Planning and Zoning Commission Packet 2019 05-08-19
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, May 8, 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: April 10, 2019
Citizen’s Comments
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Public Hearings
1. PZC 2019-10 Roger S. Bauer on behalf of Morton Buildings, Inc., petitioner, has filed an application
with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The
real property is located along Commercial Drive, northwest of the Boombah Boulevard and
Commercial Drive intersection. The petitioner is requesting rezoning approval from B-3 General
Business District to M-1 Limited Manufacturing District.
Unfinished Business
New Business
1. PZC 2019-10 Roger S. Bauer on behalf of Morton Buildings, Inc., petitioner, has filed an application
with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The
real property is located along Commercial Drive, northwest of the Boombah Boulevard and
Commercial Drive intersection. The petitioner is requesting rezoning approval from B-3 General
Business District to M-1 Limited Manufacturing District.
Action Item
Rezone Request
Additional Business
1. City Council Action Updates
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.
City Council Action
No objection
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
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.
City Council Action
Approved
Adjournment
Page 1 of 4
DRAFT
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, Il
Wednesday, April 10, 2019 7:00pm
Meeting Called to Order
Vice-Chairman Jeff Olson called the meeting to order at 7:00pm, roll was called and a
quorum was established.
Roll Call:
Richard Vinyard-yes, Dan Williams-yes, Don Marcum-yes, Jeff Olson-yes
Absent: Deborah Horaz, Randy Harker
City Staff
Krysti Barksdale-Noble, Community Development Director
Jason Engberg, Senior Planner
Other Guests
Christine Vitosh, Vitosh Reporting Service Scott Shelton, Ryan Homes
Lynn Dubajic, City Consultant Marc & Audrey Lewen, Rowdy's
Doug Farr, Farr Associates
Previous Meeting Minutes March 13, 2019
The minutes were approved as presented on a motion and second by Commissioners
Vinyard and Marcum, respectively.
Roll call: Williams-yes, Marcum-yes, Olson-yes, Vinyard-yes. Carried 4-0.
Citizen’s Comments None
Public Hearings
Vice-Chairman Olson explained the procedure for the Public Hearings and swore in those
who would present testimony. A motion was made and seconded at approximately
7:02pm by Mr. Vinyard and Mr. Marcum, respectively, to open the Public Hearings.
Roll call: Marcum-yes, Olson-yes, Vinyard-yes, Williams-yes. Carried 4-0.
Mr. Olson read the petitions for the 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.
Page 2 of 4
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.
(See Court Reporter's transcript of Public Hearing proceedings)
The Hearings were closed at approximately 7:13pm on a motion by Mr. Vinyard and
second by Mr. Marcum.
Roll call: Marcum-yes, Olson-yes, Vinyard-yes, Williams-yes. Carried 4-0.
Unfinished Business None
New Business
1. PZC 2019-05 Short Term Rentals (see full description above in #1)
Mr. Engberg said short term rentals are 30 days or less. Commissioner Vinyard asked if
there was a solution in place if the short term rentals become a problem and Ms. Noble
said they do have options if this occurs.
A motion was made as follows by Commissioner Marcum and seconded by
Commissioner Vinyard to approve PZC 2019-05: 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.
Roll call: Marcum-yes, Olson-yes, Vinyard-yes, Williams-yes. Carried 4-0.
2. PZC 2019-09 Downtown Overlay District (see full description above in #2)
Ms. Noble said staff is looking to codify the form-based code which Farr Associates has
completed. There was no discussion and a motion was made and seconded by Mr.
Marcum and Mr. Vinyard, respectively, as follows: in consideration of testimony
presented during a Public Hearing on April 10, 2019 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.
Roll call: Olson-yes, Vinyard-yes, Williams-yes, Marcum-yes. Carried 4-0.
Page 3 of 4
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.
This is a 1.5 mile review received from the County. The petitioners wish to build a
house on the property, run a small carpentry business and are seeking R-1 Residential
zoning. No more than 10 trips a day would be generated by customers. Mr. Engberg said
the property falls on the Montgomery side of the planning boundary. The Commissioners
gave a positive recommendation for this petition.
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.
Ms. Noble gave a summary of the petition background. Unit #1 is currently owned and
being developed by Avanti Builders where villa-type homes are being built and targeted
for 55 and up. Ryan Homes is the builder and they have found that people want the
garage located in a different location on the very narrow lots. They are trying to not
encroach on the side yard of six lots in particular. They plan to take a small amount of
land from the adjacent common area. Staff compiled an analysis of the open space and
determined there is less than .1% of change in the overall common area. Staff
recommends approval and Ms. Noble noted this change will affect the plat.
Mr. Olson questioned how many homeowners there are in Grande Reserve. Ms. Noble
replied there are about 1,400 platted lots and 2,500 overall. Commissioner Olson said he
views a recorded plat as a promise and thinks it is not appropriate to take the common
area. He suggested there could be 5 lots instead of 6 or that it would be more suitable to
build a 2-story home.
Scott Shelton of Ryan Homes said this request is in an area of cul-de-sacs and that getting
into the driveways proved difficult. He said the houses would be set back slightly to
make garage access easier. Mr. Olson said it would set a precedent to approve this
request and would infringe on the common area. Mr. Shelton replied that the common
area being taken is directly behind the lots in question and would be about 16-21 feet
according to Ms. Noble.
Mr. Vinyard said he agreed with Mr. Olson about protecting the open space. He is
concerned about setting a precedent of trying to squeeze in one more lot for tax purposes.
Ms. Noble said this area is heavily restricted by number of bedrooms and building type.
Page 4 of 4
A motion was made by Mr. Marcum and seconded by Mr. Vinyard as follows: in
consideration of the proposed Final Plat of Resubdivision of Lots 202, 232, 239, 251,
287, 290, 3033 and 3034 of Grand 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.
Roll call: Vinyard-yes, Williams-abstain, Marcum-yes, Olson-nay. Carried with 2 yes, 1
no and 1 abstain.
Additional Business None
Adjournment
There was no further business and the meeting was adjourned at 7:34pm on a motion by
Mr. Marcum and seconded by Mr. Vinyard. Voice vote approval.
Respectfully submitted by Marlys Young, Minute Taker
PZC - April 10, 2019 - Public Hearing
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5 UNITED CITY OF YORKVILLE
6 YORKVILLE, ILLINOIS
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9 PLANNING AND ZONING COMMISSION
10 PUBLIC HEARING
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16 800 Game Farm Road
17 Yorkville, Illinois
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21 Wednesday, April 10 , 2019
22 7 : 00 p . m.
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1 PRESENT :
2 Mr . Jeff Olson, Chairman,
3 Mr . Richard Vinyard,
4 Mr . Donald Marcum,
5 Mr . Danny Williams .
6
7 ALSO PRESENT :
8 Ms . Krysti Barksdale-Noble, Community
9 Development Director,
10 Mr . Jason Engberg, Senior Planner,
11 Ms . Marlys Young, Minute Taker .
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1 WHEREUPON, the following
2 proceedings were had in
3 public hearing : )
4 VICE-CHAIRMAN OLSON : There are two
5 public hearings scheduled for tonight ' s Planning
6 and Zoning Commission meeting .
7 The purpose of these hearings is to
8 invite testimony from the members of the public
9 regarding the proposed requests that are being
10 considered before this Commission tonight .
11 Public testimony from persons
12 present who wish to speak may be for or against
13 the request or to ask questions of the petitioner
14 regarding those requests being heard.
15 Those persons wishing to testify are
16 asked to speak clearly, one at a time, and state
17 your name and who you represent, if anyone at
18 all . You are also asked to sign in at the
19 podium.
20 If you plan to speak during
21 tonight ' s public hearing as a petitioner or as a
22 member of the public, please now stand, raise
23 your right hand, and repeat after me .
24 Witness sworn . )
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1 CHAIRMAN OLSON : Very well . Thank you .
2 The order for receiving testimony here in the
3 public hearing will be as follows : Petitioner
4 presentation, those who wish to speak in favor of
5 the request and those who wish to speak in
6 opposition of the request . That ' s the outline .
7 May I have a motion to open the
8 public hearing on Petition Number PZC 2019-05 and
9 PZC 2019-09?
10 MR . VINYARD : So moved .
11 MR . MARCUM: Second .
12 VICE-CHAIRMAN OLSON : Roll call vote on
13 the motion, please .
14 MS . YOUNG : Yes .
15 Marcum.
16 MR . MARCUM: Yes .
17 MS . YOUNG : Olson .
18 VICE-CHAIRMAN OLSON : Yes .
19 MS . YOUNG : Vinyard .
20 MR. VINYARD : Yes .
21 MS . YOUNG : Williams .
22 MR . WILLIAMS : Yes .
23 VICE-CHAIRMAN OLSON : Now, the first
24 public hearing up for discussion tonight is PZC
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1 2019-05 , United City of Yorkville, Kendall
2 County, Illinois , petitioner, has proposed text
3 amendments to Chapter 2 : Rules and Definitions ,
4 and Chapter 6 : Permitted and Special Uses of the
5 United City of Yorkville Zoning Ordinance . These
6 proposed amendments will define Short-Term Rental
7 Uses and indicate the zoning districts where they
8 are permitted .
9 The second public hearing up for
10 discussion tonight is PZC 2019-09, United City of
11 Yorkville, Kendall County, Illinois , petitioner,
12 is proposing the adoption of the Yorkville
13 Downtown Overlay District, which includes the
14 Streetscape Master Plan and the Form-Based Code .
15 The proposed Streetscape Master Plan provides
16 guidance on the direction and character of the
17 future street related capital improvements in the
18 downtown area . It shows what it ' s going to look
19 like .
20 The Form-Based Code provides
21 development standards for the downtown with the
22 purpose to guide the development of a mix of uses
23 and a pedestrian-oriented environment .
24 Additionally, these standards are
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1 aimed at promoting a mix of housing types which
2 are appropriate in scale and -- it says intensity
3 in here, but did you mean density?
4 MS . NOBLE : No, intensity.
5 VICE-CHAIRMAN OLSON : Intensity, in the
6 downtown . The Form-Based Code will be codified
7 as Chapter 21 : Downtown Overlay District in
8 Title 10 of the Yorkville Municipal Code . So
9 what it looks like and what the rules are .
10 Is petitioner for PZC 2019-05
11 present and prepared to make a presentation of
12 their proposed request?
13 MR . ENGBERG : I am.
14 VICE-CHAIRMAN OLSON : All right .
15 MR. ENGBERG: So this amendment , these
16 two amendments actually, regard short-term rental
17 regulations . Very commonly you know them as
18 AirBNB, VRBO . Basically sharing a room, you
19 know, on a short-term basis .
20 It ' s one of those things that can be
21 a controversial topic, and a lot of cities over
22 the past five years have been trying to figure
23 out , you know, when does a house -- when you
24 start renting out, when does it become a hotel ,
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1 when does it become not residential , is it in the
2 right zone, and one of these things -- it ' s a
3 thing that a lot of bigger cities are having
4 issues with as there is lots of tourism and
5 attractions .
6 As a smaller city, we wanted to be
7 proactive in taking a look at how do we want to
8 go about this , are there any AirBNB ' s in
9 Yorkville, what are we doing .
10 As we state in our Zoning Ordinance,
11 if we do not address it, it is prohibited . So
12 back in the beginning of the year, you know, a
13 lot of data was collected, a lot of information,
14 and we took it to EDC . There was some licensing
15 and some extra regulations and things like that
16 that were proposed .
17 After that EDC committee meeting we
18 were told that it might be best just to permit it
19 in residential districts , define it and permit
20 it .
21 It ' s not an issue at this time, it ' s
22 not something that we see that ' s prevalent in the
23 community, so that ' s what I am bringing forth
24 today, so it gives a definition of a short-term
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1 rental and then it permits it in all residential
2 districts .
3 VICE-CHAIRMAN OLSON : Could you read the
4 definition of the short-term use?
5 MR. ENGBERG : I could read the
6 definition . The definition is a short-term
7 rental is a home occupation of a single family
8 dwelling unit that is used as a primary residence
9 by owners or renters or a part/portion of such
10 unit that is rented for less than 30 days at a
11 time to transient and temporary guests .
12 VICE-CHAIRMAN OLSON : Is there anyone
13 present who wishes to speak in favor of the
14 request?
15 No response . )
16 VICE-CHAIRMAN OLSON : Is there anyone
17 present who wishes to speak in opposition to the
18 request?
19 No response . )
20 VICE-CHAIRMAN OLSON : Are there any
21 questions from the Commission members?
22 MR. MARCUM : No .
23 VICE-CHAIRMAN OLSON : Is the petitioner
24 for then PZC 2019-09 present and prepared to make
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1 a presentation?
2 MR . ENGBERG: We are .
3 VICE-CHAIRMAN OLSON : Please proceed .
4 MR . ENGBERG : Doug, would you like to
5 just quickly go over the petition? Obviously
6 this was at the open house , but kind of going
7 over the downtown overlay .
8 DOUG FARR,
9 having been first duly sworn, testified before
10 the Commission as follows :
I1 MR . FARR: Sure, I ' d be glad to . Good
12 evening . How are we doing?
13 So the boards before you probably
14 tell the story as well as I can and a picture is
15 worth a thousand words , so if you haven ' t seen it
16 yet, to maybe check it out on the way out, but we
17 were engaged by the village to do two different
18 things , prepare a downtown master plan, a
19 Streetscape Master Plan, and you can sort of see
20 that here -- and I will just say Krysti I think
21 did a really good intro, each of the streets in
22 downtown has their own character, and through
23 design can be made its best not by being a copy
24 of the others , but each one is unique, and so you
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1 think you ' ve got a little downtown, what can be
2 so fussy about it, but there really is nuance
3 between Bridge and the others , and Hydraulic, Van
4 Emmon, so we think we got that really right .
5 We focused on long-term permitted
6 improvements , which tend to be five and ten years
7 and hundreds of thousands and millions , and then
8 we focused on tactical things , which are things
9 you can do this summer or in the next year, and
10 so this is kind of the state-of-the-art in
11 planning, is to promote the tactical stuff .
12 A lot of times -- for years and
13 years and years plans only said here is the
14 permanent stuff, please adopt my plan, and then,
15 you know, crickets , you know, 10 or 12 years go
16 by and nothing happens .
17 So tactical stuff, there may be
18 funding, and receive funding for, it ' s going to
19 be exciting, and that ' s -- In the age of
20 Instagram, the person that came to downtown
21 Yorkville and played chess with friends and took
22 a picture of it, that ' s free advertising, so
23 that ' s in the plan as well .
24 The signage I think just went up
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1 recently in the banners and so on, so I think
2 they are really sharp looking palettes , the use
3 of color, crisp graphics . I haven ' t seen them
4 installed, but I plan to do that . So that ' s a
5 high level overview of all of that .
6 And then on the boards to my left is
7 the Form-Based Code, and so Form-Based Code is
8 probably between 20 and 25-year old emerging
9 practice in zoning, so zoning forever was what ' s
10 called Euclidean zoning, where it ' s really -- the
11 business of zoning was say factories over there
12 and housing over there . It was about identifying
13 and segregating land uses, keeping noxious fumes
14 away from day care centers , things like that .
15 So in the modern era we ' ve known
16 that industry has gotten cleaner, that places
17 that we are attracted and want to invest in and
18 spend money in tend to be mixed use places .
19 You will have some restaurants and
20 some offices and some housing, all cheek-to-jowl
21 tied in, and the thing that is most important to
22 get right over the long-term is not to fix the
23 use, because we also know how retail has been,
24 you know, just reinvented, turned on its head
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1 with Amazon and other things , but the form is
2 right . So if it ' s facing a main street , it
3 should have a store front; if it ' s on a side
4 street , it may want to be a free-standing
5 residential building, and then we provide for
6 different building types between those two
7 extremes .
8 Here we regulate by street, so on
9 this street following the plan uses are building
10 types permitted, and if you were around for the
11 Open House, I mentioned that one of the great
12 innovations of the Form-Based Code is it took --
13 for a single building we often have to look at
14 the uses chapter, the bulk chapter, the chapter
15 of the setbacks chapter, the maximum height
16 chapter, the parking chapter, and a couple other
17 chapters to sort of say, you know, there is six
18 things I have to do all at one time .
19 What the Form-Based Code does or the
20 Form-Based Code you will hopefully adopt is puts
21 all those regulations for a single building on a
22 two-page spread, so there is no picking around,
23 did I miss something, is there a chapter I should
24 be at, it ' s right there, both for an applicant
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1 and for a neighbor, so you can predict with
2 fairly good certainty if I buy here, the guy next
3 to me, that ' s his regulation . I can see what it
4 is .
5 So I think it makes for a more
6 efficient development in the marketplace . I
7 think we also explained the details about what we
8 thought was an appropriate building in each
9 condition, and so an applicant that comes forward
10 and says I want to build one of your three, you
11 know, preset buildings along Bridge Street or
12 whatever it is , you know, I 'm a big pro-business
13 guy, if you meet all our rules , you walk out with
14 a permit today, so this design will do that .
15 And then on the far, far board is
16 the sort of second condition of Form-Based Code ,
17 you know, streets create a lot of value in cities
18 and towns, they are often left to chance, their
19 design is often left to chance .
20 So if you go to visit a place, go to
21 Galena or someplace like that , you are walking
22 the streets , that ' s your experience . That ' s a
23 linear outdoor room framed by buildings , but
24 shaped a lot by the traffic experience, the
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1 parked cars , the sidewalks , a lot of that stuff,
2 so rather than leave that to chance, we also
3 designed that .
4 So the plan sort of alludes to the
5 character, look and feel we want, and then sort
6 of make this more the sidewalk response, so it ' s
7 got the reports and all the entities that
8 contribute to it .
9 So that was my report, glad to
10 answer questions , but that ' s -- I ' ll sit down .
11 Thanks .
12 VICE-CHAIRMAN OLSON : Is there anyone
13 present who wishes to speak in favor of the
14 request other than Doug?
15 No response . )
16 VICE-CHAIRMAN OLSON : Is there anyone
17 who wishes to speak in opposition to the
18 request?
19 No response . )
20 VICE-CHAIRMAN OLSON : Is there any
21 questions from the Commissioners?
22 MR . MARCUM: No .
23 MR. VINYARD : No .
24 VICE-CHAIRMAN OLSON : Since all public
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1 testimony regarding these petitions has been
2 taken, may I have a motion to close the taking of
3 testimony in this public hearing, please?
4 MR . VINYARD : So moved .
5 MR. MARCUM: Second .
6 VICE-CHAIRMAN OLSON : Roll call vote on
7 the motion, please .
8 MS . YOUNG : Yes .
9 Marcum.
10 MR . MARCUM : Yes .
11 MS . YOUNG : Olson .
12 VICE-CHAIRMAN OLSON : Yes .
13 MS . YOUNG : Vinyard .
14 MR . VINYARD : Yes .
15 MS . YOUNG : Williams .
16 MR . WILLIAMS : Yes .
17 MS . YOUNG : Thank you .
18 VICE-CHAIRMAN OLSON : The public hearing
19 portion of the meeting is closed .
20 Which were all the
21 proceedings had in the
22 public hearing portion
23 of the meeting . )
24 o0o---
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1 STATE OF ILLINOIS )
SS .
2 COUNTY OF LASALLE )
3 I, Christine M. Vitosh, a Certified Shorthand
4 Reporter, do hereby certify that I transcribed
5 the proceedings from the audio recording taken at
6 the meeting and that the foregoing, Pages 1
7 through 16, 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
11 hereto applies to the original transcript and
12 copies thereof, signed and certified under my
13 hand only . I assume no responsibility for the
14 accuracy of any reproduced copies not made under
15 my control or direction .
16 As certification thereof, I have hereunto set
17 my hand this 29th day April , A . D . , 2019 .
18
19
20 Christine M . Vitosh, CSR
Illinois CSR No . 084-002883
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0 AirBNB[1]-6:18 C committee[i]-7:17 6:7
AirBNB's[1]-7:8 commonly[1]-6:17 downtown[8]-5:18,
alludes[1]-14:4 community[1]-7:23 5:21,6:6,9:7,9:18,
084-002883[1]-16:20 ALSO[1]-2:7 capital[1]-5:17 Community[1]-2:8 9:22, 10:1, 10:20
Amazon[1]-12:1 care[1]-11:14 complete[1]-16:8 duly[1]-9:9
1 amendment[1]-6:15 cars[i]-14:1 computer[1]-16:8 during[1]-3:20
amendments[3]-5:3, centers[i]-11:14 computer-generated dwelling[1]-8:8
1[1]-16:6 5:6,6:16 certainty[1]-13:2 1]-16:8
AND[1]-1:9 certificate[1]-16:10 condition[2]-13:9, E10[3]-1:21,6:8,
certification 1
10:15 annexed[1]-16:10 13:16
12[1]-10:15 answer[1]-14:10 16:16 considered[1]-3:10
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12itosh Reporting Service
815 . 993 . 2832 cros .vitosh@gmail . com
18
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I2itosh Reporting Service
815. 993 . 2832 cros .vitosh@gmail . com
19
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itosh Reporting Service
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PROPOSED REQUEST:
The petitioner, Roger Bauer on behalf of Morton Buildings, Inc. is seeking rezoning approval for lot
15 of the Yorkville Business Center from B-3 General Business District to M-1 Limited Manufacturing
District. The purpose of the rezoning request is to eventually combine the property with lot 14
(currently zoned M-1) into a single parcel and construct a business operations facility for Morton
Buildings, Inc. The total proposed area to be rezoned consists of approximately 0.94 acres of vacant
land north of the Boombah Boulevard and Commercial Drive intersection within the Yorkville
Business Center.
PROPERTY BACKGROUND:
The property was annexed pursuant to an annexation agreement on March 23, 1995 (Ord. 1995-05)
into the City of Yorkville by the Inland Appreciation Fund, L.P. as part of a larger land development
plan which includes both Caledonia and the Yorkville Business Center. This development was zoned
for R-2, B-3, and M-1 uses and this property fell under the B-3 zoning classification. A similar rezone
request for the property to the northeast of the site (Lot 19) was conducted in 2015. The current self-
storage use was rezoned from B-3 General Business District to M-1 Limited Manufacturing.
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 30, 2019
Subject: PZC 2019-10 Morton Buildings – Lot 15 Yorkville Business Center
(Rezoning)
SITE ANALYSIS:
The following are the current immediate surrounding zoning and land uses:
Zoning Land Use
North M-1 Limited Manufacturing Self-Storage Facility/Vacant Land
South B-3 General Business District Commercial Building
East B-3 General Business District Commercial Strip Center/Stormwater Retention
West M-1 Limited Manufacturing Industrial Building
Land Use
The proposed requested use of an “operations center” for Morton Buildings is defined in the Yorkville
Zoning Ordinance as “Any assembly, production, manufacturing, testing, repairing or processing that can
and does operate in compliance with performance standards.” Additionally, wholesaling and warehousing
with accessory office space is also permitted in the M-1 Limited Manufacturing District. Therefore, the
proposed use is permitted in the M-1 Limited Manufacturing District.
Comprehensive Plan (Future Land Use)
The subject property’s future land use is classified as “General Industrial” which is intended to generally
provide small to large-scale industrial uses that are wholly contained in a building and do not generate
noticeable external effects. Also, this designation considers warehousing, assembly and low impact
manufacturing as an appropriate future land use. The proposed M-1 zoning classification is in line with the
Comprehensive Plan’s future land use designation.
Proposed Concept/Site Plan
The petitioner has submitted a preliminary site plan (attached) for when both lots are combined. The
building would be located at the southwest corner of the property and provide two access lanes off of
Commercial Drive.
The following chart illustrates the minimum required yard setbacks for buildings/structures within the
M-1 Limited Manufacturing District:
Minimum Requirement Proposed Setback
Front 25 feet 71 feet
Rear None 152 feet
Side Min. 10% of lot with max.
of 20 feet 20 feet
Corner Side Min. 10% of lot with max.
of 20 feet Over 20 feet (not dimensioned)
Parking required for this land use is 0.5 spaces per 1,000 square feet of floor area. The building is projected
to have 7,000 square feet of floor space. Therefore, the minimum required amount of spaces for this
development is 4 spaces. The petitioner has illustrated that there will be 24 parking spaces which exceeds
the minimum requirement.
The building will be subject to the City's Appearance Code which requires new industrial land uses to
follow these guidelines:
Masonry products or precast concrete shall be incorporated on at least fifty percent (50%)
of the total building, as broken down as follows: The "front facade" (defined as that facade
that faces a street that includes a main entry to the building) shall itself incorporate masonry
products or precast concrete on at least fifty percent (50%) of the facade. Any other facade
that abuts a street shall incorporate masonry products or precast concrete. The use of
masonry products or precast concrete is encouraged on the remaining facades. Where
precast concrete panels or split face block is utilized, the use of colors, patterns, or other
architectural features within these panels/blocks is encouraged.
Landscape
Before the property may be developed, the petitioner will have to comply with all landscape regulations in
Section 8-12 of the Yorkville City Code.
FINDINGS OF FACT FOR REZONING:
Section 10-4-10-B of the City’s Zoning Ordinance establishes criteria for findings of fact related to rezoning
(map amendment) requests. No rezoning shall be recommended by the Planning and Zoning Commission
without each of the following considered:
1. The existing uses and zoning of nearby property.
2. The extent to which the property values are diminished by the particular zoning restrictions.
3. The extent to which the destruction of the property values of plaintiff promotes the health, safety,
morals or general welfare of the public.
4. The relative gain to the public as compared to the hardship imposed upon the individual property
owner.
5. The suitability of the subject property for the zoned purpose.
6. The length of time the property has been vacant as zoned considered in the context of land
development in the area in the vicinity of the subject property.
7. The community need for the proposed use.
8. The care to which the community has undertaken to plan its land use development.
The petitioner has provided written responses to these findings as part of their application (see
attached) and requests inclusion of those responses into the public record at the May 8, 2019 Planning
and Zoning Commission meeting.
STAFF COMMENTS:
Staff is supportive of the proposed rezoning request. The propose project is consistent with current and
future land use plans and is similar to a rezoned property from 2015. The petitioner has submitted extensive
materials to show the layout and quality of the project.
PROPOSED MOTION:
In consideration of testimony presented during a Public Hearing on May 8, 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 property stated in the staff memorandum dated April 30,
2019 from B-3 General Business District to M-1 Limited Manufacturing District and further subject
to {insert any additional conditions of the Planning and Zoning Commission}…
ATTACHMENTS:
1. Application with attachments
2. Legal Description
3. Preliminary Site Plan
Legal Description of the Real Property
Lot 15 in Yorkville Business Center Unit 3, a subdivision of part of the West
½ of Section 16 and part of the East ½ of Section 17, all in Township 37
North, Range 7 East of the Third Principal Meridian, according to the plat
thereof recorded May 21, 2001 as Document No. 200100008620, in Kendall
County, Illinois
Kendall County, Illinois Parcel Identification Number: 02-17-276-005
Common Address: Vacant Land, Yorkville Business Center, Commercial Drive, Yorkville, IL
114CREWROOM113SALESAREA112MENSRR109STORAGE111MECHROOM108CONFERENCEROOM"A"110WOMENSRR106WORKROOM102RECEPTION/LOBBY101VESTIBULE103OFFICE103CONF.ROOM"B"107HALL105HALL115TOOLROOM116WAREHOUSE