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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 -------------------------------------------------------------------------------------------------------------------- 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com 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 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 2 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. ----- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 3 (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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 4 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 5 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 6 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 7 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 8 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 9 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 10 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 11 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 12 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 13 (Which were all the proceedings had in the public hearing portion of the meeting.) ---o 0 o --- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -September 9,2020 14 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 1 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 2 2020 [2]-1:20,14:17 2020-08 [3]-4:21, 5:18,6:12 24 [1]-9:19 3 32 [2]-10:17,10:18 34 [2]-6:10,7:2 5 500 [1]-10:14 7 78 [2]-8:16,11:3 7:00 [1]-1:21 8 800 [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 815.993.2832 cms.vitosh@gmail.com 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 815.993.2832 cms.vitosh@gmail.com 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 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com 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 L L E S P I E L AN E ( 8 0 ' R .O .W . H ER E TO FOR E D ED IC A T ED P ER DOC . 2 0 0 7 0 0 0 1 4 7 7 9 )LOT 50LOT 49LOT 48LOT 47LOT 46LOT 45LOT 44LOT 43LOT 42LOT 41LOT 40LOT 39LOT 38LOT 37LOT 36LOT 35LOT 34LOT 33FUTURE 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 LANDS 201Illinois 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 3 202 203 204 205 206 207 208 209 210 211 212 218 217 216 215 214 213 219 220 221 222 223 224 230 229 228 227 226 225 236 235 234 233 232 231 237 238 239 240 241 242 243 244 245 246 247 248 301302303 304 305 306 313 314 315 316 317 318 307 308 309 310 311 312 319 320 321 322 323 324 102 103 148 101 147LOT 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 TM 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 SUBDIVISION1 5November 10, 2020 - 12:35 Dwg Name: P:\Drhyvil01\dwg\Surv\Final Drawings\Plat of Subdivision\DRHYVIL01-PS 01.dwg Updated By: MSchmitt 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 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: 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 TM 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 5November 10, 2020 - 12:35 Dwg Name: P:\Drhyvil01\dwg\Surv\Final Drawings\Plat of Subdivision\DRHYVIL01-PS 01.dwg Updated By: MSchmitt 062-059932PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATE REVISIONS DRAWN BY TM 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 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 Novem er 18, 202() K ndall Co Parcels pare Ad ress Poit ts SA Flood Hazard Ar as 11111 % Annual Cha ce Floo azarcl 0.2% Ann al Chance Flood Hazard Incorporated Areas Yorkville Ki! dall �-01.rl ,·wei, GIS V'::.•,•� G -r--o-: am a ;:,'NfllfWD)�aa11. _J�i· :partrr-en:s..�ge:::grap� lri'"onria 1:::n---;:,�:�rns.ag::,--::irsaa .. rner a.�e, 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. ________________________________________________________________________________ Microsoft Teams Meeting Click here to join the meeting Or call in (audio only) +1 309-248-0701 United States, Rock Island (Toll) Phone Conference ID: 756 909 888# Find a local number | Reset PIN Kendall County Learn More | Meeting options | Legal ________________________________________________________________________________ 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