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Economic Development Packet 2020 02-04-20AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, February 4, 2020 6:00 p.m. City Hall Conference Room 800 Game Farm Road, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: January 7, 2020 New Business: 1. EDC 2020-07 Building Permit Report for December 2019 2. EDC 2020-08 Building Inspection Report for December 2019 3. EDC 2020-09 Property Maintenance Report for December 2019 4. EDC 2020-10 Economic Development Report for January 2020 5. EDC 2020-11 Menard’s – Final Plat of Resubdivision 6. EDC 2020-12 Kendall Marketplace – Final Plat and PUD Amendment 7. EDC 2020-13 Renewal of Intergovernmental Agreement with Kendall County for Building Inspection Services 8. EDC 2020-14 7821 Route 71 (Special Use) 1.5 Mile Review Old Business: Additional Business: 2019/2020 City Council Goals – Economic Development Committee Goal Priority Staff Southside Development” 4 Bart Olson, Krysti Barksdale-Noble & Lynn Dubajic Downtown and Riverfront Development” 5 Bart Olson, Tim Evans & Krysti Barksdale-Noble Metra Extension” 7 Bart Olson, Rob Fredrickson, Eric Dhuse, Krysti Barksdale-Noble & Erin Willrett Manufacturing and Industrial Development” 8 (tie) Bart Olson, Krysti Barksdale-Noble, Erin Willrett, Lynn Dubajic, Eric Dhuse & Brad Sanderson Expand Economic Development Efforts” 10 Krysti Barksdale-Noble & Lynn Dubajic Revenue Growth” 13 Rob Fredrickson, Krysti Barksdale-Noble & Lynn Dubajic Entrance Signage” 17 Krysti Barksdale-Noble & Erin Willrett United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, February 4, 2020 6:00 PM CITY HALL CONFERENCE ROOM CITIZEN COMMENTS: MINUTES FOR CORRECTION/APPROVAL: 1. January 7, 2020 Approved __________ As presented With corrections NEW BUSINESS: 1. EDC 2020-07 Building Permit Report for December 2019 Informational Item Notes ___________________________________________________________________________ 2. EDC 2020-08 Building Inspection Report for December 2019 Informational Item Notes ___________________________________________________________________________ 3. EDC 2020-09 Property Maintenance Report for December 2019 Informational Item Notes ___________________________________________________________________________ 4. EDC 2020-10 Economic Development Report for January 2020 Informational Item Notes ___________________________________________________________________________ 5. EDC 2020-11 Menard’s Plat of Resubdivision Moved forward to CC __________ Approved by Committee __________ Bring back to Committee __________ Informational Item Notes ___________________________________________________________________________ 6. EDC 2020-12 Kendall Marketplace – Final Plat and PUD Amendment Moved forward to CC __________ Approved by Committee __________ Bring back to Committee __________ Informational Item Notes ___________________________________________________________________________ 7. EDC 2020-13 Renewal of Intergovernmental Agreement with Kendall County for Building Inspection Services Moved forward to CC __________ Approved by Committee __________ Bring back to Committee __________ Informational Item Notes ___________________________________________________________________________ 8. EDC 2020-14 7821 Route 71 (Special Use) 1.5 Mile Review Moved forward to CC __________ Approved by Committee __________ Bring back to Committee __________ Informational Item Notes ___________________________________________________________________________ ADDITIONAL BUSINESS: Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Economic Development Committee – January 7, 2020 Economic Development Committee – February 4, 2020 Majority Committee Approval Minute Taker Name Department Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, January 7, 2020, 6:00pm City Conference Room In Attendance: Committee Members Vice-Chairman Jason Peterson Alderman Ken Koch Alderman Joel Frieders Absent: Alderman Jackie Milschewski Other City Officials City Administrator Bart Olson Community Development Director Krysti Barksdale-Noble Senior Planner Jason Engberg Code Official Pete Ratos Alderman Chris Funkhouser Other Guests Lynn Dubajic, City Consultant Katie Finlon, Kendall County Record The meeting was called to order at 6:00pm by Vice-Chairman Jason Peterson. Citizen Comments None Minutes for Correction/Approval December 3, 2019 The minutes were approved by a unanimous voice vote. New Business 1. EDC 2020-01 Building Permit Report for November 2019 Mr. Ratos reported 15 single-family detached homes and 16 single-family attached permits. He added that building has begun in Raintree. 2. EDC 2020-02 Building Inspection Report for November 2019 There were 315 inspections done in November mainly for single family homes. There is a slowdown in roof inspections now, but overall there are 836 roofs that have been/will be inspected. 3. EDC 2020-03 Property Maintenance Report for November 2019 Mr. Ratos said four cases were heard in November with one being for a vehicle without plates and with flat tires sitting in a driveway for 1.5 years. The owner was found liable and fined. The committee discussed possible legal options. Page 2 of 3 4. EDC 2020-04 Economic Development Report for December 2019 Ms. Dubajic noted her report in the packet and also highlighted other items: 1. Popeye's Chicken will come to Yorkville and will be located in front of Menards/next to Rosati's. It will be a free-standing store and open in about four months. 2. SEAL school has closed on their property. 3. Yorkville Professional Center (former Hatcher building) has new ownership. Castle Orthopedics has moved to main Rush campus. 4. Pho Shack Noodles opening. 5. Casa Santiago closed and will re-open as Butcher Block 360 in 3 weeks and cabinet business has opened here as well. 6. Bowling alley will re-open and be leased by owners of Roadhouse. 7. Parfection Park is under contract and assisted living facility to be built. 8. Raging Waves is adding a new slide. 5. EDC 2020-05 Annual Foreclosure Update Ms. Noble stated foreclosures have decreased in the last two years and that Ward 4 had the highest number. Kendall County is no longer in the top five for foreclosures. Ms. Dubajic also noted a Channel 5 news item saying that Kendall County had the highest income level in Illinois. 6. EDC 2020-06 Comprehensive Plan Amendment Discussion a. City Council Approved Changes Mr. Engberg said five different projects had been approved since 2017 that contradict the future land use plan. That involved zoning and special uses and the amendment would be a cleanup for those items. Those projects were Cedarhurst, Casey's, Coffman Carpets, Heartland Business Center and Hively Windmill Farms. Alderman Koch questioned if it would be a good move to change the zoning at Schoolhouse Road now. Ms. Noble replied staff is waiting to see who shows interest to avoid pre-empting any future development. This item will move forward to Public Hearing in February. b. Eldamain Road Corridor Ms. Noble said this is a Comp Plan amendment request for the Eldamain Corridor north of the train tracks. The County requested the City to look at this area for a possible change from estate/conservation zoning to industrial uses. She gave a history of this area and said the focus became 400 acres of industrial parcels along Eldamain south of Galena. She noted that most industrial users are heavy water users and need utilities. At that time, the city did not change the Comprehensive Plan. The County has now sent another request for the City to reconsider this area's zoning since the State has approved $45 million for Eldamain river crossing improvements. Ms. Noble asked the committee to look at this request and the changes that have occurred. She noted two parcels rezoned by the County in this area. She said the two options are to keep the current zoning or amend to general industrial or agriculture. She will forward this matter to the PZC depending on the recommendation. Page 3 of 3 Mr. Olson noted that this area has been considered a number of times for large State- initiated projects that were seeking sites. Alderman Frieders noted that if the City changes the zoning, it puts the City in line with the County vision. If the zoning does not change and the City is trying to attract industrial, it may not encourage the development of adjacent properties and could be a deterrent to development of the sites, said Mr. Olson. Ms. Noble noted that the parcels in questions are not actually in the City, but they would need water from the City. It was noted that Menards on Eldamain has their own well and they also pay for it. The committee recommended that staff do a formal revision of the map. Old Business: 1. EDC 2019-91 Art Program This topic was discussed at a previous meeting and staff had requested feedback. Ms. Noble contacted various educational institutions requesting their input and coordination. The Parks and Rec Department contributed many ideas for projects and collaboration. Staff also came up with several possible projects and other communities were researched. She said staff is requesting to move forward with this plan and a draft ordinance was also provided for consideration. Alderman Frieders say the buy-in from the schools is very important and projects become a “badge of honor” and will last many years. He said there could be a public art grants available as well and Ms. Noble added the costs could be varying. Mr. Frieders complimented the staff for a great job. Alderman Koch suggested taking the concept even beyond the school district and said projects like this afford exposure for art students beyond the projects. This will move forward to City Council for consideration. Additional Business: There was no further business and the meeting adjourned at 6:55pm. Minutes respectfully submitted by Marlys Young, Minute Taker Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #1 Tracking Number EDC 2020-07 Building Permit Report for December 2019 Economic Development Committee – February 4, 2020 N/A N/A N/A Informational None All permits issued in December 2019. D. Weinert Community Development Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #2 Tracking Number EDC 2020-08 Building Inspection Report for December 2019 Economic Development Committee – February 4, 2020 N/A N/A N/A Informational None All inspections scheduled in December 2019. D. Weinert Community Development Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #3 Tracking Number EDC 2020-09 Property Maintenance Report for December 2019 Economic Development Committee – February 4, 2020 Informational None Pete Ratos Community Development Name Department Page | 1 Property Maintenance Report December 2019 Adjudication: 11 Property Maintenance Cases heard in December 12/09/2019 N 4059 1802 Candleberry Ln Building Permits Continued N 4060 Lot 6 Yorkville Bus Center Fencing Standards Dismissed N 4061 883 Canyon Tr Motor Vehicle Dismissed N 4062 204 B Hillcrest Ave Motor Vehicle Dismissed 12/23/2019 N 4063 401 Honeysuckle Ln Plumbing Codes Dismissed N 4064 1411-1447 Cannonball Tr Exterior Property Liable $150 N 4065 1411-1447 Cannonball Tr Screenings Liable $150 N 4066 2754 Alan Dale Ln Fencing Standards Liable $150 N 4067 983 S Carly Cir Weeds Liable $750 N 4068 1023 S Carly Cir Junk, Trash Liable $750 N 4069 1032 S Carly Cir Junk, Trash Liable $750 Memorandum To: Economic Development Committee From: Pete Ratos, Code Official CC: Bart Olson, Krysti Barksdale-Noble, Lisa Pickering Date: December 31, 2019 Subject: December Property Maintenance Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #4 Tracking Number EDC 2020-10 Economic Development Report for January 2020 Economic Development Committee – February 4, 2020 N/A See attached. Bart Olson Administration Name Department 651 Prairie Pointe Drive, Suite 102 • Yorkville, Illinois 60560 Phone 630-553-0843 • FAX 630-553-0889 Monthly Report – for February 2020 EDC Meeting of the United City of Yorkville January 2020 Activity Downtown Redevelopment: Working with Polo Jimenz and family. “Casa Santiago” has permanently closed and renovations are being completed to transition to their new Farm to Table concept. The new restaurant name is “Butcher Block 360”. The new restaurant will have a grand opening in February, but is actually conducting a soft opening at this time. If parties are interested in hours of operations at this point, they should check Polo Jimenz’s Facebook page. Working with the owners of “Bella Donna” as they begin a new concept in their existing space. “Bella Donna” will cease operations at the end of February. The business will be closed for 1 to 2 weeks for some cosmetic adjustments and new signage, and will reopen as Mandrake”. The new “Mandrake” concept will be open for lunch and dinner. Their focus will be seasonal small plates, and fine dining with wine pairings. Working with Shawn LaBrasseur from “Build For Tomorrow” on the “Kendall County Family Bureau Building”, as his group prepares to begin discussion with City on the redevelopment of the building. Development south of Fox River: Working with a number of businesses that are looking at “Fountain Village” for leased space. Working with owners of “Mike More Miles”, who are now operating the former Merlin’s location on South Bridge Street. This operation is providing all the same services as Merlin’s, and has the same friendly staff. They are also fulfilling all guarantee work by this former and all Merlin’s locations. Working with RAMM development group who has put the former “Par-Fection” property under contract. The project has now officially been named “Royal Oasis Senior Living of Yorkville”. RAMM has hired HR Green to develop the plan. The group has met with City Staff, and is aiming for an early February application submittal date. Development north of the Fox River: Kendall Crossing…Construction continues for “Hacienda Real” building (opening early in 2020), and “The Opal Banquet and Event Center” (opening later in 2020). Working with TJ Nguyen who is preparing to open “Pho Shack Noodles & Grill” at 1218 N. Bridge Street. This 1,256 square foot space at Yorkville Marketplace, is located between Little Caesars and Fast Burrito. TJ’s goal is to open in April of 2020. The restaurant will focus on pho soup, vegan choices, Cajun foods, and rice dishes. Yorkville Pinz” (the former Yorkville Bowl) is reopening! The team from the Roadhouse Route 47, is taking over this Yorkville favorite. Look for the reopening to take place in February 2020. Kendall Marketplace…Continue to work perspective inline tenants, tenants for a future multi-tenant out lot building, and a national restaurant for new construction on an out lot and with Alex’s broker, Jason Pesola. Officially announced the new construction of an approximate 1,800 square foot “Verizon” store, and a 1,200 square foot “Smoothie King”. Both buildings will be stand-alone single tenant buildings. Smoothie King will include a drive through. Gas & Wash” has officially started construction at Water Park Way & Route 47 Popeyes” will build and open a free-standing restaurant with drive thru service in front of Menard’s. The location is immediately north of the existing “Rosati’s Pizza” building. Plans are to start construction this spring and will take approximately 4 months. Industrial Development: Continue to work with “Morton Buildings” as they begin building their construction center in Yorkville Business Center. Recreation: Go for it Sports”…continue working with the center. “Go For It Sports” continue to create exciting new programs for all ages including Super Bowl Sports Nights”, and “A Cornhole Tournament”. Other Activity: Personally, met with 40 existing Yorkville businesses in January. Attended the quarterly SBA meeting in Chicago, to learn about programs available to assist our local business community. Respectfully submitted, Lynn Dubajic 651 Prairie Pointe Drive, Suite 102 Yorkville, IL 60560 lynn@dlkllc.com 630-209-7151 cell Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memorandum. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #5 Tracking Number EDC 2020-11 Menards – Final Plat of Resubdivision Economic Development Committee – February 4, 2020 10-8-19 Approval of Final Plat of Subdivision PZC 2019-21 Majority Vote Proposed Plat of Resubdivision of Lots 1&2 in the Menards Commercial Commons Krysti J. Barksdale-Noble, AICP Community Development Name Department Proposed Request: The petitioner, Tyler Edwards, on behalf of Menard., Inc. is seeking to again resubdivide Lots 1 2 of the recently approved final plat for the Menard’s Commercial Commons. This is an approximately 37-acre parcel located in the northeast quadrant of Marketview Drive and E. Countryside Parkway. 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: The recently approved final plat adjusted the parcel line northward separating the existing Lots 1 and 2 to allow an addition to the yard gate for an automatic express entrance lane being implemented at all of Menard’s store locations. However, the petitioner is seeking to realign the parcel line again to position Lot 2 for immediate sale. While the previously approved addition of the gate will move forward, the plat is being revised to reduce the lot line to the minimum distance needed for the project and leave enough land for a future development. Below are the recently approved Final Plat (left) and the proposed Final Plat (right): Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: December 3, 2019 Subject: PZC 2020-02 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 November 26, 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, staff believes the submitted plans are consistent with the approved development site plan and the current subdivision control regulations. Therefore, we intend to recommend approval of the proposed Final Plat to the Planning and Zoning Commission at the March 11, 2020 meeting with final determination by the City Council at a subsequent meeting. Should you have any questions regarding this matter; staff will be available at Tuesday night’s meeting. Attachments: 1. Copy of Petitioner’s Application 2. Proposed Final Plat of Resubdivision of Menard’s Commercial Commons Seventh Addition prepared by Craig R. Knoche & Associates dated 11-11-19. 3. Recently Approved Final Plat of Resubdivision of Menard’s Commercial Commons Seventh Addition prepared by Craig R. Knoche & Associates dated 06-12-19. 4. EEI Letter to the City dated November 26, 2019 re: Menards Plat of Resubdivision. Scale 1"=100' 060402010080200150400300of2SheetFile:Date:Job:Preparedfor:PlatofResubdivisionLandPlannersfax (630) 845-1275SurveyorsCivil EngineersGeneva, Illinois60134phone (630) 845-127024NorthBennett StreetCivil Engineers, P.C.CraigR. Knoche & AssociatesCraigR. Knoche & AssociatesCivil Engineers, P.C.RegisteredDesignFirm3763119-02519- 025RP16-12-19Menard'sCommercialCommonsSeventh 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 ofMenard' s Commercial Commons, asubdivisionof part of Section21,Township 37North, Range7Eastof the ThirdPrincipal Meridianin the United Cityof Yorkville, Kendall County, Illinois. S10°07'07"W5.50PublicUtilityEas e m en tPublic Utility E a s e m e n t Public Utility Ea se me n t Public Utility EasementPublic Utility EasementPublicUtility Ordinance No. 2020-____ Page 1 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) ORDINANCE No. 2020-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE FINAL PLAT OF THE MENARD’S COMMERCIAL COMMONS SEVENTH ADDITION RESUBDIVISION 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, Menard, Inc. (the “Petitioner”) has filed an application and petition for approval of the Final Plat of the Menard’s Commercial Commons Seventh Addition Resubdivision of Lots 1 and 2 of property generally located in the northeast quadrant of Marketview Drive and E. Countryside Parkway, an approximately 37-acre area part of a larger multi-parcel commercial development; and, WHEREAS, the Planning and Zoning Commission convened and held a public meeting on March 11, 2020 to consider the Final Plat of the Menard’s Commercial Commons Seventh Addition Resubdivision; and, WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Chapter 3 and 4 of Title 11 of the Yorkville Subdivision Control Ordinance and made a recommendation to the Mayor and City Council (“the Corporate Authorities”) for approval of the resubdivision and the Final Plat of the Menard’s Commercial Commons Seventh Addition Resubdivision. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated herein and made a part of this Ordinance. Section 2: That the Corporate Authorities hereby approve the Final Plat of the Menard’s Commercial Commons Seventh Addition Resubdivision for the property legally described and attached hereto and made a part hereof by reference as Exhibit A. Ordinance No. 2020-____ Page 2 Section 3: That the Corporate Authorities hereby approve the Final Plat of Menard’s Commercial Commons Seventh Addition Resubdivision as prepared by Craig R. Knoche & Associates, Geneva, Illinois, dated November 11, 2019 attached hereto and made a part hereof as Exhibit B and authorize the Mayor, City Clerk, City Administrator and City Engineer to execute said Plat. Section 4: That the City Clerk is hereby authorized pursuant to Section 11-2-3.H of the Yorkville Subdivision Control Ordinance to file a copy of this ordinance and the Final Plat of Menard’s Commercial Commons Seventh Addition Resubdivision with the Kendall County Recorder of Deeds. Section 5: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ____________________, 2020. CITYCLERK KEN KOCH ________ DAN TRANSIER ________ 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 ____________________, 2020. MAYOR EXHIBIT A Legal Description Being a resubdivision of Lots 1 and 2 of Menard's Commercial Commons Fifth Addition, Yorkville, Kendall County, Illinois, being a resubdivision of Lot 1 and part of Lot 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 City of Yorkville, Kendall County, Illinois. EXHIBIT B Final Plat Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #6 Tracking Number EDC 2020-12 PZC 2020-03 Kendall Marketplace Lot 52 (Final Plat and PUD Amendment) Economic Development Committee – February 4, 2020 Details proposed final plat of resubdivision request for Kendall Marketplace Lot 52 And a request to change language in the existing development agreement (2006-125) Jason Engberg Community Development Name Department PROPOSED REQUEST: The petitioner, Luz M. Padilla, Abby Properties, LLC is seeking to amend Article III, Part 2 of Ordinance 2006-125 to modify the design standards for single-family attached homes. The petitioner is seeking to change the language to align with the approved single-family detached requirements approved in 2018. Additionally, the petitioner is seeking Final Plat approval for an approximately 26.2-acre site consisting of 48 lots for single-family attached dwelling units and 2 lots for open space and future phases of development. Memorandum To: Economic Development Committee From: Jason Engberg, Senior Planner CC: Krysti Barksdale-Noble, Community Development Director Bart Olson, City Administrator Date: January 29, 2020 Subject: PZC 2020-03 Kendall Marketplace Lot 52 – Phase 1 PUD Amendment, Final Plat) PROPERTY SUMMARY: The subject property is currently zoned as R-3 Multi-Family Attached Residence District as part of the Kendall Marketplace Planned Unit Development. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North R-2 Single-Family Traditional Residence District Detached Homes Kylyn’s Ridge Subdivision East B-3 General Business District R-1 Single-Family Suburban Residence District R-3 Multi-Family Attached Residence District Home Depot Baseball Field Farmland South B-3 General Business District Retention Pond West A-1 Agricultural (Kendall County) Farmland EXISTING DEVELOPMENT AGREEMENT: Per Article II of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, “[t]he development of the property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit “B” as illustrated below: Conceptual Plan – The proposed Final Plat of Resubdivision keeps with the intent of the original concept plan for the townhome portion of the development. While the plan illustrates additional townhomes on Lot 2, this will be resubdivided at a later date as shown in the phasing plan submitted by HR Green. The phasing plan illustrates lots which are also consistent with the approved plan. AGREEMENT AMENDMENT: The petitioner is requesting to remove the following language in the existing Development Agreement, Article III, Part 2: Single Family Attached Residential Unit Design Standards: a. Masonry products* shall be incorporated on the front facade* of 100% of the total townhome buildings. b. A minimum of 50% of the front facade* of each building shall incorporate masonry products*. c. A minimum of 50% of each building elevation shall incorporate premium siding material*. d. Each unit shall include two (2) enclosed parking spaces. The petitioner would like to replace the original language with the following standards: Single Family Attached Residential Unit Design Standards: a. All homes shall have some type of covered entry point. b. All homes shall have a 2-car garage with raised panel garage doors. c. All front elevation windows shall have grilles in the windows. d. All homes shall have architectural shingles. e. 100% of the homes shall have at least 20% brick or stone (cultured) on the first floor elevation on the walls that run parallel to the street. Below is an example of a potential elevation: Below is an example of the elevations for the single-family homes (Ord. 2018- 30): Additionally, the petitioner will be requesting a reduction in certain fees in a separate economic incentive development agreement. This request does not require a public hearing and will not be reviewed by the Planning and Zoning Commission. A separate form will be submitted by the petitioner requesting a reduction and this will be reviewed by the Economic Development Committee and City Council in a separate process. STAFF COMMENTS: The proposed Final Plat of Resubdivision meets the original conceptual plan for the attached single- family homes of this development. Additionally, the potential phasing exhibit also shows future phases will align with the plan as well. In terms of the request to modify the development agreement, many of the modifications are in line with the already approved changes for the single family detached units adjacent to the site (Ord. 2018-30). Both the materials proposed and percentages of masonry products on the buildings are similar. The petitioner is providing more masonry product as all their units will incorporate the material and the detached homes are only required to have masonry on 75% of the total units. The garages, windows, and shingles are exactly the same as the approved detached home requirements. The proposed requests are scheduled for Planning and Zoning Commission review on March 11, 2020. A recommendation will be forwarded to the City Council for consideration at the April 14, 2020 regularly scheduled meeting. Staff is seeking input and comments from the Economic Development Committee. ATTACHMENTS: 1. Petitioner Applications 2. Lot 52 Phase 1 Final Plat 3. Kendall Marketplace Phasing Exhibit 4. Unit Elevations and Building Plans 5. Ordinance 2006-15 6. Ordinance 2018-30 APPLICATION FOR AGREEMENT AMENDMENT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us 1 OF 7 INTENT AND PURPOSE: Annexation Agreements specify the desired zoning and other requested approvals (i.e., bulk regulations, variances, building codes, development impacts and contributions, etc.) that will affect the property and successor owners. Planned Unit Development (PUD) Agreements are unique and a complex form of zoning which differs from the conventional approval process allowing for flexibility in the design and land use of larger scale developments. Such approvals require agreements that are contractual in nature, therefore an amendment must be sought when a change, minor or substantial, in the original terms of the annexation or Planned Unit Development (PUD) Agreement occurs. This packet explains the process to successfully submit and complete an Application to Amend an Annexation or Planned Unit Development Agreement. It includes a detailed description of the process and the actual application itself. Please type the requied 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 Amendment process, please refer to “Title 10, Chapter 4, Section 10 Amendments” of the Yorkville, Illinois City Code. 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 fit in a 10” x 13” enve- lope. Appropriate filing 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 aplication is complete or if additional information is needed. These materials must be submitted a minimum of forty five (45) days prior to the targeted Planning & 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/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. APPLICATION PROCEDURE: STAGE 1 Submit Application, Fees, and All Pertinent Information to the Community Development Department STAGE 2 Plan Council Review (if applicable) Meets on the 2nd and 4th Thursday of the Month STAGE 4 Planning & Zoning Commission Public Hearing (PUD only) 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 3 Economic Development Committee Meets on the 1st Tuesday of the Month dotloop signature verification: dtlp.us/cYJk-6IQh-uiAE APPLICATION FOR AGREEMENT AMENDMENT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us 2 OF 7 STAGE 2: PLAN COUNCIL REVIEW Petitioner may present the proposed amended 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 Official, 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 & Zoning Commission hearing. STAGE 3: ECONOMIC DEVELOPMENT COMMITTEE Petitioner must present the proposed amendment agreement and/or plan to the Economic Development Committee. Economic Development Committee meets at 7:00 p.m. on the 1st Tuesday of each month in the Yorkville City Hall Conference Room. 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 & ZONING COMMISSION PUBLIC HEARING (PUD ONLY) 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 certified public hearing notices to adjacent property owners within five hundred (500) feet of the subject property no less than fifteen (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 certified affidavit must be filed by the petitioner with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. The Certified Mailing Affidavit form is attached to this document and must be submitted prior to the scheduled Plan Commission meeting. STAGE 5: CITY COUNCIL PUBLIC HEARING Petitioner will attend the City Council meeting where the recommendation of the proposed amendment will be considered. The City Council meets on the 2nd and 4th Tuesdays of the month at 7:00pm. City Council will make the final approval of the amendment. 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 petitioner has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety (90) days from the time of notification. The petitioner has not responded in writing to a request for information or documentation from the initial planning and zoning commission review within six (6) months from the date of that request. The petitioner 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 petitioner 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 filing of a completely new application. Withdrawal or termination of an application shall not affect the petitioner’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 petitioner. (Ord. 2011- 34, 7-26-2011) dotloop signature verification: dtlp.us/cYJk-6IQh-uiAE APPLICATION FOR AGREEMENT AMENDMENT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us 3 OF 7 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: 500.00 500.00 1,000.00 dotloop signature verification: dtlp.us/cYJk-6IQh-uiAE APPLICATION FOR AGREEMENT AMENDMENT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us 4 OF 7 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: LIST ALL GOVERNMENTAL ENTITIES OR AGENCIES REQUIRED TO RECEIVE NOTICE UNDER ILLINOIS LAW: ZONING AND LAND USE OF SURROUNDING PROPERTIES NORTH: EAST: SOUTH: WEST: KENDALL COUNTY PARCEL IDENTIFICATION NUMBER(S) December 18, 2019 Townes of Kendall Market Place Luz M. Padilla, Manager Abby Properties, LLC 12347 Woodview Drive Plano, IL 60545 630-273-2528 abbypropertiesllc@gmail.com 630-273-2146 Abby Properties, LLC N/A 1000 Blackberry Shore (Lot 52) , Yorkville, IL 60560 Located north of Kendall Marketplace commercial property. South of single family homes and Yorkville Parks and Recreation Department property. Attached homes Single family homes Single family homes Commercial Single family homes 02-19-481-001 02-20-353-010 02-20-353-001 dotloop signature verification: dtlp.us/cYJk-6IQh-uiAE APPLICATION FOR AGREEMENT AMENDMENT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us 5 OF 7 PROPERTY INFORMATION NAME OF AGREEMENT: DATE OF RECORDING: SUMMARIZE THE ITEMS TO BE AMENDED FROM THE EXISTING AGREEMENT: 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 five 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”. Petitioner must attach a true and correct copy of the existing agreement and title it as “Exhibit C”. Petitioner must attach amendments from the existing agreement and title it as “Exhibit D”. APPLICATION FOR AGREEMENT AMENDMENT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us 6 OF 7 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: 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. DATE OWNER HEREBY AUTHORIZES THE PETITIONER TO PURSUE THE APPROPRIATE ENTITLEMENTS ON THE PROPERTY. PETITIONER SIGNATURE OWNER SIGNATURE DATE Mark Metzger Law Office of Mark C. Metzger 1807 W. Diehl Rd. #105 Naperville, IL 60563 630-615-6380 Mark@MarkMetzger.net 630-225-5056 David Schultz HR Green 2363 Sequoia Drive Suite 101 Aurora, IL 60506 630-553-7560 dschultz@hrgreen.com 630-553-7646 Bernard Bauer HR Green 2363 Sequoia Drive Suite 101 Aurora, IL 60506 630-553-7560 630-553-7646bbauer@hrgreen.com l U LUZ dotloop verified 12/20/19 10:48 AM CST UZOG-GVVH-HNGW-FOHZAshleyRheaShields dotloop verified 12/20/19 10:46 AM CST PXUJ-CN42-EHBW-JLPJ Luz M. Padilla for Abby Properties LLC dotloop signature verification: dtlp.us/cYJk-6IQh-uiAE 7 OF 7 PETITIONER DEPOSIT ACCOUNT/ ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Te lephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us PROJECT NUMBER: FUND ACCOUNT NUMBER: PROPERTY ADDRESS: APPLICATION/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 reflecting 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 deficit, 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. Luz M. Padilla, Manager Luz M. Padilla, Manager Abby Properties, LLC Abby Properties, LLC 12347 Woodview Dr. 12347 Woodview Dr. Plano, IL 60545 6302732012 abbyproperties.llc@gmail.com 6302732146 Luz M Padilla Manager 12202019 dotloop verified 12/20/19 10:46 AM CST ITC5-B6Q4-ONJL-CY8X Luz M. Padilla for Abby Properties LLC dotloop signature verification: dtlp.us/cYJk-6IQh-uiAE APPLICATION FOR PRELIMINARY PLAN & FINAL PLAT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us 1 OF 7 INTENT AND PURPOSE: The purpose of this application is to allow land to be divided and distributed in a way that conforms to the City of Yorkville’s standards and enhances the land’s value. Preliminary Plans and Final Plats allow the City Staff and local government to review how land will be developed and if it is ideal for that location within the city. This application is used to submit new preliminary plans and fi nal plats but may also be usedto ammend either of those documents. This packet explains the process to successfully submit and complete an Application for a Preliminary Plan and Final Plat. 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 applicant. The only item that needs to be submitted from this packet is the application. The rest of the packet is to help guide you through the process unto completion. STAGE 1: APPLICATION SUBMITTAL The following must be submitted to the Community Development Department: One (1) original signed application with legal description. Two (2) 11” x 17” copies each of the proposed drawings, location map, and site plan. Large items must be folded to fi t in a10” x 13” envelope. Appropriate fi ling fee. One (1) CD or portable USB drive containing an electronic copy (pdf) of each of the signed application (complete with exhibits), pro- posed drawings, location map, and site plan. Subdivision Plats: Three (3) full size copies and one (1) 11” by 17” copy depicting the originally platted lots, the proposed new lots, the proposed modifi cations and adjustments. Within one (1) week of submittal, the Community Development Department will determine if the aplication 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. Applicant is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by the City. Applicant 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 applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. 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 & 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 3 Economic Development Committee Meets on the 1st Tuesday of the Month STAGE 6 Final Plat Recording City Clerk’s Office dotloop signature verification: dtlp.us/EiAd-lWd6-j2UW APPLICATION FOR PRELIMINARY PLAN & FINAL PLAT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us 2 OF 7 STAGE 2: PLAN COUNCIL REVIEW Applicant 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 Official, 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, applicant will move forward to the Planning and Zoning Commission meeting. 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 & ZONING COMMISSION PUBLIC HEARING Applicant will attend a meeting conducted by the Planning & Zoning Commission. The Planning & Zoning Commission meets on the 2nd Wednesday of the Month at 7:00pm. The Planning & Zoning Commission will conduct a meeting on the request, discuss the request, and make a recommendation to City Council. STAGE 5: CITY COUNCIL PUBLIC HEARING Applicant must present the proposed subdivision replat to the City Council. The City Council meets the 2nd and 4th Tuesdays of every month at 7:00 p.m. in the Yorkville City Hall Council Chambers. The proposal will be discussed at the City Council hearing where formal voting takes place. City Council will make the fi nal approval of the replatting. STAGE 6: FINAL PLAT RECORDING Once the fi nal subdivision plat is approved by the City Council and all required documents, bonds, and letters of credit are submitted to the city, the fi nal plat must be recorded with Kendall County. Submit the fi nal plat mylar to the Deputy Clerk for signatures. When all city signatures are in place, the developer or his surveyor may take the mylar to the Kendall County Clerk for their signature. The next step is to have six (6) paper prints made and return to the Kendall County Recorder’s office for recording. Kendall County requires the mylar and four (4) paper copies. The City of Yorkville requires that you submit two (2) recorded paper copies to the Deputy Clerk. dotloop signature verification: dtlp.us/EiAd-lWd6-j2UW APPLICATION FOR PRELIMINARY PLAN & FINAL PLAT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us 3 OF 7 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) dotloop signature verification: dtlp.us/EiAd-lWd6-j2UW APPLICATION FOR PRELIMINARY PLAN & FINAL PLAT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us 4 OF 7 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: 500.00 5,000.00 5,500.00 dotloop signature verification: dtlp.us/EiAd-lWd6-j2UW APPLICATION FOR PRELIMINARY PLAN & FINAL PLAT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us 5 OF 7 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: TYPE OF REQUEST: PRELIMINARY PLAN FINAL PLAT AMENDED PREMILINARY PLAN AMENDED FINAL PLAT TOTAL LOT ACREAGE: CURRENT ZONING CLASSIFICATION: ATTACHMENTS Petitioner must attach a legal description of the property to this application and title it as “Exhibit A”. Luz M. Padilla Abby Properties, LLC 1951 Rena Lane Yorkville, IL 60560 630-273-2528 abbyproperties.llc@gmail.com 630-273-2146 Abby Properties, LLC N/A 1000 Blackberry Shore (Lot 52) , Yorkville, IL 60560 12347 Woodview Plano, IL 60545 dotloop signature verification: dtlp.us/EiAd-lWd6-j2UW APPLICATION FOR PRELIMINARY PLAN & FINAL PLAT United City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us 6 OF 7 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: 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. OWNER HEREBY AUTHORIZES THE PETITIONER TO PURSUETHE APPROPRIATE ENTITLEMENTS ON THE PROPERTY. PETITIONER SIGNATURE OWNER SIGNATURE DATE DATE Mark Metzger Law of Mark C. Metzger 1807 W. Diehl Rd. #105 Naperville, IL 60563 630-615-6380 Mark@MarkMetzger.net 630-225-5056 David Schultz HR Green 2363 Sequoia Drive Suite 101 Aurora, IL 60506 630-553-7560 dschultz@hrgreen.com 630-553-7646 Bernard Bauer HR Green 2363 Sequoia Drive Suite 101 Aurora, IL 60506 630-553-7560 630-553-7646bbauer@hrgreen.com dotloop verified 12/20/19 10:43 AM CST MR29-BHP5-QRLV-CG3IAshleyRheaShields dotloop verified 12/20/19 10:44 AM CST TRAI-VRRZ-V8MG-RG2HLuzM. Padilla for Abby Properties LLC dotloop signature verification: dtlp.us/EiAd-lWd6-j2UW 7 OF 7 PETITIONER DEPOSIT ACCOUNT/ ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY United City of Yorkville 800 Game Farm Road Yor kville, Illinois, 60560 Te lephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us PROJECT NUMBER: FUND ACCOUNT NUMBER: PROPERTY ADDRESS: APPLICATION/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. Yorkville, IL 60560 630-273-2528 abbyproperties.llc@gmail.com 630-273-2146 Luz M. Padilla President 12/20/2019 dotloop verified 12/20/19 10:44 AM CST UEJM-OLAW-MS4Q-D3C8LuzM. Padilla for Abby Properties LLC dotloop signature verification: dtlp.us/EiAd-lWd6-j2UW Exhibit A Legal Description PARCEL 1: LOTS 52 IN KENDALL MARKETPLACE SUBDIVISION, BEING A SUBDIVISION OF PART OF SECTIONS 19, 20, AND 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED MAY 7, 2007 AS DOCUMENT NUMBER 200700014779 IN UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PARCEL 2: EASEMENTS APPURTENANT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY THE OPERATION AND EASEMENT AGREEMENT DATED AS OF MAY 15, 2007, RECORDED MAY 24, 2007 AS DOCUMENT NUMBER 200700016695, KENDALL COUNTY, ILLINOIS. Tax PINS: 02-20-353-010; 02-20-353-011 AND 02-19-481-001 Address: 1000 Blackberry Shore Road, Yorkville, Illinois 60560 LOT AREASLOT #12101102103104105106107108109110111112113114115116117118119120121122123SQ.FT.164,918± 899,104±1,800±1, 500±1,500± 1,500±1,500±1,800±1,800± 1,500±1, 500±1,500±1,500±1,800± 1, 800± 1, 500± 1,500±1, 500± 1, 500± 1, 800± 1, 800± 1, 500± 1, 500± 1, 500± 1, 500± ACRES3. 786± 20. 641± 0. 041± 0. 034± 0. 034± 0. 034± 0. 034± 0. 041± 0. 041± 0. 034± 0. 034± 0. 034± 0. 034± 0. 041± 0. 041± 0. 034± 0. LOT AREASLOT #12101102103104105106107108109110111112113114115116117118119120121122123SQ.FT.164,918± 899,104±1,800±1, 500±1,500± 1,500±1,500±1,800±1,800± 1,500±1, 500±1,500±1,500±1,800±1,800±1,500±1, 500±1, 500±1, 500±1, 800±1, 800±1, 500±1, 500±1, 500±1, 500±ACRES3. 786±20. 641±0. 041±0. 034±0. 034±0. 034±0. 034±0. 041±0. 041±0. 034±0. 034±0. 034±0. 034±0. 041±0. 041±0. 034±0. 034±0. 034±0. 034±0. 041±0. 041±0. 034±0. 034±0. 034±0. 034±LOTAREASLOT #124125126127128129130131132133134135136137138139140141142143144145146147148SQ.FT.1,800± Illinois Professional Design Firm # 184-001322 2363 Sequoia Drive, Suite 101, Aurora, Illinois 60506 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com3 Illinois Professional Design Firm # 184-001322 2363 Sequoia Drive, Suite 101, Aurora, Illinois 60506 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com1 OF 1LOT 51KENDALL MARKETPLACEDOC. 200700014779REC. 50'-0" 32'-0"MASTERBEDROOM16'-10" x 10'- 8"W. I.C. GREAT ROOM2-CAR GARAGE19'- 6" x 50'-0" 25'-0"40'-0" 10'-0" 21'-0"4'-7" GREAT ROOM2- 25'-0" 21'-0" 7'-7"50'-0"25'-0" 15'-0"10'-0" 3'-0" 20'-5"GREAT ROOM2- 25'-0" 21'-0" 50'-0"40'-0" 10'-0" 4'-7"GREAT ROOM2- CAR GARAGE19'-6" x 29'-5"128128CULTURED STONE 30'-2" 33'-8"128CULTURED STONE 39'-8" DEJBBIJ= L111 Ej--I E RECORDER - KLNDALL COUNTY, IL RECORDED: 6/7/2818 11:34 AH ORDI: 39.80 RHSPS FEE: 18.08 PAGES: 4 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2018-30 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING AMENDED CONDITIONS FOR THE KENDALL MARKETPLACE PLANNED UNIT DEVELOPMENT Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 24h day of April,2018 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on May 24,2018. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2018- so AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING AMENDED CONDITIONS FOR THE KENDALL MARKETPLACE PLANNED UNIT DEVELOPMENT WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the Mayor and City Council approved by Ordinance Number 2006-125 dated October 26,2006, AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR KENDALL MARKETPLACE, establishing an amendment to the Kendall Marketplace planned unit development which was recorded in the office of the Kendall County Recorder as document 200700002839 on January 24, 2007; and, WHEREAS, McCue Builders Inc. (the "Developer") has filed an application to amend the final planned unit development single-family detached residential unit design standards for Kendall Marketplace contained in the planned unit Development Agreement; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on the Ila' day of April, 2018, to consider the request for the approval of the amended conditions of the planned unit development; and, WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-8-10 of the Zoning Ordinance in the Yorkville City Code and made a recommendation to the Mayor and City Council ("the Corporate Authorities") for approval of the amended planned unit development conditions. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated herein and made a part of this Ordinance. Ordinance No.2018-30 Page 2 Section 2: That the Corporate Authorities hereby approve the amendment of Article III paragraph 1 of the planned unit Development Agreement by deleting said paragraph and adding the following: 1. Single-family Detached Residential Unit Design Standards: a. All homes shall have some type of covered porch on the front elevation, b. All homes shall have a 2-car garage with raised panel garage doors, c. All front elevation windows shall have grilles in the windows, d. All homes shall have architectural shingles, e. At least 75%of the homes shall have at least a 7/12 pitch on the main roof, f. At least 75% of the homes shall have at least 25% brick or stone on the first floor elevation on the walls that run parallel to the street, and g. Homes that do not have any brick or stones on the front elevation shall be required to have the following: 1) All windows on the front elevation shall have shutters or be wrapped with 4 inch trim, 2) Windows in the upper panel of the garage door, and 3) Some type of Shake siding or Batten Board siding on the front elevation." for the Subject Property, legally described as: Lots 24 through 51, in Kendall Marketplace Subdivision, being a subdivision of part of Sections 19, 20, and 29, Township 37 North, Range 7 East of the third principal meridian, recorded May 7, 2007 as document number 200700014779 in the United City of Yorkville, Kendall County, Illinois, with Property Index Number(s) of 02-20-354-006; 02-20-354-005; 02-20-354-004; 02-20-354- 003; 02-20-354-002; 02-20-380-002; 02-20-380-001; 02-20-380-003; 02-20-354-001; 02-20- 352-010; 02-20-380-004; 02-19-480-008; 02-19-480-007; 02-19-480-006; 02-19-480-005; 02- 19-480-004; 02-19-480-003; 02-20-352-009; 02-20-352-008; 02-20-352-007; 02-20-352-005; 02-20-352-004; 02-20-352-003; 02-20-352-001; 02-19-480-002; 02-19-480-009; 02-20-352-002; 02-20-352-006; 02-19-480-001. Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of e United City of Yorkville, Kendall County, Illinois t ' day of 92018. IL CITY CLERK .` CARLO COLOSIMO Y KEN KOCH JACKIE MILSCHEWSKI V ARDEN JOE PLOCHER N, CHRIS FUNKHOUSER JOEL FRIEDERS SEAVER TARULIS I ALEX HERNANDEZ Ordinance No.2018-30 Page 3 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of MAY 2018. J1 11 A O Ordinance No.2018-30 Page 4 Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number New Business #7 Tracking Number EDC 2020-13 Kendall County Intergovernmental Agreement Renewal – Inspection Services Economic Development Committee – February 4, 2020 3/12/2019 Approval of Renewed Agreement Majority Approval Annual renewal of the Intergovernmental Agreement between the United City of Yorkville and Kendall County related to building & plumbing inspection services. Krysti J. Barksdale-Noble Community Development Name Department Summary In May 2013, the City approved Resolution 2013-13 which executed an intergovernmental agreement between the City of Yorkville and Kendall County for shared building inspection services, on an as need basis, for a term of three (3) years. And in 2014, the City approved an amendment to the agreement which added shared plumbing services via Resolution 2014-34 and a renewal to this agreement was approved in March 2016 via Resolution 2016-08; Resolution 2017-15 in March 2017; and Resolution 2018-05 in March of 2018. Each extending the reciprocal service for an additional year. Last year’s agreement renewal was approved via Res. 2019-11. Although the City now outsources some of its inspection services to B&F, staff feels this arrangement has worked very well for both the County and the City over the last several years. The following chart illustrates the number of reciprocal inspections conducted by each governmental entity for calendar years 2016, 2016, 2018 and 2019: 2016 2017 2018 2019 Kendall County inspections conducted by City 148 23 40 5 City inspections conducted by Kendall County 58 11 0 0 Since the existing agreement is set to expire on March 12, 2020, the proposed attached draft agreement is intended to continue the existing shared services agreement for an additional year with an option to renew annually upon written agreement between the City and the County. Proposed Agreement The basic substance of the agreement offers substitute inspection services for the City of Yorkville and Kendall County should the Code Officials of the respective government agencies be on vacation or otherwise unavailable to conduct their normal duties. The agreement, which is on an as need basis, consists of the following services when requested: footing inspections; backfill inspections; foundation wall inspections; concrete slab inspections; rough framing inspections; rough electric inspections; underground electric inspections; electrical service inspections; insulation inspections; roofing inspections and final inspections. In addition to these services, the agreement also includes rough plumbing and final plumbing inspections but does not include plan review or permit approval of plumbing work. The current intergovernmental agreement revised language related to commercial general liability and automobile liability which has been reviewed by the City Attorney and the city’s insurance carrier. Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Pete Ratos, Building Code Official Date: January 13, 2020 Subject: Renewed Kendall County Intergovernmental Agreement Reciprocal Building Inspection and Plumbing Inspection Services Staff Comments/Recommendation Both Yorkville’s Building Department staff and Kendall County’s Building Department believes that this back-up for inspection services is beneficial. Therefore, we support the extension of the agreement for an additional year. Kendall County’s Planning Building and Zoning Committee (PB&Z) will be reviewing this proposed amendment in within the next month, as well. Should you have any specific questions regarding the attached proposal; staff will be available at Tuesday night’s meeting. Resolution No. 2020-___ Page 1 Resolution No. 2020- A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL BUILDING INSPECTION SERVICES BETWEEN THE UNITED CITY OF YORKVILLE AND KENDALL COUNTY BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the Intergovernmental Agreement for Reciprocal Building Inspections Services Between Kendall County, Illinois and the United City of Yorkville, Illinois - 2020, attached hereto and made a part hereof by reference as Exhibit A, is hereby approved, and John Purcell, Mayor, and Lisa Pickering, City Clerk, be and are hereby authorized to execute said agreement on behalf of the United City of Yorkville. Section 2: This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2020. CITY CLERK KEN KOCH JACKIE MILSCHEWSKI CHRIS FUNKHOUSER SEAVER TARULIS DAN TRANSIER ARDEN JOE PLOCHER JOEL FRIEDERS JASON PETERSON Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2020. MAYOR Page 1 of 11 Exhibit A INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL BUILDING INSPECTION SERVICES BETWEEN KENDALL COUNTY, ILLINOIS AND THE UNITED CITY OF YORKVILLE, ILLINOIS - 2020 THIS INTERGOVERNMENTAL AGREEMENT (“the Agreement”) by and between the County of Kendall, a unit of local government of the State of Illinois (“Kendall County”) and the United City of Yorkville, Kendall County, Illinois (the “City”) a municipal corporation of the State of Illinois, is as follows: WITNESSETH: WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and WHEREAS, the City and Kendall County are units of local government within the meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and WHEREAS, pursuant to the authority granted by the Illinois Counties Code and Illinois Municipal Code (55 ILCS 5/1-1001, et seq. and 65 ILCS 5/1-1-1, et seq.), the County and City collectively referred to as the “Parties”) are both authorized to perform inspections of buildings within their respective jurisdictions to promote the health and safety of the public; and WHEREAS, units of local government may establish agreements with other units of local government within the State of Illinois to enforce building codes pursuant to 20 ILCS 3105/10.09- 1(f), which is commonly known as the Capital Development Board Act; and Page 2 of 11 WHEREAS, the County and City wish to share their resources and assist each other in the performance of inspections on an as needed basis, while not surrendering their own jurisdiction or relinquishing any of their rights. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows: Section 1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this Section 1. Section 2. a. The Parties agree that Kendall County Code Official Brian Holdiman and the United City of Yorkville Building Code Official Peter Ratos shall perform the following services on the other party’s behalf when requested: footing inspections; backfill inspections; foundation wall inspections; concrete slab inspections; rough framing inspections; rough electric inspections; underground electric inspections; electric service inspections; insulation inspections; roofing inspections and final inspections. In instances where Holdiman or Ratos inspect and find violations and a code enforcement action is required in court or administrative adjudication, Holdiman or Ratos may be requested to be a witness to verify any violations found during their inspection. If it is requested that either Ratos or Holdiman attend an administrative or court hearing in regard to violations, then they shall be given reasonable notice of no less than fourteen 14) days for such hearing and they shall attend as requested. b. The Parties agree that the United City of Yorkville Building Code Official Peter Ratos may, in his discretion, perform plumbing inspections on Kendall County’s behalf when requested. In instances where Ratos performs plumbing inspections and finds Page 3 of 11 violations and a code enforcement action is required in court or administrative adjudication, Ratos may be requested to be a witness to verify any violations found during his inspection. If it is requested that Ratos attend an administrative or court hearing in regard to violations, then he shall be given reasonable notice of no less than fourteen (14) days for such hearing and he shall attend as requested. Section 3. The Parties agree that the following inspection services shall not be provided under this agreement: plan review; permit approval, and; initial site inspections prior to a permit being issued. Section 4. Upon request, the Parties agree to coordinate and assist each other in the parties’ performance of the inspections set forth in Section 2 of this Agreement only under the following circumstances: a. If Kendall County Code Official Holdiman or City Building Code Official Ratos is absent from work due to illness, vacation, on an approved leave of absence, or otherwise unavailable to perform one or more of the above listed inspections within Section 2(a) for their respective jurisdiction; and/or b. If Kendall County Code Official Holdiman or City Building Code Official has a conflict of interest in performing one or more of the inspections set forth in Section 2(a) for their respective jurisdiction; and/or c. If the Kendall County Plumbing Contractor is absent from work due to illness, vacation, on an approved leave of absence, or otherwise unavailable to perform plumbing inspections for his or her respective jurisdiction; and/or d. If the Kendall County Plumbing Contractor has a conflict of interest in performing plumbing inspections for his or her respective jurisdiction. Page 4 of 11 For purposes of this Agreement, the party requesting assistance shall be referred to as “the home jurisdiction” and the party providing the inspection services assistance as set forth in Section 2 shall be referred to as “the visiting inspector”. Section 5. In the event the visiting inspector is unable to perform the inspection services set forth in Section 2 of this Agreement, the home jurisdiction shall be responsible for performing its inspection or shall be responsible for retaining and payment of a third party to perform the inspection. Section 6. When the visiting inspector performs an inspection on behalf of the home jurisdiction, the visiting inspector shall utilize the building codes of the home jurisdiction where the inspection is taking place. As such, when an inspection is within the corporate limits of the City, the Kendall County inspector shall use the building codes that are currently adopted and enforced by the City at the time of the inspection. When an inspection is in an unincorporated portion of Kendall County, where the County has jurisdiction, the City inspector shall utilize the building codes that are currently adopted and enforced by Kendall County at the time of the inspection. Section 7. When a home jurisdiction requests the visiting inspector’s assistance, the home jurisdiction shall provide a minimum of twenty-four (24) hours notice when there is a foreseeable need for the other party’s inspection services. In the event of an illness or other emergency, the parties agree to provide each other with as much advance notice as possible if a visiting inspector’s services are needed pursuant to Section 4. Section 8. Inspections must be completed using the proper jurisdiction’s forms. Prior to the commencement of any requested inspection, the home jurisdiction requesting assistance will prepare and provide all necessary inspection reports/forms for use by the visiting inspector Page 5 of 11 and deliver them to the visiting inspector prior to the inspection taking place. Following an inspection, the original, completed inspection reports/forms shall be returned to the home jurisdiction within twenty-four (24) hours after completion of the inspection. After the visiting inspector has returned the original, completed inspection reports/forms to the home jurisdiction, the visiting inspector shall not be required to retain the records of inspections for the home jurisdiction after performing inspections under this Agreement. Section 9. Neither the City nor Kendall County shall subcontract the services provided to the other under this agreement to a third-party inspector without the prior written consent of the other party. Section 10. There will be no compensation paid to, or by, either jurisdiction for the sharing of services under this Agreement. Section 11. When a visiting inspector performs an inspection under this Agreement for the home jurisdiction, the visiting inspector shall use their own equipment, tools and vehicles, and the home jurisdiction shall not be responsible for reimbursing the visiting inspector for mileage or any other expenses incurred by the visiting inspector. Section 12. The City and Kendall County shall each defend, with counsel of the other party’s own choosing, indemnify and hold harmless the other party, including past, present and future board members, elected officials, insurers, employees, and agents from and against any and all claims, liabilities, obligations, losses, penalties, fines, damages, and expenses and costs relating thereto, including but not limited to attorneys’ fees and other legal expenses, which the other party, its past, present and future board members, elected officials, insurers, employees, and/or agents may hereafter sustain, incur or be required to pay relating to or arising in any manner out of the inspections to be performed by the other party under this agreement. As such, Page 6 of 11 when the City performs an inspection for Kendall County, the City will defend with counsel of Kendall County’s own choosing, indemnify and hold harmless Kendall County as set forth above relating to the City’s and the City Building Code Official’s actions in the performance of their duties under this Agreement. When Kendall County performs an inspection for the City, Kendall County will defend with counsel of the City’s own choosing, indemnify and hold harmless the City as set forth above relating to Kendall County’s and the County Code Official’s actions in the performance of their duties under this Agreement. Section 13. Nothing in this agreement shall be deemed to change or alter the jurisdiction of either the City or Kendall County in any respect, including, but not limited to their building and zoning regulations, powers and duties. Section 14. This Agreement and the rights of the parties hereunder may not be assigned except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of such agreements. Section 15. This Agreement shall be interpreted and enforced under the laws of the State of Illinois. Any legal proceeding related to enforcement of this Agreement shall be brought in the Circuit Court of Kendall County, Illinois, Twenty-Third Judicial Circuit. In case any provision of this Agreement shall be declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed from this Page 7 of 11 Agreement, and in either case the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. Section 16. All notices required or permitted hereunder shall be in writing and may be given by (a) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in person, or (c) telecopying the same with electronic confirmation of receipt: If to the County: Director Kendall County Planning, Building & Zoning 111 West Fox Street, Room 203 Yorkville, Illinois 60560 Fax: 630-553-4179 With copy to: Kendall County State’s Attorney 807 John Street Yorkville, Illinois, 60560 Fax: 630-553-4204 If to the City: Community Development Director United City of Yorkville Building Safety and Zoning 800 Game Farm Road Yorkville, Illinois 60560 Fax: 630-553-7264 Or any such other person, counsel or address as any party hereto shall specify pursuant to this Section from time to time. Section 17. This Agreement may be executed in counterparts (including facsimile signatures), each of which shall be deemed to be an original and both of which shall constitute one and the same Agreement. Section 18. This Agreement represents the entire agreement between the parties and there are no other promises or conditions in any other agreement whether oral or written. Except Page 8 of 11 as stated herein, this agreement supersedes any other prior written or oral agreements between the parties and may not be further modified except in writing acknowledged by both parties. Section 19. Nothing contained in this Agreement, nor any act of Kendall County or the City pursuant to this Agreement, shall be deemed or construed by any of the parties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving Kendall County and the City. Further, nothing in this agreement should be interpreted to give Kendall County or the City any control over the other’s employees or imply a power to direct the employees of the other government body, which neither entity may exercise. Section 20. When performing inspections under the terms of this Agreement, Kendall County and City intend that any injuries to their respective employee shall be covered and handled exclusively by their jurisdiction’s own worker’s compensation insurance in place at the time of such injury. It is further agreed that all employee benefits, wage and disability payments, pension and worker’s compensation claims, damage to or destruction of equipment, facilities, clothing and related medical expenses of the City or Kendall County and their respective inspectors, which may result from their activities under this Agreement, shall be the responsibility of the jurisdiction which employs the inspector making such a claim. Section 21. The Parties will obtain and continue in force, during the term of this Agreement, all insurance as set forth below: (a) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 (or its equivalent) covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall Page 9 of 11 apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; (b) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage; (c) Workers’ Compensation: as required by the State of Illinois, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Jurisdiction maintains broader coverage and/or higher limits than the minimums shown above, the both Jurisdictions require and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to both Jurisdictions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) Additional Insured Status-Both jurisdictions, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the jurisdiction including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the jurisdiction’s insurance; (b) Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity; c) Verification of Coverage-Each Jurisdiction shall furnish the other with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to other before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the other’s obligation to provide them. Page 10 of 11 Each Jurisdiction reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Section 22. This Agreement shall be in full force and effect for a period of one (1) year from the date of the last signature below, however it may be renewed upon agreement of the parties in writing. Section 23. Either party may terminate this Agreement by providing thirty (30) calendar days’ advance written notice to the other party. However, any act of bad faith in the execution of duties under this Agreement shall result in immediate termination of the other party’s duties as laid out herein. For the purpose of this agreement, “bad faith” is an intentional dishonest act by not fulfilling legal or contractual obligations, misleading another, entering into an agreement without the intention or means to fulfill it, or violating basic standards of honesty in dealing with others. Also, the parties agree to provide prompt written notice within fifteen (15) calendar days to the other party if Kendall County Code Official Brian Holdiman’s or City Building Code Official Pete Ratos’ employment ceases for whatever reason. In such event, this Agreement shall immediately terminate upon receipt of said written notice. Section 24. The parties understand and agree that this Agreement in no way creates a joint employment relationship between the Parties. The Parties understand and agree that they are solely responsible for paying all wages, benefits and any other compensation due and owing to its employees for the performance of visiting inspector services set forth in this Agreement. The parties further understand and agree that the parties are solely responsible for making all required payroll deductions and other tax and wage withholdings pursuant to state and federal law for its employees who perform visiting inspector services as set forth in this Agreement. Section 25. Kendall County and the City each hereby warrant and represent that their Page 11 of 11 respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to execute this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers on the date below in the United City of Yorkville, Illinois. County of Kendall, a unit of local government United City of Yorkville, Kendall County, of the State of Illinois Illinois, a municipal corporation By: By: Chair, Kendall County Board Mayor Date: Date: Attest: Attest: County Clerk City Clerk Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #8 Tracking Number EDC 2020-14 PZC 2020-04 County Case 19-08 7821 Route 71 (special use) 1.5 Mile Review Economic Development Committee - February 4, 2020 Details a 1.5 mile review for a special use request in Kendall County at 7821 Route 71 Jason Engberg, AICP Community Development Name Department SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioner, Ronald Smrz on behalf of the Ronald Smrz Trust, is requesting special use authorization to establish a storage business for non-motorized pull behind campers at 7821 Route 71. The 17-acre parcel is located approximately 0.15 miles south of Van Emmon Road on the west side of Route 71. The petitioner plans on utilizing about 1 acre of their property for this land use. Memorandum To: Economic Development Committee From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: January 30, 2020 Subject: PZC 2020-04 –County Case 19-34 7821 Route 71 (special use) 1.5 Mile Review Site Location PROPOSED PROJECT: According to the site plan, as shown in the illustration above, the petitioner plans to offer rental space for fifty-one (51) parking stalls to store non-motorized pull behind campers. Prospective renters would meet with the petitioner at the property at a pre-arranged time to view the property, sign a contract, and receive their access code to store their vehicle. The storage will be a gravel area surrounded by a 6-foot-tall chain link fence and evergreen trees located to the east, south, and west sides of the area. Additionally, there will be a gravel drive leading up to the storage area which will provide 15 parking spaces for patrons. The petitioner plans to use the existing storage building as an office for the business and does not plan on building any new structures. The business will be open for operation from 6:30AM until 9:00PM and it will be run by the petitioner and his wife. They will be the only employees of this business. The petitioner’s findings of fact and Kendall County’s recommendations for the special use may be found on pages 5 and 6 of the attached County Memorandum. The petitioner originally submitted plans which indicated less landscaping and permitted recreational vehicles and boats. Several residential neighbors spoke against the petition at the Kendall County Zoning Board of Appeals meeting. Therefore, the petitioner has provided additional landscape screening and will only allow pull trailers which due not contain any gasoline or oil. Proposed Site Plan FUTURE TRAILS: The Yorkville Integrated Transportation Plan designates a proposed conceptual trail along Route 71 through this property. The City has no immediate plans to add this trail as it is outside the City’s jurisdiction and would require a large amount of land to be annexed before a City trail could be built. Also, the Kendall County Land Resource Management Plan has a multi-use path designated along the frontage of the road as well. Therefore, there are no requirements be requested from the City, but we would like the petitioner to be aware of the general future transportation plans in the area. YORKVILLE COMPREHENSIVE PLAN: Yorkville’s 2016 Comprehensive Plan designation for this property is Estate/Conservation Residential. This future land use is intended to provide flexibility for residential design in areas of Yorkville that can accommodate low-density detached single-family housing but also include sensitive environmental and scenic features that should be retained and enhanced. The most typical form of development within this land use will be detached single family homes on large lots. After review of the petitioner’s request, the proposed special use will not conform to Yorkville’s future land use in its Comprehensive Plan. While this may be the case, the property is not likely to be annexed into the City within the 10-year horizon of the plan. Also, if the property was brought into the City, it would most likely be part of a redevelopment project which would have this use removed. Due to the long timeframe of annexation and the likelihood of the land use being removed upon development, the alignment with the City’s Comprehensive Plan is not as vital as properties and developments already within City limits. Staff Recommendation & Comments Staff has reviewed the request for special use authorization and does not have an objection to the petitioner’s request. Staff is seeking input from the Economic Development Committee for this request. This review will also be brought to the Planning and Zoning Commission at the February 12, 2020 meeting. This item was delivered to the City on December 31, 2019. Attachments 1. Application with Attachments 2. Kendall County Zoning Board Minutes ZPAC Memo – Prepared by Matt Asselmeier – September 24, 2019 (Revised 12/30/19) Page 1 of 5 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 630) 553-4141 Fax (630) 553-4179 Petition 19-34 Ron Smrz on Behalf of the Ronald Smrz Trust A-1 Special Use – Storage of Motor Vehicles, Boats, Trailers and Other Recreational Vehicles INTRODUCTION Ron Smrz, on behalf of the Ronald Smrz Trust, would like to establish a storage business for boats and RVs at the subject property. The application material, site plan and amended site plan are included as Attachments 1 and 2 respectively. The property was granted a special use permit for the retail sale of nursery stock through Ordinance 1985-10, a copy of which is included as Attachment 3. This proposal will not impact the existing special use permit. SITE INFORMATION PETITIONER Ronald Smrz on Behalf of the Ronald Smrz Trust ADDRESS 7821 Route 71 LOCATION Approximately 0.15 Miles South of the Intersection of Route 71 and Van Emmon Road on the West Side of Route 71 TOWNSHIP Oswego PARCEL # 02-35-151-003 LOT SIZE 17 +/- Acres; 1 +/- Acre for Special Use Permit Area EXISTING LAND USE Agricultural/Farmstead/Landscaping Business ZPAC Memo – Prepared by Matt Asselmeier – September 24, 2019 (Revised 12/30/19) Page 2 of 5 ZONING A-1 Agricultural District LRMP Current Land Use Agricultural Future Land Use Rural Residential (Max 0.6 Du/Acre) Roads Route 71 is a State Highway Classified as an Arterial. Route 71 is also Classified as a Scenic Road at this Property. Trails Yorkville has a Trail Planned Along Route 71. Floodplain/ Wetlands There is a Farmable Wetland on the Property Consisting of Approximately 0.11 Acres. REQUESTED ACTION A-1 Special Use to Operate a Storage of Motor Vehicles, Boats, and Recreation Vehicles APPLICABLE REGULATIONS Section 7.01 D.50 – A-1 Special Uses – Permits Storage facilities for motor vehicles, boats, trailers, and other recreational vehicles provided that the business shall be located on, and have direct access to, a State, County or Collector Highway as identified in the County’s LRMP, having an all-weather surface, designed to accommodate loads of at least 73,280 lbs. Unless specifically permitted under a special use permit, all storage shall be in enclosed buildings. Self-storage or mini- warehouse facilities are specifically prohibited in the Agricultural District. Section 13.08 – Special Use Procedures SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Single-Family Residential R-3 Rural Residential Max 0.6 DU/Acre) A-1, A-1 SU, and R-3 South Agricultural/Farmstead A-1 Rural Residential/Open Space/Forest Preserve A-1, A-1 BP, A-1 SU, and R-3 PUD East Single-Family Residential A-1, A-1 SU, and R-3 PUD Rural Residential A-1, R-3 PUD, and RPD-2 West Single-Family Residential and Wooded A-1 and R-1 Rural Residential A-1 and R-3 The special use permit to the north is for a campground. The special use permit to the east is for a landscaping business. Lyon Farm is located south of the subject property. The Richard Young and Lyon Forest Preserves are in the vicinity. The aerial of the property is included as Attachment 4. Pictures of the property are included as Attachments 6-10. ZPAC Memo – Prepared by Matt Asselmeier – September 24, 2019 (Revised 12/30/19) Page 3 of 5 PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCat submitted on June 6, 2019, as part the Wetland Delineation Report and found the Fox River INAI Site and Yorkville Seep INAI Site in the area. (see Attachment 5, Pages 23-25). The entire Wetland Delineation Report is included as Attachment 5. The Petitioner submitted a formal EcoCat on December 23, 2019, and no negative impact were foreseen. NATURAL RESOURCES INVENTORY NRI application submitted on August 2, 2019 (see Attachment 1, Page 12). ACTION SUMMARY OSWEGO TOWNSHIP Oswego Township was emailed information on September 24, 2019. The revised site plan was emailed on December 31, 2019. BRISTOL-KENDALL FIRE PROTECTION DISTRICT The Bristol-Kendall Fire Protection District was emailed information on September 24, 2019. The revised site plan was emailed on December 31, 2019. UNITED CITY OF YORKVILLE The United City of Yorkville was emailed information on September 24, 2019. The revised site plan was emailed on December 30, 2019. ZPAC ZPAC met on this proposal on October 1, 2019. Discussion occurred at that meeting regarding obtaining a variance to the Stormwater Management Ordinance. In the ensuing months, the Petitioner decided not to pursue the variance and amended the site plan to meet the requirements of the Kendall County Stormwater Management Ordinance. The minutes of the October ZPAC meeting are included as Attachment 12. BUSINESS OPERATION According to revised site plan, the Petitioner plans to offer rental space for fifty-one (51) parking stalls which is down from the two hundred (200) rental units in the original proposal. The Petitioner also provided a lighting plan showing six (6) new light poles, each twenty feet (20’) in height. The proposed hours of operation are daily from 6:00 a.m. until 9:00 p.m. Prospective renters would meet with the Petitioner at the property at a pre-arranged time to view the property, sign a contract, and receive their access code. The Petitioner plans to use the existing storage building shown in Attachment 6 as the office for the business. The Petitioner and his wife would be the only employees of the business. BUILDING AND BUILDING CODES No new structures are planned for the property. A new occupancy permit might be required for the existing storage building. Staff would like comments from the Bristol-Kendall Fire Protection District regarding any life safety code concerns. ENVIRONMENTAL HEALTH The location of the well was shown on the proposed site plan south of the existing house. No bathrooms or potable water sources would be available to patrons of the storage business. STORMWATER The Petitioner indicated that the storage area would have a gravel base. The site plan shows the proposed use to be away from the farmable wetland. The Petitioner plans to monitor the site for motor vehicle related leaks and would remove ZPAC Memo – Prepared by Matt Asselmeier – September 24, 2019 (Revised 12/30/19) Page 4 of 5 contaminated gravel from the property. ROAD ACCESS The property fronts Route 71 and an existing access point off of Route 71 exists. The Illinois Department of Transportation provided comments regarding this proposal which are included as Attachment 11. A new access permit will be required. Staff would also like comments from the United City of Yorkville regarding the proposed trail in this area. PARKING AND INTERNAL TRAFFIC CIRCULATION Parking will occur in the gravel areas east of the existing building shown on Attachment 6. The Petitioner plans to have fifteen (15) parking spaces. Per the Americans with Disabilities Act, at least one (1) of these spaces must be handicapped accessible. LIGHTING The Petitioner plans to install lighting on the exterior of the shed shown in Attachment 6. SIGNAGE The Petitioner plans to install a sign along Route 71. The sign must meet all of requirements of the Kendall County Zoning Ordinance and must not be illuminated. LANDSCAPING The Petitioner plans to remove the three (3) existing Norway Spruce trees shown in Attachment 6. The Petitioner plans to plant seven (7) evergreens that will be between approximately four feet and six feet (4’-6’) in height at the time of planting. The evergreens will be placed southeast of the parking area. The evergreens will be planted by the end of May 2020. A vegetative swale is also planned for south of the parking area. SECURITY The Petitioner indicated that the storage area will have a chain-link fence around the storage area. The fence is planned to be six feet (6’) in height. There will be a twenty foot (20’) wide automatic gate on the east side of the storage area to control access to the area. The gate will be adjacent to the shed shown in Attachment 6. A security monitoring system will also be installed with cameras on the shed shown in Attachment 6. NOISE CONTROL No information was provided regarding noise control. ODOR CONTROL No new odors are foreseen. LITTER CONTROL PLAN While very little trash or litter is expected to be generated by the proposed, no plans for litter control were provided. RELATION TO OTHER SPECIAL USES If approved, this would be the fifth active special use permit for this type of storage in unincorporated Kendall County. GENERAL The Petitioner currently resides in the house on the property. The Petitioner agreed that all items stored on the property would remain licensed and in good working order. The Petitioner agreed to follow the Kendall County Inoperable Vehicle Ordinance and the Junk and Debris Ordinance. The Petitioner also agreed that none of the vehicles stored as part of the special use permit would be for agricultural purposes. ZPAC Memo – Prepared by Matt Asselmeier – September 24, 2019 (Revised 12/30/19) Page 5 of 5 RECOMMENDATION Before issuing a recommendation, Staff would like more information from the Petitioners and comments from ZPAC members and the Bristol-Kendall Fire Protection District. ATTACHMENTS 1. Application Materials 2. Site Plan and Amended Site Plan with Lighting Plan 3. Ordinance 1985-10 4. Aerial 5. Wetland Delineation Report (Including EcoCat Information) 6. Storage Building 7. Looking West 8. Looking South 9. Looking North (Towards Site) 10. Looking East 11. 9-19-19 IDOT Email 12. October 1, 2019 ZPAC Minutes Attachment 1, Page 1 Attachment 1, Page 2 Attachment 1, Page 3 Attachment 1, Page 4 Attachment 1, Page 5 Attachment 1, Page 6 Attachment 1, Page 7 Attachment 1, Page 8 Attachment 1, Page 9 Attachment 1, Page 10 Attachment 1, Page 11 Attachment 1, Page 12 Attachment 1, Page 13 INDEX TO SHEETS1. COVER SHEET2. 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" w I-::, z z t, 1!l VI t ::, z .... .,; u g !" j u Page 1 ol 1 Attachment 2 Attachment 5, Page 1 Attachment 5, Page 2 Attachment 5, Page 3 Attachment 5, Page 4 Attachment 5, Page 5 Attachment 5, Page 6 Attachment 5, Page 7 Attachment 5, Page 8 Attachment 5, Page 9 Attachment 5, Page 10 Attachment 5, Page 11 Attachment 5, Page 12 Attachment 5, Page 13 Attachment 5, Page 14 Attachment 5, Page 15 Attachment 5, Page 16 Attachment 5, Page 17 Attachment 5, Page 18 Attachment 5, Page 19 Attachment 5, Page 20 Attachment 5, Page 21 Attachment 5, Page 22 Attachment 5, Page 23 Attachment 5, Page 24 Attachment 5, Page 25 Attachment 5, Page 26 Attachment 5, Page 27 Attachment 5, Page 28 Attachment 5, Page 29 Attachment 5, Page 30 Attachment 5, Page 31 Attachment 5, Page 32 Attachment 5, Page 33 Attachment 5, Page 34 Attachment 5, Page 35 Attachment 5, Page 36 Attachment 5, Page 37 Attachment 5, Page 38 Attachment 5, Page 39 Attachment 5, Page 40 Attachment 5, Page 41 Attachment 5, Page 42 Attachment 5, Page 43 Attachment 5, Page 44 Attachment 5, Page 45 Attachment 5, Page 46 Attachment 5, Page 47 Attachment 5, Page 48 Attachment 5, Page 49 Attachment 5, Page 50 Attachment 5, Page 51 Attachment 5, Page 52 Attachment 5, Page 53 Attachment 5, Page 54 Attachment 5, Page 55 Attachment 5, Page 56 Attachment 5, Page 57 Attachment 5, Page 58 Attachment 5, Page 59 Attachment 5, Page 60 Attachment 5, Page 61 Attachment 5, Page 62 Attachment 5, Page 63 Attachment 5, Page 64 Attachment 5, Page 65 Applicant:IDNR Project Number: Address: Contact:Susan Rowley 2585 Wagner Court DeKalb, IL 60115 Alternate Number: Date: 1911645 Project: Address: 7821 IL Route 71 7821 IL Toure 71, Yorkville Description: Development for RV Storage 12/23/2019 2004996ENCAP, Inc. Natural Resource Review Results Consultation for Endangered Species Protection and Natural Areas Preservation (Part 1075) The Illinois Natural Heritage Database shows the following protected resources may be in the vicinity of the project location: Fox River INAI Site Yorkville Seep INAI Site An IDNR staff member will evaluate this information and contact you to request additional information or to terminate consultation if adverse effects are unlikely. Location The applicant is responsible for the accuracy of the location submitted for the project. County: Kendall Township, Range, Section: 37N, 7E, 34 37N, 7E, 35 Government Jurisdiction Kendall County Planning, Building & Zoning Matt Asselmeier 111 West Fox Street Yorkville, Illinois 60560 IL Department of Natural Resources Contact Adam Rawe 217-785-5500 Division of Ecosystems & Environment Disclaimer The Illinois Natural Heritage Database cannot provide a conclusive statement on the presence, absence, or condition of natural resources in Illinois. This review reflects the information existing in the Database at the time of this inquiry, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project¶s implementation, compliance with applicable statutes and regulations is required. Page 1 of 3 Attachment 5, Page 66 Terms of Use By using this website, you acknowledge that you have read and agree to these terms. These terms may be revised by IDNR as necessary. If you continue to use the EcoCAT application after we post changes to these terms, it will mean that you accept such changes. If at any time you do not accept the Terms of Use, you may not continue to use the website. 1. The IDNR EcoCAT website was developed so that units of local government, state agencies and the public could request information or begin natural resource consultations on-line for the Illinois Endangered Species Protection Act, Illinois Natural Areas Preservation Act, and Illinois Interagency Wetland Policy Act. EcoCAT uses databases, Geographic Information System mapping, and a set of programmed decision rules to determine if proposed actions are in the vicinity of protected natural resources. By indicating your agreement to the Terms of Use for this application, you warrant that you will not use this web site for any other purpose. 2. Unauthorized attempts to upload, download, or change information on this website are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and/or the National Information Infrastructure Protection Act. 3. IDNR reserves the right to enhance, modify, alter, or suspend the website at any time without notice, or to terminate or restrict access. Security EcoCAT operates on a state of Illinois computer system. We may use software to monitor traffic and to identify unauthorized attempts to upload, download, or change information, to cause harm or otherwise to damage this site. Unauthorized attempts to upload, download, or change information on this server is strictly prohibited by law. Unauthorized use, tampering with or modification of this system, including supporting hardware or software, may subject the violator to criminal and civil penalties. In the event of unauthorized intrusion, all relevant information regarding possible violation of law may be provided to law enforcement officials. Privacy EcoCAT generates a public record subject to disclosure under the Freedom of Information Act. Otherwise, IDNR uses the information submitted to EcoCAT solely for internal tracking purposes. Page 2 of 3 IDNR Project Number: 2004996 Attachment 5, Page 67 EcoCAT Receipt Project Code 2004996 APPLICANT DATE 12/23/2019 DESCRIPTION CONVENIENCEFEEFEE TOTAL PAID EcoCAT Consultation $ 125.00 $ 2.81 TOTAL PAID Illinois Department of Natural Resources One Natural Resources Way Springfield, IL 62702 217-785-5500 dnr.ecocat@illinois.gov 127.81 127.81 ENCAP, Inc. Susan Rowley 2585 Wagner Court DeKalb, IL 60115 Page 3 of 3 IDNR Project Number: 2004996 Attachment 5, Page 68 DeKalb, IL 60115 RE: 7821 IL Route 71 Project Number(s): 2004996 [1911645] County: Kendall Dear Applicant: Adam Rawe Division of Ecosystems and Environment 217-785-5500 December 23, 2019 Susan Rowley ENCAP, Inc. 2585 Wagner Court This letter is in reference to the project you recently submitted for consultation. The natural resource review provided by EcoCAT identified protected resources that may be in the vicinity of the proposed action. The Department has evaluated this information and concluded that adverse effects are unlikely. Therefore, consultation under 17 Ill. Adm. Code Part 1075 is terminated. This consultation is valid for two years unless new information becomes available that was not previously considered; the proposed action is modified; or additional species, essential habitat, or Natural Areas are identified in the vicinity. If the project has not been implemented within two years of the date of this letter, or any of the above listed conditions develop, a new consultation is necessary. The natural resource review reflects the information existing in the Illinois Natural Heritage Database at the time of the project submittal, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project¶s implementation, you must comply with the applicable statutes and regulations. Also, note that termination does not imply IDNR's authorization or endorsement of the proposed action. Please contact me if you have questions regarding this review. JB Pritzker, Governor Colleen Callahan, Director Attachment 5, Page 69 Attachment 11, Page 1 Attachment 11, Page 2 ZPAC Meeting Minutes 10.1.19 Page 1 ZONING, PLATTING & ADVISORY COMMITTEE (ZPAC) October 1, 2019 – Meeting Minutes PBZ Chairman Matthew Prochaska called the meeting to order at 9:00 a.m. Present: Megan Andrews – Soil and Water Conservation District Matt Asselmeier – PBZ Department David Guritz – Forest Preserve Fran Klaas – Highway Department Commander Jason Langston – Sheriff’s Department Matthew Prochaska – PBZ Committee Chair Aaron Rybski – Health Department Absent: Meagan Briganti – GIS Greg Chismark – WBK Engineering, LLC Brian Holdiman – PBZ Department Audience: John Sharkey, Ronald Smrz, Caitlin Paloian, and Laura Gay AGENDA Mr. Guritz made a motion, seconded by Mr. Klaas, to approve the agenda as presented. With a voice vote of all ayes, the motion carried unanimously. MINUTES Mr. Guritz made a motion, seconded by Ms. Andrews, to approve the September 3, 2019, meeting minutes. With a voice vote of all ayes, the motion carried unanimously. PETITIONS Petition 19-32 John and Erin Sharkey and Theodore Parks Mr. Asselmeier summarized the request. John and Erin Sharkey and Theodore Parks would like to vacate the ten foot (10’) public utility and drainage easement that runs along and parallel the northern lot lines of Lots 1 and 4 in Highgrove Subdivision. The Petitioners own the property immediately north of the subdivision and would like to construct buildings inside the current easement. After submitting the application to vacate the easement in question, the Petitioners agreed to relocate the easement to the northern boundary of PINs 09-07-200-034 and 09-07-200-033. The property is located at 13315D and 13315A Grove Road in Seward Township. The property is zoned R-2 One Family Residential. The current land use is one-family residential. The future land use is rural residential. There are no floodplains or wetlands on the property. The adjacent land uses are agricultural, single- family residential, farmstead, and park. The adjacent zonings are A-1, RPD-2, and R-2. The Land Resource Management Plan calls for the entire area to be rural residential. Seward Township was emailed information on September 23, 2019, and did not submit any comments. The Petitioners originally wanted to vacate the ten foot (10’) public utility and drainage easement that runs along and parallel the northern lot lines of Lots 1 and 4 in Highgrove Subdivision. The Petitioners own the property immediately north of the subdivision and would like to construct buildings inside the current easement. On September 6, 2019, Fran Klaas sent an email expressing no opposition to the proposal on the condition that no public utilities were located in the easement and that the easement be relocated to the north portion of the Petitioners’ respective properties (09-07-200-034 and 09-07-200-033). Also on September 6, 2019, Greg Chismark submitted comments concurring with Fran Klaas. Mr. Chismark also requested that the easement be extended north along the eastern property line of Lot 1 to the new easement location. Attachment 12, Page 1 ZPAC Meeting Minutes 10.1.19 Page 2 The emails from Fran Klaas and Greg Chismark were provided. The Petitioners contacted JULIE to determine no utilities would be impacted by vacating the easement. The JULIE information was provided. As of September 9, 2019, the Petitioners agreed to the requests of the County and had their engineer prepare an updated plat showing the relocated and extended easements. Mr. Guritz asked about drainage facilities in the current easement. Mr. Asselmeier said that no existing drainage facilities are located in the existing easement. Mr. Rybski asked about the plans for the lots to the north of the subject property. Mr. Asselmeier said that the lots are planned to be used residentially as part of the Petitioners’ yards. Mr. Guritz made a motion, seconded by Mr. Klaas, to recommend approval of the requested easement vacation and relocation. Ayes (7): Andrews, Asselmeier, Guritz, Klaas, Langston, Prochaska, and Rybski Nays (0): None Present (0): None Absent (3): Briganti, Chismark, and Holdiman The motion passed. This proposal will go to the Kendall County Planning, Building and Zoning Committee on October 7, 2019, at 6:30 p.m. Petition 19-34 Ronald Smrz on Behalf of the Ronald Smrz Trust Mr. Asselmeier summarized the request. Ron Smrz, on behalf of the Ronald Smrz Trust, would like to establish a storage business for boats and RVs at the subject property. The property is located at 7821 Route 71. The property is approximately seventeen (17) acres in size and the original proposed area for the special use permit was approximately two (2) acres in size. The current land use is agricultural. The future land use is rural residential. Route 71 is a State maintained highway and is considered a Scenic Route at the subject property. Yorkville has a trail planned along Route 71. There is a farmable wetland on the property consisting of approximately a tenth (0.1) of an acre. The adjacent land uses are agricultural, single-family residential, and farmstead. The adjacent zonings are A-1, A-1 SU, R-1, R-3, and R-3 PUD. The Land Resource Management Plan calls for the area to be rural residential. The nearby zonings are A-1, A-1 SU, A-1 BP, R-3, RPD-2, and R-3 PUD. The subject property has a special use permit for a landscaping business. The special use permit to the north is for a campground. The special use permit to the east is for a landscaping business. Lyon Farm is located south of the subject property. The Richard Young and Lyon Forest Preserves are in the vicinity. The aerial of the property and other pictures of the property were provided. EcoCat submitted on June 6, 2019, as part the Wetland Delineation Report and found the Fox River INAI Site and Yorkville Seep INAI Site in the area. The entire Wetland Delineation Report was provided. NRI application submitted on August 2, 2019. Oswego Township was emailed information on September 24, 2019. The Bristol-Kendall Fire Protection District was emailed information on September 24, 2019. Attachment 12, Page 2 ZPAC Meeting Minutes 10.1.19 Page 3 The United City of Yorkville was emailed information on September 24, 2019. According to the information provided to the County, the Petitioner originally planned to offer rental space for two hundred 200) rental units. The Petitioner would offer year-round storage access twenty-four (24) hours a day, seven (7) days a week. The Petitioner reduced the size of the operation to avoid having to provide onsite stormwater detention. Prospective renters would meet with the Petitioner at the property at a pre-arranged time to view the property, sign a contract, and receive their access code. The Petitioner plans to use the existing storage building shown in Attachment 6 as the office for the business. The Petitioner and his wife would be the only employees of the business. No new structures are planned for the property. A new occupancy permit might be required for the existing storage building. The location of the well was shown on the proposed site plan south of the existing house. No bathrooms or potable water sources would be available to patrons of the storage business. The Petitioner indicated that the storage area would have a gravel base. The property fronts Route 71 and an existing access point off of Route 71 exists. The Illinois Department of Transportation provided comments regarding this proposal. A new access permit will be required. Parking will occur in the gravel areas east of the existing building shown. The Petitioner originally proposed having fifteen 15) parking spaces. Per the Americans with Disabilities Act, at least one (1) of these spaces must be handicapped accessible. The Petitioner may change the parking layout. The Petitioner plans to install lighting on the exterior of the shed. The Petitioner plans to install a sign along Route 71. The sign must meet all of requirements of the Kendall County Zoning Ordinance and must not be illuminated. The Petitioner plans to remove the three (3) existing Norway Spruce trees. The Petitioner originally planned to plant forty 40) evergreens that will be between approximately four feet and six feet (4’-6’) in height at the time of planting. The evergreens were to be placed to the north and east of the storage area. The Petitioner may change the number of evergreen depending on the revised site plan. The evergreens would be planted by the end of May 2020. The Petitioner indicated that the storage area will have a chain-link fence around the storage area. The fence is planned to be six feet (6’) in height. There will be a twenty foot (20’) wide automatic gate on the east side of the storage area to control access to the area. The gate will be adjacent to the shed. A security monitoring system will also be installed with cameras on the shed. No information was provided regarding noise control. No new odors are foreseen. While very little trash or litter is expected to be generated by the proposed, no plans for litter control were provided. If approved, this would be the fifth active special use permit for this type of storage in unincorporated Kendall County. The Petitioner currently resides in the house on the property. The Petitioner agreed that all items stored on the property would remain licensed and in good working order. The Petitioner agreed to follow the Kendall County Inoperable Vehicle Ordinance and the Junk and Debris Ordinance. The Petitioner also agreed that none of the vehicles stored as part of the special use permit would be for agricultural purposes. Attachment 12, Page 3 ZPAC Meeting Minutes 10.1.19 Page 4 A revised site plan was submitted with a smaller project footprint in order to not have to install onsite storage of stormwater. Mr. Guritz asked about the threshold for stormwater. Mr. Asselmeier read the threshold from the Stormwater Management Ordinance. Commander Langston asked about size limitations for vehicles stored on the property. Mr. Smrz responded that the maximum would be approximately thirty-nine feet (39’). Commander Langston expressed concerns regarding larger vehicles accessing the property. Mr. Smrz noted that the State has plans to widen Route 71. Mr. Smrz will ask the State to see if a larger entrance is necessary. Ms. Andrews noted that the Kendall County Soil and Water Conservation District reviewed the proposal last month and will forward her report. Mr. Rybski noted the locations of the existing well and septic and expressed no concerns related to the Health Department. Mr. Asselmeier asked about a plan to address leaks such as motor oil leaks. Mr. Smrz said that he would check the site daily for leaks and will have spill pad clean-up kits available. Contaminated gravel will be disposed of properly. Discussion occurred regarding the stormwater requirements. The Petitioner expressed concerns about the retention area across Route 71. Mr. Klaas suggested that a variance could be pursued. The Petitioner stated that he wanted to examine his site plan to see what type of stormwater variance would be necessary and to see the costs associated with the project. Mr. Rybski made a motion, seconded by Mr. Klaas, to postpone the Petition until the Petitioner supplies an updated site plan or makes a decision regarding the Stormwater Management Ordinance requirements. With a voice vote of all ayes, the motion carried unanimously. Petition 19-35 John and Laura Gay Mr. Asselmeier summarized the request. John and Laura Gay would like to establish a kennel, The Pets Home Pet Resort and Spa, at the subject property which they own at 3601 Plainfield Road. They are also requesting a variance to allow the kennel to be approximately thirty feet, six and one half inches (30’-6 ½”) from property zoned other than residential at the kennel’s closest point with neighboring property. The property is approximately five (5) acres in size and the special use area is approximately four point seven (4.7) acres in size. The existing land use is agricultural and single-family residential. The future land use is suburban residential. There are no trails planned in the area. There are no floodplains or wetlands on the property, but Morgan Creek runs along the northern boundary of the property. The adjacent land uses are agricultural, farmstead, and single-family residential. The adjacent zoning is A-1. The Land Resource Management Plan calls for the area to be suburban residential with commercial to the south of the property. The adjacent zonings are A-1 and R-1 in the County and R-2 inside the Village of Oswego. The Ashcroft Place subdivision is located within one half mile (1/2) to the north. The Deerpath Trails and Morgan Crossing subdivisions are located within one half (1/2) mile to the west. EcoCat submitted on July 22, 2019, and found no protection species or sites in the vicinity. NRI application submitted on September 12, 2019. Oswego Township was emailed information on September 23, 2019. Attachment 12, Page 4 ZPAC Meeting Minutes 10.1.19 Page 5 Oswego Fire Protection District was emailed information on September 23, 2019. They requested the building to be fire alarmed. They requested the building to be sprinkled. They also requested turn-around capabilities for fire apparatus on the subject property. The Village of Oswego was emailed information on September 23, 2019. The Petitioners currently reside in the one-story frame house on the property. Because of the shape of the property, a variance is required to the distance from the kennel to non-residentially zoned property. According to the information provided to the County, the Petitioners plan to offer pet daycare, boarding, and grooming services. The proposed hours of operation are Monday through Friday from 6:00 a.m. until 6:00 p.m. The Petitioners plan to hire five (5) employees. The maximum number of dogs planned for the site is one hundred (100). Per the Kendall County Zoning Ordinance, all animals will be indoors by sunset. The Petitioners believe the area is lacking this type of service. As noted in the site plan, the Petitioners plan to construct an approximately four thousand, one hundred fifty (4,150) square foot building southeast of the existing home on the property. The building shall consist of fourteen (14) rooms including a lobby, manager’s office, restroom, bathroom, break room, laundry, dog bathing room, three (3) pet suites, and pet areas for small, medium, and large dogs. A six foot (6’) tall wood fence would be located approximately fifteen feet 15’) from the building to the southeast and northeast. The fenced area would be approximately six hundred twenty (620) square feet in size and serve as a play area for the dogs. Building and Occupancy Permits will be required for the new building. The Petitioner indicated that they are working with the Health Department regarding well and septic facilities. The property fronts Plainfield Road and curb cut already exists for the proposed driveway for the kennel. The Petitioners are going to remove an existing driveway connection on the property. If this removal occurs, there would be one (1) dedicated entrance for the residence and one (1) dedicated entrance for the kennel. The Petitioners believe most of the traffic generated by the proposed business will occur in the morning and early evening when patrons drop-off and pick-up their pets. The Petitioners propose to install an eleven (11) spot parking lot. One (1) of the spaces would be handicapped accessible. The parking lot would access Plainfield Road through a twenty-two foot (22’) wide asphalt driveway. The Petitioners plan to installed three (3) lights along the driveway and in the parking lot. These lights are twelve feet 12’) in height. Two (2) wall pack will be installed along the east side of the building. Four (4) wall lights will be installed on the building; three (3) will be on the north side of the building and one (1) will be on the east side of the building. The description of the types of lighting that might be installed were provided. The exact light fixtures are not known. The Petitioners plan to have one (1) sign along Plainfield Road. The Petitioners plan to install eight (8) canopy trees, six (6) deciduous shrubs, twenty-eight (28) evergreen shrubs, and six 6) groundcovers, grass, and perennials. The specific location of the plants can be found on the site plan. The Petitioners believe the distance of their facility to existing houses combined with having the dogs indoors by sunset will prevent any noise issues. The Petitioners plan to install an eight foot by ten foot (8’ X 10’) refuse enclosure at the northeastern end of the parking lot. The enclosure is proposed to be six feet (6’) tall surrounded by brick with a steel gate for access. Refuse will be picked up weekly. If approved, this would be the fifth active special use permit for a kennel in unincorporated Kendall County. Chairman Prochaska asked if the Petitioners were agreeable to the requests of the Oswego Fire Protection District. Ms. Paloian responded that her clients are going through a cost estimate related to the sprinkling and alarming requirements. Ms. Paloian asked about the requirements regarding the turn-around. Mr. Asselmeier said that the Oswego Fire Attachment 12, Page 5 ZPAC Meeting Minutes 10.1.19 Page 6 Protection District would have to be contacted regarding their specifications. The property is on well and septic and a new well and septic will be installed for the special use permit. Mr. Rybski noted that the wash water from the dogs is also domestic waste. He encouraged the Petitioners to meet with the Health Department before any well and septic permits are issued. Refuse needs to be picked up as frequently to prevent overflow. Commander Langston asked about peak capacity and the impacts on traffic on Plainfield Road. The Petitioners anticipate most traffic occurring in the mornings and evenings when customers pick-up and drop-off their dogs. The Petitioners do not foresee a large amount of traffic. Mr. Asselmeier asked about weekend hours of operation. Ms. Paloian responded that the Petitioners will be onsite to handle dogs boarded over the weekend, but there will not be any drop-offs or pick-ups over the weekend. The dogs will not be outside for play during the weekend. The Petitioners will apply for a sign permit after a special use is issued. Ms. Andrews stated that she is working on the NRI Report. Mr. Klaas asked if the special use permit goes with the property. Mr. Asselmeier responded that this special use permit would go with the property. Mr. Klaas asked about estimate traffic generation per day. The exact number was unknown, but was not planned to exceed one hundred (100) new trips per day. Ms. Gay noted that they pick-up some dogs as part of the kennel business. Mr. Klaas requested a fifteen foot (15’) right-of-way dedication for Plainfield Road. Ms. Andrews made a motion, seconded by Mr. Klaas, to recommended approval of the Petition. Ayes (7): Andrews, Asselmeier, Guritz, Klaas, Langston, Prochaska, and Rybski Nays (0): None Present (0): None Absent (3): Briganti, Chismark, and Holdiman The motion passed. The proposal will go to the Kendall County Regional Planning Commission on October 23, 2019, at 7:00 p.m. REVIEW OF PETITIONS THAT WENT TO COUNTY BOARD None OLD BUSINESS/NEW BUSINESS Approval of Fiscal Year 2019-2020 Meeting Calendar Mr. Asselmeier made a motion, seconded by Ms. Andrews, to approve the meeting calendar. With a voice vote of all ayes, the motion carried unanimously. CORRESPONDENCE None PUBLIC COMMENT None ADJOURNMENT Mr. Guritz made a motion, seconded by Mr. Rybski, to adjourn. With a voice vote of all ayes, the motion carried. The ZPAC, at 9:47 a.m., adjourned. Respectfully Submitted, Matthew H. Asselmeier, AICP Senior Planner Attachment 12, Page 6 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 204 Yorkville, IL • 60560 630) 553-4141 Fax (630) 553-4179 MEMORANDUM To: Kendall County Zoning Board of Appeals From: Matthew H. Asselmeier, AICP, Senior Planner Date: January 24, 2020 Re: Petition 19-34 Request for a Special Use Permit for Outdoor Storage at 7821 Route 71 in Oswego Township– Petitioner Requests a Layover Ron Smrz, on behalf of Bank of Lyon Trust, applied for a special use permit for outdoor storage of motor vehicles, boats, trailers, and other recreational vehicles at 7821 Route 71. At the January 22, 2020, Kendall County Regional Planning Commission meeting, six (6) neighbors expressed opposition to the proposal. They were concerned about increased lighting, traffic safety on Route 71, the desire to keep the area rural, leaks of motor vehicle related fuels and oils, the impact of leaks on local wells, a lack of screening or buffering, and concerns about abandoned vehicles on the property. The Kendall County Regional Planning Commission recommended denial of the proposal with all seven (7) members present voting against the proposal; two (2) members of the Commission were absent. As noted in the attached email, the Petitioner would like to work with neighbors to address their concerns. The Petitioner requested that the hearing be continued until the March 2, 2020 Kendall County Zoning Board of Appeals meeting. Staff has no objections to this request. If you have any questions regarding this request, please let me know. Thanks, MHA Enc.: January 23, 2020 Smrz Email Redacted ZBA Meeting Minutes 1.27.20 Page 1 of 2 MINUTES – UNOFFICIAL UNTIL APPROVED KENDALL COUNTY ZONING BOARD OF APPEALS MEETING 111 WEST FOX STREET, Room 209 and 210 YORKVILLE, IL 60560 January 27, 2020 – 7:00 p.m. CALL TO ORDER Chairman Randy Mohr called the Zoning Board of Appeals meeting to order at 7:00 p.m. ROLL CALL: Members Present: Scott Cherry, Karen Clementi, Cliff Fox, Tom LeCuyer, Randy Mohr, and Dick Whitfield Members Absent: Dick Thompson Staff Present: Matthew Asselmeier, AICP, Senior Planner Others Present: Dan Kramer, Emily Hoffmann, Michael Cook, Deb Chow, and Pat Colaric PETITIONS The Zoning Board of Appeals started their review of Petition 19-34 at 7:00 p.m. Petition 19 – 34 – Ronald Smrz on Behalf of the Bank of Lyon Trust Request: Special Use Permit for a Storage of Motor Vehicles, Boats, Trailers, and Other Recreational Vehicle Business PINs: 02-35-151-003 Location: 7821 Route 71, Oswego Township Purpose: Petitioner Wants to Operate a Storage Business on the Subject Property; Property is Zoned A-1 with a Special Use Permit Mr. Asselmeier summarized the request. Ron Smrz, on behalf of Bank of Lyon Trust, applied for a special use permit for outdoor storage of motor vehicles, boats, trailers, and other recreational vehicles at 7821 Route 71. At the January 22, 2020, Kendall County Regional Planning Commission meeting, six (6) neighbors expressed opposition to the proposal. They were concerned about increased lighting, traffic safety on Route 71, the desire to keep the area rural, leaks of motor vehicle related fuels and oils, the impact of leaks on local wells, a lack of screening or buffering, and concerns about abandoned vehicles on the property. The Kendall County Regional Planning Commission recommended denial of the proposal with all seven (7) members present voting against the proposal; two (2) members of the Commission were absent. The Petitioner would like to work with neighbors to address their concerns. The Petitioner requested that the hearing be continued until the March 2, 2020 Kendall County Zoning Board of Appeals meeting. Staff has no objections to this request. ZBA Meeting Minutes 1.27.20 Page 2 of 2 Mr. Asselmeier noted that this proposal will be reviewed by the Yorkville Planning Commission on February 12, 2020. Chairman Mohr opened the public hearing at 7:02 p.m. Member Clementi made a motion, seconded by Member LeCuyer, to lay over this Petition to March 2, 2020. The votes were as follows: Ayes (6): Cherry, Clementi, Fox, LeCuyer, Mohr, and Whitfield Nays (0): None Absent (1): Thompson The motion passed. Chairman Mohr recessed the public hearing at 7:02 p.m. The Zoning Board of Appeals completed their review of Petition 19-34 at 7:02 p.m. ADJOURNMENT OF THE ZONING BOARD OF APPEALS Member Cherry made a motion, seconded by Member Fox, to adjourn. With a voice vote of six (6) ayes, the motion passed. The Zoning Board of Appeals meeting adjourned at 8:17 p.m. The next hearing/meeting will be on March 2, 2020. Respectfully submitted by, Matthew H. Asselmeier, AICP Senior Planner Exhibits 1. Memo on Petition 19-34 Dated January 24, 2020 2. Certificate of Publication and Mailings for Petition 19-34 (Not Included with Report but on file in Planning, Building and Zoning Office). DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 204 Yorkville, IL • 60560 630) 553-4141 Fax (630) 553-4179 MEMORANDUM To: Kendall County Zoning Board of Appeals From: Matthew H. Asselmeier, AICP, Senior Planner Date: January 24, 2020 Re: Petition 19-34 Request for a Special Use Permit for Outdoor Storage at 7821 Route 71 in Oswego Township– Petitioner Requests a Layover Ron Smrz, on behalf of Bank of Lyon Trust, applied for a special use permit for outdoor storage of motor vehicles, boats, trailers, and other recreational vehicles at 7821 Route 71. At the January 22, 2020, Kendall County Regional Planning Commission meeting, six (6) neighbors expressed opposition to the proposal. They were concerned about increased lighting, traffic safety on Route 71, the desire to keep the area rural, leaks of motor vehicle related fuels and oils, the impact of leaks on local wells, a lack of screening or buffering, and concerns about abandoned vehicles on the property. The Kendall County Regional Planning Commission recommended denial of the proposal with all seven (7) members present voting against the proposal; two (2) members of the Commission were absent. As noted in the attached email, the Petitioner would like to work with neighbors to address their concerns. The Petitioner requested that the hearing be continued until the March 2, 2020 Kendall County Zoning Board of Appeals meeting. Staff has no objections to this request. If you have any questions regarding this request, please let me know. Thanks, MHA Enc.: January 23, 2020 Smrz Email Redacted KCRPC Meeting Minutes 1.22.20 Page 1 of 19 KENDALL COUNTY REGIONAL PLANNING COMMISSION Kendall County Office Building Rooms 209 & 210 111 W. Fox Street, Yorkville, Illinois Unapproved - Meeting Minutes of January 22, 2020 - 7:00 p.m. Chairman Ashton called the meeting to order at 7:01 p.m. ROLL CALL Members Present: Bill Ashton, Roger Bledsoe, Tom Casey, Bill Davis, Dave Hamman, Karin McCarthy- Lange, Larry Nelson, and Claire Wilson Members Absent: Karin McCarthy-Lange and Ruben Rodriguez Staff Present: Matthew H. Asselmeier, Senior Planner Others Present: Ron Smrz, Dan Kramer, Emily Hoffmann, Michael Cook, Deb Chow, Pat Colaric, Sylvia Torto, Mike Torto, Len Pfaff, Laurie Pfaff, Ron Zier, Zach, Morerod, and Kyle Breyne APPROVAL OF AGENDA Member Bledsoe made a motion, seconded by Member Casey, to approve the agenda. With a voice vote of seven (7) ayes, the motion carried. APPROVAL OF MINUTES Member Bledsoe made a motion, seconded by Member Davis, to approve the minutes of the October 23, 2019 meeting. With a voice vote of seven (7) ayes, the motion carried. PUBLIC HEARING 19-37 John Dollinger on Behalf of Hansel Ridge, LLC The Kendall County Regional Planning Commission started their review of this Petition at 7:02 p.m. Mr. Asselmeier summarized the Petition. Hansel Ridge, LLC would like an amendment to the Future Land Use Map contained in the Land Resource Management Plan for approximately eighteen point seven more or less (18.7 +/-) acres located on the northern half of the property currently addressed as 195 Route 52. If approved, the Petitioner would like to rezone the property to allow an athletic facility and a storage business to be located on the property; both of these requests were submitted as separate petitions. The application materials were provided. A map showing the property was provided; the northern portion of the property is the subject of this Petition. The adjacent land uses were agricultural or agricultural related. The adjacent zonings were agricultural or agricultural with a special use permit. The Land Resource Management Plan calls for the area to be Suburban Residential and Public/Institutional. The zonings within one half (1/2) mile were agricultural or agricultural with a special use permit. Pictures of the property were provided. KCRPC Meeting Minutes 1.22.20 Page 2 of 19 The property owner is not requesting a change in the Future Land Use Map for the southern twenty-one more or less (21 +/-) acres of their property. Their property will remain classified as Public/Institutional on the Future Land Use Map. Minooka School District 111 owns the adjacent properties to the north and west of the subject property. The A-1 special use to the north is for a church. The A-1 special use to the south is for a fertilizer and grain storage operation. The A-1 special use to the west appears to be for an airstrip. The property at 276 Route 52 has a special use permit for a landscaping business. Seven (7) existing houses are within one half (1/2) mile of the subject property. Petition information was sent to Seward Township on October 21, 2019. The Seward Township Planning Commission reviewed this request at their meeting on January 14, 2020. Concerns were expressed regarding traffic congestion and the potential for increased vehicular accidents. Discussion also occurred regarding drainage. The property’s proximity to Shorewood and its location were the reasons for seeking the change to the Land Resource Management Plan and for the requested map amendments and special use permits. The Seward Township Planning Commission recommended approval of the request. The minutes of this meeting are included were provided. The Seward Township Board reviewed this request at their meeting on January 14, 2020. They echoed the concerns of the Seward Township Planning Commission regarding traffic and drainage. The Seward Township Board recommended approval of the request. The minutes of this meeting were provided. Petition information was sent to the Village of Shorewood on October 21, 2019. The Village of Shorewood submitted an email on January 6, 2020, stating that they were in discussions with the Petitioner and would have further review at the Village’s February 5th Planning and Zoning Commission meeting. This email was provided. The Troy Fire Protection District has no objections to commercial uses as this location. ZPAC reviewed this proposal at their meetings on November 5, 2019, and January 7, 2020. At the November 5th meeting, discussion occurred regarding well and septic service at the site. The Petitioner agreed to a right- of-way dedication along the County Line Road frontage. At the January 7th meeting, the Petitioner provided updated septic information and updated traffic information. The final size of the detention pond had yet been determined. The Petitioner was working on a pre-annexation agreement with Shorewood that would allow the Village to annex the property when the property becomes contiguous to the Village. It was noted that the Village of Shorewood would like the special use to apply to only the storage portion of the property and that the acreage between the storage units and County Line Road be zoned business without a special use permit and that a formal subdivision occur. The Petitioner agreed to a sixty foot (60’) right-of-way dedication as measured from the centerline of County Line Road including a ten foot (10’) dedication for utilities. It was also noted that the Village of Shorewood requested the removal of some fencing and the reorientation of some of the storage buildings. It was noted that the landscaping plan and signage plan required more definition. ZPAC recommended forwarding the proposal to the Kendall County Regional Planning Commission without objection; two (2) members were absent. The minutes of these meetings were provided. KCRPC Meeting Minutes 1.22.20 Page 3 of 19 The Village of Shorewood’s Future Land Use Map calls for this property to be Commercial and Government/Institutional. Will County gives deference to the Village of Shorewood. Will County favors suburban development, whether that be commercial or residential, in this area. The subject property was originally planned to be a future school location. The southern portion of the subject property and the property immediately to the north of the subject property are both planned to be Public/Institutional. In addition, the property to the west and the property to the north are both owned by the Minooka School District 111. A school could still be placed in the area. Therefore, uses that support and that are not in conflict with educational related uses, including many commercial uses, could be placed on the subject property. Because commercial uses require site plan approval, because the Village of Shorewood’s Comprehensive Plan calls for this property to be Commercial, and because many commercial uses could be placed on the subject property that would complement education uses, Staff recommends approval of the requested change. Chairman Ashton opened the public hearing at 7:10 p.m. Member Davis asked if any of the farm buildings would be removed. Dan Kramer, Attorney for the Petitioner, responded no; the farm buildings are not located on the portion of the property under consideration for the map change. Pat Colaric, County Line Road, requested clarification of the request. Mr. Asselmeier explained that the existing Future Land Use Map calls for this property to be Public/Institutional. The Petitioner would like to rezone the property to commercial uses. One (1) of the criteria used to evaluate the rezoning from agricultural to business was consistency with the Land Resource Management Plan. The Petitioner needs the Future Land Use Map changed in order to have the rezoning request be consistent with the Land Resource Management Plan. Chairman Ashton said that the zoning portion of the request will occur later in the meeting. Mr. Colaric was concerned about commercial uses in the area because of traffic concerns. Member Hamman asked if Minooka School District had any input on the proposal. Mr. Asselmeier responded that Minooka School District owns the property to the west and to the north of the subject property. The School District still has plans to use their property for educational purposes. The School District was notified of the hearing. Dan Kramer, Attorney for the Petitioner, testified that the southern portion of the property would not be sold as part of the requested rezoning. Mr. Kramer explained the types of sports teams that would use the athletic facility. The athletic facility would have an indoor baseball field. The School District favors the idea. This facility would be four (4) times bigger than the facility on Galena Road. Mr. Kramer requested approval of the amendment to the Land Resource Management Plan. Chairman Ashton adjourned the public hearing at 7:16 p.m. Member Nelson made a motion, seconded by Member Casey, to recommend approval of Petition 19-37. The votes were as follows: Ayes (7): Ashton, Bledsoe, Casey, Davis, Hamman, Nelson, and Wilson Nays (0): None KCRPC Meeting Minutes 1.22.20 Page 4 of 19 Absent (2): McCarthy-Lange and Rodriguez The motion carried. The proposal goes to the Zoning Board of Appeals on January 27, 2020. The Kendall County Regional Planning Commission concluded their review of Petition 19-37 at 7:17 p.m. PETITIONS 19-34 Ronald Smrz on Behalf of the Bank of Lyon Trust Mr. Asselmeier summarized the request. Ron Smrz, on behalf of Bank of Lyon Trust, would like to establish a storage business for boats and RVs at the subject property. The application material and amended site plan were provided. The Petitioner updated the site plan in December to address stormwater management concerns. The property was granted a special use permit for the retail sale of nursery stock through Ordinance 1985-10, a copy of which was provided. This proposal will not impact the existing special use permit. The property is approximately seventeen (17) acres in size, but the special use area is approximately one (1) acre in size. The current land use is agricultural. The future land use is rural residential. Route 71 is a State maintained highway and is considered a Scenic Route at the subject property. Yorkville has a trail planned along Route 71. There is a farmable wetland on the property consisting of approximately a tenth (0.1) of an acre. The adjacent land uses are agricultural, single-family residential, and farmstead. The adjacent zonings are A-1, A-1 SU, R-1, R-3, and R-3 PUD. The Land Resource Management Plan calls for the area to be rural residential. The nearby zonings are A-1, A-1 SU, A-1 BP, R-3, RPD-2, and R-3 PUD. The special use permit to the north is for a campground. The special use permit to the east is for a landscaping business. Lyon Farm is located south of the subject property. The Richard Young and Lyon Forest Preserves are in the vicinity. The aerial of the property was provided. Pictures of the property were provided. EcoCat submitted on June 6, 2019, as part of the Wetland Delineation Report and found the Fox River INAI Site and Yorkville Seep INAI Site in the area. The entire Wetland Delineation Report was provided. The Petitioner submitted a formal EcoCat on December 23, 2019, and no negative impacts were foreseen. NRI application submitted on August 2, 2019. The NRI Report was not available. Oswego Township was emailed the original information on September 24, 2019. The revised site plan was emailed on December 31, 2019. The Bristol-Kendall Fire Protection District was emailed the original information on September 24, 2019. The revised site plan was emailed on December 31, 2019. KCRPC Meeting Minutes 1.22.20 Page 5 of 19 The United City of Yorkville was emailed the original information on September 24, 2019. The revised site plan was emailed on December 31, 2019. Yorkville will be reviewing this proposal at their February meetings. ZPAC met on this proposal on October 1, 2019. Discussion occurred at that meeting regarding obtaining a variance to the Stormwater Management Ordinance. In the ensuing months, the Petitioner decided not to pursue the variance and amended the site plan to meet the requirements of the Kendall County Stormwater Management Ordinance. ZPAC reviewed the revised site plan at their meeting on January 7, 2020, and recommended approval of the proposal with no objections. The minutes of the October ZPAC meeting were provided. The minutes of the January ZPAC meeting were provided. According to revised site plan, the Petitioner plans to offer rental space for fifty-one (51) parking stalls which is down from the two hundred (200) rental units in the original proposal. The proposed hours of operation are daily from 6:00 a.m. until 9:00 p.m. Prospective renters would meet with the Petitioner at the property at a pre-arranged time to view the property, sign a contract, and receive their access code. The Petitioner plans to use the existing storage building as the office for the business. The Petitioner and his wife would be the only employees of the business. No new structures are planned for the property. A new occupancy permit might be required for the existing storage building. The location of the well was shown on the proposed site plan south of the existing house. No bathrooms or potable water sources would be available to patrons of the storage business. The Petitioner indicated that the storage area would have a gravel base. The site plan shows the proposed use to be away from the farmable wetland. The Petitioner plans to monitor the site for motor vehicle related leaks and would remove contaminated gravel from the property. The property fronts Route 71 and an existing access point off of Route 71 exists. The Illinois Department of Transportation provided comments regarding this proposal. A new access permit will be required. Parking will occur in the gravel areas east of the existing building. The Petitioner provided a lighting plan showing six (6) new light poles, each twenty feet (20’) in height. The lighting plan was provided. The Petitioner plans to install a sign along Route 71. The sign must meet all of requirements of the Kendall County Zoning Ordinance and must not be illuminated. The Petitioner plans to remove the three (3) existing Norway Spruce trees. The Petitioner plans to plant seven 7) evergreens that will be between approximately four feet and six feet (4’-6’) in height at the time of planting. The evergreens will be placed southeast of the parking area. The evergreens will be planted by the end of May 2020. A vegetative swale is also planned for south of the parking area. KCRPC Meeting Minutes 1.22.20 Page 6 of 19 The Petitioner indicated that the storage area will have a chain-link fence around the storage area. The fence is planned to be six feet (6’) in height. There will be a twenty foot (20’) wide automatic gate on the east side of the storage area to control access to the area. The lock on the gate will be timed to prevent patrons from accessing the property during non-business hours. The gate will be adjacent to the shed. A security monitoring system will also be installed with cameras on the shed shown. The Petitioner agreed to provide the Sheriff’s Department and Bristol-Kendall Fire Protection District with a passcode to access the gate. No information was provided regarding noise control. No new odors are foreseen. While very little trash or litter is expected to be generated by the proposed, no plans for litter control were provided. If approved, this would be the fifth active special use permit for this type of storage in unincorporated Kendall County. The Petitioner currently resides in the house on the property. The Petitioner agreed that all items stored on the property would remain licensed and in good working order. The Petitioner agreed to follow the Kendall County Inoperable Vehicle Ordinance and the Junk and Debris Ordinance. The Petitioner also agreed that none of the vehicles stored as part of the special use permit would be for agricultural purposes. The proposed Findings of Fact were as follows: That the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The operation of the special use will not be detrimental to the public health, safety, morals, comfort, or general welfare provided that the operator of the business allowed by this special use permit develops the site according to the submitted site plan, follows the agreed upon hours of operation, has a plan to address motor vehicle related leaks, and follows the Kendall County Inoperable Vehicle Ordinance and related ordinances. That the special use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The Zoning classification of property within the general area of the property in question shall be considered in determining consistency with this standard. The proposed use shall make adequate provisions for appropriate buffers, landscaping, fencing, lighting, building materials, open space and other improvements necessary to insure that the proposed use does not adversely impact adjacent uses and is compatible with the surrounding area and/or the County as a whole. Provided that the business operates as proposed, no injury should occur to other property and property values should not be negatively impacted. That adequate utilities, access roads and points of ingress and egress, drainage, and/or other necessary facilities have been or are being provided. This is true. The Illinois Department of Transportation has not expressed any KCRPC Meeting Minutes 1.22.20 Page 7 of 19 concerns regarding this use locating at this property. The business will not have any restroom facilities or drinking water facilities for patrons. The Petitioner will have to secure a stormwater management permit. That 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 County Board pursuant to the recommendation of the Zoning Board of Appeals. This is true. That the special use is consistent with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. True, the proposed use in consistent with an objective found on Page 6-34 of the Kendall County Land Resource Management Plan which calls for “a strong base of agricultural, commercial and industrial uses that provide a broad range of job opportunities, a healthy tax base, and improved quality of services to County residents” through the encouragement “. . . of locally owned businesses.” Staff recommends approval of the requested special use permit for a storage facility for motor vehicles, boats, trailers, and other recreational vehicles subject to the following conditions and restrictions: 1. The site shall be developed substantially in accordance with the attached site plan, landscaping plan, and lighting plan. 2. The operator(s) of the business allowed by this special use permit shall plant the vegetation identified in the landscaping plan by the end of May 2020. 3. One (1) non-illuminated sign may be installed on the subject property in substantially the location shown on the site plan. 4. The motor vehicles, boats, trailers, and other recreational vehicles stored on the premises may be stored outdoors. 5. None of the motor vehicles, boats, trailers or other recreational vehicles stored on premises shall be considered agricultural equipment as they relate to the business allowed by this special use permit. 6. All of the motor vehicles, boats, trailers, and other recreational vehicles stored on the premises shall be maintained in good working order and shall be licensed. 7. The hours of operation for the business allowed by this special use permit shall be daily from 6:00 a.m. until 9:00 p.m. The operator(s) of the business allowed by this special use permit may reduce these hours of operation. 8. The maximum number of employees for the business allowed by this special use permit shall be two (2), including the business owners. 9. The operator(s) of the business allowed by this special use permit shall diligently monitor the property for motor vehicle related leaks and shall promptly and properly dispose and replace any gravel contaminated by such leaks. 10. The operator(s) of the business allowed by this special use permit shall provide the Kendall County Sheriff’s Department and Bristol-Kendall Fire Protection District with passcodes to the gate upon the request of these agencies. 11. The operator(s) of the business allowed by this special use permit acknowledge and agree to follow Kendall County’s Right to Farm Clause. 12. The conditions and restrictions contained in Ordinance 1985-10 pertaining to the retail sale of nursery stock shall remain valid, enforceable, and separate from the conditions and restrictions for the special use permit for a storage facility for motor vehicles, boats, trailers, and other recreational vehicles. KCRPC Meeting Minutes 1.22.20 Page 8 of 19 13. The operator(s) of the business allowed by this special use permit shall follow all applicable Federal, State, and Local laws related to the operation of this type of business. 14. Failure to comply with one or more of the above conditions or restrictions could result in the amendment or revocation of the special use permit. 15. If one or more of the above conditions is declared invalid by a court of competent jurisdiction, the remaining conditions shall remain valid. Member Hamman asked about the lights. Mr. Asselmeier responded the site plan shows six (6) lights, twenty feet (20’) in height. Member Hamman asked if the lights would be on all the time. Ron Smrz, Petitioner, stated the lights would be turned off when the business is closed. Member Wilson asked about the landscaping business. Mr. Smrz responded that the property still has a special use permit for a landscaping business, but he did not operate the business. Member Wilson asked about the type of fence. Mr. Smrz responded a chain linked fence. Member Wilson asked about the distance from neighbors. Mr. Smrz responded several hundred feet. Mr. Smrz lives on the premises. Discussion occurred regarding the County’s lighting regulations. Mr. Asselmeier noted the light poles were proposed at the maximum height, no light would cross the property line, and no neighboring property owner would see the light source. Having the lights off when the business during non-operational hours will be added as a condition. Member Hamman asked if the Historical Society. Mr. Smrz responded that the Historical Society was sent notices. Sylvia Torto expressed concerns about the lights and the view of vehicles stored on the property. She also expressed concerns about vehicles pulling in and out of the property. Len Pfaff did not want a commercial business in the area. He expressed concerns about fuel leaks and noise. He would like the area to stay rural. Ron Zier loves the rural atmosphere of the area. He does not favor lights or vehicles at the property. Zack Morerod expressed concerns about his ability to resell his property if the proposed use occurs at the subject property. Mike Torto echoed the concerns of his fellow neighbors. He would like additional landscaping on the north side of the subject property. Mr. Smrz proposed to install additional trees. The original plan called for more trees, but they were removed as part of the stormwater control of the site. Member Hamman asked about Route 71 improvements. Mr. Smrz stated that he would have full access at his property. The existing perimeter trees would be removed by the Illinois Department of Transportation and Mr. Smrz would request that the removed trees be replaced. KCRPC Meeting Minutes 1.22.20 Page 9 of 19 Mr. Smrz noted that his original proposal was much larger than what he is currently proposing. Discussion occurred about installing a berm on the property. Discussion occurred about the definitions of motor vehicles, recreational vehicle, and self-storage facility and mini-warehouse facility. Mr. Asselmeier read these definitions from the Zoning Ordinance. Member Wilson suggested a restriction not allowing semis, cargo containers, and the like not be stored on the property. Member Wilson asked about leak control. Mr. Smrz described the method for soaking the leak and removing the gravel. Member Wilson expressed concerns that leaks might not be discovered immediately. Mr. Asselmeier read the email from the Illinois Department of Transportation. Concerns were expressed about derelict and abandoned vehicles, boats, and campers. Zack Morerod asked if Commissioners would want this use in their backyards. Laurie Pfaff expressed concerns about fuel leaks and well contamination. She also expressed concerns about increased lighting. Chairman Ashton noted that the storage of recreational vehicles and boats are not allowed in some places in Kendall County. Member Nelson suggested that the special use be tied to the Petitioner and not the land. Mr. Smrz opposed having the special use go away if he sold the property. Discussion occurred about indoor storage. Upon review, none of the existing special use permits for this type of storage allows outside storage in the A-1 District. Discussion occurred about the scenic route designation. The view shed area was not defined. Chairman Ashton asked if the Petitioner wanted to table the request. The Petitioner asked for a vote. Member Wilson made a motion, seconded by Member Nelson, to recommend approval of Petition 19-34. The votes were as follows: Ayes (0): None Nays (7): Ashton, Bledsoe, Casey, Davis, Hamman, Nelson, and Wilson Absent (2): McCarthy-Lange and Rodriguez The motion failed. The proposal goes to the Zoning Board of Appeals on January 27, 2020. Member Wilson voted no because she wished that the Petitioner had talked to his neighbors at the beginning of the process. She felt the use was more appropriate in an industrial or business park. She was also concerned about potential leaks at the site. Chairman Ashton concurred with Member Wilson’s reasons for recommending denial. 19-38 John Dollinger on Behalf of Hansel Ridge, LLC and Jason Shelley on Behalf of Goproball, LLC Mr. Asselmeier summarized the request. KCRPC Meeting Minutes 1.22.20 Page 10 of 19 Goproball, LLC would like to purchase the subject property and construct an indoor baseball and soccer facility on the subject property. The site plan was provided. Based on the original information submitted to the County, the property owner, Hansel Ridge, LLC, would like to sell the northern eighteen point seven more or less (18.7 +/-) acres for the proposed athletic facility and for an indoor and outdoor storage facility. The proposed athletic facility would be located on approximately nine point one-nine (9.19) acres on the northwest side of the property with a strip of land providing access to Line Road. County Line Road is a Township Road classified as an Arterial. There are no trails or floodplains or wetlands on the subject property. The adjacent land uses are agricultural with a fertilizer and grain operation at the southwest corner of Route 52 and County Line Road. The adjacent zonings and zonings within one half (1/2) mile are A-1 or A-1 SU. The Kendall County Land Resource Management Plan calls for the property to the north and south to be Public/Institution and Suburban Residential. The property to the west is classified as Suburban Residential. The Will County Land Resource Management Plan calls for the property to the east to be Suburban Development. The Village of Shorewood’s Comprehensive Plan calls for this property to be Commercial and Government/Institutional. Minooka School District 111 owns the property to the north and west and plans to use that property for educational purposes. The aerial of the property and pictures of the property were provided. The A-1 special use to the north is for a church. The A-1 special use to the south is for a fertilizer and grain storage operation. The A-1 special use to the west appears to be for an airstrip. The property at 276 Route 52 has a special use permit for a landscaping business. Seven (7) existing houses are within one half (1/2) mile of the subject property. EcoCAT Report submitted and consultation was terminated. The application for NRI was submitted on September 26, 2019. The NRI Report was not available. Petition information was sent to Seward Township on October 21, 2019. The Seward Township Planning Commission reviewed this request at their meeting on January 14, 2020. Concerns were expressed regarding traffic congestion and the potential for increased vehicular accidents. Discussion also occurred regarding drainage. The property’s proximity to Shorewood and its location were the reasons for seeking the change to the Land Resource Management Plan and for the requested map amendments and special use permits. The Seward Township Planning Commission recommended approval of the request. The minutes of this meeting were provided. The Seward Township Board reviewed this request at their meeting on January 14, 2020. They echoed the concerns of the Seward Township Planning Commission regarding traffic and drainage. The Seward Township Board recommended approval of the request. The minutes of this meeting were provided. Petition information was sent to the Village of Shorewood on October 21, 2019. The Village of Shorewood submitted an email on January 6, 2020, stating that they were in discussions with the Petitioner and would have KCRPC Meeting Minutes 1.22.20 Page 11 of 19 further review at the Village’s February 5th Planning and Zoning Commission meeting. This email was provided. The Troy Fire Protection District has no objections to commercial uses as this location. ZPAC reviewed this proposal at their meetings on November 5, 2019, and January 7, 2020. At the November 5th meeting, discussion occurred regarding well and septic service at the site. The Petitioner agreed to a right- of-way dedication along the County Line Road frontage. At the January 7th meeting, the Petitioner provided updated septic information and updated traffic information. The final size of the detention pond had yet been determined. The Petitioner was working on a pre-annexation agreement with Shorewood that would allow the Village to annex the property when the property becomes contiguous to the Village. It was noted that the Village of Shorewood would like the special use to apply to only the storage portion of the property and that the acreage between the storage units and County Line Road be zoned business without a special use permit and that a formal subdivision occur. The Petitioner agreed to a sixty foot (60’) right-of-way dedication as measured from the centerline of County Line Road including a ten foot (10’) dedication for utilities. It was also noted that the Village of Shorewood requested the removal of some fencing and the reorientation of some of the storage buildings. It was noted that the landscaping plan and signage plan required more definition. ZPAC recommended forwarding the proposal to the Kendall County Regional Planning Commission without objection; two (2) members were absent. The minutes of these meetings were provided. Per State law, map amendments cannot be conditioned. However, Section 13.10 of the Kendall County Zoning Ordinance requires that commercial site plans be approved by the Kendall County ZPAC. The Petitioner desires the map amendment in order to construct an indoor athletic facility. Goproball, LLC provided a business plan. As noted in the business plan, they would have between twenty (20) and forty (40) part-time employees with no more than four (4) to six (6) employees onsite. They have fifteen 15) existing traveling baseball teams and hope to expand to twenty-five (25) teams within the next five (5) years. They would also like to use the facility to attract other sports including girls soccer and softball. They would have a concession area and rehabilitation services would be provided onsite. The proposed hours of operation are between 8:00 a.m. and midnight. The proposed facility is approximately sixty-nine thousand, three hundred (69,300) square feet and will have a parking area to the east. Any new structures would require applicable building permits. The property will access County Line Road. County Line Road has an eighty thousand (80,000) pound weight restriction. Depending on the uses, additional right-of-way could be necessary and the Petitioner was agreeable to a right-of-way dedication as part of a special use permit. No new odors are foreseen, but the site plan for future commercial activities on the site should be examined to address odors. The parking lot will have lights. Security lighting will also be installed. Commercial establishments could have additional lights and illuminated signage on the building and associated with monument signage. The site plan of commercial establishments should be evaluated to address lighting. Any fencing or buffering should be evaluated as part of the site plan review process. KCRPC Meeting Minutes 1.22.20 Page 12 of 19 The original site plan showed two detention ponds. The Petitioners indicated that the stormwater plans could be altered as part of the adjoining special use permit. Development on the site would require stormwater management permits. Electricity is nearby. New well and septic information would have to be evaluated as part of the building permit process. The Petitioners provided septic plan information. The proposed Findings of Fact were as follows: Existing uses of property within the general area of the property in question. The surrounding properties are used agricultural or uses similar to agricultural uses such as farmsteads and fertilizer operations. The Zoning classification of property within the general area of the property in question. The surrounding properties are zoned A-1 or A-1 with a special use. The suitability of the property in question for the uses permitted under the existing zoning classification. The property is presently zoned A-1 and can be used for farming. The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was in its present zoning classification. The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this paragraph the R-1 District shall be considered the highest classification and the M-2 District shall be considered the lowest classification. The trend of development in the area is stable with residential growth and special uses normally found in agricultural zoned areas. Consistency with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. The Future Land Use Map in the Land Resource Management Plan classifies this property as Public/Institutional because Minooka School District #111 plans to construct a school on the property to the west. The Village of Shorewood’s Future Land Use Map calls for this property to be Commercial and Government/Institutional. The property owner of the subject property submitted an application to reclassify the property as Commercial on the Future Land Use Map contained in the Kendall County Land Resource Management Plan. If this reclassification amendment to the Land Resource Management Plan is approved, then the proposed map amendment would be consistent with the purpose and objectives of the Land Resource Management Plan. Provided that the amendment to the Land Resource Management Plan is approved reclassifying the subject property as Commercial, Staff recommended approval of this requested map amendment. Dan Kramer, Attorney for the Petitioner, provided a history of the evolution of the project. He noted that the Health Department approved the well and septic plans. Mr. Kramer noted that a subdivision would occur at the site; there would be no additional access cuts on County Line Road. The stormwater detention ponds might be merged into one (1) pond. Member Davis asked where the nearest sanitary sewer service was located. Mr. Kramer stated that the nearest sanitary sewer was at least one (1) mile away from the site. Discussion occurred about the traffic safety at the intersection of Route 52 and County Line. Mr. Kramer clarified the minutes from Seward Township saying that the Petitioners cannot solve the traffic problem at the intersection. He noted that traffic for the athletic facility will be directed to Baltz Road. KCRPC Meeting Minutes 1.22.20 Page 13 of 19 Pat Colaric stated the proposal will exacerbate the traffic problems in the area. He would like to see the area stay rural. He would rather see the athletic facility than houses. Member Nelson made a motion, seconded by Member Davis, to recommend approval of Petition 19-38. The votes were as follows: Ayes (7): Ashton, Bledsoe, Casey, Davis, Hamman, Nelson, and Wilson Nays (0): None Absent (2): McCarthy-Lange and Rodriguez The motion carried. The proposal goes to the Zoning Board of Appeals on January 27, 2020. 19-39 John Dollinger on Behalf of Hansel Ridge, LLC, Jason Shelley on Behalf of Goproball, LLC, and James and Denise Maffeo Dan Kramer, Attorney for the Petitioner, requested that the Petition be laid over until the February 26, 2020, meeting in order to obtain an updated site plan. Without objection, the Commission laid over the Petition as requested. 19-47 Deb Chow on Behalf of Jade Restorations, Inc. and D. Howard on Behalf of Bullmastiff Construction Company, LTD Mr. Asselmeier summarized the request. Jade Restorations, Inc. is working with Bullmastiff Construction Company to construct a kennel and veterinary clinic at the subject property. At this time, Jade Restorations, Inc. has no plans to sell the subject property. The application material was provided. The site plan, landscaping plan, photometric plan, and proposed building information were provided. The property is approximately twenty (20) acres in size, but the special use portion would cover approximately eight point five (8.5) acres. The future land use is commercial. Ridge Road is a County Road classified as an Arterial Road. Bell Road is a Township Road classified as a Minor Collector. Minooka has a trail planned along Ridge Road. Shorewood has a trail planned along Bell Road. The adjacent land uses are agricultural in all directions with a farmstead and landscaping business to the west. The adjacent zonings are A-1 and A-1 SU. There is R-1 zoning within one half (1/2) mile to the east. There are twelve (12) homes located within one half (1/2) mile of the subject property. The special uses to the north and south are landing strips. The special use to the east is for natural gas compression. The special use to the west is for a landscaping business. There are twelve (12) homes located within one half (1/2) mile of the subject property. The special uses to the north and south are landing strips. The special use to the east is for natural gas compression. The special use to the west is for a landscaping business. KCRPC Meeting Minutes 1.22.20 Page 14 of 19 The aerial of the property was provided. EcoCat submitted on December 5, 2019, and consultation was terminated. NRI application submitted on December 18, 2019. The NRI Report was not available. Seward Township was emailed information on December 31, 2019. The Seward Township Planning Commission reviewed this request at their meeting on January 14, 2020. Concerns were expressed regarding drainage and traffic. The property’s location and availability were the reasons for seeking the special use permit. The Seward Township Planning Commission recommended approval of the request. The minutes of this meeting was provided. The Seward Township Board reviewed this request at their meeting on January 14, 2020. They echoed the concerns of the Seward Township Planning Commission regarding traffic and drainage. The Seward Township Board recommended approval of the request. The minutes of this meeting was provided. The Minooka Fire Protection District was emailed information on December 31, 2019. They wanted the Petitioners to be aware of the new State kennel regulations regarding staffing and sprinkling requirements. The Minooka Fire Protection District’s email was provided. The Village of Shorewood was emailed information on December 31, 2019. The Village of Shorewood expressed concerns about noise. The Village of Shorewood’s email was provided. The Village of Minooka was emailed information on December 31, 2019. ZPAC reviewed this proposal at their meeting on January 7, 2020. Discussion occurred about the soil analysis in relation to the well and septic system. The Highway Department was satisfied with the proposed right-of- way dedication for Ridge Road. The Petitioner will finalize hours of operation, the timeline for landscaping installation, and frequency of refuse pick-up. ZPAC recommended forwarding the proposal to the Kendall County Regional Planning Commission without any objections. The minutes of this meeting were provided. According to the information provided to the County, the Petitioners plan to offer veterinary services, pet daycare, boarding, and grooming services. The proposed normal hours of operation for both uses will be Monday through Friday from 6:00 a.m. until 7:00 p.m. and Saturday and Sunday from 7:00 a.m. until 7:00 p.m. The veterinary establishment may be open beyond these hours of operation to handle medical emergencies. The maximum number of employees will be seventy (70), including part-time employees. The kennel will be staffed at all times. Overlap in employees will occur. Grooming services will be provided as needed. The maximum number of animals planned for the kennel is eighty (80). Per the Kendall County Zoning Ordinance, all animals will be indoors by sunset. As noted in the site plan, the Petitioners plan to construct an approximately eighteen thousand (18,000) square foot building facing south towards Bell Road. The proposed location of the building on the property was placed in accordance to the setback requirements of the Kendall County Zoning Ordinance. Elevations of the building were provided. A rendering of the site was provided. The building shall consist of waiting areas for grooming and exams, eight (8) exam rooms, a treatment room with pharmacy area, two (2) surgery rooms, an X-ray room, a recovery room, two (2) isolation rooms, a doctor’s room, a staff room, a janitorial room, a cat boarding room, three (3) bathrooms, a laundry area, a KCRPC Meeting Minutes 1.22.20 Page 15 of 19 grooming area, a store, a storage area, a groom kennel, two (2) play areas, a pool, and a boarding kennel area. The building is planned to be slightly over twenty-three feet (23’) tall at its highest point and made of metal. Two (2) approximately twelve thousand (12,000) square foot outdoor play areas are planned on both sides of the kennel wing of the building. A six foot (6’) tall cedar fence would be located around the outdoor play area. Building and Occupancy Permits will be required for the new building. The site plan shows one (1) raised septic field west of the building and parking lot and one (1) raised septic field south of the parking lot. The proposed well would be located east of the building. The site plan shows two (2) wet detention ponds on the north side of the subject property. A dual-phase restricted stormwater detention outlet is planned to discharge stormwater at the northwest corner of the site into ditches along the east side of Ridge Road. If the special use permit is approved, the Petitioners would need to secure a stormwater management permit from Kendall County. The property fronts Bell Road and two (2) points of ingress/egress are planned from Bell Road. The Petitioners plan to dedicate right-of-way for a depth of fifty feet (50’) along the entire Bell Road frontage of the property and a depth of seventy-five feet (75’) along the entire Ridge Road side of the property. The Petitioners propose to install a fifty-two (52) stall parking lot to the south and east of the building. Three 3) of the spaces would be handicapped accessible. The Petitioners plan to install six (6) lights along the driveway and in the parking lot. The lights will be LED and on poles a maximum twenty feet (20’) in height. There will be an additional eight (8) building mounted lights at various locations around the exterior of the building. Lighting information can be found on the photometric plan. The Petitioners plan to have one (1) monument sign along Bell Road and one (1) monument sign along Ridge Road. Both signs are planned to be four feet by eight feet (4’X8’) and a maximum of eight feet (8’) in height. Neither sign will be illuminated. Per the landscaping plan, the Petitioners plan to install thirty-eight (38) shade trees of various types, seventy- eight (78) evergreen trees of various types, sixty-eight (68) evergreen shrubs of various types, two hundred eighty-two (282) deciduous shrubs of various types, and one hundred fifteen (115) perennials of various types. In addition, a wet-to-mesic prairie seed mix is planned around the stormwater detention ponds. Berms are planned along the west, east, and southeast corner of the property. An additional berm is planned south of the parking lot. The berms will vary in height from three feet (3’) to seven feet (7’). A topsoil stockpile area is planned east of the parking lot. Noise will be addressed with soundproofing of the building, the fence mentioned previously, the installation of trees and berms, and having the animals indoors by sunset. The Petitioners plan to install a refuse enclosure at the northern end of the eastern parking lot. The screening shall be either of wood or masonry construction at least seven feet (7’) in height. The Petitioners also indicated that they may screen the refuse area with a chain link fence and dense plantings. KCRPC Meeting Minutes 1.22.20 Page 16 of 19 If approved, this would be the sixth active special use permit for a kennel and second active special use for a veterinary establishment in unincorporated Kendall County. The proposed Findings of Fact were as follows: That the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The operation of the special use will not be detrimental to the public health, safety, morals, comfort, or general welfare. The immediately adjacent properties are also zoned A-1 or A-1 with a special use permit. In addition, the site plan shows a six foot 6’) tall fence around the outdoor play area. The proposed building will be soundproofed. The proposed landscaping and berming should also reduce noise coming from the property. The Petitioners intend to follow the Kendall County Zoning Ordinance as it relates to having all pets inside by dusk. That the special use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The Zoning classification of property within the general area of the property in question shall be considered in determining consistency with this standard. The proposed use shall make adequate provisions for appropriate buffers, landscaping, fencing, lighting, building materials, open space and other improvements necessary to insure that the proposed use does not adversely impact adjacent uses and is compatible with the surrounding area and/or the County as a whole. The Petitioners plan to install fencing and security lighting. The Petitioners agreed to have animals indoors by sunset. The proposed hours of operation will also prevent injury to neighboring land uses. That adequate utilities, access roads and points of ingress and egress, drainage, and/or other necessary facilities have been or are being provided. This is true. Adequate ingress and egress will be provided off of Bell Road. The Petitioners will have to secure applicable permits related to stormwater, well, and septic systems. That 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 County Board pursuant to the recommendation of the Zoning Board of Appeals. True, the Petitioners are not requesting any variances. That the special use is consistent with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. True, the proposed use is consistent with an objective found on Page 6-34 of the Kendall County Land Resource Management Plan which calls for “a strong base of agricultural, commercial and industrial uses that provide a broad range of job opportunities, a healthy tax base, and improved quality of services to County residents” through the encouragement “. . . of locally owned businesses.” Staff recommended approval of the requested special use permit for a kennel and veterinary establishment subject to the following conditions and restrictions: 1. The site shall be developed substantially in accordance with the attached site plan, landscaping plan, and photometric plan. 2. Within sixty days (60) days of approval of this special use permit ordinance, the property owners shall convey land to Kendall County and Seward Township for Ridge Road and Bell Road right-of-way in the locations and depths shown on the Right-of-Way Plat of Dedication. KCRPC Meeting Minutes 1.22.20 Page 17 of 19 3. The use allowed by this special use permit shall be located a minimum of two hundred fifty feet (250’) from the lot line of lots zoned residential or shown as Residential on the Land Resource Management Plan (LRMP) map and One Hundred Fifty Feet (150’) from Lots Zoned Other Than Residential or Shown on the LRMP Map as non-residential. 4. Two (2) non-illuminated signs may be installed on the subject property in substantially the locations shown on the site plan. 5. All vegetation and berms shall be installed within six (6) months of the opening of either the kennel or veterinary establishment at the subject property. The businesses shall be considered open on the date when the Kendall County Planning, Building and Zoning Department issues a certificate of occupancy for the building. Damaged or dead vegetation shall be replaced on a timeframe approved by the Kendall County Planning, Building and Zoning Department. 6. A maximum of eighty (80) pets may be kenneled on the subject property at any time. 7. All pets shall be indoors between the hours of sunset and sunrise except for the purposes of owners dropping-off and picking-up pets. 8. In the event that the kennel operations cease at the property, the veterinary business allowed by this special use permit may not board animals overnight except for medical treatment and observations. 9. The normal hours of operation for the businesses allowed by this special use permit shall be Monday through Friday from 6:00 a.m. until 7:00 p.m. and Saturday and Sunday from 7:00 a.m. until 7:00 p.m. The operator(s) of the business allowed by this special use permit may reduce these hours of operation. Pets experiencing medical emergencies at the kennel may be tended to outside the hours of operation. The veterinary establishment may be open beyond the hours of operation listed to handle medical emergencies. 10. The maximum combined number of employees for the businesses allowed by this special use permit shall be seventy (70), including the business owners. 11. Refuse shall be removed from the subject property at least one (1) time per week or as necessary to prevent litter or odors from emanating from the subject property. 12. Any construction on the property related to the businesses allowed by this special use permit shall not be considered as agricultural purposes and shall secure applicable permits. 13. The operator(s) of the businesses allowed by this special use permit may sell ancillary items related to their operations. 14. The operator(s) of the businesses allowed by this special use permit acknowledge and agree to follow Kendall County’s Right to Farm Clause. 15. The operator(s) of the businesses allowed by this special use permit shall follow all applicable Federal, State, and Local laws related to the operation of these types of businesses. 16. Failure to comply with one or more of the above conditions or restrictions could result in the amendment or revocation of the special use permit. 17. If one or more of the above conditions is declared invalid by a court of competent jurisdiction, the remaining conditions shall remain valid. Chairman Ashton asked about the fire hydrant. Mike Cook, Cook Engineering Group, responded that wet basins north of the site would be used as the water source. The hydrant would be a dry hydrant; the suggestion was made to change the plans to reflect the hydrant as a dry hydrant. The building will be sprinklered. KCRPC Meeting Minutes 1.22.20 Page 18 of 19 Member Davis made a motion, seconded by Member Hamman, to recommend approval of Petition 19-39 with the conditions proposed by Staff. Member Casey asked about the animals that will be served at the site. Deb Chow responded that a horse rescue was planned for the back of the property in addition to the dog daycare. Member Wilson asked if any of the Petitioners were veterinarians. Ms. Chow responded that her son is in veterinary school. Discussion occurred about animals being indoors by sunset. It was noted that the business would close at 7:00 p.m. Member Davis made a motion, seconded by Member Hamman, to recommend approval of Petition 19-47 with the conditions proposed by Staff. The votes were as follows: Ayes (7): Ashton, Bledsoe, Casey, Davis, Hamman, Nelson, and Wilson Nays (0): None Absent (2): McCarthy-Lange and Rodriguez The motion carried. The proposal goes to the Zoning Board of Appeals on January 27, 2020. Discussion occurred about the number of employees and the traffic impacts of those employees. CITIZENS TO BE HEARD/ PUBLIC COMMENT None NEW BUSINESS Member Nelson made a motion, seconded by Member Casey, to nominate Bill Ashton for the position of Chairman. No additional nominees were presented. With a voice vote of seven (7) ayes, the motion carried. Member Nelson made a motion, seconded by Chairman Ashton, to nominate Ruben Rodriguez for the position of Vice Chairman. No additional nominees were presented. With a voice vote of seven (7) ayes, the motion carried. Member Wilson made a motion, seconded by Chairman Ashton, to nominate Larry Nelson for the positions of Treasurer and Secretary. No additional nominees were presented. With a voice vote of seven (7) ayes, the motion carried. Member Nelson made a motion, seconded by Chairman Ashton, to nominate Matt Asselmeier for the position of Recording Secretary. No additional nominees were presented. With a voice vote of seven (7) ayes, the motion carried. Appointments to Comprehensive Land Plan and Ordinance Committee Chairman Ashton announced the appointments to the Comprehensive Land Plan and Ordinance Committee as follows: Larry Nelson (Chairman), Chairman of the Kendall County Regional Planning Commission or Their Designee (Bill Ashton), Chairman of the Kendall County Zoning Board of Appeals or Their Designee (Randy Mohr), Chairman of the Kendall County Board or Their Designee (Scott Gryder), Chairman of the Kendall County Planning, Building and Zoning Committee or Their Designee (Matthew Prochaska), Megan Andrews, and Jeff Wehrli. KCRPC Meeting Minutes 1.22.20 Page 19 of 19 Annual Meeting-February 1, 2020 at 9:00 a.m. The Commission reviewed the draft agenda for the Annual Meeting. OLD BUSINESS Update on Zoning Ordinance Project Mr. Asselmeier reported that Comprehensive Land Plan and Ordinance Committee has completed their review of the Zoning Ordinance and the proposal will be advanced in sections with the intention of having the entire proposal enacted on December 1st. REVIEW OF PETITIONS THAT WENT TO COUNTY BOARD Petition 19-26, regarding the landscaping business at 276 Route 52, was approved by the County Board. Several Commissioners noted that burning was occurring on the property and that the property owners were not taking care of the property. Petition 19-31, regarding cannabis zoning regulations, was approved by the County Board. Petition 19-35, regarding a kennel at 3601 Plainfield Road, was approved by the County Board. OTHER BUSINESS/ANNOUNCEMENTS Mr. Asselmeier reported that the text amendment to the Zoning Ordinance pertaining to citation authority, hearing officer, and fines will be on the February agenda. The owner of the property where ServPro was previously located submitted an application for a text amendment and special use permit for a trucking business at the property. However, the owner is also considering requesting a change to the Land Resource Management Plan and a map amendment at the property. ADJOURNMENT Member Casey made a motion, seconded by Member Hamman, to adjourn. With a voice vote of seven (7) ayes, the motion passed. The Kendall County Regional Plan Commission meeting adjourned at 9:35 p.m. Respectfully submitted by, Matthew H. Asselmeier, AICP Senior Planner Enc.