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Planning and Zoning Commission 2024 Packet 08-14-24 PLANNING AND ZONING COMMISSION AGENDA Wednesday, August 14, 2024 7:00 PM Yorkville City Hall Council Chambers 651 Prairie Pointe Drive Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: July 10, 2024 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2024-16 2551 N. Bridge St., Illinois Department of Transportation, petitioner, and B&K Enterprises, LLC, owners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a variance approval. The real property is located at 2551 N. Bridge St, Yorkville, Illinois and is generally located at the northwest corner of Route 47 and Cannonball Trail intersection. The petitioner is requesting a variance to permit the decrease of the minimum parking lot adjacent to an arterial roadway setback to 8.7 feet from the required 20 feet from the property line for the B-3 General Business District. 2. PZC 2024-17 United City of Yorkville, petitioner, is requesting a text amendment to Chapter 8. UDO Review and Approval Procedures within the United City of Yorkville’s Unified Development Ordinance. The proposed text amendment will revise and clarify general application requirements, board/commission review, and procedures related to petitions for text and map amendments, annexations, annexation agreements, and economic incentive/development agreements within the United City of Yorkville’s Unified Development Ordinance. Unfinished Business New Business 1. PZC 2024-16 2551 N. Bridge St., Illinois Department of Transportation, petitioner, and B&K Enterprises, LLC, owners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a variance approval. The real property is located at 2551 N. Bridge St, Yorkville, Illinois and is generally located at the northwest corner of Route 47 and Cannonball Trail intersection. The petitioner is requesting a variance to permit the decrease of the minimum parking lot adjacent to an arterial roadway setback to 8.7 feet from the required 20 feet from the property line for the B-3 General Business District. Action Item Variance United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Additional Business 1. City Council Action Updates a. PZC 2024-12 102 Worsley St., Steve Holland, petitioner/contract purchaser, and KCJ Restoration LLC, owners, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property is generally located south of east Main Street, immediately east of Worsley Street, and north of the Fox River in Yorkville, Illinois. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to R-2 Single Family Traditional Residence District, consisting of approximately 0.28 acres, commonly known as 102 Worsley Street. Additionally, the petitioner is requesting to decrease the minimum lot size for the R-2 Single-Family Traditional Residence District to less than the required 12,000 square feet. Action Item Rezone & Variance b. PZC 2024-14 Grande Reserve Units 10 & 11, The petitioner, D.R. Horton, Inc. - Midwest, is seeking Final Plat approval for an approximately 22-acre site consisting of 158 new residential townhome lots located east of Kennedy Road and south of the BNSF railroad in Units 10 and 11 of Grande Reserve subdivision. Action Item Final Plat Adjournment DRAFT Page 1 of 3 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, July 10, 2024 7:00pm Meeting Called to Order Chairman Richard Vinyard called the meeting to order at 7:00pm, roll was called and a quorum was established. Roll Call Greg Millen-yes, Richard Vinyard-yes, Danny Williams-yes, Ryan Forristall-yes, Reagan Goins-yes, Absent: Rusty Hyett City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner I Alexandria Sandoval, Intern Other Guests Lynn Dubajic Kellogg, City Consultant Chris Vitosh, Vitosh Reporting Service Steve Holland Kara Frieder, Parks & Rec. Peter St. Denis Doug Shannon, Gary R. Weber Associates, via Zoom D. Riendeau, Manhard Consulting, via Zoom Previous Meeting Minutes June 12, 2024 Motion by Mr. Williams and second by Ms. Goins to approve the minutes as presented. Roll call: Vinyard-yes, Williams-yes, Forristall-yes, Goins-yes, Millen-yes. Carried 5-0. Citizen’s Comments None Public Hearings Chairman Vinyard explained the procedure for the Hearing and swore in those persons who planned to present testimony during the Hearing. At approximately 7:02pm a motion was made and seconded by Mr. Williams and Ms. Goins, respectively, to open the Public Hearing. Roll call: Vinyard-yes, Williams-yes, Forristall-yes, Goins-yes, Millen-yes. Carried 5-0. Mr. Vinyard read the Hearing description. Page 2 of 3 1. PZC 2024-12 102 Worsley St., Steve Holland, petitioner/contract purchaser, and KCJ Restoration LLC, owners, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property is generally located south of east Main Street, immediately east of Worsley Street and north of the Fox River in Yorkville, Illinois. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to R-2 Single Family Traditional Residence District, consisting of approximately 0.28 acres, commonly known as 102 Worsley Street. Additionally, the petitioner is requesting to decrease the minimum lot size for the R-2 Single Family Traditional Residence District to less than the required 12,000 square feet. Testimony concluded at approximately 7:15pm and a motion was made by Mr. Williams and seconded by Ms. Goins to close the Public Hearing. Roll call: Williams-yes, Forristall-yes, Goins-yes, Millen-yes, Vinyard-yes. Carried 5-0. (See Court Reporter's Transcript of Hearing) (Petitioner also requested responses be entered into the official record) Unfinished Business None New Business 1. PZC 2024-12 102 Worsley St., (same as description above) Ms. Mendez recapped the request and said a multi-generational home is planned for the property. The property is 11,969 square feet which is slightly less than the required 12,000 square feet and is the reason Mr. Holland is seeking a variance. Rezoning is also requested to allow smaller setbacks to accommodate the home design. Staff did have some concerns about the structure being multi-tenant, however, Code Official Pete Ratos said the defining factor is the inter-connectivity of this space with the main staircase in the middle of the home. The zoning being requested is similar to the zoning nearby. Ms. Mendez said staff supports the request. Chairman Vinyard reiterated that the request is for both rezoning and a variance. Action Item Rezone and Variance Chairman Vinyard reviewed the rezoning standards. A motion was made by Mr. Williams and seconded by Mr. Millen to approve PZC 2024-12, 102 Worsley St., rezoning and variance. Roll call: Forristall-yes, Goins-yes, Millen-yes, Vinyard-yes, Williams-yes. Carried 5-0. 2. PZC 2024-14 Grande Reserve Units 10 & 11. The petitioner, D.R. Horton, Inc. - Midwest, is seeking Final Plat approval for an approximately 22-acre site consisting of 158 new residential townhome lots located east of Kennedy Road and south of the BNSF railroad in Units 10 and 11 of Grande Reserve subdivision. Attorney Steve Bauer of D.R. Horton was present and gave a PowerPoint presentation of the request for Final Plat and Architectural Approval. He said D.R. Horton is the contract purchaser. He said Unit 11 will have front-loaded townhomes and Unit 10 will have rear-loaded with a total of 312 units. Page 3 of 3 Ms. Noble added that this project was originally approved in 2003 and the layout is similar. She noted that the street name, McMurtrie Way, is already a street name in the Bristol Bay subdivision. This name may have to be changed and Kendall County, KenCom and the developer will be consulted. The original Annexation Agreement calls for the cul-de-sacs to have their snow plowed by the HOA, not the city. The final version of the HOA will be presented to City Council. Ms. Noble said credit is given for major architectural considerations. Photos presented to the Commissioners illustrated these upgrades. The city engineer had comments and Ms. Noble asked that these be added to the motion. This item will come back before City Council for establishment of a dormant SSA. The SSA is for the common areas, in the event the HOA fails to maintain these areas. Action Item Final Plat Mr. Williams moved and Mr. Millen seconded a motion to approve PZC Grande Reserve Units 10 & 11. The motion was read as follows by Mr. Williams: In consideration of the proposed Final Plat of Subdivision of Grande Reserve Units 10A and 11A, the Planning and Zoning Commission recommends approval of the plats to the City Council as presented by the Petitioner in plans prepared by Manhard Consulting, Ltd. dated last revised 4-29-2024, subject to review comments provided by the City Engineer, EEI, Inc. dated April 16, 2024 and June 12, 2024 and further subject to the elevations and appearance codes as presented during the PZC Hearing on July 10, 2024 by staff. Roll call: Forristall-yes, Goins-yes, Millen-yes, Vinyard-yes, Williams-yes. Carried 5-0. Additional Business Community Development Intern Alexandria Sandoval reported on the following petitions from previous PZC meetings. 1. City Council Action Updates a. PZC 2024-07 Kelaka, LLC b. PZC 2024-08 Hagemann Trust For these 2 items, City Council will conduct an additional Public Hearing on the annexation request at their July 23rd meeting and will be considered for a vote at their August 13th City Council meeting c. PZC 2024-15 C1 Yorkville, LLC was approved at the July 9th City Council meeting. Adjournment There was no further business and the meeting was adjourned at 7:42pm on a motion by Mr. Williams, seconded by Ms. Goins and approved on a unanimous voice vote. 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 Hearing - July 10, 2024 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, July 10, 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 Hearing - July 10, 2024 2 PRESENT: Mr. Rich Vinyard, Chairman, Mr. Danny Williams, Ms. Reagan Goins, Mr. Greg Millen, Mr. Ryan Forristall. ALSO PRESENT: Ms. Krysti Barksdale-Noble, Community Development Director; Ms. Sara Mendez, Planner; Ms. Marlys Young, Minute Taker; Ms. Alexandria Sandoval, Intern. - - - - - I N D E X WITNESS:PAGE: STEVE HOLLAND 6 PETER ST. DENIS 8 - - - - - 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 - July 10, 2024 3 (WHEREUPON, the following proceedings were had in public hearing:) CHAIRMAN VINYARD: So there is one public hearing scheduled f or tonight's Planning and Zoning Commission meeting. The purpose of this hearing is to invite testimony from members of the public regarding the proposed requests that are being considered before this commission tonight. Public testimony from persons present who wish to speak may be 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, who you represent. 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. (Witnesses sworn.) CHAIRMAN VINYARD: Thank you. You guys 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 - July 10, 2024 4 can be seated. All right. So the order for receiving testimony during the public hearing will be as follows: The petitioner's presentation, followed by those who wish to speak in favor of the request and then those who wish to speak in opposition of the request. So may I have a motion to open the public hearing on Petition Number PZC 2024-12, 102 Worsley Street, requesting rezoning classification and variance? MR. WILLIAMS: So moved. MS. GOINS: Second. CHAIRMAN VINYARD: Roll call vote. MS. YOUNG: Yes. Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Williams. MR. WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Goins. MS. GOINS: Yes. MS. YOUNG: And Millen. MR. MILLEN: Yes. CHAIRMAN VINYARD: Okay. So the public 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 - July 10, 2024 5 hearing up for tonight's discussion is as follows: PZC 2024-12, 102 Worsley Street, Steve Holland, petitioner/contract purchaser, and K C J Restorations, LLC, owners, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property is generally located south of East Main Street, immediately east of Worsley Street and north of the Fox River in Yorkville, Illinois. The petitioner is requesting rezoning approval from R -1 Single-Family Suburban Residential District to R -2 Single-Family Traditional Residence District, consisting of approximately 0 .28 acres commonly known as 102 Worsley Street. Additionally, the petitioner is requesting to decrease the minimum lot size for the R -2 Single-Family Traditional Residence District to less than the required 12,000 square feet. Are you prepared to present? MR. HOLLAND: Sure. 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 - July 10, 2024 6 STEVE HOLLAND, having been first duly sworn, testified from the podium as follows: MR. HOLLAND: Hello. My name is Steve Holland and I am asking to rezone the property. The property is -- Sara, are you going to bring it up? MS. MENDEZ: Yes. MR. HOLLAND: The property has been deserted for almost 20 years. There has been a house that's torn down, there was a garage that I recently tore down. Absolutely unsafe. I bumped into it, it was shaking. I didn't want it falling on someone. My intentions are to excavate the property and put a container home on it, seven bedrooms, seven bath home, so it will be a beautiful place. As you see -- thank you, Sara. Can I walk over there? CHAIRMAN VINYARD: Yes. MS. NOBLE: Take the microphone with you so people can hear you as you talk. MR. HOLLAND: As you see, the property is off of Gawne Lane. Next to it is Worsley 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 - July 10, 2024 7 Street, which I would love to get annexed if the village would let me, and then to the right of it, one of my neighbors is here tonight, hello there, and to the left of it, Dave, wanted to be here in support of what we are doing, but he is out of town. Currently this property here, I 'll just call it Dave, his setback off this street is 11 feet, and then to the right, Peter, his setback is about nine and a half feet off the street. That being said, we are required to go 30 feet off of this street. We were asking that we have some sort of variance there. We think it's kind of extreme. After all, this house is up here, the next house is up here and we are going to be pushed back. And that being said, we are asking to rezone the property because I believe in my opinion it was zoned inappropriately. I mean, as you state, the lot is only 10,000 square feet, and it should have been zoned R -1 from the start. Anything else? Any questions? (No response.) 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 - July 10, 2024 8 MR. HOLLAND: Did I do everything right? Did I answer all my questions? MR. VINYARD: You did fine. MR. HOLLAND: That was my first time doing this, so -- CHAIRMAN VINYARD: You did fine. MR. HOLLAND: Okay. CHAIRMAN VINYARD: Is there anyone present who wishes to speak in favor of the request? (No response.) CHAIRMAN VINYARD: Do you wish to speak tonight? MR. ST. DENIS: Yes. CHAIRMAN VINYARD: In favor of the request? MR. ST. DENIS: No. CHAIRMAN VINYARD: Okay. Is there anyone who wishes to speak in opposition to the request? MR. ST. DENIS: Yes. CHAIRMAN VINYARD: Okay. PETER ST. DENIS, having been first duly sworn, testified from 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 - July 10, 2024 9 podium as follows: MR. ST. DENIS: What is it zoned now by the way? MS. MENDEZ: Right now the zoning is R -1 Single-Family Suburban Residence District and Steve Holland is looking to rezone the property to R -2 Single-Family Traditional Residence District. MR. ST. DENIS: Okay. R -2 is like a two-flat? MS. MENDEZ: It's typically a single-family home, so it can be more than a two-flat as long as it meets the requirements of the single-family instead of a multi-family. MR. ST. DENIS: Okay. I don't think we really need a seven bedroom house on a tiny lot like that, 11 feet away from my property. I just saw it on the plan you have up there. Steve is a contractor and he says he is going to live there, but contractors buy lots, build houses and move on. He's got two other lots that he can build houses on. Maybe he should build one house on each lot. We've already -- the lots up 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 - July 10, 2024 10 hill has already been changed by the neighbors, we have all said no problem, from one house being on that whole area to two. We didn't have a problem with that. With building this McMansion right next to me, I don't care for it. And in the past when the house was still there, less than 20 years ago, the lady that owned it rented it out because she got married and moved to Michigan, and she had some tenants in there that had a family of six, which is no problem except that they rented out rooms and eventually there were 14 people living there, and there is not parking for 14 people and there is not parking for seven people that are driving cars. I don't think this -- also, the houses in the area are small. Mine is a bungalow, my next-door neighbor's is a bungalow, et cetera, et cetera, et cetera. I don't mind going a little larger than that, but this is too big. Also, these are some things that I have noticed. The signs for this meeting were displayed like this, laying on the ground. There 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 - July 10, 2024 11 are a whole bunch of them, you can leaf through them. I will give them to you. CHAIRMAN VINYARD: Sure. MR. ST. DENIS: That shows that you are not able to see them from neighboring properties, and they were only up there for a little less than two weeks. I believe they are supposed to have them up for a month, but I 'm not sure about that. Secondly, there is some sort of a shed built on one of the other lots and there is someone living in the shed. There is no electricity, there is no toilet facilities. There might be plumbing. I don't know where they would get the water from. MS. NOBLE: Can you keep your comments on the microphone? MR. ST. DENIS: Okay. If Steve is already renting out a shed that is an improperly zoned unit, what guarantees do we have that he is going to obey it in the future and not just turn it into an apartment building? Probably an illegal one, but I don't know about that. I don't know the laws on those. 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 - July 10, 2024 12 So I would say no, make it a little smaller and move it away from my house a little bit, center it on the lot. I don't mind the fact that he wants to put it closer to the street, that's not an issue. I would like to see it away from my house a little bit so I can get sunlight on that side. His structure is supposed to be like three stories tall. That's a little big, too. If you want to make one story a basement, I can live with that, but this is just too big for that little tiny lot. That's all I have. CHAIRMAN VINYARD: Thank you. Are there any questions from the commissioners for the petitioner? MR. WILLIAMS: I guess -- so my confusion is -- Are these the pictures of what you would like to construct? CHAIRMAN VINYARD: No, no, no. MS. NOBLE: No, that's for the second. MR. WILLIAMS: That's why I am very confused. I was apologize. I have no questions. CHAIRMAN VINYARD: Anybody else? Gregg ? MR. MILLEN: So multi-generational, 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 - July 10, 2024 13 explain that in a little bit more detail. MS. MENDEZ: I can. MS. NOBLE: Steve, you can go and then Sara can. MR. HOLLAND: Sure. It's a beautiful location, and it being a beautiful location and me having two sets of parents and then stepparents and my girlfriend having two sets of parents, we also have five children together, but we anticipate the children leaving sometime as I already have two that have moved on, one that's wanted to come home, but we would like to move our parents in, and somewhere throughout all of this it was a what-if, and actually we started that, Krysti and I . Am I saying that right, Krysti? What if I made it like my parents lived with me, residential assisted living, and then their insurance could pay for their care, is there any rules on that. I think we researched that and there aren't any, so it's just me moving my parents in potentially down the road. Somewhere in all of that, multi-generational came. 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 - July 10, 2024 14 Does that answer the question? MS. MENDEZ: Yes. So multi-generational homes typically house more than one family, so it can be like a set of grandparents and then their set of children and then another set of children, so it's not where we see strangers living together as in a multi-tenant unit building, it's more so in the family a multi-generational building. MS. NOBLE: We also had the building code official look at the plans because we didn't want this to be in the future converted into multi-tenant land use, so he reviewed the architectural plans, and there is copies in your packet showing that although each level has some kind of self-contained portions, like multiple -- there is a kitchen on each level, bathroom on each level, there is no interior barrier that would cordon off the units, so there is a continual core, it's utilized as a house. It's no different than someone having a basement apartment for a relative in their single-family home. As long as there is no separate entrance, separate utilities being pulled, then it's 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 - July 10, 2024 15 appropriate and under our code. MR. MILLEN: Okay. CHAIRMAN VINYARD: Any other questions? Please. MR. FORRISTALL: This is a container home? MR. HOLLAND: Yes. I know, it's different. Essentially if you had several children you would pray as I did to have one bedroom and one bath for every single one of them and then I found a way to do it. MR. FORRISTALL: Interesting. CHAIRMAN VINYARD: Anybody else? MR. WILLIAMS: It sounds like, do you plan on living at that house long-term? Do you have any plans on turning it into investment real estate or rentals? MR. HOLLAND: No. My intention is to make it a single-family home and live in it. CHAIRMAN VINYARD: Anybody else? (No response.) CHAIRMAN VINYARD: All right. Since all public testimony regarding the petition has been taken , may I have a motion to close the taking of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - July 10, 2024 16 testimony and this public hearing? MR. WILLIAMS: So moved. MS. GOINS: Second. CHAIRMAN VINYARD: Roll call vote on the motion, please. MS. NOBLE: Oh, I 'm sorry, before we do that, can you ask the petitioner if they want their responses entered into the record? CHAIRMAN VINYARD: Would you like your responses to our standards entered into the record? MR. HOLLAND: Yes, please. CHAIRMAN VINYARD: Okay. MS. YOUNG: Roll call? CHAIRMAN VINYARD: Roll call, please. MS. YOUNG: Williams. MR. WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Goins. MS. GOINS: Yes. MS. YOUNG: Millen. MR. MILLEN: Yes. MS. YOUNG: And Vinyard. 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 - July 10, 2024 17 CHAIRMAN VINYARD: Yes. Okay. The public hearing portion of tonight's meeting is now closed. (Which were all the proceedings had in the public hearing portion of the meeting, concluding at 7 :17 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 Hearing - July 10, 2024 18 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 19, 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 Hearing - July 10, 2024 19 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 15th day of July, 2024. __________________________________ CHRISTINE M. VITOSH, C.S.R. 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5:1 displayed [1] - 10:24 District [5] - 5:14, 5:15, 5:21, 9:5, 9:8 door [1] - 10:18 down [3] - 6:11, 6:12, 13:23 Drive [1] - 1:17 driving [1] - 10:14 duly [3] - 6:2, 8:24, 18:7 during [2] - 3:19, 4:2 E East [1] - 5:9 east [1] - 5:10 electricity [1] - 11:13 employee [2] - 18:20, 18:21 entered [2] - 16:8, 16:10 entrance [1] - 14:23 essentially [1] - 15:8 estate [1] - 15:17 et [3] - 10:19 eventually [1] - 10:12 excavate [1] - 6:15 except [1] - 10:11 explain [1] - 13:1 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - July 10, 2024 1 extreme [1] - 7:15 F facilities [1] - 11:13 fact [1] - 12:3 falling [1] - 6:14 Family [5] - 5:13, 5:14, 5:20, 9:5, 9:7 family [8] - 9:12, 9:14, 10:10, 14:3, 14:8, 14:22, 15:19 favor [3] - 4:5, 8:9, 8:15 feet [6] - 5:22, 7:9, 7:10, 7:13, 7:21, 9:17 filed [1] - 5:4 fine [2] - 8:3, 8:6 first [3] - 6:2, 8:4, 8:24 five [1] - 13:9 flat [2] - 9:10, 9:13 followed [1] - 4:4 following [1] - 3:1 follows [4] - 4:3, 5:2, 6:3, 9:1 foregoing [1] - 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13:6 long-term [1] - 15:15 look [1] - 14:11 looking [1] - 9:6 love [1] - 7:1 M machine [1] - 18:12 Main [1] - 5:9 Marlys [1] - 2:13 married [1] - 10:9 matters [1] - 18:9 McMansion [1] - 10:4 mean [1] - 7:20 means [1] - 18:12 meeting [4] - 3:6, 10:23, 17:2, 17:6 meets [1] - 9:13 member [1] - 3:21 members [1] - 3:8 Mendez [1] - 2:12 MENDEZ [5] - 6:8, 9:4, 9:11, 13:2, 14:2 Michigan [1] - 10:9 microphone [2] - 6:21, 11:17 might [1] - 11:14 MILLEN [4] - 4:23, 12:24, 15:2, 16:23 millen [1] - 16:22 Millen [2] - 2:5, 4:22 mind [2] - 10:19, 12:3 mine [1] - 10:17 minimum [1] - 5:19 Minute [1] - 2:13 month [1] - 11:8 motion [3] - 4:7, 15:24, 16:5 move [3] - 9:21, 12:2, 13:12 moved [4] - 4:11, 10:9, 13:11, 16:2 moving [1] - 13:22 MR [35] - 4:11, 4:17, 4:19, 4:23, 5:24, 6:4, 6:9, 6:23, 8:1, 8:3, 8:4, 8:7, 8:14, 8:17, 8:21, 9:2, 9:9, 9:15, 11:4, 11:18, 12:16, 12:21, 12:24, 13:5, 15:2, 15:5, 15:7, 15:12, 15:14, 15:18, 16:2, 16:12, 16:17, 16:19, 16:23 MS [26] - 4:12, 4:14, 4:16, 4:18, 4:20, 4:21, 4:22, 6:8, 6:21, 9:4, 9:11, 11:16, 12:20, 13:2, 13:3, 14:2, 14:10, 16:3, 16:6, 16:14, 16:16, 16:18, 16:20, 16:21, 16:22, 16:24 multi [7] - 9:14, 12:24, 13:24, 14:2, 14:7, 14:8, 14:13 multi-family [1] - 9:14 multi-generational [4] - 12:24, 13:24, 14:2, 14:8 multi-tenant [2] - 14:7, 14:13 multiple [1] - 14:16 N name [2] - 3:17, 6:4 need [1] - 9:16 neighbor's [1] - 10:18 neighboring [1] - 11:5 neighbors [2] - 7:3, 10:1 next [4] - 6:24, 7:16, 10:5, 10:18 next-door [1] - 10:18 nine [1] - 7:10 Noble [1] - 2:10 NOBLE [6] - 6:21, 11:16, 12:20, 13:3, 14:10, 16:6 north [1] - 5:10 noticed [1] - 10:23 Number [1] - 4:8 O obey [1] - 11:21 OF [3] - 1:6, 18:1, 18:2 official [1] - 14:11 one [13] - 3:4, 3:16, 7:3, 9:23, 10:2, 11:11, 11:23, 12:10, 13:11, 14:3, 15:9, 15:10 open [1] - 4:7 opinion [1] - 7:20 opposition [2] - 4:6, 8:19 order [1] - 4:1 original [1] - 19:2 outcome [1] - 18:24 owned [1] - 10:8 owners [1] - 5:4 P p.m [2] - 1:22, 17:7 packet [1] - 14:15 PAGE [1] - 2:19 Pages [1] - 18:11 parents [5] - 13:7, 13:9, 13:13, 13:17, 13:22 parking [2] - 10:13, 10:14 parties [1] - 18:23 past [1] - 10:6 pay [1] - 13:19 people [4] - 6:22, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - July 10, 2024 2 10:12, 10:13, 10:14 personal [1] - 18:15 persons [2] - 3:11, 3:15 PETER [2] - 2:21, 8:23 Peter [1] - 7:9 Petition [1] - 4:8 petition [1] - 15:23 petitioner [6] - 3:13, 3:20, 5:12, 5:18, 12:15, 16:7 petitioner's [1] - 4:3 petitioner/contract [1] - 5:3 pictures [1] - 12:17 place [2] - 6:18, 18:19 plan [3] - 3:19, 9:18, 15:15 Planner [1] - 2:12 Planning [1] - 3:5 PLANNING [1] - 1:10 plans [3] - 14:11, 14:14, 15:16 plumbing [1] - 11:14 podium [3] - 3:18, 6:3, 9:1 Pointe [1] - 1:17 portion [2] - 17:2, 17:5 portions [1] - 14:16 potentially [1] - 13:23 Prairie [1] - 1:17 pray [1] - 15:9 prepared [1] - 5:23 present [3] - 3:12, 5:23, 8:9 PRESENT [2] - 2:1, 2:9 presentation [1] - 4:4 previous [1] - 18:6 problem [3] - 10:2, 10:4, 10:11 proceedings [3] - 3:2, 17:4, 18:17 properties [1] - 11:5 property [10] - 5:8, 6:5, 6:6, 6:9, 6:16, 6:23, 7:7, 7:19, 9:6, 9:17 proposed [1] - 3:9 PUBLIC [1] - 1:11 public [15] - 3:2, 3:5, 3:8, 3:11, 3:20, 3:21, 4:2, 4:8, 4:24, 15:23, 16:1, 17:2, 17:5, 18:10, 18:18 pulled [1] - 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6:2, 8:24 testify [2] - 3:15, 18:8 testimony [7] - 3:8, 3:11, 4:2, 15:23, 16:1, 18:7, 18:16 thereof [1] - 19:3 three [1] - 12:9 throughout [1] - 13:13 tiny [2] - 9:16, 12:12 together [2] - 13:9, 14:7 toilet [1] - 11:13 tonight [3] - 3:10, 7:3, 8:13 tonight's [4] - 3:5, 3:20, 5:1, 17:2 tore [1] - 6:12 torn [1] - 6:11 town [1] - 7:6 Traditional [3] - 5:15, 5:20, 9:7 transcript [2] - 18:11, 19:3 transcription [1] - 18:14 true [1] - 18:16 truth [1] - 18:8 turn [1] - 11:21 turning [1] - 15:16 two [8] - 9:10, 9:13, 9:21, 10:3, 11:7, 13:7, 13:8, 13:11 two-flat [2] - 9:10, 9:13 typewriting [1] - 18:14 typically [2] - 9:11, 14:3 U under [4] - 15:1, 18:15, 19:4, 19:6 unit [2] - 11:20, 14:7 UNITED [1] - 1:6 United [1] - 5:5 units [1] - 14:19 unsafe [1] - 6:12 up [8] - 5:1, 6:7, 7:16, 9:18, 9:24, 11:6, 11:8 utilities [1] - 14:24 utilized [1] - 14:20 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - July 10, 2024 3 V variance [2] - 4:10, 7:14 via [1] - 18:14 village [1] - 7:2 VINYARD [26] - 3:4, 3:24, 4:13, 4:15, 4:24, 6:20, 8:3, 8:6, 8:8, 8:12, 8:15, 8:18, 8:22, 11:3, 12:13, 12:19, 12:23, 15:3, 15:13, 15:20, 15:22, 16:4, 16:9, 16:13, 16:15, 17:1 Vinyard [3] - 2:2, 4:14, 16:24 VITOSH [2] - 18:3, 19:13 vote [2] - 4:13, 16:4 W walk [1] - 6:19 wants [1] - 12:4 water [1] - 11:15 Wednesday [1] - 1:21 weeks [1] - 11:7 what-if [1] - 13:14 WHEREOF [1] - 19:7 WHEREUPON [1] - 3:1 whole [3] - 10:3, 11:1, 18:8 WILLIAMS [7] - 4:11, 4:17, 12:16, 12:21, 15:14, 16:2, 16:17 Williams [3] - 2:3, 4:16, 16:16 wish [4] - 3:12, 4:4, 4:5, 8:12 wishes [2] - 8:9, 8:19 wishing [1] - 3:15 WITNESS [2] - 2:19, 19:7 witnesses [2] - 3:23, 18:7 Worsley [5] - 4:9, 5:2, 5:10, 5:17, 6:24 Y years [2] - 6:10, 10:7 YORKVILLE [2] - 1:6, 1:7 Yorkville [3] - 1:18, 5:5, 5:11 YOUNG [11] - 4:14, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearing - July 10, 2024 4 4:16, 4:18, 4:20, 4:22, 16:14, 16:16, 16:18, 16:20, 16:22, 16:24 Young [1] - 2:13 Z zoned [4] - 7:20, 7:22, 9:2, 11:20 ZONING [1] - 1:10 zoning [1] - 9:4 Zoning [1] - 3:6 SUMMARY: Gregg Ingemunson, attorney on behalf of the petitioners, the Illinois Department of Transportation (IDOT) and B&K Enterprises, LLC, property owner, are seeking variance approval to permit the decrease of the minimum parking lot setback adjacent to an arterial roadway in the B-3 General Business District from the required twenty (20) feet to 8.7 feet from the property line. The real property is located at 2551 N Bridge Street on the west side of Bridge Street (Illinois Route 47) and north of Cannonball Trail. Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: August 2, 2024 Subject: PZC 2024-16 2551 N Bridge Street (Variance) – Reduction in Minimum Parking Lot Setback PROPERTY BACKGROUND: The property is zoned B-3 General Business District and is currently owned by B&K Enterprises, LLC. The parcel is approximately 1.5 acres in area with an approximate 9,200 square foot office building occupied by Midwest Environmental Consulting Services, LLC, an environmental consultant firm. The structure has one (1) port cochere on the property, which was previously used for drive-up teller banking by the prior tenant. The following are the current immediate surrounding zoning and land uses. Zoning Land Use North B-3 General Business District Multi-Tenant Commercial Building South Kendall County Unincorporated Single-Family Residential East M-1 Limited Manufacturing District Wrigley Manufacturing West B-3 General Business District Kendall County Unincorporated Multi-Tenant Commercial Building Single-Family Residential At the time of initial final plat approval for the parcel in 2006, the site met the bulk regulation for the B-3 General Business District. PROJECT DESCRIPTION: Due to the Illinois Department of Transportation’s (IDOT) pending acquisition of land adjacent to this parcel for roadway reconstruction and widening of Illinois Route 47, the petitioners are seeking to decrease the minimum parking lot setback adjacent to an arterial roadway from the required twenty (20) feet for the B-3 General Business District, as stated in section 10-3-9-A.4 of the Unified Development Ordinance, to 8.7 feet, as illustrated in the site plan below. Although the petitioners would not be meeting the required parking lot setback, they would still meet the minimum parking stall requirement for the professional services/office, as illustrated in the table below. Required Parking Stalls Minimum Parking Stall Pre-Take Parking Stalls Post-Take Parking Stalls Net Loss 2 Parking Stalls/1,000 SF Building 16 37 33 4 COMPREHENSIVE PLAN: Yorkville’s 2016 Comprehensive Plan designation for this property is Destination Commercial. This land use is intended for small to medium scale office and auto-oriented commercial uses near residential areas. Therefore, this land use is consistent with Yorkville’s Comprehensive Plan. STAFF COMMENTS: Staff is supportive of the request to decrease the minimum parking lot setback adjacent to an arterial roadway from the required 20 feet to 8.7 feet. Per section 10-8-9-B.7 of the Unified Development Ordinance, certain authorized variances can be granted solely by the Planning and Zoning Commission if the variance occurs under certain circumstances. One such circumstance states “To exceed any of the authorized Variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one (1) or more of the regulations of the district in which said lot of record or zoning lot or structure is located.” Therefore, the authorized variation allows for the Planning and Zoning Commission to have final approval of the request due to the exercise of condemnation proceedings to the Illinois Department of Transportation. This request is tentatively scheduled for a public hearing on August 14, 2024 for variance consideration before the Planning and Zoning Commission. The final determination of the Planning and Zoning Commission will be provided by staff at the tentatively scheduled City Council meeting on August 27, 2024. Staff is seeking input and comments from the Economic Development Committee. PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on August 14, 2024 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to permit the decrease of the minimum parking lot setback adjacent to an arterial roadway in the B-3 General Business District from the required twenty (20) feet to 8.7 feet from the property line, as stated in section 10-3-9-A.4 of the Unified Development Ordinance for the property located at 2551 N Bridge Street and further subject to {insert any additional conditions of the Planning and Zoning Commission}… ATTACHEMENTS: 1. Application 2. Plat of Survey 3. Public Hearing Notice Print using Adobe® Reader®'s "Actual size" setting r150 1/1 4/30/2024 11:51:41 AM PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLANNING & ZONING COMMISSION PZC 2024-16 NOTICE IS HEREWITH GIVEN THAT the Illinois Department of Transportation, petitioner, and B&K Enterprises, LLC, owners, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a variance approval. The real property is located at 2551 N Bridge St, Yorkville, Illinois and is generally located at the northwest corner of Route 47 and Cannonball Trail intersection. The petitioner is requesting a variance to permit the decrease of the minimum parking lot adjacent to an arterial roadway setback to 8.7 feet from the required 20 feet from the property line for the B-3 General Business District. The legal description is as follows: LOT 4 IN XPAC SUBDIVISON BEING A PART OF SECTION 16 AND 21, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDAN ALL ACCORDING TO THE PLAT 20060001353 RECORDED 1/12/06, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, SITUATED IN THE COUNTY OF KENDALL, ILLINOIS. PIN: 02-21-101-021 A copy of the application is available for review during normal City business hours at the office of the Community Development Director. NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, August 14, 2024 at 7:00 pm at the United City of Yorkville, City Council Chambers, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville Community Development Department, City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. Jori Behland Deputy City Clerk Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7667510 Purchase Order: 2551 N Bridge St, State of Illinois - Kane Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 7/17/2024, and the last publication of the notice was made in the newspaper dated and published on 7/17/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Jul 17, 2024. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 18th Day of July, 2024, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 1 Due to the premature publication of the public hearing notice in the July 29th edition of the Beacon Newspaper, staff requests that the public hearing for this agenda item be opened and then continued to the Planning and Zoning Commission meeting on September 11, 2024. This will allow additional time to refine the proposed changes to Chapter 8 of the Unified Development Ordinance before they are discussed publicly. Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: August 7, 2024 Subject: PZC 2024-17 Chapter 8: UDO Review & Approval Procedures Proposed Text Amendment