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Planning and Zoning Commission Packet 2022 10-12-22PLANNING AND ZONING COMMISSION AGENDA Wednesday, October 12, 2022 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: August 10, 2022 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1.PZC 2022-19 Jordan Gash, on behalf of Restore Church, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification of three (3) parcels totaling approximately 34 acres located at 8710 Route 71 in Yorkville, Illinois. The real property, situated east of Illinois State Route 71 and Illinois State Route 126 intersection on the northeast corner of Wing Road and Illinois State Route 71, is part of the previously approved Windmill Farms Annexation Agreement. The petitioner is seeking to rezone from the Planned Unit Development (PUD) zoning designation to the B-3 General Business District to continue to operate the existing religious institution land use and accommodate future commercial development. Unfinished Business New Business 1.PZC 2022-19 Jordan Gash, on behalf of Restore Church, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification of three (3) parcels totaling approximately 34 acres located at 8710 Route 71 in Yorkville, Illinois. The real property, situated east of Illinois State Route 71 and Illinois State Route 126 intersection on the northeast corner of Wing Road and Illinois State Route 71, is part of the previously approved Windmill Farms Annexation Agreement. The petitioner is seeking to rezone from the Planned Unit Development (PUD) zoning designation to the B-3 General Business District to continue to operate the existing religious institution land use and accommodate future commercial development. Additional Business 1.City Council Action Updates United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us a. PZC 2021-08 Thomas Williamson, on behalf of Graham C Stores Company, petitioner, is seeking special use permit authorization, rezoning approval, a variance to the sign regulations, and final plat approval to develop a gasoline service station with accessory convenience store. The real property is approximately 5.51 acres and is located at the northeast corner of State Route 47 (Bridge Street) and State Route 71 (Stagecoach Trail) intersection. Action Item Rezone, Special Use, Sign Variance, Final Plat b. PZC 2022-14 John McFarland, on behalf of CalAtlantic Group, LLC, petitioner, is seeking Final Plat approval to subdivide the approximately 6.27-acre vacant parcel into 12 single-family units in Windett Ridge Unit 2. The subject property is generally located east of South Bridge Street (IL Route 47) and south of Stagecoach Trail (IL Route 71) at the eastern edge of Windett Ridge Road. Action Item Final Plat c. PZC 2022-16 John McFarland, on behalf of CalAtlantic Group, LLC, petitioner, is seeking Final Plat approval to subdivide two (2) undeveloped parcels totaling approximately 22.77 into 62 lots consisting of 61 single-family units and a 37,809-square foot open space lot in Caledonia – Phase 3. The proposed Final Plat would complete the buildout of the overall master planned subdivision of 206 single family detached residential lots. The property is generally located south of Corneils Road and west of Bridge Street. Action Item Final Plat 2. Aging in Community - Lifecycle Living Workshop Adjournment DRAFT Page 1 of 6 PLANNING & ZONING COMMISSION City Council Chambers 800 Game Farm Road, Yorkville, Il Wednesday, August 10, 2022 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 and 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 Jeff Olson-yes/in-person Danny Williams-yes/in-person Deborah Horaz-yes/electronic attendance Rusty Hyett-yes/electronic attendance Absent: Greg Millen, Richard Vinyard City Staff Krysti Barksdale-Noble, Community Develo pment Director/in-person attendance Jason Engberg, Senior Planner/in-person attendance Other Guests Chris Vitosh, Vitosh Reporting Service/electronic attendance John McFarland, CalAtlantic/electronic attendance Thomas Williamson, G.M.. Graham C Stores/in-person David Courtright, Attorney, Yorkville Public Storage/in-person attendance Susan Munson, Legacy Real Estate/in-person attendance David Schultz, Engineer, HR Green/in-person attendance Mark VanDonselaar, Graham C Store/in-person attendance John & Janet Warnecke/in-person attendance Rob Costello, Graham C Stores/in-person attendance Todd Milliron/in-person attendance Previous Meeting Minutes July 13, 2022 The minutes were approved as presented on a motion and second by Commissioners Horaz and Williams, respectively. Roll call: Olson-yes, Williams-yes, Horaz-yes, Hyett-yes. Carried 4-0. Citizen’s Comments (see comments at end of meeting minutes) Public Hearings Chairman Olson stated there were two Public Hearings and he explained the procedure to be followed. He swore in those who would present testimony for or against. The Public Hearings were opened at 7:03pm on a motion and second by Commissioners Williams and Hyett, respectively. Roll call: Williams-yes, Horaz-yes, Hyett-yes, Olson-yes. Carried 4-0. Page 2 of 6 The Public Hearing descriptions were read by Chairman Olson: 1. PZC 2022-08 Thomas Williamson, on behalf of Graham C Stores Company, petitioner, is seeking special use permit authorization, rezoning approval and a variance to the sign regulations to develop a gasoline service station with accessory convenience store. The real property is approximately 5.51 acres and is located at the northeast corner of State Route 47 (Bridge Street) and State Route 71 (Stagecoach Trail) intersection (See Court Reporter's Transcript of Proceedings) (Petitioner requested the Standards to be entered into the official record) 2. 2022-17 David Courtright, attorney on behalf of CIG TSP LLC, GIG TSP AP LLC, CIG TSP CFP LLC, CIG TSP K&SM II LLC, petitioners, is seeking variance approval to permit permanent accessory structures closer to the public way than the principal building on a lot and to permit expansion of a non-conforming use. The real property is located at 1602 N. Bridge Street on the east side of Bridge Street (State Route 47) and north of Veterans Parkway (U.S. 34). The petitioner is seeking to keep their temporary storage containers currently located on the property as permitted through a temporary building permit. (See Court Reporter's Transcript of Proceedings) (Petitioner requested the responses to the Standards be added to the official record) After testimony was presented, a motion was made by Mr. Williams, seconded by Mr. Hyett, to close the Public Hearings. Roll call: Williams-yes, Horaz-yes, Hyett-yes, Olson-yes. Carried 4-0. Unfinished Business None New Business 1. PZC 2022-08 Thomas Williamson, Graham C Stores (see #1 above) Ms. Noble said the Petitioner is making 3 requests under the Public Hearing process and also a request for a Final Plat. The current zoning is M-1 and the site is 2 parcels totaling 5.5 acres. Rezoning Request: The Petitioner is proposing to rezone to B-3, consistent with the Comp Plan and staff supports this. Special Use: Ms. Noble described the layout of the gas station when built. She discussed the site plan and said the various setbacks and other requirements have been met. It was noted the petitioner has agreed to signage on Rt. 71 so the ingress/egress is not blocked. Sign Variance: A request for a 30-foot sign was made by the Petitioner, which staff compared to the heights of other gas station signs. The maximum height allowed is 12 feet and 65 sq. ft sign area. Ms. Noble said this request was negotiated down to 25 feet high and 168 feet sign area, but staff is open to discussing a smaller sign. The sign material is consistent with requirements. Final Plat: The Final Plat has been reviewed by the City Engineer and staff supports approval. There are conditions established in staff's memo and comments from a July 14th engineer's memo, both of which should be considered conditions of the Special Use. If the city grants the height and size variance, the Economic Development Committee requests that there be a maximum of one monument sign for this parcel. Page 3 of 6 Commissioners' Discussion of Four Requests: Rezoning: Chairman Olson read the Standards for Rezoning and the Commissioners had no objection to the rezoning. Ms. Horaz asked who would maintain the access roads leading to Rt. 71 and Rt. 47. Engineer David Schultz said these roads will be maintained by IDOT while the Petitioner will maintain the access on their property. The road around the back of the gas station is private and will be maintained by the Petitioner. Special Use: Mr. Olson read the Standards for a Special Use and all Commissioners were OK with this. Sign Variance: The Sign Variance Standards were read by Mr. Olson and all Commissioners objected to the request for increased sign height and area. They agreed that the Petitioner could have 2 monument signs, however, the Petitioner is only asking for one. Final Plat: The Commissioners were OK with the Final Plat. Action Items Rezone Request Motion for approval by Ms. Horaz and second by Mr. Williams. Mr. Williams read the motion as follows: In consideration of testimony presented during a Public Hearing on August 10, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for a map amendment to rezone the property located at 107 E. Stagecoach Trail from M-1 Limited Manufacturing District to B-3 General Business District. Roll call: Horaz-yes, Hyett-yes, Olson-yes, Williams-yes. Carried 4-0. Special Use Motion for approval by Mr. Williams, second by Ms. Horaz. Mr. Williams read the motion as follows: In consideration of testimony presented during a Public Hearing on August 10, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for Special Use authorization for a fuel/gasoline service station with a convenience store to be located at 107 E. Stagecoach Trail subject to engineering review comments provided by the City's consultant, EEI, Inc., in a letter dated July 14, 2022. Roll call: Hyett-yes, Olson-yes, Williams-yes, Horaz-yes. Carried 4-0. Sign Variance Motion for approval by Ms. Horaz and second by Mr. Williams. Motion read by Mr. Williams as follows: In consideration of testimony presented during a Public Hearing on August 10, 2022 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 of the United City of Yorkville Zoning Ordinance to permit a free standing monument sign in a business district that is 168 square feet in sign area and 25 feet in height, as depicted in a sign plan prepared by Image FX Corp. and dated 5-31-22. Roll call: Horaz-no, Hyett-no, Olson-no, Williams-no. Motion failed 0-4. Ms. Noble asked if the Commissioners had a recommendation for the maximum height. Mr. Williams suggested that the size could match competitors such as the Shell station across the street, while Mr. Olson suggested a height within the code. Final Plat Motion for approval by Ms. Horaz and second by Mr. Williams who read the motion as follows: The Planning and Zoning Commission recommends approval to the City Council of a request for Final Plat of Subdivision of the Graham C Subdivision in Yorkville prepared by HR Green and dated last revised July 1, 2022. Roll call: Hyett-yes, Olson-yes, Williams-yes, Horaz-yes. Carried 4-0. Page 4 of 6 2. PZC 2022-14 John McFarland, on behalf of CalAtlantic Group, LLC, Petitioner, is seeking Final Plat approval to subdivide the approximately 6.27-acre vacant parcel into 12 single-family units in Windett Ridge Unit 2. The subject property is generally located east of South Bridge Street (IL Route 47) and south of Stagecoach Trail (IL Route 71) at the eastern edge of Windett Ridge Road. Ms. Noble said the original development was foreclosed and sold after the economic downturn. CalAtlantic now wishes to finish the subdivision and is dividing the property into 12 single- family units which is a reduction from an earlier land plan. The reason for the reduction is to accommodate a 55,000 sq. ft. stormwater management easement and a required sanitary sewer lift station. She said the lift station structure is required to match the look of the residential. The Final Plat has been reviewed, comments have been met and staff recommends approval. Action Item Final Plat A motion to approve the Final Plat was made and seconded by Commissioners Williams and Horaz, respectively. The motion was read by Mr. Williams as follows: In consideration of the proposed Final Plat of Subdivision for Windett Ridge Unit 2, the Planning and Zoning Commission recommends approval of the plat to the City Council as prepared by Mackie Consultants, LLC date last revised June 16, 2022. Roll call: Olson-yes, Williams-yes, Horaz-yes, Hyett-yes. Carried 4-0. 3. PZC 2022-16 John McFarland, on behalf of CalAtlantic Group, LLC, Petitioner, is seeking Final Plat approval to subdivide two (2) undeveloped parcels totaling approximately 22.77 into 62 lots consisting of 61 single-family units and and 37,809-square foot open space lot in Caledonia - Phase 3. The proposed Final Plat would complete the buildout of the overall master planned subdivision of 206 single family detached residential lots. The property is generally located south of Corneils Road and west of Bridge Street. Ms. Noble said Caledonia has gone through several owners and this is now the final phase. This portion has 2 undeveloped parcels to be divided into 62 lots/61 homesites and an open space. This will complete the development. She said a Plan Council meeting had been held earlier, all comments have been addressed and staff recommends approval. Action Item Final Plat Mr. Hyett moved and Mr. Williams seconded a motion for approval. Mr. Williams read the motion as follows: In consideration of the proposed Final Plat of Caledonia Subdivision-Phase 3, the Planning and Zoning Commission recommends approval of the plat to the City Council as prepared by Spaceco, Inc., dated last revised 6-13-2022. Roll call: Olson-yes, Williams-yes, Horaz-yes, Hyett-yes. Carried 4-0. 4. PZC 2022-17 Yorkville Storage (see #2 under Public Hearings, for full description Mr. Engberg gave the background of this petition and why the requests are being made. He said the lot where the storage buildings are situated, was annexed in the 70's and built in the 90's. The previous owner asked to erect the mobile, temporary storage units and they were issued a permit in 2021 to erect 38 storage units in the buildable area. The flag-shape of the lot made the area unique. The units were being placed in the fall and it was found they were placed incorrectly and the city was notified. A plan was made for correction and in January 2022 excess units were removed. Three conditions to their building permit were issued: 1) units allowed for 6 months, 2) maintain 2 off-street parking spaces and 3) after 6 months must remove units or apply for a variance. July 31, 2022 was the 6-month deadline. The Petitioner has now asked for relief from Page 5 of 6 2 variances: 1) permanent accessory structures cannot be closer to the public way than the primary structure, 2) wish to expand legally non-conforming use. Chairman Olson said he did not favor temporary permits and that these units are temporary structures operating as permanent structures. He said a permanent variance should not be given for a temporary structure since the code requirements are different regarding public safety. Ms. Noble said the units did meet the building code standards. Mr. Engberg noted that if the 2 variances are granted, the storage facility can expand later. He said the Comp Plan calls for higher design and buffering for this use and if the PZC approves, staff will ask for buffering with landscaping and fencing. A plan sent this week by the Petitioner would provide for buffering all around and an 8-foot privacy fence along the east property line. Chairman Olson said he did not think the fencing was necessary and Ms. Horaz said she would prefer landscaping rather than fencing. Chairman Olson read the standards for both variances. It was noted that the units could be moved around or removed. Commissioner Williams expressed concern that the staff had not yet been able to review the landscape plan since it was just received this week. Action Item Variance It was moved and seconded by Commissioners Williams and Horaz, respectively, to approve PZC 2022-17 Yorkville Self Storage. The motion was read by Mr. Williams as follows: In consideration of testimony presented during a Public Hearing on August 10, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to permit accessory structures closer to the public right-of-way than the principal building and to permit the expansion of a non-conforming use for the property located at 1602 N. Bridge Street, subject to staff recommendations in a staff memo dated August 3, 2022. Those staff recommendations are: the placement of the accessory structures must be consistent with the current layout of units as illustrated in the submitted site plan dated 6-30-2022. An 8-foot privacy fence must be installed along the rear property line to buffer the land use from adjacent properties. A landscape plan must be submitted and approved which is consistent with the conditions of the landscape ordinance regulations for perimeter parking lot landscaping per Section 8-12-2-C-2-b. When a parking lot is adjacent to a public right-of-way, a landscape buffer yard shall be provided and shall be the width of the required parking lot setback or thirty feet (30'), whichever is less. The buffer yard shall consist of one (1) shade tree, one (1) evergreen tree and thirty-three (33) shrubs per one hundred (100) linear feet of buffer yard. Roll call: Williams-yes, Horaz-no, Hyett-no, Olson-yes. Ayes-2, Nays-2. Ms. Noble will forward the decision to City Council. Additional Business None City Council Updates 1. PZC 2022-12 Bristol Bay: Ms. Noble said the Bristol Bay Units 10 and 12 Final Plats were approved by the City Council on July 26. Citizen Comments (out of sequence) Mr. Todd Milliron said he attended the June PZC meeting where there was discussion regarding the possible change of the county land use plan on S. Eldamain to include business/industrial uses. He said the Silver Springs conservation officers oppose that possible change. He wished to inform this body so if this matter comes back for a recommendation, that the officers be invited to provide input. He said the county did not ask for their input. He believes their Page 6 of 6 information is important since there are county and state parks nearby and he is concerned about the possible impact. Adjournment There was no further business and the meeting was adjourned at 8:09pm on a motion by Mr. Williams and second by Ms. Horaz. Unanimous voice vote. Respectfully submitted by, Marlys Young, Minute Taker/in-person attendance 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 Hearings - August 10, 2022 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 800 Game Farm Road Yorkville, Illinois Wednesday, August 10, 2022 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 Hearings - August 10, 2022 2 PRESENT: (In-person and via Zoom) Mr. Jeff Olson, Chairman, Ms. Deborah Horaz, Mr. Danny Williams, Mr. Rusty Hyett. ALSO PRESENT: (In-person and via Zoom) 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 Hearings - August 10, 2022 3 (WHEREUPON, the following proceedings were in had public hearing:) CHAIRMAN OLSON: We will move on to the next agenda item, which is the public hearing. There are two public hearings scheduled for tonight's Planning and Zoning Commission meeting. The purpose of this hearing tonight is to invite testimony from members of the public regarding the proposed request that is being considered before this Commission tonight. Public testimony may be from persons present who wish to speak for or against the request or to ask questions of the petitioner regarding the proposed request being heard. Those persons wishing to testify are asked to speak clearly, one at a time, and state your name, who you represent, if anybody at all. You are also asked to sign in at the podium if you are going to speak tonight. If you plan to speak during tonight's public hearing as a petitioner or as a member of the public, now please stand, raise your right hand and repeat after me. 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 Hearings - August 10, 2022 4 (Witnesses thereupon duly sworn.) CHAIRMAN OLSON: All right. So the way we do this is we have an order that we follow. The petitioner will do their presentation and then we will have those who wish to speak in favor of the request, followed by those who wish to speak in opposition to the request. I run a tight ship; if we're going to have multiple people that are saying the same thing, I ask you to please kindly stay seated. One viewpoint, somebody says something close, that's good enough, we'll move on. To start, may I have a motion, please, then to open the public hearing on petition number PZC 2022-08, special use permit authorization rezoning approval and sign variance, and also PZC 2022-17, temporary storage container variance request. MR. WILLIAMS: So moved. MR. HYETT: Second. CHAIRMAN OLSON: Roll call vote on the motion, please. MS. YOUNG: Yes. Williams. MR. WILLIAMS: Yes. 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 Hearings - August 10, 2022 5 MS. YOUNG: Horaz. MS. HORAZ: Yes. MS. YOUNG: Hyett. MR. HYETT: Yes. MS. YOUNG: And Olson. CHAIRMAN OLSON: Yes. All right. The public hearings up for discussion tonight are PZC 2022-0 8 , Thomas Williamson, on behalf of Graham C Stores Company, Petitioner, is seeking a special use permit authorization, rezoning approval and a variance to the sign regulations to develop a gasoline service station with accessory convenient store. The real property is located on five and a half acres and is located at the northeast corner of 4 7 and 7 1 intersection. The second item we have up or public hearing tonight is David Courtright, attorney, on behalf of -- boy, a bunch of Roman numeral looking things here, CIG TSP, LLC; GIG TSP AP, LLC; CIG TSP CFP, LLC; CIG TSP K &SM II, LLC, Petitioners , is seeking variance approval to permit permanent accessory structures closer to the public way than the principal building on 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 Hearings - August 10, 2022 6 lot and to permit expansion of a non-conforming use. The real property is located at 1602 North Bridge Street, on the east side of Bridge Street, and north of the Route 34, which is also then south of Dunkin Donuts. The petitioner is seeking to keep their temporary storage containers currently located on the property as permitted through a temporary building permit. All right. So for PZC 2022-08, the BP gas station, is the petitioner present and ready to present? MR. WILLIAMSON: Yes, we are. CHAIRMAN OLSON: Come on up. MR. WILLIAMSON: Over here? CHAIRMAN OLSON: Yep, if you wouldn't mind. When you get up there if you could state your name, who you are, et cetera, et cetera. MR. WILLIAMSON: Okay. THOMAS WILLIAMSON, having been first duly sworn, testified before the Commission as follows: MR. WILLIAMSON: My name is Thomas 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 Hearings - August 10, 2022 7 Williamson. I am the G M for Graham C Stores Company, and thank you for the time tonight, for the speech, and, committee members, a little bit about Graham C Stores, we are a third generation family-owned company. We own and operate 26 gas stations and convenient stores in the surrounding collar counties around Chicago. We are blessed enough to be in the village now, we have one on Bridge Street and 47 and we have been there since 2013, took it over from a prior owner, and we have enjoyed being in the city, and as we kind of plot out our areas and stuff, the other corner kind of fits our requirements of what we like to look for and has got the flow and stuff, so we're going up to 47 and Stagecoach Road, so we kind of have put together a little packet, and we appreciate you guys giving us the time to present. David put together a lot of stuff for us, so, again, it's basically our -- kind of our background a little bit, and we are looking forward to possibly continuing to grow with you guys. CHAIRMAN OLSON: Thank you. 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 Hearings - August 10, 2022 8 MR. WILLIAMSON: Any questions for me? CHAIRMAN OLSON: Not yet I don't think. Thank you. MR. WILLIAMSON: Okay. CHAIRMAN OLSON: I don't want to speak for you, Deb and Rusty, do you have any questions so far? We will probably ask questions during the later period. MR. HYETT: No. MS. HORAZ: No. CHAIRMAN OLSON: Thank you. So there are standards for us to grant these different variances, et cetera, et cetera. Typically we ask you as the property owner if you want them entered into the record. We suggest that you do. MR. WILLIAMSON: Yes. CHAIRMAN OLSON: Thank you. MR. WILLIAMSON: Thank you. CHAIRMAN OLSON: All right. Did anyone else want to speak about this from the Brand team, are we -- (No response.) CHAIRMAN OLSON: Okay. All right. Then is there anyone who wishes to speak in favor of 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 Hearings - August 10, 2022 9 these requests? And there is multiple requests; there is -- I 'll fill in some blanks. We're doing a -- there are four things we're going to do for this, there is the rezoning, right now is tipped -- it is at M -1 , it was that -- I think it was F S or the natural gas company for forever, changing it from M -1 to a B -3 , so that's the first thing we'll vote on. The second one is the special use, which, let's see here, yeah, which Krysti just whispered in my ear is required for a fuel-owned gas service station. The third is the sign variance, which we will talk about later, and the fourth is -- no, that' is -- the final plat for it? MS. NOBLE: That does not require a public hearing. CHAIRMAN OLSON: Okay. So that will be outside the public hearing portion. Okay. Is there anyone who wishes to speak in favor of these requests for this BP site? (No response.) CHAIRMAN OLSON: Is there anyone who wishes to speak in opposition of these requests 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 Hearings - August 10, 2022 10 for the BP site? (No response.) CHAIRMAN OLSON: Okay. Seeing as there are none, do we have any questions right now from commissioners for petitioner? I 'm going to guess no. (No response.) CHAIRMAN OLSON: All right. Then we will move on. Do we have the petitioner present for PZC 2022-17, storage unit variance approval? Go ahead, sir, and, again, if you could let us know your name, appreciate it. DAVID COURTRIGHT, having been first duly sworn, testified before the Commission as follows: MR. COURTRIGHT: Good evening. My name is Dave Courtright on behalf of the list of letters you had said. We're going to say the owners of the real property located at 160 2 North Bridge Street. CHAIRMAN OLSON: Very good. MR. COURTRIGHT: We are seeking a variance, subject variance for a few reasons. Okay, first of all, I think it's notable we're 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 Hearings - August 10, 2022 11 dealing with a unique lot here, okay? We have three existing principal primary buildings on that lot on the east side. That would render the property as legally non-conforming uses because remember this business has gone back a long time pre-existing the ordinance, so if we were to not be granted a variance, we would essentially not be able to use accessory structures anything closer to Illinois Route 47 that constitutes the entire remainder of the lot, okay? And, again, this lot is oriented to the north. We don't have any access on and off. Typical when the ordinance was contemplated, flagship blocks were discouraged. The ordinance is intended to harbor rectangular lots with frontage access on and off of Illinois Route 47. That's not the case with us. We don't have any access on and off the street. We share the easement, access easement, with all in order to get into our parcel from the north, so everything is really oriented to the north, which obviously it makes this parcel a little bit different than the average for the standard. 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 Hearings - August 10, 2022 12 Secondly, we operated a self storage business, okay? This business has incurred changes over the last ten, 20 years, and we are a self storage business, we have been able to operate viably with the number of units that we've had in the past. That's not the case today. The industry has changed, and as you can see by comparing us to the other self storage businesses in the area, we have the smallest parcel in addition to the smallest number of units. We're trying to adapt. We're trying to change with the industry. We're trying to stay viable, to continue as a business, and if we can't grow, we die. We die, right? I mean, ultimately I suppose that would result in a vacant lot for some period of time as opposed to what we are proposing. We understand the staff recommendation; if the variance were to be granted, it would be done so on the condition that my client erect a fence and landscaping to beautify that stretch. Look, we all know that the objective 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 Hearings - August 10, 2022 13 of the ordinance, the objective that we're trying to do, is have sightly frontage on Illinois Route 47. We are a pre-existing legal non-conforming use. We are oriented to the north. We are a little bit out of sorts to apply that ordinance to; however, what we are proposing -- and everybody should have a handout in front of them with a landscaping plan and a fence plan. I apologize, that was not included in the packet because we submitted it just this week, not early enough to be; however, that's $60,000 in beautification work to this lot, specifically the frontage on Illinois Route 47. We want to be a good business. We want -- we want to continue serving a need. We are rented out. We have all of our units occupied right now, and we want to continue to serve that need. We want to improve the property on Illinois Route 47. We have a fence plan and a landscaping plan in which we can substitute on certain sides of fence or landscaping based on what may be more attractive and preferential to the city, but, again, at the end of the day we're 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 Hearings - August 10, 2022 14 are asking for a way to move forward. We're asking for the City's understanding given the nature of this property, the flagship, the orientation north, the ability to make this a beautiful spot and continue to do our business, which there is a need for in the city, and with that, I 'll pass. CHAIRMAN OLSON: Thank you. MR. COURTRIGHT: Thank you. CHAIRMAN OLSON: All right. Any questions, Deb, Rusty, right now, Danny? MS. HORAZ: I don't have any at this time. CHAIRMAN OLSON: Okay, thank you. Is there anyone from the public here that wants to speak in favor of the request? (No response.) CHAIRMAN OLSON: Is there anyone who wants to speak in opposition to the request? (No response.) CHAIRMAN OLSON: Seeing as there are none, we will move on. Also, do you want your responses to those questions added into the record? We suggest that you do. 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 Hearings - August 10, 2022 15 MR. COURTRIGHT: Yes. CHAIRMAN OLSON: Thank you. All right. Since all public testimony regarding these petitions has been taken, may I please have a motion to close the taking of testimony in this public hearing? MR. WILLIAMS: So moved. MR. HYETT: Second. CHAIRMAN OLSON: Roll call vote on the motion, please. MS. YOUNG: Yes. Williams. MR. WILLIAMS: Yes. MS. YOUNG: Horaz. MS. HORAZ: Yes. MS. YOUNG: Hyett. MR. HYETT: Yes. MS. YOUNG: Olson. CHAIRMAN OLSON: Yes. MS. YOUNG: Thank you. CHAIRMAN OLSON: All right. Public hearing portion of the meeting is closed. (Which were all the proceedings had in the public hearing portion of the meeting.) 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 Hearings - August 10, 2022 16 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 16 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 28th day of August, A.D., 2022. Christine M. 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4:21, 9:8, 15:9 W wants [2] - 14:15, 14:19 Wednesday [1] - 1:21 week [1] - 13:11 WHEREUPON [1] - 3:1 whispered [1] - 9:11 Williams [3] - 2:4, 4:23, 15:11 WILLIAMS [4] - 4:19, 4:24, 15:7, 15:12 WILLIAMSON [9] - 6:14, 6:16, 6:20, 6:21, 6:24, 8:1, 8:4, 8:16, 8:18 Williamson [2] - 5:9, 7:1 wish [3] - 3:13, 4:5, 4:6 wishes [3] - 8:24, 9:20, 9:24 wishing [1] - 3:16 witnesses [1] - 4:1 Y years [1] - 12:3 YORKVILLE [2] - 1:6, 1:7 Yorkville [1] - 1:18 YOUNG [9] - 4:23, 5:1, 5:3, 5:5, 15:11, 15:13, 15:15, 15:17, 15:19 Young [1] - 2:11 Z Zoning [1] - 3:7 ZONING [1] - 1:10 Zoom [2] - 2:1, 2:7 SUMMARY: The petitioner, Jordan Gash, on behalf of Restore Church, Inc., is seeking rezoning approval of three (3) parcels totaling approximately 33 acres located within the Windmill Farms development. The previously approved Windmill Farms Annexation and Planned Unit Development Agreement permitted certain land uses consistent with those found in the R-4 General Multi-Family Residence District and B-3 General Business zoning districts. The petitioner has utilized the existing one-story commercial structure on one of the parcels as a religious institute. The requested new zoning of B-3 General Business District would be consistent with the recently rezoned parcels to the west and remove the remnant Planned Unit Development zoning established as part of the Windmill Farms agreement. Below is a map of the subject property parcels and the overall boundary of the Windmill Farms PUD. Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Jason Engberg, Senior Planner Date: September 12, 2022 Subject: PZC 2022-19 Restore Church – Windmill Farms PUBLIC HEARING: Religious Institution Land Use Expansion PROPERTY BACKGROUND: As stated, the subject property was zoned within the Planned Unit Development (PUD) District with B-3 General Business District and R-4 General Multi-Family Residence District land uses, as part of the Windmill Farms’ annexation approved in 2008 per Ordinance 2008-40. Per Exhibit “E” of Ord. 2008- 40, the approximately 91-acre site, of which the subject parcels are included, was to be developed with a mix of residential and commercial land uses. The annexation and concept site plan were the only approvals granted for the Windmill Farms development. The subject property consists of the following three (3) parcels: Per the City Attorney, since the Windmill Farms Planned Unit Development was never formalized by final plat of subdivision, and with the passage of time, the approved concept plan for the development is no longer valid. Therefore, concurrent with this rezoning request, a separate Annexation and PUD agreement amendment has been requested that will invalidate the former PUD zoning classification and removes the provisions of the concept plan from the subject property. This process is identical to the 2019 rezoning approval for the Hively Landscaping parcels and the Bricolage Wellness parcel, both also part of the Windmill Farms PUD. PARCEL AREA LAND USE 05-03-300-029 27.5 acres Parking/Stormwater management/Undeveloped 05-03-300-031 0.5 acres Existing church structure 05-03-300-033 5.4 acres Undeveloped parcel TOTAL AREA 33.4 acres SITE ANALYSIS: The following map illustrates the current zoning and land uses of the entire 91-acre Windmill Farms PUD, including the subject property parcels: Zoning The proposed land use is considered a “large religious institution” as defined in the Zoning Ordinance having 400 or more seats or larger than 8,000 square feet of total gross floor area and is outright permitted within the requested B-3 General Business District zoning. The B-3 zoning is also consistent with the underling zoning of the subject property established by the PUD, as the existing structure was formerly used as a commercial office prior to being purchased by Restore Church, Inc. in 2017. Further, the requested zoning is in keeping with the trend of development within the area immediately surrounding the subject property since seventy-five percent (75%) of the properties are zoned B-3. The most recent occurred earlier this year with the Bricolage Wellness rezoning for the parcel to the west on Wing Road for a professional office use and, in 2019, when Hively Landscaping petitioned to have the parcel directly north of that property rezoned from PUD to the B-3 General Business District for a commercial landscaping and greenhouse business. Comprehensive Plan (Future Land Use) The subject property’s future land use is classified as “Estate/Conservation Residential (ERC)” which is intended to provide flexibility for residential design in areas that can accommodate low-density detached single-family housing but also include sensitive environmental and scenic features that should be retained and enhanced. This land use category was implemented as a “holding” classification for those areas, particularly on the outskirts or along the perimeter of the City’s corporate boundaries, that had an entitlement plan approved but lacked the public infrastructure to support the development of the land within the 10-year timeline of the 2016 Comprehensive Plan Update. As conditions change, reevaluation of this guiding document is necessary and anticipated. Therefore, if the rezoning request is approved, an amendment to the Comprehensive Plan Future Land Use map will be required. This will provide a documentation of the change in the City’s approval of the development conditions related to this property and align the proposed B-3 zoned parcel with a future land use designation suitable for the professional services office land use, such as “Destination Commercial (DC)”. The “Destination Commercial” future land use, as defined in the 2016 Comprehensive Plan Update, is intended to accommodate mainly single-story in height and require deep setbacks and large parking areas, such as large religious institutions. Proposed Religious Institutional Use Restore Church is a religious facility which provides in-person and media based (social media, video and radio) ministry from their current building located at 8710 Route 71 in Yorkville. In 2018, Restore Church renovated the existing approximately 6,800 square foot commercial storage structure for the current church building for religious services and ancillary uses. At that time, there was an expansion of surface parking, construction of a stormwater detention basin and site landscaping provided. As parishioners to the church increased over the past few years, Restore Church has recently submitted plans for an approximately 10,000 square foot building expansion. The petitioner has stated they may seek future uses consistent with the B-3 General Business Zoning District classification on the remaining undeveloped area of the subject parcels. Those future uses may or may not require City Council review such as special uses, variances or final plat of subdivision approval. Utilities There are no nearby public utilities (water, sewer) in this area. The petitioner has been utilizing an existing well and septic field for the on-site needs of the existing church. Per City Code, however, once utilities are available within 250’ of the subject property, they are required to connect to city water and sewer. Vehicular Access/Parking The three (3) parcels are easily accessible via a right-in and right-out access point off of the newly widened and reconstructed IL Route 71 (Stagecoach Trail) and full access off of Wing Road. Access is also available to IL Route 126 9Schoolhouse Road) via Wing Road. Traffic layout seems to allow the flow of vehicles from the west on IL 71 to turn southbound on Wing Road and then westward to an internal private drive lane servicing the church. Vehicles traveling east on IL 71 can turn south onto the private drive lane into the church’s property. Adequate parking is provided on the subject parcels for the existing religious land use and planned 10,000 square foot church expansion. Furthermore, area for parking lot expansion is also available for future land uses. FINDINGS OF FACT FOR REZONING: Section 10-4-10-B of the City’s Zoning Ordinance establishes criteria for findings of fact related to rezoning (map amendment) requests. When the purpose and affect is to change the zoning of a property and amend the City’s Zoning Map, the Planning and Zoning Commission shall consider each of the following facts before rendering a decision on the request: 1. The existing uses and zoning of nearby property. 2. The extent to which the property values are diminished by the particular zoning restrictions. 3. The extent to which the destruction of the property values of plaintiff promotes the health, safety, morals or general welfare of the public. 4. The relative gain to the public as compared to the hardship imposed upon the individual property owner. 5. The suitability of the subject property for the zoned purpose. 6. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 7. The community need for the proposed use. 8. The care to which the community has undertaken to plan its land use development. The petitioner has provided written responses to these findings as part of their application (see attached) and requests inclusion of those responses into the public record at the October 12, 2022 Planning and Zoning Commission meeting. STAFF COMMENTS: Staff is supportive of the proposed rezoning; even though, if approved, would require an amendment to the Comprehensive Plan Update. Our recommendation is in consideration of the length of time the area has remained undeveloped under the current concept plan and zoning. This is in addition to the existing annexation agreement not correctly approving a special use authorizing a PUD for the Windmill Farm development and the recent rezoning of the adjacent parcel for the same requested B-3 zoning. PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on October 12, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for a map amendment to rezone the following parcels: 05-03-300-029; 05-03-300-031; and 05- 03-300-033 from Planned Unit Development (PUD) to B-3 General Business District and further subject to {insert any additional conditions of the Planning and Zoning Commission} … ATTACHMENTS: 1. Petitioner Rezoning Application 2. Ordinance 2008-40 - Windmill Farms Annexation and PUD Agreement 3. 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