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Planning and Zoning Commission Packet 2019 09-11-19 PLANNING AND ZONING COMMISSION AGENDA Wednesday, September 11, 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: August 14, 2019 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2019-20 Charles and Gayle Ashley, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a reduction in front yard setback from 30 feet to 20 feet for a residential parcel located at 208 E. Main Street. The purpose of this request is to allow for the reconstruction of an attached covered porch, as was part of the original home, to be located within the required front yard. The real property, zoned R-2 Traditional Family Residence District, is located east of South Bridge Street (IL Route 47) and immediately south of East Main Street in Yorkville, Illinois. Unfinished Business New Business 1. PZC 2019-20 Charles and Gayle Ashley, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a reduction in front yard setback from 30 feet to 20 feet for a residential parcel located at 208 E. Main Street. The purpose of this request is to allow for the reconstruction of an attached covered porch, as was part of the original home, to be located within the required front yard. The real property, zoned R-2 Traditional Family Residence District, is located east of South Bridge Street (IL Route 47) and immediately south of East Main Street in Yorkville, Illinois. Action Item Variance Request United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us 2. PZC 2019-21 Tyler Edwards, petitioner, on behalf of Menard., Inc. has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting final plat approval to resubdivide Lots 1 & 2 of the Menard’s Commercial Commons, an approximately 37-acre parcel, located in the northeast quadrant of Marketview Drive and E. Countryside Parkway in Yorkville, Illinois. Action Item Final Plat Approval Additional Business 1. City Council Action Updates: PZC 2019-16 The United City of Yorkville, Kendall County, Illinois, petitioner, is proposing to amend Title 8, Chapter 2: Building Codes of the Municipal Code for the purpose of adopting the 2018 International Code Council series, inclusive of the International Fuel Gas Code (IFGC), International Plumbing Code (IPC), International Mechanical Code (IMC), International Property Maintenance Code (IPMC), International Fire Code (IFC), International Residential Code (IRC), International Building Code (IBC), International Existing Building Code (IEBC), Illinois Energy Conservation Code (IECC), International Swimming Pool and Spa Code (ISPSC), 2014 Illinois State Plumbing Code, Illinois State Accessibility Code and the 2017 National Electric Code (NEC). City Council Action First Reading scheduled for 9-10-19 City Council Meeting PZC 2019-19 Leonard McEnery, on behalf of Lenny’s Gas N Wash, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for a gasoline service station with accessory convenience store and ancillary car wash. Additionally, the petitioner is seeking sign variance approval to increase the maximum sign area for a monument sign in a business district from 64 square feet to 107 square feet. The property is zoned B-3 General Business District and is located at the northeast corner of the State Route 47 Waterpark Way intersection. City Council Action Update provided at Meeting Adjournment Page 1 of 4 DRAFT PLANNING & ZONING COMMISSION City Council Chambers 800 Game Farm Road, Yorkville, Il Wednesday, August 14, 2019 7:00pm Meeting Called to Order Chairman Jeff Olson called the meeting to order at 7:00pm, roll was called and a quorum was established. Roll Call: Rusty Hyett-yes, Don Marcum-yes, Jeff Olson-yes, Danny Williams-yes Absent: Deborah Horaz, Richard Vinyard City Staff Krysti Barksdale-Noble, Community Development Director Jason Engberg, Senior Planner Pete Ratos, Code Official Other Guests Christine Vitosh, Vitosh Reporting Service Scott Pritchett, Gas N Wash Lynn Dubajic, City Consultant Lyman Tieman, Gas N Wash Brian Hartz, Gas N Wash Greg Galgan, Gas N Wash Kevin McEnery, Gas N Wash Mark W. Schoppe Katie Finlon, Kendall County Record Previous Meeting Minutes July 10, 2019 The minutes were approved as presented on a motion and second by Commissioners Williams and Hyett, respectively. Roll call: Hyett-yes, Marcum-abstain, Olson-yes, Williams-yes Carried 3 yes, 1 abstain Citizen’s Comments None Public Hearings Chairman Olson explained the procedure for the Hearings and swore in those who would speak. At approximately 7:03pm a motion was made and seconded by Mr. Williams and Mr. Hyett, respectively, to open the Hearings. Roll call: Marcum-yes, Olson-yes, Williams-yes, Hyett-yes. Carried 4-0. Chairman Olson read each of the Public Hearings as follows: 1. PZC 2019-16 The United City of Yorkville, Kendall County, Illinois, petitioner, is proposing to amend Title 8, Chapter 2: Building Codes of the Municipal Code for the purpose of adopting the 2018 International Code Council series, inclusive of the International Fuel Gas Code (IFGC), International Plumbing Code (IPC), Page 2 of 4 International Mechanical Code (IMC), International Property Maintenance Code (IPMC), International Fire Code (IFC), International Residential Code (IRC), International Building Code (IBC), International Existing Building Code (IEBC), Illinois Energy Conservation Code (IECC), International Swimming Pool and Spa Code (ISPSC), 2014 Illinois State Plumbing Code, Illinois State Accessibility Code and the 2017 National Electric Code (NEC). 2. PZC 2019-19 Leonard McEnery, on behalf of Lenny's Gas N Wash, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit approval for a gasoline service station with accessory convenience store and ancillary car wash. Additionally, the petitioner is seeking sign variance approval to increase the maximum sign area for a monument sign in a business district from 64 square feet to 107 square feet. The property is zoned B-3 General Business District and is located at the northeast corner of the State Route 47 Waterpark Way intersection. (See Court Reporter Transcripts) (Responses to Standards for Case #PZC2019-19 Lenny's Gas N Wash to be entered into public record) The Hearings were closed at approximately 7:25 pm on a motion by Mr. Marcum and second by Mr. Williams. Roll call: Olson-yes, Williams-yes, Hyett-yes, Marcum-yes, Carried 4-0. Unfinished Business 1. PZC 2019-17 Margaret LeGrand, petitioner, has filed applications with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification and bulk regulation variance approval for the property located at 701 N. Bridge Street. The petitioner is requesting rezoning approval from B-1 Local Commerce Business District to R-2 Single-Family Traditional Residence District. Additionally, the petitioner is requesting a variance approval for minimum lot size, lot coverage, and front yard setback requirements within the R- 2 Single-Family Traditional Residence District to allow the existing dwelling to remain on the property. Due to an error at the previous PZC meeting, the lot coverage motion was misread. The correct motion is being read at this meeting and voted on for the official record. Mr. Engberg noted that a separate motion sheet will be provided in the future to make it easier to find the proper motion. Action Item Variance Request A motion was made by Mr. Williams to approve the request and seconded by Mr. Hyett. Motion read by Mr. Williams: In consideration of testimony presented during a Public Hearing on July 10, 2019 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request to vary the maximum Page 3 of 4 lot coverage for the R-2 District contained in Section 10-7-1 of the United City of Yorkville Zoning Code from 45 percent to 48 percent as stated in the staff memorandum dated July 1, 2019. Roll call: Williams-yes, Hyett-yes, Marcum-yes, Olson-yes. Carried 4-0. New Business 1. PZC 2019-16 Amend Building Codes (Description under Public Hearings) Ms. Noble and Mr. Olson thanked Mr. Ratos for an outstanding job on this update. Mr. Ratos also created a website for other suggested changes and questions. He said he had requests for changes in the air conditioning code, however, it was decided not to make changes at this time. Action Item A motion was made by Mr. Williams to amend the Building Codes as presented and it was seconded by Mr. Hyett. Motion read by Mr. Williams: In consideration of testimony presented during a Public Hearing on August 14, 2019 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council a request to adopt the proposed 2018 series of International Codes, the Illinois State Accessibility Code, the 2014 Illinois State Plumbing Code, and the 2017 National Electric Code as summarized in a staff memorandum dated July 30, 2019. Roll call: Williams-yes, Hyett-yes, Marcum-yes, Olson-yes. Carried 4-0. 2. PZC 2019-19 Lenny's Gas N Wash (Description under Public Hearings) Mr. Engberg reviewed the various requirements and their request for a 40% larger sign, which staff supports. Mr. Engberg also said the plans for lighting, truck turning ability and landscaping need to be adjusted slightly as conditions of the Special Use. He said overall the project is compatible with the Comprehensive Plan. He reviewed the comments made at the previous Economic Development Committee meeting and said the project must comply with all the comments from EEI and for the landscaping. Final plat approval is also being requested. Chairman Olson reviewed the Findings of Fact for the Special Use and Ms. Noble added that a dormant SSA would be required. He also read the Findings of Fact for the Sign Variance. Action Item Special Use for Fuel/Gasoline Service Station Commissioners Williams and Marcum moved and seconded, respectively, to approve the Special Use. Motion read by Mr. Williams: In consideration of testimony presented during a Public Hearing on August 14, 2019 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for Special Use authorization for a fuel/gasoline service station with accessory car wash to be located at the northeast corner of State Route 47 and Waterpark Way subject to the conditions enumerated in a staff memorandum dated August 7, 2019. Roll call: Hyett-yes, Marcum-yes, Olson-yes, Williams-yes. Carried 4-0. Page 4 of 4 Action Item Sign Variance Request Mr. Marcum and Mr. Williams moved and seconded, respectively, to approve the sign variance. Motion read by Mr. Williams: In consideration of testimony presented during a Public Hearing on August 14, 2019 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a request to vary the sign regulations contained in Section 10-20-9-A of the United City of Yorkville Zoning Ordinance to permit a free standing monument sign in a business district to be larger than 64 square feet in sign area subject to the conditions enumerated in a staff memorandum dated August 7, 2019 Roll call: Marcum-yes, Olson-yes, Williams-yes, Hyett-yes. Carried 4-0. Action Item Final Plat Approval Mr. Williams moved and Mr. Hyett seconded a motion to recommend approval of the Final Plat. Motion read by Mr. Hyett: The Planning and Zoning Commission recommends approval to the City Council of a request for Final Plat of Subdivision of the Lenny's Gas N Wash in Yorkville subject to final engineering approval as enumerated in a letter from Engineering Enterprise Incorporated dated June 9, 2019 and August 7, 2019 and subject to the conditions enumerated in a staff memorandum dated August 7, 2019. Roll call: Olson-yes, Williams-yes, Hyett-yes, Marcum-yes Carried 4-0. Additional Business 1. City Council Action Updates Mr. Engberg noted petitions approved by City Council since the last PZC meeting. Chairman Olson also inquired about the status of the landscaping contractor north of Bristol from a previous PZC meeting. He has since moved to the Fox Industrial Park. He was actually in the County territory and the PZC reviewed his request as a 1.5 Mile Review. He has a special use from the County for the mulch. Adjournment There was no further business and the meeting was adjourned at 7:58pm on a motion by Mr. Williams and second by Mr. Hyett. Unanimous voice vote approval. Respectfully submitted by Marlys Young, Minute Taker PZC - August 14, 2019 - Public Hearing 1 1 2 3 4 5 UNITED CITY OF YORKVILLE 6 YORKVILLE, ILLINOIS 7 8 9 PLANNING AND ZONING COMMISSION 10 PUBLIC HEARING 11 12 13 14 15 16800 Game Farm Road 17 Yorkville, Illinois 18 19 ' 20 21 Wednesday, August 14 , 2019 22 7 : 00 p .m. 23 24 Uitosh Reporting Service 815. 993 . 2832 cros .vitosh@gmail .com PZC - August 14, 2019 - Public Hearing 2 1 ! PRESENT : 2 Mr . Jeff Olson, Chairman, 3 Mr . Donald Marcum, 4 Mr . Danny Williams, 5 Mr . Rusty Hyett . 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, 12 Mr . Pete Ratos, Building Code Official . 13 ' 14 15 16 17 18 19 20 21 22 23 24 Vitosh Deporting Service 815. 993 . 2832 cms .vitosh@gmail. com PZC - August 14, 2019 - Public Hearing 3 1 WHEREUPON, the following 2 proceedings were had in 3 public hearing : ) 4 CHAIRMAN OLSON : There are two public 5 hearings scheduled for tonight ' s Planning and 6 Zoning Commission meeting . 7 The purpose of this hearing is to 8 invite testimony from members of the public 9 , regarding the proposed request that is being 10 considered before the 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 the request being heard . 15 Those persons wishing to testify are 16 asked to speak clearly, one at a time, and state 17 your name and who you represent at the podium. 18 You are also asked to sign in at the podium, or I 19 saw the sign-in sheet going around already . 20 If you plan to speak tonight during 21 the public hearing as a petitioner or a member of 22 the public, please stand now, raise your right 23 hand, and repeat after me . 24 Witnesses sworn . ) itosh Reporting Service 815. 993.2832 cms .vitosh@gmail .com PZC - August 14, 2019 - Public Hearing 4 1 CHAIRMAN OLSON : Thank you . 2 The order for receiving testimony 3 tonight during the public hearing will be as 4 follows : First, the petitioner presentations ; 5 second, those who wish to speak in favor of the 6 request; and third, those who wish to speak in 7 opposition of the request . 8 May I please have a motion to open 9 the public hearing on Petition number PZC 10 2019-16, United City of Yorkville, International 11 Code Adoption, and PZC 2019-19, Lenny' s Gas N 12 Wash special use? 13 MR. WILLIAMS : Moved. 14 MR. HYETT : Second . 15 CHAIRMAN OLSON : Roll call vote on the 16 motion, please . 17 MS . YOUNG : Yes . Marcum. 18 MR. MARCUM: Yes . 19 MS . YOUNG : Olson . 20 CHAIRMAN OLSON: Yes . 21 MS . YOUNG : Williams . 22 MR. WILLIAMS : Yes . 23 MS . YOUNG : Hyett . 24 MR. HYETT : Yes . u)itosh Reporting Service 815. 993 .2832 cros.vitosh@gmail. com PZC - August 14, 2019 - Public Hearing 5 1 ' CHAIRMAN OLSON : Public hearings up for 2 discussion tonight are the following : PZC 3 ' 2019-16, United City of Yorkville, Kendall 4 County, Illinois, petitioner, is proposing to 5 amend Title 8, Chapter 2 , Building Codes of the 6 Municipal Code for the purpose of adoption of the 7 2019 International Code Council Series, inclusive 8 of -- it ' s a long list here -- the International 9 Fuel Gas Code, the International Plumbing Code, 10 International Mechanical Code, International I1 Property Maintenance Code, International Fire 12 Code, International Residential Code, 13 International Building Code, International 14 ; Existing Building Code, International -- I 'm 15 sorry, Illinois Energy Conservation Code, 16 International Swimming Pool and Spa Code, 2014 17 Illinois State Plumbing Code, Illinois State 18 Accessibility Code, and the 2017 National 19 Electric Code . 20 The second public hearing tonight is 21 PZC 2019-19, Leonard McEnery, I believe, on 22 behalf of the Lenny ' s Gas N Wash, LLC, 23 petitioner, has filed an application with the 24 United City of Yorkville, Kendall County, Uitosh Deporting Service 815. 993. 2832 cms.vitosh@gmail .com PZC - August 14, 2019 - Public Hearing 6 1 Illinois, requesting special use permit approval 2 for a gasoline service station with accessory 3 convenience store and ancillary car wash. 4 Additionally, the petitioner is 5 seeking sign variance approval to include the 6 maximum sign area for a monument sign in a 7 business district from 64 square feet to 8 107 square feet . 9 The property is zoned B-3, General 10 Business District, and is located at the Ill northeast corner of State Route 47 Waterpark Way 12intersection. 13 Mr . Ratos, would you please -- 14 MR. RATOS : Sure . 15 CHAIRMAN OLSON : -- present your memo 16 for PZC 2019-16, United City of Yorkville 17 ' International Code adoption? 18 MR. RATOS : Absolutely . We are looking 19 to update our International Building Code from 20 ; the 2009 we are currently on, 2018 building code 21 cycle, which incorporates all the codes Mr . Olson 22 ° stated. 23 In addition to that, we ' ve also made 24 amendments to the codes that keep it in spirit Uitosli Deporting Service 815. 993 .2832 cms .vitosh@gmail . com PZC - August 14, 2019 - Public Hearing 7 1 with our traditions in the area here and our 2 existing amendments, and also the amendments of 3 Kendall County, Oswego, Montgomery, other 4 communities that directly correlate with our 5 community . 6 During the preparation of this code 7 update, the City worked with the Building and 8 Fire Code Academy, which is one of the -- which 9 is the largest in Illinois outside consultant 10 firm for building code matters . 11 We also worked with code officials 12 from Oswego and the code official from Kendall 13 County, because of the ration out there both 14 updating the 2018 code, and we wanted to kind of 15 stay in lock step with them, where they ' re going 16 to be at . 17 The major amendment change made -- 18 we have requested be made to the code is the 19removal of fire sprinklers for residential 20 homes . 21 While this has been -- I can ' t say 22 it ' s -- the fire department is happy, the 23 Bristol-Kendall Fire Department is happy we have 24 ' amended this out, there are safeguards that are Vitosh Reporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - August 14, 2019 - Public Hearing 8 1 ' in the code now that if you were to remove that 2 standard, it increases the standard of 3 construction of houses to make them more fire 4 resistant and safer for first responders . 5 We would love to include it, but from what we ' ve found from voters and things , it 71 would push the price threshold of the homes in 811 the area to where they sold the building 9 exponentially, and also with the addition of the 1011 restrictions and requirements of new I construction, we kind of feel that it would 121 offset the not having fire suppression . 131 CHAIRMAN OLSON : Can you detail these? 141 MR. RATOS : Absolutely. When you don ' t 151, have fire suppression, it requires if you have 16 any engineered materials forming your floor 17 joists, in the basement you have the sheet, 3/4 18 inch structural sheet, fire retardant lines, or a 19 fire retardant membrane, one of those, 1 . 5 hour, 20 ; so drywall, fire tape, and that would be every 211 penetration, nothing is allowed through that, 22 because as we found in the past that these 23 engineered products tend to burn pretty fast and 24 , they maintain structural support until they put Uitosh Reporting Service 815. 993.2832 cms .vitosh@gmail .com PZC - August 14, 2019 - Public Hearing 9 1 any weight on them, so that would be part of 2 that . 3 Also, any structures built closer -- 4 if you don' t have fire suppression, if you ' re 5 closer to ten feet from the building line, you 6 would have to actually do the bottom -- the 7 course of your plywood would have to be 8 fire-rated plywood, so instead of -- It increases 9 ,, all those thresholds, where if your -- Currently 10 , right now in our code, if you were to build a 11home and be nine foot off the property line, you 121 could just put a standard window and standard 13 plywood. 14 In the new code, it would actually 15 require you ' d have to have fire-rated plywood on 16 the entire side of the building and your windows 17 would have to be tempered and also treated to 18 resist the damage, so maintaining that 19 hour-and-a-half barrier . 20 There is also a requirement for a 21 flame spread analysis of all the materials in the 22 house and the interior finishes, so if anyone is 23 familiar with the natural fiber wallpaper, that 24 burns very, very well, so in today ' s code, we VitosIi Deporting Service 815 . 993 . 2832 cms .vitosh@gmail .com PZC - August 14, 2019 - Public Hearing 10 1 ' don ' t have anything to address that . 2 If I go in a house and walk through 3 and it ' s got the natural, you won ' t -- it would 4 , burn very easily. 5 CHAIRMAN OLSON : If the fire is -- or if 6 the wallpaper is made of matchsticks? 7 MR. RATOS : Yeah . You know, bamboo 8 fiber is one of the more popular ones now, and in 9 the current code we address flame spread on a 101 commercial aspect, we don ' t discuss it on 11 residential . 12 This brings that entire discussion 13 to residential in this new code if you don ' t have 14 fire suppression, and on top of that, there is 15 also a smoke spread index and it drops your 16 amount of -- 17 : CHAIRMAN OLSON : I didn ' t know what that 18 smoke spread index was . 19 MR. RATOS : It basically says that a 20 material -- every material has -- it would have a 21 flame spread and smoke spread index, so if you 22 were to say, you know, burn a propylene carpet 23 type material, it would release X amount -- 24 ' CHAIRMAN OLSON : X amount of smoke? I vitosh Reporting Service 815. 993 .2832 cms .vitosh@gmail.com PZC - August 14, 2019 - Public Hearing 11 11 got you. 2 MR. RATOS : -- of cubic feet of smoke per however many yards of fabric you burn, and so 4 on a commercial building, for example, you will 5 ! see how a lot of times in hotels, you see the 6 ' carpet -- hotels and hospitals, you ' ll see the 7 carpet feels different on your feet and it looks 8 different, that ' s the side that ' s treated to not 9 have a high smoke spread. 10 ', CHAIRMAN OLSON : I got you . 111 MR. RATOS : It will smolder and die 12 instead of actually combust . Residential carpet, 13 it will just burn . 14 So for some reason if we get a 15i builder come in and they want to, you know, use 16 ,, that high-end wallpaper and super high-end plush 17I natural wool -- which does exist -- carpet, that 18 has a super high flame spread and smoke index, we 19 will say you can do it, but you ' re going to have 20 to fire suppress it, so we will not have 21 problems . 22 CHAIRMAN OLSON : So although we ' re not 23 going all the way with the sprinklers, this is a 24 significant upgrade to the fire suppression code . itoshgReportin Service 815. 993 .2832 cms.vitosh@gmail .com PZC - August 14, 2019 - Public Hearing 12 1 MR. RATOS : Yes . Yes . 2 CHAIRMAN OLSON: Okay . 3 MR. RATOS : Like I said, it ' s the -- 4 There is a lot of increased standards, and that ' s 5 one of the issues with the current one right now, 6 is they just assume that everyone would say okay, 7 fire sprinklers are the way to go, when we found 8 most communities are -- most communities around 9 the country have amended that portion out and 10 then pretty much left the code open for you can 11 do whatever you wanted, you can do whatever you 12 want as long as the code -- we amend it on fire 13 suppression, so we have different thresholds on 14 height and everything like that, and that was 15 assumed everyone would be fire suppressed. 16 This does not assume that at all . 17 If you amend it out, a whole new set of criterias 18 come in. 19 CHAIRMAN OLSON: Sure . Are there any 20 other highlights from the different International 21 Code books we are picking up? 22 MR. RATOS : You know, there ' s been a lot 23 of incremental changes over the years . We ' re 24 three code cycles behind right now. Uitosh Reporting Service 815. 993 .2832 cms .vitosh@gmail. com PZC - August 14, 2019 - Public Hearing 13 ll, CHAIRMAN OLSON: 2007 or whatever . 21 MR. RATOS : We are 2008 right now and we 3 are going to 2018 . 4 Another one of the big areas they 5address clearly in the modern code compared to 6111 the one we are on is solar and different types of 7 energy solutions . 8 For example, if you see houses and 9 the rear of the house, the entire rear of the 10 house, is covered with solar panels, that ' s not 11 '' going to -- that ' s not going to be allowed under 12 this new code section, not because of not wanting 131 people to generate their own energy, it ' s not 14 ! allowed because they have to allow at least three 15 !, feet from the outside edge of the roof for a 161 pathway for first responders, and they all have 171 to have a clear path to the center of the roof as 18 well . So it ' s just more of a design criteria . 191 What they found is that there is a 20 ! fire and firefighters were trying to get up to 21 the roof and there is nowhere to access the rear 22 of the property. 23 In more extreme cases where they put 24 up a 25-kilowatt system for the entire roof, they itosh Reporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - August 14, 2019 - Public Hearing 14 1 can ' t access it at all, so how do they get up 2I there and cut holes in the middle of the 3 structure? They ' re tearing off solar panels and 4 it doesn ' t work. 5 There also -- It also clearly 6 defines all the signage we need to have on all 7 the assorted components . It sounds silly to say, 8 but a really large red sticker on the disconnect 9 ! box up on the eave of the roof, can ' t look down 10 by where the electric panel is at . It can make 1111'; all the difference for smoke, and smoke is 12 flying, they' ve got their masks on, they might 131 pull a disconnect and it could be the wrong one, 14 assuming there ' s three or four right there . 151 They' re stickered now, but just a slower 16 disconnect . 17 In the new code it requires exact -- 18 the same stickers for everything, so that it ' s 19 universal . 20 MR. WILLIAMS : Question, Pete . Current 21 existing structures, those won ' t be grandfathered 22 in, correct? Those will have to be updated to 23 the code? 24 MR. RATOS : No, those will stay the way Uitosh Deporting Service 815. 993 .2832 cms.vitosh@gmail .com PZC - August 14, 2019 - Public Hearing 15 1 they are . 2 MR. WILLIAMS : Oh, okay. Because I know 3 there could be a number where solar panels just 4 cover the whole back of the roof, so I just 5 wanted to see if that would be -- 6 MR . RATOS : Those will all be -- those 7 are all grandfathered in as of now. The only way 8 , they would have to come to code is if you were 9 to -- basically have to remodel 51 percent or 10 ' greater of the structure, and then even that is 11 , subject to -- the aspect of the code also says 12 structure by level, so if you were to say if you 13 had a -- God forbid something happened to the 14 rear of your house, you would have to come up 15 ' with 51 percent of the structure, first floor 16 ranch is gone, we are not to going make you 17 update the entire basement to code as well 18 because that ' s not the same level . 19 MR. WILLIAMS : Gotcha . Thank you . 20 CHAIRMAN OLSON : Anything else, Pete? 21 MR. RATOS : Just one more thing is 22 Property Maintenance Code, we have adjusted that 23 , a little bit, and the biggest section we have 24 added is dead trees . Vitos/i Deporting Service 815. 993 .2832 cms .vitosh@gmail .com PZC - August 14, 2019 - Public Hearing 16 1 Right now we currently have 2 restrictions and ability to issue fines and 3 citations or citations to bring a hearing for 4 emerald ash borer and ash or elm trees . 5 You have a new section about trees 6 in the Property Maintenance Code because we found 71 that as time goes on, we all know different types 8 of arbor diseases and things affect trees, oak 9 blight, the blaze, the disease is that ' s hitting 10 a lot of the varieties now, it ends up leaving a 11 ', lot of dead trees in the community. 12 While we understand that it ' s not -- 3 it ' s expensive to remove the trees, we would like 14 to be able to have a way, a mechanism, to try to 15 get enforcement on that because even though it ' s 16on your property, your property abuts a neighbor, 17 neighbor ' s house has little kids running around, 18 some of these trees can be in excess of 100, 19 150 feet height . If they fall, they' re not 20necessarily going to fall on your own property. 21 CHAIRMAN OLSON : Is there anyone -- 22I Anything else? 23 MR. RATOS : That ' s fine . 24 CHAIRMAN OLSON: Thank you. Is there Vitosh Reporting Service 815. 993.2832 cms.vitosh@gmail.com PZC - August 14, 2019 - Public Hearing 17 1 anyone who wishes to speak in favor of their 2 request tonight? 3 No response . ) 4 CHAIRMAN OLSON : Is there anyone who 5 wishes to speak in opposition of their request 6 tonight? 7 No response . ) 8 CHAIRMAN OLSON : Is there any other 9 questions for Pete right now? 10 No response . ) 11 CHAIRMAN OLSON : All right . Is the 12 petitioner for PZC 2019-19 present and prepared 13 to make their presentation of the proposed 14 request? 15 LYMAN TIEMAN, 16 , having been first duly sworn, testified from the 17 podium as follows : 18 MR. TIEMAN : Good evening, my name is 19 Lyman Tieman . I am the attorney for Len McEnery, 20 and Len is the sole member and manager of Lenny ' s 21 Gas N Wash Yorkville, LLC, that was set up 22 specifically for the purpose of acquiring 23 5 . 04 acres of property on the northeast corner of 24 Waterpark Way and Route 47 . iitosh Deporting Service 815. 993 .2832 cms.vitosh@gmail. com PZC - August 14, 2019 - Public Hearing 18 11 The property that we are 2 acquiring -- We are under contract currently. 3 , The property that we are acquiring is from the 4 Betty O' Keefe Limited Family Partnership, which 5 is the owner of the entire tract, which is 6 currently 72 acres . 7 What we ' re looking to do -- We filed 8 several applications with Yorkville . What we ' re 9 looking to do is come in and obtain a special use 10111 permit from the City of Yorkville to allow for a 11 : gas station, convenience store, car wash, to 12 operate on that corner . 13 , We ' ve also filed a petition for a 141 plat of subdivision to take the piece of 15 property that we are acquiring, break that into 16 two lots . 17 ' Lot 1 would be our property at 18 5 . 04 acres, Lot 2 would be a right-of-way 19 ' dedication, 55 feet, to the Illinois Department 201 of Transportation that fronts on 47, and we have 21 made an application for a sign variance, not to 22 vary the height or anything of that nature, but 23 to vary the square footage of the sign from 24 64 feet to I think it ' s 107 square feet because UitoshRep gortin Service 815. 993 . 2832 cms .vitosh@gmail.com PZC - August 14, 2019 - Public Hearing 19 1 of the setback from the corner to allow a little 2 bit more readable in light of the fact that there 3 will be a 55-foot dedication to the Illinois 4 Department of Transportation, and to provide 5 ' adequate area on the monument sign to allow for 6 the E85 fueling as well as the diesel fueling and 7 the car fueling and any other advertisements that 8 we have for the operation within the convenience 9 store . 10 ' The convenience store would be 11 7 , 000 square feet . We are intending to have two 12 food vendors within the convenience store . One 13 is for certain, which is Dunkin Donuts ; the other 14 one is still kind of up in the air, somewhere 15 between a Pop ' s roast beef and a taco facility 16 within the convenient store . 17 We have segregated the car fueling 18 more in the front of the property from the diesel 19 ' fueling, more off to the side and rear of the 20 property . 21 ' We are currently in contact with the 22 Illinois Department of Transportation to obtain 23 : approval for a right-in/right-out on 47 . 24 You know, we ' ve met with Krysti, Vitosh Deporting Service 815. 993 . 2832 cros .vitosh@gmail. com PZC - August 14, 2019 - Public Hearing 20 1 we ' ve met with Jason, we ' ve met with the Economic 2 Development Committee, and we ' ve gone through the 3 stages up until now. 4 , We have attempted all throughout the 5 course of the process to refine our site plan to 6 bring it into compliance with signage and 7 landscaping and other requirements, setbacks, 8 other bulk requirements of the City of Yorkville . 9 I have with me tonight, if you have 10 any specific questions, or they can give you a 11 presentation, but I ' ve brought with me this 121 evening Kevin McEnery, who is the brother of the 13 owner, Len McEnery, and he is representing 14 ownership . 15 We also have Brian Hertz, who is our 16 civil engineer from MG2A & Associates in 17 Manhattan . We also have Scott Pritchett with 18 Arsa Associates, who is our architect on the 19 project, and we have Greg Galgan, who is going to 20 lead up the construction phase of the project . 21 If we are able to move this project 22 forward, we would like to be in a position to 23 break ground and begin construction immediately 24 after approval by the City Council, hopefully to Uitosh Deporting Service 815. 993 .2832 cms .vitosh@gmail.com PZC - August 14, 2019 - Public Hearing 21 1 get far enough along so that we don ' t get held 2 back by the winter weather that I think we ' re all 3going to see at some point in time . 4 We are hoping to close on the 5 property somewhere around the 13th or the 15th of 6 September and begin construction immediately, 7 unless the seller would give us permission to 8 begin construction a little bit early, and we ' re working on that right now, trying to make contact 10 with the seller to accomplish that . 11 We think this will be a good project 12 for the City. It ' s certainly I think compatible 13 with what exists there currently . We ' ve got the 14 waterpark basically to the east and parking lot 15 for the waterpark to the south of us . 16 '. Our property is currently zoned B-3, 17 the 72 acres is zoned B-3 . The property to the 18 ; east and south of us -- properties to the east 19 and south -- east and south are currently zoned 20 B-3, and the property across 47 is zoned R-4 , 21 which my understanding is that was zoned a while 22 back for a residential subdivision that so far 23 really hasn ' t taken root . 24 So we believe that we ' re going to be Vitosh Deporting Service 815. 993 . 2832 cros.vitosh@gmail. com PZC - August 14, 2019 - Public Hearing 22 1 compatible with all of the existing zoning and 2 potential future uses in the area, and we are 3 excited. We want to be in the City of Yorkville 4 and we want to move this project forward as 5 quickly as we can . 6 If you have any questions, we ' d be 7 happy to address them. 8 CHAIRMAN OLSON : We ' ll get through the 9 questions and comments and I ' ll probably circle 10 back for additional questions once we get back to 11 talk about that . 12 Is there anyone present who wishes 13 to speak in favor of the request? Please state 14 ' your name . 15 LYNN DUBAJIC, 16 having been first duly sworn, testified from the 17 podium as follows : 18 ;, MS . DUBAJIC: I 'm Lynn Dubajic and I am 19 Economic Development Coordinator for the City of 20 Yorkville . 21 I ' ve had the pleasure of working 22 ' with this team for a number of months now and I 23 just wanted to give you a couple highlights on 24 the project from my perspective, from an economic Iiitosh Deporting Service 815. 993 . 2832 cms .vitosh@gmail.com PZC - August 14, 2019 - Public Hearing 23 1 development perspective . 2 This is a great project for our 3 community. It creates somewhere around 40 jobs 4 and it is a need in the area . 5 We understand that many people -- 6 with the proximity to the waterpark, many people 7leave our waterpark, leave Yorkville, go north on 8 47 and need to get supplies or put gas in their 9 , car and they leave our community and they drive 10 ' outside of our community to make these 11 transactions . 12 It ' s an area that was identified a 13 while ago and brought to our attention, my 14 , attention, as a high priority to attract 15 something like this, so it was a priority for our 16community. 17 Also, originally you may remember 18 this company had been working with them at a 19property on 34 . At that time they were going to 20 do a convenience -- a C store that was only at 21 4800 square feet, and this one is now 22 7, 000 square feet, so there is much more that 23 they are bringing to this site . It allows them 24 to be able to do so, so -- Vitosh Deporting Service 815. 993 . 2832 cms.vitosh@gmail . com PZC - August 14, 2019 - Public Hearing 24 1 CHAIRMAN OLSON : For reference, 2 7, 000 square feet is like half the size of a 3 Walgreens, so -- 4 MS . DUBAJIC : Yes . 5 CHAIRMAN OLSON : -- it ' s a nice sized 6 building . 7 MS . DUBAJIC: It ' s a very nice sized 81 building . And adding, you know, not only the 9 Dunkin Donuts, but the other food choice is a 10 nice food amenity near the waterpark. 11 ' The other thing that I wanted to 12 mention is the remainder of that property that is 13 : owned by the O' Keefe family is still very large, 14 and we are also very hopeful -- I talked with the 15 O ' Keefe family today. 16 ' We are also very hopeful that this 17 will act as another catalyst to maybe get some 18 other things happening up there, so very key to 19 future planning, and I 'm very excited about the 20 project as well . 21 And also, I know that they spoke 22 about getting started very quickly because they 23 . want toget started before the weather gets cold 24 and unable to work, and it is their goal to Uitosh Reporting Service 815. 993 . 2832 cms .vitosh@gmail.com PZC - August 14, 2019 - Public Hearing 25 1 actuallyopenin the spring and be open before 2 the waterpark opens next May, so -- which will be 3 a wonderful thing because it will allow that to 4 be seamless, so when the waterpark opens, it will 5 be there and operational . 6 Thank you . 7 CHAIRMAN OLSON : Thank you. Does anyone 8 else wish to speak in favor of the request? 9 No response . ) 101, CHAIRMAN OLSON : Does anyone wish to 11 ' speak in opposition to the request? 12 No response . ) 13 CHAIRMAN OLSON : Seeing as -- Well, 14 actually, are there any other questions from the 151 commissioners right now? Otherwise, we can go 161 over it -- Okay. 17 MR. MARCUM: You ' ve got this letter from 18 the landscape guy who apparently didn ' t like the 191 original plan . Has that all been taken care of? 20 MR. ENGBERG: Oh, the landscape plan, 21 yeah, it ' s -- everything will be a condition of 22 the special use . Any comments within the 23 landscape plan or EEI will be part of the special 24 use to rectify that situation before anything Vitosh Deporting Service 815. 993 .2832 cms.vitosh@gmail . com PZC - August 14, 2019 - Public Hearing 26 1 gets going. 2 MR. MARCUM: Yeah, because I picked up 3 he didn ' t like it . 4 MR. ENGBERG: Yes . 5 MR. MARCUM: The original plan . I am 6 very astute that way. 7 MR. ENGBERG: Yes . 8 MR. MARCUM: And the driveway turning 9 radius has been taken care of and the lighting 10 has been -- 11 MR. ENGBERG: So the original plans that 12 were brought in during plan council have been 13 adapted and changed to the most current version 14 that are attached . The driveway has been moved 15 back, some of the landscaping they are changing . 16 ! At the Economic Development 17 Committee some other comments were made about the 18 landscaping along 47 that they added in, just 19 that strip, that 55-foot strip, they had some 20 , trees in there . 21 A comment was made that those are 22 going to get ripped out when IDOT takes over, 23 could you try and get them onto your property on 24 that front, so we ' re not just putting in trees itosh Deporting Service 815. 993 .2832 cms.vitosh@gmail.com PZC - August 14, 2019 - Public Hearing 27 1 and ripping them out, so those comments will be 2 all conditional on the special use . 3 CHAIRMAN OLSON : All right . It is a 4 special use, we need to -- okay. 5 Would the petitioner like to have 6 , your responses to the standards which you 7 submitted previously entered in the public 8 record? 9 MR. TIEMAN : No . 10 MS . NOBLE : We would recommend that you 11 enter your responses to the standards for special 12 use into the record. 13 MR. LYMAN : Oh, I 'm sorry. I 'm sorry, I 14 ' misunderstood. Yes, we would ask that you adopt 15 the standards that we had indicated with our 16 application for special use . 17 MS . NOBLE : Thank you . 18 CHAIRMAN OLSON : Okay . Thank you . All 19 right . 20 Since all public testimony regarding 21 these petitions has been taken, may I have a 22 motion to close the taking of testimony in this 23 public hearing, please? 24 MR. MARCUM: So moved. liitosh Reporting Service 815. 993.2832 cros.vitosh@gmail.com PZC - August 14, 2019 - Public Hearing 28 1 MR. WILLIAMS : Second . 2 CHAIRMAN OLSON : Roll call vote on the 3 motion, please . 4 MS . YOUNG : Yes . Olson. 5 CHAIRMAN OLSON : Yes . 6 MS . YOUNG: Williams . 7MR. WILLIAMS : Yes . 8 MS . YOUNG: Hyett . 9 MR. HYETT : Yes . 10 MS . YOUNG: Marcum. 11 MR. MARCUM: Yes . 12 CHAIRMAN OLSON: The public hearing 13 ' portion in tonight ' s meeting is closed. 14 Which were all the 15 , proceedings had in the 16 , public hearing portion 17 of the meeting . ) 18 oOo--- 19 20 21 22 23 24 , T)itosh Reporting Service 815. 993 .2832 cros .vitosh@gmail .com PZC - August 14, 2019 - Public Hearing 29 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 29, 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 28th day of August, A. D. , 2019 . 18 19 20 Christine M. Vitosh, CSR Illinois CSR No . 084-002883 21 22 23 , 24 Vitosh Deporting Service 815. 993 .2832 cms.vitosh@gmail .com 30 0 6 aforesaid[1]-29:9 B C ago[t]-23:13 air(1]-19:14 084-002883[1]-29:20 64[2]-6:7,18:24 allow[5]-13:14, B-3[4]-6:9,21:16, car[5]-6:3,18:11, 18:10,19:1, 19:5,21:17,21:20 19:7,19:17,23:9 1 7 25:3 bamboo(t]-10:7 care[21-25:19,26:9 allowed p]-8:21,Barksdale[t]-2:8 carpet[5]-10:22, 13:11, 13:14 Barksdale-Noble[1]- 11:6,11:7, 11:12, 1[2]-18:17,29:6 7,000[3]-19:11, 2:8 11:17 1.5[11-8:19 23:22,24:2 allows[1i-23:23 ALSO[1]-2:7 barrier[1]-9:19 cases[1]-13:23 100[11 16:18 72[z] 18:6,21:17 basement[2i 8:17, catalyst[1]-24:17 107[z]-6:8,18:24 7:00[1]-1:22 amend[3]-5:5, 13th(1i-21:5 12:12,12:17 15:17 center[1]-13:17 14[11-1:21 8 amended[2]-7:24, beef[1]-19:15 certain[1]-19:13 150[1]-16:19 12:9 begin p]-20:23, certainly[1]-21:12 amendment(t]-7:17 21:6,21:8 certificate[t]-29:10 15th[t]-21:5 8[t]-5:5 amendments[3]-behalf[1]-5:22 certification(11- 2 800[11-1:16 6:24,7:2 behind[1]-12:24 29:16 amenity[1]-24:10 Betty[1]-18:4 Certified[1]-29:3 A amount[3]-10:16, between[1]-19:15 certified[1]-29:12 2[2]-5:5,18:18 10:23,10:24 big[1]-13:4 certify[2]-29:4, 2007[1]-13:1 analysis[1]-9:21 biggest[1]-15:23 29:10 2008[1]-13:2 A.D(11-29:17 ancillary(11-6:3 bit[31-15:23, 19:2, Chairman[t]-2:2 ability(t]-16:2 21:8 CHAIRMAN[32]-3:4,2009[1]-6:20 able[3]-16:14,20:21, AND[t]-1:9 2014[1]-5:16 annexed[1]-29:10 blaze[1]-16:9 4:1,4:15,4:20,5:1, 23:24 pp2017[t]-5:18 application[3]-5:23, blight9 [1 16:9 6:15,8:13,10:5, 2018[3]-6:20,7:14, absolutely[2]-6:18, 18:21,27:16 books[t]-12:21 10:17,10:24,11:10, 8:14 13:3 applications[t]-18:8 borer[1]-16:4 11:22,12:2,12:19, 2019[3]-1:21,5:7, abuts[ti-16:16 applies[1]-29:11 bottom[1]-9:6 13:1,15:20,16:21, 29:17 Academy[t]-7:8 approval[4]-6:1,6:5, box[1]-14:9 16:24,17:4,17:8, access[2]-13:21, 17:11,22:8,24:1,2019-16[3]-4:10,5:3, 19:23,20:24 break[z]-18:15, 14:1 24:5,25:7,25:10,6:16 arbor[1]-16:8 20:23 1-2019-19[3]-4:11, architect[1]-20:18 Brian 25:13,27:3,27:18,Accessibility[1 t]-20:15 5:21,17:12 5:18 area[m]-6:6,7:1,8:8, bring[2]-16:3,20:6 28:2,28:5,28:12 25-kilowatt[1]-13:24 accessory[1]-6:2 19:5,22:2,23:4,bringing[1]-23:23 change(1]-7:17 28th[1]-29:17 accomplish[1]- 23:12 brings[t]-10:12 changed(1]-26:13 29[1]-29:7 21:10 areas[1]-13:4 Bristol[11-7:23 changes[1]-12:23 accuracy(1]-29:14 Arsa[ti-20:18 Bristol-Kendall[1]- changing[1]-26:15 3 acquiring(4)-17:22, ash[2]-16:4 7:23 Chapter(1)-5:5 18:2,18:3, 18:15 aspect[2]-1010,brother(1]-20:12 choice[1]-24:9 acres[4]-17:23, 18:6, 15:11 brought[3]-20:11, Christine[2]-29:3, 314 0]-8:17 18:18,21:17 Associates[2]-23:13,26:12 29:20 34[1]-23:19 act[t]-24:17 20:16,20:18 build[1]-9:10 circle[t]-22:9 adapted[t]-26:13 assorted[1]-14:7 builder[1]-11:15 citations[2]-16:3 4 added[2]-15:24, assume[3]-12:6,Building[6]-2:12, City(11]-4:10,5:3, 26:18 12:16,29:13 5:5,5:13,5:14,6:19, 5:24,6:16,7:7, adding[t]-24:8 assumed[1]-12:15 7:7 18:10,20:8,20:24, 40[1]-23:3 addition[2]-6:23,8:9 47[7]-6:11, 17:24, assuming[1]-14:14 building[8]-6:20, 21:12,22:3,22:19 additional[t]-22:10 astute[1]-26:6 7:10,8:8,9:5,9:16, CITY(t]-1:5 18:20,19:23,21:20, additionally[1]-6:4 11:4,24:6,24:8 civil[ti-20:1623:8,26:18 attached[1]-26:14 address[4]-10:1, attemptedbuilt(1)-9:3 clear[1]-13:17 4800[11 23:21 1i-20:4 10:9,13:5,22:7 bulk[t]-20:8 clearly[3]-3:16, 13:5, adequate[1]-19:5 attention[z]-23:13, 5 adjusted[1]-15:22 23:14 burn[5]-8:23,10:4,14:5 attorney(t]-17:19 10:22,11:3, 11:13 close[2]-21:4,27:22 adopt(11-27:14 attract(1i-23:14 burns[1]-9:24 closed[1]-28:13 5.04[2]-17:23, 18:18 Adoption pi-4:11 audio[1]-29:5 business[1]-6:7 closer[2]-9:3,9:5 51[2]-15:9,15:15 adoption[2] 5:6,August[2]-1:21, Business[t]-6:10 code[24]-6:20,7:6, 55[1]-18:19 6:17 29:17 7:10,7:11,7:12, 55-foot[2]-19:3, advertisements[1]- 7:14,7:18,8:1,9:10, 26:19 19:7 9:14,9:24, 10:9, affect[1]-16:8 10:13,11:24, 12:10, vitosh deporting Service 815. 993 .2832 cros.vitosh@gmail .com 31 1 12:12, 12:24,13:5, Coordinator(Di- 14:13, 14:16 10:12,13:9,13:24, 22:16 13:12,14:17,14:23, 22:19 discuss[i]-10:10 15:17,18:5 flame[41-9:21,10:9, 15:8, 15:11,15:17 copies(2]-29:12,discussion[2]-5:2, evening(2]-17:18,10:21,11:18 Code[23]-2:12,4:11, 29:14 10:12 20:12 floor[2]-8:16,15:15 5:6,5:7,5:9,5:10, corner(4]-6:11, disease[1]-16:9 exact[D]-14:17 flying(D]-14:12 5:11,5:12,5:13, 17:23, 18:12, 19:1 diseases[i]-16:8 example[2]-11:4, following[2]-3:1,5:2 5:14,5:15,5:16,correct[2]-14:22,district 01-6:7 13:8 follows[3]-4:4, 5:17,5:18,5:19, 29:7 District(q-6:10 excess[p1-16:18 17:17,22:17 6:17,6:19,7:8, correlate[1]-7:4 Donald[p]-2:3 excited[2]-22:3, food[3]-19:12,24:9, 12:21,15:22,16:6 Council[2]-5:7, Donuts(z]-19:13, 24:19 24:10 Codes[t]-5:5 20:24 24:9 exist[i1-11:17 foot[q-9:11 codes[2]-6:21,6:24 council[p]-26:12 down[1]-14:9 existing[3]-7:2, footage[p]-18:23 cold[p]-24:23 country[i]-12:9 drive[i]-23:9 14:21,22:1 forbid[i1-15:13 combust[D]-11:12 COUNTY[p]-29:2 driveway[2]-26:8, Existing[1]-5:14 foregoing[1]-29:6 comment[i]-26:21 County[4]-5:4,5:24, 26:14 exists[1]-21:13 forming[11-8:16 comments(4]-22:9, 7:3,7:13 drops[q-10:15 expensive[p]-16:13 forward[2]-20:22, 25:22,26:17,27:1 couple[1]-22:23 drywall[1]-8:20 exponentially[11-8:9 22:4 commercial[z]- course(2]-9:7,20:5 DUBAJIC[4]-22:15, extreme(D1-13:23 four[D]-14:14 10:10,11:4 cover[D]-15:4 22:18,24:4,24:7 front[2]-19:18,26:24 COMMISSION[i]- covered(i1-13:10 Dubajlc[q-22:18 F fronts[11-18:20 1:9 creates[i]-23:3 duly[2]-17:16,22:16 Fuel(q-5:9 Commission[21-3:6, criteria(p]-13:18 Dunkin[2]-19:13, fueling[51-19:6,3:10fabric[11-11:3criterias11-12:17 24:9 facility 19:7,19:17,19:19 commissioners Di- CSR[2]-29:20,29:20 during[4]-3:20,4:3, ty l l-19:15 future[21-22:2,24:19 25:15 t]-19:2 cubic[1]-11:2 7:6,26:12 fact Committee[2]-20:2, current[4]-10:9, fall[2]-16:19,16:20 G 26:17 12:5,14:20,26:13 E familiar(p]-9:23 communities[3]-7:4, cut[1]-14:2 family[2]-24:13, 12:8cycle(i1-6:21 24:15 Galgan[i]-20:19 Community[Di-2:8 cycles[a]-12:24 E85[i]-19:6 Family[11-18:4 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pi-16:4 fine[D]-16:23 greater[1]-15:10 conditional[1]-27:2 detail(q-8:13 end[2]-11:16 fines[1]-16:2 Greg[p]-20:19 Conservation[q-development[i1-ends[p]-16:10 finishes[i]-9:22 ground(i]-20:23 5:15 23:1 Energy(i]-5:15 Fire(3]-5:11,7:8,guy(D]-25:18 considered[1]-3:10 Development[4]-energy[2]-13:7, 7:23 construction(s1-8:3, 2:9,20:2,22:19, 13:13 fire[1s]-7:19,7:22, H 8:11,20:20,20:23, 26:16 enforcement(D1- 8:3,8:12,8:15,8:18, 21:6,21:8 diem-11:11 16:15 8:19,8:20,9:4,9:8, consultant[1]-7:9 diesel[21-19:6,19:18 Engberg[i]-2:10 9:15,10:5,10:14, half(21-9:19,24:2 contact[2]-19:21, difference(p]-14:11 ENGBERG[41-25:20, 11:20,11:24, 12:7, hand 131-3:23,29:13, 21:9 different[6]-11:7, 26:4,26:7,26:11 12:12,12:15, 13:20 29:17 contract Di-18:2 11:8,12:13,12:20, engineer(q-20:16 fire-rated[2]-9:8,happy[3]-7:22,7:23, control[D]-29:15 13:6,16:7 engineered[2]-8:16, 9:15 22:7 convenience[6]-6:3, direction(D]-29:15 8:23 firefighters[p]-13:20 heard[i]-3:14 18:11,19:8,19:10, directly[D]-7:4 enter(]-27:11 firm[i]-7:10 HEARING[i]-1:10 19:12,23:20 Director(i]-2:9 entered[i]-27:7 first[6]-4:4,8:4, hearing poi-3:3,3:7, convenient(1]-19:16 disconnect 131-14:8, entire(s]-9:16, 13:16, 15:15,17:16, 3:21,4:3,4:9,5:20, Vitosh Reporting Service 815. 993 .2832 cros .vitosh@gmail . com 32 16:3,27:23,28:12, incremental(i]- level[2]-15:12, 15:18 middle[1]-14:2 NOBLE[2]-27:10, 28:16 12:23 light[q-19:2 might 0]-14:12 27:17 hearings[2]-3:5,5:1 index[4]-10:15, lighting[1]-26:9 Minute[p]-2:11 north[1]-23:7 height[3]-12:14, 10:18, 10:21, 11:18 Limited[1]-18:4 misunderstood[pi- northeast[2]-6:11, 16:19, 18:22 indicated[1]-27:15 line[2]-9:5,9:11 27:14 17:23 held[i1-21:1 Instead[21-9:8, lines[1]-8:18 modern[i]-13:5 nothing[1]-8:21 hereby[1]-29:4 11:12 list[1]-5:8 Montgomery[1]-7:3 nowhere[1]-13:21 hereto[q-29:11 Intending[1]-19:11 LLC[2]-5:22,17:21 months(i]-22:22 number[3]-4:9,15:3, hereunto[1]-29:16 Interior[1]-9:22 located[1]-6:10 monument[2]-6:6,22:22 Hertz[1]-20:15 International[15]-lock 0]-7:15 19:5 high[5]-11:9, 11:16, 4:10,5:7,5:8,5:9, look 01-14:9 most[3]-12:8,26:13 0 11:18,23:14 5:10,5:11,5:12,looking[3]-6:18, motion(4]-4:8,416, high-end[2]-11:16 5:13,5:14,5:16, 18:7,18:9 27:22,28:3 highlights[2]-12:20, 6:17,6:19,12:20 looks[1]-11:7 move[2]-20:21,22:4 O'Keefe[3] 18:4, 22:23 intersection[1]-6:12 love[i]-8:5 moved[3]-4:13, 24:13,24:15 hitting[1]-16:9 invite[1]-3:8 LYMAN[2]-17:15, 26:14,27:24 oak[i]-16:8 holes[t]-14:2 Issue 0]-16:2 27:13 MR[39]-4:13,4:14, obtain[2]-18:9, home 111-9:11 issues[1]-12:5 19:22Lyman(]-17:19 4:18,4:22,4:24, OF[3]-1:5,29:1,29:2homes[2]-7:20,8:7 LYNN[11-22:15 6:14,6:18,8:14, hopeful[2]-24:14, official(i]-7:12PJLynn(]-22:18 10:7,10:19,11:2, 24:16 11:11,12:1,12:3, Official 0]-2:12 hopefully[1]-20:24 M 12:22, 13:2,14:20, officials[1]-7:11 hoping pi-21:4 Jason[z]-2:10,20:1 14:24, 15:2, 15:6, offset[1]-8:12 hospitals[1]-11:6 Jeff[1]-2:2 15:19,15:21,16:23, Olson[4]-2:2,4:19, hotels[z]-11:5, 11:6 jobs[i]-23:3 maintain[1]-8:24 17:18,25:17,25:20, 6:21,28:4 hour[2]-8:19,9:19 joists[0]-8:17 maintaining[1]-9:18 26:2,26:4,26:5,OLSON[32]-3:4,4:1, Maintenance[3]- 26:7,26:8,26:11,4:15,4:20,5:1,6:15,hour-and-a-half[q- 9:19 K 5:11,15:22, 16:6 27:9,27:13,27:24, 8:13,10:5,10:17, major -ma 7:17 28:1,28:7,28:9, 10:24,11:10, 11:22,house[5]-9:22, 10:2, 13:9,13:10,15:14, keep[] 6:24 manager(]-17:20 28:11 12:2,12:19,13:1, Manhattan(i]-20:17 MS 15:20, 16:21, 16:24,i3]-4:17,4:19,16:17 Kendall[5]-5:3,5:24, 17:4,17:8,17:11,houses[2]-8:3,13:8 7:3,7:12,7:23 MARCUM[7]-4:18,4:21,4:23,22:18, 25:17,26:2,26:5,24:4,24:7,27:10,22:8,24:1,24:5,Hyett[3]-2:5,4:23, Kevin[1]-20:12 25:7,25:10,25:13,28:8 key(q-24:18 26:8,27:24,28:11 27:17,28:4,28:6, Marcum 27:3,27:18,28:2,HYETT[3]-4:14, kids p]-16:17 31-2:3, 28:8,28:10 28:5,28:124:24,28:9 kind[3]-7:14,8:11, 4:17,28:10 Municipal]0]-5:6 Marlys[0]-2:11 once[1]-22:10 19:14Imasks(i]-14:12 N one[13]-3:16,7:8, Krysti[zl-2:8,19:24 matchsticks[i]-10:6 8:19,10:8,12:5, material[3]-10:20, 13:4,13:6,14:13, identified[1]-23:12 L 10:23 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26:5,26:11,29:11 29:7 Len[3]-17:19,17:20, members[i]-3:8 14:17,16:5 originally[1]-23:17 incorporates[1[- next( 11-8:19 next[1]-25:2 Oswego[2]-7:3,7:1220:13 6:21nice[3]-24:5,24:7, otherwise[1]-25:15Lenny's(3]-4:11,memo 0]-6:15 increased[1]-12:4 5:22,17:20 mention[1]-24:12 24:10 outside[3]-7:9, increases[2]-8:2,Leonard[1]-5:21 met[3]-19:24,20:1 nine[i]-9:11 13:15,23:10 9:8letter[i]-25:17 MG2A(i]-20:16 Noble[1]-2:8 own[21-13:13,16:20 Tiitosh Reporting Service 815. 993 .2832 cros.vitosh@gmail .com 33 owned[1]-24:13 3:18,17:17,22:17 put[4]-8:24,9:12, 20:13 second[4]-4:5,4:14, owner[2]-18:5, point[1]-21:3 13:23,23:8 reproduced[1]- 5:20,28:1 20:13 Pool[1]-5:16 putting[1]-26:24 29:14 section[3]-13:12, ownership[1]-20:14 Pop's[1]-19:15 PZC[6]-4:9,4:11,request[11]-3:9, 15:23, 16:5 popular 0]-10:8 5:2,5:21,6:16, 3:13,3:14,4:6,4:7, see[s]-11:5,11:6, P portion[3]-12:9, 17:12 17:2,17:5,17:14, 13:8,15:5,21:3 28:13,28:16 22:13,25:8,25:11 Seeing[1]-25:13 position[1]-20:22 Q requested[1]-7:18 seeking[1]-6:5p.m[1]-1:22 potential[1]-22:2 requesting[1]-6:1 segregated[1]-19:17 Pages[1]-29:6 preparation[1]-7:6 require[1]-9:15 seller[2]-21:7,21:10 panel[1]-14:10 prepared[1]-17:12 questions[7]-3:13, requirement[1]-9:20 Senior[1]-2:10 panels[3]-13:10, present[a]-3:12, 17:9,20:10,22:6, requirements[3]-September[1]-21:614:3, 15:3 6:15,17:12,22:12 22:9,22:10,25:14 8:10,20:7,20:8 Series[1]-5:7 parking[1]-21:14 PRESENT[2]-2:1, quickly[2]-22:5, part[2]-9:1,25:23 24:22 requires[2]-8:15,service[1]-6:2 2:7 14:17 set[3]-12:17, 17:21, Partnership[1]-18:4 presentation[z]- Residential[1]-5:12 29:16 past[1]-8:22 17:13,20:11 R residential[5]-7:19, setback[1]-19:1 path[1]-13:17 presentations[1]- 10:11, 10:13,11:12, setbacks[1]-20:7 pathway[1]-13:16 penetration[1]- 4:4 R-4[1]-21:20 21:22 several[1]-18:8 penetr ti- [1] 8:21 Pretty[2]-8:23, 12:10 radius[1]-26:9 resist[1]-9:18 sheet[3]-3:19,8:17, people 23:6 previously[1]-27:7 raise[1]-3:22 resistant[1]-8:4 8:18 price[1]-8:7 ranch[1]-15:16 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situation[1]-25:24 petitioner[a]-3:13, Property[3]-5:11, reason 01-11:14 19:23 size[1]-24:2 3:21,4:4,5:4,5:23, 15:22,16:6 receiving[1]-4:2 right-of-way[1]- sized[2]-24:5,24:76:4,17:12,27:5 property[20]-6:9,recommend[1]- 18:18 slower[1]-14:15 petitions[1]-27:21 9:11,13:22,16:16, ripped[1]-26:22 phase[1]-20:20 27:10 smoke[s]-10:15, 16:20, 17:23,18:1, record[2]-27:8, ripping[1]-27:1 10:18,10:21, 10:24, picked[1]-26:2 18:3,18:15,18:17, Road[1]-1:16 picking[1]-12:21 27:12 11:2,11:9,11:18, 19:18,19:20,21:5, recording[1]-29:5 roast[1]-19:15 14:11 piece[1]-18:14 21:16,21:17,21:20, roll[2]-4:15,28:2rectify[1]-25:24 smolder[1]-11:11 place[1]-29:9 23:19,24:12,26:23 red[1]-14:8 roof[6]-13:15, 13:17, solar[4]-13:6, 13:10, plan[7]-3:20,20:5, proposed[2]-3:9, 13:21,13:24, 14:9,reference[1]-24:1 14:3,15:3 25:19,25:20,25:23, 17:13 refine[1]-20:5 15:4 sold[1]-8:8 26:5,26:12 proposing[1]-5:4 regarding[3]-3:9, root[1]-21:23 sole[1]-17:20 Planner[1]-2:10 propylene[1]-10:22 3:14,27:20 Route[2]-6:11,17:24 solutions[1]-13:7 Planning[1]-3:5 provide[1]-19:4 release[1]-10:23 running[1]-16:17 somewhere[3]-PLANNING[1]-1:9 proximity[1]-23:6 remainder[1]-24:12 Rusty[1]-2:5 19:14,21:5,23:3 planning[1]-24:19 PUBLIC[1]-1:10 remember[1]-23:17 sorry[3]-5:15,27:13plans[1]-26:11 public[15]-3:3,3:4,remodel[1]-15:9 S sounds[1]-14:7 plat[1]-18:14 3:8,3:11,3:21,3:22, removal[1]-7:19 south[4]-21:15, pleasure[1]-22:21 4:3,4:9,5:1,5:20,remove[2]-8:1, 21:18,21:19 Plumbing[2]-5:9, 27:7,27:20,27:23, safeguards[1]-7:24 5:17 16:13 safer[1]-8:4 Spa[1]-5:16 28:12,28:16 repeat[1]-3:23 9 special[s]-4:12,6:1, plush[1]-11:16 pull[1]-14:13 Reporter[1]-29:4 schhsawedc [ -e[ 1 3:5 18:9,25:22,25:23, plywood[a]-9:7,9:8, edd uled[1purpose[3]-3:7,5:6, represent[1]-3:17 27:2,27:4,27:11, 9:13,9:15 17:22 representing[1]- Scott[1]-20:17 27:16 podium[4]-3:17,push[1]-8:7 seamless[1]-25:4 Vitosh Deporting Service 815. 993 .2832 cros .vitosh@gmail . com 34 specific[i1-20:10 T types[2]-13:6,16:7 Williams[3]-2:4, specifically[1]-17:22 4:21,28:6 spirit[1]-6:24 U WILLIAMS[7]-4:13, spread[a]-9:21, taco pi-19:15 4:22,14:20,15:2, 10:9, 10:15,10:18, Taker[r]-2:11 15:19,28:1,28:7 10:21, 11:9,11:18 tape[p1-8:20 unable[i]-24:24 window[i]-9:12 spring[1]-25:1 team[i]-22:22 under[4]-13:11, windows[1]-9:16 sprinklers[3]-7:19, tearing 01-14:3 18:2,29:12,29:14 winter[i]-21:2 11:23,12:7 tempered[1]-9:17 United[4]-4:10,5:3, wish[5]-3:12,4:5, square[8]-6:7,6:8, ten[i]-9:5 5:24,6:16 4:6,25:8,25:10 18:23,18:24, 19:11, tend[1]-8:23 UNITED[1]-1:5 wishes[3]-17:1, 23:21,23:22,24:2 testified[2]-17:16, universal[1]-14:19 17:5,22:12 SS[1]-29:1 22:16 unless(q-21:7 wishing[i1-3:15 stages[1]-20:3 testify[1]-3:15 up[14]-5:1, 12:21, witnesses[i1-3:24 stand[1]-3:22 testimony[5]-3:8, 13:20,13:24,14:1, wonderful[1]-25:3 standard[4]-8:2, 3:11,4:2,27:20, 14:9,15:14, 16:10, wool[p1-11:17 9:12 27:22 17:21,19:14,20:3, standards[4]-12:4, thereof[2]-29:12, 20:20,24:18,26:2 Y 27:6,27:11,27:15 29:16 update[3]-6:19,7:7, started[2]-24:22,they've[r]-14:12 15:17 24:23 third[i1-4:6 updated[1]-14:22 yards[1]-11:3 State[3]-5:17,6:11 three[31-12:24, updating[q-7:14 years[1]-12:23 state[2]-3:16,22:13 13:14, 14:14 upgrade[1]-11:24 YORKVILLE[2]-1:5, STATE[i]-29:1 threshold[1]-8:7 uses[1]-22:2 1:6 station[2]-6:2,18:11 thresholds[2]-9:9,Yorkville[12]-1:17, stay[2]-7:15,14:24 12:13 V 4:10,5:3,5:24,6:16, step[1]-7:15 throughout[rl-20:4 17:21, 18:8,18:10, sticker[q-14:8 TIEMAN[3]-17:15, 20:8,22:3,22:20, variance[2]-6:5, 23:7 stickered[I]-14:15 17:18,27:9 18:21 Tleman[1]-17:19 YOUNG[e]-4:17, stickers[i]-14:18 varieties[i]-16:10 4:19,4:21,4:23, still[2]-19:14,24:13 Title[i]-5:5 vary[2]-18:22,18:23 store[7]-6:3,18:11, today[t1-24:15 vendors 28:4,28:6,28:8, i]-19:12 28:1019:9,19:10,19:12, today's[1]-9:24 version Ill-26:13 Young2:1119:16,23:20 tonight[el-3:10, Vitosh[2]-29:3, strip[2]-26:19 3:20,4:3,5:2,5:20, 29:20 structural[2]-8:18,17:2,17:6,20:9 vote[2]-4:15,28:2 Z 8:24 tonight's[2]-3:5,voters[i]-8:6 structure[4]-14:3,28:13 zoned[6]-6:9,21:16, 15:10, 15:12,15:15 tom-10:14 W 21:17,21:19,21:20, structures[2]-9:3, tract[i]-18:5 21:21 14:21 traditions[1]-7:1 zoning[1]-22:1 subdivision[2]- transactions[i]-Walgreens[1]-24:3 Zoning[1]-3:6 18:14,21:22 23:11 walk[1l-10:2 ZONING[r]-1:9 subject 01-15:11 transcribed[1]-29:4 wallpaper[3]-9:23, submitted[1]-27:7 transcript[2]-29:8,10:6,11:16 super[2]-11:16, 29:11 wash[2]-6:3,18:11 11:18 Transportation[3]- Wash[3]-4:12,5:22, supplies[t]-23:8 18:20, 19:4,19:22 17:21 support[0]-8:24 treated[2]-9:17,11:8 Waterpark[2]-6:11, suppress[1]-11:20 trees[9]-15:24,16:4, 17:24 suppressed[1]- 16:5,16:8,16:11, waterpark[7]-21:14, 12:15 16:13, 16:18,26:20, 21:15,23:6,23:7, suppression[6]- 26:24 24:10,25:2,25:4 8:12,8:15,9:4, true[1]-29:7 weather[2]-21:2, 10:14, 11:24,12:13 by[2]-16:14,26:23 24:23 Swimming[1]-5:16 trYing[2]-13:20,21:9 Wednesday[i]-1:21 sworn[3]-3:24, turning(1]-26:8 weight[1]-9:1 17:16,22:16 two[3]-3:4,18:16, WHEREUPON[1]- system[i]-13:24 19:11 3:1 type[r]-10:23 whole[2]-12:17,15:4 Vitosh Deporting Service 815. 993 .2832 cros.vitosh@gmail . com SUMMARY: The petitioners, Charles and Gayle Ashley, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a reduction in the front yard setback from the required minimum 30 feet from the property line to the building to 20 feet for a residential parcel located at 208 E. Main Street. The property is zoned R-2 Traditional Family Residence District and purpose of the request is to allow for the reconstruction of an attached covered porch, as was part of the original home, to be located within the required front yard. The proposed porch will reflect the established neighborhood character and forward the goals of the recently adopted Neighborhood Design Manual. PROPERTY BACKGROUND: The property, a two-story is located approximately 2 blocks east of IL Rte. 47 (N. Bridge Street) on Main Street surrounded by similar single-family homes in the older residential part of Yorkville. This parcel, as well as the adjacent parcels, was platted as a narrow, deep lot which backs up to wooded open space and the Fox River. This area of the City was developed prior to any modern zoning regulations existed in Yorkville and therefore the structures and parcels in the area may or may not conform to current code standards. Memorandum To: Planning and Zoning Commission From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Jason Engberg, Senior Planner Date: August 7, 2019 Subject: PZC 2019-20 208 E. Main Street – Front Yard Setback Variance As currently situated, the nearest distance from the property line to the edge of the home is approximately 29.4’. However, the existing front stoop extends an additional eight feet (8’) into the yard, effectively rendering the front setback at 21.4’, less than the required minimum 30 feet for the R-2 zoning district. Therefore, this property is considered “legally non-conforming” since its non- conformity existed prior to the adoption of the current ordinance. The exhibit below illustrates where the house is located on the parcel. The required front yard is shaded and shows the existing stoop. PROJECT DESCRIPTION: The two-story brick residence, as seen in the picture to the right, was originally built circa 1860 with architectural features common to Victoria Stick Style homes. These features include steep gable and side gable rooflines; rectangular windows in a simple pattern of one-over-one; and unusually announced porches with large brackets that form curved diagonal braces. At some point, the front façade of the home was altered to remove the covered porch and the current homes exterior is depicted in the images below. As proposed, the petitioners are seeking to rebuild the one-story porch to the existing front façade of the home in its original location. The porch would extend approximately thirty-two (32) feet across the front plane of the house and project out about eight (8) feet into the front yard, following the line of the existing front stoop. The covered roof of the porch would be approximately ten (10) feet in height and the floor material will be a one inch (1”) thick composite deck. The overall setback will essentially remain at its current distance of 21’-4” if the variance is approved. VARIANCE REQUEST: Section 10-7-1 of the City’s Zoning Ordinance requires all buildings located in the R-2 Single-Family Traditional Residence District to maintain a minimum front yard setback of thirty feet (30’). Although the current home does not maintain this setback, it is non-conforming to this standard, Section 10-15-3-B-3 states the non-conforming structure can be maintained, repaired or altered but cannot expand or create any additional nonconformities. Therefore, the petitioner is seeking the variance so that they are legally allowed to encroach, expand and alter their home to the newly requested setback of 20 feet and not constrained, now or in the future, by the current non- conforming status. NEIGHBORHOOD DESIGN: In February 2019, the City Council adopted the Neighborhood Design Manual, which is geared towards retaining and enhancing the character and livability of Yorkville’s traditional neighborhoods. As part of this non-binding manual, guidelines were established for renovation and new construction with the goal of any repair or reconstruction blending into the fabric of the surrounding neighborhood. Specifically, regarding porches, the Neighborhood Design Manual acknowledges that “the front porch can be a great place to relax and enjoy the breeze on a cool summer evening” and therefore recommends when renovating an existing home in the older parts of town, “care should be taken to preserve or replicate the styling of historic elements…into the new design.” Additionally, the Comprehensive Plan designates this area as “Traditional Neighborhood Residential” which encourages the current residential character. The petitioners main purpose is to replace the previous porch feature onto their home as it was originally built. They also desire to enhance the character of their home with the addition of this architectural element and “bring back some old-time touches” to the neighborhood, as other homes also have front porches. Furthermore, the variance for the front yard setback is consistent with the established neighborhood frontage and the addition of the requested porch would maintain that line, as illustrated in the aerial below. STANDARDS FOR GRANTING A VARIANCE: The Planning and Zoning Commission must base its decision to vary, or recommend varying, the Petitioner’s request for relief of the Zoning Ordinance regulation upon the following standards (Section 10-4-7-C): 1. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. 3. The alleged difficulty or hardship is caused by this title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. 6. The proposed variation is consistent with the official comprehensive plan and other development standards and policies of the city. The petitioners have provided responses to these standards in their application materials which they request to be entered into the record. STAFF COMMENTS Staff is supportive of the request for front yard setback reduction as proposed by the petitioners. The original architecture of the home was designed with a Victorian Stick Style porch, similar to the surrounding residences. Additionally, the property, and most properties within the neighborhood, are legally non-conforming with regards to front yard setbacks, as they were built prior to the modern zoning code. Finally, the proposed porch would not change the character of the street line and is consistent with the recently adopted Neighborhood Design Manual and Comprehensive Plan. PROPOSED MOTIONS: In consideration of testimony presented during a Public Hearing on September 11, 2019 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a requested reduction in the front yard setback in the R-2 Single-Family Traditional Residence District regulations from the required minimum 30 feet from the property line to the building to 20 feet for a residential parcel located at 208 E. Main Street and further subject to {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1. Petitioner Application (with attachments) 2. Public Hearing Notice PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLANNING & ZONING COMMISSION PZC 2019-20 NOTICE IS HEREWITH GIVEN THAT Charles and Gayle Ashley, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a reduction in front yard setback from 30 feet to 20 feet for a residential parcel located at 208 E. Main Street. The purpose of this request is to allow for the reconstruction of an attached covered porch, as was part of the original home, to be located within the required front yard. The real property, zoned R- 2 Traditional Family Residence District, is located east of South Bridge Street (IL Route 47) and immediately south of East Main Street in Yorkville, Illinois. The legal description is as follows: LOT 9 AND THAT PART OF LOTS 5, 6 AND 10 IN BLOCK 22 OF MCCLELLAN’S ADDITION TO BRISTOL DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTHERLY, ALONG THE EASTERLY LINE OF SAID LOT 9 AND SAID EASTERLY LINE EXTENDED, 320.0 FEET TO THE SOUTHERLY LINE OF LOT 6; THENCE WESTERLY, ALONG SAID SOUTHERLY LINE, 100.0 FEET; THENCE NORTHERLY, PARALLEL WITH SAID EASTERLY LINE EXTENDED AND SAID EASTERLY LINE, 320.0 FEET TO THE NORTHERLY LINE OF SAID LOT 10; THENCE EASTERLY, ALONG SAID NORTHERLY LINE, 100.0 FEET TO THE POINT OF BEGINNING IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PIN : 02-33-109-006 NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, September 11, 2019 at 7:00 p.m. at the United City of Yorkville, City Council Chambers, located at 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. Application and information materials regarding this notice are available for public review and any questions or written comments should be addressed to the United City of Yorkville Community Development Department, City Hall, 800 Game Farm Road, Yorkville, Illinois. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. Lisa Pickering City Clerk Proposed Request: The petitioner, Tyler Edwards, on behalf of Menard., Inc. is seeking final plat approval to resubdivide Lots 1 & 2 of the Menard’s Commercial Commons, an approximately 37-acre parcel. Located in the northeast quadrant of Marketview Drive and E. Countryside Parkway, the subject property was annexed as a part of a larger multi-parcel commercial development approved by the City of Yorkville in 2000. Currently, Lot 1 is improved with the Menards big-box home improvement retail store and Lot 2 is utilized for agricultural purposes, as permitted by the annexation agreement. Both lots are zoned B-3 General Business District and owned by Menard, Inc. Proposed Final Plat of Resubdivision: As proposed, the parcel line separating the existing Lots 1 and 2 will be adjusted northward to allow for an addition to the yard gate for an automatic express entrance lane which is being implemented at all of Menard’s store locations. This gate allows customers with online orders to scan a barcode at the new entrance lane and enter the yard for pick up without the inconvenience of waiting for a gate guard to manually approve entrance. There will also be an additional twenty feet (20’) added to the existing gate canopy which will serve as the exit lane. Since the yard gate is attached to the Menard’s store, the International Building Code (IBC) requires a minimum continual clearance of sixty feet (60’) around the building. This dictates the existing property line be relocated so that the structure does not straddle two (2) lot lines and remains compliant with building setback regulations for the B-3 Zoning District which is 20 feet. Below is a site plan showing the proposed addition. Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: July 15, 2019 Subject: PZC 2019-21 Menards – Lots 1&2 of Menard’s Commercial Commons Final Plat of Resubdivision Approval The proposed Final Plat of Resubdivision has been reviewed by the City’s engineering consultant, Engineering Enterprises Inc., for compliance with the Subdivision Control Ordinance’s Standards for Specification. Comments dated July 22, 2019 and August 14, 2019 were provided to the applicant (see attached). The minor revisions requested by the City Engineer will be addressed by the applicant prior to the Planning and Zoning Commission meeting and reviewed for compliance prior to final plat recordation. Staff Comments: Based upon the review of the proposed Final Plat of Resubdivision of Lots 1 & 2 of the Menard’s Commercial Commons Seventh Addition, staff believes the submitted plans are consistent with the approved development site plan and the current subdivision control regulations. Therefore, we recommend approval of the final plat of resubdivision as currently presented. Proposed Motion: In consideration of the proposed Final Plat of Resubdivision of Lots 1 & 2 of the Menard’s Commercial Commons Seventh Addition, the Planning and Zoning Commission recommends approval of the plat to the City Council as presented by the Petitioner in a plan prepared by Craig R. Knoche & Associates, dated June 12, 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 Menard’s Commercial Commons Seventh Addition prepared by Craig R. Knoche & Associates dated 06-12-19. 3. EEI Letter to the City dated July 22, 2019 re: Menards Plat of Resubdivision. 4. EEI Letter to City dated August 14, 2019 re: Menards Plat of Resubdivision. DRIVETHRUDRIVETHRULEFTTURNONLY OY VILKRLEGSINROSCOY VILKRLEGSINROSC Scale 1"=100'060402010080200150400300of2SheetFile:Date:Job:Prepared for:Plat of ResubdivisionLand Plannersfax (630) 845-1275SurveyorsCivil EngineersGeneva, Illinois 60134phone (630) 845-127024 North Bennett StreetCivil Engineers, P.C.Craig R. Knoche & AssociatesCraig R. Knoche & AssociatesCivil Engineers, P.C.Registered Design Firm 3763119-02519-025RP16-12-19Menard's CommercialCommons Seventh AdditionMenard, Inc.Being a resubdivision of Lots 1 and 2 of Menard's Commercial Commons FifthAddition, Yorkville, Kendall County, Illinois, being a resubdivision of Lot 1 and part ofLot 3 of Menard's Commercial Commons, a subdivision of part of Section 21,Township 37 North, Range 7 East of the Third Principal Meridian in the United Cityof Yorkville, Kendall County, Illinois.S10°07'07"W5.50Public Utility E a s e m e n t Public Utility E a s e m e n t Public Utility Ea s e m e n t Public Utility EasementPublic Utility EasementPublic Utility EasementPublic Utility EasementPublic Utility EasementPublic Utility EasementPublic Utility EasementPublic Utility EasementPublic Utility E a s e m e n t 30' Building Setb a c k Menard's Commercial Commons Fifth Addition Lot1Lot2830,150 sq.ft.19.06 acresM a r k e t v i e w D r i v e Lot340.00Lot1776,899 sq.ft.17.84 acresN35°20'55"E14.1436.0414.14Kennedy RoadLot2Lot3S2 3 ° 1 6 ' 3 6 " W 10 3 . 1 5N85°50'57"W570.08N04°09'03"E 103.00N85°50'57"W326.44N04°09'03"E1104.54 N1 8 ° 4 3 ' 3 2 " E 27 4 . 4 8 N09°39'0 5 " W 89.52 N80°20'55"E100.85N78°21'50"E577.49N80°20'55"E82.09S09°38'3 6 " E715.00S04°09'20"W 1115.45 S85°50'49"E930.9527 4 . 4 8 89.52 100.85577.4982.09715.00 36.04345.82 334.95 769.59 769.63 10 3 . 1 5 5.50 570.08103.00 326.4410' Public Utility Easement (Doc 200200012797)R=200.099.05R=200.050.8899. 05 50. 88Notes:Iron pipes at all Lot corners except as noted.All easements and setback lines granted and created by thePlat of Menard's Commercial Commons Fifth Addition,Doc. 200700014706 except as noted.S80°20'55"W of2SheetFile:Date:Job:Prepared for:Plat of ResubdivisionLand Plannersfax (630) 845-1275SurveyorsCivil EngineersGeneva, Illinois 60134phone (630) 845-127024 North Bennett StreetCivil Engineers, P.C.Craig R. Knoche & AssociatesCraig R. Knoche & AssociatesCivil Engineers, P.C.Registered Design Firm 3763219-02519-025RP26-12-19Menard's CommercialCommons Seventh AdditionMenard, Inc.This is to certify that Menard, Inc. is the owner of the lands shown and described onthe annexed plat and by its duly elected officers has as such owner caused the sameto be surveyed, resubdivided and platted as shown thereon for the uses and purposestherein set forth and does hereby acknowledge and adopt the same under the styleand title thereon shown.It is further certified that the lands platted herein fall within the boundariesof Yorkville Community Unit School District 115.Given this____day of__________, A.D.2019.by:______________________________ (title)attest:____________________________ (title)I,____________________, a notary public in and for the County and Stateaforesaid do hereby certify that________________and________________,as________________and________________of Menard, Inc., who arepersonally known to me to be the same persons whose names are subscribedto the foregoing certificate, appeared before me this day in person andacknowledged the execution of the annexed plat of resubdivision andaccompanying instrument as being pursuant to authority given and astheir free and voluntary act and as the free and voluntary act ofMenard, Inc.Given under my hand and notarial seal this____day of__________ ,A.D.2013._________________________________________notary publicState of WisconsinCounty of Eau Claire}S.S.State of WisconsinCounty of Eau Claire}S.S.This is to certify that I, John Cole Helfrich, an Illinois Professional Land Surveyor,have surveyed, resubdivided and platted those lands described as follows:Lots 1 and 2 of Menard's Commercial Commons Fifth Addition, Yorkville, KendallCounty, Illinois, being a resubdivision of Lot 1 and part of Lot 3 of Menard'sCommercial Commons, a subdivision of part of Section 21, Township 37 North,Range 7 East of the Third Principal Meridian in the United City of Yorkville, KendallCounty, Illinois.Area: 1,607,049 sq.ft., 36.89 acresI further certify that the lands described above fall in "Zone X, Area of MinimalFlood Hazard" as defined by the Federal Emergency Management Agency based onreference to Flood Insurance Rate Maps 170830037H and 170830045H, both witheffective dates of January 8, 2014.I further certify that the lands described above lie within the corporate limits of theUnited City of Yorkville, which has adopted a Comprehensive Plan and Map and isexercising the special powers authorized by Division 12 of Article 11 of the IllinoisMunicipal Code as now or hereafter amended.I further certify that the platted lands do not border on or include any public waters ofthe state in which the state has property rights or interests.I further certify that this professional service conforms to the current Illinois standardsfor a Boundary Survey.All dimensions are given in feet and decimal parts thereof and are correct at 62°Fahrenheit.Given under my Hand and Seal this____day of____________, A.D.2019.___________________________________________Illinois Professional Land Surveyor 2967exp. 11-30-20State of IllinoisCounty of DuPage}S.S.Approved by the City Administrator of the United City of Yorkville, Illinois this______ day of __________________, A.D., 2019.___________________________City AdministratorState of IllinoisCounty of Kendall}S.S.I, _____________, City Engineer for the United City of Yorkville, do herebycertify that the required improvements have been installed or the requiredguarantee collateral has been posted for the completion of all requiredimprovements.Given at Yorkville, Illinois this___day of___________, A.D.2019__________________________City EngineerState of IllinoisCounty of Kendall}Approved and accepted by the Mayor and the City Council of the United Cityof Yorkville, Illinois, this ________ day of _________, 2019._________________________ ___________________________Mayor City ClerkState of IllinoisCounty of Kendall}I, _________________________, County Clerk in Kendall County, Illinois, do herebycertify that there are no delinquent general taxes, no unpaid current general taxes, nounpaid forfeited taxes, and no redeemable tax sales against any of the land included in theannexed plat. I further certify that I have received all statutory fees in connection withthe annexed plat. Given under my hand and seal of the County at Yorkville, Illinois this_____ day of _________________, A.D., 2019.__________________________County ClerkState of IllinoisCounty of Kendall}S.S.This Instrument No. _________________, was filed for record in the Recorder's Officeof Kendall County, Illinois, on the ______ day of __________, 2007 at ______O'Clock___ .M. and was recorded in Plat Envelope No. _______________________.Given under my hand and seal of the County at Yorkville, Illinois this _____ day of_________________, A.D., 2019.__________________________County RecorderState of IllinoisCounty of Kendall}S.S.