 239, 251, 287, 290, 3033 AND 3034 OF GRANDE RESERVE – UNIT 23 2 02/27/19 REVISION SUBDIVISION NAME 3 03/08/19 PER CITY ENGINEER REVIEW 290 288 289 3033 287 7 8 2 3033 2 286 232 3 4 3034 1 233 231 3034 1 202 203 201 252 250 251 6 3033 2 239 5 3033 2 238 240 0 10'20'40' SCALE: 1" = 20' N No.DATE REVISION DESCRIPTION REUSE OF DOCUMENTSThis document, and thedesigns incorporated herein,as an instrument ofprofessional service, is theproperty of WeaverConsultants Group, and is notto be used in whole or in part,without the writtenauthorization of WeaverConsultants Group.SHEET 2FILE:CAD:DATE:DRAWN BY:REVIEWED BY:COPYRIGHT © 2018 WEAVER CONSULTANTS GROUP. ALL RIGHTS RESERVED.OF3WEAVER CONSULTANTS GROUP1316 BOND STREET SUITE 108NAPERVILLE, ILLINOIS 60563(630)-717-4848www.wcgrp.com3664-316-09PLAT OF SUB.dwg10/04/2018JTBKAWeaver Consultants Group CLIENT APPROVAL BY: APPROVED FOR CONSTRUCTION DRAFT RELEASED FOR BID PREPARED FOR NVR RYAN HOMES 850 E. DIEHL ROAD SUITE 120 NAPERVILLE, IL 60563 BUILDING SETBACK LINE CENTERLINE BOUNDARY RIGHT-OF-WAY EASEMENT EXISTING LOTS LINE LEGEND LEGEND PUBLIC UTILITY & DRAINAGE EASEMENTP.U. & D.E. BUILDING SETBACK LINEB.S.L. SET CONCRETE MONUMENT NON EASEMENT AREAN.E.A. 1. BEARINGS SHOWN HEREON BASED ON RECORDED PLAT OF SUBDIVISION OF GRANDE RESERVE UNIT 23. 2. ENVIRONMENTAL AND SUBSURFACE CONDITIONS WERE NOT EXAMINED AS PART OF THIS SURVEY. 3. ALL AREAS ARE MORE OR LESS. 4. COMPARE ALL POINTS BEFORE BUILDING AND REPORT ANY DIFFERENCES AT ONCE. 5. NO STATEMENT IS MADE CONCERNING SUBSURFACE CONDITIONS, THE EXISTENCE OF UNDERGROUND OR OVERHEAD CONTAINERS OR FACILITIES WHICH MAY AFFECT THE USE OR DEVELOPMENT OF THIS TRACT. 6. ALL STATEMENTS AND INFORMATION SHOWN HEREON ARE TO THE SURVEYOR'S BEST KNOWLEDGE AND BELIEF. 7. SET 3/4" IRON PIPE AT ALL LOT CORNERS UNLESS SHOWN OTHERWISE. 8. A BLANKET PUBLIC UTILITY AND DRAINAGE EASEMENT IS HERETOFORE GRANTED OVER ALL PORTIONS OF LOTS 1 AND 2. EXCEPT FOR THE N.E.A. (NON EASEMENT AREA) AS DEPICTED. 9. LOTS 1 AND 2, SHALL BE CONVEYED TO THE HOMEOWNER'S ASSOCIATION. 10. THERE SHALL BE NO DIRECT VEHICULAR ACCESS TO GALENA ROAD (CANNONBALL TRAIL) EXCEPT THROUGH DEDICATED ROADWAYS. 11. ALL COURTS ARE PRIVATE STREETS TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. SURVEY NOTES P.I.N. 02-11-227-001 P.I.N. 02-11-227-031 P.I.N. 02-11-227-034 P.I.N. 02-11-228-001 P.I.N.02-11-228-078 P.I.N. 02-11-228-082 P.I.N. 02-11-229-022 P.I.N. 02-11-229-025 DETAIL "A" DETAIL "C" DETAIL "B" DETAIL "D" RESUBDIVISION OF LOTS 202, 232, 239, 251, 287, 290, 3033 AND 3034 OF GRANDE RESERVE – UNIT 23 YORKVILLE, ILLINOIS 1 2/4/2019 REVISION SUBDIVISION NAME LEGAL DESCRIPTION BEING A RESUBDIVISION OF LOTS 3033 AND 3034 IN GRANDE RESERVE - UNIT 23, DOCUMENT NUMBER 200600040560, AND LOTS 202,232,239,252,287 AND 290 IN THE AMENDED PLAT OF PART OF GRANDE RESERVE - UNIT 23, DOCUMENT NUMBER 200700018963, ALL PART OF THE SOUTHEAST QUARTER OF SECTION 2, PART OF THE NORTHEAST QUARTER OF SECTION 11, AND PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. FINAL PLAT RESUBDIVISION OF LOTS 202, 232, 239, 251, 287, 290, 3033 AND 3034 OF GRANDE RESERVE – UNIT 23 2 02/27/19 REVISION SUBDIVISION NAME 3 03/08/19 PER CITY ENGINEER REVIEW No.DATE REVISION DESCRIPTION REUSE OF DOCUMENTSThis document, and thedesigns incorporated herein,as an instrument ofprofessional service, is theproperty of WeaverConsultants Group, and is notto be used in whole or in part,without the writtenauthorization of WeaverConsultants Group.SHEET 3FILE:CAD:DATE:DRAWN BY:REVIEWED BY:COPYRIGHT © 2018 WEAVER CONSULTANTS GROUP. ALL RIGHTS RESERVED.OF3WEAVER CONSULTANTS GROUP1316 BOND STREET SUITE 108NAPERVILLE, ILLINOIS 60563(630)-717-4848www.wcgrp.com3664-316-09PLAT OF SUB.dwg10/04/2018JTBKAWeaver Consultants Group CLIENT APPROVAL BY: APPROVED FOR CONSTRUCTION DRAFT RELEASED FOR BID PREPARED FOR NVR RYAN HOMES 850 E. DIEHL ROAD SUITE 120 NAPERVILLE, IL 60563 SURVEYOR'S CERTIFICATE STATE OF _____________ ) ) S.S. COUNTY OF ___________ ) THIS IS TO CERTIFY I, KURT K. APER, ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 35-3265, AT THE REQUEST OF THE OWNER(S) THEREOF, HAVE SURVEYED, SUBDIVIDED AND PLATTED THE FOLLOWING DESCRIBED PROPERTY: BEING A RESUBDIVISION OF LOTS 3033 AND 3034 IN GRANDE RESERVE - UNIT 23, DOCUMENT NUMBER 200600040560, AND LOTS 202,232,239,252,287 AND 290 IN THE AMENDED PLAT OF PART OF GRANDE RESERVE - UNIT 23, DOCUMENT NUMBER 200700018963, ALL PART OF THE SOUTHEAST QUARTER OF SECTION 2, PART OF THE NORTHEAST QUARTER OF SECTION 11, AND PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. I FURTHER CERTIFY THAT THE PLAT HEREON DRAWN IS A CORRECT AND ACCURATE REPRESENTATION OF SAID SURVEY AND SUBDIVISION. ALL DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. I FURTHER CERTIFY THAT NO PART OF THE ABOVE DESCRIBED PROPERTY IS LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON FIRM 17093C0035H, DATED 1/08/2014. ALL OF THE PROPERTY IS LOCATED IN ZONE X, AREAS OF MINIMAL FLOOD HAZARD. I FURTHER CERTIFY THAT ALL SUBDIVISION MONUMENTS WILL BE SET AND I HAVE DESCRIBED THEM ON THIS FINAL PLAT AS REQUIRED BY THE PLAT ACT (765 ILCS 205/). THE EXTERIOR SUBDIVISION MONUMENTS HAVE BEEN SET AND INTERIOR MONUMENTS WILL BE SET WITHIN 12 MONTHS OF THE RECORDING OF THIS PLAT (SECTION 1270-56 OF THE ILLINOIS PROFESSIONAL LAND SURVEYOR ACT OF 1989) I FURTHER CERTIFY THAT THE PROPERTY SHOWN ON THE PLAT HEREON DRAWN IS SITUATED WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF YORKVILLE, ILLINOIS, WHICH IS EXERCISING THE SPECIAL POWERS AUTHORIZED BY DIVISION 12 OF ARCTICE 11 OF THE ILLINOIS MUNICIPAL CODE AS AMENDED. GIVEN UNDER MY HAND AND SEAL AT NAPERVILLE, ILLINOIS, THIS 2ND DAY OF JANUARY 2019. RECORDER'S CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) THIS INSTRUMENT NO. ________________________, WAS FILED FOR RECORD IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS, ON THE _________________ DAY OF _____________________ , 20_____ AT________O'CLOCK____M. __________________________________ RECORDER OF DEEDS COUNTY CLERK'S CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF KENDALL) I,________________________________, COUNTY CLERK OF KENDALL COUNTY, ILLINOIS, DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT GENERAL TAXES, NO UNPAID CURRENT TAXES, NO UNPAID FORFEITED TAXES, AND NO REDEEMABLE TAX SALES AGAINST ANY OF THE LAND INCLUDED IN THE PLAT HEREIN DRAWN. GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKVILLE, ILLINOIS, THIS________DAY OF_____________________, 20____. _________________________________ COUNTY CLERK KENDALL COUNTY RIGHT TO FARM STATEMENT NOTICE: KENDALL COUNTY HAS A LONG, RICH TRADITION IN AGRICULTURE AND RESPECTS THE ROLE THAT FARMING CONTINUES TO PLAY IN SHAPING THE ECONOMIC VIABILITY OF THE COUNTY. PROPERTY THAT SUPPORTS THIS INDUSTRY IS INDICATED BY A ZONING INDICATOR - A-1 OR AG SPECIAL USE. ANYONE CONSTRUCTING A RESIDENCE OR FACILITY NEAR THIS ZONING SHOULD BE AWARE THAT NORMAL AGRICULTURAL PRACTICES MAY RESULT IN OCCASIONAL SMELLS, DUST, SIGHTS, NOISE, AND UNIQUE HOURS OF OPERATION THAT ARE NOT TYPICAL IN OTHER ZONING AREAS. EASEMENT PROVISIONS AN EASEMENT FOR SERVING THE SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC AND COMMUNICATIONS SERVICE IS HEREBY RESERVED FOR AND GRANTED TO COMCAST CABLE COMMUNICATIONS, INC. (CABLE TV), COMMONWEALTH EDISON COMPANY, AND SBC ILLINOIS (TELEPHONE), GRANTEES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, TO INSTALL, OPERATE, MAINTAIN AND REMOVE, FROM TIME TO TIME, FACILITIES USED IN CONNECTION WITH OVERHEAD AND UNDERGROUND TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND SOUND AND SIGNALS IN, OVER, UNDER, ACROSS, ALONG AND UPON THE SURFACE OF THE PROPERTY SHOWN WITHIN THE DOTTED LINES ON THE PLAT AND MARKED “EASEMENT”, THE PROPERTY DESIGNATED IN THE DECLARATION OF CONDOMINIUM AND/OR ON THIS PLAT AS “COMMON ELEMENTS”, AND THE PROPERTY DESIGNATED ON THE PLAT AS A “COMMON AREA OR AREAS” AND THE PROPERTY DESIGNATED ON THE PLAT FOR STREETS AND ALLEYS, WHETHER PUBLIC OR PRIVATE, TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS OVER OR UNDER THE SURFACE OF EACH LOT AND COMMON AREA OR AREAS TO SERVE THE IMPROVEMENTS THEREON OR ON ADJACENT LOTS, AND COMMON AREA OR AREAS, THE RIGHT TO CUT, TRIM OR REMOVE TREES, BUSHES AND ROOTS AS MAY BE REASONABLY REQUIRED INCIDENT TO THE RIGHTS HEREIN GIVEN, AND THE RIGHT TO ENTER UPON THE SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. OBSTRUCTIONS SHALL NOT BE PLACED OVER GRANTEES FACILITIES OR IN UPON OR OVER THE PROPERTY WITHIN THE DOTTED LINES MARKED “EASEMENT” WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE SUBDIVIDED PROPERTY SHALL NOT BE ALTERED IN A MANNER SO AS TO INTERFERE WITH THE PROPER OPERATION AND MAINTENANCE THEREOF. THE TERM “COMMON ELEMENTS” SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM IN SECTION 2 (E) OF “ AN ACT IN RELATION TO CONDOMINIUMS”, ILLINOIS REVISED STATUES, CH. 30, PAR 302 (E), AS AMENDED FROM TIME TO TIME. THE TERM “COMMON AREA OR AREAS” IS DEFINED AS A LOT, PARCEL, OR AREA OF REAL PROPERTY, THE BENEFICIAL USE AND ENJOYMENT OF WHICH IS RESERVED IN WHOLE AS AN APPURTENANCE TO THE SEPARATELY OWNED LOTS, PARCELS, OR AREAS WITHIN THE PLANNED DEVELOPMENT, EVEN THOUGHT SUCH BE OTHERWISE DESIGNATED ON THE PLAT BY TERMS SUCH AS, “OUTLOTS”, “COMMON ELEMENTS”, “OPEN SPACE”, “OPEN AREA”, “COMMON GROUND”, “PARKING AND COMMON AREA”. THE TERMS “COMMON AREA OR AREAS” AND “COMMON ELEMENTS” INCLUDES REAL PROPERTY SURFACED WITH INTERIOR DRIVEWAYS AND WALKWAYS, BUT EXCLUDES REAL PROPERTY PHYSICALLY OCCUPIED BY A BUILDING. SERVICE BUSINESS DISTRICT OR STRUCTURES SUCH AS A POOL OR RETENTION POND, OR MECHANICAL EQUIPMENT. RELOCATION OF FACILITIES WILL BE DONE BY GRANTEES AT COST OF GRANTOR/LOT OWNER UPON WRITTEN REQUEST. PUBLIC UTILITY AND DRAINAGE EASEMENT EASEMENT PROVISIONS A PERPETUAL EASEMENT, DESIGNATED FOR OVERHEAD, UNDERGROUND, AND SURFACE PUBLIC UTILITIES AND DRAINAGE, ARE HEREBY RESERVED FOR, AND GRANTED TO, VILLAGE OF WHEELING, COMMONWEALTH EDISON COMPANY, COMCAST CABLE COMMUNICATIONS, INC. (CABLE TV), NICOR GAS, AND SBC ILLINOIS (TELEPHONE) THEIR SUCCESSORS AND ASSIGNEES, IN ALL PLATTED EASEMENT AREAS, STREETS, AND OTHER PUBLIC WAYS AND PLACES SHOWN ON THIS PLAT. SAID EASEMENTS SHALL BE FOR THE INSTALLATION, MAINTENANCE, RELOCATION, RENEWAL AND REMOVAL OF ANY AND ALL PUBLIC UTILITIES, DRAINAGE LOCALITIES AND RELATED APPURTENANCES IN, OVER, ACROSS, ALONG AND UPON THE SO DESIGNATED PROPERTY. SAID EASEMENT SHALL INCLUDE THE RIGHT TO ENTER THE SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. AND THE RIGHT WITHOUT LIABILITY TO CUT, TRIM, ALTER, OR REMOVE ANY VEGETATION, ROOTS, STRUCTURES OR DEVICES WITHIN THE DESIGNATED EASEMENT PROPERTY AS MAY BE REASONABLY REQUIRED INCIDENT TO THE RIGHTS HEREIN GIVEN. WITHOUT CONSENT OF GRANTEES, NO BUILDINGS, STRUCTURES OR OTHER OBSTRUCTION SHALL BE CONSTRUCTED, PLANTED, OR PLACED IN ANY SUCH EASEMENT AREA, STREETS, OR OTHER PUBLIC WAYS OR PLACES, NOR SHALL ANY OTHER USES BE MADE THEREOF WHICH WILL INTERFERE WITH THE EASEMENTS RESERVED AND GRANTED HEREBY. SUCH EASEMENTS SHALL FURTHER BE FOR THE PURPOSES OF SERVING ALL AREAS SHOWN ON THIS PLAT AS WELL AS OTHER PROPERTY, WHETHER OR NOT CONTIGUOUS THERETO, WITH GAS, ELECTRIC, TELEPHONE, CABLE T.V., WATER MAINS, SANITARY AND STORM SEWERS, AND SHALL INCLUDE THE RIGHT TO OVERHANG ALL LOTS WITH AERIAL SERVICE WIRES TO SERVE ADJACENT LOTS, BUT SUCH AERIAL SERVICE WIRE SHALL NOT PASS THROUGH PERMANENT IMPROVEMENTS ON SUCH LOTS. SUCH EASEMENTS SHALL SURVIVE THE VACATION BY PROPER AUTHORITY OF ANY STREETS AND OTHER PUBLIC WAY AND PLACE SHOWN ON THIS PLAT, UNLESS OTHERWISE EXPRESSLY MENTIONED IN THE ORDINANCE OF VACATION. P.I.N. 02-11-227-001 P.I.N. 02-11-227-031 P.I.N. 02-11-227-034 P.I.N. 02-11-228-001 P.I.N.02-11-228-078 P.I.N. 02-11-228-082 P.I.N. 02-11-229-022 P.I.N. 02-11-229-025 CITY ADMINISTRATOR'S CERTIFICATE STATE OF ILLINOIS ) )SS COUNTY OF KENDALL) APPROVED AND ACCEPTED BY THE CITY ADMINISTRATOR OF THE UNITED CITY OF YORKVILLE, ILLINOIS THIS________DAY OF_____________________, 20____. _________________________________ CITY ADMINISTATOR RESUBDIVISION OF LOTS 202, 232, 239, 251, 287, 290, 3033 AND 3034 OF GRANDE RESERVE – UNIT 23 YORKVILLE, ILLINOIS 1 2/4/2019 REVISION SUBDIVISION NAME LEGAL DESCRIPTION BEING A RESUBDIVISION OF LOTS 3033 AND 3034 IN GRANDE RESERVE - UNIT 23, DOCUMENT NUMBER 200600040560, AND LOTS 202,232,239,252,287 AND 290 IN THE AMENDED PLAT OF PART OF GRANDE RESERVE - UNIT 23, DOCUMENT NUMBER 200700018963, ALL PART OF THE SOUTHEAST QUARTER OF SECTION 2, PART OF THE NORTHEAST QUARTER OF SECTION 11, AND PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. FINAL PLAT RESUBDIVISION OF LOTS 202, 232, 239, 251, 287, 290, 3033 AND 3034 OF GRANDE RESERVE – UNIT 23 NOTARY'S CERTIFICATE STATE OF _____________ ) ) S.S. COUNTY OF ___________ ) I, , NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY AFORESAID, HEREBY CERTIFY THAT ______________________________ AND , PERSONALLY KNOW TO ME TO BE THE SAME PERSON(S) WHOSE NAME(S) IS(ARE) SUBSCRIBED TO THE FOREGOING INSTRUMENT, APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE EXECUTION OF THE ANNEXED PLAT AND ACCOMPANYING INSTRUMENTS FOR THE USES AND PURPOSES THEREIN SET FORTH AS HIS (HER)(THEIR) FREE AND VOLUNTARY ACT. GIVEN UNDER MY HAND AND SEAL THIS __________________ DAY OF __________________ , 20___ . ________________________________ NOTARY PUBLIC OWNERS CERTIFICATE STATE OF _____________ ) ) S.S. COUNTY OF ___________ ) THIS IS TO CERTIFY THAT THE UNDERSIGNED IS (ARE) THE OWNER(S) OF THE PROPERTY DESCRIBED ON THE ATTACHED PLAT AND HAS (HAVE) CAUSED THE SAME TO BE SURVEY, SUBDIVIDED AND PLATTED AS SHOWN BY THE PLAT FOR THE USES AND PURPOSES AS INDICATED THEREON, AND DOES HERBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE THEREON INDICATED. THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON THIS PLAT FOR THOROUGHFARES, STREETS, ALLEYS AND PUBLIC SERVICES; AND HEREBY ALSO RESERVES FOR ANY ELECTRIC, GAS, TELEPHONE, CABLE TV OR OTHER TELECOMMUNICATIONS COMPANY UNDER FRANCHISE AGREEMENT WITH THE UNITED CITY OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS, THE EASEMENT PROVISIONS WHICH ARE STATED HEREON. THE UNDERSIGNED FURTHER CERTIFIES THAT ALL OF THE LAND INCLUDED IN THIS PLAT LIES WITHIN THE BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115. WITNESS MY (OUR) HAND AND SEAL AT , , GIVEN UNDER MY HAND AND SEAL THIS __________________ DAY OF __________________ , 20___ . _______________________________ ______________________________ OWNER (SIGNATURE)OWNER (PRINTED NAME) 2 2/4/2019 ADDITIONAL OWNERS CERTIFICATE 3 02/27/19 REVISION SUBDIVISION NAME CITY ENGINEER'S CERTIFICATE STATE OF ILLINOIS ) ) S.S. COUNTY OF KENDALL ) I, , CITY ENGINEER FOR THE UNITED CITY OF YORKVILLE, DO HEREBY CERTIFY THAT THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR THE REQUIRED GUARANTEE COLLATERAL HAS BEEN POSTED FOR THE COMPLETION OF ALL REQUIRED IMPROVEMENTS. DATED AT YORKVILLE, ILLINOIS THIS DAY OF , 20__. ______________________________ CITY ENGINEER 4 03/08/19 PER CITY ENGINEER REVIEW PROFESSIONAL LAND SURVEYOR NUMBER 3265. LAND SURVEYOR LICENSE EXPIRES NOVEMBER 30, 2020. DESIGN FIRM NUMBER 184004465 THIS SURVEY CONFORMS TO THE CURRENT ILLINOIS STANDARD FOR A BOUNDARY SURVEY. NOTARY'S CERTIFICATE STATE OF _____________ ) ) S.S. COUNTY OF ___________ ) I, , NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY AFORESAID, HEREBY CERTIFY THAT ______________________________ AND , PERSONALLY KNOW TO ME TO BE THE SAME PERSON(S) WHOSE NAME(S) IS(ARE) SUBSCRIBED TO THE FOREGOING INSTRUMENT, APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE EXECUTION OF THE ANNEXED PLAT AND ACCOMPANYING INSTRUMENTS FOR THE USES AND PURPOSES THEREIN SET FORTH AS HIS (HER)(THEIR) FREE AND VOLUNTARY ACT. GIVEN UNDER MY HAND AND SEAL THIS __________________ DAY OF __________________ , 20___ . ________________________________ NOTARY PUBLIC OWNERS CERTIFICATE STATE OF _____________ ) ) S.S. COUNTY OF ___________ ) THIS IS TO CERTIFY THAT THE UNDERSIGNED IS (ARE) THE OWNER(S) OF THE PROPERTY DESCRIBED ON THE ATTACHED PLAT AND HAS (HAVE) CAUSED THE SAME TO BE SURVEY, SUBDIVIDED AND PLATTED AS SHOWN BY THE PLAT FOR THE USES AND PURPOSES AS INDICATED THEREON, AND DOES HERBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE THEREON INDICATED. THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON THIS PLAT FOR THOROUGHFARES, STREETS, ALLEYS AND PUBLIC SERVICES; AND HEREBY ALSO RESERVES FOR ANY ELECTRIC, GAS, TELEPHONE, CABLE TV OR OTHER TELECOMMUNICATIONS COMPANY UNDER FRANCHISE AGREEMENT WITH THE UNITED CITY OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS, THE EASEMENT PROVISIONS WHICH ARE STATED HEREON. THE UNDERSIGNED FURTHER CERTIFIES THAT ALL OF THE LAND INCLUDED IN THIS PLAT LIES WITHIN THE BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115. WITNESS MY (OUR) HAND AND SEAL AT , , GIVEN UNDER MY HAND AND SEAL THIS __________________ DAY OF __________________ , 20___ . _______________________________ ______________________________ OWNER (SIGNATURE)OWNER (PRINTED NAME) 1 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. _____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE FINAL PLAT OF RESUBDIVISION OF LOTS 202, 232, 239, 251, 287, 290, 3033 AND 3034 OF GRANDE RESERVE – UNIT 23 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, The City approved Resolution 2006-61 entitled, RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF SUBDIVISION FOR GRANDE RESERVE UNIT 23 adopted July 11, 2006 that was recorded with the Kendall County Recorder’s office on December 15, 2006 as Document Number 200600040560; and, WHEREAS, The AMENDED PLAT OF PART OF GRANDE RESERVE – UNIT 23 was recorded with the Kendall County Recorder’s office on June 18, 2007 as Document Number 200700018963; and, WHEREAS, NVR doing business as Ryan Homes (the “Developer”) has filed an application for final plat approval of the resubdivision of Lots 202, 232, 239, 251, 287, 290, 3033 and 3034 of Grande Reserve – Unit 23 (the “Subject Property”); and, WHEREAS, the Planning and Zoning Commission convened and held a public meeting on the 13 day of March, 2019, to consider the resubdivision of the Subject Property after publication of notice; and, WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Chapter 3 and 4 of the Yorkville Subdivision Control Ordinance and made a recommendation to the Mayor and City Council (“the Corporate Authorities”) for approval of the resubdivision. 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 herein and made a part of this Ordinance. 2 Section 2: That the Corporate Authorities hereby approve and authorize the execution of the FINAL PLAT OF RESUBDIVISION OF LOTS 202, 232, 239, 251, 287, 290, 3033 AND 3034 OF GRANDE RESERVE – UNIT 23 prepared by Weaver Consultants Group, Naperville, Illinois dated last revised March 8, 2019, attached hereto and made a part hereof by reference as Exhibit A, for the resubdivision of the Subject Property, legally described as: BEING A RESUBDIVISION OF LOTS 3033 AND 3034 IN GRANDE RESERVE – UNIT 23 DOCUMENT NUMBER 200600040560, AND LOTS 202, 232, 239, 251, 287 AND 290 IN THE AMENDED PLAT OF PART OF GRANDE RESERVE – UNIT 23, DOCUMENT NUMBER 200700018963, ALL PART OF THE SOUTHEAST QUARTER OF SECTION 2, PART OF THE NORTHEAST QUARTER OF SECTION 11, AND PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, with Property Index Numbers of: 02-11-227-001 02-11-227-031 02-11-227-034 02-11-228-001 02-11-228-078 02-11-228-082 02-11-229-022 02-11-229-025 Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication 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 ______ 3 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________ 2019. ______________________________ MAYOR