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Planning and Zoning Commission Minutes 2024 05-08-24APPROVED 6/12/24 Page 1 of 4 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, May 8, 2024 7:00pm Meeting Called to Order Commissioner Daniel Williams called the meeting to order at 7:00pm, roll was called and a quorum was established. Roll Call Ryan Forristall-yes, Rusty Hyett-yes, Greg Millen-yes, Daniel Williams-yes Absent: Reagan Goins, Richard Vinyard City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner I Other Guests Lynn Dubajic Kellogg, City Consultant (via Zoom) Chris Vitosh, Vitosh Reporting Service Matt Asselmeier, Kendall County PBZ Dan Kramer, Attorney (via Zoom) David Petesch, Kendall County Record (via Zoom) Previous Meeting Minutes April 10, 2024 Motion by Mr. Millen and second by Mr. Hyett to approve the minutes as presented. Roll call: Hyett-yes, Millen-yes, Williams-present, Forristall-yes Carried 3-0 yes and 1- present. Citizen’s Comments None Public Hearings Commissioner Williams informed the Board that Public Hearings PZC 2024-07 Kelaka and PZC 2024-08 Hagemann Trust would not be heard tonight since the property owners within 500 feet had not been notified of the scheduled Hearing. A motion was made and seconded by Mr. Hyett and Mr. Millen, respectively, to move Public Hearings PZC 2024-07 and PZC 2024-08 to the June 12, 2024 PZC meeting. Roll call: Millen-yes, Williams-yes, Forristall-yes, Hyett-yes. Carried 4-0. Mr. Williams stated the procedure for the remaining Hearing. At approximately 7:04pm, a motion was made by Mr. Millen and seconded by Mr. Forristall to open the Public Page 2 of 4 Hearing PZC 2024-13 United City of Yorkville. Roll call: Millen-yes, Williams-yes, Forristall-yes, Hyett-yes. Carried 4-0. 3. PZC 2024-13 United City of Yorkville, petitioner, is proposing to amend Section 10- 7-9 Park and Recreation Land and School Site Dedication of the Unified Development Ordinance related to criteria and formula for determining the minimum required park and recreation and school site dedication. The proposed text amendment will revise Table 10-7-9(A)(1): Parkland Dedication Requirements, Table 10-7-9(B)(1): School Dedication Requirements and Table 10-7-9(D): Estimated Population Per Dwelling Unit within the United City of Yorkville's Unified Development Ordinance. (See Court Reporter's Transcript) Since there was no further testimony or comment regarding this Hearing, a motion to close the Public Hearing was made by Mr. Forristall, (no second) at approximately 7:11pm. Roll call: Williams-yes, Forristall-yes, Hyett-yes, Millen-yes. Carried 4-0. Unfinished Business None New Business (out of sequence) 6. PZC 2024-13 United City of Yorkville. A motion was made by Mr. Hyett and seconded by Mr. Millen to move Item #6, PZC 2024-13, amendment, to be the first item under New Business. Roll call: Williams-yes, Forristall-yes, Hyett-yes, Millen-yes. Carried 4-0. Action Item Text Amendment There was no discussion and Mr. Millen moved and Mr. Forristall seconded the motion to approve PZC 2024-13 Text Amendment regarding Park and Recreation Land and School Site Dedication. Roll call: Williams-yes, Forristall-yes, Hyett-yes, Millen-yes. Carried 4-0. (resume agenda as printed) 1. PZC 2024-07 Kelaka, LLC, Green Door Capital (moved to June 12th PZC meeting) 2. PZC 2024-08 Hagemann Trust, Green Door Capital (moved to June 12th PZC meeting) 3. PZC 2024-09 Kendall County Petition 24-04 Larry Nelson, petitioner, on behalf of the Fox Valley Family YMCA, Inc. (owner), is requesting site plan approval to construct a YMCA recreational facility, parking and related infrastructure to a property at 1520 Cannonball Trail in Bristol Township. The real property is located at the southeast corner of Cannonball Trail and Galena Road in unincorporated Kendall County. Discussion: Ms. Noble presented the background for this 1.5 Mile Review. Mr. Nelson wishes to build a new facility in unincorporated area, which was previously annexed in Page 3 of 4 2001 and de-annexed in 2020. The petitioner acquired the property in 2015. Currently it has B-4 zoning. The facility would be built in 2 phases and she described the amenities. The city engineer had some questions regarding stormwater management and staff noted that the facility would be served by septic and well. There are existing water main and sanitary sewer hookups adjacent to the property. If the project moves forward, staff will re-evaluate the Comprehensive Plan. Commissioner Hyett asked if Cannonball Trail will be re-directed due to accidents and Mr. Asselmeier said Cannonball and Dickson Rd. will be aligned. Mr. Williams briefly commented about the facility having their own water systems. Action Item 1.5 Mile Review Commissioner Williams entertained a motion of approval for PZC 2024-09 YMCA, Kendall County Petition 24-04. So moved by Mr. Hyett and seconded by Mr. Millen. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Williams-yes. Carried 4-0. 4. PZC 2024-10 Kendall County Petition 24-05 George S. and Heidi R. Oliver are requesting approval of a Plat of Vacation to vacate the public easements between two (2) parcels (Lots 223 and 224) within the Whitetail Ridge subdivision. The real property is located at 7709 and 7731 Bentgrass Circle in unincorporated Kendall County. Discussion: Ms. Mendez provided background for this petition. The petitioners are seeking a Plat of Vacation on the 10-foot drainage and utility easement on the 2 parcels located in the Whitetail subdivision, where they plan to construct a house. The HOA and city staff are OK with this. Action Item 1.5 Mile Review There was no discussion by the Commissioners and a motion was made by Mr. Hyett and seconded by Mr. Millen to approve this petition PZC 2024-10, county petition 24-05. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Williams-yes. Carried 4-0. 5. PZC 2024-11 Kendall County Petition 24-06 Jerry Styrczula, petitioner, on behalf of A&D Properties, LLC is requesting approval of a map amendment (rezoning) 16.4 +/- acres located on the west side of Route 47, commonly known as address 7789 Route 47, from B-3 Highway Business District to M-1 Limited Manufacturing District. The purpose of the request is to operate a trucking business for the sale and storage of semi- trailers, small trailers, semi-tractors and similar uses at the subject property. Discussion: Ms. Mendez provided the background and said the petitioner, Jerry Styrczula, is seeking a map amendment to rezone from B-3 to M-1 for a trucking business. There are 2 parcels totaling 16.4 acres with 2 existing buildings. The petitioner would be selling semi-trailers only (a change from previously submitted information). She described the property and said a new site plan is being compiled. An amendment was also made to the Kendall County Land Use Plan. Attorney Kramer commented Page 4 of 4 briefly and said the project would provide a large amount of tax to the school district and he asked for a positive recommendation. Action Item 1.5 Mile Review It was moved and seconded by Mr. Hyett and Mr. Forristall, respectively, to approve the map amendment (rezoning) of this project, PZC 2024-11, Kendall County petition 24-06. Roll call: Forristall-yes, Hyett-yes, Millen-yes, Williams-yes. Carried 4-0. Additional Business 1. Appointment of Vice Chair Ms. Noble stated that the ordinance requires a Vice-Chairman be selected annually. Currently, Mr. Vinyard is serving as Vice-Chairman. A motion was made and seconded by Mr. Hyett and Mr. Millen, respectively, to move this selection to the June 12th meeting. Roll call: Hyett-yes, Millen-yes, Williams-yes, Forristall-yes. Carried 4-0. 2. City Council Action Updates a. PZC 2024-06 Corneils Road Solar, LLC. Ms. Noble said this item will be on the May 14th City Council agenda. They have had their Public Hearing with no objections and written comments were received from one individual. Adjournment There was no further business and the meeting was adjourned at 7:32pm on a motion by Mr. Hyett and second by Mr. Millen Unanimous voice vote approval. Respectfully submitted by Marlys Young, Minute Taker 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, May 8 , 2024 7 :00 p .m . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 2 PRESENT: Mr. Danny Williams, Chairman, Mr. Greg Millen, Mr. Rusty Hyett. Mr. Ryan Forristall. ALSO PRESENT: Ms. Krysti Barksdale-Noble, Community Development Director; Ms. Sara Mendez, Planner; Ms. Marlys Young, Minute Taker. - - - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 3 (WHEREUPON, the following proceedings were had in public hearing:) CHAIRMAN WILLIAMS: There are three public hearings scheduled for tonight's Planning and Zoning Commission meeting; however, the Petitioners for PZC 2024-0 7 and P Z C 2024-08 have not notified the surrounding property owners of the scheduled hearing. Therefore, the agenda items for the Kelaka and Hagemann Trust rezoning requests will not be open for discussion and testimony will not be taken at tonight's meeting. Due to the absence of required notification to property owners within 500 feet of the subject properties, may I have a motion to move the public hearing scheduled for PZC 2024-0 7 and PZC 2024-0 8 from May 8 th, 2024 Planning and Zoning Commission meeting until June 12th, 2024, Planning and Zoning Commission meeting at the same time and place as the originally planned hearing? MR. HYETT: I so move. CHAIRMAN WILLIAMS: I believe that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 4 was -- MS. YOUNG: Motion, so Hyett. MS. NOBLE: Seconded. MR. HYETT: I made the motion. MS. NOBLE: Oh, you made the motion. MR. HYETT: Yes. MR. MILLEN: Second. CHAIRMAN WILLIAMS: Sorry about that. Roll call vote on the motion, please. MS. YOUNG: Yes. Millen. MR. MILLEN: Yes. MS. YOUNG: Williams. CHAIRMAN WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: And Hyett. MR. HYETT: Yes. CHAIRMAN WILLIAMS: The public hearings for PZC 2024-0 7 and P Z C 2024-0 8 have been moved to the June 12th, 2024 Planning and Zoning Commission meeting. There is now one public hearing scheduled for tonight's Planning and Zoning Commission meeting. The purpose of this hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 5 is to invite testimony from members of the community 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 against the motion -- or for or 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, if anyone. You are also asked to sign in at the podium. If you plan to speak during tonight's public hearing as a petitioner or as a member of the public, please stand, raise your right hand, and repeat after me. Seeing as I don't believe there is anyone, I will move on from there. May I have a motion to open the public hearing on petition number PZC 2024-13, United City of Yorkville, for a text amendment to the Unified Development Ordinance? MR. MILLEN: So moved. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 6 CHAIRMAN WILLIAMS: Second, please? MR. FORRISTALL: Second. CHAIRMAN WILLIAMS: Thank you. Roll call vote on the motion, please. MS. YOUNG: Yes. Millen. MR. MILLEN: Yes. MS. YOUNG: Williams. CHAIRMAN WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: And Hyett. MR. HYETT: Yes. CHAIRMAN WILLIAMS: The public hearing up for discussion tonight is as follows: The United City of Yorkville, Petitioner, is proposing to amend Section 10-7 -9 , Park and Recreation Land and School Site Dedication of the Unified Development Ordinance related to criteria and formula for determining the minimum required park and recreation and school site dedication. The proposed text amendment will revise Tables 10-7 -9 (A )(1 ), Parkland Dedication Requirements; Table 10-7 -9 (B )(1 ), School 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 7 Dedication Requirements; and Table 7 -- I 'm sorry, Table 10-7 -9 (D ), Estimated Population Per Dwelling Unit within the United City of Yorkville's Unified Development Ordinance. Staff, please present on behalf of the city for PZC 2024-13, Text Amendment to the Yorkville Unified Development Ordinance. MS. NOBLE: Okay. Just a brief refresher if you all don't recall, last year, last couple of years , we were going through the Unified Development Ordinance process. It's a four-year process. Members of this committee were part of that advisory committee, and we came up with some modernization standards for our zoning ordinance and combining all of our development-related ordinances, and the land cash ordinance is one of those ordinances. So history about the land cash. In January, 1996 the city adopted its land cash ordinance, and that ordinance derived calculations based off of at that time the Illinois State Board of Education's recommendations for, you know, site criteria for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 8 a school, what would be a middle school ideal size, what would be the, you know, average population of residents that would utilize the middle school, like what are the school-age kids, and that information ended up becoming part of a formula of how we calculate the minimum acreage required to be dedicated for new residential developments. So every time a residential development comes in, we have a subdivision, we estimate based off of the unit type, if it's single family, if it's multi family, if it's a townhome, how many people will be generated from that site and how many would be school-age kids. So around that time there was a model that all communities used, it was called the Naperville model, and this is what we based off our standards, and that model was created or utilized the formula from 1993, so we adopted it in 1996 and we hadn't changed it in almost 30 years. So as a part of the UDO, we thought that there needed to be an update to the land cash methodology, and even the ordinance itself, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 9 the '9 6 ordinance, recognized that the formula for land cash dedication, a fee in lieu of, was going to be periodically renewed and updated, and hadn't been in 30 years. So we undertook that process and we created criteria and formulas based off of a 2010 model of the Illinois Capital Development Board. This is a board that regulates the construction of schools for Illinois, and most schools follow these standards when they are deciding to construct a new facility, how many students, what's the minimum acreage, that information. And so we researched other communities, and other communities use this technology as well. Some local around here would be Oswego, St. Charles, Joliet, Elgin, New Lenox, Woodridge, so on. So once we adopted it, a comparison was done on a random generic subdivision, and what we found was that the numbers ended up reducing the land dedication and the cash dedication required by half, so the current ordinance, if you look in the memo, there is a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 10 generic subdivision, residential subdivision, of about 1 0 0 single-family dwellings, 50 townhomes and 20 duplexes, so total 1 7 0 dwelling units. Under our previous ordinance, they would be required to -- the subdivision would have to dedicate about 5 .3 acres of land for park and 7 .1 acres of land for a school, and if they couldn't do that, then they would have to pay the equivalent of that, and the equivalent value for the park, that five-acre park, would be 5 37,000, and the equivalent of that seven-acre school site would be 7 17,000, so the c ity would collect for the park half a million and the school would collect about 700,000. Well, under our new formula, the school would collect about $350,000 or 3 .5 acres of land, which nothing can be done with three acres of land for a school, and the city would get about 2 .8 acres for a park, or about 280 acres -- $288,000 for cash donation. With this in mind, we felt that it would be best to revisit this and do a deeper dive, one more specific to Yorkville rather than using a formula that everyone has used over a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 11 couple of years because of the impact it had on development, and so some developments have fee lots, so some would be subject to this regulation, some wouldn't . We just felt we would revert back to our original methodology and formula and then revisit this in the future and get a better understanding of what our population generation really is rather than use a model. So if you have any questions for me, I will be happy to answer them or we can wait until we get to the deliberation period. CHAIRMAN WILLIAMS: Thank you, Krysti. All right. Is there anyone present who wishes to speak in favor of the request? I 'm going to say no. (No response.) CHAIRMAN WILLIAMS: Is there anyone present who wishes to speak in opposition to the request? (No response.) CHAIRMAN WILLIAMS: Again, going to say no. Are there any questions from the petitioners at this time -- or I 'm sorry. Are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 12 there any questions from the commissioners at this time for the petitioner? (No response.) CHAIRMAN WILLIAMS: I figure we can just save them for open session later on. Since all public testimony regarding this petition has been taken, may I have a motion to close the taking of testimony in this public hearing? MR. MILLEN: So moved. MR. HYETT: So moved . CHAIRMAN WILLIAMS: Okay. Thank you. Roll call vote on the motion, please. MS. YOUNG: Williams. CHAIRMAN WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Hyett. MR. HYETT: Yes. MS. YOUNG: And Millen. MR. MILLEN: Yes. MS. YOUNG: Thank you. CHAIRMAN WILLIAMS: The public hearing portion of tonight's meeting is closed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 13 (Which were all the proceedings had in the public hearing portion of the meeting, concluding at 7 :12 p .m .) ---o 0 o --- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 14 STATE OF ILLINOIS ) ) SS: COUNTY OF LASALLE ) I , CHRISTINE M . VITOSH, a Certified Shorthand Reporter of the State of Illinois, do hereby certify: That previous to the commencement of any testimony heard, the witnesses were duly sworn to testify the whole truth concerning the matters herein; That the foregoing public hearing transcript, Pages 1 through 15, was reported stenographically by me by means of machine shorthand, was simultaneously reduced to typewriting via computer-aided transcription under my personal direction, and constitutes a true record of the testimony given and the proceedings had; That the said public hearing was taken before me at the time and place specified; That I am not a relative or employee or attorney or counsel, nor a relative or employee of such attorney or counsel for any of the parties hereto, nor interested directly or indirectly in the outcome of this action. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - May 8, 2024 15 I further certify that my certificate attached 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. IN WITNESS WHEREOF, I do hereunto set my hand at Leland, Illinois, this 10th day of May, 2024. __________________________________ CHRISTINE M. VITOSH, C.S.R. Certificate No. 084-02883 /s/