Planning and Zoning Commission Packet 2021 01-13-21
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, January 13, 2021
7:00 PM
Yorkville City Hall Council Chambers
800 Game Farm Road
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous meeting minutes: September 9, 2020
Citizen’s Comments
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Public Hearings
1. PZC 2020-14 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text
amendment for consideration of updates to “Chapter 20: Signs” of the United City of Yorkville
Zoning Ordinance. The amendment to the text is related to non-conforming signs which proposes to
define the term “maintenance” of said signage. Additionally, the text amendment will provide an
exemption for the replacement of existing non-conforming freestanding monument static message
board signs with electronic message board signs along a major thoroughfare, if such replacement does
not increase the overall existing sign size.
Unfinished Business
New Business
1. PZC 2020-11 Luz M. Padilla, Abby Properties, LLC, petitioner, is seeking Final Plat approval for an
approximately 20.7-acre site consisting of 72 lots for single-family attached dwelling units and 2 lots
for open space and a future phase of development. The properties being subdivided are Phases 2 and
3 of the Kendall Marketplace Townhome Development.
Action Item:
Final Plat
2. PZC 2020-12 Bruce A. Mellen, on behalf of DR Horton, Inc.- Midwest, petitioner, is seeking Final
Plat amendment approval to convert the existing 17 EBE (Exception to Blanket Easements) parcels to
80 “fee simple” lots consisting of approximately 7.236 acres in Grande Reserve Units 15 and 22 in
Neighborhood 5. The lots are planned for new residential townhome units and are located south of
Mill Road and east of Kennedy Road.
Action Item:
Final Plat
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
3. PZC 2020-13 Kris and Hillary Wieschhaus, petitioners, are requesting a variance to allow installation
of a driveway at zero feet (0’) from the eastern property line instead of the required five-foot (5’)
setback. The approximately 6.4-acre property is located at 9261 Kennedy Road which is about a half
mile east of Route 47 on the north side of Kennedy Road. The property is adjacent to the rear of 9227
Kennedy Road which fronts the right-of-way.
Action Item:
1.5 Mile Review
4. PZC 2020-14 United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text
amendment for consideration of updates to “Chapter 20: Signs” of the United City of Yorkville
Zoning Ordinance. The amendment to the text is related to non-conforming signs which proposes to
define the term “maintenance” of said signage. Additionally, the text amendment will provide an
exemption for the replacement of existing non-conforming freestanding monument static message
board signs with electronic message board signs along a major thoroughfare, if such replacement does
not increase the overall existing sign size.
Action Item:
Text Amendment
Additional Business
1. City Council Action Updates:
PZC 2020-08 David A. Pollock, BAMM Sign, Inc. dba Signarama-Aurora, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting sign variance
approval to permit a sign to be erected taller than twelve (12) feet in height as stated in Section 10-20-
9-A-1 of the Yorkville Municipal Code. The real property is generally located at the southeast corner
of Veterans Parkway (U.S. 34) and Game Farm Road in Yorkville, Illinois, commonly known as
1308 Game Farm Road, Yorkville, IL. The petitioner is looking to replace the monument sign which
was removed due to the State widening of U.S. 34.
City Council Action:
Sign Variance Approved
Adjournment
Page 1 of 3
DRAFT
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, Il
Wednesday, September 9, 2020 7:00pm
In accordance with Public Act 101-0640 and Gubernatorial Disaster Proclamation issued
by Governor Pritzker pursuant to the powers vested in the Governor under the Illinois
Emergency Management Agency Act, the City of Yorkville encouraged remote
attendance for the Planning and Zoning Commission meeting to facilitate social
distancing due to the current Covid-19 pandemic.
Meeting Called to Order
Chairman Jeff Olson called the meeting to order at 7:00pm, roll was called and a quorum
was established.
Roll Call: Rusty Hyett-yes/remote, Don Marcum-yes/remote, Greg Millen-yes/remote,
Jeff Olson-yes/in-person, Danny Williams-yes/remote
Absent: Deborah Horaz, Richard Vinyard
City Staff
Krysti Barksdale-Noble, Community Development Director/remote
Jason Engberg, Senior Planner/in-person
Other Guests
Christine Vitosh, Vitosh Reporting Service/remote
Lynn Dubajic, City Consultant/remote
Gerald Deutsch, Ward 2/remote
David Pollock, Bamm Sign, Inc./remote
Previous Meeting Minutes March 11, 2020
The minutes were approved as presented on a motion and second by Commissioners
Williams and Hyett, respectively.
Roll call: Hyett-yes, Marcum-yes, Millen-yes, Olson-yes, Williams-yes. Carried 5-0.
Citizen’s Comments None
Public Hearings
Chairman Olson explained the procedure for the Hearing and swore in those who would
give testimony. At approximately 7:03pm a motion was made by Mr. Williams and
seconded by Mr. Marcum to open the Hearing.
Roll call: Marcum-yes, Millen-yes, Olson-yes, Williams-yes, Hyett-yes. Carried 5-0.
Page 2 of 3
Chairman Olson read the Public Hearing as follows:
1. PZC 2020-08 David A. Pollock, BAMM Sign, Inc. dba Signarama-Aurora, petitioner,
has filed an application with the United City of Yorkville, Kendall County, Illinois,
requesting sign variance approval to permit a sign to be erected taller than twelve (12)
feet in height as stated in Section 10-20-9-A-1 of the Yorkville Municipal Code. The real
property is generally located at the southeast corner of Veterans Parkway (U.S. 34) and
Game Farm Road in Yorkville, Illinois, commonly known as 1308 Game Farm Road,
Yorkville, Il. The petitioner is looking to replace the monument sign which was removed
due to the State widening of U.S. 34.
(See Court Reporter Transcript)
The Hearing was closed at approximately 7:10pm on a motion by Mr. Williams and
second by Mr. Marcum.
Roll call: Millen-yes, Olson-yes, Williams-yes, Hyett-yes, Marcum-yes. Carried 5-0.
Unfinished Business None
New Business
1. PZC 2020-08 David Pollock Sign Variance (see description above)
Mr. Engberg elaborated on the sign variance request. He said the maximum sign height
allowed is 12 feet. Due to the topography and the fact that IDOT used some of the land,
the previous sign was removed. Road construction is finished and the petitioner wishes
to erect a new sign. A retaining wall there is 25 feet in height and he said the sign will
be lower than the top of the wall. The sign meets all other criteria and is not illuminated.
Staff is supportive of the request and there was no other discussion by Commissioners.
Chairman Olson read the Standards for Granting a Variance. The Petitioner's responses
to his affidavit will be entered into the record.
Action Item:
Sign Variance.
A motion was made by Mr. Marcum and seconded by Mr. Williams to approve this
request. Mr. Williams read the motion as follows: In consideration of testimony
presented during a Public Hearing on September 9, 2020 and approval of the findings of
fact, the Planning and Zoning Commission recommends approval of a request to vary the
sign regulations contained in Section 10-20-9-A-1of the United City of Yorkville Zoning
Ordinance to permit a free standing monument sign in a business district to be a
maximum height of twenty-three feet, six inches (23’6”) as measured from the centerline
of the adjacent street.
Roll call: Olson-yes, Williams-yes, Hyett-yes, Marcum-yes, Millen-yes. Carried 5-0.
Page 3 of 3
2. 2021 Meeting Schedule
Action Item:
Vote
Mr. Williams and Mr. Marcum moved and seconded, respectively, to approve the 2021
PZC meeting schedule.
Roll call: Williams-yes, Hyett-yes, Marcum-yes, Millen-yes, Olson-yes. Carried 5-0.
Additional Business
Mr. Engberg summarized the City Council actions on three cases previously heard at
PZC.
1. City Council Action Updates:
PZC 2020-02: Tyler Edwards on behalf of Menards: Final Plat approved.
PZC 2020-03: Luz Padilla on behalf of Abby Properties: The PUD application was
withdrawn by the applicant and the Final Plat was approved.
PZC 2020-05: Text Amendment for Alternative Energy Systems: Text Amendment
was approved.
2. Appointment of a Vice-Chairman for the Planning and Zoning Commission
A new Vice-Chairman is selected each year. Mr. Williams volunteered to be Vice-
Chairman for 2021. Mr. Marcum moved and Mr. Hyett seconded the motion to select
Mr. Williams as the new Vice-Chairman.
Roll call: Williams-yes, Hyett-yes, Marcum-yes, Millen-yes, Olson-yes. Carried 5-0.
Planning & Zoning Commissioner's Training Series: 2020 Revised Schedule
Ms. Noble drafted a new schedule due to the disruption in the series because of the
pandemic. She is open to any suggestions or changes.
Adjournment
There was no further business and the meeting was adjourned at 7:28pm on a motion by
Mr. Williams and second by Mr. Hyett. Approved on unanimous voice vote.
Respectfully submitted by
Marlys Young, Minute Taker/remote
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PZC -Public Hearing -September 9,2020
1
UNITED CITY OF YORKVILLE
YORKVILLE,ILLINOIS
PLANNING AND ZONING COMMISSION
PUBLIC HEARING
800 Game Farm Road
Yorkville,Illinois
Wednesday,September 9 ,2020
7 :00 p .m .
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PZC -Public Hearing -September 9,2020
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PRESENT:
Mr.Jeff Olson,Chairman,
Mr.Rusty Hyatt,
Mr.Donald Marcum,
Mr.Greg Millen,
Mr.Danny Williams.
ALSO PRESENT:
Ms.Krysti Barksdale-Noble,Community
Development Director;
Mr.Jason Engberg,Senior Planner;
Ms.Marlys Young,Minute Taker.
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PZC -Public Hearing -September 9,2020
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(WHEREUPON,the following
proceedings were in
public hearing:)
CHAIRMAN OLSON:There is one public
hearing scheduled for tonight's Planning and
Zoning Commission meeting.The purpose of this
hearing is to invite testimony from members of
the public regarding the proposed request that
is being considered before this Commission
tonight.
Public testimony from persons
present or in zoomland who wish to speak may be
for or against the request or to ask questions of
the petitioner regarding requests to be heard.
Those persons wishing to testify are
asked to speak clearly,one at a time,state your
name,who you represent.You are also asked to
sign in at the podium,and we don't have that,so
Jason is going to do sign-in for you.
If you plan to speak during
tonight's public hearing as the petitioner,which
I believe is David,who is on the zoom here,or
as a member of the public,if you would,sir,
please stand,raise your right hand,and repeat
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PZC -Public Hearing -September 9,2020
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after me.
(Witnesses sworn.)
CHAIRMAN OLSON:I am going to assume
that David in zoomland also did that.
MR.POLLOCK:That's correct.
CHAIRMAN OLSON:All right.So the
order for receiving testimony during this public
hearing will be the petitioner will make their
presentation,and then anyone who is speaking in
favor of their request will speak,and then
anyone who is speaking in opposition to their
request will speak.
(Inaudible.)
CHAIRMAN OLSON:That's fine.So you
will go --Then if you want,you can.If you
don't want,you don't have to,but after he is
done with the presentation,you get your chance.
Yes,sir.
May I have a motion then to open
the public hearing on Petition number PZC
2020-0 8 ,David A .Pollock,BAMM --B -A -M -M or
BAMM Sign?
MR.POLLOCK:Bamm Sign.
CHAIRMAN OLSON:BAMM Sign,application
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PZC -Public Hearing -September 9,2020
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for sign variance.
COMMISSIONER MARCUM:So moved.
COMMISSIONER WILLIAMS:Second.
CHAIRMAN OLSON:A roll call vote,
please.
MS.YOUNG:Marcum.
COMMISSIONER MARCUM:Yes.
MS.YOUNG:Millen.
COMMISSIONER MILLEN:Yes.
MS.YOUNG:Olson.
CHAIRMAN OLSON:Yes.
MS.YOUNG:Williams.
COMMISSIONER WILLIAMS:Yes.
MS.YOUNG:Hyatt.
COMMISSIONER HYATT:Yes.
MS.YOUNG:Thank you.
CHAIRMAN OLSON:The public hearings up
for tonight are the following:PZC 2020-0 8 ,
David A .Pollock,BAMM Sign,Incorporated,doing
business as Signarama-Aurora,petitioner,has
filed an application with the United City of
Yorkville,Kendall County,Illinois,requesting
sign variance approval to permit a sign to be
erected taller than 12 feet in height as stated
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PZC -Public Hearing -September 9,2020
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in Section 10-20-9 -A -1 of the Yorkville Municipal
Code.
The real property is located at the
southeast corner of Veterans Parkway and Game
Farm Road in Yorkville,Illinois,commonly known
as 1308 Game Farm Road,Yorkville,or Hillcrest
Nursing Home.
The petitioner is looking to replace
the monument sign which was removed due to the
State widening of Route 34 during the IDOT
construction.
Is the petitioner for PZC 2020-08,
sign variance application,present and prepared
to make their presentation of the proposed
request?
MR.POLLOCK:Yes.
CHAIRMAN OLSON:David,are you --
MR.POLLOCK:Yes,David Pollock is
present.
CHAIRMAN OLSON:Okay.Then by all
means,go ahead.
MR.POLLOCK:We request a variance to
the requirement that the sign be no more than
12 feet high,or eight feet high,because the
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PZC -Public Hearing -September 9,2020
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property begins at approximately 18 feet high
because of the widening of Route 34 and the wall
that has been built,that the property starts at
approximately 18 feet high,so to have a sign we
would --it would be impossible to have a sign
unless it was built into the ground.
CHAIRMAN OLSON:The elevation is
different.
MR.POLLOCK:The elevation,correct.
CHAIRMAN OLSON:Anything else you want
to add?
MR.POLLOCK:I believe the sign would
meet all requirements of the town in all other
respects.
CHAIRMAN OLSON:Okay.Sorry,one
second.All right.Is there anyone who wishes
to speak in favor of the request or ask questions
of --
MR.DEUTSCH:Question.
CHAIRMAN OLSON:Sir,do you still want
him at the podium?Will that pick up his voice?
MR.ENGBERG:I will grab it.
CHAIRMAN OLSON:Okay.There is a
member of the public here who is going to ask a
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PZC -Public Hearing -September 9,2020
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question of the petitioner.
MR.DEUTSCH:I still don't understand
why it has to be 12 feet or over when it's
sitting at the very top of a hill.
MR.POLLOCK:Because the elevation is
measured from the crown of the road,which is
16 --18 feet below the actual ground line.
MR.DEUTSCH:I understand that the
elevation is 18 feet at that point,the hill is
still at the 18-foot level,so another 12 feet I
don't understand.
CHAIRMAN OLSON:So I think what the
disconnect is,the sign itself,so the monument
sign from grade to the top of the sign --
MR.DEUTSCH:Yeah.
CHAIRMAN OLSON:--is only 78 inches in
height,so it's only six foot tall.
MR.DEUTSCH:Oh,well,that's a huge
difference.
CHAIRMAN OLSON:I agree with you,but
the 12 foot coming out of the ground is what we
are dealing with here.The 12 foot that you are
talking about is correct,the Zoning Ordinance
says that if we're measuring from the center line
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PZC -Public Hearing -September 9,2020
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on the street,that elevation,the top of the
monument sign can't be greater than 12 foot above
the center line on the road.
MR.DEUTSCH:Okay,and you just said
something that I want to be sure I understand,
and that is,can't be above 12,but it is
stipulated there it will be --can be --
CHAIRMAN OLSON:So what they are
a pplying a variance for is a variance because of
what IDOT delivered them,right,that hill with
the retaining wall,they don't have any area to
put --and I 'm putting words in your mouth here,
David,I 'm trying to explain it the best I can.
What they're trying to do is still
put a monument sign up on the hill,but they need
a variance from there,right?
If there is a six-and-a -half foot
monument sign on top of the 18-foot hill,that
top of the monument sign will be 24 feet above
the center line of the existing road,but IDOT
created a condition for them that they can't do
it any other way,right,IDOT won't allow them to
put a sign on that retaining wall,they don't own
the property down at grade anymore because IDOT
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PZC -Public Hearing -September 9,2020
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took it away,so that's why I believe David
Pollock is --either confirm or deny --that's
why they are petitioning.
MR.DEUTSCH:Well,how much higher can
they be than that?Because that stipulates
nothing,it just gives them an open --
CHAIRMAN OLSON:So to answer that
question,whenever anyone wants to install a sign
with the City,they have to give a print that
shows a design for the sign and the dimensions,
and they are bound by those dimensions.
There is a requirement that they
can't go a certain square footage on a sign,it
can't be a 500 square foot sign,it has to be --
Do you remember what it is off the top of your
head?
MR.ENGBERG:It's 32 square feet.
CHAIRMAN OLSON:32 square feet is all
it is.
MR.DEUTSCH:And they have done that?
CHAIRMAN OLSON:Yes.
MR.DEUTSCH:They have done that?
CHAIRMAN OLSON:Yes.They have
supplied us --You can have this copy here,I
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PZC -Public Hearing -September 9,2020
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have a second.
You can see that the dimension on
the height I think it says 78 inches,six and a
half foot,and it's roughly about the same in
width.
MR.DEUTSCH:Okay.
CHAIRMAN OLSON:So it's not going to be
an up-to sign,like I was thinking,too,when I
read it the first time.
MR.DEUTSCH:I am thinking it's going
to be way up in the air.That's ridiculous.
That's obtrusive for the subdivision.
CHAIRMAN OLSON:When I read it,too,I
thought we were going to be the Wisconsin Dells
here,too.I hear you.I was thinking the same
thing.
All right.Does anyone else --And
there is no one else in the room,so I am
assuming no one else is speaking in opposition.
I don't know how much you picked up
of that conversation,but is there any questions
from commissioners for David Pollock,the
petitioner?
COMMISSIONER MARCUM:No,it sounds okay
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PZC -Public Hearing -September 9,2020
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to me.
CHAIRMAN OLSON:Anyone else?
(No response.)
CHAIRMAN OLSON:Okay.Since all public
testimony during this petition has been taken,
may I have a motion,please,to close the taking
of testimony in this public hearing?
COMMISSIONER WILLIAMS:So moved.
COMMISSIONER MARCUM:Second.
CHAIRMAN OLSON:Roll call vote on the
motion,please,ma'am.
MS.YOUNG:Yes.Millen.
COMMISSIONER MILLEN:Yes.
MS.YOUNG:Olson.
CHAIRMAN OLSON:Y es.
MS.YOUNG:Williams.
COMMISSIONER WILLIAMS:Yes.
MS.YOUNG:Hyatt.
COMMISSIONER HYATT:Yes.
MS.YOUNG:And Marcum.
COMMISSIONER MARCUM:Yes.
MS.YOUNG:Thank you.
CHAIRMAN OLSON:The public hearing
portion of tonight's meeting is closed.
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(Which were all the
proceedings had in the
public hearing portion
of the meeting.)
---o 0 o ---
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PZC -Public Hearing -September 9,2020
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STATE OF ILLINOIS )
)SS.
COUNTY OF LASALLE )
I,Christine M.Vitosh, a Certified Shorthand
Reporter,do hereby certify that I transcribed
the proceedings had at the pubic hearing and that
the foregoing,Pages 1 through 14 inclusive,is a
true,correct and complete computer-generated
transcript of the proceedings had at the time and
place aforesaid.
I further certify that my certificate annexed
hereto applies to the original transcript and
copies thereof,signed and certified under my
hand only. I assume no responsibility for the
accuracy of any reproduced copies not made under
my control or direction.
As certification thereof, I have hereunto set
my hand this 16th day of September, A.D.,2020.
Christine M.Vitosh,CSR
Illinois CSR No.084-002883
0
084-002883 [1]-14:20
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1 [1]-14:6
10-20-9-A-1 [1]-6:1
12 [8]-5:24,6:24,8:3,
8:10,8:21,8:22,9:2,
9:6
1308 [1]-6:6
14 [1]-14:6
16 [1]-8:7
16th [1]-14:17
18 [4]-7:1,7:4,8:7,
8:9
18-foot [2]-8:10,9:18
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2020 [2]-1:20,14:17
2020-08 [3]-4:21,
5:18,6:12
24 [1]-9:19
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32 [2]-10:17,10:18
34 [2]-6:10,7:2
5
500 [1]-10:14
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78 [2]-8:16,11:3
7:00 [1]-1:21
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800 [1]-1:16
9
9 [1]-1:20
A
A.D [1]-14:17
accuracy [1]-14:14
actual [1]-8:7
add [1]-7:11
aforesaid [1]-14:9
agree [1]-8:20
ahead [1]-6:21
air [1]-11:11
allow [1]-9:22
ALSO [1]-2:8
AND [1]-1:9
annexed [1]-14:10
answer [1]-10:7
application [3]-4:24,
5:21,6:13
applies [1]-14:11
applying [1]-9:9
approval [1]-5:23
area [1]-9:11
assume [2]-4:3,
14:13
assuming [1]-11:19
Aurora [1]-5:20
B
BAMM [5]-4:21,4:22,
4:24,5:19
Bamm [1]-4:23
Barksdale [1]-2:9
Barksdale-Noble [1]-
2:9
begins [1]-7:1
below [1]-8:7
best [1]-9:13
bound [1]-10:11
built [2]-7:3,7:6
business [1]-5:20
C
center [3]-8:24,9:3,
9:20
certain [1]-10:13
certificate [1]-14:10
certification [1]-
14:16
Certified [1]-14:3
certified [1]-14:12
certify [2]-14:4,
14:10
Chairman [1]-2:2
CHAIRMAN [30]-3:4,
4:3,4:6,4:14,4:24,
5:4,5:11,5:17,6:17,
6:20,7:7,7:10,7:15,
7:20,7:23,8:12,
8:16,8:20,9:8,10:7,
10:18,10:21,10:23,
11:7,11:13,12:2,
12:4,12:10,12:15,
12:23
chance [1]-4:17
Christine [2]-14:3,
14:20
City [2]-5:21,10:9
CITY [1]-1:5
clearly [1]-3:16
close [1]-12:6
closed [1]-12:24
Code [1]-6:2
coming [1]-8:21
COMMISSION [1]-
1:9
Commission [2]-3:6,
3:9
COMMISSIONER [13]
-5:2,5:3,5:7,5:9,
5:13,5:15,11:24,
12:8,12:9,12:13,
12:17,12:19,12:21
commissioners [1]-
11:22
commonly [1]-6:5
Community [1]-2:9
complete [1]-14:7
computer [1]-14:7
computer-generated
[1]-14:7
condition [1]-9:21
confirm [1]-10:2
considered [1]-3:9
construction [1]-
6:11
control [1]-14:15
conversation [1]-
11:21
copies [2]-14:12,
14:14
copy [1]-10:24
corner [1]-6:4
correct [4]-4:5,7:9,
8:23,14:7
COUNTY [1]-14:2
County [1]-5:22
created [1]-9:21
crown [1]-8:6
CSR [2]-14:20,14:20
D
Danny [1]-2:6
David [9]-3:22,4:4,
4:21,5:19,6:17,
6:18,9:13,10:1,
11:22
dealing [1]-8:22
delivered [1]-9:10
Dells [1]-11:14
deny [1]-10:2
design [1]-10:10
DEUTSCH [11]-7:19,
8:2,8:8,8:15,8:18,
9:4,10:4,10:20,
10:22,11:6,11:10
Development [1]-
2:10
difference [1]-8:19
different [1]-7:8
dimension [1]-11:2
dimensions [2]-
10:10,10:11
direction [1]-14:15
Director [1]-2:10
disconnect [1]-8:13
Donald [1]-2:4
done [3]-4:17,10:20,
10:22
down [1]-9:24
due [1]-6:9
during [4]-3:20,4:7,
6:10,12:5
E
eight [1]-6:24
either [1]-10:2
elevation [5]-7:7,
7:9,8:5,8:9,9:1
Engberg [1]-2:11
ENGBERG [2]-7:22,
10:17
erected [1]-5:24
existing [1]-9:20
explain [1]-9:13
F
Farm [3]-1:16,6:5,
6:6
favor [2]-4:10,7:17
feet [12]-5:24,6:24,
7:1,7:4,8:3,8:7,
8:9,8:10,9:19,
10:17,10:18
filed [1]-5:21
fine [1]-4:14
first [1]-11:9
following [2]-3:1,
5:18
foot [7]-8:17,8:21,
8:22,9:2,9:17,
10:14,11:4
footage [1]-10:13
foregoing [1]-14:6
G
Game [3]-1:16,6:4,
Vitosh Reporting Service
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PZC -Public Hearing -September 9,2020
1
6:6
generated [1]-14:7
grab [1]-7:22
grade [2]-8:14,9:24
greater [1]-9:2
Greg [1]-2:5
ground [3]-7:6,8:7,
8:21
H
half [2]-9:17,11:4
hand [3]-3:24,14:13,
14:17
head [1]-10:16
hear [1]-11:15
heard [1]-3:14
HEARING [1]-1:10
hearing [10]-3:3,3:5,
3:7,3:21,4:8,4:20,
12:7,12:23,13:3,
14:5
hearings [1]-5:17
height [3]-5:24,8:17,
11:3
hereby [1]-14:4
hereto [1]-14:11
hereunto [1]-14:16
high [4]-6:24,7:1,
7:4
higher [1]-10:4
hill [5]-8:4,8:9,9:10,
9:15,9:18
Hillcrest [1]-6:6
Home [1]-6:7
huge [1]-8:18
Hyatt [3]-2:3,5:14,
12:18
HYATT [2]-5:15,
12:19
I
IDOT [5]-6:10,9:10,
9:20,9:22,9:24
ILLINOIS [2]-1:6,
14:1
Illinois [4]-1:17,5:22,
6:5,14:20
impossible [1]-7:5
inaudible [1]-4:13
inches [2]-8:16,11:3
inclusive [1]-14:6
Incorporated [1]-
5:19
install [1]-10:8
invite [1]-3:7
itself [1]-8:13
J
Jason [2]-2:11,3:19
Jeff [1]-2:2
K
Kendall [1]-5:22
known [1]-6:5
Krysti [1]-2:9
L
LASALLE [1]-14:2
level [1]-8:10
line [4]-8:7,8:24,9:3,
9:20
located [1]-6:3
looking [1]-6:8
M
ma'am [1]-12:11
Marcum [3]-2:4,5:6,
12:20
MARCUM [5]-5:2,
5:7,11:24,12:9,
12:21
Marlys [1]-2:12
means [1]-6:21
measured [1]-8:6
measuring [1]-8:24
meet [1]-7:13
meeting [3]-3:6,
12:24,13:4
member [2]-3:23,
7:24
members [1]-3:7
Millen [1]-2:5
millen [2]-5:8,12:12
MILLEN [2]-5:9,
12:13
Minute [1]-2:12
monument [6]-6:9,
8:13,9:2,9:15,9:18,
9:19
motion [3]-4:19,
12:6,12:11
mouth [1]-9:12
moved [2]-5:2,12:8
MR [21]-4:5,4:23,
6:16,6:18,6:22,7:9,
7:12,7:19,7:22,8:2,
8:5,8:8,8:15,8:18,
9:4,10:4,10:17,
10:20,10:22,11:6,
11:10
MS [12]-5:6,5:8,
5:10,5:12,5:14,
5:16,12:12,12:14,
12:16,12:18,12:20,
12:22
Municipal [1]-6:1
N
name [1]-3:17
need [1]-9:15
Noble [1]-2:9
nothing [1]-10:6
number [1]-4:20
Nursing [1]-6:7
O
obtrusive [1]-11:12
OF [3]-1:5,14:1,14:2
Olson [3]-2:2,5:10,
12:14
OLSON [30]-3:4,4:3,
4:6,4:14,4:24,5:4,
5:11,5:17,6:17,
6:20,7:7,7:10,7:15,
7:20,7:23,8:12,
8:16,8:20,9:8,10:7,
10:18,10:21,10:23,
11:7,11:13,12:2,
12:4,12:10,12:15,
12:23
one [5]-3:4,3:16,
7:15,11:18,11:19
open [2]-4:19,10:6
opposition [2]-4:11,
11:19
order [1]-4:7
Ordinance [1]-8:23
original [1]-14:11
own [1]-9:23
P
p.m [1]-1:21
Pages [1]-14:6
Parkway [1]-6:4
permit [1]-5:23
persons [2]-3:11,
3:15
petition [1]-12:5
Petition [1]-4:20
petitioner [8]-3:14,
3:21,4:8,5:20,6:8,
6:12,8:1,11:23
petitioning [1]-10:3
pick [1]-7:21
picked [1]-11:20
place [1]-14:9
plan [1]-3:20
Planner [1]-2:11
PLANNING [1]-1:9
Planning [1]-3:5
podium [2]-3:18,
7:21
point [1]-8:9
POLLOCK [8]-4:5,
4:23,6:16,6:18,
6:22,7:9,7:12,8:5
Pollock [5]-4:21,
5:19,6:18,10:2,
11:22
portion [2]-12:24,
13:3
prepared [1]-6:13
present [3]-3:12,
6:13,6:19
PRESENT [2]-2:1,
2:8
presentation [3]-4:9,
4:17,6:14
print [1]-10:9
proceedings [4]-3:2,
13:2,14:5,14:8
property [4]-6:3,7:1,
7:3,9:24
proposed [2]-3:8,
6:14
pubic [1]-14:5
PUBLIC [1]-1:10
public [14]-3:3,3:4,
3:8,3:11,3:21,3:23,
4:7,4:20,5:17,7:24,
12:4,12:7,12:23,
13:3
purpose [1]-3:6
put [3]-9:12,9:15,
9:23
putting [1]-9:12
PZC [3]-4:20,5:18,
6:12
Q
questions [3]-3:13,
7:17,11:21
R
raise [1]-3:24
read [2]-11:9,11:13
real [1]-6:3
receiving [1]-4:7
regarding [2]-3:8,
3:14
remember [1]-10:15
removed [1]-6:9
repeat [1]-3:24
replace [1]-6:8
Reporter [1]-14:4
represent [1]-3:17
reproduced [1]-
14:14
request [7]-3:8,3:13,
4:10,4:12,6:15,
6:22,7:17
requesting [1]-5:22
requests [1]-3:14
requirement [2]-
6:23,10:12
requirements [1]-
7:13
respects [1]-7:14
response [1]-12:3
responsibility [1]-
14:13
retaining [2]-9:11,
9:23
ridiculous [1]-11:11
road [3]-8:6,9:3,
9:20
Road [3]-1:16,6:5,
6:6
roll [2]-5:4,12:10
room [1]-11:18
roughly [1]-11:4
Route [2]-6:10,7:2
Rusty [1]-2:3
S
scheduled [1]-3:5
second [4]-5:3,7:16,
11:1,12:9
Section [1]-6:1
see [1]-11:2
Senior [1]-2:11
September [2]-1:20,
14:17
set [1]-14:16
Shorthand [1]-14:3
shows [1]-10:10
sign [24]-3:18,3:19,
5:1,5:23,6:9,6:13,
6:23,7:4,7:5,7:12,
8:13,8:14,9:2,9:15,
9:18,9:19,9:23,
10:8,10:10,10:13,
10:14,11:8
Sign [4]-4:22,4:23,
4:24,5:19
sign-in [1]-3:19
Signarama [1]-5:20
Signarama-Aurora [1]
-5:20
Vitosh Reporting Service
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PZC -Public Hearing -September 9,2020
2
signed [1]-14:12
sitting [1]-8:4
six [3]-8:17,9:17,
11:3
six-and-a-half [1]-
9:17
sorry [1]-7:15
sounds [1]-11:24
southeast [1]-6:4
speaking [3]-4:9,
4:11,11:19
square [4]-10:13,
10:14,10:17,10:18
SS [1]-14:1
stand [1]-3:24
starts [1]-7:3
State [1]-6:10
state [1]-3:16
STATE [1]-14:1
still [4]-7:20,8:2,
8:10,9:14
stipulated [1]-9:7
stipulates [1]-10:5
street [1]-9:1
subdivision [1]-
11:12
supplied [1]-10:24
sworn [1]-4:2
T
Taker [1]-2:12
tall [1]-8:17
taller [1]-5:24
testify [1]-3:15
testimony [5]-3:7,
3:11,4:7,12:5,12:7
thereof [2]-14:12,
14:16
thinking [3]-11:8,
11:10,11:15
tonight [2]-3:10,5:18
tonight's [3]-3:5,
3:21,12:24
took [1]-10:1
top [6]-8:4,8:14,9:1,
9:18,9:19,10:15
town [1]-7:13
transcribed [1]-14:4
transcript [2]-14:8,
14:11
true [1]-14:7
trying [2]-9:13,9:14
U
under [2]-14:12,
14:14
UNITED [1]-1:5
United [1]-5:21
unless [1]-7:6
up [6]-5:17,7:21,
9:15,11:8,11:11,
11:20
up-to [1]-11:8
V
variance [7]-5:1,
5:23,6:13,6:22,9:9,
9:16
Veterans [1]-6:4
Vitosh [2]-14:3,
14:20
voice [1]-7:21
vote [2]-5:4,12:10
W
wall [3]-7:2,9:11,
9:23
wants [1]-10:8
Wednesday [1]-1:20
WHEREUPON [1]-
3:1
widening [2]-6:10,
7:2
width [1]-11:5
Williams [3]-2:6,
5:12,12:16
WILLIAMS [4]-5:3,
5:13,12:8,12:17
Wisconsin [1]-11:14
wish [1]-3:12
wishes [1]-7:16
wishing [1]-3:15
witnesses [1]-4:2
words [1]-9:12
Y
YORKVILLE [2]-1:5,
1:6
Yorkville [5]-1:17,
5:22,6:1,6:5,6:6
YOUNG [12]-5:6,5:8,
5:10,5:12,5:14,
5:16,12:12,12:14,
12:16,12:18,12:20,
12:22
Young [1]-2:12
Z
ZONING [1]-1:9
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PZC -Public Hearing -September 9,2020
3
Zoning [2]-3:6,8:23
zoom [1]-3:22
zoomland [2]-3:12,
4:4
Summary
A proposed text amendment to Sections 10-20-4: Definitions and 10-20-11: Nonconforming
Signs of the City’s Zoning Ordinance to allow for certain existing nonconforming freestanding
monument signs to be modified without the requirement to bring the sign fully into compliance with
the current code regulations. Specifically, allowing a one-for-one replacement of an existing static
message board sign (i.e., manual changeable copy) with a new electronic message board of the same
size for those non-residential land uses seeking to upgrade to current technology. Staff originally
published the request to limit the text amendment to only affect signs located along major
thoroughfares such as IL-47, US-34, IL-71 and Eldamain Road but now are recommending this
amendment will pertain to all existing non-conforming monument signs.
Additionally, the text amendment proposes to define the word “maintenance” in the Zoning
Ordinance to provide further clarity for staff and the public about activities permitted in the upkeep of
existing nonconforming signs.
Background
Over the past decade, the City Council approved two (2) comprehensive revisions to the Sign
Ordinance, the first in 2008 and the most recent in 2014. In both of these comprehensive revisions,
the City Council has tightened its regulations on signs with specific requirements related to type,
material, number and size. Many signs, particularly those located along major roadways, were
constructed in the 1990s and 2000s and are generally “legally nonconforming” to the current standards.
Meaning they were legally erected and met the sign ordinance at the time of their installation but are
not congruent with the current regulations.
It was contemplated that all nonconforming signs would transition to comply with the current
code within 5 years after the adoption of the general nonconforming uses and structures chapter of the
zoning ordinance (Section 10-15-4). However, compliance of this transition period was not strictly
enforced after the adoption of specific criteria for nonconforming signs in Section 10-20-11. However,
compliance is sought when business owners seek building permit approval for any alteration or
modification, outside of routine maintenance, to a nonconforming sign.
Typically, business owners or their sign companies are aware of the City’s ordinances and
apply for the permits in compliance with the regulations (dozens of sign permits are issued each year
without conflict). While there are occasions when sign permits for nonconforming sign alterations are
denied, the sign company or business owner usually retools their design and resubmits to the City
without incident.
Recently, a local businessowner wanted to replace their existing static message board sign with
an electronic message board sign of roughly the same size but was denied due to the existing sign’s
nonconformities with the current ordinance’s regulations related to the sign type, overall size and
Memorandum
To: Planning and Zoning Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Jason Engberg, Senior Planner
Date: January 4, 2021
Subject: PZC 2020-14 Nonconforming Signs (Text Amendment)
Proposal to exempt certain nonconforming signs from elimination if
replacing a static message board with an electronic message board
height. The businessowner stated it would be a financial hardship to bring the sign into full compliance.
Based upon this, it was direction from the Mayor at a recent City Council meeting for staff to revisit
this section of the sign ordinance to allow for certain modifications/upgrades to existing
nonconforming signs without the added expense of bringing the entire sign into conformance with the
current ordinance.
Proposed Text Amendment
Considering the recent economic stress on businesses during the pandemic, recent roadway
improvements to widen and reconstruct major thoroughfares in Yorkville to accommodate increased
vehicular travel, and industry changes to sign technology, staff proposes the following text
amendments to the Sections 10-20-4: Definitions and 10-20-11: Nonconforming Signs of the City’s
Zoning Ordinance to define the term “maintenance” as it relates to nonconforming signs and provide
for an exemption to certain nonconforming signs to allow the installation of electronic message boards:
Section 10-20-4: Definitions
Amend and insert the following definition:
MAINTENANCE: care associated with the general upkeep of a sign which includes minor repair of
rusted or damaged components, including nailing, cleaning and replacement of nuts and bolts,
repainting, replacing of malfunctioning parts, and re-facing of existing signs when the re-facing does
not result in any structural alterations, additional signs or additional sign appendages. Lighting fixtures
may be repaired or replaced with fixtures of a similar size, including but not limited to repairs or
replacements that increase energy efficiency. Routine maintenance of a nonconforming sign shall not
include any addition of or increase in illumination, structural alterations, enlargements or expansions
unless the alteration, enlargement or expansion will result in the elimination of the nonconforming
aspects of the signs.
Section 10-20-11: Nonconforming Signs
Amend and insert the following:
G. The replacement of an existing non-conforming freestanding static message board signs with an
electronic message board sign is permitted if such replacement does not increase the overall existing
sign size.
Analysis of Existing Nonconforming Signs
Staff conducted a very cursory review of existing signage along the City’s major thoroughfares
(IL-126, IL-71, IL-47, US-34 and Eldamain Road), and commercial/industrially zoned areas not along
major roadways. The following charts provide an overview of the number of signs per roadway,
number of signs that are covered by an annexation, planned unit development (PUD) or other
agreement, and the number/percent signs which are potentially legally nonconforming.
Major Thoroughfare Number of
Signs
Annexation/PUD/Other
Agreement
Potentially Legally
Nonconforming
IL-47 (Bridge) 79 20 38
US 34 (Veterans) 39 15 13
Eldamain 0 0 0
IL-71 (Stagecoach) 5 1 3
IL-126 (Schoolhouse) 5 0 2
TOTAL 128 36 56
Non-Major Thoroughfare Number
of Signs
Annexation/PUD/Other
Agreement
Potentially
Legally
Nonconforming
Van Emmon St. 1 0 1
Hydraulic St. 1 0 1
Boombah Blvd./Commercial Drive
(Yorkville Business Center)
3 2 1
Deer/Badger/Wolf/Beaver (Fox
Industrial Park)
15 0 10
McHugh Rd. 4 3 1
Cannonball Trail 4 3 1
Galena Rd. 1 0 0
Kendall Drive/Center Pkwy/Countryside 13 5 9
John St. 3 3 1
TOTAL 45 16 25
Based upon the preliminary data above regarding the existing ground-mounted signage along the five
(5) major thoroughfares in Yorkville, 36 (28%) of the 128 signs are permitted through an annexation,
planned unit development or another approving ordinance (i.e. variance). Of those existing signs, there
are 56 (44%) potentially legally nonconforming. Most of the legally non-conforming signs are located
along IL-47 (Bridge). When further amendments to the Sign Ordinance are proposed, considerable
attention should be given to the number and location of these signs.
In regard to the preliminary data related to existing ground-mounted signage along the non-major
thoroughfares in Yorkville, 16 (35%) of the 45 signs are allowed as part of an annexation, planned unit
development or another approving ordinance (i.e. variance).Of those existing signs, there are 25 (55%)
potentially legally nonconforming. The majority of the legally nonconforming signs are within the Fox
Industrial Park and along Kendall Drive/Center Parkway/Countryside Parkways roadways, which are
in the oldest areas in the City and developed long before the more recent revisions to the Sign
Ordinances in 2009 and 2014.
Historical Sign Permit Data:
For context, attached is a summary report of the City’s sign permit data over the past 5 years.
It shows the total number of sign permits applied for and issued; a breakdown of denials; a breakdown
of legally nonconforming applications; and a brief description of certain pertinent information related
to some permits.
In terms of overall trends, of the 322 sign permit applications submitted in the last 5 years, only 11
applications were related to existing legally non-conforming signs (3.4%). Additionally, only one (1)
of those eleven (11) sign applications related to a sign replacing a static message board with a digital
display.
Staff Comments/Recommendation:
Staff believes the proposed text amendment allowing for certain existing nonconforming
freestanding monument signs to be modified so that static message boards can be replaced with a same-
sized electronic message boards without bringing the entire sign fully into compliance would be
beneficial to city businesses. While the original proposed text amendment focused on those businesses
located along major thoroughfares, which have been heavily impacted by recent roadway widenings
where existing stationary signs may be deemed less effective and inefficient when updating consumer
messaging, there is some merit in expanding it to non-residential uses throughout the city.
While historical data indicates these types of requests account for less than 1% of all permits
applied for over the past 5 years, the proposed text amendment may result in a slight uptick in permit
requests as businesses may take this opportunity to invest in upgrading the technology of their sign.
Based upon this, staff feels the text amendment is warranted and appropriate.
Proposed Motion for Amendment:
In consideration of testimony presented during a Public Hearing on January 13, 2021 and
discussions conducted at that meeting, the Planning and Zoning Commission recommends approval
to the City Council a request for text amendment to Sections 10-20-4: Definitions and 10-20-11:
Nonconforming Signs of the City’s Zoning Ordinance to allow for certain existing nonconforming
freestanding monument signs to be modified without the requirement to bring the sign fully into
compliance with the current code regulations, as recommended in a staff memo dated January 4,
2021, and further subject to {insert any additional conditions of the Planning and Zoning
Commission}…
Attachments
1. 5-Year Permit Report of Sign Permit Data
2. Title 10: Zoning, Chapter 20: Signs
3. Public Hearing Notice
4. 2020 Zoning Map
5. 2020 Development Map
5 Year Permit Report | 2016-2020
Permits
Total Permits Applied For 322
Total Permits Issued 290
Percent of Permits Issued 90.1%
Denials
Total Denied Permits 20
Percent of total permits 6.2%
Denied permits that resubmitted and conformed 13
Percent of denied permits 65.0%
Percent of total permits 4.0%
Denied permits that did not resubmit or move forward 7
Percent of denied permits 35.0%
Percent of total permits 2.2%
Legally Nonconforming
Total permits applied for which involved a legally nonconforming sign 11 *
Percent of total permits 3.4%
Permitted - changes were non-structural (reface)4
Percent of legally nonconforming permits 36.4%
Percent of total permits 3.4%
Denied permits that resubmitted and conformed 6 **
Percent of legally nonconforming permits 54.5%
Percent of total permits 1.9%
Denied permits that did not resubmit or move forward 1 ***
Percent of legally nonconforming permits 9.1%
Percent of total permits 0.3%
*** Shell at 34 and 47 wanted to enlarge their monument sign to add sign area that said "Car Wash".
It was denied and the petitioner did not move forward with the change.
** 5 of these were due to the widening of Route 34. They have pole signs which needed to be moved. A condition of the
permit to relocate the signs was to have them replaced with conforming signs or get a variance within 5 years.
1 other applicant wanted to modify the pole and cabinet (Taco Bell/KFC). They resubmitted a conforming monument
sign.
* Includes the south side Shell station with the reface of the electronic changeable copy sign. This was the only legally
nonconforming modification which involved a changeable copy sign.
CHAPTER 20
SIGNS
SECTION:
10-20-1: Principles
10-20-2: Purpose
10-20-3: Scope
10-20-4: Definitions
10-20-5: Signs Exempt From This Chapter
10-20-6: General Provisions
10-20-7: Prohibited Signs
10-20-8: Permitted Signs; Agricultural And Residential Zoning Districts
10-20-9: Permitted Signs; Business Zoning Districts
10-20-10: Permitted Signs; Manufacturing Zoning Districts
10-20-11: Nonconforming Signs
10-20-12: Permitting Procedures
10-20-13: Sign Variations
10-20-1: PRINCIPLES:
The provisions of this chapter recognize that:
A. There is a significant relationship between the manner in which signs are displayed and public
safety and the value, quality of life and economic stability of adjoining property and overall city.
B. The reasonable display of signs is necessary as a public service and necessary to the conduct
of competitive commerce and industry.
C. Signs are a constant and very visible element of the public environment and as such should
meet the same high standards of quality set for other forms of development in the city. (Ord. 2014-73,
11-25-2014)
10-20-2: PURPOSE:
The regulation of signs by this chapter is intended to promote and protect the public health, safety and
welfare by:
A. Enhancing the economic condition of the city by promoting reasonable, orderly and effective use
and display of signs.
B. Enhancing the physical appearance of the city.
C. Protecting the general public from damage and injury which might be caused by the faulty and
uncontrolled and inappropriate construction and use of signs within the city.
D. Protecting the public use of streets and rights of way by reducing advertising distractions that
may increase traffic accidents and congestion.
E. Preserving the value of private property by assuring the compatibility in design and scale of
signs with adjacent properties and uses.
Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this
chapter:
A. Establishes minimum standards for the display of signs in direct relationship to the functional
use of property and to the intensity of development as permitted within the zoning districts which are
provided in this chapter.
B. Regulates the size, location, height, installation and other pertinent features of new signs.
C. Requires the removal of derelict signs and the amortization of nonconforming signs.
D. Provides for the effective administration and enforcement of these regulations. (Ord. 2014-73,
11-25-2014)
10-20-3: SCOPE:
The regulations of this chapter shall govern and control the erection, enlargement, expansion,
alteration, operation, maintenance, relocation and removal of all signs within the city and any sign not
expressly permitted by these regulations shall be prohibited.
The regulations of this chapter relate to the location of signs, by function and type, within zoning
districts and shall be in addition to provisions of the city of Yorkville building code and the city of
Yorkville electrical code. (Ord. 2014-73, 11-25-2014)
10-20-4: DEFINITIONS:
ANIMATED, FLASHING OR MOVING SIGN: Any sign that uses lights that flash or alternate or which
include action or motion or the appearance of action or motion either physically or electronically.
AWNING, CANOPY OR MARQUEE SIGN: A sign that is mounted or painted on, or attached to, an
awning, canopy or marquee that is otherwise permitted by this chapter. The construction materials and
the manner of construction of all awnings, canopies and marquees shall be in accordance with the
Yorkville building code.
BANNER: Any sign made of vinyl, fabric, or similar material that is displayed on a pole or building.
National, state or municipal flags, and official flags of any institution or business shall not be
considered banners.
BILLBOARD: A structure for the permanent display of off premises advertisement which directs
attention to a business, commodity, service or entertainment conducted, sold, or offered at a location
other than the lot on which the sign is located. For the purposes of this chapter, this definition does not
include off premises sponsorship banners.
BUSINESS SIGN: A sign which directs attention to a business or profession conducted, or to a
commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises
where the sign is located or to which it is affixed. A business sign shall be a wall, canopy, awning,
marquee, or window sign.
COLD AIR INFLATABLE DEVICE: An inflatable device, without a frame, used as a portable sign for
promotions, sales or special events. A cold air balloon shall be ground mounted.
CONSTRUCTION SIGN: A sign erected on a lot on which construction is taking place, indicating the
names of the architects, engineers, landscape architects, contractors, and similar artisans, and the
owners, financial supporters, sponsors and similar persons or firms having a role or interest with
respect to the structure or project. Said sign shall be erected only so long as construction is occurring
on the lot. A construction sign shall be a wall or freestanding sign.
ELECTRONIC MESSAGE DISPLAY PANEL: A separate portion of a lawful sign capable of displaying
fixed or changing text, characters, figures or images using light emitting diodes (LEDs), liquid crystal
display (LCD), fiber optics, light bulbs or other illumination devices that can be electronically changed
by remote or automatic means. The following terms for electronic message display panels shall be
defined as follows:
Animation: The illusion of movement to drawings, models or inanimate objects by putting separate
pictures together to form the illusion of continuous motion.
Character: A letter, number, punctuation mark or decimal point.
Dissolve: Where static messages are changed by means of varying light intensity or pattern, where
the first message gradually appears to dissipate and lose legibility simultaneous to the gradual
appearance and legibility of the subsequent message.
Fade: Where static messages are changed by means of varying light intensity, where the first
message gradually reduces intensity to the point of not being legible and the subsequent message
gradually increases intensity to the point of legibility.
Nits: A luminance unit equal to one foot-candle per square meter measured perpendicular to the
rays from the source.
Scrolling: Where the message is changed by the apparent vertical movement of the letters or
graphic elements of the message.
Static: Graphics having no motion or movement of any type.
Text: Graphics consisting of letters, words, numbers, punctuation or decimal points only that do not
include any animation or video.
Travel: Where the message is changed by the apparent horizontal movement of the letters or
graphic elements of the message.
Video: Moving images that are a sequence of images of continuous motion and breaking it up into
discrete frames for subsequent display.
FREESTANDING SIGN: Any sign supported by structures or supports that are placed on or anchored
in the ground and that are independent from any building or other structure.
GRAND OPENING TEMPORARY SIGN: A temporary sign used for the purpose of advertising a
grand opening of a new business. A grand opening temporary sign may be a wall, marquee, canopy,
awning, or freestanding sign. Promotions, anniversary sales, special sales, or going out of business
sales do not apply.
GROUND MOUNTED/MONUMENT SIGN: A sign that is supported on a base that is equal in width
and depth to the frame of the sign itself. A ground mounted/monument sign must be constructed of
materials to match the principal structure.
IDENTIFICATION SIGN: A sign giving the name and address of a residential building, business,
development, industry, or other building or establishment. Such signs may be wholly or partly devoted
to a readily recognized symbol. An identification sign shall be a freestanding, wall, canopy, awning, or
marquee sign.
MENU BOARD SIGN: A sign at a remote location on a lot giving product and price information about
products sold on the lot to motorists in a waiting vehicle.
MESSAGE BOARD SIGN: A sign designed so that characters, letters or illustrations can be changed
manually without altering the face or surface of the sign.
OFF PREMISES SPONSORSHIP BANNER: Temporary signs which display advertisement for
sponsors of an event or facility, such as an athletic event or field, on the location where the sign is
located.
POLE SIGN: A freestanding sign supported by a column or columns whose total width is less than fifty
percent (50%) of the sign face depth.
PORTABLE SIGN: A movable sign, excluding trailer signs, that is not attached to a structure or affixed
to the ground or surface upon which it is located.
PROJECTING SIGN: A sign which in whole or in part is dependent upon the building for support and
projects more than twelve inches (12") from such building, except for awning, canopy and marquee
signs.
REAL ESTATE SIGN: A sign indicating the sale, rental, lease, or development of the lot, a portion of
the lot, or a building on the lot on which the sign is located. A real estate sign shall be a wall or
freestanding sign.
ROOF SIGN: A sign that is wholly dependent upon a building for support or mounted on the roof,
which projects more than six inches (6") above the highest point of a building or roof to which it is
attached.
SANDWICH SIGN OR A-FRAME SIGN: A temporary, portable sign constructed of two (2) boards
hinged together toward the top to permit the sign to stand when the bottom edges of the boards are
spread; each side of which is no more than twelve (12) square feet.
SNIPE SIGNS: A temporary or permanent nongovernmental sign in a public right of way which is
tacked, nailed, posted, pasted, glazed or otherwise affixed to a pole, stake, fence, traffic sign, traffic
control device, utility pole, tree or the ground.
TEMPORARY SIGNS: Any sign, banner, pennant, streamer, or advertising display constructed of
cloth, canvas, light fabric, cardboard, wallboard, or other lightweight material.
TRAILER SIGN: A sign mounted on a chassis with or without wheels.
VEHICLE SIGN: Any vehicle primarily situated to serve as a sign rather than as transportation. An
automobile, van, or truck displaying the name and/or other information regarding the related
establishment used for normal business operation or for employee transportation is not a vehicle sign.
WALL SIGN: A sign fastened to or painted on the wall of a building or structure in such a manner that
the wall becomes the supporting structure for, or forms the background surface of, the sign and which
does not project more than twelve inches (12") from such building or structure.
WIND FEATHER (Also Known As WIND FLAG, TEARDROP BANNER AND BLADE): Fabric or plastic
attention getting devices supported by a single pole and having a tall, narrow orientation whose
rotation is determined by the wind direction.
WINDOW SIGN: A sign which is applied or attached to or located within three feet (3') of the interior of
a window, which sign may be seen through the window from the exterior of the structure. (Ord. 2014-
73, 11-25-2014)
10-20-5: SIGNS EXEMPT FROM THIS CHAPTER:
Nothing in this chapter shall be construed as exempting the following signs from the building code or
those portions of this code applicable to signs. The following signs are otherwise exempt from
regulations of this chapter:
A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or civic
organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the
American flag and shall not be larger than the American flag.
B. Decorations customarily and commonly associated with a national, local or religious holiday,
celebration or anniversary provided that such decorations shall not be displayed for more than sixty
(60) consecutive days.
C. Signs four (4) square feet or less in area and mounted five feet (5') in height or less on private
property regulating on premises traffic and parking.
D. Bulletin boards, message boards, and similar devices no greater than thirty two (32) square feet
in area, five feet (5') high and not in the vision triangle, used solely to give information about and
accessory to a public, charitable, educational or religious institution located on the lot.
E. Legal notices, identification, informational, directional, traffic or other sign erected or required by
governmental authority.
F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a building
and the date of construction, when cut into any masonry surface so as to be part of the building or
when constructed of bronze or some other noncombustible material and permanently attached to a
building.
G. Nonilluminated window signs painted on or covering no more than fifty percent (50%) of the
window area, excluding glass doors.
H. Real estate signs six (6) square feet or less in area, provided that no more than one such sign
shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set
back a minimum of five feet (5') from any lot line and shall be five feet (5') or less in height and shall
not be illuminated.
I. Menu boards accessory to a restaurant drive-up window facility, provided such signs are thirty six
(36) square feet or less in area.
J. Signs used to identify the type of model home when used in conjunction with a developing
residential subdivision. Each type of model home is allowed one sign not to exceed eight (8) square
feet in area and five feet (5') in height. Such sign shall be located on the lot where the model home is
located and shall be removed upon occupancy of the home for normal residential use.
K. "No Trespassing", "Beware Of Dog" and other similar warning signs four (4) square feet or less
in area.
L. Name and address plates which give only the name and address of the resident(s) of the
building less than three (3) square feet on single- and two-family dwellings and five (5) square feet for
multi-family dwellings.
M. Garage sale, farm produce sale signs provided there is only one sign per lot and it is present
only during the duration of the sale and is less than four (4) square feet in area.
N. Building interior signage.
O. Political signs. Signs sixteen (16) square feet or less in area and announcing candidates for
political office or political issues.
P. Construction signs under eight (8) square feet.
Q. Illuminated window signs covering no more than sixty percent (60%) of the window area
excluding glass doors.
R. Permanent, nonflashing signs on vending machines, gas pumps, ice and propane storage units.
(Ord. 2014-73, 11-25-2014)
10-20-6: GENERAL PROVISIONS:
A. Sign Area: The area of the sign face which is also the sign area of a wall sign or other sign with
only one face shall be computed by means of the smallest square, rectangle, circle, triangle or
combination thereof that will encompass the extreme limits of the writing representation, emblem or
other display, together with any material or color forming an integral part of the background of the
display or used to differentiate the sign from the backdrop or structure against which it is placed. It
does not include any supporting framework, bracing or decorative fence or wall when such fence or
wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A
double faced sign shall count as a single sign.
Building mounted wall sign area calculations are based on each wall of an exterior building facing a
lot line and a public right-of-way. An exterior building wall which faces a lot line may contain more than
a single wall for sign area calculation purposes. If portions of the exterior building wall face the same
lot line and are separated by four feet (4') or more in depth from that lot line, then they are considered
two (2) separate walls for sign area calculation purposes. If separated by less than four feet (4') they
shall be considered a single exterior building wall for sign area calculation purposes. If two (2) exterior
walls create an angle greater than one hundred thirty five degrees (135°) on the horizontal plane then
it shall be considered a single exterior wall. Any two (2) exterior walls which create an angle of less
than one hundred thirty five degrees (135°) on the horizontal plane shall be considered two (2)
separate walls.
Additionally, for any multi-tenant building, if the area where a building mounted sign is being placed
is located between two (2) pillars, posts, or other architectural features, the area between the features
will be considered the exterior wall for sign area calculations.
EXAMPLE 1: SINGLE USE BUILDING
(DEPTH GREATER THAN 4 FEET)
EXAMPLE 2: SINGLE USE BUILDING
(DEPTH LESS THAN 4 FEET)
EXAMPLE 3: MULTI-TENANT BUILDING
(BETWEEN ARCHITECTURAL FEATURES)
EXAMPLE 4: MULTI-TENANT BUILDING
EXAMPLE 5: MULTI-STORY, MULTI-TENANT BUILDING
(Ord. 2018-57, 10-23-2018)
B. Sign Height: The height of a sign shall be computed as the distance from the grade of the
centerline of the adjacent street to the top of the highest attached component of the sign.
C. Yard Requirements: Except as otherwise provided, signs shall be located at least five feet (5')
from any driveway and lot line. Furthermore, no sign shall be erected or located in a public right-of-
way except as established by the authorized public entity responsible for the right-of- way. No sign
having a height more than thirty inches (30") shall be located within that part of the yard or open area
of a corner lot included within a triangular area of twenty five feet (25') from the point of intersection of
two (2) street right-of-way lines forming such a corner lot.
D. Illumination Of Signs: The illumination of all signs shall be diffused or indirect and shall be so
arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of
the premises on which the sign is located. Exposed light bulbs, neon tubing, flashing, blinking,
traveling and similar illumination, including illuminated canopies are not permitted.
Illuminated signs permitted in or adjacent to residential areas shall not be illuminated between the
hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. unless the use to which the sign
pertains is open.
E. Sign Maintenance: The owner of a sign and the owner of the premises on which the sign is
located shall be jointly and severally liable to maintain such sign or signs subject to the following
standards:
1. Signs shall be maintained in a neat and orderly condition and good working order, including
illumination sources, at all times.
2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or
deterioration.
3. Signs shall conform to maintenance provisions of the building and electrical codes as adopted
by the city of Yorkville.
F. Abandoned Signs: Except as otherwise provided in this chapter, any temporary sign installed for
a period of thirty (30) days or more, or any sign which pertains to a time, event, or purpose which no
longer applies, shall be removed. Permanent signs applicable to a business because of change in
ownership or management of such business shall be deemed abandoned if the property remains
vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed
by the owner of the sign or owner of the premises.
G. Removal Of Signs: Any sign found to be improperly maintained, abandoned or otherwise in
violation of this chapter which is not removed or repaired within thirty (30) days of written notice of the
code official may be removed by the code official. Any expense incidental to such removal or repair
shall be charged to the owner of the property upon which the sign is located and shall constitute a lien
upon the property. (Ord. 2014-73, 11-25-2014)
10-20-7: PROHIBITED SIGNS:
The following signs shall not be permitted:
A. Moving, animated and flashing signs, except electronic message boards.
B. Roof signs.
C. Vehicle signs.
D. Signs which constitute a hazard to public health or safety.
E. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or
entrance.
F. Signs which, by reason of size, location, content, color, or manner of illumination, obstruct the
vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on
public streets.
G. Signs which make use of words such as "stop", "look", "one-way", "danger", "yield" or any
similar word, phrase, symbol or light so as to interfere with or confuse pedestrian or vehicular traffic.
H. Billboards.
I. Trailer signs, except directional or informational signs exempted by subsection 10-20-5E of this
chapter.
J. Searchlights, except searchlights for grand openings and special civic events.
K. Snipe signs.
L. Signs displaying obscene or indecent matter.
M. Moving, rotating or animated signs except traditional barber poles not exceeding two feet (2') in
height and projecting not more than twelve inches (12") from the building utilized only to identify a
haircutting establishment.
N. Pole signs. (Ord. 2014-73, 11-25-2014)
10-20-8: PERMITTED SIGNS; AGRICULTURAL AND RESIDENTIAL ZONING DISTRICTS:
A. Permanent Signs:
1. Freestanding Identification Or Business Signs: All nonresidential uses in the agricultural and
residential zoning districts may have one freestanding business or identification sign. Nonresidential
uses in the agricultural and residential zoning districts on a corner lot with entrances on both streets
may have one freestanding sign on each street frontage. Said sign shall be thirty two (32) square feet
or less in area, five feet (5') or less in height and set back at least ten feet (10') from the street or
entrance drive.
Freestanding signs must be constructed with the base and supporting columns, if present, of the
same brick, stone or masonry material that the exterior walls of the principal building are made of. The
sign panel containing the type and the type must match the color and type used on any wall mounted
signage.
No more than fifty percent (50%) of the freestanding sign area may be composed of a message
board sign.
2. Building Mounted Identification Or Business Signs: All nonresidential uses in the agricultural or
residential zoning districts shall be permitted to have identification or business signage for each
exterior wall of that part of the building facing a public right of way. No more than fifty percent (50%) of
the building mounted sign area may be composed of a message board sign. Building mounted
signage cannot extend more than seventy five percent (75%) of the building facade of the building to
which it is attached.
3. Subdivision And Residential Complex Identification Signs: Two (2) permanent subdivision or
residential complex identification signs, one on each side of the street, at primary entrances to a
residential subdivision or complex containing no commercial advertising is permitted. Such signs shall
be thirty two (32) square feet or less in area and eight feet (8') or less in height and constructed out of
premium building materials such as brick or stone. For the purposes of this provision this sign may be
installed in two (2) components, one on each side of the street.
B. Temporary Signs:
1. Real Estate Signs: On nonsingle-family residential lots, one real estate sign per street frontage
no greater than thirty two (32) square feet in area or five feet (5') in height.
2. Residential Marketing Signs: Residential marketing signs at major entrances to residential
subdivisions not to exceed one hundred (100) square feet and twelve feet (12') in height.
3. Off Site Marketing Signs: Residential off site marketing signs to call attention to and give
directions to residential developments in Yorkville shall be allowed at no more than four (4) off site
locations, and shall be no greater than one hundred (100) square feet in area and twelve feet (12') in
height. Signs for a given development may be located in any zoning district provided that there is at
least one-fourth (1/4) mile separation from the other off site marketing signs of that development and
that no off site marketing sign be closer to a residence than one hundred feet (100'). Off site marketing
signs for different developments must be at least two hundred fifty feet (250') from any other off site
marketing sign.
4. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square feet in
area and eight feet (8') in height.
5. Construction Signs: One construction sign per nonsingle-family lot not to exceed thirty two (32)
square feet in area and five feet (5') in height.
6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall
be mounted on an outfield fence, backstop or scoreboard. Banners mounted on an outfield fence shall
be a dimension of three feet by six feet (3' x 6') in size and shall face the playing field. Banners
mounted on a scoreboard or backstop shall be a maximum area of thirty two (32) square feet. (Ord.
2014-73, 11-25-2014)
10-20-9: PERMITTED SIGNS; BUSINESS ZONING DISTRICTS:
A. Permanent Signs:
1. Freestanding Business Signs: On lots less than three (3) acres with one street frontage, one
freestanding business sign thirty two (32) square feet or less feet in area and twelve feet (12') or less
in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign
thirty two (32) square feet or less in area and twelve feet (12') or less in height per street frontage with
an entrance/exit shall be allowed.
On lots three (3) acres or larger with one street frontage, one freestanding business sign sixty four
(64) square feet or less in area and twelve feet (12') or less in height shall be allowed. If the lot has
more than one street frontage, one freestanding business sign sixty four (64) square feet or less in
area and twelve feet (12') or less in height per street frontage with an entrance/exit shall be allowed.
On lots three (3) acres or larger that have a street frontage(s) in excess of eight hundred feet (800')
with two (2) entrances/exits at least six hundred feet (600') apart may have two (2) freestanding
business signs sixty four (64) square feet or less in area and twelve feet (12') or less in height on each
street frontage.
Freestanding signs must be constructed with the base and supporting columns, if present,
constructed of the same brick, stone or masonry material that the exterior walls of the principal
building are made of. The sign panel color and type must match the color and type used on any wall
mounted signage.
No more than fifty percent (50%) of the freestanding sign area may be composed of a message
board sign. (Ord. 2014-73, 11-25-2014)
2. Building Mounted Business/Identification Signs:
a. Single Use Building:
(1) A business having a public entrance in an exterior building wall or having an exterior wall
facing a public right-of-way shall be permitted to have building mounted identification signage or
building mounted business signage for each exterior wall of that part of the building in which it is
located, provided said wall contains a public entrance or faces a public right-of-way. The maximum
area of such sign shall not exceed two (2) square feet for each one linear foot of the exterior wall of
the building. No wall sign shall extend more than seventy five percent (75%) of the width of the
exterior wall to which it is attached and shall be no closer than one foot (1') from the vertical or
horizontal edge of any wall to which it is affixed. The business cannot transfer sign area between its
adjoining exterior walls.
(2) In addition to the signs permitted in subsection A2a(1) of this section, a business on an
exterior wall not having a public entrance or facing a public right-of-way may have a building mounted
business/identification sign on such a wall not exceeding in size one square foot in area for each one
linear foot of the width of that exterior wall and shall not extend more than fifty percent (50%) of the
length of that exterior wall and shall be no closer than one foot (1') from the vertical or horizontal edge
of any wall to which it is affixed. Such a sign shall not be illuminated either internally or externally if
that sign faces residential land uses.
b. Multi-Tenant Buildings:
(1) Each tenant having a public entrance in an exterior building wall or having an exterior wall
facing a public right-of-way shall be permitted to have building mounted business or building mounted
identification signage for each such exterior wall that is adjacent or a part of its owned or leased
premises. The maximum area of such a sign shall not exceed two (2) square feet in area for each one
linear foot of the tenant's exterior wall. No wall sign shall extend more than seventy five percent (75%)
of the width of that part of the tenant's exterior wall and shall be no closer than one foot (1') from the
vertical or horizontal edge of any wall to which it is affixed.
(2) In addition to the signs permitted in subsection A2b(1) of this section, a tenant on an
exterior wall not having a public entrance or facing a public right-of-way may have a building mounted
business/identification sign, on that portion of a wall that is adjacent or a part of its owned or leased
premises. The size of such a sign shall not exceed one square foot in area for each one linear foot of
the width of the tenant's exterior wall and shall not extend more than fifty percent (50%) of the length
of the tenant's exterior wall and shall be no closer than one foot (1') from the vertical or horizontal
edge of any wall to which it is affixed. Such a sign shall not be illuminated either internally or externally
if that sign faces residential land uses. (Ord. 2018-57, 10-23-2018)
3. Electronic Message Display Panel:
a. There shall only be one permitted sign per lot that may contain an electronic message
display panel.
b. A permanent freestanding business sign may be composed of an electronic message display
panel.
c. The electronic message display panel shall not make the sign otherwise not in compliance
with all the requirements of this title and this Code.
d. Except for an electronic message display panel in a permitted sign for a movie theater, all
other electronic message display panels shall not display video but may display static text and
animation that dissolves, fades, scrolls or travels. Between each display shall be the delay indicated in
table 10.20.01 of this section.
e. The brightness of the electronic message display panels shall not be more than five
thousand (5,000) nits in the daytime and one thousand seven hundred fifty (1,750) nits in the
nighttime.
f. Prior to issuing a permit for a sign that contains an electronic message display panel, the
applicant shall provide a written certification from the sign manufacturer that the light intensity has
been factory preset not to exceed the levels specified in this section and the intensity level is protected
from end user manipulation by password protected software or other method deemed appropriate by
the City.
g. Malfunctioning electronic message display panels shall automatically turn off or be turned off
within twenty four (24) hours of the malfunction.
h. A sign with an electronic message display panel shall be constructed with the other
components of the sign in a natural material in the same brick, stone or masonry construction of the
principal building's exterior walls.
i. Table 10.20.01 of this section shows the maximum size of the electronic message display
panel.
TABLE 10.20.01
SIZE OF ELECTRONIC MESSAGE SIGNS
(COMMERCIAL)
Type Of Commercial
Building And Location
Maximum Area Of
Electronic Message
Display Panel
Minimum Time
Between Video,
Animation Or Static
Text
Single commercial tenant building on parcel
adjacent to major arterial (Illinois Routes 47,
126, and 71, and U.S. Route 34)
32 sq. ft.5 seconds
Multiple commercial tenant building on parcel
adjacent to major arterial 32 sq. ft.5 seconds
Single commercial tenant building on parcel
not adjacent to major arterial 32 sq. ft.8 seconds
Multiple commercial tenant building on parcel
not adjacent to major arterial 24 sq. ft.8 seconds
Commercial planned unit development
Maximum sign height - 10 feet 75 sq. ft.5 seconds
B. Temporary Signs:
1. Searchlights.
2. Cold air inflatable devices.
3. Grand opening signs. One grand opening sign not to exceed thirty two (32) square feet in area
and eight feet (8') in height.
4. Commercial real estate signs. On commercial lots, one real estate sign per street frontage no
greater than thirty two (32) square feet in area and five feet (5') in height.
5. Construction signs. One construction sign per lot not to exceed thirty two (32) square feet in
area and five feet (5') in height.
6. Wind feathers. No limit on the quantity per lot. Time period not to exceed thirty (30) days.
7. Banners. One special business event sign per business not to exceed thirty two (32) square
feet in area.
8. Portable signs. One portable sign per business not to exceed sixteen (16) square feet in area.
9. Off premises sponsorship banner. Banners shall be on City property. Individual banners shall
be mounted on an outfield fence, backstop, or scoreboard. Banners mounted on an outfield fence
shall be a dimension of three feet by six feet (3' x 6') in size and shall face the playing field. Banners
mounted on a scoreboard or backstop shall be a maximum area of thirty two (32) square feet. (Ord.
2014-73, 11-25-2014)
10-20-10: PERMITTED SIGNS; MANUFACTURING ZONING DISTRICTS:
A. Permanent Signs:
1. Freestanding Business Sign: On lots less than three (3) acres or on lots that face a
residentially zoned or used lot with one street frontage, one freestanding business sign shall be
allowed. Said sign shall be thirty two (32) square feet or less in area and twelve feet (12') or less in
height. If the lot has more than one street frontage, one freestanding business sign thirty two (32)
square feet or less in area and twelve feet (12') or less in height per street frontage with an
entrance/exit shall be allowed.
On lots three (3) acres or larger with one street frontage, one freestanding business sign shall be
allowed. Said sign shall be a maximum of sixty four (64) square feet or less in area and twelve feet
(12') or less in height shall be allowed. If the lot has more than one street frontage, one freestanding
business sign sixty four (64) square feet or less in area and twelve feet (12') or less in height per
street frontage with an entrance/exit shall be allowed.
On lots three (3) acres or larger that have a street frontage(s) in excess of eight hundred feet
(800') with two (2) entrances/exits at least six hundred feet (600') apart may have two (2) freestanding
business signs sixty four (64) square feet or less in area and twelve feet (12') or less in height on each
street frontage.
Freestanding signs must be constructed with the base and supporting columns, if present, of the
same brick, stone or masonry material that the exterior walls of the principal building are made of. The
sign panel containing the type and the type must match the color and type used on any wall mounted
signage.
No more than fifty percent (50%) of the freestanding sign area may be composed of a message
board sign. (Ord. 2014-73, 11-25-2014)
2. Building Mounted Business/Identification Signs:
a. Single Use Building:
(1) A business having a public entrance in an exterior building wall or having an exterior wall
facing a public right-of-way shall be permitted to have building mounted identification signage or
building mounted business signage for each exterior wall of that part of the building in which it is
located, provided said wall contains a public entrance or faces a public right-of-way. The maximum
area of such sign shall not exceed two (2) square feet for each one linear foot of the exterior wall of
the building. No wall sign shall extend more than seventy five percent (75%) of the width of the
exterior wall to which it is attached and shall be no closer than one foot (1') from the vertical or
horizontal edge of any wall to which it is affixed. The business cannot transfer sign area between its
adjoining exterior walls.
(2) In addition to the signs permitted in subsection A2a(1) of this section, a business on an
exterior wall not having a public entrance or facing a public right-of-way may have a building mounted
business/identification sign on such a wall not exceeding in size one square foot in area for each one
linear foot of the width of that exterior wall and shall not extend more than fifty percent (50%) of the
length of that exterior wall and shall be no closer than one foot (1') from the vertical or horizontal edge
of any wall to which it is affixed. Such a sign shall not be illuminated either internally or externally if
that sign faces residential land uses.
b. Multi-Tenant Buildings:
(1) Each tenant having a public entrance in an exterior building wall or having an exterior
wall facing a public right-of-way shall be permitted to have building mounted business or building
mounted identification signage for each such exterior wall that is adjacent or a part of its owned or
leased premises. The maximum area of such a sign shall not exceed two (2) square feet in area for
each one linear foot of the tenant's exterior wall. No wall sign shall extend more than seventy five
percent (75%) of the width of that part of the tenant's exterior wall and shall be no closer than one foot
(1') from the vertical or horizontal edge of any wall to which it is affixed.
(2) In addition to the signs permitted in subsection A2b(1) of this section, a tenant on an
exterior wall not having a public entrance or facing a public right-of-way may have a building mounted
business/identification sign, on that portion of a wall that is adjacent or a part of its owned or leased
premises. The size of such a sign shall not exceed one square foot in area for each one linear foot of
the width of the tenant's exterior wall and shall not extend more than fifty percent (50%) of the length
of the tenant's exterior wall and shall be no closer than one foot (1') from the vertical or horizontal
edge of any wall to which it is affixed. Such a sign shall not be illuminated either internally or externally
if that sign faces residential land uses. (Ord. 2018-57, 10-23-2018)
3. Electronic Message Display Panel:
a. There shall only be one permitted sign per lot that may contain an electronic message
display panel.
b. A permanent freestanding business sign may be composed of an electronic message display
panel.
c. The electronic message display panel shall not make the sign otherwise not in compliance
with all the requirements of this title and this Code.
d. Except for an electronic message display panel in a permitted sign for a movie theater, all
other electronic message display panels shall not display video but may display static text and
animation that dissolves, fades, scrolls or travels. Between each display shall be the delay indicated in
table 10.20.02 of this section.
e. The brightness of the electronic message display panels shall not be more than five
thousand (5,000) nits in the daytime and one thousand seven hundred fifty (1,750) nits in the
nighttime.
f. Prior to issuing a permit for a sign that contains an electronic message display panel, the
applicant shall provide a written certification from the sign manufacturer that the light intensity has
been factory preset not to exceed the levels specified in this section and the intensity level is protected
from end user manipulation by password protected software or other method deemed appropriate by
the city.
g. Malfunctioning electronic message display panels shall automatically turn off or be turned off
within twenty four (24) hours of the malfunction.
h. A sign with an electronic message display panel shall be constructed with the other
components of the sign in a natural material in the same brick, stone or masonry construction of the
principal building's exterior walls.
i. Table 10.20.02 of this section shows the maximum size of the electronic message display
panel.
TABLE 10.20.02
SIZE OF ELECTRONIC MESSAGE SIGNS
(MANUFACTURING)
Size Of Parcels
Maximum Area Of
Electronic Message
Display Panel
Minimum Time
Between Video,
Animation Or Static
Text
Manufacturing parcel of 3 acres or less 32 sq. ft.8 seconds
Manufacturing parcel of more than 3 acres 36 sq. ft.8 seconds
B. Temporary Signs:
1. Real Estate Signs: On industrial lots, one real estate sign per street frontage no greater than
thirty two (32) square feet in area or five feet (5') in height.
2. Construction Signs: One construction sign per industrial lot not to exceed thirty two (32) square
feet in area and ten feet (10') in height.
3. Banners/Special Business Event Sign: One banner/special business event sign per business
not to exceed thirty two (32) square feet in area and ten feet (10') in height.
4. Portable Sign: One portable sign per business not to exceed sixteen (16) square feet in area.
5. Wind Feathers: No limit on the quantity per lot. Time period not to exceed thirty (30) days.
6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall
be mounted on an outfield fence, backstop or scoreboard. Banners mounted on an outfield fence shall
be a dimension of three feet by six feet (3' x 6') in size and shall face the playing field. Banners
mounted on a scoreboard shall be a maximum area of thirty two (32) square feet. (Ord. 2014-73, 11-
25-2014)
10-20-11: NONCONFORMING SIGNS:
A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any
subsequent amendment to this chapter and which does not comply with the provisions of such
amendment may nonetheless be completed in accordance with the approved plans, provided
construction of the sign is started within ninety (90) days after the passage of the chapter amendment
and is completed within sixty (60) days after beginning construction.
B. Whenever a nonconforming sign has been discontinued for a period of six (6) months, or
whenever there is evidence of a clear intent on the part of the owner to abandon a nonconforming
sign, such sign shall not, after being discontinued or abandoned, be reestablished and the sign
hereafter shall be in conformity with the regulations of this chapter.
C. Normal maintenance of a nonconforming sign is permitted, including necessary nonstructural
repairs or incidental alterations which do not extend or intensify the nonconforming features of the
sign.
D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except
when the alteration will actually result in eliminating the nonconformance.
E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty percent
(50%) or more of the replacement value at the time, the sign can be rebuilt or used thereafter only for
a conforming use and in compliance with the provisions of this chapter. In the event the damage or
destruction is less than fifty percent (50%) of its replacement value based upon prevailing costs, the
sign may then be restored to its original condition and the use may be continued which existed at the
time of such partial destruction until the nonconforming sign is otherwise abated by the provisions of
this chapter. In either event, a permit for restoration or repair must be applied for within a period of
thirty (30) days from the date of damage or destruction, and be completed within sixty (60) days after
beginning restoration or repair.
F. Existing temporary signs shall expire at the termination date specified on the permit, but in no
case later than six (6) months from the passage date hereof. New temporary signs shall be allowed
only in conformance with the provisions contained in this chapter. Such signage must be removed by
the close of business of the day the temporary sign permit expires. (Ord. 2014-73, 11-25-2014)
10-20-12: PERMITTING PROCEDURES:
Permits for permanent and temporary signs:
A. Permit Required: No sign shall be erected, enlarged, expanded, altered or relocated unless the
person proposing to erect, alter or move such sign shall obtain a permit from the code official. Such
permit shall be issued only when the sign complies with all of the applicable provisions of this chapter.
The fee for granting such a permit for signs shall be established by the city council. The schedule
of fees for signs shall be posted in the city offices and may be amended only by the city council. A
deposit of fifty dollars ($50.00) shall be required at the time of permit application for any temporary
banner sign, which deposit shall be returned to the applicant upon removal of the temporary banner
sign, unless the applicant is in violation of the provisions of this chapter.
Routine sign maintenance, changing of parts designed for change, or changing the content of a
sign in any manner which does not change the functional classification of the sign shall not, standing
alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change
of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to
which the sign relates or which is conducted on the premises on which the sign is located.
B. Application For Permit: Any person desiring a permit for a permanent or temporary sign shall file
a permit application which shall contain or have attached the following information:
1. A copy of plans and specifications showing the method of construction, illumination, if any, and
support of such sign. Calculations showing the sign is designed for dead load and wind pressure in
any direction in the amount required by other applicable laws and ordinances of the city may be
required.
2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating the
location of the sign(s) on any building or structure on the lot.
3. A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed
message and design, accurately represented as to size, area, proportion and color.
4. The written consent of the owner(s) or agent of the building, structure, or land on which the
sign is erected.
5. The name, address and phone number of the applicant.
6. The name of the person, firm, corporation or association erecting, altering or moving the sign.
C. Temporary Sign Permit Frequency And Duration Per Business:
TABLE 10.20.03
TEMPORARY SIGN PERMIT FREQUENCY AND DURATION
Type Of Sign Maximum Duration Maximum Frequency
Banners 30 days 5 times per year
Cold air inflatable device 72 hours Once per year
Commercial real estate 6 months Renewable
Construction During active building permit issuance
Grand opening 45 days Once per business
Industrial real estate 6 months Renewable
Off premises sponsorship banner 8 months: March through October
Residential marketing 6 months Renewable
Sandwich board or A-frame 6 months Renewable
Searchlights 72 hours Once per year
Wind feather (per property)30 days ($25.00 fee)Renewable ($5.00
fee)
(Ord. 2014-73, 11-25-2014)
10-20-13: SIGN VARIATIONS:
In addition to the procedures and standards listed in section 10-4-7 of this title regarding variations
from the requirements, the zoning board of appeals shall also consider the following factors in hearing
testimony and making decisions regarding sign variance requests:
A. If the sign was erected legally with a sign permit.
B. If there are any unique physical characteristics of the property.
C. If there are limited available locations for signage on the property.
D. The cost to the applicant of complying with the requirements of this chapter.
E. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit.
F. If the sign is on a street with twenty thousand (20,000) or higher vehicle trips per day.
G. If the sign would be blocked by existing or required landscaping.
H. If it is a wall sign facing a public right of way without a public entrance.
(Ord. 2014-73, 11-25-2014)
PUBLIC NOTICE OF A HEARING BEFORE
THE UNITED CITY OF YORKVILLE
PLANNING AND ZONING COMMISION
PZC 2020-14
NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois,
petitioner, is proposing a text amendment for consideration of updates to “Chapter 20: Signs” of
the United City of Yorkville Zoning Ordinance. The amendment to the text is related to non-
conforming signs which proposes to define the term “maintenance” of said signage.
Additionally, the text amendment will provide an exemption for the replacement of existing non-
conforming freestanding monument static message board signs with electronic message board
signs along a major thoroughfare, if such replacement does not increase the overall existing sign
size.
NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United
City of Yorkville will conduct a public hearing on Wednesday, January 13, 2021 at 7 p.m. at the
Yorkville City Hall, located at 800 Game Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without further notice
being published.
All interested parties are invited to attend the public hearing and will be given an opportunity to
be heard. Any written comments should be addressed to the United City of Yorkville
Community Development Department, City Hall, 800 Game Farm Road, Yorkville, Illinois, and
will be accepted up to the date of the public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois.
LISA PICKERING
City Clerk
PROPOSED REQUEST:
The petitioner, Luz M. Padilla, Abby Properties, LLC is seeking Final Plat approval for an
approximately 20.7-acre site consisting of 72 lots for single-family attached dwelling units and 2
lots for open space and a future phase of development. The properties being subdivided are
Phases 2 and 3 of the Kendall Marketplace Townhome Development. Phase 1 of the
development was subdivided into 48 lots for single-family attached dwelling units in May 2020.
The petitioner is only requesting final plat approval for these two phases and plans on
subdividing Phase 4 at a later date.
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Krysti Barksdale-Noble, Community Development Director
Bart Olson, City Administrator
Date: January 6, 2021
Subject: PZC 2020-11 Kendall Marketplace– Phase 2 & 3 (Final Plat)
PROPERTY SUMMARY/HISTORY:
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-3 Multi-Family Attached Residence District
Retention Pond
Phase 1 Kendall Marketplace TH
South B-3 General Business District Retention Pond/Vacant Lots
West A-1 Agricultural (Kendall County) Farmland
The proposed area is both Phase 2 and 3 of the Kendall Marketplace Townhome Development (see
attached Phase Plan). The original phasing plan was submitted at the end of 2019 when the petitioner
began the process of subdividing Phase 1 into the now 48 townhome lots. The submitted Final Plat
for Phase 2 and 3 are in line with this phasing plan.
PROJECT SUMMARY:
This final plat request is a continuance to complete the residential portion of the Kendall Marketplace
Development which was adopted in 2006 (Ord. 2006-125). This ordinance states ““[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:
Similar to the Phase 1 Final Plat, this proposed final plat conforms to the Conceptual Plan illustrated
in the regulating ordinance. The Conceptual Plan illustrates additional townhomes on Lot 3 which
will be resubdivided at a later date as shown in the phasing plan submitted by HR Green.
PLAN COUNCIL COMMENTS:
A Plan Council meeting was held on November 12, 2020 with the petitioner and City staff.
Community Development staff asked the petitioner if they would like to resubdivide the entire
development to avoid another final plat process. The petitioner stated they were comfortable coming
back to subdivide Phase 4 at a later date and did not mind going through the process again.
Additionally, staff inquired about the stormwater detention for these phases as it seems the
stormwater detention basin is part of Phase 4. The petitioner stated, and was confirmed by the City
Engineer, that the stormwater mitigation area was existing and only needed to be maintained
throughout the development process. Therefore, the stormwater management for the proposed phases
is already in place.
STAFF COMMENTS:
The proposed Final Plat of Resubdivision meets the original conceptual plan for the attached single-
family homes of this development. Additionally, the phasing exhibit also shows the future phase will
align with the plan as well.
Engineering staff (EEI) provided the petitioner with their comments on the final plat submission.
There have been two rounds of comments and revisions between EEI and the petitioner (see
attached). The most current final plat is dated as last revised on January 6, 2021. Any additional
comments made by EEI will be part of the final ordinance.
PROPOSED MOTION:
In consideration of the proposed Final Plat of Subdivision for the Kendall Marketplace
Development Lot 52, Phases 2 and 3, the Planning and Zoning Commission recommends approval
of the plat to the City Council as presented by the Petitioner in a plan prepared by HR Green,
dated last revised January 6, 2021 and further subject to {insert any additional conditions of the
Planning and Zoning Commission}…
ATTACHMENTS:
1. Petitioner Applications
2. Phase 2 and 3 Final Plat (January 6, 2021)
3. Kendall Marketplace Phasing Exhibit
4. EEI Comments (October 29, 2020)
5. HR Green Response Letter (November 20, 2020)
6. EEI Comments (November 23, 2020)
LOT AREASLOT #23201202203204205206207208209210211212213214215216217218219220221222223224225226227228229230231232233234235SQ.FT.369,759±410,065±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±ACRES8.489±9.414±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±LOT AREASLOT #236237238239240241242243244245246247248301302303304305306307308309310311312313314315316317318319320321322323324SQ.FT.1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,860±1,500±1,500±1,500±1,500±1,860±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±ACRES0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.043±0.034±0.034±0.034±0.034±0.043±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±TOTAL LAND AREA: 899,783± SQ.FT. OR 20.656± ACRESPINs: 02-20-353-01802-19-481-001LOT 2(SEE SHEET 2 FOR LOT 2 & LOT 201-248 & LOT 301-324 DETAILS)LOT 51BLACKBERRY SHORE LANE(66' R.O.W. HERETOFORE DEDICATED PER DOC. 200700014779)GI
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LANEUNSUBDIVIDED LANDS 201Illinois Professional Design Firm # 184-001322
2363 Sequoia Drive, Suite 101,
Aurora, Illinois 60506
t. 630.553.7560 f. 630.553.7646
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3KENDALL MARKETPLACELOT 52 PHASE 1 RESUBDIVISIONDOC. 202000009438 - REC. 06/04/2020KENDALL MARKETPLACELOT 52 PHASE 1 RESUBDIVISIONDOC. 202000009438 - REC. 06/04/2020PT. LOT 2KENDALL MARKETPLACELOT 52 PHASE 1 RESUBDIVISIONLOT 1PT. LOT 2KENDALL MARKETPLACELOT 52 PHASE 1 RESUBDIVISIONPT. LOT 2KENDALL MARKETPLACELOT 52 PHASE 1 RESUBDIVISION
LOT AREASLOT #23201202203204205206207208209210211212213214215216217218219220221222223224225226227228229230231232233234235SQ.FT.369,759±410,065±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±ACRES8.489±9.414±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±LOT AREASLOT #236237238239240241242243244245246247248301302303304305306307308309310311312313314315316317318319320321322323324SQ.FT.1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,860±1,500±1,500±1,500±1,500±1,860±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±1,980±1,500±1,500±1,500±1,500±1,980±ACRES0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.043±0.034±0.034±0.034±0.034±0.043±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±0.045±0.034±0.034±0.034±0.034±0.045±BLACKBERRY SHORE LANE(66' R.O.W. HERETOFORE DEDICATED PER DOC. 200700014779)PINs: 02-20-353-01802-19-481-001 LOT 201 LOT 202 LOT 203 LOT 204 LOT 205 LOT 206 LOT 207 LOT 208 LOT 209 LOT 210 LOT 211 LOT 212 LOT 218 LOT 217 LOT 216 LOT 215 LOT 214 LOT 213 LOT 219 LOT 220 LOT 221 LOT 222 LOT 223 LOT 224 LOT 230 LOT 229 LOT 228 LOT 227 LOT 226 LOT 225 LOT 236 LOT 235 LOT 234 LOT 233 LOT 232 LOT 231 LOT 237 LOT 238 LOT 239 LOT 240 LOT 241 LOT 242 LOT 243 LOT 244 LOT 245 LOT 246 LOT 247 LOT 248 LOT 301LOT 302LOT 303 LOT 304 LOT 305 LOT 306 LOT 313 LOT 314 LOT 315 LOT 316 LOT 317 LOT 318 LOT 307 LOT 308 LOT 309 LOT 310 LOT 311 LOT 312
LOT 319
LOT 320
LOT 321
LOT 322
LOT 323
LOT 324
KENDALL MARKETPLACEDOC. 200700014779REC. 05/07/2007LOT 57KENDALL MARKETPLACELOT 52 PHASE 1 RESUBDIVISIONDOC. 202000009438 - REC. 06/04/2020LOT 1Illinois Professional Design Firm # 184-001322
2363 Sequoia Drive, Suite 101,
Aurora, Illinois 60506
t. 630.553.7560 f. 630.553.7646
www.hrgreen.com2 OF 3 101 LOT 2 LOT 2 LOT 2 LOT 3 LOT 3TOTAL LAND AREA: 899,783± SQ.FT. OR 20.656± ACRES
CONDOMINIUM PROPERTY ACT", PINs: 02-20-353-01802-19-481-001Illinois Professional Design Firm # 184-001322
2363 Sequoia Drive, Suite 101,
Aurora, Illinois 60506
t. 630.553.7560 f. 630.553.7646
www.hrgreen.com3 OF 3
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. 05/07/2007BLACKBERRY SHORE LANEGILLESPIE LANE LOT 50LOT 49LOT 48LOT 47LOT 46LOT 45LOT 44LOT 43LOT 42LOT 41LOT 40LOT 39LOT 38LOT 37LOT 36LOT 35LOT 34LOT 33LOT 31LOT 30LOT 29LOT 28LOT 27LOT 26LOT 25LOT 24LOT 23FUTURE BEECHER ROADKENDALL MARKETPLACEDOC. 200700014779REC. 05/07/2007KENDALL MARKETPLACEDOC. 200700014779REC. 05/07/2007LOT 16LOT 17LOT 19LOT 55KENDALL MARKETPLACEDOC. 200700014779REC. 05/07/2007LOT 55KENDALL MARKETPLACEDOC. 200700014779REC. 05/07/2007LOT 57HIGH RIDGE
LANEUNSUBDIVIDED LANDSLOT 32PHASE 1AREA = 5.5 ACRES +/-48 UNITSPHASE 2AREA = 7.8 ACRES +/-36 UNITS(48 UNITS SHOWN)PHASE 3AREA = 3.5 ACRES +/-12 UNITS (YORKVILLE SCHOOL DISTRICT)24 UNITS (PLANO SCHOOL DISTRICT)PHASE 4AREA = 9.6 ACRES +/-44 UNITS (PLANO SCHOOL DISTRICT)YORKVILLE SCHOOL DISTRICTPLANO SCHOOL DISTRICTROAD IN PHASE 2ROAD IN PHASE 1PHASE 1PHASE 2PHASE 3PHASE 4SECTION LINELEGEND:LOCATION MAP:
2363 Sequoia Drive | Suite 101 | Aurora, IL 60506
Main 630.553.7560 + Fax 630.553.7646
HRGREEN.COM
11/20/20
United City of Yorkville
Ms. Krysti Barksdale-Noble
Community Development Director
800 Game Farm Road
Yorkville, IL 60560
Re: Kendall Marketplace – Lot 52 (Phase 2 &3) – Final Plat Review
United City of Yorkville
Response to Review Comments No. 1
HR Green Job No.: 170053.01
Dear Ms. Barksdale-Noble,
Please see below our response to Engineering Enterprise, Inc. (EEI) review comment letter dated October 29,
2020. Responses to each comment are shown in bold following the comment.
1. The Cross-access easement needs to be modified to reflect the easement being granted as part of the
Final Plat of Resubdivision Kendall Marketplace Lot 52 Phase 1 Resubdivision.
RESPONSE:
Revised as requested.
2. Since Lot 52 is being subdivided, we recommend that Lot 2 be changed to Lot 4.
RESPONSE:
Once all phases are complete, it would be preferred to have the common area lots to be numbered
consecutively 1, 2, 3…We would recommend and prefer to leave Lot 2 as shown.
3. On Sheet 1, the note under Lot 2 references Lot 1 but it should be revised to the correct lot number.
RESPONSE:
Revised as requested.
4. On Sheet 1, the callout for “Kendall Marketplace Lot 52 Phase 1 Resubdivision Doc. 202000009438 –
Rec. 06/04/2020” needs to be moved off of the hatched area.
RESPONSE:
Revised as requested.
5. On sheet 1, the call outs for “PT. Lot 2” is unnecessary and should be removed.
RESPONSE:
The call outs of Pt. Lot 2 reference the underlying Lot 2 of the Phase 1 resubdivision. It is the
surveyor’s opinion that they should remain. Text will be revised to clarify that it refers to the
underlying lot.
6. The lot numbers need to be numbered consecutively.
RESPONSE:
Lot numbers 201-248 and Lot 301-324 are number consecutively and are indicative of the
engineering phasing plans. We would recommend and prefer for them to remain as shown.
Ms. Krysti Barksdale-Noble
170053.01
11/20/2020
2
7. All final engineering items will need to be addressed, including confirmation of planned improvements,
permitting, updated engineer’s estimate and performance security, etc.
RESPONSE:
Noted and since the final engineering has been recently updated and approved as the whole
development, this will be considered an ongoing task with the City and Engineer to provide the
necessary phasing permits approvals and security bonds prior to construction kickoff.
Sincerely,
HR GREEN DEVELOPMENT, LLC
David Schultz, PE, LEED AP
Project Manager
Ds/cm
1
Proposed Request:
The petitioner, Bruce A. Mellen, on behalf of DR Horton, Inc.- Midwest, is seeking Final Plat
amendment approval to convert the existing 17 EBE (Exception to Blanket Easements) parcels to 80 “fee
simple” lots consisting of approximately 7.236 acres in Grande Reserve Units 15 and 22 in Neighborhood
5. The lots are planned for new residential townhome units.
The subject property, located south of Mill Road and east of Kennedy Road in the northeast
quadrant of the city, was originally annexed in 1997 and approved as a planned residential development
in 2003 with roughly 2,600 single-family, duplex, townhome and apartment dwelling units. Currently,
Units 15 and 22 are partially built-out with townhomes of which DR Horton, Inc.-Midwest has 80
townhome units for construction under contract from the developer, ASLI VI, LLLP (Avanti Properties
Group). Additionally, Avanti Properties Group agreed in 2018 to front fund $215,000 of engineering
design costs for the future improvements to Mill Road.
Memorandum
To: Planning and Zoning Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: January 7, 2021
Subject: PZC 2020-12 Grande Reserve – Units 15 & 22/NH 5 (Final Plat
Amendment)
Proposed Final Plat Amendment for Townhomes
2
Proposed Final Plat of Resubdivision:
The proposed 1st Resubdivision of Units 15 & 22 (Neighborhood 5) in Grande Reserve, as
prepared by Manhard Consultants Ltd., conforms to those originally approved final plat but seeks to
revise the land where the townhome units are to be built on an “exception to blanket easement” (EBE) to
a “fee simple” lot. The purpose for the requested change is for easier transfer of title. Generally, an
“easement” is a non-possessory interest in a portion of real property, meaning, while the holder of the
easement may use the land, they do not actually own it. Conversely, a “fee simple” lot results in a
complete transfer of ownership rights.
The current final plat illustrates dashed lines representing the seventeen (17) exceptions to the
blanket easements clustered located along Bailey Road and Bissel Drive (sheet 1 of 3). Each exception
easement consists of 4-5 townhome units. On the proposed resubdivided final plat (sheet 2 of 3), each of
the “exception to blanket easements” (EBE) have been converted to a total of eighty (80) lots consisting
of individual townhome units, depicted as follows:
3
4
FINAL PLAT SUMMARY
Original Final Plat Proposed Final Plat
Parcel 1 EBE 2 Lots 1021, 1022, 1023, 1024 and 1025
Parcel 2 EBE 35, 36 Lots 1361, 1362, 1363, 1364, 1365, 1355,
1354, 1353, 1352 and 1351
Parcel 3 EBE 18, 19, 21, 22, 23, 24 Lots 1185, 1184, 1183, 1182, 1181, 1191,
1192, 1193, 1194, 1214, 1213, 1212,
1211, 1231, 1232, 1233, 1234, 1225,
1224, 1223, 1222, 1221, 1241, 1242,
1243, 1244, 1245 and 1246
Parcel 4 EBE 25, 26, 27, 28, 29, 30, 31, 32 1254, 1253, 1252, 1251, 1261, 1262,
1263, 1264, 1275, 1274, 1273, 1272,1271,
1281, 1282, 1283, 1284, 1295, 1295,
1294, 1293, 1292, 1291, 1301, 1302,
1303, 1304, 1305, 1315, 1314, 1313,
1312, 1311, 1321, 1322, 1323 and 1324
TOTAL 7.236 Acres 315,207 SF
No other changes to building setbacks or minimum building separations are requested for the townhome
lots in the proposed Final Plat of Grande Reserve Units 15 & 22 (Neighborhood 5) First Resubdivision as
presented by the petitioner.
Staff Comments:
The proposed Final Plat of Grande Reserve Units 15 & 22 (Neighborhood 5) First Resubdivision
has been reviewed by the City’s engineering consultant, Engineering Enterprises Inc. (EEI), for
compliance with the Subdivision Control Ordinance’s Standards for Specification. Comments dated
November 2, 2020 were provided to the applicant (see attached). The petitioner has addressed the
comment provided and resubmitted a revised plat dated 12/03/20. A subsequent review letter from EEI in
support of approving the Final Plat dated 12/07/20 is also attached. Staff concurs with the
recommendation from EEI for approval.
Proposed Motions:
In consideration of the proposed Final Plat of Grande Reserve for Units 15 & 22 (Neighborhood 5)
First Resubdivision, the Planning and Zoning Commission recommends approval of the plat to the City
Council as presented by the Petitioner in plans prepared by Manhard Consultants, LTD dated last
revised 12-03-20 and further subject to {insert any additional conditions of the Planning and Zoning
Commission}…
Attachments:
1. Copy of Petitioner’s Application
2. Final Plat of Subdivision of Grande Reserve Units 15 & 22 (Neighborhood 5) First Resubdivision prepared
by Manhard Consultants, LTD and dated last revised 12-03-20.
3. Exhibit A - Legal Description
4. EEI Letter to the City dated November 2, 2020.
5. Plan Council meeting minutes 11-12-20
6. EEI Letter to the City dated December 7, 2020.
PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATE REVISIONS DRAWN BY
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C i v i l E n g i neer s | Sur vey or s | W a t e r Res our ce E ngi n e e r s | Wat e r & W a s t e Wa t er E n g i neer s
C o n s t r u c t i o n M a n a g e r s | E n v i r o n m e n t a l S c i e n t i s t s | L a n d s c a p e A r c h i t e c t s | P l a n n e r s
GRANDE RESERVE NEIGHBORHOOD 5 FIRST RESUBDIVISION
UNITED CITY OF YORKVILLE, ILLINOIS
FINAL PLAT OF SUBDIVISION1
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PROJ. MGR.:
DRAWN BY:
DATE:
SCALE:
OF
SHEET
PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM700 Springer Drive, Lombard, IL 60148 ph:630.691.8500 fx: 630.691.8585 manhard.comCivil Engineers | Surveyors | Water Resource Engineers | Water & Waste Water EngineersConstruction Managers | Environmental Scientists | Landscape Architects | PlannersGRANDE RESERVE NEIGHBORHOOD 5 FIRST RESUBDIVISIONUNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION2 5
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PROJ. MGR.:
DRAWN BY:
DATE:
SCALE:
OF
SHEET
PROJ. ASSOC.:DATEREVISIONSDRAWN BYTM700 Springer Drive, Lombard, IL 60148 ph:630.691.8500 fx: 630.691.8585 manhard.comCivil Engineers | Surveyors | Water Resource Engineers | Water & Waste Water EngineersConstruction Managers | Environmental Scientists | Landscape Architects | PlannersGRANDE RESERVE NEIGHBORHOOD 5 FIRST RESUBDIVISIONUNITED CITY OF YORKVILLE, ILLINOISFINAL PLAT OF SUBDIVISION3 5
November 10, 2020 - 16:42 Dwg Name: P:\Drhyvil01\dwg\Surv\Final Drawings\Plat of Subdivision\DRHYVIL01-PS-02.dwg Updated By: MSchmitt
PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATE REVISIONS DRAWN BY
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7 0 0 S p r i n g e r D r i v e , L o m b a r d , I L 6 0 1 4 8 p h :6 3 0 .6 9 1 .8 5 0 0 f x : 6 3 0 .6 9 1 .8 5 8 5 m a n h a r d .c o m
C i v i l E n g i neer s | Sur vey or s | W a t e r Res our ce E ngi n e e r s | Wat e r & W a s t e Wa t er E n g i neer s
C o n s t r u c t i o n M a n a g e r s | E n v i r o n m e n t a l S c i e n t i s t s | L a n d s c a p e A r c h i t e c t s | P l a n n e r s
GRANDE RESERVE NEIGHBORHOOD 5 FIRST RESUBDIVISION
UNITED CITY OF YORKVILLE, ILLINOIS
FINAL PLAT OF SUBDIVISION4
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062-059932PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATE REVISIONS DRAWN BY
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C i v i l E n g i neer s | Sur vey or s | W a t e r Res our ce E ngi n e e r s | Wat e r & W a s t e Wa t er E n g i neer s
C o n s t r u c t i o n M a n a g e r s | E n v i r o n m e n t a l S c i e n t i s t s | L a n d s c a p e A r c h i t e c t s | P l a n n e r s
GRANDE RESERVE NEIGHBORHOOD 5 FIRST RESUBDIVISION
UNITED CITY OF YORKVILLE, ILLINOIS
FINAL PLAT OF SUBDIVISION5
5November 10, 2020 - 12:35 Dwg Name: P:\Drhyvil01\dwg\Surv\Final Drawings\Plat of Subdivision\DRHYVIL01-PS 01.dwg Updated By: MSchmitt
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
LOT EBE 2 AND LOT 3044 IN GRANDE RESERVE UNIT 15, BEING A SUBDIVISION OF PART
OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 11, AND
PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF
RECORDED AUGUST 3, 2006 AS DOCUMENT 200600023729, IN THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
EXCEPTING FROM LOT 3044 THE FOLLOWING DESCRIBED LAND INCLUDED IN THE MILL
CROSSINGS OF YORKVILLE CONDOMINIUM:
(AMENDMENT 2)
ALSO THAT PART OF LOT 3044 IN SAID GRANDE RESERVE UNIT 15, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER
OF SAID LOT 3044; THENCE NORTH 65 DEGREES 40 MINUTES 09 SECONDS EAST,
ALONG THE NORTHERLY LINE OF SAID LOT 3044, TO A POINT OF CURVE, THENCE
SOUTHEASTERLY 39.27 FEET, ALONG SAID NORTHERLY LINE OF LOT 3044, ALSO BEING
A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING AND
DISTANCE OF SOUTH 69 DEGREES 19 MINUTES 51 SECONDS EAST 35.36 FEET, TO A
POINT OF TANGENCY; THENCE SOUTH 24 DEGREES 19 MINUTES 51 SECONDS EAST
106.11 FEET, ALONG THE EASTERLY LINE OF SAID LOT 3044, TO A POINT OF CURVE;
THENCE SOUTHEASTERLY 107.62 FEET, ALONG SAID EASTERLY LINE OF LOT 3044,
ALSO BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 467.00 FEET AND A CHORD
BEARING AND DISTANCE OF SOUTH 17 DEGREES 43 MINUTES 44 SECONDS EAST 107.38
FEET; THENCE SOUTH 78 DEGREES 52 MINUTES 22 SECONDS WEST 132.03 FEET, TO A
POINT ON THE WESTERLY LINE OF SAID LOT 3044, ALSO BEING A POIN T ON A CURVE;
THENCE NORTHWESTERLY 20.76 FEET, ALONG SAID WESTERLY LINE OF LOT 3044,
ALSO BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 224.88 FEET AND A CHORD
BEARING AND DISTANCE OF NORTH 19 DEGREES 57 MINUTES 30 SECONDS WEST 20.75
FEET, TO A POINT OF TA NGENCY; THENCE NORTH 23 DEGREES 08 MINUTES 58
SECONDS WEST 186.97 FEET, TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY,
ILLINOIS,
(AMENDMENT 3)
THAT PART OF LOT 3044 IN GRANDE RESERVE UNIT 15, BEING A SUBDIVISION OF PART
OF THE SOUTHWEST QUARTER AND TH E SOUTHEAST QUARTER OF SECTION 11, AND
PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF
RECORDED AUGUST 3, 2006 AS DOCUMENT 200600023729, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID LOT 3044; THENCE SOUTH 23 DEGREES 08 MINUTES 58 SECONDS
EAST 186.97 FEET, ALONG THE WESTERLY LINE OF SAID LOT 3044, TO A POINT OF
CURVE; THENCE SOUTHEASTERLY 20.76 FEET, ALONG SAID WESTERLY LINE OF LOT
3044, ALSO BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 224.88 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 19 DEGREES 57 MINUTES 30 SECONDS
WEST 20.75 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 78 DEGREES 52
MINUTES 22 SECONDS EAST 132.03 FE ET, TO A POINT ON THE EASTERLY LINE OF SAID
LOT 3044, ALSO BEING A POINT ON A CURVE; THENCE SOUTHEASTERLY 42.70 FEET,
ALONG SAID EASTERLY LINE OF LOT 3044, ALSO BEING A CURVE TO THE RIGHT,
HAVING A RADIUS OF 467.00 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH
08 DEGREES 30 MINUTES 28 SECONDS EAST 42.68 FEET, TO A POINT OF TANGENCY;
THENCE SOUTH 05 DEGREES 53 MINUTES 19 SECONDS EAST 57.72 FEET, ALONG SAID
EASTERLY LINE OF LOT 3044; THENCE SOUTH 84 DEGREES 04 MINUTES 11 SECONDS
WEST 130.36 FEET, TO A POINT ON SAID WESTERLY LINE OF LOT 3044; THENCE NORTH
04 DEGREES 11 MINUTES 26 SECONDS WEST 28.08 FEET, ALONG SAID WESTERLY LINE
OF LOT 3044, TO A POINT OF CURVE; THENCE NORTHWESTERLY 60.64 FEET, ALONG
SAID WESTERLY LINE OF LOT 3044, ALSO BEING A CURVE TO THE LE FT, HAVING A
RADIUS OF 224.88 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 09
DEGREES 35 MINUTES 18 SECONDS WEST 60.46 FEET, TO THE POINT OF BEGINNING,
ALL IN KENDALL COUNTY, ILLINOIS,
(AMENDMENT 4)
THAT PART OF LOT 3044 IN GRANDE RESERVE UNIT 15, BEIN G A SUBDIVISION OF
PART OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION II,
AND PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 3, 2006 AS DOCUMENT NO. 200600023729, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID LOT 3044; THENCE SOUTH 23 DEGREES 08 MINUTES 58 SECONDS
EAST 186.97 FEET, ALONG THE WESTERLY LINE OF SAID LOT 3044, TO A POINT OF
CURVE; THENCE SOUTHEASTERLY 81.40 FEET, ALONG SAID WESTERLY LINE OF LOT
3044, ALSO BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 224.88 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 12 DEGREES 14 MINUTES 00 SECONDS
EAST 80.96 FEET, TO A POINT OF TANGENCY; THEN CE SOUTH 04 DEGREES 11
MINUTES 26 SECONDS EAST 28.08 FEET, ALONG SAID WESTERLY LINE OF LOT 3044,
TO THE POINT OF BEGINNING; THENCE NORTH 84 DEGREES 04 MINUTES 11 SECONDS
EAST 130.36 FEET, TO A POINT ON THE EASTERLY LINE OF SAID LOT 3044; THENCE
SOUTH 05 DEGREES 53 MINUTES 19 SECONDS EAST 100.31 FEET, ALONG SAID
EASTERLY LINE OF LOT 3044; THENCE SOUTH 84 DEGREES 06 MINUTES 41 SECONDS
WEST 133.33 FEET, TO A POINT ON SAID WESTERLY LINE OF LOT 3044; THENCE
NORTH 04 DEGREES 11 MINUTES 26 SECONDS WEST 100.26 FEET , ALONG SAID
WESTERLY LINE OF LOT 3044, TO THE POINT OF BEGINNING, ALL IN KENDALL
COUNTY, ILLINOIS.
(AMENDMENT 5)
THAT PART OF LOT 3044 IN GRANDE RESERVE UNIT 15, BEING A SUBDIVISION OF
PART OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION
11, AND PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE ACCORDING
THEREOF RECORDED AUGUST 3, 2006 AS DOCUMENT NO. 200600023729, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMEN DING AT THE NORTHWEST
CORNER OF SAID LOT 3044; THENCE SOUTH 23 DEGREES 08 MINUTES 58 SECONDS
EAST 186.97 FEET, ALONG THE WESTERLY LINE OF SAID LOT 3044, TO A POINT OF
CURVE; THENCE SOUTHEASTERLY 81.40 FEET, ALONG SAID WESTERLY LINE OF LOT
3044, ALSO BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 224.88 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 12 DEGREES 14 MINUTES 00 SECONDS
MINUTES 80.96 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 04 DEGREES 11
MINUTES 26 SECONDS EAST 128.34 FEET, ALONG SAID WESTERLY LINE OF LOT 3044,
TO THE POINT OF BEGINNING; THENCE NORTH 84 DEGREES 06 MINUTES 41 SECONDS
EAST 133.33 FEET; TO A POINT ON THE EASTERLY LINE OF SAID LOT 3044; THENCE
SOUTH 05 DEGREES 53 MINUTES 19 SECONDS EAST 100.55 FEET, ALONG SAID
EASTERLY LINE; THENCE SOUTH 84 DEGREES 06 MINUTES 41 SECONDS WEST 136.31
FEET, TO A POINT ON SAID WESTERLY LINE OF LOT 3044; THENCE NORTH 04
DEGREES 11 MINUTES 26 SECONDS WEST 100.60 FEET, ALONG SAID WESTERLY LINE
OF LOT 3044, TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, I LLINOIS.
(AMENDMENT 6)
THAT PART OF LOT 3044 IN GRANDE RESERVE UNIT 15, BEING A SUBDIVISION OF
PART OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION
11, AND PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 3, 2006 AS DOCUMENT NO. 200600023729, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID LOT 3044; THENCE SOUTH 23 DEGREES 08 MINUTES 58 SECONDS
EAST 186.97 FEET, ALONG THE WESTERLY LINE OF SAID LOT 3044, TO A POINT OF
CURVE; THENCE SOUTHEASTERLY 81.40 FEET, ALONG SAID WESTERLY LINE OF LOT
3044, ALSO BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 224.88 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 12 DEGREES 14 MINUTES 00 SECONDS
EAST 80.96 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 04 DEGREES 11
MINUTES 26 SECONDS EAST 228.94 FEET, ALONG SAID WESTERLY LINE OF LOT 3044,
TO THE POINT OF BEGINNING; THENCE NORTH 84 DEGREES 06 MINUTES 41 SECONDS
EAST 136.31 FEET, TO A POINT ON THE EASTERLY LINE OF SAID LOT 3044; THENCE
SOUTH 05 DEGREES 53 MINUTES 19 SECONDS EAST 51.63 FEET, ALONG SAID
EASTERLY LINE, TO A POINT OF CURVE; THENCE SOUTHWESTERLY 79.55 FEET,
ALONG SAID WESTERLY LINE OF LOT 3044, ALSO BEING A C URVE TO THE RIGHT,
HAVING A RADIUS OF 350.00 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH
00 DEGREES 37 MINUTES 22 SECONDS WEST 79.38 FEET; THENCE NORTH 77
DEGREES 19 MINUTES 32 SECONDS WEST 138.62 FEET, TO A POINT ON SAID
WESTERLY LINE OF LOT 3044, ALSO BEING A POINT ON A CURVE; THENCE
NORTHEASTERLY 17.48 FEET, ALONG SAID WESTERLY LINE OF LOT 3044, ALSO BEING
A CURVE TO THE LEFT, HAVING A RADIUS OF 150.00 FEET AND A CHORD BEARING
AND DISTANCE OF NORTH 0 DEGREES 51 MINUTES 06 SECONDS EAST 17.47 FEET, TO
A POINT OF TANGENCY; THENCE NORTH 04 DEGREES 11 MINUTES 26 SECONDS WEST
69.06 FEET, ALONG SAID WESTERLY LINE OF LOT 3044, TO THE POINT OF BEGINNING,
ALL IN KENDALL COUNTY, ILLINOIS
(AMENDMENT 7)
THAT PART OF LOT 3044 IN GRANDE RESERVE UNIT 15, BEING A SUB DIVISION OF
PART OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION
11, AND PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 3, 2006 AS DOC UMENT NO. 200600023729, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID LOT 3044; THENCE SOUTH 23 DEGREES 08 MINUTES 58 SECONDS
EAST 186.97 FEET, ALONG THE WESTERLY LINE OF SAID LOT 3044, TO A POINT OF
CURVE; THENCE SOUTHEASTERLY 81.40 FEET, ALONG SAID WESTERLY LINE OF LOT
3044, ALSO BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 224.88 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 12 DEGREES 14 MINUTES 00 SECONDS
EAST 80.96 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 04 DEGREES 11
MINUTES 26 SECONDS EAST 298.00 FEET, ALONG SAID WESTERLY LINE OF LOT 3044,
TO A POINT OF CURVE; THENCE SOUTHWESTERLY 17.48 FEET, ALONG SAID
WESTERLY LINE OF LOT 3044, ALSO BEING A CURVE TO THE RIGHT, HAVING A RADIUS
OF 150.00 FEET AND A CHO RD BEARING AND DISTANCE OF SOUTH 0 DEGREES 51
MINUTES 06 SECONDS WEST 17.47 FEET, TO THE POINT OF BEGINNING; THENCE
SOUTH 77 DEGREES 19 MINUTES 32 SECONDS EAST 138.62 FEET, TO A POINT ON THE
EASTERLY LINE OF SAID LOT 3044, ALSO BEING A POINT ON A CURVE; TH ENCE
SOUTHWESTERLY 126.46 FEET, ALONG SAID EASTERLY LINE OF LOT 3044, ALSO
BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET AND A CHORD
BEARING AND DISTANCE OF SOUTH 17 DEGREES 29 MINUTES 07 SECONDS WEST
125.78 FEET; THENCE NORTH 61 DEGREES 06 MI NUTES 53 SECONDS WEST 145.86
FEET, TO A POINT ON SAID WESTERLY LINE OF LOT 3044, ALSO BEING A POINT ON A
CURVE; THENCE NORTHEASTERLY 173.30 FEET, ALONG SAID WESTERLY LINE OF LOT
3044, ALSO BEING A CURVE TO THE LEFT; HAVING A RADIUS OF 150.00 FEET AND A
CHORD BEARING AND DISTANCE OF NORTH 37 DEGREES 17 MINUTES 12 SECONDS
EAST 163.82 FEET, TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
(AMENDMENT 8)
THAT PART OF LOT 3044 IN GRANDE RESERVE UNIT 15, BEING A SUBDIVISION OF
PART A SUBDIVISION THE SO UTHWEST QUARTER AND THE SOUTHEAST QUARTER OF
SECTION 11, AND PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 3, 2006 AS DOCUMENT NO. 200600023729, BE ING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID LOT 3044; THENCE SOUTH 23 DEGREES 08 MINUTES 58 SECONDS
EAST 186.97 FEET, ALONG THE WESTERLY LINE OF SAID LOT 3044, TO A POINT OF
CURVE; THENCE SOUTHEASTERLY 81.40 FEET, ALONG SAID WESTERLY LINE OF LOT
3044, ALSO BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 224.88 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 12 DEGREES 14 MINUTES 00 SECONDS
EAST 80.96 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 04 DEGREES 11
MINUTES 26 SECONDS EAST 298.00 FEET, ALONG SAID WESTERLY LINE OF LOT 3044,
TO A POINT OF CURVE; THENCE SOUTHWESTERLY 104.04 FEET, ALONG SAID
WESTERLY LINE OF LOT 3044, ALSO BEING A CURVE TO THE RIGHT, HAVING A RADIUS
OF 150.00 FEET AND A CHORD BEARING AND DISTANCE O F SOUTH 17 DEGREES 24
MINUTES 09 SECONDS WEST 102.06 FEET, TO THE POINT OF BEGINNING; THENCE
SOUTH 61 DEGREES 06 MINUTES 53 SECONDS EAST 145.86 FEET, TO A POINT ON THE
EASTERLY LINE OF SAID LOT 3044, ALSO BEING A POINT ON A CURVE; THENCE
SOUTHWESTERLY 139.34 FEET, ALONG SAID EASTERLY LINE OF LOT 3044, ALSO
BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET AND A CHORD
BEARING AND DISTANCE OF SOUTH 39 DEGREES 14 MINUTES 30 SECONDS WEST
138.42 FEET; THENCE NORTH 40 DEGREES 37 MINUTES 00 SECONDS WEST 1 67.63
FEET, TO A POINT ON SAID WESTERLY LINE OF LOT 3044, ALSO BEING A POINT ON A
CURVE; THENCE NORTHEASTERLY 86.63 FEET, ALONG SAID WESTERLY LINE OF LOT
3044, ALSO BEING A CURVE TO THE LEFT; HAVING A RADIUS OF 150.00 FEET AND A
CHORD BEARING AND DISTANCE OF NORTH 53 DEGREES 50 MINUTES 15 SECONDS
EAST 85.44 FEET, TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
(AMENDMENT 13)
THAT PART OF LOT 3044 IN GRANDE RESERVE UNIT 15, BEING A SUBDIVISION OF
PART OF THE SOUTHWEST 1/4 AND OF THE SOUTHEAST 1/4 OF SECTION IL AND OF
PART OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 7, EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
AUGUST 3, 2006 AS DOCUMENT NUMBER 200600023729, BOUNDED AND DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3044; THENCE
NORTH 68 DEGREES 13 MINUTES 55 SECONDS EAST ALONG THE NORTH LINE OF SAID
LOT, 151.75 FEET; THENCE SOUTH 23 DEGREES 51 MINUTES 08 SECONDS EAST,
174.43 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF HERETOFORE
DEDICATED BAILEY ROAD; THENCE SOUTH 71 DEGREES 20 MINUTES 53 SECONDS
WEST ALONG SAID LAST DESCRIBED NORTH LINE, 154.47 FEET T O A POINT OF
CURVATURE; THENCE EASTERLY CONTINUING ALONG SAID LAST DESCRIBED NORTH
LINE, BEING A CURVED LINE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00
FEET, AN ARC LENGTH OF 41.19 FEET (THE CHORD TO SAID CURVED LINE BEARS
NORTH 61 DEGREES 27 MINUTES 15 SECONDS WEST, 36.69 FEET) TO AN
INTERSECTION WITH THE EAST LINE OF 90 FOOT WIDE KENNEDY ROAD AS
HERETOFORE DEDICATED PER DOCUMENT NUMBER 200600016199, BEING ALSO THE
WEST LINE OF LOT 3044 AFORESAID; THENCE NORTHERLY, CONTINUING ALONG SAID
LAST DESCRIBED WEST LINE OF LOT 3044, BEING A CURVED LINE, CONCAVE WEST,
HAVING A RADIUS OF 5550.00 FEET, AN ARC LENGTH OF 53.06 FEET (THE CHORD TO
SAID CURVED LINE BEARS NORTH 14 DEGREES 31 MINUTES 42 SECONDS WEST, 53.06
FEET); THENCE NORTH 13 DEGREES 08 MINUTES 56 SE CONDS WEST, CONTINUING
ALONG SAID LAST DESCRIBED WEST LINE, 86.01 FEET TO THE POINT OF BEGINNING,
IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
PARCEL 2:
LOTS EBE 35, EBE 36, AND LOT 3046 IN GRANDE RESERVE UNIT 15, BEING A
SUBDIVISION OF PART OF TH E SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER
OF SECTION 11, AND PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP
37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE
PLAT THEREOF RECORDED AUGUST 3, 2006 AS DOCUMENT NO. 200600023729 , IN THE
CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
EXCEPTING FROM LOT 3046 THE FOLLOWING DESCRIBED LAND:
(AMENDMENT 9)
THAT PART OF LOT 3046 IN GRANDE RESERVE UNIT 15, BEING A SUBDIVISION OF
PART OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF S ECTION
11, AND PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 3, 2006 AS DOCUMENT NO. 200600023729, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: CO MMENCING AT THE SOUTHWEST
CORNER OF SAID LOT 3046; THENCE NORTH 73 DEGREES 32 MINUTES 39 SECONDS
EAST 283.27 FEET, ALONG THE SOUTHERLY LINE OF SAID LOT 3046, TO THE POINT OF
BEGINNING; THENCE NORTH 23 DEGREES 42 MINUTES 35 SECONDS WEST 278.17
FEET, TO A PO INT ON THE NORTHERLY LINE OF SAID LOT 3046; THENCE
NORTHEASTERLY 86.67 FEET ALONG SAID NORTHERLY LINE OF LOT 3046, ALSO
BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 416.00 FEET AND A CHORD
BEARING AND DISTANCE OF NORTH 60 DEGREES 19 MINUTES 18 SECONDS EAS T
86.52 FEET; THENCE SOUTH 35 DEGREES 38 MINUTES 48 SECONDS EAST 313.14 FEET,
TO A POINT ON SAID SOUTHERLY LINE OF LOT 3046; THENCE SOUTH 73 DEGREES 32
MINUTES 39 SECONDS WEST 152.03 FEET, ALONG SAID SOUTHERLY LINE OF LOT
3046, TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
(AMENDMENT 10)
THAT PART OF LOT 3046 IN GRANDE RESERVE UNIT 15, BEING A SUBDIVISION OF
PART OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION IL,
AND PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NOR TH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 3, 2006 AS DOCUMENT NO. 200600023729, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF SAID LOT 3046; THENCE NORTH 73 DEGREES 32 MINUTES 39 SECONDS
EAST 435.30 FEET, ALONG THE SOUTHERLY LINE OF SAID LOT 3046, TO THE POINT OF
BEGINNING; THENCE NORTH 35 DEGREES 38 MINUTES 48 SECONDS WEST 313.14
FEET, TO A POINT ON THE NORTHERLY LINE OF SAID LOT 3046; THENCE
NORTHEASTERLY 78.61 FEET ALONG SAID NORTHERLY LINE OF LOT 3046, ALSO
BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 416.00 FEET AND A CHORD
BEARING AND DISTANCE OF NORTH 48 DEGREES 56 MINUTES 23 SECONDS EAST
78.49 FEET, TO THE NORTHEAST CORNER OF SAID LOT 3046; THENCE SOUTH 46
DEGREES 28 MINUTES 24 SECONDS EAST 41.95 FEET, ALONG THE EASTERLY LINE OF
SAID LOT 3046; THENCE SOUTH 47 DEGREES 57 MINUTES 30 SECONDS EAST 76.30
FEET, ALONG SAID EASTERLY LINE OF LOT 3046; THENCE SOUTH 67 DEGREES 51
MINUTES 50 SECONDS EAST 74.03 FEET, ALONG SAID EASTERLY LINE OF LOT 3046;
THENCE SOUTH 73 DEGREES 05 MINUTES 29 SECONDS EAST 73.70 FEET, ALONG SAID
EASTERLY LINE OF LOT 3046; THENCE SOUTH 89 DEGREES 04 MINUTES 33 SECONDS
EAST 71.68 FEET, ALONG SAID EASTERLY LINE OF LOT 3046; THENCE SOUTH 17
DEGREES 01 MINUTE 01 SECONDS EAST 118.93 FEET, ALONG SAID EASTERLY LINE OF
LOT 3046, TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 73 DEGREES 32
MINUTES 39 SECONDS WEST 218.28 FEET, ALONG SAID SOUTHERLY LINE OF LOT
3046, TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
PARCEL 3:
LOT 3066, EBE 18, EBE 19, EBE 21, EBE 22, EBE 23 AND EBE 24 IN GRANDE RESERVE
UNIT 22, A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 11,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
TO THE PLAT THEREOF RECORDED JUNE 13, 2007 AS DOCUMENT NO. 200700018495, IN
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
EXCEPTING FROM LOT 3066 THE FOLLOWING DESCRIBED LAND:
(AMENDMENT 11)
THAT PART OF LOT 3066 IN GRANDE RESERVE UNIT 22, A SUB DIVISION OF PART OF
THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRDPRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JUNE 13, 2007 AS DOCUMENT NO. 200700018495, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF
SAID GRANDE RESERVE UNIT 22 WITH THE WESTERLY RIGHT OF WAY LINE OF BISSEL
DRIVE, THENCE SOUTH 01 DEGREE 38 MINUTES 17 SECONDS EAST 56.43 FEET,
ALONG THE EASTERLY LINE OF SAID LOT 3066, TO A POINT OF CURVE, THENC E
SOUTHEASTERLY 19.65 FEET, ALONG SAID EASTERLY LINE OF LOT 3066, ALSO BEING
A CURVE TO THE RIGHT, HAVING A RADIUS OF 1 533.00 FEET AND A CHORD BEARING
AND DISTANCE OF SOUTH 02 DEGREES 0 MINUTES 22 SECONDS EAST 19.65 FEET;
THENCE SOUTH 71 DEGREES 44 MINUTE S 31 SECONDS MINUTES 201.56 FEET, TO A
POINT ON THE WESTERLY LINE OF SAID LOT 3066; THENCE NORTH 05 DEGREES 53
MINUTES 19 SECONDS WEST 48.95 FEET, ALONG SAID WESTERLY LINE OF LOT 3066,
TO A POINT OF CURVE; THENCE NORTHWESTERLY 33.31 FEET ALONG SAID
WESTERLY LINE OF LOT 3066, ALSO BEING A CURVE TO THE LEFT, HAVING A RADIUS
OF 533.00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 07 DEGREES 40
MINUTES 41 SECONDS WEST 33.31 FEET, TO A POINT OF REVERSE CURVE; THENCE
NORTHEASTERLY 33.92 FEET, ALONG THE NORTHERLY LINE OF SAID LOT 3066, ALSO
BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET AND A CHORD
BEARING AND DISTANCE OF NORTH 29 DEGREES 24 MINUTES 07 SECONDS EAST
31.38 FEET, TO A POINT OF TANGENCY; THENCE NORTH 68 DEGREES 16 MINUTES 24
SECOND EAST 84.06 FEET, ALONG SAID NORTHERLY LINE OF LOT 3066, TO A POINT
OF CURVE; THENCE NORTHEASTERLY 78.34 FEET, ALONG SAID NORTHERLY LINE OF
LOT 3066, ALSO BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 467.00 FEET AND
A CHORD BEARING AND DISTANCE OF NORTH 73 DEGREES 04 MINUTES 44 SECONDS
EAST 78.24 FEET, TO A POINT OF COMPOUND CURVE; THENCE SOUTHEASTERLY
43.84 FEET, ALONG SAID NORTHERLY LINE OF LOT 3066, ALSO BEING A CURVE TO
THE RIGHT, HAVING A RADIUS OF 25.00 FEET, AND A CHORD BEARING AND DISTANCE
OF SOUTH 51 DEGREES 52 MINUTES 38 SECONDS EAST 38.44 FEET, TO THE POINT OF
BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
(AMENDMENT 12)
THAT PART OF LOT 3066 IN GRANDE RESERVE UNIT 22, A SUBDIVISION OF PART OF
THE SOUTHWEST QUARTER OF SECTION II, TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JUNE 13, 2007 AS DOCUMENT NO. 200700018495, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING ON THE WESTERLY LINE OF SAID LOT 3066,
AT THE POINT OF CURVE SHOWN WEST OF EBE 17; THENCE SOUTH 05 DEGREES 53
MINUTES 19 SECONDS EAST 157.06 FEET, ALONG SAID WESTERLY LINE OF LOT 3066,
TO THE POINT OF BEGINNING; THENCE NORTH 84 DEGREES 06 MINUTES 41 SECONDS
EAST 97.00 FEET; THENCE SOUTH 05 DEGREES 53 MINUTES 19 SECONDS EAST 107.00
FEET; THENCE SOUTH 84 DEGREES 06 MINUTES 41 SECONDS WEST 97.00 FEET, TO A
POINT ON THE SAID WESTERLY LINE OF LOT 3066; THENCE NORTH 05 DEGREES 53
MINUTES 19 SECONDS WEST 107.00 FEET, ALONG SAID WESTERLY LINE OF LOT 3066,
TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
PARCEL 4:
LOTS 3067, EBE 25, EBE 26, EBE 27, EBE 28, EBE 29, EBE 30, EBE 31 AND EBE 32 IN
GRANDE RESERVE UNIT 22, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 13,
2007 AS DOCUMENT 200700018495, IN THE UNITED CITY OF YORKVILLE, KEN DALL
COUNTY, ILLINOIS.
Page 1 of 3
DRAFT
UNITED CITY OF YORKVILLE
PLAN COUNCIL
Thursday, November 12, 2020, 9:00am
Yorkville City Hall, Conference Room
800 Game Farm Road
NOTE: In accordance with Public Act 101-0640 and Gubernatorial Disaster Proclamation issued by
Governor Pritzker pursuant to the powers vested in the Governor under the Illinois Emergency
Management Agency Act, this meeting was held by allowing remote attendance to encourage social
distancing due to the current pandemic.
IN ATTENDANCE:
Krysti Barksdale Noble, Community Development Director/remote attendance
Jason Engberg, Senior Planner/remote attendance
Brad Sanderson, City Engineer/EEI/remote attendance
David Schultz, HR Green, representing Abby Properties/remote attendance
Ashley Rhea Shields, John Greene Realtors representing Abby Properties/remote attendance
Mr. Chris Lester, representing DR Horton/remote attendance
Jeff Ende, representing DR Horton/remote attendance
Mr. Engberg called the meeting to order at 9:00am.
1. Minutes for Approval: January 23, 2020
The minutes were approved as presented.
2. PZC 2020-11 Kendall Marketplace – Phase 2 & 3 (Final Plat)
Jason Engberg Comments:
Mr. Engberg said Phase 1 was discussed at the last meeting and this meeting will focus on Phase 2 & 3
with an additional 72 units. The phasing plan and final plat match the preliminary plan set forth in the
ordinance. He said Phases 2, 3 and 4 could all be done now to eliminate another meeting. He asked if
the Phase 4 stormwater management detention pond also serves plat 2 and 3.
Krysti Barksdale-Noble Comments:
Ms. Noble said comments she received from residents from the first phase apply to the current phases
and concern dust, parking on Blackberry Shore Lane and construction traffic should not park on or
enter the site from Blackberry Shore Lane. Ms. Shields said she will remind the various companies
such as ComEd, Nicor, etc. to enter through the construction entrance. Access roads are being built
now that should help keep utilities off Blackberry Shore Lane.
Page 2 of 3
Dave Schultz Comments:
Mr. Schultz addressed the stormwater question and said the detention pond is sized appropriately for all
phases and also serves the single-family and multi-family areas. With respect to considering Phase 4 at
this time, he said he would refer the question to Abby Properties. He said it was a funding and bonding
mechanism and they might not want to take on so much at this time. Ms. Shields concurred and said
they would not want to take on that burden now. Ms. Noble asked them to keep in mind that any future
requests to do underground work in unplatted areas would be denied. Mr. Schultz also noted that the
property is in the Plano School District and he was not sure about the marketing aspect.
Brad Sanderson Comments:
He said there are just small items to clean up the plat and he will work with Mr. Schultz to insure final
engineering plans and permits are in place. He will need updated estimates prior to the final plat being
executed.
General Discussion:
If the developers added Phase 4, Mr. Schultz asked what implications that would have now and
wondered if they would have to start over with the application process. Ms. Noble said it could be
done as an addendum and there would be staff review time.
Ms. Shields will speak with the developer with the concerns about going underground and said it would
behoove them to be able to have it all done, but the bonding is a concern.
Ms. Noble also asked Mr. Schultz about the functionality of the basin and if it's dry. Mr. Schultz
replied it is a dry basin, but probably has not been accepted yet and that it is tied to the single-family.
Before any occupancy is granted for any areas using it, Mr. Sanderson said it must be maintained and
that it will be part of the punchlist. He said there was a time when lack of maintenance was accepted,
but upkeep will be needed. He will make all aware of the needs. Encap will likely perform an
inspection and provide a status of the basin and then all can coordinate before the end of construction.
Phase 1 is not dependent on it, but is tied to the larger basin, said Mr. Schultz. In addition, Ms. Noble
said it is a native area and appropriate plantings are necessary.
This project will be on the agenda for the December 1 Economic Development Committee meeting
which will likely be virtual, said Mr. Engberg.
2. PZC 2020-12 Grande Reserve Townhomes (Final Plat)
Ms. Noble provided background for this project and said the petitioner is looking at Grande Reserve
Neighborhood #5 combined with unit 15 and 22 and are purchasing lots to build townhomes. They are
changing from blanket exemptions to blanket easements (EBE) thereby changing it to fee-simple lots.
DR Horton representatives said builders have largely gone away from EBE building envelopes and in
the past, lots would be parceled out depending on when they were built which caused problems. They
said it was simpler to identify lots beforehand and convey individual fee-simple parcels.
Mr. Sanderson said Manhard agreed to correct minor items remaining.
Page 3 of 3
There is a new submittal form in the package and Ms. Noble said she will update the information on the
website for all committee meetings.
Mr. Engberg said any new materials are needed by November 20th for future meetings. This item will
move to the Economic Development Committee on December 1 and to the January Planning and
Zoning Commission. Drafts of staff memos to EDC will be available prior to the meeting.
Adjournment
There was no further business and the meeting adjourned at 9:17am.
Minutes transcribed from audio by Marlys Young, Minute Taker
SUMMARY:
Staff has reviewed a request from Kendall County Planning and Zoning Department along with
the subsequent documents attached. This property is located within one and a half miles of the
planning boundary for Yorkville, allowing the City the opportunity to review and provide
comments to Kendall County. The petitioners, Kris and Hillary Wieschhaus, are requesting a
variance to allow installation of a driveway at zero feet (0’) from the eastern property line instead
of the required five-foot (5’) setback. The approximately 6.4-acre property is located at 9261
Kennedy Road which is about a half mile east of Route 47 on the north side of Kennedy Road.
The property is adjacent to the rear of 9227 Kennedy Road which fronts the right-of-way.
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: January 6, 2021
Subject: PZC 2020-13 –County Case 20-30 9261 Kennedy Road (Variance)
1.5 Mile Review
PROPOSED PROJECT:
According to the site plan, as shown in the
illustration to the right, the petitioner plans to
install an eighteen foot (18’) wide driveway
along the eastern boundary of the property. An
access point and private drive already exist
along Kennedy Road and this driveway would
provide better access to the property.
The petitioner is requesting relief from the
Kendall County Zoning Ordinance to allow
installation of a driveway at zero feet (0’) from
the eastern property line instead of the required
five-foot (5’) setback. The petitioner is making
this request to avoid the 100-year floodplain on
the property (see petition attached). The only
location outside of the floodplain is along the
eastern boundary of the parcel.
In the future, the owner plans on constructing a
single-family detached home on the property.
This house would be located north of the
floodplain and near the end of the proposed
driveway.
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.
The proposed variance for a driveway will not
affect the future land use designated in the
Comprehensive Plan. As stated in the
petitioner’s application, they plan on
constructing a single-family home on this parcel
in the future which aligns with Yorkville’s
future land use plan.
Additionally, the property is not likely to be annexed into the City any time soon and if the
property were annexed into the City, it would most likely be part of a larger redevelopment
project which would have this driveway removed.
Staff Recommendation & Comments
Staff has reviewed the request for variance authorization and does not have an objection to the
petitioner’s request. This request was reviewed by the Economic Development Committee at the
January 5, 2021 meeting where there were no additional given comments. Staff is seeking input
from the Planning and Zoning Commission for this request. This item was delivered to the City
on November 19, 2020.
Attachments
1. Application with Attachments
ZBA Memo – Prepared by Matt Asselmeier – November 19, 2020 Page 1 of 3
DEPARTMENT OF PLANNING, BUILDING & ZONING
111 West Fox Street • Room 203
Yorkville, IL • 60560
(630) 553-4141 Fax (630) 553-4179
Petition 20-30
Kris and Hillary Wieschhaus
Driveway Setback Variance
INTRODUCTION
Kris and Hillary Wieschhaus installed a driveway without a permit at 9261 Kennedy Road in Bristol Township.
A large portion of the property is within the one hundred (100) year floodplain (Zone AE).
The driveway was constructed within the required setback to avoid the floodplain.
The application materials are included as Attachment 1. The plat of survey is included as Attachment 2. The
aerial of the property with showing the driveway floodplain is included as Attachment 3.
SITE INFORMATION
PETITIONER
Kris and Hillary Wieschhaus
ADDRESSES
9261 Kennedy Road, Yorkville
LOCATION
Approximately 0.4 Miles East of Route 47 on the North Side of Kennedy Road
TOWNSHIP
Bristol
PARCEL #S
02-21-200-028
LOT SIZE
6.4 +/- Acres
EXITING LAND
USE
Vacant
ZONING
R-1
LRMP
Current
Land Use
Vacant
Future
Land Use
Suburban Residential (1.00 DU/Acre Max)
Roads Kennedy Road is a Minor Collector Road Maintained by Bristol
Township
Trails Yorkville has Trail Planned Along Kennedy Road
Floodplain/
Wetlands
Blackberry Creek is Located North of the Property and a Large
Portion of the Property is in the 100 Year Flood Plain (Zone AE);
Base Flood Elevation is 625.7
REQUESTED
ACTION
Variance to allow installation of a driveway at zero feet (0’) from the eastern property
line instead of the required five feet (5’) setback.
APPLICABLE
REGULATIONS
§11:02.F.7.b – Side Yard Setback for Driveways
ZBA Memo – Prepared by Matt Asselmeier – November 19, 2020 Page 2 of 3
§13:04 – Variation Procedures and Requirements
SURROUNDING LAND USE
Location Adjacent Land Use Adjacent Zoning LRMP Zoning within ½
Mile
North Single Family
Residential
R-2
(Yorkville)
Suburban Neighborhoods
(Yorkville)
R-2 and M-2
(Yorkville)
South Single Family
Residential
R-3
(County)
Suburban Residential
(1.00 DU/Acre Max)
R-3
(County)
R-2
(South)
East Single Family
Residential and
Vacant
R-1
(County)
Suburban Residential
A-1 and R-3
(County)
West Farmstead R-1
(Yorkville)
Estate Residential
(Yorkville)
A-1 and R-3
(County)
R-1 and B-3
(Yorkville)
GENERAL INFORMATION
The Petitioners wish to construct a house on the property in the future.
As noted on the plat of survey (Attachment 2), the base flood elevation is 625.7. The driveway elevations are
above the base flood elevation.
As noted on the aerial (Attachment 3), the driveway is not located in the one hundred (100) year floodplain,
but is located in the five hundred (500) year flood plain.
The proposed driveway will be approximately eighteen feet (18’) in width.
The property has been zoned R-1 since 1988.
BRISTOL TOWNSHIP
Bristol Township was emailed this proposal on November 19, 2020.
UNITED CITY OF YORKVILLE
The United City of Yorkville was emailed this proposal on November 19, 2020.
BRISTOL-KENDALL FIRE PROTECTION DISTRICT
The Bristol-Kendall Fire Protection District was emailed this proposal on November 19, 2020.
FINDINGS OF FACT
§ 13:04.A.3 of the Zoning Ordinance outlines findings that the Zoning Board of Appeals must make in order to
grant variations. They are listed below in italics. Staff has provided findings in bold below based on the
recommendation:
That the particular physical surroundings, shape, or topographical condition of the specific property involved
would result in a particular hardship or practical difficulty upon the owner if the strict letter of the regulations
were carried out. Because of the large amount of one-hundred-year floodplain on the property, the
ZBA Memo – Prepared by Matt Asselmeier – November 19, 2020 Page 3 of 3
Petitioners are limited to where a driveway can be installed. The proposed location allows the
Petitioners to install the driveway without impacting the floodplain.
That the conditions upon which the requested variation is based would not be applicable, generally, to other
property within the same zoning classification. This is true. The Petitioners wish to obtain the variance
because of the location of the floodplain on the property and no other condition.
That the alleged difficulty or hardship has not been created by any person presently having an interest in the
property. The owners did not create the floodplain on the property and have limited options for
constructing a driveway at other locations on the property without impacting the floodplain.
That the granting of the variation will not materially be detrimental to the public welfare or substantially
injurious to other property or improvements in the neighborhood in which the property is located. The
requested variance should not negatively impact any of the neighbors and will not be detrimental to
the public welfare or injurious to other property or improvements in the neighborhood.
That the proposed variation will not impair an adequate supply of light and air to adjacent property, or
substantially increase the congestion in the public streets or increase the danger of fire, or endanger the
public safety or substantially diminish or impair property values within the neighborhood. Adding the
proposed driveway will not impair any of the above items.
RECOMMENDATION
Staff recommends approval of the requested variance subject to the following conditions:
1. The setback on the east side of the subject property may be reduced to zero feet (0’) for the installation of
the driveway only. This variation shall not apply to any of the other required setbacks contained in the
Kendall County Zoning Ordinance.
2. The driveway shall be installed at substantially the location shown on the plat of survey shown on
Attachment 2.
3. Installation of the driveway shall follow all applicable Federal, State, and Local laws.
4. This variance shall be treated as a covenant running with the land and is binding on the successors,
heirs, and assigns.
ATTACHMENTS
1. Application (Including Petitioner’s Findings of Fact)
2. Plat of Survey
3. Aerial
Last Revised: 9.28.12
Special Use Date Stamp Here If
Checklist Is Complete
DEPARTMENT OF PLANNING, BUILDING & ZONING
111 West Fox Street Yorkville, IL 60560
(630) 553-4141 Fax (630) 553-4179
APPLICATION
PROJECT NAME ______________________________FILE #:__________
NAME OF APPLICANT
CURRENT LANDOWNER/NAME(s)
SITE INFORMATION SITE ADDRESS OR LOCATION ASSESSOR’S ID NUMBER (PIN)
ACRES
EXISTING LAND USE CURRENT ZONING LAND CLASSIFICATION ON LRMP
REQUESTED ACTION (Check All That Apply):
_____SPECIAL USE ___ MAP AMENDMENT (Rezone to ____) ___ VARIANCE
___ADMINISTRATIVE VARIANCE ___ A-1 CONDITIONAL USE for:______________ ___ SITE PLAN REVIEW
___ TEXT AMENDMENT ___ RPD (___Concept; ___ Preliminary; ___ Final) ___ ADMINISTRATIVE APPEAL
___ PRELIMINARY PLAT ___ FINAL PLAT ___ OTHER PLAT (Vacation, Dedication,
etc.)
AMENDMENT TO A SPECIAL USE ( Major; Minor)
1PRIMARY CONTACT PRIMARY CONTACT MAILING ADDRESS PRIMARY CONTACT EMAIL
PRIMARY CONTACT PHONE # PRIMARY CONTACT FAX # PRIMARY CONTACT OTHER #(Cell, etc.)
2ENGINEER CONTACT ENGINEER MAILING ADDRESS ENGINEER EMAIL
ENGINEER PHONE # ENGINEER FAX # ENGINEER OTHER # (Cell, etc.)
I UNDERSTAND THAT BY SIGNING THIS FORM, THAT THE PROPERTY IN QUESTION MAY BE VISITED BY
COUNTY STAFF & BOARD/ COMMISSION MEMBERS THROUGHOUT THE PETITION PROCESS AND THAT
THE PRIMARY CONTACT LISTED ABOVE WILL BE SUBJECT TO ALL CORRESPONDANCE ISSUED BY
THE COUNTY.
I CERTIFY THAT THE INFORMATION AND EXHIBITS SUBMITTED ARE TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND THAT I AM TO FILE THIS APPLICATION AND ACT ON BEHALF OF THE
ABOVE SIGNATURES.
SIGNATURE OF APPLICANT DATE
FEE PAID:$________________
CHECK #:________________
1Primary Contact will receive all correspondence from County 2Engineering Contact will receive all correspondence from the County’s Engineering Consultants
Kris & Hillary Wieschhaus
Kris & Hillary Wieschhaus
6 9261 Kennedy Rd 02-21-200-028
Vacant (future home site)Residential Suburban Residential
Kris Wieschhaus
Attachment 1, Page 1
Please fill out the following findings of fact to the best of your capabilities. § 13.04 of
the Zoning Ordinance outlines findings that the Zoning Board of Appeals shall take into
consideration the extent to which the following conditions have been established by the
evidence:
That the particular physical surroundings, shape, or topographical condition of the
specific property involved would result in a particular hardship or practical difficulty
upon the owner if the strict letter of the regulations were carried out.
That the conditions upon which the requested variation is based would not be applicable,
generally, to other property within the same zoning classification.
That the alleged difficulty or hardship has not been created by any person presently
having an interest in the property.
That the granting of the variation will not materially be detrimental to the public welfare
or substantially injurious to other property or improvements in the neighborhood in
which the property is located.
That the proposed variation will not impair an adequate supply of light and air to
adjacent property, or substantially increase the congestion in the public streets or
increase the danger of fire, or endanger the public safety or substantially diminish or
impair property values within the neighborhood.
Overview:
This variance is to allow the placement of a driveway directly along the east side of 9261 Kennedy
Road (02-21-200-028). The driveway to the property was placed on the property line and lacks the 5
foot setback required by code.
The adjoining neighbor has agreed that the placement of the driveway is fine and has no issues with
the current configuration.
Due to the topographical condition of the property it is impracticle to place the driveway anywhere else
to to low-lying areas of the property.
It has not
It will not.
Note: This property is not part of a neighborhood.
The variation will have no ipact on light or supply of air to the adjacent property.
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
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Attachment 3
Kendall County Zoning Board of Appeals
12-14-2020 Remote Meeting Attendance
In accordance with the Governor’s Executive Order 2020-07, Kendall County Board Chairman Scott
Gryder is encouraging social distancing by allowing remote attendance to the Kendall County Zoning
Board of Appeals Meeting/Hearing scheduled for Monday, December 14, 2020, at 7:00 p.m. Instructions
for joining the meeting are listed below.
For your safety and others, please attend the hearing/meeting by phone or computer, if possible. The
East Wing Conference Room located at the Kendall County Historic Courthouse at 110 W. Madison
Street (also addressed as 109 W. Ridge Street), in Yorkville, will have limited seating available. Masks are
required when social distancing is not possible. If you plan to attend in person, please follow all social
distancing requirements.
If anyone from the public would like to make a comment during the hearing/meeting there will be an
allotted time on the agenda for public comment, and all of the county board rules of order still apply.
We will also accept public comment by emailing: masselmeier@co.kendall.il.us. Members of the public
may contact Kendall County PBZ Department prior to the meeting for assistance making public comment
at 630-553-4139; email correspondence is preferred.
________________________________________________________________________________
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________________________________________________________________________________
Kendall County Zoning Board of Appeals Information:
https://www.co.kendall.il.us/transparency/agendas-packets-and-meetings-schedules/planning-building-
and-zoning/zba-zoning-board-of-appeals
For information about how to join a Microsoft Teams meeting, please see the following link.
https://support.office.com/en-us/article/join-a-meeting-in-teams-1613bb53-f3fa-431e-85a9-
d6a91e3468c9