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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 -------------------------------------------------------------------------------------------------------------------- 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 12, 2022 1 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 12, 2022 2 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. - - - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 12, 2022 3 (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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 12, 2022 4 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 12, 2022 5 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 12, 2022 6 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 12, 2022 7 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 12, 2022 8 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 12, 2022 9 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--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -October 12,2022 10 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 1 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 3 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 8 800 [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] - 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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 1 L 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 N 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] - 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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, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - October 12, 2022 2 8:21, 8:23, 9:1, 9:3 Young [1] - 2:11 Z zoning [4] - 4:7, 5:11, 6:20, 6:22 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 1 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 2 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. - - - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 3 (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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 4 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 5 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? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 6 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 7 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 8 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 10 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 11 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 12 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - November 9, 2022 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--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC -Public Hearing -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. 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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