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Planning and Zoning Commission Packet 2021 12-08-21 PLANNING AND ZONING COMMISSION AGENDA Wednesday, December 8, 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: June 9, 2021 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings Unfinished Business New Business 1. PZC 2021-08 The petitioner, Brian Henrichs on behalf of Baka Properties, LLC, is requesting to rezone their property from the A-1 Agricultural District to R-3 One Family Residential District in unincorporated Kendall County. The property is generally located at the southeast of the Heartland Circle subdivision in Yorkville at the intersection of Tuma Road and Riverside Street. Action Item Mile and One-Half Review Additional Business 1. Appointment of Vice Chairperson Adjournment United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Page 1 of 3 DRAFT PLANNING & ZONING COMMISSION City Council Chambers 800 Game Farm Road, Yorkville, Il Wednesday, June 9, 2021 7:00pm 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, the City of Yorkville is allowing remote attendance at this meeting. Social distancing is being encouraged 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: Deborah Horaz-yes/remote, Don Marcum-yes/remote, Greg Millen- yes/remote, Jeff Olson-yes/in-person, Danny Williams-yes/remote Absent: Richard Vinyard, Rusty Hyett City Staff Krysti Barksdale-Noble, Community Development Director/remote Jason Engberg, Senior Planner/in-person Other Guests Matt Asselmeier, Kendall County/remote Lynn Dubajic, City Consultant/remote (joined 6:31pm) Previous Meeting Minutes March 10, 2021 The minutes were approved as presented on a motion and second by Commissioners Williams and Horaz, respectively. Roll call: Marcum-yes, Millen-yes, Olson-yes, Williams-yes, Horaz-yes. Carried 5-0. Citizen’s Comments None Public Hearings None Unfinished Business None New Business 1. PZC 2021-04 Staff is seeking input from the Planning and Zoning Commission on a request from the Kendall County Comprehensive Land Plan and Ordinance Committee. The future extension of Eldamain Road south of the river brings Page 2 of 3 potential development opportunities to the area. The County is seeking input from the City on the possibility of amending the city's future land use map. Mr. Engberg said representatives from Yorkville, Millbrook and Plano recently attended a meeting with the County to discuss the future South Eldamain Rd. which will eventually connect to Rte. 71. The committee wanted to discuss Yorkville's future land use projections while the County is changing some of their plans. The west side of Eldamain is Plano's planning area while the east side is Yorkville. Estate residential is the current use and the County asked if the City would be willing to change to some type of business use as well. Mr. Engberg said this discussion has been held at an EDC meeting and the full City Council. Council members made no commitment at this time, but they would like to keep the residential designated near the forest preserves. Considerations: Mr. Engberg said the scope of the original Comp Plan is 10 years. It was approved in 2016 and an update will begin in '23/'24. Metra Rail is also conducting a study for a future train station which could change the land uses. He asked for comments from the Commissioners. Comments: Ms. Noble said that an industrial user would likely annex either to Plano or Yorkville. She believes the County is trying to align all the communities with the same vision so all will have an expectation of how South Eldamain develops. Staff's concern is that the Comp Plan went through a Public Hearing process and engaged area property owners for their visions. It is not known if the property owners are involved in the current process and staff hesitates to makes changes without their input. Mr. Olson noted that some past suggested uses were voted down because they were not in the Comp Plan. He also said the last big bridge built was over Orchard Road and no major changes occurred there. He added that it is unfortunate the bridge will be built between Hoover and Silver Springs. Mr. Asselmeier said Eldamain will have multiple access points to remove truck traffic from Yorkville and decrease congestion. He added that the County has not engaged with property owners yet. Ms. Noble said S. Eldamain might be higher density residential which would be appropriate next to a more intensive land use. She also said the City must be sure that YBSD can support extra housing and businesses and that utility plans for industrial users should be started now. Ms. Noble said perhaps a commitment or incentive plan among municipalities is needed to bring development. Mr. Marcum said he favors development, but utilities are an issue. Ms. Horaz said it is hard to make a recommendation at this time. Landowners on North Eldamain are being approached by developers and Ms. Noble said she would like to determine who is making inquiries. School districts also need to be involved since they may lose residential development to commercial resulting in less tax. Page 3 of 3 Mr. Williams said he is OK with waiting for the next Comp Plan before making firm decisions. He asked if Metra has a preference for their station location which is believed to be Rt. 47 near Wrigley. Ms. Noble said the terminus of a train station may also predict what happens to land uses on Eldamain. Ms. Noble added that the building permits have increased during/since the pandemic which could impact the Metra ridership. Commissioner Millen noted that with the forest preserves by the bridge there should be less pollution near the river since industry is usually not located near preserves. Mr. Olson said he would not want industry adjacent to the river but would rather have residential. Summary: Mr. Engberg will compile the comments and send to the County. Homeowners in the area will be contacted for their input. Ms. Horaz also referred to a Kendall County Record article in which homeowners stated no one had reached out to them about the bridge project. Additional Business None Adjournment There was no further business and the meeting was adjourned at 7:36pm on a motion and second by Commissioners Williams and Horaz, respectively. Unanimous voice vote. Respectfully submitted by Marlys Young, Minute Taker/remote SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. The property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioner, Brian Henrichs on behalf of Baka Properties, LLC, is requesting to rezone their property from the A-1 Agricultural District to R-3 One Family Residential District. The purpose of this request is to eventually subdivide the property and build two single-family dwelling units on the exiting 2.7-acre property. The property is generally located at the southeast of the Heartland Circle subdivision in Yorkville at the intersection of Tuma Road and Riverside Street. PROJECT SUMMARY: The petitioner is requesting to rezone their property from A-1 Agricultural District to R-3 One Family Residential District. As stated in the Kendall County Zoning Ordinance, properties zoned A-1 may construct a detached single-family home on properties greater than forty (40) acres. Since it is the petitioner’s intention to build two (2) single-family detached residences on the property, they need to rezone the property to make it a conforming use. The R-3 One Family Residence District allows for detached single-family homes on a property no smaller than 45,000 square feet in size. The petitioner is planning on later subdividing the parcel into two separate properties which meet these criteria. Memorandum To: Planning and Zoning Commission From: Jason Engberg, Senior Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: December 1, 2021 Subject: PZC 2021-08 55 Riverside Street 1.5 Mile Review (Rezone) The property is located at the intersection of Tuma Road and Riverside Street. It is approximately eight hundred (800) feet from the current Yorkville Municipal Boundary which is the Heartland Circle residential subdivision. The property is currently surrounded by residential uses which are zoned either A- 1 Agricultural District or R-3 One Family Residence District. Location Adjacent Land Use Kendall County Zoning North Single-Family Home A-1 and R-3 East Single-Family Home A-1 South Single-Family Home A-1 West Single-Family Home A-1 It should also be noted that many of the unincorporated properties along Tuma Road to the north of this property are also zoned R-3 One Family Residence District. 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 request to rezone this property from an agricultural district to a large lot residential district is in line with the City’s future land use plans within the Comprehensive Plan. The County’s R-3 District is similar to the City’s E-1 Estate District which is designed to accommodate detached dwelling units on large lots (minimum of 1 acre). Therefore, even when this property is eventually divided into two lots, it will still be consistent with the City’s long-term plans for the area. STAFF COMMENTS Staff has reviewed the request for rezoning and generally does not oppose the rezoning of this property. The one-and-a-half-mile review allows for the City to make comments and requests to the petitioner and the County before their County public meetings. This review will also be brought to the City Council at the January 11, 2021 meeting. This item was delivered to the City on November 16, 2021. Staff is seeking feedback from members regarding the request. ATTACHMENTS 1. Application with Attachments ZPAC Memo – Prepared by Matt Asselmeier – November 16, 2021 Page 1 of 4 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 21-48 Brian Henrichs on Behalf of Baka Properties, LLC Map Amendment Rezoning Property from A-1 to R-3 INTRODUCTION The Petitioner is requesting a map amendment rezoning the subject property from A-1 Agricultural District to R-3 One Family Residential District. The Petitioner plans to submit preliminary and final plats dividing the property into two (2) parcels in order to construct one (1) house on each new parcel. The application materials are included as Attachment 1. The plat of survey is included as Attachment 2. The topographic survey of the property is included as Attachment 3. The aerial of the property is included as Attachment 4. SITE INFORMATION PETITIONER Brian Henrichs on Behalf of Baka Properties, LLC ADDRESS 55 Riverside Street, Yorkville (Lot 183 Fox River Gardens) LOCATION Intersection of Riverside Street and Yorkville Road TOWNSHIP Bristol PARCEL # 02-34-130-004 LOT SIZE 2.7 +/- Acres ZPAC Memo – Prepared by Matt Asselmeier – November 16, 2021 Page 2 of 4 EXISTING LAND USE Vacant (Former Horse Pasture Site) ZONING A-1 Agricultural District LRMP Current Land Use Vacant (Former Horse Pasture Site) Future Land Use Suburban Residential (Max 1.00 Du/Acre) (County) Estate/Conservation Residential (Yorkville) Roads Riverside Street and Yorkville Road are Private Streets. Trails None Floodplain/ Wetlands There is floodplain on the property, see Attachments 5 and 6. There are no wetlands on the property. REQUESTED ACTION Map Amendment Rezoning Property from A-1 to R-1 APPLICABLE REGULATIONS Section 13:07 – Map Amendment Procedures SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Single-Family Residential A-1 and R-3 Suburban Residential (Max 1.00 DU/Acre) (County) Estate/Conservation Residential (Yorkville) A-1 SU and R-3 (County) R-2 and OS-2 (Yorkville) South Single-Family Residential A-1 Suburban Residential (County) Estate/Conservation Residential (Yorkville) A-1 and R-3 East Single-Family Residential A-1 Suburban Residential (County) Estate/Conservation Residential (Yorkville) A-1 and R-2 West Single-Family Residential A-1 Suburban Residential (County) Estate/Conservation Residential (Yorkville) A-1, R-1, R-2, and R-3 The A-1 special use to the north is for a campground (Hide-A-Way Lakes). ZPAC Memo – Prepared by Matt Asselmeier – November 16, 2021 Page 3 of 4 PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCat submitted on November 10, 2021. Protected resources may be in the vicinity, but adverse impacts were unlikely and consultation was terminated (see Attachment 1, Page 7). NATURAL RESOURCES INVENTORY NRI application submitted on November 12, 2021 (see Attachment 1, Page 6). ACTION SUMMARY BRISTOL TOWNSHIP Bristol Township was emailed information on November 16, 2021. UNITED CITY OF YORKVILLE The United City of Yorkville was emailed information on November 16, 2021. BRISTOL-KENDALL FIRE PROTECTION DISTRICT The Bristol-Kendall Fire Protection District was emailed information on November 16, 2021. GENERAL INFORMATION The Petitioner desires to rezone the subject property in order to subdivide the property into (2) parcels and construct one (1) house on each of the two (2) new parcels created for a total of two (2) new houses. Section 8:07.H of the Kendall County Zoning Ordinance does not allow properties larger than ten (10) acres in size to rezone to the R-3 One Family Residential District. The subject property is less than ten (10) acres in size. The minimum lot size in the R-3 One Family Residential District is forty-five thousand (45,000) square feet. BUILDING CODES Any new homes or accessory structures would be required to meet applicable building codes. According to the Plat of Survey (Attachment 2), there is one (1) existing steel and frame pole building and one (1) frame stable on the property. UTILITIES No public or private utilities are onsite. Electricity is at Yorkville Road and Riverside Street. ACCESS The property fronts Yorkville Road and Riverside Street, two (2) private roads. PARKING AND INTERNAL TRAFFIC CIRCULATION Any new driveways constructed would be for residential purposes. Any new driveways would have to meet applicable regulations and secure proper permits. ODORS No new odors are foreseen. LIGHTING Any new lighting would be for residential use only. LANDSCAPING AND SCREENING Any fencing, landscaping, or screening would be for residential purposes. SIGNAGE Any signage would be residential in nature. NOISE CONTROL No noise is anticipated. ZPAC Memo – Prepared by Matt Asselmeier – November 16, 2021 Page 4 of 4 STORMWATER Any new homes would have to be constructed per Kendall County’s Stormwater Management Ordinance. FINDINGS OF FACT §13:07.F of the Zoning Ordinance outlines findings that the Zoning Board of Appeals must make in order to recommend in favor of the applicant on map amendment applications. They are listed below in italics. Staff has provided findings in bold below based on the recommendation: Existing uses of property within the general area of the property in question. The surrounding properties are used for used for single-family residential uses. The Zoning classification of property within the general area of the property in question. The surrounding properties are zoned A-1 or R-3. The suitability of the property in question for the uses permitted under the existing zoning classification. The property is presently zoned A-1. The property is less than forty (40) acres and does not qualify for any agricultural housing allocations. No new single-family homes can be constructed on the subject property without a map amendment. The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was in its present zoning classification. The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of th is paragraph the R-1 District shall be considered the highest classification and the M-2 District shall be considered the lowest classification. The trend of development in the area is single-family residential uses found in rural settings with wooded lots. Consistency with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. The Future Land Use Map in the Land Resource Management Plan classifies this property as Suburban Residential. The maximum density for the Suburban Residential classification is one density unit per acre (1.00 DU/Acre). The minimum lot size for R-3 One Family Residential District zoned land is slightly over one (1) acre at forty-five thousand (45,000) square feet. Accordingly, the R-3 One Family Residential District is consistent with the Suburban Residential classification. RECOMMENDATION Staff recommends approval of the proposed map amendment because the proposal is consistent with the Land Resource Management Plan. ATTACHMENTS 1. Application Materials 2. Plat of Survey 3. Topographic Survey 4. Aerial 5. November 13, 2021, WBK Email 6. Approximate Floodplain Aerial Attachment 1, Page 1 Attachment 1, Page 2 Attachment 1, Page 3 Attachment 1, Page 4 Attachment 1, Page 5 Attachment 1, Page 6 Attachment 1, Page 7 Attachment 2 Attachment 3 56 RIVERSIDE ST 44 RIVERSIDE ST 40 RIVERSIDE ST 34 RIVERSIDE ST 75 RIVERSIDE DR 55 RIVERSIDE DR 16 YORKVILLE RD 006 005 003 008 011 010 009 004 009 010 Attachment 4 © OpenStreetMap (and) contributors, CC-BY-SA, Map data © OpenStreetMap contributors, Microsoft, Esri Community Maps contributors, Kendall County Address Points Parcels Ownership Parcel November 12, 2021 0 0.02 0.040.01 mi 0 0.03 0.060.01 km 1:1,680 Kendall County Web GIS View GIS Disclaimer at https://www.co.kendall.il.us/departments/geographic-information-systems/gis-disclaimer-page/. Attachment 5 RIV E RSIDE S T RIVERSI D E S T YO R KVILL E R D 16 YORKVILLE RD 44 RIVERSIDE ST 02-34-130-004 02-34-129-006 02-34-130-005 02-34-176-003 02-34-204-005 02-34-204-006 02-34-129-010 111 West Fox Street - Room 308 Yorkville, Illinois 60560 630.553.4212 Kendall County GIS 0 100 20050 Feet Aerial for 02-34-130-004 Approximate floodplain area below 582'. Please see topographic survey for exact area. Attachment 6