Planning and Zoning Commission Packet 2022 12-14-22
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, December 14, 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: October 12, 2022
November 9, 2022
Citizen’s Comments
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Public Hearings
Unfinished Business
New Business
1. PZC 2022-22 Tom Bowman, petitioner, has filed an application with the United City of Yorkville,
Kendall County, Illinois, requesting final plat approval to subdivide the approximately 2-acre vacant
parcel into 2 single-family lots. The property is generally located at the southwest corner of E Van
Emmon Street and Timber Oak Lane (formerly Benjamin Street).
Additional Business
1. 2023 Planning and Zoning Commission Meeting Schedule
Adjournment
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
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815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - October 12, 2022
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UNITED CITY OF YORKVILLE
YORKVILLE, ILLINOIS
PLANNING AND ZONING COMMISSION
PUBLIC HEARING
800 Game Farm Road
Yorkville, Illinois
Wednesday, October 12, 2022
7:00 p.m.
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PZC - Public Hearing - October 12, 2022
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PRESENT: (In-person and via Zoom)
Mr. Jeff Olson, Chairman,
Mr. Richard Vinyard,
Mr. Danny Williams,
Mr. Greg Millen.
ALSO PRESENT: (In-person and via Zoom)
Ms. Krysti Barksdale-Noble, Community
Development Director;
Mr. Jason Engberg, Senior Planner;
Ms. Marlys Young, Minute Taker.
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PZC - Public Hearing - October 12, 2022
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(WHEREUPON, the following
proceedings were in had public
hearing:)
CHAIRMAN OLSON: There is one public
hearing scheduled for tonight's 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 who wish to speak may be for or may be
against the request or to ask questions of the
petitioner regarding the request being heard.
Those persons wishing to testify
tonight are asked to speak clearly, one at a
time, state your name and who you represent. You
are also asked to sign up at the podium. There
should be a sign-in sheet there.
If you plan to speak at tonight's
meeting right now, would you please stand up,
raise your hand and repeat after me?
(Witness thereupon duly sworn.)
CHAIRMAN OLSON: You may be seated.
The way this goes is the petitioner is going to
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PZC - Public Hearing - October 12, 2022
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do a presentation, we will have anyone who wishes
to speak in favor of the request speak, we will
have anyone who wishes to speak in opposition of
the request, and then we will wrap up the public
hearing portion and move on to discussion.
So may I please have a motion to
open the discussion on PZC 2022-19, zoning
request?
MR. VINYARD: So moved.
MR. WILLIAMS: Second.
CHAIRMAN OLSON: Roll call vote on the
motion, please.
MS. YOUNG: Vinyard.
MR. VINYARD: Yes.
MS. YOUNG: Williams.
MR. WILLIAMS: Yes.
MS. YOUNG: Millen.
MR. MILLEN: Yes.
MS. YOUNG: And Olson.
CHAIRMAN OLSON: Yes.
All right. PZC 2022-19, Jordan
Gash, on behalf of Restore Church, Incorporated,
petitioner, has filed an application with the
United City of Yorkville, Kendall County,
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PZC - Public Hearing - October 12, 2022
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Illinois, requesting rezoning classification of
three 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 zoning
designation to the B-3 General Business District
to continue to operate the existing religious
institution land use and accommodate future
commercial development.
Do you wish to make a presentation
on your own behalf? You can if you want, but you
don't have to.
MR. GASH: Yeah, I think it is pretty
well spelled out.
CHAIRMAN OLSON: Okay. Then, Krysti,
would you like to please present on PZC 2022-19?
MS. NOBLE: Sure. As the notice stated,
the three parcels are approximately 33 to
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PZC - Public Hearing - October 12, 2022
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34 acres in an area in the Windmill Farms
development, which is a defunct development that
did not happen, and we've been here before with
other parcels wanting to come in, remove
themselves from the applications of that land
plan.
This particular property owner has
three of those parcels on the south side of 71.
They have a religious land use in place. There
was an existing structure there that they
utilized for a church. Over time they did a
detention area and parking area.
They are looking now to expand the
church to about 10,000 square feet additional
and additional parking as well. With those
physical changes to the site, rather than just
rehab an existing building, it triggered the need
to amend the annexation agreement and rezone the
property.
So the underlying zoning of the
property currently is a B-3 and R-2 -- or R-4,
I'm sorry, underlying zoning, and so they are
requesting to go strictly B-3, which would allow
a religious land institution as well as any
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Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - October 12, 2022
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future commercial or office use that they want to
pursue.
If you do move forward with this
rezoning, it would require us to amend our
Comprehensive Plan because the Comprehensive Plan
had a holding classification of estate
conservation residential, and we did that
similarly to the Bricolage property a few months
ago.
In your packet you can see some of
the site plan changes that they are proposing for
the site. There is no nearby utility, public
utilities, available, such as water, sewer to the
area. The petitioner has been utilizing the
existing well and septic system for the on-site
needs of the church, and propose once utilities
are available about 250 feet from the subject
property, they will be required to connect.
Vehicle access and parking is adequate to the
site.
The findings and facts are in your
packet, which the petitioner has provided written
responses. Would you like those entered into the
record? Which are now entered into the record.
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815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - October 12, 2022
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And Staff is supportive of the proposed rezoning.
CHAIRMAN OLSON: Okay. Is there anyone
who wishes to speak in favor of the request?
(No response.)
CHAIRMAN OLSON: Is there anyone who
wishes to speak in opposition of the request?
(No response.)
CHAIRMAN OLSON: All right. Seeing as
there are none, do you have any questions for
Krysti right now?
(No response.)
CHAIRMAN OLSON: Okay. Since all public
testimony regarding these petitions have been --
petition has been taken, may I have a motion
please to close the taking of public testimony
and this public hearing?
MR. VINYARD: So moved.
MR. WILLIAMS: Second.
CHAIRMAN OLSON: Roll call vote on the
motion, please.
MS. YOUNG: Yes. Williams.
MR. WILLIAMS: Yes.
MS. YOUNG: Millen.
MR. MILLEN: Yes.
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815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - October 12, 2022
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MS. YOUNG: Olson.
CHAIRMAN OLSON: Yes.
MS. YOUNG: And Vinyard.
MR. VINYARD: Yes.
CHAIRMAN OLSON: Public hearing portion
of tonight's meeting is closed.
(Which were all the proceedings
had in the public hearing portion
of the meeting.)
---o0o---
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PZC -Public Hearing -October 12,2022
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STATE OF ILLINOIS )
) SS.
COUNTY OF LASALLE )
I, Christine M. Vitosh, a Certified Shorthand
Reporter, do hereby certify that I transcribed
the proceedings had at the pubic hearing and that
the foregoing, Pages 1 through 10 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 7th day of November, A.D., 2022.
Christine M. Vitosh, CSR
Illinois CSR No. 084-002883
0
084-002883 [1] - 10:20
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1 [1] - 10:6
10 [1] - 10:6
10,000 [1] - 6:14
12 [1] - 1:21
126 [1] - 5:6
2
2022 [2] - 1:21, 10:17
2022-19 [3] - 4:7, 4:21,
5:22
250 [1] - 7:17
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33 [1] - 5:24
34 [2] - 5:2, 6:1
7
71 [4] - 5:3, 5:5, 5:7,
6:8
7:00 [1] - 1:22
7th [1] - 10:17
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800 [1] - 1:17
8710 [1] - 5:3
A
A.D [1] - 10:17
access [1] - 7:19
accommodate [1] -
5:14
accuracy [1] - 10:14
acres [2] - 5:2, 6:1
additional [2] - 6:14,
6:15
adequate [1] - 7:19
aforesaid [1] - 10:9
ago [1] - 7:9
agreement [2] - 5:9,
6:18
allow [1] - 6:23
ALSO [1] - 2:7
amend [2] - 6:18, 7:4
AND [1] - 1:10
annexation [2] - 5:8,
6:18
annexed [1] - 10:10
application [1] - 4:23
applications [1] - 6:5
applies [1] - 10:11
approved [1] - 5:8
area [4] - 6:1, 6:12,
7:14
assume [1] - 10:13
available [2] - 7:13,
7:17
B
B-3 [3] - 5:12, 6:21,
6:23
Barksdale [1] - 2:8
Barksdale-Noble [1] -
2:8
behalf [2] - 4:22, 5:17
Bricolage [1] - 7:8
building [1] - 6:17
Business [1] - 5:12
C
certificate [1] - 10:10
certification [1] -
10:16
Certified [1] - 10:3
certified [1] - 10:12
certify [2] - 10:4,
10:10
Chairman [1] - 2:2
CHAIRMAN [12] - 3:4,
3:23, 4:11, 4:20,
5:21, 8:2, 8:5, 8:8,
8:12, 8:19, 9:2, 9:5
changes [2] - 6:16,
7:11
Christine [2] - 10:3,
10:20
Church [1] - 4:22
church [3] - 6:11,
6:14, 7:16
CITY [1] - 1:6
City [1] - 4:24
classification [2] -
5:1, 7:6
clearly [1] - 3:15
close [1] - 8:15
closed [1] - 9:6
commercial [2] - 5:15,
7:1
Commission [1] - 3:9
COMMISSION [1] -
1:10
Community [1] - 2:8
complete [1] - 10:7
Comprehensive [2] -
7:5
computer [1] - 10:7
computer-generated
[1] - 10:7
connect [1] - 7:18
conservation [1] - 7:7
considered [1] - 3:8
continue [1] - 5:13
control [1] - 10:15
copies [2] - 10:12,
10:14
corner [1] - 5:6
correct [1] - 10:7
County [1] - 4:24
COUNTY [1] - 10:2
CSR [2] - 10:20, 10:20
D
Danny [1] - 2:4
defunct [1] - 6:2
designation [1] - 5:12
detention [1] - 6:12
Development [2] -
2:9, 5:11
development [3] -
5:15, 6:2
direction [1] - 10:15
Director [1] - 2:9
discussion [2] - 4:5,
4:7
District [1] - 5:12
duly [1] - 3:22
E
east [1] - 5:4
Engberg [1] - 2:10
entered [2] - 7:23,
7:24
estate [1] - 7:6
existing [4] - 5:13,
6:10, 6:17, 7:15
expand [1] - 6:13
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facts [1] - 7:21
Farm [1] - 1:17
Farms [2] - 5:8, 6:1
favor [2] - 4:2, 8:3
feet [2] - 6:14, 7:17
few [1] - 7:8
filed [1] - 4:23
findings [1] - 7:21
following [1] - 3:1
foregoing [1] - 10:6
forward [1] - 7:3
future [2] - 5:14, 7:1
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Game [1] - 1:17
GASH [1] - 5:19
Gash [1] - 4:22
General [1] - 5:12
generated [1] - 10:7
Greg [1] - 2:5
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hand [3] - 3:21, 10:13,
10:17
heard [1] - 3:13
HEARING [1] - 1:11
hearing [8] - 3:3, 3:5,
3:6, 4:5, 8:16, 9:5,
9:8, 10:5
hereby [1] - 10:4
hereto [1] - 10:11
hereunto [1] - 10:16
holding [1] - 7:6
I
ILLINOIS [2] - 1:7,
10:1
Illinois [7] - 1:18, 5:1,
5:3, 5:5, 5:7, 10:20
in-person [1] - 2:1
In-person [1] - 2:7
inclusive [1] - 10:6
Incorporated [1] -
4:22
institution [2] - 5:14,
6:24
intersection [1] - 5:6
invite [1] - 3:6
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Jason [1] - 2:10
Jeff [1] - 2:2
Jordan [1] - 4:21
K
Kendall [1] - 4:24
Krysti [3] - 2:8, 5:21,
8:10
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - October 12, 2022
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land [4] - 5:14, 6:5,
6:9, 6:24
LASALLE [1] - 10:2
located [1] - 5:3
looking [1] - 6:13
M
Marlys [1] - 2:11
meeting [4] - 3:5,
3:20, 9:6, 9:9
members [1] - 3:7
Millen [3] - 2:5, 4:17,
8:23
MILLEN [2] - 4:18,
8:24
Minute [1] - 2:11
months [1] - 7:8
motion [4] - 4:6, 4:12,
8:14, 8:20
move [2] - 4:5, 7:3
moved [2] - 4:9, 8:17
MR [11] - 4:9, 4:10,
4:14, 4:16, 4:18,
5:19, 8:17, 8:18,
8:22, 8:24, 9:4
MS [9] - 4:13, 4:15,
4:17, 4:19, 5:23,
8:21, 8:23, 9:1, 9:3
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name [1] - 3:16
nearby [1] - 7:12
need [1] - 6:17
needs [1] - 7:16
NOBLE [1] - 5:23
Noble [1] - 2:8
none [1] - 8:9
northeast [1] - 5:6
notice [1] - 5:23
November [1] - 10:17
O
October [1] - 1:21
OF [3] - 1:6, 10:1, 10:2
office [1] - 7:1
Olson [3] - 2:2, 4:19,
9:1
OLSON [12] - 3:4,
3:23, 4:11, 4:20,
5:21, 8:2, 8:5, 8:8,
8:12, 8:19, 9:2, 9:5
on-site [1] - 7:15
once [1] - 7:16
one [2] - 3:4, 3:15
open [1] - 4:7
operate [1] - 5:13
opposition [2] - 4:3,
8:6
original [1] - 10:11
own [1] - 5:17
owner [1] - 6:7
P
p.m [1] - 1:22
packet [2] - 7:10, 7:22
Pages [1] - 10:6
parcels [4] - 5:2, 5:24,
6:4, 6:8
parking [3] - 6:12,
6:15, 7:19
part [1] - 5:7
particular [1] - 6:7
person [2] - 2:1, 2:7
persons [2] - 3:10,
3:14
petition [1] - 8:14
petitioner [6] - 3:13,
3:24, 4:23, 5:10,
7:14, 7:22
petitions [1] - 8:13
physical [1] - 6:16
place [2] - 6:9, 10:9
plan [3] - 3:19, 6:6,
7:11
Plan [2] - 7:5
Planned [1] - 5:11
Planner [1] - 2:10
PLANNING [1] - 1:10
podium [1] - 3:17
portion [3] - 4:5, 9:5,
9:8
PRESENT [2] - 2:1,
2:7
present [2] - 3:11,
5:22
presentation [2] - 4:1,
5:16
pretty [1] - 5:19
previously [1] - 5:8
proceedings [4] - 3:2,
9:7, 10:5, 10:8
property [6] - 5:4, 6:7,
6:19, 6:21, 7:8, 7:18
propose [1] - 7:16
proposed [2] - 3:7, 8:1
proposing [1] - 7:11
provided [1] - 7:22
pubic [1] - 10:5
PUBLIC [1] - 1:11
public [11] - 3:2, 3:4,
3:7, 3:10, 4:4, 7:12,
8:12, 8:15, 8:16, 9:5,
9:8
purpose [1] - 3:6
pursue [1] - 7:2
PZC [3] - 4:7, 4:21,
5:22
Q
questions [2] - 3:12,
8:9
R
R-2 [1] - 6:21
R-4 [1] - 6:21
raise [1] - 3:21
rather [1] - 6:16
real [1] - 5:4
record [2] - 7:24
regarding [3] - 3:7,
3:13, 8:13
rehab [1] - 6:17
religious [3] - 5:13,
6:9, 6:24
remove [1] - 6:4
repeat [1] - 3:21
Reporter [1] - 10:4
represent [1] - 3:16
reproduced [1] -
10:14
request [8] - 3:8, 3:12,
3:13, 4:2, 4:4, 4:8,
8:3, 8:6
requesting [2] - 5:1,
6:23
require [1] - 7:4
required [1] - 7:18
residential [1] - 7:7
response [3] - 8:4,
8:7, 8:11
responses [1] - 7:23
responsibility [1] -
10:13
Restore [1] - 4:22
rezone [2] - 5:10, 6:18
rezoning [3] - 5:1, 7:4,
8:1
richard [1] - 2:3
Road [2] - 1:17, 5:7
roll [2] - 4:11, 8:19
Route [4] - 5:3, 5:5,
5:7
S
scheduled [1] - 3:5
seated [1] - 3:23
second [2] - 4:10,
8:18
see [1] - 7:10
seeing [1] - 8:8
seeking [1] - 5:10
Senior [1] - 2:10
septic [1] - 7:15
set [1] - 10:16
sewer [1] - 7:13
sheet [1] - 3:18
Shorthand [1] - 10:3
side [1] - 6:8
sign [2] - 3:17, 3:18
sign-in [1] - 3:18
signed [1] - 10:12
similarly [1] - 7:8
site [5] - 6:16, 7:11,
7:12, 7:15, 7:20
situated [1] - 5:4
sorry [1] - 6:22
south [1] - 6:8
spelled [1] - 5:20
square [1] - 6:14
SS [1] - 10:1
Staff [1] - 8:1
stand [1] - 3:20
State [3] - 5:5, 5:7
state [1] - 3:16
STATE [1] - 10:1
strictly [1] - 6:23
structure [1] - 6:10
subject [1] - 7:17
supportive [1] - 8:1
sworn [1] - 3:22
system [1] - 7:15
T
Taker [1] - 2:11
testify [1] - 3:14
testimony [4] - 3:6,
3:10, 8:13, 8:15
themselves [1] - 6:5
thereof [2] - 10:12,
10:16
thereupon [1] - 3:22
three [3] - 5:2, 5:24,
6:8
tonight [2] - 3:9, 3:15
tonight's [3] - 3:5,
3:19, 9:6
totaling [1] - 5:2
transcribed [1] - 10:4
transcript [2] - 10:8,
10:11
triggered [1] - 6:17
true [1] - 10:7
U
under [2] - 10:12,
10:14
underlying [2] - 6:20,
6:22
Unit [1] - 5:11
UNITED [1] - 1:6
United [1] - 4:24
up [3] - 3:17, 3:20, 4:4
utilities [2] - 7:13,
7:16
utility [1] - 7:12
utilized [1] - 6:11
utilizing [1] - 7:14
V
vehicle [1] - 7:19
via [2] - 2:1, 2:7
VINYARD [4] - 4:9,
4:14, 8:17, 9:4
Vinyard [2] - 2:3, 9:3
vinyard [1] - 4:13
Vitosh [2] - 10:3,
10:20
vote [2] - 4:11, 8:19
W
water [1] - 7:13
Wednesday [1] - 1:21
WHEREUPON [1] -
3:1
wILLIAMS [1] - 8:18
Williams [3] - 2:4,
4:15, 8:21
WILLIAMS [3] - 4:10,
4:16, 8:22
Windmill [2] - 5:8, 6:1
Wing [1] - 5:6
wish [2] - 3:11, 5:16
wishes [4] - 4:1, 4:3,
8:3, 8:6
wishing [1] - 3:14
Witness [1] - 3:22
wrap [1] - 4:4
written [1] - 7:22
Y
YORKVILLE [2] - 1:6,
1:7
Yorkville [3] - 1:18,
4:24, 5:3
YOUNG [8] - 4:13,
4:15, 4:17, 4:19,
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PZC - Public Hearing - October 12, 2022
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8:21, 8:23, 9:1, 9:3
Young [1] - 2:11
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zoning [4] - 4:7, 5:11,
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ZONING [1] - 1:10
Zoom [2] - 2:1, 2:7
DRAFT
Page 1 of 3
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, IL
Wednesday, November 9, 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. 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 7:10pm, roll was called and a quorum
was established.
Roll Call
Deborah Horaz-yes/electronic attendance
Rusty Hyett-yes/electronic attendance
Greg Millen-yes/in-person
Jeff Olson-yes/in-person
Richard Vinyard-yes/in-person
Absent: Danny Williams
City Staff
Krysti Barksdale-Noble, Community Development Director/in-person
Jason Engberg, Senior Planner/in-person
Other Guests
Lynn Dubajic Kellogg, City Consultant/in-person
Chris Vitosh, Vitosh Reporting Service/electronic attendance
Mr. Ronak Patel, Cork Keg & Liquor/in-person
Greg Groat, Correct Digital Displays/in-person
Donald Smith/electronic attendance
Matt Asselmeier/electronic attendance
Previous Meeting Minutes October 12, 2022
The minutes were approved as presented on a motion and second by Commissioners
Vinyard and Millen, respectively.
Roll call: Horaz-yes, Hyett-yes, Millen-yes, Olson-yes, Vinyard-yes. Carried 5-0.
Citizen’s Comments None
Page 2 of 3
Public Hearing
Chairman Olson explained the Public Hearing procedure and swore in those who would
present testimony. The Public Hearing was opened at 7:13pm on a motion and second by
Commissioners Vinyard and Millen, respectively.
Roll call: Hyett-yes, Millen-yes, Olson-yes, Vinyard-yes, Horaz-yes. Carried 5-0.
The Public Hearing description was read by Chairman Olson:
1. PZC 2022-18 Greg Groat, Correct Digital Displays, Inc., petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting
sign variance approval to permit a building mounted sign to be larger than the
maximum permitted sign area, wider than the maximum permitted sign width, and
to allow the sign to be closer than one (1) foot from a vertical or horizontal edge
of the wall to which the sign is affixed. The real property is generally located
northeast of the North Bridge Street (Route 47) and East Main Street intersection.
(see Court Reporter's full transcript)
(The Petitioner requested the standards be entered into the public record)
There was no further testimony and a motion was made and seconded at about 7:25pm by
Mr. Vinyard and Mr. Millen, respectively, to close the Hearing. Roll call: Millen-yes,
Olson-yes, Vinyard-yes, Horaz-yes, Hyett-yes. Carried 5-0.
Unfinished Business None
New Business
1. PZC 2022-19 (see full description above)
Chairman Olson read the standards for granting the variance. There was no further
discussion and Mr. Vinyard moved, seconded by Mr. Millen, to approve PZC 2022-19.
The motion was read by Mr. Vinyard as follows: In consideration of testimony presented
during a Public Hearing on November 9, 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-1 of the United City of Yorkville Zoning
Ordinance to permit a building mounted sign to be erected which exceeds the maximum
sign area, maximum sign width, and be located closer than one foot from a horizontal and
vertical edge of the wall to which it is affixed at the property commonly known as 302 N.
Bridge Street as stated in a staff memorandum dated November 2, 2022.
Roll call: Olson-yes, Vinyard-yes, Horaz-yes, Hyett-yes, Millen-yes. Carried 5-0.
2. PZC 2022-21 Donald Smith, petitioner, is requesting a variance to encroach into the
required front yard in the County's R-3 One Family Residential Zoning District. The
petitioner is seeking to construct a garage addition onto the front of his house which
would encroach the fifty foot (50') required front yard setback by twenty feet (20')
resulting in a thirty foot (30') front yard. The real property is located at 505 E. Spring
Street which is generally located at the northeast corner of the McHugh Road and E.
Spring Street intersection.
Page 3 of 3
Mr. Engberg presented the information for this petition and said it is a 1.5 mile review
near Wackerlin Subdivision. The county received a variance request for a front-yard
setback which is currently 50 feet. The petitioner wishes to add an extension on the
garage on the front of his house and convert an old garage into livable space. This
would leave a 30 foot setback. It is close to the Yorkville planning boundary and a
nearby house is zoned R-2 and already in the city. Under the R-2 zoning in the city code,
the front yard setback is 30 feet. He feels the petitioner will eventually be incorporated in
the city. Mr. Smith is improving the property rather than doing a major improvement.
Mr. Vinyard moved and Mr. Millen seconded to approve a motion of approval for PZC
2022-21 Donald Smith. Mr. Vinyard read the motion as follows: In consideration of the
proposed mile and half review of Kendall County Petition 2022-21 for a variance request
to encroach the required front yard setback by twenty feet within the Kendall County R-3
Zoning District at the property commonly known as 505 E. Spring Street, the Planning
and Zoning Commission recommends the City Council to not object to the request.
Roll call: Vinyard-yes, Horaz-yes, Hyett-yes, Millen-yes, Olson-yes. Carried 5-0.
Additional Business None
Adjournment
There was no further business and the meeting was adjourned at 7:34pm on a motion and
second by Commissioners Vinyard and Horaz, respectively. Unanimous voice vote
approval..
Respectfully submitted by,
Marlys Young, Minute Taker/electronic attendance
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PZC - Public Hearing - November 9, 2022
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UNITED CITY OF YORKVILLE
YORKVILLE, ILLINOIS
PLANNING AND ZONING COMMISSION
PUBLIC HEARING
800 Game Farm Road
Yorkville, Illinois
Wednesday, November 9, 2022
7:00 p.m.
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PRESENT: (In-person and via Zoom)
Mr. Jeff Olson, Chairman,
Ms. Deborah Horaz,
Mr. Richard Vinyard,
Mr. Rusty Hyett,
Mr. Greg Millen.
ALSO PRESENT:
Ms. Krysti Barksdale-Noble, Community
Development Director;
Mr. Jason Engberg, Senior Planner;
Ms. Marlys Young, Minute Taker.
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(WHEREUPON, the following
proceedings were in had 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 who wish to speak may be for or may be
against the request or to ask questions of the
petitioner regarding the request being heard.
Those persons wishing to testify are
asked to speak clearly, one at a time, and state
your name and who you represent. You are also
asked to sign in at the podium, which I saw
somebody already did.
If you plan to speak during
tonight's public hearing as a petitioner or as a
member of the public, please stand now, raise
your right hand, and repeat after me.
(Witness thereupon duly sworn.)
CHAIRMAN OLSON: All right. Anybody in
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Zoomland that is going to be speaking tonight?
If there is, I would ask that you do the same
thing on your own. Thank you.
(No response.)
CHAIRMAN OLSON: The order for receiving
testimony during the public hearing portion
tonight will be as follows: There will be the
petitioner presentation, then we will have people
who wish to speak in favor of the proposal and
then those who wish to speak in opposition of the
proposal.
And with that out of the way, may I
please have a motion to open the public hearing
on PZC 2022-18, sign variance?
MR. VINYARD: So moved.
MR. MILLEN: Second.
CHAIRMAN OLSON: Roll call vote on the
motion, please.
MS. YOUNG: Yes. Hyett. Hyett.
MR. HYETT: Yes.
MS. YOUNG: Thank you. Millen.
MR. MILLEN: Yes.
MS. YOUNG: Olson.
CHAIRMAN OLSON: Yes.
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MS. YOUNG: Vinyard.
MR. VINYARD: Yes.
MS. YOUNG: And Horaz.
MS. HORAZ: Yes.
MS. YOUNG: Thank you.
CHAIRMAN OLSON: All right. The public
hearing up for discussion tonight is PZC 2022-18,
Greg Groat, Correct Digital Displays,
Incorporated, petitioner, has filed an
application with the United City of Yorkville,
Kendall County, Illinois, requesting sign
variance approval to permit a building mounted
sign to be larger than the maximum permitted sign
area, wider than the maximum permitted sign
width, and to allow the sign to be closer than
one foot from a vertical or horizontal edge of
the wall to where -- to which the sign is
affixed.
The real property is generally
located northeast of the North Bridge Street,
Route 47, and East Main Street intersection.
All right. Is the petitioner
present or, Jason, are you doing the
presentation? What are we doing?
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MR. ENGBERG: Greg can start, then I can
fill in.
CHAIRMAN OLSON: Do you have anything to
say, sir?
MR. GROAT: Yeah, I'd be happy to, I
just am not exactly sure how you would like to
proceed as far as --
CHAIRMAN OLSON: Pretend I don't know
anything about it.
GREG GROAT,
having been first duly sworn, testified from the
podium as follows:
MR. GROAT: Okay. So I was with the
company for about two months when I started and
spoke to the customer, and at that point I really
had no frame of reference on permitting or how
that process went, so ignorance is kind of my
plea on that situation. I've gotten well versed
over the last year and almost a half probably
through a lot of learning, so it was a good
lesson to have learned.
I think I stated in the material
that you have that to move the sign where it was
proposed to move would have made it less visible
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PZC - Public Hearing - November 9, 2022
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going northbound on 47, almost impossible to see.
Understanding what the ordinance is
now, hindsight being 20/20, I would have probably
most definitely taken the correct precautions to
make it follow the code, but I think, as many
people have stated, as you see the sign now, the
size of the sign, although it is large, doesn't
seem preposterously large to how it's affixed on
the building.
I think if it was to be moved, there
would be really no other place to put the sign on
the building that would really make sense,
especially with that frontage and how -- the
speed of vehicles going by, it would really kind
of be a futile effort.
So with that being said, I do
apologize, as I have before, for the oversight,
it was not intentional, but I was hoping that the
variance could be granted so he could keep the
sign where it's at.
Really the ordinance that really hit
me more was the vestibule being ten feet away
from the building, whereas if it was four feet or
closer to the building the entire front of the
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building could have been used and it wouldn't
have been an issue, so, you know, understanding
that now, hindsight being 20/20, it would have
been different, but -- so that's why we are
requesting a variance.
CHAIRMAN OLSON: Thank you. Jason, do
you have anything to add?
MR. ENGBERG: So I can either do that
here or outside the public hearing. If you want
me to do that here, I can.
So I can just give Staff's summary
of what happened. So, yes, back in the spring
Code Enforcement was out and saw the sign being
changed at OMG Liquor up on Bridge Street, so,
for the most part, they stopped, said, hey, you
know, I don't think we've got a permit for this,
we need you to come in and apply for a permit.
Like was stated, it was just one of those things
that happened.
So we reviewed the permit, but it
was denied. It was too large per our ordinance,
too wide for the wall to which it was affixed,
and it was closer than one foot to the edge.
If you guys remember, about a few
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PZC - Public Hearing - November 9, 2022
9
years ago, we actually did a text amendment for
this exact reason, it was actually a sign over on
Commercial up there, that we were trying to add
some proportionality clauses into the text of our
zoning ordinance.
The OMG Liquor sign was originally
approved prior, so it measured the whole
frontage, it wasn't measuring any depth or
architectural features on the building, so it was
permitted in 2015.
So now that it changed, when they
submitted the permit we had to deny it because
that vestibule sticks out nine to ten feet, that
creates a new wall, so while not drastically
larger than the OMG sign, the way the text reads
now in the code, it would not permit it, so they
are requesting a variance to make it larger.
The maximum permitted is at the --
on that wall is 20.9 square feet, they are asking
for 36 and a half; the side width, the proposed
is ten feet, the maximum should be 7.8 feet; and
it's about three -- three to nine inches from the
edge, so they are asking for that as well.
There was questions from EDC about
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PZC - Public Hearing - November 9, 2022
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how we address this in the UDO, so we're working
on that project still to update our codes. We
have been discussing is this working for us. I
know we made the text amendment, but as we're
moving forward, what does the city want, what are
the ideals.
I believe, as it stands now, at
least in the draft, we are going to remove that
one foot from the edge, because there are a lot
of unique signs and things like that, can be
brought up to the edge and still look nice and
still, you know, give us the aesthetic look we
are looking for, but, you know, still keeping
with the widths, that's still in the UDO, so this
would still -- even if the UDO passed, this would
still require a variance request, which is what
they are doing, so while the UDO might have -- if
it passed the way it is drafted right now, it
might be a little more lenient, but this would
still not be a permitted sign, so like I said,
they are requesting a variance for those special
things so they can keep it where it's at. You
know, we can answer any other questions in terms
of the standard in the memorandum.
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MS. NOBLE: Enter into the record.
MR. ENGBERG: Oh, yes. The standards
for a variance, the answers on the application,
we would like to have those entered into the
public record.
CHAIRMAN OLSON: All right. So can you
help me remember what solution we came to for
Greg's sign back in the day? Because I remember
we hemmed and hawed and then Krysti lowered --
came down from the heavens like an angel and
offered a solution.
MR. ENGBERG: So our solution, that was
an appeal of how our -- that was not a specific
sign variance request, that was an appeal of the
appeal process for how Krysti and I determined
how the code was interpreted, right, so we had a
little broader language previously, so we
couldn't -- the way we had always measured signs
and measured walls was one way, but it was
determined that it's broad and vague, so we
decided to let them keep the sign up. They won
the appeal, but we would go back and change the
text within the ordinance so it wouldn't be
allowed in the future.
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MS. NOBLE: Right. So they are legally
non-conforming.
MR. ENGBERG: Correct.
CHAIRMAN OLSON: So there is standards
that you the owner have to meet in order for us
to grant a variance, and they are very specific,
so as much as we would want to do something
because we want to help business owners and we
want -- we don't want any signs to have to be
replaced, we don't want to waste anybody's money,
you might not meet all these variance
requirements.
Help my memory, is this something
that we have the final say on or is it going to
City Council?
MR. ENGBERG: This is not. So this will
be a recommendation to City Council. If Planning
and Zoning Commission recommends approval, they
need a simple majority at City Council. If you
guys recommend against a variance, they would
need a super majority vote at City Council.
CHAIRMAN OLSON: So to make sure that's
clear, right, we can say yes or no tonight. Our
saying yes or no just determines how many votes
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PZC - Public Hearing - November 9, 2022
13
the City Council needs in order to pass it, all
right?
So we'll talk about it, we'll vote
it, but this is not the final say-so on it,
you've got to come back to the City Council
meeting where they will vote and then that will
be actually who determines what's going on.
Okay. Any of you folks in Zoomland,
Rich, Greg, have any questions for Jason right
now?
MR. VINYARD: I have one question. What
percentage of the -- what percentage of the area
is taken up by the sign?
I know we discussed this because
with Greg's building, when you look at -- it is
measured in linear, there are three separate
sections that encompass that linear, so I don't
remember, did we come up with a percentage of
that area?
MS. NOBLE: Yes. Go ahead, Jason.
MR. ENGBERG: Just do the math real
quick. So it looks like there is 50 feet of
frontage, so it probably takes up 36 square feet,
yeah, so something around there, because, again,
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14
it was originally approved, you get two square
foot of sign for every one linear foot.
Typically, let's say it was a
frontage, they would be allowed 100 square feet
of signage on that facade. They do have some
smaller sized ones, but it would be size-wise,
just like why the OMG sign was allowed, it would
be well under the total size.
CHAIRMAN OLSON: All right. Is there
anyone present in here or Zoomland who wishes to
speak in favor of the request?
(No response.)
CHAIRMAN OLSON: Is there anyone that
wishes to speak in opposition of the request?
(No response.)
CHAIRMAN OLSON: All right. Seeing as
there are none -- Oh. Go ahead, Greg.
MR. MILLEN: We want to go on the
record. I think we put up that sign up fast for
the variance, you know, so we went through the
process, and then that's when we were here before
for the sign, if you remember that.
MS. NOBLE: Okay.
MR. MILLEN: Also, she's left, I just
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15
want to bring this up, she lives right across the
street from this establishment.
CHAIRMAN OLSON: Sue you mean?
MR. MILLEN: Yeah.
CHAIRMAN OLSON: Yeah.
MR. MILLEN: And she said oh, the sign
is already up, I don't think it's offensive or --
I think that's a good indication. I think the
sign also -- as two-time Chamber president,
business owners, now 20, 30 years, I don't think
it's that out-of-line either, but again, again,
that's my opinion as a business owner and -- as
far as that perspective, from business, and be
fair.
CHAIRMAN OLSON: That is a good
perspective. Okay. Thank you, Greg. Since all
public testimony regarding this petition has been
taken, may I have a motion, please, to close the
taking of testimony at this public hearing?
MR. VINYARD: So moved.
MR. MILLEN: Second.
CHAIRMAN OLSON: Roll call vote on the
motion, please.
MS. YOUNG: Yes. Millen.
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16
MR. MILLEN: Yes.
MS. YOUNG: Olson.
CHAIRMAN OLSON: Yes.
MS. YOUNG: Vinyard.
MR. VINYARD: Yes.
MS. YOUNG: Horaz.
MS. HORAZ: Yes.
MS. YOUNG: And Hyett.
MR. HYETT: Yes.
CHAIRMAN OLSON: All right. The public
hearing portion of tonight's meeting is closed.
(Which were all the proceedings
had in the public hearing portion
of the meeting.)
---o0o---
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PZC -Public Hearing -November 9,2022
17
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 17 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 10th day of November, A.D., 2022.
Christine M. Vitosh, CSR
Illinois CSR No. 084-002883
0
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aesthetic [1] - 10:12
affixed [3] - 5:18, 7:8,
8:22
aforesaid [1] - 17:9
ago [1] - 9:1
ahead [2] - 13:20,
14:17
allow [1] - 5:15
allowed [3] - 11:24,
14:4, 14:7
almost [2] - 6:19, 7:1
ALSO [1] - 2:8
amendment [2] - 9:1,
10:4
AND [1] - 1:10
angel [1] - 11:10
annexed [1] - 17:10
answer [1] - 10:23
answers [1] - 11:3
apologize [1] - 7:17
appeal [4] - 11:13,
11:14, 11:15, 11:22
application [2] - 5:10,
11:3
applies [1] - 17:11
apply [1] - 8:17
approval [2] - 5:12,
12:18
approved [2] - 9:7,
14:1
architectural [1] - 9:9
area [3] - 5:14, 13:12,
13:19
assume [1] - 17:13
B
Barksdale [1] - 2:9
Barksdale-Noble [1] -
2:9
Bridge [2] - 5:20, 8:14
bring [1] - 15:1
broad [1] - 11:20
broader [1] - 11:17
brought [1] - 10:11
building [8] - 5:12,
7:9, 7:12, 7:23, 7:24,
8:1, 9:9, 13:15
business [4] - 12:8,
15:10, 15:12, 15:13
C
certificate [1] - 17:10
certification [1] -
17:16
Certified [1] - 17:3
certified [1] - 17:12
certify [2] - 17:4,
17:10
Chairman [1] - 2:2
CHAIRMAN [21] - 3:4,
3:24, 4:5, 4:17, 4:24,
5:6, 6:3, 6:8, 8:6,
11:6, 12:4, 12:22,
14:9, 14:13, 14:16,
15:3, 15:5, 15:15,
15:22, 16:3, 16:10
Chamber [1] - 15:9
change [1] - 11:22
changed [2] - 8:14,
9:11
Christine [2] - 17:3,
17:20
CITY [1] - 1:6
city [1] - 10:5
City [7] - 5:10, 12:15,
12:17, 12:19, 12:21,
13:1, 13:5
clauses [1] - 9:4
clear [1] - 12:23
clearly [1] - 3:15
close [1] - 15:18
closed [1] - 16:11
closer [3] - 5:15, 7:24,
8:23
code [3] - 7:5, 9:16,
11:16
Code [1] - 8:13
codes [1] - 10:2
Commercial [1] - 9:3
Commission [3] - 3:6,
3:9, 12:18
COMMISSION [1] -
1:10
Community [1] - 2:9
company [1] - 6:14
complete [1] - 17:7
computer [1] - 17:7
computer-generated
[1] - 17:7
conforming [1] - 12:2
considered [1] - 3:9
control [1] - 17:15
copies [2] - 17:12,
17:14
correct [3] - 7:4, 12:3,
17:7
Correct [1] - 5:8
Council [6] - 12:15,
12:17, 12:19, 12:21,
13:1, 13:5
COUNTY [1] - 17:2
County [1] - 5:11
creates [1] - 9:14
CSR [2] - 17:20, 17:20
customer [1] - 6:15
D
Deborah [1] - 2:3
decided [1] - 11:21
definitely [1] - 7:4
denied [1] - 8:21
deny [1] - 9:12
depth [1] - 9:8
determined [2] -
11:15, 11:20
determines [2] -
12:24, 13:7
Development [1] -
2:10
different [1] - 8:4
Digital [1] - 5:8
direction [1] - 17:15
Director [1] - 2:10
discussed [1] - 13:14
discussing [1] - 10:3
discussion [1] - 5:7
Displays [1] - 5:8
down [1] - 11:10
draft [1] - 10:8
drafted [1] - 10:18
drastically [1] - 9:14
duly [2] - 3:23, 6:11
during [2] - 3:19, 4:6
E
East [1] - 5:21
EDC [1] - 9:24
edge [5] - 5:16, 8:23,
9:23, 10:9, 10:11
effort [1] - 7:15
either [2] - 8:8, 15:11
encompass [1] -
13:17
Enforcement [1] -
8:13
Engberg [1] - 2:11
ENGBERG [7] - 6:1,
8:8, 11:2, 11:12,
12:3, 12:16, 13:21
enter [1] - 11:1
entered [1] - 11:4
entire [1] - 7:24
especially [1] - 7:13
establishment [1] -
15:2
exact [1] - 9:2
exactly [1] - 6:6
F
facade [1] - 14:5
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - November 9, 2022
1
fair [1] - 15:14
far [2] - 6:7, 15:13
Farm [1] - 1:17
fast [1] - 14:19
favor [2] - 4:9, 14:11
features [1] - 9:9
feet [9] - 7:22, 7:23,
9:13, 9:19, 9:21,
13:22, 13:23, 14:4
few [1] - 8:24
filed [1] - 5:9
fill [1] - 6:2
final [2] - 12:14, 13:4
first [1] - 6:11
folks [1] - 13:8
follow [1] - 7:5
following [1] - 3:1
follows [2] - 4:7, 6:12
foot [5] - 5:16, 8:23,
10:9, 14:2
foregoing [1] - 17:6
forward [1] - 10:5
four [1] - 7:23
frame [1] - 6:16
front [1] - 7:24
frontage [4] - 7:13,
9:8, 13:23, 14:4
futile [1] - 7:15
future [1] - 11:24
G
Game [1] - 1:17
generally [1] - 5:19
generated [1] - 17:7
grant [1] - 12:6
granted [1] - 7:19
GREG [1] - 6:10
Greg [6] - 2:6, 5:8, 6:1,
13:9, 14:17, 15:16
Greg's [2] - 11:8,
13:15
Groat [1] - 5:8
GROAT [3] - 6:5, 6:10,
6:13
guys [2] - 8:24, 12:20
H
half [2] - 6:19, 9:20
hand [3] - 3:22, 17:13,
17:17
happy [1] - 6:5
hawed [1] - 11:9
heard [1] - 3:13
HEARING [1] - 1:11
hearing [12] - 3:3, 3:5,
3:7, 3:20, 4:6, 4:13,
5:7, 8:9, 15:19,
16:11, 16:13, 17:5
heavens [1] - 11:10
Help [1] - 12:13
help [2] - 11:7, 12:8
hemmed [1] - 11:9
hereby [1] - 17:4
hereto [1] - 17:11
hereunto [1] - 17:16
hindsight [2] - 7:3, 8:3
hit [1] - 7:21
hoping [1] - 7:18
HORAZ [2] - 5:4, 16:7
Horaz [3] - 2:3, 5:3,
16:6
horizontal [1] - 5:16
Hyett [4] - 2:5, 4:19,
16:8
HYETT [2] - 4:20, 16:9
I
ideals [1] - 10:6
ignorance [1] - 6:17
ILLINOIS [2] - 1:7,
17:1
Illinois [3] - 1:18, 5:11,
17:20
impossible [1] - 7:1
in-person [1] - 2:1
inches [1] - 9:22
inclusive [1] - 17:6
Incorporated [1] - 5:9
indication [1] - 15:8
intentional [1] - 7:18
interpreted [1] - 11:16
intersection [1] - 5:21
invite [1] - 3:7
issue [1] - 8:2
J
Jason [5] - 2:11, 5:23,
8:6, 13:9, 13:20
Jeff [1] - 2:2
K
keep [3] - 7:19, 10:22,
11:21
keeping [1] - 10:13
Kendall [1] - 5:11
kind [2] - 6:17, 7:14
Krysti [3] - 2:9, 11:9,
11:15
L
language [1] - 11:17
large [3] - 7:7, 7:8,
8:21
larger [3] - 5:13, 9:15,
9:17
LASALLE [1] - 17:2
last [1] - 6:19
learned [1] - 6:21
learning [1] - 6:20
least [1] - 10:8
left [1] - 14:24
legally [1] - 12:1
lenient [1] - 10:19
less [1] - 6:24
lesson [1] - 6:21
line [1] - 15:11
linear [3] - 13:16,
13:17, 14:2
Liquor [2] - 8:14, 9:6
lives [1] - 15:1
located [1] - 5:20
look [3] - 10:11, 10:12,
13:15
looking [1] - 10:13
looks [1] - 13:22
lowered [1] - 11:9
M
Main [1] - 5:21
majority [2] - 12:19,
12:21
Marlys [1] - 2:12
material [1] - 6:22
math [1] - 13:21
maximum [4] - 5:13,
5:14, 9:18, 9:21
mean [1] - 15:3
measured [4] - 9:7,
11:18, 11:19, 13:16
measuring [1] - 9:8
meet [2] - 12:5, 12:11
meeting [4] - 3:6,
13:6, 16:11, 16:14
member [1] - 3:21
members [1] - 3:7
memorandum [1] -
10:24
memory [1] - 12:13
might [3] - 10:17,
10:19, 12:11
Millen [2] - 2:6, 15:24
millen [1] - 4:21
MILLEN [8] - 4:16,
4:22, 14:18, 14:24,
15:4, 15:6, 15:21,
16:1
Minute [1] - 2:12
money [1] - 12:10
months [1] - 6:14
most [2] - 7:4, 8:15
motion [4] - 4:13,
4:18, 15:18, 15:23
mounted [1] - 5:12
move [2] - 6:23, 6:24
moved [3] - 4:15,
7:10, 15:20
moving [1] - 10:5
MR [24] - 4:15, 4:16,
4:20, 4:22, 5:2, 6:1,
6:5, 6:13, 8:8, 11:2,
11:12, 12:3, 12:16,
13:11, 13:21, 14:18,
14:24, 15:4, 15:6,
15:20, 15:21, 16:1,
16:5, 16:9
MS [17] - 4:19, 4:21,
4:23, 5:1, 5:3, 5:4,
5:5, 11:1, 12:1,
13:20, 14:23, 15:24,
16:2, 16:4, 16:6,
16:7, 16:8
N
name [1] - 3:16
need [3] - 8:17, 12:19,
12:21
needs [1] - 13:1
new [1] - 9:14
nice [1] - 10:11
nine [2] - 9:13, 9:22
Noble [1] - 2:9
NOBLE [4] - 11:1,
12:1, 13:20, 14:23
non [1] - 12:2
non-conforming [1] -
12:2
none [1] - 14:17
North [1] - 5:20
northbound [1] - 7:1
northeast [1] - 5:20
November [2] - 1:21,
17:17
O
OF [3] - 1:6, 17:1, 17:2
offensive [1] - 15:7
offered [1] - 11:11
Olson [3] - 2:2, 4:23,
16:2
OLSON [21] - 3:4,
3:24, 4:5, 4:17, 4:24,
5:6, 6:3, 6:8, 8:6,
11:6, 12:4, 12:22,
14:9, 14:13, 14:16,
15:3, 15:5, 15:15,
15:22, 16:3, 16:10
OMG [4] - 8:14, 9:6,
9:15, 14:7
one [9] - 3:4, 3:15,
5:16, 8:18, 8:23,
10:9, 11:19, 13:11,
14:2
ones [1] - 14:6
open [1] - 4:13
opinion [1] - 15:12
opposition [2] - 4:10,
14:14
order [3] - 4:5, 12:5,
13:1
ordinance [5] - 7:2,
7:21, 8:21, 9:5,
11:23
original [1] - 17:11
originally [2] - 9:6,
14:1
out-of-line [1] - 15:11
outside [1] - 8:9
oversight [1] - 7:17
own [1] - 4:3
owner [2] - 12:5,
15:12
owners [2] - 12:8,
15:10
P
p.m [1] - 1:22
Pages [1] - 17:6
part [1] - 8:15
pass [1] - 13:1
passed [2] - 10:15,
10:18
people [2] - 4:8, 7:6
per [1] - 8:21
percentage [3] -
13:12, 13:18
permit [6] - 5:12, 8:16,
8:17, 8:20, 9:12,
9:16
permitted [5] - 5:13,
5:14, 9:10, 9:18,
10:20
permitting [1] - 6:16
person [1] - 2:1
persons [2] - 3:10,
3:14
perspective [2] -
15:13, 15:16
petition [1] - 15:17
petitioner [5] - 3:13,
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - November 9, 2022
2
3:20, 4:8, 5:9, 5:22
place [2] - 7:11, 17:9
plan [1] - 3:19
Planner [1] - 2:11
Planning [2] - 3:5,
12:17
PLANNING [1] - 1:10
plea [1] - 6:18
podium [2] - 3:17,
6:12
point [1] - 6:15
portion [3] - 4:6,
16:11, 16:13
precautions [1] - 7:4
preposterously [1] -
7:8
PRESENT [2] - 2:1,
2:8
present [3] - 3:11,
5:23, 14:10
presentation [2] - 4:8,
5:24
president [1] - 15:9
pretend [1] - 6:8
previously [1] - 11:17
proceed [1] - 6:7
proceedings [4] - 3:2,
16:12, 17:5, 17:8
process [3] - 6:17,
11:15, 14:21
project [1] - 10:2
property [1] - 5:19
proportionality [1] -
9:4
proposal [2] - 4:9,
4:11
proposed [3] - 3:8,
6:24, 9:20
pubic [1] - 17:5
PUBLIC [1] - 1:11
public [15] - 3:2, 3:4,
3:8, 3:10, 3:20, 3:21,
4:6, 4:13, 5:6, 8:9,
11:5, 15:17, 15:19,
16:10, 16:13
purpose [1] - 3:6
put [2] - 7:11, 14:19
PZC [2] - 4:14, 5:7
Q
questions [4] - 3:12,
9:24, 10:23, 13:9
quick [1] - 13:22
R
raise [1] - 3:21
reads [1] - 9:15
real [2] - 5:19, 13:21
really [6] - 6:15, 7:11,
7:12, 7:14, 7:21
reason [1] - 9:2
receiving [1] - 4:5
recommend [1] -
12:20
recommendation [1] -
12:17
recommends [1] -
12:18
record [3] - 11:1, 11:5,
14:19
reference [1] - 6:16
regarding [3] - 3:8,
3:13, 15:17
remember [5] - 8:24,
11:7, 11:8, 13:18,
14:22
remove [1] - 10:8
repeat [1] - 3:22
replaced [1] - 12:10
Reporter [1] - 17:4
represent [1] - 3:16
reproduced [1] -
17:14
request [7] - 3:8, 3:12,
3:13, 10:16, 11:14,
14:11, 14:14
requesting [4] - 5:11,
8:5, 9:17, 10:21
require [1] - 10:16
requirements [1] -
12:12
response [3] - 4:4,
14:12, 14:15
responsibility [1] -
17:13
reviewed [1] - 8:20
Rich [1] - 13:9
richard [1] - 2:4
Road [1] - 1:17
Roll [1] - 4:17
roll [1] - 15:22
Route [1] - 5:21
Rusty [1] - 2:5
S
saw [2] - 3:17, 8:13
say-so [1] - 13:4
scheduled [1] - 3:5
second [2] - 4:16,
15:21
sections [1] - 13:17
see [2] - 7:1, 7:6
seeing [1] - 14:16
seem [1] - 7:8
Senior [1] - 2:11
sense [1] - 7:12
separate [1] - 13:16
set [1] - 17:16
Shorthand [1] - 17:3
side [1] - 9:20
sign [28] - 3:17, 4:14,
5:11, 5:13, 5:14,
5:15, 5:17, 6:23, 7:6,
7:7, 7:11, 7:20, 8:13,
9:2, 9:6, 9:15, 10:20,
11:8, 11:14, 11:21,
13:13, 14:2, 14:7,
14:19, 14:22, 15:6,
15:9
signage [1] - 14:5
signed [1] - 17:12
signs [3] - 10:10,
11:18, 12:9
simple [1] - 12:19
situation [1] - 6:18
size [3] - 7:7, 14:6,
14:8
size-wise [1] - 14:6
sized [1] - 14:6
smaller [1] - 14:6
solution [3] - 11:7,
11:11, 11:12
speaking [1] - 4:1
special [1] - 10:21
specific [2] - 11:13,
12:6
speed [1] - 7:14
spring [1] - 8:12
square [4] - 9:19,
13:23, 14:1, 14:4
SS [1] - 17:1
Staff's [1] - 8:11
stand [1] - 3:21
standard [1] - 10:24
standards [2] - 11:2,
12:4
stands [1] - 10:7
start [1] - 6:1
started [1] - 6:14
STATE [1] - 17:1
state [1] - 3:15
sticks [1] - 9:13
still [8] - 10:2, 10:11,
10:12, 10:13, 10:14,
10:15, 10:16, 10:20
stopped [1] - 8:15
street [1] - 15:2
Street [3] - 5:20, 5:21,
8:14
submitted [1] - 9:12
sue [1] - 15:3
summary [1] - 8:11
super [1] - 12:21
sworn [2] - 3:23, 6:11
T
Taker [1] - 2:12
ten [3] - 7:22, 9:13,
9:21
terms [1] - 10:23
testified [1] - 6:11
testify [1] - 3:14
testimony [5] - 3:7,
3:10, 4:6, 15:17,
15:19
text [5] - 9:1, 9:4, 9:15,
10:4, 11:23
thereof [2] - 17:12,
17:16
thereupon [1] - 3:23
three [3] - 9:22, 13:16
tonight [5] - 3:9, 4:1,
4:7, 5:7, 12:23
tonight's [3] - 3:5,
3:20, 16:11
total [1] - 14:8
transcribed [1] - 17:4
transcript [2] - 17:8,
17:11
true [1] - 17:7
trying [1] - 9:3
two [3] - 6:14, 14:1,
15:9
two-time [1] - 15:9
typically [1] - 14:3
U
UDO [4] - 10:1, 10:14,
10:15, 10:17
under [3] - 14:8,
17:12, 17:14
unique [1] - 10:10
UNITED [1] - 1:6
United [1] - 5:10
up [12] - 5:7, 8:14, 9:3,
10:11, 11:21, 13:13,
13:18, 13:23, 14:19,
15:1, 15:7
update [1] - 10:2
V
vague [1] - 11:20
variance [13] - 4:14,
5:12, 7:19, 8:5, 9:17,
10:16, 10:21, 11:3,
11:14, 12:6, 12:11,
12:20, 14:20
vehicles [1] - 7:14
versed [1] - 6:18
vertical [1] - 5:16
vestibule [2] - 7:22,
9:13
via [1] - 2:1
VINYARD [5] - 4:15,
5:2, 13:11, 15:20,
16:5
Vinyard [3] - 2:4, 5:1,
16:4
visible [1] - 6:24
Vitosh [2] - 17:3,
17:20
vote [5] - 4:17, 12:21,
13:3, 13:6, 15:22
votes [1] - 12:24
W
wall [4] - 5:17, 8:22,
9:14, 9:19
walls [1] - 11:19
waste [1] - 12:10
Wednesday [1] - 1:21
whereas [1] - 7:23
WHEREUPON [1] -
3:1
whole [1] - 9:7
wide [1] - 8:22
wider [1] - 5:14
width [2] - 5:15, 9:20
widths [1] - 10:14
wise [1] - 14:6
wish [3] - 3:11, 4:9,
4:10
wishes [2] - 14:10,
14:14
wishing [1] - 3:14
Witness [1] - 3:23
won [1] - 11:21
Y
year [1] - 6:19
years [2] - 9:1, 15:10
YORKVILLE [2] - 1:6,
1:7
Yorkville [2] - 1:18,
5:10
YOUNG [11] - 4:19,
4:21, 4:23, 5:1, 5:3,
5:5, 15:24, 16:2,
16:4, 16:6, 16:8
Young [1] - 2:12
Z
Zoning [2] - 3:6, 12:18
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - November 9, 2022
3
ZONING [1] - 1:10
zoning [1] - 9:5
Zoom [1] - 2:1
Zoomland [3] - 4:1,
13:8, 14:10
1
Summary:
The petitioner, Tom Bowman, is seeking final plat approval to subdivide an approximately 2-acre vacant
parcel into 2 single-family lots at the southwest corner of E Van Emmon Street and Timber Oak Lane.
The property is currently zoned R-1 Single-Family Suburban Residential District and the new parcels will
meet all bulk regulations for that district. Due to the unique landscaping, topography, and floodplain of
the property, the petitioner will be planning on building smaller footprint dwellings on the lots that will
preserve a majority of the existing natural environment.
Property Background:
The subject property is located at the southwest corner of E Van Emmon Street and Timber Oak Lane
(Formerly Benjamin Street) and is directly north of the former Kendallwood Estates Development which
is now titled Timber Ridge Estates.
Memorandum
To: Economic Development Committee
From: Jason Engberg, Senior Planner
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: November 30, 2022
Subject: PZC 2022-22 Bowman Subdivision (Final Plat)
2
This parcel was originally part of the River Oaks Development Agreement (Ord. 2010-27) which
contained a conceptual plan to be a multi-use building containing offices, personal services, and loft
apartments. The Agreement also rezoned the property from R-1 One Family Residence District to B-2
General Business District. A term of 5 years for development was established at the time the agreement
was adopted in 2010 which means it expired in 2015. Since the agreement expired, the parcel is now
subject to all current zoning regulations and is no longer required to follow the conceptual plan. However,
the B-2 District zoning remained in place and the previous property owners requested to rezone it back to
the R-1 District in 2019. This was approved (Ord. 2019-38) and the property is now zoned R-1 Single-
Family Suburban Residential District.
Proposed Request:
The proposed Final Plat of Subdivision – Bowman Subdivision was prepared by Norman J. Toberman
and Associates, date last revised November 28, 2022, illustrates the proposed 2 single-family lots, as seen
below:
Originally, the petitioner was seeking to subdivide this parcel into 3 lots but was unable to do so since the
northern property line extends to the center of E Van Emmon Street. The City’s Standards for
Specifications require that any property line within the public right-of-way must be dedicated to the City
up final plat. The petitioner was also originally seeking a variance for the lot width of one of the parcels
since it would be less than the required one-hundred-foot (100’) maximum. Since the petitioner is now
only creating two (2) lots, the variance is no longer required.
3
Staff Comments:
The proposed Final Plat of Bowman Subdivision has been reviewed by City staff and the City’s
engineering consultant, Engineering Enterprises Inc. (EEI), for compliance with the Subdivision Control
Ordinance’s Standards for Specification. The revised plans are still under review by EEI as the petitioner
addressed many of the comments made from the November 10th Plan Council and also reduced the total
number of parcels from three (3) to two (2). Prior to approval, the petitioner will need to meet all
requirements and recommendations from staff and EEI.
Staff supports the approval of the final plat. The parcels meet all of the required bulk regulations for a R-1
District zoned property and all setbacks are illustrated on the final plat. Additionally, staff has discussed
all standard zoning requirements with the petitioner and have furnished them with the building permit
fees for the potential residential dwellings.
Proposed Motion:
In consideration of the proposed Final Plat of Subdivision for Bowman Subdivision, the Planning
and Zoning Commission recommends approval of the plat to the City Council as prepared by
Norman J. Toberman and Associates date last revised November 28, 2022 subject to all future
comments made by Engineering Enterprise Incorporated and further subject to {insert any
additional conditions of the Planning and Zoning Commission}…
Attachments:
1. Application for Final Plat
2. 11-28-22 Bowman Subdivision Final Plat
3. 11-10-22 Draft Plan Council Minutes
4. Ordinance 2010-27
5. Ordinance 2019-38
DRAFT
Page 1 of 3
UNITED CITY OF YORKVILLE
PLAN COUNCIL
Thursday, November 10, 2022 9:00am
Yorkville City Hall, Council Chambers
800 Game Farm Road, Yorkville, Il
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 Act, remote attendance was allowed for this meeting to encourage social distancing due to
the current Covid-19 pandemic.
IN ATTENDANCE:
Krysti Barksdale Noble, Community Development Director, City of Yorkville/electronic attendance
Jason Engberg, Senior Planner, City of Yorkville/in-person attendance
Brad Sanderson, Engineer for City of Yorkville/EEI/electronic attendance
Tom Bowman, T.A. Bowman Constructors/TBK Properties/in-person attendance
Jake Victor, Northpointe Development/electronic attendance
Mike Belke, T.A. Bowman Constructors/electronic attendance
Dave Toberman/electronic attendance
Mr. Engberg called the meeting to order at 9:00am.
1. Minutes for Approval: July 14, 2022
The minutes were approved as presented.
2. PZC 2022-22 Bowman Subdivision – Final Plat of Subdivision, Variance Request
All meeting attendees introduced themselves.
Mr. Engberg began the discussion and said Mr. Bowman is dividing his property into 3 parcels.
Measurements had been provided and Mr. Bowman was also asked to show the rear setback line.
Bulk Regulations and Building Height: Mr. Engberg said in the R-1 district, the maximum height is 30
feet or a maximum of 2.5 stories, but a variance may be requested. Mr. Bowman said the property is
severely sloped and they will use a 2.5 story walkout on the street side. The unit on lot 3 is on a corner
and they would do a walkout to stay under 3 stories. Sidewalks are required from the developer.
Lot Size: The minimum lot size is 1,800 square feet.
Lot Coverage: Maximum is 50% and the developer is planning on a small footprint, while saving
landscaping/vegetation.
Lot Width: The width is 100 feet and 97 feet is the maximum resulting in a 3% reduction in the lot
width and request for a variance. This will be decided at a Public Hearing at PZC and the final plat will
Page 2 of 3
go to City Council. Mr. Bowman added that there is a 30 foot tall retaining wall on the south edge that
is 97 foot and that wall is more than 3 foot away from lot line essentially giving 100 feet. That point
will be brought up at EDC and PZC.
Plat Requirement: More info is needed on the plat of subdivision.
Building Permit Fees: A fee sheet had been given to Mr. Bowman and Ms. Noble noted a correction
that there is no county road fee. She said surrounding communities would have to adopt before the fee
is put into place.
Landscaping: Ms. Noble said the submittal must be done before a building permit is issued. It must
address parkway trees and she explained other tree requirements Mr. Bowman noted the property is
already heavily wooded.
Other Discussion:
Mr. Sanderson said their surveyor can be contacted to obtain the necessary certificates. The right-of-
way requirements along Van Emmon were discussed and Mr. Bowman asked for some clarification on
the measurements and uses of the right-of-way. Mr. Bowman noted that the measurement explanations
will radically change their plans. Mr. Bowman and the surveyor will discuss this prior to moving this
plan forward to other city committees. Mr. Engberg noted that Mr. Bowman can either re-subdivide or
rezone the property to R-2 instead of doing the variance process. A Public Hearing will still be
required. Due to a poor Zoom connection, Mr. Bowman and Mr. Sanderson will meet separately and a
decision will be made on a variance or rezoning.
Mr. Bowman briefly touched on the sanitary system and said they were planning on connecting to the
manhole on Van Emmon and noted that a grinder pump will need to be in the manhole due to grades
and nearby culverts. Mr. Sanderson asked that a sketch be sent to him.
Mr. Engberg said the subdivision to the south, Kendallwood Estates, has been re-named Timber Ridge
Estates. Consequently, all street names have been changed as well.
A summary will be provided by Mr. Engberg after the meeting.
3. PZC 2022-23 Northpointe Development – Rezoning and Variance Request
This is a rezoning and variance request. Mr. Engberg said staff has received the application with site
plan, elevations, trip generations etc. There are 45 condo units and the developer is seeking to rezone
from B-3 to R-4 and seeking a variance to increase maximum density in the R-4 district from 8 to 13
dwelling units per acre.
Bulk Regulations: Staff requested setbacks be shown on the site plan. Ms. Noble said that the
entrance must face a public road which is either Rt. 34 or Sycamore and she recommended the front
entrance be on Sycamore.
Building Height: In R-4 zoning, the height limit is 3 story/40 feet for dwelling units. Staff asked that
the overall height of the building be noted on the documents.
Lot Coverage: In R-4 zoning, lot coverage is 70% and staff said the plan looked fine, but they asked
the developer to include an impervious cover table.
Page 3 of 3
Density: The petitioner is requesting a variance for density. They currently have 8 dwelling units per
acre which is about 27 units, but are requesting 45 units or 13 dwelling units per acre. Mr. Engberg
noted this is similar to St. Anthony's Place approved in 2016 and staff has no objection at this time. He
noted the city is doing a Unified Development Ordinance project which may modify the regulations.
Land Use: The Comp Plan calls for neighborhood retail. The developer is looking for more dense
residential so it conflicts with the Plan. However, an October public meeting and community project
indicates a need for senior living with amenities nearby. This location is a very good spot that aligns
with the meeting views.
Parking: The plan shows 93 spaces which meets the requirements of 2 per unit. Mr. Engberg said this
could be considered elderly housing depending on the age requirements or restrictions. He said elderly
housing is not defined in the code at the moment. He noted that Fox Hill residents will likely question
the amount of traffic to be generated.
Signage: The maximum monument sign size is 32 sq. ft. If a larger sign is desired, the sign variance
process may be used, but Mr. Victor noted the sign will meet the code.
Appearance Code: The elevations submitted are fine, but the amount of masonry and siding will require
calculations to show the developer meets the code.
Stormwater Detention: No detention is shown on the site plan, however, Mr. Sanderson said the
detention to the southeast is adequate for this site.
Refuse Container: The zoning code requires screening on all 4 sides with opaque fence on the 3rd side.
Comments from Ms. Barksdale-Noble:
Regarding circulation, all the aisle widths and stall lengths need to be shown.
Building Elevations: Staff may ask for material samples or for detail to be shown on the architectural
elevations.
Lighting: A photometric plan and landscape plan will be needed.
Economic Incentive Request: If the developer is seeking a city rental assistance program, the
developer will contact Ms. Noble.
This moves forward to EDC in December and a public meeting will also be held in December. It will
not go to Public Hearing until June or July. Information about this project will also be placed on the
city website.
There was no further business and the meeting adjourned at 9:47am.
Minutes respectfully transcribed by
Marlys Young, Minute Taker/in-person attendance
Summary
Proposed 2023 meeting schedule for the Planning and Zoning Commission.
Meeting Schedule for 2023
For 2023, if the Planning and Zoning Commission would like to continue meeting the second
Wednesday of the month at 7:00 p.m., the proposed meeting dates would be as follows:
x January 11, 2023
x February 8, 2023
x March 8, 2023
x April 12, 2023
x May 10, 2023
x June 14, 2023
x July 12, 2023
x August 9, 2023
x September 13, 2023
x October 11, 2023
x November 8, 2023
x December 13, 2023
Recommendation
Staff recommends review of the proposed meeting dates and time so that a meeting schedule can
be finalized for 2023.
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Bart Olson, City Administrator
Krysti Barksdale-Noble, Community Development Director
Date: December 7, 2022
Subject: Planning and Zoning Commission Meeting Schedule for 2023