Planning and Zoning Commission Minutes 2024 08-14-24APPROVED 9/11/24
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PLANNING & ZONING COMMISSION
City Council Chambers
651 Prairie Pointe Drive, Yorkville, IL
Wednesday, August 14, 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
Ryan Forristall-yes, Greg Millen-yes, Marge Linnane-yes, Richard Vinyard-yes
Absent: Reagan Goins, Danny Williams, Rusty Hyett
City Staff
Krysti Barksdale-Noble, Community Development Director
Sara Mendez, Planner1
Other Guests
Lynn Dubajic Kellogg, City Consultant
Chris Vitosh, Vitosh Reporting Service
Gregg Ingemunson, Attorney
Previous Meeting Minutes July 10, 2024
Motion by Ryan Forristall and second by Greg Millen to approve the minutes as
presented. Roll call: Millen-yes, Linnane-yes, Vinyard-yes, Forristall-yes Carried 4-0.
Citizen’s Comments None
Public Hearings
Chairman Vinyard said there are 2 Public Hearings scheduled for tonight, however, PZC
2024-17 for a text amendment was published, but additional staff review and material is
needed. He asked for a motion to open the Hearing and continue it to the next PZC
meeting on September 11th. So moved by Mr. Forristall and seconded by Mr. Millen.
Roll call: Millen-yes, Linnane-yes, Vinyard-yes, Forristall-yes. Carried 4-0.
Chairman Vinyard explained the procedure for the Public Hearing, taking of testimony
and then swore in those who would present testimony.
A motion was made and seconded by Mr. Forristall and Mr. Millen, respectively, at
7:04pm, to open the Public Hearing. Roll call: Linnane-yes, Vinyard-yes, Forristall-
yes, Millen. Carried 4-0.
Page 2 of 3
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.
Attorney Gregg Ingemunson said the variance is to permit the decrease of the minimum
parking lot setback adjacent to an arterial roadway. The state is taking some of the land,
so the variance is being requested.
No further testimony was given so at approximately 7:05pm a motion was made by Mr.
Forristall and seconded by Mr. Millen to close the Public Hearing. Roll call: Linnane-
yes, Vinyard-yes, Forristall-yes, Millen-yes. Carried 4-0.
(See Court Reporter's transcript)
Unfinished Business None
New Business
1. PZC 2024-16 2551 N. Bridge St. (same as description above)
Ms. Mendez provided background for this petition and said Mr. Ingemunson is the
attorney for IDOT as well as the property owners, B&K Enterprises, LLC. They are
seeking a variance to permit a decrease in the minimum parking lot setback adjacent to an
arterial roadway in the B-3 General Business district from 20 feet to 8.7 feet. The parcel
is about 1.5 acres and an occupied office building is located there. At the time of final
plat approval in 2006, it met the bulk regulations of the B-3 district. The reason for the
petition is IDOT is acquiring land for widening of Rt. 47. The minimum parking spots
are still met since 16 are required and they will still have 33. The land use is consistent
with the Comp Plan and staff is supportive of the request. The UDO states that the
Planning and Zoning Commission can make the final decision since the request is part of
eminent domain. There was no discussion by the Commissioners.
Action Item
Variance
A motion and second was made by Commissioners Forristall and Millen, respectively, to
approve PZC 2024-16 and Mr. Forristall read the motion as follows: 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 approves 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. Roll call: Vinyard-yes, Forristall-yes, Millen-yes, Linnane-yes.
Carried 4-0.
Page 3 of 3
Additional Business
1. City Council Action Updates
a. PZC 2024-12 102 Worsley St. rezoning classification and variance.
b. PZC 2024-14 Grande Reserve Units 10 & 11 Final Plat approval.
Ms. Noble said both the above cases were approved by the City Council.
In another matter, Ms. Noble said staff is proposing new member training either on
November 13th at the regular meeting or moved into the next year. Commissioners
should contact Ms. Noble with their input.
Adjournment
There was no further business and the meeting was adjourned at 7:13pm on a motion by
Mr. Forristall and second by Mr. Millen. Unanimous voice vote approval.
Respectfully submitted by
Marlys Young, Minute Taker
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Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearings - August 14, 2024
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UNITED CITY OF YORKVILLE
YORKVILLE, ILLINOIS
PLANNING AND ZONING COMMISSION
PUBLIC HEARING
651 Prairie Pointe Drive
Yorkville, Illinois
Wednesday, August 14, 2024
7 :00 p .m .
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815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearings - August 14, 2024
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PRESENT:
Mr. Rich Vinyard, Chairman,
Mr. Greg Millen,
Mr. Ryan Forristall,
Ms. Marge Linane.
ALSO PRESENT:
Ms. Krysti Barksdale-Noble, Community
Development Director;
Ms. Sara Mendez, Planner;
Ms. Marlys Young, Minute Taker.
- - - - -
I N D E X
WITNESS:PAGE:
Gregg Ingemunson 7
- - - - -
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PZC - Public Hearings - August 14, 2024
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(WHEREUPON, the following
proceedings were had in public
hearing:)
CHAIRMAN VINYARD: So there are two
public hearings scheduled for tonight's Planning
and Zoning Commission meeting; however, PZC
2024-17, UDO Chapter 8 , UDO review and approval
procedures, which was a text amendment, was
published, but additional staff review is needed;
therefore, this agenda item will be open and
continued until the next Planning and Zoning
Commission meeting.
Due to the absence of staff material
for this agenda item, may I have a motion to open
and continue the public hearing scheduled for PZC
2024-17 from the August 14th, 2024 Planning and
Zoning Commission meeting to the September 11th,
2024 Planning and Zoning Commission meeting at
the same time and place as the originally planned
hearing?
So we are opening it now, we will
continue it until the September meeting. Can I
have a motion?
MR. FORRISTALL: So moved.
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PZC - Public Hearings - August 14, 2024
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MR. MILLEN: Second.
CHAIRMAN VINYARD: Roll call, please.
MS. YOUNG: Yes. Millen.
MR. MILLEN: Yes.
MS. YOUNG: Linane.
MS. LINANE: Yes.
MS. YOUNG: Vinyard.
CHAIRMAN VINYARD: Yes.
MS. YOUNG: And Forristall.
MR. FORRISTALL: Yes.
MS. YOUNG: Thank you.
CHAIRMAN VINYARD: Very good. Okay. So
the public hearings for PZC 2024-17 have been
continued to the September 11th, 2024 Planning
and Zoning Commission meeting.
The purpose of the 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 against
the request or to ask questions of the petitioner
regarding the request being heard.
Those persons wishing to testify are
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PZC - Public Hearings - August 14, 2024
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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 if you plan to
speak during tonight's hearing as a petitioner or
as a member of the public.
Please stand and raise your right
hand.
MR. INGEMUNSON: I can testify.
(The witness thereupon duly sworn.)
CHAIRMAN VINYARD: So the order for
receiving testimony here in the public hearing
will be as follows: The petitioner presentation;
those who wish to speak in favor of the request;
followed by 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 2024-16,
2551 North Bridge Street, requesting a variance?
MR. FORRISTALL: So moved.
MR. MILLEN: Second.
CHAIRMAN VINYARD: Roll call on the
motion, please.
MS. YOUNG: Yes. Linane.
MS. LINANE: Yes.
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PZC - Public Hearings - August 14, 2024
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MS. YOUNG: Vinyard.
CHAIRMAN VINYARD: Yes.
MS. YOUNG: Forristall.
MR. FORRISTALL: Yes.
MS. YOUNG: And Millen.
MR. MILLEN: Yes.
MS. YOUNG: Thank you.
CHAIRMAN VINYARD: Okay. So the public
hearing up for discussion tonight is as follows:
The Illinois Department of Transportation, the
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
North Bridge Street, 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 from 8 .7 feet from the required
20 feet -- to 8 .7 feet from the required 20 foot
from the property line for B -3 General Business
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815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearings - August 14, 2024
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District.
Is the petitioner for PZC 2024-16,
2551 North Bridge Street, ready to present?
GREGG INGEMUNSON,
having been first duly sworn, testified as
follows:
MR. INGEMUNSON: There is not much
really to present because you just called it
right there. It's just based on the taking, they
are widening the road of 47, so what we are doing
is essentially making it so they have a variance
so they later can't -- don't have to move their
parking or remove it.
CHAIRMAN VINYARD: Sir, these are the
sign variances that I love approving.
MR. INGEMUNSON: Yes, same thing.
CHAIRMAN VINYARD: This is a clear-cut
business transaction between the state and --
MR. INGEMUNSON: Well, we were going to
need one of those, but we moved our take-back to
seven-feet-ish, so we don't have a variance on
that one, so that was two variances, so now we
only need one for the parking, so that's all it
is.
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PZC - Public Hearings - August 14, 2024
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CHAIRMAN VINYARD: Okay. Is there
anyone who wishes to speak in favor of the
request?
(No response.)
CHAIRMAN VINYARD: Anyone present who
wishes to speak in opposition of the request?
(No response.)
CHAIRMAN VINYARD: Are there any
questions from the commissioners for the
petitioner?
(No response.)
CHAIRMAN VINYARD: So every time the
state comes in and buys something that line gets
moved back and we can't make up that distance, so
that's why they are coming up, the typical
variance on the ordinance to get that.
All right. Since all public
testimony regarding this petition has been taken,
may I have a motion to close the taking of
testimony and this public hearing?
MR. FORRISTALL: So moved.
MR. MILLEN: Second.
CHAIRMAN VINYARD: Roll call vote on the
motion, please.
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PZC - Public Hearings - August 14, 2024
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MS. YOUNG: Yes. Linane.
MS. LINANE: Yes.
MS. YOUNG: Vinyard.
CHAIRMAN VINYARD: Yes.
MS. YOUNG: Forristall.
MR. FORRISTALL: Yes.
MS. YOUNG: And Millen.
MR. MILLEN: Yes.
CHAIRMAN VINYARD: Okay. The public
hearing portion of tonight's meeting is closed.
(Which were all the proceedings had
in the public hearing portion of
the meeting, concluding at 7 :07
p .m .)
---o 0 o ---
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PZC - Public Hearings - August 14, 2024
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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 11, 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.
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PZC - Public Hearings - August 14, 2024
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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 21st day of July,
2024.
__________________________________
CHRISTINE M. VITOSH,
C.S.R. Certificate No. 084-02883
/s/