Planning and Zoning Commission Packet 2019 10-09-19
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, October 9, 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: September 11, 2019
Citizen’s Comments
--------------------------------------------------------------------------------------------------------------------
Public Hearings
1. PZC 2019-24 Karen Larson on behalf of SEAL South Incorporated, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting special use
permit approval as a Commercial/Trade School providing special education and therapeutic
services in a day school setting for grades K-12 within the M-1, Limited Manufacturing District
pursuant to Chapter 6, Table 10.06.02 of the Yorkville Zoning Ordinance. The real property is
located at 109 Beaver Street with the Fox Industrial Park, in Yorkville, Illinois.
2. PZC 2019-25 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text
amendment to “Chapter 6: Permitted Uses.” The amendment to Chapter 6 will revise Table
10.06.01 Residential Uses to identify multi-family dwelling as a Special Use with the B-1 Local
Business District. The Special Use in the B-1 Local Business District will allow apartment units
on all floors of an existing building within the downtown historic commercial core, provided that
at least twenty-five percent (25%) of the overall gross square feet of the building area is utilized
for commercial purposes. The downtown historic commercial core, as defined by the Yorkville
Comprehensive Plan Update 2016, is bounded by the Fox River on the north, Fox Street to the
south, Mill Street to the east, and Main Street to the west.
Unfinished Business
New Business
1. PZC 2019-24 Karen Larson on behalf of SEAL South Incorporated, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting special use
permit approval as a Commercial/Trade School providing special education and therapeutic
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
services in a day school setting for grades K-12 within the M-1, Limited Manufacturing District
pursuant to Chapter 6, Table 10.06.02 of the Yorkville Zoning Ordinance. The real property is
located at 109 Beaver Street with the Fox Industrial Park, in Yorkville, Illinois.
Action Item
Special Use Approval
2. PZC 2019-25 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text
amendment to “Chapter 6: Permitted Uses.” The amendment to Chapter 6 will revise Table
10.06.01 Residential Uses to identify multi-family dwelling as a Special Use with the B-1 Local
Business District. The Special Use in the B-1 Local Business District will allow apartment units
on all floors of an existing building within the downtown historic commercial core, provided that
at least twenty-five percent (25%) of the overall gross square feet of the building area is utilized
for commercial purposes. The downtown historic commercial core, as defined by the Yorkville
Comprehensive Plan Update 2016, is bounded by the Fox River on the north, Fox Street to the
south, Mill Street to the east, and Main Street to the west.
Action Item
Text Amendment
3. PZC 2019-22 The petitioner, Dean Edmeier, on behalf of Grande Reserve (Chicago) ASLV VI,
LLLP, owner/developer, has filed an application with the United City of Yorkville seeking Final
Plat approval for an approximately 52-acre site consisting of 171 new residential lots within two
(2) new units, Units 26 and 27, of the Grande Reserve subdivision located in the northeast
quadrant of Galena Road and Mill Road in Yorkville.
Action Item
Final Plat Approval
Additional Business
1. 2020 Planning and Zoning Commission Meeting Schedule
2. 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
Approved
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.
City Council Action
Approved
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.
City Council Action
Updated provided at meeting
Adjournment
Page 1 of 3
DRAFT
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, Il
Wednesday, September 11, 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:
Don Marcum-yes, Greg Millen-yes, Jeff Olson-yes, Richard Vinyard-yes,
Danny Williams-yes
Absent: Deborah Horaz, Rusty Hyett
City Staff
Krysti Barksdale-Noble, Community Development Director
Other Guests
Chris Vitosh, Vitosh Reporting Service Cole Helfrich, Knoche & Associates
Lynn Dubajic, City Consultant Chuck & Gayle Ashley
Previous Meeting Minutes August 14, 2019
The minutes were approved as presented on a motion and second by Commissioners
Williams and Vinyard, respectively.
Roll call: Marcum-yes, Millen-yes, Olson-yes, Vinyard-yes, Williams-yes. Carried: 5-0
Citizen’s Comments None
Chairman Olson said Ms. Noble suggested honoring this day, September 11, and Mr.
Olson read an inspiring statement remembering the sad events of that day in 2001.
Public Hearing
Vice-Chairman Olson explained the procedure for the Hearing and swore in those who
would speak. At approximately 7:05pm a motion was made and seconded by Mr.
Vinyard and Mr. Williams, respectively, to open the Hearing.
Roll call: Marcum-yes, Millen-yes, Olson-yes, Vinyard-yes, Williams-yes. Carried 5-0
Mr. Olson read the Public Hearing description.
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
Page 2 of 3
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.
(See Court Reporter Transcript)
(Findings of Fact to be entered into official record)
The Hearing was closed at approximately 7:08pm on a motion by Mr. Marcum and
second by Mr. Vinyard.
Roll call: Olson-yes, Vinyard-yes, Williams-yes, Marcum-yes, Millen-yes. Carried 5-0
Unfinished Business: none
New Business:
1. PZC 2019-20 Ms. Noble said this is a Victorian home which had a curved porch that
was removed at some point and the owner wishes to rebuild it. The original home had a
setback of 21 feet from the property line like other homes in the neighborhood. These
homes were built prior to the modern zoning and she said this is consistent with the
neighborhood manual. Chairman Olson read the applicable standards.
Action Item
Variance Request
Commissioners Vinyard and Williams, respectively, moved and seconded to approve the
variance request and Findings of Fact. Mr. Vinyard read the motion as follows: 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.
Roll call: Vinyard-yes, Williams-yes, Marcum-yes, Millen-yes, Olson-yes. Carried 5-0
2. PZC 2019-21 Tyler Edwards, petitioner, on behalf of Menard's, 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.
Ms. Noble said Menard's is seeking final plat approval on the 2 lots they own. They are
proposing to extend a gate to create an automatic express lane where customers can scan
a barcode and gain entrance to pick up their purchase. Since the gate is attached to the
building, 60 feet is needed around the building and with that requirement, they could not
maintain their sideyard setback. Lot 1 currently has the store and Lot 2 is an empty lot
and they wish to move the lot line. Cole Helfrich was present on behalf of Menard's. He
said they are making this improvement on all their stores and both lots are under the same
ownership.
Page 3 of 3
Action Item
Final Plat Approval
Chairman Olson entertained a motion for approval. Commissioners Vinyard and
Williams, respectively, moved and seconded a motion read by Mr. Vinyard: 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.
Roll call: Williams-yes, Marcum-yes, Millen-yes, Olson-yes, Vinyard-yes. Carried 5-0.
Additional Business:
Ms. Noble reported on these items:
1. City Council Updates
PZC 2019-16 Adopt the 2018 International Code Council
This will be voted on by the City Council on September 24.
PZC 2019-19 Lenny's Gas N Wash
Approved by City Council September 10th. Ms. Dubajic added that the petitioner has
now closed on the property and is moving topsoil.
Adjournment
There was no further business and the meeting was adjourned at 7:19pm on a motion by
Mr. Vinyard and second by Mr. Williams. Approved on unanimous voice vote.
Respectfully submitted by Marlys Young, Minute Taker
The petitioner, Karen Larson on behalf of SEAL South Incorporated, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting special use permit
approval for a Commercial/Trade School providing special education and therapeutic services in a
day school setting for grades K-12 within the M-1 Limited Manufacturing District pursuant to
Chapter 6, Table 10.06.02 of the Yorkville Zoning Ordinance. The real property is located at 109
Beaver Street with the Fox Industrial Park, in Yorkville, Illinois.
PROPERTY INFORMATION:
The subject property is currently zoned as M-1 Limited Manufacturing District. The following are
the current immediate surrounding zoning and land uses:
Zoning Land Use
North R-3 Multi-Family Attached Residence District Townhomes
East M-1 Limited Manufacturing District Warehouse/Manufacturing
South M-1 Limited Manufacturing District Warehouse/Manufacturing
West M-1 Limited Manufacturing District Bristol Kendall Fire Station
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Krysti Barksdale-Noble, Community Development Director
Date: October 2, 2019
Subject: PZC 2019-24 School for Expressive Arts & Learning (SEAL)
Proposed Commercial/Trade School (Special Use)
PROJECT DESCRIPTION:
As proposed, the petitioner is planning on remodeling the interior of the existing structure to allow
for a for profit school to function on site. The petitioner is only planning on interior renovations and
does not plan to add any additional outside structures. The school will be attended by students from
nearby public schools and will arrive all at once in the morning and leave all at once in the late
afternoon. In its initial phase, the building will contain 3 classrooms at the front of the building and
eventually contain a maximum of 9 classrooms in the future. Due to its curriculum, the school is
planning on having a maximum of 10 students per classroom.
PARKING:
There are currently 18 striped parking spaces plus 2 handicap spaces located at the front of the
building as well as 2 striped spaces on the west side of the building. Per the zoning ordinance, an
elementary and junior high school requires 1 space per classroom and a high school must have 0.25
per student plus 1 per staff. The petitioner has stated that there will be no students driving and
parking at the school as all students will arrive via bus. Therefore, the parking standards should only
reflect the elementary and junior high standards since high school students will not be driving to the
school.
The petitioner has stated that the initial school will have 3 classrooms with potential for a maximum
of 9 classrooms total in the future. The petitioner needs a total of 9 spaces for this use and it
currently contains 20 regular spaces and 2 handicapped spaces. Therefore, the proposed 22 spaces
exceed the required minimum.
TRAFFIC CIRCULATION:
The petitioner has provided a traffic circulation exhibit which illustrates the flow of on-site traffic.
The existing ingress and egress at the property will be maintained. Due to the low number of
students at the facility, the amount of bus traffic should not be more intense than standard traffic in
this industrial area.
COMPREHENSIVE PLAN:
The 2016 Comprehensive Plan designates this for general industrial uses. This land use is designated
for small to large scale industrial uses that are wholly contained in a building and do not generate
noticeable external effects.
In 2016, The City approved a text amendment to the Zoning Ordinance which would allow
trade/commercial schools as a special use in the M -1 and M-2 manufacturing districts. Additionally,
the City revised the commercial/trade school definition to state the following, “A school established
to provide for the teaching of academic, industrial, clerical, managerial, artistic skills or alternative
education. This definition applies to schools that are owned and operated privately for profit or not
for profit and that may offer a complete education curriculum.”
The language in the City’s Zoning Ordinance states that this type of use is appropriate in industrial
areas and therefore complies with the future land use plan. It should also be noted that in 2016, a
similar commercial/trade school was authorized to operate at 210 Beaver Street.
SPECIAL USE CRITERIA:
Section 10-4-9F of the City’s Zoning Ordinance establishes standards for special use requests. No special
use shall be recommended by the plan commission unless said commission shall find that:
1. The establishment, maintenance or operation of the special use will not be unreasonably
detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the immediate
vicinity for the purpose already permitted, nor substantially diminish and impair property values
within the neighborhood in which it is to be located.
3. The establishment of the special use will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being
provided.
5. Adequate measures have been or will be taken to provide ingress or egress so designed as to
minimize traffic congestion in the public streets.
6. The proposed special use is not contrary to the objectives of the official comprehensive plan of
the City as amended.
The applicant has provided written responses to these special use standards as part of their
application and requests inclusion of those responses into the public record during the public
hearing at the Planning and Zoning Commission meeting.
STAFF COMMENTS:
It is staff’s opinion that the proposed use is appropriate and similar to other establishments within the City
and within the Fox Industrial Park. The level of traffic created will be low and the amount of people
attending the school will be in line with the surrounding district. Finally, the proposed industrial land use
is consistent with the future land use designation of the current Comprehensive Plan. Staff is supportive
of the proposed Special Use request.
Proposed Motion:
In consideration of testimony presented during a Public Hearing on October 9, 2019 and discussion of
the findings of fact, the Planning and Zoning Commission recommends approval to the City Council
for a request for Special Use authorization for the operation of a proposed new Commercial/Trade
School in an existing building zoned M-1 Limited Manufacturing District at 109 Beaver Street in Fox
Industrial Park and further subject to {insert any additional conditions of the Planning and Zoning
Commission}…
ATTACHMENTS:
1. Petitioner Application
2. Legal Description
3. Plat of Survey
4. Transportation Plan
5. Interior Plans
6. Letter of Support from District 115
APPLICATION FOR
SPECIAL USE
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois, 60560
Telephone: 630-553-4350
Fa x: 630-553-7575
Website: www.yorkville.il.us
1 OF 9
INTENT AND PURPOSE:
The purpose of the zoning code is based upon the authority of the city to divide its land into districts by use, bulk, location of building and structures, in
a substantially uniform manner. It is recognized that while some uses are permitted under the zoning code to keep uniformity, a case-by-case analysis
must be conducted for certain permitted uses to discover the impact of those uses on neighboring land and of the public need for the particular use at
the particular location. In these cases a special use must be granted.
This packet explains the process to successfully submit and complete an Application for Special Use. It includes a detailed description of the process and
the actual application itself. Please type the required information in the application on your computer. The application will need to be printed and signed
by the petitioner. The only item that needs to be submitted to the city from this packet is the application. The rest of the packet is to help guide you
through the process unto completion.
For a complete explanation of what is legally required throughout the Special Use process, please refer to “Title 10, Chapter 4, Section 9 Special Uses” of
the Yorkville, Illinois City Code.
APPLICATION PROCEDURE:
STAGE 1
Submit
Application, Fees,
and All Pertinent
Information to
the Community
Development
Department
STAGE 2
Plan Council
Review
Meets on the 2nd
and 4th Thursday
of the Month
STAGE 4
Planning
and Zoning
Commission Public
Hearing
Meets on the 2nd
Wednesday of the
Month
STAGE 5
City Council
Public Hearing
Meets on the 2nd
and 4th Tuesday of
the Month
STAGE 1: APPLICATION SUBMITTAL
The following must be submitted to the Community Development Department:
• One (1) original signed application with legal description.
• Three (3) 11” x 17” copies each of the exhibits, proposed drawings, location map, and site plan. Large items must be folded to fi t in a 10” x 13” enve-
lope.
• Appropriate fi ling fee.
• One (1) CD or portable USB drive containing one (1) electronic copy (pdf) of each of the following: signed application (complete with exhibits), pro-
posed drawings, location map, and site plan. A Microsoft Word document with the legal description is also required.
Within one (1) week of submittal, the Community Development Department will determine if the application is complete or if additional information is
needed. These materials must be submitted a minimum of forty fi ve (45) days prior to the targeted Planning and Zoning Commission meeting. An incomplete
submittal could delay the scheduling of the project.
Petitioner will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant
costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). The petitioner will be required to establish a deposit account with the city to
cover these fees. The Petitioner Deposit Account/Acknowledgment of Financial Responsibility form is attached to this document and must be submitted with
the application.
STAGE 3
Economic
Development
Committee
Meets on the 1st
Tuesday of the
Month
APPLICATION FOR
SPECIAL USE
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois, 60560
Telephone: 630-553-4350
Fa x: 630-553-7575
Website: www.yorkville.il.us
2 OF 9
STAGE 2: PLAN COUNCIL
Petitioner must present the proposed plan to the Plan Council. The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council
include the Community Development Director, City Engineer, the Building Department Offi cial, the Public Works Director, the Director of Parks and Recreation,
a Fire Department Representative, and a Police Department Representative. Upon recommendation by the Plan Council, petitioner will move forward to the
Planning and Zoning Commission hearing.
STAGE 3: ECONOMIC DEVELOPMENT COMMITTEE
Applicant must present the proposed plan to the Economic Development Committee. Economic Development Committee meets at 7:00 p.m. on the 1st
Tuesday of each month. This session is to discuss and consider recommendations prior to full City Council considerations and provide informal feedback. The
Economic Development Committee will submit its recommendation to City Council.
STAGE 4: PLANNING AND ZONING COMMISSION
Petitioner will attend a public hearing conducted by the Planning and Zoning Commission. The Planning and Zoning Commission meets on the 2nd Wednesday
of the Month at 7:00pm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The petitioner is responsible for sending certifi ed
public hearing notices to adjacent property owners within fi ve hundred (500) feet of the subject property no less than fi fteen (15) days and no more than
thirty (30) days prior to the public hearing date. Twenty four (24) hours prior to the public hearing, a certifi ed affi davit must be fi led by the petitioner with the
Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notifi ed. The Planning and
Zoning Commission will conduct a public hearing on the request, take public comments, discuss the request, and make a recommendation to City Council. No
special use shall be recommended by the Planning and Zoning Commission unless it follows the standards set forth in City’s Zoning Ordinance. The Certifi ed
Mailing Affi davit form is attached to this document and must be submitted prior to the scheduled Planning and Zoning Commission meeting.
STAGE 5: CITY COUNCIL
Petitioner will attend the City Council meeting where the recommendation of the special use will be considered. The City Council meets on the 2nd and 4th
Tuesdays of the month at 7:00pm. City Council will make the fi nal approval of the special use.
APPLICATION FOR
SPECIAL USE
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois, 60560
Telephone: 630-553-4350
Fa x: 630-553-7575
Website: www.yorkville.il.us
3 OF 9
DORMANT APPLICATIONS
The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that
the application is incomplete it will become dormant under these circumstances:
• The applicant has been notifi ed of such defi ciencies and has not responded or provided a time line for completing the application within ninety (90)
days from the time of notifi cation.
• The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six (6)
months from the date of that request.
• The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety (90) days
from the date of the request.
If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance,
then the director shall terminate the application. After termination, the application shall not be reconsidered except after the fi ling of a completely new
application.
Withdrawal or termination of an application shall not aff ect the applicant’s responsibility for payment of any costs and fees, or any other outstanding debt
owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011-
34, 7-26-2011)
APPLICATION FOR
SPECIAL USE
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois, 60560
Telephone: 630-553-4350
Fa x: 630-553-7575
Website: www.yorkville.il.us
4 OF 9
INVOICE & WORKSHEET PETITION APPLICATION
CONCEPT PLAN REVIEW Engineering Plan Review deposit $500.00 Total: $
AMENDMENT Annexation
Plan
Plat
P.U.D.
$500.00
$500.00
$500.00
$500.00
Total: $
ANNEXATION $250.00 + $10 per acre for each acre over 5 acres
Total: $
____________ - 5 = ____________ x $10 = ____________ + $250 = $ ____________
# of Acres Acres over 5 Amount for Extra Acres Total Amount
REZONING $200.00 + $10 per acre for each acre over 5 acres
Total: $
If annexing and rezoning, charge only 1 per acre fee; if rezoning to a PUD, charge PUD Development Fee - not Rezoning Fee
____________ - 5 = ____________ x $10 = ____________ + $200 = $ ____________
# of Acres Acres over 5 Amount for Extra Acres Total Amount
SPECIAL USE $250.00 + $10 per acre for each acre over 5 acres
Total: $
____________ - 5 = ____________ x $10 = ____________ + $250 = $ ____________
# of Acres Acres over 5 Amount for Extra Acres Total Amount
ZONING VARIANCE $85.00 + $500.00 outside consultants deposit Total: $
PRELIMINARY PLAN FEE $500.00 Total: $
PUD FEE $500.00 Total: $
FINAL PLAT FEE $500.00 Total: $
ENGINEERING PLAN
REVIEW DEPOSIT
Less than 1 acre
Over 1 acre, less than 10 acres
Over 10 acres, less than 40 acres
Over 40 acres, less than 100 acres
Over 100 acres
$1,000.00
$2,500.00
$5,000.00
$10,000.00
$20,000.00
Total: $
OUTSIDE CONSULTANTS DEPOSIT Legal, land planner, zoning coordinator, environmental services
Total: $
For Annexation, Subdivision, Rezoning, and Special Use:
Less than 2 acres
Over 2 acres, less than 10 acres
Over 10 acres
$1,000.00
$2,500.00
$5,000.00
TOTAL AMOUNT DUE:
APPLICATION FOR
SPECIAL USE
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois, 60560
Telephone: 630-553-4350
Fa x: 630-553-7575
Website: www.yorkville.il.us
5 OF 9
DATE: PZC NUMBER: DEVELOPMENT NAME:
PETITIONER INFORMATION
NAME: COMPANY:
MAILING ADDRESS:
CITY, STATE, ZIP: TELEPHONE:
EMAIL: FAX:
PROPERTY INFORMATION
NAME OF HOLDER OF LEGAL TITLE:
IF LEGAL TITLE IS HELD BY A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN:
PROPERTY STREET ADDRESS:
DESCRIPTION OF PROPERTY’S PHYSICAL LOCATION:
CURRENT ZONING CLASSIFICATION: COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION:
REQUESTED SPECIAL USE:
ZONING AND LAND USE OF SURROUNDING PROPERTIES
NORTH:
EAST:
SOUTH:
WEST:
KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S)
APPLICATION FOR
SPECIAL USE
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois, 60560
Telephone: 630-553-4350
Fa x: 630-553-7575
Website: www.yorkville.il.us
6 OF 9
ATTORNEY INFORMATION
NAME: COMPANY:
MAILING ADDRESS:
CITY, STATE, ZIP: TELEPHONE:
EMAIL: FAX:
ENGINEER INFORMATION
NAME: COMPANY:
MAILING ADDRESS:
CITY, STATE, ZIP: TELEPHONE:
EMAIL: FAX:
LAND PLANNER/SURVEYOR INFORMATION
NAME: COMPANY:
MAILING ADDRESS:
CITY, STATE, ZIP: TELEPHONE:
EMAIL: FAX:
ATTACHMENTS
Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”.
Petitioner must list the names and addresses of any adjoining or contiguous landowners within fi ve hundred (500) feet of the property that are entitled notice
of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as “Exhibit B”.
APPLICATION FOR
SPECIAL USE
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois, 60560
Telephone: 630-553-4350
Fa x: 630-553-7575
Website: www.yorkville.il.us
7 OF 9
SPECIAL USE STANDARDS
PLEASE STATE HOW THE ESTABLISHMENT, MAINTENANCE OR OPERATION OF THE SPECIAL USE WILL NOT BE UNREASONABLY DETRIMENTAL TO OR ENDANGER THE PUBLIC
HEALTH, SAFETY, MORALS, COMFORT OR GENERAL WELFARE:
PLEASE STATE HOW THE SPECIAL USE WILL NOT BE INJURIOUS TO THE USE AND ENJOYMENT OF OTHER PROPERTY IN THE IMMEDIATE VICINITY FOR THE PURPOSE ALREADY
PERMITTED, NOR SUBSTANTIALLY DIMINISH AND IMPAIR PROPERTY VALUES WITHIN THE NEIGHBORHOOD:
PLEASE STATE HOW THE ESTABLISHMENT OF THE SPECIAL USE WILL NOT IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT AND IMPROVEMENT OF SURROUNDING
PROPERTY FOR USES PERMITTED IN THE DISTRICT:
PLEASE STATE HOW ADEQUATE UTILITIES, ACCESS ROADS, DRAINAGE OR OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED:
APPLICATION FOR
SPECIAL USE
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois, 60560
Telephone: 630-553-4350
Fa x: 630-553-7575
Website: www.yorkville.il.us
8 OF 9
SPECIAL USE STANDARDS
PLEASE STATE HOW ADEQUATE MEASURES HAVE BEEN OR WILL BE TAKEN TO PROVIDE INGRESS OR EGRESS SO DESIGNED AS TO MINIMIZE TRAFFIC CONGESTION IN THE
PUBLIC STREETS:
PLEASE STATE HOW THE SPECIAL USE SHALL IN ALL OTHER RESPECTS CONFORM TO THE APPLICABLE REGULATIONS OF THE DISTRICT IN WHICH IT IS LOCATED, EXCEPT AS
SUCH REGULATIONS MAY IN EACH INSTANCE BE MODIFIED BY THE CITY COUNCIL PURSUANT TO THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION:
AGREEMENT
I VERIFY THAT ALL THE INFORMATION IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND AND ACCEPT ALL REQUIREMENTS AND FEES AS
OUTLINED AS WELL AS ANY INCURRED ADMINISTRATIVE AND PLANNING CONSULTANT FEES WHICH MUST BE CURRENT BEFORE THIS PROJECT CAN PROCEED TO THE NEXT
SCHEDULED COMMITTEE MEETING.
I UNDERSTAND ALL OF THE INFORMATION PRESENTED IN THIS DOCUMENT AND UNDERSTAND THAT IF AN APPLICATION BECOMES DORMANT IT IS THROUGH MY OWN FAULT
AND I MUST THEREFORE FOLLOW THE REQUIREMENTS OUTLINED ABOVE.
PETITIONER SIGNATURE DATE
OWNER SIGNATURE DATE
OWNER HEREBY AUTHORIZES THE PETITIONER TO PURSUE THE APPROPRIATE ENTITLEMENTS ON THE PROPERTY.
THIS APPLICATION MUST BE
NOTARIZED PLEASE NOTARIZE HERE:
9 OF 9
PETITIONER DEPOSIT ACCOUNT/
ACKNOWLEDGMENT OF
FINANCIAL RESPONSIBILITY
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois, 60560
Telephone: 630-553-4350
Fa x: 630-553-7575
Website: www.yorkville.il.us
PROJECT NUMBER: FUND ACCOUNT
NUMBER:
PROPERTY ADDRESS:
PETITION/APPROVAL TYPE (check appropriate box(es) of approval requested):
CONCEPT PLAN REVIEW AMENDMENT (TEXT) ANNEXATION REZONING
SPECIAL USE MILE AND 1/2 REVIEW ZONING VARIANCE PRELIMINARY PLAN
FINAL PLANS PLANNED UNIT DEVELOPMENT FINAL PLAT
PETITIONER DEPOSIT ACCOUNT FUND:
It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to
cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund
include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal
fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account
is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn
against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive
an invoice refl ecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the
Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related
to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff , consultants, boards and commissions may
be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the
Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15th of the month in order for the refund check to be
processed and distributed by the 15th of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided
when the account was established.
ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY
NAME: COMPANY
MAILING ADDRESS:
CITY, STATE, ZIP: TELEPHONE:
EMAIL: FAX:
FINANCIALLY RESPONSIBLE PARTY:
I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville,
I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/
Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of
funds. Should the account go into defi cit, all City work may stop until the requested replenishment deposit is received.
PRINT NAME TITLE
SIGNATURE DATE
ACCOUNT CLOSURE AUTHORIZATION
DATE REQUESTED: ________________________________________ COMPLETED INACTIVE
PRINT NAME: ___________________________________________ WITHDRAWN COLLECTIONS
SIGNATURE: ____________________________________________ OTHER
DEPARTMENT ROUTING FOR AUTHORIZATION: COM. DEV. BUILDING ENGINEERING FINANCE ADMIN.
Exhibit C
Transportation Circulation
SA-SS;>~l)/
c.;:;( 1. (._...
referred to as "SECOND PARTY":
200800014601
Fi lelf for R.ecol'd fn
KENDALL COUNTY, !ILINor~
RfNNETTA B MICKELSON .,
06-16-2008 At 10:37 a.~
M!lEEMENT (2 oo'
RHSP Surciia.r!I! ' 10.0I)
e MEADOWVALE,
ferred to as "FIRST
· l e Illinois, hereinafter
THIS INDENTURE, made this 19 1h day of Ma>: 20 8 et
INC., of 109 Beaver Street, Yorkville, Jllinois, lllinoid\e i1
PARTY," and MARGARETE. KNELL, of 201 Beaver){v;~r
WITNESSEm ( (\.
WHEREAS, the FIRST PARTY is l Ll e u .. J simple of a certain parcel of
described as follows:
ALL OF LOTS 4 AND 5 AND THAT PAIT , 0 'S /\ND 7, BLOCK I, FOX
INDUSTRIAL PARK, UNIT 1, YORKVTL ·,E, • D LL COUNTY, ILUNOIS,
DESCR1BED AS FOLLOWS: COMMEN ' A'J I IE SOUTHEAST CORNER OF SAID
LOT 7; THENCE SOUTH 88°15'53" , ·, A . G THE SOUTH LINE OF SAID LOT
AND THE SOUTH LINE OF SAID LC ~r: A .,. 'ANCE OF 153.33 FEET FOR THE POINT
OF BEGINNING; THENCE NORTH I 44 '' WEST, 211.0 FEET; THENCE NORTH
88°15'53" EAST, 75.33 FEET; THEN . . · 01°44'07" WEST, 144.88 FEET TO THE
NORTH LINE OF SAID LOT 7; E RTH 89°58'06" WEST, ALONG SAID NORTH
LINE AND THE NORTH LINE S I T 6 TO THE NORTHWEST CORNER OF SAID
LOT 6; THENCE SOUT N , THE WEST LINE OF LOT 6, TO THE
SOUTHWEST CORNE T E . F; ENCE EASTERLY ALONG THE SOUHT LINE OF
SAID LOT 6, TO THE P . . GINNING IN THE UNITED CITY OF YORKVILLE,
KENDALL OUNT lLL
WHEREAS, the FIRST PAR TY is also the owner in fee simple of a certain parcel of
vacant land, which is referred to herein as the "MEADOWV ALE SHARED ACCESS PARCEL,
and is legally described as follows:
THAT PART OF LOT 7 IN BLOCK I OF FOX INDUSTRJAL PARK, UNIT l, YORKVILLE ,
KENDALL COUNTY, ILLINOIS, DESCRJBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 88°15'53" WEST, ALONG THE SOUTH
LINE OF SAID LOT 7 AND THE SOUTH LINE OF LOT 6 OF SAID BLOCK I, A DISTANCE OF
I S3.33 FEET ; THENCE NORTH 01 °44'07" WEST, 211 .0 FEET; THENCE NORTH 88°15'53" EAST,
75.33 FEET; THENCE NORTH 01°44'07" WEST , 32.47 FEET FOR THE POINT OF BEGINNING;
THENCE SOUTH 88°15'53" WEST, 35.0 FEET; THENCE NORTH 01 °44'07" WEST, 113.49 FEET
TO THE NORTH LINE OF SAID LOT 7; THENCE SOUTH 89°58'06" EAST, ALONG SAID NORTH
LINE, 35.01 FEET TO A LINE DRAWN NORTH 01 °44'07" WEST FROM THE POINT OF
BEGINNING; THENCE SOUTH 01 °44'07" EAST, 112.41 FEET TO THE POINT OF BEGINNING IN
THE UNITED CITY OF YORK.VILLE, KENDALL COUNTY, ILl,..INOI~
(containing 0.0908 acres)
Commonly known as: 109 Beaver Street, Yorkville, Kendall n , Illinois 60560
Tax Parcel#: OS-04-l 04-049 (affects land and otl1 p p
WHEREAS, the SECOND PARTY is the o wne r~ f. e le f a certain parcel of
improved land, which is referred to herein as the "KNELL y;.~, is legally described as
follows :
THAT PART OF LOTS 6 AND 7, BLOCK I, FOX IN , ARK, UNIT I,
YORKVILLE, KENDALL COUNTY, ILLJNOIS/"1l.E S JB .A FOLLOWS: BEGINNING
AT THE SOUTHEAST CORNER OF SAID L ~;,/11 N OUTH 88°15'53" WEST
ALONG THE SOUTH LINE OF SAID LO TS, I 3 T ; EN CE NORTH 01 °44'07"
WEST, 211.0 FEET; THENCE NORTH 88° 7 .33 FEET; THENCE NORTH
01°44'07" WEST, 144.88 FEET TO THE ·• SAID LOT 7; THENCE SOUTH
89°58'06" EAST ALONG SAID NORTH . F ·T TO THE NORTHEAST
CORNER OF SAID LOT 7; THENCE SO 1° ~· 'J ' EAST ALONG TIIE EAST LINE
OF SAID LOT 7, A DISTANCE OF 353.4 'T( "H · POINT OF BEGINNING IN THE
UNITED CITY OF THE VILLAGE Oij E. KENDALL COUNTY, ILLINOIS.
(containing l.000 acres) 9 Commonly known as: 20 J Bea ·r tr t Yorkville, Kendall County, Illinois 60560
Tax Parcel #: 05 -0 5
WHEREAS, the 'C Y is the owner in fee simple of a certain parcel of
vacant land, which is refi rr s the "KNELL SHARED ACCESS PARCEL, and is
l egally described as fo ll o
THAT PART OF L01 7 n.,i BL
KENDALL COUNTY , ~IJ Ol
SOUTHEAST CORNER F . Al
LINE OF SAID LOT 7 AN T E
I F FOX INDUSTRJAL PARK, UNIT l, YORK.VILLE ,
ESCRl13ED AS FOLLOWS: COMMENCING AT THE
lOT 7; THENCE SOUTH 88°15'53" WEST, ALONG THE SOUTH
OUT !-1 LlNE OF LOT 6 OF SAID BLOCK l , A DISTANCE OF
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153.33 FEET; THENCE NORTH 01 °44'07" WEST, 211.0 FEET; THENCE NORTH 88°15'53" EAST,
75.33 FEET; THENCE NORTH 01°44'07" WEST, 32.47 FEET FOR POINT OF BEGINNING;
THENCE NORTH 01°44 '07'' WEST, 112 .41 FEET TO THE NORTH LINE OF SAID LOT 7; THENCE
SOUTH 89°58'06" EAST, ALONG SAID NORTH LINE, 78.04 FEET TO THE NORTHEAST
CORNER OF SAID LOT 7; THENCE SOUTH 01°44'07" EAST, ALONG THE EAST LINE OF SAID
LOT 7, A DISTANCE OF 110.0 FEET TO ALINE DRAWN NORTH 88°15'53" EAST FROM THE
POINT OF BEGINNING; THENCE SOUTH 88°15'53West, 78.0 FEET TO THE POINT OF
BEGINNING IN THE UNITED ClTY OF YORKVILLE, KENDALL COUNTY, ILLINOfS.
(containing 0.1991 acres)
Commonly known as: A Northerly portion of property at 201 Beaver St.,
Yorkville, Kendall County, Illinois 60560
Tax Parcel#: 05-04-104-050 (affects land and other property)
WHEREAS, FIRST PARTY is conveying a Fifty (50%) percent ownership interest to
SECOND PARTY of the MEADOWVALE SHARED ACCESS PA ~L; and
WHEREAS, SECOND PARTY is conveying a Fifty (50%) p ce~ ownership interest to
FIRST PARTY of the KNELL SHARED ACCESS PARCEL; and \
WHEREAS, after the above conveyances by and b~e TY and SECOND
PARTY, a new legal description will be created , whic i. r f1 e/1\ to h_erein as the JOINT
SHARED ACCESS PARCEL and is legally described as fo i: U
THAT PART OF LOT 7 IN BLOCK I Of FOX INDUSTRIA P · , I' I, YORKVILLE,
KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLL ·~ . N CfNG AT THE
SOUTHEAST CORNER OF SAID LOT 7; THENCE U 8°1. ' '.I WEST, ALONG THE SOUTH
LINE OF SAID LOT 7 AND THE SOUTH UNE O 6 ) BLOCK I, A DISTANCE OF
153.33 FEET; THENCE NORTH 0)0 44'07" WES • !IT; . NCE NORTH 88°15 '53" EAST,
75.33 FEET; THENCE NORTH 01°44'07" WES ·, 3 E ·:r-POINT OF BEGINNING;;
THENCE SOUTH 88°15'53" WEST, 35.0 F'EE ; CE TH 01°44'07" WEST, 113.49 FEET
TO THE NORTH LINE OF SAID LOT 7; T N 'O . 5 8'06" EAST, ALONG SAID NORTH
LINE, 113.05 FEET TO THE NORTHEAST C R • AJD LOT 7; THENCE SOUTH 01 °44'07"
EAST , ALONG THE EAST LINE OF SAID L T , A S ANCE OF 110 .0 FEET TO A LINE
DRAWN NORTH 88°15'53" EAST FROM TH T · BEGINNING; THENCE SOUTH
YORKVILLE, KENDALL COUNTY, IL M_ c ini ng 0 .2899 acres)
88°\5'53" WEST, 78.0 FEET TO THE PO~ G NNTN G IN THE UNITED CITY OF
WHEREAS, the above prop · tiV adjacent to each other and share a common
boundary line, fonning an a pp rox· a s t-w st division between the two properties .
WHEREAS, the ar1· de ·re to establish and maintain a mutually owned and
maintained vehicle acces d1 :ve d ua y sized and constructed to allow turn-arotmd access for
a 53' semi-tractor and troil c m ·n io n.
WHERE AS, th part! s 1u ually desire to set forth terms of access and maintenance
thereof along with ri d re p ns ibiliti es of the parties in relation thereto.
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NOW, THEREFORE, THIS INDENTURE WITNESSES that, pursuant to said
agreement, and in consideration of the sum of TEN DOLLARS ($10.00), receipt whereof is
hereby acknowledged, the parties hereto mutually covenant and agree as follows:
I. RECIPROCAL EASEMENT FOR INGRESS AND EGRESS DATED MAY 30,
2001: This Shared Access Easement Agreement is intended to and does hereby replace the
Reciprocal Easement for Ingress and Egress dated May 30, 2001 by and between the parties
hereto. Said Reciprocal Easement for Ingress and Egress is hereby declared null and void.
2. GRANT OF EASEMENT: FIRST PARTY hereby grants unto the SECOND
PARTY an<l SECOND PARTY'S successors and assigns full and free right and liberty for the
SECOND PARTY, its successors and assigns, and/or its tenants, guests, and licensees, at all
times hereafter, for all lawful purposes connected with the use and enjoyment said land of the
Grantee, to pass and repass along the MEADOWV ALE SHARED ACCESS PARCEL described
above, with or without vehicles, for the purpose of ingress and e ss for all vehicular traffic
specifically including semi-tractor trailer combinations within the DOWV ALE SHARED
ACCESS PARCEL now owned by the FIRST PARTY; PROV E
SECOND PARTY, shall not unreasonably interfere with the reaso b use, by the FIRST
PARTY, its successors and assigns, and/or its tenants, gues t , a ic sees at all times
hereafter. I (}
3. GRANT OF EASEMENT: SECOND PA iilr/;; rants unto the FIRST
PARTY and FIRST PARTY'S successors and assigns full n ree ighl and liberty for the
FIRST PARTY, its successors and assigns, and/or its te,~,t · uc and licensees, at all times
hereafter, for all lawful purposes connected with the use en · nL said land of the Grantee,
to pass and repass along the KNELL SHARED .C • P :L described above, with or
without vehicles, for the purpose of ingress . s · !l vehicular traffic specifically
including semi-tractor trailer combinations w·t 1 h , SHARED ACCESS PARCEL
now owned by the SECOND PARTY; PR \ I ~ h ·t e use of said FIRST PARTY, shall
not unreasonably interfere with the reason I ·e, y e 'ECOND PARTY. its successors and
assigns, and/or its tenants, guests, and licen ·e , !
4. DURATJON: This Agreem shall inure to the
benefit and use of the parties hereto, l es , ors and assigns, and/or tenants, guests, and
licensees, at all times hereafter, or unti ns I rminated by agreement of the owners of the
respective properties hereto. \)
5. PARKING: It is a agr cd that neither party will allow vehicles to park
anywhere upon the JOINT S ~-CESS PARCEL or upon the MEADOWVALE
SHARED ACCESS PAR E r u n he KNELL SHARED ACCESS PARCEL in such a
fashion so as to block a ·e::.· t tH ot party to improved portions of the driveway or to the
other party's loading doc , r i ei1hcr party allow vehicles to be parked overnight on the
JOINT SHARED A CES ' L or upon the MEADOWV ALE SHARED ACCESS
PARCEL or upon t e ~~~~ E D ACCESS PARCEL absent the consent of the other,
which shall not be un ·as V itbheld.
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6. INSTALLATION COSTS: It is mutually agreed, that in consideration for the
contemplated transfer of Fifty (50%) percent ownership of the KNELL SHARED ACCESS
PARCEL from SECOND PARTY to FIRST PARTY, that FIRST PARTY will pay for the
installation of improvements necessary to create and initially establish the driveway and
turnaround contemplated herein.
7. MAINTENANCE: The parties agree that except for the initial installation
expense, all reasonable and necessary costs for the maintenance, repair, upkeep, and replacement
of the driveway and turnaround, which shall include but not be limited to the expenses necessary
to purchase and install gravel, asphalt, concrete, resurfacing, sealing, crack-filling, and paint
striping;"'as agreed between the parties from time to time, shall be divided equally between the
parties. *ALONG WITH ICE AND SNOW REMOVAL
8. ANNUAL REAL ESTATE TAXES: The FIRST PARTY shall timely pay the
first installment of 2008 real estate taxes owed on the JOINT SH ·D ACCESS PARCEL due
and payable in 2009 and each year thereafter. The SECOND I TY shall timely pay the
second installment of 2008 real estate taxes owed on the JOINT Sf -D ACCESS PARCEL
due and payable in 2009 and each year thereafter. Each party sha s ply proof of timely
payment of the same to the other upon demand. Ll \
9. RIGHT TO REIMBURSEMENT: In the e ··n( f,JJN,a'rt, s cannot agree upon
the necessity, cost, or choice of contractor for repair, rc pla • ( 't). ntenanc e of the above
described driveway improvements, the controversy shall fi.rs l. e · bmi ed to arbitration prior to
either party initiating litigation against the other. The that the decision of the
arbitrator shall be binding and conclusive. The p1'e\<aiH g a I be entitled to recover from
the non-prevailing party its reasonable costs an tto 1 . s n any arbitration or ensuing
litigation between the parties related to the cnfor ~· is
the day :d~!~~~Swr'it~!:~:.· the pan· H r t '\5 er eun1 0 set their hand and seals on
FIRST l'ARTY: MEADOWVALE, ',
STATE OF ILLINOIS
Public in and for said County, in the State aforesaid, do
J\RT, as President, and PAUL STEINWART, as Secretary
known to me to be the same persons whose names are
before me this day in person, and
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acknowl edged that they signed , sealed, and delivi:red the said instrument as their free and
voluntary act, for the use s wid purpo se there.i n set forth .
Given under my hand and notary seal, this 19th day of May, 2008.
Of'FICl,Al SEAL
STEPHEN L. KRENTZ
Notary Public • Slate of Illinois
My Commlaalon Expires Mar OB, 2011
SECOND PARTY:
ST ATE OF ILLINOIS )
) SS .
COUNTY OF KENDALL )
Given under my hand and notary se
THIS DOCUMENT PR EPAR
A FTER RECORDA TIO
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Summary
As the City Council recently approved a proposal from KCJ Restoration, LLC for the
redevelopment of the Old Jail property at 111 W. Madison within the downtown, staff was to review
the proposed plan for multi-family units (apartments) conforms with the zoning ordinance. The
property is zoned B-1 Local Business District, which is primarily intended for commercial and
professional uses in proximity to residential areas so as to provide convenient shopping and services
that meet the needs and enhance the quality of life for those surrounding neighborhoods. While this
zoning district also allows residential dwelling units to encourage mixed use buildings, they are only
permitted above the 1st floor up to a maximum of two (2) units.
In an effort to assist in the successful redevelopment of the Old Jail, yet keep with the
original intent of the B-1 Local Business District, staff is proposing a text amendment that would
allow multi-family dwelling units on all floors of existing buildings zoned B-1 Local Business
District within the downtown historic commercial as a Special Use, provided that at least 25% of the
overall gross square feet of the building area is utilized for commercial purposes.
Proposed Text Amendment
The proposed text amendment would allow apartment units (multi-family dwellings) on the
ground floor of any existing building being redeveloped, rehabilitated or as part of any adaptive use,
which is zoned B-1 and located
within the downtown as a Special
Use. The text amendment proposes
to further stipulate that at least 25%
of the overall gross square feet of the
building area is utilized for
commercial purposes to keep the
intent of a mixed-use building and
remain consistent with the core
commerce aspect of the B-1 zoning
district. The downtown historic
commercial core, as referenced in
this and other similar ordinances,
shall refer to the area defined in the
Comprehensive Plan Update 2016 as
bounded by the Fox River on the
north, Fox Street to the south, Mill
Street to the east, and Main Street to
the west, as illustrated to the right.
Memorandum
To: Planning and Zoning Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: September 17, 2019
Subject: PZC 2019-25 B-1 Permit Multi-Family Units on Ground
Floor as Special Use within Downtown (Text Amendment)
As illustrated on the zoning map provided on the previous page, there are a limited number of
currently zoned B-1 Local Business District parcels in the downtown historic core which includes the
Old Jail, the County-owned former Olson Property and a single-family residence. This further
restricts the overuse of this provision allowing apartment dwellings on 1st floor levels of otherwise
commercially zoned land within and outside of the downtown. This proposed text amendment also
takes into consideration the potential adoption of the Yorkville Overlay District’s Form-Based Code.
As proposed, the text amendment is a hybrid of the current zoning ordinance’s B-1 standards which
allows a maximum of two (2) apartments on upper stories, and the proposed Downtown Living
Building type of the Form-Based Code which allows residential dwelling units on the ground floor
provided that they are at least twenty-feet (20’) from the front primary façade.
Below is the proposed amendments in red staff is proposing to the current zoning ordinance
in Table 10.06.01 of Chapter 6: Permitted and Special Uses.
TABLE 10.06.01
RESIDENTIAL USES
Use
Category
Zoning Districts
Ag
Open
Space Residential Business Manufacturing
A-1
OS-
1
OS-
2
E-
1
R-
1
R-
2
R-
2D
R-
3
R-
4 O B-1
B-
2
B-
3
B-
4 M-1 M-2
Dwelling,
duplex
- - - - - - P P P - - - - - - -
Dwelling,
multi-
family
- - - - - - - P P - P2 /S3 S2 S2 S2 S2 S2
P = Permitted use S = Special use - = Not permitted use
Notes:
1. 10 acre minimum.
2. Apartments above the first floor in a building used for business or as live/work space above a
manufacturing use shall be permitted up to a maximum of 2 apartments.
3. Apartment units are allowed on all floors of existing buildings zoned B-1 Local Business
District within the downtown historic commercial core, as defined by the Comprehensive
Plan Update 2016, as a Special Use, provided that at least 25% of the overall gross square
feet of the building area is utilized for commercial purposes.
Staff Recommendation
Staff believes the proposed text amendment will assist in moving the proposed adaptive reuse
of the historic jail property forward while keeping with the intent of the district and the pending
Yorkville Downtown Overlay District’s Form-Based Code.
Proposed Motion for Amendments
In consideration of testimony presented during a Public Hearing on October 9, 2019, the
Planning and Zoning Commission recommends approval to the City Council of a request to
amend the United City of Yorkville Zoning Ordinance as presented by staff in a memorandum
dated September 17, 2019 and further subject to {insert any additional conditions of the Planning
and Zoning Commission} …
Attachments
1. Public Hearing Notice
2. Draft Ordinance
PUBLIC NOTICE OF A HEARING BEFORE
THE UNITED CITY OF YORKVILLE
PLANNING AND ZONING COMMISSION
PZC 2019-25
NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall
County, Illinois, petitioner, is proposing a text amendment to “Chapter 6: Permitted
Uses.” The amendment to Chapter 6 will revise Table 10.06.01 Residential Uses to
identify multi-family dwelling as a Special Use with the B-1 Local Business District.
The Special Use in the B-1 Local Business District will allow apartment units on all
floors of an existing building within the downtown historic commercial core,
provided that at least twenty-five percent (25%) of the overall gross square feet of
the building area is utilized for commercial purposes. The downtown historic
commercial core, as defined by the Yorkville Comprehensive Plan Update 2016, is
bounded by the Fox River on the north, Fox Street to the south, Mill Street to the
east, and Main Street to the west.
NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for
the United City of Yorkville will conduct a public hearing at a meeting on said
amendments on Wednesday, October 9, 2019 at 7 p.m. at the Yorkville City Hall,
located at 800 Game Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without
further notice being published.
All interested parties are invited to attend the public hearing and will be given an
opportunity to be heard. Any written comments should be addressed to the United
City of Yorkville Community Development Department, City Hall, 800 Game Farm
Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall
County, Illinois.
LISA PICKERING
City Clerk
Ordinance No. _____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AMENDING TABLE 10.06.01 RESIDENTIAL USES OF CHAPTER 6:
PERMITTED USES REGARDING B-1 LOCAL BUSINESS DISTRICT TO ALLOW
MULTI-FAMILY DWELLING UNITS ON ALL FLOORS OF EXISTING BUILDINGS
WITHIN THE DOWNTOWN COMMERCIAL CORE AS A SPECIAL USE
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, pursuant to Section 10-4-10 of the Yorkville Zoning Ordinance the City
may initiate amendments to the Yorkville Zoning Ordinance; and,
WHEREAS, the City filed seeking an amendment to the Yorkville Zoning Ordinance to
permit accessory building and structures to be built on contiguous lots under single ownership
under certain provisions; and,
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on July 10, 2019, to consider the request and made recommendations to the City Council to
approve the requested text amendments.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: The above recitals are incorporated and made a part of this Ordinance.
Section 2: That Table 10.06.01 of the United City of Yorkville Zoning Ordinance of the
Yorkville City Code be and is hereby amended by adding “Dwelling, Multi-Family” as a Special
Use in the list of uses under the B-1 Local Business District as follows:
TABLE 10.06.01
RESIDENTIAL USES
Use
Category
Zoning Districts
Ag
Open
Space Residential Business Manufacturing
A-1
OS-
1
OS-
2
E-
1
R-
1
R-
2
R-
2D
R-
3
R-
4 O B-1
B-
2
B-
3
B-
4 M-1 M-2
Dwelling,
multi-
family
- - - - - - - P P - P2 /S3 S2 S2 S2 S2 S2
2
P = Permitted use S = Special use - = Not permitted use
Notes:
1. 10 acre minimum.
2. Apartments above the first floor in a building used for business or as live/work space above a
manufacturing use shall be permitted up to a maximum of 2 apartments.
3. Apartment units are allowed on all floors of existing buildings zoned B-1 Local Business District
within the downtown historic commercial core, as defined by the Comprehensive Plan Update 2016,
as a Special Use, provided that at least 25% of the overall gross square feet of the building area is
utilized for commercial purposes.
Section 3: This Ordinance shall be in full force and effect after its passage, publication,
and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _______________, 2019.
LISA PICKERING
City Clerk
DAN TRANSIER ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
SEAVER TARULIS ________ JASON PETERSON ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _______________, 2019.
____________________________________
Mayor
Proposed Request:
The petitioner, Dean Edmeier, on behalf of
Grande Reserve (Chicago) ASLV VI, LLLP,
owner/developer, is seeking Final Plat approval for
an approximately 52-acre site consisting of 171 new
residential lots located in the northeast quadrant of
Galena Road and Mill Road in Yorkville. The
subject property was originally annexed as a part of
a larger multi-unit residential development approved
by the City of Yorkville in 2003. Currently, Units 26
and 27 (Neighborhood 1) are vacant and utilized for
agricultural purposes, as permitted by the annexation
agreement. Both units are zoned R-2 Single Family
Traditional Residence District Planned Unit
Development (PUD) and part of “The Colonies”, a
villa-style, age-targeted housing product offered in
Grande Reserve. Additionally, a recent amendment
to the Grande Reserve Annexation Agreement
permits the developer to construct an unlimited
number of three (3) bedroom ranch or two-story
homes in the remaining lots to be built within these
units.
Proposed Final Plat of Resubdivision:
Preliminary plans for both Units 26 and 27
were approved by the City Council in December
2006 but have since expired. The proposed Final
Plat of Subdivision generally conforms to those
originally approved plans. As proposed, the final
plat illustrates lots a clustering of lots around private cul-de-sac streets along a main collector road,
Millbrook Circle, a future dedicated public street. The area breakdown of the proposed final platted area
is as follows:
AREA SUMMARY
Land Type Acres Square Feet
Lots 1 - 171 29.900 1,302,445
Lot 3035 (Open Space) 10.848 472,552
Outlots S-1 – S-14 (Private Streets) 7.880 343,273
Dedicated R.O.W. (Public Streets) 3.664 159,589
TOTAL 52.292 Acres 2,277,859 SF
All cul-de-sacs proposed will be private and maintained by the homeowner’s association. Per the original
Annexation Agreement, the cul-de-sacs will also provide for on-street guest parking. In addition to city
staff review, the Oswego Fire District (OFD) has reviewed the proposed Final Plat of Subdivision to
Memorandum
To: Planning and Zoning Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: October 1, 2019
Subject: PZC 2019-22 Grande Reserve – Units 26-27 (Final Plat)
Proposed Approval of 171 lots in 2 New Units of Grande Reserve
ensure their standards for truck turn around in the private cul-de-sacs is met, since this area of the Grande
Reserve development is serviced by OFD.
Building Setback:
Proposed lot setbacks for front yard, side yard and rear yard are consistent with the requirements set forth
in Exhibit E-2 of the approved annexation agreement as detailed below:
BUILDING SETBACK REQUIRED MINIMUM PROPOSED SETBACK
Front 20’ 20’
Side (Interior) 7.5’ 7.5’
Side (Corner) 20’ 20’
Rear 20’ 20’
Rear Building to Rear Building Min. 40’ 40’
Proposed Phasing of Development:
The petitioner proposes to development Units 26 and 27 of Grande Reserve in four (4) phases
with roughly 45 lots per phase. As requested by staff, the water main in Phase 1 will be looped and
connected to the adjacent Unit 23 water main just south of Gains Ct. The water main in Phase 2 will be
looped and connected back to the existing water main on E. Millbrook Circle. While staff supports the
phasing of the development, bonding will be required by unit and not by phase, as required by the City’s
Subdivision Control Ordinance.
Staff Comments:
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 August 13, 2019 were provided to the applicant (see attached). These
comments were addressed in a revised Final Plat for Units 26 and 27 submitted by the petitioner on 09-
03-19. Additional review comments were provided by the City Engineer in a letter dated September 27,
2019 (attached).
Based upon the review of the proposed Final Plat of Subdivision of Grande Reserve Unit 26-27,
staff believes the submitted plans are consistent with the approved development site plan and the current
subdivision control regulations.
Proposed Motion:
In consideration of the proposed Final Plat of Subdivision of Grande Reserve Units 26 and 27, the
Planning and Zoning Commission recommends approval of the plats to the City Council as presented
by the Petitioner in plans prepared by Manhard Consulting, Ltd. dated last revised 09-03-19, subject to
review comments provided by the City Engineer, EEI, Inc. dated August 13, 2019 and September 27,
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 Subdivision of Grande Reserve Unit 26 and 27 prepared by Manhard Consulting Ltd.,
dated 07-31-19.
3. Proposed Watermain Phasing Exhibit prepared by Manhard Consulting Ltd., dated 07/11/2019.
4. EEI Letter to the City dated August 13, 2019.
5. EEI Letter to the City dated September 27, 2019.
PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE UNIT - 26UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION15
PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE UNIT - 26UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION25
PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE UNIT - 26UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION35
PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE UNIT - 26UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION45
PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE UNIT - 26UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION5536993699
PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE UNIT - 27UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION15
PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE UNIT - 27UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION25
PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE UNIT - 27UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION35
PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE UNIT - 27UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION45
PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVE UNIT - 27UNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION5536993699
PROJ. MGR.:
DRAWN BY:
DATE:
SCALE:
SHEET
PROJ. ASSOC.:DATEREVISIONSDRAWN BYTMGRANDE RESERVECITY OF YORKVILLE, ILLINOISWATERMAIN PHASING EXHIBITPHP
Summary
Proposed 2020 meeting schedule for the Planning and Zoning Commission.
Meeting Schedule for 2020
For 2020, if the Planning and Zoning Commission would like to continue meeting the
second Wednesday of the month at 7:00 p.m., the proposed meeting dates would be as follows:
• January 8, 2019
• February 12, 2019
• March 11, 2019
• April 8, 2019
• May 13, 2019
• June 10, 2019
• July 8, 2019
• August 12, 2019
• September 9, 2019
• October 14, 2019
• November 18, 2019 (Please note: 3rd Wednesday of month due to Veterans Day holiday)
• December 9, 2019
Recommendation
Staff recommends review of the proposed meeting dates and time so that a meeting
schedule can be finalized for 2020.
Memorandum
To: Planning and Zoning Commission
From: Lisa Pickering, City Clerk
CC: Bart Olson, City Administrator
Krysti Barksdale-Noble, Community Development Director
Date: October 1, 2019
Subject: Planning and Zoning Commission Meeting Schedule for 2020